2008-06-17
U 11 CITY OF OFFICIAL RECORD
SOUTFILAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: JUNE 17, 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, John Terrell, and Vernon Stansell.
CITY COUNCIL ABSENT: None
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 Ortowski, Community Relations Officer Pilar Schank, Manager of
Information Systems Gary Gregg, Information Systems Technician Sam Cobb, Interim
Director of Community Services Chris Tribble, Deputy Director of Community Services
Kerry McGeath, Director of Economic Development Greg Last, Director of Finance
Sharen Jackson, Director of Human Resources Kevin Hugman, Interim Chief of Fire
Services Mike Starr, Interim Chief of Police Services Robert Finn, Police Captain Rusty
Daniels, Director of Planning and Development Services Ken Baker, Deputy Director of
Planning and Development Services Dennis Killough, Planner II Richard Schell, Chief
Building Official Paul Ward, Director of Public Works Robert H. Price, Deputy Director of
Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick, City
Attorney Tim Sralla, 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 5:17 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Scott Berry, gave the invocation.
Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 3. Introduction of new Community Services Construction Manager,
Peter Kao. City Manager Yelverton made introductory comments and then Interim
Director of Community Services Tribble introduced Mr. Kao.
Agenda Item No. 4. Discuss all items on tonight's meeting agenda. City Council
reviewed the agenda items with city staff. Items 8A, 8B and 9C were added to the
consent agenda.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2008
Page 1 of 8
Mayor Wambsganss closed the work session at 5:31 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:31 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 5:31 p.m. Executive Session began at 6:02 p.m. Executive Session ended at
7:30 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:42 p.m.
Agenda Item No. 3A. Mayor's Report. Mayor Wambsganss announced upcoming
meetings and events including Item 3A1, the Stars and Stripes Event.
Agenda Item No. 3A2.Recognition of Bob Jones Nature Center Photo Contest winners.
Mayor Wambsganss introduced Emily Galpin with Bob Jones Nature Center who asked
the winners to come forward and show their photos to the Council and the audience.
Agenda Item No. 3B. City Manager's Report. A report was not given.
Agenda Item No. 3C. Parks and Recreation Board Report. Board member Julie
Landesberg reported to Council on the Board's upcoming meetings and events.
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 June 3, 2008, regular City Council
meeting. A presentation was not made on this item. The minutes were approved as
presented.
Agenda Item No. 4B. Approve a lease agreement for grazing on approximately 4.5
acres of undeveloped City park property A presentation was not made on this item.
Agenda Item No. 4C. Approve annual renewal agreement with Premier Chemicals,
L.L.C., to provide odor control treatment at lift station. A presentation was not made on
this item.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2008
Page 2 of 8
Agenda Item No. 4D. Approve a residential developer agreement with Bosworth Farms
II L.P. for East Haven Addition, a 7-lot (6 residential. 1 public park) subdivision located
on the south side of East Continental Boulevard, west of South Carroll Avenue. A
presentation was not made on this item. The approval of this item was contingent upon
approval of Item 6B which is the zoning for this property.
Agenda Item No. 4E. Ordinance No. 480-563, 1St Reading (ZA08-037), Zoning Change
and Concept Plan for Lot 28, F. Throop No. 1511 Addition on property located at 1780
North Kimball Avenue on property being legally described as Tract 1 D, Francis Throop
Survey, Abstract No. 1511. Current Zoning: AG Agricultural District. Requested Zoning:
SF-30 Single Family Residential District. SPIN Neighborhood #5. A presentation was
not made on this item. The approval of this item was subject to Concept Plan Review
Summary No. 2, dated May 30, 2008.
Agenda Item No. 4F. Consider SP08-133, Variance to Sign Ordinance No. 704-C for
Southlake Church located at 2501 West Southlake Boulevard. A presentation was not
made on this item.
Agenda Item No. 4G. Consider SP08-122, Variance to Sign Ordinance No. 704-C for
Adams Engineering, located at 910 South Kimball Avenue in the Champion Crossing
development. A presentation was not made on this item.
Agenda Item No. 4H. Ordinance No. 480-562, 1St Reading (ZA07-148), Zoning Change
and Site Plan for Onsom Medical Offices on property legally described as Tracts 4C1A
and 4C2B, Les Ex, A.H. Chivers Survey, Abstract No. 299: and located at 630 East
State Highway 114. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1
Detailed Site Plan District. SPIN Neighborhood #5. The applicant requested to table this
item to the July 1, 2008, regular City Council meeting.
Agenda Item No. 8A. Resolution No. 08-024, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a permanent utility easement and two
temporary construction easements for the purpose of construction and maintenance of
sewer lines on Lot 20, Block A, Quail Creek Estates Addition, an addition to the City of
Southlake, Tarrant County. Texas located at 905 Quail Creek Court. 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 OF SOUTHLAKE, TEXAS, AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF
OBTAINING PERMANENT UTILITY EASEMENT AND TWO TEMPORARY
CONSTRUCTION EASEMENTS FOR THE PURPOSE OF CONSTRUCTION AND
MAINTENANCE OF SEWER LINES OR FOR OTHER PUBLIC PURPOSES
PERMITTED BY LAW.
Agenda Item No. 8B. Resolution No. 08-025, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a right of way for the purpose of
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2008
Page 3 of 8
construction and maintenance of water lines, trails, and roadway appurtenances on land
located in the John Childress Heirs Survey, Abstract No. 253, Tarrant County, Texas
and being further described in a deed dated March 20, 1978, recorded in Volume 6455,
Page 788, Deed Records of Tarrant County, Texas located at 1395 Randol Mill Avenue.
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 OF SOUTHLAKE, TEXAS, AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF
OBTAINING A RIGHT OF WAY FOR THE PURPOSE OF CONSTRUCTION AND
MAINTENANCE OF WATER LINES, TRAILS AND ROADWAY APPURTENANCES OR
FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW.
Agenda Item No. 9C. Approve a concert and soccer match at Dragon Stadium
sponsored by Radio AYO KFJZ 870 AM. Director Baker presented this item to Council
during the work session. The applicants answered questions from Council and told them
about the event.
Motion was made to approve consent agenda Items 4A; 413; 4C; 4D contingent upon
approval of Item 6B which is the zoning for this property; 4E subject to Concept Plan
Review Summary No. 2, dated May 30, 2008; 4F; 4G; to table 4H to the July 1, 2008
City Council meeting; 8A; 813; and 9C.
Motion: Terrell
Second: Jones
Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0 (Hill was out of the room)
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke.
Agenda Item No. 6A. Ordinance No. 895-A, 2nd Reading. Approve an amendment to the
City of Southlake Water Conservation Ordinance per contractual obligation with the City
of Fort Worth. Director Price presented this item to Council and answered questions. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
AMENDING CHAPTER 19 "UTILITIES", ARTICLE II "WATER", DIVISION 3 "WATER
CONSERVATION" OF THE CODE OF ORDINANCES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
No one spoke during the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2008
Page 4 of 8
Motion was made to approve Ordinance No. 895-A, 2nd Reading, Approve an
amendment to the City of Southlake Water Conservation Ordinance per contractual
obligation with the City of Fort Worth.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6B. Ordinance No. 480-555, 2nd Reading (ZA07-058), Zoning Change
and Development Plan for East Haven Addition on property being legally described as
Lots 7R 8R 20R and 21R, East Haven Addition and Tracts 1A 2A 2A2 2A3 and
2B1, Hollingsworth and Barnett Survey, Abstract No. 787 and located along Haven
Circle (formerly known as East and West Perry Circle) and along the south side of the
900 block of East Continental Boulevard. Current Zoning: 11 Light Industrial District and
AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit
Development District. SPIN Neighborhood #9e. Director Baker presented this item to
Council and answered questions. Council had no questions for the applicant.
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 1A, 2A, 2A2, 2A3, 2131, HOLLINGSWORTH & BARNETT SURVEY,
ABSTRACT NO. 797 AND LOTS 7R, 8R, 20R, 21R EAST HAVEN ADDITION.BEING
APPROXIMATELY 5.54 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND 111-1"
LIGHT INDUSTRIAL 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 "RPUD" 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.
No one spoke during the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2008
Page 5 of 8
Motion was made to approve Ordinance No. 480-555, 2"d Reading (ZA07-058), Zoning
Change and Development Plan for East Haven Addition subject to the
recommendations of the Planning and Zoning Commission; subject to Council's motion
from first reading; subject to the changes recommended by staff this evening on the
landscape plan for the open space and park; and subject to Development Plan Review
Summary No. 5, dated April 30, 2008.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6C. Resolution No. 08-023 (ZA08-024), Specific Use Permit for
Fireplug Inn - Kennel, on property legally described as Lot 3R11, Green Meadow
Subdivision and located at 2251 East Continental Boulevard. Current Zoning: 1-1 Light
Industrial District. SPIN Neighborhood #7. Deputy Director Killough presented this item
simultaneously with Item 6D and answered Council's questions. Council had no
questions for the applicants.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR A KENNEL ON PROPERTY WITHIN THE
CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2251 EAST CONTINENTAL
BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 3R11 R2, GREEN MEADOW
SUBDIVISION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND
AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion to approve Resolution No. 08-023 (ZA08-024), Specific Use Permit for Fireplug
Inn - Kennel to approve the requested variance; subject to the staff presentation; and
subject to Staff Review Summary No. 3, dated May 30, 2008.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6D. ZA08-025. Plat Revision for Lots 3R11 R1 and 3R11 R2 Green
Meadow Subdivision being a revision of Lot 3R11, Green Meadow Subdivision located
at 2251 East Continental Boulevard. Current Zoning: 1-1 Light Industrial District SPIN
Neighborhood #7. Deputy Director Killough presented this item simultaneously with Item
6C and answered Council's questions. Council had no questions for the applicants.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2008
Page 6 of 8
Motion to approve ZA08-025, Plat Revision for Lots 3R11 R1 and 3R11 R2, Green
Meadow Subdivision to approve the requested variance; and subject to Plat Review
Summary No. 2, dated May 30, 2008.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9A. Consider SP06-362A, Variance to Sign Ordinance No. 704-C for
Bicentennial Retail Plaza, located at the northeast corner of Bicentennial Drive and
West Southlake Boulevard. Deputy Director Killough presented this item to Council and
answered questions. Council discussed this request.
Motion to approve SP06-362A, Variance to Sign Ordinance No. 704-C for Bicentennial
Retail Plaza as presented.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9B. Approve a commercial developer's agreement with Gateway
Church for phase I construction of East Kirkwood Boulevard, Grace Lane, Blessed Way
and associated utility and drainage improvements located north of State Highway 114
between North Kimball Avenue and North Carroll Avenue. Deputy Director Mayer
presented this item to Council and answered questions. Applicant Doug Sluiter,
Executive Director Campus Development for Gateway Church, made a presentation to
Council and answered questions.
Motion to approve a commercial developer's agreement with Gateway Church for phase
I construction of East Kirkwood Boulevard, Grace Lane, Blessed Way and associated
utility and drainage improvements located north of State Highway 114 between North
Kimball Avenue and North Carroll Avenue, to approve as presented, however, not
including the waiver of the standard administrative and construction inspection fees in
the amount of $177,105 but including the waiver of the roadway impact fees resulting
from the actual calculations (estimate of $20,000).
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
9:01 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2008
Page 7 of 8
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Andy Wambsganss
Mayor
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Lori Payne, TRM • • .
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City Secretary **-k
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2008
Page 8 of 8
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