Item 5ACITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: MARCH 21, 2006
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT
: Mayor Andy Wambsganss, Mayor Pro Tem Keith Shankland,
Deputy Mayor Pro Tem Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones,
Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT:
None.
STAFF PRESENT
:City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, Office Manager/PIO Kim Bush, Audio Visual
System Technician Pam Jordan, Information Systems Technician Sam Cobb, Library
Administrator Kerry McGeath, Director of Community Services Steve Polasek, Director of
Economic Development Greg Last, Director of Finance Sharen Jackson, Chief Planner Dennis
Killough, Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn, Chief of
Police Services Wade Goolsby, Director of Public Works Bob Price, Deputy Director of Public
Works Charlie Thomas, Public Works Operations Manager Chuck Kendrick, City Attorney
Betsy Elam, and City Secretary Lori Farwell.
WORK SESSION:
The work session was called to order by Mayor Wambsganss at 5:16 p.m.
City Council reviewed the agenda items with city staff and applicants. The following items were
added to the consent agenda: 7C and 8A to table at the applicant’s request to the April 4, 2006,
City Council meeting; and 10A. The work session ended at 5:48 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:48 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be
going into Executive Session pursuant to the Texas Government Code, Section 551.071,
consultation with city attorney; Section 551.072, deliberation regarding real property; and
Section 551.087, deliberation regarding economic development negotiations. City Council
adjourned for Executive Session at 5:48 p.m. Executive Session began at 6:15 p.m. and ended at
6:44 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:52
p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session. No action
was necessary.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 21, 2006
Page 1 of 7
Agenda Item No. 3. Invocation. The invocation was given by David Whitington from Christ Our
King Church. Mayor Wambsganss led the audience in the pledge of allegiance.
Agenda Item No. 4A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and
events. Deputy Mayor Pro Tem Morris announced the grand opening of a new resale shop, A
Touch of Grace, on March 24, 2006, in Grapevine, which benefits the GRACE charity.
Agenda Item No. 4B. City Manager’s Report. City Manager Yelverton recognized Deputy
Director Thomas who announced his retirement as of March 31, 2006. She thanked him for his
outstanding service of almost eight years.
Agenda Item No. 4C. Leadership Southlake branding presentation. Leadership Southlake
members Tommy Pennington, Ed Richmond, and Joe Herzog presented information on city
branding to Council.
Agenda Item No. 4D. Financial Report. A written report was given to Council.
Agenda Item No. 4E. Local Business Report. Director Last introduced David Allah, General
Manager of McAlister’s Deli, who introduced his business to Council.
CONSENT AGENDA:
Consent agenda items are considered to be routine by the City Council
and are enacted with one motion.
Agenda Item No. 5A. Approve the minutes for the March 7, 2006, regular City Council meeting.
A presentation was not made on this item.
Agenda Item No. 5B. Consider award of bid to TruGreen LandCare for landscape maintenance
of medians and city facilities in the amount of $35,619. A presentation was not made on this
item.
Agenda Item No. 5C. Authorize the purchase of a tractor from Saginaw Implement Co., in the
amount of $25,934 through the Buy Board cooperative purchasing contract. A presentation was
not made on this item.
Agenda Item No. 5D. Consider an amendment to the professional services agreement with
Schrickel, Rollins and Associates, Inc. for conceptual planning and schematic design of
Bicentennial Park. Director Polasek presented this item to Council during the work session.
Agenda Item No. 5E. Authorize the Mayor to execute a Residential Developer’s Agreement for
WestWyck Hills, a 40-lot addition, located on Randol Mill Avenue north and west of Cross
Timber Hills. A presentation was not made on this item.
st
Agenda Item No. 5F. Ordinance No. 717-E, 1 Reading, amend Ordinances 717, 717-B, 717-C,
717-D, 781 and Chapter 18, Sec. 18-79 of the Southlake Code of Ordinances, designating the
speed limit within the Southlake Woods subdivision as 25 miles per hour. A presentation was not
made on this item.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 21, 2006
Page 2 of 7
st
Agenda Item No. 5G. Ordinance No. 480-HHH, 1 Reading, An amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Planned Unit
Development districts and plan requirements with certain zoning districts. A presentation was
not made on this item.
st
Agenda Item No. 5H. Ordinance No. 480-483, 1 Reading (ZA06-008), Zoning Change and
Concept Plan for Patterson’s Pond, Phase II being Tracts 5A3A and 5A3A1, Samuel Freeman
Survey, Abstract No. 525, located at 701 North Kimball Avenue. Current Zoning: AG
Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN
Neighborhood #6. Chief Planner Killough presented this item to Council during the work
session. Council approved this item subject to the recommendations of the Planning and Zoning
Commission and subject to Concept Plan Review Summary No. 2, dated February 17, 2006.
Agenda Item No. 5I. Resolution No. 06-015, Authorize the execution of the Gas Standing
Steering Committee participation agreement. 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 AUTHORIZING THE EXECUTION OF THE GAS STANDING STEERING
PARTICIPATION AGREEMENT.
nd
Agenda Item No. 5J. Ordinance No. 480-480, 2 Reading (ZA05-068), Zoning Change and
Concept Plan for Southlake Crossroads (f.k.a. Carroll Crossroads) on property described as being
a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899; located at the southwest corner of
East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District.
Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #9e. The applicant
requested to table this item to the June 6, 2006, City Council meeting.
Agenda Item No. 5K. ZA05-173, Preliminary Plat for Tracts 4G, 4D1, and 4E1, O.W. Knight
Survey, Abstract No. 899. The property is approximately 19.3 acres located approximately 340
feet west of the southwest corner of South Carroll Avenue and East Southlake Boulevard.
Current Zoning: AG Agricultural District. Proposed Zoning: S-P-2 Generalized Site Plan
District. SPIN Neighborhood # 9e. The applicant requested to table this item to the June 6, 2006,
City Council meeting.
Agenda Item No. 7C. ZA05-146, Site Plan for Bicentennial Plaza located at 410 West Southlake
Boulevard. Current Zoning: C-2 Local Retail Commercial District. SPIN Neighborhood #10.
The applicant requested to table this item to the April 4, 2006, City Council meeting.
st
Agenda Item No. 8A. Ordinance No. 480-481, 1 Reading (ZA05-146), Zoning Change and Site
Plan for Bicentennial Plaza located at 410 West Southlake Boulevard. Current Zoning: C-2 Local
Retail Commercial District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #10. The applicant requested to table this item to the April 4, 2006, City Council
meeting.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 21, 2006
Page 3 of 7
Agenda Item No.10A. Consider SP06-133, Variance to Sign Ordinance No. 704-B for Ella Bella
located at 2001 West Southlake Boulevard, Suite 135. Chief Planner Killough presented this
item to Council during the work session. Applicant and owner of Ella Bella, Chris Zober, made a
presentation and answered Council’s questions. Council approved this item as represented in the
applicant’s handout this evening.
Motion was made to approve consent agenda items 5A; 5B; 5C; 5D; 5E; 5F; 5G; 5H subject to
the recommendations of the Planning and Zoning Commission and subject to Concept Plan
Review Summary No. 2, dated February 17, 2006; 5I; 5J; 5K; 7C and 8A to table at the
applicant’s request to the April 4, 2006, City Council meeting; and 10A as represented in the
applicant’s handout this evening.
Motion: Muzyka
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 6. Public Forum. Karin Newell, 2819 R.D. Hurt Parkway, Bedford, Texas,
represented the ARTSNET Partnership and thanked Council for their support of the program.
nd
Agenda Item No. 7A. Ordinance No. 893, 2 Reading, Establishing an additional penalty on Ad
Valorem personal property taxes which remain delinquent for more than 60 days after February 1
of any year. Director Jackson 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 ESTABLISHING AN ADDITIONAL
PENALTY ON AD VALOREM PERSONAL PROPERTY TAXES WHICH REMAIN
DELINQUENT FOR MORE THAN 60 DAYS AFTER FEBRUARY 1 OF ANY YEAR AND
ESTABLISHING SUCH PENALTY AND DATE OF IMPOSITION ON OTHER
DELINQUENT AD VALOREM TAXES; PROVIDING A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
No one spoke during the public hearing.
Deputy Mayor Pro Tem Morris stepped out of the room.
nd
Motion was made to approve Ordinance No. 893, 2 Reading, Establishing an additional penalty
on Ad Valorem personal property taxes which remain delinquent for more than 60 days after
February 1 of any year.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 21, 2006
Page 4 of 7
Approved: 6-0
Deputy Mayor Pro Tem Morris re-entered the room.
Agenda Item No. 7B. Authorize the Mayor to enter into an amended contract with Taylor, Olson,
Adkins, Sralla & Elam, L.L.P., for the collection of delinquent taxes. A presentation was not
made on this item.
Motion was made to authorize the Mayor to enter into an amended contract with Taylor, Olson,
Adkins, Sralla & Elam, L.L.P., for the collection of delinquent taxes.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
st
Agenda Item No. 8B. Ordinance No. 480-482, 1 Reading (ZA05-169), Zoning Change and
Development Plan for Johnson Place, located at 2440 Johnson Road and 430 Randol Mill
Avenue. Current Zoning: AG Agricultural District and SF-1A Single Family Residential District.
Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood
#15. Chief Planner Killough presented this item to Council. Applicant Curtis Young with the
Sage Group, representing Mady Development, made a presentation and answered Council’s
questions. Council discussed this item and gave feedback to the applicant on areas of concern.
The applicant asked to table this item to the next City Council meeting.
st
Motion was made to table Ordinance No. 480-482, 1 Reading (ZA05-169), Zoning Change and
Development Plan for Johnson Place, located at 2440 Johnson Road and 430 Randol Mill
Avenue to the April 4, 2006, City Council meeting.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss called for a break at 9:49 p.m.
Mayor Wambsganss reconvened the meeting at 10:07 p.m.
Mayor Wambsganss allowed Joanna Hookstratten, of 2320, 2340 and 2360 Johnson Road,
Southlake, Texas, to speak on item 8B. Ms. Hookstratten spoke in opposition.
st
Agenda Item No. 8C. Ordinance No. 480-484, 1 Reading (ZA05-164), Zoning Change for a
portion of Lot 1, Block 1, Arnold Estates, located at 520 West Highland Street. Current Zoning:
RE Single Family Residential Estate District. Requested Zoning: SF-1A Single Family
Residential District. SPIN Neighborhood #11. Chief Planner Killough presented this item to
Council. Applicant Jay Wasserman, 520 West Highland Street, Southlake, Texas, made a
presentation and answered Council’s questions.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 21, 2006
Page 5 of 7
Adjacent land owner Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas, answered
Council’s questions.
Mayor Wambsganss allowed the audience to speak.
Kimberly Bulls, 1501 Coventry Lane, Southlake, Texas spoke in support of this item.
Mayor Wambsganss read the comments of people who did not wish to speak into the record:
Tim Raley, 440 West Highland Street, Southlake, Texas, opposed;
Hobert and Terri Brown, 1612 Regal Oaks, Southlake, Texas, support;
Njila Gamnje-Gordon, 1800 Leeds Drive, Southlake, Texas, support;
Josh and Dana Lewin, 915 Turnberry Lane, Southlake, Texas, support;
Ted Christensen, 1994 North Peytonville Avenue, Southlake, Texas, support;
Robin Bryant, 1605 Pheasant Lane, Southlake, Texas, support;
Jody Gooch, 705 Kleberg Court, Southlake, Texas, support;
Susan and Anthony Davis, 709 Manchester Court, Southlake, Texas, support;
Terry Walter, 907 Westminster Way, Southlake, Texas, support;
Dana Sternfeld, 402 Bayou Vista Court, Southlake, Texas, support;
Ken and Kelly Partyka, 1501 New Castle Road, Southlake, Texas, support;
Carolyn Freudenthal, 565 Truelove Trail, Southlake, Texas, support;
Catherine Coker, 2510 Greenbough Lane, Southlake, Texas, support;
Maureen and Chris Cramer, 1505 New Castle Road, Southlake, Texas, support;
Lori Pickle, 921 Parkview Lane, Southlake, Texas, support;
James R. Bulls, Box 93145, Southlake, Texas, support;
Russell D. Floyd, 1609 Regal Oaks Drive, support; and,
Kristy Floyd, 1609 Regal Oaks Drive, support.
Council discussed this request and asked questions of the applicant and of the city staff.
For the record, Councilmember Terrell stated his reason for the considering the replat (not the
subdivision into two lots) of this property is that the back part of the property is being added to
an adjoining lot, and they will end up with same acreage in two lots as they had previously
before the illegal subdivision. He added, however, he would need more information to allow the
further division into two lots such as how they will handle the trees and the easement.
Mr. Wasserman asked to table this request to work with city staff to find the proper resolution.
st
Motion was made to table Ordinance No. 480-484, 1 Reading (ZA05-164), Zoning Change for
a portion of Lot 1, Block 1, Arnold Estates to the April 4, 2006, City Council meeting.
Motion: Terrell
Second: Shankland
Chief Planner Killough suggested another option would be to remand this case to the Planning
and Zoning Commission for consideration. The first motion was withdrawn and a second motion
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 21, 2006
Page 6 of 7
was made. Councilmember Terrell withdrew his motion and Mayor Pro Tem Shankland
withdrew his second.
st
Motion was made to remand Ordinance No. 480-484, 1 Reading (ZA05-164), Zoning Change
for a portion of Lot 1, Block 1, Arnold Estates, to the Planning and Zoning Commission for
consideration.
Motion: Shankland
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 11A. House Bill 914 – conflict disclosure statements. City Manager Yelverton
presented this item to Council during the work session. Since this was only a discussion item, no
action was taken. Council agreed, however, that the requirements of the bill should apply to all
city employees rather than only board and commission members and specific employees. City
Manager Yelverton stated the new requirements would be incorporated into the ethics ordinance.
Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 11:42
p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary’s
Office.
______________________________
Andy Wambsganss
Mayor
ATTEST:
______________________________
Lori A. Farwell, TRMC
City Secretary
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 21, 2006
Page 7 of 7