Item 4AREGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 15, 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 Kerry
McGeath, Recreation Superintendent Steve Moore, Community Services Intern
Jonathan Scheu, Director of Economic Development Greg Last, Marketing and Tourism
Coordinator Jill Cherry, Director of Finance Sharen Jackson, Assistant Director of
Finance Sean Leonard, 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, Planner II Richard Schell,
Chief of Fire Services Mike Starr, Chief of Police Services Robert Finn, Warrant Officer
Jeff Paul, Director of Public Works Robert Price, Deputy Director of Public Works
Gordon Mayer, Civil Engineer Cheryl Taylor, Facility Manager Jeff Parrack, City
Attorney E. Allen Taylor, 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 5:34 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, David Whitington, gave the
invocation. Mayor Terrell led the pledge of allegiance.
Mayor Terrell announced that Council would hear Work Session Item No. 4 next.
Agenda Item No. 4. Overview of new www.VisitSouthlakeTexas.com website.
Marketing and Tourism Coordinator Cherry presented this item to Council. Council
discussed this item.
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Agenda Item No. 3. Keep Southlake Beautiful flag presentation (KSB President Wendi
Carlucci and State Representative Vicki Truitt). Representative Truitt presented a flag to
the City and was joined at the podium by President Carlucci. This flag was flown over
the State Capital on September 11, 2001 and will now be placed in the new DPS
Headquarters.
Agenda Item No. 5. Discuss all items on tonight’s meeting agenda. 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 6:12 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; 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 6:12 p.m. Executive Session began at 6:23 p.m. and
ended at 7:28 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:37
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
Agenda Item No. 3A1. Mayor’s Report - Update of upcoming meetings and events.
Mayor Terrell announced upcoming meetings and events. Mayor Terrell thanked Kosse
Maykus, Easton Maykus, Paul Spain and Bobby Harrell for their work in renovating the
Senior Center.
Agenda Item No. 3A2. Mayor’s Report - Southlake Sister Cities Report. Jeff Wang
presented this item to Council.
Agenda Item No. 3B. City Manager’s Report. There was no report given.
Agenda Item No. 3C.Library Board Report. A written report was provided in Council’s
meeting packet.
Agenda Item No. 3 D.Local Business Report. Director Last introduced Jack Layman
who presented information on his new business, Jack’s Porch, to Council.
Deputy Mayor Pro Tem Hill left the meeting.
CONSENT AGENDA:
Consent agenda items are considered to be routine by the City
Council and are enacted with one motion.
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Agenda Item No. 4A. Approve minutes from the December 1, 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B.Approve revisions to the policy for Naming and Renaming of Park
and Recreation facilities. Director Tribble answered Council’s questions on this item
during the Work Session. Council discussed this item during the Work Session. The
Mayor mentioned the wording has been removed that allowed for the discussion of a
naming or renaming of a park during the executive session. Council also agreed to add
the example of “service to the city” under guidelines for naming and renaming, Section
II.
Agenda Item No. 4C. Approve revisions to the Park Use Policy regarding park hours.
Director Tribble answered Council’s questions on this item during the Work Session.
Agenda Item No. 4D. Approve renewal of contract with Crowley Sports Officials for
sports officiating and scorekeeping services in the amount of $99,762.50. A
presentation was not made on this item.
Agenda Item No. 4E. Resolution No. 09-076, Appoint a Chairperson of the Board of
Directors of Tax Increment Reinvestment Zone Number One for the 2010 calendar year.
Council appointed Virginia M. Muzyka as the Chairperson. 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, APPOINTING A CHAIRPERSON
OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER
ONE, AND PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 4F. Approve Interlocal Agreement with the Cities of Grapevine and
Colleyville to fund the Metroport Teen Court. A presentation was not made on this item.
Agenda Item No. 4G. Authorize a professional services agreement with Weaver and
Tidwell, L.L.P., for audit services. A presentation was not made on this item.
Agenda Item No. 4H. Resolution No. 08-008A, Rename the Audit Committee to Audit
and Finance Committee. 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 OF SOUTHLAKE, TEXAS, RENAMING THE AUDIT
COMMITTEE TO AUDIT AND FINANCE COMMITTEE, AND PROVIDING AN
EFFECTIVE DATE.
Agenda Item No. 4I. Resolution No. 09-079, Appoint Audit and Finance Committee
members. A presentation was not made on this item. Council agreed to appoint Mayor
Terrell, Mayor Pro Tem Muzyka, and Councilmember Bledsoe to this Committee. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
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A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS
TO THE COMMITTEE, AND PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 4J. Plat Extension request for ZA08-104, Plat Revision for Lots 1-5,
Block 1, Southlake Regional Medical Center being a replat of property currently
described as the remainder of Block 1, Brightbill Addition, and being Tracts 3E1A, 3E1B
and 3E1C, Larkin H. Chivers Survey, Abstract No. 300, and being located at 440 East
Highland Street and 335 East State Highway 114. Current Zoning: S-P-2 - Generalized
Site District. SPIN Neighborhood #11. Request for extension to January 20, 2011. A
presentation was not made on this item.
Agenda Item No. 4K. ZA09-056, Plat Revision for Lots 9R, 10 and 11, A. H. Chivers No.
299 Addition, being a revision of Tract 2C5, A. H. Chivers Survey, Abstract No. 299; and
Lot 9, A. H. Chivers No. 299 Addition, and being located at 1030 and 1080 Primrose
Lane. Current Zoning: SF-20A – Single Family Residential District. SPIN Neighborhood
#3. A presentation was not made on this item.
Motion was made to approve 4A; 4B removing the wording that allowed for the
discussion of a naming or renaming of a park during the executive session and adding
the example of “service to the city” under Section II; 4C; 4D; 4E to appoint Virginia M.
Muzyka as the Chairperson; 4F; 4G; 4H; 4I to appoint Mayor Terrell, Mayor Pro Tem
Muzyka, and Councilmember Bledsoe to the Audit and Finance Committee; 4J; and 4K.
Motion: Muzyka
Second: Muller
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum.
Mayor Terrell opened the public forum.
Joe Kienast, 1518 Main Street, Southlake, Texas suggested that City Council do
something to honor and to show appreciation for Southlake Town Square visionary,
Brian Stebbins.
Mayor Terrell closed the public hearing.
nd
Agenda Item No. 6A. Ordinance No. 962, 2 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.
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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:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FOR
AMENDMENT TO THE ADOPTED MOBILITY AND MASTER THOROUGHFARE PLAN MAP
TO INDICATE THE GENERAL ALIGNMENT AND AMEND THE FUNCTIONAL
CLASSIFICATION OF KIRKWOOD BOULEVARD 800 FEET EAST AND WEST OF THE
CARROLL KIRKWOOD INTERSECTIONAND TO BECOME EFFECTIVE UPON ITS
PASSAGE AND APPROVAL.
No one spoke during the public hearing.
nd
Motion was made to approve Ordinance No. 962, 2 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: Jones
Second: Morris
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
nd
Agenda Item No. 6B. Ordinance No. 480-465b, 2 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. Requested Zoning: S-P-1 - Detailed
Site Plan District. SPIN Neighborhood #9. Planner Schell 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 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 LOT
4, J.W. HALE NO. 803 ADDITION, BEING APPROXIMATELY 1.2 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED
SITE PLAN DISTRICT WITH LIMITED “O-1” OFFICE DISTRICT USES, TO “S-P-1”
DETAILED SITE PLAN DISTRICT WITH LIMITED “O-1” OFFICE DISTRICT USES, AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC
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;
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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. 480-465b, 2 Reading (ZA09-055), Zoning
Change and Site Plan for The Offices at Noble Oaks subject to staff’s presentation;
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 24, 2009.
Motion: Jones
Second: Muzyka
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
st
Agenda Item No. 7A. Ordinance No. 480-549a, 1 Reading (ZA09-059), Zoning Change
and Site Plan for Invitation Park on property being described as Tracts 3B, 3B01 and a
portion of 3D01, Obediah W. Knight Survey, Abstract No. 899 and being located at 821,
825 and 835 East Southlake Boulevard. 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. Applicant Dan Bryson, 6503 Meade,
Colleyville, Texas made a presentation and answered Council’s questions. Marco
Martinez, 215 West College Street, Grapevine, Texas and Nels Nelson, who
represented the owner’s group, also answered Council’s questions.
Council discussed this item and asked questions of the representatives.
Mayor Terrell allowed the public to speak.
Tom Mathews, 2600 East Southlake Boulevard, Southlake, Texas said he has been
working with Zena Rucker and VSS on the road agreement and confirmed that it has
been very good to work with these applicants.
st
Motion was made to approve Ordinance No. 480-549a, 1 Reading (ZA09-059), Zoning
Change and Site Plan for Invitation Park granting the requested variances; subject to
staff’s presentation and the presentation and representations made by the applicant;
subject to and understanding that by the next reading, the applicant has indicated they
will have an agreement in place with Ms. Rucker; stating that the applicant has agreed
to specifically respond to a number of questions and requests made by various City
Councilmembers and understanding that they will have to be accomplished prior to the
second reading and those items will need to be responded to in order to achieve
approval on second reading; and subject to Site Plan Review Summary No. 3, dated
December 10, 2009.
Motion: Jones
Second: Muzyka
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Ayes: Bledsoe, Jones, Muller, Muzyka, Terrell
Nays: Morris
Approved: 5-1
st
Agenda Item No. 7B. Ordinance No. 480-330c, 1 Reading (ZA09-057), Zoning Change
and Site Plan for Dragon Stadium Expansion on property being described as Carroll
ISD No. 6 Addition and being located at 1085 South Kimball Avenue. Current Zoning: S-
P-1 – Detailed Site Plan District. Requested Zoning: S-P-1 – Detailed Site Plan District.
SPIN Neighborhood #8. Planner Schell presented this item to Council. Applicants Dr.
Derek Citty, 3051 Dove Road, Grapevine, Texas; John Blacker, 12801 North Central
Expressway, Dallas, Texas and John Howell, 2500 Wilcrest, Houston, Texas with
Carroll Independent School District answered Council’s questions.
Council discussed this request.
st
Motion was made to approve Ordinance No. 480-330c, 1 Reading (ZA09-057), Zoning
Change and Site Plan for Dragon Stadium Expansion granting the requested variances
but requiring the sidewalk on the west side of Silicon Drive from the existing sidewalk
back to Kimball Avenue to be constructed; subject to the applicant’s presentation; and
subject to Site Plan Review Summary No. 4, dated December 8, 2009.
Motion: Jones
Second: Morris
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Mayor Terrell called for a break at 9:56 p.m. and reconvened the meeting at 10:05 p.m.
st
Agenda Item No. 7C. Ordinance No. 480-558a, 1 Reading (ZA09-063), Zoning Change
and Concept Plan for Harris Methodist Southlake on property being described as Lot
1R, Block 1, Gorbutt Addition and being located at 1545 East Southlake Boulevard.
Current Zoning: S-P-2 – Generalized Site Plan District. Requested Zoning: S-P-2 –
Generalized Site Plan District. SPIN Neighborhood #8. Planner Schell presented this
item to Council. Applicant John Hessler, 1919 McKinney Avenue, Dallas, Texas
answered Council’s questions. Council discussed this item.
st
Motion was made to approve Ordinance No. 480-558a, 1 Reading (ZA09-063), Zoning
Change and Concept Plan for Harris Methodist Southlake subject to Staff Report dated
December 9, 2009.
Motion: Muzyka
Second: Bledsoe
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
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Agenda Item No. 9A. Consider SV09-021, Variance to Sign Ordinance No. 704, as
amended, for Johnson Elementary School located at 1301 North Carroll Avenue.
Director Baker presented this item to Council. Applicant Ray Collins, 2086 Bronco,
Keller, Texas answered Council’s questions. Council discussed this item.
Motion was made to approve SV09-021, Variance to Sign Ordinance No. 704, as
amended, for Johnson Elementary School subject to the applicant’s presentation with
one message per day, which will be a constant message, and will dim at dusk.
Motion: Jones
Second: Muzyka
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Mayor Terrell announced City Council would be going into Executive Session pursuant
to the Texas Government Code, Section 551.074, deliberation regarding personnel
matters. City Council adjourned for Executive Session at 10:25 p.m. Executive Session
began at 10:30 p.m. and ended at 10:35 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at
10:40 p.m. and asked if any action was necessary from Executive Session.
Motion was made to extend the employment contract for the City Secretary to
December 2011 as discussed in Executive Session.
Motion: Muzyka
Second: Jones
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Motion was made to extend the employment contract for the City Manager to December
2011 as discussed in Executive Session.
Motion: Muzyka
Second: Morris
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
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
Secretary’s Office.
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______________________________
John Terrell
Mayor
ATTEST:
______________________________
Lori Payne
City Secretary
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