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2013-01-15UCITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: January 15, 2013 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: 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 Orlowski, Communication and Website Manager Pilar Schank, Deputy Director of Community Services Kari Happold, Assistant to the Director Candice Edmondson, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Planner II Richard Schell, Police Chief Steve Mylett, 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 Terrell at 5:38 p.m. 2. INVOCATION Mr. Clayton Reed gave the invocation. Mayor Terrell led the pledge of allegiance. 3. LOCAL BUSINESS REPORT Director of Economic Development Greg Last introduced Mr. John Morris with Bonefish Grill. Mr. Morris provided a description of the services provided, hours of operation, and location of business. 4. CONSIDER AND PROVIDE FEEDBACK ON SERVICE LEVEL OPTIONS FOR RESIDENTIAL SOLID WASTE AND RECYCLING COLLECTION. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 Page 1 of 17 Assistant City Manager Jim Blagg outlined four service level options for Council's consideration. Council and staff discussed the options. Council directed staff to move forward with option 2. 5. 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. City Staff made presentations on item 6C—variance to Ordinance No. 557 for a portable building at Forest Park Medical Center; 6D—Resolution No. 12-053 (ZA12-102) specific use permit for Metro PCS; and 6F—Ordinance No. 1055, dedicate right of way from Johnson Place Park. At the request of Council member Wang, consent agenda items 41—amending Fiscal Year 2013 Crime Control and Prevention District multi-year capital improvements plan and 4J—ratify purchase of property located at 570 East Dove Road were removed from the consent agenda. Mayor Terrell announced that consent agenda item 4N—Resolution No. 13-002, appointment to the Planning and Zoning Commission would be removed and tabled to a future Council meeting. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor John Terrell at 6:32 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 and Section 551.074: deliberation regarding personnel. City Council adjourned for Executive Session at 6:32 p.m. Executive Session began at 6:44 p.m. and concluded at 7:50 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 8:09 p.m. Mayor Terrell asked if any action was necessary from Executive Session. There was no action taken by Council. 3. REPORTS 3A. MAYOR'S REPORT REGULAR CITY COUNCIL -MEETING MINUTES, JANUARY 15, 2013 Page 2 of 17 None. 3B. CITY MANAGER'S REPORT None. 4. CONSENT AGENDA 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 DECEMBER 4, 2012 CITY COUNCIL MEETING. 4B. APPROVE A ONE -YEAR PLAT EXTENSION FOR SADDLEBACK RIDGE ESTATES PRELIMINARY PLAT (ZA06 -030) AND FINAL PLAT (ZA06 -185) LOCATED AT 330 THROUGH 360 WEST BOB JONES ROAD. 4C. APPROVE A ONE YEAR EXTENSION OF THE PLAT REVISION FOR LOT 1R2R, BLOCK 1, SABRE GROUP CAMPUS (ZA11 -044), BEING A REVISION OF LOTS 1R2 AND 2R, BLOCK 1, SABRE GROUP CAMPUS, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, TRACT 1 F, U. P. MARTIN SURVEY, ABSTRACT NO. 1015 AND TRACT 1G, U. P. MARTIN SURVEY, ABSTRACT NO. 1958, SOUTHLAKE, TARRANT COUNTY, TEXAS. 4D. ZAl2 -114, PLAT REVISION FOR LOT 16R, BLOCK 6, CARILLON PHASE 1A, ON PROPERTY DESCRIBED AS LOT 16, BLOCK 6 OF CARILLON PHASE 1A, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 701 MONTE CARLO DRIVE, SOUTHLAKE, TEXAS. SPIN #3. 4E. APPROVE A RESIDENTIAL DEVELOPER'S AGREEMENT WITH KELLER WATERMERE LP FOR VERANDAS AT SOUTHLAKE, PHASE I. 4F. AUTHORIZE STAFF TO EXECUTE DEVELOPER AGREEMENTS WITH HINES -GTIS CARILLON, LLC FOR CARILLON DEVELOPMENT PHASES. 4G. APPROVE THE PURCHASE OF SIX LIFEPAK 15 CARDIAC MONITORS FROM PHYSIO- CONTROL, INC IN THE AMOUNT OF $255,837. 4H. RESOLUTION NO. 13 -001, APPOINT A CHAIRPERSON OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE FOR THE 2013 CALENDAR YEAR. 41. COUNCIL REMOVED ITEM FROM CONSENT AGENDA. 4J. COUNCIL REMOVED ITEM FROM CONSENT AGENDA. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 Page 3 of 17 4K. ORDINANCE NO. 1058, 1ST READING, APPROVE ORDINANCE TO ABANDON AN EASEMENT LOCATED IN THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 251. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 5, 2013.) 4L. ORDINANCE NO. 1059, 1 ST READING, APPROVE ORDINANCE TO ABANDON A PERMANENT EMERGENCY ACCESS EASEMENT LOCATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 5, 2013.) 4M. ORDINANCE NO. 480-633, (ZA12-115), 1ST READING, ZONING CHANGE AND CONCEPT PLAN FOR LOT 1, BLOCK 1, GINGER'S KNOLL ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS; LOCATED AT 823 SOUTH PEYTONVILLE AVENUE, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "SF -20A" - SINGLE FAMILY RESIDENTIAL DISTRICT. THE REQUESTED ZONING IS "SF -1 A" - SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #10. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 5, 2013.) 4N. COUNCIL REMOVED ITEM FROM CONSENT AGENDA. 40. ORDINANCE NO. 480-629 (ZA12-087), 2ND READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR WILLIAMSBURG ESTATES ON PROPERTY DESCRIBED AS TRACTS 1 C1 A, 1 C1 B, 1 C2 AND 1 F, T. MARTIN SURVEY, ABSTRACT NO. 1134, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 2600 KIRKWOOD BOULEVARD, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "NR -PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT. THE REQUESTED ZONING IS "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #1. (THE APPLICANT HAS REQUESTED THAT THIS ITEM BE TABLED TO THE FEBRUARY 19, 2013 MEETING. IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 19, 2013.) 4P. ORDINANCE NO. 480-628, (ZA12-088), ZONING CHANGE AND DEVELOPMENT PLAN FOR SAVANNAH ESTATES ON PROPERTY DESCRIBED AS TRACTS 1 B, 1 B2, 1132A, 1 B2A1, 1 B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B, 4131, 4132, 5A, 5A1, 5A1 A, 5B, 5C, 6A, 6A1, 6A1 A, 6A2, 6A2A, AND 6B, R.P. ESTES SUBDIVISION AND TRACTS 1B, 1131, 1131A, 1 B1 A1, 113113, 1131131, 1131C, 113113, AND 1132, T. MARTIN SURVEY, ABSTRACT NO. 1134, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND GENERALLY LOCATED AT THE NORTHWEST CORNER OF WEST DOVE ROAD AND STATE HIGHWAY 114, SOUTHLAKE, TARRANT COUNTY, TEXAS. THE CURRENT ZONING IS "NR -PUD" NON RESIDENTIAL PLANNED UNIT DEVELOPMENT, "AG" AGRICULTURAL DISTRICT AND "S - REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 a , Page 4 of 17 P-1" DETAILED SITE PLAN DISTRICT. THE PROPOSED ZONING IS "R - PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #5. (THIS ITEM HAS BEEN TABLED TO THE FEBRUARY 5, 2013 CITY COUNCIL. IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 19, 2013.) 40. ORDINANCE NO. 1051 (CP12-004), LAND USE PLAN AMENDMENT FROM MIXED USE AND LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR SAVANNAH ESTATES ON PROPERTY DESCRIBED AS TRACTS 1 B, 1 B2, 1132A, 1 B2A1, 1 B2A2, 2A, 213, 2C, 3, 4A, 4A1, 4A2, 4A3, 413, 4131, 4132, 5A, 5A1, 5A1 A, 5B, 5C, 6A, 6A1, 6A1 A, 6A2, 6A2A, AND 613, R.P. ESTES SUBDIVISION AND TRACTS 113, 1131, 1131A, 1 B1 A1, 113113, 1 B1131, 1 B1 C, 1 B1 D, AND 1 B2, T. MARTIN SURVEY, ABSTRACT NO. 1134, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND GENERALLY LOCATED AT THE NORTHWEST CORNER OF WEST DOVE ROAD AND STATE HIGHWAY 114, SOUTHLAKE, TARRANT COUNTY, TEXAS. THE CURRENT ZONING IS "NR -PUD" NON RESIDENTIAL PLANNED UNIT DEVELOPMENT, "AG" AGRICULTURAL DISTRICT AND "S -P-1" DETAILED SITE PLAN DISTRICT. THE PROPOSED ZONING IS "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #5. (THIS ITEM HAS BEEN TABLED TO THE FEBRUARY 5, 2013 CITY COUNCIL. IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 19, 2013.) 4R. ZA12-122, SITE PLAN FOR FOREST PARK MEDICAL CENTER AT SOUTHLAKE PARKING GARAGE ELEVATIONS ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, SOUTHLAKE MEDICAL DISTRICT, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 421 EAST STATE HIGHWAY 114 (ALSO ADDRESSED AS 441 EAST STATE HIGHWAY 114), SOUTHLAKE, TEXAS. CURRENT ZONING IS "S -P-2" GENERALIZED SITE PLAN DISTRICT. SPIN #7. (THE APPLICANT HAS WITHDRAWN THIS APPLICATION.) 4S. ORDINANCE NO. 1056, 1ST READING, MOBILITY AND MASTER THOROUGHFARE PLAN AMENDMENT FOR THE ALIGNMENT OF SOUTH VILLAGE CENTER DRIVE EXTENDING FROM EAST SOUTHLAKE BOULEVARD (FM 1709) TO SOUTH NOLEN DRIVE. (THIS ITEM IS TABLED TO THE FEBRUARY 5, 2013 MEETING. IF APPROVED ON FIRST READING, A PUBLIC HEARING WILL BE HELD ON FEBRUARY 19, 2013). 4T. ORDINANCE NO. 480-630 (ZA12-090), 2ND READING, ZONING CHANGE AND CONCEPT PLAN FOR SOUTHLAKE PARK VILLAGE ON PROPERTY DESCRIBED TRACTS 4,41) AND 4G, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1001 EAST SOUTHLAKE BLVD. AND 400 AND 430 SOUTH CARROLL AVENUE, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "SP -2" GENERALIZED SITE PLAN DISTRICT AND "AG" AGRICULTURAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 Page 5 of 17 DISTRICT. THE REQUESTED ZONING IS "SP -2" GENERALIZED SITE PLAN DISTRICT. SPIN #9. (THIS ITEM WAS WITHDRAWN BY THE APPLICANT.) 4U. ZA12-091, PRELIMINARY PLAT FOR LOT 1, BLOCK 1 AND LOT 1, BLOCK 2, SOUTHLAKE PARK VILLAGE ON PROPERTY DESCRIBED AS TRACTS 4, 4D AND 4G, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 1001 EAST SOUTHLAKE BOULEVARD AND 400 AND 430 SOUTH CARROLL AVE., SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "S -P-2" GENERALIZED SITE PLAN DISTRICT AND "AG" AGRICULTURAL DISTRICT. THE PROPOSED ZONING IS "S -P-2" GENERALIZED SITE PLAN DISTRICT. SPIN #9. (THIS ITEM WAS WITHDRAWN BY THE APPLICANT.) As discussed in work session, Council removed 41, 4J and 4N from the consent agenda. A motion was made to approve the consent agenda as presented. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 Council took action on items 41 and 4J removed from the consent agenda. 41. AMEND THE FY 2013 CRIME CONTROL AND PREVENTION DISTRICT MULTI-YEAR CAPITAL IMPROVEMENTS PLAN IN THE AMOUNT OF $133,157 FOR PUBLIC ART AT THE DPS NORTH TRAINING FACILITY. APPROVED A motion was made to approve item 41 as presented. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito Nays: Wang Approved: 6-1 4J. RATIFY THE PURCHASE OF PROPERTY LOCATED AT 570 EAST DOVE ROAD. APPROVED A motion was made to approve item 4J as presented. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 Page 6 of 17 Nays: Wang, Zito Approved: 5-2 REGULAR AGENDA: 5. PUBLIC FORUM 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. This item was intentionally left blank. 6B. This item was intentionally left blank. 6C. VARIANCE TO MASONRY ORDINANCE NO. 557, AS AMENDED, FOR A PORTABLE BUILDING AT FOREST PARK MEDICAL CENTER AT SOUTHLAKE ON PROPERTY DESCRIBED AS LOT 5, BLOCK 1, SOUTHLAKE MEDICAL DISTRICT, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 335 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "S- P -2" GENERALIZED SITE PLAN DISTRICT. SPIN #7. PUBLIC HEARING APPROVED Planner II Richard Schell presented item to Council and was available to answer questions. 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 a variance to the Masonry Ordinance No. 557, for a portable building at Forest Park Medical Center in Southlake for a period not to exceed twenty-four (24) months. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 6D. RESOLUTION NO. 12-053 (ZA12-102), SPECIFIC USE PERMIT FOR TELECOMMUNICATIONS TOWERS, ANTENNAS, AND ANCILLARY STRUCTURES FOR METRO PCS ON AN EXISTING TOWER ON PROPERTY BEING DESCRIBED AS LOT 3135, BLOCK 1, MIRON SUBDIVISION, SOUTHLAKE, TARRANT COUNTY, TEXAS; LOCATED AT 340 MIRON DRIVE, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS B-1 - BUSINESS SERVICE PARK DISTRICT. SPIN #8. PUBLIC HEARING REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 Page 7 of 17 APPROVED Director of Planning and Development Services Ken Baker presented this item during work session. 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 Resolution No. 12-053, a specific use permit for telecommunications towers, antennas, and ancillary structures for Metro PCS. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Nays: Zito Approved: 6-1 Muller, Schelling, Terrell, Wang 6E. ZA12-111, SITE PLAN FOR THOMASVILLE FURNITURE TO INCLUDE A VARIANCE TO THE MASONRY ORDINANCE 557, AS AMENDED ON PROPERTY DESCRIBED AS LOT 1, BLOCK 2, VILLAGE CENTER ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS; LOCATED AT 1600 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "C-3" GENERAL COMMERCIAL DISTRICT. SPIN #8. PUBLIC HEARING APPROVED Planner II Richard Schell presented item to Council and was available to answer questions. 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 ZA12-111, site plan for Thomasville Furniture to include a variance to the Masonry Ordinance No. 557; subject to the staff report dated January 9, 2013 and the revised site plan review summary No. 2, dated December 8, 2012. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 6F. ORDINANCE NO. 1055, 2ND READING, DEDICATE RIGHT OF WAY FROM JOHNSON PLACE PARK, LOT 1, BLOCK 1, JOHNSON PLACE ADDITION FOR FM 1938. PUBLIC HEARING REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15; 2013 Page 8 of 17 Waus d, Director of Public Works Bob Price presented this item during work session. 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. 1055 on the second reading for the dedication of right of way from Johnson Place Park. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE DEDICATING STREET RIGHT OF WAY FROM CITY OWNED PARK PROPERTY DESCRIBED AS LOT 1, BLOCK 1, JOHNSON PLACE ESTATES ADDITION IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH RIGHT OF WAY IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT OF WAY DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Terrell announced that items 6G—Ordinance No. 1054 and 6H—Ordinance No. 1053 would be moved to the end of the agenda. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 480-632 (ZA12-093), 1ST READING, ZONING CHANGE AND SITE PLAN FOR THE ZELDA OFFICE DEVELOPMENT CENTER ON PROPERTY DESCRIBED AS A PORTION OF TRACT 3A, OBEDIAH W. KNIGHT, SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 803 EAST SOUTHLAKE BOULEVARD. THE CURRENT ZONING IS "AG" AGRICULTURAL DISTRICT. THE PROPOSED ZONING IS "0-1" OFFICE DISTRICT. SPIN #9. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 5, 2013.) APPROVED Director of Planning and Development Services Ken Baker presented item and was available to answer questions. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 Page 9 of 17 Applicant representative Skip Blake presented request and was available to answer questions. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. Mrs. Helen Hayes, 807 East Southlake Boulevard, spoke during the public hearing. There being no else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 480-632, 1St reading for zoning change and site plan for the Zelda Office Development Center, subject to the following: revised review summary No. 3, dated January 3, 2012 [sic]; staff report dated January 9, 2013; approving variances for the eight -foot solid fence, five-foot type "A" bufferyard and driveway stacking depth; and noting applicant's compliance with the City's cross driveway access plan on the northern portion of the property and the eastern property owner having the ability to tie into the driveway if and when development is contemplated in the future. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 7B. ORDINANCE NO. 1052 (CP12-006), 1ST READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON PROPERTY DESCRIBED AS TRACTS 8CO2, 8D01, 81303 AND A PORTION OF TRACT 8C, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOTS 8, 9131 AND 10, T.M. HOOD NO. 706 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 200, 220, 280, 300, 310, 320 AND 340 WEST HIGHLAND STREET, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "AG" AGRICULTURAL DISTRICT AND "SF1-B" SINGLE FAMILY RESIDENTIAL DISTRICT. THE REQUESTED ZONING IS "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #5. THIS ITEM WAS TABLED AT THE DECEMBER 4, 2012 MEETING. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 5, 2013.) APPROVED Planner II Richard Schell presented items 7B and 7C and was available to answer questions. Applicant representative Paul Spain presented request and was available to answer questions. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 Page 10 of 17 A motion was made to approve Ordinance No. 1052, 1St reading for land use plan amendment from low density to medium density residential on property described as tracts 8CO2, 8D01, and 8D03, subject to the staff report dated January 9, 2013. Motion: Bledsoe Second: Wang Ayes: Bledsoe, Morris, Schelling, Terrell, Wang Nays: Muller, Zito Approved: 5-2 7C. ORDINANCE NO. 480-631 (ZA12-099), 1ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR HIGHLAND OAKS ON PROPERTY DESCRIBED AS TRACTS 8CO2, 8D01, 811303 AND A PORTION OF TRACT 8C, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOTS 8,9131 AND 10, T.M. HOOD NO. 706 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 200, 220, 280, 300, 310, 320 AND 340 WEST HIGHLAND STREET, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "AG" AGRICULTURAL DISTRICT AND "SF -1113" SINGLE FAMILY RESIDENTIAL DISTRICT. THE REQUESTED ZONING IS "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #5. THIS ITEM WAS TABLED AT THE DECEMBER 4, 2012 MEETING. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 5, 2013.) APPROVED This item was presented in conjunction with 7B. A motion was made to approve Ordinance No. 480-631, 1St reading, zoning change and development plan for Highland Oaks; subject to development plan review summary No. 3, dated January 9, 2013 and the applicant Providing exhibit "A" known as the Highland Oaks design guidelines dated December 12t . Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA) 9. OTHER ITEMS FOR CONSIDERATION: 9A. VARIANCE TO LIGHTING ORDINANCE NO. 693, AS AMENDED, FOR THE CARROLL ISD SENIOR HIGH SCHOOL BASEBALUSOFTBALL FIELDS LOCATED AT 1501 WEST SOUTHLAKE BOULEVARD. SPIN #10. APPROVED REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 Page 11 of 17 At the request of Council, City Attorney E. Allen Taylor provided the legal outline associated with the request. Director of Planning and Development Services Ken Baker presented item and was available to answer questions. Mr. Read Ballew, Board of Trustees President; Dr. Derek Citty, Assistant Superintendent for Administrative Services; and Dr. David Faltys, Superintendent presented Carroll Independent School District's request and were available to answer questions. 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. City Council adjourned for Executive Session at 10:44 p.m. Executive Session began at 10:50 p.m. and concluded at 11:01 p.m. Mayor Terrell opened the public hearing and advised that he would call on those who submitted request to speak cards. The following people spoke in support of the request: Mr. Mack Morgan, 420 West Chapel Downs Drive; Alexa Wimberley, 702 Wentwood Drive; Ms. Jamie Wimberley, 702 Wentwood Drive; Mr. David Spuria, 1880 Randol Mill Avenue; Mr. Stanley Walter, 1907 Water Lily Drive; Mr. Curtis Green, 1211 Ridgewood Circle; Mr. Bob Morgan, 420 West Chapel Downs Drive; Ms. Nancy Morgan, 420 West Chapel Downs Drive; Mr. Jim Lehane, 714 Saxon Trail; Mr. Jim Motley, 1602 Stonebury Court; Mr. Robert Leeper, 1207 Meadow Ridge Court; Mr. Sam Timothy, 715 Kent Court; Ms. Christina Andrews, 3009 Loch Meadow Court; Mr. Paul Schneider, 735 Ashleigh Lane; and Ms. Katya Muller, 1706 Teasley. The following people spoke in opposition of the request: Mr. Sean Roberts, 1405 Richmond Court; Mr. Ray Semadeni, 1402 Park Place; Mr. James Keoughan, 501 Stratford Drive; Mr. Jim Vanden Dyssel, 1310 Normandy Court; Mr. Paul Shuga, 1408 Wedgewood Court; Mr. Matt Williams, 810 Stratford; Mr. Erthel Mincey, 1412 Stone Lakes Drive; Mr. Mike Vassios, 1410 Park Place; Mr. David Lapke (no address provided); Ms. Priscilla Nieland, 1309 Stone Lakes Drive; Mr. Ken Schmiedel, 1410 Dartmouth Drive; Ms. Jinx Howell, 1408 Park Place; Mr. Grayson Autry, 1408 Wedgewood Court; and Mr. Paul Wesebaum, 402 Sheffield Drive. The following submitted a request to speak card, but were not present when their name was called: Ms. Ruth Lentz, 1305 Normandy Drive; Mr. David Proudman, 1205 Forest Hills Drive; and Mr. Colby Swagerty, 610 Park Place Court. The following people did not wish to speak, but asked that their support be entered into the record: Mr. Ed Agnew, 1001 Meadow Court; Mr. David & Mrs. Margaret Altimont, 520 Round Hollow Lane; Ms. Maryann Alexander, 1208 Sarah Park Trail; Ms. Sue Armstrong, 910 Edgemeer Lane; Dakota Arther (no address provided); Mr. Charles Ashby, 1215 Ridgewood; Mr. Brian Baza, 1208 Ridgewood; Ms. Maddie Beck, 2019 REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 Page 12 of 17 Heatherbrook, Grapevine, Texas; Sydney Bedford, 1331 Shady Oaks; Keely Bessire (no address provided); Marty Bellamy, 1850 Johnson Court Grapevine Texas; Mr. Hobert Brown, 2737 Lonesome Dove, Grapevine, Texas; Kaeley Brown, 1821 Beam Drive; Mr. Barry Sr. & Mrs. Margaret Casey, 3409 Madison Court; Mr. Barry James Casey, 3409 Madison Court; Sam Casey, 3409 Madison Court; Ms. Elaine Cox, 1016 Quail Run Road; Mr. Kevin Cox, 718 Edward Court; Ms. Alanna Cruciani, 1603 Enclave Court; Mr. Craig Dalton, 1207 Ridgewood Circle; Ms. Katy DeLeon (no address provided); Ms. Alexis Dhanani, 1615 Randol Mill Avenue; Mr. Shawn & Mrs. Christie Duhon, 2012 Vail Road; Ms. Alyssa Eubank, 801 Oakcrest Court; Mr. Curtis Ewers, 2605 South Quail Run Court; Bailey Farmer, 1434 Eagle Bend Drive; Mr. Russell Floyd, 1609 Regal Oaks Drive; Mr. Stephen & Mrs. Lesa Fukuchi, 806 Hillcrest Trail; Faron Fukuchi, 806 Hillcrest Trail; Mr. Jim Gardner, 1008 Hanover Drive; Cam Green, 1211 Ridgewood Circle; Carson Green, 1211 Ridgewood Circle; Cat Green, 1211 Ridgewood Circle; Kirrily Gross (no address provided); Ms. Mackenzie Gross (no address provided); Mr. Todd & Mrs. Julie Hale, 102 Springbrook Court; Mr. Garrett Hale 102 Springbrook Court; Mr. David & Mrs. Patricia Heintzelman, 1212 Kings Brook Drive; Ms. Lauren Heintzelman, 1212 Kings Brook Drive; Mr. Joseph Heineman, 303 Timber Lake Way; Ms. Martha Heineman, 303 Timber Lake Way; Ms. Christina Hill (no address provided); Mr. Kenny Hill, 1360 Shady Oaks Drive; Mr. Kenny Hill, 1360 Shady Oaks Drive (different signatures and phone numbers); Mr. Kenny Hill, 1100 E. Southlake Boulevard; Ms. Amber Hill (no address provided); Stacey Jeter, 2108 Estes Park Drive; Mr. Stu Kiefer, 706 Chatham Court; Mr. Ben Kiefer, 706 Chatham Court; Charlie Kiefer, 706 Chatham Court; Ms. Mindy Kiefer, 706 Chatham Court; Tyler Kiefer, 706 Chatham Court; Tyler Kiefer, 706 Chatham Court; Chris Knipp, 447 Marshall Road; Ms. Ashley Lail, 4225 FM, Alvarado, Texas; Mr. Vincent LaPietra, 706 Kent Court; Mr. Robert & Mrs. Diana Leeper, 1207 Meadow Ridge Court; Mr. Ben Leeper, 1207 Meadow Ridge Court; Ms. Wendy Lehane, 714 Saxon Trail; Ms. Jacqui Lehane, 714 Saxon Trail; Ms. Madison Lewis (no address provided); Mr. Jeff Lucas, 101 Wilmington Court; Mr. Michael & Mrs. Laura Manning, 206 Swallow Drive; Mr. Cole Manning, 206 Swallow Drive; Ms. Courtney Manning, 206 Swallow Drive; Jordan Marquez, 1615 Randol Mill Avenue; Ms. Marsalyn Motley, 1602 Stonebury Court; Ms. Kara McCormick, 808 Parkdale Court; Ms. Briana McDuff, 802 Boston Drive; Mr. James S. & Mrs. Amanda McLendon, 416 W. Chapel Downs Drive; Ms. Gretchen Morgan, 420 West Chapel Downs Drive; Ms. Gretchen Morgan, 420 West Chapel Downs Drive(different signatures and phone numbers); Mariko Muller, 2930 Willow Creek; Mr. Sheldon Neuse, 455 Sugarbush Court, Fort Worth, Texas; Mr. Mike & Mrs. Kell! Ramage, 904 Canterbury Court; Kameron Ramage, 904 Canterbury Court; Mr. Chip Reid, 1100 East Southlake Boulevard; Heidi Reid (no address provided); Alex Schneider, 735 Ashleigh Lane; McKenzie Schneider, 735 Ashleigh Lane; Mr. Dylan Smith, 1410 Laurel Lane; Ms. Catherine Smith, Newcastle; Chandler Smith, 2719 Newcastle Drive, Grapevine, Texas; Cheyenne Smith, 2719 Newcastle Drive, Grapevine, Texas; Ms. Deanna Spuria, 1880 Randol Mill Avenue; Ms. Nikki Spuria, 1880 Randol Mill Avenue; Ms. Jill Stephenson, 1270 Lakeway Drive; Mr. Bradley Taylor, 1556 South Gravel Circle; Ms. Michelle Tempesta, 1100 Longford Circle; Mr. Ned Tempesta, 1100 Longford Circle; Zoe Tempesta, 1100 Longford Circle; Ms. Jessica Tunink, 1403 Dartmouth Drive; Mr. Devon Walter, 1907 Water Lily; Ms. Patti Walter, 1907 Water Lily; Mr. Jay Wasserman, 520 REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 Page 13 of 17 West Highland Street; Ms. Tina Wasserman, 520 West Highland Street; Ms. Angela Weisgarber, 811 Aberdeen Way; Mr. Kevin Williams, 1201 Del Mar Drive; Mr. Ken Wilson, 3009 Loch Meadow; Mr. Jim Wimberly, 702 Westwood Drive; Mr. Greg Zenoble, 3517 North Gravel Circle; Ms. Robyn Zier, 820 Pearl Drive; Ms. Annie Zvonecek, 513 Fox Glen; and Brian Zvonecek, 513 Fox Glen. The following people did not wish to speak, but asked that their opposition be entered into the record: Ms. Megann Agnew, 1001 Meadow Court; Mr. Ed & Mrs. Kathryn Armstrong, 11102 Cambridge Crossing; Ms. Mary Baker, 1404 Dartmouth; Mr. Jeff Blanchard, 1404 Mayfair Place; Ms. Jennifer Blanchard, 1404 Mayfair Place; Mr. Earnest Brashear, 1410 Stone Lakes Drive; Mr. Jason & Mrs. Casie Couch, 1412 Park Place; Ms. Jenna Eads, 1417 Park Place; Mr. Jim & Mrs. Natalie Eads 1417 Park Place; Mr. Ryan Eads, 1417 Park Place; Desmond Fernandes, 201 Waterford Drive; Ms. Danielle Ferri, 1415 Park Place; Mr. Jimmy & Mrs. Maggie Garcia, 1402 Wedgewood Court; Ms. Sarah Gauch, 1406 Richmond Court; Mr. Michael & Mrs. Colleen Gobbi, 1403 Stone Lakes Drive; Ms. Deanna Goodman, 1427 Dartmouth Drive; Alida Gorman, 1406 Mayfair Place; Mr. John & Mrs. Teresa Gorman, 1406 Mayfair Place; William Gorman, 1406 Mayfair Place; Ms. Elyse Johnson, 1401 Park Place; Mr. Scott & Becky Johnson, 1401 Park Place; Ms. Hyon-chin Keoughan, 501 Stratford Drive; Mr. Robert & Mrs. Marla Kietzman, 1405 Brighton Court; Mr. Brad Kraft, 1404 Dartmouth; Leslie Lambert, 201 Waterford Drive; Mr. Ronald & Mrs. Linda Lambeth, 1407 Park Place; Mr. Gary & Mrs. Cindy Landry, 602 Park Place; Mr. Donald & Mrs. Jane Langlais, 614 Park Place Court; Ms. Jane Lash, 1007 Normandy Drive; (did not speak) Mr. Lucio & Mrs. Lauren Laredo, 1409 Mayfair Place; Mr. Robert Lash, 1007 Normandy Drive; Mr. Jay Liu, 1419 Park Place; Mr. Kevin Liu, 1419 Park Place; Mr. Terrence Liu, 1419 Park Place; Ms. Lisa Lockhart, 1003 Normandy Drive; Mr. Radha Mahapatra, 1405 Park Place; Mr. Steve & Mrs. Heidi Mamerow, 1404 Park Place; Mr. Todd Margotta, 1401 Stone Lakes Drive; Mr. Paul Matthews, 1418 Park Place; Mr. Mike McCloskey, 902 Bristol Court; Ms. Denise McCormick, 1401 Brighton Court; Mr. James Naughton, 1402 Richmond Court; Ms. Lela Naughton, 1402 Richmond Court; Mr. David Nieland, 1309 Stone Lakes Drive; (did not speak) Kyle O'Hara 600 Park Place Court; Jordan O'Hara, 600 Park Place Court; Mr. Mike & Mrs. Robin O'Hara, 600 Park Place Court; Mr. David & Mrs. Cindy Parente, 1406 Park Place; Mr. H. Todd & Mrs. Jennifer Prince, 1404 Richmond Court; V. Reynolds, 902 Bristol Court; Ms. Cynthia Robinson, 1416 Park Place; Mr. Robert & Mrs. Nicki Roessler, 609 Boardwalk Avenue; Mr. Dennis Rogers, 1420 Park Place; Ms. Sheila Rogers, 1420 Park Place; Mr. Kerry Seitz, 1400 Park Place; Ms. Beth Semadeni, 1402 Park Place; Ms. Andrea Seyler, 1407 Dartmouth Drive; Ms. Shelly Shuga, 1408 Wedgewood Court; Mr. Greg & Mrs. Angela Smith, 611 Park Place Court; Mr. Rick & Mrs. Susie Stephens, 606 Park Place Court; Mr. Gordy & Mrs. Carol Vanyo, 1414 Park Place; Ms. Haley Vassios, 1410 Park Place; Ms. Lisa Vassios, 1410 Park Place; Mr. Scott & Mrs. Ginny Wenger, 615 Park Place Court; Ms. Holly Wesebaum, 402 Sheffield Drive; Mr. Rich & Mrs. Patty Williams, 1405 Wedgewood Court; Mr. Steve & Mrs. Kathy Wurth, 307 Waterford Court; Mr. Geoff & Mrs. Patricia Yust, 204 Manor Place; and Ms. Jennifer Zhang, 1419 Park Place. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 Page 14 of 17 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. City Council adjourned for Executive Session at 12:42 a.m. Executive Session began at 12:43 a.m. and concluded at 12:48 a.m. A motion was made to approve the variance to the Lighting Ordinance No. 693, specifically approving the variances regarding intensity, horizontal spillover, vertical spillover, luminance and type of lighting. Motion: Bledsoe Second: Schelling Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 Mayor Terrell moved to item 4N. 4N. APPROVE RESOLUTION NO. 13-002, APPOINT A MEMBER TO THE PLANNING AND ZONING COMMISSION. TABLED A motion was made to table Resolution No. 13-002 to the February 19, 2013 City Council meeting. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 Mayor Terrell announced that Council would move to items 6G and 6H. 6G. ORDINANCE NO. 1054, 2ND READING, APPROVE FRANCHISE AGREEMENT WITH ONCOR ELECTRIC DELIVERY COMPANY LLC. PUBLIC HEARING APPROVED Council did not require a presentation from staff. Assistant City Manager Ben Thatcher was available to answer questions. 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. 1054 a franchise agreement with Oncor Electric Delivery Company LLC. Motion: Bledsoe Second: Morris REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 Page 15 of 17 Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE GRANTING TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC POWER FRANCHISE TO USE THE PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS, PUBLIC UTILITY EASEMENTS, PUBLIC WAYS AND OTHER PUBLIC PROPERTY (PUBLIC RIGHTS- OF-WAY) OF SOUTHLAKE, TEXAS, PROVIDING FOR THE REPEAL OF ALL PRIOR FRANCHISE ORDINANCES TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS PREDECESSORS AND ASSIGNS, PROVIDING FOR COMPENSATION THEREFOR, PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE, AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC. 6H. ORDINANCE NO. 1053, 2ND READING, AMENDING SECTION 2.106 "ESTABLISHED ENUMERATION" OF ARTICLE IV " DEPARTMENTS" OF CHAPTER 2, "ADMINISTRATION" OF THE SOUTHLAKE CITY CODE, AS AMENDED TO UPDATE DEPARTMENTAL TITLES, FORMALLY ESTABLISH A HUMAN RESOURCES DEPARTMENT AND ESTABLISH A POLICE DEPARTMENT AND FIRE DEPARTMENT WHICH SHALL COLLECTIVELY BE REFERRED TO AS DEPARTMENTS OF PUBLIC SAFETY. PUBLIC HEARING APPROVED Director of Human Resources Stacey Black presented item to Council and was available to answer questions. 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. 1053, Section 2.106 "Established Enumeration" of Article IV "Departments" of Chapter 2, "Administration" of the Southlake City Code, as amended to update departmental titles and formally establish a human resources department, and police and fire departments, which shall be collectively referred to as departments of public safety. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 Page 16 of 17 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING SECTION 2.106 "ESTABLISHED; ENUMERATION' OF ARTICLE IV "DEPARTMENTS" OF CHAPTER 2, "ADMINISTRATION" OF THE SOUTHLAKE CITY CODE, AS AMENDED, TO UPDATE DEPARTMENTAL TITLES, FORMALLY ESTABLISH A HUMAN RESOURCES DEPARTMENT AND ESTABLISH A POLICE DEPARTMENT AND A FIRE DEPARTMENT WHICH SHALL COLLECTIVELY BE REFERRED TO AS DEPARTMENTS OF PUBLIC SAFETY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 1:03 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: •. ��, 0: Alicia Richardson City Secretary '''�.,,,,*,,,•�''�� REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 15, 2013 Page 17 of 17