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2009-12-01 CC Packet C I CITY OF illPf SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 1, 2009 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Virginia M. Muzyka, Deputy Mayor Pro Tern Laura K. Hill (arrived at 5:43 p.m.) and Councilmembers Brandon Bledsoe, Gregory Jones, Carolyn Morris, and Pamela A. Muller. CITY COUNCIL ABSENT: None. STAFF PRESENT: 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, Recreation Superintendent Steve Moore, Director of Economic Development Greg Last, Marketing and Tourism Coordinator Jill Cherry, Director of Finance Sharen Jackson, Director of Lt Human Resources Kevin Hugman, Director of Information Technology Dale Dean, lbw Information Technology Technician Eric Lusk, Director of Planning and Development Services Ken Baker, Planner I Lorrie Fletcher, Chief of Fire Services Mike Starr, Chief of Police Services Robert Finn, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Michael James, City Attorney Tim Sralla, and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell at 5:37 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, David Whitington, gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Discuss a proposed roadway connection between South Village Center Drive and Westwood Drive to be known as the Woodland Heights Connector. Civil Engineer James presented this item to Council. This item was also approved on tonight's agenda as consent agenda item 4D. Agenda Item No. 4. Discuss the Sidewalk Priority Construction Schedule. Director Price presented this item and answered Council's questions. LI., REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2009 Page 1 of 8 r Agenda Item No. 5. Discuss all items on tonight's meeting agenda. Council reviewed the consent agenda items. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to order by Mayor Terrell at 6:05 p.m. Agenda Item No. 2A. Executive Session. Mayor Terrell announced CityCouncil would Y be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with attorney; 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:05 p.m. Executive Session began at 6:20 p.m. and ended at 6:37 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 6:55 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 Terrell announced upcoming meetings and events. Agenda Item No. 3B. City Manager's Report. There was no report. CONSENT AGENDA: Consent agenda items are considered to be routine bythe City Y Council and are enacted with one motion. Agenda Item No. 4A. Approve minutes from the November 17, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Award annual purchasing agreement for utility parts to Atlas Utility Supply, ACT Pipe and Supply, H.D. Supply Waterworks, and Municipal Water Works Supply. A presentation was not made on this item. Agenda Item No. 4C. Award annual purchasing agreement for signs and pavement marking to Centerline Supply, Custom Products, Osborn Associates, Roadrunner Traffic Supply, and Vulcan. Operations Manager Kendrick answered Council's questions during the work session. Agenda Item No. 4D. Adopt Connector Road Alternate 2, as presented in City Council Work Session on December 1, 2009, as the preferred roadway connection between South Village Center Drive and Westwood Drive, to be known as the Woodland Heights Connector. A presentation was not made on this item. Agenda Item No. 4E. Resolution No. 09-071, Authorize the creation of the City of Southlake Sidewalk Partnership Program. A presentation was not made on this item. .r REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2009 Page 2 of 8 t C In accordance with Section 4.21 of the City Charter, the caption for this item is listed as .r follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING A SIDEWALK PARTNERSHIP PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. Agenda Item No. 4F. Consider SV09-017, Variance to Sign Ordinance No. 704, as amended, for Carpet One, located at 154 Bank Street. The applicant requested to table this item to the February 2, 2010 City Council meeting. Agenda Item No. 4G. Ordinance No. 480-588 (ZA09-017), 1st Reading, Zoning Change and Site Plan for Bethel Methodist Church of Southlake on property being described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18 and being located at 180 and 190 Jellico Circle West. Current Zoning: SF-1A Single-Family Residential District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. This item was administratively tabled to the January 5, 2010 City Council meeting. Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; to table item 4F to the February 2, 2010 City Council meeting; and to table item 4G to the January 5, 2010 City Council meeting. Motion: Jones Second: Muller Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell t Nays: None it Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during public forum. Agenda Item No. 6A. Ordinance No. 965, 2nd reading, Amend certain Texas Municipal Retirement System (TMRS) benefits for employees and retirees. Director Hugman presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AUTHORIZING AND ALLOWING,ORDINANCE UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATE SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE MEMBERS OF THE CITY OF SOUTHLAKE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2009 Page 3 of 8 r . I 1 Motion was made to approve Ordinance No. 965, 2nd reading, Amend certain Texas I. Municipal Retirement System (TMRS) benefits for employees and retirees as 4-- presented. Motion: Jones Second: Morris Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6B. 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 Fletcher presented this item to Council. Applicants David Tullis, Michael Valdez and Jeff Gordon 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 AN ACCESSORY BUILDING ON NON- RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2350 STATE HIGHWAY 26 (IRA E. WOODS), BEING LEGALLY DESCRIBED AS LOT 2, BLOCK 1, FINA ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED C HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN �r EFFECTIVE DATE. No one spoke duringthepublic hearing. p 9 Motion was made to approve 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) granting the requested variances related to permanent foundation and the masonry requirement; subject to Staff Report dated October 2, 2009; subject to the applicant's agreement that the building will be white in color and that they will provide the tie-down requirement documents to staff and will follow the engineering standards as provided for in those documents; and subject to staffs inspection of those standards prior to a permit being issued. Motion: Jones Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6C. Resolution No. 09-068, (ZA09-043), Specific Use Permit for a Mass Gathering Event for Southlake Green Day event on property being described as Lot 1R, Block 3; Lot 5R, Block 4; and Blocks 7 and 8, Southlake Town Square and REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2009 Page 4 of 8 f being located at 140 State Street, 141 Grand Avenue, 1400 Fountain Place, and 1400 East Southlake Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood "r #8. Planner Fletcher presented this item to Council in conjunction with item 6D. Applicant Audra Lewandowski, 405 Indian Paintbrush Way, Southlake, Texas presented this item 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 FOR SOUTHLAKE GREENDAY EVENT, ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 140 STATE STREET, 141 GRAND AVENUE, 1400 FOUNTAIN PLACE, AND 1400 EAST SOUTHLAKE BOULEVARD, LOCATION BEING LEGALLY DESCRIBED AS LOT 1R, BLOCK 3, LOT 5R, BLOCK 4, AND BLOCKS 7 AND 8, SOUTHLAKE TOWN SQUARE, 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 one spoke during the public hearing. Council discussed this request. Motion was made to approve Resolution No. 09-068, (ZA09-043), Specific Use Permit for a Mass Gathering Event for the Southlake Green Day event on property being described as Lot 1R, 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 subject to a one-year approval; subject to the organization becoming a 501(c)3 prior to the event taking place; and subject to the Staff Report dated November 24, 2009. Motion: Jones Second: Muzyka concern regarding the requirement that a 501 c 3 be in Ms. Lewandowski expressedg g q ( ) place prior to the event as she is not sure that the application process works that fast. Councilmember Jones amended the motion to remove that portion: After discussion, Motion was made to approve Resolution No. 09-068, (ZA09-043), Specific Use Permit for a Mass Gathering Event for the Southlake Green Day event on property being described as Lot 1R, 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 subject to a one-year approval and subject to the Staff Report dated November 24, 2009. Motion: Jones Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2009 Page 5 of 8 •• C Nays: None Approved: 7-0 Agenda Item No. 6D. Approve the 2010 Community Events Participation Agreement with GreenFellows, Inc. for Southlake Green Day event. Planner Fletcher presented this item in conjunction with item 6C. Motion was made to approve the 2010 Community Events Participation Agreement with GreenFellows, Inc. for Southlake Green Day event contingent upon the organization receiving its' 501(c)3 status and contingent upon the applicant's agreement to eliminate the signs at the intersection of White Chapel Boulevard and Continental Boulevard. Motion: Jones Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6E. Resolution No. 09-075, (ZA09-058), Specific Use Permit for Batteries Plus for the retail sale of batteries on property being described as Lot 3, Block 1, Cornerstone Plaza, and being located at 2757 East Southlake Boulevard, Suite A- 120. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. Planner Fletcher presented this item to Council. Director Baker answered Council's [cow questions. Applicants Jeff Lambeth and Felicia Gatlin, 1409 Mayfair Place, 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 THE RETAIL SALE OF BATTERIES TO INCLUDE AUTOMOTIVE BATTERIES AT A LOCATION THAT IS WITHIN THE F.M. 1709 CORRIDOR OVERLAY ZONE ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2757 EAST SOUTHLAKE BOULEVARD, SUITE A-120, LOCATION BEING LEGALLY DESCRIBED AS LOT 3, BLOCK 1, CORNERSTONE PLAZA, 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 one spoke during the public hearing. Motion was made to approve Resolution No. 09-075, (ZA09-058), Specific Use Permit for Batteries Plus for the retail sale of batteries subject to the life of the lease and the recommendations of the Planning and Zoning Commission. Motion: Morris Second: Hill Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell LNays: None +ar REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2009 Page 6 of 8 r I - -- Approved: 7-0 L `-- Agenda Item No. 6F. Resolution No. 09-074, Authorize and endorse an application for the 2009 Transportation Enhancement Program Call for Projects for the construction of sidewalks along F.M. 1709. Director Baker presented this item to Council. 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, AUTHORIZING AND ENDORSING THE APPLICATION FOR THE 2009 C TRANSPORTATION ENHANCEMENT PROGRAM FOR THE CONSTRUCTION OF SIDEWALKS ALONG F.M. 1709. No one spoke during the public hearing. Motion was made to approve Resolution No. 09-074, Authorize and endorse an I application for the 2009 Transportation Enhancement Program Call for Projects for the construction of sidewalks along F.M. 1709. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 EL Agenda Item No. 7A. Ordinance No. 962, 1st Reading, Amending the adopted Master Thoroughfare Plan and Map to indicate the general roadway alignment, ultimate roadway cross section and right-of-way requirements for Kirkwood Boulevard in the vicinity of Highland Street and Carroll Avenue intersection north of State Highway 114. IDirector Baker presented this item to Council. Mayor Terrell allowed members of the public to speak, but no one came forward. Motion was made to approve Ordinance No. 962, 1st Reading, Amending the adopted Master Thoroughfare Plan and Map to indicate the general roadway alignment, ultimate roadway cross section and right-of-way requirements for Kirkwood Boulevard in the CI vicinity of Highland Street and Carroll Avenue intersection north of State Highway 114. Motion: Hill ll Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 7B. Ordinance No. 480-465b, 1st Reading (ZA09-055), Zoning Change and Site Plan for The Offices at Noble Oaks on property being described as Lot 4, J. W. Hale No. 803 Addition, and being located at 1121 South Carroll Avenue. Current Zoning: S-P-1 Detailed Site Plan District. Proposed Zoning: S-P-1 Detailed Site Plan I. low District. SPIN Neighborhood #9. Director Baker presented this item to Council. L REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2009 Page 7 of 8 I C Applicants Nelson Summerville, 13631 Ash Ridge, Dallas, Texas and Dan Donohue, L40 402 Alexandria Circle, Southlake, Texas answered Council's questions. Mayor Terrell read a comment card from Peggy Firestone, 1403 Chardonnay Court, Southlake, Texas who is in support of this request. Motion was made to approve Ordinance No. 480-465b, 1st Reading (ZA09-055), Zoning Change and Site Plan for The Offices at Noble Oaks on property being described as Lot 4, J. W. Hale No. 803 Addition, and being located at 1121 South Carroll Avenue subject to the recommendations of the Planning and Zoning Commission limiting the medical use to dental-only not to exceed 3,000 square feet and subject to the Staff Report dated November 13, 2009. Motion: Jones Second: Morris Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 8:26 p.m. *An audio recording of this meeting will be permanently retained in the City EL Secretary's Office. vow John Terrell Mayor ATTEST: ♦♦,t,#gC#ef#T;d//,t f • • Lori Payne 15 City Secretaryff 14-0 C C REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2009 Page 8 of 8 r LIMO ILE! 45vouthlake City Council meeting 71110 Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. i Name: rzeoco f IL_ , Date: , ", t , 2o0 ' Address: 14 Q 3 01e 'do} I r.' ! _ �.J �"� t.R..t Phone: `��� y g j 7 I wish to share my views on an Agenda Item: Agenda Item# r] r? I will speak in SUPPORT of this item I will speak in OPPOSITION to this item do not wish t .speak, but please record my V SUPPORT OPPOSITION (Greer re , kor3 Fl 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. E Description City Council meeting - all present Date 12/1/2009 Location Southlake Council Chambers I ft.- I I I C di di coy 4.• .1 ., City Council meeting - all present Southlake Council Chambers E. Time Speaker Note 5:37:28 PM Mayor called the meeting to order • I . 5:37:36 PM David Whitington gave the invocation 5:40:53 PM Mayor led the pledge of allegiance 5:41:11 PM Michael presented work session item 3 - proposed roadway connection I5:45:13 PM Bob Price presented work session item 4 - sidewalk priority construction schedule E5:57:19 PM 'Morris asked about the total number of driveways needing 5:58:40 PM Terrell what portion of each driveway needing to be restructed E 6:00:26 PM Muller 6:01:32 PM Mayor timing of sidewalk construction reviewed consent agenda items-4a, 4b, 4c, 4d, 4e, 4f to table ; to 2-2-10, 4g to table to 1-5-10 - no other items were added to Econsent agenda 6:02:31 PM Chuck Kendrick answered questions on 4c ••6:02:58 PM Morris was flashing lights included in bid E 6:05:05 PM Mayor 6:55:34 PM Mayor called for an executive session reconvened meeting 1 < 6:55:52 PM Mayor gave Mayors report of upcoming meetings and events E 6:57:49 PM Mayor called for a vote on 4a, 4b, 4c, 4d, 4e, 4f to table to 2-2-10, and. to table 4g to 1-5-10 6:58:07 PM Jones motion to approve consent agenda items as listed EI 6:58:10 PM Muller second - approved consent agenda 7-0 lbw 6:58:36 PM public forum no one spoke 7:00:05 PM Kevin Hugman presented item 6a to Council • II 7:05:35 PM Mayor congratulated Director Hugman for his new job opportunity in Wichita Falls as Assistant City Manager ri 7:06:35 PM public hearing no one spoke i is 7:06:41 PM 'Jones motion to approve item 6a as presented by staff 7:06:42 PM Morris second - approved 6a 7-0 Pr < 7:07:06 PM Mayor reopened public forum after 7:00 p.m. as indicated on the ib agenda 7:07:26 PM Lorrie Fletcher presented item 6b to Council 7:10:04 PM Applicant David answered Council's questions di Tullis, Michael Valdez and Jeff Gordon a 7:11:22 PM Bledsoe asked questions regarding foundation and wind load resistancei . i 7:13:29 PM Muzkya color di 7:13:39 PM Morris can the city make sure the building is anchored adequately . . 7:14:41 PM public hearing no one spoke (Ow 12/1/2009 2 of 4 City Council meeting - all present Southlake Council Chambers Time Speaker Note 7:15:12 PM Jones motion to approve item 6b subject to variances requested ..r related to material and permanent foundation; subject to staff report; subject to applicants representation that the building will be white in color and will provide tie down specifications and will meet the standards in those specifications 7:16:18 PM Muzyka second - approved 6b 7-0 7:16:48 PM Lorrie Fletcher presented items 6b and 6c 7:20:17 PM Applicant Audrey presented this item and answered questions Lewondowski 7:22:31 PM Morris asked questions about signage location (White Chapel and Continental Blvd), participants, toilet facilities, street closing, city partnership with a for-profit, work with similar Southlake organizations who have similar goals 7:24:14 PM Mayor get permission for signage to be on private property 7:40:51 PM public hearing no one spoke opened for 6c 7:41:20 PM Jones motion to approve item 6c subject to a one year approval and subject to the organization becoming a 501C3 before the event and subject to staff report 7:42:18 PM Morris second 7:44:10 PM Ms. Lewondowski expressed concerns about making the motion contingent upon kar the organization receiving its 501C3 status 7:45:53 PM Jones after Council discussion, he amended his motion to remove the requirement of receiving the 501C3 status prior to the event date 7:46:12 PM Muzyka second - item 6c 7-0 lio 7:46:35 PM Jones motion to approve item 6d requiring that the organization receive their 501c3 status prior to any city participation met im 7:46:44 PM Muzyka second - ap proved pproved 6d 7-0 7:48:18 PM Lorrie Fletcher presented item 6e to Council 7:51:56 PM Ken Baker answered questions rie 7:52:24 PM Applicants Jeff (confirm names) answered Councils questions Lambit and Alicia Gambit, Southlake, di Texas 7:59:28 PM public hearing no one spoke 7:59:48 PM Morris motion to approve 6e subject to the life of the lease and subject to staff report, P&Z recommendations too?? 8:00:49 PM Hill second - approved 6e 7-0 8:01:11 PM Ken Baker presented item 6f to Council '` 12/1/2009 3 of 4 City Council meeting - all present Southlake Council Chambers Time Speaker Note 8:05:40 PM public hearing no one spoke L . 8:05:51 PM Hill motion to approve item 6f 8:06:01 PM Muzyka second - approved item 6f 7-0 8:06:24 PM Ken Baker presented item 7a to Council 8:12:28 PM Mayor asked if any audience member would like to speak, no one spoke 8:12:32 PM Hill motion to approve item 7a 8:12:54 PM Muzyka second - approved item 7a 7-0 8:13:15 PM Ken Baker presented item 7b to Council 8:16:53 PM Council discussed this item 8:17:15 PM Applicant Nelson presented this item and answered questions Summerville • 8:19:12 PM Dr. Dan Donahue - answered questions - described his dentist practice -wife Darla pediatric dentist Donahue is also a dentist and will have her practice here too 8:23:59 PM Mayor read a comment card from Peggy Firestone who is in support 8:25:45 PM Jones motion to approve item 7b subject to p&z recommendations, limiting medical uses to dental only and subject to review 8:26:15 PM Morris second - approved 7b 7-0 8:26:25 PM Mayor adjourned meeting a S de (kW oto 12/1/2009 4 of 4 6000 WESTERN PLACE,SUITE 200 TELEPHONE:(817)332-2580 Taylor Olson Adkins Sralla Elam I-30 AT BRYANT-IRVIN ROAD Y„I„P, TOLL FREE:(800)318-3400 FORT WORTH,TEXAS 76107-4654 _ FACSIMILE:(817)332-4740 EMAIL:TOASE@TOASE.COM Attorneys 4111 Counselors WEBSITE:WWW.TOASE.COM L,Or TIM G. SRALLA Certified Civil Appellate Law Specialist extension 228 Texas Board of Legal Specialization tsralla(i toase.com December 1, 2009 CONFIDENTIAL 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: Ek 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 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(0, and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held,under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071: Consultation with attorney a. Seek attorney consultation regarding gas drilling and production and gas utility companies. 2. Section 551.072: Deliberation regarding real proeprty a. Discuss the potential purchase or lease of real property for city facilities. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. C C I December 1, 2009 f Page 2 Section 551.071: Consultation with attorney. The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation,or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. Michael Kenny vs. City of Southlake. April 2008 1. Jayson Steele vs. City of Southlake. August 2008. Section 551.072: Deliberation regarding realproperty. The Council mayconduct g g City 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. 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 -.411ire be made. I 1 December 1, 2009 �. Page 3 awr Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety. The City Council may discuss emergency management plans involving pipeline safety and/or security ofpipeline infrastructures or facilities when those plans or discussions contain such sensitive information. If you have any additional questions or concerns,p -. e feel free to contact our office. Sincerel Tim G. Sralla TGS/as cc: Ms. Shana Yelverton City of Southlake 1400 Main Street Suite 460 t„► Southlake, Texas 76092 Ms. Lori Payne City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 C C C C C I . 1 CITY OF SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING: DECEMBER 1, 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: David Whitington, Chaplain of the Month 3. Discuss a proposed roadway connection between South Village Center Drive and Westwood Drive to be known as the Woodland Heights Connector. 4. Discuss the Sidewalk Priority Construction Schedule. 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 Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071: Consultation with attorney a. Seek attorney consultation regarding gas drilling and production and gas utility companies. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork I City of Southlake City Council meeting agenda December 1, 2009 Page 2 of 6 4.' 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events B. City Manager's Report CONSENT AGENDA: All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: A. Approve minutes from the November 17, 2009 regular City Council meeting. B. Award annual purchasing agreement for utility parts to Atlas Utility Supply, ACT Pipe and Supply, H.D. Supply Waterworks, and Municipal Water Works Supply. C. Award annual purchasing agreement for signs and pavement marking to Centerline Supply, Custom Products, Osborn Associates, Roadrunner Traffic Supply, and Vulcan. D. Adopt Connector Road Alternate 2, as presented in City Council Work Session on December 1, 2009, as the preferred roadway connection between South Village Center Drive and Westwood Drive, to be known as the Woodland Heights Connector. E. Resolution No. 09-071, Authorize the creation of the City of Southlake Sidewalk Partnership Program. F. Consider SV09-017, Variance to Sign Ordinance No. 704, as amended, for Carpet One, located at 154 Bank Street. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 2, 2010 CITY COUNCIL MEETING. G. Ordinance No. 480-588 (ZA09-017), 1st Reading, Zoning Change and Site Plan for Bethel Methodist Church of Southlake on property being described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18 and being located at 180 and 190 Jellico Circle West. Current Zoning: SF- 1A Single-Family Residential District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. THIS ITEM HAS BEEN ADMINISTRATIVELY TABLED UNTIL THE JANUARY 5, 2009 CITY COUNCIL MEETING. L41- City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork r . City of Southlake City Council meeting agenda December 1, 2009 Page 3 of 6 REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.) 6. Ordinances, se cond readings, public hearings, and related items: A. Ordinance No. 965, 2nd reading, Amend certain Texas Municipal Retirement System (TMRS) benefits for employees and retirees. PUBLIC HEARING B. 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 C. Resolution No. 09-068, (ZA09-043), Specific Use Permit for a Mass Gathering Event for Southlake Green Day event on property being described as Lot 1R, 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. PUBLIC HEARING D. Approve the 2010 Community Events Participation Agreement with GreenFellows, Inc. for Southlake Green Day event. E. Resolution No. 09-075, (ZA09-058), Specific Use Permit for Batteries Plus for the retail sale of batteries on property being described as Lot 3, Block 1, Cornerstone Plaza, and being located at 2757 East Southlake Boulevard, Suite A-120. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING F. Resolution No. 09-074, Authorize and endorse an application for the 2009 Transportation Enhancement Program Call for Projects for the construction of sidewalks along F.M. 1709. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 962, 1st Reading, Amending the adopted Master Thoroughfare Plan and Map to indicate the general roadway alignment, ultimate roadway cross section and right-of-way requirements for Ir Kirkwood Boulevard in the vicinity of Highland Street and Carroll Avenue intersection north of State Highway 114. (If approved at first reading, the public hearing will be held December 15, 2009.) City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork r C City of Southlake City Council meeting agenda December 1, 2009 Page 4 of 6 Imv B. Ordinance No. 480-465b, 1st Reading (ZA09-055), Zoning Change and Site Plan for The Offices at Noble Oaks on property being described as Lot 4, J. W. Hale No. 803 Addition, and being located at 1121 South Carroll Avenue. Current Zoning: S-P-1 Detailed Site Plan District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #9. (If approved at first reading, the public hearing will be held December 15, 2009.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: (There are no items on this agenda.) 10. Other items for i d scussion. (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 Wednesday, November 25, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. tI4 0 . n/f • C g(/.L,,�� • = • City SCI,I etas q =ij`. If you plan to attend this public meeting and have'a.disabifrttiat 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. C C C C City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork C City of Southlake City Council meeting agenda December 1,2009 Page 5 of 6 +►r 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 Kennyvs. Cityof Southlake. April 2008. p 2. Jayson Steele vs. City of Southlake. August 2008. 1 7 : Deliberation regarding real property Section 55 .0 2 e g q p p 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 i 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 City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 1,2009 Page 6 of 6 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. L C C C C C C C City of Southlake values: Integrity♦ Innovation • Accountability• Commitment to Excellence ♦ Teamwork STATE OF TEXAS § § CITY OF SOUTHLAKE § CERTIFIED AGENDA 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 for the (a-—(—dq , City Council meeting on I I -�S--�I , by (' C 7 a.m./400 2. That the City Council convened in executive session on t 2-—(—d( , at (a -O , a.m./Sip ith the following Councilmembers and staff members present: Mayor Terrell Carolyn Morris Jim Blagg, Assistant City Manager Virginia M. Muzyka Ben Thatcher, Assistant City Manager Laura K. Hill Lori Payne, City Secrets Greg Jones City Attorney t elk ra Brandon Bledsoe Other staff members: Pamela Muller 3. That the matters discussed by the City Council were as follows: (1) eCo rnawt, t v c 1 -Cr-r— -S(✓r255PS Other staff members present for(1): (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 at (0 3'7 a.m./, Lori Payne John Terrell City Secretary Mayor N:\City Secretary\Fomis\certified agenda 2008.doc