2006-04-04
CITY OF SOUTHLAKE
OFFICIAl RECORD
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 4. 2006
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland,
Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K. Hill (arrived at 6:50
p.m.), Virginia M. Muzyka, and John Terrell (arrived at 6:10 p.m.).
CITY COUNCIL ABSENT: Councilmember Gregory Jones.
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, Information Systems Technician Sam Cobb, Library
Administrator Kerry McGeath, Director of Community Services Steve Polasek, Deputy Director
of Community Services Chris Tribble, 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, DPS Analyst/Emergency
Management Coordinator Ross Korkmas, Director of Public Works Bob Price, Public Works
Operations Manager Chuck Kendrick, 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 5:05 p.m.
City Council reviewed the agenda items with city staff and applicants. The following items were
added to the consent agenda: 7G and 8A to table at the applicant's request to the April 18, 2006,
City Council meeting; 8C; lOA to withdraw; lOB; and lOC. The work session ended at 6:09 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular seSSIOn was called to order by Mayor
Wambsganss at 6:09 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 6: 1 0 p.m. Executive
Session began at 6:42 p.m. and ended at 7:00 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:08
p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session. No action
was necessary.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006
Page 1 019
Agenda Item No.3. Invocation. The invocation was given by Leon Wambsganss, Chair of the
Mayor's Advisory Committee. Mayor Wambsganss led the audience in the pledge of allegiance.
Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and
events. Deputy Mayor Pro Tern Morris encouraged everyone to tour the Liberty Garden at
Bicentennial Park.
Agenda Item No. 4B. City Manager's Report. City Manager Yelverton announced the SPIN
forum bond election presentation by County Commissioner Glen Whitley being held on April 13
in Town Hall at 7:00 p.m.
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 March 21. 2006. regular City Council
meeting. A presentation was not made on this item.
Agenda Item No. 5B. Consider excusing members of the Planning and Zoning Commission for
absences from meetings. Commissioner Michael Springer was absent from the March 23,2006,
Planning and Zoning Commission meeting.
Agenda Item No. 5C. Ordinance No. 894. 1 st Reading. to cancel the May 13. 2006. General
Election and to declare each unopposed candidate elected to office: and providing an effective
date. A presentation was not made on this item.
Agenda Item No. 5D. Ordinance No. 585-C. 2nd Reading. Tree Preservation Ordinance and
Technical Manual. This item is tabled to the April 18, 2006, regular City Council meeting.
Agenda Item No. 5E. Ordinance No. 480-451. 1st Reading (ZA04-1Ol). Zoning Change for
Tracts lAIA2 and lAIA2D. B.J. Foster Survey. Abstract No. 519. located on the north side of
Gifford Court. approximately 300 feet east of Randol Mill Avenue. Current Zoning: AG
Agricultural District. Requested Zoning: SF -1 A Single Family Residential District. SPIN
Neighborhood #12. This item was withdrawn by the applicant.
Agenda Item No. 5F. Ordinance No. 480-485. 1st Reading (ZA06-025). Zoning Change for 400
South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning:
SF-IA Single Family Residential District. SPIN Neighborhood #14. Director Baker presented
this item to Council during the work session.
Agenda Item No. 5G. Ordinance No. 480-486. 1 st 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. Director Baker presented this item to
Council during the work session.
Agenda Item No. 5H. ZA05-165. Plat Revision for a portion of Lot 1. Block 1. Arnold Estates.
located at 520 West Highland Street. Current Zoning: RE Single Family Residential Estate
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006
Page 2 of9
District. Proposed Zoning: SF-lA Single Family Residential District. SPIN Neighborhood #11.
The applicant requested to remand this plat revision back to the Planning and Zoning
Commission.
Agenda Item No. 51. ZA06-0l6. Plat Showing for proposed Lots 14 and 15. J.J. Freshour No.
521 Addition: being Tracts 3D1. 3D2. and 3D2A. situated in the J.J. Freshour Survey. Abstract
No. 521. and being approximately 5 acres. located at 2775 Florence Road. Current Zoning: SF-
lA Single Familv Residential District. SPIN Neighborhood #15. Director Baker presented this
item to Council during the work session. Applicant Lynn Wesley, 1224 Crossbridge Lane,
Keller, Texas, presented this item to Council and answered their questions.
Agenda Item No. 5J. Award of bid to American Landscape Systems for landscape maintenance
of Town Square and "Central Park" in the amount of $73.050. A presentation was not made on
this item.
Agenda Item No. 5K. Endorse the Southlake Stampede public art exhibit as part of Southlake's
50th Anniversary Celebration. Deputy Director of Community Services Tribble introduced Mary
Georgia who presented this item to Council during the work session.
Agenda Item No. 5L. Authorize the Mavor to execute a Residential Developer's Agreement for
the Reserve at Southlake. a 24-1ot addition. located on the west side of Sunshine Lane.
approximately 300 feet north of East Highland Street. A presentation was not made on this item.
Agenda Item No. 5M. Approve the Comprehensive Annual Financial Report for the period
ending September 30. 2005. Shawn Parker from Weaver and Tidwell presented this item to
Council during the work session.
Agenda Item No. 7G. ZA05-l46. Site Plan for Bicentennial Plaza located at 410 West Southlake
Boulevard. Current Zoning: C-2 Local Retail Commercial District. SPIN Neighborhood #10.
The applicant requested to table this item to the April 18, 2006, City Council meeting.
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 requested to table this item to the April 18, 2006, City Council
meeting.
Agenda Item No. 8C. Ordinance No. 889-A. 1 st Reading. Amending Ordinance No. 889
amending Fiscal Year 2005-06 Annual Budget. Director Jackson presented this item to Council
during the work session.
Agenda Item No. lOA. Consider SP06-l92. Variance to the Conditional Sign Permit for
Southlake Town Square Grand Avenue District for Brio Tuscan Grille. located at 1431 Plaza
Place. Director Baker explained during the work session that the scope of this request has
changed, and the applicant has requested to withdraw this item.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006
Page 3019
Agenda Item No. lOB. Consider SP06-146. Amendment and variance to the Conditional Sign
Permit for Southlake Town Square Grand Avenue District for Merrill Lvnch located at 286
Grand Avenue. Director Baker presented this item to Council during the work session.
Applicant Brian Stebbins answered Council's questions.
Agenda Item No. 10C. Consider SP06-182. Variance to Sign Ordinance No. 704-B for The
Customer Center of Texas located at 2704 East Southlake Boulevard. Suite 102. Director Baker
presented this item to Council during the work session. Applicant Elene Sang, 5505 Colleyville
Boulevard, Colleyville, Texas answered Council's questions.
Motion was made to approve consent agenda items 5A; 5B; 5C; 5D to table to the April 18,
2006, City Council meeting; 5E to withdraw at the applicant's request; 5F; 5G; 5H to remand to
the Planning and Zoning Commission; 51; 5J; 5K; 5L; 5M; 7G and 8A to table at the applicant's
request to the April 18, 2006, City Council meeting; 8C; lOA to withdraw; lOB; and 10C as
requested but limiting the sign to a three month time period.
Motion: Shankland
Second: Terrell
Ayes: Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke.
Agenda Item No. 7A. Ordinance No. 717-E. 2nd Reading. amending Chapter 18. Section 18-79
of the Southlake Code of Ordinances. designating the speed limit within the Southlake Woods
subdivision as 25 moho Mayor Wambsganss presented this item to Council. Director Price
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. 717, 717-B, 717-C, 717-D, 781 AND
CHAPTER 18, "TRAFFIC AND VEHICLES", OF THE SOUTHLAKE CITY CODE (1996),
AS AMENDED BY: DESIGNATING THE SPEED LIMIT WITHIN THE SOUTHLAKE
WOODS SUBDIVISION AS 25 MILES PER HOUR; DIRECTING THE DIRECTOR OF
PUBLIC WORKS TO POST APPROPRIATE SIGNS; 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. 717-E, 2nd Reading, amending Chapter 18, Section
18-79 of the Southlake Code of Ordinances, designating the speed limit within the Southlake
Woods subdivision as 25 mph.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006
Page 40f9
Motion:
Second:
Ayes:
Nays:
Approved:
Shankland
Terrell
Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
6-0
Agenda Item No. 7B. Ordinance No. 480-483. 2nd Reading (ZA06-008). Zoning Change and
Concept Plan for Patterson's Pond. Phase II. being Tracts 5A3A and 5A3AI. Samuel Freeman
Survey. Abstract No. 525. located at 701 North Kimball Avenue. Current Zoning: AG
Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN
Neighborhood #6. 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
TRACTS 5A3A & 5A3Al, SITUATED IN THE SAMUEL FREEMAN SURVEY,
ABSTRACT NO. 525, AND BEING APPROXIMATELY 4.75 ACRES, AND MORE FULLY
AND COMPLETELY DESCRffiED 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. 480-483, 2nd Reading (ZA06-008), Zoning Change
and Concept Plan for Patterson's Pond, Phase II, subject to the recommendations of the Planning
and Zoning Commission and subject to Concept Plan Review Summary No.2, dated February
17,2006.
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Morris
Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
6-0
Agenda Item No. 7C. ZA06-009. Preliminary Plat for Patterson's Pond. Phase II. being Tracts
5A3A and 5A3AI. Samuel Freeman Survey. Abstract No. 525 and Lot 10. Block 1. Patterson's
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Page 5 of9
Pond. located at 701 North Kimball Avenue. Current Zoning: AG Agricultural District and SF-
20A Single Familv Residential District. Proposed Zoning: SF-20A Single Familv Residential
District. SPIN Neighborhood #6. Mayor Wambsganss presented this item to Council.
Motion was made to approve ZA06-009, Preliminary Plat for Patterson's Pond, Phase II, subject
to Plat Review Summary No.2, dated February 17, 2006.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7D. Ordinance No. 480-HHH. 2nd Reading. An amendment to the
Comprehensive Zoning Ordinance No. 480. as amended. as it pertains to Planned Unit
Development districts and plan requirements with certain zoning districts. 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 AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
AMENDING SECTIONS 11, 29, AND 41 AS THEY PERTAIN TO CONCEPT PLAN
REQUIREMENTS; AMENDING SECTION 30 AS IT PERTAINS TO RESIDENTIAL
PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS; 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 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. 480-HHH, 2nd Reading, An amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Planned Unit
Development districts and plan requirements with certain zoning districts, as presented.
Motion: Terrell
Second: Shankland
Ayes: Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7E. Resolution No. 06-017. (ZA06-024). Specific Use Permit for the sale of
alcoholic beverages at Taco Diner located at 432 Grand Avenue West. Current Zoning: DT
Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item to
Council. Applicant Todd Blankenship, M Crowd Restaurant Group, answered Council's
questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed
as follows:
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006
Page 6019
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 432 GRAND
AVENUE WEST, BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 2A5,
SITUATED IN THE R. EADS SURVEY, ABSTRACT NO. 481, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED
DEVELOPMENT 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. 06-017, (ZA06-024), Specific Use Permit for the
sale of alcoholic beverages at Taco Diner for the term of the lease which is 10 years.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7F. Resolution No. 06-018. (ZA06-015). Specific Use Permit for a tent sale at
Anderson's Furniture located at 2140 East Southlake Boulevard in the Village Center parking
lot. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. Chief Planner
Killough presented this item to Council. Applicant Patty Naughs, 2140 Southlake Boulevard,
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 A TENT FOR THE PURPOSE OF
PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,
TEXAS, LOCATED AT 2140 E. SOUTHLAKE BOULEVARD, SUITE R, BEING LEGALLY
DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, VILLAGE CENTER, PHASE 1, MORE
FULL Y 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. 06-018, (ZA06-015), Specific Use Permit for a tent
sale at Anderson's Furniture for a period of 10 days.
Motion: Shankland
Second: Terrell
Ayes: Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: Hill
Approved: 5-1
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006
Page 70f9
Agenda Item No. 8B. Ordinance No. 480-482. 15t 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-IA Single Family Residential District.
Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood
#15. Chief Planner Killough presented this item to Council. Applicant Curtis Young with Sage
Group, 8003 Jefferson Circle, Colleyville, Texas, presented this item to Council and addressed
specific questions.
Mayor Wambsganss allowed the public to speak.
John Geist, 2405 Hillside Court, Southlake, Texas, spoke in opposition to this item.
Motion was made to approve Ordinance No. 480-482, 15t Reading (ZA05-169), Zoninj Change
and Development Plan for Johnson Place, noting the applicant will come back on 2n Reading
with a reduction of a minimum of five lots and will provide specific fence design standards;
subject to Development Plan Review Summary No.3, dated March 3, 2006; and noting that
while this plan is non-compliant with our low density Land Use Plan designation, it follows the
general idea of what Council wants on this site due to the open space, the reduction of lots, and
the overall plan.
Motion: Terrell
Second: Muzyka
Ayes: Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: Hill
Approved: 5-1
In addition to the comments above, the Mayor said there is a substantial run-off issue in this area
being addressed by the water features and the retention areas included on this plan
Agenda Item No. llA. Performing Arts Center. Van Jones presented this item and had a general
discussion with Council. Some of the general thoughts were that this is a community-based
project and that it would be helpful to research the history of other community art centers. Mr.
Jones asked that anyone interested in volunteering on this project contact him at
viones@vaniones.com or contact the City Secretary's Office for his phone number.
Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 9:08
p.m.
* An audio recording of this meeting will he permanently retained in the City Secretary's
Office.
--, -A ----- .,
Andy Wambsganss
Mayor
ATTEST:
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006
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REGULAR CITY COUNCIL MEETING MINUTES, APRIL 4, 2006
Page 9 019