2009-09-15
CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 15, 2009
LOCATION: 1400 Main Street, Southlake, Texas
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell (arrived at 6:35 p.m.), 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: None.
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, Director of Information Technology Dale Dean, Information Technology
Technician Eric Lusk, Director of Planning and Development Services Ken Baker,
Deputy Director of Planning and Development Services Dennis Killough, Chief Building
Official Paul Ward, Chief of Police Services Robert Finn, Deputy Chief of Fire Services
Bryan Thomas, Director of Public Works Robert Price, Deputy Director of Public Works
Gordon Mayer, Civil Engineer Michael James, Civil Engineer Michelle McCullough, Civil
Engineer Cheryl Taylor, City Attorney E. Allen Taylor 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 5:39 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Margy Gore, gave the
invocation. Mayor Pro Tern Muzyka led the pledge of allegiance.
Agenda Item No. 3. Urban Design - DFW Connector. Director Baker presented this item
and answered Council's questions. Director Price answered Council's questions.
Agenda Item No. 4. Sidewalk Partnership Program. Assistant to the City Manager
Orlowski 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 8A was added to the Consent Agenda.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009
Page 1 of 7
Mayor Pro Tern Muzyka closed the work session at 6:34 p.m.
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 6:34 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 551.071, consultation with city attorney; 551.072, deliberation regarding
real property; and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 6:35 p.m. Executive
Session began at 7:02 p.m. and ended at 7:50 p.m.
Mayor Terrell arrived at the meeting during the Executive Session.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:03
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.
Deputy Mayor Pro Tern Hill announced the S.P.A.R.K. meeting on September 22
regarding cell phone safety and a canine drug demonstration.
Councilmember Morris announced the PKD Walk that will take place on September 26
in Town Square.
Agenda Item No. 3A2. Proclamation for Falls Prevention Day 2009. Mayor Terrell
presented the proclamation to Russ Kendzior from the National Floor Safety Institute.
Agenda Item No. 3A3. Recognition for 2009 Achievement of Excellence in Libraries
Award. Mayor Terrell presented this award to City Librarian/Deputy Director of
Community Services McGeath and Library Board members.
Agenda Item No. 3B. City Manager's Report. City Manager Yelverton announced
Southlake received the 2009 Project Planning Award from the Texas Chapter of the
American Planning Association.
Agenda Item No. 3131. Financial Report. A written report was provided to Council.
Agenda Item No. 3C. Senior Advisory Committee Report. David Baltimore, 1368
Holland Hill, Southlake, Texas updated Council on recent and upcoming Senior Activity
Center events.
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Page 2 of 7
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. Council added item 7A to the consent
agenda.
Agenda Item No. 4A. Approve minutes from the September 1, 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B. Award construction contract for the Quail Creek Neighborhood
Sewer to Quality Excavation, Ltd. in the amount of $630,891.15 and authorize
construction phase contingencies. Director Price presented this item during the Work
Session.
Agenda Item No. 4C. This item was intentionally left blank.
Agenda Item No. 4D. Resolution No. 09-058, Amend the Fee Schedule. A presentation
was not made on this item. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING
RESOLUTIONS NO. 99-57; PROVIDING THAT THIS RESOLUTION SHALL BE
CUMULATIVE OF ALL PROVISIONS OF RESOLUTION NO. 97-59;94-46, NO. 94-61,
NO. 95-05, NO. 95-34, NO. 95-50, NO. 96-57, NO. 97-50, NO. 97-59, NO. 99-07; NO.
01-149; NO. 06-016; NO. 08-013 AND PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 4E. Resolution No. 09-059, Annual review of investment policy and
investment strategies. A presentation was not made on this item. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
REVIEW OF INVESTMENT POLICY AND INVESTMENT STRATGIES.
Agenda Item No. 8A. Resolution 09-060, Approve a Local Project Advanced Funding
Agreement for funding of FM 1709 median irrigation and landscaping with TxDOT. A
presentation was not made on this item. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
AUTHORIZING A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION
ADDRESSING FUNDING PARTICIPATION LEVEL AND PROJECT SCOPE FOR THE
CONSTRUCTION OF LANDSCAPING AND IRRIGATION WITHIN THE MEDIANS
ALONG FM 1709 FROM PEARSON LANE TO NOLEN DRIVE WITHIN THE CITY
LIMITS OF SOUTHLAKE; AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve consent agenda items 4A; 413; 4D; 4E; and 8A.
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Page 3 of 7
Motion: Hill
Second: Jones
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke during the public forum.
Agenda Item 6A. Ordinance No. 598-D and related exhibits, 2nd Reading, revising
aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN)
neighborhood representation and replacing Ordinance No. 598-C. Assistant to the City
Manager Ortowski presented this item to Council. In accordance with Section 4.21 of
the City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY OF SOUTHLAKE ESTABLISHING THE SOUTHLAKE
PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING
FOR APPOINTMENTS TO A SPIN STANDING COMMITTEE AND SPECIFYING
FUNCTION; PROVIDING FOR REPEALER CLAUSE; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 598-D and related exhibits, 2nd Reading,
revising aspects of the Southlake Program for the Involvement of Neighborhoods
(SPIN) neighborhood representation and replacing Ordinance No. 598-C.
Motion: Hill
Second: Jones
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 6B. Ordinance No. 641-A, 2"d Readinq, Approve revisions to the
floodplain ordinance. Civil Engineer James presented this item to Council. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows..
AN ORDINANCE PROVIDING FOR THE CITY OF SOUTHLAKE, TEXAS ADOPTING
REGULATIONS DESIGNED TO MINIMIZE FLOOD LOSSES; ESTABLISHING
PROVISIONS FOR FLOOD HAZARD REDUCTION; ADOPTING THE FLOOD
INSURANCE RATE ACCOMPANYING THE FLOOD INSURANCE STUDY FOR
TARRANT COUNTY AND INCORPORATED AREAS DATED SEPTEMBER 25, 2009,
AND THE FLOOD INSURANCE RATE MAPS (FIRM) ACCOMPANYING THE FLOOD
INSURANCE STUDY FOR DENTON COUNTY AND INCORPORATED AREAS
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DATED SEPTEMBER 25, 2009; REPEALING ORDINANCE NO. 641 RELATING TO
FLOOD HAZARD HAZARD PREVENTION AND PROVIDING FOR THE REPEAL OF
OTHER INCONSISTENT ORDINANCES; PROVIDING THAT THIS ORDINANCE
SHALL BE CURMULATIVE 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. 641-A, 2nd Reading, Approve revisions to
the floodplain ordinance.
Motion: Jones
Second: Morris
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No 6C. Ordinance No. 962, 2nd Reading, Approving and adopting the
Annual Budget for the Fiscal Year 2010 and approving the revised budget figures for the
Fiscal Year 2009 and Multi-year Capital Improvements Plan. Director Jackson
presented this item in conjunction with item 6D. In accordance with Section 4.21 of the
City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2008; APPROVING
AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2009, AND TERMINATING SEPTEMBER 30, 2010, AND MAKING APPROPRIATIONS
FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING
ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 962, 2nd Reading, Approving and adopting
the Annual Budget for the Fiscal Year 2010 and approving the revised budget figures for
the Fiscal Year 2009 and Multi-year Capital Improvements Plan noting the tax rate will
remain $0.462 per one hundred dollars ($100.00) assessed value.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009
Page 5 of 7
Agenda Item No. 6D. Ordinance No. 963, 2nd reading, Tax Levy Ordinance. Director
Jackson presented this item in conjunction with item 6C. In accordance with Section
4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010, AND FOR
EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF
$0.462 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL
TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF
SOUTHLAKE, TEXAS, AS OF JANUARY 1, 2009, TO PROVIDE REVENUES FOR
THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND
SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE
ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES
TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR
PLACE OF PAYMENT, PROVIDING FOR APPROVAL OF THE TAX ROLLS
PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF
INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 963, 2nd reading, Tax Levy Ordinance
noting the tax rate will remain $0.462 per one hundred dollars ($100.00) assessed
value.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Deputy Mayor Pro Tern Hill recused herself from the next item.
Agenda Item No. 6E. ZA09-027, Revised Site Plan for a portion of Georgetown Park on
property being described as Lot 4R2, Block 1, Georgetown Park Addition and located at
2625 East Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District.
SPIN Neighborhood #8. Deputy Director Killough presented this item and answered
Council's questions. City Attorney Taylor answered Council's questions. Applicant Mac
Grantland, 201 Freemont Court, Colleyville, Texas answered Council's questions.
No one spoke during the public hearing.
Council discussed this item.
Motion was made to approve ZA09-027, Revised Site Plan for a portion of Georgetown
Park on property being described as Lot 4R2, Block 1, Georgetown Park Addition as
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009
Page 6 of 7
presented this evening with the understanding that the entry depicted on the side will be
stone as well; stating that the brick used on this project will be substantially similar to
brick currently used in the Georgetown Park area; acknowledging the applicant's
agreement to work with city staff to provide a plan for placing shrubs for the purpose of
screening along the back of the building with the understanding it is subject to staff's
approval; subject to the recommendations of the Planning and Zoning Commission
specifically where applicant agreed to relocate a storm drain and grant a drainage
easement if the current storm drain is located under the proposed building; and subject
to Site Plan Review Summary No. 3, dated August 28, 2009.
Motion: Jones
Second: Muzyka
Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 11. Meetinq adjourned. Mayor Terrell adjourned the meeting at 9:29
p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
John Terrell
Mayor
ATTEST:
Lori Payne '
~p J :cnc
o
City Secretary
•
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009
Page 7 of 7
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF ® 0-A h-~ §
1, as a member of the i A"-` , of the City
of Southlake, make this affidavit and hereby on oath state the following: I, spouse, and/or a
person or persons related to me within the first degree of consanguinity or affini , 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: Z/
COMPLETE (A) or (B): (A) The business entity is (name); or
(B) The real property is located at:
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.
Other: ~J /00 6 0 Id I (hQ ( ~~1 dl(rdl,
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 ~-ee( , 20~.
Si ire Official
The State of §
r
County of ~a r~Gt §
Before me, ►~t ()a ~ e on this day personally appeared
known to me (or proved to me on the oath of
or through (description of identity card or other
document) to be the person whose name is subscribed to the foregoing instrument and stated that the
statements made in this affidavit are within his personal knowledge and true and correct.
z4k
Given under my hand and seal of office this ~
day of
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(SEAL) ~0(tl PA~y
y
~PRY..pGe.F %
Notary Public in and or the State of Texas
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