2009-10-06
CITY OF
lug SOUTHLAK.-E
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 6, 2009
LOCATION: 1400 Main Street, Southlake, Texas
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Virginia M. Muzyka,
and Councilmembers Brandon Bledsoe, Gregory Jones, Carolyn Morris, and Pamela A.
Muller.
CITY COUNCIL ABSENT: Deputy Mayor Pro Tern Laura K. Hill.
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 Orlowski, Community Relations Officer Pilar Schank, Director of
Community Services Chris Tribble, Deputy Director of Community Services Kari
Happold, Deputy Director of Community Services Kerry McGeath, Bob Jones Nature
Center Coordinator Katie Fosha, Marketing and Tourism Coordinator Jill Cherry,
Director of Finance Sharen Jackson, Purchasing Manager Tim Slifka, 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, Deputy Director of Planning and Development Services Dennis
Killough, Chief Building Official Paul Ward, Planner II Clayton Comstock, Planner II
Jenny Crosby, Planner I Daniel Cortez, Planner I Lorrie Fletcher, Plans Examiner Skip
Vandergrifft, Chief of Fire Services Mike Starr, Deputy Police Chief Rusty Daniels,
Police Officer Alton Wells, Director of Public Works Robert Price, Deputy Director of
Public Works Gordon Mayer, Operations Manager Chuck Kendrick, City Attorney Tim
Sralla, and City Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell
at 5:35 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Eric Hulet, gave the invocation.
Mayor Terrell led the pledge of allegiance.
Agenda Item No. 3. Proclamation for Community Planning Month. Mayor Terrell
presented the proclamation to members of the Planning and Development Services
Department.
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009
Page 1 of 8
Agenda Item No. 4. Update on Southlake 2030 Plan Process. Director Baker and
Planner Comstock presented this item to Council.
Agenda Item No 5 Introduction of Katie Fosha Bob Jones Nature Center Coordinator
and BJNCP Update/BJNC Organization Partnership. Deputy Director Happold
introduced new Bob Jones Nature Center Coordinator Fosha to the Council.
Agenda Item No. 6. Briefing by Giovanna Phillips Southlake Chamber, on Oktoberfest
to be held in October 9 - 11, 2009. Alan Smith with the Southlake Chamber of
Commerce presented this item to Council.
Agenda Item No. 3A. Mayor's Report. Doug Sluiter with Gateway Church thanked
members of the Police Department for capturing individuals who were stealing
construction materials from the site of the new Gateway Church campus.
Agenda Item No. 7. Discuss all items on tonight's meeting agenda. Council reviewed
the consent agenda items. Item 9C to table was added to the Consent Agenda.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session of the City Council was called to
order by Mayor Terrell at 6:20 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
551.072, 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 6:20 p.m. Executive
Session began at 6:45 p.m. and ended at 7:50 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:00
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.
Agenda Item No. 3A2. Mayor's Report - American Red Cross Update. Emily
Getzschman with the American Red Cross presented this item. Ms. Getzschman
described how the Chisholm Trail Chapter helps the community in the event of a
disaster as well as the other various support functions they provide.
Agenda Item No. 3B. City Manager's Report. No report was given.
Agenda Item No. 3C. School District Reports. No reports were given.
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CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. Council added item 9C to the consent agenda
to table that item.
Agenda Item No. 4A. Approve minutes from the September 15, 2009 regular City
Council meeting and from the September 21, 2009 special City Council meeting. The
minutes were approved as presented.
Aqenda Item No. 4B. Authorize purchase of replacement vehicles from Philpott Motors
in the amount of $230,553.50. A presentation was not made on this item.
Agenda Item No. 4C. Authorize purchase of replacement vehicles from Caldwell
Country Chevrolet and John Wright Associates in the amount of $34,064.20. A
presentation was not made on this item.
Agenda Item No. 4D. Approve a Professional Services Agreement for the design of the
T.W. King Meter Station with Freese and Nichols, Inc. in the amount of $66,600. A
presentation was not made on this item.
Agenda Item No. 4E. Authorize the purchase of Vac-Con Combination Sewer Cleaner
from Vac-Con, Inc. and Santex Truck Center through Houston-Galveston Area Council
of Governments in the amount of $230,947.66. Director Price answered Council's
questions during the Work Session.
Agenda Item No. 4F. Approve a tender agreement with Great American Insurance
Company for the completion of Liberty Park at Sheltonwood and Royal & Annie Smith
Park in the amount of $55,090.30. A presentation was not made on this item.
Agenda Item No. 4G. Approve a Construction Contract with Dean Electric, Inc., dba
Dean Construction, for the completion of Liberty Park at Sheltonwood and Royal &
Annie Smith Park in the amount of $285,094. A presentation was not made on this item.
Agenda Item No. 9C. Approve a Commercial Developer Agreement for construction of a
middle school on Kirkwood Boulevard at Blessed Way with Carroll Independent School
District. Council agreed to table this item to the next City Council meeting during the
work session.
Motion was made to approve consent agenda items 4A, 4B, 4C, 4D, 4E, 4F, 4G, and
including item 9C to table to the next City Council meeting.
Motion: Muzyka
Second: Jones
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
REGULAR AGENDA:
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009
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Agenda Item No. 5. Public Forum. No one spoke during the public forum.
Agenda Item No. 6A. Resolution No. 09-062, (ZA09-036), Specific Use Permit for a
Mass Gathering Event for Spokes 4 Hope (Police Motorcycle Rodeo) on property being
described as Lot 1 Block 17, Southlake Town Square Addition and being located at
1420 Division Street. Current Zoning: DT Down Town District. SPIN Neighborhood #8.
Planner Fletcher presented this item to Council. Applicant Alton Wells 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 MASS GATHERING EVENT FOR
SPOKES 4 HOPE POLICE MOTORCYCLE RODEO ON PROPERTY WITHIN THE
CITY OF SOUTHLAKE, TEXAS, LOCATED AT SOUTHLAKE TOWN SQUARE, 1420
DIVISION STREET, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 17,
SOUTHLAKE TOWN SQUARE ADDITION, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE 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. 09-062, (ZA09-036), Specific Use Permit
for a Mass Gathering Event for Spokes 4 Hope (Police Motorcycle Rodeo) as presented
tonight to City Council; subject to the Staff Report dated September 11, 2009; and
remaining valid for three events over a period of the next six years.
Motion: Jones
Second: Muller
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6B. Resolution No. 09-063, (ZA09-039), Specific Use Permit for a
Mass Gathering Event for Home for the Holidays and Festival of Trees on property
being described as Southlake Town Square Addition and being generally located
between East Southlake Boulevard, North Carroll Avenue and State Highway 114.
Current Zoning: DT Down Town District. SPIN Neighborhood #8. Planner Fletcher
presented this item to Council. Applicant Gayle Santora presented information on the
Festival of Trees. Director Tribble, and Southlake Town Square representatives Karla
Chase and Tim Moorehead, 1256 Main Street, Southlake, Texas presented information
on the Festival of Trees, Town Square holiday events, and valet services, respectively.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009
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A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC
USE PERMIT FOR A MASS GATHERING EVENT FOR HOME FOR THE HOLIDAYS
AND FESTIVAL OF TREES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,
TEXAS, LOCATED AT SOUTHLAKE TOWN SQUARE, 1420 DIVISION STREET,
BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE ONE,
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED
ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
Council discussed this item and asked questions of the presenters.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 09-063, (ZA09-039), Specific Use Permit
for a Mass Gathering Event for Home for the Holidays and Festival of Trees for a term
of one year; subject to the Staff Report dated September 11, 2009; subject to Director
Bob Price's letter dated October 6, 2009 and subject to the presentation tonight to City
Council.
Motion: Morris
Second: Muller
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 8A. Resolution No. 09-061, Amend the resolution establishing the
Southlake Business Council. Assistant City Manager Blagg presented this item to
Council. In accordance with Section 4.21 of the City Charter, the caption for this item is
listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING RESOLUTION
NO. 09-010 TO CHANGE THE NUMBER, MEMBERSHIP CRITERIA AND TIME OF
APPOINTMENT OF REPRESENTATIVES ON THE SOUTHLAKE BUSINESS
COUNCIL (SBC); AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Resolution No. 09-061, Amend the resolution establishing
the Southlake Business Council noting the Mayor's suggested changes: appointing one
City Council liaison to the board and changing the wording on the initial terms to at least
one-half of the members being appointed to a one-year term and at least one-half of the
members being appointed to a two-year term.
Motion: Jones
Second: Muzyka
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
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Agenda Item No. 8B. Resolution No. 09-051, Appoint members to the Southlake
Business Council. Mayor Terrell introduced this item and read the suggested
recommendations. 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 SOUTHLAKE BUSINESS COUNCIL AND
PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Resolution No. 09-051, Appoint members to the Southlake
Business Council to appoint the following persons as listed:
Bank / Financial: Randall McCauley (two year term); Terrance Henderson (one year
term);
Commercial Developer: Frank Bliss (one year term); Jeff Kennemer (two year term);
Corporate / National: Noreen Henry (one year term);
Hospitality / Hotel: Michael Hutchison (two year term);
Manufacturing / Distribution: Peter Ermish (two year term);
Marketing / Public Relations: Mike Tesoriero (two year term); Chris Schrobilgen (one
year term);
Medical: Traci Bernard (two year term);
Realtor / Residential Developer: Tommy Pennington (one year term);
Restaurant / Local: John Finlayson (one year term);
Restaurant / Franchise: Mark Guilbert (two year term);
Retail / Local: Austin Jourde (two year term);
Retail / Franchise: Tim Moorehead (one year term);
Technology / Hi-Tech: Santhosh Gandhari (one year term);
Professional Services: Mack Zimmerman (one year term); Brian Zvonecek (two year
term);
General Business: Jason Schmidt (two year term); Alex Garcia (one year term);
Ex-Officio Member - Mayor's Advisory Committee representative: Clayton Reed; and,
City Council liaison: Laura K. Hill.
Motion: Jones
Second: Muzyka
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 8C. Resolution No. 09-052, Appoint members to the Crime Control
and Prevention District Board of Directors. Mayor Terrell introduced 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 PERSONS TO SERVE AS THE BOARD OF DIRECTORS FOR THE
SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING
AN EFFECTIVE DATE.
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009
Page 6 of 8
Motion was made to approve Resolution No. 09-052, Appoint members to the Crime
Control and Prevention District Board of Directors to appoint Ken McMillan, Robert
Williams, Frank Powers, and Martin Schelling.
Motion: Muzyka
Second: Bledsoe
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 9A. Consider SV09-017, Variance to Sign Ordinance No. 704, as
amended, for Carpet One located at 154 Bank Street. Director Baker presented this
item to Council. Applicant Gary Gilbert with Carpet One and Richard Britton with Signs
Of Any Kind made a presentation and answered Council's questions. Director Price
answered Council's questions.
Council discussed this request and asked questions of Mr. Gilbert and Mr. Britton. After
discussing, Mr. Gilbert asked to table this item.
Motion was made to table SV09-017, Variance to Sign Ordinance No. 704, as
amended, for Carpet One located at 154 Bank Street to the next City Council meeting
on October 20, 2009.
Motion: Jones
Second: Muller
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0 to table
Agenda Item No. 9B. Consider SV09-018, Variance to Sign Ordinance No. 704, as
amended, for Mendez Office Building located at 910 East Southlake Boulevard.
Director Baker presented this item to Council. Applicant Steven Lease with Structures
and Interiors and Dr. Angelo Mendez answered Council's questions.
Motion was made to approve SV09-018, Variance to Sign Ordinance No. 704, as
amended, for Mendez Office Building located at 910 East Southlake Boulevard subject
to the presentation; requiring a 24-inch planter box with 18-inch extension on both sides
of the sign and made of materials that compliment the sign and/or building; limiting the
number of tenants on the sign to five (5); requiring the attached letters on the sign to
match those on the monument sign for 900 East Southlake Boulevard in color, font, and
maximum 4-inch letter size; and requiring maintenance of the plant material in
perpetuity.
Motion: Jones
Second: Morris
Ayes: Bledsoe, Jones, Morris, Terrell
Nays: Muller, Muzyka
Approved: 4-2
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Agenda Item No. 10A. Discuss possible revisions to the Town Hall Use Policy. Staff
requested to table this item. There was no discussion on this item.
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 10:42
p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Qhn Ter
Mayor
ATTEST:
Lori Payne r =
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City Secretary
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REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009
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