Item 5A (2)CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 6, 2004
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT Mayor Pro Tern W. Ralph Evans, Deputy Mayor Pro
Tern Rex Potter, and Councilmembers Carolyn Morris, Keith Shankland, Greg
Standerfer, and Tom Stephen (arrived at 6:11 p. m).
CITY COUNCIL ABSENT Mayor Andy Wambsganss.
STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana
Yelverton, Executive Secretary Kim Bush, Assistant to the City Manager John Eaglen,
Audio Visual System Technician Pam Jordan, Information Systems Technician Sam
Cobb, Deputy Director of Community Services Steve Polasek, Senior Parks Planner
Chris Carpenter, Director of Economic Development Greg Last, Director of Finance
Sharen Elam, Director of Human Resources Kevin Hugman, Director of Planning Bruce
Payne, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Director of
Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas,
Deputy City Secretary Tara Brooks, City Attorney Tim Sralla, and City Secretary Lori
Farwell.
WORK SESSION The work session was called to order by Mayor Pro Tern Evans at
5:34 p.m.
City Council reviewed the agenda items with city staff and applicants. Agenda items 8A,
813, 9A, 10A, and IOB were added to the consent agenda. The work session ended at 6:26
p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order The regular session was called to order by Mayor Pro
Tern Evans at 6:26 p.m.
Agenda Item No. 2A. Executive Session Mayor Pro Tern Evans announced that the City
Council would be going into Executive Session pursuant to the Texas Government Code,
Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding
real property; Section 551.073, deliberation regarding prospective gift; Section 551.074,
deliberation regarding personnel matters; Section 551.076, deliberation regarding security
devices; Section 551.087, deliberation regarding economic development negotiations;
Section 418.183(f) Texas Disaster Act; and Section 418.106(d) & (e), local meetings to
discuss emergency management plans regarding pipeline safety. City Council adjourned
for Executive Session at 6:26 p.m. Executive Session began at 6:41 p.m. and ended at
7:08 p.m.
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Agenda Item No. 2B. Reconvene Mayor Pro Tern Evans reconvened the regular meeting
at 7:14 p.m. The Mayor Pro Tern asked if there was any action necessary as a result of the
executive session. No action was necessary.
Agenda Item No. 3. Invocation The invocation was given by Mike Brisky from Gateway
Church. Mayor Pro Tern Evans led the audience in the Pledge of Allegiance.
Agenda Item No. 4A. Mayor's Report Mayor Pro Tern Evans announced upcoming
meetings and events.
Agenda Item No. 4B. City Manager's Report City Manager Campbell introduced City
Engineer Thomas who gave Council an update on the bids received today for the
construction of South Kimball Avenue and Continental Boulevard.
Agenda Item No. 4C. SPIN Report: A written report was given to Council.
Agenda Item No. 4D. Library Report: A written report was given to Council.
Agenda Item No. 4E. Park and Recreation Board Report. Boardmember Liz Durham
made a presentation on upcoming meetings and events to Council.
Agenda Item No. 4F. Local Business Report. Director Last introduced local business
owner, Ruben Reynosa of Sandella's Restaurant, who introduced his restaurant 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. Variance to the Subdivision Ordinance No. 483, Section No.
4.01(I)2 (Plat Expiration), as amended, extending the validity of Case No. ZA02 -028,
Plat Revision for Lots 7R1 & 7R2, Simmons Forest Addition. Senior Planner Killough
presented this item to Council during the work session.
Agenda Item No. 8A. Ordinance No. 480 -433, 1s Reading (ZA03 -094) Zoning Change
and Site Plan for Blue Haven Pools on property located at 1621 East Southlake
Boulevard on the southwest corner of East Southlake Boulevard and Miron Drive.
Current Zoning: C -2 Local Retail Commercial District. Requested Zoning: S -P -1
Detailed Site Plan District with C -2 Local Retail Commercial District uses. SPIN
Neighborhood #8 . Senior Planner Killough presented this item to Council during the
work session. Engineer Tim Welch of Welch Engineering, 4109 Cagle Drive, Suite D,
North Richland Hills, Texas, and Architect Rick Martin, 3303 Huntington Drive,
Colleyville, Texas, answered Council's questions. Mr. Welch agreed to eliminate the
following C -2 uses: cleaning, dying, and pressing works; laundry and laundromats; and
tires, batteries, and automobile accessory sales.
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Agenda Item No. 8B. Ordinance No. 480 -434, 1s Reading (ZA04 -010) Zoning Change
for 345 West Bob Jones Road located on the south side of West Bob Jones Road,
approximately 1,200 feet west of North White Chapel Boulevard. Current Zoning: AG
Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN
Neighborhood #1. Senior Planner Killough presented this item to Council during the
work session.
Agenda Item No. 9A. Resolution No. 04 -020, Amending City of Southlake personnel
policies to adopt a policy regulating protected health information as required by the
Health Insurance Portability and Accountability Act (HIPAA). Director Hugman
presented this item to Council during the work session. In accordance with Section 4.21
of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, AMENDING CITY OF SOUTHLAKE PERSONNEL POLICIES TO ADOPT
A POLICY REGULATING PROTECTED HEALTH INFORMATION AS REQUIRED
BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
(HIPAA) OF 1996.
Agenda Item No. 10A. Matching funds request from Southlake Girl's Softball
Association (SGSA ) for purchase and construction of batting cages at Bob Jones Park
Deputy Mayor Pro Tern Potter presented this item to Council during the work session.
Agenda Item No. lOB. Consider SPO4 -050, Variance to Sign Ordinance No. 704 -A, for
Southlake Corners located at 200 North Kimball Avenue. Senior Planner Killough
presented this item to Council during the work session. Applicant Prudence Berry of the
Archon Group and Architect Henry Quaid of the Richmond Group answered Council's
questions. Council discussed this request and agreed to the signs as requested with the
exception of reducing the height of the sign on State Highway 114 to 25 feet.
Motion was made to approve Items 5A; 8A as approved by the Planning and Zoning
Commission and eliminating the following C -2 uses: cleaning, dying, and pressing
works; laundry and laundromats; and tires, batteries, and automobile accessory sales; 813;
9A; 10A; IOB reducing the monument sign on State Highway 114 to 25 feet.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen
Nays: None
Approved: 6 -0
REGULAR AGENDA
Agenda Item No. 6. Public Forum Karen Newell, 2701 Pilgrim Place, Bedford, Texas,
thanked Council for their support of the ARTSNET organization, formerly known as the
Arts Council of Northeast Tarrant County.
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Agenda Item No. 7A. Ordinance No. 861, 2nd Reading, Amending Chapter 10 of the City
Code and providing provisions regarding high grass and weeds. Deputy Director Polasek
presented this item to Council. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 10, (WEEDS, BRUSH,
RUBBISH, ETC.) OF THE ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS,
REGARDING THE MOWING OF GRASS, WEEDS AND VEGETATION AND THE
REMOVAL OF RUBBISH, BRUSH OR ANY OTHER UNSIGHTLY OR
UNSANITARY MATTER FROM PROPERTIES; PROVIDING EXCEPTIONS;
AMENDING NOTICE AND ABATEMENT PROCEDURES; AMENDING THE
PROCEDURES FOR THE PLACEMENT OF A LIEN ON PROPERTIES FOR COSTS
INCURRED TO ABATE NUISANCES; 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. 861, 2 Reading, amending Chapter 10 of
the City Code and providing provisions regarding high grass and weeds.
Motion: Standerfer
Second: Shankland
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen
Nays: None
Approved: 6 -0
Agenda Item No. 7B. Ordinance No. 480 -432, 2 Reading (ZA03 -085) Zoning Change
and Site Plan for East Southlake 91, Ltd., on property located at 900 East Southlake
Boulevard; approximately 1,100 feet west of North Carroll Avenue. Current Zoning: AG
Agricultural District. Requested Zoning: S -P -1 Detailed Site Plan District with 0-1
Office District uses. SPIN Neighborhood #10. Senior Planner Killough presented this
item to Council. Architect Skip Blake, 1202 South White Chapel Boulevard, Southlake,
Texas, and property owner Dr. Angelo Mendez, 1344 Lakeview, Southlake, Texas,
answered Council's questions. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS
OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY
DESCRIBED AS TRACT 3132, SITUATED IN THE W.W. HALL SURVEY,
ABSTRACT NO. 695, AND BEING APPROXIMATELY 1.94 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH
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"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 -432, 2nd Reading (ZA03 -085) Zoning
Change and Site Plan for East Southlake #1, Ltd., as approved on 1 st reading with
clarification that the masonry fence on the west will extend north to the street stub of
Cross Lane in the Foxborough subdivision; and that if the property to the north is
developed residentially, the masonry fence along the west may be removed back to the
north property line of this site and the 8 foot wood fence shown on the site plan shall be
replaced by an 8 foot masonry fence along the property lines adjacent to the developing
residential property; and not requiring the applicant to turn off the parking lot lights at
8:00 P.M.
Motion: Standerfer
Second: Shankland
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen
Nays: None
Approved: 6 -0
Agenda Item No. 7C. Ordinance No. 704 -B, 2nd Reading, Amendment to the Sign
Ordinance Senior Planner Killough presented this item to Council. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 704 -A, THE COMPREHENSIVE
ORDINANCE REGULATING SIGNS WITHIN THE CITY LIMITS OF
SOUTHLAKE, TEXAS; PROVIDING FOR FINDINGS AND PURPOSES FOR THE
ADOPTION OF THIS ORDINANCE; PROVIDING FOR AMENDED DEFINITIONS;
PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR
THE ISSUANCE AND REVOCATION OF SIGN PERMITS; PROVIDING FOR THE
REMOVAL OF SIGNS; PROVIDING FOR APPEALS AND VARIANCES;
PROVIDING FOR LIMITATIONS ON THE LOCATION, SETBACK, HEIGHT, SIZE,
LIGHTING AND OTHER REGULATIONS OF SIGNS; PROHIBITING CERTAIN
SIGNS; PROVIDING FOR EXEMPT SIGNS; ALLOWING NONCOMMERCIAL
(IDEOLOGICAL) COPY ON SIGNS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
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SEVERABIL,ITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
IN PAMPHLET FORM; 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. 704 -B, 2 " Reading, amendment to the Sign
Ordinance.
Motion: Standerfer
Second: Potter
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen
Nays: None
Approved: 6 -0
Auenda Item No. 7D. ZA04 -012. Revised Site Plan for Gatewav Plaza_ Phase II. on
property located on the west side of North Nolen Drive approximately 250 feet north of
East Southlake Boulevard. Current Zoning: S -P -2 General Site Plan District. SPIN
Neighborhood #7. Senior Planner Killough presented this item to Council. Applicant
Terry Wilkinson of Wyndham Properties, 751 West Southlake Boulevard, Southlake,
Texas, answered Council's questions.
Councilmember Stephen stated he may have a conflict of interest on this item and
recused himself from the meeting.
No one spoke during the public hearing.
Motion was made to approve ZA04 -012, Revised Site Plan for Gateway Plaza, Phase II,
subject to Site Plan Review Summary No. 1, dated March 12, 2004, granting requested
variances.
Motion: Standerfer
Second: Potter
Ayes: Evans, Morris, Potter, Shankland, Standerfer
Nays: None
Abstains: Stephen
Approved: 5 -0 -1
Auenda Item No. 7E. ZA04 -011. Plat Revision for Gatewav Plaza. Phase II. on brobert
located on the northeast corner of East Southlake Boulevard and North Nolen Drive.
Current Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #7. Senior Planner
Killough presented this item to Council. Applicant Terry Wilkinson of Wyndham
Properties, 751 West Southlake Boulevard, Southlake, Texas, was present to answer
Council's questions.
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Motion was made to approve ZA04 -011 subject to Plat Review Summary No. 1, dated
February 27, 2004.
Motion: Potter
Second: Standerfer
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen
Nays: None
Approved: 6 -0
Agenda Item No. 7F. Resolution No. 04 -023 (ZA04 -016) Specific Use Permit for the sale
of alcoholic beverages at X's and O's, A Sporting Tavern, on property located at 1239
Main Street in Southlake Town Square. Current Zoning: DT Downtown District. SPIN
Neighborhood #8. Senior Planner Killough presented this item to Council. Applicant
Brian Elliott, 201 Pine Drive, Southlake, Texas, answered Council's questions. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC
BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
BEING 1239 MAIN STREET, LEGALLY DESCRIBED AS A PORTION OF LOT 4,
BLOCK 1R, SOUTHLAKE TOWN SQUARE, PHASE 1, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE
APPROVED SITE 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. 04 -023 (ZA04 -016) Specific Use Permit for
the sale of alcoholic beverages at X's and O's, A Sporting Tavern, as approved by the
Planning and Zoning Commission.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen
Nays: None
Approved: 6 -0
Agenda Item No. 11A. Drainage issues in Pin Oak Estates. Applicant Tom Mathews of
Four Peaks Development, 726 Commerce Street, Southlake, Texas, presented this item to
Council. Council discussed this item with Mr. Mathews.
Agenda Item No. 12. Meeting adjourned Mayor Pro Tem Evans adjourned the meeting at
8:35 p.m.
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*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
W. Ralph Evans
Mayor Pro Tern
ATTEST:
Lori A. Farwell, TRMC
City Secretary
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