The URL can be used to link to this page

2009-07-21 CC Packet C 1 CITY OF ( SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: JULY 21, 2009 LOCATION: 1400 Main Street, Southlake, Texas it City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Virginia M. Muzyka, it Deputy Mayor Pro Tern Laura K. Hill, and Councilmembers Brandon Bledsoe, Gregory Jones, Carolyn Morris, and Pamela A. Muller. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Director of Community Services Chris Tribble, Deputy Director of Community Services Kari Happold, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Municipal Court Judge Carol Montgomery, Municipal Court Supervisor Leah Huff, Director of Human Resources Kevin Hugman, Director of Information Technology Dale Dean, Information Technology Technician Eric Lusk, Director of Planning and Development Services Ken Baker, Planner II Richard Schell, Chief of Police Services Robert Finn, Chief of Fire Services Mike Starr, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Michelle McCullough, Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor, and Deputy City Secretary Tara Brooks. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell at 5:36 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, David Whitington, gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Post event briefing — Stars & Stripes. Deputy Director Happold presented this item and answered Council's questions. Agenda Item No. 4. Landscape plan for F.M. 1709 median project. Director Tribble presented this item and answered Council's questions. Agenda Item No. 5. Discuss all items on tonight's meeting agenda. Council reviewed the consent agenda items. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 1 of 9 rr ll closed the work session at 6:06 p.m. Mayor Tee 1. 41W REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Terrell at 6:06 p.m. Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:06 p.m. Executive Session began at 6:32 p.m. and ended at 6:41 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:12 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Mayor Terrell welcomed Boy Scout Troops 168 and 928 to the meeting. Egi Agenda Item No. 2. Pink Out Day. Mayor Terrell introduced Amy Moan, a senior at Carroll High School, who presented her desire for a CISD and City "Pink Out Day" on October 16, 2009. Agenda Item 3B. City Manager's Report. No report was given. Agenda Item 3C. Southlake Arts Council. A written report was provided to Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 4A. Approve minutes from the July 7, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Excuse absences of a Planning and Zoning Commission member. Mayor Terrell introduced this item. Council agreed to excuse the absences of Commissioner Joe Lancor. Agenda Item No. 4C. Approve a Local Project Advance Funding Agreement (LPAFA) with TxDOT for funding of Safe Routes to School Project. A presentation was not made on this item. Agenda Item No. 4D. Approve a professional services agreement to provide engineering design services for the Woodland Heights Connector Road and the REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 2 of 9 C McPherson Branch n h Connector Road with Half Associates, Inc. in the amount of $70,700. Director Price presented this item to Council during the work session. Agenda Item No. 4E. Approve renewal of contract with Aetna for employee medical and dental benefits for plan year October 1, 2009 through September 30, 2010. A presentation was not made on this item. Agenda Item No. 4F. Approve a contract with Tarrant County for tax collection. A presentation was not made on this item. Agenda Item No. 4G. Ordinance No. 959, 1St Reading, Approve a negotiated resolution between the Atmos Cities Steering Committee ("ACSC" or "Steering Committee") and Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company") regarding the company's rate review mechanism filing in all cities exercising original jurisdiction; declare existing rates to be unreasonable; requiring the company to reimburse cities' reasonable rate-making expenses; adopt tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rates to be set by the attached tariffs to be just and reasonable; approve Atmos' proof of revenues; adopt a savings clause; determine that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declare an effective date; and require delivery of this ordinance to the company and the steering committee's legal counsel. A presentation was not made on this item. Agenda Item No. 4H. Approve naming a section of Liberty Garden in honor of Dorothy "° Wood. Director Tribble presented this item during the work session. Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; and 4H. Motion: Muzyka Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during the public forum. Agenda Item No. 6A. Ordinance No. 956, 2nd Reading, Appoint a Municipal Judge and authorize the Mayor to execute an agreement with the Municipal Judge and provide an effective date. Mayor Terrell introduced this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 3 of 9 p , OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AN ORDINANCE lb APPOINTING A MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE ' AN AGREEMENT WITH THE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 956, 2nd Reading, appointing Municipal Judge Carol Montgomery and authorizing the Mayor to execute an agreement with Judge Montgomery and provide an effective date. Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6B. Ordinance No. 954, 2nd Reading, Approve a speed limit on State Highway 114 from the Southlake-Westlake boundary to the Southlake-Grapevine boundary. Deputy Director Mayer presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF THE TRANSPORTAITON CODE, CHAPTER 545, SECTION 545.356, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, AS SET OUT IN THE ORDINANCE AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $500.00 FOR VIOLATION OF THIS ORDINANCE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 954, 2nd Reading, approving a speed limit of 45 miles per hour on State Highway 114 access road from the Southlake —Westlake boundary to the Southlake — Grapevine boundary. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6C. Ordinance No. 480-ZZZ, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, Section 44.12 (1), as amended, Special Exceptions Use, as it pertains to the regulations for servants or family quarters. Planner Schell presented this item and answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 4 of 9 p C - : I In accordance with Section 4.21 of the City Charter, the caption for this item is listed as L—. follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS TO THE SPECIAL EXCEPTION USE REGULATIONS FOR SERVANTS OR FAMILY QUARTERS; 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 PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Terrell opened the public hearing. Donna Jansen, 4323 Homestead Drive, Southlake, Texas, spoke in favor of this request. Margaret Wood, 2350 Crook Lane, Southlake, Texas, spoke in favor of this request. Mayor Terrell read the names of those that wanted to record their support, but did not kw wish to speak: William Hutchison, 1621 Pheasant Lane, Southlake, Texas, and; Charles Wood, 2350 Crooked Lane, Southlake, Texas. Mary Hutchison, 1621 Pheasant Lane, Southlake, Texas, spoke in favor of this request. Mayor Terrell closed the public hearing. Motion was made to approve Ordinance No. 480-ZZZ, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, Section 44.12 (1), limiting the square footage to 1,000 square feet for SF-30 and to 2,000 square feet for any lot above that. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6D. Resolution No. 09-044 (ZA09-025) Specific Use Permit for Spirit Life Church International on property being legally described as Lot 1, Block C, Commerce Business Park Addition and being located at 2805 Market Loop, Suite 300. Current Zoning: I-1 Light Industrial District. SPIN Neighborhood #8. Director Baker presented this item and answered Council's questions. Applicant, Stephen Hill, Pastor L isw REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 5 of 9 p C • International, introduced himself and his church to Council,Spirit of Life Church , and answered the Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR SPIRIT LIFE CHURCH INTERNATIONAL ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2805 MARKET LOOP, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK C, COMMERCE BUSINESS PARK, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 09-044 (ZA09-025) granting Specific Use Permit for Spirit Life Church International, including Concept Plan Review Summary No. 1, dated June 26, 2009 and including a reciprocal parking agreement with adjacent properties, if parking is needed or if they outgrow their parking. Motion: Hill Second: Muzyka flow Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 8A. Resolution No. 09-043, Appoint members to the Southlake 2030 Plan Committee. Mayor Terrell introduced this item and suggested members for the committee. Council discussed 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 MEMBERS TO THE VARIOUS SOUTHLAKE 2030 PLAN ELEMENT COMMITTEES. Motion was made approve as part of Resolution No. 09-043, on the Vision, Goals, and Objectives Committee to appoint all of the Planning and Zoning Commission members, City Council Members Morris and Councilmember Bledsoe, Park Board Member John Slocum, SPIN Member Ray Tremain, one Business Council Member to be selected at a later time and in an Ex-Officio capacity Mayor Terrell. Motion: Hill 1. Second: Muzyka .r,.r REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 6 of 9 C Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muz Muzyka,, Terrell L Nays: None Approved: 7-0 Council continued discussion of item 8A. Motion was made approve Resolution No. 09-043, to make the following appointments to the Southlake 2030 Plan Committee: Vision, Goals, and Objectives: Planning and Zoning Commission -All members City Council Members - Carolyn Morris, Brandon Bledsoe Park Board Member— John Slocum SPIN Member— Ray Tremain Ex-Officio Member— John Terrell Area Plans and Land Use Plan Element Planning and Zoning Commission - All members City Council Members - Carolyn Morris, Brandon Bledsoe Ex-Officio Member— John Terrell Economic Plan Planning and Zoning Commission -All members City Council Members — Laura K. Hill, Brandon Bledsoe Southlake Business Council - To be appointed at a later time Mobility Plan Planning and Zoning Commission -All members City Council Members - Pamela A. Muller, Virginia M. Muzyka Park Board Member— John Slocum CISD representative - To be appointed at a later time Parks, Recreation and Open Space Plan City Council Members - Carolyn Morris, Gregory Jones Park Board Members -All members Community Plan Planning and Zoning Commission - All members City Council Members - Virginia M. Muzyka, Laura K. Hill Park Board Member - To be appointed at a later time CISD representative - To be appointed at a later time Water, Sewer and Stormwater Plan Planning and Zoning Commission -All members City Council Members —Virginia M. Muzyka, Gregory Jones L 44w REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 7 of 9 IP E in ilit Susta ab y Plan ii4sw Planning and Zoning Commission - All members City Council Members - Pamela A. Muller, Virginia M. Muzyka Youth Plan Planning and Zoning Commission -All members City Council Members - Laura K. Hill, Carolyn Morris SPARK Member - To be appointed at a later time SYAC Member - To be appointed at a later time Wavfinding Committee City Council Member Brandon Bledsoe Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 9A. Consider SV09-013, Variance to Sign Ordinance No. 704, as amended, for Big Inc. Corporation located at 2757 East Southlake Boulevard, Suite 100. Director Baker presented this item to Council. Applicant Mike Maric answered Council's questions. Motion was made to approve SV09-013, variance to Sign Ordinance No. 704, as amended, for Big Inc. Corporation located at 2757 East Southlake Boulevard, Suite 100, allowing the variances as presented, including the tagline. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 8:27 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office, C C V REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 8 of 9 C John Terrell L ... Mayor ATTEST: uti hod.) � sp am` r� Tara Brooks Deputy City Secretary ' • i'�YYYYe�19-*' i{ ooN% ` C L. 'ow C C C C C C C REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 9 of 9 p outhlake City Council meeting Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: ‘ k,A.).i ,..! 7l y./,5 xj Date: 7/ -// j Address: '/3 Z 3 friOr 1 r;T A- 1) os?_ Phone: < /? -''Li9/-3 W5 XI wish to share my views on an Agenda Item: Agenda Item speak in SUPPORT of this item I will speak in OPPOSITION to this item I do not wish to speak, but please record my SUPPORT _ OPPOSITION r- LJ 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. . i ..... Ilmmo ._.. ..J .J .J J J is outh1ake City Council meeting '� �'' Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: j \` 1 O \ \1 S O Date: 1 "Q ( -0 Address: ‘( 0•1 P �CQ�GJ(1� 1� Phone: g 1 ` I a3 (0 5( I wish to share my views on an Agenda Item: Agenda Item# Lo C— I will speak in SUPPORT of this item I will speak in OPPOSITION to this item DL I do not wish to speak, but please record my jC SUPPORT OPPOSITION 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. Low L.... Lim. __ ..... IN! eimmil low/ ....i ....i ummill J uth1ake City Council meeting "', Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: M 01 C S 0 n Date: 11 "g 1 -09 Address: 1 , SC Phone: 9\1 A \ -2c:13th so h\C —CX, —1 coo 9 wish to share my views on an Agenda Item: Agenda Item# ( Q. I will speak in SUPPORT of this item I will speak in OPPOSITION to this item X I do not wish to speak, but please record my X SUPPORT OPPOSITION 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. 1. 1 LIMP11 limmoil ..J .linNigi ImmJ ase.a .011 J uth1ake City Council meeting ..0 Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: `/')70 aAtt Zilee Date: 9b42/ U 9 Address: Phone: gI7 e^9a 7P I wish to share my views on an Agenda Item: Agenda Item# (. I will speak in SUPPORT of this item I will speak in OPPOSITION to this item I do not wish to speak, but please record my SUPPORT OPPOSITION 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. at U... Lomaliftw. `.... `r ..... Imam Mimi/ ammelif ....JI .....� .J .... A 7 uuthlake City Council meeting "J Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: & a4L Zaf- L Date: 07I 07 Address: 3.5-d e,„ y �ix� Phone: S / re- o7S I wish to share my views on an Agenda Item: Agenda Item# b c I will speak in SUPPORT of this item I will speak in OPPOSITION to this item I do not wish to speak, but please record my y SUPPORT OPPOSITION 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. C 6000 WESTERN PLACE,SUITE 200 TELEPHONE:(817)332-2580 Taylor blsoip Adkins Srslla Elam I-30 AT BRYANT-IRVIN ROAD L,I„p, TOLL FREE:(800)318-3400 FORT WORTH,TEXAS 76107-4654 FACSIMILE:(817)332-4740 EMAIL:TOASE@TOASE.COM Attorneys AP Counselors WEBSITE:WWW.TOASE.COM E.ALLEN TAYLOR,JR. EXT. 212 atayloretoase.com July 21, 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: fw You have asked our office to review the executive session posting for the July 21, 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 551.071,551.072,551.073,551.074,551.076,551.087, 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 from the city attorney regarding Robinson contract. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase of lease of real property for city facilities. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. +rr W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.115.07-21-09wpd.wpd C July 21, 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 CityCouncil mayconduct a closed meetingto deliberate thepurchase,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. W:\Southlake\L.etters\Mayor&CC LettersVvlayor&CC.EAT.115.07-21-09wpd.wpd C sr C July 21, 2009 Page 3 4., 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 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 Li W:\Southlake\Letters\Mayor&CC Letters Wayor&CC.EAT.115.07-21-09wpd.wpd C C July 21, 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, E. Allen Taylor, . EAT/ds cc: Shang Yelverton City of Southlake Et 1400 Main Street Suite 460 Southlake, Texas 76092 Lori Payne City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 C C C C C W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.115.07-21-09wpd.wpd C p CI Description City Council Meeting -All present Date 7/21/2009 Location Southlake Council Chambers Lv C C C C c I C', . , City Council Meeting -All present Southlake Council Chambers ETime Speaker Note 5:36:15 PM Mayor opened meeting 5:3623 PM David Whitington invocation L •i- 5:38:49 PM Mayor lead the pledge 5:39:00 PM Happold presented item 3 E 5:42:22 PM Muller what would you do differently next year? 5:42:41 PM Happold still collecting info; traffic flow; relocate vendors 5:43:34 PM Muller traffic; restaurants to offer specials to encourage people to Estay; stores stay open 5:44:45 PM Mayor heard accolades; 1 concern not enough attention drawn to the National Anthem; lead into the fireworks; recognize military; Icommended vounteers and staff 5:46:55 PM Morris prefers live music over sychronized music 5:47:29 PM Mayor only people in Town Square could hear the live music; thanked community band 5:48:16 PM Morris live music up front; canned music in other areas; stores not E 5:50:15 PM Tribble opened late; involve merchants more presented item 4 5:55:48 PM Morris present to TxDot 1st choice only 1 5:56:11 PM Bledsoe 5:56:39 PM Tribble are we comprising the schedule? continuing to talk to TxDot; but will continue to try, but will have final design by start date k5:57:37 PM Mayor thanks for finding money ap, 5:57:47 PM Mayor Consent agenda 5:59:37 PM Bob Price Presented item 4D 6:01:32 PM Morris buy in from shopping centers 6:01:44 PM Price will get as part of project I 6:03:12 PM Tribble 6:06:05 PM Morris presented Item 4H Very appropriate 6:06:12 PM Mayor called for executive session I 7:12:20 PM Mayor 7:12:34 PM reopened meetin no action from exec sess 7:12:50 PM Mayor gave Mayor's report, welcomed Boy Scout troops#?s . • E 7:16:41 PM Amy Moan presented item 3A2; Carroll Volleybill; Carroll Dragon "Pink Out" game on Friday, Oct 16., encourages CISD ad City to wear pink that day; hoping for business donations to Komen C7:20:23 PM No City Manager's report 11 7:20:44 PM Arts council Report written only 7:21:07 PM mayor read consent L7:21:18 PM Muzyak motion to approve, Jones 2nd, approved 7-0 7:21:38 PM Pubic forum no one spoke L .4.1 7/21/2009 2 of 4 C E . - City Council Meeting -All present Southlake Council Chambers ETime Speaker Note 7:22:04 PM Item 6a no presentation 4s. 7:22:34 PM public hearing no one spoke 7:22:48 PM Hill motion to approve; Jones - 2nd, approved 7-0 7:23:48 PM Gordon Mayer presented item 6B I 7:26:46 PM public hearing no one spoke 7:26:59 PM Hill motion to approve, Muyka - 2nd; approved 7-0 7:27:53 PM Richard Schell presented item 6C E7:36:41 PM Muller what zoning classification for bilding height, setbacks? 7:36:56 PM Shell defaults to SF-30 E 7:37:33 PM Mayor 7:37:54 PM Donna Jansen opened public hearing 4323 Homestead; spoke in support 9 7:41:27 PM Magaret Wood 2350 Crooked Lane; spoke in support E 7:43:48 PM Mayor read names Mary Hutchinson, Charles Wood, William Hutchinson of those that did not wish to speak 7:44:36 PM Mary Hutchinson 1621 Pheasant Lane, spoke in support 7:47:30 PM Mayor closed public hearing II7:47:46 PM Hill motion to approve, Muzykas -2nd; approved 7-0 7:48:34 PM Ken Baker presented item 6D 7:52:40 PM Muzyka when did staff observe parking?Er 7:52:56 PM Baker in the morning and in the afternoon %kw 7:53:39 PM Muzyka Wednesday and friday will be after business hours; Sunday C 7:54:21 PM Stephen Hill morning pastor, applicant 7:54:45 PM Muzyka have you already talked to neighbors [ 7:55:12 PM *Hill right not congregation not large enough; when it grows will talk to neihbors at the time 7:56:51 PM Mayor asked for clarification of P&Z motion i 7:57:21 PM Baker 7:58:10 PM Public Hearing no parking on street; curently meet without agreement none 7:58:21 PM Hill motion to approve, Muzyka 2nd, approved 7-0 1 7:59:31 PM Mayor introduced 2030 plan -vision, goals & Obj recommend Morris and Bledsoe, Slocum, Traiman ., 8:01:51 PM Hill motion to appoint Morris, Bledsoe, slocum, tremain, Terrell - ex! [ oficio, all of p&Z, muzyka - 2nd; approved 7-0 8:03:13 PM Mayor suggested Morris and Bledsoe i8:03:40 PM Muller asked to be appointed to one of these groups 8:05:00 PM SKY All will posted i 8:07:31 PM Mayor 8:11:38 PM Hill went though suggestions on all groups Motion to approve, Muzyka 2nd; approved 7-0 8:14:16 PM Baker presented item 9A L 1111W 7/21/2009 3 of 4 C • City Council Meeting -All present Southlake Council Chambers Time Speaker Note 8:20:41 PM Mike Maric intoduced himself I 8:21:20 PM Hill 8:21:42 PM Maric what justification confusion about sign 8:22:11 PM *Morris what kind of business 8:22:31 PM *Maric print shop 8:23:38 PM Hill needs tagline, nice shopping center, needs business 8:25:17 PM Morris 8:26:00 PM Muzyka need tagline, with this location and angle needs tagline 8:26:20 PM *Hill motion to approve, Muzyka - 2nd; approved 6-0 (bledsoe out of 8:27:08 PM Mayor the room) adjourned I C rthy C C C C C C C 7/21/2009 4 of 4 &ad 72r69 ani many Charles & Margaret Wood 2350 Crooked Lane Southlake, TX 76092 mow July 18, 2009 Mayor of Southlake Members of Southlake City Council We are writing concerning the proposed amendment to Ordinance 480-ZZZ, amendment regulations for servant and family quarters,because such amendment will affect plans we have considered and are still considering. Back in the spring we requested a variance in order to build a small building on our property that would be used for only family or caretaker occupancy. We were told that such a variance had routinely been granted and then told that our requested variance had been approved. That decision was reversed when the city attorney found issue with square footage. The proposed amendment you will be considering, if approved,would allow us to proceed with these plans since all other requirements for building were met, within the 3%of property size, etc. Last spring a letter was sent by the City to our neighbors concerning this variance. We had spoken with several of them about our plans. I don't believe that the City should have received any negative response from any of them because none with whom we spoke had objections. it We have lived in Southlake for nearly 50 years, from 1962 in the Oak Knoll Addition before relocating in 1999 to our current home on Crooked Lane. Although we had planned to size down from a 1-acre lot,this 2.3-acre lot with its larger space, trees, and somewhat secludedness tempted us. We have enjoyed ten years here and would like to remain here. Now, however,the upkeep is becoming increasingly more difficult, and that is one reason for our wanting to build the proposed building. Our feeling is that the plans that have been proposed will only impove the appearance of our property as well as add value to it and thus increase the taxable revenue to the City. We want to thank you for your condsideration. We would respectfully ask that you approve this amendment. If we can answer any questions regarding this request, you can reach us at 817 488-9078 or mandcwood@verizon.net. Charles and Margaret Wood C C C I I I IQ I I I f Itil '+ Fes. r I► we Z re_ g . t Iil - S . �5 I, • -•, 11 , ,, .4, 72„ .tritt*'...1 . ,,, 41` m ft 0 . e .. ....-' . , , . ' -.' -- . -.: . , ,,, .. n-I , .... i . ..., . .• L . _ . .. .. ., _ , _ . . _ _ , , ..... •, SECTION wen,...,,r I-=5 0 ��• TURF i•MOl RO RUBS LOWERING TREES GROUND COVER nIR. M MSHRUBS MEDIUMI TREE F `SECTION LINE 10 P_ IMMERCIAL PARKWAY ZONE VIEW SCALE I•=TO'-0- ,7„" SOUT(-ILTKE SOUTH►L AKE BOULEVARD-COMMERCIAL PARKWAY MEDIAN ZONE I 'SOUTFiLAKE CORRIDORS URBAN DESIGN 07212009 I I --.A.OMIIINIMMINIIWIY—..-.... ....--...—...P..............0...40.14.1.............01,1*....a. ''''''''' 1 ' • ! 1 1 ! .,.. ; g —111111'''..1 ,. '?• ( , ,, - •••, , •,• • , , ',,,,,••„:„ ,,::S.1,174 :,. GROUND COVERS • t i Itl' • I . , ,...... 4:- ,,„,..,„ ••4 - i -1,.•,t,. •,,•3•., , • . • ......„ ,, ‘. • , • , Ah , , - - ,., •.,, ... ,.• . 4. ';. . .. , ... > , % , '‘,‘ TURF GRASS . --- .I' .z,...pg. 4 :41 1 4 44 : ..4 .. , . ., 44 ..i..4.' • :,."•:.4. 44-' [ . ...4 .." ; $4. . ..-, • • 11-•-:::: ". a...C-1 .. .,.- - . •• '. ,,, ;:••...., ci. „... , q ... .„ . _.„ „.. ..,.. , ,..„. ,.. , ....ii... I, Z 1 I I i . • IP w IX w 1— la2 :, . w rr _ ., , . '4 0 ar � ,t m cc * x n. . _ sEcnoE vEr,-SCALE 1"=S.-0"r`, NRF STRIP FLOWERING TREES TURF ROSE SHRUBS GROUND COVER TREE MEDIUM SHRUBS GROUND COVER. i • Jl SECT1ON L I �� EA 10'PLANTER -.AA ATE RESIDENTIAL ZONE i G39-ere L.- SOUTHLAKE BOULEVARD-ESTATE RESIDENTIAL MEDIAN ZONE --- I SOUTHLAKE CORRIDORS URBAN DESIGN y ` D721. O9 _ b.yufts ...........••••••• 1 . ,. .. •,.• . 1. ‘i• y‘ '.', !:.:". ' . ''', ' • ..4., , ',.s. ' ' ' t•;,,,.!'' 'a . . I . 1 I6 GROUND COVERS .or 40, ,•f- 4- , '4' • .• A-- , i ii 1111.. ; .I •, .' - ,., I'l liel No'I o it p I , .., " •;.—4 , , ,II it•1 ',, • . . ... . . • ,-- /0 .0. • — ... '' •°( ‘,14., . , ,•,A . V. , . ,, 4,..• 4 ,A, •I • . 1 . . TURF GRASS f, t Ce; — .., > I. 1..' • ! FN , 0 , II . .. t.. I• irtz I I I T. D 14" 3C;.. . mc.._. in w ° II Q >r is 0111 it ili ,,, .. I tip,-.. }tyk y_ 100 40 _ . I * t "+rt :, i AR' IF il .... u) iit CO 0 • E _'_ I a.40mLaim aair,`........s„ .-..yy...... _ . .re:...tLti:ris'br..x.'...a...13w'tftF.a--_"''' ..ft.--t-dllIllhMie SECEON VIEW SCALE I =5'-0"r ter,,;. , _SEASONAL COLOR/ —1 W STRIP —GROUND COVER&BULBS/ LOW SRRJBS — COLOR BULBS/ —_ WSHRUBS--GROUND COVER e"B SEASONAL COLORSEASONAL �•�Y4" ` O IWN SQUARE ZONE VIEW-SCALE t- �_sEcnoN u E =10'-0-d,.e^ S°LTHU610E SOUTHLAKE BOULEVARD-TOWN CENTER MEDIAN ZONE SOUTHLAKE CORRIDORS URBAN DESIGN ' 07.21.2009 .< °-: ,, 1 _ _ I .,- lY .'t _ r .f P° i *„#} •Al. •. '� t S ! MEDIUM SHRUBS _CANOPY TREE GROUND COVER t 14.PLANTER `� JACOBS .......11111r. I• II I I I . . r • ......r•f I' ; I . _ ; .• . . • - • /i ! -- . IllrEW I..." . •. 4... I : - - ....* • . .' co - . • . ca . - • # D . , III U) X - 7 D 0 . _ ... . U) 5 D x . ... -•_. .. . . .,.... I Ilk 4 . la, ‘ A. Ilk 0 1 • 'E ''' . A,‘ - • _..., ..„,.„...,....., , _ox ti ._,,, - ,. ...fs.-.-:i. ,--4,4.z,„4 ,,,-,-,--g• • , .4*---It •• --,l' "7.' 0 • , t a Ili+ 111;) -=4E I. . 0 ' it il ', • . . U) li , • Ilifrav , V . - . Ld 0:1 • 4k 1 .„, tr 0 . Po . . I ...11...allim...ainAinnaisi,.16,aloft.01..._1 - -- . t..1AWANNOMINAIRMagillabbadigh.airelitiki,dhija SEASONAL COLOR/ LOW SHRUBS I MOW STRIP -GROUND Ov/ER a aULBS/ -LOW SHRUBS GROUND COVER 6.,@LILES/ S..01._COLOR _i--SEASONAL COLOR .... _,-r-•'... ;;114 :--7-''.'"IVI: . • - - -- - ---- - - - - -I-.3'PIANTER- N SQUARE ZONE .46....sEcnobi LINE SC-27_- :. SOUTHLAKE BOULEVARD-TOWN CENTER MEDIAN ZONE -ALTERNATIVE -- - I . ,. SOUTHLAKE CORRIDORS URBAN DESIGN 07.21.2009 I I vie I ... , . . •• • 1,•• - .• ',...1 - *. .. .. ,Ipc2P •— 'i, ,." .... •. 1 ' ",i.*;•' . . • • ‘,...!ft ' • • '"' .' , 4 .,„%,... •• . . •..at • • 1 AL*Illk 4.50, *i kik. :4141. 1 44 . 011 ,*- le 7."-,, • ft =I..' ..1 .. ..f. ... 'tr, . A .0....• .4...; , .o, ..' I . .r .reh,.....N,... _EVERGREEN TREE GROUND COVER —CANOPY TREE 14 pubrrER JAC0113.S I CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: JULY 21, 2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order. 2. Invocation: David Whitington, Chaplain of the Month 3. Post event briefing — Stars & Stripes 4. Landscape plan for F.M. 1709 median project 5. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:30 P.M. or immediately following the work session 1. Call to order. Itlbe 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 Robinson contract. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. L4ime City of Southlake values: Integrity♦ Innovation •Accountability• Commitment to Excellence ♦ Teamwork ■ City• of Southlake a e City Council meeting agenda July 21,2009 Page 2 of 6 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events 2. Pink Out Day B. City Manager's Report C. Southlake Arts Council 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 July 7, 2009 regular City Council meeting. B. Excuse absences of a Planning and Zoning Commission member. C. Approve a Local Project Advance Funding Agreement (LPAFA) with TxDOT for funding of Safe Routes to School Project. C, D. Approve a professional services agreement to provide engineering design services for the Woodland Heights Connector Road and the McPherson Branch Connector Road with Halff Associates, Inc. in the amount of $70,700. E. Approve renewal of contract with Aetna for employee medical and dental benefits for plan year October 1, 2009 through September 30, 2010. F. Approve a contract with Tarrant County for tax collection. G. Ordinance No. 959, 1st Reading, Approve a negotiated otiated resolution between 9 the Atmos Cities Steering Committee ("ACSC" or "Steering Committee") and Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company") regarding the company's rate review mechanism filing in all cities exercising original jurisdiction; declare existing rates to be unreasonable; requiring the company to reimburse cities' reasonable rate- making expenses; adopt tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rates to be set by the attached tariffs to be just and reasonable; approve Atmos' proof of revenues; adopt a savings clause; determine that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declare an effective date; and require delivery of this ordinance to the company and the steering committee's legal counsel. (If approved on first Lreading, a public hearing will be held on August 4, 2009.) .+r City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork city of Southlake City Council meeting agenda July 21,2009 Page 3 of 6 H. Approve naming a section of Liberty Garden in honor of Dorothy Wood. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:30 p.m.) 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 956, 2nd Reading, Appoint a Municipal Judge and authorize the Mayor to execute an agreement with the Municipal Judge and provide an effective date. PUBLIC HEARING B. Ordinance No. 954, 2"d Reading, Approve a speed limit on State Highway 114 from the Southlake-Westlake boundary to the Southlake-Grapevine boundary. PUBLIC HEARING C. Ordinance No. 480-ZZZ, 2"d Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, Section 44.12 (1), as amended, Special Exceptions Use, as it pertains to the regulations for servants or family quarters. PUBLIC HEARING D. Resolution No. 09-044 (ZA09-025) Specific Use Permit for Spirit Life Church International on property being legally described as Lot 1, Block C, Commerce Business Park Addition and being located at 2805 Market Loop, Suite 300. Current Zoning: I-1 Light Industrial District. SPIN Neighborhood #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: A. Resolution No. 09-043, Appoint members to the Southlake 2030 Plan Committee. 9. Other items for consideration: A. Consider SV09-013, Variance to Sign Ordinance No. 704, as amended, for Big Inc. Corporation located at 2757 East Southlake Boulevard, Suite 100. 10. Other items for discussion: (There are no items on this agenda.) LII. Meeting adjourned. City of Southlake values: Integrity♦ Innovation •Accountability• Commitment to Excellence • Teamwork C City of Southlake City Council meeting agenda July 21,2009 Page 4 of 6 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, July 17, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. hu . •• •• �A I Lori Payne, TR City SecretaryEt- " i If you plan to attend this ee t 4* publ`ib,jnan¢.tiave a disability that requires special needs, please advise the City Secretary's O�fflos,,s, "Hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. C C C C C C I C City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork p Cit y pf Southlake City Council meeting agenda July 21,2009 Page 5 of 6 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: it 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. it 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 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 ding 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. C City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork • • City Q f Southlake City Council meeting agenda July 21,2009 Page 6 of 6 Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism-related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. rtaiy I ow C C C C C C City of Southlake values: Integrity♦ Innovation ♦ Accountability• Commitment to Excellence • Teamwork • STATE OF TEXAS § CITY OF SOUTHLAKE § CERTIFIED AGENDA CITY COUNCIL I, Mayor John Terrell, 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 julto 21.2111i , City Council meeting on Jul L,I1,21YP , by to:Op a.m p. . 2. That the City Council convened in executive session on TAD a), ?Q9 , at(D 3,9 , a.m./e with the following Councilmembers and staff membrs present: Mayor Terrell Shana Yelverton, City Manager Carolyn Morris Jim Blagg, Assistant City Manager Virginia M. Muzyka Ben Thatcher, Assistant City Manager Laura K. Hill , Greg Jones City Attorney Ejn ,1'a 9 Brandon Bledsoe Other staff members: PamelAuller Wea,bird a 10ipriiyodai 3. That the matters discussed by the City Council were as follows: (1) 651.072- /?w pt eI tef & Other staff members present for(1): K:2/)84 ,Chao-rp,bug).kbh PIUC.e) (2) 551.071- P.obJna.ru) Alva Ct Other staff members present for(2): (3) - f(mim)ic)4Q1'1Cl/Y111VI) Other staff members present for (3): ky k , ��a'jm /?2 /ty_FjIj1 i!i h 1 &aka (4) l// fill Other staff members present for (4): (5) Other staff members present for (5): 4. No formal action was taken by the Council during executive session. 5. That the executive session ended on Sabi21 at 6 '0 4/ a.m./en Lori-Payne ,, gwokA John Terre / iccfz 'eth, eaf/W /c. Mayor N:\City Secretary\Forms\certified ag-nda 08. �J