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Agendag 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