REGULAR CITY COUNCIL MEETING JULY 19, 2011

Transcription

1 REGULAR CITY COUNCIL MEETING JULY 19, 2011 The Regular City Council Meeting of the City of Keller was held on Tuesday, July 19, 2011, at Keller Town Hall, 1100 Bear Creek Parkway, Keller, Texas. The following City Council Members were present: Mayor Pat McGrail Council Member Ray Brown Council Member Gary Reaves Mayor Pro Tem Tom Cawthra Council Member Jim Thompson Council Member Doug Miller Council Member Mitch Holmes was absent. Administrative personnel present were City Manager Dan O'Leary, Assistant City Manager Steve Polasek, Assistant City Manager Chris Fuller, City Secretary Sheila Stephens, City Attorney Stan Lowry, Director of Finance Johnny Phifer, Director of Human Resources Carolyn Nivens, Director of Information Services Keith Macedo, Director of Parks and Recreation Dona Roth Kinney, Director of Public Works Greg Dickens, Fire Chief Dan Gaumont, Library Director Jana Prock, Municipal Court Clerk Jeanie Roumell; and Police Chief Mark Hafner. PRE-COUNCIL MEETING A. CALL TO ORDER The Pre-Council Meeting was called to order by Mayor Pat McGrail at 5:04 p.m. B. WORK SESSION 1. Discuss and review agenda items. The City Council discussed and reviewed the agenda items. 2. Discuss and review update to the Comprehensive Thoroughfare Master Plan with Kimley-Horn and Associates, Inc. Page 1 of 17

2 Mr. Greg Dickens, Director of Public Works, gave an update of the Comprehensive Thoroughfare Master Plan with Kimley-Horn and Associates, Inc. Mr. Brad Tribble, Kimley-Horn and Associates, Inc., gave an overview of the Work Authorization Options relating to the City of Keller 2011 Master Thoroughfare Plan Update. Discussion was held by the City Council. The City Council directed City Staff to move forward and negotiate a contract with Option No. 2 and Tasks 8, 9, 11, 13, 14 and 18. C. EXECUTIVE SESSION Mayor Pat McGrail adjourned the meeting to Executive Session during the Pre-Council Meeting for purposes allowed in Chapter 551 of the Texas Government Code. The following subject was discussed in Executive Session: 1. Section , Texas Government Code - Deliberation Regarding Economic Development Negotiations. (1) To discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). 2. Adjourn into Open Meeting. Mayor Pro Tem Tom Cawthra called the Pre-Council Meeting back to order. Mayor Pat McGrail was not present at the time the Pre- Council Meeting was called back to order. 3. Action on Executive Session Item 1 if necessary. Item 1 - No action was taken. Page 2 of 17

3 D. ADJOURN The Pre-Council Meeting was adjourned by Mayor Pro Tem Tom Cawthra at 7:05 p.m. REGULAR MEETING A. CALL TO ORDER The Regular Meeting was called to order by Mayor Pat McGrail at 7:12 p.m. B. INVOCATION Reverend Dwight Walker, Minister of Christian Education, Bear Creek Bible Church, gave the invocation. C. PLEDGE OF ALLEGIANCE Mayor Pat McGrail led the pledge of allegiance. D. PRESENTATIONS 1. Proclamation - "Keller Youth Association All-Star Baseball Teams Day." PROC Keller Youth Association Baseball All-Stars Mayor Pat McGrail proclaimed July 19, 2011 as Keller Youth Association All-Star Baseball Teams Day in the City of Keller. Mayor Pro Tem Tom Cawthra recognized the All-Star Baseball Teams. Mr. Scott Grant, Vice President of Baseball Operations, Keller Youth Association, accepted the proclamation for the Keller Youth Association All-Star Baseball Teams. E. PERSONS TO BE HEARD This is a time for the public to address the City Council on any subject. However, the Texas Open Meetings Act prohibits the City Council from discussing issues which the public has not been given seventy-two (72) hours notice. Issues raised may be referred to City Staff for research and possible future action. No public comments were made. Page 3 of 17

4 F. CONSENT The next order of business was for the City Council to consider the consent agenda items, which were deemed to need little or no discussion, and were acted upon as one business item. 1. Consider approval of the minutes of the City Council Work Session on Friday, June 17, Council Member Jim Thompson made a motion to approve the minutes of the City Council Work Session on Friday, June 17, 2011 as proposed. Council Member Doug Miller seconded the motion. The motion carried unanimously. 2. Consider approval of the minutes of the City Council Work Session on Tuesday, June 21, Council Member Jim Thompson made a motion to approve the minutes of the City Council Work Session on Tuesday, June 21, 2011 as proposed. Council Member Doug Miller seconded the motion. The motion carried unanimously. 3. Consider approval of the minutes of the Regular City Council Meeting on Tuesday, June 28, Council Member Jim Thompson made a motion to approve the minutes of the Regular City Council Meeting on Tuesday, June 28, 2011 as proposed. Council Member Doug Miller seconded the motion. The motion carried unanimously. 4. Consider a resolution adopting 39,920 as the official population as of January 1, 2011, for the City of Keller, Texas. F-4 Memo, Resolution & Staff Attachments Council Member Jim Thompson made a motion to approve Resolution No adopting 39,920 as the official population as of January 1, 2011, for the City of Keller, Texas as proposed. Council Member Doug Miller seconded the motion. The motion carried unanimously. Page 4 of 17

5 5. Consider a resolution authorizing the City Manager to execute an Agreement for Professional Services with Freese and Nichols, Inc., of Fort Worth, Texas, for the purpose of providing engineering design services, relating to the FM 1709 Pavement Widening Improvements Project at U.S. Highway 377, for the Public Works Department. F-5 Memo, Resolution & Exhibit A Council Member Jim Thompson made a motion to approve Resolution No authorizing the City Manager to execute an Agreement for Professional Services with Freese and Nichols, Inc., of Fort Worth, Texas, for the purpose of providing engineering design services, relating to the FM 1709 Pavement Widening Improvements Project at U.S. Highway 377, for the Public Works Department as proposed. Council Member Doug Miller seconded the motion. The motion carried unanimously. 6. Consider a resolution authorizing the City Manager to execute an amended Independent Contractor Agreement with Aliquantus Consulting, LLC, of Keller, Texas, for the purpose of economic development services. F-6 Memo, Resolution, Exhibit A & Proposal & Resume Council Member Jim Thompson made a motion to approve Resolution No authorizing the City Manager to execute an amended Independent Contractor Agreement with Aliquantus Consulting, LLC, of Keller, Texas, for the purpose of economic development services as proposed. Council Member Doug Miller seconded the motion. The motion carried unanimously. 7. Consider a resolution approving the submission of an application for Assistance to Firefighters Grant, by the City of Keller Fire-Rescue Department, for the purpose of purchasing new fire radios and "Flame-Sim" fireground training computer hardware and software. F-7 Memo & Resolution Council Member Jim Thompson made a motion to approve Resolution No approving the submission of an application for Assistance to Firefighters Grant, by the City of Keller Fire-Rescue Department, for the Page 5 of 17

6 G. OLD BUSINESS purpose of purchasing new fire radios and "Flame-Sim" fireground training computer hardware and software as proposed. Council Member Doug Miller seconded the motion. The motion carried unanimously. 1. Consider a resolution authorizing the City Manager to execute an Encroachment License Agreement with Keller Tavern, for the purpose of constructing a dumpster pad and enclosure in the Lamar Street right-of-way, south of West Taylor Street. G-1 Memo, Resolution, Exhibit A, Staff Attachments & Maps Mr. Tom Elgin, Community Development Manager, gave a presentation relating to the Encroachment License Agreement with Keller Tavern, for the purpose of constructing a dumpster pad and enclosure in the Lamar Street right-of-way, south of West Taylor Street. Mr. Cary Moon, owner, was present to answer questions relating to the Encroachment License Agreement with Keller Tavern. Council Member Ray Brown made a motion to approve Resolution No authorizing the City Manager to execute an Encroachment License Agreement with Keller Tavern, for the purpose of constructing a dumpster pad in the Lamar Street right-of-way, south of West Taylor Street with the following conditions: 1. The Encroachment License Agreement shall include a temporary dumpster pad location without an enclosure until a study is completed to determine permanent locations for dumpsters in Old Town Keller. 2. The Encroachment License Agreement shall be valid for a duration not to exceed one (1) year beginning on the date of the passage of this resolution. Council Member Gary Reaves seconded the motion. The motion carried unanimously. Page 6 of 17

7 H. NEW BUSINESS 1. PUBLIC HEARING: Consider an ordinance approving a planned development amendment for Estates of Lyndhurst, a proposed assisted care facility, located on a 3.50-acre lot, on the southwest corner of Davis Boulevard (FM 1938) and Lyndhurst Way, at 8745 Davis Boulevard, being Lot 1, Block G, Estates of Lyndhurst, and zoned PD-R (Planned Development-Retail). Brickstone Development, LP, owner/applicant/developer. Adams Engineering, engineer. (Z ) H-1 Memo, Ordinance, Exhibit A, Staff Attachments & Maps Mr. David Hawkins, Senior Planner, noted that the City Staff had received a request from the applicant to table New Business Item No. 1 until the September 6, 2011 Regular City Council Meeting. Mayor Pat McGrail opened the public hearing. No public comments were made. Council Member Gary Reaves made a motion to continue the public hearing until the September 6, 2011 Regular City Council Meeting for New Business Item No. 1. Council Member Ray Brown seconded the motion. The motion carried unanimously. 2. PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for Legacy Retreat Center to operate a tourist home/bed and breakfast establishment, located on a 3.00-acre tract of land out of the Thomas Peck Survey, Abs tract No. 1209, Tract 1A02G1, on the south side of Clay Hibbins Road, approximately 120 feet west of Pine Hurst Drive, at 8704 Clay Hibbins Road, and zoned SF-LD (Single Family Residential-Low Density-36,000 square-foot minimum). Tim Bird, owner/applicant/developer. (SUP ) H-2 Memo, Ordinance, Exhibit A, Staff Attachments & Maps Mr. Tom Elgin, Community Development Manager, gave a presentation of the request for a Specific Use Permit (SUP) for Legacy Retreat Center to operate a tourist home/bed and breakfast establishment, located on a 3.00-acre tract of land out of the Thomas Peck Survey, Abstract No. 1209, Tract 1A02G1, on the south side of Page 7 of 17

8 Clay Hibbins Road, approximately 120 feet west of Pine Hurst Drive, at 8704 Clay Hibbins Road. Mr. Tim Bird and Mrs. Cyndi Bird, owner/applicant/developer, gave a presentation of the request for a Specific Use Permit (SUP) for Legacy Retreat Center to operate a tourist home/bed and breakfast establishment, located at 8704 Clay Hibbins Road and requested the City Council to consider the SUP with a limited term of eighteen or twenty-four months and a ten square-foot sign. Mayor Pat McGrail opened the public hearing. The following individuals spoke in support of the request for a Specific Use Permit (SUP) for Legacy Retreat Center to operate a tourist home/bed and breakfast establishment at 8704 Clay Hibbins Road: Ms. Daveen Miller, 913 Los Altos Trail, Southlake, Texas; Ms. Ann-Marie Trammell, 1648 Bradford Grove Trail; Ms. Jessica Hook, 2109 Old York Drive; Mr. Tom Barnett, 1300 Keller Parkway, No. 1712; Ms. Dana Sellars, 3004 Steve Drive, Hurst, Texas; Mr. Jody Boyd, 8820 Clay Hibbins Road; Mr. Roy Frost, 8800 Indian Knoll Trail; Ms. Jerre Johnson, 8800 Indian Knoll Trail; Mr. Peter Paulsen, 8622 Indian Knoll Trail; Ms. Navelle Gossman, 8600 Indian Knoll Trail; and Mr. Jim Conkle, 8608 Indian Knoll Trail. The following individuals spoke in opposition of the request for a Specific Use Permit (SUP) for Legacy Retreat Center to operate a tourist home/bed and breakfast establishment at 8704 Clay Hibbins Road: Ms. Roseanna Flanagan, 2432 Southern Hills Drive; Mr. Steve Tigerman, 1207 Pine Hurst Drive; Mr. Barry Bumgardner 1220 Pine Hurst Drive; Mr. Alan Beaton, President of Southern Hills Homeowners Association, 1105 Sawgrass Court; and Mr. William David Edwards, 1207 Pine Hurst Drive. Council Member Doug Miller made a motion to close the public hearing. Council Member Jim Thompson seconded the motion. The motion carried unanimously. Mr. Tim Bird, owner/applicant/developer, made closing comments relating to traffic, neighborhood impact, and home values. Discussion was held by the City Council. Page 8 of 17

9 Council Member Jim Thompson made a motion to approve Ordinance No approving a Specific Use Permit (SUP) for Legacy Retreat Center to operate a tourist home/bed and breakfast establishment, located on a 3.00-acre tract of land out of the Thomas Peck Survey, Abstract No. 1209, Tract 1A02G1, on the south side of Clay Hibbins Road, approximately 120 feet west of Pine Hurst Drive, at 8704 Clay Hibbins Road, and zoned SF-LD (Single Family Residential-Low Density-36,000 square-foot minimum) with the following conditions: 1. Prior to the issuance of a Certificate of Occupancy, a fire sprinkler system, fire alarm system and smoke alarms shall be installed and in working order in accordance with the 2009 International Fire Code (IFC) as amended and adopted. 2. A Certificate of Occupancy shall be obtained by the applicant in order to continue business operations. 3. The use of a detached sign shall be allowed. The detached sign shall not exceed ten (10) square feet in total sign area and six feet (6 ) in total sign height. The sign materials shall be restricted to wood, metal, brick or stone and shall not be internally illuminated. A sign permit shall be required. 4. The SUP shall be granted specifically to twenty-four (24) months for their operation of a business called Legacy Retreat Center and shall be non-transferable to a subsequent owner or lessee. Tim Bird, owner/applicant/developer. Council Member Ray Brown seconded the motion. The motion carried with the following vote: AYES: NAYS: Council Member Ray Brown, Mayor Pro Tem Tom Cawthra, Council Member Jim Thompson, and Council Member Doug Miller. Council Member Gary Reaves and Mayor Pat McGrail. Page 9 of 17

10 3. PUBLIC HEARING: Consider an ordinance approving an amendment to a Specific Use Permit (SUP) for QuikTrip, a 4,902 square-foot convenience store with gasoline pumps, to add two (2) additional gasoline dispensers and expand the existing gasoline canopy, located on a 1.84-acre lot on the east side of Davis Boulevard (FM 1938) at Bear Creek Parkway, at 8836 Davis Boulevard, being Lot 1, Block A, Q.T. 968 Addition, and zoned C (Commercial). QuikTrip Corporation, owner/developer/applicant. (SUP ) H-3 Memo, Ordinance, Exhibit A, Staff Attachment & Maps Mr. David Hawkins, Senior Planner, gave a presentation regarding the request for an amendment to a Specific Use Permit (SUP) for QuikTrip, a 4,902 square-foot convenience store with gasoline pumps, to add two (2) additional gasoline dispensers and expand the existing gasoline canopy, located on a 1.84-acre lot on the east side of Davis Boulevard (FM 1938) at Bear Creek Parkway, at 8836 Davis Boulevard. Mr. Jake Petras, Real Estate Project Manager, QuikTrip Corporation, was present to answer questions relating to the request for an amendment to a Specific Use Permit (SUP) for QuikTrip. Mayor Pat McGrail opened the public hearing. No public comments were made. Council Member Gary Reaves made a motion to close the public hearing. Council Member Ray Brown seconded the motion. The motion carried unanimously. Discussion was held by the City Council. Council Member Gary Reaves made a motion to approve Ordinance No approving an amendment to a Specific Use Permit (SUP) for QuikTrip, a 4,902 square-foot convenience store with gasoline pumps, to add two (2) additional gasoline dispensers and expand the existing gasoline canopy, located on a 1.84-acre lot on the east side of Davis Boulevard (FM 1938) at Bear Creek Parkway, at 8836 Davis Boulevard, being Lot 1, Block A, Q.T. 968 Addition, and zoned C (Commercial) with the following condition: 1. Additional landscaping to be required of at least a minimum of three (3) canopy trees and six (6) Page 10 of 17

11 crepe myrtles, to be placed in the north and south landscape islands along the frontage of the road. QuikTrip Corporation, owner/developer/applicant. Council Member Ray Brown seconded the motion. The motion carried with the following vote: AYES: NAYS: Council Member Ray Brown, Council Member Gary Reaves, Mayor Pat McGrail, Council Member Jim Thompson, and Council Member Doug Miller. Mayor Pro Tem Tom Cawthra. 4. PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for First Choice Emergency Room at Uptown Keller, a proposed 12,240 square-foot medical and retail facility, to construct a singlestory building in lieu of the required two-story building in Town Center, located on a 1.73-acre lot on the south side of Keller Parkway (FM 1709), approximately 250 feet west of Country Brook Drive, at 1220 Keller Parkway, being Lot 10, Block B, Keller Town Center Addition, and zoned TC (Town Center). Uptown Keller Partners, LP., owner. KP Medical Center, Ltd., applicant/developer. (SUP ) H-4 Memo, Ordinance, Exhibit A, Staff Attachments & Maps Mr. David Hawkins, Senior Planner, gave a presentation regarding the request for a Specific Use Permit (SUP) for First Choice Emergency Room at Uptown Keller, a proposed 12,240 square-foot medical and retail facility, to construct a single-story building in lieu of the required two-story building in Town Center, located on a 1.73-acre lot on the south side of Keller Parkway (FM 1709), approximately 250 feet west of Country Brook Drive, at 1220 Keller Parkway. Mr. Steve Buttry, Buttry Realty Partners, LLC, representing First Choice Emergency Room, was present to answer questions relating to the request for a Specific Use Permit (SUP) for First Choice Emergency Room at Uptown Keller, at 1220 Keller Parkway. Page 11 of 17

12 Mayor Pat McGrail opened the public hearing. No public comments were made. Council Member Doug Miller made a motion to close the public hearing. Council Member Jim Thompson seconded the motion. The motion carried unanimously. Discussion was held by the City Council. Council Member Doug Miller made a motion to approve Ordinance No approving a Specific Use Permit (SUP) for First Choice Emergency Room at Uptown Keller, a proposed 12,240 square-foot medical and retail facility, to construct a single-story building in lieu of the required two-story building in Town Center, located on a 1.73-acre lot on the south side of Keller Parkway (FM 1709), approximately 250 feet west of Country Brook Drive, at 1220 Keller Parkway, being Lot 10, Block B, Keller Town Center Addition, and zoned TC (Town Center) with the following conditions: 1. The variance request to allow a single-story building height in lieu of the required two-story building height shall be allowed. 2. The variance request to allow a flat roof with parapet wall construction in lieu of the required sloping roof or pitched roof construction shall be allowed. Uptown Keller Partners, LP., owner. KP Medical Center, Ltd., applicant/developer. Council Member Gary Reaves seconded the motion. The motion carried with the following vote: AYES: NAYS: Council Member Ray Brown, Council Member Gary Reaves, Mayor Pat McGrail, Council Member Jim Thompson, and Council Member Doug Miller. Mayor Pro Tem Tom Cawthra. 5. PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for an approximately 400 square-foot accessory building, located on a 2.98-acre tract of land out of the A. Barnes Survey, Abstract No. 142, Tracts 4A1A and 4D1, on the northwest corner of Knox Road and Ottinger Road, at 1665 Knox Road, and zoned SF-LD (Single Family Residential-Low Density- Page 12 of 17

13 36,000 square-foot minimum). William D. Erhardt, owner/applicant/developer. (SUP ) H-5 Memo, Ordinance, Exhibit A & Maps Mr. Tom Elgin, Community Development Manager, gave a presentation regarding a request for a Specific Use Permit (SUP) for an approximately 400 square-foot accessory building, located on a 2.98-acre tract of land out of the A. Barnes Survey, Abstract No. 142, Tracts 4A1A and 4D1, on the northwest corner of Knox Road and Ottinger Road, at 1665 Knox Road. Mr. Earl Corey, 1516 Hudnall Farm Road, was present on behalf of the applicant, Mr. William D. Erhardt, to answer questions regarding a request for a Specific Use Permit (SUP) for an approximately 400 square-foot accessory building, at 1665 Knox Road. Discussion was held by the City Council. Mayor Pat McGrail was not present at the time the public hearing was opened. Mayor Pro Tem Tom Cawthra opened the public hearing. No public comments were made. Council Member Jim Thompson made a motion to close the public hearing. Council Member Doug Miller seconded the motion. The motion carried unanimously. Council Member Ray Brown made a motion to deny a request for an ordinance approving a Specific Use Permit (SUP) for an approximately 400 square-foot accessory building, located on a 2.98-acre tract of land out of the A. Barnes Survey, Abstract No. 142, Tracts 4A1A and 4D1, on the northwest corner of Knox Road and Ottinger Road, at 1665 Knox Road, and zoned SF-LD (Single Family Residential-Low Density-36,000 square-foot minimum). William D. Erhardt, owner/applicant/developer. Council Member Gary Reaves seconded the motion. The motion carried with the following vote: AYES: Council Member Ray Brown, Council Member Gary Reaves, Mayor Pro Tem Tom Cawthra, and Mayor Pat McGrail. Page 13 of 17

14 NAYS: Council Member Jim Thompson and Council Member Doug Miller. 6. Consider a resolution approving an amended site plan for Walmart Neighborhood Market, a 42,989 square-foot grocery store, located on a 6.0-acre lot on the northwest corner of Rufe Snow Drive and Bursey Road, at 2031 Rufe Snow Drive, being Lot 2, Block A, Rufe Snow Market Plaza Addition, and zoned R (Retail). Walmart Real Estate Business Trust, owner. Raymond Harris and Associates, applicant. (SP ) H-6 Memo, Resolution, Exhibit A, Staff Attachment, Maps Mr. David Hawkins, Senior Planner, gave a presentation relating to the request for an amended site plan for Walmart Neighborhood Market, a 42,989 square-foot grocery store, located on a 6.0-acre lot on the northwest corner of Rufe Snow Drive and Bursey Road, at 2031 Rufe Snow Drive. Mr. Andrew Moon, Raymond Harris and Associates, applicant, was present to answer questions relating to the request for an amended site plan for Walmart Neighborhood Market at 2031 Rufe Snow Drive. Council Member Doug Miller made a motion to approve Resolution No approving an amended site plan for Walmart Neighborhood Market, a 42,989 square-foot grocery store, located on a 6.0-acre lot on the northwest corner of Rufe Snow Drive and Bursey Road, at 2031 Rufe Snow Drive, being Lot 2, Block A, Rufe Snow Market Plaza Addition, and zoned R (Retail) with the following conditions: 1. The request to allow the Walmart Market attached building sign on the east elevation to be internally illuminated shall be allowed. 2. All other requirements and conditions of Resolution No. 1436, approving the Site Plan for Walmart Neighborhood Market, shall continue to be applicable. Walmart Real Estate Business Trust, owner. Raymond Harris and Associates, applicant. Council Member Gary Page 14 of 17

15 Reaves seconded the motion. The motion carried unanimously. 7. Consider a resolution approving variances to the City of Keller Unified Development Code, Article 9, Zoning/Development Standards, Section 9.01, Building Design Standards, and Section 9.07, Fencing Requirements in Multi-Family and Non-Residential Districts, for Keller Tavern, a 2,260 square-foot restaurant and bar, located on a 0.20-acre lot on the west side of South Main Street (U.S. Highway 377), approximately 380 feet south of Keller Parkway (FM 1709), at 128 South Main Street, being Lot 2R, Block 2, Original Town of Keller, and zoned R-OTK (Retail- Old Town Keller Overlay District). Cary Moon, owner/applicant/developer. (UDC ) H-7 Memo, Resolution, Exhibit A, Staff Attachment & Maps Mr. Tom Elgin, Community Development Manager, gave a presentation of the request for variances to the City of Keller Unified Development Code, Article 9, Zoning/Development Standards, Section 9.01, Building Design Standards, and Section 9.07, Fencing Requirements in Multi-Family and Non-Residential Districts, for Keller Tavern, a 2,260 square-foot restaurant and bar, located on a 0.20-acre lot on the west side of South Main Street (U.S. Highway 377), approximately 380 feet south of Keller Parkway (FM 1709), at 128 South Main Street. Council Member Ray Brown made a motion to approve Resolution No approving variances to the City of Keller Unified Development Code, Article 9, Zoning/Development Standards, Section 9.01, Building Design Standards, and Section 9.07, Fencing Requirements in Multi-Family and Non-Residential Districts, for Keller Tavern, a 2,260 square-foot restaurant and bar, located on a 0.20-acre lot on the west side of South Main Street (U.S. Highway 377), approximately 380 feet south of Keller Parkway (FM 1709), at 128 South Main Street, being Lot 2R, Block 2, Original Town of Keller, and zoned R-OTK (Retail-Old Town Keller Overlay District) with the following conditions: Page 15 of 17

16 1. The variance request to waive the required screening for the roof top grease duct terminal shall be allowed. 2. The variance request to allow a cedar wood fence with a top rail and cap around the perimeter of the outdoor dining area shall be allowed. The fencing height shall be seven feet (7 ) along the north and south sides of the outdoor dining area and four feet (4 ) along the west side of the outdoor dining area. Mr. Cary Moon, owner/applicant/developer. Council Member Gary Reaves seconded the motion. The motion carried unanimously. I. DISCUSSION None J. EXECUTIVE SESSION Executive Session was not held during the Regular Meeting. 1. Section , Texas Government Code - Deliberation Regarding Economic Development Negotiations. (1) To discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). 2. Adjourn into Open Meeting. 3. Action on Executive Session Item 1 if necessary. K. ADJOURN Item 1 - No action was taken. Page 16 of 17

17 Council Member Gary Reaves made a motion to adjourn the meeting at 10:50 p.m. Council Member Jim Thompson seconded the motion. The motion carried unanimously. CITY SECRETARY MAYOR Page 17 of 17