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2009-09-01 CC Packet C „ se erCITY OF SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 1, 2009 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern 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 I 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 Kari Happold, Deputy Director of Community Services Kerry McGeath, Recreation Superintendent Steve Moore, Director of Economic Development Greg Last, Marketing Et and Tourism Coordinator Jill Cherry, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Director of Information Technology Dale Dean, Nov Information Technology Technician Eric Lusk, Director of Planning and Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Clayton Comstock, Planner I Daniel Cortez, Chief of Police Services Robert Finn, Chief of Fire Services Mike Starr, Firefighter / Paramedic Lorin Bros, Fire Lieutenant Wade Carroll, Firefighter / Paramedic Paul Cook, Firefighter / Paramedic Jim Cox, Fire Drive / Engineer Joe Crowder, Firefighter / Paramedic Ricky Davis, Fire Lieutenant Scott Estes, Firefighter / Paramedic Ray Faglie, Firefighter / Paramedic Shane Freeman, DPS Analyst / EMS Coordinator Colleen Gilmore, Fire Driver / Engineer Terry Hankins, Fire Driver / Engineer Richard Hollis, Firefighter / Paramedic Frank Molinets, Fire Driver / Engineer Tony Peyton, Fire Driver / Engineer Ryan Sessums, Firefighter / Paramedic David Sizemore, Fire Lieutenant Marshall Urbanosky, Public Safety Officer Jeff Vogel, Fire L Driver/ Engineer Jason Wise, 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 Tim Sralla, and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell at 5:39 p.m. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 1 of 10 1 Agenda Item No. 2. Invocation. Chaplain of the Month, Margy Gore, gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. FY2010 proposed budget — multi-year outlook. This item was presented and discussed later in the meeting. Agenda Item No. 4. Discuss all items on tonight's meeting agenda. Council reviewed the consent agenda items. Item 7A was added to the Consent Agenda. Mayor Terrell closed the work session at 5:56 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to it order by Mayor Terrell at 5:56 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; 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:56 p.m. Executive Session began at 6:18 p.m. and ended at 7:12 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:24 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, including information on National Preparedness Month. Agenda Item No. 3A2. Special recognition of Girl Scout Troop 4025 members for receiving Presidential Volunteer Service Awards. Mayor Terrell introduced LizAnn Cundall who spoke about the Troop members' volunteer service. Mayor Terrell presented the following Girl Scouts with letters of thanks: Nicole Choate, Ruthie Johnson, Peyton Roennau, Ciara McMurray, Amy Turner, Kiana Truesdale, LeeAnn Rasmussen, Sonja Loy, Shelby Brown, Jasmine Horne, Lizzie Kemins, Kat Swearingen, Courtney Cundall, and Elissa Dunlap. Agenda Item No. 3A3. Proclamation for Polycystic Kidney Disease Awareness Month. Councilmember Morris presented information pertaining to the PKD Walk on September 26, 2009. Mayor Terrell presented proclamations to Carolyn McLean and Lauren MacMillan. Agenda Item No. 3B. City Managers Report. A report was not given. I ft- REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 2 of 10 C I Agenda Item No. 3C. Library Board Report. A written report was provided to Council. Councilmember Morris thanked the staff, Library Board and volunteers for their hard work. She said she was very impressed on the information provided regarding use and volunteer rates. 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 August 18, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. This item was intentionally left blank. Agenda Item No. 4C. Approve Ground and Water Tower Leases for Bicentennial and Florence water towers with Clearwire. A presentation was not made on this item. Agenda Item No. 4D. Approve Change Order No. 2 for additional water line and storm drain improvements to the existing construction contract for Dove Road Intersection and Drainage Improvements with Quality Excavation, Ltd. in the amount of $240,943.27. A presentation was not made on this item. 1E, Agenda Item No. 4E. Approve Change Order No. 1 for electrical modifications to the lbw existing construction contract for the Wholesale Meter Station Improvements with Legacy Contracting, LP in the amount of $53,331.64. A presentation was not made on this item. Agenda Item No. 4F. Resolution No. 09-053, Electing to participate in the PARS Public Agencies Post-retirement Health Care Plan Trust, and designating a Plan Administrator. 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, ELECTING TO PARTICIPATE IN THE PARS PUBLIC AGENCIES POST- RETIREMENT HEALTH CARE PLAN TRUST; DESIGNATING A PLAN ADMINISTRATOR; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4G. Ordinance No. 598-D and related exhibits, 1st 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 answered Council's questions on this item during the work session. Agenda Item No. 4H. Approve a Community Events Participation Agreement with Southlake Chamber of Commerce for the 2009 Oktoberfest event. City Manager Yelverton, Director Last and Marketing and Tourism Coordinator Cherry answered Council's questions on this item during the work session. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 3 of 10 I I Agenda Item No. 41. ZA08-057, Plat Showing Extension for Lots 9-12, J.H. Childress No. 254 Addition on property located at 3010 Lake Drive. Current Zoning: SF-20B Single Family Residential District. SPIN Neighborhood #3. Request for extension to September 1, 2010. A presentation was not made on this item. Agenda Item No. 7A. Ordinance No. 641-A, 1st Reading, Approve revisions to the floodplain ordinance. A presentation was not made on this item. Motion was made to approve consent agenda items 4A; 4C; 4D; 4E; 4F; 4G; 4H; 41; and 7A. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum. Jeff Hauser, 911 Emerald Boulevard, Southlake, Texas along with his wife, Tamara, and son, Ryan, spoke regarding a recent traffic accident involving Ryan. He discussed E. the completion of public sidewalks and crosswalks in Southlake. Tamara Hauser, 911 Emerald Boulevard, Southlake, Texas spoke regarding the completion of public sidewalks and crosswalks in Southlake. Ryan Sessums, President of the Southlake Fire Fighters Association Local 4243, spoke in support of recent decisions made by City administration. Council thanked Mr. Sessums and the fire fighters attending this evening's meeting for their comments and for their continued support and teamwork. Mayor Terrell closed the public forum. Councilmember Jones left the meeting during the next item. Agenda Item No. 6A. Ordinance No. 733-A, 2nd Reading, Approve a speed limit ordinance amending Section 18-80 of the Southlake City Code revising the location of school crossing zones. Director Price presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: L REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 4 of 10 1 C AN ORDINANCE AMENDING SECTION 18-80 OF THE SOUTHLAKE CITY CODE Le/ (1999), AS AMENDED BY REVISING THE LOCATION OF SCHOOL CROSSING ZONES WHICH HAVE A 20 MPH SPEED LIMIT, AND REVISING THE DESIGNATED HOURS OF THE SCHOOL ZONE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 733-A, 2nd Reading, Approve a speed limit ordinance amending Section 18-80 of the Southiake City Code revising the location of school crossing zones. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6B. Ordinance No. 480-590 (ZA09-032), 2nd Reading, Zoning Change and Site Plan for Carroll ISD Middle School on property being described as a portion of Tract 1, a portion of Tract 2A, a portion of Tract 2B1 and a portion of Tract 3, Thomas Mahan Survey, Abstract No. 1049 and being located at 1801 East Highland Street. Current Zoning: AG Agricultural. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #4. Director Baker presented this item to Council. CISD Representative, Dr. Derek Citty, 3051 Dove Road, Grapevine, Texas, along with consultants John Blacker with Hart, Gaugler & Associates, John Haugen with NATEX and Shane Garthoff with Garthoff Design made a presentation and answered Council's questions. Council discussed this request. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS A PORTION OF TRACT 1, A PORTION OF TRACT 2A, A PORTION OF TRACT 2B1, AND A PORTION OF TRACT 3, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 24.935 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 5 of 10 1 • f CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. it Motion was made to approve Ordinance No. 480-590 (ZA09-032), 2nd Reading, Zoning Change and Site Plan for Carroll ISD Middle School noting the request is for S-P-1 zoning and will follow the CS uses and regulations with the exceptions as noted: height as presented, façade / articulation as presented, off-street loading as presented, and requiring fencing to be as noted: CISD will install an 8-foot black-coated chain link fence (granting latitude on the color of the fence to the CISD Board of Trustees) and an 8-foot wood fence where noted on the plan and stating that CISD has committed to following the City's property maintenance standards that are followed by the City of Southlake and, in the future, stating that CISD has agreed that as the property next door develops any changes in fencing materials will be evaluated by all property owners and city staff and will be compatible with what is existing; and subject to Site Plan Review Summary No. 3, dated August 25, 2009 and allowing the following variances as presented: type of Eihme, lighting for the athletic fields and tennis courts, maximum light intensity, maximum vertical spillover, and driveway stacking. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6C. Resolution No. 09-054 (CP09-001), Amendment to the City's Master Plan proposing a change in the Land Use Designation from Low Density Residential to Medium Density Residential, on property described as Tract 2C05, A.H. Chivers Survey, Abstract No. 299 located at 1030 Primrose Lane. Current Zoning: AG Agricultural District. Proposed Zoning: SF-20A Single-Family Residential District. SPIN Neighborhood #3. Planner Cortez presented this item in conjunction with items 6D and 6E. Applicant Paul Spain with Terra Land Management, 395 West Northwest Parkway, Southlake, Texas answered 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, AMENDING THE CONSOLIDATED 2005 FUTURE LAND USE PLAN, AN ELEMENT I --- OF THE SOUTHLAKE 2025 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 6 of 10 No one spoke during the public hearing. Councilmember Muller commented that while Council typically keeps SF-30 zoning next to SF-1A zoning but recognizing the fact that two adjacent property owners have not responded and one has responded in support of this request and with the transition and the uniqueness of this property, she has no trouble with this zoning change. Motion was made to approve Resolution No. 09-054 (CP09-001), Amendment to the City's Master Plan proposing a change in the Land Use Designation from Low Density Residential to Medium Density Residential on property located at 1030 Primrose Lane. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6D. Resolution No. 09-055 (CP09-002), Amendment to the City's Master Plan proposing a change in the Land Use Designation from Low Density Residential to Medium Density Residential, on properties described as Tracts 2, 2B, 2B01, and 2C04A, A.H. Chivers Survey, Abstract No. 299 and Lots 3 and 7, A.H. Chivers No. 299 Addition located at 1080, 1086, 1090 and 1100 Primrose Lane and 1900 North Carroll Avenue. Current Zoning: SF-20A Single Family Residential District, [low SF-30 Single Family Residential District and AG Agricultural District. SPIN Neighborhood #3. Planner Cortez presented this item in conjunction with items 6C and 6E. Applicant Paul Spain with Terra Land Management, 395 West Northwest Parkway, Southlake, Texas answered 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, AMENDING THE CONSOLIDATED 2005 FUTURE LAND USE PLAN, AN ELEMENT OF THE SOUTHLAKE 2025 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN. spoke duringhearing. one the public Motion was made to approve Resolution No. 09-055 (CP09-002), Amendment to the City's Master Plan proposing a change in the Land Use Designation from Low Density Residential to Medium Density Residential on properties located at 1080, 1086, 1090 and 1100 Primrose Lane and 1900 North Carroll Avenue. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 7 of 10 E C Agenda Item No. 6E. Ordinance No. 480-589 (ZA09-021 L, 2"d Reading, Zoning Change and Concept Plan for Lots 5 and 6, Block 1, Primrose Lane, on property being described as Tract 2C5, A.H. Chivers Survey, Abstract No. 299 and being located at 1030 Primrose Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF- 20A Single-Family Residential District. SPIN Neighborhood #3. Planner Cortez presented this item in conjunction with items 6C and 6D. Applicant Paul Spain with Terra Land Management, 395 West Northwest Parkway, Southlake, Texas answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACT 2C05, A.H. CHIVERS SURVEY, ABSTRACT NO. 299, SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 0.986 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" SINGLE-FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN co, THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-589 (ZA09-021), 2nd Reading, Zoning Change and Concept Plan for Lots 5 and 6, Block 1, Primrose Lane subject to Concept Plan Review Summary No. 2, dated July 10, 2009 with the variances as noted. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6F. Ordinance No. 962, 1st 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. City Manager Yelverton, w REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 8 of 10 I Director Jackson, Assistant City Manager Thatcher, Director Price, Director Tribble and Assistant City Manager / Director Blagg presented items 6F, 6G, and 6H to Council. Council discussed these items. No one spoke during the public hearing. Motion was made to approve Ordinance No. 962, 1st 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. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6G. Ordinance No. 963, 1st reading, Tax Levy Ordinance. City Manager Yelverton, Director Jackson, Assistant City Manager Thatcher, Director Price, Director Tribble and Assistant City Manager / Director Blagg presented items 6F, 6G and 6H to Council. Council discussed these items. No one spoke during the public hearing. Motion was made to approve Ordinance No. 963, 1st reading, Tax Levy Ordinance. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6H. Adopt the FY 2010 Crime Control and Prevention District Operating Budget and Multi-year Capital Improvements Plan. City Manager Yelverton, Director Jackson, Assistant City Manager Thatcher, Director Price, Director Tribble and Assistant City Manager / Director Blagg presented items 6F, 6G and 6H to Council. Council discussed these items. No one spoke during the public hearing. Motion was made to adopt the FY 2010 Crime Control and Prevention District Operating Budget and Multi-year Capital Improvements Plan. Motion: Hill Second: Muzyka Ayes'. Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 9 of 10 1 - I Agenda Item No. 9B. Consider SV09-016, Variance to Sign Ordinance No. 704, as �„ amended, for Alamo Title Company located at 700 East Southlake Boulevard, Suite 150. Director Baker presented this item to Council. Applicant Sandy Sidwell, 700 East Southlake Boulevard, Southlake, Texas answered Council's questions. David Flory with Willow Creek Signs, 2633 Blue Mound Road West, Haslet, Texas was also available to answer questions. Council discussed this request. Motion was made to deny SV09-016, Variance to Sign Ordinance No. 704, as amended, for Alamo Title Company located at 700 East Southlake Boulevard, Suite 150. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 (to deny) Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:53 L p.m. *An audio recording of this meeting will be permanently retained in the City i• Secretary's Office. John Terre Mayor ATTEST: •p 'a df� C61g3/4 --- Lori Payne = 0 •`16) City Secretary ,i 0 •••••••...•••• I I I I .... ,,,,,,,,,,,,,,,,,,, rr/ REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 10 of 10 Southlake City Council meeting Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. jeep-— l yviTe/r Name: 1 ��.� ' ��.�.-�C� �7�)'d-�A'V 4-- Date: q/1 / 6/ Address: / / / 61n‘, ,L VJ • ,�, t ' " Phone:_ )._-__ 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 kI wish to speak during Public Forum on an item not on tonight's agenda Topic: P/f LI c / f+ k6.5 4- C(2O 6 Note: To allow everyone an opportunity to be heard,please limit your comments to 3 minutes. bow. timmwo lummIme Iimomarma, ._MO/ ....r J mmino3 Southlake City Council meeting Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: ley4" $e 5u n'LS Date: 9-/ Lee Address: Phone: g-/ V/9 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 XI wish to speak during Public Forum on an item not on tonight's agenda Topic: rf OP ( dorer/l 1 /-�(47' 6y r / J% �I550.eufto,- Note: To allow every' a f an opportunity'to be heard,please limit your co/nments to 3 minutes. tom... b...., ...04 Vim•4 _.J S` 'uthlake City Council meeting -01 Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. � Name: „ ct�/ Date: 4 0 9 Address: 21.0 J 3 c 4 //`Phone: ql 7-g /7 '0S 7 1 I wish to share my views on an Agenda Item: Agenda Item# .?6 V 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 LI wish to speak during Public Forum on an item not on tonight's agenda Topic: Note: To allow everyone an opportunity to be heard,please limit your comments to 3 minutes. Description City Council meeting - all present Date 9/1/2009 Location Southiake Council Chambers L I C I C kir I City Council meeting - all present Southlake Council Chambers LTime Speaker Note f 5:39:11 PM €Mayor called the meeting to order ' L .. 5:39:21 PM Margy Gore led the invocation 5:40:24 PM Mayor led the pledge of allegiance 5:40:33 PM Mayor discussed the consent agenda items -4a, 4c, 4d, 4e, 4f, 4g, L 4h, and 4i, 5:43:29 PM Carolyn Morris asked a question about item 4h - sharing in revenue 5:44:28 PM City Manager Shana discussed the structure of the Oktoberfest event Yelvertin, Greg Last and Jill Cherry 5:47:14 PM :Laura Hill advertising for event- HOT funds useage 5:49:54 PM Mayor detail of estimated costs are needed to give Council a better idea of where dollars are spent 5:52:25 PM 'Pamela Muller recycle bins • 5:53:11 PM Pamela Muller had a question on item 4g -terms of appointments -wording change from shall to may on persons who resign from boards 5:55:29 PM Virginia Muzyka suggested moving item 7a to consent if everyone is comfortable 5:56:01 PM :Mayor Council agreed to move item 7a to the consent agenda 5:56:15 PM Mayor called for an executive session 7:24:32 PM Mayor reconvened the meeting • IL, 7:24:46 PM Mayor gave Mayor's Report 7:25:34 PM *Ann Cundall spoke regarding Girl Scout Troop 4025 for their volunteering f efforts and for receiving Presidential Volunteer Service Awards -the Mayor presented letters of thanks to each girl • • L7:32:27 PM Mayor introduced the proclamation for PKD Awareness Month • 7:32:45 PM Carolyn Morris presented information pertaining to the PKD Walk on September 26 7:35:03 PM Mayor read the proclamation wording into the record 7:37:13 PM Mayor listed upcoming meetings and events - and announced it is National Preparedness Month and how the city is 7:38:53 PM Carolyn Morris spoke about the Library use rate and the volunteer rate for the library -thanked the staff and board and volunteers for making that happen 7:40:00 PM Mayor read the consent agenda items into the record-4a, 4c, 4d, 4e, • 4f, 4g, 4h, 4i, and including item 7a 7:40:34 PM Muzyka motion to approve consent agenda as read 7:40:39 PM Hill second - approved consent agenda items 7-0 (Mayor opened the public forum next) I . 7:41:32 PM Jeff Hauser, 911 spoke regarding the completion of sidewalks and crosswalks in• Emerald Blvd. Southlake Liiiw 9/1/2009 2 of 5 I f' E ' , • City Council meeting - all present Southlake Council Chambers LTime Speaker Note , 7:45:54 PM Tammera Hauser spoke regarding the completion of sidewalks and crosswalks L ....- 7:51:04 PM Mayor spoke to the Hausers regarding their comments 7:58:38 PM Ryan Sessums, spoke during public forum president of the Southlake Fire Fighters Association I Local 4243 • 8:01:16 PM ;Mayor spoke to Mr. Sessums regarding his comments I 8:03:04 PMCouncil made comments to Mr. Sessums 8:04:52 PM Mayor closed public forum 8:05:02 PM Bob Price presented item 6a to Council I8:07:11 PM Greg Jones had to leave the meeting 8:07:53 PM public hearing no one spoke 8:08:13 PM Hill motion to approve item 6a 8:08:28 PM Muzyka second - approved 6a 6-0 8:08:47 PM Ken Baker presented item 6b to Council 8:16:34 PM Applicant Dr. Derek consultants John Hauser, John Blacker, Shane Garthoff were Citty, also present and answered questions 8:19:47 PM Morris asked about maintenance of the wood fence and of the irrigation system kir 8:21:22 PM Hill wood fence wording in motion 8:23:25 PM public hearing no one spoke E , 8:23:33 PM Muller asked question regarding future property owner decisions on metal versus wood fencing 8:24:41 PM Hill motion to approve item 6b following the SP1 zoning with CS I uses as to height, facade, off-street loading, and fencing as noted and cisd has agreed to city's fence maintenance requirements and that any changing in fencing requirements to be agreed on by both property owners; allowing the following variances: lighting, light intensity, spillover, stacking and including review 8:26:52 PM Muzyka second - approved 6b 6-0 8:27:21 PM Daniel Cortez presented items 6c, 6d, and 6e to Council 8:34:18 PM Applicant Paul answered Council's questions Spain, Terra Land Management 8:37:57 PM public hearings no one spoke opened for items 6c, ,6d, and 6e 8:38:22 PM Muller commented on sf30 lots adjacent to sf1 a lots but pointed out the uniqueness of this situation 8:38:52 PM Hill motion to approve item 6c I ft- 9/1/2009 3 of 5 I City Council meeting - all present Southiake Council Chambers Time Speaker Note 8:39:14 PM `Muzyka second - approved 6c 6-0 "' 8:39:30 PM 'Hill motion to approve item 6d noting it is being approved with the variances and the review 8:39:47 PM Muzyka second - approved 6d 6-0 • 8:40:50 PM Hill motion to approve item 6e with varianes as noted and subject to review 8:41:09 PM Muzyka second - approved 6e 6-0 8:42:27 PM City Manager Shana presented item 6f to Council - made initial presentation and Yelverton comments • 8:49:49 PM Sharen Jackson addressed economic conditions and budget sustainability; addressed hypothetical multi year conditions; 8:57:18 PM Council asked questions of staff • 8:58:03 PM Mayor general comments - clear, concise, strong planning in past years brought us here today 8:59:36 PM Brandon Bledsoe fund balances, being proactive and not reactive in years to ' come, 9:01:11 PM Virginia Muzyka great planning brought us here and many cities are not here, • they are struggling and making some very hard decisions today' 9:02:05 PM Carolyn Morris grateful for strategic initiative fund • s 9:03:18 PM Yelverton tough decisions 9:03:32 PM Muller very impressed with department heads for all of their hard work 9:04:31 PM Yelverton strategic add-backs and what they mean in the future 9:04:47 PM Ben Thatcher presented information on the capital improvements program 9:08:00 PM Bob Price discussed specific proposed Public Works projects - streets, water, sewer 9:22:07 PM Chris Tribble presented information on the paths and parkways 9:26:35 PM Jim Blagg presented the capital budget for facilities 9:30:22 PM Ben Thatcher made final comments on CIP 9:32:35 PM Yelverton made final comments on the first reading of the budget, 2nd • public hearings on September 15 9:34:25 PM Mayor opened public hearings for items 6f and 6g 9:34:40 PM public hearings no one spoke 9:35:05 PM Hill motion to approve item 6f 9:35:21 PM Muzyka second - approved 6f 6-0 • 9:35:36 PM Hill motion to approve item 6g 9:35:45 PM Muzyka second - approved 6g 6-0 9:36:04 PM Hill motion to approve item 6h 9:36:11 PM Muzyka second - approved 6h 6-0 9:36:57 PM Ken Baker presented item 9b to Council J • 9/1/2009 4 of 5 1 I City Council meeting - all present Southlake Council Chambers Time Speaker Note 9:42:11 PM Council asked questions of the applicant L, 9:44:36 PM Applicant Sandy there was a representative from Willow Creek Signs present , 700 East but I didn't hear his name, Sandy answered Council's questions! Southlake Boulevard 9:53:10 PM Hill motion to deny item 9b 9:53:22 PM Muzyka second - approved to deny 6-0 9:53:46 PM Mayor adjourned meeting I I C C c C C it 9/1/2009 5 of 5 I r [$0' 6000 WESTERN PLACE,SUITE 200 TELEPHONE:(817)332-2580 Taylor Olson Adkins Sralla Elam I-30 AT BRYANT-IRVIN ROAD L.L.P. TOLL FREE:(800)318-3400 FORT WORTH,TEXAS 76107-4654 FACSIMILE:(817)332-4740 EMAIL:TOASE@TOASE.COM Attorneys itilpCounselors WEBSITE:WWW.TOASE.COM 1 -' TIM G.SRALLA Certified Civil Appellate Law Specialist extension 228 Texas Board of Legal Specialization tsralla@toase.com September 1, 2009 CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE i 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: Etiow You have asked our office to review the executive session posting for tonight's 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 551.072: Deliberation regarding real proeprty I a. Discuss the potential purchase or lease of real property for city facilities. 2. Section 551.074: Deliberation regarding personnel matters Ia. Deliberation of appointments of city board and commission members. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. I i ..... w September 1, 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 1. Jayson Steele vs. City of Southlake. August 2008. Section 551.072: Deliberation regarding real property. The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation regarding prospective gift or donation. The CityCouncil may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation regarding personnel matters. The City Council may deliberate the appointment, employment, evaluation,reassignment, duties, discipline, or dismissal of public officers,including the City Manager, City Secretary, City Attorney,Municipal Judge and city boards and commission members.A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation regarding security devices. The City Council may deliberate the deployment,or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation e berahon 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 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. I September 1, 2009 Page 3 Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety. The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. If you have any additional questions or concerns, ea e feel free to contact our office. S. cerely Ti G. Sralla TGS/as cc: Ms. Shana Yelverton City of Southlake 1400 Main Street Suite 460 Southlake, Texas 76092 Ms. Lori Payne City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 I I C I I I r 1 ElCITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: SEPTEMBER 1, 2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 i� Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order. 2. Invocation: Margy Gore, Chaplain of the Month 3. FY2010 proposed budget— multi-year outlook 4. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:30 P.M. or immediately following the work session 1. Call to order. C. 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: Consulation with city attorney a. Seek advice from the city attorney regarding the Prade Estate. b. Seek advice from the city attorney on potential water damage 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 EP 1 City of Southlake City Council meeting agenda September 1, 2009 Page 2 of 6 E 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events 2. Special recognition of Girl Scout Troop 4025 members for receiving Presidential Volunteer Service Awards 3. Proclamation for Polycystic Kidney Disease Awareness Month B. City Manager's Report C. Library Board 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 August 18, 2009 regular City Council meeting. B. This item was intentionally left blank. EC. Approve Ground and Water Tower Leases for Bicentennial and Florence �"' water towers with Clearwire. D. Approve Change Order No. 2 for additional water line and storm drain improvements to the existing construction contract for Dove Road Intersection and Drainage Improvements with Quality Excavation, Ltd. in the amount of$240,943.27. E. Approve Change Order No. 1 for electrical modifications to the existing construction contract for the Wholesale Meter Station Improvements with Legacy Contracting, LP in the amount of$53,331.64. F. Resolution No. 09-053, Electing to participate in the PARS Public Agencies Post-retirement Health Care Plan Trust, and designating a Plan Administrator. G. Ordinance No. 598-D and related exhibits, 1st Reading, revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) �r neighborhood representation and replacing Ordinance No. 598-C. (If approved on first reading, the public hearing will held be on September 15, 2009.) H. Approve a Community Events Participation Agreement with Southlake Chamber of Commerce for the 2009 Oktoberfest event. City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork EP 1 City of Southlake City Council meeting agenda September 1, 2009 Page 3 of 6 I. ZA08-057, Plat Showing Extension for Lots 9-12, J.H. Childress No. 254 Addition on property located at 3010 Lake Drive. Current Zoning: SF-20B Single Family Residential District. SPIN Neighborhood #3. Request for extension to September 1, 2010. 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. 733-A, 2nd Reading, Approve a speed limit ordinance amending Section 18-80 of the Southlake City Code revising the location of school crossing zones. PUBLIC HEARING B. Ordinance No. 480-590 (ZA09-032), 2nd Reading, Zoning Change and Site Plan for Carroll ISD Middle School on property being described as a portion of Tract 1, a portion of Tract 2A, a portion of Tract 2B1 and a portion of Tract 3, Thomas Mahan Survey, Abstract No. 1049 and being located at 1801 East Highland Street. Current Zoning: AG Agricultural. C. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #4. PUBLIC HEARING Nor C. Resolution No. 09-054 (CP09-001), Amendment to the City's Master Plan proposing a change in the Land Use Designation from Low Density Residential to Medium Density Residential, on property described as Tract 2C05, A.H. Chivers Survey, Abstract No. 299 located at 1030 Primrose Lane. Current Zoning: AG Agricultural District. Proposed Zoning: SF-20A Single-Family Residential District. SPIN Neighborhood #3. PUBLIC HEARING D. Resolution No. 09-055 (CP09-002), Amendment to the City's Master Plan proposing a change in the Land Use Designation from Low Density Residential to Medium Density Residential, on properties described as Tracts 2, 2B, 2B01, and 2C04A, A.H. Chivers Survey, Abstract No. 299 and Lots 3 and 7, A.H. Chivers No. 299 Addition located at 1080, 1086, 1090 and 1100 Primrose Lane and 1900 North Carroll Avenue. Current Zoning: SF-20A Single Family Residential District, SF-30 Single Family Residential District and AG Agricultural District. SPIN Neighborhood #3. PUBLIC HEARING E. Ordinance No. 480-589 (ZA09-021), 2nd Reading, Zoning Change and Concept Plan for Lots 5 and 6, Block 1, Primrose Lane, on property being described as Tract 2C5, A.H. Chivers Survey, Abstract No. 299 and being L •• located at 1030 Primrose Lane. Current Zoning: AG Agricultural District. City of Southlake values: Integrity• Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork ■r 1 City of Southlake City Council meeting agenda September 1, 2009 Page 4 of 6 Requested Zoning: SF-20A Single-Family Residential District. SPIN Neighborhood # 3. PUBLIC HEARING F. Ordinance No. 962, 1st 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. FIRST PUBLIC HEARING G. Ordinance No. 963, 1st reading, Tax Levy Ordinance. FIRST PUBLIC HEARING H. Adopt the FY 2010 Crime Control and Prevention District Operating Budget and Multi-year Capital Improvements Plan. 7. Ordinances, first readings, and related items: A. Ordinance No. 641-A, 1st Reading, Approve revisions to the floodplain ordinance. (If approved on first reading, the public hearing will held be on September 15, 2009.) 8. Resolutions: (There are no items on this agenda.) Ek 9. Other items for consideration: A. This item intentionally left blank. B. Consider SV09-016, Variance to Sign Ordinance No. 704, as amended, for Alamo Title Company located at 700 East Southlake Boulevard, Suite 150. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, August 28, 2009, by 6:00 p.m., pursua t to the Texas Government Code, Chapter 551. '''' ••a.ax«•o ,ate �y� Lori Payne, TRM a�°. • �' _� . • City Secretary = � If you plan to attend this puliiakeet g and,•1 e a disability that requires special needs, please advise the City Secretary's;,Ofi'fcR••48..W+bu,f in advance at 817-748-8016 and reasonable accommodations will be madetq,as 4.4tou�.ss% ,,+„,,,,,,t•'` City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 1, 2009 Page 5 of 6 I 'ew 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. 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. E. Section 551.074: Deliberation regarding personnel matters %iv 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 •..- infrastructure, 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 w City of Southlake City Council meeting agenda September 1, 2009 Page 6 of 6 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. I qftv' C C C C C C C City of Southlake values: Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork w 411.0 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 Regu r Agenda for the 6/-(-O 1 , City Council meeting on S- 2--OG( , by & :CO a.m.aral 2. That t,a City Council convened in executive session on ' -( - , at (o , a.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 "( cra((cc, Brandon Bledsoe Other staff members: Pamela Muller 3. That the matters discussed by the City Council were as follows: (1) & Proje Other staff members present for(1):&06 Pn C&) 14kt ( (2) Rke ti d'er- rkta_16 dGc,i�•t P(lce , -Other staff members present for(2): & to ) )4 I: l�/�rr�� tuc< (3) 11,0 1.<I it (NG�'l er -rray.SoLl SS I U e. Other staff members present for (3): eolo Pf-1e) K eLke j au& 14hd n cYC (4) Other staff members present for (4): (5) Other staff members present for(5): 4. No formal action was taken by the Council during executive session. 5. That the executive session ended on ' -( - Dom( at a.m p.m. !CO: Lori Payne John Terrell City Secretary Mayor N:\City Secretary\Forms\certified agenda 2008.doc