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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: MAY 2, 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, Gregory Jones, and John Terrell (arrived at 5:23 p.m.). CITY COUNCIL ABSENT: Councilmember Virginia M. Muzyka. 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, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough, Chief Building Official Paul Ward, Building Inspections Supervisor Eddie Wilson, Plans Examiner Chuck Bloomberg, Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn, Fire Marshal David Barnes, Chief of Police Services Wade Goolsby, Director of Public Works Bob Price, Civil Engineer Cheryl Taylor, City Attorney Tim Sralla, Deputy City Secretary Tara Brooks, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:12 p.m. City Council reviewed the agenda items with city staff and applicants. The work session ended at 5:40 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:40 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 5:40 p.m. Executive Session began at 5:56 p.m. and ended at 6:17 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:28 p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session. No action was necessary. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 2, 2006 Page 1 of 8 Agenda Item No. 3. Invocation. The invocation was given by Coy Quesenbury from Lonesome Dove Baptist Church. Mayor Wambsganss led the audience in the pledge of allegiance. Agenda Item No. 4A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and events. Item 4A1 was moved after item 4C. Agenda Item No. 4A2. Proclamation for Building Safety Week. Mayor Wambsganss presented the proclamation to Chief Building Official Ward and Fire Marshal Barnes. Agenda Item No. 4A3. Greater Fort Worth Builder’s Association Spotlight Award. Kosse Maykus and Meredith Martin of the Greater Fort Worth Builder’s Association presented the Spotlight Award to the City of Southlake. Agenda Item No. 4A4. Building Officials Association of Texas Award of Excellence. Jim Olk of the Building Officials Association of Texas presented the Award of Excellence to the Building Services Department. Agenda Item No. 4B. City Manager’s Report. There was no report given. Agenda Item No. 4C. Parks and Recreation Board Report. Boardmember Ken Goodman announced upcoming meeting and events. Agenda Item No. 4A1. Recognition of outgoing Mayor Pro Tem, Keith Shankland. Mayor Wambsganss and Councilmembers recognized Mayor Pro Tem Shankland and invited everyone to the foyer for cake and punch to celebrate his service to the City. Mayor Wambsganss called for a break at 6:43 p.m. and reconvened the meeting at 7:09 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 April 18, 2006, regular City Council meeting. A presentation was not made on this item. Agenda Item No. 5B. Consider excusing members of the City Council and Planning and Zoning Commission for absences from meetings. Mayor Wambsganss was absent from the April 18, 2006, City Council meeting. Brandon Bledsoe was absent from the April 20, 2006, Planning and Zoning Commission meeting. Agenda Item No. 5C. Approve Southlake Sidewalk Sale application, allowing for a Citywide sidewalk sale on Saturday, June 10, 2006. A presentation was not made on this item. Agenda Item No. 5D. Authorize the purchase of 65 personal computers, memory, and 55 LCD monitors from Hewlett Packard Computers via the State of Texas DIR-PC Contract (DIR-VPC- 03-006) in the amount of $68,945. A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 2, 2006 Page 2 of 8 Agenda Item No. 5E. Resolution No. 06-020, Grant approval to the Tarrant County Housing Finance Corporation for the use of the proceeds of its series 2006 single family mortgage revenue bonds to finance home mortgages for single family homes located within the City. A presentation was not made on this item. Agenda Item No. 5F. Authorize a Street Lighting Service Agreement with TXU Electric Delivery Service. A presentation was not made on this item. Agenda Item No. 5G. Variance to the Subdivision Ordinance No. 483, Section 4.01I, as amended, regarding plat expiration and extending the validity of Case ZA03-070, Preliminary Plat for Mustang Business Park on property located on the northeast corner of Brumlow Avenue and State Highway 26. Current Zoning: I-1 Light Industrial District and I-2 Heavy Industrial District. SPIN Neighborhood #7. Director Baker presented this item to Council, in conjunction with item 5H, during the work session. Applicant Martin Schelling, 601 Wall Street, Grapevine, Texas, answered Council’s questions. Agenda Item No. 5H. Variance to the Subdivision Ordinance No. 483, Section 4.01I, as amended, regarding plat expiration and extending the validity of Case ZA04-108, Final Plat for Lot 1, Block A, Mustang Business Park, located at the southwest corner of Mustang Drive and Southwestern. Current Zoning: I-1 Light Industrial District. SPIN Neighborhood #7. Director Baker presented this item to Council, in conjunction with item 5I, during the work session. Applicant, Martin Schelling, 601 Wall Street, Grapevine, Texas, answered Council’s questions. Agenda Item No. 5I. ZA06-043, Plat Revision for proposed Lots 19R through 21R, Block 1, Estes Park Phase I; being a revision of Lots 19, 20, and 21, Block 1, Estes Park Phase I, located at the southwest corner of Boulder Drive and Castle Rock Drive. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. A presentation was not made on this item. Agenda Item No. 5J. Consider SP06-235, Variance to the Conditional Sign Permit for Southlake Town Square Grand Avenue District for Fossil, located at 324 Grand Avenue West. Director Baker presented this item to the Council during the work session. Applicant Frank Bliss, 1008 Quail Run, Southlake, Texas, answered Council’s questions. After discussion of this item during the work session, the applicant withdrew the request. Agenda Item No. 5K. Consider SP06-248, Variance to the Conditional Sign Permit for Southlake Town Square Grand Avenue District for Harkins Theatres, located at 1450 Plaza Place. Director Baker presented this item to Council during the work session. Applicant Frank Bliss, 1008 Quail Run, Southlake, Texas, answered Council’s questions. Agenda Item No. 5L. Resolution No. 06-019, (CP06-001) Land Use Plan Amendment from Low Density Residential to Medium Density Residential for approximately 29.85 acres located at 945 and 985 Randol Mill Avenue and along the north side of Gifford Court for proposed Palomar Estates. This item is tabled to the May 16, 2006, City Council meeting. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 2, 2006 Page 3 of 8 Agenda Item No. 5M. Resolution No. 06-021, (ZA06-056), Specific Use Permit for a telecommunications antenna on property located at 400 North White Chapel Boulevard within the Park’s Department maintenance compound in Bicentennial Park. The City of Southlake Department of Public Safety is requesting to install an AM band transmission antenna of approximately 45 feet in height within the Bicentennial Park maintenance compound for the purpose of broadcasting general and emergency information for the City of Southlake. Current Zoning: CS Community Service District. This item is tabled to the May 16, 2006, City Council meeting. st Agenda Item No. 5N. Ordinance No. 480-487, 1 Reading (ZA05-142) Zoning Change and Development Plan for Continental Greens on property located at 2020 through 2300 West Continental Boulevard. Current Zoning: AG Agricultural District, SF-30 Single Family Residential District, and S-P-1 Detailed Site Plan District. Requested Zoning: TZD Transition Zoning District. SPIN Neighborhood #16. The applicant requested to table this item to the May 16, 2006, City Council meeting. Motion was made to approve consent agenda items 5A; 5B to excuse the absences of Mayor Wambsganss from the April 18, 2006, City Council meeting and Commissioner Bledsoe from the April 20, 2006, Planning and Zoning Commission meeting; 5C; 5D; 5E; 5F; 5G; 5H; 5I; to withdraw Item 5J; 5K; to table Item 5L to the May 16, 2006, City Council meeting; to table Item 5M to the May 16, 2006, City Council meeting; and to table at the applicant’s request Item 5N to the May 16, 2006, City Council meeting. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No. 6. Public Forum. Thomas Drake, 1212 Westmont Drive, Southlake, Texas, expressed concerns regarding the Shops of Southlake development. Rita Mills, 1528 Main Street, Southlake, Texas, expressed concerns regarding the proposed Summit Park location for the log cabin. nd Agenda Item No. 7A. Ordinance No. 480-482, 2 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 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: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 2, 2006 Page 4 of 8 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, 6B, 6D, 8, 8A, 8A2A, AND 8A2B, SITUATED IN THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 521 AND LOT 1, BLOCK 1, JOHNSON PLACE ADDITION, BEING APPROXIMATELY 43.40 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “SF-1A” SINGLE FAMILY RESIDENTIAL 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 FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. John Geist, 2405 Hillside Court, Southlake, Texas, spoke in favor. Dave Ewan, 2305 Hillside Court, Southlake, Texas, spoke in opposition. Vole Smart, 2501 Hillside Court, Southlake, Texas, did not speak but registered his support. Mayor Wambsganss closed the public hearing. Based on the fact the applicant has met the intent of Council’s previous comments and concerns, nd a motion was made to approve Ordinance No. 480-482, 2 Reading (ZA05-169), Zoning Change and Development Plan for Johnson Place providing that the fencing fronting any green belt or right-of-way be of wrought iron; requiring landscaping within the gapped, open areas in the bufferyard along the north property line (Lot 16, 17 and 18) to be: 30 gallon shrubs planted on a 6’ center (type and size similar to a Wax Myrtle, Nellie R. Stevens, or Burford Holly) and 4-inch caliper trees in any area with a 25’ gap; and subject to Development Plan Review Summary No. 4, dated April 26, 2006, approving the streets as proposed by the applicant. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 2, 2006 Page 5 of 8 Agenda Item No. 7B. ZA05-146, Site Plan for Bicentennial Plaza located at 410 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. SPIN Neighborhood #10. Chief Planner Killough presented this item to Council. Applicant’s representative, Kirk Williams, 5400 Renaissance Tower, Dallas, Texas, made a presentation and answered Council’s questions. Mr. Williams asked to table Item 8A to the June 6, 2006, City Council meeting. No one spoke during the public hearing. Motion was made to approve ZA05-146, Site Plan for Bicentennial Plaza subject to Revised Site Plan Review Summary No. 4, dated April 26, 2006; granting the variance for driveway spacing; noting the approval is subject to the property being parked to code with a maximum of 49 spaces and any spaces that are removed will be replaced with pervious coverage; and not approving any signage or location of signage at this time. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 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 June 6, 2006, City Council meeting. There was no discussion on this item. st Motion was made at the applicant’s request to table Ordinance No. 480-481, 1 Reading (ZA05- 146), Zoning Change and Site Plan for Bicentennial Plaza to the June 6, 2006, City Council meeting. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Mayor Wambsganss called for a break at 8:42 p.m. and reconvened the meeting at 8:59 p.m. st Agenda Item No. 8B. Ordinance No. 480-488, 1 Reading (ZA05-167), Zoning Change and Concept Plan / Site Plan for Town Lake Crossing, located at the northwest corner of West Southlake Boulevard and Randol Mill Avenue. Current Zoning: C-3 General Commercial District and SF-1A Single Family Residential District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council. Director Price discussed the intersection improvements at the corner of West Southlake Boulevard and Davis Boulevard. Applicant Michael Clark with Winkelman and Associates made a presentation to Council and answered their questions. Council discussed this item and addressed their concerns with Mr. Clark. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 2, 2006 Page 6 of 8 st Motion was made to approve Ordinance No. 480-488, 1 Reading (ZA05-167), Zoning Change and Concept Plan / Site Plan for Town Lake Crossing requiring revised drawings of the bank drive-through with better elevations and renderings of the bank with examples of materials and addressing the parking around the bank; requiring the applicant to look at limiting the southern entrance to a right-out only; requiring the applicant to look at a temporary turn lane on Randol Mill; requiring a right-in, right-out drive at the southern end and adding a raised median that will force a right turn out, not allowing a left turn out; requiring unified amenities across the entire development; requiring the evaluation of the detention pond behind Sprout’s to be a retention pond; requiring articulation on the sides of Sprout’s; requiring landscaping on the back side of the Sprout’s; subject to Site Plan Review Summary No. 4, dated April 13, 2006; and subject to the recommendations of the Planning and Zoning Commission. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 st Agenda Item No. 8C. Ordinance No. 480-484, 1 Reading (ZA05-164) Zoning Change for a portion of Lot 1, Block 1, Arnold Estates, located at 520 West Highland Street. Current Zoning: RE Single Family Residential Estate District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #11. Chief Planner Killough presented this item to Council. Applicant Jay Wasserman, 520 Highland Street, Southlake, Texas, answered Council’s questions. Mayor Wambsganss allowed the public to speak. Mayor Wambsganss read the following comment cards into the record: Terry and Meg Walter, 907 Westminster Way, Southlake, Texas, support; Hobert Brown, 1612 Regal Oaks, Southlake, Texas, support; Catherine Coker, 2510 Greenbough Lane, Southlake, Texas, support; Kimberly Bulls, 1501 Coventry Lane, Southlake, Texas, support; Randy and Terri Keene, 525 West Highland Street, Southlake, Texas, support; and, Maureen Cramer, 1505 New Castle Road, Southlake, Texas, support. Tim Railey, 440 West Highland, Southlake, Texas, spoke in opposition. Robert Gray, 1275 Shady Oaks, Southlake, Texas, spoke to Council regarding the easement on this property. st Motion was made to approve Ordinance No. 480-484, 1 Reading (ZA05-164) Zoning Change for a portion of Lot 1, Block 1, Arnold Estates, subject to applicant using pavers that would allow water to penetrate or other permeable materials on the circular portion of the driveway and requiring mitigation of any trees lost resulting from construction on a one-inch to one-inch replacement; moving the southern line of the building envelope northward to a location being approximately 10’ south of the southern face of the existing home as currently shown on the plan UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 2, 2006 Page 7 of 8 and moving the northern building line northward to the existing 40’ building line; noting the applicant’s agreement to use the same materials on the exterior of the barn as is used on the home; subject to Development Plan Review Summary No. 2, dated April 26, 2006; and requiring a minimum lot size of 1.25 acres on both lots. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 10:55 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 2, 2006 Page 8 of 8