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