2009-03-03 CC Packet C
CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: MARCH 3, 2009
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem John Terrell,
Deputy Mayor Pro Tem Gregory Jones and Councilmembers Laura K. Hill, Pamela
Muller, Virginia M. Muzyka, and Vernon Stansell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of
Community Services Chris Tribble, Deputy Director of Community Services Kerry
McGeath, Recreation Superintendent Steve Moore, Director of Economic Development
Greg Last, Economic Development Specialist Ashley Stathatos, Director of Finance
Ek Sharen Jackson, Assistant Director of Finance Sean Leonard, Teen Court Coordinator
Kristin White, Director of Human Resources Kevin Hugman, SQL Database
Administrator Sam Cobb, Information Systems Technician Vicky Roche, Director of
Planning and Development Services Ken Baker, Deputy Director of Planning and
Development Services Dennis Killough, Chief of Police Services Robert Finn, Chief of
Fire Services Mike Starr, Director of Public Works Robert H. Price, Deputy Director of
Public Works Gordon Mayer, Civil Engineer Cheryl Taylor, Public Works Operations
Manager Chuck Kendrick, City Attorney E. Allen Taylor, and City Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor
Wambsganss at 5:14 p.m.
Agenda Item No. 2. Invocation. Assistant City Manager Thatcher gave the invocation.
Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 3. Discussion of a business retention and expansion strategic plan for
the City of Southlake. Director Last presented this item to Council and answered their
questions.
Agenda Item No. 4. Discuss all items on tonight's meeting agenda. City Council
reviewed the consent agenda items with city staff. Item 9D was added to the consent
Lagenda.
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Mayor Wambsganss closed the work session at 6:16 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:16 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; Section 551.072, deliberation
regarding real property; Section 551.074, deliberation regarding personnel matters; and
Section 551.087, deliberation regarding economic development negotiations. City
Council adjourned for Executive Session at 6:16 p.m.
Executive Session began at 6:47 p.m. and ended at 7:40 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:48 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.
Et Mayor Wambsganss announced upcoming meetings and events.
lbw Agenda Item No. 3B1. City Manager's Report— financial report. City Manager Yelverton
presented this item to Council.
Agenda Item No. 3C. Local Business Report. Specialist Stathatos introduced Jeff
Robinson of Macaux Floral who introduced his business 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 February 17, 2009 regular City Council
meeting and from the February 18, 2009 City Council Strategy Session. The minutes
were approved as presented.
Agenda Item No. 4B. Cancel or reschedule the March 17, 2009 City Council meeting.
City Council discussed this item during the work session and decided to cancel the
March 17, 2009 City Council meeting.
Agenda Item No. 4C. Excuse a City Council member for absences from meetings.
Council excused Deputy Mayor Pro Tern Jones' absences from the February 3, 2009
and February 17, 2009 City Council meetings due to being out of town on business.
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Agenda Item No. 4D. Award construction contract for water and sanitary sewer
relocations on F.M. 1709 to Barson Utilities, Inc., in the amount of $502,832.75 and
..r authorize construction phase contingencies. A presentation was not made on this item.
Agenda Item No. 4E. Award construction contract for paving and water system
improvements for Highland Street (Shady Oaks Drive to State Highway 114) and paving
improvements to serve Woodland Heights to Municipal Construction, Inc., in the amount
of $922,253.73 and authorize construction phase contingencies. A presentation was not
made on this item.
Agenda Item No. 4F. Approve a professional services agreement for engineering design
services for segments B, C, D, and E of the North Water Supply Pipeline Project with
Freese and Nichols, Inc. in the amount of $522,070. A presentation was not made on
this item.
Agenda Item No. 4G. Approve a third amendment to the interlocal agreement with
Tarrant County for allocation of Tarrant County bond funds being provided in
conjunction with the F.M. 1938 project. A presentation was not made on this item.
Agenda Item No. 4H. Approve an interlocal agreement with the City of Grapevine and
the City of Colleyville to fund the Metroport Teen Court. A presentation was not made
on this item.
Agenda Item No. 41. Resolution No. 09-010, Establishing a Southlake Business Council
(SBC); providing for appointments to the business council; and providing for an effective
date. 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, ESTABLISHING A
SOUTHLAKE BUSINESS COUNCIL (SBC) FOR THE CITY OF SOUTHLAKE;
PROVIDING FOR APPOINTMENTS TO THE BUSINESS COUNCIL; AND PROVIDING
AN EFFECTIVE DATE.
Agenda Item No. 4J. Consider SV08-001, Amendment to the Sign Variance for the
North Country Office Building Tower Monument Sign located at 1050 East State
Highway 114. Council discussed this item during the work session. Applicant Dan
Vance, 1221 Berkley, Grapevine, Texas with Pannatoni answered Council's questions.
Council approved this item providing that the lettering shown in the applicant's
presentation does not exceed eight inches in height.
Agenda Item No. 4K. 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 was
tabled to the April 7, 2009 City Council meeting.
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' Agenda Item No. 4L. 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, 3C1A, 3D, 3D1A and 3D6 in
the 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. This item
was tabled to the April 7, 2009 City Council meeting.
Agenda Item No. 9D. Consider a Community Events Participation Agreement with
GreenFellows, Inc. for the Southlake Green Day event. Mayor Wambsganss introduced
this item. Applicant Audra Lewondowski, 405 Indian Paintbrush Way, Southlake, Texas
of GreenFellows, Inc. presented this item to Council and answered questions during the
work session.
Motion was made to approve consent agenda items 4A as presented; 4B to cancel the
March 17, 2009 Council meeting; 4C to excuse Deputy Mayor Pro Tem Jones from the
February 2, 2009 and the February 17, 2009 Council meetings; 4D; 4E; 4F; 4G; 4H; 41;
4J providing that the lettering shown in the applicant's presentation does not exceed
eight (8) inches in height; 4K to table to the April 7, 2009 City Council meeting; 4L to
table to the April 7, 2009 City Council meeting; and to approve 9D.
Eft., Motion: Terrell
Second: Jones
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
one spoke during public forum.
Agenda Item No. 6A. Ordinance No. 480-343a, 2"d Reading (ZA08-112), Zoning
Change and Site Plan for Safety Town Park on property being described as Lot 3, Block
1, Corner Addition and being located at 2100 West Southlake Boulevard and 200 North
Randol Mill Avenue. Current Zoning: S-P-1 Detailed Site Plan District. Requested
Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #13. Director Baker
presented this item to Council in conjunction with item 6B. 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
3, BLOCK 1, CORNER ADDITION, BEING APPROXIMATELY 4.012 ACRES, AND
L .,.. MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1"
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DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT
USES LIMITED TO A PUBLIC SAFETY FACILITY WITH ASSOCIATED OUTSIDE
'r STORAGE TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY
SERVICE DISTRICT USES LIMITED TO A PUBLIC SAFETY FACILITY WITH
ASSOCIATED OUTSIDE STORAGE AND PUBLIC PARK TO INCLUDE A
CHILDREN'S SAFETY EDUCATION FACILITY, 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.
Mayor Wambsganss opened the public hearing.
Carolyn Morris, 403 St. Charles Court, Southlake, Texas, spoke in support.
Dianne Dorman, 100 Ascot Drive, Southlake, Texas stated several safety concerns.
EtChief Finn answered Council's questions and addressed concerns raised during the
"' public hearing.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480-343a, 2nd Reading (ZA08-112), Zoning
Change and Site Plan for Safety Town Park as presented.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6B. Plat Revision for Lots 3R1 and 3R2, Block 1, Corner Addition,
being a revision of Lot 3, Block 1, Corner Addition, being located at 2100 West
Southlake Boulevard and 200 North Randol Mill Avenue. Current Zoning: S-P-1
Detailed Site Plan District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #13. Director Baker presented this item to Council in conjunction with
item 6A.
Motion was made to approve Plat Revision for Lots 3R1 and 3R2, Block 1, Corner
Addition subject to Revised Plat Review Summary No. 3, dated February 25, 2009.
Motion: Terrell
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Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item 6C. ZA09-003, Site Plan for Panera Bread Bakery Café on property being
legally described as Lot 3, Block 1, Village Center Addition and being located at 2140
East Southlake Boulevard, Suite R. Current Zoning: C3 General Commercial District.
SPIN Neighborhood #8. Deputy Director Killough presented this item to Council in
conjunction with item 6D.
Mayor Wambsganss opened the public hearing.
Applicant Mark Ethrington, 701 Harvest Lane, St. Louis, Missouri, with Panera Bread
answered Council's questions.
Mayor Wambsganss closed the public hearing.
Council discussed this request.
Motion was made to approve ZA09-003, Site Plan for Panera Bread Bakery Café
granting requested variances but limiting the awnings to a single color being either the
Et purple or the green as discussed; to approve Option B; and as presented.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Muzyka, Stansell, Terrell, Wambsganss
Nays: Muller
Approved: 6-1
Agenda Item No. 6D. Consider SV09-001, Variance to Sign Ordinance No. 704-C for
Panera Bread Bakery Café #1367 located at 2140 East Southlake Boulevard, Suite R.
Deputy Director Killough presented this item to Council in conjunction with item 6C.
Applicant Mark Ethrington, 701 Harvest Lane, St. Louis, Missouri, with Panera Bread
answered Council's questions.
Council discussed this request.
Motion was made to approve SV09-001, Variance to Sign Ordinance No. 704-C for
Panera Bread Bakery Café #1367 located at 2140 East Southlake Boulevard, Suite R,
to approve Option B, and as presented.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Muzyka, Stansell, Terrell, Wambsganss
Nays: Muller
Approved: 6-1
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Agenda Item No. 7A. Ordinance No. 480-580, 1st Reading (ZA08-066), Zoning Change
L 'ax- 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. Deputy Director Killough presented this item to Council. Applicant Skip Blake of
Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas made a
presentation and answered Council's questions.
Motion was made to approve Ordinance No. 480-580, 1st Reading (ZA08-066), Zoning
Change and Site Plan for Brad Moss Dental Office granting requested variances as
presented by the applicant; subject to Site Plan Review Summary No. 4, dated February
13, 2009; providing a common access easement (over the driveways and extending to
the north and south boundaries); and requiring the applicant to bring back color
renderings at second reading.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7B. Ordinance No. 480-338a, 1st Reading (ZA08-116), Zoning Change
and Site Plan for Carroll Senior High School on property being described as Lot 1R,
%iv 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.
Director Baker presented this item to Council. Applicant Dr. Derek Citty, 3051 Dove
Road, Grapevine, Texas of Carroll ISD and Civil Engineer John Blacker answered
Council's questions.
Motion was made to approve Ordinance No. 480-338a, 1st Reading (ZA08-116), Zoning
Change and Site Plan for Carroll Senior High School granting 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 presented this evening.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss called for a break at 9:20p.m. and reconvened the meetingat 9:37
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Agenda Item No. 8A. Resolution No. 09-011, Appoint a member to the Planning and
Zoning Commission. Mayor Wambsganss introduced this item. In accordance with
�.. Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION AND
PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Resolution No. 09-011, Appoint a member to the Planning
and Zoning Commission to appoint Brigham A. McCown to a position with a term ending
May 2010.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muzyka, Stansell, Terrell, Wambsganss
Nays: Muller
Approved: 6-1
Agenda Item No. 8B. Resolution No. 09-012, Appoint an alternate member to the
Southlake Arts Council. Mayor Wambsganss introduced this item. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPOINTING AN ALTERNATE MEMBER TO THE SOUTHLAKE ARTS COUNCIL;
ko AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Resolution No. 09-012, Appoint an alternate member to
the Southlake Arts Council to appoint Carol Knox to an alternate position with a term
ending May 2010.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9A. Consider SV09-002, Variance to Sign Ordinance No. 704-C for
the Nail Palace located at 2125 West Southlake Boulevard, Suite 335. Director Baker
presented this item to Council. Applicant Rose Guarneri of Turner Sign Systems, 2830
North Beach Street, Haltom City, Texas answered Council's questions.
Council discussed this request.
wasmadeto denySV09-002 Variance to Sign Ordinance No. 704-C for the Nail
Motion
Palace located at 2125 West Southlake Boulevard, Suite 335.
Motion: Terrell
Second: Hill
LAN, Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
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Nays: None
Approved: 7-0 (to deny)
Agenda Item No. 9B. Consider SV09-003, Variance to the Sign Ordinance No. 704-C
for Southlake Town Square Grand Opening Sign located at the northeast corner of
North Carroll Avenue and Southlake Boulevard. Deputy Director Killough presented this
item to Council. Applicant Carla Chase, Marketing Director for Southlake Town Square,
1256 Main Street, Southlake, Texas answered Council's questions.
Council discussed various options regarding this request.
Motion was made to approve SV09-003, Variance to the Sign Ordinance No. 704-C for
Southlake Town Square Grand Opening Sign located at the northeast corner of North
Carroll Avenue and Southlake Boulevard stating that the permit expiration date be
extended for 30 days from the existing expiration date of March 2009.
Motion: Terrell
Second: Stansell
Ayes: Jones, Muzyka, Stansell, Terrell, Wambsganss
Nays: Hill, Muller
Approved: 5-2
Agenda Item No. 9C. Consider SV09-004, Variance to the Sign Ordinance No. 704-C
Etfor Lakes of La Paloma Addition Real Estate Signs. Director Baker presented this item
Now to Council. Applicant Jim Carlisle, 1106 La Paloma, Southlake, Texas made a
presentation and answered Council's questions.
Council discussed this request.
Motion was made to deny SV09-004, Variance to the Sign Ordinance No. 704-C for
Lakes of La Paloma Addition Real Estate Signs.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0 (to deny)
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
10:14 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Andy Wambsganss
Mayor
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Lori Payne, TRMC 1.'-
City Secretary v.
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Srouthlake City Council meeting
Public Comment Form
Please print. Return completed form to City Secretary prior to start of regular session.
Name: -( O1h foiTh Date:
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Address: t 0 0 psog -t- 1 J r ifre Phone: "_ r4 _1t6 .
�.� 90?
LJ I wish to share my yiews on an Agenda Item:
Agenda Item#__UA
I will speak in SUPPORT of this item 7
I will speak in OPPOSITION to this item
I do not wish to speak, but please record my
SUPPORT OPPOSITION
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I wish to speak during Public Forum on an item not on tonight's agenda
Topic:
Note: To allow everyone an opportunity to be heard,please limit your comments to 3 minutes.
Description City Council meeting - Mayor, Terrell, Stansell, Hill, Muzyka, Muller, Jones
Date 3/3/2009 Location Southlake Council Chambers
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City Council meeting - Mayor, Terrell, Stansell, Hill, Muzyka, MulleSouthlake Council Chambers
Time Speaker Note
5:14:13 PM Mayor Wambsganss called the meeting to order
5:14:26 PM Assistant City gave the invocation for the meeting
Manager Ben
Thatcher
5:15:58 PM Mayor led the pledge of allegiance
5:16:01 PM Director Greg Last presented item 3 on the work session agenda - business
retention and expansion strategic plan
5:45:48 PM Last concluded presentation
5:46:18 PM Council discussed this item
5:46:28 PM Stansell be more active in some of the local events and partner with
them to promote the city and bring people in, provide goals and
objectives and metrics, sourcing of a multi-use facility
5:47:53 PM Hill met with Chamber reps today to engage businesses to create
a safer more watchful business community, businesses can
help one another and be more active together from a safety
standpoint
5:50:42 PM Terrell have been working with Chamber-we need to have an idea
what the roles of the Chamber versus ED to eliminate doubling
up; thinks this product needs more meat and more detail on it;
data behind the stmts -triple freeport for example, SBC is a
potential great resource with the Chamber and the school
district's involvement, what is "promote tourism"for Southlake,
how are we going to attract new businesses like Sabre
5:56:59 PM Muller wants explanation of 4a and 4b sales tax; targeted sales tax
funds toward another area?; SPIN meeting attendance;
6:00:20 PM City Manager would be similar to SPIN Standing Committee
Yelverton
6:03:49 PM Mayor reviewed consent agenda items -4a, 4b to cancel the Spring
Break meeting, 4c to excuse Greg Jones from two meetings on
Feb 3 and Feb 17, 4d, 4e, 4f, 4g, 4h, 4i, 4j, to table items 4k
and 41 to April 7
6:12:01 PM Council discussed item 4j regarding the Cedar Ridge monument sign
6:12:31 PM Applicant Dan answered questions on his sign
Vance with
Pannatoni
6:13:59 PM Mayor introduced item 9d and discussed placing it on the consent
agenda
6:14:51 PM Applicant Audra made a brief presentation on agenda item 9d - March 28 event
Levondowski of from 9:00 to 4:00
Greenfellows, Inc
6:16:47 PM Mayor closed work session
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City Council meeting - Mayor, Terrell, Stansell, Hill, Muzyka, MulleSouthlake Council Chambers
Time Speaker Note
6:16:53 PM Mayor opened regular meeting and called for an executive session
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7:48:41 PM Mayor reconvened the regular meeting following executive session
<
c 7:49:05 PM Mayor read calendar items into the record during the Mayor's Report '
7:49:27 PM City Manager gave a brief presentation of a Financial Report
CYelverton ,8:02:40 PM Mayor thanked staff for competing for funds
8:02:42 PM Terrell thanked city staff and Councilmembers Muller and Muzyka for
IEgoing to the DEW Connector meeting and maintaining a
presence
8:03:25 PM Ashley Stathatos Jeff Robinson of Macaux Florist on Hart Court introduced his
I introduced Local business to the Council
Business Report
8:06:27 PM Mayor read consent agenda items into the record -4a, 4b to cancel
II the March 17 meeting, 4c to excuse Mayor Pro Tem Jones
from meeting, 4d, 4e, 4f, 4g, 4h, 4i, 4j stating that lettering
does not exceed 8 inches in height, to table items 4k and 41, i
E and including item 9d
8:09:45 PM Terrell motion to approve consent agenda as read
8:09:47 PM Jones second - approved consent agenda 7-0
E8:10:21 PM public forum no one spoke
fib, 8:10:48 PM Director Ken Baker presented items 6a and 6b to Council
II8:12:57 PM public hearing Carolyn Morris, 403 St. Charles Court - urged Council to
opened support this item on second reading
I 8:14:09 PM Diane Dorman raised concerns about truck traffic, congestion, fencing, safety
of children
8:22:07 PM Chief of Police no safety concerns of placing Safety Town at this location, all
IIRobert Finn programs will be prescheduled and preregistered for classes
8:25:21 PM Council discussed this request
1 8:25:34 PM Muller discussed various issues and asked Chief Finn to discuss site
selection, scheduling of classes, staffing
8:25:37 PM Terrell thanked a number of volunteers and staff who have spent alot
1 8:26:10 PM Terrell of time to make this happen
motion to approve item 6a as presented
]
8:26:27 PM Hill second - approved 6a 7-0
II 8:26:41 PM Terrell
8:27:02 PM Hill motion to approve item 6b subject to review
second - approved 6b 7-0
8:27:17 PM Deputy Director presented items 6c and 6d to Council
EDennis Killough
8:34:37 PM Stansell discussed Anderson's signage
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City Council meeting - Mayor, Terrell, Stansell, Hill, Muzyka, MulleSouthlake Council Chambers
Time Speaker Note
.., 8:35:26 PM public hearing Applicant Mark Evenington works for Panera Bread and
L ...., opened answered questions
8:37:10 PM Stansell choice of awnings
8:39:18 PM Terrell is in favor of making Panera Bread successful and making this
E 8:41:22 PM Muller center successful
the green tower cannot work, can negatively impact the other
businesses in this center, because it is part of a center, she
Cthinks it needs to compliment the whole center
8:42:33 PM Stansell McAlister's Deli wanted different awnings and Council did not
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give it to them
8:46:00 PM *Jones agrees with Option b without the green tower, maybe they
could choose one of their other signature awnings
1 8:49:48 PM Jones solid colored awning
8:50:33 PM Mayor is okay with Option b with a solid color of the applicant's
chosing
I8:51:49 PM Mayor suggested maybe approving the wheat awning for a 6 month
period and if Council does not like it after that time, the
applicant will have to change it
C8:53:44 PM public hearing '
closed
8:54:21 PM Terrell motion to approve item 6c granting variances, approving option
kr B, limiting awnings to a single color either purple or green,
subject to review
8:54:50 PM Jones second - approved 6c 6-1 (Muller)
[ 8:55:09 PM Terrell motion to approve item 6d as presented
8:55:18 PM Jones second - approved 6d with option B 6-1 (Muller)
I 8:56:04 PM Dennis Killough presented item 7a to Council
9:00:39 PM Applicant Skip Blake presented item 7a and answered questions
of Blake Architects •
9:04:31 PM Jones motion to approve item 7a granting variances requested as .
presented by the applicant, subject to review, and applicant to
I bring color samples on second reading, willingness to grant •
cross access easement at back of lot
II 9:05:20 PM Terrell
second - approved 7-0
9:06:19 PM Ken Baker presented item 7b to Council
9:14:55 PM Applicant Dr. Derek answered Council's questions
IC Citty and Civil
Engineer John
Blackard
E 9:19:19 PM Terrell motion to approve item 7b granting variances, subject to P&Z
recommendations, subject to review
9:19:54 PM Muzyka second - approved 7-0
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3/3/2009 4 of 5
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City Council meeting - Mayor, Terrell, Stansell, Hill, Muzyka, MulleSouthlake Council Chambers
LTime Speaker Note
- 9:20:20 PM Mayor called for a break
L4.0 9:37:49 PM Mayor reconvened meeting following the break
9:37:59 PM Mayor presented item 8a to Council
9:39:13 PM Terrell motion to appoint Brigham McCown to P&Z with a term ending
EMay 2010
9:39:26 PM Jones second - approved 6-1 (Muller)
C 9:39:44 PM Mayor
9:40:01 PM Terrell introduced item 8b to Council
motion to appoint Carol Knox to Arts Council with an alternate
term ending May 2010
l 9:40:15 PM Hill
9:40:32 PM Ken Baker second - approved 7-0
presented item 9a to Council I
1
9:45:34 PM Applicant ?? of answered Council's questions
II Turner Sign
Systems (could not
hear her name) ,
9:48:25 PM Terrell motion to deny item 9a
9:48:33 PM Hill second - denied 7-0
C 9:48:55 PM Dennis Killough presented item 9b to Council
9:52:07 PM Applicant Carla answered Council's questions
Chase, Marketing 1
EL Director for
Southlake Town
mow Square ,
E 9:55:50 PM Council
9:57:41 PM Jones discussed the pros and cons of this request
maybe a more permanent sign
9:58:14 PM Muller Council is strict on other requested signs ,
E9:58:55 PM Jones a sign with a nicer presence
9:59:05 PM Hill many of the retailers listed have taken the place of old retailers,,
they are not for new buildings or new phases
C10:01:10 PM Mayor would agree to a 30 or 60 day extension to come up with a new
sign proposal
C 1 0:01:55 PM Terrell motion to approve item 9b stating that the permit expiration
date be extended by 30 days extending it to the end of April
g 10:02:23 PM Stansell
10:02:49 PM Ken Baker second - approved 5-2 (Hill, Muller)
presented item 9c to Council I
10:06:49 PM Applicant Jim Carlile presented this item to Council and answered questions
C10:1352 PM Terrell motion to deny item 9c
10:14:06 PM Muller second - denied 7-0
E10:14:48 PM mayor adjourned meeting
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6000 WESTERN PLACE,SUITE 200 Taylor Olson Adkins Sralla Elam TELEPHONE:(817)332-2580
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 AI Counselors WEBSITE:WWW.TOASE.COM
IL E.ALLEN TAYLOR,JR.
EXT. 212
ataylorCo)toase.com
March 3, 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:
Nor You have asked our office to review the executive session posting for the March 3, 2009,
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 551.07.1,551.072,551.073,551.074,551.076,551.087,
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.
C. •
1. Section 551.072: Deliberation regarding real property
a. Acquisition of right-of-way for T. W. King 30-inch water line.
2. Section 551.074: 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.
W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.112.03-03-09Wpd.Wpd
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March 3, 2009
Page 2
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.
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 ofpublic officers,including the City Manager,City Secretary,City Attorney,
Municipal Judge and some 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.
WASouthlake\LettersUvlayor&CC Letters\Mayor&CC.EAT.112.03-03-09wpd.wpd
e
I
March 3, 2009
Page 3
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 retarding
pipeline safety
rcliw The City Council may discuss emergency management plans involving pipeline safety and/or
security ofpipeline infrastructures or facilities when those plans or discussions contain such sensitive
information.
The purpose of this letter is to provide an opinion whether the city council may legally
discuss the above-referenced topics in executive session. Based upon the guidelines we have
previously supplied the city council, and subject to the discussion below, we conclude that all the
posted items fall within an exception to the Open Meetings Act, Government Code, Chapter 551.
Therefore,discussion on these matters may legally occur in closed session. In addition,this opinion
extends to any legal advice given to the council in executive session.
It is appropriate for the council to receive legal advice from our office about any of the above
listed lawsuits or claims.
Further, it is appropriate for the council to discuss in executive session the exchange, lease
or value of real property under Section 551.072 if the city council reasonably believes that
deliberation in open session would have a detrimental effect on the city's negotiations for that
property.
Additionally,it is appropriate for the council to deliberate in executive session a negotiated
contract for a prospective gift or donation under Section 551.073 if the city council reasonably
believes that deliberation in an open meeting would have a detrimental effect on the position of the
city.
Under Section 551.074,the city council may deliberate the appointment or employment of
a city officer, or employee. Under Attorney General opinions rendered in different contexts, the
WASouthlakeTetters\Ivlayor&CC Letters\Mayor&CC.EAT.112.03-03-09wpd.wpd
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March 3, 2009
Page 4
Attorney General has concluded that personnel discussions under this section must pertain to an
individual, rather than a class of employees.
Further, under Section 551.074, the city council may deliberate the appointment,
employment,evaluation,reassignment,duties,discipline,or dismissal of a city officer,including the
city manager and city secretary.
If you have any additional questions or concerns,please feel free to contact our office.
Sincerely,
eacaL. 1
,e,
E. Allen Taylor r.
EAT/ds
cc: Shana Yelverton
Etiow City of Southlake
1400 Main Street
Suite 460
Southlake, Texas 76092
Lori Payne
City of Southlake
1400 Main Street
Suite 270
Southlake, Texas 76092
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WASouthlake\LettersVMayor&CC LettersUl4ayor&CC.EAT.112.03-03-09wpd.wpd
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CITY OF
SOUTHLAKE
i .taw , TEXAS
REGULAR CITY COUNCIL MEETING: MARCH 3, 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: David Whitington, Chaplain of the Month
3. Discussion of a business retention and expansion strategic plan for the City of
Southlake.
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.
cow 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 city attorney
a. Seek advice of the city attorney regarding the solicitation
ordinance.
2. Section 551.072: Deliberation regarding real property
a. Acquisition of right-of-way for T.W. King 30-inch water line.
3. Section 551.074: Deliberation regarding personnel matters
a. Deliberation of appointments of city board and commission
members.
4. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
City of Southlake values:
Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
p
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City of Southlake
City Council meeting agenda
March 3,2009
Page 2 of 7
B. 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. Financial Report
C. Local Business 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 February 17, 2009 regular City Council meeting
and from the February 18, 2009 City Council Strategy Session.
B. Cancel or reschedule the March 17, 2009 City Council meeting.
Et
C. Excuse a City Council member for absences from meetings.
D. Award construction contract for water and sanitary sewer relocations on
F.M. 1709 to Barson Utilities, Inc., in the amount of $502,832.75 and
authorize construction phase contingencies.
Award construction contract for pavingand water system improvements
E.
for Highland Street (Shady Oaks Drive to State Highway 114) and paving
improvements to serve Woodland Heights to Municipal Construction, Inc.,
in the amount of $922,253.73 and authorize construction phase
contingencies.
F. Approve a professional services agreement for engineering design
services for segments B, C, D, and E of the North Water Supply Pipeline
Project with Freese and Nichols, Inc. in the amount of$522,070.
G. Approve a third amendment to the interlocal agreement with Tarrant
County for allocation of Tarrant County bond funds being provided in
conjunction with the F.M. 1938 project.
H. Approve an interlocal agreement with the City of Grapevine and the City of
Colleyville to fund the Metroport Teen Court.
City of Southlake values:
Integrity♦ Innovation • Accountability• Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
March 3,2009
Page 3 of 7
., I. Resolution No. 09-010, Establishing a Southlake Business Council (SBC);
providing for appointments to the business council; and providing for an
effective date.
J. Consider SV08-001, Amendment to the Sign Variance for the North
Country Office Building Tower Monument Sign located at 1050 East State
Highway 114.
K. Ordinance No. 480-579, 1st Reading (ZA08-062), Zoning Change and
Concept Plan for 520 South White Chapel Boulevard on property being
■r 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
THE APRIL 7, 2009 CITY COUNCIL MEETING.
L. 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, ICI, 1C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 2B1, 3C, 3C1, 3CIA, 3D, 3D1A
and 3D6 in the L.B.G. Hall Survey Abstract No. 686 and being located at
400 North White Chapel Boulevard, 300 and 450 West Southlake
Et Boulevard and 275-315 Shady Oaks Drive. Current Zoning: CS
Community Service District. SPIN Neighborhood #10. THIS ITEM HAS
BEEN TABLED TO THE APRIL 7, 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. 480-343a, 2nd Reading (ZA08-112), Zoning Change and
Site Plan for Safety Town Park on property being described as Lot 3,
Block 1, Corner Addition and being located at 2100 West Southlake
Boulevard and 200 North Randol Mill Avenue. Current Zoning: S-P-1
Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan
District. SPIN Neighborhood #13. PUBLIC HEARING
B. Plat Revision for Lots 3R1 and 3R2, Block 1, Corner Addition, being a
revision of Lot 3, Block 1, Corner Addition, being located at 2100 West
Southlake Boulevard and 200 North Randol Mill Avenue. Current Zoning:
CS-P-I Detailed Site Plan District. Proposed Zoning: S-P-1 Detailed Site
Plan District. SPIN Neighborhood #13.
L 44-
City of Southlake values:
Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
IP
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City of Southlake
City Council meeting agenda
March 3,2009
Page 4 of 7
1. 4w
C. ZA09-003, Site Plan for Panera Bread Bakery Café on property being
legally described as Lot 3, Block 1, Village Center Addition and being
located at 2140 East Southlake Boulevard, Suite R. Current Zoning: C3
General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING
D. Consider SV09-001, Variance to Sign Ordinance No. 704-C for Panera
Bread Bakery Café #1367 located at 2140 East Southlake Boulevard,
Suite R.
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-580, 1st 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. (If approved at first reading, the
public hearing will be held March 17, 2009.)
B. Ordinance No. 480-338a, 1st Reading (ZA08-116), Zoning Change and
Site Plan for Carroll Senior High School on property being described as
1E, 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. (If approved at first
reading, the public hearing will be held March 17, 2009)
8. Resolutions:
A. Resolution No. 09-011, Appoint a member to the Planning and Zoning
Commission.
B. Resolution No. 09-012, Appoint an alternate member to the Southlake Arts
Council.
9. Other items for consideration:
A. Consider SV09-002, Variance to Sign Ordinance No. 704-C for the Nail
Palace located at 2125 West Southlake Boulevard, Suite 335.
B. Consider SV09-003, Variance to the Sign Ordinance No. 704-C for
Southlake Town Square Grand Opening Sign located at the northeast
corner of North Carroll Avenue and Southlake Boulevard.
I 409
City of Southlake values:
Integrity♦ Innovation • Accountability• Commitment to Excellence ♦ Teamwork
p
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City of Southlake
City Council meeting agenda
March 3,2009
Page 5 of 7
18.9
C. Consider SV09-004, Variance to the Sign Ordinance No. 704-C for Lakes
of La Paloma Addition Real Estate Signs.
D. Consider a Community Events Participation Agreement with
GreenFellows, Inc. for the Southiake Green Day event.
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, February 27, 2009, by 6:00 p.m.,
pursuant to the pTexaiGover?nmcoe..n.L‘:9:
s ode,A .
Chapter 551.
1111/j�',
.�`pJ� KF '�
Lori ayne, TRMC _ >-
City Secretary v- :••
•.
•.....••• •
CrIf you plan to attend this public 4,0N atfeatelVe a disability that requires special needs, please
lbw advise the City Secretary's Office 8' hours in advance at 817-748-8016 and reasonable
accommodations will be made to assist you.
C
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City of Southiake values:
Integrity♦ Innovation • Accountability♦ Commitment to Excellence • Teamwork
Pr
I
City of Southlake
City Council meeting agenda
March 3,2009
Page 6 of 7
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
i1 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.
C, 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.
L 4a-
City of Southlake values:
Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 3,2009
Page 7 of 7
f
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
Etiloy contain such sensitive information.
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City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
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 Agenda for the 3-3-Oq , City Council
meeting on 2- 27—Ord , by (,=DO a.m./0
2. That the City Council convened in executive session on 3- 3-OG1 , at (o (7 ,
a.m.a 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 Secretary
Greg Jones City Attorney /k I (e,v 1JOr
Vernon Stansell Other staff members: r
Pamela Muller
3. That the matters discussed by the City Council were as follows:
(1) ul-tit Gi/( of i01,J - Tto K 30- irtc,k t vcd r
Other staff members )sent for(1): t oL t 3't e, 16k 644.1G-CYJCit jaY�
(2) 60(IG�OYS ea VQ r�S or ,,1.aKc� 1
Other staff members present for (2): &la Price KP.tt 60 /
(3) eLOk1ov14iG I ncf1-(1 yes - Cetr-i‘( (o kL
Other staff members present for (3):6010 Wee I< 6 f
)am'' uGv-'SLk A tr(ey�3 t(--frO 5,
io le:
Other staff members present for (4):
114) De I i e Gr✓I'iCtit. OcN fel°U'oe CO men(SS Ge.0 s
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 3-?j--Dq at a O a.m. � D.
otx P
afite----
Lori Payne Andy Wambsganss
City Secretary Mayor
N:\City Secretary\Forms\certified agenda 2008.doc