2009-06-27 CC Joint meeting CITY OF
( SOUTH LAKE
TEXAS
JOINT MEETING OF THE CITY COUNCIL AND THE PLANNING AND ZONING
COMMISSION: JANUARY 27, 2009
LOCATION: Southlake Town Hall
Council Chambers
1400 Main Street finarBoillt3
I Southlake, Texas 76092
Dew Ito Undon JA)t w14lla°
TIME: 5:00 P.M.
1. Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Section 551.071 . Refer to posted list attached
hereto and incorporated herein. Executive Session may be held, under
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this exception, at any time during the meeting that a need arises for
the City Council and the Planning and Zoning Commission to seek
advice from the City Attorney as to the posted subject matter of this
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meeting.
1 . Section 551.071: Consultation with attorney
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a. Seek the advice of the city attorney regarding legal issues
related to stormwater management and erosion control.
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B. Reconvene: Action necessary on items discussed in Executive Session.
3. Presentation: Stormwater Management and Erosion Control.
I4. Meeting adjourned.
R CERTIFICATE
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I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, January 23, 2008, by 6:00 p.m.,
Ii pursuant to the Texas Government Code, Chapter 551.
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Lori Payne, TRMC V
City Secretary ,_; "' '- �'
' h If you plan to attend this public eting and have a disability that requires special needs, please
advise the City Secretary's'office oy48 hours in advance at 817-748-8016 and reasonable
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accommodations will be made to,) 44gs �you..,s'
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City of Southlake values:
Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
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EXECUTIVE SESSION
Section 551.071: Consultation with attorney
The City Council may conduct a private consultation with its attorney when the City
Council seeks the advice of its attorney concerning any item on this agenda, about
pending and contemplated litigation, or a settlement offer, or on a matter in which the
duty of the attorney to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551.
This includes the following pending and/or contemplated litigation subjects:
i 1. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a
Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John
R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004.
2. Michael Kenny vs. City of Southlake. April 2008.
3. Jayson Steele vs. City of Southlake. August 2008.
Section 551.072: Deliberation regarding real property
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: Deliberation regarding prospective gift or donation
The City Council may conduct a closed meeting to deliberate a negotiated contract for a
prospective gift or donation to the City.
Section 551.074: Deliberation regarding personnel matters
The City Council may deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of public officers, including the City
Manager, City Secretary, City Attorney, Municipal Judge and city boards and
ib commission members. A complete list of the city boards and commissions is on file in
the City Secretary's Office.
Section 551.076: Deliberation regarding security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations
The City Council may discuss or deliberate regarding commercial or financial
information received from a business prospect that the city seeks to have locate, stay,
or expand in or near the city and which the City is conducting economic development
negotiations; or to deliberate the offer of a financial or other incentive to a business
prospect as described above.
City of Southlake values:
Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
Section 418.183(f): Texas Disaster Act
The City Council may deliberate information: 1) for purposes of preventing,
investigating, or responding to an act of terrorism or related criminal activity and
involving emergency response providers, their staffing, contact information and tactical
plans; 2) that relates to the risk or vulnerability of persons or property, including
infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive
weapon, the location of a material that may be used in a chemical, biological or
radioactive weapon, or unpublished information pertaining to vaccines or devices to
detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism-related
report to an agency of the United States; 6) that relates to technical details of particular
' vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information
regarding security measures or security systems intended to protect public and private
property from an act of terrorism. The Texas Disaster Act specifically requires that a
Itape recording of the closed meeting be made.
Section 418.106(d) & (e): Local meetings to discuss emergency management
I plans regarding pipeline safety
The City Council may discuss emergency management plans involving pipeline safety
and/or security of pipeline infrastructures or facilities when those plans or discussions
ki_ contain such sensitive information.
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City of Southlake values:
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Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
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CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 20, 2009
LOCATION: 1400 Main Street, Southlake, Texas
11 Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Pro Tern John Terrell, Deputy Mayor Pro Tern
s Gregory Jones (arrived at 6:11 p.m.) and Councilmembers Laura K. Hill, Pamela Muller,
Virginia M. Muzyka, and Vernon Stansell.
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CITY COUNCIL ABSENT: Mayor Andy Wambsganss.
4 I STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Community Relations Officer Pilar Schank, Information
Systems Technician Vicky Roche, Interim Director of Community Services Chris Tribble,
Deputy Director of Community Services Kerry McGeath, Senior Services Coordinator
Amanda Troum, Librarian Jesse Ephraim, Library Clerk II Nicola Jesse, Assistant
Director of Finance Sean Leonard, Human Resources Supervisor Stacey Black,
Director of Planning and Development Services Ken Baker, Deputy Director of Planning
and Development Services Dennis Killough, Chief Building Official Paul Ward, Planner I
' Lorrie Fletcher, Permit Technician Dianna Brawner, Chief of Police Services Robert
Finn, Lieutenant Rhonda Moore, Officer Jeff Paul, Officer Tim Stites, Chief of Fire
Services Mike Starr, Director of Public Works Robert H. Price, Deputy Director of Public
Works Gordon Mayer, Civil Engineer Michael James, Public Works Administrative
' Secretary Linda Sadler, City Attorney E. Allen Taylor, and City Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor Pro
Tern Terrell at 5:09 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month Margy Gore gave the invocation.
Mayor Pro Tern Terrell led the pledge of allegiance.
Agenda Item No. 3. l2ACTion Award presentation (July — December 2008). Human
Resources Supervisor Black presented this item to Council. 22 Southlake employees
were recognized for their exemplary service: Ernie Aguilar, Johnny Lopez, David
Aguayo, Susie Hernandez, Amanda Troum, Nicola Jesse, Zach Garrett, Tim Hackrott,
Joe Robles, Steve Morton, Jeff Paul, Linda Sadler was recognized twice, Stephanie
Breitbarth, Ronnie White, Dianna Brawner, Renni Burt, Jesse Ephraim, Tyler Sewell,
Ben Brown, Tim Stites, and Caroline Seay.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 20, 2009
Page 1 of 9
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Agenda Item No. 4. Solid waste ordinance revisions. Assistant City Manager / Director
Blagg presented this item to Council and answered questions. Director Price also
answered Council's questions.
Agenda Item No. 5. Kimball Road project. Civil Engineer James presented this item to
Council. Director Price answered Council's questions.
Agenda Item No. 6. Discuss all items on tonight's meeting agenda. City Council
reviewed the consent agenda items with city staff. Item 4B was removed from the
consent agenda and will be considered at a later meeting.
Mayor Pro Tem Terrell closed the work session at 6:11 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Pro
Tern Terrell at 6:11 p.m.
Agenda Item No. 2A. Executive Session. Mayor Pro Tern Terrell announced City
Council would be going into Executive Session pursuant to the Texas Government
Code Section 551.071, seek advice from the city attorney, and Section 551.087,
deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:11 p.m.
Executive Session began at 6:30 p.m. and ended at 7:06 p.m.
Agenda Item No. 2B. Reconvene. Mayor Pro Tern Terrell reconvened the regular
meeting at 7:22 p.m. and asked if any action was necessary from Executive Session.
No action was necessary.
Agenda Item No. 3A1. Mayor's Report - update of upcoming meetings and events.
Mayor Pro Tern Terrell announced upcoming meetings and events.
Agenda Item No. 3B. Local Business Report. There was no report given.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. Mayor Pro Tern Terrell read the items into the
record.
Agenda Item No. 4A. Approve minutes from the January 6, 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B. Approve the renewal of landscape maintenance contracts with
TruGreen LandCare in the amount of $93,894.40. Council discussed this item during
111. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 20, 2009
Page 2 of 9
the work session and removed it from the agenda to further evaluate the increase. No
action was taken on this item.
Agenda Item No. 4C. This item was intentionally left blank.
Agenda Item No. 4D. Approve the 2009 Community Service Agreement with Call A Ride
Southlake. A presentation was not made on this item.
Agenda Item No. 4E. This item was intentionally left blank.
Agenda Item No. 4F. Approve contracts with Archie St. Clair in the amount of $280,000
L. and Liz Bonham in the amount of $5,000 to provide art for the new DPS Headquarters.
A presentation was not made on this item.
Agenda Item No. 4G. Resolution No. 09-001, Supporting Rail North Texas: a primary
rail legislative program with supplemental roadway improvements. A presentation was
not made on this item, but Assistant City Manager Thatcher answered Council's
questions during the work session. 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
EXPRESSING SUPPORT FOR RAIL NORTH TEXAS: A PRIMARY RAIL
LEGISLATIVE PROGRAM WITH SUPPLEMENTAL ROADWAY IMPROVEMENTS.
Agenda Item No. 4H. Approve an encroachment and joint use agreement with
Charleston Court, LP for Lot 3R, Block 4, Cornerstone Business Park. A presentation
was not made on this item.
Agenda Item No. 41. Variance to the Subdivision Ordinance No. 483, as amended,
regarding plat expirations, requesting to extend the validity of Case ZA06-046, Plat
Revision Lot 2B2AR, Block 1, Burnett Acres located at 1275 Shady Oaks Drive. Current
Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #11. A
presentation was not made on this item.
Agenda Item No. 4J. Consider SP08-268, Variance to Sign Ordinance No. 704-C for
Scooter's Chevron located at 2150 East State Highway 114. The applicant requested to
4 withdraw this request.
Agenda Item No. 4K. ZA07-144, Site Plan for Lot 1, Players Circle on property being
legally described as Lot 1, Block 1, Players Circle Addition and being located at 1901
IIII West Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN
Neighborhood #16. The applicant requested to table this item to the February 3, 2009
City Council meeting.
Agenda Item No. 4L. Appoint Chris Tribble as Director of Community Services. City
II Manager Yelverton introduced Chris Tribble to Council.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 20, 2009
Page 3 of 9
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Agenda Item No. 4M. Appoint Dale E. Dean III as Director of the Department of
Information Technology. City Manager Yelverton introduced Dale E. Dean III to Council.
Motion was made to approve consent agenda items 4A; 4D; 4F; 4G; 4H; 41; to withdraw
item 4J; to table item 4K to the February 3, 2009 City Council meeting; 4L; and 4M.
Motion: Stansell
Second: Muller
Vote on Items 4A; 4D; 4F; 4G; 4H; 41; to withdraw item 4J; to table item 4K to the
February 3, 2009 City Council meeting; and 4M:
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell
Nays: None
Approved: 6-0
Vote on Item 4L:
Ayes: Hill, Jones, Muzyka, Stansell, Terrell
Nays: Muller
Approved: 5-1
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Pro Tern Terrell opened the public forum.
Greg Holm, 1345 Ten Bar Court, Southlake, Texas spoke to Council regarding the
placement of a cattle feeder next to his property/fence line.
Kenneth Horne, 1215 Ashmoore Court, Southlake, Texas thanked the Council for
continuing to recognize Martin Luther King, Jr. Day as a City holiday.
Mayor Pro Tern Terrell closed the public forum.
Agenda Item No. 6A. Ordinance No. 951, 2nd Reading Amending Chapter 2,
"Administration" of the Southlake City Code (1996), as amended, to establish The
Department of Information Technology to be headed by the Director of Information
Technology. Mayor Pro Tern Terrell introduced this item. In accordance with Section
4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION" OF THE
SOUTHLAKE CITY CODE (1996), AS AMENDED, TO ESTABLISH THE
DEPARTMENT OF INFORMATION TECHNOLOGY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 951, 2nd Reading Amending Chapter 2,
"Administration" of the Southlake City Code (1996), as amended, to establish The
I I REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 20, 2009
Page 4 of 9
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Department of Information Technology to be headed by the Director of Information
Technology.
Motion: Stansell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6B. Ordinance No. 952, 2nd Reading, Approve a ban of the use of
handheld wireless communication devices in active school zones. Mayor Pro Tern
Terrell introduced this item. Chief Finn addressed Council's questions regarding current
State legislation considerations. 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, TEXAS AMENDING THE
SOUTHLAKE CODE OF ORDINANCES, AS AMENDED, BY AMENDING CHAPTER
18 "TRAFFIC AND VEHICLES," BY ADDING A NEW SECTION TO ARTICLE I, "USE
OF HAND-HELD COMMUNICATIONS DEVICES PROHIBITED IN SCHOOL ZONES"
MAKING IT AN OFFENSE FOR MOTORISTS TO USE HAND-HELD
COMMUNICATIONS DEVICES WHILE DRIVING IN AN ACTIVE SCHOOL ZONE;
DEFINING TERMS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY
THE POLICE DEPARTMENT; 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. 952, 2nd Reading, Approve a ban of the
use of handheld wireless communication devices in active school zones.
Motion: Hill
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell
Nays: None
Approved: 6-0
a,
Agenda Item No. 6C. ZA08-080, Site Plan for Southlake Regional Medical Center on
property being legally described as the remainder of Block 1, Brightbill Addition, and
being Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers Survey, Abstract No. 300. The
property is located at 440 East Highland Street and 335 East State Highway 114.
Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #11. Director
Baker presented this item in conjunction with item 6D. Applicant Dr. Reid Williams with
LandPlan Development, 5400 Dallas Parkway, Frisco, Texas made a presentation and
answered Council's questions. Architect Fernando Andrade answered Council's
questions.
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Page 5 of 9
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No one spoke during the public hearing.
Motion was made to approve ZA08-080, Site Plan for Southlake Regional Medical
Center subject to the applicant's presentation at this meeting and at the previous
' meeting; subject to the agreements that have been set out; and subject to Site Plan
Review Summary No. 7, dated January 13, 2009.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6D. ZA08-104, Plat Revision for Lots 1 - 5, Block 1, Southlake
Regional Medical Center being a replat of property currently described as the remainder
of Block 1, Brightbill Addition, and being Tracts 3E1A, 3E1B and 3E1C, Larkin H.
Chivers Survey, Abstract No. 300 and being located at 440 East Highland Street and
335 East State Highway 114. Current Zoning: S-P-2 Generalized Site District. SPIN
Neighborhood #11. Director Baker presented this item in conjunction with item 6C.
Applicant Dr. Reid Williams with LandPlan Development, 5400 Dallas Parkway, Frisco,
Texas made a presentation and answered Council's questions.
Motion was made to approve ZA08-104, Plat Revision for Lots 1 - 5, Block 1, Southlake
Regional Medical Center subject to Plat Review Summary No. 1, dated November 14,
2008.
Motion: Jones
Second: Muzyka
' Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell
Nays: None
Approved: 6-0
' Agenda Item No. 6E. Resolution No. 09-003, (ZA08-117), Specific Use Permit for
Kroger Valentine's Day tent sale on property being described as Lot 3, Block 1, Village
' Center Addition and being located at 2110 East Southlake Boulevard. Current Zoning:
C3 General Commercial District. SPIN Neighborhood #8. Director Baker presented this
item to Council. Applicant David Blasingame, 2110 East Southlake Boulevard,
Southlake, Texas, answered Council's questions. 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,
GRANTING A SPECIFIC USE PERMIT FOR A TENT FOR THE PURPOSE OF
PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,
TEXAS, LOCATED AT 2110 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY
' DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, VILLAGE CENTER ADDITION,
PHASE 1, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS
DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
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Page 6 of 9
t No one spoke during the public hearing.
Motion was made to approve Resolution No. 09-003, (ZA08-117), Specific Use Permit
for Kroger Valentine's Day tent sale as presented.
Motion: Stansell
Second: Muzyka
Ayes: Jones, Muzyka, Stansell, Terrell
Nays: Hill, Muller
Approved: 4-2
Deputy Mayor Pro Tem Jones recused himself from the next agenda item and left the
Chambers after filing a conflict of interest form with the City Secretary.
Agenda Item No. 7A. Ordinance No. 480-187b, 1st Reading (ZA08-109), Zoning
Change and Site Plan for The Spanish Schoolhouse at the 280 Sports Complex on
property being described as Lot 2R, Block B, Commerce Business Park Addition and
being located at 280 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan
District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7.
Deputy Director Killough presented this item and answered Council's questions.
Applicants Kevin and Christi Abercrombie gave a presentation and answered Council's
questions. Council discussed this request. After discussion, the Abercrombie's asked to
table this item to allow further evaluation.
Motion was made to table Ordinance No. 480-187b, 1st Reading (ZA08-109), Zoning
Change and Site Plan for The Spanish Schoolhouse at the 280 Sports Complex to the
February 3, 2009 City Council meeting.
Motion: Stansell
Second: Muller
Ayes: Hill, Muller, Muzyka, Stansell, Terrell
Nays: None
Tabled: 5-0
' Agenda Item No. 7B. Ordinance No. 480-197a, 1st Reading (ZA08-111), Zoning Change
and Site Plan for Snow's Gymnastics Center on property being described as Lot 9, J.G.
Allen No. 18 Addition and being located at 401 and 407 South Pearson Lane. Current
' Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan
District. SPIN Neighborhood #15. Deputy Director Killough presented this item to
Council. Applicant Debbie Snow, 404 South Pearson Lane, Southlake, Texas answered
' Council's questions.
Motion was made to approve Ordinance No. 480-197a, 1st Reading (ZA08-111), Zoning
Change and Site Plan for Snow's Gymnastics Center noting the Planning and Zoning
Commission's requirement that a sidewalk be installed at the time of re-platting; and
subject to Site Plan Review Summary No. 1, dated December 26, 2008 which stipulates
' that a cross easement and joint use agreement for the parking will be provided by the
applicant.
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Page 7 of 9
Motion: Stansell
Second: Muzyka
Ayes: Hill, Muller, Muzyka, Stansell, Terrell
■ Nays: None
Approved: 5-0
Deputy Mayor Pro Tern Jones rejoined the meeting.
Agenda Item No. 9A. This item intentionally left blank.
Agenda Item No. 9B. Consider a budget amendment for the Bicentennial Park project.
Interim Director Tribble presented this item to Council and answered questions. Council
discussed this item.
Although this item was not a public hearing, Mayor Pro Tern Terrell allowed the public to
speak.
Karen Antala, 240 Green Oaks Lane, Southlake, Texas spoke in support.
Kai Fischer, 602 Bordeaux Drive, Southlake, Texas spoke in support.
Mike McClanahan, 306 Quail Court, Southlake, Texas spoke in support.
Motion was made to approve a budget amendment for the Bicentennial Park project
with the addition of an 8-foot Cedarcrete fence, and with the addition at the batting
cages to be upgraded as described by staff with approximately $12,000 added with the
stipulation that matching funds be obtained as described towards that aspect of the
project.
Motion: Jones
Second: Muller
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 11. Meeting adjourned. Mayor Pro Tern Terrell adjourned the meeting
at 9:42 p.m.
*An audio recording of this meeting will be permanently retained in the City
' Secretary's Office.
)14317 I�
' John Terre
Mayor Pro Tern
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ATTEST: ,,oa:ea``""""",•.
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Lori Payne, TRM _Z.31
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City Secretary =Z1 •b?
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