Item 4AREGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 16, 2008
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, Information
Systems Technician Slaven Manning, Interim Director of Community Services Chris
Tribble, Deputy Director of Community Services Kerry McGeath, Director of Economic
Development Greg Last, Director of Finance Sharen Jackson, Assistant Director of
Finance Sean Leonard, Director of Human Resources Kevin Hugman, Fire Chief
Michael Starr, Police Chief Robert Finn, Director of Planning and Development Services
Ken Baker, Planner II Clayton Comstock, Chief Building Official Paul Ward, Director of
Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer,
Operations Manager Chuck Kendrick, Environmental Coordinator Christi Upton, 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 5:15 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Scott Berry, gave the invocation.
Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 3. Discuss all items on tonight’s meeting agenda. City Council
reviewed the agenda items with city staff. The following items were added to the
consent agenda: to table Item 6G to the October 7, 2008 City Council meeting and to
approve Items 7B, 8A, 8B and 9A.
Mayor Wambsganss closed the work session at 5:49 p.m.
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REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:49 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 551.074, deliberation regarding personnel matters and Section 551.087,
deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 5:49 p.m. An Executive Session was not held.
Mayor Pro Tem Terrell and Councilmember Hill had to leave the meeting at 6:00 p.m.
but returned later in the evening.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 6:53 p.m.
Agenda Item No. 3A. Mayor’s Report. Mayor Wambsganss announced upcoming
meetings and events.
Agenda Item No. 3B. City Manager’s Report. City Manager Yelverton presented details
on the City’s hurricane assistance information located on the website for those residents
who want to help those recently affected by Hurricane Ike.
Agenda Item No. 3B1. Introduction of the new Police Chief and Fire Chief. City Manager
Yelverton introduced newly appointed Police Chief Robert Finn and Fire Chief Michael
Starr.
Agenda Item No. 3C. Financial Report. A written report was provided to Council.
Agenda Item No. 3D. Chamber of Commerce Report – Oktoberfest. Giovanna Phillips
th
with the Southlake Chamber of Commerce presented information on the upcoming 7
Annual Oktoberfest.
CONSENT AGENDA:
Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. The Mayor read the items into the record.
Agenda Item No. 4A. Approve the minutes from the September 2, 2008, regular City
Council meeting. The minutes were approved as presented.
Agenda Item No. 4B. Resolution No. 08-041A, Approve joint election agreements with
Tarrant County Elections Administration and Denton County Elections Administration
and amend election procedures for the November 4, 2008 special Local Option Election
to legalize the sale of beer and wine for off-premise consumption only. 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:
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A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AMENDING RESOLUTION
NO. 08-041 WHICH CALLED FOR A SPECIAL LOCAL OPTION ELECTION
PURSUANT TO THE TEXAS ELECTION CODE TO BE HELD ON NOVEMBER 4,
2008 BY APPROVING AGREEMENTS FOR ELECTION SERVICES WITH TARRANT
AND DENTON COUNTIES; AND PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 4C. Resolution No. 08-049, Request the Texas State Legislature to
allow for greater local regulatory oversight of intra-state gas utilities. 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 OPPOSING THE
CONTINUED PREEMPTION OF MUNICIPAL REGULATION OF CERTAIN INTRA-
STATE GAS UTILITIES; URGING LEGISLATIVE ACTION TO PERMIT GREATER
LOCAL REGULATORY OVERSIGHT; AND PROVIDING AN EFFECTIVE DATE.
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Agenda Item No. 4D.Ordinance No. 946, 1 Reading, An ordinance adding Chapter 9.5,
Article VIII to the Code of Ordinances; providing for the regulation of erosion and
sediment control at construction sites within the city of Southlake and establishing an
effective date. A presentation was not made on this item.
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Agenda Item No. 4E. Ordinance No 483-O, 1 Reading, Amendment to the Subdivision
Ordinance No. 483, as amended, as it pertains to the requirements for the installation of
underground franchise utilities within the City of Southlake. A presentation was not
made on this item.
Agenda Item No. 4F. Approve a Southlake Parks Development Corporation (SPDC)
matching funds request from the Southlake Historical Society in the amount of $1,000
for the restoration of a historic wagon. A presentation was not made on this item.
Agenda Item No. 4G. Approve a Southlake Parks Development Corporation (SPDC)
matching funds request from the Bob Jones Nature Center organization in the amount
of $1,900 for the purchase of picnic tables for the Bob Jones Nature Center & Preserve.
A presentation was not made on this item.
Agenda Item No. 4H. Approve a Southlake Parks Development Corporation (SPDC)
matching funds request from the Bob Jones Nature Center organization in the amount
of $1,500 for the purchase of classroom furniture for Bob Jones Nature Center &
Preserve. A presentation was not made on this item.
Agenda Item No. 6G. Resolution No. 08-045, Amendments to the City’s Mobility and
Master Thoroughfare Plan, an element of the Southlake 2025 Plan, the City’s
Comprehensive Master Plan, to include the future alignment of Kirkwood Boulevard,
north of State Highway 114, and North Carroll Avenue. A presentation was not made on
this item. This item was tabled to the October 7, 2008, City Council meeting.
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Agenda Item No. 7B. Ordinance No. 480-440a, 1 Reading (ZA08-076), Zoning Change
and Site Plan for Farpointe Wine Cellar on property located at 721 East Southlake
Boulevard and described as Lot 1, Block 1, Pecan Creek. Current Zoning: S-P-1
Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #9E. Planner Comstock presented this item during the work session.
Applicant John Fresine, 17715 Garden Grove Lane, Dallas, Texas answered Council’s
questions. Council approved this item subject to the incorporation of the renderings
presented during staff’s presentation.
Agenda Item No. 8A. Resolution No. 08-047, Appoint members to the Senior Advisory
Committee. A presentation was not made on this item. Council appointed Dan
McCauley to Place 6 and Craig Hayes to Place 9, Alternate 2. 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 MEMBERS TO THE SENIOR ADVISORY COMMISSION AND
PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 8B. Resolution No. 08-048, Appoint a member to the Zoning Board of
Adjustment. A presentation was not made on this item. Council appointed Laird
Fairchild to Place 3. 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 ZONING BOARD OF ADJUSTMENT; AND
PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 9A. Consider SP08-208, Variance to Sign Ordinance 704-C for
Anderson's Furniture located at 1600 East Southlake Boulevard. Planner Comstock
presented this item during the work session. Applicant Rick Sutton of Starlight Sign at
1110 Squires Lane, Aubrey, Texas with store owner, Jill Anderson, answered Council’s
questions. After discussion, Council approved this item as follows: approving two signs
– one being on the south side and one being on the east side – with back-lit, channel
letters, eliminating the west sign as presented, and eliminating all gooseneck light
fixtures.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; 4H; to
table item 6G to the October 7, 2008 City Council meeting; 7B subject to the
incorporation of the renderings presented during staff’s presentation during the work
session; 8A to appoint Dan McCauley to Place 6 and Craig Hayes to Place 9, Alternate
2 with terms expiring May 2010; 8B to appoint Laird Fairchild to Place 3 with a term
expiring May 2009; and 9A as follows: approving two signs – one being on the south
side and one being on the east side – with back-lit, channel letters, eliminating the west
sign as presented, and eliminating all gooseneck light fixtures.
Motion: Muzyka
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Second: Muller
Ayes: Jones, Muller, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 5-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum.
Al Penedo, 1318 Oakhurst Drive, Southlake, Texas discussed drainage and flooding
problems in his neighborhood.
Tim Wood, 1205 Timber Court, Southlake, Texas spoke about the drainage problems at
property owned by his mother, Hsiang-Lan (Sunshine) Wood.
Mayor Wambsganss closed the public forum.
Agenda Item No. 6A. ZA08-061, Revised Site Plan for Watermere at Southlake
Clubhouse on property being Lot 4, Block 1, Watermere Addition located at 301
Watermere Drive. Current Zoning: S-P-2 Generalized Site Plan District. SPIN
Neighborhood #15. Director Baker presented this item to Council. Applicant Scott
Simmons from Watermere made a presentation and answered Council’s questions.
No one spoke during the public hearing.
Motion was made to approve ZA08-061, Revised Site Plan for Watermere at Southlake
Clubhouse as presented by the applicant.
Motion: Jones
Second: Muzyka
Ayes: Jones, Muller, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 5-0
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Agenda Item No. 6B. Ordinance No. 480-509A, 2 Reading (ZA08-072), Zoning
Change and Development Plan for Cotswold Valley (formerly known as Estancia) on
property located at 579 North Kimball Avenue. Current Zoning: R-PUD – Residential
Planned Unit Development. Requested Zoning: R-PUD – Residential Planned Unit
Development. SPIN Neighborhood #6. Planner Comstock presented this item 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 5A4, SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525,
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BEING APPROXIMATELY 7.97 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT “A” FROM “R-PUD” RESIDENTIAL PLANNED UNIT
DEVELOPMENT TO “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT
DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING
“PUD” DEVELOPMENT STANDARDS, 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.
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Motion was made to approve Ordinance No. 480-509A, 2 Reading (ZA08-072), Zoning
Change and Development Plan for Cotswold Valley.
Motion: Jones
Second: Muller
Ayes: Jones, Muller, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 5-0
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Agenda Item No. 6C. Ordinance No. 480-565, 2 Reading (ZA08-050), Zoning Change
and Site Plan for CySolutions Office Complex located at 165 South Kimball Avenue.
Current Zoning: SF-1A Single Family Residential District. Requested Zoning: S-P-1
Detailed Site Plan District. SPIN Neighborhood #7. Director Baker presented this item
to Council. Applicant Aaron Hunsacker with The Sage Group, 1130 North Carroll
Avenue, Southlake, Texas 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
TRACT 2, GEORGE W. MAIN SURVEY, ABSTRACT NO. 1098, BEING
APPROXIMATELY 1.68 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE FAMILY RESIDENTIAL
DISTRICT TO “S-P-1” 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
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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.
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Motion was made to approve Ordinance No. 480-565, 2 Reading (ZA08-050), Zoning
Change and Site Plan for CySolutions Office Complex specifically granting the
requested variances, noting the applicant’s agreement that the fence will have columns
at 30 feet on center, and subject to Site Plan Review Summary No. 3, dated September
9, 2008.
Motion: Jones
Second: Muzyka
Ayes: Jones, Muller, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 5-0
nd
Agenda Item No. 6D. Ordinance No. 480-568, 2 Reading (ZA08-046), Zoning Change
and Concept Plan for Lots 22 and 23, T.M. Hood No. 706 Addition on property located
at 1340 and 1340B Shady Oaks Drive and described as Tracts 2C, 2C2, 2C2A and
2C2B, T.M. Hood Survey, Abstract No. 706. Current Zoning: AG Agricultural District.
Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #11.
Director Baker presented this item in conjunction with item 6E. The applicant was
present but did not speak. 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
TRACTS 2C, 2C2, 2C2A, & 2C2B, T.M. HOOD SURVEY, ABSTRACT NO. 706, BEING
APPROXIMATELY 2.45 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-1A”
SINGLE FAMILY RESIDENTIAL DISTRICT, 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.
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No one spoke during the public hearing.
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Motion was made to approve Ordinance No. 480-568, 2 Reading (ZA08-046), Zoning
Change and Concept Plan for Lots 22 and 23, T.M. Hood No. 706 Addition granting the
requested variance for the frontage requirement; denying the sidewalk variance request;
expanding the easement as previously approved from 10 feet to 15 feet; and further
stipulating that the applicant has agreed to connect to sewer once it is reasonably
available.
Motion: Stansell
Second: Jones
Ayes: Jones, Muller, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 5-0
Agenda Item No. 6E. ZA08-047, Plat Showing for Lots 22 and 23, T.M. Hood No. 706
Addition on property located at 1340 and 1340B Shady Oaks Drive and described as
Tracts 2C, 2C2, 2C2A and 2C2B, T.M. Hood Survey, Abstract No. 706. Current Zoning:
AG Agricultural District. SPIN Neighborhood #11. Director Baker presented this item in
conjunction with item 6D. The applicant was present but did not speak.
Motion was made to approve ZA08-047, Plat Showing for Lots 22 and 23, T.M. Hood
No. 706 Addition subject to Plat Review Summary No. 3, dated August 15, 2008.
Motion: Stansell
Second: Muller
Ayes: Jones, Muller, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 5-0
Mayor Pro Tem Terrell rejoined the meeting.
Agenda Item No. 6F. ZA08-064, Site Plan for Lot 5, Block 22, Southlake Town Square
on property located at 125 Central Avenue and described as Lot 5, Block 22, Southlake
Town Square. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Planner
Comstock presented this item to Council. Applicant Brian Stebbins answered Council’s
questions.
Councilmember Hill rejoined the meeting.
No one spoke during the public hearing.
Motion was made to approve ZA08-064, Site Plan for Lot 5, Block 22, Southlake Town
Square as presented and subject to Site Plan Review Summary No. 1, dated August 29,
2008.
Motion: Jones
Second: Terrell
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Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
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Agenda Item No. 6H. Ordinance No. 942, 2 Reading, Approve and adopt the annual
budget for Fiscal Year 2009 and approve the revised budget figures for Fiscal Year
2008 and multi-year Capital Improvement Plan. Director Jackson presented this item in
conjunction with items 6I and 6J. In accordance with Section 4.21 of the City Charter,
the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2008; APPROVING
AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2008, AND TERMINATING SEPTEMBER 30, 2009, AND MAKING APPROPRIATIONS
FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING
ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
No one spoke during the public hearing.
The Council discussed this item.
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Motion was made to approve Ordinance No. 942, 2 Reading, Approve and adopt the
annual budget for Fiscal Year 2009 and approve the revised budget figures for Fiscal
Year 2008 and multi-year Capital Improvement Plan as presented.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Muzyka, Stansell, Terrell, Wambsganss
Nays: Muller
Approved: 6-1
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Agenda Item No. 6I. Ordinance No. 943, 2 Reading, Tax Levy Ordinance. Director
Jackson presented this item in conjunction with items 6H and 6J. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009, AND FOR
EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF
$0.462 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL
TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF
SOUTHLAKE, TEXAS, AS OF JANUARY 1, 2008, TO PROVIDE REVENUES FOR
THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND
SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE
ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES
TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR
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PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS
PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF
INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
Mayor Wambsganss opened the public hearing.
Greg Standerfer asked Council to not cut taxes in these uncertain economic times and
leave the property tax exemption as it is proposed.
Mayor Wambsganss closed the public hearing.
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Motion was made to approve Ordinance No. 943, 2 Reading, Tax Levy Ordinance and
move that the property taxes be increased by the adoption of a tax rate of $0.462.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muzyka, Stansell, Terrell, Wambsganss
Nays: Muller
Approved: 6-1
nd
Agenda Item No. 6J. Ordinance No. 944, 2 Reading, Approve an ordinance of the City
of Southlake, Texas, providing for a residential homestead property tax exemption;
providing that this ordinance shall be cumulative of all ordinances; providing a
severability clause; providing a publication clause; and providing an effective date.
Director Jackson presented this item in conjunction with items 6H and 6I. In accordance
with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR A
RESIDENTIAL HOMESTEAD PROPERTY TAX EXEMPTION; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
No one spoke during the public hearing.
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Motion was made to approve Ordinance No. 944, 2 Reading, Approve an ordinance of
the City of Southlake, Texas, providing for a residential homestead property tax
exemption; providing that this ordinance shall be cumulative of all ordinances; providing
a severability clause; providing a publication clause; and providing an effective date as
presented.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
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Agenda Item No. 6K. Ordinance No. 945, 2 Reading, Approve a negotiated resolution
between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex
Division (“Atmos Mid-Tex or “The Company”) regarding the company’s rate review
mechanism filing in all cities exercising original jurisdiction; declaring existing rates to be
unreasonable; adopting tariffs that reflect rate adjustments consistent with the
negotiated settlement and finding the rates to be set by the attached tariffs to be just
and reasonable; approving Atmos’ proof of revenues; adopting a savings clause;
determining that this ordinance was passed in accordance with the requirements of the
Texas Open Meetings Act; declaring an effective date; and requiring delivery of this
ordinance to the company and legal counsel. Mayor Wambsganss presented this item
to Council. In accordance with Section 4.21 of the City Charter, the caption for this item
is listed as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS
CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION
("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE COMPANY'S RATE
REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL
JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE;
ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH
THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE
ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS'
PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT
THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS
OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND
REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL
COUNSEL.
No one spoke during the public hearing.
nd
Motion was made to approve Ordinance No. 945, 2 Reading, Approve a negotiated
resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-
Tex Division (“Atmos Mid-Tex or “The Company”) regarding the company’s rate review
mechanism filing in all cities exercising original jurisdiction; declaring existing rates to be
unreasonable; adopting tariffs that reflect rate adjustments consistent with the
negotiated settlement and finding the rates to be set by the attached tariffs to be just
and reasonable; approving Atmos’ proof of revenues; adopting a savings clause;
determining that this ordinance was passed in accordance with the requirements of the
Texas Open Meetings Act; declaring an effective date; and requiring delivery of this
ordinance to the company and legal counsel.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
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Mayor Wambsganss called for a break at 8:08 p.m. and reconvened the meeting at 8:26
p.m.
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Agenda Item No. 7A. Ordinance No. 480-564, 1 Reading (ZA08-031), Zoning Change
and Development Plan for Carillon Southlake on property located at the northeast
corner of East State Highway 114 and North White Chapel Boulevard and described as
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, Absolom H. Chivers Survey, Abstract
No. 299. Said property also being currently addressed 1500 and 1900 North Carroll
Avenue, 1801 North White Chapel Boulevard, and 100, 202, 250, 300, 320, and 350
East State Highway 114. Current Zoning: NR-PUD Non-Residential Planned Unit
Development District and C-2 Local Retail Commercial District. Requested Zoning: ECZ
Employment Center Zoning District. SPIN Neighborhood #5. Director Baker presented
this item to Council. Applicant Jeff Kennemer of Hines Development, 5215 North
O’Connor Boulevard, Irving, Texas made a presentation and answered Council’s
questions. Paul McCracken and Emily Drake with Jacobs Carter and Burgess answered
Council’s questions. Steve Chilton with Opus West answered Council’s questions.
Council discussed this item and asked questions of the presenters.
Mayor Wambsganss allowed the public to speak.
The following people spoke in opposition to this item:
Kathleen V. Simpson, 104 Brentwood Circle, Southlake, Texas;
Jason Whitmire, 2012 Woodbine, Southlake, Texas;
Douglas Harsy, 2804 Tyler Street, Southlake, Texas;
D. Todd Parrish, 1313 Bay Meadows, Southlake, Texas;
David Alexander, 904 Quail Creek Court, Southlake, Texas;
Kenneth Horne, 1215 Ashmoore Court, Southlake, Texas;
Joe Garcia, 809 Silverton, Southlake, Texas;
Jin Liu, 1106 Del Mar Drive, Southlake, Texas; and,
Scott Nguyen, 1100 Bay Meadows Drive, Southlake, Texas.
The following people spoke in support of this item:
Kevin Archer, 808 Longford Drive, Southlake, Texas;
Randall McCauley, 2805 Carrick, Southlake, Texas; and,
Anthony Erickson, 301 Clariden Ranch Road, Southlake, Texas.
The following people filled out comment cards in opposition but did not wish to speak:
Jim Boudreaux, 1510 North Carroll Avenue, Southlake, Texas;
Donna and Eric Bradle, 451 Marshall Road, Southlake, Texas;
Christi and Jeffrey Paul Brennan, 431 Marshall Road, Southlake, Texas;
Liz and Tom Carroll, 2020 Vail Road, Southlake, Texas;
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Jimmy Death, 901 Aspen Ridge Drive, Southlake, Texas;
Annie and John Dumbleton, 2804 Linden Lane, Southlake, Texas;
Chris and Elaine Ensenberger, 1505 North Carroll Avenue, Southlake, Texas;
David and Karen Flexer, 917 Silverton Street, Southlake, Texas;
Chet and Marie Foraker, 2802 Tyler Street, Southlake, Texas;
Lisa and Stan Fore, 1101 Bay Meadows Drive, Southlake, Texas;
Mark J. Fragia, 526 Round Hollow Lane, Southlake, Texas;
Jan and Jere Francis, 1211 Ashmoore Court, Southlake, Texas;
Richard and Tonia Harshaw, 541 Round Hollow Lane, Southlake, Texas;
Boyd Herndon, 1201 Ashmoore Court, Southlake, Texas;
George and Lou Ann Heath, 1100 Primrose, Southlake, Texas;
Jennie Hocking, 1515 North Carroll Avenue, Southlake, Texas;
John Jay, 540 Round Hollow Lane, Southlake, Texas;
Barbara and Barry Johnson, 1408 Whispering Dell Court, Southlake, Texas;
Jeffrey Johnson, 2606 North Carroll Avenue, Southlake, Texas;
Kim Lee, 775 Black Forest Court, Southlake, Texas;
Gloria Lorio, 1212 Ashmoore Court, Southlake, Texas;
Mick and Peggy Martin, 630 Castle Rock Drive, Southlake, Texas;
Suzy Matin, Idlewood, Southlake, Texas;
Janelle and Neil McNabnay, 419 Marshall Road, Southlake, Texas;
Paul and Rhonda Moorefield, 2004 Vail Road, Southlake, Texas;
Cami Moseley, 445 Marshall Road, Southlake, Texas;
Ken Phillips, 774 Castle Rock, Southlake, Texas;
Brian Pierret, 845 East Dove Road, Southlake, Texas;
Michelle and Shane Platt, 2104 Woodbine Circle, Southlake, Texas;
Tim Raley, 440 West Highland Street, Southlake, Texas;
Ben and Dona Robinson, 454 Marshall Road, Southlake, Texas;
Linda and Tim Rooney, 904 Silverton Street, Southlake, Texas;
Cary Rosenberg, 504 Round Hollow Lane, Southlake, Texas;
Patricia Sharkey, 404 Marshall Road, Southlake, Texas;
Tim Shen, 2105 Woodbine Circle, Southlake, Texas;
John Thomas, 2113 Vail Road, Southlake, Texas;
Beckie and John Underwood, 1407 Whispering Dell Court, Southlake, Texas;
Jennifer Welday, 530 Round Hollow Lane, Southlake, Texas;
Karen Whitaker, 505 San Jaun Drive, Southlake, Texas;
Marvin Williams, 1525 North Carroll Avenue, Southlake, Texas;
Jamie and Jolene Wooldridge, 404 Stockton Drive, Southlake, Texas; and,
Alex and Karen Zaal, 1203 Ashmoore Court, Southlake, Texas.
The following people filled out comment cards in support but did not wish to speak:
Susan Ansley, 607 Loving Court, Southlake, Texas;
Andrea Becicka, 423 Marshall Road, Southlake, Texas;
Sandy Boyd, 140 East Southlake Boulevard, Southlake, Texas;
Brad Cavnar, 1501 Corporate Circle, Suite 100, Southlake, Texas;
Kristina Hayes, 1208 Golden Gate Drive, Southlake, Texas;
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Carolyn Hobbs, 1404 Chimney Works Drive, Southlake, Texas;
Merlene Ingraham, 5902 Crescent Lane, Colleyville, Texas;
Don Johnson, 817 Pearl, Southlake, Texas;
Jim Patterson, 2708 Miles City Court, Southlake, Texas;
Tommy Pennington;
Giovanna Phillips, 1501 Corporate Circle, Southlake, Texas;
Michael L. Waldman, 713 Longford Drive, Southlake, Texas;
Ray Tremain, 1410 Kensington Court, Southlake, Texas; and,
Brian Zvonecek, 513 Fox Glen, Southlake, Texas.
Sid Lorio, 1212 Ashmoore Court, Southlake, Texas filled out a comment card but did not
state a position.
st
Motion was made to table Ordinance No. 480-564, 1 Reading (ZA08-031), Zoning
Change and Development Plan for Carillon Southlake to the October 7, 2008 City
Council meeting.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Tabled: 7-0
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
10:25 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary’s Office.
______________________________
Andy Wambsganss
Mayor
ATTEST:
______________________________
Lori Payne, TRMC
City Secretary
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