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2011-05-17 Regular CC Meeting 1 ' CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: MAY 17, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order. 2. Invocation: David Whitington, Chaplain of the Month 3. Proclamation recognizing National Police Week May 15 -21, 2011. 4. Discuss Summer Fun in Southlake 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: 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 the advice of the city attorney regarding legal issues related to proposed legislation. b. Seek the advice of the city attorney regarding the regulation of the sale of alcoholic beverages. c. Seek the advice of the city attorney regarding specific use permits for mass gathering. d. Seek the advice of the city attorney regarding gas drilling and production and gas utility companies. e. Seek the advice of the city attorney regarding pending XTO and Energy Transfer Specific Use Permit, Gas Well Permit and Pipeline Permit applications. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 17, 2011 Page 2 of 6 f. Seek the advice of the city attorney regarding Cause No. 153 - 252281 -11; Southlake Taxpayers Against Neighborhood Drilling (STAND) vs. City of Southlake. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities and projects. 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 B. City Manager's 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 the minutes from the April 29, 2011 Joint Meeting of the City Council and the Board of Trustees Carroll ISD; the April 29, 2011 City Council meeting; and the May 3, 2011 City Council meeting. B. Approve Change Order No. 1 for the Kirkwood extension contract with Conaster, in the amount of $ $134,668.50. C. Variance to Subdivision Ordinance No. 483, as amended, Section 4.01 I, Expiration of Plats, requesting to extend the validity of the plats for Case ZA08 -003 Preliminary Plat for Nolen Center and Case ZA08 -028 Final Plat for Nolen Center located at the southwest corner of South Nolen Drive and East Southlake Boulevard. D. Ordinance 480 -604 (ZA11 -014), 1 Reading, Zoning Change and Concept Plan for the Ahmed Residence on property being described as Lot 4 -B, Block A, White Chapel Place Addition and being located at 841 South White Chapel Boulevard. Current Zoning: "RE" Single Family Residential Zoning District. Requested Zoning: "SF -2" Single Family Residential City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 17, 2011 Page 3 of 6 Zoning District. SPIN Neighborhood #9. (If approved at first reading, the public hearing for this item will be on June 7, 2011.) E. Ordinance 480 -338c (ZA11 -007), 2 Reading, Zoning Change and Site Plan for improvements to Carroll Independent School District Senior High School on property located at 1501 West Southlake Boulevard, being described as Lot 1, Block 1, Carroll Senior High School Addition, and being approximately 55.033 acres. Current Zoning: "S -P -1" Detailed Site Plan District. Requested Zoning: "S -P -1" Detailed Site Plan District. SPIN Neighborhood #10. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM AND THE PUBLIC HEARING TO THE JUNE 7, 2011 CITY COUNCIL MEETING. (The applicant tabled this item from the May 3, 2011 meeting.) REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m. This is the public's opportunity to address the City Council about non - agenda items. During this proceeding, the City Council will not discuss, consider or take action on any item presented. We respectfully ask that anyone stepping forward to speak during Public Forum to please limit remarks to three minutes or less.) 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 1003, authorizing the issuance of Certificates of Obligation, Series 2011A. PUBLIC HEARING B. Ordinance No. 1004, authorizing the issuance of Certificates of Obligation, Series 2011B. PUBLIC HEARING C. Ordinance No. 1005, authorizing the issuance of Certificates of Obligation, Series 2011C. PUBLIC HEARING D. Resolution No. 11 -024, approving the issuance of an issuer note by the Italy Higher Education Facilities Corporation for the Clariden School. PUBLIC HEARING 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: A. Resolution No. 11 -019, appoint members to the various Southlake 2030 Plan Element committees. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 17, 2011 Page 4 of 6 9. Other items for consideration: A. Consider SV11 -008, Variance to Sign Ordinance No. 704, as amended, for Dunkin Donuts located at 2255 West Southlake Boulevard. 10. Other items for discussion: A. Discuss adoption of a resolution supporting the "Fair Share for Clean air Campaign" urging the TCEQ to address air pollution issues from the gas industry. 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, May 13, 2011 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. b ZH 1 A/f % • Alicia Richardson, TRMC w >-: \ ? - City Secretary :3 e e e If you plan to attend this pLiblicaNtaiirt and have a disability that requires 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 May 17, 2011 Page 5 of 6 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. Jayson Steele vs. City of Southlake. August 2008. 2. Pending Public Information Act requests. 3. Texas Attorney General litigation defending the constitutionality of the Texas Open Meetings Act. 4. Legal issues regarding the Barnett Shale gas extraction and transportation. 5. Cause No. 153 - 252281 -11; Southlake Taxpayers Against Neighborhood Drilling (STAND) vs. City of Southlake. 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 qift 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 May 17, 2011 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 1 ' CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: MAY 17, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, and Councilmembers Carolyn Morris, Pamela A. Muller, Jeff Wang and Al Zito. CITY COUNCIL ABSENT: Deputy Mayor Pro Tem Brandon Bledsoe STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager /Director of Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Communication and Websites Manager Pilar Schank, Director of Finance Sharen Jackson, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Building Official Paul Ward, Planner II Clayton Comstock, Planner 11 Jennifer Crosby, Chief of Fire Services Mike Starr, Fire Marshal David Barnes, Emergency Management Coordinator Colleen Crocker, Chief of Police Services Robert Finn, Deputy of Police Services Rusty Daniels, Director of Community Services Chris Tribble, Deputy Director of Community Services Kari Happold, Marketing and Tourism Coordinator Jill Land, Director of Public Works Robert Price, City Attorney E. Allen Taylor, and City Secretary Alicia Richardson. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:32 p.m. 2. INVOCATION Mr. David Whitington with Christ Our King Church gave the invocation. Mayor Terrell led the pledge of allegiance. 3. PROCLAMATION RECOGNIZING NATIONAL POLICE WEEK ON MAY 15 -21, 2011 Mayor Terrell recognized and presented a proclamation to the Police Department for National Police week. Chief of Police Services Robert Finn and members of the Police Department were present to receive the proclamation. REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 1 of 10 Mayor Terrell announced the retirement of Police Chief Robert Finn. The City Council individually expressed their gratitude to Police Chief Robert Finn for his service and dedication to the City of Southlake. 4. DISCUSS SUMMER FUN IN SOUTHLAKE Deputy Director of Community Services Kari Happold provided Council with an overview of events planned for the summer season. 5. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA No action will be taken and each item will be considered during the Regular Session. Mayor Terrell read the consent agenda items. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:00 p.m. 2A. EXECUTIVE SESSION Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with the city attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:00 p.m. Executive Session began at 6:10 p.m. and concluded at 7:20 p.m. 2B. RECONVENE Mayor Terrell reconvened the regular meeting at 7:26 p.m. and asked if any action was necessary from Executive Session. There was no action needed as result of Executive Session. 3. REPORTS A. Mayor's Report — Update of upcoming meetings and events Mayor Terrell announced upcoming meetings and events. Mayor Pro Tem Laura K. Hill advised there is a new 501C3 organization in Southlake called SASO — Scholars and Athletes Serving Others. A community service REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 2 of 10 organization for young men and their mothers. SASO will partner with major charitable organizations to provide opportunities in Southlake and throughout the state of Texas. Councilmember Zito announced that Carroll Independent School District (CISD) is holding their Relay for Life event on Friday. Additional information can be located on CISD's website. B. City Manager's Report — Retirement of Police Chief Robert Finn City Manager Shana Yelverton announced the Police Department was recognized with a proclamation during early work session. During early work session, the Mayor and Council announced the upcoming retirement of Chief of Police Services Robert Finn. 4. CONSENT AGENDA (Items 4A -E) Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items into the record. 4A. APPROVE THE MINUTES FROM THE APRIL 29, 2011 JOINT MEETING OF THE CITY COUNCIL AND THE BOARD OF TRUSTEES CARROLL ISD; THE APRIL 29, 2011 CITY COUNCIL MEETING; AND THE MAY 3, 2011 CITY COUNCIL MEETING. 4B. APPROVE CHANGE ORDER NO. 1 FOR THE KIRKWOOD EXTENSIONCONTRACT WITH CONASTER IN THE AMOUNT OF $134,668.50. 4C. VARIANCE TO SUBDIVISION ORDINANCE NO. 483, AS AMENDED, SECTION 4.01 I, EXPIRATION OF PLATS, REQUESTING TO EXTEND THE VALIDITY OF THE PLATS FOR CASE ZA08 -003 PRELIMINARY PLAT FOR NOLEN CENTER AND CASE ZA08 -028 FINAL PLAT FOR NOLEN CENTER LOCATED AT THE SOUTHWEST CORNER OF SOUTH NOLEN DRIVE AND EAST SOUTHLAKE BOULEVARD. 4D. ORDINANCE NO. 480 -604 (ZA11 -014), 1 READING, ZONING CHANGE AND CONCEPT PLAN FOR THE AHMED RESIDENCE ON PROPERTY BEING DESCRIBED AS LOT 4 -B, BLOCK A, WHITE CHAPEL PLACE ADDITION AND BEING LOCATED AT 841 SOUTH WHITE CHAPEL BOULEVARD. CURRENT ZONING: "RE" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. REQUESTED ZONING: "SF -2" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. SPIN NEIGHBORHOOD #9. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE ON JUNE 7, 2011.) REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 3 of 10 4E. ORDINANCE NO. 480 -338C (ZA11 -007), 2 READING, ZONING CHANGE AND SITE PLAN FOR IMPROVEMENTS TO CARROLL INDEPENDENT SCHOOL DISTRICT SENIOR HIGH SCHOOL ON PROPERTY LOCATED AT 1501 WEST SOUTHLAKE BOULEVARD, BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL SENIOR HIGH SCHOOL ADDITION, AND BEING APPROXIMATELY 55.033 ACRES. CURRENT ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #10. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM AND TO CONTINUE THE PUBLIC HEARING TO THE JUNE 7, 2011 CITY COUNCIL MEETING. (THE APPLICANT TABLED THIS ITEM FROM THE MAY 3, 2011 MEETING.) A motion was made to approve the consent agenda. Motion: Hill Second: Zito Ayes: Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Absent: Bledsoe Approved: 6 -0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Terrell opened the public forum. Mr. Bill Spivey, 1520 Randol Mill Avenue, commented that he was thankful for the response he received from the City and Texas Department of Transportation to address the removal of trees on and adjacent to his property. Mr. Steve Oren, 2050 Shady Oaks Drive, commented on the gas drilling application. He recommended that Council withdraw the moratorium on gas drilling. Mr. Robert Gray, 1275 Shady Oaks Drive, commented on natural gas drilling. He informed Council that a lot of citizens in the community feel that their rights have been taken away by the vote of council. Mr. Matt Cleaves, 909 Park View Lane, spoke to Council regarding gas drilling. He suggested Council start a dialogue to allow both viewpoints to have an honest discussion regarding gas drilling. He believes the dialogue would change the divisiveness of the City. Ms. Sandy Davidson, 1013 South Holland Drive, commented on the vote against gas drilling. She does not believe it was in the best interest of the City. REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 4 of 10 There being no one else wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 1003, AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION,SERIES 2011A. PUBLIC HEARING APPROVED First Southwest representative Jim Sabonis presented this item and was available to answer questions from Council. Mr. Sabonis presented the item in conjunction with Items 6B and 6C. Mayor Terrell announced the public hearing for Items 6A, 6B and 6C would be held together. Mayor Terrell opened the public hearing and asked anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1003, authorizing the issuance of Certificates of Obligation, Series 2011A. Motion: Hill Second: Morris Ayes: Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Absent: Bledsoe Approved: 6 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011A "; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS AND SEWER SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 5 of 10 6B. ORDINANCE NO. 1004, AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION, SERIES 2011B. PUBLIC HEARING APPROVED The discussion and public hearing was held in conjunction with Items 6A and 6C. A motion was made to approve Ordinance No. 1004, authorizing the issuance of Certificates of Obligation, Series 2011B. Motion: Hill Second: Zito Ayes: Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Absent: Bledsoe Approved: 6 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011B"; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS AND SEWER SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. 6C. ORDINANCE NO. 1005, AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION, SERIES 2011C. PUBLIC HEARING APPROVED The discussion and public hearing was held in conjunction with Items 6A and 6C. A motion was made to approve Ordinance No. 1005, authorizing the issuance of certificates of obligation, series 2011C. Motion: Hill Second: Zito REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 6 of 10 Ayes: Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Absent: Bledsoe Approved: 6 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011C "; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS AND SEWER SYSTEM ; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. 6D. RESOLUTION NO. 11 -024, APPROVING THE ISSUANCE OF AN ISSUER NOTE BY THE ITALY HIGHER EDUCATION FACILITIES CORPORATION FOR THE CLARIDEN SCHOOL. PUBLIC HEARING APPROVED Director of Finance Sharen Jackson presented this item to Council and was available to answer questions. Mayor Terrell opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Resolution No. 11 -024, approving the issuance of an issuer note by the Italy Higher Education Facilities Corporation for the Clariden School. Motion: Hill Second: Muller Ayes: Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Absent: Bledsoe Approved: 6 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 7of10 RESOLUTION APPROVING THE ISSUANCE OF AN ISSUER NOTE BY THE ITALY HIGHER EDUCATION FACILITIES CORPORATION FOR THE CLARIDEN SCHOOL. Mayor Terrell announced that Council would move to Item 9A. 9A. CONSIDER SV11 -008, VARIANCE TO SIGN ORDINANCE NO. 704, AS AMENDED, FOR DUNKIN DONUTS LOCATED AT 2255 WEST SOUTHLAKE BOULEVARD. APPROVED Planner II Jennifer Crosby presented this item and was available to answer questions from Council. Ms. Crosby reviewed the variances and elevations with council. Applicant Tom Loscheider, 1028 Cove Meadow Court, Cedar Hill, Texas, presented this item to Council. The Council and applicant discussed the requested variances, size of the letters, color of the logo, awnings and lighted signs. A motion was made to approve SV11 -008, variance to sign ordinance No. 704, as amended, for Dunkin Donuts, located at 2255 West Southlake Boulevard; noting the following: applicant's agreement to bring the monument sign into conformance with current city regulations; reduce the logo height to be in equal proportion to the Dunkin Donuts lettering on the front, east and west side of the building; the lettering to be two 15" stacked with about two inches, similar to what was shown in the application; the cup would be reduced to match the lettering; the individual letters would include backlit channel lighting and remove the wording "coffee and more "; two drive - through signs totaling 4.63 square feet each in the locations that have been identified on the plan; elimination of window signs and awing signs; and noting that sign variances are conditional upon the monument sign being brought up to standard. Motion: Zito Second: Morris Ayes: Morris, Terrell, Wang, Zito Nays: Hill, Muller Absent: Bledsoe Approved: 4 -2 Mayor Terrell announced that Council would move to item 10A. 10A. DISCUSS ADOPTION OF A RESOLUTION SUPPORTING THE "FAIR SHARE FOR CLEAN AIR CAMPAIGN" URGING THE TCEQ TO ADDRESS AIR POLLUTION ISSUES FROM THE GAS INDUSTRY. REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 8 of 10 Mayor Terrell announced that this item was placed on the agenda at the request of Councilmember Zito. Councilmember Zito advised the intent of the resolution is to protect air quality in reasonable and affordable manners for the region. He would like staff to research and establish a resolution for consideration by Council. Mr. Jim Schermbeck, P.O. Box 253, Slaton, Texas, spoke in favor of the item. Mayor Terrell advised that staff would make appropriate changes and place a resolution on the June 7, 2011 Council meeting agenda. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA.) 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.) 8A. RESOLUTION NO. 11 -019, APPOINT MEMBERS TO THE VARIOUS SOUTHLAKE 2030 PLAN ELEMENT COMMITTEES. APPROVED A motion was made to approve Resolution 11 -019, appointing members to the following Southlake 2030 Plan Element Committees: • Councilmember Wang to the Mobility Plan • Councilmember Wang to the Community Plan • Councilmember Wang to the Sustainability Plan • Councilmembers Morris, Muller, Zito, Mayor Terrell (Ex- Officio), Ms. Leslie Bartlett, Ms. Terri Messing and Merlene Ingraham to the Arts Master Plan Motion: Hill Second: Wang Ayes: Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Absent: Bledsoe Approved: 6 -0 9. OTHER ITEMS FOR CONSIDERATION: 9A. CONSIDER SV11 -008, VARIANCE TO SIGN ORDINANCE NO. 704, AS AMENDED, FOR DUNKIN DONUTS LOCATED AT 2255 WEST SOUTHLAKE BOULEVARD. APPROVED Council discussed and took action on this item earlier in the meeting. 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 9 of 10 10A. DISCUSS ADOPTION OF A RESOLUTION SUPPORTING THE "FAIR SHARE FOR CLEAN AIR CAMPAIGN" URGING THE TCEQ TO ADDRESS AIR POLLUTION ISSUES FROM THE GAS INDUSTRY. Council discussed this item earlier in the meeting. 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 9:07 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. C)497, John Terrell Mayor ATTEST: ,, l lllllllll Ste, L • " : Alicia Richardson = i � •e9 ee° City Secretary ,�,,,,,,,, „* * ,`, °o. REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 10 of 10 Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Sales Misc INVOICE Customer ID: Invoice Number: Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Dates: F. g TQ t hiY,vF 37 37 LINE SQUT A 1Ef(AS CERVICATL�S OBLIGATION M 0$ rendered TAKE NOTICE that the City Council in # ati+io 5udi and the of the City of Southiake, Texas, firtanctng thereof suc certificates shall convene at, 6.00 P.M r on the to be payyable from ad valorem taxes „«ti A— , s U.. 'Iml at Wo ri+v and a limited pledge of the net the City Council will consi passage of one or more Ord authorizing the issuance o' icates of obligation, in one series, in an amount.. not td coots ctual pobligationss to curred for (i) the`construi THE STATE OF TEXAS County of Tarrant The certificates are to be issued, and this notice is given, under and Local Government trCode Subchapter C of Chapter 271. Alicia Richardson . Eity Secretary city esf , wTem CIT57 314738561 3/16/2011 Net due in 21 days 3/31/2011 21100072-000. 31473856 073 NOTICE OF INTEN 3/9/2011 - 3/16/2011 $17.29 $1,279.28 ($1,162.74) $10.00 Net Amount: �`,�� L Ho t►uj ��//� •SAP`( Pve�. s := C e OF i •• . •FXPIR�S•''•Y /V • _ • ....... $126.54 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publish in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR�ELEGRAM (817)215-2323 CNN Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Notary Publi Thank You For Your Payment ------------------------------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 314738561 $126.54 21100072-000.