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2009-05-19 CC Packet CITY OF 4100 TEXASSOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: MAY 19, 2009 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor-Elect John Terrell, Deputy Mayor Pro Tern Gregory Jones and Councilmembers Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon Stansell and Councilmembers-Elect Brandon Bledsoe and Carolyn Morris. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Community Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Interim Director of Community Services Alison Ortowski, Construction Manager Peter Kao, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Municipal Court Judge Carol Montgomery, Director of Human Resources Kevin Hugman, Director of Information Technology Dale Dean, Information Technology Technician Vicky Roche, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Planner II Clayton Comstock, Planner I Daniel Cortez, Administrative Secretary Stephanie Breitbarth, Chief of Police Services Robert Finn, Chief of Fire Services Mike Starr, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, City Attorney E. Allen Taylor, City Secretary Lori Payne, Deputy City Secretary Tara Brooks, and Office Assistant Brandi Harris. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 5:12 p.m. Agenda Item No. 2. Invocation. Chaplain of the month Linda Pallone gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 3. Resolution No. 09-022, Canvass the returns and declare the results of the General and Special Elections held on May 9, 2009. Mayor Wambsganss read the resolution into the record. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009 Page 1 of 7 s I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, �,, CANVASSING THE GENERAL AND SPECIAL ELECTIONS HELD ON MAY 9, 2009; DECLARING THE RESULTS OF GENERAL AND SPECIAL ELECTIONS; AND PROVIDING AN EFFECTIVE DATE. The votes were called by City Secretary Payne and Resolution No. 09-022 was approved by the City Council declaring John Terrell elected as Mayor, Carolyn Morris elected to Place 2, and Brandon Bledsoe elected to Place 3. Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 4. Special recognition for City Councilmember Vernon Stansell. Mayor Wambsganss presented Councilmember Stansell with a plaque in recognition of his service to the City. Each Councilmember was given the opportunity to address Councilmember Stansell. City Manager Yelverton made a presentation on behalf of City staff. Councilmember Stansell thanked the City for the opportunity to serve. Agenda Item No. 5. Oaths of Office for Mayor, Place 2 and Place 3 and reception following. Judge Montgomery gave the Oaths of Office for Brandon Bledsoe, Carolyn Morris and John Terrell. kw Mayor Terrell presented Mayor Wambsganss with an engraved gavel and thanked him for his service. Mitzi Long from the office of State Representative Vicki Truitt presented a flag to Mayor Wambsganss that flew over the Texas Capital in his honor. Mayor Wambsganss presented Mayor Terrell with a City of Southlake Mayor lapel pin. Mayor Terrell invited everyone to the foyer for a reception. The reception began at 5:35 p.m. Mayor Terrell reconvened the meeting at 6:13 p.m. Agenda Item No. 4. Discuss all items on tonight's meeting agenda. Council reviewed the consent agenda items. Mayor Terrell closed the work session at 6:15 p.m. Y REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Terrell at 6:15 p.m. REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009 Page 2 of 7 . L Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would 4s, be going into Executive Session pursuant to the Texas Government Code Section 551.071, seek advice from 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 6:15 p.m. Executive Session began at 6:30 p.m. and ended at 7:35 p.m. Deputy Mayor Pro Tern Jones left the meeting at 6:32 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:40 p.m. and asked if any action was necessary from Executive Session. Councilmember Muzyka asked City Attorney Taylor to restate the motion that was discussed in Executive Session regarding the red light cameras. Motion was made to authorize the Mayor to sign an extension of the existing Red Flex contract which provides the red light camera system for the City of Southlake for an extended term of fifteen years from today's date under the existing terms, conditions and performance requirements of the existing contract, but if we are unable to complete those negotiations within the next week, then to authorize the staff to give notice of the automatic extension of the two incremental terms of extension provided for in the existing contract. Motion: Muzyka ELSecond: Hill Nov Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Councilmember Hill discussed the Game Over events on May 21 and 22, 2009 at Carroll High School. Agenda Item No. 3A1. City Manager's Report - Finance Report. A written report was provided to Council. A separate presentation was not made. Agenda Item No. 3C. Library Board Report. A written report was provided to Council. A separate presentation was not made. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 4A. Approve minutes from the May 5, 2009 regular City Council meeting. The minutes were approved as presented. IAgenda Item No. 4B. This item was intentionally left blank. REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009 Page 3 of 7 II , , I �, Agenda Item No. 4C. Ordinance No. 956, 1st Reading, Dedicating an easement on City Lowned property at 600 State Street for the purpose of providing electrical service to the new DPS Headquarters site. A presentation was not made on this item. IAgenda Item No. 4D. Resolution No. 09-023, Appoint a Mayor Pro Tem and a Deputy Mayor Pro Tern. Mayor Terrell appointed Virginia M. Muzyka as Mayor Pro Tern and I Laura K. Hill as Deputy Mayor Pro Tern. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM PURSUANT TO ARTICLE 2.07 OF THE HOME RULE CHARTER; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4E. Ordinance No. 480-579, 1st Reading (ZA08-062), Zoning Change I and Concept Plan for 520 South White Chapel Boulevard on property being described as Tract 3E, Hiram Granberry Survey, Abstract No. 581. Current Zoning: AG - Agricultural District. Requested Zoning: SF-20A - Single Family Residential District. SPIN Neighborhood #14. This item was tabled to the June 16, 2009 City Council meeting. Eliw Motion was made to approve consent agenda items 4A; 4C; 4D to appoint Virginia M. Muzyka as Mayor Pro Tern and Laura K. Hill as Deputy Mayor Pro Tern; and to table item 4E to the June 16, 2009 City Council meeting. Motion: Muzyka Second: Hill I Vote on Item 4A: Ayes: Hill, Morris, Muller, Muzyka, Terrell Nays: None IIAbstains: Bledsoe Approved: 5-0-1 I Vote on Items 4C; 4D to appoint Virginia M. Muzyka as Mayor Pro Tern and Laura K. Hill as Deputy Mayor Pro Tern; and to table item 4E to the June 16, 2009 City Council meeting. Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during the public hearing. I -v. REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009 Page 4 of 7 , Agenda Item No. 6A. Ordinance No. 480-584, 2nd Reading (ZA09-008), Zoning Change L ..r and Concept Plan for 630 Shady Oaks Drive on property described as Tract 11A03, T. Hood Survey, Abstract No. 706. Current Zoning: AG - Agricultural. Proposed Zoning: SF-20A — Single Family Residential District. SPIN Neighborhood #6. Director Baker I presented this item to Council. Applicant James Hendrick, 602 Loving Court, Southlake, Texas introduced himself to Council. 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 I CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 11A03, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" SINGLE FAMILY I RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL I 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 I 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 [low NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 480-584, 2nd Reading (ZA09-008), Zoning Change and Concept Plan subject to Concept Plan Review Summary No. 2, dated April 17, 2009. Motion: Muzyka I Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None IApproved: 6-0 Agenda Item No. 7A. Ordinance No. 480-WWW, 1st Reading, Amendment to the I Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy Systems. Planner Cortez presented this item to Council and answered Council's questions. Council discussed this item. Mayor Terrell allowed the public to speak. C Michael Hinkle-Morrison with Texas Solar Systems at 2579 Hail Johnson Road, Grapevine, Texas addressed Council on concerns with the proposed ordinance. L Motion was made to approve Ordinance No. 480-VWVW, 1st Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy Systems asking that staff reduce the permit fee to $50 as noted; asking for I ,,, clarification of implied access to solar; requiring all requests to go through the Specific REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009 Page 5 of 7 . Use Permit process; and asking staff to evaluate the height not only for visibility issues but for safety issues, too, and requiring that documentation be part of the SUP process. Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 7B. Ordinance No. 480-YYY, 1st Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to On-Site Sewage Facility Plans. Director Baker presented this item to Council. Motion was made to approve Ordinance No. 480-YYY, 1st Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to On-Site Sewage Facility Plans. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 9A. Consider SV09-009, Variance to Sign Ordinance No. 704-C for Elko, Garage Outfitters located at 2707 East Southlake Boulevard, Suite 110. Director Baker presented this item to Council and answered Council's questions. Applicant Rob Nitka, 707 East Southlake Boulevard, Southlake, Texas and the representative from Fast Signs, Cruz Torres, answered Council's questions. Motion was made to approve SV09-009, Variance to Sign Ordinance No. 704-C for Garage Outfitters located at 2707 East Southlake Boulevard, Suite 110, extending their banner to July 17, 2009 and allowing a maximum letter height of 20.5 inches on the back of the building. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 9B. Approve award of bid for a construction contract to RJ Construction for the Lonesome Dove Park improvements in the amount of $96,600. Construction Manager Kao presented this item to Council. Council discussed this request. Motion was made to approve award of bid for a construction contract to RJ Construction for the Lonesome Dove Park improvements in the amount of$96,600. Motion: Hill Second: Muzyka REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009 Page 6 of 7 Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None ki., Approved: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:16 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: cep • Lori Payne, TR i City Secretary '• .a° C C C I C C REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009 Page 7 of 7 di Low 111 filismil 'outhlake City Council meeting '410 Public Comment Form Please print. Return c mpleted form to City Secretary prior to start of regular session. C Name: I /A i �� J ' �v. l Date: /9 Or Address: 2 CV / / tL111COA:4 '� - /Z'Phone: 0 /i _ C?/Z ICI I wish to share my views on an Agenda Ite6 °1r 11VE' 0 c I Agenda Item# k Oe//x Ci11il e Vo - �tt ) E/ I will speak in SUPPORT of this item ✓I will speak in OPPOSITION to this item I do not wish to speak, but please record my SUPPORT OPPOSITION I wish to speak during Public Forum on an item not on tonight's agenda Topic: Note: To allow everyone an opportunity to be heard,please limit your comments to 3 minutes. Description City Council meeting - all present I'r Date 5/19/2009 Location Southlake Council Chambers I , City Council meeting - all present Southlake Council Chambers ITime Speaker Note p 5:12:38 PM Mayor called to order the regular meeting 5:15:17 PM Mayor led the pledge of allegiance 5:15:29 PM Mayor read the resolution into the record to canvass the election results - read votes into the record - 5:17:58 PM City Secretary called for the votes - approved 7-0 5:27:11 PM Judge Carol gave the oath of office for Brandon Bledsoe Montgomery I5:29:29 PM Judge Montgomery gave the oath of office for Carolyn Morris I5:31:18 PM Judge Montgomery gave the oath of office for John Terrell 5:33:40 PM Mayor Terrell presented Mayor Wambsganss with a engraved gavel and I 5:35:59 PM Mitzi Long words of thanks presented Mayor Wambsganss with a flag from Representative Vickie Truth I 6:13:49 PM Mayor Terrell 6:14:05 PM Mayor called the meeting back to order I reviewed the agenda items -4a, 4b, 4c, 4d (to discuss during executive session), 4e, I 6:15:17 PM Mayor 7:40:15 PM Mayor called for an Executive Session reconvened meeting and called for any action from executive session le 7:40:24 PM Muzyka asked city attorney to restate the motion from executive session - authorize the mayor to sign an extension of contract with red flex systems which provides the red light camera I system for a term of 15 years from today's date under the existing conditions and if not accomplished within then authorize staff to give notice of two incremental extensions Iextending the term to 2016 (date?) 7:41:31 PM Hill second - approved 6-0 • I 7:42:50 PM Mayor Terrell 7:43:35 PM Hill presented information on Mayor's Report discussed the Game Over event coming up on May 21 and 22 at Carroll High School I 7:44:43 PM Mayor continued presentation on upcoming meetings and gave details. on residents submitting applications for boards and •commission I 7:45:51 PM City Manager Yelverton Financial Report was included in Council packets 7:46:19 PM Mayor read consent agenda items 4a, 4c, 4d to appoint Virginia I Muzyka as mayor pro tern and Laura Hill as deputy mayor pro tern, to table item 4e 7:46:55 PM Muzyka motion to approve consent agenda items I ' 7:46:58 PM Hill second - approved 6-0 7:47:49 PM Director Ken Baker presented item 6a to Council ... law 5/19/2009 2 of 4 L I , City Council meeting - all present Southlake Council Chambers ITime Speaker Note fi 7:50:43 PM Applicant James introduced himself to Council 11111° Hendrick, 602 Loving Court 7:51:28 PM Muzyka motion to approve item 6a subject to review r 7:51:54 PM Hill second -approved 6-0 6 7:52:15 PM Planner Daniel presented item 7a to Council Cortez I 8:07:02 PM Council asked questions of staff regarding size, location, commercial versus residential, solar farms, heights, safety concerns, SUP process I8:24:57 PM Mayor allowed the public to speak 8:25:05 PM Michael Morrison addressed Council on concerns with the proposed ordinance with Texas Solar Systems ki. 8:34:15 PM Council discussed this item again 1 8:35:59 PM Hill motion to approve item 7a askng staff to reduce to $50, move residential and commerical square footage, all requests to go thru SUP, safety issues to be part of SUP process, - after discussion, Hill eliminated the reference to the square footage Isince all requests are going thru the SUP process 8:37:37 PM Morris IQ second - approved item 7a 6-0 8:38:15 PM Director Baker presented item 7b to Council 8:43:06 PM Hill motion to approve item 7b I 8:43:20 PM Muzyka 8:43:38 PM Director Baker second - approved 7b 6-0 presented item 9a to Council 8:54:27 PM Council discussed this request - placement, consistency I 8:55:25 PM Applicant Rob Nitka, answered Council's questions, discussed nature of business 707 East Southlake Blvd I 8:55:54 PM Sign Representative answered Council's questions (did not speak into mic - I could not hear name) I 9:00:01 PM Council asked if staff could check with the center owner to see what is going on with the sign out in front, Shoe Pavilion sign to go away I 9:02:32 PM Muzyka motion to approve item 9a for a period to July 17 and a maximum letter height to 20.5 inches on the back of the bldg I 9:03:03 PM Hill second - approved 6-0 9:03:28 PM Peter Kao presented item 9b to Council A. 9:15:37 PM Hill motion to approve item 9b for$96,600 IIler 5/19/2009 3 of 4 I I City Council meeting - all present Southlake Council Chambers Time Speaker Note ic 9:16:13 PM Muzyka second - approved 6-0 9:16:26 PM Mayor adjourned meeting t I I I I IF r 1 5/19/2009 4 of 4 I . • . 6000 WESTERN PLACE,SUITE 200 TELEPHONE:(817)332-2580 Taylor Olson Adkins Sralla Elam I-30 AT BRYANT-IRVIN ROAD L.L.P. TOLL FREE:(800)318-3400 FORT Worm,TEXAS 76107-4654 °' FACSIMILE:(817)332-4740 :TOASE@TOASE.COM Attorneys Ap Counselors WEBSITE:WWW.TOASE.COM frAIL I E.ALLEN TAYLOR,JR. ExT. 212 • ataylorQtoase.com IMay 19, 2009 ICONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE IVIA HAND DELIVERY Mayor and City Councilmembers 111 City of Southlake 1400 Main Street Southlake, Texas 76092 IRe: Legality of Executive Session Posting ILIN Dear Mayor and Councilmembers: VW You have asked our office to review the executive session posting for the May 19, 2009, I regular city council meeting. It is my understanding that the following executive session has been posted for the requisite time: Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas IA. Government Code,Sections 551.071,551.072,551.073,551.074,551.076,551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at I the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. I1. Section 551.071: Consultation with city attorney a. Seek advice from the city attorney regarding possible extension of Icontract with Redflex Traffis Systems. 1. Section 551.072: Deliberation regarding real property Ia. Discuss the potential purchase of lease of real property for city facilities. I2. Section 551.087: Deliberation regarding economic development negotiations I® a. Economic incentives for businesses. IW:\Southlake\Letters\Mayor&CC Lettersuvfayor&CC.EAT.114.05-19-09wpd.wpd May 19, 2009 Page 2 Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly ' conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: ' 1. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes,Carleo A.Capili and wife,Regina Capili and John R.Griggs and wife,Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004. ' 2.3. Michael Kenny vs. City of Southlake. April 2008. Jayson Steele vs. City of Southlake. August 2008. ' Section 551.072: Deliberation regarding real property The City Council may conduct a closed meeting to deliberate the purchase,exchange,lease or value of real property. Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. ' Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, ' discipline,or dismissal ofpublic officers,including the City Manager,City Secretary,City Attorney, Municipal Judge and some city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. ' Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of ' security personnel or devices. Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. I W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.114.05-19-09wpd.wpd May 19, 2009 Page 3 ' Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates ' to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4)that relates to details of the encryption codes or security keys ' for a public communication system; 5)that relates to a terrorism-related report to an agency of the United States;6)that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7)that relates to information regarding security measures or security systems ' intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. ' Section 418.106(d)& (e): Local meetings to discuss emergency management plans regarding pipeline safety I The City Council may discuss emergency management plans involving pipeline safety and/or security ofpipeline infrastructures or facilities when those plans or discussions contain such sensitive information. ' The purpose of this letter is to provide an opinion whether the city council may legally discuss the above-referenced topics in executive session. Based upon the guidelines we have previously supplied the city council, and subject to the discussion below, we conclude that all the ' posted items fall within an exception to the Open Meetings Act, Government Code, Chapter 551. Therefore,discussion on these matters may legally occur in closed session. In addition,this opinion extends to any legal advice given to the council in executive session. ' It is appropriate for the council to receive legal advice from our office about any of the above listed lawsuits or claims. Further, it is appropriate for the council to discuss in executive session the exchange, lease or value of real property under Section 551.072 if the city council reasonably believes that deliberation in open session would have a detrimental effect on the city's negotiations for that ' property. Additionally, it is appropriate for the council to deliberate in executive session a negotiated contract for a prospective gift or donation under Section 551.073 if the city council reasonably believes that deliberation in an open meeting would have a detrimental effect on the position of the city. Under Section 551.074,the city council may deliberate the appointment or employment of a city officer, or employee. Under Attorney General opinions rendered in different contexts, the IW:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.114.05-19-09wpd.wpd May 19, 2009 Page 4 ' Attorney General has concluded that personnel discussions under this section must pertain to an individual, rather than a class of employees. Further, under Section 551.074, the city council may deliberate the appointment, employment,evaluation,reassignment,duties,discipline,or dismissal of a city officer,including the city manager and city secretary. If you have any additional questions or concerns,please feel free to contact our office. Sincerely, E. Allen Taylo ,f r. ' EAT/ds cc: Shang Yelverton City of Southlake I ew 1400 Main Street Miry Suite 460 Southlake, Texas 76092 ' Lori Payne City of Southlake ' 1400 Main Street Suite 270 Southlake, Texas 76092 I11) W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.114.05-19-09wpd.wpd I I ' to1 F1 U � -Ici-oGi L f�(' a0 , (,U(.441 41-tS Solar Ordinance Concerns - - TEXAS SOLAR SYSTEMS • Size • Lo cation • Height 5/19/2009 texassolarsystems.biz I Southiake Solar Ordinance Sizing Limitations TEXAS SOLAR SYSTEMS SIZE Residential Non-Residential Solar Accessory (34.5) Ground Mounted 200 sf 500 sf Roof Mounted 200 sf Unlimited Solar SUP* (45.17) Ground Mounted 400 sf 1000 sf Roof Mounted 400 sf Unlimited 5/19/2009 texassolarsystems.biz WI rill PM Pull PM Southlake Sample Homes for Solar TEXAS SOLAR SYSTEMS . • .. - 1 , , , - , . , ) " j isa 1 . •4:1.(eihe , ,. 41 4 r ' -. ,\ / 4 0'i 1 a A reer ...'' 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'• : tot'( . ,.. J i . 8.:^ : . ' iv \ 11 „.,.. ir : ,or ),,,, 4 r;,. ow, . a 4. '', 11114111\- -..... i . 911 Midland Creek Drive, Southiake `A ' Home Size -- 2,620 sf eery 02469 U.S. Geological Survey, Map data 72649 Tele Atlas 2,Terms of Use I Name: Save 1 i ----------- L Segment 1 Potential it Power per Sq. Ft. Area Orientation ji Total Peak Power Delete Calculate 91% 11.84 Watts DC 913 Sq. Ft 194.5° (S) 10818.61 Watts DC h. E 5/19/2009 texassolarsystems.biz Southlake Home I:L.11 Available Roof Area for Solar- b TEXAS SOLAR SYSTEMS 121 4 leo v m b. — r, - - S 7 • ' 936 Midland Creek Drive, Southlake `" a _ Home Size — 2,400 sf I rr geru kr2i I9 U S Geglc_ . ,surrey;Maprdata62CC9Te n Term clUS'e` Name: ---- ----- ----- Segment Potential Power per Sq. Ft. Area Orientation Total Peak Power Delete iF Calculate 94% 12.25 Watts DC 777 Sq. Ft 183.2° (S) 9515.04 Watts DCj r•i] 1 5/19/2009 texassolarsystems.biz Tri -county Baseloads 3 — 111 So/ar Sq u are Fo o tage TEXAS SOLAR % Electricity Generated by Solar Home sf Kwh Baseload/mo 25% 50% 75% 100% Baseload Bill @12.5C 5000 3600 $450 592sf 1184sf 1776sf 2369sf 4000-5000 2900 $362 474sf 948sf 1421sf 1945sf 3500-4000 2600 $325 474sf 829sf 1302sf 1658sf 2500-3000 1680 $210 305sf 591sf 829sf 1184sf Array Size in Square Feet (sf) Baseload — average monthly electrical usage excluding surge usage tied to cooling and heating (heat pump). Assumptions — 12watt per sf (Evergreen 205w Panels) 5/19/2009 texassolarsystems.biz = vPRII w -w t Southlake Ordinance Size Recommendation TEXAS SOLAR SYSTEMS • No limitation on the size of the Solar Array — Space limitation on ground or roof will limit size — Budget will limit size — The technology is continually changing. • Future == More wattage per square foot • This means == — more renewable energy available on a household basis — value of solar increasing over time — more wattage / sf (i.e. — computer memory chips) 5/19/2009 texassolarsystems.biz !IS A A l Southlake Solar Ordinance Location V i s i b i l i tv Limitations TEXAS SOLAR SYSTEMS SIZE Residential Non-Residential Solar Accessory (34.5) Ground Mounted Front Yard = NO Front Yard = NO Side = 10' Easement Side = 25' Easement Height = 6' Height = 6' Not Viewable fm ROW Not Viewable fm ROW Roof Mounted Not Viewable fm ROW Not Viewable fm ROW Solar SUP* (45.17) Ground Mounted Front Yard = NO Front Yard = NO Side = 10' Easement Side = 40' Easement Height = 6' Height = 6' Not Viewable fm ROW Not Viewable fm ROW Roof Mounted Not Viewable fm ROW Not Viewable fm ROW 5/19/2009 texassolarsystems.biz Resident . „ �. system I p— Vis/bilit 4, If _ *p.. .. ... ...... 4� `d „As So��SYSTEM S •� • .. v -909 MIdtand Leek Dr, . +, ! , Sauthiake, TX 7g09 2 0 .cam s� , -,,„ « m .,.. NI • y f , Ayr vs, is • � spa /� �� • N wax. ‘ teX ssotafsystE - - b ,*.:' two rum roe row rim some I i Residential lir.- ......11 ..... System VisibilityTEXAS SOLAR SYSTEMS I .1.: rr" Nettleton , �. ~... *+ r / 940 Midland Creek oCQp Southlake,TX 76092 Ak .i..... i if +i. ++ , � v ig ... t.., � ii- ., 4 „: iir qr . 4 ft .:,,......7":„..,:: ' -,. 5/19/2009 texassolarsystems.biz - r r r r IF r I r + I r ► - r r _ r T 1 ( i 1111111 Non - Residential 351L." Syste m Vi s i b il ity TEXAS SOLAR SYSTEMS 114 ...Ism.. 1 1 ' At. • ,, N Al. r I El f!t ! !r, .,t , a: ' 'r 'Itte!-t:!_F,� a. `', r. 8 ► rr rF� t ' �f eft.��rh�j i J r t tlki x ` Itj S� t y4fTft . r w o fl +ips `N• ',i` r ,r Lowe 0 L w P. 1.1 1i�t_� �� ►Y �, f •, .Porte�" ti R 4ry �4t > •535 It 5/19/2009 texassolarsystems.biz 11 •1 W I"" 1 Southiake Ordinance Visibility Recommendation TEXAS SOLAR SYSTEMS • Residential -- No limitation — Residential — Tall roof-tops are easily viewable • Non - residential — Use same ordinance as for roof mounted AC and Satellite . Solar doesn't look like the old dishes of the past. texassolarsystems.biz FreeFoto.c*m • I N 11� 4l '� w�r I ri .. j '$ _ ii 44 rem i i+ n ' 1 , `}' ` um 1,'" ", % `err � I lik,,,, 1 „„ ,-:„,:,,,, k am E, x ' ' T !1 ;t, :.'._,. .,.., NJ VI ..l,t i 1 i rcu �, 1. ,ilit .!`,.',-.4-,':,.. ..''',,1',S,±1.' . ' ' i ri„:'.,,,-::., ,,'.1:4.1,,,,..,,,,,:: `t A �' � >a i'�f-.. rz F ., ,' ' -tio - -'a I ..a. t 5 C 4 I3 1 k ;+tF $10 6 _ y - - ..-. I p I 0 F t IP I V Southiake Ordinance —41 Height Recommendation TEXAS SOLAR SYSTEMS • No limitation on the height of solar awning ( less than 14' ) — Detached Awning / Patios / Pergolas allow homeowner's to install solar when house is not located in a ideal direction (south ) — Solar Awning / Patios / Pergolas are safer when higher -- with all electrical connections high and out of reach o ' -- children and vandals . texassolarsystems.biz A wr AR I Ulm MI NMI Solarp In ut - - TEXAS SOLAR SYSTEMS • Size — No Limitation — available roof area and budget will limit • Location — Residential — No Limitation on location on residence roof — Non-Residential — Follow existing rooftop ordinances for AC and Satellite. • Height — Low residential installations could be safety / vandal hazard . 5/19/2009 texassolarsystems.biz ` < ' CITY OF SOUTHLAKE • TEXAS ' REGULAR CITY COUNCIL MEETING: MAY 19, 2009 ' LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall ' WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: Linda Pallone, Chaplain of the Month 3. Resolution No. 09-022, Canvass the returns and declare the results of the General and Special Elections held on May 9, 2009. 4. Special recognition for City Councilmember Vernon Stansell • 5. Oaths of Office for Mayor, Place 2 and Place 3 and reception following 6. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or immediately following the work session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551 .071, 551.072, 551.073, 551.074, t 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at ' any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1 . Section 551.071: Consultation with city attorney a. Seek advice from the city attorney regarding possible ' extension of contract with Redflex Traffic Systems. 2. Section 551.072: Deliberation regarding real property ' a. Discuss the potential purchase or lease of real property for city facilities. ' 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. I. City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 19, 2009 Page 2 of 5 B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events B. City Manager's Report 1. Finance Report C. Library Board Report CONSENT AGENDA: All items listed below are considered to be routine by the City ` Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: t A. Approve pp a minutes from the May 5, 2009 regular City Council meeting. B. This item was intentionally left blank. C. Ordinance No. 956, 1st Reading, Dedicating an easement on City owned ' property at 600 State Street for the purpose of providing electrical service • to the new DPS Headquarters site. (If approved on first reading, a public ' hearing will be held on June 2, 2009.) D. Resolution No. 09-023, Appoint a Mayor Pro Tem and a Deputy Mayor Pro Tern. E. Ordinance No. 480-579, 1st Reading (ZA08-062), Zoning Change and ' Concept Plan for 520 South White Chapel Boulevard on property being described as Tract 3E, Hiram Granberry Survey, Abstract No. 581. Current Zoning: AG - Agricultural District. Requested Zoning: SF-20A - I Single Family Residential District. SPIN Neighborhood #14. THIS ITEM HAS BEEN TABLED TO THE JUNE 16, 2009 CITY COUNCIL MEETING. REGULAR AGENDA: ' 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.) 6. Ordinances, second readings, public hearings, and related items: ' A. Ordinance No. 480-584, 2nd Reading (ZA09-008), Zoning Change and Concept Plan for 630 Shady Oaks Drive on property described as Tract Igh11A03, T. Hood Survey, Abstract No. 706. Current Zoning: AG - City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 19, 2009 Page 3 of 5 Agricultural. Proposed Zoning: SF-20A — Single Family Residential District. SPIN Neighborhood #6. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-WWW, 1st Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy Systems. (If this item is approved on first reading, a public forum will be held on June 2, 2009.) B. Ordinance No. 480-YYY, 1st Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to On-Site Sewage Facility Plans. (If this item is approved on first reading, a public forum will be held on June 2, 2009.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Consider SV09-009, Variance to Sign Ordinance No. 704-C for Garage Outfitters located at 2707 East Southlake Boulevard, Suite 110. B. Approve award of bid for a construction contract to RJ Construction for the Lonesome Dove Park improvements in the amount of $96,600. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, May 15, 2009, by 6:00 p.m., 0 pursuant to the Texas Government Code, Chapter 551. 'ka y-(lyC,S dd:d p,,f atzt._ 1/4 • Lori Payne, T C _ r 4' s cn City Secretary �? If you plan to attend this 151.1b)jpiettOtitig and have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork • City of Southlake City Council meeting agenda May 19, 2009 Page 4 of 5 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004. 2. Michael Kenny vs. City of Southlake. April 2008. 3. Jayson Steele vs. City of Southlake. August 2008. ' Section 551.072: Deliberation regarding real pr operty q p operty The City Council may conduct a closed meeting to deliberate the purchase, exchange, 6 lease or value of real property. ' Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. ' Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, ' reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in ' the City Secretary's Office. Section 551.076: Deliberation regarding security devices ' The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. ' Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. City of Southlake values: ' Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 19, 2009 Page 5 of 5 Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism-related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. I I I I I I ,0 City of Southlake values: 1 Integrity♦ Innovation • Accountability• Commitment to Excellence ♦ Teamwork I CITY OF ( SOUTHLAKE TEXAS AUDIT COMMITTEE MEETING: MAY 5, 2009 LOCATION: Southlake Town Hall Executive Conference Room 1400 Main Street, 2nd Floor Southlake, Texas 76092 TIME: 4:30 p.m. 1. Call to order. 2. Discussion of 2009 Comprehensive Annual Financial Report. 3. Adjournment. A quorum of the City Council may or may not be present at this meeting. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, May 1 , by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551 . joa. ,„ss`Gp")...1.,,,,,,,,,,,,,, Lori Payne, TT C _ >-i 7c City Secretary 0 r If you plan to attend this publicineetittrwikd have a disability that requires special needs, please advise the City Secretary's d'ff1L'" 18 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork