2006-04-18
OFFICIAL RECORD
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 18. 2006
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: 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: Mayor Andy Wambsganss.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, Office Manager/PIO Kim Bush, Manager of
Technical Services Gary Gregg, Audio Visual System Technician Pam Jordan, Library
Administrator Kerry McGeath, 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 Safety Rick Smith, Chief of Fire Services Robert Finn, Chief of Police
Services Wade Goolsby, Director of Public Works Bob Price, Public Works Operations Manager
Chuck Kendrick, Civil Engineer Cheryl Taylor, 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 5:04
p.m. City Council reviewed the agenda items with city staff and applicants. The following items
were added to the consent agenda: lOa to deny and lOco The work session ended at 5:53 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular session was called to order by Mayor Pro Tern
Shankland at 5:53 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 5:53 p.m. Executive
Session began at 6:09 p.m. and ended at 7:03 p.m.
Agenda Item No. 2B. Reconvene. Mayor Pro Tern Shankland reconvened the regular meeting at
7:13 p.m. Mayor Pro Tern Shankland asked if any motion was necessary from Executive
Session. No action was necessary.
Agenda Item No.3. Invocation. The invocation was given by John McKeller, White's Chapel
Methodist Church. Mayor Pro Tern Shankland led the audience in the pledge of allegiance.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18,2006
Page 1 019
Agenda Item No. 4A. Mayor's Report. Mayor Pro Tern Shankland announced upcommg
meetings and events.
Agenda Item No. 4A1. Recognition of the Citizen's On Patrol (COPs) and the Citizens
Emergency Response Team (CERT) and Fire Rehab. Mayor Pro Tern Shankland recognized and
thanked these volunteers for their hard work and dedication to these programs. There are a total
of 70 CERT volunteers, 25 COPs volunteers, and 20 Fire Rehab volunteers. Ann Wise, President
of the Southlake DPS Citizen's Association and graduate of the DPS Citizen's Academy,
discussed the various programs and encouraged residents to become involved.
Agenda Item No. 4A2. Proclamation for Child Abuse Prevention Month. Mayor Pro Tern
Shankland presented a proclamation to Jessica Campbell from Alliance for Children.
Agenda Item No. 4B. City Manager's Report. City Manager Yelverton introduced Assistant City
Manager Jim Blagg who made opening comments and introduced Agenda Item No. 4B1.
Agenda Item No. 4B 1. Information Technology Alignment Study presentation. David Dobat of
Credera presented the results ofthe LT. Alignment Study to Council.
Agenda Item No. 4C. Financial Report. Director Jackson made a brief presentation to Council.
Agenda Item No. 4D. Library Board Report. A written report was given to Council.
Agenda Item No. 4E. Local Business Report. Director Last introduced President and CEO of
American Backyard, Dino Luckino, who introduced his new local 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 April 4, 2006, regular City Council meeting.
A presentation was not made on this item.
Agenda Item No. 5B. Consider excusing members of the City Council and Planning and Zoning
Commission for absences from meetings. Councilmember Gregory Jones was absent from the
April 4, 2006, City Council meeting. Commissioner Al Morin was absent from the April 6, 2006,
Planning and Zoning Commission meeting.
Agenda Item No. 5C. Appoint two City Council members to participate in the Bicentennial Park
Planning Work Group. Director Polasek presented this item to Council during the work session.
Council appointed Councilmembers Morris, Terrell, and Jones to this group.
Agenda Item No. 5D. Authorize a contract for a Library Automation System with Polaris Library
Systems. Library Administrator McGeath presented this item to Council during the work session.
Agenda Item No. 5E. Authorize a Professional Services Agreement with Graham Associates for
design of North White Chapel Boulevard from Highland Street to State Highway 114. Director
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006
Page 20f9
Price presented this item to Council during the work session. Mark Burkhart with Graham
Associates answered Council's questions.
Agenda Item No. No. SF. ZAOS-1SL Preliminary Plat for Lots 2R1 through 5R2, Block L
Stone bridge Park Addition, located at Stonebridge Lane and West Southlake Boulevard. Current
Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #lS. Chief Planner Killough
presented this item to Council during the work session.
Agenda Item No. SG. ZA05-lS2, Plat Revision for Lots 2R1 through SR2, Block L Stonebridge
Park Addition, being a revision of Lots 2 through S, Block 1, Stonebridge Park Addition, located
at Stonebridge Lane and West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site
Plan District. SPIN Neighborhood # IS. Chief Planner Killough presented this item to Council
during the work session.
Agenda Item No. SH. ZAOS-170, Plat Revision for Lots 7R1 and 7R2, Block 1, Timberline
Estates, being a revision of Lot 7, Block L Timberline Estates, located at 220 Timberline Lane.
Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #lS. Chief
Planner Killough presented this item to Council during the work session.
Agenda Item No. S1. ZAOS-136, Plat Vacation for Sandlin Estates, save and except the right-of-
way dedication for Shady Oaks Drive, located at 400 West Chapel Downs Drive. Current
Zoning: SF-20A. SPIN Neighborhood #10. Chief Planner Killough presented this item to
Council during the work session.
Agenda Item No. 5J. Resolution No. 06-019, (CP06-00l) Land Use Plan Amendment from Low
Density Residential to Medium Density Residential for approximately 29.85 acres located at 945
and 98S Randol Mill A venue and along the north side of Gifford Court for proposed Palomar
Estates. This item is tabled to the May 2, 2006, City Council meeting.
Agenda Item No. 5K. Ordinance No. 480-482, 2nd Reading (ZA05-169), Zoning Change and
Development Plan for Johnson Place located at 2440 Johnson Road and 430 Randol Mill
Avenue. Current Zoning: AG Agricultural District and SF-1A Single Family Residential District.
Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood
# 15. This item is tabled to the May 2, 2006, City Council meeting at the applicant's request.
Agenda Item No. lOA. ZAOS-128, Preliminary Plat for Bella Lago being Lot 10, Block L Harbor
Oaks, and Tract 5 in the R. Price Survey, Abstract 1207, and being approximately 13.09 acres,
located at 2970 Burney Lane. Current Zoning: AG Agricultural District. SPIN Neighborhood #3.
Chief Planner Killough presented this item to Council. Mayor Pro Tern Shankland read a
comment card into the record from Dr. Ray Chanceller who was opposed to this item. This item
was placed on the consent agenda to deny.
Agenda Item No. 10C. Authorize a Residential Developer's Agreement for Estes Park, Phase III,
a 40-lot addition, located west of North Carroll Avenue and south of East Dove Road. Director
Price presented this item to Council.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006
Page 3 of9
Motion was made to approve consent agenda items 5A; 5B to excuse the absences of
Councilmember Jones from the April 4, 2006, City Council meeting and Commissioner Morin
from the April 6, 2006, Planning and Zoning Commission meeting; 5C to appoint
Councilmembers Jones, Morris, and Terrell; 5D; 5E; 5F; 5G; 5H; 51; 5J to table to the May 2,
2006, City Council meeting; 5K to table to the May 2, 2006, City Council meeting at the
applicant's request; to deny item lOA; and to approve IOC.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke.
Agenda Item No. 7 A. Ordinance No. 894, 2nd Reading, to cancel the May 13, 2006, General
Election and to declare each unopposed candidate elected to office; and providing an effective
date. There was no presentation on this item. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
AN ORDINANCE CANCELLING THE MAY 13, 2006, GENERAL ELECTION AND
DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; AND
PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 894, 2nd Reading, to cancel the May 13, 2006,
General Election and to declare each unopposed candidate elected to office; and providing an
effective date.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 7B. Ordinance No. 889-A, 2nd Reading, amending Ordinance No. 889,
amending Fiscal Year 2005-06 Annual Budget. Director Jackson presented this item to Council.
Director Last provided information for additional funds for the branding initiative. In accordance
with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
REVISING THE BUDGET FIGURES FOR FISCAL YEAR 2005-06 BEGINNING OCTOBER
1,2005, AND TERMINATING SEPTEMBER 30, 2006, AND MAKING APPROPRIATIONS
FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006
Page 40f9
ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 889-A, 2nd Reading, amending Ordinance No. 889,
amending Fiscal Year 2005-06 Annual Budget increasing the general fund expenditures for city
branding from $20,000 to $54,000 and approving the remainder as presented.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 7C. Ordinance No. 585-C, 2nd Reading, Tree Preservation Ordinance and
Technical Manual. Director Baker 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 OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE 585-B,
WHICH ESTABLISHES THE REGULATIONS FOR THE PRESERVATION OF TREES;
PROVIDING FOR THE PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS;
REQUIRING A TREE PERMIT TO ALTER A PROTECTED TREE; PROVIDING TREE
PRESERV A TION CRITERIA AND REVIEW PROCESSES FOR TREE CONSERVATION
ANAL YSES, TREE CONSERVATION PLANS, AND TREE PERMITS; AMENDING THE
TREE PROTECTION AND REPLACEMENT REQUIREMENTS; PROVIDING TREE
PLANTING AND TREE REMOVAL STANDARDS; PROVIDING FOR ENFORCEMENT
PROCEDURES AND CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS;
PROVIDING A PROCESS FOR APPEALS AND VARIANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE
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. 585-C, 2nd Reading, Tree Preservation Ordinance
and Technical Manual.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 7D. Ordinance No. 480-485, 2nd Reading (ZA06-025), Zoning Change for 400
South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning:
SF-1A Single Family Residential District. SPIN Neighborhood #14. Chief Planner Killough
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18,2006
Page 50f9
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. 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
3K, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING
APPROXIMATEL Y 2.50 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" 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. 480-485, 2nd Reading (ZA06-025), Zoning Change
for 400 South White Chapel Boulevard as presented.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 7E. Ordinance No. 480-486, 2nd Reading (ZA06-034), Zoning Change for 2787
Ridgecrest Drive. Current Zoning: AG Agricultural District. Requested Zoning: RE Single
Family Residential Estate District. SPIN Neighborhood #3. Chief 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. 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
ICI, SITUATED IN THE J.W. CHIVERS SURVEY, ABSTRACT NO. 350, BEING
APPROXIMATELY 5.82 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" SINGLE F AMIL Y
RESIDENTIAL ESTATE DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18,2006
Page 60f9
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
NEWSP APER.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-486, 2nd Reading (ZA06-034), Zoning Change
for 2787 Ridgecrest Drive.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 7F. ZA06-00L Revised Site Plan for White Chapel Methodist Church, located
at 185 South White Chapel Boulevard and 175 East Southlake Boulevard. Current Zoning: CS
Community Service. SPIN Neighborhood #9w. Chief Planner Killough presented this item to
Council. Applicant Brent Kline, 3737 Maple Shade Lane, PIano, Texas, made a presentation and
answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA06-001, Revised Site Plan for White Chapel Methodist Church,
subject to Site Plan Review Summary No.3, dated March 31, 2006; granting the height waiver
on the steeple; granting the requested variances on the articulation and roof material
requirements; and allowing classrooms as temporary buildings until June 24,2010.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 7G. ZA06-002, Plat Revision for Lot 1R. Block A, White Chapel Methodist
Church Addition, being a revision of Lot 1, Block A. White Chapel Methodist Church Addition,
located at 185 South White Chapel Boulevard and 175 East Southlake Boulevard. Current
Zoning: CS Community Service. SPIN Neighborhood #9w. Chief Planner Killough presented
this item to Council.
Motion was made to approve ZA06-002, Plat Revision for Lot lR, Block A, White Chapel
Methodist Church Addition subject to Plat Review Summary No.3, dated March 31,2006.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006
Page 70f9
Nays: None
Approved: 6-0
Mayor Pro Tern Shankland called for a break at 9:12 p.m. and reconvened the meeting at 9:27
p.m.
Agenda Item No. 7H. ZA05-146, Site Plan for Bicentennial Plaza located at 410 West Southlake
Boulevard. Current Zoning: C-2 Local Retail Commercial District. SPIN Neighborhood #10.
Chief Planner Killough presented this item to Council. The applicant's attorney, Kirk Williams,
5400 Renaissance Tower, Dallas, Texas, made a presentation and answered Council's questions.
No one spoke during the public hearing.
Mr. Williams continued discussion with the Council and requested to table this item until May 2.
Motion was made to table ZA05-146, Site Plan for Bicentennial Plaza at the applicant's request
to the May 2, 2006, City Council meeting.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 8A. Ordinance No. 480-481, 1st Reading (ZA05-146), Zoning Change and Site
Plan for Bicentennial Plaza located at 410 West Southlake Boulevard. Current Zoning: C-2 Local
Retail Commercial District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN
Neighborhood #10. The applicant's attorney, Kirk Williams, 5400 Renaissance Tower, Dallas,
Texas, requested to table this item until May 2.
Motion was made to table Ordinance No. 480-481, 1st Reading (ZA05-146), Zoning Change and
Site Plan for Bicentennial Plaza at the applicant's request to the May 2, 2006, City Council
meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Jones
Hill, Jones, Morris, Muzyka, Shankland, Terrell
None
6-0
Agenda Item No. lOB. Consider SP06-223, Variance to Sign Ordinance No. 704-B for
Watermere at Southlake to be located at 2809 West Southlake Boulevard. Chief Planner
Killough presented this item to Council. Applicant Rick Simmons, 311 0 West Southlake
Boulevard, Southlake, Texas, answered Council's questions. Council discussed this request.
Motion was made to approve SP06-223, Variance to Sign Ordinance No. 704-B for Watermere
at Southlake to be located at 2809 West Southlake Boulevard limited to the date the sign is
installed for a period of 18 months or until they install a permanent sign.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006
Page 80f9
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Terrell
Jones, Morris, Muzyka, Shankland, Terrell
Hill
5-1
Agenda Item No. llA. Placement of longhorn cattle statues within City parks as part of the
Southlake Stampede public art exhibit. Mary Georgia presented this item to Council during the
work session. No action was taken by Council.
Agenda Item No. 12. Meeting adjourned. Mayor Pro Tern Shankland adjourned the meeting at
10:49 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Keith Shankland
Mayor Pro Tern
ATTEST:
~OM-'rJ~
Lori A. Farwell, TRMC
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006
Page 90f9