LEWISVILLE CITY COUNCIL REGULAR SESSION NOVEMBER 21, 2011

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1 Present: NOVEMBER 21, 2011 Dean Ueckert, Mayor Council Members: Rudy Durham, Deputy Mayor Pro Tem Leroy Vaughn TJ Gilmore John Gorena City Staff: Claude King, City Manager Donna Barron, Assistant City Manager Steve Bacchus, Assistant City Manager Julie Heinze, City Secretary Lizbeth Plaster, City Attorney With a quorum of the Council Members present, the workshop session of the Lewisville City Council was called to order by Mayor Ueckert at 5:30 p.m. on Monday, November 21, 2011, in the City Council Conference Room of the Lewisville City Hall, 151 West Church Street, Lewisville, Texas. All City Department Heads were in attendance. Carports and Shade Shelters (Agenda Item A) City Manager King advised the City Council that this discussion will become a very complex issue very quickly. City of Lewisville Planning Administrator Patia Boomsma and Economic Development Director Nika Reinecke conducted the following PowerPoint Presentation regarding Carports, Patio Covers, Accessory Buildings: Purpose Code violations Citizen complaints Safety and aesthetic issues Vague existing requirements Consistency with Neighborhood Preservation Committee recommendations Need for more specific design criteria, particularly in Old Town

2 NOVEMBER 21, 2011 Page 2 Presentation Organization Standards and Materials Sections Accessory Buildings Car Ports & Porte-Cocheres Porch & Patio Covers Shade Structures Definitions Current Requirements Photographs Proposed Standards/NPC Recommendations Proposed Standard Diagrams Enforcement and Implementation Standards Temporary Accessory Structure Not to exceed 72 hours in duration, twice per calendar year per address Listed Material Allowed per the 2006 International Building Codes American Society for Testing and Materials (ASTM) Referenced by International Code Council as Listed Standards of Application of Exterior Finishes for Buildings and Accessory Structures Standards Include Surface Applications Such As: Paint, Stain and Sealers, Building Materials of Wood, Steel, Masonry, Glass Ms. Boomsma reviewed photographs of examples of Listed Exterior Materials as follows: -Wood: Douglas or Hemlock Fir, Cedar, Pine, Redwood, and Oak. -Hardboard Paneling and Siding: Stucco Pattern, Brick Pattern, Striated Groove, Log Pattern, Dutch Lap Pattern, Beaded Lap Pattern, Ship Lap Pattern -Plywood Paneling (Engineered Veneer): Grooved Douglas Fir, Grooved Pine, Grooved Cedar, Board & Batten Hemlock Fir -Cementitious Fiberboard: Multi-Pattern, Slate of Wood Pattern, Smooth of Stucco, Grooved Vertical -Steel: Log Panel Design, Vertical Panels, Corrugated Galvanized, Quonset Design

3 NOVEMBER 21, 2011 Page 3 -Aluminum: Ship Lap Pattern, Vertical Panels, Corrugated, Shingle Siding -Chlorinated Polyvinyl Chloride (CPVC): Stone Panels, Lap Designs, Brick Panels, Shingle Designs -Exterior Insulated Finish System (EIFS) -Brick and Stone Veneer -Canvas and Other Polymers: Canvas & Plastic, Canvas, Polyethylene, Fiberglass Ms. Boomsma reviewed photographs of examples of Non-Listed Exterior Materials as follows: -Styrofoam (UV Ray Exposure) -Particle board (Water Damage) -Cardboard -Oriented Strand Board OSB (Water Damage) -Non-Exterior Plywood -PVC Pipe Accessory Buildings Definition A detached building utilized for onsite storage of items and equipment related to residential uses Current Requirements Located behind front building line and 5 from primary structure Structures on corner lots must meet side setback requirements Permits not required for accessory buildings under 121 s.f. Accessory buildings over 200 s.f. must match exterior finish materials of primary structure Residential component (granny flat) OTDRC Review for structures requiring permits Ms. Boomsma reviewed photographs of accessory buildings.

4 NOVEMBER 21, 2011 Page 4 Accessory Buildings Neighborhood Preservation Committee Recommendations Shall be located behind the front building line No more than two accessory/storage buildings per platted lot are permitted May not overhang adjacent property The aggregate total of structures may not exceed 500 square feet The aggregate square footage of buildings will determine exterior finish requirements Accessory Buildings Neighborhood Preservation Committee Recommendations Eliminate the residential component. Remove the requirements from the Zoning Ordinance and place them in the General Development Ordinance so that a variance can be requested from City Council. If two buildings are proposed on the same lot and the aggregate total exceeds 100 square feet, a five-foot separation is required from the main structure, side, rear, and other accessory buildings. Accessory Buildings Proposed Standards City-wide Size Permit Required Front Setback Side and Rear Setbacks Maximum Height Exterior Finish Materials 100 s.f s.f. No Yes Per zoning district. Per zoning district. None 10' 5 10 Any listed material with a painted or manufactured surface. Any listed material with a painted or manufactured surface s.f. Yes Per zoning district. 5' 12' Compatible with primary structure or masonry.

5 NOVEMBER 21, 2011 Page 5 Accessory Buildings Proposed Standard Diagrams City-wide Accessory Buildings Proposed Standards Old Town Size 100 s.f s.f. Permit Required No, unless visible from street frontage or over 6. Yes Front Setback Per zoning district. Per zoning district. Side and Rear Setbacks Maximum Height None 8 Per zoning district. 12 Exterior Finish Materials Any listed material with a painted or manufactured surface. Compatible with primary structure or masonry if visible from street frontage, corner lot, or alley. If not visible by public, listed materials with a painted or manufactured surface are permitted.

6 NOVEMBER 21, 2011 Page 6 Accessory Buildings Proposed Standard Diagrams Old Town Accessory Buildings Enforcement and Implementation Option #1 Allow existing accessory buildings in acceptable condition to remain. Expansions and modifications totaling more than 50% of the building s size would require compliance with current regulations. Carports & Porte-Cocheres Carport An unenclosed structure spanning an approved paved surface intended for vehicle storage Vehicle A device used to for travel or as a means of conveyance as defined by the Texas Department of Motor Vehicles Porte-cochere A structure that is integral to the primary building extending over a paved drive

7 NOVEMBER 21, 2011 Page 7 Carports & Porte-Cocheres Current Requirements Not permitted in required front or side yard setback Must be at least 5 feet from rear property line Detached structures under 121 s.f. don t require permits Setback variances are subject to ZBOA approval No exterior finish requirements outside of Old Town OTDRC review for structures requiring permits Ms. Boomsma reviewed photographs of existing Caports and Porte-Cocheres. Carports & Porte-Cocheres Proposed Standards City-wide Size Permit Required Front Setback Side and Rear Setbacks Maximum Clearance Height Roof Pitch and Materials Exterior Finish Materials 100 s.f s.f. No Yes Behind building line. Behind building line. Side: Per zoning district. Rear: 5' Side: Per zoning district. Rear: 5' 10' None 14' Consistent with or similar to primary structure Any listed material. Per GDO or compatible with primary structure.

8 NOVEMBER 21, 2011 Page 8 Carports & Porte-Cocheres Proposed Standard Diagrams City-wide Carports & Porte-Cocheres Proposed Standards Old Town Size Permit Required Front Setback Side and Rear Setbacks Maximum Clearance Height Roof Pitch and Materials Exterior Finish Materials All sizes Yes Per zoning district but not less than 10'. Side: per zoning district. Rear: 5'. 14' Consistent with or similar to primary structure. Compatible with primary structure or masonry.

9 NOVEMBER 21, 2011 Page 9 Carports & Porte-cocheres Proposed Standard Diagrams Old Town Carports & Porte-Cocheres Enforcement and Implementation Option #1 Conduct an inventory and grandfather existing structures that are in acceptable condition New structures must comply with standards Option #2 Select a future date by which all carports must meet requirements Option #3 Prohibit all carports that don t meet setback/building line Patio & Porch Covers Definition An overhang or structure attached to or located within 1 of the primary building intended to provide shelter from the elements Current Requirements Porch overhangs may project 4 into front setback No supporting structures allowed in front setback Not permitted within required side or rear setbacks OTDRC Review for structures requiring permits Variance requests per Zoning Board of Adjustment

10 NOVEMBER 21, 2011 Page 10 Ms. Boomsma reviewed photographs of existing Caports and Porte-Cocheres. Patio & Porch Covers Proposed Standards City-wide and Old Town Permit Required Front Setback Side Setbacks Rear Setbacks Exterior Finish Materials Yes Per zoning district. Porch cover overhangs may extend 4' into setback, but no supports are permitted. Per zoning district. Per zoning district. Per GDO or compatible with primary structure if visible from street frontage, corner lot, or alley. If not visible by public, listed materials are permitted. Patio & Porch Covers Proposed Standard Diagrams

11 NOVEMBER 21, 2011 Page 11 Patio & Porch Covers Enforcement and Implementation Option #1 Allow existing patio and porch covers in acceptable condition to remain Expansions and modifications totaling more than 50% of the structure s size would require compliance with current regulations Shade Structures Definition A detached structure intended to provide shelter from the elements, not including carports Current Requirements Located behind front building line Must be 5 from primary structure Structures on corner lots must meet side setback requirements Permits not required for structures under 121 s.f. OTDRC Review for structures requiring permits Ms. Boomsma reviewed photographs of Shade Structures. Shade Structures Proposed Standards City-wide

12 NOVEMBER 21, 2011 Page 12 Size 100 s.f s.f s.f. Permit Required No Yes Yes Front Setback Behind building face. Behind building face. Behind building face. Side and Rear Setbacks Maximum Height Exterior Finish Materials None 10' Any listed material ' 12' Any listed material with a painted or manufactured surface. Compatible with primary structure or masonry if visible from street frontage, corner lot, or alley. If not visible by public, listed materials with a painted or manufactured surface are permitted. Shade Structures Proposed Standard Diagrams City-wide

13 NOVEMBER 21, 2011 Page 13 Shade Structures Proposed Standards Old Town Size Permit Required Front Setback Side and Rear Setbacks Maximum Height Exterior Finish Materials 100 s.f. No Behind Building Face. None 10 Any listed material. > 101 s.f. Yes Behind Building Face. Per zoning district. 12 Compatible with primary structure or masonry if visible from street frontage, corner lot, or alley. If not visible by public, listed materials with a painted or manufactured surface are permitted. Shade Structures Proposed Standard Diagrams Old Town

14 NOVEMBER 21, 2011 Page 14 Shade Structures Enforcement and Implementation Option #1 Allow existing shade structures in acceptable condition to remain Expansions and modifications totaling more than 50% of the shade structure s size would require compliance with current regulations Survey Cities Accessory Structures Carports and Porte-Cocheres Porch and Patio Covers Shade Structures Discussion was held regarding a timeframe when the City Council wanted this item to come back for consideration. The consensus of the City Council was to bring this item back for consideration to the City Council Annual Retreat to be held in February. Deputy Mayor Pro Tem Durham and Councilman Vaughn indicated that unless existing structures would be grandfathered, they were not in favor of any changes. Mayor Ueckert requested that the City Council Members get with City staff regarding their thoughts on the proposed changes that they liked and those they did not within the next month. WORKSHOP SESSION 6:30 P.M. Discussion of Regular Agenda Items and Consent Agenda Items (Agenda Item B) item. Mayor Ueckert reviewed Agenda Item A, Invocation. There was no discussion on this Mayor Ueckert reviewed Agenda Item B, Pledge to the American and Texas Flags. There was no discussion on this item.

15 NOVEMBER 21, 2011 Page 15 WORKSHOP SESSION 6:30 P.M. Discussion of Regular Agenda Items and Consent Agenda Items (cont d) (Agenda Item B) Mayor Ueckert reviewed Agenda Item C, Public Hearing: Consideration of an Ordinance for a Zone Change Request From Light Industrial to Warehouse on Acres, Located Immediately South of Stonewall Drive and West of Huffines Boulevard; Further Identified as Lot 10R, Block A of the Riverview Industrial Park Addition, as Requested by Marluc LLC, the Property Owner (Case No. PZ ). City Manager King advised that the applicant had submitted a new set of deed restrictions that cleaned up staff s concerns. Discussion was held that the Planning and Zoning Commission had approved this item with fewer restrictions than what City staff was recommending and requested that the City Council consider these additional recommendations. Discussion was held regarding the definition of automobiles and concerns regarding the stacking of storage containers. There was no further discussion on this item. Mayor Ueckert reviewed Agenda Item D, Visitors/Citizens Forum. There was no discussion on this item. Mayor Ueckert reviewed Agenda Item E-1, Approval of Minutes: City Council Minutes of the November 7, 2011, Workshop Session and Regular Session. There was no discussion on this item. Mayor Ueckert reviewed Agenda Item E-2, Approval of Acceptance of a Grant From the Texas Department of Transportation for the Traffic Safety Program; and Authorization for the City Manager to Execute the Grant Agreement. There was no discussion on this item. Mayor Ueckert reviewed Agenda Item E-3, Approval of an Interlocal Agreement Between the City of Lewisville and the Lewisville Independent School District for the School Resource Officer Program; and Authorization for the City Manager to Execute the Agreement. There was no discussion on this item. Mayor Ueckert reviewed Agenda Item E-4, Approval of a Resolution Appointing a Representative to the SB 1420 IH35E Committee; and Affirmation of a Commitment to the IH35E Project in the Amount of $2,000,000. Discussion was held regarding that this appointment should be a City Council Member. There was no further discussion on this item. Mayor Ueckert reviewed Agenda Item F-5, Consideration of a Brownfields Assessment Program Application for the Property at 201 South Mill Street. Councilman Gorena requested that City Manager advised that this funding comes from Federal Grant money, not City tax dollars. There was no further discussion on this item.

16 NOVEMBER 21, 2011 Page 16 WORKSHOP SESSION 6:30 P.M. Discussion of Regular Agenda Items and Consent Agenda Items (cont d) (Agenda Item B) Mayor Ueckert reviewed Agenda Item F-6, Consideration of a Brownfields Assessment Program Application for the Property at 1000 Lake Ridge Road. There was no discussion on this item. Mayor Ueckert reviewed Agenda Item F-7, Adoption of Rules Providing a Code of Ethics and Appropriate Educational Pre-Service and In-Service Training Standards for Municipal Court Juvenile Case Managers. City Manager King advised that this was a mandate from the Legislature. There was no further discussion on this matter. Mayor Ueckert reviewed Agenda Item F-8, Consideration of an Ordinance Amending the Lewisville City Code, Chapter 2, Section Fee Schedule, by Adding a Fee for Zoning District Change Request Signs. Discussion was held that this was not an additional fee, just clean up for the Code Book. There was no further discussion on this item. Mayor Ueckert reviewed Agenda Item F-9, Consideration of Dates for the Annual City Council Retreat. Discussion was held regarding the various locations. The consensus of the City Council was to hold the Annual Retreat February 2-4 at the MCL Grand Theatre. There was no further discussion on this item. Mayor Ueckert reviewed Agenda Item G, Reports. There was no discussion on this item. Mayor Ueckert reviewed Agenda Item H-Closed Session. There was no discussion on this item. With no further discussion, the workshop session of the Lewisville City Council was adjourned at 6:48 p.m. on Monday, November 21, :00 P.M. With a quorum of the Council Members present, the regular session of the Lewisville City Council was called to order by Mayor Ueckert at 7:00 p.m. on Monday, November 21, 2011, in the Council Chambers of the Lewisville City Hall, 151 West Church Street, Lewisville, Texas.

17 NOVEMBER 21, 2011 Page 17 Invocation (Agenda Item A) At the request of Mayor Ueckert, Councilman Gorena gave the invocation. Pledge to the American and Texas Flags (Agenda Item B) At the request of Mayor Ueckert, Councilman Vaughn gave the pledge to the American and Texas flags. Public Hearing: Consideration of Ordinance No (Z) for a Zone Change Request From Light Industrial to Warehouse on Acres, Located Immediately South of Stonewall Drive and West of Huffines Boulevard; Further Identified as Lot 10R, Block A of the Riverview Industrial Park Addition, as Requested by Marluc LLC, the Property Owner (Case No. PZ ) (Agenda Item C) The applicant is proposing to change the zoning of the subject property from Light Industrial (LI) to Warehouse (WH) in order to accommodate a storage facility and unlimited outdoor storage for vehicles and mobile/modular buildings. Light Industrial zoning limits outside storage to ten percent of the lot area, while the Warehouse classification does not impose any restrictions. The property owner submitted voluntary deed restrictions to limit the use of outside storage to only Vehicles ; however, the owner s definition of Vehicle also includes mobile and modular homes. Although the unlimited storage of motorized vehicles may be not have a significant negative impact in the area, allowing for storage of stationary items including mobile and modular buildings is not recommended by staff. The Planning and Zoning Commission voted to approve the request at their meeting on October 18, 2011 with the voluntary deed restrictions as submitted by the owner. The City staff s recommendation was that the City Council consider the proposed ordinance amending Chapter 17 of the Lewisville City Code, the Comprehensive Zoning Ordinance, as set forth in the caption above. Mayor Ueckert opened the public hearing. Patia Boomsma, Planning Administrator was available to answer any questions posed by the City Council.

18 NOVEMBER 21, 2011 Page 18 Public Hearing: Consideration of Ordinance No (Z) for a Zone Change Request From Light Industrial to Warehouse on Acres, Located Immediately South of Stonewall Drive and West of Huffines Boulevard; Further Identified as Lot 10R, Block A of the Riverview Industrial Park Addition, as Requested by Marluc LLC, the Property Owner (Case No. PZ ) (cont d) (Agenda Item C) Jim Attrell, Property Owner, 50 Remington Terrace, Highland Village, Texas, spoke before the City Council in favor of this request. He addressed concerns regarding stacking of containers and assured the City Council that he was not going to stack modular containers. Mayor Ueckert confirmed with Mr. Attrell that he was agreeable to including that in the deed restrictions. Mr. Attrell confirmed that he would change the deed restrictions to restrict the maximum height to 20 feet. MOTION: Upon a motion made by Councilman Vaughn and seconded by Deputy Mayor Pro Tem Durham, the Council voted four (4) ayes and no (0) nays to close the public hearing. The motion carried. City Attorney Lizbeth Plaster read the ordinance caption into the record as follows: An Ordinance of the City Council of the City of Lewisville, Texas, That Amends the Zoning Ordinance of the City of Lewisville, Texas, Granting Zoning Changes on the Acre Tract of Land Fully and Completely Described in the Attached Exhibit "A", Ordering a Change in the Use of Said Property From Light Industrial (LI) District Zoning to Warehouse (WH) District Zoning; Correcting the Official Zoning Map; Preserving All Other Portions of the Zoning Ordinance; Providing a Clause Relating to Severability; Determining That the Public Interests and General Welfare Demand a Zoning Change and Amendment Therein Made; Providing a Penalty; and Declaring an Emergency MOTION: Upon a motion made by Councilman Vaughn and seconded by Councilman Gilmore, the Council voted four (4) ayes and no (0) nays to approve and adopt Ordinance No (Z), as previously captioned contingent upon Mr. Attrell s providing amended deed restrictions regarding that nothing would be stored that is stackable and that the maximum height would be 20 feet. The motion carried.

19 NOVEMBER 21, 2011 Page 19 Visitors/Citizens Forum (Agenda Item D) No one appeared to speak at this time. CONSENT AGENDA (Agenda Item E) Mayor Ueckert advised that the following item would be removed from the Consent Agenda for individual consideration and explanation: 1. Consent Agenda Item No. 4 Approval of a Resolution Appointing a Representative to the IH35E Managed Lane Project Stakeholder Committee (SB 1420); and Affirmation of Commitment to the IH35E Project in the Amount of $2,000,000 MOTION: Upon a motion made by Deputy Mayor Pro Tem Durham and seconded by Councilman Gorena, the Council voted four (4) ayes and no (0) nays to approve and adopt all remaining items on the Consent Agenda, as recommended and as follows: 1. APPROVAL OF MINUTES: City Council Minutes of the November 7, 2011, Workshop Session and Regular Session. 2. Approval of Acceptance of a Grant From the Texas Department of Transportation for the Traffic Safety Program; and Authorization for the City Manager to Execute the Grant Agreement. 3. Approval of an Interlocal Agreement Between the City of Lewisville and the Lewisville Independent School District for the School Resource Officer Program; and Authorization for the City Manager to Execute the Agreement. The motion carried. END OF CONSENT AGENDA

20 NOVEMBER 21, 2011 Page 20 Approval of Resolution No (R): Appointing a Representative to the IH35E Managed Lane Project Stakeholder Committee (SB 1420); and Affirmation of Commitment to the IH35E Project in the Amount of $2,000,000 (Agenda Item E-4) SB 1420 was authorized in the nd Legislative Session. SB 1420 allowed for modifications to the Transportation Code by adding Rule 27.90, 27.91, and which required certain TxDOT toll projects be reviewed by committee to recommend method of financing, tolling structure and methodology. Representatives of the committee include TxDOT, NTTA, NCTCOG, and municipalities and counties that provide financial commitment or donation of rights-of-way for the project. Financial participation will allow the City to be represented in the project as well as have a vote regarding final determination of the funding strategy and toll structure and methodology. The City staff s recommendation was that the City Council approve the resolution and all related items as set forth in the above caption. At the request of Councilman Gorena City Manager Claude King reviewed this agenda item and where the funding comes from for the City Council. MOTION: Upon a motion made by Councilman Gorena and seconded by Councilman Vaughn, the Council voted four (4) ayes and no (0) nays to Approve Resolution No (R): Appointing Deputy Mayor Pro Tem Durham as the City s representative to the IH35E Managed Lane Project Stakeholder Committee (SB 1420); and Affirm Commitment to the IH35E Project in the Amount of $2,000,000. The motion carried. Consideration of a Brownfields Assessment Program Application for the Property at 201 South Mill Street (Agenda Item F-5) Since the City was awarded Brownfields Assessment Funds in September of 2009, staff has been working with property owners and potential buyers to facilitate involvement in the program. The property at 201 South Mill Street, also known as the Lewisville Shopping Center, has submitted an application for participation in the program. The site's historical on and off-site uses, in addition to the age of the buildings, provide reason to believe that contamination may have occurred. Based on preliminary research, the project team recommends that the City Council approve site assessment activities eligible for funding according to EPA guidelines. The

21 NOVEMBER 21, 2011 Page 21 Consideration of a Brownfields Assessment Program Application for the Property at 201 South Mill Street (cont d) (Agenda Item F-5) Brownfields Advisory Committee recommended approval of this Brownfields Assessment Program Application at its meeting on October 18, The City staff s recommendation was that the City Council approve the Brownfields Assessment Program Application as set forth in the caption above. At the request of Mayor Ueckert, City Manager Claude King explained this item and the following item to the City Council. MOTION: Upon a motion made by Councilman Gilmore and seconded by Deputy Mayor Pro Tem Durham, the Council voted four (4) ayes and no (0) nays to approve the Brownfields Assessment Program Application for the Property at 201 South Mill Street. The motion carried. Consideration of a Brownfields Assessment Program Application for the Property at 1000 Lake Ridge Road (Agenda Item F-6) In order to facilitate the redevelopment of properties within the city, staff has been working with candidate sites to participate in the Brownfields program. Windy Ridge LLC, the owner of a 28-acre property located at 1000 Lake Ridge Road, has submitted an application for inclusion in the program. Suspected environmental conditions include contamination from explosive testing as well as paint stripping and other industrial operations. The project team, assisted by Terracon Consultants Inc., is prepared to conduct environmental site assessment, and proposes that the City Council approve site assessment activities eligible for funding according to EPA guidelines. The Brownfields Advisory Committee recommended approval of the Brownfields Assessment Program Application at its meeting on October 18, The City staff s recommendation was that the City Council approve the Brownfields Assessment Program Application as set forth in the caption above. MOTION: Upon a motion made by Councilman Vaughn and seconded by Deputy Mayor Pro Tem Durham, the Council voted four (4) ayes and no (0) nays to approve the Brownfields Assessment Program Application for the Property at 1000 Lake Ridge Road. The motion carried.

22 NOVEMBER 21, 2011 Page 22 Adoption of Rules Providing a Code of Ethics and Appropriate Educational Pre-Service and In-Service Training Standards for Municipal Court Juvenile Case Managers (Agenda Item F-7) During the 82nd legislative session, the Senate passed S.B. 61 relating to Juvenile Case Managers employed by municipalities. The bill amended Article Code of Criminal Procedure to require all governing bodies of cities which employ juvenile case managers to adopt reasonable rules for a code of ethics and the enforcement of the code of ethics, and appropriate educational pre-service and in-service training standards. Since the passage of SB 61, municipal courts across the state have worked with the Texas Municipal Courts Education Center to create the standards necessary to meet the new legal requirements. The Code of Ethics and Training Standards recommended by the Lewisville Municipal Court are consistent with the recommendations of the Texas Municipal Courts Education Center. SB 61 also requires each governing body to adopt the appropriate rules by December 1, The City staff s recommendation was that the City Council adopt the proposed Code of Ethics and Training Standards as set forth in the caption above. MOTION: Upon a motion made by Deputy Mayor Pro Tem Durham and seconded by Councilman Gorena, the Council voted four (4) ayes and no (0) nays to adopt the Rules Providing a Code of Ethics and Appropriate Educational Pre-Service and In-Service Training Standards for Municipal Court Juvenile Case Managers. The motion carried. Consideration of Ordinance No Amending the Lewisville City Code, Chapter 2, Section Fee Schedule, by Adding a Fee for Zoning District Change Request Signs (Agenda Item F-8) The ordinance change is to include a fee for zoning district change signs that are posted on the property notifying passers-by of a requested zone change. The cost of the sign is paid at the time of the zone change request in addition to the zone change filing fee. This fee has been charged in the past in accordance with the zoning ordinance Section but has not been included in the fee ordinance. The fee ordinance needs to be updated to reflect the fee collected for the sign as part of the zoning ordinance requirements. The City staff s recommendation was that the City Council approve the ordinance as set forth in the caption above.

23 NOVEMBER 21, 2011 Page 23 Consideration of Ordinance No Amending the Lewisville City Code, Chapter 2, Section Fee Schedule, by Adding a Fee for Zoning District Change Request Signs (cont d) (Agenda Item F-8) Nika Reinecke, Director of Economic Development and Planning, was available to answer any questions posed by the City Council. City Attorney Lizbeth Plaster read the ordinance caption into the record as follows: An Ordinance of the City Council of the City of Lewisville, Texas Amending the Lewisville City Code, Chapter 2, Article VIII, Section Fee Schedule, by Adding a Fee for a Zoning District Change Request Sign; Providing a Repealer; Providing for Severability; Providing an Effective Date; and Declaring an Emergency MOTION: Upon a motion made by Councilman Gorena and seconded by Councilman Gilmore, the Council voted four (4) ayes and no (0) nays to approve and adopt Ordinance No , as captioned previously. The motion carried. Consideration of Dates for the Annual City Council Retreat (Agenda Item F-9) The City Council Retreat has historically been held in February, with the meetings starting on a Thursday evening and then continuing all day Friday and Saturday until completion. Proposed dates are February 2-4, February 9-11 or February Based on which days are selected, the retreat will be held in the MCL Grand, City Council Conference Room or Lewisville Conference Center/Hilton Garden Inn. All facilities are at no cost. The City staff s recommendation was that the City Council review the available dates and direct City staff as to which date is preferred. MOTION: Upon a motion made by Councilman Gilmore and seconded by Councilman Gorena, the Council voted four (4) ayes and no (0) nays to set the Annual City Council Retreat for February 2-4, 2012 to be held at the MCL Grand. The motion carried.

24 NOVEMBER 21, 2011 Page 24 Reports (Agenda Item G) Quarterly Investment Report for Period Ending September 30, 2011 Fire Chief Tittle advised when Santa would be coming to the neighborhoods. Police Chief Kerbow reminded everyone to lock their vehicles and hide or take their valuables with them if they can while they are out shopping. Public Services Director Carole Bassinger advised that the lake was down seven feet. Assistant City Manager Donna Barron reminded everyone about Holiday at the Hall and the various events that would take place. Director of Community Development Eric Ferris advised of the successful Paws in the Park. Assistant City Manager Steve Bacchus advised of the garbage and recycle schedule during Thanksgiving and Christmas Holiday. Councilman Gorena requested that everyone keep an eye out for their fellow human beings during the holiday season. He also advised of a Toy Drive for the Texas National Guard Regiment for children in the hospital and locations to donate toys. Councilman Gilmore advised that early voting starts on November 23, 2011 for the open City Council seat. Councilman Vaughn advised that he had attended the National League of Cities in Phoenix, AZ where he met with other elected officials throughout the country and realized that regardless of the City s size, the problems are all similar. Mayor Ueckert wished everyone a Happy Thanksgiving and expressed how thankful he was for his family and City staff. There were no additional reports at this time. Mayor Ueckert adjourned the regular session of the Lewisville City Council into Closed Session at 7:35 p.m. Monday, November 21, 2011, in accordance with the requirements of the Open Meetings Law. Closed Session (Agenda Item H) In accordance with Texas Government Code, Subchapter D, Section (Real Estate), the Lewisville City Council convened into Closed Session at 7:35 p.m. on Monday, November 21, 2011, City Council Conference Room of the Lewisville City Hall, 151 West Church Street, Lewisville, Texas, in order to discuss matters pertaining to the following: 1. Property Acquisition

25 NOVEMBER 21, 2011 Page 25 Closed Session (cont d) (Agenda Item H) Section (Economic Development): 2. Deliberation Regarding Economic Development for a Potential Company Relocation. The Closed Session was adjourned at 7:48 p.m. on Monday, November 21, Reconvene into Regular Session and Consider Action, if any, on Items Discussed in Closed Session (Agenda Item I) Mayor Ueckert reconvened the Regular Session of the Lewisville City Council at 7:48 p.m. on Monday, November 21, 2011, in the Council Chambers of the Lewisville City Hall. Mayor Ueckert opened the floor for action to be taken on the items discussed in the Closed Session. There was no action taken on the items discussed during the Closed Session. Adjournment (Agenda Item J) MOTION: Upon a motion made by Councilman Gorena and seconded by Deputy Mayor Pro Tem Durham, the Council voted four (4) ayes and no (0) nays to adjourn the Regular Session of the Lewisville City Council at 7:48 p.m. on Monday, November 21, The motion carried. These minutes approved by the Lewisville City Council on the 19th day of December, APPROVED ATTEST: Dean Ueckert MAYOR Julie Heinze CITY SECRETARY