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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: MAY 4, 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tern W. Ralph Evans, Deputy Mayor Pro Tern Rex Potter, and Councilmembers Carolyn Morris, Keith Shankland, Greg Standerfer, and Tom Stephen. CITY COUNCIL ABSENT None. STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Executive Secretary Kim Bush, City Manager's Office Administrative Secretary Diana Smith, Assistant to the City Manager John Eaglen, Manager of Technical Services Gary Gregg, Audio Visual System Technician Pam Jordan, Information Systems Technician Sam Cobb, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Teen Court Coordinator Amber Cartwright, Director of Human Resources Kevin Hugman, Director of Planning Bruce Payne, Senior Planner Dennis Killough, Chief of Fire Services Robert Finn, Chief of Administration Garland Wilson, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Public Works Director Valerie Bradley, Deputy City Secretary Tara Brooks, City Attorney Tim Sralla, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Wambsganss at 5:35 p.m. Mayor Wambsganss introduced the following Texas Department of Transportation (TxDOT) representatives: Steve Simmons, Deputy Executive Director, and Maribel Chavez, Fort Worth District Engineer, who presented former Mayor Gary Fickes with the prestigious Road Hand Award for his many contributions to transportation issues. The Mayor called for a short recess for a reception in honor of Mr. Fickes at 5:45 p.m. and called the meeting back to order at 6:05 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 9A and 9B were added to the consent agenda. The work session ended at 6:19 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order The regular session was called to order by Mayor Wambsganss at 6:19 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 4, 2004 Page I of 9 Agenda Item No. 2A. Executive Session Mayor Wambsganss announced that 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; Section 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding personnel matters; Section 551.076, deliberation regarding security devices; Section 551.087, deliberation regarding economic development negotiations; Section 418.183(f) Texas Disaster Act; and Section 418.106(d) & (e), local meetings to discuss emergency management plans regarding pipeline safety. City Council adjourned for Executive Session at 6:30 p.m. Executive Session began at 6:41 p.m. and ended at 7:06 p.m. Councilmember Stephen left for a prior commitment at 6:50 p.m. and returned later in the meeting. Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:11 p.m. Agenda Item No. 3. Invocation The invocation was given by Norma Quinn of White's Chapel United Methodist 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. Councilmember Morris and Assistant to the City Manager Eaglen recognized "S.P.LN. into Spring" sponsors and participants. Agenda Item No. 4B. City Manager's Report City Manager Campbell thanked the Brook Mays Music Company for the temporary use of the player piano in the grand foyer of Town Hall during Early Voting. Agenda Item No. 4C. SPIN Report: A written report was provided to Council. Agenda Item No. 4D. Library Board Report: A written report was provided to Council. Agenda Item No. 4E. Park and Recreation Board Report: Elaine Cox updated Council on recent and upcoming activities. Agenda Item No. 4F. Local Business Report: None. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the items into the record. Agenda Item No. 5A. Approve minutes for the April 20, 2004, regular City Council meeting. Council approved the minutes as presented. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 4, 2004 Page 2 of 9 Agenda Item No. 5B. Award bid for the construction of the redundant water supply line from the City of Fort Worth to the City of Southlake Pump Station No. 1 to Barson Utilities, Inc. Director Farahnak presented this item to Council during the work session. Agenda Item No. 9A. Resolution No. 04 -029, Approving and authorizing publication of notice of intention to issue certification of obligation for street and drainage improvements. Director Elam presented this item to Council during the work session. Agenda Item No. 9B. Resolution No. 04 -030, Approving and authorizing publication of notice of intention to issue certification of obligation for water and sewer improvements and extensions. Director Elam presented this item to Council during the work session. Motion was made to approve the consent agenda items 5A; 513; 9A; and 9B. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6 -0 REGULAR AGENDA Agenda Item No. 6. Public Forum No one spoke. Auenda Item No. 7A. ZA04 -013. Revised Site Plan for Wright Professional Building on brobertv located at 200 East Southlake Boulevard. Current Zoning: 0-1 Office District. SPIN Neighborhood #10. Senior Planner Killough presented this item to Council. Applicant Greg Wright, 850 Ginger Court, Southlake, Texas, answered Council's questions. No one spoke during the public hearing. Motion was made to approve ZA04 -013, Revised Site Plan for Wright Professional Building subject to Site Plan Review Summary No. 2, dated April 2, 2004, and granting requested setback variance. Motion: Standerfer Second: Shankland Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6 -0 Auenda Item No. 7B. Resolution No. 04 -027 (ZA03 -089) Snecif c Use Permit for the co location of a telecommunications antenna on an existing tower on property located at 3700 North White Chabel Boulevard. Current Zoniniz: CS Communitv Service District. SPIN Neighborhood 913. Senior Planner Killough presented this item to Council. Applicant John Brumley, 1620 Handley Drive, Dallas, Texas, answered Council's questions. He said American Towers fully intends to bring this site up to code and agreed UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 4, 2004 Page 3 of 9 to screen the gate to block the view into the site. 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 TELECOMMUNICATIONS TOWER, ANTENNAS AND ANCILLARY STRUCTURES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 3700 NORTH WHITE CHAPEL BLVD. BEING LEGALLY DESCRIBED AS LOT 1, BLOCK A, OIEN ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT AND DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388 -219, PAGE 14, PLAT RECORDS, TARRANT COUNTY, TEXAS AND CABINET A, SLIDE 9, PLAT RECORDS, DENTON COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A," 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. Motion was made to approve Resolution No. 04 -027 (ZA03 -089) Specific Use Permit for the co- location of a telecommunications antenna subject to the Planning and Zoning Commission's motion with further screening of opaque material on gates and requiring an evergreen screening material such as a holly and not red - tipped Photinias. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7C. Resolution No. 04 -028 (ZA04 -023) Specific Use Permit for a mass gathering event for Stars and Stripes, July 3, 2004, celebration on property described as Southlake Town Square, Phase One. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council. No one spoke during the public hearing. 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 EAST SOUTHLAKE BOULEVARD 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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 4, 2004 Page 4 of 9 Motion was made to approve Resolution No. 04 -028 (ZA04 -023) Specific Use Permit for a mass gathering event for Stars and Stripes, July 3, 2004, celebration subject to the Planning and Zoning Commission's motion. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7D. Ordinance No. 480 -435, 2nd Reading (ZA03 -099) Zoning Change and Site Plan for Feedstore BBQ described as Tract 4D and a portion of Tract 1F, H. Granberry Survey, Abstract No. 581, located at 530 South White Chapel Boulevard. Current Zoning: C -1 Neighborhood Commercial District and AG Agricultural District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #14. Senior Planner Killough presented this item to Council. Applicant Bill Lafavers, 620 South White Chapel Boulevard, Southlake, Texas, answered Council's questions. Councilmember Stephen arrived back at the meeting at 8:05 p.m. The Mayor opened the public hearing. Gary Hargett, 1111 South White Chapel Boulevard, Southlake, Texas, spoke in opposition to this item. The Mayor read comment cards into the record of those people who did not wish to speak but wanted to record their opposition: Mark and Capri McLemore, 533 South White Chapel Boulevard, Southlake, Texas; and, Harvey and Robin Kantur, 1013 Ashlawn Drive, Southlake, Texas. Zena Rucker, 650 South Carroll Avenue, Southlake, Texas, spoke in support of this item. Albert McGrath, 1319 Byron Nelson Parkway, Southlake Texas, spoke in support of this item. Bill Anderson, 555 South White Chapel Boulevard, Southlake, Texas, spoke in support of this item. Ed Field, 340 Glenrose Court, Southlake, Texas, spoke in support of this item. Gary Goodman, 1555 Bent Creek Drive, Southlake, Texas, spoke in support of this item. The Mayor read comment cards into the record of those people who did not wish to speak but wanted to record their support: Chris and Laura Amond, 945 Davis Boulevard, Southlake, Texas; James Arnold, 3130 Briar Lane, Southlake, Texas; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 4, 2004 Page 5 of 9 Carl Amond, 1401 Plantation Drive, Southlake, Texas; Kenneth Curtiss, 114 Yale Drive, Southlake, Texas; William and Donna Tennyson, 1416 Micah Way, Keller, Texas; James Giffin, 1020 Highland Oaks Drive, Southlake, Texas; Tom Kinser, 602 Lorraine Drive, Southlake, Texas; Brandon Bledsoe, 1212 Sarah Park, Southlake, Texas; Joy Morgan, 403 Atherton Circle, Southlake, Texas; Don and Nancy Greene, Southlake, Texas; Eddie Bridgers, 2704 Brookshire Drive, Southlake, Texas; Wayne Frank, 700 Primrose Lane, Southlake, Texas; Tony and Cyndie Overdirth, 2126 Pecos, Southlake, Texas; Matt Lafavers, 530 South White Chapel Boulevard, Southlake, Texas; Jerry Palon, 903 Suffolk Court, Southlake, Texas; Mike Lafavers, 303 East Highland Road, Southlake, Texas; Susan Taylor, 2120 Pecos Trail, Southlake, Texas; and, Charlene Frank, 700 Primrose Lane, Southlake, Texas. Tasha Tolbert, 475 South White Chapel Boulevard, Southlake, Texas, came to the meeting to research this request and has not made up her mind yet. The Mayor closed the public hearing. 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 4D AND A PORTION OF TRACT 1F, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581; AND BEING APPROXIMATELY 1.42 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -1" NEIGHBORHOOD COMMERCIAL DISTRICT AND "AG" AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C -1" NEIGHBORHOOD COMMERCIAL DISTRICT USES, 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 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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 4, 2004 Page 6 of 9 Motion was made to approve Ordinance No. 480 -435, 2nd Reading (ZA03 -099) as approved on 1 st Reading with the following clarifications: deferring the perimeter screening device along the north, west, and south property lines until zoning of those adjacent properties; requiring screening immediately south of the parking lot; removing three parking spaces at the northeast portion of the property; and requiring a planter bed between the two southern parking lots and requiring maintenance of the screening and planter bed in perpetuity. Motion: Standerfer Second: Evans Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 The Mayor called for a break at 8:51 p.m. and reconvened the meeting at 9:05 p.m. Auenda Item No. 10. ZA04 -019. Plat Revision for Lot 5RL A.A. Freeman No. 522 Addition, being a revision of Lots 5R & 6R, A.A. Freeman No. 522 Addition, located at 422 and 426 Southridue Lakes Parkway. Current Zoning: SF-IA Single Familv Residential District. SPIN Neighborhood #13. Senior Planner Killough presented this item to Council. Motion was made to approve ZA04 -019 Plat Revision for Lot 5R1, A.A. Freeman No. 522 Addition, subject to Plat Review Summary No. 1, March 29, 2004. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Auenda Item No. 8A. Ordinance No. 480 -437. 1 st Reading (ZA03 -096) Zoning Chance with Development Plan for Estes Park, Phase II, generally located along the north side of the 700 to 900 blocks of Primrose Lane, the west side of the 2100 block of North Carroll Avenue and the south side of the 800 block of East Dove Street. Current Zoning: AG Agricultural District and R -PUD Residential Planned Unit Development. Requested Zoning: R -PUD Residential Planned Unit Develonment. SPIN Neighborhood #5. Senior Planner Killough presented this item to Council. Applicants Kosse Maykus, Hat Creek Development Company, 722 Edward Court, Southlake, Texas, and Paul Spain, Terra Land Development, answered Council's questions. The Mayor read comment cards into the record of people who did not want to speak but wanted to record their support: Robert and Margie Morganstean, 920 Primrose Lane, Southlake, Texas; Kathy Mariner, 820 Primrose Lane, Southlake, Texas; and, Christine Beyne, 1086 Primrose Lane, Southlake, Texas. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 4, 2004 Page 7 of 9 Mayor Wambsganss stated that in the future he would like this area continue to gravitate closer to the density shown on the Land Use Plan. Motion was made to approve Ordinance No. 480 -437, 1 st Reading (ZA03 -096) subject to Development Plan Review Summary No. 3, April 16, 2004, as approved by the Planning and Zoning Commission and requiring the homes to be a minimum of 4,000 square feet. Motion: Standerfer Second: Evans Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Councilmember Stephen abstained from Item No. IOB and left the room. Agenda Item No. IOB. Consider SPO4 -081, Variance to Sign Ordinance No. 704 -A, The Offices At Byron Nelson, located at 630 East Southlake Boulevard. Senior Planner Killough presented this item to the Council. Applicant Skip Blake, Blake Architects, 502 South White Chapel Boulevard, Southlake, Texas, answered Council's question. Motion was made to approve SPO4 -081, variance to Sign Ordinance No. 704 -A, The Offices at Byron Nelson, requiring the monument signs to be lowered into the retaining wall by at least twelve inches; accepting the applicant's offer to waive any signage on the building and to remove the existing monument sign; and accepting the applicant's commitment to landscape in front of each sign and to maintain the landscaping in perpetuity Motion: Standerfer Second: Evans Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Abstains: Stephen Approved: 6 -0 -1 Agenda Item No. 11A. Emergency repairs to Bicentennial Park drainage Director Jackson presented this item to Council during the work session. Council discussed this item with staff Agenda Item No. 12. Meeting adjourned Mayor Wambsganss adjourned the meeting at 10:26 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 4, 2004 Page 8 of 9 ATTEST: Lori A. Farwell, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 4, 2004 Page 9 of 9