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.
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REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2009
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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Lori Payne 15
City Secretaryff
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REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2009
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45vouthlake City Council meeting 71110
Public Comment Form
Please print. Return completed form to City Secretary prior to start of regular session.
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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.
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Description City Council meeting - all present
Date 12/1/2009 Location Southlake Council Chambers
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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
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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
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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
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7:13:29 PM Muzkya color
di 7:13:39 PM Morris can the city make sure the building is anchored adequately
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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
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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,
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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
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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
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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.
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December 1, 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:
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.
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December 1, 2009
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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 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
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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
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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.
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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
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
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City of Southlake
City Council meeting agenda
December 1, 2009
Page 4 of 6
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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.
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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.
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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
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.
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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.
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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