2008-03-18 Regular CC Meeting
CITY OF
lug SOUTHLAK.E
TEXAS
REGULAR CITY COUNCIL MEETING: MARCH 18, 2008
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:00 P.M.
1. Call to order.
2. Invocation: David Whitington, Chaplain of the Month
3. Recognition of Southlake Chamber of Commerce annual award recipients
4. Discuss underground utilities for roundabouts.
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 subject matter of
this City Council meeting.
1. Section 551.071: Consultation with attorney
a. Seek advice from city attorney related to storm water
management issues.
b. Seek advice of the city attorney regarding TIRZ
reimbursement.
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
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 18, 2008
Page 2 of 6
B. City Manager's Report
C. Financial Report
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 27, 2008 City Council work session
and from the March 4, 2008, regular City Council meeting.
B. Approve SPDC matching funds request from Southlake Historical Society
in the amount of $2,500 for the addition of a back porch on the log cabin.
C. Approve a professional services agreement with McNally & Associates for
Southlake Department of Public Safety independent review.
D. Approve a professional services agreement with Cheatham and
Associates in the amount of $118,710 for the design of the neighborhood
sewer project in Heatherwood Estates, Royal Oaks Addition and Twin
Creeks Addition.
E. Approve a professional services agreement with RJN Group, Inc., in the
amount of $342,947 for phase 1 of the sanitary sewer evaluation study.
F. Resolution No. 08-011A, Approve an amendment to TxDOT municipal
maintenance agreement for the furnishing, installing, operation and
maintenance of cameras on state highway rights-of-way to monitor
compliance with traffic-control signals.
G. Resolution No. 08-009A, Amend Resolution No. 08-009, changing the
election day polling location from Carroll High School to Southlake Town
Hall for the May 10, 2008 General Election and the May 10, 2008 Special
Election.
H. ZA07-158, Site Plan for Stratfort Gardens Office Park on property being
legally described as Tract 3A, H. Granberry Survey, Abstract No. 581 and
located at 425 West Southlake Boulevard. Current Zoning: C2 Local Retail
Commercial. SPIN Neighborhood #14. THIS ITEM IS TABLED TO THE
APRIL 15, 2008 REGULAR CITY COUNCIL MEETING.
1. Ordinance No. 480-552, 1St Reading (ZA07-162), Zoning Change and
Concept Plan for Lots 9-12, J. Childress No. 254 Addition on property
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 18, 2008
Page 3 of 6
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. THIS ITEM IS TABLED TO THE APRIL
1, 2008 REGULAR CITY COUNCIL MEETING.
J. Ordinance No. 480-553, 2nd 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. THIS ITEM IS TABLED AT THE APPLICANT'S REQUEST TO THE
APRIL 1, 2008 REGULAR CITY COUNCIL MEETING.
K. ZA08-003, Preliminary Plat for Lots 1 and 2, Block 1, Nolen Center on
property being legally described as Tract 2A2A, Thomas Easter Survey,
Abstract No. 474 and located at 2627 East Southlake Boulevard. Current
Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS ITEM IS
TABLED AT THE APPLICANT'S REQUEST TO THE APRIL 1, 2008
REGULAR 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. 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
B. 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
C. Ordinance No. 480-542, 2nd 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. PUBLIC
HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 18, 2008
Page 4 of 6
D. Ordinance No. 480-554, 2nd 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. PUBLIC
HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 483-M, 1St Reading, Amending Section 7.058 of Article VII
of the Southlake Subdivision Ordinance; providing an incentive to
developers seeking to improve existing park facilities. (If approved on first
reading, the public hearing will be held on April 1, 2008.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration: (There are no items on this agenda.)
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, March 14, 2008, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551:.
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If you plan to attend this public meeting and Nvoialid lability that requires special
needs, please advise the City Secretary'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 18, 2008
Page 5 of 6
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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 18, 2008
Page 6 of 6
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
U 9 CITY OF
SOUTHLAK,E
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: MARCH 18, 2008
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris
Deputy Mayor Pro Tern Virginia M. Muzyka, and Councilmembers Laura K. Hill (arrived
at 5:16 p.m.), Gregory Jones (arrived at 6:30 p.m.), Vernon Stansell (arrived at 5:41
p.m.) and John Terrell.
CITY COUNCIL ABSENT: None
STAFF PRESENT: 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, Information Systems Technician Sam Cobb,
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, Director of
Human Resources Kevin Hugman, Chief of Fire Services Robert Finn, Chief of Police
Services Wade Goolsby, Director of Planning and Development Services Ken Baker,
Chief Building Official Paul Ward, Planner Clayton Comstock, Director of Public Works
Robert H. Price, Deputy Director of Public Works Gordon Mayer, Public Works
Operations Manager Chuck Kendrick, Civil Engineer Cheryl Taylor, City Attorney E.
Allen Taylor and Deputy City Secretary Tara Brooks
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor
Wambsganss at 5:09 p.m.
Agenda Item No. 2. Invocation: Director Baker gave the invocation. Mayor Wambsganss
lead the pledge of allegiance.
Agenda Item No. 3. Recognition of Southlake Chamber of Commerce annual award
recipients. Director Last introduced the president of the Southlake Chamber of
Commerce, Giovanna Phillips, who introduced the award recipients: Brian Zvonocek,
Central Market, Felicia Cyphers, Gary Blagg, Jill Clifton, Carita Weaver, Michael Burns,
Jason Linda, Cassandra Shankman, and Laura Hill. Mayor Wambsganss and Council
congratulated the winners.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008
Page 1 of 8
Agenda Item No. 4. Discuss underground utilities for roundabouts. Deputy Director
Mayer presented this item to Council and answered their questions. Council discussed
the various options.
Aqenda Item No. 5. Discuss all items on tonight's meeting agenda. City Council
reviewed the agenda items with city staff. Council added item 7A to the consent
agenda.
Mayor Wambsganss closed the work session at 6:07 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:07 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
6:08 p.m. Executive Session began at 6:20 p.m. and ended at 7:03 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:12 p.m. and asked if any action was necessary from Executive Session. No action
was necessary.
Aqenda Item No. 3A. Mayor's Report. Mayor Wambsganss announced upcoming
meetings and events. Mayor Pro Tern Morris announced upcoming events for the Bob
Jones Nature Center Grand Opening in April. Councilmember Terrell invited everyone
to the Southlake Sister Cities Farewell Party, as it will also mark the retirement of Seiko
Sasaki from Sister Cities for Tome, Japan.
Agenda Item No. 3B. City Manager's Report. There was no report given.
Agenda Item No. 3C. Financial 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 27, 2008 City Council work
session and from the March 4, 2008, regular City Council meeting. A presentation was
not made on this item.
Agenda Item No. 4B. Approve SPDC matching funds request from Southlake Historical
Society in the amount of $2,500 for the addition of a back porch on the log cabin. A
presentation was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008
Page 2 of 8
Agenda Item No. 4C. Approve a professional services agreement with McNally &
Associates for Southlake Department of Public Safety independent review. A
presentation was not made on this item.
Agenda Item No. 4D. Approve a professional services agreement with Cheatham and
Associates in the amount of $118,710 for the design of the neighborhood sewer project
in Heatherwood Estates Royal Oaks Addition and Twin Creeks Addition. A
presentation was not made on this item.
Agenda Item No. 4E. Approve a professional services agreement with RJN Group, Inc.,
in the amount of $342,947 for phase 1 of the sanitary sewer evaluation study. A
presentation was not made on this item.
Agenda Item No. 4F. Resolution No. 08-011A, Approve an amendment to TxDOT
municipal maintenance agreement for the furnishing, installing, operation and
maintenance of cameras on state highway rights-of-way to monitor compliance with
traffic-control signals. Director Price presented this item to Council during the work
session. Director Price and Assistant City Manager Blagg answered Council's
questions.
Agenda Item No. 4G. Resolution No. 08-009A, Amend Resolution No. 08-009,
changing the election day polling location from Carroll High School to Southlake Town
Hall for the May 10, 2008 General Election and the May 10, 2008 Special Election. A
presentation was not made on this item.
Agenda Item No. 4H. ZA07-158, Site Plan for Stratfort Gardens Office Park on property
being legally described as Tract 3A, H. Granberry Survey, Abstract No. 581 and located
at 425 West Southlake Boulevard. Current Zoning: C2 Local Retail Commercial. SPIN
Neighborhood #14. This item was tabled to the April 15, 2008 Regular City Council
meeting.
Agenda Item No. 41. 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. This item was tabled to the
April 1, 2008 Regular City Council meeting.
Agenda Item No. 4J. Ordinance No. 480-553, 2nd 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 V. This item was tabled to the April 1, 2008
Regular City Council meeting.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008
Page 3 of 8
Agenda Item No. 4K. ZA08-003, Preliminary Plat for Lots 1 and 2, Block 1, Nolen
Center on property being legally described as Tract 2A2A, Thomas Easter Survey,
Abstract No. 474 and located at 2627 East Southlake Boulevard. Current Zoning: AG
Agricultural District. SPIN Neighborhood V. This item was tabled to the April 1, 2008
Regular City Council meeting.
Agenda Item No. 7A. Ordinance No. 483-M, 1St Reading, Amending Section 7.05B of
Article VII of the Southlake Subdivision Ordinance; providing an incentive to developers
seeking to improve existing park facilities. Director Polasek answered Council's
questions during the work session.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; to
table item 4H at the applicant's request to the April 15, 2008, City Council meeting; 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; and
item 7A.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA
Agenda Item No. 5. Public Forum. No one spoke during public forum.
Agenda Item No. 6A. ZA07-157, Site Plan for Southlake Wellness Center on propert
y
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 in conjunction
with item 6B. Skip Blake from Blake Architects, 1202 South White Chapel Boulevard,
Southlake, Texas reviewed this item and answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA07-157, Site Plan for Southlake Wellness Center,
subject to Site Plan Review Summary No. 4, dated February 15, 2008, with the
understanding the applicant has agreed to add stone around the lower portion of the
building that faces to the south, in the area where the carport is, on the wall that will be
facing where the cars actually park.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008
Page 4 of 8
Agenda Item No. 6B. 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 in conjunction with item 6A. Skip Blake from Blake
Architects, 1202 South White Chapel Boulevard, 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:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR CARPORTS FOR NON-RESIDENTIAL
PROPERTY ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED
AT 415 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 18,
O.W. KNIGHT NO. 899 ADDITION, MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN
EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 08-012, (ZA08-010) subject to Site Plan
Review Summary No. 4, dated February 15, 2008.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Councilmember Jones recused himself from item 6C and left the Council Chambers.
Agenda Item No. 6C. Ordinance No. 480-542, 2nd 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 and answered
their questions. Applicant, Skip Blake with Blake Architects, 1202 South White Chapel
Boulevard reviewed this item and answered Council's questions. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS
TRACT 3, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 687, AND
BEING APPROXIMATELY 2.887 ACRES, AND MORE FULLY AND COMPLETELY
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008
Page 5 of 8
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-1"
DETAILED SITE PLAN DISTRICT WITH "0-1" 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.
Todd Weber, 823 Pearl Drive, Southlake, Texas discussed the fencing with Council.
Greg Miller, 915B Emerald Boulevard, Southlake, Texas, asked that buildings 2, 3 and 4
be only one story, but if they have an attic, he requested all windows face south.
Mayor Wambsganss closed the public hearing.
Council discussed the fencing and covered parking.
Motion was made to approve Ordinance No. 480-542, 2nd Reading (ZA07-129), Zoning
Change and Site Plan for Southlake Villa Offices; requiring all fencing and required
bufferyards shall be installed subject to the landscape plan, as submitted and presented
this evening, prior to the issuance of a certificate of occupancy; requiring the water
retention feature in the southwest corner of the site shall be constructed, operational
and meet city approval, prior to the issuance of a certificate of occupancy for the first
building; requiring the fencing on the east and west side of the property will be built prior
to the issuance of a certificate of occupancy; requiring the cost of the fencing on the
west side of the property extending north from the property edge to Emerald to be
escrowed for the use of the homeowner to install a fence; requiring all windows on
buildings two, three and four that are above the main level of the structures to face
south; permitting the fifteen covered parking spaces with nine on the east side (labeled
as parking spaces 17-25) and six located on the north side; requiring that all parking
spaces on the east side will be completely shielded from F.M. 1709 with utilization of
clusters of Nellie R. Stevens, subject to the landscape plan; subject to Site Plan Review
Summary No. 6, dated March 12, 2008, and granting the requested variances.
Motion: Stansell
Second: Morris
Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008
Page 6 of 8
Approved: 6-0
Councilmember Jones returned to the meeting.
Agenda Item No. 6D. Ordinance No. 480-554, 2nd 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 to
Council. Applicant, Edwin Mannhart, 905 Emerald Boulevard, 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 LOTS
4, BLOCK A, COMMERCE BUSINESS PARK; AND BEING APPROXIMATELY 1.8
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
1-1" LIGHT INDUSTRIAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT
WITH 14' LIGHT INDUSTRIAL USES AND TO INCLUDE LIMITED RETAIL 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.
Council discussed the sidewalk with Mr. Mannhart and staff.
Motion was made to approve Ordinance No. 480-554, 2nd Reading (ZA08-011), Zoning
Change and Site Plan for Lot 4, Block A, Commerce Business Park, subject to
applicant's willingness to build the five foot sidewalk prior to issuance of the certificate of
occupancy; noting that council is not approving any signage at this time, and all signage
requests will need to be brought back to council at a later date; subject to Planning and
Zoning Commission's recommendation; and subject to Site Plan Review Summary No.
3, dated March 12, 2008.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008
Page 7 of 8
Nays: None
Approved: 7-0
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
8:23 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Andy Wambsganss
Mayor
ATTEST:
Uw n
Tara Brooks
Deputy City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008
Page 8 of 8
a
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
OUNTY OF TARRANT §
I as a member of the ~c /•L~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: ltd
COMPLETE (A) or (B): (A) The business entity is (name); or
(B) The real property is located at: 'Z,~> IQ 4S. ~Q( }SIC -~~r~J
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
b iness 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 address d or as soon as practicable once I realized potential conflict exists.
Signed this day of , 2
Sig O 1
'he State of Texas §
County of Tarrant § \
Before me, on this day personally appeared
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 ,
(SEAL)
Notary Public in and for the State of Texas