Item 4A
REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 3, 2009
LOCATION
:1400 Main Street, Southlake, Texas
rd
3 Floor Training Rooms in Town Hall
CITY COUNCIL PRESENT
: 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
: Mayor John Terrell.
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 Kerry
McGeath, Director of Economic Development Greg Last, Director of Finance Sharen
Jackson, Assistant Director of Finance Sean Leonard, Director of Human Resources
Kevin Hugman, Information Technology Technician Eric Lusk, Director of Planning and
Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Clayton
Comstock, Chief of Fire Services Mike Starr, Deputy Fire Chief Bryan Thomas, Chief of
Police Services Robert Finn, Deputy Police Chief Rusty Daniels, Lieutenant Ben Brown,
Police Officer Kevin Diehl, Director of Public Works Robert Price, Deputy Director of
Public Works Gordon Mayer, Civil Engineer Michael James, Civil Engineer Michelle
Speaker, 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 Pro
Tem Muzyka at 5:35 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Scott Berry, gave the invocation.
Mayor Pro Tem Muzyka led the pledge of allegiance.
Mayor Pro Tem Muzyka announced item 3A2 would be presented next.
Regular Session Agenda Item 3A2. - .
Mayor Pro Tem Muzyka read the proclamation and presented it to the following
employees, who are all veterans: Assistant City Manager Blagg, Lieutenant Brown,
Deputy Police Chief Daniels, Police Officer Diehl, and Deputy Fire Chief Thomas.
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Agenda Item No. 3. Discuss proposed revisions to the Town Hall Use Policy. Assistant
Director McGeath presented information on the display of public art in Town Hall and
Council discussed this item.
Agenda Item No. 4. Update on Kirkwood-Carroll Connector and Highland Avenue
connection. Civil Engineer James presented this
questions.
Agenda Item No. 5. Council reviewed
the consent agenda items. Item 9B 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 Pro Tem Muzyka at 6:29 p.m.
Agenda Item No. 2A. Executive Session. Mayor Pro Tem Muzyka announced City
Council would be going into Executive Session pursuant to the Texas Government
Code Section 551.072, deliberation regarding real property and Section 551.087,
deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:29 p.m. Executive Session began at 6:49 p.m. and ended at
7:07 p.m.
Agenda Item No. 2B. Reconvene. Mayor Pro Tem Muzyka reconvened the regular
meeting at 7:17 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 Pro Tem Muzyka announced upcoming meetings and events.
Agenda Item No. 3B1. . City Manager Yelverton introduced
Survey and the curbside leaf recycling program.
Agenda Item No. 3C. Library Board Report
packet.
Agenda Item No. 3D. Arts Council Report. Deputy Director McGeath introduced Terri
Messing who announced upcoming meetings and events of the Arts 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 October 20, 2009 regular City Council
meeting. The minutes were approved as presented.
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Agenda Item No. 4B. Approve Change Order No. 2 for civil engineering modifications to
the existing construction contract for the Wholesale Meter Station Improvements with
Legacy Contracting, LP in the amount of $60,369 and amend the project budget.
Agenda Item No. 4C. Award construction contract for the Neighborhood Sanitary Sewer,
Water and Paving Improvements to North Texas Contracting, Inc. in the amount of
$3,748,737.54 and authorize construction phase contingencies. Director Price
Agenda Item No. 4D. Approve a Plat Extension request for ZA06-030, Preliminary Plat
for Saddleback Ridge Estates, located at 330 through 360 West Bob Jones Road.
Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #1. A
presentation was not made on this item. This plat was extended to June 7, 2011.
Agenda Item No. 4E. Approve a Plat Extension request for ZA06-185, Final Plat for
Saddleback Ridge Estates located at 330 through 360 West Bob Jones Road and 4640
North White Chapel Boulevard. Current Zoning: SF-1A Single Family Residential
District. SPIN Neighborhood #1. A presentation was not made on this item. This plat
was extended to January 19, 2011.
Approve Item No. 4F. Approve lighting upgrade for West Parking Garage through
Facility Solutions Group in the amount of $107,178.85. Director Price answered
m during the Work Session.
Approve Item No. 4G. 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. This item was tabled to the November 17, 2009 City
Council meeting.
Approve Item No. 4H. Resolution No. 09-068, (ZA09-043), Specific Use Permit for
Southlake Green Day Event (Mass Gathering) on property being described as Lot 1R,
Block 3; Lot 5R, Block 4; and Blocks 7 and 8, Southlake Town Square and being
located at 140 State Street, 141 Grand Avenue, 1400 Fountain Place, and 1400 East
Southlake Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood #8.
This item was tabled to the December 1, 2009 City Council meeting.
Agenda Item No. 9B. Approve termination of professional services contract with
Graham Associates, Inc. for the design of F.M. 1938, Precinct Line Road, from State
Highway 114 to West Southlake Boulevard and intersection improvements for F.M.
1938 and West Southlake Boulevard. A presentation was not made on this item.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D to extend to June 7,
2011; 4E to extend to January 19, 2011; 4F; to table item 4G to the November 17, 2009
City Council meeting; to table item 4H to the December 1, 2009 City Council meeting;
and including item 9B.
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Motion: Hill
Second: Muller
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Pro Tem Muzyka opened the public hearing.
Agenda Item No. 5A. Introduction of Robert Earley, new President and CEO of John
Peter Smith Hospital. Mr. Earley introduced himself to City Council.
Gail Santora from the Greater thanked Council for the
support of the Festival of Trees and presented commemorative ornaments signed by
artist Trish Biddle.
Mayor Pro Tem Muzyka closed the public hearing.
Agenda Item No. 6A. 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: I2 Heavy Industrial District. SPIN Neighborhood #8. Planner Comstock
presented this item to Council. Applicant David Tullis, 5724 Crowder, Fort Worth, Texas
, 5517 West Creek Drive, also
Council discussed this request.
Mr. Tullis requested to table this item.
Motion was made to table Resolution No. 09-065, (ZA09-042), Specific Use Permit for
an accessory building for Koch Pipeline to the November 17, 2009 City Council
meeting.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka
Nays: None
Approved: 6-0
Councilmember Jones recused himself from items 6B and 6C and left the meeting.
nd
Agenda Item No. 6B. Ordinance No. 480-542a, (ZA09-046), 2 Reading, Zoning
Change and Site Plan for Southlake Villa Offices on property being described as Tract
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. Proposed Zoning: S-P-1
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Site Plan Zoning District. SPIN Neighborhood #7. Planner Comstock presented this item
in conjunction with Item No. 6C. 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 LEGALLY DESCRIBED AS
TRACT 3, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 687, AND
BEING APPROXIMATELY 2.887 ACRES, AND MORE FULLY AND COMPLETELY
-P--
P-- USES, AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
REQUIREMENTS CONTAINED IN 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. 480-542a, (ZA09-046), 2 Reading,
Zoning Change and Site Plan for Southlake Villa Offices subject to Site Plan Review
Summary No. 1, dated October 1, 2009.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka
Nays: None
Approved: 5-0
Agenda Item No. 6C. Approve a Plat Extension request for ZA08-015, Plat Showing for
Lots 3-6, W.W. Hall No. 687 Addition (Southlake Villa Offices), located at 310 East
Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #7. Planner Comstock presented this item in conjunction with Item No.
6B.
Motion was made to approve a Plat Extension request for ZA08-015, Plat Showing for
Lots 3-6, W.W. Hall No. 687 Addition (Southlake Villa Offices) to extend to November 3,
2010.
Motion: Hill
Second: Morris
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Ayes: Bledsoe, Hill, Morris, Muller, Muzyka
Nays: None
Approved: 5-0
Agenda Item No. 6D. Resolution No. 09-069, (ZA09-052), Specific Use Permit for
promotional events on property being located at Southlake Town Square. Current
Zoning: DT Downtown District. SPIN Neighborhood #8. Director Baker presented this
item to Council. Applicant Carla Chase with Southlake Town Square, 506 Stonebury
Drive, 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,
GRANTING A SPECIFIC USE PERMIT FOR PROMOTIONAL SALES FROM KIOSKS
FOR SOUTHLAKE TOWN S
PROMOTIONAL EVENTS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,
TEXAS, LOCATED AT SOUTHLAKE TOWN SQUARE, 1240 MAIN STREET AND 1430
DIVISION STREET, LOCATIONS BEING LEGALLY DESCRIBED AS LOT 4, BLOCK
2R1 AND LOT 1, BLOCK 18, SOUTHLAKE TOWN SQUARE ADDITION, MORE
AS DEPICTED ON
THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN
No one spoke during the public hearing.
Motion was made to approve Resolution No. 09-069, (ZA09-052), Specific Use Permit
fo
promotional events on property being located at Southlake Town Square allowing seven
(7) events as requested by the applicant one (1) in 2009 and six (6) in 2010; noting
the black-out dates as provided by the applicant; including recommendations by the
Planning and Zoning Commission for the signage restrictions up to six (6) signs with
staff approval of signage; and subject to the Staff Report dated October 16, 2009.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka
Nays: None
Approved: 5-0
st
Agenda Item No. 7A. Ordinance No. 960, 1 Reading, Southlake 2030 Plan - Vision,
Goals & Objectives.
Council discussed this item and
nd
suggested a few changes to be incorporated into the document by 2 Reading.
st
Motion was made to approve Ordinance No. 960, 1 Reading, Southlake 2030 Plan -
Vision, Goals & Objectives with comments as noted by City Council tonight.
Motion: Hill
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Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka
Nays: None
Approved: 5-0
Councilmember Muller recused herself from item 8A and left the Council Chambers.
Agenda Item No. 8A. Resolution No. 08-050A, Adopt a revised policy which establishes
an economic incentive program encouraging connection in a timely manner to the city's
waste water system that has been constructed via the neighborhood sewer program
and/or a developer constructed project and providing for an effective date. Director
Price presented t
Council discussed this item.
Motion was made to table Resolution No. 08-050A, Adopt a revised policy which
establishes an economic incentive program encouraging connection in a timely manner
to the city's waste water system that has been constructed via the neighborhood sewer
program and/or a developer constructed project and providing for an effective date, to
the November 17, 2009 City Council meeting and not enforcing the current deadline of
November 15 as t
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muzyka
Nays: None
Approved: 4-0 (to table)
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 presented this item to Council. Councilmember Muller
rejoined the meeting. Applicant James Watson from Signs Manufacturing, 4610 Mint
Way, Dallas, Texas Council discussed this item.
Motion was made to deny SV09-019, Variance to Southlake Town Square Grand
Avenue District Conditional Sign Permit for Metropark located at 252 Grand Avenue,
Building GA-2.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka
Nays: None
Approved: 5-0 (to deny)
Agenda Item No. 11. Meeting adjourned. Mayor Pro Tem Muzyka adjourned the
meeting at 9:30 p.m.
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*An audio recording of this meeting will be permanently retained in the City
______________________________
Virginia M. Muzyka
Mayor Pro Tem
ATTEST:
______________________________
Lori Payne
City Secretary
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