2009-11-03 CC Packet C
CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 3, 2009
LOCATION: 1400 Main Street, Southlake, Texas
City Council Chambers
CITY COUNCIL PRESENT: Mayor Pro Tern Virginia M. Muzyka, Deputy Mayor Pro
Tern Laura K. Hill and Councilmembers Brandon Bledsoe, Gregory Jones, Carolyn
Morris, and Pamela A. Muller.
CITY COUNCIL ABSENT: Mayor John Terrell.
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
Community Services Chris Tribble, Deputy Director of Community Services Kerry
McGeath, Director of Economic Development Greg Last, Director of Finance Sharen
Jackson, Assistant Director of Finance Sean Leonard, Director of Human Resources
ft Kevin Hugman, Information Technology Technician Eric Lusk, Director of Planning and
Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Clayton
Comstock, Chief of Fire Services Mike Starr, Deputy Fire Chief Bryan Thomas, Chief of
Police Services Robert Finn, Deputy Police Chief Rusty Daniels, Lieutenant Ben Brown,
Police Officer Kevin Diehl, Director of Public Works Robert Price, Deputy Director of
Public Works Gordon Mayer, Civil Engineer Michael James, Civil Engineer Michelle
Speaker, 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 Pro
Tern Muzyka at 5:35 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Scott Berry, gave the invocation.
Mayor Pro Tem Muzyka led the pledge of allegiance.
Mayor Pro Tern Muzyka announced item 3A2 would be presented next.
Regular Session Agenda Item 3A2. Mayor's Report - Veteran's Day proclamation.
Mayor Pro Tern Muzyka read the proclamation and presented it to the following
employees, who are all veterans: Assistant City Manager Blagg, Lieutenant Brown,
Deputy Police Chief Daniels, Police Officer Diehl, and Deputy Fire Chief Thomas.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 3, 2009
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Agenda Item No. 3. Discuss proposed revisions to the Town Hall Use Policy. Assistant
..+ City Manager Thatcher presented this item and answered Council's questions. Deputy
Director McGeath presented information on the display of public art in Town Hall and
answered Council's questions. Council discussed this item.
Agenda Item No. 4. Update on Kirkwood-Carroll Connector and Highland Avenue
connection. Civil Engineer James presented this item and answered Council's
questions.
Agenda Item No. 5. Discuss all items on tonight's meeting agenda. Council reviewed
the consent agenda items. Item 9B was added to the consent agenda.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session of the City Council was called to
order by Mayor Pro Tern Muzyka at 6:29 p.m.
Agenda Item No. 2A. Executive Session. Mayor Pro Tern Muzyka announced City
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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 6:29 p.m. Executive Session began at 6:49 p.m. and ended at
EL 7:07 p.m.
me"" Agenda Item No. 2B. Reconvene. Mayor Pro Tern Muzyka reconvened the regular
meeting at 7:17 p.m. and asked if any action was necessary from Executive Session.
No action was necessary.
Agenda item No. 3A1. Mayor's Report - Update of upcoming meetings and events.
Mayor Pro Tern Muzyka announced upcoming meetings and events.
Agenda Item No. 3B1. City Manager's Report. City Manager Yelverton introduced
Assistant to the City Manager Ortowski who presented information on the 2009 Citizen's
Survey and the curbside leaf recycling program.
Agenda Item N .g o 3C.Library Board Report. A written report was included in Council's
packet.
Agenda Item No. 3D. Arts Council Report. Deputy Director McGeath introduced Terri
Messing who announced upcoming meetings and events of the Arts Council.
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 October 20, 2009 regular City Council
iew meeting. The minutes were approved as presented.
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Agenda Item No. 4B. Approve Change Order No. 2 for civil engineering modifications to
the existing construction contract for the Wholesale Meter Station Improvements with
41w Legacy Contracting, LP in the amount of $60,369 and amend the project budget.
Director Price answered Council's questions on this item during the Work Session.
Agenda Item No. 4C. Award construction contract for the Neighborhood Sanitary Sewer,
Water and Paving Improvements to North Texas Contracting, Inc. in the amount of
$3,748,737.54 and authorize construction phase contingencies. Director Price
answered Council's questions on this item during the Work Session.
Agenda Item No. 4D. Approve a Plat Extension request for ZA06-030, Preliminary Plat
for Saddleback Ridge Estates, located at 330 through 360 West Bob Jones Road.
Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #1. A
presentation was not made on this item. This plat was extended to June 7, 2011.
Agenda Item No. 4E. Approve a Plat Extension request for ZA06-185, Final Plat for
Saddleback Ridge Estates located at 330 through 360 West Bob Jones Road and 4640
North White Chapel Boulevard. Current Zoning: SF-1A Single Family Residential
District. SPIN Neighborhood #1. A presentation was not made on this item. This plat
was extended to January 19, 2011.
Approve Item No. 4F. Approve lighting upgrade for West Parking Garage through
Facility Solutions Group in the amount of $107,178.85. Director Price answered
Elio" Council's questions on this item during the Work Session.
Approve Item No. 4G. Approve the tabling of a Commercial Developer Agreement for
construction of a middle school on Kirkwood Boulevard at Blessed Way with Carroll
Independent School District. This item was tabled to the November 17, 2009 City
Council meeting.
Approve Item No. 4H. Resolution No. 09-068, (ZA09-043), Specific Use Permit for
Southlake Green Day Event (Mass Gathering) on property being described as Lot 1 R,
Block 3; Lot 5R, Block 4; and Blocks 7 and 8, Southlake Town Square and being
located at 140 State Street, 141 Grand Avenue, 1400 Fountain Place, and 1400 East
Southlake Boulevard. Current Zoning: DT— Downtown District. SPIN Neighborhood #8.
This item was tabled to the December 1, 2009 City Council meeting.
Agenda Item No. 9B. Approve termination of professional services contract with
Graham Associates, Inc. for the design of F.M. 1938, Precinct Line Road, from State
Highway 114 to West Southlake Boulevard and intersection improvements for F.M.
1938 and West Southlake Boulevard. A presentation was not made on this item.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D to extend to June 7,
2011; 4E to extend to January 19, 2011; 4F; to table item 4G to the November 17, 2009
City Council meeting; to table item 4H to the December 1, 2009 City Council meeting;
and including item 9B.
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Motion: Hill
Second: Muller
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Pro Tern Muzyka opened the public hearing.
Agenda Item No. 5A. Introduction of Robert Earley, new President and CEO of John
Peter Smith Hospital. Mr. Earley introduced himself to City Council.
Gail Santora from the Greater Southlake Women's Society thanked Council for the
support of the Festival of Trees and presented commemorative ornaments signed by
artist Trish Biddle.
Mayor Pro Tern Muzyka closed the public hearing.
Agenda Item No. 6A. Resolution No. 09-065, (ZA09-042), Specific Use Permit for an
accessory building for Koch Pipeline on property being described as Lot 2, Block 1, Fina
Addition and being located at 2350 State Highway 26 (Ira E. Woods Avenue). Current
Zoning: 12 Heavy Industrial District. SPIN Neighborhood #8. Planner Comstock
Cc, presented this item to Council. Applicant David Tullis, 5724 Crowder, Fort Worth, Texas
answered Council's questions. Applicant Michael Valdez, 5517 West Creek Drive, also
answered Council's questions.
Council discussed this request.
Mr. Tullis requested to table this item.
Motion was made to table Resolution No. 09-065, (ZA09-042), Specific Use Permit for
an accessory building for Koch Pipeline to the November 17, 2009 City Council
meeting.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka
Nays: None
Approved: 6-0
Councilmember Jones recused himself from items 6B and 6C and left the meeting.
Agenda Item No. 6B. Ordinance No. 480-542a, (ZA09-046), 2nd Reading, Zoning
Change and Site Plan for Southlake Villa Offices on property being described as Tract
3, W.W. Hall Survey, Abstract No. 687 and being located at 310 East Southlake
Boulevard. Current Zoning: S-P-1 Site Plan Zoning District. Proposed Zoning: S-P-1
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 3, 2009
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Site Plan Zoning District. SPIN Neighborhood #7. Planner Comstock presented this item
in conjunction with Item No. 6C. In accordance with Section 4.21 of the City Charter, the
..r caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS
TRACT 3, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 687, AND
BEING APPROXIMATELY 2.887 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT TO "S-
P-1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
Cr AN EFFECTIVE DATE.
low No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-542a, (ZA09-046), 2nd Reading,
Zoning Change and Site Plan for Southlake Villa Offices subject to Site Plan Review
Summary No. 1, dated October 1, 2009.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka
Nays: None
Approved: 5-0
Agenda Item No. 6C. Approve a Plat Extension request for ZA08-015, Plat Showinq for
Lots 3-6, W.W. Hall No. 687 Addition (Southlake Villa Offices), located at 310 East
Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #7. Planner Comstock presented this item in conjunction with Item No.
6B.
Motion was madeapprove to a Plat Extension request for ZA08-015, Plat Showing for
Lots 3-6, W.W. Hall No. 687 Addition (Southlake Villa Offices) to extend to November 3,
2010.
Motion: Hill
Second: Morris
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Ayes: Bledsoe, Hill, Morris, Muller, Muzyka
Nays: None
..• Approved: 5-0
Agenda Item No. 6D. Resolution No. 09-069, (ZA09-052), Specific Use Permit for
promotional sales from kiosks for Southlake Town Square "Ride & Drive" automobile
promotional events on property being located at Southlake Town Square. Current
Zoning: DT — Downtown District. SPIN Neighborhood #8. Director Baker presented this
item to Council. Applicant Carla Chase with Southlake Town Square, 506 Stonebury
Drive, Southlake, Texas answered Council's questions. In accordance with Section 4.21
of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR PROMOTIONAL SALES FROM KIOSKS
FOR SOUTHLAKE TOWN SQUARE "RIDE AND DRIVE" AUTOMOBILE
PROMOTIONAL EVENTS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,
TEXAS, LOCATED AT SOUTHLAKE TOWN SQUARE, 1240 MAIN STREET AND 1430
DIVISION STREET, LOCATIONS BEING LEGALLY DESCRIBED AS LOT 4, BLOCK
2R1 AND LOT 1, BLOCK 18, SOUTHLAKE TOWN SQUARE ADDITION, 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.
Ech, No one spoke during the public hearing.
Motion was made to approve Resolution No. 09-069, (ZA09-052), Specific Use Permit
for promotional sales from kiosks for Southlake Town Square "Ride & Drive" automobile
promotional events on property being located at Southlake Town Square allowing seven
(7) events as requested by the applicant — one (1) in 2009 and six (6) in 2010; noting
the black-out dates as provided by the applicant; including recommendations by the
Planning and Zoning Commission for the signage restrictions — up to six (6) signs with
staff approval of signage; and subject to the Staff Report dated October 16, 2009.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka
Nays: None
Approved: 5-0
Agenda Item No. 7A. Ordinance No. 960, 1st Reading, Southlake 2030 Plan - Vision,
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Goals & Objectives. Director Baker presented this item and answered Council's
questions. Director Price answered Council's questions. Council discussed this item and
suggested a few changes to be incorporated into the document by 2nd Reading.
Motion was made to approve Ordinance No. 960, 1st Reading, Southlake 2030 Plan -
Vision, Goals & Objectives with comments as noted by City Council tonight.
I. .0- Motion: Hill
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Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka
Nays: None
Approved: 5-0
Councilmember Muller recused herself from item 8A and left the Council Chambers.
Agenda Item No. 8A. Resolution No. 08-050A, Adopt a revised policy which establishes
an economic incentive program encouraging connection in a timely manner to the city's
waste water system that has been constructed via the neighborhood sewer program
Land/or a developer constructed project and providing for an effective date. Director
Price presented this item and answered Council's questions.
Council discussed this item.
Motion was made to table Resolution No. 08-050A, Adopt a revised policy which
establishes an economic incentive program encouraging connection in a timely manner
to the city's waste water system that has been constructed via the neighborhood sewer
program and/or a developer constructed project and providing for an effective date, to
the November 17, 2009 City Council meeting and not enforcing the current deadline of
November 15 as the termination date pending City Council's decision.
Motion: Hill
EtSecond: Morris
lbw Ayes: Bledsoe, Hill, Morris, Muzyka
Nays: None
Approved: 4-0 (to table)
Agenda Item No. 9A. Consider SV09-019, Variance to Southlake Town Square Grand
Avenue District Conditional Sign Permit for Metropark located at 252 Grand Avenue,
Building GA-2. Director Baker presented this item to Council. Councilmember Muller
rejoined the meeting. Applicant James Watson from Signs Manufacturing, 4610 Mint
Way, Dallas, Texas answered Council's questions. Council discussed this item.
Motion was made to deny SV09-019, Variance to Southlake Town Square Grand
Avenue District Conditional Sign Permit for Metropark located at 252 Grand Avenue,
Building GA-2.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka
Nays: None
Approved: 5-0 (to deny)
Agenda Item No. 11. Meeting adjourned. Mayor Pro Tern Muzyka adjourned the
meeting at 9:30 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 3, 2009
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*An audio recording of this meeting will be permanently retained in the City
L4- Secretary's Office.
W /Virginia M. zyk)a Mayor Pro Tern
ATTEST:
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Lori Payne N
City Secretary
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REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 3, 2009
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Description City Council meeting - Muzyka, Hill, Morris, Muller, Jones, Bledsoe (Mayor
absent)
1,40r Date 11/3/2009 Location Southlake Council Chambers
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Law
E City Council meeting - Muzyka, Hill, Morris, Muller, Jones, BledscSouthlake Council Chambers
Time Speaker Note
5:35:45 PM Mayor Pro Tern called the meeting to order
La/ Muzyka
5:35:49 PM Scott Berry gave the invocation
5:35:54 PM Muzyka led the pledge of allegiance
[ 5:36:12 PM Muzyka read the proclamation for Veterans Day - presented it to the
following employees: Jim Blagg, Bryan Thomas, Ben Brown,
Rusty Daniels, Kevin Diehl12
i5:39:23 PM Ben Thatcher discussed the revisions to the Town Hall Use Policy
5:50:50 PM Morris priority should be Southlake residents, it was built with public
I dollars and it is public space, does not want to make it cost
prohibitive
5:51:55 PM Bledsoe how does it work for residents of the County versus the City
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5:52:38 PM Hill important to cover the costs to the facilities
5:53:41 PM Muller would like to see cost comparisons of other cities; use of the
C 5:55:14 PM Morris foyer by wedding parties
Colleyville has the highest fees in the area but they also have
a new building and a very nice space
i5:56:26 PM Hill would like more detail on the fees charged by other cities
5:57:14 PM Bledsoe would like a comparison of what fees are being collected
kW' 5:58:35 PM Morris versus the damage and repairs that need to be done to the
building
has a little concern about repetitive group that meets every
1 week - it might preclude other groups from being able to meet
5:59:15 PM Muzyka there must be some equity in the fee structure versus the type
I 6:01:37 PM Kerry McGeath of space they are renting
presented the issues related to and circumstances
surrounding the display of public art in Town Hall
1 6:07:49 PM Muller how would it be displayed, number of pieces of artwork,
liability
6:07:59 PM Muzyka how would you choose the artwork
I6:08:43 PM Morris attached to the wall, pieces of art sold?
6:09:00 PM Hill Keller has pedestals
I 6:09:38 PM Muller
6:10:11 PM Morris restrict the times of year- blackout periods
would be more comfortable starting out small, with a limited
number of pieces
f 6:11:00 PM Muzyka make an overall policy at first and then Council can always
change it in the future
6:11:56 PM Muller do we see people wanting to use the new DPS facility -would
E 6:12:47 PM McGeath we charge a fee for the art displays
would be reasonal to charge a fee
6:13:25 PM Michael James presented an update on Kirkwood-Carroll Connector and
L .inv .
6:20:45 PM Morris Highland Avenue connection
Kimball needs widening .... . . ............ . _
11/3/2009 2 of 5
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City Council meeting - Muzyka, Hill, Morris, Muller, Jones, BledscSouthlake Council Chambers
LTime Speaker Note
." 6:21:09 PM Muzyka read through the consent agenda items -4A, 4B, 4C, 4D, 4E,
I 4F, to table item 4G to November 17, to table item 4H to
December 1
6:21:53 PM *Director Price explained the importance of approval of agenda item 4B
[ change order and amendment of the project budget
6:23:30 PM Director Price explained the areas contained in agenda item 4C
i6:26:06 PM Director Price explained the lighting change in item 4F
6:29:14 PM Muzyka called to order the regular session and called for an executive
session
1 7:17:44 PM Muzyka reconvened the regular meeting
7:18:17 PM Muzyka discussed upcoming board meetings
I 7:18:44 PM City Manager introduced Alison Ortowski who announced the 2009 citizen
Shana Yelverton survey will begin next week and will be web-based, and the
upcoming curbside leaf recycling program which will begin on
IINovember 18 this year and will continue for 3 additional cycles
7:21:27 PM Library Report a written report was in Council's packet
C 7:21:47 PM Kerry McGeath introduced Terri Messing who gave the Arts Council Report to .
Council
7:27:36 PM Muzyka read the consent agenda items into the record -4a, 4b, 4c, 4d,
klimr 7:27:43 PM *Hill 4e, 4f, to table item 4g to November 17, to table item 4h to
December 1, and including item 9B
otion to approve consent agenda
E 7:27:51 PM Muller second - consent agenda (approved 6-0)
7:28:37 PM public forum
opened
IC 7:28:51 PM Robert Earley new president and CEO of John Peter Smith Hospital
introduced himself to the Council and the community
7:31:54 PM * Santora thanked Council for their support of the Festival of Trees and
I (did not hear name) presented ornaments commemorative of the event signed by
Trish Biddle
7:33:51 PM public forum closed
If7:34:19 PM Clayton Comstock presented item 6a to Council
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7:38:48 PM Applicant David answered Council's questions
Thomas, 5724
Crowley, Fort Worth
1 7:41:21 PM Applicant Michael answered Council's questions - building will be white with
Valdez skirting, roof will be similar to surrounding building, hardi-
[ board siding, should not be any issues with winds
7:50:41 PM Hill is concerned about it not being more permanent, anchoring, a
I. inw cost of doing business
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City Council meeting - Muzyka, Hill, Morris, Muller, Jones, BledscSouthlake Council Chambers
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Time Speaker Note
7:51:46 PM Bledsoe concerned about winds, no concrete footings,
L'-- 7:52:26 PM Jones they can ask Council to table this item, Council members will
be happy to meet with the applicants
7:53:46 PM Mr. Thomas asked to table this item so that they can work with staff
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7:53:54 PM Hill motion to table item 6a to the next regular rmeeting
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7:54:20 PM Morris second - approved item 6a 6-0 (Greg Jones recused himself
from items 6b and 6c)
7:54:48 PM Clayton Comstock presented items 6b and 6c to Council
i .
7:56:46 PM public hearing no one spoke
7:57:03 PM Hill motion to approve item 6b including review
II 7:57:30 PM Morris second - approved item 6b - (5-0)
7:57:48 PM Hill motion to approve item 6c for additional year
7:58:24 PM Morris second - approved item 6c (5-0)
7:58:34 PM .Ken Baker presented item 6d to Council
8:08:19 PM applicant Carla presented item 6d to Council and answered Council's
Chase questions
II8:17:34 PM Morris minimum amount of donation to safety town? likes getting
people into town square
8:22:09 PM Council discussed the request
cilw
8:27:38 PM public hearing no one spoke
8:28:48 PM Hill motion to approve item 6d allowing 7 events as requested (1
C in 2009 and 6 in 2010), sign restriction subject to staff
approval
8:30:16 PM Morris second - approved item 6d 5-0
8:30:42 PM *Ken Baker presented item 7a to Council
8:35:31 PM Morris suggested alternate wording on 1.4 - ensure needs to be
added
8:37:26 PM Muller suggested change to 3.1 - make streets plural
8:38:03 PM Morris suggested including "ecologically non-detrimental to nature
trails"
8:40:37 PM Morris 4.7 - remove the word, active
8:41:52 PM Bob Price 4.7 - dry detention areas could potentially be used for playing
fields
8:44:15 PM Morris separate active and preserve opportunities
8:47:40 PM Morris 7.3 - add that it is keeping with the character of the city while
keeping with southlake ordinances or urban design plan
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8:48:24 PM Morris 7.4 - look at the impervious coverage statement, 7.5 - change
the word, and, to and/or and subject to city ordinances
8:52:20 PM Baker the ordinances will always supercede our master plans
LA., 8:55:17 PM Morris add the wayfinding signage as an objective
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City Council meeting - Muzyka, Hill, Morris, Muller, Jones, BledscSouthlake Council Chambers
Time Speaker Note
8:56:11 PM Morris recommending that a copy of Dr Chancellor's document be
included in the Library so that residents can review
8:56:59 PM Hill motion to approve item 7a with the comments noted by City
Council
8:57:18 PM Morris second - approved item 7a 5-0
8:57:38 PM Muller recused herself from item 8a
8:58:43 PM Bob Price presented item 8a to Council and answered questions
9:03:35 PM Council discussed this request - significant impact on resale of homes,
9:10:14 PM 'Yelverton benefit to the homeowner
discussed the applicability of the fee by the city
9:16:12 PM Hill motion to table item 8a to November 17 not enforcing the
9:17:22 PM Morris current deadline of November 15?? at this time
second - tabled item 4-0
9:17:37 PM Ken Baker presented item 9a to Council
9:19:35 PM Pamela Muller rejoined the meeting
9:26:14 PM Applicant James answered Council's questions
Watson, Signs
Manufacturing
9:30:17 PM MHiall
motion to deny item 9a
9:30:35 PM morris second - denied 5-0
cm, 9:30:51 PM muzyka adjourned the meeting
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6000 Worm/4 PLACE,Sutra 200 4 �. TELEPHONE:(817)332-2580
Ta� or )lso o 3:n 5:
I-30 AT BRxexr-Iavaa Roes , A .ins a f Tot.Fasa:(800)318-3400
FoRr Worm,Taxes 76107-4654 4 "i4 Fecsnez a (817)332-4740
L4., FMeu.:ToesE@ToASE.coM Attorneys ' Counselors Waasrra:www.ToesE.coM
TIM G.SRALLA Certified Civil Appellate Law Specialist
extension 228 Texas Board of Legal Specialization
tsralla@toase.com
November 3,2009
iCONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE
VIA HAND DELIVERY
Mayor and City Councilmembers
City of Southlake
1400 Main Street
Southlake,Texas 76092
Re: Legality of Executive Session Posting
Dear Mayor and Councilmembers:
You have asked our office to review the executive session posting for tonight's regular city
council meeting. It is my understanding that the following executive session has been posted for
(lb 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 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 proeprty
a. Discuss the potential purchase or lease of real property for city
facilities.
2. Section 551.074:Deliberation regarding personnel matters
a. Deliberation of appointments of city board and commission
members.
3. Section 551.087: Deliberation regarding economic development
negotiations
a. Economic incentives for businesses.
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November 3,2009
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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:
!E.
1. Michael Kenny vs. City of Southlake.April 2008
1. Jayson Steele vs. City of Southlake. August 2008.
Section 551.072: Deliberation regarding realproperty. The City Council may conduct
g g
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
L 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 securitypersonnel 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 crimina
l
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.
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November 3, 2009
Page 3
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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 ofpip dine infrastructures or facilities when those plans or discussions
contain such sensitive information.
If you have any additional questions or concerns,ple feel free to contact our office.
S...cerely,
Tim G. Sralla
TGS/as
cc: Ms. Shana Yelverton
City of Southlake
1400 Main Street
Suite 460
Southlake, Texas 76092
Ms. Lori Payne
City of Southlake
• 1400 Main Street
Suite 270
Southlake, Texas 76092
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CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
§
COUNTY OF —c
I, \c-_Lsc\ \\J\\F vL as a member of the Ccs \ , of the City
of Southlake, make this affidavit and hereby on oath state the following: I, my spouse, and/or a
person or persons related to me within the first degree of consanguinity or affinity, have a substantial
interest in a business entity or real property as defined in Chapter 171, Texas Local Government
Code, and/or City of Southlake No. 635-A and a vote is to be taken or a decision is to be made that
will have a special economic effect on this business entity or real property.
The agenda item affecting this business entity or real property is: )
COMPLETE (A) or(B): (A) The business entity is (name); or
(B) The real property is located at: \\3\
I have a substantial interest because I, my spouse, and/or a person or persons related to me within the
first degree of consanguinity or affinity have the following relationship to the business entity or real
property which will likely be affected by the vote on the above-referenced agenda item: (check all
kir which are applicable)
Ownership of 10%or more of the voting stock or shares of the business entity.
Ownership of 10% or more or $5,000 or more of the fair market value of the business
entity.
Funds received from the business entity exceed 10%of gross income for the previous year.
Hold a position of member of the board of directors or other governing board of the
business entity.
Serve as an elected officer of the business entity.
An employee of the business entity.
Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars
($5,000.00) or more.
Property of the person has been pledged to the business entity or is subject to a lien in favor
of the business entity in the amount of five thousand dollars ($5,000.00) or more.
Have an equitable or legal ownership of real property with a fair market value of at least
L $2,500.00.
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Other: ����:c\-\\�� �,�< ...A.->"-1 c)F X� ��1>><,C\v
L 40,
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any
decision and from any further participation by discussion or debate regarding the above-referenced
agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start
of the meeting at which the agenda item in question is being addressed or as soon as practicable once
I realized a potential conflict exists.
Signed this _-2, day of YRw M)'�;. , 20 o .
IC
_ Signature of Official
The State of f ex §
llCounty of ' rrcc -14- §
Be re me, Lori. PaAikte- , on this day personally appeared
Ca i d t. A-. (J t 4('er known to me (or proved to me on the oath of
) or through -- (description of identity card or other
document) to be the person whose name is subscribed to the foregoing instrument and stated that the
statements made in this affidavit are within his personal knowledge and true and correct.
^Given under my hand and seal of office this 3{ day of J)bVe-G ,
\
(SEAL) ���•\`•�0 •.. PA v',.<0 ,%
II • pP5v yPUeen ,, . ha* �i`e
• Z
r. 1.IC
al / ' _ Notary Public in and f the State of Texas
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CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF lAre/G4o §
I, ei5acq -,%zimiE3 as a member of the etrif eeij,OCI-- , of the City
of Southlake make this affidavit and herebyon oath state the following: I, myspouse, and/or a
g
person or persons related to me within the first degree of consanguinity or affinity, have a substantial
interest in a business entity or real property as defined in Chapter 171, Texas Local Government
Code, and/or City of Southlake No. 635-A and a vote is to be taken or a decision is to be made that
will have a special economic effect on this business entity or real property.
The agenda item affecting this business entity or real property is: 6 g J .
COMPLETE (A) or(B): (A) The business entity is (name); or
(B) The real property is located at: 60
I have a substantial interest because I, my spouse, and/or a person or persons related to me within the
first degree of consanguinity or affinity have the following relationship to the business entity or real
EL property which will likely be affected by the vote on the above-referenced agenda item: (check all
NOY which are applicable)
Ownership of 10%or more of the voting stock or shares of the business entity.
r/ Ownership of 10% or more or $5,000 or more of the fair market value of the business
entity.
Funds received from the business entity exceed 10%of gross income for the previous year.
Hold a position of member of the board of directors or other governing board of the
business entity.
Serve as an elected officer of the business entity.
An employee of the business entity.
Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars
111 ($5,000.00) or more.
Property of the person has been pledged to the business entity or is subject to a lien in favor
of the business entity in the amount of five thousand dollars ($5,000.00) or more.
V Have an equitable or legal ownership of real property with a fair market value of at least
$2,500.00.
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Other:
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any
decision and from any further participation by discussion or debate regarding the above-referenced
agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start
of the meeting at which the agenda item in question is being addressed or as soon as practicable once
I realized a potential conflict exists.
Signed this ci day of JOV3/14 _— , 20e.
Signature of ffici
The State of }cQ 5 §
County ofa rra nfr
§
Before me, -`�jr( PacitA-e-- , on this day personally appeared
C5rP C)nyle.S known to me (or proved to me on the oath of
— ) r through — (description of identity card or other
document) to be the person whose name is subscribed to the foregoing instrument and stated that the
statements made in this affidavit are within his personal knowledge and true and correct.
ii„,, Given under my hand and seal of office this r lOVeki day of
(SEAL) oc\ PA Y,yF ,.��
�V PU
i „ = Notary Public in and r the State of Texas
sf !�
9fF v age.••
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CITY OF
ivy SOUTHLAKE
� TEXAS
REGULAR CITY COUNCIL MEETING: NOVEMBER 3, 2009
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order.
2. Invocation: Scott Berry, Chaplain of the Month
3. Discuss proposed revisions to the Town Hall Use Policy
4. Update on Kirkwood-Carroll Connector and Highland Avenue connection
5. 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: 6:30 P.M. or immediately following the work session
1. Call to order.
2. A. Executive Session: Pursuant to the Open Nor p Meetings Act,
c , 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
1. Update of upcoming meetings and events
2. Veteran's Day proclamation
Liev
City of Southlake values:
Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
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City of Southlake
City Council meeting agenda
November 3,2009
Page 2 of 6
B. City Manager's Report
C. Library Board Report
D. Arts Council 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 October 20, 2009 regular City Council meeting.
B. Approve Change Order No. 2 for civil engineering modifications to the
existing construction contract for the Wholesale Meter Station
Improvements with Legacy Contracting, LP in the amount of $60,369 and
amend the project budget.
C. Award construction contract for the Neighborhood Sanitary Sewer, Water
and Paving Improvements to North Texas Contracting, Inc. in the amount
of$3,748,737.54 and authorize construction phase contingencies.
�
D. Approve a Plat Extension request for ZA06-030 PreliminaryPlat for PP q
Saddleback Ridge Estates, located at 330 through 360 West Bob Jones
Road. Current Zoning: SF-IA Single Family Residential District. SPIN
Neighborhood #1.
E. Approve a Plat Extension request for ZA06-185, Final Plat for Saddleback
Ridge Estates located at 330 through 360 West Bob Jones Road and
4640 North White Chapel Boulevard. Current Zoning: SF-IA Single Family
Residential District. SPIN Neighborhood #1.
F. Approve lighting upgrade for West Parking Garage through Facility
Solutions Group in the amount of$107,178.85.
G. Approve the tabling of a Commercial Developer Agreement for
construction of a middle school on Kirkwood Boulevard at Blessed Way
with Carroll Independent School District.
H. Resolution No. 09-068, (ZA09-043), Specific Use Permit for Southlake
Green Day Event (Mass Gathering) on property being described as Lot
Cl R, Block 3; Lot 5R, Block 4; and Blocks 7 and 8, Southlake Town Square
and being located at 140 State Street, 141 Grand Avenue, 1400 Fountain
Place, and 1400 East Southlake Boulevard. Current Zoning: DT -
L -mw
City of Southlake values:
Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 3, 2009
Page 3 of 6
Downtown District. SPIN Neighborhood #8. THIS ITEM HAS BEEN
TABLED TO THE DECEMBER 1, 2009 CITY COUNCIL MEETING.
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.)
A. Introduction of Robert Earley, new President and CEO of John Peter
Smith Hospital.
6. Ordinances, second readings, public hearings, and related items:
A. Resolution No. 09-065, (ZA09-042), Specific Use Permit for an accessory
building for Koch Pipeline on property being described as Lot 2, Block 1,
Fina Addition and being located at 2350 State Highway 26 (Ira E. Woods
Avenue). Current Zoning: 12 Heavy Industrial District. SPIN Neighborhood
#8. PUBLIC HEARING
B. Ordinance No. 480-542a, (ZA09-046), 2nd Reading, Zoning Change and
Site Plan for Southlake Villa Offices on property being described as Tract
3, W.W. Hall Survey, Abstract No. 687 and being located at 310 East
Southlake Boulevard. Current Zoning: S-P-1 Site Plan Zoning District.
Proposed Zoning: S-P-1 Site Plan Zoning District. SPIN Neighborhood #7.
PUBLIC HEARING
C. Approve a Plat Extension request for ZA08-015, Plat Showing for Lots 3-6,
W.W. Hall No. 687 Addition (Southlake Villa Offices), located at 310 East
Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District.
SPIN Neighborhood #7.
D. Resolution No. 09-069, (ZA09-052), Specific Use Permit for promotional
sales from kiosks for Southlake Town Square "Ride & Drive" automobile
promotional events on property being located at Southlake Town Square.
Current Zoning: DT — Downtown District. SPIN Neighborhood #8.
PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 960, 1st Reading, Southlake 2030 Plan - Vision, Goals &
Objectives. (If approved at first reading, the public hearing will be held
November 17, 2009.)
8. Resolutions:
Limy
City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
•
City of Southlake
City Council meeting agenda
November 3, 2009
Page 4 of 6
L4w A. Resolution No. 08-050A, Adopt a revised policy which establishes an
economic incentive program encouraging connection in a timely manner to
the city's waste water system that has been constructed via the
neighborhood sewer program and/or a developer constructed project and
providing for an effective date.
9. Other items for consideration:
A. Consider SV09-019, Variance to Southlake Town Square Grand Avenue
District Conditional Sign Permit for Metropark located at 252 Grand
Avenue, Building GA-2.
B. Approve termination of professional services contract with Graham
Associates, Inc. for the design of F.M. 1938, Precinct Line Road, from
State Highway 114 to West Southlake Boulevard and intersection
improvements for F.M. 1938 and West Southlake Boulevard.
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, October 30, 2009, by 6:00 p.m.,
pursuant to the Texas Governer, ,ep ,Code, Chapter 551.
'SOU II-Q1'°`
i
•m=
Lori Payne, T C F.5:
City Secretary
• =0"
'If you plan to attend this publie'rntgped 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.
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City of Southlake values:
Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
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City of Southlake
City Council meeting agenda
November 3, 2009
Page 5 of 6
1 —' 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. Michael Kenny vs. City of Southlake. April 2008.
2. 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
mr 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 securitydevices
9 9
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
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City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
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City of Southlake
City Council meeting agenda
November 3, 2009
Page 6 of 6
r,.w 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
STATE OF TEXAS §
§
CITY OF SOUTHLAKE §
11 CERTIFIED AGENDA
M ca�GvK Vir�In.t&I" . {{CITY COUNCIL
I, Mayor-John Terrell, 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 •r the I I- 3—01 , City Council
meeting on I0- 3D-oct , by Co= 0 0 a.m
2. That t - City Council convened in executive session on I , at Co `{ ( ,
a.m p. with the following Councilmembers and staff members present:
—Mayor—Terrell— A -(- Shana Yelverton, City Manager
Carolyn Morris Jim Blagg, Assistant City Manager
Virginia M. Muzyka Ben Thatcher, Assistant City Manager
Laura K. Hill Lori Payne, City Secretary
Greg Jones City Attorney T So,t ( (�__
Brandon Bledsoe Other staff members:
Pamela Muller
3. That the matters discussed by the City Council were as follows:
(1) B ) t vtk& o-e C&C&C-1" t 14-L 6-re tom& As -4G-c�5
Other staff member resent for (1): &la Puce /�,vt� 1')�� JAG
JA.
(2)
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 11- 3-Oq at '7 '0 '7 a.m.i
A/a,* P
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Lori Pane i r �A • u
y vf �t� �
City Secretary Mayor �� I Pro-r ,t
NACity Secretary\Forms\certified agenda 2008.doc