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AgendaCITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: SEPTEMBER 16, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: Scott Berry, Chaplain of the Month 3. 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. 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 551.074: Deliberation regarding personnel matters a. Deliberation of appointments of city board and commission members. 2. 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 B. City Manager's Report 1. Introduction of the new Police Chief and Fire Chief C. Financial Report D. Chamber of Commerce Report - Oktoberfest City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 16, 2008 Page 2 of 7 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 the minutes from the September 2, 2008, regular City Council meeting. B. Resolution No. 08-041A, Approve joint election agreements with Tarrant County Elections Administration and Denton County Elections Administration and amend election procedures for the November 4, 2008 special Local Option Election to legalize the sale of beer and wine for off- premise consumption only. C. Resolution No. 08-049, Request the Texas State Legislature to allow for greater local regulatory oversight of intra-state gas utilities. D. Ordinance No. 946, 1St Reading, An ordinance adding Chapter 9.5, Article VIII to the Code of Ordinances; providing for the regulation of erosion and sediment control at construction sites within the city of Southlake and establishing an effective date. (If approved at first reading, the public hearing will be held October 2008.) E. Ordinance No 483-0, 1St Reading, Amendment to the Subdivision Ordinance No. 483, as amended, as it pertains to the requirements for the installation of underground franchise utilities within the City of Southlake. (If approved at first reading, the public hearing will be held October 2008.) F. Approve a Southlake Parks Development Corporation (SPDC) matching funds request from the Southlake Historical Society in the amount of $1,000 for the restoration of a historic wagon. G. Approve a Southlake Parks Development Corporation (SPDC) matching funds request from the Bob Jones Nature Center organization in the amount of $1,900 for the purchase of picnic tables for the Bob Jones Nature Center & Preserve. H. Approve a Southlake Parks Development Corporation (SPDC) matching funds request from the Bob Jones Nature Center organization in the amount of $1,500 for the purchase of classroom furniture for Bob Jones Nature Center & Preserve. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 16, 2008 Page 3 of 7 REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.) 6. Ordinances, second readings, public hearings, and related items: A. ZA08-061, Revised Site Plan for Watermere at Southlake Clubhouse on property being Lot 4, Block 1, Watermere Addition located at 301 Watermere Drive. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. PUBLIC HEARING B. Ordinance No. 480-509A, 2nd Reading (ZA08-072), Zoning Change and Development Plan for Cotswold Valley (formerly known as Estancia) on property located at 579 North Kimball Avenue. Current Zoning: R-PUD - Residential Planned Unit Development. Requested Zoning: R-PUD - Residential Planned Unit Development. SPIN Neighborhood #6. PUBLIC HEARING C. Ordinance No. 480-565, 2nd Reading (ZA08-050), Zoning Change and Site Plan for CySolutions Office Complex located at 165 South Kimball Avenue. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood PUBLIC HEARING D. Ordinance No. 480-568, 2nd Reading (ZA08-046), Zoning Change and Concept Plan for Lots 22 and 23, T.M. Hood No. 706 Addition on property located at 1340 and 1340B Shady Oaks Drive and described as Tracts 2C, 2C2, 2C2A and 2C2B, T.M. Hood Survey, Abstract No. 706. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #11. PUBLIC HEARING E. ZA08-047, Plat Showing for Lots 22 and 23, T.M. Hood No. 706 Addition on property located at 1340 and 1340B Shady Oaks Drive and described as Tracts 2C, 2C2, 2C2A and 2C2B, T.M. Hood Survey, Abstract No. 706. Current Zoning: AG Agricultural District. SPIN Neighborhood #11. F. ZA08-064, Site Plan for Lot 5, Block 22, Southlake Town Square on property located at 125 Central Avenue and described as Lot 5, Block 22, Southlake Town Square. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING G. Resolution No. 08-045, Amendments to the City's Mobility and Master Thoroughfare Plan, an element of the Southlake 2025 Plan, the City's Comprehensive Master Plan, to include the future alignment of Kirkwood City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 16, 2008 Page 4 of 7 Boulevard, north of State Highway 114, and North Carroll Avenue. PUBLIC HEARING H. Ordinance No. 942, 2nd Reading, Approve and adopt the annual budget for Fiscal Year 2009 and approve the revised budget figures for Fiscal Year 2008 and multi-year Capital Improvement Plan. SECOND PUBLIC HEARING 1. Ordinance No. 943, 2nd Reading, Tax Levy Ordinance. SECOND PUBLIC HEARING Ordinance No. 944, 2nd Reading, Approve an ordinance of the City of Southlake, Texas, providing for a residential homestead property tax exemption; providing that this ordinance shall be cumulative of all ordinances; providing a severability clause; providing a publication clause; and providing an effective date. PUBLIC HEARING K. Ordinance No. 945, 2nd Reading, Approve a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex or "The Company") regarding the company's rate review mechanism filing in all cities exercising original jurisdiction; declaring existing rates to be unreasonable; adopting 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; approving Atmos' proof of revenues; adopting a savings clause; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declaring an effective date; and requiring delivery of this ordinance to the company and legal counsel. PUBLIC HEARING Ordinances, first readings, and related items: A. Ordinance No. 480-564, 1St Reading (ZA08-031), Zoning Change and Development Plan for Carillon Southlake on property located at the northeast corner of East State Highway 114 and North White Chapel Boulevard and described as Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3B1, and 3132, Larkin H. Chivers Survey, Abstract No. 300 and Tracts 3 and 4A1, Absolom H. Chivers Survey, Abstract No. 299. Said property also being currently addressed 1500 and 1900 North Carroll Avenue, 1801 North White Chapel Boulevard, and 100, 202, 250, 300, 320, and 350 East State Highway 114. Current Zoning: NR-PUD Non-Residential Planned Unit Development District and C-2 Local Retail Commercial District. Requested Zoning: ECZ Employment Center Zoning District. SPIN Neighborhood #5. (If approved at first reading, the public hearing will be held October 2008.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 16, 2008 Page 5 of 7 B. Ordinance No. 480-440a, 1St Reading (ZA08-076), Zoning Change and Site Plan for Farpointe Wine Cellar on property located at 721 East Southlake Boulevard and described as Lot 1, Block 1, Pecan Creek. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P- 1 Detailed Site Plan District. SPIN Neighborhood #9E. (If approved at first reading, the public hearing will be held October 2008.) 8. Resolutions: A. Resolution No. 08-047, Appoint members to the Senior Advisory Committee. B. Resolution No. 08-048, Appoint a member to the Zoning Board of Adjustment. 9. Other items for consideration: A. Consider SP08-208, Variance to Sign Ordinance 704-C for Anderson's Furniture located at 1600 East Southlake Boulevard. 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, September 12, 2008, by 6:00 p.m., pursuant to t e Texas Gover~ 'lgsie, Chapter 551. Lori Payne, T C C City Secretary If you plan to attend this pj1bJkc -N*@fing and have a disability that requires special needs, please advise the City `S'~ YRafy'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 September 16, 2008 Page 6 of 7 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. Teresa Dreyer vs. City of Southlake. September 2006. 3. June G. Thrash vs. City of Southlake, et al. January 2008. 4. Michael Kenny vs. City of Southlake. April 2008. 5. Jayson Steele vs. City of Southlake. August 2008. 6. City of Southlake vs. Greg Abbott, Attorney General, State of Texas. 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 September 16, 2008 Page 7 of 7 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; 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