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2011-04-05 CITY OF ► F SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: APRIL 5, 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: Ben Weiss, 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: Immediately following the work session 1. CaII 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(0, 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 subiect matter of this City Council meeting. 1. Section 551.071: Consultation with attorney a. Seek the advice of the city attorney regarding gas drilling and production and gas utility companies. b. Seek the advice of the city attorney regarding pending XTO and Energy Transfer Specific Use Permit, Gas Well Permit and Pipeline Permit applications. c. Seek the advice from the attorney regarding new federal case law referencing special protected land uses. d. Seek the advice of the city attorney regarding the regulation of the sale of alcoholic beverages. e. Seek the advice of the city attorney regarding city official liability coverage. f. Seek the advice of the city attorney regarding Carroll Independent School District projects. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 5, 2011 Page 2 of 7 2. Section 551.074: Deliberation regarding personnel matters a. Deliberate the appointments of city board and commission members 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. Proclamation for Connect with the City Month B. City Manager's Report 1. GFOA Distinguished Budget Presentation Award 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 of the March 22, 2011 City Council Workshop and Community Discussion. B. Approve an encroachment and joint use agreement for Mi Cocina Restaurant outdoor dining in the right of way at 1276 Main Street. C. Award the annual contract for janitorial services for Regent Services in the amount of $145,396.44. D. Approve a purchase agreement with The Lane Corporation for the purchase of hot mix asphaltic cement. E. This item intentionally left blank. F. This item intentionally left blank. G. Approve the 2010 Comprehensive Annual Financial Report. H. This item intentionally left blank. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda April 5, 2011 Page 3of7 I. Approve a permit for Carroll ISD visual art display, sponsored by Southlake Arts Council and Southlake Public Library, in Town Hall 3rd floor training rooms during Art in the Square, April 15 -17, 2011. J. Ordinance No. 999, 1 Reading, Abandon a pedestrian and equestrian easement located along the southern boundary of Lots 10 through 17, Block 1, Fox Hollow Addition as shown on the plat dated July 5, 1996 (If approved on first reading, the public hearing will be held on April 19, 2011.). K. Ordinance No. 480 -EEEE, 1 Reading, An amendment to the City of Southlake Zoning Ordinance No. 480, as amended, as it pertains to permitted and accessory uses and sales within certain (non - residential) zoning districts. (The first reading for this ordinance was tabled to April 19, 2011 by City Council at their March 29, 2011 meeting. If approved on first reading, the public hearing will be held May 3, 2011.) 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. 480 -603 (ZA11 -002), 2 Reading, zoning change and concept plan for property being described as Tract 1B, Larkin H. Chivers Survey, Abstract No. 300, and being located at 587 East Dove Road. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #3. PUBLIC HEARING B. Ordinance No. 480 -594a (ZA11 -006), 2 Reading, zoning change and site plan to allow modifications to the existing approved site plan for the new CISD elementary school on property located at 2520 North White Chapel Boulevard, being described as Lot 1R, Stanford Place, and being approximately 17.737 acres. Current Zoning: S -P -1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #1. PUBLIC HEARING C. Ordinance No. 480 -338c (ZA11 -007), 2nd Reading, zoning change and site plan for improvements to Carroll ISD Senior High School on property City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 5, 2011 Page 4 of 7 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. PUBLIC HEARING D. Consider a variance to Lighting Ordinance No. 693 -B to permit light - emitting -diode (L.E.D.) lighting at all Carroll ISD campuses and facility locations. 7. Ordinances, first readings, and related items: A. Ordinance No. 480 -CCCC (ZA10 -068), 1 Reading, zoning text amendment for Downtown (DT) Zoning District, an amendment to ordinance No. 480, as amended, as it pertains to a new residential district (The Garden District at Southlake Town Square) within Section 37 of the "DT" Downtown District and discussion of ZA10 -069, revised concept plan for The Garden District at Southlake Town Square. (If approved on first reading, the public hearing will be held on April 19, 2011.) 8. Resolutions: A. Resolution No. 11 -018, appoint members and /or alternate members to the Zoning Board of Adjustment to fill an unexpired term and appoint a Chairman and Vice - Chairman. B. Resolution No. 11 -019, appoint members to the various Southlake 2030 Plan Element committees. 9. Other items for consideration: A. Consider MSP11 -001, Master Sign Plan for Carillon at the northeast corner of State Highway 114 and North White Chapel Boulevard and the intersection of North White Chapel Boulevard and Kirkwood Boulevard. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 5, 2011 Page 5 of 7 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, April 1, 2011 by 6:00 p.m., pursuant to the Texas Governp p, %;Chapter 551. (:, 4, •tn Alicia Richardson, TRMC • City Secretary • '••......•••' • ' *'* .... If you plan to attend this public meeting 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 April 5, 2011 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. 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. 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 April 5, 2011 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 ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork