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Item 5ACity of Southlake CITY COUNCIL MEETING February 4, 2003 MINUTES CITY COUNCIL PRESENT Mayor Rick Stacy, Mayor Pro Tern W. Ralph Evans, Deputy Mayor Pro Tern Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter, Tom Stephen, and Keith Shankland. CITY COUNCIL ABSENT None STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Planning Director Bruce Payne, Senior Planner Dennis Killough, Senior Planner Ken Baker, 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 Public Safety Rick Black, Human Resources Director Kevin Hugman, Acting Director of Community Services Malcolm Jackson, Chief of Police Marlin Price, Professional Standards Coordinator Robert Finn, Secretary to the City Manager Kim Bush, Deputy City Secretary Tara Brooks, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Stacy at 5:32 p.m. City Council reviewed the agenda items with city staff and applicants. Brian Stebbins of Cooper and Stebbins submitted a letter to table Items 7C, 7D, and 7E, and read the letter into the record (the letter will be attached to the minutes as part of the permanent record). Council agreed to table Items 7C, 7D, 7E, 7F, 7G, 7H, and 7I to the March 4, 2003, City Council meeting. The Council decided to hold a work session on February 20, 2003, at 6:30 p.m., in the Training Rooms on the third floor to further discuss the Town Square items. The Mayor said he would like to see the Council members take a neutral position on this issue and let Mr. Stebbins sell this idea to the public. He said a referendum could be placed on the May ballot so that the public could decide if they want Brownstones in Town Square or not. REGULAR SESSION Agenda Item No. 1, Call to order The regular session was called to order by Mayor Stacy at 6:05 p.m. Agenda Item No. 2A, Executive Session Mayor Stacy 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 UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2003, PAGE 1 OF 12 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:05 p.m. Executive Session began at 6:05 p.m. and ended at 7:06 p.m. Agenda Item No. 213, Reconvene The Mayor reconvened the regular meeting at 7:09 p.m. Agenda Item No. 3A . The invocation was presented by Coy Quesenbury, Lonesome Dove Baptist Church. The Mayor led the Pledge of Allegiance. A 30- second message to parents from the Drug and Alcohol Awareness Committee was presented. Agenda Item No. 4, Reports A. Mayor's Report: The Mayor announced upcoming meetings and events. B. City Manager's Report: None. C. Parks and Recreation Report: Bobby Rawls updated the Council on the construction of Bob Jones Park. D. SPIN Report: Jeff Wang discussed the Dallas Burn's contract to use Dragon Stadium and the development of an office complex in SPIN #7. E. Local Business Report: Economic Development Director Greg Last introduced Shelly Claffey - Broder of Claffey Pools who introduced her local business to the Council. Consent Agenda 5A. Approval of the minutes of the City Council regular meeting held on January 21, 2003. Approved as presented. 5B. Resolution No. 03 -016, Authorizing the Mayor to execute a quitclaim deed for a water line easement in Tract 3 of the W.E. Mayfield Addition now located in Gateway Plaza, Phase IL In January, 1966, the owner of Tract 3 of the W.E. Mayfield Addition dedicated a 10- foot wide easement for the installation and maintenance of a water line with the centerline of the easement being the pipe line as installed. That water line is no longer in existence since the re- development of this property as Gateway Plaza II, and there is no need for this easement since the developer has installed new water lines in other easements to serve the property. The owner and developer of the Big Bowl Restaurant located the northeast corner of FM 1709 and North Nolen Drive in Gateway Plaza 11 has made a written request to the City to abandon this old easement so that the title will be clear, and they can proceed with the development of the property. 5C. Resolution No. 03 -017, Authorizing the Mayor to execute a quitclaim deed for a water line easement in Lot 1, Block 1, Sabre Group Campus. On January 18, 1999, the final plat was approved for Sabre Group Campus. At that time, a 12 -inch public water line crossed the property. The construction plans included the relocation of a portion of that 12 -inch water line to accommodate the construction of buildings. The construction of the new 12 -inch water line is complete and has been accepted by the City. Sabre is now requesting that the City abandon that portion of the water line easement that is no longer needed by the City. The City Engineer has reviewed this request and has determined that this section of water line easement is no longer needed. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2003, PAGE 2 OF 12 5D. Authorize the Mayor to execute an amendment to the April 30, 1996, lease agreement with Verizon Wireless for the placement of an antenna system on the Bicentennial Water Tower. Verizon has agreed to amend the April 30, 1996, lease for antennas on the Bicentennial water tower. Three major changes are proposed: the lease rate would change from $12,696 to $22,000 per year; the City would agree to extend the contract term for 25 years; and a 5% annual increase in rent would be added to the agreement. To ensure Southlake is collecting competitive lease payments, staff conducted a rate study and found the average annual rate for wireless communication antenna leases to be $19,302. If the annual rate is raised from $12,696 to $22,000 and the rent is increased 5% annually, the additional revenue over the next five years will be $54,275.89. 5E. Authorize the Mayor to execute an amendment to the July 18, 1996, lease agreement with Verizon Wireless for the placement of a wireless communication antenna system on the Florence Water Tower. Verizon has agreed to amend the July 18, 1996, lease for antennas on the Florence water tower. Three major changes are proposed: the lease rate would change from $12,696 to $22,000 per year; the City would agree to extend the contract term for 25 years; and a 5% annual increase in rent would be added to the agreement. To ensure Southlake is collecting competitive lease payments, staff conducted a rate study and found the average annual rate for wireless communication antenna leases to be $19,302. If the annual rate is raised from $12,696 to $22,000 and the rent is increased 5% annually, the additional revenue over the next five years will be $54,275.89. 5F. Authorize the Mayor to execute a developer's agreement for Lot 1, Block 1, Pecan Creek The final plat for Pecan Creek, Lot 1, Block 1, was approved on January 9, 2003. This agreement covers the construction of 598 feet of water line and 792 feet of sanitary sewer lines. There are no requests for credits, waivers, or variances to the standard developer's agreement. The developer will pay a park fee in the amount of $1,395. 5G. ZA02 -108, Plat Revision For Lots 3R & 4R, Block 1, Southview Phase L The property is located at 505 and 1000 Southbend Trail, being approximately 1.21 acres. The purpose of this plat is to relocate the common property line between the lots to address a driveway pavement encroachment and to abandon a utility easement located along the existing lot line. There are no utilities within the easement and no unresolved issues with this request. The Planning and Zoning Commission recommended approval subject to review on January 23, 2003. 5H. Authorize the Mayor to execute an addendum to the developer's agreement for Town Square, Phase I and Phase 11 . The auditor's report of the developer's agreement is complete, and the developer has offered to accept $3,925,000 as full reimbursement for Phase 1 and Phase 2. This agenda item was included on the agenda to finalize the developer's agreement reimbursement terms. The reimbursement to Cooper & Stebbins will be included with the bond sale scheduled for early spring. The city attorney has drafted an addendum to the Developer's Agreement detailing the terms of payment. 5I, 5J, 5K. Resolution No. 03- 013,(ZA02 -119) Specific Use Permit for Special Events to allow a concert associated with Art in the Square; Resolution No. 03- 014,(ZA02 -120) Specific Use Permit for the sale of alcoholic beverages during the special events concert associated with the events of Art in the Square; and Resolution No. 03- 015,(ZA02 -121) Specific Use Permit for the sale of a of alcoholic beverages associated with the events of Art in the UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2003, PAGE 3 OF 12 Square. The applicant has requested to table these items until the next Council meeting to be held February 18, 2003, to allow time for processing of a mass gathering permit. 5L. Ordinance No. 839, 2nd Reading, Changing street names of Oaklane North and Oaklane South to Pin Oak Circle Tabled to the February 18, 2003, City Council Meeting. 7C. Ordinance No. 480 -224a, lst Reading - (ZA02 -042) Zoning Change and Concept Plan for Southlake Town Square, located on the south side of State Highway 114, north side of East Southlake Boulevard (F.M. 1709) and east side of North Carroll Avenue. Current Zoning_ NR -PUD Non - Residential Planned Unit Development District. Requested Zoning: NR- PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8 Tabled to the March 4, 2003, City Council meeting. 7D. ZA02 -043, Development Plan for Southlake Town Square, Phase IV, located on the east side of Central Avenue, north side of East Southlake Boulevard and the south side of State Highway 114. Current Zoning: NR -PUD - Non - Residential Planned Unit Development District. SPIN Neighborhood #8 . Tabled to the March 4, 2003, City Council meeting. 7E. ZA02 -044, Preliminary Plat for Southlake Town Square, Phase IV, located on the east side of Central Avenue, north side of East Southlake Boulevard and the south side of State Highway 114. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8 . Tabled to the March 4, 2003, City Council meeting. 7F. Resolution No. 03 -008, Amendment to the currently adopted Land Use Plan creating a new land use category to be known as "Town Center" to be generally located in an area bounded by State Highway 114, North Kimball Avenue, East Southlake Boulevard (FM 1709) and North Carroll Avenue Tabled to the March 4, 2003, City Council meeting. 7G. Ordinance No. 480 -SS, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of a `Downtown' Zoning District Tabled to the March 4, 2003, City Council meeting. 7H. Resolution No. 03 -011, Approving Downtown District Design Guidelines as it pertains to development in the Downtown Zoning District Tabled to the March 4, 2003, City Council meeting. 7I. Ordinance No. 480 -410, 2nd Reading (ZA02 -104) Zoning and Concept Plan for Southlake Town Square Tabled to the March 4, 2003, City Council meeting. 8A. Ordinance No. 843, 1 st Reading, consider declaring a one hundred twenty (120) day moratorium on solicitation or selling of merchandise by any individual, institution, or group organized for political, religious, charitable or profitable purposes on the streets, street right -of -ways, or medians within the City of Southlake Recently, people have been standing at roadway intersections seeking donations for charities. Although current ordinance does not comprehensively address this activity, the Director of Public Safety has received reports from the public and from police officers that give concern towards safety issues. People seeking the donations have been viewed walking in public roadways where traffic is moving and, in some cases, obstructing the flow of traffic. The Director of Public Safety and the Director of Planning have developed an ordinance which implements a one - hundred and twenty day (120) moratorium on all solicitation activities on public streets, UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2003, PAGE 4 OF 12 street right -of -ways, medians or other areas of vehicular passage to: 1) ensure the physical safety of those who solicit; 2) ensure unimpeded traffic flow on public streets, and 3) provide the Departments of Public Safety and Planning the opportunity to determine appropriate and safe locations in the city in which solicitation activities may take place and revise the city's solicitation ordinance. Motion was made to approve consent agenda items 5A; 513; 5C; 513; 5E; 51 5G; 51-1; 5I (to table); 5J (to table); 5K (to table); 5L (to table); 7C (to table); 7D (to table); 7E (to table); 7F (to table); 7G (to table); 7H (to table); 7I (to table); and 8A: Motion: Stephen Second: Shankland Items 5A; 513; 5C; 51); 5E; 5F; 5G; 5I (to table); 5J (to table); 5K (to table); 5L (to table); 7C (to table); 7D (to table); 7E (to table); 7F (to table); 7G (to table); 7H (to table); 7I (to table); and 8A: Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy Nays: None Approved: 7 -0 Item 5H Ayes: Stephen, Evans, Shankland, Morris, Potter, Stacy Nays: None Abstain: Standerfer Approved: 6 -0 -1 REGULAR AGENDA Agenda Item 6. Public Forum William Stonaker, 1760 Sleepy Hollow Trail, Southlake, Texas. Said Southlake Town Square is one of the finest examples of New Urbanism in the country. Brian Stebbins and Peter Cooper have been described as visionary by publications all over the country. Without the Brownstones, though, Southlake Town Square will be just another great big commercial development in the middle of the city. He urged the Council to get on with the process and approve the Brownstones. He does not want the City of Southlake to get the reputation of driving development out of the city. Deputy Mayor Pro Tern Standerfer left the room during Item 7A. Agenda Item 7A. Discuss and consider action regarding ethics complaint against Councilmember Standerfer. Councilmember Morris said she had a formal complaint against Councilmember Standerfer delivered to her from a resident which she gave to the City Secretary in accordance with the Code of Ethics and Conduct, Ordinance No. 635. Mayor Stacy said Councilmember Standerfer requested a legal opinion from the City Attorney and asked that it not be disclosed during the Executive Session and instead be disclosed during the Regular Meeting. Regardless of what the opinion is, the Mayor has asked for the Ethics Ordinance to be placed on the Council's next agenda for review. City Attorney Taylor stated that Councilmember Standerfer formally asked for an ethics opinion pursuant to the provisions of Article 6, Section 2 -267 of the Code of Ordinances. City Attorney UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2003, PAGE 5 OF 12 Taylor presented information regarding the background information and his factual basis of opinion. In May 2002, Brian Stebbins requested that Councilmember Standerfer perform certain legal services for Southlake Venture West, specifically services dealing with the eviction of two tenants. In addition, Councilmember Standerfer offices in Town Square and has entered into a lease agreement with Southlake Venture West. Councilmember Standerfer requested an opinion as to: (1) whether or not, pursuant to Article VI of the Southlake Code of Ordinances and /or under Tex. Loc. Gov't Code Ann. Sec. 171.002, et Seq., he has a substantial interest in Cooper & Stebbins or any of its related entities; and /or, (2) whether or not, pursuant to Article VI of the Southlake Code of Ordinances and /or Tex. Loc. Gov't Code Ann Section 171.992, et seq, he must either submit the disclosure affidavit or abstain from voting on any matter relating to Cooper & Stebbins or any of its related entities, or Town Square, generally. The amount of legal services provided by Councilmember Standerfer for Southlake Venture West totaled $13,844.97 during 2002. A basic review of Councilmember Standerfer's 2001 income tax return reflects that this amount was significantly less than ten percent of his annual income calculated either as gross income or net personal income. His 2002 income tax return has not yet been filed, but information available from his law firm's records indicate $13,884.97 would constitute less than ten percent of his gross or net personal income. Regarding Councilmember Standerfer's lease of office space, City Attorney Taylor determined that the rate he pays is the highest office rate charged for lease space in the Town Square project. He has received no discounts or reductions in rent and was not afforded any extraordinary finish out that would confer special value on the space he occupies. City Attorney Taylor stated that he has concluded that Councilmember Standerfer does not and has not owned any interest in the Southlake Venture entities — East, West, or Central — and has no ownership in Town Square. City Attorney Taylor stated he has found no violation of the terms of Ordinance No. 635, Conduct of Ethics and Conduct, by Councilmember Standerfer based upon his representation of legal services with Southlake Venture West. City Attorney Taylor stated that because the allegations made by an individual at the last Council meeting involved a statement that they believed the state statute had been violated and the state statute has criminal provisions, he has contacted the Office of the District Attorney and has advised them of the statement and forwarded them a copy of the ethics opinion. His office will work with the District Attorney's Office in their review of the opinion and the related documents. Mayor Stacy commented that City Council has voted on 12 items related to Town Square since last summer and at no time was the approval of those items determined by a single vote. He stated that the City Attorney's investigation has already cost the City between $14,000 - $15,000. He stated that Council has the ability to request a third - party's opinion if Council feels it is necessary. He feels the Ethics Ordinance needs to be reviewed and has asked for it to be placed on the next Council agenda. Councilmember Morris agreed that the ordinance needs to be reviewed. She said that her reason for thinking a third -party opinion might be called for is that she wants to be sure the residents of UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2003, PAGE 6 OF 12 Southlake do not believe that there is any hint of impropriety; it is very important that people trust their Council. She stated that Council should have some indication when they hear from the District Attorney's Office. Councilmember Potter stated that the mere appearance of impropriety by a Councilmember is not good. He is comfortable that no violation of the Code of Ethics has occurred, but Council needs to be above question. He said issues like this cause doubt in the public. Councilmember Shankland said Councilmembers did not go out looking for this; it was thrust upon them. The amount of money spent investigating this issue is unfortunate, but Council had to take care of it and respond to the complaint. Councilmember Stephen said he agrees there needs to be full and fair disclosure, but it must be balanced with the right to privacy. Whether or not the current Ethics Ordinance needs to be amended, everyone needs to keep in mind it is the current ordinance. He said the rules cannot be changed on Councilmember Standerfer in the middle of the game. He said Council will look at the Ethics Ordinance and tighten up the rules, but he asked everyone to keep one thing in mind -- - argue the issues and not the personalities. Sue Johnson, 308 Lakeside Court, Southlake, Texas. She asked everyone to keep in mind that what is legal is not necessarily ethical. She clarified that the issue is not the fact he got caught, it is his decision to do the work to begin with. Councilmember Morris asked the City Attorney to make it a standard procedure to review the Ethics Ordinance when new Councilmembers take office. Kevin Clift, 1804 Redwing Court, Southlake, Texas. He said it is an outrage to him that Councilmembers Morris and Potter think that more money needs to be spent to investigate this issue further. He said Councilmember Standerfer has been exonerated, and this issue needs to die here tonight. He does not feel Brian Stebbins should be admonished either and said that all Councilmember Standerfer was doing was shopping Southlake. Scott Dyche, 1110 Fontaine, Southlake, Texas. He filed the complaint against Councilmember Standerfer for two reasons: in an attempt to make him accountable for his actions and to make the City Council live up to their fiduciary responsibilities to the citizens. He said the City Attorney serves at the pleasure of the Council. The most important thing to come out of this is for Council to take another look at the Ethics Ordinance. Kenneth Horne, 1215 Ashmoore Court, Southlake, Texas. Said for two years he did not take one dime from CISD during his tenure on the Planning and Zoning Commission because he knew it was wrong. His company did work for CISD, but he was never paid for it. He said Councilmember Standerfer is an attorney and should have referred Brian Stebbins to another attorney to complete the work. Don Coonan said the law is the floor, and ethics is quite a ways above that. If Councilmember Standerfer would have disclosed this up front, then all of this would not have happened and the City would not have spent $14,000. Councilmember Standerfer should have told his colleagues. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2003, PAGE 7 OF 12 Brian Stebbins said that anytime he can use a Town Square tenant, he will. In regard to what occurred, he believes it was an honest oversight. He agreed that the rules probably need to be changed but stated it is unfair to punish someone for following the current rules. Terry Walter, 907 Westminster Way, Southlake, Texas. He asked that Councilmember Standerfer to step down on future Town Square issues. He said egos are getting in the way of city business. Cindy Douglas, 1369 Holland Hill, Southlake, Texas. She works for Councilmember Standerfer and said he is a very ethical man. There is not enough money to influence him. She said what certain Councilmembers are doing is tainting the reputation he spent his life building. She does not agree there needs to be a third -party review of this issue; the District Attorney's opinion is enough for her. Mayor Stacy asked Council if there is any action they wish to take at this time and if Councilmembers are willing to accept the District Attorney's opinion. Motion was made to take no action until such time as the District Attorney's findings so warrant further action: Motion: Stephen Second: Potter Councilmember Shankland asked City Attorney Taylor if Council is required to make a motion at this time. City Attorney Taylor stated that this motion is not required. Ayes: Evans, Shankland, Morris, Potter, Stephen, Stacy Nays: None Approved: 6 -0 Deputy Mayor Pro Tem Standerfer returned to the meeting. Agenda Item No. 7B. Ordinance No. 842, 2nd Reading, finding, after reasonable notice and hearing, that TXU Gas distribution's rates and charges within the city should be changed; determining just and reasonable rates; adopting general service rates including rate adjustment provisions and miscellaneous service charges to be charged for sales and transportation of natural gas to residential, commercial and industrial customers; providing for recovery of rate case expenses; preserving re ug latory rights of the city; providing for repeal of conflicting ordinance' providing for an effective date On March 1, 2002, TXU Gas Distribution Company filed a Statement of Intent with 111 cities to increase the rates charged for natural gas service with an effective date of April 5, 2002. On April 1, 2002, City Council approved Resolution No. 02 -023 to suspend the effective date of the proposed new rates for 90 days to evaluate the reasonableness of existing rates and the merits of TXU' S proposed changes. Southlake participated with other municipalities (51 cities) in a comprehensive review of TXU Gas Distribution's application. The consultants and counsel retained by the coalition of cities recommended denial of the Company's application based upon a report from consultants demonstrating that the revenue requirement of the North Texas Metroplex Distribution System is being met under current rates. Also, the Gas Utilities Regulatory Act provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility. On June 18, 2002, UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2003, PAGE 8 OF 12 Council approved Resolution 02 -042 to formally deny TXU's application for a rate increase and requested prompt reimbursement of all rate case expenses. Ordinance No. 842 represents the settlement terms and conditions for resolution of TXU Distribution Gas Rate Case (GUD No. 9313). The consultants and counsel retained by the coalition of cities recommended for all cities to approve the Agreement in Principle (Ordinance No. 842). The understanding with TXU is that it is "all or nothing," and thus, there is no risk that a city can potentially hold out for a better deal. The new rates are effective on bills rendered after February 1, 2003. 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 OF THE CITY OF SOUTHLAKE, TEXAS FINDING, AFTER REASONABLE NOTICE AND HEARING, THAT TXU GAS DISTRIBUTION'S RATES AND CHARGES WITHIN THE CITY SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES; ADOPTING GENERAL SERVICE RATES INCLUDING RATE ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Motion was made to approved Ordinance No. 842, 2 nd Reading. Motion: Potter Second: Stephen Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Stacy Nays: None Approved: 7 -0 Agenda Item No. 7J. Ordinance No. 480 -231a, 2 nd Reading (ZA02 -094) Zoning Change and Revised Site Plan for Meadow Brook Medical Air Services. Senior Planner Dennis Killough presented this item to the Council. The property is located at 1250 West Southlake Boulevard directly east of the Southridge Lakes Amenity Center. The purpose of this request is to receive approval of a revised zoning and site plan to allow for construction of a 1,800 -sq.ft. records storage building to be located in the far rear portion of the property. The change of zoning and plan retains all uses, regulations and conditions of the original S -P -1 zoning with the exception of allowing the records storage building and a 25' building setback from the north property line. The residential adjacency regulations require a minimum 40' setback for the proposed building. The Planning and Zoning Commission recommended approval subject to review, specifically granting variance requests for 74% impervious coverage and 25' rear setback; limiting storage material to paper records; and requiring additional landscape screening on the north side of the building. The applicant had initially requested a maximum impervious coverage of 74 %, where the Zoning Ordinance allows a maximum of 65 %. Following the P & Z's action on this item, it was discovered that the applicant's calculations on impervious coverage were incorrect. The site is in compliance with the maximum 65% permitted. The impervious coverage as proposed is approximately 61 %. The request to allow a maximum of 74% has been withdrawn. The City Council approved the first reading on consent on January 21, 2003. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2003, PAGE 9 OF 12 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, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 4, A.A. FREEMAN NO. 522 ADDITION, BEING 1.344 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICTWITH LIMITED "O -1" OFFICE DISTRICT USES TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH LIMITED "O -1" OFFICE DISTRICT USES TO INCLUDE AN ACCESSORY BUILDING FOR DOCUMENT STORAGE, 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 -231a, 2nd Reading, subject to Revised Site Plan Review Summary No. 3, dated January 17, 2003. Motion: Potter Second: Shankland Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 Agenda Item No. 7K. Ordinance No. 480 -416, 2nd Reading (ZA02 -115) Zoning Change for property located at 811 South White Chapel Boulevard Senior Planner Dennis Killough presented this item to the Council. The purpose of this request is to change the zoning from RE Residential Estate District to SF-IA Single Family Residential District. The lot currently does not comply with the lot size and lot width requirements of the RE zoning district. The applicant would also like the benefit of the 20' Side Yard/Building Setback of the SF-IA district to allow placement of a garage rather than the 25' Side Yard/Building Setback of the RE district. The residential construction can proceed with the current RE zoning in place as permitted under the "Size Nonconformity of Lots of Record" provisions of the Zoning Ordinance. The Planning and Zoning Commission recommended approval on January 9, 2003. The City Council approved the first reading on consent on January 21, 2003 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: UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2003, PAGE 10 OF 12 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 LOT 4A, BLOCK A, WHITE CHAPEL PLACE, BEING APPROXIMATELY 2.42 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT TO "SF -IA" SINGLE FAMILY RESIDENTIAL 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. Motion was made to approve Ordinance No. 480 -416, 2nd Reading. Motion: Potter Second: Stephen Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris Nays: None Approved: 7 -0 Agenda Item No. 7L. Resolution No. 03 -012, (ZA02 -117) Specific Use Permit for Churches, Synagogues, and other similar facilities for worship, fellowship, and education on property located at 525 Nolen Drive, Suite 300 for Southlake Harbor Church Senior Planner Dennis Killough presented this item to the Council. The property is located at 525 Nolen Drive, Suite 300. The purpose of this request is to receive approval of a Specific Use Permit to allow Southlake Harbor Church to occupy a portion of a building located in Cornerstone Business Park. The maximum seating in the main sanctuary will be for 203 persons. The site will meet the off - street parking (69 spaces) by using 100% of the parking allocated by the adjoining tenants on the site. The facility will be used for Sunday morning and evening services. All activities will be performed during off -hours of the adjacent tenants and will not conflict with the parking requirements for the adjacent users. A reciprocal parking agreement must be executed and filed in the County by the property owner allocating the use of all the parking spaces on the site for the church during their services. The Planning and Zoning Commission recommended approval, permit not to exceed five years. Applicant Gary Fickes, 421 Hilltop, Southlake, Texas, presented this item to Council. He said he would prefer no time limit as imposed by P &Z but stated that the lease is for five years; he does not feel this church will be with them for five years because they are currently looking for property. Deputy Mayor Pro Tern Standerfer recommended limiting the SUP for 10 years. Matt Turner is the Pastor of Southlake Harbor Church and answered Council's questions. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2003, PAGE 11 OF 12 No one spoke during the public hearing. In accordance with Section 4.21 of the 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 CHURCHES, SYNAGOGUES, AND OTHER SIMILAR FACILITIES FOR WORSHIP, FELLOWSHIP AND EDUCATION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 6, BLOCK 5, CORNERSTONE BUSINESS PARK, 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 -012 limiting the approval to 10 years. Motion: Standerfer Second: Shankland Ayes: Potter, Stephen, Evans, Shankland, Morris, Standerfer, Stacy Nays: None Approved: 7 -0 Deputy Mayor Pro Tern Standerfer stated that he appreciates the time everyone spent on the ethics issue and hopes that Council can put this issue behind them and will work together. Agenda Item 12. Meeting Adjourned There being no further business to discuss, the meeting was adjourned at 9:24 p.m. Rick Stacy Mayor ATTEST: Lori A. Farwell City Secretary UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2003, PAGE 12 OF 12