2004-11-09
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OFFICIAL RECORD
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 9.2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Keith Shankland
and Deputy Mayor Pro Tem Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones
(arrived at 5:52 p.rn.), Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: Assistant City Manager Shana Yelverton, Assistant to the City Manager
Ben Thatcher, Executive Secretary Kim Bush, Library Administrator Kerry McGeath, Manager
of Technical Services Gary Gregg, Information Systems Technician Sam Cobb, Audio Visual
System Technician Pam Jordan, Director of Community Services Malcolm Jackson, Deputy
Director of Community Services Steve Polasek, Recreation Supervisor Steve Moore, Economic
Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Director of Human
Resources Kevin Hugman, Director of Planning Ken Baker, Senior Planner Dennis Killough,
Director of Public Safety Rick Black, Chief of Fire Robert Finn, Chief of Police Marlin Price,
Police Lieutenant Russell Daniels, Police Officer Keith Fulgium, Police Officer Randy Thomas,
Police Officer Roderick Page, Chief Building Official Paul Ward, Building Inspector
Supervisory Eddie Wilson, Code Enforcement Officer Renni Burt, Deputy Director of Public
Works Charlie Thomas, City Attorney Debra Drayovitch, City Attorney April Virnig, and City
Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:33 p.m.
City Council reviewed the agenda items with city staff and applicants. Agenda items lOA, lOB,
10C, 10E and 10D to table to the November 16, 2004, Council meeting were added to the
consent agenda. The work session ended at 6:25 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order: The regular seSSIOn was called to order by Mayor
Wambsganss at 6:25 p.m.
Agenda Item No. 2A. Executive Session: Mayor Wambsganss announced that 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;
Section 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding
personnel matters; Section 551.076, deliberation regarding security devices; Section 551.087,
deliberation regarding economic development negotiations; Section 418.183(f) Texas Disaster
Act; and Section 418.106(d) & (e), local meetings to discuss emergency management plans
regarding pipeline safety. City Council adjourned for Executive Session at 6:35 p.m. Executive
Session began at 6:43 p.m. and ended at 7:36 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 9, 2004
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Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:44
p.m. The Mayor asked if there was any action necessary as a result of the Executive Session.
Motion was made to authorize the city manager to negotiate the contract for the sale of the
property at the northeast comer ofFM 1709 and Pearson Lane.
Motion: Jones
Second: Shankland
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No.3. Invocation: The invocation was given by Tom Pennington from Countryside
Bible Church. Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 4A. Mayor's Report: Mayor Wambsganss announced upcoming meetings and
events and presented a proclamation for Veteran's Day to Chief Price, Police Lieutenant Daniels,
Police Officers Fulgium, Thomas and Page. Councilmember Hill recognized Code Enforcement
Officer Burt for a recent good deed she did for a Southlake single mother and her family.
Agenda Item No. 4B. City Manager's Report: Assistant City Manager Yelverton introduced
Randy Childers of the City of Waco who presented the BOAT Best Practices Award to Building
Department employees, Chief Building Official Ward and Building Inspector Supervisor Wilson.
Agenda Item No. 4C. SPIN Board Report: A written report was included in Council's packet.
Agenda Item No. 4D. Library Board Reuort: A written report was included in Council's packet.
Agenda Item No. 4E. Park and Recreation Board Report: Park Board member Katrina Peebles
announced upcoming and recent park activities. Recreation Supervisor Moore announced that on
September 20 the City of Southlake received a Gold Member City Award for outstanding
registration and support for teams and individuals for the athletic programs for the second
consecutive year.
Agenda Item No. 4F. Local Business R((port: Economic Specialist Wagoner introduced local
business owner, Ken Goodman, of Goodman's Taekwondo who introduced his business to the
Council.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion. The Mayor read the items into the record.
Agenda Item No. SA. Approve minutes for the October 19.2004. regular City Council meeting.
Approved as presented.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 9, 2004
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Agenda Item No. 5B. Authorize the City Manager to execute a contract with Microsoft
Corporation for an enterprise software agreement for $62.625. Manager of Technical Services
Gregg presented this item to Council during the work session.
Agenda Item No. 5C. Authorize the Mavor to execute an interlocal agreement with the City of
Keller for the rehabilitation of Davement on Florence Road from North Pearson Lane to Randol
Mill Avenue. Deputy Director Thomas presented this item to Council during the work session.
Agenda Item No. 5D. Authorize the Mavor to execute a professional service agreement with
Cheatham and Associates for engineering design of 04/05 Streets and Sidewalk Improvement
and Localized Drainage ImDrovements. Deputy Director Thomas presented this item to Council
during the work session.
Agenda Item No. 5E. Authorize the City Manager to enter into a lease agreement between Dallas
Harlev-Davidson and the City of Southlake for ten Dolice traffic motorcycles. Director Black
presented this item to Council during the work session.
Agenda Item No. 5F. ZA04-063. Revised DeveloDment Plan for Pecan Creek. Lot 2R. Block 60.
Timarron Addition Phase 5. located on the east side of the 200 block of Byron Nelson Parkway.
aDDfoximatelv 500 feet south of East Southlake Boulevard. Current Zoning: R-PUD Residential
Planned Unit DeveloDment District. SPIN Neighborhood #ge. The applicant requested to table
this item to the January 4,2005, City Council meeting.
Agenda Item No. 5G. Ordinance No. 480-446. (ZA04-044). 1st Reading. Zoning Change and
Concept Plan for Kimball Estates located at 1470 North Kimball Avenue. Current Zoning: SF-
1A Single Family Residential District. Reauested Zoning: SF-20A Single Family Residential
District. SPIN Neighborhood #5. The applicant requested to table this item to the December 7,
2004, City Council meeting.
Agenda Item No. lOA. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings. City Council excused the absences of Mayor
Wambsganss from the November 3, 2004, special City Council meeting; P&Z Commissioner
Brandon Bledsoe from the November 4,2004, P&Z Commission meeting; and Councilmember
Muyzka and Mayor Pro Tern Shankland from the November 8, 2004, special City Council
meeting.
Agenda Item No. lOB. Consider SP04-191. Variance to the Sign Ordinance No. 704-B for CVS
Pharmacy located at 100 East Southlake Boulevard. Senior Planner Killough presented this item
to Council during the work session. Applicant Walter Finninger, 3201 Manaway, Dallas, Texas,
answered Council's questions.
Agenda Item No. 10C. Consider SP04-219. Variance to the Sign Ordinance No. 704-B for
Hibernia Bank located at 1110 East Southlake Boulevard. Senior Planner Killough presented this
item to Council during the work session. Applicant Skip Carter of ABC Signs answered
Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 9, 2004
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Agenda Item No. 10D. Consider Town Sauare - Grand Avenue Develo'Der's Agreement and 380
Agreement. Council agreed to table this item to the November 16, 2004, City Council meeting.
Agenda Item No. lOR Appoint City Council liaisons to Committee for Review of Policies and
Ordinances relating to 'Darks and recreation. senior and youth issues. and related community
services' items. Director Jackson presented this item to Council during the work session. Council
agreed to appoint Councilmember Jones and Deputy Mayor Pro Tem Morris to the Committee
with Councilmember Muzyka as an alternate.
Motion was made to approve the consent agenda Items 5A; 5B; 5C; 5D; 5E; 5F to table to the
January 4,2005, City Council meeting; Item 5G to table to the December 7,2004, City Council
meeting; lOA excusing the absences of Mayor Wambsganss from the November 3,2004, special
City Council meeting; P&Z Commissioner Brandon Bledsoe from the November 4,2004, P&Z
Commission meeting; and Councilmember Muyzka and Mayor Pro Tem Shankland from the
November 8, 2004, special City Council meeting; lOB; 10C; 10D to table to the November 16,
2004, City Council meeting; and 10E appointing Councilmember Jones and Deputy Mayor Pro
Tem Morris with Councilmember Muzyka as an alternate.
Motion: Shankland
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke.
Agenda Item No. 7 A. Agenda Ordinance No. 480-448. (ZA04-054t 2nd Reading. Zoning Change
and Concent Plan for St. Emilion Subdivision located at 1580 East Highland Street on the north
side of East Highland Street. a'D'Droximatelv 650 feet west of Sunshine Lane. being
ap'Droximatelv 17 acres. Current Zoning: AG Agricultural District. Reauested Zoning: SF-30
Single Family Residential District. Amended Requested Zoninfl: SF-1A Sinflle Familv
Residential District. SPIN Neighborhood #5. Senior Planner Killough presented this item to
Council, in conjunction with Agenda Item No. 7B. Applicant Philip Chaffins, 1504 Brentwood
Trail, Keller, Texas, 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 3A1A, 3A1A2, AND 3AID2, SITUATED IN THE F. THROOP SURVEY,
ABSTRACT NO. 1511, BEING APPROXIMATELY 16.93 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHffiIT "A" FROM "AG" AGRICULTURAL
DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 9, 2004
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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. 480-448 (ZA04-054), 2nd Reading, Zoning Change
and Concept Plan for St. Emilion Subdivision, as amended, with SF-1A Single Family
Residential District zoning.
Motion: Shankland
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7B. ZA04-075. Preliminary Plat for St. Emilion Subdivision located at 1580
East Highland Street on the north side of East Highland Street. annroximate1v 650 feet west of
Sunshine Lane. being approximately 17 acres. Current Zoning: AG Agricultural District.
Pronosed Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #5. Senior
Planner Killough presented this item to Council in conjunction with Item No. 7 A.
Motion was made to approve ZA04-075 subject to Plat Review Summary No.4, dated
November 3, 2004.
Motion: Shankland
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7C. Ordinance No. 480-449. (ZA04-079t 2nd Reading. Zoning Change for 711
South White Chanel Boulevard being a portion of Lot 3Rt. Block A. White Chanel Place
Addition. Current Zoning: SF-1A Single Family Residential District. Reauested Zoning: RE
Residential Estate District. SPIN Neighborhood #9W. Senior Planner Killough 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 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 3R1, BLOCK A, WHITE CHAPEL PLACE ADDITION, BEING
APPROXIMATELY 0.248 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 9, 2004
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IN EXHffiIT "A" FROM "SF-IA" SINGLE FAMILY RESIDENTIAL DISTRICT TO "RE"
SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT, SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING 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. 480-449, (ZA04-079), 2nd Reading, zoning change
for 711 South White Chapel Boulevard.
Motion: Shankland
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7D. ZA04-076. Site Plan for 24 Hour Fitness located on the east side of North
Nolen Drive. between Southlake Boulevard and State Highwav 114 (across from Costco).
Current Zonin~: S-P-2 General Site Plan District with C-3 General Commercial District uses.
SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. Applicant Terry
Wilkinson of Wyndham Properties answered Council's questions.
Mayor Wambsganss opened the public hearing.
Callie Lumpkin, 526 Nolen Drive, Southlake, Texas, stated her opposition to this request.
Mark Hanlon, 525 Nolen Drive, Southlake, Texas, stated his opposition to this request.
Rene Lewis, 1936 San Saba, Southlake, Texas, stated her opposition to this request.
The following people turned in comment cards in opposition to this request but did not wish to
speak:
Bob and Carolyn Isham, 325 Bentley Court, Southlake, Texas;
Steve Rothlin, 405 Crowe, Southlake, Texas; and,
Jim Morris, 526 Nolen Drive, Southlake, Texas.
Mayor Wambsganss closed the public hearing.
Motion was made to approve (ZA04-076) Site Plan for 24 Hour Fitness subject to Site Plan
Review Summary No.2, dated October 15, 2004, approving the articulation variance; accepting
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 9, 2004
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the parking agreement; recognizing the applicant's willingness to plant live oak trees on the east
side of the building east of the dam area to help block the back side of the building; and
recognizing the applicant's willingness to continue to maintain the landscaping and the trees.
Motion: Shankland
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. IIA. Southlake 2025 Plan - Davis Boulevard! FM 1938 Corridor. Planning
and Zoning Commission Chairman Vemon Stansell and Director Baker presented this item to
Council during the work session. Planning and Zoning Commissioner Al Morin then answered
Council's questions. No action was taken on this item.
Agenda Item No. lIB. Landscaping of Dublic areas and median designs on public Dropertv and
planned uDdates to the Tree Preservation Ordinance. Director Jackson presented this item to
Council. No action was taken on this item.
Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 9:28
p.m.
*An audio recording of this meeting wiU be permanently retained in the City Secretary's
Office.
7'\~
Andy Wambsganss
Mayor
ATTEST:
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Lori A. Farwell, C
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 9, 2004
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