Item 5ACITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 5, 2005
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss and Deputy Mayor Pro Tern
Carolyn Morris (arrived at 5:41 p.m.); and Councilmembers Laura K. Hill, Gregory
Jones, Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT: Mayor Pro Tern Keith Shankland.
STAFF PRESENT: City Manager Shana Yelverton, Interim Deputy City Manager
Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim
Bush, Manager of Information Systems Gary Gregg, Information Systems Technician
Sam Cobb, Audio Visual System Technician Pam Jordan, Director of Community
Services Malcolm Jackson, Director of Economic Development Greg Last, Director of
Finance Sharen Elam, Director of Human Resources Kevin Hugman, Director of
Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Safety Rick
Black, Chief of Fire Services Robert Finn, Interim Chief of Police Marlin Price, Chief of
Administration Garland Wilson, Director of Public Works Pedram Farahnak,
Construction Manager Clayton Redinger, City Attorney Tim Sralla, Deputy City
Secretary Tara Brooks and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at
5:33 p.m. City Council reviewed the agenda items with city staff and applicants. The
following agenda items were added to the consent agenda: 8A to table to the May 3, 2005
City Council meeting, 10A and lOB. The work session ended at 6:08 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called or order by Mayor
Wambsganss at 6:08 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced the City
Council would be going into Executive Session pursuant to the Texas Government Code,
Section 551.071, consultation with city attorney, and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 6:08 p.m. Executive Session began at 6:40 p.m. and ended at 7:22 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:26 p.m. The Mayor asked if there was any action necessary as a result of the
Executive Session. There was no action necessary.
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Agenda Item No. 3 Invocation. The invocation was given by Mike Beaugh from
Southlake Boulevard Presbyterian Church. Mayor Wambsganss led the pledge of
allegiance.
Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming
meetings and events. The Mayor presented a proclamation to C.D. Peebles and Penny
Pannell in honor of National Library Week.
Agenda Item No. 4B. City Manager's Report. No report was given.
Agenda Item No. 4C. SPIN Board Report. Jan Francis announced upcoming meetings
and events.
Agenda Item No. 4D. Library Board Report. A written report was included in City
Council's packet.
Agenda Item No. 4E. Park and Recreation Board Report. Elaine Cox announced
upcoming meetings and events. Rosemary Hutchins announced the winners of the Arbor
Day Poetry Contest sponsored by Keep Southlake Beautiful. All the winners were from
Laurie Gavins 6 th grade class at Eubanks Intermediate School. The awards were
presented to Alex Koszarek, Stephanie Todd, Audrey Defferari and Bailey Callahan,
honorable mention; Even Plenenos, third place; Tyler Arkes, second place and Ryan
Jones, first place. The Best Overall award was presented to Conner Reynolds who read
his poem, "The Warrior in the Tree."
Agenda Item No. 4F. Local Business Report. Director Last introduced Ricky Hadzovic
from Broadway Pizza who introduced his business to Council.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion.
Agenda Item No. 5A. Approve the minutes for the March 15, 2005, regular City Council
meeting. Approved as presented.
Agenda Item No. 5B. Ordinance No. 886, 1 St Reading, an ordinance canceling the May 7,
2005, General Election and declaring each unopposed candidate elected to office; and
providing an effective date. Approved as presented.
Agenda Item No. 5C. Authorize the Mayor to execute a Residential Developer's
Agreement for St. Emilion Subdivision, a 14 -lot development, located on the north side
of East Highland Street approximately 650' west of Sunshine Lane. Construction
Manager Redinger presented this item to Council during the work session.
Agenda Item No. 5D. Authorize the Mayor to execute a compromise and settlement
aureement with Architectural Utilities Limited Partnershib d /b /a AUI General
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Contractors vs. City of Southlake, Texas vs. HNTB Corporation, and American Insurance
Compan. Approved as discussed in Executive Session.
Agenda Item No. 5E. Approve the revised Conflict of Interest Affidavit. Assistant to the
City Manager Thatcher presented this item to Council during the work session. City
Attorney Sralla made the following changes:
• The fourth paragraph should read, "I have a substantial interest because, I, my
spouse or a person or persons related to me within the first degree of
consanguinity or affinity have the following relationship to the business entity or
real property which will likely be affected by the vote on the above - referenced
agenda item: (check all which are applicable)."
The second check mark area should read, "Ownership of 10% or more or $5,000
or more of the fair market value of the business entity."
Agenda Item No. 5F. Authorize the Mayor to enter into a contract with Euless B &B
Wrecker Service for provision of police pulls and for removal of vehicles from city
streets and highways as a result of an accident, mechanical disability, or when requested
by the Department of Public Safety_ Approved as presented.
Agenda Item No. 5G. Resolution No. 05 -008, (ZA04 -090), Specific Use Permit for a
telecommunications antenna located on Lot 1R, Block 1, Carroll High School Addition
located at 1501 West Southlake Boulevard. Current Zoning: S -P -1 Detailed Site Plan
District. SPIN Neighborhood #16. The applicant requested to table this item to the May
3, 2005 City Council meeting.
Agenda Item No. 5H. Resolution No. 05 -020, Accept settlement with TXU Electric
Delivery. Approved as presented. In accordance with Section 4.21 of the City Charter,
the caption for this term is listed as follows:
RESOLUTION ABATING SHOW -CAUSE AND ACCEPTING SETTLEMENT WITH
TXU ELECTRIC DELIVERY.
Agenda Item No. 5I. Consider excusing members of the City Council and of the Planning
and Zoning Commission for absences from meetings. Mayor Wambsganss presented this
item to Council. Mayor Wambsganss was absent from the March 15, 2005 City Council
meeting and Vice - Chairman Debra Edmondson was absent from the March 17, 2005
Planning and Zoning Commission meeting.
Agenda Item No. 8A. Ordinance No. 480 -451, 1 st Reading (ZA04 -101), Zoning Change
for Tracts IAIA2 and 1AIA2D, B.J. Foster Survey, Abstract No. 519. The property is
located on the north side of Gifford Court, approximately 300 feet east of Randol Mill
Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single
Family Residential District. SPIN Neighborhood 912. The applicant requested to table
this item to the May 3, 2005 City Council meeting.
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Agenda Item No. 10A. Authorize the Mayor to execute a Tennis Center Management
Agreement with Roxy Tennis, L.L.C., dba " Southlake Tennis Center." Director Jackson
presented this item to Council during the work session. Stephen and Mia Poorman, 228
Canyon Lake Drive, Southlake answered Council's questions.
Agenda Item No. lOB. Approve the proposed recognition signage for Bob Jones Park
batting cages Director Jackson presented this item to Council during the work session.
Motion was made to approve consent agenda items 5A; 513; 5C; 513; 5E, with changes to
the fourth paragraph to read, "I have a substantial interest because, I, my spouse or a
person or persons related to me within the first degree of consanguinity or affinity have
the following relationship to the business entity or real property which will likely be
affected by the vote on the above - referenced agenda item: (check all which are
applicable)" and the second check mark area to read, "Ownership of 10% or more ore
$5,000 or more of the fair market value of the business entity. "; 51 5G tabling to May 3,
2005, at the request of the applicant; 5H; 5I excusing the absences of Mayor
Wambsganss from the March 15, 2005 City Council meeting and Debra Edmondson
from the March 17, 2005 Planning and Zoning Commission meeting; 8A tabling to May
3, 2005 at the request of the applicant; 10A; and 1013.
Motion: Muzyka
Second: Terrell
Ayes: Jones, Hill, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
REGULAR AGENDA:
Agenda Item No. 6. Public Forum.
Will deWaal, 2106 Woodbine Circle, Southlake, of Pulte Homes discussed issues relating
to residential construction trash containment.
Jason Chavez of Consolidated Construction Services asked Council to review the
Franchise Agreement with Trinity Waste in regards to building construction hauling.
Agenda Item No. 7A. Ordinance No. 480 -452, 2nd Reading (ZA04 -103), Zoning Change
and Concept Plan for Tract 1A2, Lakin H. Chivers Survey, Abstract No. 300; proposed
Lots 1 -9, Brentwood Addition. The property is located at 2055 North White Chapel
Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF -30 Single
Family Residential District. SPIN Neighborhood #5. Chief Planner Killough presented
this item to Council in conjunction with agenda item no. 7B. Applicants David McMahan
and Tom Matthews, Four Peaks Acquisition, Inc., answered Council's questions relating
to fencing. In accordance with Section 4.21 of the City Charter, the caption for this term
is listed as follows:
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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 1A2, SITUATED IN THE LARKIN H. CHIVERS SURVEY,
ABSTRACT NO. 300, BEING APPROXIMATELY 8.681 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT `A' FROM `AG'
AGRICULTURAL DISTRICT TO `SF -30' SINGLE FAMILY RESIDENTIAL
DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE
ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480 -552, 2 nd Reading, (ZA04 -103) subject
to Concept Plan Review Summary No. 5, March 30, 2005 with the following
amendments: requiring the entrance wall on the west side to be made of stone and either
be 6 feet in height or with a 3 feet berm and a 4 '/z feet fence of stone and can have some
breaks with wrought iron fencing; requiring the fencing on the north, south and east sides
be a minimum 6 feet high, made of cedar, board on board with capped construction
similar to the exhibit provided at tonight's meeting and have stone columns that match
the west wall at a minimum spacing of 32 feet on center; requiring the CCRs address
maintenance of the fencing; requiring fencing between the lots and approximately
perpendicular to the street have a minimum requirement of 6' dog -eared wood fencing;
requiring any fencing between the houses that is visible from and approximately parallel
to the street be wrought iron; and eliminating the street stub.
Motion: Terrell
Second: Jones
Ayes: Jones, Hill, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7B. ZA04 -104, Preliminary Plat for proposed Lots 1 -9, Brentwood
Addition, described as Tract 1A2, Lakin H. Chivers Survey, Abstract No. 300. The
property is located at 2055 North White Chapel Boulevard. Current Zoning: AG
Agricultural District. Proposed Zoning: SF -30 Single Family Residential District. SPIN
Neighborhood #5. Chief Planner Killough presented this item to Council in conjunction
with agenda item no. 7A. Applicant David McMahan, Four Peaks Acquisition, Inc.
answered Council's questions.
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Motion was made to approve ZA04 -104, Preliminary Plat for proposed Lots 1 -9,
Brentwood Addition subject to Plat Review Summary No. 5, March 30, 2005;
eliminating the street stub and limiting the development to a maximum of nine lots.
Motion: Terrell
Second: Jones
Ayes: Jones, Hill, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Auenda Item No. 7C. ZA05 -008. Site Plan for Feedstore BBO & More located at 530
South White Chapel Boulevard. Current Zoning: S -P -1 Detailed Site Plan District. SPIN
Neighborhood #14. Chief Planner Killough presented this item to Council. Applicant
Bill Lafavers, 620 South White Chapel Boulevard, Southlake, answered Council's
questions. Mayor Wambsganss opened the public hearing and read comment cards from
the following people who did not wish to speak:
William Tennyson, 1416 Micah Way, Keller, Texas, in support.
Donna Tennyson, 1416 Micah Way, Keller, Texas, in support.
Mark Lafavers, 1200 North Carroll Avenue, Southlake, Texas, in support.
Mayor Wambsganss closed the public hearing.
Motion was made to approve ZA05 -008, Site Plan for Feedstore BBQ & More, subject to
Site Plan Review Summary No. 2, March 11, 2005 granting the requested variance to
allow 100 percent cement board on the enclosure areas to match the existing building
material and eliminating the outside seating as shown.
Motion: Terrell
Second: Jones
Ayes: Jones, Hill, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Resolution No. 05 -019. (ZA05 -009)_ SDecif c Use Permit to allow a tent for the burbose
Of bromotina retail sales at 325 Commerce Street. Current Zoning: I -1 Light Industrial
District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council.
Applicant Kim Cameron, 2890 Market Loop, Southlake, answered Council's questions.
In accordance with Section 4.21 of the City Charter, the caption for this term is listed as
follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A TENT FOR THE PURPOSE
OF PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, LOCATED AT 325 COMMERCE STREET, BEING
LEGALLY DESCRIBED AS LOT 3, BLOCK A, COMMERCE BUSINESS PARK,
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS
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DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 05 -019, as presented, allowing the signage
as shown, and requiring the permit to be issued by the building services department.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Hill, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 8B. Ordinance No. 480 -453, 1 st Reading (ZA05 -010), Concept Plan for
proposed Lots 1 -9, Block 1, The Pavilion at Southlake; being Tracts 2A2, IA, IAl, and
IAIA, W. R. Eaves Survey, Abstract No. 500; and Zoning Change specifically for Tracts
IA, IAl, and IAIA located on the south side of West Southlake Boulevard where it
intersects with Meadowlark Lane. Current Zoning: C -3 General Commercial District and
AG Agricultural District. Requested Zoning: C -3 General Commercial District. SPIN
Neighborhood #16. Chief Planner Killough presented this item to Council. Applicants
Phillip Bressink, 200 Swallow Drive, Southlake; F.C. Levrier; Dean Lackey, 401 Timber
Lake Way, Southlake; and Rick Byrd, 112 Woodglen Court, Southlake answered
Council's questions. Council discussed the time issues, architecture and landscaping.
Motion was made to approve Ordinance No. 480 -453, 1 st Reading, Concept Plan for
proposed Lots 1 -9, Block 1, The Pavilion at Southlake and Zoning Change for Tracts IA,
IAl, and IAIA subject to Concept Plan Review Summary No. 2, March 30, 2005,
including the P &Z recommendations; adding that a plan showing the type of landscape
that will be planted in the bufferyard on the south side of the property be brought to the
next meeting; requiring recommendations concerning the hours of operation be presented
at the next meeting, requiring the architectural styles of the buildings be similar to the
rendering presented at tonight's meeting; requiring the entry feature be complete before
the opening of the soccer facility.
Motion:
Terrell
Second:
Jones
Ayes:
Jones, Hill, Morris, Muzyka, Terrell, Wambsganss
Nays:
None
Approved:
6 -0
Agenda Item No. 11A. 50 Anniversary Planning Committee. Director Last presented
this item to Council during the work session.
Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
10:09 P.M.
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*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Andy Wambsganss
Mayor
ATTEST:
Tara A. Brooks
Deputy City Secretary
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