Item 5ACITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: MARCH 15, 2005
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Pro Tern Keith Shankland and Deputy Mayor Pro
Tern Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones (arrived at 6: 00
p.m.), Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT: Mayor Andy Wambsganss.
STAFF PRESENT: City Manager Shana Yelverton, Interim Deputy City Manager
Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim
Bush, Manager of Information Systems Gary Gregg, Information Systems Technician
Slaven Manning, Library Administrator Kerry McGeath, Director of Community
Services Malcolm Jackson, Director of Economic Development Greg Last, Economic
Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Director of
Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner
Dennis Killough, Director of Public Safety Rick Black, Chief of Fire Services Robert
Finn, Director of Public Works Pedram Farahnak, Deputy Director of Public Works
Charlie Thomas, City Attorney Tim Sralla, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Pro Tern Shankland
at 5:32 p.m. City Council reviewed the agenda items with city staff and applicants.
Agenda items 8A, 10A, lOB, 10C, l0E and IOF were added to the consent agenda. The
work session ended at 6:25 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Pro
Tern Shankland at 6:25 p.m.
Agenda Item No. 2A. Executive Session. Mayor Pro Tern Shankland announced the City
Council would be going into Executive Session pursuant to the Texas Government Code,
Section 551.071, consultation with city attorney and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 6:25 p.m. Executive Session began at 6:51 p.m. and ended at 7:52 p.m.
Agenda Item No. 2B. Reconvene. Mayor Pro Tern Shankland reconvened the regular
meeting at 8:01 p.m. The Mayor Pro Tern asked if there was any action necessary as a
result of the Executive Session. No action was necessary.
Agenda Item No. 3. Invocation. The invocation was given by Chris Baer from The Met
Church. Mayor Pro Tern Shankland led the Pledge of Allegiance.
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Agenda Item No. 4A. Mayor's Report. Mayor Pro Tem Shankland announced upcoming
meetings and events.
Agenda Item No. 4B. City Manager's Report. There was no report given.
Agenda Item No. 4C. Financial Report. A written report was included in City Council's
packet.
Agenda Item No. 4D. Local Business Report. Director Last introduced Tye Faseler from
Blue Mesa Cafe 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 1, 2005, regular City Council
meeting. The minutes were approved with a correction to the time the regular meeting
was reconvened following executive session.
Agenda Item No. 5B. Authorize the Mayor to execute a non - exclusive license agreement
with Wil -Tel Communications for the installation of fiber optic cable in park property.
Director Jackson presented this item to Council during the work session.
Agenda Item No. 5C. Authorize the Mayor to execute the Commercial Developer
Agreement for Wyndham Plaza 24 Hour Fitness, a 5.54 acre tract located on the east side
of North Nolen Drive between FM 1709 and SH 114. Deputy Director Thomas presented
this item to Council during the work session.
Item No. 5D. Consider SP05 -017. Variance to the Sian Ordinance No. 704 -B for
Hibernia Bank located at 1110 East Southlake Boulevard. The applicant requested to
withdraw this item.
Agenda Item No. 5E. Ordinance No. 480 -451, 1 st Reading (ZA04 -101), Zoning Change
for Tracts 1AlA2, and 1AlA2D, B.J. Foster Survey, Abstract No. 519. The property is
located on the north side of Gifford Court, approximately 300 feet east of Randol Mill
Avenue. Current Zoning is AG Agricultural District. Requested Zoning is SF -lA Single
Family Residential District. SPIN Neighborhood #12. The applicant requested to table
this item until the April 5, 2005, City Council meeting.
Agenda Item No. 5F. Consider excusing members of the City Council and of the
Planning and Zoning Commission for absences from meetings. Mayor Pro Tern
Shankland presented this item to Council. Council agreed to excuse Commissioner
Michael Boutte from the March 3, 2005, Planning and Zoning Commission meeting.
Agenda Item No. 8A. Ordinance No. 480 -452, 1 st Reading (ZA04 -103), Zoning Change
and Concept Plan for Tract 1A2, Lakin H. Chivers Survey, Abstract No. 300; proposed
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Lots 1 -9, Brentwood Addition. The property is located at 2055 North White Chapel
Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: SF -30 Single
Family Residential District. SPIN Neighborhood #5. Chief Planner Killough presented
this item to Council during the work session. Applicant David McMahan, 726 Commerce
Street, Southlake, Texas, answered Council's questions.
Agenda Item No. 10A. Consider SP05 -050, Variance to the Sign Ordinance No. 704 -B
for Southlake Town Square located at the northeast corner of East Southlake Boulevard
and North Carroll Avenue. Chief Planner Killough presented this item to Council during
the work session. Applicant Brian Stebbins answered Council's questions.
Agenda Item No. lOB. Consider SP05 -066, Variance to the Sign Ordinance No. 704 -B
for Flagstaff Court located at 410, 420 and 430 North Carroll Avenue. Chief Planner
Killough presented this item to Council during the work session. Applicant Serge
Goldberg, Flagstaff Partners, answered Council's questions.
Agenda Item No. 10C. Approve an amendment to the Freese & Nichols Water Meter
Inventory and Condition Assessment Agreement. Director Elam presented this item to
Council during the work session.
Agenda Item No. 10E. Authorize the City Manager to enter into a professional services
agreement with Matrix Consulting Group to conduct a management study of the
Department of Public Safety. Interim Deputy City Manager Kiefer presented this item to
Council during the work session.
Agenda Item No. 10F. Authorize the City Manager to enter into a professional services
agreement with The Mercer Group, Inc. for executive recruitment services. City Manager
Yelverton presented this item to Council during the work session.
Motion was made to approve consent agenda items 5A with a correction to the time the
regular meeting was reconvened following executive session; 513; 5C; 5D was withdrawn
by the applicant; 5E was tabled to April 5, 2005, at the request of the applicant; 5F
excusing the absence of Commissioner Michael Boutte from the March 3 Planning and
Zoning Commission meeting; 8A subject to the Planning and Zoning Commission's
recommendation and accepting the applicant's willingness to use wrought iron fencing
with stone columns along the north, east, and south boundaries and noting that this
proposal deviates slightly from the Land Use Plan but specifically noting the low density
nature of the proposal; 10A; lOB recognizing the applicant's agreement to forfeit the use
of any monument signs and to not place signs on the north side of Building 430 and the
south side of Building 410; 10C; 10E; and lOF approving two separate agreements for
recruitment of the Assistant City Manager and of the Police Chief.
Motion: Muzyka
Second: Terrell
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6 -0
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REGULAR AGENDA:
Agenda Item No. 6. Public Forum. No one spoke.
Agenda Item No. 7A was moved to the end of the agenda.
Agenda Item No. 7B. Resolution No. 05 -014, (ZA05 -003), Specific Use Permit for
outside sales or service to allow a sno -cone stand for the months of April through
September on property located at 2199 East Dove Road. Current Zoning: C -1
Neighborhood Commercial District. SPIN Neighborhood #5. Chief Planner Killough
presented this item to Council in conjunction with item 7C. Applicant Jeff Day, 2861
Autumn Drive, Hurst, Texas answered Council's questions. In accordance with Section
4.21 of the City Charter, the caption for this term is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR OUTDOOR SALES OR
SERVICES FOR A SNO -CONE STAND ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, LOCATED AT 2199 EAST DOVE STREET, BEING
LEGALLY DESCRIBED AS TRACT 2J, SITUATED IN THE F. THROOP SURVEY,
ABSTRACT NO. 1511, MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND
PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 05 -014, (ZA05 -003), Specific Use Permit
for outside sales or service to allow a sno -cone stand for the months of April through
September on property located at 2199 East Dove Road for a two year term.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6 -0
Agenda Item No. 7C. Resolution No. 05- 015,_(ZA05 -004), Specific Use Permit for
outside sales or service to allow a sno -cone stand for the months of April through
September on property located at 2300 West Southlake Boulevard. Current Zoning: C -3
General Commercial District. SPIN Neighborhood #15. Chief Planner Killough presented
this item to Council in conjunction with item 7B. Applicant Jeff Day, 2861 Autumn
Drive, Hurst, Texas answered Council's questions. In accordance with Section 4.21 of the
City Charter, the caption for this term is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR OUTDOOR SALES OR
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SERVICES FOR A SNO -CONE STAND ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, LOCATED AT 2300 WEST SOUTHLAKE BOULEVARD,
BEING LEGALLY DESCRIBED AS LOT 4R2, J.G. ALLEN NO. 18 ADDITION,
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "N', AND AS
DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 05 -015, (ZA05 -004), Specific Use Permit
for outside sales or service to allow a sno -cone stand for the months of April through
September on property located at 2300 West Southlake Boulevard for a two year term.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6 -0
Agenda Item No. 7D. Ordinance No. 885, Consider all matters incident and related to the
issuance and sale of "City of Southlake, Texas, General Obligation Refunding Bonds
Series 2005," including the adoption of an ordinance authorizing the issuance of such
bonds and providing for the redemption of the obligations being refunded. Director Elam
presented this item to Council in conjunction with items 7E and 7F. In accordance with
Section 4.21 of the City Charter, the caption for this term is listed as follows:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE,
TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005 ";
SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A
CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF
SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED
TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS,
INCLUDING THE APPROVAL AND EXECUTION OF A PAYING
AGENT/REGISTRAR AGREEMENT, A PURCHASE LETTER AND A SPECIAL
ESCROW AGREEMENT; PROVIDING FOR THE REDEMPTION OF CERTAIN
OUTSTANDING OBLIGATIONS OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 885, Consider all matters incident and
related to the issuance and sale of "City of Southlake, Texas, General Obligation
Refunding Bonds, Series 2005," including the adoption of an ordinance authorizing the
issuance of such bonds and providing for the redemption of the obligations being
refunded.
Motion: Terrell
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Second:
Jones
Ayes:
Jones, Hill, Morris, Muzyka, Shankland, Terrell
Nays:
None
Approved:
6 -0
Agenda Item No. 7E. Resolution No. 05 -016, Consider all matters incident and related to
the issuance and sale of "Southlake Parks Development Corporation Sales Tax Revenue
Refunding Bonds, Series 2005," including the adoption of a resolution relating thereto.
Director Elam presented this item to Council in conjunction with items 7D and 7F. In
accordance with Section 4.21 of the City Charter, the caption for this term is listed as
follows:
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, RELATING TO THE " SOUTHLAKE PARKS DEVELOPMENT
CORPORATION SALES TAX THIRD LIEN REVENUE REFUNDING BONDS,
SERIES 2005;" APPROVING THE RESOLUTION OF THE SOUTHLAKE PARKS
DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF SUCH
BONDS; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE
ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 05 -016, Consider all matters incident and
related to the issuance and sale of "Southlake Parks Development Corporation Sales Tax
Revenue Refunding Bonds, Series 2005," including the adoption of a resolution relating
thereto.
Motion: Terrell
Second: Jones
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6 -0
Agenda Item No. 7F. Resolution No. 05 -017. Consider all matters incident and related to
the issuance and sale of "Southlake Parks Development Corporation Sales Tax Revenue
Refunding Bonds. Taxable Series 2005." including the adoption of a resolution relating
thereto Director Elam presented this item to Council in conjunction with items 7D and
7E. In accordance with Section 4.21 of the City Charter, the caption for this term is listed
as follows:
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, RELATING TO THE " SOUTHLAKE PARKS DEVELOPMENT
CORPORATION SALES TAX THIRD LIEN REVENUE REFUNDING BONDS,
TAXABLE SERIES 2005;" APPROVING THE RESOLUTION OF THE SOUTHLAKE
PARKS DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF
SUCH BONDS; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO
THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE.
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No one spoke during the public hearing.
Motion was made to approve Resolution No. 05 -017, Consider all matters incident and
related to the issuance and sale of " Southlake Parks Development Corporation Sales Tax
Revenue Refunding Bonds, Taxable Series 2005," including the adoption of a resolution
relating thereto.
Motion: Terrell
Second: Jones
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6 -0
Agenda Item No. IOD. Authorize the City Manager to implement the proposed transition
plan. City Manager Yelverton presented this item and answered questions from Council.
Council discussed the plan.
Motion was made to approve and authorize the City Manager to implement the proposed
transition plan.
Motion: Terrell
Second: Jones
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6 -0
Councilmember Hill briefed everyone on the Game Over event this morning at Carroll
Senior High School and gave information on the follow up program on March 16, 2005.
Auenda Item No. 7A. Resolution No. 05 -006. Adobtion of the South Side Plan Area
Studv (Areas C. D. G. and H) as a combonent of the Southlake 2025 Plan_ the
Comprehensive Master Plan for the City of Southlake. Director Baker presented this item
to Council. Planning and Zoning Commission Chairman Vernon Stansell reviewed the
Land Use recommendations with Council. Planning and Zoning Commissioner Brandon
Bledsoe reviewed the Mobility Recommendations and Environmental Recommendations
with Council.
Mayor Pro Tern Shankland opened the public hearing.
Michael Clay, 6565 North MacArthur Boulevard, Irving, Texas, represented the property
owner of 722 South Kimball Avenue. He spoke in opposition to the proposed change on
this property.
Mark Klatt, 1401 Chardonnay Court, Southlake, Texas, spoke in opposition to the
proposed change to the property at the northeast corner of Carroll Avenue and
Continental Boulevard.
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Dr. Samuel and Jane La, 1400 Chardonnay Court, Southlake, Texas, did not speak but
registered their opposition to the proposed change to the property at the northeast corner
of Carroll Avenue and Continental Boulevard.
Peggy Firestone, 1403 Chardonnay Court, Southlake, Texas, did not speak but registered
her opposition to the proposed change to the property at the northeast corner of Carroll
Avenue and Continental Boulevard.
Joel Minton, 1402 Chardonnay Court, Southlake, Texas, did not speak but registered his
opposition to the proposed change to the property at the northeast corner of Carroll
Avenue and Continental Boulevard.
Gary Pitcock, 1506 Spruce Court, Southlake, Texas, represented the South Hollow
subdivision and spoke in opposition to the proposed change to the property at the
northeast corner of Carroll Avenue and Continental Boulevard. He presented a petition
signed by his neighbors to City Council.
Kurt Grier, 1900 Brumlow Avenue, Southlake, Texas, spoke in opposition to the
proposed change on the property at 1900 Brumlow Avenue.
Jeff Wang, 595 South Kimball, Southlake, Texas, spoke in support of the South Side
Area Plan Study.
Naomi Cornelius, 702 Manchester Court, Southlake, Texas, spoke in support of the
proposed plan around the Cambridge Place subdivision. She read the following names of
her neighbors who also support the proposed plan: Glen and Amy Holland, 2804
Brookshire Court; Steve Hilton and Mark Caparalus, 2802 Brookshire Court; and Dr.
Vincent Paul, 702 Manchester Court.
Norman Brown, 3409 Heritage Oak Court,
proposed change to the property at the
Continental Boulevard.
Southlake, Texas, spoke in support of the
northeast corner of Carroll Avenue and
P &Z Chairman Stansell addressed specific issues discussed during public forum and
answered Council's questions.
Mayor Pro Tern Shankland closed the public hearing.
Motion was made to approve Resolution No. 05 -006, Adoption of the South Side Plan
Area Study (Areas C, D, G, and H) as a component of the Southlake 2025 Plan, the
Comprehensive Master Plan for the City of Southlake extending the T -1 overlay on the
Eby site and Southlake Family Unity site located on Brumlow Avenue; changing Parcel
2B back to its current Land Use Designation of Low Density Residential; changing
Parcel 16A back to its current Land Use Designation of Medium Density Residential;
considering the connectivity through Bicentennial Park from FM 1709 to White Chapel
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Boulevard; and considering a feasibility study for an above -grade pedestrian crossing
from Town Square to the property on the south side of FM 1709.
Motion: Terrell
Second: Morris
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell
Nays: None
Approved: 6 -0
Agenda Item No. 12. Meeting adjourned. Mayor Pro Tern Shankland adjourned the
meeting at 10:45 p.m.
!"An audio recording of this ineeting will be permanently retained in the City
Secretary's Office.
Keith Shankland
Mayor Pro Tern
ATTEST:
Lori A. Farwell, TRMC
City Secretary
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