Loading...
Agenda CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: SEPTEMBER 18, 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: Tom Pennington, 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 551.071: Consultation with attorney a. Seek advice of the city attorney regarding Simmons Addition sewer services. b. Seek advice of the attorney regarding the City's Tree Preservation Ordinance (Ordinance No. 585-C). 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 C. Financial Report CONSENT AGENDA City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 18, 2007 Page 2 of 7 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 August 28, 2007, special meeting with the City Council and the September 4, 2007, regular City Council meeting. B. Award construction bid to WHF Electrical Contractors for $55,500 for electrical modifications to Shady Lane and Lonesome Dove Lift Stations to provide for the use of a backup power generator. C. Ordinance No. 635-B, 1St Reading, Amending Chapter 2, Article VI, Code of Ethics and Conduct of the Southlake City Code to amend Section 2-265 Disclosure of Interest to comply with Chapter 176 of the Texas Local Government Code. (If approved on first reading, the public hearing will be held October 2, 2007.) D. Resolution No. 07-053, Annual Review of Investment Policy and Investment Strategies. E. Resolution No. 07-055, Deny the request of Atmos Energy Corp., Mid-Tex Division, for an annual gas reliability infrastructure program (GRIP) rate increase in this municipality, as a part of the company's statewide gas utility distribution system; supporting statutory reform of the Texas GRIP Statute, finding that the meeting at which this resolution is passed is open to the public; and providing for notice of this resolution at Atmos Energy Corp., Mid-Tex Division and the City's legislative delegation. F. Ordinance No. 699-A, 1St Reading, Repeal Ordinance No. 699 and amend the City of Southlake's Cross Connection Ordinance. (If approved at first reading, the public hearing will be held October 2, 2007.) G. Ordinance No. 914, 1St Reading, Adopt regulations regarding the generation, transportation and disposal of liquid waste in the City of Southlake. (If approved at first reading, the public hearing will be held October 2, 2007.) H. Ordinance No. 480-LLL, 2°d Reading, Amend the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the "SF-2" Single Family Residential Zoning District. THIS ITEM HAS BEEN TABLED TO THE OCTOBER 2, 2007, CITY COUNCIL MEETING. 1. Ordinance No. 480-492, 1St Reading (ZA06-045), Zoning Change for a portion of Lot 1, Block 1, Arnold Estates. The property is situated at 1275 Shady Oaks Drive City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 18, 2007 Page 3 of 7 with access through 520 West Highland Street. Current Zoning: RE Single Family Residential Estate District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #11. THIS ITEM HAS BEEN ADMINISTRATIVELY TABLED TO THE OCTOBER 2, 2007, CITY COUNCIL MEETING. 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. Ordinance No. 915, 2°d Reading, Annual budget for FY 2008 and revised budget figures for FY 2007 and multi-year CIP. SECOND PUBLIC HEARING B. Ordinance No. 916, 2»d Reading, Tax levy ordinance. SECOND PUBLIC HEARING C. Ordinance No. 913, 2°d Reading, Affecting participation of city employees in the Texas Municipal Retirement System (TMRS), granting the additional rights authorized by Section 854.202(g) of Title 8, Texas Government Code adopting a 20-year / any age service retirement option; and prescribing an effective date. PUBLIC HEARING D. Ordinance No. 480-530, 2°d Reading (ZA07-080), Zoning Change and Concept Plan for 1090 Primrose Lane on property being legally described as Tract 2C2, A.H. Chivers Survey, Abstract No. 299, and being located at 1090 Primrose Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-30 Single Family Residential District. SPIN Neighborhood #5. PUBLIC HEARING E. Ordinance No. 480-531, 2nd Reading (ZA07-085), Zoning Change and Concept Plan for Shady Oaks being approximately 96.3 acres located on the west side of the 800 - 1100 blocks of Shady Oaks Drive and on the east side of the 1000 - 1200 blocks of North Peytonville Avenue, specifically including properties located at 820, 910, 1020 Shady Oaks Drive and 985, 1005, and 1125 North Peytonville Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #13. PUBLIC HEARING F. ZA07-086, Preliminary Plat for Shady Oaks being approximately 96.3 acres located on the west side of the 800 - 1100 blocks of Shady Oaks Drive and on the east side of the 1000 - 1200 blocks of North Peytonville Avenue, specifically including properties located at 985, 1005, and 1125 North Peytonville Avenue and 820, 910, 1020 Shady Oaks Drive. Current Zoning: AG Agricultural District. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 18, 2007 Page 4 of 7 Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood # 13. G. Resolution No. 07-057, CP07-003, Comprehensive Land Use Plan Amendment for South Village at Watermere, being approximately 33.72 acres located at 2271 Union Church Road. The current underlying land use designation is Public/Semi- Public and the proposed underlying land use designation is Medium Density Residential. SPIN Neighborhood #15. PUBLIC HEARING H. Ordinance No. 480-476a, 2°d Reading (ZA07-097), Zoning Change and Concept Plan for South Village at Watermere on property being legally described as Tracts 4F, 4F1, 5A1B, 6A1, and 6B4 and a portion of Tracts 4D, 4G, and 6A, J.G. Allen Survey, Abstract No. 18, and being located at 2271 Union Church Road, 2811 West Southlake Boulevard, 2809 West Southlake Boulevard, 2815 West Southlake Boulevard, 2801 West Southlake Boulevard, 2477 Union Church Road, and 2451 Union Church Road. Current Zoning: AG Agricultural District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. PUBLIC HEARING 1. Ordinance No. 480-532, 2„d Reading (ZA07-098), Zoning Change and Development Plan for South Village at Watermere on property being legally described as Tract 4C and 6A2 and a portion of Tracts 4D and 6A, J.G. Allen Survey, Abstract No. 18, located at 2271 Union Church Road and 2451 Union Church Road. Current Zoning: AG Agricultural District. Requested Zoning: R- PUD Residential Planned Unit Development District. SPIN Neighborhood #15. PUBLIC HEARING J. ZA07-099, Preliminary Plat for South Village at Watermere on property being legally described as Tracts 4C, 41), 6A2, and a portion of 6A, J.G. Allen Survey, Abstract No. 18 and being located at 2271 Union Church Road and 2451 Union Church Road. Current Zoning: AG Agricultural District. Proposed Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. 7. Ordinances, first readings, and related items: A. Ordinance No. 480-533, lst Reading (ZA06-160), Zoning Change and Site Plan for Offices of K. Wayne Lee on property being legally described as Tracts 4A14 and 4A20, J.G. Allen Survey, Abstract No. 18 and being located at 3220 West Southlake Boulevard. Current Zoning: AG Agricultural District and R-PUD Residential Planned Unit Development District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15. (If approved at first reading, the public hearing will be held October 2, 2007. ) B. Ordinance No. 480-187a, 1st Reading (ZA07-090), Zoning Change and Site Plan for Sports Complex on property being legally described as Lot 2R, Block B, City of Southlake values: Integrity 1 Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 18, 2007 Page 5 of 7 Commerce Business Park Addition and being located at 280 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. (If approved at first reading, the public hearing will be held October 2, 2007.) C. Ordinance No. 480-RRR, 1St Reading, Amend the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Oil and Gas Drilling and Production and discuss an amendment to the City's Master Plan as it pertains to Oil and Gas drilling and production. (If approved at first reading, the public hearing will be held October 2, 2007.) D. Ordinance No. 880-A, 1St Reading, Amend Section 9.5, Article IV, of the Southlake City Code regarding Gas and Oil Well Drilling and Production. (If approved at first reading, the public hearing will be held October 2, 2007.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Consider SP07-275, Variance to the Gateway Plaza Phase II (Wyndham Plaza) Conditional Sign Permit for Michael Anthony's located at 2750 East Southlake Boulevard, Suite 140. B. Consider SP07-290, Variance to the Jellico Square Conditional Sign Permit for Noble Roman's Pizza and Tuscano's Subs located at 250 Randol Mill Avenue, Suite 140. 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 14, 2007, by 6:00 p.m., pursuant to the Texas Government Code' Ch o•o • t s • o • ' Lori Payne, TRMC • •i • e City Secretary ••••......o••'" If you plan to attend this public iite it ar~ave a disability that requires special needs, please '121,1 ti, advise the City Secretary's Office 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 18, 2007 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 v. City of Southlake. September 2006. 3. TBC Construction, Inc., and TBC First Realty, Inc. v. City of Southlake, Barson Utilities, Inc., aka Barson Utilities. December 2006. 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 18, 2007 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; 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 1 Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork