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Item 4ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 2, 2007 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris, Deputy Mayor Pro Tem John Terrell, and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and Vernon Stansell. CITY COUNCIL ABSENT :None. STAFF PRESENT :City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Community Relations Officer Pilar Schank, Manager of Information Services Gary Gregg, Information Systems Technician Sam Cobb, Director of Community Services Steve Polasek, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Economic Development Specialist Stefanie Wagoner, Assistant Finance Director Sean Leonard, Director of Planning Ken Baker, Chief Planner Jayashree Narayana, Deputy Director of Public Works Gordon Price, Library Administrator Kerry McGeath, City Attorney E. Allen Taylor, City Attorney Cara White, and City Secretary Lori Farwell. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 5:02 p.m. Mayor Wambsganss adjourned the meeting and invited everyone to go outside to Rustin Park in Town Square for the presentation of the time capsule. Agenda item No. 2. Invocation. Coy Quesenbury from Lonesome Dove Baptist Church gave the invocation. He also led a moment of silence in honor of the passing of President Gerald R. Ford. th Agenda Item No. 3. 50 Anniversary time capsule presentation. Mayor Wambsganss lead the th presentation by welcoming attendees and reading the 50 Anniversary proclamation into the record. City Council and guests participated in the presentation. Mayor Wambsganss reconvened the meeting in the Council Chambers at 5:30 p.m. Agenda Item No. 4. Urban Design Study – preliminary median locations and establishment of a city-wide SPIN meeting date. Director Baker presented this item to Council. Council discussed the study with staff. Agenda Item No. 5. Discussion of all items on tonight’s meeting agenda. City Council reviewed the consent agenda items with city staff. Items 9A and 9B were added to the consent agenda. The work session ended at 6:09 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 2, 2007 Page 1 of 8 REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:09 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 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:09 p.m. Executive Session began at 6:22 p.m. and ended at 7:06 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:18 p.m. and asked if any action was necessary from Executive Session. Motion was made to authorize the City Manager to enter into an agreement with the City of Keller to clarify our city boundary subject to issues discussed in executive session and subject to the city attorney’s approval. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 3A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 3B. City Manager’s Report. No report was given. Agenda Item No. 3C. Parks and Recreation Board Report. Mary Georgia updated Council on upcoming events and projects. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 4A. Approve the minutes from the December 5, 2006, regular City Council meeting and the December 12, 2006, joint meeting with City Council and the Planning and Zoning Commission. A presentation was not made on this item. Agenda Item No. 4B. Excuse a member of the Planning and Zoning Commission for an absence from a meeting. Brandon Bledsoe was absent from the P&Z meeting held on December 7, 2006. st Agenda Item No. 4C. Ordinance No. 902, 1Reading, Appoint an Alternate Municipal Judge and authorizing an agreement with the Alternate Municipal Judge and providing an effective date. Council agreed to appoint Gary Lee Hach as Alternate Municipal Judge through February 2009. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 2, 2007 Page 2 of 8 Agenda Item No. 4D. Resolution No. 07-001, Appoint a Chairperson of the Board of Directors of Tax Increment Reinvestment Zone Number One for the 2007 calendar year. Council appointed Virginia M. Muzyka as Chairperson. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A CHAIRPERSON OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4E. Approve renewal of contract with American Landscape Systems for landscape maintenance of public areas in Town Square and Central Park in the amount of $73,050. Director Polasek answered Council’s questions about this item during the work session. Agenda Item No. 4F. Approve renewal of contracts with TruGreen LandCare for landscape maintenance of city facilities and right-of-way mowing in the amount of $90,964. Director Polasek answered Council’s questions about this item during the work session. Agenda Item No. 4G. Authorize the purchase of a Sky Watch Observation Tower for the Department of Public Safety. A presentation was not made on this item. Agenda Item No. 4H. Approve an addendum to an agreement with Townscape, Inc., in the amount of $9,730 for addition of roundabout design concepts, F.M. 1938 (north of F.M. 1709) extension, and traffic modeling to evaluate an at-grade pedestrian crossing at Southlake Town Square / Shops of Southlake to the urban design scope of services. A presentation was not made on this item. Agenda Item No. 4I. Approve a Tree Mitigation Agreement with Berwyn Custom Homes for Lot 5, Block 1, Miracle Pointe. This item was tabled to the January 16, 2007, City Council meeting. Agenda Item No. 4J. Approve a Tree Mitigation Agreement with Miracle Pointe Development Corporation for Lots 6, 7, and 8, Block 1, and Lot 1, Block 2, Miracle Pointe. This item was tabled to the January 16, 2007, City Council meeting. Agenda Item No. 4K. Approve a Tree Mitigation Agreement with Southlake Watermere, L.P., for Lot 2, Block 2, Watermere at Southlake. A presentation was not made on this item. Agenda Item No. 4L. Approve a Scope of Service Agreement with the Southlake Chamber of Commerce for 2006-2007. A presentation was not made on this item. Agenda Item No. 9A. Authorize award of bid to Debbie Smith for conversion of public safety data for the CRIMES software in the amount of $54,000. A presentation was not made on this item. Agenda Item No. 9B. Consider final site plan approval of the Verizon Experience Store located on Lot 2, Block 4R, Southlake Town Square Addition. (A stipulation of the site plan approval UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 2, 2007 Page 3 of 8 was that the red awnings would be reviewed by City Council within three months of the store opening.) A presentation was not made on this item. Motion was made to approve consent agenda items 4A; 4B to excuse Brandon Bledsoe from the Planning and Zoning Commission meeting held on December 7, 2006; 4C to appoint Gary Lee Hach as alternate municipal judge with a term ending February 1, 2009; 4D to appoint Virginia M. Muzyka as Chairperson of the Board of Directors of Tax Increment Reinvestment Zone Number One for the 2007 calendar year; 4E; 4F; 4G; 4H; 4I to table to the January 16, 2007, City Council meeting; 4J to table to the January 16, 2007, City Council meeting; 4K; 4L; 9A; and 9B. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during public forum. nd Agenda Item No. 6A. Ordinance No. 480-509, 2 Reading (ZA06-131), Zoning Change and Development Plan for proposed Estancia at Southlake located at 579 North Kimball Avenue. Current Zoning: AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #6. Director Baker presented this item to Council. Applicant Curtis Young made a presentation and answered Council’s questions. 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 5A4, SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, BEING APPROXIMATELY 7.97 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH “SF-20A” SINGLE FAMILY RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING “PUD” DEVELOPMENT STANDARDS, 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 2, 2007 Page 4 of 8 FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. City Council continued their discussion of this item. Mr. Young asked to table this item to the next meeting. Motion was made to table and to continue the public hearing to the January 16, 2007, City Council meeting. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6B. Resolution No. 06-073, (ZA06-059), Specific Use Permit for a telecommunications antenna on property located at 3700 North White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #1. Chief Planner Narayana presented this item to Council. Applicants Bill Bowman of Metro PCS and Chris Prescott of American Tower answered Council’s questions. 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 TELECOMMUNICATIONS TOWERS, ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK A, OIEN ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. Marylyn Miles, 445 E. FM 1382 #3295, Cedar Hill, Texas, expressed concerns regarding the state of the current landscaping and appearance of the property. Mayor Wambsganss closed the public hearing. Council continued the discussion of this item. Motion was made to approve Resolution No. 06-073, (ZA06-059), Specific Use Permit for a telecommunications antenna on property located at 3700 North White Chapel Boulevard specifically granting a variance on the number of buildings; accepting applicant’s agreement to irrigate the grass area in front of the site and his agreement to place eight, ten-foot cedars on either side of the asphalt drive; stating that the existing landscaping around the current fence will remain and will be replaced if necessary upon construction of the screening wall which will be an eight foot masonry brick wall with masonry footing at least comparable to the Superior fencing product at the water tower; stipulating the site will be maintained at least once a week UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 2, 2007 Page 5 of 8 during the growing season; subject to the recommendations of the Planning and Zoning Commission; and subject to Concept Plan Review Summary No. 3, dated November 3, 2006. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6C. ZA06-166, Site Plan for Lots 2-7, Morrison Office Park, located at 2720 East State Highway 114. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #6. Chief Planner Narayana presented this item to Council. Applicant Ben Henry, 500 Nolen Drive, Suite 550, Southlake, Texas, made a presentation and answered Council’s questions. No one spoke during the public hearing. Motion was made to approve ZA06-166, Site Plan for Lots 2-7, Morrison Office Park, located at 2720 East State Highway 114, noting the water line discussed this evening will be extended to the north property line and may be stubbed to the north at that location; subject to the recommendations of the Planning and Zoning Commission; and subject to Site Plan Review Summary No. 2, dated December 1, 2006. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6D. ZA06-173, Revised Site Plan for Carroll High School expansion, located at 800 North White Chapel Boulevard. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #10. Director Baker presented this item to Council. The applicant was present but did not speak. No one spoke during the public hearing. Motion was made to approve ZA06-173, Revised Site Plan for Carroll High School expansion, located at 800 North White Chapel Boulevard subject to Revised Site Plan Review Summary No. 1, dated December 1, 2006. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss called for a break at 8:51 p.m. and reconvened the meeting at 9:08 p.m. st Agenda Item No. 7A. Ordinance No. 480-510, 1 Reading (ZA06-042), Zoning Change and Development Plan for 3280 Burney Lane, described as Tract 11, R.D. Price Survey, Abstract No. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 2, 2007 Page 6 of 8 1207. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. Amended Zoning Change Request: R-PUD Residential Planned Unit Development District, with SF-1A Single Family Residential District uses and regulations. SPIN Neighborhood #3. Director Baker presented this item to Council. Applicant Jerry Statham, 2666 Pine Hurst Drive, Grapevine, Texas, made a presentation and answered Council’s questions. Mayor Wambsganss allowed the public to speak. David George, 2980 Burney Lane, Southlake, Texas, did not speak initially but registered his support. Ray Chancellor, 890 Harbor Court, Southlake, Texas, spoke in support but expressed some concerns. Marylyn Miles, 445 E. F.M. 1382 #3295, Cedar Hill, Texas, spoke in opposition to this item and inquired about access issues. Council discussed this item and asked additional questions of Mr. Statham. David George, 2980 Burney Lane, Southlake, Texas, discussed access issues. st Motion was made to approve Ordinance No. 480-510, 1 Reading (ZA06-042), Zoning Change and Development Plan for 3280 Burney Lane, described as Tract 11, R.D. Price Survey, Abstract No. 1207; noting applicant has agreed to study a potential trail along the eastern boundary of his property to provide access to the cave; requiring any fencing to be located within the area shown as the building pad and will be wrought iron only; requiring the access drive to satisfy public safety requirements; accepting applicant’s agreement that the area shown in green on the plan tonight will remain an undisturbed and natural state; subject to the recommendations of the Planning and Zoning Commission; subject to Revised Development Plan Review Summary No. 1, dated December 20, 2006; and requiring the applicant to bring back corrected PUD requirements and to address the accessory building issues. Motion: Terrell Second: Stansell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 10:11 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ Andy Wambsganss Mayor UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 2, 2007 Page 7 of 8 ATTEST: ______________________________ Lori A. Farwell, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 2, 2007 Page 8 of 8