2009-11-17
CITY OF
lug SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 17, 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 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 to the City Manager Alison Orlowski, Community
Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Deputy
Director of Community Services Kerry McGeath, Recreation Coordinator Meredith
Dowdy, Director of Economic Development Greg Last, Director of Finance Sharen
Jackson, Director of Human Resources Kevin Hugman, SQL Database Administrator
Sam Cobb, Information Technology Technician Eric Lusk, Director of Planning and
Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Clayton
Comstock, Planner I Daniel Cortez, Chief of Fire Services Mike Starr, Deputy Police
Chief Rusty Daniels, Director of Public Works Robert Price, Deputy Director of Public
Works Gordon Mayer, Civil Engineer Michael James, City Attorney E. Allen Taylor, City
Attorney Bryn Meredith 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 5:35 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Scott Berry, gave the invocation.
Mayor Terrell led the pledge of allegiance.
Mayor Terrell announced that a portion of the Mayor's Report would be presented next.
Regular Session Agenda Item No. 3A. Mayor's Report. The Mayor and City Council
took a moment to honor the parents of Karri Casner, who lost her life in Bali in 2002 by
a terrorist bombing. Councilmember Muller presented Mr. and Mrs. Casner with a
photograph of the tree dedication ceremony that was held on November 14, 2009 in
Karri's honor.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009
Page 1 of 7
Agenda Item No. 3A. Southlake 2030 Plan - Carroll Independent School District
student's recommendations. Planner Comstock introduced this item to Council.
Principal Mike Rhodes from Carroll Senior High School thanked staff the Mayor and
Council for giving his students the opportunity to work on this project. Students West
Hardin, Victoria Shaw, Zac Friske, and Forrest Chevaillier presented their
recommendations to the Council.
Agenda Item No. 4. Discuss all items on tonight's meetinq agenda. Council reviewed
the consent agenda items. Items 7A and 9B were 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 Terrell at 6:22 p.m.
Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would
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 6:29 p.m. Executive Session began at 6:40
p.m. and ended at 8:05 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:16
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. City Manager Yelverton introduced
Assistant to the City Manager Ortowski who presented information on the 2009 Citizen's
Survey and the curbside leaf recycling program.
Agenda Item No. 3C. Parks and Recreation Board Report. Board member Julie
Landesberg presented this report to 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 November 3, 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B. Approve artist concept of the mural for the new DPS
Headquarters. Assistant City Manager / Director of Public Safety Blagg presented the
concept drawing to City Council during the work session.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009
Page 2 of 7
Agenda Item No. 4C. This item was intentionally left blank.
Agenda Item No. 4D. Resolution No. 09-070 Authorize the filinq of a project application
with the State Energy Conservation Office for an Energy Efficiency Conservation Block
Grant. There was no staff presentation 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 THE FILING OF A PROJECT APPLICATION WITH THE STATE
ENERGY CONSERVATION OFFICE (SECO) FOR AN ENERGY EFFICIENCY &
CONSERVATION BLOCK GRANT (EECBG) FUNDED BY THE AMERICAN
RECOVERY AND REINVESTMENT ACT (ARRA) FOR A LOCAL ENERGY EFFICIENT
PROJECT; AUTHORIZING CRISTINA MCMURRAY, ASSISTANT TO THE
DIRECTOR, TO ACT ON BEHALF OF THE CITY OF SOUTHLAKE IN ALL MATTERS
RELATED TO THIS APPLICATION, AND PLEDGING THAT IF FUNDING FOR THIS
PROJECT IS RECEIVED, THE CITY OF SOUTHLAKE WILL COMPLY WITH ALL
CONTRACTUAL REQUIREMENTS OF THE ARRA, THE EECBG PROGRAM AND
THE STATE OF TEXAS.
Agenda Item No. 4E. Approve Amendment No. 1 to a Professional Services Agreement
for engineering design of the Kirkwood - Carroll Connector to Kimley Horn & Associates
Inc. in the amount of $155,050. There was no staff presentation made on this item.
Agenda Item No. 4F. 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 beinq located at 2350 State Highway 26 (Ira E Woods Avenue) Current
Zoning: 12 Heavy Industrial District. SPIN Neighborhood #8. This item was
administratively tabled to the December 1, 2009 City Council meeting.
Agenda Item No. 7A. Ordinance No. 965, 1St reading Amend certain Texas Municipal
Retirement System (TMRS) benefits for employees and retirees. There was no staff
presentation made on this item.
Agenda Item No. 9A. Consider a Commercial Developer Agreement for construction of
a middle school on Kirkwood Boulevard at Blessed Way with Carroll Independent
School District. There was no staff presentation made on this item.
A motion was made to approve consent agenda items 4A; 413; 4D; 4E; to table item 4F
to the December 1, 2009 City Council meeting; and including items 7A and 9A.
Motion: Muzyka
Second: Hill
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009
Page 3 of 7
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Terrell opened the public hearing. No one
spoke during public forum.
Agenda Item No. 6A. This item was intentionally left blank.
Agenda Item No. 6B. Ordinance No. 960, 2nd Reading Southlake 2030 Plan - Vision
Goals & Objectives. Director Baker presented the changes made by Council on first
reading. In accordance with Section 4.21 of the City Charter, the caption for this item is
listed as follows:
AN ORDINANCE ADOPTING THE VISION, GOALS, AND OBJECTIVES OF THE
SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE.
Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public
hearing.
A motion was made to approve Ordinance No. 960, 2nd Reading, Southlake 2030 Plan -
Vision, Goals & Objectives as presented by staff.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 6C. Resolution No. 09-072 (ZA09-044) Specific Use Permit for the co-
location of antennas and ancillary structures on an existing telecommunications tower
on property being legally described as Lot 1, Block A Oien Addition and being located
at 3700 North White Chapel Boulevard. Current Zoning: CS Community Service District
SPIN Neighborhood #1. Planner Cortez presented this item to Council. Applicant Lisa
Schmidt, 12 Arrow Head Circle, Hickory Creek, Texas answered Council's questions 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,
GRANTING A SPECIFIC USE PERMIT FOR TELECOMMUNICATIONS TOWERS,
ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK A, OIEN
ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS
DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public
hearing.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009
Page 4 of 7
A motion was made to approve Resolution No. 09-072 (ZA09-044) Specific Use Permit
for the co-location of antennas and ancillary structures on an existing
telecommunications tower on property being legally described as Lot 1, Block A, Oien
Addition and being located at 3700 North White Chapel Boulevard subject to Review
Summary No. 2, dated October 19, 2009 granting the requested variance and noting the
applicant has agreed to look at the rust situation on the tower.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 6D. Resolution No. 09-073 (ZA09-047) Specific Use Permit for White's
Chapel Children's Christmas Festival on property being described as Lot 1R, Block 1
White Chapel Methodist Church Addition and being located at 185 South White Chapel
Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #9.
Planner Cortez presented this item to Council. Applicant Lisa Carlson, 1306 Wakefield
Court, 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 A MASS GATHERING FOR THE
WHITE'S CHAPEL CHILDREN'S CHRISTMAS FESTIVAL, ON PROPERTY WITHIN
THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 185 SOUTH WHITE CHAPEL
BOULEVARD, LOCATION BEING LEGALLY DESCRIBED AS LOT 1R, BLOCK 1,
WHITE CHAPEL METHODIST CHURCH 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.
Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public
hearing.
A motion was made to approve Resolution No. 09-073 (ZA09-047) Specific Use Permit
for White's Chapel Children's Christmas Festival on property being described as Lot 1 R,
Block 1, White Chapel Methodist Church Addition and being located at 185 South White
Chapel Boulevard granting a three (3) year approval for the Specific Use Permit as long
as the gathering does not change in scope.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Councilmember Muller recused herself from item 8A and left the Council Chambers.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009
Page 5 of 7
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. 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
ADOPTING A 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 DEVELOPER CONSTRUCTED
PROJECT AND PROVIDING AN EFECTIVE DATE.
A motion was made to approve 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 and
approving a two (2) tier incentive system that is 100% of the incentive from date of
acceptance to six (6) months and 50% of the incentive from six (6) months to one (1)
year and not approving the extension to the 180-day period as presented.
Motion: Hill
Council continued further discussion of this item.
Second: Muzyka
Ayes: Bledsoe, Hill, Muzyka, Terrell
Nays: Morris
Approved: 4-1
Due to a technical issue, Councilmember Jones' vote did not register so a second call
for votes was taken.
Ayes: Bledsoe, Hill, Jones, Muzyka, Terrell
Nays: Morris
Approved: 5-1
Councilmember Muller rejoined the meeting.
Agenda Item No. 9B. Consider SV09-020, Variance to Siqn Ordinance No. 704, as
amended, for Branch Banking & Trust Co. located at 270 North Kimball Avenue.
Director Baker presented this item and answered Council's questions. Applicant Dean
Krause, 2050 Grayson Drive, Grapevine, Texas with Reynolds Signs answered
Council's questions. BB&T representative Melissa Hooper, 11505 Lauren Way, Keller,
Texas also answered Council's questions. Council discussed this item.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009
Page 6 of 7
A motion was made to approve SV09-020, Variance to Sign Ordinance No. 704, as
amended, for Branch Banking & Trust Co. located at 270 North Kimball Avenue
requiring the applicant to remove the Colonial Bank signs within one (1) week; granting
a temporary banner approval for three (3) months at which time the applicant must
come back and ask for another extension if needed; and reducing the overall size of the
banner to only show "BB&T" allowing for 18-inch letters.
Motion: Hill
Second: Muzyka
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 9:30
p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
John Terre I
Mayor
ATTEST:
Lori Payne
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009
Page 7 of 7
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CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF t~~~~.~a t §
as a member of the C-N-`~ 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:
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: ~ca ~~~1~~ ~~~Z o~~~_•;1i~~ V
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 20 o
Signature of Official
The State of §
County of rya §
Be ore me, L10 rl ~e- , on this day personally appeared
GLVt~r? Gi- k- 'Pr 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 3V_ day of ~JflVemLer'- ,
\\\~~~I\II n I u wn,~
(SEAL) 0 PA Y/y~
s _ Notary Public in and f the State of Texas
Opilk 2 7
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