Item 4AREGULAR CITY COUNCIL MEETING MINUTES: MAY 5, 2009
LOCATION
:1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT
: Mayor Andy Wambsganss, Mayor Pro Tem John Terrell,
Deputy Mayor Pro Tem Gregory Jones 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 City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Community Relations Officer Pilar Schank, Deputy Director of
Community Services Kerry McGeath, Director of Finance Sharen Jackson, Director of
Human Resources Supervisor 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, Chief Building Official Paul Ward, 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, Civil Engineer Cheryl Taylor, City
Attorney Tim Sralla, 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 5:11 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. Special recognition and reception for Mayor Andy Wambsganss.
City Manager Yelverton introduced this item. Mayor Pro Tem Terrell presented the
Mayor with a plaque in recognition of his service to the City and several framed photos
with the key to the City. Each Councilmember was given the opportunity to address the
Mayor. City Manager Yelverton made a presentation on behalf of City staff and asked
the audience to join the Mayor in the foyer for a reception.
Mayor Wambsganss reconvened the meeting at 5:45 p.m.
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Agenda Item No. 4. Discuss all items on tonight’s meeting agenda. City Council
reviewed the consent agenda items with city staff.
Mayor Wambsganss closed the work session at 5:52 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:52 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 5:52 p.m.
Deputy Mayor Pro Tem Jones left the meeting at 5:52 p.m. for a prior commitment but
returned later in the evening.
Executive Session began at 6:24 p.m. and ended at 6:34 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.
The Reports Section, Item No. 3, was heard later in the meeting. The Council
considered the consent agenda next.
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 April 21, 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B. Award construction contract for intersection improvements located
at South White Chapel Boulevard and Continental Boulevard to Quality Excavation,
LTD. in the amount of $516,054.21 and authorize construction phase contingencies. A
presentation was not made on this item.
Agenda Item No. 4 C.Approve 2008 Comprehensive Annual Financial Report. A
presentation was not made on this item.
Agenda Item No. 4D. Approve conceptual plans of Department of Public Safety
sculpture. Assistant City Manager / Director Blagg answered Council’s questions during
the work session.
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Agenda Item No. 4E. ZA06-171, Plat Revision Extension for Lots 1R1, 1R2, and 1R3,
Block 1, Gorbutt Addition on property located 1545 East Southlake Boulevard. Current
Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. Request for
extension to May 20, 2010. A presentation was not made on this item.
Agenda Item No. 4F. ZA08-029, Final Plat Extension for Gateway Church on property
located along State Highway 114, between North Carroll Avenue and North Kimball
Avenue. Current Zoning: NR-PUD – Non-Residential Planned Unit Development
District. SPIN Neighborhood #4. Request for extension to May 8, 2010. A presentation
was not made on this item.
st
Agenda Item No. 4G. Ordinance No. 480-584, 1 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. A presentation was
not made on this item. This item was approved subject to Concept Plan Review
Summary No. 2, dated April 17, 2009.
st
Agenda Item No. 4H. Ordinance No. 480-579, 1 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 May 19, 2009 City Council
meeting.
st
Agenda Item No. 4I. Ordinance No. 480-WWW, 1 Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy
Systems. This item was tabled to the May 19, 2009 City Council meeting.
st
Agenda Item No. 4J. Ordinance No. 480-YYY, 1 Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to On-Site
Sewage Facility Plans. This item was tabled to the May 19, 2009 City Council meeting.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G subject
to Concept Plan Review Summary No. 2, dated April 17, 2009; to table item 4H to the
May 19, 2009 City Council meeting; to table item 4I to the May 19, 2009 City Council
meeting; and to table item 4J to the May 19, 2009 City Council meeting.
Motion: Terrell
Second: Hill
Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke during the public hearing.
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nd
Agenda Item No. 6A. Ordinance No. 480-583, 2 Reading (ZA08-105), Zoning Change
and Concept Plan for proposed Lot 29, F. Throop No. 1511 Addition being described as
Tracts 1G1, 1G, 1V1, 1V, F. Throop Survey, Abstract No. 1511 and being located at
1900 North Kimball Avenue. Current Zoning: AG – Agricultural District. Requested
Zoning: SF-1A – Single Family Residential District. SPIN Neighborhood #6. Director
Baker did not make a presentation on this item. There were no changes from first
reading. 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 TRACTS 1G1,
1G, 1V1, 1V, F. THROOP SURVEY, ABSTRACT NO. 1511, SOUTHLAKE, TARRANT
COUNTY, TEXAS BEING APPROXIMATELY 1.536 ACRES AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT
TO “SF1A” 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.
No one spoke during public hearing.
nd
Motion was made to approve Ordinance No. 480-583, 2 Reading (ZA08-105), Zoning
Change and Concept Plan for proposed Lot 29, F. Throop No. 1511 Addition as set
forth in Council’s packet; subject to Concept Plan Review Summary No. 2, dated
February 25, 2009; and requiring that prior to a Certificate of Occupancy being issued
an adequate water supply be present for the subject property.
Motion: Stansell
Second: Terrell
Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
nd
Agenda Item No. 6B. Ordinance No. 480-522A, 2 Reading (ZA09-011), Zoning
Change and Site Plan for Countryside White Chapel Office Park, Lots 1R1-1R4
(formerly known as White Chapel Office Park, Phase II) on property being described as
Lot 1, Block B, Ravenaux Village Addition and being located at 201 Countryside Court.
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Current Zoning: S-P-1 – Detailed Site Plan District. Requested Zoning: S-P-1 – Detailed
Site Plan District. SPIN Neighborhood #11. Director Baker presented this item to
Council in conjunction with item 6C. 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
1, BLOCK B, RAVENEAUX VILLAGE ADDITION, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” WITH “O-1” DISTRICT
USES DETAILED SITE PLAN DISTRICT TO “S-P-1” WITH “O-1” DISTRICT USES
DETAILED SITE PLAN 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.
Mayor Wambsganss went back to the reports section of the meeting after Director
Baker’s presentation due to the arrival of the participants.
Agenda Item No. 6C. Variance to the Subdivision Ordinance No. 483, Article IV, Section
4.01, Section I.2, Plat Expiration, as amended, requesting to extend the validity of Case
ZA07-016, Plat Revision for Lots 1R1-1R5, Block B, Ravenaux Village (Countryside
White Chapel Offices) located at 201 Countryside Court Current Zoning: S-P-1 Detailed
Site Plan District. SPIN Neighborhood #5. Request for extension to May 5, 2010.
Director Baker presented this item to Council in conjunction with item 6B.
Mayor Wambsganss went back to the reports section of the meeting after this
presentation.
Agenda Item No. 3A1. Mayor’s Report - update of upcoming meetings and events.
Mayor Wambsganss made no presentation under this section.
Agenda Item No. 3A2. Mayor’s Report – Proclamation for Motorcycle Safety and
Awareness Month. Mayor Wambsganss presented this proclamation to Robert Fletcher
and Kelly McColpin with Denton ABATE recognizing the importance of motorcycle
safety.
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Agenda Item No. 3A3. Mayor’s Report – Recognize students from the Carroll ISD and
Keller ISD Class of 2009 who have been accepted to a military academy. Mayor
Wambsganss introduced this item and then turned the presentation over to Amanda
Post who is the Academy Coordinator with Congressman Kenny Marchant’s office. Ms.
Post introduced each student and then presented them with Congressional Certificates
of Recognition. All of the students are Southlake residents and are from the following
school districts: Carroll ISD - Ahmed Toure (West Point - Army), Michael Price and
Christopher Miller (Annapolis – Naval Academy), and Keller ISD - Kramer Young
(Colorado Springs – United States Air Force Academy).
Agenda Item No. 3B. School District Report. Dr. David Faltys, Superintendent of Carroll
Independent School District, gave a report of school activities and events.
Deputy Mayor Pro Tem Jones arrived back at the meeting.
Mayor Wambsganss went back to items 6B and 6C.
nd
Agenda Item No. 6B. Ordinance No. 480-522A, 2 Reading (ZA09-011), Zoning
Change and Site Plan for Countryside White Chapel Office Park, Lots 1R1-1R4
(formerly known as White Chapel Office Park, Phase II) on property being described as
Lot 1, Block B, Ravenaux Village Addition and being located at 201 Countryside Court.
Current Zoning: S-P-1 – Detailed Site Plan District. Requested Zoning: S-P-1 – Detailed
Site Plan District. SPIN Neighborhood #11. Director Baker presented this item earlier in
the meeting and answered Council’s questions. Applicants, Eddie Cheatham with
Cheatham Engineers and Wayne Lee, answered Council’s questions. Director Price
addressed the questions about grasscrete and velocity issues.
No one spoke during public hearing.
nd
Motion was made to approve Ordinance No. 480-522A, 2 Reading (ZA09-011), Zoning
Change and Site Plan for Countryside White Chapel Office Park, Lots 1R1-1R4 noting
applicant’s agreement to work with City staff regarding the bottom of the channel which
will either be exposed aggregate in a neutral color or grasscrete; allowing the applicant
to flip the building 180 degrees but accepting the applicant’s agreement that the east
side of the building facing White Chapel Boulevard will have similar gables and windows
as shown on the front of the building and will substantially look like the front of the
building; stating the applicant will remove the covered parking that would have been on
the west side of that same building; subject to the recommendations of the Planning and
Zoning Commission; and subject to Site Plan Review Summary No. 3, dated April 29,
2009 and granting the requested variances.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
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Agenda Item No. 6C. Variance to the Subdivision Ordinance No. 483, Article IV, Section
4.01, Section I.2, Plat Expiration, as amended, requesting to extend the validity of Case
ZA07-016, Plat Revision for Lots 1R1-1R5, Block B, Ravenaux Village (Countryside
White Chapel Offices) located at 201 Countryside Court Current Zoning: S-P-1 Detailed
Site Plan District. SPIN Neighborhood #5. Request for extension to May 5, 2010.
Director Baker presented this item earlier in the meeting. Applicants, Eddie Cheatham
with Cheatham Engineers and Wayne Lee, answered Council’s questions.
Motion was made to approve the variance to the Subdivision Ordinance No. 483, Article
IV, Section 4.01, Section I.2, Plat Expiration, as amended, requesting to extend the
validity of Case ZA07-016, Plat Revision for Lots 1R1-1R5, Block B, Ravenaux Village
(Countryside White Chapel Offices) as presented and subject to Plat Review Summary
No. 3, dated April 27, 2007.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9A. ZA09-010, Preliminary Plat for Carillon Residential on property
being described Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3B1, and 3B2, Larkin
H. Chivers Survey, Abstract No. 300 and Tracts 3 and 4A1, Absalom H. Chivers Survey,
Abstract No. 299 and being located at 1500 and 1900 North Carroll Avenue, 1801 North
White Chapel Blvd, and 100, 202, 250, 300, 320, and 350 East State Highway 114.
Current Zoning: ECZ– Employment Center Zoning District. SPIN Neighborhood #3.
Deputy Director Killough presented this item and answered Council’s questions.
Applicant Jeff Kennemer, 2206 Shady Dell Lane, Arlington, Texas answered Council’s
questions. Director Price answered Council’s questions.
Motion was made to approve ZA09-010, Preliminary Plat for Carillon Residential subject
to Plat Review Summary No. 2, dated April 17, 2009 and granting the specific variance
relative to the arterial street sections in order to allow 600 and 800 feet radii in two
sections at the south end of Kirkwood Boulevard subject to the City Engineers
recommendation that the roadway is designed to meet or exceed a 40 mph design
speed.
Motion: Stansell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9B. Consider SV09-006, Amendment to the Shops of Southlake
Conditional Sign Permit for Nordstrom Rack located at 1445 East Southlake Boulevard.
Director Baker presented this item to Council. Applicant David Palmer made a
presentation and answered Council’s questions.
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Motion was made to approve SV09-006, Amendment to the Shops of Southlake
Conditional Sign Permit for Nordstrom Rack located at 1445 East Southlake Boulevard
as presented.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Muzyka, Wambsganss
Nays: Muller, Stansell, Terrell
Approved: 4-3
Agenda Item No. 9C. Consider SV09-007, Variance to Sign Ordinance No. 704-C for a
temporary sign for Watermere at Southlake located at 2807 West Southlake Boulevard.
Deputy Director Killough presented this item to Council. Applicant Kristen Kearnaghan
of Watermere answered Council’s questions.
Motion was made to approve SV09-007, Variance to Sign Ordinance No. 704-C for a
temporary sign for Watermere at Southlake located at 2807 West Southlake Boulevard
as presented.
Motion: Stansell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9D. Consider SV09-008, Variance to Sign Ordinance No. 704-C for
Stars Theater Company located at 1970 East Dove Road. Deputy Director Killough
presented this item to Council. Applicant Melinda Smith, President of the Stars Theater
Company, answered Council’s questions.
Motion was made to approve SV09-008, Variance to Sign Ordinance No. 704-C for
Stars Theater Company located at 1970 East Dove Road for a period of one year
stipulating that the paid fee of $300 will be returned to the applicant and accepting the
applicant’s agreement to eliminate the flags from the proposed sign.
Motion: Stansell
Second: Terrell
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
8:39 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary’s Office.
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______________________________
Andy Wambsganss
Mayor
ATTEST:
______________________________
Lori Payne, TRMC
City Secretary
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