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2009-11-17 CC Packet C 1 CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 17, 2009 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Virginia M. Muzyka, Deputy Mayor Pro Tern 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 to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Recreation Coordinator Meredith Dowdy, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, SQL Database Administrator It Sam Cobb, Information Technology Technician Eric Lusk, Director of Planning and liory Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Clayton Comstock, Planner I Daniel Cortez, Chief of Fire Services Mike Starr, Deputy Police Chief Rusty Daniels, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Michael James, City Attorney E. Allen Taylor, City Attorney Bryn Meredith 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, Scott Berry, gave the invocation. Mayor Terrell led the pledge of allegiance. Mayor Terrell announced that a portion of the Mayor's Report would be presented next. Regular Session Agenda Item No. 3A. Mayor's Report. The Mayor and City Council took a moment to honor the parents of Karri Casner, who lost her life in Bali in 2002 by a terrorist bombing. Councilmember Muller presented Mr. and Mrs. Casner with a photograph of the tree dedication ceremony that was held on November 14, 2009 in Karri's honor. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009 Page 1 of 7 I C Agenda Item No. 3A. Southlake 2030 Plan — Carroll Independent School District Lstudent's recommendations. Planner Comstock introduced this item to Council. 41W Principal Mike Rhodes from Carroll Senior High School thanked staff ,the Mayor and Council for giving his students the opportunity to work on this project. Students West Hardin, Victoria Shaw, Zac Friske, and Forrest Chevaillier presented their recommendations to the Council. Agenda Item No. 4. Discuss all items on tonight's meeting agenda. Council reviewed the consent agenda items. Items 7A and 9B were 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 6:22 p.m. 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; 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:29 p.m. Executive Session began at 6:40 p.m. and ended at 8:05 p.m. EtAgenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:16 Nir 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. 3B. City Manager's Report. City Manager er Yelverton introduced 9 9 Assistant to the City Manager Ortowski who presented information on the 2009 Citizen's Survey and the curbside leaf recycling program. Agenda Item No. 3C. Parks and Recreation Board Report. Board member Julie Landesberg presented this report to Council. 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 November 3, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Approve artist concept of the mural for the new DPS Headquarters. Assistant City Manager / Director of Public Safety Blagg presented the concept drawing to City Council during the work session. Liar' REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009 Page 2 of 7 a c C Agenda Item No. 4C.This item was intentionally left blank. Agenda Item No. 4D. Resolution No. 09-070, Authorize the filing of a project application with the State Energy Conservation Office for an Energy Efficiency Conservation Block Grant. There was no staff presentation 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 STATE ENERGY CONSERVATION OFFICE (SECO) FOR AN ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT (EECBG) FUNDED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FOR A LOCAL ENERGY EFFICIENT PROJECT; AUTHORIZING CRISTINA MCMURRAY, ASSISTANT TO THE DIRECTOR, TO ACT ON BEHALF OF THE CITY OF SOUTHLAKE IN ALL MATTERS RELATED TO THIS APPLICATION; AND PLEDGING THAT IF FUNDING FOR THIS PROJECT IS RECEIVED, THE CITY OF SOUTHLAKE WILL COMPLY WITH ALL CONTRACTUAL REQUIREMENTS OF THE ARRA, THE EECBG PROGRAM AND THE STATE OF TEXAS. Agenda Item No. 4E. Approve Amendment No. 1 to a Professional Services Agreement for engineering design of the Kirkwood - Carroll Connector to Kimley Horn & Associates, Inc. in the amount of $155,050. There was no staff presentation made on this item. (fhb, Agenda Item No. 4F. 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. This item was administratively tabled to the December 1, 2009 City Council meeting. Agenda Item No. 7A. Ordinance No. 965, 1st reading, Amend certain Texas Municipal Retirement System (TMRS) benefits for employees and retirees. There was no staff presentation made on this item. Agenda Item No. 9A. Consider a Commercial Developer Agreement for construction of a middle school on Kirkwood Boulevard at Blessed Way with Carroll Independent School District. There was no staff presentation made on this item. A motion was made to approve consent agenda items 4A; 4B; 4D; 4E; to table item 4F to the December 1, 2009 City Council meeting; and including items 7A and 9A. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 I .41.- REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009 Page 3 of 7 C REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Terrell opened the public hearing. No one spoke during public forum. Agenda Item No. 6A. This item was intentionally left blank. Agenda Item No. 6B. Ordinance No. 960, 2nd Reading, Southlake 2030 Plan - Vision, Goals & Objectives. Director Baker presented the changes made by Council on first reading. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE VISION, GOALS, AND OBJECTIVES OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 960, 2nd Reading, Southlake 2030 Plan - Vision, Goals & Objectives as presented by staff. Motion: Hill Second: Morris Ec„, Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6C. Resolution No. 09-072 (ZA09-044) Specific Use Permit for the co- location of antennas and ancillary structures on an existing telecommunications tower on property being legally described as Lot 1, Block A, Oien Addition and being located at 3700 North White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #1. Planner Cortez presented this item to Council. Applicant Lisa Schmidt, 12 Arrow Head Circle, Hickory Creek, Texas answered Council's questions 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, GRANTING A SPECIFIC USE PERMIT FOR TELECOMMUNICATIONS TOWERS, ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK A, OIEN ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public hearing. •rr REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009 Page 4 of 7 I C A motion was made to approve Resolution No. 09-072 (ZA09-044) Specific Use Permit for the co-location of antennas and ancillary structures on an existing Limy telecommunications tower on property being legally described as Lot 1, Block A, Oien Addition and being located at 3700 North White Chapel Boulevard subject to Review Summary No. 2, dated October 19, 2009 granting the requested variance and noting the applicant has agreed to look at the rust situation on the tower. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6D. Resolution No. 09-073 (ZA09-047) Specific Use Permit for White's Chapel Children's Christmas Festival on property being described as Lot 1R, Block 1, White Chapel Methodist Church Addition and being located at 185 South White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #9. Planner Cortez presented this item to Council. Applicant Lisa Carlson, 1306 Wakefield Court, Southlake, Texas 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 FOR THE WHITE'S CHAPEL CHILDREN'S CHRISTMAS FESTIVAL, ON PROPERTY WITHIN caw THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 185 SOUTH WHITE CHAPEL BOULEVARD, LOCATION BEING LEGALLY DESCRIBED AS LOT 1R, BLOCK 1, WHITE CHAPEL METHODIST CHURCH 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. Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public hearing. A motion was made to approve Resolution No. 09-073 (ZA09-047) Specific Use Permit for White's Chapel Children's Christmas Festival on property being described as Lot 1 R, Block 1, White Chapel Methodist Church Addition and being located at 185 South White Chapel Boulevard granting a three (3) year approval for the Specific Use Permit as long as the gathering does not change in scope. Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Councilmember Muller recused herself from item 8A and left the Council Chambers. L 44- REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009 Page 5 of 7 C Agenda Item No. 8A. Resolution No. 08-050A, Adopt a revised policy which establishes L an economic incentive program encouraging connection in a timely manner to the city's waste water system that has been constructed via the neighborhood sewer program and/or a developer constructed project and providing for an effective date. Director Price presented this item and answered Council's questions. Council discussed 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 ADOPTING A POLICY WHICH ESTABLISHES AN ECONOMIC INCENTIVE PROGRAM ENCOURAGING CONNECTION IN A TIMELY MANNER TO THE CITY'S WASTE WATER SYSTEM THAT HAS BEEN CONSTRUCTED VIA THE NEIGHBORHOOD SEWER PROGRAM AND/OR DEVELOPER CONSTRUCTED PROJECT AND PROVIDING AN EFECTIVE DATE. A motion was made to approve Resolution No. 08-050A, Adopt a revised policy which establishes an economic incentive program encouraging connection in a timely manner to the city's waste water system that has been constructed via the neighborhood sewer program and/or a developer constructed project and providing for an effective date and approving a two (2) tier incentive system that is 100% of the incentive from date of acceptance to six (6) months and 50% of the incentive from six (6) months to one (1) year and not approving the extension to the 180-day period as presented. rk Motion: Hill Council continued further discussion of this item. Second: Muzyka Ayes: Bledsoe, Hill, Muzyka, Terrell Nays: Morris Approved: 4-1 Due to a technical issue, Councilmember Jones' vote did not register so a second call for votes was taken. Ayes: Bledsoe, Hill, Jones, Muzyka, Terrell Nays: Morris Approved: 5-1 Councilmember Muller rejoined the meeting. Agenda Item No. 9B. Consider SV09-020, Variance to Sign Ordinance No. 704, as amended, for Branch Banking & Trust Co. located at 270 North Kimball Avenue. Director Baker presented this item and answered Council's questions. Applicant Dean Krause, 2050 Grayson Drive, Grapevine, Texas with Reynolds Signs answered Council's questions. BB&T representative Melissa Hooper, 11505 Lauren Way, Keller, Texas also answered Council's questions. Council discussed this item. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009 Page 6 of 7 E . A motion was made to approve SV09-020, Variance to Sign Ordinance No. 704, as amended, for Branch Banking & Trust Co. located at 270 North Kimball Avenue ' requiring the applicant to remove the Colonial Bank signs within one (1) week; granting a temporary banner approval for three (3) months at which time the applicant must come back and ask for another extension if needed; and reducing the overall size of the banner to only show "BB&T" allowing for 18-inch letters. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:30 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. L.__ 4) John Terre I Mayor Et ATTEST: P Lori Payne City Secretary C I C C REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009 Page 7 of 7 I , City Council meeting - Mayor, Morris, Hill, Muzyka, Bledsoe, MullSouthlake Council Chambers C Time Speaker Note i,..., 5:35:47 PM Mayor called the meeting to order 5:35:58 PM Scott Berry gave the invocation 5:37:51 PM Mayor led the pledge of allegiance I5:39:01 PM Mayor introduced a remembrance of Southlake resident who lost her life in a terrorist bombing in Bali C 5:39:39 PM Pamela said words in remembrance of Karri Casner Muller • 5:41:20 PM Ken Baker introduced the work session item regarding the Southlake 2030 Plan - ; I CISD students recommendations 5:43:25 PM Clayton presented the format of and process for the student recommendations Comstock I 5:49:44 PM Principal Carroll Senior High principal discussed the process and thanked the city for allowing the student input Rhodes • I 5:51:30 PM Students presented their recommendations to Council - sidewalks, safer (Liz Hardin crossings, bike trail access • and others) • 6:06:52 PM Mayor thanked the student group for their time and extra effort spent on this IF process, encouraged them to stay involved 6:08:02 PM Muller, thanked the students for the presentation ilvalkw Morris, Bledsoe, • • I Muzyka, Hill, • 6:15:22 PM Gregory their recommendations are very parallel to Council's thoughts but • CJones included some new great ideas • 6:18:23 PM Mayor reviewed the consent agenda items - 4a, 4b, 4d, 4e, 4f to table to Dec 1, 7a, and 9a . 6:21:55 PM Council added items 7a and 9a to the consent agenda 6:22:30 PM Mayor called for an executive session I 8:16:37 PM Mayor reconvened the meeting 8:17:20 PM Mayor reported on upcoming events and board meetings 8:18:10 PM Morris discussed the upcoming Festival of Trees event 8:19:10 PM Morris the attendees of the Festival of Trees have the opportunity to win a mayor for a day item at that event 8:19:38 PM Alison discussed the citizen survey that is currently ongoing and the curbside I Ortowski leaf recycling program starts tomorrow 8:21:44 PM Mayor Qreinforced the importance of the citizen survey and that residents take time to complete the survey 8:22:34 PM Julie gave the Parks and Recreation Board Report Landesberg /` .. . Le- I11/17/2009 1 of 3 g• E . City Council meeting - Mayor, Morris, Hill, Muzyka, Bledsoe, MullSouthlake Council Chambers ICTime Speaker Note if 8:24:57 PM Mayor read the the consent agenda items into the record - 4a, 4b, 4d, 4e, to : 1:- table 4f, 7a, and 9a 8:25:51 PM Muzyka motion to approve consent agenda items 8:26:00 PM Hill second - approved consent agenda as read 7-0 • C8:26:16 PM public no one spoke forum CI 8:26:28 PM ken Baker presented item 6b to Council 8:28:54 PM public no one spoke • hearing C 8:29:06 PM Hill 8:29:17 PM Morris motion to approve item 6b as presented by staff second - approved item 6b 7-0 8:29:43 PM Daniel presented item 6c to Council C Cortez 8:33:02 PM Applicant answered Council's questions Lisa C Schmidt, 12 Arrow Head Circle 8:36:35 PM public no one spoke hearing r 8:36:51 PM Hill motion to approve item 6c as presented and including review and %Now granting variances as requested and noting applicant has agreed to look at the rust situation on the tower •IC 8:37:50 PM Muzyka second - approved item 6c 7-0 8:38:16 PM Daniel presented item 6d to Council Cortez C 8:41:29 PM Applicant answered Council's questions Lila Carlson C 8:42:51 PM public no one spoke hearing 8:43:03 PM Hill motion to approve item 6d granting a 3 year approval as long as the II 8:43:27 PM Morris gathering does not change in scope second - approved item 6d 7-0 (Pamela Muller left the room) •• 8:43:47 PM Bob Price presented item 8a to Council •C 8:47:18 PM Muzyka discussed doing away with this "incentive" ordinance 8:47:47 PM Council discussed this resolution 9:10:05 PM Hill motion to approve item 8a that forms a 2 tier system to connect from ' C date of acceptance through 6 months will be 100% of incentive and from 6 months plus one day to 12 months will be 50c)/0 of incentive E9:12:21 PM Muzyka second - approved 4-1 (Morris) (Jones vote did not register) 9:17:51 PM City recalled the vote on item 8a - approved 5-1 (Morris) i Secretary i 19 iv,7/2009 2 of 3 MP C . City Council meeting - Mayor, Morris, Hill, Muzyka, Bledsoe, MullSouthlake Council Chambers Time Speaker Note 9:19:34 PM Ken Baker presented item 9b to Council L4-f 9:19:43 PM Applicant answered Council's questions Dean Crowse 9:21:55 PM Bank Rep. answered Council's questions Melissa Cooper 9:27:33 PM Hill motion to approve item 9b requiring app to remove Colonial Bank sign within one week and reduce banner size to allow BB&T as shown tonight with 18 inch letters for a period of 3 months 9:29:46 PM Muzyka second - approved 7-0 9:30:17 PM Mayor adjourned meeting C C cor C C C C C C C Li 11/17/2009 3 of 3 , • , 6000 WESTERN PLACE,SUITE 200 TELEPHONE:(817)332-2580 Taylor Olson. Adkins Sra11a*Rim I-30 AT BRYANT-IRVIN ROAD L.L.P. TOLL FREE:(800)318-3400 FORT WORTH,TEXAS 76107-4654 FACSIMILE:(817)332-4740 'AIL:TOASE@TOASE.COM Attorneys ' Counselors WEBSIT,'WWW.TOASE.COM E.ALLEN TAYLOR,JR. EXT. 212 ataylor@toase.com November 17, 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 CNN.- Dear Mayor and Councilmembers: You have asked our office to review the executive session posting for the November 17, 2009,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 551.071: Consultation with city attorney a. Seek advice of the city attorney regarding gas well drilling. 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. W:\Southlake\LETTERS\Mayor&CC Letters\Mayor&CC.EAT.117.11-17-09wpd.wpd November 17, 2009 Page 2 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 The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline,or dismissal of public officers,including the City Manager,City Secretary,City Attorney, Municipal Judge and some city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. 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. C .r.• W:\Southlake\LETTERS\Mayor&CC Letters\Mayor&CC.EAT.117.11-17-09wpd.wpd C November 17, 2009 Page 3 Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4)that relates to details of the encryption codes or security keys for a public communication system; 5)that relates to a terrorism-related report to an agency of the United States;6)that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7)that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security ofpipeline infrastructures or facilities when those plans or discussions contain such sensitive information. The purpose of this letter is to provide an opinion whether the city council may legally discuss the above-referenced topics in executive session. Based upon the guidelines we have previously supplied the city council, and subject to the discussion below, we conclude that all the posted items fall within an exception to the Open Meetings Act, Government Code, Chapter 551. Therefore,discussion on these matters may legally occur in closed session. In addition,this opinion extends to any legal advice given to the council in executive session. 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 ... W:\Southlake\L,ETTERS\Ivlayor&CC L.ettersVvlayor&CC.EAT.117.11-17-09wpd.wpd IP C November 17, 2009 Page 4 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. Sincerel 2zLL E. Allen Taylor Jr. EAT/ds cc: Shana Yelverton City of Southlake 1400 Main Street Suite 460 ihow Southlake, Texas 76092 Lori Payne City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 C C C C C ... W:\Southlake\L,ETTERS\Mayor&CC Letters\Mayor&CC.EAT.117.11-17-09wpd.wpd C -174 c 6 Ca4-R c-4- vK Gc.1=t s bt - l.Go-f-k-f-t Nov, 141/. CONFLICT OF INTEREST AFFIDAVIT sr r THE STATE OF TEXAS § COUNTY OF -T&����y 3 § I,� ����� \CAJ\\�vL as a member of the , 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: q' ‘, COMPLETE (A) or(B): (A) The business entity is (name); or (B) The real property is located at: .\y I have a substantial interest because I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real Lev 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 I ,.,, $2,500.00. C • . . [ __ . if x Other: c..)--�:c\-\\S\\,- -.�< ��1.4,-\ n X� ,k-Vi)' r' t, i am, ._C\' _ S i��\ \csak._ \DX \ \���\NIQ� \z� c `n\ 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 I realized a potential conflict exists. Signed this .2 day of c\CN��M)C.:\2,_ , 20 c `A. IE IC ,- 1/4::,.pc�ti� \? N(N\-Signature of Official The State of f e�ct_s § II � County of l �-ria.14.- § Be re me, �r Y k e_ , on this day personally appearedC r� (�(fa/ own to me (or proved to me on the oath of or through (description of identitycard or other g — ( p document) to be the person whose name is subscribed to the foregoing instrument and stated that the Loy statements made in this affidavit are within his personal knowledge and true and correct. Given under my hand and seal of office this 3� day of ijOki-144-ae'r , 9Oc1 . 'B ' (SEAL) �0° PAYNF %% /O Pw�P Uee.n 3 ha ePa're--- = % Sr •` _ Notary Public in and State of Texas 1/ %� 9lE P .' ``�. / %,,,i 0-2 7-20 \ ' NiuiI O. IC C 1' ' IC P C C ' ' CITY OF L ..., 0 SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING: NOVEMBER 17, 2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall CWORK SESSION: 5:30 P.M. C 1. Call to order. 2. Invocation: Scott Berry, Chaplain of the Month 3. Southlake 2030 Plan - Carroll Independent School District student's C recommendations 4. 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 C, 1. Call to order. iiir 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, C 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 C 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 Cthis City Council meeting. 1. Section 551.071: Consultation with attorney C a. Seek attorney consultation regarding gas drilling and production and gas utility companies. C2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities. C 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. .r City of Southlake values: Integrity• Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork r • City of Southlake City Council meeting agenda November 17, 2009 Page 2 of 6 4W 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events B. City Manager's Report C. Parks and Recreation Board 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 November 3, 2009 regular City Council meeting. B. Approve artist concept of the mural for the new DPS Headquarters. i C. This item was intentionally left blank. Ef D. Resolution No. 09-070, Authorize the filing of a project application with the State Energy Conservation Office for an Energy Efficiency Conservation Ihrf Block Grant. E. Approve Amendment No. 1 to a Professional Services Agreement for engineering design of the Kirkwood - Carroll Connector to Kimley Horn & Associates, Inc. in the amount of$155,050. F. 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. THIS ITEM IS ADMINISTRATIVELY TABLED UNTIL THE DECEMBER 1, 2009 CITY COUNCIL MEETING. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.) 6. Ordinances, second readings, public hearings, and related items: A. This item was intentionally left blank. B. Ordinance No. 960, 2nd Reading, Southlake 2030 Plan - Vision, Goals & L ,,,.,. Objectives. PUBLIC HEARING City of Southlake values: Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork p C City of Southlake City Council meeting agenda November 17, 2009 Page 3 of 6 fier C. Resolution No. 09-072 (ZA09-044) Specific Use Permit for the co-location of antennas and ancillary structures on an existing telecommunications tower on property being legally described as Lot 1, Block A, Oien Addition and being located at 3700 North White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #1. PUBLIC HEARING D. Resolution No. 09-073 (ZA09-047) Specific Use Permit for White's Chapel Children's Christmas Festival on property being described as Lot 1R, Block 1, White Chapel Methodist Church Addition and being located at 185 South White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #9. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 965, 1st reading, Amend certain Texas Municipal Retirement System (TMRS) benefits for employees and retirees. (If this item is approved, the public hearing will be held at the December 1, 2009 City Council meeting.) Et 8. Resolutions: A. Resolution No. 08-050A, Adopt a revised policy which establishes an economic incentive program encouraging connection in a timely manner to the city's waste water system that has been constructed via the neighborhood sewer program and/or a developer constructed project and providing for an effective date. 9. Other items for consideration: A. Consider a Commercial Developer Agreement for construction of a middle school on Kirkwood Boulevard at Blessed Way with Carroll Independent School District. B. Consider SV09-020, Variance to Sign Ordinance No. 704, as amended, for Branch Banking & Trust Co. located at 270 North Kimball Avenue. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. 11mw City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork p • City of Southlake City Council meeting agenda November 17, 2009 Page 4 of 6 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, November 13, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ,,,,,,,, ,,,,,,,,„yr, ,,,, ,,,,, Lori Payne, TRM40. ` • ;" City Secretary = •• . "sU• If you plan to attend this public R�etittgeri8•h.,v'e a disability that requires special needs, please advise the City Secretary's Offi6eid} ,lods in advance at 817-748-8016 and reasonable accommodations will be made to assist you. E, C C C C C C C City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork • City of Southlake City Council meeting agenda November 17, 2009 Page 5 of 6 •✓ 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. 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 Lrr 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 November 17, 2009 Page 6 of 6 dw 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. C CL C C C C C C C City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork