2007-03-20CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: MARCH 20, 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 John Terrell, and Councilmembers Laura K. Hill, Gregory Jones,
Virginia M. Muzyka, and Vernon Stansell.
CITY COUNCIL ABSENT None.
STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, City Manager Intern Candice Sanders, Community
Relations Officer Pilar Schank, Manager of Information Services Gary Gregg, Audio Visual
Systems Technician Pam Jordan, Library Administrator Kerry McGeath, Director of Community
Services Steve Polasek, Director of Economic Development Greg Last, Director of Finance
Sharen Jackson, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby,
Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Building
Official Paul Ward, Chief Planner Jayashree Narayana, Planner Clayton Comstock, Director of
Public Works Robert H. Price, City Attorney Tim Sralla, and City Secretary Lori Farwell.
WORK SESSION
Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss
at 5:17 p.m.
Agenda item No. 2. Invocation. Coy Quesenbury from Lonesome Dove Baptist Church gave the
invocation. Mayor Wambsganss led the Pledge of Allegiance.
Agenda Item No. 3. Development Activity Report. Director Baker presented this item to
Council.
Agenda Item No. 4. Southlake 2025 Update. Director Baker presented this item to Council.
Agenda Item No. 5. TXU Underground Utility Program. This item was not discussed but will be
brought back at a later meeting.
Agenda Item No. 6. Discuss all items on tonight's meeting agenda. City Council reviewed the
consent agenda items with city staff. Item 4F was removed from the consent agenda and
considered separately. Item 9B was added to the consent agenda. The work session ended at 6:15
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 6:15 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; Section 551.072, deliberation regarding real property; and Section
551.087, deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:15 p.m. Executive Session began at 6:35 p.m. and ended at 7:17 p.m.
Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:30
p.m. and asked if any action was necessary from Executive Session. No action was necessary.
Motion was made to authorize staff to begin negotiations to secure the property as discussed in
executive session.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 3A. Mayor's Report Mayor Wambsganss announced upcoming meetings and
events.
Agenda Item No. 3AL Proclamation for World Water Day. Mayor Wambsganss presented a
proclamation to Kimberly Simeus to help raise awareness of the critical lack of safe drinking
water worldwide. Mrs. Simeus thanked the Mayor and made a brief presentation on World Water
Day.
Agenda Item No. 3B. City Manager's Report. This item was given after the consent agenda was
approved.
Agenda Item No. 3C. Financial Report. A written report was given to Council.
Agenda Item No. 3D. Parks and Recreation Board Report. No report was given.
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 March 6, 2007, regular City Council
meeting The minutes were amended to add the words "approving requested variances" as part of
the motion for agenda item 6C.
Agenda Item No. 4B. Excuse members of the City Council and Planning and Zoning
Commission for absences from meetings Mayor Wambsganss was absent from the March 6,
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2007, City Council meeting and Commissioner C.D. Peebles was absent from the March 8, 2007,
Planning and Zoning Commission meeting.
Agenda Item No. 4C. Resolution No. 07 -015, Authorize a one -time payment of accrued sick
leave to 911 Dispatch employees transferred to the City of Keller as of April 1, 2007. 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,
AUTHORIZING A ONE -TIME PAYMENT OF ACCRUED SICK LEAVE TO 911
DISPATCH EMPLOYEES TRANSFERRED TO THE CITY OF KELLER AS OF APRIL 1,
2007.
Agenda Item No. 4D. Approve amended FY2006 -07 Crime Control and Prevention District
Operating Budget. A presentation was not made on this item.
Agenda Item No. 4E. ZA06 -132, Preliminary Plat for Estancia at Southlake, located at 579 North
Kimball Avenue. Current Zoning: R -PUD Residential Planned Unit Development District. SPIN
Neighborhood #6. A presentation was not made on this item.
Agenda Item No. 4F. ZA07 -017, Plat Revision for Lots 1R1 and 1R2, Block C, Briarwood
Estates, Phase I, located at 400 Briarwood Drive. Current Zoning: MF -1 Two Family Residential
District. SPIN Neighborhood #6. This item was removed from the consent agenda and
considered prior to the regular agenda.
Agenda Item No. 4G. ZA07 -023, Plat Revision for Block 3R2, Southlake Town Square, located
on the northwest corner of Main Street and State Street. Current Zoning: DT Downtown District.
SPIN Neighborhood #8. A presentation was not made on this item.
Agenda Item No. 4H. Consider SP07 -073, Variance to Sign Ordinance No. 704 -C for Southlake
Town Square, located at the northeast corner of East Southlake Boulevard and North Carroll
Avenue. A presentation was not made on this item. Council discussed this item during work
session.
Agenda Item No. 4I. ZA07 -025, Plat Revision for Lots 1R1 & 1R2, 2R, 4R1, 4R2, and 4R3,
Block 1, Sabre Group Campus, being a revision of Lots 1, 2, & 4, Block 1, Sabre Group
Campus, located at Kirkwood Boulevard and State Highway 114. Current Zoning: NR -PUD
Non - Residential Planned Unit Development District. SPIN Neighborhood #2. A presentation
was not made on this item.
Agenda Item No. 4J. ZA06 -187, Site Plan for Masco Service Corporation, located at 1200 North
Kimball Avenue. Current Zoning: B -1 Business Service Park District. SPIN Neighborhood #5.
The applicant requested to table this item to the April 3, 2007, City Council meeting.
Agenda Item No. 4K. Approve Right -of -way Encroachment Agreement for Masco Service
Corporation This item has been tabled until the April 3, 2007, City Council meeting.
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Agenda Item No. 4L. ZA06 -023, Plat Showing for Lots 19 and 20, F. Throop No. 1511 Addition,
located at 1200 North Kimball Avenue. Current Zoning: B -1 Business Service Park District.
SPIN Neighborhood #5. The applicant requested to table this item to the April 3, 2007, City
Council meeting.
Agenda Item No. 9B. Authorize Amendment No. 1 to a Professional Services Agreement with
Teague, Nall, and Perkins, Inc., to provide engineering services related to construction plan
review, authorize staff to execute said contract and take any necessary action. Director Price
presented this item to Council during the work session and answered Council's questions.
Motion was made to approve consent agenda items 4A with the addition of the words,
"approving requested variances," as part of the motion for agenda item 6C; 4B to excuse Mayor
Wambsganss from the March 6, 2007, City Council meeting and Commissioner C.D. Peebles
from the March 8, 2007, Planning and Zoning Commission meeting; 4C; 413; 4E subject to Plat
Review Summary No. 3, dated March 2, 2007; 4G subject to Plat Review Summary No. 1, dated
March 2, 2007; 41-1; 4I subject to Revised Plat Review Summary No. 1, dated March 13, 2007; to
table 4J to the April 3, 2007, City Council meeting; to table item 4K to the April 3, 2007, City
Council meeting; to table item 4L to the April 3, 2007, City Council meeting; and 9B.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 3B. City Manager's Report. City Manager Yelverton announced several recent
staff accomplishments and awards. Fire Chief Finn presented information on a recent award from
the Center for Digital Government to the Department of Public Safety for Best Application
Serving Multiple Jurisdictions. City Manager Yelverton recognized the Building Inspections
Division for receiving an award from the Building Officials Association of Texas for the fifth
straight year. Chief Building Official Ward was presented the award by Mayor Wambsganss.
City Manager Yelverton also noted that Bicentennial Park was recently voted the Best Park for
Children by readers of the Southlake Journal, the Grapevine Courier, and the Colleyville Courier
and congratulated Director Polasek and his Parks and Recreation Department.
Agenda Item No. 4F. ZA07 -017, Plat Revision for Lots 1R1 and 1R2, Block C, Briarwood
Estates, Phase I, located at 400 Briarwood Drive. Current Zoning: MF -1 Two Family Residential
District. SPIN Neighborhood #6 . Director Baker presented this item to Council. Mayor
Wambsganss read comment cards into the record of adjacent residents who registered
opposition: John Towry, 475 Briarwood Drive, Southlake, Texas, and Jesse R. Hames, 425
Briarwood Drive, Southlake, Texas.
Tom Pafel, 550 Briarwood Drive, Southlake, Texas, spoke in opposition to this item.
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Motion was made to approve ZA07 -017, Plat Revision for Lots 1R1 and 1R2, Block C,
Briarwood Estates, Phase I, located at 400 Briarwood Drive, subject to Plat Review Summary
No. 2, dated March 2, 2007, and the recommendations of the Planning and Zoning Commission.
Motion: Terrell
Second: Jones
Ayes: Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: Hill
Approved: 6 -1
REGULAR AGENDA:
Agenda Item No. 5. Public Forum Connor Brankin, 139 Jellico Circle, Southlake, Texas, spoke
about the upcoming Southlake Library 4 th Annual Celtic Celebration Show.
Atzenda Item No. 6A. Ordinance No. 480 -516. 2nd Reading_ (ZA07 -010)_ Zoning Chance and
Concept Plan for Lot 14, J.G. Allen No. 18 Addition, located at 2865 Johnson Road. Current
Zoning: AG Auricultural District. Reauested Zoning: SF-IA Single Familv Residential District.
SPIN Neighborhood #15. Director Baker presented this item to Council. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS
TRACT 2C9, SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, BEING
APPROXIMATELY 1.997 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" SINGLE FAMILY
RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT 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.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480 -516, 2nd Reading, (ZA07 -010), Zoning Change
and Concept Plan for Lot 14, J.G. Allen No. 18 Addition, subject to Concept Plan Review
Summary No. 3, dated March 14, 2007.
Motion: Terrell
Second: Jones
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Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 7A. Ordinance No. 480 -517, 1 st Reading_(ZA07 -004), Zoning Change and
Concept Plan for Image Business Park, located at 2301 Crooked Lane. Current Zoning: S -P -2
Generalized Site Plan District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN
Neighborhood 97. Director Baker presented this item to Council. Applicant F.C. LeVrier from
Suncoast Architects made a presentation and answered Council's questions. Council discussed
this request.
Motion was made to approve Ordinance No. 480 -517, 1 st Reading (ZA07 -004), Zoning Change
and Concept Plan for Image Business Park subject to Revised Concept Plan Review Summary
No. 3, dated March 14, 2007, noting the applicant has agreed to substitute concrete stucco in any
location on their prints referencing EFIS; requiring the pond to be a retention /detention pond;
requiring the applicant to look at a more permanent fencing than the wood fencing shown by 2nd
Reading; subject to the recommendations of the Planning and Zoning Commission specifically
approving the variances for stacking on Lot 1 and the right -of -way and adding sexually oriented
businesses to be on the list of excluded uses; requiring the applicant to look at access with
Carroll Independent School District by 2nd Reading; and accepting the applicant's agreement to
provide an easement for access to Crooked Lane.
Motion: Terrell
Second: Stansell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Mayor Wambsganss called for a break at 8:50 p.m. and reconvened the meeting at 9:05 p.m.
Agenda Item No. 7B. Ordinance No. 898 -A, 1 st Reading, Amend Ordinance No. 898 FY2006 -07
Annual Budget. Director Jackson presented this item to Council.
Motion was made to approve Ordinance No. 898 -A, 1 st Reading, Amend Ordinance No. 898
FY2006 -07 Annual Budget.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Auenda Item No. 9A. Consider SP07 -075. Master Sian Plan for Watermere at Southlake_ located
on the south side of West Southlake Boulevard at Owenwood Drive. Chief Planner Narayana
presented this item to Council. Applicants Murphy Webster from Fource Communications and
Scott and Rick Simmons, 3101 West Southlake Boulevard, Southlake, Texas, answered
Council's questions.
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Motion was made to approve SP07 -075, Master Sign Plan for Watermere at Southlake, located
on the south side of West Southlake Boulevard at Owenwood Drive and directing staff to include
this submittal as an example package for other developers /applicants.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 9C. Authorize the City Manager to sign a contract for residential and
commercial refuse collection and recyclable materials collection with Republic Waste Services
of Texas, Ltd. (dba Duncan Disposal). Assistant City Manager Blagg presented this item to
Council and answered their questions. Council discussed this item.
Mayor Wambsganss allowed the public to speak.
Steve Kellar from Waste Management, 1600 C. South Railroad, Fort Worth, Texas, spoke in
opposition.
Bob Kneis from IESI Corporation, 2301 Eagle Parkway, Fort Worth, Texas, spoke in opposition.
Tom Sheehy, 210 Creekway Bend, Southlake, Texas, spoke in opposition.
Jim Lattimore from Allied Waste, 6200 Eliott Reeder Road, Fort Worth, Texas, spoke in
opposition.
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 9:57 p.m. Executive Session began at 9:58 p.m. and ended at
10:02 p.m.
Mayor Wambsganss reconvened the meeting at 10:04 p.m. No action was taken as a result of the
executive session.
City Attorney Sralla addressed questions regarding the competitive bid process.
Nick Stefkovich from Republic Waste answered Council's questions.
Motion was made to authorize the City Manager to sign a contract for residential and
commercial refuse collection and recyclable materials collection with Republic Waste Services
of Texas, Ltd. (dba Duncan Disposal).
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
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Agenda Item No. 11. Adiournment. Mayor Wambsganss adjourned the meeting at 10:16 p.m.
*An audio recording of this sheeting will be permanently retained in the City Secretary's
Office.
Andy Wambsganss
Mayor
ATTEST:
Lori A. Farwell, TRMC
City Secretary
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