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Item 4AREGULAR CITY COUNCIL MEETING MINUTES: April 17, 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 Ben Thatcher, Communication and Website Manager Pilar Schank, Director of Community Services Chris Tribble, Assistant to Director Candice Edmondson, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Planner II Richard Schell, Director of Public Works Bob 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 John Terrell at 5:45 p.m. 2. INVOCATION Mr. Clayton Reed with Southlake Baptist gave the invocation. Mayor John Terrell led the pledge of allegiance. 3. LOCAL BUSINESS REPORT Director of Economic Development Greg Last introduced Jeff Lambeth of Batteries Plus. Mr. Lambeth provided Council with the hours of operation, location and details of Batteries Plus. Mayor Terrell moved to item 3A2 – Recognition of Southlake Carroll debate champions. Mayor Terrell recognized and presented Carroll senior Arvind Venkataraman and Carroll freshman Azhar Hussain with proclamations to honor their achievements at the Texas State Forensic State Tournament. Mr. Venkataraman won state championship in REGULAR CITY COUNCIL MEETING MINUTES, April 17, 2012 Page 1 of 9 Foreign Extemporaneous Speaking and Mr. Hussain won state championship in Congressional Debate. Mayor Terrell moved to item 3A3 – Proclamation for Commissioner Gary Fickes. Mayor Terrell and Council recognized the service and community efforts of Commissioner Fickes on behalf of the City of Southlake and the northeast Tarrant area. Mayor Terrell presented Commissioner Fickes with a proclamation recognizing the countless hours of his public service. 4. 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. Council member Zito mentioned the new Election Day polling location would be located at Carroll Senior High School, 1501 West Southlake Boulevard. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor John Terrell at 6:20 p.m. 2A. EXECUTIVE SESSION Mayor John 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 6:21 p.m. Executive Session began at 6:36 p.m. and concluded at 7:35 p.m. 2B. RECONVENE Mayor John Terrell reconvened the regular meeting at 7:48 p.m. and asked if any action was necessary from Executive Session. There was no action needed as result of Executive Session. 3. REPORTS A. Mayor’s Report – Update of upcoming meetings and events REGULAR CITY COUNCIL MEETING MINUTES, April 17, 2012 Page 2 of 9 Mayor John Terrell announced the upcoming meetings and events. Mayor Terrell asked staff to provide a presentation on debt management at the next Council meeting. Council member Zito announced the grand openings for Mellow Mushroom and Dunkin Donuts. Recognition of Southlake Carroll debate champions This item was conducted earlier in the meeting. Proclamation for Commissioner Gary Fickes This item was conducted earlier in the meeting. Proclamation for National Volunteer Week Mayor Terrell issued a proclamation recognizing the Southlake Volunteer Program. Richard and Barbara Walker were present to accept the proclamation on behalf of the Volunteer Program. Mr. and Mrs. Walker have been involved with Keep Southlake Beautiful Adopt-a-Street Partners. B. City Manager’s Report – None. 4. CONSENT AGENDA (Items 4A-H) 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 FROM THE APRIL 3, 2012 CITY COUNCIL MEETING. 4B. ZA12-012, PRELIMINARY PLAT FOR LOTS 1 AND 2, BLOCK 1, TOWER PLAZA ADDITION, ON PROPERTY DESCRIBED AS TRACTS 3B AND 3B01 AND A PORTION OF TRACT 3D01, O.W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING CURRENTLY ADDRESSED AS 821, 829 AND 835 E. SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: S-P-1 - DETAILED SITE PLAN DISTRICT AND AG - AGRICULTURAL DISTRICT. SPIN NEIGHBORHOOD # 9. REGULAR CITY COUNCIL MEETING MINUTES, April 17, 2012 Page 3 of 9 4C. ZA12-027, PLAT REVISION FOR LOT 1R, BLOCK 2, WATERMERE AT SOUTHLAKE ADDITION, ON PROPERTY DESCRIBED AS LOT 1, BLOCK 2, WATERMERE AT SOUTHLAKE ADDITION AND LOT 1, BLOCK 1, SLAYTON ADDITION BEING AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2813 AND 2815 W. SOUTHLAKE BLVD. CURRENT ZONING: O1- OFFICE DISTRICT. SPIN NEIGHBORHOOD # 11. 4D. APPROVE RESIDENTIAL DEVELOPERS AGREEMENT WITH TERRA LAND MANAGEMENT COMPANY, INC. FOR SHADY OAKS PHASE 2C & 2F. 4E. ORDINANCE NO. 1031, 1ST READING, ADOPT AN ORDINANCE TO ABANDON AN UNUSED UTILITY EASEMENT LOCATED IN THE THOMAS HOOD SURVEY, ABSTRACT NO. 706. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD ON MAY 1, 2012.) 4F. RESOLUTION NO. 12-006A, AMEND ELECTION ORDER TO INCLUDE EARLY VOTING POLLING LOCATIONS, MODIFY ELECTION DAY POLLING LOCATION AND INCORPORATE JOINT ELECTION CONTRACTS WITH TARRANT AND DENTON COUNTIES. Council member Zito advised the Election Day polling location is being moved from Carroll High School, located at 800 North White Chapel Road to Carroll Senior High School, located at 1501 West Southlake Boulevard. The reason for the change in location is due to the Relay for Life Event that will take place at Carroll High School on Friday, May 11 to Saturday, May 12. 4G. RESOLUTION NO. 12-023 (ZA12-024), SPECIFIC USE PERMIT TO ALLOW BARS OR TAVERNS FOR THE GINGER MAN ON PROPERTY DESCRIBED AS LOT 3R, BLOCK 22, SOUTHLAKE TOWN SQUARE ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1512 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: DT - DOWNTOWN ZONING DISTRICT. SPIN NEIGHBORHOOD #8. AT THE REQUEST OF THE APPLICANT, COUNCIL TABLED THE ITEM AT THEIR APRIL 3, 2012 MEETING. SUBSEQUENTLY, THE PLANNING AND ZONING COMMISSION TABLED THE ITEM ON APRIL 5, 2012 TO THEIR APRIL 19, 2012 MEETING. THE ITEM AND PUBLIC HEARING IS SCHEDULED TO BE CONSIDERED BY COUNCIL ON MAY 1, 2012. REGULAR CITY COUNCIL MEETING MINUTES, April 17, 2012 Page 4 of 9 ORDINANCE NO. 480-617 (ZA12-009), 2ND READING, ZONING CHANGE 4H. AND SITE PLAN FOR MOAYYAD MEDICAL OFFICE BUILDING ON PROPERTY DESCRIBED AS LOT 4, H. GRANBERRY NO. 581 ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 190 S. WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: CS – COMMUNITY SERVICE ZONING DISTRICT. REQUESTED ZONING: S-P-1 DETAILED SITE PLAN ZONING DISTRICT. SPIN NEIGHBORHOOD # 10. PUBLIC HEARING. AT THE REQUEST OF THE APPLICANT, THIS ITEM IS TABLED TO THE MAY 1, 2012 CITY COUNCIL MEETING. A motion was made to approve the consent agenda as presented. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7-0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor John Terrell opened the public forum and asked for anyone wishing to speak to come forward. There being no one else wishing to speak, Mayor John Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A.ZA12-023, SITE PLAN FOR FLORENCE ELEMENTARY SCHOOL ON PROPERTY DESCRIBED AS TRACTS 1F AND 1G, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 3095 JOHNSON RD., SOUTHLAKE, TEXAS. CURRENT ZONING: CS COMMUNITY SERVICE DISTRICT. SPIN NEIGHBORHOOD # 11. PUBLIC HEARING APPROVED Planner II Richard Schell presented item and was available to answer questions from Council. Mr. Schell advised the property owner is Keller Independent School District and applicant is Teague, Nall and Perkins. The request is seeking approval for a site plan for improvements to the driveway and parking located in front of Florence Elementary School. Mr. Schell’s presentation included the future land use designation; current zoning; aerial views of the property; site plan; rendering of site plan and landscaping; and landscape plan. The Planning and Zoning Commission at their April REGULAR CITY COUNCIL MEETING MINUTES, April 17, 2012 Page 5 of 9 5, 2012 meeting, approved the request by a vote of 5-0, subject to site plan review summary No. 2, dated March 30, 2012. Applicant representative Scott Gibson with Teague, Nall and Perkins was available to answer 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 ZA12-023, site plan for Florence Elementary School; subject to site plan review summary No. 2, dated March 30, 2012. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7-0 6B. ORDINANCE NO. 480-IIII, 2ND READING, AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO TEMPORARY CONSTRUCTION FACILITIES AND/OR TEMPORARY SALES FACILITIES LOCATED ON PROPERTY UNDER CONSTRUCTION. PUBLIC HEARING TABLED Planning and Development Director Ken Baker presented item for Council and was available to answer questions. Council discussed the proposed changes and definition of initial construction. The consensus of Council was to table the item to allow staff to incorporate language regarding the special use permit, setback guidelines, definition of initial construction and modifying language to include commencement of construction. A motion was made to table Ordinance No. 480-IIII to the May 1, 2012 City Council meeting. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7-0 Mayor Terrell advised that the public hearing would be conducted at the May 1, 2012 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, April 17, 2012 Page 6 of 9 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: ST 7A. ORDINANCE NO. 480-618 (ZA11-066), 1 READING, ZONING CHANGE AND SITE PLAN FOR ARCHITECTURAL TESTING ON PROPERTY DESCRIBED AS LOT 4, BLOCK C, COMMERCE BUSINESS PARK ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 2865 MARKET LOOP, SOUTHLAKE, TEXAS. CURRENT ZONING: I-1- LIGHT INDUSTRIAL DISTRICT. REQUESTED ZONING: S-P-1- DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD # 8. (IF APPROVED ON FIRST READING, THE PUBLIC HEARING WILL BE HELD ON MAY 1, 2012.) APPROVED Council member Jeff Wang filed a conflict of interest affidavit with the City Secretary recusing himself from discussion or voting on the item. Council member Wang left the dais and meeting at 8:20 p.m. Planning and Development Director Ken Baker presented item for Council and was available to answer questions. Mr. Baker’s presentation included the future land use designation; current zoning; aerial views of the property; detailed site plan; proposed dumpster screening; and renderings. Mr. Baker reviewed the applicant’s proposed variances: Reduction in required interior landscape area from 1,500 SF to 514 SF with a reduction in the Canopy Trees from 2 to 1, Accent Trees from 5 to 2 and 23 shrubs to 15; Variance to the noise regulations of the City Code from a maximum of 70 dBA daytime (7:00 a.m. to 9:00 p.m.) 65dBA nighttime/weekend to 95dBA. The Planning and Zoning Commission, at their April 5, 2012 meeting, approved the item with requested variances; subject to the site plan review summary dated April 5, 2012. Applicant representatives John Waskow and Andy Cost of Architectural Testing, Inc. were present to answer questions from Council. Council, staff and applicant discussed the request. A motion was made to deny Ordinance No. 480-618 (ZA11-066), zoning change and site plan for Architectural Testing. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito Nays: None Recuse: Wang Approved: 6-0, with one recusing REGULAR CITY COUNCIL MEETING MINUTES, April 17, 2012 Page 7 of 9 Council member Wang returned to the dais at 8:51 p.m. ST 7B. ORDINANCE NO. 480-481A (ZA12-015), 1 READING, ZONING CHANGE AND SITE PLAN FOR BICENTENNIAL RETAIL PLAZA ON PROPERTY DESCRIBED AS LOT 13, LITTLEBERRY G. HALL NO. 686 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 410 W. SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: S-P-1 DETAILED SITE PLAN ZONING DISTRICT: REQUESTED ZONING: S-P-1 DETAILED SITE PLAN ZONING DISTRICT. SPIN NEIGHBORHOOD # 7. (IF APPROVED ON FIRST READING, THE PUBLIC HEARING WILL BE HELD ON MAY 1, 2012.) APPROVED Planner II Richard Schell presented item and was able to answer questions from Council. Mr. Schell advised the property owner is Bicentennial Retail Plaza, L.P. and applicant is GSO Architects. Mr. Schell’s presentation included the future land use designation; current zoning; aerial overviews; patio plan and elevations; and site plan. The Planning and Zoning Commission, at their April 5, 2012 meeting, approved the request; subject to revised site plan review summary No. 2, dated April 5, 2012. Applicant representative Lisa Swift with GSO Architects was available to answer questions. st A motion was made to approve Ordinance 480-481A (ZA12-015), 1 reading, zoning change and site plan for Bicentennial Retail Plaza; subject to the revised site plan review summary No. 2, dated April 5, 2012. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7-0 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.) 9. OTHER ITEMS FOR CONSIDERATION: (THERE ARE NO ITEMS ON THIS AGENDA.) 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) REGULAR CITY COUNCIL MEETING MINUTES, April 17, 2012 Page 8 of 9 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 9:03 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ John Terrell Mayor ATTEST: ______________________________ Alicia Richardson City Secretary REGULAR CITY COUNCIL MEETING MINUTES, April 17, 2012 Page 9 of 9