2003-09-02 Regular CC Meeting CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: SEPTEMBER 2, 2003
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:30 to 6:00 P.M.
1. Call to order.
2. Discussion of all items on tonight's meeting agenda. No action will be taken and each
item will be considered during the Regular Session.
REGULAR SESSION: 6:00 P.M. or Immediately Following the Work Session
1. Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas
Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076 and
551.087. Refer to posted list attached hereto and incorporated herein. Executive
Session may be held, under these exceptions, at the end of the Regular
Session or at any time during the meeting that a need arises for the City
Council to seek advice from the City Attorney as to the posted subiect matter
of this City Council meeting.
1. Section 551.072 Deliberation Regarding Real Property
a. Discuss value of city -owned residential property on Jordan Drive
near Pearson Lane.
2. Section 551.087 Deliberation Regarding Economic Development
Negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Chaplain of the Month — David Dyke, Refuge Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
1. CLIDE Award presentation to Cooper and Stebbins
2. Shopping and Restaurant Guide presentation and distribution
C. Park and Recreation Board Report
D. Library Board Report
E. Southlake 2025 Committee Report
F. SPIN Report
G. Local Business Report
City of Southlake
City Council Meeting Agenda
September 2, 2003
Page 2 of 5
CONSENT AGENDA
All items listed below are considered to be routine by the City Council and will be enacted with
one motion. There will be no separate discussion of items unless a Councilmember or citizen so
requests, in which event the item will be removed from the general order of business and
considered in its normal sequence.
5. Consent:
A. Approve the minutes of the City Council regular meeting held on August 19,
2003.
B. Resolution No. 03 -001, Appoint representatives to the SPIN Standing Committee.
C. Approve a variance to the Subdivision Ordinance No. 483, Section 4.01(I) (Plat
Expiration), as amended, extending the validity of Case No. ZA01 -103, Final Plat
for Greenway - Carroll Addition.
D. ZA03 -043, Revised Site Plan for Harris Methodist Southlake, on property located
on the south side of East Southlake Boulevard (FM 1709) and 1,500' east of
Carroll Avenue. Current Zoning: S -P -2 General Site Plan District. SPIN
Neighborhood #8. THIS ITEM HAS BEEN TABLED AND THE PUBLIC
HEARING WILL BE READVERTISED WHEN THE DATE IS SET.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480 -420, (ZA03 -020) 2 Reading, Zoning Change and Concept
Plan for Chapel Hill Office Park on property described as Tract 5F, O.W. Knight
Survey, Abstract No. 899, being approximately 4.24 acres located at 205 East
Southlake Blvd (FM 1709). Current Zoning: AG Agricultural District. Requested
Zoning: S -P -2 Generalized Site Plan District with 0-1 Office District uses. SPIN
Neighborhood #9W. PUBLIC HEARING
B. Ordinance No. 480 -231b (ZA03 -033), 2 Reading, Zoning Change and Site Plan
for Medical Air Services on property located at 1250 West Southlake Boulevard
(FM 1709). Current Zoning: S -P -1 Detailed Site Plan District. Requested Zoning:
S -P -1 Detailed Site Plan District. SPIN Neighborhood #13. PUBLIC HEARING
C. Ordinance No. 480 -425 (ZA03 -052), 2 Reading, Zoning Change for Tracts 2B
& 2C, C. Dart Survey, Abstract No. 2003, located on the south side of Dove Road
approximately 220' west of Peytonville Avenue. Current Zoning: AG Agricultural
City of Southlake
City Council Meeting Agenda
September 2, 2003
Page 3 of 5
District. Requested Zoning: SF -1A Single Family Residential District. SPIN
Neighborhood #12. PUBLIC HEARING
D. Ordinance No. 480 -330b (ZA03 -057), 2n1 Reading, Zoning Change and Site Plan
for Carroll ISD No. 6 Addition on property located south of Crooked Lane,
approximately 300' east of the intersection of Crooked Lane and South Kimball
Avenue. Current Zoning: S -P -1 Detailed Site Plan with CS Community Service
District uses. Requested Zoning: S -P -1 Detailed Site Plan with CS Community
Service District uses. SPIN Neighborhood #7. PUBLIC HEARING
E. Resolution No. 03 -069 (ZA03 -054), Specific Use Permit for the sales and service
of used automobiles, trucks, and motorhomes on property located at 2810 Market
Loop, Suite 200. Current Zoning: I -1 Light Industrial District. SPIN
Neighborhood #7. PUBLIC HEARING
F. ZA03 -061, Revised Site Plan for Bob Jones Park on property located on the
southeast corner of the intersection of North White Chapel Boulevard and Bob
Jones Road, and being approximately 200 acres. Current Zoning: AG Agricultural
District. SPIN Neighborhood #1. PUBLIC HEARING
G. Resolution No. 03 -070 (ZA03 -062) Specific Use Permit for a studio designed for
practice, education, and training in music at Southlake Music Academy on
property located at 2010 East State Highway 114. Current Zoning: C -2 Local
Retail Commercial District. SPIN Neighborhood #6. PUBLIC HEARING
H. Ordinance No. 854, 2nd Reading, Amend Chapter 12, Section 77, of the Southlake
City Code to increase the number of members on the Park and Recreation Board
from seven to nine, adding places eight and nine. PUBLIC HEARING.
I. Approve Crime Control District FY 2003 -04 Operating Budget and multi -year
CIP. PUBLIC HEARING
J. Ordinance No. 855, e Reading, Annual Budget for FY 2003 -04 and approve the
revised budget figures for FY 2002 -03. FIRST PUBLIC HEARING
K. Ordinance No. 856, 1 Reading, Tax Levy Ordinance. FIRST PUBLIC
HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480 -424, (ZA03 -034), 1 Reading, Zoning Change and Site Plan
for White Chapel Plaza Office Park on property located at 1310 White Chapel
Boulevard. Current Zoning: S -P -1 Detailed Site Plan District with 0-1 Office
District uses. Requested Zoning: S -P -1 Detailed Site Plan District with 0-1 Office
City of Southlake
City Council Meeting Agenda
September 2, 2003
Page 4 of 5
District uses. SPIN Neighborhood #11. (If approved on first reading, the public
hearing will be held on September 16, 2003.)
B. ZA03 -055, Plat Revision, Lots 13 & 14, Block 4, Southlake Park, being a revision
of Lot 12R2R, Block 4, Southlake Park; being approximately 3.36 acres located
on the east side of Ridgecrest Drive approximately 80' south of Woodland Trail.
Current Zoning: SF -1A Single Family Residential District. SPIN Neighborhood
#3.
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration: (There are no items on this agenda.)
11. Other items for discussion: (There are no items on this agenda.)
12. Meeting Adjourned.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall,
1400 Main Street, Southlake, Texas, on Friday, August 29, 2003, by 6:00 p.m., pursuant to the
Texas Government Code, Chapter 551.
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Lori A. Farwell : % u'
City Secretary = 0
If you plan to attend this public meeting and ° ftuc, q gitiatiit'ty that requires special needs, please advise
the City Secretary 48 hours in advance at 817 - 481 -1490 and reasonable accommodations will be made to
assist you.
City of Southlake
City Council Meeting Agenda
September 2, 2003
Page 5 of 5
EXECUTIVE SESSION
SECTION 551.071 CONSULTATION WITH ATTORNEY
The City Council may conduct a private consultation with its attorney when the City Council
seeks the advice of its attorney concerning any item on this agenda, about pending and
contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to
the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board
of Texas clearly conflicts with Chapter 551. This includes the following pending and/or
contemplated litigation subjects:
1. City of Southlake vs. Timarron et.al. May 2001.
2. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002.
3. Richard W. Hart vs. City of Southlake. September 2002.
4. Architectural Utilities Limited Partnership dba AUI General Contractors vs. City
of Southlake. March 2003.
SECTION 551.072 DELIBERATION REGARDING REAL PROPERTY
The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or
value of real property.
SECTION 551.073 DELIBERATION REGARDING PROSPECTIVE GIFT
The City Council may conduct a closed meeting to deliberate a negotiated contract for a
prospective gift or donation to the City.
SECTION 551.074 DELIBERATION REGARDING PERSONNEL MATTERS
The City Council may deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of public officers, including the City Manager, City Secretary, City
Attorney, Municipal Judge and city boards and commission members. A complete list of the city
boards and commissions is on file in the City Secretary's Office.
SECTION 551.076 DELIBERATION REGARDING SECURITY DEVICES
The City Council may deliberate the deployment, or specific occasions for implementation of
security personnel or devices.
SECTION 551.087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS
The City Council may discuss or deliberate regarding commercial or financial information
received from a business prospect that the city seeks to have locate, stay, or expand in or near the
city and which the City is conducting economic development negotiations; or to deliberate the
offer of a financial or other incentive to a business prospect as described above.
City of Southlake
CITY COUNCIL MEETING
MINUTES
September 2, 2003
CITY COUNCIL PRESENT: Mayor Andy Wambsganss; Mayor Pro Tem W. Ralph Evans
Deputy Mayor Pro Tem Rex Potter; Councilmembers: Carolyn Morris, Keith Shankland,
Councilmember Greg Standerfer and Tom Stephen.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton,
Assistant to the City Manager John Eaglen, Executive Secretary Kim Bush, Planning Director
Bruce Payne, Senior Planner Dennis Killough, Public Works Director Pedram Farahnak, Deputy
Director of Public Works Charlie Thomas, Finance Director Sharen Elam, Economic
Development Director Greg Last, Economic development Specialist Betsy Boyett, Director of
Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek,
Senior Parks Planner Chris Carpenter, Recreation Supervisor Steve Moore, Director of Public
Safety Rick Black, Chief of Fire Robert Finn, Chief of Police Marlin Price, Director of Human
Resources Kevin Hugman, Audio Visual System Technician Pam Jordan, City Attorney Tim
Sralla, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:34 p.m.
City Council reviewed the agenda items with city staff and applicants. Council added the
following agenda items to the consent agenda: Items 8A and 8B.
REGULAR SESSION:
Agenda Item No. 1, Call to order: The regular session was called to order by Mayor
Wambsganss at 6:01 p.m.
Agenda Item No. 2A, Executive Session: Mayor Wambsganss announced that the City Council
would be going into Executive Session pursuant to the Texas Government Code, Section
551.071, consultation with city attorney; Section 551.072, deliberation regarding real property;
Section 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding
personnel matters; Section 551.076, deliberation regarding security devices; and Section
551.087, deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:01 p.m. Executive Session began at 6:12 p.m. and ended at 6:20 p.m.
Agenda Item No. 2B, Reconvene: Mayor Wambsganss reconvened the regular meeting at 6:47
p.m.
Motion was made to authorize staff to proceed with advertising for sale of city -owned residential
property on Jordan Drive east of Pearson Lane.
Motion: Standerfer
Second: Shankland
Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Wambsganss
Nays: None
Approved: 7 -0
CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2003, PAGE 1 OF 13
Agenda Item No. 3, Invocation: The invocation was given by Mayor Pro Tem W. Ralph Evans.
Mayor Wambsganss led the audience in the Pledge of Allegiance.
Agenda Item No. 4, Reports:
A. Mayor's Report: The Mayor announced upcoming meetings and events.
B. City Manager's Report: Economic Development Director Greg Last introduced John
Promise from the Center of Development Excellence with the North Central Texas
Council of Governments (NCTCOG) who, along with Meredith Scott, presented the
CLIDE Award (Celebrating Leadership in Development Excellence) to Cooper and
Stebbins for the Southlake Town Square development. Brian Stebbins accepted the award
on behalf of Cooper and Stebbins and thanked NCTCOG as well as the City Council for
their support. Economic Development Specialist Betsy Boyett presented the 2003
Shopping and Restaurant Guide to Council. Director of Public Safety Rick Black
commented on an upcoming event, the Southlake Showdown Motorcycle Event, to be
held on September 14 at Dragon Stadium in Southlake. All proceeds from the event go to
Special Olympics.
C. Park and Recreation Board Report: Boardmember Frank Cornish updated Council on
recent Park Board meetings; the recent joint meeting with SPDC; the newly appointed
Boardmembers; and the upcoming SPIN meeting for the Bob Jones Park equestrian
center.
D. Library Board Report: A written report was provided to Council. City Manager Campbell
thanked Boardmembers Maria Cameron and C.D. Peebles and C.D.'s wife, Katrina, for
volunteering many hours assisting the Library during a period of being short- staffed.
E. Southlake 2025 Committee Report: Al Morin updated Council on Committee meetings.
F. SPIN Report: Jeff Wang updated Council on recent and upcoming SPIN meetings. He
also invited residents to attend the DPS Citizen's Academy which begins on September 4.
G. Local Business Report: Economic Development Director Greg Last introduced Rodney
Layman who is General Manager of Sallinger's Power Golf.
CONSENT AGENDA:
5A. Approve the minutes of the regular City Council meeting held on August 19, 2003.
Approve as presented.
5B. Resolution No. 03 -001, Appoint representatives to the SPIN Standing Committee.
Assistant to the City Manager John Eaglen presented this item to Council during the work
session. This year has been a challenging one for the SPIN standing committee. At the
end of 2002, upon expiration of terms, several long -time SPIN representatives did not
seek another term and were not able to recruit replacements. This, combined with several
resignations, resulted in over half of the slots being vacant. This resolution appoints six
representatives. All of these appointees have either been serving as the SPIN
representative, or have been active with the standing committee. Council agreed to
appoint the following people and thanked them for their service: SPIN Area #8 — Pattie
Minder (term expires December 2004); SPIN Area #9w — Jim Jeppe (term expires
December 2003); SPIN Area #10 — Sam Timothy (term expires December 2004); SPIN
Area #12 — Wendi Carlucci (term expires December 2004); SPIN Area #13 — Mike Terry
(term expires December 2003); and SPIN Senior Representative — David Baltimore (term
expires December 2004).
CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2003, PAGE 2 OF 13
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, APPOINTING NEIGHBORHOOD REPRESENTATIVES TO THE
STANDING COMMITTEE OF THE SOUTHLAKE PROGRAM FOR THE
INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING FOR TERMS;
PROVIDING AN EFFECTIVE DATE.
5C. Approve a variance to the Subdivision Ordinance No. 483, Section 4.01(1) (Plat
Expiration), as amended, extending the validity of Case No. ZA 01 -103, Final Plat for
Greenway- Carroll Addition. Senior Planner Dennis Killough presented this item to
Council during the work session. This property is located at the southeast intersection of
SH 114 and North Carroll Avenue. The plats for this configuration were approved prior
to the Beverage City proposal that was later withdrawn. This plat proposes that the
eastern lot be conveyed to the developers of Town Square as part of a land swap and will
dedicate right -of way for a future connection from SH 114 into the western portion of
Town Square. This plat will also provide dedications needed by the City for North
Carroll Avenue and the extension of drainage and utility improvements. The plat for the
lot must be filed with the County prior to conveyance in order to comply with the
subdivision regulations. The applicant requested a 30 -day extension.
5D. ZA03 -043, Revised Site Plan for Harris Methodist Southlake, on property located on the
south side of East Southlake Boulevard (FM 1709) and 1,500' east of Carroll Avenue.
Current Zoning: S -P -2 General Site Plan District. This item has been tabled, and the
public hearing will be readvertised when the date is set.
8A. Ordinance No. 480 -424, (ZA03 -034), 1 Reading, Zoning Change and Site Plan for
White Chapel Plaza Office Park. Senior Planner Dennis Killough presented this item to
Council during the work session. The purpose of this request is to receive approval of a
zoning change and site plan for the development of a small office park. The property is
located at 1310 White Chapel Boulevard. The current zoning is S -P -1 detailed site plan
with 0-1 office district uses, including a personal care facility for Alzheimer's patients.
The requested zoning is S -P -1 detailed site plan with 0-1 office district uses. The
Planning and Zoning Commission recommended approval subject to review and allowing
the requested variances and requiring the following changes: increasing the southern
setback to 30 feet; constructing an eight foot masonry wall along the south property line;
all buildings must be constructed with stone or brick masonry; canopy trees must be
doubled along the east bufferyard, and maintaining the existing plants on White Chapel
Boulevard for natural screening. Applicant Brad Horton, 3316 Lexington Avenue,
Grapevine, answered Council's questions during the work session. Mr. Horton said the
buildings will not be used for medical purposes. Council asked Mr. Horton to look at
lowering the amount of impervious coverage in order to meet the required amount and to
increase the number of under -story trees.
8B. ZA03 -055, Plat Revision, Lots 13 & 14, Block 4, Southlake Park, being a revision of Lot
12R2R, Block 4, Southlake Park. Senior Planner Dennis Killough presented this item to
Council during the work session. The purpose of this request is to subdivide an existing
residential lot into two lots. The property is located on the east side of Ridgecrest Drive
approximately 80 feet south of Woodland Trail. The current zoning is SF -1A single
CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2003, PAGE 3 OF 13
family residential. The Planning and Zoning Commission recommended approval subject
to review.
Motion was made to approve Items 5A; 5B; 5C; 5D to table and to readvertise the public
hearing; 8A subject to Revised Site Plan Review Summary No. 5, dated September 2, 2003; and
8B subject to Plat Review Summary No. 2, dated August 15, 2003.
Motion: Standerfer
Second: Shankland
Items 5A; 5B; 5C; 5D; and 8B:
Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Item 8A:
Ayes: Evans, Shankland, Morris, Standerfer, Potter, Wambsganss
Nays: Stephen
Approved: 6 -1
REGULAR AGENDA:
Agenda Item 6. Public Forum.
Robert Conrad, 1206 Meadow Ridge Court, Southlake, thanked Council for supporting the
Southlake Carroll Lacrosse Association and thanked SPDC for their approval of a dedicated
lacrosse facility during this budget year.
Cindy Kelly, 104 Latrobe Court, Southlake, thanked Council for supporting the Southlake
Carroll Lacrosse Association and described the benefits her daughter experienced through the
program.
Councilmember Stephen thanked the Lacrosse representatives as well as parents from other
sporting associations and recognized the importance of sports, in general, in the lives of children.
He asked that the representatives continue to attend City Council, Park Board, and SPDC
meetings to voice their concerns.
Councilmember Stephen stepped out of the room for item 7A.
Agenda Item 7A. Ordinance No. 480 -420 (ZA03 -020) 2 Reading, Zoning Change and Concept
Plan for Chapel Hill Office Park. Senior Planner Dennis Killough presented this item to the
Council. This property is located at 205 East Southlake Boulevard (FM 1709). The current
zoning is AG. The requested zoning is S -P -2, with 0-1 office district uses and regulations. The
purpose of this request is to receive approval of the zoning and a concept plan for the
development of seven office buildings. The plan presented to the Planning and Zoning
Commission (P &Z) proposed nine office buildings, a building floor area range of 3,500 SF to
11,800 SF and a total floor area of 55,100 SF. P &Z had concerns about the density of the project,
the on -site parking deficiency, the distance of the parking spaces to the buildings, and the lack of
walkways. P &Z recommended denial on June 5, 2003. The property owner to the east is also in
opposition to this request. This opposition accounts for approximately 26% of the surrounding
property area within 200 feet of the site. Due to the recommendation for denial by the Planning
CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2003, PAGE 4 OF 13
and Zoning Commission and opposition of the surrounding property owner, the affirmative vote
of at least 3 /4th of the members of the City Council (6 of 7) is required to approve this request.
The City Council approved the first reading on June 17, 2003, subject to review summary and
granting the requested variances.
Applicant Steve Isbell, Realty Capital Corporation, answered Council's questions. He agreed to
construct the interior streets of the same material and to the same standards as public streets. He
said the pond will be a retention pond with a fountain to keep the water moving.
No one spoke during the public hearing.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A
PORTION OF TRACT 5F, O.W. KNIGHT SURVEY, ABSTRACT NO. 899, AND BEING
APPROXIMATELY 4.24 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "S -P -2" GENERALIZED SITE PLAN
DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
"B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF
THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A 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.
Motion was made to approve Ordinance No. 480 -420 (ZA03 -020) 2 Reading, subject to
Concept Plan Review Summary No. 6, dated August 27, 2003, granting requested variances;
requiring fire lanes to be built to city street standards; requiring the detention pond to be
circulated by a fountain; subject to a cross parking agreement in a form approved by the City
Manager's Office; and requiring the sidewalks serving public entrances being 6 feet wide.
Motion: Standerfer
Second: Potter
Mayor Wambsganss said that in talking with several Councilmembers, there are some concerns
regarding individual lots fronting on private streets or drives and said this subject should be
reviewed by Council in the near future.
Ayes: Shankland, Morris, Standerfer, Potter, Evans, Wambsganss
Nays: None
Abstains: Stephen
Approved: 6 -0 -1
CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2003, PAGE 5 OF 13
Agenda Item 7B. Ordinance No. 480 -231b (ZA03 -033), 2 Reading, Zoning Change and Site
Plan for Medical Air Services. Senior Planner Dennis Killough presented this item to the
Council. This property is located at 1250 West Southlake Boulevard (FM 1709), east of the
Southridge Lakes amenity center. The purpose of this request is to amend the current S -P -1
zoning to allow a covered deck and balcony along the west side of the building and 13 feet — 5
inch building setback for the deck structure only. All other uses and regulations for the S -P -1
zoning will remain unchanged. The purpose for the deck structure is to provide a covered break
and lunch area for employees. The Planning and Zoning Commission recommended approval
subject to the review summary. The City Council approved the first reading on consent per the
recommendation of the P &Z Commission. There have been no changes since the first reading.
No one spoke during the public hearing.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 4,
A.A. FREEMAN NO. 522 ADDITION, BEING 1.344 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN
DISTRICTWITH LIMITED "0-1" OFFICE DISTRICT USES TO "S -P -1" DETAILED SITE
PLAN DISTRICT WITH LIMITED "0-1" OFFICE 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.
Motion was made to approve Ordinance No. 480 -231b (ZA03 -033) 2 Reading, subject to Site
Plan Review Summary No. 4, dated August 1, 2003.
Motion: Potter
Second: Standerfer
Ayes: Mon Standerfer, Potter, Evans, Shankland, Wambsganss
Nays: None
Approved: 6 -0 (Stephen was out of the room)
Agenda Item 7C. Ordinance No. 480 -425 (ZA03 -052), 2 Reading, Zoning Change for Tracts
2B & 2C, C. Dart Survey, Abstract No. 2003. Senior Planner Dennis Killough presented this
item to the Council. This property is located at the southwest corner of West Dove Road and
North Peytonville Avenue. This site is approximately two acres. The current zoning is AG and
the requested zoning is SF -1A. The Planning and Zoning Commission recommended approval as
presented. The City Council approved the first reading on consent. There have been no changes
since the first reading.
CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2003, PAGE 6 OF 13
No one spoke during the public hearing.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS
TRACTS 2B & 2C, C. DART SURVEY, ABSTRACT NO. 2003, BEING APPROXIMATELY
2 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"AG" AGRICULTURAL DISTRICT TO "SF -1A" 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 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.
Motion was made to approve Ordinance No. 480 -425 (ZA03 -052) 2nd Reading.
Motion: Standerfer
Second: Potter
Ayes: Standerfer, Potter, Evans, Shankland, Morris, Wambsganss
Nays: None
Approved: 6 -0 (Stephen was out of the room.)
Agenda Item 7D. Ordinance No. 480 -330b (ZA03 -057), 2nd Reading, Zoning Change and Site
Plan for Carroll ISD No. 6 Addition. Senior Planner Dennis Killough presented this item to the
Council. The purpose of this request is to revise the fencing and bufferyard requirement along
the west property boundary of Dragon Stadium. With the approval of the additional seating and
parking revision to accommodate the Dallas Burn, an eight -foot wall and bufferyard were
required along the common boundary with Mr. Kaposta. The school and Mr. Kaposta have come
to an agreement to eliminate the wall and leave the natural vegetation intact along his boundary.
There are no other changes proposed. All other conditions of the previous approval are to remain
in effect. The Planning and Zoning Commission recommended approval of the requested site
plan change waiving the screening and plant requirements in the west bufferyard adjacent to Mr.
Kaposta, but requiring that the CISD permanently maintain the existing vegetation. The City
Council approved the first reading on consent per the recommendation of the P &Z Commission.
Applicant Steve Keminsky, Director of Marketing for CISD, answered Council's questions.
No one spoke during the public hearing.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2003, PAGE 7 OF 13
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1,
BLOCK 1, AND LOT 1, BLOCK 2, CARROLL I.S.D. NO. 6 ADDITION, AND BEING 41.347
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"S -P -1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE
DISTRICT USES INCLUDING TRANSPORTATION FACILITY AND STADIUM TO "S-P-
1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT
USES INCLUDING TRANSPORTATION FACILITY AND STADIUM, AS DEPICTED ON
THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED
IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES
AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A 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.
Motion was made to approve Ordinance No. 480 -330b (ZA03 -057) 2 Reading, requiring the
existing vegetation in the bufferyard be permanently maintained so long as the use is maintained.
Motion: Standerfer
Second: Shankland
Ayes: Potter, Evans, Shankland, Morris, Standerfer, Wambsganss
Nays: None
Approved: 6 -0 (Stephen out of the room)
Agenda Item 7E. Resolution No. 03 -069 (ZA03 -054), Specific Use Permit for the sales and
service of used automobiles, trucks, and motorhomes. Senior Planner Dennis Killough
presented this item to the Council. The purpose of this request is to receive approval of a
specific use permit to allow for the sale of used automobiles and SUVs. The current zoning is I-
1 Light Industrial District. Although listed in the advertising and agenda, the applicant will not
be providing automobile service or sale of motorhomes. These items are listed only because
they are grouped together in the specific use permit section of the zoning ordinance. There are
existing structures on the site. The applicant does not plan to make any changes to this site. No
storage or display of vehicles will occur outside the building. The Planning and Zoning
Commission recommended approval stipulating that there will be no outside storage; no more
than 10 vehicles in the warehouse at one time; no service of any type; no motorhomes; no truck
deliveries — all vehicles delivered are to be driven to the site, and stipulating that the permit will
be valid for the term of the lease.
Applicant Colin O'Neal answered Council's questions and said this request should include
SUVs, automobiles, and trucks. He said the hours of his business will most likely be four hours a
day for four days a week, probably Tuesday through Friday from noon to 4:00 p.m.
No one spoke during the public hearing.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR THE SALES AND SERVICE OF USED
CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2003, PAGE 8 OF 13
AUTOMOBILES, TRUCKS, OR MOTORHOMES ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 10,
BLOCK B, COMMERCE BUSINESS PARK, 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.
Motion was made to approve Resolution No. 03 -069 (ZA03 -054) for the sales and service of
used automobiles, trucks, and SUVs (excluding motorhomes) as passed by P &Z and subject to
the limitations as set forth in the applicant's letter dated July 7, 2003.
Motion: Standerfer
Second: Potter
Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item 7F. ZA03 -061, Revised Site Plan for Bob Jones Park. Senior Planner Dennis
Killough presented this item to the Council. The purpose of this request is to permit construction
of improvements proposed for the existing softball and soccer game fields to include batting
cages, a concession/restroom facility, a shade pavilion, bleacher shade structures, shade canopies
and lighting for the softball fields. The following improvements are being presented for
approval: concession stand/restroom facility; shade structures; batting cages; perimeter fencing
of the fields and scoreboards; and softball field lighting. The Planning and Zoning Commission
recommended approval subject to review, allowing requested variances and stipulating that lights
be turned off at 10:30 p.m. on weekdays and 11:30 p.m. on weekends.
Director of Community Services Malcolm Jackson answered Council's questions regarding this
request.
Mayor Wambsganss opened the public hearing.
John Richardson, 4637 Homestead, Southlake, spoke in opposition to this request. He is opposed
to the lighted soccer fields being placed right by the homes and the parking lots being placed
further away. He would like a passive park area and said the city is losing its opportunity to have
a passive park. He said there seems to be several discrepancies in the information that is given to
the area residents. He asked Council to table this tonight and give the neighbors time to work out
a compromise with staff.
Bob Rice, 455 Brooks Court, Southlake, spoke in opposition to this request. He said this park has
evolved into something unlike anything the neighbors were told about. The original plan did not
have lighted soccer fields, scoreboards, and signs. He asked Council to postpone action on this
request.
The following people completed a Public Comment card in opposition but did not wish to speak:
John Doty, 4322 Homestead Drive, Southlake;
Beatriz Terrazas, 4322 Homestead Drive, Southlake; and,
Noreen Richardson, 4537 Homestead Drive, Southlake.
Matt Tuggey, 1361 Cross Timber Drive, Southlake, spoke in favor of this request. He said that
none of these lights are in anyone's backyard; they are 3 /4 of a mile away from the homes. Batting
CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2003, PAGE 9 OF 13
cages and lights have always been part of the plan. He said if this item is tabled tonight, the kids
won't be able to play in the spring. He said the softball and baseball associations cannot operate
without lights.
Mayor Wambsganss closed the public hearing.
Deputy Mayor Pro Tem Potter said he supports the lighting of the girl's fields only; he does not
support lighting the two adult fields. He said the city keeps creeping in with more and more
changes to this park. He also said the city has to address the increased traffic at North White
Chapel Boulevard and Dove Road. He said he would like the Master Plan to slow down; it is
changing too rapidly.
Councilmember Standerfer said people need to understand that the city needs to develop parks as
necessary in order to support the demands of the residents. He said adjacent residents should not
be told that they will never have one thing or another because as the city grows, so will the parks.
Mayor Pro Tem Evans said the park needs to have lights. He said the passive areas need to stay
in the back with the majority of activity staying along North White Chapel Boulevard.
Senior Parks Planner Chris Carpenter answered Council's questions regarding field lighting and
distances of the fields to the homes.
Motion was made to approve ZA03 -061 subject to Site Plan Review Summary No. 1, dated
August 15, 2003, granting the requested variances and subject to moving the two western batting
cages east of the two eastern batting cages.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Shankland, Morris, Standerfer, Stephen, Wambsganss
Nays: Potter
Approved: 6 -1
Agenda Item 7G. Resolution No. 03 -070 (ZA03- 0621Specific Use Permit for a studio designed
for practice, education, and training in music at Southlake Music Academy. Senior Planner
Dennis Killough presented this item to the Council. The purpose of this request is to receive
approval to allow a music studio offering private guitar, piano, and voice lessons. The property is
located at 2010 East SH 114 on the northwest corner at the intersection of Cherry Lane and SH
114. This is in the Washington Square retail center. The applicant will be occupying an existing
lease space. No changes are being made to the site. The applicant stated they will have a total
student enrollment of up to 150 students. There will be a maximum of seven students and seven
instructors present during any half hour session. The Planning and Zoning Commission
recommended approval as presented.
No one spoke during the public hearing.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR A STUDIO DESIGNED FOR THE PRACTICE,
EDUCATION OR TRAINING IN ART, DANCE, MUSIC, DRAMA, PHOTO, OR INTERIOR
DESIGN ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING
CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2003, PAGE 10 OF 13
LEGALLY DESCRIBED AS A PORTION OF LOT A, BLOCK B, BRIARWOOD ESTATES,
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.
Motion was made to approve Resolution No. 03 -070 (ZA03 -062).
Motion: Stephen
Second: Shankland
Ayes: Shankland, Morris, Potter, Stephen, Wambsganss
Nays: None
Approved: 5 -0 (Standerfer and Evans were out of the room.)
Mayor Wambsganss called for a break at 9:07 p.m. and reconvened the meeting at 9:19 p.m.
Agenda Item 7H. Ordinance No. 854, 2nd Reading, Amend Chapter 12, Section 77, of the
Southlake City Code to increase the number of members on the Park and Recreation Board from
seven to nine, adding places eight and nine. Director of Community Services Malcolm Jackson
presented this item to the Council. This item was approved on first reading by the City Council at
the August 19, 2003 meeting. The recent appointments to the Parks and Recreation Board
increased the total number of places from seven to nine. Chapter 12, Section 77, of the Southlake
City Code allows for no more than seven members. The proposed ordinance will increase the
number of Park and Recreation Board members from seven to nine, with four places expiring in
2004, and five places expiring in 2005.
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, TEXAS, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS BY MODIFYING SECTION 12-
77, NUMBER OF BOARD MEMBERS, QUALIFICATIONS, AND TERMS; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Ordinance No. 854, 2nd Reading.
Motion: Potter
Second: Shankland
Ayes: Morris, Potter, Shankland, Wambsganss
Nays: Standerfer, Evans
Approved: 4 -2 (Stephen out of the room.)
Director of Finance Sharen Elam presented items 7I, 7J and 7K simultaneously.
Agenda Item 7I. Approve Crime Control District FY 2003 -04 operating budget and multi -year
CIP. This item was approved by the Crime Control District Board on August 13, 2003. The City
Council is required to approve or reject the budget submitted by the board and may not amend
the budget. If the Council chooses to reject the budget submitted by the board, the governing
body and the board shall meet and together amend and approve the budget before the beginning
of the fiscal year.
No one spoke during the public hearing.
CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2003, PAGE 11 OF 13
Motion was made to approve Crime Control District FY2003 -04 operating budget and multi -year
CIP.
Motion: Stephen
Second: Shankland
Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item 7J. Ordinance No. 855, 1st Reading, Annual budget for FY 2003 -04 and approve
the revised budget figures for FY 2002 -03. This ordinance formally sets the budget for FY 2003-
04 and amends the budget for FY 2002 -03. The ordinance requires two readings, so the budget
will not be finalized until the second reading on September 16, 2003. After the budget work
session held on August 26, 2003, staff has not made any changes to the proposed budget that was
filed on August 15.
No one spoke during the public hearing.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2002 -03; APPROVING
AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2003, AND TERMINATING SEPTEMBER 30, 2004, AND MAKING APPROPRIATIONS
FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING
ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
Motion was made to approve Ordinance No. 855, 1st Reading, annual budget for FY 2003 -04 and
to approve the revised budget figures for FY 2002 -03 and to approve wage increase Option B.
Motion: Stephen
Second: Evans
Ayes: Potter, Stephen, Evans, Shankland, Morris, Standerfer, Wambsganss
Nays: None
Approved: 7 -0
Councilmember Standerfer said he supports Option A instead of Option B, but he voted yes on
1 Reading of the budget.
Agenda Item 7K. Ordinance No. 856, 1 Reading, Tax Levy Ordinance. This ordinance formally
sets the tax rate at $0.462 per $100 of valuation for FY 2003 -04. This ordinance also requires
two readings, so the tax rate will not be finalized until the second reading on September 16,
2003. Changes can be made to the rate between readings, provided they are made within the
parameters published in the newspaper. After the second reading, the rate is given to Tarrant
County to apply to the appraised values as of January 1, 2003, and to generate tax statements.
No one spoke during the public hearing.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2003, PAGE 12 OF 13
FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, AND FOR EACH
YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.462 PER
ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE
PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE,
TEXAS, AS OF JANUARY 1, 2003, TO PROVIDE REVENUES FOR THE PAYMENT OF
CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL
OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF;
PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND
INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR
APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING
FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Motion was made to approve Ordinance No. 856, 1 Reading, Tax Levy Ordinance at the rate of
$0.462 per $100.00 assessed value.
Motion: Stephen
Second: Shankland
Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item 12. Meeting Adjourned. With there being no further business to discuss, Mayor
Wambsganss asked for a motion to adjourn the meeting at 9:33 p.m.
Motion: Stephen
Second: Potter
Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Wambsganss
Nays: None
Approved: 7 -0
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CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2003, PAGE 13 OF 13