2005-04-19
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CITY OF SOUTHLAKE
OFFICIAL RECORD
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 19. 2005
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith
Shankland and Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K.
Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Interim Deputy City Manager
Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim
Bush, Library Administrator Kerry McGeath, Information Systems Technician Sam
Cobb, Audio Visual System Technician Pam Jordan, Director of Community Services
Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Director of
Economic Development Greg Last, Director of Finance Sharen Elam, Director of
Planning Ken Baker, Chief Planner Dennis Killough, Interim Director of Public Safety
Rick Smith, Director of Public Works Pedram Farahnak, Deputy Director of Public
Works Charlie Thomas, City Attorney E. Allen Taylor, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at
5 :32 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda
items lOA and lOB were added to the consent agenda. The work session ended at 5:57
p.m.
REGULAR SESSION:
A~enda Item No.1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:57 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced the City
Council would be going into Executive Session pursuant to the Texas Government Code,
Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding
real property; and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 5:57 p.m. Executive
Session began at 6:28 p.m. and ended at 8:02 p.m.
Agenda Item No. 28. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 8:06 p.m. The Mayor asked if there was any action necessary as a result of the
Executive Session. No action was necessary.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2005
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Agenda Item No. 3 Invocation. The invocation was given by Mike Beaugh from
Southlake Boulevard Presbyterian Church. Mayor Wambsganss led the pledge of
allegiance.
Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming
meetings and events. Councilmember Jones commented on local restaurant, Red Sage,
who has a new summer menu.
Agenda Item No. 4B. City Manager's Report. There was no report given.
Agenda Item No. 4C. Financial Report. A written report was included in City Council's
packet.
Agenda Item No. 4D. School District Reports. There was no report given.
Agenda Item No. 4E. Local Business R~ort. Director Last introduced Olivia Bennett
from Olivia's Sweet Shop who introduced her 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 5. 2005. regular City Council
meeting. Approved as presented.
Agenda Item No. 5B. ZA05-019. Plat Revision for Lots 3R2Rl. 3R2R2. and 3R2R3.
Green Meadow Subdivision: being a revision of Lot 3R2. Green Meadow Subdivision.
located on the south side of East Continental Boulevard. at the intersection of East
Continental Boulevard and South Kimball Avenue. Current Zoning: 1-1 Light Industrial
District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council
during the work session.
Agenda Item No. 5C. ZA05-029. Plat Revision for Lot 4R. Block 5. Clariden Ranch
Phase IB located at 701 Silver Spur Court. Current Zoning: SF-IA Single Family
Residential District. SPIN Neighborhood # 1. Chief Planner Killough presented this item
to Council during the work session.
Agenda Item No. 5D. Consider excusing members of the City Council and of the
Planning and Zoning Commission for absences from meetings. Mayor Wambsganss
presented this item to Council. Council excused the absence of Mayor Pro Tern
Shankland from the April 5, 2005 Council meeting.
Agenda Item No. lOA. Authorize the City Manager to enter into a professional services
agreement with MAXIMUS to conduct a management study of the Department of Public
Works Operations Division. Interim Deputy City Manager Kiefer presented this item to
Council during the work session.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2005
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Agenda Item No. lOB. Consider 50th Anniversary Planning Committee. Lou Ann Heath
presented this item to Council during the work session. Council discussed the formation
of the planning committee and sub-committees. The Mayor said each Councilmember
would nominate one person to the committee and give that name to the City Secretary
prior to the next Council meeting. He stated the committee should also include: current
Mayor and Council; previously elected city officials (Mayors, Councilmembers,
Municipal Judges); one representative from each of the following: Planning and Zoning
Commission, Park & Recreation Board, Senior Advisory Committee, Joint Utilization
Committee, Southlake Historical Society, Southlake Program for the Involvement of
Neighborhoods, Sister Cities, Mayor's Advisory Committee, Library Board, DPS
Citizen's Academy, and Community Emergency Response Team. From the business
community, the Mayor suggested two members from the Chamber of Commerce and two
members from the Southlake Executive Forum. Ms. Heath also suggested members from
other civic organizations in her correspondence to Council.
Motion was made to approve consent agenda items 5A; 5B subject to Plat Review
Summary No.2, dated April 1, 2005; 5C subject to Plat Review Summary No.1, dated
April 1, 2005; 5D to excuse the absence of Mayor Pro Tern Shankland from the April 5
Council meeting; lOA; and lOB authorizing staff to proceed with the planning of the 50th
Anniversary Planning Committee and including as part of the record the correspondence
from Lou Ann Heath as well as the listing of individuals who will initially comprise the
committee.
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Shankland
Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
7-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum.
Rhonda Hight, 1709 North Carroll Avenue, Southlake, spoke to Council regarding the
recently approved wrecker contract with Euless B&B Wrecker.
Mimi Best, 606 Logans Lane, Southlake, spoke to Council regarding the Digging for
Dragons program on April 23, 2005 from 10 a.m. to 4 p.m. at Dragon Stadium.
Councilmember Hill announced the DPS Appreciation Day on April 23, 2005 from 3:00
p.m. to 6:00 p.m. in Southlake Town Square.
Mayor Wambsganss closed the public forum and announced Council would discuss Item
8A next.
Agenda Item No. 8A. Ordinance No. 480-280a. 1st Reading (ZA04-047). Zoning Change
and Concept Plan for Stonebridge Park located at 150-175 Stonebridge Lane. 2340 and
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2350 West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District.
Reauested Zoning: S-P-2 Generalized Site Plan District with 0-1 Office District and C-2
Local Retail Commercial District uses. SPIN Neighborhood #16. Chief Planner Killough
presented this item to Council during the work session.
Motion was made to approve Ordinance No. 480-280a, 1st Reading (ZA04-047), Zoning
Change and Concept Plan for Stonebridge Park, subject to Concept Plan Review
Summary No.7, dated April 1, 2005, and subject to the recommendations from the
Planning and Zoning Commission.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7 A. Ordinance No. 886. 2nd Reading. an ordinance canceling the Mav
7.2005. General Election and declaring each unoPtlosed candidate elected to office; and
providing an effective date. Mayor Wambsganss presented this item to Council. In
accordance with Section 4.21 of the City Charter, the caption for this term is listed as
follows:
AN ORDINANCE CANCELLING THE MAY 7, 2005, 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. 886, 2nd Reading, an ordinance canceling the
May 7,2005, General Election and declaring each unopposed candidate elected to office;
and providing an effective date.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7B. Ordinance No. 480-453. 2nd Reading (ZA05-010t Concept Plan for
proposed Lots 1-9. Block 1. The Pavilion at Southlake; being Tracts 2A2. 1A. 1Al. and
1A1A. W. R. Eaves Survev. Abstract No. 500; and Zoning Change specificallv for Tracts
1A. 1Al. and 1A1A located on the south side of West Southlake Boulevard where it
intersects with Meadowlark Lane. Current Zoning: C-3 General Commercial District and
AG Agricultural District. Requested Zoning: C-3 General Commercial District. SPIN
Neighborhood #16. Chief Planner Killough presented this item in conjunction with
agenda items 7C and 7D. Applicant Phillip Bressink, 200 Swallow Drive, Southlake,
made a presentation and answered Council's questions. Architect F.C. LeVrier
introduced the owner of Stampede Sports, Rick Byrd, 112 Woodglen Court, Southlake,
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who answered Council's questions. In accordance with Section 4.21 of the City Charter,
the caption for this term 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 lA, lAlA, & lAl, SITUATED IN THE W.R. EAVES
SURVEY, ABSTRACT NO. 500, BEING APPROXIMATELY 0.6 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "C-3" GENERAL COMMERCIAL DISTRICT AS
DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED' HERETO AND
INCORPORATED HEREIN AS EXHffiIT "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. No one spoke, but Max Krugler recorded
his support. Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480-453, 2nd Reading (ZA05-0l0), Concept
Plan for proposed Lots 1-9, Block 1, The Pavilion at Southlake, being Tracts 2A2, lA,
lAl, and lAlA, W. R.Eaves Survey, Abstract No. 500; and Zoning Change specifically
for Tracts lA, lAl, and lAlA subject to Concept Plan Review Summary No.2, dated
March 30, 2005, as approved at first reading and subject to the Planning and Zoning
Commission's recommendations, approving the architectural styles of the buildings as
shown on rendering shown on AprilS, 2005.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7C. ZA05-0ll. Preliminary Plat for Lots 1-9. Block 1. The Pavilion at
Southlake: being Tracts 2A2. lA. lAlA. & lAl. W.R. Eaves Survey. Abstract No. 500.
The property is located on the south side of West Southlake Boulevard where it intersects
with. Meadowlark Lane. Current Zoning: C-3 General Commercial District and AG
Agricultural District. Proposed Zoning: C-3 General Commercial District. SPIN
Neighborhood #16. Chief Planner Killough presented this item in conjunction with
agenda items 7B and 7D.
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Motion was made to approve ZA05-011, Preliminary Plat for Lots 1-9, Block 1, The
Pavilion at Southlake, subject to Plat Review Summary No.2, dated March 11,2005, and
granting the requested variances.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7D. ZA05-001. Site Plan for Stampede Sports Arena. being a portion
of Tract 2A2. W.R. Eaves Survey. Abstract No. 500. proposed Lot 5. Block 1. The
Pavilion at Southlake. and being on property located on the south side of West Southlake
Boulevard where it intersects with Meadowlark Lane. Current Zoning: C-3 General
Commercial District. SPIN Neighborhood #16. Chief Planner Killough presented this
item in conjunction with agenda items 7B and 7C. Applicant Rick Byrd, 112 Woodglen
Court, Southlake, and Ben Henry of Adams Engineering answered Council's questions.
Mayor Wambsganss opened the public hearing.
The following people spoke in opposition of this request:
Roberta Hill, 515 Indian Paintbrush Way, Southlake;
Pat Aston, 511 Indian Paintbrush Way, Southlake; and,
Michael Carter, 1808 Native Dancer Place, Southlake.
The following people spoke in support of this request:
Carrie Canter, 215 Silverwood Circle, Southlake;
Rick Borkowski, 1201 Cypress Creek Circle, Southlake; and,
Rodger Hill, Jr., 103 W oodglen Court, Southlake.
The following people did not speak but wished to record their support:
Bart Gaskill, 1700 Elk's Lane, Southlake;
Max Krugler, 708 Nettleton Drive, Southlake; and,
Steve Lakin, 400 Donley Court, Southlake.
Mayor Wambsganss closed the public hearing.
Motion was made to approve ZA05-001, Site Plan for Stampede Sports Arena subject to
Site Plan Review Summary No.3, dated April 3, 2005, allowing relief from the slope
setback requirement; requiring the south bufferyard berm to be 2 !Iz foot height; requiring
trees of the size, height, and spread as shown on the F-l bufferyard plan provided this
evening; removing the northern-most articulation shown on the west side of the building
and moving the entire building to the north building line and to the west building line
which will allow for approximately 18 feet of bufferyard along the south property line;
requiring the last game to start no later than 10:00 p.m. except for lock-ins and first game
to start no earlier than 7:00 a.m.; accepting the applicant's commitment to place a sign at
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the front door that will ask patrons to keep noise to a minimum when exiting at night;
accepting the applicant's commitment to place four signs along the south row of parking
that will ask patrons not to park in that last row of parking after 9:00 p.m.; accepting
applicant's commitment to turn off pole lights at closing and allow the 4-foot tall lights to
remain on 24-hours a day; all lights to meet Lighting Ordinance requirements; and.
allowing the removal of all stone along the west elevation.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7E. Resolution No. 05-021. (ZA05-014). Specific Use Permit for the
sale of alcoholic beverages at Michael Anthony's Steakhouse located at 2750 East
Southlake Boulevard. being a portion of Lot 3. Block 2. Gateway Plaza. Phase II. Current
Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. Chief Planner
Killough presented this item to Council. Applicant Rocko Sofio presented his business to
Council. In accordance with Section 4.21 of the City Charter, the caption for this term is
listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC
BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
LOCATED AT 2750 EAST SOUTHLAKE BOULEVARD, SUITE 140, BEING
LEGALLY DESCRIBED AS A PORTION OF LOT 3, BLOCK 2, GATEWAY PLAZA
PHASE II, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A",
AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 05-021, (ZA05-014), Specific Use Permit
for the sale of alcoholic beverages at Michael Anthony's Steakhouse for a period of ten
years, the term of the lease.
Motion: Shankland
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss called for a break at 9:54 p.m. Mayor Wambsganss reconvened the
meeting at 10:06 p.m.
Agenda Item No. 71. Resolution No. 05-018. Adoption of the West Southlake
Boulevard/Pearson: West High.landINorth Peytonville: and the North Side (Areas B. E.
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and F) Area Plans as components of the Comprehensive Master Plan for the City of
Southlake. Mayor Wambsganss announced this item will be tabled to the May 3,2005
City Council meeting, but allowed Ed Nash, 134 Jellico Circle, Southlake, to speak on
this item since he would not be available to attend the May 3 meeting. Mr. Nash spoke to
Council about deed restrictions on several lots within Jellico Estates.
Motion was made to table Resolution No. 05-018, Adoption of the West Southlake
BoulevardJPearson; West Highland/North Peytonville; and the North Side (Areas B, E,
and F) Area Plans as components of the Comprehensive Master Plan for the City of
Southlake to the May 3,2005, Council meeting.
Motion: Shankland
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7F. ZA05-017. Revised Site Plan for Southlake Tavern located at 2700
East Southlake Boulevard. Current Zoning;: S-P-2 Generalized Site Plan District. SPIN
Neighborhood #7. Chief Planner Killough presented this item to Council in conjunction
with agenda items 7G and 7H.
No one spoke during the public hearing.
Motion was made to approve ZA05-017, Revised Site Plan for Southlake Tavern subject
to Site Plan Review Summary No.2, dated April 1, 2005.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7G. Resolution No. 05-022. (ZA05-018), Specific Use Permit for the
sale of alcoholic beverages at Southlake Tavern located at 2700 East Southlake
Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood
#7. Chief Planner Killough presented this item to Council in conjunction with agenda
items 7F and 7H. Applicant Charlie Morrison, 1221 Westwood Drive, Roanoke,
answered Council's questions. In accordance with Section 4.21 of the City Charter, the
caption for this term is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC
BEGERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
LOCATED AT 2700 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY
DESCRffiED AS A PORTION OF LOT SR, BLOCK 2, GATEWAY PLAZA PHASE
II, MORE FULLY AND COMPLETELY DESCRffiED IN EXHffiIT "A", AND AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
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INCORPORATED HEREIN AS EXHffiIT "B" AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 05-022, (ZA05-018), Specific Use Permit
for the sale of alcoholic beverages at Southlake Tavern for a period of ten years, the term
of the lease.
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Shankland
Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
7-0
Agenda Item No. 7H. Consider SP05-090. Variance to Sign Ordinance No. 704-B for
Southlake Tavern located at 2700 East Southlake Boulevard. Chief Planner Killough
presented this item to Council in conjunction with agenda items 7F and 7G. Applicants
Dayne Ridenhour of D & E Architecture and Terry Wilkinson of Wyndham Properties
answered Council's questions. Council discussed this request.
Motion was made to approve SP05-090, Variance to Sign Ordinance No. 704-B for
Southlake Tavern located at 2700 East Southlake Boulevard as presented.
Motion: Shankland
Second: Terrell
Ayes: Jones, Morris, Muzyka, Shankland, Terrell
Nays: Hill, Wambsganss
Approved: 5-2
Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
10:48 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
-
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Andy W :Sganss -
Mayor
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REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2005
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