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Agenda 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