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Item 4AU CITY OF SOUTHLAK,E TEXAS REGULAR CITY COUNCIL MEETING MINUTES: October 16, 2012 LOCATION 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT Mayor Pro Tern Brandon Bledsoe, Deputy Mayor Pro Tern Pamela Muller and Councilmembers Carolyn Morris, Martin Schelling, Jeff Wang and Al Zito. 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 City Manager Alison Ortowski, Communication and Website Manager Pilar Schank, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Fire Chief Mike Starr, Director of Planning and Development Services Ken Baker, Planner I Daniel Cortez, Police Chief Steve Mylett, Deputy Director of Gordon Mayer, Deputy City Engineer Cheryl Taylor, City Attorney Steven Wood and City Secretary Alicia Richardson. WORK SESSION 1. CALL TO ORDER The Work Session was called to order by Mayor Pro Tern Bledsoe at 5:30 p.m. 2. INVOCATION Mr. Clayton Reed gave the invocation allegiance. Mayor Pro Tern Bledsoe led the pledge of 3. LOCAL BUSINESS REPORT Director of Economic Development Greg Last introduced Andrew Waldson with Sushi Zushi. Mr. Waldson provided a description of the services provided, hours of operation, meeting room space and location of business. 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 Pro Tern Bledsoe read the consent agenda items. In response to Council member Zito's question, Assistant City Manager provided Council with an overview of item 4D— Resolution No. 12 -047. Council member Zito commented on the importance of the City of Southlake and Carroll Independent School District working with one another for the benefit of the citizens. After further discussion, the consensus of Council was to table the item until further notice. REGULAR SESSION 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Pro Tern Bledsoe at 5:45 p.m. 2A. EXECUTIVE SESSION Mayor Pro Tern Bledsoe announced that City Council would be going into Executive Session pursuant to Texas Government Code, Section 551.071, consultation with the city attorney and Section 551.072, deliberation regarding real property. City Council adjourned for Executive Session at 5:45 p.m. Executive Session began at 6:05 p.m. and concluded at 7:09 p.m. 2113. RECONVENE Mayor Pro Tern Bledsoe reconvened the meeting at 7:20 p.m. Mayor Pro Tern Bledsoe asked if any action was necessary from Executive Session. A motion was made to instruct staff to proceed with the purchase of the property located at 925 Randol Mill Road [sic] pursuant to discussion in Executive Session. Motion: Schelling Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Wang, Zito Approved: 6 -0 A motion was made to instruct staff to proceed on the North Kimball project as discussed in Executive Session. Motion: Schelling Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Wang, Zito Approved: 6 -0 REGULAR CITY COUNCIL MEETING MINUTES, October 16, 2012 Page 2 of 9 3. REPORTS 3A. MAYOR'S REPORT Mayor Pro Tern Bledsoe announced the upcoming events. Council member Wang informed the public and Council of the upcoming 2013 Southlake youth delegation to Suzhou Wuzhong District, China. The delegation is scheduled for March 8 — 15, 2013. Southlake Sister Cities is accepting applications from members of Southlake Sister Cities, Southlake residents and Carroll Independent School District students between 15 and 18 years of age. Additional information on the delegation can be located on Southlake Sister Cities website. 3B. CITY MANAGER'S REPORT— ORDINANCE PRIORITY SCHEDULE City Manager Shana Yelverton provided Council with a copy of the City's ordinance priority schedule and was available to answer questions. 4. CONSENT AGENDA 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 OCTOBER 2, 2012 CITY COUNCIL MEETING AND OCTOBER 8, 2012 SPECIAL CITY COUNCIL MEETING. 4B. ZAl2 -060, PLAT SHOWING FOR LOTS 35 AND 36, F. THROOP NO. 1511 ADDITION, BEING DESCRIBED AS TRACTS 3A01J4, 3A01J3 AND 3A01J, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, TARRANT COUNTY, SOUTHLAKE, TEXAS, LOCATED AT 1287 SUNSHINE LANE, 1700 AND 1750 EAST HIGHLAND STREET, SOUTHLAKE, TEXAS. SPIN #4. 4C. RESOLUTION NO. 12 -038, AUTHORIZE THE CITY MANAGER OR HER DESIGNEE TO ENTER INTO COOPERATIVE PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES AND OTHER COOPERATIVE PURCHASING ORGANIZATIONS; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tern Bledsoe clarified that the resolution number related to item 4C should read Resolution No. 12 -049. 4D. RESOLUTION NO. 12 -047, REAFFIRM SUPPORT FOR A JOINT UTILIZATION PARTNERSHIP WITH THE CARROLL INDEPENDENT SCHOOL DISTRICT, SET FORTH THE PURPOSE AND GOVERNANCE STRUCTURE OF THE PROGRAM, AND SUNSET THE PREVIOUSLY - APPOINTED SEVEN MEMBER JOINT UTILIZATION COMMITTEE. Council consensus during work session was to table this item until further notice. REGULAR CITY COUNCIL MEETING MINUTES, October 16, 2012 Page 3 of 9 4E. APPROVE ANNUAL SUPPORT AND MAINTENANCE AGREEMENT WITH ACCELA INC. IN THE AMOUNT OF $71,774.54. 4F. 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 AND IS REQUESTED TO BE TABLED AT THE OCTOBER 4, 2012 TO THE NOVEMBER 8, 2012 MEETING. (IF THE PLANNING AND ZONING COMMISSION RECOMMENDS MOVING THE ITEM TO CITY COUNCIL AT THEIR NOVEMBER 8, 2012 MEETING, THE FIRST READING FOR THIS ITEM WILL BE SCHEDULED FOR DECEMBER 4, 2012 AND PUBLIC HEARING WILL BE HELD ON JANUARY 15, 2013). 4G. 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 W. SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING IS "CS" COMMUNITY SERVICE DISTRICT. SPIN #11. THE APPLICANT HAS WITHDRAWN THIS ITEM. 4H. ZAl2 -069, SITE PLAN FOR CARILLON AMENITY CENTER ON PROPERTY DESCRIBED AS A PORTION OF TRACTS 2 AND 3A01, LARKIN H CHIVERS SURVEY; ABSTRACT NO. 300, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 1700 AND 1800 N. CARROLL AVE., SOUTHLAKE, TEXAS. CURRENT ZONING: ECZ — EMPLOYMENT CENTER ZONING DISTRICT. SPIN #3. THIS ITEM WAS TABLED BY THE APPLICANT AT THE OCTOBER 4, 2012 PLANNING AND ZONING COMMISSION MEETING TO THE OCTOBER 18, 2012 MEETING. (IF THE PLANNING AND ZONING COMMISSION RECOMMENDS MOVING ITEM TO CITY COUNCIL AT THEIR OCTOBER 18, 2102 MEETING, THE PUBLIC HEARING WILL BE HELD ON NOVEMBER 6, 2012.) A motion was made to approve the consent agenda. Motion: Schelling Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Wang, Zito Approved: 6 -0 REGULAR CITY COUNCIL MEETING MINUTES, October 16, 2012 Page 4 of 9 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Pro Tern Bledsoe opened the public forum and asked for anyone wishing to speak to come forward. Mr. Casey Zandt, 2010 California Crossing, Dallas, spoke on behalf of Community Waste Disposal. Mr. Zandt commented that the annual franchise agreement with Republic Services expires September 2013. He provided information on Community Waste Disposal and expressed interest to earn the City's business. There being no one else wishing to speak, Mayor Pro Tern Bledsoe closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: Mayor Pro Tern Bledsoe announced that Council would move to item 6B. 6B. RESOLUTION NO. 12 -046 (ZAl2 -084), SPECIFIC USE PERMIT FOR TELECOMMUNICATION TOWER, ANTENNAS AND ANCILLARY BUILDINGS ON PROPERTY DESCRIBED AS LOT 1, BLOCK A, OIEN ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 3700 N. WHITE CHAPEL BOULEVARD, SOUTHLAKE, TX. SPIN #1. PUBLIC HEARING APPROVED Director of Planning and Development Services Ken Baker presented item and was available to answer questions. Mr. Baker's presentation included: future and existing land use plan; current zoning; aerial views; plans; data coverage expansion plan; landscaping replanting plan and landscaping improvements. Applicant representative Bill Bauman presented request and responded to questions from Council. A motion was made to approve Resolution No. 12 -046, specific use permit for telecommunication tower, antennas and ancillary buildings on property described as Lot 1, Block A, Oien Addition; subject to the following: generator will have hospital grade muffling system; plat review summary No. 3, dated September 27, 2012 and staff report dated September 27, 2012. Motion: Morris Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Wang, Zito Approved: 6 -0 REGULAR CITY COUNCIL MEETING MINUTES, October 16, 2012 Page 5 of 9 Mayor Pro Tern Bledsoe announced that Council would return to item 6A. 6A. ZAl2 -076, SITE PLAN FOR N3 REAL ESTATE ON PROPERTY DESCRIBED AS LOT 2A, BLOCK 3, DIAMOND CIRCLE ESTATE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 620 E. SOUTHLAKE BLVD., SOUTHLAKE, TEXAS. CURRENT ZONING: C2 — LOCAL RETAIL COMMERCIAL DISTRICT. SPIN #7. PUBLIC HEARING APPROVED Planner I Daniel Cortez presented item and was available to answer questions. Mr. Cortez's presentation included: future and existing land use plan; current zoning; aerial view; site plan; landscape plan; and floor plan. The Planning and Zoning Commission approved the request noting the applicant withdrew the covered parking and subject to the site plan review summary No. 2, dated September 26, 2012 and staff report dated September 28, 2012. Applicant representative Skip Blake presented request and responded to questions from Council. A motion was made to approve ZAl2 -076, site plan for N3 Real Estate on property described as Lot 2A, Block 3, Diamond Circle Estate Addition; subject to the following: enclosed patio area have windows that will be dark framed and tinted glass; covered parking be removed as proposed by applicant; patio will have stained columns to match the building with the wood arbor covering; site plan review summary No. 2, dated September 26, 2012 and staff report dated September 28, 2012; patio stone will match the existing building and will include paved stoned flooring. Motion: Morris Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Wang, Zito Approved: 6 -0 6B. RESOLUTION NO. 12 -046 (ZAl2 -084), SPECIFIC USE PERMIT FOR TELECOMMUNICATION TOWER, ANTENNAS AND ANCILLARY BUILDINGS ON PROPERTY DESCRIBED AS LOT 1, BLOCK A, OIEN ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 3700 N. WHITE CHAPEL BOULEVARD, SOUTHLAKE, TX. SPIN #1. PUBLIC HEARING APPROVED Council considered this item earlier in the meeting. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: REGULAR CITY COUNCIL MEETING MINUTES, October 16, 2012 Page 6 of 9 7A. ORDINANCE NO. 480 -447A (ZAl2 -075), 1 ST READING, ZONING CHANGE AND SITE PLAN FOR CLEARVIEW EYECARE AND LASER CENTER ON PROPERTY DESCRIBED AS LOT B, BLOCK B, BRIARWOOD ESTATES, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 1980 EAST STATE HIGHWAY 114, SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: S -P -1- DETAILED SITE PLAN DISTRICT. PROPOSED ZONING: S -P -1- DETAILED SITE PLAN DISTRICT. SPIN #4. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON NOVEMBER 6, 2012). APPROVED Planner I Daniel Cortez presented item and was available to answer questions. Mr. Cortez's presentation included: future and existing land use plan; current zoning; aerial view; pictures of existing site, previous approved site plan; proposed site plan; building elevations; and landscape plan. The Planning and Zoning Commission, at their October 4, 2012 meeting, approved the request subject to site plan review summary No. 2, dated September 26, 2012 and staff report dated September 28, 2012. Applicant representative Skip Blake was present to answer questions from Council. A motion was made to approve Ordinance No. 480 -447A (ZAl2 -075), first reading and zoning change and site plan for Clearview Eyecare and Laser Center on property described as Lot B, Block B, Briarwood Estates; subject to the following: applicant adding landscaping as presented; site plan review summary No. 2, dated September 26, 2012 and staff report dated September 28, 2012. Motion: Morris Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Wang, Zito Approved: 6 -0 7B. ORDINANCE NO. 1049 (CP12 -005), 1 ST READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON PROPERTY DESCRIBED AS JAMES L. CHIVERS SURVEY, TRACTS 2D01 AND 2D01A, ABSTRACT NO. 348, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 930 E. DOVE RD., SOUTHLAKE, TARRANT COUNTY, TEXAS CURRENT ZONING: SF -1A- SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. PROPOSED ZONING: R- PUD — RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #2. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON NOVEMBER 6, 2012). APPROVED Director of Planning and Development Services Ken Baker presented items 7B and 7C. Mr. Baker's presentation included: future and existing land use plan; current zoning; aerial view; development plan; development /pedestrian access plan; and tree REGULAR CITY COUNCIL MEETING MINUTES, October 16, 2012 Page 7 of 9 conservation plan. The Planning and Zoning Commission, at their October 4, 2012 meeting, approved CP12 -005, subject to staff report dated September 28, 2012. The Commission also approved ZAl2 -083 (item 7C), subject to site plan review summary No. 2, dated August 26, 2012; staff report dated September 28, 2012; proper signage for the roads pursuant to city engineer standards and applicant's willingness to work with the city to make any mitigation required regarding radius of the street. Applicant representative Koose Maykus presented request and responded to questions from Council. Applicant and Council discussed the proposed development plan. A motion was made to approve Ordinance No. 1049 (CP12 -005), first reading and Land Use Plan amendment from low density residential to medium density residential on property described as James L. Chivers Survey, Tracts 2D01 and 2D01A; subject to the following: Planning and Zoning Commission recommendation and staff report dated October 10, 2012. Motion: Morris Second: Wang Ayes: Bledsoe, Morris, Schelling, Wang, Zito Nays: Muller Approved: 5 -1 7C. ORDINANCE NO. 480 -627 (ZAl2 -083), 1 ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR OAK BEND ON PROPERTY DESCRIBED AS JAMES L. CHIVERS SURVEY, TRACTS 2D01 AND 2D01A, ABSTRACT NO. 348, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 930 E. DOVE RD., SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: SF -1A- SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. PROPOSED ZONING: R -PUD— RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #2. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON NOVEMBER 6, 2012). APPROVED Council discussed this request in conjunction with item 7B. Mayor Pro Tern Bledsoe announced that the following people did not wish to speak, but were in favor of the item: W. Ken Stewart, 2421 Spring Valley Drive, Bedford; Chuck Hallett, 6504 Horeshoe Bend, Colleyville; Brenda Gilmore, 2920 West Shady Grove Road, #206, Irving; and Ted Apodace, 930 East Dove Road. A motion was made to approve Ordinance No. 480 -627 (ZAl2 -083), first reading, zoning change and development plan for Oak Bend on property described as James L. Chivers Survey, Tracts 2D01 and 2D01A, located at 930 East Dove Road; subject to the following: eastern boundary fence will be five -foot wrought iron with landscaping; 100- REGULAR CITY COUNCIL MEETING MINUTES, October 16, 2012 Page 8 of 9 feet paved cul -de -sac; future trail connection to have signage attached; developer will provide for fence to be opened at such time when a future trail connection is made to the development's trail; minimum floor plan will be 4,000 square feet; entry feature designs will be presented at second reading; street lights located at curves in the roadway; rumble strip installed and to work with staff on protective accommodations on the crosswalk; preserving 200 -foot front entryway as shown on the plan; site plan review summary No. 2, dated August 26, 2012 and staff report dated October 10, 2012. Motion: Morris Second: Wang Ayes: Bledsoe, Morris, Muller, Schelling, Wang, Zito Approved: 6 -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) 11. MEETING ADJOURNED. Mayor Pro Tern Bledsoe adjourned the meeting at 9:05 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: Alicia Richardson, TRMC City Secretary REGULAR CITY COUNCIL MEETING MINUTES, October 16, 2012 Page 9 of 9