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2011-03-22 CC Workshop Ira CITY OF SOU LAKE TEXAS CITY COUNCIL WORKSHOP AND COMMUNITY DISCUSSION: MARCH 22, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall 1. Call to Order EXECUTIVE SESSION: 5:00 P.M. 2. A. 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 meetinq 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 B. Reconvene: Action necessary on items discussed in Executive Session. WORKSHOP: 6:00 P.M. 3. Introduction of Program and Ground Rules for Meeting 4. Presentation by City Attorney: A. Legal and Procedural Issues Regarding Gas Well Drilling and Pipeline Locations within the City of Southlake 5. Discussion: A. Question and Answer Session —Legal and Procedural Issues Regarding Gas Well Drilling and Pipeline Locations within the City of Southlake 6. Meeting adjourned City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council Workshop and Community Discussion March 22, 2011 Page 2 of 4 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, March 18, 2011 by 6:00 p.m., pursuant to the Texas Government Coc er 551. 1 CIA kW L....) �.• g am: Alicia Richardson, TRMC City Secretary •° " * '* *',,`.e Notice is hereby given, that a possible quorum of the Planning and Zoning Commission may be present at the meeting. If you plan to attend this public meeting 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council Workshop and Community Discussion March 22, 2011 Page 3 of 4 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council Workshop and Community Discussion March 22, 2011 Page 4 of 4 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 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 gr 4 CITY OF SOUTH LAKE TEXAS City of Southlake North Park Groundbreaking Ceremony: March 22, 2011 Boards /Groups Time of Event Location of Event Southlake City Council North Park 10:00 a.m. 160 Dove Road Southlake Parks and (west of Ridgecrest Drive Recreation Board on Dove Road) Southlake, Texas Southlake Parks Development Corporation Open to the Public A quorum of the City Council, Southlake Parks Development Corporation, and Parks & Recreation Board may be present at this event. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on March 18, 2011 by 6:00 p.m. pursuant to Chapter 551 o Governmer�Jtu�,,,��� Aj (..,--i Ao.." N's t<‘ Alicia Richardson, TRMC ? o G- ; u,)11 City Secretary ' r i � i • •• , _ °° . City of Southlake Values: Integrity ♦ Innovation ♦ Accountability • Commitment to Excellence • Teamwork CITY OF SOUTHLAKE TEXAS CITY COUNCIL WORKSHOP AND COMMUNITY DISCUSSION MEETING MINUTES: MARCH 22, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill (present at 5:50 p.m.), 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 /Director of Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Communication and Websites Manager Pilar Schank, Director of Planning and Development Services Ken Baker, Chief of Fire Services Mike Starr, Fire Inspector Kelly Clements, Chief of Police Services Robert Finn, Director of Public Works Robert Price, City Attorney E. Allen Taylor, City Attorney Bryn Meredith, and City Secretary Alicia Richardson. 1. CALL TO ORDER The meeting was called to order by Mayor Terrell at 5:15 p.m. 2A. EXECUTIVE SESSION Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with the city attorney. City Council adjourned for Executive Session at 5:20 p.m. Executive Session began at 5:25 p.m. and concluded at 6:10 p.m. 2B. RECONVENE Mayor Terrell reconvened the workshop at 6:15 p.m. and asked if any action was necessary from Executive Session. No action was taken by Council. WORKSHOP 3. INTRODUCTION OF PROGRAM AND GROUND RULES FOR MEETING CITY COUNCIL WORKSHOP AND COMMUNITY DISCUSSION MEETING MINUTES, MARCH 22, 2011 Page 1 of 2 Mayor Terrell outlined the process for the meeting and discussion on legal and procedural issues regarding gas well drilling and pipeline locations. The public was invited to submit questions in advance for the workshop. The questions were grouped into the following subject matter: water / air quality, ordinance, conflict of interest, moratorium, emergency management, mineral rights, fiduciary responsibilities, drilling process, legal, pipeline, legislative and City Council code of conduct. City Manager Shana Yelverton and Director of Planning and Development Services Ken Baker presented information on the evolution of the gas and oil well permit drilling and production ordinance. Ms. Yelverton reviewed the City's legislative efforts pertaining to gas well drilling and pipeline oversight. 4A. PRESENTATION BY CITY ATTORNEY — LEGAL AND PROCEDURAL ISSUES REGARDING GAS WELL DRILLING AND PIPELINE LOCATIONS WITHIN THE CITY OF SOUTHLAKE City Attorneys E. Allen Taylor and Bryn Meredith addressed issues regarding gas well issues and pipeline locations. 5A. DICUSSION — QUESTIONS AND ANSWER —LEGAL AND PROCEDURAL ISSUES REGARDING GAS WELL DRILLING AND PIPELINE LOCATIONS WITHIN THE CITY OF SOUTHLAKE Mayor Terrell and legal counsel provided responses to the questions submitted in advance by the public for the following subject matter: water / air quality, ordinance, conflict of interest, moratorium, emergency management, mineral rights, fiduciary responsibilities, drilling process, legal, pipeline, legislative and City Council code of conduct. 6. MEETING ADJOURNED Mayor Terrell adjourned the meeting at 9:26 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. / •, a John Terrel Mayor ATTEST: v,""A" ,,' LLi)v2 • o Alicia Richardson � = •• •• City Secretary * ** „ t,,„h, ,, `• CITY COUNCIL WORKSHOP AND COMMUNITY DISCUSSION MEETING MINUTES, MARCH 22, 2011 Page 2 of 2