Item 4AREGULAR CITY COUNCIL MEETING MINUTES: JUNE 3, 2008
LOCATION
:1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT
: Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris,
Deputy Mayor Pro Tem Virginia M. Muzyka, and Councilmembers Gregory Jones
(arrived at 5:30 p.m.), John Terrell, and Vernon Stansell.
CITY COUNCIL ABSENT
:CouncilmemberLaura K. Hill.
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
Information Systems 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, Director of Human
Resources Kevin Hugman, Interim Chief of Fire Services Mike Starr, Interim Chief of
Police Services Robert Finn, Police Captain Rusty Daniels, Director of Planning and
Development Services Ken Baker, Deputy Director of Planning and Development
Services Dennis Killough, Planner II Richard Schell, Chief Building Official Paul Ward,
Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon
Mayer, 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 5:12 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. Town Square security camera demonstration. Assistant City
Manager / Director Blagg introduced this item to Council. Captain Daniels gave a
presentation on the cameras and answered Council’s questions.
Agenda Item No. 4. Discuss all items on tonight’s meeting agenda. City Council
reviewed the agenda items with city staff. Item 8A was added to the consent agenda.
Mayor Wambsganss closed the work session at 5:41 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 5:41 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, and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 5:41 p.m., however, ultimately an Executive Session was not held.
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. A report was not given.
Agenda Item No. 3B1. Introduction of new Community Services Construction Manager,
Peter Kao. A presentation was not made on this item.
Agenda Item No. 3C.Library Board Report. A written report was provided to Council.
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 May 20, 2008, regular City Council
meeting. During the work session, Councilmember Terrell clarified his motion on item
6C, Ordinance No. 880-A, from the minutes of May 20, that the “institutions” mentioned
in his motion related to schools and hospitals only and not any other institution. Council
agreed with his clarification.
Agenda Item No. 4B. Approve a professional services agreement with Huitt Zollars, Inc.
in the amount of $515,000 for the design of North White Chapel Boulevard from
Emerald Boulevard to Highland Street. A presentation was not made on this item.
Agenda Item No. 4C. Approve an interlocal agreement with Tarrant County for
construction of North White Chapel Boulevard from Emerald Boulevard to Highland
Street.A presentation was not made on this item.
Agenda Item No. 4D. Approve a contract with Tarrant County for tax collection. A
presentation was not made on this item.
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Agenda Item No. 4E. Ordinance No. 895-A, 1 Reading, Approve an amendment to the
City of Southlake Water Conservation Ordinance per contractual obligation with the City
of Fort Worth. A presentation was not made on this item.
Agenda Item No. 8A. Resolution No. 08-013, Amend the fee schedule. Director Jackson
presented this item to Council during the work session and answered questions. 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, AMENDING RESOLUTION
NO. 99-57; PROVIDING THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL
PROVISIONS OF RESOLUTION NO. 99-57, NO. 97-59, NO. 94-46, NO. 94-61, NO.
95-05, NO. 95-34, NO. 95-50, NO. 96-57, NO. 97-50, NO. 97-59, NO. 99-07, NO. 00-
105, NO. 01-149, NO. 03-072, AND NO. 06-016 AND PROVIDING AN EFFECTIVE
DATE.
Motion was made to approve consent agenda items 4A clarifying the motion on item 6C,
Ordinance No. 880-A, that the “institutions” mentioned related to schools and hospitals
only and not any other institution; 4B; 4C; 4D; 4E; and 8A.
Motion: Terrell
Second: Jones
Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
REGULAR AGENDA
Mayor Wambsganss announced since it was not yet 7:00 p.m., Council would delay the
public forum until immediately following the first agenda item since it is Council’s
practice to wait until at least 7:00 p.m. to open the public forum.
Agenda Item No. 6A. ZA07-167, Site Plan for Xaris Office Development on property
located at the northwest corner of East State Highway 114 and North Carroll Avenue
being 1050 East State Highway 114. Current Zoning: C-3 General Commercial District.
SPIN Neighborhood #6. Planner Schell presented this item to Council. Applicant Aaron
Harris with Integrity Development, 700 Gateshead Court, Southlake, Texas, answered
Council’s questions.
No one spoke during the public hearing.
Motion was made to approve ZA07-167, Site Plan for Xaris Office Development
granting the requested variances to the bufferyards, stacking depth, and parking;
specifically noting the applicant’s agreement to provide six-inch cedar elm instead of the
three-inch cedar elm for the 19 trees referenced on the landscaping plan; noting the
corner sign feature will be considered at a later date with no approval on the signage at
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that location right now; and subject to Site Plan Review Summary No. 5, dated May 20,
2008.
Motion: Terrell
Second: Morris
Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 5. Public Forum. Mayor Wambsganss opened the public forum.
Robert Medigovich spoke to Council regarding his company, Community Waste
Disposal.
Kenneth Horne spoke to Council regarding gas drilling and asked for clarification of
Council’s approval of the 1,000’ distance requirement.
Mayor Wambsganss closed the public forum.
nd
Agenda Item No. 6B. Ordinance No. 480-561, 2 Reading (ZA07-135), Zoning Change
and Site Plan for Northeast Baptist Church on property being legally described as Tract
6F02, J.G. Allen Survey, Abstract No. 18 and Lot 11, J.G. Allen No. 18 Addition; located
at 1000 Davis Boulevard and 2785 Union Church Road. Current Zoning: AG Agricultural
District and SF-1A Single Family Residential District. Requested Zoning: CS Community
Service District. SPIN Neighborhood #15. Deputy Director Killough presented this item
to Council in conjunction with item 6C. Applicant Skip Blake from Blake Architects, 1202
South White Chapel Boulevard, 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 6F02, J.G. ALLEN SURVEY, ABSTRACT NO. 18 AND LOT 11, J.G. ALLEN
NO. 18 ADDITION BEING APPROXIMATELY 3.5 ACRES AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT
AND “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT TO “CS” COMMUNITY
SERVICE 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;
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PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
No one spoke during the public hearing.
nd
Motion was made to approve Ordinance No. 480-561, 2 Reading (ZA07-135), Zoning
Change and Site Plan for Northeast Baptist Church specifically granting requested
variances but allowing the applicant the opportunity to complete the installation of the
trail segment “30-S” and the footbridge through the floodplain within two years of the
approval; granting waiver on height restriction to 64-foot for the church spire only; and
subject to Revised Site Plan Review Summary No. 4, dated May 14, 2008.
Motion: Terrell
Second: Jones
Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6C. ZA07-136, Plat Revision for Lot 11R, J.G. Allen No. 18 Addition,
being a replat of property currently described as Tract 6F02, J.G. Allen Survey, Abstract
No. 18 and Lot 11, J.G. Allen No. 18 Addition; located at 1000 Davis Boulevard and
2785 Union Church Road. Current Zoning: AG Agricultural District and SF-1A Single
Family Residential District. Proposed Zoning: CS Community Service District. SPIN
Neighborhood #15. Deputy Director Killough presented this item to Council in
conjunction with item 6B. Applicant Skip Blake from Blake Architects answered
Council’s questions.
Motion was made to approve ZA07-136, Plat Revision for Lot 11R, J.G. Allen No. 18
Addition subject to Revised Plat Review Summary No. 2, dated May 28, 2008.
Motion: Terrell
Second: Jones
Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6D. ZA08-022, Site Plan for Gateway Church Phase I, located along
the north side of East State Highway 114, between North Carroll Avenue and North
Kimball Avenue. Current Zoning: NRPUD Non-Residential Planned Unit Development
District. SPIN Neighborhood # 6. Director Baker presented this item to Council.
Applicant Doug Slaeter from Gateway Church made a presentation and answered
Council’s questions. Jim Mansey from TBG Partners addressed the proposed
landscaping.
Council discussed this item.
No one spoke during the public hearing.
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Motion was made to approve ZA08-022, Site Plan for Gateway Church Phase I, subject
to the representations made by the applicant this evening; noting the Council is not
granting a variance on the high pressure sodium lights at this time; subject to the
recommendations of the Planning and Zoning Commission; noting the applicant will
come back at a later date regarding the signage at the corner under a separate plan
with the landscaping; and subject to Site Plan Review Summary No. 2, dated May 5,
2008.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Mayor Wambsganss called for a break at 8:35 p.m. and reconvened the meeting at 8:49
p.m.
Agenda Item No. 6E. Resolution No. 08-022 (ZA08-027), Specific Use Permit for
Verizon Wireless telecommunications antenna on property located at 1205 South White
Chapel Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #9W. Planner Schell presented this item to Council. 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,
GRANTING A SPECIFIC USE PERMIT FOR TELECOMMUNICATIONS TOWERS,
ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 2R2, H. MEDLIN NO.
1038 ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”,
AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE.
Mayor Wambsganss opened the public hearing.
Applicant Lisa Campbell from Verizon Wireless addressed Council.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Resolution No. 08-022 (ZA08-027), Specific Use Permit
for Verizon Wireless telecommunications antenna granting the requested variance and
subject to Site Plan Review Summary No. 1, dated April 23, 2008.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
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Agenda Item No. 7A. Ordinance No. 480-555, 1 Reading (ZA07-058), Zoning Change
and Development Plan for East Haven Addition on property being legally described as
Lots 7R, 8R, 20R, and 21R, East Haven Addition and Tracts 1A, 2A, 2A2, 2A3, and
2B1, Hollingsworth and Barnett Survey, Abstract No. 787 and located along Haven
Circle (formerly known as East and West Perry Circle) and along the south side of the
900 block of East Continental Boulevard. Current Zoning: I1 Light Industrial District and
AG – Agricultural District. Requested Zoning: R-PUD Residential Planned Unit
Development District. SPIN Neighborhood #9e. Deputy Director Killough presented this
item to Council. Applicant Ottis Lee with Civil Works Engineering, 1192 Bowling Ranch
Road, Azle, Texas made a presentation and answered Council’s questions.
Council discussed this item.
Mayor Wambsganss announced City Council would be going into Executive Session
pursuant to the Texas Government Code Section 551.071, consultation with attorney.
City Council adjourned for Executive Session at 9:05 p.m. The Executive Session
began at 9:05 p.m. and ended at 9:16 p.m. Mayor Wambsganss reconvened the
meeting at 9:16 p.m.
Council continued discussion of this item with Mr. Lee.
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Motion was made to approve Ordinance No. 480-555, 1 Reading (ZA07-058), Zoning
Change and Development Plan for East Haven Addition subject to the
recommendations of the Planning and Zoning Commission; noting the applicant’s
agreement to enter into a developer’s agreement which will entail the installation of a
footbridge along Continental Boulevard within the city right-of-way subject to
reimbursement by the city within that developer’s agreement; subject to Development
Plan Review Summary No. 5, dated April 30, 2008; and requiring developer to bring
back a more detailed landscaping plan for the park by the second reading.
Motion: Stansell
Second: Terrell
Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 9A. Consider SP08-121, Variance to the Gateway Plaza Phase I
Conditional Sign Permit for Rugs N Floors, located at 2960 East Southlake Boulevard,
Suites 140 and 150. Deputy Director Killough presented this item to Council. The
applicant was not present.
Council discussed this request.
Motion was made to approve SP08-121, Variance to the Gateway Plaza Phase I
Conditional Sign Permit for Rugs N Floors allowing the second sign and logo with the
same sized lettering and logo as the existing sign and no larger.
Motion: Terrell
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Second: Muzyka
Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 9B. Consider SP08-122, Variance to Sign Ordinance No. 704-C for
Adams Engineering, located at 910 South Kimball Avenue in the Champion Crossing
development. Deputy Director Killough presented this item to Council. Applicant Jeff
Baiden from Architectural Images answered Council’s questions.
Council discussed this request. The Council discussed tabling this item to the next
Council meeting to allow the applicant time to revise his sign request based on the
discussion this evening. The Mayor stated this item could be placed on the consent
agenda and be heard early in the evening.
Motion was made to table SP08-122, Variance to Sign Ordinance No. 704-C for Adams
Engineering, to the June 17, 2008 City Council meeting.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 9C. Consider SP08-125, Variance to Sign Ordinance No. 704-C for
Ethan Allen Southlake, located at 2171 East Southlake Boulevard. Deputy Director
Killough presented this item to Council. Applicant’s representative Ann Creighton, 705
Lakehurst Court, Southlake, Texas; Terry Brockett from Starlight Sign Company, 7923
East McKinney, Denton, Texas; and Store Manager Wolfgang Binner presented this
item and answered Council’s questions.
Council discussed this request.
Motion was made to approve SP08-125, Variance to Sign Ordinance No. 704-C for
Ethan Allen Southlake, allowing the front sign being 30-inch maximum letter height and
the sign above the door as shown and not approving the signs requested on the east
and west elevations of the building.
Motion: Terrell
Second: Stansell
Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
10:00 p.m.
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*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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