2009-07-21 ► CITY OF
SOU LAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: JULY 21, 2009
LOCATION: 1400 Main Street, Southlake, Texas
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Virginia M. Muzyka,
Deputy Mayor Pro Tem Laura K. Hill, and Councilmembers Brandon Bledsoe, Gregory
Jones, Carolyn Morris, and Pamela A. Muller.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Director of Community
Services Chris Tribble, Deputy Director of Community Services Kari Happold, Deputy
Director of Community Services Kerry McGeath, Director of Economic Development
Greg Last, Director of Finance Sharen Jackson, Assistant Director of Finance Sean
Leonard, Municipal Court Judge Carol Montgomery, Municipal Court Supervisor Leah
Huff, Director of Human Resources Kevin Hugman, Director of Information Technology
Dale Dean, Information Technology Technician Eric Lusk, Director of Planning and
Development Services Ken Baker, Planner II Richard Schell, Chief of Police Services
Robert Finn, Chief of Fire Services Mike Starr, Director of Public Works Robert Price,
Deputy Director of Public Works Gordon Mayer, Civil Engineer Michelle McCullough,
Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor, and Deputy City Secretary
Tara Brooks.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell
at 5:36 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, David Whitington, gave the
invocation. Mayor Terrell led the pledge of allegiance.
Agenda Item No. 3. Post event briefing — Stars & Stripes. Deputy Director Happold
presented this item and answered Council's questions.
Agenda Item No. 4. Landscape plan for F.M. 1709 median project. Director Tribble
presented this item and answered Council's questions.
Agenda Item No. 5. Discuss all items on tonight's meeting agenda. Council reviewed
the consent agenda items.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009
Page 1 of 9
Mayor Terrell closed the work session at 6:06 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Terrell at 6:06 p.m.
Agenda Item No. 2A. Executive Session. Mayor Terrell 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 6:06 p.m. Executive
Session began at 6:32 p.m. and ended at 6:41 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7.12
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 Terrell announced upcoming meetings and events. Mayor Terrell welcomed Boy
Scout Troops 168 and 928 to the meeting.
Agenda Item No. 2. Pink Out Day. Mayor Terrell introduced Amy Moan, a senior at
Carroll High School, who presented her desire for a CISD and City "Pink Out Day" on
October 16, 2009.
Agenda Item 3B. City Manager's Report. No report was given.
Agenda Item 3C. Southlake Arts Council. A written report was provided 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 4A Approve minutes from the July 7 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No 4B Excuse absences of a Planning and Zoning Commission
member. Mayor Terrell introduced this item. Council agreed to excuse the absences of
Commissioner Joe Lancor.
_Agenda Item No 4C Approve a Local Proiect Advance Funding Agreement (LPAFA)
with TxDOT for funding of Safe Routes to School Project. A presentation was not made
on this item.
Agenda Item No 4D Approve a professional services agreement to provide
engineering design services for the Woodland Heights Connector Road and the
REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009
Page 2 of 9
McPherson Branch Connector Road with Halff Associates, Inc. in the amount of
$70,700. Director Price presented this item to Council during the work session.
Agenda Item No 4E Approve renewal of contract with Aetna for employee medical and
dental benefits for plan year October 1 2009 through September 30, 2010. A
presentation was not made on this item.
Agenda Item No 4F Approve a contract with Tarrant County for tax collection. A
presentation was not made on this item.
Agenda Item No 4G Ordinance No. 959, 1St Reading Approve a negotiated resolution
between the Atmos Cities Steering Committee ("ACSC" or "Steering Committee") and
Atmos Energy Corp Mid-Tex Division ("Atmos Mid-Tex" or "Company") regarding the
company's rate review mechanism filing in all cities exercising original jurisdiction;
declare existing rates to be unreasonable; requiring the company to reimburse cities'
reasonable rate-making expenses; adopt tariffs that reflect rate adjustments consistent
with the negotiated settlement and finding the rates to be set by the attached tariffs to
be just and reasonable; approve Atmos' proof of revenues; adopt a savings clause;
determine that this ordinance was passed in accordance with the requirements of the
Texas Open Meetings Act; declare an effective date; and require delivery of this
ordinance to the company and the steering committee's legal counsel. A presentation
was not made on this item.
Agenda Item No 4H Approve naming a section of Liberty Garden in honor of Dorothy
Wood. Director Tribble presented this item during the work session.
Motion was made to approve consent agenda items 4A; 4131 4C, 4D; 4E; 4Fi 4G, and
4H.
Motion: Muzyka
Second: Jones
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke during the public forum.
Agenda Item No 6A Ordinance No. 956, 2nd Reading Appoint a Municipal Judge and
authorize the Mayor to execute an agreement with the Municipal Judge and provide an
effective date. Mayor Terrell introduced this item.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009
Page 3 of 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPOINTING A MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH THE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 956, 2nd Reading, appointing Municipal
Judge Carol Montgomery and authorizing the Mayor to execute an agreement with
Judge Montgomery and provide an effective date.
Motion: Hill
Second: Jones
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No 6B Ordinance No. 954, 2nd Readinq Approve a speed limit on State
Highway 114 from the South lake-Westlake boundary to the South lake-Grapevine
boundary. Deputy Director Mayer 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 ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR
VEHICLES UNDER THE PROVISIONS OF THE TRANSPORTAITON CODE,
CHAPTER 545, SECTION 545.356, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS
THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, AS
SET OUT IN THE ORDINANCE AND PROVIDING A PENALTY OF A FINE NOT TO
EXCEED $500.00 FOR VIOLATION OF THIS ORDINANCE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 954, 2nd Reading, approving a speed limit
of 45 miles per hour on State Highway 114 access road from the Southlake -Westlake
boundary to the Southlake - Grapevine boundary.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No 6C Ordinance No. 480-ZZZ 2nd Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, Section 44.12 (1) as amended, Special
Exceptions Use as it pertains to the regulations for servants or family quarters. Planner
Schell presented this item and answered Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009
Page 4 of 9
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;
AS IT PERTAINS TO THE SPECIAL EXCEPTION USE REGULATIONS FOR
SERVANTS OR FAMILY QUARTERS; 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 PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Terrell opened the public hearing.
Donna Jansen, 4323 Homestead Drive, Southlake, Texas, spoke in favor of this
request.
Margaret Wood, 2350 Crook Lane, Southlake, Texas, spoke in favor of this request.
Mayor Terrell read the names of those that wanted to record their support, but did not
wish to speak:
William Hutchison, 1621 Pheasant Lane, Southlake, Texas, and;
Charles Wood, 2350 Crooked Lane, Southlake, Texas.
Mary Hutchison, 1621 Pheasant Lane, Southlake, Texas, spoke in favor of this request.
Mayor Terrell closed the public hearing.
Motion was made to approve Ordinance No. 480-ZZZ, 2nd Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, Section 44.12 (1), limiting the square
footage to 1,000 square feet for SF-30 and to 2,000 square feet for any lot above that.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No 6D Resolution No. 09-044 (ZA09-025) Specific Use Permit for Spirit
Life Church International on property being legally described as Lot 1 Block C
Commerce Business Park Addition and being located at 2805 Market Loop, Suite 300.
Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #8. Director Baker
presented this item and answered Council's questions. Applicant, Stephen Hill, Pastor
REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009
Page 5 of 9
of Spirit of Life Church International, introduced himself and his church to Council, and
answered the 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 SPIRIT LIFE CHURCH INTERNATIONAL
ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2805
MARKET LOOP, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK C, COMMERCE
BUSINESS PARK, 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.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 09-044 (ZA09-025) granting Specific Use
Permit for Spirit Life Church International, including Concept Plan Review Summary No.
1, dated June 26, 2009 and including a reciprocal parking agreement with adjacent
properties, if parking is needed or if they outgrow their parking.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No 8A Resolution No. 09-043 Appoint members to the Southlake 2030
Plan Committee. Mayor Terrell introduced this item and suggested members for the
committee.
Council discussed this item.
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,
APPOINTING MEMBERS TO THE VARIOUS SOUTHLAKE 2030 PLAN ELEMENT
COMMITTEES.
Motion was made approve as part of Resolution No. 09-043, on the Vision, Goals, and
Objectives Committee to appoint all of the Planning and Zoning Commission members,
City Council Members Morris and Councilmember Bledsoe, Park Board Member John
Slocum, SPIN Member Ray Tremain, one Business Council Member to be selected at a
later time and in an Ex-Officio capacity Mayor Terrell.
Motion: Hill
Second: Muzyka
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Page 6 of 9
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Council continued discussion of item 8A.
Motion was made approve Resolution No. 09-043, to make the following appointments
to the Southlake 2030 Plan Committee:
Vision, Goals, and Obiectives:
Planning and Zoning Commission - All members
City Council Members - Carolyn Morris, Brandon Bledsoe
Park Board Member - John Slocum
SPIN Member - Ray Tremain
Ex-Officio Member - John Terrell
Area Plans and Land Use Plan Element
Planning and Zoning Commission - All members
City Council Members - Carolyn Morris, Brandon Bledsoe
Ex-Officio Member - John Terrell
Economic Plan
Planning and Zoning Commission - All members
City Council Members - Laura K. Hill, Brandon Bledsoe
Southlake Business Council - To be appointed at a later time
Mobility Plan
Planning and Zoning Commission - All members
City Council Members - Pamela A. Muller, Virginia M. Muzyka
Park Board Member - John Slocum
CISD representative - To be appointed at a later time
Parks Recreation and Open Space Plan
City Council Members - Carolyn Morris, Gregory Jones
Park Board Members - All members
Community Plan
Planning and Zoning Commission - All members
City Council Members - Virginia M. Muzyka, Laura K. Hill
Park Board Member - To be appointed at a later time
CISD representative - To be appointed at a later time
Water, Sewer and Stormwater Plan
Planning and Zoning Commission - All members
City Council Members - Virginia M. Muzyka, Gregory Jones
REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009
Page 7 of 9
Sustainability Plan
Planning and Zoning Commission - All members
City Council Members - Pamela A. Muller, Virginia M. Muzyka
Youth Plan
Planning and Zoning Commission - All members
City Council Members - Laura K. Hill, Carolyn Morris
SPARK Member - To be appointed at a later time
SYAC Member - To be appointed at a later time
Wayfinding Committee
City Council Member Brandon Bledsoe
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No 9A Consider SV09-013 Variance to Sign Ordinance No. 704, as
amended for Big Inc Corporation located at 2757 East Southlake Boulevard, Suite 100.
Director Baker presented this item to Council. Applicant Mike Maric answered Council's
questions.
Motion was made to approve SV09-013, variance to Sign Ordinance No. 704, as
amended, for Big Inc. Corporation located at 2757 East Southlake Boulevard, Suite 100,
allowing the variances as presented, including the tagline.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 8:27
p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009
Page 8 of 9
John Terrell
Mayor
ATTEST: JI
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Tara Brooks
Deputy City Secretary
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REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009
Page 9 of 9
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Charles & Margaret Wood
2350 Crooked Lane
Southlake, TX 76092
July 18, 2009
Mayor of Southlake
Members of Southlake City Council
We are writing concerning the proposed amendment to Ordinance 480-ZZZ, amendment regulations
for servant and family quarters, because such amendment will affect plans we have considered and are
still considering.
Back in the spring we requested a variance in order to build a small building on our property that would
be used for only family or caretaker occupancy. We were told that such a variance had routinely been
granted and then told that our requested variance had been approved. That decision was reversed when
the city attorney found issue with square footage. The proposed amendment you will be considering, if
approved, would allow us to proceed with these plans since all other requirements for building were
met, within the 3% of property size, etc.
Last spring a letter was sent by the City to our neighbors concerning this variance. We had spoken
with several of them about our plans. I don't believe that the City should have received any negative
response from any of them because none with whom we spoke had objections.
We have lived in Southlake for nearly 50 years, from 1962 in the Oak Knoll Addition before relocating
in 1999 to our current home on Crooked Lane. Although we had planned to size down from a I -acre
lot, this 2.3-acre lot with its larger space, trees, and somewhat secludedness tempted us. We have
enjoyed ten years here and would like to remain here. Now, however, the upkeep is becoming
increasingly more difficult, and that is one reason for our wanting to build the proposed building. Our
feeling is that the plans that have been proposed will only impove the appearance of our property as
well as add value to it and thus increase the taxable revenue to the City.
We want to thank you for your condsideration. We would respectfully ask that you approve this
amendment. If we can answer any questions regarding this request, you can reach us at 817 488-9078
or mandcwoodgverizon.net.
Charles and Margaret Wood
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