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Item 4ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 6, 2007 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Pro Tem Carolyn Morris, Deputy Mayor Pro Tem Virginia M. Muzyka, and Councilmembers Laura K. Hill (left at 9:34 p.m.), Gregory Jones (arrived at 7:27 p.m.), Vernon Stansell, and John Terrell. CITY COUNCIL ABSENT : Mayor Andy Wambsganss. STAFF PRESENT :City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Information Systems Technician Sam Cobb, Director of Community Services Steve Polasek, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Jackson, Captain of Fire Services Mike Starr, Chief of Police Services Wade Goolsby, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Director of Public Works Robert H. Price, City Attorney Cara White, and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Pro Tem Morris at 5:13 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Linda Pallone, gave the invocation. Mayor Pro Tem Morris led the pledge of allegiance. Mayor Pro Tem Morris announced that work session item no. 3 would be heard in the Executive Conference Room. Agenda Item No. 3. Discuss final design alternatives for the City of Southlake logo. Director Last presented this item to Council. Council discussed the logo. No action was taken during the work session. Mayor Pro Tem announced the rest of the work session will be discussed in the Council Chambers. Agenda Item No. 4. Discuss all consent agenda items on tonight’s meeting agenda. City Council reviewed the consent agenda items with city staff. Items 7D; 8A; 9A; and 9B to table to November 20, 2007; were added to the consent agenda. The work session ended at 5:52 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 6, 2007 Page 1 of 7 REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Pro Tem Morris at 5:52 p.m. Agenda Item No. 2A. Executive Session. Mayor Pro Tem Morris announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.072, deliberation regarding real property, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:53 p.m. Executive Session began at 6:20 p.m. and ended at 6:53 p.m. Agenda Item No. 2B. Reconvene. Mayor Pro Tem Morris reconvened the regular meeting at 7:07 p.m. and asked if any action was necessary from Executive Session. Motion was made to proceed regarding condemnation as discussed in executive session. Motion: Terrell Second: Muzyka Ayes: Hill, Morris, Muzyka, Stansell, Terrell Nays: None Approved: 5-0 Agenda Item No. 3A. Mayor’s Report. Mayor Pro Tem Morris announced upcoming meetings and events. Agenda Item No. 3B. City Manager’s Report. No report was given. 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 October 16, 2007, regular City Council meeting. A presentation was not made on this item. Agenda Item No. 4B. Authorize the purchase of a Type I ambulance from Frazer from the Houston Galveston Area Council (HGAC) cooperative bidding program in an amount not to exceed $155,000. A presentation was not made on this item. Agenda Item No. 4C. Approve a professional services contract with Schrickel, Rollins, and Associates for the engineering and design of Phase I of Bicentennial Park in the amount of $1,150,000, with a 4.3% ($50,000) contingency for a total amount not to exceed $1,200,000. A presentation was not made on this item. Agenda Item No. 4D. Approve an SPDC Matching Funds request in the amount of $3,669 from the Oak Pointe HOA for the purchase and installation of a pond aerator at Oak Pointe Park. A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 6, 2007 Page 2 of 7 Agenda Item No. 4E. Approve a 60-month fixed rate agreement with TXU Energy for the supply of electricity. A presentation was not made on this item. Agenda Item No. 4F. Authorize a scope of service agreement with the Southlake Chamber of Commerce for 2007-2008. A presentation was not made on this item. Agenda Item No. 4G. Approve a personal services agreement with Bill Marquis for the reconstruction of the log cabin on the hill in Bicentennial Park in the amount of $97,000. A presentation was not made on this item. Agenda Item No. 4H. ZA07-110, Site Plan for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park Addition on property legally described as Lots 1 and 2R, Block 3, Cornerstone Business Park Addition, located at 500 Silicon Drive and 510 Silicon Drive. Current Zoning: O-1 Office District. SPIN Neighborhood #7. This item was withdrawn by the applicant. Agenda Item No. 4I. ZA07-118, Plat Revision for Lots 3R3R1 and 3R3R2, Block 1, Steward Addition, being a replat of property currently described as Lot 3R3, Block 1, Steward Addition and being located at 551 East Dove Road. Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #5. This item was withdrawn by the applicant. st Agenda Item No. 4J. Ordinance No. 480-492, 1 Reading (ZA06-045), Zoning Change for a portion of Lot 1, Block 1, Arnold Estates. The property is situated 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 November 20, 2007, City Council meeting. nd Agenda Item No. 4K. Ordinance No. 480-534, 2 Reading (ZA07-063), Zoning Change and Development Plan for Winfield Estates on property being legally described as Tracts 1, 1C and 1C1, A.H. Chivers Survey, Abstract No. 299, located at 2210 North Carroll Avenue, 1155 East Dove Road, and 1107 East Dove Road. Current Zoning: C-2 Local Retail Commercial District and AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. This item was tabled and the public hearing continued to the November 20, 2007, City Council meeting. st Agenda Item No. 7D. Ordinance No. 585-D, 1 Reading, Amending the City of Southlake's Tree Preservation Ordinance No. 585. Director Baker presented this item to Council during the work session. Agenda Item No. 8A. Resolution No. 07-016, A resolution approving the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the City; authorizing the Mayor to execute an agreement with Southlake Land Holdings, L.P., a Texas limited partnership, by Southlake Land Holdings GP, L.L.C., a Texas limited liability company, its general partner for such purposes: and providing an effective date. A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 6, 2007 Page 3 of 7 Agenda Item No. 9A. Consider final design alternatives for the City of Southlake logo. Director Last presented this item during the work session. Director Last introduced and thanked the consultant Michael Thurman from Torch Creative. Mr. Thurman thanked Council for the opportunity to work on this project and for their participation throughout the process. Agenda Item No. 9B. Consider SP07-232, Variance to Sign Ordinance No. 704-C for Petsmart, located at 200 Village Center Drive. The applicant requested to table this item to the November 20, 2007, City Council meeting. Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; 4H to withdraw by the applicant; 4I to withdraw by the applicant; 4J to table to the November 20, 2007, City Council meeting; 4K to table and to continue the public hearing to the November 20, 2007, City Council meeting; 7D; 8A; 9A; and 9B to table to the November 20, 2007, City Council meeting. Motion: Terrell Second: Muzyka Ayes: Hill, Morris, Muzyka, Stansell, Terrell Nays: None Approved: 5-0 REGULAR AGENDA Agenda Item No. 5. Public Forum. No one spoke during the public hearing. Councilmember Jones arrived at 7:27 p.m. Agenda Item No. 6A. Resolution No. 07-048, Approve the 2007 City of Southlake Sidewalk Plan, an element of the City of Southlake Comprehensive Master Plan, the Southlake 2025 Plan. Director Baker and Director Price presented this item to Council. 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, ADOPTING THE SIDEWALK PLAN AS AN ELEMENT OF THE SOUTHLAKE 2025 PLAN, THE CITY’S COMPREHENSIVE MASTER PLAN AND TO INCLUDE A PERIODIC REVIEW AND ADOPTION OF ANY AMENDMENTS AS PRESCRIBED IN THE CHARTER OF THE CITY OF SOUTHLAKE, TEXAS. Council discussed this request. No one spoke during the public hearing. Motion was made to approve Resolution No. 07-048, Approve the 2007 City of Southlake Sidewalk Plan, an element of the City of Southlake Comprehensive Master Plan, the Southlake 2025 Plan as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 6, 2007 Page 4 of 7 Nays: None Approved: 6-0 st Agenda Item No. 6B. Ordinance No. 919, 1 Reading, Providing for the taxation of goods-in- transit exempt under section 11.253 of the tax code; providing a repealer clause; providing a severability clause; and declaring an emergency. Director Jackson presented this item to Council. No one spoke during the public hearing. st Motion was made to approve Ordinance No. 919, 1 Reading, Providing for the taxation of goods-in-transit exempt under section 11.253 of the tax code; providing a repealer clause; providing a severability clause; and declaring an emergency. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell Nays: None Approved: 6-0 st Agenda Item No. 7A. Ordinance No. 480-535, 1 Reading (ZA07-108), Zoning Change and Concept Plan/Site Plan for Calloway’s Nursery on property being legally described as Lots 12 - 14, O.W. Knight No. 899 Addition located at 100 Parkwood Drive, 200 Parkwood Drive, and 300 Parkwood Drive. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #9w. Deputy Director Killough presented this item to Council. Applicant John Cosby, 1134 Mistletoe Drive, Fort Worth, Texas, made a presentation and answered Council’s questions. Council discussed this request with the applicant. st Motion was made to approve Ordinance No. 480-535, 1 Reading (ZA07-108), Zoning Change and Concept Plan/Site Plan for Calloway’s Nursery on property being legally described as Lots 12 - 14, O.W. Knight No. 899 Addition located at 100 Parkwood Drive, 200 Parkwood Drive, and 300 Parkwood Drive, subject to the representations made by the applicant this evening; noting that the stone on the building and on the columns on the fence will be similar to what is shown in the photo; subject to the recommendations of the Planning and Zoning Commission; noting applicant’s agreement that the area shown on the southern end of the property will have no storage, no earthwork, no tree removal and will only be passive uses; accepting applicant’s agreement to review the burying of utilities along the FM1709 frontage by the second reading; accepting applicant’s agreement to look at and provide the screening shrubs underneath the trees along Parkwood Drive with a side elevation of both that landscaping as well as the landscaping along FM1709; accepting applicant’s agreement to provide options for the pergola posts; requiring applicant to provide colored sketches of the storage area showing the loading/unloading area and the sidewalk; applicant has indicated the front area will be for decorations and will not have sale items; specifically granting the variance for driveway spacing; applicant to review the west area to determine if some red cedars could be saved; and subject to Site Plan Review Summary No. 2, dated October 12, 2007. Motion: Terrell Second: Jones UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 6, 2007 Page 5 of 7 Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell Nays: None Approved: 6-0 Mayor Pro Tem Morris called for a break at 9:16 p.m. and reconvened the meeting at 9:34 p.m. Councilmember Hill left the meeting at 9:34 p.m. st Agenda Item No. 7B. Ordinance No. 480-471a, 1 Reading (ZA07-138), Zoning Change and Site Plan for Commerce Business Park on property being legally described as Lots 2 and 3, Block A, Commerce Business Park located at 275 Commerce Street and 325 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. Deputy Director Killough presented this item to Council. Applicant Scott Ratliff, 7655 Arcadia Trail, Fort Worth, Texas, made a presentation and answered Council’s questions. Council discussed this request. st Motion was made to approve Ordinance No. 480-471a, 1 Reading (ZA07-138), Zoning Change and Site Plan for Commerce Business Park on property being legally described as Lots 2 and 3, Block A, Commerce Business Park located at 275 Commerce Street and 325 Commerce Street as presented. Motion: Terrell Second: Jones Ayes: Jones, Morris, Muzyka, Stansell, Terrell Nays: None Approved: 5-0 st Agenda Item No. 7C. Ordinance No. 480-536, 1 Reading (ZA07-139), Zoning Change and Site Plan for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park Addition on property legally described as Lots 1 and 2R, Block 3, Cornerstone Business Park Addition, located at 500 Silicon Drive and 510 Silicon Drive. Current Zoning: O-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. Deputy Director Killough presented this item to Council. Applicant Christopher R. Bonilla of the Bonilla Group, 3204 South Main, Fort Worth, Texas, and property owner Michael Ferguson made a presentation and answered Council’s questions. Council discussed this request. st Motion was made to approve Ordinance No. 480-536, 1 Reading (ZA07-139), Zoning Change and Site Plan for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park Addition on property legally described as Lots 1 and 2R, Block 3, Cornerstone Business Park Addition, located at 500 Silicon Drive and 510 Silicon Drive dropping the parking space as discussed; requiring applicant to come back with revised landscaping with side views; specifically granting the driveway stacking variance; noting the applicant will review alternatives to moving the buildings forward and the parking back behind; subject to the recommendations of the Planning and Zoning Commission; and subject to Site Plan Review Summary No. 4, dated October 12, 2007. Motion: Terrell Second: Muzyka UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 6, 2007 Page 6 of 7 Ayes: Jones, Morris, Muzyka, Stansell, Terrell Nays: None Approved: 5-0 Agenda Item No. 9C. Consider SP07-339, Variance to Sign Ordinance No. 704-C for Ravi Doctor, D.D.S., located at 261 East Southlake Boulevard, Suite 100. Director Baker presented this item to Council. Applicant John Pichler, 805 Shadow Glen Drive, Southlake, Texas, answered Council’s questions. Motion was made to approve SP07-339, Variance to Sign Ordinance No. 704-C for Ravi Doctor, D.D.S., as presented. Motion: Terrell Second: Jones Ayes: Jones, Morris, Muzyka, Stansell, Terrell Nays: None Approved: 5-0 Agenda Item No. 9D. Consider SP07-347, Variance to the Southlake Town Square, Block 22, Master Sign Plan for Which Wich, located at 1516 East Southlake Boulevard. Director Baker presented this item to Council. Applicant T.J. Schire, President of Smart Restaurant Group, 4100 Remington Park Court, Flower Mound, Texas, and applicant Mark Flores made a presentation and answered Council’s questions. Council discussed this request. After discussion, the applicants asked to table this item to the next meeting. Motion was made to table SP07-347, Variance to the Southlake Town Square, Block 22, Master Sign Plan for Which Wich, to the November 20, 2007, City Council meeting. Motion: Terrell Second: Jones Ayes: Jones, Morris, Muzyka, Stansell, Terrell Nays: None Approved: 5-0 (to table) Agenda Item No. 11. Adjournment. Mayor Pro Tem Morris adjourned the meeting at 10:44 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ Andy Wambsganss Mayor ATTEST: ______________________________ Lori Payne City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 6, 2007 Page 7 of 7