2009-01-06 CC Packet I
II
CITY OF
I we 0 SOUTHLAKE
TEXAS
II REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 6, 2009
ILOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
ICITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern John Terrell
Deputy Mayor Pro Tern Gregory Jones (arrived at 5:38 p.m.) and Councilmembers
Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon Stansell (arrived at 5:44
Ip.m.).
CITY COUNCIL ABSENT: None.
I STAFF PRESENT: CityManager
a ager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
IManager Alison Ortowski, Community Relations Officer Pilar Schank, Information
Systems Technician Vicky Roche, Interim Director of Community Services Chris Tribble,
Deputy Director of Community Services Kerry McGeath, Director of Economic
it Development Greg Last, Economic Development Specialist Ashley Stathatos, Director
Iliw of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Alternate
Municipal Judge Gary Lee Hach, Director of Human Resources Kevin Hugman, Director
I of Planning and Development Services Ken Baker, Planner II Clayton Comstock, Chief
of Police Services Robert Finn, Deputy Chief of Fire Services Bryan Thomas, Director of
I Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Public
Works Operations Manager Chuck Kendrick, City Attorney Tim Sralla, and City
Secretary Lori Payne.
IWORK SESSION:
I Agenda Item No. 1. Call to order. The work session was called to order by Mayor
Wambsganss at 5:10 p.m.
I Agenda Item No. 2. Invocation. Assistant City Manager Ben Thatcher gave the
invocation. Mayor Wambsganss led the pledge of allegiance.
I Agenda Item No. 3. Subdivision Analysis Presentation. Planner Comstock presented
this item to Council. Council discussed this request and asked questions of staff.
I Agenda Item No. 4. Bicentennial Park project. Interim Director Tribble presented this
item to Council. The Council discussed options regarding fencing and batting cages.
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REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 6, 2009
Page 1 of 8
Agenda Item No. 5. Discuss all items on tonight's meeting agenda. City Council
reviewed the consent agenda items with city staff. The following agenda items were
added to the consent agenda: to table items 6B and 6C at the applicant's request, to
table items 6E and 6F at the applicant's request, and item 9A.
Mayor Wambsganss closed the work session at 5:47 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:47 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
Section 551.071, seek advice from the city attorney, and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 5:47 p.m.
Executive Session began at 6:15 p.m. and ended at 6:49 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:02 p.m. and asked if any action was necessary from Executive Session. No action
was necessary.
Agenda Item No. 3A1. Mayor's Report - update of upcoming meetings and events.
Mayor Wambsganss announced upcoming meetings and events.
Agenda Item No. 3B1. City Manager's Report — Fort Worth Star-Telegram editorial. City
Manager Yelverton presented this item to Council.
Agenda Item No. 3C1. Parks and Recreation Board Report — update of upcoming
meetings and events. John Slocum presented this item to Council.
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 December 16, 2008 regular City
Council meeting. The minutes were approved as presented.
Agenda Item No. 4B. Ordinance No. 951, 1st Reading, Amend Chapter 2,
"Administration," of the Southlake City Code, as amended, to establish the Department
of Information Technology to be headed by the Director of Information Technology. A
presentation was not made on this item.
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Agenda Item No. 4C. Resolution No. 08-063, Authorize acquisition of right-of-way for a
30-inch water line adjacent to F.M. 1938. A presentation was not made on this item.
'r Council approved this item with the guidelines as discussed with staff in executive
session. 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,
RATIFYING ANY RIGHT-OF-WAY PURCHASES MADE TO DATE FOR THE F.M.
1938 PROJECT AND AUTHORIZING STAFF TO TAKE ALL APPROPRIATE ACTIONS
TO ACQUIRE REMAINING RIGHT-OF-WAY NECESSARY FOR THE
ACCOMPANYING IMPROVEMENTS INCLUDING A 30-INCH WATER LINE AND
SIDEWALK.
Agenda Item No. 4D. Approve deferral of construction of a sidewalk required on Lot 13,
Block 1, Stratfort Gardens located at 325 Edinburgh Court and allow funds to be
escrowed for the future construction. A presentation was not made on this item.
Agenda Item No. 4E. ZA07-144, Site Plan for Lot 1, Players Circle on property g being
legally described as Lot 1, Block 1, Players Circle Addition and being located at 1901
West Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN
Neighborhood #16. The applicant requested to table this item to the January 20, 2009
City Council meeting.
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Agenda Item No. 6B. ZA08-080, Site Plan for Southlake Regional Medical Center on
property being legally descri gbed as the remainder of Block 1, Brightbill Addition, and
being Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers Survey, Abstract No. 300. The
property is located at 440 East Highland Street and 335 East State Highway 114.
Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #11. The
applicant requested to table this item to the January 20, 2009 City Council meeting.
Agenda Item No. 6C. ZA08-104, Plat Revision for Lots 1-5, Block 1, Southlake Regional
Medical Center being a replat of property currently described as the remainder of Block
1, Brightbill Addition, and being Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers
Survey, Abstract No. 300 and being located at 440 East Highland Street and 335 East
State Highway 114. Current Zoning: S-P-2 Generalized Site District. SPIN
Neighborhood #11. The applicant requested to table this item to the January 20, 2009
City Council meeting.
Agenda _ nd
ge da Item No. 6E. Ordinance No. 480 578, 2 Reading (ZA08_075), Zoning Change
and Development Plan for Ridgeview at Southlake being Tracts 2A, 2A1, 2A5C, and
2A6, W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and 1C, Thomas J. Thompson
Survey, Abstract No. 1502, and located at 505, 507, 511, 515, and 519 Davis
Boulevard. Current Zoning: AG Agricultural District, S-P-1 Detailed Site Plan District,
and SF-20A Single Family Residential District. Proposed Zoning: TZD Transition Zoning
District. SPIN Neighborhood #16. The applicant requested to table this item to the
February 3, 2009 City Council meeting.
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REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 6, 2009
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.►L Agenda Item No. 6F. ZA08-102, Preliminary Plat for Ridgeview at Southlake being
Tracts 2A, 2A1, 2A5C, and 2A6, W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and
1C, Thomas J. Thompson Survey, Abstract No. 1502, and located at 505, 507, 511,
515, and 519 Davis Boulevard. Current Zoning: AG Agricultural District, S-P-1 Detailed
Site Plan District, and SF-20A Single Family Residential District. Proposed Zoning: TZD
Transition Zoning District. SPIN Neighborhood #16. The applicant requested to table
this item to the February 3, 2009 City Council meeting.
Agenda Item No. 9A. Award contract to Triple D, Inc. in the amount of$371,460, for the
replacement of three high pressure plane pumps at Southiake Pearson Pump Station.
Director Price presented this item to Council during the work session.
Motion was made to approve consent agenda items 4A; 4B; 4C with the guidelines as
discussed with staff in executive session; 4D; 4E to table at the applicant's request to
the January 20, 2009 City Council meeting; 6B and 6C to table at the applicant's
request to the January 20, 2009 City Council meeting; 6E and 6F to table at the
applicant's request to the February 3, 2009 City Council meeting; and to approve 9A.
Motion: Muzyka
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Et Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 5. Pu
blic ublic Forum.
Mayor Wambsganss opened the public forum.
Lizzie Kemins, 605 West Highland Street, Southiake, Texas presented information for
her Girl Scout Cadette Silver Project for a proposed recycling program in Bob Jones
Park.
Mayor Wambsganss closed the public forum.
Agenda Item No. 6A. Ordinance No. 949, 2nd Reading, Appoint an alternate municipal
judge: Mayor Wambsganss introduced this item. Council reappointed Gary Lee Hach as
alternate municipal judge for a two year term beginning February 1, 2009. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE APPOINTING AN ALTERNATE MUNICIPAL JUDGE AND
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE
ALTERNATE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE.
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No one spoke during the public forum.
II ' Motion was made to approve Ordinance No. 949, 2nd Reading, Appoint an alternate
municipal judge to reappoint Gary Lee Hach as alternate municipal judge for a two year
term beginning February 1, 2009.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6D. Ordinance 480-312a, 2nd Reading (ZA08-100), Zoning Change
and Site Plan for Southlake Boulevard Presbyterian Church on property being described
as Lots 3 and 14, Block 6, Southridqe Lakes Addition and being located at 1452 West
Southlake Boulevard and 1470 Corporate Circle. Current Zoning: CS Community
Service District and C3 General Commercial District. Requested Zoning: CS Community
Service District. SPIN Neighborhood #13. Mayor Wambsganss introduced this item. 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
[(taw WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT
14, BLOCK 6, SOUTHRIDGE LAKES ADDITION, BEING APPROXIMATELY 0.984
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"C3" GENERAL COMMERCIAL DISTRICT TO "CS" COMMUNITY SERVICE
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.
No one spoke during the public hearing.
Motion was made to approve Ordinance 480-312a, 2nd Reading (ZA08-100), Zoning
Change and Site Plan for Southlake Boulevard Presbyterian Church granting the
requested variances and subject to Site Plan Review Summary No. 4, dated December
9, 2008.
L -Qv Motion: Stansell
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 6, 2009
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Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
�► Nays: None
Approved: 7-0
Agenda Item No. 7A. Ordinance No. 952, 1st Reading, Approve a ban of the use of
handheld wireless communication devices in active school zones. Chief Finn presented
this item to Council. Council asked questions of Chief Finn and discussed this request.
Mayor Wambsganss read a comment card from John Thane, 2600 South Quail Run
Court, Southlake, Texas that was in support.
Motion was made to approve Ordinance No. 952, 1st Reading, Approve a ban of the use
of handheld wireless communication devices in active school zones.
Motion: Hill
Second: Terrell
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 8A. Resolution No. 08-050, a Adopt policywhich
p c establishes an
economic incentive program encouraging connection in a timely manner to the city's
waste water system that has been constructed via the neighborhood sewer program
and/or a developer constructed project and providing for an effective date. Director
Price presented this item to Council. Council asked Director Price questions and
discussed this request. In accordance with Section 4.21 of the City Charter, the caption
for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS
ADOPTING A POLICY WHICH ESTABLISHES AN ECONOMIC INCENTIVE
PROGRAM ENCOURAGING CONNECTION IN A TIMELY MANNER TO THE CITY'S
WASTE WATER SYSTEM THAT HAS BEEN CONSTRUCTED VIA THE
NEIGHBORHOOD SEWER PROGRAM AND/OR DEVELOPER CONSTRUCTED
PROJECT AND PROVIDING AN EFECTIVE DATE.
Motion was made to approve Resolution No. 08-050, Adopt a policy which establishes
an economic incentive program encouraging connection in a timely manner to the city's
waste water system that has been constructed via the neighborhood sewer program
and/or a developer constructed project and providing for an effective date as staff
presented.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
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REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 6, 2009
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Agenda Item No. 9B. Consider SP08-199, Conditional Sign Permit for East Southlake
#2 LTD located at 910 East Southlake Boulevard. Director Baker presented this item to
.rr Council. Applicants Skip Blake of Blake Architects, Dr. Angelo Mendes and Dr. Mark
Mason answered Council's questions. Council discussed this request.
Motion was made to approve SP08-199, Conditional Sign Permit for East Southlake #2
LTD located at 910 East Southlake Boulevard noting applicant's agreement that the
letters and signs will be identical in look in terms of color and font to the signage on the
adjacent building; requiring a maximum letter height of 10-inches on one line or 8-
inches on two lines; requiring the rules and regulations to apply to all other signage on
the building; and otherwise, as presented.
Motion: Terrell
Second: Jones
Ayes: Jones, Muzyka, Terrell, Wambsganss
Nays: Hill, Muller, Stansell
Approved: 4-3
Agenda Item No. 9C. Consider SP08-268, Variance to Sign Ordinance No. 704-C for
Scooter's Chevron located at 2150 East State Highway 114. Director Baker presented
this item to Council. Applicant Tommy Bell, 4250 Action Drive, made a presentation and
answered Council's questions. Council discussed this request. After discussion, Mr. Bell
asked to table this item to allow time to further evaluate the proposal.
Motion was made to table SP08-268 Variance to Sign Ordinance No. -�, 704 C for
Scooter's Chevron located at 2150 East State Highway 114 to the January 20, 2009
City Council meeting.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Tabled: 7-0
Agenda Item -ge da No. 9D. Consider SV08 001, Variance to Sign Ordinance No. 704-C for
North Country Office Building located at 1050 East State Highway 114. Director Baker
presented this item to Council. Applicants Aaron Harris with Integrity Development and
Dan Vance with Pannatoni Construction answered Council's questions. Council
discussed this request.
Motion was made to approve SV08-001, Variance to Sign Ordinance No. 704-C for
North Country Office Building located at 1050 East State Highway 114 granting the
requested variances; noting the applicant's agreement that there will not be any tenant
signs on the taller monument sign with the only signage on that taller monument being
the North Country sign as shown in the exhibit; accepting the applicant's agreement to
limiting the building signs to two entrance signs; the applicant will provide and install the
Southlake logo on the taller of the monument signs with staff's review and approval of
ifte the logo.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 6, 2009
Page 7 of 8
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Motion: Terrell
Second: Hill
'mPv Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss announced City Council would be going into Executive Session
pursuant to the Texas Government Code, Section 551.071, seek advice from the city
attorney, and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 8:53 p.m.
Executive Session began at 9:00 p.m. and ended at 9:48 p.m.
Mayor Wambsganss reconvened the regular meeting at 9:49 p.m. and asked if any
action was necessary from Executive Session. No action was necessary.
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
9:49 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Andy Wambsganss
Mayor
ATTEST: - >>ra,.,,^
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Lori Payne, TRMC
City Secretary '•
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REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 6, 2009
Page 8 of 8
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outhlake City Council meeting ")
Public Comment Form
Please print. Return completed form to City Secretary prior to start of regular session.
Name: t--r Z �N(i.NS y-TH G (ate C Date: J 60 (or
Address: 67 05 £&L �-F; � la foot S+ S[ DC Phone: 8 17 'la 4- 3 /(/
I wish to share my views on an Agenda Item:
Agenda Item#
I will speak in SUPPORT of this item
I will speak in OPPOSITION to this item
I do not wish to speak, but please record my
��/ SUPPORT OPPOSITION
U I wish to speak during Public Forum on an item not on tonight's agenda
Topic: i r 1 Sc o, Co, de f f S� (u c.r' PC o:.) y c.l r%uy
Note: To allow everyone an opportunity to be heard,please limit your comments to 3 minutes.
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Name: /4 r1 i'vl fiP,Gt Date: 1- ' d
Address: Lt X. S G A C 'VI c,,,) Di Phone: 5)A •G d / • •06
LJ I wish to share my views on an Agenda Item:
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Note: To allow everyone an opportunity to be heard,please limit your comments to 3 minutes.
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Description City Council meeting - Mayor, Terrell, Muzyka, Hill, Muller, Jones arrived at 5:38,
Stansell arrived at 5:44
114av Date 1/6/2009 Location Southlake Council Chambers :•
i
City Council meeting - Mayor, Terrell, Muzyka, Hill, Muller, Jones ESouthlake Council Chambers
ETime Speaker Note
5:10:38 PM Mayor called the regular meeting to order and opened the work
L ,.....,
5:12:23 PM Assistant City gave the invocation
Manager Ben
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Thatcher
5:12:30 PM Mayor led the pledge of allegiance •
5:12:31 PM Planner Clayton presented information on item 3 on the subdivision analysis
If Comstock ,
5:16:48 PM Councilmember asked why there are some missing subdivisions, method of
Muller chosing certain subdivisions over other subdivisions
1 1
5:19:05 PM Director Chris presented information on item 4 on the Bicentennial Park
Tribble project -decisions on fencing and batting cages
C 5:36:26 PM Mayor summarized discussion - bring back next time as a consent
agenda item -with prices for 8' and 10' board on board and
precast concrete - agreed with moving batting cages to new
B location
5:38:03 PM Councilmember arrived .
Jones
5:38:35 PM Mayor reviewed consent agenda items - 4a, 4b, 4c, 4d, 4e tabled to
January 20, and adding items 6b and 6c to table to January 20,
and tabling items 6e and 6f to February 3, and 9a
5:39:45 PM Director Bob Price answered Muller's question relating to increase in construction
1E'liw
costs of sidewalk relating to item 4d
i5:41:49 PM Director Price presented item 9a to Council
5:44:23 PM Stansell arrived .,•
I 5:47:09 PM Mayor
5:47:22 PM Mayor moved item 9a to consent
ended work session and opened the regular session
5:47:38 PM Mayor called for an executive session and closed the meeting
I 7:02:18 PM Mayor
7:02:27 PM Mayor reconvened the meeting
read through upcoming meetings and events
7:02:55 PM City Manager Shana discussed an editorial from the Star Telegram •
I Yelverton
7:04:17 PM John Slocum gave Parks and Recreation Board report on upcoming
meetings and events
I 7:07:55 PM Mayor asked Mr. Slocum to discuss the considerations being made
for the late Frank Cornish
7:09:55 PM Muller said she would like some recognition of the late Carl Casner
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City Council meeting - Mayor, Terrell, Muzyka, Hill, Muller, Jones CSouthlake Council Chambers
Time Speaker Note
7:10:13 PM Mayor read consent agenda items into the record for approval -4a,
1. 4w 4b, 4c as discussed in executive session, 4d, 4e to table at the
applicant's request to January 20, 6b and 6c to table at the
applicant's request to January 20, 6e and 6f to table at the •
applicant's request to February 3, and adding item 9a
7:12:17 PM Muzyka motion to approve consent agenda
IC7:12:24 PM Hill second - call of votes approved consent agenda 7-0 (electronic
°
voting would not work)
7:14:16 PM public forum opened
7:14:29 PM Liz Kemins spoke regarding recycling in Bob Jones Park
p 9 9 Y 9
7:17:19 PM public forum closed
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7:17:23 PM Mayor introduced item 6a to Council - no presentation by staff
7:17:42 PM public hearing no one spoke
C7:17:49 PM Terrell motion to approve item 6a
7:17:51 PM Jones second - call of votes approved 7-0 (electronic voting would not
work)
7:18:55 PM Mayor introduced item 6d - no presentation by staff
3
7:19:03 PM public hearing no one spoke
7:19:11 PM Stansell motion to approve item 6d
kr
7:19:30 PM Hill second - call of votes 7-0 approved 6d (electronic voting would
not work)
7:20:16 PM Chief Robert Finn presented item 7a to Council
7:27:10 PM Council discussed this item - various options, start date, probationary
period -the week after Spring Break, signage, communication
of procedure - Council agreed the ordinance will be effective
once it is approved and published but police will not issue
tickets until the week following spring break
7:37:48 PM Mayor read public comment form from John Thane of CISD board - in I
support
7:38:14 PM Hill motion to approve item 7a (recorded vote electronically)
7:38:29 PM Terrell second - approved 7-0
7:39:06 PM Director Price presented item 8a to Council
7:44:51 PM Terrell motion to approve item 8a as presented •
7:45:06 PM Muzyka second - approve 8a 7-0 i
II7:45:33 PM Ken Baker presented item 9b to Council - Mendes sign request
7:48:00 PM Council discussed this request
7:48:44 PM Skip Blake of Blake introduced Dr. Mendes and Dr. Mason
Architects •
7:49:26 PM Dr. Mendes addressed Council regarding this request a
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City Council meeting - Mayor, Terrell, Muzyka, Hill, Muller, Jones ESouthlake Council Chambers
Time Speaker Note
7:53:43 PM Dr. Mark Mason addressed Council regarding this request
L41, 7:55:40 PM Mr. Blake addressed sign issues for doctor's
8:03:25 PM Council discussed number of signs being requested, sizes of letters,
monument sign
8:06:32 PM Stansell said he would like to review the ordinance regarding monument'
signs
8:09:08 PM Mayor restated applicant's agmt -
8:09:18 PM Terrell motion to approve item 9b - noting app agmt for letters and
signs will be identical to adjacent bldg, max 10 on one line, and
8 inch on two lines, and regulations will apply to other signs on
the bldg
8:10:29 PM Jones second - approved 4-3 (Hill, Muller, Stansell voted no)
I 8:11:06 PM Ken Baker presented item 9c to Council
8:13:40 PM applicant Tommy presented this item and answered questions
Bell
I 8:15:26 PM Council discussed this request - discussed LED versus white, yellow ,
harsh lights, florescent lights, gave applicant direction, Council
wants to drive by a station that is lit exactly how the applicant is
I
proposing
8:23:41 PM Mr. Bell asked to table to allow time to evaluate proposal
8:24:06 PM Terrell motion to table item 9c
cloy 8:24:08 PM Jones second -tabled 7-0
8:24:44 PM Ken Baker presented item 9d to Council
8:29:56 PM Council discussed the sign request 3
8:33:40 PM Applicant Aaron answered questions about his request - committed right now to
Harris one sign per entrance on the building itself
8:44:49 PM Mayor app agmt to limiting per size per ordinance one sign per
Centrance on the building right above the barrel vault on the first '
floor
8:52:04 PM Applicant Dan gave his name for the record
Bands with
Pannatoni
Construction
I8:52:39 PM Terrel motion to approve item 9d granting requested variance and
noting app agmt their will not be any tenant signs on the taller
monument, and limiting the bldg signs to two entrance signs
and app will provide Southlake logo on the taller monument
subject to staff approval and applicant installation
8:53:40 PM Hill second -approved 7-0
8:53:47 PM Mayor called for another executive session
9:49:00 PM Mayor reconvened the meeting
9:49:06 PM Mayor adjourned meeting
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1/6/2009 4 of 4
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6000 WESTERN PLACE,SUITE 200 Taylor'Olson Adkins Sra1laElam TELEPHONE:(817)332-2580
I-30 AT BRYANT-IRVIN ROAD ' .LP TOLL FREE:(800)318-3400
FORT WORTH,TEXAS 76107-4654 `£" FACSIMILE:(817)332-4740
.MAIL:TOASE@TOASE.COM Attorneys Counselors WEBSITE:WWW.TOASE.COM
L .
TIM G.SRALLA Certified Civil Appellate Law Specialist
extension 228 Texas Board of Legal Specialization
tsralla@toase.com
CJanuary 6, 2009
CCONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE
VIA HAND DELIVERY
CMayor and City Councilmembers
City of Southlake
1400 Main Street
Southlake, Texas 76092
Re: Legality of Executive Session Posting
II
Dear Mayor and Councilmembers:
Etiby 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),
C 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
ICAttorney 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
Cmembers.
3. Section 551.087: Deliberation regarding, economic development
ll 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
L411W in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of
C
January 6, 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. June G. Thrash vs. City of Southlake, et al. January 2008.
3. Michael Kenny vs. City of Southlake. April 2008
4. 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.
Section 551.073: Deliberation regarding prospective gift or donation. The CityCouncil
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(f0: 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.
L yew
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January 6, 2009
Page 3
41111/
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.
c
incerel
Tim G. Sralla
TGS/as
11 cc: Ms. Shana Yelverton
City of Southlake
1400 Main Street
Suite 460
Southlake, Texas 76092
Ms. Lori Payne
City of Southlake
1400 Main Street
Suite 270
Southlake, Texas 76092
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u CITY OF
La.' T EX
SOASUTH LAKE
C REGULAR CITY COUNCIL MEETING: JANUARY 6, 2009
f LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:00 P.M.
1. Call to order.
2. Invocation: Margy Gore, Chaplain of the Month
3. Subdivision Analysis Presentation
C 4. Bicentennial Park project
5. 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
kw1. Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
I 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 551.087: Deliberation regarding economic
I development negotiations
a. Economic incentives for businesses.
IB. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
B. City Manager's Report
1. Fort Worth Star-Telegram editorial
C. Parks and Recreation Board Report
1. Update of upcoming meetings and events
L ft-
City of Southlake values:
IIntegrity♦ Innovation •Accountability• Commitment to Excellence ♦ Teamwork
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City of Southlake
City Council meeting agenda
January 6, 2009
Page 2 of 6
a.. 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 December 16, 2008 regular City Council
meeting.
B. Ordinance No. 951, 1st Reading, Amend Chapter 2, "Administration," of
the Southlake City Code, as amended, to establish the Department of
Information Technology to be headed by the Director of Information
Technology. (If approved on first reading, a public hearing will be held on
January 20, 2009.)
C. Resolution No. 08-063, Authorize acquisition of right-of-way for a 30-inch
water line adjacent to F.M. 1938.
D. Approve deferral of construction of a sidewalk required on Lot 13, Block 1,
Stratfort Gardens located at 325 Edinburgh Court and allow funds to be
escrowed for the future construction.
E. ZA07-144, Site Plan for Lot 1, Players Circle on property being legally
described as Lot 1, Block 1, Players Circle Addition and being located at
1901 West Southlake Boulevard. Current Zoning: C3 General Commercial
District. SPIN Neighborhood #16. THE APPLICANT HAS REQUESTED
TO TABLE THIS ITEM TO THE JANUARY 20, 2009 CITY COUNCIL
MEETING.
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.)
6. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 949, 2nd Reading, Appoint an alternate municipal judge.
PUBLIC HEARING
B. ZA08-080, Site Plan for Southlake Regional Medical Center on property
being legally described as the remainder of Block 1, Brightbill Addition,
and being Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers Survey,
Abstract No. 300. The property is located at 440 East Highland Street and
335 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan
LDistrict. SPIN Neighborhood #11. PUBLIC HEARING
City of Southlake values:
Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
January 6, 2009
Page 3 of 6
..rr
C. ZA08-104, Plat Revision for Lots 1-5, Block 1, Southlake Regional Medical
Center being a replat of property currently described as the remainder of
Block 1, Brightbill Addition, and being Tracts 3E1A, 3E1B and 3E1C,
Larkin H. Chivers Survey, Abstract No. 300 and being located at 440 East
Highland Street and 335 East State Highway 114. Current Zoning: S-P-2
Generalized Site District. SPIN Neighborhood #11.
D. Ordinance 480-312a, 2"d Reading (ZA08-100), Zoning Change and Site
Plan for Southlake Boulevard Presbyterian Church on property being
described as Lots 3 and 14, Block 6, Southridge Lakes Addition and being
located at 1452 West Southlake Boulevard and 1470 Corporate Circle.
Current Zoning: CS Community Service District and C3 General
Commercial District. Requested Zoning: CS Community Service District.
SPIN Neighborhood #13. PUBLIC HEARING
E. Ordinance No. 480-578, 2nd Reading (ZA08-075), Zoning Change and
Development Plan for Ridgeview at Southlake being Tracts 2A, 2A1,
2A5C, and 2A6, W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and
1C, Thomas J. Thompson Survey, Abstract No. 1502, and located at 505,
Ch 507, 511, 515, and 519 Davis Boulevard. Current Zoning: AG Agricultural
District, S-P-1 Detailed Site Plan District, and SF-20A Single Family
lbw Residential District. Proposed Zoning: TZD Transition Zoning District.
SPIN Neighborhood #16. PUBLIC HEARING
F. ZA08-102, Preliminary Plat for Ridgeview at Southlake being Tracts 2A,
2A1, 2A5C, and 2A6, W.R. Eaves Survey, Abstract No. 500 and Tracts 1
and 1 C, Thomas J. Thompson Survey, Abstract No. 1502, and located at
505, 507, 511, 515, and 519 Davis Boulevard. Current Zoning: AG
Agricultural District, S-P-1 Detailed Site Plan District, and SF-20A Single
Family Residential District. Proposed Zoning: TZD Transition Zoning
District. SPIN Neighborhood #16.
7. Ordinances, first readings, and related items:
A. Ordinance No. 952, 1st Reading, Approve a ban of the use of handheld
wireless communication devices in active school zones. (If approved on
first reading, a public hearing will be held on January 20, 2009.)
8. Resolutions:
A. Resolution No. 08-050, Adopt a policy which establishes an economic
incentive program encouraging connection in a timely manner to the city's
waste water system that has been constructed via the neighborhood
L. A--
City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
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City of Southlake
City Council meeting agenda
January 6, 2009
Page 4 of 6
sewer program and/or a developer constructed project and providing for
an effective date.
9. Other items for consideration:
A. Award contract to Triple D, Inc. in the amount of $371,460, for the
replacement of three high pressure plane pumps at Southlake Pearson
Pump Station.
B. Consider SP08-199, Conditional Sign Permit for East Southlake #2 LTD
located at 910 East Southlake Boulevard.
C. Consider SP08-268, Variance to Sign Ordinance No. 704-C for Scooter's
Chevron located at 2150 East State Highway 114.
D. Consider SV08-001, Variance to Sign Ordinance No. 704-C for North
Country Office Building located at 1050 East State Highway 114.
10. Other items for discussion: (There are no items on this agenda.)
C11. Meeting adjourned.
�rr 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,,,, nl��a.ry 2, 2009, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter .jjh`N,,,,,,
UV &JO)
f • •
Lori-Payne, TRMC Tara 13roo ks `'' •
ca-
`,"ay SeCILapi- tepulyii,,*'fir ,,,,,,,
If you plan to attend this public meeting 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.
C
City of Southlake values:
Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
January 6, 2009
Page 5 of 6
i -v 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. June G. Thrash vs. City of Southlake, et al. January 2008.
3. Michael Kenny vs. City of Southlake. April 2008.
4. 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.
Ca Section 551.073: Deliberation regarding prospective gift or donation
iiv 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.
L 44-
City of Southlake values:
Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork
me
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City of Southlake
City Council meeting agenda
January 6, 2009
Page 6 of 6
Vwf
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
contain such sensitive information.
L go-
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City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
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`or'
STATE OF TEXAS §
CITY OF SOUTH LAKE §
CERTIFIED AGENDA
CITY COUNCIL
I, Mayor Andy Wambsganss, CITY OF SOUTHLAKE, TEXAS, HEREBY CERTIFY AS FOLLOWS:
1. That notice of an executive session in accordance with Chapter 551 of the Texas Government
Code was duly posted along with the Regular Agend oar the Ir(o-o'Y , City Council
meeting on 1-2.-01 , by Co '•Ob a.m. y
2. That t - City Council convened in executive session on 1-"10'0 I , at
a.m.47 ith the following Councilmembers and staff members present:
Mayor Andy Wambsganss Shana Yelverton, City Manager
John Terrell Jim Blagg, Assistant City Manager
Virginia M. Muzyka Ben Thatcher, Assistant City Manager
Laura K. Hill Lori Payne, City Seta
Greg Jones City Attorney ( I 64k_ fa( (&_
Vernon Stansell Other staff members:
Pamela Muller
3. That the matters discussed by the City Council/w�erre as follows:
(1) I�CO vt0044 G I ncevl-f iVeS -CU 1.-1' e5- eat r i( (O✓v Jro eC4"
I
Other staff members present for (1):6(e&) Loi gblo Price, 14,4k
►
Ado(,e) )Pc1e.j6tata-(v56 (Y er
Other staff members present for (2):
(3)
Other staff members present for (3):
(4)
Other staff members present for (4):
(5)
Other staff members present for (5):
4. No formal action was taken by the Council during executive session.
5. That the executive session ended on Po-D9 at 41 I (15 a.m./Cm?
Lori Payne Andy Wambsganss
City Secretary Mayor
N:\City Secretary\Forms\certified agenda 2008.doc
IWO W
STATE OF TEXAS §
CITY OF SOUTHLAKE §
CERTIFIED AGENDA
CITY COUNCIL
I, Mayor Andy Wambsganss, CITY OF SOUTHLAKE, TEXAS, HEREBY CERTIFY AS FOLLOWS:
1. That notice of an executive session in accordance with Chapter 551 of the Texas Government
Code was duly posted along with the Regular Agenda •r the (-(p-O I , City Council
meeting on 1-a-Oct , by to 00 a.m./111,
2. That t ity Council convened in executive session on (-(o-OR , at (o (S ,
a.m.l�hith the following Councilmembers and staff members present:
Mayor Andy Wambsganss Shana Yelverton, City Manager
John Terrell Jim Blagg, Assistant City Manager
Virginia M. Muzyka Ben Thatcher, Assistant City Manager
Laura K. Hill Lori Payne, City Secretary.
Greg Jones City Attorney Twt S rau ((4.
Vernon Stansell Other staff members:
Pamela Muller
3. That the matters discussed by the City Council were as follows:
(1) ATaat_I-('ewt4C) Pes. DS-t% Q( iul: om 6r Fri4
Other staff members present for (1): 60 L' Pam, iga..kee-)6-Drdu.t_ erj
(2) A e Si4 )As.os-Oco) 6‘itattt, a,,ti �e L vn " u.(
Other staff members present r (2):
(3)
Other staff members present for (3):
(4)
Other staff members present for (4):
(5)
Other staff members present for (5):
4. No formal action was taken by the Council during executive session.
5. That the executive session ended on 1 -09 at (.0'WI a.m.CD
I
Lori Payne Andy Wam sganss
City Secretary Mayor
N:\City Secretary\Forms\certified agenda 2008.doc