2006-05-02
CITY OF SOUTHLAKE
OFFICIAL RECORD
REGULAR CITY COUNCIL MEETING MINUTES: MAY 2. 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, Gregory Jones, and
John Terrell (arrived at 5:23 p.rn.).
CITY COUNCIL ABSENT: Councilmember Virginia M. Muzyka.
ST AFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, Office Manager/PIG 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, Economic
Development Specialist Stefanie Wagoner, Director of Finance Sharen Jackson, Director of
Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis
Killough, Chief Building Official Paul Ward, Building Inspections Supervisor Eddie Wilson,
Plans Examiner Chuck Bloomberg, Director of Public Safety Rick Smith, Chief of Fire Services
Robert Finn, Fire Marshal David Barnes, Chief of Police Services Wade Goolsby, Director of
Public Works Bob Price, Civil Engineer Cheryl Taylor, City Attorney Tim Sralla, Deputy City
Secretary Tara Brooks, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:12 p.m.
City Council reviewed the agenda items with city staff and applicants. The work session ended at
5:40 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular seSSIOn was called to order by Mayor
Wambsganss at 5:40 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 5:40 p.m. Executive
Session began at 5:56 p.m. and ended at 6:17 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:28
p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session. No action
was necessary.
REGULAR CITY COUNCIL MEETING MINUTES, MA Y 2, 2006
Page 1 of8
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.
Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and
events. Item 4Al was moved after item 4C.
Agenda Item No. 4A2. Proclamation for Building Safety Week. Mayor Wambsganss presented
the proclamation to Chief Building Official Ward and Fire Marshal Barnes.
Agenda Item No. 4A3. Greater Fort Worth Builder's Association Spotlight Award. Kosse
Maykus and Meredith Martin of the Greater Fort Worth Builder's Association presented the
Spotlight Award to the City of Southlake.
Agenda Item No. 4A4. Building Officials Association of Texas Award of Excellence. Jim Olk of
the Building Officials Association of Texas presented the A ward of Excellence to the Building
Services Department.
Agenda Item No. 4B. City Manager's Report. There was no report given.
Agenda Item No. 4C. Parks and Recreation Board Report. Boardmember Ken Goodman
announced upcoming meeting and events.
Agenda Item No. 4Al. Recognition of outgoing Mayor Pro Tern. Keith Shankland. Mayor
Wambsganss and Councilmembers recognized Mayor Pro Tern Shankland and invited everyone
to the foyer for cake and punch to celebrate his service to the City.
Mayor Wambsganss called for a break at 6:43 p.m. and reconvened the meeting at 7:09 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 April 18. 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. Mayor Wambsganss was absent from the April 18,
2006, City Council meeting. Brandon Bledsoe was absent from the April 20, 2006, Planning and
Zoning Commission meeting.
Agenda Item No. 5C. Approve Southlake Sidewalk Sale application. allowing for a Citywide
sidewalk sale on Saturday. June 10. 2006. A presentation was not made on this item.
Agenda Item No. 5D. Authorize the purchase of 65 personal computers. memory. and 55 LCD
monitors from Hewlett Packard Computers via the State of Texas DIR-PC Contract (DIR- VPC-
03-006) in the amount of $68.945. A presentation was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, MA Y 2, 2006
Page 20f8
Agenda Item No. 5E. Resolution No. 06-020, Grant approval to the Tarrant County Housing
Finance Corporation for the use of the proceeds of its series 2006 single familv mortgage
revenue bonds to finance home mortgages for single family homes located within the City. A
presentation was not made on this item.
Agenda Item No. 5F. Authorize a Street Lighting Service Agreement with TXU Electric
Delivery Service. A presentation was not made on this item.
Agenda Item No. 5G. Variance to the Subdivision Ordinance No. 483, Section 4.011, as
amended, regarding plat expiration and extending the validity of Case ZA03-070, Preliminary
Plat for Mustang Business Park on property located on the northeast comer of Brumlow Avenue
and State Highway 26. Current Zoning: 1-1 Light Industrial District and 1-2 Heavy Industrial
District. SPIN Neighborhood #7. Director Baker presented this item to Council, in conjunction
with item 5H, during the work session. Applicant Martin Schelling, 601 Wall Street, Grapevine,
Texas, answered Council's questions.
Agenda Item No. 5H. Variance to the Subdivision Ordinance No. 483, Section 4.011. as
amended, regarding plat expiration and extending the validity of Case ZA04-108, Final Plat for
Lot 1, Block A, Mustang Business Park, located at the southwest comer of Mustang Drive and
Southwestern. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. Director
Baker presented this item to Council, in conjunction with item 51, during the work session.
Applicant, Martin Schelling, 601 Wall Street, Grapevine, Texas, answered Council's questions.
Agenda Item No. 51. ZA06-043, Plat Revision for proposed Lots 19R through 21R, Block 1,
Estes Park Phase I: being a revision of Lots 19, 20, and 2 L Block L Estes Park Phase I. located
at the southwest comer of Boulder Drive and Castle Rock Drive. Current Zoning: R-PUD
Residential Planned Unit Development District. SPIN Neighborhood #5. A presentation was not
made on this item.
Agenda Item No. 5J. Consider SP06-235, Variance to the Conditional Sign Permit for Southlake
Town Square Grand Avenue District for Fossil. located at 324 Grand Avenue West. Director
Baker presented this item to the Council during the work session. Applicant Frank Bliss, 1008
Quail Run, Southlake, Texas, answered Council's questions. After discussion of this item during
the work session, the applicant withdrew the request.
Agenda Item No. 5K. Consider SP06-248, Variance to the Conditional Sign Permit for Southlake
Town Square Grand Avenue District for Harkins Theatres, located at 1450 Plaza Place. Director
Baker presented this item to Council during the work session. Applicant Frank Bliss, 1008 Quail
Run, Southlake, Texas, answered Council's questions.
Agenda Item No. 5L. 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 985 Randol Mill A venue and along the north side of Gifford Court for proposed Palomar
Estates. This item is tabled to the May 16, 2006, City Council meeting.
REGULAR CITY COUNCIL MEETING MINUTES, MAY 2, 2006
Page 3 018
Agenda Item No. 5M. 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. This item is tabled to the May 16, 2006, City Council
meeting.
Agenda Item No. 5N. Ordinance No. 480-487, 1 sl 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 table this item to the May
16, 2006, City Council meeting.
Motion was made to approve consent agenda items 5A; 5B to excuse the absences of Mayor
Wambsganss from the April 18, 2006, City Council meeting and Commissioner Bledsoe from
the April 20, 2006, Planning and Zoning Commission meeting; 5C; 5D; 5E; 5F; 5G; 5H; 51; to
withdraw Item 5J; 5K; to table Item 5L to the May 16, 2006, City Council meeting; to table Item
5M to the May 16,2006, City Council meeting; and to table at the applicant's request Item 5N to
the May 16, 2006, City Council meeting.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum.
Thomas Drake, 1212 Westmont Drive, Southlake, Texas, expressed concerns regarding the
Shops of Southlake development.
Rita Mills, 1528 Main Street, Southlake, Texas, expressed concerns regarding the proposed
Summit Park location for the log cabin.
Agenda Item No. 7A. 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-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 made a
presentation and 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, MAY 2, 2006
Page 40f8
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, 6B, 6D, 8, 8A, 8A2A, AND 8A2B, SITUATED IN THE J.J. FRESHOUR SURVEY,
ABSTRACT NO. 521 AND LOT 1, BLOCK 1, JOHNSON PLACE ADDITION, BEING
APPROXIMATELY 43.40 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "SF-IA" SINGLE
F AMIL Y RESIDENTIAL DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT WITH "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT
USES 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.
John Geist, 2405 Hillside Court, Southlake, Texas, spoke in favor.
Dave Ewan, 2305 Hillside Court, Southlake, Texas, spoke in opposition.
Vole Smart, 2501 Hillside Court, Southlake, Texas, did not speak but registered his support.
Mayor Wambsganss closed the public hearing.
Based on the fact the applicant has met the intent of Council's previous comments and concerns,
a motion was made to approve Ordinance No. 480-482, 2nd Reading (ZA05-I69), Zoning Change
and Development Plan for Johnson Place providing that the fencing fronting any green belt or
right-of-way be of wrought iron; requiring landscaping within the gapped, open areas in the
bufferyard along the north property line (Lot 16, 17 and 18) to be: 30 gallon shrubs planted on a
6' center (type and size similar to a Wax Myrtle, Nellie R. Stevens, or Burford Holly) and 4-inch
caliper trees in any area with a 25' gap; and subject to Development Plan Review Summary No.
4, dated April 26, 2006, approving the streets as proposed by the applicant.
Motion: Terrell
Second: Shankland
Ayes: Hill, Jones, Morris, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
REGULAR CITY COUNCIL MEETING MINUTES, MAY 2, 2006
Page 50f8
Agenda Item No. 7B. 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. Applicant's representative, Kirk
Williams, 5400 Renaissance Tower, Dallas, Texas, made a presentation and answered Council's
questions. Mr. Williams asked to table Item 8A to the June 6, 2006, City Council meeting.
No one spoke during the public hearing.
Motion was made to approve ZA05-146, Site Plan for Bicentennial Plaza subject to Revised Site
Plan Review Summary No.4, dated April 26, 2006; granting the variance for driveway spacing;
noting the approval is subject to the property being parked to code with a maximum of 49 spaces
and any spaces that are removed will be replaced with pervious coverage; and not approving any
signage or location of signage at this time.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 8A. Ordinance No. 480-48 LIst 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-1 Detailed Site Plan District. SPIN
Neighborhood #10. The applicant requested to table this item to the June 6, 2006, City Council
meeting. There was no discussion on this item.
Motion was made at the applicant's request to table Ordinance No. 480-481, 1st Reading (ZA05-
146), Zoning Change and Site Plan for Bicentennial Plaza to the June 6, 2006, City Council
meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Shankland
Hill, Jones, Morris, Shankland, Terrell, Wambsganss
None
6-0
Mayor Wambsganss called for a break at 8:42 p.m. and reconvened the meeting at 8:59 p.m.
Agenda Item No. 8B. Ordinance No. 480-488, 1 st 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-lA Single Family Residential District. Requested Zoning: S-P-2 Generalized Site
Plan District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council.
Director Price discussed the intersection improvements at the comer of West Southlake
Boulevard and Davis Boulevard. Applicant Michael Clark with Winkelman and Associates made
a presentation to Council and answered their questions.
Council discussed this item and addressed their concerns with Mr. Clark.
REGULAR CITY COUNCIL MEETING MINUTES, .MAY 2, 2006
Page 60f8
Motion was made to approve Ordinance No. 480-488, 1st Reading (ZA05-167), Zoning Change
and Concept Plan / Site Plan for Town Lake Crossing requiring revised drawings of the bank
drive-through with better elevations and renderings of the bank with examples of materials and
addressing the parking around the bank; requiring the applicant to look at limiting the southern
entrance to a right-out only; requiring the applicant to look at a temporary turn lane on Randol
Mill; requiring a right-in, right-out drive at the southern end and adding a raised median that will
force a right turn out, not allowing a left turn out; requiring unified amenities across the entire
development; requiring the evaluation of the detention pond behind Sprout's to be a retention
pond; requiring articulation on the sides of Sprout's; requiring landscaping on the back side of
the Sprout's; subject to Site Plan Review Summary No.4, dated April 13, 2006; and subject to
the recommendations of the Planning and Zoning Commission.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 8C. Ordinance No. 480-484, 1st 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. Applicant Jay Wasserman, 520 Highland Street, Southlake, Texas, answered
Council's questions.
Mayor Wambsganss allowed the public to speak.
Mayor Wambsganss read the following comment cards into the record:
Terry and Meg Walter, 907 Westminster Way, Southlake, Texas, support;
Hobert Brown, 1612 Regal Oaks, Southlake, Texas, support;
Catherine Coker, 2510 Greenbough Lane, Southlake, Texas, support;
Kimberly Bulls, 1501 Coventry Lane, Southlake, Texas, support;
Randy and Terri Keene, 525 West Highland Street, Southlake, Texas, support; and,
Maureen Cramer, 1505 New Castle Road, Southlake, Texas, support.
Tim Railey, 440 West Highland, Southlake, Texas, spoke in opposition.
Robert Gray, 1275 Shady Oaks, Southlake, Texas, spoke to Council regarding the easement on
this property.
Motion was made to approve Ordinance No. 480-484, 1st Reading (ZA05-164) Zoning Change
for a portion of Lot 1, Block 1, Arnold Estates, subject to applicant using pavers that would
allow water to penetrate or other permeable materials on the circular portion of the driveway and
requiring mitigation of any trees lost resulting from construction on a one-inch to one-inch
replacement; moving the southern line of the building envelope northward to a location being
approximately 10' south of the southern face of the existing home as currently shown on the plan
REGULAR CITY COUNCIL MEETING MINUTES, MAY 2, 2006
Page 7018
and moving the northern building line northward to the existing 40' building line; noting the
applicant's agreement to use the same materials on the exterior of the barn as is used on the
home; subject to Development Plan Review Summary No.2, dated April 26, 2006; and requiring
a minimum lot size of 1.25 acres on both lots.
Motion: Terrell
Second: Shankland
Ayes: Hill, Jones, Morris, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 10:55
p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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Andy Wam sganss
Mayor
ATTEST:
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Lori A. Farwell, TRMC
City Secretary
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REGULAR CITY COUNCIL MEETING MINUTES, MAY 2, 2006
Page 80f8
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May 2, 2006
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VIA FAX 817.748.8077
Mr. Ken Baker
Southlake Planning Director
1400 Main Street
Southlake, TX 76092
Re: ZA 05-146
City Council Agenda Item 7B on May 2, 2006
Dear Ken:
As yoLi are aware-, I represent the applicant in the above-referenced; niaiter. At the last City
Council hearing, I stated that I would submit a conforming site plan under the existing zoning with one
exception being the Driveway Spacing Requirement. During our meeting this morning with the City
Manager and City Attorney, I discovered that the site plan on the referenced agenda item fails to meet the
Driveway Stacking Requirement. With the climitiation of the second access point which was to be on the
driveway into Bicentennial Park, the Driveway Stacking Requirement is increased from 50' to 7S.
You represented that the site plan would meet your Driveway Stacking Requirement if I reduced
my parking from 58 spaces to 49 spaces. I have spoken with my client and agree to reduce parking on
site to a maximum of 49 spaces. We still question the advisability of limiting site access to a single entry
point and the reduction of'parking, but we agreed to meet code requirements when possible. Accordingly,
we will volunteer at the City Council heating tonight to limit on site parking in conjunction with this plan
to a maximum of'49 spaces. The driveway location, building footprint, circulation drives will remain the
same. Upon development, parking will be determined by the square footage of space available to specific
uses
Your attention to this matter is appreciated.
Sincerely,
c
Kirk R. Williams
KRWiplg
cc* Shana Yclverion, City Manager (via tax 817.748.8010)
F. Allen Taylor, City Attorney (via fax 817.332.4740)
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