2007-12-04 Regular CC Meeting CITY O
SOUF THLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: DECEMBER 4, 2007
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 4:45 P.M.
1. Call to order.
2. Christening and Dedication of Truck 401
3. Invocation: Scott Berry, Chaplain of the Month
4. CISD demographic report presentation
5. Discussion of regulations pertaining to oil and gas drilling:
A. Ordinance No. 480 -RRR, Amending the Comprehensive Zoning
Ordinance No. 480, as amended, as it pertains to oil and gas drilling and
production.
B. Amendment to the City's Master Comprehensive Plan as it pertains to oil
and gas drilling production, oil and gas production pad sites and natural
resource extraction activities.
C. Ordinance No. 880 -A, Amending Section 9.5, Article IV, of the Southlake
City Code regarding oil and gas well drilling and production.
6. 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 subject matter of
this City Council meeting.
1. Section 551.072: Deliberation regarding real property
a. Deliberate the acquisition of property for park purposes.
b. Deliberate the purchase of the parking garages in Town
Square.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 4, 2007
Page 2 of 8
2. 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
B. City Manager's Report
1. Recognition of Emily Galpin for her efforts on behalf of the Bob
Jones Nature Center
2. United Way Presentation - Senior Community Plan
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 the minutes from the November 20, 2007, regular City Council
meeting and from the November 14, 2007, special meeting to canvass the
November 6, 2007, special election.
B. This item was intentionally left blank.
C. Award annual purchasing agreement to Atlas Utility Supply, Municipal
Water Works, H. D. Supply, Hydraflo Inc., and Ferguson Waterworks for
utility parts.
D. Award annual purchasing agreement to Centerline Supply and
Roadrunner Traffic Supply for signs and pavement marking.
E. Award of bid to Crowley Sports Officials in the amount of $100,130 for
sports officiating and scorekeeping services.
F. Approve 2008 Community Service Agreement with Call A Ride Southlake,
Inc.
G. Approve 2008 Community Service Agreement with SafeHaven of Tarrant
County.
H. Approve 2008 Community Service Agreement with Metroport Meals on
Wheels.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
December 4, 2007
Page 3 of 8
I. Approve 2008 Community Service Agreement with Southlake Sister
Cities.
J. Approve 2008 Community Service Agreement with Southlake Community
Band.
K. Approve 2008 Community Service Agreement with Southlake Historical
Society.
L. Approve 2008 Community Service Agreement with Keep Southlake
Beautiful.
M. Approve 2008 Community Service Agreement with Southlake Women's
Club for Art in the Square.
N. Approve 2008 Community Service Agreement with Grapevine Relief and
Community Exchange.
O. Approve SPDC Matching Funds Request in the amount of $5,000 from the
Southlake Historical Society for the addition of a stone fireplace and
chimney to the log cabin.
P. Approve SPDC Matching Funds request in the amount of $2,250 from
Keep Southlake Beautiful for the addition of shade umbrellas in Liberty
Garden in Bicentennial Park.
Q. Approve renewal of contract with American Landscape Systems for
landscape maintenance of public areas in Town Square and Central Park
in the amount of $73,050 for a twelve month period ending December 31,
2008.
R. Approve renewal of contracts with TruGreen LandCare for landscape
maintenance of city facilities and right -of -way mowing in the amount of
$90,964 for a twelve month period ending December 31, 2008.
S. Ordinance No. 480 -536, 2 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
#7. THIS ITEM HAS BEEN TABLED AND THE PUBLIC HEARING
CONTINUED TO THE JANUARY 15, 2008, CITY COUNCIL MEETING.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
December 4, 2007
Page 4 of 8
T. 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. THIS ITEM HAS BEEN TABLED TO THE JANUARY
15, 2008, CITY COUNCIL MEETING.
U. Ordinance No. 480 -492, 1 Reading (ZA06 -045), Zoning Change for a
portion of Lot 1, Block 1, Arnold Estates. The property is situated at 1275
Shady Oaks Drive with access through 520 West Highland Street. Current
Zoning: RE Single Family Residential Estate District. Requested Zoning:
SF -1A Single Family Residential District. SPIN Neighborhood #11. THIS
ITEM HAS BEEN TABLED TO THE JANUARY 15, 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. 920, 2 Reading, adopt an ordinance to dedicate street
right -of -way from city owned property at the northeast corner of Dove
Road and North White Chapel Boulevard for the purpose of constructing
intersection improvements. PUBLIC HEARING
B. Ordinance No. 921, 2 Reading, adopt an ordinance to dedicate street
right -of -way from city owned property at the southeast corner of Dove
Road and North White Chapel Boulevard for the purpose of constructing
intersection improvements. PUBLIC HEARING
C. Ordinance No. 480 -537, 2nd Reading (ZA07 -106), Zoning Change,
Concept Plan /Site Plan for Kimball Lake Office Park on property legally
described as Tract 3B, T. Mahan Survey, Abstract No. 1049 and located
at 600 North Kimball Avenue. Current Zoning: AG Agricultural District.
Requested Zoning: S -P -2 Generalized Site Plan District. SPIN
Neighborhood #6. PUBLIC HEARING
D. Ordinance No. 480 -540, 2nd Reading (ZA07 -143), Zoning Change and
Concept Plan for 2050 North Shady Oaks Drive on property legally
described as Lot D1, Block 1, Old Orchard Country Estates and located at
2050 Shady Oaks Drive. Current Zoning: SF -1A Single Family Residential
District. Requested Zoning: SF -2 Single Family Residential District. SPIN
Neighborhood #11. PUBLIC HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability • Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 4, 2007
Page 5 of 8
7. Ordinances, first readings, and related items:
A. Ordinance No. 922, 1 Reading, adopt an ordinance to amend Chapter
18, Traffic and Vehicles, of the City of Southlake Code of Ordinances by
adding new Article VIII, Automated Red Light Enforcement. (If approved
on first reading, the public hearing will be held December 18, 2007.)
B. Approve Royal and Annie Smith Park design.
C. Ordinance No. 480 -538, 1 Reading (ZA07 -121), Zoning Change and Site
Plan for Royal and Annie Smith Park on property legally described as
Tract 1, J.G. Allen Survey, Abstract No. 18 and located at 3045 Johnson
Road. Current Zoning: AG Agricultural District. Requested Zoning: CS
Community Service District. SPIN Neighborhood #15. (If approved on first
reading, the public hearing will be held December 18, 2007.)
D. Approve Liberty Park at Sheltonwood design.
E. Ordinance No. 480 -539, 1 Reading (ZA07 -122), Zoning Change and Site
Plan for Liberty Park at, Sheltonwood on property legally described as
Tract 1C01A and a portion of Tract 1A, J.W. Chivers Survey, Abstract No.
350 and located at 570 East Dove Road and 590 East Dove Road.
Current Zoning: SF -1A Single Family Residential District. Requested
Zoning: CS Community Service District. SPIN Neighborhood #3. (If
approved on first reading, the public hearing will be held December 18,
2007.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Approve Change Order No. 1 to the Construction Manager at Risk
contract with Lee Lewis Construction, Inc., in the amount of $1,925,913 for
the demolition of the existing DPS East facility and the civil work for the
new DPS Headquarters.
B. Consider SP07 -320, Variance to Sign Ordinance No. 704 -C for Cristina's
Fine Mexican Restaurant located at 2707 East Southlake Boulevard, Suite
100.
C. Consider SP07 -417, Amendment to the Gateway Plaza Phase II
Conditional Sign Permit for temporary signs for Weir's Furniture located at
210 North Nolen Drive.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability • Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
December 4, 2007
Page 6 of 8
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, November 30, 2007, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Lori Payne, TR = 4 •
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City Secretary ° ' =�`
If you plan to attend thi #,pub ehg and have a disability that requires special
needs, please advise the Ciffi'6ea Mary'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
December 4, 2007
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.
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 regardinq 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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
•
City of Southlake
City Council meeting agenda
December 4, 2007
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
( CITY OF
SOUTH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 4, 2007
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris,
Deputy Mayor Pro Tem Virginia M. Muzyka, and Councilmembers Laura K. Hill (arrived
at 5:25 p.m.), Gregory Jones, and John Terrell (arrived at 5:37 p.m.).
CITY COUNCIL ABSENT: Councilmember Vernon Stansell.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison 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, Director of Economic
Development Greg Last, Director of Finance Sharen Jackson, Director of Human
Resources Kevin Hugman, Chief of Fire Services Robert Finn, Fire Captain Mike Starr,
Fire Lieutenant Kevin Hornick, Public Safety Officer David Anderson, Fire Fighter /EMT
Ryan Sessums, Fire Fighter /EMT Mike Fruci, Fire Fighter /EMT Jeremy Blackwell,
Driver /Engineer Wade Carroll, Driver /Engineer Tony Peyton, Firefighter /EMT Chris
Brown, Public Safety Officer Joe Crowder, Firefighter /EMT Brent Nobile,
Firefighter /EMT Trey Porter, Firefighter /EMT Jim Cox, Chief of Police Services Wade
Goolsby, Director of Planning and Development Services Ken Baker, Deputy Director of
Planning and Development Services Dennis Killough, Chief Building Official Paul Ward,
Director of Public Works Robert H. Price, 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 4:48 p.m.
Agenda Item No. 2. Christening and dedication of Truck 401. Mayor Wambsganss
invited everyone to the West Parking Garage for the dedication of the new fire truck at
4:48 p.m. Chief Finn made a presentation and then Mayor Wambsganss rode the lift to
the top of the parking garage where he christened truck 401.
Mayor Wambsganss reconvened the meeting in the Council Chambers at 5:25 p.m.
Councilmember Hill arrived at 5:25 p.m. Councilmember Terrell arrived at 5:37 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 4, 2007
Page 1 of 11
Agenda Item No. 3. Invocation. Chaplain of the Month, Scott Berry, gave the invocation.
Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 4. CISD demographic report presentation. Carroll Independent School
District Superintendent David Faltys made a presentation on this item.
Agenda Item No. 5A.Ordinance No. 480 -RRR, Amending the Comprehensive Zoning
Ordinance No. 480, as amended, as it pertains to oil and gas drilling and production;
Agenda Item No. 5B. Amendment to the City's Master Comprehensive Plan as it
pertains to oil and qas drilling production, oil and gas production pad sites and natural
resource extraction activities; and,
Agenda Item No. 5C. Ordinance No. 880 -A, Amending Section 9.5, Article IV, of the
Southlake City Code regarding oil and qas well drilling and production.
A presentation was not made on this item. Director Baker announced Council was
invited to tour Walsh Ranch on December 5, 2007; Flower Mound on December 11,
2007 and Mansfield on December 12, 2007 to study their drilling projects.
Agenda Item No. 6. Discuss all consent agenda items on tonight's meeting agenda.
City Council reviewed the consent agenda items with city staff. The work session
ended at 6:04 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:04 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 551.072, deliberation regarding real property and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 6:04 p.m. Executive Session began at 6:30 p.m. and ended at 6:57 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:06 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.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion.
Agenda Item No. 3A. Approve the minutes from the November 20, 2007, regular City
Council meeting. There was not a presentation made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 4, 2007
Page 2 of 11
Agenda Item No. 3B. City Manager's Report. City Manager Yelverton updated Council
on the draft plan for the Urban Design Meeting that would be held on December 12,
2007.
Agenda Item No. 3B1. Recognition of Emily Galpin for her efforts on behalf of the Bob
Jones Nature Center. City Manager Yelverton announced Mrs. Galpin could not be
here so this item would be rescheduled.
Agenda Item No. 3B2. United Way Presentation - Senior Community Plan. City
Manager Yelverton and Deputy Mayor Pro Tem Muzyka introduced this item and
introduced Faye Beaulieu from United Way. Ms. Beaulieu introduced Mary King from
Metroport Meals on Wheels. Ms. Beaulieu and Ms. King presented the United Way
report on Senior Isolation Solutions.
CONSENT AGENDA
Agenda Item No. 4A. Approve the minutes from the November 20, 2007, regular City
Council meeting and from the November 14, 2007, special meeting to canvass the
November 6, 2007, special election. A presentation was not made on this item.
Agenda Item No. 4B. This item was intentionally left blank.
Agenda Item No. 4C. Award annual purchasing agreement to Atlas Utility Supply,
Municipal Water Works, H. D. Supply, Hydraflo Inc., and Ferguson Waterworks for utility
parts. A presentation was not made on this item.
Agenda Item No. 4D. Award annual purchasing agreement to Centerline Supply and
Roadrunner Traffic Supply for signs and pavement marking. A presentation was not
made on this item.
Agenda Item No. 4E. Award of bid to Crowley Sports Officials in the amount of
$100,130 for sports officiating and scorekeepinq services. A presentation was not
made on this item.
Agenda Item No. 4F. Approve 2008 Community Service Agreement with Cali A Ride
Southlake, Inc. A presentation was not made on this item.
Agenda Item No. 4G. Approve 2008 Community Service Agreement with SafeHaven of
Tarrant County. A presentation was not made on this item.
Agenda Item No. 4H. Approve 2008 Community Service Agreement with Metroport
Meals on Wheels. A presentation was not made on this item.
Agenda Item No. 41. Approve 2008 Community Service Agreement with Southlake
Sister Cities. A presentation was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 4, 2007
Page 3 of 11
Agenda Item No. 4J. Approve 2008 Community Service Agreement with Southlake
Community Band. A presentation was not made on this item.
Agenda Item No. 4K. Approve 2008 Community Service Agreement with Southlake
Historical Society. A presentation was not made on this item.
Agenda Item No. 4L. Approve 2008 Community Service Agreement with Keep
Southlake Beautiful. A presentation was not made on this item.
Agenda Item No. 4M. Approve 2008 Community Service Agreement with Southlake
Women's Club for Art in the Square. During the work session, Phyllis Lambert, Barb
Cohen and Carmen Evans from the Southlake Women's Club and Art in the Square
asked Council to contribute to the costs of renting or purchasing a new stage for the
event.
Agenda Item No. 4N. Approve 2008 Community Service Agreement with Grapevine
Relief and Community Exchange. A presentation was not made on this item.
Agenda Item No. 40. Approve SPDC Matching Funds Request in the amount of $5,000
from the Southlake Historical Society for the addition of a stone fireplace and chimney
to the log cabin. A presentation was not made on this item.
Agenda Item No. 4P. Approve SPDC Matching Funds request in the amount of $2,250
from Keep Southlake Beautiful for the addition of shade umbrellas in Liberty Garden in
Bicentennial Park. A presentation was not made on this item.
Agenda Item No. 4Q. Approve renewal of contract with American Landscape Systems
for landscape maintenance of public areas in Town Square and Central Park in the
amount of $73,050 for a twelve month period ending December 31, 2008. A
presentation was not made on this item.
Agenda Item No. 4R. Approve renewal of contracts with TruGreen LandCare for
landscape maintenance of city facilities and right -of -way mowing in the amount of
$90,964 for a twelve month period ending December 31, 2008. A presentation was not
made on this item.
Agenda Item No. 4S. 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 #7. This item has been tabled and the public hearing continued to the
January 15, 2008, City Council meeting.
Agenda Item No. 4T. ZA07 -111, Plat Revision for Lots 1R1, 1 R2, 2R1, 2R2, and 2R3,
Block 3, Cornerstone Business Park being a replat of property currently described as
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 4, 2007
Page 4 of 11
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. This item has been
tabled to the January 15, 2008, City Council meeting.
Agenda Item No. 4U. Ordinance No. 480 -492, 1 Reading (ZA06 -045), Zoning Change
for a portion of Lot 1, Block 1, Arnold Estates. The property is situated at 1275 Shady
Oaks Drive with access through 520 West Highland Street. Current Zoning: RE Single
Family Residential Estate District. Requested Zoning: SF -1A Single Family Residential
District. SPIN Neighborhood #11. This item has been tabled to the January 15, 2008,
City Council meeting.
Motion was made to approve consent agenda items 4A; 4C; 4D; 4E; 4F; 4G; 4H; 41; 4J;
4K; 4L; 4M; 4N; 40; 4P; 4Q; 4R; 4S to table and continue the public hearing to the
January 15, 2008, City Council meeting; 4T to table to the January 15, 2008, City
Council meeting; and 4U to table to the January 15, 2008, City Council meeting.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
REGULAR AGENDA
Agenda Item No. 5. Public Forum. No one spoke during public forum.
Agenda Item No. 6A. Ordinance No. 920, 2 Reading, adopt an ordinance to dedicate
street right -of -way from city owned property at the northeast corner of Dove Road and
North White Chapel Boulevard for the purpose of constructing intersection
improvements. Director Price presented this item to Council in conjunction with item
6B. In accordance with Section 4.21 of the City Charter, the caption for this item is
listed as follows:
AN ORDINANCE DEDICATING PERMANENT STREET RIGHT -OF -WAY FROM CITY
OWNED PROPERTY AT THE NORTHEAST CORNER OF DOVE ROAD AND NORTH
WHITE CHAPEL BOULEVARD OUT OF THE JOEL W. CHIVERS SURVEY,
ABSTRACT NO. 350 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS;
DECLARING THAT SUCH STREET RIGHT -OF -WAY IS NECESSARY FOR USE BY
THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT -OF -WAY
DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 920, 2nd Reading, as presented.
Motion: Terrell
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 4, 2007
Page 5 of 11
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6B. Ordinance No. 921, 2 " Reading, adopt an ordinance to dedicate
street right -of -way from city owned property at the southeast corner of Dove Road and
North White Chapel Boulevard for the purpose of constructing intersection
improvements. Director Price presented this item in conjunction with item 6A. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE DEDICATING PERMANENT STREET RIGHT -OF -WAY FROM CITY
OWNED PROPERTY AT THE SOUTHEAST CORNER OF DOVE ROAD AND NORTH
WHITE CHAPEL BOULEVARD DESCRIBED AS LOT 1A, BLOCKI, AMAYA
ADDITION IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING
THAT SUCH RIGHT -OF -WAY IS NECESSARY FOR USE BY THE PUBLIC;
AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT -OF -WAY DEDICATION
DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 921, 2 Reading, as presented.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6C. Ordinance No. 480 -537, 2 Reading (ZA07 -106), Zoning
Change, Concept Plan /Site Plan for Kimball Lake Office Park on property legally
described as Tract 3B, T. Mahan Survey, Abstract No. 1049 and located at 600 North
Kimball Avenue. Current Zoning: AG Agricultural District. Requested Zoning: S -P -2
Generalized Site Plan District. SPIN Neighborhood #6. Deputy Director Killough
presented this item to Council. Applicant Curtis Young of the Sage Group, 1130 North
Carroll Avenue, Southlake, Texas, 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 3B, SITUATED IN THE T. MAHAN SURVEY, ABSTRACT NO. 1049, BEING
APPROXIMATELY 14.45 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P -2"
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GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES,
LIMITED "C -2" LOCAL RETAIL COMMERCIAL DISTRICT USES, LIMITED "0-2"
OFFICE DISTRICT USES, AND LIMITED "HC" HOTEL 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.
No one spoke during the public hearing.
Motion was made to approve Ordinance 480 -537, 2 Reading, (ZA07 -106), Zoning
Change, Concept Plan / Site Plan for Kimball Lake Office Park granting the requested
variances; subject to Council's comments; subject to the presentation made this
evening and representations made by the applicant; noting the applicant has indicated
the elevations on the west side of the building will be similar materials or the same
materials as the east side that is reflected in the pictures; requiring the applicant to
construct a 30 -inch rock retaining wall along the entire east and south side of the
parking lot on Lot 4 that fronts Kimball Avenue; requiring the rock in the retaining wall to
be similar to that on the buildings; requiring the applicant to add a textured rumble strip
at both entrances that matches the interior pavement accents; subject to Site Plan
Review Summary No. 4, dated November 28, 2007.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6D. Ordinance No. 480 -540, 2nd Reading (ZA07 -143), Zoning Change
and Concept Plan for 2050 North Shady Oaks Drive on property legally described as
Lot D1, Block 1, Old Orchard Country Estates and located at 2050 Shady Oaks Drive.
Current Zoning: SF -1A Single Family Residential District. Requested Zoning: SF -2
Single Family Residential District. SPIN Neighborhood #11. Chief Planner Killough
presented this item to Council. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT
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D1, BLOCK 1, OLD ORCHARD COUNTRY ESTATES, BEING APPROXIMATELY 4.48
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF -2" SINGLE FAMILY
RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO
THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
Mayor Wambsganss opened the public hearing.
Tim Railey, 440 West Highland Street, Southlake, Texas spoke in support of this item.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480 -540, 2 reading, as presented.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7A. Ordinance No. 922, 1 Reading, adopt an ordinance to amend
Chapter 18, Traffic and Vehicles, of the City of Southlake Code of Ordinances by adding
new Article VIII, Automated Red Light Enforcement. Assistant City Manager /Director
Blagg presented this item to Council.
City Council discussed this request.
Motion was made to approve Ordinance No. 922, 1 Reading, as presented.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7B. Approve Royal and Annie Smith Park design. Deputy Director
Tribble presented this item to Council in conjunction with item 7D.
Council discussed this request.
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Motion was made to approve Royal and Annie Smith Park design as presented.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7C. Ordinance No. 480 -538, 1 Reading (ZA07 -121), Zoning Change
and Site Plan for Royal and Annie Smith Park on property legally described as Tract 1,
J.G. Allen Survey, Abstract No. 18 and located at 3045 Johnson Road. Current Zoning:
AG Agricultural District. Requested Zoning: CS Community Service District. SPIN
Neighborhood #15. A presentation was not made on this item.
Motion was made to approve Ordinance No. 480 -538, 1 Reading, (ZA07 -121) Zoning
Change and Site Plan for Royal and Annie Smith Park, subject to Site Plan Review
Summary No. 3, dated November 12, 2007.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7D. Approve Liberty Park at Sheltonwood design. Deputy Director
Tribble presented this item to Council in conjunction with item 7B.
Council discussed this request.
Motion was made to approve Liberty Park at Sheltonwood design as presented.
Motion: Morris
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7E. Ordinance No. 480 -539, 1 Reading (ZA07 -122), Zoning Change
and Site Plan for Liberty Park at Sheltonwood on property legally described as Tract
1C01A and a portion of Tract 1A, J.W. Chivers Survey, Abstract No. 350 and located at
570 East Dove Road and 590 East Dove Road. Current Zoning: SF -1A Single Family
Residential District. Requested Zoning: CS Community Service District. SPIN
Neighborhood #3. A presentation was not made on this item.
Motion was made to approved Ordinance No. 480 -539, 1 Reading, (ZA07 -122) Zoning
Change and Site Plan for Liberty Park at Sheltonwood, granting the requested
variances and subject to Site Plan Review Summary No. 3, dated November 14, 2007.
Motion: Morris
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Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 9A. Approve Change Order No. 1 to the Construction Manager at
Risk contract with Lee Lewis Construction, Inc., in the amount of $1,925,913 for the
demolition of the existing DPS East facility and the civil work for the new DPS
Headquarters. Assistant City Manager /Director Blagg presented this item to Council.
Motion was made to approve Change Order No. 1 to the Construction Manager at Risk
contract with Lee Lewis Construction, Inc. in the amount of $1,925,913.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 9B. Consider SP07 -320, Variance to Sign Ordinance No. 704 -C for
Cristina's Fine Mexican Restaurant located at 2707 East Southlake Boulevard, Suite
100. Director Baker presented this item to Council. Applicants David Brian and Rueben
Vargas from Cristina's Fine Mexican Restaurant, 2707 East Southlake Boulevard #100,
Southlake, Texas answered Council's questions.
Council discussed this request.
Motion was made to approve SP07 -320, variance to Sign Ordinance No. 704 -C for
Cristina's Fine Mexican Restaurant, as presented.
Motion: Terrell
Second: Jones
Ayes: Jones, Morris, Terrell, Wambsganss
Nays: Hill, Muzyka
Approved: 4 -2
Agenda Item No. 9C. Consider SP07 -417, Amendment to the Gateway Plaza Phase II
Conditional Sign Permit for temporary signs for Weir's Furniture located at 210 North
Nolen Drive. Director Baker presented this item to Council. Applicant Emily Teufel from
Weir's Furniture answered Council's questions.
Council discussed this request.
Motion was made to deny SP07 -417, amendment to the Gateway Plaza Phase II
Conditional Sign Permit for Weir's Furniture.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
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Nays: None
Vote: 6 -0 (to deny)
Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at
9:08 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Andy Wambsganss
Mayor
ATTEST:
U2e
Tara Brooks
Deputy City Secretary
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