Item 4A
REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 1, 2009
LOCATION
:1400 Main Street, Southlake, Texas
rd
3 Floor Training Rooms in Town Hall
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, 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, Recreation
Superintendent Steve Moore, Director of Economic Development Greg Last, Marketing
and Tourism Coordinator Jill Cherry, Director of Finance Sharen Jackson, 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, Chief Building Official Paul Ward, Planner II Clayton Comstock,
Planner I Daniel Cortez, Chief of Police Services Robert Finn, Chief of Fire Services
Mike Starr, Firefighter / Paramedic Lorin Bros, Fire Lieutenant Wade Carroll, Firefighter
/ Paramedic Paul Cook, Firefighter / Paramedic Jim Cox, Fire Drive / Engineer Joe
Crowder, Firefighter / Paramedic Ricky Davis, Fire Lieutenant Scott Estes, Firefighter /
Paramedic Ray Faglie, Firefighter / Paramedic Shane Freeman, DPS Analyst / EMS
Coordinator Colleen Gilmore, Fire Driver / Engineer Terry Hankins, Fire Driver /
Engineer Richard Hollis, Firefighter / Paramedic Frank Molinets, Fire Driver / Engineer
Tony Peyton, Fire Driver / Engineer Ryan Sessums, Firefighter / Paramedic David
Sizemore, Fire Lieutenant Marshall Urbanosky, Public Safety Officer Jeff Vogel, Fire
Driver / Engineer Jason Wise, Director of Public Works Robert Price, Deputy Director of
Public Works Gordon Mayer, Civil Engineer Michael James, Civil Engineer Michelle
McCullough, Civil Engineer Cheryl Taylor, 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 5:39 p.m.
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Agenda Item No. 2. Invocation. Chaplain of the Month, Margy Gore, gave the
invocation. Mayor Terrell led the pledge of allegiance.
Agenda Item No. 3. FY2010 proposed budget multi-year outlook. This item was
presented and discussed later in the meeting.
Agenda Item No. 4. Council reviewed
the consent agenda items. Item 7A was added to the Consent Agenda.
Mayor Terrell closed the work session at 5:56 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session of the City Council was called to
order by Mayor Terrell at 5:56 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; 551.072, deliberation regarding real property;
and Section 551.087, deliberation regarding economic development negotiations. City
Council adjourned for Executive Session at 5:56 p.m. Executive Session began at 6:18
p.m. and ended at 7:12 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:24
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
Agenda Item No. 3A1. May- Update of upcoming meetings and events.
Mayor Terrell announced upcoming meetings and events, including information on
National Preparedness Month.
Agenda Item No. 3A2. Special recognition of Girl Scout Troop 4025 members for
receiving Presidential Volunteer Service Awards. Mayor Terrell introduced LizAnn
Cundall who spoke about the Troop volunteer service. Mayor Terrell
presented the following Girl Scouts with letters of thanks: Nicole Choate, Ruthie
Johnson, Peyton Roennau, Ciara McMurray, Amy Turner, Kiana Truesdale, LeeAnn
Rasmussen, Sonja Loy, Shelby Brown, Jasmine Horne, Lizzie Kemins, Kat Swearingen,
Courtney Cundall, and Elissa Dunlap.
Agenda Item No. 3A3. Proclamation for Polycystic Kidney Disease Awareness Month.
Councilmember Morris presented information pertaining to the PKD Walk on September
26, 2009. Mayor Terrell presented proclamations to Carolyn McLean and Lauren
MacMillan.
Agenda Item No. 3B. . A report was not given.
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Agenda Item No. 3C. Library Board Report. A written report was provided to Council.
Councilmember Morris thanked the staff, Library Board and volunteers for their hard
work. She said she was very impressed on the information provided regarding use and
volunteer rates.
CONSENT AGENDA:
Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. Council added item 7A to the consent
agenda.
Agenda Item No. 4A. Approve minutes from the August 18, 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B. This item was intentionally left blank.
Agenda Item No. 4C. Approve Ground and Water Tower Leases for Bicentennial and
Florence water towers with Clearwire. A presentation was not made on this item.
Agenda Item No. 4D. Approve Change Order No. 2 for additional water line and storm
drain improvements to the existing construction contract for Dove Road Intersection and
Drainage Improvements with Quality Excavation, Ltd. in the amount of $240,943.27. A
presentation was not made on this item.
Agenda Item No. 4E. Approve Change Order No. 1 for electrical modifications to the
existing construction contract for the Wholesale Meter Station Improvements with
Legacy Contracting, LP in the amount of $53,331.64. A presentation was not made on
this item.
Agenda Item No. 4F. Resolution No. 09-053, Electing to participate in the PARS Public
Agencies Post-retirement Health Care Plan Trust, and designating a Plan Administrator.
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,
ELECTING TO PARTICIPATE IN THE PARS PUBLIC AGENCIES POST-
RETIREMENT HEALTH CARE PLAN TRUST; DESIGNATING A PLAN
ADMINISTRATOR; AND PROVIDING AN EFFECTIVE DATE.
st
Agenda Item No. 4G. Ordinance No. 598-D and related exhibits, 1 Reading, revising
aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN)
neighborhood representation and replacing Ordinance No. 598-C. Assistant to the City
Agenda Item No. 4H. Approve a Community Events Participation Agreement with
Southlake Chamber of Commerce for the 2009 Oktoberfest event. City Manager
Yelverton, Director Last and Marketing and Tourism Coordinator Cherry answered
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Agenda Item No. 4I. ZA08-057, Plat Showing Extension for Lots 9-12, J.H. Childress
No. 254 Addition on property located at 3010 Lake Drive. Current Zoning: SF-20B
Single Family Residential District. SPIN Neighborhood #3. Request for extension to
September 1, 2010. A presentation was not made on this item.
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Agenda Item No. 7A. Ordinance No. 641-A, 1 Reading, Approve revisions to the
floodplain ordinance. A presentation was not made on this item.
Motion was made to approve consent agenda items 4A; 4C; 4D; 4E; 4F; 4G; 4H; 4I; and
7A.
Motion: Muzyka
Second: Hill
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum.
Jeff Hauser, 911 Emerald Boulevard, Southlake, Texas along with his wife, Tamara,
and son, Ryan, spoke regarding a recent traffic accident involving Ryan. He discussed
the completion of public sidewalks and crosswalks in Southlake.
Tamara Hauser, 911 Emerald Boulevard, Southlake, Texas spoke regarding the
completion of public sidewalks and crosswalks in Southlake.
Ryan Sessums, President of the Southlake Fire Fighters Association Local 4243, spoke
in support of recent decisions made by City administration.
Council thanked Mr. Sessums and the fire fighters attending this evening meeting for
their comments and for their continued support and teamwork.
Mayor Terrell closed the public forum.
Councilmember Jones left the meeting during the next item.
nd
Agenda Item No. 6A. Ordinance No. 733-A, 2 Reading, Approve a speed limit
ordinance amending Section 18-80 of the Southlake City Code revising the location of
school crossing zones. Director Price presented this item to Council.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
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AN ORDINANCE AMENDING SECTION 18-80 OF THE SOUTHLAKE CITY CODE
(1999), AS AMENDED BY REVISING THE LOCATION OF SCHOOL CROSSING
ZONES WHICH HAVE A 20 MPH SPEED LIMIT, AND REVISING THE DESIGNATED
HOURS OF THE SCHOOL ZONE; 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.
nd
Motion was made to approve Ordinance No. 733-A, 2 Reading, Approve a speed limit
ordinance amending Section 18-80 of the Southlake City Code revising the location of
school crossing zones.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
nd
Agenda Item No. 6B. Ordinance No. 480-590 (ZA09-032), 2 Reading, Zoning Change
and Site Plan for Carroll ISD Middle School on property being described as a portion of
Tract 1, a portion of Tract 2A, a portion of Tract 2B1 and a portion of Tract 3, Thomas
Mahan Survey, Abstract No. 1049 and being located at 1801 East Highland Street.
Current Zoning: AG Agricultural. Requested Zoning: S-P-1 Detailed Site Plan District.
SPIN Neighborhood #4. Director Baker presented this item to Council. CISD
Representative, Dr. Derek Citty, 3051 Dove Road, Grapevine, Texas, along with
consultants John Blacker with Hart, Gaugler & Associates, John Haugen with NATEX
and Shane Garthoff with Garthoff Design made a pre
questions. Council discussed this request.
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;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS A PORTION OF
TRACT 1, A PORTION OF TRACT 2A, A PORTION OF TRACT 2B1, AND A PORTION
OF TRACT 3, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 24.935
-P-WITH
NITY SERVICE DISTRICT USES, AS DEPICTED ON THE APPROVED
SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
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CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS
OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; 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.
nd
Motion was made to approve Ordinance No. 480-590 (ZA09-032), 2 Reading, Zoning
Change and Site Plan for Carroll ISD Middle School noting the request is for S-P-1
zoning and will follow the CS uses and regulations with the exceptions as noted: height
as presented, façade / articulation as presented, off-street loading as presented, and
requiring fencing to be as noted: CISD will install an 8-foot black-coated chain link fence
(granting latitude on the color of the fence to the CISD Board of Trustees) and an 8-foot
wood fence where noted on the plan and stating that CISD has committed to following
property maintenance standards that are followed by the City of Southlake
and, in the future, stating that CISD has agreed that as the property next door develops
any changes in fencing materials will be evaluated by all property owners and city staff
and will be compatible with what is existing; and subject to Site Plan Review Summary
No. 3, dated August 25, 2009 and allowing the following variances as presented: type of
lighting for the athletic fields and tennis courts, maximum light intensity, maximum
vertical spillover, and driveway stacking.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6C. Resolution No. 09-054 (CP09-001), Amendment to
Master Plan proposing a change in the Land Use Designation from Low Density
Residential to Medium Density Residential, on property described as Tract 2C05, A.H.
Chivers Survey, Abstract No. 299 located at 1030 Primrose Lane. Current Zoning: AG
Agricultural District. Proposed Zoning: SF-20A Single-Family Residential District. SPIN
Neighborhood #3. Planner Cortez presented this item in conjunction with items 6D and
6E. Applicant Paul Spain with Terra Land Management, 395 West Northwest Parkway,
Southlake, Texas
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,
AMENDING THE CONSOLIDATED 2005 FUTURE LAND USE PLAN, AN ELEMENT
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No one spoke during the public hearing.
Councilmember Muller commented that while Council typically keeps SF-30 zoning next
to SF-1A zoning but recognizing the fact that two adjacent property owners have not
responded and one has responded in support of this request and with the transition and
the uniqueness of this property, she has no trouble with this zoning change.
Motion was made to approve Resolution No. 09-054 (CP09-001), Amendment to the
Residential to Medium Density Residential on property located at 1030 Primrose Lane.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6D. Resolution No. 09-055 (CP09-
Master Plan proposing a change in the Land Use Designation from Low Density
Residential to Medium Density Residential, on properties described as Tracts 2, 2B,
2B01, and 2C04A, A.H. Chivers Survey, Abstract No. 299 and Lots 3 and 7, A.H.
Chivers No. 299 Addition located at 1080, 1086, 1090 and 1100 Primrose Lane and
1900 North Carroll Avenue. Current Zoning: SF-20A Single Family Residential District,
SF-30 Single Family Residential District and AG Agricultural District. SPIN
Neighborhood #3. Planner Cortez presented this item in conjunction with items 6C and
6E. Applicant Paul Spain with Terra Land Management, 395 West Northwest Parkway,
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,
AMENDING THE CONSOLIDATED 2005 FUTURE LAND USE PLAN, AN ELEMENT
No one spoke during the public hearing.
Motion was made to approve Resolution No. 09-055 (CP09-002), Amendment to the
nge in the Land Use Designation from Low Density
Residential to Medium Density Residential on properties located at 1080, 1086, 1090
and 1100 Primrose Lane and 1900 North Carroll Avenue.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
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Agenda Item No. 6E. Ordinance No. 480-589 (ZA09-021), 2 Reading, Zoning Change
and Concept Plan for Lots 5 and 6, Block 1, Primrose Lane, on property being
described as Tract 2C5, A.H. Chivers Survey, Abstract No. 299 and being located at
1030 Primrose Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-
20A Single-Family Residential District. SPIN Neighborhood #3. Planner Cortez
presented this item in conjunction with items 6C and 6D. Applicant Paul Spain with
Terra Land Management, 395 West Northwest Parkway, Southlake, Texas answered
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;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACT 2C05,
A.H. CHIVERS SURVEY, ABSTRACT NO. 299, SOUTHLAKE, TARRANT COUNTY,
TEXAS BEING APPROXIMATELY 0.986 ACRES AND MORE FULLY AND
--FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE
APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN
THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; 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.
nd
Motion was made to approve Ordinance No. 480-589 (ZA09-021), 2 Reading, Zoning
Change and Concept Plan for Lots 5 and 6, Block 1, Primrose Lane subject to Concept
Plan Review Summary No. 2, dated July 10, 2009 with the variances as noted.
Motion: Muzyka
Second: Hill
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
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Agenda Item No. 6F. Ordinance No. 962, 1 Reading, Approving and adopting the
Annual Budget for the Fiscal Year 2010 and approving the revised budget figures for the
Fiscal Year 2009 and Multi-year Capital Improvements Plan. City Manager Yelverton,
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Director Jackson, Assistant City Manager Thatcher, Director Price, Director Tribble and
Assistant City Manager / Director Blagg presented items 6F, 6G, and 6H to Council.
Council discussed these items.
No one spoke during the public hearing.
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Motion was made to approve Ordinance No. 962, 1 Reading, Approving and adopting
the Annual Budget for the Fiscal Year 2010 and approving the revised budget figures for
the Fiscal Year 2009 and Multi-year Capital Improvements Plan.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
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Agenda Item No. 6G. Ordinance No. 963, 1 reading, Tax Levy Ordinance. City
Manager Yelverton, Director Jackson, Assistant City Manager Thatcher, Director Price,
Director Tribble and Assistant City Manager / Director Blagg presented items 6F, 6G
and 6H to Council. Council discussed these items.
No one spoke during the public hearing.
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Motion was made to approve Ordinance No. 963, 1 reading, Tax Levy Ordinance.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6H. Adopt the FY 2010 Crime Control and Prevention District
Operating Budget and Multi-year Capital Improvements Plan. City Manager Yelverton,
Director Jackson, Assistant City Manager Thatcher, Director Price, Director Tribble and
Assistant City Manager / Director Blagg presented items 6F, 6G and 6H to Council.
Council discussed these items.
No one spoke during the public hearing.
Motion was made to adopt the FY 2010 Crime Control and Prevention District Operating
Budget and Multi-year Capital Improvements Plan.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
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Agenda Item No. 9B. Consider SV09-016, Variance to Sign Ordinance No. 704, as
amended, for Alamo Title Company located at 700 East Southlake Boulevard, Suite
150.Director Baker presented this item to Council. Applicant Sandy Sidwell, 700 East
David Flory with
Willow Creek Signs, 2633 Blue Mound Road West, Haslet, Texas was also available to
answer questions. Council discussed this request.
Motion was made to deny SV09-016, Variance to Sign Ordinance No. 704, as
amended, for Alamo Title Company located at 700 East Southlake Boulevard, Suite
150.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0 (to deny)
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:53
p.m.
*An audio recording of this meeting will be permanently retained in the City
______________________________
John Terrell
Mayor
ATTEST:
______________________________
Lori Payne
City Secretary
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