2011-08-23 Special CC Meeting CITY OF
SOUTHLAKE
TEXAS
CITY COUNCIL SPECIAL MEETING: AUGUST 23, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
TIME: 5:30 P.M.
1. Call to order.
2. Invocation.
WORK SESSION:
3. Ordinance 880 -B - Revisions to Chapter 9.5 of the City of Southlake's City Code
article IV - Gas and Oil Well Drilling and Production.
4. FY2012 Proposed Budget — Strategic Investments and Capital Budget.
REGULAR SESSION:
5. 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 attorney
a. Seek the advice of the city attorney regarding legal issues
related to recent legislation.
b. Seek the advice of the city attorney regarding gas drilling
and production and gas utility companies.
c. Seek the advice of the city attorney regarding pending XTO
and Energy Transfer Specific Use Permit, Gas Well Permit
and Pipeline Permit applications.
d. Seek the advice of the city attorney regarding pending
litigation.
e. Seek the advice of the city attorney regarding boards and
commissions.
f. Seek the advice of the city attorney regarding CISD and City
ordinances.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council Special Meeting
August 23, 2011
Page 2 of 4
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 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
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.
6. Consent:
A. Approve an amendment to the Texas Department of Transportation Local
Project Advance Funding Agreement for the FM 1709 Median Project in
the amount of $57,313.10.
B. Resolution No. 11 -041, Annual review of investment policy and investment
strategies.
7. 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, August 19, 2011 by 6:00 p.m.,
pursuant to the Texas Governmer code, Chapter 551.
vett „}} y o r
i 4 . \*
Alicia Richardson, TRMC ” *. =�
City Secretary .
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 Special Meeting
August 23, 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.
5. Cause No. 153-252281-11; Southlake Taxpayers Against Neighborhood Drilling
(STAND) vs. City of Southlake et al.
6. Todd Tracy, et al. vs. City of Southlake. May 2011.
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 Special Meeting
August 23, 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
1Z CITY OF
SOUTHLAKE
TEXAS
SPECIAL CITY COUNCIL MEETING MINUTES: August 23, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe,
Deputy Mayor Pro Tem Pamela Muller and Councilmembers Carolyn Morris, Martin
Schelling, Jeff Wang and Al Zito.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben
Thatcher, Assistant City Manager /Director of Public Safety Jim Blagg, Assistant to the
City Manager Alison Ortowski, Communication and Websites Manager Pilar Schank,
Director of Economic Development Greg Last, Director of Finance Sharen Jackson,
Director of Human Resources Stacey Black, Director of Information Technology Dale
Dean, Director of Planning and Development Services Ken Baker, Planner I Lorrie
Fletcher, Chief of Fire Services Mike Starr, Assistant Chief of Fire Services Wade
Carroll, Interim Chief of Police Services Rusty Daniels, Director of Community Services
Chris Tribble, Deputy Director of Community Services Kari Happold, Deputy Director of
Community Services /Librarian Kerry McGeath, Director of Public Works Robert Price,
City Attorneys E. Allen Taylor and Bryn Meredith, and City Secretary Alicia Richardson.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:39 p.m.
2. INVOCATION
Mr. Zack Polyak with Southlake Baptist Church gave the invocation. Mayor Terrell led
the pledge of allegiance.
3. ORDINANCE NO. 880 -B — REVISIONS TO CHAPTER 9.5 OF THE CITY OF
SOUTHLAKE'S CITY CODE, ARTICLE IV — GAS AND OIL WELL DRILLING
AND PRODUCTION.
Director of Planning and Development Services Ken Baker provided Council with an
overview of the proposed changes discussed at the August 16, 2011 City Council
meeting. He also provided a review of the topics previously discussed for the
REGULAR CITY COUNCIL MEETING MINUTES, August 23, 2011
Page 1 of 4
ordinance. Mr. Baker informed Council the setback discussion would be discussed at
the September 6, 2011 City Council meeting.
CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 9:17
p.m.
Mayor Terrell announced that City Council would move into Executive Session.
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; Section 551.072, deliberation regarding real property; and Section 551.087,
deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:52 p.m. Executive Session began at 7:03 p.m. and concluded at
9:13 p.m.
RECONVENE
Mayor Terrell reconvened the special meeting at 9:17 p.m. and asked if any action was
necessary from Executive Session. There was no action needed as a result of
Executive Session.
Mayor Terrell moved to Item 4.
4. FISCAL YEAR PROPOSED BUDGET — STRATEGIC INVESTMENTS AND
CAPITAL BUDGET
City Manager Shana Yelverton summarized the presentation outline Council would
receive from staff. Ms. Yelverton provided a budget summary of the proposed Fiscal
Year 2012 budget. Council received a presentation from the Chair of each performance
cabinet — Safety and Security was presented by Mr. Thatcher; Mobility and
Infrastructure was presented by Director of Economic Development Greg Last; Quality
Development was presented by Assistant City Manager /Director of Public Safety Jim
Blagg; Partnership was presented by Director of Planning and Development Services
Ken Baker; Volunteerism was presented by Chief of Fire Services Mike Starr; and
Performance Management and Service Delivery was presented by Director of
Information Technology Dale Dean.
Assistant to the City Manager Alison Ortowski provided Council with an overview of the
Capital Budget. Director of Public Works Bob Price presented the proposed public
works projects and Director of Community Services Chris Tribble presented the
proposed park projects.
REGULAR CITY COUNCIL MEETING MINUTES, August 23, 2011
Page 2 of 4
5A. EXECUTIVE SESSION
This item was discussed earlier in the meeting.
5B. RECONVENE
Executive Session was discussed earlier in the meeting.
6. CONSENT AGENDA (Items 6A -B) Consent Agenda items are considered to be
routine by the City Council and are enacted with one motion. Mayor Terrell read the
Consent Agenda items into the record.
6A. APPROVE AN AMENDMENT TO THE TEXAS DEPARTMENT OF
TRANSPORTATION LOCAL PROJECT FUNDING AGREEMENT FOR THE FM
1709 MEDIAN PROJECT IN THE AMOUNT OF $57,313.10
6B. RESOLUTION NO. 11 -041, ANNUAL REVIEW OF INVESTMENT POLICY AND
INVESTMENT STRATEGIES
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,
REVIEW OF INVESTMENT POLICY AND INVESTMENT STRATGIES.
A motion was made to approve the consent agenda.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
7. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 11:03 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
John Terre I
Mayor
REGULAR CITY COUNCIL MEETING MINUTES, August 23, 2011
Page 3 of 4
ATTEST: ,,,,,,,,,,,,l,,,,,
Alicia Richardson, TRMa
City Secretary ', s
,,,,,,, /11 *1* `,,,,
REGULAR CITY COUNCIL MEETING MINUTES, August 23, 2011
Pane d of d