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2012-10-02 Regular CC MeetingCITY OF SOUTHLAI<,,,E TEXAS REGULAR CITY COUNCIL MEETING: October 2, 2012 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order. 2. Invocation: Clayton Reed 3. Local Business Report 4. Presentation of the Scenic City Certification Award 5. Presentation of Community Recreation Center senior center space allocation 6. 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 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 Section 551.071: Consultation with attorney a. Seek the advice of the city attorney concerning city boundary adjustment with the Town of Westlake. b. Seek the advice of the city attorney concerning right of the public to access sidewalks, streets, drives and open space within residential developments. c. Seek the advice of the city attorney regarding legal issues relating to Master Thoroughfare Plan amendments. 2. Section 551.072: Deliberation regarding real property a. Discuss contract for sale for right of way and easements from property at 1470 N. Kimball Avenue. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 2, 2012 Page 2 of 7 3. Section 551.074: Deliberation regarding personnel a. Deliberate the appointment, employment, evaluation, reassignment duties, discipline, or dismissal of the City Manager, City Secretary, City Attorney and Municipal Judge. b. Deliberate the appointments of city board and commission members. 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. Steve Riach, Eterne Films — One Heart B. City Manager's Report 1. Senior Advisory Commission written 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 minutes from the September 18, 2012 City Council meeting and September 25, 2012 Special City Council meeting. B. Approve purchase of replacement vehicles and equipment from Caldwell Country Chevrolet in the Amount of $482,400. C. Approve purchase of installation services of police equipment for replacement police vehicles from Professional Safety Systems in the amount of $25,080. D. Approve purchase of replacement vehicles from Philpott Motors in the amount of $189,951. E. Approve purchase of replacement vehicle from Houston Freightliner in the amount of $74,589. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 2, 2012 Page 3 of 7 F. Approve purchase of asphalt truck body equipment from Conley Lott Nichols in the amount of $76,934. G. Approve a professional services agreement with Dean Construction as construction manager at risk for the Bicentennial Park Improvements. H. ZAl2 -039, Preliminary Plat for the South Village at Watermere on property described Lot 4R3, Block 1, Watermere at Southlake Addition and Tracts 4C, 4D and 6A02, J.G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas; and located at 451 Watermere Drive and 2261, 2271 & 2451 Union Church Drive, Southlake, Texas. Current Zoning: "TZD" Transition Zoning District. SPIN #11. ZAl2 -077, Revised Preliminary Plat for the Carillon Chateaux District on property described as Tracts 3 and 4A1, A. Chivers Survey, Abstract No. 299 and Tract 2, L. Chivers Survey, Abstract No. 300, City of Southlake, Tarrant County, Texas, located north of East State Highway 114 between East Kirkwood Boulevard and North Carroll Avenue and south of Estes Park subdivision at 1500, 1600 and 1800 N. Carroll Avenue, Southlake, Texas. Current Zoning: ECZ — Employment Center Zoning District. SPIN #3. J. SV12 -012, Sign Variance to Ordinance 704, as amended, for Starbucks located at 125 Davis Boulevard, Southlake, Texas. K. SV12 -020, Sign Variance to Ordinance 704 -E for Watermere at Southlake located at 2807 West Southlake Boulevard. L. Approve a Memorandum of Understanding (MOU) for the planning, design, and construction of a turnaround bridge (East side only) at State Highway 114 and Carroll Avenue between Gateway Church, Cooper and Stebbins, Tarrant County, and the City of Southlake each committing $250,000 toward the project. M. Resolution No. 12 -038, appointing the Director of Public Works or his designee as the official voting representative to the City of Fort Worth Wholesale Customer Advisory Committee and the Trinity River Authority Central and Denton Creek Wholesale Customer Advisory Committees. N. Approve joint contract renewal with First Vehicle Services for fire vehicles and apparatus preventative maintenance and repair services for City of Southlake and City of Keller. O. Approve renewal of a community services agreement with APEX Arts League. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 2, 2012 Page 4 of 7 P. Approve renewal of a community services agreement with Arts Council Northeast. Q. Approve renewal of a community services agreement with Southlake Sister Cities. R. Approve renewal of a community services agreement with Southlake Historical Society. S. ZAl2 -070, Revised Site Plan for The Hills Church on property described as Lot 1 R1, Brock Addition, City of Southlake, Tarrant County, Texas; and located at 2417 and 2501 West Southlake Boulevard, Southlake, Texas. Current Zoning: "CS" Community Service District. SPIN #11. The Planning and Zoning Commission tabled this item on September 20, 2012 to their October 4, 2012 meeting. If approved by the Planning and Zoning Commission, the Council will consider this item at their October 16, 2012 meeting. 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. 12 -045 (ZAl2 -079), Specific Use Permit to allow outdoor sales or services at Shops of Southlake on property described as Lots 1, 3 and 5, Block 1, Shops of Southlake, City of Southlake, Tarrant County, Texas; and located at 1201, 1251, 1275, 1425, 1431, 1435, 1445, 1451 and 1465 East Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P -2" Generalized Site Plan District. SPIN #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: City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 2, 2012 Page 5 of 7 A. SV12 -018, Sign Variance to Ordinance 704, as amended, for Daddy Jack's Lobster & Chowder House located at 355 North Carroll Avenue, Southlake Town Square, Southlake, Texas. B. SV12 -019, Sign Variance to Ordinance 704, as amended, for Patrizio Osteria located at 1281 East State Highway 114, Southlake, Texas. C. Variance to the Tree Preservation Ordinance No. 585, as amended for Watermere Medical Plaza on property described as Lot 1, Block 1, Slayton Addition and Lot 1, Block 2, Watermere at Southlake Addition, Southlake, Texas. Current Zoning: 0-1 - Office District. SPIN #11. 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, September 28, 2012 by 6:00 p.m., pursuant to the Texas Governmer1t „bode, Chapter 551. • • 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 October 2, 2012 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. City of Southlake v. Jeff Massey, et al; Cause No. 2011 - 003365 -3; eminent domain action regarding property located at 1200 North Kimball, Southlake, Texas. 6. Legal issues related to property located at 3100, 3110, and 3112 East Southlake Boulevard. 7. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011 - 006149 -3; eminent domain action regarding property located at 1470 N. Kimball Avenue, Southlake, Texas. 8. Metro -Plex Underground, LP v. Ed Bell Construction and ARCH Insurance Company; Cause No. 048 - 258408 -12 9. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of Southlake; Cause No. 09- 15791. 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 2, 2012 Page 7 of 7 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. 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 g, CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: October 2, 2012 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe, Deputy Mayor Pro Tem Pamela Muller and Councilmembers Carolyn Morris, Martin Schelling, Jeff Wang, and Al Zito. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager /Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to City Manager Alison Ortowski, Communication and Website Manager Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Kari Happold, Deputy Director of Community Services /Librarian Kerry McGeath, Assistant to the Director Candice Edmondson, Marketing and Tourism Manager Jill Lind, Director of Finance Sharen Jackson, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Police Chief Steve Mylett, Director of Public Works Bob Price, Operations Manager Chuck Kendrick, 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 5:31 p.m. 2. INVOCATION Clayton Reed gave the invocation. Mayor Terrell led the pledge of allegiance. 3. LOCAL BUSINESS REPORT Marketing and Tourism Manager Jill Lind introduced Ped Razazi with Beverly Hills Fine Rugs and Design. Mr. Razazi provided a description of the services provided, hours of operation and location of business. REGULAR CITY COUNCIL MEETING MINUTES, October 2, 2012 Page 1 of 9 4. PRESENTATION OF THE SCENIC CITY CERTIFICATION AWARD Scenic Texas representative Ms. DeMoss advised Council the City of Southlake was awarded the Scenic City Certification by the Scenic City Certification Program of Texas. The City is one of nine Texas municipalities awarded the Certification. The mission of the Scenic City Certification Program is to support and recognize Texas municipalities that implement high - quality scenic standards for public roadways and public spaces, with the Tong -term goal of improving the image of all cities. Ms. DeMoss presented the award to City Council. 5. PRESENTATION OF COMMUNITY RECREATION CENTER SENIOR SPACE ALLOCATION. Director of Community Services Chris Tribble provided Council with a detailed overview of the proposed renderings for the community center and senior center space allocation to be located within the new facility. 6. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. Mayor Terrell read the consent agenda items. Deputy Mayor Pro Tem Muller removed item 4H from the consent agenda. At the request of Council, staff presented and responded to questions related to items 4J and 4L. Council member Morris removed items 40, 4P and 4Q from the consent agenda. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:46 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 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:07 p.m. Executive Session began at 7:02 p.m. and concluded at 8:02 p.m. REGULAR CITY COUNCIL MEETING MINUTES, October 2, 2012 Page 2 of 9 2B. RECONVENE Mayor Terrell reconvened the regular meeting at 8:19 p.m. Council members Morris and Zito not present when meeting was reconvened. Mayor Terrell asked if any action was necessary from Executive Session. There was no action necessary as the result of Executive Session. Mayor Terrell moved to Item 4 — consent agenda. 4. CONSENT AGENDA (Items 4A -S) 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 MINUTES FROM THE SEPTEMBER 18, 2012 CITY COUNCIL MEETING AND SEPTEMBER 25, 2012 SPECIAL CITY COUNCIL MEETING. 4B. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT FROM CALDWELL COUNTRY CHEVROLET IN THE AMOUNT OF $482,400. 4C. APPROVE PURCHASE OF INSTALLATION SERVICES OF POLICE EQUIPMENT FOR REPLACEMENT POLICE VEHICLES FROM PROFESSIONAL SAFETY SYSTEMS IN THE AMOUNT OF $25,080. 4D. APPROVE PURCHASE OF REPLACEMENT VEHICLES FROM PHILPOTT MOTORS IN THE AMOUNT OF $189,951. 4E. APPROVE PURCHASE OF REPLACEMENT VEHICLE FROM HOUSTON FREIGHTLINER IN THE AMOUNT OF $74,589. 4F. APPROVE PURCHASE OF ASPHALT TRUCK BODY EQUIPMENT FROM CONLEY LOTT NICHOLS IN THE AMOUNT OF $76,934. 4G. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH DEAN CONSTRUCTION AS CONSTRUCTION MANAGER AT RISK FOR THE BICENTENNIAL PARK IMPROVEMENTS. 4H. REMOVED FROM CONSENT AGENDA. 41. ZAl2 -077, REVISED PRELIMINARY PLAT FOR THE CARILLON CHATEAUX DISTRICT ON PROPERTY DESCRIBED AS TRACTS 3 AND 4A1, A. CHIVERS SURVEY, ABSTRACT NO. 299 AND TRACT 2, L. CHIVERS SURVEY, ABSTRACT NO. 300, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED NORTH OF EAST STATE HIGHWAY 114 BETWEEN EAST KIRKWOOD BOULEVARD AND NORTH CARROLL AVENUE AND SOUTH OF ESTES PARK SUBDIVISION AT 1500, 1600 AND 1800 N. REGULAR CITY COUNCIL MEETING MINUTES, October 2, 2012 Page 3 of 9 CARROLL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: ECZ — EMPLOYMENT CENTER ZONING DISTRICT. SPIN #3. 4J. SV12 -012, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR STARBUCKS LOCATED AT 125 DAVIS BOULEVARD, SOUTHLAKE, TEXAS. Planner I Lorrie Fletcher presented item to Council during work session. 4K. SV12 -020, SIGN VARIANCE TO ORDINANCE 704 -E FOR WATERMERE AT SOUTHLAKE LOCATED AT 2807 WEST SOUTHLAKE BOULEVARD. 4L. APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) FOR THE PLANNING, DESIGN, AND CONSTRUCTION OF A TURNAROUND BRIDGE (EAST SIDE ONLY) AT STATE HIGHWAY 114 AND CARROLL AVENUE BETWEEN GATEWAY CHURCH, COOPER AND STEBBINS, TARRANT COUNTY, AND THE CITY OF SOUTHLAKE EACH COMMITTING $250,000 TOWARD THE PROJECT. Director of Public Works Bob Price responded to questions from Council. 4M. RESOLUTION NO. 12 -038, APPOINTING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE AS THE OFFICIAL VOTING REPRESENTATIVE TO THE CITY OF FORT WORTH WHOLESALE CUSTOMER ADVISORY COMMITTEE AND THE TRINITY RIVER AUTHORITY CENTRAL AND DENTON CREEK WHOLESALE CUSTOMER ADVISORY COMMITTEES. 4N. APPROVE JOINT CONTRACT RENEWAL WITH FIRST VEHICLE SERVICES FOR FIRE VEHICLES AND APPARATUS PREVENTATIVE MAINTENANCE AND REPAIR SERVICES FOR CITY OF SOUTHLAKE AND CITY OF KELLER. 40. APPROVE RENEWAL OF A COMMUNITY SERVICES AGREEMENT WITH APEX ARTS LEAGUE. 4P. APPROVE RENEWAL OF A COMMUNITY SERVICES AGREEMENT WITH ARTS COUNCIL NORTHEAST. 40. APPROVE RENEWAL OF A COMMUNITY SERVICES AGREEMENT WITH SOUTHLAKE SISTER CITIES. 4R. APPROVE RENEWAL OF A COMMUNITY SERVICES AGREEMENT WITH SOUTHLAKE HISTORICAL SOCIETY. 4S. ZAl2 -070, REVISED SITE PLAN FOR THE HILLS CHURCH ON PROPERTY DESCRIBED AS LOT 1R1, BROCK ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 2417 AND 2501 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "CS" COMMUNITY SERVICE DISTRICT. SPIN #11. THE PLANNING AND REGULAR CITY COUNCIL MEETING MINUTES, October 2, 2012 Page 4 of 9 ZONING COMMISSION TABLED THIS ITEM ON SEPTEMBER 20, 2012 TO THEIR OCTOBER 4, 2012 MEETING. IF APPROVED BY THE PLANNING AND ZONING COMMISSION, THE COUNCIL WILL CONSIDER THIS ITEM AT THEIR OCTOBER 16, 2012 MEETING. Mayor Terrell informed Council the applicant withdrew request for item 4S —ZAl2 -070. Council member Morris returned to the meeting at 8:20 p.m. Mayor Terrell asked Council member Morris if she received clarification regarding items 40, 4P and 4Q. Council member Morris clarified that items 40, 4P, and 4Q could remain on the consent agenda. A motion was made to approve the consent agenda as read. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang Approved: 6 -0 (Council member Zito not present during vote) Council member Zito returned to meeting at 8:22 p.m. 4H. ZAl2 -039, PRELIMINARY PLAT FOR THE SOUTH VILLAGE AT WATERMERE ON PROPERTY DESCRIBED LOT 4R3, BLOCK 1, WATERMERE AT SOUTHLAKE ADDITION AND TRACTS 4C, 4D AND 6A02, J.G. ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 451 WATERMERE DRIVE AND 2261, 2271 & 2451 UNION CHURCH DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: "TZD" TRANSITION ZONING DISTRICT. SPIN #11. APPROVED A motion was made to approve item 4H, ZAl2 -039. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Schelling, Terrell, Wang Nays: Muller, Zito Approved: 5 -2 3. REPORTS A. Mayor's Report – STEVE RIACH, ETERNE FILMS – ONE HEART REGULAR CITY COUNCIL MEETING MINUTES, October 2, 2012 Page 5 of 9 Mr. Riach presented a video clip that summarized the One Heart project taking place in Southlake and the surrounding areas. City Manager's Report — SENIOR ADVISORY COMMISSION WRITTEN REPORT City Manager Shana Yelverton informed Council a written report was included in their packet. REGULAR AGENDA: 5. PUBLIC FORUM Mayor Terrell opened the public forum and asked for anyone wishing to speak to come forward. There being no one else wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. RESOLUTION NO. 12 -045 (ZAl2 -079), SPECIFIC USE PERMIT TO ALLOW OUTDOOR SALES OR SERVICES AT SHOPS OF SOUTHLAKE ON PROPERTY DESCRIBED AS LOTS 1, 3 AND 5, BLOCK 1, SHOPS OF SOUTHLAKE, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 1201, 1251, 1275, 1425, 1431, 1435, 1445, 1451 AND 1465 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. SPIN #8. PUBLIC HEARING APPROVED Planner I Lorrie Fletcher presented item and was available to answer questions from Council. Ms. Fletcher's presentation included: future land use map; current zoning; aerial view; and event site plan. The Planning and Zoning Commission, at their September 20, 2012 meeting, approved the request subject to: applicant's agreement to keep the parking lot clear; flexibility to add tenants with city staff review; maintain pedestrian access in accordance with city ordinance; approve three -year period; and subject to staff report dated September 14, 2012. Applicant representative Katherine Ratliff presented request and was available to answer questions. A motion was made to approve Resolution No. 12 -045, a specific use permit to allow outdoor sales or services at the Shops of Southlake; pursuant to staff report dated September 26, 2012; clarifying the specific use permit is for a period of three years and permitted only for the tenants of the Shops of Southlake. REGULAR CITY COUNCIL MEETING MINUTES, October 2, 2012 Page 6 of 9 Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 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: 9A. SV12 -018, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR DADDY JACK'S LOBSTER & CHOWDER HOUSE LOCATED AT 355 NORTH CARROLL AVENUE, SOUTHLAKE TOWN SQUARE, SOUTHLAKE, TEXAS. APPROVED Planner I Lorrie Fletcher presented item and was available to answer questions from Council. Ms. Fletcher's presentation included the aerial view; site plan; and proposed sign. Applicant representatives Dan Holzschuh of Landmark Sign Company and Clay Sexauer of Daddy Jack's Lobster & Chowder House were present to answer questions from Council. A motion was made to approve SV12 -018, approving sign variance for Daddy Jack's Lobster & Chowder House; specifically approving the maximum sign area of 59 square feet versus regulation of 39 square feet; applicant will work with staff to locate the address of 355 in the second column from the north elevation of the building in a gold complementary to the sign approved this evening. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 9B. SV12 -019, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR PATRIZIO OSTERIA LOCATED AT 1281 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS. APPROVED Planner I Lorrie Fletcher presented item and was available to answer questions from Council. Applicant representative Dan Holzschuh of Landmark Sign Company was available to answer questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, October 2, 2012 Page 7 of 9 A motion was made to approve SV12 -019, sign variance to Ordinance No. 704, as amended, for Patrizio Osteria; specifically approving the proposed letter height for "P" at 72- inches versus the current regulation of 24- inches. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 9C. VARIANCE TO THE TREE PRESERVATION ORDINANCE NO. 585, AS AMENDED FOR WATERMERE MEDICAL PLAZA ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, SLAYTON ADDITION AND LOT 1, BLOCK 2, WATERMERE AT SOUTHLAKE ADDITION, SOUTHLAKE, TEXAS. CURRENT ZONING: 0-1 - OFFICE DISTRICT. SPIN #11. APPROVED Director of Planning and Development Services Ken Baker and was available to answer questions from Council. Mr. Baker's presentation included: approved site plan; original tree conservation plan; proposed tree conservation plan; original landscape plan; and proposed landscape plan. The Planning and Zoning Commission, at their September 20, 2012 meeting, approved request noting the applicant's agreement to add 12 trees which will be at least four -inch caliper and subject to staff report dated September 14, 2012. Applicant representative Mike Lease of Structure Interiors presented request and responded to questions from Council. A motion was made to approve the variance to the Tree Preservation Ordinance No. 585, as amended for Watermere Medical Plaza; including the variance to preserve approximately 33% of the tree cover; accepting the Planning and Zoning Commission's recommendation for twelve additional canopy trees at four -inch minimum caliper size and that all canopy trees in the tree mitigation will be a minimum of four -inch caliper size. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 9:26 p.m. REGULAR CITY COUNCIL MEETING MINUTES, October 2, 2012 Page 8 of 9 *An audio recording of this meeting will be permanently retained in the City Secretary's Office. L 1— John _-re f e l B Jw 01%) T3 L e i) 60 E Mayor P 2.o - rem ATTEST: ,,,,,,,,, •cn Alicia Richardson ; City Secretary REGULAR CITY COUNCIL MEETING MINUTES, October 2, 2012 Page 9 of 9