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2009-06-16 CC Packet CITY OF L*4* S TEXASOUTH LAKE REGULAR CITY COUNCIL MEETING MINUTES: JUNE 16, 2009 LOCATION: 1400 Main Street, Southlake, Texas 3rd Floor Training Rooms in Town Hall CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Virginia M. Muzyka, Deputy Mayor Pro Tern Laura K. Hill, and Councilmembers Brandon Bledsoe, Carolyn Morris, and Pamela A. Muller. CITY COUNCIL ABSENT: Councilmember Gregory Jones. 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, Assistant to the City Manager Alison Ortowski, Director of Community Services Chris Tribble, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Deputy Director of Finance Sean Leonard, Municipal Court Supervisor Leah Huff, Municipal Judge Carol Montgomery, Director of Human Resources Kevin Hugman, Director of Information Technology Dale Dean, (fibre Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Planner II Clayton Comstock, Planner II Richard Schell, Chief of Police Services Robert Finn, Deputy Director of Police Services Rusty Daniels, Lieutenant Ashleigh Douglas, Chief of Fire Services Mike Starr, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick, Civil Engineer Michael James, Civil Engineer Michelle McCullough, Civil Engineer Cheryl Taylor, City Attorney Tim Sralla, and City Secretary Lori Payne. WORK SESSION: During the work session, City Council held a joint meeting with members of the Planning and Zoning Commission and the Carroll Independent School District Board Members. PLANNING AND ZONING COMMISSION MEMBERS PRESENT: Chairman Al Morin, Jeff Wang, Brigham McCown, Robert Hudson, Michael Springer, and Darrell Faglie. CARROLL INDEPENDENT SCHOOL DISTRICT BOARD MEMBERS PRESENT: President Erin Shoupp, Vice-President Sherri Williams, John Thane, Sue Armstrong, Craig Rothmeier, Bernie Ausdenmoore and Read Ballew. Superintendent Dr. David Faltys was also in attendance. Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell at 5:06 p.m. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 16, 2009 Page 1 of 15 Agenda Item No. 2. Invocation. Chaplain of the Month, Linda Pallone, gave the invocation. Mayor Terrell led the pledge of allegiance. ■ Agenda Item No. 3. Joint meeting with the Planning and Zoning Commission and the Carroll Independent School District Board members to discuss CISD bond projects specifically the new middle school and elementary school. John Blacker with Hart, ■ Gaugler & Associates and John Haugen with Natex Corporation Architects presented preliminary information on the two school projects and answered questions. ■ Mayor Terrell called for a break at 5:59 p.m. and reconvened the work session at 6:12 p.m. ■ City Manager Yelverton announced there are technical difficulties with the Council Chambers which prohibit the meeting being held there. The entire City Council meeting will be held in the 3rd Floor Training Rooms. ■ Agenda Item No. 4. Discuss all items on tonight's meeting agenda. Council reviewed the consent agenda items. The Council removed item 4L from the consent agenda. ■ Mayor Terrell closed the work session at 6:19 p.m. ■ REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor V Terrell at 6:19 p.m. Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with 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 6:19 p.m. Executive Session began at 6:50 p.m. and ended at 7:30 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:50 p.m. and asked if any action was necessary from Executive Session. Motion was made to adopt an amendment to the agreement between the City of Southlake and Redflex Traffic Systems as discussed in Executive Session and as prepared by our City Attorney. Motion: Muzyka Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, JUNE 16, 2009 Page 2 of 15 Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Agenda Item 3B. City Manager's Report. No report was given. Agenda Item 3B1. City Manager's Report - Finance Report. A written report was in Council's packet. 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 June 2, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Approve a Community Services Agreement with Bob Jones Nature Center organization. No presentation was made on this item. Agenda Item No. 4C. Approve a Local Project Advance Funding Agreement (LPAFA) with TxDOT for funding of Safe Routes to School Project. No presentation was made on this item. Agenda Item No. 4D. Approve an Interlocal Agreement with Tarrant County for the purchase of liquid asphalt. No presentation was made on this item. Interlocal A reement between the cities of Bedford, Agenda Item No. 4E. Approve anq Euless, Grapevine, Hurst, North Richland Hills, Haltom City, Keller, Watauga, Richland Hills, Roanoke, and Colleyville for police training. No presentation was made on this item. Agenda Item No. 4F. Consider SV09-012, Variance to Sign Ordinance No. 704-C for Durham Intermediate School and Durham Elementary School located at 801 Shady Oaks Drive. No presentation was made on this item. Agenda Item No. 4G. Ordinance No. 704-D, 1st Readinq, Amendment to Sign Ordinance No. 704-C, as amended. No presentation was made on this item. Agenda Item No. 4H. Approve a professional services contract with Schrickel, Rollins and Associates, Inc. for the engineering and design of north multi-purpose fields and related improvements. City Manager Yelverton briefly discussed this item with Council. Agenda Item No. 41. Approve a thirty-six month lease agreement for seven Harley Davidson Electra Glide Police Traffic Enforcement Motorcycles with Texas Harley Davidson in the amount of$73,500. No presentation was made on this item. I Lisw REGULAR CITY COUNCIL MEETING MINUTES, JUNE 16, 2009 Page 3of15 I Agenda Item No. 4J. Ordinance No. 956, 1st Reading, Appoint a Municipal Judge and authorize the Mayor to execute an agreement with the Municipal Judge and provide an - effective date. No presentation was made on this item. Agenda Item No. 4K. Consider SV09-010, Variance to the Southlake Town Square Conditional Sign Permit for Bank of America located at 112 State Street, Suite 207. No presentation was made on this item. Agenda Item No. 4L. Consider SV09-011, Variance to the Shops of Southlake Conditional Sign Permit for GameStop located at 1251 East Southlake Boulevard, Suite 351. This item was removed from the consent agenda and was considered following the Public Forum. Agenda Item No. 4M. Consider a variance to the Lighting Ordinance No. 693-B for Dragon Stadium being described as Carroll I.S.D. No. 6 Addition and being located at 1085 South Kimball Avenue. No presentation was made on this item. Agenda Item No. 4N. ZA09-015, Plat Revision for Lots 7R1 and 7R2, Simmons Forest Addition being a revision of Lot 7, Simmons Forest Addition, and being located at 809 and 811 Simmons Court. Current Zoning: SF1-A Single Family Residential District. SPIN Neighborhood #1. No presentation was made on this item. Council approved this item subject to the applicant's willingness to place a ten-foot pedestrian easement along Lots 7R1 and 7R2 and granting a variance to the sidewalk requirement. consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; 4H; 41; '`•� Motion was made to approve g , 4J; 4K; 4M; and 4N subject to the applicant's willingness to place a ten-foot pedestrian easement along Lots 7R1 and 7R2 and granting a variance to the sidewalk requirement. Motion: Hill Second: Muyzka 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 forum. Agenda Item No. 4L. Consider SV09-011, Variance to the Shops of Southlake Conditional Sign Permit for GameStop located at 1251 East Southlake Boulevard, Suite 351. Director Baker presented this item to Council. Applicant David Palmer of Cencor Realty, 3102 Maple Avenue, Dallas, Texas answered Council's questions on this item. Council discussed this item. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 16, 2009 Page 4 of 15 g Motion was made to approve SV09-011, Variance to the Shops of Southlake Conditional Sign Permit for GameStop located at 1251 East Southlake Boulevard, Suite 351 with the requested variance of 22-inches versus 18-inches on the "G" and the "S." Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6A. Ordinance No. 480-582, 2nd Reading (ZA08-091), Zoning Change and Concept Plan for Glosser Addition on property being described as Tracts 3B and 3B1, J. Childress Survey, Abstract No. 522 and Concept Plan for Glosser Addition on property being described as Tracts 3B and 3B1, J. Childress Survey, Abstract No. 522 and Lot 7, Block 1, Cedar Oaks Estates being located at 1680 North Peytonville Avenue, 1640 North Peytonville Avenue and 1800 Sleepy Hollow Trail. Current Zoning: AG Agricultural District and SF-1A Single Family Residential District. Requested Zoning: SF-1A Single Family Residential District and SF-2 Single Family Residential District. SPIN Neighborhood #5. Director Baker presented items 6A and 6B simultaneously to Council. Applicant Keith Hamilton, 8241 Mid-Cities Boulevard, North Richland Hills, Texas answered Council's questions. In accordance with Section 4.21 of the CityCharter, 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 TRACTS 3B & 3B01, J.H. CHILDRESS SURVEY, ABSTRACT NO. 253, SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 10.2 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-2" SINGLE-FAMILY 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 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. Mayor Terrell opened the public hearing. He read a comment card from Nancy Jackson, 1240 Post Oak Trail, Southlake, Texas who recorded her support of this request. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 16, 2009 Page 5of15 Mayor Terrell closed the public hearing. Council discussed this request. A member of the public requested to speak so Mayor Terrell re-opened the public hearing. Tom Murphy, 1303 Plantation Drive, Southlake, Texas asked a question of Council regarding a flag lot. Ved Aggarwal, 1804 Leeds Drive, Southlake, Texas is purchasing the property in the front to build a home for him and his family. Ralph Niemergood, 1305 Plantation Drive, Southlake, Texas thanked Council for their efforts on this item. Mayor Terrell closed the public hearing. Motion was made to approve Ordinance No. 480-582, 2nd ReadingZA08-091), Zoning PP � Change and Concept Plan for Glosser Addition noting that a condition be placed on Lot 2 requiring the access easement be filed with the County before building; including the sidewalk agreement which is on file; approving the requested variance for the requirement of every lot fronting on a public street; and subject to Concept Plan Review Summary No. 3, dated May 11, 2009. 'fir.► Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Muzyka, Terrell Nays: Morris, Muller Approved: 4-2 Agenda Item No. 6B. ZA08-110, Preliminary Plat for Glosser Addition being Tracts 3B and 3B01, J.H. Childress Survey, Abstract No. 253 and Lot 7, Block 1, Cedar Oaks Estates being located at 1680 North Pevtonville Avenue, 1640 North Pevtonville Avenue and 1800 Sleepy Hollow Trail. Current Zoning: AG Agricultural District and SF-1A Single Family Residential District. Proposed Zoning: SF-1A Single Family Residential District and SF-2 Single Family Residential District. SPIN Neighborhood #5. Director Baker presented items 6A and 6B simultaneously Council. Applicant Keith Hamilton, 8241 Mid-Cities Boulevard, North Richland Hills, Texas answered Council's questions. Motion was made to approve ZA08-110, Preliminary Plat for Glosser Addition being Tracts 3B and 3B01, J.H. Childress Survey, Abstract No. 253 and Lot 7, Block 1, Cedar Oaks Estates being located at 1680 North Peytonville Avenue, 1640 North Peytonville Avenue and 1800 Sleepy Hollow Trail and subject to Plat Review Summary No. 3, dated May 11, 2009. Motion: Hill Second: Muzyka .r REGULAR CITY COUNCIL MEETING MINUTES, JUNE 16, 2009 Page 6 of 15 Ayes: Bledsoe, Hill, Muzyka, Terrell YY , Nays: Morris, Muller "' Approved: 4-2 Agenda Item No. 6C. Ordinance No. 480-510a, 2nd Reading (ZA09-013), Zoning Change and Development Plan for Statham/Eddins property, being Lots 1 and 2, R.D. Price No. 1207 Addition and Tract 7, Rees D. Price Survey, Abstract No. 1207 and being located at 2988, 3000, and 3010 Burney Lane. Current Zoning: SF-1A Single Family Residential District and R-PUD Residential Planned Unit Development. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #2. Planner Comstock presented items 6C and 6D simultaneously to Council. Applicant Ron Eddins, 3001 Native Oak, Flower Mound, Texas made a presentation and answered Council's questions. 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 LOTS 1 AND 2, R.D. PRICE NO. 1207 ADDITION AND TRACT 7, REES D. PRICE SURVEY, kw ABSTRACT NO. 1207, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AND "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT 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. Mayor Terrell opened the public hearing. He read comment cards from people who registered their opposition: Steve and Mary Curtis, 3580 Burney Lane, Southlake, Texas; and, Jay Hartman, 3540 Carmel Court, Southlake, Texas. Mayor Terrell also read a comment card from a person who registered his support: David George, 2980 Burney Lane, Southlake, Texas. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 16, 2009 Page 7 of 15 f C ° Mayor Terrell closed the public hearing. L 4°V Council discussed this request. Motion was made to approve Ordinance No. 480-510a, 2nd Reading (ZA09-013), Zoning Change and Development Plan for Statham/Eddins property subject to Development Plan Review Summary No. 3, dated June 10, 2009 adding the additional changes to previously noted changes from applicant; requiring the pool filtration system to be a cartridge-type; allowing no horses or equestrian uses; and subject to staff's presentation tonight. Motion: Bledsoe Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6D. ZA09-014, Plat Revision for Lots 1 R and 2R, R.D. Price No. 1207 Addition being a revision of Lots 1 and 2, R.D. Price No. 1207 Addition and Tract 7, Rees D. Price Survey, Abstract No. 1207 and being located at 2988, 3000, and 3010 Burney Lane. Current Zoning: SF-1A Single Family Residential District and R-PUD Residential Planned Unit Development. SPIN Neighborhood #2. Planner Comstock presented items 6C and 6D simultaneously to Council Ea Motion was made to approve ZA09-014, Plat Revision for Lots 1 R and 2R, R.D. Price No. 1207 Addition being a revision of Lots 1 and 2, R.D. Price No. 1207 Addition and Tract 7, Rees D. Price Survey, Abstract No. 1207 and being located at 2988, 3000, and 3010 Burney Lane subject to Plat Review Summary No. 3, dated June 10, 2009. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6E. Ordinance No. 480-777, 2nd Reading, Amend the Comprehensive Zoning Ordinance No. 480, Section 44.12 (1), as amended, Special Exceptions Use, as it pertains to the regulations for servants or family quarters. Deputy Director Killough presented item 6E to Council and answered questions. Council discussed this request and decided to table it to allow staff time to research additional issues. Mayor Terrell opened the public hearing and no one spoke. Mayor Terrell closed the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 16, 2009 Page 8 of 15 g ' ' Motion was made to table to the July 21, 2009 City Council meeting Ordinance No. 480- # ZZZ, 2nd Reading, Amend the Comprehensive Zoning Ordinance No. 480, Section L1°' 44.12 (1), as amended, Special Exceptions Use, as it pertains to the regulations for servants or family quarters. Motion: Muzyka ISecond: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None I Approved: 6-0 Agenda Item No. 6F. Resolution No. 09-040, (ZA09-019) Specific Use Permit for IPristine Motor Cars for sales and service of used automobiles, trucks and motorhomes per Zoning Ordinance No. 480, Section 45.1(22) on property described as Lot 4R, Block C, North Davis Business Park and being located at 2105 Greenbriar Drive. Current Zoning: 11 Light Industrial District. SPIN Neighborhood #10. Deputy Director Killough presented item 6F to Council and answered questions. Applicant John Avery, 1075 IWest Dove Road, Southlake, Texas answered Council's questions. 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, ro‘ir GRANTING A SPECIFIC USE PERMIT FOR SALES AND SERVICE OF USED AUTOMOBILES, TRUCKS, OR MOTORHOMES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2105 GREENBRIAR DRIVE, BEING I LEGALLY DESCRIBED AS LOT 4R, BLOCK C, NORTH DAVIS BUSINESS PARK, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED I HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. Mayor Terrell opened the public hearing and no one spoke. Mayor Terrell closed the Ipublic hearing. Motion was made to approve Resolution No. 09-040, (ZA09-019) Specific Use Permit I for Pristine Motor Cars for sales and service of used automobiles, trucks and motorhomes for a period of three (3) years and noting applicant's agreement to keep all sales, storage and displays be inside the building. I Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell I Nays: None Approved: 6-0 Mayor Terrell called for a break at 9:15 p.m. and reconvened the meeting at 9:30 p.m. Agenda Item No. 7A.This item was intentionally left blank. I ft- REGULAR CITY COUNCIL MEETING MINUTES, JUNE 16, 2009 IPage 9 of 15 C Agenda Item No. 7B. Ordinance No. 480-586, 1st Reading (ZA09-016), Zoning Change and Concept Plan for 1080 Primrose Lane on property being described as Tract 2C4A, Absolom H. Chivers Survey, Abstract No. 299. Current Zoning: AG — Agricultural District and SF-1A Single Family Residential District. Requested Zoning: SF -20A Single Family Residential District. SPIN Neighborhood #3. Deputy Director Killough presented item 6F to Council and answered questions. Applicant Casey Litaker and Janice Grant-Litaker, 707 Malton Lane, Southlake, Texas answered Council's questions on this item. Motion was made to approve Ordinance No. 480-586, 1st ReadingZA09-016 Zoning ( ), Change and Concept Plan for 1080 Primrose Lane noting the variances that were approved by the Zoning Board of Adjustment and subject to Revised Concept Plan Review Summary No. 1, dated June 8, 2009. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 7C. Ordinance No. 480-587, 1st Reading (ZA09-020), Zoning Change and Concept Plan for 2000 Shady Oaks Drive on property being legally described as Lot C, Block 1, Old Orchard Country Estates. Current Zoning: SF-1A Single Family Residential District. Proposed Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #5. Deputy Director Killough presented item 7C to Council. Applicant E., r Keith Hamilton, 8241 Mid-Cities Boulevard, North Richland Hills, Texas answered Council's questions. Property owner Dr. Sayad Jamal answered Council's questions. Motion was made to approve Ordinance No. 480-587, 1st Reading (ZA09-020), Zoning Change and Concept Plan for 2000 Shady Oaks Drive asking the applicant to consider granting an easement for a sidewalk and subject to Concept Plan Review Summary No. 1, dated May 27, 2009. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 7D. 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 Single Family Residential District. SPIN Neighborhood #10. Deputy Director Killough presented item 7C to Council. Applicant Bill LaFavers, 620 South White Chapel Boulevard, Texas answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 16, 2009 Page 10 of 15 Motion was made to approve Ordinance No. 480-579, 1st Reading (ZA08-062), Zoning Change and Concept Plan for 520 South White Chapel Boulevard subject to Concept Plan Review Summary No. 2, dated January 15, 2009. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.074, deliberation regarding personnel matters. City Council adjourned for Executive Session at 10:06 p.m. Executive Session began at 10:12 p.m. and ended at 10:50 p.m. Mayor Terrell reconvened the regular meeting at 11:12 p.m. Agenda Item No. 8A. Resolution No. 09-029, Appoint members to the Building Board of Appeals. 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, APPOINTING MEMBERS TO THE BUILDING BOARD OF APPEALS; PROVIDING (1 FOR THE TERMS; PROVIDING FOR QUALIFICATIONS OF MEMBERS IN ACCORDANCE WITH ORDINANCE NO. 622; AND PROVIDING AN EFFECTIVE Norr DATE. Motion was made to approve Resolution No. 09-029, Appoint members to the Building Board of Appeals to appoint Bob Lee to Place 1 with a term ending May 2011. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 8B. Resolution No. 09-030, Appoint members to the Joint Utilization Committee. 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, APPOINTING MEMBERS TO THE JOINT UTILIZATION COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 09-030, Appoint members to the Joint Utilization Committee to appoint Virginia M. Muzyka to Place 5 with a term ending May 2011 and Laura K. Hill to Place 6 to fill an unexpired term ending May 2010 (due to the resignation of John Terrell). REGULAR CITY COUNCIL MEETING MINUTES, JUNE 16, 2009 Page 11 of 15 Motion: Muzyka Second: Hill k- Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 8C. Resolution No. 09-031, Appoint members to the Library Board. 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, PROVIDING FOR THE APPOINTMENT OF MEMBERS TO SERVE ON THE LIBRARY BOARD AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 09-031, Appoint members to the Library Board to appoint June Koelker to Place 4, Kimberly Roberts to Place 5, Emily Galpin to Place 6, and Vicki Kight to Place 7 all with terms ending May 2011. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 CAgenda Item No. 8D. Resolution No. 09-032, Appoint members to the Metroport Teen maw Court Advisory Board. 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, APPOINTING MEMBERS TO THE METROPORT TEEN COURT ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 09-032, Appoint members to the Metroport Teen Court Advisory Board to appoint Sandra Sobocinski as a citizen representative, Timothy Reilley as a citizen representative, and Laura K. Hill as a City Council representative all with terms ending May 2011. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 8E. Resolution No. 09-033, Appoint members to the Parks and Recreation Board. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, JUNE 16, 2009 Page 12 of 15 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE PARKS AND RECREATION BOARD AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 09-033, Appoint members to the Parks and Recreation Board to appoint Elaine Cox to Place 1; Julie Landesberg to Place 2; John Slocum to Place 3; Tina Wasserman to Place 8; and Kevin Smith to Place 9 all with terms ending May 2011. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 8F. Resolution No. 09-034, Appoint members to the Planning and Zoning Commission. 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, APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION AND PROVIDING AN EFFECTIVE DATE. EMotion was made to approve Resolution No. 09-034, Appoint members to the Planning and Zoning Commission to appoint Darrell Faglie, Robert Hudson, and Michael Springer t all with terms ending May 2011. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 8G. Resolution No. 09-035, Appoint members to the Senior Advisory Committee. 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, APPOINTING MEMBERS TO THE SENIOR ADVISORY COMMISSION AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 09-035, Appoint members to the Senior Advisory Committee to appoint David Baltimore to Place 4; Marge Kyle to Place 7; and Cleta Pierce to Place 8, Alternate 1 all with terms ending May 2011. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None I ft- REGULAR CITY COUNCIL MEETING MINUTES, JUNE 16, 2009 Page 13 of 15 E - Approved: 6-0 ,s' •' Agenda Item No. 8H. Resolution No. 09-036, Appoint members to the Southlake Arts Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: IA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO A SOUTHLAKE ARTS COUNCIL; AND PROVIDING AN IEFFECTIVE DATE. Motion was made to approve Resolution No. 09-036, Appoint members to the Southlake IArts Council to appoint Leslie Bartlett to Place 1; Jon Calvert to Place 3; Karen Chidiac to Place 5; Deborah Frazier to Place 7; Merlene Ingraham to Place 8, Alternate 1; and Fariba Parmer to Place 10, Alternate 3 all with terms ending May 2011. Motion: Muzyka Second: Hill C Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 81. Resolution No. 09-037, Appoint members to the Southlake Parks Development Corporation. In accordance with Section 4.21 of the City Charter, the kr caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. I Motion was made to approve Resolution No. 09-037, Appoint members to the Southlake Parks Development Corporation to appoint Carolyn Morris and Virginia M. Muzyka as City Council member representatives and Sherry Berman and Deborah Frazier as I citizen representatives all with terms ending May 2011. Motion: Muzyka Second: Hill I Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 IAgenda Item No. 8J. Resolution No. 09-038, Appoint members to the Zoning Board of Adiustment. 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, [ APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT; NAMING A CHAIRMAN AND A VICE-CHAIRMAN; AND PROVIDING AN EFFECTIVE DATE. Lila° REGULAR CITY COUNCIL MEETING MINUTES, JUNE 16, 2009 Page 14 of/5 r . . Motion was made to approve Resolution No. 09-038, Appoint members to the Zoning e Board of Adjustment to appoint D. Todd Parrish to Place 2; Laird Fairchild to Place 3; I i' Michael Waldman to Place 5; Lewis Miltenberger to Place 6, Alternate 1; Lisa Amend to Place 7, Alternate 2; and Michael Forman to Place 8, Alternate 3. City Council also named D. Todd Parrish as Chairman and Laird Fairchild as Vice-Chairman. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 10:05 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. C__ John Terrell Mayor ATTEST: ��tg,,,,, -r,, '% EL 0:3: .. low j\o,,tk faie Lori Payne, TRM : t' = ? City Secretary .. `' A I I I C REGULAR CITY COUNCIL MEETING MINUTES,JUNE 16, 200 Page 15 of 15 9 Lam. `.. Southlake City Council meeting Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name:��1 ��C>CJ(_) Date: (r,(1 � U Address:1 A) PE/ I Nc4 I Phone: /7 T / 1 3 I wish to share my views on an Agenda Item: Agenda Item # j� 4- (- I will speak in SUPPORT of this item [ will speak in OPPOSITION to this item I do not wish to speak, but please record my kUPPORT OPPOSITION L_, 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. (.p L_N"outhlake City Council meeting (De' Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: Date: 6A 6 la 7 Address: 3 S • L ,u Phone: Si 7 Lj J G 2 VII wish to share my views on an Agenda Item: Agenda Item #_l}O ct _ D E3 'LA Q ., 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 L] 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. LW (0 5uthlake7 City Council meeting 'mid Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: Z ` /4 _.0n77 Date: Address: 6-8p _SV,e, 1,VE Phon ee:0/cf/e4tie I J I wish to share my views on an Agenda Item: Agenda Item #_ 44 O9 -0 e I will speak in SUPPORT of this item _I will speak in OPPOSITION to this item V I do not wish to speak, but please rec i my- car r SUPPORTOPPOSITION I i 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. a Lan L... )1/4.1.... `.. I.... Lam. 61.4 6.4 %ma ...A J .. AA9 uthlakJ e City Council meeting - Public Comment Form Please print. Return -completed form to City Secretary prior to start of regular session. Name: j I i- A k-rfrk /E N Date: ( Address: 3S`to e‘t-c. c GT' Fri1- Ya - 6Y Phone: I wish to share my views on an Agenda Item: Agenda Item# L° (6) I will speak in SUPPORT of this item I will speak in OPPOSITION to this item I do not wish to speak, but please rec rd 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. _ .n....r bewoli bona lima "smog/ _...NJ .J `-nuthlake City Council meeting Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: 04,y J 0 Qi C2 C3 C Date: j J t • 4:\ Address29$0 (3ORNe"( rah' ., phone 7 1-1 i 54-5 nI wish to share my views on an Agenda Item: Agenda Item# - g' 14- A O Q 13 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. 1 6000 WESTERN PLACE,SUITE 200 Taylor Olson Adkins Sralla Elam TELEPHONE:(817)332-2580 I-30 AT BRYANT-IRVIN ROAD LLP, TOLL FREE:(800)318-3400 FORT WORTH,TEXAS 76107-4654 FACSIMILE:(817)332-4740 ,IRMAH:TOASE@TOASE.COM Attorneys * Counselors WEBSITE:WWW.TOASE.COM LEA 1 TIM G. SRALLA Certified Civil Appellate Law Specialist extension 228 Texas Board of Legal Specialization tsralla@toase.com June 16, 2009 CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE VIA HAND DELIVERY IIMayor and City Councilmembers City of Southlake I 1400 Main Street Southlake, Texas 76092 Re: Legality of Executive Session Posting ig Dear Mayor and Councilmembers: It. You have asked our office to review the executive session posting for the October 7,2008, regular city council meeting. It is my understanding that the following executive session has been posted for the requisite time: C A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas 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 maybe 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 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities. 2. Section 551.087: Deliberation regarding economic development IInegotiations a. Economic incentives for businesses. 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 I 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: L illxv June 16, 2009 Page 2 L .OP0 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. j 2. Michael Kenny vs. City of Southlake. April 2008 3. 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 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. Cit Section 551.076: Deliberation regarding security devices. The City Council may 1r 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. 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. I June 16, 2009 Page 3 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 ofpipeline infrastructures or facilities when those plans or discussions contain such sensitive information. If you have any additional questions or concerns,please feel free to contact our office. Sincerely C Tim G. Sralla TGS/as cc: Ms. Shana Yelverton City of Southlake 1400 Main Street Et Suite 460 Southlake, Texas 76092 Ms. Lori Payne City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 4111W C C C I I CityCouncil meeting—June 16, 2009 3rd Floor Training Rooms Council: Mayor, Muller, Hill, Bledsoe, Muzyka, Morris, (Jones absent) CISD School Board: Dr. David Faltys, Schoupp, Williams, Thane, Rothmeier, Ausdenmoore, P&Z Commission: Morin, Wang, Springer, McCown, Hudson, Faglie (Joe Lancor absent) vB ✓ Alison, Pila r, Ken, Dennis, Dale, Greg., Robert, Clayton, Richard, Staf�ha�, Jim, en, � � Rusty, Bd6, G,9rdon, Leath;Municipal Judge, Set�n, Tim Srat1a, Kevi , Eric, Shan, Ashlei�h;Mike, Chuck, Chi, Tara,-Rtfst`y, Cheryl, Michrel, Mid elle 5:06:58 PM Mayor Terrell called the meeting to order. Thanked P&Z Commission and School Board for their attendance. 5:09:12 PM Chaplain Linda Pallone gave the invocation. 5:11:10 PM Mayor led the pledge of allegiance. 5:11:14 PM City Manager Yelverton made introductory comments. Nov Dr. Faltys introduced representatives from Hart, Gaugler& Associates, Inc. —the first being John Howgan who presented information on the bond packages. 5:20:23 PM John Blackard discussed the middle school project. The middle school project was discussed next. 5:27:12 PM Mr. Howgan discussed the timing of the project and bring a Construction Manager at Risk on the project—timing, etc. They asked for questions of the group. 5:28:04 PM Morin asked question about the controlled drive on East Highland Mayor—bus flow,bus traffic Bledsoe—service yard, unloading and loading into that space Faglie—number of students, parking agreement with Gateway Church Morin—football stadium,bleachers, field 5:31:38 PM Mayor—timing, drop dead dates Wang—traffic flow C I C Mayor— stacking,pickup distances, Highland traffic ..w 5:42:16 PM Muller future use on Kirkwood, School Board—stacking in the front versus stacking in the back Segregating the pick up and drop off areas 5:44:02 PM Thane—timeline for completion of Kirkwood Director Bob Price answered the question regarding timing of Kirkwood 5:45:15 PM Yelverton—infrastructure needs School Board Williams—bus ridership numbers for elementary and middle schools Dr. Faltys—pushing the entrance to the building as far to the west as possible School Board—parking P&Z member McCown—stacking depths at Dawson/Eubanks I, 5:49:07 PM Mr. Howgan—exterior canopy systems Morris—will sidewalks be included in school plans 5:51:16 PM Mayor made final comments— schedule for elementary school School Board member asked Council and P&Z what their primary concerns will be? Mayor said berming along Kirkwood, aesthetic appearance, stacking, lighted fields, intensity of use on weekends and nights,parking for events,parking behind the building, views from Kirkwood, Highland—swing gate issues,noise attenuation as well as lighting, drainage issues, 5:57:25 PM Mr. Rowland—buffer zone of trees for lighting and acoustical issues Schoupp thanked the city for meeting with the school board 5:59:30 PM Schoupp adjourned the school board meeting. 5:59:33 PM Mayor called for a break to let school board and P&Z exit. 6:12:45 PM Mayor called the meeting back to order and review consent agenda. C City Manager Yelverton announced there are technical difficulties in the Council Chambers and that following executive session the Council will meet back up in the training rooms for the remainder of this meeting. 6:13:24 PM Mayor reviewed consent agenda items—4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j, 4k Laura Hill asked if we could pull item 4h off of consent agenda and discuss during the regular meeting. Mayor pulled item 4h off of consent Pamela Muller asked if we could pull item 41 off of consent agenda and discuss during the regular meeting. Item 4L was pulled off. Carolyn Morris asked if item 4N could be heard during the regular meeting. 6:19:14 PM Mayor called for an executive session. 6:19:20 PM Mayor announced Council would be back about 7:45. 7:50:29 PM Mayor reconvened the regular meeting. Muzyka—motion to approve the RedFlex Agreement as discussed in executive session and as prepared by the city attorney. Morris—second Vote called—approved 6-0 Mayor announced Mayor's Report events and meetings City Manager Yelverton presented the financial report information. Mayor reviewed the consent agenda and called for a motion for items 4a, 4b, 4c, 4d, 4e, 4f, 4g,4h, 4i, 4j, 4k, (4L to be removed from consent and considered following public forum), 4m, and 4n with a 10 foot pedestrian easement on lots 7r1 and 7r2 and granting variance to sidewalk requirement CM Yelverton made a comment on agenda item 4h prior to council making a motion on the consent agenda. Mayor called for a motion on consent agenda— Hill - Motion to approve consent agenda Muzyka—second C C Consent PP was agenda approved 6-0 g Public forum opened—no one spoke 7:58:47 PM Ken Baker presented item 4L which was removed from consent agenda. Applicant David Palmer, 3102 Maple Avenue,Dallas—commented on item 4L pp 8:06:05 PM Mayor Hill—made a motion to approve item 4L with approval of 22 inches... Muzyka—second Item 4L was approved 6-0 8:07:34 PM Ken Baker presented items 6a and 6b to council Council discussed this item. Applicant Keith Hamilton, Mid-Cities Blvd,North Richland Hills—addressed Council's questions It Public Hearing opened by the Mayor. Nor Mayor read comment card from Nancy Jackson and recorded support of this item. Public Hearing closed. 8:12:28 PM Council discussed this item. Mayor reopened the public hearing and allowed a member of the public to speak. 8:18:41 PM Tom Murphy, 1303 Plantation Drive—definition of flag lot Applicant Keith Hamilton—addressed lot 2. 8:21:27 PM Madra Madral, Leeds Drive—did not understand name— Ralph Niemergood, 1305 Plantation Drive—thanked the Council for putting time into this item. Hill—Motion to approve item 6a noting a condition be placed on lot 2, that the easement be filed with the County, submit a sidewalk agreement on file, variance for lot frontage on a public street, and subject to concept plan review ar I Muzyka—second Item 6a approved 4-2 (Morris, Muller) Hill—motion to approve item 6b subject to review Muzyka—second Item 6b approved 4-2 (Morris, Muller) 8:26:53 PM Clayton Comstock presented items 6c and 6d to Council. 8:37:03 PM Applicant Ron Eddins, 3001 Native Oak, Flower Mound—addressed Council's concerns at first reading 8:44:06 PM As applicant concluded, Mayor asked for questions for applicant. Mayor opened the public hearing on this item. Mayor read comment cards—Steve Curtis opposed, Mary Curtis opposed, Jay Hartman, David George in support Mayor closed public hearing. Ihre Council discussion. Morris—cartridge on swimming pool—Bledsoe—equestrian Bledsoe—motion to approve item 6c subject to staff report dated June 10 adding the changes to previous noted changes from applicant, pool will have cartridge, no equestrian uses allowed, and subject to staff presentation Muzyka—second Council approved item 6c 6-0. Bledsoe—motion to approve item 6d subject to review Hill—second Council approved item 6d 6-0 8:51:29 PM Dennis Killough presented item 6E to Council Council discussed this request. Public hearing opened—no one spoke. C Pamel a Muller asked to table this for now and ask staff to bring some visuals, and that sfl be limited to 1500 sf. Staff to bring back some examples of what might can happen. ""' Overall building area will not exceed"X" amount. Muzyka—motion to table to July 21 Hill—second Council tabled item 6e to July 21. 6-0 9:06:27 PM Dennis Killough presented item 6f to Council. Council discussed this request. City Attorney Tim Sralla answered question regarding limitation of SUP approval to tenant versus lease. Applicant John Avery, 1075 West Dove Road, Southlake—answered Council's questions —25 or 30 cars at the most—price of cars— IIPublic hearing opened—no one spoke. Hill—motion to approve item 6F for a period of 3 years and applicant has agreed that all sales, storage and display be inside the building. Muzyka—second Item 6F was approved 6-0. Mayor called for a break. 9:30:18 PM Mayor called the meeting back to order. 9:30:23 PM Dennis Killough presented item 7b to Council. Applicant Casey Landiker(sp?) and Janice , 707 - couldn't hear very well. Mayor allowed the public to speak—no one spoke. Hill—motion to approve item 7b noting variances that were approved by the ZBA and subject to review Muzyka—second Item 7b was approved 6-0. C 9:39:36 PM Dennis Killough presented item 7c to Council. Applicant Keith Hamilton, Mid Cities Blvd,NRH—answered Council's questions. Dedication of property for a sidewalk Property owner Dr. Sayad Jamal wanted to discuss the possibility a sidewalk with his wife - 10 foot pedestrian easement. Hill—motion to approve item 7c asking app to consider granting an easement for a sidewalk and subject to review Item 7c was approved 6-0. 9:48:26 PM Dennis Killough presented item 7d to Council and answered questions. Applicant Bill LaFavers, 620 South White Chapel Boulevard, Southlake. Muzyka—motion to approve item 7d subject to review Hill - Second Item 7d approved 6-0 kr. 10:06:04 PM Mayor called for an executive session. 11:12:54 PM Mayor called meeting back to order. 11:29:30 PM Mayor adjourned meeting. C I C L C CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: JUNE 16, 2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:00 P.M. (This portion of the meeting will be held in the 3rd Floor Training Rooms in Town Hall.) 1. Call to order. 2. Invocation: Linda Pallone, Chaplain of the Month 3. Joint meeting with the Planning and Zoning Commission and the Carroll Independent School District Board members to discuss CISD bond projects specifically the new middle school and elementary school. 4. 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 it 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, 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 the contract with Redflex Traffic Systems. b. Seek advice from the city attorney regarding an Interlocal Agreement with the City of Westlake for T.W. King waterline right-of-way. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities. ar City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork C City of Southlake City Council meeting agenda June 16,2009 Page 2 of 8 1. 4ew 3. Section 551.074: Deliberation regarding personnel matters a. Deliberation of appointments of city board and commission members. 4. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. 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 CONSENT AGENDA: All items listed below are considered to be routine bythe City Y 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: A. Approve minutes from the June 2, 2009 regular City Council meeting. B. Approve a Community Services Agreement with Bob Jones Nature Center organization. C. Approve a Local Project Advance Funding Agreement (LPAFA) with TxDOT for funding of Safe Routes to School Project. D. Approve an Interlocal Agreement with Tarrant County for the purchase of liquid asphalt. E. Approve an Interlocal Agreement between the cities of Bedford, Euless, Grapevine, Hurst, North Richland Hills, Haltom City, Keller, Watauga, Richland Hills, Roanoke, and Colleyville for police training. F. Consider SV09-012, Variance to Sign Ordinance No. 704-C for Durham Intermediate School and Durham Elementary School located at 801 Shady Oaks Drive. G. Ordinance No. 704-D, 1st Reading, Amendment to Sign Ordinance No. 704-C, as amended. (If approved at first reading, the public hearing will be Lheld on July 7, 2009.) City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork • City of Southlake City Council meeting agenda June 16,2009 Page 3 of 8 H. Approve a professional services contract with Schrickel, Rollins and Associates, Inc. for the engineering and design of north multi-purpose fields and related improvements. I. Approve a thirty-six month lease agreement for seven Harley Davidson Electra Glide Police Traffic Enforcement Motorcycles with Texas Harley Davidson in the amount of$73,500. J. Ordinance No. 956, 1st Reading, Appoint a Municipal Judge and authorize the Mayor to execute an agreement with the Municipal Judge and provide an effective date. (If approved on first reading, the public hearing will be held on July 7, 2009.) K. Consider SV09-010, Variance to the Southlake Town Square Conditional Sign Permit for Bank of America located at 112 State Street, Suite 207. L. Consider SV09-011, Variance to the Shops of Southlake Conditional Sign Permit for GameStop located at 1251 East Southlake Boulevard, Suite 351. Et M. Consider a variance to the Lighting Ordinance No. 693-B for Dragon Stadium being described as Carroll I.S.D. No. 6 Addition and being located at 1085 South Kimball Avenue. N. ZA09-015, Plat Revision for Lots 7R1 and 7R2, Simmons Forest Addition being a revision of Lot 7, Simmons Forest Addition, and being located at 809 and 811 Simmons Court. Current Zoning: SF1-A Single Family Residential District. SPIN Neighborhood #1. 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. 480-582, 2nd Reading (ZA08-091), Zoning Change and Concept Plan for Glosser Addition on property being described as Tracts 3B and 3B1, J. Childress Survey, Abstract No. 522 and Concept Plan for Glosser Addition on property being described as Tracts 3B and 3B1, J. Childress Survey, Abstract No. 522 and Lot 7, Block 1, Cedar Oaks Estates being located at 1680 North Peytonville Avenue, 1640 North Peytonville Avenue and 1800 Sleepy Hollow Trail. Current Zoning: AG Agricultural District and SF-IA Single Family Residential District. Requested Zoning: SF-1 A Single Family Residential District and SF-2 City of Southlake values: Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork C City of Southlake City Council meeting agenda June 16,2009 Page 4 of 8 Law Single Family Residential District. SPIN Neighborhood #5. PUBLIC HEARING B. ZA08-110, Preliminary Plat for Glosser Addition being Tracts 3B and 3B01, J.H. Childress Survey, Abstract No. 253 and Lot 7, Block 1, Cedar Oaks Estates being located at located at 1680 North Peytonville Avenue, 1640 North Peytonville Avenue and 1800 Sleepy Hollow Trail. Current Zoning: AG Agricultural District and SF-IA Single Family Residential District. Proposed Zoning: SF-IA Single Family Residential District and SF-2 Single Family Residential District. SPIN Neighborhood #5. C. Ordinance No. 480-510a, 2nd Reading (ZA09-013), Zoning Change and Development Plan for Statham/Eddins property, being Lots 1 and 2, R.D. Price No. 1207 Addition and Tract 7, Rees D. Price Survey, Abstract No. 1207 and being located at 2988, 3000, and 3010 Burney Lane. Current Zoning: SF-1A Single Family Residential District and R-PUD Residential Planned Unit Development. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #2. PUBLIC HEARING D. ZA09-014, Plat Revision for Lots 1 R and 2R, R.D. Price No. 1207 Addition CA being a revision of Lots 1 and 2, R.D. Price No. 1207 Addition and Tract 7, 'kr Rees D. Price Survey, Abstract No. 1207 and being located at 2988, 3000, and 3010 Burney Lane. Current Zoning: SF-IA Single Family Residential District and R-PUD Residential Planned Unit Development. SPIN Neighborhood #2. E. Ordinance No. 480-777, 2nd Reading, Amend the Comprehensive Zoning Ordinance No. 480, Section 44.12 (1), as amended, Special Exceptions Use, as it pertains to the regulations for servants or family quarters. PUBLIC HEARING F. Resolution No. 09-040, (ZA09-019) Specific Use Permit for Pristine Motor Cars for sales and service of used automobiles, trucks and motorhomes per Zoning Ordinance No. 480, Section 45.1(22) on property described as Lot 4R, Block C, North Davis Business Park and being located at 2105 Greenbriar Drive. Current Zoning: 11 Light Industrial District. SPIN Neighborhood #10. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. This item was intentionally left blank. B. Ordinance No. 480-586, 1st Reading (ZA09-016), Zoning Change and �r Concept Plan for 1080 Primrose Lane on property being described as City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 16, 2009 Page 5 of 8 .aw• Tract 2C4A, Absolom H. Chivers Survey, Abstract No. 299. Current Zoning: AG — Agricultural District and SF-1A Single Family Residential District. Requested Zoning: SF -20A Single Family Residential District. SPIN Neighborhood #3. (If approved at first reading, the public hearing will be held July 7, 2009.) C. Ordinance No. 480-587, 1st Reading (ZA09-020), Zoning Change and Concept Plan for 2000 Shady Oaks Drive on property being legally described as Lot C, Block 1, Old Orchard Country Estates. Current Zoning: SF-1A Single Family Residential District. Proposed Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #5. (If approved at first reading, the public hearing will be held July 7, 2009.) D. Ordinance No. 480-579, 1st ReadingZA08-062 ZoningChange and ( ), 9 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 #10. (If approved at first reading, the public hearing will be held July 7, 2009.) 8. Resolutions: A. Resolution No. 9- �,, 0 029, Appoint members to the Building Board of Appeals. B. Resolution No. 09-030, Appoint members to the Joint Utilization Committee. C. Resolution No. 09-031, Appoint members to the Library Board. D. Resolution No. 09-032, Appoint members to the Metroport Teen Court Advisory Board. E. Resolution No. 09-033, Appoint members to the Parks and Recreation Board. F. Resolution No. 09-034, Appoint members to the Planning and Zoning Commission. G. Resolution No. 09-035, Appoint members to the Senior Advisory Committee. H. Resolution No. 09-036, Appoint members to the Southlake Arts Council. City of Southlake values: Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 16,2009 Page 6 of 8 I. Resolution No. 09-037, Appoint members to the Southlake Parks Development Corporation. J. Resolution No. 09-038, Appoint members to the Zoning Board of Adjustment. 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. 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, June 12, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. J‘‘A.1° 1 4 ' ""••<ALoh Pane, TRM City Secretary - �� • If you plan to attend this puwa4jc••niMpR .e'nd have a disability that requires special needs, please advise the City Seerelarytg Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. C C C C C C City of Southlake values: Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork E . City of Southlake City Council meeting agenda June 16,2009 Page 7 of 8 L '41w 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 property 4 g p p Y 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 It 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. C ar City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 16,2009 Page 8 of 8 L .4w. 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 It contain such sensitive information. C C I I C C I City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork C CITY OF TE XAS CITY COUNCIL, PLANNING AND ZONING COMMISSION, AND CARROLL INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES JOINT MEETING: JUNE 16, 2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Training Rooms— 3rd Floor of Town Hall JOINT MEETING: 5:00 P.M. 1. Call to order. 2. Joint meeting with the City Council, Planning and Zoning Commission and the Carroll Independent School District (CISD) Board of Trustees to discuss CISD bond projects: - Review and Discussion on the proposed New Middle School campus Concept/Site Plan located south of Highland Street, north of SH 114, east of Carroll Street and west of Kimball Avenue. - Review and Discussion on the proposed New Elementary School campus Concept/Site glow - Plan located on N. White Chapel Blvd., north of W. Dove St., and south of Sweet St. Other CISD Bond/Capital Projects 3. 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, June 12, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ,,,,,,,,,,,,,,„ /4.0,„11/441);c.z. Lori Payne, T-RAC :�" City Secretary .a •. ....••• If you plan to attend this publlt't1 eting 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: L rr City of Southlake values:Integrity•Innovation •Accountability♦ Commitment to Excellence♦ Teamwork I C CITY OF SOUTHLAKE TEXAS 4.1 JOINT CITY COUNCIL/SPIN STANDING COMMITTEE MEETING: JUNE 9, 2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Third Floor Training Rooms 3C & 3D in Town Hall TIME: 5:30 P.M. REGULAR AGENDA 1. Call to order 2. Presentation: Risk Assessment / Emergency Management Plan (Colleen Gilmore, Emergency Management Coordinator) 3. Presentation & Discussion: SPIN Representative Appointment Process 4. City Manager's Report 5. City Council Reports 6. SPIN Neighborhood Reports IL 7. Close Joint City Council/SPIN Standing Committee Meeting 8. Approve minutes for the May 12, 2009 regular SPIN Standing Committee meeting 9. Administrative Comments • July 14 Standing Committee meeting cancelled • Upcoming SPIN Meetings • Stars & Stripes Participation 10. Open Forum 11. Adjourn 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 gffidAVIMieti boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, June 5, 2009 at 6:QQ'%;.. rit4o the Texas Government Code, Chapter 551. ; .• '••�' " • • : . If you plan to attend this public meeting and have a disability that requires special needs, please advise r' the City Secretary's Office 48 hours in advance at 817-481-1490 and reasonable accommodations will be made to assist you. I C CITY OF L'aw SOUTHLAKE TEXAS C Lonesome Dove Park Groundbreaking: June 5, 2009 I LOCATION: Lonesome Dove Park 1225 McCrae Trail Southlake, Texas 76092 TIME: 9:00 a.m. A quorum of the City Council may be present at this event. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on May 29, 2009, by 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. 112&CP Le- Lori Payne, TRM 4P4\ City Secretary = t � i V :VJ11 ..1..1... #4r* ,*"i.....�� I 461 I I I I I C CITY OF 44- SOUTH LAKE TEXAS DPS Promotional Ceremony: June 3, 2009 I LOCATION: Southlake Town Hall 1400 Main Street Southlake, Texas 76092 TIME: 5:30 p.m. A quorum of the City Council may be present at this event. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on May 29, 2009, by 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. rilhr p ,�IIIII1111111j1�� ,,,,,,,,,,, f of Lori Payne, TR t` _i City Secretary r- C I C C C