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Item 4A REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 6, 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, and Councilmembers Brandon Bledsoe, Gregory Jones, Carolyn Morris, and Pamela A. Muller. CITY COUNCIL ABSENT : Deputy Mayor Pro Tem 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 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, Bob Jones Nature Center Coordinator Katie Fosha, Marketing and Tourism Coordinator Jill Cherry, Director of Finance Sharen Jackson, Purchasing Manager Tim Slifka, Assistant 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. UNOFFICIAL 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. . 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. 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. - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Agenda Item No. 3A2. 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. . No report was given. Agenda Item No. 3C. School District Reports. No reports were given. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009 Page 2 of 8 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. Agenda 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. 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: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009 Page 3 of 8 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 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 ATTACHED HERETO 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: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009 Page 4 of 8 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 DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED 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 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 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009 Page 5 of 8 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 ee 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. UNOFFICIAL 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 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 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009 Page 7 of 8 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 . ______________________________ John Terrell Mayor ATTEST: ______________________________ Lori Payne City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009 Page 8 of 8