Item 4A2
REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 16, 2010
LOCATION
:1400 Main Street, Southlake, Texas
City Council Chambers
CITY COUNCIL PRESENT
: Mayor John Terrell, Mayor Pro Tem Virginia M. Muzyka,
Deputy Mayor Pro Tem Laura K. Hill (arrived at 5:51 p.m.), 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, Assistant Director of Finance Sharon Guess, Assistant Director of Finance
Sean Leonard, Purchasing Manager Tim Slifka, 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, 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
Cheryl Taylor, 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 5:35 p.m. in the Executive Conference Room.
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. Council reviewed
the consent agenda items. Item 4Q was removed from the consent agenda and was
placed immediately following 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 5:55 p.m.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 16, 2010
Page 1 of 7
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; and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 5:55 p.m. Executive
Session began at 6:17 p.m. and ended at 7:20 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:34
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. Mayor Pro Tem Hill
discussed the upcoming SPARK meeting.
Agenda Item No. 3B1 Financial Report. City Manager
Yelverton presented this item and also informed Council that the results of the Citizens
Survey
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 2, 2010 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B. Resolution No. 10-011, Call a General Election for May 8, 2010.
(Resolución No. 10-011, convocatoria a las elecciones generales para el 8 de mayo de
2010.) Mayor Terrell presented this item during the work session.
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,
CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 8, 2010 AND
ESTABLISHING PROCEDURES FOR THAT ELECTION; AND PROVIDING AN
EFFECTIVE DATE.
Agenda Item No. 4C. This item was intentionally left blank.
Agenda Item No. 4D. Approve a Right-of-Way Encroachment Agreement on 1816
Shady Oaks Drive. A presentation was not made on this item.
st
Agenda Item No. 4E. Ordinance No. 968, 1 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.A presentation was not made on this item.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 16, 2010
Page 2 of 7
Agenda Item No. 4F. Approve a multi-city Tree Services Contract with Alpine Tree
Service.
session.
Agenda Item No. 4G. This item was intentionally left blank.
Agenda Item No. 4H. This item was intentionally left blank.
Agenda Item No. 4I. This item was intentionally left blank.
Agenda Item No. 4J. This item was intentionally left blank
Agenda Item No. 4K. Approve SPDC Matching Funds request from Roxy Tennis, L.L.P.
in the amount of $40,500 for construction of a sixth tennis court at the Southlake Tennis
Center. A presentation was not made on this item.
Agenda Item No. 4L. Approve SPDC Matching Funds request from Southlake DPS
Citizens Association in the amount of $50,000 for Southlake Safety Town. A
presentation was not made on this item.
Agenda Item No. 4M. Approve the purchase of software licenses to Microsoft
Corporation in the amount of $99,618.54. A presentation was not made on this item.
Agenda Item No. 4N. Variance to the Subdivision Ordinance No. 483, Section 4.01(I)(2)
(Plat Expiration) and Section 4.01(I)(3) (Plat Extension), as amended, extending the
validity ofcase No. ZA09-001, Lot 8, A. H. Chivers No. 299 Addition.Current Zoning: S-
P-1 Detailed Site Plan District. SPIN Neighborhood #3. A presentation was not made on
this item.
Agenda Item No. 4O. ZA09-077, Plat Showing for Lots 31 and 32, Francis Throop
Survey No. 1511 Addition on property being described as Tract 3A1F3, Francis Throop
Survey, Abstract No. 1511 and being located at 1810 North Sunshine Lane. Current
Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #4. Director
Baker answered questions on this item during the work session. Council granted the
requested variance to the Subdivision Ordinance allowing for the installation of
sidewalk along Sunshine Lane and not providing a sidewalk along Shumaker Lane, and
their approval was subject to Plat Review Summary No. 2, dated January 29, 2010.
st
Agenda Item No. 4P. 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. The
applicant requested to table this item to the March 2, 2010 City Council meeting.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 16, 2010
Page 3 of 7
Council discussed the repetitive tabling of this item during the work session. City
Attorney Taylor answered questions about the tabling process during the work session.
nd
Agenda Item No. 4Q. Ordinance No. 480-549a, 2 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. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #8.The applicant requested to table this item to the April 6, 2010 City
Council meeting, but Council removed this item from the consent agenda during the
work session and it was discussed separately.
Motion was made to approve consent agenda items 4A; 4B; 4D; 4E; 4F; 4K; 4L; 4M;
4N; 4O granting the requested variance to the Subdivision Ordinance allowing for the
walk along Sunshine Lane and not providing a sidewalk along
Shumaker Lane and subject to Plat Review Summary No. 2, dated January 29, 2010;
and to table 4P to the March 2, 2010 City Council meeting.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Council discussed item 4Q next.
nd
Agenda Item No. 4Q. Ordinance No. 480-549a, 2 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. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #8.The Mayor said the applicant has requested to table this item to the
April 6, 2010 City Council meeting. Council discussed the tabling of and the process for
this agenda item.
Mayor Terrell read through the comment cards of the audience members who did not
wish to speak but wanted to record their opposition:
Amy Archambeau, 810 Pearl Drive, Southlake, Texas;
Denise and John Crane, 1302 Forest Hills Court, Southlake, Texas;
Maura Gardner, 401 Wickham Lane, Southlake, Texas;
Ronda Kim Kempler, 806 Ownby Lane, Southlake, Texas;
Tricia Koppersmith, 875 Lake Wood, Southlake, Texas;
Frances Nimphius, 1050 Lakewood Drive, Southlake, Texas;
Shirley Petras, 808 Pearl Drive, Southlake, Texas;
Matt Schirle, 1512 Main Street, Southlake,
Sandy and Steve Sullivan, 811 Ownby Lane, Southlake, Texas;
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 16, 2010
Page 4 of 7
Catherine Vollmer, 711 Malton Lane, Southlake, Texas; and,
Joanne and Mark Wright, 700 Malton Lane, Southlake, Texas.
Richard Sandow, 1750 Sleepy Hollow Trail, Southlake, Texas spoke in opposition to
this item.
Jennifer Myers, 801 Cross Lane, Southlake, Texas spoke in opposition.
Ann Davis, 308 Foxborough, Southlake, Texas spoke in opposition.
Jon McPike, 904 Emerald Boulevard, Southlake, Texas spoke in opposition.
Laurie English, 904 Emerald Boulevard, Southlake, Texas spoke in opposition.
Dan McCabe, 1304 Westmont Court, Southlake, Texas spoke in opposition.
Ann Making, 802 Cross Lane, Southlake, Texas spoke in opposition.
Kim Sehanie, 1734 Tuscan Ridge Circle, Southlake, Texas spoke in opposition.
Doug Spitler spoke in opposition.
Paul Venesky spoke in opposition.
Andrea Brankin spoke in opposition.
Vic Awtry, 775 Lakewood, Southlake, Texas discussed the SPIN process and the
notification process.
nd
Motion was made to table Ordinance No. 480-549a, 2 Reading (ZA09-059), Zoning
Change and Site Plan for Invitation Park to the April 6, 2010 City Council meeting.
Motion: Jones
Second: Hill
Ayes: Bledsoe, Hill, Jones, Muller, Muzyka, Terrell
Nays: Morris
Approved: 6-1
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke during the public forum.
Mayor Terrell called for a break at 9:22 p.m. and reconvened the meeting at 9:42 p.m.
Councilmember Jones had to leave the meeting at 9:22 p.m.
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 16, 2010
Page 5 of 7
Mayor Terrell read comment cards from people that had wanted to speak during the
public forum but had to leave prior to that item. The following people wanted to record
their support for a skate park being located in Southlake:
Alex Diamond, 2144 Brookgate Drive, Southlake, Texas;
Ryan Dykstra, 807 Potomac Place, Southlake, Texas;
Myles Ellis, 1222 Wyndham Hill Lane, Southlake, Texas;
Scott Patrick Leh, 1003 Southlake Hills Drive, Southlake, Texas;
Reid Mayfield, 500 North Dove, Southlake, Texas;
Spencer Merryman, 613 Winding Creek Court, Southlake, Texas; and,
Garrett and Scot Tornow, 907 Hidden Meadow Court, Southlake, Texas.
Agenda Item No. 6A. This item was intentionally left blank.
Agenda Item No. 6B. ZA10-004, Site Plan for Taco Bueno #3126 on property being
described as Lot 3, Block 1, Perry/Allen Addition and being located at 2305 East
Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN
Neighborhood #8. Director Baker presented this item to Council in conjunction with item
6C. Applicant Jeff Wohead ans Council discussed this item.
No one spoke during the public hearing.
Motion was made to approve ZA10-004, Site Plan for Taco Bueno #3126 with
renderings as presented and noting
with 6-inch caliper cathedral live oaks trees at both locations.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6C. Consider SV10-002, Variance to Sign Ordinance No. 704, as
amended, for Taco Bueno located at 2305 East Southlake Boulevard. Director Baker
presented this item to Council in conjunction with item 6B. Applicant Jeff Wohead
answered Counci Council discussed this item.
Motion was made to approve SV10-002, Variance to Sign Ordinance No. 704, as
amended, for Taco Bueno granting the requested variances on the north side façade
signage and the west side façade signage; granting the variance on the monument sign
with a 4-foot base and 4-foot sign face; also, noting that the applicant has agreed to
landscape in front and in back of the monument sign and that there will be no signage in
the windows on the north side which faces F.M. 1709.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 16, 2010
Page 6 of 7
Approved: 6-0
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 10:30
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, FEBRUARY 16, 2010
Page 7 of 7