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Item 4AREGULAR CITY COUNCIL MEETING MINUTES: JULY 1, 2008 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Deputy Mayor Pro Tem Virginia M. Muzyka, and Councilmembers Laura K. Hill, Pamela Muller and John Terrell. CITY COUNCIL ABSENT :Councilmembers Gregory Jones and Vernon Stansell. 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 Ortowski, Community Relations Officer Pilar Schank, Manager of Information Systems Gary Gregg, Interim Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Economic Development Specialist Ashley Stathatos, Director of Finance Sharen Jackson, Deputy Director of Finance Sean Leonard, Municipal Judge Carol Montgomery, Director of Human Resources Kevin Hugman, Interim Chief of Fire Services Mike Starr, Police Captain Rusty Daniels, Police Officer Jeff Paul, Director of Planning and Development Services Ken Baker, Planner II Richard Schell, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Michael James, City Attorney Tim Sralla, City Secretary Lori Payne and Deputy City Secretary Tara Brooks. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 5:10 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Toby Wilson, gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 3. Oaths of Office for Place 1 and Place 6 and reception following. Municipal Judge Carol Montgomery administered the Oaths of Office for Place 1 – Laura K. Hill, and Place 6 – Pamela Muller. Mayor Wambsganss called for a break at 5:20 p.m. and invited everyone to the foyer for cake and punch in honor of the Councilmembers. Mayor Wambsganss reconvened the meeting at 5:39 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 1, 2008 Page 1 of 9 Agenda Item No. 4. Southlake Warrant Round-Up. Judge Montgomery gave a brief overview of the program. City Manager Yelverton introduced Officer Paul and Deputy Director Leonard. Agenda Item No. 5. Neighborhood Sewer Program presentation. Director Price presented this item to the Council and answered their questions. The Council discussed this program. Agenda Item No. 6. Discuss all items on tonight’s meeting agenda. City Council reviewed the agenda items with city staff. Item 4C was removed from the consent agenda and was considered separately. Mayor Wambsganss closed the work session at 6:15 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:15 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, consultation with attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:15 p.m. Executive Session began at 6:30 p.m. Executive Session ended at 7:14 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:21 p.m. No action was taken as a result of the executive session. Agenda Item No. 3A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 3B. City Manager’s Report. City Manager Yelverton advised residents who have a Friday garbage pickup to put their garbage out this Saturday instead because Duncan Disposal is on holiday this Friday, July 4. Agenda Item No. 3C. Local Business Report. Director Last introduced Jay Harrier, the Manager of Campania Pizza, who introduced his business to the Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the items into the record. Agenda Item No. 4A. Approve the minutes from the June 17, 2008, regular City Council meeting and the June 23, 2008 City Council June Retreat. A presentation was not made on this item. The minutes were approved as presented. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 1, 2008 Page 2 of 9 st Agenda Item No. 4B. Ordinance No. 480-UUU, 1 Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to fencing and screening regulations. A presentation was not made on this item. st Agenda Item No. 4C. Ordinance No. 480-VVV, 1 Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, for miscellaneous amendments and corrections. Councilmember Muller requested this item be removed from consent and considered separately. st Agenda Item No. 4D. Ordinance No. 483-N, 1 Reading, An amendment to the Subdivision Ordinance No. 483, as amended, as it pertains to completeness determination procedures and clarification of the official filing date of an application for approval of a plat. A presentation was not made on this item. Director Price stated that there may be some small tweaks to some language within this ordinance between first and second readings. Agenda Item No. 4E. Resolution No. 08-026, Appoint a Mayor Pro Tem and a Deputy Mayor Pro Tem. This item was tabled to the July 15, 2008, regular City Council meeting. Motion was made to approve consent agenda items 4A; 4B; 4D allowing for some minor clarifications to some definitional issues between first and second readings; and to table 4E to the July 15, 2008 City Council meeting. Motion: Terrell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 st Agenda Item No. 4C. Ordinance No. 480-VVV, 1 Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, for miscellaneous amendments and corrections. Director Baker presented this item to Council and answered their questions. Council discussed the proposed changes to open space percentages. Mayor Wambsganss allowed the public to speak. Paul Spain discussed the proposed changes to open space. st Motion was made to approve Ordinance No. 480-VVV, 1 Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, for miscellaneous amendments and corrections noting that staff will review the increase in open space percentages prior to the second reading. Motion: Terrell Second: Muzyka Ayes: Hill, Muzyka, Terrell, Wambsganss Nays: Muller UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 1, 2008 Page 3 of 9 Approved: 4-1 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke. nd Agenda Item No. 6A. Ordinance No. 480-563, 2 Reading (ZA08-037), Zoning Change and Concept Plan for Lot 28, F. Throop No. 1511 Addition on property located at 1780 North Kimball Avenue on property being legally described as Tract 1D, Francis Throop Survey, Abstract No. 1511. Current Zoning: AG Agricultural District. Requested Zoning: SF-30 Single Family Residential District. SPIN Neighborhood #5. Director Baker presented this item to Council. 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 TRACT 1D, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, BEING APPROXIMATELY 1.006 ACRE, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-30” 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 the public hearing. nd Motion was made to approve Ordinance No. 480-563, 2 Reading (ZA08-037), Zoning Change and Concept Plan for Lot 28, F. Throop No. 1511 Addition subject to Concept Plan Review Summary No. 2, dated May 30, 2008. Motion: Terrell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 6B. ZA08-039, Site Plan for Lot 4, Block 2R1, Southlake Town Square, located at 1240 Main Street. Current Zoning: DT Downtown District. SPIN UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 1, 2008 Page 4 of 9 Neighborhood #8. Planner Schell and Director Price presented this item in conjunction with item 6C. Applicant Brian Stebbins gave a presentation and answered Council’s questions. Sandy Spurgin with Southlake Town Square answered Council’s questions. No one spoke during the public hearing. Motion was made to approve ZA08-039, Site Plan for Lot 4, Block 2R1, Southlake Town Square, located at 1240 Main Street subject to potential brick columns being looked at on either side of the doors as indicated by the applicant and subject to Revised Site Plan Review Summary No. 2, dated June 19, 2008. Motion: Terrell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 6C. ZA08-040, Plat Revision for Lots 4R and 5, (formerly represented as Lots 1-5), Block 2R1 (formerly represented as Block 2R2), Southlake Town Square Addition; being a revision of Lot 4, Block 2R1, Southlake Town Square Addition and being located at 1240 Main Street. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Planner Schell and Director Price presented this item in conjunction with item 6B. Applicant Brian Stebbins gave a presentation and answered Council’s questions. Motion was made to approve ZA08-040, Plat Revision for Lots 4R and 5, (formerly represented as Lots 1-5), Block 2R1 (formerly represented as Block 2R2), Southlake Town Square Addition, requiring dedicatory language for the various easements and approval being contingent upon identification of the lender and signatures; and subject to Revised Plat Review Summary No. 2, dated June 19, 2008. Motion: Terrell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 6D. Resolution No. 08-027 (ZA08-035), Specific Use Permit for Gateway Church - Fall Festival on property being legally described as Lot 1, Block 1, Carroll ISD No. 6 Addition and located at 1085 South Kimball Avenue. Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. Director Baker presented this item to Council. Council discussed the applicant’s request for a three-year permit. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR THE GATEWAY CHURCH FALL FESTIVAL ON PROPERTY WITHIN THE CITY OF UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 1, 2008 Page 5 of 9 SOUTHLAKE, TEXAS, LOCATED AT DRAGON STADIUM, 1085 S. KIMBALL AVENUE, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, CARROLL I.S.D. NO. 6 ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 08-027 (ZA08-035), Specific Use Permit for Gateway Church - Fall Festival to approve the three year permit that will automatically renew unless a determination is made by the administrator that there was some issue that warrants not approving it for the following year. Motion: Terrell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 st Agenda Item No. 7A. Ordinance No. 480-562, 1 Reading (ZA07-148), Zoning Change and Site Plan for Onsom Medical Offices on property legally described as Tracts 4C1A and 4C2B, Les Ex, A.H. Chivers Survey, Abstract No. 299; and located at 630 East State Highway 114. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #5. Director Baker presented this item to Council. Architect Skip Blake made a presentation and answered Council’s questions. After discussion, the applicant requested to table this item to allow time for the applicant to rework the plan to determine if parking can be placed behind the building. st Motion was made to table Ordinance No. 480-562, 1 Reading (ZA07-148), Zoning Change and Site Plan for Onsom Medical Offices to the July 15, 2008 City Council meeting. Motion: Terrell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Mayor Wambsganss called for a break at 8:26 p.m. and reconvened the meeting at 8:45 p.m. Due to a problem with the voting software, Council took another vote on item 7A: st Motion was made to table Ordinance No. 480-562, 1 Reading (ZA07-148), Zoning Change and Site Plan for Onsom Medical Offices to the July 15, 2008 City Council meeting. Motion: Terrell UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 1, 2008 Page 6 of 9 Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 st Agenda Item No. 7B. Ordinance No. 480-328A, 1 Reading (ZA08-043), Zoning Change and Site Plan for Countryside Bible Church on property being legally described as Lot 2R, Block A, Ravenaux Village Addition and located at 250 Countryside Court. Current Zoning: S-P-1 Detailed Site Plan District with Community Service District uses. Requested Zoning: S-P-1 Detailed Site Plan District with Community Service District uses. SPIN Neighborhood #11. Director Baker presented this item to Council and answered their questions. Director Price addressed options for the proposed hammerhead. Architect F.C. LeVrier presented this item and answered Council’s questions. Mayor Wambsganss allowed the public to speak, but no one spoke. st Motion was made to approve Ordinance No. 480-328A, 1 Reading (ZA08-043), Zoning Change and Site Plan for Countryside Bible Church noting the applicant’s agreement to construct a 24-inch rock wall at the end of the hammerhead and will put in a four foot break with some flagstone type features on the ground between the landscaping and requesting the applicant to present an alternative plan relating to the pillars shown in the urban design plan; requiring applicant to replace light fixtures on the existing poles and to set the timers on the lights; accepting the applicant’s agreement to make arrangements for parking on the east side of the building for evening and overnight usage; requiring the applicant to put in a concrete drain or pilot channel at the bottom of the detention pond to get the water over to the hammerhead; noting that by the second reading the applicant will bring a drawing with the actual color and material of the exterior of the building; and subject to Site Plan Review Summary No. 2, dated June 13, 2008. Motion: Terrell Second: Muller Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 9A. Approve renewal of the solid waste services contract with Republic Waste Services including proposed amendments. Assistant City Manager Blagg presented this item to Council and answered Council’s questions. Applicant Nick Stefkovich with Republic Waste Services answered Council’s questions. Council discussed this item. Motion was made to approve renewal of the solid waste services contract with Republic Waste Services including proposed amendments also adding language that would UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 1, 2008 Page 7 of 9 require if the city institutes or substantially changes the collection methods or frequency it would allow the city to opt out of the contract. Motion: Terrell Second: Hill Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 9B. Consider SP08-144, Variance to Sign Ordinance No. 704-C for a temporary sign for Carillon Office Development, located at the 200 block of East State Highway 114. Director Baker presented this item to Council. Applicant David Carr with Hines Development, 2650 Dove Road, Southlake, Texas answered Council’s questions. Council discussed this request. Motion was made to approve SP08-144, Variance to Sign Ordinance No. 704-C for a temporary sign for Carillon Office Development, located at the 200 block of East State Highway 114. Motion: Terrell Second: Muzyka Ayes: Muzyka, Terrell, Wambsganss Nays: Hill, Muller Motion failed: (3-2) The first motion failed so Mr. Carr requested to table this item to the next Council meeting. Motion was made to table SP08-144, Variance to Sign Ordinance No. 704-C for a temporary sign for Carillon Office Development, located at the 200 block of East State Highway 114 to the July 15, 2008 City Council meeting. Motion: Terrell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 9C. Consider SP08-126, Variance to Sign Ordinance No. 704-C for The George Group, located at 430 North Carroll Avenue, Suite 110. Planner Schell presented this item to Council. The applicant was not present. Council discussed this request. Motion was made to deny SP08-126, Variance to Sign Ordinance No. 704-C for The George Group, located at 430 North Carroll Avenue, Suite 110. Motion: Muller Second: Hill Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 1, 2008 Page 8 of 9 Vote: 5-0 (to deny) Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 10:09 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ Andy Wambsganss Mayor ATTEST: ______________________________ Lori Payne, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 1, 2008 Page 9 of 9