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2011-04-05 Regular CC Meeting 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 CITY O F SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: APRIL 5, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, Deputy Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris (present at 5:43 p.m.), Pamela A. Muller, and Al Zito. CITY COUNCIL ABSENT: Councilmember Jeff Wang STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager /Director of Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Communication and Websites Manager Pilar Schank, Director of Human Resources Stacey Black, Director of Information Technology Dale Dean, Director of Planning and Development Services Ken Baker, Planner II Clayton Comstock, Chief of Fire Services Mike Starr, Chief of Police Robert Finn, Director of Parks Chris Tribble, Deputy Director of Parks Kari Happold, Director of Public Works Robert Price, City Attorney E. Allen Taylor, and City Secretary Alicia Richardson. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:40 p.m. 2. INVOCATION Mr. Ben Weiss from Grace Community Church gave the invocation. Mayor Terrell led the pledge of allegiance. 3. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA Ms. Jane Taylor, 350 East Royal Lane, was present to answer questions from Council regarding Item 4B— encroachment and joint use agreement for Mi Cocina. No action was taken during Work Session and each item was considered during the Regular Session. Mayor Terrell proposed that Item 9A— master sign plan for Carillon be moved to the consent agenda. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011 Page 1 of 11 Planner II Clayton Comstock presented Item 9A and answered questions from Council. Councilmember Morris advised that she would like to know if the applicant is willing to provide the same facia design for the subdivision entry sign as the main monument sign. Mayor Terrell asked Councilmember Morris if she was acceptable to keeping Item 9A on the consent agenda. If applicant is not present for the consent agenda, the item will be removed and discussed during the regular agenda. Councilmember Zito asked if Item 6D— variance to Lighting Ordinance No. 693 -B could be moved to the consent agenda. Councilmember Muller advised that she would like to ask the applicant if they are willing to place amber shielding on the lights. Mayor Terrell advised Council that Item 6D would be considered with the consent agenda. If the applicant is not present for the consent agenda, the item will be removed and discussed during the regular agenda. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:51 p.m. 2A. EXECUTIVE SESSION Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with the city attorney; Section 551.074: deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:54 p.m. Executive Session began at 6:12 p.m. and concluded at 6:40 p.m. 2B. RECONVENE Mayor Terrell reconvened the regular meeting at 6:51 p.m. and asked if any action was necessary from Executive Session. No action was taken by Council. 3. REPORTS REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011 Page 2 of 11 A. Mayor's Report — Update of upcoming meetings and events Mayor Terrell announced upcoming meetings and events. Proclamation Connect with City Month Mayor Terrell recognized and proclaimed April as Connect with the City Month. Mayor Terrell presented proclamation to Communication and Websites Manager Pilar Schank. B. City Manager's Report — GFOA Distinguished Budget Presentation Award City Manager Shana Yelverton announced the City of Southlake was awarded the Government Finance Officers Association Distinguished Budget Presentation Award for Fiscal Year 2011. Ms. Yelverton thanked Director of Finance Sharen Jackson and Assistant to the City Manager Alison Orlowski for their hard work. 4. CONSENT AGENDA (Items 4A -K) Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items into the record. 4A. APPROVE THE MINUTES OF THE MARCH 22, 2011 CITY COUNCIL WORKSHOP AND COMMUNITY DISCUSSION 4B. APPROVE AN ENCROACHMENT AND JOINT USE AGREEMENT FOR MI COCINA RESTAURANT OUTDOOR DINING IN THE RIGHT OF WAY AT 1276 MAIN STREET 4C. AWARD THE ANNUAL CONTRACT FOR JANITORIAL SERVICES TO REGENT SERVICES IN THE AMOUNT OF $145,396.44 4D. APPROVE A PURCHASE AGREEMENT WITH THE LANE CORPORATION FOR THE PURCHASE OF HOT MIX ASPHALTIC CEMENT 4E. THIS ITEM INTENTIONALLY LEFT BLANK 4F. THIS ITEM INTENTIONALLY LEFT BLANK 4G. APPROVE THE 2010 COMPREHENSIVE ANNUAL FINANCIAL REPORT 4H. THIS ITEM INTENTIONALLY LEFT BLANK REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011 Page 3 of 11 41. APPROVE A PERMIT FOR CARROLL ISD VISUAL ART DISPLAY, SPONSORED BY SOUTHLAKE ARTS COUNCIL AND SOUTHLAKE PUBLIC LIBRARY, IN TOWN HALL 3 FLOOR TRAINING ROOMS DURING ART IN THE SQUARE, APRIL 15 -17, 2011 4J. 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.) 4K. 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.) 4L. APPROVE A PERMIT FOR SOUTHLAKE ARTS COUNCIL, APEX ARTS LEAGUE AND ART IN THE SQUARE TO ALLOW THE PUBLIC DISPLAY OF ART IN TOWN HALL FROM APRIL 19, 2011 THROUGH MAY 17, 2011 Mayor Terrell advised that Item 9A was moved to the consent agenda during early work session. Councilmember Morris advised that she spoke with the applicant for Item 9A and he agreed to provide the same facia design for the subdivision entry sign as the main monument sign. Mr. Jeff Kemmler, 3200 Ross Avenue, Suite 420, presented an example of the sign material. Mayor Terrell announced that City Council agreed to include Item 6D on the consent agenda, but public comment cards were received to speak on the item. Mayor Terrell advised that Item 6D would remain on the regular agenda. A motion was made to approve the consent agenda as presented. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito Nays: None Approved: 6 -0 REGULAR AGENDA: REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011 Page 4 of 11 5. PUBLIC FORUM Mayor Terrell opened the public forum. There being no one wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. 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 APPROVED Planner II Clayton Comstock presented item and answered questions from Council. Applicant William Brooks, 2205 Yeargain Court, was present and answered questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 480 -603, also known as ZA11 -002, 2nd reading, zoning change and concept plan for property at 587 East Dove Road; noting the following: applicant will provide the 20 -foot wide utility easement, as shown on the site plan and any additional width that may be needed for the access drive to accommodate ingress and egress; applicant has agreed to install an eight -foot fence on the south property line between his property and the neighbors property, subject to the concept plan review summary No. 2, dated February 24, 2011; and the gravel drive will meet the standards of the fire marshal. Motion: Hill Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito Nays: None Approved: 6 -0 Mayor Terrell announced that Council would move to Item 6C. 6C. ORDINANCE NO. 480 -338C (ZA11 -007), 2 READING, ZONING CHANGE AND SITE PLAN FOR IMPROVEMENTS TO CARROLL ISD SENIOR HIGH SCHOOL ON PROPERTY LOCATED AT 1501 WEST SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011 Page 5 of 11 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 TABLED Director of Planning and Development Services Ken Baker presented item and answered questions from Council. Carroll Independent School District (CISD) Assistant Superintendent Derek Citty, CISD Board of Trustee Erin Schoupp, John Blacker of Hart, Gaugler & Associates, and John Algon of Natex Architects made their presentation and were available to answer questions from Council. Ms. Schoupp advised Council that CISD received a number of comments from the public regarding concerns with this request. Ms. Schoupp asked Council to table this item to allow CISD sufficient time to meet with the residents. Mayor Terrell informed the public the City has received a sufficient percentage of opposition to this request, which will require a super- majority vote of the City Council. A motion was made to table Ordinance No. 480 -338c, also known as ZA11 -007, the zoning change and site plan to Carroll Independent School District Senior High School at 1501 Southlake Boulevard to the April 19, 2011 City Council meeting. In response to Mayor Terrell's question, Ms. Schoupp commented that CISD would contact residents within 24 to 48 hours to schedule a meeting to discuss their concerns. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito Approved: 6 -0 Mayor Terrell announced that City Council would move to Item 6B. 6B. 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 TABLED REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011 Page 6 of 11 Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Carroll Independent School District (CISD) Assistant Superintendent Derek Citty, CISD Board of Trustee Erin Schoupp, John Blacker of Hart, Gaugler & Associates, John Algon of Natex Architects and Shane Garthoff of Garthoff Design made their presentation and answered questions from Council. Mr. Citty provided Council with a summary of action taken since the last Council meeting. Mr. Blacker summarized changes to the site plan from the last Council meeting. Mr. Blacker advised the site plan provides for a 20' buffer. The Council and applicant discussed landscaping, which included placement and size of trees, berm, and watering for plantings. Mayor Terrell opened the public hearing. The following spoke in opposition: Ms. Gabriella Miller, 405 Orchard Hill Drive; Ms. Jessica Schlamp, 200 Stockton Drive; Ms. Tammy O'Brian, 208 Stockton Drive; and Mr. Doug Harsy, 2804 Tyler Street. The following spoke in favor: Mr. Bob Kemins, 605 W. Highland Street and Ms. Kathy Bergstrom, 66 Castlerock. There being no one else wishing to speak, Mayor Terrell closed the public hearing. Mayor Terrell asked CISD representatives if they would be willing to plant 6" caliper trees. Mayor Terrell asked if CISD would include extra trees to provide a buffer along areas that do not have trees. Mr. Citty advised Council the Board of Trustees approved larger tree plantings. Councilmember Zito left the dais at 8:50 p.m. and retuned at 8:53 p.m. Mayor Terrell informed the public the City has received a sufficient percentage of opposition to this request, which will require a super- majority vote of the City Council. Mayor Terrell announced that Council would go into executive session at 9:00 p.m. pursuant to section 551.071, consultation with city attorney. Executive Session began at 9:06 p.m. and concluded at 9:20 p.m. Mayor Terrell reconvened the regular meeting at 9:24 p.m., with the same members present. There was no action necessary as a result of Executive Session. Ms. Schoupp asked Council to table this item to provide time for CISD to meet and work with the residents. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011 Page 7 of 11 A motion was made to table 480 -594a, also known as ZA11 -006, 2nd 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 White Chapel. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito Approved: 6 -0 6C. ORDINANCE NO. 480 -338C (ZA11 -007), 2 READING, ZONING CHANGE AND SITE PLAN FOR IMPROVEMENTS TO CARROLL ISD 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 TABLED City Council considered and took action on this item earlier in the meeting. 6D. 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 TABLED Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Carroll Independent School District (CISD) Assistant Superintendent Derek Citty, CISD Board of Trustee Erin Schoupp, John Blacker of Hart, Gaugler & Associates, and John Algon of Natex Architects made their presentation and were available to answer questions from Council. Council and CISD applicants discussed color temperature and efficiency of LED lighting. Mr. Citty advised Council that CISD would attempt to procure a light sample for Council's review. Mr. Citty requested the item be tabled to the April 19, 2011 City Council meeting. Mayor Terrell announced that public comment cards were received to speak on the item. Mr. Erthel Mincey, 1412 Stone Lakes Drive, asked city staff to include a light measuring process that would be monitored by an engineering firm. He requested there be no increase in neighborhood light pollution. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011 Page 8 of 11 Mayor Terrell announced that the following citizens did not wish to speak, but asked that their opposition be recorded: Mr. Ernest H. Brashear, 1410 Stone Lakes Drive and Ms. Cheryl Brashear, 1410 Stone Lakes Drive. A motion was made to table the request for 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 to the April 19, 2011 meeting. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito Approved: 6 -0 7. ORDINANCES, FIRST READINGS AND RELATED ITEMS 7A. 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.) APPROVED Planner II Clayton Comstock presented item and answered questions from Council regarding the height of the building, open space requirements, and width of the alley between developments. Mr. Frank Bliss, 1008 Quail Run Road, presented item and answered questions from Council. Mayor Terrell announced the public hearing would be conducted on April 19, 2011, but public comment cards were received for this item. The following citizens spoke in support: Ms. Roxanne Taylor, 1505 Regency Court; Mr. Jim Mansky, 610 Lorene; Mr. Joe Kienast, 1518 Main Street; Mr. Jim Janowiak, 521 Regency Crossing and Mr. Dan Romes, 1301 Regency Court. The following citizens did not speak, but supported the item: Mr. Howard Sanders, 1000 Lakewood Drive; Ms. Joanne Janowiak, 521 Regency Crossing; Mr. Tom Matthews, 726 Exchange; and Mr. Mike Mills, 1528 Main Street. The following citizens spoke in opposition: Mr. John Teeuws, 1587 Main Street and Mr. Matt Schirle, 1512 Main Street. Ms. Olivia Bennett, 910 Aaron Way, did not wish to speak, but was in opposition to the item. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011 Page 9 of 11 Councilmember Muller left the dais at 11:35 p.m. and returned at 11:38 p.m. Mayor Terrell left the dais at 11:39 p.m. and returned at 11:50 p.m. Council discussed their concerns with Mr. Bliss. Mayor Terrell informed Mr. Bliss that all comments have not been addressed and asked that Council be provided additional information prior to the April 19, 2011 meeting. A motion was made to approve Ordinance No. 480 -CCCC, also known as ZA10 -068, 1 reading, zoning text amendment for Downtown Zoning District, as amended, as it pertains to a new residential district —The Garden District at Southlake Town Square; noting the following: discussion of ZA10 -061 revised concept plan; applicant's willingness to match the architectural look of the current brownstones; match design of material guidelines that are in place at Town Square; applicant will present parking and review options for not only ingress and egress in the underground parking, but also for on street parking; applicant has agreed to limit project to three stories and no more than three 1500 square feet units per building; applicant will present a phasing plan at the next Council meeting; applicant will provide a plan that depicts a 20' wide alley section for review; and includes staff review No. 1, dated March 30, 2011. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito Approved: 6 -0 Mayor Terrell advised the public hearing for this item would be conducted on April 19, 2011. Mayor Terrell announced that City Council would go into Executive Session at 12:32 a.m. in accordance with section 551.074, deliberation regarding personnel matters. Executive Session began at 12:35 a.m. and concluded at 12:44 a.m. Mayor Terrell reconvened the regular meeting at 12:45 a.m., with the same members present. 8. RESOLUTIONS 8A. 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 APPROVED A motion was made to appoint Mr. Laird Fairchild as Chairman; Mr. Michael Forman as Vice - Chairman; Mr. Shawn McCaskill to Place 2; and Mr. Chad Patton to Alternate 3. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011 Page 10 of 11 Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito Approved: 6 -0 8B. RESOLUTION NO. 11 -019, APPOINT MEMBERS TO THE VARIOUS SOUTHLAKE 2030 PLAN ELEMENT COMMITTEES NO ACTION Mayor Terrell advised this item was moved to the April 19, 2011 City Council meeting. 9. OTHER ITEMS FOR CONSIDERATION 9A. 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 APPROVED Council considered and approved this item with the consent agenda. 10. OTHER ITEMS FOR CONSIDERATION 11. MEETING ADJOURNED Mayor Terrell adjourned the meeting at 12:46 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. ( ;Lqj i 0 John Terre Mayor ATTEST: \ \ \ \N1\1 1111,,,, A04> LLAJ(,LA§:e° Alicia Richardson =_ i City Secretary e ' ��111 *'* * \ \ \,,,,, REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011 Page 11 of 11