Item 4A
REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 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 (arrived at 5:43 p.m.) and Councilmembers
Brandon Bledsoe, Gregory Jones, Carolyn Morris, and Pamela A. Muller.
CITY COUNCIL ABSENT
: None.
STAFF PRESENT
: 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, 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, Planner I Lorrie Fletcher, Chief of Fire Services Mike Starr, Chief
of Police Services Robert Finn, Director of Public Works Robert Price, Deputy Director
of Public Works Gordon Mayer, Civil Engineer Michael James, 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 5:37 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, David Whitington, gave the
invocation. Mayor Terrell led the pledge of allegiance.
Agenda Item No. 3. Discuss a proposed roadway connection between South Village
Center Drive and Westwood Drive to be known as the Woodland Heights Connector.
Civil Engineer James presented this item to Council. This item was also approved on
as consent agenda item 4D.
Agenda Item No. 4. Discuss the Sidewalk Priority Construction Schedule. Director Price
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Agenda Item No. 5. Discuss Council reviewed
the consent agenda items.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session of the City Council was called to
order by Mayor Terrell at 6:05 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 attorney; 551.072, deliberation regarding real property; and
Section 551.087, deliberation regarding economic development negotiations. City
Council adjourned for Executive Session at 6:05 p.m. Executive Session began at 6:20
p.m. and ended at 6:37 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 6:55
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. 3B. ort. There was no report.
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 November 17, 2009 regular City
Council meeting. The minutes were approved as presented.
Agenda Item No. 4B. Award annual purchasing agreement for utility parts to Atlas Utility
Supply, ACT Pipe and Supply, H.D. Supply Waterworks, and Municipal Water Works
Supply. A presentation was not made on this item.
Agenda Item No. 4C. Award annual purchasing agreement for signs and pavement
marking to Centerline Supply, Custom Products, Osborn Associates, Roadrunner Traffic
Supply, and Vulcan.
during the work session.
Agenda Item No. 4D. Adopt Connector Road Alternate 2, as presented in City Council
Work Session on December 1, 2009, as the preferred roadway connection between
South Village Center Drive and Westwood Drive, to be known as the Woodland Heights
Connector. A presentation was not made on this item.
Agenda Item No. 4E. Resolution No. 09-071, Authorize the creation of the City of
Southlake Sidewalk Partnership Program. A presentation was not made on this item.
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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, ESTABLISHING A
SIDEWALK PARTNERSHIP PROGRAM; PROVIDING FOR AN EFFECTIVE DATE.
Agenda Item No. 4F. 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 to the February 2, 2010 City Council meeting.
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Agenda Item No. 4G. Ordinance No. 480-588 (ZA09-017), 1 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. This item
was administratively tabled to the January 5, 2010 City Council meeting.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; to table item
4F to the February 2, 2010 City Council meeting; and to table item 4G to the January 5,
2010 City Council meeting.
Motion: Jones
Second: Muller
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke during public forum.
nd
Agenda Item No. 6A. Ordinance No. 965, 2 reading, Amend certain Texas Municipal
Retirement System (TMRS) benefits for employees and retirees. Director Hugman
presented this item to Council. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING
THE TEXA
SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH
SYSTEM WHO PRESENTLY ARE MEMBERS OF THE CITY OF SOUTHLAKE;
PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR
RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND
ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS.
No one spoke during the public hearing.
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nd
Motion was made to approve Ordinance No. 965, 2 reading, Amend certain Texas
Municipal Retirement System (TMRS) benefits for employees and retirees as
presented.
Motion: Jones
Second: Morris
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 6B. 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 Fletcher presented
this item to Council. Applicants David Tullis, Michael Valdez and Jeff Gordon 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 AN ACCESSORY BUILDING ON NON-
RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED
AT 2350 STATE HIGHWAY 26 (IRA E. WOODS), BEING LEGALLY DESCRIBED AS
LOT 2, BLOCK 1, FINA ADDITION, MORE FULLY AND COMPLETELY DESCRIBED
EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve 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)
granting the requested variances related to permanent foundation and the masonry
agreement that the building will be white in color and that they will provide the tie-down
requirement documents to staff and will follow the engineering standards as provided for
of those standards prior to a permit
being issued.
Motion: Jones
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 6C. Resolution No. 09-068, (ZA09-043), Specific Use Permit for a
Mass Gathering Event for Southlake Green Day event on property being described as
Lot 1R, Block 3; Lot 5R, Block 4; and Blocks 7 and 8, Southlake Town Square and
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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. Planner Fletcher presented this item to Council in conjunction with item 6D.
Applicant Audra Lewandowski, 405 Indian Paintbrush Way, Southlake, Texas presented
this item anIn 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 FOR SOUTHLAKE
GREENDAY EVENT, ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
LOCATED AT 140 STATE STREET, 141 GRAND AVENUE, 1400 FOUNTAIN PLACE,
AND 1400 EAST SOUTHLAKE BOULEVARD, LOCATION BEING LEGALLY
DESCRIBED AS LOT 1R, BLOCK 3, LOT 5R, BLOCK 4, AND BLOCKS 7 AND 8,
SOUTHLAKE TOWN SQUARE, MORE FULLY AND COMPLETELY DESCRIBED IN
EFFECTIVE DATE.
No one spoke during the public hearing.
Council discussed this request.
Motion was made to approve Resolution No. 09-068, (ZA09-043), Specific Use Permit
for a Mass Gathering Event for the Southlake Green Day event 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 subject to a one-year approval; subject to the
organization becoming a 501(c)3 prior to the event taking place; and subject to the Staff
Report dated November 24, 2009.
Motion: Jones
Second: Muzyka
Ms. Lewandowski expressed concern regarding the requirement that a 501(c)3 be in
place prior to the event as she is not sure that the application process works that fast.
After discussion, Councilmember Jones amended the motion to remove that portion:
Motion was made to approve Resolution No. 09-068, (ZA09-043), Specific Use Permit
for a Mass Gathering Event for the Southlake Green Day event 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 subject to a one-year approval and subject to the
Staff Report dated November 24, 2009.
Motion: Jones
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
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Nays: None
Approved: 7-0
Agenda Item No. 6D. Approve the 2010 Community Events Participation Agreement
with GreenFellows, Inc. for Southlake Green Day event. Planner Fletcher presented this
item in conjunction with item 6C.
Motion was made to approve the 2010 Community Events Participation Agreement with
GreenFellows, Inc. for Southlake Green Day event contingent upon the organization
)3 status and contingent upon the
the signs at the intersection of White Chapel Boulevard and Continental Boulevard.
Motion: Jones
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 6E. Resolution No. 09-075, (ZA09-058), Specific Use Permit for
Batteries Plus for the retail sale of batteries on property being described as Lot 3, Block
1, Cornerstone Plaza, and being located at 2757 East Southlake Boulevard, Suite A-
120. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8.
questions. Applicants Jeff Lambeth and Felicia Gatlin, 1409 Mayfair Place, 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 THE RETAIL SALE OF BATTERIES TO
INCLUDE AUTOMOTIVE BATTERIES AT A LOCATION THAT IS WITHIN THE F.M.
1709 CORRIDOR OVERLAY ZONE ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, LOCATED AT 2757 EAST SOUTHLAKE BOULEVARD, SUITE
A-120, LOCATION BEING LEGALLY DESCRIBED AS LOT 3, BLOCK 1,
CORNERSTONE PLAZA, MORE FULLY AND COMPLETELY DESCRIBED IN
AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED
EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 09-075, (ZA09-058), Specific Use Permit
for Batteries Plus for the retail sale of batteries subject to the life of the lease and the
recommendations of the Planning and Zoning Commission.
Motion: Morris
Second: Hill
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
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Approved: 7-0
Agenda Item No. 6F. Resolution No. 09-074, Authorize and endorse an application for
the 2009 Transportation Enhancement Program Call for Projects for the construction of
sidewalks along F.M. 1709. Director Baker 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 COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
AUTHORIZING AND ENDORSING THE APPLICATION FOR THE 2009
TRANSPORTATION ENHANCEMENT PROGRAM FOR THE CONSTRUCTION OF
SIDEWALKS ALONG F.M. 1709.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 09-074, Authorize and endorse an
application for the 2009 Transportation Enhancement Program Call for Projects for the
construction of sidewalks along F.M. 1709.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
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Agenda Item No. 7A. Ordinance No. 962, 1 Reading, Amending the adopted Master
Thoroughfare Plan and Map to indicate the general roadway alignment, ultimate
roadway cross section and right-of-way requirements for Kirkwood Boulevard in the
vicinity of Highland Street and Carroll Avenue intersection north of State Highway 114.
Director Baker presented this item to Council. Mayor Terrell allowed members of the
public to speak, but no one came forward.
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Motion was made to approve Ordinance No. 962, 1 Reading, Amending the adopted
Master Thoroughfare Plan and Map to indicate the general roadway alignment, ultimate
roadway cross section and right-of-way requirements for Kirkwood Boulevard in the
vicinity of Highland Street and Carroll Avenue intersection north of State Highway 114.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
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Agenda Item No. 7B. Ordinance No. 480-465b, 1 Reading (ZA09-055), Zoning Change
and Site Plan for The Offices at Noble Oaks on property being described as Lot 4, J. W.
Hale No. 803 Addition, and being located at 1121 South Carroll Avenue. Current
Zoning: S-P-1 Detailed Site Plan District. Proposed Zoning: S-P-1 Detailed Site Plan
District. SPIN Neighborhood #9. Director Baker presented this item to Council.
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Applicants Nelson Summerville, 13631 Ash Ridge, Dallas, Texas and Dan Donohue,
402 Alexandria Circle, Southlake, Texas
Mayor Terrell read a comment card from Peggy Firestone, 1403 Chardonnay Court,
Southlake, Texas who is in support of this request.
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Motion was made to approve Ordinance No. 480-465b, 1 Reading (ZA09-055), Zoning
Change and Site Plan for The Offices at Noble Oaks on property being described as Lot
4, J. W. Hale No. 803 Addition, and being located at 1121 South Carroll Avenue subject
to the recommendations of the Planning and Zoning Commission limiting the medical
use to dental-only not to exceed 3,000 square feet and subject to the Staff Report dated
November 13, 2009.
Motion: Jones
Second: Morris
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 8:26
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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