2007-01-16 Regular CC Meeting CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: JANUARY 16, 2007
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: Coy Quesenbury — Lonesome Dove Baptist Church.
3. Sanitation services presentation (Tim Powell, General Manager, Allied Waste Services).
4. Smoking ordinance.
5. 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.
b. Seek advice of the city attorney regarding the Master Thoroughfare
Plan.
c. Seek advice of the city attorney regarding Arnold Estates (520
West Highland).
2. Section 551.072: Deliberation regarding real property
a. Deliberate the acquisition of property for park purposes.
3. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment of an Alternate Municipal Judge.
4. Section 551.087: Deliberation regarding economic development
negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
Integrity • Innovation • Accountability • Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
January 16, 2007
Page 2 of 6
3. REPORTS:
A. Mayor's Report
B. City Manager's Report
1. Presentation of the Midwest TxAPA Award for Project of the Year for the
Tree Preservation Ordinance.
C. School District Report
D. Financial 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 January 2, 2007, regular City Council meeting.
B. Reject all bids for the Noble Oaks Park pond improvement project.
C. Authorize a Professional Services Agreement with Lewis McLain for financial
analysis associated with updating impact fees.
D. Authorize a Professional Services Agreement with Kimley -Horn and Associates,
Inc., to prepare the Roadway Impact Fee Study Update.
E. Authorize a Cooperative Purchasing Interlocal Agreement with the City of Fort
Worth.
F. Authorize a one -year contract for preventative maintenance on -site services for
vehicles and light trucks to Mechanic's Fleet Services, Inc., in the amount of
$69,740.
G. Authorize a Tree Mitigation Agreement for Lots 5 and 6, Block 1, Miracle Pointe.
H. Authorize a Tree Mitigation Agreement for Lots 1, 6, 7 and 8, Block 1, and Lots 1
anutd 5, , M.
I. Ahorize Block a Tree 2 Mitigation iracle Pointe Agreement for Johnson Place.
J. Authorize a Professional Services Agreement with Weaver and Tidwell, L.L.P.,
for audit services.
Integrity ♦ Innovation ♦ Accountability • Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
January 16, 2007
Page 3 of 6
K. Ordinance No. 480 -511, 1 Reading, (ZA06 -125), Zoning Change and Concept
Plan for Tract 2C2, A.H. Chivers Survey, Abstract No. 299, located at 1090
Primrose Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-
20A Single Family Residential District. SPIN Neighborhood #5. (This item was
withdrawn by the applicant on January 10, 2007.)
REGULAR AGENDA
5. Public Forum.
A. Presentation by Frank Barrows related to drainage concerns.
6. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 902, 2 Reading, Appointing an Alternate Municipal Judge and
authorizing execution of an agreement with the Alternate Municipal Judge and
providing an effective date. PUBLIC HEARING
B. Ordinance No. 480 -509, 2" 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.
PUBLIC HEARING
C. Ordinance No. 480 -510, 2 Reading (ZA06 -042), Zoning Change and
Development Plan for 3280 Burney Lane, described as Tract 11, R.D. Price
Survey, Abstract No. 1207. Current Zoning: AG Agricultural District. Requested
Zoning: SF -1A Single Family Residential District. Amended Zoning Change
Request: R -PUD Residential Planned Unit Development District, with SF-1A
Single Family Residential District uses and regulations. SPIN Neighborhood #3.
PUBLIC HEARING
D. Resolution No. 07 -003, (ZA06 -152), Specific Use Permit for a
telecommunications antenna on property located at 3700 North White Chapel
Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood
#1. PUBLIC HEARING
E. Resolution No. 07 -004, (ZA06 -183), Specific Use Permit for a tent sale at Kroger
located at 2110 East Southlake Boulevard. Current Zoning: C -3 General
Commercial District. SPIN Neighborhood #8. PUBLIC HEARING
F. Ordinance No. 897, 2 Reading, Amending Chapter 18, Section 18 -79 of the
Southlake City Code establishing a new speed limit on a portion of North Carroll
Avenue and on two portions of Kimball Avenue. PUBLIC HEARING
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City of Southlake
City Council meeting agenda
January 16, 2007
Page 4 of 6
7. Ordinances, first readings, and related items: (There are no items on this agenda.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. ZA06 -143, Preliminary Plat for Wimbledon Estates (f.k.a. Preston Oaks), located
at 1331 Sunshine Lane and 1778 East Highland Street. Current Zoning: SF -1A
Single Family Residential District. SPIN Neighborhood #5.
B. Consider SP06 -401A, Amendment to the Conditional Sign Permit for Jellico
Square located at the northwest corner of West Southlake Boulevard and Randol
Mill Avenue.
C. Consider SP07 -002, Variance to the Conditional Sign Permit for Shops of
Southlake — Starpower — located at the southeast corner of East Southlake
Boulevard and South Carroll Avenue.
D. Consider any action necessary regarding Request for Bid #0609A161PS600207
related to branding Southlake.
10. Other items for discussion: (There are no items on this agenda.)
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, January 12, 2007, by 6:00 p.m., pursuant to the
Texas Government Code, Chapter 551.
U
-n / i t Al
Lori • . Farwell, C * . m _
City Secretary • •
•
If you plan to attend this public meeting �a d yi v a cj's'ability that requires special needs, please
advise the City Secretary's Office 48 holAm fl advance at 817 - 748 -8016 and reasonable
accommodations will be made to assist you.
Integrity • Innovation • Accountability • Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
January 16, 2007
Page 5 of 6
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.
6. TBC Construction, Inc., and TBC First Realty, Inc. v. City of Southlake, Barson Utilities,
Inc., aka Barson Utilities. December 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.
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
January 16, 2007
Page 6 of 6
Section 418.183(0: 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.
Integrity • Innovation • Accountability • Commitment to Excellence • Teamwork
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 16. 2007
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, Gregory Jones
(arrived at 5:52 p.rn.), Virginia M. Muzyka, and Vernon Stansell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, Community Relations Officer Pilar Schank,
Manager of Information Services Gary Gregg, Audio Visual Systems Technician Pam Jordan,
Director of Community Services Steve Polasek, Chief of Fire Services Robert Finn, Chief of
Police Services Wade Goolsby, Economic Development Director Greg Last, Finance Director
Sharen Jackson, Purchasing Agent Deborah Russell, Vehicle Fleet Coordinator Tim Slifka,
Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner
Jayashree Narayana, Director of Public Works Robert H. Price, Public Works Operations
Manager Chuck Kendrick, City Attorney E. Allen Taylor, City Attorney Dan Barrett, and City
Secretary Lori Farwell.
WORK SESSION:
Agenda Item No.1. Call to order. The work session was called to order by Mayor Wambsganss
at 5:10 p.m.
Agenda item No.2. Invocation. Director Baker gave the invocation. Mayor Wambsganss lead
the Pledge of Allegiance.
Agenda Item No.3. Sanitation services presentation. Mayor Wambsganss commented on the
City's existing contract with Allied Waste and the status of service delivery. Tim Powell,
General Manager of Allied Waste, commented on waste collection services in Southlake.
Agenda Item No.4. Smoking Ordinance. Director Baker presented this item to Council. Council
discussed this item and suggested that a SPIN meeting be held to get input from the community
and local restaurants.
Agenda Item No.5. Discussion of all items on tonight's meeting agenda. City Council reviewed
the consent agenda items with city staff. Item 9D was added to the consent agenda. The work
session ended at 6:03 p.m.
REGULAR SESSION:
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 16, 2007
Page 1 of 11
Agenda Item No. 1. Call to order. The regular seSSIon was called to order by Mayor
Wambsganss at 6:09 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 6:03 p.m.
Executive Session began at 6:18 p.m. and ended at 7:45 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:51
p.m. and asked if any action was necessary from Executive Session.
Motion was made to proceed with the settlement on the street failure case as discussed in
executive session.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 3A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and
events.
Agenda Item No. 3B1. Presentation of the Midwest TxAPA Award for Proiect of the Year for
the Tree Preservation Ordinance. City Manager Yelverton recognized the Planning Department
staff for their work on the Tree Preservation Ordinance.
Agenda Item No. 3C. School District Report. There was no report given.
Agenda Item No. 3D. Financial 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 January 2. 2007. regular City Council
meeting. A presentation was not made on this item.
Agenda Item No. 4B. Reiect all bids for the Noble Oaks Park pond improvement proiect. A
presentation was not made on this item.
Agenda Item No. 4C. Authorize a Professional Services Agreement with Lewis McLain for
financial analysis associated with updating impact fees. A presentation was not made on this
item.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 16, 2007
Page 2 of 11
Agenda Item No. 4D. Authorize a Professional Services Agreement with Kimley-Hom and
Associates. Inc.. to prepare the Roadway Impact Fee Study Update. A presentation was not made
on this item.
Agenda Item No. 4E. Authorize a Cooperative Purchasing Interlocal Agreement with the City of
Fort Worth. A presentation was not made on this item.
Agenda Item No. 4F. Authorize a one-year contract for preventative maintenance on-site services
for vehicles and light trucks to Mechanic's Fleet Services. Inc.. in the amount of $69.740. A
presentation was not made on this item.
Agenda Item No. 40. Authorize a Tree Mitigation Agreement for Lots 5 and 6. Block 1. Miracle
Pointe. Applicant Berwyn McAninch presented this item to Council during the work session.
Council discussed this item with the applicant. This item was tabled to the February 6, 2007,
City Council meeting.
Agenda Item No. 4H. Authorize a Tree Mitigation Agreement for Lots 1. 6. 7 and 8. Block 1.
and Lots I and 5. Block 2. Miracle Pointe. Applicant Jay Anthony presented this item to Council
during the work session.
Agenda Item No. 41. Authorize a Tree Mitigation Agreement for Johnson Place. A presentation
was not made on this item.
Agenda Item No. 4J. Authorize a Professional Services Agreement with Weaver and Tidwell.
L.L.P.. for audit services. A presentation was not made on this item.
Agenda Item No. 4K. Ordinance No. 480-511. 1st Reading. (ZA06-125). Zoning Change and
Concept Plan for Tract 2C2. A.H. Chivers Survey. Abstract No. 299. located at 1090 Primrose
Lane. Current Zoning: AO Agricultural District. Requested Zoning: SF-20A Single Family
Residential District. SPIN Neighborhood #5. This item was withdrawn by the applicant.
Agenda Item No. 9D. Consider any action necessary regarding Request for Bid
#0609A161PS600207 related to branding Southlake. Director Last presented this item to Council
during the work session. Council agreed to reject all current proposals, as submitted, and to
direct staff to proceed with negotiations on a limited scope at a cost ofless than $25,000.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; to table 40 to the
February 6, 2007, City Council meeting; 4H; 41 4J; to withdraw 4K; and item 9D to reject all
current proposals, as submitted, and to direct staff to proceed with negotiations on a limited
scope at a cost ofless than $25,000.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 16, 2007
Page 3 of 11
REGULAR AGENDA:
Agenda Item No.5. Public Forum. No one spoke during public forum.
Agenda Item No. 5A. Presentation by Frank Barrows related to drainage concerns. Mr. Barrows
was at the meeting but was unable to stay until this item was heard.
Agenda Item No. 6A. Ordinance No. 902, 2nd Reading, Appointing an Alternate Municipal Judge
and authorizing execution of an agreement with the Alternate Municipal Judge and providing an
effective date. Mayor Wambsganss introduced this item. In accordance with Section 4.21 of the
City Charter, the caption for this item is listed as follows:
AN ORDINANCE APPOINTING AN AL TERNA TE MUNICIP AL JUDGE AND
AUTHORIZING THE MA YOR TO EXECUTE AN AGREEMENT WITH THE ALTERNATE
MUNICIP AL JUDGE; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 902, 2nd Reading, Appointing Gary Lee Hach as the
Alternate Municipal Judge and authorizing execution of an agreement with the Alternate
Municipal Judge with an expiration date of February 1,2009.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6B. Ordinance No. 480-509, 2nd Reading (ZA06-13l), 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. Director Baker presented this item to Council.
Applicant Curtis Young made a presentation and answered Council's questions. Mr. Young
agreed to tie the following sections of the covenants and restrictions to the zoning of this
property: submission of elevations at the time of permit; elevations as a part of the zoning;
garage requirements, no garages facing the street; take out wording "when ever possible";
sections in covenants dealing with windows; accessory structures; antenna and satellite dishes;
fences and walls; retaining walls; exterior lighting; building materials, roof restrictions, height
restrictions, landscaping; lot grading; owner's obligation to maintain; geotechnical data will be
made a part of the zoning as well as the foundation report; and masonry product or wrought iron
or combination for fence between lots 2, 7, 3, 6 and 4,5 (block 1).
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
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 16, 2007
Page 4 of 11
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT
5A4, SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, BEING
APPROXIMATELY 7.97 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "R-PUD" RESIDENTIAL
PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF-20A" SINGLE FAMIL Y
RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT
PLAN, INCLUDING "PUD" DEVELOPMENT STANDARDS, 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.
Kerry Rodgers, 5446 Merrimac Avenue, Dallas, Texas, did not speak but did want to record his
support.
Rex Boyd, 910 Harber, Grapevine, Texas, did not speak but did want to record his support.
Mayor Wambsganss closed the public hearing.
Council continued their discussion of this item.
David Keener with Century Development addressed questions on fencing types.
Understanding that this is a unique area bordered by commercial properties as well as mixed use
properties; it is on Kimball Road which is a very busy road; it is across from or near the Mesco
site and near some electrical power lines as well as other issues and based upon those reasons, a
motion was made to approve Ordinance No. 480-509, 2nd Reading (ZA06-131), Zoning Change
and Development Plan for proposed Estancia at Southlake located at 579 North Kimball Avenue
subject to the following: requiring Lot 6, Block 1, to include grading and building site plans and
retaining walls and showing materials and methods for preparing this lot as outlined in the
testimony presented and including as exhibits the geotechnical data as well as the moisture and
density data which was included as a handout to City Council; understanding that approval is
subject to the Declarations, Covenants, and Restrictions for Estancia at Southlake Homeowners
Association to be filed in the Tarrant County Clerks Office; subject to the various items read into
the record and agreed to by the applicant to include the named sections (sections in covenants
dealing with windows, accessory structures, antenna and satellite dishes, fences and walls,
retaining walls, exterior lighting, building materials, roof restrictions, height restrictions,
landscaping, lot grading, and owner's obligation to maintain) as well as any exhibits referred to
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 16, 2007
Page 5 of 11
in those sections and specifically including Exhibit 'D' relating to fencing with the change that it
would not include any tubular fencing but would include only solid fencing; also subject to the
developer submitting a foundation and engineering report to the city for each of the lots being
developed; subject to City Council approval on first reading on December 5, 2006, specifically
items 1 and 4 noting the fence along the north and south boundary lines will be wrought iron and
also noting the developer's agreement that there will be no wood fencing on Lots 6 and 7, Block
2; and requiring wrought iron or masonry as defined in the restrictions for Estancia or a
combination of the two between Lots 2, 3, and 4 (backing up to) Lots 5, 6, and 7, Block 1
(interior side yards and rear yards); and subject to Development Plan Review Summary No.3,
dated November 3,2006.
Motion: Jones
Mr. Keener asked Council to allow tubular steel fencing on some lots as discussed with Council.
Councilmember Jones amended his motion to state that Lots 6 and 7, Block 2, will not be wood
fencing but will be as described in the motion with wrought iron, but on the side yards and the
back sides of Lots 5, 6, 7 and 2,3,4, Block 1, allowing tubular iron or metal fencing.
Second:
Ayes:
Nays:
Approved:
Hill
Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
None
7-0
Agenda Item No. 6C. Ordinance No. 480-510, 2nd Reading (ZA06-042), Zoning Change and
Development Plan for 3280 Burney Lane, described as Tract 1 L R.D. Price Survey, Abstract No.
1207. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family
Residential District. Amended Zoning Change Request: R-PUD Residential Planned Unit
Development District, with SF-IA Single Familv Residential District uses and regulations. SPIN
Neighborhood #3. Director Baker presented this item to Council. Applicant Jerry Statham
answered Council's 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 LEGALLY DESCRIBED AS TRACT
TRACT 11, SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, BEING
APPROXIMA TEL Y 4.02 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "R-PUD" RESIDENTIAL
PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF-IA" SINGLE FAMIL Y
RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT
PLAN, INCLUDING "PUD" DEVELOPMENT STANDARDS, ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 16, 2007
Page 6 of 11
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.
David George, 2980 Burney Lane, Southlake, Texas, did not speak but wanted to record his
support.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480-510, 2nd Reading (ZA06-042), Zoning Change
and Development Plan for 3280 Burney Lane, described as Tract 11, R.D. Price Survey, Abstract
No. 1207, subject to revised PUD regulations as presented this evening but limiting accessory
structures from 2,500 s.f. to 1,000 s.f. and requiring those structures to be made of the same
materials as the home; subject to City Council's approval on first reading; requiring all access to
the site to meet Fire Department access requirements; and subject to Development Plan Review
Summary No.2, dated January 10,2007.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6D. Resolution No. 07-003, (ZA06-152), Specific Use Permit for a
telecommunications antenna on property located at 3700 North White Chapel Boulevard. Current
Zoning: CS Community Service District. SPIN Neighborhood #1. Chief Planner Narayana
presented this item to Council. Applicants Bill Beston of Media Flow Consultants and Chris
Prescott of American Tower made a presentation and answered Council's questions. Council
discussed this request. 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 1, BLOCK A, OIEN
ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS
DEPICTED ON THE APPROVED CONCEPT 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, JANUARY 16, 2007
Page 7 of 11
Motion was made to approve Resolution No. 07-003, (ZA06-152), Specific Use Permit for a
telecommunications antenna on property located at 3700 North White Chapel Boulevard, subject
to City Council's prior conditions on January 2, 2007; requiring an 8' wall comparable to the
fence at the Miron Drive water tower site; requiring maintenance of the existing landscaping
around the wall; requiring the addition of 8' to to' red cedars, 6 to 8 in number, on both sides of
the access drive into the site; requiring irrigation of the turf along the access drive; requiring the
establishment of a maintenance schedule once a week in the summer and the replacement of any
dead vegetation on an ongoing basis; accepting the applicant's agreement to not place any of the
new equipment being asked for on site until they complete these requirements as set out by City
Council; and subject to Concept Plan Review Summary No.3, dated December 29,2006.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss called for a break at 9:42 p.m. and reconvened the meeting at 9:58 p.m.
Mayor Wambsganss announced City Council would hear item 6F next.
Agenda Item No. 6F. Ordinance No. 897, 2nd Reading, Amending Chapter 18, Section 18-79 of
the Southlake City Code establishing a new speed limit on a portion of North Carroll Avenue and
on two portions of Kimball Avenue. Director Price 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 CHAPTER 18, SECTION 18-79 OF THE SOUTHLAKE
CITY CODE TO ESTABLISH A NEW SPEED LIMIT ON TWO PORTIONS OF KIMBALL
AVENUE WITHIN THE CITY OF SOUTHLAKE; DIRECTING THE DIRECTOR OF
PUBLIC WORKS TO POST APPROPRIATE 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 THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
Mayor Wambsganss opened the public hearing.
Jamie Cadiz, 707 Chaucer Court, Southlake, Texas, spoke in opposition to this item.
Jeff Wang, 595 South Kimball Avenue, Southlake, Texas, spoke in opposition to this item.
Mayor Wambsganss closed the public hearing.
Motion was made to deny Ordinance No. 897, 2nd Reading, Amending Chapter 18, Section 18-79
of the Southlake City Code establishing a new speed limit on a portion of North Carroll Avenue
and on two portions of Kimball Avenue.
Motion: Morris
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 16, 2007
Page 8 of 11
Motion failed due to the lack of a second.
Motion was made to approve Ordinance No. 897, 2nd Reading, Amending Chapter 18, Section
18-79 of the Southlake City Code changing the speed limit on Kimball Avenue from Crooked
Lane to the city limits to 40 miles per hour and from Crooked Lane to State Highway 114 to 35
miles per hour.
Motion: Stansell
After discussion, Counci1member Stansell amended his motion:
Motion was made to approve Ordinance No. 897, 2nd Reading, Amending Chapter 18, Section
18-79 of the South1ake City Code establishing a new speed limit on Kimball Avenue to 35 miles
per hour from the city limit boundary to State Highway 114.
Motion: Stansell
Second: Hill
Ayes: Hill, Jones, Muzyka, Stansell, Terrell, Wambsganss
Nays: Morris
Approved: 6-1
Agenda Item No. 6E. Resolution No. 07-004, (ZA06-183), Specific Use Permit for a tent sale at
Kroger located at 2110 East South1ake Boulevard. Current Zoning: C-3 General Commercial
District. SPIN Neighborhood #8. Chief Planner Narayana presented this item to Council.
Applicant Bruce Burleson manager of Kroger 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 A TENT FOR THE PURPOSE OF
PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,
TEXAS, LOCATED AT 2110 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY
DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, VILLAGE CENTER, PHASE 1, MORE
FULL Y AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE
APPROVED SITE EXHIBIT A TT ACHED 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. 07-004, (ZA06-183), Specific Use Permit for a tent
sale at Kroger located at 2110 East South1ake Boulevard for the time period from February 7
through February 16 including all of the material presented this evening but deleting the request
for one pallet sign.
Motion: Stansell
Second: Terrell
Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: Hill
Approved: 6-1
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 16, 2007
Page 9 of 11
Agenda Item No. 9A. ZA06-143, Preliminary Plat for Wimbledon Estates (f.k.a. Preston Oaks),
located at 1331 Sunshine Lane and 1778 East Highland Street. Current Zoning: SF-IA Single
Familv Residential District. SPIN Neighborhood #5. Director Baker presented this item to
Council. Applicant Eric Reid, 1200 Apple Road, Keller, Texas, made a presentation and
answered Council's questions.
Mayor Wambsganss allowed the public to speak.
Kenneth Smithson, 1439 Sunshine Lane, Southlake, Texas, spoke m support of a second
entrance.
Brad Duerst, 1360 North Sunshine Lane, Southlake, Texas, spoke m support of a second
entrance.
Ed Giozma, 1311 North Sunshine Lane, Southlake, Texas, spoke in support of a second entrance.
Jill Peddecord, 1300 Sunshine Lane, Southlake, Texas, spoke in support of a second entrance.
Don Andre, 1017 East Highland, Southlake, Texas, spoke in opposition of the second entrance
next to his house.
Jay Wasserman, 520 West Highland, Southlake, Texas, asked some general questions about this
request.
After further discussion, Mr. Reid requested to table this item to the February 6, 2007, City
Council meeting.
Motion was made to table ZA06-143, Preliminary Plat for Wimbledon Estates (f.k.a. Preston
Oaks), located at 13 31 Sunshine Lane and 1778 East Highland Street, to the February 6, 2007,
City Council meeting.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 98. Consider SP06-401A, Amendment to the Conditional Sign Permit for
Jellico Square located at the northwest comer of West Southlake Boulevard and Randol Mill
Avenue. Chief Planner Narayana presented this item to Council. Applicants Walter Fenninger,
2436 King Arthur Boulevard, Lewisville, Texas, and Chaz Fisher presented this item to Council
and answered their questions.
Mr. Fenninger requested to table this item to the February 6, 2007, City Council meeting.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 16, 2007
Page 10 of 11
Motion was made to table SP06-401A, Amendment to the Conditional Sign Permit for Jellico
Square located at the northwest comer of West Southlake Boulevard and Randol Mill Avenue to
the February 6, 2007, City Council meeting.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9C. Consider SP07-002, Variance to the Conditional Sign Permit for Shops of
Southlake - Starpower - located at the southeast comer of East Southlake Boulevard and South
Carroll Avenue. Chief Planner Narayana presented this item to Council. Applicant Daniel Pigeon
introduced his business to Council. Council discussed this request.
Motion was made to approve SP07 -002, Variance to the Conditional Sign Permit for Shops of
Southlake - Starpower - located at the southeast comer of East Southlake Boulevard and South
Carroll Avenue noting the applicant's agreement to have individual, brushed aluminum back-lit
letters on all signs and to remove all tag lines; requiring the eastern elevation sign to have 14
inch letters with logo height no greater than 38 inches; requiring the northern and western
elevation signs to be no greater than 42 inches in height for the logo; requiring an awning over
the door that will have only the store name, Starpower, in block letters with letter heights not to
exceed 10 inches, and signs to not exceed the 14 or 18 inch proportionate letters.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 12:11 a.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
~-~~)
Andy ~sganss
Mayor
ATTEST:
;Jw'O~
Lori A. Farwell, TRMC
City Secretary
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