2009-04-07 Regular CC Meeting
CITY OF
C SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: APRIL 7.2009
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:00 P.M.
1. Call to order.
2. Invocation: Betsy Godbold, Chaplain of the Month
3. Presentation by Judge Carol Montgomery regarding the City's participation in the
Statewide Warrant Round Up.
4. 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 city attorney
a. Seek advice from the city attorney regarding substandard
building issues.
2. Section 551.072: Deliberation reaardina_ real property
a. Discuss the potential purchase or lease of real property for
city facilities.
3. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 7, 2009
Page 2 of 7
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
2. Special recognition
B. City Manager's Report
1. Introduction of Chamber of Commerce Awards Banquet winners
2. Financial Report - Certificates of Obligation, Series 2009
C. Parks and Recreation Board 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 March 3, 2009 regular City Council meeting.
B. Resolution No. 09-002A, Amend Resolution No. 09-002 which called for a
General and Special Election to be held May 9, 2009 by approving an
agreement with the Tarrant County Elections Administrator.
C C. Resolution No. 09-016, Appoint a Clerk of the Court.
D. Resolution No. 09-006, Approve a business retention and expansion
strategic plan for the City of Southlake.
E. Approve a Community Events Participation Agreement with Southlake
Women's Club for the Art in the Square event.
F. Approve an amendment for design services on F.M. 1709 deceleration
lanes to the existing Professional Services Agreement with Transystems
Corporation in the amount of $7,735.00.
G. Ordinance No. 662-D, 1St Reading, Revise the Drought Contingency Plan.
(If approved at first reading, the public hearing will be held April 21, 2009.)
H. Ordinance No. 895-B, V t Reading, Revise the Water Conservation Plan.
(If approved at first reading, the public hearing will be held April 21, 2009.)
1. Approve an amendment to the Bicentennial Retail Plaza agreement.
J. ZA08-033, Final Plat Extension for Winfield Estates on property located at
1107 and 1155 East Dove Street and 2210 North Carroll Avenue. Current
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 7, 2009
Page 3 of 7
Zoning: R-PUD - Residential Planned Unit Development District. SPIN
Neighborhood #5. Request for extension to May 8, 2010.
K. ZA09-005, Plat Revision for Lot 11R, Block 1, The Lakes at La Paloma
being a replat of property currently described as Lot 11, Block 1, The
Lakes of La Paloma, located at 1104 La Paloma Court. Current Zoning:
SF-20A - Single Family Residential District. Requested Zoning: SF-20A -
Single Family Residential District. SPIN Neighborhood #9E.
L. Ordinance No. 480-579, 1St Reading (ZA08-062), Zoning Change and
Concept Plan for 520 South White Chapel Boulevard on property being
described as Tract 3E, Hiram Granberry Survey, Abstract No. 581 and
being located at 520 South White Chapel Boulevard. Current Zoning: AG
Agricultural District. Requested Zoning: SF-20A Single Family Residential
District. SPIN Neighborhood #14. THIS ITEM HAS BEEN TABLED TO
THE APRIL 21, 2009 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. 480-580, 2"d Reading (ZA08-066), Zoning Change and Site
Plan for Brad Moss Dental Office on property being described as Lot 2,
Block 1, Chivers Park Addition and a portion of Lot 3, Block 1, Chivers
Park Addition being located at 1210 North Carroll Avenue. Current Zoning:
01 - Office District and CS - Community Service District. Requested
Zoning: 01 - Office District. SPIN Neighborhood #5. PUBLIC HEARING
B. Resolution No. 09-017 (ZA08-115) Specific Use Permit for carports at
Brad Moss Dental Office on property being described as Lot 2, Block 1,
Chivers Park Addition and a portion of Lot 3, Block 1, Chivers Park
Addition being located at 1210 North Carroll Avenue. Current Zoning: 01 -
Office District and CS - Community Service District. Requested Zoning:
01 - Office District. SPIN Neighborhood #5. PUBLIC HEARING
C. Ordinance No. 480-338a, 2nd Reading (ZA08-116), Zoning Change and
Site Plan for Carroll Senior High School on property being described as
Lot 1 R, Block 1 R, Carroll High School Addition, being located at 1453 and
1501 West Southlake Boulevard and 301 South Peytonville Avenue.
Current Zoning: S-P-1 - Detailed Site Plan District. Requested Zoning: S-
P-1 - Detailed Site Plan District. SPIN Neighborhood #16. PUBLIC
HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 7, 2009
Page 4 of 7
D. ZA09-002, Site Plan for a log cabin at Bicentennial Park on property being
described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1,
113, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2,213, 2131, 3C, 3C1, 3C1 A, 3D, 3D1 A
and 3D6, L.B.G. Hall Survey, Abstract No. 686 and being located at 400
North White Chapel Boulevard, 300 and 450 West Southlake Boulevard
and 275-315 Shady Oaks Drive. Current Zoning: CS - Community Service
District. SPIN Neighborhood #10. PUBLIC HEARING
E. Resolution No. 09-018 (ZA09-006) Specific Use Permit for an accessory
building for the Tennis Complex at Bicentennial Park on property being
described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1,
113, I C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2,213, 2131, 3C, 3C1, 3C1 A, 3D, 3D 1 A
and 3D6, L.B.G. Hall Survey, Abstract No. 686, and being located at 400
North White Chapel Boulevard, 300 and 450 West Southlake Boulevard
and 275-315 Shady Oaks Drive. Current Zoning: CS - Community Service
District. Requested Zoning: CS - Community Service District. SPIN
Neighborhood #13. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 953, 1St Reading, Adopt Illicit Discharge Ordinance. (If
approved at first reading, the public hearing will be held April 21, 2009.)
B. Approve Ordinance No. 598-C and related exhibits, revising aspects of the
Southlake Program for the Involvement of Neighborhoods (SPIN) and
replacing Ordinance No. 598-B. (If approved at first reading, the public
hearing will be held April 21, 2009.)
8. Resolutions:
A. Resolution No. 09-013, Appoint a member to the Senior Advisory
Commission.
B. Resolution No. 09-019, Authorize the city attorney to bring condemnation
action for the purpose of obtaining a permanent public utility easement for
the purpose of construction and maintenance of a right turn deceleration
lane located at the Southlake Church, Lot 1 R1, Brock Addition, located at
2417 West Southlake Boulevard.
9. Other items for consideration:
A. Consider approving staff recommendation of overhead street lighting
selection for Kirkwood Boulevard, North Kimball Avenue and North White
Chapel Boulevard.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 7, 2009
Page 5 of 7
B. Consider SV09-005, Variance to Sign Ordinance No. 704-C for Bethel
Methodist Church located at 190 South White Chapel Boulevard.
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, April 3, 2009, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
Lori ayne, TRM
J .7 5 -Z*
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011.
Secretary
If you plan to attend this public iReehgg and h&vea disability that requires special needs, please
advise the City Secretary's OffiP.~48'*hr~..~fn advance at 817-748-8016 and reasonable 00
accommodations will be made to ass~lst-yow,"
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 7, 2009
Page 6 of 7
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. Michael Kenny vs. City of Southlake. April 2008.
3. Jayson Steele vs. City of Southlake. August 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
April 7, 2009
Page 7 of 7
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.
AV%
City of South/ake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
CITY OF
Oak
lug SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 7, 2009
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern John Terrell,
Deputy Mayor Pro Tern Gregory Jones (arrived at 5:20 p.m.) and Councilmembers
Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon Stansell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant to the City Manager Alison Orlowski, Community
Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Deputy
Director of Community Services Kerry McGeath, Recreation Superintendent Steve
Moore, Director of Economic Development Greg Last, Marketing and Tourism
Coordinator Jill Cherry, Director of Finance Sharen Jackson, Assistant Director of
Finance Sean Leonard, Municipal Court Judge Carol Montgomery, Municipal Court
Supervisor Leah Huff, Director of Human Resources Kevin Hugman, Director of
Information Systems Dale Dean, Information Systems Technician Vicky Roche, Director
of Planning and Development Services Ken Baker, Planner 11 Clayton Comstock,
Planner I Daniel Cortez, Chief Building Official Paul Ward, Chief of Police Services
Robert Finn, Lieutenant Ben Brown, Warrant Officer Jeff Paul, Chief of Fire Services
Mike Starr, Director of Public Works Robert H. Price, Deputy Director of Public Works
Gordon Mayer, Public Works Operations Manager Chuck Kendrick, Civil Engineer
Cheryl Taylor, Civil Engineer Michael James, Environmental Coordinator Christi Upton,
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 5:09 p.m.
Agenda Item No. 2. Invocation. Judy Hunt from Whites Chapel United Methodist Church
gave the invocation. Mayor Wambsganss led the pledge of allegiance.
Agenda Item No 3 Presentation by Judge Carol Montgomery regarding the City's
participation in the Statewide Warrant Round Up. Judge Montgomery presented this
item to Council.
C
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009
Page 1 of 10
Agenda Item No. 4. Discuss all items on tonight's meeting agenda. City Council
reviewed the consent agenda items with city staff. The following items were added to
the consent agenda: item 8A to appoint Patricia Burnett and items 8B and 9B.
Mayor Wambsganss closed the work session at 5:31 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:31 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council
would be going into Executive Session pursuant to the Texas Government Code
Section 551.071, seek advice from the city attorney; Section 551.072, deliberation
regarding real property; and Section 551.087, deliberation regarding economic
development negotiations. City Council adjourned for Executive Session at 5:31 p.m.
Executive Session began at 5:54 p.m. and ended at 6:35 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 6:47 p.m. and asked if any action was necessary from Executive Session. No action
was necessary.
Agenda Item No. W. Mayor's Report - update of upcoming meetings and events.
Mayor Wambsganss announced upcoming meetings and events.
Agenda Item No. 3A2. Mayor's Report - special recognition. This recognition was made
later in the meeting.
Agenda Item No. 3131. City Manager's Report - introduction of Chamber of Commerce
Awards Banquet winners. City Manager Yelverton asked Director Last to come forward
for this item. Director Last introduced Chamber of Commerce President Giovanna
Phillips who presented the list of winners from the awards banquet.
Agenda Item No. 3132. City Manager's Report - financial report, Certificates of
Obligation, Series 2009. Director Jackson presented this item to Council and answered
their questions.
Agenda Item No. 3A2. Mayor's Report - special recognition. Mayor Wambsganss
presented a certificate of appreciation to Cindy Robinson for her volunteer efforts with
the Southlake DPS Citizen's Association (SDCA) and the photographs she provided for
an exhibit in the library, "Southlake DPS In Action," which honors the men and women
of the Southlake Department of Public Safety. Councilmember Muller thanked Ms.
Robinson for her volunteerism.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009
Page 2 of 10
® Agenda Item No. 3C. Parks and Recreation Board Report. Park Board Member Emily
Galpin updated Council on upcoming events and meetings.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. Mayor Wambsganss read the items into the
record.
Agenda Item No. 4A. Approve minutes from the March 3, 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B. Resolution No. 09-002A, Amend Resolution No. 09-002 which
called for a General and Special Election to be held May 9, 2009 by approving an
agreement with the Tarrant County Elections Administrator. A presentation was not
made on this item. In accordance with Section 4.21 of the City Charter, the caption for
this item is listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AMENDING RESOLUTION
NO. 09-002 WHICH CALLED FOR A GENERAL AND SPECIAL ELECTION
PURSUANT TO THE TEXAS ELECTION CODE TO BE HELD ON MAY 9, 2009 BY
APPROVING AN AGREEMENT FOR ELECTION SERVICES WITH TARRANT
COUNTY; AND PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 4C. Resolution No. 09-016, Appoint a Clerk of the Court. A
presentation was not made on this item. Council appointed Leah Huff as the Clerk of the
Court. 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,
APPOINTING A MUNICIPAL COURT CLERK AND PROVIDING AN EFFECTIVE DATE
Agenda Item No. 4D. Resolution No. 09-006, Approve a business retention and
expansion strategic plan for the City of Southlake. A presentation was not made on this
item. In accordance with Section 4.21 of the City Charter, the caption for this item is
listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING A BUSINESS
RETENTION AND EXPANSION STRATEGIC PLAN FOR THE CITY OF SOUTHLAKE;
AND PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 4E. Approve a Community Events Participation Agreement with
Southlake Women's Club for the Art in the Square event. A presentation was not made
on this item.
Agenda Item No. 4F. Approve an amendment for design services on F.M. 1709
deceleration lanes to the existing Professional Services Agreement with Transystems
Corporation in the amount of $7,735.00. A presentation was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009
Page 3 of 10
Agenda Item No. 4G. Ordinance No. 662-D, 1St Reading, Revise the Drought
Contingency Plan. A presentation was not made on this item.
Agenda Item No. 4H. Ordinance No. 895-B, 1St Reading, Revise the Water
Conservation Plan. A presentation was not made on this item.
Agenda Item No. 41. Approve an amendment to the Bicentennial Retail Plaza
agreement. A presentation was not made on this item.
Agenda Item No. 4J. ZA08-033, Final Plat Extension for Winfield Estates on property
located at 1107 and 1155 East Dove Street and 2210 North Carroll Avenue. Current
Zoning: R-PUD - Residential Planned Unit Development District. SPIN Neighborhood
#5. Request for extension to May 8, 2010. A presentation was not made on this item.
Agenda Item No. 4K. ZA09-005, Plat Revision for Lot 11 R, Block 1, The Lakes at La
Paloma being a replat of property currently described as Lot 11, Block 1, The Lakes of
La Paloma, located at 1104 La Paloma Court. Current Zoning: SF-20A - Single Family
Residential District. Requested Zoning: SF-20A - Single Family Residential District.
SPIN Neighborhood #9E. A presentation was not made on this item.
Agenda Item No. 4L. Ordinance No. 480-579, 1St Reading (ZA08-062), Zoning Change
and Concept Plan for 520 South White Chapel Boulevard on property being described
as Tract 3E, Hiram Granberry Survey, Abstract No. 581 and being located at 520 South
White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning.
SF-20A Single Family Residential District. SPIN Neighborhood #14. This item was
tabled to the April 21, 2009 City Council meeting
Agenda Item No. 8A. Resolution No. 09-013, Appoint a member to the Senior Advisory
Commission. A presentation was not made on this item. Council appointed Patricia
Burnett to Place 2 with a term ending May 2010. 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,
APPOINTING A MEMBER TO THE SENIOR ADVISORY COMMISSION AND
PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 8B. Resolution No. 09-019, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a permanent public utility easement
for the purpose of construction and maintenance of a right turn deceleration lane
located at the Southlake Church, Lot 1 R1, Brock Addition, located at 2417 West
Southlake Boulevard. A presentation was not made on this item. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009
Page 4of10
OBTAINING A PUBLIC UTILITY EASEMENT FOR THE PURPOSE OF
CONSTRUCTION AND MAINTENANCE OF A RIGHT TURN DECELERATION LANE
OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW.
Agenda Item No. 9B. Consider SV09-005 Variance to Sign Ordinance No. 704-C for
Bethel Methodist Church located at 190 South White Chapel Boulevard. A presentation
was not made on this item.
Motion was made to approve consent agenda items 4A; 413; 4C to appoint Leah Huff as
the Clerk of the Court; 4D; 4E; 417; 4G; 41-1; 41; 4J; 4K subject to Plat Review Summary
No. 3, dated April 1, 2009; to table item 4L to the April 21, 2009 City Council meeting;
8A to appoint Patricia Burnett to Place 2 with a term ending May 2010; 813; and 9B to
extend the current sign approval to April 2010.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Wambsganss opened the public forum. No
one spoke during public forum.
The applicant was not present for items 6A and 6B so Mayor Wambsganss moved
consideration of those items to later in the meeting.
Agenda Item No. 6C. Ordinance No. 480-338a, 2"d Reading (ZA08-116), Zoning
Change and Site Plan for Carroll Senior High School on property being described as Lot
1 R Block 1 R Carroll High School Addition, being located at 1453 and 1501 West
Southlake Boulevard and 301 South Peytonville Avenue. Current Zoning: S-P-1 -
Detailed Site Plan District. Requested Zoning: S-P-1 - Detailed Site Plan District. SPIN
Neighborhood #16. Director Baker presented this item to Council. Assistant
Superintendent of Carroll Independent School District Dr. Derek Citty and civil engineer
John Blacker 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 LOT
1R, BLOCK 1R, CARROLL HIGH SCHOOL ADDITION, SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 55 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN
DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES TO "S-P-1"
DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT
frrrUSES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009
Page 5 of 10
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.
For the record, Mayor Wambsganss suggested that in the future once the sidewalk is
installed along the west property line that a permanent retaining wall of brick or rock
with mortar be installed in lieu of the current materials.
Motion was made to approve Ordinance No. 480-338a, 2nd Reading (ZA08-116), Zoning
Change and Site Plan for Carroll Senior High School subject to approval of the
requested variances; subject to the recommendations of the Planning and Zoning
Commission; subject to Site Plan Review Summary No. 3, dated February 12, 2009;
and subject to the landscaping plan as previously presented.
Motion: Stansell
Second: Jones
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6D. ZA09-002 Site Plan for a loci cabin at Bicentennial Park on
property being described as Lot 2R2 L.B.G. Hall No. 686 Addition and being Tracts 1,
1131C1 1C2 1C3 1E 2A 2A1, 2A2, 2B, 2131, 3C, 3C1, 3C1A, 3D, 3D1A and 3D6,
L.B.G. Hall Survey Abstract No. 686 and being located at 400 North White Chapel
Boulevard 300 and 450 West Southlake Boulevard and 275-315 Shady Oaks Drive.
Current Zoning: CS - Community Service District. SPIN Neighborhood #10. Director
Baker presented this item to Council. City Manager Yelverton and Directors Price and
Tribble answered Council's questions.
Council discussed this item.
No one spoke during the public hearing.
Motion was made to approve ZA09-002, Site Plan for a log cabin at Bicentennial Park
subject to Site Plan Review Summary No. 1, dated February 13, 2009 and subject to
the City Manager's recommendation that a funding source be identified at a later date.
Motion: Stansell
Second: Hill
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009
Page 6 of 10
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
AVON, Nays: None
Approved: 7-0
The Council considered items 6A and 6B next.
Agenda Item No. 6A. Ordinance No. 480-580, 2nd Reading (ZA08-066), Zoning Change
and Site Plan for Brad Moss Dental Office on property being described as Lot 2, Block
1, Chivers Park Addition and a portion of Lot 3, Block 1, Chivers Park Addition being
located at 1210 North Carroll Avenue. Current Zoning: 01 - Office District and CS -
Community Service District. Requested Zoning: 01 - Office District. SPIN Neighborhood
#5. Planner Comstock presented this item to Council in conjunction with item 6B.
Applicant Skip Blake of Blake Architects 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 DESCRIBED AS A PORTION OF
LOT 3, BLOCK 1, CHIVERS PARK ADDITION, SOUTHLAKE, TARRANT COUNTY,
TEXAS, BEING APPROXIMATELY 0.39 ACRES AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM ""CS" COMMUNITY SERVICE
DISTRICT TO "01" OFFICE DISTRICT, 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.
Council discussed this item.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-580, 2"d Reading (ZA08-066), Zoning
Change and Site Plan for Brad Moss Dental Office subject to the recommendations of
the Planning and Zoning Commission, subject to Site Plan Review Summary No. 4,
dated February 13, 2009 and granting the requested variances.
Motion: Stansell
Second: Muller
Ayes: Hill, Jones; Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
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Page 7 of 10
Approved: 7-0
Agenda Item No. 6B. Resolution No. 09-017 (ZA08-115) Specific Use Permit for
carports at Brad Moss Dental Office on property being described as Lot 2, Block 1,
Chivers Park Addition and a portion of Lot 3, Block 1, Chivers Park Addition being
located at 1210 North Carroll Avenue. Current Zoning: 01 - Office District and CS -
Community Service District. Requested Zoning: 01 - Office District. SPIN
Neighborhood #5. Planner Comstock presented this item to Council in conjunction with
item 6A. Applicant Skip Blake of Blake Architects 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 A CARPORT ON NON-RESIDENTIAL
PROPERTY ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED
AT 1210 N. CARROLL AVENUE, BEING LEGALLY DESCRIBED AS LOT 2, AND A
PORTION OF LOT 3, BLOCK 1, CHIVERS PARK 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.
OWN
Motion was made to approve Resolution No. 09-017 (ZA08-115) Specific Use Permit for
carports at Brad Moss Dental Office subject to Specific Use Permit Review Summary
No. 2, dated February 13, 2009 and subject to the applicant's presentation tonight.
Motion: Stansell
Second: Jones
Ayes: Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: Hill
Approved: 6-1
Mayor Pro Tem Terrell was out of the room for the next item.
Agenda Item No. 6E. Resolution No. 09-018 (ZA09-006) Specific Use Permit for an
accessory building for the Tennis Complex at Bicentennial Park on property being
described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 1B, 1C1, 1C2,
1C3 1E, 2A, 2A1, 2A2, 2B, 2131, 3C, 3C1, 3C1A, 3D, 3D1A and 3D6, L.B.G. Hall
Survey, Abstract No. 686, and being located at 400 North White Chapel Boulevard, 300
and 450 West Southlake Boulevard and 275-315 Shady Oaks Drive. Current Zoning:
CS - Community Service District. Requested Zoning: CS - Community Service District.
SPIN Neighborhood #13. Director Baker presented this item to Council. Director Tribble
answered Council's questions. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009
Page 8 of 10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR AN ACCESSORY BUILDING ON NOW
RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, ON
PROPERTY BEING DESCRIBED AS LOT 2R2, L.B.G. HALL NO. 686 ADDITION AND
BEING TRACTS 1, 1B, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2, 213, 2131, 3C, 3C1, 3C1A, 3D,
3131A AND 3D6 IN THE L.B.G. HALL SURVEY ABSTRACT NO. 686 AND BEING
LOCATED AT 400 N. WHITE CHAPEL BLVD., 300 AND 450 W. SOUTHLAKE
BOULEVARD AND 275-315 SHADY OAKS DRIVE, SOUTHLAKE, TEXAS. 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.
Council discussed this item.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 09-018 (ZA09-006) Specific Use Permit for
an accessory building for the Tennis Complex at Bicentennial Park subject to Specific
Site Plan Review Summary No. 1, dated February 27, 2009 and denying the requested
variance.
Motion: Stansell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6-0
Mayor Pro Tern Terrell returned to the meeting during the next item.
Agenda Item No 7A. Ordinance No. 953, 1St Reading, Adopt Illicit Discharge Ordinance.
Director Price presented this item to Council and answered their questions. Council
discussed this item.
Motion was made to approve Ordinance No. 953, 1St Reading, Adopt Illicit Discharge
Ordinance pursuant to the presentation made by staff.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No 713 Approve Ordinance No. 598-C and related exhibits, revising
aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) and
replacing Ordinance No. 598-B. Assistant to the City Manager Ortowski and Planner
Comstock jointly presented this item to Council and answered Council's questions.
Council discussed this item.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009
Page 9 of 10
irr+••r-
Motion was made to approve Ordinance No. 598-C and related exhibits, revising
aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN),
replacing Ordinance No. 598-B and subject to the comments directed to staff this
evening.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Councilmember Hill had to leave the meeting during consideration of the last item.
Agenda Item No 9A Consider approving staff recommendation of overhead street
lighting selection for Kirkwood Boulevard North Kimball Avenue and North White
Chapel Boulevard. Engineer James presented this item to Council and answered
Council's questions. Director Price also answered Council's questions. Council
discussed this item.
Motion was made to approve staff recommendation of overhead street lighting selection
for Kirkwood Boulevard, North Kimball Avenue and North White Chapel Boulevard
Motion: Terrell
Second: Muzyka
Ayes: Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
8:56 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Andy Wam ganss
Mayor
ATTEST: ;:~~""~-a• ads'.
Lori Payne, TRMC
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009
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