2009-11-03 Regular CC Meeting
U 0 CITY OF
SOUTH LADE
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 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 Citv 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
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
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, 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.
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-1A 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
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 -
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:
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
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 GovernTent,Code, Chapter 551.
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Lori Payne, T C
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City Secretary
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If you plan to attend this publi~'rr~ •~Yid have a disability that requires special needs, please
advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable
accommodations will be made to assist you.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 3, 2009
Page 5 of 6
EXECUTIVE SESSION
Section 551.071: Consultation with attorney
The City Council may conduct a private consultation with its attorney when the City
Council seeks the advice of its attorney concerning any item on this agenda, about
pending and contemplated litigation, or a settlement offer, or on a matter in which the
duty of the attorney to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551.
This includes the following pending and/or contemplated litigation subjects:
1. 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
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(fl: 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
November 3, 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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
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
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 Tern 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
Page 1 of 8
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 913 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
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 6A9 p.m. and ended at
7:07 p.m.
Agenda Item No. 213. 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. 3131. City Manager's Report. City Manager Yelverton introduced
Assistant to the City Manager Orlowski who presented information on the 2009 Citizen's
Survey and the curbside leaf recycling program.
Agenda Item No. 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
meeting. The minutes were approved as presented.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 3, 2009
Page 2 of 8
Agenda Item No. 413. 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.
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
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 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.
This item was tabled to the December 1, 2009 City Council meeting.
Agenda Item No. 913. 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; 413; 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 913.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 3, 2009
Page 3 of 8
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
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
Page 4 of 8
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
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
AN EFFECTIVE DATE.
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 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. Planner Comstock presented this item in conjunction with Item No.
6B.
Motion was made to approve 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
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 3, 2009
Page 5 of 8
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.
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,
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.
Motion: Hill
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 3, 2009
Page 6 of 8
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
and/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
Second: Morris
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
Page 7 of 8
f
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
v ,
Virgini M. Muzyka
Mayor Pro Tern
ATTEST:
Lori Payne r w
City Secretary
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REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 3, 2009
Page 8 of 8
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CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF ~~~•~a 1 §
I, as a member of the , 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: \,A
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
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
$2,500.00.
ti
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 _ day of 20c.
Signature of Official
The State of (~~Gc §
County of rra §
Be re me, Pt on this day personally appeared
MYKe-( a ~ ~ej- own 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 3,111_ day of ~JDVewLer-
(SEAL) ~O(Z1 PA YN~
~PQ H P
Z n
s Notary Public in and f the State of Texas
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
§
COUNTY OF "1,iZr'.4w §
I, 9 '41_eW6( as a member of the of the City
of Southlake, make this affidavit and hereby on oath state the following: 1, 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: 6c~
COMPLETE (A) or (B): (A) The business entity is (name); or
(B) The real property is located at: 51U % ;~C Ip~~~Ll/~
I have a substantial interest because 1, 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
which are applicable)
✓ Ownership of 10% or more of the voting stock or shares of the business entity.
c/ 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.
V Have an equitable or legal ownership of real property with a fair market value of at least
$2,500.00.
r
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 _J_ day of vet defi_- , 20&.
Signature of ffici ,
The State of ~ ~CCS §
County of u era §
Before me, Lpr( ttie- on this day personally appeared
r 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. r -
Given under my hand and seal of office this day of ~C)VehCbe,-
,
00
(SEAL) PAVNF
I? PUB(/
O n c l/N~
Z h Notary Public in and r the State of Texas
sf
~lF Pub.
10-27-
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