2005-06-07 Regular CC Meeting
I
I.
I
I
I
I
I
I
I
Ie
I
I
I
I
I
I
I.
I
I
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: JUNE 7.2005
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 foUowinf! the work session
1. Cal1to 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 Ref!ular Session or at any
time durinf! the meetinf! 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 meetinf!.
1. Section 551.087: Deliberation ref!ardinf! economic develooment
nef!otiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3.
INVOCATION:
Coy Quesenbury, Lonesome Dove Baptist Church
4. REPORTS:
A. Mayor's Report
1. Oaths of Office for Councilmembers Place 1 and Place 6
2. Presentation of Tree City USA and Growth Award
3. Southlake Sidewalk Sale
B. City Manager's Report
C. Library Board 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
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I.
I
I
City of Soutblake
City Council meeting agenda
June 7, 2005
Page 2 of7
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. ~OIlSerlt:
A. Approve the miIlutes for the May 17,2005, regular ~ity ~OUIlCi1 meetiIlg.
B. ResolutioIl No. 05-025, Appomtmerlt of the Mayor Pro Tem atld the
Deputy Mayor Pro Tem.
~. Authorize the ~ity Matlager to purchase 60 desktop persOIlal computers
atld moIlitors atld 12 printers from Dell ~omputer for $56,025.56 (State
Bid).
D. Authorize the Mayor to eIlter mto a three year lease agreemerlt betweeIl
Applied ~OIlCeptS, mc. of Platlo atld the ~ity of Southlake for 21 vehicle
mOUIlted radars for a total of$46,095.
E. Authorize the Mayor to execute a commercial developer's agreemerlt for
~arroll Terrace located at the Ilorthwest comer of the mtersectioIl of North
~arroll A veIlue atld Southcrest ~ourt.
F. Authorize the Mayor to execute a commercial developer's agreemerlt for
Players ~ircle AdditioIl located 011 the south side of West Southlake
Boulevard across from Meadowlark Latle.
G. Authorize the Mayor to execute a residerltial developer's agreemeIlt for
BreIltwood AdditioIl located 011 the east side of North White ~hapel
Boulevard approximately 1,000 feet south of Dove Street.
H. ~oIlsider SP05-114, Variatlce to SigIl OrdiIlatlCe No. 704-B for Hobert
Pools located at 2360 East State Highway 114.
I. ~oIlsider SP05-127, Variatlce to SigIl OrdiIlatlce No. 704-B for ~arried
Away located at 2360 East State Highway 114, Suite 2362.
J. ~oIlsider SP05-112, Variatlce to SigIl OrdiIlatlce No. 704-B for The
~arpet Mill Outlet, mc. located at 2360 East State Highway 114, Suites
2354 & 2356.
K. ~oIlsider SP05-131, Variatlce to SigIl OrdiIlatlce No. 704-B for Lot 2RIR,
~omerstoIle BusiIless Park located at 405 South Nolerl Drive.
L. OrdiIlatlCe No. 480-451, 1 st ReadiIlg (ZA04-1 01), ZoIliIlg Chatlge for
Tracts lAIA2, atld lAIA2D, B.J. Foster Survey, Abstract No. 519. The
property is located 011 the IlOrth side of Gifford Court, approximately 300
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I.
I
I
City of Southlake
City Council meeting agenda
June 7, 2005
Page 3 of7
feet east of Randol Mill Avenue. Current Zoning is AG Agricultural
District. Requested Zoning is SF-IA Single Family Residential District.
SPIN Neighborhood #12. THE APPLICANT HAS REQUESTED TO
TABLE THIS ITEM TO THE JULY 5, 2005 CITY COUNCIL
MEETING. SINCE NO MEETING WILL BE HELD THAT DAY,
THIS ITEM WILL BE TABLED TO THE JULY 19, 2005 CITY
COUNCIL MEETING.
M. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-456 (ZA05-020), 2nd Reading, Zoning Change and
Concept Plari for proposed Kimball Hills being legally described as Tracts
3, 3B, 3C, and 3D, I.A. Freeman Survey, Abstract No. 529, located at 616
and 620 South Kimball Avenue. Current Zoning: AG Agricultural District.
Requested Zoning: SF-20A Single Family Residential District. SPIN
Neighborhood #8. PUBLIC HEARING
B. ZA05-021, Preliminary Plat for proposed Kimball Hills located at 616 and
620 South Kimball Avenue. Current Zoning: AG Agricultural District.
Proposed Zoning: SF-20A Single Family Residential District. SPIN
Neighborhood #8.
C. Ordinance No. 480-457 (ZA05-033), 2nd Reading, Zoning Change for
Tracts 2A, 2Al, 2A6, and 2A7, C. Dart Survey, Abstract No. 2003; Tracts
4Al and 4D, W. Martin Survey, Abstract No. 1068 Addition, located at
1285, 2195 Randol Mill Avenue and 1340 Robin Lane. Current Zoning:
AG Agricultural District. Requested Zoning: SF-IA Single Family
Residential District. SPIN Neighborhood #12. PUBLIC HEARING
D. ZA05-034, Preliminary Plat for proposed The Enclave located at the
southeast intersection of Randol Mill Avenue and Dove Road; being 2185,
2195, and 2245 North Randol Mill Avenue, and 1340 Robin Lane. Current
Zoning: AG Agricultural District and SF-IA Single Family Residential
District. Requested Zoning: SF-IA Single Family Residential District.
SPIN Neighborhood #12.
E. ZA05-035, Site Plan for Lakeside Presbyterian Church located at 2701
West Southlake Boulevard. Current Zoning: CS Community Service
District. SPIN Neighborhood #15. PUBLIC HEARING
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I.
I
I
City of Soutblake
City Council meeting agenda
June 7, 2005
Page 4 of 7
F. ZA05-052, Site Plan for Timber Lake Pool and Recreation Complex
located at 601 Timber Lake Circle. Current Zoning: R-PUD Residential
Planned Unit Development District. SPIN Neighborhood #14. PUBLIC
HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 878-A, 1 st Reading, Amending Ordinance No. 878,
amending Fiscal Year 2004-05 Annual Budget. (If approved on first
reading, the Public Hearing will be held on June 21, 2005.)
B. Ordinance No. 480-458, (ZA05-040), 1 st Reading, Zoning Change and
Concept Plan for Pediatric Dermatology of North Texas located on the
north side of East State Highway 114, approximately 1,000 feet from
Shady Lane in the 2700 block of East State Highway 114. Current Zoning:
AG Agricultural District. Requested Zoning: 0-1 Office District. SPIN
Neighborhood #6. (If approved on first reading, the public hearing will be
held on June 21, 2005.)
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration:
A. Consider SP05-130, Variance to the Sign Ordinance No. 704-B for
Pediatric Dermatology of North Texas located at 2720 East State Highway
114.
B. Consider SP05-113, Variance to Sign Ordinance No. 704-B for
Anderson's Furniture & Design Gallery located at 2140 East Southlake
Boulevard, Suite R.
C. Consider SP05-125, Conditional Sign Permit in accordance with the Sign
Ordinance No. 704-B for East Southlake No.1, Ltd. located at 900 East
Southlake Boulevard.
D. Consider SP05-139, Variance to Sign Ordinance No. 704-B for The
Southlake Tavern located at 2700 East Southlake Boulevard.
11. Other items for discussion:
A. Proposal and release of the Request for Proposal for the Southlake
Wireless Networking concept.
B. Proposed Rural Conservation Land Use designation.
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I.
I
I
City of Southlake
City Council meeting agenda
June 7, 2005
Page 5 of7
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, June 3, 2005, by 6:00 p.m., pursuant
to the Texas Government Code, Chapter 551.
""........",
k ...."~UTH~..
· tJ ~ /<5- ......-......-<i-\
^ ..~.. \~..
s,..,.: .A~
~ri A. Farwell, C ~ a{ *" J~ i
CIty Secretary ; ... ! C),) e
-:.... .. ~
, .. .. ~
'" ........ ~
If you plan to attend this public meeting and'~trldis<<lrR~ty that requires special needs, please
advise the City Secretary's Office 48 hours i;;":;:K;ance at 817-748-8016 and reasonable
accommodations will be made to assist you.
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I.
I
I
City of Soutblake
City CouncD meeting agenda
June 7, 200S
Page 60f7
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. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003.
3. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003.
4. 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 Southlake. July 2004.
5. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City
of South lake. March 2005.
Section 551.072: Deliberation ree:ardine: 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 ree:ardine: orosoective e:ift 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 ree:ardine: oenonnel 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 ree:ardine: security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
Section 551.087: Deliberation ree:ardine: economic develooment nee:otiations
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.
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I.
I
I
City of Southlake
City Council meeting agenda
June 7, 2005
Page 70f7
Section 418.183(n: 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 meetine:s to discuss emere:encv manae:ement Dlans
ree:ardine: 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.
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
.
I
I
CITY OF SOUTHLAKE
OFFlcw. RECORD
REGULAR CITY COUNCIL MEETING MINUTES: JUNE 7.2005
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss (left rneeting at 8:45 p.rn.),
Mayor Pro Tern Keith Shankland (arrived at 5:45 p.rn.) and Deputy Mayor Pro Tern
Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones (arrived at 6:13
p.rn.), and Virginia M. Muzyka
CITY COUNCIL ABSENT: Councilmember John Terrell.
STAFF PRESENT: City Manager Shana Yelverton, Interim Deputy City Manager
Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim
Bush, Manager of Technical Services Gary Gregg, Information Systems Technician Sam
Cobb, Audio Visual Technician Pam Jordan, Director of Community Services Malcolm
Jackson, Deputy Director of Community Services Steve Polasek, Landscape
Administrator Keith Martin, Interim Director of Public Safety Rick Smith, Interim Chief
of Police Marlin Price, Director of Economic Development Greg Last, Economic
Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Municipal
Court Judge Carol Montgomery, Director of Human Resources Kevin Hugman, Director
of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Works
Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Construction
Manager Clayton Redinger, 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 5:30
p.m. City Council reviewed the agenda items with city staff and applicants. Agenda item
8A was added to the consent agenda. The work session ended at 6: 16 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:16 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss adjourned the meeting at
6: 16 p.m. There was no executive session held.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 6:59 p.m.
Agenda Item No.3. Invocation. The invocation was given by Coy Quesenbury from
Lonesome Dove Baptist Church. Mayor Wambsganss led the pledge of allegiance.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 7, 2005
Page 1 of 10
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
o
I
I
Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming
meetings and events.
Agenda Item No. 4Al. Oaths of Office for Councilmembers Place 1 and Place 6. Judge
Montgomery gave the oaths of office for Laura K. Hill for Place 1 and Carolyn Morris,
for Place 6.
Mayor Wambsganss recessed the meeting for a short break and invited everyone to the
foyer for punch and cake at 7: 11 p.m.
Mayor Wambsganss reconvened the meeting at 7:25 p.m.
Agenda Item No. 4A2. Presentation of Tree City USA and Growth Award. Landscape
Administrator Martin introduced Courtney Blevins from the Texas Forest Service who
presented the Tree City USA and the Growth Award to the Mayor.
Agenda Item No. 4A3. Southlake Sidewalk Sale. Economic Development Specialist
Wagoner presented information on the upcoming Southlake Sidewalk Sale.
Agenda Item No. 4B. City Manager's Report. There was no report given.
Agenda Item No. 4C. Library Board 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. Approve the minutes for the May 17. 2005. regular City Council
meeting. Approved as presented.
Agenda Item No. 5B. Resolution No. 05-025. At>t>ointment of the Mayor Pro Tem and
the Deputy Mayor Pro Tern. Mayor Wambsganss presented this item during the work
session. He recommended Keith Shankland for Mayor Pro Tern and Carolyn Morris for
Deputy Mayor Pro Tern.
Agenda Item No. 5C. Authorize the City Manager to t>urchase 60 desktop t>ersonal
comt>uters and monitors and 12 printers from Dell Computer for $56.025.56 (State Bid).
This item was reviewed by Council during the work session.
Agenda Item No. 5D. Authorize the Mayor to enter into a three year lease
agreement between Applied Concet>ts. Inc.. of PIano and the City of Southlake for 21
vehicle mounted radars for a total of $46.095. This item was reviewed by Council during
the work session.
Agenda Item No. 5E. Authorize the Mayor to execute a commercial develot>er's
agreement for Carroll Terrace located at the northwest comer of the intersection of North
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 7, 2005
Page 2 of 10
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
.
I
I
Carroll Avenue and Southcrest Court. This item was reviewed by Council during the
work session.
Agenda Item No. 5F. Authorize the Mayor to execute a commercial developer's
agreement for Players Circle Addition located on the south side of West Southlake
Boulevard across from Meadowlark Lane. This item was reviewed by Council during the
wok session.
Agenda Item No. 5G. Authorize the Mayor to execute a residential developer's
agreement for Brentwood Addition located on the east side of North White Chapel
Boulevard aporoximately 1.000 feet south of Dove Street. This item was reviewed by
Council during the work session.
. Agenda Item No. 5H. Consider SP05-114. Variance to Sign Ordinance No. 704-B for
Hobert Pools located at 2360 East State Highway 114. Chief Planner Killough presented
this item to Council during the work session, in conjunction with agenda items 51 and 5J.
Agenda Item No. 51. Consider SP05-127. Variance to Sign Ordinance No. 704-B for
Carried Away located at 2360 East State Highway 114. Suite 2362. Chief Planner
Killough presented this item to Council during the work session, in conjunction with
agenda items 5H and 5J.
Agenda Item No. 5J. Consider SP05-112. Variance to Sign Ordinance No. 704-B for The
Camet Mill Outlet. Inc.. located at 2360 East State Highway 114. Suites 2354 & 2356.
Chief Planner Killough presented this item to Council during the work session, in
conjunction with agenda items 5H and 51.
Agenda Item No. 5K. Consider SP05-131. Variance to Sign Ordinance No. 704-B for Lot
2RIR. Cornerstone Business Park located at 405 South Nolen Drive. Chief Planner
Killough presented this item to Council during the work session. Applicants Max
Kruegler, 708 Nettleton, Southlake, Texas, and Mark Kursey, 1513 Penbrook Court,
Keller, Texas, answered Council's questions.
Agenda Item No. 5L. Ordinance No. 480-451. 1st Reading (ZA04-10l). Zoning Change
for Tracts lAIA2. and lAIA2D. BJ. Foster Survey. Abstract No. 519. The orooerty is
located on the north side of Gifford Court. aooroximately 300 feet east of Randol Mill
Avenue. Current Zoning is AG Agricultural District. Reauested Zoning is SF-IA Single
Family Residential District. SPIN Neighborhood #12. The applicant has requested to
table this item to the July 5, 2005 City Council meeting. Since no meeting will be held
that day, this item will be tabled to July 19, 2005.
Agenda Item No. 5M. Consider excusing members of the City Council and of the
Planning and Zoning Commission for absences from meetings. Mayor Wambsganss
presented this item to the Council. Councilmembers Hill and Muzyka were absent from
the May 17, 2005 City Council meeting and Commissioner Donald Coonan was absent
from the May 19, 2005 Planning and Zoning Commission meeting.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 7, 2005
Page 3 of 10
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
.
I
I
Agenda Item No. 8A. Ordinance No. 878-A. 1st Reading. Amending Ordinance No. 878.
amending Fiscal Year 2004-05 Annual Budget. Director Elam presented this item to
Council during the work session.
Motion was made to approve consent agenda items 5A; 5B appointing Keith Shankland
as Mayor Pro Tern and Carolyn Morris as Deputy Mayor Pro Tern; 5C; 5D; 5E; 5F; 5G;
5H; 51; 5J; 5K; 5L to table to the July 19, 2005, City Council meeting; 5M excusing
Laura K. Hill and Virginia M. Muzyka from the May 17 City Council meeting and Don
Coonan from the May 19 Planning and Zoning Commission meeting; and 8A.
Motion: Muzyka
Second: Shankland
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke during the public hearing.
Agenda Item No. 7 A. Ordinance No. 480-456 (ZA05-020). 2nd Reading. Zoning Chang:e
and Concept Plan for proDosed Kimball Hills being legally described as Tracts 3. 3B. 3C.
and 3D. lA. Freeman Survey. Abstract No. 529. located at 616 and 620 South Kimball
Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single
Family Residential District. SPIN Neighborhood #8. Chief Planner Killough presented
this item to Council. Applicant Marcel Bosworth, 620 South Kimball Avenue, Southlake,
Texas, answered Council's questions. In accordance with Section 4.21 of the City
Charter, the caption for this term is listed as follows:
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 3, 3B, 3C, AND 3D, SITUATED IN THE J.A. FREEMAN
SURVEY, ABSTRACT NO. 529, BEING APPROXIMATELY 11.44 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHffilT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF-20A" 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.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 7, 2005
Page 4 of 10
I
I.
I
I
I
I
I
I
I
Ie
I
I
I
I
I
I
I
.
I
I
Mayor Wambsganss opened the public hearing.
Pattie Minder, 223 Eastwood Drive, Southlake, Texas, addressed several concerns
regarding this item.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480-456 (ZA05-020), 2nd Reading, Zoning
Change and Concept Plan for proposed Kimball Hills subject to Council's approval on 1 st
Reading and subject to the following: the street will follow the topography of the land,
approximately 11 trees will be placed along the west property boundary and adding two
to three trees in the northwest comer of the property, placing 15 to 16 trees within the
eastern-most four acres, and requiring an 8' masonry fence along the west property
boundary.
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Morris
Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
None
6-0
Agenda Item No. 7B. ZA05-021. Preliminary Plat for proposed Kimball Hills located at
616 and 620 South Kimball Avenue. Current Zoning: AG Agricultural District. Proposed
Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #8. Chief
Planner Killough presented this item to Council.
Motion was made to approve ZA05-021, Preliminary Plat for proposed Kimball Hills
subject to Revised Plat Review Summary No.3 dated June 1, 2005, and subject to the
concept plan and zoning requirements.
Motion: Jones
Second: Shankland
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7C. Ordinance No. 480-457 (ZA05-033)' 2nd Reading. Zoning Change
for Tracts 2A. 2Al. 2A6. and 2A7. C. Dart Survey. Abstract No. 2003: Tracts 4Al and
4D. W. Martin Survey. Abstract No. 1068 Addition. located at 1285. 2195 Randol Mill
Avenue and 1340 Robin Lane. Current Zoning: AG Agricultural District. Requested
Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. Chief
Planner Killough presented this item to Council in conjunction with agenda item no. 7D.
Applicant Paul Spain, 2200 Estes Park Drive, Southlake, Texas, answered Council's
questions. In accordance with Section 4.21 of the City Charter, the caption for this term
is listed as follows:
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 7, 2005
Page 5 of 10
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
.
I
I
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS
OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY
DESCRIBED AS TRACTS 2A, 2Al, 2A6, & 2A7, SITUATED IN THE C. DART
SURVEY, ABSTRACT NO. 2003 AND TRACTS 4Al & 4D, SITUATED IN THE W.
MARTIN SURVEY, ABSTRACT NO. 1068, BEING APPROXIMATELY 13.28
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHmIT "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 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.
Mayor Wambsganss opened the public hearing.
Michael and Brenda Dewey, 2245 Randol Mill Avenue, Southlake, Texas, did not wish
to speak but recorded their support of this item.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480-457 (ZA05-033), 2nd Reading, Zoning
Change.
Motion:
Second:
Ayes:
Nays:
Approved:
Shankland
Muzyka
Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
None
6-0
Agenda Item No. 7D. ZA05-034. Preliminary Plat for ~roposed The Enclave located at
the southeast intersection of Randol Mill Avenue and Dove Road: being 2185.2195. and
2245 North Randol Mill Avenue. and 1340 Robin Lane. Current Zoning: AG Agricultural
District and SF-IA Single Familv Residential District. Requested Zoning: SF-IA Single
Family Residential District. SPIN Neighborhood #12. Chief Planner Killough presented
this item to Council in conjunction with agenda item no. 7C. Applicant Paul Spain, 2200
Estes Park Drive, Southlake, Texas, answered Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 7, 2005
Page 6 of 10
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
.
I
I
Motion was made to approve ZA05-034, Preliminary Plat for proposed The Enclave
subject to Plat Review Summary No.2, dated April 29, 2005, subject to the Planning and
Zoning Commission's recommendation.
Motion: Shankland
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7E. ZA05-035. Site Plan for Lakeside Presbyterian Church located at
2701 West Southlake Boulevard. Current Zoning: CS Community Service District. SPIN
Neighborhood #15. Chief Planner Killough presented this item to Council. Director
Farahnak answered Council's questions. Applicant Bob Mackey, 985 Elkin Lane,
Roanoke, Texas, answered Council's questions.
Mayor Wambsganss opened the public hearing.
Architect Sharon Krueger, 6405 Tranquility Court, Arlington, Texas, spoke in support.
Reverend David Boxerman, 6800 Moss, North Richland Hills, Texas, spoke in support.
The following people did not wish to speak, but wanted to record their support:
Greg and Linda Anderson, 1414 Stone Lakes Drive, Southlake, Texas;
Randy Phillips, 2041 Hickory Hollow Lane, Southlake, Texas;
Kristi Boyd, 11617 Bobcat Drive, Southlake, Texas;
Tim Green, 210 White Chapel Court, Southlake, Texas;
Tim Levey, 2309 Heather Glenn, Colleyville, Texas;
Timothy M. Beard, 132 Montreal Drive, Hurst, Texas;
David Musil, 8145 Mt. Shasta Circle, Fort Worth, Texas; and,
Scott and Kim Roberts, 1206 Oakwood Trail, Southlake, Texas.
Mayor Wambsganss closed the public hearing.
Motion was made to approve ZA05-035, Site Plan for Lakeside Presbyterian Church
subject to Revised Site Plan Review Summary No.3, dated June 1, 2005, and subject to
the Planning and Zoning Commission's recommendations which include the Revised Site
Plan Review Summary #3, dated May 19, 2005, and including the applicant's letter
regarding his willingness to maintain the tree coverage area on the east side of the
property and including a septic system with a dry line as required by Ordinance No. 440,
Sections Ib and 3, and acknowledging the applicant's willingness to evaluate moving
parking spaces to the west side to reduce interference with the stand of trees on the east
side.
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Shankland
Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
None
6-0
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 7, 2005
Page 7 of 10
I
I.
I
I
I
I
I
I
I
I.
I.
I
I
I
I
I
I
.
I
I
Agenda Item No. 7F. ZA05-052. Site Plan for Timber Lake Pool and Recreation
Complex located at 601 Timber Lake Circle. Current Zoning: R-PUD Residential
Planned Unit Develooment District. SPIN Neighborhood #14. Chief Planner Killough
presented this item to Council. Applicant Diane Meyers, Association Manager of Timber
Lakes Homeowner's Association, answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA05-052, Site Plan for Timber Lake Pool and Recreation
Complex subject to Site Plan Review Summary No.1, dated May 13, 2005, granting the
requested setback variance.
Motion: Shankland
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 6-0
Councilmember Jones clarified that he accepted Deputy Mayor Pro Tem Morris'
amendment to his motion for agenda item no. #7E (ZA05-052) giving staff the authority
to accept, on behalf of the City Council, a revised site plan that would adjust the parking
in order to save trees.
Mayor Wambsganss called for a break at 8:45 p.m. Mayor Wambsganss had to leave the
meeting.
Mayor Pro Tem Shankland reconvened the meeting at 9:10 p.m.
Councilmember Jones clarified that he accepted Deputy Mayor Pro Tem Morris'
amendment to his motion for agenda item no. #7E (ZA05-052) giving staff the authority
to accept, on behalf of the City Council, a revised site plan that would adjust the parking
in order to save trees.
Agenda Item No. 8B. Ordinance No. 480-458. (ZA05-040). 1 st Readin~. Zoning Change
and Concept Plan for Pediatric Dermatology of North Texas located on the north side of
East State Highway 114. aooroximately 1.000 feet from Shady Lane in the 2700 block of
East State Highway 114. Current Zoning: AG Agricultural District. Requested Zoning:
0-1 Office District. SPIN Neighborhood #6. Due to a denial by the Planning and Zoning
Commission, this item requires a super majority vote by City Council. Since a full
Council was not available at this meeting, there was no presentation made by staff.
Applicant Fred Ghali, 102 Clear Lake Court, Southlake, Texas, answered Council's
questions.
Motion was made to table Ordinance No. 480-458, (ZA05-040), 1 st Reading, Zoning
Change and Concept Plan for Pediatric Dermatology of North Texas back to the Planning
and Zoning Commission.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 7, 2005
Page 8 of 10
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
.
I
I
Motion:
Second:
Ayes:
Nays:
Approved:
Morris
Jones
Hill, Jones, Morris, Muzyka, Shankland
None
5-0
Agenda Item No. lOA. Consider SP05-130. Variance to the Silm Ordinance No. 704-B
for Pediatric Dermatology of North Texas located at 2720 East State High.wav 114.
Chief Planner Killough presented this item to Council. Applicants Fred Ghali, 102 Clear
Lake Court, Southlake, Texas, and Matt Carter, Innovative Developers, Inc., 930 West 1st
Street, Suite 201, Fort Worth, Texas, answered Council's questions. Even though Council
can not take action on the previous item, agenda item no. 8B, Mr. Ghali still asked for
direction from Council on his sign request.
Motion was made to table SP05-l30, Variance to Sign Ordinance No. 704-B for Pediatric
Dermatology of North Texas, until such time as the applicant returns with the zoning
change and concept plan request.
Motion: Morris
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland
Nays: None
Approved: 5-0
Agenda Item No. lOB. Consider SP05-113. Variance to Sign Ordinance No. 704-B for
Anderson's Furniture & Design Gallery located at 2140 East Southlake Boulevard. Suite
R. Chief Planner Killough presented this item to Council. Applicant Patricia Noss of
Flower Mound answered Council's questions.
Motion was made to approve SP05-113, Variance to Sign Ordinance No. 704-B for
Anderson's Furniture & Design Gallery.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland
Nays: None
Approved: 5-0
Agenda Item No. 10C. Consider SP05-125. Conditional Sign Permit in accordance with
the Sign Ordinance No. 704-B for East Southlake No.1. Ltd. located at 900 East
Southlake Boulevard. Chief Planner Killough presented this item to Council. Applicant
Dr. Angelo Mendez, 1344 Lakeview Drive, Southlake, Texas, introduced himself to
Council. Applicant John Bickler of Identitec, 2875 Exchange Boulevard, Southlake,
Texas, answered Council's questions.
Motion was made to approve SP05-125, Conditional Sign Permit in accordance with the
Sign Ordinance No. 704-B for East Southlake No.1, Ltd., approving only signs no. 2, 3,
and 4, eliminating signs no. 1 and 5, and requiring black lettering all in the same font.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 7, 2005
Page 9 of 10
I
I.
I
I
I
I
I
I
I
I.
I
I
II
I
I
I
I
.
I
I
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Muzyka
Hill, Jones, Morris, Muzyka, Shankland
None
5-0
Agenda Item No. 10D. Consider SP05-139. Variance to Sign Ordinance No. 704-B for
The Southlake Tavern located at 2700 East Southlake Boulevard. Chief Planner Killough
presented this item to Council. The applicant was not present for this item.
Motion was made to approve SP05-139, Variance to Sign Ordinance No. 704-B for The
Southlake Tavern for a period not to exceed 60 days or until the restaurant opens.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland
Nays: None
Approved: 5-0
Agenda Item No. 11A. Proposal and release of the reauest for proposal for the Southlake
wireless networking concept. Technical Services Manager Gregg presented this item to
Council during the work session.
Agenda Item No. lIB. Proposed rural conservation land use designation. Planning and
Zoning Chairman Vernon Stansell presented this item to Council at the end of the regular
meeting. Chairman Stansell discussed this proposal with Council. Council gave their
support for the proposed rural conservation land use designation.
Agenda Item No. 12. Meeting adiourned. Mayor Pro Tern Shankland adjourned the
meeting at 10:38 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
ATTEST:
~-
A ~
AfldY Warn sganss
Mayor
",,,,",,,,,,
", · 'TH I"
........ ~o'" y.2:""
:-' ~ v ........,~ ~~
i 0.... ---: --' \
::>.1 * \~~
:...: : i
.-. : -
:<.)\ I''';
:. \ VII E
~ e. ..~
-; e. ." ~
~ ......... ,'"
" ....
"'" **'* """
",,,..,,,,,,,
/au' ().~
Lori A. Farwell, TRMC
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 7, 2005
Page 10 of 10