Item 4A
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 6, 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 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 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, Construction Manager Peter Kao, Director of Economic Development Greg
Last, Assistant Director of Finance Sean Leonard, Interim Director of Human Resources
Stacey Black, Director of Information Technology Dale Dean, Information SQL
Database Administrator Sam Cobb, Director of Planning and Development Services
Ken Baker, Planner II Clayton Comstock, Planner I Daniel Cortez, Chief Building Official
Paul Ward, Building Inspections Supervisor Eddie Wilson, Building Inspector John
Lesinski, Building Inspector Michael White, Plans Examiner Chuck Bloomberg, Plans
Examiner Skip Vandergrifft, Chief of Fire Services Mike Starr, Deputy Chief of Fire
Services Bryan Thomas, Lieutenant Michael Leonard, Lieutenant Shawn Fannan,
Lieutenant Wade Carroll, Engineer Ryan Sessums, Engineer Tony Peyton, Fire Fighter
Kelly Clements, Fire Fighter Trey Porter, Fire Fighter Jeffrey Vogel, Fire Fighter Randy
Mudd, Fire Fighter Shane Freeman, Fire Fighter John Ard, Fire Fighter Matthew Stacy,
Fire Fighter Randy Potter, Fire Fighter Scot Dymond, Chief of Police Services Robert
Finn, Director of Public Works Robert Price, Deputy Director of Public Works Gordon
Mayer, Civil Engineer Michael James, Civil Engineer Michelle McCullough, 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 Terrell
at 5:32 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Clayton Reed, gave the
invocation. Mayor Terrell led the pledge of allegiance.
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Agenda Item No. 3. Recognition of the Southlake Department of Public Safety, Fire
Services Division, for receipt of Accreditation status. Mayor Terrell introduced this item
and thanked the Fire Services staff members for their hard work on accreditation. He
presented those members in attendance with a letter of appreciation.
Agenda Item No. 4. Presentation to Chief Robert P. Steele (Retired) thanking him for his
service. Chief Finn and Chief Starr presented this item to Retired Chief Steele and
thanked him for his many years of service to the city.
Agenda Item No. 5. Building Services Award, Proclamation and proposed Safety
Program. Mayor Terrell introduced Scott McDonald who discussed the Building Officials
Association of Texas (BOAT) Building Services Award. Chairman of the BOAT Awards
Committee, Lawrence Crow, presented the award to members of the Building Services
staff.
Mayor Terrell presented a proclamation for Building Safety Month to members of the
Building Services staff and thanked them for their service to the city.
Director Baker presented information on an initiative to promote pool and backyard
safety and discussed the upcoming Building Safety Day on May 22, 2010.
Agenda Item No. 6. Discuss Twin Creeks Neighborhood Sewer Program Project.
Director Price presented this item and answered Council
m. He read a comment card from
John Baldwin, 1700 Creekside Drive, Southlake, Texas who did not wish to speak but
wanted to record his opposition to this item.
Peter E. Austin, 1658 Creekside Drive, Southlake, Texas spoke in opposition.
Brad Bradley, 1657 Creekside Drive, Southlake, Texas spoke in opposition.
Bill Zimmerman, 1656 Creekside Drive, Southlake, Texas spoke in opposition.
Rickey McPherson, 1900 Dove Road, Southlake, Texas spoke in support.
Donnie Ward, 2199 East Dove Road, Southlake, Texas spoke in support.
Harold Long, 2000 East Dove Road, Southlake, Texas spoke in support.
Alma Williams, 2000 and 2023 East Dove Road, Southlake, Texas spoke in support.
Council discussed this item. Director Price answered their questions. City Manager
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Agenda Item No. 7. 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 7:17 p.m.
Due to the length of the work session tonight, Mayor Terrell stated that the Arts Council
Report and the Historical Society Report would be heard next.
Agenda Item No. 3C. Arts Council Report. Jeff Walters presented this item to Council.
Agenda Item No. 3D. Historical Society Report. Connie Cooley presented this item to
Council and introduced Barbara Gordon for her role in the incorporation of Southlake.
Ms. Gordon was the first City Secretary of Southlake.
Mayor Terrell presented a proclamation to Ms. Cooley, Lou Ann Heath and Anita
Robeson.
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 7:27 p.m. Executive Session began at 7:47 p.m. and
ended at 8:42 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:54
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.
eport - Kiwanis 5K Run for the Kids. The Mayor
announced this upcoming event to be held on Saturday, May 8, 2010 from 7:30 a.m. to
11:00 a.m. in Southlake Town Square.
The local business report was presented next.
Agenda Item No. 3E. Local Business Report. Director Last introduced Michael Malouf
and John Malouf, a new local business, , who presented information
on their business to Council.
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Agenda Item No. 3B1 Employee Banquet award winners. City
Manager Yelverton read the names of recent award recipients at the Employee Banquet
held on March 5, 2010.
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 4A. Approve minutes from the March 2, 2010 regular City Council meeting
and from the March 29, 2010 special City Council meeting. The minutes were approved
as presented.
Agenda Item No. 4B. Resolution No. 10-011A, Amend Resolution No. 10-011, which
called for a General Election to be held May 8, 2010, by approving contracts for election
services with Tarrant County Elections Administration and Denton County Elections
Administration. (Resolución Nº 10-011A, enmienda a la Resolución Nº 10-011, que
convocó a las Elecciones Generales del 8 de mayo del 2010, mediante la aprobación
de contratos de servicios electorales con la Administración Electoral del Condado de
Tarrant y la Administración Electoral del Condado de Denton.) 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 COUNCIL OF THE CITY OF SOUTHLAKE TEXAS
CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 8 2010 APPROVING
CONTRACTS FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS
ADMINISTRATION AND DENTON COUNTY ELECTIONS ADMINISTRATION
ESTABLISHING PROCEDURES FOR THE ELECTION AND PROVIDING AN
EFFECTIVE DATE
Agenda Item No. 4C. Resolution No. 10-016, Authorize the city attorney to bring
condemnation action for the purpose of obtaining street right-of-way for the purpose of
construction and maintenance of North Kimball Avenue located in the S. Freemen
Survey, Abstract No. 525, located at 603 North Kimball Avenue. 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 AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF
OBTAINING A RIGHT OF WAY FOR THE PURPOSE OF CONSTRUCTION AND
MAINTENANCE OF ROADWAY IMPROVEMENTS OR FOR OTHER PUBLIC
PURPOSES PERMITTED BY LAW
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Agenda Item No. 4D. Resolution No. 10-017, Authorize the city attorney to bring
condemnation action for the purpose of obtaining street right-of-way for the purpose of
construction and maintenance of North Kimball Avenue located in Lot 5, Block 1, Mesco
Addition, located at 2150 East State Highway 114. 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 AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF
OBTAINING A RIGHT OF WAY FOR THE PURPOSE OF CONSTRUCTION AND
MAINTENANCE OF ROADWAY IMPROVEMENTS OR FOR OTHER PUBLIC
PURPOSES PERMITTED BY LAW
Agenda Item No. 4E. Approve Change Order No. 3 with Quality Excavation, Ltd. for unit
1 reconciliation and unit 2 revised construction phasing in the amount of $195,081.13
for the Dove Road intersection and drainage improvement project. A presentation was
not made on this item.
Agenda Item No. 4F. Approve an annual software support and maintenance agreement
to Tyler Technologies in the amount of $63,941. A presentation was not made on this
item.
Agenda Item No. 4G. Approve renewal of and amendment to contract with American
Landscape Systems for landscape maintenance services in the amount of $95,445. A
presentation was not made on this item.
Agenda Item No. 4H. Approve renewal of and amendment to contracts with TruGreen
LandCare for landscape maintenance services in the amount of $145,865.26. A
presentation was not made on this item.
Agenda Item No. 4I. Consider SV10-006, Variance to Sign Ordinance No. 704, as
amended, for City of Southlake Green Revolution at Bob Jones Nature Center located
at 355 East Bob Jones Road. A presentation was not made on this item.
Agenda Item No. 4J. Approve a consulting agreement with TIP Strategies, Inc. in the
amount of $75,000 for preparation of an Economic Development and Tourism Strategic
Plan, an element of the Southlake 2030 Plan. Director Last and City Manager Yelverton
st
Agenda Item No. 4K. Ordinance No. 972, 1 Reading, Authorizing the issuance of Tax
and Sewer Revenue Certificates of Obligation, Series 2010. This item and the public
hearing were tabled to the April 20, 2010 City Council meeting.
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Agenda Item No. 4L. Resolution No. 10-013 (ZA09-066), Specific Use Permit for
Carports for Non-Residential Property for Construction Management Advisors on
property being described as Lot 4R7R1, Green Meadow Subdivision, and being located
at 2250 East Continental Boulevard. Current Zoning: I1 Light Industrial District. SPIN
Neighborhood #8. The applicant requested to table this item to the April 20, 2010 City
Council meeting.
nd
Agenda Item No. 4M. Ordinance No. 480-549a, (ZA09-059), 2 Reading, 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-1Detailed
Site Plan District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #8. This item was withdrawn by the applicant.
Agenda Item No. 4N. 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 indefinitely.
st
Agenda Item No. 7D. Ordinance No. 967, 1 Reading, Southlake 2030 Wayfinding Sign
System Plan. A presentation was not made on this item.
Agenda Item No. 9B. Consider termination of the contract with Municipal Construction,
Inc. for Highland Street Paving and Water System Improvements. This item was tabled
indefinitely.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; 4H; 4I;
4J; to table item 4K to the April 20, 2010 City Council meeting; to table item 4L to the
April 20, 2010 City Council meeting as requested by the applicant; to withdraw item 4M
as requested by the applicant; to table item 4N indefinitely as requested by the
applicant; to approve item 7D; and to table item 9B indefinitely.
Motion: Muzyka
Second: Hill
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum.
Dianne Dorman, 100 Ascot Drive, Southlake, Texas spoke to the City Council about her
concerns regarding issues within the Department of Public Safety.
Mayor Terrell closed the public forum.
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nd
Agenda Item No. 6A. Ordinance No. 969, 2 Reading, Approve the Policy Ordinance
Review Committee revisions to Chapter 2 of the City Code regarding Senior Advisory
Commission and Southlake Youth Action Commission. Director Tribble presented items
6A and 6B simultaneously 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 OF SOUTHLAKE, TEXAS, AMENDING THE CODE
OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, BY
AMENDING CHAPTER 2, ARTICLE V, DIVI
TO AMEND COMMISSION QUALIFICATIONS, TO DESIGNATE THE LENGTH OF
COMMISSION TERMS, TO AUTHORIZE THE CITY COUNCIL TO REMOVE
MEMBERS, AND TO AMEND COMMISSION DUTIES; BY AMENDING CHAPTER 2,
NUMBER OF MEETINGS, TO AMEND THE BY-LAWS, AND TO AMEND
COMMISSION DUTIES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
nd
Motion was made to approve Ordinance No. 969, 2 Reading, Approve the Policy
Ordinance Review Committee revisions to Chapter 2 of the City Code regarding the
Senior Advisory Commission and the Southlake Youth Action Commission.
Motion: Hill
Second: Jones
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
nd
Agenda Item No. 6B. Ordinance No. 970, 2 Reading, Approve the Policy Ordinance
Review Committee revisions to Chapter 12 of the City Code regarding Parks and
Recreation. Director Tribble presented items 6A and 6B simultaneously 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 OF SOUTHLAKE, TEXAS, AMENDING THE CODE
OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, BY
DEFINITIONS, TO AUTHORIZE THE DIRECTOR OF COMMUNITY SERVICES TO
ISSUE SPECIAL PERMITS OR GRANT VARIANCES, TO AMEND CERTAIN DUTIES
OF THE BOARD, AND TO REPEAL PROVISIONS RELATED TO SPEED LIMITS ON
CITY PARK ROADS AND SIGN POSTING REQUIREMENTS; REPEALING THE
YOUTH PARK AND RECREATION BOARD; REPEALING RECREATION
PROGRAMS FOR ELEMENTARY-AGE CHILDREN; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
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SEVERABILITY CLAUSE; PROVIDING FOR PENALTIES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
nd
Motion was made to approve Ordinance No. 970, 2 Reading, Approve the Policy
Ordinance Review Committee revisions to Chapter 12 of the City Code regarding Parks
and Recreation.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
st
Agenda Item No. 7A. Ordinance No. 480-500a (ZA10-008), 1 Reading, Zoning Change
and Site Plan for Miron Grove Office Park on property being described as Block 1, Lot
4R1, Miron Subdivision and being located at 300 Miron Drive. Current Zoning: S-P-2
Generalized Site Plan District. Proposed Zoning: S-P-2 Generalized Site Plan District.
SPIN Neighborhood # 8. Planner Comstock presented this item to Council. Applicants
Tina Larsen, 633 Sorita Circle, Heath, Texas and Mark Hood, 1545 East Southlake
Boulevard, Southlake, Texas
Mayor Terrell allowed the public to speak.
Randall McCauley, 2805 Carrick Court, Southlake, Texas did not wish to speak but
recorded his support of this item.
st
Motion was made to approve Ordinance No. 480-500a (ZA10-008), 1 Reading, Zoning
Change and Site Plan for Miron Grove Office Park.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
st
Agenda Item No. 7B. Ordinance No. 480-593 (ZA09-075), 1 Reading, Zoning Change
and Development Plan for Shady Oaks subdivision on property being described as
Tract 11D and portions of Tracts 11 and 11D1, 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, and being located at 800, 820 and
1020 Shady Oaks Drive and 600, 601, 620, 640, 700, 701, 750, 800, 801, 850, 900, 901
Sherwood Drive, and being approximately 35.662 acres. Current Zoning: SF-20A
Single-Family Residential District. Requested Zoning: RPUD Residential Planned Unit
Development District. SPIN Neighborhood #6. Planner Comstock presented this item to
Council. Applicants Kosse Maykus, 608 Chapel Court, Southlake, Texas and Paul
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Spain, 2200 Estes Park Drive, Southlake, Texas presented this item to Council and
.
Mayor Terrell read a comment card from Tina Wasserman, 520 West Highland Street,
Southlake, Texas who did not wish to speak but recorded her support of this item.
Council discussed this item.
st
Motion was made to approve Ordinance No. 480-593 (ZA09-075), 1 Reading, Zoning
Change and Development Plan for Shady Oaks subdivision referencing the R-PUD
regulations as presented and subject to Development Review Plan No. 3, dated
February 24, 2010.
Motion: Hill
Second: Jones
Ayes: Bledsoe, Hill, Jones, Morris, Muzyka, Terrell
Nays: Muller
Approved: 6-1
Councilmember Bledsoe stated he would like to see current demographic information
on the schools.
Mayor Terrell called for a break at 10:19 p.m. and reconvened the meeting at 10:32
p.m.
st
Agenda Item No. 7C. Ordinance No. 480-594 (ZA10-001), 1 Reading, Zoning Change
and Site Plan for a new Carroll ISD elementary school on property being described as
Lots 1 and 2, Stanford Place Addition and being located at 2520 and 2530 North White
Chapel Boulevard. Current Zoning: SF-1A Single Family Residential District. Requested
Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #1. Director Baker
Mayor Terrell asked City Attorney Sralla to clarify the subject of a super-majority
requirement on this item. Mr. Sralla stated that a normal super-majority requirement
does not apply on this property since it is owned by the school district. He stated,
however, the city does have the ability to impose its normal development regulations
and those would include things such as setback, materials, design, landscape,
screening and bufferyards.
Applicants John Haugen, John Blacker, Shane Garthoff and Jeff Whitaker presented
Mayor Terrell allowed the public to speak.
John Klopfer, 413 Orchard Hill Drive, Southlake, Texas spoke in opposition to this item.
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Bryan Fleming, 521 Round Hollow Lane, Southlake, Texas spoke in opposition to this
item.
Doug Harsy, 2804 Tyler Street, Southlake, Texas spoke in opposition to this item.
Roger Sanford, 200 Stockton Drive, Southlake, Texas spoke in opposition to this item.
Corey Sanford, 200 Stockton Drive, Southlake, Texas spoke in opposition to this item.
Gabriella Miller, 405 Orchard Hill Drive, Southlake, Texas spoke in opposition to this
item.
The following citizens did not wish to speak but recorded their opposition to this item:
Cheree Holden, 301 Stockton Drive, Southlake, Texas;
Anwar Khurshid, 406 Orchard Hill Drive, Southlake, Texas;
Tammy Kuehler-Drive, Southlake, Texas; and,
P.K. Sharkey, 404 Marshall Road, Southlake, Texas.
Greg Standerfer, 2109 Boulder Court, Southlake, Texas spoke in support of this item.
Council discussed this item.
st
Motion was made to approve Ordinance No. 480-594 (ZA10-001), 1 Reading, Zoning
Change and Site Plan for a new Carroll ISD elementary school
agreement to bring back the following items to Council at second reading: renderings
showing line of sight from Stockton Drive and Orchard Hill Drive to the school property;
get
clarification on the status of the electric pole and report back to Council; noting the
tion and a plan for
overflow parking; a rendering of the shade structure; noting applicant to
allow residents to tie into the perimeter fencing; and subject to Site Plan Review
Summary No. 5, dated March 31, 2010 and granting the requested variance on
driveway stacking depth.
Motion: Hill
Second: Jones
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Mayor Terrell announced that Council would consider item 9A next. Director Baker
stated that the applicant for this item was not present.
Agenda Item No. 9A. Consider SV10-005, Variance to Sign Ordinance No. 704, as
amended, for Bethel Methodist Church located at 190 South White Chapel Boulevard.
The applicant was not present for this item. Council agreed to table this item.
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Motion was made to table SV10-005, Variance to Sign Ordinance No. 704, as
amended, for Bethel Methodist Church to the April 20, 2010 City Council meeting.
Motion: Jones
Second: Hill
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0 (to table)
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 12:30 a.m. Executive Session
began at 12:40 a.m. and ended at 12:55 a.m.
Mayor Terrell reconvened the meeting at 12:55 a.m.
Agenda Item No. 8A. Resolution No. 10-015, Appoint members to fill two unexpired
positions on the Planning and Zoning Commission. Mayor Terrell introduced this item.
Motion was made to approve Resolution No. 10-015, Appoint members to fill two
unexpired positions on the Planning and Zoning Commission appointing Jim Hamel and
Shahid Shafi with terms to expire May 2012.
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 12:57
a.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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