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2006-11-07 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 7. 2006 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris, Deputy Mayor Pro Tern John Terrell and Councilmembers Laura K. Hill, Gregory Jones, and Virginia M. Muzyka. CITY COUNCIL ABSENT: Councilmember Vernon Stansell. ST AFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Community Relations Officer Pilar Schank, Manager of Information Services Gary Gregg, Audio Visual Systems Technician Pam Jordan, Director of Community Services Steve Polasek, Recreation Superintendent Steve Moore, Recreation Specialist Ryan McGrail, Recreation Specialist Brandon Ward, Parks Supervisor David Kielich, Parks Crew Leader Andy Alvarado, Parks Crew Leader Shane Cloud, Parks Crew Leader Terry Lee, Park Maintenance Employee David Acebedo, Park Maintenance Employee Richard Andrade, Park Maintenance Employee Marvin Athans, Park Maintenance Employee Chris Cordero, Park Maintenance Employee Johnny Howell, Park Maintenance Employee Johnny Lopez, Park Maintenance Employee Adolfo Paz, Parks Maintenance Employee David Tuberville, Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Economic Development Greg Last, Assistant Director of Finance Sharon Guess, Purchasing Agent Deborah Russell, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough, Chief Planner Jayashree Narayana, Director of Public Works Bob Price, Public Works Operations Manager Chuck Kendrick, City Attorney Tim Sralla, and City Secretary Lori Farwell. WORK SESSION: Agenda Item No.1. Call to order. The work session was called to order by Mayor Wambsganss at 5:06 p.m. Agenda item No. 2.Invocation. Coy Quesenbury from Lonesome Dove Baptist Church gave the invocation. Mayor Wambsganss lead the pledge of allegiance. Agenda Item No.3. Discuss Regional Rail Initiatives. City Manager Yelverton and Director Price gave an introduction on this item. Glen Whitley, Tarrant County Judge Elect, and Gary Fickes, County Commissioner Elect and Southlake's representative on the Regional Transportation Council, made a presentation on this item and answered questions. The issue was discussed by Council. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 7, 2006 Page 1 of12 Agenda Item No.4. Discuss Ordinance No. 704-C, proposed amendments to the sign ordinance. Director Baker presented this item to Council. The issue was discussed by Council. Agenda Item No.2. Discussion of all items on tonight's meeting agenda. City Council reviewed the consent agenda items with city staff. The work session ended at 5:58 p.m. REGULAR SESSION: Agenda Item No.1. Call to order. The regular seSSIOn was called to order by Mayor Wambsganss at 5:58 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; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:58 p.m. Executive Session began at 6:20 p.m. and ended at 6:44 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:00 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A. Mavor's Report. Mayor Wambsganss gave a report on upcoming events. Agenda Item No. 3B1. City Manager's Report - Recognition of Community Services Department for T AAF Platinum Member City / Park Rodeo presentation. Director Polasek stated the City of Southlake was recently recognized as a Platinum Member City by the Texas Amateur Athletics Federation (TAAF). He also recognized several of the Parks and Recreation Department staff members for recently participating in the Texas Recreation and Parks Society (TRAPS) Rodeo in Mesquite. The following staff rodeo participants were present: Recreation Superintendent Steve Moore, Recreation Specialist Ryan McGrail, Recreation Specialist Brandon Ward, Parks Supervisor David Kielich, Parks Crew Leader Andy Alvarado, Parks Crew Leader Shane Cloud, Parks Crew Leader Terry Lee, and the following Park Maintenance employees: David Acebedo, Richard Andrade, Marvin Athans, Chris Cordero, Johnny Howell, Johnny Lopez, Adolfo Paz, and David Tuberville. Agenda Item No. 3C. Local Business Report. Director Last introduced Sally Van, Director of Sales for Watermere, who introduced her new development for senior citizens. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 4A. Al'Prove the minutes from the October 17, 2006, regular City Council meeting, and the October 26, 2006, Joint City Council and Planning and Zoning Commission meeting. A presentation was not made on this item. Agenda Item No. 4B. Excuse members of the City Council and the Planning and Zoning Commission for absences from meetings. Deputy Mayor Pro Tern Terrell was absent from the REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 7, 2006 Page 2 of 12 October 17, 2006, City Council meeting and Mike Springer and Al Morin were absent from the October 19, 2006, Planning and Zoning Commission meeting Agenda Item No. 4C. Rescind award of bid to ADP. Inc.. for payroll outsourcing. A presentation was not made on this item. Agenda Item No. 4D. Award annual purchasing agreements for utility parts and supplies to Atlas Utility Supply. Hughes Supply. Ferguson Enterprises. and Techline Pipe. A presentation was not made on this item. Agenda Item No. 4E. Resolution No. 06-066. Approve a resolution in support of the City of Grapevine and Tarrant County'S request to pursue "Pass Through" financing on State Highway 26 in Grapevine. Director Price made a presentation on this item during the work session. 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 EXPRESSING SUPPORT FOR THE CITY OF GRAPEVINE AND TARRANT COUNTY'S APPLICATION FOR REIMBURSEMENT FUNDING FOR THE CONSTRUCTION OF STATE HIGHWAY 26 BETWEEN THE CITY OF COLLEYVILLE CITY LIMITS AND THE INTERCHANGE WITH STATE HIGHWAY 114. Agenda Item No. 4F. Authorize the purchase of an aerial ladder truck from Sutphen Corporation in the amount of $985,391. A presentation was not made on this item. Agenda Item No. 4G. Authorize a contract with Lee Lewis Construction for construction management duties relating to the construction of the new DPS Headquarters. A presentation was not made on this item. Agenda Item No. 4H. Resolution No. 06-067. Establish the City of Southlake's Legislative Agenda for the 80th Texas Legislative Session. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOUL TION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING A LEGISLATIVE AGENDA FOR THE 80TH TEXAS LEGISLATIVE REGULAR SESSION. Agenda Item No. 41. Award of bid to Branch Smith Printing Company in the amount of$25.417 for annual printing of the Southlake Scene Brochure. A presentation was not made on this item. Agenda Item No. 4J. ZA06-068. Revised Concept Plan for Kimball Hills located at 616 South Kimball Avenue. Current Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #8. This item was withdrawn by the applicant. Agenda Item No. 4K. Ordinance No. 897. 2nd Reading. Amending Chapter 18. Section 18-79 of the Southlake City Code establishing a new speed limit on a portion of North Carroll Avenue and on two portions of Kimball Avenue. This item was tabled to the January 16, 2007, regular City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 7, 2006 Page 3 of 12 Motion was made to approve consent agenda items 4A; 4B to excuse the absences of Deputy Mayor Pro Tern Terrell from the October 17, 2006, City Council meeting, and Commissioners Springer and Morin form the October 19, 2006, Planning and Zoning Commission; 4C; 4D; 4E; 4F; 4G; 4H; 41; 4J to withdraw; and 4K to table to the January 16, 2007, regular City Council meeting. Motion: Second: Ayes: Nays: Approved: Hill Muzyka Hill, Jones, Morris, Muzyka, Terrell, Wambsganss None 6-0 REGULAR AGENDA: Agenda Item No.5. Public Forum. No one spoke during public forum. Agenda Item No. 6A. Ordinance No. 480-503, 2nd Reading (ZA06-119), Zoning Change and Development Plan for proposed La Mirada, located at 1925 North Peytonville Avenue. Current Zoning: RE Single Family Residential Estate District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #11. Chief Planner Killough presented this item in conjunction with item 68. Developer Phil Chaffins 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; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT lR, ROUGEMONT ADDITION, BEING APPROXIMATELY 11.61 ACRES, AND MORE FULL Y AND COMPLETEL Y DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMIL Y RESIDENTIAL ESTATE DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF-IA" SINGLE FAMILY RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING "PUD" DEVELOPMENT STANDARDS, 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. Council discussed this item. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 7, 2006 Page 4 of 12 Mayor Wambsganss opened the public hearing. Mayor Wambsganss read the names of the following people who did not wish to speak but wanted to record their opposition: Bob Burckle, 1402 Laurel Lane, Southlake, Texas; and, Lynn O'Connor, 1035 Brittany Court, Southlake, Texas. Scott Mattheis, 955 Brittany Court, Southlake, Texas, spoke in opposition to Lot 8. Teri Horn, 1145 Brittany Court, Southlake, Texas, spoke in opposition to this item. Jeff Horn, 1145 Brittany Court, Southlake, Texas, spoke in opposition to this item. Sam Silver, 1420 Laurel Lane, Southlake, Texas, spoke in opposition to this item. Michele Catino, 935 Brittany Court, Southlake, Texas, spoke in opposition to this item. Bob Catino, 935 Brittany Court, Southlake, Texas, spoke in opposition to this item. Tim O'Connor, 1035 Brittany Court, Southlake, Texas, spoke in opposition to this item. Kimberly Bulls, 1501 Coventry Lane, Southlake, Texas, spoke in opposition to this item. Mayor Wambsganss closed the public hearing. Council continued discussion of this request. Motion was made to approve Ordinance No. 480-503, 2nd Reading (ZA06-119), Zoning Change and Development Plan for proposed La Mirada, including the following amendments: the deletion of Lot 8; moving the road to the south to save a pecan tree and oak tree at the entrance to the property as referenced by the developer; requiring the developer to work with the neighbors as to the location of plantings and height of berms and the locations of the plantings and berms will be determined after construction of the road and be in concurrence with the neighbors; requiring the pergola to have stone columns; the iron fencing will have a minimum of % inch gauge being heavier than what was presented in the pictures with stone columns every 30 feet; requiring no wood fencing; requiring the pond located at the front will be a retention/detention pond; stating that any accessory buildings or sports courts or other improvements will be no closer than 40 feet from the south boundary of the lots and not allowing lights on the sports courts; noting the developer has agreed to deed restrict Lot 7 to prohibit subdivision; not allowing this to be a gated community; and subject to Development Review Summary No.4, dated November 1,2006. Motion: Terrell Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 7, 2006 Page 5 of 12 Nays: None Approved: 6-0 Agenda Item No. 68. ZA06-120. Preliminary Plat for La Mirada. located at 1925 North Peytonville Avenue. Current Zoning: RE Single Family Residential Estate District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #11. Chief Planner Killough presented this item to Council in conjunction with item 6A. Motion was made to approve ZA06-120, Preliminary Plat for La Mirada subject to the prior zoning approval and restrictions and subject to Plat Review Summary No.3, dated November 1, 2006. Motion: Second: Ayes: Nays: Approved: Terrell Muzyka Hill, Jones, Morris, Muzyka, Terrell, Wambsganss None 6-0 Agenda Item No. 6C. Ordinance No. 480-NNN. 2nd Reading. Amendments to the Comprehensive Zoning Ordinance No. 480. as amended. including sidewalk requirements and minimum lot size standards for open space lots in residential zoning districts. Director Baker presented this item to Council in conjunction with item 6D. 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; AMENDING SECTION 7, GENERAL DISTRICT REGULATIONS, TO AMEND THE LIST OF ZONING DISTRICTS; AMENDING SECTIONS 11, 13, 14, 29, AND 50, CLARIFYING THE LOT AREA REQUIREMENTS FOR OPEN SPACE LOTS; AMENDING SECTION 33, SUPPLEMENT AR Y DISTRICT REGULATIONS, TO ADD SIDEWALK REQUIREMENTS FOR COMMERCIAL DEVELOPMENT; AMENDING SECTION 42, BUFFERYARDS, TO ADD THE NEW ZONING DISTRICTS TO THE BUFFERYARD TABLE; AMENDING SECTION 44, BOARD OF ADJUSTMENT, TO AMEND THE SPECIAL EXCEPTION USE TABLE; AND AMENDING SECTION 45, SPECIFIC USE PERMITS, TO AMEND THE SPECIFIC USE PERMITS TABLE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULA TIVE 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 PUBLICA TION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-NNN, 2nd Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, including sidewalk requirements and minimum lot size standards for open space lots in residential zoning districts, and adding the "SF-2" zoning designation. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 7, 2006 Page 6 of 12 Motion: Second: Ayes: Nays: Approved: Morris Terrell Hill, Jones, Morris, Muzyka, Terrell, Wambsganss None 6-0 Agenda Item No. 6D. Ordinance No. 483-K, 2nd Reading, Amendments to the Subdivision Ordinance No. 483, as amended, including sidewalk requirements. Director Baker presented this item to Council in conjunction with item 6C. 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 AMENDING ORDINANCE NO. 483, THE SUBDIVISION ORDINANCE; REVISING ARTICLE V, SECTION 5.03 TO CLARIFY SIDEWALK REQUIREMENTS AND ARTICLE 4.01 (F) PROVIDING FOR CITY APPROVAL OF STANDARD DEVELOPER'S AGREEMENTS; PROVIDING A PENALTY; 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. 483-K, 2nd Reading, Amendments to the Subdivision Ordinance No. 483, as amended, including sidewalk requirements. Motion: Morris Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6E. Ordinance No. 480-508, 2nd Reading (ZA06-117), Zoning Change and Concept Plan for propertv at 1611 East Dove Road. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #5. Chief Planner Killough presented this item to Council. 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 TRACTS IBlA3 & IBIA7, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511, BEING APPROXIMATELY 2.14 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-IA" SINGLE F AMIL Y RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN A TT ACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 7, 2006 Page 7 of 12 "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 VIOLA nONS HEREOF; PROVIDING A SAVINGS CLAUSE; 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. 480-508, 2nd Reading (ZA06-117), Zoning Change and Concept Plan for property at 1611 East Dove Road subject to Concept Plan Review Summary No.2, dated November 1,2006. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6F. Ordinance No. 480-422a. 2nd Reading (ZA06-147). Zoning Change and Site Plan for Westgate Plaza. located at 2300 East State Highway 114. Current Zoning: S-P-l Detailed Site Plan District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #6. Chief Planner Killough presented this item to Council. Applicant Rusty Prentice from Peyton Engineers answered Council's questions. Mayor Wambsganss announced that Council would hold this item and item 6G until later in the meeting to give the applicant and staff time to determine details relating to Grapevine's approval on this item. Agenda Item No. 6H. ZA06-135. Site Plan for Lot 2Rl. Block 60. Pecan Creek located at 409 Byron Nelson Parkwav. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #9E. Chief Planner Killough presented this item to Council. Applicant Gary Clark answered Council's questions. Council discussed this item with the applicant and asked for more detail on the landscaping as well as a color palette and color rendering for the building. Motion was made to table ZA06-135, Site Plan for Lot 2R1, Block 60, Pecan Creek, to the November 21, 2006, regular City Council meeting. Motion: Hill Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Mayor Wambsganss called for a break at 9:18 p.m. and reconvened the meeting at 9:40 p.m. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 7, 2006 Page 8 of 12 Mayor Wambsganss announced that Council will now go back to Items 6F and 6G. Agenda Item No. 6F. Ordinance No. 480-422a, 2nd Reading (ZA06-147), Zoning Change and Site Plan for Westgate Plaza, located at 2300 East State Highway 114. Current Zoning: S-P-l Detailed Site Plan District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #6. Agenda Item No. 6G. ZA06-103, Plat Showing for T. Easter No. 458 Addition being approximately 1 acre of land located at 2300 East State Highway 114. Current Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #6. The Mayor said there is some uncertainty about the exact details of the approval of Items 6F and 6G by the City of Grapevine and that they will be tabled until the next meeting. Motion was made to table Item 6F, Ordinance No. 480-422a, and Item 6G, ZA06-103, to the November 21, 2006, regular City Council meeting Motion: Morris Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 61. Resolution No. 06-069, (ZA06-158), Specific Use Permit for the sale of alcoholic beverages at Campania Pizza & More located at 291 Grand Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. 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, LOCATED AT 291 GRAND AVENUE, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 7, BLOCK 4Rl, SOUTHLAKE TOWN SQUARE, PHASE IV, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 06-069, (ZA06-158), Specific Use Permit for the sale of alcoholic beverages at Campania Pizza & More located at 291 Grand A venue for the term of the lease. Motion: Second: Ayes: Muzyka Hill Hill, Jones, Morris, Muzyka, Terrell, Wambsganss REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 7, 2006 Page 9 of 12 Nays: None Approved: 6-0 Agenda Item No. 6J. ZA06-162, Revised Site Plan for Lot 2R. Block 3R2, Southlake Town Square - Robb & Stuckey, located at 301 State Street. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. Applicant Brian Stebbins made a presentation and answered Council's questions. Mr. Stebbins discussed ways of breaking up the appearance of the north elevation. Several different suggestions were made of how that goal could be accomplished, and Mr. Stebbins agreed to look at different options. No one spoke during the public hearing. Motion was made to approve ZA06-162, Revised Site Plan for Lot 2R, Block 3R2, Southlake Town Square - Robb & Stuckey, located at 301 State Street, subject to Site Plan Review Summary No.2, dated November 1, 2006, and subject to the statements made by the applicant regarding the north elevation and noting the signage is not being approved tonight. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6K. Ordinance No. 868-A, 2nd Reading, Amendment to the building code to allow a blanket certificate of occupancy for executive suites (excluding medical uses). Director Baker presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE THE BUILDING CODE OF THE CITY OF SOUTHLAKE, PROVIDING FOR ORDINANCE INSPECTIONS AS DISTINGUISHED FROM CERTIFICATE OF OCCUPANCY INSPECTIONS; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; 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. 868-A, 2nd Reading, Amendment to the building code to allow a blanket certificate of occupancy for executive suites (excluding medical uses). Motion: Morris Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 7, 2006 Page 10 of 12 Agenda Item No. 7 A. Ordinance No. 480-000: 15t Reading, Miscellaneous amendments to the Comprehensive Zoning Ordinance No. 480, as amended, including the following: density and use standards in the Transition Zoning District (TZD): Specific Use Permit (SUP) requirements for alcohol sales: open space management plan standards for residential zoning districts: parking variance allowance and Section 4, Definitions. Director Baker presented this item. Council discussed this item. Mayor Wambsganss allowed the public to speak. Robert Gray, 1275 Shady Oaks Drive, spoke to Council about this item. Motion was made to approve Ordinance No. 480-000; 15t Reading, Miscellaneous amendments to the Comprehensive Zoning Ordinance No. 480, as amended, including the following: density and use standards in the Transition Zoning District (TZD); Specific Use Permit (SUP) requirements for alcohol sales; open space management plan standards for residential zoning districts; parking variance allowance and Section 4, Definitions, requesting that the Planning and Zoning Commission hold a work session to evaluate POD / accessory building issues and bringing back that portion to City Council for approval. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 9A. Consider SP06-40L Conditional Sign Permit for Jellico Square located at the northwest comer of West Southlake Boulevard and Randol Mill Avenue. Chief Planner Killough presented this item to Council. Walter Fitinger of Chandler Signs, 3201 Manor Way, Dallas, Texas, and Chas Fisher of Armstrong Development answered Council's questions. Council discussed this request. Motion was made to approve SP06-401, Conditional Sign Permit for Jellico Square located at the northwest comer of West Southlake Boulevard and Randol Mill Avenue, limiting all tenants over 20,000 s.f. to a maximum letter/logo height of 60 inches; limiting junior anchor tenants between 10,000 s.f. and 20,000 s.f. to a maximum letter/logo height of 36 inches; limiting tenants of less than 10,000 s.f. to a maximum letter/logo height of 24 inches; the signs will have the company name only with no descriptive language and the design will be consistent with the Sprouts sign as discussed tonight; requiring the Sprouts signage to have no descriptive language except for what was shown tonight which those being individual letters with back-lighting and no white backing; eliminating monument signs #2A; requiring monument sign # 1 to reference the office park only and not contain multi-tenant listings and the developer will look at the orientation of that sign; requiring monument signs #2B and #2C to comply with our current ordinances and will only have one tenant on each sign with no white backing and will have back lighting with individual letters; requiring the identifier signs on the Sprouts building may have product categories and will not include store and store businesses and will use the words as shown tonight; and requiring the developer to incorporate the name Jellico Square into the development. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 7, 2006 Page 11 of12 Motion: Second: Ayes: Nays: Approved: Terrell Morris Hill, Jones, Morris, Muzyka, Terrell, Wambsganss None 6-0 Agenda Item No. 9B. Consider SP06-463, Variance to Sign Ordinance No. 704-B for Dr. Hebert Office Building, located at 170 Players Circle in Players Circle Addition. Chief Planner Killough presented this item to Council. Applicant Dr. Hebert answered Council's questions. Motion was made to approve SP06-463, Variance to Sign Ordinance No. 704-B for Dr. Hebert Office Building, located at 170 Players Circle in Players Circle Addition, including changing the word, "chiropractor," on the side of the building to, "Southlake Chiropractic," with 12 inch letters. Motion: Second: Ayes: Nays: Approved: Terrell Hill Hill, Jones, Morris, Muzyka, Terrell, Wambsganss None 6-0 Agenda Item No. 9C. Consider SP06-462, Variance to Sign Ordinance No. 704-B for Subway, located at 1959 West Southlake Boulevard, Suite 100, in Players Circle Addition. Chief Planner Killough presented this item to Council. Motion was made to approve SP06-462, Variance to Sign Ordinance No. 704-B for Subway, located at 1959 West Southlake Boulevard, Suite 100, in Players Circle Addition, as presented. Motion: Terrell Second: Muzyak Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 11 :26 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. ~~ Mayor ATTEST: k~tJ ""U"""" ", "TH '" "Ou I A " " t!::.: ~~ I.. ~ ~..~, ~ooooo"oo.;l..t'. 'I... i 0-.... .~;; ~\ :::..: ' ';.(f\-:' =""0 ~v .-<= =-: ~. :$= ;0\ :CIJ~ ': '" .. ~ ~ $,,- .e $ ";.... _ .o.......iJ.. ...~ ~, . "... IIIII **-;. . ,....... II',,,....,,,' Lori A. 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