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Item 4AU CITY OF SOUTHLAK,E TEXAS REGULAR CITY COUNCIL MEETING MINUTES: August 7, 2012 LOCATION 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT Mayor John Terrell, Mayor Pro Tern Brandon Bledsoe, Deputy Mayor Pro Tern Pamela Muller and Councilmembers Carolyn Morris, Jeff Wang, Al Zito, and Martin Schelling. CITY COUNCIL ABSENT None. STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager /Director of Public Safety Jim Blagg Thatcher, Communication and Website Manager Pilar Schank, Assistant Director of Community Services Kari Happold, Director of Finance Sharen Jackson, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Director of Public Works Bob Price, Civil Engineer Steve Anderson, 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 5:48 p.m. 2. INVOCATION Mr. Clayton Reed with Southlake Baptist Church gave the invocation. Mayor Terrell led the pledge of allegiance. 3. LOCAL BUSINESS REPORT Assistant City Manager /Director of Public Safety Jim Blagg introduced Bill Harris with Silver Spoon Cafe & Bakery. Mr. Harris provided information on his restaurant, menu and hours of operation. 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. REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 1 of 16 At the request of Council member Wang, Assistant Director of Community Services Kari Happold reviewed Item 41— demolition and reconstruction of fishing pier at Bob Jones Park. Mayor Terrell asked Finance Director Sharen Jackson to clarify Item 4K —adopt a tax increase and set public hearing for tax rate. Ms. Jackson explained that the City's tax rate would remain the same at $.462. Although the City's tax rate will remain the same, it exceeds the effective tax rate and provisions of Truth -In- Taxation require Council to notify the public of the City's proposal to adopt the tax rate and set two public hearings. The public hearings have been set for August 21 and September 4, 2012. Mayor Terrell asked Council if they had any objection to moving Item 913— request from Polycystic Kidney Disease Foundation —to the consent agenda. There was no objection from Council. REGULAR SESSION 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:13 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 6:13 p.m. Executive Session began at 6:30 p.m. and concluded at 7:43 p.m. 2113. RECONVENE Mayor Terrell reconvened the regular meeting at 7:56 p.m. and asked if any action was necessary from Executive Session. A motion was made to authorize the Mayor to enter into a settlement agreement in lieu of condemnation for right of way and easement acquisition at 1380 North Kimball Avenue. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 2 of 16 Nays: None Approved: 7 -0 3. REPORTS A. Mayor's Report — Mayor Terrell announced the upcoming meetings and events. Proclamation for Southlake Community Band Mayor Terrell recognized the Southlake Community Band on their 20 Anniversary and for providing musical entertainment at various community events. Mayor Terrell presented Mr. David Stone, Conductor and Musical Director, with a proclamation proclaiming August 7, 2012 as Southlake Community Band Day in Southlake. Recognition of Yasaman Sahba Mayor Terrell recognized Yasaman Sahba for being named one of the top ten (10) finalists of the Sister Cities International 2012 Young Artist Showcase. Ms. Sahba was one of six finalists from the United States. The selected artworks will be on tour at select Sister City locations through the country. Southlake Sister Cities will host the tour from December 2012 through January 2013. B. City Manager's Report — Senior Advisory Commission Written Report City Manager Shana Yelverton informed Council a report from the Senior Advisory Commission was included in their agenda packets. 4. CONSENT AGENDA (Items 4A -Q) Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Pro Tern Bledsoe read the Consent Agenda items into the record. 4A. APPROVE MINUTES FROM THE JUNE 12, 2012 JOINT MEETING OF CITY COUNCIL, SOUTHLAKE PARKS DEVELOPMENT CORPORATION AND PARKS AND RECREATION BOARD; JUNE 19, 2012 CITY COUNCIL MEETING; AND JUNE 26 -27, 2012 JUNE RETREAT MEETING. 4B. APPROVE A CONTRACT RENEWAL WITH AETNA TO PROVIDE EMPLOYEE MEDICAL BENEFITS FOR PLAN YEAR OCTOBER 1, 2012 TO SEPTEMBER 30, 2013. REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 3 of 16 4C. APPROVE A CONTRACT RENEWAL WITH UNITED HEALTHCARE TO PROVIDE EMPLOYEE DENTAL BENEFITS FOR PLAN YEAR OCTOBER 1, 2012 TO SEPTEMBER 30, 2013. 4D. THIS ITEM INTENTIONALLY LEFT BLANK. 4E. RESOLUTION NO. 12 -039, AUTHORIZE THE CITY ATTORNEY TO BRING CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING STREET RIGHT OF WAY AND EASEMENTS FOR CONSTRUCTION AND MAINTENANCE OF FM 1938 LOCATED IN THE B. J. FOSTER SURVEY, ABSTRACT 519 AT 925 RANDOL MILL AVENUE. 4F. RESOLUTION NO. 12 -040, AUTHORIZE THE CITY ATTORNEY TO BRING CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A PERMANENT SANITARY SEWER EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF A 12 -INCH SANITARY SEWER LOCATED IN THE LARKIN H. CHIVERS SURVEY, ABSTRACT 300 AT 555 EAST STATE HIGHWAY 114. 4G. APPROVE CONTRACT RENEWAL FOR LEWIS CONCRETE RESTORATION FOR MANHOLE AND WET WELL REHAB SERVICES. 4H. CONSIDER SV12 -010, SIGN VARIANCE TO SIGN ORDINANCE NO. 704, AS AMENDED, FOR THE GROVE TEMPORARY SIGN LOCATED AT 500 WEST STATE HWY 114; AT THE SOUTHEAST CORNER OF WEST DOVE STREET AND WEST STATE HWY 114. THIS ITEM WAS TABLED BY COUNCIL AT THEIR JUNE 19, 2012 MEETING. 41. APPROVE AND RATIFY EMERGENCY EXPENSE FOR DEAN CONSTRUCTION TO DEMOLISH AND RECONSTRUCT THE FISHING PIER AT BOB JONES PARK IN THE AMOUNT OF $153,830. Council and staff discussed this item during work session. 4J. APPROVE ABSENCES FOR A PLANNING AND ZONING COMMISSIONER. 4K. CONSIDER PROPOSAL TO ADOPT A TAX INCREASE AND SET PUBLIC HEARING ON THE TAX RATE FOR THE AUGUST 21, 2012 AND SEPTEMBER 4, 2012 CITY COUNCIL MEETINGS. Council and staff discussed this item during work session. 4L. ORDINANCE NO. 480 -619 (ZAl2 -007), 1 ST READING, ZONING CHANGE AND SITE PLAN FOR NOLEN OFFICE PARK ON REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 4 of 16 PROPERTY DESCRIBED AS TRACT 11A, THOMAS EASTER SURVEY, ABSTRACT NO. 474, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 300 SOUTH NOLEN DR., SOUTHLAKE, TEXAS. CURRENT ZONING: AG AGRICULTURAL DISTRICT. REQUESTED ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. THIS ITEM WAS TABLED BY THE APPLICANT AT THE PLANNING AND ZONING COMMISSION MEETING ON MAY 3, 2012, MAY 17, 2012, JUNE 7, 2012 AND JULY 19, 2012. (IF THE PLANNING AND ZONING COMMISSION RECOMMENDS MOVING THE ITEM TO CITY COUNCIL AT THE AUGUST 9, 2012 MEETING, THE FIRST READING FOR THIS ITEM WILL BE SCHEDULED FOR AUGUST 21 AND PUBLIC HEARING WILL BE HELD ON SEPTEMBER 4, 2012). 4M. ORDINANCE NO. 480 -620 (ZAl2 -030), 1 ST READING, ZONING CHANGE AND SITE PLAN FOR MARSHALL CREEK RANCH ON PROPERTY DESCRIBED AS TRACT 7A, R. D. PRICE SURVEY, ABSTRACT NO. 992A, CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS, AND LOCATED AT 4401 T. W. KING RD., SOUTHLAKE, TEXAS. CURRENT ZONING: AG - AGRICULTURAL DISTRICT. REQUESTED ZONING: S -P -2 GENERALIZED SITE PLAN ZONING DISTRICT. SPIN NEIGHBORHOOD #1. THIS ITEM WAS TABLED BY THE APPLICANT AT THE PLANNING AND ZONING COMMISSION MEETING ON JUNE 7, 2012 AND JULY 19, 2012. (IF THE PLANNING AND ZONING COMMISSION RECOMMENDS MOVING THE ITEM TO CITY COUNCIL AT THEIR OCTOBER 4, 2012 MEETING, THE FIRST READING FOR THIS ITEM WILL BE SCHEDULED FOR OCTOBER 16, 2012 AND PUBLIC HEARING WILL BE HELD ON NOVEMBER 6, 2012). 4N. ORDINANCE NO. 480 -532A (ZAl2 -038), 1 ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR SOUTH VILLAGE AT WATERMERE ON PROPERTY DESCRIBED AS TRACTS 4C AND 6A2, J.G. ALLEN SURVEY, ABSTRACT NO. 18 AND LOT 4R3, BLOCK 1, WATERMERE AT SOUTHLAKE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 4D, J.G. ALLEN SURVEY, ABSTRACT NO. 18, AND LOCATED AT 2261, 2271 & 2451 UNION CHURCH ROAD AND 451 WATERMERE DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: R- PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. REQUESTED ZONING: R -PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD # 11. THIS ITEM WAS TABLED BY THE APPLICANT AT THE PLANNING AND ZONING COMMISSION MEETING ON MAY 3, 2012, MAY 17, 2012, JUNE 7, 2012 AND JULY 19, 2012. THE APPLICANT IS REQUESTING TO TABLE THIS ITEM INDEFINITELY TO ALLOW CONSIDERATION OF REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 5 of 16 ORDINANCE NO. 480 -532B (ZAl2 -058) AND ORDINANCE NO. 480 - 476C (ZAl2 -059) WHICH ARE LISTED AS ITEMS 7C AND 7D ON THE AGENDA. A motion was made to approve the Consent Agenda as presented. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7 -0, Items 4A, 4B, 4C, 4D, 4E, 4F, 4G, 4H, 4J, 4K, 4L, 4M, and 4N. 6 -1, Item 41 with Council member Wang voting against. 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 wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: Mayor Terrell informed Council they would move to Items 6F and 6G. 6F. ORDINANCE NO. 1037, 2 ND READING, APPOINTING THE JUDGE OF THE MUNICIPAL COURT OF RECORD AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE. PUBLIC HEARING. APPROVED Council did not require a staff presentation. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1037, second reading, appointing the Judge of the Municipal Court of Record and authorizing the Mayor to execute an agreement with the Municipal Judge. Motion: Bledsoe Second: Zito REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 6 of 16 Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING THE JUDGE OF THE MUNICIPAL COURT OF RECORD IN THE CITY OF SOUTHLAKE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 6G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MUNICIPAL COURT JUDGE CAROL MONTGOMERY. APPROVED Council did not require a staff presentation. A motion was made to approve the professional services agreement with Municipal Court Judge Carol Montgomery. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7 -0 6A. ZAl2 -056, SITE PLAN FOR STARBUCKS ON PROPERTY DESCRIBED AS LOT 3R1, BLOCK 1, SOUTHLAKE CROSSING PHASE I, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 125 DAVIS BLVD., SOUTHLAKE, TEXAS. CURRENT ZONING: C -3 - GENERAL COMMERCIAL DISTRICT. SPIN NEIGHBORHOOD #10. PUBLIC HEARING. APPROVED Planner I Daniel Cortez presented 6A and 6B and was available to answer questions. Mr. Cortez's presentation included the Future Land Use Plan, current zoning, aerials, site plans, elevations, and proposed variances. The Planning and Zoning Commission, at their July 19, 2012 meeting, approved ZAl2 -056 subject to site plan review summary No. 2, dated July 9, 2012 and referencing the staff report dated July 13, 2012. Applicant representative Mr. Lyssy with CMA, located at 6060 North Central Expressway, Suite 850, Dallas, presented item and was available to answer questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 7 of 16 Starbucks representative Jerry Hudson responded to questions regarding the requested number of signage. Council, staff and applicants discussed the site plan, color of building and requested sign variances. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve ZAl2 -056; subject to site plan review summary No. 2, dated July 9, 2012 and adjusting the elevations for the north and south to include wood architectural features that are similar to the western elevation, which is otherwise the front of the building, as presented in the Council packets. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang Nays: Zito Approved: 6 -1 6B. CONSIDER SV12 -012, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR STARBUCKS LOCATED AT 125 DAVIS BOULEVARD, SOUTHLAKE, TX. APPROVED This item was presented in conjunction with Item 6A. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve SV12 -012, variances to Ordinance No. 704 for Starbucks to include: maximum logo height for east and south elevations at 48 inches; maximum logo height for the north elevation at 48 inches; logo placement on east and north elevations to be right justified and logo placement on south elevation to be left justified; "drive thru" signs to have separate letters spelling "drive thru" and to be in similar font as presented; placement of attached signs on all four sides of the building; placement of "drive thru" signs on east and west elevation to be left and right justified; maximum number of directional signs shall be limited to three, more specifically D2, D3 and D4 as presented; construction of sign to be cabinet as presented in package; sign structure will be double faced illuminated plastic cabinet; applicant will attempt to move the monument sign into the grass area adjacent to right of way, pursuant to the City's existing sign ordinance and if applicant is unsuccessful in relocating the monument sign REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 8 of 16 he will be allowed to relocate monument sign to existing location; monument sign will be a complementary masonry design to the existing building with wood accented highlights at the base and will include eight inch letters for the address, which will be located at the top of the monument sign. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7 -0 6C. ORDINANCE NO. 1040, AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION, SERIES 2012. PUBLIC HEARING. APPROVED First Southwest representative Jim Sabonis presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1040, authorizing the issuance of Certificates of Obligation, Series 2012. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7 -0 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) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2012 ", 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 OF OBLIGATION, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 9 of 16 AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. 6D. ORDINANCE NO. 1041, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012. PUBLIC HEARING. APPROVED First Southwest representative Jim Sabonis presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: Nay Approved: 7 -0 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 BONDS, SERIES 2012 "; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY; 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 SPECIAL ESCROW AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. 6E. ORDINANCE NO. 1034, 2 ND READING, WASTE WATER SYSTEM MASTER PLAN, A COMPONENT OF THE SOUTHLAKE 2030 COMPREHENSIVE MASTER PLAN. PUBLIC HEARING. APPROVED Civil Engineer Steve Anderson presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 10 of 16 There being no one wishing to speak, Mayor Terrell closed the public hearing. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None. Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE WASTE WATER SYSTEM MASTER PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. 6F. ORDINANCE NO. 1037, 2 ND READING, APPOINTING THE JUDGE OF THE MUNICIPAL COURT OF RECORD AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE. PUBLIC HEARING. APPROVED Council discussed this item earlier in the meeting. 6G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MUNICIPAL COURT JUDGE CAROL MONTGOMERY. APPROVED Council discussed this item earlier in the meeting. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA.) 7A. ORDINANCE NO. 1038 (CP12 -002), 1 ST READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON PROPERTY DESCRIBED AS TRACTS 8CO2, 8D03 AND A PORTION OF TRACT 8C, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 200, 280 AND 220 W. HIGHLAND ST., SOUTHLAKE, TEXAS. CURRENT ZONING: AG - AGRICULTURAL DISTRICT. REQUESTED ZONING: R -PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #5. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD ON AUGUST 21, 2012.) TABLED REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 11 of 16 Director of Planning and Development Services Ken Baker presented 7A and 7B and was available to answer questions from Council. Mr. Baker's presentation included current zoning; aerials of proposed development; existing land use designation; proposed land use designation; development plan; regulations for residential planned unit development district; tree conservation analysis; preliminary utility plan; and preliminary drainage plan. The Planning and Zoning Commission, at their July 19, 2012 meeting, approved CP12 -002 subject to the staff report dated July 13, 2012. The Planning and Zoning Commission also approved ZAl2 -051, subject to development plan review summary No. 2, dated July 13, 2012 and referencing the staff report dated July 13, 2012. Applicant representative Paul Spain, 2200 Estes Park Drive, presented item and answered questions from Council. Mayor Terrell recessed the meeting at 10:09 p.m. Mayor Terrell reconvened the meeting at 10:21 p.m. with the same members present. Council and applicant discussed the proposed land use plan amendment. Council provided comments to applicant regarding the development and the proposed land use plan amendment. Mr. Spain requested that Council table this item for two weeks to allow time to work with the neighbors, revisit the pond and address Council's comments. A motion was made to table Ordinance No. 1038 (CP12 -002), land use plan amendment for Highland Oaks, to the August 21, 2012 City Council meeting. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Schelling, Terrell, Wang, Zito Nays: Muller Approved: 6 -1 7B. ORDINANCE NO. 480 -621 (ZAl2 -051), 1 ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR HIGHLAND OAKS ON PROPERTY DESCRIBED AS TRACTS 8CO2, 8D03 AND A PORTION OF TRACT 8C, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 200, 280 AND 220 W. HIGHLAND ST., SOUTHLAKE, TEXAS. CURRENT ZONING: AG — AGRICULTURAL DISTRICT. REQUESTED ZONING: R -PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #5. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD ON AUGUST 21, 2012.) TABLED REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 12 of 16 This item was presented in conjunction with Item 7A. A motion was made to table Ordinance No. 480 -621 (ZAl2 -051) to the August 21, 2012 City Council meeting. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7 -0 7C. ORDINANCE NO. 480 -532B (ZAl2 -058), 1 ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR SOUTH VILLAGE AT WATERMERE ON PROPERTY DESCRIBED AS TRACTS 4C, 4D AND 6A2, J.G. ALLEN SURVEY, ABSTRACT NO. 18 AND LOT 4R3, BLOCK 1, WATERMERE AT SOUTHLAKE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 2261, 2271 & 2451 UNION CHURCH ROAD AND 451 WATERMERE DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: R -PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. REQUESTED ZONING: TZD — TRANSITION ZONING DISTRICT. SPIN NEIGHBORHOOD #11. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD ON AUGUST 21, 2012.) OPPPOVFn Planner I Daniel Cortez presented 7C and 7D and was available to answer questions from Council. Mr. Cortez's presentation included the future land use plan, current zoning; aerial of property; current and proposed overall concept plan; current and proposed development plan; proposed development standards; South Village pedestrian access plan; and Watermere at Southlake's concept plan. The Planning and Zoning Commission, at their July 19, 2012 meeting, approved ZAl2 -058 subject to the development plan review summary No. 2, dated July 9, 2012 and referencing staff report dated July 13, 2012. The Planning and Zoning Commission also approved ZAl2- 059 subject to the concept plan review summary No. 2, dated July 9, 2012 and referencing staff report dated July 13, 2012. Applicant representatives Scott Simmons, 3110 Westlake Boulevard and Rick Simmons, 3120 Southlake Boulevard, presented item and answered questions from Council. Mr. and Mrs. Joseph Mortazavi, 2651 Union Church Road, expressed their concern with water being diverted onto their property. A motion was made to approve Ordinance No. 480 -532B (ZAl2 -058); noting the following: applicant will provide a definitive description and location of proposed crosswalk on Watermere Drive, a stop sign and strobe flashing lights with the input of the City of Southlake staff; provide a comprehensive drainage plan and solution for the REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 13 of 16 southeast corner of the related zoning case for property owner, known as Mr. Mortazavi, to address potential water migration concerns; noting the size of the homes in the district will be a minimum of 2,500 square feet with a maximum of 3,700 square feet; provide representative floor plans to illustrate various varieties of building materials and construction of proposed homes; and subject to staff report, dated July 13, 2012, removing the minimum age requirement. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Schelling, Terrell, Wang Nays: Muller, Zito Approved: 5 -2 7D. ORDINANCE NO. 480 -476C (ZAl2 -059), 1 ST READING, ZONING CHANGE AND CONCEPT PLAN FOR WATERMERE AT SOUTHLAKE ON PROPERTY DESCRIBED AS LOTS 1, 2, 3, 4R1, 4R2 AND 4X, BLOCK 1, WATERMERE AT SOUTHLAKE ADDITION AND LOTS 2 AND 3, BLOCK 2, WATERMERE AT SOUTHLAKE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 101 -301 WATERMERE DR. AND 2801 & 2807 W. SOUTHLAKE BLVD., SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -2 GENERALIZED SITE PLAN DISTRICT. REQUESTED ZONING: S -P -2 GENERALIZED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #11. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD ON AUGUST 21, 2012.) APPROVED This item was presented in conjunction with Item 7C. A motion was made to approve Ordinance No. 480 -476C (ZAl2 -059), zoning change and concept plan for Watermere at Southlake; noting the aforementioned conditions related to case ZAl2 -058; specifically the discussed crosswalk, stop sign and strobe light proposals for Watermere Drive; applicant to address the water drainage concerns on the southeast corner of the property; and noting the minimum square footage of 2,500 for the east side. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Schelling, Terrell, Wang Nays: Muller, Zito Approved: 5 -2 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA) 9. OTHER ITEMS FOR CONSIDERATION: REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 14 of 16 9A. APPEAL OF THE ADMINISTRATIVE OFFICIAL'S DECISION REGARDING THE DESTRUCTION AND ABILITY TO REPAIR OR REPLACE A NONCONFORMING EXISTING SIGN LOCATED AT 110 WEST SOUTHLAKE BOULEVARD (TEXACO). APPROVED Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Property owner Faisal Kahn presented his request to Council. Mr. Lynn Bural with All Star Signs informed Council he and Mr. Kahn propose a new sign to be located closer to the property line. A motion was made to uphold the decision of the Administrative Official's decision regarding the sign damage for the existing monument nonconforming sign located at 110 West Southlake Boulevard, otherwise known as Texaco. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7 -0 9B. CONSIDER APPROVAL OF A REQUEST FROM THE POLYCYSTIC KIDNEY DISEASE FOUNDATION NORTH TEXAS CHAPTER TO DISPLAY EVENT SPONSOR VEHICLES ON PUBLIC PROPERTY. APPROVED Council approved this item with the consent agenda. 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 12:49 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 15 of 16 Alicia Richardson City Secretary REGULAR CITY COUNCIL MEETING MINUTES, August 7, 2012 Page 16 of 16