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2010-09-09 OF'FICIAL RECORD CI TY O F S OUTH LAKE TEXAS JOINT CITY COUNCIL AND PLANNING AND ZONING COMMISSION WORK SESSION MINUTES — SEPTEMBER 9, 2010 LOCATION: Southlake Town Hall 1400 Main Street Council Chambers Southlake, Texas 76092 TIME: 5:30 p.m. CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, Deputy Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A. Muller, Jeff Wang and Al Zito. CITY COUNCIL ABSENT: None. PLANNING AND ZONING COMMISSION PRESENT: Chairman Darrell Faglie, Vice - Chairman Robert Hudson, and Commissioners Jim Hamel (arrived at 5:15 p.m.), Brigham McCown, Shahid Shafi, and Michael Springer (arrived at 7:08 p.m.). PLANNING AND ZONING COMMISSION ABSENT: Commissioner Joe Lancor. STAFF PRESENT: Assistant City Manager / Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Director of Economic Development Greg Last, Director of Planning and Development Services Ken Baker, Planner II Richard Schell, Planner I Lorrie Fletcher, Planner I Daniel Cortez, Administrative Secretary Stephanie Breitbarth, Director of Public Works Bob Price, City Attorney Bryn Meredith, and City Secretary Lori Payne. Agenda Item No. 1. Call to order. Mayor Terrell called the meeting to order at 5:08 p.m. Agenda Item No. 3. Discussion: Overview of preliminary ambient air quality test results; and Agenda Item No. 4.Discussion: Overview of groundwater research. Director Baker made initial comments and then introduced the consultant from Kleinfelder, Dr. Kenneth Tramm. Dr. Tramm presented the findings of the Air Quality Study conducted in Southlake and answered the Council's and the Commissioner's questions. Agenda Item No. 2A. Executive Session. Mayor Terrell announced the City Council and the Planning and Zoning Commission would be going into 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). City JOINT CITY COUNCIUP &Z COMMISSION WORK SESSION MINUTES, SEPTEMBER 9, 2010 Page 1 of 2 Council and the Planning and Zoning Commission adjourned for Executive Session at 6:04 p.m. Executive Session began at 6:15 p.m. and ended at 7:15 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the work session at 7:20 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 5. Discussion: Review of the City's Comprehensive Plan, Zoning Ordinance, Gas and Oil Well Drilling and Production Ordinance and Road Repair Agreement. This item was not discussed. Agenda Item No. 6. Discussion: Other items related to gas drilling and production. This item was not discussed. Agenda Item No. 7. Meeting adjourned. Mayor Terrell adjourned the meeting at 7:20 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Al 414 . . John Terrell Mayor ATTEST: 4 yY A W , ., J [[•""``"" Lori Payne W d^-, City Secretary ��a .: HOC+ & ® ,,.:.. , ,,, ,A, ,Le 4 --7-- Darrell Faglie 0 Planning and Zoning Commission Chairman / r 'Ili/IA Y `'J ' f A. Step anie Bre "t• . rth Commission Secretary JOINT CITY COUNCIUP &Z COMMISSION WORK SESSION MINUTES, SEPTEMBER 9, 2010 Page 2 of 2 i Elj CITY OF SOUTHLAKE TEXAS JOINT CITY COUNCIL AND PLANNING AND ZONING COMMISSION WORK SESSION SEPTEMBER 9, 2010 LOCATION: Southlake Town Hall 1400 Main Street Council Chambers / Executive Conference Room Southlake, Texas 76092 TIME: 5:00 p.m. 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 any time during the meeting that a need arises for the City Council and the Planning and Zoning Commission to seek advice from the City Attorney as to the posted subject matter of this meeting. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding gas drilling and production and gas utility companies. b. Seek advice of the city attorney regarding conflict of interest — Discuss Chapter 171 and City Code of Ethics. B. Reconvene: Reconvene the meeting and take any action necessary on items discussed in Executive Session. 3. Discussion: Overview of preliminary ambient air quality test results. 4. Discussion: Overview of groundwater research. 5. Discussion: Review of the City's Comprehensive Plan, Zoning Ordinance, Gas and Oil Well Drilling and Production Ordinance and Road Repair Agreement. 6. Discussion: Other items related to gas drilling and production. 7. Meeting adjourned. City of Southlake values: Integrity • Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork City of Southlake Joint City Council - P8Z work session agenda September 9, 2010 Page 2 of 4 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, September 3, 2010, by 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. A/(k1 Lori Payne, TR 0 • , City Secretary If you plan to attend this public meetih'g and 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 Joint City Council - P&Z work session agenda September 9, 2010 Page 3 of 4 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. Jayson Steele vs. City of Southlake. August 2008. 2. Pending Public Information Act requests. 3. Texas Attorney General litigation defending the constitutionality of the Texas Open Meetings Act. 4. Legal issues regarding the Barnett Shale gas extraction and transportation. 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(0: 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 City of Southlake Joint City Council - P8Z work session agenda September 9, 2010 Page 4 of 4 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 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.