Item 4A (2)CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 4, 2007
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 Laura K. Hill, Gregory
Jones (arrived at 5:17 p.m.), Vernon Stansell and John Terrell.
CITY COUNCIL ABSENT
: None.
STAFF PRESENT
:City Manager Shana Yelverton, Assistant City Manager / Director of Public
Safety Jim Blagg, Assistant City Manager Ben Thatcher, Community Relations Officer Pilar
Schank, Manager of Information Services Gary Gregg, Information Systems Technician Sam
Cobb, Director of Community Services Steve Polasek, Deputy Director of Community Services
Chris Tribble, Director of Economic Development Greg Last, Director of Finance Sharen
Jackson, Chief of Police Services Wade Goolsby, Director of Human Resources Kevin Hugman,
Director of Planning and Development Services Ken Baker, Chief Planner Jay Narayana,
Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, City
Attorney Tim Sralla, 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 5:13 p.m.
Agenda Item No. 2. Invocation. Chaplain David Whitington 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
consent agenda items with city staff. Items 6D and 6E to table to the October 16, 2007, regular
City Council meeting, and item 7A to table to the September 25, 2007, special City Council
meeting were added to the consent agenda. The work session ended at 5:23 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:23 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 the city attorney, and Section 551.087, deliberation regarding economic
development negotiations. City Council adjourned for Executive Session at 5:24 p.m. Executive
Session began at 5:40 p.m. and ended at 6:30 p.m.
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Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:39
p.m. and asked if any action was necessary from Executive Session. No action was necessary.
Mayor Wambsganss announced Council would hold the report section of the agenda and public
forum until later in the meeting.
CONSENT AGENDA:
Consent agenda items are considered to be routine by the City Council
and are enacted with one motion.
Agenda Item No. 4A. Approve the minutes from the August 14, 2007, special meeting with the
City Council and the August 21, 2007, regular City Council meeting. A presentation was not
made on this item.
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Agenda Item No. 4B. Ordinance No. 913, 1 Reading, Affecting participation of city employees
in the Texas Municipal Retirement System (TMRS), granting the additional rights authorized by
Section 854.202(g) of Title 8, Texas Government Code -- adopting a 20-year / any age service
retirement option; and prescribing an effective date. A presentation was not made on this item.
Agenda Item No. 4C. This item was intentionally left blank.
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Agenda Item No. 4D. Ordinance No. 480-530, 1 Reading (ZA07-080), Zoning Change and
Concept Plan for 1090 Primrose Lane on property being legally described as Tract 2C2, A.H.
Chivers Survey, Abstract No. 299, and being located at 1090 Primrose Lane. Current Zoning:
AG Agricultural District. Requested Zoning: SF-30 Single Family Residential District. SPIN
Neighborhood #5. A presentation was not made on this item.
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Agenda Item No. 4E. Ordinance No. 480-LLL, 2 Reading, An amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2
Single Family Residential Zoning District. This item has been tabled to the September 18, 2007,
regular City Council meeting.
Agenda Item No. 4F. Consider SP07-232, Variance to Sign Ordinance No. 704-C for Petsmart
located at 200 Village Center Drive. The applicant requested to table this item to the October 2,
2007, regular City Council meeting.
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Agenda Item No. 6D. Ordinance No. 480-529, 2 Reading (ZA07-070), ORIGINAL REQUEST
AS ADVERTISED: Zoning Change and Concept Plan for Woodbury Addition on property being
legally described as Tracts 1B1A1 and 1B1A, T. J. Thompson Survey, Abstract No. 1502 and
Lot 1, T.J. Thompson No. 1502 Addition and being located at 2100 West Continental Boulevard,
2020 West Continental Boulevard, and 2030 West Continental Boulevard. Current Zoning: SF-
30 Single Family Residential District, AG Agricultural District, and S-P-1 Detailed Site Plan
District. Requested Zoning: SF-20A Single Family Residential District. AMENDED REQUEST:
Zoning Change and Concept Plan for Woodbury Addition on property being legally described as
Tracts 1B1A1 and 1B1A, T.J. Thompson Survey, Abstract No. 1502 and being located at 2020
West Continental Boulevard and 2030 West Continental Boulevard. Current Zoning: AG
Agricultural District and S-P-1 Detailed Site Plan District. Requested Zoning: SF-20A Single
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Family Residential District. SPIN Neighborhood #16. The applicant requested to table this item
to the October 16, 2007, regular City Council meeting.
Agenda Item No. 6E. ZA07-071, Preliminary Plat for Woodbury Addition on property being
legally described as Lot 1, T.J. Thompson, No. 1502 Addition; Tracts 1B1A1 and 1B1A, T.J.
Thompson Survey, Abstract No. 1502; located at 2100, 2020, and 2030 West Continental
Boulevard. Current Zoning: SF-30 Single Family Residential District, AG Agricultural District,
S-P-1 Detailed Site Plan District. Proposed Zoning: SF-20A Single Family Residential District.
SPIN Neighborhood #16. The applicant requested to table this item to the October 16, 2007,
regular City Council meeting.
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Agenda Item No. 7A. Ordinance No. 480-QQQ, 1 Reading, Miscellaneous Amendments to the
Comprehensive Zoning Ordinance 480, as amended, relating to Accessory Structure Standards in
Residential Zoning Districts. Director Baker presented this item to Council during the work
session. This item was tabled to the September 25, 2007, special City Council meeting.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D subject to Concept Plan
Review Summary No. 2, dated August 17, 2007; 4E to table to the September 18, 2007, City
Council meeting; 4F to table to the October 2, 2007, City Council meeting; 6D to table to the
October 16, 2007, City Council meeting; 6E to table to the October 16, 2007, City Council
meeting; and 7A to table to the September 25, 2007, special City Council meeting.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
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Agenda Item No. 7E. Ordinance No. 480-492, 1 Reading (ZA06-045), Zoning Change for a
portion of Lot 1, Block 1, Arnold Estates, situated at 1275 Shady Oaks Drive with access
through 520 West Highland Street. Current Zoning: RE Single Family Residential Estate
District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #11.
A presentation was not made on this item.
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Motion was made to table Ordinance No. 480-492, 1 Reading (ZA06-045), Zoning Change for
a portion of Lot 1, Block 1, Arnold Estates, to the September 18, 2007, City Council meeting.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6A. Approve the Southlake Crime Control and Prevention District FY 2008
Operating Budget and multi-year CIP. Assistant City Manager Blagg presented this item to
Council.
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No one spoke during the public hearing.
Motion was made to approve the Southlake Crime Control and Prevention District FY 2008
Operating Budget and multi-year CIP.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
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Agenda Item No. 6B. Ordinance No. 915, 1 Reading, Annual budget for FY 2008 and revised
budget figures for FY 2007 and multi-year CIP. Director Jackson presented this item to Council.
No one spoke during the public hearing.
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Motion was made to approve Ordinance No. 915, 1 Reading, Annual budget for FY 2008 and
revised budget figures for FY 2007 and multi-year CIP.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
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Agenda Item No. 6C. Ordinance No. 916, 1 Reading, Tax levy ordinance. There was not a
presentation on this item.
No one spoke during the public hearing.
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Motion was made to approve Ordinance No. 916, 1 Reading, Tax levy ordinance and to move
that property taxes be increased by the adoption of a tax rate of .462.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
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Agenda Item No. 6F. Ordinance No. 912, 2 Reading, Call a special election for November 6,
2007, for the purpose of amending the City Charter. City Manager Yelverton 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 OF SOUTHLAKE, TEXAS, CALLING A SPECIAL
ELECTION FOR NOVEMBER 6, 2007, FOR THE PURPOSE OF AMENDING THE CITY
CHARTER; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
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ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
No one spoke during the public hearing.
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Motion was made to approve Ordinance No. 912, 2 Reading, Call a special election for
November 6, 2007, for the purpose of amending the City Charter.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss announced Council would now hear the reports and the public forum.
Agenda Item No. 3A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and
events.
Agenda Item No. 3A2. Recognition of Carroll Senior High School's Pilot Production of Phantom
of the Opera. Mayor Wambsganss recognized Carroll Senior High School and introduced Stacie
Martinson, Co-Director of the Drama Department, who introduced the students who were
selected for the play.
Agenda Item No. 3A1. Proclamation for Polycystic Kidney Disease Awareness Month. Mayor
Wambsganss read the proclamation recognizing Polycystic Kidney Disease Awareness month
and presented the proclamation to Jamie Cadiz and Scott Clarke.
Mayor Pro Tem Morris recognized Scott Clarke for the donation of a kidney to her daughter,
Jamie, and reminded everyone of the upcoming PKD Walk on September 15, 2007.
Agenda Item No. 3B. City Manager’s Report. No report was given.
Agenda Item No. 3C. Local Business Report. Heather Simeral, General Manager, from
Coalvine’s Restaurant introduced her business to Council.
Agenda Item No. 5. Public Forum. No one spoke.
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Agenda Item No. 7B. Ordinance No. 480-531, 1 Reading (07-085), Zoning Change and
Concept Plan for Shady Oaks being approximately 96.3 acres located on the west side of the 800
– 1100 blocks of Shady Oaks Drive and on the east side of the 1000 – 1200 blocks of North
Peytonville Avenue, specifically including properties located at 820, 910, 1020 Shady Oaks
Drive and 985, 1005, and 1125 North Peytonville Avenue. Current Zoning: AG Agricultural
District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood
#13. Director Baker presented this item to Council. Applicants Kosse Maykus and Paul Spain
made a presentation and answered Council’s questions.
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Mayor Wambsganss read comment cards from those who did not wish to speak but wanted to
record their support:
C. Morgan Jones, 513 Coyote Road, Southlake, Texas;
Leslie and Louis Morris, 1030 Primrose Lane, Southlake, Texas;
Debbie and Tim Mullikin, 2225 North White Chapel Boulevard, Southlake, Texas; and,
Mary and Paul Soulier, 1005 Carroll Meadows Court, Southlake, Texas.
Mayor Wambsganss allowed the public to speak.
Larry Lee, 613 Silver Spur Drive, Southlake, Texas, spoke in support of this item.
Kim Heitman, 475 East Dove Road, Southlake, Texas, spoke in support of this item.
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Motion was made to approve Ordinance No. 480-531, 1 Reading (ZA07-085), Zoning Change
and Concept Plan for Shady Oaks noting that applicant has agreed to tie in sidewalks on the
exterior part of the property as presented this evening; noting that applicant will build stone walls
around the subdivision as presented this evening; noting that the wall on either side of street ‘A’
at Lot 17, Block 1 and Lot 1, Block 6, will transition in height and the applicant will have a plan
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for the wall by the 2 reading; City Council’s approval is subject to the quality design features
and other representations as presented by the applicant this evening; the interior fencing will be
permanent wrought iron; requiring the open wrought iron fencing along the north property line;
requiring the spine road to be constructed through to Peytonville Avenue at the same time as
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construction of Phase 2; requiring the streets to be made of concrete; requiring that by 2
reading, the applicant will find a solution to the fencing in back of Lots 5, 6, and 7, Block 7, and
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all similar lots with the same issues; requiring that by 2 reading, staff will work with the
applicant and with Council on a developer’s agreement; granting the requested variances
regarding the 40’ right-of-way instead of the 50’, requiring the collector streets to remain a
minimum of 60’ right-of-way but granting a variance to the collector road standards regarding
the radius, allowing a minimum of 20’ side yard setbacks adjacent to the street rather than 35’,
and granting relief from the 125’ width requirements on Lots 5, 6, 8, 10, Block 1, and Lots 3, 11,
12, Block 3; subject to the recommendations of the Planning and Zoning Commission; and
subject to Concept Plan Review Summary No. 3, dated August 17, 2007.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss called for a break at 8:53 p.m. and reconvened the meeting at 9:15 p.m.
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Agenda Item No. 7D. Ordinance No. 480-532, 1 Reading (ZA07-098), Zoning Change and
Development Plan for South Village at Watermere on property being legally described as Tract
4C and 6A2 and a portion of Tracts 4D and 6A, J.G. Allen Survey, Abstract No. 18, located at
2271 Union Church Road and 2451 Union Church Road. Current Zoning: AG Agricultural
District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN
Neighborhood #15. Director Baker presented this item in conjunction with item 7C. Applicant
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Rick Simmons made a presentation and answered Council’s questions. Engineer Joseph Reue
answered Council’s questions.
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Motion was made to approve Ordinance No. 480-532, 1 Reading (ZA07-098), Zoning Change
and Development Plan for South Village at Watermere specifically noting the applicant’s
agreement to match the side of all buildings with 85% masonry; requiring the rear elevations of
those buildings to be as presented this evening; requiring the age restriction of 55 years of age as
noted by the applicant; subject to representations made by the applicant in tonight’s presentation;
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requiring the applicant to show renderings of parking areas by the tennis courts by the 2
reading; requiring more information and visuals of the open space lot on Union Church Road and
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of the proposed gates by the 2 Reading; granting the requested variance; including the
applicant’s agreement to plant four trees per lot; subject to the recommendations of the Planning
and Zoning Commission; and subject to the Revised Development Plan Review Summary No. 1,
dated August 17, 2007.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: Stansell
Approved: 6-1
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Agenda Item No. 7C. Ordinance No. 480-476a, 1 Reading (ZA07-097), Zoning Change and
Concept Plan for South Village at Watermere on property being legally described as Tracts 4F,
4F1, 5A1B, 6A1, and 6B4 and a portion of Tracts 4D, 4G, and 6A, J.G. Allen Survey, Abstract
No. 18, and being located at 2271 Union Church Road, 2811 West Southlake Boulevard, 2809
West Southlake Boulevard, 2815 West Southlake Boulevard, 2801 West Southlake Boulevard,
2477 Union Church Road, and 2451 Union Church Road. Current Zoning: AG Agricultural
District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15.
Director Baker presented this item in conjunction with item 7D. Applicant Rick Simmons made
a presentation and answered Council’s questions. Engineer Joseph Reue answered Council’s
questions.
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Motion was made to approve Ordinance No. 480-476a, 1 Reading (ZA07-097), Zoning Change
and Concept Plan for South Village at Watermere subject to the recommendations of the
Planning and Zoning Commission; subject to City Council’s prior motion on Agenda Item No.
7D; and subject to the Concept Plan Review Summary No. 1, dated August 17, 2007.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: Stansell
Approved: 6-1
Agenda Item No. 9A. Consider SP07-275, Variance to the Gateway Plaza Phase II (Wyndham
Plaza) Conditional Sign Permit for Michael Anthony’s, located at 2750 East Southlake
Boulevard, Suite 140. Chief Planner Narayana presented this item to Council. Applicant Bill
Vern, 2233 Delante, Fort Worth, Texas, made a presentation and answered Council’s questions.
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After discussion, Mr. Vern asked to table this item to the next meeting in order to review
suggested changes from Council.
Motion was made to table SP07-275, Variance to the Gateway Plaza Phase II (Wyndham Plaza)
Conditional Sign Permit for Michael Anthony’s, located at 2750 East Southlake Boulevard, Suite
140, to the September 18, 2007, City Council meeting.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9B. Approve a Residential Developer Agreement for SaddleBack Ridge
located northwest of the intersection of North White Chapel Road and East Bob Jones Road.
Director Price presented this item to Council. Applicant Tom Lahoda made a presentation and
answered Council’s questions. Jay Reising from Adams Engineering, 500 Nolen Drive,
Southlake, Texas, answered Council’s questions. Council discussed this request.
Motion was made to approve Residential Developer Agreement for SaddleBack Ridge located
northwest of the intersection of North White Chapel Road and East Bob Jones Road reimbursing
the developer the difference in the cost of an 8-inch line and a 12-inch line in an amount not to
exceed $17,360; allowing 50% of the $58,820 for off-site street improvements; allowing $1,500
for the lift station upgrade; and denying the request for the panel enclosure.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 11:04 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary’s
Office.
______________________________
Andy Wambsganss
Mayor
ATTEST:
______________________________
Lori Payne
City Secretary
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