2010-03-02
CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: MARCH 2, 2010
LOCATION: 1400 Main Street, Southlake, Texas
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Virginia M. Muzyka,
Deputy Mayor Pro Tern 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, Assistant Director of Finance Sean Leonard,
Interim Director of Human Resources 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, 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. in the Executive Conference Room.
Agenda Item No. 2. Invocation. Chaplain of the Month, Clayton Reed, gave the
invocation. Mayor Terrell led the pledge of allegiance.
Agenda Item No. 3. Presentation by the Southlake Chamber of Commerce recognizing
2009 Chamber award recipients. Director Last introduced Pat Staudt from Bank of
Texas who recognized the recent 2009 Chamber award recipients on behalf of the
Chamber.
Agenda Item No. 4. Multipurpose Facility Feasibility Study. Director Tribble presented
this item and answered Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 2, 2010
Page 1 of 8
Council discussed this item.
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 6:15 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 6:15 p.m. Executive Session began at 6:32 p.m. and
ended at 7:36 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:46
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
Agenda Item No. W. Mayor's Report - Update of upcoming meetings and events.
Mayor Terrell announced upcoming meetings and events.
Agenda Item No. 3B1. City Manager's Report. City Manager Yelverton reported on the
city's recent win of the Distinguished Budget Presentation Award from the Government
Finance Officers Association of the United States and Canada. Next, she reported on
and displayed photos of recent sidewalk projects. Lastly, she reported on the city's
recent win of the Planning Excellence Award from the Building Officials Association of
Texas.
Agenda Item No. 3C. Local Business Report. Director Last introduced Elizabeth Thane,
owner of LePopcorn and Candy, who introduced her local business to Council.
Agenda Item No. 3D. Parks and Recreation Board Report. A written report was included
in Council's packet.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. The Mayor read the consent agenda items.
Agenda Item No. 4A. Approve minutes from the February 8, 2010 Strategic Session
with City Council and from the February 16, 2010 regular City Council meeting. The
minutes were approved as presented.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 2, 2010
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Agenda Item No. 4B. Cancel or reschedule the March 16, 2010 City Council meeting.
Council agreed to cancel the March 16, 2010 City Council meeting.
Agenda Item No. 4C. Approve an int_erlocal agreement with Tarrant County for the
reconstruction of North Carroll Avenue from State Highway 114 to Dove Road. A
presentation was not made this item.
Agenda Item No. 4D. This item was intentionally left blank.
Agenda Item No. 4E. Approve the renewal of a Facilities Utilization Agreement with
Southlake Baseball Association (SBA). A presentation was not made this item.
Agenda Item No. 4F. Approve the renewal of a Facilities Utilization Agreement with
Grapevine Southlake Soccer Association (GSSA). A presentation was not made this
item.
Agenda Item No. 4G. Approve the renewal of a Facilities Utilization Agreement with
Southlake Girls Softball Association (SGSA). A presentation was not made this item.
Agenda Item No. 4H. Approve the renewal of a Facilities Utilization Agreement with
Southlake Carroll Lacrosse Association (SCLA). A presentation was not made this item.
Agenda Item No. 41. Approve the Policy Ordinance Review Committee revisions to the
Senior Advisory Commission Bylaws. A presentation was not made this item.
Agenda Item No. 4J. Approve the Policy Ordinance Review Committee revisions to the
Southlake Youth Action Committee Bylaws. A presentation was not made this item.
Agenda Item No. 4K. Approve the Policy Ordinance Review Committee revisions to the
Parks and Recreation Board Bylaws. A presentation was not made this item.
Agenda Item No. 4L. Approve the Policy Ordinance Review Committee revisions to the
Community Services Department Matching Funds Policy. A presentation was not made
this item.
Agenda Item No. 4M. Approve the Policy Ordinance Review Committee revisions to the
Parks Board Absences Policy. A presentation was not made this item.
Agenda Item No. 4N. Approve the Policy Ordinance Review Committee revisions to the
Park Use Policy. A presentation was not made this item.
Agenda Item No. 40. Approve the Policy Ordinance Review Committee revisions to the
General Operating Policies for Tennis Courts. A presentation was not made this item.
Agenda Item No. 4P. Ordinance No. 969, 1s' Readinq, Approve the Policy Ordinance
Review Committee revisions to Chapter 2 of the City Code regarding Senior Advisory
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 2, 2010
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Committee and Southlake Youth Action Committee. A presentation was not made this
item.
Agenda Item No. 4Q. Ordinance No. 970, 1St Reading, Approve the Policy Ordinance
Review Committee revisions to Chapter 12 of the City Code regarding Parks and
Recreation. A presentation was not made this item.
Agenda Item No. 4R. Approve the Facility Use Policy. A presentation was not made
this item.
Agenda Item No. 4S. Consider SV10-003, Variance to the Southlake Town Square
Conditional Siqn Permit for Terrace Retreat Med Spa located at 1422 Main Street, Suite
213. A presentation was not made this item.
Agenda Item No. 4T. Approve the 2010 Community Events Participation Agreement
with the Southlake Women's Club for Art In The Square event. A presentation was not
made this item.
Agenda Item No. 4U. Ordinance No. 480-588 (ZA09-017), 1St Reading, Zoninq 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 Zoninq: SF-1A Single-Family Residential District.
Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. This item
was tabled to the June 1, 2010 City Council meeting.
Agenda Item No. 4V. Ordinance No. 480-591 (ZA09-069), 1St Reading, Zoninq Change
and Site Plan for the City of Southlake Department of Public Safety North Training
Facility on property being described as Tract 1 F2 and a portion of Tract 1 F, Joel W.
Chivers Survey Abstract No. 350, and being located at 160 East Dove Road and 2395
North White Chapel Boulevard. Current Zoning: SF-1A Single Family Residential
District. Requested Zoning: S-P-1 Detailed Site Plan District with CS Community
Service District uses to include an indoor firing range as a permitted accessory use.
SPIN Neighborhood #2. This item was tabled to the April 20, 2010 City Council meeting.
Agenda Item No. 4W. Ordinance No. 480-592 (ZA10-011), 1St Reading, Zoning Change
and Site Plan for the City of Southlake North Park on property being described as a
portion of Tract 1 F, Joel W. Chivers Survey, Abstract No. 350, and being located at 160
East Dove Road. Current Zoning: SF-1A - Single Family Residential District. Proposed
Zoning: CS - Community Service District. SPIN Neighborhood #2. This item was tabled
to the April 20, 2010 City Council meeting.
Agenda Item No. 7A. Ordinance No. 480-593 (ZA09-075), 1St Reading, Zoning Change
and Development Plan for Shady Oaks subdivision on property being described as
Tract 11 D and portions of Tracts 11 and 11 D1, Thomas M. Hood Survey, Abstract No.
706, and a portion of Lot CA2 and Lots CA3, CA4, CA5, CA6, CA7, CA8, CA9, CA10,
CA11, CA12, and CA 13, Shady Oaks Phase 1A, being located at 800, 820 and 1020
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Shady Oaks Drive and 600, 601, 620, 640, 700, 701, 750, 800, 801, 850, 900, 901
Sherwood Drive and beinq approximately 35.662 acres. Current Zoning: SF-20A Single-
Family Residential District. Requested Zoning: RPUD Residential Planned Unit
Development District. SPIN Neighborhood #6. The Mayor stated that the applicant for
item 7A wishes to table this item. Applicant Paul Spain requested to table this item
indefinitely to allow time to address neighbors' questions prior to coming back to
Council. Director Baker stated that staff would readvertise this item and renotify
surrounding property owners when this item comes back for consideration.
Motion was made to approve consent agenda items 4A; 4B to cancel the March 16,
2010 City Council meeting; 4C; 4E; 4F; 4G; 4H; 41; 4J; 4K; 4L; 4M; 4N; 40; 4P; 4Q; 4R;
4S; 4T; to table item 4U to the June 1, 2010 City Council meeting; to table item 4V to
the April 20, 2010 City Council meeting; to table item 4W to the April 20, 2010 City
Council meeting; and to table item 7A indefinitely.
Motion: Muzyka
Second: Jones
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 the public forum.
Agenda Item No. 6A. Resolution No. 10-012, (ZA10-005) Specific Use Permit for a
Mass Gathering for Oktoberfest on property being described as Phase I-IV, Southlake
Town Square and being located between East Southlake Boulevard, East State
Highway 114 and North Carroll Avenue. Current Zoning: DT Downtown District. SPIN
Neighborhood #8. Planner Schell presented this item to Council. Representatives from
the Chamber of Commerce, Jill Johnson and Pat Staudt, answered Council's questions.
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 FOR
OKTOBERFEST LOCATED BETWEEN EAST SOUTHLAKE BOULEVARD, EAST
STATE HIGHWAY 114 AND NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS,
BEING DESCRIBED AS PHASE I-IV, SOUTHLAKE TOWN SQUARE, MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 2, 2010
Page 5 of 8
Motion was made to approve Resolution No. 10-012, (ZA10-005) Specific Use Permit
for a Mass Gathering for Oktoberfest as presented and subject to the conditions as
stated by the Mayor [granting the approval for three years so long as the event remains
the same scope, and to allow the plan to be submitted each year to be approved
administratively by the staff].
Motion: Jones
Second: Muzyka
Ayes: Bledsoe, Jones, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 6B. Approve the 2010 Community Events Participation Agreement
with the Southlake Chamber of Commerce for Oktoberfest event. Marketing and
Tourism Coordinator Cherry presented this item to Council.
Motion was made to approve the 2010 Community Events Participation Agreement with
the Southlake Chamber of Commerce for the Oktoberfest event as presented.
Motion: Jones
Second: Muzyka
Ayes: Bledsoe, Jones, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 6C. Resolution No. 10-013, (ZA09-066), Specific Use Permit for
y
carports for non-residential property for Construction Management Advisors on propert
being described as Lot 4R7R1, Green Meadow Subdivision, and being located at 2250
East Continental Boulevard. Current Zoning: 11 Light Industrial District. SPIN
Neighborhood #8. Councilmember Bledsoe recused himself from this item and left the
Chambers. Planner Schell presented this item to Council. Applicant Mark Stahl, 511
Yaupon Drive, Dallas, Texas answered Council's questions.
Council discussed this request.
After discussion, Mr. Stahl asked to the table this item to the April 6, 2010 meeting to
allow him time to address Council's concerns.
Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell said the public
hearing will be continued until the April 6, 2010 meeting.
Motion was made to table Resolution No. 10-013, (ZA09-066), Specific Use Permit for
carports for non-residential property for Construction Management Advisors to the April
6, 2010 City Council meeting and continuing the public hearing to that date and
requiring the applicant's resubmission of the landscape plan and location of the carports
by March 26, 2010.
Motion: Muzyka
Second: Muller
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 2, 2010
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Ayes: Jones, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Councilmember Bledsoe rejoined the meeting.
Agenda Item No. 6D. Ordinance No. 968, 2nd Reading, Adopt an ordinance to dedicate
street right-of-way from City-owned property at the southeast corner of Dove Road and
North White Chapel Boulevard for the purpose of constructing future street
improvements. Director Price presented this item to Council and answered Council's
questions.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE DEDICATING PERMANENT STREET RIGHT-OF-WAY FROM CITY
OWNED PROPERTY AT THE SOUTHEAST CORNER OF DOVE ROAD AND NORTH
WHITE CHAPEL BOULEVARD DESCRIBED AS LOT 1A, BLOCK1, AMAYA
ADDITION IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING
THAT SUCH RIGHT-OF-WAY IS NECESSARY FOR USE BY THE PUBLIC;
AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT-OF-WAY DEDICATION
DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 968, 2nd Reading, Adopt an ordinance to
dedicate street right-of-way from City-owned property at the southeast corner of Dove
Road and North White Chapel Boulevard for the purpose of constructing future street
improvements.
Motion: Muzyka
Second: Muller
Ayes: Bledsoe, Jones, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 9A. Consider SV10-004, Variance to Siqn Ordinance No. 704, as
amended, for Dickey's Barbegue Pit located at 260 North Kimball Avenue. Director
Baker presented this item to Council. Applicant Lauren Parker, 2802 Carroll Avenue,
Dallas, Texas made a presentation and answered Council's questions.
Council discussed this request.
Motion was made to deny SV10-004, Variance to Sign Ordinance No. 704, as
amended, for Dickey's Barbeque Pit located at 260 North Kimball Avenue.
Motion: Muzyka
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Page 7 of 8
Second: Muller
Ayes: Bledsoe, Jones, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0 (to deny)
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 8:59 p.m. Executive Session
began at 9:07 p.m. and ended at 9:17 p.m.
Mayor Terrell reconvened the meeting at 9:18 p.m.
Agenda Item No. 11. Meetinq adjourned. Mayor Terrell adjourned the meeting at 9.19
p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
John Terrell
Mayor
ATTEST: ee~e~~a
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Lori Payne ;
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 2, 2010
Page 8 of 8
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF (-a h+ §
I, vn 5 ° as a member of the
c of the City
of Southlake, make this affidavit and hereby on oath state the llowing: I, my spouse, and/or a
person or persons related to me within the first degree of consanguinity or affinity, have a substantial
interest in a business entity or real property as defined in Chapter 171, Texas Local Government
Code, and/or City of Southlake No. 635-A and a vote is to be taken or a decision is to be made that
will have a special economic effect on this business entity or real property.
The agenda item affecting this business entity or real property is: ~h 0, C
COMPLETE (A) or (B): (A) The business entity is 4, or, ~kA P// (name); or
(B) The real property is located at:
I have a substantial interest because I, my spouse, and/or a person or persons related to me within the
first degree of consanguinity or affinity have the following relationship to the business entity or real
property which will likely be affected by the vote on the above-referenced agenda item: (check all
which are applicable)
Ownership of 10% or more of the voting stock or shares of the business entity.
Ownership of 10% or more or $5,000 or more of the fair market value of the business
entity.
Funds received from the business entity exceed 10% of gross income for the previous year.
Hold a position of member of the board of directors or other governing board of the
business entity.
Serve as an elected officer of the business entity.
An employee of the business entity.
Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars
($5,000.00) or more.
Property of the person has been pledged to the business entity or is subject to a lien in favor
of the business entity in the amount of five thousand dollars ($5,000.00) or more.
Have an equitable or legal ownership of real property with a fair market value of at least
$2,500.00.
V' )
Other: ~V,)7 1p ~l(h j US~r~Q1S ~~Bt l~C-Y)
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any
decision and from any further participation by discussion or debate regarding the above-referenced
agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start
of the meeting at which the agenda item in question is being addressed or as soon as practicable once
I realized a potential conflict exists. J
O .
Signed this _'L day of 120
Signature of Official
The State of T ~t-5 §
County of 7A_ r, yl~ §
Befo e me lil on this day personally appeared
p'? known to me (or proved to me on the oath of
® ) or through (description of identity card or other
document) to be the person whose name is subscribed to the foregoing instrument and stated that the
statements made in this affidavit are within his personal knowledge and true and correct.
Given under my hand and seal of office this 2,~ day of VI/I ar c -
2C~ I 0 .
(SEAL) \.UR1 PA),~~~~i, - n
z n = Notary Public in and r the State of Texas
~r9j6 OF