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2014-03-04 er CITY OF SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: MARCH 4, 2014 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe, Deputy Mayor Pro Tem Pamela Muller, and Councilmembers Laura Hill, Carolyn Morris, Martin Schelling and Randy Williamson. CITY COUNCIL ABSENT: None STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager Alison Ortowski, Communication and Website Manager Pilar Schank, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Interim Director of Information Technology Greg Hendricks, Deputy Police Chief Brandon James, Senior Director of Planning and Development Services Ken Baker, Building Official Paul Ward, Director of Public Works Bob Price, City Attorney E. Allen Taylor and City Secretary Alicia Richardson. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:35 p.m. 2. INVOCATION Mr. Clayton Reed gave the invocation. Mayor Terrell led the pledge of allegiance to the United States and Texas Flags. 3. LOCAL BUSINESS REPORT Assistant City Manager Alison Ortowski introduced Ragan Lynn with Sally Lynn Homes. Ms. Lynn provided a description of the services provided, hours of operation, and location of business. 4. PROCLAMATION — SOUTHLAKE WUZHONG STUDENT EXCHANGE DAY REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 1 of 21 Mayor Terrell recognized and presented a proclamation to Southlake Sister Cities President Jeff Wang proclaiming March 6, 2014 as Southlake Wuzhong student exchange day. At the request of Mayor Terrell, Mr. Wang provided Council with an update on the Southlake Sister Cities program. 5. UPDATE ON COMMUNITY RECREATION CENTER — LOCAL OPTION SALES TAX DISCUSSION Assistant City Manager Ben Thatcher advised that tonight's presentation will provide Council with a review of the local option sales tax guidelines, the City's current local options sales tax uses and the recommendation for funding the community recreation center. The community recreation center project will be completed in a phased construction with Phase I consisting of the senior center, banquet hall, community meeting rooms and an amphitheater. The first phase will be funded by cash and the groundbreaking is anticipated in August or September 2014 with the grand opening to be held in November or December 2015. The second phase will funded by debt and will include a gymnasium, job /walk track, fitness, performance training, indoor playground, aquatics, classrooms and party rooms. The groundbreaking for Phase II is anticipated in September 2016 with the grand opening scheduled for early 2018. Mr. Thatcher explained that construction of Phase II will be contingent upon voter approval of a sales tax election. Currently, the sales tax in the City of Southlake is 8.25% and the allocation of the tax is 6.25% for the Texas sales tax rate and 2% for the City of Southlake. The percentage amount that a city, county or special district adopts cannot exceed 2% at any location within its territorial limits. The adopted sales tax is contingent upon voter approval. Mr. Thatcher informed Council that a municipality has a choice of eleven (11) local option sales use tax — regular sales tax, economic development sales tax Type A, economic development sales tax Type B, street maintenance sales tax, municipal development corporation, venue tax (stadium) (rate options), transportation sales tax, municipal development district, fire control, prevention, EMS district, property tax relief, and crime control and prevention district —to propose for consideration by voters. Mr. Thatcher advised that most of the local option sales use taxes are capped at .50% (half percent) with the exception of the general sales tax. Mr. Thatcher provided an illustration of the City of Southlake's current sales tax distribution that depicted 1% (one penny) is allocated toward sales tax that goes to the City's general fund. The remaining 1% is divided evenly with .50% (half penny) allocated toward the Crime Control and Prevention District and .50% (half penny) allocated toward the Southlake Parks Development Corporation (Type B). Mr. Thatcher advised that the Crime Control and Prevention District was created in November 1997 for a five (5) year time frame and reauthorized by the voters in February 2002 for an additional 15 years. The purpose of the District is dedicated to crime reduction REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 2 of 21 programs. The Southlake Parks Development Corporation was created in November 1993 with the purpose to develop public parks or other projects as permitted by law. Staff has researched the various local sales tax options and recommends that the sales tax distribution be changed to allow the City to utilize a sales tax district (Type A) to fund the construction and operation of the community recreation center and have the flexibility to address economic development programs and business infrastructure related items. Staffs recommendation includes a revised distribution of the 2% sales tax with 1% (one penny) allocated toward sales tax that goes to the City's general fund. The remaining 1% is distributed with .50% (half penny) allocated toward the Southlake Parks Development Corporation, and the remaining .50% (half penny) being distributed with .125% (1/8 of a penny) allocated toward Crime Control Prevention District and .375% (3/8 of a penny) allocated toward the proposed Type A sales tax district. Mr. Thatcher advised Council that the Crime Control and Prevention District would still be able to fund the District's debt obligations and continue maintenance of the School Resource Officer (SRO) program. Mr. Thatcher further commented that staffs recommendation for a Type A economic development sales tax would provide the City the most flexibility to build and operate the community recreation center and for the promotion and development of new and expanded business enterprises. Mr. Thatcher informed Council that an election will be held to determine voter approval to change the City's distribution of the sales tax as noted above and to create the proposed Type A sales tax district. Council and staff discussed the recommendation and directed staff to move forward with the recommendation as outlined in the presentation. Council also asked staff to be mindful of the educational communication that is provided to the public regarding the upcoming May 2015 election. 6. 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 reviewed the consent agenda items and informed Council that he had a request to remove item 4B from the consent agenda to be considered separately. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:13 p.m. 2A. EXECUTIVE SESSION REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 3 of 21 Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney, Section 551.072, deliberation regarding real property and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:14 p.m. Executive Session began at 6:59 p.m. and concluded at 7:20 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:33 p.m. Mayor Terrell asked if any action was necessary from Executive Session. There was no action necessary as a result of Executive Session. 3A. MAYOR'S REPORT 3B. CITY MANAGER'S REPORT 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 FEBRUARY 18, 2014 REGULAR CITY COUNCIL MEETING. 4B. ITEM REMOVED FROM CONSENT AGENDA. 4C. TABLED ITEMS: 1. ORDINANCE 1084, (CP13 -010) 1 READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL AND A TEXT AMENDMENT TO WRITE IN A SITE SPECIFIC RECOMMENDATION TO ALLOW AN ASSISTED LIVING FACILITY FOR HARBORCHASE OF SOUTHLAKE ON PROPERTY DESCRIBED AS LOT 2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 250 SHADY OAKS DR., SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #6. (THIS ITEM IS ADMINISTRATIVELY TABLED TO THE MARCH 18, 2014 CITY COUNCIL MEETING. IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON APRIL 1, 2014.) REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 4 of 21 2. ORDINANCE NO. 480 -658 (ZA13 -138) 1 ST READING, ZONING CHANGE AND SITE PLAN FOR HARBORCHASE OF SOUTHLAKE ON PROPERTY DESCRIBED AS LOT 2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 250 SHADY OAKS DR., SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #6. (THIS ITEM IS ADMINISTRATIVELY TABLED TO THE MARCH 18, 2014 CITY COUNCIL MEETING. IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON APRIL 1, 2014.) 3. ORDINANCE NO. 480 -660 (ZA14 -006), 1 ST READING, ZONING CHANGE AND SITE PLAN FOR THE WESTIN HOTEL ON PROPERTY DESCRIBED AS LOT 1, BLOCK 4, GATEWAY CHURCH - 114 CAMPUS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1200 E. STATE HIGHWAY 114, SOUTHLAKE, TEXAS. CURRENT ZONING: "NR -PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD # 4. (THIS ITEM IS ADMINISTRATIVELY TABLED TO THE MARCH 18, 2014 CITY COUNCIL MEETING. IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON APRIL 1, 2014.) 4. ZA14 -003, SITE PLAN FOR KIMBALL BUSINESS CENTER ON PROPERTY BEING DESCRIBED AS LOT 2 -R -2, GREEN MEADOW SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 925 S. KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: 1 -1 - INDUSTRIAL. SPIN NEIGHBORHOOD #8. (THIS ITEM AND PUBLIC HEARING IS ADMINISTRATIVELY TABLED TO THE MARCH 18, 2014 CITY COUNCIL MEETING.) 5. RESOLUTION NO. 14 -006 (ZA14 -010) SPECIFIC USE PERMIT TO ALLOW OUTDOOR SALES OR SERVICES AT HOME DEPOT ON PROPERTY DESCRIBED AS LOT 4A, BLOCK 2, VILLAGE CENTER ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 300 VILLAGE CENTER DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: "C -3" GENERAL COMMERCIAL DISTRICT. SPIN NEIGHBORHOOD #8. (THIS ITEM AND PUBLIC HEARING IS ADMINISTRATIVELY TABLED TO THE MARCH 18, 2014 CITY COUNCIL MEETING.) 6. RESOLUTION NO. 14 -007 (ZA14 -011) SPECIFIC USE PERMIT TO ALLOW A TEMPORARY SALES FACILITY ON PROPERTY DESCRIBED AS TRACT 2A5E, R. EADES SURVEY, ABSTRACT NO. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 5 of 21 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 351 CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN NEIGHBORHOOD #8. (THIS ITEM AND PUBLIC HEARING IS ADMINISTRATIVELY TABLED TO THE MARCH 18, 2014 CITY COUNCIL MEETING.) APPROVED A motion was made to approve the consent agenda as discussed to move item 4B to the regular agenda. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 4B. APPROVE RESOLUTION 14 -003, A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH EXCEL SOUTHLAKE I, L.P., A DELAWARE LIMITED PARTNERSHIP, FOR SUCH PURPOSES; AND PROVIDING AN EFFECTIVE DATE. APPROVED 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 TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH EXCEL SOUTHLAKE I LP, A DELAWARE LIMITED PARTNERSHIP, FOR SUCH PURPOSES; AND PROVIDING AN EFFECTIVE DATE. A motion was made to approve Resolution No. 14 -003. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Williamson Nays: Schelling Approved: 6 -1 5. PUBLIC FORUM There being no one wishing to speak, Mayor Terrell closed the public forum. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 6 of 21 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. RESOLUTION NO. 14 -008 (ZA14 -013) SPECIFIC USE PERMIT TO ALLOW A TEMPORARY CONSTRUCTION FACILITY ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, SOLANA ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 500 WEST DOVE ROAD, SOUTHLAKE, TEXAS. CURRENT ZONING: "NR -PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #1. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Resolution No. 14 -008, a specific use permit to allow a temporary construction facility for the Solana Addition subject to the following: existing six -foot opaque fence material surrounding the property remain in place; the specific use permit expiring on the earlier of 60 days after certificate of occupancy is issued or November 15, 2014; approval of requested variances for the building not to be skirted, landscaping requirement not being met and the paved parking spaces not being provided; and pursuant to the Planning and Zoning Commission recommendations. 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 1, BLOCK 1, SOLANA ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 500 WEST DOVE ROAD, SOUTHLAKE, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 7 of 21 6B. ORDINANCE 1082 (CP13 -009), 2 READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR REMINGTON ESTATES ON PROPERTY BEING DESCRIBED AS LOT 1, GREG'S COUNTRY ACRES ADDITION, AND TRACTS 2A2 AND 2A1 OF THE S. FREEMAN SURVEY ABSTRACT NO. 525, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 395, 405 AND 413 SHADY LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #4. PUBLIC HEARING DENIED WITHOUT PREJUDICE Senior Director of Planning and Development Services Ken Baker presented items 6B, 6C, and 6D and was available to answer questions from Council. Mr. Baker's presentation included a review of requested changes made by Council at their February 18, 2014 City Council meeting. Applicant representatives Tom Matthews and Curtis Young reviewed changes that were made following Council's discussion on February 18, 2014. Mr. Matthews asked Fire Chief Mike Starr to respond to Council's question regarding existing accessibility and lack of services to the property owned by Mr. and Mrs. Fusella, Mr. and Mrs. Mertz, and Ms. LaTurno. Fire Chief Starr informed Council the current access to the property is by way of a dirt road. The City's only hydrant is located at Shady Lane's entrance. Due to the distance, the City would be required to utilize two fire trucks to gain access and ample water supply. Chief Starr commented that the proposal would provide a paved street and fire hydrants located throughout the development. Chief Starr commented that Mr. Fusella's address could be flagged in the City's CAD system that would inform emergency vehicles to enter off Remington to access the house. Mayor Terrell opened the public hearings for items 6B and 6C and asked for anyone wishing to speak on the item to come forward. The following people spoke in opposition: Mr. David Dowd, 2900 Hillcastle Lane; Ms. Ximena Perjea, 2820 Rainforest Court; Ms. Marlene Spady, 2860 Rainforest Court; Mr. Joseph R. Bayer, 2829 Rainforest Court; Mr. Brent Sheffield, 800 Simmons Court; Mr. Paul Locklin, 2620 Rolling Lane; Mr. David Stanhope, 2530 Greenbough Lane; Ms. Angie Vodraska, 2800 Rainforest Court; Mr. Thomas Kaiser, 2820 Hillcastle Lane; Ms. Nancy DePue, 2810 Rainforest; Mr. Jim DePue, 2810 Rainforest Court; Mr. A.C. Urbanosky, 2859 Raintree; Ms. Jennifer Allfricht (speaking on behalf of family), 2810 Rolling Lane; Ms. Susan Johnson, 839 Simmons Court (presented Council with 100 signatures, which will be filed with the minutes); Ms. Antonia Buban, 603 Shady Lane; Lloyd and Alice Satterfield (did not speak), 2417 Greenbough Lane; Ms. Helen Hansen Clary, 415 Shady Lane (read a letter on behalf of Mr. Hunter Haas of 616 Shady Lane, which will be filed with the minutes); Ms. Janet Rogers, 425 Shady Lane; Ms. Kay REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 8 of 21 Absher, 410 Shady Lane (clarified at meeting that she is in opposition); Ms. Nancy Trissell, 615 Shady Lane; Mr. Tim Miller, 2509 Rolling Lane; Mr. Scott Sathcer, 2725 Raintree Drive; and Ms. Elizabeth Johnson, 2460 Raintree Drive. The following people did not wish to speak, but asked that their opposition be recorded: Ms. Flora Swanson, 2480 Greenbough Lane; Ms. Carol Dowd, 2900 Hillcastle Lane; Ms. Paula Sathcer, 2725 Raintree Drive; Ms. Stephanie Basinger, 2869 Rainforest Court; Ms. Linda Ann Bayer, 2829 Rainforest Court; Mr. Harold Trissell, 615 Shady Lane; Ms. Donna Miller, 2509 Rolling Lane; Mr. Pete Azamar, 780 Shady Lane; Ms. Kathy Bentley, 2481 Greenbough Lane; The following people spoke in support: Ms. Michel Fusella, 409 Shady Lane; Mr. Tim Bradford, 405 Shady Lane; Mr. Jim Mertz (representing parents at 1008 Woodbriar Drive); and Ms. Bevery Wells (speaking on behalf of Ms. LaTurno at 413 Shady Lane). There being no one else wishing to speak, Mayor Terrell closed the public hearings for items 6B and 6C. Executive Session Mayor Terrell announced that Council would convene into Executive Session as authorized by Texas Government Code, Section 551.071, consultation with city attorney. City Council adjourned for Executive Session at 9:25 p.m. Executive Session began at 9:28 p.m. and concluded at 10:08 p.m. Mayor Terrell reconvened the meeting at 10:15 p.m. Mayor Terrell announced there was no action necessary as the result of Executive Session. Mr. Matthews responded to comments made by the citizens during the public hearing. A motion was made to deny Ordinance No. 1082, land use plan amendment from low density to medium density residential without prejudice. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Motion to deny carried: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE CONSOLIDATED FUTURE LAND USE PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 9 of 21 6C. ORDINANCE NO. 480 -656 (ZA13 -134), 2 READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR REMINGTON ESTATES ON PROPERTY BEING DESCRIBED AS LOT 1, GREG'S COUNTRY ACRES ADDITION, AND TRACTS 2A2 AND 2A1 OF THE S. FREEMAN SURVEY ABSTRACT NO. 525, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 395, 405 AND 413 SHADY LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #4. PUBLIC HEARING DENIED WITHOUT PREJUDICE This item was presented in conjunction with item 6B and 6D. A motion was made to deny Ordinance No. 480 -656, zoning change and development plan for Remington Estates without prejudice. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Motion to deny carried: 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 LOT 1, GREG'S COUNTRY ADDITION AND TRACTS 2A02 AND 2A01 OF THE S. FREEMAN SURVEY ABSTRACT NO. 525— AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 13.43 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R- PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT, 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. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 10 of 21 6D. ZA13 -140, PRELIMINARY PLAT FOR REMINGTON ESTATES ON PROPERTY BEING DESCRIBED ASLOT 1, GREG'S COUNTRY ADDITION AND TRACTS 2A02 AND 2A01 OF THE S. FREEMAN SURVEY ABSTRACT NO. 525, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 395, 405, AND 413 SHADY LANE. CURRENT ZONING: "AG" AGRICULTURAL AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING; "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN NEIGHBORHOOD #4. DENIED WITHOUT PREJUDICE This item was presented in conjunction with items 6B and 6C. A motion was made to deny ZA13 -140, preliminary plat for Remington Estates without prejudice. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Motion to deny carried: 7 -0 At the request of the Mayor, City Attorney Allen Taylor explained that development proposals that have been denied by the governing body include a prohibition that the developer may not resubmit a proposal for at least one year on the same property. When a governing body denies a development proposal without prejudice it allows the developer to resubmit a proposal within one year. The new submittal will initiate the entire process beginning with the Planning and Zoning Commission and appropriate legal notices. 6E. ORDINANCE NO. 480-657 (ZA13 -135), 2 READING, ZONING CHANGE AND CONCEPT /SITE PLAN FOR KIMBALL PARK ON PROPERTY DESCRIBED AS TRACTS 3A1A AND 3A2A, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 400 AND 470 N. KIMBALL AVE., SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -2 GENERALIZED SITE PLAN DISTRICT. REQUESTED ZONING: S -P -2 GENERALIZED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #4. 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 representatives Jeff Medici (Medici Development Partners), Phillip Stewart (Myhre Group Architects), Jimmy Fechter (Adams Engineering), Michael Lusick (Cambria Brand Operations), Scott Rosenberg (Jonathan Nehmer + Assoc., Inc.), and Michael DeMaria (M Culinary Concepts) reviewed changes that were made following Council's discussion on February 18, 2014. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 11 of 21 Council discussed the changes presented by the applicants. In response to questions from Council, Mr. DeMaria discussed the cuisine that would be provided at the hotel and Mr. Lusick clarified the restaurant's hours of operation. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. Mayor Terrell advised that he received comment cards from the following people who supported the request, but did not wish to speak: Randy and Jennifer Robbins, 1190 East Dove Road; Mr. Tim Stone, 2606 Day Court; and Pamela Medici, 2123 Cheyenne Park. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 480 -657, zoning change and concept/site plan for Kimball Park pursuant to the following: revised concept plan review summary No. 3, dated February 26, 2014; approving requested variances — driveway and minimum required stacking and Subdivision Ordinance 483, Section 8.01(A), as amended, which requires every lot to be on a public or private street and as requested to allow the lots to be configured as shown on the revised concept plan; also noting the requirements under this motion are pursuant to: (1) the revised renderings that were presented to Council this evening; (2) the Declaration of Covenants, Restrictions, and easements (CCR) as presented to Council in the application this evening; (3) the revised landscape plan presented to Council; (4) the revised permitted uses, as presented from Adams Engineering in their letter dated March 4, 2014, noting that the drive - through service will only be allowed for Lot 4; (5) also noting the balance of the concept plan for the buildings that are not included in this site plan approval that it is Council's expectation there will be 100% masonry construction; (6) the permitted uses represented from Adams Engineering that the food service hours of operations as noted in the application that "they will close no later than 11:00 p.m." that it is Council's intention to have wording that mentions that it will be "no earlier than 11:00 p.m.; (7) the office building in the concept plan will be a four story construction and that additional parking will be presented on the first level underneath the building; (8) and pursuant to the revised concept/site plan as presented this evening. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Williamson Nays: Schelling Approved: 6 -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 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 12 of 21 WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 3A1A AND 3A2A, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 15.518 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT AND SITE PLANS 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. 6F. ZA13 -136, PRELIMINARY PLAT FOR KIMBALL PARK ON PROPERTY DESCRIBED AS TRACTS 3A1A AND 3A2A, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 400 AND 470 N. KIMBALL AVE., SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. PROPOSED ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #4. APPROVED This item was presented in conjunction with item 6E. A motion was made to approve ZA13 -136, preliminary plat for Kimball Park pursuant to the following: plat review summary No. 2, dated January 3, 2014; noting approval of the requested variances — driveway stacking depth and requirement that every lot front a public or private street and lots be completed as shown on the concept plan. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 6G. ORDINANCE NO. 480 -659 (ZA13 -142), 2ND READING, ZONING CHANGE AND CONCEPT PLAN FOR LOTS 3-6, W.W. HALL NO. 687 ADDITION ON PROPERTY DESCRIBED AS TRACT 1, W.W. HALL SURVEY, ABSTRACT NO. 687, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 201 EAST HIGHLAND ST., SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "SF- 20A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN NEIGHBORHOOD #7. PUBLIC HEARING APPROVED REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 13 of 21 Senior Director of Planning and Development Services Ken Baker presented items 6G and 6H and was available to answer questions from Council. Applicant representative Kosse Maykus was present and responded to Council member Morris' question regarding drainage for the development. 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 -659, zoning change and concept plan for Lots 3 -6 on the W.W. Hall No. 687 Addition noting the following: approving the variance to the tree preservation ordinance; accepting the Planning and Zoning Commission's recommendation for variance from the ordinance for each tree that will be removed to plant one (1) at a minimum with a 4 -inch caliper; accepting the understanding of the drainage situation that these Tots will tie into the existing drainage receptacle at the southwest corner of Lot 17 (adjacent to Chelsea Park). 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 LEGALLY DESCRIBED AS TRACT 1, W.W. HALL SURVEY, ABSTRACT NO. 687, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 201 E. HIGHLAND STREET, SOUTHLAKE, TEXAS, BEING APPROXIMATELY 2.991 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -20A" SINGLE FAMILY RESIDENTIAL 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, MARCH 4, 2014 Page 14 of 21 6H. ZA13 -143, PLAT SHOWING FOR LOTS 3 -6, W.W. HALL NO. 687 ADDITION ON PROPERTY DESCRIBED AS TRACT 1, W.W. HALL SURVEY, ABSTRACT NO. 687, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 201 EAST HIGHLAND ST., SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN NEIGHBORHOOD #7. APPROVED This item was presented in conjunction with item 6G. A motion was made to approve ZA13 -143, plat showing for Lots 3 -6, in the W.W. Hall No. 687 Addition pursuant to the plat review summary No. 2, dated January 31, 2014. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 61. ORDINANCE NO. 1085, 2 READING, ADOPTING THE 2012 INTERNATIONAL BUILDING CODE. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1085, adopting the 2012 International Building Code. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE 2012 EDITION OF THE INTERNATIONAL BUILDING CODE, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 15 of 21 MAINTENANCE OF ALL BUILDINGS OR STRUCTURES, EXCEPT ONE- AND TWO - FAMILY DWELLINGS AND MULTIPLE SINGLE - FAMILY DWELLINGS (TOWNHOUSES), AND INCLUDING THE NATIONAL ELECTRICAL CODE AS REFERENCED HEREIN, IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6J. ORDINANCE NO. 1086, 2ND READING, 2012 ADOPTING THE INTERNATIONAL RESIDENTIAL CODE. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1086, adopting the 2012 International Residential Code. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE 2012 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO- FAMILY DWELLINGS, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL ONE- AND TWO- FAMILY DWELLINGS AND MULTIPLE SINGLE - FAMILY DWELLINGS (TOWNHOUSES) IN THE CITY OF SOUTHLAKE AND PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 16 of 21 PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6K. ORDINANCE NO. 1087, 2ND READING, ADOPTING THE 2012 INTERNATIONAL FIRE CODE. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1087, adopting the 2012 International Fire Code. Motion: Bledsoe Second: Williamson Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING CHAPTER 15, ARTICLE III, "FIRE CODE" OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS BY ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE; REPEALING ORDINANCE NUMBER 931A AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE AND EXPLOSION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 6L. ORDINANCE NO. 1088, 2ND READING, ADOPTING 2012 INTERNATIONAL PLUMBING CODE. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 17 of 21 A motion was made to approve Ordinance No. 1088, adopting the 2012 International Plumbing Code. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE INTERNATIONAL PLUMBING CODE, 2012 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6M. ORDINANCE NO. 1089, 2ND READING, ADOPTING THE 2012 INTERNATIONAL FUEL GAS CODE. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1089, adopting the 2012 International Fuel Gas Code. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE INTERNATIONAL FUEL GAS CODE, 2012 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 18 of 21 PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6N. ORDINANCE NO. 1090, 2ND READING, ADOPTING THE 2012 INTERNATIONAL MECHANICAL CODE. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1090, adopting the 2012 International Mechanical Code. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE INTERNATIONAL MECHANICAL CODE, 2012 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 60. ORDINANCE NO. 1091, 2ND READING, ADOPTING 2012 INTERNATIONAL ENERGY CONSERVATION CODE. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 19 of 21 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. 1091, adopting the 2012 International Energy Conservation Code. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE 2012 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, REGULATING THE DESIGN OF BUILDING ENVELOPES FOR ADEQUATE THERMAL RESISTANCE AND LOW AIR LEAKAGE AND THE DESIGN AND SELECTION OF MECHANICAL, ELECTRICAL, SERVICE WATER - HEATING AND ILLUMINATION SYSTEMS AND EQUIPMENT IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA) 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA) 9. OTHER ITEMS FOR CONSIDERATION: (THERE ARE NO ITEMS ON THIS AGENDA) 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 12:07 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 20 of 21 E_ ,/ John C. Terrell Mayor ATTEST: ..�`` ft,.. VA _ = _ •i �• /\ I W Alicia Richardson, TRMC I. . t City Secretary r �i'',,,��I* *• *",',I1 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014 Page 21 of 21