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2009-06-02 CC Packet C CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: JUNE 2, 2009 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Virginia M. Muzyka, Deputy Mayor Pro Tem Laura K. Hill, and Councilmembers Brandon Bledsoe, Greg Jones (arrived at 5:30 p.m.), Carolyn Morris, and Pamela A. Muller. 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, Deputy Director of Community Services Kerry McGeath, Recreation Coordinator Meredith Dowdy, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Purchasing Manager Tim Slifka, Director of Human Resources Kevin Hugman, Director of Information Technology Dale lbw Dean, Director of Planning and Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Clayton Comstock, Planner II Jenny Crosby, Planner I Daniel Cortez, 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, Civil Engineer Michael James, Civil Engineer Michelle McCullough, Civil Engineer Cheryl Taylor, City Attorney Tim Sralla, and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell at 5:04 p.m. 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. Southlake Youth Action Commission recognition presentation. Alexa Herzog, Southlake Youth Action Commission Chair, gave a presentation. Council discussed various opportunities for additional SYAC involvement such as SPARK and the PKD Walk. Agenda Item No. 4. Discuss sign ordinance revisions. Planner Crosby presented this item and answered Council's questions. I Ai- REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 1 of 8 Mk C Agenda Item No. 5. Discuss North White Chapel Boulevard improvements project and various Master Plan impacts on the proiect. Engineer James presented this item and ' answered Council's questions. Agenda Item No. 6. Discuss all items on tonight's meeting agenda. Council reviewed the consent agenda items. Mayor Terrell closed the work session at 5:32 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Terrell at 5:32 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 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:32 p.m. Executive Session began at 5:55 p.m. and ended at 7:15 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:24 p.m. and asked if any action was necessary from Executive Session. No action was tir necessary. Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Mayor Terrell opened the public forum next. Agenda Item No. 5. Public Forum. No one spoke during the public forum. 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 19, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Resolution No. 09-025, Approve TxDOT Master Advance Funding Agreement (MAFA) for federally funded transportation improvements. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION APPROVING THE MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS WITH THE STATE OF TEXAS AND AUTHORIZING THE MAYOR TO EXECUTE SAME. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 2 of 8 C Agenda Item No. 4C. Resolution No. 09-026, Appoint members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Southlake, Texas. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE; PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4D. Authorize interlocal purchasing agreements with the Cities of Cedar Hill, Garland, Desoto, Irving, Rockwall, Corinth and Coppell; with the Counties of Collin, Rockwall and Hood; and the Salado Public Library. Authorize cooperative purchasing agreements with the National IPA, The Cooperative Purchasing Network (TCPN) and the National Joint Powers Alliance (NJPA). A presentation was not made on this item. Agenda Item No. 4E. Resolution No. 09-027, Approve a cooperative purchasing agreement with The Cooperative Purchasing Network. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, Air SOUTHLAKE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE REGION 4 EDUCATION SERVICE CENTER, WHICH SPONSORS THE COOPERATIVE PURCHASING NETWORK (TCPN), PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING TIM SLIFKA, PURCHASING MANAGER, AS OFFICIAL REPRESENTATIVE OF THE CITYOF SOUTHLAKE RELATING TO THE PROGRAM. Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; and 4E. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 6A. Ordinance No. 956, 2nd Reading, Dedicatinq an easement on City- owned property at 600 State Street for the purpose of providing electrical service to the new DPS Headquarters site. Director Price presented this item to Council. Assistant City Manager / Director Blagg answered Council's questions. 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 2, 2009 Page 3 of 8 C AN ORDINANCE DEDICATING A PERMANENT EASEMENT AND RIGHT-OFWAY �, UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT 600 STATE STREET DESCRIBED AS LOT 1 R, RICHARD EADS NO. 481 ADDITION (CABINET A, SLIDE 12195, P.R.T.C.T.) IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 956, 2nd 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. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6B. Ordinance No. 480-WWW 2nd Reading, d g, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy EL Systems. Planner Cortez presented this item and answered Council's questions. Chief Building Official Ward also 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 AMENDI NG ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS TO SOLAR ENERGY SYSTEMS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-WWW, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy Systems. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 LI iv- REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 4 of 8 C Agenda Item No. 6C. Ordinance No. 480-YYY, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to On-Site Sewage Facility Plans. Planner Comstock presented this item 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; AS IT PERTAINS TO ON-SITE SEWAGE FACILITY PLANS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-YYY, 2nd 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, Jones, Morris, Muller, Muzyka, Terrell Et Nays: None lbw Approved: 7-0 Agenda Item No. 6D. ZA09-004, Site Plan for Timarron Pump House at the Neighborhood Center on property being described as Common Green 3, Timarron Addition, Phase One, Section Two — Bent Creek and being located at 1250 Bent Creek Drive. Current Zoning: R-PUD — Residential Planned Unit Development District. SPIN Neighborhood #9. Director Baker presented this item and answered Council's questions. No one spoke duringthepublic hearing. p 9 Motion was made to approve ZA09-004, Site Plan for Timarron Pump House at the Neighborhood Center granting the requested variances for the Hardi-board siding and the nine foot cedar fence and accepting the applicant's commitment on the landscaping of Nellie R. Stevens shrubs at five foot on center and eight foot at planting surrounding the fence except at the gate. Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 L -iv REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 5 of 8 p C C Agenda Item No. 7A. Ordinance No. 480-582, 1st 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. Planner Cortez presented this item and answered Council's questions. Applicant Tom Matthews, 2600 East Southlake Boulevard, Southlake, Texas answered Council's questions. Council discussed this request. Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with attorney. City Council adjourned for Executive Session at 8:20 p.m. Executive Session began at 8:21 p.m. and ended at 8:40 p.m. Mayor Terrell reconvened the meeting at 8:45 p.m. Mayor Terrell allowed time for the public to speak, and no one spoke. Council continued discussion of this request. Motion to approve Ordinance No. 480-582, 1st Reading (ZA08-091), Zoning Change and It Concept Plan for Glosser Addition with the exception that with respect to the unzoned portion of Lot 1, which is designated as AG, that will now be recommended in this motion to be included as SF-2, that requesting a variance to allow access from either Peytonville or from Sleepy Hollow (but not from both) with respect to the designated new SF-2 zoning for the AG zoned Lot 1, the applicant is willing to dedicate ROW for the sidewalk requirements along Peytonville and escrow the funds for the sidewalk (or satisfactory agreement), and subject to Concept Plan Review Summary No. 3, dated May 11, 2009. Motion: Bledsoe Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muzyka, Terrell Nays: Muller Approved: 6-1 Agenda Item No. 7B. Ordinance No. 480-510a, 1st 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. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #2. Planner Comstock presented this item and answered Council's questions. Applicant Ron Eddins, 3001 Native Oak, Flower Mound, Texas. LMayor Terrell read comment cards from residents that are opposed to this request: REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 6 of 8 p C Rob Johnson, 1110 Harbor Retreat, Southlake, Texas; and, Gloria and Ken Land, 2900 Burney Lane, Southlake, Texas. Mayor Terrell allowed the public to speak. Marty O'Conner spoke in opposition to this request. Council discussed this request. Motion was made to approve Ordinance No. 480-510a, 1st Reading (ZA09-013), Zoning Change and Development Plan for Statham/Eddins property subject to the applicant's representations tonight; accepting the applicant's agreement to review the adjustment of the septic fields and moving them closer to the home; accepting the applicant's willingness to look at areas where the building envelope can be reduced; applicant to look at areas where the tree preservation areas can be expanded and will submit those to staff in advance of the next meeting allowing sufficient time for those documents to be reviewed by staff who will complete a comparison of this layout versus two lots; accepting the applicant's commitment that if the pool is drained, they will consult with the City's environmental coordinator to ensure that any discharge will meet City ordinance and State requirements and will also get back to City Council on the requirements with respect to the pool backwash to determine how that will be handled; Et accepting the applicant's commitment that the placement of fencing would not be cause for the removal of trees and the applicant will review the fencing plan and give Council a revised fencing plan that will pull the fence back from the currently specified tree area and closer to the building envelope; accepting applicant's willingness to review lot coverage which will most likely be less that 14%; and subject to Development Review Summary No. 2, dated May 15, 2009. Motion: Jones Second: Muzyka Ayes: Bledsoe, Jones, Muzyka, Terrell Nays: Hill, Morris, Muller Approved: 4-3 Agenda Item No. 7C. Ordinance No. 480-ZZZ, 1st 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. Director Baker presented this item to Council. Motion was made to approve Ordinance No. 480-ZZZ, 1st 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, limiting the square footage to 1,000 S.F. for SF-30 and to 2,000 S.F. for anything above; prohibiting any rental property; and requiring utilities to be part of the principle residence. Motion: Hill +sir► REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 7 of 8 C Second: Jones sAyes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 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. John Terrell Mayor ATTEST: ``,114 t 4111ft ttttttt ha: Lori Payne, TRM = i - City Secretary U as . \ior //i •••aeoa•• ate, *** ,,,, C C I I I C C REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 8 of 8 wuthlake City Council meeting Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: 'O J © O Date: O, Address: 1/1 O 1A(4 Ca( fir- Phone: 817 4-2.4 11.8 1A1 wish to share my views on an Agenda Item: WE- kre " DuftsEbgr lJrA.rKAAk_ Agenda Item I will speak in SUPPORT of this itemile woC.�� I will speak in OPPOSITION to this item .5He-err C -L.O'fl 4 f l ii I do not wish to speak. but please record my SUPPORT K OPPOSITION2 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. `.s-outhlake City Council meeting Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: 61/0 c 4 KPir1 Ct-- Date: a`07 Address: ‘t: '7 � 614 ✓!L I a'ti`-� Phone:V f���'ef- � 0G 7 I wish to share my views on an Agenda Item: Agenda Item# 7 e I will speak in SUPPORT of this item I will speak in OPPOSITION to this item X I do not wish to speak, but please record my SUPPORT )c 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 City Council meeting - all present Southlake Council Chambers ITime Speaker Note 5:04:44 PM Mayor John Terrell called the regular meeting 5:04:56 PM Linda Pallone gave the invocation _W 5:06:50 PM Mayor Terrell led the pledge of allegiance I 5:07:06 PM Alexa Herztog SYAC Chair gave a presentation on work session item 3 to the Council 5:09:40 PM Deputy Mayor Pro asked SYAC senior high students to help with younger children I Tern Laura Hill and get them involved and help parents to know what to look for 5:11:59 PM *Councilmember invited the SYAC group to participate in the PKD Walk I Carolyn Morris September 26 5:12:42 PM Planner Jenny presented work session item 4 on sign ordinance revisions Crosby I5:15:11 PM Council asked questions of staff on signage 5:17:10 PM Engineer Michael presented work session item 5 on North White Chapel Blvd. I _ improvements 5:25:48 PM Council asked questions of staff on White Chapel improvements 5:29:42 PM . I Councilmember Morris suggested increasing the sidewalk width to 6 feet instead of 5 • feet 5:30:18 PM Mayor Terrell reviewed the consent agenda items -4a, 4b, 4c, 4d, 4e lak 5:32:27 PM Mayor Terrell called for an executive session and took a break until 6:45 ` ilir 7:24:48 PM Mayor called the meeting back to order I 7:25:20 PM Mayor gave Mayor's Report- upcoming meetings and events 7:25:56 PM Mayor announced that applications are being accepted for boards and commissions -there was City Manager's Report given I7:26:55 PM public forum was no one spoke taken out of order I 7:27:23 PM Mayor called for a vote on the previously discussed consent agenda items 7:27:29 PM *Muzyka motion to approve consent agenda I 7:27:31 PM Hill second -approved 7-0 7:29:00 PM Director Bob Price presented item 6a I7:30:58 PM ACM Jim Blagg answered questions i 7:31:05 PM public hearing no one spoke I 7:31:24 PM Muzyka 7:31:36 PM Hill motion to approve 6a second - approved 7-0 7:31:54 PM Planner Daniel presented item 6b to Council and answered questions I Cortez ---- -. ..., 14;) 6/2/2009 2 of 4 , City Council meeting - all present Southlake Council Chambers ITime Speaker Note 7:39:18 PM Building Official Paul answered question relating to needed screening for ground 140 Ward mounted units; maintenance of damaged equipment; hail damage 7:45:04 PM public hearing no one spoke I 7:45:21 PM Hill 7:45:42 motion to approve item 6b 7:45:42 PM Muzyka second - approved 7-0 7:46:01 PM Planner Clayton presented item 6c to Council I Comstock 7:49:08 PM public hearing no one spoke 7:49:23 PM Hill motion to approve item 6c I 7:49:37 PM Muzyka second - approved 7-0 • 7:49:56 PM Director Ken Baker presented item 6d and answered questions I7:55:11 PM public hearing no one spoke 7:55:17 PM *Hill motion to approve item 6d subject to granting variances for I hardi board siding and 9ft cedar fence and stipulating the landscaping they proposed • 7:55:54 PM Jones second - approved 7-0 I 7:56:11 PM Planner Cortez presented item 7a to Council and answered questions 8:00:29 PM Applicant Tom answered questions and discussed this item Matthews, 2600 E. I Southlake Blvd 8:02:04 PMMire Council discussed this request, asked questions of staff 8:20:10 PM Mayor called for an executive session I8:45:46 PM *Mayor reconvened meeting after executive session 8:46:09 PM°Mayor allowed the public to speak if desired I 8:46:40 PM Bledsoe motion to approve with the exception of Lot 1 be zoned as 2a and permitting the variance of access to that lot from Peytonville Avenue and subject to review; and granting the variance to the sidewalk on Peytonville I8:47:59 PM Mr. Matthews asked a question regarding access to back lot, 8:49:52 PM Council stopped during the motion and discussed the sidewalk requirement; Council agreed to have the sidewalk dedicated I only and maybe escrow funds?? 8:50:55 PM Bledsoe amended his motion on the 2a portion that it will have access from Peytonville or Sleepy Hollow but not both, and requiring a I sidewalk dedication but not built as this time, requiring that lot owner to build once sidewalks in area are built I IC 6/2/2009 3 of 4 I City Council meeting - all present Southlake Council Chambers ITime Speaker Note IP 8:52:29 PM Bledsoe restated his motion to approve application with the exception that with respect to the unzoned portion of lot 1 approving 2a and permitting a variance of access to that lot from peytonville or sleepy hollow but not both, requiring sidewalk dedication but I not be built at this time, requiring that lot owner to build and subject to review I 8:53:45 PM iJones second - approved 6-1 (Muller) 8:54:34 PM Planner Comstock presented item 7b to Council and answered questions . I 9:10:21 PM Applicant Ron answered Council's questions approximately 11,600 sf-total Edding (check footprint, backwash of pool location, driveway, fencing, location spelling), Flower of fencing, wildlife patterns, will look at moving fence up a little I Mound to preserve area for wildlife 9:47:48 PM Mayor read the comment cards of two residents who were opposed - Gloria and Ken Land, Rob Johnson I 9:48:26 PM Marty O'Conner, addressed Council on this request; asked that Ray Chancellors Burney Lane comments be on record 9:55:07 PM Council discussed this request I 9:56:58 PM Jones motion to approve item 7b taking into acct the app representations, app will remove adjusting the septic fields, moving them closer to the home, bldg envelope to be reduced, I look at areas where tree preservation areas can be preserved, and giving staff enough the info early enough that staff can evaluate, pool drains to meet state requirements and backwash of pool will be evaluated fencing shall not cause the Iremoval of trees, will pull fencing back from tree preservation area and closer to bldg envelope, lot coverage to be evaluated for less than 14%, sub to review I . 10:01:14 PMQMuzyka second approved 4-3 (Morris, Hill, Muller) I 10:01:32 PMDirector Baker presented item 7c to Council 10:03:26 PM Council sf30 is 1000 sf and the rest will be increased 10:04:11 PM•Hill motion to approve item 7c sf30 to 1000 sf, 2000 sf for anything I above, prohibiting rentals, utilities must be part of principal residence 10:05:07 PM Jones second - approved 7-0 10:05:30 PM Mayor adjourned meeting I I I. 6/2/2009 4 of 4 i I • . .Douthlake Volunteer Program D.N.S. - Police FY 2007 - 2008 # First& Last Name Jorg Oct Nov Dec Jan [Feb Mar _ April May June July Aug Sept TOTAL Rank MosVol 42+Landesberg, Pete 'Mounted Patrol 0 0 0 0 0 0 0 0 0 0 0 0 0 61 0 43 LeBlanc, Chris coPs 0 0 0 0 0 0 0 0 4 0 2 0 6 40 2 44 Malone, Doug COPS Patrol 5 5 0 6.75 5 3 10.5 5.5 3 5 5.25 0 54 18[ 10 45 McCauley, Dick VIPS/COPS Pat 4.5 11 5 16.25 8.5 6 8 8.5 8.25 0 0 0 76 71 9 46 McMurry, Mary COPS Patrol 0 0 _ 0 2 0 0 0 0 0 0 0 _ 0 2 50 1 47 Mills, Mike VIPS/COPS Pat 0 0 0 0 0 0 0 0 0 0 0 _ 0 0 61 0 48 Mosher, Drew VIPS 0 0 0 5 9.25 20.5 19 19.5 10.5 15 5.75 0 104.51141 8 49 Mueller, Pam COPS Patrol 4.5 5 0 4 3.25 7 0 2 6 _ 0 10.75 0 42.5 12 8 50 Muzyka, Kie COPS Patrol 4.5 0 3.5 0 4 1 0 4 4 0 0 0 21 25 6 51 Myers, Bobby Mounted Patrol 0 0 0 0 0 0 0 0 2 0 0 0 2 1 52 Page, Christine VIPS 0 0 0 30 49 30.5 38 27 20 20 20 0 234.5 8 53 Pallone, Linda COPS Patrol 0 0 0 5 0 6 0 5.25 0 2 0 0 18.25 29' 4 54 Parker, Roger COPS Patrol 4 9.25 4 0 10.5 10 13.5 7.5 4 0 2 0 64.75 Mr 9 55 Payne, Paul COPS Patrol 0 0 0 0 0 0 0 0 0 0 0 0 0 61 0 56 Powers, Frank COPS Patrol 4.5 5 0 4 _ 4.25 0 1 5 6 0 0 2 _ 0 30.75 19 7 57 Robinson, Bob COPS/Rehab 0 0 0 0 _0 0 0 0 0 0 0 0 0 61 0 58 Robinson, Cindy VIPS/COPS Pat 43.5 56.75 10.75 10 13 10 7.5 7 2 13 9 0 182.5 2 11 59 Robinson, Paula COPS/Rehab 0 12 _ 3 0 3 2.5 5 0 0 0 0 0 _ 25.5 24 5 so Sabonis, Kay Mounted Patrol 0 0 0 0 0 0 0 0 2 0 0 0 2 50 1 61 Schwartzstein, Marty COPS Patrol 3.5 0 0 0 _0 3 _ 4.5 3.5 0 0 4 0 18.5 28 5 62 Scott, David Mounted Patrol 0 0 0 0 0 0 0 0 0 0 0 0 0 61 0 63 Sheffield, Bill Mounted Patrol 0 0 0 0 0 0 0_ 0 0 0 0 0 0 61 0 64 Shirey, James COPS 0 0 0 0 0 0 0 0 4 0 0 0 4 43 1 Shirey, Jim COPS 0 0 0 0 0 0 0 0 0 0 7.25 0 7.25 38 1 65 Silverman, Susie VIPS 0 0 0 0 0 0 0 0 2 0 0 0 2 50 1 66 Silverstein, Susie VIPS 0 0 0 0 0 0 0 4 0 0 0 0 4 43 1 67 Sinor, Cynde CERT 0 0 0 0 0 0 0 0 0 0 2 0 2 50 1 68 Sivasankar, Siva CERT 0 0 0 0 0 0 0 0 0 0 2 0 2 50 1 69 Stone, Barb Mounted Patrol 0 0 0 0 0 0 _ 0 0 0 0 0 0 0 61 0 70 Strickland, Doug COPS Patrol 0 4.25 0 0 3.25 0 4.5 0 0 0 0 0 12 33 3 71 Trampe, Pat COPS Patrol 0 0 0 4 4 0 0 0 0 0 _0 _ 0 8 35 2 72 Vassios, Mike COPS Patrol 0 0 0 0 0 0 0 0 0 0 0 0 0 61 0 73 Wang,Jeff COPS Patrol 0 0 0 0 0 0 0 0 0 0 0 _ 0 0 61 0 74 Whittington, David Chaplains 0 0 0 0 0 0 0 0 0 0 0 0 0 61 0 75 Williams,Van COPS Patrol 3.5 0 0 2 3.25 0.5 4.5 0 1 0 5.25 0 20 27 7 76 Wise,Anne VIPS 0 0 0 0 0 0 0 0 2 5 4 0 11 34 3 77 Wise, Philip VIPS 0 0 0 0 0 0 0 3 2 5 20 0 30 20 4 78 Wood, Stuart COPS Patrol 0 0 0 0 0 3 4.5 3.5 0 0 4 0 15 30 4 79 Zimmerman, Kay Mounted Patrol 0 0 0 0 0 0 0 0 0 0 0 0 0 61 0 Total hours/mo 1,848.75 168.5 191.75 56.5 187.5 163.25 193.5 223.25 190.75 151 132.5 190.25 0 11,848.751 No. of volunteers/mo 19 17 12 28 21 27 22 26 36 16 32 0 256 Vol: 60 Page 2 of 2 It ' 6000 WESTERN PLACE,SUITE 200 S�ralla Elam Ta or lso Adkins L.L.P. TELEPHONE:(817)332-2580 I-30 AT BRYANT-IRVIN Roan TOLL FREE:(800)318-3400 Fowl Wogni,TEXAS 76107-4654 FACSIMILE:(817)332-4740 :TOASE@TOASE.COM Attorneys illip Counselors WEBSITE:RR W.TOASE.COM ITIM G.SRALLA Certified Civil Appellate Law Specialist extension 228 Texas Board of Legal Specialization Itsralla@toase.com June 2, 2009 I CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE VIA HAND DELIVERY IMayor and City Councilmembers City of Southlake I 1400 Main Street Southlake, Texas 76092 IRe: Legality of Executive Session Posting Dear Mayor and Councilmembers: ' 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: IA. 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(0, I 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 IAttorney 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 Ifacilities. 2. Section 551.087: Deliberation regarding economic development I negotiations a. Economic incentives for businesses. I 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: I,I El Jneu 2, 2009 Page 2 ' 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 ' 2. Griggs,Jill T. Gordon, and City of Southlake. July 2004. 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. I • 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. 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 Ibe made. Jneu 2, 2009 Page 3 r ' 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. If you have any additional questions or concerns,please feel free to contact our office. Sincere fryv. ' Tim G. Sralla TGS/as ' cc: Ms. Shana Yelverton City of Southlake 1400 Main Street 11111 Suite 460 Southlake, Texas 76092 ' Ms. Lori Payne City of Southlake 1400 Main Street Suite 270 ' Southlake, Texas 76092 I r 1 I I I. I 1 . CITY OF �r SOUTH LAKE ■ TEXAS REGULAR CITY COUNCIL MEETING: JUNE 2, 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. Southlake Youth Action Commission recognition presentation. 4. Discuss sign ordinance revisions. 5. Discuss North White Chapel Boulevard improvements project and various Master Plan impacts on project. 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, 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 551.072: 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 negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report kw City of Southlake values: I Integrity ♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork la City of Southlake City Council meeting agenda June 2, 2009 Page 2 of 6 1 . Update of upcoming meetings and events B. City Manager's 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: A. Approve minutes from the May 19, 2009 regular City Council meeting. B. Resolution No. 09-025, Approve TxDOT Master Advance Funding Agreement (MAFA) for federally funded transportation improvements. C. Resolution No. 09-026, Appoint members to serve on the Board of `. Directors of the Tax Increment Reinvestment Zone Number One, City of Southlake, Texas. D. Authorize interlocal purchasing agreements with the Cities of Cedar Hill, Garland, Desoto, Irving, Rockwall, Corinth and Coppell; with the Counties of Collin, Rockwall and Hood; and the Salado Public Library. Authorize cooperative purchasing agreements with the National IPA, The Cooperative Purchasing Network (TCPN) and the National Joint Powers Alliance (NJPA). E. Resolution No. 09-027, Approve a cooperative purchasing agreement with The Cooperative Purchasing Network. 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. 956, 2nd 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. PUBLIC HEARING B. Ordinance No. 480-WWW, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy Systems. PUBLIC HEARING a. City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork I City of Southlake City Council meeting agenda June 2, 2009 Page 3 of 6 tqw C. Ordinance No. 480-YYY, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to On-Site Sewage Facility Plans. PUBLIC HEARING D. ZA09-004, Site Plan for Timarron Pump House at the Neighborhood Center on property being described as Common Green 3, Timarron Addition, Phase One, Section Two — Bent Creek and being located at 1250 Bent Creek Drive. Current Zoning: R-PUD — Residential Planned Unit Development District. SPIN Neighborhood #9. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-582, 1st 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. h. 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-1 A Single Family Residential District and SF-2 IA\ Single Family Residential District. SPIN Neighborhood #5. (If approved at first reading, the public hearing will be held June 16, 2009.) B. Ordinance No. 480-510a, 1st 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. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #2. (If approved at first reading, the public hearing will be held June 16, 2009.) C. Ordinance No. 480-ZZZ, 1st 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. (If approved at first reading, the public hearing will be held June 16, 2009.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: (There are no items on this agenda.) 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork I City of Southlake ' City Council meeting agenda June 2, 2009 Page 4 of 6 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 29, 2009, by 6:00 p.m., pursuant to the Texas Governmen „cp0, Chapter 551. p ' Lori Payne, TRM Q' r 1 City Secretary 0 Ifyouplan to attend this u�btfv-. p rntinL� 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 ' June 2, 2009 Page 5 of 6 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 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. ' Section 551.076: Deliberation r r 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. 1v City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 2, 2009 Page 6 of 6 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. lip City of Southlake values: • k Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork