2004-09-07 Regular CC Meeting
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: SEPTEMBER 7.2004
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 foUowin2 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 exceotions. at the end of the Re2ular Session or at any
time durin2 the meetln2 that a need arises for the City CouncD to seek
advice from the City Attornev as to the oosted subiect matter of this
City Council meetln2.
1. Section 551.071: Consultation with attorney
a. Seek advice of the city attorney regarding water back
billing.
b. Seek advice of the city attorney regarding changes to
Comprehensive Zoning Ordinance No. 480.
c. Seek advice of the city attorney regarding changes m
property values based upon tax exempt status.
d. Seek advice of the city attorney regarding election of board
of directors of the Parks and Recreation Board.
2. Section 551.072: Deliberation re2ardin2 real orooertv
a. Acquisition of property for park use.
3. Section 551.087: Deliberation re2ardin2 economic develooment
ne20tiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Cornerstone Bible Church
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City of SouthIake
City Council meeting agenda
September 7, 2004
Page 2 of7
4. REPORTS:
A. Mayor's Report
1. Proclamation for Polycystic Kidney Disease Awareness Month
B. City Manager's Report
1. Southlake Mounted Patrol
C. SPIN Board Report
D. Library Board Report
E. Park and Recreation Board Report
F. Local Business Report
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 July 28, 2004, City Council work session; the
August 17, 2004, regular City Council meeting; the August 17, 2004, City
Council work session; the August 24, 2004, City Council budget work
session; and the August 31, 2004, special City Council meeting.
B. Approve the contract with Tarrant County for assessment and collection
services for ad valorem taxes.
C. Resolution No. 04-063, Appointments to the SPIN Standing Committee.
D. Resolution No. 04-064, Appointment of Laura Hill and John Nussrallah to
the Board of Directors for Tax Increment Reinvestment Zone Number
One, City of Southlake, Texas.
E. Authorize the City Manager to enter into a contract for the purchase of
approximately 6.849 acres of park land at 315 and 379 Shady Oaks Drive.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Approval of Southlake Crime Control and Prevention District FY 2004-05
Operating Budget and multi-year CIP. PUBLIC HEARING
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City of Southlake
City Council meeting agenda
September 7, 2004
Page 3 of7
B. Ordinance No. 878, 1 st Reading, Annual Budget for FY 2004-05 and
revised budget figures for FY 2003-04 and multi-year CIP. FIRST
PUBLIC HEARING
C. Ordinance No. 879, 1 st Reading, Tax Levy Ordinance. FIRST PUBLIC
HEARING
D. Ordinance No. 480-YY, 2nd Reading, An Amendment to the
Comprehensive Zoning Ordinance No. 480, Section 4, Definitions and
Section 45, Specific Use Permits, as amended, pertaining to petroleum
operations, oil and natural gas drilling and production. PUBLIC
HEARING
E. Ordinance No. 480-444, 2nd Reading (ZA04-039) Zoning Change and Site
Plan for Cedar Ridge Offices. The property is located on the northwest
comer of State Highway 114 and North Carroll Avenue. Current Zoning:
C-3 General Commercial District. Requested Zoning: S-P-1 Detailed Site
Plan District. SPIN Neighborhood #6. PUBLIC HEARING
F. ZA04-059, Site Plan for Proposed Lot 5, Cedar Ridge, on property located
on the northwest comer of State Highway 114 and North Carroll Avenue,
south of Highland Street. Current Zoning: C-3 General Commercial
District. SPIN Neighborhood #6. PUBLIC HEARING
G. ZA04-040, Plat Revision for Lots 1R1 through 1R7, Block A, 114 &
Carroll Addition, located on the northwest comer of State Highway 114
and North Carroll Avenue. Current Zoning: C-3 General Commercial
District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #6.
H. Ordinance No. 480-443, 2nd Reading (ZA04-026) Zoning Change and Site
Plan for Carroll Terrace, located at 600 North Carroll Avenue. Current
Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan
District. SPIN Neighborhood #10. PUBLIC HEARING
I. ZA04-024, Preliminary Plat for Carroll Terrace, located at 600 North
Carroll Avenue. Current Zoning: 0-1 Office District. Requested Zoning:
S-P-1 Detailed Site Plan District. SPIN Neighborhood #10.
J. Ordinance No. 480-445, 2nd Reading (ZA04-043) Zoning Change and Site
Plan for Shady Oaks Office, located on the northwest comer of the
intersection of West Southlake Boulevard and Shady Oaks Drive. The
property address is 606 West Southlake Boulevard. Current Zoning: AG
Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District.
SPIN Neighborhood #13. PUBLIC HEARING
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City of Southlake
City Couneil meeting agenda
September 7, 2004
Page 4 of 7
8. Ordinances, first readings, and related items: (There are no items on this agenda.)
9. Resolutions:
A. Resolution No. 04-060, Authorize the Mayor to execute quitclaim deeds
for drainage and utility easement abandonments on Lots 17 & 18, Block I,
Oakwood Estates, Phase II.
10. Other items for consideration:
A. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings.
B. Approve renewal of contract with Aetna for employee medical and dental
benefits.
C. ZA04-057, Revised Preliminary Plat for Block 22, Southlake Town
Square, located at 1500 East Southlake Boulevard. Current Zoning: DT
Downtown District. SPIN Neighborhood #8.
D. Consider SP04-178, Variance to Sign Ordinance No. 704-B, Maverick
Commercial Real Estate, located at 1680-1750 East State Highway 114
(westbound access road).
E. Consider SP04-181, Amendment to Gateway Plaza, Phase I Conditional
Sign Permit, for Shogun restaurant, located at 2790 East Southlake
Boulevard.
F. Consider SP04-185, Variance to Sign Ordinance No. 704-B, Offices at
Byron Nelson, located at 630 East Southlake Boulevard.
G. Consider SP04-186, Variance to Sign Ordinance No. 704-B, Slender
Lady, located at 1101 East State Highway 114, Suite 114 (Carroll Oaks
Shopping Center).
11. Other items for discussion:
A. Cable Franchise Agreement negotiations with Verizon.
B. Southlake Town Square development.
12. Meeting adjourned.
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City of Southlake
City Councll meeting agenda
September 7, 2004
Page S of7
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, September 3, 2004, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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lfyou plan to attend this public meeting aftd,~. di~Jility that requires special needs, please
d. h C' Offi h "'''j1.'"''~. 1 d bl
a vIse t e lty Secretary's Ice 48 ours In auvance at 817-481- 490 an reasona e
accommodations will be made to assist you.
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Lori A. Farwell, TRMC
City Secretary
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City of Southlake
City Counell meeting agenda
September 7, 2004
Page 6 of7
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. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City
of South lake. March 2003.
3. Marpave, Inc., vs. City of Southlake. November 2003.
4. Steve L. Perry and Aline Perry vs. City of South lake. November 2003.
5. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003.
6. City of Southlake vs. Howard E. Carr, Jr. March 2004.
7. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon
Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R.
Griggs and wife, Sally Griggs, Jill T. Gordon, and City of South lake. July 2004.
Section 551.072: Deliberation reflardinfl real orooertv
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: Deliberation reflardinfl orosoective flirt 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 re2ardin2 oersonnel 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.
Section 551.087: Deliberation re2ardinfl 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.
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City of Southlake
City Councll meeting agenda
September 7, 2004
Page 7 of7
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 meetin2s to discuss emer2encv mana2ement Dlans
re2ardin2 DiDeline 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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CITY OF SOUTHLAKE
OFFICIAL RECORD
REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 7. 2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland
and Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones,
Virginia M. Muzyka, and John Terrell.
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, Library
Administrator Kerry McGeath, Manager of Technical Services Gary Gregg, Information Systems
Technician Sam Cobb, Director of Community Services Malcolm Jackson, Deputy Director of
Community Services Steve Polasek, Senior Parks Planner Chris Carpenter, Director of Economic
Development Greg Last, Director of Finance Sharen Elam, Director of Human Resources Kevin
Hugman, Interim Director of Planning Ken Baker, Senior Planner Dennis Killough, Director of
Public Safety Rick Black, Chief of Administration Garland Wilson, Chief of Fire Services
Robert Finn, Chief of Police Services Marlin Price, Director of Public Works Pedram Farahnak,
Deputy Director of Public Works Charlie Thomas, Assistant to the Director of Public Works
Valerie Bradley, City Attorney Tim Sralla, Deputy City Secretary Tara Brooks, and City
Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:31 p.m.
City Council reviewed the agenda items with city staff and applicants. Agenda items 9A, lOA,
lOB, 10C, lOD, lOF and lOG were added to the consent agenda. The work session ended at 6:23
p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order: The regular seSSIon was called to order by Mayor
Wambsganss at 6:23 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;
and Section 551.087, deliberation regarding economic development negotiations. City Council
adjourned for Executive Session at 6:01 p.m. Executive Session began at 6:45 p.m. and ended at
7:38 p.m.
Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:37
p.m. The Mayor asked if there was any action necessary as a result of the Executive Session. No
action was necessary.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004
Page 1 of 11
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Agenda Item No.3. Invocation: The invocation was given by John Watson from Cornerstone
Bible Church. Mayor Wambsganss led the audience in the Pledge of Allegiance.
Agenda Item No. 4A. Mayor's Report: Mayor Wambsganss announced upcoming meetings and
events and presented a proclamation to Carolyn Morris for Polycystic Kidney Disease
Awareness Month.
Agenda Item No. 4B. City Manager's Report: Director Black introduced Julie Landesberg who
introduced members of the Southlake Mounted Patrol to Council. Director Black thanked the
members for their service to the City. City Manager Campbell thanked Assistant to the City
Manager Eaglen for his years of work and dedication to the City of Southlake and wished him
well in his employment with the City of Frisco.
Agenda Item No. 4C. SPIN Report: A written report was included in Council's packet.
Agenda Item No. 4D. Library Renort: A written report was included in Council's packet.
Agenda Item No. 4E. Parks and Recreation Board Renort: Emily Galpin announced upcoming
Community Service Department events. Liz Durham presented an award to W. Ralph Evans for
his work with the Sister Cities organization.
Agenda Item No. 4F. Local Business Renort: Director Last introduced Dave Learson with
Camille's Sidewalk Cafe who introduced his business to Council. Allison Parr with Its About
Time Productions discussed her production of the play, State Fair.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion. The Mayor read the items into the record.
Agenda Item No. 5A. Approve minutes for the July 28. 2004. City Council work session~ the
August 17. 2004. regular City Council meeting~ the August 17. 2004. City Council work session~
the August 24. 2004. City Council budget work session~ and the August 31. 2004. special City
Council meeting. Approved as presented.
Agenda Item No. 5B. Approve the contract with Tarrant County for assessment and collection
services for ad valorem taxes. Director Elam presented this item to the Council during the work
seSSIOn.
Agenda Item No. 5C. Resolution No. 04-063. Appointments to the SPIN Standing Committee.
Assistant to the City Manager Eaglen presented this item to the Council during the work session.
Council approved the following Committee members: SPIN #1, Cara White, through December
2005; SPIN #2, Douglas Harsy, through December 2004; SPIN #3, Alan Hochstein, through
December 2005; SPIN #5, Jan Francis, through December 2005; SPIN #ge, Craig Rothmeier,
through December 2005; SPIN #9w, Jim Jeppe, through December 2005; SPIN #11, Roger
Hutton, through December 2005; SPIN #13, Mike Terry, through December 2005; SPIN #15,
Tom Corradino, through December 2005; SPIN #16, Jon Weirsum, through December 2004; and
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004
Page 2 of 11
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SPIN Youth, Haley Smith, through December 2004. In accordance with Section 4.21 of the City
Charter, the caption for this term is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
PROVIDING FOR THE APPOINTMENT OF NEIGHBORHOOD REPRESENTATIVES TO
THE STANDING COMMITTEE OF THE SOUTHLAKE PROGRAM FOR THE
INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 5D. Resolution No. 04-064. Appointment of Laura Hill and John Nussrallah to
the Board of Directors for Tax Increment Reinvestment Zone Number One. City of Southlake.
Texas. Assistant to the City Manager Eaglen presented this item to the Council during the work
session. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as
follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO
THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE
NUMBER ONE, CITY OF SOUTHLAKE; PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 5E. Authorize the City Manager to enter into a contract for the purchase of
approximately 6.849 acres of park land at 315 and 379 Shady Oaks Drive. The Mayor announced
this item would be tabled to the September 21,2004, City Council meeting.
Agenda Item No. 9A. Resolution No. 04-060. Authorize the Mayor to execute auitclaim deeds
for drainage and utility easement abandonments on Lots 17 & 18. Block 1. Oakwood Estates.
Phase II. Director Farahnak presented this item to the Council during the work session.
Agenda Item No. lOA. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings. City Council excused the absence of Mayor
Pro Tern Shankland from the August 31 special meeting.
Agenda Item No. lOB. Approve renewal of contract with Aetna for employee medical and dental
benefits. Director Hugman presented this item to Council during the work session.
Agenda Item No. 10C. ZA04-057. Revised Preliminary Plat for Block 22. Southlake Town
Sauare. located at 1500 East Southlake Boulevard. Current Zoning: DT Downtown District.
SPIN Neighborhood #8. Senior Planner Killough presented this item to Council during the work
seSSIon.
Agenda Item No. IOD. Consider SP04-178. Variance to Sign Ordinance No. 704-B. Maverick
Commercial Real Estate. located at 1680-1750 East State Highway 114 (westbound access road).
Senior Planner Killough presented this item to Council during the work session.
Agenda Item No. 10F. Consider SP04-185. Variance to Sign Ordinance No. 704-B. Offices at
Byron Nelson. located at 630 East Southlake Boulevard. Senior Planner Killough presented this
item to Council during the work session. Applicant Tom Stephen answered Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004
Page 3 of 11
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Agenda Item No. lOG. Consider SP04-186. Variance to Sign Ordinance No. 704-B. Slender
Lady. located at 1101 East State Highway 114. Suite 114 (Carroll Oaks ShoPVing Center).
Senior Planner Killough presented this item to Council during the work session. Applicants
Jennifer Lyons, 1101 State Highway 114, Suite 114, Southlake, and Craig Waldrum, 8908
Southern Road, Dallas, answered Council's questions.
Motion was made to approve consent agenda items 5A; 5B; 5C; 5D; 5E to table to September 21,
2004; 9A; lOA; lOB; IOC; IOD; 10F; and lOG approving the increase in letter height to 20
inches but not the lady logo - approving text only.
Motion: Shankland
Second: Terrell
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. Atoosa Kourosh and Josh Hubregsen of the Spiritual
Assembly of the Baha'is ofSouthlake presented plaques for a "Prayer for America" to Fire Chief
Finn and Mayor Wambsganss in remembrance of the attacks on September 11, 2001.
Kenneth Home, 1215 Ashmoore Court, Southlake, spoke to Council regarding the City of
Southlake's recent loss of 190 acres of taxable land on State Highway 114.
Councilmember Morris stepped out of the room.
Agenda Item No. 7 A. Anproval of Southlake Crime Control and Prevention District FY 2004-05
Ooerating Budget and multi-year CIP. Director Elam presented this item to the Council.
No one spoke during the public hearing.
Motion was made to approve Southlake Crime Control and Prevention District FY 2004-05
Operating Budget and multi-year CIP.
Motion: Shankland
Second: Jones
Ayes: Jones, Hill, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Councilmember Morris returned to the meeting.
Agenda Item No. 7B. Ordinance No. 878. 18t Reading. Annual Budget for FY 2004-05 and
revised budget figures for FY 2003-04 and multi-year CIP. City Manager Campbell, Assistant
City Manager Yelverton, and Director Elam, presented this item to the Council. In accordance
with Section 4.21 of the City Charter, the caption for this item is listed as follows:
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004
Page 4 of 11
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2003-04; APPROVING
AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2004, AND TERMINATING SEPTEMBER 30,2005, AND MAKING APPROPRIATIONS
FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING
ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 878, 1 st Reading, Annual budget for FY2004-05 and
revised budget figures for FY2003-04 and multi-year CIP.
Motion: Shankland
Second: Terrell
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7C. Ordinance No. 879. 1st Reading. Tax Levv Ordinance. Director Elam
presented this item to the Council. 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,
FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005, 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, 2004, 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.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 879, 1st Reading, Tax Levy Ordinance, approving a
rate of $0.462 per one hundred dollar ($100.00) assessed value on all taxable property within the
corporate limits of the City of Southlake.
Motion: Muzyka
Second: Terrell
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004
Page 5 of 11
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Approved: 7-0
Agenda Item No. 7D. Ordinance No. 480-YY. 2nd Reading. An Amendment to the
Comprehensive Zoning Ordinance No. 480. Section 4. Definitions and Section 45. Specific Use
Permits. as amended. pertaining to petroleum operations. oil and natural gas drilling and
production. Interim Director Baker presented this item to the 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;
REVISING SECTION 4 DEFINITIONS AND SECTION 45 SPECIFIC USE PERMITS
REGARDING PETROLEUM OPERATIONS, AND OIL & GAS DRILLING AND
OPERATIONS; 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 PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-YY, 2nd Reading, an amendment to the
Comprehensive Zoning Ordinance No. 480, Section 4, Definitions, and Section 45, Specific Use
Permits, as amended, pertaining to petroleum operations, oil and natural gas drilling and
production.
Motion:
Second:
Ayes:
Nays:
Approved:
Shankland
Terrell
Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
7-0
Agenda Item No. 7E. Ordinance No. 480-444. 2nd Reading (ZA04-039) Zoning Change and Site
Plan for Cedar Ridge Offices. The property is located on the northwest comer of State Highway
114 and North Carroll Avenue. Current Zoning: C-3 General Commercial District. Reauested
Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #6. Senior Planner Killough
presented this item to the Council. Applicant Dan Anderson, 5950 Birkshire Lane, Dallas, gave a
presentation and answered Council's questions. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
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 A
PORTION OF LOT 1, BLOCK A, 114 & CARROLL ADDITION; AND BEING 11.587
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A" FROM
"C-3" GENERAL COMMERCIAL DISTRICT TO "S-P-I" DETAILED SITE PLAN
DISTRICT WITH LIMITED "C-3" GENERAL COMMERCIAL DISTRICT USES, AS
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004
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DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHmIT "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 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. 480-444, 2nd Reading (ZA04-039) Zoning Change
and Site Plan for Cedar Ridge Offices subject to Revised Site Plan Review Summary No.4,
dated September 1, 2004, as approved on I st Reading; granting the requested variances on
articulation; granting the requested variance for parking islands as proposed; granting the
requested variance for mechanical equipment screening; granting the requested variance for
drive stacking; and subject to applicant's agreement with Montessory Academy.
Motion: Terrell
Second: Jones
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7F. ZA04-059. Site Plan for ProDosed Lot 5. Cedar Ridge. on DroDerty located
on the northwest comer of State Highwav 114 and North Carroll Avenue. south of Highland
Street. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #6. Senior
Planner Killough presented this item to the Council.
No one spoke during the public hearing.
Motion was made to approve ZA04-059, Site Plan for proposed Lot 5, Cedar Ridge, subject to
Site Plan Review Summary No.1, dated July 30, 2004, specifically approving the requested
VarIance.
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Shankland
Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
7-0
Agenda Item No. 7G. ZA04-040. Plat Revision for Lots lRl through lR7. Block A. 114 &
Carroll Addition. located on the northwest comer of State Highwav 114 and North Carroll
Avenue. Current Zoning: C-3 General Commercial District. ProDosed Zoning: S-P-l Detailed
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004
Page 7 of 11
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Site Plan District. SPIN Neighborhood #6. Senior Planner Killough presented this item to the
Council.
Motion was made to approve ZA04-040, Plat Revision for Lots lRl through lR7, Block A, 114
& Carroll Addition, subject to Revised Plat Review Summary No.2, dated July 30, 2004.
Motion: Terrell
Second: Jones
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss announced the Council would be taking a break at 9:38 p.m. The Mayor
reconvened the meeting at 9:55 p.m.
Agenda Item No. 7H. Ordinance No. 480-443. 2nd Reading (ZA04-026) Zoning Change and Site
Plan for Carroll Terrace. located at 600 North Carroll Avenue. Current Zoning: 0-1 Office
District. Reauested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #10. Senior
Planner Killough presented this item to the Council. Applicant, John Bolton, 700 North Carroll
Avenue, Southlake, answered Council's questions. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT
5D, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 695; AND BEING 2.62
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A" FROM
"0-1" OFFICE DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH LIMITED
"0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHffiIT "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. 480-443, 2nd Reading (ZA04-026) Zoning Change
and Site Plan for Carroll Terrace subject to Site Plan Review Summary No.4, dated September
1, 2004, approving the requested variances.
Motion: Terrell
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004
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Second:
Ayes:
Nays:
Approved:
Jones
Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
7-0
Agenda Item No. 71. ZA04-024. Preliminary Plat for Carroll Terrace. located at 600 North
Carroll Avenue. Current Zoning: 0-1 Office District. Reauested Zoning: S-P-l Detailed Site
Plan District. SPIN Neighborhood #10. Senior Planner Killough presented this item to the
Council. Applicant, John Bolton, 700 North Carroll Avenue, Southlake, answered Council's
questions.
Motion was made to approve ZA04-024, Preliminary Plat for Carroll Terrace, subject to Plat
Review Summary No.3, dated July 2, 2004.
Motion: Terrell
Second: Jones
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7J. Ordinance No. 480-445. 2nd Reading (ZA04-043) Zoning Change and Site
Plan for Shadv Oaks Office. located on the northwest comer of the intersection of West
Southlake Boulevard and Shady Oaks Drive. The uropertv address is 606 West Southlake
Boulevard. Current Zoning: AG Agricultural District. Reauested Zoning: S-P-l Detailed Site
Plan District. SPIN Neighborhood #13. Senior Planner Killough presented this item to the
Council. Applicant, Terry Wilkinson, 751 East Southlake Boulevard, Southlake, answered
Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this
item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
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 3B AND 3B4A, SITUATED IN THE L.B.G. HALL SURVEY, ABSTRACT NO.
686; AND BEING 4.008 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHffiIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-l" DETAILED SITE
PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHffiIT "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 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.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004
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No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-445, 2nd Reading (ZA04-043) Zoning Change
and Site Plan for Shady Oaks Office subject to Site Plan Review Summary No.4, dated
September 1, 2004, subject to TxDOT approval of the driveway placement on Southlake
Boulevard and granting requested variances.
Motion: Jones
Second: Muzyka
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 10E. Consider SP04-181. Amendment to Gatewav Plaza. Phase 1 Conditional
Sign Permit. for Shogun restaurant. located at 2790 East Southlake Boulevard. Senior Planner
Killough presented this item to the Council. The applicant was not present to answer Council's
questions.
Motion was made to deny SP04-181, amendment to Gateway Plaza, Phase 1, Conditional Sign
Permit, for Shogun Restaurant.
Motion: Shankland
Second: Terrell
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Vote: 7-0 (to deny)
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; and Section 551.087,
deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 10:27 p.m. Executive Session began at 10:38 p.m. and ended at 11:48 p.m.
Reconvene: Mayor Wambsganss reconvened the regular meeting at 11 :48 p.m. The Mayor asked
if there was any action necessary as a result ofthe Executive Session. No action was necessary.
Agenda Item No. l1A. Cable Franchise Agreement negotiations with Verizon. Assistant to the
City Manager John Eaglen presented this item to Council during the work session. No action was
taken on this item.
Agenda Item No. lIB. Southlake Town Square development. There was no discussion on this
item. No action was taken on this item.
Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 11:48
p.m.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004
Page 10 of 11
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* An audio recording of this meeting wiU be permanently retained in the City Secretary's
Office.
ATTEST:
Wri~~efTRMfu~
City Secretary
-
A0
Andy Wamosganss
Mayor
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REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004
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