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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: MAY 3, 2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland and Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: None. STAFF PRESENT City Manager Shana Yelverton, Interim Deputy City Manager Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim Bush, Library Administrator Kerry McGeath, Manager of Technical Services Gary Gregg, Audio Visual System Technician Pam Jordan, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, 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 5:32 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 8B and l0A were added to the consent agenda. The work session ended at 6:05 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:05 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney, Section 551.072, deliberation regarding real property, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:05 p.m. Executive Session began at 6:40 p.m. and ended at 6:55 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:00 p.m. The Mayor asked if there was any action necessary as a result of the Executive Session. Motion was made to authorize the Mayor to enter into an amended contract for the sale of the city -owned property at the northeast corner of Pearson Lane and F.M. 1709. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 3, 2005 Page I of 8 Motion: Shankland Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 3 Invocation. The invocation was given by Betsy Godbold from White's Chapel United Methodist Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and events. Mayor Wambsganss presented a proclamation for Child Abuse Prevention Month to Nancy Hagan of Alliance for Children. Mayor Wambsganss also presented a proclamation for Teacher Appreciation Week to Trudie Jackson, principal of Dawson Middle School. Agenda Item No. 4B. City Manager's Report. There was no report given. Agenda Item No. 4C. SPIN Board Report Jim Jeppe gave a SPIN report for neighborhood #9W. Agenda Item No. 4D. Library Board Report. There was no report given. Agenda Item No. 4E. Park and Recreation Board Report. Elaine Cox announced upcoming meetings and events. Rosemary Hutchins presented a certificate of appreciation and a $500 scholarship to Colleen Flaherty who volunteered over 800 hours of time during her high school years working with Keep Southlake Beautiful and serving the City of Southlake. Agenda Item No. 4E. Local Business Report. Economic Development Specialist Stefanie Wagoner introduced Leigh Rengler from A Dance Force who introduced her business to Council. Several dancers put on a short program for Council. 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 19, 2005, regular City Council meeting. Approved as presented. Agenda Item No. 5B. Authorize the Mayor to execute a Commercial Developer's Agreement for Elite Suites, Continental Plaza Business Park, Lot 3R1, Green Meadow Subdivision, a 1.6095 acre development, located at the southeast corner of East Continental Boulevard and South Kimball Avenue. Approved as presented. Agenda Item No. 5C. Approve the Southlake Sidewalk Sale application, allowing for a citywide sidewalk sale on Saturday, June 18, 2005. Approved as presented. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 3, 2005 Page 2 of 8 Agenda Item No. 5D. Resolution No. 05 -023, Authorize application for a Texas Parks and Wildlife (TPWD) Recreational Fund Grant for Bob Jones Park Trails. Approved as presented. Agenda Item No. 5E. ZA05 -038, Preliminary Plat for Lots 1R1, 1R2, 2R1, and 2R2, J. Childress No. 253 Addition located at 1565 and 1577 Randol Mill Avenue. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. Chief Planner Killough presented this item to Council during the work session. Agenda Item No. 5F. ZA05 -015, Plat Revision for Lots 1R1, 1R2, 2R1, and 2R2, J. Childress No. 253 Addition being a revision of Lots 1 and 2, J. Childress No. 253 Addition, located at 1565 and 1577 Randol Mill Avenue. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. Chief Planner Killough presented this item to Council during the work session. Agenda Item No. 5G. Resolution No. 05 -008, (ZA04 -090), Specific Use Permit for a telecommunications antenna located on Lot 1R, Block 1, Carroll High School Addition located at 1501 West Southlake Boulevard. Current Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood 916. The applicant has requested to table this item until the May 17, 2005 City Council meeting. Agenda Item No. 5H. Ordinance No. 480- 451,(ZA04 -101), 1s Reading, Zoning Change for Tracts IAIA2 and 1AIA2D, B.J. Foster Survey, Abstract No. 519. The property is located on the north side of Gifford Court, approximately 300 feet east of Randol Mill Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood 912. The applicant has requested to table this item until the June 7, 2005 City Council meeting. Agenda Item No. 5I. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. Mayor Wambsganss presented this item to Council during the work session. Commissioner Brandon Bledsoe was absent from the April 21, 2005 Planning and Zoning Commission meeting. Agenda Item No. 8B. Ordinance No. 480- 455,(ZA05 -027), 1S Reading, Zoning Change and Concept Plan for proposed Lot 21, T.M Hood No. 706 Addition, being legally described as Tract 11A02, T.M. Hood Survey, Abstract No. 706. The property is located at 600 Shady Oaks Drive. Current Zoning: AG Agricultural District. Requested Zoning_ SF -20 Single Family Residential District. SPIN Neighborhood #13. Chief Planner Killough presented this item to Council during the work session. Agenda Item No. 10A. Approve conceptual plans and estimated project budget for "State Street Park" and "Grand Avenue Park" in the Town Square Grand Avenue District. Director Jackson presented this item to Council during the work session. Brian Stebbins from Cooper and Stebbins made a presentation to Council. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 3, 2005 Page 3 of 8 Motion was made to approve consent agenda items 5A; 513; 5C; 513; 5E subject to Plat Review Summary No. 3, dated April 27, 2005; 5F subject to Plat Review Summary No. 3, dated April 27, 2005; 5G to table to the May 17, 2005, City Council meeting; 5H to table to the June 7, 2005, City Council meeting; 5I excusing Brandon Bledsoe from the April 21, 2005, Planning and Zoning Commission meeting; 8B subject to Concept Plan Review Summary No. 1, dated April 15, 2005; and 10A. Motion: Jones Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 REGULAR AGENDA: Agenda Item No. 6. Public Forum. No one spoke during the public forum. Agenda Item No. 7A. Resolution No. 05 -018, Adoption of the West Southlake Boulevard/Pearson; West Highland/North Peytonville, and the North Side (Areas B, E, and F) Area Plans as components of the Comprehensive Master Plan for the City of Southlake. Director Baker and Planning and Zoning Commission Chairman Vernon Stansell presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING THE WEST SOUTHLAKE BLVDIPEARSON LANE AREA, WEST HIGHLAND/NORTH PEYTONVILLE AREA, AND NORTH SIDE AREA PLANS (PLAN AREAS B, E, & F): ANALYSIS AND RECOMMENDATIONS, AS ELEMENTS OF THE SOUTHLAKE 2025 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN. Mayor Wambsganss opened the public hearing. Marylyn Miles, 445 East FM 1382, Suite 3295, Cedar Hill, Texas, expressed concerns of the city taking her property. Carl Fretwell, 2725 South Grove Street, Fort Worth, Texas, expressed concerns of the city taking his property. James Lee, 2905 West Southlake Boulevard, Southlake, Texas, expressed concerns regarding access to his property on West Southlake Boulevard. Dwight Rogers, 2815 West Southlake Boulevard, Southlake, Texas, expressed concerns with the wildlife preservation overlay being proposed on a portion of his property. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 3, 2005 Page 4 of 8 Gaynell Leath, 2815 West Southlake Boulevard, Southlake, Texas, expressed concerns with the wildlife preservation overlay being proposed on a portion of her property. Betty Rogers, 2815 West Southlake Boulevard, Southlake, Texas, did not speak but expressed concerns with the wildlife preservation overlay being proposed on a portion of her property. Charles Slayton, 3665 Keller Hicks Road, Keller, Texas, did not speak but recorded his opposition to this plan. Will Gadell, 3701 Sandbar, Colleyville, Texas, expressed concerns with the preservation area shown on his property at Jellico Estates. Mayor Wambsganss closed the public hearing. Council discussed this item. Motion was made to approve Resolution No. 05 -018, adoption of the West Southlake Boulevard /Pearson; West Highland/North Peytonville; and the North Side (Areas B, E, and F) Area Plans as components of the Comprehensive Master Plan for the City of Southlake, specifically directing staff to review the language on the legends for each of the environmental resource protection maps to alter the tree cover /open space to be preserved to more accurately meet Council's intent and also adding a rural conservation designation on the 70± acres west of Shady Oaks and east of Parcel 4 (Clow property) on Plan Area `E' and including the recommendations of the Planning and Zoning Commission. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7B. Ordinance No. 480 -280a, (ZA04 -047), 2nd Reading, Zoning Change and Concept Plan for Stonebridge Park located at 150 -175 Stonebrid e Lane, 2340 and 2350 West Southlake Boulevard. Current Zoning: S -P -2 Generalized Site Plan District. Requested Zoning: S -P -2 Generalized Site Plan District with 0-1 Office District and C -2 Local Retail Commercial District uses. SPIN Neighborhood #16. Chief Planner Killough presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term 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 LOTS 1 — 6, BLOCK 1, STONEBRIDGE PARK, AND BEING APPROXIMATELY 13.30 ACRES, AND MORE FULLY AND COMPLETELY UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 3, 2005 Page 5 of 8 DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "C -2" LOCAL - RETAIL COMMERCIAL DISTRICT USES AND "O -1" OFFICE DISTRICT USES, 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 -280a, (ZA04 -047), 2" d Reading, Zoning Change and Concept Plan for Stonebridge Park subject to Revised Site Plan Review Summary No. 1, dated April 15, 2005, and the recommendations of the Planning and Zoning Commission. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7C. ZA05 -039, Revised Site Plan for Clearview Eyecare located at 2100 East State Highway 114. Current Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood 96. Chief Planner Killough presented this item to Council. No one spoke during the public hearing. Motion was made to approve ZA05 -039, Revised Site Plan for Clearview Eyecare subject to Revised Site Plan Review Summary No. 1, dated April 15, 2005. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Mayor Wambsganss called for a break at 8:30 p.m. Mayor Wambsganss reconvened the meeting at 8:46 p.m. Agenda Item No. 8A. Ordinance No. 480 -454, (ZA05 -022), 1 St Reading, Zoning Change and Concept Plan for The Shops at Southlake ( Southlake Central Park — Central Market), UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 3, 2005 Page 6 of 8 being approximately 29 acres located on the southeast corner of East Southlake Boulevard and South Carroll Avenue; and being legally described as Tract 7A, J. A. Freeman Survey, Abstract No. 529. Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood 97. Director Baker and Chief Planner Killough presented this item to Council. Applicant David Palmer from Cencor Realty introduced Stephen Butt, Greg Beam, Mary Rohr, Larry Cates, and David Baldwin to Council, presented this item and answered Council's questions. Council discussed this item. Mayor Wambsganss allowed the public to speak. The following people spoke in opposition: Thomas Drake, 1212 Westmont Drive, Southlake, Texas; Marti Petro, 1305 Westmont Court, Southlake, Texas; Mark and Lesli Akers Griffith, 1210 Westmont Drive, Southlake, Texas; and, Chuck Blucher, 1218 Westmont Drive, Southlake, Texas. The following people did not speak but recorded their opposition: Charles and Jane Cravens, 304 Lakeside Court, Southlake, Texas; Amy Bischler, 1306 Kings Brook Court, Southlake, Texas; Shiraz Poonawala, 302 Lakeside Court, Southlake, Texas; Donna Drake, 1212 Westmont, Southlake, Texas; David and Susan MacDonald, 1305 Forest Hills Court, Southlake, Texas; and, James Davis, 1300 Westmont Court, Southlake, Texas. The following people did not speak but recorded their support: Mike and Rita Mills, 714 Wentwood Drive, Southlake, Texas. Council discussed this item and asked further questions of the applicant. Motion was made to approve Ordinance No. 480 -454, (ZA05 -022), 1 st Reading, Zoning Change and Concept Plan for The Shops at Southlake ( Southlake Central Park — Central Market), subject to Concept Plan Review Summary No. 2, dated April 15, 2005, subject to the recommendations of the Planning and Zoning Commission with the clarification that there will be no second floor windows on the south sides of buildings A, B, and C; requiring the `L' shaped buildings along FM 1709 to be constructed at the same time as Central Market; requiring there to be a screen wall south of the loading dock of Central Market; accepting the applicant's commitment to make a good faith effort to restrict delivery times to between the hours of 6:00 a.m. and 10:00 p.m.; requiring the landscape buffer to be maintained in perpetuity; and requiring the applicant to submit information on the acoustical wall prior to 2 nd reading. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 3, 2005 Page 7 of 8 Agenda Item No. 11A. 50 Anniversary Planning Committee and the placement of a historical log cabin The Mayor introduced this discussion item during the work session. Councilmember Hill asked city staff and the Southlake Historical Society to work together on a presentation showing what the cabin will look like and what the needs will be so that an informed decision can be made as to its proper placement. There was no action taken. Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 10:32 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 3, 2005 Page 8 of 8