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2015-10-20 Regular CC MeetingCITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 20, 2015 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: Bob Mason 3. Southlake Chamber of Commerce Update 4. Honors and Recognitions A. Southlake Carroll Theatre recognition B. Special recognition of Southlake resident Barbara Gordon 5. Discuss all items on tonight's 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 aftorngy as to the posted subject matter of this City Council meeting. 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 20, 2015 Page 2 of 9 2. Section 551.074: Deliberation regardin-g personnel matters a. Deliberate the appointment of city board and commission members. 3. Section 551.087: Deliberation reciardingg economic development negotiations a. Discuss the terms and conditions of an economic development incentives program — Project No. 2014-04. 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 6, 2015 regular City Council meeting. B. Award contract to Durable Specialties, Inc. for construction of traffic signal at South Carroll Avenue and Zena Rucker Road in the amount of $158,500. C. Approve professional services agreement with Accessology Too, LLC for ADA Transition Plan, Phase II, in the amount of $53,950. D. Approve Southlake Paries Development Corporation Matching Funds request from The Miracle League of Southlake to contribute to the construction costs of the Texas Rangers Miracle League Field at Bicentennial Park. E. Ordinance No. 1129, 1St Reading, Adopting the Standards of Care for 2016 for the recreation programs for elementary school age children operated by the Community Services Department. (If approved at first reading, the public hearing will be held at the November 3, 2015 City Council meeting.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 20, 2015 Page 3 of 9 F. Approve contract with Illumination Fireworks LLC for community fireworks and special effect displays for City events in an amount not to exceed $60,100. G. Approval to purchase two portable warning sirens. H. Ordinance No. 635-C, 15t Reading, Amending Chapter 2, Article VI, Code of Ethics and Conduct of the Code of Ordinances of the City of Southlake to comply with provisions of Chapter 176 of the Texas Local Government Code as amended by HB 23. (If approved at first reading, the public hearing will be held at the November 3, 2095 City Council meeting.) I. Resolution No. 15-047, Amending the fee schedule. J. Resolution No. 15-050, Consider approval of a boundary adjustment agreement with the Town of Westlake. K. Ordinance No. 735A, 15t Reading, an ordinance revising the Bicycle Helmet Ordinance. (If approved at first reading, the public hearing will be held at the November 3, 2095 City Council meeting.) L. Ordinance No. 480-703 (ZA15-084), 1St Reading, Zoning Change and Development Plan for Diyar Eco Estates on property described as Lot 1 R, Block 2, East Haven Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 1021 East Continental Boulevard, Southlake, Texas. Current Zoning: "SF -2" Single Family Residential District. Proposed Zoning: "R -PUD" Residential Planned Unit Development District. SPIN #9. (At the request of the applicant, this item has been withdrawn.) M. ZA15-072, Site Plan for Mainstreet Transitional Facility Care/Post-Acute Care. on property being described as Lot 2, Block 1 of the Bonola Family Addition, an addition to the City of Southlake, Tarrant County, Texas located at 2540 East State Highway 114, Southlake, Texas on 5.68 acres. Current Zoning: "C-3" Local Retail Commercial District. SPIN #4. (The applicant has requested that this item be remanded back to the October 22, 2095 Planning and Zoning Commission meeting. If City Council agrees to remand this item back to the October 22, 2015 Planning and Zoning Commission meeting and the Planning and Zoning Commission makes a recommendation at this meeting (10/22/95), the City Council public hearing will be held on November 3, 2095.) City of Southlake values: Integrity ♦ Innovation 4 Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 20, 2015 Page 4 of 9 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. 480-481B, (ZA15-062), 2nd Reading, Zoning Change and Site Plan for Bicentennial Retail Plaza on property described as Lot 13, Littleberry G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 410 West Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan Zoning District. Requested Zoning: "S -P-1" Detailed Site Plan Zoning District. SPIN #7. PUBLIC HEARING B. Ordinance No. 480-702 (ZA15-074) 2nd Reading, Zoning Change and Concept Plan Lot 19, 20 and 21, H. Granberry No. 581 Addition on property described as Tract 5B, H. Granberry Survey, Abstract No. 581 and Lot 6, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 859 and 911 South White Chapel Boulevard, Southlake, Texas. Current Zoning: "AG" Agricultural District and "RE" Single Family Residential Estate District. Requested Zoning: "SF -2" Single Family Residential District and "RE" Single Family Residential Estate District. SPIN #9_ (The applicant has amended the zoning change request proposing a Zoning Change and Development Plan for "RPUD" Residential Planned Unit Development district for only Tract 5B, H. Granberry Survey, Abstract No. 589, proposing a single residential lot on approximately 5.999 acres located 859 South White Chapel Boulevard, Lot 6, H. Granberry No. 589 Addition located at 911 South White Chapel Boulevard has been removed from the zoning change request. PUBLIC HEARING C. ZA15-106, Site Plan for Del Frisco's Grille on property being described as Lot 3, Block 1 R, Southlake Town Square Addition, an addition to the City of Southlake, Tarrant County, Texas located at 1200 East Southlake Boulevard, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING D. Resolution No. 15-048 (ZA15-107), Specific Use Permit for The Parkview Residences - Option 1 on property described as Lot 4, Block 4R1, Southlake Town Square Addition, Phase I, an addition to the City of Southlake, Tarrant County, Texas and located at 1471 Federal Way, City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 20, 2015 Page 5 of 9 Southlake, Texas. Current Zoning: "DT" Downtown District. PUBLIC HEARING E. Resolution No. 15-049 (ZA15-108), Specific Use Permit for The Parkview Residences - Option 2 on property described as Lot 4, Block 4R1, Southlake Town Square Addition, Phase I, an addition to the City of Southlake, Tarrant County, Texas and located at 1471 Federal Way, Southlake, Texas. Current Zoning: "DT" Downtown District. PUBLIC HEARING F. This item was intentionally left blank. G. ZA15-081, Site Plan for Alliance Drywall on property described as Tracts 1131 OA, 1 B6C1, 1 BI OC and 1 B6C2, Harrison Decker Survey, Abstract No. 438, City of Southlake, Tarrant County, Texas and located at 1207 and 1209 Timberline Court, Southlake, Texas. Current Zoning: 14' Light Industrial District. SPIN #8. PUBLIC HEARING H. Ordinance No. 1127, 2nd Reading, Adopt ordinance to abandon permanent waterline easement as recorded in Volume 4217, Page 158 of the Deed Records of Tarrant County, Texas in a tract of land deeded to Roger G. Baird and wife Lavon Baird situated in Richard Eads Survey, Abstract No. 481 as recorded in Volume 3866, Page 632 of deed records of Tarrant County, Texas and being more particularly described as Southlake Town Square Lot 1, Block 16. PUBLIC HEARING Ordinance No. 1128, 2nd Reading, Adopt ordinance to abandon a portion of a permanent 15 -foot public sanitary sewer easement as recorded in instrument D215083782 of the Deed Records of Tarrant County, Texas, situated in the Thomas Mann Survey, Abstract No. 1049, in the City of Southlake, Tarrant County, Texas and being more particularly described as Silver Ridge Addition Phase III. PUBLIC HEARING J. Ordinance No. 657-C, (approved at 131 Reading as Ordinance No. 567-C) 2nd Reading, Consider an ordinance revising impact fees on new land development in the city of Southlake, Texas for water, wastewater and roadway facilities necessitated by such new development; adopting revised land use assumptions for the city; adopting revised capital improvements plans for water, wastewater and roadway improvements; providing for the assessment, payment and time of payment of water, wastewater and roadway impact fees; providing for review of water, wastewater and roadway impact fees and the fee schedules; providing for the placement of revenue collected from water, wastewater and roadway impact fees into water and wastewater facilities impact fee accounts and roadway impact fee accounts established for those purposes; providing for City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 20, 2015 Page 6 of 9 offsets and credits; providing for refunds of unexpended funds; providing for use of funds derived from water, wastewater and roadway impact fees; providing that impact fees may be pledged toward payment of bond issues and similar debt instruments; providing that this ordinance shall be cumulative of all ordinances; providing a severability clause; providing for notice of public hearing; and providing an effective date. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. This item was intentionally left blank. B. Ordinance No. 480-497b (ZA15-101), 18t Reading, Zoning Change and Site Plan for Zoe's Kitchen at Kimball Crossing on property described as Lot 1, Block 1, Ethan Allen 1709 Addition and Lot 1, Block 1, Kimball Crossing, additions to the City of Southlake, Tarrant. County, Texas and located at 2171 and 2175 East Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Proposed Zoning: "S- P -V Detailed Site Plan District. SPIN #8. (At the applicant's request, this item was tabled to the October 20, 2015 City Council meeting. If approved at first reading, the public hearing will be held at the November 3, 2015 City Council meeting.) 8. Resolutions: A. Resolution No. 15-044, Approving the Certificate of Formation and Bylaws for the Community Enhancement and Development Corporation. B. Resolution No. 15-051, Appoint members to various positions on the Community Engagement Committee, Crime Control and Prevention District, Library Board, Metroport Teen Court Advisory Committee, Senior Advisory Commission, and Southlake Arts Council. 9. Other items for consideration: A. Consider SV15-007, Sign Variance to the Master Sign Plan for Park Village, and Sign Ordinance No. 704, as amended, for Gloria's Latin Cuisine located at 1121 East Southlake Boulevard, Southlake, Texas. B. Consider SV15-008, Amendment to the Conditional Sign Permits (Master Sign Plan) as it pertains to temporary construction signage for all phases of Southlake Town Square generally located between East State Highway 114, North Carroll Avenue, East Southlake Boulevard and Central Avenue, and to include specific approval of construction signage at 260 State Street, Southlake, Texas. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence + Teamwork City of Southlake City Council meeting agenda October 20, 2015 Page 7 of 9 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, October 16, 2015 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ,,tiurnrrrq° Lori Payne, T MC _ t:: City Secretary _' ' If you plan to attend this pubfig°maeeW>t,a6d have a disability that requires special needs, please advise the City Secretary's Office 48 houN'18 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 October 20, 2015 Page S of 9 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 H. Watson v. City of Allen, et.al.; Civil Action No. 4:15 -CV -00335-A. 7. M.K. Painting, Inc. v. City of Southlake, Texas. Section 551.072: Deliberation regarding real eal propegy_ The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation regarding ros ective 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 to deliberate the offer of a financial or other incentive to a business prospect as described above. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 20, 2015 Page 9 of 9 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 emerg-enoL management plans regarding i eline 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 CITY OF Le TEXAS SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 20, 2015 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor Laura Hill, Mayor Pro Tern Randy Williamson (arrived at 5:36 p.m.), Deputy Mayor Pro Tern Brandon Bledsoe, and Councilmembers Gary Fawks, John Huffman, and Shahid Shafi. CITY COUNCIL ABSENT: Councilmember Shawn McCaskill. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager Alison Ortowski, Deputy Director of Communication Pilar Schank, Chief Financial Officer Sharen Jackson, Director of Economic Development and Tourism Shannon Hamons, Director of Community Services Chris Tribble, Deputy Director of Community Services Kate Meacham, Deputy Director of Community Services Candice Edmondson, Police Chief James Brandon, Fire Chief Mike Starr, Assistant to the Director of Fire Services/Emergency Management Coordinator Ben Williamson, Director of Human Resources Stacey Black, Director of Information Technology Greg Hendricks, Senior Director of Planning and Development Services Ken Baker, Director of Public Works Bob Price, Civil Engineer Om Gharty- Chhetri, Assistant to the Public Works Director Blake Williams, City Attorney E. Allen Taylor, and City Secretary Lori Payne. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Hill at 5:32 p.m. 2. INVOCATION Bob Mason gave the invocation. Mayor Hill led the pledge of allegiance to the United States and Texas Flags. 3. SOUTHLAKE CHAMBER OF COMMERCE UPDATE Mayor Hill introduced Southlake Chamber of Commerce Board Chairman Ian MacLean. Mr. MacLean gave a brief update on Chamber activities. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 1 of 21 4. HONORS AND RECOGNITIONS A. SOUTHLAKE CARROLL THEATRE RECOGNITION Student Directors, Madeleine Louviere and Wyatt Hall, were present to invite City Councilmembers and members of the public to the Southlake Carroll Theatre Department's play, Young Frankenstein, which opens on October 29, 2015. B. SOUTHLAKE RESIDENT, BARBARA GORDON, RECOGNITION Mayor Hill presented a proclamation to Barbara Gordon in recognition of her 87th birthday and many contributions to the community. 5. DISCUSS ALL ITEMS ON TONIGHT'S AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. Mayor Hill reviewed the consent agenda items. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Hill at 6:19 p.m. 2A. EXECUTIVE SESSION Mayor Hill 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; Section 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:19 p.m. Executive Session began at 6:29 p.m. and concluded at 7:38 p.m. 2B. RECONVENE Mayor Hill reconvened the meeting at 7:45 p.m. Mayor Hill asked if any action was necessary from Executive Session. There was no action necessary as a result of Executive Session. 3A. MAYOR'S REPORT Mayor Hill briefly announced upcoming meetings and events. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 2 of 21 3B. CITY MANAGER'S REPORT There was no City Manager's Report 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 Hill read the Consent Agenda items into the record. 4A. APPROVE MINUTES FROM THE OCTOBER 6, 2015 REGULAR CITY COUNCIL MEETING. 4B. AWARD CONTRACT TO DURABLE SPECIALTIES, INC. FOR CONSTRUCTION OF TRAFFIC SIGNAL AT SOUTH CARROLL AVENUE AND ZENA RUCKER ROAD IN THE AMOUNT OF $158,500. 4C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ACCESSOLOGY TOO, LLC FOR ADA TRANSITION PLAN, PHASE II, IN THE AMOUNT OF $53,950. 4D. APPROVE SOUTHLAKE PARKS DEVELOPMENT CORPORATION MATCHING FUNDS REQUEST FROM THE MIRACLE LEAGUE OF SOUTHLAKE TO CONTRIBUTE TO THE CONSTRUCTION COSTS OF THE TEXAS RANGERS MIRACLE LEAGUE FIELD AT BICENTENNIAL PARK. 4E. ORDINANCE NO. 1129, 1ST READING, ADOPTING THE STANDARDS OF CARE FOR 2016 FOR THE RECREATION PROGRAMS FOR ELEMENTARY SCHOOL AGE CHILDREN OPERATED BY THE COMMUNITY SERVICES DEPARTMENT. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD AT THE NOVEMBER 3, 2015 CITY COUNCIL MEETING.) 4F. APPROVE CONTRACT WITH ILLUMINATION FIREWORKS LLC FOR COMMUNITY FIREWORKS AND SPECIAL EFFECT DISPLAYS FOR CITY EVENTS IN AN AMOUNT NOT TO EXCEED $60,100. 4G. APPROVAL TO PURCHASE TWO PORTABLE WARNING SIRENS. 4H. ORDINANCE NO. 635-C, 1ST READING, AMENDING CHAPTER 2, ARTICLE VI, CODE OF ETHICS AND CONDUCT OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE TO COMPLY WITH PROVISIONS OF CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE AS AMENDED BY HB 23. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD AT THE NOVEMBER 3, 2015 CITY COUNCIL MEETING.) REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 3 of 21 41. RESOLUTION NO. 15-047, AMENDING THE FEE SCHEDULE. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING RESOLUTIONS NO. 99-57; PROVIDING THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL PROVISIONS OF RESOLUTION NO. 97-59;94-46, NO. 94-61, NO. 95-05, NO. 95-34, NO. 95-50, NO. 96-57, NO. 97-50, NO. 97-59, NO. 99-07; NO. 01-149; NO. 06-016; NO. 08-013, NO. 09-058, NO. 10-052; NO. 11- 046; NO. 11-050; 12-044; 13-035; 14-014; 14-042 AND PROVIDING AN EFFECTIVE DATE. 4J. RESOLUTION NO. 15-050, CONSIDER APPROVAL OF A BOUNDARY ADJUSTMENT AGREEMENT WITH THE TOWN OF WESTLAKE. 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, APPROVING A BOUNDARY ADJUSTMENT WITH THE TOWN OF WESTLAKE, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. 4K. ORDINANCE NO. 735A, 1st READING, AN ORDINANCE REVISING THE BICYCLE HELMET ORDINANCE. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD AT THE NOVEMBER 3, 2015 CITY COUNCIL MEETING.) 4L. ORDINANCE NO. 480-703 (ZA15-084), 1st READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR DIYAR ECO ESTATES ON PROPERTY DESCRIBED AS LOT 1R, BLOCK 2, EAST HAVEN ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 1021 EAST CONTINENTAL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "SF-2" SINGLE FAMILY RESIDENTIAL DISTRICT. PROPOSED ZONING: "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #9. (AT THE REQUEST OF THE APPLICANT, THIS ITEM HAS BEEN WITHDRAWN.) 4M. ZA15-072, SITE PLAN FOR MAINSTREET TRANSITIONAL FACILITY CARE/POST-ACUTE CARE ON PROPERTY BEING DESCRIBED AS LOT 2, BLOCK 1 OF THE BONOLA FAMILY ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 2540 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS ON 5.68 ACRES. CURRENT ZONING: "C-3" LOCAL RETAIL COMMERCIAL DISTRICT. SPIN #4. (THE APPLICANT HAS REQUESTED THAT THIS ITEM BE REMANDED BACK TO THE OCTOBER 22, 2015 PLANNING AND ZONING COMMISSION MEETING. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 4 of 21 IF CITY COUNCIL AGREES TO REMAND THIS ITEM BACK TO THE OCTOBER 22, 2015 PLANNING AND ZONING COMMISSION MEETING AND THE PLANNING AND ZONING COMMISSION MAKES A RECOMMENDATION AT THIS MEETING (10/22/15), THE CITY COUNCIL PUBLIC HEARING WILL BE HELD ON NOVEMBER 3, 2015.) APPROVED A motion was made to approve the consent agenda as presented and noting that Item 4L has been withdrawn by the applicant, and noting that Item 4M, ZA15-072, Site Plan for Mainstreet Transitional Facility is being remanded back to the October 22, 2015 Planning and Zoning Commission meeting. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, Shafi, Williamson Approved: 6-0 5. PUBLIC FORUM Mayor Hill opened the public forum. There being no one wishing to speak, Mayor Hill closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480-481B, (ZA15-062), 2"d READING, ZONING CHANGE AND SITE PLAN FOR BICENTENNIAL RETAIL PLAZA ON PROPERTY DESCRIBED AS LOT 13, LITTLEBERRY G. HALL NO. 686 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 410 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "S-P-1" DETAILED SITE PLAN ZONING DISTRICT. REQUESTED ZONING: "S-P-1" DETAILED SITE PLAN ZONING DISTRICT. SPIN #7. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant Tom Stephen, 711 Dominion, Southlake, Texas presented this item and answered Council's questions. Amy Cho with GSR Architects also answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 5 of 21 Mayor Hill 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 Hill closed the public hearing. A motion was made to approve Ordinance No. 480-481 B, (ZA15-062), 2nd Reading, Zoning Change and Site Plan for Bicentennial Retail Plaza subject to the Staff Report dated October 13, 2015 and the Site Plan Review Summary No. 3, dated October 13, 2015 noting the following: • The use of the patio as a bar is not allowed. • Approval of the revised renderings of the outdoor patio area presented this evening. • Noting the conditions of the applicant's email provided to the City Council this evening, including: o Coolers will be available to stock drinks, as well as a drink/soda system o Alcoholic beverages may be served from the bar; however, no permanent beer taps will be installed • Approval of patio structures as presented. • If there is a fireplace, the street side of the fireplace will be enclosed with the same approved chimney materials. • The roll down doors designed to enclose the patio food service area are subject to staff approval. • And, noting that all previous regulations, variances, and stipulations regarding the site will remain in effect, unless noted differently in this motion. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, Shafi, Williamson Approved: 6-0 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 LOT 13, LITTLEBERRY G. HALL NO. 686 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.35 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 6 of 21 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. 6B. ORDINANCE NO. 480-702 (ZA15-074) 2"d READING, ZONING CHANGE AND CONCEPT PLAN LOT 19, 20 AND 21, H. GRANBERRY NO. 581 ADDITION ON PROPERTY DESCRIBED AS TRACT 5B, H. GRANBERRY SURVEY, ABSTRACT NO. 581 AND LOT 6, H. GRANBERRY NO. 581 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 859 AND 911 SOUTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT. REQUESTED ZONING: "SF-2" SINGLE FAMILY RESIDENTIAL DISTRICT AND "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT. SPIN #9. (THE APPLICANT HAS AMENDED THE ZONING CHANGE REQUEST PROPOSING A ZONING CHANGE AND DEVELOPMENT PLAN FOR "RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT FOR ONLY TRACT 5B, H. GRANBERRY SURVEY, ABSTRACT NO. 581, PROPOSING A SINGLE RESIDENTIAL LOT ON APPROXIMATELY 5.999 ACRES LOCATED 859 SOUTH WHITE CHAPEL BOULEVARD, LOT 6, H. GRANBERRY NO. 581 ADDITION LOCATED AT 911 SOUTH WHITE CHAPEL BOULEVARD HAS BEEN REMOVED FROM THE ZONING CHANGE REQUEST.) PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. The applicant's representative was present but did not speak. Mayor Hill opened the public hearing and asked for anyone wishing to speak on the item to come forward. Michele Cline, 114 Harvard Drive, Southlake, Texas had procedural questions for Council and staff. Christy Cox-Sabo, 607 Winding Creek Court, Southlake, Texas had procedural questions for Council and staff. City Attorney Allen Taylor addressed procedural questions. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 7 of 21 Mayor Hill closed the public hearing. A motion was made to approve Ordinance No. 480-702 (ZA15-074) 2nd Reading, Zoning Change and Concept Plan Lot 19, 20 and 21, H. Granberry No. 581 Addition on property described as Tract 5B, H. Granberry Survey, Abstract No. 581 and Lot 6, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 859 and 911 South White Chapel Boulevard subject to Staff Report dated October 14, 2015 and Development Review Summary No. 3, dated September 29, 2015 and noting a 20-foot sanitary sewer easement will be provided along the east boundary, which is the rear property boundary, and noting there shall only be one residential lot within this property. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, Shafi, Williamson Approved: 6-0 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 5B, H. GRANBERRY SURVEY, ABSTRACT NO. 581, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 859 S. WHITE CHAPEL BLVD., SOUTHLAKE, TEXAS, BEING APPROXIMATELY 5.999 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RPUD" 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 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. ZA15-106, SITE PLAN FOR DEL FRISCO'S GRILLE ON PROPERTY BEING DESCRIBED AS LOT 3, BLOCK 1R, SOUTHLAKE TOWN SQUARE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 1200 EAST SOUTHLAKE BOULEVARD, REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 8 of 21 TEXAS. CURRENT ZONING: "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 Jim Kirkpatrick, 920 South Kimball Avenue, Southlake, Texas presented the item and answered Council's questions. Mayor Hill 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 Hill closed the public hearing. A motion was made to approve ZA15-106, Site Plan for Del Frisco's Grille subject to the Staff Report dated October 13, 2015 and noting that approval of the patio enclosures is subject to the elevations and sample board presented this evening. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, Shafi, Williamson Approved: 6-0 6D. RESOLUTION NO. 15-048 (ZA15-107), SPECIFIC USE PERMIT FOR THE PARKVIEW RESIDENCES - OPTION 1 ON PROPERTY DESCRIBED AS LOT 4, BLOCK 4R1, SOUTHLAKE TOWN SQUARE ADDITION, PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1471 FEDERAL WAY, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented items 6D and 6E simultaneously and was available to answer questions from Council. Applicant Frank Bliss, 1008 Quail Run Road, Southlake, Texas presented items 6D and 6E simultaneously and answered Council's questions. Mayor Hill opened the public hearings for both items 6D and 6E and asked for anyone wishing to speak on the items to come forward. Ian MacLean, 820A Enterprise Place, Southlake, Texas spoke in support. Mayor Hill closed the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 9 of 21 A motion was made to approve Resolution No. 15-048 (ZA15-107), Specific Use Permit for The Parkview Residences - Option 1 on property described as Lot 4, Block 4R1, Southlake Town Square Addition, Phase I, an addition to the City of Southlake, Tarrant County, Texas and located at 1471 Federal Way subject to Staff Report dated October 13, 2015 and Site Plan Review Summary No. 2, dated October 13, 2015 and granting the following: • allowing a maximum height of approximately 59-feet 3-inches, rather than the 52- feet maximum height allowed in the "DT" district for buildings more than 1,000- feet from East SH 114; • extending the SUP to November 20, 2016, with the same stipulations regarding the 55% sales threshold of the Garden District Brownstones and 50% residence pre-sale threshold as approved as part of the November 2013 SUP. Also noting the number of residences has decreased from 38 to 36 and the 50% threshold will be measured against the 36 units; • And, accepting the changes to the elevations as presented and part of the staff report. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Hill, Huffman, Williamson Nays: Fawks, Shafi Approved: 4-2 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, GRANTING A SPECIFIC USE PERMIT FOR RESIDENTIAL LOFTS IN THE SOUTHLAKE TOWN SQUARE "DT" DOWNTOWN DISTRICT FOR THE PARKVIEW RESIDENCES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING DESCRIBED AS LOT 4, BLOCK 4R1, SOUTHLAKE TOWN SQUARE, PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B"AND PROVIDING AN EFFECTIVE DATE. 6E. RESOLUTION NO. 15-049 (ZA15-108), SPECIFIC USE PERMIT FOR THE PARKVIEW RESIDENCES - OPTION 2 ON PROPERTY DESCRIBED AS LOT 4, BLOCK 4R1, SOUTHLAKE TOWN SQUARE ADDITION, PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1471 FEDERAL WAY, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. PUBLIC HEARING DENIED REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 10 of 21 Senior Director of Planning and Development Services Ken Baker presented items 6D and 6E simultaneously and was available to answer questions from Council. Mayor Hill opened the public hearings for both items 6D and 6E simultaneously and it is listed above with item 6D. A motion was made to deny Resolution No. 15-049 (ZA15-108), Specific Use Permit for The Parkview Residences - Option 2 on property described as Lot 4, Block 4R1, Southlake Town Square Addition, Phase I, an addition to the City of Southlake, Tarrant County, Texas and located at 1471 Federal Way. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, Shafi, Williamson Approved: 6-0 (to deny) 6F. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 6G. ZA15-081, SITE PLAN FOR ALLIANCE DRYWALL ON PROPERTY DESCRIBED AS TRACTS 1610A, 1 B6C1, 11310C AND 1B6C2, HARRISON DECKER SURVEY, ABSTRACT NO. 438, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1207 AND 1209 TIMBERLINE COURT, SOUTHLAKE, TEXAS. CURRENT ZONING: "I-1" LIGHT INDUSTRIAL 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 William Houp with ZEM Properties, 816 Royal Terrace, Hurst, Texas presented the item and answered Council's questions. Mayor Hill opened the public hearing and asked for anyone wishing to speak on the item to come forward. Jeff Wang, 1227 Timberline Court, Southlake, Texas stated concerns about this development. Mayor Hill closed the public hearing. A motion was made to approve ZA15-081, Site Plan for Alliance Drywall on property described as Tracts 1 B10A, 1 B6C1, 11310C and 1B6C2, Harrison Decker Survey, Abstract No. 438, City of Southlake, Tarrant County, Texas and located at 1207 and 1209 Timberline Court subject to Staff Report dated October 14, 2015 and Site Plan Review Summary No. 3, dated October 13, 2015 noting Council's approval of Option 2A REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 11 of 21 related to the masonry façade on the west side of the building; noting applicant's agreement to substitute four-inch caliper Live Oaks in place of the ash trees; and noting that there will be no commercial or employee parking allowed on this street. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, Williamson Nays: Shafi Approved: 5-1 6H. ORDINANCE NO. 1127, 2"d READING, ADOPT ORDINANCE TO ABANDON PERMANENT WATERLINE EASEMENT AS RECORDED IN VOLUME 4217, PAGE 158 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS IN A TRACT OF LAND DEEDED TO ROGER G. BAIRD AND WIFE LAVON BAIRD SITUATED IN RICHARD EADS SURVEY, ABSTRACT NO. 481 AS RECORDED IN VOLUME 3866, PAGE 632 OF DEED RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS SOUTHLAKE TOWN SQUARE LOT 1, BLOCK 16. PUBLIC HEARING APPROVED Director of Public Works Bob Price presented item and was available to answer questions from Council. Mayor Hill 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 Hill closed the public hearing. A motion was made to approve Ordinance No. 1127, 2nd Reading, Adopt ordinance to abandon permanent waterline easement as recorded in Volume 4217, Page 158 of the Deed Records of Tarrant County, Texas in a tract of land deeded to Roger G. Baird and wife Lavon Baird situated in Richard Eads Survey, Abstract No. 481 as recorded in Volume 3866, Page 632 of deed records of Tarrant County, Texas and being more particularly described as Southlake Town Square Lot 1, Block 16 noting any future waterlines constructed with the development of Southlake Town Square will be constructed within proper easements granted at that time. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, Shafi, Williamson Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 12 of 21 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE VACATING AND ABANDONING A PERMANENT WATERLINE EASEMENT PREVIOUSLY GRANTED TO THE CITY BY ROGER G. BAIRD AND WIFE LAVON BAIRD AS RECORDED IN VOLUME 4217, PAGE 158 OF DEED RECORDS OF TARRANT COUNTY; DECLARING THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING AND ASSIGNING THIS EASEMENT TO THE OWNERS OF THE FEE ESTATE; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 61. ORDINANCE NO. 1128, 2"d READING, ADOPT ORDINANCE TO ABANDON A PORTION OF A PERMANENT 15-FOOT PUBLIC SANITARY SEWER EASEMENT AS RECORDED IN INSTRUMENT D215083782 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, SITUATED IN THE THOMAS MANN SURVEY, ABSTRACT NO. 1049, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS SILVER RIDGE ADDITION PHASE III. PUBLIC HEARING APPROVED Director of Public Works Bob Price presented item and was available to answer questions from Council. Mayor Hill 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 Hill closed the public hearing. A motion was made to approve Ordinance No. 1128, 2nd Reading, Adopt ordinance to abandon a portion of a permanent 15-foot public sanitary sewer easement as recorded in instrument D215083782 of the Deed Records of Tarrant County, Texas, situated in the Thomas Mann Survey, Abstract No. 1049, in the City of Southlake, Tarrant County, Texas and being more particularly described as Silver Ridge Addition Phase III. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, Shafi, Williamson Approved: 6-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE VACATING AND ABANDONING A PORTION OF A PERMANENT SANITARY SEWER EASEMENT PREVIOUSLY GRANTED TO REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 13 of 21 THE CITY BY VISION SOUTHLAKE DEVELOPMENT, LLC, WHICH EASEMENT IS FILED AS INSTRUMENT NO. D215083782 AND RECORDED IN THE DEED RECORDS OF TARRANT; DECLARING THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING AND ASSIGNING THIS EASEMENT TO THE OWNERS OF THE FEE ESTATE; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 6J. ORDINANCE NO. 657-C, (APPROVED AT 1St READING AS ORDINANCE NO. 567-C) 2nd READING, CONSIDER AN ORDINANCE REVISING IMPACT FEES ON NEW LAND DEVELOPMENT IN THE CITY OF SOUTHLAKE, TEXAS FOR WATER, WASTEWATER AND ROADWAY FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; ADOPTING REVISED LAND USE ASSUMPTIONS FOR THE CITY; ADOPTING REVISED CAPITAL IMPROVEMENTS PLANS FOR WATER, WASTEWATER AND ROADWAY IMPROVEMENTS; PROVIDING FOR THE ASSESSMENT, PAYMENT AND TIME OF PAYMENT OF WATER, WASTEWATER AND ROADWAY IMPACT FEES; PROVIDING FOR REVIEW OF WATER, WASTEWATER AND ROADWAY IMPACT FEES AND THE FEE SCHEDULES; PROVIDING FOR THE PLACEMENT OF REVENUE COLLECTED FROM WATER, WASTEWATER AND ROADWAY IMPACT FEES INTO WATER AND WASTEWATER FACILITIES IMPACT FEE ACCOUNTS AND ROADWAY IMPACT FEE ACCOUNTS ESTABLISHED FOR THOSE PURPOSES; PROVIDING FOR OFFSETS AND CREDITS; PROVIDING FOR REFUNDS OF UNEXPENDED FUNDS; PROVIDING FOR USE OF FUNDS DERIVED FROM WATER, WASTEWATER AND ROADWAY IMPACT FEES; PROVIDING THAT IMPACT FEES MAY BE PLEDGED TOWARD PAYMENT OF BOND ISSUES AND SIMILAR DEBT INSTRUMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR NOTICE OF PUBLIC HEARING; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING APPROVED Director of Public Works Bob Price presented item and was available to answer questions from Council. Mayor Hill 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 Hill closed the public hearing. A motion was made to approve Ordinance No. 657-C, (approved at 1st Reading as Ordinance No. 567-C) 2" Reading, Consider an ordinance revising impact fees on new land development in the city of Southlake, Texas for water, wastewater and roadway facilities necessitated by such new development; adopting revised land use REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 14 of 21 assumptions for the city; adopting revised capital improvements plans for water, wastewater and roadway improvements; providing for the assessment, payment and time of payment of water, wastewater and roadway impact fees; providing for review of water, wastewater and roadway impact fees and the fee schedules; providing for the placement of revenue collected from water, wastewater and roadway impact fees into water and wastewater facilities impact fee accounts and roadway impact fee accounts established for those purposes; providing for offsets and credits; providing for refunds of unexpended funds; providing for use of funds derived from water, wastewater and roadway impact fees; providing that impact fees may be pledged toward payment of bond issues and similar debt instruments; providing that this ordinance shall be cumulative of all ordinances; providing a severability clause; providing for notice of public hearing; and providing an effective date and stating that fees will be set at collection rates as discussed this evening as follows: • the water impact fee and sewer impact fee will increase to 35% as shown in Exhibit F, Option A; • the residential roadway impact fees will increase to 100% of the maximum allowable and the commercial roadway impact fees will increase to 75% of maximum allowable as shown in Exhibit F, Option B; • noting the fees will take effect on April 1, 2016; • and noting there are actually two roadway service areas as opposed to the three shown in the ordinance which will be corrected with the final ordinance. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, Shafi, Williamson Approved: 6-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE REVISING IMPACT FEES ON NEW LAND DEVELOPMENT IN THE CITY OF SOUTHLAKE, TEXAS FOR WATER, WASTEWATER AND ROADWAY FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; ADOPTING REVISED LAND USE ASSUMPTIONS FOR THE CITY; ADOPTING REVISED CAPITAL IMPROVEMENTS PLANS FOR WATER, WASTEWATER AND ROADWAY IMPROVEMENTS; PROVIDING FOR THE ASSESSMENT, PAYMENT AND TIME OF PAYMENT OF WATER, WASTEWATER AND ROADWAY IMPACT FEES; PROVIDING FOR REVIEW OF WATER, WASTEWATER AND ROADWAY IMPACT FEES AND THE FEE SCHEDULES; PROVIDING FOR THE PLACEMENT OF REVENUE COLLECTED FROM WATER, WASTEWATER AND ROADWAY IMPACT FEES INTO WATER AND WASTEWATER FACILITIES IMPACT FEE ACCOUNTS AND ROADWAY IMPACT FEE ACCOUNTS ESTABLISHED FOR THOSE PURPOSES; PROVIDING FOR OFFSETS AND CREDITS; PROVIDING FOR REFUNDS OF UNEXPENDED FUNDS; PROVIDING FOR USE OF FUNDS DERIVED FROM REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 15 of 21 WATER, WASTEWATER AND ROADWAY IMPACT FEES; PROVIDING THAT IMPACT FEES MAY BE PLEDGED TOWARD PAYMENT OF BOND ISSUES AND SIMILAR DEBT INSTRUMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR NOTICE OF PUBLIC HEARING; AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 7B. ORDINANCE NO. 480-497B (ZA15-101), 1st READING, ZONING CHANGE AND SITE PLAN FOR ZOE'S KITCHEN AT KIMBALL CROSSING ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, ETHAN ALLEN 1709 ADDITION AND LOT 1, BLOCK 1, KIMBALL CROSSING, ADDITIONS TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 2171 AND 2175 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "S-P-1" DETAILED SITE PLAN DISTRICT. PROPOSED ZONING: "S-P-1" DETAILED SITE PLAN DISTRICT. SPIN #8. (AT THE APPLICANT'S REQUEST, THIS ITEM WAS TABLED TO THE OCTOBER 20, 2015 CITY COUNCIL MEETING. IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD AT THE NOVEMBER 3, 2015 CITY COUNCIL MEETING.) DENIED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant Fabiola Suarez, Development Coordinator for Zoe's Kitchen, presented the item and answered Council's questions. A motion was made to deny Ordinance No. 480-497b (ZA15-101), 1st Reading, Zoning Change and Site Plan for Zoe's Kitchen at Kimball Crossing. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, Shafi, Williamson Approved: 6-0 (to deny) Mayor Hill called for a break at 10:19 p.m. and reconvened the meeting at 10:26 p.m. Mayor Hill stated that items 9A and 9B will be considered next. 9A. CONSIDER SV15-007, SIGN VARIANCE TO THE MASTER SIGN PLAN FOR PARK VILLAGE, AND SIGN ORDINANCE NO. 704, AS AMENDED, FOR REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 16 of 21 GLORIA'S LATIN CUISINE LOCATED AT 1121 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. TABLED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant Richard Brown, 3201 Manor Way, Dallas, Texas presented item and was available to answer questions from Council. A motion was made to table SV15-007, Sign Variance to the Master Sign Plan for Park Village, and Sign Ordinance No. 704, as amended, for Gloria's Latin Cuisine located at 1121 East Southlake Boulevard to the November 3, 2015 City Council meeting. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, Shafi, Williamson Approved: 6-0 (to table) 9B. CONSIDER SV15-008, AMENDMENT TO THE CONDITIONAL SIGN PERMITS (MASTER SIGN PLAN) AS IT PERTAINS TO TEMPORARY CONSTRUCTION SIGNAGE FOR ALL PHASES OF SOUTHLAKE TOWN SQUARE GENERALLY LOCATED BETWEEN EAST STATE HIGHWAY 114, NORTH CARROLL AVENUE, EAST SOUTHLAKE BOULEVARD AND CENTRAL AVENUE, AND TO INCLUDE SPECIFIC APPROVAL OF CONSTRUCTION SIGNAGE AT 260 STATE STREET, SOUTHLAKE, TEXAS. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant Frank Bliss, 1008 Quail Run Road, Southlake, Texas presented item and answered Council's questions. A motion was made to approve SV15-008, Amendment to the Conditional Sign Permits (Master Sign Plan) as it pertains to temporary construction signage for all phases of Southlake Town Square generally located between East State Highway 114, North Carroll Avenue, East Southlake Boulevard and Central Avenue, and to include specific approval of construction signage at 260 State Street approving a variance to allow a construction sign for Z Gallerie as proposed for the three signs as presented tonight and to extend the duration for construction signs for this one particular project from 120 days to 180 days. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 17 of 21 Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, Shafi, Williamson Approved: 6-0 8. RESOLUTIONS: 8A. RESOLUTION NO. 15-044, APPROVING THE CERTIFICATE OF FORMATION AND BYLAWS FOR THE COMMUNITY ENHANCEMENT AND DEVELOPMENT CORPORATION. APPROVED No staff presentation was made on this item. A motion was made to approve Resolution No. 15-044, Approving the Certificate of Formation and Bylaws for the Community Enhancement and Development Corporation and appointing the following members: Director 1: Jeff Wang Term Expires: September 30, 2017 Director 2: Martin Schelling Term Expires: September 30, 2018 Director 3: Bob Mundlin Term Expires: September 30, 2017 Director 4: John Terrell Term Expires: September 30, 2018 Director 5: Suzanne Maisto Term Expires: September 30, 2017 Director 6: Leave vacant Term Expires: September 30, 2018 Director 7: John Thane Term Expires: September 30, 2017 Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, Shafi, Williamson Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 18 of 21 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE CERTIFICATE OF FORMATION FOR THE SOUTHLAKE COMMUNITY ENHANCEMENT AND DEVELOPMENT CORPORATION; MAKING CERTAIN FINDINGS; APPROVING BYLAWS; AND PROVIDNG AN EFFECTIVE DATE. 8B. RESOLUTION NO. 15-051, APPOINT MEMBERS TO VARIOUS POSITIONS ON THE COMMUNITY ENGAGEMENT COMMITTEE, CRIME CONTROL AND PREVENTION DISTRICT, LIBRARY BOARD, METROPORT TEEN COURT ADVISORY COMMITTEE, SENIOR ADVISORY COMMISSION, AND SOUTHLAKE ARTS COUNCIL. APPROVED No staff presentation was made on this item. A motion was made to approve Resolution No. 15-051, Appointing members to various positions on the Community Engagement Committee, Crime Control and Prevention District, Library Board, Metroport Teen Court Advisory Committee, Senior Advisory Commission, and Southlake Arts Council as follows: COMMUNITY ENGAGEMENT COMMITTEE Sherry Berman Place 1 September 2017 Randy Robbins Place 3 September 2017 David Alexander Place 5 September 2017 Heather DeLapp Place 7 September 2017 CRIME CONTROL AND PREVENTION DISTRICT BOARD Kenneth McMillan Place 1 September 2017 Robert Williams Place 2 September 2017 Frank Powers Place 3 September 2017 Richard Sandow Place 4 September 2017 Mary Grace Thoennes Place 5 September 2016 REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 19 of 21 LIBRARY BOARD Ayako Miyazaki Place 4 October 2017 Sheeza Mohsin-Dhanani Place 5 October 2017 Kelly Carlson Place 6 October 2017 Lin Lin Place 7 October 2017 METROPORT TEEN COURT ADVISORY BOARD Sandra Sobocinski Southlake Representative October 2017 Kara Clubb Southlake Representative October 2017 SENIOR ADVISORY COMMISSION Barbara Pappy Place 4 October 2017 Esther Spickler Place 5 October 2016 Marge Kyle Place 7 October 2017 Jim Miller Alternate 1 October 2017 MaryLee Alford Alternate 2 October 2016 SOUTH LAKE ARTS COUNCIL Leslie Bartlett Place 1 October 2017 Jesika Cook Place 3 October 2017 Devika Seth Place 5 October 2017 Tamara McMillan Place 7 October 2017 Kelly Trager Alternate 1 October 2017 Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, Shafi, Williamson Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2015 Page 20 of 21 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, APPOINTING MEMBERS TO VARIOUS POSITIONS ON THE COMMUNITY ENGAGEMENT COMMITTEE, CRIME CONTROL AND PREVENTION DISTRICT BOARD, LIBRARY BOARD, METROPORT TEEN COURT ADVISORY BOARD, SENIOR ADVISORY COMMISSION, AND SOUTHLAKE ARTS COUNCIL, AND PROVIDING AN EFFECTIVE DATE. 9. OTHER ITEMS FOR CONSIDERATION: 9A. CONSIDER SV15-007, SIGN VARIANCE TO THE MASTER SIGN PLAN FOR PARK VILLAGE, AND SIGN ORDINANCE NO. 704, AS AMENDED, FOR GLORIA'S LATIN CUISINE LOCATED AT 1121 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. Item 9A was considered earlier in the evening. 9B. CONSIDER SV15-008, AMENDMENT TO THE CONDITIONAL SIGN PERMITS (MASTER SIGN PLAN) AS IT PERTAINS TO TEMPORARY CONSTRUCTION SIGNAGE FOR ALL PHASES OF SOUTHLAKE TOWN SQUARE GENERALLY LOCATED BETWEEN EAST STATE HIGHWAY 114, NORTH CARROLL AVENUE, EAST SOUTHLAKE BOULEVARD AND CENTRAL AVENUE, AND TO INCLUDE SPECIFIC APPROVAL OF CONSTRUCTION SIGNAGE AT 260 STATE STREET, SOUTHLAKE, TEXAS. Item 9B was considered earlier in the evening. 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. MEETING ADJOURNED. Mayor Hill adjourned the meeting at 11:41 p.m. *An audio recording of this meeting will be permanent/ retained in the City Secretary's Office. / La Hill Mayor ATTE T: gk1THLg,,,, . ••�A P -rri Lori Payne, TRV =_ ; City Secretary •' **it REGULAR CITY t`t'Yb t fIL MEETING MINUTES, OCTOBER 20, 2015 Page 21 of 21