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Item 4A1 REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 15, 2009 LOCATION :1400 Main Street, Southlake, Texas rd 3 Floor Training Rooms in Town Hall CITY COUNCIL PRESENT : Mayor John Terrell (arrived at 6:35 p.m.), Mayor Pro Tem Virginia M. Muzyka, Deputy Mayor Pro Tem 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 Tem Muzyka at 5:39 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Margy Gore, gave the invocation. Mayor Pro Tem Muzyka led the pledge of allegiance. Agenda Item No. 3. Urban Design DFW Connector. Director Baker presented this item Agenda Item No. 4. Sidewalk Partnership Program. Assistant to the City Manager Agenda Item No. 5. Council reviewed the consent agenda items. Item 8A was added to the Consent Agenda. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009 Page 1 of 7 Mayor Pro Tem 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 Tem Muzyka at 6:34 p.m. Agenda Item No. 2A. Executive Session. Mayor Pro Tem 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. - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Deputy Mayor Pro Tem 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. 3A 3. 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 Yelverton announced Southlake received the 2009 Project Planning Award from the Texas Chapter of the American Planning Association. Agenda Item No. 3B1. 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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009 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; 4B; 4D; 4E; and 8A. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009 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. nd Agenda Item 6A. Ordinance No. 598-D and related exhibits, 2 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. nd Motion was made to approve Ordinance No. 598-D and related exhibits, 2 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 nd Agenda Item No. 6B. Ordinance No. 641-A, 2 Reading, 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009 Page 4 of 7 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. nd Motion was made to approve Ordinance No. 641-A, 2 Reading, Approve revisions to the floodplain ordinance. Motion: Jones Second: Morris Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 nd Agenda Item No. 6C. Ordinance No. 962, 2 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. nd Motion was made to approve Ordinance No. 962, 2 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009 Page 5 of 7 nd Agenda Item No. 6D. Ordinance No. 963, 2 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. nd Motion was made to approve Ordinance No. 963, 2 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 Tem 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 Applicant Mac Grantland, 201 Freemont Court, Colleyville, Texas answered Council 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 UNOFFICIAL 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 agreement to work with city staff to provide a plan for placing shrubs for the purpose of screening along the back of the building 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. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:29 p.m. *An audio recording of this meeting will be permanently retained in the City Secre ______________________________ John Terrell Mayor ATTEST: ______________________________ Lori Payne City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009 Page 7 of 7