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2004-04-20 I I. I I I I I I I Ie I I I I I I I. I I OFFICIAL RECORD CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: APRIL 20. 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tern Rex Potter (arrived at 6:06 p.m.), and Councilmembers Carolyn Morris, Keith Shankland, and Greg Standerfer. CITY COUNCIL ABSENT: Councilmember Tom Stephen STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Executive Secretary Kim Bush, City Manager's Office Administrative Secretary Diana Smith, Assistant to the City Manager John Eaglen, Manager of Technical Services Gary Gregg, Audio Visual System Technician Pam Jordan, Information Systems Technician Sam Cobb, Director of Community Services Malcolm Jackson, Economic Development Administrative Secretary Valerie Malta, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Human Resources Administrative Secretary Elaine Mendes-Kish, Director of Planning Bruce Payne, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Chief of Police Marlin Price, Chief of Fire Services Robert Finn, Building Operations Assistant Diana Green, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Deputy City Secretary Tara Brooks, City Attorney E. Allan Taylor, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:39 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items lOA, lOB, and 10C were added to the consent agenda. The work session ended at 6:45 p.m. REGULAR SESSION: Agenda Item No.1. Call to order: The regular session was called to order by Mayor Wambsganss at 6:45 p.m. The Council recessed from 6:45 p.m. to 7:17 p.m. Agenda Item No. 2A. Executive Session: No Executive Session was held. Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:17 p.m. Agenda Item No.3. Invocation: The invocation was given by Yuri Star from Gateway Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2004 Page 1 of9 I I. I I I I I I I I. I I I I I I I. I I Agenda Item No. 4A. Mayor's Reoort: Mayor Wambsganss announced upcoming meetings and events. The Mayor presented a proclamation to Tammy Alvaredo of Alliance for Children for Child Abuse Prevention Month. The Mayor presented a proclamation to Tara Brooks, Diana Smith, Elaine Mendes, Valerie Malta, and Diana Green for Administrative Professionals Week. The Mayor introduced a video being presented by the Robin Hood Coalition regarding the impact of Robin Hood on Carroll Independent School District. Agenda Item No. 4B. City Manager's Report: There was no City Manager's Report. Agenda Item No. 4C. Financial Report: A written report was given to Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 5A. Ap,prove minutes for the March 30. 2004. soecial City Council meeting and for the April 6. 2004. regular City Council meeting. Council approved the minutes as presented. Agenda Item No. 5B. Award the bid for paving and drainage improvements on South Kimball Avenue from FM 1709 to Heritage Park and East Continental Boulevard from Crooked Lane to South Kimball Avenue. S-7 Sewer Line. ContinentaVCarroll Roundabout and Scenic Drive Drainage ImDrovements to Tiseo Paving Company. Director Farahnak presented this item to Council during the work session. Agenda Item No. 5C. Authorize the Mayor to enter into an architectural services agreement with RPGA Design Group. Inc.. for the North DPS Facility. Director Black presented this item to Council during the work session. Agenda Item No. 5D. ZA04-013. Revised Site Plan for Wright Professional Building on proDerty located at 200 East Southlake Boulevard. Current Zoning: 0-1 Office District. SPIN Neighborhood #10. Council approved to table this item to the May 4,2004, City Council meeting. Agenda Item No. 5E. Resolution No. 04-022. An amendment to the Master Thoroughfare Plan for Kirkwood Boulevard. Director Payne answered Council's questions. Council approved to table this item until the Master Thoroughfare Plan is updated. Agenda Item No. lOA. Consider SP04-067. Variance to Sign Ordinance No. 704-A for Piano Gallery located at 2366 and 2368 East State Highway 114. Senior Planner Killough presented this item Council during the work session. Applicant Dan Matise, 4548 Westway Avenue, Dallas, Texas, answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2004 Page 2 of9 I I. I I I I I I I I. I I I I I I I Ie I Agenda Item No. lOB. Consider SP04-068. Variance to Sign Ordinance No. 704-A for Cheeburger Cheeburger located at 2787 East Southlake Boulevard. Suite 100. Senior Planner Killough presented this item to Council during the work session. Agenda Item No. 10C. Consider SP04-065. Variance to Sign Ordinance No. 704-A for Sleep Exnerts located at 2757 East Southlake Boulevard. Suite 120. Senior Planner Killough presented this item to Council during the work session. Motion was made to approve the consent agenda items 5A; 5B; 5C; 5D to table to the May 4, 2004, City Council meeting; 5E to table until the Master Thoroughfare Plan is updated; lOA; lOB; and 10C. Motion: Standerfer Second: Monas Items 5A; 5C; 5D to table to the May 4, 2004, City Council meeting; 5E to table until the Master Thoroughfare Plan is updated; lOA; lOB; and 10C: Ayes: Evans, Monas, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6-0 Item 5B: Ayes: Nays: Approved: Evans, Monas, Potter, Shankland, Wambsganss Standerfer 5-1 REGULAR AGENDA Agenda Item No.6. Public Forum. Deborah Frasier, Carroll Independent School District Boardmember, 402 Bayou Vista Court, Southlake, Texas, spoke regarding the Robin Hood Coalition. Agenda Item No. 7 A. Ordinance No. 480-433. 2nd Reading (ZA03-094) Zoning Change and Site Plan for Blue Haven Pools on proDerty located at 1621 East Southlake Boulevard: on the southwest comer of East Southlake Boulevard and Miron Drive. Current Zoning: C-2 Local Retail Commercial District. Requested Zoning: S-P-l Detailed Site Plan District with C-2 Local Retail Commercial District uses. SPIN Neighborhood #8. Senior 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 LOT 5, BLOCK 1, MIRON ADDITION, AND BEING APPROXIMATELY 1.035 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A" FROM "C-2" LOCAL RETAIL COMMERCIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2004 Page 3 of9 I I. I I I I I I I I. I I I I I I I Ie I DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL DISTRICT 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. Motion was made to approve Ordinance No. 480-433, 2nd Reading (ZA03-094) as approved on 1 st Reading. Motion: Standerfer Second: Shankland Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6-0 Council took action on Agenda Item No. 10D next. Agenda Item No. IOD. Authorize the Mavor to execute a revised residential developer's agreement for Pin Oak Estates. a 57-lot addition. formerly known as Oak Hill Mobile Home Park. Deputy Director Thomas presented this item to Council during the work session. Applicant Tom Mathews, 726 Commerce Street, Southlake, Texas, answered Council's questions. Motion was made to approve Agenda Item No. IOD, authorization of the Mayor to execute a revised residential developer's agreement for Pin Oak Estates, a 57-lot addition, formerly known as Oak Hill Mobile Home Park limiting the City's contribution of the water line construction to $67,878.75 (the fixed-bid price received by the developer), 80% paid upon acceptance of the water line improvements by the City with the remaining 20% paid at the time the gross ad valorum valuation for the development meets or exceeds $17 million and so amending the developer's agreement. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2004 Page 4 0[9 I I. I I I I I I I Ie I I I I I I I I. I Agenda Item No. 7B. Ordinance No. 480-434. 2nd Reading (ZA04-010t Zoning Change for 345 West Bob Jones Road located on the south side of West Bob Jones Road. approximately 1.200 feet west of North White Chapel Boulevard. Current Zoning: AG Agricultural District. Reauested Zoning: SF-IA Sinszle Family Residential District. SPIN Neighborhood #1. Senior 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 COMPREHENSNE 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 12 & 13, SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 992, BEING APPROXIMATELY 4.886 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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 CUMULATNE 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 EFFECTNE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-434, 2nd Reading (ZA04-010). Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7C. Resolution No. 04-024 (ZA04-014) Specific Use Permit for outside sales or service to allow sno-cone stand sales for the months of April through Seotember on proPerty located at 2199 East Dove Road. Current Zoning: C-l Neighborhood Commercial District. SPIN Neighborhood #5. Senior Planner Killough presented this item to Council. Applicant Jeff Day, 2861 Arlen Drive, Hurst, Texas, answered Council's questions and agreed to remove the stand at the end of the approved period of time. 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 OUTDOOR SALES OR REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2004 Page 5 of9 I I. I I I I I I I Ie I I I I I I I I. I SERVICES FOR A SNO-CONE STAND ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2199 EAST DOVE ROAD, BEING LEGALLY DESCRIBED AS TRACT 2J, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511, 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. No one spoke during the public hearing. Motion was made to approve Resolution No. 04-024 (ZA04-014) specific use permit for outside sales or service to allow sno-cone stand sales for the months of April through September at 2199 East Dove Road and requiring the removal of the awning, sno-cone stand, and ice machine at the end of the approved period. Motion: Standerfer Second: Shankland Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7D. Resolution No. 04-025. (ZA04-015)' Specific Use Permit for outside sales or service to allow Sno-Cone stand sales for the months of April through S~tember on DroDerty located at 2232 West Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #15. Senior Planner Killough presented this item to Council. Applicant Jeff Day, 2861 Arlen Drive, Hurst, Texas, answered Council's questions and agreed to remove the stand at the end of the approved period of time. 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 OUTDOOR SALES OR SERVICES FOR A SNO-CONE STAND ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2232 WEST SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 4R3, J.G. ALLEN NO. 18 ADDITION, 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. No one spoke during the public hearing although Mike LaFavers, 303 East Highland, Southlake, Texas, recorded his support. Motion was made to approve Resolution No. 04-025 (ZA04-015) specific use permit for outside sales or service to allow sno-cone stand sales for the months of April through September on property located at 2232 West Southlake Boulevard and requiring the REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2004 Page6of9 I I. I I I I I I I I. I I I I I I I {' I removal of the awning, sno-cone stand, and ice machine at the end of the approved period. Motion: Second: Ayes: Nays: Approved: Standerfer Potter Evans, Morris, Potter, Shankland, Standerfer, Wambsganss None 6-0 Agenda Item No. 7E. Resolution No. 04-026 (ZA04-018) Specific Use Permit for the sale of alcoholic beverages at the Melting Pot on proDerty located at 2777 East Southlake Boulevard. Suite 100. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. Applicant Jeff Raynes, 905 Briarwood Drive, Keller, Texas, answered Council's questions. 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 2777 E. SOUTHLAKE BLVD, SUITE 100, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, CORNERSTONE PLAZA, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 8583, PLAT RECORDS, TARRANT COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHmIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 04-026 (ZA04-018) specific use permit for the sale of alcoholic beverages at the Melting Pot on property located at 2777 East Southlake Boulevard, Suite 100, for a period of ten years and two months. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 8A. Ordinance No. 480-435. 1 st Reading (ZA03-099). Zoning Change and Site Plan for Feedstore BBO described as Tract 4D and a portion of Tract IF. H. Granberry Survey. Abstract No. 581. located at 530 South White Chapel Boulevard. Current Zoning: C-1 Neighborhood Commercial District and AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #14. Senior Planner Killough presented this item to Council. Applicant Bill LaFavers, 620 South REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2004 Page 70f9 I I. I I I I I I I I. I I I I I I I (' I White Chapel Boulevard, Southlake, Texas, made a brief presentation and answered Council's questions. Although this item was not a public hearing, the Mayor allowed the public to speak. Ed Field, 340 Glenrose Court, Southlake, Texas, spoke in support of this item. The Mayor read public comment cards into the record of people who did not wish to speak but registered their support: James Arnold, 3130 Briar Lane, Southlake, Texas; John Picinic, 8405 Castle Creek Road, North Richland Hills, Texas; Steve Lallier, 720 Ashleigh Lane, Southlake, Texas, who wrote "The Feedstore is the perfect example of something that makes Southlake unique and special. I frequent the Feedstore on a regular basis. I support their growth and prosperity and would ask that you do the same by voting in favor of their request." Deborah Frasier, 1005 Tumberry Lane, Southlake, Texas; Mike LaFavers, 303 East Highland Street, Southlake, Texas; Doris LaFavers, 303 East Highland Street, Southlake, Texas; Jerry Palon, 903 Suffolk Court, Southlake, Texas; Matt LaFavers, 520 South White Chapel Boulevard, Southlake, Texas; Brad Walker, 1903 Cresson Drive, Southlake, Texas; Don and Nancy Greene, Southlake, Texas; Stephen Kaminiski, 1706 Redwing Drive, Southlake, Texas; and, Dan and Anne Rozell, 1700 Egret Lane, Southlake, Texas. Ann Creighton, 705 Lakehurst Court, Southlake, Texas, spoke on behalf of her clients, the Grubbs, who are opposed to this item. Gary Hargett, 1111 South White Chapel Boulevard, Southlake, Texas, spoke m opposition to this item. Capri McLemore, 533 South White Chapel Boulevard, Southlake, Texas, spoke in opposition to this item. Council discussed this item. Director Payne clarified that the applicant can not enclose the outdoor patio without coming back to Council with a zoning change request. Motion was made to approve Ordinance No. 480-435, 18t Reading (ZA03-099) as approved by the Planning and Zoning Commission with the following amendments: accepting the applicant's offer to add screening to the south wall of the building and dumpster enclosure, and the substitution of screening to the south of the southern parking lot, and the movement of the dumpster enclosure doors to the west, and accepting the applicant's offer to add required screening to the landscaping area between the existing parking area and the newly resurfaced parking area, and accepting the applicant's offer to add required screening the south and west property lines in the event that the property to the south or to the west of the subject tract is rezoned, and accepting the applicant's offer REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2004 Page 80f9 I I. I I I I I I I II., I I I I I I I , I to replace the existing wooden doors to the dumpster enclosure with metal doors, and accepting the applicant's offer to remove four parking spots from the northeast comer of the tract and moving them to the area of the aerobic system when it is removed, and requiring evergreen, perpetually-maintained screening wherever designated. Motion: Standerfer Second: Evans Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6-0 Agenda Item No. llA. Discussion item regarding property tax reform. Assistant City Manager Yelverton presented this item to Council during the work session and answered Council's questions. Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 9:52 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. ATTEST: JJ::~~~ City Secretary """'-- (~~) Andy Wambsganss Mayor """"""'" "~I ~u, A'" " U \ n..,.,/c " .......',..-0 .........It "" '-J.- .'''-"# ~h · ..~~ ::0'''' * ..~~ i i i~s .)... .'ft. _..... .VI_ ; o~ ; ~ E ~ -.. ..- i .:,.. .- ~ '" ......... ~~ " .M' ," "" * if"?' ,\,.. ""'""""" REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2004 Page 90f9 gece, - ✓PI a-- Ac' n * ( ) O, aoo- C,' 4-v Coo e April 20, 2004 To: Southlake Mayor and City Council Members From: Gary Hargett 1 1 1 1 S. White Chapel Blvd. Southlake, Texas. 76092 (817) 329 -2150 FEEDSTORE BBQ FACTS: 1. 2646 sq. ft. TAD current calculation 1900 " " permitted, inspected & approved by Southlake 746 " " or a 39% unapproved expansion 2. (5) outside storage units & (1) catering trailer on (3) adjoining properties - each zoned differently, all being used in Feedstore BBQ operation 3. BBQ customers continually park & stand in street ROW creating a public safety hazard & putting Southlake at risk. ZA03 -099 asks Southlake to approve and accept all Feedstore BBQ improprieties and reward them by increasing their commercial land size from 0.612 ac. to 1.442 ac., thereby, transferring value from neighbors property to Mr. Lafavers' property which is in violation of Texas law. Feedstore BBQ property represents spot commercial zoning & ZA03 -099 asks you to further violate Southlake's Land Use Plan. It has NEVER been the neighbors intent to put Feedstore BBQ out of business - only to ask Southlake to require compliance to ordinances and eliminate the ongoing favored interpretations of Southlake ordinances by Bruce Payne. Sincer , ary rgett'