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2013-11-05 V ' CI O S OU F THLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: November 5, 2013 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe (present at 5:35 p.m.), Deputy Mayor Pro Tem Pamela Muller, and Councilmembers Laura Hill, Carolyn Morris, Martin Schelling and Randy Williamson. CITY COUNCIL ABSENT: STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager Alison Ortowski, Assistant to the City Manager Caroline Eckel, Communication and Website Manager Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Kari Happold, Deputy Director of Community Services Candice Edmondson, Chief Financial Officer Sharen Jackson, Fire Chief Mike Starr, Deputy Fire Chief Wade Carroll, Director of Human Resources Stacey Black, Deputy Director of Information Technology Greg Hendricks, Senior Director of Planning and Development Services Ken Baker, Deputy Police Chief Brandon James, Director of Public Works Bob Price, Deputy Director of Public Works Cheryl Taylor, City Attorney E. Allen Taylor and City Secretary Alicia Richardson. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:32 p.m. 2. INVOCATION Mr. Nino Elliott 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 Josh Derby with Three Dog Bakery was present for tonight's meeting. Mr. Derby provided a description of the services provided, hours of operation, and location of business. 4. VETERAN'S DAY PROCLAMATION REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 1 of 15 Mayor Terrell recognized City employees for their service to our country. Deputy Fire Chief Wade Carroll received the mayoral proclamation on behalf of the veterans working for the City of Southlake. 5. BICENTENNIAL PARK PHASE 2 PROJECT Director of Community Services Chris Tribble presented Council with an update on Phase 2 of the Bicentennial Park project. Mr. Tribble advised that the City is in receipt of the guaranteed maximum price from Dean Construction in the amount of $12,320,000. The project is over budget by 11% ($1,400,000) and staff has identified four options for consideration by Council. Option A — reallocate $1,000,000 approved in the Southlake Parks Development Corporation Capital Improvement Program (CIP) that is identified for Phase 3. The City will also reallocate $408,000 identified for Bicentennial Park Phase 3 as identified and planned in Fiscal Year 2015 Capital Improvement Program (CIP). Option B — reallocate $1,000,000 approved in the Southlake Parks Development Corporation Capital Improvement Program (CIP) that is identified for Phase 3. The City will also reallocate $408,000 earmarked in previous years for the Safety Town project. Option C — reallocate $316, 000 approved in the Southlake Parks Development Corporation Capital Improvement Program (CIP) that is identified for Phase 3 and defer the construction of the 60X90 field ($1,091,000). Option D — reallocate $1,000,000 approved in the Southlake Parks Development Corporation Capital Improvement Program (CIP) that is identified for Phase 3 and defer the construction of the 60X90 field ($1,091,000). Mr. Tribble advised Council the options presented would provide the funding to meet the budget shortfall for Phase 2 of the Bicentennial Park project. The consensus of Council was to direct staff to move forward with Option B. Mr. Tribble informed Council that staff would bring forward two items — guaranteed maximum price for construction manager at risk services and an amendment to the project budget for Phase 2 of the Bicentennial Park project —at the next meeting for approval by Council. 6. UPCOMING MEETING SCHEDULE Senior Planning Director of Planning and Development Services Ken Baker provided council with an overview of development cases scheduled for Planning and Zoning and City Council. Staff is seeking Council's direction with regard to the remaining City REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 2 of 15 Council meetings for the year. Staff has identified the following options to take up the remaining development cases. Option 1 — hold the December 17, 2013 City Council meeting. Option 2 — begin the November 19, 2013 and December 3, 2013 City Council meetings earlier than 5:30 p.m. Option 3 — continue the November 19, 2013 and December 3, 2013 City Council meetings to the following days if there are items remaining on the agenda at midnight. Option 4 — staff reduce the number of cases considered based on the agenda management ordinance and handle cases as they are received (first in, first out). The consensus of Council was to direct staff to hold the December 17, 2013 to take up the remaining development cases. 7. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION Mayor Terrell read the consent agenda items. Mayor Terrell recommended that Council move item 8A— appointments to Southlake Business Council and 9B— construction contract for pressure plane interconnection valves. Mayor Terrell commented that Tamara McMillan and Christina Esparza listed the Southlake Arts Council as one of their top five preferences and confirmed that they would be interested in serving on this additional board. Mayor Terrell recommended that Tamara McMillan be appointed to Place 7, term expiring October 2015 and Christina Esparza to Alternate No. 1, term expiring October 2015. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:09 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 6:10 p.m. Executive Session began at 6:23 p.m. and concluded at 7:09 p.m. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 3 of 15 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:17 p.m. Mayor Terrell asked if any action was necessary from Executive Session. There was no action needed as the result of Executive Session. 3A. MAYOR'S REPORT 3A1. Recognize State Senators Jane Nelson and KeIIy Hancock — Mayor Terrell and Council recognized the efforts of State Senators Jane Nelson and Kelly Hancock for their work during the 83 Legislative Session. 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 15, 2013 REGULAR CITY COUNCIL MEETING. 4B. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 4C. APPROVE FACILITIES UTILIZATION AGREEMENT WITH SOUTHLAKE BASEBALL ASSOCIATION (SBA). 4D. APPROVE RENEWAL OF A CONTRACT WITH O'DONNELL'S LANDSCAPE SERVICES FOR 2014 FOR GROUPS 2, 3, 4, 6 AND 7 AND AS ALTERNATE FOR GROUPS 1 AND 5 IN AN AMOUNT NOT TO EXCEED $350,000. 4E. APPROVE RENEWAL OF CONTRACT WITH SIGNATURE CONTRACTING SERVICES FOR 2014 FOR GROUP 5 AND ALTERNATE FOR GROUP 4 IN AN AMOUNT NOT TO EXCEED $15,000. 4F. APPROVE RENEWAL OF CONTRACT WITH DYNA -MIST IRRIGATION COMPANY FOR 2014 FOR GROUP 1 AND AS ALTERNATE FOR GROUPS 2, 3 AND 6 IN AN AMOUNT NOT TO EXCEED $123,000. 4G. APPROVE CONTRACT WITH CROWLEY SPORTS OFFICIALS FOR SPORTS OFFICIATING AND SCOREKEEPING SERVICES IN THE AMOUNT OF $130,000. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 4 of 15 4H. AWARD PURCHASING AGREEMENT WITH MANNING CONCRETE SAWING, INC. THROUGH AN INTER -LOCAL PURCHASING AGREEMENT WITH GRAPEVINE. 41. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH TERRA HIGHLAND OAKS, LLC FOR HIGHLAND OAKS SUBDIVISION. 4J. APPROVE ANNUAL FUEL PURCHASES WITH MARTIN EAGLE OIL IN AN AMOUNT TO EXCEED $50,000. 4K. APPROVE CARILLON PHASE 5 PARK PLAN. 4L. APPROVE PROPOSAL BY HINES GROUP FOR ART SCULPTURE IN PHASE 5 OF THE CARILLON DEVELOPMENT. 4M. AWARD PURCHASING AGREEMENT WITH TXI THROUGH AN INTER - LOCAL PURCHASING AGREEMENT WITH GRAPEVINE. 4N. AWARD PURCHASING AGREEMENT WITH VARIOUS VENDORS FOR THE PURCHASE OF ASPHALT THROUGH INTER -LOCAL PURCHASING AGREEMENT WITH TARRANT COUNTY. 40. APPROVE INTER -LOCAL AGREEMENT WITH TARRANT COUNTY FOR ASSISTANCE WITH THE RECONSTRUCTION OF RIDGECREST DRIVE. 4P. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH KELLER WATERMERE, LP FOR SOUTH VILLAGE AT WATERMERE. 4Q. APPROVE ANNUAL SUPPORT AND MAINTENANCE AGREEMENT WITH ACCELA INC. IN THE AMOUNT OF $78,951. 4R. APPROVE SERVICE CONTRACT WITH DIGITAL RESOURCES INC. TO COMPLETE THE UPGRADE OF THE COUNCIL CHAMBERS AND UPDATE THE EXECUTIVE CONFERENCE ROOM AND 3RD FLOOR OVERFLOW AREA IN THE AMOUNT OF $144,680. 4S. CONSIDER SV13 -020, VARIANCE TO SIGN ORDINANCE NO. 704 -E FOR FINLEY'S BARBER SHOP LOCATED IN KIMBALL CROSSING AT 2175 E. SOUTHLAKE BLVD., SUITE 110. 4T. TABLED ITEMS: 1. 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 REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 5 of 15 PROPERTY DESCRIBED AS LOT 1 AND LOT 2, HANNA ADDITION, 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 THIS ITEM AT THEIR OCTOBER 17, 2013 MEETING. THIS ITEM IS TO BE TABLED UNTIL THE NOVEMBER 19, 2013 CITY COUNCIL MEETING AWAITING A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION. IF APPROVED ON NOVEMBER 19, 2013, A PUBLIC HEARING WILL BE HELD ON DECEMBER 3, 2013.) 2. ORDINANCE NO. 480 -648 (ZA13 -084), 1 READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR GATEWAY LAKES ON PROPERTY DESCRIBED AS LOT 1, BLOCK 3, GATEWAY CHURCH - 114 CAMPUS, TRACT 2A4, T. MAHAN SURVEY, ABSTRACT NO. 1049 AND A PORTION OF LOT 1 AND ALL OF LOT 2, HANNA ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 890, 1000 AND 1030 NORTH KIMBALL AVENUE AND 2000 EAST KIRKWOOD BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "NR -PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT. REQUESTED ZONING: "TZD" TRANSITION ZONING DISTRICT. SPIN #4. (THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM AT THEIR OCTOBER 17, 2013 MEETING. THIS ITEM IS TO BE TABLED UNTIL THE NOVEMBER 19, 2013 CITY COUNCIL MEETING AWAITING A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION. IF APPROVED ON NOVEMBER 19, 2013, A PUBLIC HEARING WILL BE HELD ON DECEMBER 3, 2013.) 3. ORDINANCE NO. 1078 (CP13 -006), 1 READING, LAND USE PLAN AMENDMENT FROM OFFICE COMMERCIAL TO RETAIL COMMERCIAL FOR SOUTHLAKE PLAZA II BEING PORTIONS OF TRACTS 1B AND 1B1, JOHN A FREEMAN SURVEY, ABSTRACT NO. 529 LOCATED AT 2191, EAST SOUTHLAKE BOULEVARD AND 280 SOUTH. KIMBALL AVENUE, SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: "B -1" BUSINESS SERVICE PARK DISTRICT AND "AG" AGRICULTURAL DISTRICT REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #8. (THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM AT THEIR OCTOBER 17, 2013 MEETING. THIS ITEM IS TO BE TABLED UNTIL THE NOVEMBER 19, 2013 CITY COUNCIL MEETING AWAITING A RECOMMENDATION FROM THE PLANNING AND REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 6 of 15 ZONING COMMISSION. IF APPROVED ON NOVEMBER 19, 2013, A PUBLIC HEARING WILL BE HELD ON DECEMBER 3, 2013.) 4. ORDINANCE NO. 480 -650, (ZA13 -100), 1 READING, ZONING CHANGE AND SITE PLAN FOR SOUTHLAKE PLAZA II ON PROPERTY BEING DESCRIBED AS LOTS 1A1, 2A AND 3A, BLOCK B, SOUTHLAKE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 1B AND 1B1, JOHN A FREEMAN SURVEY, ABSTRACT NO. 529, SOUTHLAKE, TEXAS AND BEING LOCATED AT 2221 EAST SOUTHLAKE BOULEVARD, 2211 EAST SOUTHLAKE BOULEVARD, 2201 EAST SOUTHLAKE BOULEVARD, 2191 EAST SOUTHLAKE BOULEVARD, 280 SOUTH KIMBALL AVENUE. CURRENT ZONING: "B -1" BUSINESS SERVICE PARK DISTRICT ", "CS" COMMUNITY SERVICE DISTRICT AND "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "S -P- 1" DETAILED SITE PLAN DISTRICT. SPIN #8. (THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM AT THEIR OCTOBER 17, 2013 MEETING. THIS ITEM IS TO BE TABLED UNTIL THE NOVEMBER 19, 2013 CITY COUNCIL MEETING AWAITING A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION. IF APPROVED ON NOVEMBER 19, 2013, A PUBLIC HEARING WILL BE HELD ON DECEMBER 3, 2013.) 5. ORDINANCE NO. 1078 (CP13 -006), 1 READING, LAND USE PLAN AMENDMENT FROM OFFICE COMMERCIAL TO RETAIL COMMERCIAL FOR SOUTHLAKE PLAZA II BEING PORTIONS OF TRACTS 1B AND 1B1, JOHN A FREEMAN SURVEY, ABSTRACT NO. 529 LOCATED AT 2191, E. SOUTHLAKE BLVD. AND 280 S. KIMBALL AVE., SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: "B -1" BUSINESS SERVICE PARK DISTRICT AND "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. (THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM AT THEIR OCTOBER 17, 2013 MEETING. THIS ITEM IS TO BE TABLED UNTIL THE NOVEMBER 19, 2013 CITY COUNCIL MEETING AWAITING A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION. IF APPROVED ON NOVEMBER 19, 2013, A PUBLIC HEARING WILL BE HELD ON DECEMBER 3, 2013.) 6. ORDINANCE NO. 480 -649, (ZA13 -092), 1 READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR GLENMORE ADDITION ON PROPERTY BEING DESCRIBED AS LOTS 1R1, AND 1R2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 3H, 3H1, 3J, 3J1, 3JIA, 3JIB, 3JIC, 3J2, LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 7 of 15 LOCATED AT 280 SHADY OAKS DRIVE AND 800, 980, 1000, 1100, 1110, 1120 W. SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "R- PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #6. (THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM AT THEIR OCTOBER 17, 2013 MEETING. THIS ITEM IS TABLED UNTIL THE NOVEMBER 19, 2013 CITY COUNCIL MEETING AWAITING A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION. IF APPROVED ON NOVEMBER 19, 2013, A PUBLIC HEARING WILL BE HELD ON DECEMBER 3, 2013.) 7. ORDINANCE NO. 480 -PPPP, 1ST READING, AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO PRIVATE STABLES, INCLUDING THE BOARDING OF HORSES IN AREAS OTHER THAN THE AGRICULTURAL DISTRICT FOR THE KEEPING OF GRAZING ANIMALS. (THIS ITEM HAS BEEN ADMINISTRATIVELY TABLED BY STAFF TO THE JANUARY 7, 2014 CITY COUNCIL MEETING. THE PUBLIC HEARING WILL BE REPUBLISHED.) 8. ORDINANCE NO. 1069, 1 READING, AMENDMENT TO THE SOUTHLAKE CODE OF ORDINANCE, SUBPART A, GENERAL ORDINANCES, CHAPTER 4 "ANIMALS ", ARTICLE I, II, III, AND REPEALING ORDINANCE NO. 530 -A AND ORDINANCE NO. 530 -B AS IT PERTAINS TO THE KEEPING OF ANIMALS. (THIS ITEM HAS BEEN ADMINISTRATIVELY TABLED BY STAFF TO THE JANUARY 7, 2014 CITY COUNCIL MEETING. THE PUBLIC HEARING WILL BE REPUBLISHED.) APPROVED During work session, City Council moved items 8A and 9B to the consent agenda. A motion was made to approve the consent agenda as presented to include item 8A, appointing Tamara McMillan to Place 7 and Christina Esparza to Alternate No. 1 on the Southlake Arts Council and item 9B. 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. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 8 of 15 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480 -338E, (ZA13 -093), 2 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. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Council did not require a presentation from the applicant. 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 -338E, zoning change and site plan for CISD. 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 LOT 1, BLOCK 1, CARROLL SENIOR HIGH SCHOOL ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 55.03 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 9 of 15 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. RESOLUTION NO. 13 -039 (ZA13 -104), SPECIFIC USE PERMIT FOR TEMPORARY CONSTRUCTION AND /OR SALES FACILITY ON PROPERTY BEING DESCRIBED AS LOT 1R, BLOCK 20, CARILLON PHASE 1A, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1845 RIVIERA LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "ECZ" EMPLOYMENT CENTER ZONING DISTRICT. SPIN #3. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Council did not require a presentation from the applicant. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Resolution No. 13 -039, specific use permit for a temporary construction or sales facility at Carillion Phase 1A to June 30, 2016 and approving the requested variances — setback and foundation landscaping. 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: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR TEMPORARY CONSTRUCTION AND /OR SALES FACILITY ON PROPERTY DESCRIBED AS LOT 1R, BLOCK 20, CARILLON PHASE 1A, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 1845 RIVIERA LANE, SOUTHLAKE, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 10 of 15 APPROVED PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 11 of 15 6C. 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 N. KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "1 -1" LIGHT INDUSTRIAL DISTRICT. SPIN #4. 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 representative Michael J. Wright presented request and responded to questions from Council. Mr. Wright committed to building a screening wall for the dumpsters, which would match the building. In response to Council's question, applicant Brad Bowen commented on the discussion with the adjacent property owner regarding the off -site access drive considered and approved by the Planning and Zoning Commission. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve ZA13- 039,site plan for Trinity Partners professional office building pursuant to site plan review summary No. 3, dated October 29, 2013; approving the requested variances —tree preservation ordinance, reduction in length of the required bufferyard, and minimum spacing of 250 square feet for the driveway spacing; applicant will provide a five -foot masonry screening wall on the north side of the building (wrap style) to screen trash receptacle devices with said screening wall to match the material of the building; metal roof will be a darker earth tone with a matte finish; and subject to representations made before Council this evening. Motion: Bledsoe Second: Schelling Ayes: Bledsoe, Hill, Morris, Schelling, Terrell, Williamson Nays: Muller Approved: 6 -1 6D. 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. APPROVED REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 12 of 15 This item was presented in conjunction with item 6C. A motion was made to approve ZA13 -090, a plat showing for Lots 3 and 4, T. Mahan No. 1049 Addition pursuant to the plat review summary No. 3, dated October 30, 2013. Motion: Bledsoe Second: Schelling Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Nays: Muller Approved: 6 -1 Mayor Terrell advised that Council would move to item 9A. 9A. CONSIDER SV13 -021, VARIANCE TO THE CONDITIONAL SIGN PERMIT FOR SOUTHLAKE TOWN SQUARE, PHASE I, FOR DEL FRISCO'S GRILLE LOCATED AT 140 STATE STREET. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. A motion was made to approve the sign variance for Del Frisco's Grill, known as SV13- 021 with the specific variance approvals— maximum area for building blade sign; maximum letter height for building blade sign; maximum area for attached building sign; maximum letter height for upper fascia sign; patio wall sign; and maximum number of signs, which is the additional fascia sign on the south elevation with respect to recommended approval for the building blade sign. Motion: Bledsoe Second: Williamson Ayes: Bledsoe, Schelling, Terrell, Williamson Nays: Hill, Morris, Muller Approved: 4 -3 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 1073, 1 READING, APPROVE AN ORDINANCE AND BYLAWS TO ESTABLISH A COMMUNITY ENGAGEMENT COMMITTEE IN SUCCESSION OF THE CURRENT SPIN STANDING COMMITTEE. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON NOVEMBER 19, 2013.) APPROVED Assistant to the City Manager Caroline Eckel presented item and was available to answer questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 13 of 15 Council and staff discussed the proposed ordinance and SPIN map. Council directed staff to have a one -year mandatory review of the ordinance, remove the word "all" from item one (1) listed under duties and responsibilities and to ensure the committee's role is to aide in delivering Council's message versus gathering information for Council. A motion was made to approve Ordinance No. 1073 and bylaws to establish a Community Engagement Committee in succession of the current SPIN Standing Committee. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Nays: Morris Approved: 6 -1 8. RESOLUTIONS: 8A. RESOLUTION NO. 13 -050, APPOINTING A MEMBER TO THE SOUTHLAKE ARTS COUNCIL. APPROVED This item was approved with the consent agenda. 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 A MEMBER(S) TO SOUTHLAKE ARTS COUNCIL AND PROVIDING AN EFFECTIVE DATE. 9. OTHER ITEMS FOR CONSIDERATION: 9A. CONSIDER SV13 -021, VARIANCE TO THE CONDITIONAL SIGN PERMIT FOR SOUTHLAKE TOWN SQUARE, PHASE I, FOR DEL FRISCO'S GRILLE LOCATED AT 140 STATE STREET. APPROVED This item was considered earlier in the evening. 9B. AWARD CONSTRUCTION CONTRACT FOR PRESSURE PLANE INTERCONNECTION VALVES TO WILSON CONTRACTOR SERVICES, LLC IN THE AMOUNT OF $627,128.70. APPROVED This item was approved with the consent agenda. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 14 of 15 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 9:24 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. 10 John C. Terrell Mayor ATTEST: S k Alicia Richardson, TR:tAC _ , i City Secretary REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2013 Page 15 of 15