2008-03-04E CITY OF
� SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: MARCH 4, 2008
LOCATION 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris
(arrived at 5:55 p.m.), Deputy Mayor Pro Tern Virginia M. Muzyka, and Councilmembers
Laura K. Hill, Gregory Jones (arrived at 6:15 p.m.), and Vernon Stansell.
CITY COUNCIL ABSENT Councilmember John Terrell.
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 Orlowski, Community Relations Officer Pilar Schank, Manager of
Information Systems Gary Gregg, Director of Community Services Steve Polasek,
Deputy Director of Community Services Chris Tribble, Deputy Director of Community
Services Kerry McGeath, Director of Economic Development Greg Last, Director of
Finance Sharen Jackson, Chief of Fire Services Robert Finn, Fire Marshal David
Barnes, Chief of Police Services Wade Goolsby, Director of Planning and Development
Services Ken Baker, Planner Clayton Comstock, 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 5:14 p.m.
Agenda Item No. 2. Invocation: Scott Berry from First Baptist Church of Southlake gave
the invocation.
Agenda Item No. 3. Presentation regarding the status of the impact fee ordinance
update. Director Last introduced this item and introduced consultant, Lewis McLain, who
made a presentation on this item. Director Last finalized the presentation and answered
questions.
Agenda Item No. 4. Discuss minor revisions to the comprehensive zoning ordinance
N N
and the sign ordinance. Director Baker presented this item to Council.
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Agenda Item No. 5. Discuss all items on tonight's meeting agenda City Council
reviewed the agenda items with city staff. Council added items 9a and 9b to the consent
agenda.
Mayor Wambsganss closed the work session at 5:54 p.m.
REGULAR SESSION
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:54 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
5:55 p.m. Executive Session began at 6:12 p.m. and ended at 6:31 p.m.
Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting
at 6:53 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.
Mayor Wambsganss announced Item No. 3A1 would be presented later in the meeting.
Agenda Item No. 3A2. Proclamation for Meals on Wheels Mayor Wambsganss read the
proclamation and presented it to Lee Sloan from Meals on Wheels of Tarrant County.
Agenda Item No. 3B. City Manager's Report. There was no report given.
Agenda Item No. 3C. Library Board Report. A written report was given 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 minutes from the February 19 2008 regular City Council
meeting. A presentation was not made on this item.
Agenda Item No. 4B . This item was intentionally left blank.
Agenda Item No. 4C. Award construction contract to Jackson Construction Ltd in the
amount of $891,157.70 for paving drainage and utility improvements to Shumaker
Lane and Sunshine Lane and provide for construction phase contingencies A
presentation was not made on this item.
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Agenda Item No. 4D. Authorize an agreement with Marcel Bosworth for relocation of the
Continental Storage Building. A presentation was not made on this item.
Agenda Item No. 4E. Approve the designation of Town Square as the priority location
for the placement of public art for fiscal year 2008 A presentation was not made on this
item.
Agenda Item No. 4F. Consider an order setting a public hearing for April 15 2008 to
discuss and review proposed updates to Land Use Assumptions Capital Improvement
Plans and Impact Fees for water, wastewater and roadway improvements A
presentation was not made on this item.
Agenda Item No. 4G . This item was intentionally left blank.
Agenda Item No. 4H. Authorize a professional services agreement with Weaver and
Tidwell, L.L.P., for audit services. A presentation was not made on this item.
Agenda Item No. 41. ZA07 -112, Site Plan for Lot 25R2 Block 1 Woodland Heights
Addition on property located at 175 Westwood Drive Current Zoning: 0-1 Office
District. SPIN Neighborhood #8. The applicant requested to table this item to the April
1, 2008, City Council meeting.
Agenda Item No. 4J. Ordinance No. 480 -536 2 nd Reading (ZA07 -139) Zoning Change
and Site Plan for Lots 1R1, 1R2, 2R1, 2R2, and 2R3 Block 3 Cornerstone Business
Park Addition on property legally described as Lots 1 and 2R Block 3 Cornerstone
Business Park Addition and located at 500 Silicon Drive and 510 Silicon Drive. Current
Zoning: 0-1 Office District. Requested Zoning: S -P -1 Detailed Site Plan District SPIN
Neighborhood V. The applicant requested to table this item to the April 1, 2008, City
Council meeting.
Agenda Item No. 4K. ZA07 -111, Plat Revision fo Lots 1 R1, 1 R2, 2R1. 2R2. and 2R3.
Block 3, Cornerstone Business Park being a replat of property currently described as
Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and being located at 500
Silicon Drive and 510 Silicon Drive. Current Zoning 0-1 Office District Proposed
Zoning: S -P -1 Detailed Site Plan District SPIN Neighborhood #7 The applicant
requested to table this item to the April 1, 2008, City Council meeting.
Agenda Item No. 4L. Ordinance No. 480 -550 2 "d Reading (ZA07 -133) Zoning Change
and Development Plan for Lake Forest on property being q egally described as Tract 5
R.D. Price Survey, Abstract No. 1207 located at 3185 Southlake Park Drive Current
Zoning: AG Agricultural District. Requested Zoning: R -PUD Residential Planned Unit
Development District. SPIN Neighborhood #3. The applicant requested to table this item
to the April 1, 2008, City Council meeting.
Agenda Item No. 4M. ZA07 -134, Preliminary Plat for Lots 1 — 8 Block 1 Lake Forest
Addition on property being legally described as Tract 5 R D Price Survey Abstract No
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1207 and located at 3185 Southlake Park Drive Current Zoning: AG Agricultural
District. Proposed Zoning: R -PUD Residential Planned Unit Development District SPIN
Neighborhood #3. The applicant requested to table this item to the April 1, 2008, City
Council meeting.
Agenda Item No. 4N. ZA07 -123, Revised Site Plan for Chick -fil -A on property being
legally described as Lot 4, Block 1 Perry /Allen Addition and located at 2301 East
Southlake Boulevard. Current Zoning: C3 General Commercial District SPIN
Neighborhood V. The applicant requested to table this item to the April 1, 2008, City
Council meeting.
Agenda Item No. 7B. Ordinance No. 480 -552 1 St Reading (ZA07 -162) Zoning Change
and Concept Plan for Lots 9 -12, J. Childress No. 254 Addition on property being legally
described as Tract 3D2, John Heirs Childress Survey Abstract No 254 and located at
3010 Lake Drive. Current Zoning: AG Agricultural District Requested Zoning: SF20B
Single Family Residential District. SPIN Neighborhood #3 The applicant requested to
table this item to the March 18, 2008, City Council meeting.
Agenda Item No. 9A. Consider SP07 -073A Va riance to Siqn Ordinance No. 704 -C for a
rR development sign for Southlake Town Square located at the northeast corner of North
Carroll Avenue and East Southlake Boulevard. A presentation was not made on this
item.
Agenda Item No. 9B. Approve a revised Commercial Developer Agreement with
Carroll /1709 Ltd. for Shops of Southlake a 29.3 acre development at the southeast
corner of East Southlake Boulevard and Carroll Avenue. A presentation was not made
on this item.
Motion was made to approve consent agenda items 4A; 413; 4C; 4D; 4E; 4F; to table
item 41 at the applicant's request to the April 1, 2008, City Council meeting; to table item
4J at the applicant's request to the April 1, 2008, City Council meeting; to table item 4K
at the applicant's request to the April 1, 2008, City Council meeting; to table item 4L at
the applicant's request to the April 1, 2008, City Council meeting; to table item 4M at the
applicant's request to the April 1, 2008, City Council meeting; to table item 4N at the
applicant's request to the April 1, 2008, City Council meeting; to table item 7B at the
applicant's request to the March 18, 2008, City Council meeting; 9A; and 9B.
Motion: Muzyka
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
REGULAR AGENDA
Agenda Item No. 5. Public Forum. No one spoke during public forum.
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Agenda Item No. 6A. Ordinance No. 928 2 "d Reading Adopt an ordinance to add
Article VII "Curfew Hours for Minors" to Chapter 15 "Public Safety" of the Southlake
Code of Ordinances. Mayor Wambsganss introduced this item. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE ADDING A NEW ARTICLE VII, "CURFEW HOURS FOR MINORS,"
TO CHAPTER 15, "PUBLIC SAFETY," OF THE SOUTHLAKE CODE OF
ORDINANCES, AS AMENDED; MAKING IT AN OFFENSE FOR MINORS, PARENTS
AND GUARDIANS OF MINORS, AND BUSINESS ESTABLISHMENTS TO VIOLATE
CURFEW REGULATIONS; DEFINING TERMS; PROVIDING DEFENSES; PROVIDING
FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR WAIVER
BY THE MUNICIPAL COURT OF JURISDICTION OVER A MINOR WHEN REQUIRED
UNDER THE TEXAS FAMILY CODE; 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 PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 928, 2 nd Reading, Adopt an ordinance to
add Article VII "Curfew Hours for Minors" to Chapter 15, "Public Safety" of the Southlake
Code of Ordinances.
Motion: Muzyka
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6B. Ordinance No. 929 2 "d Rea dinq, Adopt an ordinan to amend
Chapter 58, of the Southlake Code of Ordinances making it unlawful for certain sex
offenders to reside within 2.000 feet of premises where children gather Mayor
Wambsganss introduced this item. 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, AMENDING CHAPTER 58
OF THE SOUTHLAKE CITY CODE MAKING IT UNLAWFUL FOR CERTAIN SEX
OFFENDERS TO RESIDE WITHIN 2,000 FEET OF PREMISES WHERE CHILDREN
GATHER; MAKING IT UNLAWFUL TO LEASE, RENT, OR PROVIDE LIVING SPACE
TO CERTAIN SEX OFFENDERS WHEN SUCH WOULD RESULT IN VIOLATION OF
THIS ORDINANCE; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT
REQUIRED FOR COMMITTING AN OFFENSE UNDER THESE PROVISIONS;
PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
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No one spoke during the public hearing.
City Attorney Sralla stated that Section 124, Subsections D and F, are substantively
identical and recommended Council delete Subsection "F."
Motion was made to approve Ordinance No. 929, 2 nd Reading, Adopt an ordinance to
amend Chapter 58, of the Southlake Code of Ordinances, making it unlawful for certain
sex offenders to reside within 2,000 feet of premises where children gather, deleting
Subsection "F" of Section 124.
Motion: Hill
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6C. Ordinance No. 930 2 nd Reading Adopt the 2006 International
Building Code. Mayor Wambsganss read this item into the record. Staff did not make a
presentation. In accordance with Section 4.21 of the City Charter, the caption for this
item is listed as follows:
AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL
BUILDING CODE, REGULATING THE ERECTION, CONSTRUCTION,
ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION,
CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND
MAINTENANCE OF ALL BUILDINGS OR STRUCTURES, EXCEPT ONE- AND TWO -
FAMILY DWELLINGS AND MULTIPLE SINGLE - FAMILY DWELLINGS
(TOWNHOUSES), IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOPTION
OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH
CODE AS A PUBLIC RECORD; 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 PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 930, 2 nd Reading, Adopt the 2006
International Building Code.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
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Agenda Item No. 6D. Ordinance No. 931 2 nd Reading Adopt the 2006 International Fire
Code. Mayor Wambsganss read this item into the record. Staff did not make a
presentation. 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, AMENDING CHAPTER 15,
ARTICLE III, "FIRE CODE" OF THE CODE OF ORDINANCES OF THE CITY OF
SOUTHLAKE, TEXAS BY ADOPTING THE 2006 EDITION OF THE INTERNATIONAL
FIRE CODE; REPEALING ORDINANCE NUMBER 817 AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PRESCRIBING REGULATIONS
GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE
AND EXPLOSION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS
THERETO; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 931, 2 "d Reading, Adopt the 2006
International Fire Code.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6E. Ordinance No. 932 2 nd Reading Adopt the 2006 International
Energy Conservation Code. Mayor Wambsganss read this item into the record. Staff did
not make a presentation. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL
ENERGY CONSERVATION CODE, REGULATING THE DESIGN OF BUILDING
ENVELOPES FOR ADEQUATE THERMAL RESISTANCE AND LOW AIR LEAKAGE
AND THE DESIGN AND SELECTION OF MECHANICAL, ELECTRICAL, SERVICE
WATER- HEATING AND ILLUMINATION SYSTEMS AND EQUIPMENT IN THE CITY
OF SOUTHLAKE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS
THERETO; PROVIDING FOR—RECORDING OF SUCH CODE AS A PUBLIC
RECORD; 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 PAMPHLET FORM; 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. 932, 2 nd Reading, Adopt the 2006
International Energy Conservation Code.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6F. Ordinance No. 933 2 "d Reading Adopt the 2006 ICC Electrical
Code, Administrative Provisions. Mayor Wambsganss read this item into the record.
t Staff did not make a presentation. In accordance with Section 4.21 of the City Charter,
the caption for this item is listed as follows:
AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL CODE
COUNCIL ELECTRICAL CODE; PROVIDING FOR THE ADOPTION OF LOCAL
' AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A
PUBLIC _RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 933, 2 nd Reading, Adopt the 2006 ICC
Electrical Code, Administrative Provisions.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6G. Ordinance No. 934 2 nd Reading Adopt the 2006 International
Plumbing Code. Mayor Wambsganss read this item into the record. Staff did not make
a presentation. In accordance with Section 4.21 of the City Charter, the caption for this
item is listed as follows:
AN ORDINANCE ADOPTING THE INTERNATIONAL PLUMBING CODE, 2006
EDITION, PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO;
PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
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No one spoke during the public hearing.
Motion was made to approve Ordinance No. 934 2nd
pp Reading, Adopt the 2006
International Plumbing Code.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6H. Ordinance No. 935 2 nd Reading Adopt the 2006 International
Fuel Gas Code. Mayor Wambsganss read this item into the record. Staff did not make
a presentation. In accordance with Section 4.21 of the City Charter, the caption for this
item is listed as follows:
AN ORDINANCE ADOPTING THE INTERNATIONAL FUEL GAS CODE, 2006
EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO;
PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
0 DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 935, 2 Reading, Adopt the 2006
International Fuel Gas Code.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 61. Ordinance No. 936 2 nd Reading Adopt the 2006 International
Mechanical Code. Mayor Wambsganss read this item into the record. Staff did not make
a presentation. In accordance with Section 4.21 of the City Charter, the caption for this
item is listed as follows:
AN ORDINANCE ADOPTING THE INTERNATIONAL MECHANICAL CODE, 2006
EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO;
PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC _RECORD;
' PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
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PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING O DING AN EFFECTIVE
DATE.
No ones spoke during the public hearing.
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Motion was made to approve Ordinance No. 936, 2 nd Reading, Adopt the 2006
International Mechanical Code.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6J. Ordinance No. 937 2 nd Reading Adopt the 2006 International
Residential Code. Mayor Wambsganss read this item into the record. Staff did not make
a presentation. In accordance with Section 4.21 of the City Charter, the caption for this
item is listed as follows:
AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL
RESIDENTIAL CODE FOR ONE- AND TWO- FAMILY DWELLINGS, REGULATING
THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR,
MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT,
14; USE, HEIGHT, AREA AND MAINTENANCE OF ALL ONE- AND TWO- FAMILY
DWELLINGS AND MULTIPLE SINGLE - FAMILY DWELLINGS (TOWNHOUSES) IN
THE CITY OF SOUTHLAKE AND PROVIDING FOR THE ADOPTION OF LOCAL
AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A
PUBLIC RECORD 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 PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
!! DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 937, 2 nd Reading, Adopt the 2006
International Residential Code.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6K. Ordinance No. 480 -544 2 nd Reading (ZA07 -087) Zoning Change
and Site Plan for Mendez Medical Offices on property legally described as Tract 3133A
W.W. Hall Survey, Abstract No. 695 and located at 918 East Southlake Boulevard
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Current Zoning: AG Agricultural District. Requested Zoning: S -P -1 Detailed Site Plan
District. SPIN Neighborhood #10. Director Baker presented this item to Council,
simultaneously with item 6L. Applicant Dr. Angelo Mendez 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 3D3A, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 695, BEING
APPROXIMATELY 2.28 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P -1"
DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
Mayor Wambsganss opened the public hearing.
Juergen Strunk, 200 North Carroll Avenue, Southlake, Texas, spoke in opposition.
Marilyn Sell, 808 Cross Lane, Southlake, Texas, spoke in opposition.
Dave McCowan, 704 Malton Lane, Southlake, Texas, did not speak but recorded his
support.
Catherine G. Vollmer, 700 Malton Lane, Southlake, Texas, asked questions about
access around this development.
■ Ann Davis, 308 Foxborough, Southlake, Texas, spoke in opposition.
Susan Revell, 406 Wickham Lane, Southlake, Texas, did not speak but recorded her
opposition.
Paul Venesky, 403 Wickham Lane, Southlake, Texas introduced himself as the new
President of Foxborough HOA.
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Mayor Wambsganss closed the public hearing.
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Motion was made to approve Ordinance No. 480 -544, 2 nd Reading (ZA07 -087) Zoning
Change and Site Plan for Mendez Medical Offices allowing for and granting the
driveway spacing variance with the understanding that if the property ownership
changes on either side of the variance, it would then require a bufferyard on the eastern
side of this property; specifying that when the property to the east is developed and a
building is placed on that property, the applicant will remove the 15 parking spaces that
back into the drive lane on the eastern side of the lot; subject to Council's motion on first
reading; subject to the recommendations of the Planning and Zoning Commission; and
subject to Site Plan Review Summary No. 7, dated February 27, 2008.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6L. ZA07 -088, Preliminary Plat for Mendez L.T.D. on propertv legall
described as Tract 3D3A, W.W. Hall Survey Abstract No. 695 and located at 918 East
Southlake Boulevard. Current Zoning: AG Agricultural District Proposed Zoning: S -P -1
Detailed Site Plan District and AG Agricultural District. SPIN Neighborhood #10.
Director Baker presented this item simultaneously with item 6K. Applicant Dr. Angelo
Mendez answered Council's questions.
Motion was made to approve ZA07 -088, Preliminary Plat for Mendez L.T.D. on property
legally described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located at
918 East Southlake Boulevard subject to Revised Plat Review Summary No. 5, dated
February 27, 2008.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 3A1. Special presentation to Representative Tan Parker Mayor
Wambsganss made a presentation and thanked Representative Parker for his service
to the community.
Agenda Item No. 6M. ZA07 -157, Site Plan for Southlake Wellness Center on property
being legally described as Lot 18, O.W. Knight No. 899 Addition and located at 415 East
Southlake Boulevard. Current Zoning: S -P -2 Generalized Site Plan District SPIN
Neighborhood # 9W. Planner Comstock presented this item to Council, simultaneously
with item 6N. Applicant Skip Blake of Blake Architects, 1202 South White Chapel
Boulevard, Southlake, Texas made a presentation and answered Council's questions.
Council discussed items 6M and 6N. After discussion, Mr. Blake asked to table items
6M and 6N to the March 18, 2008 City Council meeting.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008
Page 12 of 15
I
Motion was made to table ZA07 -157, Site Plan for Southlake Wellness Center on
property being legally described as Lot 18, O.W. Knight No. 899 Addition and located at
415 East Southlake Boulevard to the March 18, 2008 City Council meeting.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6N. Resolution No. 08 -012 (ZA08 -010) Specific Use Permit for
carports for non - residential property on property being legally described as Lot 18 O W
Knight No. 899 Addition and located at 415 East Southla Boulevard. Current Zoning:
S -P -2 Generalized Site Plan District SPIN Neighborhood #9W Planner Comstock
presented this item to Council, simultaneously with item 6N. Applicant Skip Blake of
Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas made a
presentation and answered Council's questions. Council discussed items 6M and 6N.
After discussion, Mr. Blake asked to table items 6M and 6N to the March 18, 2008 City
Council meeting.
Motion was made to table Resolution No. 08 -012, (ZA08 -010) Specific Use Permit for
carports for non - residential property on property being legally described as Lot 18, O.W.
Knight No. 899 Addition and located at 415 East Southlake Boulevard to the March 18,
2008 City Council meeting.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Mayor Wambsganss called for a break at 8:16 p.m. and reconvened the meeting at 8:29
p.m.
Councilmember Jones submitted a conflict of interest form for Item 7A and left the
Council Chambers.
Agenda Item No. 7A. Ordinance No. 480 -542 1 St Reading (ZA07 -129) Zoning Change
and Site Plan for Southlake Villa Offices on property legally described as Tract 3 W W
Hall Survey, Abstract No. 687 located at 310 East Southlake Boulevard. Current
Zoning: AG Agricultural District. Requested Zoning: S -P -1 Detailed Site Plan District
SPIN Neighborhood #10. Director Baker presented this item to Council. Applicant Skip
Blake of Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas made
a presentation and answered Council's questions.
Mayor Wambsganss allowed the public to speak.
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UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008
Page 13 of 15
Patti Weber, 823 Pearl Drive, Southlake, Texas spoke in opposition.
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John Cusack, 917 Emerald Boulevard, Southlake, Texas spoke in opposition.
Lisa Quinn, 1036 Diamond Boulevard, Southlake, Texas recorded her opposition but did
not speak.
Todd Weber, 823 Pearl Drive, Southlake, Texas spoke in opposition.
Tamara Houser asked uestions regarding proposed landscaping.
q 9 9p . p p 9
Mr. Blake addressed residents' concerns and answered Council's questions.
Motion was made to approve Ordinance No. 480 -542, 1 St Reading (ZA07 -129), Zoning
Change and Site Plan for Southlake Villa Offices subject to the following: stating that the
applicant will fill in all existing fences on the east and west sides with capped cedar with
the owners' approval and will maintain the fence; requiring the applicant will install an 8'
tall panel fence on the north side; the applicant will install the detention pond identified
on the site plan in connection with the construction of building 1; approving 12 covered
parking spaces for the entire site; future buildings must be of similar material and design
as shown for building 1; subject to the colored landscape plans as submitted this
evening; buildings 2 through 4 may not exceed one story; requiring applicant to build
the entire drive structure as shown on the site plans in connection with the construction
of building 1 noting this will not include the parking contemplated for the other buildings;
requiring applicant to work with the neighbors on the fence considerations discussed
tonight prior to second reading; requiring all perimeter landscaping to be installed in
connection with the construction of building 1 and further granting the driveway stacking
variance outlined in the proposal; and subject to Site Plan Review Summary No. 5,
dated February 27, 2008.
Motion: Stansell
Second: Morris
Ayes: Hill, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 5 -0
Councilmember Jones returned to the meeting.
Agenda Item No. 7C. Ordinance No. 480 -553, 1 St Reading (ZA08 -002), Zoning Change
and Site Plan for Nolen Center on property being legally described as a portion of Tract
2A2A, Thomas Easter Survey, Abstract No. 474 and located at 2627 East Southlake
Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S -P -1 Detailed
Site Plan District. SPIN Neighborhood #7. Planner Comstock presented this item to
Council. Applicant Dusty Renfro, 301 Commerce, Suite 1750, Fort Worth, Texas
presented this item and answered Council's questions. Council discussed this request.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008
Page 14 of 15
Motion was made to approve Ordinance No. 480 -553 1 Reading -
�^ pp t g (ZA08 002), Zoning
Change and Site Plan for Nolen Center, specifically granting the driveway stacking
variance; requiring the applicant to add additional plantings in the front; accepting the
applicant's agreement to do additional work on building facades, and subject to Site
Plan Review Summary No. 2, dated February 15, 2008.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7D. Ordinance No. 480 -554 1 Reading (ZA08 -011) Zoning Change
and Site Plan for Lot 4, Block A. Commerce Business Park located at 375 Commerce
Street. Current Zoning: 11 Light Industrial District Requested Zoning: S -P -1 Detailed
Site Plan District. SPIN Neighborhood V . Planner Comstock presented this item.
Applicant Edwin Mannhart, 905 Emerald Boulevard, Southlake, Texas presented this
item and answered Council's questions. Council discussed this request.
Motion was made to approve Ordinance No. 480 -554, 1 Reading (ZA08 -011), Zoning
Change and Site Plan for Lot 4, Block A, Commerce Business Park subject to
applicant's agreement to construct a sidewalk to meet city standards; limiting indoor
entertainment uses or commercial amusement uses to 16,000 s.f. of the subject
building; requiring photos of the dumpster enclosure prior to second reading; and
subject to Site Plan Review Summary No. 2, dated February 27, 2008.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
10:11 P.M.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Andy Wa bsganss
Mayor
ATTEST:
Lori Payne U
City Secretary
It"s 111,60111
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008
Page 15 of 15
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
,OUNTY OF TARRANT §
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I, as a member of the clL of the City f Southlake
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make this a fidavit and hereby on oath state the following: I, my spouse, and/or a person or persons related tome
within the first degree of consanguinity or affinity, have a substantial interest in a business entity or real property as
defined in Chapter 171, Texas Local Government Code, and/or City of Southlake Ordinance No. 635 and a vote is to be
taken or a decision is to be made that will have a special economic effect on this business entity or real property.
The agenda item affecting this business entity or real property is:
COMPLETE (A) or (B): (A) The business entity is (name); or
(B) The real property is lo cated at: d 46r RAP,
I have a substantial interest because I, my spouse, and/or a person or persons related to me within the first degree of
consanguinity or affinity have the following relationship to the business entity or real property which will likely be
affected by the vote on the above - referenced agenda item: (check all which are applicable)
Ownership of 10% or more of the voting stock or shares of the business entity.
V -01"- Ownership of 10% or more or $5,000 or more of the fair market value of the business entity.
Funds received from the business entity exceed 10% of gross income for the previous year.
Hold a position of member of the board of directors or other governing board of the business entity.
Serve as an elected officer of the business entity.
An employee of the business entity.
Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00)
or more.
Property of the person has been pledged to the business entity or is subject to a lien in favor of the
business entity in the amount of five thousand dollars ($5,000.00) or more.
Have an equitable or legal ownership of real property with a fair
market value of at least $2,500.
1 Other:
Upon filing of this affidavit with the City Secretary, tary, I affirm that I will abstain from voting on any decision and
from any further participation by discussion or debate regarding the above - referenced agenda item. I also affirm that
this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in
question is being addressed or as soon as practicable once I realized a potential conflict exists.
Signed this 9 day of , 20_4�
is
e State of Texas §
County of Tarrant §
Before me, Lor J e— on this day personally appeared
Jo ✓ e�s 1 own to me (or proved to me on the oath of or through
(description of identity card or other document) to be the person whose name is subscribed to the
foregoing instrument and, after first being by me duly sworn, stated that the statements made in this affidavit are within
his personal knowledge and are true and correct.
Given under my hand and seal of office this �� day of MG rd'-'. , ;�-Cxe
(SEAL)
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Notary Public in an for the State of Texas