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2008-10-21 f CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 21, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Pro Tern John Terrell, Deputy Mayor Pro Tern Gregory Jones and Councilmembers Laura K. Hill (arrived at 6:14 p.m.), Pamela Muller, and Virginia M. Muzyka. CITY COUNCIL ABSENT: Mayor Andy Wambsganss and Councilmember Vernon Stansell. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Information Systems Technician Sam Cobb, Information Systems Technician Vicky Roche, Interim Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Construction Manager Peter Kao, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Planner II Richard Schell, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, City Attorney E. Allen Taylor and City Secretary Lori Payne. BOARD MEMBER RECEPTION: A reception to honor the board member volunteers began at 5:00 p.m. Mayor Pro Tern Terrell thanked the board and commission members for their service. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Pro Tern Terrell at 5:58 p.m. Agenda Item No. 2. Invocation. Chaplain Eric Hulet gave the invocation. Mayor Pro Tern Terrell led the pledge of allegiance. Agenda Item No 3 Discuss all items on tonight's meeting agenda. City Council reviewed the consent agenda items with city staff. Mayor Pro Tern Terrell closed the work session at 6:09 p.m. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2008 Page 1 of 13 REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Pro Tern Terrell at 6:09 p.m. Agenda Item No. 2A. Executive Session. Mayor Pro Tern Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.072, deliberation regarding real property and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:09 p.m. Executive Session began at 6:35 p.m. and ended at 7:24 p.m. Agenda Item No. 2B. Reconvene. Mayor Pro Tern Terrell reconvened the regular meeting at 7:31 p.m. and asked if any action was necessary from Executive Session. No action was necessary, but the City Attorney did wish to make a statement following the executive session. City Attorney Taylor stated that Agenda Item 6A, Site Plan for the Whites Chapel Cemetery, is an item of some concern to the staff at this point. There is a problem related to property descriptions and staff has initiated a new survey in order to prepare the property descriptions that need to go in the ordinance that will implement the variance. He suggested tabling Item 6A to the next regular meeting which will allow time to complete the survey work and have a boundary description that can be relied upon. Agenda Item No 3A1 Upcoming meetings and events. Mayor Pro Tern Terrell announced upcoming meetings and events. Agenda Item No 3A2 Proclamation in recognition of the Tring School Music Department Day. Mayor Pro Tern Terrell presented the proclamation to Carroll High School Band Head Director Ron Behrends and Director Jay Bach. Joining them for the presentation was senior drum majors, Shane Ritchey, Ryan Dickey and Travis Howell. The proclamation was presented in honor of the Carroll High School Band's joint program with the Tring School Music Department. Agenda Item No 3131 Joint Utilization Committee shared services report. City Manager Yelverton introduced Assistant City Manager Thatcher who updated Council on this item. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Pro Tern Terrell read the items into the record. Agenda Item No 4A Approve the minutes from the October 7, regular City Council meeting. The minutes were approved as presented. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2008 Page 2 of 13 Agenda Item No. 4B. Cancel or reschedule the November 4, 2008, regular City Council meeting. A presentation was not made on this item. Council decided to cancel the November 4, 2008 City Council meeting. Agenda Item No. 4C. Approve a professional services agreement with Nathan D. Maier Consulting Engineers, Inc. in the amount of $264,859 for the design of North White Chapel Boulevard from Highland Street to State Highway 114. A presentation was not made on this item. Agenda Item No. 4D. Ordinance No. 947, 1St Reading, Vacate and abandon a 15' waterline easement and a 20' temporary construction easement located on Samuel Freeman Abstract No. 525 and recorded in Volume 15934, Page 278, D.R.T.C.T. A presentation was not made on this item. Agenda Item No. 4E. Excuse a City Council member for absences from meetings. A presentation was not made on this item. Agenda Item No. 4F. Authorize the acquisition of Federal Aviation Administration (FAA) tract adjacent to DPS North Site on Dove Road for park land. A presentation was not made on this item. Agenda Item No. 4G. Resolution No. 08-055, Deny the requested increases in electric transmission and distribution rates by Oncor Electric Company. 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 FINDING THAT ONCOR ELECTRIC COMPANY'S REQUESTED INCREASES TO ITS ELECTRIC TRANSMISSION AND DISTRIBUTION RATES AND CHARGES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. Agenda Item No. 4H. Approve the purchase of new and replacement vehicles from Philpott Motors in the amount of $370,852. A presentation was not made on this item. Agenda Item No. 41. Approve the purchase of new and replacement vehicles from Dallas Dodge in the amount of $360,080. A presentation was not made on this item. Agenda Item No. 4J. Approve the purchase of new and replacement vehicles from Caldwell County Chevrolet in the amount of $31,625. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2008 Page 3 of 13 Agenda Item No. 4K. Resolution No. 08-054, Creation of a community event participation program. 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: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING A COMMUNITY EVENT PARTICIPATION POLICY. Agenda Item No. 4L. Ordinance No. 480-491a, 1St Reading (ZA08-093), Zoning Change and Site Plan for Morrison Office Park on property being described as Tract 1A, Samuel Freeman Survey, Abstract No. 525 and being located at 2720 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P__-2 Generalized Site Plan District. SPIN Neighborhood #6. A presentation was not made on this item. Agenda Item No. 4M. Ordinance No. 480-564, 2nd 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 described as Tracts 1 2 3A 3A1 3A3 3A4 3A4A 3A5 313 3131, and 3132, 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 as 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. The applicant requested to table this item to the November 18, 2008 City Council meeting. Agenda Item No. 4N. Resolution No. 08-045, Amendments to the City's Mobility and Master Thoroughfare Plan, an element of the Southlake 2025 Plan, the city's Comprehensive Master Plan, to include the future alignment of Kirkwood Boulevard, north of State Highway 114, and North Carroll Avenue. This item was tabled to the November 18, 2008 City Council meeting. Agenda Item No. 6A. ZA08-097, Site Plan for Whites Chapel Cemetery on propert y being approximately 2.3 acres located at the southeast corner of East Southlake Boulevard and South White Chapel Boulevard and being located at 121 East Southlake Boulevard and 121 South White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #9W. This item was tabled to the November 18, 2008 City Council meeting and the public hearing continued. Motion was made to approve consent agenda items 4A; 4B to cancel the November 4, 2008 City Council meeting; 4C; 4D; 4E; 4F; 4G; 41-1; 41; 4J; 4K; 4L; to table item 4M to the November 18, 2008 City Council meeting at the applicant's request; to table item 4N to the November 18, 2008 City Council meeting; and to table and to continue the public hearing for item 6A to the November 18, 2008 City Council meeting. Motion: Muzyka Second: Jones REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2008 Page 4 of 13 Ayes: Hill, Jones, Muller, Muzyka, Terrell Nays: None Approved: 5-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during public forum. Agenda Item No 6B Ordinance No. 480-569 2nd Reading (ZA08-052), Zoning Change and Concept Plan for Miracle Pointe II (revised to Kimball Circle Estates) on property being Tracts 6G 6H and 6K John A. Freeman Survey, Abstract No. 529 and being located at 703, 722 and 750 South Kimball Avenue. Current Zoning: AG Agricultural and 11 Light Industrial Proposed Zoning: SF-20A Single Family Residential. SPIN Neighborhood #8. Planner Schell presented this item in conjunction with item 6C. Applicant Jim Dewey with JDJR Engineers, 2500 Texas Drive, Irving, Texas 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 LEGALLY DESCRIBED AS TRACTS 6G, 6H AND 6K, JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529, BEING APPROXIMATELY 4.554 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND 1-1" LIGHT INDUSTRIAL DISTRICT TO "SF-20K SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. In addition to the discussion today and given that this item was extensively discussed on first reading and subject to the applicant's agreement to be subject to the requirements of the Erosion and Sediment Control Ordinance No. 946 and to take the necessary training that is involved there, a motion was made to approve Ordinance No. 480-569,2 "d Reading (ZA08-052), Zoning Change and Concept Plan for Miracle Pointe II, subject to Concept Plan Review Summary No. 3, dated September 29, 2008. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2008 Page 5 of 13 Motion: Jones Second: Muller Ayes: Hill, Jones, Muller, Muzyka, Terrell Nays: None Approved: 5-0 Agenda Item No. 6C. ZA08-053, Preliminary Plat for Miracle Pointe II (revised to Kimball Circle Estates) on property being Tracts 6G, 6H and 6K, John A. Freedman Survey, Abstract No. 529 and being located at 703, 722 and 750 South Kimball Avenue. Current Zoning: AG Agricultural and 11 Light Industrial. SPIN Neighborhood #8. Planner Schell presented this item in conjunction with item 6B. Applicant Jim Dewey with JDJR Engineers, 2500 Texas Drive, Irving, Texas answered Council's questions. Motion was made to approve ZA08-053, Preliminary Plat for Miracle Pointe II, subject to Plat Review Summary No. 3, dated October 14, 2008. Motion: Jones Second: Muller Ayes: Hill, Jones, Muller, Muzyka, Terrell Nays: None Approved: 5-0 Agenda Item No. 6D. ZA08-081, Site Plan for The Worthington on property being described as Lot 1, Block 24, Southlake Town Square Brownstones Phase A and being located at 161 Summit Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Director Baker presented this item to Council. Applicants Todd Handwerk, President of Calais Custom Homes, and Sandy Spurgin from Southlake Town Square answered Council's questions. No one spoke during the public hearing. Motion was made to approve ZA08-081, Site Plan for The Worthington subject to the applicant's agreement that the air conditioning units will be blocked by the parapets of the building and that the door facing onto Summit Drive will be a residential-quality door similar to the quality of the doors along that same road and subject to Site Plan Review Summary No. 3, dated October 14, 2008. Motion: Jones Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Terrell Nays: None Approved: 5-0 Agenda Item No. 6E. Resolution No. 08-053 (ZA08-092), Specific Use Permit for Myan Plaza (carport) on property being described as Lot 3R, Block 3, Cornerstone Business Park Addition and being located at 520 Silicon Drive. Current Zoning: 01 Office District. SPIN Neighborhood #7. Planner Schell presented this item to Council. Applicant Ralph REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2008 Page 6 of 13 Williams, 1177 Adams Lane, Southlake, Texas answered Council's questions. Council discussed this item. After discussion, Mr. Williams asked to table this item. No one spoke during the public hearing. Motion was made to table Resolution No. 08-053 (ZA08-092), Specific Use Permit for Myan Plaza (carport) to the November 18, 2008 City Council meeting. Motion: Muzyka Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Terrell Nays: None Tabled: 5-0 Action to table Item 7A to the November 18, 2008 City Council meeting was taken later in the evening. Agenda Item No. 7B. Ordinance No. 480-571 1St Readinq (ZA08-083), Zoning Change for 200 South Peytonville Avenue beinq Tract 3C2, W. R. Eaves Survey, Abstract No. 500. Current Zoninq: S-P-2 Generalized Site Plan District. Proposed Zoning: 0-1 Office District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. Director Baker presented this item to Council in conjunction with items 7C, 7D, 7E, 7F, 7G, and 7H. Council discussed these agenda items. Motion was made to approve Ordinance No. 480-571, 1St Reading (ZA08-083), Zoning Change for 200 South Peytonville Avenue approving the 0-1 District zoning specifically noting there will be a requirement for a concept plan for this site; noting it will be required to follow the requirements of the entry points as set out in agenda item 7D; noting there will be cross access requirements on this property to the properties on either side of it; in addition this property, in conjunction with the following properties staff will, at the next reading, present Council with what will be the cross access to the west on one of these properties and so this property will be subject to that as well as the others until Council knows which property it is; and subject to Concept Plan Review Summary No. 1, dated October 15, 2008. Motion: Jones Second: Muller Ayes: Hill, Jones, Muller, Muzyka, Terrell Nays: None Approved: 5-0 Agenda Item No. 7C. Ordinance No. 480-572, 1St Reading (ZA08-084), Zoning Change for 210 South Peytonville Avenue on property being Tract 3C2A, W. R. Eaves Survey, Abstract No. 500. Current Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: 0-1 Office District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. Director Baker presented this item to Council in REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2008 Page 7 of 13 conjunction with items 7B, 7D, 7E, 7F, 7G, and 7H. Council discussed these agenda items. Motion was made to approve Ordinance No. 480-572, 1St Reading (ZA08-084), Zoning Change for 210 South Peytonville Avenue adopting all of the previous comments on agenda item 7B and applying them in full to this application as well and subject to Concept Plan Review Summary No. 1, dated October 15, 2008. Motion: Jones Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Terrell Nays: None Approved: 5-0 Agenda Item No. 7D. Ordinance No. 480-573, 1St Reading (ZA08-085), Zoning Change for 240 South Peytonville Avenue on property being Lot 3, Akard Addition. Current Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: S-P-1 Detailed Site Plan District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. Director Baker presented this item to Council in conjunction with items 7B, 7C, 7E, 7F, 7G, and 7H. Council discussed these agenda items. Motion was made to approve Ordinance No. 480-573, 1St Reading (ZA08-085), Zoning Change for 240 South Peytonville Avenue this being an S-P-1 plan and specifically requiring between now and the next reading that the applicant will come forward with a specific site plan showing the site locations of the buildings, preferably also showing an access point to the west on this particular site and also demonstrating to the Council how this site can be set up in such a way so that the parking is moved behind the buildings as we have tried to do in other locations and subject to the terminology and the requirements that were placed on agenda item 7B and also subject to Concept Plan Review Summary No. 1, dated October 15, 2008. Motion: Jones Second: Muller Ayes: Jones, Muller, Muzyka, Terrell Nays: Hill Approved: 4-1 Agenda Item No. 7E. Ordinance No. 480-574, 1St Reading (ZA08-086), Zoning Change for 260 South Peytonville Avenue on property being Lot 2, Akard Addition. Current Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: 0-1 Office District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. Director Baker presented this item to Council in conjunction with items 7B, 7C, 7D, 7F, 7G, and 7H. Council discussed these agenda items. Motion was made to approve Ordinance No. 480-574, 1St Reading (ZA08-086), Zoning Change for 260 South Peytonville Avenue specifically approving the 0-1 Office District REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2008 Page 8 of 13 zoning subject to the same terminology and language set out for agenda item 7B and subject to Concept Plan Review Summary No. 1, dated October 15, 2008. Motion: Jones Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Terrell Nays: None Approved: 5-0 Agenda Item No. 7F. Ordinance No. 480-575, 1St Reading (ZA08-087), Zoning Change for 280 South Peytonville Avenue on property being Lot 1, Akard Addition. Current Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: 0-1 Office District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. Director Baker presented this item to Council in conjunction with items 7B, 7C, 7D, 7E, 7G, and 7H. Council discussed these agenda items. Motion was made to approve Ordinance No. 480-575, 1St Reading (ZA08-087), Zoning Change for 280 South Peytonville Avenue specifically approving the 0-1 Office District zoning subject to the same terminology and language set out for agenda item 7B and subject to Concept Plan Review Summary No. 1, dated October 15, 2008. Motion: Jones Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Terrell Nays: None Approved: 5-0 Agenda Item No. 7G. Ordinance No. 480-543, 1St Reading (ZA07-126), Zoning Change and Concept Plan for 200 South Peytonville Avenue on property being legally described as Tract 3C02, W.R. Eaves Survey, Abstract No. 500. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: 0-1 Office District. SPIN Neighborhood #16. Director Baker presented this item to Council in conjunction with items 7B, 7C, 7D, 7E, 7F, and 7H. Council discussed these agenda items. City Attorney Taylor stated that Council's approval of agenda item 7B as presented on the agenda renders agenda item 7G moot. Council has conducted a zoning on the same lot that is now pending. So, unless the applicant has an objection, we would presume this item is withdrawn by action of the Council on item 7B. Agenda Item No. 7H. Ordinance No. 480-567, 1St Reading (ZA08-007), Zoning Change and Site Plan for Legacy Business Park on property being as Lot 3, Akard Addition and being located at 240 South Peytonville Avenue. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #16. Director Baker presented this item to Council in conjunction with items 7B, 7C, 7D, 7E, 7F, and 7G. Council discussed these agenda items. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2008 Page 9 of 13 City Attorney Taylor stated that Council's approval of agenda item 7D as presented on the agenda renders agenda item 7H moot. Council has conducted a zoning on the same lot that is now pending. So, unless the applicant has an objection, we would presume this item is withdrawn by action of the Council on item 7D. Agenda Item No. 7A. Ordinance No. 480-570 1St Reading (ZA08-059), Zoning Change and Site Plan for The Plaza at Southlake Boulevard on property being described as a portion of Tract 4G O.W. Knight Survey, Abstract No. 899 and being located at 400 South Carroll Avenue (per Tarrant County Appraisal District records) and also being at 1001 East Southlake Boulevard (as assigned by the City of Southlake). Current Zoning: AG Agricultural District Proposed Zoning: S-P-2 Generalized Site Plan District with C2 Uses Light Retail Commercial District. SPIN Neighborhood #9E. Motion was made to table this item to the November 18, 2008 City Council meeting at the applicant's request. Motion: Muzyka Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Terrell Nays: None Tabled: 5-0 Mayor Pro Tern Terrell called for a break at 8:59 p.m. and reconvened the meeting at 9:12 p.m. Agenda Item No. 71. Ordinance No. 480-576, 1St Reading (ZA08-078), Zoning Change and Concept Plan for Bicentennial Park on property being described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 1B, 1C1, 1C2, 1C3, J E, 2A, 2A1, 2A2, 2B, 2B1 3C 3C1, 3C1A, 3D, 3D1A and 3D6 in the L.B.G. Hall Survey Abstract No. 686 and being located at 400 North White Chapel Boulevard, 300 and 450 West Southlake Boulevard and 275-315 Shady Oaks Drive. Current Zoning: CS Community Service District and AG Agricultural District. Requested Zoning: CS Community Service District. SPIN Neighborhood #13. Director Baker and Construction Manager Kao presented this item to Council. Council asked initial questions and discussed this item. Mayor Pro Tern Terrell allowed the public to speak on this item. Claudia Pillow, 575 Love Henry Court, Southlake, Texas spoke in opposition. Angela Annis, 490 Love Henry Court, Southlake, Texas spoke in opposition. Kim Campbell, 495 Love Henry Court, Southlake, Texas spoke in opposition. Francis Nathan, 535 Love Henry Court, Southlake, Texas spoke in opposition. Kai Fischer, 602 Bordeaux, Southlake, Texas spoke in support. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2008 Page 10 of 13 Russell Floyd, 1609 Regal Oaks Drive, Southlake, Texas spoke in support. Mayor Pro Tern Terrell read the names of those who did not wish to speak but wanted to record their opposition: John Campbell, 495 Love Henry Court, Southlake, Texas. Mayor Pro Tern Terrell read the names of those who did not wish to speak but wanted to record their support: Craig Barnes, 804 Worthing Court, Southlake, Texas; William Faris, 1801 Rustling Brook Court, Southlake, Texas; Oscar C. Gomez, 1711 Byron Nelson Parkway, Southlake, Texas; J.B. Manning, 915 Edgemeer Lane, Southlake, Texas; Mike McClanahan, 306 Quail Court, Southlake, Texas; Philip Scott Moses, 805 Shorecrest Drive, Southlake, Texas; Steve Post, 803 Parkcrest Court, Southlake, Texas; Scott Smith, 202 Bob-O-Link, Southlake, Texas; and, Spencer Sunstrum, 614 Melrose Court, Southlake, Texas. Maureen Cramer addressed comments made by earlier speakers. David Young, 509 Polomac Place, Southlake, Texas with the Southlake Baseball Association spoke in support. Alex Tessno, 1409 Monarch Way, Southlake, Texas discussed the request. Russell Floyd, 1609 Regal Oaks Drive, Southlake, Texas discussed the request. Kim Campbell, 495 Love Henry Court, Southlake, Texas discussed the request. Frances Nathan, 535 Love Henry Court, Southlake, Texas discussed the request. Mayor Pro Tern Terrell closed the public comment portion of the discussion. Council discussed the plans and asked questions of staff and of the public. Motion was made to approve Ordinance No. 480-576, 1St Reading (ZA08-078), Zoning Change and Concept Plan for Bicentennial Park subject to the presentation by staff tonight; granting the requested variances; asking staff to research items that have been listed by Council: confirming use of evergreen trees where possible along the north boundary of the park; investigating some sort of noise barrier at the batting cages; asking staff to look at wall options (8' or 10' wall options ) and make contact with the adjacent landowner to get his input on the wall options; utilizing lighting option #2; asking staff to further look at the operating hours and work in conjunction with the SBA and other associations and see what operating hours will be set for the park; asking REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2008 Page 11 of 13 staff to look at security for the ball fields in terms of perhaps securing the batting cages with the assistance of the SBA; asking staff to look into five-foot backboards on the outfield fences; asking staff to look at the impact of removal of 12 parking spaces as suggested; and subject to Revised Site Plan Review Summary No. 1, dated October 15, 2008. Motion: Jones Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Terrell Nays: None Approved: 5-0 John Campbell, 495 Love Henry Court, Southlake, Texas addressed the issue of noise bouncing off the proposed wall. Agenda Item No 8A. Resolution No. 08-058 Emphasizing the importance of the FM 1938 project and supporting the Texas Department of Transportation. Director Price presented this item to Council. Motion was made to approve Resolution No. 08-058, Emphasizing the importance of the FM 1938 project and supporting the Texas Department of Transportation. Motion: Muzyka Second: Jones Ayes: Hill, Jones, Muller, Muzyka, Terrell Nays: None Approved: 5-0 Agenda Item No. 9A. Consider SP08-234, Variance to Sign Ordinance No. 704-C for Gateway Church located along the north side of State Highway 114 between North Carroll Avenue and North Kimball Avenue. Director Baker presented this item to Council. Applicant Doug Slater, Executive Director of Development, made a presentation and answered Council's questions. Council asked questions of the applicant and discussed this request. Motion was made to approve SP08-234, Variance to Sign Ordinance No. 704-C for Gateway Church with one sign on State Highway 114 being 8 feet by 14 feet with a total square footage not to exceed 112 square feet and requiring it to be removed by July 31, 2010 or upon completion of the entry features and the associated signage whichever is earlier; understanding there will be some shrubbery placed at the base of the sign as described by and agreed to by the applicant; understanding that the applicant has offered to work to prevent additional, extraneous signage that may appear by way of contractors and will marshal trucks and trailers to the back side of the property and keep them away from State Highway 114; and stating that the sign on North Kimball Avenue will comply with the ordinance. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Muzyka, Terrell REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2008 Page 12 of 13 Nays: Muller Approved: 4-1 Agenda Item No 11. Meeting adjourned. Mayor Pro Tern Terrell adjourned the meeting at 12:03 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor Pro Tern ATTEST: % //D '~i Lori Payne, TRM City Secretary ~•GYY O••• REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2008 Page 13 of 13 r• CN o tr 5 "`• ct CD CO ' ( 'c.,... , • "•••4 „ 4 , (1) 1 a) a) • r--1 C L— a. co , cit p = ° ;-.0 E c z,-.) 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