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2008-08-19 U CITY OF SOUTHLAKE OFFICIAL RECORD TEXAS REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 19, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern John Terrell and Councilmembers Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon Stansell. CITY COUNCIL ABSENT: Deputy Mayor Pro Tern Gregory Jones. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Orlowski, Community Relations Officer Pilar Schank, Information Systems Supervisor Pam Jordan, Interim Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Construction Manager Peter Kao, Economic Development Specialist Ashley Stathatos, Director of Finance Sharen Jackson, Assistant Director of Finance Sharon Guess, Assistant Director of Finance Sean Leonard, Purchasing Manager Tim Slifka, Director of Human Resources Kevin Hugman, Interim Chief of Police Services Robert Finn, Interim Fire Chief Mike Starr, Director of Planning and Development Services Ken Baker, Planner II Richard Schell, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Operations Manager Chuck Kendrick, City Attorney Tim Sralla, and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 4:11 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Linda Pallone, gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4. FY2009 Budget. City Manager Yelverton presented this item to Council. Director Hugman presented the workforce investments portion of the proposed budget. Council discussed this item and asked questions of staff. Agenda Item 3. APEX update. Terri Messing and Robin Snyder presented this item to Council and answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 19, 2008 Page 1 of 14 Agenda Item No. 5. Discuss all items on tonight's meeting agenda. City Council reviewed the agenda items with city staff. Item 7C was added to the consent agenda. Mayor Wambsganss closed the work session at 5:50 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:50 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with attorney; 551.072, deliberation regarding real property; Section 551.074: deliberation regarding personnel matters and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:50 p.m. Executive Session began at 6:28 p.m. Executive Session ended at 7:17 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:28 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 3B. City Manager's Report. A report was not given. Agenda Item No. 3C. Library Board Report. A written report was provided to Council. Agenda Item No. 3D. Financial Report. A written report was provided to Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the items into the record. Agenda Item No. 4A. Approve the minutes from the August 5, 2008, regular City Council meeting. A presentation was not made on this item. The minutes were approved as presented. Agenda Item No. 4B. Resolution No. 08-041, Call a special local option election for November 4, 2008 to legalize the sale of beer and wine for off-premise consumption only. A presentation was not made on this item. 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 CALLING FOR A SPECIAL LOCAL OPTION ELECTION PURSUANT TO THE TEXAS ELECTION CODE TO BE HELD ON NOVEMBER 4, 2008; DESIGNATING A POLLING PLACE; ESTABLISHING REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 19, 2008 Page 2 of 14 PROCEDURES FOR EARLY VOTING; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE- CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4C. Approve final payment to McNally and Associates in the amount of $17,826. A presentation was not made on this item. Agenda Item No. 4D. Authorize purchase of fuel management system from E. J. Ward in the amount of $83,925. A presentation was not made on this item. Agenda Item No. 4E. Resolution No. 08-044, Approve an amendment to TxDOT municipal maintenance agreement (Resolution No. 08-011) for the furnishing, installing, operation and maintenance of red-light cameras at four locations along Southlake Boulevard for the purpose of monitoring compliance with traffic-control signals. Assistant City Manager/Director Blagg presented this item to Council during work session and answered questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION APPROVING AN AMENDMENT TO THE MUNICIPAL MAINTENANCE AGREEMENT (City of Southlake Resolution No, 08-011) BETWEEN THE STATE OF TEXAS AND THE CITY OF SOUTHLAKE FOR THE FURNISHING, INSTALLING, OPERATION AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS-OF-WAY TO MONITOR COMPLIANCE WITH TRAFFIC- CONTROL SIGNALS; AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. Agenda Item No. 4F. Ordinance No. 941, 1St Reading, Adopt an ordinance to dedicate a public utility easement for public purposes on city owned property at Bicentennial Park for the construction of a right turn deceleration lane along West Southlake Boulevard. A presentation was not made on this item. Agenda Item No. 4G. ZA08-060, Preliminary Plat for Lots 2R1, 2R2, 3R1, 4R1, and 4R2, Block 1, Stonebridge Park, located at 150, 155, 170, and 175 Stonebridge Lane. Current Zoning: S-P-1 Detailed Site Plan District and S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. A presentation was not made on this item. Agenda Item No. 4H. ZA08-058, Plat Revision for Lots 2R1, 2R2, 3R1, 4R1, and 4R2, Block 1, Stonebridge Park; being a revision of Lots 2 - 5, Block 1, Stonebridge Park Addition, located at 150, 155, 170, and 175 Stonebridge Lane. Current Zoning: S-P-1 Detailed Site Plan District and S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. A presentation was not made on this item. Agenda Item No. 41. Authorize the Mayor to sign all Agreements related to the acquisition of the Town Square Parking Garages. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 19, 2008 Page 3 of 14 Agenda Item No. 4J. Approve the 2007 Comprehensive Annual Financial Report. A presentation was not made on this item. Agenda Item No. 4K. Place proposal to adopt a tax increase and hold a public hearing on the tax rate on the agenda of the September 2 and 16, 2008, regular City Council meetings. A presentation was not made on this item. Agenda Item No. 7C. Ordinance No. 480-566, 1St Reading (ZA08-056), Zoning Change and Concept Plan for Lots 9 - 12, J.H. Childress No. 254 Addition on property located at 3010 Lake Drive. Current Zoning: AG Agricultural District. Requested Zoning: SF-20B Single Family Residential District. SPIN Neighborhood #3. Director Baker presented this item to Council during the work session. Motion was made to approve consent agenda items 4A; 413; 4C; 4D; 4E; 4F; 4G; 41-1; 41 to authorize the Mayor to execute the License Agreement, Escrow Agreement, Agreement regarding SLTS Grand Avenue Parking Garages and Garage Agreement and any other authorizations necessary to purchase the Grand Avenue Parking Garages in accordance with the Development Agreement; 4J; 4K; and 7C subject to Concept Plan Review Summary No. 2, dated August 1, 2008 and also including the preliminary grading plan as part of the approval. Motion: Muzyka Second: Terrell Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during the public forum. Agenda Item No. 6A. Adoption of the FY2009 Crime Control and Prevention District Operating Budget and Capital Improvement Program. Assistant City Manager/Director Blagg presented this item to Council. No one spoke during the public hearing. Motion was made to adopt the FY2009 Crime Control and Prevention District Operating Budget and Capital Improvement Program. Motion: Terrell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 19, 2008 Page 4 of 14 Agenda Item No. 6B. Ordinance No. 480-562, 2nd Reading (ZA07-148), Zoning Change and Site Plan for Onsom Medical Offices on property legally described as Tracts 4C1A and 4C2B Les Ex A.H. Chivers Survey, Abstract No. 299; and located at 630 East State Highway 114. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #5. Director Baker presented this item to Council. Applicant Skip Blake of Blake Architects answered Council's questions. 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 4C1A AND 4C1B, LES EX, A.H. CHIVERS SURVEY, ABSTRACT NO. 299 BEING APPROXIMATELY 1.494 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, 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. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-562, 2nd Reading (ZA07-148), Zoning Change and Site Plan for Onsom Medical Offices granting the requested variance; subject to City Council's approval on First Reading and Site Plan Review Summary No. 6, dated July 30, 2008. Motion: Terrell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6C. Resolution No. 08-042, (ZA08-036), Specific Use Permit for a telecommunications antenna - Verizon Wireless on property located at 2180 and 2190 East Dove Road. Current Zoning: C-1 Neighborhood Commercial District and S-P-2 Generalized Site Plan District. SPIN Neighborhood # 5. Planner II Schell presented this item to Council. Applicant Lisa Campbell, 1620 Handley Drive, Fort Worth, Texas, REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 19, 2008 Page 5 of 14 answered Council's questions. 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 TELECOMMUNICATIONS TOWERS, ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 1, BLOCK 1, YATES CORNER ADDITION AND A PORTION OF TRACT 1E1, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 08-042, (ZA08-036), Specific Use Permit for a telecommunications antenna - Verizon Wireless subject to the recommendations of the Planning and Zoning Commission; noting the applicant's agreement to have the landscape administrator on-site during installation; noting the applicant's agreement to keep the base of the pad at-grade with the existing surface or potentially will have a pre- fabricated foundation brought to the site; and subject to Review Summary No. 5, dated August 13, 2008. Motion: Terrell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6D. Resolution No. 08-043, (ZA08-055), Specific Use Permit for a tent sale - American Backyard on property located at 200 North Kimball Avenue. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. Planner II Schell presented this item to Council. Applicants Jake Lee, 200 North Kimball Avenue, Southlake, Texas and Lee Rickia with American Backyard answered Council's questions. 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 A TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT THE SOUTHLAKE CORNERS DEVELOPMENT, BEING LEGALLY DESCRIBED AS LOT 2A, BLOCK 1, FARRAR ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 19, 2008 Page 6 of 14 Motion was made to approve Resolution No. 08-043, (ZA08-055), Specific Use Permit for a tent sale for American Backyard as presented and recognizing the applicant's willingness to not place any furniture outside the tent or outside the store. Motion: Stansell Second: Terrell Ayes: Muzyka, Terrell, Stansell, Wambsganss Nays: Hill, Muller Approved: 4-2 Agenda Item No. 6E. ZA08-061, Revised Site Plan for Watermere at Southlake Clubhouse on property being Lot 4, Block 1, Watermere Addition located at 301 Watermere Drive. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. Planner II Schell presented this item to Council. Applicant Scott Simmons, 3110 Southlake Boulevard, Southlake, Texas made a presentation and answered Council's questions. Council discussed this request. After discussing this item, the item was tabled to the September 2, 2008 meeting. Motion was made to table ZA08-061, Revised Site Plan for Watermere at Southlake Clubhouse, to the September 2, 2008 City Council meeting. Motion: Terrell Second: Muller Ayes: Hill, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Tabled: 6-0 Mayor Wambsganss called for a break at 8:35 p.m. and reconvened the meeting at 8:55 p.m. Agenda Item No. 7A. Ordinance No. 480-564, 1St Reading (ZA08-031), Zoning Change and Development Plan for Carillon Southlake on property located at the northeast corner of State Highway 114 and North White Chapel Boulevard and being described as Tracts 1 2 3A 3A1 3A3 3A4 3A4A 3A5 3B 3B1 and 3B2 Larkin H. Chivers Survey, Abstract No. 300 and Tracts 3 and 4A1, Absolom H. Chivers Survey, Abstract No. 299. Said property also being currently addressed 1500 and 1900 North Carroll Avenue, 1801 North White Chapel Boulevard and 100, 202, 250, 300, 320, and 350 East State Highway 114. Current Zoning: NR-PUD Non-Residential Planned Unit Development District and C-2 Local Retail Commercial District. Requested Zoning: ECZ Employment Center Zoning District. SPIN Neighborhood #5. Director Baker and Deputy Director Mayer presented this item to Council and answered their questions. Applicant Jeff Kennemer of Hines, 5215 North O'Connor, Las Colinas, Texas presented this item to Council and answered initial questions. Emily Drake and Paul McCracken with Jacobs Carter & Burgess, 7950 Elmbrook, Dallas, Texas were also present to answer Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 19, 2008 Page 7 of 14 Mayor Wambsganss allowed the public to speak although this item was not a posted public hearing. The following people spoke in opposition: Kathleen Simpson, 104 Brentwood Circle, Southlake, Texas; Marvin Williams, 1525 North Carroll Avenue, Southlake, Texas; Karen Whitaker, 505 San Juan Drive, Southlake, Texas; and, D. Todd Parrish, 1313 Bay Meadows Drive, Southlake, Texas. Mayor Wambsganss read comment cards from those residents who were opposed but did not wish to speak: Cheryl Gielow, 1417 Whispering Dell Court, Southlake, Texas; George and LouAnn Heath, 1100 Primrose, Southlake, Texas; Brett Hendrickson, 1300 Golden Gate Drive, Southlake, Texas; Janice Hocking, 1515 North Carroll Avenue, Southlake, Texas; Fran Hutchins, 1412 Whispering Dell Court, Southlake, Texas; Barry Johnson, 1408 Whispering Dell Court, Southlake, Texas; Glenn Jost, 116 Brentwood Drive, Southlake, Texas; Debbie Lacroix, 1205 Whispering Lane, Southlake, Texas; R. Lawler, 1201 Whispering Lane, Southlake, Texas, Glenn D. and Laura Means, 1421 Bay Meadows Drive, Southlake, Texas; James and Karen N. Mertz, 1402 Whispering Dell, Southlake, Texas; Nancy Moffat, 1414 Whispering Dell Court, Southlake, Texas; Scott Nguyen, 1100 Bay Meadows Drive, Southlake, Texas; Jeff Pannell, 1418 Whispering Dell Court, Southlake, Texas; Bethann Scratchard, 1410 Whispering Dell Court, Southlake, Texas; Loren and Marina Sloane, 1417 Bay Meadows Drive, Southlake, Texas; Whitney Tong, 1213 Ashmoore Court, Southlake, Texas; Beckie and John Underwood, 1407 Whispering Dell Court, Southlake, Texas; Jason Whitmire, 2012 Woodbine Circle, Southlake, Texas; and, Alex and Karen Zaal, 1203 Ashmoore Court, Southlake, Texas. The following people spoke in support: Randall McCauley, 2805 Carrick Court, Southlake, Texas; Giovanna Phillips representing the Southlake Chamber of Commerce, 1501 Corporate Circle #100, Southlake, Texas; Greg Standerfer, 1130 North Carroll #100, Southlake, Texas; and, Brian Zvonecek, 513 Fox Glenn, Southlake, Texas. Janice Francis, 1211 Ashmoore Court, Southlake, Texas spoke in opposition. Loren Sloane, 1417 Bay Meadows Drive, Southlake, Texas spoke in opposition. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 19, 2008 Page 8 of 14 Applicant Mr. Kennemer answered Council's questions and addressed issues raised by the residents. Mr. MacKracken answered Council's questions regarding drainage plans and drainage concerns. Director Price addressed questions regarding the City's Drainage Master Plan. Council discussed the development including the following items: drainage, density, housing types, fagade types of retail areas, impact of the development on school district, and the proposed arts facility. Mr. Kennemer asked to table this item to allow time to further review. Motion was made to table Ordinance No. 480-564, 1St Reading (ZA08-031), Zoning Change and Development Plan for Carillon Southlake to the September 16, 2008 City Council meeting. Motion: Terrell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Tabled: 6-0 Mayor Wambsganss called for a break at 11:49 p.m. and reconvened the meeting at 12:04 a.m. Agenda Item No. 7B. Ordinance No. 480-565, 1St Reading (ZA08-050), Zoninq Change and Site Plan for CySolutions Office Complex located at 165 South Kimball Avenue. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. Planner II Schell presented this item to Council. Applicant Curtis Young with the Sage Group made a presentation and answered Council's questions. Council discussed this request. After discussion, Mr. Young asked to table this item to the September 2, 2008 City Council meeting. Motion was made to table Ordinance No. 480-565, 1St Reading (ZA08-050), Zoning Change and Site Plan for CySolutions Office Complex to the September 2, 2008 City Council meeting. Motion: Terrell Second: Muller Ayes: Hill, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Tabled: 6-0 Agenda Item No. 9A. Approve professional services agreement contract with Jacobs Engineering Group for engineering and design of urban design elements for an amount not to exceed $150,000. Construction Manager Kao presented this item to Council during the work session. Council discussed this item. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 19, 2008 Page 9 of 14 Motion was made to approve a professional services agreement contract with Jacobs Engineering Group for engineering and design of urban design elements for an amount not to exceed $150,000. Motion: Terrell Second: Hill Ayes: Hill, Muzyka, Terrell, Stansell, Wambsganss Nays: Muller Approved: 5-1 Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.074: deliberation regarding personnel matters. City Council adjourned for Executive Session at 12:51 a.m. The Executive Session began at 12:55 a.m. The Executive Session ended at 1:25 a.m. Councilmember Stansell left the meeting at 1:27 a.m. Mayor Wambsganss reconvened the meeting at 1:27 a.m. Agenda Item No. 8A. Resolution No. 08-030, Appoint members to the Building Board of Appeals. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE BUILDING BOARD OF APPEALS; PROVIDING FOR THE TERMS; PROVIDING FOR QUALIFICATIONS OF MEMBERS IN ACCORDANCE WITH ORDINANCE NO. 622; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 08-030, Appoint members to the Building Board of Appeals: appointing David Lynn Carpenter (Place 2, term ending May 2010); Pat Trampe (Place 3, term ending May 2009); Kenneth Horne (Place 4, term ending May 2010); William M. Quinn (Place 6, Alternate 1, term ending May 2010); and Scott Rippa (Place 7, Alternate 2, term ending May 2009). Motion: Terrell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 8B. Resolution No. 08-031, Appoint members to the Crime Control and Prevention District. 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 PERSONS TO SERVE AS THE BOARD OF DIRECTORS FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 19, 2008 Page 10 of 14 Motion was made to approve Resolution No. 08-031, Appoint members to the Crime Control and Prevention District: appointing Robert Mundlin, William McGuire, and Craig Sturtevant with terms ending May 2010. Motion: Terrell Second: Hill Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 8C. Resolution No. 08-032, Appoint members to the Joint Utilization Committee. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE JOINT UTILIZATION COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 08-032, Appoint members to the Joint Utilization Committee: appointing Frances Scharli (City Council at-large appointee) and John Terrell (City Council representative) with terms ending May 2010. Motion: Muzkya Second: Hill Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 8D. Resolution No. 08-033, Appoint members to the Library Board. 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, PROVIDING FOR THE APPOINTMENT OF MEMBERS TO SERVE ON THE LIBRARY BOARD AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 08-033, Appoint members to the Library Board: appointing Lori Burr, Wanda J. Schafer, and Brenda Flores with terms ending May 2010. Motion: Terrell Second: Hill Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 8E. Resolution No. 08-034, Appoint members to the Parks and Recreation Board. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 19, 2008 Page 11 of 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE PARKS AND RECREATION BOARD AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 08-034, Appoint members to the Parks and Recreation Board: appointing Ken Goodman (Place 4), Danny Mayer (Place 5), Margaret Adams (Place 6), and William Packer (Place 7) with terms ending May 2010. Motion: Terrell Second: Hill Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 8F. Resolution No. 08-035, Appoint members to the Planning and Zoning Commission. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION, AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 08-035, Appoint members to the Planning and Zoning Commission: appointing Brandon Bledsoe, Al Morin, Jeff Wang, and Joe Lancor with terms ending May 2010. Motion: Terrell Second: Hill Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 8G. Resolution No. 08-036, Appoint members to the Senior Advisory Committee. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE SENIOR ADVISORY COMMISSION AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 08-036, Appoint members to the Senior Advisory Committee: appointing Jean Boland, Charles Boyd, Bill Kyle, and Nancy Sporn with terms ending May 2010. Motion: Muzyka Second: Hill Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 19, 2008 Page 12 of 14 Approved: 5-0 Agenda Item No. 8H. Resolution No. 08-037, Appoint members to the Southlake Arts Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO A SOUTHLAKE ARTS COUNCIL; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 08-037, Appoint members to the Southlake Arts Council: appointing Leslie Bartlett (Place 1, term ending May 2009), Daphne Peggy Firestone (Place 2, term ending May 2010), Terri Messing (Place 4, term ending May 2010), Carolyn Morris (Place 5, term ending May 2009), and Jeffery L. Walter (Place 6, term ending May 2010). Motion: Terrell Second: Hill Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 81. Resolution No. 08-038, Appoint members to the Southlake Parks Development Corporation. 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, APPOINTING MEMBERS TO THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 08-038, Appoint members to the Southlake Parks Development Corporation: appointing Gregory Jones (City Council representative, term ending May 2010), Pamela Muller (City Council representative, term ending May 2010), John Slocum (Park Board representative, term ending May 2010), and Carolyn Morris (citizen representative, May 2009). Motion: Terrell Second: Hill Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 8J. Resolution No. 08-039, Appoint members to the Zoning Board of Adjustment. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 19, 2008 Page 13 of 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT; NAMING A CHAIRMAN AND A VICE-CHAIRMAN; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 08-039, Appoint members to the Zoning Board of Adjustment: appointing Lewis Miltenberger (Place 1, term ending May 2010), Michael Waldman (Place 2, term ending May 2009), Frank Cornish (Place 3, term ending May 2009), Kate Smith (Place 4, term ending May 2010), D. Todd Parrish (Place 7, Alternate 2, term ending May 2010), Karen Whitaker (Place 8, Alternate 3, term ending May 2009), and Tom Joyner (Place 9, Alternate 4, term ending May 2010), and appointing Lewis Miltenberger as Chairman and Michael Waldman as Vice-Chairman. Motion: Terrell Second: Hill Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 1:36 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor ATTEST: m;r4,`eBie,e6,, i Lori Payne, TRMC `n • City Secretary - REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 19, 2008 Page 14 of 14 12,e ve , quo 6eaJer 0,161-0g. Briefing Team: Kathleen V. Simpson Marvin Williams Karen Whitaker D. Todd Parrish Hines /Carillon Proposal ZA08 -31 Neighborhoods consulted: N. Carroll N. White Chapel Brentwood Primrose Lane Estes Park Triple C Whispering Dell Hines /Carillon Proposal Surrounding Neighborhood Impact Unified concern Dr. Kathleen V. Simpson 104 Brentwood Circle Southlake, TX 76092 (Brentwood) 19 month resident Former Deputy Director for Readiness, P &A Office of the Secretary of Defense Former Air Force Wife Volunteer 8/19/2008 Incoming Southlake HOA President 2 1 Rating the Suburbs - - "2. Southlake" "Locals believe the restrictions placed on home builders (few lots are less than half an acre, no apartments or condos) will keep their investment safe." A Magaz%v►,ejul,u 2002 8/19/2008 3 Best Places to Live 2008— 2 5 Top Earning Towns "12. Southlake, TX" • Population: 25,748 • Median family income: $166,878 • Median home price: $542,640 Source: http: / /money.cnn.com/ 8/19/2008 4 2 Is South lake changing focus? • Surrounding neighbors and those outside 200 foot buffer oppose current plan • Zoning change goes beyond Carillon project: - Approval as designed sets precedent for shift to high density developments vice current Southlake vision 8/19/2008 5 Neighbors are concerned • Majority of acreage homeowners surrounding the Carillon /Hines project are opposed to current proposal • Surrounding Property Owners within 200 foot boundary: - 102 total= 239.21 acres; acreage within buffer =75.86 - 26.14% of acreage formally opposed to force super majority vote • Many Southlake residents outside buffer oppose due to high residential density 8/19/2008 6 3 The site will be developed City Council: - Ensure citizen's voices are heard - Ensure developers' profit maximization goal does not outweigh homeowners' goals - Ensure property is developed in sync with current Southlake • Low density housing • Attractive, stable, confirmed retail and conunercial • Green buffers 8/19/2008 7 Hines responsible to balance their goals with homeowners' goals • Density of residential portion • Infrastructure - Drainage - Traffic • Green Buffers • Lack of firm commitments from patrons to sponsor Fine Arts center, uncertainty about details of commercial /retail sector • School impact • Construction impact 8/19/2008 8 4 Density 5urrOltIAA 4 4g vle�ghborhoods A red maw I drgesl Primrose Lane 37 .70 .97 Brentwood .70 .84 1.12 N. White Chapel East 1.18 1.58 1.85 N. Carroll 1.14 1.66 2.58 Whispering Lane 1.07 138 1.90 Clariden Ranch .90 1.06 2.03 Cliffs@Clariden .46 .61 1.52 Kirkwood Hollow .35 .54 1.49 Estes Park 33 .48 2.10 Triple C Ranch 1.00 1.02 1.27 Avenges: .75 .99 1.68 Sources: http'. /Raxof e.tarraotcourrty. corn /accountsearch. asp 8/19/2008 http: /Mxw soutMakechamber 9 Density • Violates Southlake's low density vector • Extreme crowding • 154 residential acres /455 units =.34 acres per unit average - 2.95 units per acre average • Should be: • No "attached" housing • Appropriate balance between "zero lot" line residences and "Estate" lots • All acreages IAW existing Southlake status quo 8/19/2008 10 5 Infrastructure - Drainage • Severe problem • Need drainage impact study • Need drainage issues resolved PRIOR to development 8/19 /2008 11 Infrastructure- Traffic • N. Carroll & N. White Chapel already saturated - Should use SH114 service road for primary access - Limit access /egress from N. Carroll or N. White Chapel • Two lane roads on either side to support traffic for 285 acreage population; sharp contrast to the 4 & 6 lane roads which support Town Square's 131 acres • Road infrastructure improvements must be made PRIOR to development • Impacts of widening N. Carroll & N. White Chapel — land already developed; where does space come from? • Brentwood Circle used as "turnaround" • Traffic impact study appears understated; model assumptions unclear 8/19/2008 12 6 Design concerns • Landscaping - visitor's first impression of Southlake is the attractive landscaping with green buffers - Need green buffers on all sides; no existing neighbors should face new stone walls or large building exteriors - Need to save mature trees - "Park" area as designed is for Carillon neighborhood use, not Southlake community use; defeats intent of "donating" acreage to the Southlake, yet adds to Southlake maintenance costs • Fine Arts Center sounds nice: - No firm commitment from fine arts patrons to build /support a fine arts center - Southlake taxpayers should not be forced to pay for site without secure backing • Construction Extended period proposed = multi-year disturbance - Firm construction plan needed to alleviate noise, traffic, trash, etc. - Consider special ordinance governing construction hours; standard code allowing construction 7:00 a.m. to 9 p.m. Monday through Saturday is too unfettered and places undue, extended burdens on surrounding homeowners 8/19/2008 13 Key uncertainties • School impact - 400+ new Dragons • Stress on water supply; worse in drought • Carillon complementary or competition with Town Square? • Preservation of cemetery • Lack of communication /coordination between developers and homeowners: - Concerns voiced but not addressed - P &Z commission "noted" citizen concerns • "Build it, they will come" perception —need solid research • Current economic environment - -is this the right plan, right time to proceed? 8/19/2008 14 7 How to reach balance between developer & homeowners? • Limit residential building to 92 -205 units - Largest: 154 acres x 1.68 average = 92 units - Average: 154 acres x .99 = 156 units - Smallest: 154 acres x .75 = 205 units • Develop road & drainage infrastructure prior to build out - Drain impact study by Hines - Traffic impact study by Hines • Include green buffers on east, north, west perimeters 8/19/2008 15 How to reach balance between developer & homeowners? • Expand SH114 access to be primary access point • Site hotel in center of retail, away from existing residences • Maintain ownership of floodplain; don't pass to Southlake taxpayers -at -large to maintain • Obtain firm sponsor commitment on Fine Arts Center • Mandate developer /homeowner /City interface process throughout development to ensure concerns can be addressed by appropriate Southlake authority 8/19/2008 16 8 Summary • Decision on ZA08 -031 decides the future "essence" of South lake—it is not simply a Carillon decision • Majority of surrounding homeowners oppose current plan - Personal stake for homeowners - Business investment for Hines; walks away once done. - Surrounding homeowners will have to live with result, good or bad. • Many serious concerns remain • Still too many loose ends and unknowns for a rational decision • "Trust, but verify" 8/19/2008 17 Community's History with Site Mr. Marvin Williams 1525 N. Carroll Ave Southlake, TX 76092 (Whispering Dell) 15 year resident, Dragon parent, Harold Williams #78'03, Princeton '07 Senior Executive, Waste Water & Transit Development, worldwide 8/19/2008 18 9 History • Four developers - Exxon Mobil Land Corporation - Aventerra II - Newland Communities - Hines • Original City Council Decision - Commercial Zoning - Density - N. Carroll Avenue setbacks • Never a community consensus - SPIN meetings - P &Z meetings 8/19/2008 19 Texas History .vi \bNalom I1. ( Iii cr. ( emctcn ..." 8/19/2008 I.vas 110 , ncel (,•1 ∎∎1 . � I 20 10 Infrastructure - Drainage • Review Hines current drainage plan • Drainage Impact Study needed 8/19/2008 21 , `, a, .i Y r ,� jO; i , a! zi' r ''It;',,,-,F,-.— 11 t r m ., c :�� - ... sp � '"` -, . *-• «.._ • . . L : te+ • F. �, rvr , r a �• - — — ::- ri ' t '* !7' . . } .$ i 12 ,' Y y+ +may(" . • a. - _ • A i t#✓ T 1 or oh. a . r ! OP" 4 7i fi� k 1408 Whispering Del CT. Jufy4 2002 • S, may n}'• � '$ i'� � T* ,:.. taro Whispering DWI Ct July 13 x R ] -. a fi b. s, K §- ' di g.- - -. is ,. , , .0...1.01.; , - - c.v.. ,,,,- ' - . { t I 4 x . O y u r ,fir `� - hair� Jay ' Ddi CL 20012 2 ;, a, f li } fig' .. yF n 3, w ` 1 ro > t 1 410 whispiring DM CT. JOty4, 20112 14 ' i J S;T . . -,.., i , i ,.. . AI riL +*1F p1 3 t: ' ' t : '7 . a ., R $ s 1g� e': 141111iftelpeitalDell CL .My4. 2IO1 . ate•: tr ;'.'. lye GVUO 47 Transportation-current conditions • Commuting traffic • Local School traffic • Construction traffic 8/19/2008 30 15 N. White Chapel Southbound i : n bra < r* j K�y.6' ,&'», x e ";--- - ,,,,,...., ',;:;:.'":1,0!-.-.`f, . '-'''''."': ;:te:;:;`;1;-‘24.1L.;!fiej(34 '''''''''.:' ''' 4 y p 1, y R�. S .y i �� W 4 5 `Nµ. TA" j u%. r * .; �xa ' a g �#'s.� 4 g am, N. White Chapel Northbound i it . c ..,,e,*x ASK„ - ,. - '. w i � 16 N. Carroll Northbound M u m ;. r l,;: .4. a , " ". ; 8/19/2008 33 N. Carroll Southbound ii • s J lam w r. A. ', i! , ,, Yt3 ... � M 8/19/2008 34 17 Southlake Citizens United ZA08 -031 affects homeowners across Southlake Mrs. Karen Whitaker 505 San Juan Drive Southlake TX 76092 (Mission Hill Estates) 7 Year resident Dragon parent; 19;22 PTO Board Member, School Volunteer, 8/19/2008 IIOA President, Community Volunteer 35 Southlake Homeowner (Not bordering Carillon) • Why we moved to Southlake • Concerns with proposal 8/19/2008 36 18 2025 Plan- Southlake Development Goals • Encourage neighborhood design that complements existing development patterns while creating unique places. creation of well - designed, appropriately - scaled residential neighborhoods. • Ensure that new growth is in accordance and in harmony with the Land Use Plan and population build -out numbers. • Maintain a balanced approach to growth and development in order to preserve the city assets (schools, public safety, and competitive edge in the region) and its fiscal health. • Provide for the incorporation of high quality single - family residential uses as a part of a planned development at appropriate transitional locations. • Encourage development that complements existing residential development 8/19/2008 37 Summation Mr. D. Todd Parrish 1313 Bay Meadows Southlake, TX 76092 (Triple C Ranch) 3 year resident Dragon Parent, '18, '22, &'25 Vice President, HOA Attorney 19 "From the inside you can't really explain it," and from the outside looking in, you'll never understand." Todd Dodge - D Magazine September 2007. One Word .. . • 160 units are on 1/10th acre or less • 226 units are on 1 /5th acre or less • 379 units on .27 acres or • Density • Only 76 units are on lots over 1/3 acre and those, are just barely 1/3 acre lots; and • all 455 units are on lots under .40 acres 20 Who Will Listen? • Not Hines • Not P &Z • Not Chamber of Commerce • Will you, our elected officials? 21