2011-04-19g CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: APRIL 19, 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.
4. Proclamation for the Carroll High School Dragons Hockey Team.
5. Board and Commission member reception and new City Secretary welcome.
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(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 Carroll
Independent School District projects.
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 legal issues
related to proposed legislation.
d. Seek the advice of the city attorney regarding specific use
permits for mass gathering.
e. Seek the advice of the city attorney regarding gas drilling
and production and gas utility companies.
f. 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
April 19, 2011
Page 2 of 8
4. Consent:
g.
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 551.074: 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. Proclamation for Child Abuse Prevention Month
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.
A. Approve the minutes of the March 29, 2011 and April 5, 2011 City Council
meetings.
B. Resolution No. 11 -022, Approve an agreement with Carroll Independent
School District creating a community committee Students and Parents
Against Risks to our Kids (SPARK).
C. Approve purchase of Microsoft licenses for the installation and
configuration of software in the amount of $59,282.80 as provided by the
enterprise agreement approved on January 30, 2008.
D. This item was intentionally left blank.
City of Southlake values:
Integrity • Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 19, 2011
Page 3 of 8
E. This item was intentionally left blank.
F. Consider SV11 -005, Amendment to the Gateway Plaza conditional sign
permit for a monument sign located at 3110 E. Southlake Boulevard.
G. Resolution No. 11 -013, Approve a Local Transportation Project Advance
funding agreement with TxDOT for engineering review costs related to
Phase 2 of FM 1938 in the amount of $75,000.
H. Approve an encroachment and joint use agreement for an existing
business sign within the right of way at 2379 North Carroll Avenue.
I Resolution No. 11 -009a, Amending Resolution No. 11 -009, which called
for a General Election to be held May 14, 2011, by approving joint election
agreements and contracts for election services with Tarrant County
Elections Administrator and Denton County Elections Administrator and
providing for early voting polling locations.
J. This item was intentionally left blank.
K. 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 & Lot 1, Block 2, Carroll ISD No. 2 Addition being located at 801
Shady Oaks Drive and 800 and 900 North White Chapel Boulevard,
Southlake, Tarrant County, Texas. The Current Zoning is CS - Community
Service and NR -PUD - Non - Residential Planned Unit Development Zoning
Districts. SPIN Neighborhood #7. PUBLIC HEARING (THIS ITEM HAS
BEEN TABLED AND THE PUBLIC HEARING CONTINUED TO MAY 3,
2011.)
L. Ordinance No. 999, 2 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. PUBLIC
HEARING (THIS ITEM HAS BEEN TABLED AND THE PUBLIC
HEARING CONTINUED TO MAY 3, 2011.)
M. ZA11 -005, Plat revision for Lot 9R, Block 1, Patterson's Pond, being a
revision of Lot 9, Block 1, Patterson's Pond, an addition to the City of
Southlake, Tarrant County, Texas and being currently addressed at 2201
Patterson Way, Southlake, Texas. The current zoning is SF -20A - Single
Family Residential Zoning District. SPIN Neighborhood #10.
N. Ordinance No. 998, 2 Reading, Adopt an ordinance to abandon excess
street right of way at 1705 West Continental Boulevard and cede the
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 19, 2011
Page 4 of 8
REGULAR AGENDA:
property to the adjacent property owner. PUBLIC HEARING (THIS ITEM
HAS BEEN TABLED.)
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 -594a (ZA11 -006), 2 reading, zoning change and site
plan to allow modifications to the existing approved site plan for the new
Carroll Independent School District elementary school on property located
at 2520 North White Chapel Boulevard, being described as Lot 1R,
Stanford Place, and being approximately 17.581 acres. Current Zoning:
S -P -1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site
Plan District. SPIN Neighborhood #1. PUBLIC HEARING (City Council
tabled this item at their April 5, 2011 meeting.)
B. 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. PUBLIC HEARING (City Council tabled this item at
their April 5, 2011 meeting. Applicant has requested to table this
item to May 3, 2011.)
C. 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 5, 2011 meeting.)
D. Ordinance No. 480 -CCCC (ZA10 -068), 2 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 District. PUBLIC HEARING
City of Southlake values:
Integrity • Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
April 19, 2011
Page 5 of 8
E. 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, Southlake, Tarrant County, Texas and being
located at 202 to 234 Park Ridge Boulevard, 1651 East State Highway
114 and 351 Central Avenue, Southlake, Texas. Current Zoning: DT —
Downtown Zoning District. SPIN Neighborhood #8. PUBLIC HEARING
F Resolution No. 11 -020 (ZA11 -004), Specific use permit to allow a tent for
the purposes of promoting retail sales for Performance Bicycle on property
being described as Lot 3, Block 1, Gateway Plaza Addition an addition to
the City of Southlake and being located at 3001 E. State Highway 114,
Southlake, Tarrant County, Texas. The Current Zoning is S -P -2 -
Generalized Site Plan District. SPIN Neighborhood #8. PUBLIC
HEARING
7 Ordinances, first readings, and related items:
A. Ordinance No. 480 -EEEE, 1 Reading, 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. (If
approved at 1 Reading, the Public Hearing for this item will be held on
May 3, 2011.)
B. Ordinance No. 1000 (CP09 -003), 1 Reading, Amendment to the City's
Master Plan proposing a change in the land use designation from Low
Density Residential to Mixed Use or that the condition requiring the
property to be master - planned with other properties be removed from the
transition 2 optional land use designation, on properties described as
Tract 2B, a portion of Lot 2, R.P. Estes Subdivision, an addition to the City
of Southlake, Tarrant County, Texas and being located at 2411 Sam
School Road, Southlake, Texas. SPIN Neighborhood #5. (If approved at
1 Reading, the Public Hearing for this item will be held on May 3, 2011.)
C. Ordinance No. 480 -602 (ZA09 -062), 1 Reading, Zoning change and site
plan on property being described as Tract 2B, a portion of Lot 2, R.P.
Estes Subdivision, an addition to the City of Southlake, Tarrant County,
Texas, and being located at 2411 Sam School Road, Southlake, Texas.
The current zoning is AG — Agricultural District. The requested zoning is
S -P -1 — Detailed Site Plan District. SPIN Neighborhood #5. (If approved
at 1 Reading, the Public Hearing for this item will be held on May 3,
2011.)
8. Resolutions: (There are no items on this agenda.)
City of Southlake values:
Integrity ♦ Innovation • Accountability • Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 19, 2011
Page 6 of 8
9. Other items for discussion: (There are no items on this agenda.)
10. Meeting adjourned.
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 15, 2011 by 6:00 p.m.,
pursuant to the Texas Govern �i ort6 551.
• • / y
tte) k
•
Alicia Richardson, TRMC
* *.
''.I1 /11111\..
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 Secretary
CERTIFICATE
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 19, 2011
Page 7 of 8
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 19, 2011
Page 8 of 8
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