2009-07-21
CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: JULY 21. 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: David Whitington, Chaplain of the Month
3. Post event briefing - Stars & Stripes
4. Landscape plan for F.M. 1709 median project
5. 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
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 551.071: Consultation with city attorney
a. Seek advice of the city attorney regarding Robinson
contract.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities.
3. Section 551087• Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
July 21, 2009
Page 2 of 6
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
2. Pink Out Day
B. City Manager's Report
C. Southlake Arts Council 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 July 7, 2009 regular City Council meeting.
B. Excuse absences of a Planning and Zoning Commission member.
C. Approve a Local Project Advance Funding Agreement (LPAFA) with
TxDOT for funding of Safe Routes to School Project.
D. Approve a professional services agreement to provide engineering design
services for the Woodland Heights Connector Road and the McPherson
Branch Connector Road with Halff Associates, Inc. in the amount of
$70,700.
E. Approve renewal of contract with Aetna for employee medical and dental
benefits for plan year October 1, 2009 through September 30, 2010.
F. Approve a contract with Tarrant County for tax collection.
G. Ordinance No. 959, 1St Reading, Approve a negotiated resolution between
the Atmos Cities Steering Committee ("ACSC" or "Steering Committee")
and Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or
"Company") regarding the company's rate review mechanism filing in all
cities exercising original jurisdiction; declare existing rates to be
unreasonable; requiring the company to reimburse cities' reasonable rate-
making expenses; adopt tariffs that reflect rate adjustments consistent
with the negotiated settlement and finding the rates to be set by the
attached tariffs to be just and reasonable; approve Atmos' proof of
revenues; adopt a savings clause; determine that this ordinance was
passed in accordance with the requirements of the Texas Open Meetings
Act; declare an effective date; and require delivery of this ordinance to the
company and the steering committee's legal counsel. (If approved on first
reading, a public hearing will be held on August 4, 2009.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
July 21, 2009
Page 3 of 6
H. Approve naming a section of Liberty Garden in honor of Dorothy Wood.
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:30 p.m.)
6. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 956, 2nd Reading, Appoint a Municipal Judge and authorize
the Mayor to execute an agreement with the Municipal Judge and provide
an effective date. PUBLIC HEARING
B. Ordinance No. 954, 2nd Reading, Approve a speed limit on State Highway
114 from the South la ke-Westl a ke boundary to the Southlake-Grapevine
boundary. PUBLIC HEARING
C. Ordinance No. 480-ZZZ, 2nd Reading, Amendment to the Comprehensive
Zoning Ordinance No. 480, Section 44.12 (1), as amended, Special
Exceptions Use, as it pertains to the regulations for servants or family
quarters. PUBLIC HEARING
D. Resolution No. 09-044 (ZA09-025) Specific Use Permit for Spirit Life
Church International on property being legally described as Lot 1, Block C,
Commerce Business Park Addition and being located at 2805 Market
Loop, Suite 300. Current Zoning: 1-1 Light Industrial District. SPIN
Neighborhood #8. PUBLIC HEARING
7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
8. Resolutions:
A. Resolution No. 09-043, Appoint members to the Southlake 2030 Plan
Committee.
9. Other items for consideration:
A. Consider SV09-013, Variance to Sign Ordinance No. 704, as amended,
for Big Inc. Corporation located at 2757 East Southlake Boulevard, Suite
100.
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
July 21, 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, July 17, 2009, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
\C0,0 4 r~
6^ i
Lori Payne, TR =
City Secretary
If you plan to attend this publibjnee~l °anq.,hhave a disability that requires special needs, please
advise the City Secretary's O/ffi'ae~`'hiours 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 pf Southlake
City Council meeting agenda
July 21, 2009
Page 5of6
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. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a
Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John
R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004.
2. Michael Kenny vs. City of Southlake. April 2008.
3. 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 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 pf Southlake
City Council meeting agenda
July 21, 2009
Page 6 of 6
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 418106(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