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Item 4ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: APRIL 3, 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 (arrived at 5:35 p.m.), and Councilmembers Laura K. Hill, Gregory Jones (arrived at 5:50 p.m.), 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, Library Administrator Kerry McGeath, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Works Robert H. Price, City Attorney Tim Sralla, 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 5:12 p.m. Agenda Item No. 2. Invocation. Eric Hulet from Grace Community Church gave the invocation. Mayor Wambsganss led the Pledge of Allegiance. Agenda Item No. 4L. Approve the Comprehensive Annual Financial Report for the period ending September 30, 2006. Shawn Parker with Weaver and Tidwell made a presentation to the Council. Agenda Item No. 3. Update on sidewalk construction initiative. Director Price and Director Baker presented this item to Council. Agenda Item No. 4. Discuss all items on tonight’s meeting agenda. City Council reviewed the consent agenda items with city staff. Item 4K was withdrawn by the applicant. Items 7B and 9A were added to the consent agenda. The work session ended at 6:03 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:03 p.m. UNOFFICAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007 Page 1 of 9 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; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:03 p.m. Executive Session began at 6:25 p.m. and ended at 7:40 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:53 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and events. Deputy Mayor Pro Tem Terrell made a presentation on behalf of the students from Sister City Tome, Japan. Agenda Item No. 3A1. Proclamation for National Library Week. Mayor Wambsganss presented a proclamation to Library Board members Lori Burr, Kim Roberts and Brenda Flores in honor of National Library Week. Agenda Item No. 3B. City Manager’s Report. City Manager Yelverton reported on the SPIN Home and Garden Energy Fair that was held last weekend. Agenda Item No. 3C. Local Business Report. Director Last introduced Jeff Isler from Total Concept Golf Academy who introduced his business to Council. Agenda Item No. 3D. Parks and Recreation Board Report. Mike Mills updated Council on upcoming park events and activities. 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 March 20, 2007, regular City Council meeting. 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. Al Morin was absent from the March 22, 2007, Planning and Zoning Commission meeting. st Agenda Item No. 4C. Ordinance No. 906, 1 Reading, canceling the May 12, 2007, General Election and declaring each unopposed candidate elected to office; and providing an effective date. A presentation was not made on this item. Agenda Item No. 4D. Approve SPDC Matching Funds request in the amount of $30,000 from the Southlake Girls Softball Association for Bob Jones Park Softball Complex Improvements. A presentation was not made on this item. UNOFFICAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007 Page 2 of 9 Agenda Item No. 4E. Award bid to Quality Excavation, LTD, for Noble Oaks Park Pond Improvements including add alternates for a total amount of $97,870. A presentation was not made on this item. Agenda Item No. 4F. Approve a lease agreement extension for an additional sixty days for property located at 315 and 379 Shady Oaks Lane. A presentation was not made on this item. Agenda Item No. 4G. ZA07-021, Plat Revision for La Mirada, located at 1925 Peytonville Avenue. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #11. A presentation was not made on this item. st Agenda Item No. 4H. Ordinance No. 480-PPP, 1 Reading, Amendment to the Comprehensive Zoning Ordinance, Section 43, General Development Standards, Masonry Requirements. A presentation was not made on this item. st Agenda Item No. 4I. Ordinance No. 557-A, 1 Reading, Amendment to the Masonry Ordinance, Section 2, Definitions of masonry material. A presentation was not made on this item. st Agenda Item No. 4J. Ordinance No. 480-520, 1 Reading, (ZA07-024), Zoning Change and Concept Plan for Lot 14, H. Granberry No. 581 Addition, located at 440 and 480 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #14. A presentation was not made on this item. Agenda Item No. 4K. Consider SP07-097, Variance to Sign Ordinance No. 704-C for the Shops of Southlake development sign located at 1251 East Southlake Boulevard at the intersection of South Carroll Avenue. This item was withdrawn by the applicant prior to the meeting. Agenda Item No. 4L. Approve the Comprehensive Annual Financial Report for the period ending September 30, 2006. Shawn Parker with Weaver and Tidwell presented this item during the work session. nd Agenda Item No. 4M. Ordinance No. 480-LLL, 2 Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2 Single Family Residential Zoning District. This item was tabled to the May 15, 2007, City Council meeting. st Agenda Item No. 4N. Ordinance No. 480-492, 1 Reading, (ZA06-045), Zoning Change for a portion of Lot 1, Block 1, Arnold Estates, at 1275 Shady Oaks Drive with access through 520 West Highland Street. Current Zoning: RE Single Family Residential Estate District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #11. This item was tabled to the May 15, 2007, City Council meeting. Agenda Item No. 4O. ZA06-046, Plat Revision for proposed Lot 2B2AR, Block 1, Burnett Acres Addition; being a revision of a portion of Lot 1, Block 1, Arnold Estates Addition and Lot 2B2A, Block 1, Burnett Acres Addition, located at 520 West Highland Street and 1275 Shady UNOFFICAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007 Page 3 of 9 Oaks Drive. Current Zoning: RE Single Family Residential Estate District and SF-1A Single Family Residential District. Proposed Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #11. This item was tabled to the May 15, 2007, City Council Meeting. st Agenda Item No. 7B. Ordinance No. 480-519, 1 Reading, (ZA06-190), Zoning Change and Concept Plan for Lot 24, F. Throop No. 1511 Addition, located at 1497 East Dove Street. Current Zoning: AG Agricultural District. Requested Zoning: SF-30 Single Family Residential District. SPIN Neighborhood #5. A presentation was not made on this item. Agenda Item No. 9A. Consider SP07-096, Variance to Sign Ordinance No. 704-C for Curves for Women, located at 1959 West Southlake Boulevard, Suite 120. Chief Planner Killough presented this item to Council during the work session. Applicant, Jeff Volt, 220 South Park Trail, Southlake, Texas answered Council’s questions. Motion was made to approve consent agenda items 4A; 4B to excuse Al Morin from the March 22, 2007, Planning and Zoning Commission meeting; 4C; 4D; 4E; 4F; 4G subject to Plat Review Summary No. 1, dated March 15, 2007; 4H; 4I; 4J subject to Concept Plan Review Summary No. 3, dated March 16, 2007; 4K to withdraw; 4L; 4M to table to the May 15, 2007, City Council meeting; 4N to table to the May 15, 2007, City Council meeting; 4O to table to the May 15, 2007, City Council meeting; 7B subject to Concept Plan Review Summary No. 3, dated March 16, 2007; and 9A increasing the maximum letter height to 18 inches. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Thomas Drake, 1212 Westmont Drive, Southlake, Texas, spoke regarding the Shops of Southlake development. Chuck Blucher, 1218 Westmont Drive, Southlake, Texas, spoke regarding the Shops of Southlake development. Jane Cravens, 304 Lakeside Court, Southlake, Texas, spoke regarding the Shops of Southlake development. nd Agenda Item No. 6A. Ordinance No. 898-A, 2 Reading, Amend Ordinance No. 898, FY2006- 07 Annual Budget. Mayor Wambsganss introduced this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: UNOFFICAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007 Page 4 of 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REVISING BUDGET FIGURES FOR FISCAL YEAR 2006-07 BEGINNING OCTOBER 1, 2006, AND TERMINATING SEPTEMBER 30, 2007, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 898-A, 2 Reading. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6B. ZA06-187, Site Plan for Masco Service Corporation, located at 1200 North Kimball Avenue. Current Zoning: B-1 Business Service Park District. SPIN Neighborhood #5. Chief Planner Killough presented this item to Council in conjunction with items 6C and 6D. Applicant, Shane Bostick, made a presentation and answered Council’s questions. Ian Frederickson of Hughes and Luce LLP spoke regarding the encroachment agreement. After discussing this item, Mr. Bostick requested to table to the April 17, 2007, City Council meeting. Motion was made to table this item to the April 17, 2007, City Council meeting. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6C. Approve Right-of-way Encroachment Agreement for Masco Service Corporation. Chief Planner Killough presented this item to Council in conjunction with items 6B and 6D. Applicant, Shane Bostick, requested to table this item to the April 17, 2007, City Council meeting. Motion was made to table this item to the April 17, 2007, City Council meeting. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6D. ZA06-023, Plat Showing for Lots 19 and 20, F. Throop No. 1511 Addition, located at 1200 North Kimball Avenue. Current Zoning: B-1 Business Service Park District. SPIN Neighborhood #5. Chief Planner Killough presented this item to Council in UNOFFICAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007 Page 5 of 9 conjunction with items 6B and 6C. Applicant, Shane Bostick, requested to table this item to the April 17, 2007, City Council meeting. Motion was made to table this item to the April 17, 2007, City Council meeting. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 nd Agenda Item No. 6E. Ordinance No. 480-517, 2 Reading (ZA07-004), Zoning Change and Concept Plan for Image Business Park, located at 2301 Crooked Lane. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. Director Baker presented this item to Council. Applicant, F.C. LeVrier, answered Council’s questions. Chief Finn answered questions regarding the streets. 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 1, GREEN MEADOW SUBDIVISION, AND BEING APPROXIMATELY 14.00 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH LIMITED “I-1” LIGHT INDUSTRIAL DISTRICT USES, 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. Mayor Wambsganss opened the public hearing. Harry Ingalls, Assistant Superintendent of Operations for Carroll Independent School District, addressed access to Dragon Stadium. Mayor Wambsganss closed the public hearing. Council discussed this item. UNOFFICAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007 Page 6 of 9 nd Motion was made to approve Ordinance No. 480-517, 2 Reading, (ZA07-004), Zoning Change and Concept Plan for Image Business Park, noting the applicant’s agreement to change the public streets to named private streets that will be built to city standards; noting the proposed wall, reflected on the plan, will be on a concrete base with concrete footings, as long as the adjacent lot maintains its residential status; noting the applicant’s agreement that the roof materials and color hues will be consistent among the buildings; noting in place of the EFIS there will be concrete stucco; allowing EFIS only on accent areas, as per City Code; noting the detention pond will have masonry, terraced sides as described by the applicant and will be surrounded by wrought iron fencing; granting requested variances; and subject to Concept Plan Review Summary No. 4, dated March 8, 2007. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6F. ZA07-026, Revised Site Plan for Carroll Senior High School, located at 1501 West Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #16. Chief Planner Killough presented this item to Council in conjunction with item 6G. Applicant, Harry Ingalls, Assistant Superintendent of Operations of Carroll Independent School District, answered Council’s questions. No one spoke during the public hearing. Motion was made to approve ZA07-026, Revised Site Plan for Carroll Senior High School, subject to the Planning and Zoning Commission recommendation and the staff report as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6G. ZA07-027, Revised Site Plan for Durham Elementary School, located at 801 Shady Oaks Drive. Current Zoning: CS Community Service District. SPIN Neighborhood #10. Chief Planner Killough presented this item to Council in conjunction with item 6F. Applicant, Harry Ingalls, Assistant Superintendent of Operations of Carroll Independent School District, answered Council’s questions. No one spoke during the public hearing. Motion was made to approve ZA07-027, Revised Site Plan for Durham Elementary School subject to the Planning and Zoning Commission recommendation and the staff report as presented. Motion: Terrell Second: Muzyka UNOFFICAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007 Page 7 of 9 Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss called for a break at 9:50 p.m. Mayor Wambsganss reconvened the meeting at 10:13 p.m. st Agenda Item No. 7A. Ordinance No. 480-518, 1 Reading, (ZA06-174), Zoning Change and Site Plan for St. John Baptist Church, located at 900 South Kimball Avenue. Current Zoning: I-1 Light Industrial District. Requested Zoning: CS Community Service District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council. Applicant, Brian Avert with Graham and Associates, made a presentation and answered Council’s questions. Mayor Wambsganss allowed the public to speak. Charles Griffith, 2718 York Court, Southlake, Texas, and President of the Cambridge Place Homeowner’s Association, discussed the sidewalks. Rodney H. Johnson, 3610 Bentfield Place, Arlington, Texas, and member of the church, discussed the tree and sidewalks. John Wise, 717 Manchester Court, Southlake, Texas, discussed the tree and sidewalks. st Motion was made to approve Ordinance No. 480-518, 1 Reading (ZA06-174) Zoning Change and Site Plan for St. John Baptist Church, noting review and recommendation by landscape administrator prior to second reading; subject to the Planning and Zoning Commission recommendation; granting requested variance for the ten percent reduction in parking; granting the variance to stacking depth; granting the sidewalk variance subject to the applicant’s agreement to build the sidewalk to the southwest corner of the church’s property and northward to the north side of Brookshire Drive; and subject to Site Plan Review Summary No. 5, dated March 27, 2007. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 st Agenda Item No. 7C. Ordinance No. 907, 1 Reading, Amending Chapter 10, Article V, "Public Smoking," of the Southlake City Code. Director Baker presented this item to Council. Mayor Wambsganss allowed the public to speak. Scott Parizo, 1407 McCrae Trail, Southlake, Texas spoke in opposition. Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas did not speak, but wrote a note recording his concern for personal freedoms. UNOFFICAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007 Page 8 of 9 Council discussed this item. st Motion was made to approve Ordinance No. 907, 1 Reading, as presented. Motion: Jones Second: Stansell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 11:15 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ Andy Wambsganss Mayor ATTEST: ______________________________ Lori A. Farwell, TRMC City Secretary UNOFFICAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007 Page 9 of 9