2009-10-20 CC Packet C
ajfCITY OF
TEXASSOUTHLAIKE
REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 20, 2009
LOCATION: 1400 Main Street, Southlake, Texas
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Virginia M. Muzyka,
Deputy Mayor Pro Tem Laura K. Hill and Councilmembers Brandon Bledsoe, Gregory
Jones, Carolyn Morris, and Pamela A. Muller.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager/ Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of
Community Services Chris Tribble, Deputy Director of Community Services Kari
Happold, Deputy Director of Community Services Kerry McGeath, Youth Librarian
Cynthia Pfledderer, Assistant to the Director Crystal Shafer, Senior Services
Coordinator Amanda Troum, Community Services Intern Jonathan Scheu, Director of
Economic Development Greg Last, Marketing and Tourism Coordinator Jill Cherry,
Director of Finance Sharen Jackson, Deputy Director of Finance Sean Leonard,
Alternative Municipal Court Judge Gary Lee Hach, Purchasing Manager Tim Slifka,
Teen Court Coordinator Kristin White, Director of Human Resources Kevin Hugman,
Human Resources Supervisor Stacey Black, Director of Information Technology Dale
Dean, Information Technology Technician Eric Lusk, Director of Planning and
Development Services Ken Baker, Deputy Director of Planning and Development
Services Dennis Killough, Chief Building Official Paul Ward, Planner II Richard Schell,
Planner I Lorrie Fletcher, Administrative Secretary Stephanie Breitbarth, Permit
Technician Dianna Brawner, Chief of Fire Services Mike Starr, Community Initiatives
Officer Renni Burt, Emergency Management Coordinator Colleen Gilmore, Chief of
Police Services Robert Finn, Director of Public Works Robert Price, Deputy Director of
Public Works Gordon Mayer, Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor,
City Secretary Lori Payne, and Deputy City Secretary Tara Brooks.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell
at 5:35 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Clayton Reed, gave the
invocation. Mayor Terrell led the pledge of allegiance.
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Agenda Item No. 3. Reception for Board and Commission members. Mayor Terrell
thanked all of the volunteers in the room for their service to the City of Southlake and
thanked them for coming to the reception. City Manager Yelverton thanked City Council
for their direction and leadership. City Manager Yelverton and City Council called each
board member by name and presented logo shirts in recycle bags to them. Everyone
was then invited out the foyer for a reception. The reception began at 6:03 p.m.
Mayor Terrell reconvened the meeting at 6:43 p.m.
Agenda Item No. 4. Briefing by Giovanna Phillips, President of the Southlake Chamber
of Commerce, on their One Stop Shop Southlake program. Giovanna Phillips with the
Chamber of Commerce presented information on the One Stop Shop program.
Agenda Item No. 5. Economic Development Update. Director Last presented this item
to Council and answered questions. Director Tribble also presented information to
Council on landscape improvements being made to the Town Square area. Council
discussed this request.
Agenda Item No. 6. Discuss all items on tonight's meeting agenda. Council reviewed
the consent agenda items. The following items were added to the consent agenda: Item
8A and Item 9B.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session of the City Council was called to
order by Mayor Terrell at 7:37 p.m.
Agenda Item No. 5. Public Forum. Mayor Terrell moved this item up to the allow
audience members to speak prior to the City Council going into executive session.
Carl Sledz, 220 Eastwood Drive, Southlake, Texas addressed Council about the City
sewer tap fee in Woodland Heights.
Dennis Minder, 223 Eastwood Drive, Southlake, Texas addressed Council about the
sewer tap fee in Woodland Heights.
Mayor Terrell stated that he would reopen the public forum after the executive session.
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 attorney; Section 551.072, deliberation regarding real
property; and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 7:44 p.m. Executive
Session began at 8:00 p.m. and ended at 8:57 p.m.
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Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 9:07
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
Council considered the consent agenda next.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion.
Agenda Item No. 4A. Approve minutes from the October 6, 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B. Approve SPDC Matching Funds request from Keep Southlake
Beautiful in the amount of$8,000 for construction of landscape beds in Liberty Garden.
A presentation was not made on this item.
Agenda Item No. 4C. Approve a guaranteed maximum price amendment with Dean
Electric, Inc., dba Dean Construction, in the amount of $10,245,740 for construction of
Bicentennial Park Project, Phase I. A presentation was not made on this item.
Agenda Item No. 4D. Approve interlocal purchasing agreements with North Richland
Hills, Flower Mound, Harris County Department of Education, and TIPS/TAPS Region
it VIII Education Service Center. A presentation was not made on this item.
Nor Agenda Item No. 4E. Resolution No. 09-064, Approve an interlocal purchasing
agreement with TIPS/TAPS Region VIII Education Service Center. A presentation was
not made on this item.
Agenda Item No. 4F. ZA09-041, Plat Revision for Lot 6R, Block 52, Timarron Addition,
Northwood Park, Phase One being a revision of Lot 6, Block 52, Timarron Addition,
Northwood Park, Phase One and being located at 612 Northwood Trail. Current Zoning:
RPUD Residential Planned Unit Development. SPIN Neighborhood #9. A presentation
was not made on this item.
Agenda Item No. 4G. Resolution No. 09-066, Authorize the filing of a project application
with the North Central Texas Council of Governments for a regional solid waste
program grant to fund the Curbside Leaf Recycling Program in FY 2010. A presentation
was not made on this item. 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
AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE
PROGRAM LOCAL IMPLEMENTATION PROJECT; AUTHORIZING ALISON
ORTOWSKI, ASSISTANT TO THE CITY MANAGER, TO ACT ON BEHALF OF THE
1 .41w CITY OF SOUTHLAKE IN ALL MATTERS RELATED TO THE APPLICATION; AND
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009
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PLEDGING THAT IF FUNDING FOR THIS PROJECT IS RECEIVED THE CITY OF
SOUTHLAKE WILL COMPLY WITH ALL PROJECT REQUIREMENTS OF NCTCOG,
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF
TEXAS.
Agenda Item No. 4H. Consider SV09-017, Variance to Sion Ordinance No. 704, as
amended, for Carpet One located at 154 Bank Street. The applicant requested to table
this item until the December 1, 2009 City Council meeting
Agenda Item No. 41. Ordinance No. 480-588 (ZA09-017), 1st Reading, Zoning Change
and Site Plan for Bethel Methodist Church of Southlake on property being described as
Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, and being located at 180
and 190 Jellico Circle West. Current Zoning: SF-1A Single-Family Residential District.
Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. The
applicant requested to table this item until the December 1, 2009 City Council meeting.
Agenda Item No. 4J. Approve the tabling of a Commercial Developer Agreement for
construction of a middle school on Kirkwood Boulevard at Blessed Way with Carroll
Independent School District. During the work session, City Manager Yelverton stated
that staff would bring this back at the next City Council meeting.
Agenda Item No. 8A. Resolution No. 09-067, Appoint members to the Southlake 2030
Plan Element Committees. Council approved the following appointments: Economic
co, Development & Tourism Plan Committee — Southlake Business Council members Mike
Hutchison and Tim Moorehead; Mobility Plan Committee — CISD Representative Read
Ballew; Community Plan Committee - Parks and Recreation Board member Margaret
Adams and CISD Representative Craig Rothmeier; Youth Plan Committee — S.P.A.R.K.
member Suzanne Maisto, SYAC member Shannon Shankman and Park Board
Member Elaine Cox; and to appoint the Mayor position as an Ex-Officio member to all
committees.
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,
APPOINTING MEMBERS TO THE VARIOUS SOUTHLAKE 2030 PLAN ELEMENT
COMMITTEES.
Agenda Item No. 9B. ZA09-037, Plat Revision for Lots 1 R1 and 1 R2, Block 1, Southlake
Assembly of God Addition on property being described as Lot 1, Block 1, Southlake
Assembly of God and being located at 101 East Highland Street. Current Zoning: CS
Community Services District and AG Agricultural. SPIN Neighborhood #7. A
presentation was not made on this item.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; 4H to
table to the December 1, 2009 City Council meeting; 41 to table to the December 1,
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REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009
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2009 City Council meeting; 4J to table to the November 3, 2009 City Council meeting;
14- item 8A to appoint the following members: Economic Development & Tourism Plan
Committee — Southlake Business Council members Mike Hutchison and Tim
Moorehead; Mobility Plan Committee — CISD Representative Read Ballew; Community
Plan Committee - Parks and Recreation Board member Margaret Adams and CISD
Representative Craig Rothmeier; Youth Plan Committee — S.P.A.R.K. member Suzanne
Maisto, SYAC member Shannon Shankman and Park Board Member Elaine Cox; and
to appoint the Mayor position as an Ex-Officio member to all committees; and to
approve item 9B subject to Review Summary No. 4, dated October 13, 2009.-
Motion: Muzyka
Second: Hill
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events.
Mayor Terrell announced upcoming meetings and events. Councilmember Morris
discussed the Naturally Sweet fundraiser on November 7 at the Bob Jones Nature
Center.
Agenda Item No. 3B1. City Manager's Report — Financial Report. A written report was
given to Council in their packets.
Agenda Item No. 3B2. Introduce Cynthia Plfedderer, new youth librarian. Deputy
�"' Director McGeath introduced Youth Librarian Plfedderer to Council who then discussed
her background with Council.
Agenda Item No. 3C. Arts Council Report. No report was given. This item will be heard
at the November 3 City Council meeting.
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Terrell reopened the public forum. No one
spoke.
Mayor Terrell announced that item 6B would be heard next.
Agenda Item No. 6B. ZA09-040, Site Plan for Saint Laurence Episcopal Church on
property being described as Lot 1 R, Block A, Saint Laurence Episcopal Church Addition
and being located at 517, 519 and 529 North Kimball Avenue. Current Zoning: CS
Community Service District. SPIN Neighborhood #4. Director Baker presented this item
to Council. Applicant Adam Crandall, 3409 High Timber Drive, Grapevine, Texas is a
Boy Scout who is building the proposed pergola for his Eagle Scout project.
No one spoke during the public hearing.
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Motion was made to approve ZA09-040, Site Plan for Saint Laurence Episcopal Church
1. 4-v
subject to the staff report dated October 2, 2009.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 6A. ZA09-038, Site Plan for 175 Miron Drive (Roof Improvements) on
property being described as Lot 2R1, Block 1, Miron Subdivision and being located at
175 Miron Drive. Current Zoning: B1 Business Service Park District. SPIN
Neighborhood #8. Deputy Director Killough presented this item to Council. Applicant
Eric Lonardo, 125 Creek Courts Drive, Trophy Club, Texas answered Council's
questions.
No one spoke during the public hearing.
Motion was made to approve ZA09-038, Site Plan for 175 Miron Drive (Roof
Improvements) subject to the staff report dated October 14, 2009.
Motion: Jones
Second: Muller
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 6C. Resolution No. 09-065, (ZA09-042) Specific Use Permit for an
accessory building for Koch Pipeline on property being described as Lot 2, Block 1, Fina
Addition and being located at 2350 State Highway 26 (Ira E. Woods Avenue.) Current
Zoning: 12 Heavy Industrial District. SPIN Neighborhood #8. Deputy Director Killough
announced that the applicant was not present this evening so Council agreed to table
this item to the next Council meeting.
The Mayor opened the public hearing. No one spoke during the public hearing. The
public hearing was closed.
Motion was made to table this item to the November 3, 2009 City Council meeting.
Motion: Muzyka
Second: Jones
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Councilmember Jones recused himself from the next item and left the chambers.
Agenda Item No. 7A. Ordinance No. 480-542a, (ZA09-046), 1st Reading, Zoning
Change and Site Plan for Southlake Villa Offices on property being described as Tract
1. 4w
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009
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/ 3, W.W. Hall Survey, Abstract No. 687 and being located at 310 East Southlake
L „r,,,, Boulevard. Current Zoning: S-P-1 Site Plan Zoning District. Deputy Director Killough
presented this item and answered Council's questions. Applicant Skip Blake, Blake
Architects, 1202 South White Chapel Boulevard, Southlake, Texas answered Council's
questions.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-542a, (ZA09-046), 1st Reading, Zoning
Change and Site Plan for Southlake Villa Offices subject to Review Summary No. 1,
dated October 1, 2009.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 9A. Consider SV09-019, Variance to Southlake Town Square Grand
Avenue District Conditional Sign Permit for Metropark located at 252 Grand Avenue,
Building GA-2. Director Baker announced the applicant was not present this evening so
Council agreed to table this item to the next Council meeting.
L1/40, Motion was made to table this item to the November 3, 2009 City Council meeting.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 11. Meetingadjourned. Mayor Terrell the meetingat 9:52
9 Y adjourned
p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
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John Terrell
Mayor
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REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009
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S*athlake City Council meeting
Public Comment Form
Please print. Return completed form to City Secretary prior to start of regular session.
Name: N k S l 1 0 Date: >o /05
Address: -1.Z-1 Ch5'7-1.0,6 . Phone: el )- /(j-7 yy v
I wish to share my views on an Agenda Item:
Agenda Item#
I will speak in SUPPORT of this item
I will speak in OPPOSITION to this item
I do not wish to speak, but please record my
SUPPORT OPPOSITION
I wish to speak during Public Forum on an item not on tonight's agenda
Topic: Wc p Roe.gers S U2 P -5
Note: To allow everyone an opportunity to be heard,please limit your comments to 3 minutes.
.... .... wed ,...4 J J ...I ..a
Southlake City Council meeting
Public Comment Form
Please print. Return completed form to City Secretary prior to start of regular session.
Name: e Z. S G. ei2 Date: /a etc Q 9
Address: a.A d EA,,r'ned o / t/�,.. Phone: g / 7 y f/'24j e
1 I wish to share my views on an Agenda Item:
Agenda Item#
I will speak in SUPPORT of this item
I will speak in OPPOSITION to this item
I do not wish to speak, but please record my
SUPPORT OPPOSITION
NI wish to speak during Public Forum on an item not on tonight's agenda
r /! ram►
Topic: C : ?, V .ms-r.r A: 4:-" F ,� Wood'b,,• h )gyp I�
Note: To allow everyone an oportunity to be heard,please limit your comments to 3 minutes. /
Description City Council meeting - all present
Date 10/20/2009 Location Southiake Council Chambers
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City Council meeting - all present Southlake Council Chambers
tTime Speaker Note
5:41:20 PM Mayor called the meeting to order
i 5:41:23 PM Chaplain Clayton gave the invocation
.....
Reed
5:43:05 PM Mayor led the pledge of allegiance
E 5:43:14 PM Mayor thanked all of the volunteers in the room and thanked them for
coming tonight
5:43:44 PM Shana Yelverton thanked City Council and discussed the plans for the reception
and ceremony this evening
i 5:45:53 PM Shana and City walked down front and presented the board members with Council thank you logo shirts and recycable bags - Shana invited
E everyone out to the foyer for a reception
6:43:18 PM Mayor reconvened the meeting
6:44:20 PM Giovanna Phillips presented information the One Stop Shop program
E with the Chamber of
Commerce
6:54:21 PM Greg Last gave the economic development update
E7:03:22 PM Morris 3 months with Southlake Style; suggested also advertising in
Society Life
II 7:04:13 PM Chris Tribble presented information about Town Square landscaping and
beautification
7:09:20 PM Morris iron gates around all tree wells, pots with flowers in tree wells
E7:12:47 PM Bledsoe partnership with Inland; strategically plan landscaping around
L town
C 7:13:59 PM Mayor commended staff on their work so far which have made a
tremendous impact
7:14:34 PM Morris flags will be great
II 7:14:50 PM Greg Last
7:17:04 PM Greg Last continued with RFQ for tourism component of 2030
updated Council on the Southlake Business Council progress
C 7:18:37 PM Greg Last
7:28:51 PM Last Strategic partnerships and stakeholders
concluded his presentation
7:29:46 PM Morris wondered about the timeline on the video
B 7:30:28 PM Mayor reviewed the consent agenda items - 4a, 4b, 4c, 4d, 4e, 4f, 4g,
to table items 4h, 4i, and 4j, and including items 8a, and 9b
subject to plat review summary 4 dated 10-13-09
7:37:40 PM Mayor ..•
opened public forum early to allow some audience members to .
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speak prior to Council went into executive session
7:38:09 PM Carl Sledz ,
asked Council for a 6 month extension of the time allowed for a'
waiver to connect to city sewer .
E 7:41:05 PM Dennis Minder spoke as President of the Woodland Heights HOA- requested
a 6 month extension to the fee required to connect to city
sewer
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City Council meeting - all present Southlake Council Chambers
ITime Speaker Note
7:43:49 PM Mayor closed the public forum for now
L 7:44:09 PM Mayor called for an executive session
•9:07:41 PM Mayor reconvened the meeting following exec session
9:08:20 PM Mayor read thru the consent agenda items - 4a, 4b, 4c, 4d, 4e, 4f, 4g,
E to table items 4h, 4i, and 4j and including items 8a as read into
the record and 9b
9:09:22 PM Muzyka motion to approve consent agenda items
C9:10:47 PM Hill second - approved consent agenda 7-0
9:11:12 PM Mayor gave Mayors Report - meetings and events
[ 9:12:38 PM Kerry McGeath introduced our new youth librarian, Cynthia Plfedderer, who .
introduced herself to Council
9:22:59 PM Morris discussed the Naturally Sweet event at Bob Jones Nature
E Center, discussed the Festival of Trees event coming up in
November in conjunction with Home for the Holidays
E9:26:10 PM public forum opened no one spoke
9:26:24 PM Mayor moved item 6b to be heard next
I 9:26:46 PM Ken Baker presented item 6b to Council
9:28:57 PM Applicant Boy Scout presented this item to Council - his Eagle Scout project is to
Aman Crandall build a pergola for the church
Et (could not
understand the
‘ftw Scout's name)
C9:30:19 PM public hearing no one spoke
9:30:31 PM Hill motion to approve item 6b subject to review
E 9:30:49 PM Muzyka second - approved 7-0 (Mayor took a moment to take a picture :
with the Scout)
9:31:44 PM Dennis Killough presented item 6a to Council
C 9:35:53 PM Applicant Eric
Leonardo answered Council's questions
9:37:28 PM public hearing no one spoke
[ 9:37:45 PM Jones
9:37:58 PM Muller motion to approve item 6a
second -approved item 6a 7-0
9:38:25 PM Dennis Killough said there is no applicant for item 6c in the audience
IE9:39:56 PM Mayor opened the Mayor closed the public hearing
public hearing
9:40:12 PM Jones motion to table item 6c to the next Council meeting
[ 9:40:36 PM ? didnt hear who second - approve to table 7-0 to next meeting
made it
E 9:41:12 PM Dennis Killough presented item 7a to Council - Greg Jones recused himself
from item 7a and left the Chambers
9:44:24 PM Council asked questions
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City Council meeting - all present Southlake Council Chambers
Time Speaker Note
9:46:35 PM Applicant Skip Blake answered Council's questions
9:50:21 PM public hearing no one spoke
9:50:30 PM Hill motion to approve item 7a subject to review
9:50:46 PM Muzyka
second - approved 6-0
9:51:13 PM Ken Baker said the applicant was not present
••
9:51:45 PM Hill motion to table item 9a to the next regular Council meeting
9:52:08 PM •Muzyka second -tabled 6-0
9:52:28 PM Mayor adjourned meeting
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CONFLICT OF INTEREST AFFIDAVIT
410,
THE STATE OF TEXAS §
COUNTY OF��7eT2it/lr. §
as a member of the 6i of the City
of Southlake, make this affidavit and hereby on oath state the following: I, my spouse, and/or a
person or persons related to me within the first degree of consanguinity or affinity, have a substantial
interest in a business entity or real property as defined in Chapter 171, Texas Local Government
Code, and/or City of Southlake No. 635-A and a vote is to be taken or a decision is to be made that
will have a special economic effect on this business entity or real property.
The agenda item affecting this business entity or real property is: .
COMPLETE (A) or(B): (A) The business entity is. '':nr-I name ; or
(B) The real property is located at: 310 �, ZjOLTUi'f � &JD
I have a substantial interest because I, myspouse, and/or aperson or persons related to me within the
first degree of consanguinity or affinity have the following relationship to the business entity or real
property which will likely be affected by the vote on the above-referenced agenda item: (check all
which are applicable)
Ownership of 10%or more of the voting stock or shares of the business entity.
-ownership of 10% or more or $5,000 or more of the fair market value of the business
entity.
Funds received from the business entity exceed 10%of gross income for the previous year.
Hold a position of member of the board of directors or other governing board of the
business entity.
Serve as an elected officer of the business entity.
An employee of the business entity.
Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars
($5,000.00) or more.
Property of the person has been pledged to the business entity or is subject to a lien in favor
of the business entity in the amount of five thousand dollars ($5,000.00) or more.
Have an equitable or legal ownership of real property with a fair market value of at least
$2,500.00.
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Other:
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Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any
decision and from any further participation by discussion or debate regarding the above-referenced
agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start
of the meeting at which the agenda item in question is being addressed or as soon as practicable once
C I realized a potential conflict exists. �j
Signed this Dg day of Oeftel-L-- , 20� 1 1
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Signature of.'� 1111."--
The State of 1 pyc_Gt,S §
CCounty of f Q rraki-fr §
ll Before me, �rP c�P on this day personally appeared
�� LJ 1 � known to me (or proved to me on the oath of
— J ) or through (description of identity card or other
document) to be the person whose name is subscribed to the foregoing instrument and stated that the
statements made in this affidavit are within his personal knowledge and true and correct.
ihr iven under my hand and seal of office this 2.O' lay of 0G4b ,
(SEAI<.)�0� Y
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n = Notary Public in an or the State of Texas
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6000 WESTERN PLACE,SUITE 200 TELEPHONE:(817)332-2580
Taylor!Also»Adkins Stella Elam
IL I-30 AT BRYANT-IRVIN ROAD LLP TOLL FREE:(800)318-3400
FORT WORTH,TEXAS 76107-4654 FACSIMILE:(817)332-4740
EMAIL:TOASE@TOASE.COM Attorneys AP Counselors WEBSITE:WWW.TOASE.COM
ior
E.ALLEN TAYLOR,JR.
EXT. 212
ataylor@toase.com
October 20, 2009
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
Dear Mayor and Councilmembers:
You have asked our office to review the executive session posting for the October 20,2009,
C regular city council meeting. It is my understanding that the following executive session has been
posted for the requisite time:
A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas
LGovernment 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 potential construction
delay claim.
b. Update on ethics requirements for elected officials.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for city
facilities.
3. Section 551.087: Deliberation regarding economic development
negotiations
a. Economic incentives for businesses.
L 4,..,
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October 20, 2009
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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. Michael Kenny vs. City of Southlake. April 2008.
2. Jayson Steele vs. City of Southlake. August 2008.
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.
416,9 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.
Section 551.076: Deliberation regarding security devices
The City Council may deliberate the deployment, or specific occasions for implementation of
security personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations
The City Council may discuss or deliberate regarding commercial or financial information received
from a business prospect that the city seeks to have locate, stay, or expand in or near the city and
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.
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October 20, 2009
Page 3
Section 418.183(1): Texas Disaster Act
The Citymay Council 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 CityCouncil maydiscuss emergency management plans involving pipeline safety and/or
g Y g
security ofpipeline infrastructures or facilities when those plans or discussions contain such sensitive
ft 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.
It is appropriate for the council to receive legal advice from our office about any of the above
listed lawsuits or claims.
Further, it is appropriate for the council to discuss in executive session the exchange, lease
or value of real property under Section 551.072 if the city council reasonably believes that
deliberation in open session would have a detrimental effect on the city's negotiations for that
property.
Additionally,it is appropriate for the council to deliberate in executive session a negotiated
contract for a prospective gift or donation under Section 551.073 if the city council reasonably
believes that deliberation in an open meeting would have a detrimental effect on the position of the
city.
Under Section 551.074, the city council may deliberate the appointment or employment of
a city officer, or employee. Under Attorney General opinions rendered in different contexts, the
Attorney General has concluded that personnel discussions under this section must pertain to an
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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.
If you have any additional questions or concerns,please feel free to contact our office.
Sincerely,
ctik„ ,
E. Allen Taylo'Jr.
EAT/ds
cc: Shang Yelverton
City of Southlake
1400 Main Street
Suite 460
Southlake, Texas 76092
Lori Payne
City of Southlake
1400 Main Street
Suite 270
Southlake, Texas 76092
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CITY OF
Law
TEX SOASUTH LAKE
REGULAR CITY COUNCIL MEETING: OCTOBER 20, 2009
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order.
2. Invocation: Clayton Reed, Chaplain of the Month
3. Reception for Board and Commission members
4. Briefing by Giovanna Phillips, President of the Southlake Chamber of Commerce,
on their One Stop Shop Southlake program
5. Economic Development Update
6. 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: 6:30 P.M. or immediately following the work session
Et
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
a. Seek advice of attorney regarding potential construction
delay claim.
b. Update on ethics requirements for elected officials.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities.
3. Section 551.087: Deliberation regarding economic
development negotiations
14w a. Economic incentives for businesses.
City of Southlake values:
Integrity• Innovation • Accountability• Commitment to Excellence • Teamwork
eF
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City of Southlake
City Council meeting agenda
October 20,2009
Page 2 of 6
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. Financial Report
2. Introduce Cynthia Plfedderer, new youth librarian
C. Arts Council Report
CONSENT AGENDA: All items listed below are considered to be routine by the City
Council and will be enacted with one motion. There will be no separate discussion of
items unless a Councilmember or citizen so requests, in which event the item will be
removed from the general order of business and considered in its normal sequence.
4. Consent:
A. Approve minutes from the October 6, 2009 regular City Council meeting.
B. Approve SPDC Matching Funds request from Keep Southlake Beautiful in
Et the amount of $8,000 for construction of landscape beds in Liberty
Garden.
C. Approve a guaranteed maximum price amendment with Dean Electric,
Inc., dba Dean Construction, in the amount of $10,245,740 for
construction of Bicentennial Park Project, Phase I.
D. Approve interlocal purchasing agreements with North Richland Hills,
Flower Mound, Harris County Department of Education, and TIPS/TAPS
Region VIII Education Service Center.
E. Resolution No. 09-064, Approve an interlocal purchasing agreement with
TIPS/TAPS Region VIII Education Service Center.
F. ZA09-041, Plat Revision for Lot 6R, Block 52, Timarron Addition,
Northwood Park, Phase One being a revision of Lot 6, Block 52, Timarron
Addition, Northwood Park, Phase One and being located at 612
Northwood Trail. Current Zoning: RPUD Residential Planned Unit
Development. SPIN Neighborhood #9.
G. Resolution No. 09-066, Authorize the filing of a project application with the
North Central Texas Council of Governments for a regional solid waste
program grant to fund the Curbside Leaf Recycling Program in FY 2010.
LIP,
City of Southlake values:
Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
C •
City of Southlake
City Council meeting agenda
October 20,2009
Page 3 of 6
ASV H. Consider SV09-017, Variance to Sign Ordinance No. 704, as amended,
for Carpet One located at 154 Bank Street. THE APPLICANT HAS
REQUESTED TO TABLE THIS ITEM UNTIL THE DECEMBER 1, 2009
CITY COUNCIL MEETING.
I. Ordinance No. 480-588 (ZA09-017), 1st Reading, Zoning Change and Site
Plan for Bethel Methodist Church of Southlake on property being
described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18,
and being located at 180 and 190 Jellico Circle West. Current Zoning: SF-
1A Single-Family Residential District. Requested Zoning: S-P-1 Detailed
Site Plan District. SPIN Neighborhood #11. THE APPLICANT HAS
REQUESTED TO TABLE THIS ITEM UNTIL THE DECEMBER 1, 2009
CITY COUNCIL MEETING.
J. Approve the tabling of a Commercial Developer Agreement for
construction of a middle school on Kirkwood Boulevard at Blessed Way
with Carroll Independent School District.
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.)
�
6. Ordinances, second readings,eadmgs, public hearings, and related items:
A. ZA09-038, Site Plan for 175 Miron Drive (Roof Improvements) on property
being described as Lot 2R1, Block 1, Miron Subdivision and being located
at 175 Miron Drive. Current Zoning: B1 Business Service Park District.
SPIN Neighborhood #8. PUBLIC HEARING
B. ZA09-040, Site Plan for Saint Laurence Episcopal Church on property
being described as Lot 1 R, Block A, Saint Laurence Episcopal Church
Addition and being located at 517, 519 and 529 North Kimball Avenue.
Current Zoning: CS Community Service District. SPIN Neighborhood #4.
PUBLIC HEARING
C. Resolution No. 09-065, (ZA09-042) Specific Use Permit for an accessory
building for Koch Pipeline on property being described as Lot 2, Block 1,
Fina Addition and being located at 2350 State Highway 26 (Ira E. Woods
Avenue.) Current Zoning: 12 Heavy Industrial District. SPIN Neighborhood
#8. PUBLIC HEARING
7. Ordinances, first readings, and related items:
City of Southlake values:
Integrity• Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 20,2009
Page 4 of 6
LAw A. Ordinance No. 480-542a, (ZA09-046), 1st Reading, Zoning Change and
Site Plan for Southlake Villa Offices on property being described as Tract
3, W.W. Hall Survey, Abstract No. 687 and being located at 310 East
Southlake Boulevard. Current Zoning: S-P-1 Site Plan Zoning District.
Proposed Zoning: S-P-1 Site Plan Zoning District. SPIN Neighborhood #7.
(If approved at first reading, the public hearing will be held November 3,
2009.)
8. Resolutions:
A. Resolution No. 09-067, Appoint members to the Southlake 2030 Plan
Element Committees.
9. Other items for consideration:
A. Consider SV09-019, Variance to Southlake Town Square Grand Avenue
District Conditional Sign Permit for Metropark located at 252 Grand
Avenue, Building GA-2.
B. ZA09-037, Plat Revision for Lots 1 R1 and 1 R2, Block 1, Southlake
Assembly of God Addition on property being described as Lot 1, Block 1,
Southlake Assembly of God and being located at 101 East Highland
Et Street. Current Zoning: CS Community Services District and AG
Agricultural. SPIN Neighborhood #7.
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
CERTIFICATE
I hereby certify that the above
was agenda posted on the official bulletin boards at Town
9
Hall, 1400 Main Street, Southlake, Texas, on Friday, October 16, 2009, by 6:00 p.m.,
pursuant to the Texas Governmept a def,,Chapter 551.
go-A: r2 ......
_,
cn
Lori Payne, TR - }?sty....
�� ' '
City Secretary .........
= '
If you plan to attend this public meetirS 'andhave a disability that 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.
L41-
City of Southlake values:
Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence • Teamwork
City of Southlake
• City Council meeting agenda
October 20,2009
Page 5 of 6
.r EXECUTIVE SESSION
Section 551.071: Consultation with attorney
The City Council may conduct a private consultation with its attorney when the City
Council seeks the advice of its attorney concerning any item on this agenda, about
pending and contemplated litigation, or a settlement offer, or on a matter in which the
duty of the attorney to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551.
This includes the following pending and/or contemplated litigation subjects:
1. Michael Kenny vs. City of Southlake. April 2008.
2. Jayson Steele vs. City of Southlake. August 2008.
Section 551.072: Deliberation regardingreal property p p Y
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.
Et Section 551.074: Deliberation regarding personnel matters
The City Council may deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of public officers, including the City
Manager, City Secretary, City Attorney, Municipal Judge and city boards and
commission members. A complete list of the city boards and commissions is on file in
the City Secretary's Office.
Section 551.076: Deliberation regarding security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations
The City Council may discuss or deliberate regarding commercial or financial
information received from a business prospect that the city seeks to have locate, stay,
or expand in or near the city and which the City is conducting economic development
negotiations; or to deliberate the offer of a financial or other incentive to a business
prospect as described above.
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
I4aw infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive
City of Southlake values:
Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 20,2009
Page 6 of 6
L4--v 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
( ) t nqs 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.
EL
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City of Southlake values:
Integrity♦ Innovation •Accountability♦ Commitment to Excellence • Teamwork
STATE OF TEXAS §
§
CITY OF SOUTHLAKE §
CERTIFIED AGENDA
CITY COUNCIL
I, Mayor John Terrell, CITY OF SOUTHLAKE, TEXAS, HEREBY CERTIFY AS FOLLOWS:
1. That notice of an executive session in accordance with Chapter 551 of the Texas Government
Code was duly posted along with the Regular Agenda for the (0 - , City Council
meeting on ID -Ka-O("( , by (o CD a.m p. .
2. That the City Council convened in executive session on I o - 'C)`3/ , at o 00 ,
a.m.ar ith the following Councilmembers and staff members present:
Mayor Terrell Shana Yelverton, City Manager
Carolyn Morris Jim Blagg, Assistant City Manager
Virginia M. Muzyka Ben Thatcher, Assistant City Manager
Laura K. Hill Lori Payne, City S,P retary__
Greg Jones City Attorney rtl ( -
arc
Brandon Bledsoe Other staff members:
Pamela Muller
3. That the matters discussed by the City Council were as follows: � ^�
(1) P (0A e 1-1S I V/i r'o.� 1i1n'v7C-
Other staff members present for (1):
(2) Y.(-er t.-f1 6u( C.C.;1tru c-fr'CIA de(al c-ar;-- ga.
•
Other staff members re ent for (2): &bf r' r ce C�djCu`"l �j C (iay'c
) l uspre2
(3) PO 4'2�-('caQ am- 42 P asp rp,-( Pr--oDP1--fry -t-o r'Gf y _
Other staff members present for (3): Pn cP u'l
oYr-eD y 2-00S G
(4) Po-f-e vrh tease or (Pace `ea •c(-1-- -tau lF�l�s
Other staff members present for (4): l �j(itar'p�-L JGcc.{G�
(5) a f -6t4e OR e-HA iLS r-ri re liAe kN&S 1 eL&d Gres
Other staff members present for (5): hone- o$`ir c.‘ tse a oo�—ste.,,� Ye,l v p , Par P �I1ez T /c
4. No formal action was taken by the Council during executive session. r
5. That the executive session ended on /0" -01 at g r 5 7 a.m p.m
are--
Lori Payne John Terre
City Secretary Mayor
N:\City Secretary\Forms\certified agenda 2008.doc
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