2007-05-01
OFFICIAL RECORD
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: May 1, 2007
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris,
p Deputy Mayor Pro Tern John Terrell, and Councilmembers Laura K. Hill, Gregory Jones, and
w Virginia M. Muzyka.
CITY COUNCIL ABSENT: Councilmember Vernon Stansell.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, Community Relations Officer Pilar Schank,
y Manager of Information Services Gary Gregg, Information Systems Technician Sam Cobb,
Library Administrator Kerry McGeath, Director of Community Services Steve Polasek, Deputy
Director of Community Services Chris Tribble, Recreation Superintendent Steve Moore,
Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Chief of
Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Planning and
Development Services Ken Baker, Director of Public Works Robert H. Price, City Attorney Tim
g. 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 5:11 p.m.
Agenda Item No. 2. Invocation. Linda Pallone from Gateway Church gave the invocation. Mayor
Wambsganss led the Pledge of Allegiance.
Agenda Item No 3 Southlake Youth Action Commission End of the Year Report. Libby
Stanley, Chair of the Southlake Youth Action Commission, presented this item to Council.
Agenda Item No 4 Update on Substandard Building Removal Program. Chief Finn presented
this item to Council.
Agenda Item No 5 Discuss all items on tonight's meeting agenda. City Council reviewed the
consent agenda items with city staff. Items 9A, 9B (to reject all bids) and 9C were added to the
consent agenda. The work session ended at 5:41 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
b Wambsganss at 5:41 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, MAY 1, 2007
Page I of 6
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
u negotiations. City Council adjourned for Executive Session at 5:41 p.m. Executive Session began
at 6:25 p.m. and ended at 6:47 p.m.
0
r. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:59
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. 3B. City Manager's Report. No report was given.
" Agenda Item No. 3C. School District Report. This report was given later in the meeting.
0
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
" and are enacted with one motion.
Agenda Item No 4A Approve the minutes from the April 17, 2007, regular City Council
meeting. A presentation was not made on this item.
Agenda Item No 4B Award bid for the purchase of a 350 KW portable generator to Waukesha
r Pearce Industries Inc. in the amount of $89,330. A presentation was not made on this item.
Agenda Item No 4C Authorize an amended Residential Developer's Agreement with MDC
Johnson Place L.L.C. for Johnson Place located on the west side of Randol Mill Avenue and
north of Johnson Road. A presentation was not made on this item.
Agenda Item No. 4D. This item intentionally left blank.
Agenda Item No 4E Ordinance No 908, 1St Reading Amend Chapter 2 Administration Article
w V Boards and Commissions of the Southlake City Code by adding a Division 6 to establish the
Southlake Arts Council. A presentation was not made on this item.
Agenda Item No 4F Ordinance No 803-A I" Reading Amend Chapter 2 Administration,
Article XI Public Arts Policy of the Southlake City Code. A presentation was not made on this
item.
Agenda Item No 4G Approve the revised Recreation Activities Cost Recovery Policy. A
presentation was not made on this item.
w Agenda Item No 4H Resolution No 07-017 (ZA07-039), Specific Use Permit for a
telecommunications tower located at 340 Miron Drive. Current Zoning: B-1 Business Service
Park District. SPIN Neighborhood #8. This item was withdrawn by the applicant prior to the
meeting.
a
REGULAR CITY COUNCIL MEETING MINUTES, MAY 1, 2007
Page 2 of 6
Agenda Item No 41. Resolution No. 07-018 (ZA07-040), Specific Use Permit for a
telecommunications tower located at 3700 North White Chapel Boulevard. Current Zoning: CS
Community Service District. SPIN Neighborhood #1. This item was withdrawn by the applicant
prior to the meeting.
w. Agenda Item No 9A Award bid for the Bob Jones Park Parking Lot Improvements project to
North Texas Contracting Inc. in an amount of $337,400. A presentation was not made on this
" item.
"
Agenda Item No 9B Consider bids for Bob Jones Nature Center Improvements. Director
" Polasek presented this item to the Council. Emily Galpin, 1481 Post Oak Trail, Southlake, Texas,
spoke in support of this project. After discussion, Council agreed to reject all received bids at this
time.
e Agenda Item No 9C Consider SP07-117 Variance to Sign Ordinance No. 704-C for First
American Title located at 700 East Southlake Boulevard, Suite 170. Director Baker presented
" this item to Council. Applicant Sandra Sidwell answered Council's questions.
w.
Motion was made to approve consent agenda items 4A; 4B; 4C; 413; 4E; 417; 4G; to withdraw
item 4H; to withdraw item 41; 9A; 9B to reject all bids; and 9C.
6. Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
L Nays: None
Approved: 6-0
r
" REGULAR AGENDA:
" Agenda Item No. 5. Public Forum. No one spoke.
Agenda Item No 6A Ordinance No 480-512 2"d Reading_(ZA06-189) Zoning Change and
Site Plan for proposed Southlake Design Center located at 280 Commerce Street. Current
Zoning: S-P-1 Detailed Site Plan District Requested Zoning: S-P-1 Detailed Site Plan District.
SPIN Neighborhood 97. The applicant requested to table this item to the May 15, 2007, City
Council meeting.
u
~Motion was made to table item 6A, Ordinance No. 480-512, 2"d Reading, (ZA06-189), Zoning
Change and Site Plan for proposed Southlake Design Center, to the May 15, 2007, City Council
meeting.
" Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0 (to table)
` REGULAR CITY COUNCIL MEETING MINUTES, MAY], 2007
Page 3 of 6
t Deputy Mayor Pro Tern Terrell recused himself from this item.
Agenda Item No 6B. ZA07-035 Site Plan for Cherry Lane Townhomes, located at 430 and 440
Cherry Lane Current Zoning: MF-1 Two Family Residential District. SPIN Neighborhood #6.
Director Baker presented this item to Council.
No one spoke during the public hearing.
a Motion was made to approve ZA07-035, Site Plan for Cherry Lane Townhomes, located at 430
and 440 Cherry Lane, subject to Site Plan Review Summary No. 1, dated April 13, 2007.
Motion: Jones
' Second: Muzyka
W. Ayes: Jones, Morris, Muzyka, Wambsganss
Nays: Hill
r' Approved: 4-1
Deputy Mayor Pro Tern Terrell rejoined the meeting.
Agenda Item No 6C Resolution No 07-022 (ZA06-178) Specific Use Permit for carports for
non-residential property being legally described as a portion of Tract IA S. Freeman Survey,
Abstract No 525 and being located at 2720 East State Highway 114. Current Zoning: S-P-2
Generalized Site Plan District. SPIN Neighborhood #6. Director Baker presented this item in
conjunction with item 6D. Applicant Ben Henry with Adams Engineering answered Council's
questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed
as follows:
a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
` GRANTING A SPECIFIC USE PERMIT FOR A CARPORT ON NON-RESIDENTIAL
PROPERTY ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED
AT 2720 EAST STATE HIGHWAY 114, BEING LEGALLY DESCRIBED AS A PORTION
OF TRACT IA, S. FREEMAN SURVEY, ABSTRACT NO. 525, MORE FULLY AND
w 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 was made to approve Resolution No. 07-022, (ZA06-178) Specific Use Permit for
` carports for non-residential property being legally described as a portion of Tract 1 A, S. Freeman
Survey, Abstract No. 525 and being located at 2720 East State Highway 114, subject to the
applicant's agreement to fill in the portion of the parking structure arch that faces State Highway
114 with a feature that is architecturally compatible with the main building and subject to Site
Plan Review Summary No. 3, dated April 13, 2007.
Motion: Jones
Second: Morris
Ayes: Jones, Morris, Muzyka, Terrell, Wambsganss
P
REGULAR CITY COUNCIL MEETING MINUTES, MAY 1, 2007
Page 4 of 6
1
' Nays: Hill
Approved: 5-1
Agenda Item No. 6D. ZA06-179, Revised Site Plan for proposed Lot 1, Morrison Office Park on
property described as a portion of Tract IA, S. Freeman Survey, Abstract No. 525; located at
w 2720 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. SPIN
Neighborhood #6. Director Baker presented this item in conjunction with item 6C. Applicant
Ben Henry with Adams Engineering answered Council's questions.
a
d No one spoke during the public hearing.
Motion was made to approve ZA06-179, Revised Site Plan for proposed Lot 1, Morrison Office
Park on property described as a portion of Tract IA, S. Freeman Survey, Abstract No. 525;
located at 2720 East State Highway 114, specifically approving the requested variances which
were previously approved in the initial zoning and concept plan and subject to Revised Site Plan
Review Summary No. 3, dated April 13, 2007.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 9D. Consider SP07-127, Variance to Sign Ordinance No. 704-C for Pavilion
Plaza Players Circle, located at 1959 West Southlake Boulevard. Director Baker presented this
item to Council during the work session. Applicants F.C. LeVrier of Suncoast Architects,
property owner Phillip Bressinck, and manager Jeff Volt from Curves for Woman answered
Council's questions. After discussion, Mr. Bressinck asked to table this item to the next meeting.
Motion was made to table SP07-127, Variance to Sign Ordinance No. 704-C for Pavilion Plaza,
Players Circle, located at 1959 West Southlake Boulevard to the May 15, 2007, City Council
meeting.
Motion: Jones
0
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 3C. School District Report. Dr. David Faltys, Superintendent of Carroll
Independent School District, updated Council on recent and upcoming events within the school
district.
Agenda Item No. 9E. ZA07-028 Plat Revision for Lots 3R4R - 3R11R, Green Meadows
Subdivision being a replat of proper currently described as Lots 3R4 and 3R5, C.B.
McDonald Abstract No. 1013; located at 2281 East Continental Boulevard and 2261 East
Continental Boulevard. Current Zoning: I-1 Light Industrial District. SPIN Neighborhood 47.
REGULAR CITY COUNCIL MEETING MINUTES, MAY], 2007
Page 5 of 6
Director Baker presented this item to Council. Applicant John Dorety answered Council's
questions.
Motion was made to approve ZA07-028, Plat Revision for Lots 3R4R - 3R11R, Green Meadows
Subdivision, subject to Revised Plat Review Summary No. 2, dated April 25, 2007, specifically
approving the requested variance to street frontage.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
4 Nays: None
Approved: 6-0
q
Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 8:36 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
dMayor
ATTEST:
tl`e aya. . o r ssaa,a•~~
0'
1 > 0 e i
+ ~ e
•
Lori Payne, TRM v ti
City Secretary •y`'~•.••••.
1
1
REGULAR CITY COUNCIL MEETING MINUTES, MAY 1, 2007
Page 6 of 6
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
-OUNTY OF TARRANT §
I, ohm Te- r re- as a member of the L,bu n c 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: Z~ - 0-7 _ 03S
COMPLETE (A) or (B): (A) The business entity is (name); or
(B) The real property is located at: q- 3o o (ln e e-e-.t Lan e
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.
Other: ee~ Of Nw kff o rJ Y1 8 a5 c ~ Cn +D ~O ec
hie Av (se ~ (LDM) (S5ReS
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 INl , 20 0-7.
4
Signature of Official
The State of Texas §
County of Tarrant §
Before me, Lr~ 1:;rwe on this day personally appeared
,o I h 8 rr2 known 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 DT
(SEAL)
a A ; Notary Public in add for the State of Texas
,r+`,f
'OF