Agenda
CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: AUGUST 4 ,2009
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M. (The work session will be held jointly with the Planning
and Zoning Commission.)
1. Call to order.
2. Invocation: David Whitington, Chaplain of the Month
3. Joint meeting with the Planning and Zoning Commission to consider the following
item:
A. Resolution No. 09-047 (ZA09-034), Site Plan for Southlake Town Square,
Building GA-2 for Storefront Modification on property described as Lot 4R,
Block 3R2R, Southlake Town Square Addition and being located at 252
Grand Avenue. Current Zoning: DT Downtown District. SPIN
Neighborhood #8.
4. Joint meeting with the Planning and Zoning Commission closed. City Council will
open their regular session.
REGULAR SESSION: 6:30 P.M. or immediate) followin 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.
b. Seek advice of the city attorney regarding condemnation
action for Dove Trail project.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 4, 2009
Page 2 of 6
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.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
2. Special recognition of Eric Wang
B. City Manager's Report
1. Financial 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 July 21, 2009 regular City Council meeting.
B. Award a construction contract for waterline relocation on F.M. 1938 to
Pipeworks Construction, LLC in the amount of $112,701 and authorize
construction phase contingencies.
C. Approve Amendment No. 3 to the interlocal agreement with Tarrant
County for allocation of Tarrant County bond funds being provided in
conjunction with the F.M. 1938 project.
D. Resolution No. 09-045, Amend the City of Southlake Insurance Trust
Agreement.
E. Approve SPDC Matching Funds request from Bob Jones Nature Center
organization for $550 ($1,100 total cost) to purchase four benches for the
nature center patio.
F. Approve professional services agreement with Dean Construction for
Construction Manager at Risk services for Bicentennial Park, Phase I
improvements.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 4, 2009
Page 3 of 6
G. Ordinance No. 961, 1St Reading, Amend Chapter 5, Article IV "Contractor
Registration Ordinance" of the Southlake City Code. (If approved at first
reading, the public hearing will be held August 18, 2009.)
H. Resolution No. 09-028, Approve the terms and conditions of a program to
promote economic development and stimulate business and commercial
activity in the City; authorize the Mayor to execute an amended agreement
with Southlake Land Holdings, L.P., a Texas limited partnership, by
Southlake Land Holdings GP, L.L.C. a Texas limited liability company, its
general partner for such purposes; and provide an effective date.
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. 959, 2nd 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. PUBLIC HEARING
B. Resolution No. 09-046 (ZA09-024) Specific Use Permit for a Solar Energy
System for the Martin Residence on property being legally described as
Lot 2, Block 5, Chapel Downs Addition and being located at 104 East
Chapel Downs Drive. Current Zoning: SF-30 Single-Family Residential
District. SPIN Neighborhood #7. PUBLIC HEARING
C. Resolution No. 09-047 (ZA09-034), Site Plan for Southlake Town Square,
Building GA-2 for Storefront Modification on property described as Lot 4R,
Block 3R2R, Southlake Town Square Addition and being located at 252
Grand Avenue. Current Zoning: DT Downtown District. SPIN
Neighborhood #8. PUBLIC HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 4, 2009
Page 4 of 6
7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
8. Resolutions:
A. Resolution No. 09-048, Authorize the city attorney to bring condemnation
action for the purpose of obtaining a right-of-way easement for the
purpose of constructing an 8 foot wide multi-purpose trail located on Tract
1A01, J.L. Chivers Survey, Abstract No. 348, located at 600 East Dove
Road.
B. Resolution No. 09-049, Authorize the city attorney to bring condemnation
action for the purpose of obtaining a right-of-way easement for the
purpose of constructing an 8 foot wide multi-purpose trail located on Tract
2131A, J.L. Chivers Survey, Abstract No. 348, located at 680 East Dove
Road.
C. Resolution No. 09-050, Authorize the city attorney to bring condemnation
action for the purpose of obtaining a right-of-way easement for the
purpose of constructing an 8 foot wide multi-purpose trail located on Tract
213, J.L. Chivers Survey, Abstract No. 348, located at 670 East Dove
Road.
9. Other items for consideration: (There are no items on this agenda.)
10. Other items for discussion: (There are no items on this agenda.)
11. 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, July 31, 2009, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
l r ®i` w
.
Lori Payne, TRM
City Secretary
r
If you plan to attend this public e •......+9~a disability that re
meetiiYg,~n,~~d y quires 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 meeting agenda
August 4, 2009
Page 5 of 6
EXECUTIVE SESSION
Section 551.071: Consultation with attornev
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 of Southlake
City Council meeting agenda
August 4, 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 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