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2014-02-18 Regular CC MeetinglugCITY OF S0UTHLA1<,E TEXAS REGULAR CITY COUNCIL MEETING: February 18, 2014 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. Call to order 2. Invocation: Drew Johnson 3. Local Business Report 4. 2013 Citizen Satisfaction Survey Results 5. Discuss all items on tonight's agenda 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 City Attorney a. Seek the advice of the city attorney regarding legal issues relating to aircraft noise and airspace utilization. b. Seek the advice of the city attorney regarding pending litigation. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011- 006149-3; eminent domain action regarding property located at 1470 North Kimball Avenue, Southlake, Texas. c. Seek the advice of the city attorney regarding legal requirements in structuring propositional ballot language for a possible special election. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 18, 2014 Page 2 of 8 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 551.087: Deliberation regarding economic development negotiations a. Discuss the terms and conditions of an economic development incentive program— Project No. 2014-01. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report B. City Manager's Report 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 October 22, 2013 joint City Council and Crime Control and Prevention District Board meeting and the February 4, 2014 Regular City Council meeting. B. Resolution No. 14-005, Call the General Election for May 10, 2014. C. Award annual contract for street sweeping and porter services in Southlake Town Square to Southlake Leasing and Management dba Regent Services in the amount of $66,000. D. Approve residential developer agreement with Terra/Shady Oaks, LP for Shady Oaks Phase 2D&2E. E. Approve an interlocal agreement with Tarrant County for construction of Brumlow Avenue Improvements and the provision of County funds for construction in the amount of $200,000. F. ZA14-002, Plat Revision for Kimball Oaks on property described as Lots 1A1, 2A and 3A, Block B, Southlake Business Park, an addition to the City of Southlake, Tarrant County, Texas and Tracts 1B and 1131, John A Freeman Survey, Abstract No. 529, Southlake, Texas, located at 2191, City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 18, 2014 Page 3 of 8 2201, 2211 and 2221 East Southlake Boulevard and 280 South Kimball Avenue, Southlake, Tarrant County Texas. Current Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. G. Ordinance No. 480-659 (ZA13-142), 1St Reading, Zoning Change and Concept Plan for Lots 3-6, W.W. Hall No. 687 Addition on property described as Tract 1, W.W. Hall Survey, Abstract No. 687, City of Southlake, Tarrant County, Texas and located at 201 East Highland Street, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -20A" Single Family Residential District. SPIN #7. (if approved, the public hearing will be held on March 4, 2014.) H. Approve the purchase of Munis application support and maintenance from Tyler Technologies in the amount of $72,342. Ordinance No. 1085, 1St Reading, Adopting the 2012 International Building Code. (if approved, the public hearing will be held on March 4, 2014.) J. Ordinance No. 1086, 1St Reading, Adopting the 2012 International Residential Code. (if approved, the public hearing will be held on March 4, 2014.) K. Ordinance No. 1087, 1St Reading, Adopting the 2012 International Fire Code. (if approved, the public hearing will be held on March 4, 2014.) L. Ordinance No. 1088, 1St Reading, Adopting 2012 International Plumbing Code. (if approved, the public hearing will be held on March 4, 2014.) M. Ordinance No. 1089, 1St Reading, Adopting the 2012 International Fuel Gas Code. (if approved, the public hearing will be held on March 4, 2014.) N. Ordinance No. 1090, 1St Reading, Adopting the 2012 International Mechanical Code. (if approved, the public hearing will be held on March 4, 2014.) O. Ordinance No. 1091, 1St Reading, Adopting 2012 International Energy Conservation Code. (if approved, the public hearing will be held on March 4, 2014.) P. TABLED ITEMS: 1. Ordinance 1079, (CP13-004), 1St Reading, Land Use Plan Amendment from Low Density Residential to Medium Density Residential for Glenmore Addition, on property described as Lots 1 R1, and 1 R2, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant County, City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 18, 2014 Page 4 of 8 Texas and Tracts 3H, 3H 1, 3J, 3J 1, 3J 1 A, 3J 1 B, 3J 1 C, 3J2, Littleberry G. Hall Survey, Abstract No. 686, Southlake, Tarrant County, Texas, and located at 280 Shady Oaks Dr. and 800, 980, 1000, 1100, 1110, 1120 W. Southlake Blvd., Southlake, Tarrant County, Texas. The current zoning is "AG" Agricultural District and "SF -1A" Single Family Residential District. The proposed zoning is "R -PUD" Residential Planned Unit Development District. SPIN Neighborhood #6. (The applicant has requested to table this item to the March 6, 2014 Planning and Zoning meeting. If a recommendation is made at that meeting, first reading is tentatively scheduled for March 18, 2014 and the public hearing at second reading is tentatively scheduled for April 1, 2014.) 2. Ordinance No. 480-649 (ZA13-092), 1St Reading, Zoning Change and Development Plan for Glenmore Addition on property being described as Lots 1 R1, and 1 R2, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant County, Texas and Tracts 3H, 3H1, 3J, 3J1, 3J1A, 3J1B, 3J1C, 3J2, Littleberry G. Hall Survey, Abstract No. 686, Southlake, Tarrant County, Texas and being located at 280 Shady Oaks Drive and 800, 980, 1000, 1100, 1110, 1120 W. Southlake Boulevard, Southlake, Texas. The current zoning is "AG" Agricultural District and "SF -1A" Single Family Residential District. The Requested Zoning is "R -PUD" Residential Planned Unit Development District. SPIN Neighborhood #6. (The applicant has requested to table this item to the March 6, 2014 Planning and Zoning meeting. If a recommendation is made at that meeting, first reading is tentatively scheduled for March 18, 2014 and the public hearing at second reading is tentatively scheduled for April 1, 2014.) 3. Ordinance 1084, (CP13-010) 1St Reading, Land Use Plan Amendment from Low Density Residential to Medium Density Residential and a Text Amendment to write in a site specific recommendation to allow an assisted living facility for Harborchase of Southlake on property described as Lot 2, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 250 Shady Oaks Dr., Southlake, Tarrant County, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood #6. (The applicant has requested to table this item to the February 20, 2014 Planning and Zoning meeting. If a recommendation is made at that meeting, first reading is tentatively scheduled for March 4, 2014 and the public hearing at second reading is tentatively scheduled for March 18, 2014.) 4. Ordinance No. 480-658 (ZA13-138) 1St Reading, Zoning Change and Site Plan for Harborchase of Southlake on property described as Lot 2, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 18, 2014 Page 5 of 8 County, Texas and located at 250 Shady Oaks Dr., Southlake, Tarrant County, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood #6. (The applicant has requested to table this item to the February 20, 2014 Planning and Zoning meeting. If a recommendation is made at that meeting, first reading is tentatively scheduled for March 4, 2014 and the public hearing at second reading is tentatively scheduled for March 18, 2014.) 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. 1083, 2nd Reading, Approve ordinance to dedicate right of way and easement from City property located at 1200 North White Chapel Boulevard and 400 North White Chapel Boulevard for the North White Chapel Boulevard widening project. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance 1082 (CP13-009), 1St Reading, Land Use Plan Amendment from Low Density Residential to Medium Density Residential for Remington Estates on property being described as Lot 1, Greg's Country Acres Addition, and Tracts 2A2 and 2A1 of the S. Freeman Survey Abstract No. 525, City of Southlake, Tarrant County, Texas, located at 395, 405 and 413 Shady Lane, Southlake, Texas. Current Zoning: "AG" Agricultural District and "SF -1A" Single Family Residential District. Requested Zoning: "R -PUD" Residential Planned Unit Development District. SPIN #4. (If approved, the public hearing will be held on March 4, 2014.) B. Ordinance No. 480-656 (ZA13-134), 1St Reading, Zoning Change and Development Plan for Remington Estates on property being described as Lot 1, Greg's Country Acres Addition, and Tracts 2A2 and 2A1 of the S. Freeman Survey Abstract No. 525, City of Southlake, Tarrant County, Texas, located at 395, 405 and 413 Shady Lane, Southlake, Texas. Current Zoning: "AG" Agricultural District and "SF -1A" Single Family Residential District. Requested Zoning: "R -PUD" Residential Planned Unit City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 18, 2014 Page 6 of 8 Development District. SPIN #4. (If approved, the public hearing will be held on March 4, 2014.) C. Ordinance No. 480-657 (ZA13-135), 1St Reading, Zoning Change and Concept/Site Plan for Kimball Park on property described as Tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas and located at 400 and 470 North Kimball Avenue, Southlake, Texas. Current Zoning: S -P-2 Generalized Site Plan District. Requested Zoning: S -P-2 Generalized Site Plan District. SPIN #4. (If approved, the public hearing will be held on March 4, 2014.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. SV14-002, Sign Variance to the Sign Ordinance No. 704-F regulations for Ebby Halliday Realtors located at 1575 East Southlake Boulevard, Southlake, Texas. B. Consider item to amend the City's 83rd Legislative 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, February 14, 2014 by 6:00 p.m., pursuant to the Texas Governme%,Q,pde, Chapter 551. 4 At •�� Alicia Richardson, TRMC City Secretary '••, If you plan to attend this public meeting 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 February 18, 2014 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. Legal issues related to property located at 3100, 3110, and 3112 East Southlake Boulevard. 5. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011-006149-3; eminent domain action regarding property located at 1470 North Kimball Avenue, Southlake, Texas. 6. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of Southlake; Cause No. 09-15791. 7. Ed Bell Construction Company v. City of Southlake, Cause No. 348-262825-12. 8. Araceli Preljvukaj v. City of Southlake et al, Cause No. 153-267629-13 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 regarding prospective 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. 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 City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 18, 2014 Page 8 of 8 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 9 SCITYOOF UTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 18, 2014 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: None STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager Alison Orlowski, Communication and Website Manager Pilar Schank, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Interim Director of Information Technology Greg Hendricks, Deputy Police Chief Brandon James, Senior Director of Planning and Development Services Ken Baker, Building Official Paul Ward, Director of Public Works Bob Price, City Attorney E. Allen Taylor (present at 5:55) and City Secretary Alicia Richardson. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:40 p.m. 2. INVOCATION Mr. Drew Johnson 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 Claudia Maysen with Smallcakes. Ms. Maysen provided a description of the services provided, hours of operation, and location of business. 4. 2013 CITIZEN SATISFACTION SURVEY RESULTS Assistant City Manager Alison Orlowski provided Council an overview of the 2013 Citizen Satisfaction Survey results. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2014 Page 1 of 12 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. 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 city attorney, Section 551.072, deliberation regarding real property and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:15 p.m. Executive Session began at 6:31 p.m. and concluded at 7:12 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:26 p.m. Mayor Terrell asked if any action was necessary from Executive Session. 3A. MAYOR'S REPORT Council member Hill provided an update on the Staying Alive event that was held on Saturday, February 15. 3B. CITY MANAGER'S REPORT No report was given. 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. APPROVE MINUTES FROM THE OCTOBER 22, 2013 JOINT CITY COUNCIL AND CRIME CONTROL AND PREVENTION DISTRICT BOARD MEETING AND THE FEBRUARY 4, 2014 REGULAR CITY COUNCIL MEETING. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2014 Page 2 of 12 4B. RESOLUTION NO. 14-005, CALL THE GENERAL ELECTION FOR MAY 10, 2014. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 10, 2014 AND ESTABLISHING PROCEDURES FOR THAT ELECTION; AND PROVIDING AN EFFECTIVE DATE. 4C. AWARD ANNUAL CONTRACT FOR STREET SWEEPING AND PORTER SERVICES IN SOUTHLAKE TOWN SQUARE TO SOUTHLAKE LEASING AND MANAGEMENT DBA REGENT SERVICES IN THE AMOUNT OF $66,000. 4D. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH TERRAISHADY OAKS, LP FOR SHADY OAKS PHASE 2D&2E. 4E. APPROVE AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR CONSTRUCTION OF BRUMLOW AVENUE IMPROVEMENTS AND THE PROVISION OF COUNTY FUNDS FOR CONSTRUCTION IN THE AMOUNT OF $200,000. 4F. ZA14-002, PLAT REVISION FOR KIMBALL OAKS ON PROPERTY DESCRIBED AS LOTS 1A1, 2A AND 3A, BLOCK B, SOUTHLAKE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 1B AND 111311, JOHN A FREEMAN SURVEY, ABSTRACT NO. 529, SOUTHLAKE, TEXAS, LOCATED AT 2191, 2201, 2211 AND 2221 EAST SOUTHLAKE BOULEVARD AND 280 SOUTH KIMBALL AVENUE, SOUTHLAKE, TARRANT COUNTY TEXAS. CURRENT ZONING: "S -P-1" DETAILED SITE PLAN DISTRICT. SPIN #8. 4G. ORDINANCE NO. 480-659 (ZA13-142), IST READING, ZONING CHANGE AND CONCEPT PLAN FOR LOTS 3-6, W.W. HALL NO. 687 ADDITION ON PROPERTY DESCRIBED AS TRACT 1, W.W. HALL SURVEY, ABSTRACT NO. 687, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 201 EAST HIGHLAND STREET, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #7. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MARCH 4, 2014.) 4H. APPROVE THE PURCHASE OF MUNIS APPLICATION SUPPORT AND MAINTENANCE FROM TYLER TECHNOLOGIES IN THE AMOUNT OF $72,342. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2014 Page 3 of 12 41. ORDINANCE NO. 1085, 1ST READING, ADOPTING THE 2012 INTERNATIONAL BUILDING CODE. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MARCH 4, 2014.) 4J. ORDINANCE NO. 1086, 1ST READING, ADOPTING THE 2012 INTERNATIONAL RESIDENTIAL CODE. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MARCH 4, 2014.) 4K. ORDINANCE NO. 1087, IST READING, ADOPTING THE 2012 INTERNATIONAL FIRE CODE. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MARCH 4, 2014.) 4L. ORDINANCE NO. 1088, IST READING, ADOPTING 2012 INTERNATIONAL PLUMBING CODE. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MARCH 4, 2014.) 4M. ORDINANCE NO. 1089, IST READING, ADOPTING THE 2012 INTERNATIONAL FUEL GAS CODE. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MARCH 4, 2014.) 4N. ORDINANCE NO. 1090, IST READING, ADOPTING THE 2012 INTERNATIONAL MECHANICAL CODE. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MARCH 4, 2014.) 40. ORDINANCE NO. 1091, 1ST READING, ADOPTING 2012 INTERNATIONAL ENERGY CONSERVATION CODE. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MARCH 4, 2014.) 4P. TABLED ITEMS: 1. ORDINANCE 1079, (CP13-004), IST READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR GLENMORE ADDITION, ON PROPERTY DESCRIBED AS LOTS 1 R1, AND 1 R2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 3H, 31-11, 3J, 3J1, 3J1A, 3J1B, 3J1C, 3J2, LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 280 SHADY OAKS DR. AND 800, 980, 1000, 1100, 1110, 1120 W. SOUTHLAKE BLVD., SOUTHLAKE, TARRANT COUNTY, TEXAS. THE CURRENT ZONING IS "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. THE PROPOSED ZONING IS "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #6. (THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE MARCH 6, 2014 PLANNING AND ZONING MEETING. IF A RECOMMENDATION IS MADE AT THAT MEETING, REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2014 Page 4 of 12 FIRST READING IS TENTATIVELY SCHEDULED FOR MARCH 18, 2014 AND THE PUBLIC HEARING AT SECOND READING IS TENTATIVELY SCHEDULED FOR APRIL 1, 2014.) 2. ORDINANCE NO. 480-649 (ZA13-092), IST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR GLENMORE ADDITION ON PROPERTY BEING DESCRIBED AS LOTS 1 R1, AND 1 R2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 3H, 31-11, 3J, 3J1, 3J1A, 3J1B, 3J1C, 3J2, LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 280 SHADY OAKS DRIVE AND 800, 980, 1000, 1100, 1110, 1120 W. SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. THE REQUESTED ZONING IS "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #6. (THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE MARCH 6, 2014 PLANNING AND ZONING MEETING. IF A RECOMMENDATION IS MADE AT THAT MEETING, FIRST READING IS TENTATIVELY SCHEDULED FOR MARCH 18, 2014 AND THE PUBLIC HEARING AT SECOND READING IS TENTATIVELY SCHEDULED FOR APRIL 1, 2014.) 3. ORDINANCE 1084, (CP13-010) IST READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL AND A TEXT AMENDMENT TO WRITE IN A SITE SPECIFIC RECOMMENDATION TO ALLOW AN ASSISTED LIVING FACILITY FOR HARBORCHASE OF SOUTHLAKE ON PROPERTY DESCRIBED AS LOT 2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 250 SHADY OAKS DR., SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "S -P-1" DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #6. (THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 20, 2014 PLANNING AND ZONING MEETING. IF A RECOMMENDATION IS MADE AT THAT MEETING, FIRST READING IS TENTATIVELY SCHEDULED FOR MARCH 4, 2014 AND THE PUBLIC HEARING AT SECOND READING IS TENTATIVELY SCHEDULED FOR MARCH 18, 2014.) 4. ORDINANCE NO. 480-658 (ZA13-138) 1ST READING, ZONING CHANGE AND SITE PLAN FOR HARBORCHASE OF SOUTHLAKE ON PROPERTY DESCRIBED AS LOT 2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2014 Page 5 of 12 TEXAS AND LOCATED AT 250 SHADY OAKS DR., SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "S -P-1" DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #6. (THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 20, 2014 PLANNING AND ZONING MEETING. IF A RECOMMENDATION IS MADE AT THAT MEETING, FIRST READING IS TENTATIVELY SCHEDULED FOR MARCH 4, 2014 AND THE PUBLIC HEARING AT SECOND READING IS TENTATIVELY SCHEDULED FOR MARCH 18, 2014.) APPROVED A motion was made to approve the consent agenda as presented. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7-0 5. PUBLIC FORUM Mayor Terrell opened the public forum. Ms. Kristyn Rochester, 1804 Lantana Court, provided Council with a copy of written comments regarding an ongoing personnel issue. There being no one else wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 1083, 2ND READING, APPROVE ORDINANCE TO DEDICATE RIGHT OF WAY AND EASEMENT FROM CITY PROPERTY LOCATED AT 1200 NORTH WHITE CHAPEL BOULEVARD AND 400 NORTH WHITE CHAPEL BOULEVARD FOR THE NORTH WHITE CHAPEL BOULEVARD WIDENING PROJECT. PUBLIC HEARING APPROVED Director of Public Works Bob Price 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 18, 2014 Page 6 of 12 A motion was made to approve Ordinance No. 1083, to dedicate right of way and easement from City property located at 1200 North White Chapel Boulevard and 400 North White Chapel Boulevard for the North White Chapel Boulevard widening project. 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 DEDICATING PERMANENT STREET RIGHT-OF-WAY FROM CITY OWNED PROPERTY AT 1200 NORTH WHITE CHAPEL AND PERMANENT STREET, DRAINAGE & UTILITY EASEMENTS FROM CITY OWNED PROPERTY AT 400 NORTH WHITE CHAPEL IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH RIGHT-OF-WAY AND EASEMENTS ARE NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT-OF-WAY AND EASEMENT DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE 1082 (CP13-009), 1sT READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR REMINGTON ESTATES ON PROPERTY BEING DESCRIBED AS LOT 1, GREG'S COUNTRY ACRES ADDITION, AND TRACTS 2A2 AND 2A1 OF THE S. FREEMAN SURVEY ABSTRACT NO. 525, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 395,405 AND 413 SHADY LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #4. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MARCH 4, 2014.) APPROVED Senior Director of Planning and Development Services Ken Baker presented items 7A and 7B and was available to answer questions from Council. Applicant representatives Tom Matthews and Curtis Young presented request and responded to questions from Council. Council, staff and applicants discussed request. Council provided the following comments to the applicants: concern with impact to house located north of the entrance; masonry wall is more appropriate than a living fence, more specifically a wrought iron REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2014 Page 7 of 12 fence with masonry columns (to go beyond the home located north of entrance); require additional information on residences—design guidelines/building standards for windows, roofs, garage doors, etc. to include orientation of garages; minimum square footage of residences; and density of lots adjacent to commercial. Mayor Terrell announced the public hearing for this item would be conducted on March 4, 2014, but the City has received comment cards from the public who are present to speak on the item. Mr. Robert Fusella, 409 Shady Lane, spoke in support of the request. Ms. Cheryl Fairbanks, 1403 Whispering Dell Court, spoke in support of the request. Mr. Kevin Middleton, 425 Shady Lane, spoke in opposition of request. Mr. Middleton asked the applicant to make the traffic study available to the adjacent neighbors. Ms. Helen Clary, 415 Shady Lane, spoke in opposition of request. Mr. Jim Mertz, 1402 Whispering Dell Court, spoke in support of the request. Mr. Mertz advised that he is representing his parents who own the larger part of the lot being developed by the applicant. Ms. Beverly Wells advised that she is speaking in support of request on behalf of Ms. Carol LaTurno who resides at 412 Shady Lane. Mr. Jim Bradford, 404 Shady Lane, spoke in support of request. Mr. Matthews commented that he would bring forward a plan that incorporates the comments provided this evening. City Council provided the following comments after hearing from the public and remarks from the applicant: concern with growth and development, and traffic; protection of low- density area(s) located in Southlake; approved land use plan; remaining land available to develop and protection of existing residents; and number of traffic during peak and off-peak hours outlined in traffic study. A motion was made to approve Ordinance No. 1082 (CP13-009), land use plan amendment from Low Density Residential to Medium Density Residential for the project known as Remington Estates. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Hill, Schelling, Terrell Nays: Morris, Muller, Williamson Approved: 4-3 REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2014 Page 8 of 12 7B. ORDINANCE NO. 480-656 (ZA13-134), 1ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR REMINGTON ESTATES ON PROPERTY BEING DESCRIBED AS LOT 1, GREG'S COUNTRY ACRES ADDITION, AND TRACTS 2A2 AND 2A1 OF THE S. FREEMAN SURVEY ABSTRACT NO. 525, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 395,405 AND 413 SHADY LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #4. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MARCH 4, 2014.) APPROVED This item was presented in conjunction with item 7A. A motion was made to approve Ordinance No. 480-656 (ZA13-134), zoning change and development plan for Remington Estates pursuant to development plan review summary No. 2, dated January 10, 2014 with the following additions: prior to next reading, applicant will bring forth a garage orientation plan and design guidelines for the homes to be built in the project which will include, but not be limited to the size of the homes, building materials and articulation styles; applicant will work with the homeowners to identify an alternative fencing plan along the northern border of Lot 27X and along the western border of Lot1X; it is Council's intention that the living screen is not an alternative; applicant will bring forth to Council a specific vegetation plan for buffering along the northern border of Lot 27X and the western borders of Lot 1X; police and fire will come forth and address Council member Williamson's concern regarding the existing access; and the traffic study will be made available to the nearby residences. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Hill, Schelling, Terrell Nays: Morris, Muller, Williamson Approved: 4-3 Mayor Terrell moved to item 9A. 9A. SV14-002, SIGN VARIANCE TO THE SIGN ORDINANCE NO. 704-F REGULATIONS FOR EBBY HALLIDAY REALTORS LOCATED AT 1575 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Council did not require a presentation from the applicant. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2014 Page 9 of 12 A motion was made to approve SV14-002, variance to Sign Ordinance No. 704-F regulations for Ebby Halliday Realtors located at 1575 East Southlake Boulevard; approving a variance for the maximum letter height for attached sign—building sign facing an internal drive (western elevation)—for 48 inches for the "E", and as presented to Council this evening. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7-0 7C. ORDINANCE NO. 480-657 (ZA13-135), 18T READING, ZONING CHANGE AND CONCEPTISITE PLAN FOR KIMBALL PARK ON PROPERTY DESCRIBED AS TRACTS 3A1A AND 3A2A, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 400 AND 470 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P-2 GENERALIZED SITE PLAN DISTRICT. REQUESTED ZONING: S -P-2 GENERALIZED SITE PLAN DISTRICT. SPIN #4. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MARCH 4, 2014. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. At the request of Council, Senior Director Baker informed Council they are considering approval of site plans for hotel (Lot 1) and the open space area (Lot 6) as depicted in green. In reference to Lots 2, 3, 4 and 5; Council has the opportunity to provide framework to evaluate future site plans (architectural use, scale size, landscaping, etc.) will be applied to the zoning change. Council will utilize the concept plan as framework to evaluate a proposed site plan. The site plan should conform to the stipulations associated with this zoning change. Applicant representative Jeff Medici presented request and responded to questions from Council. Mr. Medici reviewed the changes made to the previously approved site plan. Also in attendance, were applicant representatives Steve Stoycos and Michael Lusick with Choice Hotels and Philip Stewart with Myhre Group Architects who presented additional details on the proposed Cambria Hotel and responded to questions from Council. Council, staff and applicants discussed the request. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2014 Page 10 of 12 Executive Session Mayor Terrell announced that Council would convene into Executive Session as authorized by Texas Government Code, Section 551.071, consultation with city attorney. Executive Session began at 11:15 p.m. and concluded at 11:29 p.m. Mayor Terrell reconvened the meeting at 11:30 p.m. Mayor Terrell announced there was no action necessary as the result of Executive Session. Mr. Stewart responded to questions from Council regarding the building's exterior. Council provided the following comments for the applicant to address at the next reading: ratio of parking spaces, additional screening details for adjacent residential neighbors, and details regarding the arrangement for a canopy or arbor and fireplaces on the west side of the hotel. A motion was made to approve Ordinance No. 480-657 (ZA13-135), zoning change and concept plan for Kimball Park project subject to the following stipulations: approval of requested variances—driveway stacking depth and Subdivision Ordinance regarding the public and private street access that will be configured as shown on the concept plan; concept plan review summary No. 3, dated February 11, 2014; understanding that applicant must come forward before the second reading with the following matters to be appropriately detailed and discussed (1) detailed entry feature on front southeast corner of the hotel, which may include fountains, landscape islands and detailed renderings of such, (2) regarding Lot 6, a detailed landscape plan showing how that can be incorporated with the federal requirements to not disturb the floodway, (3) discussion of the property owners agreement and how that may work regarding the project, (4) detailed floor plans, more specifically the first floor and within that floor plan a detail of the outdoor public spaces and how those will be incorporated into the hotel, (5) also regarding Lot 6, noting what can be manicured to the extent to provide for periodic maintenance within the floodway in connection with Lot 6 landscape detail and provide detailed plant material for entire project, and (6) detailed renderings for convention center from the Kimball approach which would also include traffic circle. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Williamson Nay: Hill Approved: 6-1 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA) 9. OTHER ITEMS FOR CONSIDERATION: (THERE ARE NO ITEMS ON THIS AGENDA) REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2014 Page 11 of 12 9A. SV14-002, SIGN VARIANCE TO THE SIGN ORDINANCE NO. 704-F REGULATIONS FOR EBBY HALLIDAY REALTORS LOCATED AT 1575 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. APPROVED This item was considered earlier in the meeting. 9B. CONSIDER ITEM TO AMEND THE CITY'S 83RD LEGISLATIVE AGENDA. APPROVED Assistant City Manager Ben Thatcher presented item and was available to answer questions from Council. A motion was made to approve an amendment to the 2013 Legislative Agenda to include formal position regarding aircraft noise and airspace utilization over Southlake city limits pursuant to the staff presentation to Council this evening. Motion: Bledsoe Second: Williamson Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7-0 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 12:03 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. C�-)� John C. errell Mayor ATTEST: Alicia Richardson, City Secretary REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2014 Page 12 of 12