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Item 4ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 17, 2006 LOCATION 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and Vernon Stansell. CITY COUNCIL ABSENT Deputy Mayor Pro Tern John Terrell. STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Community Relations Officer Pilar Schank, Manager of Information Services Gary Gregg, Information Systems Technician Sam Cobb, Recreation Superintendent Steve Moore, Director of Economic Development Greg Last, Assistant Director of Finance Sharon Guess, Purchasing Agent Deborah Russell, Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Safety Rick Smith, Director of Public Works Bob Price, Public Works Operations Manager Chuck Kendrick, City Attorney E. Allen Taylor, 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 5:06 p.m. Agenda Item No. 2. Discussion of all items on tonight's meeting agenda. City Council reviewed the agenda items with city staff and applicants. Agenda items 10A and lOD were added to the consent agenda. 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 attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:40 p.m. Executive Session began at 5:40 p.m. and ended at 6:35 p.m. Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 6:42 p.m. and asked if any action was necessary from Executive Session. No motion was necessary. Agenda Item No. 3. Invocation. Coy Quesenbury with Lonesome Dove Baptist Church gave the invocation. Mayor Wambsganss led the Pledge of Allegiance. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 17, 2006 Page I of 14 Agenda Item No. 4A. Mayor's Report Mayor Wambsganss gave a report on upcoming events. He also presented award certificates to local student winners on a recent fire safety poster contest. Agenda Item No. 4B1. City Manager's Report — Sidewalk construction project. City Manager Yelverton gave an update on the City's sidewalk projects. Staff answered Council's questions. Agenda Item No. 4C. School District Report. CISD Superintendent Dr. David Faltys gave a report on the district's events and activities. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Councilmember Jones left the room prior to the vote on the consent agenda items. Agenda Item No. 5A. Approve the minutes from the October 3, 2006, regular City Council meeting. A presentation was not made on this item. Agenda Item No. 5B. Excuse a member of the City Council for an absence from a meeting_ Mayor Wambsganss was absent from the October 3, 2006, City Council meeting. Agenda Item No. 5C. Approve a renewal agreement for professional services with Jim C. Blagg as Assistant City Manager for the City of Southlake and authorize the City Manager to enter into an agreement for this purpose. A presentation was not made on this item. Agenda Item No. 5D. Award of bid to The Christmas Light Company in the amount of $31,755 for holiday lighting at Southlake Town Square. A presentation was not made on this item. Agenda Item No. 5E. Ordinance No. 480 -508, 1 st Reading (ZA06 -117), Zoning Change and Concept Plan for property located at 1611 East Dove Road. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #5. Chief Planner Killough presented this item to Council prior to the reading of the consent agenda. Agenda Item No. 5F. Ordinance No. 480 -422a, 1 St Reading (ZA06 -147), Zoning Change and Site Plan for Westgate Plaza, located at 2300 East State Highway 114. Current Zoning: S -P -1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #6. Chief Planner Killough presented this item to Council prior to the reading of the consent agenda. Applicant Rusty Apprentice with Pate Engineers, 8150 Brook River Drive, Suite S700, Dallas, Texas, answered Council's questions. Agenda Item No. 5G. Ordinance No. 868 -A, 1 St Reading, Amendment to the building code to allow a blanket certificate of occupancy for executive suites (excluding medical uses). A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 17, 2006 Page 2 of 14 Agenda Item No. 5H. Consider SP06 -424, Variance to Sign Ordinance No. 704 -B for BBQ Outfitters located at 2366 East State Highway 114 in the Kimball Square retail and office center. A presentation was not made on this item. Agenda Item No. 5I. ZA06 -134, Preliminary Plat for Morrison Office Park being approximately 6.14 acres located at 2720 East State Highway 114. Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #6. Director Price answered Council's questions during the work session. Agenda Item No. 5J. Authorize a professional services agreement with TranSystems Corporation for design of right -turn deceleration lanes at various locations on Southlake Boulevard. A presentation was not made on this item. Agenda Item No. 5K. Authorize a residential developer's agreement with MDC Johnson Place, L.L.C., for Johnson Place, located at the northwest corner of Randol Mill Avenue and Johnson Road. A presentation was not made on this item. Agenda Item No. 5L. Authorize a residential developer's agreement with 985 Randol Mill, L.P., for Palomar Estates, located on the east side of Randol Mill Avenue and south of Kin s wood Drive. A presentation was not made on this item. Agenda Item No. 5M. Authorize a residential developer's agreement with Bosworth Farms II, L.P., for East Haven Addition sanitary sewer improvements, located on the south side of East Continental Boulevard and west of Breeze Way. Director Price and Director Baker answered Council's questions during the work session. Agenda Item No. 5N. Authorize a professional services agreement with RJN Group, Inc., for the evaluation of condition and capacity of the N -1 sanitary sewer line jointly owned by the Town of Westlake and the City of Southlake. A presentation was not made on this item. Agenda Item No. 50. Consider SP06 -438, Variance to Sign Ordinance No. 704 -B to allow temporary signage associated with the ground breaking ceremony for the Watermere retirement community located at 2801 -2811 West Southlake Boulevard. A presentation was not made on this item. Agenda Item No. 5P. ZA06 -013, Specific Use Permit for a telecommunications antenna for Verizon Wireless on property located at 620 South Carroll Avenue. Current Zoning: AG Agricultural District. SPIN Neighborhood #9. This item was withdrawn by the applicant. Agenda Item No. 5Q. ZA06 -068, Revised Concept Plan for Kimball Hills located at 616 South Kimball Avenue. Current Zoning: SF -20A Single Family Residential District. SPIN Neighborhood #8. This item was tabled to the November 7, 2006, City Council meeting pending action from the Planning and Zoning Commission. Agenda Item No. 5R. Ordinance No. 480 -503, 2nd Reading_(ZA06 -119), Zoning Change and Development Plan for proposed La Mirada, located at 1925 North Peytonville Avenue. Current UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 17, 2006 Page 3 of 14 Zoning: RE Single Family Residential Estate District. Requested Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood 911. This item was tabled and the public hearing continued to the November 7, 2006, City Council meeting. Agenda Item No. 5S. ZA06 -120, Preliminary Plat for La Mirada, located at 1925 North Peytonville Avenue. Current Zoning: RE Single Family Residential Estate District. Proposed Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood 911. This item was tabled to the November 7, 2006, City Council meeting. Agenda Item No. 10A. Consider SP06 -407, Variance to the Conditional Sign Permit for Southlake Town Square Grand Avenue District for Harkins Theatres located at 1450 Plaza Place. A presentation was not made on this item. Agenda Item No. lOD. Authorize a commercial developer's agreement with Armstrong Southlake Randol Mill, L.P., for Jellico Square, located at the northwest corner of West Southlake Boulevard and Randol Mill Avenue. A presentation was not made on this item. Motion was made to approve consent agenda items 5A; 5B to excuse the absence of Mayor Wambsganss from the October 3, 2006, City Council meeting; 5C; 513; 5E; 51 5G; 51-1; 5I; 5J; 5K; 5L; 5M; 5N; 50; 5P; 5Q; 5R; 5S; 10A; and lOD. Motion: Morris Second: Hill Ayes: Hill, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 5 -0 REGULAR AGENDA: Agenda Item No. 6. Public Forum No one spoke during public forum. Aizenda Item No. 7A. Resolution No. 06 -065. Establish administrative brocedures for staff abbroval of standard developer's agreements and to abbrove the form of standard residential and commercial developer's agreements. Director Price presented this item to Council and answered their 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, ESTABLISHING A STANDARD FORM OF A RESIDENTIAL DEVELOPER AGREEMENT REQUIRED FOR DEDICATION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH A RESIDENTIAL DEVELOPMENT WITHIN THE CITY OF SOUTHLAKE, TEXAS; AND, ESTABLISHING A STANDARD FORM OF A COMMERCIAL DEVELOPER AGREEMENT REQUIRED FOR DEDICATION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH A COMMERCIAL DEVELOPMENT WITHIN THE CITY OF SOUTHLAKE, TEXAS, AND PROVIDING AN EFFECTIVE DATE. Council discussed this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 17, 2006 Page 4 of 14 Motion was made to approve Resolution No. 06 -065, Establish administrative procedures for staff approval of standard developer's agreements and to approve the form of standard residential and commercial developer's agreements. Motion: Stansell Second: Hill Ayes: Hill, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 5 -0 Agenda Item No. 7B. Ordinance No. 480 -NNN, 2nd 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. Director Baker briefly presented this item to Council in conjunction with item 7C. Mayor Pro Tern Morris had some wording concerns and Council agreed to table this item and the next item to the next meeting to allow time to work on those issues. Motion was made to table Ordinance No. 480 -NNN, 2nd 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 to the November 7, 2006, City Council meeting. Motion: Muzyka Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Wambsganss Nays: None Vote: 5 -0 (to table) Agenda Item No. 7C. Ordinance No. 483 -K, 2nd Reading, Amendments to the Subdivision Ordinance No. 483, as amended, including sidewalk requirements Director Baker presented this item to Council in conjunction with item 7B. Mayor Pro Tern Morris had some wording concerns and Council agreed to table this item and the previous item to the next meeting to allow time to work on those issues. Motion was made to table Ordinance No. 483 -K, 2nd Reading, Amendments to the Subdivision Ordinance No. 483, as amended, including sidewalk requirements to the November 7, 2006, City Council meeting. Motion: Muzyka Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Wambsganss Nays: None Vote: 5 -0 (to table) Auenda Item No. 7D. Ordinance No. 480 -504. 2nd Reading (ZA06 -142)_ Zoning Chance and Concept Plan for property located at 211 Pine Drive. Current Zoning: AG Agricultural District. Reauested Zoning: SF-IA Single Familv Residential District. SPIN Neighborhood #9. Chief Planner Killough presented this item to Council in conjunction with item 7E. Applicants Joanne Kepler and Constantine Bachandoss of Baird, Hampton, and Brown Engineering, answered UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 17, 2006 Page 5 of 14 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 TRACTS 2A1 & 2A1C, SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, BEING APPROXIMATELY 2.97 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" 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. Motion was made to approve Ordinance No. 480 -504, 2 nd Reading (ZA06 -142), Zoning Change and Concept Plan for property located at 211 Pine Drive subject to Concept Plan Review Summary No. 1, dated September 15, 2006; subject to applicant's agreement to move the driveway over 20 feet to preserve the 20 -inch elm located in the right -of -way of Pine Drive; subject to the applicant's agreement to move the building structure over 15 to 20 feet to preserve the 30 -inch elm that is shown within the building site; and subject to applicant's agreement to move the sports court an additional 25 -feet away from the property line. Motion: Morris Second: Hill Ayes: Hill, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 5 -0 Agenda Item No. 7E. ZA06 -069, Plat Revision for Lots 20R and 22, O.W. Knight No. 899 Addition, being a revision of Lot 20, O.W. Knight No. 899 Addition, to include Tracts 2A1 and 2A1C, situated in the O.W. Knight Survey, Abstract No. 899, located at 201 and 211 Pine Drive. Current Zoning: AG Agricultural District and SF-IA Single Family Residential District. Proposed Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #9. Chief Planner Killough presented this item to Council in conjunction with item 7D. Applicants Joanne Kepler and Constantine Bachandoss of Baird, Hampton, and Brown Engineering, answered Council's questions. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 17, 2006 Page 6 of 14 Motion was made to approve ZA06 -069, Plat Revision for Lots 20R and 22, O.W. Knight No. 899 Addition, being a revision of Lot 20, O.W. Knight No. 899 Addition subject to Plat Review Summary No. 3, dated September 15, 2006. Motion: Morris Second: Hill Ayes: Hill, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 5 -0 Auenda Item No. 7F. Ordinance No. 480 -505. 2nd Reading (ZA06 -127)_ Zoniniz Chance for property located at 225 and 231 East Bob Jones Road. Current Zoning: AG Agricultural District. Reauested Zoning: RE Residential Estate District. SPIN Neighborhood 91. 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 7 & 8, SITUATED IN THE M. MAHAFFEY SURVEY, ABSTRACT NO. 916D, BEING APPROXIMATELY 8.50 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT, 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 -505, 2n Reading (ZA06 -127), Zoning Change for property located at 225 and 231 East Bob Jones Road Motion: Morris Second: Hill Ayes: Hill, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 5 -0 Agenda Item No. 7G. Ordinance No. 480 -506, 2n Reading (ZA06 -129), Zoning Change and Concept Plan for property located at 2005 North White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF -lA Single Family Residential District. SPIN UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 17, 2006 Page 7 of 14 Neighborhood #5. Chief Planner Killough presented item to Council. Applicant Serg Goldberg of Cadence Custom Homes 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 1C, SITUATED IN THE LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300, BEING APPROXIMATELY 1.82 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IN' 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. Council discussed this request. Motion was made to approve Ordinance No. 480 -506, 2nd Reading (ZA06 -129), Zoning Change and Concept Plan for property located at 2005 North White Chapel Boulevard subject to Concept Plan Review Summary No. 2, dated September 15, 2006, requiring an easement to be granted to accommodate a future sidewalk. Motion: Muzyka Second: Hill Ayes: Hill, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 5 -0 Councilmember Hill stepped out of the room during the next item. Auenda Item No. 7H. Ordinance No. 480 -507. 2nd Reading (ZA06 -148)_ Zoning Chance and Concept Plan for property located at 3119 Lake Drive. Current Zoning: AG Agricultural District. Reauested Zoniniz: SF-IA Single Familv Residential District. SPIN Neighborhood #5. 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: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 17, 2006 Page 8 of 14 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 3H1, SITUATED IN THE J.H. CHILDRESS SURVEY, ABSTRACT NO. 254, BEING APPROXIMATELY 1.74 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IX' 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. Motion was made to approve Ordinance No. 480 -507, 2nd Reading (ZA06 -148), Zoning Change and Concept Plan for property located at 3119 Lake Drive subject to Concept Plan Review Summary No. 1, dated September 15, 2006. Motion: Morris Second: Muzyka Ayes: Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 4 -0 Mayor Wambsganss called for a break at 8:31 p.m. and reconvened the meeting at 8:52 p.m. Councilmembers Hill and Jones returned to the meeting. Agenda Item No. 7I. ZA06 -061, Site Plan for Savannah Office Court located at 545 Silicon Drive. Current Zoning: I -1 Light Industrial District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council. Applicant Ralph Williams, 1177 Adams Lane, Southlake, Texas, answered Council's questions. No one spoke during the public hearing. Motion was made to approve ZA06 -061, Site Plan for Savannah Office Court located at 545 Silicon Drive subject to Site Plan Review Summary No. 5, dated October 11, 2006; granting the requested variances allowing a driveway stacking depth of 27' and waiving a bufferyard on the east property line and moving those plantings to other bufferyards; allowing a 10% reduction in UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 17, 2006 Page 9 of 14 parking; and requiring a 10 -foot pedestrian easement along Silicon Drive for a possible future sidewalk. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7J. ZA06 -155, Site Plan for Noble Oaks Park, located at 1080 South Carroll Avenue. Current Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. Director Polasek answered Council's questions. No one spoke during the public hearing. Motion was made to approve ZA06 -155, Site Plan for Noble Oaks Park, located at 1080 South Carroll Avenue. Motion: Morris Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6 -0 Aizenda Item No. 7K. Resolution No. 06 -063 (ZA06 -156) Snecifc Use Permit for tembora telecommunications antennas on property located at 400 North White Chapel Boulevard at Bicentennial Park. Current Zoning: CS Communitv Service District. SPIN Neighborhood #10. Chief Planner Killough presented this item to Council in conjunction with item 7L. 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 TELECOMMUNICATIONS TOWERS, ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 1, SITUATED IN THE L.G. HALL SURVEY, ABSTRACT NO. 686, 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 -063 (ZA06 -156) Specific Use Permit for temporary telecommunications antennas on property located at 400 North White Chapel Boulevard at Bicentennial Park. Motion: Muzyka Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 17, 2006 Page 10 of 14 Nays: None Approved: 6 -0 Agenda Item No. 7L. Resolution No. 06 -064 (ZA06 -157) Specific Use Permit for temporary telecommunications antennas on property located at 2300 North White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #2. Chief Planner Killough presented this item to Council in conjunction with item 7K. 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 TELECOMMUNICATIONS TOWERS, ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS TRACT 1J, SITUATED IN THE REES D PRICE, SURVEY, ABSTRACT NO. 1207, 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 -064 (ZA06 -157) Specific Use Permit for temporary telecommunications antennas on property located at 2300 North White Chapel Boulevard. Motion: Muzyka Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7M. Ordinance No. 903, 2nd Reading, Amending the existing Franchise Ordinance between the City of Southlake and TXU Electric Delivery Company, a Texas Corporation, its successors and assigns, to provide for a different payment schedule, providing an extension of the franchise term, providing for TXU Electric delivery acceptance. Assistant Director Guess 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 EXISTING FRANCHISE ORDINANCE BETWEEN THE CITY OF SOUTHLAKE AND TXU ELECTRIC DELIVERY COMPANY, A TEXAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO PROVIDE FOR A DIFFERENT PAYMENT SCHEDULE; PROVIDING AN EXTENSION OF THE FRANCHISE TERM; PROVIDING FOR TXU ELECTRIC DELIVERY ACCEPTANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. No one spoke during the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 17, 2006 Page 11 of 14 Motion was made to approve Ordinance No. 903, 2nd Reading, Amending the existing Franchise Ordinance between the City of Southlake and TXU Electric Delivery Company, a Texas Corporation, its successors and assigns, to provide for a different payment schedule, providing an extension of the franchise term; providing for TXU Electric delivery acceptance. Motion: Hill Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6 -0 Aizenda Item No. 7N. Ordinance No. 897. 2nd Reading_ Amendiniz Chatter 18. Section 18 -79 of the Southlake Citv Code establishing a new steed limit on a bortion of North Carroll Avenue and on two portions of Kimball Avenue. Director Price presented this item to Council. Council discussed this request. Council did not approve the change to North Carroll Avenue on first reading. Mayor Wambsganss opened the public hearing. Darrell Faglie, 505 South Kimball Avenue, Southlake, Texas, spoke in opposition to the proposed changes on Kimball Avenue. Mayor Wambsganss closed the public hearing. After discussion, Council decided to table this item to allow further research. Motion was made to table Ordinance No. 897, 2 Reading, Amending Chapter 18, Section 18 -79 of the Southlake City Code establishing a new speed limit on two portions of Kimball Avenue to the November 7, 2006, City Council meeting. Motion: Muzyka Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6 -0 (to table) Agenda Item No. 70. Ordinance No. 900, 2 Reading, Establishing a Municipal Stormwater (Drainage) Utility System. Director Price presented this item to Council in conjunction with item 7P. Consultant Diane Palmer 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 OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING A MUNICIPAL STORMWATER (DRAINAGE) UTILITY SYSTEM; SETTING FORTH DEFINITIONS; ESTABLISHING STORMWATER CHARGES AND MONTHLY STORMWATER UTILITY SYSTEM FEES; ESTABLISHING THE BILLING AND PAYMENT OF STORMWATER (DRAINAGE) FEES; PROVIDING PENALTIES AND REMEDIES FOR FAILURE TO PAY FEES; PROVIDING EXEMPTIONS FROM AND ADJUSTMENT OF FEES; ESTABLISHING PROGRAM RESPONSIBILITIES AND A STORMWATER UTILITY SYSTEM FUND; PROVIDING PROCEDURES FOR APPEALS; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 17, 2006 Page 12 of 14 PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. Paul Spain, 2200 Estes Park Drive, Southlake, Texas, spoke in support. Martin Schelling, 2665 North White Chapel Boulevard, Southlake, Texas, spoke in support. Mayor Wambsganss closed the public hearing. Motion was made to approve Ordinance No. 900, 2nd Reading, Establishing a Municipal Stormwater (Drainage) Utility System. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7P. Ordinance No. 901, 2 Reading, Establishing Monthly Stormwater Utility Fees for the purpose of funding stormwater (drainage) projects as authorized by law. Director Price presented this item in conjunction with item 70. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY OF SOUTHLAKE ESTABLISHING MONTHLY STORMWATER UTILITY FEES FOR THE PURPOSE OF FUNDING STORMWATER (DRAINAGE) PROJECTS AS AUTHORIZED BY LAW; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 901, 2 Reading, Establishing Monthly Stormwater Utility Fees for the purpose of funding stormwater (drainage) projects as authorized by law as presented. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. IOB. Consider SP06 -409, Variance to Sign Ordinance No. 704 -B for Harris Methodist Southlake Center for Diagnostics and Surgery and Medical Offices located at 1545 East Southlake Boulevard. Chief Planner Killough presented this item to Council. Applicant Kimberly McFarland, 1717 Main Street, Dallas, Texas, answered Council's questions. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 17, 2006 Page 13 of 14 Motion was made to deny SP06 -409, Variance to Sign Ordinance No. 704 -B for Harris Methodist Southlake Center for Diagnostics and Surgery and Medical Offices located at 1545 East Southlake Boulevard. Motion: Stansell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Vote: 6 -0 (to deny) Auenda Item No. 10C. Consider SP06 -428. Amend the Conditional Sian Permit for Shops of Southlake and Central Market located at the southeast corner of East Southlake Boulevard and South Carroll Avenue. Chief Planner Killough presented this item. Applicant David Palmer, 3102 Maple Avenue, Dallas, Texas, answered Council's questions. Council discussed this request. Motion was made to approve SP06 -428, Amend the Conditional Sign Permit for Shops of Southlake and Central Market located at the southeast corner of East Southlake Boulevard and South Carroll Avenue approving only the Central Market portion limiting the six vertical banners to a period of six months from the date of opening requiring the applicant to come back for approval of any additional time. Motion: Jones Second: Muzyka Ayes: Jones, Morris, Muzyka, Wambsganss Nays: Hill, Stansell Approved: 4 -2 Agenda Item No. 12. Adjournment. Mayor Wambsganss adjourned the meeting at 10:42 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, OCTOBER 17, 2006 Page 14 of 14