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2010-04-20 CITY O F SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: APRIL 20, 2010 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers CITY COUNCIL PRESENT: Mayor Pro Tem Virginia M. Muzyka, Deputy Mayor Pro Tem Laura K. Hill and Councilmembers Brandon Bledsoe, Gregory Jones, Carolyn Morris, and Pamela A. Muller. CITY COUNCIL ABSENT: Mayor John Terrell. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Assistant to the Director Candice Sanders, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Interim Director of Human Resources Stacey Black, Director of Information Technology Dale Dean, Information Technology Technician Vicky Roche, Director of Planning and Development Services Ken Baker, Planner II Clayton Comstock, Planner I Daniel Cortez, Chief of Fire Services Mike Starr, Chief of Police Services Robert Finn, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Operations Manager Chuck Kendrick, Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Pro Tem Muzyka at 5:34 p.m. Agenda Item No. 2. Invocation. Scott Berry from First Baptist Church of Southlake gave the invocation. Mayor Pro Tem Muzyka led the pledge of allegiance. City Manager Yelverton announced they would like to present item 4J next. Agenda Item No. 4J. Approve the 2009 Comprehensive Annual Financial Report (CAFR). Shawn Parker with the City's auditing firm, Weaver and Tidwell, presented this item. Agenda Item No. 3. Southlake 2030 Plan Parks, Recreation and Open Space Master Plan Kickoff presentation. This item was not presented at this meeting. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2010 Page 1 of 14 Agenda Item No. 4. Proposed Park Land Dedication Policy. Director Baker presented this item to Council and answered Council's questions. Agenda Item No. 5. Senior Advisory Commission Report. Director Tribble introduced the new Senior Center Coordinator, Liz Garvin. David Baltimore updated Council on upcoming meetings and events of the Senior Advisory Commission. Agenda Item No. 6. Southlake Sister Cities Report. Assistant to the Director Sanders presented this item and answered Council's questions. Mayor Pro Tem Muzyka also answered Council's questions on this item. Agenda Item No. 7. Discuss all items on tonight's meeting agenda. Council reviewed the consent agenda items. City Manager Yelverton announced they would like to present items 6B and 6C next. Agenda Item No. 6B. Ordinance No. 972, Authorizing the issuance of Tax and Sewer Revenue Certificates of Obligation, Series 2010. Jim Sabonis with First Southwest presented this item simultaneously with Item 6C. Agenda Item No. 6C. Ordinance No. 973, Authorizing the issuance of General Obligation Refunding Bonds, Series 2010. Jim Sabonis with First Southwest presented this item simultaneously with Item 6B. Council addressed Items 6B and 6C. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to order by Mayor Pro Tem Muzyka at 6:28 p.m. Agenda Item No. 2A. Executive Session. Mayor Pro Tem Muzyka announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:28 p.m. Executive Session began at 6:49 p.m. and ended at 7:40 p.m. Agenda Item No. 2B. Reconvene. Mayor Pro Tem Muzyka reconvened the regular meeting at 7:55 p.m. and asked if any action was necessary from Executive Session. No action was necessary. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2010 Page 2 of 14 Agenda Item No. 3A1. Mayor's Report Update of upcoming meetings and events. Mayor Pro Tem Muzyka announced upcoming meetings and events. Deputy Mayor Pro Tem Hill presented information on the upcoming SPARK meeting on April 27, 2010. Agenda Item No. 3A2. Mayor's Report Proclamation for Child Abuse Prevention Month. Mayor Pro Tem Muzyka presented the proclamation to Nancy Hagan with Alliance for Children, who thanked the City for the recognition. Agenda Item No. 3B1. City Manager's Report Safety Town Ground Breaking. City Manager Yelverton presented this item and also announced upcoming meetings and events. Agenda Item No. 3B2. City Manager's Report Voter Information. City Secretary Payne presented information on voting for the May 8 General Election. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the consent agenda items. Agenda Item No. 4A. Approve minutes from the April 6, 2010 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. ZA10 -016, Plat Showing for Lots 3 and 4, B.J. Foster No. 519 Addition on property currently described as Tracts 1D and 1D03, Ben J. Foster Survey, Abstract No. 519, being located at 555 Randol Mill Avenue. Current Zoning: R -PUD Residential Planned Unit Development Zoning District. SPIN Neighborhood #6. Council discussed this request during the work session. Agenda Item No. 4C. ZA10 -018, Plat Revision for Lots 1R and Lot 3, Greenway Carroll Addition being a re -plat of property currently described as Lot 1, Greenway Carroll Addition, being located at 1201 East State Highway 114. Current Zoning: C3 General Commercial Zoning District. SPIN Neighborhood #8. A presentation was not made on this item. Agenda Item No. 4D. ZA10 -020, Plat Revision for Lots 1R 4R, Block 1, La Mirada being a re -plat of property currently described as Lots 1 5, Block 1, La Mirada Addition, being located at 1121, 1131, 1141, 1151 and 1161 La Mirada. Current Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood #5. Council discussed this request during the work session. Agenda Item No. 4E. Consider SV10 -005, Variance to Sign Ordinance No. 704, as amended, for Bethel Methodist Church located at 190 South White Chapel Boulevard. Council discussed this item during the work session. Agenda Item No. 4F. This item was intentionally left blank. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2010 Page 3 of 14 Agenda Item No. 4G. Approve street sweeping contract for Town Square public streets and parking garages with Mid Cities Sweepers Plus, Inc. in the amount of $64,488.84. A presentation was not made on this item. Agenda Item No. 4H. Approve right -of -way acquisition at the southwest corner of Dove Road and North White Chapel Boulevard for the construction of roundabout intersection improvements with Dove 114 Infinity LLC in the amount of $138,860.57. Director Price answered Council's questions during the work session. Agenda Item No. 41. Consider termination of the contract with Municipal Construction, Inc. for Highland Street Paving and Water System Improvements. A presentation was not made on this item. Agenda Item No 4J. Approve the 2009 Comprehensive Annual Financial Report (CAFR). This item was discussed during the work session. Agenda Item No. 4K. Resolution No. 10 -013 (ZA09 -066), Specific Use Permit for Carports for non residential property for Construction Management Advisors on property being described as Lot 4R7R1, Green Meadow Subdivision, and being located at 2250 East Continental Boulevard. Current Zoning: 11 Light Industrial District. SPIN Neighborhood #8. The applicant has requested to table this item to the May 4, 2010 City Council meeting. Agenda Item No. 4L. Ordinance No. 480 -591 (ZA09 -069), 1 Reading, Zoning Change and Site Plan for the City of Southlake Department of Public Safety North Training Facility on property being described as Tract 1 F2 and a portion of Tract 1 F, Joel W. Chivers Survey, Abstract No. 350 and being located at 160 East Dove Road and 2395 North White Chapel Boulevard. Current Zoning: SF -1A Single Family Residential District. Requested Zoning: S -P -1 Detailed Site Plan District with CS Community Service District uses to include an indoor firing range as a permitted accessory use. SPIN Neighborhood #2. The applicant has requested to table this item to the May 18, 2010 City Council meeting. Agenda Item No. 4M. Ordinance No. 480 -592 (ZA10 -011), 1 Reading, Zoning Change and Site Plan for the City of Southlake North Park on property being described as a portion of Tract 1F, Joel W. Chivers Survey, Abstract No. 350, and being located at 160 East Dove Road. Current Zoning: SF -1A Single Family Residential District. Proposed Zoning: CS Community Service District. SPIN Neighborhood #2. The applicant has requested to table this item to the May 18, 2010 City Council meeting. Motion was made to approve the consent agenda items 4A; 4B subject to Plat Review Summary No. 2 dated March 25, 2010; 4C subject to Plat Review Summary No. 2 dated April 1, 2010; 4D subject to Plat Review Summary No. 1 dated March 25, 2010; 4E; 4G; 4H; 41 to terminate the contract; 4J; 4K to table to the May 4, 2010 City Council meeting; 4L to table to the May 18, 2010 City Council meeting; and 4M to table to the May 18, 2010 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2010 Page 4 of 14 Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka Nays: None Approved: 6 -0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Pro Tem Muzyka opened the public forum. Camden Cousins and Peyton Belknap asked Council to consider a skate park for Southlake. Mayor Pro Tem Muzyka closed the public forum. Agenda Item No. 6A. Ordinance No. 967, 2 Reading, Southlake 2030 Wayfinding Sign System Plan. Planner Comstock presented this item and answered Council's questions. City Manager Yelverton and Director Price also answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE WAYFINDING SIGN SYSTEM PLAN COMPONENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 967, 2 reading, Southlake 2030 Wayfinding Sign System Plan as presented. Motion: Hill Second: Muller Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka Nays: None Approved: 6 -0 Agenda Item No. 6B. Ordinance No. 972, Authorizing the issuance of Tax and Sewer Revenue Certificates of Obligation, Series 2010. This item was presented during the work session, but City Manager Yelverton also addressed this item during the regular session simultaneously with Item 6C. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2010 Page 5 of 14 REVENUE CERTIFICATES OF OBLIGATION, SERIES 2010" SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS AND SEWER SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 972, authorizing the issuance of the General Obligation Refunding Bonds, Series 2010. Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka Nays: None Approved: 6 -0 Agenda Item No. 6C. Ordinance No. 973, Authorizing the issuance of General Obligation Refunding Bonds, Series 2010. This item was presented during the work session, but City Manager Yelverton also addressed this item during the regular session simultaneously with Item 6B. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE, TEXAS, GENERAL OBLIGATION REFUNDING BINDS, SERIES 2010 SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT, AND A PURCHASE AGREEMENT; PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 973, authorizing the issuance of General Obligation Refunding Bonds, Series 2010. Motion: Hill REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2010 Page 6 of 14 Second: Morris Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka Nays: None Approved: 6 -0 Agenda Item No. 6D. Ordinance No. 480 -500a (ZA10 -008), 2 Reading, Zoning Change and Site Plan for Miron Grove Office Park on property being described as Block 1, Lot 4R1, Miron Subdivision and being located at 300 Miron Drive. Current Zoning: S- P-2 Generalized Site Plan District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #8. Planner Comstock presented this item to Council. Applicants Tina Larsen from Corgan and Associates and Mark Hood from Spine Team Texas answered Council's questions. Director Baker answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 4R, BLOCK 1, MIRON SUBDIVISION, AND BEING APPROXIMATELY 4.82 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480 -500a (ZA10 -008), 2 reading, Zoning Change and Site Plan for Miron Grove Office Park on Block 1, Lot 4R1, Miron Subdivision noting the applicant's willingness to add one additional tree in front of the south screening wall and noting the applicant's willingness to contact the Southlake Landscape Administrator prior to selecting a site for the tree. Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka Nays: None Approved: 6 -0 REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2010 Page 7 of 14 Agenda Item No. 6E. Ordinance No. 480 -593 (ZA09 -075), 2 Reading, Zoning Change and Development Plan for Shady Oaks subdivision on property being described as Tract 11D and portions of Tracts 11 and 11D1, Thomas M. Hood Survey, Abstract No. 706, and a portion of Lot CA2 and Lots CA3, CA4, CA5, CA6, CA7, CA8, CA9, CA10, CA11, CAl2, and CA 13, Shady Oaks Phase 1A, and being located at 800, 820 and 1020 Shady Oaks Drive and 600, 601, 620, 640, 700, 701, 750, 800, 801, 850, 900, 901 Sherwood Drive, and being approximately 35.662 acres. Current Zoning: SF -20A Single Family Residential District. Requested Zoning: RPUD Residential Planned Unit Development District. SPIN Neighborhood #6. Planner Comstock presented this item to Council simultaneously with item 6F and answered Council's questions. City Attorney Taylor also answered Council's questions regarding the property rights issues with the large tree. Applicant Paul Spain, 2200 Estes Park Drive, Southlake, Texas answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACT 11D AND PORTIONS OF TRACTS 11 AND 11D1, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, SOUTHLAKE, TARRANT COUNTY, TEXAS, AND A PORTION OF LOT CA2 AND LOTS CA3, CA4, CA5, CA6, CA7, CA8, CA9, CA10, CA11, CAl2, AND CA 13, SHADY OAKS PHASE 1A, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Council discussed this request. Motion was made to approve Ordinance No. 480 -593 (ZA09 -075), 2 reading, Zoning Change and Development Plan for Shady Oaks subdivision noting the applicant's willingness to preserve the tree between Tots 21 and 22 and their willingness to put a permanent fence around the tree with some type of signage to further protect the tree from being taken down in the future. Motion: Hill REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2010 Page 8 of 14 Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muzyka Nays: Muller Approved: 5 -1 Agenda Item No. 6F. ZA09 -076, Preliminary Plat for Shady Oaks on property being described as Tract 11D and portions of Tracts 11 and 11D1, Thomas M. Hood Survey, Abstract No. 706, and a portion of Lot CA2 and Lots CA3, CA4, CA5, CA6, CA7, CA8, CA9, CA10, CA11, CAl2, and CA13, Shady Oaks Phase 1A and being located at 800, 820 and 1020 Shady Oaks Drive and 600, 601, 620, 640, 700, 701, 750, 800, 801, 850, 900, and 901 Sherwood Drive and being approximately 35.662 acres. Current Zoning: SF -20A Single Family Residential District. Proposed Zoning: R -PUD Residential Planned Unit Development District. SPIN Neiqhborhood #6. Planner Comstock presented this item to Council simultaneously with item 6E and answered Council's questions. Applicant Paul Spain, 2200 Estes Park Drive, Southlake, Texas answered Council's questions. Motion was made to approve ZA09 -076, Preliminary Plat for Shady Oaks subject to Plat Review Summary No. 3, dated April 9, 2010. Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka Nays: None Approved: 6 -0 Agenda Item No. 6G. Ordinance No. 480 -594 (ZA10 -001), 2 Reading, Zoning Change and Site Plan for a new Carroll ISD elementary school on property being described as Lots 1 and 2, Stanford Place Addition and being located at 2520 and 2530 North White Chapel Boulevard. Current Zoning: SF -1A Single Family Residential District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #1. Director Baker presented this item to Council. Applicants Derek Citty, John Blacker, John Haugen, Shane Garthoff and Tom Grant introduced themselves to Council. Mr. Blacker and Mr. Garthoff gave a presentation and answered Council's questions. Dr. Citty and Mr. Grant answered questions about the gate. Council discussed this item with the applicants. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS LOTS 1 AND 2, STANFORD PLACE ADDITION, AND ADDITION TO THE CITY OF SOUTHLAKE, REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2010 Page 9 of 14 TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 17.737 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Muzyka opened the public hearing. Corey Sanford, 200 Stockton Drive, Southlake, Texas spoke in opposition to this item. Dough Harsy, 2804 Tyler Street, Southlake, Texas spoke in opposition to this item. Gabriella and Ward Miller, 405 Orchard Hill Drive, Southlake, Texas spoke in opposition to this item. Mayor Pro Tem Muzyka read the names of those that did not wish to speak but wanted to record their positions. Cheree Holden, 301 Stockton Drive, Southlake, Texas and Tammy O'Brian, 208 Stockton Drive, Southlake, Texas were opposed to this item. Robert Hadley, 2573 North White Chapel Boulevard, Southlake, Texas was in support of this item. Grant Ireland, 407 Marshall, Southlake, Texas spoke about the pedestrian walkway. Bill Vaughan, 401 Marshall Road, Southlake, Texas discussed the fencing. Corey Sanford discussed the access path. Mayor Pro Tem Muzyka closed the public hearing. Dr. Citty, Mr. Grant, Mr. Haugen, and Mr. Garthoff addressed the public's comments. City Attorney Taylor, Assistant City Manager Blagg, Director Price and Chief Finn answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2010 Page 10 of 14 Council discussed this request. Mayor Pro Tem Muzyka reopened the public hearing. Gabriella Miller asked about the articulation on the back of the building. Mayor Pro Tem Muzyka closed the public hearing. Motion was made to approve Ordinance No. 480 -594 (ZA10 -001), 2 reading, Zoning Change and Site Plan for the new Carroll ISD elementary school, subject to Site Plan Review Summary No. 5, dated March 31, 2010; reserving the right as City Council that the Director of Public Safety will notify Council if there becomes a safety or any other issue with access for the surrounding area regarding the pedestrian gate and Council can direct that the gate be closed; requiring that access to the drive onto Orchard Hill will be for emergency only and will be accessed by a knox box; requiring the fence that is put up by Carroll ISD to be maintained to City standards throughout the life of the fence; requiring the trees on the south side by the pool will be moved to protect more open areas affecting residents; requiring CISD work with City staff on placement of the trees; and granting the variance regarding stacking depth. Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka Nays: None Approved: 6 -0 Mayor Pro Tem Muzyka called for a break at 11:01 p.m. and reconvened the meeting at 11:15 p.m. Agenda Item No. 6H. Resolution No. 10 -018, (ZA10 -013), Specific Use Permit for Relay- for -Life Rachel's Challenge (Mass Gathering) on property being described as Lot 1, Block 1, Carroll ISD No. 1 Addition and Lot 1, Block 1, Carroll ISD No. 2 Addition, being located at 801 Shady Oaks Drive and 800 North White Chapel Boulevard. Current Zoning: CS Community Service District and NR -PUD Non Residential Planned Unit Development District. SPIN Neighborhood #7. Planner Cortez presented this item to Council. Applicants Derek Citty, Julie Thannum, Elizabeth Ashmore, Tracy Flores and Tina Wasserman presented this item and answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING FOR CISD RELAY FOR LIFE RACHEL'S CHALLENGE LOCATED AT 800 WHITE CHAPEL BOULEVARD AND 801 SHADY OAKS, SOUTHLAKE, TEXAS, BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL ISD NO. 2 ADDITION AND LOT 1, BLOCK 1, CARROLL ISD NO. 1 ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A AND AS DEPICTED ON THE APPROVED REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2010 Page 11 of 14 SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 10 -018, (ZA10 -013), Specific Use Permit for Relay- for -Life Rachel's Challenge mass gathering. Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka Nays: None Approved: 6 -0 Agenda Item No. 61. This item was intentionally left blank. Agenda Item No. 6J. ZA10 -014, Site Plan for Brazos Southlake Substation and a variance to the Masonry Ordinance No. 557 -A, as amended, on property being described as Lot 3, Block A, MTP -IBM Addition No. 1, being located at 3411 T. W. King Road. Current Zoning: NR -PUD Non Residential Planned Unit Development District. SPIN Neighborhood #1. Planner Cortez presented this item to Council. Applicant Sara Williamson with Kimley Horne, Shaefer Sides from Brazos Electric, and Scott Malbach with Tri- County answered Council's questions. Ms. Williamson requested to table this item to the May 4, 2010 City Council meeting. No one spoke during the public hearing. Motion was made to table ZA10 -014, Site Plan for Brazos Southlake Substation to the May 4, 2010 City Council meeting. Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka Nays: None Approved: 6 -0 (to table) Agenda Item No. 6K. ZA10 -006, Revised Preliminary Plat for Carillon, Phase 1A on property being described as a portion of Tracts 1, 2 and 3A01, Larkin H. Chivers Survey, Abstract No. 300, being located at 1700 and 1800 North Carroll Avenue and 1801 North White Chapel Boulevard. Current Zoning: ECZ Employment Center Zoning District. SPIN Neighborhood #3. Planner Comstock presented this item. Applicant Jeff Kennemer of Hines also made a presentation. Motion was made to approve ZA10 -006, Revised Preliminary Plat for Carillon, Phase 1A, subject to Preliminary Plat Review Summary No. 2 dated April 1, 2010. Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2010 Page 12 of 14 Nays: None Approved: 6 -0 Agenda Item No. 6L. ZA10 -017, Site Plan for Children's Medical Center Specialty Care Center on property being described as a portion of Tract 3A01, 3B, 3B01, and 3B02, Larkin H. Chivers Survey, Abstract No. 300 and a portion of Tract 4A01, Absolom H. Chivers Survey, Abstract No. 299 being located at 1500 and 1700 North Carroll Avenue and 400, 430 and 470 East State Highway 114. Current Zoning: ECZ Employment Center Zoning District. SPIN Neighborhood #3. Planner Cortez presented this item to Council. Applicants Trent Smith, Senior Vice President with Children's Medical Center, David Cunningham, Project Manager and Jeff Kennemer of Hines presented this item to Council and answered Council's questions. Council discussed this item. Mayor Pro Tem Muzyka opened the public hearing and read a comment card from Kevin Brandt, 517 Boulder Drive, Southlake, Texas who wished to speak in opposition but was no longer present. Mayor Pro Tem Muzyka closed the public hearing. Council continued to discuss this item. Motion was made to approve ZA10 -017, Site Plan for Children's Medical Center Specialty Care Center subject to Site Plan Review summary No. 2, dated April 1, 2010, and granting the requested variances to the 1.) Lighting Ordinance and 2.) eliminating the "up lighting and based on the presentation of the applicant at tonight's meeting. Motion: Jones Second: Bledsoe Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka Nays: None Approved: 6 -0 Agenda Item No. 7A. Ordinance No. 971, 1 Reading, Southlake 2030 North Sector Land Use Plan. SPIN Neighborhoods #1, 2, 3 and 4. Mayor Pro Tem Muzyka announced that staff requested to table this item to the May 4, 2010 City Council meeting. Motion was made to table this item to the May 4, 2010 City Council meeting. Motion: Jones Second: Hill Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka Nays: None Approved: 6 -0 (to table) Agenda Item No. 11. Meeting adjourned. Mayor Pro Tem Muzyka adjourned the meeting at 1:36 a.m. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2010 Page 13 of 14 *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Vir ini)M. Muz ka 9 Y Mayor Pro Tem ATTEST: Lori Payne City Secretary m e e REGULAR CITY COUNCIL MEETING MINUTES, APRIL 20, 2010 Page 14 of 14