2008-05-20U CITY Or
SOUTHLAKE
U TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: MAY 20, 2008
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris,
Deputy Mayor Pro Tern Virginia M. Muzyka, and Councilmembers Laura K. Hill, Gregory
Jones (arrived at 5:32 p.m.), and John Terrell (arrived at 6:15 p.m.).
CITY COUNCIL ABSENT: Councilmember Vernon Stansell.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Orlowski, Manager of Information Systems Gary Gregg, Interim
Director of Community Services Chris Tribble, Deputy Director of Community Services
Kerry McGeath, Community Services Coordinator Crystal Shafer, Recreation Specialist
Perry Glaze, Director of Economic Development Greg Last, Economic Development
Specialist Ashley Stathatos, Director of Finance Sharen Jackson, Deputy Director of
Finance Sean Leonard, Purchasing Manager Tim Slifka, Chief of Fire Services Robert
Finn, Fire Marshal David Barnes, Police Captain Rusty Daniels, Director of Planning
and Development Services Ken Baker, Deputy Director of Planning and Development
Services Dennis Killough, Planner II Clayton Comstock, Planner I Jonathan Picha,
Director of Public Works Robert H. Price, Civil Engineer Cheryl Taylor, City Attorney
Tim Sralla, City Attorney E. Allen Taylor, and City Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor
Wambsganss at 5:06 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Margy Gore, gave the
invocation. Mayor Wambsganss led the pledge of allegiance.
Aaenda Item No. 3. Southlake Youth Action Commission (SYAC) Annual Report. SYAC
Chair Sara Seaton presented the report to Council.
Mayor Wambsganss announced Council would go over the items on the agenda and
then discuss the trolley program.
Agenda Item No. 5. Discuss all items on tonight's meeting agenda. City Council
reviewed the agenda items with city staff.
REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008
Page 1 of 13
Agenda Item No. 4. Briefing and discussion on Southlake Trolley program. Director Last
presented this item to Council and answered their questions. Gretchen Lloyd with
Coach America answered Council's questions. Council discussed this item. They
agreed to discuss this issue again at the June Retreat.
Mayor Wambsganss closed the work session at 5:59 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:59 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 attorney, and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 5:59 p.m. Executive Session began at 6:25 p.m. and ended at 7:05 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:11 p.m. and asked if any action was necessary from Executive Session. No action
was necessary.
Agenda Item No. 3A. Mayor's Report. Mayor Wambsganss announced upcoming
meetings and events.
Agenda Item No. W. Proclamation to the Carroll Senior High Lady Dragon Soccer
Team. Mayor Wambsganss presented the proclamation to Coach Matt Colvin and the
soccer team for winning the State championship. Councilmember Terrell read a
message from Councilmember Stansell congratulating the team.
Agenda Item No. 3B. City Manager's Report. A report was not given.
Agenda Item No. 3C. School District's Report. A report was not given.
Agenda Item No. 3D. Financial Report. A written report was provided to 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. 4A. Approve the minutes from the May 6, 2008, regular City Council
meeting. A presentation was not made on this item.
Agenda Item No. 4B. Resolution No. 08-017, Canvass the returns and declare the
results of the General and Special Elections held on May 10, 2008. A presentation was
not made on this item. 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 20, 2008
Page 2 of 13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
CANVASSING THE GENERAL AND SPECIAL ELECTIONS HELD ON MAY 10, 2008;
DECLARING THE RESULTS OF GENERAL AND SPECIAL ELECTIONS; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Wambsganss read the entire resolution into the record.
Agenda Item No. 4C. Resolution No. 08-018, Call a Runoff Election for City
Councilmember Place 6, for June 14, 2008 and extend the contract for election services
with the Tarrant County Elections Administrator. A presentation was not made on this
item. 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,
CALLING FOR A RUNOFF ELECTION TO BE HELD ON JUNE 14, 2008 FOR THE
OFFICE OF CITY COUNCILMEMBER, PLACE 6; AND ESTABLISHING
PROCEDURES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 4D. This item was intentionally left blank.
Agenda Item No. 4E. Resolution No. 08-015, Authorize the acquisition of clean fleet
vehicles. A presentation was not made on this item. In accordance with Section 4.21 of
the City Charter, the caption for this item is listed as follows:
A RESOLUTION AUTHORIZING THE CITY OF SOUTHLAKE TO ACQUIRE CLEAN
FLEET VEHICLES TO THE EXTENT FINANCIALLY PRACTICAL UNDER ANNUAL
BUDGETARY CONSTRAINTS; TO FOCUS ON ACQUIRING HYBRID VEHICLES
WHENEVER POSSIBLE; AND TO OPERATE CITY VEHICLES IN AN
ENVIRONMENTALLY CONSCIOUS MANNER; AND PROVIDING AN EFFECTIVE
DATE.
Agenda Item No. 4F. Approve park naming of Bob Jones Nature Center and Preserve.
A presentation was not made on this item.
Agenda Item No. 4G. Resolution No. 08-020, Appoint members to the SPIN Standinq
Committee. A presentation was not made on this item. Gail Groeniger was appointed to
SPIN #1 with a term ending December 31, 2009. Brandon Becicka was appointed to
SPIN #2 with a term ending December 31, 2009. David Alexander was appointed to
SPIN #3 with a term ending December 31, 2009. Ron Evans was appointed to SPIN
#14 with a term ending December 31, 2008. Dave Bruce was appointed to SPIN #16
with a term ending December 31, 2008. Norma King was appointed to the youth
position with a term ending December 31, 2008. 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 20, 2008
Page 3 of 13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
PROVIDING FOR THE APPOINTMENT OF NEIGHBORHOOD REPRESENTATIVES
TO THE STANDING COMMITTEE OF THE SOUTHLAKE PROGRAM FOR THE
INVOLVEMENT OF NEIGHBORHOODS (SPIN); AND PROVIDING AN EFFECTIVE
DATE.
Agenda Item No. 4H. Approve a mutual aid fire protection and emergency medical
services agreement between the cities of Bedford, Collevville, Euless, Grapevine,
Haltom City, Hurst, Keller, North Richland Hills, Richland Hills, Roanoke, Southlake,
Trophy Club, Watauga, and Westlake. A presentation was not made on this item.
Agenda Item No. 6H. Ordinance No. 480-559, 2nd Reading (ZA08-017), Zoning Change
and Development Plan for Statham/George Addition on property legally described as
Tracts 7 and 7A, R.D. Price Survey, Abstract No. 1207 and Tract 2F2, J. Childress
Survey, Abstract No. 254: and located at 2980 Burney Lane. Current Zoning: SF-1A
Single Family Residential District. Requested Zoning: R-PUD Residential Planned Unit
Development District. SPIN Neighborhood #3. The applicant requested to withdraw this
item.
Agenda Item No. 61. Ordinance No. 480-560, 2nd Readinq (ZA08-018), Zoninq Change
and Development Plan for Housmans/Harbor Oaks Addition on property legally
described as Lot 10, Block 2, Harbor Oaks and located at 2970 Burney Lane. Current
Zoning: SF-1A Single Family Residential District. Requested Zoning: R-PUD Residential
Planned Unit Development District. SPIN Neighborhood #3. The applicant requested to
withdraw this item.
Agenda Item No. 6J. ZA08-019, Preliminary Plat for Statham/George Addition on
property being legally described as Tracts 7 and 7A, R.D. Price Survey, Abstract No.
1207 and Tract 2F2, J. Childress Survey, Abstract No. 254 and being located at 2980
Burney Lane. Current Zoning: SF-1A Single Family Residential District. Proposed
Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3.
The applicant requested to withdraw this item.
Agenda Item No. 6N. ZA07-167, Site Plan for Xaris Office Development on propert
y
located at the northwest corner of East State Highway 114 and North Carroll Avenue
beinq 1050 East State Highway 114. Current Zoning: C-3 General Commercial District.
SPIN Neighborhood #6. This item was tabled to the June 3, 2008, City Council meeting
and the public hearing continued to that date.
Agenda Item No. 7A. Ordinance No. 480-561. 1St Reading (ZA07-135), Zoning Change
and Site Plan for Northeast Baptist Church on property being legally described as Tract
6F02, J.G. Allen Survey, Abstract No. 18 and Lot 11 J.G. Allen, No. 18 Addition: located
at 1000 Davis Boulevard and 2785 Union Church Road. Current Zoning: AG Agricultural
District and SF-1A Single Family Residential District. Requested Zoning: CS Community
Service District. SPIN Neighborhood #15. Planner Comstock presented this item to
REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008
Page 4 of 13
Council during the work session. Applicant Skip Blake from Blake Architects made a
presentation and answered Council's questions.
Agenda Item No. 9A. Consider SP08-080, Variance to Sign Ordinance No. 704-C for
Providence Bank of Texas located at 325 East Southlake Boulevard, for a sign to be
located at 315 East Southlake Boulevard. Planner Comstock presented this item during
the work session. Applicant Dirk Davis from Providence Bank answered Council's
questions.
Motion was made to approve consent agenda items 4A; 413; 4C; 4E; 4F; 4G to appoint
the following: Gail Groeniger to SPIN #1 with a term ending December 31, 2009;
Brandon Becicka to SPIN #2 with a term ending December 31, 2009; David Alexander
to SPIN #3 with a term ending December 31, 2009; Ron Evans to SPIN #14 with a term
ending December 31, 2008; Dave Bruce to SPIN #16 with a term ending December 31,
2008; and Norma King to the youth position with a term ending December 31, 2008; 41-1;
to withdraw items 6H, 61, and 6J as requested by the applicant; to table item 6N to the
June 3, 2008 City Council meeting and to continue the public hearing to that date; 7A
granting the 10% reduction in required parking, granting the bufferyard variance along
Davis Boulevard, granting the requested variance to the horizontal and vertical
articulation, granting the variance to the full installation of Trail Segment 29 along Union
Church Boulevard noting the only portion of the segment not having to be constructed
would be the actual bridge segment but the applicant has agreed to bring back other
options to possibly connect the two portions of the sidewalk, providing the applicant the
opportunity to complete the installation of Trail Segment 30-S through the floodplain
within two years of approval, granting a waiver to the 50 foot height limitation of
architectural elements noting the church spire is proposed at 64 feet, noting the
applicant's agreement to discuss parking access with the daycare center prior to second
reading, and subject to Revised Site Plan Review Summary No. 4, dated May 14, 2008;
and 9A noting the approval as presented with the limitation that the sign must be
removed or must be the only sign to service the lot to the west of the current Providence
Bank location.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
REGULAR AGENDA
Agenda Item No. 5. Public Forum. No one spoke during the pubic forum.
Agenda Item No. 6A. Resolution No. 07-056, CP07-005, Amendment to the City's
Master Comprehensive Plan as it pertains to oil and gas drilling production, oil and gas
production pad sites and natural resource extraction activities. Director Baker presented
this item in conjunction with items 6B and 6C. Council discussed the oil and gas items
REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008
Page 5 of 13
and suggested changes. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
A RESOLUTION TO AMEND THE CITY'S MASTER COMPREHENSIVE PLAN AS IT
PERTAINS TO OIL AND GAS DRILLING PRODUCTION, OIL AND GAS
PRODUCTION PAD SITES AND NATURAL RESOURCE EXTRACTION ACTIVITIES.
Mayor Wambsganss opened the public hearing for items 6A, 6B and 6C.
Cherian Abraham, 804 Saxon Trail, Southlake, Texas, spoke in opposition and offered
suggested changes.
Chip Reid, 715 Greymoor Place, Southlake, Texas, spoke in support.
Zoe Courtney, 912 Raven Court, Southlake, Texas, commented on the proposed items.
David Bruce, 1408 Wedgewood Court, Southlake, Texas, spoke in support and offered
suggested changes.
Tommy Pennington, 806 Saxon Trail, Southlake, Texas, commented on the proposed
items.
Gary Nesbitt, 2406 Emerald Circle, Southlake, Texas, spoke in support and offered
suggested changes.
Dale Crane, 1469 Sunshine Lane, Southlake, Texas, offered suggested changes.
Joe Wright, 1640 South Brumlow, Southlake, Texas, offered suggested changes.
Keith Houser, 1219 Whispering Lane, Southlake, Texas, offered suggested changes.
Mayor Wambsganss closed the public hearing.
Council continued their discussion of these items.
Motion was made to approve Resolution No. 07-056, CP07-005, Amendment to the
City's Master Comprehensive Plan as it pertains to oil and gas drilling production, oil
and gas production pad sites and natural resource extraction activities as presented
subject to the city attorney's non-substantive and grammatical punctuation and
organizational structural changes to the resolution that might occur.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Aaenda Item No. 6B. Ordinance No. 480-RRR. 2nd Readina. Amendment to the
Comprehensive Zonina Ordinance No. 480. as amended. as it pertains to oil and aas
drilling and production. Director Baker presented this item in conjunction with items 6A
and 6C and answered Council's questions. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008
Page 6 of 13
REVISING SECTION 45 "SPECIFIC USE PERMITS" REGARDING OIL & GAS
DRILLING AND OPERATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Wambsganss combined the public hearings for items 6A, 6B and 6C.
Motion was made to approve Ordinance No. 480-RRR, 2nd Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to oil and gas
drilling and production as presented subject to the city attorney's non-substantive and
grammatical punctuation and organizational structural changes to the ordinance that
might occur.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6C. Ordinance No. 880-A, 2nd Reading, Amend Section 9.5, Article IV,
of the Southlake City Code regarding oil and gas well drilling and production. Director
Baker presented this item in conjunction with items 6A and 6B. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS ("CITY"), AMENDING
ARTICLE IV "GAS AND OIL WELL DRILLING AND PRODUCTION" OF CHAPTER 9.5
OF THE SOUTHLAKE CITY CODE, REGULATING THE DRILLING AND
PRODUCTION OF GAS AND OIL WELLS WITHIN THE CITY, TO PROVIDE REVISED
REGULATIONS REGARDING DISTANCE, NOISE AND TECHNICAL PROVISIONS;
ADOPTING COMPREHENSIVE PIPELINE REGULATIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
Mayor Wambsganss combined the public hearings for items 6A, 6B and 6C.
Motion was made to approve Ordinance No. 880-A, 2nd Reading, Amend Section 9.5,
Article IV, of the Southlake City Code regarding oil and gas well drilling and production
subject to the changes suggested by the city attorney earlier and subject to the city
attorney's non-substantive and grammatical punctuation and organizational structural
changes to the ordinance that might occur; and noting the facility evacuation plan is to
be developed in conjunction with the institutional uses' (schools and hospitals only)
administration for any of the affected properties and amending the 1,000' foot distance
REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008
Page 7 of 13
requirement to be from the institutional uses' (schools and hospitals only) property line
on any property that contains a facility that is occupied.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Mayor Wambsganss called for a break at 8:47 p.m. and reconvened the meeting at 9:05
p.m.
Agenda Item No. 6D. Ordinance No. 480-558, 2nd Reading (ZA07-146), Zoning Change
and Concept Plan for Harris Methodist Southlake on property being legally described as
Lot 1. Block 1 Gorbutt Addition and located at 1545 East Southlake Boulevard. Current
Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site
Plan District. SPIN Neighborhood #8. Deputy Director Killough presented this item to
Council in conjunction with item 6E. 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 LOT
1R, BLOCK 1, GORBUTT ADDITION, BEING APPROXIMATELY 12.6339 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2"
GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND
INCLUDING THE USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT
STAY BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED
RETAIL, SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, TO "S-P-2"
DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND
INCLUDING THE USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT
STAY BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED
RETAIL, SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, AS DEPICTED
ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
No one spoke during the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008
Page 8 of 13
Motion was made to approve Ordinance No. 480-558, 2nd Reading (ZA07-146), Zoning
Change and Concept Plan for Harris Methodist Southlake subject to notation of the
expanded distance of 59 feet for the preservation area and subject to Concept Plan
Review Summary No. 4, dated April 11, 2008.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Aaenda Item No. 6E. ZA06-171. Plat Revision for Lots 1R1. 1R2. and 1 R3, Block 1
Gorbutt Addition, being a replat of property currently described as Lot J R, Block 1,
Gorbutt Addition and located at 1545 East Southlake Boulevard. Current Zonina: S-P-2
Generalized Site Plan District. SPIN Neighborhood #8. Deputy Director Killough
presented this item to Council in conjunction with item 6D.
Motion was made to approve ZA06-171, Plat Revision for Lots 1R1, 1R2, and 1R3,
Block 1, Gorbutt Addition, being a replat of property currently described as Lot 1R,
Block 1, Gorbutt Addition and located at 1545 East Southlake Boulevard subject to Plat
Review Summary No. 4, dated April 11, 2008.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Mayor Wambsganss recused himself from items 6F and 6G and left the Council
Chambers. Mayor Pro Tern Morris chaired the meeting for the next two items.
Aaenda Item No. 6F. Ordinance No. 480-550. 2nd Readina (ZA07-133). Zonina Chanae
and Development Plan for Lake Forest on property being legally described as Tract 5,
R.D. Price Survey, Abstract No. 1207 and located at 3185 Southlake Park Drive.
Current Zonina: AG Aaricultural District. Reauested Zonina: R-PUD Residential Planned
Unit Development District. SPIN Neighborhood #3. Director Baker presented this item to
Council in conjunction with item 6G. Applicant Marilyn Miles of Cedar Hill, Texas, made
a statement and answered Council's questions. Council discussed this item with the
applicant.
Mayor Pro Tern Morris opened the public hearing and read comments cards from those
who did not wish to speak but wanted to record their opposition:
Ray Chancellor, 890 Harbor Court, Southlake, Texas;
Gale Farhat, 1060 Harbor Haven, Southlake, Texas;
Diedra and Ward Flora, 880 Harbor Court, Southlake, Texas;
Betty, Jack and Rose Fredricks, 2960 Burney Lane, Southlake, Texas;
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Page 9 of 13
Jamie and Jim Galis, 885 Harbor Court, Southlake, Texas;
John and Mariana Hammer, 1105 Harbor Haven, Southlake, Texas;
Gloria and Ken Land, 2900 Burney Lane, Southlake, Texas;
John Monrad, 2905 Burney Lane, Southlake, Texas;
Marty and Mary O'Conner, 2965 Burney Lane, Southlake, Texas;
Alethea and Hans Schroen, 2895 Burney Lane, Southlake, Texas; and,
John Wilson, 2930 Burney Lane, Southlake, Texas.
Council discussed this item.
Mayor Pro Tern Morris closed the public hearing.
Motion was made to deny Ordinance No. 480-550, 2nd Reading (ZA07-133), Zoning
Change and Development Plan for Lake Forest without prejudice.
Motion:
Jones
Second:
Hill
Ayes:
Hill, Jones, Morris, Muzyka, Terrell
Nays:
None
Vote:
5-0 (to deny)
Aaenda Item No. 6G. ZA07-134. Preliminarv Plat for Lots 1 - 8. Block 1. Lake Forest
Addition on property being legally described as Tract 5, R.D. Price Survey, Abstract No.
1207 and located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural
District. Proposed Zonina: R-PUD Residential Planned Unit Development District. SPIN
Neighborhood #3. Director Baker presented this item to Council in conjunction with item
6F. Applicant Marilyn Miles made a statement and answered Council's questions in
conjunction with item 6F.
Motion was made to deny ZA07-134, Preliminary Plat for Lots 1 - 8, Block 1, Lake
Forest Addition on property being legally described as Tract 5, R.D. Price Survey,
Abstract No. 1207 and located at 3185 Southlake Park Drive without prejudice.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell
Nays: None
Vote: 5-0 (to deny)
Mayor Pro Tern Morris called for a break at 9:32 p.m. and Mayor Wambsganss rejoined
the meeting and reconvened at 9:40 p.m.
Aaenda Item No. 6K. Ordinance No. 480-556. 2nd Readina. (ZA07-137). Zonina Chanae
and Site Plan for Bosworth Offices located at 1900 East State Highway 114. Current
Zonina: B-1 Business District. Proposed Zonina: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #6. Deputy Director Killough presented this item in conjunction with item
6L. 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 20, 2008
Page 10 of 13
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 7 AND 7A, SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 1207
AND TRACT 2F2 SITUATED IN THE J. CHILDRESS SURVEY, ABSTRACT NO. 254,
AND BEING APPROXIMATELY 3 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE FAMILY RESIDENTIAL
DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT,
AS DEPICTED ON THE DEVELOPMENT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
No one spoke during the public hearing.
Council discussed this item.
Motion was made to approve Ordinance No. 480-556, 2nd Reading, (ZA07-137), Zoning
Change and Site Plan for Bosworth Offices specifically granting the requested variances
regarding driveway stacking and street frontage and subject to Site Plan Review
Summary No. 5, dated April 21, 2008.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6L. ZA08-001, Plat Revision for Lots 2R1-2R4, Brewer Industrial
Addition, being a replat of property currently described as Lot 2R, Brewer Industrial
Addition: located at 1900 East State Highway 114. Current Zoning: B-1 Business
Service Park District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #6. Deputy Director Killough presented this item in conjunction with item
6M.
Motion was made to approve ZA08-001, Plat Revision for Lots 2R1-2R4, Brewer
Industrial Addition, being a replat of property currently described as Lot 2R, Brewer
Industrial Addition; located at 1900 East State Highway 114 specifically granting the
REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008
Page 11 of 13
requested variance regarding street frontage and subject to Plat Review Summary No.
3, dated April 9, 2008.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6M. Ordinance No. 480-557, 2nd Reading, (ZA08-016), Zoning Chance
and Concept Plan for 2809 Ridgecrest Drive. Current Zoning: AG Agricultural District.
Requested Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #15.
Deputy Director Killough presented this item to Council. In accordance with Section 4.21
of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS
TRACTS 1 C1 G, H, JOEL CHIVERS SURVEY, ABSTRACT NO. 350, BEING
APPROXIMATELY 2.62 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-2"
SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
"B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-557, 2nd Reading, (ZA08-016), Zoning
Change and Concept Plan for 2809 Ridgecrest Drive incorporating the staff report as
presented.
Motion:
Jones
Second:
Morris
Ayes:
Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays:
None
Approved:
6-0
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
9:52 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008
Page 12 of 13
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Andy ~Wamb~sgan~ss~~~
Mayor
ATTEST: 9~a:~:laab;l: db~
Lori Payne, TRM
City Secretary cn
//11111/1111,
REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008
Page 13 of 13
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
I, t4la d~ member of the 677/(~~t'~of the City of Southlake,
make this affidavit and hereby on oat state the following: I, my spou , and/or a person or persons related to me
within the first degree of consanguinity or affinity, have a substantial interest in a business entity or real property as
defined in Chapter 171, Texas Local Government Code, and/or City of Southlake Ordinance No. 635 and a vote is to be
taken or a decision is to be made that will have a special economic effect on this business entity or real property.
The agenda item affecting this business entity or real property is: Cp - [O
COMPLETE (A) or (B): (A) The business entity is (name); or
(B) The real property is located at: ~
I have a substantial interest because I, my spouse, and/or a person or persons related to me within the first degree of
consanguinity or affinity have the following relationship to the business entity or real property which will likely be
affected by the vote on the above-referenced agenda item: (check all which are applicable)
Ownership of 10% or more of the voting stock or shares of the business entity.
Ownership of 10% or more or $5,000 or more of the fair market value of the business entity.
Funds received from the business entity exceed 10% of gross income for the previous year.
Hold a position of member of the board of directors or other governing board of the business entity.
Serve as an elected officer of the business entity.
An employee of the business entity.
Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00)
or more.
Property of the person has been pledged to the business entity or is subject to a lien in favor of the
business entity in the amount of five thousand dollars ($5,000.00) or more.
Have an equitable or legal ownership of real property with a fair
market value of at least $2,500.
v Other: r5_12 "r
v60
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision and
from any further participation by discussion or debate regarding the above-referenced agenda item. I also affirm that
this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in
question is being addressed or as soon as practicable once I realized a potential conflict exists.
Signed this _Z$oy of , 20 ele
r
C
Signature of Officia
The State of Texas
County of Tarrant
Bef re me, L r I P6 W-- on this day personally appeared
A lk)a44 - L5 GI a r1Ss kno n to me (or proved to me on the oath of or through
(des ption of identity card or other document) to be the person whose name is subscribed to the
foregoing instrument and, after first being by me duly sworn, stated that the statements made in this affidavit are within
his personal knowledge and are true and correct.
Given under my hand and seal of office this 2 day of
(SEAL)
o y
Z }
~jgrE ok a
Notary Public in an #r the State of Texas
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