Item 5ACITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 5, 2004
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tem Keith Shankland
and Deputy Mayor Pro Tem Carolyn Morris; and Councilmembers Gregory Jones, Virginia M.
Muzyka, and John Terrell.
CITY COUNCIL ABSENT Councilmember Laura K. Hill.
STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana Yelverton,
Executive Secretary Kim Bush, Library Administrator Kerry McGeath, Manager of Technical
Services Gary Gregg, Information Systems Technician Sam Cobb, Director of Community
Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Director of
Economic Development Greg Last, Director of Finance Sharen Elam, Director of Human
Resources Kevin Hugman, Interim Director of Planning Ken Baker, Senior Planner Dennis
Killough, Director of Public Safety Rick Black, Chief Building Official Paul Ward, Director of
Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to
the Director of Public Works Valerie Bradley, City Attorney E. Allen Taylor, Deputy City
Secretary Tara Brooks, and City Secretary Lori Farwell.
WORK SESSION The work session was called to order by Mayor Wambsganss at 5:31 p.m.
City Council reviewed the agenda items with city staff and applicants. Agenda items 8A to table
to the first meeting in November; 8C to table to October 19, 2004; 10A; 1013; 1OC; IOD to table
to October 19, 2004; 10E; IOF; 10G; and 101-1 were added to the consent agenda. The work
session ended at 6:30 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order The regular session was called to order by Mayor
Wambsganss at 6:30 p.m.
Agenda Item No. 2A. Executive Session Mayor Wambsganss announced that 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 6:30 p.m. Executive
Session began at 6:50 p.m. and ended at 7:25 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.
Motion was made to authorize the settlement in Marpave, Inc., vs. City of Southlake.
Motion: Jones
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Second:
Terrell
Ayes:
Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays:
None
Approved:
6 -0
Agenda Item No. 3. Invocation The invocation was given by Scott Berry from First Baptist
Church. Boy Scout Troop 402 presented the colors and led the audience in the Pledge of
Allegiance.
Agenda Item No. 4A. Mayor's Report Mayor Wambsganss announced upcoming meetings and
events and presented a proclamation to Joanne Hon for the Master Gardeners' contributions to
Liberty Garden. The Mayor also recognized the following people for their outstanding service to
the Liberty Garden: Dottie Woodson, Jackie Peel, Donna Haggerty, Debra Sanders, Dick and Pat
Oliver, Toni Hernandez, L.J. Williams, Janice Newbrand, Lou Milner, Barbara Munn, Scott
Wood, and Keep Southlake Beautiful Liberty Garden Committee Members — Rosemary
Hutchins, Wendi Carlucci, Emily Galpin, Debra Heath, Vicki Glover, John Shock, Mary Jean
Oman, Dorothy Wood, Jackie Phillips, Elizabeth McCracken, Liz Durham, Stephanie Talley,
Laura Flaherty, Kie Muzyka, Becky Gamble and Barbara Adkins. There was no one present to
receive the proclamation in honor of Relationship Violence Awareness Month. Councilmember
Jones recognized City employee Paul Ward for his outstanding service and dedication and for a
job well done.
Agenda Item No. 4B. City Manager's Report None.
Agenda Item No. 4C. SPIN Board Report: A written report was included in Council's packet.
Agenda Item No. 4D. Library Board Report: A written report was included in Council's packet.
Agenda Item No. 4E. Park and Recreation Board Report: Park Board member Cara White
announced upcoming and recent park activities.
Agenda Item No. 4F. Local Business Report: Director Last introduced local business owner,
Calvin Evanoff of The Boardroom — a Men's Salon, who presented his business to the Council.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion. The Mayor read the items into the record.
Agenda Item No. 5A. Approve minutes for the September 21, 2004, regular City Council
meeting. Approved as presented.
Agenda Item No. 5B. Authorize the City Manager to enter into an agreement for the purchase of
park property. City Manager Campbell presented this item to Council during the work session.
Agenda Item No. 5C. Approve an Interlocal Agreement for funding the Teen Court Program
between the cities of Southlake, Colleyville, and Grapevine. Director Elam presented this item to
Council during the work session.
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Agenda Item No. 8A. Ordinance No. 480 -446, (ZA04 -044), 1S Reading, Zoning Change and
Concept Plan for Kimball Estates located at 1470 North Kimball Avenue. Current Zoning: SF-
IA Single Family Residential District. Requested Zoning: SF -20A Single Family Residential
District. SPIN Neighborhood #5. The applicant requested to table this item to the first meeting in
November.
Agenda Item No. 8C. Ordinance No. 480 -448, (ZA04 -054), 1S Reading, Zoning Change and
Concept Plan for St. Emilion Subdivision located at 1580 East Highland Street; on the north side
of East Highland Street, approximately 650 feet west of Sunshine Lane, being approximately 17
acres. Current Zoning: AG Agricultural District. Requested Zoning: SF -30 Single Family
Residential District. SPIN Neighborhood #5. The applicant requested to table this item to
October 19, 2004.
Agenda Item No. 10A. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings City Council excused the absence of Mike
Springer from the September 23, 2004, Planning and Zoning Commission meeting.
Agenda Item No. lOB. ZA04 -065, Plat Revision for Lots 1 through 5, Block 5, Cornerstone
Business Park being a revision of Lots 1, 2R1, 3, 4 and 5, Block 5, Cornerstone Business Park, to
include Tracts 11E1 and 11F, Thomas Easter Survey, Abstract No. 474. The property is located
on the east side of South Nolen Drive, approximately 600 feet south of East Southlake
Boulevard. Current Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #7. Senior
Planner Killough presented this item to Council during the work session. Applicant Max
Kruegler answered Council's questions. Mr. Kruegler agreed to look at the possibility of
horizontal trenching in an effort to save more trees.
Agenda Item No. IOC. Consider SPO4 -210, Variance to Sign Ordinance No. 704 -B, Highland
Nails & Spa, located at 2125 West Southlake Boulevard, Suite 335 Senior Planner Killough
presented this item to Council during the work session. Applicant Steve Jesop, 1940 Forest
Road, Grapevine, answered Council's questions on this item.
Agenda Item No. IOD. Consider SPO4 -212, Amendment to Conditional Sign Permit for Gateway
Plaza Phase II, located at East Southlake Boulevard and Nolen Drive. The applicant requested to
table this item to October 19, 2004.
Item No. 10E. Consider SPO4 -223. Variance to Sian Ordinance No. 704 -13. Harris
Methodist Southlake, located at 1545 East Southlake Boulevard. Senior Planner Killough
presented this item, in conjunction with item IOF, to Council during the work session. Applicant
Frank Sapienza, 1411 Pegosa Trail, Carrollton, answered Council's questions. Mr. Sapienza
agreed to change the E3 sign on FM 1709 to include stone similar to their main sign on FM
1709.
Agenda Item No. IOF. Consider SPO4 -224, Conditional Sign Permit for a Directory and
Directional Signage System at Harris Methodist Southlake, located at 1545 East Southlake
Boulevard. Senior Planner Killough presented this item, in conjunction with item 10E, to
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Council during the work session. Applicant Frank Sapienza, 1411 Pegosa Trail, Carrollton,
answered Council's questions.
Agenda Item No. 10G. Consider SPO4 -229, Variance to Sign Ordinance No. 704 -13, Velocity
Sports Performance, located at 1800 East State Highway 114, Suite 102. Senior Planner Killough
presented this item to Council during the work session. Applicant Wayne Foster, 1206 Westgate,
Irving, answered Council's questions.
Agenda Item No. 10H. Consider Option #3 of the Joint Utilization Analysis Report. Deputy
Director Polasek presented this item to Council during the work session.
Motion was made to approve items 5A; 513; 5C; 8A to table to the first meeting in November; 8C
to table to October 19, 2004; 10A excusing the absence of Mike Springer who missed the
September 23, 2004, meeting; lOB as approved by the Planning and Zoning Commission and
requiring the applicant to work with staff to minimize the loss of trees and subject to Plat Review
Summary No. 4, dated September 17, 2004; IOC reducing the request to 24 square feet and
subject to the plan submitted at the October 5, 2004, City Council meeting; lOD to table to
October 19, 2004; 10E; lOF as requested but requiring sign E3 on FM 1709 to have a stone
accent similar to the main sign within 90 days; IOG; and IOH.
Motion: Terrell
Second: Morris
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Deputy Mayor Pro Tern Morris thanked all those who participated in the walk for PKD on
September 25.
REGULAR AGENDA:
Agenda Item No. 6. Public Forum Kelli Riley of the Southlake Lacrosse Association thanked
Council for their assistance during the State Championships and presented them with t- shirts.
Agenda Item No. 7A. Ordinance No. 880, 2nd Reading, Amendment to Chapter 9.5 -
Environment of the Southlake City Code to add Article IV "Gas and Oil Well Permits. Interim
Planner Baker presented this item to the Council. In accordance with Section 4.21 of the City
Charter, the caption for this term is listed as follows:
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, REGULATING THE
DRILLING AND PRODUCTION OF GAS AND OIL WELLS WITHIN THE CITY;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
No one spoke during the public hearing.
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Motion was made to approve Ordinance No. 880, 2nd Reading.
Motion: Terrell
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7B. Ordinance No. 881, 2nd Reading, Amendment to Section 12 -78 of Article
III, Park and Recreation Board Meetings and by -laws, of Chapter 12 of the Southlake City Code,
providing for revision to election of officers. Director Jackson 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 MODIFYING SECTION 12 -78 OF THE CITY CODE REGARDING THE
ELECTION OF OFFICERS OF THE PARK AND RECREATION BOARD, PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 881, 2 " Reading, allowing the Park Board to have
at this time new elections for officers.
Motion: Shankland
Second: Terrell
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7C. ZA04 -049, Site Plan for Guaranty Bank located at 415 East Southlake
Boulevard. Current Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #9W. Senior
Planner Killough presented this item to Council. No one spoke during the public hearing.
Motion was made to approve ZA04 -049 subject to Site Plan Review Summary No. 3, dated
September 17, 2004, and reducing the number of parking spaces on the site to twenty -two and
incorporating the items included in the Staff Report dated September 29, 2004.
Motion: Jones
Second: Terrell
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7D. Resolution No. 04- 069,(ZA04 -074), Specific Use Permit to Allow Outside
Sales and Service for the Pumpkin Patch located at 2171 East Southlake Boulevard. Current
Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #8. Senior Planner Killough
presented this item to Council. Applicants Derek Malone and Eric Buchanan, 2171 East
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Southlake Boulevard, 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 OUTDOOR SALES OR SERVICES ON
PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2171 E.
SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 3, J.A. FREEMAN
NO. 529 ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A,"
AND AS 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. 04 -069 (ZA04 -074) Specific Use Permit to allow
outside sales and service for the Pumpkin Patch located at 2171 East Southlake Boulevard
subject to the signage as shown and the time limits set in the applicant's letter.
Motion: Morris
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Auenda Item No. 7E. ZA04 -066. Revised Concept Plan for Southlake Town Sauare. The
property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase
I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior
Planner Killough presented this item to Council along with items 7F, 7G, 7H and 7I. Applicant
Brian Stebbins of Cooper and Stebbins made a presentation to Council and answered their
questions.
No spoke during the public hearing.
Motion was made to approve ZA04 -066, subject to the Concept Plan Review Summary No. 2,
dated September 17, 2004, and granting the requested variance to right -of -way width.
Motion: Terrell
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Auenda Item No. 7F. ZA04 -067. Site Plan for Southlake Town Sauare Grand Avenue District
The property is bounded by State Highway 114 on the north side and Southlake Town Square,
Phase I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood 98.
Senior Planner Killough presented this item to Council along with items 7E, 7G, 7H and 7I
Applicant Brian Stebbins made a presentation to Council and answered their questions.
Mayor Wambsganss opened the public hearing.
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Frank Bliss, 1008 Quail Run Road, Southlake, said they are reviewing the feasibility of omitting
one of the driveways that do not align south of this development.
Mayor Wambsganss closed the public hearing.
Motion was made to approve ZA04 -067, subject to Site Plan Review Summary No. 2, dated
September 17, 2004; granting the requested variances to driveway spacing and stacking; granting
the variance to the orientation of the hotel and theatre to the street; and requiring City Council
review and approval of theatre building elevations prior to issuance of a building permit.
Motion: Terrell
Second: Morris
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7G. Resolution No. 04- 070,(ZA04 -069), Specific Use Permit to Allow Multi-
level Parking Garages for Non - Residential Property on Lot 2, Block 3R1 and Lot 3, Block 4R,
Southlake Town Square, Phase I and on a Portion of Tracts 2A5 and 3 in the Richard Eads
Survey, Abstract No. 481. The sites are located approximately 1,000 feet east of North Carroll
Avenue and approximately 1,000 feet south of State Highway 114. Current Zoning: DT
Downtown District. SPIN Neighborhood #8. Senior Planner Killough presented this item to
Council along with items 7E, 7F, 7H and 71. Applicant Brian Stebbins made a presentation to
Council and answered their 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 MULTI -LEVEL PARKING GARAGES FOR
NON - RESIDENTIAL PROPERTY ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,
TEXAS, BEING LEGALLY DESCRIBED AS LOT 2, BLOCK 3R1 AND LOT 3, BLOCK 4R,
SOUTHLAKE TOWN SQUARE, PHASE I AND A PORTION OF TRACTS 2A5 & 3,
SITUATED IN THE R. EADS SURVEY, ABSTRACT NO. 481, 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 -070, subject to the Specific Use Permit Review
No. 1, dated September 23, 2004, requiring City Council review and approval of the ground level
garage screening prior to issuance of a building permit.
Motion: Terrell
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6 -0
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Agenda Item No. 7H. ZA04 -070, Revised Preliminary Plat for Blocks 3R2, 4R1, 12 -14, 17 and
18, Southlake Town Square; being a revision of Lot 3, Block 4R and Lot 2, Block 3R1,
Southlake Town Square, Phase I and being portion of land in the Richard Eads Survey,
Abstract No. 481. The property is bounded by State Highway 114 on the north side and
Southlake Town Square, Phase I on the south side. Current Zoning: DT Downtown District.
SPIN Neighborhood #8. Senior Planner Killough presented this item to Council along with items
7E, 71 7G and 7I. Applicant Brian Stebbins made a presentation to Council and answered their
questions.
Motion was made to approve ZA04 -070 subject to the Plat Review Summary No. 2 dated
September 17, 2004.
Motion: Terrell
Second:
Morris
Ayes:
Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays:
None
Approved:
6 -0
Agenda Item No. 7I. ZA04 -071, Plat Revision for Blocks 3R2, 4R1, 12 -14, 17 and 18, Southlake
Town Square, being a revision of Lot 3, Block 4R and Lot 2, Block 3R1, Southlake Town
Square, Phase I and being a portion of land in the Richard Eads Survey, Abstract No. 481. The
property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase
I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood 98. Senior
Planner Killough presented this item to Council along with items 7E, 71 7G and 7I. Applicant
Brian Stebbins made a presentation to Council and answered their questions.
Motion was made to approve ZA04 -071, subject to the Plat Review Summary No. 2, dated
September 17, 2004.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Auenda Item No. 8B. Ordinance No. 480 -447. (ZA04 -051). 1s Reading_ Zoning Chance and Site
Plan for Clearview Eyecare & Laser Center located at 2100 East State Highway 114. 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 #6. Senior Planner
Killough presented this item to Council. Applicants Skip Blake, Blake Architects and Dr. Wally
Ryan answered Council's questions.
Motion was made to approve Ordinance No. 480 -447, 1s Reading, subject to the Site Plan
Review Summary No. 3, dated September 17, 2004, and the recommendations of the Planning
and Zoning Commission and requiring that the dumpster be relocated to face the building instead
of the street.
Motion: Jones
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Second:
Terrell
Ayes:
Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays:
None
Approved:
6 -0
Mayor Wambsganss announced that the November 2, 2004, City Council meeting will be moved
to November 9, 2004, and that the second meeting in November will still be held on the third
Tuesday, November 16.
Agenda Item No. 12. Meeting adjourned Mayor Wambsganss adjourned the meeting at 9:29
p.m.
*An audio recording of this ineeting will be permanently retained in the City Secretary's
Office.
Andy Wambsganss
Mayor
ATTEST:
Lori A. Farwell, TRMC
City Secretary
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