The URL can be used to link to this page

2010-10-05 CC Packet CITY OF SOUTHLAKE TEXAS JOINT CITY COUNCIL AND PLANNING AND ZONING COMMISSION WORK SESSION 6 OCTOBER 5, 2010 LOCATION: Southlake Town Hall 1400 Main Street Council Chambers / Executive Conference Room Southlake, Texas 76092 TIME: 4:30 p.m. 1. Call to order. 2. Discussion: Review of the City's Comprehensive Plan, Zoning Ordinance, Gas and Oil Well Drilling and Production Ordinance and Road Repair Agreement as each pertains to gas drilling and production and gas utility operations. 3. 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 11" %P' attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council and the Planning and Zoning Commission to seek advice from the City Attorney as to the posted subject matter of this meeting. is 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 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. B. Reconvene: Reconvene the meeting and take any action necessary on items discussed in Executive Session. I 4. Discussion: Overview of emerging technologies and operational practices related to gas drilling and production and gas utility companies. 5. Discussion: Regulation and evaluation of gas drilling and production and gas utility operations and possible secondary effects of such operations. City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork r•• - City of Southlake Joint City Council -P&Z work session agenda € October 5, 2010 Page 2 of 4 6. Meeting adjourned. CERTIFICATE mit I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, October 1, 2010, by 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. chAA_-p .1:- 0 • Lori Payne, TRM m o City Secretary ••.....S.. `,.=? If you plan to attend this public nit gli�ng�mlc�ilvbve a disability that requires special needs, please 010 advise the City Secretary's Office 4�' hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. di iir iso a a a a E. City of Southlake Joint City Council - P8Z work session agenda October 5, 2010 Page 3 of 4 IN 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. 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. riff 4. Legal issues regarding the Barnett Shale gas extraction and transportation. 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 tir The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City • Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for err implementation of security personnel or devices. Section 551.087: Deliberation regarding economic development negotiations is 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. of 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 $ . +�. City of Southlake Joint City Council -P8Z work session agenda 4 October 5, 2010 Page 4 of 4 ire ,. 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 dr 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 di 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. tint lot m W1 r e e ' ~~ L ^ LOG OF PROCEEDINGS ELECTRONICALLY RECORDED L DescriptionJoint work session with Council and P&Z � . Date 10/5/3010 Location Gouth|aha Council ��hambmna PI �w Time Speaker Note 0� 4 :4O:28PYN `YNayor `called work session toorder 4 :40:30PK8 Director Ken Baker outlined the agenda for the meeting, outlined the general process ofan oil and gas application and process � 6 :10:23PWY !DireotorBobPhoe addressed points in the road repair agreement 6 :10:27PK8 Director ShanenJackson addressed the mainboinanmaof the revolving account and the �= insurance and indemnification language 5 :18�2OPYN Baker oonUnuedreview of the ordinance � � . 5 :27:29pWY Mayor/Council discussed holding o joint meeting with p&Z when the first opp|iooUonoomeafonwand -notfaodtnoohinQ-workaoaaion - cvaahea checklist and flag items for discussion and issues to bo|oohadatooajointgnoup -noontionthot firstnight-junto �� 0r meeting to ask quendonoofstaff �� 5 :32:14PK8 `Jookaon `possibly make$15Ka minimum amount in the account .6 :33:04PM TimGralla addressed question regarding coverage 5 :34:32 P&1 Mayor iooUed for an exec session 0i 0 :4707PK8 Mayor reconvened the meeting 8 :47:18PyW Mayor said items 4 and 5on the work session agenda will betabled ' bo the next joint work session 'G �48�18PK« ^WYoyor ^adjourned joint vm�rhsession meeting 6 :52:10PyN `K8ayor `called bo order the regular Council meeting � . .8 :62:21 PMGtmveHill gave the invocation '0 :53:29PyN `yWoyor `led the pledge ofoUegionce ^ 6 :53:45PYN Mayor reviewed the consent agenda items-4a.4b.4c.4d. 4ewas . moved to regular agenda, 4[ 4g.4h.4i. 4j was moved bothe regular agenda,4k.41 bu table bo October 18 '8 :65:23PyW Bob Price answered questions on item 4O 0 :50:18PKA Bob Price answered questions on item 4E; N� 0 :57:59PK4 Chris Tribble answered questions on item 413 `7 :00:58PK8 Michelle Thieoon. Inland answered questions on item 4G -parking lot maintenance . programs N� �7 :02:05PyN ,ShanaYe|varton ,addressed partnerships on item 4G 7 :O3:4O PM Mayor called for an exec session 0 :24:20pK8 ^K4ayor `reconvened regular meeting 0L 8 :24:34PK4 `YWoyor `gave Mayor's Report-upcoming meetings and events 8 :25:37PyW Mayor read and presented a proclamation for Community Planning ~ Month bo Ken Baker -- 8 :27:20PK8 ^WYayor `read and presented a proclamation for Fire Prevention Week to Chief Mike Starr, Ranni Burt, and Colleen Crocker -- 8 :30:38PYW Mayor recognized Boy Scout Troop in the audience � 8 :32:13PyW City Managers Report no report L '%w 1 . -~ L ^ ^ 8 :32:24pK8 Mayor reviewed consent agenda items-4a.4b.4c 4d.4f, 40. 4h. 4i. 4k, 41 to table (items 4aand 4j were moved to the regular 6 agenda) 8 33�OPYW Hill ^ consent agenda rood � � � appn�v�oon agan as �m� ^ ^ 8 :33:28PyN Bledsoe aamond -oppnovedoonaentaQandaT-O 8 34D6 PM `public forum ^ ~~ � � pu o rum no one spoke 8 :34:17 PM `K4ayor `aaid item 4mwould be heard na»d 8 3428PK8 Chris Tribble ^ badibam �4 to council ?� � � presented 8 :37:39pK8 'Hill 'motion ho approve item 4a 8 :37:46PYN `Bledsoe ^second -approved item 4a7-O OR 8 :38:39PK8 `Alison Orlowski ^presented item 4jtoCouncil �= . . °� 8 �4D�3SPK8 Robert Finn addressed questions on the ordinance item related to the sale of K2 8 :41:079yW Zito addressed the ordinance related bu oil and gas drilling 8 :42:24PK8 Ye|vedon addressed possible changes bo the process related bo ordinance revisions ` 8 :47:44PYW Council agreed to swap the dirt pile ordinance with the liquor sales ordinance 8 :48:08PYW ^Council ^discussed the ordinance priority schedule and managing ` Counci|'aaQmndao 8 :49:33PyN Hill motion to approve item 4j with changes osnoted 8 :49:61 pK8 Bledsoe second -approved 4j7-O ^ 8 :50:27PYN mayor ntomudoed item 8a 8 :50:34pyW Mayor openadpub|ichaahng -nmoneapoke 8 :5U:4D PM Hill motion bo approve item Oo � 8 :50:47PK8 Bledsoe second -approved Go7-O �*� ~—' 8 :51:20PKA Mayor introduced item 7a and stated a full staff presentation will ba made ot second reading 8 '61'31 PM Hill moUonto approve item 7a � . ^ . :8 :51:40PyW Bledsoe second -approved 7a7-O ORR 8 :51:58 P8 `Chris Tribble `presented item 9a to Council and onov �med questio ns -- 8 :56:32PyW Council asked questions .9 :06:20PyW Anne Wise, 9O4Brazos addressed Counoi|'aquestions r` Orive. South|ahe 8 :10:14PK8 ^Jim B|ag0 ^answered Councils questions .' 8 :35:31 PM Mayor oaUedfor on exec session at8:18 , 8 :38:00PK4 Mayor reconvened meeting after exec session 8 :37:37PyW ^Council ^discussed item So and individual concerns OP 0 :49:53pK8 `Ye|verton ^discussed unused funds in the C|P and method ofreallocation .8 :50:22PrW yWonia aafab/tovvnparh-nequinomentp|ocedonodcatonaimethe funds N� 8 :62:31 PM `Hill ^matching of in-kind donations and the size ofthem 9 :54:60pyN `Hill `asked questions of Anne Wise 8 :57:05PYW Anne Wise answered Counci|\a questions regarding Hudson Foundation grant process � 10:02:58PyW Council continued discussion about in-kind donations/existing policy �� Illb- 10:04:33PWY `Ye|vedon `addressed the policy and in-kind donations 10L11:34PM Anne Wise answered questions regarding status of grant offer if Council � doesn't approve this tonight ~~ 10:28:47PK8 Ya|verton if Council changes from what Parks or8POC voted on, � Council say on this mo�ariofinal �� 10:30:16PK8 Anne Wise addressed Councils questions 10:35:32PYW Council go back bohudoon with a varying proposal 10:30:25PK8 Tribble matching funds policy inonCC schedule the first ofJanuary 10:37:30 PM `Mayor `nood comments cards into the record 10:38:08PyW ^Zito ^motion bo approve item Sa with following contingencies � matching funds ofi25K- 1)matching funds with Hudson will beoohoivedat1ODK2)adca funds of25K will bareceived equalling 126K matching funds with the city only matching the �w corresponding matching ift 10:41:09PyW WYonin second approved item 8a7-0 1O�41�38pK8 ^(�hhnThbb|a ` hadibe 8bt Council n� � . pnaaan m o ouno 10:48:12PK4 `Hill `motion bo approve item Sb pending agmt signed byCouncil and receipt ofgrant m� 10:48:42PYW WYu||ar second approved item Sb7-U 1O�40�57PyN Mayor adjourned meeting � � � � w� %_ � � � � � do I" � � V%W lift L CITY OF SOUTHLAKE , TEXAS REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 5, 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 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, Assistant to the Director of Community Services Candice Sanders, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Purchasing Manager Tim Slifka, lilw Director of Human Resources Stacey Black, Director of Information Technology Dale Dean, Director of Planning and Development Services Ken Baker, Planner I Lorrie Fletcher, Chief of Fire Services Mike Starr, Chief of Police Services Robert Finn, Emergency Management Coordinator Colleen Crocker, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Operations Manager Chuck Kendrick, Community Initiatives Officer Renni Burt, 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 6:47 p.m. S Agenda Item No. 2. Invocation. Steve Hill from Spirit Life Church International gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Discuss all items on tonight's meeting agenda. No action was taken 010 during the Work Session and each item was considered during the Regular Session. Council reviewed the items on the Consent Agenda. a F `hlr REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2010 Page 1 of 7 r Cir REGULAR SESSION: tr Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to order by Mayor Terrell at 7:03 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 7:03 p.m. Executive Session began at 7:23 p.m. and ended at 8:18 p.m. fr Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:24 is p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Mayor Terrell recognized Boy Scout Troop #507 and thanked them for being in attendance. Agenda Item No. 3A2. Mayor's Report — Proclamation for Community Planning Month. The Mayor read the proclamation into the record and then presented it to Director II %kr Baker. Agenda Item No. 3A3. Mayor's Report — Proclamation for Fire Prevention Week. The Mayor read the proclamation into the record and then presented it to Fire Chief Starr, Emergency Management Coordinator Crocker, and Community Initiatives Officer Burt. 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 fir 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 September 21, 2010 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Approve the purchase of replacement vehicles from Philpott Motors in the amount of$168,998. A presentation was not made on this item. p Agenda Item No. 4C. Approve the purchase of new and replacement vehicles from Caldwell Country Chevrolet in the amount of $56,528. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2010 Page 2 of 7 I Agenda Item No. 4D. Approve the purchase of a sewer hydro excavator vehicle from Santex Truck Center and CLS Sewer Equipment in the amount of $136,364. Director Price answered questions on this agenda item during the Work Session. Agenda Item No. 4E. Approve SPDC Matching Funds request from Keep Southlake Beautiful for Liberty Garden courtyard enhancements in the amount of$2,350. This item was removed from the Consent Agenda and considered separately on the Regular Agenda. Agenda Item No. 4F. Approve a professional services agreement with Weaver and Tidwell, L.L.P. for audit services. A presentation was not made on this item. Agenda Item No. 4G. Approve an Enhancement Package for the public areas located in Southlake Town Square. City Manager Yelverton and Directors Price and Tribble is answered questions on this agenda item during the Work Session. Michelle Thieson with Inland answered Council's questions as well. 11, Agenda Item No. 4H. Approve Change Order No. 4 with Circle C Construction in the amount of $62,551.41 for a 30-inch water line on T.W. King Road. A presentation was not made on this item. Agenda Item No. 41. Approve a Commercial Developer's Agreement for the Carroll Senior High School located at 1501 West Southlake Boulevard with Carroll Independent Yb %my School District. A presentation was not made on this item. Agenda Item No. 4J. Approve the FY 2011 Ordinance and Proiect Priority Schedule. This item was removed from the Consent Agenda and considered separately on the Regular Agenda. Agenda Item No. 4K. Consider SV10-020, Variance to Sign Ordinance No. 704, as amended, for a temporary sign for Gateway Church located at 700 Blessed Way. A presentation was not made on this item. is Agenda Item No. 4L. Ordinance No. 480-598 (ZA10-039), 2nd Reading, Zoning Change and Concept Plan for Southlake Montessori on property being legally described as Lot la 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. This item was tabled to the October 19, 2010 City Council meeting at the applicant's request. +R Motion was made to approve Consent Agenda items 4A; 4B; 4C; 4D; 4F; 4G; 4H; 41; 4K; and to table item 4L to the October 19, 2010 City Council meeting at the applicant's request. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2010 Page 3 of 7 Nays: None i�. Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum. No one spoke. Mayor Terrell closed the public forum. Agenda Items 4E and 4J were considered next. Agenda Item No. 4E. Approve SPDC Matching Funds request from Keep Southlake Beautiful for Liberty Garden courtyard enhancements in the amount of $2,350. Director Tribble presented this item to the Council and answered questions. Motion was made to approve SPDC Matching Funds request from Keep Southlake Beautiful for Liberty Garden courtyard enhancements in the amount of$2,350. Motion: Hill iis Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 Agenda Item No. 4J. Approve the FY 2011 Ordinance and Project Priority Schedule. "fir►. Assistant to the City Manager Ortowski presented this item to Council and answered questions. After discussion, Council agreed to move forward with some of the more simple revisions to the gas drilling ordinance that were identified during the joint work session with the Planning and Zoning Commission earlier this evening. They also agreed to swap the preparation of the dirt pile ordinance with the alcoholic beverages ordinance. Motion was made to approve the FY2011 Ordinance and Project Priority Schedule with the changes as noted. Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 Agenda Item No. 6A. Ordinance No. 984, 2"d Reading, Approve a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy. Mayor Terrell introduced this item but no separate presentation was given. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2010 Page 4 of 7 low ,. CITIES STEERING COMMITTEE ("ACSC" OR "STEERING COMMITTEE") AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "COMPANY") REGARDING THE COMPANY'S THIRD RATE REVIEW MECHANISM ("RRM") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS i' TO BE JUST AND REASONABLE; APPROVING ATMOS MID-TEX'S PROOF OF REVENUES; EXTENDING THE RRM PROCESS FOR TWO CYCLES AND ADOPTING A NEW RRM TARIFF; RATIFYING THE SETTLEMENT AGREEMENT, INCLUDING COST RECOVERY FOR A STEEL SERVICE LINE REPLACEMENT PROGRAM; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. No one spoke during the public hearing. Motion was made to approve Ordinance No. 984, 2nd Reading, Approve a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy. Motion: Hill lib '— Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 fft Agenda Item No. 7A. Ordinance No. 983, 1st Reading, Southlake 2030 Central Sector Land Use Plan. Mayor Terrell introduced this item. No staff presentation was made on this item. • Motion was made to approve Ordinance No. 983, 1st Reading, Southlake 2030 Central Sector Land Use Plan. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 Agenda Item No. 9A. Approve SPDC Matching Funds request from SDCA for Safety Town in the amount of $218,273. Director Tribble presented this item and answered questions. Assistant City Manager/ Director of Public Safety Blagg answered questions from Council. flf Anne Wise, 904 Brazos Drive, Southlake, Texas from SDCA addressed Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2010 Page 5 of 7 • - as L Council discussed this agenda item. Si 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. City Council adjourned for Executive Session at 9:16 p.m. Executive Session began at 9:20 p.m. and ended at 9:33 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 9:36 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Council continued their discussion. air Mayor Terrell read the following comment cards from the public who did not want to speak but wanted to express their support for this agenda item: Van Williams, 125 West Chapel Downs Drive, Southlake, Texas; Cindy Engel, 125 West Chapel Downs Drive, Southlake, Texas; and, Cindy Robinson, 1416 Park Place, Southlake, Texas. Motion was made to approve SPDC Matching Funds request from SDCA for Safety Town with matching funds of $125,000 with the following contingencies: 1) matching IOW funds from the Hudson Foundation will be achieved at $100,000; and 2) matching funds from SDCA of $25,000 will be achieved equaling a total of $125,000 towards SPDC Matching Funds but stating the city will only match the funds received. Motion: Zito Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 Agenda Item No. 9B. Approve SPDC Matching Funds request from Southlake Senior Funding, Inc. for the purchase of a handicap accessible bus in the amount of $65,000. fP Director Tribble presented this item to Council and answered their questions. kr Motion was made to approve SPDC Matching Funds request from Southlake Senior Funding, Inc. for the purchase of a handicap accessible bus in the amount of $61,350 pending an agreement approved and signed by the City Council and pending receipt of the grant. Motion: Hill Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2010 Page 6 of 7 iwr Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 10:46 P.m. *An audio recording of this meeting will be permanently retained in the City Secretary's r Office. its C .; John Terre Mayor ATTEST: s„�s s;,�,e,,, PaVP€--- c): 9 • Lori Payne City Secretary V'• ' ��uitn ``iI, ,, r r I 1 t I a a 0 REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2010 Page 7 of 7 I I j CITY OF r SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: OCTOBER 5, 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall W WORK SESSION: 6:30 P.M. or immediately following the joint work session with the City Council and the Planning and Zoning Commission a 1. Call to order. 2. Invocation: Steve Hill, Chaplain of the Month 3. 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 City Council work session 1. Call to order. al 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071: Consultation with 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 District properties. I 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 lir a. Deliberate the appointment of the City Secretary position. r City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 5, 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 co, 2. Proclamation for Community Planning Month 3. Proclamation for Fire Prevention Week is 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: di A. Approve the minutes from the September 21, 2010 regular City Council meeting. al lir B. Approve the purchase of replacement vehicles from Philpott Motors in the amount of$168,998. lie C. Approve the purchase of new and replacement vehicles from Caldwell Country Chevrolet in the amount of$56,528. D. Approve the purchase of a sewer hydro excavator vehicle from Santex Truck Center and CLS Sewer Equipment in the amount of$136,364. E. Approve SPDC Matching Funds request from Keep Southlake Beautiful for Liberty Garden courtyard enhancements in the amount of$2,350. ir F. Approve a professional services agreement with Weaver and Tidwell, L.L.P. for audit services. G. Approve an Enhancement Package for the public areas located in Southlake Town Square. a H. Approve Change Order No. 4 with Circle C Construction in the amount of $62,551.41 for a 30-inch water line on T.W. King Road. f City of Southlake values: Integrity♦ Innovation •Accountability• Commitment to Excellence ♦ Teamwork L City of Southlake City Council meeting agenda October 5, 2010 Page 3 of 6 LI. Approve a Commercial Developer's Agreement for the Carroll Senior High 1111 School located at 1501 West Southlake Boulevard with Carroll Independent School District. jai I, J. Approve the FY 2011 Ordinance and Project Priority Schedule. K. Consider SV10-020, Variance to Sign Ordinance No. 704, as amended, is for a temporary sign for Gateway Church located at 700 Blessed Way. L. 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 RAT 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 REQUESTED TO TABLE THIS ITEM TO THE OCTOBER 19, 2010 CITY COUNCIL MEETING. I 1 REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.) 6. Ordinances, second readings, public hearings, and related items: 16 lbw A. Ordinance No. 984, 2nd Reading, Approve a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 983, 1st Reading, Southlake 2030 Central Sector Land Use Plan. (If approved on first reading, a public hearing will be held on October is 19, 2010.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Approve SPDC Matching Funds request from SCDA for Safety Town in the amount of$218,273. rim B. Approve SPDC Matching Funds request from Southlake Senior Funding, Inc. for the purchase of a handicap accessible bus in the amount of $65,000. 10. Other items for discussion: (There are no items on this agenda.) City of Southlake values: Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 5, 2010 Page 4 of 6 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, October 1, 2010 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. jaik. (t Lori Payne, TRM : "-; °City Secretary If you plan to attend this publicveetipg anctiave a disability that requires special needs, please advise the City Secretary's Offi' 48`°hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. r I Ns f City of Southlake values: Integrity• Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 5,2010 Page 5 of 6 EXECUTIVE SESSION Section 551.071: Consultation with attorney ,l, The City Council may conduct a private consultation with its attorney when the City so 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: is 1. Jayson Steele vs. City of Southlake. August 2008. 2. Pending Public Information Act requests. ire 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. 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 tlill, 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. FP Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for Ift implementation of security personnel or devices. is Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial lir 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 o` negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. tio `fir City of Southlake values: Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork • . City of Southlake City Council meeting agenda October 5, 2010 is Page 6 of 6 fp, Li 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 qot 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 10, tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety to 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. rr ara a m City of Southlake values: Integrity♦ Innovation •Accountability• Commitment to Excellence • Teamwork r • 6000 WESTERN PLACE,SUITE ZOO Taylor Olson Adkins Sralla Elam TELEPHONE:(817)332-2580 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 ' Counselors WERSITE:WWW.TOASE.COM fr la TIM G. SRALLA Certified Civil Appellate Law Specialist tsralla@toase.com Texas Board of Legal Specialization 1016 October 5, 2010 fr CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE I IP VIA HAND DELIVERY ia Mayor and City Councilmembers City of Southlake 1400 Main Street Southlake, Texas 76092 Re: Legality of Executive Session Posting Dear Mayor and Councilmembers: tipr You have asked our office to review the executive session posting for the August 17,2010, regular city council meeting. It is my understanding that the following executive session has been posted for the requisite time: S A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code,Sections 551.071,551.072,551.073,551.074,551.076,551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071: Consultation with city attorney a. Seek advice of the city attorney regarding 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 m associated with Carroll Independent School District properties. is 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities and projects. 0 r October 5, 2010 Page 2 it 3. Section 551.074: Deliberation regarding personnel matters a. Deliberation of appointment of the City Secretary position. 4. Section 551.087: Deliberation regarding economic development is negotiations a. Economic incentives for businesses. Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks o 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. 3. Texas Attorney General litigation defending the constitutionality of the Texas Open Meetings Act. `rr 4. Legal issues regarding the Barnett Shale gas extraction and transportation. Section 551.072: Deliberation regarding real property S The City Council may conduct a closed meeting to deliberate the purchase,exchange,lease or value Sr of real property. Section 551.073: Deliberation regarding prospective gift or donation • The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline,or dismissal ofpublic officers,including the City Manager,City Secretary,City Attorney, Municipal Judge and some city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. 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, 19* duties, discipline, or dismissal of a city officer, including the city manager and city secretary. r ir. October 5, 2010 Page 3 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 !f' 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 iis 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 `hw 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 ive United States;6)that relates to technical details of particular vulnerabilities of critical infrastructure 111 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. a Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety a The City Council may discuss emergency management plans involving pipeline safety and/or lkoe security ofpipeline infrastructures or facilities when those plans or discussions contain such sensitive information. The purpose of this letter is to provide an opinion whether the city council may legally discuss the above-referenced topics in executive session. Based upon the guidelines we have a 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. 400 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. a W:\Southlake\Letters\Mayor&CC Letters\10.5.10.TGS.wpd it r a L . • October 5, 2010 Page 4 r If you have any additional questions or concerns,please feel free to contact our office. Sincerel 111 Tim G. Sralla TGS/as iiir cc: Ms. Shana Yelverton City of Southlake 1400 Main Street Suite 460 Southlake, Texas 76092 Ms. Lori Payne 111111 City of Southlake 1400 Main Street Suite 270 II' err Southlake, Texas 76092 ,10 in fre iffp vft S S S di ar W:\Southlake\Letters\Mayor&CC Letters\10.5.10.TGS.wpd