2005-01-04
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CITY OF SOUTHLAKE
OFFICIAL RECORD
REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 4.2005
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland
and Deputy Mayor Pro Tern Carolyn Morris; and Councilmernbers Laura K. Hill, Gregory Jones,
Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton,
Assistant to the City Manager Ben Thatcher, Executive Secretary Kim Bush, Library
Administrator Kerry McGeath, Manager of Information Systems Gary Gregg, Audio Visual
System Technician Pam Jordan, Director of Economic Development Greg Last, Director of
Finance Sharen Elam, Manager of Courts and Utility Billing Sean Leonard, Director of Human
Resources Kevin Hugman, Director of Planning Ken Baker, Senior Planner Dennis Killough,
Director of Public Safety Rick Black, Director of Public Works Pedram Farahnak, Deputy
Director of Public Works Charlie Thomas, Construction Manager Clayton Redinger, City
Attorney E. Allen Taylor 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. The following agenda
items were added to the consent agenda: 8A to table to the February 15, 2005, City Council
meeting; 8B Ordinance No. 480-450 (ZA04-086) deferring the drainage study and plan by the
engineering staff until a building permit is requested; 9A Resolution No. 05-001, appointing
Keith Shankland as Chairperson of the Board of Directors; 9B Resolution No. 05-002; 9C
Resolution No. 05-003; lOA excusing absence of Deputy Mayor Pro Tern Morris from the
December 7, 2004, Council meeting; lOB; IOC (ZA04-093) subject to Plat Review Summary
No.2, dated December 3, 2004; IOD (ZA04-096) subject to Plat Review Summary No.3, dated
December 3,2004; IOE (SP04-252); and lOG (SP04-131) to table to the January 18, 2005, City
Council meeting. The work session ended at 6:03 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular seSSIon was called to order by. Mayor
Wambsganss at 6:03 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced 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 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive Session at
6:03 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005
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Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:46
p.m. and 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 Bill Ramsey of The Met Church.
Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 4Al. Proclamation to Carroll Senior High School football team. Mayor
Wambsganss presented a proclamation for Carroll Dragon Day to Coach Todd Dodge and team
members in recognition of their perfect season and their recent win of the Class 5A Division II
State Championship game. Booster Club President Jack Luna presented the Council with
championship t-shirts and thanked them for their support.
Agenda Item No. 4A2. Proclamation in memory of Coach Charlie Stalcup. Mayor Wambsganss
presented a proclamation in memory of Coach Charlie Stalcup to wife Cindy and children Price
and Jamie.
Mayor Wambsganss adjourned the meeting for a short break at 7:08 p.m. Mayor Wambsganss
reconvened the meeting at 7:15 p.m.
Agenda Item No. 4E2. Sister Cities nresentation of gifts. Councilmember Terrell made a
presentation to the Mayor and to the City by presenting various mementos from Sister City
Toyoma, Japan: a banner celebrating Toyoma's 400th Anniversary; a scroll; and a Kendo
costume. Dee and Kiko Ekstrom thanked City Council and Councilmember Terrell for their
continued involvement in the Sister City Program.
Agenda Item No. 4A. Mavor's Renort. Mayor Wambsganss announced upcoming meetings and
events.
Agenda Item No. 4B. City Manager's Report. City Manager Campbell updated Council on
various joint road construction projects with Tarrant County.
Agenda Item No. 4C. SPIN Board Report. Representative Cara White discussed the series of
upcoming SPIN forums.
Agenda Item No. 4D. Library Board Renort. A written report was included in City Council's
packet.
Agenda Item No. 4E. Park and Recreation Board Report. Board member Liz Durham announced
upcoming meetings and events.
Agenda Item No. 4El. Presentation of TRAPS "Advocate of the Year" Awarded to the Libertv
Garden Committee. The Southlake Liberty Garden Committee presented the award to the Mayor
and read a proclamation received from State Representative Vicki Truitt for the Liberty Garden
project.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005
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Agenda Item No. 4F. Local Business Reoort. Director Last presented General Manager David
Cole from i Fratelli who introduced his business to the Council.
Mayor Wambsganss announced 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 551.074, deliberation regarding
personnel matters; and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 7:43 p.m. Executive Session began
at 7:54 p.m. and ended at 8:55 p.m. Mayor Wambsganss reconvened the meeting and asked if
there was any action necessary as a result of the Executive Session. No action was necessary.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion.
Agenda Item No. 5A. Anprove the minutes for the December 7. 2004. regular City Council
meeting. Approved as presented.
Agenda Item No. 5B. Authorize the City Manager to enter into a settlement agreement with
Architectural Utilities Limited Partnershin dba Am General Contractors. Council approved a
settlement agreement as discussed in executive session.
Agenda Item No. 8A. Ordinance No. 480-446. (ZA04-044). I st Reading. Zoning Change and
Concept Plan for Kimball Estates located at 1470 North Kimball Avenue. Current Zoning: SF-
lA Single Family Residential District. Reauested Zoning: SF-20A Single Family Residential
District. SPIN Neighborhood #5. Per the applicant's request this item was tabled to the February
15,2005, Council meeting.
Agenda Item No. 8B. Ordinance No. 480-450. (ZA04-086). 1 st Reading. Zoning Change for
1280 Sunshine Lane. Current Zoning: AG Agricultural District. Reauested Zonin~: SF-IA
Sin~le Family Residential District. SPIN Neighborhood #3. Senior Planner Killough presented
this item to Council during the work session subject to the drainage study and plan being
deferred by the engineering staff until a building permit is requested.
Agenda Item No. 9A. Resolution No. 05-001. AnDointing a Chairoerson of the Board of
Directors of Tax Increment Reinvestment Zone Number One. Director Elam presented this item
to Council during the work session. Council appointed Mayor Pro Tem Shankland as
Chairperson. In accordance with Section 4.21 of the City Charter, the caption for this term is
listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A
CHAIRPERSON OF THE BOARD OF DIRECTORS OF TAX INCREMENT
REINVESTMENT ZONE NUMBER ONE AND PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 9B. Resolution No. 05-002. Authorizing the City's intervention before the
Railroad Commission of Texas regarding the filing of a gas cost nrudence reyiew by Atmos
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Energy Corooration. formerly TXU Gas Company: designating a reoresentative of the City to
serve on a steering committee: and reauiring reimbursement of reasonable legal and consultant
expenses. Director Elam presented this item to Council in conjunction with Agenda Item No. 9C.
In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows:
A RESOLUTION BY THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING
INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS IN GAS
UTILITIES DOCKET (GUD) NO. 9530; AUTHORIZING P ARTICIP ATION WITH OTHER
CITIES SERVED BY ATMOS ENERGY CORPORATION, FORMERLY KNOWN AS TXU
GAS COMPANY, IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING A
GAS COST PRUDENCE REVIEW RELATED TO A FILING MADE IN SEPTEMBER OF
2004 AS REQUIRED BY THE FINAL ORDER IN GUD NO. 8664; DESIGNATING A
REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE;
REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT
EXPENSES.
Agenda Item No. 9C. Resolution No. 05-003. SUSllending an interim rate adiustment proposed
bv Atmos Energy Corporation. formerly TXU Gas Company: authorizing participation in a
steering committee to review the proposed rate increase and recommend further action related to
the proposed rate increase: desilplating a reoresentative of the City to serve on the steering
committee: authorizing intervention in any proceedings related to the proposed rate increase: and
requiring reimbursement of reasonable legal and consultant expenses. Director Elam presented
this item to Council in conjunction with Agenda Item No. 9B. In accordance with Section 4.21 of
the City Charter, the caption for this term is listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, SUSPENDING THE
PROPOSAL BY ATMOS ENERGY CORP. TO IMPLEMENT INTERIM GRIP RATE
ADmSTMENTS FOR GAS UTILITY INVESTMENT IN 2003; AUTHORIZING
PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., MID-
TEX DIVISION, IN A REVIEW AND INQUIRY INTO THE BASIS AND
REASONABLENESS OF THE PROPOSED RATE ADmSTMENTS; AUTHORIZING
INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE
PROPOSED GRIP RATE ADmSTMENTS; DESIGNATING A REPRESENTATIVE OF THE
CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF
REASONABLE LEGAL AND CONSULTING EXPENSES.
Agenda Item No. lOA. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings. Mayor Wambsganss presented this item to
Council during the work session. Council excused the absence of Deputy Mayor Pro Tem Morris
from the December 7, 2004, City Council meeting.
A~enda Item No. lOB. Authorize the City Manager to enter into an interlocal agreement between
the Town of Highland Park and the City of Southlake regarding the use of a shared radio
freauency. Manager of Technical Services Gregg presented this item to Council during the work
session.
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Agenda Item No. 10C. ZA04-093. Revised Preliminary Plat for Block 2. Gatewav Plaza Phase
II. The nropertv is bounded bv State Highwav 114 on the north side. East Southlake Boulevard
on the south side and North Nolen Drive on the west side. Current Zoninll: S-P-2 Generalized
Site Plan District. Senior Planner Killough presented this item to Council during the work
session. Applicant Terry Wilkinson answered Council's questions.
Allenda Item No. 10D. ZA04-096. Plat Revision for Lots .lR1 & 1R2. Block 1. Bonola Family
Addition; being a revision of Lot 1. Block 1. Bonola Familv Addition. The nroperty is located on
the north side of State Highwav 114. annroximatelv 800 feet east of Shady Lane. Current
Zoning:: C-3 General Commercial District. Senior Planner Killough presented this item to
Council during the work session.
Agenda Item No. 10E. Consider SP04-252. Variance to the Sim Ordinance 704-B for Crystal
Clear Wireless located at 2301 West Southlake Boulevard. Suite 200. Senior Planner Killough
presented this item to Council during the work session.
Agenda Item No. lOG. Consider SP04-131. Variance to the Sim Ordinance 704-B for La Petite
Academv located at 1400 West Southlake Boulevard. Council agreed to table this item to the
January 18,2005, City Council meeting.
Motion was made to approve consent agenda items 5A; 5B settlement agreement as discussed in
executive session; 8B Ordinance No. 480-450 (ZA04-086) deferring the drainage study and plan
by the engineering staff until a building permit is requested; 9A Resolution No. 05-001,
appointing Keith Shankland as Chairperson of the Board of Directors; 9B Resolution No. 05-
002; 9C Resolution No. 05-003; lOA excusing absence of Deputy Mayor Pro Tern Morris from
the December 7,2004, Council meeting; lOB; IOC (ZA04-093) subject to Plat Review Summary
No.2, dated December 3, 2004; IOD (ZA04-096) subject to Plat Review Summary No.3, dated
December 3,2004; 10E (SP04-252); and lOG (SP04-131) to table to the January 18, 2005, City
Council meeting.
Motion: Shankland
Second: Terrell
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke.
Agenda Item No. 7 A. ZA04-063. Revised Development Plan for Pecan Creek. Lot 2R. Block 60.
Timarron Addition Phase 5. located on the east side of the 200 block of Byron Nelson Parkway
annroximately 500 feet south of East Southlake Boulevard. Current Zoning: R-PUD Residential
Planned Unit Develot>ment District. SPIN Neighborhood #ge. Senior Planner Killough presented
this item to Council. Applicant John Drews answered Council's questions.
No one spoke during the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005
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Motion was made to approve ZA04-063, Revised Development Plan for Pecan Creek subject to
Development Plan Review Summary No.5, dated December 3, 2004; allowing the requested
stacking variances; and, noting that a reference on Southlake's Master Thoroughfare Plan should
be made showing that Zena Rucker Road will be built on this plan according to the design
criteria of this road on the Master Thoroughfare Plan.
Motion: Terrell
Second: Shankland
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. IOF. Consider SP04-215. Variance to the Sign Ordinance No. 704-B for
Albertson's located at 2201 West Southlake Boulevard. Senior Planner Killough presented this
item to Council during the work session. Applicant Brian Bush, 213 East McRoy Boulevard,
Saginaw, Texas, answered Council's questions.
Motion was made to approve SP04-215, Variance to the Sign Ordinance No. 704-B for
Albertson's located at 2201 West Southlake Boulevard with the following modifications:
channel sign lettering for the words, Save On, and with logo box lettering for the word,
Pharmacy, with matching building colored background behind the word Pharmacy.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced 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 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive Session at
9:14 p.m. Executive Session began at 9:20 p.m. and ended at 10:20 p.m. Mayor Wambsganss
reconvened the meeting at 10:40 p.m.
Agenda Item No. 8C. Ordinance No. 882. 1 st Reading. Appointing an Alternate Municipal Judge
and authorizing the Mavor to execute an agreement with the Alternate Municipal Judge and
providing an effective date.
Motion was made to table Ordinance No. 882, 1 st Reading, to the January 18,2005, City Council
meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Muzyka
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Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 10:41
p.m.
*An audio recording of this meeting win be permanently retained in the City Secretary's
Office.
ATTEST:
IArik:t ~~()Q
City Secretary
-A~~
Andy Wambsganss
Mayor
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REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005
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