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.
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REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009
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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.
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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
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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
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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
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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
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REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009
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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.
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REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 6, 2009
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" 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
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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��
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Lori Payne
° cos
City Secretary -
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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
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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
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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
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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
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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
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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
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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.
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October 6,2009
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Section 551.071: Consultation with attorney. The CityCouncil mayconduct a private
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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 .....,
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October 6 2009
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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
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CITY OF
SOUTHLAKE
l , TEXAS
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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
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City of Southlake values:
Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
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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
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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
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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.
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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.
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City of Southlake values:
Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork
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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.
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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-(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