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2010-11-16 CC Packet OFFICIAL RECORD CITY OF SOUTHLAKE • TEXAS • REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 16, 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 • City Council Chambers CITY COUNCIL PRESENT: Mayor Pro Tern Laura K. Hill, Deputy Mayor Pro Tern Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A. Muller, and Al Zito. CITY COUNCIL ABSENT: Mayor John Terrell and Councilmember Jeff Wang. gm 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, Director of Economic Development Greg Last, Itt Marketing and Tourism Coordinator Jill Lind, Director of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Director of Information Technology Dale Dean, Director of Planning and Development Services Ken Baker, Planner I Daniel Cortez, Chief of Fire Services Mike Starr, Chief of Police Services Robert Finn, Director +ter of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Cheryl Taylor, City Attorney Tim Sralla, and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The Work Session was called to order by Mayor Pro Tern Hill at 5:31 p.m. wie Agenda Item No. 2. Invocation. Eric Hulet from Grace Community Church gave the invocation. Mayor Pro Tem Hill led the pledge of allegiance. Agenda Item No. 3. Discuss F.M. 1938 Urban Design Concept. Director Baker, Director is Price and Director Tribble made the staff presentations and answered Council's questions. Mike Brown and Sherry Branson with TranSystems, consultants for the project, and Susie Thompson with Thompson Landscape Architects made presentations and answered Council's questions. City Manager Yelverton also answered Council's questions. Agenda Item No. 4. Present information on the "Deck the Windows" program. Marketing and Tourism Coordinator Lind presented this item and answered Council's questions. r *sr REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2010 Page 1 of 7 L Agenda Item No. 5. Discuss all items on tonight's meeting agenda. No action was taken Lduring the Work Session and each item was considered during the Regular Session. Council reviewed the items on the Consent Agenda. ,fw REGULAR SESSION: Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to order by Mayor Pro Tem Hill at 6:20 p.m. Agenda Item No. 2A. Executive Session. Mayor Pro Tem Hill 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 6:20 p.m. Executive Session began at 6:33 p.m. and ended at 7:15 p.m. Agenda Item No. 2B. Reconvene. Mayor Pro Tem Hill reconvened the regular meeting at 7:22 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 Pro Tern Hill announced upcoming meetings and events. Councilmember Morris rrr thy discussed the community tree, gingerbread houses and Trish Biddle ornaments. Agenda Item No. 3B. City Manager's Report. City Manager Yelverton introduced the • next two reports. Agenda Item No. 3B1. MySouthlakeNews.com update. Community Relations Officer Schank demonstrated the new website. Agenda Item No. 3B2. Home for the Holidays update. Director Tribble presented this is item to Council. CONSENT AGENDA: Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Pro Tern Hill read the Consent Agenda items into the record. Agenda Item No. 4A. Approve the minutes from the November 2, 2010 joint work session with the City Council, Southlake Parks Development Corporation, and Parks and Recreation Board and from the November 2, 2010 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Approve Master Utility Adjustment Agreement with Texas Department of Transportation and North Gate Constructors for relocation of City utilities adjacent to the DFW Connector Project. A presentation was not made on this item. isby Ir REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2010 Page 2 of 7 r I 'ir Agenda Item No. 4C. Approve CISD Joint Utilization agreement for emergency fuel and bus usage. A presentation was not made on this item. FP Agenda Item No. 4D. Approve Change Order No. 3 with Barson Utilities for the water and sanitary sewer relocations on F.M. 1709 for the median and deceleration lane project in the amount of $40,177.80. A presentation was not made on this item. Agenda Item No. 4E. Ordinance No. 480-BBBB, 1st Reading, An amendment to the To, Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to termination or la amortization of non-conforming uses. A presentation was not made on this item. Agenda Item No. 4F. MSP10-006, Master Sign Plan for Bicentennial Park located at 450 West Southlake Boulevard. A presentation was not made on this item. Agenda Item No. 4G. SV10-024, Variance to the Southlake Corners Conditional Sign Permit for McAlister's Deli located at 100 North Kimball Avenue, Suite 110. A presentation was not made on this item. Srf Agenda Item No. 4H. Ordinance No. 992, 1st Reading, Adopt an ordinance to dedicate street right-of-way from City-owned property at 1371 East Highland Avenue for the purpose of constructing Kirkwood Boulevard and declare the remainder of the property airlibr to be surplus. A presentation was not made on this item. Agenda Item No. 41. ZA10-046, Revised Concept Plan for Kimball Circle Estates on property being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract No. 529, and being located at 703, 722, 730 and 750 South Kimball Avenue. Current 1111 Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #8. This item and the public hearing were tabled to the December 7, 2010 City Council meeting. Agenda Item No. 4J. Ordinance No. 480-549B (ZA10-054), 2nd Reading, Zoning Change and Site Plan for Tower Plaza on property being described as Tract 3B, 3B01 and a portion of Tract 3D01, Obediah W. Knight Survey, Abstract No. 899, and being located at 821, 829 and 835 East Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #9. This item and the public hearing were tabled to the December 7, 2010 City Council meeting. sp Agenda Item No. 4K. Ordinance No. 480-598 (ZA10-039), 2nd Reading, Zoning Change is 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 iffP Zoning: 0-1 Office Zoning District. Requested Zoning: S-P-2 Generalized Site Plan is District. SPIN Neighborhood #9. This item and the public hearing were tabled to the December 7, 2010 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2010 Page 3of7 L Agenda Item No. 4L. Resolution No. 10-057 (GAS10-0041, Specific Use Permit for Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1R1 & 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. This item was administratively tabled and the public hearing was continued to the December is 7, 2010 City Council meeting. Agenda Item No. 4M. GAS-10-005, Consider Requested Variances to Ordinance No. 880-A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well permit(s) associated with Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1R1 & 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. This item was administratively tabled pending City Council action on the related Specific Use Permit (Resolution No. 10-057 — GAS 10-004) and a public 111 hearing and action date will be set at the time the related Specific Use Permit item is considered by City Council. Agenda Item No. 4N. GAS-10-006, Consider Requested Variances to Ordinance No. 880-A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline permit associated with Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1R1 & 2, Block A, Milner Addition. Current Zoning AG Agricultural District. SPIN 1/1 Neighborhood #7. This item was administratively tabled pending City Council action on the related Specific Use Permit (Resolution No. 10-057 — GAS 10-004) and a public hearing and action date will be set at the time the related Specific Use Permit item is sir considered by City Council. Motion was made to approve the Consent Agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; fft 4H; to table item 41 and to continue the public hearing to the December 7, 2010 City Council meeting; to table item 4J and to continue the public hearing to the December 7, 2010 City Council meeting; to table item 4K and to continue the public hearing to the Igo December 7, 2010 City Council meeting; to administratively table item 4L and to continue the public hearing to the December 7, 2010 City Council meeting; to administratively table item 4M pending City Council action on the related Specific Use Permit (Resolution No. 10-057 — GAS 10-004) and to continue the public hearing and action date to be set at the time the related Specific Use Permit item is considered by City Council; and to administratively table item 4N pending City Council action on the OP related Specific Use Permit (Resolution No. 10-057 — GAS 10-004) and to continue the public hearing and action date to be set at the time the related Specific Use Permit item tg, is considered by City Council. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Zito Nays: None Approved: 5-0 tkir REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2010 Page 4 of 7 E • REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during the public forum. Agenda Item No. 6A. This item was intentionally left blank on the agenda. Agenda Item No. 6B. Resolution No. 10-058 (ZA10-061) Specific Use Permit for a Mass Gathering for the Green Day Event on property being described as Blocks 7 and 8, Southlake Town Square Addition, and being located at Rustin Park, 1400 Fountain Place and 1400 East Southlake Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Director Baker presented this item to Council prior to Marketing and Tourism Coordinator Lind's presentation of item 6C. Applicant Audra Lewondowski, 405 Indian Paintbrush Way, Southlake, Texas made a presentation and answered Council's questions on items 6B and 6C. 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, is GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR SOUTHLAKE GREEN DAY EVENT ON MARCH 26, 2011 ON PROPERTY LOCATED AT 1400 FOUNTAIN PLACE AND 1400 EAST SOUTHLAKE BOULEVARD BEING LEGALLY DESCRIBED AS BLOCKS 7 AND 8, AND ADJACENT RIGHT-OF-WAY, SOUTHLAKE TOWN SQUARE, PHASE I, 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. is No one spoke during the public hearing. Motion was made to approve Resolution No. 10-058 (ZA10-061) Specific Use Permit for is a Mass Gathering for the Green Day Event subject to the Staff Report dated October 29, 2010 for a period of three (3) years subject to the scope of the event remaining the vot same. to Motion: Bledsoe Second: Muller too Ayes: Bledsoe, Hill, Morris, Muller, Zito Nays: None 401 Approved: 5-0 is Agenda Item No. 6C. Approve a Community Events Participation Agreement with GreenFellows, Inc. for the 2011 Southlake Green Day event. Marketing and Tourism Coordinator Lind presented this item to Council following Director Baker's presentation So of item 6B. Applicant Audra Lewondowski, 405 Indian Paintbrush Way, Southlake, Texas made a presentation and answered Council's questions on both items 6B and 6C. r Motion was made to approve a Community Events Participation Agreement with GreenFellows, Inc. for the 2011 Southlake Green Day event with the approval based on REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2010 Page 5 of 7 L actual costs incurred not to exceed $689.75 which is 50% of estimated costs of $1,379.50. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Zito Nays: None Approved: 5-0 Agenda Item No. 6D. ZA10-062, Site Plan for a fence along East Southlake Boulevard for White's Chapel United Methodist Church on property being described as Lot 1R, Block 1, White Chapel Methodist Church Addition, and being located at 185 South White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #9. Director Cortez presented this item in conjunction with item 6E and answered Council's questions. Applicant Terry Wilkinson, 640 West Southlake Boulevard, Southlake, Texas answered Council's questions. Council discussed this item. ii No one spoke during the public hearing. Motion was made to approve ZA10-062, Site Plan for a fence along East Southlake Boulevard for White's Chapel United Methodist Church so noting the variance related to the straight line construction of the fence and subject to the Staff Report dated October 29, 2010. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Zito Nays: None di Approved: 5-0 Agenda Item No. 6E. MSP10-005, Master Sign Plan for White's Chapel United Methodist Church located at 185 South White Chapel Boulevard. Director Cortez di presented this item in conjunction with item 6D and answered Council's questions. Applicant Terry Wilkinson, 640 West Southlake Boulevard, Southlake, Texas answered Council's questions. Motion was made to approve MSP10-005, Master Sign Plan for White's Chapel United Methodist Church located at 185 South White Chapel Boulevard noting that the its applicant will bring into compliance the sign known as the marquee sign so noted as Location 'F' in the Staff Report and subject to the Staff Report dated November 10, di 2010 and the presentation this evening. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Hill, Morris, Muller, Zito Nays: None Approved: 5-0 REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2010 Page 6 of 7 rr Agenda Item No. 9A. SV10-025, Variance to Sign Ordinance No. 704, as amended, for Watermere located at 2807 West Southlake Boulevard. Director Baker presented this ao item to Council. Applicant Kevin Taywater, 918 Silver Street Drive, Saginaw, Texas 410 answered Council's questions. Motion was made to approve SV10-025, Variance to Sign Ordinance No. 704, as 14. amended, for Watermere located at 2807 West Southlake Boulevard noting the maximum sign height variance of 13 feet and the maximum sign area of 200 square feet; approving a duration of one year; requiring applicant to paint the sign framing material to a black, wrought-iron type textured finish; and subject to the Staff Report „r, dated November 10, 2010. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Zito Nays: None Approved: 5-0 Agenda Item No. 11. Meeting adjourned. Mayor Pro Tern Hill adjourned the meeting at 8:26 p.m. n *An audio recording of this meeting will be permanently retained in the City Secretary's Office. thy, Alp Laura . Hill Mayo Pro Tern ATTEST: Tp`» tYl )atit: y4. Y Lori Payne ri :� City Secretary yn� a • O�G3 • '• ♦♦ rOrr •••.YO.. * J REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2010 Page 7 of 7 Description City Council meeting - Hill, Bledsoe, Morris, Muller, Zito; Absent: Mayor Terrell, and Jeff Wang r Date 11/16/2010 Location Southlake Council Chambers F E a j UN r . - ii. City Council meeting - Hill, Bledsoe, Morris, Muller, Zito; Absent: I4Southlake Council Chambers ETime Speaker Note ap (11or 5:31:48 PM Mayor Pro Tern Hill called meeting to order r b 5:31:57 PM Eric Hulet gave the invocation 5:32:01 PM Hill led the pledge of allegiance r 5:33:43 PM Ken Baker made the initial presentation on work session item 3 - FM1938 - he stated that presenters will be Mike Brown and Sherry Branson and Susie Thompson will give conceptual landscaping r aa 5:39:38 PM Mike Brown of presented info on typical sections, TransSystems 5:41:17 PM Susie Thompson reviewed the conceptual landscape design for FM1938 Sis 5:48:41 PM Morris asked Ms. Thompson to elaborate on the intersection of FM1938 and FM1709 ' Ir 5:53:38 PM Bob Price answered question relating to rock face enhancements as 5:55:25 PM Chris Tribble answered question relating to comparison to FM1709 medians ' FP 5:57:59 PM Price responsibility for mowing, etc. aim 6:01:13 PM Yelverton addressed enhancement question • 6:02:28 PM Muller difference in length of medians compared to FM1709 r 6:05:50 PM Jill Lind presented work session item 4 - deck the windows program - 1111 answered questions 6:12:47 PM *Hill reviewed the consent agenda items -4a, 4b, 4c, 4d, 4e, 4f, 4g,4h, 4i to table to 12-7, 4j to table to 12-7, 4k to table to 12-7, 41 ii Ilior to table to 12-7, 4m and 4n to table 6:18:56 PM *Muller suggested placing item 6e to consent but Council decided to keep it on regular agenda since it is tied to item 6d is 6:20:16 PM *Hill called for an executive session ito 7:22:23 PM Hill reconvened meeting di 7:23:13 PM Hill discussed upcoming meetings and events lir 7:23:49 PM Morris discussed the community tree, gingerbread houses, Trish is Biddle ornaments 7:24:18 PM City Manager introduced a couple reports under the City Managers section Fr Yelverton is 7:24:27 PM Pilar Schank demonstrated the new MySouthlakeNews.com website 7:34:55 PM Chris Tribble presented information on Home for the Holidays IP 7:38:24 PM *Hill read the consent agenda items into the record -4a, 4b, 4c, 4d, Sis 4e, 4f, 4g, 4h, 4i to table to 12-7, 4j to table to 12-7, 4k to table to 12-7, 4I to table to 12-7, 4m and 4n to table OP is 7:41:55 PM Bledsoe motion to approve consent agenda 7:42:04 PM Morris second - approved consent agenda 5-0 go? 7:42:51 PM Ken Baker presented item 6b to Council is 7:47:24 PM Jill Lind presented item 6c to Council I . 1. '4w 11/16/2010 2 of 3 I • iph • City Council meeting - Hill, Bledsoe, Morris, Muller, Zito; Absent: ASouthlake Council Chambers Time Speaker Note tf.= 7:48:26 PM Applicant Audra introduced the item and answered questions Lewondowski 7:50:04 PM public hearing on no one spoke item 6b 7:50:15 PM Bledsoe motion to approve item 6b subject to staff report and scope remaining the same and 7:50:59 PM Muller second - approved 6c 5-0 7:51:06 PM Bledsoe motion to approve item 6c with est cost incurred not to exceed noted amount 7:51:25 PM Muller second - approved 6d 5-0 7:51:56 PM Daniel Cortez presented items 6d and 6e to Council and answered questions 8:01:19 PM Applicant Terry addressed Council's questions fPf Wilkinson 8:07:49 PM Council discussed possible changes to proposed signage - if they keep, existing sign, they will wrap it in stone and bring it up to code, Rito 8:08:29 PM public hearing on 6d no one spoke 8:12:09 PM Bledsoe motion to aprove item 6d so noting variance of straight line • construction 8:12:27 PM Morris second - approved item 6e 5-0 8:12:49 PM Bledsoe motion to approve item 6e noting app will bring into compliance 16 % of sign F and pursuant outlined items in the staff report 8:13:23 PM Zito second - approved item 6e 5-0 8:13:34 PM Hill second - approved item 6e 5-0 8:14:11 PM Ken Baker presented item 9a to Council ty' 8:18:51 PM Applicant Kevin answered Council's questions - could paint sign poles black Taywold?, 918 and brace should be disguised more Silver Street Drive, Saginaw am 8:25:07 PM Bledsoe motion noting max sign heigh 13' area of 200 ft. duration will be one year, app will pain sign to black wrought iron type texture *It finihs, a 8:25:42 PM Morris second - approved item 9a 5-0 8:26:30 PM hill adjourned meeting sot S fie 11/16/2010 3 of 3 6000 WESTERN PLACE,SUITE 200 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 WEBSITE:WWW.TOASE.COM TIM G. SRALLA Certified Civil Appellate Law Specialist tsralla@toase.com Texas Board of Legal Specialization November 16, 2010 CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE VIA HAND DELIVERY Mayor and City Councilmembers City of Southlake 1400 Main Street Southlake, Texas 76092 Re: Legality of Executive Session Posting NO Dear Mayor and Councilmembers: 4 ` eb law 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 O' posted for the requisite time: A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code,Sections 551.071,551.072,551.073,551.074,551.076,551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071: 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 pending XTO and Energy Transfer Specific Use Permit, Gas Well Permit and Pipeline Permit Applications. V 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities and projects. a I November 16, 2010 Page 2 3. Section 551.074: Deliberation regarding personnel matters a. Deliberation of appointment of the City Secretary position. 00 4. Section 551.087: Deliberation regarding economic development 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 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. Section 551.072: Deliberation regarding real property 0 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. Section 551.074: Deliberation regarding personnel matters Ive 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 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. S it f L C November 16, 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 I1M 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. tf 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 `r 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 Or 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 S The City Council may discuss emergency management plans involving pipeline safety and/or tog 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. S F W:\Southlake\Letters\Mayor&CC Letters\11.16.10.tgs.wpd r L. November 16, 2010 Page 4 Or' 4111' If you have any additional questions or concerns, please feel free to contact our office. Sincerely, Tim G. Sralla TGS/as cc: Ms. Shana Yelverton City of Southlake 1400 Main Street Suite 460 Southlake, Texas 76092 Ms. Lori Payne 11. City of Southlake 1400 Main Street Suite 270 l" `r Southlake, Texas 76092 4,0 to to to e it for W:\Southlake\Letters\Mayor&CC Letters\11.16.10.tgs.wpd r ►• CITY OF IR 469 SOUTHLAKE ire � TEXAS REGULAR CITY COUNCIL MEETING: NOVEMBER 16, 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. rig 1. Call to order. 2. Invocation: Eric Hulet, Chaplain of the Month 3. Discuss F.M. 1938 Urban Design Concept 4. Present information on the "Deck the Windows" program 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. tar 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. I 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 pending XTO and Energy Transfer Specific Use Permit, Gas Well Permit and Pipeline Permit applications. 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 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 November 16, 2010 Page 2 of 7 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 B. City Manager's Report 1. MySouthlakeNews.com update 2. Home for the Holidays update 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 io removed from the general order of business and considered in its normal sequence. so 4. Consent: A. Approve the minutes from the November 2, 2010 joint work session with the City Council, Southlake Parks Development Corporation, and Parks h. '' and Recreation Board from the November 2, 2010 regular City Council meeting. B. Approve Master Utility Adjustment Agreement with Texas Department of Transportation and North Gate Constructors for relocation of City utilities adjacent to the DFW Connector Project. C. Approve CISD Joint Utilization agreement for emergency fuel and bus usage. D. Approve Change Order No. 3 with Barson Utilities for the water and sanitary sewer relocations on F.M. 1709 for the median and deceleration lane project in the amount of $40,177.80. E. Ordinance No. 480-BBBB, 1st Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to termination or amortization of non-conforming uses. (If this item is approved on 1st Reading, a public hearing will be held on December 7, 2010.) F. MSP10-006, Master Sign Plan for Bicentennial Park located at 450 West Southlake Boulevard. I ("Pf City of Southlake values: Integrity• Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork Imo . City of Southlake City Council meeting agenda November 16, 2010 it Page 3 of 7 iii G. SV10-024, Variance to the Southlake Corners Conditional Sign Permit for McAlister's Deli located at 100 North Kimball Avenue, Suite 110. FP H. Ordinance No. 992, 1st Reading, Adopt an ordinance to dedicate street ais right-of-way from City-owned property at 1371 East Highland Avenue for the purpose of constructing Kirkwood Boulevard and declare the sto remainder of the property to be surplus. (If this item is approved on 1st iti Reading, a public hearing will be held on December 7, 2010.) If I. ZA10-046, Revised Concept Plan for Kimball Circle Estates on property iii being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract No. 529, and being located at 703, 722, 730 and 750 South Kimball Avenue. Current Zoning: SF-20A Single Family Residential is District. SPIN Neighborhood #8. THIS ITEM IS TABLED AND THE PUBLIC HEARING CONTINUED TO THE DECEMBER 7, 2010 CITY rRI COUNCIL MEETING. J. Ordinance No. 480-549B (ZA10-054), 2nd Reading, Zoning Change and Site Plan for Tower Plaza on property being described as Tract 3B, 3B01 i' and a portion of Tract 3D01, Obediah W. Knight Survey, Abstract No. 899, and being located at 821, 829 and 835 East Southlake Boulevard. Current I Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 '`' Detailed Site Plan District. SPIN Neighborhood #9. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM AND TO CONTINUE THE i PUBLIC HEARING TO THE DECEMBER 7, 2010 CITY COUNCIL MEETING. (This is the first time this item will be tabled.) el iii K. Ordinance No. 480-598 (ZA10-039), 2nd Reading, Zoning Change and Concept Plan for Southlake Montessori on property being legally Pl, described as Lot 4, Block 1, Pecan Creek Addition and being located at it 731 Zena Rucker Road. Current Zoning: 0-1 Office Zoning District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN sli Neighborhood #9. THE APPLICANT HAS REQUESTED TO TABLE a THIS ITEM AND CONTINUE THE PUBLIC HEARING TO THE DECEMBER 7, 2010 CITY COUNCIL MEETING. (This is the sixth time 7 this item will be tabled.) is L. Resolution No. 10-057 (GAS10-004), Specific Use Permit for Gas and Oil FP Well Drilling and Production on property being located at 651 and 655 ii East Highland Street on property being described as a portion of Lots 1R1 & 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS ITEM IS ADMINISTRATIVELY TABLED a AND THE PUBLIC HEARING CONTINUED TO THE DECEMBER 7, r 2010 CITY COUNCIL MEETING. City of Southlake values: Integrity• Innovation • Accountability♦ Commitment to Excellence • Teamwork r City of Southlake City Council meeting agenda November 16, 2010 Page 4 of 7 M. GAS-10-005, Consider Requested Variances to Ordinance No. 880-A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well permit(s) associated with Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1 R1 & 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS ITEM IS ADMINISTRATIVELY TABLED PENDING CITY COUNCIL ACTION ON THE RELATED SPECIFIC USE PERMIT (Resolution No. 10-057 — GAS 10-004) AND A PUBLIC HEARING AND ACTION DATE WILL BE SET AT THE TIME THE RELATED SPECIFIC USE PERMIT ITEM IS CONSIDERED BY CITY COUNCIL. N. GAS-10-006, Consider Requested Variances to Ordinance No. 880-A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline permit associated with Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property its being described as a portion of Lots 1R1 & 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS ITEM IS ADMINISTRATIVELY TABLED PENDING CITY COUNCIL ACTION ON THE RELATED SPECIFIC USE PERMIT (Resolution No. 10-057 — GAS 10-004) AND A PUBLIC HEARING AND ACTION DATE WILL BE SET AT THE TIME THE RELATED SPECIFIC USE PERMIT 4111'' ITEM IS CONSIDERED BY CITY COUNCIL. 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: A. This item was intentionally left blank. B. Resolution No. 10-058 (ZA10-061) Specific Use Permit for a Mass Gathering for the Green Day Event on property being described as Blocks 7 and 8, Southlake Town Square Addition, and being located at Rustin Park, 1400 Fountain Place and 1400 East Southlake Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING w• C. Approve a Community Events Participation Agreement with GreenFellows, Inc. for the 2011 Southlake Green Day event. D. ZA10-062, Site Plan for a fence along East Southlake Boulevard for White's Chapel United Methodist Church on property being described as r Lot 1R, Block 1, White Chapel Methodist Church Addition, and being City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda "!"` November 16, 2010 Page5of7 located at 185 South White Chapel Boulevard. Current Zoning: CS am Community Service District. SPIN Neighborhood #9. PUBLIC HEARING E. MSP10-005, Master Sign Plan for White's Chapel United Methodist Church located at 185 South White Chapel Boulevard. 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: (There are no items on this agenda.) I 9. Other items for consideration: A. SV10-025, Variance to Sign Ordinance No. 704, as amended, for Watermere located at 2807 West Southlake Boulevard. t111 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. CERTIFICATE rlrr► I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, November 12, 2010 by 6:00 p.m., pursuant to the Texas Government Code, Chapter0564,,,,,,,,. ,, • • • , 8wo,�s Lou i f �c TRMC �: • City Secretary j ' • uty 6 'ect �aey - . . ***f If you plan to attend this public meeting and have a disalUlity't1'f t 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. it I City of Southlake values: Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork r City of Southlake City Council meeting agenda November 16, 2010 Page 6 of 7 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City a 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. Section 551.072: Deliberation regarding real property The City Council may conduct a closed meeting to deliberate the purchase, exchange, IF 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. 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. a 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, �i 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. IL City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 16, 2010 Page 7 of 7 Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism-related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. 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. il. 4ilr i a a di Ivo City of Southlake values: Integrity♦ Innovation ♦ Accountability• Commitment to Excellence ♦ Teamwork Is