Item 5ACITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 4, 2005
LOCATION 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tem Keith Shankland,
Deputy Mayor Pro Tem 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, Office Manager/Public Information Officer Kim Bush, Manager of Technical Services
Gary Gregg, Audio Visual System Technician Sam Cobb, Library Administrator Kerry
McGeath, Interim Director of Community Services Steve Polasek, Director of Economic
Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources
Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of
Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Construction
Manager Clayton Redinger, City Attorney Tim Sralla, and City Secretary Lori Farwell.
WORK SESSION The work session was called to order by Mayor Wambsganss at 5:37 p.m.
City Council reviewed the agenda items with city staff and applicants. The following items were
added to the consent agenda: 7H to table to the October 18, 2005, City Council meeting and IOB.
The work session ended at 5:56 p.m.
REGULAR SESSION
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:56 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 city attorney and Section 551.087, deliberation regarding economic
development negotiations. City Council adjourned for Executive Session at 5:56 p.m. Executive
Session began at 6:10 p.m. and ended at 6:44 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:55
p.m. Mayor Wambsganss asked if any motion was necessary from executive session. No action
was necessary.
Agenda Item No. 3. Invocation. The invocation was given by Mayor Pro Tenn Shankland.
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. 4B. City Manager's Report. No report was given.
Agenda Item No. 4C. Parks and Recreation Board Report. Elaine Cox updated Council on
upcoming Parks and Recreation Board events and meetings.
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 September 20, 2005, regular City Council
meeting Approved as presented.
Agenda Item No. 5B. Authorize the Mayor to execute an Interlocal Agreement between the City
of Colleyville and the City of Southlake for water, refuse, and recyclables collection and billing
of sanitary sewer services on behalf of Colleyville for the Timarron Village H, Phase 3,
Subdivision. Approved as presented.
Agenda Item No. 5C. ZA05 -092, Plat Revision for Lots 1R1 and 1R2, Block B, Briarwood
Estates Phase I, being a replat of Lot 1, Block B, Briarwood Estates Phase I, located on the west
side of Cherry Lane, approximately 250 feet north of State Highway 114. Current Zoning: MF -1
Two Family Residential District. SPIN Neighborhood #6. Chief Planner Killough presented this
item to Council during the work session.
Agenda Item No. 5D. Consider SP05 -252, Variance to Sign Ordinance No. 704 -B for
RadioShack, located in Village Center at 2140 East Southlake Boulevard, Suite K. Chief Planner
Killough presented this item to Council during the work session.
Agenda Item No. 5E. 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 This item
was tabled to the October 18, 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. Commissioners Debra Edmondson and Donald
Coonan were absent from the September 22, 2005 Planning and Zoning Commission meeting.
Agenda Item No. 7H. Consider SP05 -258, Conditional Sign Permit for the Shops of Southlake
located at the southeast corner of East Southlake Boulevard and South Carroll Avenue This item
was tabled to the October 18, 2005 City Council meeting. Deputy Mayor Pro Tem Morris and
Councilmember Terrell agreed to meet with the developer of this project prior to the next
meeting to discuss sign options.
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Agenda Item No. lOB. Consider SP05 -223, Variance to Sign Ordinance No. 704 -B for
Clearview Eyecare and Laser Center, located at 2100 East State Highway 114. Chief Planner
Killough presented this item to Council during the work session.
Motion was made to approve consent agenda items 5A; 513; 5C subject to Plat Review Summary
No. 2 dated September 16, 2005; 513; 5E to table to the October 18, 2005 City Council meeting;
5F to excuse Debra Edmondson and Donald Coonan from the September 22, 2005 Planning and
Zoning Commission meeting; 7H to table to the October 18, 2005 City Council meeting; and
I OB.
Motion:
Jones
Second:
Shankland
Ayes:
Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays:
None
Approved:
7 -0
REGULAR AGENDA:
Agenda Item No. 6. Public Forum. No one spoke during Public Forum.
Agenda Item No. 7A. ZA05 -086, Site Plan for Lot 3, Players Circle Addition, located on the
south side of West Southlake Boulevard at the intersection of West Southlake Boulevard and
Meadowlark Lane. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #16.
Chief Planner Killough presented this item to Council. Architect Robert Garza of RPGA
Architects answered Council's questions. After a discussion with Council, the applicant asked to
table this request until the next meeting to allow himself time to address Council's concerns
regarding the proposed screening wall.
Motion was made to table this item to the October 18, 2005 City Council meeting.
Motion:
Shankland
Second:
Muzyka
Ayes:
Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays:
None
Approved:
7 -0
Auenda Item No. 7B. Ordinance No. 480 -466. 2nd Reading (ZA05 -051)_ Zoning Chanize and
Concept Plan for Oak Pointe Phase 2, being Lots 4 and 5, Joel W. Chivers No. 350 Addition,
located at 2660 Ridizecrest Drive. Current Zoning AG Auricultural District. Reauested Zoning:
SF -20A Single Family Residential District. SPIN Neighborhood 93. Chief Planner Killough
presented this item to Council in conjunction with item 7C. Applicant Kosse Maykus, 722
Edward Court, Southlake, Texas, answered Council's questions. 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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1G3, SITUATED IN THE J. CHIVERS SURVEY, ABSTRACT NO. 350, BEING
APPROXIMATELY 1.035 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -20A" SINGLE
FAMILY RESIDENTIAL DISTRICT 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.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480 -466, 2nd Reading (ZA05 -051), Zoning Change
and Concept Plan for Oak Pointe Phase 2, subject to Concept Plan Review Summary No. 3,
dated September 2, 2005, and subject to the applicant's agreement that the south property line
will have wrought iron fencing for approximately 174 feet (lot 16) with the remaining portion to
be wood fencing (lot 15).
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Aizenda Item No. 7C. ZA05 -077. Plat Showing for brobosed Oak Pointe Phase 2. beiniz Lots 4
and 5, Joel W. Chivers Survey, No. 350 Addition, located at 2660 Ridgecrest Drive. Current
Zoning: AG Agricultural District. Reauested Zoniniz: SF -20A Single Familv Residential District.
SPIN Neighborhood 93. Chief Planner Killough presented this item to Council in conjunction
with item 7B.
Motion was made to approve ZA05 -077, Plat Showing for proposed Oak Pointe Phase 2 subject
to Plat Review Summary No. 3, dated September 2, 2005.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 7D. Ordinance No. 480 -467, 2nd Reading (ZA05 -079), Zoning Change and Site
Plan for Lot 13R2, F. Throop No. 1511 Addition, located at 1301 North Carroll Avenue on the
northeast corner of North Carroll Avenue and East Highland Street. Current Zoning: CS
Community Service District. Requested Zoning: S -P -1 Detailed Site Plan District with 0-1
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Office District uses. SPIN Neighborhood #5. Chief Planner Killough presented this item to
Council in conjunction with item 7E. Applicant Chris Farris of Vaughan Realty Group made a
presentation and answered Council's questions. 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 A
PORTION OF LOT 13, F. THROOP NO. 1511 ADDITION, BEING APPROXIMATELY 0.88
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"CS" COMMUNITY SERVICE DISTRICT 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 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 -467, 2nd Reading (ZA05 -079), Zoning Change
and Site Plan for Lot 13R2, F. Throop No. 1511 Addition subject to Site Plan Review Summary
No. 2, dated September 2, 2005, and subject to City Council's approval on first reading.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 7E. ZA05 -088, Plat Revision for Lots 13R1 and 13R2, F. Throop No. 1511
Addition, being a replat of Lot 13, F. Throop No. 1511 Addition. The site is approximately 14.8
acres and is located on the northeast corner of the intersection of North Carroll Avenue and East
Highland Street. Current Zoning: CS Community Service District. Requested Zoning: S -P -1
Detailed Site Plan District with 0-1 Office uses. SPIN Neighborhood #5. Chief Planner Killough
presented this item to Council in conjunction with item 7D.
Motion was made to approve ZA05 -088, Plat Revision for Lots 13R1 and 13R2, F. Throop No.
1511 Addition subject to Plat Review Summary No. 2, dated September 2, 2005, and subject to
the recommendations of the Planning and Zoning Commission.
Motion: Terrell
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Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 7F. ZA05 -095, Site Plan for the Shops at Southlake located at the southeast
corner of East Southlake Boulevard and North Carroll Avenue. Current Zoning: S -P -2 General
Site Plan District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council
in conjunction with item 7G. Applicant David Palmer, 3102 Maple Avenue, Dallas, Texas made
a presentation and answered Council's questions. Council's discussion included the acoustic
wall, the trash compactor, rear building elevations, types of site lighting, trees, and building
elevations.
Councilmember Terrell wanted to make it clear that any approval tonight does not include any
signs shown on the renderings. The approval of signs has been tabled until the next Council
meeting.
Mayor Wambsganss opened the public hearing.
Thomas Drake, 1212 Westmont Drive, Southlake, Texas, spoke in favor of portions of the plan
and in opposition to other portions. He discussed the design and timing of construction of the
acoustic wall, site lighting, line of sight from his home to the back of the building in terms of
rear building elevations, cleanliness of the trash compactor, and how the noise is measured to
determine if the wall is meeting the requirements of the noise ordinance.
Leslie Akers Griffith, 1210 Westmont Drive, Southlake, Texas, thanked Council for reviewing
this request in detail and stated her concern regarding the gap at the bottom of the acoustic wall.
Mayor Wambsganss closed the public hearing.
The Council discussed the issue of where noise would be measured in order to determine if it
meets the requirements of the noise ordinance. City Attorney Sralla stated that the most
reasonable interpretation of the noise ordinance would be that noise would be measured
anywhere on the adjoining property rather than right behind the wall.
Council discussed burying site utilities including those currently along FM 1709. Mr. Palmer
agreed that he would work with staff to bury site utilities including those along FM 1709 if it
were not for prohibitive costs.
Motion was made to approve ZA05 -095, Site Plan for the Shops at Southlake subject to the
recommendations of the Planning and Zoning Commission; subject to Site Plan Review
Summary No. 3, dated September 16, 2005, but specifically not granting the variance to the
metal halide lights at the requested areas; requiring lighting to comply with Downtown District
regulations (higher lighting must be metal halide, decorative lower lighting to be high pressure
sodium); requiring a decorative end on the 14' wall along Carroll Avenue; trash compactor to be
of a similar color as the building; requiring the southern elevation of the fiEB building to have
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enhancements through articulation, reveals through uses of EIFS or other similar material along
the top 3' to 4' of the building; requiring the developer to work with the city to continue to study
burying the utilities along FM 1709; and the developer will make every effort to build the
acoustic wall along the southern boundary as soon as reasonably possible.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 7G. Variance to the Noise Ordinance No. 778 as it pertains to certain
commercial operations of the proposed retail center known as the Shops at Southlake located at
the southeast corner of East Southlake Boulevard and South Carroll Avenue Chief Planner
Killough presented this item in conjunction with item 7F.
Motion was made to deny the variance to the Noise Ordinance No. 778 as it pertains to certain
commercial operations of the proposed retail center known as the Shops at Southlake located at
the southeast corner of East Southlake Boulevard and South Carroll Avenue.
Motion: Shankland
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Vote: 7 -0 (to deny)
Auenda Item No. 7I. Ordinance No. 891. 2nd Reading_ Officiallv chanizina the street name of
"Chapel Downs Drive West" located west of North White Chapel Boulevard to "West Chapel
Downs Drive" and officiallv chanaina the street name of "Chapel Downs Drive" located east of
North White Chapel Boulevard to "East Chapel Downs Drive Director Baker 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 CHANGING THE NAME OF "CHAPEL DOWNS DRIVE WEST"
LOCATED TO THE WEST OF WHITE CHAPEL BOULEVARD TO "WEST CHAPEL
DOWNS DRIVE" AND CHANGING THE NAME OF "CHAPEL DOWNS DRIVE"
LOCATED TO THE EAST OF WHITE CHAPEL BOULEVARD TO "EAST CHAPEL
DOWNS DRIVE ", FURTHER DESCRIBED IN EXHIBIT "A "; PROVIDING A
SEVERABIL,ITY CLAUSE; AND PROVIDING FOR THE REPEAL OF INCONSISTENT
ORDINANCES.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 891, 2nd Reading, Officially changing the street
name of "Chapel Downs Drive West" located west of North White Chapel Boulevard to "West
Chapel Downs Drive" and officially changing the street name of "Chapel Downs Drive" located
east of North White Chapel Boulevard to "East Chapel Downs Drive."
Motion: Jones
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Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Aizenda Item No. 10A. ZA05 -074. Preliminary Plat for The Reserve at Southlake bein
approximately 30 acres located on the west side of Sunshine Lane, approximately 2269 feet
north of East Highland Street. Current Zoniniz: SF-IA Single Familv Residential District. SPIN
Neighborhood #5. Chief Planner Killough presented this item to Council. Applicant Matt
Robinson answered Council's questions.
Motion was made to approve ZA05 -074, Preliminary Plat for The Reserve subject to Plat
Review Summary No. 3, dated September 2, 2005 and subject to the recommendations of the
Planning and Zoning Commission.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 10C. Consider any action related to Hurricane Katrina issues. There was no
action taken on this item.
Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 10:07
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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