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2009-10-06 CC Packet CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 6, 2009 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Virginia M. Muzyka, and Councilmembers Brandon Bledsoe, Gregory Jones, Carolyn Morris, and Pamela A. Muller. CITY COUNCIL ABSENT: Deputy Mayor Pro Tern Laura K. Hill. 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, Bob Jones Nature Center Coordinator Katie Fosha, Marketing and Tourism Coordinator Jill Cherry, Director of Finance Sharen Jackson, Purchasing Manager Tim Slifka, Director of %r Human Resources Kevin Hugman, 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 Clayton Comstock, Planner II Jenny Crosby, Planner I Daniel Cortez, Planner I Lorrie Fletcher, Plans Examiner Skip Vandergrifft, Chief of Fire Services Mike Starr, Deputy Police Chief Rusty Daniels, Police Officer Alton Wells, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Operations Manager Chuck Kendrick, City Attorney Tim Sralla, and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell at 5:35 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Eric Hulet, gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Proclamation for Community Planning Month. Mayor Terrell presented the proclamation to members of the Planning and Development Services Department. ar REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009 Page 1 of 8 C Agenda Item No. 4. Update on Southlake 2030 Plan Process. Director Baker and Planner Comstock presented this item to Council. Agenda Item No. 5. Introduction of Katie Fosha, Bob Jones Nature Center Coordinator and BJNCP Update/BJNC Organization Partnership. Deputy Director Happold introduced new Bob Jones Nature Center Coordinator Fosha to the Council. • Agenda Item No. 6. Briefing by Giovanna Phillips, Southlake Chamber, on Oktoberfest to be held in October 9 — 11, 2009. Alan Smith with the Southlake Chamber of Commerce presented this item to Council. Agenda Item No. 3A. Mayor's Report. Doug Sluiter with Gateway Church thanked members of the Police Department for capturing individuals who were stealing construction materials from the site of the new Gateway Church campus. Agenda Item No. 7. Discuss all items on tonight's meeting agenda. Council reviewed the consent agenda items. Item 9C to table was added to the Consent Agenda. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to order by Mayor Terrell at 6:20 p.m. 1110, Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.072, 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 6:45 p.m. and ended at 7:50 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:00 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Agenda Item No. 3A2. Mayor's Report — American Red Cross Update. Emily Getzschman with the American Red Cross presented this item. Ms. Getzschman described how the Chisholm Trail Chapter helps the community in the event of a disaster as well as the other various support functions they provide. Agenda Item No. 3B. City Manager's Report. No report was given. Agenda Item No. 3C. School District Reports. No reports were given. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009 Page 2 of 8 C CONSENT AGENDA: Consent agenda items are considered to be routine by the City L ,r, Council and are enacted with one motion. Council added item 9C to the consent agenda to table that item. Agenda Item No. 4A. Approve minutes from the September 15, 2009 regular City Council meeting and from the September 21, 2009 special City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Authorize purchase of replacement vehicles from Philpott Motors in the amount of$230,553.50. A presentation was not made on this item. Agenda Item No. 4C. Authorize purchase of replacement vehicles from Caldwell Country Chevrolet and John Wright Associates in the amount of $34,064.20. A presentation was not made on this item. Agenda Item No. 4D. Approve a Professional Services Agreement for the design of the T.W. King Meter Station with Freese and Nichols, Inc. in the amount of $66,600. A presentation was not made on this item. Agenda Item No. 4E. Authorize the purchase of Vac-Con Combination Sewer Cleaner from Vac-Con, Inc. and Santex Truck Center through Houston-Galveston Area Council of Governments in the amount of $230,947.66. Director Price answered Council's Elhw questions during the Work Session. Agenda Item No. 4F. Approve a tender agreement with Great American Insurance Company for the completion of Liberty Park at Sheltonwood and Royal & Annie Smith Park in the amount of$55,090.30. A presentation was not made on this item. Agenda Item No. 4G. Approve a Construction Contract with Dean Electric, Inc., dba Dean Construction, for the completion of Liberty Park at Sheltonwood and Royal & Annie Smith Park in the amount of$285,094. A presentation was not made on this item. Agenda Item No. 9C. Approve a Commercial Developer Agreement for construction of a middle school on Kirkwood Boulevard at Blessed Way with Carroll Independent School District. Council agreed to table this item to the next City Council meeting during the work session. Motion was made to approve consent agenda items 4A, 4B, 4C, 4D, 4E, 4F, 4G, and including item 9C to table to the next City Council meeting. Motion: Muzyka Second: Jones Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 I gaw REGULAR AGENDA: REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009 Page 3 of 8 C 11:419 Agenda Item No. 5. Public Forum. No one spoke during the public forum. Agenda Item No. 6A. Resolution No. 09-062, (ZA09-036), Specific Use Permit for a Mass Gathering Event for Spokes 4 Hope (Police Motorcycle Rodeo) on property being described as Lot 1, Block 17, Southlake Town Square Addition and being located at 1420 Division Street. Current Zoning: DT Down Town District. SPIN Neighborhood #8. Planner Fletcher presented this item to Council. Applicant Alton Wells answered Council's questions. 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, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR SPOKES 4 HOPE POLICE MOTORCYCLE RODEO ON PROPERTY WITHIN THE i� CITY OF SOUTHLAKE, TEXAS, LOCATED AT SOUTHLAKE TOWN SQUARE, 1420 DIVISION STREET, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 17, SOUTHLAKE TOWN SQUARE ADDITION, 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. No one spoke during the public hearing. k„, Motion was made to approve Resolution No. 09-062, (ZA09-036), Specific Use Permit for a Mass Gathering Event for Spokes 4 Hope (Police Motorcycle Rodeo) as presented tonight to City Council; subject to the Staff Report dated September 11, 2009; and remaining valid for three events over a period of the next six years. Motion: Jones Second: Muller Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6B. Resolution No. 09-063, (ZA09-039), Specific Use Permit for a Mass Gathering Event for Home for the Holidays and Festival of Trees on property being described as Southlake Town Square Addition and being generally located between East Southlake Boulevard, North Carroll Avenue and State Highway 114. Current Zoning: DT Down Town District. SPIN Neighborhood #8. Planner Fletcher presented this item to Council. Applicant Gayle Santora presented information on the Festival of Trees. Director Tribble, and Southlake Town Square representatives Karla Chase and Tim Moorehead, 1256 Main Street, Southlake, Texas presented information on the Festival of Trees, Town Square holiday events, and valet services, respectively. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009 Page 4 of 8 C A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC LAw USE PERMIT FOR A MASS GATHERING EVENT FOR HOME FOR THE HOLIDAYS AND FESTIVAL OF TREES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT SOUTHLAKE TOWN SQUARE, 1420 DIVISION STREET, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE ONE, 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. Council discussed this item and asked questions of the presenters. No one spoke during the public hearing. Motion was made to approve Resolution No. 09-063, (ZA09-039), Specific Use Permit for a Mass Gathering Event for Home for the Holidays and Festival of Trees for a term of one year; subject to the Staff Report dated September 11, 2009; subject to Director Bob Price's letter dated October 6, 2009 and subject to the presentation tonight to City Council. Motion: Morris Second: Muller Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Ek Approved: 6-0 Agenda Item No. 8A. Resolution No. 09-061, Amend the resolution establishing the Southlake Business Council. Assistant City Manager Blagg presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING RESOLUTION NO. 09-010 TO CHANGE THE NUMBER, MEMBERSHIP CRITERIA AND TIME OF APPOINTMENT OF REPRESENTATIVES ON THE SOUTHLAKE BUSINESS COUNCIL (SBC); AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 09-061, Amend the resolution establishing the Southlake Business Council noting the Mayor's suggested changes: appointing one City Council liaison to the board and changing the wording on the initial terms to at least one-half of the members being appointed to a one-year term and at least one-half of the members being appointed to a two-year term. Motion: Jones Second: Muzyka Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Aw REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009 Page 5 of 8 mr C C Agenda Item No. 8B. Resolution No. 09-051, Appoint members to the Southlake -, Business Council. Mayor Terrell introduced this item and read the suggested recommendations. 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 SOUTHLAKE BUSINESS COUNCIL AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 09-051, Appoint members to the Southlake Business Council to appoint the following persons as listed: Bank / Financial: Randall McCauley (two year term); Terrance Henderson (one year term); Commercial Developer: Frank Bliss (one year term); Jeff Kennemer (two year term); Corporate/ National: Noreen Henry (one year term); Hospitality/ Hotel: Michael Hutchison (two year term); Manufacturing / Distribution: Peter Ermish (two year term); Marketing / Public Relations: Mike Tesoriero (two year term); Chris Schrobilgen (one year term); Medical: Traci Bernard (two year term); �i Realtor/ Residential Developer: Tommy Pennington (one year term); Restaurant/ Local: John Finlayson (one year term); E‘i„, Restaurant/ Franchise: Mark Guilbert (two year term); Retail / Local: Austin Jourde (two year term); Retail / Franchise: Tim Moorehead (one year term); Technology/ Hi-Tech: Santhosh Gandhari (one year term); Professional Services: Mack Zimmerman (one year term); Brian Zvonecek (two year term); General Business: Jason Schmidt (two year term); Alex Garcia (one year term); Ex-Officio Member— Mayor's Advisory Committee representative: Clayton Reed; and, City Council liaison: Laura K. Hill. Motion: Jones Second: Muzyka Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 8C. Resolution No. 09-052, Appoint members to the Crime Control and Prevention District Board of Directors. Mayor Terrell introduced 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, APPOINTING PERSONS TO SERVE AS THE BOARD OF DIRECTORS FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING AN EFFECTIVE DATE. rr REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009 Page 6 of 8 I " Motion was made to approve Resolution No. 09-052, Appoint members to the Crime Control and Prevention District Board of Directors to appoint Ken McMillan, Robert Williams, Frank Powers, and Martin Schelling. Motion: Muzyka Second: Bledsoe Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 9A. Consider SV09-017, Variance to Sign Ordinance No. 704, as amended, for Carpet One located at 154 Bank Street. Director Baker presented this item to Council. Applicant Gary Gilbert with Carpet One and Richard Britton with Signs Of Any Kind made a presentation and answered Council's questions. Director Price answered Council's questions. Council discussed this request and asked questions of Mr. Gilbert and Mr. Britton. After discussing, Mr. Gilbert asked to table this item. Motion was made to table SV09-017, Variance to Sign Ordinance No. 704, as amended, for Carpet One located at 154 Bank Street to the next City Council meeting on October 20, 2009. E. Motion: Jones Second: Muller Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell a Nays: None Approved: 6-0 to table Agenda Item No. 9B. Consider SV09-018, Variance to Sign Ordinance No. 704, as amended, for Mendez Office Building located at 910 East Southlake Boulevard. Director Baker presented this item to Council. Applicant Steven Lease with Structures and Interiors and Dr. Angelo Mendez answered Council's questions. Motion was made to approve SV09-018, Variance to Sign Ordinance No. 704, as amended, for Mendez Office Building located at 910 East Southlake Boulevard subject to the presentation; requiring a 24-inch planter box with 18-inch extension on both sides of the sign and made of materials that compliment the sign and/or building; limiting the number of tenants on the sign to five (5); requiring the attached letters on the sign to match those on the monument sign for 900 East Southlake Boulevard in color, font, and maximum 4-inch letter size; and requiring maintenance of the plant material in perpetuity. Motion: Jones Second: Morris Ayes: Bledsoe, Jones, Morris, Terrell Nays: Muller, Muzyka I •-• Approved: 4-2 REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009 Page 7 of 8 E C I 4s.' Agenda Item No. 10A. Discuss possible revisions to the Town Hall Use Policy. Staff requested to table this item. There was no discussion on this item. Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 10:42 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Ter Mayor ATTEST: - p A y� `Ar• 'l•� i�� r �i • Lori Payne ° cos City Secretary - * C C C C C C • kb, C L REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009 Page 8 of 8 Description City Council meeting - Mayor, Muzyka, Muller, Morris, Jones, Bledsoe (Hill abent) Law Date 10/6/2009 Location Southlake Council Chambers C C C C Ez C C C I I C L . , E City Council meeting - Mayor, Muzyka, Muller, Morris, Jones, BleiSouthlake Council Chambers Time Speaker Note 5:35:02 PM Mayor called the meeting to order •Liw 5:35:14 PM Eric Hulet gave the invocation 5:36:56 PM Mayor led the pledge of allegiance E5:37:13 PM Mayor presented the proclamation for community planning month 5:40:12 PM Ken Baker presented an update on the Southlake 2030 Plan Process IC5:53:12 PM Clayton Comstock presented the youth plan portion of the 2030 plan process C 6:04:06 PM Council 6:04:36 PM Kari Happold discussed this request introduced new employee Katie Fosha ••6:08:13 PM Katie Fosha thanked Council for the opportunity to work at the Nature II 6:08:41 PM Council Center made comments to Katie 6:10:10 PM Alan Smith represented the Chamber of Commerce - made a C 6:14:29 PM Doug Sluiter presentation on the upcoming Oktoberfest event discussed an event that took place October 3 where some individuals were stealing some construction materials on the C Gateway Church, thanked the dps employees who ultimately arrested the perps 6:17:13 PM Mayor reviewed agenda items - 4a, 4b, 4c, 4d, 4e, 4f, 4g and Ct including item 9c to table ‘ar 6:19:38 PM Bob Price 6:20:12 PM Mayor answered a question on item 4e called an executive session C8:00:27 PM Mayor reconvened meeting 8:00:41 PM Mayor gave an update of meetings and events II 8:02:10 PM Emily Getzschman gave an update on ARC activities and ways they are involved with American Red in the community Cross C8:07:48 PM there was no City Managers Report C 8:08:10 PM there was no school district report C 8:08:16 PM Mayor 8:08:40 PM Muzyka introduced consent agenda items motion to approve consent agenda items 4a, 4b, 4c, 4d, 4e, 4f, 4g, and including item 9c to table that item B 8:08:46 PM Jones 8:09:30 PM public forum second - consent agenda approved 6-0 no one spoke 8:11:27 PM Lorrie Fletcher presented item 6a to Council E 8:12:58 PM Applicant Alton Wells represented the item and answered Council's questions - spokes4hope.com website to be a sponsor, learn more about 8:18:29 PM public hearing no one spoke L 411W " "" I10/6/2009 2 of 4 IP' C ' . City Council meeting - Mayor, Muzyka, Muller, Morris, Jones, BlelSouthlake Council Chambers IITime Speaker Note 8:18:38 PM Jones motion to approve item 6a as presented and subject to review L .41-' and allowed for 3 events over the next 6 years 8:19:12 PM Muller second - approved 6-0 8:19:26 PM Lorrie Fletcher presented item 6b to Council 8:25:45 PM applicant Gayle ??? presented item 6b to Council - regarding Festival of Trees only (could not hear C name) 8:37:03 PM Chris Tribble presented the Home for the Holidays - tree lighting event portion - of the item - holiday tree [ 8:39:01 PM Karla Chase, 1256 discussed other activities in Town Square throughout the Main Street holidays C 8:45:34 PM Tim Moorehead, presented the valet portion of the request 1256 Main Street • 8:49:29 PM Council answered Councils questions • C 9:00:38 PM public hearing 9:02:04 PM Morris no one spoke motion to approve item 6b for a term of one year, subject to the memo, and subject to Bob Price's memo dated October 6, and subject to tonight's presentation 9:02:56 PM Muller second - approved 6-0 9:03:47 PM Jim Blagg presented item 8a to Council EL 9:06:03 PM Mayor made a clarification - said they will appoint one City Council liaison to the board after all; clarified quorum requirements C 9:08:37 PM Mayor which is dependent on overall number made comments about this new group; thanked staff for hard ] work Il 9:11:16 PM Council 9:17:21 PM Jones discussed this request - sustainability motion to approve item 8a as presented and noting Mayor's • changes C9:17:43 PM Muzyka second - approved item 8a 6-0 9:18:43 PM Mayor introduced item 8b - read off suggested appointees to the SBC ll9:23:22 PM Jones agreed with Mayor as stated 9:23:44 PM Jones motion to approve item 8b as set out by the Mayor as stated C9:24:11 PM Muzyka second - approved item 8b 6-0 •9:24:28 PM Mayor introduced item 8c - appointments to CCPD - thanked the C current members of CCPD and stated the Council is trying to get new people involved 9:25:51 PM Jones echoed Mayor's comments regarding current members f9:27:30 PM Morris agreed with comments 9:27:37 PM Bledsoe agreed with comments 1 461W I10/6/2009 3 of 4 wo C . City Council meeting - Mayor, Muzyka, Muller, Morris, Jones, BleiSouthlake Council Chambers Time Speaker Note 9:28:17 PM Muzyka motion to approve item 8c - members to CCPD - Ken L AP' McMillan, Robert Williams, Frank Powers, and Martin Schelling 9:28:51 PM Bledsoe second - approved 6-0 9:29:42 PM Ken Baker presented item 9a to Council 9:34:48 PM Applicant Richard presented this item to Council ???, and Carpet One representative 9:45:03 PM Council asked questions and discussed this request- awnings, dress up wall and building 9:56:59 PM Bob Price addressed the issue of two lanes being reduced to one lane 10:02:31 PM Jones motion to table item 9a to the next Council meeting 10:02:45 PM Muller second - tabled 6-0 10:03:10 PM Ken Baker 10:11:07 PM Council presented ite 9b to Council discussed this request 10:12:58 PM Applicant Steven addressed Council on this request Lease, Structure and Interiors 10:13:35 PM Applicant Dr. introduced himself to Council and answered questions 10:34:53 PM.Ajonngeeslo Mendez motion to approve item 9b, requiring a 2 foot planter on both sides measured at the sign for base of sign whih will extend out 18 inches, same attached letters and same font, and style letter size 4 inch, limited to 5 tenants on this ide than scurrenty exist at 900 Southlake Boulevard, plants to be maintained in perpetuity 10:41:18 PM Morris second - approved 4-2 (Muzyka, Muller) 10:42:23 PM.staff tabled item 10a 10:42:40 PM Mayor adjourned meeting C C C C I 4IIW 10/6/2009 4 of 4 • Ef 5000 WESTIIRx PLACE,Suns 200 Ta••or`Olso s xaF a am TEL (817)332-2580 I-30 AT BRYANT-IAvar Roes r _ TbIL FREE:(800)318-3400 Four WORTH,TEXAS 76107-4654 • FAcsIMzLE:(817)332-4740 EMAIL:TOASE@TOASE.COM Attorneys 'I Counselors WEBSITE:WWW.TOASE.COM TIM G.SRALLA Certified Civil Appellate Law Specialist extension 228 Texas Board of Legal Specialization tsralla@toase.com October 6, 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 tonight's 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 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 551.072: Deliberation regarding real proeprty a. Discuss the potential purchase or lease of real property for city facilities. 2. Section 551.074:Deliberation regarding personnel matters a. Deliberation of appointments of city board and commission members. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. C I r E. ___ .__ E - October 6,2009 rliPage 2 air Section 551.071: Consultation with attorney. The CityCouncil mayconduct a private Y consultation with its attorney when the City Council seeks the advice of its attorney concerning any C 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 IIthe following pending and/or contemplated litigation subjects: 1. Michael Kenny vs. City of Southlake. April 2008 1. 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. ill 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 k city boards and commission members.A complete list of the city boards and commissions is on file in the City Secretary's Office. ICSection 551.076: Deliberation regarding security devices. The City Council may deliberate the deployment,or specific occasions for implementation of security personnel or devices. ISection 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. II 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 It 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. L ....., r October 6 2009 Page 3 .r" • 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 ofpipeline infrastructures or facilities when those plans or discussions contain such sensitive information. If you have any additional questions or concerns,p e feel free to contact our office. Sincerely, mow. f// Tim . Sralla TGS/as cc: Ms. Shana Yelverton City of Southlake 1400 Main Street Suite 460 Southlake,Texas 76092 Ms. Lori Payne City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 LAW MP C. CITY OF SOUTHLAKE l , TEXAS \7 REGULAR CITY COUNCIL MEETING: OCTOBER 6, 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: Eric Hulet, Chaplain of the Month 3. Proclamation for Community Planning Month 4. Update on the Southlake 2030 Plan Process 5. Introduction of Katie Fosha, Bob Jones Nature Center Coordinator and BJNCP Update/BJNC Organization Partnership 6. Briefing by Giovanna Phillips, Southlake Chamber, on Oktoberfest to be held October 9 - 11, 2009 7. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. C‘41, REGULAR SESSION: 6:30 P.M. or immediately following the work session 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 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities. 2. Section 551.074: Deliberation regarding personnel matters a. Deliberation of appointments of city board and commission members. 3. Section 551.087: Deliberation regarding economic development negotiations iw City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork er C, City of Southlake City Council meeting agenda October 6, 2009 Page 2 of 6 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 2. American Red Cross update B. City Manager's Report C. School District Reports 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 September 15, 2009 regular City Council meeting and from the September 21, 2009 special City Council meeting. B. Authorize purchase of replacement vehicles from Philpott Motors in the amount of$230,553.50. C. Authorize purchase of replacement vehicle from Caldwell Country Chevrolet and John Wright Associates in the amount of$34,064.20. D. Approve a Professional Services Agreement for the design of the T.W. King Meter Station with Freese and Nichols, Inc. in the amount of$66,600. E. Authorize the purchase of Vac-Con Combination Sewer Cleaner from Vac- Con, Inc. and Santex Truck Center through Houston-Galveston Area Council of Governments in the amount of$230,947.66. F. Approve a tender agreement with Great American Insurance Company for the completion of Liberty Park at Sheltonwood and Royal & Annie Smith Park in the amount of$55,090.30. G. Approve a Construction Contract with Dean Electric, Inc., dba Dean Construction, for the completion of Liberty Park at Sheltonwood and Royal & Annie Smith Park in the amount of$285,094. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:30 p.m.) City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 6,2009 Page 3 of 6 Larr 6. Ordinances, second readings, public hearings, and related items: A. Resolution No. 09-062, (ZA09-036), Specific Use Permit for a Mass Gathering Event for Spokes 4 Hope (Police Motorcycle Rodeo) on property being described as Lot 1, Block 17, Southlake Town Square Addition and being located at 1420 Division Street. Current Zoning: DT Down Town District. SPIN Neighborhood #8. PUBLIC HEARING B. Resolution No. 09-063, (ZA09-039), Specific Use Permit for a Mass Gathering Event for Home for the Holidays and Festival of Trees on property being described as Southlake Town Square Addition and being generally located between East Southlake Boulevard, North Carroll Avenue and State Highway 114. Current Zoning: DT Down Town District. SPIN Neighborhood #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: (There are no itemson 9 this agenda.) 8. Resolutions: E, A. Resolution No. 09-061, Amend the resolution establishing the Southlake Business Council. B. Resolution No. 09-051, Appoint members to the Southlake Business Council. C. Resolution No. 09-052, Appoint members to the Crime Control and Prevention District Board of Directors. 9. Other items for consideration: A. Consider SV09-017, Variance to Sign Ordinance No. 704, as amended, for Carpet One located at 154 Bank Street. B. Consider SV09-018, Variance to Sign Ordinance No. 704, as amended, for Mendez Office Building located at 910 East Southlake Boulevard. C. Approve a Commercial Developer Agreement for construction of a middle school on Kirkwood Boulevard at Blessed Way with Carroll Independent School District 10. Other items for discussion: A. Discuss possible revisions to the Town Hall Use Policy. City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork w City of Southlake City Council meeting agenda October 6, 2009 Page 4 of 6 11. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, October 2, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. , u`,,,,�rmryrr c5LI Y ,E Lori Payne, TR City Secretary ' I:: •• g If you plan to attend this public mebtjng.aktiVtiR,A a disability that requires special needs, please advise the City Secretary's Office 4$"Pidtlrs in advance at 817-748-8016 and reasonable accommodations will be made to assist you. C .► C C C C C C City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork s C. City of Southlake City Council meeting agenda October 6,2009 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 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. Section 551.074: Deliberation regarding personnel matters Ea 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 .r 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 6, 2009 Page 6 of 6 f .r 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. ftw �1r C C C C C 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-(0-0q , City Council meeting on f(—�—b , by 6 = DO a.m./a) 2. That the City Council convened in executive session on I 0.61—0? , at 6 : , a.m./• ' with 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 ""' A bseA Lori Payne, City Secretary Greg Jones City Attorney T wt S'r-a I ( Brandon Bledsoe Other staff members: Pamela Muller 3. That the matters discussed by the City Council were as follows: (1) Po-e ra,( reuse. oV /ease_ oC (-ea/pc-ye-hi - - Cc=ty-1/4-r es, (YIau,re -�ti Tack l Other)staff members ent for (1): &. L Pn c-P, �ra6t. (2) Uo crPo i 4'1--14- s Other staff members present for (2): 0,CM"2— (3) Other staff members present for (3): (4) Other staff members present for (4): (5) Other staff members present for (5): 4. No formal action was taken by the Council during executive session. 5. That the executive session ended on . /0 at '7•'SQ a.m p.m. daf.,LP ():eek(ft)— Lori Payne John Terrell City Secretary Mayor N:\City Secretary\Forms\certified agenda 2008.doc