2012-09-04 CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: September 4, 2012
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe,
Deputy Mayor Pro Tem Pamela Muller and Councilmembers Carolyn Morris, Jeff Wang,
Al Zito, and Martin Schelling.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager /Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Communication and
Website Manager Pilar Schank, Director of Community Services Chris Tribble, Deputy
Director of Community Services /Librarian Kerry McGeath, Assistant to the Director
Candice Edmondson, Director of Economic Development Greg Last, Director of Finance
Sharen Jackson, Fire Chief Mike Starr, Emergency Management Coordinator Kyle
Taylor, Director of Human Resources Stacey Black, Director of Information Technology
Dale Dean, Director of Planning and Development Services Ken Baker, Planner I Daniel
Cortez, Police Chief Steve Mylett, Director of Public Works Bob Price, Deputy Director
of Public Works Gordon Mayer, Civil Engineer Steve Anderson, Operations Manager
Chuck Kendrick, City Attorney E. Allen Taylor and City Secretary Alicia Richardson.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:42 p.m.
2. INVOCATION
Assistant City Manager Ben Thatcher gave the invocation. Mayor Terrell led the pledge
of allegiance.
Mayor Terrell announced that Council would move to Item 4.
4. PRESENTATION BY LAURA HILL, SPARK ORGANIZATION
Ms. Laura Hill informed Council and the public of the upcoming SPARK event to be held
on September 20, 2012. The event, Not My Child, Not My Problem!, will be held at
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Carroll Senior High School beginning at 7:30 p.m. The parents -only event will include
discussion about dealing with drugs, alcohol and the realities of a kid's world.
3. LOCAL BUSINESS REPORT
Director of Economic Development Greg Last introduced Mr. Leo B. Argueta with
Quitter's Stash.
Mr. Argueta provided information on his business located at 2255 West Southlake
Boulevard, Suite 325.
5. BRIEFING ON UPCOMING CRUD CRUISER/E -WASTE EVENT
Mayor Terrell recognized Ms. Emily Weathers from Goodwill Fort Worth. Ms. Weathers
introduced Mr. David Cox who explained that Goodwill Fort Worth would be at the
upcoming Crud Cruiser event to collect E- Waste. On Saturday, September 8, 2012,
residents will be able to rid their homes of household waste —such as batteries, cooking
oil and medicines and e- waste —cell phones, computers, dry ink toner cartridges and
computer monitors.
Fire Chief Mike Starr advised Council the Crud Cruiser would be available between the
hours of 9:00 a.m. and 11:00 a.m. at the Dragon Stadium on a first come first served
basis. Chief Starr advised that citizens can dispose of paint cans with the regular trash
schedule. The cans can be opened and when the paint dries it can be placed in the
trash.
6. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL
BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE
REGULAR SESSION.
Mayor Terrell read the consent agenda items.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:08
p.m.
2A. EXECUTIVE SESSION
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; Section 551.072, deliberation regarding real property; Section 551.074,
deliberation regarding personnel; and Section 551.087, deliberation regarding economic
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development negotiations. City Council adjourned for Executive Session at 6:09 p.m.
Executive Session began at 6:26 p.m. and concluded at 7:47 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 7:55 p.m. and asked if any action was
necessary from Executive Session.
A motion was made to approve authorization for staff to finalize and the Mayor to
execute the settlement agreement in lieu of condemnation of easements from the
property located on East State Highway 114.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
3. REPORTS
A. Mayor's Report —
Mayor Terrell announced the upcoming meetings and events.
B. City Manager's Report —
Emergency Management Coordinator Kyle Taylor provided an update on the City's
efforts on preventing West Nile Virus.
4. CONSENT AGENDA (Items 4A -L) 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. APPROVE MINUTES FROM THE AUGUST 14, 2012 JOINT CITY COUNCIL
AND SPIN STANDING COMMITTEE MEETING AND AUGUST 21, 2012 CITY
COUNCIL MEETING.
Mayor Pro Tem Bledsoe abstained from voting on the August 21, 2012 City Council
meeting minutes.
Council member Al Zito abstained from voting on the August 14, 2012 Joint City Council
and SPIN Standing Committee meeting.
4B. THIS ITEM WAS INTENTIONALLY LEFT BLANK.
4C. APPROVE RENEWAL OF AN AMENDMENT TO THE FACILITIES
UTILIZATION AGREEMENT WITH DRAGON YOUTH FOOTBALL.
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4D. APPROVE ANNUAL PURCHASE AGREEMENT WITH MANNING CONCRETE
SAWING THROUGH AN INTERLOCAL AGREEMENT WITH CITY OF
GRAPEVINE.
4E. APPROVE ANNUAL PURCHASE AGREEMENT WITH TX! THROUGH AN
INTERLOCAL AGREEMENT WITH THE CITY OF GRAPEVINE.
4F. APPROVE AMENDMENT NO. 1 FOR THE ENGINEERING SERVICES
AGREEMENT WITH KIMLEY HORN AND ASSOCIATES, INC. FOR THE 2030
MOBILITY PLAN IN THE AMOUNT OF $3,500.
4G. ORDINANCE NO. 1045 (CP12 -003), 1 ST READING, LAND USE PLAN
AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL AND RETAIL
COMMERCIAL TO PUBLIC PARK/OPEN SPACE ON PROPERTY
DESCRIBED AS TRACTS 1C3, 2B, 2A2, 2A, 3C1, 3C1A AND 3D1, L.G. HALL
SURVEY, ABSTRACT NO. 686, CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS AND LOCATED AT 285, 315 AND 379 SHADY OAKS DRIVE,
SOUTHLAKE, TEXAS. CURRENT ZONING: CS - COMMUNITY SERVICE
DISTRICT. SPIN #7.
4H. ORDINANCE NO. 1044, 1 ST READING, APPROVE BICENTENNIAL PARK
MASTER PLAN.
41. ORDINANCE NO. 480 -KKKK, 1 ST READING, AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT
PERTAINS TO NONCONFORMING USES AND NONCONFORMING
STRUCTURES.
4J. ZAl2 -057, SITE PLAN FOR BICENTENNIAL PARK PHASE II PROPERTY
DESCRIBED AS TRACTS 1, 1B, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 2B1,
3C, 3C12, 3C1A, 3D, 3D1, 3D1A, 3D6, L.G. HALL SURVEY, ABSTRACT NO.
686 AND LOT 2R2, L.B.G. HALL NO. 686 ADDITION, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND LOCATED NORTH OF WEST SOUTHLAKE
BOULEVARD BETWEEN SHADY OAKS DRIVE AND NORTH WHITE
CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING IS "CS"
COMMUNITY SERVICE DISTRICT. SPIN #7. APPLICANT REQUESTED TO
TABLE ITEM TO SEPTEMBER 18, 2012
4K. ORDINANCE NO. 1039 (CP12 -001), 1 ST READING, LAND USE PLAN
AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY
RESIDENTIAL ON PROPERTY DESCRIBED AS LOT 5, DRAKE ESTATES
ADDITION, LOT 3, AND A PORTION OF LOTS 4 AND 5, TIMBERLINE
ESTATES, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT
360 RANDOL MILL AVENUE, 2405 JOHNSON ROAD, 235 TIMBERLINE
LANE, AND 245 TIMERLINE LANE, SOUTHLAKE, TARRANT COUNTY,
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TEXAS. CURRENT ZONING: SF -1A — SINGLE FAMILY RESIDENTIAL
ZONING DISTRICT. APPLICANT WITHDREW REQUEST.
4L. ORDINANCE NO. 480-622 (ZAl2 -044), 1 READING, ZONING CHANGE AND
DEVELOPMENT PLAN FOR THE PINES, ON PROPERTY DESCRIBED AS
LOT 5, DRAKE ESTATES ADDITION AND LOT 3, TIMBERLINE ESTATES
ADDITION AND A PORTION OF LOTS 4 AND 5, TIMBERLINE ESTATES
ADDITION CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND
LOCATED AT 360 RANDOL MILL AVENUE, 2405 JOHNSON ROAD, 235 AND
245 TIMBERLINE LANE, SOUTHLAKE, TEXAS. CURRENT ZONING IS "SF-
1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING IS
"TZD" TRANSITION ZONING DISTRICT. SPIN #11. APPLICANT WITHDREW
REQUEST.
A motion was made to approve the consent agenda as read.
Mayor Pro Tem Bledsoe abstained from voting on the August 21, 2012 City Council
meeting minutes.
Council member Al Zito abstained from voting on the August 14, 2012 Joint City Council
and SPIN Standing Committee meeting.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Terrell opened the public forum and asked for anyone wishing to speak to come
forward.
Mr. Jonathan Snook, 3545 Carmel Court, commented on field use agreements
regarding allocation of fields to the citizens of the community.
There being no one else wishing to speak, Mayor Terrell closed the public forum.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
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6A. ORDINANCE NO. 480-619 (ZAl2 -007), 2 READING, ZONING CHANGE AND
SITE PLAN FOR NOLEN OFFICE PARK ON PROPERTY DESCRIBED AS
TRACT 11A, THOMAS EASTER SURVEY, ABSTRACT NO. 474,
SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 300 SOUTH
NOLEN DR., SOUTHLAKE, TEXAS. CURRENT ZONING: AG
AGRICULTURAL DISTRICT. REQUESTED ZONING: S -P -1 DETAILED SITE
PLAN DISTRICT. SPIN #8. PUBLIC HEARING
APPROVED
Planner I Daniel Cortez presented items 6A and 6B and was available to answer
questions. Mr. Cortez's presentation included: future land use map; existing land use;
current zoning; aerial views; site plan; proposed SP -1 regulations; requested variances;
south elevation; tree preservation plan; landscape plan; preliminary plat; and the
Kimball Crooked Land Use Plan; 2025 Master Thoroughfare Plan; site plan and
elevations for case ZAl2 -008. The Planning and Zoning Commission at their August 9,
2012 meeting approved ZAl2 -007; subject to site plan review summary No. 4, dated
August 1, 2012 with the two requested variances; (1) reduction in the stacking depth for
the driveways from 75 feet to 50 feet and (2) reducing the separation between Village
Center intersection with the driveway from 200 feet to 150 feet per the site plan. The
Commission also approved ZAl2 -008; subject to site plan review summary No. 4, dated
August 1, 2012.
Mr. Konstantine Bakintas, 4550 State Highway 360, Grapevine presented request and
was available to answer questions.
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 Ordinance No. 480 -619, Nolen Office Park, approving
two variances: (1) to reduce the driveway stacking depth reduction from 75 feet to 50
feet and (2) reduce the driveway separation from the Village Center intersection at
South Nolen Drive from 200 feet to 150 feet; subject to sidewalk escrow agreement to
be in place for Village Center Drive and in the event that Village Center Drive is
constructed and City of Southlake staff deems necessary that the City could in the
future change the Nolen entrance from a right in right only; noting that the wall located
on Nolen Center Drive will be landscaped and of complementary stone; additional
landscaping materials to the north, east and south elevations to the building to be
similar styles and complementary to the existing landscape plan; regarding tree
mitigation requirement the applicant will be providing a minimum of 4 -inch caliper trees;
and subject to site plan review summary No. 5, dated August 15, 2012.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
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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
TRACT 11A, THOMAS EASTER SURVEY, ABSTRACT NO. 474, SOUTHLAKE,
TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.996 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT, 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. ZAl2 -008, PRELIMINARY PLAT FOR LOTS 1 AND 2, BLOCK 1, NOLEN
OFFICE PARK ADDITION, ON PROPERTY DESCRIBED AS TRACTS 11 AND
11A, THOMAS EASTER SURVEY, ABSTRACT NO. 474, SOUTHLAKE,
TARRANT COUNTY, TEXAS AND LOCATED AT 300 S. NOLEN DR.,
SOUTHLAKE, TEXAS. CURRENT ZONING: AG - AGRICULTURAL DISTRICT.
APPROVED
This item was presented in conjunction with item 6A.
A motion was made to approve ZAl2 -008, preliminary plat for Lots 1 and 2, for the
Nolen Office Park subject to site plan review summary No. 5, dated August 15, 2012.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
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6C. ORDINANCE NO. 480 -564A (ZAl2 -066), 2 READING, ZONING CHANGE
AND DEVELOPMENT PLAN FOR CARILLON ON PROPERTY DESCRIBED
AS TRACTS 3 AND 4A1, A. CHIVERS SURVEY ABSTRACT NO. 299,
TRACTS 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B AND 3B2 L. CHIVERS
SURVEY ABSTRACT NO. 300, LOTS 1 AND 2, BLOCK 1, CARILLON
OFFSITE INFRASTRUCTURE & CHILDREN'S MEDICAL CENTER, AND
CARILLON PHASE 1A, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
LOCATED MAINLY NORTH OF STATE HWY. 114 BETWEEN N. WHITE
CHAPEL BLVD. AND N. CARROLL AVE. AND SOUTH OF ESTES PARK
SUBDIVISION IN SOUTHLAKE, TEXAS. CURRENT ZONING: ECZ —
EMPLOYMENT CENTER ZONING DISTRICT. REQUESTED ZONING: ECZ —
EMPLOYMENT CENTER ZONING DISTRICT. SPIN #3. PUBLIC HEARING
APPROVED
Director of Planning and Development Services Ken Baker presented item and was
available to answer questions. Mr. Baker's presentation included: future land use plan
and existing land use; current zoning; aerial view; and proposed regulations. The
Planning and Zoning Commission, at their August 9, 2012 meeting approved request;
subject to site plan review summary No. 2, dated August 1, 2012, with the exception of
item 3 of the proposed regulations: Instead of allowing the 2nd paragraph to be changed
on page 75 from the fagade zone to a minimum of 25% of any detached product that be
set back at least 1 -ft. from the front fagade of the building to the filing. The front fagade
zone of a minimum 20% of any detached product of the setback shall be at least 2.5 -ft.
from the front fagade of the building.
Applicant representative Jeff Kennemer, 5215 North O'Conoor Boulevard, Suite 635,
Irving presented request and was available to answer questions.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the
item to come forward. There being no one wishing to speak, Mayor Terrell closed the
public hearing.
A motion was made to approve Ordinance No. 480 -564A, zoning change and
development plan for Carillon; subject to site plan review summary No. 2, dated August
1, 2012.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -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;
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GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACTS 3 AND
4A1 SITUATED IN THE A. CHIVERS SURVEY ABSTRACT NO. 299 AND TRACTS 1,
2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3B1AND 3B2 SITUATED IN THE L. CHIVERS
SURVEY ABSTRACT NO. 300, BEING APPROXIMATELY 285 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "ECZ"
EMPLOYMENT CENTER ZONING DISTRICT TO "ECZ" EMPLOYMENT CENTER
ZONING DISTRICT AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN AND
INCLUDING THE USES AND DEVELOPMENT STANDARDS 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.
6D. ZAl2 -054, SITE PLAN FOR ALLIANCE OFFICE SYSTEMS ON PROPERTY
DESCRIBED AS LOT 1, BLOCK A, BRIARWOOD ESTATES PHASE 1, AN
ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND
LOCATED AT 469 CHERRY LANE, SOUTHLAKE, TEXAS. CURRENT
ZONING: "0 -1" OFFICE DISTRICT. SPIN #4. PUBLIC HEARING
APPROVED
Planner I Daniel Cortez presented item and was available to answer questions. Mr.
Cortez's presentation included: future land use; existing land use; current zoning; aerial
view; site data summary; site plan; building elevations; landscape plan; requested
variances; and escrow for sidewalk. The Planning and Zoning Commission, at their
August 23, 2012 meeting, approved request subject to staff report No. 3, dated July 5,
2012; granting the variance for 34% existing tree canopy, noting that any canopy tree
cover will require 50% at 4 -inch caliper and none less than 2 -inch caliper; granting the
variance for 30 -foot front yard setback; accepting the funds for future sidewalk
construction be placed in escrow; subject to the addition of door and walkway on west
elevation for a more residential look facing Cherry Lane; and, noting the applicant will
connect to sewer once it becomes available through the development of the adjacent
property to the east.
Applicant representative Don Harris, 805 Talbot, Keller was available to answer
questions.
In response to Council member Morris' question, Mr. Harris informed Council he is
agreeable to increase the size of tree plantings to four -inch caliper; replace Yaupon
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Page 9 of 20
Holly with Nellie R. Stevens Holly; addition of two similar trees (live oaks) on the north
side; and to center the entrance feature on Cherry Lane.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the
item to come forward. There being no one wishing to speak, Mayor Terrell closed the
public hearing.
A motion was made to approve ZAl2 -054, site plan for Alliance Office Systems; noting
the following variances: (1) applicant will be replacing mitigated trees with the minimum
of four -inch caliper, (2) the front yard setback will be 30 feet and (3) noting the applicant
will escrow funds for the minimum five -foot sidewalk and the City will provide applicant a
six month notice to commence construction and in the event access is not available on
site that the applicant will provide a pedestrian access agreement to the City of
Southlake; and noting the following: applicant will center the left elevation (Cherry Lane
elevation) entrance feature and in the event that causes an articulation variance, it is so
noted and recommended for approval; Nellie R. Stevens Holly will replace Yaupon
Holly's located on the north boundary elevation to be planted on 15 foot centers and
eliminating the Juniper requirement; applicant will install two additional live oak trees on
the northeast corner to be centered in the open area noted on the site plan and evenly
spaced; and subject to the site plan review summary No. 4, dated August 28, 2012.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
6E. ZAl2 -073, SITE PLAN FOR SOUTHLAKE ITALIAN RESTAURANT ON
PROPERTY DESCRIBED AS LOT 3, GREENWAY - CARROLL ADDITION, AN
ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND
LOCATED AT 1281 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS.
CURRENT ZONING IS "C -3" GENERAL COMMERCIAL DISTRICT. SPIN #8.
PUBLIC HEARING
APPROVED
Planner I Daniel Cortez presented item and was available to answer questions. Mr.
Cortez's presentation included: future land use designation; zoning; aerial views; site
plan; elevations; and requested variance. The Planning and Zoning Commission, at
their August 9, 2012 meeting, approved the request subject to site plan review summary
No. 1, dated August 17, 2012, and granting the variance request for 71 parking spaces
as opposed to the required 72 spaces.
Applicant representative Juan Flores presented request and was available to answer
questions.
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Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the
item to come forward. There being no one wishing to speak, Mayor Terrell closed the
public hearing.
A motion was made to approve ZAl2 -073, site plan for Southlake Italian Restaurant;
noting the variance of one parking space from 72 to 71; pursuant to site plan review
summary No. 1, dated August 17, 2012.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
6F. ORDINANCE NO. 480 -623 (ZAl2 -067), 2ND READING, ZONING CHANGE
AND CONCEPT /SITE PLAN FOR VICTORY LANE ON PROPERTY
DESCRIBED AS TRACTS 3A1A AND 3A2A, THOMAS MAHAN SURVEY,
ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
AND LOCATED AT 400 AND 470 N. KIMBALL AVE., SOUTHLAKE, TEXAS.
CURRENT ZONING: 1 -1 LIGHT INDUSTRIAL DISTRICT. REQUESTED
ZONING: S -P -2 GENERALIZED SITE PLAN DISTRICT. SPIN #4. PUBLIC
HEARING
APPROVED
Director of Planning and Development Services Ken Baker presented item and was
available to answer questions. Mr. Baker's presentation included: future land use
designation; 2030 Land Use Plan; aerial views; renderings; concept plan and phase 1 of
site plan; photometric plan; elevations; tree preservation plan; landscape plan; and
reviewed items discussed at first reading to be addressed by applicant. The Planning
and Zoning Commission approved the request; subject to the concept/site plan review
summary No. 2 dated August 3, 2012 with a note that this will be a full service hotel,
and full service shall include a restaurant with lounge, 24/7 room service, at least 5,000
square feet of contiguous meeting space, a swimming pool, fitness center, business
center, bell service and shuttle service to and from Dallas Fort Worth Airport. Also, the
dumpster needs to be located contiguous to commercial zoning instead of residential
zoning and approving the variances requested to reduce the stacking depth of the North
Kimball Avenue drive from the required 150 feet down to 17.6 feet and the driveway on
State Highway 114 from 150 feet to 34.2 feet.
Applicant representative Jeff Medici presented the request, which included a detailed
review of items discussed at first reading. Mr. Jack Arnold with Adams Engineering was
present to address questions.
Council, staff and applicant had considerable discussion regarding the proposed
request.
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Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the
item to come forward.
Mr. John Reynal, 204 Westwood Drive, advised that he was not contacted by the
applicant. He also spoke to the City's noise ordinance and compliance with the
ordinance; lighting plan for the development; size of hotel rooms; concept plan; and
hotel that will be located at site.
Ms. Katrina Boswell, 577 Cherry Lane, advised that she is concerned with the late night
music from the hotel.
Mr. Ryan Smith, 1532 Main Street, spoke in support of the request.
Mr. Randy Robbins, 1710 Bur Oak Drive, spoke in support of the request.
Mayor Terrell recessed the meeting at 10:28 p.m.
Mayor Terrell reconvened the meeting at 10:44 p.m.
Council and applicant discussed the size of the proposed hotel rooms and lighting.
A motion was made to approve Ordinance No. 480 -623, zoning change and concept
site plan for Victory Lane subject to the following stipulations: applicant will submit a
drainage improvement plan to the Army Office Corps of Engineers regarding the 39
program; minimum square footage of rooms will be 325 square feet; minimum pool area
will be 1,000 square feet, including in the pool area will be a fire place and an eight (8)
foot masonry wall for sound and mitigation purposes on the western boundary; project
will include as noted on the building site plan a fitness center of a minimum of 700
square feet and to include aerobic machines, weights, and weight lifting equipment;
property will offer daily housekeeping at no additional charge; 24 -hour staff will be
available for check in, check out, maintenance and other service needs; conference
center located to the north of hotel will be deemed an amenity of the hotel;
consideration for certificate of occupancy for the hotel will also be that the conference
center and track will be made available for occupancy and operation at the time the
hotel opens (conference center and track will be an integral operation of the hotel and
deemed to be one facility); applicant will create a ground level Bose type sound system
in the pool area for sound mitigation purposes; sound system will be shut off no later
than midnight and any outdoor music will be discontinued after midnight; 10% of the
hotel rooms will be deemed executive and have a minimum square footage of 525
square feet and will be noted with an additional amenity package (example, executive
level type amenities — points and rewards system or other type incentives noted for
those rooms); hotel will have four suites, which will have minimum square footage of
800 and proposed to have one suite on each floor; applicant has proposed a shuttle
system that will be made available to both airport and Southlake Town Square; masonry
walls will be constructed of concrete walls, provided they are textured type material, but
not a ribbon or stucco; deliveries to the property will be limited between 7:00 a.m. and
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Page 12 of 20
7:00 p.m.; applicant will provide room amenities as indicated in item 16 in presentation
to Council, with notation that any type kitchen facilities, kitchenettes or stove -type
amenities will be specifically precluded as available to any rooms in the hotel; room
service will be made available at a minimum, between 6:00 a.m. and 11:00 p.m.;
loading facility on western boundary will have a ten (10) foot masonry wall or
complementary building materials to the building for sound and screening purposes for
docking and loading as noted on the site plan; all aspects of the City of Southlake's
lighting ordinance will be adhered to in the development; approving requested variances
for the stacking depth of the North Kimball Avenue Drive to 17.6 feet and the driveway
on State Highway 114 to 34.2 feet; applicant will work to provide a curb cut along
Kimball Avenue Drive at the adjoining property owner's parcel (John Eubanks) if it is
deemed mutually beneficial to the property owners along Kimball that we will allow the
curb cut, known as the "JTE curb cut ", in the site plan that was presented tonight; hotel
restaurant will be full service (three -meal restaurant); applicant's presentation and
concept of larger trees will be presented in the locations noted in tonight's presentation
to be a minimum of six (6) inch caliper; pursuant to site plan review summary No. 4,
dated August 29, 2012; application to be consistent with S -P -2 regulations as
presented, unless in conflict with the motions that are part of this recommended
approval; sidewalk along State Highway 114 will be eight (8) feet; subject to the site
plan presented to Council tonight; and that discussions are consistent with the
presentations the applicant made to Council at first and second reading.
Motion: Bledsoe
Second: Wang
Ayes: Bledsoe, Morris, :Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -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 LEGALLY DESCRIBED AS
TRACTS 3A1A AND 3A2A, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 15.52
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"1 -1" LIGHT INDUSTRIAL DISTRICT TO "S -P -2" GENERALIZED SITE PLAN
DISTRICT, 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
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Page 13 of 20
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
6G. ORDINANCE NO. 1042, 2 READING, ADOPT AN ORDINANCE
REGULATING THE INSTALLATION, REPAIR AND MAINTENANCE OF
UTILITY AND TELECOMMUNICATIONS FACILITIES WITHIN THE RIGHT -OF-
WAY. PUBLIC HEARING
APPROVED
City Manager Shana Yelverton presented item and was available to answer questions.
A motion was made to approve Ordinance No. 1042, regulating the installation, repair
and maintenance of utility and telecommunications facilities with the right -of -way.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE REGULATING THE INSTALLATION, REPAIR AND MAINTENANCE
OF UTILITY AND TELECOMMUNICATIONS FACILITIES WITHIN THE RIGHT -OF-
WAY IN THE CITY OF SOUTHLAKE, TEXAS; REQUIRING REGISTRATION AND A
UTILITY CONSTRUCTION PERMIT; PROVIDING FOR REVOCATION AND APPEAL
PROCEDURES; PROVIDING FOR THE FILING OF A MAP AND PLANS BY RIGHT -
OF -WAY USERS; PROVIDING FOR THE PROTECTION OF THE SAFETY AND
CONVENIENCE OF THE PUBLIC; PROVIDING FOR THE RESTORATION OF THE
PUBLIC RIGHT -OF -WAY; 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 PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE MANNER AUTHORIZED BY LAW; AND PROVIDING AN
EFFECTIVE DATE.
6H. ORDINANCE NO. 1030, 2ND READING, MASTER STORM WATER PLAN, A
COMPONENT OF THE SOUTHLAKE 2030 COMPREHENSIVE PLAN. PUBLIC
HEARING
APPROVED
City Manager Shana Yelverton presented item and was available to answer questions.
A motion was made to approve Ordinance 1030, Master Storm Water Plan, a
component of the Southlake 2030 Comprehensive Plan.
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Page 14 of 20
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE STORM WATER MASTER PLAN AS AN ELEMENT
OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE.
61. CONSIDER A PROPOSAL TO ADOPT A TAX INCREASE AS A RESULT OF
THE PROPOSED TAX RATE OF $.462 EXCEEDING THE EFFECTIVE TAX
RATE BY 0.55 %. PUBLIC HEARING
APPROVED
Director of Finance Sharen Jackson presented Items 61, 6J, 6K, 6L, and 6M and was
available to answer questions from Council.
A motion was made to approve the proposal to adopt a tax increase as a result of the
proposed tax rate of $.462 exceeding the effective tax rate by 0.55 %.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
6J. ORDINANCE NO. 1046, 1 READING, APPROVE AND ADOPT THE ANNUAL
BUDGET FOR THE FISCAL YEAR 2013 AND APPROVE THE REVISED
BUDGET FIGURES FOR THE FISCAL YEAR 2012 AND MULTI -YEAR
CAPITAL IMPROVEMENTS PROGRAM. (IF APPROVED AT FIRST
READING, A PUBLIC HEARING WILL BE HELD ON SEPTEMBER 18, 2012.)
APPROVED
This item was presented in conjunction with item 61.
A motion was made to approve Ordinance No. 1046, adopting the Annual Budget for
Fiscal Year 2013 and approve the revised budget figures for Fiscal year 2012 and Multi-
year Capital Improvements Program.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
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6K. ORDINANCE NO. 1047, 1 ST READING, TAX LEVY ORDINANCE. (IF
APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD ON
SEPTEMBER 18, 2012.)
APPROVED
This item was presented in conjunction with item 61.
A motion was made to approve Ordinance No. 1047.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
6L. ADOPT THE FISCAL YEAR 2013 CRIME CONTROL AND PREVENTION
DISTRICT OPERATING BUDGET AND MULTI -YEAR CAPITAL
IMPROVEMENTS PROGRAM. PUBLIC HEARING
APPROVED
This item was presented in conjunction with item 61.
A motion was made to adopt the Fiscal Year 2013 Crime Control and Prevention District
Operating Budget and Multi -Year Capital Improvements Program.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
6M. ORDINANCE NO. 1048, 1ST READING, APPROVE AN ORDINANCE OF THE
CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR A RESIDENTIAL
HOMESTEAD PROPERTY TAX EXEMPTION. (IF APPROVED AT FIRST
READING, A PUBLIC HEARING WILL BE HELD ON SEPTEMBER 18, 2012.)
APPROVED
This item was presented in conjunction with item 61.
A motion was made to approve Ordinance No. 1048, providing for a residential
homestead property tax exemption.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
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Page 16 of 20
6N. ORDINANCE NO. 1043, 2ND READING, APPROVE A SPEED LIMIT
ORDINANCE AMENDING CHAPTER 18, SECTION 18 -79 OF THE
SOUTHLAKE CITY CODE ESTABLISHING A NEW SPEED LIMIT ON A
" `° PORTION OF N. KIMBALL AVENUE. PUBLIC HEARING
APPROVED
City Manager Shana Yelverton presented item and was available to answer questions.
A motion was made to approve Ordinance No. 1043, a speed limit ordinance amending
Chapter 18, Section 18 -79 of the Southlake City Code establishing a new speed limit on
a portion of North Kimball Avenue.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
In accordance with Section 421 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AMENDING CHAPTER 18, SECTION 18 -79 OF THE SOUTHLAKE
CITY CODE TO ESTABLISH A NEW SPEED LIMIT ON A PORTION OF NORTH
KIMBALL AVENUE WITHIN THE CITY OF SOUTHLAKE; DIRECTING THE
DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS; 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.
60. ORDINANCE NO. 480 -624 (ZAl2 -064), 2ND READING, ZONING CHANGE
AND SITE PLAN FOR SILVER RIDGE ASSISTED LIVING ON PROPERTY
DESCRIBED AS THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, TRACT
3B CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT
600 N. KIMBALL AVE., SOUTHLAKE, TEXAS. CURRENT ZONING: AG-
AGRICULTURAL DISTRICT. PROPOSED ZONING- SP -1- DETAILED SITE
PLAN DISTRICT. SPIN #4. PUBLIC HEARING
APPROVED
Director of Planning and Development Services Ken Baker presented items 60 and 6P.
Mr. Baker's presentation included: future land use and existing land use; current zoning;
aerial views; preliminary plat; site plan; floor plan; building elevations; architectural
renderings; tree preservation plan; and landscape plan. The Planning and Zoning
Commission, at their August 9, 2012 meeting, approved the request subject to site plan
review summary No. 2, dated August 1, 2012 and applicant entering into an avigation
easement with the City of Southlake. The Council, at their August 21, 2012 meeting,
REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012
Page 17 of 20
approved first reading and asked applicant to provide additional details on the
amenities.
Applicant representative David Keener presented request and was available to answer
questions.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the
item to come forward.
Ms. Nancy Jackson, 1240 Post Oak Trail, spoke in support of request.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Ordinance No. 480 -624, zoning change and site plan for
Silver Ridge Assisted Living; noting that along the western property boundary that
surrounds the assisted living area, the applicant will install a 48 -inch wrought iron fence
with stone columns on 25 -foot spacing intervals; applicant will provide a standing seam -
type metal roof in lieu of a composition roof presented at the Council meeting and that
the roof will have a neutral - metallic type color; in lieu of hardiplank type building
materials the applicant will utilize either stucco or natural cedar shingle elements;
applicant will also offer as an amenity to residents a hydrotherapy amenity which will be
included in an indoor aspect of the facility; as presented by applicant to include the
• fencing area around the memory care, the additional porch and shade elements on the
western property; pursuant to the site plan review summary No. 2, dated August 1,
2012; and the natural areas (natural trail) on the eastern boundary of the pond will be
decomposed granite and accessible to the public; and accepting of the S -P -1
regulations as proposed, which otherwise may not be in conflict with discussion tonight.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Schelling, Terrell, Wang, Zito
Nays: Muller
Approved: 6 -1
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 THOMAS
MAHAN SURVEY, ABSTRACT NO. 1049, TRACT 3B, SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 5.221 ACRES AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT
TO "S -P -1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED
SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ",
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Page 18 of 20
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.
6P. ZAl2 -065, PRELIMINARY PLAT FOR SILVER RIDGE ADDITION, ON
PROPERTY DESCRIBED AS TRACTS 3A04, 3C01, 3B, AND 3D, THOMAS
MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS AND BEING LOCATED AT 600, 640, 650, AND 660 N.
KIMBALL AVE. CURRENT ZONING: AG- AGRICULTURAL DISTRICT AND
NR -PUD- NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT.
APPROVED
This item was presented in conjunction with item 60.
A motion was made to approve ZAl2 -065, preliminary plat for Silver Ridge Addition,
noting the public access to the decomposed granite trail on the western property
surrounding the pond and pursuant to site plan review summary No. 2, dated August 1,
2012.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Schelling, Terrell, Wang, Zito
Nays: Muller
Approved: 6 -1
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: (THERE ARE NO ITEMS ON THIS
AGENDA)
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA.)
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 12:47 a.m.
REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012
Page 19 of 20
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
4 o7
John Terrell
„%t o �T ,,, ,, Mayor
ATTEST: ,,......... „A
` 0: 5 ...
4
Alicia Richardson
City Secretary *9
REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012
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