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FINAL AgendaREGULAR CITY COUNCIL MEETING July 17, 2007 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 to 6:00 p.m. 1. Call to order. 2. Invocation: Bob Mason, Chaplain of the Month 3. Recognition of Southlake Sister Cities Youth Ambassadors. Discuss new make up of the Joint Drug and Alcohol Awareness Committee and new direction for the Committee. 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: 6:00 p.m. or immediately following the work session 1. Call to Order 2A. Executive Session. 2B. Reconvene/Action necessary from Executive Session. 3A. Mayor’s Report 3B. City Manager’s Report 3C. Financial Report CONSENT AGENDA: 4A. Approve the minutes from the June 19, 2007, regular City Council meeting and from the June 20, 2007, June Retreat with City Council. 4B. Excuse members of the City Council and of the Planning and Zoning Commission for absences from meetings. 4C. Approve the purchase of 40 desktop computers from Hewlett Packard Co. in the amount of $36,880. 4D. Resolution No. 07-043, Suspend the July 30, 2007 effective date of the proposal by Atmos Energy Corp., Mid-Tex Division to implement interim GRIP rate adjustments for Gas Utility Investment in 2006; authorize participation with the Atmos Cities Steering Committee in a Review and Inquiry into the sufficiency of the filing and the basis of the proposed rate adjustments; authorize intervention in administrative and court proceedings involving the proposed GRIP rate adjustments; require reimbursement of reasonable legal and consultant ratemaking costs; and require delivery of this resolution to the company and legal counsel. 4E. Accept general warranty deed for parks in the Town Square Grand Avenue District. 4F. Ordinance No. 480-341a, 1st Reading (ZA07-066), Zoning Change and Revised Site Plan for Commerce Business Park at 540 Commerce St. Current Zoning: S-P-1. Requested Zoning: S-P-1. SPIN #7. 4G. ZA07-073, Plat Revision for Lot 13R, H. Granberry No. 581 Addition, being a revision of Lot 13, H. Granberry No. 581 Addition at 400 S. White Chapel Blvd. Current Zoning: SF-1A. SPIN #14. 4H. Consider SP07-213, Master Sign Plan for Block 22, Southlake Town Square at the northeast corner of the intersection of Central Dr. and E. Southlake Blvd. 4I. Ordinance No. 480-222a, 1st Reading (ZA05-112), Zoning Change & Concept Plan for The Gateway Church – S.H. 114 Campus, being approx. 214 acres in the R. Eads Survey, Abstract No. 481, being Tracts 1, 1A1, 1E, 2, 2A, 2B & 2C1 and in the T. Mahan Survey, Abstract No. 1049, being Tracts 2A, 2B, 2B1, 3, 3A, 3C, 5, 5C and 5D, and a portion of Tracts 1 and 1B1. The property is along the north side of the 1500-1800 blocks of S. H. 114, along the south side of the 1300-1800 blocks of E. Highland St. & along the west side of the 600-900 blocks of N. Kimball Ave, & is approx. 600’ east of N. Carroll Ave. Current Zoning: NR-PUD & AG. Requested Zoning: NR-PUD. SPIN #6. THIS ITEM HAS BEEN TABLED ADMINISTRATIVELY UNTIL THE AUGUST 7, 2007, CITY COUNCIL MEETING. 4J. Ordinance No. 480-512, 2nd Reading (ZA06-189) Zoning Change & Site Plan for proposed Southlake Design Center at 280 Commerce St. Current Zoning: S-P-1. Requested Zoning: S-P-1. SPIN #7. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE AUGUST 21, 2007, REGULAR CITY COUNCIL MEETING. REGULAR AGENDA 5. Public Forum. (Public Forum will not begin prior to 7:00 p.m.) 6A. Ordinance No. 662-C, 2nd Reading, Revise the City of Southlake’s Drought Contingency Plan. PUBLIC HEARING 6B. Ordinance No. 909, 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 6C. Resolution No. 07-030, (ZA07-045), Specific Use Permit for mass gathering event at Gateway Church at 185 S. Kimball Ave. Current Zoning: S-P-1. SPIN #7. PUBLIC HEARING 6D. Ordinance No. 480-410a, 2nd Reading (ZA07-050), Zoning Change and Revised Concept Plan for Southlake Town Square at 245 N. Carroll Ave., 1297 Division St., 1301 and 1501 E. S.H. 114 and at the southeast intersection of the eastbound E. S.H. 114 frontage road and Central Ave. Current Zoning: DT, C-3 and S-P-1. Requested Zoning: DT. SPIN #8. PUBLIC HEARING 6E. Ordinance No. 480-526, 2nd Reading (ZA07-049), Zoning Change and Site Plan for Department of Public Safety Central Facility on Lots 1A, R. Eads No. 481 Addition and a portion of Tract 3J, R. Eads Survey, Abstract No. 481 and being located at 245 and 667 N. Carroll Ave. Current Zoning: CS, DT, and C-3. Requested Zoning: S-P-1. SPIN #8. PUBLIC HEARING 6F. ZA07-055, Revised Preliminary Plat for Blocks 11, 15, 16, and a portion of Block 12, and including portions of Division St. and State St., Southlake Town Square, being approx. 23 acres at 245 and 667 N. Carroll Ave. and 1297 and 1299 Division St. Current Zoning: C-3, CS and DT. Proposed Zoning: S-P-1, C-3, and DT. SPIN #8. 6G. ZA07-065, Plat Revision for Lot 1R, Richard Eads No. 481 Addition, also to be known as the Department of Public Safety Central Facility, being approx. 5 acres at 245 and 667 N. Carroll Ave. Current Zoning: C-3, CS and DT. Proposed Zoning: S-P-1. SPIN #8. 6H. Ordinance No. 480-527, 2nd Reading (ZA07-052), Zoning Change and Concept Plan for Southlake Regional Medical Center at 335 S.H. 114. Current Zoning: AG and SF-1A. Requested Zoning: S-P-2. SPIN #11. PUBLIC HEARING 6I. ZA07-053, Revised Site Plan for Harris Methodist Southlake expansion on Lot 1R, Block 1, Gorbutt Addition at 1545 E. Southlake Blvd. Current Zoning: S-P-2. SPIN #8. PUBLIC HEARING 7A. Ordinance No. 480-521, 1st Reading (ZA07-005), Zoning Change and Site Plan for Chapel Crossing Shopping Center at 245 W. S.H. 114 and Countryside Ct. Current Zoning: AG and C-1. Requested Zoning: S-P-2. SPIN #11. 7B. Ordinance No. 480-386b, 1st Reading (ZA07-054), Zoning Change and Revised Site Plan for Cristina’s Mexican Restaurant at 2707 E. Southlake Blvd. Current Zoning: S-P-2. Requested Zoning: S-P-2. SPIN #7. 8. There are no items on this agenda. 9A. ZA07-029, Preliminary Plat for Autumn Creek at 321, 331 and 333 W. Highland St. Current Zoning: SF-1A. SPIN #10. 9B. ZA07-033, Plat Revision for Autumn Creek being a revision of Lots 5R1-5R3, Block 1, T.M. Hood No. 706 Addition at 321, 331 and 333 W. Highland St. Current Zoning: SF-1A. SPIN #10. 9C. Consider SP07-182, Variance to Sign Ordinance No. 704-C for Cornerstone Plaza at 2707, 2717, and 2729 E. Southlake Blvd. There are no items on this agenda. 11. Meeting adjourned. Welcome to S.P.A.R.K.S City Council Meeting July 17, 2007 S.P.A.R.K.S Ten years after Southlake first created The Joint Drug and Alcohol Awareness Committee and conscious of an ever changing social landscape we are pleased to announce a new commitment to empowering our Citizens in the battle against underage drinking, drugs and internet perils S.P.A.R.K.S Students and Parents Against Risks to our Kids in Southlake S.P.A.R.K.S Mission Statement Sparking ideas,  sharing information, identifying needs, educating the Community, Mobilizing resources, promoting collaboration and advocating for sound public policy S.P.A.R.K.S New Membership Make Up: Two members of the City Council, appointed by the City Council; one of whom shall serve as Chair; One member of the School Board, appointed by the School Board; One member who is a young adult residing in Southlake, appointed by the City Council. One member who is a School Resource Officer; One member who is a licensed chemical dependency counselor (LCD) or other licensed mental health professional, appointed by City Council One member who is a School Counselor from either the High School or Senior High School, appointed by the School Board One member of a PTO, appointed by the PTO President One member who is a youth minister, appointed by City Council; Two students from Carroll High School and Two students from Carroll Senior High School, nominated by the Principle and the School Resource Officer of each school. Two members who are citizens at-large and are parents, appointed by the City Council One member representing Teen Court, recommended by the City Manager and appointed by the City Council S.P.A.R.K.S Opportunities Access to resources through the City Website Column in the City Newspaper Monthly Column in a local newspaper Sponsorship of School/Community Events Commercial to run on City Cable Site Column in PTO Newsletter Tips for Parents Peer groups at the local campuses Mascot ?? for school sports events Coordinated "safety" events through Parks and Recreation (Safety Town)  PTO events for younger students S.P.A.R.K.S Questions? Council Member Laura Hill Item 4C Authorize the purchase of 40 desktop computers from Hewlett Packard Company in the amount of $36,880 Item 4C Current practice is to replace about 1/3rd of our desktop computers each year There are about 40 PC’s which are in need of replacement Memory can’t be cost efficiently upgraded or replaced Hard Drives are at end of life expectancy and are beginning to fail more frequently. Item 4C The proposed purchase is based on pricing provided under Texas Department of Information Resources contract pricing. Resolution No. 07-043, Suspending the July 30, 2007 effective date of the proposal by Atmos Energy Corp. July 17, 2007 Item 4D Background Gas Reliability Infrastructure Program (GRIP) Texas Legislature in 2003 enacted GRIP statute; Encourage gas utilities to invest in their systems to ensure system safety; Surcharge request cannot become effective until 60 days following filing; Effective date may be suspended by a city for 45 days; Atmos GRIP surcharge request Monthly surcharge effective July 30, 2007 Residential customers $0.59; Commercial customers $1.47; Industrial customers $28.74; Resolution No. 07-043 Suspends the effective date to the maximum extent permitted by law; Authorizes participation with Atmos Cities Steering Committee; Authorizes intervention; Request reimbursement of associated cost with the GRIP rate increases; QUESTIONS? Please contact Sharen Jackson Item 4E: Authorization to accept general warranty deed for parks in the Town Square Grand Avenue District Developer’s agreement for Town Square Grand Avenue construction of two public parks McPherson Park Plaza Park City’s participation $1,000,000 TIF Development Agreement Facilities completed by developer Staff proceeding with acceptance process April 17, 2007 City Council meeting authorization to accept deeds for various streets and right-of-ways Continues acceptance process upon satisfaction of agreement requirements City Attorney has reviewed the general warranty deed for public parks McPherson Park Plaza Park Staff is available for comments or questions. Staff Contact: Steve Polasek Item 6A Ordinance No. 662-C; Revise the City of Southlake’s Drought Contingency Plan Drought Contingency Water Conservation It’s been raining…and raining So, why a water conservation discussion? Why drought contingency? Ellis 109,400 448,600 339,200 310% Johnson 124,300 444,200 319,900 257% Kaufman 69,900 277,700 207,800 297% Parker 85,600 328,400 242,800 284% Rockwall 42,500 145,000 102,500 241% Wise 47,600 102,400 54,800 115% Urban Region 5,067,400 9,107,200 4,039,800 80% Regional Population Collin 492,300 1,166,700 674,400 137% Dallas 2,232,500 2,817,200 584,700 26% Denton 428,100 1,085,300 657,200 154% Tarrant 1,435,200 2,291,700 856,500 60% Water Conservation and Drought Contingency Planning Water Conservation and Drought Contingency Planning 1997 - State adopted regulations water systems > 3,300 connection adopt Water Conservation and Drought Contingency Plans (DCP) Wholesale purchase from Ft. Worth Contract terms - require wholesale customers Drought Contingency Plan At minimum, restrictive as the City of Ft. Worth’s DCP Water Conservation and Drought Contingency Planning Southlake’s Drought Contingency Plan adopted in August, 1996 Revised in January, 2006 (Ord. 622-B) mirrors the Ft. Worth plan “triggers” or conditions which warrant the various stages of conservation measures to take effect all refer to Ft. Worth’s treatment capacity and the Tarrant Regional Water Districts reservoir capacity Water Conservation and Drought Contingency Planning Current DC Plan does not address specific local water system limitations limit our ability to meet peak demands Causes: Heavy demand Peak demand – Early a.m. Drought conditions Drought Contingency Planning The two limiting factors in our water systems are the pumping capacity and the elevated storage tank capacity Drought Contingency Planning This chart of elevated storage tank levels shows the diurnal water demand for a 4 day period in August 2006 Water Conservation and Drought Contingency Planning Must maintain sufficient levels of water in the elevated storage tanks fire protection and domestic use, Therefore, Necessary to limit outdoor irrigation when local water demand causes tower levels to reach critical levels Potential Problems High demands pumping capacity reaches it limits. water customers demand > pumping capability probability of emptying EST tanks pressure drop in the city’s water system. State regulations, Pressure drop < 20 pounds psi Mandatory Issuance of “Boil Water Notice”. need to build “Local Triggers” into Drought Contingency Plan Current and Proposed Stages Stage 1 – Dry Conditions Stage 2 – Water Watch (<18’ Elev) Stage 3 – Water Warning (<18’ Elev) Stage 4 – Emergency Water Management (< 12’ Elev) Changes Hypothetical- Proposed Ordinance In effect last Summer Stage 2 Trigger – July 14, 2006 Remained in effect until 9/30/06 Proposed Ordinance Language If conditions warrant, stand-down from Stages 2, 3 or 4 is available to DPW Watering Restrictions -10a.m. – 6 p.m. Remain in Place SUMMARY Required by State Required by Fort Worth Addition of Local Triggers High Demand caused Equipment Malfunction No Action = Potential Increase of Water outage Water Conservation and Drought Contingency Planning Questions? Water Conservation and Drought Contingency Planning Stage 1 – Dry Conditions Normal conservation measures on a voluntary basis Voluntary lawn and golf course fairway irrigation recommended once every 5 days with no watering allowed between 10 a.m. and 6 p.m. Water Conservation and Drought Contingency Planning Stage 2 – Water Watch Trigger: Water level in 3 elevated storage tanks falls below 18’ for three consecutive days with the Pearson pump station operating at 100% capacity Mandatory - Landscape irrigation restricted to once every 5 days Mandatory - No hosing off of pavement, buildings or windows Mandatory - Vehicle washing restricted to commercial facilities only Use of water from Fire Hydrants restricted to fire fighting and uses necessary to maintain public health, safety and welfare Water Conservation and Drought Contingency Planning Stage 3 – Water Warning Trigger: With the Stage 2 restrictions in place for at least 2 weeks, the water level in 3 elevated storage tanks fall below 18’ for three consecutive days with the Pearson pump station operating at 100% capacity All Stage 2 restrictions plus the following restrictions apply: Mandatory - No operation of ornamental fountains Mandatory - No draining, filling, refilling or adding water to pools or jacuzzi type pools Mandatory - No foundation watering except by hand held hose and only then on the 5 day watering cycle Mandatory - Any action allowing water to run onto pavement or otherwise wasting water Water Conservation and Drought Contingency Planning Stage 4 – Emergency Water Use Management Triggers: With the Stage 3 restrictions in place for at least 2 weeks water level in 3 elevated storage tanks fall below 12’ for three consecutive days with the Pearson pump station operating at 100% capacity and/or malfunction or breakdown of a water system component (pump, storage tank, or supply line) which severely limits the City’s ability to provide water and/or At the discretion of the Director of Public Works Water Conservation and Drought Contingency Planning Stage 4 – Emergency Water Use Management All Stage 2 and 3 restrictions plus the following restrictions apply: NO IRRIGATION No installation of new landscaping Water Conservation and Drought Contingency Planning Item 6B Ordinance No. 909 Appoint a Municipal Judge Authorize Agreement Southlake City Charter Section 5.02 “The City Council Shall by ordinance appoint one or more judges of the Municipal Court.” Qualifications Licensed attorney in good standing 2 or more years of experience in Texas Two-year term Southlake Municipal Judge Carol Montgomery has served as Southlake’s Municipal Judge since July 2001. She has expressed her continued interest. Amenable to all Council-directed changes to employment agreement. Proposed Employment Agreement City Agrees: Two year term Market-based Compensation Provide for: Technology Needs Equipment Needs Professional Memberships Training City Manager administrative management of contract Judge Agrees: Compliance with ethical standards and code of conduct Will not represent clients adverse to city Perform duties in compliance with performance standards included in the contract Sample Performance Standards Highest ethical standards Professionalism Promptness and courtesy Coordination with staff Continuing education Other judicial duties Questions?