2004-04-20 Regular CC Meeting
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: APRIL 20. 2004
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 immediatelv followin2 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, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be held.
under these exceptions. at the end of the Re2ular Session or at any
time durin2 the meetin2 that a need arises for the City Councll to seek
advice from the City Attornev as to the posted subiect matter of this
City Councll meetin2.
1. Section 551.071 Consultation with attorney
a. Seek the advice of the city attorney regarding water back
billing.
2. Section 551.087 Deliberation re2ardin2 economic development
ne20tiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Gateway Church
4. REPORTS:
A. Mayor's Report
1. Proclamation for Child Abuse Prevention Month
2. Proclamation for Administrative Professional's Week
B. City Manager's Report
C. Financial Report
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City of Southlake
City Council meeting agenda
April 20, 2004
Page 2 of6
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 minutes for the March 30, 2004, special City Council meeting
and for the April 6, 2004, regular City Council meeting.
B. 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,
Continental/Carroll Roundabout and Scenic Drive Drainage Improvements
to Tiseo Paving Company.
C. Authorize the Mayor to enter into an architectural services agreement with
RPGA Design Group, Inc., for the North DPS Facility.
D. ZA04-013, Revised Site Plan for Wright Professional Building on
property located at 200 East Southlake Boulevard. Current Zoning: 0-1
Office District. SPIN Neighborhood #10. (This item has been tabled to
the May 4, 2004, City Council meeting.)
E. Resolution No. 04-022, An amendment to the Master Thoroughfare Plan
for Kirkwood Boulevard. (This item has been tabletL)
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-433, 2nd Reading (ZA03-094), Zoning Change and Site
Plan for Blue Haven Pools on property 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. PUBLIC BEARING
B. Ordinance No. 480-434, 2nd Reading (ZA04-0IO), 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
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City of Soutblake
City Councll meeting agenda
April 20, 2004
Page 3 0(6
Zoning: AG Agricultural District. Requested Zoning: SF-IA Single
Family Residential District. SPIN Neighborhood #1.PUBLIC HEARING
C. 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 on property located at 2199 East Dove Road. Current Zoning:
C-l Neighborhood Commercial District. SPIN Neighborhood #5.
PUBLIC HEARING
D. 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.
Current Zoning: C-3 General Commercial District. SPIN Neighborhood
#15. PUBLIC HEARING
E. 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. Current Zoning: S-P-2 General Site Plan
District. SPIN Neighborhood #7. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-435, 1 st Reading (ZA03-099), Zoning Change and Site
Plan for Feedstore BBQ 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-l Neighborhood Commercial
District and AG Agricultural District. Requested Zoning: S-P-l Detailed
Site Plan District. SPIN Neighborhood #14. (If approved at first reading,
the public hearing will be held May 4, 2004.)
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration:
A. Consider SP04-067, Variance to Sign Ordinance No. 704-A, for Piano
Gallery located at 2366 and 2368 East State Highway 114.
B. Consider SP04-068, Variance to Sign Ordinance No. 704-A, for
Cheeburger Cheeburger located at 2787 East Southlake Boulevard, Suite
100.
C. Consider SP04-065,. Variance to Sign Ordinance No. 704-A, for Sleep
Experts located at 2757 East Southlake Boulevard, Suite 120.
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City of SouthIake
City CouncD meeting agenda
April 20, 2004
Page 4 of6
D. Authorize 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.
11. Other items for discussion:
A. Property tax reform.
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, April 16, 2004, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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If you plan to attend this public meeting and i:(JVewt1ts~bility that requires special needs, please
advise the City Secretary's Office 48 hours in advance at 817-481-1490 and reasonable
accommodations will be made to assist you.
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City of Southlake
City Councll meeting agenda
April 20, 2004
Page S of6
EXECUTIVE SESSION
Section 551.071: Consultation with attornev
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 ofSouthlake vs. Timarron et.al. May 2001.
2. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002.
3. Richard W. Hart vs. City ofSouthlake. September 2002.
4. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City
of South lake. March 2003.
5. Marpave, Inc., vs. City of Southlake. November 2003.
6. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003.
7. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003.
8. City of Southlake vs. Howard E. Carr, Jr. March 2004.
9. Sutton & Associates, L.P., vs. Dolan Directional Drilling, Inc., and City of
Southlake. March 2004.
Section 551.072: Deliberation ret!ardin2 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 ret!ardin2 prospective 2itt or donation
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 ret!ardin2 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 re2ardin2 security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
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City of Soutblake
City Councn meeting agenda
April 20, 2004
Page 6 of6
Section 551.087: Deliberation re2ardinl! economic develooment ne2otiations
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.
Section 418.183(fl: Texas Disaster Act
The City Council may deliberate information: 1) for purposes of preventing,
investigating, or responding to an act of terrorism or related criminal activity and
involving emergency response providers, their staffing, contact information and tactical
plans; 2) that relates to the risk or vulnerability of persons or property, including
infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive
weapon, the location of a material that may be used in a chemical, biological or
radioactive weapon, or unpublished information pertaining to vaccines or devices to
detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism-related
report to an agency of the United States; 6) that relates to technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to
information regarding security measures or security systems intended to protect public
and private property from an act of terrorism. The Texas Disaster Act specifically
requires that a tape recording of the closed meeting be made.
Section 418.106(d) & (e): Local meetln2s to discuss ememencv manal!ement plans
re2ardinl! pipeline safety
The City Council may discuss emergency management plans involving pipeline safety
and/or security of pipeline infrastructures or facilities when those plans or discussions
contain such sensitive information.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Andy Wambsganss
Mayor
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REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2004
Page 90f9
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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'