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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: APRIL 4, 2006 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Mayor Pro Tem Keith Shankland, Deputy Mayor Pro Tem Carolyn Morris; and Councilmembers Laura K. Hill (arrived at 6:50 p.m.), Virginia M. Muzyka, and John Terrell (arrived at 6:10 p.m.). CITY COUNCIL ABSENT: Councilmember Gregory Jones. STAFF PRESENT :City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Office Manager/PIO Kim Bush, Manager of Technical 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, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, DPS Analyst/Emergency Management Coordinator Ross Korkmas, Director of Public Works Bob Price, Public Works Operations Manager Chuck Kendrick, Construction Manager Clayton Redinger, City Attorney Tim Sralla, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:05 p.m. City Council reviewed the agenda items with city staff and applicants. The following items were added to the consent agenda: 7G and 8A to table at the applicant’s request to the April 18, 2006, City Council meeting; 8C; 10A to withdraw; 10B; and 10C. The work session ended at 6:09 p.m. 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 city attorney, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:10 p.m. Executive Session began at 6:42 p.m. and ended at 7:00 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:08 p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session. No action was necessary. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006 Page 1 of 9 Agenda Item No. 3. Invocation. The invocation was given by Leon Wambsganss, Chair of the Mayor’s Advisory Committee. Mayor Wambsganss led the audience in the pledge of allegiance. Agenda Item No. 4A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and events. Deputy Mayor Pro Tem Morris encouraged everyone to tour the Liberty Garden at Bicentennial Park. Agenda Item No. 4B. City Manager’s Report. City Manager Yelverton announced the SPIN forum bond election presentation by County Commissioner Glen Whitley being held on April 13 in Town Hall at 7:00 p.m. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 5A. Approve the minutes for the March 21, 2006, regular City Council meeting. A presentation was not made on this item. Agenda Item No. 5B. Consider excusing members of the Planning and Zoning Commission for absences from meetings. Commissioner Michael Springer was absent from the March 23, 2006, Planning and Zoning Commission meeting. st Agenda Item No. 5C. Ordinance No. 894, 1 Reading, to cancel the May 13, 2006, General Election and to declare each unopposed candidate elected to office; and providing an effective date. A presentation was not made on this item. nd Agenda Item No. 5D. Ordinance No. 585-C, 2 Reading, Tree Preservation Ordinance and Technical Manual. This item is tabled to the April 18, 2006, regular City Council meeting. st Agenda Item No. 5E. Ordinance No. 480-451, 1 Reading (ZA04-101), Zoning Change for Tracts 1A1A2 and 1A1A2D, B.J. Foster Survey, Abstract No. 519, located on the north side of Gifford Court, approximately 300 feet east of Randol Mill Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #12. This item was withdrawn by the applicant. st Agenda Item No. 5F. Ordinance No. 480-485, 1 Reading (ZA06-025), Zoning Change for 400 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #14. Director Baker presented this item to Council during the work session. st Agenda Item No. 5G. Ordinance No. 480-486, 1 Reading (ZA06-034), Zoning Change for 2787 Ridgecrest Drive. Current Zoning: AG Agricultural District. Requested Zoning: RE Single Family Residential Estate District. SPIN Neighborhood #3. Director Baker presented this item to Council during the work session. Agenda Item No. 5H. ZA05-165, Plat Revision for a portion of Lot 1, Block 1, Arnold Estates, located at 520 West Highland Street. Current Zoning: RE Single Family Residential Estate UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006 Page 2 of 9 District. Proposed Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #11. The applicant requested to remand this plat revision back to the Planning and Zoning Commission. Agenda Item No. 5I. ZA06-016, Plat Showing for proposed Lots 14 and 15, J.J. Freshour No. 521 Addition; being Tracts 3D1, 3D2, and 3D2A, situated in the J.J. Freshour Survey, Abstract No. 521, and being approximately 5 acres, located at 2775 Florence Road. Current Zoning: SF- 1A Single Family Residential District. SPIN Neighborhood #15. Director Baker presented this item to Council during the work session. Applicant Lynn Wesley, 1224 Crossbridge Lane, Keller, Texas, presented this item to Council and answered their questions. Agenda Item No. 5J. Award of bid to American Landscape Systems for landscape maintenance of Town Square and "Central Park" in the amount of $73,050. A presentation was not made on this item. Agenda Item No. 5K. Endorse the Southlake Stampede public art exhibit as part of Southlake's 50th Anniversary Celebration. Deputy Director of Community Services Tribble introduced Mary Georgia who presented this item to Council during the work session. Agenda Item No. 5L. Authorize the Mayor to execute a Residential Developer’s Agreement for the Reserve at Southlake, a 24-lot addition, located on the west side of Sunshine Lane, approximately 300 feet north of East Highland Street. A presentation was not made on this item. Agenda Item No. 5M. Approve the Comprehensive Annual Financial Report for the period ending September 30, 2005. Shawn Parker from Weaver and Tidwell presented this item to Council during the work session. Agenda Item No. 7G. ZA05-146, Site Plan for Bicentennial Plaza located at 410 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. SPIN Neighborhood #10. The applicant requested to table this item to the April 18, 2006, City Council meeting. st Agenda Item No. 8A. Ordinance No. 480-481, 1 Reading (ZA05-146), Zoning Change and Site Plan for Bicentennial Plaza located at 410 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #10. The applicant requested to table this item to the April 18, 2006, City Council meeting. st Agenda Item No. 8C. Ordinance No. 889-A, 1 Reading, Amending Ordinance No. 889 amending Fiscal Year 2005-06 Annual Budget. Director Jackson presented this item to Council during the work session. Agenda Item No. 10A. Consider SP06-192, Variance to the Conditional Sign Permit for Southlake Town Square Grand Avenue District for Brio Tuscan Grille, located at 1431 Plaza Place. Director Baker explained during the work session that the scope of this request has changed, and the applicant has requested to withdraw this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006 Page 3 of 9 Agenda Item No. 10B. Consider SP06-146, Amendment and variance to the Conditional Sign Permit for Southlake Town Square Grand Avenue District for Merrill Lynch located at 286 Grand Avenue. Director Baker presented this item to Council during the work session. Applicant Brian Stebbins answered Council’s questions. Agenda Item No. 10C. Consider SP06-182, Variance to Sign Ordinance No. 704-B for The Customer Center of Texas located at 2704 East Southlake Boulevard, Suite 102. Director Baker presented this item to Council during the work session. Applicant Elene Sang, 5505 Colleyville Boulevard, Colleyville, Texas answered Council’s questions. Motion was made to approve consent agenda items 5A; 5B; 5C; 5D to table to the April 18, 2006, City Council meeting; 5E to withdraw at the applicant’s request; 5F; 5G; 5H to remand to the Planning and Zoning Commission; 5I; 5J; 5K; 5L; 5M; 7G and 8A to table at the applicant’s request to the April 18, 2006, City Council meeting; 8C; 10A to withdraw; 10B; and 10C as requested but limiting the sign to a three month time period. Motion: Shankland Second: Terrell Ayes: Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No. 6. Public Forum. No one spoke. nd Agenda Item No. 7A. Ordinance No. 717-E, 2 Reading, amending Chapter 18, Section 18-79 of the Southlake Code of Ordinances, designating the speed limit within the Southlake Woods subdivision as 25 mph. Mayor Wambsganss presented this item to Council. Director Price 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. 717, 717-B, 717-C, 717-D, 781 AND CHAPTER 18, “TRAFFIC AND VEHICLES”, OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED BY: DESIGNATING THE SPEED LIMIT WITHIN THE SOUTHLAKE WOODS SUBDIVISION AS 25 MILES PER HOUR; DIRECTING THE DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS; 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. 717-E, 2 Reading, amending Chapter 18, Section 18-79 of the Southlake Code of Ordinances, designating the speed limit within the Southlake Woods subdivision as 25 mph. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006 Page 4 of 9 Motion: Shankland Second: Terrell Ayes: Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 7B. Ordinance No. 480-483, 2 Reading (ZA06-008), Zoning Change and Concept Plan for Patterson’s Pond, Phase II, being Tracts 5A3A and 5A3A1, Samuel Freeman Survey, Abstract No. 525, located at 701 North Kimball Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #6. Chief Planner Killough 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 TRACTS 5A3A & 5A3A1, SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, AND BEING APPROXIMATELY 4.75 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-20A” 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. 480-483, 2 Reading (ZA06-008), Zoning Change and Concept Plan for Patterson’s Pond, Phase II, subject to the recommendations of the Planning and Zoning Commission and subject to Concept Plan Review Summary No. 2, dated February 17, 2006. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7C. ZA06-009, Preliminary Plat for Patterson’s Pond, Phase II, being Tracts 5A3A and 5A3A1, Samuel Freeman Survey, Abstract No. 525 and Lot 10, Block 1, Patterson’s UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006 Page 5 of 9 Pond, located at 701 North Kimball Avenue. Current Zoning: AG Agricultural District and SF- 20A Single Family Residential District. Proposed Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #6. Mayor Wambsganss presented this item to Council. Motion was made to approve ZA06-009, Preliminary Plat for Patterson’s Pond, Phase II, subject to Plat Review Summary No. 2, dated February 17, 2006. Motion: Terrell Second: Muzyka Ayes: Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 7D. Ordinance No. 480-HHH, 2 Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Planned Unit Development districts and plan requirements with certain zoning districts. 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; AMENDING SECTIONS 11, 29, AND 41 AS THEY PERTAIN TO CONCEPT PLAN REQUIREMENTS; AMENDING SECTION 30 AS IT PERTAINS TO RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS; 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 PAMPHLET FORM; 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-HHH, 2 Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Planned Unit Development districts and plan requirements with certain zoning districts, as presented. Motion: Terrell Second: Shankland Ayes: Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7E. Resolution No. 06-017, (ZA06-024), Specific Use Permit for the sale of alcoholic beverages at Taco Diner located at 432 Grand Avenue West. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. Applicant Todd Blankenship, M Crowd Restaurant Group, answered Council’s questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006 Page 6 of 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING 432 GRAND AVENUE WEST, BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 2A5, SITUATED IN THE R. EADS SURVEY, ABSTRACT NO. 481, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED DEVELOPMENT 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. 06-017, (ZA06-024), Specific Use Permit for the sale of alcoholic beverages at Taco Diner for the term of the lease which is 10 years. Motion: Terrell Second: Muzyka Ayes: Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7F. Resolution No. 06-018, (ZA06-015), Specific Use Permit for a tent sale at Anderson’s Furniture located at 2140 East Southlake Boulevard in the Village Center parking lot. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. Applicant Patty Naughs, 2140 Southlake Boulevard, Southlake, Texas, 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 A TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2140 E. SOUTHLAKE BOULEVARD, SUITE R, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, VILLAGE CENTER, PHASE 1, 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. No one spoke during the public hearing. Motion was made to approve Resolution No. 06-018, (ZA06-015), Specific Use Permit for a tent sale at Anderson’s Furniture for a period of 10 days. Motion: Shankland Second: Terrell Ayes: Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: Hill Approved: 5-1 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006 Page 7 of 9 st Agenda Item No. 8B. Ordinance No. 480-482, 1 Reading (ZA05-169), Zoning Change and Development Plan for Johnson Place located at 2440 Johnson Road and 430 Randol Mill Avenue. Current Zoning: AG Agricultural District and SF-1A Single Family Residential District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council. Applicant Curtis Young with Sage Group, 8003 Jefferson Circle, Colleyville, Texas, presented this item to Council and addressed specific questions. Mayor Wambsganss allowed the public to speak. John Geist, 2405 Hillside Court, Southlake, Texas, spoke in opposition to this item. st Motion was made to approve Ordinance No. 480-482, 1 Reading (ZA05-169), Zoning Change nd and Development Plan for Johnson Place, noting the applicant will come back on 2 Reading with a reduction of a minimum of five lots and will provide specific fence design standards; subject to Development Plan Review Summary No. 3, dated March 3, 2006; and noting that while this plan is non-compliant with our low density Land Use Plan designation, it follows the general idea of what Council wants on this site due to the open space, the reduction of lots, and the overall plan. Motion: Terrell Second: Muzyka Ayes: Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: Hill Approved: 5-1 In addition to the comments above, the Mayor said there is a substantial run-off issue in this area being addressed by the water features and the retention areas included on this plan Agenda Item No. 11A. Performing Arts Center. Van Jones presented this item and had a general discussion with Council. Some of the general thoughts were that this is a community-based project and that it would be helpful to research the history of other community art centers. Mr. Jones asked that anyone interested in volunteering on this project contact him at vjones@vanjones.com or contact the City Secretary’s Office for his phone number. Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 9:08 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006 Page 8 of 9 ______________________________ Andy Wambsganss Mayor ATTEST: ______________________________ Lori A. Farwell, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006 Page 9 of 9