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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, rr`r 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: S Agenda Item No. 1. Call to order. The Work Session was called to order by Mayor a 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 L 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. +rig Mayor Terrell stated that Agenda Item 3A2 will be heard prior to the Executive Session. PI 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 IP 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. I 16► 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. o 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 iir 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. is 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 r 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. lis 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 fis 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 16 REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010 Page 4 of 7 iv V , 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. 1116 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. i 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 Wr 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 i�. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010 Page 6of7 tr. r . - • L 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. a *An audio recording of this meeting will be permanently retained in the City Secretary's Office. a John Terrell --CC9 Mayor ATTEST: a .F. 4a- 0• Lori Payne City Secretary 1�1 4111, a tta taP a a a REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010 Page 7 of 7 L " ' . 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 r . 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 � �� L ° 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 " ' , , '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 ^ � 6 f%W IP PR ` ' � '%W [ . , 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 is 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 r • 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 fr Suite 460 Southlake, Texas 76092 rtir October 19, 2010 Page 4 Ms. Lori Payne City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 r as p P r iP Q5 sib r S r E W:\Southlake\Letters\Mayor&CC Letters\10.19.10.EAT.wpd t1 • ( 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 ir F 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 rr 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._,";,„_,,,, UM-bald • o f e f% a• • 4••i \\\ 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. ilk 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. all di a di City of Southlake values: Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork