2010-11-29 CC Packet OFFICIAL RECORD
t CITY OF
L' SOUTHLAKE
TEXAS
SPECIAL CITY COUNCIL MEETING MINUTES: NOVEMBER 29, 2010
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, Deputy
Mayor Pro Tem 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, Director of Planning and Development Services Ken Baker,
City Attorney E. Allen Taylor, and City Secretary Lori Payne.
Agenda Item No. 1. Call to order. The special meeting was called to order by Mayor
Terrell at 6:07 p.m.
1rr 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 6:08 p.m. Executive Session began at 6:17 p.m. and ended at 10:22 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the special meeting at
10:22 p.m. and asked if any action was necessary from Executive Session. No action
was necessary.
Agenda Item No. 3. Meeting adjourned. Mayor Terrell adjourned the special meeting at
10:22 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
John Terrell
Mayor
ATTEST:
•
Lori Payne
re---
4y
City Secretary
L law
SPECIAL CITY COUNCIL MEETING MINUTES, NOVEMBER 29, 2010
Page 1 of 1
LOG OF PROCEEDINGS ELECTRONICALLY RECORDED
Description Special City Council meeting
(110V Date 11/29/2010 Location Southlake Council Chambers
Time Speaker Note
• •
6...;p7:66 PM._.............._Mayor called the meeting to order
6 :08:04 P Mayor stated that tonight is an exec session only and Council will be
going into exec session
6 :08:44 PM Mayor called an exec session
10:22:09 PM Mayor reconvened the meeting, no action was taken
10:22:21 PM Mayor adjourned meeting
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11/30/10 12:42:49 1/1
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6000 WESTERN PLACE,SUITE 200 Taylor Olson Adkins Sralla Elam TELEPHONE:(817)332-2580
1-30 AT BRYANT-IRVIN ROAD L.L.P. FREE:(HOOT 318-3400
FORT WORTH,TEXAS 76107-4654 FAcsE:(817)332-4740
EMAIL:TOASE@TOASE.COM Attorneys TOLL Counselors WEBSITE:\VWW.TOASE.COM
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E.ALLEN TAYLOR,JR.
ataylor@toase.com
P°
1 November 29, 2010
CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE
r VIA HAND DELIVERY
.hr
Mayor and City Councilmembers
City of Southlake
1400 Main Street
iiii Southlake, Texas 76092
Re: Legality of Executive Session Posting
Dear Mayor and Councilmembers:
r
ji, liow You have asked our office to review the executive session posting for the November 29,
2010,regular city council meeting. It is my understanding that the following executive session has
r been posted for the requisite time:
ilii-
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,
ii 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 meetin2.
tr
1. Section 551.071: Consultation with city attorney
• a. Seek advice of the city attorney regarding the legal effect of
Planning and Zoning Commission action on Agenda Item 5 at the
r November 18, 2010 meeting in Case No. GAS 10-004; XTO Gas
a Drilling and Production SUP Application.
b. Seek advice of the city attorney regarding a recreational services
P contract.
i r c. Seek advice of the city attorney regarding the Open Meetings Act.
d. Seek advice of the city attorney regarding the city's ethics
ordinance.
lir e. Seek advice of the city attorney regarding the appointment and
service of members of city boards and commissions.
f
6
November 29, 2010
Page 2
L
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.
4. Legal issues regarding the Barnett Shale gas extraction and transportation.
•
,r 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.
l r 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
1r 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,
duties, discipline, or dismissal of a city officer, including the city manager and city secretary.
Section 551.076: Deliberation regarding security devices
The City Council may deliberate the deployment, or specific occasions for implementation of
it 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
Nov from a business prospect that the city seeks to have locate, stay, or expand in or near the city and
L
•
November 29, 2010
it Page 3
(1Iw
which the City is conducting economic development negotiations; or to deliberate the offer of a
financial or other incentive to a business prospect as described above.
Section 418.183(f): Texas Disaster Act
The City Council may deliberate information: 1) for purposes of preventing, investigating, or
responding to an act of terrorism or related criminal activity and involving emergency response
it 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,
Or 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
lliir
The City Council may discuss emergency management plans involving pipeline safety and/or
security ofpipeline infrastructures or facilities when those plans or discussions contain such sensitive
information.
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,
�1r E. Allen Taylor,
EAT/ds
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W:\Southlake\Letters\Mayor&CC Letters\11.29.10.EAT.wpd
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November 29, 2010
Page 4
cc: Ms. Shana Yelverton
City of Southlake
1400 Main Street
Suite 460
Southlake, Texas 76092
Ms. Lori Payne
City of Southlake
1400 Main Street
ffif Suite 270
Southlake, Texas 76092
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W:\Southlake\Letters\Mayor&CC Letters\11.29.10.EAT.wpd
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CITY OF
(imor Ss SOUTHLAKE
„, TEXAS
SPECIAL CITY COUNCIL MEETING: NOVEMBER 29, 2010
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
r r
TIME: 5:30 P.M.
44.
+ok 1. Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074,
551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be
held, under these exceptions, at the end of the Regular Session or at
any time during the meeting that a need arises for the City Council to
seek advice from the City Attorney as to the posted subject matter of
this City Council meeting.
1. Section 551.071: Consultation with attorney
11' a) Seek advice of the city attorney regarding the legal effect of
Planning and Zoning Commission action on Agenda Item 5 at
the November 18, 2010 meeting in Case No. GAS10-004; XTO
Gas Drilling and Production SUP Application.
b) Seek advice of the city attorney regarding a recreational
services contract.
c) Seek advice of the city attorney regarding the Open Meetings
Act.
d) Seek advice of the city attorney regarding the city's ethics
ordinance.
et e) Seek advice of the city attorney regarding the appointment and
service of members of city boards and commissions.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. Meeting adjourned.
OP
City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
I
City of Southlake
Special City Council meeting agenda
November 29,2010
Page 2 of 4
to
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
'it Hall, 1400 Main Street, Southlake, Texas, on Friday, November 24, 2010 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
``rrrrrarye rragetrrt
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Lori Payne, TF 4C = t
City Secretary ="
If you plan to attend this pubrfo/cp§r 'aind have a disability that requires special needs, please
advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable
ri accommodations will be made to assist you.
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City of Southlake values:
Integrity• Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
4
rr. City of Southlake
Special City Council meeting agenda
November 29,2010
a�
Page 3 of 4
EXECUTIVE SESSION
di 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.
di
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.
di
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
prospective gift or donation to the City.
Iro Section 551.074: Deliberation regarding personnel matters
di, 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.
14,
sir Section 551.076: Deliberation regarding security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
a
Section 551.087: Deliberation regarding economic development negotiations
1.0 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.
1
City of Southlake values:
Integrity♦ Innovation •Accountability• Commitment to Excellence ♦ Teamwork
• City of Southlake
Special City Council meeting agenda
November 29,2010
Page 4 of 4
IS
Section 418.183(f): Texas Disaster Act
The City Council may deliberate information: 1) for purposes of preventing,
investigating, or responding to an act of terrorism or related criminal activity and
involving emergency response providers, their staffing, contact information and tactical
plans; 2) that relates to the risk or vulnerability of persons or property, including
""' infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive
weapon, the location of a material that may be used in a chemical, biological or
radioactive weapon, or unpublished information pertaining to vaccines or devices to
detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism-related
report to an agency of the United States; 6) that relates to technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information
regarding security measures or security systems intended to protect public and private
property from an act of terrorism. The Texas Disaster Act specifically requires that a
"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
di
contain such sensitive information.
voit
lb NNW
•
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e
f
City of Southlake values:
Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork
r
L.