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2009-05-05 Regular CC Meeting CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: MAY 5. 2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: Linda Pallone, Chaplain of the Month 3. Special recognition and reception for Mayor Andy Wambsganss 4. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or immediately following the work session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities. 2. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events 2. Proclamation for Motorcycle Safety and Awareness Month City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 5, 2009 Page 2 of 6 3. Recognize students from the Carroll ISD and Keller ISD Class of 2009 who have been accepted to a military academy B. School District Report CONSENT AGENDA: All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: A. Approve minutes from the April 21, 2009 regular City Council meeting. B. Award construction contract for intersection improvements located at South White Chapel Boulevard and Continental Boulevard to Quality Excavation, LTD. in the amount of $516,054.21 and authorize construction phase contingencies. C. Approve 2008 Comprehensive Annual Financial Report. D. Approve conceptual plans of Department of Public Safety sculpture. E. ZA06-171, Plat Revision Extension for Lots 1 R1, 1 R2, and 1 R3, Block 1, Gorbutt Addition on property located 1545 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. Request for extension to May 20, 2010. F. ZA08-029, Final Plat Extension for Gateway Church on property located along State Highway 114, between North Carroll Avenue and North Kimball Avenue. Current Zoning: NR-PUD - Non-Residential Planned Unit Development District. SPIN Neighborhood #4. Request for extension to May 8, 2010. G. Ordinance No. 480-584, 1St Reading (ZA09-008), Zoning Change and Concept Plan for 630 Shady Oaks Drive on property described as Tract 11A03, T. Hood Survey, Abstract No. 706. Current Zoning: AG - Agricultural. Proposed Zoning: SF-20A - Single Family Residential District. SPIN Neighborhood # 6. (If approved at first reading, a public hearing will be held May 19, 2009). H. Ordinance No. 480-579, 1St Reading (ZA08-062), Zoning Change and Concept Plan for 520 South White Chapel Boulevard on property being described as Tract 3E, Hiram Granberry Survey, Abstract No. 581 and being located at 520 South White Chapel Boulevard. Current Zoning: AG - Agricultural District. Requested Zoning: SF-20A - Single Family City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 5, 2009 Page 3 of 6 Residential District. SPIN Neighborhood #14. THIS ITEM HAS BEEN TABLED TO THE MAY 19, 2009 CITY COUNCIL MEETING. 1. Ordinance No. 480-WWW, 1St Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy Systems. THIS ITEM HAS BEEN TABLED TO THE MAY 19, 2009 CITY COUNCIL MEETING. J. Ordinance No. 480-YYY, 1St Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to On-Site Sewage Facility Plans. THIS ITEM HAS BEEN TABLED TO THE MAY 19, 2009 CITY COUNCIL MEETING. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.) 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-583, 2nd Reading (ZA08-105), Zoning Change and Concept Plan for proposed Lot 29, F. Throop No. 1511 Addition being described as Tracts 1G1, 1G, 1V1, 1V, F. Throop Survey, Abstract No. 1511 and being located at 1900 North Kimball Avenue. Current Zoning: AG - Agricultural District. Requested Zoning: SF-1A - Single Family Residential District. SPIN Neighborhood #6. PUBLIC HEARING B. Ordinance No. 480-522A, 2nd Reading (ZA09-011), Zoning Change and Site Plan for Countryside White Chapel Office Park, Lots 1R1-1R4 (formerly known as White Chapel Office Park, Phase 11) on property being described as Lot 1, Block B, Ravenaux Village Addition and being located at 201 Countryside Court. Current Zoning: S-P-1 - Detailed Site Plan District. Requested Zoning: S-P-1 - Detailed Site Plan District. SPIN Neighborhood #11. PUBLIC HEARING C. Variance to the Subdivision Ordinance No. 483, Section 12, Plat Expiration, as amended, requesting to extend the validity of Case ZA07- 016, Plat Revision for Lots 1R1-1R5, Block B, Ravenaux Village (Countryside White Chapel Offices) located at 201 Countryside Court Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #5. Request for extension to May 5, 2010. 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: (There are no items on this agenda.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 5, 2009 Page 4 of 6 9. Other items for consideration: A. ZA09-010, Preliminary Plat for Carillon Residential on property being described Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3131, and 3B2, Larkin H. Chivers Survey, Abstract No. 300 and Tracts 3 and 4A1, Absalom H. Chivers Survey, Abstract No. 299 and being located at 1500 and 1900 North Carroll Avenue, 1801 North White Chapel Blvd, and 100, 202, 250, 300, 320, and 350 East State Highway 114. Current Zoning: ECZ- Employment Center Zoning District. SPIN Neighborhood #3. B. Consider SV09-006, Amendment to the Shops of Southlake Conditional Sign Permit for Nordstrom Rack located at 1445 East Southlake Boulevard. C. Consider SV09-007, Variance to Sign Ordinance No. 704-C for a temporary sign for Watermere at Southlake located at 2807 West Southlake Boulevard. D. Consider SV09-008, Variance to Sign Ordinance No. 704-C for Stars Theater Company located at 1970 East Dove Road. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, May 1, 2009, by 6:00 p.m., pursuant to the Texas GovernmerA,Q,Qde, Chapter 551. o Lori Payne, TR C City Secretary If you plan to attend this puNc„sMtig and have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 5, 2009 Page 5 of 6 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004. 2. Michael Kenny vs. City of Southlake. April 2008. 3. Jayson Steele vs. City of Southlake. August 2008. Section 551.072: Deliberation regarding real propert y The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. City of South/ake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 5, 2009 Page 6 of 6 Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism-related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: MAY 5, 2009 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern John Terrell, Deputy Mayor Pro Tern Gregory Jones and Councilmembers Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon Stansell. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Orlowski, Community Relations Officer Pilar Schank, Deputy Director of Community Services Kerry McGeath, Director of Finance Sharen Jackson, Director of Human Resources Supervisor Kevin Hugman, Director of Information Technology Dale Dean, Information Technology Technician Vicky Roche, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Chief Building Official Paul Ward, Chief of Police Services Robert Finn, Chief of Fire Services Mike Starr, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Cheryl Taylor, City Attorney Tim Sralla, City Secretary Lori Payne, Deputy City Secretary Tara Brooks, and Office Assistant Brandi Harris. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 5:11 p.m. Agenda Item No. 2. Invocation. Chaplain of the month Linda Pallone gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No 3 Special recognition and reception for Mayor Andy Wambsqanss. City Manager Yelverton introduced this item. Mayor Pro Tern Terrell presented the Mayor with a plaque in recognition of his service to the City and several framed photos with the key to the City. Each Councilmember was given the opportunity to address the Mayor. City Manager Yelverton made a presentation on behalf of City staff and asked the audience to join the Mayor in the foyer for a reception. Mayor Wambsganss reconvened the meeting at 5:45 p.m. REGULAR CITY COUNCIL MEETING MINUTES, MAY 5, 2009 Page 1 of 9 Agenda Item No. 4. Discuss all items on tonight's meeting agenda. City Council reviewed the consent agenda items with city staff. Mayor Wambsganss closed the work session at 5:52 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:52 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, seek advice from the city attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:52 p.m. Deputy Mayor Pro Tern Jones left the meeting at 5:52 p.m. for a prior commitment but returned later in the evening. Executive Session began at 6:24 p.m. and ended at 6:34 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:47 p.m. and asked if any action was necessary from Executive Session. No action was necessary. The Reports Section, Item No. 3, was heard later in the meeting. The Council considered the consent agenda next. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Wambsganss read the items into the record. Agenda Item No 4A Approve minutes from the April 21, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Award construction contract for intersection improvements located at South White Chapel Boulevard and Continental Boulevard to Quality Excavation, LTD. in the amount of $516,054.21 and authorize construction phase contingencies. A presentation was not made on this item. Agenda Item No 4C Approve 2008 Comprehensive Annual Financial Report. A presentation was not made on this item. Agenda Item No 4D Approve conceptual plans of Department of Public Safety sculpture. Assistant City Manager / Director Blagg answered Council's questions during the work session. REGULAR CITY COUNCIL MEETING MINUTES, MAY 5, 2009 Page 2 of 9 Agenda Item No. 4E. ZA06-171, Plat Revision Extension for Lots 1R1, 1R2, and 1R3, Block 1, Gorbutt Addition on property located 1545 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. Request for extension to May 20, 2010. A presentation was not made on this item. Agenda Item No. 4F. ZA08-029, Final Plat Extension for Gateway Church on property located along State Highway 114, between North Carroll Avenue and North Kimball Avenue. Current Zoning: NR-PUD - Non-Residential Planned Unit Development District. SPIN Neighborhood #4. Request for extension to May 8, 2010. A presentation was not made on this item. Agenda Item No. 4G. Ordinance No. 480-584, 1St Reading (ZA09-008), Zoninq Change and Concept Plan for 630 Shady Oaks Drive on property described as Tract 11A03, T. Hood Survey, Abstract No. 706. Current Zoning: AG - Agricultural. Proposed Zoning: SF-20A - Single Family Residential District. SPIN Neighborhood #6. A presentation was not made on this item. This item was approved subject to Concept Plan Review Summary No. 2, dated April 17, 2009. Agenda Item No. 4H. Ordinance No. 480-579, 1St Reading (ZA08-062), Zoning Change and Concept Plan for 520 South White Chapel Boulevard on property being described as Tract 3E Hiram Granberry Survey, Abstract No. 581. Current Zoning: AG - Agricultural District. Requested Zoning: SF-20A - Single Family Residential District. SPIN Neighborhood #14. This item was tabled to the May 19, 2009 City Council meeting. Agenda Item No. 41. Ordinance No. 480-WWW, 1St Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy Systems. This item was tabled to the May 19, 2009 City Council meeting. Agenda Item No. 4J. Ordinance No. 480-YYY, 1St Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to On-Site Sewage Facility Plans. This item was tabled to the May 19, 2009 City Council meeting. Motion was made to approve consent agenda items 4A; 413; 4C; 4D; 4E; 4F; 4G subject to Concept Plan Review Summary No. 2, dated April 17, 2009; to table item 4H to the May 19, 2009 City Council meeting; to table item 41 to the May 19, 2009 City Council meeting; and to table item 4J to the May 19, 2009 City Council meeting. Motion: Terrell Second: Hill Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, MAY 5, 2009 Page 3 of 9 Agenda Item No. 6A. Ordinance No. 480-583, 2nd Reading (ZA08-105), Zoning Change and Concept Plan for proposed Lot 29, F. Throop No. 1511 Addition being described as Tracts 1G1, 1G, 1V1, 1V, F. Throop Survey, Abstract No. 1511 and being located at 1900 North Kimball Avenue. Current Zoning: AG - Agricultural District. Requested Zoning: SF-1A - Single Family Residential District. SPIN Neighborhood #6. Director Baker did not make a presentation on this item. There were no changes from first reading. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACTS 1G1, 1G, 1V1, 1V, F. THROOP SURVEY, ABSTRACT NO. 1511, SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.536 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF1A" SINGLE-FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during public hearing. Motion was made to approve Ordinance No. 480-583, 2nd Reading (ZA08-105), Zoning Change and Concept Plan for proposed Lot 29, F. Throop No. 1511 Addition as set forth in Council's packet; subject to Concept Plan Review Summary No. 2, dated February 25, 2009; and requiring that prior to a Certificate of Occupancy being issued an adequate water supply be present for the subject property. Motion: Stansell Second: Terrell Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6B. Ordinance No. 480-522A, 2nd Reading (ZA09-011), Zoning Change and Site Plan for Countryside White Chapel Office Park, Lots 1R1-1R4 (formerly known as White Chapel Office Park, Phase II) on property being described as Lot 1 Block B Ravenaux Village Addition and being located at 201 Countryside Court. REGULAR CITY COUNCIL MEETING MINUTES, MAY 5, 2009 Page 4 of 9 Current Zoninq: S-P-1 - Detailed Site Plan District. Requested Zoning: S-P-1 - Detailed Site Plan District. SPIN Neighborhood #11. Director Baker presented this item to Council in conjunction with item 6C. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1, BLOCK B, RAVENEAUX VILLAGE ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" WITH "0-1" DISTRICT USES DETAILED SITE PLAN DISTRICT TO "S-P-1" WITH "O-1" DISTRICT USES DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss went back to the reports section of the meeting after Director Baker's presentation due to the arrival of the participants. Agenda Item No. 6C. Variance to the Subdivision Ordinance No. 483, Article IV, Section 4.01 Section 1.2 Plat Expiration as amended, requesting to extend the validity of Case ZA07-016 Plat Revision for Lots 1R1-1R5, Block B, Ravenaux Village (Countryside White Chapel Offices) located at 201 Countryside Court Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #5. Request for extension to May 5, 2010. Director Baker presented this item to Council in conjunction with item 6B. Mayor Wambsganss went back to the reports section of the meeting after this presentation. Agenda Item No. 3A1. Mayor's Report - update of upcoming meetings and events. Mayor Wambsganss made no presentation under this section. Agenda Item No. 3A2. Mayor's Report - Proclamation for Motorcycle Safety and Awareness Month. Mayor Wambsganss presented this proclamation to Robert Fletcher and Kelly McColpin with Denton ABATE recognizing the importance of motorcycle safety. REGULAR CITY COUNCIL MEETING MINUTES, MAY 5, 2009 Page 5 of 9 Agenda Item No. 3A3. Mayor's Report - Recognize students from the Carroll ISD and Keller ISD Class of 2009 who have been accepted to a military academy. Mayor Wambsganss introduced this item and then turned the presentation over to Amanda Post who is the Academy Coordinator with Congressman Kenny Marchant's office. Ms. Post introduced each student and then presented them with Congressional Certificates of Recognition. All of the students are Southlake residents and are from the following school districts: Carroll ISD - Ahmed Toure (West Point - Army), Michael Price and Christopher Miller (Annapolis - Naval Academy), and Keller ISD - Kramer Young (Colorado Springs - United States Air Force Academy). Agenda Item No. 3B. School District Report. Dr. David Faltys, Superintendent of Carroll Independent School District, gave a report of school activities and events. Deputy Mayor Pro Tern Jones arrived back at the meeting. Mayor Wambsganss went back to items 6B and 6C. Agenda Item No 6B Ordinance No. 480-522A 2nd Reading (ZA09-011), Zoning Change and Site Plan for Countryside White Chapel Office Park Lots 1R1-1R4 (formerly known as White Chapel Office Park Phase II) on property being described as Lot 1 Block B Ravenaux Village Addition and being located at 201 Countryside Court. Current Zoning: S-P-1 - Detailed Site Plan District. Requested Zoning: S-P-1 - Detailed Site Plan District. SPIN Neighborhood #11. Director Baker presented this item earlier in the meeting and answered Council's questions. Applicants, Eddie Cheatham with Cheatham Engineers and Wayne Lee, answered Council's questions. Director Price addressed the questions about grasscrete and velocity issues. No one spoke during public hearing. Motion was made to approve Ordinance No. 480-522A, 2nd Reading (ZA09-011), Zoning Change and Site Plan for Countryside White Chapel Office Park, Lots 1 R1-1 R4 noting applicant's agreement to work with City staff regarding the bottom of the channel which will either be exposed aggregate in a neutral color or grasscrete; allowing the applicant to flip the building 180 degrees but accepting the applicant's agreement that the east side of the building facing White Chapel Boulevard will have similar gables and windows as shown on the front of the building and will substantially look like the front of the building, stating the applicant will remove the covered parking that would have been on the west side of that same building; subject to the recommendations of the Planning and Zoning Commission, and subject to Site Plan Review Summary No. 3, dated April 29, 2009 and granting the requested variances. Motion: Terrell Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, MAY 5, 2009 Page 6 of 9 Agenda Item No. 6C. Variance to the Subdivision Ordinance No. 483, Article IV, Section 4.01 Section 1.2, Plat Expiration, as amended, requesting to extend the validity of Case ZA07-016 Plat Revision for Lots 1R1-1R5, Block B, Ravenaux Village (Countryside White Chapel Offices) located at 201 Countryside Court Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #5. Request for extension to May 5, 2010. Director Baker presented this item earlier in the meeting. Applicants, Eddie Cheatham with Cheatham Engineers and Wayne Lee, answered Council's questions. Motion was made to approve the variance to the Subdivision Ordinance No. 483, Article IV, Section 4.01, Section 1.2, Plat Expiration, as amended, requesting to extend the validity of Case ZA07-016, Plat Revision for Lots 1 R1-1 R5, Block B, Ravenaux Village (Countryside White Chapel Offices) as presented and subject to Plat Review Summary No. 3, dated April 27, 2007. Motion: Terrell Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9A. ZA09-010 Preliminary Plat for Carillon Residential on property being described Tracts 1 2 3A 3A1 3A3 3A4 3A4A 3A5, 3B, 3131, and 3132, Larkin H. Chivers Survey Abstract No. 300 and Tracts 3 and 4A1, Absalom H. Chivers Survey, Abstract No. 299 and being located at 1500 and 1900 North Carroll Avenue, 1801 North White Chapel Blvd and 100, 202, 250, 300, 320, and 350 East State Highway 114. Current Zoning: ECZ- Employment Center Zoning District. SPIN Neighborhood #3. Deputy Director Killough presented this item and answered Council's questions. Applicant Jeff Kennemer, 2206 Shady Dell Lane, Arlington, Texas answered Council's questions. Director Price answered Council's questions. Motion was made to approve ZA09-010, Preliminary Plat for Carillon Residential subject to Plat Review Summary No. 2, dated April 17, 2009 and granting the specific variance relative to the arterial street sections in order to allow 600 and 800 feet radii in two sections at the south end of Kirkwood Boulevard subject to the City Engineers recommendation that the roadway is designed to meet or exceed a 40 mph design speed. Motion: Stansell Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9B. Consider SV09-006 Amendment to the Shops of Southlake Conditional Sign Permit for Nordstrom Rack located at 1445 East Southlake Boulevard. Director Baker presented this item to Council. Applicant David Palmer made a presentation and answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, MAY 5, 2009 Page 7 of 9 Motion was made to approve SV09-006, Amendment to the Shops of Southlake Conditional Sign Permit for Nordstrom Rack located at 1445 East Southlake Boulevard as presented. Motion: Jones Second: Hill Ayes: Hill, Jones, Muzyka, Wambsganss Nays: Muller, Stansell, Terrell Approved: 4-3 Agenda Item No 9C Consider SV09-007 Variance to Sign Ordinance No. 704-C for a temporary sign for Watermere at Southlake located at 2807 West Southlake Boulevard. Deputy Director Killough presented this item to Council. Applicant Kristen Kearnaghan of Watermere answered Council's questions. Motion was made to approve SV09-007, Variance to Sign Ordinance No. 704-C for a temporary sign for Watermere at Southlake located at 2807 West Southlake Boulevard as presented. Motion: Stansell Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No 9D Consider SV09-008 Variance to Sign Ordinance No. 704-C for Stars Theater Company located at 1970 East Dove Road. Deputy Director Killough presented this item to Council. Applicant Melinda Smith, President of the Stars Theater Company, answered Council's questions. Motion was made to approve SV09-008, Variance to Sign Ordinance No. 704-C for Stars Theater Company located at 1970 East Dove Road for a period of one year stipulating that the paid fee of $300 will be returned to the applicant and accepting the applicant's agreement to eliminate the flags from the proposed sign. Motion: Stansell Second: Terrell Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 8:39 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. 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