2004-12-07 Regular CC Meeting
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: DECEMBER 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 followine 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(t), 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 Reeular Session or at any
time durine the meetine that a need arises for the City Council to seek
advice from the City Attornev as to the oosted subiect matter of this
City Council meetine.
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 in
property values based upon tax exempt status.
2. Section 551.072: Deliberation reeardine real orooertv
a. Discuss the value of city-owned real . property at the
northeast comer of FM 1709 and Pearson Lane.
b. Discuss the value of city-owned real property at the
southeast comer of Pearson Lane and Jordan Drive.
3. Section 551.074: Deliberation reeardine oersonnel matters
a. Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City
Manager and the City Secretary.
4. Section 551.087: Deliberation reeardine economic develooment
neeotiations
a. Economic incentives for businesses.
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City of Southlake
City Couneil meeting agenda
December 7, 2004
Page 2 of7
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: David Whitington, Christ Our King Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
C. SPIN Board Report
D. Library Board Report
E. Park and Recreation Board Report
1. Presentation of TRAPS "Advocate of the Year" Awarded to the
Liberty Garden Committee
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 the minutes for the November 9, 2004, regular City Council
meeting; November 15, 2004, special City Council meeting; and for the
November 16, 2004, regular City Council meeting.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Resolution No. 04-072, Adoption of the Davis Boulevard/FM 1938
Corridor Study as a component of the Southlake 2025 Plan, the
Comprehensive Master Plan for the City of Southlake. PUBLIC
HEARING
B. Ordinance No. 480-421A, (ZA04-089), 2nd Reading, Zoning Change and
Development Plan for Estes Park Phase I Addition located on the south
side of the 600 and 700 blocks of East Dove Street. Current Zoning: R-
PUD Residential Planned Unit Development District. Requested Zoning:
R-PUD Residential Planned Unit Development District. SPIN
Neighborhood #5. PUBLIC HEARING
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City of Southlake
City Couneil meeting agenda
Deeember 7, 2004
Page 3 of7
C. Resolution No. 04-073, (ZA04-082), Specific Use Permit to allow a tent
for the purpose of promoting retail sales at Drexel Heritage located at
1600 East Southlake Boulevard. Current Zoning: C-3 General Commercial
District. SPIN Neighborhood #8. PUBLIC HEARING
D. ZA04-091, Site Plan for Don Davis Investments located at 2105 Green
Briar. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood
#7. PUBLIC HEARING
E. Resolution No. 04-075, (ZA04-092), Specific Use Permit for outdoor sales
and services to allow the operation of a hot dog stand in front of Home
Depot located at 300 North Village Center Drive. Current Zoning: C-3
General Commercial District. SPIN Neighborhood #8. PUBLIC
HEARING
F. Resolution No. 04-076, (ZA04-094), Specific Use Permit for the sale of
alcoholic beverages at Kincaid's Restaurant located at 100 North Kimball
Avenue, Suite 101. Current Zoning: C-3 General Commercial District.
SPIN Neighborhood #8. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-446, (ZA04-044), 1st Reading, Zoning Change and
Concept Plan for Kimball Estates located at 1470 North Kimball Avenue.
Current Zoning: SF-IA Single Family Residential District. Requested
Zoning: SF-20A Single Family Residential District. SPIN Neighborhood
#5. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM
TO THE JANUARY 4, 2005, CITY COUNCIL MEETING.
9. Resolutions:
A. Resolution No. 04-077, a resolution relating to the "Southlake Parks
Development Corporation Sales Tax Third Lien Revenue Bonds, Series
2004"; approving (i) the resolution of the Southlake Parks Development
Corporation authorizing the issuance of such Bonds and (ii) the execution,
on behalf of the City, of the FinancinglUse Agreement relating to such
financing by the Corporation; resolving other matters incident and related
to the issuance of such Bonds; and providing an effective date.
10. Other items for consideration:
A. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings.
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City of Southlake
City Councll meeting agenda
December 7, 2004
Page 4 of 7
B. Consider canceling or rescheduling the December 21,2004, City Council
meeting.
C. Authorize the Mayor to execute a Contract for Sale regarding the sale of
approximately 2.232 acres of city-owned property at the northeast comer
ofFM 1709 and Pearson Lane.
D. Consider the 2005 meeting and development application submittal
schedule.
E. Award of bid to American Landscape Systems for landscape maintenance
of Town Square public area.
F. Approve a Community Services Agreement with Grapevine Relief and
Community Exchange (GRACE).
G. Approve a Community Services Agreement with The Women's Shelter.
H. Approve a Community Services Agreement with Metroport Meals on
Wheels.
I. Approve a Community Services Agreement with Southlake Sister Cities.
J. Approve a Community Services Agreement with Southlake Community
Band.
K. Approve a Community Services Agreement with Call A Ride of
Southlake, Inc.
L. Approve a Community Services Agreement with Southlake Historical
Society.
M. Approve a Community Services Agreement with Keep Southlake
Beautiful.
N. Approve a Community Services Agreement with Southlake Women's
Club for Art in the Square.
o. Approve an Interlocal Agreement with the Fort Worth Transportation
Authority.
P. Approve a Community Services Agreement with the Bob Jones Nature
Center contingent upon their receipt of 501 c3 non-profit status.
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City of Southlake
City Council meeting agenda
December 7, 2004
Page 5 of7
Q. Consider SP04-252, Variance to the Sign Ordinance 704-B for Crystal
Clear Wireless located at 2301 West Southlake Boulevard, Suite 200.
R. Consider SP04-268, Variance to the Sign Ordinance 704-B for Shogun
Restaurant located at 2970 East Southlake Boulevard.
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, December 3, 2004, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 5',1....""
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~n A. Farwell, TRMC ; \ J~ i
CIty Secretary ; ... ." OJ i
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If you plan to attend this public meeting and have a ~alJ~itJA,m'llt 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
December 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 ofSouthlake vs. Timarron et.al. May 2001.
2. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City
ofSouthlake. March 2003.
3. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003.
4. RE. and Marilyn Smith vs. City ofSouthlake. December 2003.
5. City ofSouthlake vs. Howard E. Carr, Jr. March 2004.
6. 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 ofSouthlake. July 2004.
Section 551.072: Deliberation re2ardin2 real oronertv
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: Deliberation re2ardin2 orosoective 2m 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 re2ardin2 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 Soutblake
City Council meeting agenda
December 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(dl & (el: Local meetin2s to discuss emer2encv mana2ement olans
re2ardin2 oioeline 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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OFRCIAL RECORD
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 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 Councilmembers Laura K. Hill, Gregory Jones (arrived at 5:52 p.rn.), Virginia M. Muzyka,
and John Terrell.
CITY COUNCIL ABSENT: Deputy Mayor Pro Tern Carolyn Morris.
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton,
Assistant to the City Manager Ben Thatcher, 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,
Director of Economic Development Stefanie Wagoner, Director of Finance Sharen Elam,
Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Senior Planner
Dennis Killough, Chief of Fire Robert Finn, Chief of Administration Garland Wilson, Director of
Public Works Pedram Farahnak, City Attorney E. Allen Taylor, 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. Agenda items 8A to table
to January 4, 2005, 9A, lOA, lOB, lOD, 10E, lOF, lOG, lOH, 101, lOJ, 10K, lOL, 10M, ION,
100, lOP and lOR were added to the consent agenda. The work session ended at 6:06 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order: The regular session was called to order by Mayor
Wambsganss at 6:06 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; Section 551.087,
deliberation regarding economic development negotiations; Section 418.183(f) Texas Disaster
Act; and Section 418.106(d) & (e), local meetings to discuss emergency management plans
regarding pipeline safety. City Council adjourned for Executive Session at 6:06 p.m. Executive
Session began at 6:25 p.m. and ended at 7:25 p.m.
Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:26
p.m. The Mayor asked if any action was necessary as a result of the Executive Session.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004
Page 1 of9
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Motion was made to approve contract for the purchase of property at the northeast comer of FM
1709 and Pearson Lane as discussed in Executive Session (Agenda Item No. 10C).
Motion: Jones
Second: Shankland
Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Motion was made to authorize a response to the offer of settlement in the City of Southlake vs.
Howard E. Carr, Jr., case as discussed in Executive Session.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Motion was made to pay an annual salary of $135,000 with a vehicle allowance and monthly
amount of $250 toward deferred compensation to Shana Yelverton when she becomes City
Manager and to pay an annual salary of $72,000 to City Secretary Lori Farwell.
Motion: Shankland
Second: Terrell
Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Regarding the contracts for the City Manager designee and for the City Secretary, City Attorney
Taylor later confirmed that this motion authorizes the Mayor to execute the contracts that contain
those terms. The Mayor and Council agreed.
Agenda Item No.3. Invocation: The invocation was given by Mayor Pro Tem Shankland. Mayor
Wambsganss led the pledge of allegiance.
Agenda Item No. 4A. Mavor's Report: Mayor Wambsganss announced upcoming meetings and
events.
Agenda Item No. 4B. City Manager's Reoort: City Manager Campbell announced that the
Planning Department recently won the Project Planning Award from the Texas Chapter of the
American Planning Association for recent work on the Davis Boulevard/FM 1938 Corridor
Study.
A~enda Item No. 4C. SPIN Board Reoort: A written report was included in Council's packet.
Agenda Item No. 4D. Library Board Reoort: A written report was included in Council's packet.
Agenda Item No. 4E. Park and Recreation Board Reoort: Park Board member Michael Mills
announced recent and upcoming park activities.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004
Page 2 of9
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Agenda Item No. 4F. Local Business Reoort: Director Last introduced local business owner,
Bobby Rawls, of Velocity Sports Performance who introduced his business to the Council.
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. SA. Approve the minutes for the November 9. 2004. regular City Council
meeting; November IS. 2004. special City Council meeting; and for the November 16. 2004.
regular City Council meeting. Approved as presented.
Agenda Item No. 8A. Ordinance No. 480-446. (ZA04-044). 18t Reading. Zoning Change and
Conceot Plan for Kimball Estates located at 1470 North Kimball Avenue. Current Zoning: SF-
IA Single Family Residential District. Reauested Zoning: SF-20A Single Family Residential
District. SPIN Neighborhood #5. City Council agreed to table this item to the January 4, 2005,
meeting.
Agenda Item No. 9A. Resolution No. 04-077. a resolution relating to the "Southlake Parks
Development Corporation Sales Tax Third Lien Revenue Bonds. Series 2004"; approving (i) the
resolution of the Southlake Parks Development Corporation authorizing the issuance of such
Bonds and (ii) the execution. on behalf of the City. of the FinancinglUse Agreement relating to
such financing bv the Corporation; resolving other matters incident and related to the issuance of
such Bonds; and providing an effective date. Jim Sabonis, Senior Vice President of First
Southwest Company, presented this item to 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 P&Z
Commissioner Al Morin from the November 18, 2004, Planning and Zoning Commission
meeting.
Agenda Item No. lOB. Consider canceling or rescheduling the December 21.2004. City Council
meeting. City Council agreed to cancel the December 21, 2004, City Council meeting.
Agenda Item No. 10D. Consider the 2005 meetin!! and development application submittal
schedule. Senior Planner Killough presented this item to Council during the work session.
Agenda Item No. 10E. Award of bid to American Landscape Systems for landscape maintenance
of Town Sauare public area. Deputy Director Polasek presented this item to Council during the
work session.
Agenda Item No. 10F. Approve a Community Services Agreement with Grapevine Relief and
Community Exchange (GRACE). Deputy Director Polasek presented this item to Council during
the work session.
Agenda Item No. lOG. Approve a Community Services Agreement with The Women's Shelter.
Deputy Director Polasek presented this item to Council during the work session.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004
Page 3 0[9
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Agenda Item No. 10H. Approve a Community Services Agreement with Metrooort Meals on
Wheels. Deputy Director Polasek presented this item to Council during the work session.
Agenda Item No. 101. Aoorove a Community Services Agreement with Southlake Sister Cities.
Deputy Director Polasek presented this item to Council during the work session.
Agenda Item No. 10J. Approve a Community Services Agreement with Southlake Community
Band. Deputy Director Polasek presented this item to Council during the work session.
Agenda Item No. 1 OK. Aoorove a Community Services Agreement with Call A Ride of
Southlake. Inc. Deputy Director Polasek presented this item to Council during the work session.
Agenda Item No. 10L. Approve a Community Services Agreement with Southlake Historical
Society. Deputy Director Polasek presented this item to Council during the work session.
Agenda Item No. 10M. Aoorove a Community Services Agreement with Keen Southlake
Beautiful. Deputy Director Polasek presented this item to Council during the work session.
Agenda Item No. ION. Approve a Community Services Agreement with Southlake Women's
Club for Art in the Sauare. Deputy Director Polasek presented this item to Council during the
work session.
Agenda Item No. 100. Aoorove an Interlocal Agreement with the Fort Worth Transportation
Authority. Deputy Director Polasek presented this item to Council during the work session.
Agenda Item No. lOP. Aoorove a Community Services Agreement with the Bob Jones Nature
Center contingent upon their receiot of 501c3 non-orofit status. Deputy Director Polasek
presented this item to Council during the work session.
Agenda Item No. lOR. Consider SP04-268. Variance to the Sign Ordinance 704-B for Shogun
Restaurant located at 2970 East Southlake Boulevard. Senior Planner Killough presented this
item to Council during the work session.
Motion was made to approve the consent agenda Items 5A; 8A to table to the January 4,2005,
City Council meeting; 9A; lOA excusing the absence ofP&Z Commissioner AI Morin from the
November 18, 2004, Planning and Zoning Commission meeting; lOB; IOD; IOE; 10F; lOG;
10H; 101; 1 OJ; 10K; 10L; 10M; ION; 100; lOP; and lOR approving a monument sign with a total
combined height of the base and the sign of no greater than 6 feet and a width of no greater than
11 feet.
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Shankland
Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss
None
6-0
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004
Page 4 of9
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REGULAR AGENDA:
Agenda Item No.6. Public Forum. Franklin Peterson and Janice Gaddie of the Southlake Lions
Club discussed the Southlake Shield Foundation and an upcoming Foundation fundraiser on
December 14 at Pieter Andries Jewelers.
Agenda Item No. 7A. Resolution No. 04-072. Adootion of the Davis Boulevard/FM 1938
Corridor Study as a component of the Southlake 2025 Plan. the Comorehensive Master Plan for
the City of Southlake. Director Baker presented this item to Council. Vice-Chairman of the
Planning and Zoning Commission, Debra Edmondson, 1306 Plantation Drive, Southlake,
discussed the plan and encouraged Council's approval. 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,
ADOPTING THE DAVIS BOULEVARD/F.M. 1938 CORRIDOR: ANALYSIS AND
RECOMMENDATIONS (DAVIS BOULEV ARD/F.M. 1938 CORRIDOR PLAN) AS AN
ELEMENT OF SOUTHLAKE 2025 PLAN, THE CITY'S COMPREHENSNE MASTER
PLAN.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 04-072, Adoption of the Davis Boulevard/FM 1938
Corridor Study as a component of the Southlake 2025 Plan, the Comprehensive Master Plan for
the City of Southlake.
Motion: Terrell
Second: Shankland
Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7B. Ordinance No. 480-421A. (ZA04-089t 2nd Reading. Zoning Change and
Develooment Plan for Estes Park Phase I Addition located on the south side of the 600 and 700
blocks of East Dove Street. Current Zoning: R-PUD Residential Planned Unit Development
District. Reauested Zoning: R-PUD Residential Planned Unit Develooment District. SPIN
Neighborhood #5. Senior Planner Killough presented this item to Council. In accordance with
Section 4.21 of the City Charter, the caption for this term 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 ESTES
PARK PHASE 1 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET 'A', SLIDE
9572, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY
30.32 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHffilT "A"
FROM "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF-
20A" SINGLE FAMILY RESIDENTIAL DISTRICT USES TO "R-PUD" RESIDENTIAL
PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF-20A" SINGLE F AMIL Y
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004
Page 5 0[9
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RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT
PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHmlT "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 EFFECTNE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-421A, (ZA04-089), 2nd Reading, Zoning
Change and Development Plan for Estes Park Phase I Addition, subject to Development Plan
Review Summary No.2, dated November 10, 2004.
Motion: Terrell
Second: Shankland
Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7C. Resolution No. 04-073. (ZA04-082t S~ecific Use Permit to allow a tent
for the Duroose of Dromoting retail sales at Drexel Heritage located at 1600 East Southlake
Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. Senior
Planner Killough and Director Baker presented this item to Council. Applicant Tom Farizo, 1600
East Southlake Boulevard, Southlake, answered questions from Council. 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,
GRANTING A SPECIFIC USE PERMIT FOR A TENT FOR THE PURPOSE OF
PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,
TEXAS, LOCATED AT 1600 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY
DESCRIBED AS LOT 1, BLOCK 2, VILLAGE CENTER ADDITION, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHmlT "A", AND AS DEPICTED ON THE APPROVED
SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHmlT "B"
AND PROVIDING AN EFFECTNE DATE.
No one spoke during the public hearing. The Council discussed this request.
Motion was made to approve Resolution No. 04-073 (ZA04-082), Specific Use Permit to allow a
tent for the purpose of promoting retail sales at Drexel Heritage from December 28 through
January 10 specifically approving the variance for 10% reduction in parking.
Motion: Terrell
Second: Shankland
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004
Page 60[9
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Ayes:
Nays:
Approved:
Jones, Muzyka, Shankland, Terrell, Wambsganss
Hill
5-1
Agenda Item No. 7D. ZA04-091. Site Plan for Don Davis Investments located at 2105 Green
Briar. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. Senior Planner
Killough presented this item to Council. Council discussed this request.
Mayor Wambsganss opened the public hearing.
Wayne Winters, 2366 East Road to Six Flags, Arlington, represented the applicant on this
request. He asked for Council's approval.
Mayor Wambsganss closed the public hearing.
Motion was made to approve (ZA04-091) Site Plan for Don Davis Investments subject to Site
Plan Review Summary No.3, dated December 1, 2004, specifically granting the driveway
vanance.
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Shankland
Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss
None
6-0
Mayor Wambsganss called for a break at 8:46 p.m. Council reconvened at 8:59 p.m.
Agenda Item No. 7E. Resolution No. 04-075. (ZA04-092t Specific Use Permit for outdoor sales
and services to allow the oDeration of a hot dog stand in front of Home Depot located at 300
North Village Center Drive. Current Zoning: C-3 General Commercial District. SPIN
Neighborhood #8. Senior Planner Killough presented this item to Council. Applicant Tony
Ficken, 1311 Palo Duro Trail, Southlake, answered Council's questions. 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,
GRANTING A SPECIFIC USE PERMIT FOR OUTDOOR SALES OR SERVICES ON
PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 300 NORTH
VILLAGE CENTER DRIVE BEING LEGALLY DESCRIBED AS LOT 4, BLOCK 2,
VILLAGE CENTER ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN
EXHffilT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHffilT "B" AND PROVIDING AN
EFFECTIVE DATE.
No one spoke during the public hearing.
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Motion was made to approve Resolution No. 04-075, (ZA04-092), Specific Use Permit for
outdoor sales and services to allow the operation of a hot dog stand in front of Home Depot as
approved by the Planning and Zoning Commission.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7F. Resolution No. 04-076. (ZA04-094t Suecific Use Permit for the sale of
alcoholic beverages at Kincaid's Restaurant located at 100 North Kimball Avenue. Suite 101.
Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. Senior Planner
Killough presented this item to Council. Applicant Ron Gentry, 4400 Shady Wood Lane,
Colleyville, answered Council's questions. 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,
GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEGERAGES
ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 100
NORTH KIMBALL AVENUE, SUITE 101, BEING LEGALLY DESCRIBED AS LOT 2,
BLOCK 1, FARRAR ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN
EXHffiIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHffiIT "B" AND PROVIDING AN
EFFECTNE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 04-076, (ZA04-094), Specific Use Permit for the
sale of alcoholic beverages at Kincaid's Restaurant for a period often years.
Motion: Terrell
Second: Shankland
Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Motion was amended to approve Resolution No. 04-076, (ZA04-094), Specific Use Permit for
the sale of alcoholic beverages at Kincaid's Restaurant for the duration of their lease or ten years,
whichever is shorter.
Motion: Terrell
Second: Shankland
Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 100. Consider SP04-252. Variance to the Sign Ordinance 704-B for Crystal
Clear Wireless located at 2301 West Southlake Boulevard. Suite 200. Senior Planner Killough
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004
Page 8 of9
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presented this item to Council. Applicant Kevin Spradling, 6461 Mile Road, Ardmore,
Oklahoma, answered Council's questions.
Motion was made to table SP04-252 to the January 4,2005, City Council meeting and to allow
the use of a banner sign until that time.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Executive Session: Mayor Wambsganss announced that the City Council would be going into
Executive Session pursuant to the Texas Government Code, Section 551.074, deliberation
regarding personnel matters. City Council adjourned for Executive Session at 9:39 p.m.
Executive Session began at 9:45 p.m. and ended at 9:55 p.m.
Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 9:55
p.m. The Mayor asked if any action was necessary as a result of the Executive Session. No action
was necessary.
Agenda Item No. 12. Meeting ad1ourned. Mayor Wambsganss adjourned the meeting at 9:55
p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
~~~~
Andy Wambsganss
Mayor
ATTEST:
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City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004
Page 90f9