Item 4AREGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 2, 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, Manager of
Technical Services Gary Gregg, 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 Sharon Guess, Assistant Director of Finance Sean Leonard, Director of Human
Resources Kevin Hugman, Interim Chief of Police Services Robert Finn, Interim Fire
Chief Mike Starr, Director of Planning and Development Services Ken Baker, Deputy
Director of Planning and Development Services Dennis Killough, 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 4:09 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. FY2009 Budget. City Manager Yelverton presented this item to
Council. She discussed the following areas: how the City is achieving fiscal health; the
various revenue funds; the multi-year projections; the target budget process;
expenditures; debt management initiatives; and various fund balances. City Manager
Yelverton finished her initial presentation by discussing long-term fiscal wellness.
Assistant City Manager Thatcher, Director Price, Interim Director Tribble and Director
Baker presented the Capital Improvement Program to Council. Council discussed this
item and asked questions of staff.
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Agenda Item 4. Erosion and Sediment Control. Director Price presented this item to
Council and answered Council’s questions.
Agenda Item No. 5. 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 6A to the September 16, 2008 City Council meeting and
to approve item 9A.
Mayor Wambsganss closed the work session at 5:48 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:48 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, consultation with attorney; 551.072 and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 5:48 p.m. Executive Session began at 6:23 p.m. Executive Session ended at
6:55 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:06 p.m. and asked if any action was necessary from Executive Session. No action
was necessary.
Agenda Item No. 3A. Mayor’s Report. Mayor Wambsganss announced upcoming
meetings and events.
Agenda Item No. 3A1. Proclamation for Polycystic Kidney Disease Awareness Month.
Mayor Wambsganss presented the proclamation to Carolyn Morris, Jamie Cadiz and
the McMillan family whose daughter, Lauren, is a poster child for this year’s PKD
Children’s Walk.
Agenda Item No. 3A2. Proclamation in recognition of the Southlake Green Dragons
winning the USSSA 16U State Baseball Championship. Mayor Wambsganss presented
the proclamation to Coach Dan Tanksley and team members for their recent win of the
State baseball championship.
Agenda Item No. 3B.City Manager’s Report. A report was not given.
Agenda Item No. 3C. Parks and Recreation Board Report. Park Board member Julie
Landesberg updated Council on upcoming park activities and meetings.
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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 August 19, 2008, regular City
Council meeting. A presentation was not made on this item. The minutes were
approved as presented.
Agenda Item No. 4B.Excuse a City Council member for absences from meetings. The
Council excused the absences of Deputy Mayor Pro Tem Jones from the August 5 and
the August 19, 2008 City Council meetings.
Agenda Item No. 4C. Resolution No. 08-046, Annual review of Investment Policy and
Investment Strategies. 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 COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
ANNUAL REVIEW OF INVESTMENT POLICY AND INVESTMENT STRATGIES.
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Agenda Item No. 4D. Ordinance No. 945, 1 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. A presentation was not made on this item.
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Agenda Item No. 4E. Ordinance No. 480-509A, 1 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. A presentation was not made on this item.
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. The applicant requested to table this item to the September 16,
2008 City Council meeting. After discussing the large number of items already on that
agenda, Council agreed to table this item to the September 16, 2008 meeting or a later
meeting depending on a case management analysis.
Agenda Item No. 9A. Award a construction contract to Legacy Contracting, LP in the
amount of $776,867 for the wholesale meter station improvements and provide for
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construction phase contingencies or reject all bids. Deputy Director Mayer presented
this item to Council during the work session.
Motion was made to approve consent agenda items 4A; 4B to excuse the absences of
Deputy Mayor Pro Tem Jones from the August 5 and the August 19, 2008 City Council
meetings; 4C; 4D; 4E; to table item 6A to the September 16, 2008 City Council meeting
or a later meeting depending on a case management analysis; and to approve 9A.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke.
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Agenda Item No. 6B. Ordinance No. 480-566, 2 Reading (ZA08-056), Zoning Change
and Concept Plan for Lots 9 – 12, J.H. Childress No. 254 Addition on property located
at 3010 Lake Drive. Current Zoning: AG Agricultural District. Requested Zoning: SF-20B
Single Family Residential District. SPIN Neighborhood #3. Director Baker presented this
item 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
TRACT 3D02, JOHN HEIRS CHILDRESS SURVEY, ABSTRACT NO. 254, BEING
APPROXIMATELY 1.977 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-20B”
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.
No one spoke during the public hearing.
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Motion was made to approve Ordinance No. 480-566, 2 Reading (ZA08-056), Zoning
Change and Concept Plan for Lots 9 – 12, J.H. Childress No. 254 Addition, as
presented, noting the requested variance on the tree canopy cover, and subject to
Concept Plan Review Summary No. 2, dated August 1, 2008.
Motion: Stansell
Second: Terrell
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6C. ZA08-057, Plat Showing for Lots 9 – 12, J.H. Childress No. 254
Addition, being Tract 3D2, J.H. Childress Survey, Abstract No. 254, located at 3010
Lake Drive. Current Zoning: AG Agricultural District. Proposed Zoning: SF-20B Single
Family Residential District. SPIN Neighborhood #3. Director Baker presented this item
in conjunction with item 6B.
Motion was made to approve ZA08-057, Plat Showing for Lots 9 – 12, J.H. Childress
No. 254 Addition, as presented subject to Plat Review Summary No. 2, dated August 1,
2008.
Motion: Stansell
Second: Terrell
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
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Agenda Item No. 6D. Ordinance No. 941, 2 Reading, Adopt an ordinance to dedicate
a public utility easement for public purposes on city owned property at Bicentennial Park
for the construction of a right turn deceleration lane along West Southlake Boulevard.
Deputy Director Mayer 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 DEDICATING A PUBLIC UTILITY EASEMENT FOR PUBLIC USE
UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT BICENTENNIAL
PARK LOCATED AT 300 WEST SOUTHLAKE BOULEVARD, DESCRIBED AS
LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686 IN THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT
IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO
EXECUTE THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
nd
Motion was made to approve Ordinance No. 941, 2 Reading, Adopt an ordinance to
dedicate a public utility easement for public purposes on city owned property at
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Bicentennial Park for the construction of a right turn deceleration lane along West
Southlake Boulevard as 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. 6E. Ordinance No. 942, 1 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. Mayor Wambsganss introduced this
item to Council. Staff presented this item during the work session and discussed this
item with Council at that time.
No one spoke during the public hearing.
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Motion was made to approve Ordinance No. 942, 1 Reading, Approve and adopt the
annual budget for Fiscal Year 2009, approve the revised budget figures for Fiscal Year
2008, and the multi-year Capital Improvement Plan as previously 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. 6F. Ordinance No. 943, 1 Reading, Tax Levy Ordinance. Mayor
Wambsganss introduced this item to Council. Staff presented this item during the work
session and discussed this item with Council at that time.
No one spoke during the public hearing.
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Motion was made to approve Ordinance No. 943, 1 Reading, Tax Levy Ordinance and
to move that property taxes be increased by the adoption of a tax rate of $0.462.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
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Agenda Item No. 6G. Ordinance No. 944, 1 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.
Mayor Wambsganss introduced this item to Council. Staff presented this item during the
work session and discussed this item with Council at that time.
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Motion was made to approve Ordinance No. 944, 1 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.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
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Agenda Item No. 7A. Ordinance No. 480-565, 1 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 Curtis Young of the Sage Group answered Council’s questions.
Council discussed this item.
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Motion was made to approve Ordinance No. 480-565, 1 Reading (ZA08-050), Zoning
Change and Site Plan for CySolutions Office Complex granting requested variances;
noting the applicant’s agreement to provide a common access easement at the north
end of the north parking lot that would be platted; noting the applicant’s agreement to
provide fencing on the eastern edge of the property and to bring back representations of
the fence for the next reading; and subject to Site Plan Review Summary No. 2, dated
July 29, 2008.
Motion: Terrell
Second: Stansell
Ayes: Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: Hill
Approved: 6-1
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Agenda Item No. 7B. Ordinance No. 480-567, 1 Reading (ZA08-007), Zoning Change
and Site Plan for Legacy Business Park on property located at 240 South Peytonville
Avenue and described as Lot 3, Akard Addition. Current Zoning: S-P-2 Generalized Site
Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood
#16. Deputy Director Killough presented this item to Council in conjunction with item 7C.
City Attorney Taylor discussed the unified development plan that is currently in place on
all of the five properties and what would occur if portions of the properties were to
change zoning as is being requested. Council discussed this item.
Mayor Wambsganss read comment cards of those who wished to record their support
but did not want to speak:
Jeanie and Larry Akard, 260 South Peytonville Avenue, Southlake, Texas;
Don Davis, 200 South Peytonville Avenue, Southlake, Texas;
David Edwards, 1400 Civic Place #223, Southlake, Texas; and,
Wanda May, 280 South Peytonville Avenue, Southlake, Texas.
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Lamar May, 280 South Peytonville Avenue, Southlake, Texas, said that based on the
information he learned tonight, he is no longer in support of this zoning request.
Kirk Koogler, 1015 South Peytonville Avenue, Southlake, Texas discussed the
proposed site plan and the possibility of an overall unified development plan.
Robert Lieber asked questions about the existing approved development plan on these
properties.
Vickie Davis, 200 Southlake Peytonville Avenue, Southlake, Texas asked for
clarification of Council’s direction to the residents.
City Attorney Taylor recommended that Council remand items 7B and 7C back to the
Planning and Zoning Commission with a request that they re-notice the public hearings
on all five lots and make the notices broad enough to give the Commission the right to
consider all uses in order to determine the highest and best use for these properties.
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Motion was made to remand Ordinance No. 480-567, 1 Reading (ZA08-007), Zoning
Change and Site Plan for Legacy Business Park back to the Planning and Zoning
Commission directing them to convene a rezoning public hearing on all five lots covered
by the S-P-2 concept plan and site plan for this project and to conduct public hearings to
determine the highest and best use of the property in a community sense and to forward
a rezoning recommendation to the City Council for final action.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
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Agenda Item No. 7C. Ordinance No. 480-543, 1 Reading (ZA07-126), Zoning Change
and Concept Plan for 200 South Peytonville Avenue on property being legally described
as Tract 3C02, W.R. Eaves Survey, Abstract No. 500. Current Zoning: S-P-2
Generalized Site Plan District. Requested Zoning: O-1 Office District. SPIN
Neighborhood #16. Deputy Director Killough presented this item to Council in
conjunction with item 7B.
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Motion was made to remand Ordinance No. 480-543, 1 Reading (ZA07-126), Zoning
Change and Concept Plan for 200 South Peytonville Avenue back to the Planning and
Zoning Commission directing them to convene a rezoning public hearing on all five lots
covered by the S-P-2 concept plan and site plan for this project and to conduct public
hearings to determine the highest and best use of the property in a community sense
and to forward a rezoning recommendation to the City Council for final action.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
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Nays: None
Approved: 7-0
Mayor Wambsganss called for a break at 8:23 p.m. and reconvened the meeting at 8:36
p.m.
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Agenda Item No. 7D. Ordinance No. 480-568, 1 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.
Deputy Director Killough presented this item to Council and answered their questions.
Director Price answered Council’s questions. Applicant James Wahlberg, 913 Carriage
Way, Southlake, Texas answered Council’s questions.
Council discussed access to the back lot.
Mayor Pro Tem Terrell went on record to state that this particular property has some
extenuating circumstances. If he supports this item, it does not mean that he would
necessarily support any other property owner who, coincidentally, sells off the back half
of their property.
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Motion was made to approve Ordinance No. 480-568, 1 Reading (ZA08-046), Zoning
Change and Concept Plan for Lots 22 and 23, T.M. Hood No. 706 Addition specifically
granting the requested variance on the street frontage; denying the requested variance
on the sidewalk requirement; accepting the applicant’s agreement to expand the access
easement from 10’ to 15’; and subject to Concept Plan Review Summary No. 2, dated
August 15, 2008.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9B. Consider SP08-199, Conditional Sign Permit for East Southlake
#2 LTD located at 910 East Southlake Boulevard. Deputy Director Killough presented
this item to Council. Applicant’s representative Skip Blake of Blake Architects and
property owner, Dr. Angelo Mendes, answered Council’s questions. After discussion,
Mr. Blake asked to table this item to allow time for further evaluation.
Motion was made to table SP08-199, Conditional Sign Permit for East Southlake #2
LTD located at 910 East Southlake Boulevard.
Motion: Muzyka
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
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Tabled: 7-0
Deputy Mayor Pro Tem Jones recused himself from the next item due to the fact that
the applicant’s are his clients.
Agenda Item No. 9C. Consider SP08-210, Conditional Sign Permit for 280 Sports
Complex located at 280 Commerce Street. Deputy Director Killough presented this item
to Council. Applicants Kevin and Christie Abercrombie answered Council’s questions.
Council discussed this request and various signage options. The Abercrombie’s asked
to table this item to allow time for further evaluation.
Motion was made to table SP08-210, Conditional Sign Permit for 280 Sports Complex
located at 280 Commerce Street.
Motion: Terrell
Second: Hill
Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Tabled: 6-0
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
9:59 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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