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Item 5A (2)CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 4, 2003 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; 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, Assistant to the City Manager John Eaglen, Executive Secretary Kim Bush, Library Administer Kerry McGeath, Manager of Technical Services Gary Gregg, Audio Visual Technician Pam Jordan, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Senior Parks Planner Chris Carpenter, Economic Development Specialist Betsy Boyett, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Director of Planning Bruce Payne, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Chief of Fire Robert Finn, Chief of Police Marlin Price, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, City Attorney Tim Sralla, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Wambsganss at 5:36 p.m. City Council reviewed the agenda items with city staff and applicants. Council added agenda items 8B, 10A, 10B, and 10D to table to November 18, 2003, to the consent agenda. The work session ended at 6:11 p.m. REGULAR SESSION: Agenda Item No. 1, Call to order The regular session was called to order by Mayor Wambsganss at 6:11 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 6:12 p.m. Executive Session began at 6:30 p.m. and ended at 6:33 p.m. Agenda Item No. 2B, Reconvene Mayor Wambsganss reconvened the regular meeting at 7:00 p.m. The Mayor asked if there was any action necessary as a result of the executive session. No action was necessary. Agenda Item No. 3, Invocation The invocation was given by Scott Berry, First Baptist Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. UNOFFICIAL CITY COUNCIL MEETING MINUTES, NOVEMBER 4, 2003 PAGE I OF 5 Agenda Item No. 4A, Mayor's Report Mayor Wambsganss announced upcoming meetings and events. The Mayor presented a plaque to Colonel Bill Brandt in honor of Veteran's Day. The Mayor presented proclamations to Liz Durham and Wendi Carlucci for their work on the Liberty Garden. Park Board Chairman Bobby Rawls and Community Services Director Malcolm Jackson also presented Ms. Durham and Ms. Carlucci framed photos of the garden and free training from Fort Worth Bobcat so they can learn how to drive bobcats. Agenda Item No. 4B, City Manager's Report Director of Public Safety Rick Black and Chief of Fire Robert Finn introduced John Hosier of the M.R. and Evelyn Hudson Foundation who awarded to the City of Southlake $30,000 in matching funds to purchase a new chassis for an ambulance. Agenda Item No. 4C, Park and Recreation Board Report: This report was incorporated in the Liberty Garden presentation. Agenda Item No. 4D, SPIN Report: A written report was included in Council's packet. Agenda Item No. 4E, Local Business Report Michael Chidiac introduced his business, Josephine's Restaurant, to Council. CONSENT AGENDA: 5A. Annrove minutes for the October 7. 2003. and the October 21. 2003. Citv Council meetings The October 7, 2003, minutes were tabled to the November 18, 2003, City Council meeting. The October 21, 2003, minutes were approved as presented. A new, shorter format for minutes was discussed by the Mayor and Council. It was agreed that future minutes will not include individual discussions on any subject but will reflect the speakers' names, the motions, and a record of votes. The meeting audio tapes will be retained permanently, and the video tapes will be maintained for a two year period. Regarding the October 7 meeting minutes, Council agreed that Item #I OE (Define the scope of the 2025 Plan Steering Committee) will be done in the shorter format, and they agreed to table those minutes until the November 18 meeting. 5B. Authorize the Mayor to execute a residential developer's agreement for Oak Pointe, a 27- acre, 26 -lot, subdivision on the west side of Ridgecrest Drive, north of Dove Street 5C. ZA03 -070, Preliminary Plat for Mustang Business Park, on property located on the northeast corner of Brumlow Avenue and State Highway 26. Current Zoning: I -1 Light Industrial District and I -2 Heavy Industrial District 8B. Ordinance No. 480 -WW, 1 st Reading, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, relating to discontinuance of nonconforming uses 10A. Approval of redisposition of funds collected from fountains in Town Square. 10B. Approval of a contract with Aetna for employee medical benefits. UNOFFICIAL CITY COUNCIL MEETING MINUTES, NOVEMBER 4, 2003 PAGE 2OF5 lOD. Consider SP03 -068, Variance to Sign Ordinance No. 704 -A, for Fitness in Motion located at 2707 East Southlake Boulevard (FM 1709), Suite 110 Tabled to the November 18, 2003, Council meeting. Motion was made to approve Items 5A to table the minutes for the October 7, 2003, meeting to November 18, 2003, and approve the minutes for the October 21, 2003, meeting; 513; 5C requiring the developer to make his best efforts to retain the existing landscaping and subject to Preliminary Plat Review Summary No. 3, dated October 29, 2003; 813; 1OA; 1013; and table Item IOD to the November 18, 2003, meeting. Motion: Standerfer Second: Shankland Items 513; 5C requiring the developer to make his best efforts to retain the existing landscaping; 813; 1OA; 1013; and table Item IOD to the November 18, 2003, meeting: Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Item 5A - table the minutes for the October 7, 2003, meeting to November 18, 2003, and approve the minutes for the October 21, 2003 meeting: Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss Nays: None Abstains: Potter Approved: 6 -0 -1 REGULAR AGENDA Agenda Item 6. Public Forum No one spoke. Agenda Item 7A. Ordinance No. 858, 2nd Reading, Providing regulations on the use, location, and display of primary flags in residential areas. Council member Keith Shankland presented this item to the Council. Council discussed the ordinance and decided to table it to their next meeting. No one spoke during the public hearing. Motion was made to table this item to the November 18, 2003, City Council meeting. Motion: Shankland Second: Standerfer Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Aizenda Item 7B. Ordinance No. 480 -294b_ (ZA03 -072) 2 Reading_ Zoning Chance and Concept Plan for Harris Methodist Southlake on property located on the south side of East Southlake Boulevard (FM 1709) and 1,500' east of Carroll Avenue. Current Zoning: S -P -2 General Site Plan District with 0-1 uses. Reauested Zoning: S -P -2 General Site Plan District with 0-1 uses. SPIN Neighborhood 98. Senior Planner Dennis Killough presented this item to the Council. Council discussed the request. UNOFFICIAL CITY COUNCIL MEETING MINUTES, NOVF,MBER 4, 2003 PAGE 3 OF 5 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 1, BLOCK 1, GORBUTT ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388 -156, PAGE 12, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 12.47 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "O -1" OFFICE DISTRICT USES AND THE "C -2" LOCAL RETAIL COMMERCIAL DISTRICT USE OF AMBULATORY SURGERY, IMAGING CENTER, AND ASSOCIATED SERVICES AND "O -1" OFFICE DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "O -1" OFFICE DISTRICT USES AND THE "C -3" LOCAL RETAIL COMMERCIAL DISTRICT USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT STAY BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED RETAIL, SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A 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. Motion was made to approve Ordinance No. 480 -294b (ZA03 -072), 2 nd Reading, subject to Revised Concept Plan Review Summary No. 2, dated October 3, 2003, and to grant the requested variances. Motion: Standerfer Second: Evans Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss Nays: Potter Approved: 6 -1 Agenda Item 8A. Ordinance No. 480 -426, (ZA03 -064) 1 st Reading, Zoning Change and Site Plan for Dr. Marciano Office Complex on property located at 2000 East State Highway 114. Current Zoning: C -2 Local Retail Commercial District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #6 . Senior Planner Dennis Killough presented this item to the UNOFFICIAL CITY COUNCIL MEETING MINUTES, NOVEMBER 4, 2003 PAGE 4OF5 Council. Architect Skip Blake of Blake Architects, 1202 S. White Chapel Boulevard, Southlake, answered Council's questions. Motion was made to approve Ordinance No. 480 -426 (ZA03 -064), 1 st Reading, subject to Site Plan Review Summary No. 4, dated October 17, 2003, and to grant requested variances and to prohibit Christmas tree sales, tires, batteries, and other auto accessory sales, and to add an 8 foot screening device along the north property line as required by the Comprehensive Zoning Ordinance No. 480, as amended. Motion: Standerfer Second: Evans Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item 10C. Consider SP03 -064, Variance to Sign Ordinance No. 704 -A, for Smoothie Factory located at 711 East Southlake Boulevard (FM 1709), Suite 100. Senior Planner Dennis Killough presented this item to the Council. Council discussed this request. Motion was made to approve SP03 -064, Variance to Sign Ordinance No. 704 -A, for Smoothie Factory located at 711 East Southlake Boulevard (FM 1709), Suite 100. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item 10E. Authorize the Mayor to execute a Contract for Sale regarding the sale of approximately 2.232 acres of city -owned property at the northeast corner of FM 1709 and Pearson Lane This item was withdrawn by the applicant. Agenda Item 12. Meeting adjourned With there being no further business to discuss, Mayor Wambsganss adjourned the meeting at 8:09 p.m. Andy Wambsganss Mayor ATTEST: Lori A. Farwell City Secretary UNOFFICIAL CITY COUNCIL MEETING MINUTES, NOVEMBER 4, 2003 PAGE 5OF5