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Item 5ACity of Southlake CITY COUNCIL MEETING MINUTES August 5, 2003 CITY COUNCIL PRESENT Mayor Andy Wambsganss; Deputy Mayor Pro Tern Rex Potter; Councilmembers: Carolyn Morris, Keith Shankland, and Tom Stephen. CITY COUNCIL ABSENT Mayor Pro Tern W. Ralph Evans and Councilmember Greg Standerfer STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Executive Secretary Kim Bush, Planning Director Bruce Payne, Senior Planner Dennis Killough, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Public Works Director Valerie Bradley, Finance Director Sharen Elam, Economic Development Director Greg Last, Economic development Specialist Betsy Boyett, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Interim Chief of Fire Robert Finn, Chief of Police Marlin Price, Deputy Director of Administrative Services Garland Wilson, Director of Human Resources Kevin Hugman, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Wambsganss at 5:47 p.m. City Council reviewed the agenda items with city staff and applicants. Council added the following agenda items to the consent agenda: Items 7E to table, 8C, 8D, 10A, IOB, and IOC. REGULAR SESSION Agenda Item No. 1, Call to order: The regular session was called to order by Mayor Wambsganss at 6:17 p.m. 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; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:24 p.m. Executive Session began at 6:26 p.m. and ended at 7:05 p.m. Agenda Item No. 213, Reconvene Mayor Wambsganss reconvened the regular meeting at 7:13 p.m. Motion was made to direct staff and the City Attorney's office to proceed with a letter of intent and contract negotiations for the sell of city -owned property at Pearson Lane and F.M. 1709. Motion: Potter Second: Stephen Ayes: Stephen, Shankland, Morris, Potter, Wambsganss Nays: None Approved: 5 -0 UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE I OF 15 Agenda Item No. 3: The invocation was presented by Keith Shankland. Mayor Wambsganss led the audience in the Pledge of Allegiance. Agenda Item No. 4, Reports A. Mayor's Report: The Mayor announced upcoming meetings and events. B. City Manager's Report: The City Manager introduced Robert Finn as the new Deputy Director /Chief of Fire Services. C. Parks and Recreation Board Report: Mary Georgia and Liz Durham updated Council on Parks Board meetings as well as progress on the Liberty Garden. D. Library Board Report: A written report was provided to Council. E. Southlake 2025 Committee Report: Jeff Wang updated Council on recent and future Committee meetings. F. SPIN Report: David Baltimore updated Council on recent and upcoming SPIN meetings. G. Local Business Report: Director of Economic Development Greg Last introduced Greg Wilman who introduced Council to his new business, Farpointe Cellar. CONSENT AGENDA 5A. Approve the minutes of the regular City Council meeting held on July 15, 2003, and of the special City Council meeting held on July 29, 2003. Approved as presented. 5B. Approve the Tarrant County Tax Collection Contract for FY 2003 -04 Since 1982, the Tarrant County Tax Assessor /Collector has collected property taxes for the City of Southlake. The renewal contract has been presented to the City for collection of the 2003 taxes for the fiscal year beginning October 1, 2003. Tarrant County charges $.50 per financial transaction, defined as a payment or refund on an account. The transaction fee is a very reasonable charge for the service provided. Southlake would spend far in excess of the $5,500 budgeted for this service in personnel costs alone if the tax collection was done by the city. 5C. Authorize the City Manager to execute a Right -of -Way Encroachment Agreement with the developer of Vermilion Addition for construction of an entry feature The developer of Vermilion Addition, Wilbow - Southlake Development Corporation, has submitted a request to City staff to construct an entry feature separating the residential lots from the office lots. This entry feature will consist of a small (18 "x18 ") stone column on each side of the roadway with a removable wrought iron fence attached to larger columns on the private office lots. The developer will be required to provide liability insurance and then require the owner of the two office lots to maintain the liability insurance once those lots are sold, if this encroachment agreement is approved. 5D. Resolution No. 03 -044. Authorize the Citv Manager to enter into a Texas municibal lease- purchase agreement between Government Capital Corporation and the City of Southlake for the procurement of a 2003 Ambulance Type 1 14' Frazer GPM In September 2002, City Council approved, through its budget adoption, the expenditure of $28,000 for the lease - purchase of a new ambulance. Utilizing the state bid process, Director Rick Black and his staff have secured a lease - purchase agreement with Government Capital Corporation. The agreement requires a commitment of the City over the next six years with annual payments less than $26,000. UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 2 OF 15 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION REGARDING A LEASE PURCHASE AGREEMENT FOR THE PURPOSE OF PROCURING "ONE (1) AMBULANCE TYPE I 14' FRAZER GPM. 5E. Resolution No. 03-047, revisions to the Southlake Public Library's Borrower Privileges and Responsibilities Policy to establish minimum age requirements for obtaining a library card and establishing requirements to obtain a Carroll Independent School District student, non - resident (free) library card The Library Board has been reviewing approved policies in order to address issues that have arisen since the opening of the Library in the fall of 2001. The proposed revisions to the Borrower Privileges and Responsibilities Policy include the following items: 1) to lower the minimum age for obtaining a library card from eighteen (18) years of age to sixteen (16) years of age; and 2) to establish regulations for obtaining a Carroll ISD student, non - resident (free) library card. There are a number of drivers for these proposed policy revisions, one being the feedback received in communications to complete the Together We Grow: Library and Community in Partnership fundraising campaign completed in this fiscal year. Another is feedback received in discussions with different levels at the Carroll ISD, and the increase in the size of the collection over the course of 2003 (which provides flexibility in reviewing the policy limitations on card access). The proposed revisions are targeted to remove identified barriers to coordination between the library and the School District and it was communicated to the Board and city staff that these changes would increase the likelihood of the schools not only using the Library as a resource, but increase student use of the facility as well. The proposed policy revision regarding the minimum age does not lower the required minimum age for checking out videocassettes and DVD's, which remains at 18 years of age. The City Council approved the policy to obtain a Carroll ISD employee (free) library card at their April 15, 2003, meeting. The Library Board approved a recommendation to lower the minimum age to obtain a library card from 18 years of age to 16 years of age at their April 23, 2003, meeting, and approved a recommendation to allow a CISD students to obtain non - resident (free) library card at their May 28, 2003, meeting. 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, ADOPTING REVISIONS TO THE SOUTHLAKE PUBLIC LIBRARY'S BORROWER PRIVILEGES AND RESPONSIBILITIES POLICY TO ESTABLISH MINIMUM AGE REQUIREMENTS FOR OBTAINING A LIBRARY CARD AND ESTABLISHING REQUIREMENTS TO OBTAIN A CARROLL INDEPENDENT SCHOOL DISTRICT STUDENT, NON- RESIDENT (FREE) LIBRARY CARD. 5F. Resolution No. 03 -064, Approve a revision to the Southlake Public Library's Hours of Operation Policy regarding Saturday hours of operation The Library Board held a planning retreat in October 2002 and identified goals and objectives for the coming year. One identified target was to complete a review of the hours of operation. This item was discussed at the May Board meeting and was on the June meeting agenda as an item for consideration. The current hours of operation total 44 hours per week, operating on a six UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 3 OF 15 day schedule, Monday through Saturday. One major issue was adding Sunday hours. There are alternatives for achieving this objective, keeping a six day schedule and re- allocating hours from one day to another or moving towards a seven day operating schedule. In developing an alternative schedule that attempted to meet a diverse range of objectives, staff recommended a six day schedule that included Sunday hours of operation and would close the Library on Fridays. In their consideration, the Board determined at this time to recommend to the City Council a revision of the Saturday hours of operation (currently 10:00 a.m. to 2:00 p.m.) to 12:00 p.m. to 4:00 p.m. Analysis of Saturday usage suggests that afternoon hours would be more efficient and effective for the patrons than the current combined morning and afternoon hours of operation. The Board approved this recommendation at their June 25 meeting. 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, ADOPTING REVISIONS TO THE SOUTHLAKE PUBLIC LIBRARY'S HOURS OF OPERATION POLICY REGARDING SATURDAY HOURS OF OPERATION. 5G. Authorize the City Manager to enter into an Interlocal Agreement for the purpose of cooperative purchasing of goods, products, and /or services relating to public safety services with the Cities of Bedford, Grapevine, Keller, Crowley, and Haltom City In 1998, the cities of Bedford, Grapevine, Keller, Crowley and Haltom City entered into an interlocal agreement for the purchases of fire personnel uniforms and related equipment. Participating cities have realized a savings of 11% in uniform purchasing alone. The agreement will allow DPS to make cooperative purchases with the cities entering into the agreement for the purchase of goods, products, and /or services with similar savings to those achieved by the participating cities. 7E. Resolution No. 03 -046, Approval of a Mass Gathering Permit for events associated with Oktoberfest, on property described as Southlake Town Square, Phase L This item has been tabled to the August 19 Council meeting. 8C. ZA03 -051, Plat Revision, Lots 6 through 12, Block 3, Cimmarron Acres Addition. Senior Planner Dennis Killough presented this item to Council during work session. This plat includes the City's commercial and residential properties located next to the ground storage tanks at Pearson Avenue and West Southlake Boulevard. The purpose of this plat is to subdivide a ± 4,000 SF lot off the corner C -2 property for a future portal monument and to dedicate some R.O.W. for future improvements on Pearson and easements for drainage, water and sewer improvements. 8D. Ordinance No. 717 -D, 1 st Reading, Amending Ordinance No. 717, designating the speed limit within the Park Place Addition as 25 mph The Public Works Department has received a petition of request from the Park Place Homeowners Association for the City Council to consider reducing the speed limit in the Park Place Addition to 25 mph. The petition includes the signatures of 79.5% of the property owners in the Park Place Addition. Historically, the City Council has requested that a minimum of 75% of property owners in the subdivision petition the City Council for a change in the speed limit. The Park Place Addition is located on the east side of South Peytonville Avenue south of and adjacent to UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 4 OF 15 Carroll High School. The cost of changing the speed limit will be in the range of $400 to $600, depending upon the number of signs needed. Funds for this project are available in the current street maintenance operating budget. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 717, AND CHAPTER 18, "TRAFFIC AND VEHICLES ", OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED, BY; DESIGNATING THE SPEED LIMIT WITHIN PARK PLACE ADDITION AS 25 MILES PER HOUR; DIRECTING THE DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS; 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. 10A. Consider establishing a Senior Transportation Task Force Director of Community Services Malcolm Jackson presented this item to Council during work session. During the July 15, 2003, City Council meeting, staff provided general information regarding the past and present state of senior and disabled transportation services within Southlake, including the possibility that reductions in donations and demands on volunteer time might result in Call -A -Ride Southlake, Inc., ceasing service by the end of the calendar year. Based on this information, Council provided direction to staff to initiate the process of establishing a task force to study the critical issues and alternatives regarding transportation services within Southlake. The proposed task force would be charged with studying and recommending options for the provision of transportation services to seniors and disabled within the community with the goal of identifying alternatives and /or adjustments to the current process which might ensure long term stability and success for the program. The task force would study the issues, analyze various options, and develop a report including recommendations to be presented to the City Council at a future meeting, preferably prior to the final adoption of the FY03 -04 budget. A multifaceted composition would be anticipated for the task force in order to maximize input and provide a balanced view of needs for all entities potentially impacted. It is recommended that the task force consist of one member to be appointed by Call -A -Ride Southlake, Inc., two members to be appointed by the Southlake Senior Advisory Commission, two representatives from the City Council and two staff representatives, one of whom would chair the task force and be appointed by the Director of Community Services. There are no initial costs associated with establishing a senior transportation task force; however, future financial considerations may vary widely depending upon the option or alternative ultimately selected. During work session, Council agreed to appoint Councilmembers Carolyn Morris and Keith Shankland to this task force. IOB. Authorize the City Manager to enter into a Scope of Services Agreement with Call -A- Ride Southlake, Inc Director of Community Services Malcolm Jackson presented this item to Council during work session. CARS is a non - profit organization founded in 1999 to provide transportation services to seniors and the disabled within Southlake. CARS utilizes a handicap accessible van and the personal vehicles of approximately 48 volunteers to provide on average over 140 one -way rides per month to seniors and the UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 5 OF 15 disabled in Southlake. The CARS service area is a seven mile radius for regular rides such as shopping and senior center visits, with a twenty -five mile radius for medical and dental appointments. Based on the information provided by CARS, the minimal annual cost to operate their service is $20,000. This provides for staff costs (part- time), fuel, insurance, and maintenance of the van. Office space is provided to CARS at the DPS East facility by the City at no cost. Funding for CARS is acquired annually through donations from individuals, the Southlake Newcomers Club, Southlake Women's Club, as well as grants, annual fundraisers, the United Way, and the scope of services agreement with the City of Southlake. During recent staff discussions regarding senior transportation issues, it was confirmed that a scope of services agreement is not currently in place between the City and CARS. Staff has prepared a draft scope of services agreement based on the previous year agreement with no substantive changes apart from the reduction in funding from $15,000 in fiscal year 2001 -02 to $5,000 in fiscal year 2002 -03. IOC. Authorize the City Manager to enter into a Professional Services Agreement with Palmer Price, Inc., for implementation of a Drainage Utility System for the City of Southlake Diane Palmer of Palmer Price, Inc., presented this item to Council during work session. During the Council retreat on June 19 and June 20, 2003, a presentation was made to the City Council on the creation of a Drainage Utility System (DUS) as a possible funding source for future drainage improvements. Council indicated that favorable consideration will be given to this matter if staff brings this matter forward. After a careful background check of the proposed consultant's work history, staff has received a proposal from Palmer Price, Inc., to prepare and implement steps toward creation of a Drainage Utility System (DUS). Listed are the tasks required for performance by the consultant for successful completion of this project: Legal Authority Research; Storm Water Utility Cost of Service; 5 Year Cash Flow Model; Storm Water Utility Fee Database; Storm Water Utility Rate Design; Benchmark Survey of Rates; Storm Water Utility Documentation; Community Awareness Plan; Public Hearings; Utility Billing System Interfaces; and Initial Storm Water Billing. Funds for this project in the amount of $91,500 are available from the 2002 -2003 CIP (localized drainage projects). Motion was made to approve Items 5A; 513; 5C; 513; 5E; 5F; 5G; 7E to table and to continue the public hearing to August 19, 2003; 8C subject to Plat Review Summary No. 1, dated July 11, 2003; 813; 10A appointing Councilmembers Carolyn Morris and Keith Shankland; lOB; and IOC. Item 5A Motion: Potter Second: Morris Ayes: Morris, Stephen, Wambsganss Nays: None Abstained: Shankland, Potter Approved: 3 -0 -2 Items 5A: 513: 5C: 5D: 5E: 5F: 5G: 7E to table and to continue the bublic hearing to August 19 2003, 8C subject to Plat Review Summary No. 1, dated July 11, 2003, 8D; 10A appointing Councilmembers Carolyn Morris and Keith Shankland; IOB, and IOC Motion: Potter Second: Morris Ayes: Shankland, Morris, Potter, Stephen, Wambsganss UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 6 OF 15 Nays: None Approved: 5 -0 REGULAR AGENDA: Agenda Item 6. Public Forum No one spoke during the public forum Agenda Item 7A. Ordinance No. 853, 2nd Reading, Appointing a Municipal Judge and authorizing the Mayor to execute an agreement with the Municipal Judge and providing an effective date The proposed ordinance and agreement are included in your packet information. As you will recall from first reading, the Judge's current agreement is effective from July 17, 2001, through July 17, 2003. The new agreement reflects a 2% salary increase which will be retroactive to July 1, 2003, and also includes a 2% salary increase for July 2004. Motion was made to approve Ordinance No. 853, 2nd Reading. Motion: Potter Second: Shankland Ayes: Morris, Potter, Stephen, Shankland, Wambsganss Nays: None Approved: 5 -0 Agenda Item 7B. Ordinance No. 717 -C, 2nd Reading, Amending Ordinance No. 717 and 717 -13; designating the speed limit within The Dominion Addition as 25 mph Deputy Director of Public Works Charlie Thomas presented this item to Council. The Departments of Public Safety and Public Works have been working with The Dominion Homeowners Association to investigate and reduce speeding concerns in their neighborhood. The Public Works Department has received a petition from property owners for the City Council to reduce the speed limit in The Dominion addition to 25 mph. The petition includes 76% of the property owners in The Dominion. Historically, the City Council has requested that a minimum of 75% of property owners in the subdivision petition the City Council for a change in speed limit. The cost for changing the speed limit signs will be in the range of $400 to $600, depending upon the number needed. Funds for this project are available in the current street operating budget. City Council approved the 1 st reading for Ordinance No. 717 -C on July 15, 2003. Deputy Mayor Pro Tern Potter asked if the speed limits can be reduced in all residential neighborhoods at the same time. He asked staff to consider that possibility rather than bringing ordinances to Council one neighborhood at a time. City Attorney Allen Taylor said the city would need to do a cost analysis for budgetary planning purposes to determine signage costs if these changes were made. He stated that in the absence of signage on conventional streets, the maximum permissible speed is 30 mph. In order to make the 25 mph change enforceable, staff would need to establish the correct distance and place 25 mph signs on all of these streets. If the streets are not signage marked, they are 30 mph. Public Hearing opened. Tom Morris, 403 St. Charles Court, Southlake, Texas, spoke in favor of this request on behalf of The Dominion Homeowner's Association. Public Hearing closed. UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 7 OF 15 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 717, 717 -13, AND CHAPTER 18, "TRAFFIC AND VEHICLES ", OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED, BY; DESIGNATING THE SPEED LIMIT WITHIN THE DOMINION ADDITION AS 25 MILES PER HOUR; DIRECTING THE DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS; 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. Motion was made to approve Ordinance No. 717 -C, 2nd Reading. Motion: Potter Second: Stephen Ayes: Potter, Stephen, Shaul {land, Morris, Wambsganss Approved: 5 -0 Agenda Item 7C. Resolution No. 03 -059, (ZA03 -046) Specific Use Permit for special events associated with Oktoberfest, on property described as Southlake Town Square, Phase I. Senior Planner Dennis Killough presented this item to Council. This event is proposed in the Southlake Town Square on October 3rd — 5 2003. This event is organized by the Chamber of Commerce and Southlake Town Square and is the same as last year's event. The P &Z Commission recommended approval of this request. Applicant Rick Lott, 1529 Camp Mountain Trail, Keller, Texas, made a presentation and answered Council's questions. Chief of Police Services Marlin Price addressed public safety issues. He also stated that the next DPS Citizen's Academy begins in September and lasts for 12 weeks and stated that interested persons may contact DPS. 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 SPECIAL EVENTS ASSOCIATED WITH "OKTOBERFEST" ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE I, AND BEING 42.013 ACRES, 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. Motion was made to approve Resolution No. 03 -059 (ZA03 -046). Motion: Potter Second: Morris Ayes: Stephen, Shankland, Morris, Potter, Wambsganss UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 8 OF 15 Nays: None Approved: 5 -0 Agenda Item 7D. Resolution No. 03 -060, (ZA03 -047) Specific Use Permit for the sale of alcoholic beverages during the special events of Oktoberfest, on property described as Southlake Town Square, Phase L Senior Planner Dennis Killough presented this item to Council. This request is limited to the days of the event and within the area designated for the event. The P &Z Commission recommended approval. 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 THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE I, AND BEING APPROXIMATELY 42.013 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -060 (ZA03 -047). Motion: Potter Second: Shankland Ayes: Shankland, Morris, Potter, Stephen, Wambsganss Nays: None Approved: 5 -0 Agenda Item 7F. Ordinance No. 480 -422, (ZA03 -030) 2nd Reading, Zoning Change and Site Plan for Westgate Plaza. Senior Planner Dennis Killough presented this item to Council. This property is located on the north side of State Highway 114, approximately 860' west of Park Boulevard in Grapevine. The current zoning on the property is C -3 General Commercial District. This property is part of a larger land ownership located within the City of Grapevine and is part of a comprehensive development with properties that are located in Southlake and Grapevine. The size of the property located within Southlake has little or no area to accommodate a building. The zoning change is being requested so that the property may be allowed to have parking as a principal use. Under a straight C -3 zoning district, parking is only permitted as an accessory to a principal C -3 use. The P &Z Commission recommended approval on June 19, 2003, subject to review, granting the requested variance in stacking depth. The City Council approved the first reading of this item July 15, 2003, subject to the recommendation made by the P &Z. There have been no changes since the first reading. 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: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 9 OF 15 TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF TRACTS 2E2, 2E5, 2E6, 2E9B, AND 2E14, SITUATED IN THE T. EASTER SURVEY, ABSTRACT NO. 458, AND BEING APPROXIMATELY 1.02 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -3" GENERAL COMMERCIAL DISTRICT TO "S -P -l" DETAILED SITE PLAN DISTRICT WITH "C -3" GENERAL COMMERCIAL DISTRICT USES TO INCLUDE PARKING AS A PERMITTED PRINCIPAL USE, 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. Motion was made to approve Ordinance No. 480 -422 (ZA03 -030) 2nd Reading, subject to Revised Site Plan Review Summary No. 3, dated August 1, 2003, and subject to P &Z's recommendations. Motion: Potter Second: Morris Ayes: Morris, Potter, Stephen, Shankland, Wambsganss Nays: None Approved: 7 -0 Agenda Item 7G. ZA03 -035, Site Plan for Next Century Dental Senior Planner Dennis Killough presented this item to the Council. This property is located on the north side of the service road for SH 114 and approximately 775' east of Shady Lane. The current zoning is C -3 General Commercial District and the land use designation is Office Commercial. The plan proposes an 8,100 SF dental office and 11,250 SF future office /retail building on an approximately 2.4 acre lot. Elevations for the future building will be provided as part of a revised site plan to be approved by P &Z and City Council prior to construction. There are no variances requested. The Planning and Zoning Commission recommended approval as presented, subject to the site plan review summary. Applicant Wayne Flores, GSWW Engineers, Inc., answered Council's questions. Council expressed concerns regarding the appearance of the back of the building which faces SH114. Mr. Flores apologized to Council for the miscommunication on his part and said it is his intent to make the back of the building look very much like the front of the building. He agreed for Council to make that part of their motion to approve this item. He said the perimeter fencing will consist of 8' wood fencing with metal posts. Public Hearing opened. UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 10 OF 15 Dr. Joe Bonola, 1800 Berrington, Roanoke, Texas, is the owner of this property. He said he has no intention of putting up an ordinary stockade fence. He will make sure the fence is of the highest quality. He may even place columns every 20' or so made of the same materials as the building. Public Hearing closed. Motion was made to approve ZA03 -035 subject to Site Plan Review Summary No. 3, dated July 11, 2003, recognizing the applicant's agreement to make the back elevation similar in appearance to the front elevation for features such as the entrance, window treatments, lamps, landscaping, and shutters because it is visible from SH114. Motion: Potter Second: Shankland Ayes: Potter, Stephen, Shankland, Morris, Wambsganss Nays: None Approved: 5 -0 Auenda Item 7H. ZA03 -038. Preliminary Plat for Bonola Familv Addition. Senior Planner Dennis Killough presented this item to the Council. This is the plat associated with the previous agenda item. The plat encompasses 8.2 acres of land northeast of the intersection of the north side of SH 114 and Shady Lane. The plat subdivides a 2.4 acre lot for the dental office and a 5.8 acre lot for future development. There are no unresolved issues regarding the plat. The P &Z Commission recommended approval subject to the preliminary plat review summary. Deputy Mayor Pro Tem Potter stated the documents show varying sidewalk widths and said that needs to be cleared up in order to be consistent with one another. Motion was made to approve ZA03 -038 subject to Plat Review Summary No. 3, dated July 11, 2003. Motion: Potter Second: Stephen Ayes: Stephen, Shankland, Morris, Potter, Wambsganss Nays: None Approved: 5 -0 Auenda Item 7I. Resolution No. 03 -058. (ZA03 -044) Snecifc Use Permit for the sale of alcoholic beverages at Blue Mesa Cafe Senior Planner Dennis Killough presented this item to the Council. Blue Mesa Cafe is to be located in the east building currently under construction in the southeast corner of Southlake Town Square, just west of the old RoomStore building. The P &Z Commission recommended approval. Applicant Jim Barin, President of Blue Mesa, 6540 Forest Creek, Dallas, Texas, answered Council's questions. He said his lease is for ten years. 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 THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE ll OF 15 TRACT 2A5, SITUATED IN THE R. EADS SURVEY, ABSTRACT NO. 481, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -058 (ZA03 -044) for a period of ten years to be consistent with the lease. Motion: Potter Second: Shankland Ayes: Shankland, Morris, Potter, Stephen, Wambsganss Nays: None Approved: 5 -0 Councilmember Tom Stephen abstained from Agenda Item 7J (ZA03 -048) and left the meeting room. He submitted a Conflict of Interest Affidavit for this item to the City Secretary's Office. Agenda Item 7J. ZA03 -048, Site Plan for The Whitehouse at Bicentennial Commercial Office Complex. Senior Planner Dennis Killough presented this item to the Council. This site is located at the northeast corner of West Southlake Boulevard (FM 1709) and the entrance drive to Bicentennial Park. The current zoning is C -2 local retail commercial district. The plan also proposes constructing 50 of the 87 provided parking spaces on the adjoining park property to be used by the offices during weekdays and the park on nights and weekends. The reciprocal parking agreement proposed went before the Park Board on June 8, 2003 and was recommended for approval. This agreement is still under review by the city attorney and should come before the City Council for approval as a resolution in the near future. If this site plan is approved, it will be conditioned upon approval of the parking agreement. No building permit will be issued until approval and filing of the agreement occurs. An earlier plan was submitted to the P &Z Commission who recommended approval subject to the site plan review and granted the stacking variance. Applicant F.C. LeVrier, Sun Coast Architects, 1725 E. Southlake Boulevard, Southlake, Texas, answered Council's questions. Mr. LeVrier stated he is not asking for signage approval at this time. He stated they will use white brick. No one spoke during the public hearing. Motion was made to approve ZA03 -048 subject to Site Plan Review Summary No. 2, dated July 11, 2003, and accepting the applicant's revised site plan dated August 4, 2003, and granting the variances included in that site plan. Motion: Potter Second: Shankland Ayes: Morris, Potter, Shankland, Wambsganss Nays: None Abstains: Stephen Approved: 4 -0 -1 Councilmember Stephen re- joined the meeting. Agenda Item 7K. Resolution No. 03 -061, (ZA03- 050 )Specific Use Permit for the sale of alcoholic beverages at Jack's Restaurant. Senior Planner Dennis Killough presented this item to UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 12 OF 15 the Council. Jack's is to be located in the eastern building tier of the Kroger /Village Center Shopping Center. The P &Z Commission recommended approval. Applicant Jack Shaw, 7928 N. McArthur, Irving, Texas, answered Council's questions. He said he has a five year lease with a five year option. 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 THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, VILLAGE CENTER, PHASE 1, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -061 (ZA03 -050) for an initial term of five years with an automatic five -year extension upon the applicant's extension of the lease (to be consistent with the lease terms). Motion: Potter Second: Morris Ayes: Potter, Stephen, Shankland, Morris, Wambsganss Nays: None Abstains: None Approved: 5 -0 Mayor Wambsganss called for a break at 9:00 p.m. and called the meeting back to order at 9:09 p.m. Agenda Item 8A. Ordinance No. 480 - 421 ,(ZA03 -023) 1 st Reading, Zoning Change and Development Plan for Estes Park Senior Planner Dennis Killough presented this item to the Council. This 31.3 acre property is located on the south side of East Dove Street, 900' east of Ridgecrest Drive. The land use designation is Low Density Residential. The current zoning on the property is AG and the proposed zoning is RPUD. This application was originally submitted as an SF -20A zoning request with a concept plan proposing 48 lots averaging approximately 24,000 SF, a density of 1.5 DU /Ac. and no open space. Following public comment and direction from the P &Z, the applicant amended the request to an RPUD and tabled to revise the plan. The resulting plan proposed 49 lots averaging 19,000 SF, a density of 1.6 DU /Ac. and 3.3 acres of open space (11 %). At the P &Z meeting on July 17, the applicant presented an alternate plan having 46 lots, average lot size unknown, with a density of 1.5 and approximately 4.4 acres of open space (14 %). The P &Z Commission recommended approval subject to development plan review summary No. 4, dated July 11, 2003, specifically stipulating the approval of the plan containing 46 lots; that the perimeter fencing will be at least 6' high, made of rod iron, with posts placed in such a way that it will preserve existing trees; a berm with appropriate ground cover will be installed in the lot owned by Paul and Marsanne Howard adjacent to those identified in the plan as lots 13 & 14 of Estes Park; subject to compliance with noise level reduction as UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 13 OF 15 specified in Ordinance 479; there will be a 20' buffer line installed along the north side of lot 14 as identified in the Estes Park plan; and within that buffer line, no trees will be removed. The Mayor allowed audience members to speak. Ron Cullum, 745 E. Dove, Southlake, Texas, spoke in support of this request and submitted approximately 100 letters in support to Council. Applicant Paul Spain, 395 W. Northwest Parkway, Suite 300, Southlake, Texas, made a presentation to Council and answered Council's questions. Jan Francis, 1211 Ashmoore Court, Southlake, Texas, did not speak but recorded her support. Marsanne Howard, 535 E. Dove Road, Southlake, Texas, spoke in support of this request. She stated that her support is contingent upon adoption in writing of the P &Z action on July 17, 2003, which allows for protection for her property which is immediately adjacent to this proposed development. Michael Francis, 1804 Kingsbridge Lane, Keller, Texas, spoke in support of this request and represented his in -laws, Walt and Cookie Estes. Scott Martin, 591 E. Dove Road, Southlake, Texas, spoke in support of this request. He is in favor of the PUD concept and the use of pieces of art throughout the parks. The Mayor clarified that there will be a mandatory Homeowner's Association, and Mr. Spain said yes. Motion was made to approve Ordinance No. 480 -421 (ZA03 -023) 1 st Reading, recognizing the uniqueness of the area to warrant deviation from the Land Use Plan and subject to P &Z's motion and recommendations of July 17, 2003. Motion: Shankland Second: Morris Ayes: Stephen, Shankland, Morris, Potter, Wambsganss Nays: None Approved: 5 -0 Agenda Item 8B. Ordinance No. 480 -423, (ZA03 -029) 1 st Reading, Zoning Change and Concept Plan for Stratfort Parc Senior Planner Dennis Killough presented this item to the Council. This is a 14.6 acre property located on the west side of South White Chapel Boulevard, 600' south of West Southlake Boulevard (FM 1709). The land use designation is Medium Density Residential, the current zoning is AG and SF -lA. The proposed zoning is SF -20A. The plan proposes 23 lots averaging ± 24,000 SF and a density of 1.6 DU /Ac. There are no variances requested. The P &Z Commission recommended approval subject to the concept plan review. Applicant John Fegan, 412 Briarcliff Court, Colleyville, Texas, made a presentation and answered Council's questions. Motion was made to approve Ordinance No. 480 -423 (ZA03 -029) 1 st Reading, subject to Concept Plan Review Summary No. 3, dated June 13, 2003. Motion: Stephen Second: Shankland Ayes: Shankland, Morris, Potter, Stephen, Wambsganss UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 14 OF 15 Nays: None Approved: 5 -0 Agenda Item 14. Meeting Adjourned With there being no further business to discuss, Mayor Wambsganss asked for a motion to adjourn the meeting at 10:19 p.m. Motion: Stephen Second: Shankland Ayes: Stephen, Shankland, Morris, Potter, Wambsganss Nays: None Approved: 5 -0 Andy Wambsganss Mayor ATTEST: Lori A. Farwell City Secretary UNOFFICIAL CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 15 OF 15