2005-12-06 Regular CC Meeting
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: DECEMBER 6. 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 followm2 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 Re2ular Session or at any
time durin2 the meetin2 that a need arises for the City Councll to seek
advice from the City Attornev as to the oosted subiect matter of this
City Councll meetin2.
1. Section 551.071: Consultation with city attorney
a. Seek advice of the city attorney regarding legal
requirements and obligations related to the Texas Open
Meetings Act and the Public Information Act.
2. Section 551.072: Deliberation re2ardin2 real orooertv
a. Discuss the value of city-owned real property at the
southeast comer of Pearson Lane and Jordan Drive.
3. Section 551.074: Deliberation re2ardin2 oenonnel matten
a. Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City
Manager and the City Secretary.
4. Section 551.087: Deliberation re2ardin2 economic develooment
ne2otiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
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City of Southlake
City Council meeting agenda
December 6, 2005
Page 2 of7
3.
INVOCATION:
David Whitington, Christ Our King Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
C. 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. Cons~t:
A. Approve the minutes for the November 15, 2005, regular City Council
meeting.
B. Consider excusing members of the City Council and of the Planning and
Zoning Commission for abs~ces from meetings.
C. Consider canceling the December 20, 2005 regular City Council meeting.
D. Resolution No. 05-066, Appoint a member to the Library Board.
E. Resolution No. 05-067, Appoint members to the Public Art Advisory
Committee.
F. Resolution No. 05-074, Appoint members to the Log Cabin Committee.
G. Approve matching funds request from Boo-Boo's Buddies in the amount
of $8,500 for Dog Park improvem~ts.
H. Approve Change Order No.3 in the amount of $46,159.50 with Reynolds
Asphalt for trail construction on Contin~ta1 Boulevard.
I. Resolution No. 05-072, abandoning and quit claiming an ingress/egress
easem~t in a portion of the A.H. Chivers Survey, Abstract No. 299, being
the most westerly 718.83 feet of Primrose Lane, save and except an
easem~t for a water line.
J. Authorize the Mayor to execute a residential developer's agreement for
Kimball Hills, a 19-1ot addition located on the west side of South Kimball
A v~ue, north of Crooked Lane.
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City of Southlake
City Councll meeting agenda
December 6, 2005
Page 3 of7
K. Authorize the Mayor to execute a partial commercial developer's
agreement for Shops of Southlake, a 29.3 acre development at the
southeast comer of East Southlake Boulevard and South Carroll Avenue.
L. Ordinance No. 480-231c, 1st Reading (ZA05-125), Zoning Change and
Site Plan for Medical Air Services on property located at 1250 West
Southlake Boulevard. Current Zoning: S-P-l Detailed Site Plan District.
Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood
# 13. (If approved at first reading, the public hearing will be held January
3, 2006.)
M. Ordinance No. 480-FFF, 1st Reading, an Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to
the creation of the Employment Center Zoning District, new Section 49.
(If approved at first reading, the public hearing will be held January 3,
2006.)
N. Resolution No. 05-062 (ZA05-123) Specific Use Permit to allow a kennel
- Dirty Dawgz Enterprises located at 2155 West Southlake Boulevard.
Current Zoning: C-3 General Commercial District. SPIN Neighborhood
#8. TmS ITEM IS REQUESTED TO BE TABLED UNTIL THE
JANUARY 3, 2006 CITY COUNCIL MEETING.
o. Resolution No. 05-071 (ZA05-131) Specific Use Permit to allow sales
from kiosks on property located in the Grand Avenue District of Southlake
Town Square; described as Lots 4 and 5, Block 13, Southlake Town
Square. Current Zoning: DT Downtown District. SPIN Neighborhood #8.
THIS ITEM IS REQUESTED TO BE TABLED UNTIL THE
JANUARY 17,2006 CITY COUNCIL MEETING.
P. Resolution No. 05-057, Authorize the City Manager to enter into an
agreement with Kenneth P. Home and Associates to establish a Section
529 College Investment Plan.
Q. Resolution No. 05-073, Authorize the City Manager to enter into an
agreement with Public Agency Retirement System (PARS) to establish a
Section 457 FICA Alternative Retirement Plan for part-time, seasonal and
temporary employees.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
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City of Southlake
City Couneil meeting agenda
Deeember 6, 2005
Page 4 of7
A. Ordinance No. 480-471, 2nd Reading (ZA05-108), Zoning Change and Site
Plan for Lots 2 and 3, Block A, Commerce Business Park; being
approximately 4.24 acres located at 275 through 325 Commerce Street.
Current Zoning: 1-1 Light Industrial District. Requested Zoning: S-P-l
Detailed Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING
B. Resolution No. 05-069 (ZA05-100) Specific Use Permit for a
telecommunications antenna on property located at 500 North Kimball
Avenue. Current Zoning: 1-1 PUD Light Industrial Planned Unit
Development District. SPIN Neighborhood #6. PUBLIC HEARING
C. ZA05-094, Site Plan for Lot 8, Players Circle Addition, located on the
south side of West Southlake Boulevard at the intersection of West
Southlake Boulevard and Meadowlark Lane. Current Zoning: C-3 General
Commercial District. SPIN Neighborhood #16. PUBLIC HEARING
D. ZA05-126, Site Plan for Lot 9, Players Circle Addition - Pavilion Two;
located at 1953 West Southlake Boulevard. Current Zoning: C-3 General
Commercial District. SPIN Neighborhood #16. PUBLIC HEARING
E. Ordinance No. 480-473, 2nd Reading (ZA05-121), Zoning Change for
proposed Villas Del Sol; being approximately 10.82 acres located at the
northwest comer of East Highland and Sunshine Lane. Current Zoning:
AG Agricultural District. Requested Zoning: SF-IA Single Family
Residential District. SPIN Neighborhood #5. PUBLIC HEARING
F. ZA05-122, Preliminary Plat for Villas Del Sol; being approximately 10.82
acres located at the northwest comer of East Highland and Sunshine Lane.
Current Zoning: AG Agricultural District. Proposed Zoning: SF-IA Single
Family Residential District. SPIN Neighborhood #5.
G. ZA05-098, Revised Concept Plan for CISD No. 4 Addition, Dawson
Middle School located at 400 South Kimball Avenue. Current Zoning: CS
Community Service District. SPIN Neighborhood #8. PUBLIC
HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-472, 1st Reading (ZA05-118), Zoning Change for
proposed Maranatha Estates; being approximately 4.7 acres located at
1710 Maranatha Way. Current Zoning: AG Agricultural District.
Requested Zoning: SF-IA Single Family Residential District. SPIN
Neighborhood #12. (If approved at first reading, the public hearing will
be held January 3, 2006.)
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City of Southlake
City CouneD meeting agenda
December 6, 2005
Page 5 of7
9. Resolutions:
A. Resolution No. 05-075, Authorize Notice of Intent to issue Certificates of
Obligation, Series 2006.
10. Other items for consideration:
A. Approve Town Square park plans and construction budgets for "Plaza"
and "State Street" parks and park plans for "Summit Park."
B. Consider SP05-306, Variance to Sign Ordinance No. 704-B for Gateway
Church located at 2121 East Southlake Boulevard.
C. Consider SP05-298, Variance to Sign Ordinance No. 704-B for Citibank
located at 535 East SouthlakeBoulevard.
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 2, 2005, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
,.,...........
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hw-' o.~ /~~\
Lori A. Farwell, TRMC ~ ~: * :~ E
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City Secretary ~ (.) \ 1 rn i
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If you plan to attend this public meeting ana'lrilxe ff.fliflabURY that requires special needs, please
advise the City Secretary's Office 48 hours "IIl'ttHWlJ~ce at 817-748-8016 and reasonable
accommodations will be made to assist you.
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City of Soutblake
City Couneil meeting agenda
Deeember 6, 2005
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 of Southlake vs. Timarron et.al. May 2001.
2. Steve L. Perry and Aline Perry vs. City of Southlake. November 2003.
3. R.E. and Marilyn Smith vs. CityofSouthlake. 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 ofSouthlake. July 2004.
5. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City
ofSouthlake. March 2005.
6. James Merriman vs. City ofSouthlake. October 2005.
Section 551.072: DeUberation ree:ardin2 real property
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: DeUberation re2ardin2 prospective 2ift 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: DeUberation re2ardin2 personnel matters
The City Council may deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of public officers, including the City
Manager, City Secretary, City Attorney, Municipal Judge and city boards and
commission members. A complete list of the city boards and commissions is on file in the
City Secretary's Office.
Section 551.076: DeUberation re2ardin2 security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
Section 551.087: DeUberation 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 Southlake
City Council meeting agenda
December 6, 2005
Page 70f7
Section 418.183(0: Texas Disaster Act
The City Council may deliberate information: I) 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 418.106ldl & (el: Local meetinl!s to discuss ememencv manal!ement plans
rel!ardinl! pipeline safety
The City Council may discuss emergency management plans involving pipeline safety
and/or security of pipeline infrastructures or facilities when those plans or discussions
contain such sensitive information.
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 6, 2005
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Keith Shankland,
Deputy Mayor Pro Tem Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones,
Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, Office Manager/Public Information Officer Kim
Bush, Manager of Technical Services Gary Gregg, Audio Visual System Technician Pam Jordan,
Library Administrator Kerry McGeath, Director of Community Services Steve Polasek, Director
of Economic Development Greg Last, Director of Finance Sharen Jackson, Manager of Court
and Utility Billing Sean Leonard, Director of Human Resources Kevin Hugman, Director of
Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Safety Rick Smith,
Chief of Police Services Wade Goolsby, Interim Director of Public Works Charlie Thomas,
Construction Manager Clayton Redinger, City Attorney Betsy Elam, and City Secretary Lori
Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:40 p.m.
City Council reviewed the agenda items with city staff and applicants. The following items were
added to the consent agenda: 7A to table to the January 3, 2006, City Council meeting; 9A; 10A;
10B; and 10C. The work session ended at 6:42 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:42 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced 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
551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding
economic development negotiations. City Council adjourned for Executive Session at 6:42 p.m.
Executive Session began at 6:58 p.m. and ended at 7:40 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:56
p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session.
Motion was made to authorize a letter of commitment stating that if the developer elects to
purchase the property and proceed with development, the City will not require the developer to
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005
Page 1 of 10
bear the cost of burying utilities or enclosing existing drainage ways on the property, except for
those specific drainage facilities and improvements shown on the proposed site plan, specifically,
a covered drainage channel underneath the driveway access to the property from the street.
Motion: Terrell
Second: Shankland
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 3. Invocation. The invocation was given by David Whitington from Christ Our
King Church. Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and
events.
Agenda Item No. 4B. City Manager's Report. City Manager Yelverton announced the City of
Southlake has once again received a Certificate of Achievement for Excellence in Financial
Reporting. She thanked Director Jackson and the Finance Department for their excellent work.
Agenda Item No. 4C. Local Business Report. Director Last introduced Joe Brancaccio, manager
of Michael Anthony's Restaurant, who presented information on his new business 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 November 15, 2005, regular City Council
meeting. Approved as presented.
Agenda Item No. 5B. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings. Mayor Pro Tem Shankland was absent from
the November 15, 2005 City Council meeting. Commissioners Vernon Stansell and Robert
Hudson were absent from the November 17, 2005 Planning and Zoning Commission meeting.
Agenda Item No. 5C. Consider canceling the December 20, 2005 regular City Council meeting.
Council agreed to cancel the December 20, 2005 meeting.
Agenda Item No. 5D. Resolution No. 05 -066, Appoint a member to the Library Board. Council
agreed to appoint Barbara Jeppe to the Library Board. 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 A MEMBER TO SERVE ON THE LIBRARY
BOARD AND PROVIDING AN EFFECTIVE DATE.
A•enda Item No. 5E. Resolution No. 05 -067 A. .oint members to the Public Art Adviso
Committee. Council agreed to appoint all existing members (Terri Messing, Susan Bruning,
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005
Page 2of10
Jeane Alexander, Michael Wilson, and Phillip Kravetz) and Mayor Pro Tem Shankland and
Deputy Mayor Pro Tem Morris. Mayor Wambsganss asked staff to revise the ordinance creating
the Public Art Advisory Committee to allow the appointment of more members. 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,
APPOINTING MEMBERS TO THE PUBLIC ART ADVISORY COMMITTEE; AND
PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 5F. Resolution No. 05 -074, Appoint members to the Log Cabin Committee.
Council agreed to appoint Carlie Stephenson, F.C. LeVrier, Craig Rothmeier, Dr. Ray
Chancellor, Jason Kasai, Greg Standerfer, C.D. Peebles, and from the Southlake Historical
Society, Lou Ann Heath and Connie Cooley. Councilmembers Muzyka and Hill were also
appointed to the committee and will serve as chairs. The Parks and Recreation Board will also
appoint two representatives at a future meeting. 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,
APPOINTING MEMBERS TO THE LOG CABIN COMMIT 1EE: AND PROVIDING AN
EFFECTIVE DATE.
Agenda Item No. 5G. Approve matching funds request from Boo -Boo's Buddies in the amount
of $8,500 for Dog Park improvements. Director Polasek presented this item to Council during
the work session.
Agenda Item No. 5H. Approve Change Order No. 3 in the amount of $46,159.50 with Reynolds
Asphalt for trail construction on Continental Boulevard. No presentation was made on this item.
Agenda Item No. 5I. Resolution No. 05 -072, abandoning and quit claiming an ingress /egress
easement in a portion of the A.H. Chivers Survey, Abstract No. 299, being the most westerly
718.83 feet of Primrose Lane, save and except an easement for a water line. No presentation was
made on this item. In accordance with Section 4.21 of the City Charter, the caption for this term
is listed as follows:
A RESOLUTION VACATING AND ABANDONING INGRESS/EGRESS EASEMENT IN A
PORTION OF A.H. CHIVERS SURVEY #299, IN THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE
BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO
EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR
CONTROL OF SAID INGRESS/EGRESS EASEMENT AND PROVIDING AN EFFECTIVE
DATE.
Agenda Item No. 5J. Authorize the Mayor to execute a residential developer's agreement for
Kimball Hills, a 19 -lot addition located on the west side of South Kimball Avenue, north of
Crooked Lane. No presentation was made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005
Page 3 of 10
Agenda Item No. 5K. Authorize the Mayor to execute a partial commercial developer's
agreement for Shops of Southlake, a 29.3 acre development at the southeast corner of East
Southlake Boulevard and South Carroll Avenue. Interim Director Thomas answered Council's
questions during the work session.
Agenda Item No. 5L. Ordinance No. 480 -231c, 1 Reading (ZA05 -125), Zoning Change and Site
Plan for Medical Air Services on property located at 1250 West Southlake Boulevard. Current
Zoning: S -P -1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District.
SPIN Neighborhood #13. Chief Planner Killough presented this item to Council during the work
session.
Agenda Item No. 5M. Ordinance No. 480 -FFF, 1 Reading, an Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the
Employment Center Zoning District, new Section 49. Director Baker presented this item to
Council during the work session.
Agenda Item No. 5N. Resolution No. 05 -062 (ZA05 -123) Specific Use Permit to allow a kennel
— Dirty Dawgz Enterprises located at 2155 West Southlake Boulevard. Current Zoning: C -3
General Commercial District. SPIN Neighborhood #8. This item is requested to be tabled until
the January 3, 2006 City Council meeting.
Agenda Item No. 50. Resolution No. 05 -071 (ZA05 -131) Specific Use Permit to allow sales
from kiosks on property located in the Grand Avenue District of Southlake Town Square;
described as Lots 4 and 5, Block 13, Southlake Town Square. Current Zoning: DT Downtown
District. SPIN Neighborhood #8. This item is requested to be tabled until the January 17, 2006
City Council meeting.
Agenda Item No. 5P. Resolution No. 05 -057, Authorize the City Manager to enter into an
agreement with Kenneth P. Horne and Associates to establish a Section 529 College Investment
Plan. No presentation was made on this item. 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,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
KENNETH P. HORNE & ASSOCIATES TO ESTABLISH A SECTION 529 COLLEGE
SAVINGS PLAN.
Agenda Item No. 50. Resolution No. 05 -073, Authorize the City Manager to enter into an
agreement with Public Agency Retirement System (PARS) to establish a Section 457 FICA
Alternative Retirement Plan for part-time, seasonal and temporary employees. No presentation
was made on this item. 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 A SECTION 457 FICA ALTERNATIVE RETIREMENT PLAN.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005
Page 4of10
Agenda Item No. 7A. Ordinance No. 480 -471, 2'" Reading (ZA05 -108), Zoning Change and Site
Plan for Lots 2 and 3, Block A, Commerce Business Park; being approximately 4.24 acres
located at 275 through 325 Commerce Street. Current Zoning: I -1 Light Industrial District.
Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #7. This item is
requested to be tabled until the January 3, 2006 City Council meeting.
Agenda Item No. 9A. Resolution No. 05 -075, Authorize Notice of Intent to issue Certificates of
Obligation, Series 2006. Director Jackson presented this item to 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 APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR STREET AND
DRAINAGE IMPROVEMENTS.
Agenda Item No. 10A. Approve Town Square park plans and construction budgets for "Plaza"
and "State Street" parks and park plans for "Summit Park." Director Polasek presented this item
to Council during the work session. Brian Stebbins of Cooper & Stebbins answered Council's
questions.
Agenda Item No. 10B. Consider SP05 -306, Variance to Sign Ordinance No. 704 -B for Gateway
Church located at 2121 East Southlake Boulevard. Chief Planner Killough presented this item to
Council during the work session. Applicant Yuri Starr, Pastor at Gateway Church, 2121 East
Southlake Boulevard, Southlake, Texas, answered Council's questions. Pastor Starr agreed to
limit his sign to 24' X 8' from January 1 through 18.
Agenda Item No. 10C. Consider SP05 -298, Variance to Sign Ordinance No. 704 -B for Citibank
located at 535 East Southlake Boulevard. Chief Planner Killough presented this item to Council
during the work session. Applicant Joe Chapman of Chandler Signs answered Council's
questions. Mr. Chapman agreed to a maximum of 26 inch letters on the front of the building and
18 inch letters on the side.
Motion was made to approve consent agenda items 5A; 5B to excuse the absences of Mayor Pro
Tem Shankland from the November 15, 2005 City Council meeting and Commissioners Vernon
Stansell and Robert Hudson from the November 17, 2005 Planning and Zoning Commission
meeting; 5C to cancel the December 20, 2005 City Council meeting; 5D to appoint Barbara
Jeppe to the Library Board; 5E to appoint Terri Messing, Susan Bruning, Jeane Alexander,
Michael Wilson, Phillip Kravetz, Mayor Pro Tem Shankland, and Deputy Mayor Pro Tem
Morris to the Public Art Advisory Committee; 5F to appoint Carlie Stephenson, F.C. LeVrier,
Craig Rothmeier, Dr. Ray Chancellor, Jason Kasal, Greg Standerfer, C.D. Peebles, Southlake
Historical Society members Lou Ann Heath and Connie Cooley, and Councilmembers Muzyka
and Hill to the Log Cabin Committee; 5G; 5H; 51; 5J; 5K with the following clarifications to the
partial developer's agreement and subject to final approval by the city attorney: 1) statement that
the ordinance requires a signed developer's agreement prior to the issuance of a building permit,
2) all required terms of the developer's agreement have not been fully negotiated and agreed
upon, 3) to accommodate the developer, the city will agree to a partial developer's agreement
addressing only initial requirements, and 4) clearly state what construction will be permitted
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005
Page 5 of 10
prior to execution of complete developer's agreement, and prohibit anything further until the
complete agreement has been finalized; 5L; 5M; 5N to table to the January 3, 2006, City Council
meeting; 50 to table to the January 17, 2006 City Council meeting; 5P; 5Q; 7A to table to the
January 3, 2006 City Council meeting; 9A; 10A to include sidewalks on the west side of Summit
Park up to the driveway entrance and to exclude consideration of the trees along SH114 at this
time and bringing that portion back to City Council on January 3, 2006; 10B to approve a 24' X
8' banner for a time period not to exceed 19 days; and 10C to allow a maximum of 26 -inch
letters on the F.M. 1709 side and 18 -inch letters on the Byron Nelson Parkway side.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
REGULAR AGENDA:
Agenda Item No. 6. Public Forum. No one spoke during Public Forum.
Agenda Item No. 7B. Resolution No. 05 -069 (ZA05 -100) Specific Use Permit for a
telecommunications antenna on property located at 500 North Kimball Avenue. Current Zoning:
I -1 PUD Light Industrial Planned Unit Development District. SPIN Neighborhood #6. Chief
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:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR TELECOMMUNICATIONS TOWERS,
ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF TRACT
3A1A, SITUATED IN THE T. MAHAN SURVEY, ABSTRACT NO. 1049, MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 05 -069 (ZA05 -100) Specific Use Permit for a
telecommunications antenna on property located at 500 North Kimball Avenue subject to the
recommendations of the Planning and Zoning Commission and Site Plan Review Summary No.
1, dated October 28, 2005, and subject to the changes presented to Council.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005
Page 6 of 10
Agenda Item No. 7C. ZA05 -094, Site Plan for Lot 8, Players Circle Addition, located on the
south side of West Southlake Boulevard at the intersection of West Southlake Boulevard and
Meadowlark Lane. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #16.
Chief Planner Killough presented this item to Council. Applicant F.C. LeVrier of Suncoast
Architects, 1725 East Southlake Boulevard, Southlake, Texas, answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA05 -094, Site Plan for Lot 8, Players Circle Addition, subject to
the recommendations of the Planning and Zoning Commission specifically granting the variance
on the pitched roof and subject to Site Plan Review Summary No. 3, dated November 17, 2005.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 7D. ZA05 -126, Site Plan for Lot 9, Players Circle Addition — Pavilion Two;
located at 1953 West Southlake Boulevard. Current Zoning: C -3 General Commercial District.
SPIN Neighborhood #16. Chief Planner Killough presented this item to Council. Architect F.C.
LeVrier of Suncoast Architects, 1725 East Southlake Boulevard, Southlake, Texas, answered
Council's questions. Applicant Philip Bressink, 200 Swallow Drive, Southlake, Texas, discussed
the landscaping with Council. Council continued their discussion regarding the landscaping.
No one spoke during the public hearing.
Motion was made to approve ZA05 -126, Site Plan for Lot 9, Players Circle Addition — Pavilion
Two subject to the recommendations of the Planning and Zoning Commission, subject to Site
Plan Review Summary No. 3, dated November 7, 2005; and further making the approval subject
to a later approval of the landscape plan prior to issuance of certificate of occupancy.
Motion: Terrell
Second: Shankland
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Mayor Wambsganss called for a break at 9:11 p.m.
Mayor Wambsganss reconvened the meeting at 9:26 p.m.
Agenda Item No. 7E. Ordinance No. 480 -473, 2 Reading (ZA05 -121), Zoning Change for
proposed Villas Del Sol; being approximately 10.82 acres located at the northwest corner of East
Highland and Sunshine Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-
lA Single Family Residential District. SPIN Neighborhood #5. Chief Planner Killough presented
this item to Council in conjunction with item 7F. Applicant Wally Creel, Holligan Land
Development, 15950 North Dallas Parkway, Dallas, Texas, made a presentation to Council.
Engineer Rob Adams from Adams Engineering, 500 Nolan Drive, Southlake, Texas answered
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005
Page 7 of 10
Council's questions. 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 TRACT
3A1A1, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511, BEING
APPROXIMATELY 10.82 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" SINGLE FAMILY
RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED
IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES
AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
Council discussed this item.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480 -473, 2 Reading (ZA05 -121), Zoning Change
for proposed Villas Del Sol subject to the recommendations of the Planning and Zoning
Commission; requiring the builder of each lot to provide four trees per lot with two trees in front
and two trees in back of a minimum of four -inch caliper; masonry columns on perimeter fencing
to be a maximum of 30 feet apart; HOA maintenance of detention areas; will limit exterior
fencing to wrought iron and allowing no wood fencing within the development; and requiring 20
trees along Sunshine Lane and 12 trees along Highland Avenue to be a minimum of three -inch
caliper.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 7F. ZA05 -122, Preliminary Plat for Villas Del Sol; being approximately 10.82
acres located at the northwest corner of East Highland and Sunshine Lane. Current Zoning: AG
Agricultural District. Proposed Zoning: SF -1A Single Family Residential District. SPIN
Neighborhood #5. Chief Planner Killough presented this item to Council in conjunction with
item 7E.
Motion was made to approve ZA05 -122, Preliminary Plat for Villas Del Sol subject to Plat
Review Summary No. 2, dated October 28, 2005.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005
Page 8 of 10
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 7G. ZA05 -098, Revised Concept Plan for CISD No. 4 Addition, Dawson
Middle School located at 400 South Kimball Avenue. Current Zoning: CS Community Service
District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council.
Applicants Harry Ingalls and David Allison from Carroll Independent School District made a
brief presentation to Council.
No one spoke during the public hearing.
Motion was made to approve ZA05 -098, Revised Concept Plan for CISD No. 4 Addition,
Dawson Middle School subject to Concept Plan Review Summary No. 1, dated November 11,
2005.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 8A. Ordinance No. 480 -472, 1 Reading (ZA05 -118), Zoning Change for
proposed Maranatha Estates; being approximately 4.7 acres located at 1710 Maranatha Way.
Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential
District. SPIN Neighborhood #12. Chief Planner Killough presented this item to Council.
Applicant Paul Spain, 395 West Northwest Parkway, Suite 300, Southlake, Texas, made a
presentation and answered Council's questions.
Motion was made to approve Ordinance No. 480 -472, 1 Reading (ZA05 -118), Zoning Change
for proposed Maranatha Estates accepting applicant's willingness to repair any damage to
Maranatha Way due to construction and will prohibit wood fencing and specifically granting the
variance requested to leave Maranatha Way as a private street.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Mayor Wambsganss announced 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 551.074, deliberation regarding personnel matters;
and Section 551.087, deliberation regarding economic development negotiations. City Council
adjourned for Executive Session at 10:27 p.m. Executive Session began at 10:34 p.m. and ended
at 11:05 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005
Page 9 of 10
Mayor Wambsganss reconvened the regular meeting at 11:05 p.m.
Motion was made to authorize the Mayor to execute a contract with the City Manager allowing
for a 3% increase in salary to $139,050.00 plus the additional benefits as discussed in executive
session to be effective January 1, 2006.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Motion was made to authorize the Mayor to execute a contract with the City Secretary allowing
for a 3% increase in salary to $74,226.95 as discussed in executive session to be effective
January 1, 2006.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 11:06
p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Andy Wam s sganss
Mayor
ATTEST:
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Lori A. Farwell, TRMC '
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City Secretary 4 " m
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REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005
Page 10 of 10