2007-04-03 Regular CC Meeting
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: APRIL 3, 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: Eric Hulet, Grace Community Church
3. Update on sidewalk construction initiative
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 subiect matter of this City Council meeting.
1. Section 551.071: Consultation with attorney
a. Seek advice of the city attorney regarding legal issues with
establishing utility installation policies.
b. Seek advice of the city attorney regarding oil and gas drilling
ordinance.
C. Seek advice of the city attorney regarding TIRZ reimbursement
issues.
2. Section 551.087: Deliberation regarding economic development
negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Proclamation for National Library Week
B. City Manager's Report
C. Local Business Report
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City of Southlake
City Council meeting agenda
April 3, 2007
Page 2 of 7
D. Parks and Recreation 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 March 20, 2007, regular City Council meeting.
B. Excuse a member of the Planning and Zoning Commission for an absence from a
meeting.
C. Ordinance No. 906, 1St Reading, canceling the May 12, 2007, General Election
and declaring each unopposed candidate elected to office; and providing an
effective date. (If approved on first reading, the public hearing will be held on
April 17, 2007.)
D. Approve SPDC Matching Funds request in the amount of $30,000 from the
Southlake Girls Softball Association for Bob Jones Park Softball Complex
Improvements.
E. Award bid to Quality Excavation, LTD, for Noble Oaks Park Pond Improvements
including add alternates for a total amount of $97,870.
F. Approve a lease agreement extension for an additional sixty days for property
located at 315 and 379 Shady Oaks Lane.
G. ZA07-021, Plat Revision for La Mirada, located at 1925 Peytonville Avenue.
Current Zoning: R-PUD Residential Planned Unit Development District. SPIN
Neighborhood #11.
H. Ordinance No. 480-PPP, 1St Reading, Amendment to the Comprehensive Zoning
Ordinance, Section 43, General Development Standards, Masonry Requirements.
(If approved at first reading, the public hearing will be held April 17, 2007.)
1. Ordinance No. 557-A, 1St Reading, Amendment to the Masonry Ordinance,
Section 2, Definitions of masonry material. (If approved at first reading, the
public hearing will be held April 17, 2007.)
J. Ordinance No. 480-520, 1St Reading, (ZA07-024), Zoning Change and Concept
Plan for Lot 14, H. Granberry No. 581 Addition, located at 440 and 480 South
White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested
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City of Southlake
City Council meeting agenda
April 3, 2007
Page 3 of 7
Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #14. (If
approved at first reading, the public hearing will be held April 17, 2007.)
K. Consider SP07-097, Variance to Sign Ordinance No. 704-C for the Shops of
Southlake development sign located at 1251 East Southlake Boulevard at the
intersection of South Carroll Avenue.
L. Approve the Comprehensive Annual Financial Report for the period ending
September 30, 2006.
M. Ordinance No. 480-LLL, 2„ d Reading, An 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 HAS BEEN TABLED
TO THE MAY 15, 2007, CITY COUNCIL MEETING.
N. Ordinance No. 480-492, 1St Reading, (ZA06-045), Zoning Change for a portion of
Lot 1, Block 1, Arnold Estates, at 1275 Shady Oaks Drive with access through
520 West Highland Street. Current Zoning: RE Single Family Residential Estate
District. Requested Zoning: SF-IA Single Family Residential District. SPIN
Neighborhood #11. THIS ITEM HAS BEEN TABLED TO THE MAY 15,
2007, CITY COUNCIL MEETING.
0. ZA06-046, Plat Revision for proposed Lot 2B2AR, Block 1, Burnett Acres
Addition; being a revision of a portion of Lot 1, Block 1, Arnold Estates Addition
and Lot 2B2A, Block 1, Burnett Acres Addition, located at 520 West Highland
Street and 1275 Shady Oaks Drive. Current Zoning: RE Single Family Residential
Estate District and SF-IA Single Family Residential District. Proposed Zoning:
SF-1A Single Family Residential District. SPIN Neighborhood #11. THIS ITEM
HAS BEEN TABLED TO THE MAY 15, 2007, CITY COUNCIL
MEETING.
REGULAR AGENDA
5. Public Forum.
6. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 898-A, 2nd Reading, Amend Ordinance No. 898, FY2006-07
Annual Budget. PUBLIC HEARING
B. ZA06-187, Site Plan for Masco Service Corporation, located at 1200 North
Kimball Avenue. Current Zoning: B-1 Business Service Park District. SPIN
Neighborhood #5. PUBLIC HEARING
C. Approve Right-of-way Encroachment Agreement for Masco Service Corporation.
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City of Southlake
City Council meeting agenda
April 3, 2007
Page 4 of 7
D. ZA06-023, Plat Showing for Lots 19 and 20, F. Throop No. 1511 Addition,
located at 1200 North Kimball Avenue. Current Zoning: B-1 Business Service
Park District. SPIN Neighborhood #5.
E. Ordinance No. 480-517, 2nd Reading (ZA07-004), Zoning Change and Concept
Plan for Image Business Park, located at 2301 Crooked Lane. Current Zoning: S-
P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site
Plan District. SPIN Neighborhood #7. PUBLIC HEARING
F. ZA07-026, Revised Site Plan for Carroll Senior High School, located at 1501
West Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District.
SPIN Neighborhood #16. PUBLIC HEARING
G. ZA07-027, Revised Site Plan for Durham Elementary School, located at 801
Shady Oaks Drive. Current Zoning: CS Community Service District. SPIN
Neighborhood #10. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-518, 1St Reading, (ZA06-174), Zoning Change and Site Plan
for St. John Baptist Church, located at 900 South Kimball Avenue. Current
Zoning: I-1 Light Industrial District. Requested Zoning: CS Community Service
District. SPIN Neighborhood #7. (If approved at first reading, the public hearing
will be held April 17, 2007.)
B. Ordinance No. 480-519, 1St Reading, (ZA06-190), Zoning Change and Concept
Plan for Lot 24, F. Throop No. 1511 Addition, located at 1497 East Dove Street.
Current Zoning: AG Agricultural District. Requested Zoning: SF-30 Single
Family Residential District. SPIN Neighborhood #5. (If approved at first reading,
the public hearing will be held April 17, 2007.)
C. Ordinance No. 907, 1" Reading, Amending Chapter 10, Article V, "Public
Smoking," of the Southlake City Code. (If approved at first reading, the public
hearing will be held April 17, 2007.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Consider SP07-096, Variance to Sign Ordinance No. 704-C for Curves for
Women, located at 1959 West Southlake Boulevard, Suite 120.
10. Other items for discussion: (There are no items on this agenda)
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City of Southlake
City Council meeting agenda
April 3, 2007
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, March 30, 2007, by 6:00 p.m., pursuant to the
Texas Government Code, Chapter 551.
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Lori A. Farwell TRMC = ~ s i
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;City Secretary =
If you plan to attend this public meeting't~r f a,isability 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.
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City of Southlake
City Council meeting agenda
April 3, 2007
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. 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.
2. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of
Southlake. March 2005.
3. Teresa Dreyer v. City of Southlake, Texas, et.al. September 2006.
4. 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.
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City of Southlake
City Council meeting agenda
April 3, 2007
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.
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OFFICIAL RECORD
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 3, 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 (arrived at 5:35 p.m.), and Councilmembers Laura K. Hill,
Gregory Jones (arrived at 5:50 p.m.), 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, Information Systems Technician Sam Cobb,
Library Administrator Kerry McGeath, Director of Community Services Steve Polasek, Deputy
Director of Community Services Chris Tribble, Director of Economic Development Greg Last,
Director of Finance Sharen Jackson, Chief of Fire Services Robert Finn, Chief of Police Services
Wade Goolsby, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker,
Chief Planner Dennis Killough, Director of Public Works Robert H. Price, City Attorney Tim
Sralla, 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 5:12 p.m.
Agenda Item No. 2. Invocation. Eric Hulet from Grace Community Church gave the invocation.
Mayor Wambsganss led the Pledge of Allegiance.
Agenda Item No. 4L. Approve the Comprehensive Annual Financial Report for the period
ending September 30, 2006. Shawn Parker with Weaver and Tidwell made a presentation to the
Council.
Agenda Item No. 3. Update on sidewalk construction initiative. Director Price and Director
Baker presented this item to Council.
Agenda Item No. 4. Discuss all items on tonight's meeting agenda. City Council reviewed the
consent agenda items with city staff. Item 4K was withdrawn by the applicant. Items 7B and 9A
were added to the consent agenda. The work session ended at 6:03 p.m.
REGULAR SESSION:
Ayzenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:03 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007
Page I of 9
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; and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 6:03 p.m. Executive Session began
at 6:25 p.m. and ended at 7:40 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:53
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.
Deputy Mayor Pro Tern Terrell made a presentation on behalf of the students from Sister City
Tome, Japan.
Agenda Item No. 3AL Proclamation for National Library Week. Mayor Wambsganss presented
a proclamation to Library Board members Lori Burr, Kim Roberts and Brenda Flores in honor of
National Library Week.
Agenda Item No. 3B. City Manager's Report. City Manager Yelverton reported on the SPIN
Home and Garden Energy Fair that was held last weekend.
Agenda Item No. 3C. Local Business Report. Director Last introduced Jeff Isler from Total
Concept Golf Academy who introduced his business to Council.
Agenda Item No. 3D. Parks and Recreation Board Report. Mike Mills updated Council on
upcoming park events and activities.
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 March 20, 2007, regular City Council
meeting. A presentation was not made on this item.
Agenda Item No. 4B. Excuse a member of the Planning and Zoning Commission for an absence
from a meeting. Al Morin was absent from the March 22, 2007, Planning and Zoning
Commission meeting.
Agenda Item No. 4C. Ordinance No. 906, 1St Reading, canceling the ME 12, 2007, General
Election and declaring each unopposed candidate elected to office; and providing an effective
date. A presentation was not made on this item.
Agenda Item No. 4D. Approve SPDC Matching Funds request in the amount of $30,000 from
the Southlake Girls Softball Association for Bob Jones Park Softball Complex Improvements. A
presentation was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007
Page 2 of 9
Agenda Item No. 4E. Award bid to Quality Excavation, LTD, for Noble Oaks Park Pond
Improvements including add alternates for a total amount of $97,870. A presentation was not
made on this item.
Agenda Item No. 4F. Approve a lease agreement extension for an additional sixty days for
property located at 315 and 379 Shady Oaks Lane. A presentation was not made on this item.
Agenda Item No. 4G. ZA07-021, Plat Revision for La Mirada, located at 1925 Peytonville
Avenue. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN
Neighborhood #11. A presentation was not made on this item.
Agenda Item No. 4H. Ordinance No. 480-PPP, 1St Reading, Amendment to the Comprehensive
Zoning Ordinance, Section 43, General Development Standards, Masonry Requirements. A
presentation was not made on this item.
Agenda Item No. 41. Ordinance No. 557-A, 1St Reading, Amendment to the Masonry Ordinance,
Section 2, Definitions of masonry material. A presentation was not made on this item.
Agenda Item No. 4J. Ordinance No. 480-520, 1St Reading, (ZA07-024), Zoning Change and
Concept Plan for Lot 14, H. Granberry No. 581 Addition, located at 440 and 480 South White
Chapel Boulevard. Current Zoning. AG Agricultural District. Requested Zoning: SF-IA Single
Family Residential District. SPIN Neighborhood # 14. A presentation was not made on this item.
Agenda Item No. 4K. Consider SP07-097, Variance to Sign Ordinance No. 704-C for the Shops
of Southlake development sign located at 1251 East Southlake Boulevard at the intersection of
South Carroll Avenue. This item was withdrawn by the applicant prior to the meeting.
Agenda Item No. 4L. Approve the Comprehensive Annual Financial Report for the period
ending September 30, 2006. Shawn Parker with Weaver and Tidwell presented this item during
the work session.
Agenda Item No. 4M. Ordinance No. 480-LLL, 2nd Reading, An 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 was tabled to the May 15, 2007, City
Council meeting.
Agenda Item No. 4N. Ordinance No. 480-492, 1St Reading, (ZA06-045), Zoning Change for a
portion of Lot 1 Block 1 Arnold Estates at 1275 Shady Oaks Drive with access through 520
West Highland Street. Current Zoning: RE Single Family Residential Estate District. Requested
Zoning: SFA A Single Family Residential District. SPIN Neighborhood #11. This item was
tabled to the May 15, 2007, City Council meeting.
Agenda Item No 40. ZA06-046 Plat Revision for proposed Lot 2B2AR, Block 1, Burnett
Acres Addition-, being a revision of a portion of Lot 1 Block 1 Arnold Estates Addition and Lot
2132A Block 1 Burnett Acres Addition located at 520 West Highland Street and 1275 Shady
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007
Page 3 of 9
Oaks Drive. Current Zoning: RE Single Family Residential Estate District and SF-lA Single
Family Residential District. Proposed Zoning: SF-lA Single Family Residential District. SPIN
Neighborhood #11. This item was tabled to the May 15, 2007, City Council Meeting.
Agenda Item No. 7B. Ordinance No. 480-519, 1St Reading(ZA06-190), Zoning Chan
Concept Plan for Lot 24, F. Throop No. 1511 Addition, located at 1497 East Dove. Street.
Current Zoning: AG Agricultural District. Requested Zoning: SF-30 Single Family Residential
District. SPIN Neighborhood #5. A presentation was not made on this item.
Agenda Item No. 9A. Consider SP07-096, Variance to Sign Ordinance No. 704-C for Curves for
Women, located at 1959 West Southlake Boulevard, Suite 120. Chief Planner Killough
presented this item to Council during the work session. Applicant, Jeff Volt, 220 South Park
Trail, Southlake, Texas answered Council's questions.
Motion was made to approve consent agenda items 4A; 4B to excuse Al Morin from the March
22, 2007, Planning and Zoning Commission meeting; 4C; 41); 4E; 417; 4G subject to Plat Review
Summary No. 1, dated March 15, 2007; 414; 41; 4J subject to Concept Plan Review Summary
No. 3, dated March 16, 2007; 4K to withdraw; 41,; 4M to table to the May 15, 2007, City
Council meeting; 4N to table to the May 15, 2007, City Council meeting; 40 to table to the May
15, 2007, City Council meeting; 7B subject to Concept Plan Review Summary No. 3, dated
March 16, 2007; and 9A increasing the maximum letter height to 18 inches.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum.
Thomas Drake, 1212 Westmont Drive, Southlake, Texas, spoke regarding the Shops of
Southlake development.
Chuck Blucher, 1218 Westmont Drive, Southlake, Texas, spoke regarding the Shops of
Southlake development.
Jane Cravens, 304 Lakeside Court, Southlake, Texas, spoke regarding the Shops of Southlake
development.
Agenda Item No 6A Ordinance No. 898-A 2°d Reading Amend Ordinance No. 898, FY20067
07 Annual Budget. Mayor Wambsganss introduced this item. In accordance with Section 4.21
of the City Charter, the caption for this item is listed as follows:
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007
Page 4 of 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
REVISING BUDGET FIGURES FOR FISCAL YEAR 2006-07 BEGINNING OCTOBER 1,
2006, AND TERMINATING SEPTEMBER 30, 2007, AND MAKING APPROPRIATIONS
FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING
ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 898-A, 2"d Reading.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6B. ZA06-187, Site Plan for Masco Service Corporation, located at 1200
North Kimball Avenue. Current Zoning: B-1 Business Service Park District. SPIN
Neighborhood #5. Chief Planner Killough presented this item to Council in conjunction with
items 6C and 6D. Applicant, Shane Bostick, made a presentation and answered Council's
questions. Ian Frederickson of Hughes and Luce LLP spoke regarding the encroachment
agreement. After discussing this item, Mr. Bostick requested to table to the April 17, 2007, City
Council meeting.
Motion was made to table this item to the April 17, 2007, City Council meeting.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6C. Approve Right-of-way Encroachment Agreement for Masco Service
Corporation. Chief Planner Killough presented this item to Council in conjunction with items
6B and 6D. Applicant, Shane Bostick, requested to table this item to the April 17, 2007, City
Council meeting.
Motion was made to table this item to the April 17, 2007, City Council meeting.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6D. ZA06-023 Plat Showing for Lots 19 and 20, F. Throop No. 1511
Addition located at 1200 North Kimball Avenue. Current Zoning: B-1 Business Service Park
District. SPIN Neighborhood #5. Chief Planner Killough presented this item to Council in
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007
Page 5 of 9
conjunction with items 6B and 6C. Applicant, Shane Bostick, requested to table this item to the
April 17, 2007, City Council meeting.
Motion was made to table this item to the April 17, 2007, City Council meeting.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6E. Ordinance No. 480-517, 2°d Reading (ZA07-004), Zoning Chan egeand
Concept Plan for Image Business Park, located at 2301 Crooked Lane. Current Zoning S-P-2
Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN
Neighborhood #7. Director Baker presented this item to Council. Applicant, F.C. LeVrier,
answered Council's questions. Chief Finn answered questions regarding the streets. 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
1, GREEN MEADOW SUBDIVISION, AND BEING APPROXIMATELY 14.00 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2"
GENERALIZED SITE PLAN DISTRICT TO "S-P-2" GENERALIZED SITE PLAN
DISTRICT WITH LIMITED "I-1" LIGHT INDUSTRIAL 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
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.
Harry Ingalls, Assistant Superintendent of Operations for Carroll Independent School District,
addressed access to Dragon Stadium.
Mayor Wambsganss closed the public hearing.
Council discussed this item.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007
Page 6 of 9
Motion was made to approve Ordinance No. 480-517, 2nd Reading, (ZA07-004), Zoning Change
and Concept Plan for Image Business Park, noting the applicant's agreement to change the
public streets to named private streets that will be built to city standards; noting the proposed
wall, reflected on the plan, will be on a concrete base with concrete footings, as long as the
adjacent lot maintains its residential status; noting the applicant's agreement that the roof
materials and color hues will be consistent among the buildings; noting in place of the EFIS there
will be concrete stucco; allowing EFIS only on accent areas, as per City Code; noting the
detention pond will have masonry, terraced sides as described by the applicant and will be
surrounded by wrought iron fencing; granting requested variances; and subject to Concept Plan
Review Summary No. 4, dated March 8, 2007.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No 6F ZA07-026 Revised Site Plan for Carroll Senior High School, located at
1501 West Southlake Boulevard. Current Zoning_ S-P-1 Detailed Site Plan District. SPIN
Neighborhood #16. Chief Planner Killough presented this item to Council in conjunction with
item 6G. Applicant, Harry Ingalls, Assistant Superintendent of Operations of Carroll
Independent School District, answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA07-026, Revised Site Plan for Carroll Senior High School,
subject to the Planning and Zoning Commission recommendation and the staff report as
presented.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No 6G ZA07-027 Revised Site Plan for Durham Elementary School, located at
801 Shady Oaks Drive Current Zoning: CS Community Service District. SPIN Neighborhood
#10. Chief Planner Killough presented this item to Council in conjunction with item 6F.
Applicant, Harry Ingalls, Assistant Superintendent of Operations of Carroll Independent School
District, answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA07-027, Revised Site Plan for Durham Elementary School
subject to the Planning and Zoning Commission recommendation and the staff report as
presented.
Motion: Terrell
Second: Muzyka
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007
Page 7 of 9
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss called for a break at 9:50 p.m. Mayor Wambsganss reconvened the meeting
at 10:13 p.m.
Agenda Item No 7A Ordinance No. 480-518 1" Reading,_(ZA06-174), Zoning Change and
Site Plan for St John Baptist Church located at 900 South Kimball Avenue. Current Zoning: 1-1
Light Industrial District Requested Zoning: CS Community Service District. SPIN
Neighborhood #7. Chief Planner Killough presented this item to Council. Applicant, Brian
Avert with Graham and Associates, made a presentation and answered Council's questions.
Mayor Wambsganss allowed the public to speak.
Charles Griffith, 2718 York Court, Southlake, Texas, and President of the Cambridge Place
Homeowner's Association, discussed the sidewalks.
Rodney H. Johnson, 3610 Bentfield Place, Arlington, Texas, and member of the church,
discussed the tree and sidewalks.
John Wise, 717 Manchester Court, Southlake, Texas, discussed the tree and sidewalks.
Motion was made to approve Ordinance No. 480-518, 1St Reading (ZA06-174) Zoning Change
and Site Plan for St. John Baptist Church, noting review and recommendation by landscape
administrator prior to second reading; subject to the Planning and Zoning Commission
recommendation; granting requested variance for the ten percent reduction in parking; granting
the variance to stacking depth; granting the sidewalk variance subject to the applicant's
agreement to build the sidewalk to the southwest corner of the church's property and northward
to the north side of Brookshire Drive; and subject to Site Plan Review Summary No. 5, dated
March 27, 2007.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No 7C Ordinance No 907, 1" Reading Amending Chapter 10, Article V, "Public
Smoking," of the Southlake City Code. Director Baker presented this item to Council.
Mayor Wambsganss allowed the public to speak.
Scott Parizo, 1407 McCrae Trail, Southlake, Texas spoke in opposition.
Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas did not speak, but wrote a note
recording his concern for personal freedoms.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007
Page 8 of 9
Council discussed this item.
Motion was made to approve Ordinance No. 907, 1St Reading, as presented.
Motion: Jones
Second: Stansell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 11:15 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Andy Wambsganss
Mayor
ATTEST:
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Lori A. Farwell, TRMC
City Secretary do
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 3, 2007
Page 9 of 9
ace Vet ex-f- - Ae_ X1-3-0 7
0kY Counu-l Yoee-h, n
Mr. Mayor, honorable Council Members, I want apologize for not being able to attend
tonight's important meeting due to having to be out of town on work related business. I
would thank Ted for his willingness to read my letter to you all.
Some of you may have come to know me in the 10 years that I have lived in Southlake as
the board member from Grapevine Southlake Soccer Association who works with Steve
Polisck, Mike Reasoner, and the other fine folks at Parks and Recreation Department.
Others may remember me a coach in Southlake Baseball. Like many of you, our family
has seen many positive changes in our fine town in the past ten years.
This is a great place to live and I want it to continue to get better. I am writing you today
to insure that our fine city does not fall into the trap that many other cities have as they
grew. Our city cannot afford to become "soft" on enforcing the established ordinances.
For the past 10 years our family has lived in Southlake in the Oak Tree Estates
Subdivision on Forest Hills Drive. Never in these 10 years have I seen an instance where
a developer was permitted to develop a property that did not conform to established
ordinances. Regrettably the Shops of Southlake still is not up to "Southlake Standard" on
the following:
1. Rooftop screening
2. Screening for the rear of those buildings
3. The glare that exists at night in the residential properties that back to the
development from the too numerous, too tall, lights that are too bright.
4. The manufacturer tinted metal roof for the rear of Central Market which is
required by ordinance
5. The completion of the sidewalk to join the Oak Tree Estates section with the
Shops of Southlake section which is required.
The ordinances that you and your predecessors put in place to protect individual
homeowners and the over all good of the city was done so with this very situation in
mind. It is the cities legal obligation to prevent this and other developers from just
ignoring the cities established ordinances.
If the city fails to enforce established ordinances with the Shops of Southlake
development it would create a damaging precedence that you all would regret for many
years. What is to prevent the next developer from ignoring ordinances?
The violations that I have cited above must be corrected before the city issues any
completion certification documents to the developer the Shops of Southlake.
Joe Sansone, 1218 Forest Hills Drive, Southlake, TX 76092
HUGHES, LUCE LLP 1717 Main Street, Suite 2800
ATTORNEYS AND COUNSELORS Dallas, Texas 75201
214.939.5500
214.939.6100 fax
April 3, 2007 hughesiuce.com
]an P. Fredrickson
214.939.5460
Ian.Freddckson@hughesluce.con
Dennis Killough
City of Southlake
1400 Main Street
Southlake, TX 76092
Re: Encroachment Agreement pertaining to Masco Service Corp.'s dedication of land
to the City of Southlake
Dear : Mr. Killough,
This morning you asked me to explain why we must include a 25-year term in our
Encroachment Agreement with the City of Southlake. The purpose of the Encroachment
Agreement is to secure the owners ability to provide necessary parking for tenants of the
property while permitting dedication of the Encroachment Area to the City. While you
mentioned that the City anticipates making improvements to the Encroachment Area within
three years, it is vital that the owners be able to supply parking in this area until such
improvements are constructed.
The Agreement requires that the owners locate alternative parking upon termination. A
shorter term would accelerate this burden upon the owners and may create an untenable
business situation if alternative arrangements are not immediately identified. Tenants cannot
operate their business without adequate parking and it would advantage both the owners and
the City to allow the owners as much time as possible to obtain additional parking.
Once public improvements are made or if the area is needed for a public purpose, the
City shall have the ability to terminate the Agreement, according to its terms, upon 90 days'
written notice if any public use conflicts with the owners' use of the Area as long as such
termination is reasonable. These provisions afford ample protection of the City's interests.
The owners will be dedicating a sizable portion of land to the City for a trail system and
public right-of-way. The City has previously executed an Encroachment Agreement with a
25-year term, and we would like to be treated fairly based on what we are prepared to give to
the City. Thank you and I look forward to meeting you this evening.
Sincerely,
Ian P. Fredrickson
013529.00001:1026249.01
Masco Service Corp.
Encroachment Agreement Exhibit
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