2009-05-19CITY OF
G SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: MAY 19, 2009
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor-Elect John Terrell,
Deputy Mayor Pro Tern Gregory Jones and Councilmembers Laura K. Hill, Pamela
Muller, Virginia M. Muzyka, and Vernon Stansell and Councilmembers-Elect Brandon
Bledsoe and Carolyn Morris.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Community Relations
Officer Pilar Schank, Director of Community Services Chris Tribble, Interim Director of
Community Services Alison Orlowski, Construction Manager Peter Kao, Director of
Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant
Director of Finance Sean Leonard, Municipal Court Judge Carol Montgomery, Director
of Human Resources Kevin Hugman, Director of Information Technology Dale Dean,
Information Technology Technician Vicky Roche, Director of Planning and Development
Services Ken Baker, Deputy Director of Planning and Development Services Dennis
Killough, Planner II Clayton Comstock, Planner I Daniel Cortez, Administrative
Secretary Stephanie Breitbarth, Chief of Police Services Robert Finn, Chief of Fire
Services Mike Starr, Director of Public Works Robert H. Price, Deputy Director of Public
Works Gordon Mayer, City Attorney E. Allen Taylor, City Secretary Lori Payne, Deputy
City Secretary Tara Brooks, and Office Assistant Brandi Harris.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor
Wambsganss at 5:12 p.m.
Agenda Item No. 2. Invocation. Chaplain of the month Linda Pallone gave the
invocation. Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 3. Resolution No. 09-022, Canvass the returns and declare the results
of the General and Special Elections held on May 9, 2009. Mayor Wambsganss read
the resolution into the record. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
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REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009
Page 1 of 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
CANVASSING THE GENERAL AND SPECIAL ELECTIONS HELD ON MAY 9, 2009;
DECLARING THE RESULTS OF GENERAL AND SPECIAL ELECTIONS; AND
PROVIDING AN EFFECTIVE DATE.
The votes were called by City Secretary Payne and Resolution No. 09-022 was
approved by the City Council declaring John Terrell elected as Mayor, Carolyn Morris
elected to Place 2, and Brandon Bledsoe elected to Place 3.
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 4. Special recognition for City Councilmember Vernon Stansell. Mayor
Wambsganss presented Councilmember Stansell with a plaque in recognition of his
service to the City. Each Councilmember was given the opportunity to address
Councilmember Stansell. City Manager Yelverton made a presentation on behalf of City
staff. Councilmember Stansell thanked the City for the opportunity to serve.
Agenda Item No. 5. Oaths of Office for Mayor, Place 2 and Place 3 and reception
following. Judge Montgomery gave the Oaths of Office for Brandon Bledsoe, Carolyn
Morris and John Terrell.
Mayor Terrell presented Mayor Wambsganss with an engraved gavel and thanked him
for his service.
Mitzi Long from the office of State Representative Vicki Truitt presented a flag to Mayor
Wambsganss that flew over the Texas Capital in his honor.
Mayor Wambsganss presented Mayor Terrell with a City of Southlake Mayor lapel pin.
Mayor Terrell invited everyone to the foyer for a reception.
The reception began at 5:35 p.m. Mayor Terrell reconvened the meeting at 6:13 p.m.
Agenda Item No. 4. Discuss all items on tonight's meeting agenda. Council reviewed
the consent agenda items.
Mayor Terrell closed the work session at 6:15 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Terrell at 6:15 p.m.
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REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009
Page 2 of 7
Agenda Item No. 2A. Executive Session. Mayor Terrell 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 6:15 p.m.
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Executive Session began at 6:30 p.m. and ended at 7:35 p.m. Deputy Mayor Pro Tern
Jones left the meeting at 6:32 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:40
p.m. and asked if any action was necessary from Executive Session. Councilmember
Muzyka asked City Attorney Taylor to restate the motion that was discussed in
Executive Session regarding the red light cameras.
Motion was made to authorize the Mayor to sign an extension of the existing Red Flex
contract which provides the red light camera system for the City of Southlake for an
extended term of fifteen years from today's date under the existing terms, conditions
and performance requirements of the existing contract, but if we are unable to complete
those negotiations within the next week, then to authorize the staff to give notice of the
automatic extension of the two incremental terms of extension provided for in the
existing contract.
Motion:
Muzyka
Second:
Hill
Ayes:
Bledsoe,
Nays:
None
Approved:
6-0
Hill, Morris, Muller, Muzyka, Terrell
Agenda Item No. W. Mayor's Report - Update of upcoming meetings and events.
Mayor Terrell announced upcoming meetings and events.
Councilmember Hill discussed the Game Over events on May 21 and 22, 2009 at
Carroll High School.
Agenda Item No. W. City Manager's Report - Finance Report. A written report was
provided to Council. A separate presentation was not made.
Agenda Item No. 3C. Library Board Report. A written report was provided to Council. A
separate presentation was not made.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion.
Agenda Item No. 4A. Approve minutes from the May 5, 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B. This item was intentionally left blank.
REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009
Page 3 of 7
Agenda Item No. 4C. Ordinance No. 956, 1St Reading, Dedicating an easement on City
owned property at 600 State Street for the purpose of providing electrical service to the
new DPS Headquarters site. A presentation was not made on this item.
Agenda Item No. 4D. Resolution No. 09-023, Appoint a Mayor Pro Tem and a Deputy
Mayor Pro Tem. Mayor Terrell appointed Virginia M. Muzyka as Mayor Pro Tem and
Laura K. Hill as Deputy Mayor Pro Tem. 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 MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM PURSUANT
TO ARTICLE 2.07 OF THE HOME RULE CHARTER; AND PROVIDING AN
EFFECTIVE DATE.
Agenda Item No. 4E. 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. Current Zoning: AG -
Agricultural District. Requested Zoning: SF-20A - Single Family Residential District.
SPIN Neighborhood #14. This item was tabled to the June 16, 2009 City Council
meeting.
Motion was made to approve consent agenda items 4A; 4C; 4D to appoint Virginia M.
Muzyka as Mayor Pro Tem and Laura K. Hill as Deputy Mayor Pro Tem; and to table
item 4E to the June 16, 2009 City Council meeting.
Motion: Muzyka
Second: Hill
Vote on Item 4A:
Ayes: Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Abstains: Bledsoe
Approved: 5-0-1
Vote on Items 4C; 4D to appoint Virginia M. Muzyka as Mayor Pro Tem and Laura K.
Hill as Deputy Mayor Pro Tem; and to table item 4E to the June 16, 2009 City Council
meeting.
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke during the public hearing.
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REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009
Page 4 of 7
Agenda Item No. 6A. Ordinance No. 480-584, 2"d Reading (ZA09-008), Zoning Change
and Concept Plan for 630 Shady Oaks Drive on property described as Tract 11A03, T.
Hood Survey, Abstract No. 706. Current Zoning.: AG - Agricultural. Proposed Zoning:
SF-20A - Single Family Residential District. SPIN Neighborhood #6. Director Baker
presented this item to Council. Applicant James Hendrick, 602 Loving Court, Southlake,
Texas introduced himself 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 TRACT 11A03, THOMAS M. HOOD
SURVEY, ABSTRACT NO. 706, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" 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.
Motion was made to approve Ordinance No. 480-584, 2nd Reading (ZA09-008), Zoning
Change and Concept Plan subject to Concept Plan Review Summary No. 2, dated April
17, 2009.
Motion: Muzyka
Second: Hill
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 7A. Ordinance No. 480-WWW, 1st Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy
Systems. Planner Cortez presented this item to Council and answered Council's
questions. Council discussed this item.
Mayor Terrell allowed the public to speak.
Michael Hinkle-Morrison with Texas Solar Systems at 2579 Hall Johnson Road,
Grapevine, Texas addressed Council on concerns with the proposed ordinance.
Motion was made to approve Ordinance No. 480-WWW, 1St Reading, Amendment to
the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar
Energy Systems asking that staff reduce the permit fee to $50 as noted; asking for
clarification of implied access to solar; requiring all requests to go through the Specific
REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009
Page 5 of 7
® Use Permit process; and asking staff to evaluate the height not only for visibility issues
but for safety issues, too, and requiring that documentation be part of the SUP process.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 7B. Ordinance No. 480-YYY, 1St Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to On-Site
Sewage Facility Plans. Director Baker presented this item to Council.
Motion was made to approve Ordinance
Comprehensive Zoning Ordinance No.
Sewage Facility Plans.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller,
Nays: None
Approved: 6-0
No. 480-YYY, 1St Reading, Amendment to the
480, as amended, as it pertains to On-Site
Muzyka, Terrell
Aaenda Item No. 9A. Consider SV09-009. Variance to Sian Ordinance No. 704-C for
Garage Outfitters located at 2707 East Southlake Boulevard, Suite 110. Director Baker
presented this item to Council and answered Council's questions. Applicant Rob Nitka,
707 East Southlake Boulevard, Southlake, Texas and the representative from Fast
Signs, Cruz Torres, answered Council's questions.
Motion was made to approve SV09-009, Variance to Sign Ordinance No. 704-C for
Garage Outfitters located at 2707 East Southlake Boulevard, Suite 110, extending their
banner to July 17, 2009 and allowing a maximum letter height of 20.5 inches on the
back of the building.
Motion: Muzyka
Second:
Hill
Ayes:
Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays:
None
Approved:
6-0
Agenda Item No. 9B. Approve award of bid for a construction contract to RJ
Construction for the Lonesome Dove Park improvements in the amount of $96,600.
Construction Manager Kao presented this item to Council. Council discussed this
request.
Motion was made to approve award of bid for a construction contract to RJ Construction
for the Lonesome Dove Park improvements in the amount of $96,600.
Motion: Hill
Second: Muzyka
REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009
Page 6 of 7
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:16
p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
John Terrell
Mayor
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REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009
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