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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. +rr REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009 Page 1 of 10 C ..r 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. L Am- REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009 Page 2 of 10 C C 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. L Air REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009 Page 3 of 10 C C ' 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" REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009 Page 4 of 10 C C 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 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009 Page 5 of 10 E. C 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 LAD- REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009 Page 6 of 10 • • C 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 Y 9 p.m. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009 Page 7 of 10 MB c C 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 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009 Page 8 of 10 C ' , C 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 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009 Page 9 of 10 p , . C ATTEST: .0, AG/ fi 0 Lori Payne, TRMC 1.'- City Secretary v. y 9 Oc `O,Y"i1111ii1i'1e•Et C Liar' C C C C C REGULAR CITY COUNCIL MEETING MINUTES, MARCH 3, 2009 Page 10 of 10 r L. . .011 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: bio-9 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 r1 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 C C C E, C 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 3/3/2009 2 of 5 C PP C 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 L... 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 i gm, 3/3/2009 3 of 5 C P E 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 I 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 L ...... 3/3/2009 4 of 5 B p [ ' ' 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 L via, 3/3/2009 5 of 5 C r C 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 PO C 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 C p 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 C C C WASouthlake\LettersVMayor&CC LettersUl4ayor&CC.EAT.112.03-03-09wpd.wpd p 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 1 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 I 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 C 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 C C C 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. C C C L 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