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2009-09-15 CC Packet C CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 15, 2009 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell (arrived at 6:35 p.m.), Mayor Pro Tern it Virginia M. Muzyka, 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, 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, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Director of Human Resources Et Kevin Hugman, Director of Information Technology Dale Dean, Information Technology Technician Eric Lusk, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Chief Building Official Paul Ward, Chief of Police Services Robert Finn, Deputy Chief of Fire Services Bryan Thomas, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Michael James, Civil Engineer Michelle McCullough, Civil Engineer Cheryl Taylor, 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 Pro Tern Muzyka at 5:39 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Margy Gore, gave the invocation. Mayor Pro Tern Muzyka led the pledge of allegiance. Agenda Item No. 3. Urban Design — DFW Connector. Director Baker presented this item and answered Council's questions. Director Price answered Council's questions. Agenda Item No. 4. Sidewalk Partnership Program. Assistant to the City Manager Ortowski 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. Item 8A was added to the Consent Agenda. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009 Page 1 of 7 C C Mayor Pro Tern Muzyka closed the work session at 6:34 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to order by Mayor Pro Tern Muzyka at 6:34 p.m. Agenda Item No. 2A. Executive Session. Mayor Pro Tern Muzyka announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with city attorney; 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:35 p.m. Executive Session began at 7:02 p.m. and ended at 7:50 p.m. Mayor Terrell arrived at the meeting during the Executive Session. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:03 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. Deputy Mayor Pro Tern Hill announced the S.P.A.R.K. meeting on September 22 regarding cell phone safety and a canine drug demonstration. Councilmember Morris announced the PKD Walk that will take place on September 26 in Town Square. Agenda Item No. 3A2. Proclamation for Falls Prevention Day 2009. Mayor Terrell presented the proclamation to Russ Kendzior from the National Floor Safety Institute. Agenda Item No. 3A3. Recognition for 2009 Achievement of Excellence in Libraries Award. Mayor Terrell presented this award to City Librarian/Deputy Director of Community Services McGeath and Library Board members. Agenda Item No. 3B. City Manager's Report. City Manager Yelverton announced Southlake received the 2009 Project Planning Award from the Texas Chapter of the American Planning Association. Agenda Item No. 3B1. Financial Report. A written report was provided to Council. Agenda Item No. 3C. Senior Advisory Committee Report. David Baltimore, 1368 Holland Hill, Southlake, Texas updated Council on recent and upcoming Senior Activity Center events. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009 Page 2 of 7 p t C CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Council added item 7A to the consent agenda. Agenda Item No. 4A. Approve minutes from the September 1, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Award construction contract for the Quail Creek Neighborhood Sewer to Quality Excavation, Ltd. in the amount of $630,891.15 and authorize construction phase contingencies. Director Price presented this item during the Work Session. Agenda Item No. 4C. This item was intentionally left blank. Agenda Item No. 4D. Resolution No. 09-058, Amend the Fee Schedule. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING RESOLUTIONS NO. 99-57; PROVIDING THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL PROVISIONS OF RESOLUTION NO. 97-59;94-46, NO. 94-61, cur NO. 95-05, NO. 95-34, NO. 95-50, NO. 96-57, NO. 97-50, NO. 97-59, NO. 99-07; NO. 01-149; NO. 06-016; NO. 08-013 AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4E. Resolution No. 09-059, Annual review of investment policy and investment strategies. 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 COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REVIEW OF INVESTMENT POLICY AND INVESTMENT STRATGIES. Agenda Item No. 8A. Resolution 09-060, Approve a Local Project Advanced Funding pp Agreement for funding of FM 1709 median irrigation and landscaping with TxDOT. 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 COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION ADDRESSING FUNDING PARTICIPATION LEVEL AND PROJECT SCOPE FOR THE CONSTRUCTION OF LANDSCAPING AND IRRIGATION WITHIN THE MEDIANS ALONG FM 1709 FROM PEARSON LANE TO NOLEN DRIVE WITHIN THE CITY LIMITS OF SOUTHLAKE; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve consent agenda items 4A; 4B; 4D; 4E; and 8A. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009 Page 3 of 7 U, C Motion: Hill L 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 6A. Ordinance No. 598-D and related exhibits, 2nd Reading, revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) neighborhood representation and replacing Ordinance No. 598-C. Assistant to the City Manager Ortowski 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 OF THE CITY OF SOUTHLAKE ESTABLISHING THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING FOR APPOINTMENTS TO A SPIN STANDING COMMITTEE AND SPECIFYING FUNCTION; PROVIDING FOR REPEALER CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Efikw No one spoke during the public hearing. Motion was made to approve Ordinance No. 598-D and related exhibits, 2nd Reading, revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) neighborhood representation and replacing Ordinance No. 598-C. Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6B. Ordinance No. 641-A, 2nd Reading, Approve revisions to the floodplain ordinance. Civil Engineer James 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 PROVIDING FOR THE CITY OF SOUTHLAKE, TEXAS ADOPTING REGULATIONS DESIGNED TO MINIMIZE FLOOD LOSSES; ESTABLISHING PROVISIONS FOR FLOOD HAZARD REDUCTION; ADOPTING THE FLOOD INSURANCE RATE ACCOMPANYING THE FLOOD INSURANCE STUDY FOR TARRANT COUNTY AND INCORPORATED AREAS DATED SEPTEMBER 25, 2009, AND THE FLOOD INSURANCE RATE MAPS (FIRM) ACCOMPANYING THE FLOOD INSURANCE STUDY FOR DENTON COUNTY AND INCORPORATED AREAS REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009 Page 4of7 E C DATED SEPTEMBER 25, 2009; REPEALING ORDINANCE NO. 641 RELATING TO Law FLOOD HAZARD HAZARD PREVENTION AND PROVIDING FOR THE REPEAL OF OTHER INCONSISTENT ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CURMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 641-A, 2nd Reading, Approve revisions to the floodplain ordinance. Motion: Jones Second: Morris Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6C. Ordinance No. 962, 2nd Reading, Approving and adopting the Annual Budget for the Fiscal Year 2010 and approving the revised budget figures for the Fiscal Year 2009 and Multi-year Capital Improvements Plan. Director Jackson presented this item in conjunction with item 6D. In accordance with Section 4.21 of the Elk City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2008; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND TERMINATING SEPTEMBER 30, 2010, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 962, 2nd Reading, Approving and adopting the Annual Budget for the Fiscal Year 2010 and approving the revised budget figures for the Fiscal Year 2009 and Multi-year Capital Improvements Plan noting the tax rate will remain $0.462 per one hundred dollars ($100.00) assessed value. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009 Page 5of7 p i - • C Agenda Item No. 6D. Ordinance No. 963, 2nd reading, Tax Levy Ordinance. Director Lvw Jackson presented this item in conjunction with item 6C. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.462 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS, AS OF JANUARY 1, 2009, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. No one spoke during the public hearing. [low Motion was made to approve Ordinance No. 963, 2nd reading, Tax Levy Ordinance noting the tax rate will remain $0.462 per one hundred dollars ($100.00) assessed value. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Deputy Mayor Pro Tem Hill recused herself from the next item. Agenda Item No. 6E. ZA09-027, Revised Site Plan for a portion of Georgetown Park on property being described as Lot 4R2, Block 1, Georgetown Park Addition and located at 2625 East Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. SPIN Neighborhood #8. Deputy Director Killough presented this item and answered Council's questions. City Attorney Taylor answered Council's questions. Applicant Mac Grantland, 201 Freemont Court, Colleyville, Texas answered Council's questions. No one spoke during the public hearing. Council discussed this item. Motion was made to approve ZA09-027, Revised Site Plan for a portion of Georgetown Park on property being described as Lot 4R2, Block 1, Georgetown Park Addition as REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009 Page 6 of 7 p E C presented this evening with the understanding that the entry depicted on the side will be • stone as well; stating that the brick used on this project will be substantially similar to brick currently used in the Georgetown Park area; acknowledging the applicant's agreement to work with city staff to provide a plan for placing shrubs for the purpose of screening along the back of the building with the understanding it is subject to staff's approval; subject to the recommendations of the Planning and Zoning Commission specifically where applicant agreed to relocate a storm drain and grant a drainage easement if the current storm drain is located under the proposed building; and subject to Site Plan Review Summary No. 3, dated August 28, 2009. Motion: Jones Second: Muzyka Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 it Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:29 p.m. it *An audio recording of this meeting will be permanently retained in the City Secretary's Office. C (5)1 moor John Terrell Mayor ATTEST: `,,,11\III1I',"/I , ,, z c Lori Payne = City Secretary C I I I REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2009 Page 7 of 7 Description City Council meeting - all present (Mayor arrived at Date 9/15/2009 Location Southlake Council Chambers L L I L I C C', C C C C C I I EP 1 . . City Council meeting - all present (Mayor arrived at Southlake Council Chambers Time Speaker Note ., 5:39:51 PM Mayor Pro Tern called the meeting to order L ..... Virginia Muzyka 5:41:20 PM Margy Gore gave the invocation 5:41:42 PM Muzyka led the pledge of allegiance E. 5:41:55 PM Ken Baker presented work session item - urban design - DFW Connector 6:04:54 PM Council asked questions of staff and discussed this item I6:05:19 PM *Bob Price deflection of noise 6:06:32 PM *Muzyka introduced the sidewalk partnership plan work session item 1 6:06:55 PM Alison Ortowski presented the sidewalk partnership plan to Council - volunteerism of property for sidewalks i 6:13:31 PM Council discussed this item and asked questions of staff 6:23:31 PM *Muzyka opened up the consent agenda for discussion - 4a, 4b, 4d, 4e i 6:24:45 PM Bob Price presented item 4b to Council 6:34:00 PM Jones asked if item 8a could be placed on the consent agenda L6:34:42 PM Council agreed to place item 8a on consent 6:35:12 PM *Muzyka called for an executive session 8:03:25 PM Mayor Terrell reconvened the regular session from executive session [k IOW 8:03:58 PM Mayor discussed upcoming meetings and events 8:05:04 PM Laura Hill discussed the SPARK meeting on September 22 regarding Ecell phone safety and canine drug demonstration 8:06:25 PM Carolyn Morris discussed PKD Walk on September 26 in Town Square E 8:07:26 PM Mayor introduced the proclamation for NFSI E 8:07:46 PM Russ Kendzior introduced the National Floor Safety Institute and what they do to prevent falls and protect people from falls • 8:09:53 PM Mayor thanked Mr. Kendzior for his introduction and read the E proclamation into the record 8:12:07 PM Mayor recognized members of the Library staff and the Library Board and presented a plaque to them I 8:14:37 PM Carolyn Morris very proud of our library and our citizens who have embraced it 8:15:15 PM Shana Yelverton announced that Southlake has won an APA Award for a L 8:17:26 PM Council recent project they submitted thanked the staff for their hard work 8:17:56 PM Yelverton said the financial report is in the Council's packet 1 8:18:16 PM David Baltimore 1368 Holland Hill - gave the first ever Senior Advisory Committee report to Council - updated Council on recent and upcoming Senior Center events .. .. .., L -ar 1 9/15/2009 2 of 4 .I, , , City Council meeting - all present (Mayor arrived at Southlake Council Chambers Time Speaker Note 8:22:37 PM Council thanked Mr. Baltimore for his dedication to the seniors in the I , community and for his work for the center 8:23:54 PM Mayor read the consent agenda items into the record -4a, 4b, 4d, 4e, and including item 8a 8:25:16 PM Hill motion to approve the consent agenda as read 8:25:21 PM Jones second - approved consent agenda 7-0 8:25:49 PM public forum no one spoke 8:25:56 PM Alison Ortowski presented item 6a to Council 8:26:36 PM public hearing no one spoke E. 8:26:39 PM Hill motion to approve item 6a 8:26:51 PM Jones second - approved item 6a 7-0 8:27:11 PM Michael James presented item 6b to Council I . 8:31:06 PM public hearing no one spoke 8:31:15 PM Jones motion to approve item 6b 8:31:31 PM Morris second - approved 7-0 L 8:31:52 PM .Sharen Jackson presented items 6c and 6d to Council 8:37:07 PM Mayor commended staff for their work but also thanked Council as a whole for their work on this budget 8:38:11 PM Muller asked what feedback SPIN gave staff 8:38:36 PM Hill in tough economic times, the city is doing very well and Et thanked staff for all of their hard work 8:39:21 PM Morris if you survey surrounding cities in the metroplex we are at the r►' low end of taxes but yet we maintain great services E . 8:40:02 PM public hearing no one spoke 8:40:19 PM Hill motion to approve item 6c in full with a tax rate of .462 IE 8:40:39 PM Muzyka second - approved 6c 7-0 8:41:03 PM Mayor opened no one spoke public hearing on item 6d 8:41:17 PM Hill motion to approve item 6d with a tax rate of .462 8:41:27 PM *Muzyka second - approved 6d 7-0 - Laura Hill recused herself from item 6e and left the meeting she submitted a conflict of interest form 8:43:02 PM Dennis Killough presented item 6e to Council 8:52:32 PM Council asked staff questions regarding parking spaces 8:55:13 PM Allen Taylor referenced a CC&R document that his office was given that I was apparently part of the original property plan that appears there may be a cross access agreement in place L 9:02:02 PM Taylor answered the Council regarding placement of the utility shed and rights of that property owner L 'ow L 9/15/2009 3 of 4 se I , . .. City Council meeting - all present (Mayor arrived at Southlake Council Chambers Time Speaker Note 9:02:48 PM Matt Grant (name?), One Source gets the bill for the shed i .... 201 Freemont Court, Colleyville I 9:04:31 PM Taylor 9:05:34 PM Morris existance of the shed style of initial approval of style of building at this location I 9:09:51 PM Morris needs shrubbery in back too - good base shrubs to give some definition 9:11:33 PM Morris dumpster proximity to trees i9:15:50 PM Grant he believes the entire park has a cross parking agreement i 9:17:47 PM Taylor we are constrains by the requirements of our own procedures, CC&Rs process 9:21:04 PM Morris poorly planned development and road structure and access I9:22:39 PM Jones suggested wording for motion for screening the back of the building i 9:25:36 PM Jones reiterated that applicant will work with staff to put plantings with height and coverage 9:27:06 PM public hearing no one spoke [ 9:27:17 PM Jones motion to approve item 6e the entry will be stone as well and brick will be substantially similar as georgetown buildings and %kw app has agreed to work with staff to determine shurbs for back E of bldg and will be ubject to staff approval, subject to P&Z approval, subject to review • C 9:28:41 PM Muzyka 9:29:14 PM mayor second - approved 6-0 (Hill not present)adjourned meeting . - -- . C C C I I i ..... L9/15/2009 4 of 4 as I 6000 WESTERN PLACE,SUITE 200 TELEPHONE:(817)332-2580 Taylor Olson Adkins Sralla Elm 1-30 AT BRYANT-IRVIN ROAD 1.1.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 L awe E.ALLEN TAYLOR,JR. EXT. 212 ataylor(oltoase.com September 15, 2009 ICONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE IVIA HAND DELIVERY Mayor and City Councilmembers I City of Southlake 1400 Main Street Southlake, Texas 76092 Re: Legality of Executive Session Posting Ertilir Dear Mayor and Councilmembers: You have asked our office to review the executive session posting for the September 15, 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 CGovernment 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 potential contractor Edelay claim. 2. Section 551.072: Deliberation regarding real property Ea. 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. r.. W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.116.09-15-09Wpd.wpd w I September 15, 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. Michael Kenny vs. City of Southlake. April 2008. 2. 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. %re 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. I "li'r W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.116.09-15-09wpd.wpd • I • September 15, 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 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. thw 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 Attorney General has concluded that personnel discussions under this section must pertain to an W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.116.09-15-09wpd.wpd September 15, 2009 Page 4 f� 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 Taylo r. EAT/ds cc: Shana Yelverton 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 I L W:\Southlake\Letters\Mayor&CC LettersVvlayor&CC.EAT.116.09-15-09wpd.wpd C r I I CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § / § COUNTY OF ( CIA k'fL § I, as a member of the » Q the City of Southlake, make this affidavit and herebyon oath state the following: spouse, and/or a g 1, person or persons related to me within the first degree of consanguinity or affini , have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and/or City of Southlake No. 635-A and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. pp The agenda item affecting this business entity or real property is: TL ��L . G{ 1�7/ COMPLETE (A) or(B): (A) The business entity isC- /tr, (name); or S�.tL4 (B) The real property is located at: Log-5- C. ok JJe) I have a substantial interest because I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above-referenced agenda item: (check all which are applicable) Ownership of 10%or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10%of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500.00. tio v , , , Oolo / i l (O reOther: l�`x- � ��e 6� �K 1 /4( � �l �fil I AI 4) (-1.( tC1/) t t k.4 Li;rd)1,-). I Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision and from any further participation by discussion or debate regarding the above-referenced agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in question is being addressed or as soon as practicable once II realized a potential conflict exists. Signed this /S day of �-21✓f , 20 061 . I I Si re Official The State of � 5 § LCounty of a(YGt k § Before me,, Pa__ _ �e , on this day personally appeared ,Cra- I-f i- known to me (or proved to me on the oath of E ) or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and stated that the [vow statements made in this affidavit are within his personal knowledge and true and correct. Given under my hand and seal of office this IS 1 day of '_l,,,, --- , fit( ,.,.,,,,,,,N# At (SEAL) O(2I PA k 49\ I �O PaY pGe % NNotary Public in and or the State of Texas E -,-.. :. ...v. i , 9rOF t. ... \,,„..!4 t...,„, %.,.pptmtlMv_ 0 C E E I -.,..., E i CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: SEPTEMBER 15, 2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. if 1. Call to order. 2. Invocation: Margy Gore, Chaplain of the Month 3. Urban Design — DFW Connector 4. Sidewalk Partnership Program 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. 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 potential contractor delay claim. 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. City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 15,2009 Page 2 of 5 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events 2. Proclamation for Falls Prevention Day 2009 3. Recognition for 2009 Achievement of Excellence in Libraries Award B. City Manager's Report 1. Financial Report i• C. Senior Advisory Committee Report CONSENT AGENDA: All items listed below are considered to be routine by the City i• 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 September 1, 2009 regular CityCouncil 9 meeting. B. Award construction contract for the Quail Creek Neighborhood Sewer to Quality Excavation, Ltd. in the amount of $630,891.15 and authorize Iconstruction phase contingencies. wow, C. This item was intentionally left blank. D. Resolution No. 09-058, Amend the Fee Schedule. E. Resolution No. 09-059, Annual review of investment policy and investment strategies. 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. 598-D and related exhibits, 2nd Reading, revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) neighborhood representation and replacing Ordinance No. 598-C. PUBLIC HEARING B. Ordinance No. 641-A, 2nd Reading, Approve revisions to the floodplain ordinance. PUBLIC HEARING I. 4-- City of Southlake values: Integrity♦ Innovation •Accountability• Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 15,2009 Page 3 of 5 Ir 4.w C. Ordinance No. 962, 2nd Reading, Approving and adopting the Annual Budget for the Fiscal Year 2010 and approving the revised budget figures for the Fiscal Year 2009 and Multi-year Capital Improvements Plan. SECOND PUBLIC HEARING D. Ordinance No. 963, 2nd reading, Tax Levy Ordinance. SECOND PUBLIC HEARING E. ZA09-027, Revised Site Plan for a portion of Georgetown Park on property being described as Lot 4R2, Block 1, Georgetown Park Addition and located at 2625 East Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. SPIN Neighborhood #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: A. Resolution 09-060, Approve a Local Project Advanced Funding Agreement for funding of FM 1709 median irrigation and landscaping with TxDOT. Nor 9. Other items for consideration: (There are no items on this d a ena. g ) 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 i• Hall, 1400 Main Street, Southlake, Texas, on Friday, September 11, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. c4{,4C99WId7/7//I �••• C/�1�V`• ass 't - Lori Payne, TR = >- City Secretary If you plan to attend this publrtlneeig�a��d�have a disability that requires special needs, please advise the City Secretary's OffroW"48' hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 15,2009 Page 4 of 5 s .. EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. Michael Kenny vs. City of Southlake. April 2008. 2. 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. 1■ Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. [. Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes 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 Iinfrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 15,2009 Page 5 of 5 L,,, 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 1� 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. C C C C C I I I I 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 9-/S-9 , City Council meeting on c 4 I- pq , by (O DO a.m.411) 2. That - - ity Council convened in executive session on '9 — IC'-0 7 , at 7 '•0 2- , a.m. p.m. ith the following Councilmembers and staff members 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 Lori Payne, City Secretary Greg Jones City Attorney AI fro�Secretary„. j� Brandon Bledsoe Other staff members: / Pamela Muller 3. That the matters discussed by the Cityit Council were as follows: (1) 1001ek- a. ( Gout-[rac- Gc d&I( uf cIoGLIvvl ,so6fori-,, 6z, ct✓0 &-3CI1rts -/•' /e f Other staff member tsent for (1): Ke„4r (2) vole o-r a.( p� or (eo Erie& ( pro -fry 04'y Gf f r-c°5 I n nnI (► �i s ,L 1e) Other staff members present for (2):6oIo Pace, ��� ,,7 €1 -- (3) P (ta,c l ear, c..P co - at— l k- /� C �� IIr6 t Other staff members present for(3):601Ot"(l ) CJ mot— lot e1 j er (4) Other staff members present for (4): (5) Other staff members present for (5): 4. No formal action was taken by the Council during executive session. 5. That the executive session ended a S 0 r.VYf . oh,. q- I c- . Yati( )to-i,/,,,-( D Lori Payne P�1 John Te City Secretary Mayor N:\City Secretary\Forms\certified agenda 2008.doc