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Item 4AREGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 7, 2008 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Mayor Pro Tem John Terrell, Deputy Mayor Pro Tem Gregory Jones (arrived at 6:08 p.m.) and Councilmembers Laura K. Hill, Pamela Muller, and Virginia M. Muzyka. CITY COUNCIL ABSENT :Councilmember Vernon Stansell. STAFF PRESENT :City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Information Systems Technician Sam Cobb, Interim Director of Community Services Chris Tribble, Community Services Coordinator Crystal Shafer, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Fire Chief Michael Starr, Police Chief Robert Finn, Lieutenant Ashleigh Douglas, Director of Planning and Development Services Ken Baker, Planner II Clayton Comstock, Chief Building Official Paul Ward, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Operations Manager Chuck Kendrick, Environmental Coordinator Christi Upton, 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 5:21 p.m. Agenda Item No. 2. Invocation. Chaplain Eric Hulet gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 3A3. Presentation by Sister Cities Youth Ambassador Representative. Mayor Wambsganss moved this item to the work session. Ashleigh Douglas made a presentation about the youth trip to Tome, Japan in July, 2008. Youth Ambassador Marcella Steele made a presentation as well. Agenda Item No. 3. Potential Interlocal Agreement with the City of Grapevine. City Manager Yelverton introduced this item to Council. Director Price, Director Jackson, Chief Finn, Director Last, and Attorney Sralla presented this item to Council. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2008 Page 1 of 12 Agenda Item No. 4. Discuss all items on tonight’s meeting agenda. City Council reviewed the agenda items with city staff. Mayor Wambsganss closed the work session at 6:17 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:17 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, deliberation regarding real property matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:17 p.m. Executive Session began at 7:04 p.m. and ended at 7:34 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:42 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. 3A1. Proclamation in recognition of the Southlake Green Dragons (11U) Baseball Team winning the Triple Crown Summer National Championship. Mayor Wambsganss presented the proclamation to Coach Terry Cole and the Green Dragons 11 and Under Baseball team for their win of the national championship. Coach Cole thanked the Mayor and Council for the recognition and thanked his players for the great year. Agenda Item No. 3A2. Recognition of donors – water tower logo project. This item was not discussed. Agenda Item No. 3B.City Manager’s Report. No report was given. Agenda Item No. 3C.Local Business Report. Director Last introduced Joe Durant with Five Guys Burgers and Fries who introduced his new business to Council. Agenda Item No. 3D. School District Reports. Dr. Karen Rue, Superintendent of the Northwest Independent School District, reported on the events and activities of her school district and introduced Manager of Facilities and Construction Dennis McCrary and Principal Linda Parker. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2008 Page 2 of 12 Dr. David Faltys, Superintendent of the Carroll Independent School District, gave a report on the events and activities of his school district. 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 September 16, 2008, regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Clarify a motion from the June 5, 2007 City Council meeting nd minutes for Ordinance No. 480-523, 2 Reading (ZA07-018) Zoning Change and Development Plan for Tealwood. After discussion, the Council agreed to amend the motion to remove the word, masonry, relating to the required fence type. Agenda Item No. 4C. Resolution No. 08-052, Appoint representatives to serve as liaison and alternate(s) members to the Texas High Speed Rail and Transportation Corporation (THSRTC). The Council discussed this item during the work session and appointed Mayor Pro Tem Terrell to serve as the liaison and Councilmembers Muller and Muzyka to serve as alternates. 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 REPRESENTATIVES TO SERVE AS LIAISON AND ALTERNATE(S) MEMBERS TO THE TEXAS HIGH SPEED RAIL AND TRANSPORTATION CORPORATION (THSRTC); AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4D. Approve an interlocal agreement with Tarrant County for the asphalt overlay of Randol Mill Road from West Southlake Boulevard to north of Brook Forest Drive and North Carroll Avenue, north from East Southlake Boulevard to Federal Way. A presentation was not made on this item. Agenda Item No. 4E. Ratify termination of the professional services agreement with Graham and Associates, Inc. for the design of White Chapel Boulevard. A presentation was not made on this item. Agenda Item No. 4F. Terminate the construction contract with Jackson Construction, Ltd., in the amount of $891,157.70 for paving, drainage, and utility improvements to Shumaker Lane and Sunshine Lane. A presentation was not made on this item. Agenda Item No. 4G. Award construction contract with JLB Contracting in the amount of $897,191.66 for paving, drainage, and utility improvements to Shumaker Lane and Sunshine Lane, and provide for construction phase contingencies. A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2008 Page 3 of 12 Agenda Item No. 4H. ZA08-026, Plat Revision for South Village at Watermere being a revision of a portion of Lot 4, Block 1, Watermere at Southlake Addition and being approximately 33.72 acres in the Jesse G. Allen Survey, Abstract No. 18 and being located at 2271 Union Church Road. Current Zoning: S-P-2 Detailed Site Plan District and R-PUD Residential Planned Unit Development. SPIN Neighborhood #15. A presentation was not made on this item. Agenda Item No. 4I. ZA08-077, Plat Revision for Lot 4R, Block 1, Watermere at Southlake Addition being a revision of a portion of Lot 4, Block 1, Watermere at Southlake Addition and being located at 301 Watermere Drive. Current Zoning: S-P-2 Detailed Site Plan District. SPIN Neighborhood #15. A presentation was not made on this item. Agenda Item No. 4J. ZA07-033, Plat Extension for Autumn Creek Plat Revision, being a revision of Lots 5R1-5R3, Block 1, T.M. Hood, No. 706 Addition, located at 321, 331, and 333 West Highland Street. Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #10. A presentation was not made on this item. Agenda Item No. 4K. ZA06-134, Plat Extension for Morrison Office Park Preliminary Plat, being approximately 6.14 acres located at 2720 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #6. A presentation was not made on this item. Agenda Item No. 4L. ZA06-154, Plat Extension for Morrison Office Park Final Plat, located at 2720 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #6. A presentation was not made on this item. Agenda Item No. 4M.Approve Identity Theft Prevention Program. A presentation was not made on this item. Agenda Item No. 4N. ZA07-144, Site Plan for Lot 1, Players Circle on property being legally described as Lot 1, Block 1, Players Circle Addition and being located at 1901 West Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN Neighborhood #16. This item and the associated public hearing were tabled to the November 4, 2008, City Council meeting. Agenda Item No. 4O. 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. Motion was made to approve consent agenda items 4A; 4B to amend the motion from nd the June 5, 2007 City Council meeting minutes for Ordinance No. 480-523, 2 Reading (ZA07-018) Zoning Change and Development Plan for Tealwood to remove the word, masonry, relating to the required fence type; 4C to appoint Mayor Pro Tem Terrell to serve as the liaison and Councilmembers Muller and Muzyka to serve as alternates; 4D; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2008 Page 4 of 12 4E; 4F; 4G; 4H subject to Plat Review Summary No. 3, dated September 12, 2008; 4I subject to Plat Review Summary No. 1, dated September 12, 2008; 4J; 4K; 4L; 4M; to table item 4N to the November 4, 2008 City Council meeting; and to table item 4O to a future Council meeting. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Wambsganss opened the Public Forum. Ray Chancellor, 890 Harbor Court, Southlake, Texas thanked the Council for their support of the Bob Jones Nature Center and asked for their continued awareness of the Southlake Cove Ecosystem. Mayor Wambsganss closed the Public Forum. nd Agenda Item No. 6A. Ordinance No. 480-440a, 2 Reading (ZA08-076), Zoning Change and Site Plan for Farpointe Wine Cellar on property located at 721 East Southlake Boulevard and described as Lot 1, Block 1, Pecan Creek. Current Zoning: S- P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #9E. Planner Comstock presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, PECAN CREEK; AND BEING APPROXIMATELY 1.744 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “C-2” LOCAL RETAIL COMMERCIAL DISTRICT USES TO INCLUDE TAVERNS, CLUBS, AND OTHER COMPARABLE ESTABLISHMENTS ONLY WITH THE APPROVAL OF A SPECIFIC USE PERMIT TO, “S-P-1” DETAILED SITE PLAN DISTRICT WITH “C-2” LOCAL RETAIL COMMERCIAL DISTRICT USES TO INCLUDE TAVERNS, CLUBS, AND OTHER COMPARABLE ESTABLISHMENTS ONLY WITH THE APPROVAL OF A SPECIFIC USE PERMIT AND TO ALLOW AN ARBOR STRUCTURE, 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2008 Page 5 of 12 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. nd Motion was made to approve Ordinance No. 480-440a, 2 Reading (ZA08-076), Zoning Change and Site Plan for Farpointe Wine Cellar. Motion: Jones Second: Terrell Ayes: Hill, Jones, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6B. ZA08-079, Site Plan for The Shops of Southlake on property being described as Lot 5, Block 1 (Buildings A1 and A2) and Lot 1, Block 1 (Building E), Shops of Southlake and being located at 1451 and 1201 East Southlake Boulevard. Current Zoning: S-P-2 Detailed Site Plan District. SPIN Neighborhood #8. Director Baker presented this item simultaneously with item 6C. Applicant David Palmer, 3102 Maple Avenue, Dallas, Texas answered Council’s questions. No one spoke during the Public Hearing. Motion was made to approve ZA08-079, Site Plan for The Shops of Southlake granting requested variances; noting Council’s preference of the two-toned option for the backs of the proposed buildings; and subject to Site Plan Review Summary No. 2, dated October 1, 2008. Motion: Terrell Second: Jones Ayes: Hill, Jones, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6C. Consider SP08-223, Conditional Sign Permit for The Shops at Southlake located at the southeast corner of South Carroll Avenue and East Southlake Boulevard. Director Baker presented this item simultaneously with item 6B. Applicant David Palmer, 3102 Maple Avenue, Dallas, Texas answered Council’s questions. Motion was made to approve SP08-223, Conditional Sign Permit for The Shops at Southlake located at the southeast corner of South Carroll Avenue and East Southlake Boulevard granting the requested variances. Motion: Terrell Second: Muzyka UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2008 Page 6 of 12 Ayes: Hill, Jones, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6D. Resolution No. 08-051, (ZA08-082) Specific Use Permit for Chick- fil-A on property being described as Lot 4, Block 1, Perry/Allen Addition and located at 2301 East Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN Neighborhood #7. Planner Comstock presented this item to 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, GRANTING A SPECIFIC USE PERMIT FOR AN ACCESSORY BUILDING ON NON- RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2301 E. SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 4, BLOCK 1, PERRY/ALLEN 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. Motion was made to approve Resolution No. 08-051, (ZA08-082) Specific Use Permit for Chick-fil-A subject to the recommendations of the Planning and Zoning Commission; subject to staff’s presentation concerning the sidewalks, shrubs, and retaining wall; subject to staff’s request to decrease the width of the roof by one foot; and subject to Revised Site Plan Review Summary No. 1, dated October 1, 2008. Motion: Terrell Second: Jones Ayes: Hill, Jones, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6E. Ordinance No. 946, 2 Reading, An ordinance adding Chapter 9.5, Article VIII to the Code of Ordinances; providing for the regulation of erosion and sediment control at construction sites within the city of Southlake and establishing an effective date. Director Price presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADDING, ARTICLE VIII “EROSION AND SEDIMENT CONTROL TO CHAPTER 9.5 “ENVIRONMENT” OF THE CITY OF SOUTHLAKE CODE OF ORDINANCES TO PROVIDE FOR THE REGULATION OF EROSION PREVENTION AND SEDIMENT CONTROL AT CONSTRUCTION SITES WITHIN THE CITY OF SOUTHLAKE; 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; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2008 Page 7 of 12 PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE MANNER AUTHORIZED BY LAW; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the Public Hearing. Charles Griffith, 2718 York Court, Southlake, Texas and President of the Cambridge Place Homeowner’s Association spoke in support of the proposed ordinance. Mayor Wambsganss closed the Public Hearing. nd Motion to approve Ordinance No. 946, 2 Reading, An ordinance adding Chapter 9.5, Article VIII to the Code of Ordinances; providing for the regulation of erosion and sediment control at construction sites within the City of Southlake and establishing an effective date, as presented. Motion: Terrell Second: Muller Ayes: Hill, Jones, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6F. Ordinance No 483-O, 2 Reading, Amendment to the Subdivision Ordinance No. 483, as amended, as it pertains to the requirements for the installation of underground franchise utilities within the City of Southlake. Planner Comstock presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 483, AS AMENDED, THE SUBDIVISION ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS AS IT PERTAINS TO THE REQUIREMENTS FOR THE INSTALLATION OF UNDERGROUND FRANCHISE UTILITIES WITHIN THE CITY OF SOUTHLAKE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the Public Hearing. nd Motion to approve Ordinance No 483-O, 2 Reading, Amendment to the Subdivision Ordinance No. 483, as amended, as it pertains to the requirements for the installation of underground franchise utilities within the City of Southlake, as presented. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Wambsganss UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2008 Page 8 of 12 Nays: None Approved: 6-0 Mayor Wambsganss called for a break at 9:06 p.m. and reconvened the meeting at 9:26 p.m. st Agenda Item No. 7A. Ordinance No. 480-564, 1 Reading (ZA08-031), Zoning Change and Development Plan for Carillon Southlake on property located at the northeast corner of East State Highway 114 and North White Chapel Boulevard and 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 presented this item to Council. Applicant Jeff Kennemer of Hines made a presentation and answered Council’s questions. Danny Opitz reviewed the architectural controls of the residential and commercial areas. Mark Granlund with Opus answered questions about gates and street façade design. Mayor Wambsganss allowed the public to speak. Lisa Fore, 1101 Bay Meadows Drive, Southlake, Texas, spoke in opposition to the expansion of Carroll Avenue. D. Todd Parrish, 1313 Bay Meadows Drive, Southlake, Texas, spoke in opposition to the density. Ken Phillips, 774 Castle Rock, Southlake, Texas, spoke in opposition to the density. Kathleen Simpson, 104 Brentwood Circle, Southlake, Texas, spoke in opposition. Brian Zvonecek, 513 Fox Glen, Southlake, Texas, spoke in support. Greg Standerfer spoke in support. Doug Harsy, 2804 Tyler Street, Southlake, Texas spoke in opposition. Rebecca Chivers Altey voiced some concerns regarding the development. Mayor Wambsganss read the names of those who did not wish to speak but wanted to record their opposition: Jeff Brennan, 431 Marshall Road, Southlake, Texas; Octavian Burtea, 1830 Hunter’s Creek, Southlake, Texas; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2008 Page 9 of 12 Terry Cole, 1212 Powder River Trail, Southlake, Texas; Stan Fore, 1101 Bay Meadows Drive, Southlake, Texas; Janice L. and Jere Francis, 1211 Ashmoore Court, Southlake, Texas; Boyd and Susan Herndon, 1201 Ashmoore Court, Southlake, Texas; Barbara S. and Barry Johnson, 1408 Whispering Dell Court, Southlake, Texas; Jail Harsy, 2804 Tyler Street, Southlake, Texas; Glenn and Susan Jost, 116 Brentwood Circle, Southlake, Texas; Greg and Melanie Lane, 129 Welford Lane, Southlake, Texas; Justin and Kim Lee, 775 Black Forest Court, Southlake, Texas; Sara and Sina Matin, 2304 Idlewild Court, Southlake, Texas; Jeff Pannell, 1418 Whispering Dell Court, Southlake, Texas; Darrel and Karen Peck, 2803 Linden Lane, Southlake, Texas; Carla Satterfield, 1035 Carroll Meadows, Southlake, Texas; Joann Shen, 2105 Woodbine Circle, Southlake, Texas; Charles Simpson, 104 Brentwood Circle, Southlake, Texas; Whitney Tong, 1213 Ashmoore Court, Southlake, Texas; Beckie and John Underwood, 1407 Whispering Dell Court, Southlake, Texas; Deanne and Vincent Vetter, 2809 Ridgecrest Drive, Southlake, Texas; Jennifer and Patrick Whitfill, 1421 Whispering Dell Court; Southlake, Texas; and, Alex, Karen and Karissa Zaal, 1203 Ashmoore Court, Southlake, Texas. The following people filled out comment cards in support but did not wish to speak: Brad Cavnar, 1501 Corporate Circle, Suite 100, Southlake, Texas; Randall McCauley, 2805 Carrick Court, Southlake, Texas; Michael Mills, 805 Cross Lane, Southlake, Texas; Giovanna Phillips, 1501 Corporate Circle, Suite 100, Southlake, Texas; and Michael L. Waldman, 713 Longford Drive, Southlake, Texas. st Motion was made to approve Ordinance No. 480-564, 1 Reading (ZA08-031), Zoning Change and Development Plan for Carillon Southlake subject to staff’s comments and City Council’s comments; incorporating the transcript of tonight’s discussions (attached as Exhibit A) for the second reading which is currently scheduled for the November 18, 2008 City Council meeting; subject to the developer’s comments and agreements made at the last meeting; and subject to Development Plan Review Summary No. 6, dated October 1, 2008. Motion: Terrell Second: Hill Ayes: Hill, Jones, Muzyka, Terrell, Wambsganss Nays: Muller Approved: 5-1 Mayor Wambsganss called for a break at 11:55 p.m. and reconvened the meeting at 12:13 a.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2008 Page 10 of 12 st Agenda Item No. 7B.Ordinance No. 480-569, 1 Reading (ZA08-052), Zoning Change and Concept Plan for Miracle Pointe II 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 I1 Light Industrial. Proposed Zoning: SF-20A Single Family Residential. SPIN Neighborhood #8. Director Baker and Deputy Director Mayer presented this item to Council. Applicant Jim Dewey with JDJR Engineers made a presentation and answered Council’s questions. st Motion was made to approve Ordinance No. 480-569, 1 Reading (ZA08-052), Zoning Change and Concept Plan for Miracle Pointe II noting this development is subject to the requirements of the Erosion and Sediment Control Ordinance No. 946 and the applicant has agreed to proceed with training as soon as it is available, and subject to Concept Plan Review Summary No. 3, dated September 29, 2008. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 st Agenda Item No. 7C. Ordinance No. 480-570, 1 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. Proposed Zoning: S-P-2 Generalized Site Plan District with C2 Uses Light Retail Commercial District. SPIN Neighborhood #9E. The applicant requested to table this item. st Motion was made to table Ordinance No. 480-570, 1 Reading (ZA08-059), Zoning Change and Site Plan for The Plaza at Southlake Boulevard to the October 21, 2008 City Council meeting at the applicant’s request. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 9B. Consider SP08-161, Variance to the Shady Oaks Office Park Conditional Sign Permit for Guaranty Bank located at 600 West Southlake Boulevard, Suite 110. The applicant requested to table this item. Motion was made to table SP08-161, Variance to the Shady Oaks Office Park Conditional Sign Permit for Guaranty Bank to the October 21, 2008 City Council meeting at the applicant’s request. Motion: Terrell Second: Jones UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2008 Page 11 of 12 Ayes: Hill, Jones, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 9A. Approve recommendation for the placement of red light cameras at Carroll Avenue at East Southlake Boulevard – westbound, Kimball Avenue at East Southlake Boulevard – westbound, Peytonville Avenue at West Southlake Boulevard - eastbound, and Davis Boulevard at West Southlake Boulevard – northbound. Chief Finn presented this item to Council and answered questions. Council discussed this item. Motion was made to approve recommendation for the placement of red light cameras at Carroll Avenue at East Southlake Boulevard – westbound, Kimball Avenue at East Southlake Boulevard – westbound, Peytonville Avenue at West Southlake Boulevard - eastbound, and Davis Boulevard at West Southlake Boulevard – northbound, as presented. Motion: Terrell Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 12:44 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ Andy Wambsganss Mayor ATTEST: ______________________________ Lori Payne, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2008 Page 12 of 12