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2013-02-19CITY 0 SOUTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING MINUTES: February 19, 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: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager Alison Orlowski, Communication and Website Manager Pilar Schank, Director of Economic Development and Tourism Greg Last, Chief Financial Officer Sharen Jackson, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Director of Community Services Chris Tribble, Deputy Director of Community Services Candice Edmondson, City Librarian Kerry McGeath, Senior Director of Planning and Development Services Ken Baker, Planner I Matt Jones, Director of Public Works Bob Price, Deputy Director of Public Works Gordon Mayer, 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. Nick Billardello gave the invocation. Mayor Terrell led the pledge of allegiance to the United States and Texas Flags. 3. LOCAL BUSINESS REPORT Director of Economic Development and Tourism Greg Last introduced Mr. Kurt Rank with U -DO -IT Pest Supply. Mr. Rank provided a description of the services provided, hours of operation, and location of business. Mayor Terrell recognized Mr. Jim Sundberg, Senior Executive Vice President/President, of the Texas Rangers Foundation. Mr. Sundberg commented on item 4F—sponsorship REGULAR 0ITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2013 - Page 1 of 16 agreement for the Miracle League Field located at Bicentennial Park. Mr. Sundberg advised that this field is one of 200 located throughout the nation. Mayor Terrell moved to item 3A2. 3A. MAYOR'S REPORT Update from State Senator Kelly Hancock's Office District Director Susan Young and Constituent Services Ann -Marie Craig of Senator Hancock's office introduced themselves and informed Council they would be involved with the district. Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with attorney, Section 551.072, deliberation regarding real property, Section 551.074, deliberation regarding personnel, Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:49 p.m. Executive Session began at 5:49 p.m. and concluded at 6:24 p.m. Mayor Terrell reconvened the meeting at 6:25 p.m. Mayor Terrell asked if any action was necessary from Executive Session. There was no action taken by Council. 4. SOUTHLAKE COMMUNITY RECREATION CENTER UPDATE Assistant City Manager Ben Thatcher and Chief Financial Officer Sharen Jackson presented Council with an update on the Community Recreation Center. The presentation included a history of the project; funding options discussed at the February 6, 2013 City Council Winter Workshop; and two funding options for the community recreation center both including an election. 5. UPDATE FROM LISA QUINN, SOUTHLAKE WOMEN'S CLUB Mayor Terrell announced that a report from the Southlake Women's Club would be placed on a future agenda. 6. 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. Mayor Terrell removed items 41 and 4J— board appointments. Director of Public Works Bob Price responded to questions from Council regarding item 4B—contract with HQS Construction, LLC for improvements to the McPherson Branch channel. ...REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19,-2013 Page 2 of 16 Council member Wang removed item 4B from the consent agenda. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:43 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 attorney, Section 551.072, deliberation regarding real property, Section 551.074, deliberation regarding personnel, Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:43 p.m. Executive Session began at 6:44 p.m. and concluded at 7:52 p.m. 213. RECONVENE Mayor Terrell reconvened the meeting at 8:01 p.m. Mayor Terrell asked if any action was necessary from Executive Session. A motion was made to direct staff in connection with the purchase of real property as previously discussed for the property known as 3927 T. W. King Road. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 3. REPORTS 3A. MAYOR'S REPORT Proclamation — National Engineer's Week Mayor Terrell recognized Southlake residents and City employees who work as licensed engineers. Mayor Terrell proclaimed the week of February 17-23, 2013 as National Engineers Week. Director of Public Works Bob Price accepted the proclamation. Update from State Senator Kelly Hancock's Office This item was discussed earlier in the meeting. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 1.9, 2013 Page 3 of 16 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 FEBRUARY 5, 2013 CITY COUNCIL MEETING. 4B. REMOVED FROM THE CONSENT AGENDA. Director of Public Works Bob Price responded to questions from the Council during work session. 4C. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 4D. APPROVE A PURCHASE FOR A PIERCE TOP -MOUNT QUANTUM PUMPER FROM SIDDONS-MARTIN EMERGENCY GROUP IN THE AMOUNT OF $676,728. 4E. RESOLUTION 13-009, AUTHORIZE THE CITY MANAGER TO APPROVE A LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE CONSTRUCTION OF A TURNAROUND BRIDGE (EAST SIDE ONLY) AT STATE HIGHWAY 114 AND CARROLL AVENUE. 4F. APPROVE MIRACLE LEAGUE FIELD SPONSORSHIP AGREEMENT WITH THE TEXAS RANGERS BASEBALL FOUNDATION AND THE MIRACLE LEAGUE OF SOUTHLAKE. 4G. RESOLUTION NO. 13-010, ACCEPTING BID FOR THE SALE OF CERTAIN PROPERTY STRUCK OFF PURSUANT TO SECTION 34.01, TEXAS PROPERTY TAX CODE. 4H. APPROVE THE PURCHASE OF MUNIS APPLICATION SUPPORT AND MAINTENANCE FROM TYLER TECHNOLOGIES IN THE AMOUNT OF $71,310.27. 41. REMOVED FROM THE CONSENT AGENDA. 4J. REMOVED FROM THE CONSENT AGENDA. 4K. ORDINANCE NO. 480-629 (ZA12-087), 2ND READING FOR A ZONING CHANGE AND DEVELOPMENT PLAN FOR WILLIAMSBURG ESTATES ON REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19,2013- Page 9,2013Page 4 of 16 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. CURRENT ZONING: "NR -PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT. REQUESTED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #1. APPLICANT HAS FORMALLY WITHDRAWN THIS REQUEST. APPROVED As a result of discussion during work session, Item 413 was removed from the consent agenda. A motion was made to approve the consent agenda as presented. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 4B. REMOVED FROM THE CONSENT AGENDA AWARD CONTRACT WITH HOS CONSTRUCTION, LLC FOR THE IMPROVEMENTS TO THE MCPHERSON BRANCH CHANNEL IN THE AMOUNT OF $507,815. APPROVED A motion was made to approve item 4B. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito Nays: Wang Approved: 6-1 REGULAR AGENDA: 5. PUBLIC FORUM Mr. Rob Johnson, 1110 Harbor Retreat, discussed the complaint he filed against Department of Public Safety employees. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2013 Page 5 of 16 6A. ORDINANCE NO. 480-620 (ZA12-030), 2ND READING FOR A 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 ROAD, SOUTHLAKE, TEXAS. CURRENT ZONING: AG — AGRICULTURAL DISTRICT. REQUESTED ZONING: S -P-2 GENERALIZED SITE PLAN ZONING DISTRICT. SPIN #1. PUBLIC HEARING. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representative Renee Esses 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. 480-620, a Zoning Change and Site Plan for Marshall Creek Ranch pursuant to the following: site plan review summary No. 6, dated February 12, 2013; approving variance for driveway stacking; noting that prior to site plan approval the applicant will present a demolition plan for the bunk house with the anticipation that the bunk house will be allowed to be used until such time the new building is constructed. 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 AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 7A, R. D. PRICE SURVEY, ABSTRACT NO. 992A, CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS, BEING APPROXIMATELY 3.686 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P-2" GENERALIZED SITE PLAN DISTRICT AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19;,201-3 Page 6 of 16 GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6B. ORDINANCE NO.480-634 (ZA12-118), 2ND READING FOR A ZONING CHANGE AND CONCEPT PLAN FOR 1150 NORTH WHITE CHAPEL BOULEVARD ON PROPERTY BEING DESCRIBED AS TRACTS 8B & 81302A, T.M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1150 NORTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL ZONING DISTRICT. REQUESTED ZONING: "SF -1A" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. SPIN #7. PUBLIC HEARING. APPROVED Planner I Matt Jones presented item and was available to answer questions from Council. Council did not require a presentation from the applicant. 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 the zoning change and concept plan for 1150 North White Chapel Boulevard pursuant to the concept plan review summary No. 3, dated February 13, 2013. 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 AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACTS 8B & 81302A, T.M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.45 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" REGULAR CT -Y COUNCIL MEETING MINUTES, FEBRUARY 19, 2013 Page 7 of 16 AGRICULTURAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6C. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 6D. SITE PLAN FOR CHICK-FIL-A (ZA12-119) ON PROPERTY DESCRIBED AS LOT 4, BLOCK 1; PERRY/ALLEN ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 2301 EAST SOUTHLAKE BOULEVARD, CITY OF SOUTHLAKE, TEXAS. CURRENT ZONING IS "C-3" GENERAL COMMERCIAL DISTRICT. SPIN #8. PUBLIC HEARING. APPROVED Senior Director of Planning and Development Services Ken Baker presented items 6D and 6E. Applicant representative Brian Burger of Burger Engineering, 1703 Preston Road, Dallas 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 ZA12-119, pursuant to site plan review summary No. 3, dated February 12, 2013. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 6E. RESOLUTION NO. 13-007, SPECIAL USE PERMIT FOR CHICK-FIL-A STORAGE BUILDING (ZA13-015) TO ALLOW CONSTRUCTION OF A PROPOSED STORAGE BUILDING ATTACHED TO THE EXISTING DUMPSTER ON PROPERTY DESCRIBED AS LOT 4, BLOCK 1; PERRY/ALLEN ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2013 Page 8 of 16 TEXAS AND LOCATED AT 2301 EAST SOUTHLAKE BOULEVARD, CITY OF SOUTHLAKE, TEXAS. CURRENT ZONING: "C-3" GENERAL COMMERCIAL DISTRICT. SPIN #8. PUBLIC HEARING. APPROVED This item was presented in conjunction with item 6D. 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 ZA13-015, specific use permit for Chick-fil-A storage building pursuant to the staff report dated February 19, 2013; site plan review summary No. 3, dated February 12, 2013; and recommending approval for the following variances: roofline on the accessory building and the setback at 5'. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 6F. RESOLUTION NO. 13-008, SPECIAL USE PERMIT (ZA13-002) FOR SALES AND SERVICE OF USED AUTOMOBILES, TRUCKS OR MOTOR HOMES FOR RICHMOND CARS ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, J.N. GIBSON NO. 591 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1215 BRUMLOW AVENUE, CITY OF SOUTHLAKE, TEXAS. CURRENT ZONING: "I-1" LIGHT INDUSTRIAL DISTRICT. SPIN #8. PUBLIC HEARING. APPROVED Planner I Matt Jones presented item and was available to answer questions from Council. Council did not require a presentation from the applicant. 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. 13-008, special use permit for sales and service of used automobiles and trucks for Richmond Cars, pursuant to the Planning and Zoning Commission recommendations and the staff report dated February 13, 2013. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2013 Page 9 of 16 Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 6G. ORDINANCE NO. 995,2 ND READING, APPOINT AN ALTERNATE MUNICIPAL JUDGE AND AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT AND PROVIDE AN EFFECTIVE DATE. PUBLIC HEARING. APPROVED Council did not require a presentation from staff. 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. 995, appointing Gary Lee Hach to alternate municipal judge and authorizing the Mayor to execute an agreement and provide an effective date. 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 APPOINTING AN ALTERNATE MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ALTERNATE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE. 6H. ORDINANCE NO. 480-LLLL, 2ND READING, AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, REMOVING REFERENCES TO FIRE HAZARD REGULATIONS WITHIN THE ZONING ORDINANCE FOR THE PURPOSE OF ELIMINATING POTENTIAL CONFLICTS WITH THE CITY'S ADOPTED FIRE AND BUILDING CODES. PUBLIC HEARING. APPROVED Senior Director of Planning and Development Services Ken Baker 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. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2013 Page 10 of 16 A motion was made to approve Ordinance No. 480-LLLL, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, removing references to fire hazard regulations within the Zoning Ordinance for the purpose of eliminating potential conflicts with the City's adopted Fire and Building Codes. Motion: Bledsoe Second: Muller 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 AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY REMOVING REGULATIONS PERTAINING TO FIRE HAZARDS FOR THE PURPOSE OF ELIMINATING CONLICTS WITH ADOPTED FIRE AND BUILDING CODES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 61. ORDINANCE NO. 1056, 2ND 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. PUBLIC HEARING. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Council discussed the item and Mayor Terrell directed staff to make a presentation to the Carroll Independent School District Board of Trustees to document future plans and agreement by both entities. Mayor Terrell advised that he prefers the Board of Trustees take official action (vote) on alignment. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. Mr. Doug Sluiter, Gateway Church representative, advised that at their February 5 congregation meeting the alignment on Gateway Church property was located more to the south than what is indicated in the presentation this evening. Mr. Sluiter wants to REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, -2013 - Page 11 of 16 make sure there is no intent to push the alignment further north on the Gateway property without additional consideration. There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1056, 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 pursuant to the following: staff making presentation to the Carroll Independent School District Board of Trustees for their consideration and acknowledgement to the extent possible; acknowledgement of text comments that with the southwest portion of this thoroughfare plan that more consideration be given to safety improvements and radius turns to the extent possible to avoid a hard left or right intersection at that location; and consideration be given to neighboring residential safety concerns at that location. 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 OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FOR AMENDMENT TO THE ADOPTED MOBILITY AND MASTER THOROUGHFARE PLAN MAP TO INDICATE THE GENERAL ALIGNMENT OF SOUTH VILLAGE CENTER DRIVE GENERALLY EXTENDING FROM EAST SOUTHLAKE BOULEVARD (FM 1709) to SOUTH NOLEN DRIVE AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL. Mayor Terrell recessed the meeting at 9:19 p.m. Mayor Terrell reconvened the meeting at 9:35 p.m. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 1051 (CP12-004), 1ST READING, 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, 1 1132A, 1 B2A1, 1 B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B, 4B1, 4B2, 5A, 5A1, 5AIIA, 5B, 5C, 6A, 6A1, 6A1 A, 6A2, 6A2A, AND 6B, R.P. ESTES SUBDIVISION AND TRACTS 1 B, 1B1, 1B1A, 1B1A1, 1B1B, 1B1B1, 1B1C, 1B1D, 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 REGULAR GMTY COUNCIL MEETING MINUTES, FEBRUARY 19, 2013 Page 12 of 16 COUNTY, TEXAS. CURRENT ZONING: "NR -PUD" NON RESIDENTIAL PLANNED UNIT DEVELOPMENT, "AG" AGRICULTURAL DISTRICT AND "S- P -1" DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #5. (IF APPROVED AT FIRST MEETING, THE PUBLIC HEARING WILL BE HELD MARCH 5, 2013.) APPROVED Planner I Matt Jones presented items 7A and 7B and was available to answer questions from Council. Applicant representatives Bobby Dollock and Mehdred Moayedi presented request and were available to answer questions. Council, staff and applicant representatives discussed the request. Council provided comments to the applicant. Mayor Terrell announced that he received public comments cards to speak on this item. Although the item is not a public hearing that he would recognize and allow both to make comments. Mr. John Paxton, 1055 West Dove Road, recommended that Dove Road be constructed with five lanes (two in each direction and one turning lane) versus four lanes and roundabout. Ms. Anne Wise, 982 West Dove Road, spoke in opposition to the request. A motion was made to approve a land use plan amendment otherwise known as Ordinance No. 1051, from mixed use and low density residential to medium density residential for Savannah Estates pursuant to the staff report dated February 13, 2013. Motion: Bledsoe Second: Wang Ayes: Bledsoe, Morris, Schelling, Terrell, Wang Nays: Muller, Zito Approved: 5-2 7B. ORDINANCE NO. 480-628, (ZA12-088), 1ST READING, 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, 6A1A, 6A2, 6A2A, AND 613, R.P. ESTES SUBDIVISION AND TRACTS 1B, 1131, 11311A, 1 B1 A1, 1131113, 1131131, 11131C, 11131D, 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. CURRENT ZONING: "NR -PUD" NON RESIDENTIAL REGULAR CITY COUNCIL MEETING MINUTES; FEBRUARY 19,"2013 , Page 13 of 16 PLANNED UNIT DEVELOPMENT, "AG" AGRICULTURAL DISTRICT AND "S- P -1" DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #5. (IF APPROVED AT FIRST MEETING, THE PUBLIC HEARING WILL BE HELD MARCH 5, 2013.) APPROVED This item was presented in conjunction with item 7A. A motion was made to approve Ordinance No. 480-628, zoning change and development plan for Savannah Estates, pursuant to site plan review summary No. 4, dated February 13, 2013; and noting applicant's willingness for the following: prior to second reading will address open space Lot 12X; show a driveway access for this parcel to the commercial property located to the west—it is council's desire to have that to the southerly portion of that parcel as possible; note the proposed zoning for the balance of the remainder of tract 12X; provide a landscaping plan to shield and buffer to the extent possible the commercial frontage upward to parcel 12X; development approval is made with the understanding and contingent upon a road alignment that was presented in the development plan, it is council's understanding that the subsequent driveways are relocated and that variances may be created which will require separate approval; there will be single story houses for four lots and a portion of Block C, those lots are noted as Lots 8, 9, 10 and 11 located in the southwest portion of the development; provide a proposed masonry wall plan for the Glosser tract along the roundabout; make available for Council a reasonable review of proposed design guidelines for the homes to be built in the development; and applicant will work with staff to present a cost participation agreement with the City of Southlake with connection with the proposed roundabout agreement. Motion: Bledsoe Second: Wang Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang Nays: Zito Approved: 6-1 Council member Schelling left the meeting at 10:44 p.m. 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA) 9. OTHER ITEMS FOR CONSIDERATION: 9A. SV13-001, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR DUFF'S FAMOUS WINGS LOCATED AT 2787 EAST SOUTHLAKE BOULEVARD, SUITE 100, SOUTHLAKE, TEXAS. APPROVED REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2013 Page 14 of 16 Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representative John Pickler was available to answer questions from Council. A motion was made to approve SV13- amended, for Duff's Famous Wings locate 100, and approving the following variances: 36"; west elevation maximum sign area comments on the sign area for the 1969 tag height at 36". 001, Sign Variance to Ordinance 704, as d at 2787 East Southlake Boulevard, Suite west elevation for maximum letter height to to 70.5 five square feet and noting staff's line: and the north elevation maximum letter Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito Absent: Schelling Approved: 6-0 Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.074, deliberation regarding personnel. City Council adjourned for Executive Session at 11:00 p.m. Executive Session began at 11:02 p.m. and concluded at 11:16 p.m. Mayor Terrell reconvened the meeting at 11:17 p.m. 41. APPROVE RESOLUTION NO. 13-002, APPOINT A MEMBER TO THE PLANNING AND ZONING COMMISSION. NO ACTION TAKEN Council directed staff to promote vacancies and contact existing applicants to determine interest in current vacancies. Mayor Terrell advised that Council would like to interview applicants prior to making appointments on March 19, 2013. Due to no action being taken by Council, Resolution No. 13-002 died. 4J. APPROVE RESOLUTION NO. 13-011, APPOINT MEMBERS TO THE ZONING BOARD OF ADJUSTMENT. NO ACTION TAKEN Council directed staff to promote vacancies and contact existing applicants to determine interest in current vacancies. Mayor Terrell advised that Council would like to interview applicants prior to making appointments on March 19, 2013. Due to no action being taken by Council, Resolution No. 13-011 died. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2013 Page 15 of 16 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 11:18 p.m. *An audio recording of this meeting will be perm tly retaine in the City Secretary's Office. —CD John Terrell Mayor ATTEST: City Secretary CDepu�+y REGULAR CITY COUNCIL MEETINGWINUTES, FEBRUARY 19, 2013 Page 16 of 16