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2008-02-05 Regular CC Meeting CITY OF SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING: FEBRUARY 5, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: Linda Pallone, Chaplain of the Month 3. 12ACTion Awards Recognition FY07Q4, FY08Q1 4. Discuss Ordinance No. 480-SSS, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to development regulations on properties within the City of Southlake which are not currently regulated by the City's Corridor Overlay Zone or Residential Adjacency Standards. 5. Review consultant's recommendations for Council Chambers sound systems and video systems. 6. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or immediately following the work session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding regulations for oil and gas drilling. 2. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 5, 2008 Page 2 of 8 3. REPORTS: A. Mayor's Report B. City Manager's Report CONSENT AGENDA: All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: A. Approve minutes from the January 15, 2008, regular City Council meeting and the January 24, 2008, strategy session with City Council. B. Approve a revised water purchase contract between the cities of Southlake, Fort Worth and Keller. C. Approve an amendment to the inter-local agreement between Tarrant County, Denton County, City of Keller, Town of Westlake and City of Southlake to include funding for additional engineering and subsurface utility engineering services for the F.M. 1938 roadway project. D. Approve amendment no. 1 to the professional services agreement with Graham and Associates, Inc. for engineering for the construction documents and right-of-way documents for F.M. 1938, Precinct Line Road from State Highway 114 to West Southlake Boulevard. E. Authorize amendment no. 3 to the professional services agreement with Lee Engineering, Inc. to provide engineering services for design of three roundabout intersections: Continental Boulevard at White Chapel Boulevard, Dove Road at White Chapel Boulevard, and Dove Road at Carroll Avenue. F. Award of bid for the Bob Jones Park parking lot overlay to Peachtree Construction, Ltd., in an amount not to exceed $160,295. G. Authorize the purchase of vehicles from Philpott Motors, through the Houston-Galveston Area Council of Governments in the amount of $187,756.36. H. Resolution No. 08-008, Establish an Audit Committee for the purpose of overseeing the annual financial audit process and appointing members. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 5, 2008 Page 3 of 8 1. Ordinance No. 926, 1St Reading, Approve a settlement agreement between the Atmos cities steering committee and Atmos Energy Corporation, Mid-Tex Division. (If approved at first reading, the public hearing will be held February 19, 2008.) J. Variance to the Subdivision Ordinance No. 483, as amended, regarding plat expiration, requesting to extend the validity of Case ZA06-138, Final Plat for Lot 1, Block 22, Southlake Town Square (Summit Park). K. Ordinance No. 927, 1St Reading, Street name change for East Haven Addition, changing East Perry Circle and West Perry Circle to Haven Circle. (If approved at first reading, the public hearing will be held February 19, 2008.) L. Ordinance No. 480-551, 1St Reading (ZA07-170), Zoning Change and Concept Plan for Davis residence on property being legally described as Lot A, Block 1, Old Orchard Country Estates, located at 1900 Shady Oaks Dr. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #11. (If approved at first reading, the public hearing will be held on February 19, 2008.) M. Consider SP07-181A, Variance to Sign Ordinance No. 704-C for Edwin Watts Golf, located at 2801 East State Highway 114. N. Ordinance No. 480-545, 1St Reading (ZA07-145) Zoning Change and Site Plan for Panera Bread and Bakery Cafe on property being legally described as Lot 2, Block 1, Gumm Scifres, located at 111 South Village Center Drive. Current Zoning: 0-1 Office District. Requested Zoning: S-P- 1 Detailed Site Plan District. SPIN Neighborhood #8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 19, 2008, CITY COUNCIL MEETING. 0. Ordinance No. 480-536, 2nd Reading (ZA07-139), Zoning Change and Site Plan for Lots 1 R1, 1 R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park Addition on property legally described as Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and located at 500 Silicon Drive and 510 Silicon Drive. Current Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 19, 2008, CITY COUNCIL MEETING. P. ZA07-111, Plat Revision for Lots 1 R1, 1 R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park being a replat of property currently described as Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and being City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 5, 2008 Page 4 of 8 located at 500 Silicon Drive and 510 Silicon Drive. Current Zoning: 0-1 Office District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 19, 2008, CITY COUNCIL MEETING. Q. ZA07-112, Site Plan for Lot 25R2, Block 1, Woodland Heights Addition on property located at 175 Westwood Drive. Current Zoning: 0-1 Office District. SPIN Neighborhood #8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE MARCH 4, 2008, CITY COUNCIL MEETING. R. Ordinance No. 480-542, 1St Reading (ZA07-129), Zoning Change and Site Plan for Southlake Villa Offices on property legally described as Tract 3, W.W. Hall Survey, Abstract No. 687, located at 310 East Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S- P-1 Detailed Site Plan District. SPIN Neighborhood #10. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 19, 2008, CITY COUNCIL MEETING. S. Ordinance No. 480-544, 2nd Reading (ZA07-087) Zoning Change and Site Plan for Mendez Medical Offices on property legally described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located at 918 East Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #10. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 19, 2008, CITY COUNCIL MEETING. T. ZA07-088, Preliminary Plat for Mendez L.T.D. on property legally described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located at 918 East Southlake Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: S-P-1 Detailed Site Plan District and AG Agricultural District. SPIN Neighborhood #10. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 19, 2008, CITY COUNCIL MEETING. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7.00 p.m.) 6. Ordinances, second readings, public hearings, and related items: A. Resolution No. 08-004, Urban Design Plan, an element of the Southlake 2025 Plan, the City's Comprehensive Master Plan. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 5, 2008 Page 5 of 8 B. Ordinance No. 480-546, 2nd Reading (ZA07-067) Zoning Change and Site Plan for Lot 2R, Block 1, Gorbutt Addition on property being legally described as Lot 2A, Block 1, Gorbutt Addition and being located at 1575 East Southlake Boulevard. Current Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING C. Ordinance No. 480-547, 2nd Reading (ZA07-131), Zoning Change and Site Plan for Cantex Senior Communities on property legally described as Lots 4 and 5 and a portion of Lot 3, Block 1, Stonebridge Park Addition located at 150, 170, and 175 Stonebridge Lane. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15. PUBLIC HEARING D. Ordinance No. 480-548, 2nd Reading (ZA07-132), Zoning Change and Concept Plan for Stonebridge Park on property legally described as Lot 2 and a portion of Lot 3, Block 1, Stonebridge Park Addition, located at 155 and 175 Stonebridge Lane. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15. PUBLIC HEARING E. Resolution No. 08-007 (ZA07-173 and ZA07-174), Specific Use Permit for Tent Sale and Automobile Sales, for the purpose of holding an auction for the sale of collectibles and automobiles for a time period not to exceed 3 days, on property being legally described as Lot 2, Block B, and Lots 6 and 7, Block A, North Davis Business Park and being located at 1900, 1950, and 2055 Greenwood Drive. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #16. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-549, 1St Reading (ZA07-124), Zoning Change and Site Plan for Invitation Park on property being legally described as Tracts 3B and 3B1, and a portion of Tract 3D1, O.W. Knight Survey, Abstract No. 899, located at 821 and 835 East Southlake Boulevard. Current Zoning: C-3 General Commercial District and AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #9e. (If approved at first reading, the public hearing will be held on February 19, 2008.) B. Ordinance No. 480-550, 1St Reading (ZA07-133), Zoning Change and Development Plan for Lake Forest on property being legally described as Tract 5, R.D. Price Survey, Abstract No. 1207, located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural District. Requested Zoning: R- PUD Residential Planned Unit Development District. SPIN Neighborhood City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City'of Southlake City Council meeting agenda February 5, 2008 Page 6 of 8 #3. (If approved at first reading, the public hearing will be held on February 19, 2008. ) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Authorize a Residential Developer Agreement with Terra Shady Oaks, L.P. for Shady Oaks Phase IA, a 36-lot addition, located on the west side of Shady Oaks, between West Highland Street and West Southlake Boulevard. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, February 1, 2008, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. w . e • ~ p •m~ Lori Payne, TRMC v o ? - • City Secretary If you plan to attend t; iJ1,4 ico, ► eting and have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 5, 2008 Page 7 of 8 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004. 2. Teresa Dreyer v. City of Southlake. September 2006. 3. TBC Construction, Inc., and TBC First Realty, Inc. v. City of Southlake, Barson Utilities, Inc., aka Barson Utilities. December 2006. 4. Vernell Pippin et. al. v. City of Southlake. December 2007. 5. June G. Thrash v. City of Southlake, et al. January 2008. Section 551.072: Deliberation regarding real property The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 5, 2008 Page 8 of 8 Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism-related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork OFFICIAL RECORD CITY OF SOUTHLAK-E TEXAS REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 5, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris, Deputy Mayor Pro Tern Virginia M. Muzyka, and Councilmembers Laura K. Hill, Gregory Jones, Vernon Stansell (arrived at 6:10 p.m.) and John Terrell. CITY COUNCIL ABSENT: None. 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 Ortowski, Community Relations Officer Pilar Schank, Manager of Information Systems Gary Gregg, Intern Lauren Clark, Director of Community Services Steve Polasek, Deputy Director of Community Services Kerry McGeath, Park Maintenance Worker Adolfo Paz, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Vehicle Fleet Coordinator Tim Slifka, Accounting Assistant Kealoha Vaipulu, Director of Human Resources Kevin Hugman, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Accreditation Coordinator Roland DeGraauw, Director of Planning and Development Services Ken Baker, Chief Building Official Paul Ward, Planner Clayton Comstock, GIS Analyst Daniel Ford, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick, Construction Inspector Mike Moore, Office Assistant Stephanie Breitbarth, 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 5:07 p.m. Agenda Item No. 2. Invocation: Linda Pallone, Chaplain of the Month. Linda Pallone from Gateway Church gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 3. 12ACTion Awards Recognition FY07Q4, FY08Q1. Director Hugman recognized employees who received the 12ACTion award. City Manager Yelverton asked the employee award winners who were in attendance to stand and be recognized. The Mayor and the Council thanked them for representing the City well. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 1 of 12 Agenda Item No 4 Discuss Ordinance No. 480-SSS, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended as it pertains to development regulations on properties within the City of Southlake which are not currently regulated by the City's Corridor Overlay Zone or Residential Adjacency Standards. Director Baker presented this item and answered Council's questions. The Council discussed this item but did not take action. Agenda Item No 5 Review consultant's recommendations for Council Chambers sound systems and video systems. Manager Gregg presented this item and answered Council's questions. The Council discussed this item but did not take action. Agenda Item No 6 Discuss all items on tonight's meeting agenda. City Council reviewed the agenda items with city staff. Mayor Wambsganss closed the work session at 5:58 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:59 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; Section 551.072, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:59 p.m. Executive Session began at 6:26 p.m. and ended at 6:37 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:58 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. There was no report given. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 4A. Approve minutes from the January 15, 2008, regular City Council meeting and the January 24, 2008, strategy session with City Council. A presentation was not made on this item. Agenda Item No. 4B. Approve a revised water purchase contract between the cities of Southlake, Fort Worth and Keller. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 2 of 12 Agenda Item No. 4C. Approve an amendment to the inter-local agreement between Tarrant County, Denton County, City of Keller, Town of Westlake and City of Southlake to include funding for additional engineering and subsurface utility engineering services for the F.M. 1938 roadway project. A presentation was not made on this item. Agenda Item No. 4D. Approve amendment no. 1 to the professional services agreement with Graham and Associates, Inc. for engineering for the construction documents and right-of-way documents for F.M. 1938, Precinct Line Road from State Highway 114 to West Southlake Boulevard. A presentation was not made on this item. Agenda Item No. 4E. Authorize amendment no. 3 to the professional services agreement with Lee Engineering, Inc. to provide engineering services for design of three roundabout intersections: Continental Boulevard at White Chapel Boulevard, Dove Road at White Chapel Boulevard, and Dove Road at Carroll Avenue. A presentation was not made on this item. Agenda Item No. 4F. Award of bid for the Bob Jones Park parking lot overlay to Peachtree Construction, Ltd., in an amount not to exceed $160,295. A presentation was not made on this item. The Council approved this item subject to funding approval by the Southlake Parks Development Corporation. Agenda Item No. 4G. Authorize the purchase of vehicles from Philpott Motors, through the Houston-Galveston Area Council of Governments in the amount of $187,756.36. A presentation was not made on this item, but Vehicle Fleet Coordinator Slifka answered questions during the work session. Agenda Item No. 4H. Resolution No. 08-008, Establish an Audit Committee for the purpose of overseeing the annual financial audit process and appointing members. Mayor Wambsganss, Deputy Mayor Pro Tern Muzyka, and Councilmember Terrell were appointed to the 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 OF SOUTHLAKE, TEXAS, ESTABLISHING AN AUDIT COMMITTEE AND APPOINTING MEMBERS TO THE COMMITTEE AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 41. Ordinance No. 926, 1St Reading, Approve a settlement agreement between the Atmos cities steering committee and Atmos Energy Corporation, Mid-Tex Division. A presentation was not made on this item. Agenda Item No. 4J. Variance to the Subdivision Ordinance No. 483, as amended, regarding_ plat expiration, requesting to extend the validity of Case ZA06-138, Final Plat for Lot _1, Block 22, Southlake Town Square (Summit Park). A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 3of12 Agenda Item No. 4K. Ordinance No. 927, 1St Reading, Street name change for East Haven Addition changing East Perry Circle and West Perry Circle to Haven Circle. A presentation was not made on this item. Agenda Item No. 4L. Ordinance No. 480-551 1St Reading (ZA07-170), Zoning Change and Concept Plan for Davis residence on property being legally described as Lot A, Block 1 Old Orchard Country Estates, located at 1900 Shady Oaks Drive. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #11. A presentation was not made on this item. Agenda Item No. 4M. Consider SP07-181A, Variance to Sign Ordinance No. 704-C for Edwin Watts Golf, located at 2801 East State Highway 114. A presentation was not made on this item. Agenda Item No. 4N. Ordinance No. 480-545, 1St Reading(ZA07-145) Zoning Change and Site Plan for Panera Bread and Bakery Cafe on property being legally described as Lot 2 Block 1, Gumm Scifres, located at 111 South Village Center Drive. Current Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. The applicant requested to table this item to the February 19, 2008, City Council meeting. Agenda Item No. 40. Ordinance No. 480-536, 2nd Reading (ZA07-139), Zoning Change and Site Plan for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park Addition on property legally described as Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and located at 500 Silicon Drive and 510 Silicon Drive. Current Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood V. The applicant requested to table this item to the February 19, 2008, City Council meeting. Agenda Item No. 4P. ZA07-111, Plat Revision for Lots 1 R1, 1 R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park being a replat of property currently described as Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and being located at 500 Silicon Drive and 510 Silicon Drive. Current Zoning: 0-1 Office District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood V. The applicant requested to table this item to the February 19, 2008, City Council meeting. Agenda Item No. 4Q. ZA07-112, Site Plan for Lot 25R2, Block 1, Woodland Heights Addition on property located at 175 Westwood Drive. Current Zoning: 0-1 Office District. SPIN Neighborhood #8. The applicant requested to table this item to the March 4, 2008, City Council meeting. Agenda Item No. 4R. Ordinance No. 480-542, 1St Reading (ZA07-129), Zoning Change and Site Plan for Southlake Villa Offices on property legally described as Tract 3, W.W. Hall Survey. Abstract No. 687, located at 310 East Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 4 of 12 SPIN Neighborhood #10. The applicant requested to table this item to the February 19, 2008, City Council meeting. Agenda Item No. 4S. Ordinance No. 480-544, 2nd Reading (ZA07-087) Zoning Change and Site Plan for Mendez Medical Offices on property legally described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located at 918 East Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #10. The applicant requested to table this item to the February 19, 2008, City Council meeting. Agenda Item No. 4T. ZA07-088, Preliminary Plat for Mendez L.T.D. on property legally described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located at 918 East Southlake Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: S-P-1 Detailed Site Plan District and AG Agricultural District. SPIN Neighborhood #10. The applicant requested to table this item to the February 19, 2008, City Council meeting. Motion was made to approve consent agenda items 4A; 413; 4C; 4D; 4E; 4F subject to funding approval by the Southlake Parks Development Corporation; 4G; 4H to appoint Mayor Wambsganss, Deputy Mayor Pro Tern Muzyka and Councilmember Terrell to the Audit Committee; 41; 4J; 4K; 4L; 4M; to table item 4N at the applicant's request to the February 19, 2008, City Council meeting; to table item 40 at the applicant's request to the February 19, 2008, City Council meeting; to table item 4P at the applicant's request to the February 19, 2008, City Council meeting; to table item 4Q at the applicant's request to the March 4, 2008, City Council meeting; to table item 4R at the applicant's request to the February 19, 2008, City Council meeting; to table item 4S at the applicant's request to the February 19, 2008, City Council meeting; and to table item 4T at the applicant's request to the February 19, 2008, City Council meeting. Motion: Morris Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA Agenda Item No. 5. Public Forum. No one spoke during public forum. Agenda Item No. 6A. Resolution No. 08-004, Urban Design Plan, an element of the Southlake 2025 Plan, the City's Comprehensive Master Plan. Director Baker presented this item to Council. Council discussed 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 COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING THE URBAN DESIGN PLAN AS AN ELEMENT OF THE SOUTHLAKE 2025 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN AND TO INCLUDE A REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 5 of 12 PERIODIC REVIEW AND ADOPTION OF ANY AMENDMENTS AS PRESCRIBED IN THE CHARTER OF THE CITY OF SOUTHLAKE, TEXAS. No one spoke during the public hearing. Motion was made to approve Resolution No. 08-004, Urban Design Plan, an element of the Southlake 2025 Plan, the City's Comprehensive Master Plan, specifying that the lane widths from Village Drive to Carroll Avenue be reduced to 11 feet if possible. Motion: Morris Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6B. Ordinance No. 480-546. 2"d Reading (ZA07-067) Zoning Change and Site Plan for Lot 2R. Block 1, Gorbutt Addition on property being legally described as Lot 2A. Block 1. Gorbutt Addition and being located at 1575 East Southlake Boulevard. Current Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. Planner Comstock presented this item to Council. Applicant Terry Wilkinson from 3BMW Development, 640 West Southlake Boulevard, Southlake, Texas, answered Council's questions. Council discussed this request. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 2A, BLOCK 1, GORBUTT ADDITION, BEING APPROXIMATELY 1.463 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "O-1" OFFICE 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 public hearing. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 6 of 12 Motion was made to approve Ordinance No. 480-546, 2"d Reading (ZA07-067) Zoning Change and Site Plan for Lot 2R, Block 1, Gorbutt Addition, as presented subject to approval of the detention area similar to Central Market's area while leaving open the option, depending on feasibility, of going underground with pipe and with that would add additional berming and the appropriate number of additional trees; removing the requirement for the fence requirement along the east side of the property contingent upon the placement of additional screening to totally screen that side of the property; granting the driveway spacing variance; and subject to Site Plan Review Summary No. 7, dated January 30, 2008. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No 6C. Ordinance No. 480-547, 2nd Reading (ZA07-131), Zoning Change and Site Plan for Cantex Senior Communities on property legally described as Lots 4 and 5 and a portion of Lot 3 Block 1, Stonebridge Park Addition located at 150. 170, and 175 Stonebridge Lane. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15. Planner Comstock presented this item in conjunction with item 6D. Architect Gaylon Lang made a presentation and answered Council's questions. Council discussed this request. 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 LOTS 4 & 5, AND A PORTION OF LOTS 2 & 3, BLOCK 1, STONEBRIDGE PARK ADDITION, BEING APPROXIMATELY 5.68 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN 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. Mayor Wambsganss opened the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 7 of 12 Richard Simmons and Craig Spaulding from Watermere, 6110 West Southlake Boulevard, Southlake, Texas discussed their development. Mayor Wambsganss closed the public hearing. Motion was made to approve Ordinance No. 480-547, 2nd Reading (ZA07-131), Zoning Change and Site Plan for Cantex Senior Communities as presented; subject to Council's approval on first reading; granting the requested variances of driveway stacking, driveway spacing, and street right-of-way; and subject to Site Plan Review Summary No. 3, dated December 28, 2007. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6D. Ordinance No. 480-548, 2nd Reading (ZA07-132), Zoning Change and Concept Plan for Stonebridge Park on property legally described as Lot 2 and a portion of Lot 3, Block 1, Stonebridge Park Addition, located at 155 and 175 Stonebridge Lane. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15. Planner Comstock presented this item in conjunction with item 6C. Architect Gaylon Lang made a presentation and 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 LOT 2 AND A PORTION OF LOT 3, BLOCK 1, STONEBRIDGE PARK ADDITION, BEING APPROXIMATELY 2.70 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT TO "S-P-2" 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. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 8 of 12 No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-548, 2nd Reading (ZA07-132), Zoning Change and Concept Plan for Stonebridge Park as presented; subject to subject to Council's approval on first reading; granting the requested variances of driveway stacking, driveway spacing, and street right-of-way; and subject to Concept Plan Review Summary No. 3, dated December 28, 2007. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No 6E. Resolution No. 08-007 (ZA07-173 and ZA07-174), Specific Use Permit for tent sale and automobile sales for the purpose of holding an auction for the sale of collectibles and automobiles for a time period not to exceed three days on property being legally described as Lot 2 Block B and Lots 6 and 7, Block A. North Davis Business Park and being located at 1900, 1950, and 2055 Greenwood Drive. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #16. Planner Comstock presented this item to Council. Applicant Dan Spandeck from RM Auctions made a presentation and 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 AUTOMOBILE SALES AND TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 1900, 1950, 2055 GREENWOOD DRIVE, BEING LEGALLY DESCRIBED AS LOT 2, BLOCK B, AND LOTS 6 AND 7, BLOCK A, NORTH DAVIS BUSINESS PARK, 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. Mayor Wambsganss opened the public hearing. Bill Lafavers, 820 South White Chapel Boulevard, Southlake, Texas did not speak, but submitted a blue card expressing his support of this item. Mayor Wambsganss closed the public hearing. Motion was made to approve Resolution No. 08-007 (ZA07-173 and ZA07-174), Specific Use Permit for tent sale and automobile sales for the purpose of holding an auction for the sale of collectibles and automobiles for a time period not to exceed three days and subject to the recommendations of the Planning and Zoning Commission. Motion: Jones Second: Terrell REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 9 of 12 Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss called for a break at 8:36 p.m. and reconvened the regular meeting at 8:54 p.m. Agenda Item No. 7A. Ordinance No. 480-549. 1St Reading (ZA07-124), Zoning Change and Site Plan for Invitation Park on property being legally described as Tracts 3B and 3131, and a portion of Tract 3D1, O.W. Knight Survey, Abstract No. 899, located at 821 and 835 East Southlake Boulevard. Current Zoning: C-3 General Commercial District and AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #9e. Director Baker presented this item to Council. Applicant Dan Bryson, 806 Boston Drive, Southlake, Texas and Architect Stewart Hemple from Mayse and Associates made a presentation and answered Council's questions. Mayor Wambsganss allowed the public to speak on this item. Dale Clark, President of Warren Clark Development, 16250 Dallas North Parkway, Dallas, Texas, represented Zena Rucker and spoke regarding this proposal. Motion was made to approve Ordinance No. 480-549, 1St Reading (ZA07-124), Zoning Change and Site Plan for Invitation Park granting the requested variances and subject to the recommendations of the Planning and Zoning Commission; clarifying that top roof caps are not yellow but copper in color; subject to the applicant's representations and agreements this evening; subject to Site Plan Review Summary No. 3, dated January 11, 2008 and asking the city attorney, if necessary, to work with this applicant and the adjoining landowner to discuss any need to include wording in Council's motion on second reading. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss announced he was voluntarily recusing himself due to his family's proximity and involvement relating to the next item and has filed the correct documents with the City Secretary. Mayor Wambsganss called for a break at 9:41 p.m. Mayor Pro Tern Morris called the meeting back to order at 9:56 p.m. Agenda Item No. 7B. Ordinance No. 480-550, 1St Reading (ZA07-133), Zoning Change and Development Plan for Lake Forest on property being legally described as Tract 5. R.D. Price Survey, Abstract No. 1207, located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3. Planner Comstock presented this item to REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 10 of 12 Council. Developer Tom Matthews with Four Peaks Development, 2875 Exchange, Southlake, Texas made a presentation and answered Council's questions. Mayor Pro Tern Morris allowed the public to speak on this item. Robert Johnson, 1110 Harbor Retreat, Southlake, Texas, spoke in opposition. Gale Farhat, 1060 Harbor Haven, Southlake, Texas, spoke in opposition. Ward Flora, 880 Harbor Court, Southlake, Texas, spoke in opposition. Mary O'Connor, 2965 Burney Lane, Southlake, Texas, spoke in opposition. The following people registered their opposition but did not wish to speak: Tina Johnson, 1110 Harbor Retreat, Southlake, Texas; Hans Schroen, 2895 Burney Lane, Southlake, Texas; John Monrad, 2905 Burney Lane, Southlake, Texas; Jamie Galis, 885 Harbor Court, Southlake, Texas; Ray L. Chancellor, 890 Harbor Court, Southlake, Texas; Bernard and Barbara Fischbach, 2940 Burney Lane, Southlake, Texas; and, Gloria Land, 2900 Burney Lane, Southlake, Texas. The following people registered their support but did not wish to speak: Carl Q. Fretwell, II, 2725 South Grove Street, Fort Worth, Texas; Marylyn Miles, 445 East FM 1382, Cedar Hill, Texas; and, David Webster George, 2980 Burney Lane, Southlake, Texas. Mr. Matthews answered Council's questions and addressed the public's comments. Motion was made to approve Ordinance No. 480-550, 1St Reading (ZA07-133), Zoning Change and Development Plan for Lake Forest subject to the applicant's presentation and regulations as presented; subject to the recommendations of the Planning and Zoning Commission; subject to Development Plan Review Summary No. 4, dated January 30, 2008; stating that the applicant will review the vertical footprint of various structures including the homes and garages and will provide Council with an understanding of what types of restrictions would be placed on those vertical structures; stating that the sidewalk/trail depicted in the access easement will be moved to the north side of that easement and placed on the north side of the road so that the landscaped buffer between the road and the Fredericks' property will be increased in size to 15 feet up until the point where it is depicted in the presentation where it narrows as a result of the road exiting out onto the existing roadway; requiring the trail to be constructed of crushed granite with stone; accepting the applicant's commitment to plant cedars, if necessary, on the west side of the Fredericks' property subject to the approval of and as directed by and agreed to by the Fredericks and to plant cedars in the 15-foot landscaped area along the south side of the entrance road taking line-of- sight issues into account and depending upon the wishes of the Fredericks; stating that the applicant will consider the fence structures and will present to Council various REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 11 of 12 options for the fence structures; and stating that the applicant will review and consider the number of lots and/or configuration of the road and/or entrance into the property as to whether or not it could be moved to the north side of the lot giving the easement. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell Nays: None Approved: 6-0 Mayor Pro Tern Morris called for a break at 12:40 a.m. Mayor Wambsganss reconvened the meeting at 12:48 a.m. Agenda Item No. 9A. Authorize a Residential Developer Agreement with Terra Shady Oaks, L.P. for Shady Oaks Phase IA, a 36-lot addition, located on the west side of Shady Oaks, between West Highland Street and West Southlake Boulevard. Director Price presented this item to Council. Developer Paul Spain answered Council's questions. Motion was made to approve a Residential Developer Agreement with Terra Shady Oaks, L.P. for Shady Oaks Phase IA, a 36-lot addition, located on the west side of Shady Oaks, between West Highland Street and West Southlake Boulevard releasing the lots pursuant to the schedule outlined by staff. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 12:56 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor ATTEST: Lori Payne City Secretary REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 12 of 12 c- 5-08; 4:18PM; Imo6eA vd :y/2434914 1 , ~ 3 4 Cou ct l e-h DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS ELM FORK PROJECT OFFICE GRAPEVINE, LEWISVILLE, & RAY ROBERTS LAKES 1801 N. MILL STREET REFI.YTO LEWISVILLE, TEXAS 75057-1821 ATTENTION OF February 04, 2008 Elm Fork Project Office Mrs. Lori Payne City Secretary City of Southlake 1400 Maine Street Southlake, TX 76092 Dear Mrs. Payne: This letter is in reference to the recent January 24th, 2008 meeting between Mr. Tom Matthews, Principal with Four Peaks Development, Inc., and Mr. Paul Nealy, Realty Specialist, Corps of Engineers, at the Elm Fork Project Office. This meeting was in regards to Mr. Matthews's proposal for the development of the Trails at Harbor Oaks Subdivision, in the Lake Forest Addition, of Southlake, Texas, on flowage easement lands for Grapevine Lake. During the office visit Mr. Matthews provided documentation and mapping for conceptual review. These items included a copy of the Site Data Summary sheet which approximately identified both the Corps of Engineers boundary fee line and the approximate location of the 572.00 msl flowage easement contour line. This area, that the United States of America has acquired flowage easement beyond the present day boundary for Fee Tract C-233, is identified as flowage easement Tract C-276-E. As discussed at the January 24th, 2008 meeting between Mr. Matthews and Mr. Nealy, with the proper submittal of plans and documents there doesn't appear to be a problem with Mr. Matthews obtaining approval of his plans, to build and or place approved structures within the flowage easement of Grapevine Lake. This includes the placement of privately owned, individual residence, sewer systems, and roadways within the flowage easement, at and adjacent to the Lake Forest subdivision. This approval would be predicated on Mr. Matthews complying with all restrictions, requirements, and possibly prior approval from local and state agencies requirements. Any questions or comments may be directed to Mr. Paul Nealy at the Elm Fork Project Office, or by telephone at 469/645-9100. Sincerely, /~77,~- J~Vo Brian Phelps Acting Lake Manager Grapevine Lake Elm Fork Project 2- 5-08; 4:18PM; ;9724341419 # 4/ 4 Lake Forest Addition Location - City of Southlake::. t Grapevine Lake - Elm Fork Project l ' r _J! Harbor Haven Legend. ♦ GR Monuments GR Roads County Flowage Easement 572 GR Boundary (Fee) A 190 95 0 190 Feet Consent Location The U.S. Army Corps of Engineers has provided these spatial data as a representation of the various geographic information gathered from multiple sources. These data should be viewed only as a representation of the provided information and should not be used for tttr any other purpose. No guarantee is made by the U.S. Army Corps of Engineers regarding C the accuracy or completeness of the data or their suitability for a particular use. C GRAPVINE LAKE N W +E S 6 g' JOHN Created: 2/4/2008 fit SURV t' By: Paul Nealy 104- l CONFLICT OF IN EREST AFFIDAVIT THE STATE OF TEXAS § OUNTY OF TARRANT§ as a member of the d., Yro, e~i C-c 4-- of the City of Southlake, make this affidavit and hereby on oath state the following: I; my spe(rst, person or persons related to me within the first degree of consanguinity or affinity, have of So T1 ~E~ ff /DUiv.,(6 G1~ T7 AAA The agenda item affecting this business entity or real property is: ,AJ & Mme. COMPLETE (A) or (B): (A) The business entity is (name); or (B) The real property is located at:ilfz,f ~}/jsd j~i~,j0.✓ V'~ 10C I have Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500. Other: c/ Gtiu.L G~~~/S( Upon filing ?o ~tis a fi avit ith t e City Secretary, I affirm that will abstain from voting n any decision and from any further participation by discussion or debate regarding the above-referenced agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in question is being addressed or as soon as practicable once I realized a potential conflict exists. Signed this 4,1 _6V day of , 20 O& 4 Signature of Official ie State of Texas § County of Tarrant § Lo r,' Pa k e, Before me, .1 Al-I on this day personally appeared G( oL n1(0S eZ ki known tome (or proved to me on the oath of or through (de ription of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and, after first being by me duly sworn, stated that the statements made in this affidavit are within his personal knowledge and are true and correct. r Given under my hand and seal of office this 45 day of _ F;P6r V q r 2W5 . 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