2011-02-22 Special CC Meeting CITY OF
SOUTH LAKE
TEXAS
SPECIAL CITY COUNCIL MEETING: FEBRUARY 22, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
TIME: 5:30 p.m.
AGENDA:
1. Call to order
2. Discuss the regulation of the sale of alcoholic beverages.
3. 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(0, and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be
held, under these exceptions, at the end of the Regular Session or at
any time during the meeting that a need arises for the City Council to
seek advice from the City Attorney as to the posted subject matter of
this City Council meeting.
1. Section 551.071: Consultation with attorney
a. Seek advice of the city attorney regarding gas drilling and
production and gas utility companies.
b. Seek advice of the city attorney regarding pending XTO and
Energy Transfer Specific Use Permit, Gas Well Permit and
Pipeline Permit applications.
c. Seek advice from the attorney regarding new federal case
law referencing special protected land uses.
d. Seek advice of the city attorney regarding Carroll
Independent School District projects.
e. Seek advice of the city attorney regarding the regulation of
the sale of alcoholic beverages.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
3. Section 551.074: Deliberation regarding personnel matters
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability • Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
February 22, 2011
Page 2 of 5
a. Deliberate the appointments of city board and commission
members.
4. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
4. Special 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, February 18, 2011 by 6:00 p.m.,
pursuant to the Texas GovernmeAt1Ga4, Chapter 551.
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Alicia Richardson, TRMC •
City Secretary ":� °•. ,'
If you plan to attend this publ "meeti g
and have a disability that requires special
needs, please advise the City Secretary's Office 48 hours in advance at 817 - 748 -8016
and reasonable accommodations will be made to assist you.
Immediately following the Special City Council meeting, Council will continue the
meeting from February 15, 2011 to specifically include the following items:
4L. Resolution No. 10 -057 (GAS10 -004), Specific Use Permit for Gas and Oil
Well Drilling and Production on property being located at 651 and 655
East Highland Street on property being described as a portion of Lots 1R1
and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District.
SPIN Neighborhood #7.
4M. GAS10 -005, Consider Requested Variances to Ordinance No. 880 -A, Gas
and Oil Well Permit Drilling and Production Ordinance for gas well
permit(s) associated with gas and oil well drilling and production on
property being located at 651 and 655 East Highland Street on property
being described as a portion of Lots 1R1 and 2, Block A, Milner Addition.
Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS
ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution No.
10 -057 — GAS10 -004).
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 22, 2011
Page 3 of 5
4N. GAS10 -006, Consider Requested Variances to Ordinance No. 880 -A, Gas
and Oil Well Permit Drilling and Production Ordinance for a pipeline permit
associated with gas and oil well drilling and production on property being
located at 651 and 655 East Highland Street on property being described
as a portion of Lots 1R1 and 2, Block A, Milner Addition. Current Zoning:
AG Agricultural District. SPIN Neighborhood #7. THIS ITEM IS RELATED
TO THE SPECIFIC USE PERMIT (Resolution No. 10 -057 — GAS10-
004).
40. Variance to Noise Ordinance No. 778, as amended, for Energy Transfer to
install a pipeline for the transportation of natural gas along the State
Highway SH 114 corridor. THIS ITEM IS RELATED TO THE SPECIFIC
USE PERMIT (Resolution No. 10 -057 — GAS10 -004).
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 22, 2011
Page 4 of 5
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. Jayson Steele vs. City of Southlake. August 2008.
2. Pending Public Information Act requests.
3. Texas Attorney General litigation defending the constitutionality of the Texas
Open Meetings Act.
4. Legal issues regarding the Barnett Shale gas extraction and transportation.
Section 551.072: Deliberation regarding real property
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: Deliberation regarding prospective gift or donation
The City Council may conduct a closed meeting to deliberate a negotiated contract for a
prospective gift or donation to the City.
Section 551.074: Deliberation regarding personnel matters
The City Council may deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of public officers, including the City
Manager, City Secretary, City Attorney, Municipal Judge and city boards and
commission members. A complete list of the city boards and commissions is on file in
the City Secretary's Office.
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
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 22, 2011
Page 5 of 5
involving emergency response providers, their staffing, contact information and tactical
plans; 2) that relates to the risk or vulnerability of persons or property, including
infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive
weapon, the location of a material that may be used in a chemical, biological or
radioactive weapon, or unpublished information pertaining to vaccines or devices to
detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism - related
report to an agency of the United States; 6) that relates to technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information
regarding security measures or security systems intended to protect public and private
property from an act of terrorism. The Texas Disaster Act specifically requires that a
tape recording of the closed meeting be made.
Section 418.106(d) & (e): Local meetings to discuss emergency management plans
regarding pipeline safety
The City Council may discuss emergency management plans involving pipeline safety
and /or security of pipeline infrastructures or facilities when those plans or discussions
contain such sensitive information.
City of Southlake values:
Integrity ♦ Innovation • Accountability • Commitment to Excellence • Teamwork
g. CITY OF
SOUTHLAKE
TEXAS
SPECIAL CITY COUNCIL MEETING MINUTES: FEBRUARY 22, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, Deputy
Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A.
Muller, Jeff Wang and Al Zito.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Community Relations Officer Pilar Schank, Director of Finance Sharen Jackson,
Director of Planning and Development Services Ken Baker, Planner Lorrie Fletcher,
Chief of Fire Services Mike Starr, Fire Marshal David Barnes, Chief of Police Services
Robert Finn, Director of Public Works Robert Price, City Attorney E. Allen Taylor, and
City Secretary Alicia Richardson.
1. CALL TO ORDER
The special meeting was called to order by Mayor Terrell at 5:38 p.m.
INVOCATION
Assistant City Manager Jim Blagg gave the invocation.
Members of Boy Scout Troop 507 led the pledge to the United States Flag.
2. DISCUSS THE REGULATION OF THE SALE OF ALCOHOLIC BEVERAGES
Director of Planning and Development Services Ken Baker presented item to Council.
Mr. Baker outlined current regulations for alcohol sales, new regulations for alcohol
sales if Local Option Election is successful, the design and operation of packaged
stores, and possible locations for packaged stores. The Local Option Election is for the
legal sale of alcoholic beverages, including mixed beverages.
City Attorney Allen Taylor outlined the legal requirements that govern licensing and
permitting for alcohol sales. Mr. Taylor advised that a package store can locate in any
zoning district that allows a business to sell food or non - alcoholic beverages for off -
premise consumption.
SPECIAL CITY COUNCIL MEETING MINUTES, FEBRURY 22, 2011
Page 1 of 2
Mr. Baker and Mr. Taylor addressed questions from Council.
3A. EXECUTIVE SESSION
Mayor Terrell announced City Council would be going into Executive Session pursuant
to the Texas Government Code, Section 551.071, consultation with the city attorney;
Section 551.072, deliberation regarding real property; Section 551.074, deliberation
regarding personnel matters, and Section 551.087, deliberation regarding economic
development negotiations.
City Council adjourned for Executive Session at 6:25 p.m. Executive Session began at
6:50 p.m. and concluded at 8:25 p.m.
3B. RECONVENE
Mayor Terrell reconvened the special meeting at 8:35 p.m. and asked if any action was
necessary from Executive Session.
No action was taken by Council.
4. MEETING ADJOURNED
Mayor Terrell adjourned the special meeting at 8:35 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
411004S
John Terrell
Mayor
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Alicia Richardson
City Secretary
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SPECIAL CITY COUNCIL MEETING MINUTES, FEBRURY 22, 2011
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