Item 5ACITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: MAY 18, 2004
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tern W. Ralph
Evans, Deputy Mayor Pro Tern Rex Potter, and Councilmembers Carolyn Morris
(arrived at 6:05 p.m.), Keith Shankland, Greg Standerfer, and Tom Stephen (arrived at
5:50 p.m.).
CITY COUNCIL ABSENT: None.
STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana
Yelverton, City Manager's Office Administrative Secretary Diana Smith, Assistant to the
City Manager John Eaglen, Library Administrator Kerry McGeath, Manager of Technical
Services Gary Gregg, Audio Visual System Technician Pam Jordan, Information Systems
Technician Sam Cobb, Director of Community Services Malcolm Jackson, Deputy
Director of Community Services Steve Polasek, Senior Parks Planner Chris Carpenter,
Director of Economic Development Greg Last, Director of Finance Sharen Elam,
Director of Human Resources Kevin Hugman, Director of Planning Bruce Payne, Senior
Planner Dennis Killough, Director of Public Safety Rick Black, Chief of Fire Services
Robert Finn, Chief of Police Marlin Price, Director of Public Works Pedram Farahnak,
Deputy Director of Public Works Charlie Thomas, Public Works Supervisor Jimmy
Funderburg, Public Works Supervisor Mike Ishmael, Deputy City Secretary Tara Brooks,
City Attorney Debra Drayovitch, and City Secretary Lori Farwell.
WORK SESSION The work session was called to order by Mayor Wambsganss at 5:34
p.m.
City Council reviewed the agenda items with city staff and applicants. Agenda items 813,
10A, IOB, IOC, IOD, and I OE were added to the consent agenda. The work session ended
at 6:04 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order The regular session was called to order by Mayor
Wambsganss at 6:04 p.m.
Agenda Item No. 2A. Executive Session Mayor Wambsganss announced that the 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; Section 551.073, deliberation regarding prospective gift; Section 551.074,
deliberation regarding personnel matters; Section 551.076, deliberation regarding security
devices; Section 551.087, deliberation regarding economic development negotiations;
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 18, 2004
Page I of 7
Section 418.183(f) Texas Disaster Act; and Section 418.106(d) & (e), local meetings to
discuss emergency management plans regarding pipeline safety. City Council adjourned
for Executive Session at 6:04 p.m. Executive Session began at 6:22 p.m. and ended at
7:00 p.m.
Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at
7:04 p.m. The Mayor asked if there was any action necessary as a result of the Executive
Session.
Motion was made to approve and authorize the City Manager to enter into the settlement
agreements as discussed in executive session with Douglas and Virginia Caston and
Sutton & Associates, L.P.
Motion: Standerfer
Second: Potter
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 3. Invocation The invocation was given by Todd Renner of White's
Chapel United Methodist 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. The Mayor presented a proclamation for Public Works Week to
Director Farahnak, Deputy Director Thomas, and Supervisors Funderburg and Ishmael.
Agenda Item No. 4B. City Manager's Report City Manager Campbell commented on the
notice that was mailed to residents in their recent water bills regarding a utility billing
software update. He also announced that as of today, May 18, the City took over the
former AquaSource water system on the north side of town. City Manager Campbell also
announced that Standard & Poors upgraded the City from a AA- to a solid AA credit
rating.
Agenda Item No. 4C. Financial 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. 5A. Approve minutes for the May 4, 2004, regular City Council
meeting Council approved the minutes as presented.
Auenda Item No. 5B. Resolution No. 04 -031. Authorization of abblication for a Texas
Parks and Wildlife (TPWD) Recreational Fund Grant for Bob Jones Park trails. Senior
Parks Planner Carpenter presented this item to Council during the work session. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 18, 2004
Page 2 of 7
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, HEREINAFTER
REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS
BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE
"APPLICANT" IN DEALING WITH THE TEXAS PARKS AND WILDLIFE
DEPARTMENT, HEREINAFTER REFERRED TO AS THE "DEPARTMENT," FOR
THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATIONAL TRAILS
GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM;"
CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM
ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS
READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR
PERMANENT PUBLIC PARK AND RECREATIONAL USES.
Agenda Item No. 8B. Ordinance No. 480 -438, 1 st Reading (ZA04 -022) Zoning Change
for 880 South Carroll Avenue. Current Zoning: R -PUD Residential Planned Unit
Development District. Requested Zoning: SF -lA Single Family Residential District.
SPIN Neighborhood #9E. Senior Planner Killough presented this item to Council during
the work session.
Agenda Item No. 10A. Approve a lease agreement for grazing on undeveloped property
in Bicentennial Park. Deputy Director Polasek presented this item to Council during the
work session. Mayor Pro Tern Evans recused himself for this item and was not present
during the discussion.
Agenda Item No. lOB. Consider SPO4 -082, Variance to Sign Ordinance No. 704 -
B, Southlake Woods Subdivision, located at 1080 South Peytonville Avenue on the
northwest corner of South Peytonville Avenue and Stonebury Drive. Senior Planner
Killough presented this item to Council during the work session.
Agenda Item No. 10C. Consider SPO4 -088, Variance to Sign Ordinance No. 704 -
B, Bassett Furniture Direct, located at 2951 East State Highway 114 Senior Planner
Killough presented this item to Council during the work session.
Agenda Item No. lOD. Accept donation from Art In The Square Senior Parks Planner
Carpenter presented this item to Council during the work session.
Agenda Item No. 10E. Accept donation from Debbie Baynard Senior Parks Planner
Carpenter presented this item to Council during the work session.
Motion was made to approve Items No. 5A, 513, 813, 10A, lOB requiring the sign to be
removed the earlier of the selling of the last lot or until six months, l OC, l OD, and 10E.
Motion: Standerfer
Second: Potter
Items No. 5A, 513, 813, 1 O requiring the sign to be removed the earlier of the selling of
the last lot or until six months, IOC, IOD, and 10E:
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 18, 2004
Page 3 of 7
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Item No. l0A
Ayes: Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Abstains: Evans
Approved: 6 -0 -1
REGULAR AGENDA
Agenda Item No. 6. Public Forum
David Boyer, 4515 South Pinemont, Suite 216, Houston, Texas, spoke to Council
regarding new regulations on clothing donation boxes in Southlake.
Hal Sauls, 115 Meadow Run, Coppell, Texas, spoke to Council regarding a traffic stop on
November 20, 2003.
Agenda Item No. 7A. Ordinance No. 480 -437, 2nd Reading (ZA03 -096) Zoning Change
with Development Plan for Estes Park, Phase II, generally located along the north side of
the 700 to 900 blocks of Primrose Lane, the west side of the 2100 block of North Carroll
Avenue and the south side of the 800 block of East Dove Street. Current Zoning: AG
Agricultural District and R -PUD Residential Planned Unit Development. Requested
Zoning: R -PUD Residential Planned Unit Development. SPIN Neighborhood #5. Senior
Planner Killough presented this item to Council. Applicants Kosse Maykus with Hat
Creek Development Company, 722 Edward Court, Southlake, Texas, and Paul Spain with
Terra Land Development Company, 395 West Southlake Parkway, Suite 300, Southlake,
Texas, answered Council's questions.
No one spoke during the public hearing. The Mayor read comment cards from people
who did not wish to speak but wanted to record their support:
Louis and Leslie Morris, 1030 Primrose, Southlake, Texas;
Christine Beyne, 1086 Primrose Lane, Southlake, Texas;
Robert and Margie Morganstean, 356 Harvey Street, DeLeon, Texas;
G.B. and Kathy Mariner, 820 Primrose Lane, Southlake, Texas; and,
A.S. Hosea, 845 East Dove Road, in support.
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 57.36 ACRES OF
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 18, 2004
Page 4 of 7
LAND SITUATED IN THE A. CHIVERS SURVEY, ABSTRACT NO. 299,
DESCRIBED AS TRACTS lA1B, lA1D, lAlE, lAlEl, 113, 2A, 2A1, 2A2, 2C1 AND
2C3, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "AG" AGRICULTURAL DISTRICT AND "R -PUD" RESIDENTIAL
PLANNED UNIT DEVELOPMENT DISTRICT TO "R -PUD" RESIDENTIAL
PLANNED UNIT DEVELOPMENT DISTRICT, 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.
Motion was made to approve Ordinance No. 480 -437, 2nd Reading (ZA03 -096) Zoning
Change with Development Plan for Estes Park, Phase II, as submitted on 2nd Reading
with the exception of placing a minimum of 1,800 S.F. house size on Lot 1, Block 11.
Motion: Standerfer
Second: Shankland
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 7B. ZA03 -097, Preliminary Plat for Estes Park, Phase II, on property
generally located along the north side of the 700 to 900 blocks of Primrose Lane, the west
side of the 2100 block of North Carroll Avenue and the south side of the 800 block of
East Dove Street. Current Zoning: AG Agricultural District and R -PUD Residential
Planned Unit Development District. Proposed Zoning: R -PUD Residential Planned Unit
Development District. SPIN Neighborhood #5 Senior Planner Killough presented this
item to Council in conjunction with Agenda Item 7A.
Motion was made to approve ZA03 -097, Preliminary Plat for Estes Park, Phase II,
subject to Plat Review Summary No. 4, dated May 12, 2004.
Motion: Standerfer
Second: Evans
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss
Nays: None
Approved: 6 -0 (Councilmember Stephen was out of the room)
Agenda Item No. 7C. Resolution No. 04 -018 (ZA03 -091) Specific Use Permit for
Southlake Boarding Facility on property located at the northeast corner of East
Continental Boulevard and Crooked Lane. Current Zoning: I -1 Light Industrial District.
SPIN Neighborhood #7 . This item was withdrawn by the applicant on May 10, 2004.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 18, 2004
Page 5 of 7
Agenda Item No. 7D. Ordinance No. 864, Approving and authorizing the issuance of
General Obligation Refunding Bonds, Series 2004 Director Elam 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 AUTHORIZING THE ISSUANCE OF CITY OF SOUTHLAKE,
TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004;
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 CONTRACT AND A SPECIAL
ESCROW AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN
OFFICIAL STATEMENT; 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. 864, Approving and authorizing the issuance
of General Obligation Refunding Bonds, Series 2004.
Motion: Standerfer
Second: Potter
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 8A. Ordinance No. 480 -436, 1s Reading (ZA04 -006) Zoning Change
and Site Plan for Tamer Office Building described as Lot 1, Block 4, Timarron Phase
One, Section Two, Bent Creek, located at 175 East Continental Boulevard. Current
Zoning: R -PUD Residential Planned Unit Development District. Requested Zoning SP-
1 Detailed Site Plan District. SPIN Neighborhood #9W Senior Planner Killough
presented this item to Council. Applicant Michael Tamer, 1319 Eagle Bend Drive,
Southlake, Texas, made a presentation and answered Council's questions.
Mayor Wambsganss allowed the audience to speak. No one spoke.
Motion was made to approve Ordinance No. 480 -436, 1s Reading (ZA04 -006) as
approved by the Planning and Zoning Commission meeting.
Motion: Standerfer
Second: Shankland
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 18, 2004
Page 6 of 7
Agenda Item No. IOF. ZA04 -031, Consider variance to the Driveway Ordinance No. 634
on property located at the southeast intersection of East Continental Boulevard and South
Kimball Avenue Senior Planner Killough presented this item to Council. Applicant Tom
Mathews answered Council's questions.
Motion was made to ZA04 -031, Variance to Driveway Ordinance No. 634 on property
located at the southeast intersection of East Continental Boulevard and South Kimball
Avenue.
Motion: Standerfer
Second: Evans
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 12. Meeting adjourned Mayor Wambsganss adjourned the meeting at
8:13 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, MAY 18, 2004
Page 7 of 7