2011-05-03 1 ' CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: MAY 3, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. CaII to order.
2. Invocation: David Whitington, Chaplain of the Month
3. Presentation by Dana Davis introducing the Southlake Chamber of Commerce
2011 Award winners.
4. 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 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 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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 3, 2011
Page2of7
3. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City
Manager.
4. 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. Election information for May 14, 2011 Municipal Election
3. Proclamation for Building Safety Month
4. Proclamation for Motorcycle Safety Awareness Month
5. Gas drilling update.
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 of the April 19, 2011 City Council meeting.
B. Consider SV11 -004, variance to the Sign Ordinance No. 704, as
amended, for North Park.
C. Consider Carillon Phase 1A park plans for Northwest Enclave Park and
Villa Park North.
D. Resolution No. 11 -023, approve an interlocal agreement establishing the
North Central Texas Major Case Investigative Team.
E. Ordinance No. 999, 2nd Reading, Abandon a pedestrian and equestrian
easement located along southern boundary of Lots 10 through 17, Block
1, Fox Hollow Addition as shown on the plat dated July 5, 1996. THIS
ITEM IS ADMINISTRATIVELY TABLED TO THE MAY 10, 2011 CITY
COUNCIL MEETING. (City Council tabled the public hearing to May
3, 2011 at their April 19, 2011 meeting.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 3,2011
Page 3 of 7
F. Ordinance No. 480 -602 (ZA09 -062), 2 Reading, Zoning Change and Site
Plan on property being described as Tract 2B, a portion of Lot 2, R.P.
Estes Subdivision, and being located at 2411 Sam School Road. Current
Zoning: "AG" Agricultural District. Requested Zoning: "S -P -1" Detailed Site
Plan District. SPIN Neighborhood #5. THIS ITEM IS
ADMINISTRATIVELY TABLED TO THE MAY 10, 2011 CITY COUNCIL
MEETING. (City Council approved the first reading at their April 19,
2011 meeting.)
G. Ordinance No. 480 -EEEE, 2nd Reading, An amendment to the Zoning
Ordinance No. 480, as amended, as it pertains to permitted and accessory
uses and sales within certain (non - residential) zoning districts. THIS ITEM
IS ADMINISTRATIVELY TABLED TO THE MAY 10, 2011 CITY
COUNCIL MEETING. (City Council approved the first reading at their
April 19, 2011 meeting.)
H. Approve a variance to the Masonry Ordinance No. 557 -A for one portable
building at Durham Intermediate School. The request is being made by the
applicant, Carroll I.S.D., for property located at 801 Shady Oaks Drive,
being described as Lot 1, Block 1, Carroll ISD No. 1 Addition and being
approximately 30.475 acres. Current Zoning: "CS" Community Service
District. SPIN Neighborhood #7. THIS ITEM IS ADMINISTRATIVELY
TABLED TO THE MAY 10, 2011 CITY COUNCIL MEETING.
I. Approve a variance to the Masonry Ordinance No. 557 -A for two portable
buildings at Johnson Elementary School. The request is being made by
the applicant, Carroll I.S.D., for property located at 1301 North Carroll
Avenue, being described as Lot 13R1, F. Throop No. 1511 Addition and
being approximately 14.753 acres. Current Zoning: "CS" Community
Service District. SPIN Neighborhood #3. THIS ITEM IS
ADMINISTRATIVELY TABLED TO THE MAY 10, 2011 CITY COUNCIL
MEETING.
J. Approve a variance to the Masonry Ordinance No. 557 -A for two portable
buildings at Old Union Elementary School. The request is being made by
the applicant, Carroll I.S.D., for property located at 1050 South Carroll
Avenue, being described as Lot 1, Block 1, Carroll ISD No. 5 Addition and
being approximately 16.081 acres. Current Zoning: "RPUD" Residential
Planned Unit Development District. SPIN Neighborhood #8. THIS ITEM
IS ADMINISTRATIVELY TABLED TO THE MAY 10, 2011 CITY
COUNCIL MEETING.
K. Ordinance No. 480 -338c (ZA11 -007), 2nd Reading, Zoning Change and
Site Plan for improvements to Carroll Independent School District Senior
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 3,2011
Page 4 of 7
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 TO MAY 17, 2011. (City Council tabled this item at their
April 5, 2011 and April 19, 2011 meetings.)
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. Resolution No. 11 -021 (ZA11 -010), Specific use permit for a mass
gathering event known as Relay for Life / Rachel's Challenge on property
being described as Lot 1, Block 1, Carroll ISD No. 1 Addition and Lot 1,
Block 1 and Lot 1, Block 2, Carroll ISD No. 2 Addition being located at 801
Shady Oaks Drive and 800 and 900 North White Chapel Boulevard.
Current Zoning: "CS" Community Service Zoning District and "NR -PUD"
Non - Residential Planned Unit Development Districts. SPIN Neighborhood
#7. PUBLIC HEARING (City Council tabled the public hearing to May
3, 2011 at their April 19, 2011 meeting.)
B. Ordinance No. 480 -CCCC (ZA10 -068), 2nd reading, Zoning text
amendment for Downtown (DT) zoning district, an amendment to the City
of Southlake Zoning 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 Zoning District. PUBLIC
HEARING (City Council tabled the public hearing to May 3, 2011 at
their April 19, 2011 meeting.)
C. ZA10 -069, Revised concept plan for The Garden District at Southlake
Town Square on property being described as a portion of Blocks 24, 25,
28 and Park Ridge Boulevard, Southlake Town Square, Brownstones at
Town Square, Phase B and Tract 2A05 and Tract 2A05E, Richard Eads
Survey, Abstract No. 481 and being located at 202 to 234 Park Ridge
Boulevard, 1651 East State Highway 114 and 351 Central Avenue.
Current Zoning: "DT" Downtown Zoning District. SPIN Neighborhood #8.
City of Southlake values:
Integrity • Innovation • Accountability • Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
May 3, 2011
Page 5 of 7
PUBLIC HEARING (City Council tabled the public hearing to May 3,
2011 at their April 19, 2011 meeting.)
D. This item intentionally left blank.
E. Consider a variance to Lighting Ordinance No. 693 -B to permit light-
emitting-diode (L.E.D.) lighting at all Carroll Independent School District
campuses and facility locations. (City Council tabled this item at their
April 19, 2011 meeting.)
F. ZA11 -019, Site Plan for Sushi Zushi on property being described as Lots 3
and 4, Block 5R, Southlake Town Square Addition Phase I, and being
located at 1420 East Southlake Boulevard and 141 Grand Avenue.
Current Zoning: "DT" Downtown Zoning District. SPIN Neighborhood #8.
PUBLIC HEARING
7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Consider SV11 -006, Variance to the Shops of Southlake Conditional Sign
Permit for Stir Crazy Fresh Asian Grill located at 1471 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, April 29, 2011 by 6:00 p.m.,
pursuant to the Texas Government Col,,,e, Chapter 551.
,,,,,.,�� , ,,,
. •`ov'CHIgK ''''''''''''''''
Alicia Richardson, TRMC ' c.. " �^
City Secretary
If you plan to attend this publiNrxAt as e 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 3, 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.
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 3, 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