2008-03-04
CITY OF
SOUTH LADE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: MARCH 4, 2008
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris
(arrived at 5:55 p.m.), Deputy Mayor Pro Tern Virginia M. Muzyka, and Councilmembers
Laura K. Hill, Gregory Jones (arrived at 6:15 p.m.), and Vernon Stansell.
CITY COUNCIL ABSENT: Councilmember John Terrell.
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, Director of Community Services Steve Polasek,
Deputy Director of Community Services Chris Tribble, Deputy Director of Community
Services Kerry McGeath, Director of Economic Development Greg Last, Director of
Finance Sharen Jackson, Chief of Fire Services Robert Finn, Fire Marshal David
Barnes, Chief of Police Services Wade Goolsby, Director of Planning and Development
Services Ken Baker, Planner Clayton Comstock, Director of Public Works Robert H.
Price, Deputy Director of Public Works Gordon Mayer, 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 5:14 p.m.
Agenda Item No. 2. Invocation: Scott Berry from First Baptist Church of Southlake gave
the invocation.
Agenda Item No. 3. Presentation regarding the status of the impact fee ordinance
update. Director Last introduced this item and introduced consultant, Lewis McLain, who
made a presentation on this item. Director Last finalized the presentation and answered
questions.
Agenda Item No. 4. Discuss minor revisions to the comprehensive zoning ordinance
and the sign ordinance. Director Baker presented this item to Council.
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Agenda Item No. 5. Discuss all items on tonight's meeting agenda. City Council
reviewed the agenda items with city staff. Council added items 9a and 9b to the consent
agenda.
Mayor Wambsganss closed the work session at 5:54 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:54 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
5:55 p.m. Executive Session began at 6:12 p.m. and ended at 6:31 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 6:53 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.
Mayor Wambsganss announced Item No. 3A1 would be presented later in the meeting.
Agenda Item No. 3A2. Proclamation for Meals on Wheels. Mayor Wambsganss read the
proclamation and presented it to Lee Sloan from Meals on Wheels of Tarrant County.
Agenda Item No. 3B. City Manager's Report. There was no report given.
Agenda Item No. 3C. Library Board Report. A written report was given 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 minutes from the February 19, 2008, regular City Council
meeting. A presentation was not made on this item.
Agenda Item No. 4B. This item was intentionally left blank.
Agenda Item No. 4C. Award construction contract to Jackson Construction, Ltd., in the
amount of $891,157.70 for paving, drainage, and utility improvements to Shumaker
Lane and Sunshine Lane and provide for construction phase contingencies. A
presentation was not made on this item.
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Agenda Item No. 4D. Authorize an agreement with Marcel Bosworth for relocation of the
Continental Storage Building. A presentation was not made on this item.
Agenda Item No. 4E. Approve the designation of Town Square as the priority location
for the placement of public art for fiscal year 2008. A presentation was not made on this
item.
Agenda Item No. 4F. Consider an order setting a public hearing for April 15, 2008 to
discuss and review proposed updates to Land Use Assumptions, Capital Improvement
Plans and Impact Fees for water, wastewater and roadway improvements. A
presentation was not made on this item.
Agenda Item No. 4G. This item was intentionally left blank.
Agenda Item No. 4H. Authorize a professional services agreement with Weaver and
Tidwell, L.L.P., for audit services. A presentation was not made on this item.
Agenda Item No. 41. ZA07-112, Site Plan for Lot 25R2, Block 1, Woodland Heights
Addition on property located at 175 Westwood Drive. Current Zoning: 0-1 Office
District. SPIN Neighborhood #8. The applicant requested to table this item to the April
1, 2008, City Council meeting.
Agenda Item No. 4J. Ordinance No. 480-536, 2nd Reading (ZA07-139), Zoning Change
and Site Plan for Lots 1 R1 1 R2 2R1 2R2 and 2R3 Block 3 Cornerstone Business
Park Addition on property legally described as Lots 1 and 2R, Block 3, Cornerstone
Business Park Addition and located at 500 Silicon Drive and 510 Silicon Drive. Current
Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood V. The applicant requested to table this item to the April 1, 2008, City
Council meeting.
Agenda Item No. 4K. ZA07-111, Plat Revision for Lots 1 R1, 1 R2, 2R1, 2R2, and 2R3,
Block 3, Cornerstone Business Park being a replat of property currently described as
Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and being located at 500
Silicon Drive and 510 Silicon Drive. Current Zoning:. 0-1 Office District. Proposed
Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. The applicant
requested to table this item to the April 1, 2008, City Council meeting.
Agenda Item No. 4L. Ordinance No. 480-550, 2nd Reading (ZA07-133), Zoning Change
and Development Plan for Lake Forest on property being legally described as Tract 5,
R.D. Price Survey, Abstract No. 1207, located at 3185 Southlake Park Drive. Current
Zoning: AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit
Development District. SPIN Neighborhood #3. The applicant requested to table this item
to the April 1, 2008, City Council meeting.
Agenda Item No. W. 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.
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1207 and located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural
District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN
Neighborhood #3. The applicant requested to table this item to the April 1, 2008, City
Council meeting.
Agenda Item No. 4N. ZA07-123, Revised Site Plan for Chick-fil-A on property being
legally described as Lot 4 Block 1, Perry/Allen Addition and located at 2301 East
Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN
Neighborhood #7. The applicant requested to table this item to the April 1, 2008, City
Council meeting.
Agenda Item No. 7B. Ordinance No. 480-552, 1St Reading (ZA07-162), Zoning Change
and Concept Plan for Lots 9-12, J. Childress No. 254 Addition on property being legally
described as Tract 3D2 John Heirs Childress Survey, Abstract No. 254 and located at
3010 Lake Drive. Current Zoning: AG Agricultural District. Requested Zoning: SF20B
Single Family Residential District. SPIN Neighborhood #3. The applicant requested to
table this item to the March 18, 2008, City Council meeting.
Agenda Item No. 9A. Consider SP07-073A, Variance to Sign Ordinance No. 704-C for a
development sign for Southlake Town Square located at the northeast corner of North
Carroll Avenue and East Southlake Boulevard. A presentation was not made on this
item.
Agenda Item No. 9B. Approve a revised Commercial Developer Agreement with
Carroll/1709 Ltd. for Shops of Southlake, a 29.3 acre development at the southeast
corner of East Southlake Boulevard and Carroll Avenue. A presentation was not made
on this item.
Motion was made to approve consent agenda items 4A; 413; 4C; 4D; 4E; 4F; to table
item 41 at the applicant's request to the April 1, 2008, City Council meeting; to table item
4J at the applicant's request to the April 1, 2008, City Council meeting; to table item 4K
at the applicant's request to the April 1, 2008, City Council meeting; to table item 4L at
the applicant's request to the April 1, 2008, City Council meeting; to table item 4M at the
applicant's request to the April 1, 2008, City Council meeting; to table item 4N at the
applicant's request to the April 1, 2008, City Council meeting; to table item 7B at the
applicant's request to the March 18, 2008, City Council meeting; 9A; and 9B.
Motion: Muzyka
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
REGULAR AGENDA
Agenda Item No. 5. Public Forum. No one spoke during public forum.
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Agenda Item No. 6A. Ordinance No. 928, 2nd Reading, Adopt an ordinance to add
Article VII "Curfew Hours for Minors" to Chapter 15, "Public Safety" of the Southlake
Code of Ordinances. Mayor Wambsganss introduced this item. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE ADDING A NEW ARTICLE VII, "CURFEW HOURS FOR MINORS,"
TO CHAPTER 15, "PUBLIC SAFETY," OF THE SOUTHLAKE CODE OF
ORDINANCES, AS AMENDED; MAKING IT AN OFFENSE FOR MINORS, PARENTS
AND GUARDIANS OF MINORS, AND BUSINESS ESTABLISHMENTS TO VIOLATE
CURFEW REGULATIONS; DEFINING TERMS; PROVIDING DEFENSES; PROVIDING
FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR WAIVER
BY THE MUNICIPAL COURT OF JURISDICTION OVER A MINOR WHEN REQUIRED
UNDER THE TEXAS FAMILY CODE; 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.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 928, 2nd Reading, Adopt an ordinance to
add Article VII "Curfew Hours for Minors" to Chapter 15, "Public Safety" of the Southlake
Code of Ordinances.
Motion: Muzyka
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6B. Ordinance No. 929, 2nd Reading, Adopt an ordinance to amend
Chapter 58, of the Southlake Code of Ordinances, making it unlawful for certain sex
offenders to reside within 2,000 feet of premises where children gather. Mayor
Wambsganss introduced this item. 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, AMENDING CHAPTER 58
OF THE SOUTHLAKE CITY CODE MAKING IT UNLAWFUL FOR CERTAIN SEX
OFFENDERS TO RESIDE WITHIN 2,000 FEET OF PREMISES WHERE CHILDREN
GATHER; MAKING IT UNLAWFUL TO LEASE, RENT, OR PROVIDE LIVING SPACE
TO CERTAIN SEX OFFENDERS WHEN SUCH WOULD RESULT IN VIOLATION OF
THIS ORDINANCE; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT
REQUIRED FOR COMMITTING AN OFFENSE UNDER THESE PROVISIONS;
PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
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No one spoke during the public hearing.
City Attorney Sralla stated that Section 124, Subsections D and F, are substantively
identical and recommended Council delete Subsection "F."
Motion was made to approve Ordinance No. 929, 2nd Reading, Adopt an ordinance to
amend Chapter 58, of the Southlake Code of Ordinances, making it unlawful for certain
sex offenders to reside within 2,000 feet of premises where children gather, deleting
Subsection "F" of Section 124.
Motion: Hill
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6C. Ordinance No. 930, 2nd Reading, Adopt the 2006 International
Building Code. Mayor Wambsganss read this item into the record. Staff did not make a
presentation. In accordance with Section 4.21 of the City Charter, the caption for this
item is listed as follows:
AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL
BUILDING CODE, REGULATING THE ERECTION, CONSTRUCTION,
ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION,
CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND
MAINTENANCE OF ALL BUILDINGS OR STRUCTURES, EXCEPT ONE- AND TWO-
FAMILY DWELLINGS AND MULTIPLE SINGLE-FAMILY DWELLINGS
(TOWNHOUSES), IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOPTION
OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH
CODE AS A PUBLIC RECORD; 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.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 930, 2nd Reading, Adopt the 2006
International Building Code.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
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Agenda Item No. 6D. Ordinance No. 931, 2nd Reading, Adopt the 2006 International Fire
Code. Mayor Wambsganss read this item into the record. Staff did not make a
presentation. 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, AMENDING CHAPTER 15,
ARTICLE III, "FIRE CODE" OF THE CODE OF ORDINANCES OF THE CITY OF
SOUTHLAKE, TEXAS BY ADOPTING THE 2006 EDITION OF THE INTERNATIONAL
FIRE CODE; REPEALING ORDINANCE NUMBER 817 AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PRESCRIBING REGULATIONS
GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE
AND EXPLOSION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS
THERETO; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 931, 2nd Reading, Adopt the 2006
International Fire Code.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6E. Ordinance No. 932, 2nd Reading, Adopt the 2006 International
Energy Conservation Code. Mayor Wambsganss read this item into the record. Staff did
not make a presentation. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL
ENERGY CONSERVATION CODE, REGULATING THE DESIGN OF BUILDING
ENVELOPES FOR ADEQUATE THERMAL RESISTANCE AND LOW AIR LEAKAGE
AND THE DESIGN AND SELECTION OF MECHANICAL, ELECTRICAL, SERVICE
WATER-HEATING AND ILLUMINATION SYSTEMS AND EQUIPMENT IN THE CITY
OF SOUTHLAKE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS
THERETO; PROVIDING FOR-RECORDING OF SUCH CODE AS A PUBLIC
RECORD; 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.
No one spoke during the public hearing.
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Motion was made to approve Ordinance No. 932, 2nd Reading, Adopt the 2006
International Energy Conservation Code.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6F. Ordinance No. 933, 2nd Reading, Adopt the 2006 ICC Electrical
Code, Administrative Provisions. Mayor Wambsganss read this item into the record.
Staff did not make a presentation. In accordance with Section 4.21 of the City Charter,
the caption for this item is listed as follows:
AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL CODE
COUNCIL ELECTRICAL CODE; PROVIDING FOR THE ADOPTION OF LOCAL
AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A
PUBLIC _RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
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. 933, 2nd Reading, Adopt the 2006 ICC
Electrical Code, Administrative Provisions.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6G. Ordinance No. 934, 2nd Reading, Adopt the 2006 International
Plumbing Code. Mayor Wambsganss read this item into the record. Staff did not make
a presentation. In accordance with Section 4.21 of the City Charter, the caption for this
item is listed as follows:
AN ORDINANCE ADOPTING THE INTERNATIONAL PLUMBING CODE, 2006
EDITION, PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO;
PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC-RECORD;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
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No one spoke during the public hearing.
Motion was made to approve Ordinance No. 934, 2nd Reading, Adopt the 2006
International Plumbing Code.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6H. Ordinance No. 935, 2"d Reading, Adopt the 2006 International
Fuel Gas Code. Mayor Wambsganss read this item into the record. Staff did not make
a presentation. In accordance with Section 4.21 of the City Charter, the caption for this
item is listed as follows:
AN ORDINANCE ADOPTING THE INTERNATIONAL FUEL GAS CODE, 2006
EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO;
PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; 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. 935, 2nd Reading, Adopt the 2006
International Fuel Gas Code.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 61. Ordinance No. 936, 2nd Reading, Adopt the 2006 International
Mechanical Code. Mayor Wambsganss read this item into the record. Staff did not make
a presentation. In accordance with Section 4.21 of the City Charter, the caption for this
item is listed as follows:
AN ORDINANCE ADOPTING THE INTERNATIONAL MECHANICAL CODE, 2006
EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO;
PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC - RECORD;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
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PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 936, 2nd Reading, Adopt the 2006
International Mechanical Code.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6J. Ordinance No. 937, 2nd Reading, Adopt the 2006 International
Residential Code. Mayor Wambsganss read this item into the record. Staff did not make
a presentation. In accordance with Section 4.21 of the City Charter, the caption for this
item is listed as follows:
AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL
RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, REGULATING
THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR,
MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT,
USE, HEIGHT, AREA AND MAINTENANCE OF ALL ONE- AND TWO-FAMILY
DWELLINGS AND MULTIPLE SINGLE-FAMILY DWELLINGS (TOWNHOUSES) IN
THE CITY OF SOUTHLAKE AND PROVIDING FOR THE ADOPTION OF LOCAL
AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A
PUBLIC RECORD 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.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 937, 2nd Reading, Adopt the 2006
International Residential Code.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6K. Ordinance No. 480-544, 2nd Reading (ZA07-087) Zoning Change
and Site Plan for Mendez Medical Offices on property legally described as Tract 3D3A,
W.W. Hall Survey, Abstract No. 695 and located at 918 East Southlake Boulevard.
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Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan
District. SPIN Neighborhood #10. Director Baker presented this item to Council,
simultaneously with item 6L. Applicant Dr. Angelo Mendez 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;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS
TRACT 3D3A, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 695, BEING
APPROXIMATELY 2.28 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-1"
DETAILED SITE PLAN DISTRICT WITH "04" OFFICE DISTRICT USES, AS
DEPICTED ON THE APPROVED SITE 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.
Mayor Wambsganss opened the public hearing.
Juergen Strunk, 200 North Carroll Avenue, Southlake, Texas, spoke in opposition.
Marilyn Sell, 808 Cross Lane, Southlake, Texas, spoke in opposition.
Dave McCowan, 704 Malton Lane, Southlake, Texas, did not speak but recorded his
support.
Catherine G. Vollmer, 700 Malton Lane, Southlake, Texas, asked questions about
access around this development.
Ann Davis, 308 Foxborough, Southlake, Texas, spoke in opposition.
Susan Revell, 406 Wickham Lane, Southlake, Texas, did not speak but recorded her
opposition.
Paul Venesky, 403 Wickham Lane, Southlake, Texas introduced himself as the new
President of Foxborough HOA.
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Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480-544, 2nd Reading (ZA07-087) Zoning
Change and Site Plan for Mendez Medical Offices allowing for and granting the
driveway spacing variance with the understanding that if the property ownership
changes on either side of the variance, it would then require a bufferyard on the eastern
side of this property; specifying that when the property to the east is developed and a
building is placed on that property, the applicant will remove the 15 parking spaces that
back into the drive lane on the eastern side of the lot; subject to Council's motion on first
reading; subject to the recommendations of the Planning and Zoning Commission; and
subject to Site Plan Review Summary No. 7, dated February 27, 2008.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6L. ZA07-088, Preliminary Plat for Mendez L.T.D. on property legally
described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located at 918 East
Southlake Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: S -P-1
Detailed Site Plan District and AG Agricultural District. SPIN Neighborhood #10.
Director Baker presented this item simultaneously with item 6K. Applicant Dr. Angelo
Mendez answered Council's questions.
Motion was made to approve ZA07-088, Preliminary Plat for Mendez L.T.D. on property
legally described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located at
918 East Southlake Boulevard subject to Revised Plat Review Summary No. 5, dated
February 27, 2008.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 3A1. Special presentation to Representative Tan Parker. Mayor
Wambsganss made a presentation and thanked Representative Parker for his service
to the community.
Agenda Item No. 6M. ZA07-157, Site Plan for Southlake Wellness Center on property
being legally described as Lot 18, O.W. Knight No. 899 Addition and located at 415 East
Southlake Boulevard. Current Zoninq: S-P-2 Generalized Site Plan District. SPIN
Neighborhood # 9W. Planner Comstock presented this item to Council, simultaneously
with item 6N. Applicant Skip Blake of Blake Architects, 1202 South White Chapel
Boulevard, Southlake, Texas made a presentation and answered Council's questions.
Council discussed items 6M and 6N. After discussion, Mr. Blake asked to table items
6M and 6N to the March 18, 2008 City Council meeting.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008
Page 12 of 15
Motion was made to table ZA07-157, Site Plan for Southlake Wellness Center on
property being legally described as Lot 18, O.W. Knight No. 899 Addition and located at
415 East Southlake Boulevard to the March 18, 2008 City Council meeting.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6N. Resolution No. 08-012, (ZA08-010) Specific Use Permit for
carports for non-residential property on property being legally described as Lot 18, O.W.
Knight No. 899 Addition and located at 415 East Southlake Boulevard. Current Zoning:
S-P-2 Generalized Site Plan District. SPIN Neighborhood #9W. Planner Comstock
presented this item to Council, simultaneously with item 6N. Applicant Skip Blake of
Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas made a
presentation and answered Council's questions. Council discussed items 6M and 6N.
After discussion, Mr. Blake asked to table items 6M and 6N to the March 18, 2008 City
Council meeting.
Motion was made to table Resolution No. 08-012, (ZA08-010) Specific Use Permit for
carports for non-residential property on property being legally described as Lot 18, O.W.
Knight No. 899 Addition and located at 415 East Southlake Boulevard to the March 18,
2008 City Council meeting.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Mayor Wambsganss called for a break at 8:16 p.m. and reconvened the meeting at 8:29
p.m.
Councilmember Jones submitted a conflict of interest form for Item 7A and left the
Council Chambers.
Agenda Item No. 7A. Ordinance No. 480-542, 1St Reading (ZA07-129), Zoning Change
and Site Plan for Southlake Villa Offices on property legally described as Tract 3, W.W.
Hall Survey, Abstract No. 687, located at 310 East Southlake Boulevard. Current
Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District.
SPIN Neighborhood #10. Director Baker presented this item to Council. Applicant Skip
Blake of Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas made
a presentation and answered Council's questions.
Mayor Wambsganss allowed the public to speak.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008
Page 13 of 15
Patti Weber, 823 Pearl Drive, Southlake, Texas spoke in opposition.
John Cusack, 917 Emerald Boulevard, Southlake, Texas spoke in opposition.
Lisa Quinn, 1036 Diamond Boulevard, Southlake, Texas recorded her opposition but did
not speak.
Todd Weber, 823 Pearl Drive, Southlake, Texas spoke in opposition.
Tamara Houser asked questions regarding proposed landscaping.
Mr. Blake addressed residents' concerns and answered Council's questions.
Motion was made to approve Ordinance No. 480-542, 1St Reading (ZA07-129), Zoning
Change and Site Plan for Southlake Villa Offices subject to the following: stating that the
applicant will fill in all existing fences on the east and west sides with capped cedar with
the owners' approval and will maintain the fence; requiring the applicant will install an 8'
tall panel fence on the north side; the applicant will install the detention pond identified
on the site plan in connection with the construction of building 1; approving 12 covered
parking spaces for the entire site; future buildings must be of similar material and design
as shown for building 1; subject to the colored landscape plans as submitted this
evening; buildings 2 through 4 may not exceed one story; requiring applicant to build
the entire drive structure as shown on the site plans in connection with the construction
of building 1 noting this will not include the parking contemplated for the other buildings;
requiring applicant to work with the neighbors on the fence considerations discussed
tonight prior to second reading; requiring all perimeter landscaping to be installed in
connection with the construction of building 1 and further granting the driveway stacking
variance outlined in the proposal, and subject to Site Plan Review Summary No. 5,
dated February 27, 2008.
Motion: Stansell
Second: Morris
Ayes: Hill, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 5-0
Councilmember Jones returned to the meeting.
Agenda Item No. 7C. Ordinance No. 480-553, 1St Reading (ZA08-002), Zoning Change
and Site Plan for Nolen Center on property being Iy described as a portion of Tract
2A2A, Thomas Easter Survey, Abstract No. 474 and located at 2627 East Southlake
Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed
Site Plan District. SPIN Neighborhood #7. Planner Comstock presented this item to
Council. Applicant Dusty Renfro, 301 Commerce, Suite 1750, Fort Worth, Texas
presented this item and answered Council's questions. Council discussed this request.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008
Page 14 of 15
Motion was made to approve Ordinance No. 480-553, 1St Reading (ZA08-002), Zoning
Change and Site Plan for Nolen Center, specifically granting the driveway stacking
variance; requiring the applicant to add additional plantings in the front; accepting the
applicant's agreement to do additional work on building facades; and subject to Site
Plan Review Summary No. 2, dated February 15, 2008.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7D. Ordinance No. 480-554, 1St Reading (ZA08-011), Zoning Change
and Site Plan for Lot 4, Block A, Commerce Business Park, located at 375 Commerce
Street. Current Zoning: 11 Light Industrial District. Requested Zoning: S-P-1 Detailed
Site Plan District. SPIN Neighborhood #7. Planner Comstock presented this item.
Applicant Edwin Mannhart, 905 Emerald Boulevard, Southlake, Texas presented this
item and answered Council's questions. Council discussed this request.
Motion was made to approve Ordinance No. 480-554, 1St Reading (ZA08-011), Zoning
Change and Site Plan for Lot 4, Block A, Commerce Business Park subject to
applicant's agreement to construct a sidewalk to meet city standards; limiting indoor
entertainment uses or commercial amusement uses to 16,000 s.f. of the subject
building; requiring photos of the dumpster enclosure prior to second reading, and
subject to Site Plan Review Summary No. 2, dated February 27, 2008.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
10:11 P.M.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Andy Wa bsganss
Mayor
ATTEST:
f ✓ ~s ~~s
Lori Payne z~
City Secretary ; Cl)
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008
Page 15 of 15
lp Southlake City Council meeting
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}
- City Council meeting - Mayor, Muzyka, Hill, Morris, Jones, Stansell (John Terrell
absent)
3/4/2008 Southlake Council Chambers
City Council meeting - Mayor, Muzyka, Hill, Morris, Jones, StanselSouth lake Council Chambers
Time Speaker Note
5:14.29 PM "Mayor : called the work session to order
5.14:39 PM Scott Berry gave the invocation
5:16.47 PM
; Mayor led the pledge of allegiance
.
5.16.56 PM Greg Last presented information regarding the status of the impact fee
ordinance update and introduced consultant, Lewis McLain
5:17:55 PM Lewis McLain presented information on the project status
5.27.19 PM Greg Last discussed Southlake impact fee history
5:35:41 PM 'Greg Last finalized presentation and took questions and discussion
5:37:55 PM Stansell suggested reviewing and comparing fees with other compatible
cities with similar sized and population
5.39:38 PM Muzyka agreed with Stansell and would also like to be presented
:information on the "whys" behind the fees
5:40:34 PM :Stansell suggested taking the last 10 to 12 cases and how they were
affected specifically relating to impact fees
5:43:06 PM :Ken Baker presented information on minor revisions to the comprehensive
zoning ordinance and the sign ordinance - windmills, colored
coded landscape plans, recommended plant materials for
bufferyards, signs restricting parking areas at businesses,
lighting on buildings,
5.47.09 PM Mayor suggested adding the "Starbucks" issue as discussed at the
last Council meeting (when a tenant requested a separate CO
and then is issued a staff approved sign on the outside of the
building)
5.48.02 PM :Stansell windmill design standards, comprehensive sustainibility, LEED
certified building standards
5:50:00 PM :Mayor reviewed consent agenda items - 4a, 4c, 4d, 4e, 4f, 4h, and
tabling items 4i, 4j, 4k, 41, 4m, and 4n, to table item 7B to 3-18-
08, 9a, 9b
5:53.51 PM Mayor and Council agreed to one more year on item 9a and added it to consent
5.54.26 PM :Mayor and Council agreed to place item 9b on consent
5:54.43 PM Mayor closed work session, opened regular session, and called for an
executive session
6.53:33 PM :Mayor reconvened regular meeting
6:53.45 PM Mayor reported on upcoming events and meetings
.
6.55:12 PM :Carolyn Morris invited everyone to the Fort Worth Symphony Orchestra event
on March 6 at the Senior High School
.
6.56.18 PM Mayor read through the verbiage for presentation of a proclamation
and presented it to Lee Sloan of Meals on Wheels
-
3/4/2008 2 of 6
City Council meeting - Mayor, Muzyka, Hill, Morris, Jones, StanselSouth lake Council Chambers
Time Speaker Note
7:00:13 PM :Mayor read the consent agenda items into the record - 4a, 4c, 4d, 4e,
4f, 4h, to table items 4i, 4j, 4k, 41, 4m, and 4n to April 1 Council
meeting, and adding items 7b to table March 18, and approving
items 9a for one additional year and 9b
7.03:48 PM :Muzyka motion to approve consent agenda items
7.03:50 PM :Hill second - approved 6-0
7.04.33 PM :public forum no one spoke
7:04:41 PM :Mayor :introduced item 6a; no staff presentation made
7:05:14 PM 'public hearing no one spoke
7:05:20 PM Muzyka motion to approve item 6a
.
7:05.37 PM :Hill second - approved 6a 6-0
7.06:10 PM Mayor introduced item 6b; no staff presentation made
7.06. d7 PM City Attorney Tim Subsection F should be deleted, it is redundant
:Sralla
7.06.55 PM public hearing :no one spoke
7.07:41 PM ' Hill motion to approve item 6b deleting subsection "F" of Section
124
7.07:59 PM Jones second - approved 6b 6-0
7.0920 PM Mayor read items 6c thru 6j into the record and will open all public
hearings simultaneously, no staff presentation made
7.10.36 PM public hearings for no one spoke on any of the public hearings
items 6c thru 6j
:opened
7:10.58 PM :Jones motion to approve item 6c
7:11.06 PM 'Muzyka second - approved 6-0
7.11:18 PM Jones motion to approve item 6d
7:11:28 PM Morris second - approved 6-0
711.36 PM Jones motion to approve item 6e
7.11.43 PM Hill second - approved 6-0
.
7.11.51 PM Jones motion to approve item 6f
7:11.58 PM 'Hill second - approved 6-0
7.12:05 PM Jones motion to approve item 6g
7:12.12 PM Hill second 6-0
7.12:17 PM Jones motion to approve item 6h
7.12:22 PM Hill second - approved 6-0
7.12:34 PM Jones mottion to approve item 6i
7.12.44 PM QHiII second
.a.
7:12.47 PM Jones motion to approve item 6j
7.1254 PM Hill second - approved 6-0
7.13:10 PM 'Ken Baker presented item 6k and 61 to Council
- -
3/4/2008 3 of 6
City Council meeting - Mayor, Muzyka, Hill, Morris, Jones, StanselSouthlake Council Chambers
Time Speaker Note
7:21:28 PM :Applicant Dr. Angelo'answered Council's questions - parking on driveway
Mendez
7.29.42 PM public hearing
:opened
7:29:47 PM Juergen Strunk, 200 addressed Council regarding this item
North Carroll
Avenue
.
7:35.13 PM :Marilyn Sell, 808 addressed Council regarding this item
:Cross Lane
7:37.29 PM Dave McCowen did not speak but recorded support
7:39:09 PM :Catherine Vollane, asked about the decision between a cul-de-sac or a through
ion Foxborough HOA.street
:board
7:41.37 PM :Ann Davis, 308 spoke in opposition
Foxborough
7.45.59 PM Susan Revell did not speak - opposed
7.46:14 PM Paul Venesky, 403 new President of the Foxborough HOA
:Wickham Lane
7.47.09 PM Juergen Strunk discussed labeling of proposed plan from Revised Site Plan to
Concept Plan
7:49:26 PM Mayor asked for the record to reflect it would have no baring
7:49:42 PM 'Jones motion to approve item 6k and allowing for the spacing
variance with the understanding that if the ownership changes,
it would then require a bufferyard on the eastern side;
specifying that when the property to the east is developed and
a building is placed on that property, then the applicant will
remove the 15 spaces, subject to Council's approval on first
reading, and subject to P&Zs recommendation
7.50:56 PM Muzyka second - approved 6-0
.
7.51.09 PM Jones motion to approve item 61 subject to revised plan review dated
2-27-08
o...
7:51:28 PM "Muzyka second - approved 6-0
. .
7:51:38 PM :Mayor presented a thank you to Representative Tan Parker for his
service to the community
7:54.38 PM Representative thanked the Council and the community for the opportunity to
Parker serve them
7:56.49 PM Clayton Comstock presented items 6m and 6n to Council
3/4/2008 4 of 6
City Council meeting - Mayor, Muzyka, Hill, Morris, Jones, StanselSouthlake Council Chambers
Time Speaker Note
8.02:32 PM :Applicant Skip Blake presented this item and answered questions; asked about color
represented the rendering of back of building, possible garage doors and
owners parking area in back, berming/plantings on FM1709 after
discussion he asked to table items 6m and 6n to March 18
8:15:04 PM 'Jones motion to table item 6m.to March 18 Council and continue
public hearing
8.15.24 PM :Morris second - approved 6-0
8.15.46 PM :Jones motion to table item 6n to March 18 Council meeting
8.15.58 PM :Hill second - approved 6-0
8:16:05 PM :Mayor called for a break
8:29:21 PM :Mayor reconvened the regular meeting after the break; Greg Jones
said he submitted a conflict of interest form to the City
Secretary and left the room for the consideration of item 7a
.
.
. PM 'V
. answered .
. questions
8.29..28.PM Ken Baker presented item 7a to Council . and .
8.36.05 PM :Applicant Skip Blake presented this item to Council and answered questions
of Blake Architects
8.55.50 PM 'Mayor allowed the
'residents to speak
8.55:56 PM 'Patti Weber addressed the new proposed plan
9:0110 PM ;John Cusack addressed the-new'
he new proposed plan and spoke in opposition
9.07:31 PM Lisa Quinn recorded opposition but did not speak
9.07:34 PM :Todd Weber discussed proposed plan
.
9.14.29 PM Skip Blake addressed questions brought up by the residents and others
asked by Council - similar archtecture and similar materials,
:there will only be 12 covered parking spaces on entire site, will
;speak to residents about fencing (will discuss the maintenance
of the fence), sign will be similar design materals as building
one, work with neighbors on fencing issues between now and
second reading, all perimeter landscaping done at phase one
9.21.05 PM Todd Weber will the pad sites remain consistent
9.22.04 PM Tamara Houser question regarding landscaping - is concerned about the
planting of live oaks along the perimeter since they are so slow
growing
3/4/2008 5 of 6
City Council meeting - Mayor, Muzyka, Hill, Morris, Jones, StanselSouthlake Council Chambers
Time Speaker Note
9.24:47 PM 'Stansell 'motion to approve item 7a subject to the following: appllicant
will fill in all existing fences with capped cedar and will maintain
:all; north side will be 8' fence; site plan in connection with
construction of building one; future buildings must be of similar
type and design as building one; buildings 2-4 may not exceed
one story; entire drive must be installed with bulding one; will
work with neighbors on fencing and landscaping; all perimeter
landscaping will be done along with building one; subject to
review
9:26:42 PM Morris second - approved 5-0
9:27:14 PM ;Clayton Comstock presented item 7c to Council
4.
9.33:14 PM :Applicant Dusty presented this item and answered questions (Kevin Patel and
Renfro Leslie Morgan were also present) - deliveries to this site, colors
of buildings, landscape types for shrubs, height of berm in
relation to existing large trees
9.48.13 PM Jones motion to approve item 7c granting driveway variance, subject
to applicant's agreement to add plantings in front, additional
work on facades, subject to review
9.48.50 PM Morris :second - approved 6-0
9:49:29 PM Clayton Comstock ; presented item 7d to Council
4.
9.56.04 PM :Applicant Edwin addressed Council's questions - sidewalks, type of
,Mannhart entertainment business, parking spaces, dumpster enclosure,
limited amusement use limited to 16,000 sf
4.
10:09.49 PM'Jones motion to approve item 7d subject to app agreement to
construct sidewalk to meet city standards, commercial
amusement will be limited to 16,000 sf, photos of dumpser
'enclosure, subject to review
10.10:50 PM~Muzyka second - approved 6-0
10. PM Mayor adjourned meeting
3/4/2008 6 of 6
r
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
OUNTY OFT ARRANT §
I, as a member of the j~~C,~ C~~L of the City of Southlake,
make this affidavit and hereby on oath state the following: I, my spouse, 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:
COMPLETE (A) or (B): (A) The business entity is (name); or
(B) The real property is located at: 31a E, Rik o
I have a substantial interest because 1, 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.
bl 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.
Other:
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 day of , 20
_t.
Signature ficial
'lie State of Texas §
County of Tarrant §
Before me, L'Ort. i"a P on this day personally appeared
Jo ne! 1 own to me (or proved to me on the oath of or through
(description 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 day of Mar'ck , a ~~8
(SEAL)
°~'l; Notary Public in an for the State of Texas
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U CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: MARCH 4, 2008
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:00 P.M.
1. Call to order.
2. Invocation: Linda Pallone, Chaplain of the Month
3. Presentation regarding the status of the impact fee ordinance update.
4. Discuss minor revisions to the comprehensive zoning ordinance and the sign
ordinance.
5. Discuss all items on tonight's meeting agenda. No action will be taken and each
item will be considered during the Regular Session.
REGULAR SESSION: 6:00 P.M. or immediately following the work session
1. Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074,
551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be
held, under these exceptions, at the end of the Regular Session or at
any time during the meeting that a need arises for the City Council to
seek advice from the City Attorney as to the posted subiect matter of
this City Council meeting.
1. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Special presentation to Representative Tan Parker
2. Proclamation for Meals on Wheels
B. City Manager's Report
C. Library Board Report
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City Council meeting agenda
March 4, 2008
Page 2 of 8
CONSENT AGENDA: All items listed below are considered to be routine by the City
Council and will be enacted with one motion. There will be no separate discussion of
items unless a Councilmember or citizen so requests, in which event the item will be
removed from the general order of business and considered in its normal sequence.
4. Consent:
A. Approve minutes from the February 19, 2008, regular City Council
meeting.
B. This item was intentionally left blank.
C. Award construction contract to Jackson Construction, Ltd., in the amount
of $891,157.70 for paving, drainage, and utility improvements to
Shumaker Lane and Sunshine Lane and provide for construction phase
contingencies.
D. Authorize an agreement with Marcel Bosworth for relocation of the
Continental Storage Building.
E. Approve the designation of Town Square as the priority location for the
placement of public art for fiscal year 2008.
F. Consider an order setting a public hearing for April 15, 2008 to discuss
and review proposed updates to Land Use Assumptions, Capital
Improvement Plans and Impact Fees for water, wastewater and roadway
improvements.
G. This item was intentionally left blank.
H. Authorize a professional services agreement with Weaver and Tidwell,
L.L.P., for audit services.
I. ZA07-112, Site Plan for Lot 25R2, Block 1, Woodland Heights Addition on
property located at 175 Westwood Drive. Current Zoning: 0-1 Office
District. SPIN Neighborhood #8. THE APPLICANT HAS REQUESTED
TO TABLE THIS ITEM TO THE APRIL 1, 2008, CITY COUNCIL
MEETING.
J. Ordinance No. 480-536, 2nd Reading (ZA07-139), Zoning Change and Site
Plan for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone
Business Park Addition on property legally described as Lots 1 and 2R,
Block 3, Cornerstone Business Park Addition and located at 500 Silicon
Drive and 510 Silicon Drive. Current Zoning: 0-1 Office District.
Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood
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City Council meeting agenda
March 4, 2008
Page 3 of 8
#7. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO
THE APRIL 1, 2008, CITY COUNCIL MEETING.
K. ZA07-111, Plat Revision for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3,
Cornerstone Business Park being a replat of property currently described
as Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and being
located at 500 Silicon Drive and 510 Silicon Drive. Current Zoning: 0-1
Office District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #7. THE APPLICANT HAS REQUESTED TO TABLE THIS
ITEM TO THE APRIL 1, 2008, CITY COUNCIL MEETING.
L. Ordinance No. 480-550, 2nd Reading (ZA07-133), Zoning Change and
Development Plan for Lake Forest on property being legally described as
Tract 5, R.D. Price Survey, Abstract No. 1207, located at 3185 Southlake
Park Drive. Current Zoning: AG Agricultural District. Requested Zoning: R-
PUD Residential Planned Unit Development District. SPIN Neighborhood
#3. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO
THE APRIL 1, 2008, CITY COUNCIL MEETING.
M. 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. Current Zoning: AG
Agricultural District. Proposed Zoning: R-PUD Residential Planned Unit
Development District. SPIN Neighborhood #3. THE APPLICANT HAS
REQUESTED TO TABLE THIS ITEM TO THE APRIL 1, 2008, CITY
COUNCIL MEETING.
N. ZA07-123, Revised Site Plan for Chick-fil-A on property being legally
described as Lot 4, Block 1, Perry/Allen Addition and located at 2301 East
Southlake Boulevard. Current Zoning: C3 General Commercial District.
SPIN Neighborhood #7. THE APPLICANT HAS REQUESTED TO
TABLE THIS ITEM TO THE APRIL 1, 2008, CITY COUNCIL MEETING.
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.)
6. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 928, 2nd Reading, Adopt an ordinance to add Article VII
"Curfew Hours for Minors" to Chapter 15, "Public Safety" of the Southlake
Code of Ordinances. PUBLIC HEARING
B. Ordinance No. 929, 2nd Reading, Adopt an ordinance to amend Chapter
58, of the Southlake Code of Ordinances, making it unlawful for certain
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City Council meeting agenda
March 4, 2008
Page 4 of 8
sex offenders to reside within 2,000 feet of premises where children
gather. PUBLIC HEARING
C. Ordinance No. 930, 2nd Reading, Adopt the 2006 International Building
Code. PUBLIC HEARING
D. Ordinance No. 931, 2nd Reading, Adopt the 2006 International Fire Code.
PUBLIC HEARING
E. Ordinance No. 932, 2nd Reading, Adopt the 2006 International Energy
Conservation Code. PUBLIC HEARING
F. Ordinance No. 933, 2nd Reading, Adopt the 2006 ICC Electrical Code,
Administrative Provisions. PUBLIC HEARING
G. Ordinance No. 934, 2nd Reading, Adopt the 2006 International Plumbing
Code. PUBLIC HEARING
H. Ordinance No. 935, 2nd Reading, Adopt the 2006 International Fuel Gas
Code. PUBLIC HEARING
1. Ordinance No. 936, 2nd Reading, Adopt the 2006 International Mechanical
Code. PUBLIC HEARING
J. Ordinance No. 937, 2nd Reading, Adopt the 2006 International Residential
Code. PUBLIC HEARING
K. Ordinance No. 480-544, 2nd Reading (ZA07-087) Zoning Change and Site
Plan for Mendez Medical Offices on property legally described as Tract
3D3A, W.W. Hall Survey, Abstract No. 695 and located at 918 East
Southlake Boulevard. Current Zoning: AG Agricultural District. Requested
Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #10.
PUBLIC HEARING
L. ZA07-088, Preliminary Plat for Mendez L.T.D. on property legally
described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located
at 918 East Southlake Boulevard. Current Zoning: AG Agricultural District.
Proposed Zoning: S-P-1 Detailed Site Plan District and AG Agricultural
District. SPIN Neighborhood #10.
M. ZA07-157, Site Plan for Southlake Wellness Center on property being
legally described as Lot 18, O.W. Knight No. 899 Addition and located at
415 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site
Plan District. SPIN Neighborhood # 9W. PUBLIC HEARING
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City Council meeting agenda
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Page 5 of 8
N. Resolution No. 08-012, (ZA08-010) Specific Use Permit for carports for
non-residential property on property being legally described as Lot 18,
O.W. Knight No. 899 Addition and located at 415 East Southlake
Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN
Neighborhood #9W. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-542, 1St Reading (ZA07-129), Zoning Change and Site
Plan for Southlake Villa Offices on property legally described as Tract 3,
W.W. Hall Survey, Abstract No. 687, located at 310 East Southlake
Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-
P-1 Detailed Site Plan District. SPIN Neighborhood #10. (If approved at
first reading, the public hearing will be held March 18, 2008.)
B. Ordinance No. 480-552, 1St Reading (ZA07-162), Zoning Change and
Concept Plan for Lots 9-12, J. Childress No. 254 Addition on property
being legally described as Tract 3D2, John Heirs Childress Survey,
Abstract No. 254 and located at 3010 Lake Drive. Current Zoning: AG
Agricultural District. Requested Zoning: SF20B Single Family Residential
District. SPIN Neighborhood #3. (If approved at first reading, the public
hearing will be held March 18, 2008.)
C. Ordinance No. 480-553, 1St Reading (ZA08-002), Zoning Change and Site
Plan for Nolen Center on property being legally described as a portion of
Tract 2A2A, Thomas Easter Survey, Abstract No. 474 and located at 2627
East Southlake Boulevard. Current Zoning: AG Agricultural District.
Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood
#7. (If approved at first reading, the public hearing will be held March 18,
2008.)
D. Ordinance No. 480-554, 1St Reading (ZA08-011), Zoning Change and Site
Plan for Lot 4, Block A, Commerce Business Park, located at 375
Commerce Street. Current Zoning: 11 Light Industrial District. Requested
Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. (If
approved at first reading, the public hearing will be held March 18, 2008.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Consider SP07-073A, Variance to Sign Ordinance No. 704-C for a
development sign for Southlake Town Square located at the northeast
corner of North Carroll Avenue and East Southlake Boulevard.
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City Council meeting agenda
March 4, 2008
Page 6 of 8
B. Approve a revised Commercial Developer Agreement with Carroll/1709
Ltd. for Shops of Southlake, a 29.3 acre development at the southeast
corner of East Southlake Boulevard and Carroll Avenue.
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, February 29, 2008, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
,`o~y„s a ra xy""""se
0". tewrre rr~,i,
•
Lori Payne, TRIWC
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p = "
City Secretary
"Opp
If you plan to attend this"'publikeng and have a disability that requires special
needs, please advise the Cify"!Wt`etary's Office 48 hours in advance at 817-748-8016
and reasonable accommodations will be made to assist you.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 4, 2008
Page 7 of 8
EXECUTIVE SESSION
Section 551.071: Consultation with attorney
The City Council may conduct a private consultation with its attorney when the City
Council seeks the advice of its attorney concerning any item on this agenda, about
pending and contemplated litigation, or a settlement offer, or on a matter in which the
duty of the attorney to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551.
This includes the following pending and/or contemplated litigation subjects:
1. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a
Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John
R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004.
2. Teresa Dreyer v. City of Southlake. September 2006.
3. TBC Construction, Inc., and TBC First Realty, Inc. v. City of Southlake, Barson
Utilities, Inc., aka Barson Utilities. December 2006.
4. June G. Thrash v. City of Southlake, et al. January 2008.
Section 551.072: Deliberation regarding real property
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: Deliberation regarding prospective gift or donation
The City Council may conduct a closed meeting to deliberate a negotiated contract for a
prospective gift or donation to the City.
Section 551.074: Deliberation regarding personnel matters
The City Council may deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of public officers, including the City
Manager, City Secretary, City Attorney, Municipal Judge and city boards and
commission members. A complete list of the city boards and commissions is on file in
the City Secretary's Office.
Section 551.076: Deliberation regarding security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations
The City Council may discuss or deliberate regarding commercial or financial
information received from a business prospect that the city seeks to have locate, stay,
or expand in or near the city and which the City is conducting economic development
negotiations; or to deliberate the offer of a financial or other incentive to a business
prospect as described above.
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City of Southlake
City Council meeting agenda
March 4, 2008
Page 8 of 8
Section 418.183(f): Texas Disaster Act
The City Council may deliberate information: 1) for purposes of preventing,
investigating, or responding to an act of terrorism or related criminal activity and
involving emergency response providers, their staffing, contact information and tactical
plans; 2) that relates to the risk or vulnerability of persons or property, including
infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive
weapon, the location of a material that may be used in a chemical, biological or
radioactive weapon, or unpublished information pertaining to vaccines or devices to
detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism-related
report to an agency of the United States; 6) that relates to technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information
regarding security measures or security systems intended to protect public and private
property from an act of terrorism. The Texas Disaster Act specifically requires that a
tape recording of the closed meeting be made.
Section 418.106(d) & (e): Local meetings to discuss emergency management
plans regarding pipeline safety
The City Council may discuss emergency management plans involving pipeline safety
and/or security of pipeline infrastructures or facilities when those plans or discussions
contain such sensitive information.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork