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2008-12-02 t CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 2, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern John Terrell (arrived at 5:15 p.m.), Deputy Mayor Pro Tern Gregory Jones (arrived at 5:30 p.m.) and Councilmembers Laura K. Hill (arrived at 5:39 p.m.), Pamela Muller, Virginia M. Muzyka, and Vernon Stansell. CITY COUNCIL ABSENT: None. STAFF PRESENT: Assistant City Manager Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Orlowski, Community Relations Officer Pilar Schank, Information Systems Technician Vicky Roche, Interim Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Deputy Chief of Fire Services Bryan Thomas, Chief of Police Services Robert Finn, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Chief Building Official Paul Ward, Planner II Clayton Comstock, Planner II Jenny Crosby, Planner I Lorrie Fletcher, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick, City Attorney Tim Sralla and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 5:09 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, David Whitington, gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 3. 2009 Capital Improvement Plan Sidewalk Plan priorities. Director Baker and Director Price each presented segments of this item and answered Council's questions. Council discussed the status and prioritization of projects. Agenda Item No. 4. Discuss all items on tonight's meeting agenda. City Council reviewed the consent agenda items with city staff. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2008 Page 1 of 12 Mayor Wambsganss closed the work session at 6:20 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:20 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with attorney, Section 551.074, deliberation regarding personnel matters, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:20 p.m. Executive Session began at 6:48 p.m. and ended at 7:12 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:21 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A1. Mayor's Report - update of upcoming meetings and events. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 3A2. Mayor's Report - Special volunteer recognition. Mayor Pro Tern Terrell thanked Southlake resident and Zoning Board of Adjustment member Karen Whitaker for assisting city staff members, Sal Garcia and Eric Ramirez, with decorating the Christmas tree in the Town Hall foyer. Also under the Mayor's Report, Councilmember Stansell recognized and thanked Chief Finn for meeting with area merchants to discuss the importance of complying with and abiding by the City's smoking ordinance, especially in public patio areas. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Wambsganss read the items into the record. Agenda Item No. 4A. Approve minutes from the November 13, 2008 special City Council meeting and the November 18, 2008 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Approve a contract with the RPGA Design Group for the design of the North DPS Facility. A presentation was not made on this item. Agenda Item No. 4C. Award annual purchasing agreement for signs and pavement marking to American Sign Brackets, Custom Products, Roadrunner Traffic Supply, and Rocal. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2008 Page 2 of 12 Agenda Item No. 4D. Award annual purchasing agreement for utility parts to ACT Pipe and Supply Atlas Utility Supply, H.D. Supply Waterworks, and Mainline Supply. A presentation was not made on this item. Agenda Item No. 4E. Award bid to Recreation Consultants in the amount of $59,214 for the purchase of playground equipment for the Lonesome Dove Park Improvements rp oject. A presentation was not made on this item. Agenda Item No. 4F. Approve the 2009 Community Service Agreement with Keep Southlake Beautiful. A presentation was not made on this item. Agenda Item No. 4G. Approve the 2009 Community Service Agreement with Grapevine Relief and Community Exchange. A presentation was not made on this item. Agenda Item No. 4H. Approve the 2009 Community Service Agreement with Southlake Sister Cities. A presentation was not made on this item. Agenda Item No. 41. Approve the 2009 Community Service Agreement with Southlake Community Band. A presentation was not made on this item. Agenda Item No. 4J. Approve the 2009 Community Service Agreement with SafeHaven of Tarrant County. A presentation was not made on this item. Agenda Item No. 4K. Approve the 2009 Community Service Agreement with Southlake Historical Society. A presentation was not made on this item. Agenda Item No. 4L. Authorize a professional services agreement with Weaver and Tidwell, L.L.P., for audit services. A presentation was not made on this item. Agenda Item No. 4M. ZA08-103, Plat Revision for Lot 17R, Block 1, Tuscan Ridge Phase I being a replat of property currently described as Lot 17, Block 1, Tuscan Ridge Phase I and being located at 1657 Tuscan Ridge Circle. Current Zoning: MH Manufactured Housing District. SPIN Neighborhood #12. A presentation was not made on this item. Council approved this item subject to Plat Review Summary No. 1, dated November 11, 2008. Agenda Item No. 4N. ZA08-088, Plat Showing for Lots 1 and 2, Liberty Park at Sheltonwood Addition on property being described as Tracts 1A and 1C1A, Joel W. Chivers, Abstract No. 350 and being located at 570 and 590 East Dove Road. Current Zoning: CS Community Service District. SPIN Neighborhood #3. A presentation was not made on this item. Council approved this item subject to Plat Review Summary No. 3, dated October 23, 2008. Agenda Item No. 40. ZA07-144, Site Plan for Lot 1, Players Circle on property being legally described as Lot 1, Block 1, Players Circle Addition and being located at 1901 West Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2008 Page 3 of 12 Neighborhood #16. This item was tabled to the December 16, 2008 City Council meeting. Aqenda Item No. 4P. Ordinance No. 480-571, 2"d Reading (ZA08-083), Zoning Change for 200 South Peytonville Avenue being Tract 3C2, W. R. Eaves Survey, Abstract No. 500, and being located at 200 South Peytonville Avenue. Current Zoning: S-P-2 Generalized Site Plan. Requested Zoning: a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. This item was tabled to the December 16, 2008 City Council meeting. Agenda Item No. 4Q. Ordinance No. 480-572, 2nd Reading (ZA08-084), Zoning Change for 210 South Peytonville Avenue on property being Tract 3C2A, W. R. Eaves Survey, Abstract No. 500. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. This item was tabled to the December 16, 2008 City Council meeting. Agenda Item No. 4R. Ordinance No. 480-573, 2nd Reading (ZA08-085), Zoning Change for 240 South Peytonville Avenue on property being Lot 3, Akard Addition. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. This item was tabled to the December 16, 2008 City Council meeting. Agenda Item No. 4S. Ordinance No. 480-574, 2"d Reading (ZA08-086), Zoning Change for 260 South Peytonville Avenue on property being Lot 2, Akard Addition. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: 0-1 Office District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. This item was tabled to the December 16, 2008 City Council meeting. Agenda Item No. 4T. Ordinance No. 480-575, 2nd Reading (ZA08-087), Zoning Change for 280 South Peytonville Avenue on property being Lot 1, Akard Addition. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: 0-1 Office District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. This item was tabled to the December 16, 2008 City Council meeting. Agenda Item No. 8A. Resolution No. 08-061, Appoint a member to the Parks and Recreation Board. Council appointed Sherry Berman to the Parks and Recreation Board to Place 5 to expire in May 2010. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2008 Page 4 of 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER TO THE PARKS AND RECREATION BOARD AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve consent agenda items 4A; 413; 4C; 4D; 4E; 4F; 4G; 4H; 41; 4J; 4K; 4L; 4M subject to Plat Review Summary No. 1, dated November 11, 2008; 4N subject to Plat Review Summary No. 3, dated October 23, 2008; to table item 40 to the December 16, 2008 City Council meeting; to table items 4P through 4T to the December 16, 2008 City Council meeting; and adding item 8A to appoint Sherry Berman to the Parks and Recreation Board, Place 5, with a term ending May 2010. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during public forum. Agenda Item No. 6A. Ordinance No. 948, 2nd Reading, Dedicate a public utility y easement for pedestrian access, roadway, utilities, and drainage on city-owned propert at Liberty Park at Sheltonwood. Mayor Wambsganss introduced this item. Staff did not make a presentation. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE DEDICATING A PUBLIC UTILITY EASEMENT FOR PEDESTRIAN ACCESS, ROADWAY, UTILITY, AND DRAINAGE UPON AND ACROSS A PORTION OF CITY-OWNED PROPERTY AT LIBERTY PARK LOCATED AT 590 EAST DOVE ROAD, DESCRIBED AS J.W. CHIVERS SURVEY, ABSTRACT NO. 350 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 948, 2nd Reading, Dedicate a public utility easement for pedestrian access, roadway, utilities, and drainage on city-owned property at Liberty Park at Sheltonwood as previously presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2008 Page 5 of 12 Agenda Item No 6B Ordinance No. 950, 2nd Reading Adjust Southlake's northeast city boundary adjacent to the City of Grapevine in the area of the westbound State Highway 114 frontage road and Park Boulevard. Director Price presented this item to Council and answered questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: CITY OF SOUTHLAKE ORDINANCE NO. 950, GRAPEVINE ORDINANCE NO. 2008- 61, JOINT ORDINANCE AND BOUNDARY AGREEMENT. No one spoke during the public hearing. Motion was made to approve Ordinance No. 950, 2nd Reading, Adjust Southlake's northeast city boundary adjacent to the City of Grapevine in the area of the westbound State Highway 114 frontage road and Park Boulevard as presented. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6C. Ordinance No. 934-B, 2nd Reading, Amend the 2006 Edition of the International Plumbing Code to establish the minimum standards for the installation of irrigation systems. Mayor Wambsganss introduced this item. Staff did not make a formal presentation. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING THE 2006 EDITION OF THE INTERNATIONAL PLUMBING CODE, AS PREVIOUSLY ADOPTED, IN ORDER TO ESTABLISH THE MINIMUM STANDARDS FOR INSTALLATION OF IRRIGATION SYSTEMS WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE AND PERMIT FEES THEREFOR; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD 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 PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 934-B, 2nd Reading, Amend the 2006 Edition of the International Plumbing Code to establish the minimum standards for the installation of irrigation systems. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2008 Page 6 of 12 Nays: None Approved: 7-0 Agenda Item No 6D. Ordinance No. 937-B 2"d Reading Amend the 2006 Edition of the International Residential Code to establish the minimum standards for the installation of irrigation systems for one and two-family dwellings. Mayor Wambsganss introduced this item. Staff did not make a presentation. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING THE 2006 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, AS PREVIOUSLY ADOPTED, IN ORDER TO ESTABLISH THE MINIMUM STANDARDS FOR INSTALLATION OF IRRIGATION SYSTEMS WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE AND PERMIT FEES THEREFOR; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD 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 PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 937-B, 2nd Reading, Amend the 2006 Edition of the International Residential Code to establish the minimum standards for the installation of irrigation systems for one and two-family dwellings. Motion: Stansell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6E. Ordinance No. 480-570, 2nd Reading (ZA08-059), Zoning Change and Site Plan for The Plaza at Southlake Boulevard on property being described as a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899 and being located at 400 South Carroll Avenue (per Tarrant County Appraisal District records) and also being at 1001 East Southlake Boulevard (as assigned by the City of Southlake). Current Zoning: AG Agricultural. Requested Zoning: S-P-2 Generalized Site Plan District with C2 Uses Light Retail Commercial District. SPIN Neighborhood #9E. Deputy Director Killough presented this item simultaneously with item 6F and answered Council's questions. Applicant Tom Wouters with Realty Capital Corporation made a presentation and answered Council's questions. 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; REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2008 Page 7 of 12 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 TRACT 4G, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, BEING APPROXIMATELY 10.362 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL 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 SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Council continued their discussion of this item. Motion was made to approve Ordinance No. 480-570, 2nd Reading (ZA08-059), Zoning Change and Site Plan for The Plaza at Southlake Boulevard subject to Council's comments on first reading specifically granting the variances requested; specifically noting that there is no signage being approved or being looked at and signage approval will come at a later date; subject to applicant's representations made this evening including the color schemes and all other elements including the reflecting pool to be constructed as presented; subject to a separate developer's agreement being entered into to commit applicant to reimburse city costs if city builds in advance of Phase 2 the balance of Plaza Boulevard, the roundabout and the portion of Zena Rucker Road on the property; accepting applicant's agreement to place 18- to 24-inch knee walls under all of the windows; accepting applicant's agreement there will be glass on all sides of the buildings and there will be no false windows; requiring there to be a "no left turn" sign installed on the right-in/right-out driveway; requiring applicant to add details to small island at that location to ensure that someone cannot take a left from west bound F.M. 1709; stating that staff will also be working with TxDOT to ensure any alterations of the median to be put in place if the median is not in place at the time of construction of Phase 1; and subject to Site Plan Review Summary No. 6, dated November 24, 2008. Motion: Terrell Second: Jones Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2008 Page 8 of 12 Agenda Item No. 6F. ZA08-074 Preliminary Plat for The Plaza at Southlake Boulevard on property being described as Lots 1-3 Block 1 Plaza at Southlake Boulevard and being located at 400 and 450 South Carroll Avenue (per Tarrant County Appraisal District records) and also being at 1001 East Southlake Boulevard (as assigned by the City of Southlake). Current Zoning: AG Agricultural. SPIN Neighborhood #9E. Deputy Director Killough presented this item simultaneously with item 6E and answered Council's questions. Motion was made to approve ZA08-074, Preliminary Plat for The Plaza at Southlake Boulevard subject to Plat Review Summary No. 3, dated November 21, 2008 and the rest as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6G. ZA08-080 Site Plan for Southlake Regional Medical Center on property being legally described as the remainder of Block 1, Brightbill Addition, and being Tracts 3E1A 3E1B and 3E1C, Larkin H. Chivers Survey, Abstract No. 300. The property is located at 440 East Highland Street and 335 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #11. Deputy Director Killough presented this item simultaneously with item 6H. Applicants Dr. Reid Williams of LandPlan Development, 5400 Dallas Parkway, Frisco, Texas and Fernando Andrade, President of GSR Architects, answered Council's questions. Jim Williams of LandPlan Development addressed Council's concerns and asked to table this item to allow them time to prepare additional information to bring back to Council. Mayor Wambsganss opened the public hearing. Mike LaFavers, 303 East Highland Road, Southlake, Texas spoke in support of this item. Doug Mousel of LandPlan Development, 5400 Dallas Parkway, Frisco, Texas addressed questions regarding berming. Motion was made to table ZA08-080, Site Plan for Southlake Regional Medical Center to the December 16, 2008 City Council meeting. Motion: Terrell Second: Jones Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Tabled: 7-0 Agenda Item No. 6H. ZA08-104, Plat Revision for Lots 1-5, Block 1, Southlake Regional Medical Center being a replat of property currently described as the remainder of Block REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2008 Page 9 of 12 1 Brightbill Addition and being Tracts 3E1A 3E1B and 3E1C, Larkin H. Chivers Survey Abstract No. 300 and being located at 440 East Highland Street and 335 East State Highway 114. Current Zoning: S-P-2 Generalized Site District. SPIN Neighborhood #11. Deputy Director Killough presented this item simultaneously with item 6G. Motion was made to table ZA08-104, Plat Revision for Lots 1-5, Block 1, Southlake Regional Medical Center to the December 16, 2008 City Council meeting. Motion: Terrell Second: Jones Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Tabled: 7-0 Mayor Wambsganss called for a break at 9:22 p.m. and reconvened the meeting at 9:38 p.m. Agenda Item No. 7A. Ordinance No. 480-577, 1St Reading (ZA08-044), Zoning Change and Site Plan for Regents Park on property described as Tracts 2C14 and 2C15, Jessie G. Allen Survey, Abstract No. 18 and being located at 2580 West Southlake Boulevard and 2530 West Southlake Boulevard. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15. Planner Comstock presented this item to Council and answered questions. Applicant Skip Blake of Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas answered Council's questions. Council discussed this request. Motion was made to approve Ordinance No. 480-577, 1St Reading (ZA08-044), Zoning Change and Site Plan for Regents Park subject to applicant's presentation; understanding that the western-most access point will not go through and concrete will stop at the ten-foot buffer line; subject to Site Plan Review Summary No. 6, dated November 24, 2008 and granting the requested variances; and subject to receipt of a business plan stating why the applicant is asking for a change in the land use plan. Motion: Jones Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7B. Ordinance No. 480-578, 1St Readinq (ZA08-075), Zoning Change and Development Plan for Ridgeview at Southlake being Tracts 2A, 2A1, 2A5C, and 2A6 in the W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and 1C, Thomas J. Thompson Survey, Abstract No. 1502, and located at 505, 507, 511, 515, and 519 Davis Boulevard. Current Zoning: AG Agricultural District, S-P-1 Detailed Site Plan District, and SF-20A Single Family Residential District. Proposed Zoning: TZD Transition Zoning District. SPIN Neighborhood #16. Planner Comstock presented this REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2008 Page 10 of 12 item to Council. Applicant Curtis Young with the Sage Group, 1130 North Carroll Avenue, Southlake, Texas made a presentation and answered Council's questions. Mayor Wambsganss allowed the public to speak. Suzanne Maisto, 1909 Big Bend Cove, Southlake, Texas spoke in support of this project. Motion was made to approve Ordinance No. 480-578, 1St Reading (ZA08-075), Zoning Change and Development Plan for Ridgeview subject to Development Plan Review Summary No. 3, dated October 3, 2008 and granting the requested variances and including a six-foot (instead of five-foot) sidewalk on Davis Boulevard; and including submittal of the CCR's by consideration on 2nd Reading. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Deputy Mayor Pro Tern Jones recused himself from item 9A and filed a conflict of interest form with the City Secretary. Agenda Item No. 9A. Consider SP08-210,_ Conditional Sian Permit for 280 Sports Complex located at 280 Commerce Street. Deputy Director Killough presented this item to Council. Applicants Kevin and Christie Abercrombie, 1420 Danbury Parks Drive, Keller, Texas answered Council's questions. Council discussed this request. Motion was made to approve SP08-210, Conditional Sign Permit for 280 Sports Complex located at 280 Commerce Street noting the applicant's agreement to the following: requiring same font and same color on all of the signs; halo lighting as it appears in the presentation; limited to the number of tenants not to exceed ten signs; maximum sign width will be limited to 75% coverage of the fagade panel; as discussed in the presentation where Play Time is shown - there will be only one sign in that location; where the Dolmer sign is shown - there can be two signs in that location; where Southlake Gymnastics is shown, there can be one sign in that location (stacking the words, Southlake and Gymnastics) and noting that all of these signs will be stacked; where 280 Sports Complex is shown, they can have one sign in that location; where 280 Cafe is shown, they can have two signs in that location, where Champion Cheer is shown, they can have two signs in that location; where Athletes Unlimited is shown, they can have one sign in that location; and allowing 24-inch letters on the words, "280 Sports Complex," with 18-inch letters on the balance of the signs. Motion: Terrell Second: Stansell Ayes: Hill, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2008 Page 11 of 12 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 11:21 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor ATTEST: eNSS f. 44 P t~ = .0 Lori Payne, TRM City Secretary . 00 to • • REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2008 Page 12 of 12 CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OF § "4 T_fSO1as a member of the of the City of Southlake, make this affidavit and hereby on oath state the following: I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and/or City of Southlake No. 635-A and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: COMPLETE (A) or (B): (A) The business entity is ~,42YZ (name); or (B) The real property is located at: I have a substantial interest because I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above-referenced agenda item: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500.00. ZnO r/I t hcr: rli4'V~ /C ~ ~ZZ S~eAU_lraD IAJ -7Z Upon filing of this affidavit with the City ecretary, I a irm that I will abstain from voting on any decision and from any further participation by discussion or debate regarding the above-referenced agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in question is being addressed or as soon as practicable once I realized a potential conflict exists. Signed this _L~_ day of 20( - Sig ature of Official The State of § County of O. lrO k- - § Before me, r 100 K on this day personally appeared ~rQG~U►~tA r p S known to me (or proved to me on the oath of or t rough (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and stated that the statements made in this affidavit are within his personal knowledge and true and correct. rA Given under my hand and seal of office this day of 1 oQ e4/L(.(Oee" , ~Cub . (SEAL) \aa~iutuwunnry~i `P(Lv P Uee ' . * 110 o Notary Public in and f the State of Texas Z y = J' r y~ hrHrl H 11 r Il t I d I N11t1~~ CITY OF SOUTHLAKE Recommended Sidewalk Plan Segments for FY09 Construction Project Location Length Width & Estimated cost Issues # I de th 1 Segment connecting from existing 3800 4'@4" $ 100,000 Trees, sidewalks on East side of South Carroll at retaining Westmont Drive south to Bordeaux (safe walls, route for Old Union Elementary) *SP # 60 irrigation, HOA, utility box 2 Segment connecting from west side of 1000 8'@ 6" $ 120,000 Wall and rail, North White Chapel along FM 1709 to decel lanes future sidewalk at decel lane in front of Bicentennial Park *SP #47a & b 3 Segment from east side of North Carroll at 1400 5' @ 4" $ 30,450 Trees, ROW, Taylor Street south to Dove Road *SP #61 round-about 4 Segment connecting from Mendez 600 8'@ 6" $ 40,620 development to (decel) Foxborough Drive Decel lanes *SP #126 5 Segment from west side of Foxborough 450 8' @ 6" $ 30,465 (decel) connecting to Diamond Circle Decel lanes *SP #25 6 Segment on south side of FM 1709 from 150 8' @ 6" $ 15,000 existing sidewalk at Harris Methodist to Decel lanes decel lane at Miron Drive *SP # 84 7 Segment from west side of Player's Circle 1200 8' @ 6" $ 81,240 connecting to Davis Blvd. *SP #104 8 Segment on east side of N Carroll from Bay 1000 5' @ 4" $ 150,000 Trees, ROW, Meadows connecting to Whispering Dell bridge *SP #130 9 Segment from west side of Diamond Circle 2000 8' @ 6" $ 135,400 Retaining connecting to White Chapel *SP #129 Wall 10 Segment/bridge connecting Gallant Ct. 100 5' @ 4" $ 10,000 Need co-op (Trailhead) to Johnson Place Estates *SP from HOA #131 11 Segment from existing sidewalk at 1525 5' @ 6" $ 112,800 Grade Chick-fil-A to existing sidewalk in front of changes, wall Georgetown and continue to connect east to Nolen *SP #143, 143c, 143d Neighborhood Sidewalk Program $ 50,000 Additional cost for decel lane sidewalk $ 130,000 segments - 16 x 3 feet ROW acquisition consultant $ 50,000 FM 1709 Engineering & Design $ 155,000 Total Estimate $1,205,975 *SP = Sidewalk Plan