2009-10-20
U CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 20, 2009
LOCATION: 1400 Main Street, Southlake, Texas
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Virginia M. Muzyka,
Deputy Mayor Pro Tern 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, Assistant to the City
Manager Alison Ortowski, 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, Youth Librarian
Cynthia Pfledderer, Assistant to the Director Crystal Shafer, Senior Services
Coordinator Amanda Troum, Community Services Intern Jonathan Scheu, Director of
Economic Development Greg Last, Marketing and Tourism Coordinator Jill Cherry,
Director of Finance Sharen Jackson, Deputy Director of Finance Sean Leonard,
Alternative Municipal Court Judge Gary Lee Hach, Purchasing Manager Tim Slifka,
Teen Court Coordinator Kristin White, Director of Human Resources Kevin Hugman,
Human Resources Supervisor Stacey Black, 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 Richard Schell,
Planner I Lorrie Fletcher, Administrative Secretary Stephanie Breitbarth, Permit
Technician Dianna Brawner, Chief of Fire Services Mike Starr, Community Initiatives
Officer Renni Burt, Emergency Management Coordinator Colleen Gilmore, Chief of
Police Services Robert Finn, Director of Public Works Robert Price, Deputy Director of
Public Works Gordon Mayer, Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor,
City Secretary Lori Payne, 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 5:35 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Clayton Reed, gave the
invocation. Mayor Terrell led the pledge of allegiance.
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009
Page 1 of 7
Agenda Item No. 3. Reception for Board and Commission members. Mayor Terrell
thanked all of the volunteers in the room for their service to the City of Southlake and
thanked them for coming to the reception. City Manager Yelverton thanked City Council
for their direction and leadership. City Manager Yelverton and City Council called each
board member by name and presented logo shirts in recycle bags to them. Everyone
was then invited out the foyer for a reception. The reception began at 6:03 p.m.
Mayor Terrell reconvened the meeting at 6:43 p.m.
Agenda Item No. 4. Briefing by Giovanna Phillips, President of the Southlake Chamber
of Commerce, on their One Stop Shop Southlake program. Giovanna Phillips with the
Chamber of Commerce presented information on the One Stop Shop program.
Agenda Item No. 5. Economic Development Update. Director Last presented this item
to Council and answered questions. Director Tribble also presented information to
Council on landscape improvements being made to the Town Square area. Council
discussed this request.
Agenda Item No. 6. Discuss all items on tonight's meeting agenda. Council reviewed
the consent agenda items. The following items were added to the consent agenda: Item
8A and Item 913.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session of the City Council was called to
order by Mayor Terrell at 7:37 p.m.
Agenda Item No. 5. Public Forum. Mayor Terrell moved this item up to the allow
audience members to speak prior to the City Council going into executive session.
Carl Sledz, 220 Eastwood Drive, Southlake, Texas addressed Council about the City
sewer tap fee in Woodland Heights.
Dennis Minder, 223 Eastwood Drive, Southlake, Texas addressed Council about the
sewer tap fee in Woodland Heights.
Mayor Terrell stated that he would reopen the public forum after the executive session.
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 attorney; Section 551.072, deliberation regarding real
property; and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 7:44 p.m. Executive
Session began at 8:00 p.m. and ended at 8:57 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009
Page 2 of 7
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 9:07
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
Council considered the consent agenda next.
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 October 6, 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B. Approve SPDC Matching Funds request from Keep Southlake
Beautiful in the amount of $8,000 for construction of landscape beds in Liberty Garden.
A presentation was not made on this item.
Agenda Item No. 4C. Approve a guaranteed maximum price amendment with Dean
Electric, Inc., dba Dean Construction, in the amount of $10,245,740 for construction of
Bicentennial Park Project, Phase I. A presentation was not made on this item.
Agenda Item No. 4D. Approve interlocal purchasing agreements with North Richland
Hills, Flower Mound, Harris County Department of Education, and TIPS/TAPS Region
VIII Education Service Center. A presentation was not made on this item.
Agenda Item No. 4E. Resolution No. 09-064, Approve an interlocal purchasing
agreement with TIPS/TAPS Region VIII Education Service Center. A presentation was
not made on this item.
Agenda Item No. 4F. ZA09-041, Plat Revision for Lot 6R, Block 52, Timarron Addition,
Northwood Park, Phase One being a revision of Lot 6, Block 52, Timarron Addition,
Northwood Park, Phase One and being located at 612 Northwood Trail. Current Zoniw.
RPUD Residential Planned Unit Development. SPIN Neighborhood #9. A presentation
was not made on this item.
Agenda Item No. 4G. Resolution No. 09-066, Authorize the filing of a project application
with the North Central Texas Council of Governments for a regional solid waste
program grant to fund the Curbside Leaf Recycling Program in FY 2010. A presentation
was not made on 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
AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE
PROGRAM LOCAL IMPLEMENTATION PROJECT; AUTHORIZING ALISON
ORTOWSKI, ASSISTANT TO THE CITY MANAGER, TO ACT ON BEHALF OF THE
CITY OF SOUTHLAKE IN ALL MATTERS RELATED TO THE APPLICATION; AND
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009
Page 3 of 7
PLEDGING THAT IF FUNDING FOR THIS PROJECT IS RECEIVED THE CITY OF
SOUTHLAKE WILL COMPLY WITH ALL PROJECT REQUIREMENTS OF NCTCOG,
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF
TEXAS.
Agenda Item No. 4H. Consider SV09-017, Variance to Sign Ordinance No. 704, as
amended, for Carpet One located at 154 Bank Street. The applicant requested to table
this item until the December 1, 2009 City Council meeting
Agenda Item No. 41. Ordinance No. 480-588 (ZA09-017), 1St Reading, Zoning Change
and Site Plan for Bethel Methodist Church of Southlake on property being described as
Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, and being located at 180
and 190 Jellico Circle West. Current Zoning: SF-1A Single-Family Residential District.
Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. The
applicant requested to table this item until the December 1, 2009 City Council meeting.
Agenda Item No. 4J. Approve the tabling of a Commercial Developer Agreement for
construction of a middle school on Kirkwood Boulevard at Blessed Way with Carroll
Independent School District. During the work session, City Manager Yelverton stated
that staff would bring this back at the next City Council meeting.
Agenda Item No. 8A. Resolution No. 09-067, Appoint members to the Southlake 2030
Plan Element Committees. Council approved the following appointments: Economic
Development & Tourism Plan Committee - Southlake Business Council members Mike
Hutchison and Tim Moorehead; Mobility Plan Committee - CISD Representative Read
Ballew; Community Plan Committee - Parks and Recreation Board member Margaret
Adams and CISD Representative Craig Rothmeier; Youth Plan Committee - S.P.A.R.K.
member Suzanne Maisto, SYAC member Shannon Shankman and Park Board
Member Elaine Cox; and to appoint the Mayor position as an Ex-Officio member to all
committees.
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.
Agenda Item No. 9B. ZA09-037, Plat Revision for Lots 1 R1 and 1 R2, Block 1, Southlake
Assembly of God Addition on property being described as Lot 1, Block 1, Southlake
Assembly of God and being located at 101 East Highland Street. Current Zoning: CS
Community Services District and AG Agricultural. SPIN Neighborhood A
presentation was not made on this item.
Motion was made to approve consent agenda items 4A; 413; 4C; 4D; 4E; 4F; 4G; 4H to
table to the December 1, 2009 City Council meeting; 41 to table to the December 1,
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009
Page 4 of 7
2009 City Council meeting; 4J to table to the November 3, 2009 City Council meeting;
item 8A to appoint the following members: Economic Development & Tourism Plan
Committee - Southlake Business Council members Mike Hutchison and Tim
Moorehead; Mobility Plan Committee - CISD Representative Read Ballew; Community
Plan Committee - Parks and Recreation Board member Margaret Adams and CISD
Representative Craig Rothmeier; Youth Plan Committee - S.P.A.R.K. member Suzanne
Maisto, SYAC member Shannon Shankman and Park Board Member Elaine Cox; and
to appoint the Mayor position as an Ex-Officio member to all committees; and to
approve item 9B subject to Review Summary No. 4, dated October 13, 2009.
Motion: Muzyka
Second: Hill
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events.
Mayor Terrell announced upcoming meetings and events. Councilmember Morris
discussed the Naturally Sweet fundraiser on November 7 at the Bob Jones Nature
Center.
Agenda Item No. 3B1. City Manager's Report - Financial Report. A written report was
given to Council in their packets.
Agenda Item No. 3B2. Introduce Cynthia Plfedderer, new youth librarian. Deputy
Director McGeath introduced Youth Librarian Plfedderer to Council who then discussed
her background with Council.
Agenda Item No. 3C. Arts Council Report. No report was given. This item will be heard
at the November 3 City Council meeting.
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Terrell reopened the public forum. No one
spoke.
Mayor Terrell announced that item 6B would be heard next.
Agenda Item No. 6B. ZA09-040, Site Plan for Saint Laurence Episcopal Church on
property being described as Lot 1 R, Block A, Saint Laurence Episcopal Church Addition
and being located at 517, 519 and 529 North Kimball Avenue. Current Zoning: CS
Community Service District. SPIN Neighborhood #4. Director Baker presented this item
to Council. Applicant Adam Crandall, 3409 High Timber Drive, Grapevine, Texas is a
Boy Scout who is building the proposed pergola for his Eagle Scout project.
No one spoke during the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009
Page 5 of 7
Motion was made to approve ZA09-040, Site Plan for Saint Laurence Episcopal Church
subject to the staff report dated October 2, 2009.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 6A. ZA09-038, Site Plan for 175 Miron Drive (Roof Improvements) on
property being described as Lot 2R1, Block 1, Miron Subdivision and being located at
175 Miron Drive. Current Zoning: B1 Business Service Park District. SPIN
Neighborhood #8. Deputy Director Killough presented this item to Council. Applicant
Eric Lonardo, 125 Creek Courts Drive, Trophy Club, Texas answered Council's
questions.
No one spoke during the public hearing.
Motion was made to approve ZA09-038, Site Plan for 175 Miron Drive (Roof
Improvements) subject to the staff report dated October 14, 2009.
Motion: Jones
Second: Muller
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 6C. Resolution No. 09-065, (ZA09-042) Specific Use Permit for an
accessory building for Koch Pipeline on property being described as Lot 2, Block 1, Fina
Addition and being located at 2350 State Highway 26 (Ira E. Woods Avenue.) Current
Zoning: 12 Heavy Industrial District. SPIN Neighborhood #8. Deputy Director Killough
announced that the applicant was not present this evening so Council agreed to table
this item to the next Council meeting.
The Mayor opened the public hearing. No one spoke during the public hearing. The
public hearing was closed.
Motion was made to table this item to the November 3, 2009 City Council meeting.
Motion:
Muzyka
Second:
Jones
Ayes:
Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays:
None
Approved:
7-0
Councilmember Jones recused himself from the next item and left the chambers.
Agenda Item No. 7A. Ordinance No. 480-542a, (ZA09-046), 1St Reading, Zoninq
Change and Site Plan for Southlake Villa Offices on property being described as Tract
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009
Page 6 of 7
3 W.W. Hall Survey Abstract No. 687 and being located at 310 East Southlake
Boulevard. Current Zoning: S-P-1 Site Plan Zoning District. Deputy Director Killough
presented this item and answered Council's questions. Applicant Skip Blake, Blake
Architects, 1202 South White Chapel Boulevard, Southlake, Texas answered Council's
questions.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-542a, (ZA09-046), 1St Reading, Zoning
Change and Site Plan for Southlake Villa Offices subject to Review Summary No. 1,
dated October 1, 2009.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 9A. Consider SV09-019, Variance to Southlake Town Square Grand
Avenue District Conditional Sign Permit for Metropark located at 252 Grand Avenue,
Building GA-2. Director Baker announced the applicant was not present this evening so
Council agreed to table this item to the next Council meeting.
Motion was made to table this item to the November 3, 2009 City Council meeting.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:52
p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
John Terrell
Mayor
ATTEST:
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Lori Payne
City Secretary
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REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009
Page 7 of 7
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At.
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OFe_ Z1 4A,#_ §
I,~ as a member of the of the City
of Southlake, make this affidavit and hereby on oath state the following: I, my spouse, and/or a
person or persons related to me within the first degree of consanguinity or affinity, have a substantial
interest in a business entity or real property as defined in Chapter 171, Texas Local Government
Code, and/or City of Southlake No. 635-A and a vote is to be taken or a decision is to be made that
will have a special economic effect on this business entity or real property.
The agenda item affecting this business entity or real property is:
COMPLETE (A) or (B): (A) The business entity is name , or
(B) The real property is located at: 310 E '1 [0 P(f VE- QJ10
I have a substantial interest because 1, my spouse, and/or a person or persons related to me within the
first degree of consanguinity or affinity have the following relationship to the business entity or real
property which will likely be affected by the vote on the above-referenced agenda item: (check all
which are applicable)
1/ Ownership of 10% or more of the voting stock or shares of the business entity.
_1-__~Ownership of 10% or more or $5,000 or more of the fair market value of the business
entity.
Funds received from the business entity exceed 10% of gross income for the previous year.
Hold a position of member of the board of directors or other governing board of the
business entity.
Serve as an elected officer of the business entity.
An employee of the business entity.
Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars
($5,000.00) or more.
Property of the person has been pledged to the business entity or is subject to a lien in favor
of the business entity in the amount of five thousand dollars ($5,000.00) or more.
Have an equitable or legal ownership of real property with a fair market value of at least
$2,500.00.
Other:
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any
decision and from any further participation by discussion or debate regarding the above-referenced
agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start
of the meeting at which the agenda item in question is being addressed or as soon as practicable once
I realized a potential conflict exists.
Signed this day of 6,11~ , 200
Signature of
The State of §
County of §
,.Before me, t wP on this day personally appeared
/ JUyle-,5 known to me (or proved to me on the oath of
) or through (description of identity card or other
document) to be the person whose name is subscribed to the foregoing instrument and stated that the
statements made in this affidavit are within his personal knowledge and true and correct.
Given under my hand and seal of office this 2Aay of OG"1 b
(SEAIr ~pIRk Pq
P(/6
n - Notary Public in an or the State of Texas
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