2006-12-05 Regular CC Meeting CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: DECEMBER 5, 2006
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:00 to 6:00 P.M.
1. Call to order.
2. Invocation: Chaplin of the Month
3. Discuss Bicentennial Park Schematic Design - Joint Work Session with Parks and
Recreation Board and Southlake Parks Development Corporation.
4. Discuss 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 attorney
a. City of Southlake vs. Timarron, et.al.
2. Section 551.072: Deliberation regarding real property
a. Discuss purchase of property for the central DPS Headquarters.
b. Discuss purchase of property for park purposes.
3. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City Manager
and the City Secretary.
4. Section 551.087: Deliberation regarding economic development
negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
City of Southlake
City Council meeting agenda
December 5, 2006
Page 2 of 7
3. REPORTS:
A. Mayor's Report
1. Recognition of Miss Southlake Scholarship winners
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 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.
4. Consent:
A. Approve the minutes from the November 21, 2006, regular City Council meeting.
B. Excuse members of the City Council for absences from a meeting.
C. Cancel or reschedule the December 19, 2006, regular City Council meeting.
D. Resolution No. 06 -068, Appoint members to the Public Art Advisory Committee.
E. Approve the 2007 Community Services Agreement with Bob Jones Nature
Center.
F. Approve the 2007 Community Services Agreement with Call A Ride Southlake.
G. Approve the 2007 Community Services Agreement with GRACE.
H. Approve the 2007 Community Services Agreement with Keep Southlake
Beautiful.
I. Approve the 2007 Community Services Agreement with Metroport Meals on
Wheels.
J. Approve the 2007 Community Services Agreement with Southlake Community
Band.
K. Approve the 2007 Community Services Agreement with Southlake Historical
Society.
L. Approve the 2007 Community Services Agreement with Southlake Sister Cities.
M. Approve the 2007 Community Services Agreement with Southlake Women's
Club for Art in the Square.
City of Southlake
City Council meeting agenda
December 5, 2006
Page 3 of 7
N. Approve the 2007 Community Services Agreement with SafeHaven of Tarrant
County.
O. Approve the 2007 Community Services Agreement with Apex Arts League.
P. Approve SPDC Matching Funds Request from the Southlake Mounted Patrol in
the amount of $44,950 for Texas Parks and Wildlife grant.
Q. Award annual purchasing agreement for Signs and Pavement Marking Materials
to Centerline Supply and Roadrunner Traffic Supply.
R. This item intentionally left blank.
S. Resolution No. 06 -071, Approve a resolution supporting a regional rail initiative.
T. Approve an amendment to the professional services agreement with Schrickel,
Rollins, and Associates for the schematic design of Bicentennial Park in the
amount of $16,000 to develop a three- dimensional animated aerial view of the
schematic design.
U. Ordinance No. 480 -LLL, 2 Reading, Amendment to the Comprehensive Zoning
Ordinance No. 480, as amended, as it pertains to the creation of the SF -2 Single
Family Residential Zoning District. THIS IS ITEM IS TABLED TO THE
APRIL 3, 2007, CITY COUNCIL MEETING.
V. Ordinance No. 480 -492, 1 Reading (ZA06 -045), Zoning Change for a portion of
Lot 1, Block 1, Arnold Estates. The property is situated at 1275 Shady Oaks Drive
with access through 520 West Highland Street. Current Zoning: RE Single Family
Residential Estate District. Requested Zoning: SF -1A Single Family Residential
District. SPIN Neighborhood #11. BY THE REQUEST OF THE
APPLICANT, THIS IS ITEM IS TABLED TO THE APRIL 3, 2007, CITY
COUNCIL MEETING
REGULAR AGENDA
5. Public Forum.
6. Ordinances, second readings, public hearings, and related items:
A. Resolution No. 06 -072 (ZA06 -058), Specific Use Permit for a
telecommunications antenna on property located at 340 Miron Drive. Current
Zoning: B -1 Business Service Park District. SPIN Neighborhood #8. PUBLIC
HEARING
City of Southlake
City Council meeting agenda
December 5, 2006
Page 4 of 7
B. ZA06 -159, Site Plan for Lot 17, Block 1, O.W. Knight No. 899 Addition, located
at 325 East Southlake Boulevard. Current Zoning: S -P -2 Generalized Site Plan
District. SPIN Neighborhood #9W. PUBLIC HEARING
C. Ordinance No. 480 -422a, 2 Reading (ZA06 -147), Zoning Change and Site Plan
for Westgate Plaza, located at 2300 East State Highway 114. Current Zoning: S-
P-1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan
District. SPIN Neighborhood #6. PUBLIC HEARING
D. ZA06 -103, Plat Showing for T. Easter No. 458 Addition being approximately one
acre of land located at 2300 East State Highway 114. Current Zoning: S -P -1
Detailed Site Plan District. SPIN Neighborhood #6.
E. Ordinance No. 704 -C, 2 Reading, Amendment to Ordinance No. 704 -B, City of
Southlake Sign Ordinance. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480 -509, 1 Reading (ZA06 -131), Zoning Change and
Development Plan for proposed Estancia at Southlake located at 579 North
Kimball Avenue. Current Zoning: AG Agricultural District. Requested Zoning:
R -PUD Residential Planned Unit Development District. SPIN Neighborhood #6.
(If approved on first reading, the public hearing will be held on January 2, 2007.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Consider SP06 -481, Variance to Sign Ordinance No. 704 -B for San Francisco
Oven, located at 2787 East Southlake Boulevard, Suite 100, in Cornerstone Plaza.
B. Consider a Commercial Developer Agreement with Southlake Watermark
Holdings, L.P., for Watermere at Southlake, located between West Southlake
Boulevard and Union Church Road, south of Jellico Estates.
C. Award of bid to Inter -Tel for in -place upgrade of current Inter -Tel Axxess
Telephone System in the amount of $27,063.83.
D. Authorize a Commercial Developer's Agreement with Cooper and Stebbins for
Southlake Town Square, Block 22, located at the northeast corner of East
Southlake Boulevard and Central Avenue.
10. Other items for discussion:
A. Community Services Agreement with Fort Worth Transportation Authority.
City of Southlake
City Council meeting agenda
December 5, 2006
Page 5 of 7
11. 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, Deceml et,I 6i4 y 6:00 p.m., pursuant to the
Texas Government Code, Chapter 551.
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If you plan to attend this publ mee 'ng and hada disability 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
December 5, 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. 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.
3. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of
Southlake. March 2005.
4. Kenneth Schmiedel and Maureen Schmiedel, individually and as next friends of
Elizabeth Schmiedel, a minor vs. City of Southlake. August 2006.
5. Teresa Dreyer v. City of Southlake, Texas, et.al. September 2006.
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.
Section 418.183(f): Texas Disaster Act
City of Southlake
City Council meeting agenda
December 5, 2006
Page 7 of 7
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.
OFFICIAL RECORD
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 5, 2006
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris,
Deputy Mayor Pro Tem John Terrell and Councilmembers Laura K. Hill (arrived at 6:04 p.m.),
Gregory Jones, Virginia M. Muzyka, and Vernon Stansell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Community Relations Officer Pilar Schank, Manager of Information Services Gary Gregg,
Audio Visual Systems Technician Pam Jordan, Director of Community Services Steve Polasek,
Parks Project Coordinator Julie Dove, Director of Economic Development Greg Last, Chief of
Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Planning Ken
Baker, Chief Planner Dennis Killough, Chief Planner Jayashree Narayana, Director of Public
Works Bob Price, Public Works Operations Manager Chuck Kendrick, Civil Engineer Cheryl
Taylor, City Attorney Tim Sralla, and City Secretary Lori Farwell.
WORK SESSION:
PARKS AND RECREATION BOARD PRESENT: Elaine Cox, Elizabeth McCracken, Mike
Mills, and John Slocum.
SOUTHLAKE PARKS DEVELOPMENT CORPORATION MEMBERS PRESENT:
Sherry Berman (in addition to those SPDC members listed above who also serve on other
boards).
Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss
at 5:19 p.m.
Agenda item No. 2. Invocation. Coy Quesenbury from Lonesome Dove Baptist Church gave the
invocation. Mayor Wambsganss lead the pledge of allegiance.
Agenda Item No. 3. Discuss Bicentennial Park schematic design — Joint Work Session with
Parks and Recreation Board and Southlake Parks Development Corporation. Mayor
Wambsganss introduced this item. Director Polasek made a presentation. Terry Cheek, President
of Schrickel, Rollins and Associates, along with Stephanie VanDyken and James Williams,
presented the design to the City Council, the Parks and Recreation Board, and the Southlake
Parks Development Corporation Board. The group discussed the schematic design.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 5, 2006
Page 1 of 10
Agenda Item No. 4. Discussion of all items on tonight's meeting agenda. City Council reviewed
the consent agenda items with city staff. Items 9B, 9C, and 9D were added to the consent
agenda. The work session ended at 6:04 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:04 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 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 6:04 p.m.
Executive Session began at 6:18 p.m. and ended at 7:15 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:22
p.m. and asked if any action was necessary from Executive Session. No action was necessary.
Agenda Item No. 3A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and
events.
Agenda Item No. 3A1. Recognition of Miss Southlake Scholarship winners. Mayor Wambsganss
read a proclamation in honor of the Miss Southlake Scholarship Competition held on November
11, 2006, at Carroll Senior High School and recognized the winners. Heather Edwards Booth
presented a description of the program and introduced Miss Southlake, Kristen Blair, who
thanked the Mayor and Council. Miss Southlake's Outstanding Teen, Ilsa Levine, had another
meeting and had to leave prior to the recognition.
Agenda Item No. 3B. City Manager's Report. A report was not given.
Agenda Item No. 3C. 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. 4A. Approve the minutes from the November 21, 2006, regular City Council
meeting. Council amended the time on page two from 6:12 p.m. to 7:12 p.m.
Agenda Item No. 4B. Excuse members of the City Council for absences from a meeting. Deputy
Mayor Pro Tem Terrell and Councilmember Jones were absent from the November 21, 2006
City Council meeting.
Agenda Item No. 4C. Cancel or reschedule the December 19, 2006, regular City Council
meeting. City Council agreed to cancel the December 19, 2006, regular City Council meeting.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 5, 2006
Page 2 of 10
Agenda Item No. 4D. Resolution No. 06 -068, Appoint members to the Public Art Advisory
Committee. City Council appointed Debbie Reid and Jenny Tilbury to the Public Art Advisory
Committee, both in citizen -at -large positions. 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,
APPOINTING MEMBERS TO THE PUBLIC ART ADVISORY COMMITTEE; AND
PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 4E. Approve the 2007 Community Services Agreement with Bob Jones Nature
Center. A presentation was not made on this item.
Agenda Item No. 4F. Approve the 2007 Community Services Agreement with Call A Ride
Southlake. A presentation was not made on this item.
Agenda Item No. 4G. Approve the 2007 Community Services Agreement with GRACE. A
presentation was not made on this item.
Agenda Item No. 4H. Approve the 2007 Community Services Agreement with Keep Southlake
Beautiful. A presentation was not made on this item.
Agenda Item No. 41. Approve the 2007 Community Services Agreement with Metroport Meals
on Wheels. A presentation was not made on this item.
Agenda Item No. 4J. Approve the 2007 Community Services Agreement with Southlake
Community Band. A presentation was not made on this item.
Agenda Item No. 4K. Approve the 2007 Community Services Agreement with Southlake
Historical Society. A presentation was not made on this item.
Agenda Item No. 4L. Approve the 2007 Community Services Agreement with Southlake Sister
Cities. A presentation was not made on this item.
Agenda Item No. 4M. Approve the 2007 Community Services Agreement with Southlake
Women's Club for Art in the Square. A presentation was not made on this item.
Agenda Item No. 4N. Approve the 2007 Community Services Agreement with SafeHaven of
Tarrant County. A presentation was not made on this item.
Agenda Item No. 40. Approve the 2007 Community Services Agreement with Apex Arts
League. A presentation was not made on this item.
Agenda Item No. 4P. Approve SPDC Matching Funds Request from the Southlake Mounted
Patrol in the amount of $44,950 for Texas Parks and Wildlife grant. A presentation was not made
on this item.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 5, 2006
Page 3 of 10
Agenda Item No. 4Q. Award annual purchasing agreement for Signs and Pavement Marking
Materials to Centerline Supply and Roadrunner Traffic Supply. A presentation was not made on
this item.
Agenda Item No. 4R. This item intentionally left blank.
Agenda Item No. 4S. Resolution No. 06 -071, Approve a resolution supporting a regional rail
initiative. A presentation was not made on this item, but citizen Mike Mills, 1528 Main Street,
Southlake, Texas, requested the following statement be part of the record, "I am a strong
supporter of public transportation and the regional rail initiative. However, I am against
resolution 06 -071 since it requests authority to raise local sales tax rates."
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,
EXPRESSING SUPPORT OF A REGIONAL RAIL SYSTEM IN NORTH CENTRAL TEXAS
BY ENCOURAGING THE 80 TEXAS LEGISLATURE TO PROVIDE POSSIBLE
ALTERNATIVE FUNDING MECHANISMS FOR THE PURPOSE OF FUNDING SUCH A
REGIONAL RAIL SYSTEM
Agenda Item No. 4T. Approve an amendment to the professional services agreement with
Schrickel, Rollins, and Associates for the schematic design of Bicentennial Park in the amount of
$16,000 to develop a three- dimensional animated aerial view of the schematic design. A
presentation was not made on this item.
Agenda Item No. 4U. Ordinance No. 480 -LLL, 2nd Reading, Amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF -2 Single Family
Residential Zoning District. This item is tabled to the April 3, 2007, City Council meeting.
Agenda Item No. 4V. Ordinance No. 480 -492, 1 Reading (ZA06 -045), Zoning Change for a
portion of Lot 1, Block 1, Arnold Estates. The property is situated at 1275 Shady Oaks Drive
with access through 520 West Highland Street. Current Zoning: RE Single Family Residential
Estate District. Requested Zoning: SF -1A Single Family Residential District. SPIN
Neighborhood #11. By the request of the applicant, this item is tabled to the April 3, 2007, City
Council meeting.
Agenda Item No. 9B. Consider a Commercial Developer's Agreement with Southlake Watermark
Holdings, L.P., for Watermere at Southlake, located between West Southlake Boulevard and
Union Church Road, south of Jellico Estates. A presentation was not made on this item.
Agenda Item No. 9C. Award of bid to Inter -Tel for in -place upgrade of current Inter -Tel Axxess
Telephone System in the amount of $27,063.83. A presentation was not made on this item.
Agenda Item No. 9D. Authorize a Commercial Developer's Agreement with Cooper and
Stebbins for Southlake Town Square, Block 22, located at the northeast corner of East Southlake
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 5, 2006
Page 4 of 10
Boulevard and Central Avenue. Director Price presented this item to Council during the work
session.
Motion was made to approve consent agenda items 4A correcting the time listed on page two of
the minutes from 6:12 p.m. to 7:12 p.m.; 4B to excuse Deputy Mayor Pro Tem Terrell and
Councilmember Jones from the November 21, 2006 City Council meeting; 4C to cancel the
December 19, 2006, City Council meeting; 4D to appoint Debbie Reid and Jenny Tilbury to the
Public Art Advisory Committee in citizen -at -large positions expiring November, 2008; 4E; 4F;
4G; 41-1; 4I; 4J; 4K; 4L; 4M; 4N; 40; 4P; 4Q; 4S; 4T; 4U to table to the April 3, 2007, City
Council meeting; 4V to table to the April 3, 2007, City Council meeting; 9B; 9C; and 9D.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7 -0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke during public forum.
Agenda Item No. 6A. Resolution No. 06 -072 (ZA06 -058), Specific Use Permit for a
telecommunications antenna on property located at 340 Miron Drive. Current Zoning: B -1
Business Service Park District. SPIN Neighborhood #8. Chief Planner Killough presented this
item to Council. Applicant Bill Bowman of Metro PCS made a presentation and answered
Council's questions. Property owner Chris Prescott of American Tower addressed questions
relating to the irrigation on the site. 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 TELECOMMUNICATIONS TOWERS,
ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 3R5, BLOCK 1, MIRON
ADDITION, 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.
Council discussed this request.
Motion was made to approve Resolution No. 06 -072 (ZA06 -058), Specific Use Permit for a
telecommunications antenna on property located at 340 Miron Drive subject to the applicant
constructing a stone or brick masonry wall on the front and sides of the facility; requiring
immediate irrigation of the property that lies south of a line that is 25 feet north of the northerly
fence; requiring that the irrigation not be battery - powered and will be typical irrigation;
requiring replacement of the three dead trees at the back of the facility with a similar caliper tree;
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 5, 2006
Page 5 of 10
requiring that the gates to be installed will be a metal gate painted to blend with the brick or
stone similar to those at the trash dumpsters at Southlake Town Square; stating that if the
applicant has not applied for a re -plat of the property within 60 days, the applicant agrees to
irrigate the entire lot; requiring all conditions to be tied to this particular Specific Use Permit;
and subject to Concept Plan Review Summary No. 4, dated November 3, 2006.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 6B. ZA06 -159, Site Plan for Lot 17, Block 1, O.W. Knight No. 899 Addition,
located at 325 East Southlake Boulevard. Current Zoning: S -P -2 Generalized Site Plan District.
SPIN Neighborhood #9W. Chief Planner Killough presented this item to Council. Applicants
Dirk Davis and Mark Lavorne of Providence Bank Shares Corporation and John Casey of Isbell
Engineering Group answered Council's questions. Architect Dallas Taylor TG Architects
answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA06 -159, Site Plan for Lot 17, Block 1, O.W. Knight No. 899
Addition, located at 325 East Southlake Boulevard, subject to Site Plan Review Summary No. 3,
dated November 29, 2006; noting the applicant's agreement there will be no signage in the upper
windows of the front elevation; requiring the parapet walls to fully screen the mechanical
equipment from F.M. 1709 and the senior center; and requiring the connection of the south drive
to be as presented.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 6C. Ordinance No. 480 -422a, 2nd Reading (ZA06 -147), Zoning Change and
Site Plan for Westgate Plaza, located at 2300 East State Highway 114. Current Zoning: S -P -1
Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN
Neighborhood #6. Chief Planner Killough presented this item to Council in conjunction with
item 6D. Applicants Frank Skipper, 2507 Summer Tree, Colleyville, Texas, and Rick Horne of
Pate Engineering made a presentation and answered Council's questions. Mr. Skipper serves as
legal counsel for Eye Consultants of Texas. In accordance with Section 4.21 of the City Charter,
the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A
PORTION OF TRACTS 2E2, 2E5, 2E6, 2E9B, AND 2E14, SITUATED IN THE T. EASTER
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 5, 2006
Page 6 of 10
SURVEY, ABSTRACT NO. 458, AND BEING APPROXIMATELY 1.02 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1"
DETAILED SITE PLAN DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH
"C -3" GENERAL COMMERCIAL DISTRICT USES TO INCLUDE PARKING AS A
PERMITTED PRINCIPAL USE, AS DEPICTED ON THE APPROVED SITE 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 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.
Fran Tinsley of Keller, Texas, spoke in support of this item.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480 -422a, 2 Reading (ZA06 -147), Zoning Change
and Site Plan for Westgate Plaza, located at 2300 East State Highway 114, noting the applicant's
willingness to provide the trail; stating that the buffer area along the south side of lot one will be
screened to a 150% increase from current standards; deleting all parking shown on plan west of
the west side of lot one; and subject to Revised Site Plan Review Summary No. 2, dated
November 1, 2006.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 6D. ZA06 -103, Plat Showing for T. Easter No. 458 Addition being
approximately one acre of land located at 2300 East State Highway 114. Current Zoning: S -P -1
Detailed Site Plan District. SPIN Neighborhood #6. Chief Planner Killough presented this item
to Council in conjunction with item 6C.
Motion was made to approve ZA06 -103, Plat Showing for T. Easter No. 458 Addition being
approximately one acre of land located at 2300 East State Highway 114, subject to Revised Plat
Review Summary No. 3, dated November 1, 2006.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
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Approved: 7 -0
Agenda Item No. 6E. Ordinance No. 704 -C, 2nd Reading, Amendment to Ordinance No. 704 -B
City of Southlake Sign Ordinance. Director Baker presented this item to Council. In accordance
with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 704 -B, THE COMPREHENSIVE
ORDINANCE REGULATING SIGNS WITHIN THE CITY LIMITS OF SOUTHLAKE,
TEXAS; PROVIDING FOR FINDINGS AND PURPOSES FOR THE ADOPTION OF THIS
ORDINANCE; PROVIDING FOR AMENDED DEFINITIONS; PROVIDING FOR
ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR THE ISSUANCE AND
REVOCATION OF SIGN PERMITS; PROVIDING FOR THE REMOVAL OF SIGNS;
PROVIDING FOR APPEALS AND VARIANCES; PROVIDING FOR LIMITATIONS ON
THE LOCATION, SETBACK, HEIGHT, SIZE, LIGHTING AND OTHER REGULATIONS
OF SIGNS; PROHIBITING CERTAIN SIGNS; PROVIDING FOR EXEMPT SIGNS;
ALLOWING NONCOMMERCIAL (IDEOLOGICAL) COPY ON SIGNS; 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 PAMPHLET
FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 704 -C, 2 Reading, Amendment to Ordinance No.
704 -B, City of Southlake Sign Ordinance as presented and subject to the recommendations of the
Planning and Zoning Commission.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Mayor Wambsganss called for a break at 8:50 p.m. and reconvened the meeting at 9:09 p.m.
Agenda Item No. 7A. Ordinance No. 480 -509, 1 Reading (ZA06 -131), Zoning Change and
Development Plan for proposed Estancia at Southlake located at 579 North Kimball Avenue.
Current Zoning: AG Agricultural District. Requested Zoning: R -PUD Residential Planned Unit
Development District. SPIN Neighborhood #6. Chief Planner Killough presented this item to
Council. Applicant Curtis Young, 8003 Jefferson Circle, Colleyville, Texas, made a presentation
and answered Council's questions. Council discussed this request. Director Polasek addressed
questions from Council regarding the trail along the creek area.
Motion was made to approve Ordinance No. 480 -509, 1 Reading (ZA06 -131), Zoning Change
and Development Plan for proposed Estancia at Southlake located at 579 North Kimball Avenue,
subject to the applicant's agreement to further study the setbacks on Lot 1, Block 1, and Lot 7,
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Page 8 of 10
Block 2, on Kimball Avenue to set back further from the improved right -of -way; requiring the
applicant to provide the trail; requiring that the pond be improved with fountains and
landscaping; requiring the applicant to bring back a wall along the creek and any improvements
along the creek area and stating that Council is not approving the gabion system; requiring the
plan to be as shown on the Development Features rendering showing a median break between
Lots 1 and 7 at the entrance to the development; requiring the applicant to protect the trees along
the backs of Lots 6 and 7, Block 1; requiring wrought iron fencing along the north and south
property lines in addition to those areas already depicted; requiring the applicant to review
moving the stub location at the end of Estancia approximately 20 feet to the east; requiring
applicant to bring back a diagram of Lot 6; and subject to Development Plan Review Summary
No. 3, dated November 3, 2006.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: Jones
Approved: 6 -1
Agenda Item No. 9A. Consider SP06 -481, Variance to Sign Ordinance No. 704 -B for San
Francisco Oven, located at 2787 East Southlake Boulevard, Suite 100, in Cornerstone Plaza.
Chief Planner Killough presented this item to Council. Applicants Rob Waldrum and Mohamad
Farhat answered Council's questions.
Motion was made to approve SP06 -481, Variance to Sign Ordinance No. 704 -B for San
Francisco Oven, located at 2787 East Southlake Boulevard, Suite 100, in Cornerstone Plaza,
removing the logo from the northern elevation and moving the lettering to the bricked area just
above the windows, and removing the one inch lettering from the logo on the western elevation.
Motion: Terrell
Second: Stansell
Ayes: Hill, Jones, Morris, Muzyka, Stansell, 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 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 10:23 p.m. Executive Session began at 10:28 p.m. and ended
at 11:47 p.m.
Mayor Wambsganss reconvened the meeting at 11:48 p.m. and asked if any action was necessary
from executive session.
Motion was made to authorize entering into a contract to purchase approximately 11.2 acres of
park property described as part of the R.D. Price Survey, Abstract No. 1003 -D, Tract 6, in the
amount of $1,000,000 and payable from Southlake Parks Development Corporation funds.
Motion: Morris
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Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Motion was made to extend the current terms of the contract with City Secretary Lori Farwell for
one additional year with a salary of $78,932.55 and to extend the current terms of the contract
with City Manager Shana Yelverton for one additional year with a salary of $145,000.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 10A. Discussion: Community Services Agreement with Fort Worth
Transportation Authority. This item was not discussed.
Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 11:50 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Ancambs
,,,•i5aj i:.. Mayor
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Lori A. Farwell, T ` C
City Secretary ° e ,�
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