2009-01-06
CITY OF
lug SOUTHLAK-E
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 6. 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 5:38 p.m.) and Councilmembers
Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon Stansell (arrived at 5:44
P.M.).
CITY COUNCIL ABSENT: None.
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, Information
Systems Technician Vicky Roche, Interim Director of Community Services Chris Tribble,
Deputy Director of Community Services Kerry McGeath, Director of Economic
Development Greg Last, Economic Development Specialist Ashley Stathatos, Director
C of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Alternate
Municipal Judge Gary Lee Hach, Director of Human Resources Kevin Hugman, Director
of Planning and Development Services Ken Baker, Planner II Clayton Comstock, Chief
of Police Services Robert Finn, Deputy Chief of Fire Services Bryan Thomas, Director of
Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, 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 5:10 p.m.
Agenda Item No. 2. Invocation. Assistant City Manager Ben Thatcher gave the
invocation. Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 3. Subdivision Analysis Presentation. Planner Comstock presented
this item to Council. Council discussed this request and asked questions of staff.
Agenda Item No. 4. Bicentennial Park project. Interim Director Tribble presented this
item to Council. The Council discussed options regarding fencing and batting cages.
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Agenda Item No. 5. Discuss all items on tonight's meeting agenda. City Council
j reviewed the consent agenda items with city staff. The following agenda items were
added to the consent agenda: to table items 6B and 6C at the applicant's request, to
table items 6E and 6F at the applicant's request, and item 9A.
Mayor Wambsganss closed the work session at 5:47 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:47 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, and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 5:47 p.m.
Executive Session began at 6:15 p.m. and ended at 6:49 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:02 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. 3131. City Manager's Report - Fort Worth Star-Telegram editorial. City
Manager Yelverton presented this item to Council.
Agenda Item No. 3C1. Parks and Recreation Board Report - update of upcoming
meetings and events. John Slocum presented this item to Council.
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 December 16, 2008 regular City
Council meeting. The minutes were approved as presented.
Agenda Item No. 4B. Ordinance No. 951, 1St Reading Amend Chapter 2
"Administration." of the Southlake City Code as amended to establish the Department
of Information Technology to be headed by the Director of Information Technology A
presentation was not made on this item.
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Agenda Item No. 4C. Resolution No. 08-063 Authorize acquisition of right-of-way for a
30-inch water line adiacent to F.M. 1938. A presentation was not made on this item.
Council approved this item with the guidelines as discussed with staff in executive
session. 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,
RATIFYING ANY RIGHT-OF-WAY PURCHASES MADE TO DATE FOR THE F.M.
1938 PROJECT AND AUTHORIZING STAFF TO TAKE ALL APPROPRIATE ACTIONS
TO ACQUIRE REMAINING RIGHT-OF-WAY NECESSARY FOR THE
ACCOMPANYING IMPROVEMENTS INCLUDING A 30-INCH WATER LINE AND
SIDEWALK.
Agenda Item No. 4D. Approve deferral of construction of a sidewalk required on Lot 13,
Block 1, Stratfort Gardens located at 325 Edinburgh Court and allow funds to be
escrowed for the future construction. A presentation was not made on this item.
Agenda Item No. 4E. ZA07-144 Site Plan for Lot 1 Players Circle on property being
legally described as Lot 1, Block 1 Players Circle Addition and being located at 1901
West Southlake Boulevard. Current Zoning: C3 General Commercial District SPIN
Neighborhood #16. The applicant requested to table this item to the January 20, 2009
City Council meeting.
Agenda Item No. 6B. ZA08-080, Site Plan for Southlake Regional Medical Center on
property being legally described as the remainder of Block 1 Brightbill Addition and
being Tracts 3E1A, 3E1B and 3E1C Larkin H Chivers Survey Abstract No 300 The
property is located at 440 East Highland Street and 335 East State Highway 114
Current Zoning: S-P-2 Generalized Site Plan District SPIN Neighborhood #11 The
applicant requested to table this item to the January 20, 2009 City Council meeting.
Agenda Item No. 6C. ZA08-104 Plat Revision for Lots 1-5 Block 1 Southlake Regional
Medical Center being a replat of property currently described as the remainder of Block
1, Brightbill Addition, and being Tracts 3E1A 3E1B and 3E1C Larkin H Chivers
Survey, Abstract No. 300 and being located at 440 East Highland Street and 335 East
State Highway 114. Current Zoning: S-P-2 Generalized Site District SPIN
Neighborhood #11. The applicant requested to table this item to the January 20, 2009
City Council meeting.
Agenda Item No. 6E. Ordinance No. 480-578 2nd Readinq (ZA08-075) Zoning Chanqe
and Development Plan for Ridgeview at Southlake being Tracts 2A 2A1 2A5C and
2A6, W.R. Eaves Survey Abstract No. 500 and Tracts 1 and 1C Thomas J Thompson
Survey, Abstract No. 1502, and located at 505, 507, 511, 515, and 519 Davis
Boulevard. Current Zoning: AG Agricultural District S-P-1 Detailed Site Plan District
and SF-20A Single Family Residential District Proposed Zoning: TZD Transition Zoning
District. SPIN Neighborhood #16. The applicant requested to table this item to the
February 3, 2009 City Council meeting.
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Agenda Item No. 6F. ZA08-102 Preliminary Plat for Ridgeview at Southlake being
Tracts 2A, 2A1, 2A5C, and 2A6, W.R. Eaves Survey Abstract No 500 and Tracts 1 and
1 C, Thomas J. Thompson Survey Abstract No 1502, and located at 505, 507, 511
515, and 519 Davis Boulevard. Current Zoning: AG Agricultural District S-P-1 Detailed
Site Plan District, and SF-20A Single Family Residential District Proposed Zoning: TZD
Transition Zoning District. SPIN Neighborhood #16 The applicant requested to table
this item to the February 3, 2009 City Council meeting.
Agenda Item No. 9A. Award contract to Triple D Inc in the amount of $371,460, for the
replacement of three high pressure plane pumps at Southlake Pearson Pump Station
Director Price presented this item to Council during the work session.
Motion was made to approve consent agenda items 4A; 413; 4C with the guidelines as
discussed with staff in executive session; 413; 4E to table at the applicant's request to
the January 20, 2009 City Council meeting; 6B and 6C to table at the applicant's
request to the January 20, 2009 City Council meeting; 6E and 6F to table at the
applicant's request to the February 3, 2009 City Council meeting; and to approve 9A.
Motion: Muzyka
Second: Hill
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.
Lizzie Kemins, 605 West Highland Street, Southlake, Texas presented information for
her Girl Scout Cadette Silver Project for a proposed recycling program in Bob Jones
Park.
Mayor Wambsganss closed the public forum.
Agenda Item No. 6A. Ordinance No. 949, 2nd Reading Appoint an alternate municipal
ud e. Mayor Wambsganss introduced this item. Council reappointed Gary Lee Hach as
alternate municipal judge for a two year term beginning February 1, 2009. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE APPOINTING AN ALTERNATE MUNICIPAL JUDGE AND
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE
ALTERNATE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE.
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No one spoke during the public forum.
Motion was made to approve Ordinance No. 949, 2"d Reading, Appoint an alternate
municipal judge to reappoint Gary Lee Hach as alternate municipal judge for a two year
term beginning February 1, 2009.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6D. Ordinance 480-312a 2nd Reading (ZA08-100) Zoning Change
and Site Plan for Southlake Boulevard Presbyterian Church on property being described
as Lots 3 and 14, Block 6, Southridge Lakes Addition and being located at 1452 West
Southlake Boulevard and 1470 Corporate Circle Current Zoning: CS Community
Service District and C3 General Commercial District Requested Zoning: CS Community
Service District. SPIN Neighborhood #13. Mayor Wambsganss introduced this item. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE 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
14, BLOCK 6, SOUTHRIDGE LAKES ADDITION, BEING APPROXIMATELY 0.984
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"C3" GENERAL COMMERCIAL DISTRICT TO "CS" COMMUNITY SERVICE
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.
No one spoke during the public hearing.
Motion was made to approve Ordinance 480-312a, 2"d Reading (ZA08-100), Zoning
Change and Site Plan for Southlake Boulevard Presbyterian Church granting the
requested variances and subject to Site Plan Review Summary No. 4, dated December
9, 2008.
Motion: Stansell
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Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7A. Ordinance No. 952, 1St Reading Approve a ban of the use of
handheld wireless communication devices in active school zones. Chief Finn presented
this item to Council. Council asked questions of Chief Finn and discussed this request.
Mayor Wambsganss read a comment card from John Thane, 2600 South Quail Run
Court, Southlake, Texas that was in support.
Motion was made to approve Ordinance No. 952, 1St Reading, Approve a ban of the use
of handheld wireless communication devices in active school zones.
Motion: Hill
Second: Terrell
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 8A. Resolution No. 08-050 Adopt a policy which establishes an
economic incentive program encouraging connection in a timely manner to the city's
waste water system that has been constructed via the neighborhood sewer program
and/or a developer constructed project and providing for an effective date Director
Price presented this item to Council. Council asked Director Price questions and
discussed this request. 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
ADOPTING A POLICY WHICH ESTABLISHES AN ECONOMIC INCENTIVE
PROGRAM ENCOURAGING CONNECTION IN A TIMELY MANNER TO THE CITY'S
WASTE WATER SYSTEM THAT HAS BEEN CONSTRUCTED VIA THE
NEIGHBORHOOD SEWER PROGRAM AND/OR DEVELOPER CONSTRUCTED
PROJECT AND PROVIDING AN EFECTIVE DATE.
Motion was made to approve Resolution No. 08-050, Adopt a policy which establishes
an economic incentive program encouraging connection in a timely manner to the city's
waste water system that has been constructed via the neighborhood sewer program
and/or a developer constructed project and providing for an effective date as staff
presented.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
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Agenda Item No. 9B. Consider SP08-199 Conditional Sign Permit for East Southlake
#2 LTD located at 910 East Southlake Boulevard. Director Baker presented this item to
Council. Applicants Skip Blake of Blake Architects, Dr. Angelo Mendes and Dr. Mark
Mason answered Council's questions. Council discussed this request.
Motion was made to approve SP08-199, Conditional Sign Permit for East Southlake #2
LTD located at 910 East Southlake Boulevard noting applicant's agreement that the
letters and signs will be identical in look in terms of color and font to the signage on the
adjacent building; requiring a maximum letter height of 10-inches on one line or 8-
inches on two lines; requiring the rules and regulations to apply to all other signage on
the building; and otherwise, as presented.
Motion: Terrell
Second: Jones
Ayes: Jones, Muzyka, Terrell, Wambsganss
Nays: Hill, Muller, Stansell
Approved: 4-3
Agenda Item No. 9C. Consider SP08-268 Variance to Siqn Ordinance No 704-C for
Scooter's Chevron located at 2150 East State Highway 114 Director Baker presented
this item to Council. Applicant Tommy Bell, 4250 Action Drive, made a presentation and
answered Council's questions. Council discussed this request. After discussion, Mr. Bell
asked to table this item to allow time to further evaluate the proposal.
Motion was made to table SP08-268, Variance to Sign Ordinance No. 704-C for
Scooter's Chevron located at 2150 East State Highway 114 to the January 20, 2009
City Council meeting.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Tabled: 7-0
Agenda Item No. 9D. Consider SV08-001 Variance to Sign Ordinance No 704-C for
North Country Office Building located at 1050 East State Highway 114 Director Baker
presented this item to Council. Applicants Aaron Harris with Integrity Development and
Dan Vance with Pannatoni Construction answered Council's questions. Council
discussed this request.
Motion was made to approve SV08-001, Variance to Sign Ordinance No. 704-C for
North Country Office Building located at 1050 East State Highway 114 granting the
requested variances; noting the applicant's agreement that there will not be any tenant
signs on the taller monument sign with the only signage on that taller monument being
the North Country sign as shown in the exhibit; accepting the applicant's agreement to
limiting the building signs to two entrance signs; the applicant will provide and install the
Southlake logo on the taller of the monument signs with staff's review and approval of
look, the logo.
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Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
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, and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 8:53 p.m.
Executive Session began at 9:00 p.m. and ended at 9:48 p.m.
Mayor Wambsganss reconvened the regular meeting at 9:49 p.m. and asked if any
action was necessary from Executive Session. No action was necessary.
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
9:49 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Andy Wambsganss
Mayor
ATTEST:
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Lori Payne, TRMC i ~
City Secretary
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