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2009-04-07 CC Packet I 1 ' CITY OF SOUTHLAKE TEXAS IREGULAR CITY COUNCIL MEETING MINUTES: APRIL 7, 2009 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall IICITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern John Terrell, Deputy Mayor Pro Tern Gregory Jones (arrived at 5:20 p.m.) and Councilmembers Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon Stansell. 1 CITY COUNCIL ABSENT: None. IISTAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Deputy IDirector of Community Services Kerry McGeath, Recreation Superintendent Steve Moore, Director of Economic Development Greg Last, Marketing and Tourism icy, Coordinator Jill Cherry, Director of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Municipal Court Judge Carol Montgomery, Municipal Court Supervisor Leah Huff, Director of Human Resources Kevin Hugman, Director of I Information Systems Dale Dean, Information Systems Technician Vicky Roche, Director of Planning and Development Services Ken Baker, Planner II Clayton Comstock, Planner I Daniel Cortez, Chief Building Official Paul Ward, Chief of Police Services I Robert Finn, Lieutenant Ben Brown, Warrant Officer Jeff Paul, Chief of Fire Services Mike Starr, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick, Civil Engineer I Cheryl Taylor, Civil Engineer Michael James, Environmental Coordinator Christi Upton, City Attorney Tim Sralla, and City Secretary Lori Payne. IWORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor IWambsganss at 5:09 p.m. Agenda Item No. 2. Invocation. Judy Hunt from Whites Chapel United Methodist Church Igave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 3. Presentation by Judge Carol Montgomery regarding the City's I participation in the Statewide Warrant Round Up. Judge Montgomery presented this item to Council. 1 --- REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009 IPage 1 of 10 w I <, Agenda Item No. 4. Discuss all items on tonight's meeting agenda. City Council reviewed the consent agenda items with city staff. The following items were added to the consent agenda: item 8A to appoint Patricia Burnett and items 8B and 9B. IMayor Wambsganss closed the work session at 5:31 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:31 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code I Section 551.071, seek advice from the city attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:31 p.m. I Executive Session began at 5:54 p.m. and ended at 6:35 p.m. IC Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:47 p.m. and asked if any action was necessary from Executive Session. No action was necessary. kw Agenda Item No. 3A1. Mayor's Report - update of upcoming meetings and events. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 3A2. Mayor's Report — special recognition. This recognition was made g 9 later in the meeting. I Agenda Item No. 3B1. CityManager's Report - introduction of Chamber of Commerce g g p Awards Banquet winners. City Manager Yelverton asked Director Last to come forward Ifor this item. Director Last introduced Chamber of Commerce President Giovanna Phillips who presented the list of winners from the awards banquet. IAgenda Item No. 3B2. City Manager's Report — financial report, Certificates of Obligation, Series 2009. Director Jackson presented this item to Council and answered Itheir questions. Agenda Item No. 3A2. Mayor's Report — special recognition. Mayor Wambsganss I presented a certificate of appreciation to Cindy Robinson for her volunteer efforts with the Southlake DPS Citizen's Association (SDCA) and the photographs she provided for an exhibit in the library, "Southlake DPS In Action," which honors the men and women I of the Southlake Department of Public Safety. Councilmember Muller thanked Ms. Robinson for her volunteerism. L4- REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009 Page 2 of 10 r C C Agenda Item No. 3C. Parks and Recreation Board Report. Park Board Member Emily Galpin updated Council on upcoming events and meetings. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Wambsganss read the items into the record. Agenda Item No. 4A. Approve minutes from the March 3, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Resolution No. 09-002A, Amend Resolution No. 09-002 which called for a General and Special Election to be held May 9, 2009 by approving an agreement with the Tarrant County Elections Administrator. 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 RESOLUTION NO. 09-002 WHICH CALLED FOR A GENERAL AND SPECIAL ELECTION PURSUANT TO THE TEXAS ELECTION CODE TO BE HELD ON MAY 9, 2009 BY APPROVING AN AGREEMENT FOR ELECTION SERVICES WITH TARRANT COUNTY; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4C. Resolution No. 09-016, Appoint a Clerk of the Court. A C1/41r presentation was not made on this item. Council appointed Leah Huff as the Clerk of the Court. 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, APPOINTING A MUNICIPAL COURT CLERK AND PROVIDING AN EFFECTIVE DATE Agenda Item No. 4D. Resolution No. 09-006, Approve a business retention and expansion strategic plan for the City of Southlake. 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, ADOPTING A BUSINESS RETENTION AND EXPANSION STRATEGIC PLAN FOR THE CITY OF SOUTHLAKE; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4E. Approve a Community Events Participation Agreement with Southlake Women's Club for the Art in the Square event. A presentation was not made on this item. Agenda Item No. 4F. Approve an amendment for design services on F.M. 1709 deceleration lanes to the existing Professional Services Agreement with Transystems Corporation in the amount of $7,735.00. A presentation was not made on this item. L REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009 Page 3of10 �r II I + , Agenda Item No. 4G. Ordinance No. 662-D, 1st Reading, Revise the Drought Contingency Plan. A presentation was not made on this item. I Agenda Item No. 4H. Ordinance No. 895-B, 1st Reading, Revise the Water Conservation Plan. A presentation was not made on this item. I Agenda Item No. 41. Approve an amendment to the Bicentennial Retail Plaza agreement. A presentation was not made on this item. I Agenda Item No. 4J. ZA08-033, Final Plat Extension for Winfield Estates on property located at 1107 and 1155 East Dove Street and 2210 North Carroll Avenue. Current Zoning: R-PUD - Residential Planned Unit Development District. SPIN Neighborhood #5. Request for extension to May 8, 2010. A presentation was not made on this item. Agenda Item No. 4K. ZA09-005, Plat Revision for Lot 11 R, Block 1, The Lakes at La I Paloma being a replat of property currently described as Lot 11, Block 1, The Lakes of La Paloma, located at 1104 La Paloma Court. Current Zoning: SF-20A - Single Family Residential District. Requested Zoning: SF-20A - Single Family Residential District. ISPIN Neighborhood #9E. A presentation was not made on this item. Agenda Item No. 4L. Ordinance No. 480-579, 1st Reading (ZA08-062), Zoning Change kir and Concept Plan for 520 South White Chapel Boulevard on property being described as Tract 3E, Hiram Granberry Survey, Abstract No. 581 and being located at 520 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #14. This item was tabled to the April 21, 2009 City Council meeting IAgenda Item No. 8A. Resolution No. 09-013, Appoint a member to the Senior Advisory Commission. A presentation was not made on this item. Council appointed Patricia Burnett to Place 2 with a term ending May 2010. 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, APPOINTING A MEMBER TO THE SENIOR ADVISORY COMMISSION AND PROVIDING AN EFFECTIVE DATE. IAgenda Item No. 8B. Resolution No. 09-019, Authorize the city attorney to bring condemnation action for the purpose of obtaining a permanent public utility easement I for the purpose of construction and maintenance of a right turn deceleration lane located at the Southlake Church, Lot 1R1, Brock Addition, located at 2417 West Southlake Boulevard. A presentation was not made on this item. In accordance with ISection 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY L4-• ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009 Page 4of10 se C OBTAINING A PUBLIC UTILITY EASEMENT FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF A RIGHT TURN DECELERATION LANE j ..r OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW. Agenda Item No. 9B. Consider SV09-005, Variance to Sign Ordinance No. 704-C for Bethel Methodist Church located at 190 South White Chapel Boulevard. A presentation was not made on this item. Motion was made to approve consent agenda items 4A; 4B; 4C to appoint Leah Huff as the Clerk of the Court; 4D; 4E; 4F; 4G; 4H; 41; 4J; 4K subject to Plat Review Summary No. 3, dated April 1, 2009; to table item 4L to the April 21, 2009 City Council meeting; 8A to appoint Patricia Burnett to Place 2 with a term ending May 2010; 8B; and 9B to extend the current sign approval to April 2010. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Wambsganss opened the public forum. No r. one spoke during public forum. Noe The applicant was not present for items 6A and 6B so Mayor Wambsganss moved consideration of those items to later in the meeting. Agenda Item No. 6C. Ordinance No. 480-338a, 2nd Reading (ZA08-116), Zoning Change and Site Plan for Carroll Senior High School on property being described as Lot 1R, Block 1R, Carroll High School Addition, being located at 1453 and 1501 West Southlake Boulevard and 301 South Pevtonville Avenue. Current Zoning: S-P-1 - I Detailed Site Plan District. Requested Zoning: S-P-1 - Detailed Site Plan District. SPIN Neighborhood #16. Director Baker presented this item to Council. Assistant Superintendent of Carroll Independent School District Dr. Derek Citty and civil engineer John Blacker answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1R, BLOCK 1R, CARROLL HIGH SCHOOL ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 55 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT ..r USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009 Page 5 of 10 C C INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC r,, REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE 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. For the record, Mayor Wambsganss suggested that in the future once the sidewalk is installed along the west property line that a permanent retaining wall of brick or rock with mortar be installed in lieu of the current materials. Motion was made to approve Ordinance No. 480-338a, 2nd Reading (ZA08-116), Zoning Change and Site Plan for Carroll Senior High School subject to approval of the requested variances; subject to the recommendations of the Planning and Zoning Commission; subject to Site Plan Review Summary No. 3, dated February 12, 2009; and subject to the landscaping plan as previously presented. Motion: Stansell kir Second: Jones Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6D. ZA09-002, Site Plan for a log cabin at Bicentennial Park on property being described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 1 B, 1C1, 1C2, 1C3, 1 E, 2A, 2A1, 2A2, 2B, 2B1, 3C, 3C1, 3C1A, 3D, 3D1A and 3D6, L.B.G. Hall Survey, Abstract No. 686 and being located at 400 North White Chapel Boulevard, 300 and 450 West Southlake Boulevard and 275-315 Shady Oaks Drive. Current Zoning: CS - Community Service District. SPIN Neighborhood #10. Director Baker presented this item to Council. City Manager Yelverton and Directors Price and Tribble answered Council's questions. Council discussed this item. No one spoke during the public hearing. madeto pp approve ZA09-002 Site Plan for a log was cabin at Bicentennial Park subject to Site Plan Review Summary No. 1, dated February 13, 2009 and subject to the City Manager's recommendation that a funding source be identified at a later date. Motion: Stansell Second: Hill Lew REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009 Page 6 of 10 I • Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 The Council considered items 6A and 6B next. Agenda Item No. 6A. Ordinance No. 480-580, 2nd Reading (ZA08-066), Zoning Chanqe and Site Plan for Brad Moss Dental Office on property being described as Lot 2, Block �i 1, Chivers Park Addition and a portion of Lot 3, Block 1, Chivers Park Addition being located at 1210 North Carroll Avenue. Current Zoning: 01 - Office District and CS - II Community Service District. Requested Zoning: 01 - Office District. SPIN Neighborhood #5. Planner Comstock presented this item to Council in conjunction with item 6B. Applicant Skip Blake of Blake Architects answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, CHIVERS PARK ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.39 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM ""CS" COMMUNITY SERVICE Clow DISTRICT TO "01" OFFICE DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE 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. Council discussed this item. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-580, 2nd Reading (ZA08-066), Zoning Change and Site Plan for Brad Moss Dental Office subject to the recommendations of the Planning and Zoning Commission, subject to Site Plan Review Summary No. 4, dated February 13, 2009 and granting the requested variances. Motion: Stansell Second: Muller Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss I. Nays: None 4-- REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009 Page 7 of 10 I Approved: 7-0 Vir Agenda Item No. 6B. Resolution No. 09-017 (ZA08-115) Specific Use Permit for carports at Brad Moss Dental Office on property being described as Lot 2, Block 1, Chivers Park Addition and a portion of Lot 3, Block 1, Chivers Park Addition being located at 1210 North Carroll Avenue. Current Zoning: 01 - Office District and CS — Community Service District. Requested Zoning: 01 — Office District. SPIN Neighborhood #5. Planner Comstock presented this item to Council in conjunction with item 6A. Applicant Skip Blake of Blake Architects 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 CARPORT ON NON-RESIDENTIAL PROPERTY ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 1210 N. CARROLL AVENUE, BEING LEGALLY DESCRIBED AS LOT 2, AND A PORTION OF LOT 3, BLOCK 1, CHIVERS PARK ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 09-017 (ZA08-115) Specific Use Permit for carports at Brad Moss Dental Office subject to Specific Use Permit Review Summary No. 2, dated February 13, 2009 and subject to the applicant's presentation tonight. Motion: Stansell Second: Jones Ayes: Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: Hill Approved: 6-1 Mayor Pro Tem Terrell was out of the room for the next item. Agenda Item No. 6E. Resolution No. 09-018 (ZA09-006) Specific Use Permit for an accessory building for the Tennis Complex at Bicentennial Park on property being described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 1B, 1 C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 2B1, 3C, 3C1, 3C1A, 3D, 3D1A and 3D6, L.B.G. Hall Survey, Abstract No. 686, and being located at 400 North White Chapel Boulevard, 300 and 450 West Southlake Boulevard and 275-315 Shady Oaks Drive. Current Zoning: CS — Community Service District. Requested Zoning: CS — Community Service District. SPIN Neighborhood #13. Director Baker presented this item to Council. Director Tribble answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009 Page 8 of 10 C I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, Amor GRANTING A SPECIFIC USE PERMIT FOR AN ACCESSORY BUILDING ON NON- RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, ON PROPERTY BEING DESCRIBED AS LOT 2R2, L.B.G. HALL NO. 686 ADDITION AND BEING TRACTS 1, 1B, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 2B1, 3C, 3C1, 3C1A, 3D, 3D1A AND 3D6 IN THE L.B.G. HALL SURVEY ABSTRACT NO. 686 AND BEING LOCATED AT 400 N. WHITE CHAPEL BLVD., 300 AND 450 W. SOUTHLAKE BOULEVARD AND 275-315 SHADY OAKS DRIVE, SOUTHLAKE, TEXAS. MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. Council discussed this item. No one spoke during the public hearing. Motion was made to approve Resolution No. 09-018 (ZA09-006) Specific Use Permit for an accessory building for the Tennis Complex at Bicentennial Park subject to Specific Site Plan Review Summary No. 1, dated February 27, 2009 and denying the requested variance. Motion: Stansell Second: Muzyka kir Ayes: Hill, Jones, Muller, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 Mayor Pro Tern Terrell returned to the meeting during the next item. Agenda Item No. 7A. Ordinance No. 953, 1st Reading, Adopt Illicit Discharge Ordinance. Director Price presented this item to Council and answered their questions. Council discussed this item. Motion was made to approve Ordinance No. 953, 1st Reading, Adopt Illicit Discharge Ordinance pursuant to the presentation made by staff. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7B. Approve Ordinance No. 598-C and related exhibits, revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) and replacing Ordinance No. 598-B. Assistant to the City Manager Ortowski and Planner Comstock jointly presented this item to Council and answered Council's questions. Council discussed this item. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009 Page 9 of 10 I Motion was made to approve Ordinance No. 598-C and related exhibits, revising ,., aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN), replacing Ordinance No. 598-B and subject to the comments directed to staff this evening. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Councilmember Hill had to leave the meeting during consideration of the last item. Agenda Item No. 9A. Consider approving staff recommendation of overhead street lighting selection for Kirkwood Boulevard, North Kimball Avenue and North White Chapel Boulevard. Engineer James presented this item to Council and answered Council's questions. Director Price also answered Council's questions. Council discussed this item. Motion was made to approve staff recommendation of overhead street lighting selection for Kirkwood Boulevard, North Kimball Avenue and North White Chapel Boulevard Motion: Terrell Second: Muzyka ke, Ayes: Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 8:56 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wam ganss Mayor p ATTEST: y .•,*.r_o ��,. • r: is • :: r. �v'._ A Lori Payne, TRMC ' City Secretary °. C REGULAR CITY COUNCIL MEETING MINUTES, APRIL 7, 2009 Page 10 of 10 ci • Description City Council - Mayor, Terrell, Stansell, Muller, Hill, Muzyka, Jones (arrived at 5:20) Date 4/7/2009 Location Southlake Council Chambers C C I C C C IL I I C I I I I 411re L OP C ECity Council - Mayor, Terrell, Stansell, Muller, Hill, Muzyka, JorSouthlake Council Chambers Time Speaker Note 5:09:28 PM Mayor convened the regular meeting I .., 5:10:17 PM Judy Hunt gave the invocation for the meeting 5:11:55 PM Mayor led the pledge of allegiance I 5:14:44 PM Judge Carol Montgomery presented work session item 3 regarding our recent Warrant Round Up 5:25:04 PM Mayor reviewed consent agenda items 4a, 4b, 4c, 4d, 4e, 4f, 4g, I 4h, 4i, 4j, 4k, 4I to table to April 21, 8a to appoint Patricia Burnett, 9b, 5:25:14 PM Mayor discussed consent agenda items I 5:31:28 PM Mayor 5:31:38 PM Mayor closed work session and opened regular session called for a executive session 6:47:32 PM Mayor reconvened the regular meeting I6:47:49 PM Mayor gave report of upcoming events and meetings 6:48:18 PM City Manager's Shana Yelverton asked Economic Development Director Report Greg Last to come forward who asked Giovanna Phillips to I present information on the Chamber of Commerce Awards Banquet winners 6:53:17 PM Financial Report Finance Director Sharen Jackson presented the financial Ireport 7:01:55 PM Council discussed the certificates of obligation, series 2009 and asked Director Jackon questions • it 7:05:12 PM Mayor under the Mayors Report - gave a special recognition and Ilw certificate of appreciation to Cindy Robinson I 7:07:27 PM Emily Galpin . presented a Parks and Recreation Board Report - discussed upcoming events and meetings 7:11:05 PM Councilmember stated that Southlake Sister Cities - on April 18 is also Kite I 7:11:37 PM Vmiargyionria Muzyka Day presented the consent agenda items -4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j subject to review, to table item 41, to add item I8a to appoint Patricia Burnett, and 9b 7:15:19 PM Terrell motion to approve the consent agenda as read I 7:15:22 PM Muzyka 7:16:10 PM public forum second - consent agenda approved 7-0 no one spoke opened I 7:16:18 PM Mayor said there is no applicant present at this time on items 6a and 6b so Council will consider those items later in the meeting I7:17:39 PM Director Ken Baker presented item 6c to Council 7:22:53 PM Dr. Derek Citty answered Councils questions - fencing II 7:23:39 PM John Black civil engineer on project introduced himself to Council I7:24:06 PM public hearing no one spoke is- opened I4/7/2009 2 of 5 • City Council - Mayor, Terrell, Stansell, Muller, Hill, Muzyka, JorSouthlake Council Chambers Time Speaker Note 7:24:31 PM Mayor noted that the retaining wall on Peytonville is not the best product and that as the retaining wall needs to be replaced he suggested using a rock and stone product 7:25:07 PM Stansell motion to approve 6c subject to approval of variances, P&Z recommendations, and subject to review and landscaping plan as approved on first reading 7:25:42 PM Jones second - approved item 6c 7-0 7:25:58 PM Ken Baker presented item 6d to Council 7:31:28 PM Director Bob Price answered questions related to the asphalt driveway 7:31:58 PM Director Chris Tribble answered questions related to costs incurred 7:36:42 PM Councilmember asked questions relating to funding Pamela Muller 7:37:42 PM City Manager addressed the hotel occupancy tax monies being used for Yelverton this project 7:38:38 PM Director Price addressed question related to paving up to the water tower 7:39:40 PM Deputy Mayor Pro the thought was to make this cabin part of community Tern Jones education 7:41:45 PM Stansell operating costs will be negligible 7:42:03 PM public hearing no one spoke 7:42:11 PM Stansell motion to approve item 6d subject to review and funding source will be reviewed 7:42:35 PM Hill second approved item 6d 7-0 7:43:23 PM Assistant City Manager Blagg stated there has been a leak in the HVAC unit upstairs and theyve had to shut down the system, it may get a little hot in the Chambers (the applicant arrived for items 6a and 6b so the Mayor went back to that item) 7:43:33 PM Planner Clayton presented items 6a and 6b to Council Comstock 7:50:18 PM Applicant Skip answered Council's questions Blake of Blake Architects 7:52:03 PM Council asked questions - parking ratio between medical and dental, roof materials, material on upper dormer areas 7:54:45 PM public hearing no one spoke opened on item 6a 7:54:52 PM public hearing no one spoke opened on item 6b 4/7/2009 3 of 5 I , ECity Council - Mayor, Terrell, Stansell, Muller, Hill, Muzyka, JorSouthlake Council Chambers Time Speaker Note 7:55:44 PM Stansell motion to approve item 6a subject to P&Z approval, subject i .... to review, granting variances 7:56:24 PM Muller second - approved 7-0 I 7:56:39 PM Stansell motion to approve item 6b subject SUP and subject to applicants presentation •7:57:10 PM Jones second - approved item 6b 6-1 (Hill) . I 7:57:45 PM Director Baker • presented item 6e to Council 8:03:26 PM Director Tribble answered questions - the use and cost of Hardy board versus brick, success of center and future need for storage, I size and location of this storage building, types of door knobs, 8:10:09 PM Council could approve it subject to staff looking into facade material I . 8:10:33 PM public hearing no one spoke 8:10:42 PM *Stansell motion to approve item 6e denying the requested variance I 8:11:07 PM Muzyka and subject to review second - approved 6-0 (Terrell out of room) 8:11:40 PM Director Price presented item 7a to Council and answered questions I8:15:52 PM Council asked questions of Director Price 8:16:47 PM Terrell motion to approve 7a subject to I8:17:00 PM Muzyka second - approved 7-0 illor 8:17:18 PM Assistant to the presented this item to Council along with Planner Clayton City Manager Comstock II Alison Ortowski 8:32:34 PM *Ortowski they will bring back a resolution to appointment reps for each neighborhood and will appoint at-large positions, will Ichange the appointment time to align with other boards, • 8:35:49 PM Council asked questions - number of HOAs included in area 10, is ICarillon included, wants to see a clear differentiation between the rep versus the at-large, maybe requiring turnover through the at-large positions, number of and I creation of at large reps are at Council's discretion, wouldn't want the at-large positions to come from one SPIN area I 8:45:37 PM Comstock 8:46:58 PM Terrell there are about 14 HOA in SPIN area 10 motion to approve item 7b and related exhibits subject to comments made to staff this evening C8:47:25 PM Muzyka second - approved 7-0 8:47:59 PM Engineer Michael presented item 9A to Council James I8:53:46 PM Director Price addressed the issue of meeting with Oncor regarding different light fixture options L8:54:54 PM Council discussed this item - shoebox versus guliwing, Kirkwood 41111, . 1 4/7/2009 4 of 5 mi City Council - Mayor, Terrell, Stansell, Muller, Hill, Muzyka, JorSouthlake Council Chambers Time Speaker Note 8:56:30 PM Terrell motion to approve item 9a I '•' 8:56:49 PM ? second approved 6-0 (Hill out of room) 8:56:52 PM Mayor adjourned meeting L Amy C I C C I I I C C I C 4/7/2009 5 of 5 6000 WESTERN PLACE,SUITE 200 TELEPHONE:(817)332-2580 Taylor Olson Adkins Stella Elam I-30 AT BRYANT-IRVIN ROAD L.L.P. TOLL FREE:(800)318-3400 FORT WORTH,TEXAS 76107-4654 FACSIMILE:(817)332-4740 EMAIL:TOASE@TOASE.COM Attorneys 4110 Counselors WEBSITE:WWW.TOASE.COM TIM G. SRALLA Certified Civil Appellate Law Specialist extension 228 Texas Board of Legal Specialization tsralla a toase.com April 7, 2009 CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE VIA HAND DELIVERY Mayor and City Councilmembers City of Southlake 1400 Main Street Southlake, Texas 76092 Re: Legality of Executive Session Posting Dear Mayor and Councilmembers: It You have asked our office to review the executive session posting for the October 7,2008, regular city council meeting. It is my understanding that the following executive session has been posted for the requisite time: 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 the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney on city-initiated rezonings. 2. Section 551.072: Deliberation regarding personnel matters a. Deliberation of appointments of city board and commission members. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. 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 C April 7, 2009 Page 2 Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes,Carleo A.Capili and wife,Regina Capili and John R.Griggs and wife,Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004. 2. Michael Kenny vs. City of Southlake. April 2008 3. Jayson Steele vs. City of Southlake. August 2008. 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. 111 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(f): Texas Disaster Act. The City Council may deliberate information: 1) for purposes ofpreventing,investigating,or responding to an act of terrorism or related criminal activity and involving emergency response providers,their staffing, contact information and tactical 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. C April 7, 2009 Page 3 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. If you have any additional questions or concerns,please feel free to contact our office. incerel OCZ Tim G. Sralla TGS/as cc: Ms. Shana Yelverton City of Southlake 1400 Main Street Er Suite 460 Southlake, Texas 76092 Ms. Lori Payne City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 11111, C C C C w • AP' EiCITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: APRIL 7, 2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: Betsy Godbold, Chaplain of the Month 3. Presentation by Judge Carol Montgomery regarding the City's participation in the Statewide Warrant Round Up. 4. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or immediately following the work session 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 the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071: Consultation with ci ty ty attorney a. Seek advice from the city attorney regarding substandard building issues. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. .4w City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 7,2009 Page 2 of 7 L 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events 2. Special recognition B. City Manager's Report 1. Introduction of Chamber of Commerce Awards Banquet winners 2. Financial Report - Certificates of Obligation, Series 2009 C. Parks and Recreation Board Report CONSENT AGENDA: All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: A. Approve minutes from the March 3, 2009 regular City Council meeting. B. Resolution No. 09-002A, Amend Resolution No. 09-002 which called for a General and Special Election to be held May 9, 2009 by approving an agreement with the Tarrant County Elections Administrator. E C. Resolution No. 09-016, Appoint PPoint a Clerk of the Court. D. Resolution No. 09-006, Approve a business retention and expansion strategic plan for the City of Southlake. E. Approve a Community Events Participation Agreement with Southlake Women's Club for the Art in the Square event. F. Approve an amendment for design services on F.M. 1709 deceleration lanes to the existing Professional Services Agreement with Transystems Corporation in the amount of$7,735.00. G. Ordinance No. 662-D, 1st Reading, Revise the Drought Contingency Plan. (If approved at first reading, the public hearing will be held April 21, 2009.) H. Ordinance No. 895-B, 1st Reading, Revise the Water Conservation Plan. (If approved at first reading, the public hearing will be held April 21, 2009.) I. Approve an amendment to the Bicentennial Retail Plaza agreement. J. ZA08-033, Final Plat Extension for Winfield Estates on property located at 1107 and 1155 East Dove Street and 2210 North Carroll Avenue. Current I *ay City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 7, 2009 Page 3 of 7 .r Zoning: R-PUD - Residential Planned Unit Development District. SPIN Neighborhood #5. Request for extension to May 8, 2010. K. ZA09-005, Plat Revision for Lot 11 R, Block 1, The Lakes at La Paloma being a replat of property currently described as Lot 11, Block 1, The Lakes of La Paloma, located at 1104 La Paloma Court. Current Zoning: SF-20A - Single Family Residential District. Requested Zoning: SF-20A - Single Family Residential District. SPIN Neighborhood #9E. L. Ordinance No. 480-579, 1st Reading (ZA08-062), Zoning Change and Concept Plan for 520 South White Chapel Boulevard on property being described as Tract 3E, Hiram Granberry Survey, Abstract No. 581 and being located at 520 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #14. THIS ITEM HAS BEEN TABLED TO E THE APRIL 21, 2009 CITY COUNCIL MEETING. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.) E. 6. Ordinances, second readings, public hearings, and related items: Nir A. Ordinance No. 480-580, 2nd Reading (ZA08-066), Zoning Change and Site Plan for Brad Moss Dental Office on property being described as Lot 2, Block 1, Chivers Park Addition and a portion of Lot 3, Block 1, Chivers Park Addition being located at 1210 North Carroll Avenue. Current Zoning: 01 - Office District and CS - Community Service District. Requested Zoning: 01 - Office District. SPIN Neighborhood #5. PUBLIC HEARING B. Resolution No. 09-017 (ZA08-115) Specific Use Permit for carports at Brad Moss Dental Office on property being described as Lot 2, Block 1, Chivers Park Addition and a portion of Lot 3, Block 1, Chivers Park Addition being located at 1210 North Carroll Avenue. Current Zoning: 01 - Office District and CS — Community Service District. Requested Zoning: 01 — Office District. SPIN Neighborhood #5. PUBLIC HEARING C. Ordinance No. 480-338a, 2nd Reading (ZA08-116), Zoning Change and Site Plan for Carroll Senior High School on property being described as Lot 1 R, Block 1 R, Carroll High School Addition, being located at 1453 and 1501 West Southlake Boulevard and 301 South Peytonville Avenue. Current Zoning: S-P-1 - Detailed Site Plan District. Requested Zoning: S- P-1 - Detailed Site Plan District. SPIN Neighborhood #16. PUBLIC HEARING City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork • City of Southlake City Council meeting agenda April 7, 2009 Page 4 of 7 L4111, D. ZA09-002, Site Plan for a log cabin at Bicentennial Park on property being described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 1B, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 2B1, 3C, 3C1, 3CIA, 3D, 3D1A and 3D6, L.B.G. Hall Survey, Abstract No. 686 and being located at 400 North White Chapel Boulevard, 300 and 450 West Southlake Boulevard and 275-315 Shady Oaks Drive. Current Zoning: CS - Community Service District. SPIN Neighborhood #10. PUBLIC HEARING E. Resolution No. 09-018 (ZA09-006) Specific Use Permit for an accessory building for the Tennis Complex at Bicentennial Park on property being described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 1B, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 2B1, 3C, 3C1, 3C1A, 3D, 3D1A and 3D6, L.B.G. Hall Survey, Abstract No. 686, and being located at 400 North White Chapel Boulevard, 300 and 450 West Southlake Boulevard and 275-315 Shady Oaks Drive. Current Zoning: CS - Community Service District. Requested Zoning: CS - Community Service District. SPIN Neighborhood #13. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 953, 1st Reading, Adopt Illicit Discharge Ordinance. (If C. approved at first reading, the public hearing will be held April 21, 2009.) Now B. Approve Ordinance No. 598-C and related exhibits, revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) and replacing Ordinance No. 598-B. (If approved at first reading, the public hearing will be held April 21, 2009.) 8. Resolutions: A. Resolution No. 09-013, Appoint a member to the Senior Advisory Commission. B. Resolution No. 09-019, Authorize the city attorney to bring condemnation action for the purpose of obtaining a permanent public utility easement for the purpose of construction and maintenance of a right turn deceleration lane located at the Southlake Church, Lot 1R1, Brock Addition, located at 2417 West Southlake Boulevard. 9. Other items for consideration: A. Consider approving staff recommendation of overhead street lighting selection for Kirkwood Boulevard, North Kimball Avenue and North White Chapel Boulevard. I ft° City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork MP Cityof Southlake City Council meeting agenda April 7, 2009 Page 5 of 7 s B. Consider SV09-005, Variance to Sign Ordinance No. 704-C for Bethel Methodist Church located at 190 South White Chapel Boulevard. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. 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, April 3, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ar„.uva„,,, irt Lori ayne TRM 6•a �' City Secretary = .. t7v If you plan to attend this public igeetitIR and$vex`1 disability that requires special needs, please advise the City Secretary's Offit 48:11 �s%'tn advance at 817-748-8016 and reasonable accommodations will be made to ass�lgtsyrouw"' I I I I I C C I 416W City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork Cityof Southlake e City Council meeting agenda April 7,2009 Page 6 of 7 4w 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. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004. 2. Michael Kenny vs. City of Southlake. April 2008. 3. Jayson Steele vs. City of Southlake. August 2008. 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. Cu, 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. 4-• City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork Cit y of S outhlake City Council meeting agenda April 7,2009 Page 7 of 7 1 •.. Section 418.183(f): 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 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 Ellw contain such sensitive information. I I C I C C City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork