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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