2009-02-18 CC Packet .
CITY OF
SOUTHLAKE
L .- TEXAS
STRATEGY SESSION WITH THE SOUTHLAKE CITY COUNCIL
II HILTON SOUTHLAKE
1400 PLAZA PLACE
SOUTHLAKE, TEXAS
C FEBRUARY 18, 2009
II MINUTES
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern John Terrell,
IC and Councilmembers: Pamela Muller, Virginia M. Muzyka, Laura K. Hill (arrived at 5:34
p.m.), and Vernon Stansell.
111 CITY COUNCIL ABSENT: Deputy Mayor Pro Tern Gregory Jones.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of
Information Technology Dale Dean, Director of Community Services Chris Tribble,
Deputy Director of Community Services Kerry McGeath, Director of Finance Sharen
Iiir Jackson, Director of Human Resources Kevin Hugman, Human Resources Supervisor
Stacey Black, Police Chief Robert Finn, Fire Chief Mike Starr, Deputy Fire Chief Bryan
IThomas, Economic Development Director Greg Last, Economic Development Specialist
Ashley Stathatos, Marketing and Tourism Coordinator Jill Cherry, Director of Planning
and Development Services Ken Baker, Deputy Director of Planning and Development
Services Dennis Killough, Chief Building Official Paul Ward, Director of Public Works
Robert H. Price, Deputy Director of Public Works Gordon Mayer, Public Works
C Operations Manager Chuck Kendrick, Deputy City Secretary Tara Brooks, Assistant
Finance Director Sean Leonard, and City Secretary Lori Payne.
Agenda Item No. 1. Call to order. Mayor Wambsganss called the session to order at
5:02 p.m.
I Agenda Item No. 2. Discussion of the Southlake Strategic Management System. City
Manager Yelverton made the opening comments. She discussed the evening's plans
and goals. She discussed the Strategic Management System, the budget cycle, and the
IIupcoming June Retreat.
Assistant City Manager Thatcher presented information on the Strategic Management
System timeline and strategic investments including supplemental requests and capital
improvement projects. He continued with a discussion of the components:
infrastructure, mobility, performance management and service delivery, quality
L. development, safety and security, and partnerships and volunteerism. He discussed the
"' City's adopted values and gave examples of initiatives related to each value.
MINUTES FOR THE STRATEGY SESSION WITH THE SOUTHLAKE CITY COUNCIL
IEFEBRUARY 18, 2009 PAGE 1 OF 2
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Assistant City Manager Jim Blagg asked the Council to look in their rearview mirror and
give examples of two to three accomplishments in each focus area that they are proud
L4s, of. He then asked Council to give two to three examples within each of the five focus
areas they feel could use improvement. Next, he asked them to look forward to the
future and state two to three issues related to each focus area they feel are not currently
being addressed.
Council continued discussing their thoughts and ideas related to the previous exercise.
Mayor Wambsganss called for a break at 6:09 p.m. and reconvened at 6:23 p.m.
Agenda Item No. 3A. Executive Session. Mayor Wambsganss announced City Council
would be going into Executive Session pursuant to the Texas Government Code
Section 551.072, deliberation regarding real property.
The Executive Session began at 6:23 p.m. and ended at 6:38 p.m. Mayor Wambsganss
called the meeting back to order.
No action was taken at tonight's strategy session.
Agenda Item No. 4. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
6:38 p.m.
ft
Andy Wambsganss
Mayor
ATTEST:
1 otx.. p
Lori Payne = •'
City Secretary
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MINUTES FOR THE STRATEGY SESSION WITH THE SOUTHLAKE CITY COUNCIL
FEBRUARY 18, 2009 PAGE 2 OF 2
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City Council Strategy Session—Southlake Hilton
City Council present: Mayor Andy Wambsganss, Mayor Pro Tern John Terrell, City
Councilmembers: Virginia M. Muzyka, Pamela Muller, Vernon Stansell, Laura Hill
(arrived at 5:34).
City Council absent: Gregory Jones.
Staff: Shana Yelverton,Jim Blagg, Ben Thatcher, Alison Ortowski, Pilar Schank, Bob
Price, Chuck Kendrick, Gordon Mayer, Chris Tribble, Tara Brooks, Ken Baker, Robert
Finn,Bryan Thomas, Greg Last, Jill Cherry, Stacey Black, Kevin Hugman, Dale Dean,
Sean Leonard, Sharen Jackson, Rnh Price, Paul Ward, Dennis Killough, Ashley
Stathatos, Kerry McGeath, Mike Starr, Lori Payne
5:02:06 PM Mayor Andy Wambsganss called the retreat to order.
5:02:34 PM City Manager Shana Yelverton made introductory comments. She discussed
this evening's plans and the strategic management system and the budget process.
5:09:34 PM Assistant City Manager Ben Thatcher presented the Strategic Management
System timeline.
kir
5:13:39 PM Stansell asked about the citizen survey's component and affiliation to the
strategic management system. He also asked about employee opinion surveys and how
that component plays into the system.
5:16:48 PM Thatcher continued discussion of focus area specifics. He discussed strategic
investments—specifically supplemental requests of what dollars are being put toward the
various
Stansell asked for operational definitions of the focus areas to be included in future
presentations related to strategic investments.
5:21:01 PM Thatcher discussed strategic investments related to CIP projects—urban
design,wayfinding signs, etc. He continued discussing the components: infrastructure,
performance management and service delivery, quality development, safety and security,
partnerships and volunteerism. Values and Initiatives
5:29:46 PM Jim Blagg asked Council to look in the rearview mirror and to look outward
of a window and place post its on the large boards marked with the names of the focus
areas. They listed items they feel the city is doing well,has done well, and items they
think we still need to do.
Successes, failures, items or issues not addressed.
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5:58:46 PM Yelverton discussed quality development—quality of construction, its added
value, could apply to public or private development.
6:02:00 PM Terrell—economic development, national E.D. effort, externally focused,
concerted effort to target businesses or organizations to come to Southlake, sales focus as
opposed to a marketing focus
Stansell—have not focused on did not hear(something about values?)
Yelverton—accountability systems in place, integrity has annual ethics training
Yelverton suggested that each focus area group should evaluate and work through what
they feel are good, solid definitions for each area. Stansell asked for staff to provide some
examples of each focus area
Muller—Said one of our volunteers knew about the strategic management system and
worked
Yelverton called for a break at 6:09
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CITY OF
SOUTHLAKE
TEXAS
STRATEGY SESSION WITH CITY COUNCIL: FEBRUARY 18, 2009
LOCATION: Hilton Southlake
1400 Plaza Place
Statler 3 meeting room
Southlake, Texas 76092
TIME: 5:00 P.M.
1. Call to order.
2. Discussion of the Southlake Strategic Management System.
3. 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.
1. Section 551.072: Deliberation regarding real property
No"' a. Discuss the potential purchase or lease of real property for
city facilities.
B. Reconvene: Action necessary on items discussed in Executive Session.
4. 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, February 13, 2009, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
1\40.AA: P
Lori Payne, Tare---
F o; -.crk
City Secretary E r s -4,
j� cn
If you plan to attend this puI V&..rrtcat1n .=and have a disability that requires special
needs, please advise the Cify%.eer-eteoct Office 48 hours in advance at 817-748-8016
and reasonable accommodations ►)iti a made to assist you.
Li.
City of Southlake values:
Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council strategy session
February 18,2009
Page 2 of 3
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.tv 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
(lbw 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.
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City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council strategy session
February 18,2009
Page 3 of 3
Law 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.
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City of Southlake values:
Integrity♦ Innovation •Accountability• Commitment to Excellence ♦ Teamwork
f -• ,
c'" Meeting: City Council Strategic Retreat
Date: Wednesday, February 18, 2009, 5:00 — 8:00 p.m.
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Place: Town Square Hilton Hotel
INo. Time Agenda Item Owner Purpose
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`el%creatively, management system.
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A untatgl 4 5:45 Assessment: JCB City's current strategic
T per l • Rearview Mirror direction.
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t ac .or inaction
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ly 6 7:05 Executive Session SKY
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g OFFICIAL RECORD
lifer g CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: FEB
RUARY 17, 2009
fLOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern John Terrell,
and Councilmembers Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon
Stansell.
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CITY CO
UNCIL ABSENT: Deputy Mayor Pro Tern Gregory Jones.
IISTAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
C Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of
Information Technology Dale Dean, SQL Database Administrator Sam Cobb,
Information Systems Technician Vicky Roche, Director of Community Services Chris
kw Tribble, Deputy Director of Community Services Kerry McGeath, Construction Manager
Peter Kao, Director of Finance Sharen Jackson, Director of Human Resources Kevin
Hugman, Director of Planning and Development Services Ken Baker, Chief Building
Official Paul Ward, Planner II Clayton Comstock, 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 Cheryl Taylor, Public Works Operations Manager Chuck
Kendrick, City Attorney E. Allen Taylor, and City Secretary Lori Payne.
I WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor
IWambsganss at 5:08 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month Doug Allison gave the invocation.
Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 3. Discuss request by Alliance for Children for City of Southlake
participation in their Child Abuse Prevention Month awareness campaign. Assistant City
Manager Thatcher made opening comments and then introduced Associate Director of
Alliance for Children Julie Evans who presented this item to Council and answered their
questions.
Agenda Item No. 4. Discuss updates to Ordinance No. 895 water conservation and
Ordinance No. 662 drought contingency/emergency water management plan. Public
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009
Page 1 of 8
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Operations Manager Kendrick presented this item to Council and answered their
is 4,, questions.
Agenda Item No. 5. Discuss arterial street lighting options. Civil Engineer James
presented this item to Council and answered their questions. Director Price also
answered Council's questions.
Agenda Item No. 6. Discuss all items on tonight's meeting agenda. City Council
reviewed the consent agenda items with city staff. Item 8A was added to the consent
agenda.
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Mayor Wambsganss closed the work session at 6:12 p.m.
IREGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
IWambsganss at 6:12 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council
would be going into Executive Session pursuant to the Texas Government Code
Section 551.071, seek advice from the city attorney, and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
kw Session at 6:13 p.m.
Executive Session began at 6:45 p.m. and ended at 7:34 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:44 p.m. and asked if any action was necessary from Executive Session. No action
was necessary.
II Agenda Item No. 3A1. Mayor's Report - update of upcoming meetings and events.
Mayor Wambsganss announced upcoming meetings and events. Councilmember Hill
discussed the SPARK event on February 24 which will present Rachel's Challenge to
the community.
Agenda Item No. 3B1. City Manager's Report — city projects progress report. City
Manager Yelverton reported on City projects and announced that Standard and Poor's
upgraded the City's bond rating from AA to AAA.
II Agenda Item No. 3C. Parks and Recreation Board Report. Park Board member Elaine
Cox presented announced upcoming meetings and events.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. Mayor Wambsganss read the items into the
record.
L41100"
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009
Page 2 of 8
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Agenda Item No. 4A. Approve minutes from the February 3, 2009 regular City Council
L — meeting. The minutes were approved as presented.
Agenda Item No. 4B. Resolution No. 09-007, Approve a resolution of support for the
construction of the DFW Connector Project by TxDOT. 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
EMPHASIZING THE IMPORTANCE OF THE DFW CONNECTOR PROJECT TO THE
IMPROVEMENT OF TRANSPORTATION MOBILITY IN THIS AREA AND THE
ENTIRE DFW METROPLEX.
Agenda Item No. 4C. Approve the renaming of Plaza Park to "Frank Edgar Cornish, IV
Park." Director Tribble presented this item to Council during the work session. Mr.
Cornish's wife, Robin, thanked Council for considering this item in honor of her late
husband.
Agenda Item No. 4D. Approve the concept design for improvements to the Plaza Park
pergolas. A presentation was not made on this item.
Agenda Item No. 4E. Ordinance No. 480-579, 1st Reading (ZA08-062), Zoning Change
filiv and Concept Plan for 520 South White Chapel Boulevard on property being described
as Tract 3E, Hiram Granberry Survey, Abstract No. 581 and being located at 520 South
White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning:
SF-20A Single Family Residential District. SPIN Neighborhood #14. This item was
tabled to the March 3, 2009, City Council meeting.
Agenda Item No. 8A. Resolution No. 09-009, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a right of way for construction and
maintenance of roundabout intersection improvements at the intersection of East Dove
Road and North Carroll Avenue from Lot 1, Block 1, Emerald Estates South located at
2379 North Carroll Avenue. A presentation was not made on this item. In accordance
Iwith Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF
OBTAINING A RIGHT OF WAY FOR THE PURPOSE OF CONSTRUCTION AND
MAINTENANCE OF ROUNDABOUT INTERSECTION IMPROVEMENTS OR FOR
OTHER PUBLIC PURPOSES PERMITTED BY LAW.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; to table 4E to the
C March 3, 2009 City Council meeting; and 8A.
Motion: Terrell
Second: Muyzka
rr.
Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009
Page 3 of 8
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Nays: None
I .r Approved: 6-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Wambsganss opened the public forum. No
one spoke during public forum.
Agenda Item 6A. ZA07-144, Site Plan for Lot 1, Players Circle on property being legally
described as Lot 1, Block 1, Players Circle Addition and being located at 1901 West
Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN
Neighborhood #16. Planner Comstock presented this item to Council. Applicant Bennet
Liu, 4628 Redwood Court, Irving, Texas answered Council's questions. Council
discussed this request.
No one spoke during the public hearing.
Motion was made to deny ZA07-144, Site Plan for Lot 1, Players Circle.
Motion: Terrell
Second: Stansell
Ayes: Hill, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Abstains: Muller
kw Approved: 5-0-1 (to deny)
Agenda Item No. 6B. Ordinance No. 480-578, 2nd Reading (ZA08-075), Zoning Change
and Development Plan for Ridgeview at Southlake being Tracts 2A, 2A1, 2A5C, and
2A6, W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and 1C, Thomas J. Thompson
Survey, Abstract No. 1502 and located at 505, 507, 511, 515, and 519 Davis Boulevard.
Current Zoning: AG Agricultural District, S-P-1 Detailed Site Plan District, and SF-20A
Single Family Residential District. Proposed Zoning: TZD Transition Zoning District.
SPIN Neighborhood #16. Planner Comstock presented this item to Council in
conjunction with item 6C. Applicant Curtis Young with Sage Group, 1130 North Carroll
Avenue, 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:
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 2A,
2A1, 2A5C, AND 2A6 IN THE W.R. EAVES SURVEY, ABSTRACT NO. 500 AND
TRACTS 1 AND 1C, THOMAS J. THOMPSON SURVEY, ABSTRACT NO. 1502,
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 13.22 ACRES
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM ""AG"
AGRICULTURAL DISTRICT, "S-P-1" DETAILED SITE PLAN DISTRICT, AND "SF-20A"
SINGLE FAMILY RESIDENTIAL DISTRICT TO "S-P-1" DETAILED SITE PLAN
'"` DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009
Page 4 of 8
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1 HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE
14aw 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.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-578, 2nd Reading (ZA08-075), Zoning
Change and Development Plan for Ridgeview at Southlake subject to the CC&R's as
submitted; approving the modifications and variances as requested, however, requiring
a six-foot (instead of the proposed five-foot) sidewalk on Davis Boulevard; subject to
Development Review Summary No. 3, dated October 31, 2008; and subject to a
requirement that on-street parking not be restricted to businesses only.
Motion: Stansell
Second: Muzyka
Ayes: Hill, Muzyka, Stansell, Terrell, Wambsganss
kw Nays: Muller
Approved: 5-1
Agenda Item No. 6C. ZA08-102, Preliminary Plat for Ridgeview at Southlake being
Tracts 2A, 2A1, 2A5C, and 2A6 W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and
1C, Thomas J. Thompson Survey, Abstract No. 1502 and being located at 505, 507,
511, 515, and 519 Davis Boulevard. Current Zoning: AG Agricultural District, S-P-1
Detailed Site Plan District, and SF-20A Single Family Residential District. Proposed
Zoning: TZD Transition Zoning District. SPIN Neighborhood #16. Planner Comstock
presented this item to Council in conjunction with item 6B. Applicant Curtis Young with
Sage Group, 1130 North Carroll Avenue, Southlake, Texas answered Council's
questions.
Motion was made to approve ZA08-102, Preliminary Plat for Ridgeview at Southlake
subject to Plat Review Summary No. 1, dated October 31, 2008.
Motion: Stansell
Second: Terrell
Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 6D. Ordinance No. 480-187b, 2nd Reading (ZA08-109), Zoning
Change and Site Plan for The Spanish Schoolhouse at the 280 Sports Complex on
property being described as Lot 2R, Block B, Commerce Business Park Addition and
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009
Page 5 of 8
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being located at 280 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan
,r, District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7.
Director Baker presented this item to Council and answered Council's questions.
Applicant Christi Abercrombie 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 LOT
2R, BLOCK B, COMMERCE BUSINESS PARK, BEING APPROXIMATELY 4.15
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"S-P-1" DETAILED SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL DISTRICT
USES TO INCLUDE RETAIL FURNITURE SALES (AS CURRENTLY EXISTS) AND
INDOOR ENTERTAINMENT USES TO "S-P-1" DETAILED SITE PLAN DISTRICT
WITH "I-1" LIGHT INDUSTRIAL DISTRICT USES TO INCLUDE RETAIL FURNITURE
SALES (AS CURRENTLY EXISTS), INDOOR ENTERTAINMENT USES PRE-SCHOOL
AND KINDERGARTEN, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
riliw 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.
No one spoke duringthe public p p b c hearing.
Council continued discussion of this request.
Motion was made to approve Ordinance No. 480-187b, 2nd Reading (ZA08-109), Zoning
Change and Site Plan for The Spanish Schoolhouse at the 280 Sports Complex subject
to the recommendations of the Planning and Zoning Commission; subject to City
Council's motion on first reading; accepting the applicant's commitment to install
Japanese holly outside the fence that will eventually grow six feet in height; requiring
the installation of a wrought iron fence which would be anchored as presented except
that the applicant will add stone columns in accordance with existing spacing that
already exists on the rest of the building with no less than four columns; and granting
the variance for the reduction in landscape islands.
Motion: Stansell
Second: Terrell
Ayes: Hill, Muzyka, Stansell, Terrell, Wambsganss
1 .r
Nays: Muller
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009
Page 6 of 8
I
Approved: 5-1
114-- Agenda Item No. 6E. Resolution No. 09-008, (ZA08-099) Specific Use Permit for a
Mass Gathering for Southlake Green Day Event on property being described as Blocks
7 and 8, and adjacent right-of-way, Southlake Town Square, Phase I and being located
at 1400 Fountain Place and 1400 East Southiake Boulevard. Current Zoning: DT
Downtown District. SPIN Neighborhood #8. Director Baker presented this item to
Council and answered their questions. Director Tribble also answered Council's
questions. Applicant Audra Lewandowski, 405 Indian Paintbrush Way, Southlake,
Texas, and President of Greenfellows, Inc. 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:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR
SOUTHLAKE GREEN DAY EVENT ON MARCH 28, 2009 ON PROPERTY LOCATED
AT 1400 FOUNTAIN PLACE AND 1400 EAST SOUTHLAKE BOULEVARD BEING
LEGALLY DESCRIBED AS BLOCKS 7 AND 8, AND ADJACENT RIGHT-OF-WAY,
SOUTHLAKE TOWN SQUARE, PHASE I, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND
PROVIDING AN EFFECTIVE DATE.
No on spoke during the public hearing.
Motion was made to approve Resolution No. 09-008, (ZA08-099) Specific Use Permit
for a Mass Gathering for Southlake Green Day Event as presented.
Motion: Stansell
Second: Hill
Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Mayor Wambsganss called for a break at 9:29 p.m. and reconvened the meeting at 9:43
p.m.
Agenda Item No. 7A. Ordinance No. 480-343a, 1st Reading (ZA08-112), Zoning
Change and Site Plan for Safety Town Park on property being described as Lot 3, Block
1, Corner Addition and being located at 2100 West Southiake Boulevard and 200 North
Randol Mill Avenue. Current Zoning: S-P-1 Detailed Site Plan District. Requested
Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #13. Director Baker
presented this item to Council. Chief Finn also made a presentation and answered
Council's questions.
Council discussed this request.
Law
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009
Page 7 of 8
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# Assistant City Manager/ Director Blagg answered Council's questions.
L.,
Mayor Wambsganss allowed the public to speak.
I Dianne Dorman, 100 Ascot Drive, Southiake, Texas stated her concerns about the
project.
Motion was made to approve Ordinance No. 480-343a, 1st Reading (ZA08-112), Zoning
Change and Site Plan for Safety Town Park as presented.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
IApproved: 6-0
Agenda Item No. 9A. Approve concept design for F.M. 1709 median landscaping.
Director Tribble presented this item to Council and answered Council's questions.
Landscape Architect with Jacobs Engineering, Randy Sorensen, answered Council's
questions. Council discussed this item.
Motion was made to approve concept design for F.M. 1709 median landscaping as
presented and directing staff to evaluate the extension of the Town Square median
kw portion to Summit Avenue as recommended by Councilmember Muller.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss
Nays: Stansell
Approved: 5-1
Item No. 11. Meeting Mayor Wambsganss adjourned the meeting at
Agenda adjourned. Y 9 1
10:46 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
IAndy Wam sganss
Mayor
I ATTEST: ,.. U�;-LA-
J P
• e A e
04,(A: ar- d •t�,� •
Payne, TRs,
Y
Lori ;`�'
City Secretary •% • 0
,,',,,,,,III*'**,,`,`,,.
L4--
If REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009
Page 8 of 8
` uthlake City Council meeting ...�
Public Comment Form
Please print. Return completed form to City Secretary prior to start of regular session.
Name: 1) rv-e Nprryta Date: Old (
Address: 60 l S t/z- 5 L
Phone: C 90_5 r q e0d-'
I wish to share my views on an Agenda Item:
Agenda Item#
I will speak in SUPPORT of this item
I will speak in OPPOSITION to this item
I do not wish to speak, but please record my
SUPPORT OPPOSITION
I wish to speak during Public Forum on an item not on tonight's agenda
Topic:
Note: To allow everyone an opportunity to be heard,please limit your comments to 3 minutes.
Description City Council meeting - Mayor, Muzyka, Terrell, Muller, Stansell, Hill - absent -
Jones
4uv Date 2/17/2009 Location Southlake Council Chambers
C
City Council meeting - Mayor, Muzyka, Terrell, Muller, Stansell Southlake Council Chambers
Time Speaker Note
r 5:08:59 PM Mayor Andy called the regular meeting work session to order
I4.. Wambsganss
5:09:13 PM Doug Allison, gave the invocation
Chaplain of the
lMonth •
5:09:22 PM Mayor led the pledge of allegiance
5:10:51 PM Ben Thatcher made introductory comments and then introduced Associate
[ Director Julie Evans of Alliance for Children -April 1 would
be the kick off date of this year's campaign - they want to
light blue lights with a sign all over the County to represent
I abused children
5:16:28 PM Council discussed this request and possible future requests and how
it would be handled within city regulations for signage and
Ilighting
5:19:00 PM City Manager said staff could certainly work with Alliance for Children and
Yelverton come up with a plan that works while staff continues to
i evaluate future requests
5:21:09 PM Ms. Evans asked if there would be a Councilmember available on April
1 at 7:00 p.m. at Town Hall to issue the proclamation at the
II kickoff event
5:23:14 PM Mayor introduced work session item
5:23:28 PM Public Operations presented work session item 4 to Council and discussed the
kw Manager Chuck water conservation and drought contingency plan
Kendrick ordinances; he began with the drought contingency plan
1 5:38:23 PM Kendrick paused for questions and discussion regarding the drought '
contigency plan
5:38:59 PM Kendrick presented information for the water conservation plan
1 .
5:42:07 PM Engineer Michael presented work session item 5 to Council
James
I5:50:42 PM James concluded his presentation and answered Council's
questions
5:52:19 PM Council discussed this item
I5:52:26 PM Muller asked if there is a need for street lights, are there new
conditions that are driving this need
I 5:53:11 PM Terrell
5:53:52 PM Mayor why arent the proposed lights staggered
he can see the larger, 5 lane arterials with a need for lights
but the smaller lane roads that have never had lights, he an
I . see remaining without lights, keep the rural feel
5:55:50 PM City Council are we limited to just the choices that have been presented;
member Stansell recalls seeing an old fashioned type light that looks better
IIthan the box light
5:57:51 PM Director Bob Price discussed the electric providers for Southlake and the lights
promoted by them •
_ ...... .. ... .. . . . ... . i
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E2/17/2009 2 of 6
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City Council meeting - Mayor, Muzyka, Terrell, Muller, StansellSouthlake Council Chambers
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Time Speaker Note
' 6:00:22 PM City Council how does this impact the proposed median landscaping
I d., member Muller
6:01:52 PM Mayor Pro Tern Gateway Church prefers the look of the Gullwing fixture -
Terrell discussed the city's ability to regulate or influence the types
Eof lights on their property
6:06:11 PM Mayor presented the consent agenda items and read through them
- 4A, 4B, 4C, 4D, 4E to table to March 3; 8A
[
6:07:28 PM Director Chris presented item 4C to Council; also present was John
Tribble Slocum and Mr. Cornish's wife, Robin Cornish
6:09:34 PM PRobin Cornish thanked Council and the Parks Board
6:12:34 PM Mayor closed the work session and opened the regular session
6:13:08 PM Mayor called for an executive session
7:44:45 PM Mayor reconvened the regular meeting following executive session
7:45:09 PM Mayor reported on upcoming meetings and events
7:46:11 PM City Council discussed the February SPARK community wide event -
I member Laura Hill Rachel's Challenge which promotes random acts of
kindness
7:49:38 PM City Manager reported on city projects - reported that Standard and Poors
r& Shana Yelverton upgraded the City from a AA to a AAA
7:51:18 PM Elaine Cox reported on upcoming meetings and events for the Parks
ir and Recreation Board
7:53:57 PM Mayor read through consent agenda items - 4A, 4B, 4C, 4D, to
table 4E to the March 3 meeting, and including item 8A
I 7:55:15 PM Terrell motion to approve consent agenda
7:55:17 PM pMuzkya second - consent agenda approved 6-0
t 7:56:24 PM public forum no one spoke
I 7:56:35 PM Clayton Comstock presented item 6A to Council - impervious coverage, what
was P and Z's thought in changing the plan, lots remaining
undeveloped
8:06:21 PM Applicant Van answered Council's questions - square footage, types of
Delou - could not uses for the two spaces, retail versus restaurant, type of
understand name restaurant, multi-tenant building versus a single tenant
I restaurant, architecture is different than the original concept
plan
8:14:42 PM public hearing no one spoke
I 8:15:08 PM Muzyka where would the third door be located
8:15:46 PM Terrell drive-through component
8:16:26 PM Mayor a family style, sit down restaurant would be welcome in this
area of town
8:17:37 PM Mayor discussed the options with the attorney, with prejudice
versus without prejudice
L4._ 8:18:37 PM pTerrell motion to deny item 6A
2/17/2009 3 of 6
1
City Council meeting - Mayor, Muzyka, Terrell, Muller, Stansell Southlake Council Chambers
Time Speaker Note
/ 8:19:02 PM Stansell second - approved to deny 5-0-1 - Muller •
L41111, 8:19:50 PM Clayton Comstock presented items 6B and 6C to Council
8:28:43 PM Council asked questions and discussed this request
C 8:31:25 PM Applicant Curtis answered questions of Council
Young, Sage
Group
1 8:32:10 PM Muller offices isolated from residential road
8:37:40 PM Council discussed greenbelt/parking
I 8:38:24 PM public hearing no one spoke
8:39:54 PM Muller
expressed concern over the office accessing off of the
residential road
I 8:41:52 PM .Stansell CCandRs
8:42:26 PM Stansell motion to approve item 6B subject to the CCandRs as
submitted and approving the four modifications and
I variances as requested, parking will not be restricted...,
subject to review, Clayton's comments about sidewalk??
I 8:43:52 PM Terrell
8:44:14 PM Stansell second - approved 5-1 Muller
motion to approve item 6C subject to review
8:44:46 PM Terrell second - approved 6-0
r8:45:12 PM Ken Baker presented item 6D to Council
libr 8:52:45 PM Applicant Christi answered questions regarding fencing, safety, types of
Abercrombie landscaping - Japanese hollies - on the outside of the fence, ,
1 8:57:24 PM Terrell •
still would like some of the stone columns integrated in with
the posts
I9:06:44 PM spacing of the columns similar to what is shown, 6 foot
height, and not less than four columns
9:07:59 PM public hearing no one spoke
I9:09:12 PM Stansell motion to approve item 6D subject to p and z approval, •
subject to Council approval on first reading, applicant to
install Japanese holly that will grow 6 feet, installing a
Iwrought iron fence with stone columns according to existing
spacing shown with no less than four stone columns, subject:
to variances
9:10:19 PM Terrell second - approved 5-1 Muller
9:10:42 PM Ken Baker presented item 6E to Council
I9:16:09 PM Council asked staff questions
9:18:52 PM Director Chris answered questions about staff time needed for this event,
ITribble as well as needs for police and EMS coverage
9:20:59 PM Terrell marketing coverage that city could help with - such as
Bicentennial Park marquee sign, possibly cable channel
I. viw . ..
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City Council meeting - Mayor, Muzyka, Terrell, Muller, Stansell Southlake Council Chambers
[ Time Speaker Note
# 9:22:38 PM Applicant Audrey presented this item to Council and answered questions
i 4110, Levendesky, Indian
Paintbrush Way
If9:26:40 PM Council asked questions of applicant - marketing plan, information,
9:29:06 PM public hearing no one spoke
II9:29:11 PM Stansell motion to approve item 6E as presented
9:29:33 PM Hill second - approved 6-0
1 9:29:49 PM Mayor
9:43:23 PM Mayor called for a break
reconvened meeting
9:43:32 PM Ken Baker presented item 7A to Council
[ 9:53:48 PM Chief Robert Finn made a presentation to Council and answered questions
•
10:05:31 PM Terrell commended everyone for their hard work on this effort, •
[ talked about sponsorships
10:06:31 PM Mayor discussed step number one being zoning/site plan,
sponsorships will come
I 10:08:45 PM Hill will have some handpainted tiles from children around town
from the SPARK event on February
10:11:12 PM Muller drop off point, classroom use and reservations, maintenance.
Eof bikes and accessories, building construction
lillw 10:12:09 PM'Stansell operating hours - during school day, facility is open by
C appointment
10:13:37 PM Director Jim Blagg Robert Garza and his firm have donated all of their time
working on this project, Lee Lewis Construction has also
I donated time
10:14:24 PM Mayor allowed public to speak
10:14:37 PM Dianne Dorman sexual offender issues, store front displays, traffic concerns,
li 10:15:51 PM Blagg widening of Randol Mill proximity to fence,
Parks Board accepted this property as a park, there will be
no displays in the store fronts, is working with Lee
i Engineering to do a traffic analysis of the area, ROW on
Randol Mill is 100 feet and from back of curb to this fence is
about 20 feet
1
10:21:29 PM no other audience
member spoke
I 1 0:2 2:3 8 PM Robert Garza displayed suggested material components for Council to
review
10:24:33 PM Terrell motion to approve item 7A as presented
[ 10:24:47 PM Muzyka second approved 6-0
10:25:07 PM Chris Tribble presented item 9A to Council
.... _... ... . . ... ..
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E2/17/2009 5 of 6
City Council meeting - Mayor, Muzyka, Terrell, Muller, Stansell Southlake Council Chambers
Time Speaker Note
10:34:24 PM Mayor discussed timing of the median, money for the Town Square
L - portion, may want to install sprinkling, etc. on the entire strip
of medians even if the money isnt there right now to install
landscaping, Tribble said it would be cost prohibitive to do it
lc at another time, if we want any sort of landscaping in a
median we must install the infrastructure at the time of
median installation
II10:36:00 PM Muller seems like the Town Square zone should go through
Summit Avenue instead of stopping where it is shown •
10:38:04 PM Muller crape myrtles
10:38:22 PM Tribble will request single trunk and not multiple trunk •
10:39:06 PM Randy ? - discussed Bradford Pear trees •
landscape architect
10:40:08 PM Stansell brought up xeroscape landscaping and types of plantings to
be green .
10:42:23 PM.Muller drip irrigation
•
10:44:40 PM Terrell motion to approve as presented with staff looking at
extending the Town Square portion to Summit Avenue as
Muller recommended
IL
10:44:42 PM.Muzyka second approved 5-1 Stansell •
•
Mae 10:46:00 PM Mayor adjourned meeting
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6000 WESTERN PLACE,SUITE 200 TELEPHONE:(817)332-2580
Taylor Olson Adkins Sralla Elam
I-30 AT BRYANT-IRVIN ROAD L.L.P. TOLL FREE:(800)318-3400
FORT WORTH,TEXAS 76107-4654 FACSIMILE:(817)332-4740
f EMAIL:TOASE@TOASE.COM Attorneys Counselors WEBSITE:WWW.TOASE.COM
V
E.ALLEN TAYLOR,JR.
EXT. 212
ataylorna toase.com
February 17, 2009
CCONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE
CVIA HAND DELIVERY
Mayor and City Councilmembers
C City of Southlake
1400 Main Street
Southlake, Texas 76092
CRe: Legality of Executive Session Posting
Dear Mayor and Councilmembers:
‘116, You have asked our office to review the executive session posting for the February 17,2009,
C regular city council meeting. It is my understanding that the following executive session has been
posted for the requisite time:
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
C 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.
C1. Section 551.072: Deliberation regarding real property
Ca. Acquisition of right-of-way for T. W. King 30-inch water line.
2. Section 551.087: Deliberation regarding economic development
Cnegotiations
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
I
... 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
W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.111.02-17-09Wpd.Wpd
February 17, 2009
Page 2
a..f
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.
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.
i>r 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. .
E,
Section 551.074: Deliberation regarding personnel matters
The City Council may deliberate the appointment, employment, evaluation, reassignment, duties,
discipline,or dismissal ofpublic officers,including the City Manager,City Secretary,City Attorney,
Municipal Judge and some city boards and commission members. A complete list of the city boards
and commissions is on file in the City Secretary's Office.
Section 551.076: Deliberation regarding security devices
The City Council may deliberate the deployment, or specific occasions for implementation of
security personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations
The City Council may discuss or deliberate regarding commercial or financial information received
from a business prospect that the city seeks to have locate, stay, or expand in or near the city and
which the City is conducting economic development negotiations; or to deliberate the offer of a
financial or other incentive to a business prospect as described above.
Section 418.183(f): Texas Disaster Act
The City Council may deliberate information: 1) for purposes of preventing, investigating, or
fig 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
Iif W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.111.02-17-09wpd.wpd
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February 17, 2009
Page 3
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 ofpipeline infrastructures or facilities when those plans or discussions contain such sensitive
information.
The purpose of this letter is to provide an opinion whether the city council may legally
discuss the above-referenced topics in executive session. Based upon the guidelines we have
previously supplied the city council, and subject to the discussion below, we conclude that all the
posted items fall within an exception to the Open Meetings Act, Government Code, Chapter 551.
Therefore,discussion on these matters may legally occur in closed session. In addition,this opinion
extends to any legal advice given to the council in executive session.
It is appropriate for the council to receive legal advice from our office about any of the above
listed lawsuits or claims.
Further, it is appropriate for the council to discuss in executive session the exchange, lease
or value of real property under Section 551.072 if the city council reasonably believes that
deliberation in open session would have a detrimental effect on the city's negotiations for that
property.
Additionally,it is appropriate for the council to deliberate in executive session a negotiated
contract for a prospective gift or donation under Section 551.073 if the city council reasonably
believes that deliberation in an open meeting would have a detrimental effect on the position of the
city.
Under Section 551.074, the city council may deliberate the appointment or employment of
a city officer, or employee. Under Attorney General opinions rendered in different contexts, the
Attorney General has concluded that personnel discussions under this section must pertain to an
individual, rather than a class of employees.
Further, under Section 551.074, the city council may deliberate the appointment,
employment,evaluation,reassignment,duties,discipline,or dismissal of a city officer,including the
W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.111.02-17-09wpd.wpd
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February 17, 2009
Page 4
city manager and city secretary.
If you have any additional questions or concerns,please feel free to contact our office.
Sincerely,
E. Allen Tay , Jr.
EAT/ds
cc: Shana Yelverton
City of Southlake
1400 Main Street
Suite 460
Southlake, Texas 76092
Lori Payne
City of Southlake
1400 Main Street
Suite 270
Southlake, Texas 76092
C
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WA.Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.111.02-17-09wpd.wpd
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CITY OF
s I
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: FEBRUARY 17, 2009
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:00 P.M.
i 1. Call to order.
2. Invocation: Doug Allison, Chaplain of the Month
3. Discuss request by Alliance for Children for City of Southlake participation in their
Child Abuse Prevention Month awareness campaign.
4. Discuss updates to Ordinance No. 895 water conservation and Ordinance No.
662 drought contingency/emergency water management plan.
5. Discuss arterial street lighting options.
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
u suant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074,
111 551.076, 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. Acquisition of right-of-way for T.W. King 30-inch water line.
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
City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
al
• .
• City of Southlake
City Council meeting agenda
February 17,2009
Page 2 of 6
... 1. Update of upcoming meetings and events
B. City Manager's Report
1. City project progress report
C. Parks and Recreation Board Report
1. Update of upcoming meetings and events
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 February 3, 2009 regular City Council meeting.
B. Resolution No. 09-007, Approve a resolution of support for the
construction of the DFW Connector Project by TxDOT.
C. Approve the renaming of Plaza Park to "Frank Edgar Cornish, IV Park."
D. Approve the concept design for improvements to the Plaza Park pergolas.
E. Ordinance No. 480-579, 1st Reading (ZA08-062), Zoning Change and
Concept Plan for 520 South White Chapel Boulevard on property being
described as Tract 3E, Hiram Granberry Survey, Abstract No. 581 and
being located at 520 South White Chapel Boulevard. Current Zoning: AG
Agricultural District. Requested Zoning: SF-20A Single Family Residential
District. SPIN Neighborhood #14. THIS ITEM HAS BEEN TABLED TO
THE MARCH 3, 2009 CITY COUNCIL MEETING.
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.)
6. Ordinances, second readings, public hearings, and related items:
A. ZA07-144, Site Plan for Lot 1, Players Circle on property being legally
described as Lot 1, Block 1, Players Circle Addition and being located at
1901 West Southlake Boulevard. Current Zoning: C3 General Commercial
District. SPIN Neighborhood #16. PUBLIC HEARING
B. Ordinance No. 480-578, 2nd Reading (ZA08-075), Zoning Change and
Development Plan for Ridgeview at Southlake being Tracts 2A, 2A1,
2A5C, and 2A6, W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and
1 C, Thomas J. Thompson Survey, Abstract No. 1502 and located at 505,
City of Southlake values:
Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
IL
•
• City of Southlake
City Council meeting agenda
February 17,2009
Page 3 of 6
507, 511, 515, and 519 Davis Boulevard. Current Zoning: AG Agricultural
District, S-P-1 Detailed Site Plan District, and SF-20A Single Family
Residential District. Proposed Zoning: TZD Transition Zoning District.
SPIN Neighborhood #16. PUBLIC HEARING
C. ZA08-102, Preliminary Plat for Ridgeview at Southlake being Tracts 2A,
2A1, 2A5C, and 2A6 W.R. Eaves Survey, Abstract No. 500 and Tracts 1
and 1 C, Thomas J. Thompson Survey, Abstract No. 1502 and being
located at 505, 507, 511, 515, and 519 Davis Boulevard. Current Zoning:
AG Agricultural District, S-P-1 Detailed Site Plan District, and SF-20A
Single Family Residential District. Proposed Zoning: TZD Transition
Zoning District. SPIN Neighborhood #16.
D. Ordinance No. 480-187b, 2nd ReadingZA08-109 , ZoningChange and
( ) 9
Site Plan for The Spanish Schoolhouse at the 280 Sports Complex on
property being described as Lot 2R, Block B, Commerce Business Park
Addition and being located at 280 Commerce Street. Current Zoning: S-
P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site
Plan District. SPIN Neighborhood #7. PUBLIC HEARING
E. Resolution No. 09-008, (ZA08-099) Specific Use Permit for a Mass
Gathering for Southlake Green Day Event on property being described as
Blocks 7 and 8, and adjacent right-of-way, Southlake Town Square, Phase
I and being located at 1400 Fountain Place and 1400 East Southlake
Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood
#8. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-343a, 1st Reading (ZA08-112), Zoning Change and
Site Plan for Safety Town Park on property being described as Lot 3,
Block 1, Corner Addition and being located at 2100 West Southlake
Boulevard and 200 North Randol Mill Avenue. Current Zoning: S-P-1
Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan
District. SPIN Neighborhood #13. (If approved at first reading, the public
hearing will be held March 3, 2009.)
8. Resolutions:
A. Resolution No. 09-009, Authorize the city attorney to bring condemnation
action for the purpose of obtaining a right of way for construction and
maintenance of roundabout intersection improvements at the intersection
of East Dove Road and North Carroll Avenue from Lot 1, Block 1, Emerald
Estates South located at 2379 North Carroll Avenue.
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City of Southlake values:
Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 17,2009
Page 4 of 6
LA° 9. Other items for consideration:
A. Approve concept design for F.M. 1709 median landscaping.
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, February 13, 2009, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Lori Payne, TRM ilkcn
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City Secretary 1.3 t. •
If you plan to attend this public#1,Npt* 'have a disability that requires special needs, please
advise the City Secretary's Office4.17 hours in advance at 817-748-8016 and reasonable
accommodations will be made to assist you.
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City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
E -
City of Southlake
City Council meeting agenda
February 17, 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 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.
LAw
City of Southlake values:
Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 17,2009
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.
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City of Southlake values:
Integrity• Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
II
CITY OF SOUTHLAKE
JOINT CITY COUNCIL/SPIN STANDING COMMITTEE MEETING:
February 10,2009
I
' LOCATION: 1400 Main Street, Southlake, Texas
Executive Conference Room
TIME: 5:30 P.M.
REGULAR AGENDA
1. Call to order
2. SPIN Map Revision Project(Clayton Comstock, City Planner)-30 minutes
3. City Manager's Report-5 minutes
• Budget Update
• Election Information
4. City Council Reports-5 minutes
5. SPIN Neighborhood Reports-20 minutes
6. Close Joint City Council/SPIN Standing Committee Meeting
I 7. Approve minutes for the January 13, 2009 regular SPIN Standing Committee meeting - 5
minutes
filby 8. SPIN Standing Committee map revision discussion-20 minutes
9. Approve the placement of a tree in Liberty Garden in memory of Bill Kyle-5 minutes
I 10. Administrative Comments-20 minutes
• 2009 Officer Elections
• Upcoming SPIN Meetings
11. Open Forum- 10 minutes
12. Adjourn
IA quorum of the City Council may or may not be present at this meeting.
CERTIFICATE
I
I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main
Street, Southlake, Texas, on Friday, February 6, 2009 by 6:00 p.m., pursuant to the Texas Government
I Code, Chapter 551.
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Lori Payne, TRMC =o V ,
City Secretary = } : e ' =
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If you plan to attend this pubk9 rribeting acrfha e a disability that requires special needs, please advise
the City Secretary's Office 48 Ikys in 4cIytonce`at 817-481-1490 and reasonable accommodations will be
made to assist you. ,,,,,,ei,,N,,,
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, 1 Ss SOUTHLAKE
V.' , ,, TEXAS
SOUTHLAK
E CITY EMPLOYEE AWARDS BANQUET: FEBRUARY 7. 2009
Hilton LOCATION: Southlake
1400 Plaza Place
Statler Ballroom
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 January 30, 2009, by 5:00 p.m., pursuant
Et to the Texas Government Code, Chapter 551.
Nosy hx,c. p
CLori Payne, TRril--- _,. - e
City Secretary "'
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STATE OF TEXAS §
§
CITY OF SOUTHLAKE §
CERTIFIED AGENDA
CITY COUNCIL
I, Mayor Andy Wambsganss, CITY OF SOUTHLAKE, TEXAS, HEREBY CERTIFY AS FOLLOWS:
1. That notice of an executive session in accordance with Chapter 551 of the Texas Government
Code was duly posted along with the Regular Agenda for the 2-17-O? , City Council
meeting on Z-(.3-O'' , by (":OO a.m i
2. That t - City Council convened in executive session on 2.-11-O'f , at Co=c(S— ,
a.m p. ith the following Councilmembers and staff members present:
Mayor Andy Wambsganss Shana Yelverton, City Manager
John Terrell Jim Blagg, Assistant City Manager
Virginia M. Muzyka Ben Thatcher, Assistant City Manager
Laura K. Hill Lori Payne, City§ecretary
-Greg-3artes' /h1.6e i4- City Attorney Allekt '-'�a Iv✓'
Vernon Stansell Other staff members:
Pamela Muller
3. That the matters discussed by the City Council were as follows:
(1) Pc tkl sA i CA o-rgo k) . ito IG�o 30_1,' c J Ire e
Other staff members present for (1): oL en-c e r-o a( (4pWir c-)
(2) K
Other staff members present for (2):
(3)
Other staff members present for (3):
(4)
Other staff members present for(4):
(5)
Other staff members present for (5):
4. No formal action was taken by the Council during executive session.
5. That the executive session ended on 2=1-1—Oct at / ' 311 a.m. el
04),,e,c'pare_
Lori Payne Andy Wambsganss
City Secretary Mayor
N:\City Secretary\Forms\certified agenda 2008.doc
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