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2013-10-15 CITY OF SOU THLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 15, 2013 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe, Deputy Mayor Pro Tem Pamela Muller, and Councilmembers Laura Hill (present at 5:59 p.m.), Carolyn Morris, Martin Schelling and Randy Williamson. CITY COUNCIL ABSENT: STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager Alison Ortowski, Assistant to the City Manager Caroline Eckel, Communication and Website Manager Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Candice Edmondson, Chief Financial Officer Sharen Jackson, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Police Chief Steve Mylett, Senior Director of Planning and Development Services Ken Baker, Director of Public Works Bob Price, City Attorney E. Allen Taylor and City Secretary Alicia Richardson. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:37 p.m. 2. INVOCATION Mr. Bob Mason 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 announced that Mr. Steve Neal with Dine In 2Nite was present for tonight's meeting. Mr. Neal provided a description of the services provided, hours of operation, and location of business. 4. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 1 of 23 Mayor Terrell read the consent agenda items. Mayor Terrell recommended that items 6J and 6K be moved to the consent agenda with the action to table both items to the November 5, 2013 City Council meeting at the request of the applicant. At the request of Council member Morris, Assistant City Manager Ben Thatcher presented item 4C— amendment to commercial developer agreement with Cooper & Stebbins L.P. and Brownstones at Town Square Owners Association, Inc. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 5:58 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. City Council adjourned for Executive Session at 5:59 p.m. Executive Session began at 6:13 p.m. and concluded at 7:07 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:21 p.m. Mayor Terrell asked if any action was necessary from Executive Session. 3A. MAYOR'S REPORT Mayor Terrell reviewed upcoming meetings and events. Council member Hill announced the next SPARK meeting will be held on October 21, 2013 at Department Public Safety (DPS) Headquarters beginning at 7:30. The discussion topic is drugs and alcohol and representatives from Texas Alcoholic Beverage Commission (TABC), Drug Enforcement Agency (DEA) and District Attorney's Office will be present at the meeting. Mayor Pro Tem Bledsoe announced the annual Naturally Sweet fundraiser will be held on November 2 at the Bob Jones Nature Center. The event will begin at 7:00 p.m. and will include a silent auction with proceeds benefitting the Bob Jones Nature Center. 3A1. Recognize State Senator Kelly Hancock — Due to weather in Austin, Senator Hancock's recognition was moved to the November 5, 2013 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 2 of 23 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 1, 2013 REGULAR CITY COUNCIL MEETING. 4B. ITEM REMOVED FROM CONSENT AGENDA. This item was removed from the consent agenda and considered later in the meeting. 4C. APPROVE THIRD AMENDMENT TO COMMERCIAL DEVELOPER AGREEMENT WITH THE DEVELOPER OF THE BROWNSTONES, COOPER & STEBBINS L.P., AND THE BROWNSTONES AT TOWN SQUARE OWNERS ASSOCIATION FOR LANDSCAPING AND RELATED INFRASTRUCTURE IN CITY RIGHT OF WAY. 4D. APPROVE SECOND ANNUAL CONTRACT RENEWAL WITH FIRST VEHICLE SERVICES FOR PREVENTATIVE MAINTENANCE AND REPAIR SERVICES FOR FIRE APPARATUS. 4E. APPROVE INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR PARTICIPATION IN CONSTRUCTION OF THE WATERMERE DRIVE AT FM1709 TRAFFIC SIGNAL. 4F. ORDINANCE NO. 480 -338E (ZA13 -093), 1 READING, ZONING CHANGE AND SITE PLAN FOR THE CISD SENIOR HIGH SCHOOL ON PROPERTY BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL SENIOR HIGH SCHOOL ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 1501 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. SPIN #10. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON NOVEMBER 5, 2013.) 4G. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 4H. APPROVE ABSENCES FOR A PLANNING AND ZONING COMMISSIONER. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 3 of 23 41. TABLED ITEMS: 1. ZA13 -011, CONCEPT PLAN FOR SOUTHLAKE TOWN SQUARE GARDEN DISTRICT AND BROWNSTONES PHASE C ON PROPERTY DESCRIBED AS LOT 24R AND LOTS 25-35, BLOCK 24, LOTS 1 -16 AND LOT 38, BLOCK 25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 2A5 AND 2A5E, RICHARD EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE BOULEVARD AND EAST OF CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. PUBLIC HEARING CONDUCTED ON 9/3/2013 (APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE NOVEMBER 19, 2013 CITY COUNCIL MEETING.) 2. RESOLUTION NO. 13-032 (ZA13 -053), SPECIFIC USE PERMIT FOR SINGLE FAMILY RESIDENTIAL IN THE "DT" DOWNTOWN DISTRICT FOR SOUTHLAKE TOWN SQUARE BROWNSTONES PHASE C ON PROPERTY DESCRIBED AS LOT 24R, LOTS 25 -34 AND A PORTION OF LOT 35, BLOCK 24, LOTS 1 -16 AND LOT 38, BLOCK 25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 2A5E, RICHARD EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE BOULEVARD AND EAST OF CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. PUBLIC HEARING CONDUCTED ON 9/3/2013 (APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE NOVEMBER 19, 2013 CITY COUNCIL MEETING.) 3. RESOLUTION NO. 13-033 (ZA13 -054), SPECIFIC USE PERMIT FOR RESIDENTIAL LOFTS IN THE SOUTHLAKE TOWN SQUARE "DT" DOWNTOWN DISTRICT FOR THE RESIDENCES ON PROPERTY DESCRIBED AS LOT 4, BLOCK 4R1, SOUTHLAKE TOWN SQUARE, 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. SPIN #8. PUBLIC HEARING CONDUCTED ON 9/3/2013 (APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE NOVEMBER 19, 2013 CITY COUNCIL MEETING.) REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 4 of 23 4. ZA13 -012, PRELIMINARY PLAT FOR SOUTHLAKE TOWN SQUARE GARDEN DISTRICT AND BROWNSTONES PHASE C ON PROPERTY DESCRIBED AS LOT 24R AND LOTS 25- 35, BLOCK 24, LOTS 1 -16 AND LOT 38, BLOCK 25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACT 2A5E, RICHARD EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE BOULEVARD AND EAST OF CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. (APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE NOVEMBER 19, 2013 CITY COUNCIL MEETING.) 5. ZA13 -080, PLAT REVISION FOR SOUTHLAKE TOWN SQUARE GARDEN DISTRICT AND BROWNSTONES PHASE C ON PROPERTY DESCRIBED AS LOT 24R AND LOTS 25-35, BLOCK 24, LOTS 1 -16 AND LOT 38, BLOCK 25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACT 2A5E, RICHARD EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE BOULEVARD AND EAST OF CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. (APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE NOVEMBER 19, 2013 CITY COUNCIL MEETING.) 6. ZA13 -080, PLAT REVISION FOR SOUTHLAKE TOWN SQUARE GARDEN DISTRICT AND BROWNSTONES PHASE C ON PROPERTY DESCRIBED AS LOT 24R AND LOTS 25-35, BLOCK 24, LOTS 1 -16 AND LOT 38, BLOCK 25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACT 2A5E, RICHARD EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE BOULEVARD AND EAST OF CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. (APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE NOVEMBER 19, 2013 CITY COUNCIL MEETING.) 7. ORDINANCE 1077, (CP13 -005), 1 ST READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL AND MEDIUM DENSITY RESIDENTIAL TO MIXED USE FOR GATEWAY LAKES ON PROPERTY DESCRIBED AS LOT 1 AND LOT 2, HANNA ADDITION, REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 5 of 23 AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1000 AND 1030 NORTH. KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL ZONING DISTRICT. REQUESTED ZONING: "TZD" TRANSITION ZONING DISTRICT. SPIN #4. (THE PLANNING AND ZONING COMMISSION TABLED ITEM TO THEIR OCTOBER 17, 2013 MEETING. IF APPROVED, CITY COUNCIL WILL CONSIDER FIRST READING AT THEIR NOVEMBER 5, 2013 MEETING. IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON NOVEMBER 19, 2013.) APPROVED During work session, City Council removed item 4B from the consent agenda and moved items 6J and 6K to the consent agenda with the action to table both items to the November, 5 2013 City Council meeting. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 5. PUBLIC FORUM Mayor Terrell opened the public forum. There being no one wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480-645 (ZA13 -046) 2 READING, ZONING CHANGE AND CONCEPT PLAN FOR UNION CHURCH ESTATES ON PROPERTY DESCRIBED AS TRACTS 6B2 AND 6B2A, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 2535 AND 2565 UNION CHURCH ROAD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT AND "SF -2" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #11. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented items 6A and 6B and was available to answer questions from Council. Council did not require a presentation from the applicant. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 6 of 23 A motion was made to approve Ordinance No. 480 -645, zoning change and concept plan for Union Church Estates, pursuant to concept plan review summary No. 2, dated September 13, 2013. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 6B2 AND 6B2A, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 5.006 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT AND "SF -2" SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT 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. 6B. ZA13 -087, PRELIMINARY PLAT FOR UNION CHURCH ESTATES ON PROPERTY DESCRIBED AS TRACTS 6B2 AND 6B2A, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 2535 AND 2565 UNION CHURCH ROAD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. SPIN #11. APPROVED This item was presented in conjunction with item 6A. A motion was made to approve ZA13 -087, preliminary plat for Union Church Estates, pursuant to plat review summary No. 2, dated September 13, 2013. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 7 of 23 Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 6C. ORDINANCE NO. 480 -643 (ZA13 -060) 2 READING, ZONING CHANGE AND SITE PLAN FOR SOUTHLAKE PARK VILLAGE ON PROPERTY DESCRIBED TRACTS 4, 4D AND 4G, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 1001 E. SOUTHLAKE BLVD. AND 400 AND 430 SOUTH CARROLL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT AND "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #9. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented items 6C and 6D and was available to answer questions from Council. Applicant representatives Stephen Coslik and Peter Jacobsen presented the request and outlined the changes made since the last City Council meeting. Mr. Coslik responded to questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. Mr. Kenneth Horne, 1215 Ashmoore Court, asked Council to consider limiting concrete truck deliveries during school hours. There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 480 -643, zoning change and site plan for Southlake Park Village, pursuant to the following stipulations: revised site plan review summary No. 4, dated October 19, 2013, with the addition of the common area architectural enhancements provided to staff in a document dated October 11, 2013 noting the document being a material part of the motion; applicant will provide a $4.75 million letter of credit from a commercial bank acceptable to the City of Southlake with terms and conditions per drawing, subject to final negotiations between the city manager, city attorney and the applicant pursuant to the performance required to complete the common area architectural enhancements provided to the City; applicant will execute a right of access approved by the city attorney; screening wall along Zena Rucker Road will be consistent with the applicant's presentation this evening; the percentage of restaurants GLA to total project GLA will be limited to 18 %, which will be pursuant to the ULI methodology in the applicant's presentation this evening; the overall quality and descriptions in amenities and presentations to the city are a material part of this motion; the materials contained in the tower (part of the amenities architectural REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 8 of 23 enhancements provided to city) will be of metal construction; ballards along Carroll and FM 1709 as presented to the City as part of the landscape package will be installed before any certificates of occupancy are issued for the buildings known as the Village Buildings; applicant will work with staff to incorporate within the general contract for completion of the construction overall restrictions regarding the delivery of materials and preferred routes with specific regards to school zones and safety for the residents of Southlake; subject to the following variances: (1) driveway stacking; (2) driveway spacing: (3) driveway connections to Tower Boulevard and Zena Rucker Road; (4) parking lot landscape islands; and (5) lighting design; and subject to the first reading of the ordinance and the Planning and Zoning Commission recommendations. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACTS 4, 4D AND 4G, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 22.4812 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "S -P -2" GENERALIZED 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; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 9 of 23 6D. ZA13 -061, PRELIMINARY PLAT FOR LOT 1, BLOCK 1 AND LOT 1, BLOCK 2, SOUTHLAKE PARK VILLAGE ON PROPERTY DESCRIBED AS TRACTS 4, 4D AND 4G, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 1001 EAST SOUTHLAKE BOULEVARD AND 400 AND 430 SOUTH CARROLL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT AND "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #9. APPROVED This item was presented in conjunction with item 6C. A motion was made to approve ZA13 -061, preliminary plate for Southlake Park Village subject to plat review summary No. 3, dated September 13, 2013. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 6E. ORDINANCE 1074, (CP13 -002) 2 READING, LAND USE PLAN AMENDMENT FROM OFFICE COMMERCIAL TO RETAIL COMMERCIAL FOR MODY SOUTHLAKE 1 ON PROPERTY DESCRIBED AS LOT 2, BLOCK 1, GUMM SCIFRES ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 111 SOUTH VILLAGE CENTER DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: "0-1" OFFICE DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #8. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented items 6E and 6F and was available to answer questions from Council. Applicant representative Gary Weir presented request and responded to questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1074, land use plan amendment from office commercial to retail commercial for Mody described on the property as Lot 2, Block 1, Gumm Scrifes Addition. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 10 of 23 Motion: Bledsoe Second: Schelling Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE AN ORDINANCE ADOPTING THE CONSOLIDATED FUTURE LAND USE PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. 6F. ORDINANCE 480 -647 (ZA13 -075) 2 READING, ZONING CHANGE AND SITE PLAN FOR MODY SOUTHLAKE 1 ON PROPERTY DESCRIBED AS LOT 2, BLOCK 1, GUMM SCIFRES ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 111 SOUTH VILLAGE CENTER DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: "0-1" OFFICE DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #8. PUBLIC HEARING APPROVED This item was presented in conjunction with item 6E. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 480 -647, zoning change and site plan for Mody Southlake pursuant to the site plan review summary No. 4, dated September 18, 2013; noting approval of the driveway ordinance; the clock depicted in applicant renderings will be a working clock; green screening wall on the south elevation will be enhanced with a cross vine vegetation; applicant will extend the stone planter on the eastern side of the north elevation similar to what is depicted on the west side of the north elevation; and applicant will frame the doors on the north elevation complementary to the other doors noted in their renderings presented to Council. Motion: Bledsoe Second: Schelling Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 11 of 23 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 2, BLOCK 1, GUMM SCIFRES ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.473 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT AS DEPICTED ON THE APPROVED SITE PLAN 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. Mayor Terrell recessed the meeting at 8:36 p.m. Mayor Terrell reconvened the meeting at 8:49 p.m. with the same members present except Council member Hill. 6G. ORDINANCE NO. 480-646 (ZA13 -077), 2 READING, ZONING CHANGE AND SITE PLAN FOR KIMBALL LAKES ON PROPERTY DESCRIBED AS TRACT 3D AND A PORTION OF TRACT 3B, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS LOCATED AT 600 & 660 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING IS: "S -P -1" DETAILED SITE PLAN DISTRICT, "AG" AGRICULTURAL DISTRICT AND "NR -PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #4. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented items 6G, 6H and 61 and was available to answer questions from Council. Applicant representative Kathy Kenner was available to respond to questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 12 of 23 A motion was made to approve Ordinance No. 480 -646, zoning change and site plan for Kimball Lakes, approving the driveway stacking ordinance and pursuant to site plan review summary No. 3, dated October 9, 2013. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Terrell, Williamson Nays: Schelling Absent: Hill Approved: 5 -1 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACT 3D AND A PORTION OF TRACT 3B, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS, BEING APPROXIMATELY 3.89 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURE DISTRICT, "S -P -1" DETAILED SITE PLAN DISTRICT AND "NR- PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT 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; 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. 6H. ORDINANCE NO. 480 -624A (ZA13 -078), 2 READING, ZONING CHANGE AND SITE PLAN FOR SILVER RIDGE COTTAGES ON PROPERTY DESCRIBED AS TRACT 3B4 AND A PORTION OF TRACT 3B, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS LOCATED AT 600 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT AND "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "S- P-1" DETAILED SITE PLAN DISTRICT. SPIN #4. PUBLIC HEARING APPROVED This item was presented in conjunction with items 6G and 61. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 13 of 23 Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 480 -624A, zoning change and site plan for the Silver Ridge Cottages pursuant to site plan review summary No. 3, dated October 9, 2013. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Williamson Absent: Hill 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 DESCRIBED AS TRACT 3B4 AND A PORTION OF TRACT 3B, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS, BEING APPROXIMATELY 6.3 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURE DISTRICT AND "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; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 14 of 23 61. ZA13 -079, PRELIMINARY PLAT FOR SILVER RIDGE ADDITION PHASE II ON PROPERTY DESCRIBED AS TRACTS 3A4, 3C1, 3B, 3B4 AND 3D, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS LOCATED AT 600, 640, 650 & 660 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING IS "S -P -1" DETAILED SITE PLAN DISTRICT AND "NR -PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #4. APPROVED This item was presented in conjunction with items 6G and 6H. A motion was made to approve ZA13 -079, preliminary plat for Silver Ridge Addition Phase II, accepting the language to remove reference of the Silver Ridge Cottages and pursuant to plat review summary No. 2, dated September 13, 2013. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Williamson Absent: Hill Approved: 6 -0 6J. ZA13 -089, SITE PLAN FOR TRINITY PARTNERS PROFESSIONAL OFFICE BUILDING ON PROPERTY PROPOSED AS LOTS 3 AND 4, T. MAHAN NO. 1049 ADDITION AND CURRENTLY DESCRIBED AS TRACT 3A1, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS LOCATED AT 450 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "I -1" LIGHT INDUSTRIAL DISTRICT. SPIN #4. PUBLIC HEARING TABLED At the request of the applicant, this item was moved to the consent agenda with the action to table item to the November 5, 2013 City Council meeting. 6K. ZA13 -090. PLAT SHOWING FOR LOTS 3 AND 4, T. MAHAN NO. 1049 ADDITION, CURRENTLY DESCRIBED AS TRACT 3A1, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS LOCATED AT 450 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "1 -1" LIGHT INDUSTRIAL DISTRICT. SPIN #4. TABLED At the request of the applicant, this item was moved to the consent agenda with the action to table item to the November 5, 2013 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 15 of 23 6L. ZA13 -065, SITE PLAN FOR CARROLL POINTE ON PROPERTY DESCRIBED AS LOT 1 R, GREENWAY - CARROLL ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 1201 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS. CURRENT ZONING: "C -3" GENERAL COMMERCIAL DISTRICT. SPIN #8. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representative Evan Beattie presented request and was available to answer questions from Council. Mr. Beattie reviewed the changes made since the last City Council meeting. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. Mr. Vic Awtry, 775 Lakewood, inquired if exit B would be designated as a right -in and right -out. Mr. Beattie clarified that exit B is only a right out and that vehicular traffic traveling southbound on Carroll would be able to tum left. Mr. Awtry asked Council to consider designating median as a "No U- Turn ". There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve ZA13 -065, site plan for Carroll Pointe shopping center pursuant to site plan review summary No. 4, dated October 9, 2013 and noting approval of the following variances: (1) tree preservation; (2) bufferyards; (3) setbacks; (4) stacking depth; (5) driveway separation; and (6) building articulation as it relates to Building B with the following additions: the project will have 70% non - stucco masonry materials and of the materials and design as made in the presentation tonight; noting the landscape plan with respect to tree canopies, the applicant will be applying a crushed pecan whole mulching material and the underneath of the tree canopy will receive a regularly scheduled maintenance in addition thereof of the mulching material to ensure a quality manicured appearance; applicant will provide an easement to the City of Southlake for 400 square feet to allow access for signage, materials, landscape or whatever is deemed necessary by the City; Building B— approval of patio option as noted on east elevation on the north end and also the option without the patio addition on the east elevation for the north end; Building A— umbrellas noted on the north end were only included for illustrative purposes and are not part of the motion and not deemed to be an approved use for the patio area and the service doors on the west elevation shall be of a complementary darker stucco color in the area below the tiled awning. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 16 of 23 Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Williamson Absent: Hill Approved: 6 -0 6M. ORDINANCE NO. 1076, 2 READING, APPROVING A NEGOTIATED RESOLUTION BETWEEN ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP. PUBLIC HEARING APPROVED Council did not require a presentation from staff. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. A motion was made to approve Ordinance No. 1076, a negotiated resolution between Atmos Cities Steering Committee and Atmos Energy Corporation. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Williamson Absent: Hill Approved: 6 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID -TEX DIVISION REGARDING THE COMPANY'S 2013 ANNUAL RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; PROVIDING A MOST FAVORED NATIONS CLAUSE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 17 of 23 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA.) 8. RESOLUTIONS: 8A. CONSIDER RESOLUTION NO. 13 -040, SUPPORT CONSTITUTIONAL AMENDMENT PROPOSITION 3, AUTHORIZING A POLITICAL SUBDIVISION TO EXTEND NUMBER OF DAYS THAT AIRCRAFT PARTS ARE EXEMPT FROM AD VALOREM TAXATION. APPROVED Mayor Terrell presented item and was available to answer questions from Council. A motion was made to approve Resolution No. 13 -040, which supports constitutional amendment proposition No. 3 that authorizes a political subdivision to extend the number of days that aircraft parts are exempt from ad valorem taxation. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Williamson Absent: Hill Approved: 6 -0 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, SUPPORTING CONSTITUTIONAL AMENDMENT PROPOSITION 3, AUTHORIZING A POLITICAL SUBDIVISION TO EXTEND NUMBER OF DAYS THAT AIRCRAFT PARTS ARE EXEMPT FROM AD VALOREM TAXATION. 8B. CONSIDER RESOLUTION NO. 13 -041, SUPPORT CONSTITUTIONAL AMENDMENT PROPOSITION 6, PROVIDING FOR CREATION OF THE STATE WATER IMPLEMENTATION FUND AND THE STATE WATER IMPLEMENTATION REVENUE FUND. APPROVED Mayor Terrell presented item and was available to answer questions from Council. A motion was made to approve Resolution No. 13 -041, which supports constitutional amendment proposition No. 6 that provides for the creation of the state water implementation fund and the state water implementation revenue fund. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 18 of 23 Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Williamson Absent: Hill Approved: 6 -0 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, SUPPORTING CONSTITUTIONAL AMENDMENT PROPOSITION 6, PROVIDING FOR THE CREATION OF THE STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS TO SUPPORT LONG -RANGE WATER SUPPLY AND CONVERSATION PROJECTS STATEWIDE AND PROVIDING AN EFFECTIVE DATE. 9. OTHER ITEMS FOR CONSIDERATION: 9A. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 9B. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 9C. SV13 -019, VARIANCE TO SIGN ORDINANCE 704-F REGULATIONS FOR SEDO LASER / SEDO CRY() LOCATED AT 750 AND 752 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representative Curt Horak responded to questions from Council. Mr. Horak confirmed the building has a shared lobby for Sedo Laser and Sedo Cryo. Business owner Misti Mitteis clarified that Sedo Laser and Sedo Cryo are two separate businesses. A motion was made to approve SV13 -019, a variance to sign ordinance 704 -F for the Sedo Laser / Sedo Cryo business located at 750 and 752 North Carroll; noting the approval of the variance with the exception that the letters will be 10 inches in height and the applicant will place the building address numbers (minimum 8 inches) on the front facing facade of the building pursuant to current ordinance. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 19 of 23 Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell Nays: Williamson Absent: Hill Approved: 5 -1 Executive Session Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.074 to deliberate personnel matters —board and commission appointments as posted on the regular agenda. City Council adjourned for Executive Session at 10:29 p.m. Executive Session began at 10:35 p.m. and concluded at 10:37 p.m. RECONVENE Mayor Terrell reconvened the meeting at 10:55 p.m. Mayor Terrell asked if any action was necessary from Executive Session. Council took action on item 4B. 4B. APPROVE RESOLUTION NO. 13 -037, APPOINTING MEMBERS TO VARIOUS POSITIONS ON THE CRIME CONTROL AND PREVENTION DISTRICT, LIBRARY BOARD, METROPORT TEEN COURT, SENIOR ADVISORY COMMISSION, SOUTHLAKE ARTS COUNCIL, AND SOUTHLAKE BUSINESS COUNCIL. A motion was made to appoint the following citizens to the Crime Control and Prevention District, Library Board, Metroport Teen Court, Senior Advisory Commission, Southlake Arts Council and Southlake Business Council. CRIME CONTROL AND PREVENTION DISTRICT BOARD Name Place Term Expiring Ken McMillan Place 1 September 2015 Robert Williams Place 2 September 2015 Frank Powers Place 3 September 2015 Richard Sandow Place 4 September 2015 REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 20 of 23 LIBRARY BOARD Name Place Term Expiring Ayako Miyazaki Place 4 October 2015 Kimberly Roberts Place 5 October 2015 Christina Esparza Place 6 October 2015 Sally Biersmith Place 7 October 2015 METROPORT TEEN COURT Name Place Term Expiring Sandra Sobocinski Southlake Representative October 2015 Left Vacant Southlake Representative October 2015 Laura Hill Southlake Council October 2015 SENIOR ADVISORY COMMISSION Name Place Term Expiring David Baltimore Place 4 October 2015 Margie Kyle Place 7 October 2015 Barbara Pappy Alternate No. 1 October 2015 SOUTHLAKE ARTS COUNCIL Name Place Term Expiring Leslie Bartlett Place 1 October 2015 Jesika Cook Place 3 October 2015 Lamberto Alvarez Place 5 October 2015 Leslie Ann Walker Place 7 October 2015 REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 21 of 23 Left Vacant Alternate No. 1 October 2015 SOUTHLAKE BUSINESS COUNCIL Name Place Term Expiring Brett Kidd General Business October 2015 Wendy Knutson Professional Services October 2015 Insurance /Accounting/Law Left Vacant Restaurant - Franchise October 2015 Mike Hutchison Hospitality /Hotel October 2015 Mike Tesoriero Marketing/Public October 2015 Relations Left Vacant Retail — Local October 2015 Peter Ermish Manufacturing / October 2015 Distribution Left Vacant Bank/Financial October 2015 Left Vacant Medical October 2015 Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Williamson Absent: Hill Approved: 6 -0 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 22 of 23 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 11:04 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. It L 4 John C. Terrell Mayor ATTEST: 00 001 1 tall l :P i,`, \Lir/6( e.'* Alicia Richardson, tfR19C > s c City Secretary • * * * 0 0"` ^ l8!l et 611 REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2013 Page 23 of 23