Item 4AREGULAR CITY COUNCIL MEETING MINUTES: MARCH 3, 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, Director of
Community Services Chris Tribble, Deputy Director of Community Services Kerry
McGeath, Recreation Superintendent Steve Moore, Director of Economic Development
Greg Last, Economic Development Specialist Ashley Stathatos, Director of Finance
Sharen Jackson, Assistant Director of Finance Sean Leonard, Teen Court Coordinator
Kristin White, Director of Human Resources Kevin Hugman, SQL Database
Administrator Sam Cobb, Information Systems Technician Vicky Roche, Director of
Planning and Development Services Ken Baker, Deputy Director of Planning and
Development Services Dennis Killough, 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, Public Works Operations
Manager Chuck Kendrick, City Attorney E. Allen Taylor, 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 5:14 p.m.
Agenda Item No. 2. Invocation. Assistant City Manager Thatcher gave the invocation.
Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 3. Discussion of a business retention and expansion strategic plan for
the City of Southlake. Director Last presented this item to Council and answered their
questions.
Agenda Item No. 4. Discuss all items on tonight’s meeting agenda. City Council
reviewed the consent agenda items with city staff. Item 9D was added to the consent
agenda.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009
Page 1 of 10
Mayor Wambsganss closed the work session at 6:16 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:16 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; Section 551.074, deliberation regarding personnel matters; and
Section 551.087, deliberation regarding economic development negotiations. City
Council adjourned for Executive Session at 6:16 p.m.
Executive Session began at 6:47 p.m. and ended at 7:40 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:48 p.m. and asked if any action was necessary from Executive Session. No action
was necessary.
Agenda Item No. 3A1. Mayor’s Report - update of upcoming meetings and events.
Mayor Wambsganss announced upcoming meetings and events.
Agenda Item No. 3B1. City Manager’s Report – financial report. City Manager Yelverton
presented this item to Council.
Agenda Item No. 3C. Local Business Report. Specialist Stathatos introduced Jeff
Robinson of Macaux Floral who introduced his business 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 February 17, 2009 regular City Council
meeting and from the February 18, 2009 City Council Strategy Session. The minutes
were approved as presented.
Agenda Item No. 4B. Cancel or reschedule the March 17, 2009 City Council meeting.
City Council discussed this item during the work session and decided to cancel the
March 17, 2009 City Council meeting.
Agenda Item No. 4C. Excuse a City Council member for absences from meetings.
Council excused Deputy Mayor Pro Tem Jones’ absences from the February 3, 2009
and February 17, 2009 City Council meetings due to being out of town on business.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009
Page 2 of 10
Agenda Item No. 4D. Award construction contract for water and sanitary sewer
relocations on F.M. 1709 to Barson Utilities, Inc., in the amount of $502,832.75 and
authorize construction phase contingencies. A presentation was not made on this item.
Agenda Item No. 4E. Award construction contract for paving and water system
improvements for Highland Street (Shady Oaks Drive to State Highway 114) and paving
improvements to serve Woodland Heights to Municipal Construction, Inc., in the amount
of $922,253.73 and authorize construction phase contingencies. A presentation was not
made on this item.
Agenda Item No. 4F. Approve a professional services agreement for engineering design
services for segments B, C, D, and E of the North Water Supply Pipeline Project with
Freese and Nichols, Inc. in the amount of $522,070. A presentation was not made on
this item.
Agenda Item No. 4G. Approve a third amendment to the interlocal agreement with
Tarrant County for allocation of Tarrant County bond funds being provided in
conjunction with the F.M. 1938 project. A presentation was not made on this item.
Agenda Item No. 4H. Approve an interlocal agreement with the City of Grapevine and
the City of Colleyville to fund the Metroport Teen Court. A presentation was not made
on this item.
Agenda Item No. 4I. Resolution No. 09-010, Establishing a Southlake Business Council
(SBC); providing for appointments to the business council; and providing for an effective
date. 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, ESTABLISHING A
SOUTHLAKE BUSINESS COUNCIL (SBC) FOR THE CITY OF SOUTHLAKE;
PROVIDING FOR APPOINTMENTS TO THE BUSINESS COUNCIL; AND PROVIDING
AN EFFECTIVE DATE.
Agenda Item No. 4J. Consider SV08-001, Amendment to the Sign Variance for the
North Country Office Building Tower Monument Sign located at 1050 East State
Highway 114. Council discussed this item during the work session. Applicant Dan
Vance, 1221 Berkley, Grapevine, Texas with Pannatoni answered Council’s questions.
Council approved this item providing that the lettering shown in the applicant’s
presentation does not exceed eight inches in height.
st
Agenda Item No. 4K. Ordinance No. 480-579, 1 Reading (ZA08-062), Zoning Change
and Concept Plan for 520 South White Chapel Boulevard on property being described
asTract 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 7, 2009 City Council meeting.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009
Page 3 of 10
Agenda Item No. 4L. 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,
1B, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 2B1, 3C, 3C1, 3C1A, 3D, 3D1A and 3D6 in
the 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. This item
was tabled to the April 7, 2009 City Council meeting.
Agenda Item No. 9D. Consider a Community Events Participation Agreement with
GreenFellows, Inc. for the Southlake Green Day event. Mayor Wambsganss introduced
this item. Applicant Audra Lewondowski, 405 Indian Paintbrush Way, Southlake, Texas
of GreenFellows, Inc. presented this item to Council and answered questions during the
work session.
Motion was made to approve consent agenda items 4A as presented; 4B to cancel the
March 17, 2009 Council meeting; 4C to excuse Deputy Mayor Pro Tem Jones from the
February 2, 2009 and the February 17, 2009 Council meetings; 4D; 4E; 4F; 4G; 4H; 4I;
4J providing that the lettering shown in the applicant’s presentation does not exceed
eight (8) inches in height; 4K to table to the April 7, 2009 City Council meeting; 4L to
table to the April 7, 2009 City Council meeting; and to approve 9D.
Motion: Terrell
Second: Jones
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.
nd
Agenda Item No. 6A. Ordinance No. 480-343a, 2 Reading (ZA08-112), Zoning
Change and Site Plan for Safety Town Park on property being described as Lot 3, Block
1, Corner Addition and being located at 2100 West Southlake Boulevard and 200 North
Randol Mill Avenue. Current Zoning: S-P-1 Detailed Site Plan District. Requested
Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #13. Director Baker
presented this item to Council in conjunction with item 6B. 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
3, BLOCK 1, CORNER ADDITION, BEING APPROXIMATELY 4.012 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1”
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009
Page 4 of 10
DETAILED SITE PLAN DISTRICT WITH “CS” COMMUNITY SERVICE DISTRICT
USES LIMITED TO A PUBLIC SAFETY FACILITY WITH ASSOCIATED OUTSIDE
STORAGE TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “CS” COMMUNITY
SERVICE DISTRICT USES LIMITED TO A PUBLIC SAFETY FACILITY WITH
ASSOCIATED OUTSIDE STORAGE AND PUBLIC PARK TO INCLUDE A
CHILDREN’S SAFETY EDUCATION FACILITY, 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.
Carolyn Morris, 403 St. Charles Court, Southlake, Texas, spoke in support.
Dianne Dorman, 100 Ascot Drive, Southlake, Texas stated several safety concerns.
Chief Finn answered Council’s questions and addressed concerns raised during the
public hearing.
Mayor Wambsganss closed the public hearing.
nd
Motion was made to approve Ordinance No. 480-343a, 2 Reading (ZA08-112), Zoning
Change and Site Plan for Safety Town Park as presented.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6B. Plat Revision for Lots 3R1 and 3R2, Block 1, Corner Addition,
being a revision of Lot 3, Block 1, Corner Addition, being located at 2100 West
Southlake Boulevard and 200 North Randol Mill Avenue. Current Zoning: S-P-1
Detailed Site Plan District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #13. Director Baker presented this item to Council in conjunction with
item 6A.
Motion was made to approve Plat Revision for Lots 3R1 and 3R2, Block 1, Corner
Addition subject to Revised Plat Review Summary No. 3, dated February 25, 2009.
Motion: Terrell
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009
Page 5 of 10
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item 6C. ZA09-003, Site Plan for Panera Bread Bakery Café on property being
legally described as Lot 3, Block 1, Village Center Addition and being located at 2140
East Southlake Boulevard, Suite R. Current Zoning: C3 General Commercial District.
SPIN Neighborhood #8. Deputy Director Killough presented this item to Council in
conjunction with item 6D.
Mayor Wambsganss opened the public hearing.
Applicant Mark Ethrington, 701 Harvest Lane, St. Louis, Missouri, with Panera Bread
answered Council’s questions.
Mayor Wambsganss closed the public hearing.
Council discussed this request.
Motion was made to approve ZA09-003, Site Plan for Panera Bread Bakery Café
granting requested variances but limiting the awnings to a single color being either the
purple or the green as discussed; to approve Option B; and as presented.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Muzyka, Stansell, Terrell, Wambsganss
Nays: Muller
Approved: 6-1
Agenda Item No. 6D. Consider SV09-001, Variance to Sign Ordinance No. 704-C for
Panera Bread Bakery Café #1367 located at 2140 East Southlake Boulevard, Suite R.
Deputy Director Killough presented this item to Council in conjunction with item 6C.
Applicant Mark Ethrington, 701 Harvest Lane, St. Louis, Missouri, with Panera Bread
answered Council’s questions.
Council discussed this request.
Motion was made to approve SV09-001, Variance to Sign Ordinance No. 704-C for
Panera Bread Bakery Café #1367 located at 2140 East Southlake Boulevard, Suite R,
to approve Option B, and as presented.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Muzyka, Stansell, Terrell, Wambsganss
Nays: Muller
Approved: 6-1
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009
Page 6 of 10
st
Agenda Item No. 7A. Ordinance No. 480-580, 1 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: O1 Office District and CS
Community Service District. Requested Zoning: O1 Office District. SPIN Neighborhood
#5. Deputy Director Killough presented this item to Council. Applicant Skip Blake of
Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas made a
presentation and answered Council’s questions.
st
Motion was made to approve Ordinance No. 480-580, 1 Reading (ZA08-066), Zoning
Change and Site Plan for Brad Moss Dental Office granting requested variances as
presented by the applicant; subject to Site Plan Review Summary No. 4, dated February
13, 2009; providing a common access easement (over the driveways and extending to
the north and south boundaries); and requiring the applicant to bring back color
renderings at second reading.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
st
Agenda Item No. 7B. Ordinance No. 480-338a, 1 Reading (ZA08-116), Zoning Change
and Site Plan for Carroll Senior High School on property being described as Lot 1R,
Block 1R, 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. Applicant Dr. Derek Citty, 3051 Dove
Road, Grapevine, Texas of Carroll ISD and Civil Engineer John Blacker answered
Council’s questions.
st
Motion was made to approve Ordinance No. 480-338a, 1 Reading (ZA08-116), Zoning
Change and Site Plan for Carroll Senior High School granting 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 presented this evening.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss called for a break at 9:20 p.m. and reconvened the meeting at 9:37
p.m.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009
Page 7 of 10
Agenda Item No. 8A. Resolution No. 09-011, Appoint a member to the Planning and
Zoning Commission.Mayor Wambsganss introduced 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 COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION AND
PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Resolution No. 09-011, Appoint a member to the Planning
and Zoning Commission to appoint Brigham A. McCown to a position with a term ending
May 2010.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muzyka, Stansell, Terrell, Wambsganss
Nays: Muller
Approved: 6-1
Agenda Item No. 8B. Resolution No. 09-012, Appoint an alternate member to the
Southlake Arts Council. Mayor Wambsganss introduced 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 COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPOINTING AN ALTERNATE MEMBER TO THE SOUTHLAKE ARTS COUNCIL;
AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Resolution No. 09-012, Appoint an alternate member to
the Southlake Arts Council to appoint Carol Knox to an alternate position with a term
ending May 2010.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9A. Consider SV09-002, Variance to Sign Ordinance No. 704-C for
the Nail Palace located at 2125 West Southlake Boulevard, Suite 335. Director Baker
presented this item to Council. Applicant Rose Guarneri of Turner Sign Systems, 2830
North Beach Street, Haltom City, Texas answered Council’s questions.
Council discussed this request.
Motion was made to deny SV09-002, Variance to Sign Ordinance No. 704-C for the Nail
Palace located at 2125 West Southlake Boulevard, Suite 335.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009
Page 8 of 10
Nays: None
Approved: 7-0 (to deny)
Agenda Item No. 9B. Consider SV09-003, Variance to the Sign Ordinance No. 704-C
for Southlake Town Square Grand Opening Sign located at the northeast corner of
North Carroll Avenue and Southlake Boulevard. Deputy Director Killough presented this
item to Council. Applicant Carla Chase, Marketing Director for Southlake Town Square,
1256 Main Street, Southlake, Texas answered Council’s questions.
Council discussed various options regarding this request.
Motion was made to approve SV09-003, Variance to the Sign Ordinance No. 704-C for
Southlake Town Square Grand Opening Sign located at the northeast corner of North
Carroll Avenue and Southlake Boulevard stating that the permit expiration date be
extended for 30 days from the existing expiration date of March 2009.
Motion: Terrell
Second: Stansell
Ayes: Jones, Muzyka, Stansell, Terrell, Wambsganss
Nays: Hill, Muller
Approved: 5-2
Agenda Item No. 9C. Consider SV09-004, Variance to the Sign Ordinance No. 704-C
for Lakes of La Paloma Addition Real Estate Signs. Director Baker presented this item
to Council. Applicant Jim Carlisle, 1106 La Paloma, Southlake, Texas made a
presentation and answered Council’s questions.
Council discussed this request.
Motion was made to deny SV09-004, Variance to the Sign Ordinance No. 704-C for
Lakes of La Paloma Addition Real Estate Signs.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0 (to deny)
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
10:14 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary’s Office.
______________________________
Andy Wambsganss
Mayor
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009
Page 9 of 10
ATTEST:
______________________________
Lori Payne, TRMC
City Secretary
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009
Page 10 of 10