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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 5, 2006 LOCATION 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris and Deputy Mayor Pro Tern John Terrell; and Councilmembers Laura K. Hill, Gregory Jones (left meeting at 7:05 p.m.), and 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 Technical Services Gary Gregg, Audio Information Systems Technician Sam Cobb, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant Finance Director Sharon Guess, Assistant Finance Director Sean Leonard, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough, Chief of Police Services Wade Goolsby, Director of Public Works Bob Price, Deputy Director of Public Works Gordon Mayer, Construction Manager Clayton Redinger, Assistant to the Public Works Director Cristina McMurray, Library Administrator Kerry McGeath, 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 5:11 p.m. Agenda Item No. 2. Discussion of the creation of a storm water utility district. City Manager Yelverton introduced this item. Director Price presented this item to Council. City Manager Yelverton, Director Price, and consultant Diane Palmer of Palmer- Price, Inc., answered Council's questions. Agenda Item No. 3. Discussion of all items on tonight's meeting agenda. City Council reviewed the agenda items with city staff and applicants. The work session was closed by Mayor Wambsganss at 6:24 p.m. REGULAR SESSION Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:24 p.m. Mayor Wambsganss announced Council would do items 3 and 4A2 prior to going into executive session and then continue with the remainder of the agenda after executive session. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page I of 15 Agenda Item No. 3. Invocation The invocation was given by Tom Pennington from Countryside Bible Church. Mayor Wambsganss led the audience in the pledge of allegiance. Agenda Item No. 4A2. Proclamation for Southlake Baseball Association Green Dragons — USSSA 9 and Under World Series Champions. Mayor Wambsganss presented this proclamation to the coaches and players of the team. 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; Section 551.073, deliberation regarding prospective gift or donation; Section 551.074, deliberation regarding personnel matter; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:32 p.m. Executive Session began at 6:50 p.m. and ended at 7:40 p.m. Councilmember Jones had to leave the meeting during the executive session. Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:48 p.m. and asked if any motion was necessary from Executive Session. No action was necessary. Agenda Item No. 4A. Mayor's Report No report was given. Agenda Item No. 4AL Proclamation for Polycystic Kidney Disease Awareness Month. Mayor Wambsganss presented this proclamation to resident, Jamie Cadiz, who recently received a kidney transplant. Mayor Pro Tem Morris announced the upcoming PKD Walk on September 16. Agenda Item No. 4B 1. 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. 5A. Approve the minutes from the August 15, 2006, regular City Council meeting, the August 22, 2006, City Council budget work session; the August 24, 2006, City Council joint meeting with the Crime Control and Prevention District; and the August 24, 2006, City Council joint meeting with the Planning and Zoning Commission. A presentation was not made on this item. Agenda Item No. 5B. Excuse members of the City Council and of the Planning and Zoning Commission for absences from meetings. Councilmember Stansell was absent from the August 15, 2006 City Council Meeting and Chairman Al Morin was absent from the August 17, 2006 Planning and Zoning Commission meeting. Agenda Item No. 5C. Resolution No. 06 -057, Appoint members to the Crime Control and Prevention District Board. Council discussed appointing Bob Mundlin, Biff McGuire, and Craig UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 2 of 15 Sturtevant to the Crime Control and Prevention District Board. 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, APPOINTING PERSONS TO SERVE AS THE BOARD OF DIRECTORS FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 5D. Approve Southlake Parks Development Corporation Matching Funds for Safety Town architectural design. A presentation was not made on this item. Agenda Item No. 5E. Approve an interlocal agreement with the City of North Richland Hills for animal impoundment services. Chief Goolsby presented this item to Council during the work session. Agenda Item No. 5F. Ordinance No. 530 -B, 1 st Reading, Amending Chapter 4, Section 1, regarding "Control and Care" and Section 2 "Procedures, Fees, Length of Stay, Redemption and Disposal Policies" of the Southlake City Code regarding animals. Chief Goolsby presented this item to Council during the work session. Agenda Item No. 5G. Ordinance No. 897, 1 st Reading, Amending Chapter 18, Section 18 -79 of the Southlake City Code establishing a new speed limit on a portion of North Carroll Avenue and on two portions of Kimball Avenue. This item was tabled to the September 19, 2006 City Council meeting. Agenda Item No. 5H. Authorize staff to publish the maximum allowable storm water utility fee and establishing ordinance in the city's newspaper of record, in anticipation of public hearings to be held in October 2006. City Manager Yelverton and Director Price presented this item to Council during the work session. Agenda Item No. 5I. Resolution No. 06 -053, Limiting the he requirement to adopt library operating policies by resolution. A presentation was not made on this item. 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, LIMITING THE REQUIREMENT TO ADOPT LIBRARY OPERATING POLICIES BY RESOLUTION; PROVIDING AN EFFECTIVE DATE. Agenda Item No. 5J. Consider SP06 -357, Variance to Sign Ordinance No. 704 -B for Dry Clean Super Center located at 1957 West Southlake Boulevard, Suite 100. Applicant Sid Hollingsworth answered Council's questions during the work session. Agenda Item No. 5K. Ordinance No. 480 -NMIM, 1 st Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to requirements in the Concept Plan, Development Plan, Site Plan, and Accessory Use sections. A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 3 of 15 Agenda Item No. 5L. Ordinance No. 480 -NNN, 1s Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, including sidewalk requirements and minimum lot size standards for open space lots in residential zoning districts. A presentation was not made on this item. Agenda Item No. 5M. Ordinance No. 483 -K, 1s Reading, Amendments to the Subdivision Ordinance No. 483, as amended, including sidewalk requirements. A presentation was not made on this item. Agenda Item No. 5N. Ordinance No. 480 -LLL, 2nd 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 by staff until the September 19, 2006, regular City Council meeting. Agenda Item No. 50. Ordinance No. 480 -480, 2nd Reading_(ZA05 -068), Zoning Change and Concept Plan for Southlake Crossroads (f.k.a. Carroll Crossroads) on property described as being a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899, located at the southwest corner of East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #9e. The applicant requested to table this item until the September 19, 2006, regular City Council meeting. Agenda Item No. 5P. ZA05 -173, Preliminary Plat for Tracts 4G, 4131, and 4E1, O.W. Knight Survey, Abstract No. 899. The property is approximately 19.3 acres located approximately 340 feet west of the southwest corner of South Carroll Avenue and East Southlake Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #9e. The applicant requested to table this item until the September 19, 2006, regular City Council meeting. Motion was made to approve consent agenda items 5A as presented; 5B to excuse the absences of Councilmember Stansell from the August 15, 2006, City Council meeting and Chairman Al Morin from the August 17, 2006, Planning and Zoning Commission meeting; 5C to appoint Bob Mundlin, Biff McGuire, and Craig Sturtevant to the Crime Control and Prevention District board; 513; 5E; 5F; 5G to table to the September 19, 2006, City Council meeting; 5H to publish the maximum allowable rate of $8.50 for residential and the rate for commercial uses as presented; 5I; 5J to approve the applicant's proposed sign type that is similar to that of The Container Store; 5K; 5L; 5M; 5N to table to the September 19, 2006, City Council meeting; 50 to table to the September 19, 2006, City Council meeting; and 5P to table to the September 19, 2006, City Council meeting. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 4 of 15 REGULAR AGENDA: Agenda Item No. 6. Public Forum No one spoke. Agenda Item No. 7A. Consider placing a proposal to adopt a tax rate increase and hold a public hearing on the tax rate on the agenda of the September 19, 2006, regular City Council meeting_ Director Jackson presented this item to Council. No one spoke during the public hearing. Motion was made to approve placing a proposal to adopt a tax rate increase and hold a public hearing on the tax rate on the agenda of the September 19, 2006, regular City Council meeting. Motion: Terrell Second: Muzyka Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7B. Approve the Southlake Crime Control and Prevention District FY 2006 -07 Operating Budget and multi -year CIP. Director Jackson presented this item to Council. No one spoke during the public hearing. Motion was made to approve the Southlake Crime Control and Prevention District FY 2006 -07 Operating Budget and multi -year CIP. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7C. Ordinance No. 898, 1 st Reading, Annual budget for FY 2006 -07 and revised budget figures for FY 2005 -06 and multi -year CIP. Director Jackson presented this item to Council. No one spoke during the public hearing. Motion was made to approve Ordinance No. 898, 1 st Reading, Annual budget for FY 2006 -07 and revised budget figures for FY 2005 -06 and multi -year CIP. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 5 of 15 Agenda Item No. 7D. Ordinance No. 899, 1S Reading, Tax levy ordinance. Mayor Wambsganss presented this item. No one spoke during the public hearing. Motion was made to recommend approval of Ordinance No. 899, 1S Reading, Tax levy ordinance, which formally sets the tax rate at $.462 per $100 and acknowledges that property taxes will be increased by the adoption of a tax rate of .462. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7E. Ordinance No. 480 -481, 2nd 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. Chief Planner Killough presented this item to Council in conjunction with items 7F and 7G. Applicant's representative, Greg Standerfer, also 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 3135, SITUATED IN THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, BEING APPROXIMATELY 1.35 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE 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. Motion was made to approve Ordinance No. 480 -481, 2nd Reading, (ZA05 -146) Zoning Change and Site Plan for Bicentennial Plaza located at 410 West Southlake Boulevard specifically UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 6 of 15 granting the requested variances and subject to Revised Site Plan Review Summary No. 3, dated March 29, 2006. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7F. Approve a reciprocal parking agreement with Bicentennial Retail Plaza, L.P. Chief Planner Killough presented this item to Council in conjunction with items 7E and 7G. Applicant's representative, Greg Standerfer, also made a presentation and answered Council's questions. Motion was made to approve a reciprocal parking agreement with Bicentennial Retail Plaza, L.P., as presented. Motion: Terrell Second: Muzyka Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7G. Consider SP06 -362, Variance to Sign Ordinance No. 704 -B for Bicentennial Plaza located at 410 West Southlake Boulevard. Chief Planner Killough presented this item to Council in conjunction with items 7E and 7F. Applicant's representative, Greg Standerfer, also made a presentation and answered Council's questions. Motion was made to approve SP06 -362, Variance to Sign Ordinance No. 704 -B for Bicentennial Plaza located at 410 West Southlake Boulevard specifically granting the three requested variances but noting that other than the variance on the letter heights, the attached signage will meet all other regulations of the existing sign ordinance; requiring the monument signs to be brought back to City Council for approval; and keeping some uniformity of fonts and colors. Motion: Terrell Second: Stansell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7H. ZA06 -091, Site Plan for Lots 1 and 2, Block 1, Gateway Plaza Addition, located at 2801 and 2821 East State Highway 114. Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council. Applicant, Jason Kasal with the Inland Group, also made a presentation. No one spoke during the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER S, 2006 Page 7 of 15 Motion was made to approve ZA06 -091, Site Plan for Lots 1 and 2, Block 1, Gateway Plaza Addition subject to Site Plan Review Summary No. 3, dated August 30, 2006, granting the requested variances; and noting the entire retaining wall will be constructed of stone. Motion: Terrell Second: Stansell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7I. Resolution No. 06 -054, (CP06 -003), Amendment to the Future Land Use Plan from Low Density Residential to Medium Density Residential for approximately 29 acres located at 515, 545, and 565 Randol Mill Avenue (proposed Camden Park). Chief Planner Killough presented this item in conjunction with items 7J and 7K. Applicant David McMahan of Four Peaks Development, 726 Commerce Street, Southlake, Texas, also 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: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CONSOLIDATED 2005 FUTURE LAND USE PLAN, AN ELEMENT OF THE SOUTHLAKE 2025 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN. No one spoke during the public hearing. Due to the surrounding developments and medium density residential being a more appropriate designation, a motion was made to approve Resolution No. 06 -054, (CP06 -003), amendment to the Future Land Use Plan from Low Density Residential to Medium Density Residential for approximately 29 acres located at 515, 545, and 565 Randol Mill Avenue (proposed Camden Park) as presented. Motion: Terrell Second: Stansell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Auenda Item No. 7J. Ordinance No. 480 -501. 2nd Reading_ (ZA06 -097)_ Zoning Chance and Development Plan for Camden Park located at 515, 545, and 565 Randol Mill Avenue. Current Zoning: AG Auricultural District. Reauested Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood #13. Chief Planner Killough presented this item in conjunction with items 7I and 7K. Applicant David McMahan of Four Peaks Development, 726 Commerce Street, Southlake, Texas, also 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 8 of 15 TRACTS lE & 1D1 AND A PORTION OF TRACTS 1D2 & lEl, SITUATED IN THE B.J. FOSTER SURVEY, ABSTRACT NO. 519, BEING APPROXIMATELY 8.85 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 SEVERABIL,ITY 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. Motion was made to approve Ordinance No. 480 -501, 2 nd Reading, (ZA06 -097), Zoning Change and Development Plan for Camden Park located at 515, 545, and 565 Randol Mill Avenue subject to applicant's agreement to berm and landscape properties on the north and south sides of his development along Randol Mill as indicated on the renderings shown this evening; requiring a wrought iron fence at the end of the street stub; and subject to Development Plan Review Summary No. 3, dated August 30, 2006. Motion: Terrell Second: Stansell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7K. ZA06 -098, Preliminary Plat for Camden Park located at 515, 545, and 565 Randol Mill Avenue. Current Zoning: AG Agricultural District. Proposed Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood 913. Chief Planner Killough presented this item in conjunction with items 7I and 7J. Applicant David McMahan of Four Peaks Development, 726 Commerce Street, Southlake, Texas, also made a presentation and answered Council's questions. Motion was made to approve ZA06 -098, Preliminary Plat for Camden Park located at 515, 545, and 565 Randol Mill Avenue subject to Plat Review Summary No. 3, dated August 30, 2006. Motion: Terrell Second: Stansell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 9 of 15 Agenda Item No. 7L. Ordinance No. 480 -JJJ, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, to address requirements for septic systems. Mayor Wambsganss presented this item. 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 SECTION 33, SUBSECTION 33.14, TO CLARIFY THE METHOD OF CALCULATING THE MINIMUM AREA REQUIRED FOR USE OF A SEPTIC TANK; 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. Motion was made to approve Ordinance No. 480 -JJJ, 2 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, to address requirements for septic systems. Motion: Terrell Second: Stansell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Mayor Wambsganss called for a break at 9:07 p.m. and reconvened the meeting at 9:27 p.m. Auenda Item No. 7M. Resolution No. 06 -034. (ZA06 -079)_ SDecif c Use Permit for the sale of alcoholic beverages at Russ Martin's Bar & Grill located at 621 East Southlake Boulevard, Suite A. Current Zoning: R -PUD Residential Planned Unit Develonment District. SPIN Neighborhood #9e. Chief Planner Killough presented this item to Council. Applicant Don Hedler, 8703 Allenbrook Court, Dallas, Texas, made a brief 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: 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, LOCATED AT 621 E. SOUTHLAKE BOULEVARD, SUITE A, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 3R, BLOCK 60, TIMARRON ADDITION PHASE 5, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "N', AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 10 of 15 Motion was made to approve Resolution No. 06 -034, (ZA06 -079), Specific Use Permit for the sale of alcoholic beverages at Russ Martin's Bar & Grill located at 621 East Southlake Boulevard, Suite A, subject to the terms of the existing lease which expires October 31, 2010. Motion: Stansell Second: Terrell Ayes: Hill, Muzyka, Stansell, Terrell, Wambsganss Nays: Morris Approved: 5 -1 Auenda Item No. 7N. ZA06 -094. Site Plan for Block 22. Southlake Town Sauare_ located at the 1500 block of East Southlake Boulevard between Central Avenue and Summit Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council in conjunction with item 70. Applicant Brian Stebbins also made a presentation and answered Council's questions. No one spoke during the public hearing. Motion was made to approve ZA06 -094, Site Plan for Block 22, Southlake Town Square, located at the 1500 block of East Southlake Boulevard between Central Avenue and Summit Avenue, subject to Revised Site Plan Review Summary No. 2, dated August 17, 2006; granting the requested variances for driveway stacking depths and landscaping island widths; subject to the recommendations of the Planning and Zoning Commission; and accepting the applicant's willingness to plant more trees in the parking lot islands than what is shown. Motion: Stansell Second: Terrell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Auenda Item No. 70. ZA06 -095. Preliminary Plat for Lots 2 — 7. Block 22. Southlake Town Square, located at the 1500 block of East Southlake Boulevard between Central Avenue and Summit Avenue. Current Zoniniz: DT Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council in conjunction with item 7N. Applicant Brian Stebbins also made a presentation and answered Council's questions. Motion was made to approve ZA06 -095, Preliminary Plat for Lots 2 — 7, Block 22, Southlake Town Square, subject to Plat Review Summary No. 2, dated August 11, 2006. Motion: Stansell Second: Terrell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7P. ZA06 -109, Revised Site Plan for Lot 2, Block 4R, Southlake Town Square Addition, on property located at 1460 Main Street. Current Zoning: DT Downtown District. SPIN Neighborhood 98. Chief Planner Killough presented this item to Council. Applicant Ken UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 11 of 15 Gruskin of Gruskin Group also made a presentation to Council. Applicant Brian Stebbins answered Council's questions. Council discussed this request. No one spoke during the public hearing. Motion was made to approve ZA06 -109, Revised Site Plan for Lot 2, Block 4R, Southlake Town Square Addition, on property located at 1460 Main Street, subject to Site Plan Review Summary No. 2, dated August 11, 2006; noting the street tree must stay in its present location; and allowing the awnings as presented but will give them three months after the opening date of the store to bring the awnings back to City Council for final approval. Motion: Terrell Second: Stansell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Auenda Item No. 70. Resolution No. 06 -055. (ZA06 -115) Specific Use Permit for a mass gathering event — Southlake 50 Anniversary Celebration - located at the northeast corner of South Carroll Avenue and East Southlake Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood 98. Mayor Wambsganss presented this item. 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 MASS GATHERING EVENT ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT THE NORTHEAST CORNER OF E. SOUTHLAKE BLVD. AND N. CARROLL AVENUE, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 4892, PLAT RECORDS, TARRANT COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT 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 -055, (ZA06 -115) Specific Use Permit for a mass gathering event for the Southlake 50 Anniversary Celebration. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7R. Resolution No. 06 -056, (ZA06 -116) Specific Use Permit to allow a tent sale at American Backyard located at 200 North Kimball Avenue, Suite 225. Current Zoning: C- 3 General Commercial District. SPIN Neighborhood #8. Chief Planner Killough presented this UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 12 of 15 item to Council. Applicant Dino Lukino also 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: 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 THE SOUTHLAKE CORNERS DEVELOPMENT, BEING LEGALLY DESCRIBED AS LOT 2A, BLOCK 1, FARRAR ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Mayor Pro Tern Morris left the Council Chambers. Motion was made to approve Resolution No. 06 -056, (ZA06 -116) Specific Use Permit to allow a tent sale at American Backyard located at 200 North Kimball Avenue, Suite 225, specifically noting a sign has not been requested nor will one be displayed. Motion: Stansell Second: Terrell Ayes: Muzyka, Stansell, Terrell, Wambsganss Nays: Hill Approved: 4 -1 Mayor Wambsganss called for a break at 11:07 p.m. and reconvened the meeting at 11:23 p.m. Agenda Item No. 8A. Ordinance No. 480 -502, 1 St Reading, (ZA06 -122), Zoning Change and Concept Plan for The Gardens at Stratfort Parc, on a portion of Tract 3A, H. Granberry Survey, Abstract No. 581, located at 425 West Southlake Boulevard. Current Zoning: C -2 Local Retail Commercial District. Requested Zoning: SF -20A Single Family Residential District. SPIN Neighborhood #14. Chief Planner Killough presented this item to Council. Applicant Paul Spain of Terra Land Management and Hat Creek Development, 395 West Northwest Parkway, Suite 300, Southlake, Texas, also made a presentation and answered Council's questions. Motion was made to approve Ordinance No. 480 -502, 1 St Reading, (ZA06 -122), Zoning Change and Concept Plan for The Gardens at Stratfort Parc, subject to Revised Concept Plan Review Summary No. 1, dated August 17, 2006; granting the requested variances; noting the applicant's agreement to bring forward a landscape plan by the second reading of this request; and granting the applicant's request for relief of the street access to the south. Motion: Terrell Second: Muzyka Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 13 of 15 Agenda Item No. 10A. Consider SP06 -384, Variance to the Gateway Plaza Phase II Conditional Sign Permit for Compass Bank located at 2650 East Southlake Boulevard. Chief Planner Killough presented this item to Council. Applicant Mickey Ford of Accent Graphics, 523 East Rock Island, Grand Prairie, Texas, answered Council's questions. Motion was made to deny SP06 -384, variance to the Gateway Plaza Phase II Conditional Sign Permit for Compass Bank located at 2650 East Southlake Boulevard. Motion: Terrell Second: Hill Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Vote: 6 -0 to deny Agenda Item No. IOB. Consider SP06 -385, Variance to Sign Ordinance No. 704 -B for Roxann Taylor & Associates Realtors located at 640 North Carroll Avenue. Chief Planner Killough presented this item to Council. The applicant was present but did not speak. Motion was made to approve SP06 -385, variance to Sign Ordinance No. 704 -B for Roxann Taylor & Associates Realtors located at 640 North Carroll Avenue. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 10C. Consider SP06 -386, Variance to Sign Ordinance No. 704 -B for R.E.B. Photo located at 1101 East Northwest Parkway, Suite 114. Chief Planner Killough presented this item to Council. Applicant Bob Beauvais of R.E.B. Photo answered Council's questions. Motion was made to approve SP06 -386, variance to Sign Ordinance No. 704 -B for R.E.B. Photo located at 1101 East Northwest Parkway, Suite 114, granting the requested variances to letter heights; removing any lettering on the logo which will be shrunk down so that it only includes the dragon and the camera; reducing the logo to fit within the upper and lower borders of what is shown as green - colored background; reducing the maximum area; and clarifying that the requested variance for the minimum letter height of two inches will be eliminated since the lettering around the logo is no longer being requested. Motion: Terrell Second: Muzyka Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 11A. Smoking Ordinance Director Baker presented this item to Council. Councilmember Stansell said he has asked staff to review our current ordinance. Council briefly discussed this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 14 of 15 Agenda Item No. 12. Mayor Wambsganss adjourned the meeting at 12:18 a.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, SEPTEMBER S, 2006 Page 15 of 15