2006-02-07 Regular CC Meeting
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: FEBRUARY 7, 2006
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 immediately following the work session
1. Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas
Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076,
551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto
and incorporated herein. Executive Session may be held, under these
exceptions, at the end of the Regular Session or at any time during the
meeting that a need arises for the City Council to seek advice from the City
Attorney as to the posted subject matter of this City Council meeting.
1. Section 551.071: Consultation with city attorney
a. R.E. and Marilyn Smith vs. City of Southlake.
b. Steve L. Perry and Aline Perry vs. City of Southlake.
2. Section 551.072: Deliberation regarding real property
a. Discuss the value of city-owned real property at the northeast
corner of Pearson Lane and F.M. 1709.
3. Section 551087• Deliberation regarding economic development
negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Margy Gore, Good Shepherd Catholic Church
4. REPORTS:
A. Mayor's Report
1. Proclamation to the Carroll Senior High School football team
2. Presentation from Verizon
B. City Manager's Report
City of Southlake
City Council meeting agenda
February 7, 2006
Page 2 of 7
C. School Board Reports
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 January 17, 2006, regular City Council meeting.
B. Consider excusing members of the City Council for absences from meetings.
C. Authorize the City Manager to enter into a professional services agreement with
Webb Watch for control assessment services.
D. Authorize the City Manager to enter into a professional services agreement with
Matrix Consulting Group to conduct a management study of the Department of
Community Services.
E. Appoint Robert H. Price, P.E., as Director of the Department of Public Works.
F. Resolution No. 06-010, Approve State Transportation Enhancement Program
(STEP) call for projects.
G. Approve a Commercial Developers Agreement for St. John's Missionary Baptist
Church, a 10.49-acre tract located on the southwest corner of South Kimball
Avenue and Crooked Lane.
H. Consider award of bid to North Texas Contracting, Inc., for the State Highway
114 at Dove Road water line reconstruction and Continental Boulevard water line
reconstruction.
1. Consider award of bid to TruGreen LandCare for State and City right-of-way
mowing.
J. Approve donation of art work from Dr. Ray Chancellor.
K. Resolution No. 06-009, Approve Settlement Agreement with TXU.
L. Ordinance No. 480-477, 1" Reading, (ZA05-149) Zoning Change for 680 East
Dove Road, being legally described as Tract 2BOlA, J.L. Chivers Survey,
Abstract No. 348. Current Zoning: AG Agricultural District. Requested Zoning:
City of Southlake
City Council meeting agenda
February 7, 2006
Page 3 of 7
SF-1A Single Family Residential District. SPIN Neighborhood #3. (If approved at
first reading, the public hearing will be held on February 21, 2006.)
M. ZA05-145, Revised Site Plan for Southlake Corners - McAlister's Deli located at
100 North Kimball Avenue, at the northwest corner of East Southlake Boulevard
and North Kimball Avenue. Current Zoning: C-3 General Commercial District.
SPIN Neighborhood #8. THIS ITEM HAS BEEN WITHDRAWN BY THE
APPLICANT.
N. Ordinance No. 585-C, 2„ d Reading, Tree Preservation Ordinance and Technical
Manual. THIS ITEM IS TABLED TO THE MARCH 7, 2006, CITY
COUNCIL MEETING.
0. ZA05-156, Site Plan for the Shops of Southlake - Building A3, located at the
southeast corner of East Southlake Boulevard and South Carroll Avenue. Current
Zoning: SP-2 Generalized Site Plan District. SPIN Neighborhood #8. PUBLIC
HEARING (Note: A variance to the maximum height of the acoustic wall located
near the southern property boundary may be considered in conjunction with this
site plan.) THIS ITEM HAS BEEN REQUESTED TO BE TABLED BY THE
APPLICANT TO THE FEBRUARY 21, 2006, CITY COUNCIL MEETING.
P. Consider Variance to the Noise Ordinance No. 778 as it pertains to certain
commercial operations of the proposed retail center known as the Shops of
Southlake located at the southeast corner of East Southlake Boulevard and South
Carroll Avenue. THIS ITEM IS TABLED TO THE FEBRUARY 21, 2006,
CITY COUNCIL MEETING.
Q. Award of bid to Structures and Interiors, Inc., for renovation of existing office
space at Southlake Town Hall, 1400 Main Street.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-474, 2nd Reading, (ZA05-091) Zoning Change and Concept
Plan for Stonebridge Park Phase II, being approximately 12.27 acres located at
2502 West Southlake Boulevard. Current Zoning: AG Agricultural District.
Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15.
PUBLIC HEARING
B. ZA05-153, Site Plan for Vermilion Court Garden Offices located at 2900 West
Southlake Boulevard. Current Zoning: 0-1 Office District. SPIN Neighborhood
#15. PUBLIC HEARING
City of Southlake
City Council meeting agenda
February 7, 2006
Page 4 of 7
C. Resolution No. 06-008 (ZA05-159) Specific Use Permit renewing the worship
facility use for St. John's Missionary Baptist Church located at 2805 Market
Loop, Suite 300. Current Zoning: I-1 Light Industrial District. SPIN
Neighborhood #7. PUBLIC HEARING
D. Resolution No. 05-071 (ZA05-131) Specific Use Permit to allow sales from
kiosks on property located in the Grand Avenue District, Southlake Town Square;
described as Lots 4 and 5, Block 13, Southlake Town Square. Current Zoning: DT
Downtown District. SPIN Neighborhood #8. PUBLIC HEARING
E. ZA06-004, Plat Revision for proposed Blocks 3R2, 4R1, 12-14, 17 and 18,
Southlake Town Square; being a revision of Lot 3, Block 4R and Lot 2, Block
3R1, Southlake Town Square, Phase I and being portion of land in the Richard
Eads Survey, Abstract No. 481. The property is bounded by State Highway 114
on the north side and Southlake Town Square, Phase One, on the south side.
Current Zoning: DT Downtown District. SPIN Neighborhood #8.
F. Consider SP06-055, Variance to Sign Ordinance No. 704-B for Southlake Town
Square.
G. Consider SP06-056, Variance to Sign Ordinance No. 704-B for Southlake Town
Square, located at the northeast corner of East Southlake Boulevard and North
Carroll Avenue.
H. Consider landscape plan for Southlake Town Square Grand Avenue District, State
Highway 114 frontage.
1. Consider amending the Brownstones at Town Square, Phase I, Commercial
Developer Agreement.
8. Ordinances, first readings, and related items:
A. Ordinance No. 512-A, 1St Reading, Amending Ordinance No. 512 which levied
assessments for part of the cost of sanitary sewer improvements in Continental
Park Estates in the City of Southlake, Texas. (If approved at first reading, the
public hearing will be held on February 21, 2006)
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration:
A. Consider SP06-081, Conditional Sign Permit per Ordinance No. 704-B for Shops
of Southlake, located at the southeast corner of East Southlake Boulevard and
South Carroll Avenue.
City of Southlake
City Council meeting agenda
February 7, 2006
Page 5 of 7
B. Consider final design and cost for the public park proposed within the Shops of
Southlake development.
C. Resolution No. 06-003, Approving the terms and conditions of a program to
promote economic development and stimulate business and commercial activity
in the City and approving the form of certain declarations and restrictive
covenants affecting property the City anticipates accepting as a public park;
authorizing the Mayor to execute an agreement with Carroll/1709, LTD., a Texas
limited partnership, by Carroll/1709 One, L.C. a Texas limited liability company,
its General Partner, for such purposes; and providing an effective date.
D. Consider executing a Revised 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.
E. Consider SP05-329, Variance to Sign Ordinance No. 704-B for Aventerra, located
at 500 West State Highway 114 and 100 East State Highway 114.
F. Consider SP05-384, Variance to Sign Ordinance No. 704-B for Shoe Pavilion,
located at 2727 East Southlake Boulevard.
G. Consider SP06-037, Variance to Sign Ordinance No. 704-B for Capital One,
located at 1110 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, February 3, 2006, by 6:00 p.m., pursuant to the
Texas Government Code, Chapter 551.
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Lori A. Farwell, TRMC
City Secretary
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If you plan to attend this public meeting arithba* t1dr1d $ility that requires special needs, please
advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable
accommodations will be made to assist you.
City of Southlake
City Council meeting agenda
February 7, 2006
Page 6 of 7
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. City of Southlake. 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
Southlake. March 2005.
Section 551.072: Deliberation regarding real Property
The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or
value of real property.
Section 551.073: Deliberation regarding prospective gift 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 regarding personnel matters
The City Council may deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of public officers, including the City Manager, City Secretary, City
Attorney, Municipal Judge and city boards and commission members. A complete list of the city
boards and commissions is on file in the City Secretary's Office.
Section 551.076: Deliberation regarding security devices
The City Council may deliberate the deployment, or specific occasions for implementation of
security personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations
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.
City of Southlake
City Council meeting agenda
February 7, 2006
Page 7 of 7
Section 418.183(f): 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 meetings to discuss emergency management plans
regarding 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
OffICIAL RECORD
REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 7. 2006
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Deputy Mayor Pro Tern Carolyn
Morris; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John
Terrell.
CITY COUNCIL ABSENT: Mayor Pro Tern Keith Shankland.
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, Information Systems Technician Sam Cobb,
Director of Community Services Steve Polasek, Director of Economic Development Greg Last,
Director of Finance Sharen Jackson, 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,
Public Works Operations Manager Chuck Kendrick, Construction Manager Clayton Redinger,
City Attorney E. Allen Taylor, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:35 p.m.
City Council reviewed the agenda items with city staff and applicants. Item 8A was added to the
consent agenda. The work session ended at 6:00 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular seSSIOn was called to order by Mayor
Wambsganss at 6:00 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; and
Section 551.087, deliberation regarding economic development negotiations. City Council
adjourned for Executive Session at 6:00 p.m. Executive Session began at 6:18 p.m. and ended at
6:58 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:07
p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session.
Motion was made to authorize the Mayor to settle in the matter of R.E. and Marilyn Smith vs.
City of Southlake as discussed in executive session.
Motion: Jones
Second: Terrell
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006
Page 1 of 12
Ayes:
Nays:
Approved:
Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
None
6-0
Agenda Item No.3. Invocation. The invocation was given by Margy Gore from Good Shepherd
Catholic Church. Mayor Wambsganss led the audience in the pledge of allegiance.
Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and
events.
Agenda Item No. 4A1. Proclamation to the Carroll Senior High School football team. Mayor
Wambsganss presented a proclamation for Carroll Dragon Day to Coach Todd Dodge and team
members in recognition of their perfect season and their recent win of the Class 5A Division II
State Championship game.
Agenda Item No. 4A2. Presentation from Verizon. Barbara Walker with Verizon presented the
City of Southlake and the City Council with an award recognizing the City of Southlake as one
of their first customers to receive fiber optic cable.
Agenda Item No. 4B. City Manager's Report. No report was given.
Agenda Item No. 4C. School Board Reports. Dr. David Faltys, Superintendent of Carroll
Independent School District, introduced himself and gave a report 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 January 17, 2006, regular City Council
meeting. A presentation was not made on this item.
Agenda Item No. 5B. Consider excusing members of the City Council for absences from
meetings. Mayor Pro Tern Shankland was absent from the January 17, 2006 City Council
meeting.
Agenda Item No. 5C. Authorize the City Manager to enter into a professional services agreement
with Webb Watch for control assessment services. A presentation was not made on this item.
Agenda Item No. 5D. Authorize the City Manager to enter into a professional services agreement
with Matrix Consulting Group to conduct a management study of the Department of Community
Services. A presentation was not made on this item.
Agenda Item No. 5E. Appoint Robert H. Price, P.E., as Director of the Department of Public
Works. City Manager Yelverton introduced and welcomed Bob Price to Council during the work
seSSIOn.
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006
Page 2 of 12
Agenda Item No. 5F. Resolution No. 06-010. Approve State Transportation Enhancement
Program (STEP) call for proiects. A presentation was not made on this item.
Agenda Item No. 5G. Approve a Commercial Developers Agreement for St. John's Missionary
Baptist Church. a 10.49-acre tract located on the southwest comer of South Kimball Avenue and
Crooked Lane. A presentation was not made on this item.
Agenda Item No. 5H. Consider award of bid to North Texas Contracting. Inc.. for the State
Highway 114 at Dove Road water line reconstruction and Continental Boulevard water line
reconstruction. A presentation was not made on this item.
Agenda Item No. 51. Consider award of bid to TruGreen LandCare for State and City right-of-
way mowing. A presentation was not made on this item.
Agenda Item No. 5J. Approve donation of art work from Dr. Ray Chancellor. A presentation was
not made on this item. The Mayor introduced Dr. Chancellor and thanked him for the art work.
Agenda Item No. 5K. Resolution No. 06-009. Approve Settlement Agreement with TXU. A
presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
RESOLUTION ACCEPTING SETTLEMENT WITH TXU ELECTRIC DELIVERY.
Agenda Item No. 5L. Ordinance No. 480-477. 1 st Reading. (ZA05-149) Zoning Change for 680
East Dove Road. being legally described as Tract 2B01A. J.L. Chivers Survey. Abstract No. 348.
Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential
District. SPIN Neighborhood #3. A presentation was not made on this item.
Agenda Item No. 5M. ZA05-145. Revised Site Plan for Southlake Comers - McAlister's Deli
located at 100 North Kimball Avenue. at the northwest comer of East Southlake Boulevard and
North Kimball Avenue. Current Zoning: C-3 General Commercial District. SPIN Neighborhood
#8. This item was withdrawn by the applicant.
Agenda Item No. 5N. Ordinance No. 585-C. 2nd Reading. Tree Preservation Ordinance and
Technical Manual. This item was tabled to the March 7, 2006, City Council meeting.
Agenda Item No. 50. ZA05-156. Site Plan for the Shops of Southlake - Building A3. located at
the southeast comer of East Southlake Boulevard and South Carroll Avenue. Current Zoning:
SP-2 Generalized Site Plan District. SPIN Neighborhood #8. (Note: A variance to the maximum
height of the acoustic wall located near the southern property boundary may be considered in
coni unction with this site plan.) The applicant requested to table this item to the February 21,
2006, City Council meeting.
Agenda Item No. 5P. Consider Variance to the Noise Ordinance No. 778 as it pertains to certain
commercial operations of the proposed retail center known as the Shops of Southlake located at
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006
Page 3 of 12
the southeast comer of East Southlake Boulevard and South Carroll Avenue. This item is tabled
to the February 21,2006, City Council meeting.
Agenda Item No. 50. Award of bid to Structures and Interiors, Inc., for renovation of existing
office space at Southlake Town Hall, 1400 Main Street. Director Baker presented this item to
Council during the work session.
Agenda Item No. 8A. Ordinance No. 512-A, 1st Reading, Amending Ordinance No. 512 which
levied assessments for part of the cost of sanitary sewer improvements in Continental Park
Estates in the City of Southlake, Texas. Director Jackson presented this item to Council during
the work session.
Motion was made to approve consent agenda items 5A; 5B; 5C; 5D; 5E; 5F; 5G; 5H; 51; 5J; 5K;
5L; 5M to withdraw; 5N to table to the March 7, 2006, City Council meeting; 50 to table to the
February 21, 2006, City Council meeting; 5P to table to the February 21, 2006, City Council
meeting; 5Q; and 8A.
Motion: Morris
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke during Public Forum.
Agenda Item No. 7 A. Ordinance No. 480-474, 2nd Reading, (ZA05-091) Zoning Change and
Concept Plan for Stonebridge Park Phase II. being approximately 12.27 acres located at 2502
West Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-2
Generalized Site Plan District. SPIN Neighborhood #15. Chief Planner Killough presented this
item to Council. Applicant Rian McGuire with Realty Capital Corporation made a presentation
to Council and answered their questions. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALL Y DESCRIBED AS
TRACTS 2E, 2F, 2FI, & 2F2, SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT
NO. 18, BEING APPROXIMATELY 12.27 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT
TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-2" LOCAL-RETAIL
COMMERCIAL DISTRICT USES AND "0-1" OFFICE DISTRICT USES, AS DEPICTED
ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED
IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
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Page 4 of 12
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.
Paul Tennus, 119 Jellico Circle, Southlake, Texas, spoke in favor ofthis item.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480-474, 2nd Reading, (ZA05-09I) Zoning Change
and Concept Plan for Stonebridge Park, Phase II, subject to Concept Plan Review Summary No.
5, dated February 1, 2006; subject to Council's approval at first reading; and requiring the
applicant to bring renderings of the wall and the screening along the parking lots with the site
plan.
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Muzyka
Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
None
6-0
Agenda Item No. 7B. ZA05-I53. Site Plan for Vermilion Court Garden Offices located at 2900
West Southlake Boulevard. Current Zoning: 0-1 Office District. SPIN Neighborhood #15. Chief
Planner Killough presented this item to Council. Applicant Will Edgington of Cadence Custom
Homes, 502 North Carroll Avenue, Southlake, Texas, made a presentation and answered
Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA05-I53, Site Plan for Vermilion Court Garden Offices subject to
Site Plan Review Summary No.2, dated January 13, 2006; subject to the recommendations of
the Planning and Zoning Commission; and subject to the applicant's agreement to continue the
shrubbery in front of the five parking spaces located at the southeast comer of the site.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7C. Resolution No. 06-008 (ZA05-I59) Specific Use Permit renewing the
worship facility use for St. John's Missionary Baptist Church located at 2805 Market Loop. Suite
300. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. Chief Planner
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Page 5 of 12
Killough presented this item to Council. The applicant was present but did not speak. In
accordance with Section 4.21 ofthe City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR CHURCHES, SYNAGOGUES, TEMPLES
AND OTHER SIMILAR FACILITIES FOR WORSHIP, FELLOWSHIP AND EDUCATION
ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY
DESCRIBED AS LOT 1, BLOCK C, COMMERCE BUSINESS PARK, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
"B" AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 06-008 (ZA05-159) Specific Use Permit renewing
the worship facility use for S1. John's Missionary Baptist Church subject to the recommendations
of the Planning and Zoning Commission and subject to Concept Plan Review Summary No.1,
dated January 13, 2006.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7D. Resolution No. 05-071 (ZA05-130 Specific Use Permit to allow sales
from kiosks on property located in the Grand Avenue District. Southlake Town Square;
described as Lots 4 and 5. Block 13. Southlake Town Square. Current Zoning: DT Downtown
District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council.
Applicants Brian Stebbins and Frank Bliss of Cooper and Stebbins made a presentation and
answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption
for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR THE SALES FROM KIOSKS ON PROPERTY
WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A
PORTION OF LOT 2, BLOCK 3R1 AND LOT 3, BLOCK 4R, SOUTHLAKE TOWN
SQUARE, PHASE I AND ON A PORTION OF TRACTS 2A5 AND 3, SITUATED IN THE
RICHARD EADS SURVEY, ABSTRACT NO. 481, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN
A TT ACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND
PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006
Page 6 of 12
Motion was made to approve Resolution No. 05-071 (ZA05-131) Specific Use Permit to allow
sales from kiosks on property located in the Grand Avenue District, Southlake Town Square,
subject to the recommendations of the Planning and Zoning Commission; subject to Specific Use
Permit Review No.1, dated October 28,2005; requiring all of the kiosks to be the same color of
a deep rich grey; requiring the kiosks to be subject to and to be maintained consistent with the
current Town Square practices and standards with respect to cleanliness, signage, and marketing
of their wares; requiring that no storage be publicly displayed in the kiosks aside from the items
displayed for sale; requiring that no items will be for sale outside the kiosks; requiring that no
fruit and vegetables be sold in the kiosks; stating that the kiosks will be manufactured in Italy
and put up by two Italian guys; and accepting the Specific Use Permit regulations as presented
by the applicant.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7E. ZA06-004. Plat Revision for proposed Blocks 3R2. 4Rl. 12-14. 17 and 18.
Southlake Town Square: being a revision of Lot 3. Block 4R and Lot 2. Block 3Rl. Southlake
Town Square. Phase I and being portion of land in the Richard Eads Survey. Abstract No. 481.
The property is bounded by State Highway 114 on the north side and Southlake Town Square.
Phase One. on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8.
Chief Planner Killough presented this item to Council. Applicants Brian Stebbins and Frank
Bliss of Cooper and Stebbins made a presentation and answered Council's questions.
Motion was made to approve ZA06-004, Plat Revision for proposed Blocks 3R2, 4Rl, 12-14, 17
and 18, Southlake Town Square subject to Plat Review Summary No.1, dated January 13, 2006,
and subject to the recommendations of the Planning and Zoning Commission.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7F. Consider SP06-055. Variance to Sign Ordinance No. 704-B for Southlake
Town Square. Chief Planner Killough presented this item to Council. Applicant Brian Stebbins
of Cooper and Stebbins was present to answer Council's questions.
Motion was made to approve SP06-055, Variance to Sign Ordinance No. 704-B for Southlake
Town Square as presented.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
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Agenda Item No. 7G. Consider SP06-056. Variance to Sign Ordinance No. 704-B for Southlake
Town Square. located at the northeast comer of East Southlake Boulevard and North Carroll
Avenue. Chief Planner Killough presented this item to Council. Applicant Brian Stebbins of
Cooper and Stebbins was present to answer Council's questions.
Motion was made to approve SP06-056, Variance to Sign Ordinance No. 704-B for Southlake
Town Square as presented.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7H. Consider landscape plan for Southlake Town Square Grand Avenue
District. State Highway 114 frontage. Chief Planner Killough presented this item to Council.
Applicant Brian Stebbins of Cooper and Stebbins made a short presentation and answered
Council's questions
Motion was made to approve the landscape plan for Southlake Town Square Grand Avenue
District, State Highway 114 frontage as presented.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 71. Consider amending the Brownstones at Town Square. Phase I. Commercial
Developer Agreement. Director Polasek presented this item to Council. Applicants Brian
Stebbins and Frank Bliss of Cooper and Stebbins answered Council's questions. Council
discussed the phasing proposal for the Brownstones.
Motion was made to authorize the Mayor to execute an amendment to the Brownstones at Town
Square, Phase I Commercial Developer's Agreement prepared by the city attorney subject to the
following: allowing the developer two phases of this portion of the project relating to Summit
and Main Streets in that Phase I would consist of Summit and Phase II would consist of Main
Street beginning from the comer of Summit and Main; requiring that each phase would be
completed based upon and allowing for Certificates of Occupancy on those brownstones when
all of the public works on each phase has been completed, including the street trees and
irrigation, to the satisfaction of and approval of the Director of Public Works; excluding the park
from this requirement; making the developer responsible for any damage to the streets by
construction vehicles, tree placement or moving vans, and Cooper and Stebbins will repair any
damage in a timely manner subject to the approval of the Director of Public Works; requiring the
developer to continue to utilize the same vigorous efforts to screen the construction of these two
phases so that Main Street is screened by same means and standards that the developer has
maintained throughout the project while the second phase is being constructed and after the first
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006
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phase has received its Certificates of Occupancy; and stating that the tree mitigation time line of
180 days begins upon the issuance of the first Certificate of Occupancy.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
The Mayor called for a break at 10:03 p.m. The Mayor reconvened the meeting at 10: 13 p.m.
Agenda Item No. lOA. Consider SP06-081, Conditional Sign Permit per Ordinance No. 704-B
for Shops of Southlake, located at the southeast comer of East Southlake Boulevard and South
Carroll Avenue. Chief Planner Killough presented this item to the Council. Applicant David
Palmer ofCencor Realty made a presentation and answered Council's questions.
Council discussed this item.
Motion was made to approve SP06-081, Conditional Sign Permit per Ordinance No. 704-B for
Shops of Southlake, based on the presentation and design as presented this evening, requiring
sign #1 to have a maximum of four panels per side (not including the Central Market name) with
the background behind the lettering to be the same coloring and requiring the same coloring for
the lettering; requiring the sign to be consistent with the colors and materials shown; allowing no
logos on the sign other than the name of the retailer; requiring the sign to have reverse channel,
backlit lettering; requiring the same tenant listing on all four panels on all three sides; requiring
Council's reconsideration of the sign if the building design changes to something other than a
restaurant with a fireplace; accepting the applicant's statement that due to the coloring of the
brick, the lettering will probably be an annotized aluminum with backlit white; and requiring
sign #2 to also have reverse channel, backlit lettering and be a maximum height of 10 feet but
maintaining the three foot stone base.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. lOB. Consider final design and cost for the public park proposed within the
Shops of Southlake development. Director Last introduced items lOB, 10C, and 10D. Director
Polasek presented Item lOB to Council and answered questions.
Motion was made to approve the final design and cost for the public park proposed within the
Shops of Southlake development as presented.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
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Councilmember Terrell stated that if staff finds we have additional funds resulting from our tax
exempt status, the six columns that were removed should be added back into the park.
Agenda Item No. 10C. Resolution No. 06-003. Approving the terms and conditions of a program
to promote economic development and stimulate business and commercial activity in the City
and approving the form of certain declarations and restrictive covenants affecting property the
City anticipates accepting as a public park; authorizing the Mayor to execute an agreement with
CarrolV1709. LTD.. a Texas limited partnership. by CarrolV1709 One. L.C. a Texas limited
liability company. its General Partner. for such purposes; and providing an effective date.
Director Last presented this item along with the introduction of items lOB and 10D. In
accordance with Section 4.21 ofthe City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE TERMS
AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND
STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY AND
APPROVING THE FORM OF CERTAIN DECLARATIONS AND RESTRICTIVE
COVENANTS AFFECTING PROPERTY THE CITY ANTICIPATES ACCEPTING AS A
PUBLIC PARK; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
CARROLL/I 709, LTD., A TEXAS LIMITED PARTNERSHIP, BY CARROLL/l709 ONE,
L.C., A TEXAS LIMITED LIABILITY COMPANY, ITS GENERAL PARTNER FOR SUCH
PURPOSES; AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Resolution No. 06-003, Approving the terms and conditions of a
program to promote economic development and stimulate business and commercial activity in
the City and approving the form of certain declarations and restrictive covenants affecting
property the City anticipates accepting as a public park; authorizing the Mayor to execute an
agreement with CarrolV1709, LTD., a Texas limited partnership, by CarrolV1709 One, L.C. a
Texas limited liability company, its General Partner, for such purposes; and providing an
effective date, as presented.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. lOD. Consider executing a Revised 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 presented this item to Council
and answered questions.
Motion was made to approve a Revised 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, as presented.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
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Page 10 of 12
Nays: None
Approved: 6-0
Agenda Item No. 10E. Consider SP05-329, Variance to Sign Ordinance No. 704-B for
Aventerra, located at 500 West State Highway 114 and 100 East State Highway 114. Chief
Planner Killough presented this item to Council and answered questions. Applicants Jacque
Forshser and Bobby Knight of Cartwright Signs, 3605 Security Street, Garland, Texas, answered
Council's questions.
Motion was made to approve SP05-329, Variance to Sign Ordinance No. 704-B for Aventerra,
located at 500 West State Highway 114 and 100 East State Highway 114, setting the approval to
expire in six months and requesting the applicant to bring back existing signs for consideration
within six months.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: Hill
Approved: 5-1
Agenda Item No. 10F. Consider SP05-384, Variance to Sign Ordinance No. 704-B for Shoe
Pavilion, located at 2727 East Southlake Boulevard. Chief Planner Killough presented this item
to Council and answered questions. Applicant Terry Long answered Council's questions. Chief
Operating Officer Bob Hall discussed this item with Council. Council discussed this item.
Motion was made to approve SP05-384, Variance to Sign Ordinance No. 704-B for Shoe
Pavilion, located at 2727 East Southlake Boulevard, with an overall reduction in size of 15%.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. lOG. Consider SP06-037, Variance to Sign Ordinance No. 704-B for Capital
One, located at 1110 East Southlake Boulevard. Chief Planner Killough presented this item to
Council and answered questions. Applicant Jim Hagle, 3201 Manor Way, Dallas, Texas,
answered Council's questions. Council discussed this item.
Motion was made to approve SP06-037, Variance to Sign Ordinance No. 704-B for Capital One,
located at 1110 East Southlake Boulevard, as requested contingent upon the removal of the two
interior backlit signs behind the glass.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
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Page 11 of 12
Agenda Item No. 12. Meeting adioumed. Mayor Wambsganss adjourned the meeting at 12:37
a.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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City Secretary
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REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006
Page 12 of 12