Item 4A - May 10 CC Mtg.lug CITY OF
SOUTHLAK.E
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: MAY 10, 2011
LOCATION 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT Mayor John Terrell (present at 6:07 p.m.), Deputy Mayor
Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A. Muller, Jeff
Wang and Al Zito.
CITY COUNCIL ABSENT Mayor Pro Tem Laura K. Hill.
STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager /Director of
Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Communication
and Websites Manager Pilar Schank, Director of Finance Sharen Jackson, Director of
Human Resources Stacey Black, Director of Planning and Development Services Ken
Baker, Planner II Clayton Comstock, Chief of Fire Services Mike Starr, Emergency
Management Coordinator Colleen Crocker, Chief of Police Services Robert Finn,
Deputy Chief of Police Services Rusty Daniels, Deputy Director of Community Services
Kari Happold, Marketing and Tourism Coordinator Jill Lind, Director of Public Works
Robert Price, City Attorney E. Allen Taylor, and City Secretary Alicia Richardson.
WORK SESSION
1. CALL TO ORDER
The Work Session was called to order by Deputy Mayor Pro Tem Bledsoe at 5:32 p.m.
2. INVOCATION
Mr. David Whitington with Christ Our King Church gave the invocation. Mayor Pro Tem
Bledsoe led the pledge of allegiance.
3. PRESENTATION BY DPS DIRECTOR JIM BLAGG REGARDING THE CITY'S
EMERGENCY MANAGEMENT INITIATIVES.
Assistant City Manager /Director of Public Safety Jim Blagg presented this item and was
available to answer questions from Council.
REGULAR CITY COUNCIL MEETING MINUTES, May 10, 2011
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4. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE
TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR
SESSION.
Deputy Mayor Pro Tem read the consent agenda items. Deputy Mayor Pro Tem
Bledsoe announced that Item 6F— Ordinance No. 999 has been requested to be tabled.
The item will be moved to the consent agenda and tabled. Deputy Mayor Pro Tem
Bledsoe asked if there is no opposition, he would recommend moving Item 9A —SV11-
007 to the consent agenda.
At the request of Council, Director of Planning and Development Services Ken Baker
presented Item 9A to Council. The consensus of Council was to move Item 9A to the
consent agenda.
Councilmember Morris asked to remove Item 4B— Ordinance No. 480 -GGGG from the
consent agenda.
REGULAR SESSION
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Deputy Mayor Pro Tem
Bledsoe at 6:05 p.m.
2A. EXECUTIVE SESSION
Deputy Mayor Pro Tem Bledsoe announced that City Council would be going into
Executive Session pursuant to the Texas Government Code, Section 551.071,
consultation with the city attorney; Section 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 6:09
p.m. and concluded at 7:00 p.m.
Mayor Terrell arrived at 6:07 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 7:05 p.m. and asked if any action was
necessary from Executive Session.
No action was taken by Council.
3. REPORTS
A. Mayor's Report –
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Update of upcoming meetings and events
Mayor Terrell announced upcoming meetings and events.
Mayor Terrell moved to the City Manager's report.
B. City Manager's Report —
City Manager Shana Yelverton announced that the City received AAA bond ratings from
Standard and Poor's and Fitch.
Proclamation for Carroll Dragons Boys Soccer Team
Mayor Terrell recognized and presented a proclamation to the Carroll Dragons varsity
soccer team. Coach Greg Ogelsby and members of the soccer team were present to
receive the proclamation.
4. CONSENT AGENDA (Items 4A -C) Consent Agenda items are considered to be
routine by the City Council and are enacted with one motion. Mayor Terrell read
the Consent Agenda items into the record.
4A. ORDINANCE NO. 480 -FFFF, 1 ST READING, AN AMENDMENT TO ZONING
ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO OPEN SPACE
MANAGEMENT PLANS. (IF APPROVED AT FIRST READING, THE PUBLIC
HEARING WILL BE HELD ON JUNE 7, 2011.)
4B. ORDINANCE NO. 480 -GGGG, 1 ST READING, AN AMENDMENT TO ZONING
ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO PERSONAL
CARE FACILITIES, INCLUDING NURSING AND CARE HOMES. (IF
APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD ON
JUNE 7, 2011.)
This item was removed from the consent agenda and discussed later in the meeting.
4C. APPROVE ABSENCES OF A PLANNING & ZONING COMMISSION MEMBER.
Mayor Terrell announced as previously discussed in early work session, Items 6F and
9A would be moved to the consent agenda.
A motion was made to approve Items 4A; 4C; 6F, which will be tabled to a later date;
and 9A with the consent agenda.
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays:
None
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Absent: Hill
Approved: 6 -0
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Terrell opened the public forum.
Ms. Dianne Dorman, 100 Ascot Drive, spoke about the political signs that were placed
in the city over the weekend.
Mr. Bill Spivey, 1520 Randol Mill, commented on the trees being removed along FM
1938. Mr. Spivey asked Council if the City can talk to the contractor.
Mayor Terrell announced that staff would look into Mr. Spivey's concern.
Mr. Spivey informed Council that he is a member of the Brindle Wood East group. Mr.
Spivey asked Council to consider the financial loss of revenues with XTO leaving
Southlake.
Mr. Greg Wilemon, 608 Silver Spur, spoke about the false information that has been
circulated regarding the upcoming liquor vote.
Ms. Cynthia Day, 1620 Byron Nelson Parkway, spoke about the election signs placed in
the city by Greg Standerfer.
Ms. Dianne Harris, 1025 Mission, spoke in favor of a resolution created by a group for
organic compounds in the Barnett Shale.
Ms. Leslie DeRoussard spoke about the election signs and campaign literature.
Councilmember Wang commented that he would like to go into Executive Session in
accordance with Section 551.071, consultation with city attorney.
Mayor Terrell announced that City Council would be going into Executive Session
pursuant to the Texas Government Code, Section 551.071, consultation with the city
attorney. City Council adjourned for Executive Session at 7:47 p.m. Executive Session
began at 7:50 p.m. and concluded at 7:58 p.m.
Mayor Terrell reconvened the regular meeting at 7:59 p.m. Mayor Terrell advised no
action is necessary as a result of Executive Session.
Ms. Joan Gonzales, 400 Borders Court, provided Council a copy of an e -mail circulated
by Laura Hill.
Mayor Terrell closed the public forum.
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6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ORDINANCE NO. 480 -602 (ZA09 -062), 2 ND READING, ZONING CHANGE
AND SITE PLAN ON PROPERTY BEING DESCRIBED AS TRACT 2B, A
PORTION OF LOT 2, R.P. ESTES SUBDIVISION, AND BEING LOCATED AT
2411 SAM SCHOOL ROAD. CURRENT ZONING: "AG" AGRICULTURAL
DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT.
SPIN NEIGHBORHOOD #5. PUBLIC HEARING (CITY COUNCIL TABLED
THE PUBLIC HEARING TO MAY 10, 2011 AT THEIR MAY 3, 2011 MEETING.)
APPROVED
Planner II Clayton Comstock presented item and answered questions from Council.
Mr. Ray Williamson, 479 West Highland, was available to answer questions from
Council.
The Council and the applicant discussed the proposed uses and agreed to remove the
following: cabinet or carpentry shop; ice cream manufacturing; mini - warehouses; sign
manufacturing; and spray painting shop.
Mayor Terrell opened the public hearing.
A real estate agent (name inaudible), business located at 425 East Southlake
Boulevard, asked Council to give consideration to residents who live in the adjacent
area.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Ordinance 480 -602, 2nd reading, zoning change and site
plan on property being described as Tract 2B, a portion of Lot 2, R.P. Estes Subdivision,
approving the 0-1 uses as listed in the report, specifically limiting the industrial uses to:
janitorial or cleaning services, roofing contractor business premises, and warehouse;
also noting the existing improvements at the time the City of Southlake annexed the
property and while they do contradict with the current land use plan, we recognize the
improvements were in place' this is pursuant to the site plan review summary No. 4,
dated January 12, 2011; realizing the zoning is approved in low density land use
designation and is being approved as a result of an existing building that was annexed
into the City; and eliminating all outside storage.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
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Nays:
None
Absent:
Hill
Approved:
6 -0
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 DESCRIBED AS TRACT 2B, A
PORTION OF LOT 2, R.P. ESTES SUBDIVISION, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.994 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "I -1"
LIGHT INDUSTRIAL 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; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
6B. APPROVE A VARIANCE TO THE MASONRY ORDINANCE NO. 557 -A FOR
ONE PORTABLE BUILDING AT DURHAM INTERMEDIATE SCHOOL. THE
REQUEST IS BEING MADE BY THE APPLICANT, CARROLL I.S.D., FOR
PROPERTY LOCATED AT 801 SHADY OAKS DRIVE, BEING DESCRIBED
AS LOT 1, BLOCK 1, CARROLL ISD NO. 1 ADDITION AND BEING
APPROXIMATELY 30.475 ACRES. CURRENT ZONING: "CS" COMMUNITY
SERVICE DISTRICT. SPIN NEIGHBORHOOD #7. PUBLIC HEARING (CITY
COUNCIL TABLED THE PUBLIC HEARING TO MAY 10, 2011 AT THEIR MAY
3, 2011 MEETING.)
APPROVED
Director of Planning and Development Services Ken Baker presented this item to
Council and was available to answer questions.
Mr. Derek Citty, 3051 Dove Road, Grapevine, Texas, presented this item to Council and
was available to answer questions. Mr. Citty's presentation included items 6C and 6D.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak, to
come forward.
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There being no one wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve the variance to Masonry Ordinance No. 557 -A for one
portable building at Durham Intermediate School.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Absent: Hill
Approved: 6 -0
6C. APPROVE A VARIANCE TO THE MASONRY ORDINANCE NO. 557 -A FOR
TWO PORTABLE BUILDINGS AT JOHNSON ELEMENTARY SCHOOL. THE
REQUEST IS BEING MADE BY THE APPLICANT, CARROLL I.S.D., FOR
PROPERTY LOCATED AT 1301 NORTH CARROLL AVENUE, BEING
DESCRIBED AS LOT 13R1, F. THROOP NO. 1511 ADDITION AND BEING
APPROXIMATELY 14.753 ACRES. CURRENT ZONING: "CS" COMMUNITY
SERVICE DISTRICT. SPIN NEIGHBORHOOD #3. PUBLIC HEARING (CITY
COUNCIL TABLED THE PUBLIC HEARING TO MAY 10, 2011 AT THEIR MAY
3, 2011 MEETING.)
OPPPDX /Fn
This item was presented in conjunction with Item 6B.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak, to
come forward.
There being no one wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve the variance to Masonry Ordinance No. 557 -A for two
portable buildings at Johnson Elementary School.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays:
None
Absent:
Hill
Approved:
6 -0
6D. APPROVE A VARIANCE TO THE MASONRY ORDINANCE NO. 557 -A FOR
TWO PORTABLE BUILDINGS AT OLD UNION ELEMENTARY SCHOOL. THE
REQUEST IS BEING MADE BY THE APPLICANT, CARROLL I.S.D., FOR
PROPERTY LOCATED AT 1050 SOUTH CARROLL AVENUE, BEING
DESCRIBED AS LOT 1, BLOCK 1, CARROLL ISD NO. 5 ADDITION AND
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BEING APPROXIMATELY 16.081 ACRES. CURRENT ZONING: "RPUD"
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN
NEIGHBORHOOD #8. PUBLIC HEARING (CITY COUNCIL TABLED THE
PUBLIC HEARING TO MAY 10, 2011 AT THEIR MAY 3, 2011 MEETING.)
APPROVED
This item was presented in conjunction with Item 6B.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak, to
come forward.
There being no one wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve the variance to Masonry Ordinance No. 557 -A for two
portable buildings at Old Union Elementary School.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays:
None
Absent:
Hill
Approved:
6 -0
6E. ORDINANCE NO. 480 -EEEE, 2 ND READING, AN AMENDMENT TO THE
ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO
PERMITTED AND ACCESSORY USES AND SALES WITHIN CERTAIN (NOW
RESIDENTIAL) ZONING DISTRICTS. PUBLIC HEARING (CITY COUNCIL
TABLED THE PUBLIC HEARING TO MAY 10, 2011 AT THEIR MAY 3, 2011
MEETING.)
APPROVED
City Council did not require a presentation from staff.
Mayor Terrell opened the public hearing.
Ms. Dianne Dorman, 100 Ascot Drive, commented that the City should not restrict
businesses. Ms. Dorman asked Council to recuse themselves from voting on the item
or to table the item for a meeting after the election.
City Attorney Allen Taylor advised that Council does not have a conflict of interest and
may vote on the item.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
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A motion was made to approve Ordinance No. 480 -EEEE, 2 nd reading, an amendment
to the Zoning Ordinance No. 480, as amended, as it pertains to permitted and
accessory uses and sales within certain non - residential zoning district.
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays:
None
Absent:
Hill
Approved:
6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AMENDING SECTIONS 20.2x, 24.2x, 25.2a AND 34.1 OF THE
CITY OF SOUTHLAKE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS
AMENDED, AS IT PERTAINS TO PERMITTED USES AND ACCESSORY USES,
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
6F. ORDINANCE NO. 999, 2 ND READING, ABANDON A PEDESTRIAN AND
EQUESTRIAN EASEMENT LOCATED ALONG THE SOUTHERN BOUNDARY
OF LOTS 10 THROUGH 17, BLOCK 1, FOX HOLLOW ADDITION AS SHOWN
ON THE PLAT DATED JULY 5, 1996. PUBLIC HEARING (CITY COUNCIL
TABLED THE PUBLIC HEARING TO MAY 10, 2011 AT THEIR MAY 3, 2011
MEETING.)
TABLED
This item was considered with the consent agenda.
6G. RESOLUTION NO. 11 -025 (ZA11 -020), SPECIFIC USE PERMIT FOR A MASS
GATHERING EVENT KNOWN AS SHOWCASE IN THE SQUARE ON
PROPERTY BEING DESCRIBED AS BLOCKS 1R, 2R1, 7 AND 8, PHASE I,
SOUTHLAKE TOWN SQUARE ADDITION AND THE LOCATION BEING
BOUNDED BY PROSPECT STREET AND CIVIC PLACE TO THE NORTH,
GRAND AVENUE TO THE EAST, NORTH CARROLL AVENUE TO THE WEST
AND EAST SOUTHLAKE BOULEVARD TO THE SOUTH. CURRENT
ZONING: "DT" DOWNTOWN ZONING DISTRICT. PUBLIC HEARING
APPROVED
Planner II Clayton Comstock presented this item to Council and was available to answer
questions. This item was presented in conjunction with Item 6H.
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Mr. John Shock who resides at 609 Burnett Drive, Keller, Texas, presented this item
and was available to answer questions from Council.
A motion was made to approve Resolution No. 11 -025, specific use permit for a mass
gathering event, known as Showcase in the Square and pursuant to the staff report
dated May 4, 2011.
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays:
None
Absent:
Hill
Approved:
6 -0
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 SHOWCASE IN THE
SQUARE LOCATED AT 1400 FOUNTAIN PLACE, 1400 EAST SOUTHLAKE BOULEVARD,
140 STATE STREET AND 1240 MAIN STREET, SOUTHLAKE, TEXAS, BEING DESCRIBED
AS LOT 3, BLOCK 1R; LOT 4, BLOCK 2R1; AND BLOCKS 7 AND 8, 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.
6H. APPROVE A COMMUNITY EVENT PARTICIPATION AGREEMENT WITH
APEX ARTS LEAGUE AND CROSSMEN WORLD CLASS DRUM CORPS FOR
2011 SHOWCASE IN THE SQUARE - A DRUM AND BUGLE CORP EVENT.
APPROVED
This item was presented in conjunction with Item 6G.
A motion was made to approve a community event participation agreement with Apex
Arts League and Crossmen World Class Drum Corps for the 2011 Showcase in the
Square- A Drum and Bugle Corp Event. The final funding will be based on actual costs
incurred, not to exceed $454.19, which is 50% of the estimated cost of $908.37.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays:
None
Absent:
Hill
Approved:
6 -0
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7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO
ITEMS ON THIS AGENDA.)
8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.)
9. OTHER ITEMS FOR CONSIDERATION:
9A. CONSIDER SV11 -007, VARIANCE TO SIGN ORDINANCE NO. 704, AS
AMENDED, FOR PAWL'S PETS LOCATED AT 2225 WEST SOUTHLAKE
BOULEVARD.
This item was included and approved with the consent agenda.
Mayor Terrell announced that Council would move to Item 4B.
4B. ORDINANCE NO. 480 -GGGG, 1 ST READING, AN AMENDMENT TO ZONING
ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO PERSONAL
CARE FACILITIES, INCLUDING NURSING AND CARE HOMES. (IF
APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD ON
JUNE 7, 2011.)
APPROVED
Planner II Clayton Comstock presented this item and was available to answer questions
from Council.
The Council and staff discussed square footage, amenities, and staffing level to
occupancy level. The consensus of Council is to have additional space for the Type B
units.
Director of Planning and Development Services Ken Baker recommended that Council
include a staffing analysis as part of the submittal.
Council directed staff to include a staffing analysis.
A motion was made to approve Ordinance 480 -GGGG, 1" reading, an amendment to
Zoning Ordinance No. 480, as amended, as it pertains to personal care facilities,
including nursing and care homes; to include staff's recommendation as noted in
Council's discussion.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays:
None
Absent:
Hill
Approved:
6 -0
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Mr. Baker commented that staff would not be ready to present the item at the May 17,
2011 Council meeting. The item will be listed on the agenda, but the public hearing will
be tabled to a future meeting.
Mayor Terrell allowed members of the public to speak on this item.
Mr. David Kenner, 2000 Montecerro, commented on the size of the facilities to
encourage care for patrons requiring more assistance.
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA)
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 10:09 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
John Terrell
Mayor
ATTEST:
Alicia Richardson
City Secretary
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