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2013-06-18 Regular CC MeetinglugCITY OF SOUTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING: June 18, 2013 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: Clayton Reed 3. Local Business Report 4. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: Immediately following the work session Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. Section 551.071: Consultation with the citv attornev a. Seek the advice of city attorney regarding vesting regulation and requirements associated with Section 245 of the Texas Local Government Code and the City's Zoning Ordinance 480 as amended, the City's Subdivision Ordinance 483 as amended, the City's Masonry Ordinance 557 as amended, and the City's Landscape Ordinance 544 as amended. 2. Section 551.072: Deliberation regarding real property a. Discuss right of way acquisition and process of potential purchase or lease of real property for city facilities and projects. 3. Section 551.074: Deliberation regarding personnel matters a. Deliberate the appointment of city board and commission members. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 18, 2013 Page 2 of 8 B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Recognition of Azka A. Rafique 2. Recognition of Carroll Theatre Department 3. Baylor Medical Tower Update — Steve Newton 4. Proclamation — National Parks and Recreation Month B. City Manager's Report 1. Legislative Update — End of Session Report, 83rd Legislative Session CONSENT AGENDA: All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: A. Approve minutes from the June 4, 2013 Regular City Council meeting B. This item intentionally left blank. C. Approve annual contract renewal for Lewis Concrete Restoration for manhole and wet well rehab services in an amount not to exceed $250,000. D. Approve interlocal agreement with the City of Keller for the FM 1938 Water and Sanitary Sewer Relocation Project. E. Approve the annual interlocal agreement with Tarrant County to provide tax collection and assessment services for ad valorem taxes levied by the City of Southlake for tax year 2013. F. SV13-013, Variance to the Sign Ordinance No. 704-F regulations for Land Sign/Existing Building Lease Sign for Forest Park Medical Office Building located at 451 East State Highway 114. G. Approve Residential Developer Agreement with Terra Land Management Company, Inc. for Shady Oaks 2G. H. Approve amendment to agreement with the RPGA for design services for DPS North facility in the amount of $711,700. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 18, 2013 Page 3 of 8 Approve telecom expenses pursuant to state contract (DIR-SDD-604) with Verizon services in the amount of $124,000. J. Approve telecom and internet expenses with One Source Communications in the amount of $60,000. K. Approve copier service expenses with Toshiba in the amount of $71,000. L. Ordinance No. 480-642, (ZA13-055), 1St Reading, Zoning Change and Concept Plan for Lots 5 & 6, J. Childress No. 253 Addition on property being described as Tract 1 C & 1 E, J. Childress Survey, Abstract No. 253, Southlake, Tarrant County, Texas and located at 1375 and 1395 Randol Mill Avenue, Southlake, Texas. The Current Zoning is "AG" Agriculture District. The Requested Zoning is "SF -1A" Single Family Residential District. SPIN #5. (if approved, the public hearing will be held on August 6, 2013.) M. Consider SV13-009, Variance to Sign Ordinance No. 704-F regulations for Pharmacy Plus located at 721 East Southlake Boulevard, Suite 180. N. Approve amendment to agreement with Lee Lewis Construction, Inc. for construction manager at risk services for installation of a fuel tank, installation of firing range rifle baffles, construction of a data recovery room, and additional audio/visual equipment for the DPS North Training Facility project in the amount of $290,933. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m. This is the public's opportunity to address the City Council about non -agenda items. During this proceeding, the City Council will not discuss, consider or take action on any item presented. We respectfully ask that anyone stepping forward to speak during Public Forum to please limit remarks to three minutes or less.) 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 1065, (CP13-001), 2nd Reading, Land Use Plan Amendment from Office Commercial to Mixed Use on property described as Lot 1 R, Block 1, Medical Villas at Tuscan Creek, an addition to the City of Southlake, Tarrant County, Texas and located at 321 West Southlake Boulevard, Southlake, Texas. The current zoning is "0-1" Office District. The proposed zoning is "S -P-1" Detailed Site Plan District. SPIN #10. PUBLIC HEARING City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 18, 2013 Page 4 of 8 B. Ordinance No. 480-638, (ZA13-019), 2nd Reading, Zoning Change and Site Plan for Capelli Offices & Suites on property described as Lot 1R, Block 1, Medical Villas at Tuscan Creek, an addition to the City of Southlake, Tarrant County, Texas and located at 321 West Southlake Boulevard, Southlake, Texas. The current zoning is "0-1" Office District. The proposed zoning is "S -P-1" Detailed Site Plan District with "0-1" Office District uses limited "C-1" Neighborhood Commercial District uses. SPIN #10. PUBLIC HEARING C. Resolution No. 13-026 (ZA13-006), Specific Use Permit for outdoor sales or services for Tropical Sno-cone stand on property being described as Lot 34, F. Throop No. 1511 Addition, City of Southlake, Tarrant County, Texas and located at 2199 East Dove Road, Southlake, Texas. The Current Zoning is "C-1" Neighborhood Commercial Zoning District. SPIN #4. PUBLIC HEARING D. Resolution No. 13-028 (ZA13-059), Specific Use Permit for a temporary construction trailer for K. Hovnanian Homes on property being described as Lot 1, Block 17, Carillon Phase 2A-2, an addition to the City of Southlake, Tarrant County, Texas and located at 1601 Riviera Lane, Southlake Texas. The Current Zoning is "ECZ" Employment Center Zoning District. SPIN #3. PUBLIC HEARING E. Ordinance No. 480-640, (ZA13-056), 2nd Reading, Zoning Change and Site Plan for the TRA Lift Station Rehabilitation on property being described as Tracts 4A1A, 4131 and 4132, R. Price Survey, Abstract No. 1207, City of Southlake, Tarrant County, Texas located at 3200 North White Chapel Boulevard, Southlake, Texas. The current zoning is "R - PUD" Residential Planned Unit Development. The requested zoning is "S- P -1" Detailed Site Plan. SPIN #1. PUBLIC HEARING F. Ordinance No. 480-639, (ZA13-038), 2nd Reading, Zoning Change and Development Plan for 1700 Shady Oaks Drive on property being described as Tract 2D, T.M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas , located at 1700 Shady Oaks Drive, Southlake, Texas. The current zoning is "AG" Agriculture District. The requested zoning is "R -PUD" Residential Planned Unit Development. SPIN #5. PUBLIC HEARING G. ZA13-049, Site Plan for Del Frisco's Grille on property being described as Lot 3, Block 1R, Southlake Town Square Addition, City of Southlake, Tarrant County, Texas and located at 140 State Street, Southlake, Texas. The current zoning is "DT" Downtown District. SPIN #8. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 18, 2013 Page 5 of 8 H. Ordinance No. 480-0000, 2nd Reading, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, adding variance provisions to Section 37 — "DT" Downtown District. PUBLIC HEARING Ordinance No. 480-353a (ZA13-047), 2nd Reading, Zoning Change and Concept/Site Plan for Lots 16 through 19, O.W. Knight No. 899 Addition, an addition to the City of Southlake, Tarrant County, Texas and being located at 315, 325, 415 and 425 East Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District with "0-1" Office District Uses. Proposed Zoning: "S -P-2" Generalized Site Plan District with "0-1" Office District uses and limited "C-3" General Commercial District uses on Lot 18. O.W. Knight No. 899 Addition, located at 415 East Southlake Boulevard, to include an Ambulatory Surgery Center Use. SPIN #10. PUBLIC HEARING J. Ordinance No. 733-C, 2nd Reading, approve a speed limit ordinance, amending Section 18-80 of the Southlake City Code, revising the activation times of school crossing zones. PUBLIC HEARING K. Ordinance No. 1066, 2nd Reading, approving and adopting rate schedule "RRM-Rate Review mechanism" for Atmos Energy corporations, Mid -Tex Division to be in force in the City for a period of time as specified in the rate schedule; Adopting a savings clause; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declaring an effective date; and requiring delivery of this ordinance to the Company and ACSC legal counsel. PUBLIC HEARING L. Resolution No. 13-027 (ZA13-058), Specific Use Permit for a Mass Gathering Event for Stars and Stripes on property located within Southlake Town Square and being generally located within the area between East Southlake Boulevard. to the south, State Highway 114 to the north and Carroll Avenue to the west. The Current Zoning is "DT" Downtown District. The purpose of this request is to hold the Stars and Stripes event at Southlake Town Square on Wednesday, July 3, 2013 between 6:00 p.m. - 11:00 p.m. and includes the following activities: patriotic games, crafts and activities, inflatables, strolling entertainment, live music, patriotic ceremony, fireworks show, concession vendors and food trucks. SPIN #8. PUBLIC HEARING M. Ordinance No. 1062, 2nd Reading, adopting the City of Southlake's Water Impact Analysis Ordinance. PUBLIC HEARING 7. Ordinances, first readings, and related items: (There are no items on this agenda.) City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 18, 2013 Page 6 of 8 8. Resolutions: A. Resolution No. 13-029, appoint members to various positions on the Building Board of Appeals, Parks and Recreation Board, Planning and Zoning Commission, Southlake Parks Development Corporation and Zoning Board of Adjustment and 2030 Sustainability Committee. 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. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, June 14, 2013 by 6:00 p.m., pursuant to the Texas GovernmetighQode, Chapter 551. r i Alicia Richardson, TRMC V% City Secretary ' If you plan to attend this pusi�:,n tl'ng and have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 18, 2013 Page 7 of 8 EXECUTIVE SESSION Section 551.071: Consultation with attorney. The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. Pending Public Information Act requests. 2. Texas Attorney General litigation defending the constitutionality of the Texas Open Meetings Act. 3. Legal issues regarding the Barnett Shale gas extraction and transportation. 4. City of Southlake v. Jeff Massey, et al; Cause No. 2011-003365-3; eminent domain action regarding property located at 1200 North Kimball, Southlake, Texas. 5. Legal issues related to property located at 3100, 3110, and 3112 East Southlake Boulevard. 6. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011-006149-3; eminent domain action regarding property located at 1470 N. Kimball Avenue, Southlake, Texas. 7. Metro-Plex Underground, LP v. Ed Bell Construction and ARCH Insurance Company; Cause No. 048-258408-12 8. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of Southlake; Cause No. 09-15791. 9. Ed Bell Construction Company v. City of Southlake, Cause No. 348-262825-12 Section 551.072: Deliberation regarding real property. The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation regardingprospective gift or donation. The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation regarding personnel matters. The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation regarding security devices. The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 18, 2013 Page 8 of 8 Section 551.087: Deliberation regarding economic development negotiations. The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. Section 418.183(f): Texas Disaster Act. The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism - related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety. The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork ef CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: JUNE 18, 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 Laura Hill, Carolyn Morris, Martin Schelling and Randy Williamson. CITY COUNCIL ABSENT: STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager Alison Ortowski, Communication and Website Manager Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Candice Edmondson, Deputy Director of Community Services Kari Happold, Chief Financial Officer Sharen Jackson, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Senior Director of Planning and Development Services Ken Baker, Planner I Lorrie Fletcher, 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 5:32 p.m. 2. INVOCATION Mr. Clayton Reed gave the invocation. Mayor Terrell led the pledge of allegiance to the United States and Texas Flags. 3. LOCAL BUSINESS REPORT Assistant City Manager Alison Ortowski introduced Ron Peddicord with Duff's Famous Wings. Mr. Peddicord provided a description of the services provided, hours of operation, and location of business. Mayor Terrell announced that Council would move to the Mayor's Report. 3A. MAYOR'S REPORT REGULAR CITY COUNCIL MEETING MINUTFS, June 18. 2012 Page 1 of 19 3A1. Recognition of Azka A Rafique — Mayor Terrell and Council recognized the efforts of Azka A. Rafique and friends for their fundraising efforts. The fundraiser called Pennies for Life raised $1,000 to assist the families of Moore, Oklahoma. Miss Rafique presented the donation to American Red Cross representative Micaela Rosinski. 3A2. Recognition of Carroll Theatre Department — Mayor Terrell recognized and presented a proclamation to the Carroll Theatre Department for receiving top honors of their performance Legally Blonde the Musical. The Carroll Theatre Department was honored with 15 nominations for the Schmidt and Jones Awards. Carroll Theatre took top honors for best musical, best orchestra, best actor in a supporting role and best male ensemble performer. 3A3. Baylor Medical Tower Update, Steve Newton — President Steve Newton provided Council with an update on the new tower at Baylor Medical. 3A4. Proclamation — National Parks and Recreation Month — Mayor Terrell recognized and presented a proclamation to the Southlake Parks Department designating the month of July as National Parks and Recreation Month. 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 SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:14 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 and Section 551.072, deliberation regarding real property. City Council adjourned for Executive Session at 6:14 p.m. Executive Session began at 6:35 p.m. and concluded at 7:13 p.m. REGULAR CITY COUNCIL MEETING MINUTF.S jr 770, 10, 2013 Page 2 of 19 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:22 p.m. Mayor Terrell announced there was no action necessary as the result of Executive Session. 3A. MAYOR'S REPORT The presentations were conducted earlier in the evening. Mayor Terrell announced the upcoming meetings and events. 3B. CITY MANAGER'S REPORT City Manager Shana Yelverton announced that the May monthly financial report was provided to Council this evening. 3B1. Legislative Update — End of Session Report, 83' Legislative Session Ms. Yelverton introduced Mr. Snapper Carr and Mr. Brandon Aghamalian of Focused Advocacy. Mr. Carr and Mr. Aghamalian provided Council with an overview of the 83 Legislative Session. REGULAR AGENDA: 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. ITEM REMOVED FROM CONSENT AGENDA. This item was removed from the consent agenda and voted on separately. 4B. THIS ITEM INTENTIONALLY LEFT BLANK. 4C. APPROVE ANNUAL CONTRACT RENEWAL FOR LEWIS CONCRETE RESTORATION FOR MANHOLE AND WET WELL REHAB SERVICES IN AN AMOUNT NOT TO EXCEED $250,000. 4D. APPROVE INTERLOCAL AGREEMENT WITH THE CITY OF KELLER FOR THE FM1938 WATER AND SANITARY SEWER RELOCATION PROJECT. 4E. APPROVE THE ANNUAL INTERLOCAL AGREEMENT WITH TARRANT COUNTY TO PROVIDE TAX COLLECTION AND ASSESSMENT SERVICES FOR AD VALOREM TAXES LEVIED BY THE CITY OF SOUTHLAKE FOR TAX YEAR 2013. REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Page 3 of 19 4F. SV13 -013, VARIANCE TO THE SIGN ORDINANCE NO. 704 -F REGULATIONS FOR LAND SIGN/EXISTING BUILDING LEASE SIGN FOR FOREST PARK MEDICAL OFFICE BUILDING LOCATED AT 451 EAST STATE HIGHWAY 114. 4G. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH TERRA LAND MANAGEMENT COMPANY, INC. FOR SHADY OAKS 2G. 4H. APPROVE AMENDMENT TO AGREEMENT WITH THE RPGA FOR DESIGN SERVICES FOR DPS NORTH FACILITY IN THE AMOUNT OF $711,700. 41. APPROVE TELECOM EXPENSES PURSUANT TO STATE CONTRACT (DIR- SDD -604) WITH VERIZON SERVICES IN THE AMOUNT OF $124,000. 4J. APPROVE TELECOM AND INTERNET EXPENSES WITH ONE SOURCE COMMUNICATIONS IN THE AMOUNT OF $60,000. 4K. APPROVE COPIER SERVICE EXPENSES WITH TOSHIBA IN THE AMOUNT OF $71,000. 4L. ORDINANCE NO. 480 -642, (ZA13 -055), 1 READING, ZONING CHANGE AND CONCEPT PLAN FOR LOTS 5 & 6, J. CHILDRESS NO. 253 ADDITION ON PROPERTY BEING DESCRIBED AS TRACT 1C & 1E, J. CHILDRESS SURVEY, ABSTRACT NO. 253, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1375 AND 1395 RANDOL MILL AVENUE, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "AG" AGRICULTURE DISTRICT. THE REQUESTED ZONING IS "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #5. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON AUGUST 6, 2013.) 4M. CONSIDER SV13 -009, VARIANCE TO SIGN ORDINANCE NO. 704-F REGULATIONS FOR PHARMACY PLUS LOCATED AT 721 EAST SOUTHLAKE BOULEVARD, SUITE 180. 4N. APPROVE AMENDMENT TO AGREEMENT WITH LEE LEWIS CONSTRUCTION, INC. FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR INSTALLATION OF A FUEL TANK, INSTALLATION OF FIRING RANGE RIFLE BAFFLES, CONSTRUCTION OF A DATA RECOVERY ROOM, AND ADDITIONAL AUDIOVISUAL EQUIPMENT FOR THE DPS NORTH TRAINING FACILITY PROJECT IN THE AMOUNT OF $290,933. APPROVED Item 4A was removed from the consent agenda to be voted on separately. A motion was made to approve the remaining items on the consent agenda as presented. REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Page 4 of 19 Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 4A. APPROVE MINUTES FROM THE JUNE 4, 2013 REGULAR CITY COUNCIL MEETING. A motion was made to approve item 4A. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling Abstain: Terrell, Williamson Approved: 5 -0 -2 5. PUBLIC FORUM No speakers. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 1065, (CP13 -001), 2ND READING, LAND USE PLAN AMENDMENT FROM OFFICE COMMERCIAL TO MIXED USE ON PROPERTY DESCRIBED AS LOT 1R, BLOCK 1, MEDICAL VILLAS AT TUSCAN CREEK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 321 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "0-1" OFFICE DISTRICT. THE PROPOSED ZONING IS "S-P-1" DETAILED SITE PLAN DISTRICT. SPIN #10. PUBLIC HEARING APPROVED Planner I Lorrie Fletcher presented items 6A and 6B 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. 1065, land use plan amendment, from office commercial to mixed use for the property described as Lot 1 R, Block 1, Medical Villas as Tuscan Creek. REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Page 5 of 19 Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson 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 CONSOLIDATED FUTURE LAND USE PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. 6B. ORDINANCE NO. 480 -638, (ZA13 -019), 2 READING, ZONING CHANGE AND SITE PLAN FOR CAPELLI OFFICES & SUITES ON PROPERTY DESCRIBED AS LOT 1 R, BLOCK 1, MEDICAL VILLAS AT TUSCAN CREEK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 321 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "0-1" OFFICE DISTRICT. THE PROPOSED ZONING IS "S -P -1" DETAILED SITE PLAN DISTRICT WITH "O- 1" OFFICE DISTRICT USES LIMITED "C -1" NEIGHBORHOOD COMMERCIAL DISTRICT USES. SPIN #10. PUBLIC HEARING 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 Ordinance No. 480 -638, zoning change and site plan for Capelli Office pursuant to the following: site plan review summary No. 3, dated May 3, 2013; compliance with the City of Southlake's Sign Ordinance; the first building would be considered as a single business in use for that building and comply with the City's Sign Ordinance; applicant indicated on southern border that landscaping will be evergreen shrubs and trees; and noting that Cathedral Live Oaks will be planted along FM 1709 frontage in lieu of Live Oaks. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Page 6 of 19 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 4. WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS LOT 1 R, BLOCK 1, MEDICAL VILLAS AT TUSCAN CREEK, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 2.0 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S -P- 1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN AND DISTRICT REGULATIONS 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. RESOLUTION NO. 13-026 (ZA13 -006), SPECIFIC USE PERMIT FOR OUTDOOR SALES OR SERVICES FOR TROPICAL SNO -CONE STAND ON PROPERTY BEING DESCRIBED AS LOT 34, F. THROOP NO. 1511 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 2199 EAST DOVE ROAD, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "C -1" NEIGHBORHOOD COMMERCIAL ZONING DISTRICT. SPIN #4. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant Jeff Day, 2861 Autumn Drive, Hurst, Texas 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. The following spoke in support of the request Michael Smith, 3804 Lakeway Drive, Grapevine and Amy Stewart (address not given). There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Resolution No 13 -026, specific use permit for outdoor sales or services for Tropical Sno pursuant to applicant complying with the City of REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Page; of 19 Southlake's accessibility and safety codes in addition to compliance with Tarrant County. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 6D. RESOLUTION NO. 13 -028 (ZA13 -059), SPECIFIC USE PERMIT FOR A TEMPORARY CONSTRUCTION TRAILER FOR K. HOVNANIAN HOMES ON PROPERTY BEING DESCRIBED AS LOT 1, BLOCK 17, CARILLON PHASE 2A -2, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1601 RIVIERA LANE, SOUTHLAKE TEXAS. THE CURRENT ZONING IS "ECZ" EMPLOYMENT CENTER ZONING DISTRICT. SPIN #3. PUBLIC HEARING APPROVED Planner I Lorrie Fletcher presented item and was available to answer questions from Council. Applicant representative Shane Summers 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 Resolution No. 13 -028, specific use permit for a temporary construction trailer for K. Hovnanian Homes with said permit to expire two years from permit issuance; applicant will provide for 8 -foot evergreen shrubs (6 -feet at planting) along the southern border of the sales and construction trailer along State Highway 114 and to provide additional trees and shrubs in addition to the standard City of Southlake requirement. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 6E. ORDINANCE NO. 480 -640, (ZA13 -056), 2 READING, ZONING CHANGE AND SITE PLAN FOR THE TRA LIFT STATION REHABILITATION ON PROPERTY BEING DESCRIBED AS TRACTS 4A1 A, 4B1 AND 4B2, R. PRICE SURVEY, ABSTRACT NO. 1207, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 3200 NORTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "R -PUD" RESIDENTIAL REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Faye 8 of 19 PLANNED UNIT DEVELOPMENT. THE REQUESTED ZONING IS "S -P -1" DETAILED SITE PLAN. SPIN #1. PUBLIC HEARING APPROVED Council did not require a presentation for this item. 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 -640, zoning change and site plan for the TRA lift station rehabilitation on property being described as Tracts 4A1 A, 4B1 and 4B2 in R. Price Survey pursuant to site plan review summary No. 2, dated May 23, 2013 and including the variance to the Landscaping Ordinance. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson 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 TRACTS 4A1A, 4B1 AND 4B2, R. PRICE SURVEY, ABSTRACT NO. 1207, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.3 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES AND REGULATIONS AMENDED TO ALLOW FOR IMPROVEMENTS TO THE EXISTING TRA LIFT STATION 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. REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Page 9 of 19 6F. ORDINANCE NO. 480 -639, (ZA13 -038), 2 READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR 1700 SHADY OAKS DRIVE ON PROPERTY BEING DESCRIBED AS TRACT 2D, T.M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS , LOCATED AT 1700 SHADY OAKS DRIVE, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "AG" AGRICULTURE DISTRICT. THE REQUESTED ZONING IS "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #5. PUBLIC HEARING APPROVED Council did not require a presentation for this item. 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 -639, zoning change and development plan for 1700 Shady Oaks Drive pursuant to the following: development plan review summary No. 2, dated May 16, 2013; and noting the following exceptions — (1) allowing accessory structure to remain which is shown to be forward of the principal residence as noted in the zoning document and exhibits and attachment "C", (2) allowing accessory Building C noted in the zoning document and exhibits and attachment "C" to be used as an accessory family servants living quarters. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson 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 2D, T.M. HOOD SURVEY, ABSTRACT NO. 706, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.8 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT 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 REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Page 10 of 19 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. Mayor Terrell advised Council they would take item 6H prior to 6G. 6H. ORDINANCE NO. 480 -0000, 2 READING, AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, ADDING VARIANCE PROVISIONS TO SECTION 37 — "DT" DOWNTOWN DISTRICT. 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. A motion was made to approve Ordinance No. 480 -0000, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, adding variance provisions to Section 37 — "DT' Downtown District. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY ADDING VARIANCE PROVISIONS TO SECTION 37 — "DT' — DOWNTOWN DISTRICT; 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. 6G. ZA13 -049, SITE PLAN FOR DEL FRISCO'S GRILLE ON PROPERTY BEING DESCRIBED AS LOT 3, BLOCK 1 R, SOUTHLAKE TOWN SQUARE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Page 1 1 uf 9 LOCATED AT 140 STATE STREET, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "DT" DOWNTOWN DISTRICT. SPIN #8. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representative Frank Bliss responded to 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 ZA 13 -049, site plan for Del Frisco's Grille pursuant to site plan review summary No. 2, dated June 12, 2013 and noting approval of the following exceptions and with condition —(1) impervious outdoor patio area and associated structures to be located with the 32 -foot setback area long South Carroll Avenue as shown on the proposed site plan; (2) impervious parking spaces to be located within 32 -foot setback area long South Carroll Avenue as shown on the proposed site plan and (3) outdoor patio to encroach up to eight feet into the required 20 -foot bufferyard as shown on the proposed site plan. The foregoing variances are subject to a masonry buffer wall to be appropriately engineered and to provide safety for the restaurant patrons from unintended vehicular intrusions, which is subject to the reasonableness of staff's review. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 6H. ORDINANCE NO. 480 -0000, 2 READING, AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, ADDING VARIANCE PROVISIONS TO SECTION 37 – "DT" DOWNTOWN DISTRICT. PUBLIC HEARING APPROVED This item was considered earlier in the meeting. 61. ORDINANCE NO. 480 -353A (ZA13 -047), 2 READING, ZONING CHANGE AND CONCEPT /SITE PLAN FOR LOTS 16 THROUGH 19, O.W. KNIGHT NO. 899 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 315, 325, 415 AND 425 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "S- P-2" GENERALIZED SITE PLAN DISTRICT WITH "0 -1" OFFICE DISTRICT USES. PROPOSED ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0 -1" OFFICE DISTRICT USES AND LIMITED "C -3" GENERAL REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Page 12of19 COMMERCIAL DISTRICT USES ON LOT 18. O.W. KNIGHT NO. 899 ADDITION, LOCATED AT 415 EAST SOUTHLAKE BOULEVARD, TO INCLUDE AN AMBULATORY SURGERY CENTER USE. SPIN #10. PUBLIC HEARING APPROVED Council did not require a presentation for this item. 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 -353A, zoning change and concept plan for Lots 16 through 19 in the City of Southlake, Texas as noted and pursuant to the staff report dated June 12, 2013. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson 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 LOTS 16 -19, O. W. KNIGHT NO. 899 ADDITION, AND BEING APPROXIMATLEY4.042 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND LIMITED "C -3" GENERAL COMMERCIAL DISTRICT USES LIMITED TO AN AMBULATORY SURGERY CENTER USE ONLY ON LOT 18, LOCATED AT 415 E SOUTHLAKE, BOULEVARD AS DEPICTED ON THE APPROVED CONCEPT PLAN AND 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. REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Page 13 of 19 6J. ORDINANCE NO. 733 -C, 2 READING, APPROVE A SPEED LIMIT ORDINANCE, AMENDING SECTION 18 -80 OF THE SOUTHLAKE CITY CODE, REVISING THE ACTIVATION TIMES OF SCHOOL CROSSING ZONES. PUBLIC HEARING APPROVED Council did not require a presentation for this item. 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. 733 -C, approving a speed limit ordinance, amending Section 18 -80 of the City of Southlake Code revising activation times of school crossing zones. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson 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 SECTION 18 -80 OF THE SOUTHLAKE CITY CODE, AS AMENDED BY REVISING THE DESIGNATED HOURS OF THE SCHOOL ZONE; 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. 6K. ORDINANCE NO. 1066, 2 READING, APPROVING AND ADOPTING RATE SCHEDULE "RRM -RATE REVIEW MECHANISM" FOR ATMOS ENERGY CORPORATIONS, MID -TEX DIVISION TO BE IN FORCE IN THE CITY FOR A PERIOD OF TIME AS SPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND ACSC LEGAL COUNSEL. PUBLIC HEARING APPROVED Council did not require a presentation for this item. REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Faye 14 of 19 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. 1066, approving and adopting a rate schedule "RRM -Rate Review Mechanism" for Atmos Energy Corporations, Mid -Tex Division to be in force in the City for a period of time as specified in the rate schedule. Approval includes adopting a savings clause, determining that this ordinance was passed in accordance with requirements of the Texas Open Meetings Act, declaring an effective date and requiring delivery of this ordinance to the company and ACSC legal counsel. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson 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 ( "CITY") APPROVING AND ADOPTING RATE SCHEDULE "RRM -RATE REVIEW MECHANISM" FOR ATMOS ENERGY CORPORATION, MID -TEX DIVISION TO BE IN FORCE IN THE CITY FOR A PERIOD OF TIME AS SPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND ACSC LEGAL COUNSEL. 6L. RESOLUTION NO. 13-027 (ZA13 -058), SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR STARS AND STRIPES ON PROPERTY LOCATED WITHIN SOUTHLAKE TOWN SQUARE AND BEING GENERALLY LOCATED WITHIN THE AREA BETWEEN EAST SOUTHLAKE BOULEVARD. TO THE SOUTH, STATE HIGHWAY 114 TO THE NORTH AND CARROLL AVENUE TO THE WEST. THE CURRENT ZONING IS "DT" DOWNTOWN DISTRICT. THE PURPOSE OF THIS REQUEST IS TO HOLD THE STARS AND STRIPES EVENT AT SOUTHLAKE TOWN SQUARE ON WEDNESDAY, JULY 3, 2013 BETWEEN 6:00 P.M. - 11:00 P.M. AND INCLUDES THE FOLLOWING ACTIVITIES: PATRIOTIC GAMES, CRAFTS AND ACTIVITIES, INFLATABLES, STROLLING ENTERTAINMENT, LIVE MUSIC, PATRIOTIC CEREMONY, FIREWORKS SHOW, CONCESSION VENDORS AND FOOD TRUCKS. SPIN #8. PUBLIC HEARING APPROVED Council did not require a presentation for this item. REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Faye 15 of 19 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 -02, specific use permit for a mass gathering event for Stars and Stripes in perpetuity and pursuant to staff report dated June 12, 2013. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 6M. ORDINANCE NO. 1062, 2 READING, ADOPTING THE CITY OF SOUTHLAKE'S WATER IMPACT ANALYSIS ORDINANCE. PUBLIC HEARING APPROVED Council did not require a presentation for this item. 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. 1062, adopting the City of Southlake's Water Impact Analysis ordinance. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ESTABLISHING REQUIREMENTS FOR A WATER IMPACT ANALYSIS FOR NEW DEVELOPMENT WITHIN THE CITY OF SOUTHLAKE; PROVIDING FOR A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICBILITY; PROVIDING FOR EXEMPTIONS; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND ESTABLISHING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA) REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Page 16 of 19 EXECUTIVE SESSION Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.074, deliberation regarding personnel matters. City Council adjourned for Executive Session at 9:12 p.m. Executive Session began at 9:13 p.m. and concluded at 9:46 p.m. RECONVENE Mayor Terrell reconvened the meeting at 9:47 p.m. 8. RESOLUTIONS: 8A. RESOLUTION NO. 13 -029, APPOINT MEMBERS TO VARIOUS POSITIONS ON THE BUILDING BOARD OF APPEALS, PARKS AND RECREATION BOARD, PLANNING AND ZONING COMMISSION, SOUTHLAKE PARKS DEVELOPMENT CORPORATION AND ZONING BOARD OF ADJUSTMENT AND 2030 SUSTAINABILITY COMMITTEE. APPROVED A motion was made to approve Resolution No. 13 -092 appointing the following members: BUILDING BOARD OF APPEALS Name Place Term Expiring Mike Smietana Place 1 June 2015 Michael Waldman Place 3 June 2015 Richard Sandow Place 5 June 2015 Mike O'Dell Alternate No. 2 June 2015 PARKS AND RECREATION BOARD Name Place Term Expiring Jeff Medici Place 1 June 2015 Tina Wasserman Place 2 June 2015 Frances Scharli Place 3 June 2015 PLANNING AND ZONING COMMISSION Name Place Term Expiring Robert Hudson n/a June 2015 Michael Springer n/a June 2015 Shawn McCaskill n/a June 2015 SOUTHLAKE PARKS DEVELOPMENT CORPORATION Name Place Term Expiring Sherry Berman Citizen Representative June 2015 Tamara McMillan Citizen Representative June 2015 REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Page 1 u/ 19 Carolyn Morris Council Representative June 2015 Randy Williamson Council Representative June 2015 Tina Wasserman Parks and Recreation June 2014 (fulfilling an Board Representative unexpired term) Council appointed Paul Venesky as Chairman and John Huffman as Vice Chairman to the Zoning Board of Adjustment. ZONING BOARD OF ADJUSTMENTS Name Place Term Expiring Scott Dyche Place 2 June 2015 Kourosh Panahy Place 3 June 2015 Brad Cunningham Place 5 June 2015 Ron Evans Alternate No. 1 June 2015 Eric Ransom Alternate No. 3 June 2015 Mike Smietana Alternate No. 4 June 2014 (fulfilling unexpired term) 2030 SUSTAINABILITY COMMITTEE Name Place Term Expiring Carolyn Morris Council Representative n/a Motion: Bledsoe Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 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 Terrell adjourned the meeting at 9:50 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. ds .10 John C. Terre I Mayor REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Pag 1 of 19 v` �ei�wnrbrr rr ATTEST: e%` H ,, 6 r te' 1 Alicia Richardson, TRMO, . �'e e City Secretary ��'�'e�eheeee�e REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013 Page 19 of 19