Item 5ACITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 6, 2005
LOCATION 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT Mayor Andy Wambsganss (arrived at 6:32 p.m.), Mayor Pro
Tern Keith Shankland, Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K.
Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT None.
STAFF PRESENT City Manager Shana Yelverton, Assistant to the City Manager Ben
Thatcher, Manager of Technical Services Gary Gregg, Audio Visual System Technician Pam
Jordan, Library Administrator Kerry McGeath, Deputy Director of Community Services Steve
Polasek, Economic Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Director of
Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis
Killough, Interim Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn,
Chief of Police Services Wade Goolsby, Director of Public Works Pedram Farahnak, Deputy
Director of Public Works Charlie Thomas, Public Works Operations Manager Chuck Kendrick,
City Attorney E. Allen Taylor, and City Secretary Lori Farwell.
WORK SESSION The work session was called to order by Mayor Pro Tern Shankland at 5:33
p.m. City Council reviewed the agenda items with city staff and applicants. The following items
were added to the consent agenda: 813, 10A, lOB and IOC (10F, 10G, lOH, and 10I were also
added to the consent agenda during the regular session). The work session ended at 5:52 p.m.
REGULAR SESSION
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Pro Tern
Shankland at 5:52 p.m.
Agenda Item No. 2A. Executive Session. Mayor Pro Tern Shankland announced 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 5:52 p.m. Executive
Session began at 6:10 p.m. and ended at 6:54 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:04
p.m. Mayor Wambsganss asked if any motion was necessary from executive session. No motion
was made.
Agenda Item No. 3. Invocation. The invocation was given by David Whitington from Christ Our
King Church. Mayor Wambsganss led the pledge of allegiance.
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Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and
events.
Agenda Item No. 4A1. Proclamation for Polycystic Kidney Disease Awareness Month Mayor
Wambsganss presented the proclamation to Carolyn Morris and Carolyn McLean.
Councilmember Morris announced the Tarrant County Walk for PKD will be held in Southlake
Town Square on September 17, 2005.
Agenda Item No. 4A2. Proclamation for Miss Rodeo Texas, Beth Murphy. Mayor Wambsganss
presented the proclamation to Beth Murphy for recognition of winning the Miss Rodeo Texas
title in June 2005.
Agenda Item No. 4B. City Manager's Report. Shana Yelverton announced the Texas Chapter of
the American Planning Association (APA) has selected the City of Southlake to receive its 2005
Comprehensive Plan Award for the development of the Southlake 2025 Land Use & Mobility
Plan.
Agenda Item No. 4131. Economic Development — Shopping and Dining Guide. Economic
Development Specialist Wagoner presented the new Shopping and Dining Guide to Council.
Agenda Item No. 4C. Library Board Report. A written report was included in Council's packet.
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 August 16, 2005, special work session and
regular City Council meeting and the August 23 and 30, 2005, City Council budget work
sessions Approved as presented.
Agenda Item No. 5B. Resolution No. 05 -041, amendment to the interlocal agreement between
the County of Tarrant, County of Denton, State of Texas, City of Keller, Town of Westlake, and
City of Southlake to reflect Tarrant County's agreement to contribute funds toward the
engineering cost for FM 1938 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,
AMENDING THE INTERLOCAL AGREEMENT BETWEEN DENTON COUNTY,
TARRANT, COUNTY, CITY OF KELLER, TOWN OF WESTLAKE, AND THE CITY OF
SOUTHLAKE TO REFLECT TARRANT COUNTY'S AGREEMENT TO CONTRIBUTE
FUNDS TOWARDS ENGINEERING AND SURVEY AND COMPLETELY DESCRIBED IN
EXHIBIT "A."
Agenda Item No. 5C. Authorize the Mayor to execute a commercial developer's agreement for
Lakeside Presbyterian Church, a 7.0135 -acre tract located at 2701 West Southlake Boulevard.
Approved as presented.
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Agenda Item No. 5D. Ordinance No. 480 -BBB, 2nd Reading, An amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the
Transition District. This item will be tabled to the September 20, 2005, City Council meeting.
Item No. 5E. Ordinance No. 480 -CCC_ 2nd Reading_ An amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the
Rural Conservation Subdivision District. This item will be tabled to the September 20, 2005 City
Council meeting.
Agenda Item No. 5F. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings. Mayor Pro Tern Shankland and
Councilmember Jones were absent from the August 16, 2005 City Council meeting.
Commissioner Al Morin was absent from the August 18, 2005 Planning and Zoning Commission
meeting.
Agenda Item No. 8B. Ordinance No. 530 -13, 1s Reading, Amending City Code, Chapter 4,
"Animals ", Section 4 -98, "Procedures, Fees, Length of Stay, Redemption, and Disposal
Policies," creating a presumption that if an animal impounded by the Department of Public
Safety remains unclaimed by the owner for more than seven (7) days is presumed abandoned and
may be adopted without previous owner recourse. City Manager Yelverton presented this item to
Council during the work session.
Agenda Item No. 10A. Award bid for the construction of 2005 Pavement Management
Application (PMA) streets, sidewalks, and drainage improvements to Reynolds Asphalt and
allow construction phase contingencies. Director Farahnak presented this item to Council during
the work session.
Agenda Item No. IOB. ZA05 -078, Plat Revision for proposed Lots 2R1 and 2R2, Block 4,
Cornerstone Business Park; being a replat of Lot 2R, Block 4, Cornerstone Business Park,
located at the northwest corner of the intersection of South Nolen Drive and Exchange
Boulevard. Current Zoning: I -1 Light Industrial District. SPIN Neighborhood #7 Chief Planner
Killough presented this item to Council during the work session.
Agenda Item No. IOC. Consider SP05 -218, Variance to Sign Ordinance No. 704 -B for Dinner's
Ready located at 2757 East Southlake Boulevard, Suite 100. Chief Planner Killough presented
this item to Council during the work session. Applicants Susan and Andrew Landow, 275 East
Southlake Boulevard, Southlake, Texas, answered Council's questions. Council approved with a
maximum letter height of 24- inches and allowing the sign to be centered within the lease space.
Agenda Item No. 10F. Consider Amendment Number One to Development Agreement with
SLTS Grand Avenue, L.P. for public improvements to property within Reinvestment Zone
Number One, City of Southlake. City Manager Yelverton presented this item to Council.
Agenda Item No. 10G. Consider First Amendment to Parking Garage Property Operating
Agreement with Town Square Ventures, L.P., Town Square Ventures II, L.P., SLTS Grand
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Avenue, L.P., and Southlake Town Square Association, Inc. City Manager Yelverton presented
this item to Council.
Agenda Item No. IOH. Consider Amendment Number One to Economic Development Program
Agreement with SLTS Grand Avenue, L.P. City Manager Yelverton presented this item to
Council City Manager Yelverton presented this item to Council.
Agenda Item No. 10I. Consider Tri -Party Agreement between Inland Western Retail Real Estate
Trust Inc., SLTS Grand Avenue, L.P., and the City of Southlake, Texas. City Manager Yelverton
presented this item to Council City Manager Yelverton presented this item to Council.
Motion was made to approve consent agenda items 5A; 513; 5C; 5D to table to the September 20,
2005, City Council meeting; 5E to table to the September 20, 2005, City Council meeting; 5F to
excuse Mayor Pro Tern Shankland and Councilmember Jones from the August 16, 2005 City
Council meeting and Commissioner Al Morin from the August 18, 2005 Planning and Zoning
Commission meeting; 813; 10A; lOB; IOC with a maximum letter height of 24- inches and
allowing the sign to be centered within the lease space; IOF; IOG; IOH; and 10I.
Motion: Shankland
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
REGULAR AGENDA:
Agenda Item No. 6. Public Forum. No one spoke.
Agenda Item No. 7A. Consider placing a proposal to adopt a tax rate increase and hold a public
hearing on the tax rate on the agenda of the September 20, 2005 regular City Council meeting_
Director Elam presented this item to Council.
No one spoke during the public hearing.
Motion was made to approve Agenda Item No. 7A, consider placing a proposal to adopt a tax
rate increase and hold a public hearing on the tax rate on the agenda of the September 20, 2005
regular City Council meeting.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 713. Approval of Southlake Crime Control and Prevention District FY 2005 -06
Operating Budget and multi -year CIP. Director Elam presented this item to Council.
No one spoke during the public hearing.
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Motion was made to approve Southlake Crime Control and Prevention District FY 2005 -06
Operating Budget and multi -year CIP.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 7C. Ordinance No. 889, 1 St Reading, Annual budget for FY 2005 -06 and
revised budget figures for FY 2004 -05 and multi -year Capital Improvement Projects. Director
Elam presented this item to Council.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 889, 1 St Reading, Annual budget for FY 2005 -06,
revised budget figures for FY 2004 -05, and multi -year Capital Improvement Projects.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 7D. Ordinance No. 890, 1St Reading, Tax levy ordinance. Director Elam
presented this item to Council.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 890, 1 St Reading, Tax levy ordinance.
Motion: Shankland
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Auenda Item No. 7E. Ordinance No. 480 -465. 2nd Reading (ZA05 -062). Zoning Chance and Site
Plan for Noble Oaks Offices (f.k.a. Offices at Carroll Oaks) located at 1550 South Carroll
Avenue. Current Zoning: SF -20A Single Family Residential District. Requested Zoning: SP-1
Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #8. Chief Planner
Killough presented this item to Council. In accordance with Section 4.21 of the City Charter, the
caption for this term 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
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2A, SITUATED IN THE J.W. HALE SURVEY, ABSTRACT NO. 803, BEING
APPROXIMATELY 1.2 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "SF -20X" SINGLE FAMILY RESIDENTIAL DISTRICT TO "S -P -1"
DETAILED SITE PLAN DISTRICT WITH LIMITED "O -1" OFFICE DISTRICT USES, AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480 -465, 2nd Reading (ZA05 -062), Zoning Change
and Site Plan for Noble Oaks Offices subject to the recommendations of the Planning and
Zoning Commission, approval of City Council on first reading, and subject to Site Plan Review
Summary No. 3, dated July 15, 2005.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Auenda Item No. 7F. Ordinance No. 480 -442a_ 2nd Reading (ZA05 -072). Zoniniz Chance and
Site Plan for West Hill Place (f.k.a. Westwood Office Park) located at 3100 West Southlake
Boulevard. Current Zoning: S -P -1 Detailed Site Plan District with 0-1 Office District uses.
Reauested Zoning: S -P -1 Detailed Site Plan District with 0-1 Office District uses. SPIN
Neighborhood 915. Chief Planner Killough presented this item to Council. In accordance with
Section 4.21 of the City Charter, the caption for this term 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 LOTS
5R7R1, 5R7R2, & 5R7R3, BLOCK 3, CIMMARRON ACRES ADDITION, BEING
APPROXIMATELY 2.176 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT WITH "O -1" OFFICE
DISTRICT USES TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "O -1" OFFICE
DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO
AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
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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 -442a, 2nd Reading (ZA05 -072), Zoning Change
and Site Plan for West Hill Place, subject to the recommendations of the Planning and Zoning
Commission, approval of City Council on first reading, and subject to Site Plan Review
Summary No. 1, dated July 1, 2005.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 7G. ZA05 -073, Site Plan for Lot 3R, Block 5, Cornerstone Business Park,
located at 415 South Nolen Drive. Current Zoning: S -P -2 Generalized Site Plan District. SPIN
Neighborhood #7. Chief Planner Killough presented this item to Council. Applicant Larry
Burchett, 1112 La Paloma, Southlake, Texas, answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA05 -073, Site Plan for Lot 3R, Block 5, Cornerstone Business
Park, subject to the recommendations of the Planning and Zoning Commission and subject to
Site Plan Review Summary No. 3, dated August 12, 2005, and accepting the applicant's
commitment to make the overhead door on the south side the same color as the stucco.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Councilmember Jones recused himself from voting on Agenda Item No. 7H because he had
preliminary conversations with Cooper and Stebbins regarding building an office within this area
of Town Square.
Agenda Item No. 7H. ZA05 -075, Revised Concept Plan for Lot 2, Block 19 and Lot 2, Block 22,
Southlake Town Square, located at the northeast corner of Carroll Avenue and East Southlake
Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Chief Planner
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Killough presented this item to Council. Applicant Brian Stebbins made a presentation and
answered Council's questions
Council discussed this request and gave their thoughts on future development and site planning
of this property.
No one spoke during the public hearing.
Motion was made to approve ZA05 -075, Revised Concept Plan for Lot 2, Block 19 and Lot 2,
Block 22, Southlake Town Square, subject to the recommendations of the Planning and Zoning
Commission
Motion:
Terrell
Second:
Shankland
Ayes:
Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays:
None
Abstains:
Jones
Approved:
6 -0 -1
Agenda Item No. 7I. ZA05 -080, Revised Site Plan for Southlake Corners — Retail Building `H",
being legally described as Lot 2A, Block 1, Farrar Addition, located at 260 North Kimball
Avenue. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #8. Chief
Planner Killough presented this item to Council. The applicant was not present to answer
questions so this item was tabled by Council.
No one spoke during the public hearing.
Motion was made to table ZA05 -080, Revised Site Plan for Southlake Corners — Retail Building
"H ", being legally described as Lot 2A, Block 1, Farrar Addition, to the September 20, 2005 City
Council meeting.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Mayor Wambsganss called for a break at 8:49 p.m.
Mayor Wambsganss reconvened the meeting at 9:12 p.m.
Agenda Item No. 8A. Ordinance No. 480 -464, 1 st Reading (ZA05 -050), Zoning Change and Site
Plan for Baylor Family Health Center at Southlake, located on the south side of East Southlake
Boulevard, approximately 550 feet east of Byron Nelson Parkway. Current Zoning: 0-1 Office
District. Requested Zoning: S -P -1 Detailed Site Plan with limited 0-1 Office District uses. SPIN
Neighborhood #9E. Chief Planner Killough presented this item to Council. Applicant Jason
Cignor, Cirrus Group, 1700 Pacific Avenue, Dallas, Texas, made a presentation to Council and
answered Council's questions. Property owner John Drews answered Council's questions.
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Motion was made to approve Ordinance No. 480 -464, 1 st Reading (ZA05 -050), Zoning Change
and Site Plan for Baylor Family Health Center at Southlake, subject to the recommendations of
the Planning and Zoning Commission and City Council's further recommendations, noting the
applicant has indicated that a cross parking agreement is expected to be reached with the
adjacent property owners, and subject to Site Plan Review Summary No. 4, dated August 31,
2005.
The City Council tabled this item at the August 16, 2005 meeting with the following suggestions
being given to the applicant:
• renderings and color elevations that better represent the building materials and the
proposed landscaping in front of the building should be provided and clearly label
materials to be used for the facade and roof,
• superimpose the site plan on an aerial that clearly demonstrates the tree areas to be
preserved;
• identify all trees on -site including the smaller caliper trees along the creek. Indicate
which trees are to be saved (green), which trees will be lost (red) and which are marginal
(yellow);
• provide reciprocal parking agreement; and,
• provide building material examples.
Motion:
Terrell
Second:
Jones
Ayes:
Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays:
None
Approved:
7 -0
Auenda Item No. IOD. Consider SP05 -220. Variance to Sian Ordinance No. 704 -B for 24 -Hour
Fitness located at 301 North Nolen Drive. Chief Planner Killough presented this item to Council
in conjunction with item 10E. Applicant Lisa Fenley, Director of Marketing — Central/Midwest
Division, 5100 Belt Line Road, Dallas, Texas, answered Council's questions. Council discussed
various signage options with Ms. Fenley.
Motion was made to approve SP05 -220, Variance to Sign Ordinance No. 704 -B for 24 -Hour
Fitness located at 301 North Nolen Drive no earlier than September 15 and no later than
November 16 allowing a banner sign that complies with the city ordinance for a maximum of 45
days and not approving any of the other requested variances.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 10E. Consider SP05 -225, Variance to Sign Ordinance No. 704 -B for 24 -Hour
Fitness located at 2315 East Southlake Boulevard, Suite 110. Chief Planner Killough presented
this item to Council in conjunction with item IOD. Applicant Lisa Fenley, Director of Marketing
— Central/Midwest Division, 5100 Belt Line Road, Dallas, Texas answered Council's questions.
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Motion was made to deny SP05 -225, Variance to Sign Ordinance No. 704 -B for 24 -Hour Fitness
located at 2315 East Southlake Boulevard, Suite 110.
Motion: Jones
Second: Terrell
Ayes: Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: Jones
Approved: 6 -1
Agenda Item No. 10J. Consider any action related to Hurricane Katrina issues. Mayor
Wambsganss and City Manager Yelverton updated the Council on relief efforts for the victims of
Hurricane Katrina. No action was taken on this item.
Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 10:25
p.m.
!'An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Andy Wambsganss
Mayor
ATTEST:
Lori A. Farwell, TRMC
City Secretary
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