2006-05-16
OFFICIAL RECORD
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: MAY 16.2006
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris and
Deputy Mayor Pro Tern Terrell; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M.
Muzyka and Vernon Stansell.
CITY COUNCIL ABSENT: None.
ST AFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, Office Manager / PIO Kim Bush, Information
Systems Technician Sam Cobb, Audio Visual System Technician Pam Jordan, Director of
Community Services Steve Polasek, Director of Economic Development Greg Last, Director of
Finance Sharen Jackson, Municipal Judge Carol Montgomery, 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, DPS Analyst / Emergency
Management Coordinator Ross Korkmas, Director of Public Works Bob Price, Construction
Manager Clayton Redinger, Public Works Operations Manager Chuck Kendrick, 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 5:10 p.m.
City Council reviewed the agenda items with city staff and applicants. The work session ended at
5:32 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular seSSIOn was called to order by Mayor
Wambsganss at 5:32 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 5:33 p.m. Executive
Session began at 5:46 p.m. and ended at 6:20 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:27
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 Coy Quesenbury from Lonesome
Dove Baptist Church. Mayor Wambsganss led the audience in the pledge of allegiance.
REGULAR CITY COUNCIL MEETING MINUTES, MA Y 16, 2006
Page 1 of 17
Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced the continuation of this
meeting on May 30, 2006. Mayor Wambsganss announced the reports would be taken out of
order.
Agenda Item No. 4A2. Adopt-a-Soldier Program. Sharon Fitzgerald presented information on the
Adopt-a-Soldier Program.
Agenda Item No. 4B. City Manager's Report. City Manager Yelverton gave an update on recent
reported issues with solid waste collection. Staff has been holding weekly meetings with Allied
Waste to resolve the issues.
Agenda Item No. 4C. Financial Report. A written report was given to Council.
Agenda Item No. 4D. Local Business Report. Director Last introduced the general manager of
Eden Bistro, Matthew Barryton, who introduced his business to Council.
Agenda Item No. 4Al. Oaths of Office for Mayor and Councilmember Place 2. Judge
Montgomery gave the Oaths of Office to Vemon Stansell and Andy Wambsganss while their
family members assisted in the process.
Mayor Wambsganss invited everyone into the foyer for a reception.
Mayor Wambsganss called for a break at 6:55 p.m. and reconvened the meeting at 7:14 p.m.
Agenda Item No. 4A3. SPIN Into Spring event recognition. Mayor Pro Tern Morris introduced
the SPIN into Spring recent event and recognized the participants. She presented certificates of
appreciation to the homeowners, Master Gardeners, and SPIN members and thanked the business
participants and staff members who made the event possible.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion.
Agenda Item No. SA. Approve the minutes for the May 2. 2006. regular City Council meeting.
A presentation was not made on this item.
Agenda Item No. 5B. Consider excusing members of the City Council for an absence from a
meeting. Councilmember Muzyka was absent from the May 2, 2006, Council meeting.
Agenda Item No. 5C. Resolution No. 06-022. Appoint a Mayor Pro Tern and a Deputy Mayor
Pro Tern. Mayor Wambsganss appointed Carolyn Morris as Mayor Pro Tern and John Terrell as
Deputy Mayor Pro Tern.
Agenda Item No. 5D. Resolution No. 06-023. Appoint a Councilmember to the Public Art
Advisory Committee to fill the unexpired term of Keith Shankland. Council appointed John
Terrell to the committee.
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Page 2 of 17
Agenda Item No. SE. Resolution No. 06-024, Appoint two Councilmembers to the Southlake
Parks Development Corporation. Council appointed Carolyn Morris and Gregory Jones to the
committee.
Agenda Item No. SF. Approve a professional services agreement with CrederalMaximus, Inc. to
provide software selection and implementation management services. Assistant City Manager
Blagg presented this item to Council during the work session.
Agenda Item No. SG. Ordinance No. 63S-A, 15t Reading, Amending Chapter 2, Article VI. Code
of Ethics and Conduct. of the Southlake City Code to comply with provisions of Chapter 171 and
Chapter 176 of the Texas Local Government Code, including provisions for filing Conflict
Disclosure Statements and providing for the adoption of an Employee Business Code of
Conduct. Director Hugman presented this item to Council during the work session.
Agenda Item No. SH. Authorize the acceptance of an easement granted by the Army Corps of
Engineers for a proposed sanitary sewer line connection to an existing sewer on the Corps of
Engineers property for the Cliffs at Clariden Ranch subdivision. A presentation was not made on
this item.
Agenda Item No. SI. Award bid for the construction of 2006 Pavement Management Application
(PMA) street paving and storm drainage improvements to Sunmount Corporation and provide for
construction phase contingencies. Director Price presented this item to Council during the work
seSSIOn.
Agenda Item No. SJ. Approve a Residential Developer's Agreement with Martin Custom Homes
for the installation of a sanitary sewer line serving 22S0 and 2280 North Peytonville Avenue.
City Manager Yelverton said this item would be discussed in executive session. Council
approved this item contingent upon the compliance with the existing tree preservation ordinance
requirements and any other earth issues that may be at this location.
Agenda Item No. SK. Approve a sanitary sewer easement on park property for Oak Pointe
Development. A presentation was not made on this item.
Agenda Item No. SL. Authorize renewal of a lease agreement for grazing on undeveloped
property (17.3 73 acres) in Bicentennial Park. A presentation was not made on this item.
Agenda Item No. SM. Reiect proposals for outdoor warning sirens. Chief Finn presented this
item to Council during the work session.
Agenda Item No. SN. ZA06-0S7, Plat Revision for proposed Patterson's Pond, Phase II
Addition, being a revision of Lot 10, Block L Patterson's Pond Addition and approximately 4.7
acres out of the Samuel Freeman Survey, Abstract No. S2S, located at 701 North Kimball
Avenue. Current Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #6. A
presentation was not made on this item.
Agenda Item No. SO. Resolution No. 06-019, (CP06-001) Land Use Plan amendment from Low
Density Residential to Medium Density Residential for approximately 29.8S acres located at 94S
REGULAR CITY COUNCIL MEETING MINUTES, MAY 16, 2006
Page 3 of 17
and 985 Randol Mill Avenue and along the north side of Gifford Court (proposed Palomar
Estates.) This item is tabled until June 6, 2006, to be heard with the second reading for associated
zoning request ZA06-027.
Agenda Item No. 5P. Ordinance No. 480-487, 1st Reading (ZA05-142) Zoning Change and
Development Plan for Continental Greens on property located at 2020 through 2300 West
Continental Boulevard. Current Zoning: AG Agricultural District. SF-30 Single Family
Residential District. and S-P-l Detailed Site Plan District. Requested Zoning: TZD Transition
Zoning District. SPIN Neighborhood #16. The applicant requested to be table this item to the
June 6, 2006, City Council meeting.
Motion was made to approve the consent agenda items 5A; 5B to excuse Councilmember
Muzyka from the May 2, 2006, City Council meeting; 5C to appoint Carolyn Morris as Mayor
Pro Tern and John Terrell as Deputy Mayor Pro Tern; 5D to appoint John Terrell to the Public
Art Advisory Committee; 5E to appoint Carolyn Morris and Greg Jones to the Southlake Parks
Development Corporation; 5F; 5G; 5H; 51; 5J being contingent upon the compliance with
existing tree preservation ordinance requirements and any other earth issues that may be at this
location; 5K; 5L; 5M; 5N; to table item 50 to the June 6, 2006, City Council meeting; and to
table item 5P at the applicant's request to the June 6, 2006, City Council meeting.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum.
Although Agenda Item 5P was tabled to the June 6, 2006, City Council meeting, Mayor
Wambsganss stated he has approximately 90 comment cards registering opposition to the
Continental Greens development. They are:
Moazzam Arastu, 1905 Country Moss Way, Southlake, Texas;
Stacey Barbiere, 114 Marshal, Southlake, Texas;
Bill Barnes, 1900 Shooting Star, Southlake, Texas;
Alede and Steve Barney, 3001 Broadgate Lane, Southlake, Texas;
Beatriz Becerra, 831 Longhorn Hollow, Southlake, Texas;
Ryan Ann and Shane Bickley, 1921 Cresson Drive, Southlake, Texas;
Richard A. Been, 513 Stonebury Drive, Southlake, Texas;
Tim and Tracy Bradford, 511 Stonebury Drive, Southlake, Texas;
Steve Brannon, 108 Springbrook, Southlake, Texas;
Harriet Brenner, 1329 Village Green Drive, Southlake, Texas;
Nodu and Ron Brown, 1907 Amesburg Court, Southlake, Texas;
Michael Carter, 1808 Native Dancer Place, Southlake, Texas;
Kirk Coleman, 832 Longhorn Hollow, Southlake, Texas;
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Page 4 of 17
Michael Christopher, 1907 Cresson Drive, Southlake, Texas;
Latricia and Melvin Earley, 1906 Amesburg Court, Southlake, Texas;
Hank and Susan Ffrench, 1335 Village Green Drive, Southlake, Texas;
Bill Gleim, 1905 Arnesbury Court, Southlake, Texas;
Munawar Haiden, 523 Indian Paintbrush, Southlake, Texas;
Donna and Thomas Harvey, 1908 Shooting Star, Southlake, Texas;
Curtis Hill, 515 Indian Paintbrush Way, Southlake, Texas, "absolutely opposed to rezoning";
Roberta Hill, 515 Indian Paintbrush Way, Southlake, Texas;
Jeffrey Hochstrate, 745 Deer Hollow Boulevard, Southlake, Texas;
Jaime Hochwalt, 1809 Rustling Brook Court, Southlake, Texas;
Denise Khan, 821 Longhorn Hollow, Southlake, Texas;
Patrick Kielley, 114 Marshall, Southlake, Texas;
Dean Kim, 1923 White Oak Clearing, Southlake, Texas;
Jim Kingsley, 1915 Cresson Drive, Southlake, Texas;
Bob Koontz, 1917 Big Bend Cove, Southlake, Texas;
Mark Lewandowski, 405 Indian Paintbrush Way, Southlake, Texas;
Jerry Lewis, 1030 Carroll Meadows, Southlake, Texas;
Allison and Brad Logan, 810 Longhorn Hollow, Southlake, Texas;
Dana Mackie, 1807 Greenlea Cove, Southlake, Texas;
Marian Mann, 903 Hidden Meadow Court, Southlake, Texas;
Torn Mann, 903 Hidden Meadow Court, Southlake, Texas, "opposed to density proposed and
alleys behind homes";
Bret Martin, 915 Edgemeer Lane, Southlake, Texas;
Gary Martin, 1707 Pecos Drive, Southlake, Texas;
Lonnie Randall Martin, 1304 Village Green Drive, Southlake, Texas;
Troy Miller, 1010 Deer Hollow Boulevard, Southlake, Texas;
Patty Ann Migliaccio, 1005 Deer Hollow Boulevard, Southlake, Texas;
Melanie and Mike Mroz, 124 Weston Lane, Southlake, Texas;
Heidi Muensterer;
Harpreet and Maria Oberoi, 1333 Village Green Drive, Southlake, Texas;
Cynthia and James P. O'Shea, 1323 Village Green Drive, Southlake, Texas;
Terry L. Orr, 1715 Weeping Willow Way, Southlake, Texas;
Kathy Rismiller, 925 Deer Hollow Boulevard, Southlake, Texas;
David and Pam Robinson, 1904 Amesbury Court, Southlake, Texas;
Dorene and Gary Rose, 519 Stonebury Drive, Southlake, Texas;
James Rowell, 1903 Amsesbury Court, Southlake, Texas;
Jenni and John Samuel, 1400 Meadow, Southlake, Texas;
Bill and Lisa Schroeder, 1321 Village Green Drive, Southlake, Texas;
Estella and Roger Silva, 206 Brookview Court, Southlake, Texas;
Beverly and David Spillyards, 1920 Cresson, Southlake, Texas;
Ron Teer, 1329 Village Green Drive, Southlake, Texas;
Cindy Vetter, 628 Honeysuckle Hollow, Southlake, Texas;
Margaret Walter, 1901 Cresson Drive, Southlake, Texas;
Monte Westfall, 911 Independence Court, Southlake, Texas, "I opposed any high density
development. All studys [sic] show that high density equals high crime."
Joyce Whetig, 1310 Regency Court, Southlake, Texas;
REGULAR CITY COUNCIL MEETING MINUTES, MAY 16,2006
Page 5 of 17
Brenda Williams, 1700 Weeping Willow, Southlake, Texas; and,
Sam and Carol Wilson, 1900 Newport Court, Southlake, Texas.
Rocio Mercado-Mondragon, 1900 Cresson Court, Southlake, Texas, filled out a card in support
of the Continental Greens development.
Patty Gleim, 1905 Amesbury Court, Southlake, Texas, spoke in opposition to the Continental
Greens development.
Suzanne Maisto, 1909 Big Bend Cove, Southlake, Texas, spoke in opposition to the Continental
Greens development.
Mayor Wambsganss closed the public forum.
Agenda Item No. 7A. Ordinance No. 480-484, 2nd Reading (ZA05-164) Zoning Change for a
portion of Lot 1, Block 1, Arnold Estates, located at 520 West Highland Street. Current Zoning:
RE Single Family Residential Estate District. Requested Zoning: R-PUD Residential Planned
Unit Development District. SPIN Neighborhood #11. Chief Planner Killough presented this item
to Council in conjunction with item no. 7B. Applicant Jay Wasserman made a presentation 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 A
PORTION OF LOT 1, BLOCK 1, ARNOLD ESTATES, BEING APPROXIMATELY 2.96
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT TO "R-PUD" RESIDENTIAL
PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED
DEVELOPMENT PLAN, INCLUDING PUD DEVELOPMENT STANDARDS, 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.
Mayor Wambsganss opened the public hearing.
Tim Raley, 440 West Highland Street, Southlake, Texas, spoke in opposition to this item.
Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas, made a presentation to Council.
REGULAR CITY COUNCIL MEETING MINUTES, MAY 16,2006
Page 6 of 17
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480-484, 2nd Reading (ZA05-164) Zoning Change
for a portion of Lot 1, Block 1, Arnold Estates, subject to City Council's comments on 1 st
Reading but amending those comments to change the south line of the building area on Lot 1 R2
from a distance of 10 feet from the south face of the existing home to align 20 feet north of the
two trees as depicted on the exhibit; requiring Lot lR2 to be limited to 1,000 sf maximum on
accessory buildings; requiring the applicant or if sold, the new owner, to demonstrate no adverse
affect from drainage on adjoining properties prior to any type of building permit being issued;
allowing no more than one access drive onto Highland from each lot; and subject to
Development Plan Review Summary No.3, dated May 10,2006.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7B. ZA05-165, Plat Revision for a portion of Lot L Block L Arnold Estates,
located at 520 West Highland Street. Current Zoning: RE Single Family Residential Estate
District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN
Neighborhood #11. Chief Planner Killough presented this item to Council in conjunction with
item no. 7A. Applicant, Jay Wasserman, made a presentation to Council.
Motion was made to approve ZA05-165, Plat Revision for a portion of Lot 1, Block 1, Arnold
Estates, subject to Plat Review Summary No.1, dated January 17,2006.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7C. Ordinance No. 480-488, 2nd Reading (ZA05-167), Zoning Change and
Concept Plan / Site Plan for Town Lake Crossing, located at the northwest corner of West
Southlake Boulevard and Randol Mill Avenue. Current Zoning: C-3 General Commercial
District and SF-IA Single Family Residential District. Requested Zoning: S-P-2 Generalized Site
Plan District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council.
Applicant Michael Clark of Winkleman and Associates, 6750 Hillcrest Plaza, Suite 100, Dallas,
Texas, presented this item to Council and answered questions.
Eduardo Sandanna and Mark Rouch of Merriman and Associates, 300 Northfield Street, Dallas,
Texas, answered Council's questions as the architects for Chase Bank.
S.G. Ellison with Armstrong Development answered Council's questions regarding the overall
development.
REGULAR CITY COUNCIL MEETING MINUTES, MA Y 16, 2006
Page 7 of 17
Tom Hittman of Carter and Burgess answered Council's questions as the architect for Sprouts.
Rob Baldwin of Baldwin and Associates summarized Council's overall concerns.
Mayor Wambsganss opened the public hearing.
Jack Wiesman, 2607 West Southlake Boulevard, Southlake, Texas, addressed the old community
of Jellico and questioned what will happen to the community historical marker on Southlake
Boulevard.
Mayor Wambsganss announced this item would be continued to May 30, 2006, and left the
public hearing open. There was no motion made on this item.
Mayor Wambsganss called for a break at 10:11 p.m. and reconvened the meeting at 10:27 p.m.
Councilmember Jones was out of the room during the consideration of Agenda Item No. 7E.
Agenda Item No. 7E. Resolution No. 06-021, (ZA06-056). Specific Use Permit for a
telecommunications antenna on property located at 400 North White Chapel Boulevard within
the Park's Department maintenance compound in Bicentennial Park. The City of Southlake
Department of Public Safety is requesting to install an AM band transmission antenna of
approximately 45 feet in height within the Bicentennial Park maintenance compound for the
purpose of broadcasting general and emergency information for the City of Southlake. Current
Zoning: CS Community Service District. Chief Planner Killough presented this item to Council.
Fire Chief Finn answered questions of Council. 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 TELECOMMUNICATIONS TOWERS,
ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF TRACT IE,
SITUATED IN THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, MORE
FULL Y AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE
APPROVED CONCEPT PLAN A TT ACHED 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. 06-021, (ZA06-056), Specific Use Permit for a
telecommunications antenna on property located at 400 North White Chapel Boulevard as
presented.
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Muzyka
Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss
None
6-0
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Page 8 of 17
Agenda Item No. 7F. Resolution No. 06-025, (ZA05-134), Specific Use Permit for a
telecommunications antenna located at 340 Miron Drive. Current Zoning: B-1 Business Service
Park District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council in
conjunction with agenda item no. 7G. Applicant Bill Bowman represented Fiber Tower, 2300
Springer Drive, Arlington, 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 TELECOMMUNICATIONS TOWERS,
ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 3R5, BLOCK 1, MIRON
ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS
DEPICTED ON THE APPROVED CONCEPT PLAN A TT ACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
Mayor W ambsganss opened the public hearing.
Lisa Schmidt of American Tower, 12 Arrowhead Circle, Hickory Creek, Texas 75065, addressed
Council as a representative ofthe owner of the tower.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Resolution No. 06-025, (ZA05-134), Specific Use Permit for a
telecommunications antenna located at 340 Miron Drive subject to the recommendations of the
P&Z Commission, however, removing the limitation that no more additional equipment shall be
placed on this tower and subject to Concept Plan Review Summary No.4, dated April 28, 2006.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7G. Resolution No. 06-026, (ZA05-135), Specific Use Permit for a
telecommunications antenna located at 2105 Greenwood Drive. Current Zoning: S-P-l Detailed
Site Plan District. SPIN Neighborhood #16. Chief Planner Killough presented this item to
Council in conjunction with agenda item no. 7F. Applicant Bill Bowman represented Fiber
Tower, 2300 Springer Drive, Arlington, Texas, answered Council's questions. In accordance
with Section 4.21 ofthe 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 TELECOMMUNICATIONS TOWERS,
ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT IR, BLOCK B, NORTH
DAVIS BUSINESS PARK, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
"A", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO
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Page 9 of 17
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. 06-026, (ZA05-135), Specific Use Permit for a
telecommunications antenna located at 2105 Greenwood Drive subject to Concept Plan Review
Summary No.4, dated April 28, 2006.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7H. ZA06-033, Site Plan for Lot 5, Chapel Hill Office Park located at 261
East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN
Neighborhood #9w. Chief Planner Killough presented this item to Council.
No one spoke during the public hearing.
Motion was made to approve ZA06-033, Site Plan for Lot 5, Chapel Hill Office Park, subject to
Site Plan Review Summary No.3, dated April 28, 2006, and subject to the recommendations of
the P &Z Commission.
Motion: Terrell
Second: Stansell
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. lOA. Log Cabin Committee report. Craig Rothmeier, 618 Regency Crossing,
Southlake, Texas, spoke on behalf of the committee and presented this item to Council.
Mayor Wambsganss allowed the public to speak.
Lou Ann Heath, 1351 Lakeview Drive, Southlake, Texas, asked Council to approve the
committee's suggestion of Summit Park.
Joe and Deanna Keinast, 1518 Main Street, Southlake, Texas, spoke in opposition to the
proposed site.
Connie Cooley, 603 Vicksburg Court, Southlake, Texas, represented the Southlake Historical
Society and spoke in favor of the proposed location.
John and Brenda Colvin, 1530 Main Street, Southlake, Texas, spoke III opposition to the
proposed site.
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Page 10 of 17
Philip Wise, 904 Brazos Drive, Southlake, Texas, spoke in opposition to the proposed site.
Boyd Dollar, 525 Brooks Court, Southlake, Texas, spoke in opposition to the proposed site.
Mayor Wambsganss read the names of those who did not wish to speak but were opposed to the
proposed site:
Sandra Armstrong, 163 Summit Avenue, Southlake, Texas;
Domingo and Norma Cantu, 175 Summit Avenue, Southlake, Texas;
John Colvin, 1530 Main Street, Southlake, Texas;
Genny Hale, P.O. Box 92183, Southlake, Texas;
Thomas and Mary Jane Julia, 1504 Main Street, Southlake, Texas;
Kelly and Nancy Kading, 1526 Main Street, Southlake, Texas;
Ed Richmond, 1313 Stonelakes Drive, Southlake, Texas: "put cabin at Bicentennial Park Liberty
Garden; "
Angela Silagy, 510 Fox Glenn, Southlake, Texas: "how about putting it in Bob Jones Park;"
Ramachandran Sivasankar, 1917 White Oak Clearing, Southlake, Texas;
Bill Stonaker, 1512 Main Street, Southlake, Texas;
Mark Visosky, 171 Summit Avenue, Southlake, Texas;
Erin and Jayne Winfrey, 173 Summit Avenue, Southlake, Texas: "cabin is out of context with
the environment; should be placed in Bicentennial as there is no opposition;" and,
Amy and Keith Zagar, 169 Summit Avenue, Southlake, Texas.
Carlie Stephenson, 1414 Kensington Court, Southlake, Texas, did not wish to speak but recorded
her support for the proposed location.
Brian Stebbins spoke in opposition to the proposed location.
Jeroll Chivers spoke in support of the proposed location.
Council discussed the committee's recommendation.
Councilmember Stansell stated that since he was not part of the Council that chartered this, he is
going to abstain on this vote.
Motion was made to accept and adopt the recommendation of the Log Cabin Committee as
presented tonight.
Motion: Hill
Second: Muzyka
Ayes: Hill, Muzyka, Wambsganss
Nays: Jones, Morris, Terrell
Abstains: Stansell
Vote failed: 3-3-1
Motion was made to accept the Bunker Hill, Bicentennial Park, location.
Motion: Terrell
Second: Jones
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Page 11 of 17
Ayes:
Nays:
Approved:
Jones, Morris, Stansell, Terrell
Hill, Muzyka, Wambsganss
4-3
Mayor Wambsganss announced the meeting will be continued on May 30, 2006.
The following items will be considered on May 30, 2006:
Agenda Item No. 7C. Ordinance No. 480-488, 2nd Reading (ZA05-167). Zoning Change and
Concept Plan / Site Plan for Town Lake Crossing, located at the northwest comer of West
Southlake Boulevard and Randol Mill Avenue. Current Zoning: C-3 General Commercial
District and SF-1A Single Family Residential District. Requested Zoning: S-P-2 Generalized Site
Plan District. SPIN Neighborhood #15.
Agenda Item No. 7D. ZA05-168, Plat Revision for proposed Lots 1 through 5, Block L Town
Lake Crossing, being a revision of Lots 4R2 and 4R3, J.G. Allen No. 18 Addition; and Lots 6
and 7, Drake Estates Addition. The property is located at the northwest comer of West Southlake
Boulevard and Randol Mill Avenue. Current Zoning: C-3 General Commercial District and SF-
1A Single Family Residential District. Proposed Zoning: S-P-2 Generalized Site Plan District.
SPIN Neighborhood #15.
Agenda Item No. 8A. Ordinance No. 480-489, 15t Reading, (ZA06-027) Zoning Change and
Development Plan for proposed Palomar Estates located at 945 and 985 Randol Mill Avenue and
2090 through 2186 Gifford Court. Current Zoning: AG Agricultural District. Requested Zoning:
R-PUD Residential Planned Unit Development District. SPIN Neighborhood #12.
Agenda Item No. 8B. Ordinance No. 480-490, 15t Reading, (ZA06-029) Zoning Change for
proposed Saddleback Ridge Estates, located at 330 through 360 West Bob Jones Road. Current
Zoning: RE Single Family Residential Estate District and AG Agricultural District. Requested
Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #1.
Agenda Item No. 8C. Ordinance No. 480-IIL 15t Reading, Amending the Comprehensive Zoning
Ordinance No. 480, as amended, as it pertains to Section 45, Specific Use Permits.
Agenda Item No. lOB. Consider SP06-255, Variance to Sign Ordinance No. 704-B for Thorpe
Family Dentistry, located at 1940 East State Highway 114, Suite 100.
Mayor Wambsganss dismissed the meeting at 1 :09 a.m.
THE MEETING WAS CONTINUED TO MAY 30, 2006, AT 5:00 P.M.
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Page 12 of 17
MAY 30. 2006. CITY COUNCIL CONTINUATION MEETING:
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris and
Deputy Mayor Pro Tern John Terrell; and Councilmembers Laura K. Hill, Gregory Jones,
Virginia M. Muzyka and Vernon Stansell.
CITY COUNCIL ABSENT: None.
ST AFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, Information Systems Manager Gary Gregg, Audio
Visual System Technician Pam Jordan, Director of Economic Development Greg Last, Director
of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Works Bob Price,
City Attorney E. Allen Taylor, and City Secretary Lori Farwell.
Agenda Item No. 1. Call to order. The May 16,2006, continuation meeting regular session was
reconvened by Mayor Wambsganss at 5:24 p.m.
Agenda Item No. 7C. Ordinance No. 480-488, 2nd Reading (ZA05-167), Zoning Change and
Concept Plan / Site Plan for Town Lake Crossing, located at the northwest comer of West
Southlake Boulevard and Randol Mill Avenue. Current Zoning: C-3 General Commercial
District and SF-IA Single Family Residential District. Requested Zoning: S-P-2 Generalized Site
Plan District. SPIN Neighborhood # 15. Chief Planner Killough presented this item to Council in
conjunction with item 7D. Applicant Michael Clark of Winkleman and Associates, 6750
Hillcrest Plaza, Suite 100, Dallas, Texas, presented this item to Council and answered questions.
Director Price answered questions relating to intersection improvements at FM1709 and
FM1938. 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 LOTS
4R2 & 4R3, J.G. ALLEN NO. 18 ADDITION AND LOTS 6 & 7, DRAKE ESTATES, AND
BEING APPROXIMATELY 9.74 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "C-3" GENERAL COMMERCIAL DISTRICT AND
"SF-IA" SINGLE FAMILY RESIDENTIAL DISTRICT TO "S-P-2" GENERALIZED SITE
PLAN DISTRICT WITH LIMITED "C-2" LOCAL RETAIL COMMERCIAL DISTRICT
USES, 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;
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Page 13 of 17
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.
Mayor Wambsganss opened the public hearing. Although no one spoke, Mayor Wambsganss
read the following comment card into the record:
Mike Mills, 1528 Main Street, Southlake, Texas, in support: "Unless neighboring residents
object, I would like to ask the developer to incorporate the name Jellico in the name of the
development in recognition of the community that once was on that site. Also, to retain the
historical marker that exists."
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480-488, 2nd Reading (ZA05-167), Zoning Change
and Concept Plan / Site Plan for Town Lake Crossing noting the developer's agreement to
change the name of the development to Jellico Square and to maintain the historical monument;
allowing the developer to move the front of the Chase Bank building to face Randol Mill but
requiring the facade facing FM1709 to have the same appearance as the front of the building
only without doors; moving the mechanical equipment to the northern end of the west wide of
the building which will be screened with a brick wall and further landscaping; stating that if a
dumpster is required on this particular lot for this building in the future, the placement of the
dumpster will require City Council approval; requiring the proposed improvements to south
bound Randol Mill to be made as shown on the site plan; requiring the landscaping plan to be
submitted to staff for review and approval at a later date; clarifying that the west driveway on
FMl709 will be permitted as proposed; subject to City Council's approval on first reading; and
subject to Site Plan Review Summary No.5, dated May 10, 2006.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7D. ZA05-168. Plat Revision for proposed Lots 1 through 5. Block 1. Town
Lake Crossing. being a revision of Lots 4R2 and 4R3. J.G. Allen No. 18 Addition; and Lots 6
and 7. Drake Estates Addition. The property is located at the northwest comer of West Southlake
Boulevard and Randol Mill Avenue. Current Zoning: C-3 General Commercial District and SF-
1A Single Family Residential District. Proposed Zoning: S-P-2 Generalized Site Plan District.
SPIN Neighborhood #15. Chief Planner Killough presented this item to Council in conjunction
with item 7C. Applicant Michael Clark of Winkleman and Associates, 6750 Hillcrest Plaza,
Suite 100, Dallas, Texas, presented this item to Council and answered questions.
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Page 14 of 17
Motion was made to approve ZA05-168, Plat Revision for proposed Lots 1 through 5, Block 1,
Town Lake Crossing, subject Plat Review Summary No.4, dated April 13, 2006.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 8A. Ordinance No. 480-489, 1st Reading, (ZA06-027) Zoning Change and
Development Plan for proposed Palomar Estates located at 945 and 985 Randol Mill Avenue and
2090 through 2186 Gifford Court. Current Zoning: AG Agricultural District. Requested Zoning:
R-PUD Residential Planned Unit Development District. SPIN Neighborhood #12. Chief Planner
Killough presented this item to Council. Director Price addressed drainage issues. Applicant
Curtis Young of the Sage Group made a presentation and answered Council's questions.
Council discussed this request.
No one from the audience spoke on this item.
Motion was made to approve Ordinance No. 480-489, lst Reading, (ZA06-027) Zoning Change
and Development Plan for proposed Palomar Estates subject to Development Plan Review
Summary No.3, dated April 28,2006; noting all fences that face street frontage will be wrought
iron; prior to second reading, the applicant will contact neighbors to the north to determine if
they are willing to have their wood fences replaced with wrought iron fencing; noting the
applicants willingness to work with the city to accommodate excess drainage coming from
Randol Mill Avenue; noting the detention pond will be changed to a detention/retention pond
which will maintain a constant level; noting the developer will vacate the portion of Gifford
Court affecting the six lots and will sprinkler all homes in the subdivision; requiring the fence
along the southern border to be 8' cedar fence with top cap and metal poles; and subject to
recommendations of the Planning and Zoning Commission.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss called for a break at 6:59 p.m. and reconvened the meeting at 7:31 p.m.
Agenda Item No. 8B. Ordinance No. 480-490, 1st Reading, (ZA06-029) Zoning Change for
proposed Saddleback Ridge Estates, located at 330 through 360 West Bob Jones Road. Current
Zoning: RE Single Family Residential Estate District and AG Agricultural District. Requested
Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #1. Chief Planner
Killough presented this item to Council. Director Price addressed drainage and utility issues.
Councilmember Jones disclosed that he has known Mr. Lahoda for 15 years and has represented
him in the past. He does not currently represent Mr. Lahoda in any capacity.
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Page 15 of 17
Applicant Tom Lahoda of the Lahoda Group made a presentation and answered Council's
questions. Rob Adams of Adams Engineering also made a presentation and answered Council's
questions.
Mayor Wambsganss allowed the public to speak.
Dick Anderson, 4553 North White Chapel Boulevard, Southlake, Texas, discussed status of
existing pond on North White Chapel Boulevard.
Randy Reader, 4440 North White Chapel Boulevard, Southlake, Texas, discussed drainage
concerns.
Stu Burge, 500 West Bob Jones Road, Southlake, Texas, spoke in support and stated that Mr.
Lahoda has been extraordinarily responsive to the neighbors' concerns.
Dayle Binder, owner of Showtime Farms, raised concerns relating to the safety of her horses and
riders.
Council discussed this item.
Motion was made to approve Ordinance No. 480-490, 1 st Reading, (ZA06-029) Zoning Change
for proposed Saddleback Ridge Estates, subject to Concept Plan Review Summary No.1, dated
May 10, 2006; noting the developer's agreement to instruct future owners of lots to provide a
minimum of 4-inch caliper trees along the roadway; noting the developer will provide a
minimum of 6-inch caliper trees in the median; requiring the ponds to be changed to
detention/retention ponds with constant water levels; developer will provide fencing as shown;
will place a deed restriction against having horses on any of these lots; noting the developer's
agreement to place cedar trees on this property adjacent to the southwest corner of Showtime
Farms property and will bring documentation to next meeting; and subject to the
recommendations of the Planning and Zoning Commission.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 8C. Ordinance No. 480-IIL 1 st Reading, Amending the Comprehensive Zoning
Ordinance No. 480, as amended, as it pertains to Section 45, Specific Use Permits. Chief Planner
Killough presented this item to Council. Applicant Charles McMurray made a presentation and
answered Council's questions.
Mayor Wambsganss allowed the public to speak.
Blake White, 2807 Lake Court, Keller, Texas: "I request the word, automobile, to be added into
the amendment."
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Page 16 of 17
Council discussed this request.
Motion was made to approve Ordinance No. 480-III, 1st Reading, Amending the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to Section 45, Specific Use Permits.
Motion: Terrell
There was no second to the motion. Motion failed.
Motion was made to deny Ordinance No. 480-III, 1st Reading, Amending the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to Section 45, Specific Use Permits.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell
Nays: Wambsganss
Vote: 6-1 (to deny)
Agenda Item No. lOB. Consider SP06-255. Variance to Sign Ordinance No. 704-B for Thorpe
Family Dentistry. located at 1940 East State Highway 114. Suite 100. Chief Planner Killough
presented this item to Council. Applicant Richard Thorpe, 5117 Bay View Drive, Keller, Texas,
made a presentation and answered Council's questions.
Motion was made to approve SP06-255, Variance to Sign Ordinance No. 704-B for Thorpe
Family Dentistry, located at 1940 East State Highway 114, Suite 100, specifically not approving
the second tenant's sign as requested but permitting the applicant's sign to cross over the center
of the lease space; requiring the applicant's sign to be within the middle 75% of the articulated
wall plane of the building fayade; and requiring the sign to be consistent with the lettering font,
size, and color of the other signs on the building.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 12. Mayor Wambsganss adjourned the meeting at 9:58 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
AT~ fA~
Lori A. Farwell, TRMC
City Secretary
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