2010-10-19 CC Packet r • 1 ,
CITY OF OFFICIAL RECORD
SOUTHLAKE
it TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 19, 2010
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Laura K. Hill, Deputy
Mayor Pro Tern Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A.
Muller, Jeff Wang and Al Zito.
• CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Diu 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, Assistant to the Director of Community Services Candice Sanders, Director of
Economic Development Greg Last, Marketing and Tourism Coordinator Jill Lind,
'"" Director of Finance Sharen Jackson, Director of Human Resources Stacey Black,
+� *ay Director of Information Technology Dale Dean, Director of Planning and Development
Services Ken Baker, Planner II Richard Schell, Planner I Lorrie Fletcher, Director of
I" Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Operations
• Manager Chuck Kendrick, Civil Engineer Cheryl Taylor, Civil Engineer Steve Anderson,
Deputy Chief of Fire Services Bryan Thomas, Deputy Chief of Police Services Rusty
Ift
Daniels, Firefighter John Ard, Firefighter James Cox, Firefighter Scott Dymond,
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Lieutenant Shawn Fannan, Engineer Jason Moloney, Engineer Tony Peyton, Firefighter
Randy Potter, Engineer Trey Porter, Firefighter Matthew Stacy, Firefighter Jeff Vogel,
Sergeant Dwayne Letz, Officer Brian Fitzgerald, City Attorney E. Allen Taylor, and City
Secretary Lori Payne.
r WORK SESSION:
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Agenda Item No. 1. Call to order. The Work Session was called to order by Mayor
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Terrell at 5:35 p.m.
Agenda Item No. 2. Invocation. Clayton Reed from Southlake Baptist Church
International gave the invocation. Mayor Terrell led the pledge of allegiance.
Agenda Item No. 3. Presentation of Life Saving Awards. Mayor Terrell read a report
about a near tragic event that occurred in Southlake on August 7, 2010. Seven year old
Rohan Rumalla passed out and went unconscious while playing in a pool. The Mayor
presented Life Saving Awards to Southlake DPS members and friends of the Rumalla
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010
Page 1 of 7
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familywho helped save
p a e his life that day: Landri Shelton, Morgan Lorant, Ramesh
Srinivasan, Firefighter John Ard, Firefighter James Cox, Firefighter Scott Dymond,
Lieutenant Shawn Fannan, Engineer Jason Moloney, Engineer Tony Peyton, Firefighter
Randy Potter, Engineer Trey Porter, Firefighter Matthew Stacy, Firefighter Jeff Vogel,
Sergeant Dwayne Letz, Officer Brian Fitzgerald, and Officer James Sutton.
Rohan's father and mother, Vishnu and Smita, were present to assist the Mayor with the
presentation of the awards. Following the Life Saving Awards presentation, the Mayor
stated that the Rumalla's have also stated that they wish to make an initial $10,000
donation to the city for a water safety program and $5,000 a year until his daughter
graduates high school. The Mayor stated that he has suggested to the Rumalla's of
putting these funds towards the Safety Town program.
Agenda Item No. 4. Update on Big Game Event. Director Tribble discussed holding a
pre-event party in Southlake on February 5, 2011 and answered Council's questions
regarding the event.
Agenda Item No. 5. Discuss all items on tonight's meeting agenda. No action was taken
during the Work Session and each item was considered during the Regular Session.
Council reviewed the items on the Consent Agenda.
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Mayor Terrell stated that Agenda Item 3A2 will be heard prior to the Executive Session.
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Agenda Item No. 3A2. Mayor's Report — Baylor Regional Medical Center at Grapevine
update. Doug Lawson with Baylor Regional Medical Center at Grapevine presented the
State of the Hospital. He discussed existing and upcoming hospital programs as well as
potential changes due to healthcare reform.
OPP REGULAR SESSION:
Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to
order by Mayor Terrell at 7:12 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 the city attorney; Section 551.072, deliberation regarding real
property; Section 551.074, deliberation regarding personnel matters; and Section
551.087, deliberation regarding economic development negotiations. City Council
adjourned for Executive Session at 7:12 p.m. Executive Session began at 7:36 p.m. and
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ended at 8:14 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:24
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
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REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010
Page 2 of 7
Agenda Item No. 'q 3A1. Mayor's - Update of upcoming meetings and events.
Mayor Terrell announced upcoming meetings and events. Mayor Pro Tern Hill
discussed the October 26, 2010 SPARK meeting.
Agenda Item No. 3B. City Manager's Report. There was no report given.
CONSENT AGENDA: Consent Agenda items are considered to be routine by the City
Council and are enacted with one motion. The Mayor read the Consent Agenda items
into the record.
Agenda Item No. 4A. Approve the minutes from the October 5, 2010 regular City
Council meeting and the October 5, 2010 joint work session with City Council and the
Planning and Zoning Commission. The minutes were approved as presented.
Agenda Item No. 4B. Approve Amendment No. 3 to the existing Professional Services
Agreement for design services on the F.M. 1709 sidewalks with Jacobs Engineering
Group in the amount of$49,130. A presentation was not made on this item.
Agenda Item No. 4C. Approve a Professional Services Agreement for design services
"` on the 20-inch water line along State Highway 114 from Southlake Town Square to
rr� North White Chapel Boulevard with Cheatham & Associates, Inc. in the amount of
$134,410. Director Price presented this item to Council during the Work Session.
lb low Agenda Item No. 4D. Ordinance No. 598-E, 1st Reading, Ordinance No. 598-E and
related exhibits, revising aspects of the Southlake Program for the Involvement of
Neighborhoods (SPIN) Code of Conduct and replacing Ordinance No. 598-D. Assistant
to the City Manager Ortowski presented this item during the Work Session and
answered Council's questions. After discussion, Council directed staff to leave in the
last phrase in Section 1.3.
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Agenda Item No. 4E. Award purchase of paving equipment from Holt Caterpillar, Inc. in
the amount of $470,695 through the BuyBoard® government purchasing program. A
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presentation was not made on this item.
Agenda Item No. 4F. Ordinance No. 985, 1st Reading, Dedicate a permanent utility,
drainage and wall easement from city-owned park property located at 700 North Kimball
Avenue for the purpose of constructing future street improvements. A presentation was
not made on this item.
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Agenda Item No. 4G. Ordinance No. 480-600 (ZA10-053), 1st Reading, Zoning Change
and Concept Plan for_property being described as Tract 2B2A, William H. Martin
Survey, Abstract No. 1068, and being located at 1742 Our Lane. Current Zoning: AG
Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN
as
Neighborhood #5. A presentation was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010
Page 3 of 7
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fir.
ii Agenda Item No. 4H. Ordinance No. 480-599 (ZA10-052), 1st Reading, Zoning Change
and Concept Plan for property being described as Lot 1, Block 1, Charles W. Halfman
L Addition, and Tract 9D6, J.J. Freshour Survey, Abstract No. 521, and being located at
2555 and 2527 Florence Road. Current Zoning: SF-1A Single Family Residential District
and AG Agricultural District. Requested Zoning: SF-2 Single Family Residential District.
SPIN Neighborhood #11. Planner Schell presented this item during the Work Session
and answered Council's questions.
7 Agenda Item No. 41. Ordinance No. 980, 1st Reading, Southlake 2030 Southeast Sector
Land Use Plan. Director Baker presented this item during the Work Session and
discussed it with Council. Council agreed to approve the plan as presented but directing
iii- staff to pull out the properties around South Kimball Avenue and Crooked Lane and
address those areas separately as discussed.
din Mayor Terrell read a comment card from Teresa Thompson, 1395 Hideaway Lane
West, Hideaway, Texas who registered opposition but indicated she did not wish to
e speak.
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Agenda Item No. 4J. Ordinance No. 480-598 (ZA10-039), 2nd Reading, Zoning Change
+t* and Concept Plan for Southlake Montessori on property being legally described as Lot
r0 4, Block 1, Pecan Creek Addition and being located at 731 Zena Rucker Road. Current
Zoning: 0-1 Office Zoning District. Requested Zoning: S-P-2 Generalized Site Plan
wi Zoning District. SPIN Neighborhood #9. This item was tabled to the November 2, 2010
116 NIII,,, City Council meeting at the applicant's request.
Motion was made to approve Consent Agenda items 4A; 4B; 4C; 4D and to direct staff
iirs to leave in the last phrase in Section 1.3; 4E; 4F; 4G and to include the city attorney's
statement: "...the city has previously received requests of a similar nature to allow the
rezoning and concept plan approval of a specific tract of land for the development of a
r single family residential unit and the lot that is proposed for development lies along a
non-public access way, a private street or private access drive. As a condition of
IP approval, the City has always considered the granting of a variance to our subdivision
r regulation ordinance. Our subdivision regulation ordinance requires that all single family
lots front on public streets but we have the right to grant variances. The staff would
propose that on item 4G that if Council is prepared to approve this zoning change and
a concept plan that as a condition of the variance that the applicant be required to install
or construct a public equivalent water line and system as mandated by our City's
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development regulations for sites upon which SF-1A zoned property is to be developed.
is We also include as a caveat of variance approval the acknowledgment by the owner
that there is no public street or right-of-way accessing the property and unless the entire
tract is consolidated and a complete subdivision plat or plan is submitted, the City will
iiii not be constructing and maintaining a public roadway to the site and whatever access
the owner has they will have on the private drive or roadway as it currently exists
tip
without maintenance support from the city."; 4H; 41 but directing staff to pull out the
'�' properties around South Kimball Avenue and Crooked Lane and address those areas
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REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010
Page 4 of 7
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separately as discussed; and to table item 4J to the November 2, 2010 City Council
meeting.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum. No one
le spoke. Mayor Terrell closed the public forum.
olt Agenda Item No. 6B. Resolution No. 10-055 (ZA10-055), Specific Use Permit for a
a Mass Gathering for Home for the Holidays and Tree Lighting event on property being
located at Southlake Town Square. Current Zoning: DT Downtown District. SPIN
Neighborhood #8. Planner Fletcher presented this item and answered Council's
questions. Council discussed this item. Applicant Carla Chase with Inland Southwest
Management, LLC answered Council's questions. Monique Schillwood with Greater
Southlake Women's Society also addressed Council's questions.
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In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR
SI HOME FOR THE HOLIDAYS AND FESTIVAL OF TREES ON PROPERTY WITHIN
THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT SOUTHLAKE TOWN SQUARE,
1420 DIVISION STREET, BEING DESCRIBED AS SOUTHLAKE TOWN SQUARE,
PHASE ONE, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND
AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
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No one spoke during the public hearing.
+� Motion was made to approve Resolution No. 10-055 (ZA10-055), Specific Use Permit
for a Mass Gathering for Home for the Holidays and Tree Lighting event for a one (1)
year period.
Motion: Hill
Second: Zito
174 Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7-0
Agenda Item No. 6C. ZA10-056, Site Plan for a shade structure at Eubanks
tiv Intermediate School on property being described as Lot 1R, Block 1, CISD No. 4
Addition, and being located at 500 South Kimball Avenue. Current Zoning: CS
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REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010
Page 5of7
Community Service District. SPIN Neighborhood #8. Planner Schell presented this item
and answered Council's questions. Applicant Trish McKeel, Assistant Principal of
Eubanks Intermediate School, addressed Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA10-056, Site Plan for a shade structure at Eubanks
Intermediate School.
Motion: Hill
Second: Zito
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
r Nays: None
Approved: 7-0
Agenda Item No. 6D. Ordinance No. 983, 2nd Reading, Southlake 2030 Central Sector
ar Land Use Plan. Director Baker presented this item and 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 ADOPTING THE CENTRAL SECTOR PLAN AS AN ELEMENT OF
THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE.
,� No one spoke during the public hearing.
Motion was made to approve Ordinance No. 983, 2nd Reading, Southlake 2030 Central
Sector Land Use Plan.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
oto Approved: 7-0
e
Agenda Item No. 9A. Consider SV10-021, Variance Sign Ordinance No. 704, as
amended, for Chase Bank located at 1700 East Southlake Boulevard. Planner Fletcher
is presented this item and answered Council's questions. Applicant Larry Schwartz, 850
Summerdale Road, Summerdale, New Jersey answered Council's questions.
• Motion was made to approve SV10-021, Variance Sign Ordinance No. 704, as
amended, for Chase Bank located at 1700 East Southlake Boulevard with the requested
variances.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Terrell, Wang
as Nays: Muller, Zito
Approved: 5-2
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REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010
Page 6of7
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Agenda Item No. 10A. Discussion: Review recommendations of the DFW Connector
Landscaping Plan. Director Baker presented this item and answered Council's
questions. Director Tribble also addressed Council's questions.
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:40
p.m.
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*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
a John Terrell --CC9
Mayor
ATTEST:
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Lori Payne
City Secretary
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REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010
Page 7 of 7
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LOG OF PROCEEDINGS ELECTRONICALLY RECORDED
LDescription cUY Council meeting -all present
� Date 10V19/2010 Location South|oka��ounoi| ��hombero
��
�� Time Speaker Note
6 6 :36:O7PYN `K8ayor `oa||md meeting hoorder
� �
5 �35�18pK8 ::Clayton Qovothe invocaUon
� � � |
.5 :37:04PyW Mayor led the pledge ofallegiance
5 :37:[7PM `Mayor `introduced thecircumntances
5 :38:02PyN `Father of the victim ^addressed the audience regarding his non\y accident-Mayor
. FlohanRumoUa.Vishnu presented each participant with a life saving award and Rusty
0_ ! RumaUa Daniels and Bryan Thomas presented the officers with pins
'5 :68:40PyW Chris Tribble presented information on the Big Game Day-pre-party on
February 5. 2011 and answered questions
8 :07:18PyW `Council `discussed this item
�8 �17�58PyW `K8oyor reviewed consent 4b 4c 4d 4e 4f 4g 4h
�� . � . . . . . . . .
6 :19:05PyW Muller and Morris asked item 4d removed from consent and considered onthe
��
�� regular agenda
, ,
8 :19:58pyW yNonia asked item 4gbobe removed from consent and considered on
the regular agenda
~ 0 :21:11 PM Zito asked item 4htobe removed from consent and considered on
� the regular agenda
'8 :22:00P[N ^Director Baker ^addressed item 4| and residents'concerns
6 :26:17PK8 `Council `discussed the area on Kimball Avenue that iaof concern ' if
61 %W Council approves the plan in item 4ino presented and staff will
' pull out the properties discussed with concerns over bySouth
Kimball and Crooked Lane
'6 :31:28PYW Bob Price presented item 4C regarding water line connection
�8 :33:48PyW A|ioonOdovvehi presented item 4d changes bo SPIN ordinance
m� .8 :38:08PyW yWonin executive committee(comprised of chair, vice chair, and
. omorabary); concern about removal of section 1.3;
� 6 :37:37PK8 ^B|adaoa ^addressed change shown in section 1.3
-- 8 :38:1O PM `Zibo ^goes bu the core of what SPIN fundamentally ioabout
8 :40:00pyW ^Council ^suggested modifications bn section 1.3
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8 :43:55pyW Zito HOA listing should bacontacted
-- '6 :45:27PYN `B|adaoa `code of conduct and expectations of SPIN members-other
volunteer organizations should know what they are being
� accountable for
-- 6 :47:06PK8 Y'a|vadon suggested the possibility of leaving the last sentence insection
1.3
8 :48:28PyW Council agreed bo leave in the last sentence in section 1.3 |n the SPIN
ordinance
'6 :53:19PyW Richard Schell A|Zito asked if item 4H could bmSF1 instead of8F2 - Mr.
Schell explained about accessory structures
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6 :58:01 PM Mayor stated that item 4d will remain on consent with leaving the last
sentence in the section i.3. item 40 was removed, item 4iwill
L remain on consent with instructions to staff bo further evaluate
� � those properties
�
��
L8 :58:3OPyW ^yWayor `a||ovmedDoug Lawson to speak now since the meoUngio
� running behind -item 3A2 -Mayor's Report
" 7 �OO'2OPyN [�ouQLawson ofBaylor addressed C�ounni| regarding some upcoming changes bothe
�� � .
Hospital hospital designed to meet the needs of the community
~r 7 :10:57pyW ^Council `thanked Mr. Lawson and the hospital in general for their
m� service bo the community
7 :12:55PyW Mayor called for en executive session
'8 :20:53PyW Mayor reconvened regular session
=~ 8 :21:28PyN Mayors Report upcoming events and meetings
8 :21:44PyN Laura Hill discussed upcoming SPARK meeting
�
8 ��3'iOPyW Mayor announced upcoming GVVATevent on October 3O and listed
� � �
~~ the locations of the effort
8 :24:19PyW `no city managers report ^
m� 8 :24:24PK8 Mayor read consent agenda items-4a. 4b. 4o. 4d leaving the last
phrase in the first paragraph oo discussed, 4e. 4f. 4Qincluding
city attorney comments, 4h. 4i and instruct staff bohold
separate meeting bo evaluate a portion of that property, and to
bob|o item 4jto 11-2-10
^ 0 ��5�28PyW oUanbey|or item 4g -anncondiUonof approval the city oUvm osovohnnme
Mm�� � �
m�
�~ to the subdivision ordinance app to install or construct a public
' for sites zoned uf1n and acknowledgement by owner there ia
�
no public street or row accessing property and unless there in
` o overall plan the city wont provide etc'
��
7 -8 :28:23PyW Hill motion bo approve consent agenda with attorney comments
'8 :28:28PyN `B|adaoo `second -approved consent agenda 7-Oonread
.'G '28'62 PM ^.public forum ^, no one spoke
m� 8 :28:48 PM Lonio Fletcher presented item 0bbocouncil
8 :35:42PyN `App|inontCodaChama- `answered Councils questions
w� Inland
�
is 8 :43:54PyW K8oniqueShiUvmood answered Counci|'oquestions
8 :44:58PK8 Council discussed this request relating ho auto sponsorship
8 :49:26PK4 public hearing no one spoke
8 :49:34PYN Hill motion bo approve item Gb for o one year period
8 :48:61 PM Bledsoe second -approved item Gb7-O
8 :60:19PyW Richard Schell ipresented item GnhoCouncil
` 8 :54:59PK8 Applicant Trish McGill Assistant principal of Eubanks-addressed pole color
8 :58:34PyW `public hearing `no one spoke
^ 8 :66:41 PM ^Hill ^motion bo approve item 8o
� 8 :56:55PK4 `Zibo `second -approved item 8o7-O
%w 8 :57:54PK8 ^Ken Baker ^presented item GdtoCouncil
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,
'9 :08:36 PM Mayo, ��� ��C�n�| h����G��e� � ��r
' laptops
L 9 :10:02PM 'Carolyn Morris ^said she needs o computer at her dais seat, Muller agreed
mr �
L `m� 9 :13:11 PM public hearing no one spoke
8 :13:18PK4 Hill motion toapprove item8d
9 :13:23PK8 Bledsoe second 'approved Gd7-U
9 :14:49PK8 LoniaF|etohor presented item 8atoCouncil
'9 :18:30PK4 Applicant Larry Schwartz answered Councils questions
8 :21:27PyN 'Hill `motion bo approve item Sa
9 :21:39PyW 'EUedaoo ^second -approved 5-2 (Zibo. Muller)
Q :23:14PyW ^Nen Baker ^preaantad item 1Oa and answered Counci|\yquestions
N� 0 :30:66PK8 Chris Tribble addressed Councils questions about intensity ofmaintenance
PP .8 :40:61 PM ^K8ayor ^adjourned meeting
^
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600c/WESTERN PLACE,SUITE 200 Taylor Olson Adkins Sralla Elam TELEPHONE:(817)332-2580
1-30 AT BRYANT-IRVIN ROADE L.L.P. TOLL FREE:(800)318-3400
FORT WORTH,TEXAS 76107-4654 FACSIMILE:(817)332-4740
IAIL:TOASECTOASE.COM Attorneys Counselors WEBSITE:WWW.TOASE.COM
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E.ALLEN TAYLOR,JR.
ataylor@toase.com
October 19, 2010
CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE
VIA HAND DELIVERY
Mayor and City Councilmembers
City of Southlake
1400 Main Street
Southlake, Texas 76092
ir Re: Legality of Executive Session Posting
lib
Dear Mayor and Councilmembers:
Fr
iir r`,, You have asked our office to review the executive session posting for the October 12,2010,
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
Goverment 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 gas drilling and
production and gas utility companies.
r b. Seek advice of the city attorney regarding conflict of interest -
Discuss Chapter 171 and City Code of Ethics.
c. Seek advice of the city attorney regarding city ordinances related
to gas drilling and production and gas utility companies.
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
Ei (kw litigation,or a settlement offer,or on a matter in which the duty of the attorney to the City Council
I
October 19, 2010
Page 2
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. Jayson Steele vs. City of Southlake. August 2008.
2. Pending Public Information Act requests.
3. Texas Attorney General litigation defending the constitutionality of the Texas Open
Meetings Act.
4. Legal issues regarding the Barnett Shale gas extraction and transportation.
F.s
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.
14411V Section 551.074: Deliberation regarding personnel matters
The CityCouncil maydeliberate the appointment, employment, evaluation reassignment,
pP 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. Under Attorney General opinions rendered
in different contexts, the Attorney General has concluded that personnel discussions under this
section must pertain to an individual, rather than a class of employees. Further, under Section
551.074, the city council may deliberate the appointment, employment, evaluation, reassignment,
iis duties, discipline, or dismissal of a city officer, including the city manager and city secretary.
trf 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
OP
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.
fr %br
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October 19, 2010
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,
iir 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
6information.
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.
If you have any additional questions or concerns,please feel free to contact our office.
Sincerely,
cc!
E. Allen Tayl , Jr.
EAT/ds
cc: Ms. Shana Yelverton
City of Southlake
1400 Main Street
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Southlake, Texas 76092
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October 19, 2010
Page 4
Ms. Lori Payne
City of Southlake
1400 Main Street
Suite 270
Southlake, Texas 76092
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( CITY OF
SOUTHLAKE
TEXAS
so REGULAR CITY COUNCIL MEETING: OCTOBER 19, 2010
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
I WORK SESSION: 5:30 P.M.
1. Call to order.
2. Invocation: Clayton Reed, Chaplain of the Month
3. Presentation of Life Saving Awards
4. Update on Big Game Event
1 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: Immediately following the work session
1. Call to order.
is
law 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
1111 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 attorney
a. Seek advice of the city attorney regarding gas drilling and
production and gas utility companies.
b. Seek advice of the city attorney regarding the application
and enforcement of city zoning regulations and site plan
requirements associated with Carroll Independent School
is
District properties.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
3. Section 551.074: Deliberation regarding personnel matters
. 'Sr a. Deliberate the appointment of the City Secretary position.
City of Southlake values:
Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 19, 2010
Page 2 of 6
4. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
" 2. Baylor Regional Medical Center at Grapevine update
B. City Manager's 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 the minutes from the October 5, 2010 regular City Council
,I, meeting and the October 5, 2010 joint work session with City Council and
the Planning and Zoning Commission.
lope
B. Approve Amendment No. 3 to the existing Professional Services
Agreement for design services on the F.M. 1709 sidewalks with Jacobs
Engineering Group in the amount of $49,130.
C. Approve a Professional Services Agreement for design services on the
20-inch water line along State Highway 114 from Southlake Town Square
to North White Chapel Boulevard with Cheatham & Associates, Inc. in the
rto, amount of$134,410.
D. Ordinance No. 598-E, 1st Reading, Ordinance No. 598-E and related
exhibits, revising aspects of the Southlake Program for the Involvement of
Neighborhoods (SPIN) Code of Conduct and replacing Ordinance No.
598-D. (If approved at 1st Reading, the Public Hearing will be held on
November 2, 2010.)
E. Award purchase of paving equipment from Holt Caterpillar, Inc. in the
amount of $470,695 through the BuyBoard® government purchasing
program.
F. Ordinance No. 985, 1st Reading, Dedicate a permanent utility, drainage
and wall easement from city-owned park property located at 700 North
Kimball Avenue for the purpose of constructing future street
City of Southlake values:
Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
[i•
City of Southlake
City Council meeting agenda
October 19, 2010
Page 3 of 6
improvements. (If approved at 1st Reading, the Public Hearing will be held
on November 2, 2010.)
G. Ordinance No. 480-600 (ZA10-053), 1st Reading, Zoning Change and
Concept Plan for property being described as Tract 2B2A, William H.
Martin Survey, Abstract No. 1068, and being located at 1742 Our Lane.
Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single
Family Residential District. SPIN Neighborhood #5. (If approved at 1st
Reading, the Public Hearing will be held on November 2, 2010.)
H. Ordinance No. 480-599 (ZA10-052), 1st Reading, Zoning Change and
Concept Plan for property being described as Lot 1, Block 1, Charles W.
Halfman Addition, and Tract 9D6, J.J. Freshour Survey, Abstract No. 521,
and being located at 2555 and 2527 Florence Road. Current Zoning: SF-
1A Single Family Residential District and AG Agricultural District.
Requested Zoning: SF-2 Single Family Residential District. SPIN
i' Neighborhood #11. (If approved at 1st Reading, the Public Hearing will be
101 held on November 2, 2010.)
I. Ordinance No. 980, 1st Reading, Southlake 2030 Southeast Sector Land
Use Plan. (If approved at 1st Reading, the Public Hearing will be held on
November 2, 2010.)
pro J. Ordinance No. 480-598 (ZA10-039), 2nd Reading, Zoning Change and
Concept Plan for Southlake Montessori on property being legally
described as Lot 4, Block 1, Pecan Creek Addition and being located at
731 Zena Rucker Road. Current Zoning: 0-1 Office Zoning District.
Requested Zoning: S-P-2 Generalized Site Plan Zoning District. SPIN
Neighborhood #9. THE APPLICANT HAS REQUEST TO TABLE THIS
ITEM TO THE NOVEMBER 2, 2010 COUNCIL MEETING. (THIS IS THE
4TH TIME THIS ITEM HAS TABLED.)
REGULAR AGENDA:
ire
5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.)
6. Ordinances, second readings, public hearings, and related items:
A. This item intentionally left blank.
B. Resolution No. 10-055 (ZA10-055), Specific Use Permit for a Mass
Gathering for Home for the Holidays and Tree Lighting event on property
i being located at Southlake Town Square. Current Zoning: DT Downtown
District. SPIN Neighborhood #8. PUBLIC HEARING
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City of Southlake values:
1, Integrity♦ Innovation ♦ Accountability• Commitment to Excellence ♦ Teamwork
L
City of Southlake
City Council meeting agenda
October 19, 2010
Page 4 of 6
C. ZA10-056, Site Plan for a shade structure at Eubanks Intermediate School
on property being described as Lot 1R, Block 1, CISD No. 4 Addition, and
being located at 500 South Kimball Avenue. Current Zoning: CS
!!"' Community Service District. SPIN Neighborhood #8. PUBLIC HEARING
so
D. Ordinance No. 983, 2nd Reading, Southlake 2030 Central Sector Land Use
Plan. PUBLIC HEARING
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7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Consider SV10-021, Variance Sign Ordinance No. 704, as amended, for
Chase Bank located at 1700 East Southlake Boulevard.
it 10. Other items for discussion:
A. Review recommendations of the DFW Connector Landscaping Plan.
10` `"'' 11. Meeting adjourned.
re
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
So Hall, 1400 Main Street, Southlake, Texas, on Friday, October 15, 2010 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 5,51._,";,„_,,,,
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If you plan to attend this public meeting and have a disabiOtt'ttt'requires special needs, please
advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable
accommodations will be made to assist you.
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City of Southlake values:
Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 19, 2010
Page 5 of 6
EXECUTIVE SESSION
or
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. Jayson Steele vs. City of Southlake. August 2008.
2. Pending Public Information Act requests.
fts 3. Texas Attorney General litigation defending the constitutionality of the Texas
• Open Meetings Act.
4. Legal issues regarding the Barnett Shale gas extraction and transportation.
�t.
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
'116 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
flP 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.
City of Southlake values:
Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 19, 2010
Page 6 of 6
Section 418.183(f): Texas Disaster Act
+rltr 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
a 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
+i 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
do 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.
11111 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.
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City of Southlake values:
Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork