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Item 4ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 16, 2007 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris, Deputy Mayor Pro Tem Virginia M. Muzyka, and Councilmembers Laura K. Hill, Gregory Jones, Vernon Stansell 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, Manager of Information Services Gary Gregg, Director of Community Services Steve Polasek, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Fire Marshal David Barnes, Fire Inspector John Ard, Director of Human Resources Kevin Hugman, Director of Planning and Development Services Ken Baker, Chief Planner Dennis Killough, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick, City Attorney E. Allen Taylor, 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 5:08 p.m. in Training Rooms 3C and 3D. Agenda Item No. 2. Invocation. The invocation was given during the regular session. Agenda Item No. 3A. Ordinance No. 480-RRR, Amending the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to oil and gas drilling and production; Agenda Item No. 3B. Amendment to the City’s Master Comprehensive Plan as it pertains to oil and gas drilling production, oil and gas production pad sites and natural resource extraction activities; and, Agenda Item No. 3C. Ordinance No. 880-A, Amending Section 9.5, Article IV, of the Southlake City Code regarding oil and gas well drilling and production. Mayor Wambsganss made opening comments and then discussed the handouts from consultant Larry O. Hulsey. The Council discussed the questions outlined in the handouts. No action was taken. Agenda Item No. 3. Discuss all consent agenda items on tonight’s meeting agenda. City Council did not have any specific questions related to the consent agenda. The work session ended at 6:08 p.m. REGULAR SESSION: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007 Page 1 of 11 Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:08 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 the city attorney, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:08 p.m. Executive Session began at 6:34 p.m. and ended at 7:17 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:26 p.m. in the Council Chambers and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 2. Invocation. Director Baker gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 3A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 3A1. Presentation of certificates to students for Fire Safety posters. Fire Marshal Barnes and Fire Inspector Ard introduced the program, Plan Your Escape, and presented certificates to students for their great work on the fire safety posters. Agenda Item No. 3B1. Introduction of Assistant to the City Manager, Alison Ortowski. City Manger Yelverton introduced Assistant to the City Manager Ortowski to Council. Agenda Item No. 3C. Library Board Report. A written report was provided to Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 4A. Approve the minutes from the September 25, 2007, special City Council meeting; the September 27, 2007, joint urban design meeting with the City Council and the Planning and Zoning Commission; and the October 2, 2007, regular City Council meeting. A presentation was not made on this item. All were approved as presented. Agenda Item No. 4B. Resolution No. 07-058, Suspending the October 25, 2007, effective date of Atmos Energy Corp., Mid-Tex Division requested rate change to permit the City time to study the request and to establish reasonable rates; approving cooperation with Atmos Cities Steering Committee and other cities in the Atmos Energy Corp., Mid-Tex Division service area to hire legal and consulting services and to negotiate with the Company and direct any necessary litigation and appeals; requiring reimbursement of Cities' rate case expenses; 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. A presentation was not made on this UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007 Page 2 of 11 item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, SUSPENDING THE OCTOBER 25, 2007, EFFECTIVE DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH RESONABLE RATES; APPROVING COOPERATION WITH ATMOS CITIES STEERING COMMITTEE AND OTHER CITIES IN THE ATMOS ENERGY CORP., MID-TEX DIVISION SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES’ RATE CASE EXPENSES; 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. 4C. Approve Metroport Teen Court Interlocal Agreement for FY 2008. A presentation was not made on this item. Agenda Item No. 4D. ZA07-113, Plat Revision for Lots 17R and 18R, Block 1, Tuscan Ridge Phase I, being a replat of property currently described as Lots 17 and 18, Block 1, Tuscan Ridge Phase I, located at 1657 and 1653 Tuscan Ridge Circle. Current Zoning: MH Manufactured Housing District. SPIN Neighborhood #12. A presentation was not made on this item. Agenda Item No. 4E. ZA07-116, Plat Showing for Lots 1 and 2, R. D. Price No. 1207 Addition on property legally described as Tract 11, R.D. Price Survey, Abstract No. 1207, located at 3820 Burney Lane. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3. A presentation was not made on this item. Agenda Item No. 4F. Authorize a Professional Services Agreement with Kimley-Horn and Associates, Inc. for design of improvements to North Kimball Avenue from State Highway 114 to Dove Road. A presentation was not made on this item. Agenda Item No. 4G. ZA07-110, 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, located at 500 Silicon Drive and 510 Silicon Drive. Current Zoning: O-1 Office District. SPIN Neighborhood #7. This item was tabled and the public hearing will be held at the November 6, 2007, regular City Council meeting. Agenda Item No. 4H. Resolution No. 07-048, Approve the 2007 City of Southlake Sidewalk Plan, an element of the City of Southlake Comprehensive Master Plan, the Southlake 2025 Plan. This item was tabled until the November 6, 2007, regular City Council meeting. nd Agenda Item No. 4I. Ordinance No. 480-534, 2 Reading (ZA07-063), Zoning Change and Development Plan for Winfield Estates on property being legally described as Tracts 1, 1C and 1C1 A.H. Chivers Survey, Abstract No. 299, located at 2210 North Carroll Avenue, 1155 East UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007 Page 3 of 11 Dove Road, and 1107 East Dove Road. Current Zoning: C-2 Local Retail Commercial District and AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. This item was administratively tabled and the public hearing will be held at the November 6, 2007, regular City Council meeting. Motion was made to approve consent agenda items 4A; 4B; 4C; 4D subject to Plat Review Summary No. 2, dated September 28, 2007; 4E subject to Plat Review Summary No. 2, October 10, 2007; 4F; 4G to table to the November 6, 2007, regular City Council meeting; 4H to table to the November 6, 2007, regular City Council meeting; and 4I to administratively table to the November 6, 2007, regular City Council meeting; Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke. nd Agenda Item No. 6A. Ordinance No. 918, 2 Reading, Adopt an ordinance to dedicate a water line easement on City-owned property at Continental Boulevard for purpose of constructing public improvements. Mayor Wambsganss introduced this item. No separate staff presentation was made. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE DEDICATING A PERMANENT WATER LINE EASEMENT UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT 981 EAST CONTINENTAL BOULEVARD DESCRIBED AS LOT 25, BLOCK 1, EAST HAVEN ADDITION (VOLUME 388-153, PAGE 66, P.R.T.C.T.) IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 918, 2 Reading, Adopt an ordinance to dedicate a water line easement on City-owned property at Continental Boulevard for purpose of constructing public improvements. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007 Page 4 of 11 nd Agenda Item No. 6B. Ordinance No. 480-QQQ, 2 Reading, Miscellaneous Amendments to the Comprehensive Zoning Ordinance 480, as amended, relating to Accessory Structure Standards in Residential Zoning Districts. Director Baker 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; AMENDING SECTIONS 4, 11, 34, AND 44 AS THEY PERTAIN TO STANDARDS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONING DISTRICTS; 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. Mayor Wambsganss opened the public hearing. Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas, addressed this item and asked for Council’s approval. Mayor Wambsganss closed the public hearing. Council discussed this request. nd Motion was made to approve Ordinance No. 480-QQQ, 2 Reading, Miscellaneous Amendments to the Comprehensive Zoning Ordinance 480, as amended, relating to Accessory Structure Standards in Residential Zoning Districts, deleting section ‘v’ under section ‘ff’ - No permit shall be required for PODs used for temporary storage during moving; and to further allow for administrative approval as to whether or not the desired color matches the main structure on a request. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 nd Agenda Item No. 6C. Ordinance No. 480-LLL, 2 Reading, An Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the “SF- 2” Single Family Residential Zoning District. Director Baker 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; ADDING SECTION 50, WHICH ESTABLISHES THE SF-2 SINGLE-FAMILY RESIDENTIAL DISTRICT; PROVIDING PERMITTED USES AND STANDARDS FOR DEVELOPMENT; 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007 Page 5 of 11 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 was made to approve Ordinance No. 480-LLL, 2 Reading, An Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the “SF- 2” Single Family Residential Zoning District. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 nd Agenda Item No. 6D. Ordinance No. 480-529, 2 Reading (ZA07-070), Zoning Change and Concept Plan for Woodbury Addition on property being legally described as Tracts 1B1A1 and 1B1A, T.J. Thompson Survey, Abstract No. 1502 and Lot 1, T.J. Thompson No. 1502 Addition, located at 2100 West Continental Boulevard, 2020 West Continental Boulevard, and 2030 West Continental Boulevard. Current Zoning: SF-30 Single Family Residential District, AG Agricultural District, and S-P-1 Detailed Site Plan District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #16. Chief Planner Killough presented this item in conjunction with item 6E. Applicant David McMahan 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 TRACTS 1B1A1 & 1B1A, T.J. THOMPSON SURVEY, ABSTRACT NO. 1502, BEING APPROXIMATELY 5.735 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “S-P-1” DETAILED SITE PLAN DISTRICT TO “SF-20A” 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. Mayor Wambsganss opened the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007 Page 6 of 11 Denise Overby, 2100 West Continental Boulevard, Southlake, Texas, spoke in support of this item. Mayor Wambsganss read comment cards from those that did not wish to speak but wanted to record their support: Lori and Tim Livingston, 2020 West Continental Boulevard, Southlake, Texas; and, Larry Overby, 2100 West Continental Boulevard, Southlake, Texas. Mayor Wambsganss closed the public hearing. nd Motion was made to approve Ordinance No. 480-529, 2 Reading (ZA07-070), Zoning Change and Concept Plan for Woodbury Addition subject to the presentation made this evening with representations made by the applicant, specifically granting the requested variance on the street width and subject to Concept Plan Review Summary No. 6, dated October 10, 2007. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6E. ZA07-071, Preliminary Plat for Woodbury Addition on property being legally described as Lot 1, T.J. Thompson No. 1502 Addition and Tracts 1B1A1 and 1B1A, T.J. Thompson Survey, Abstract No. 1502, located at 2100 West Continental Boulevard, 2020 West Continental Boulevard and 2030 West Continental Boulevard. Current Zoning: SF-30 Single Family Residential District, AG Agricultural District, S-P-1 Detailed Site Plan District. Proposed Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #16. Chief Planner Killough presented this item in conjunction with item 6D. Applicant David McMahan made a presentation and answered Council’s questions. Motion was made to approve ZA07-071, Preliminary Plat for Woodbury Addition subject to Plat Review Summary No. 5, dated October 10, 2007. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6F. Resolution No. 07-059, (ZA07-093), Specific Use Permit for a telecommunications antenna for Aircell on property legally described as Lot 1, Block A, Oien Subdivision, located at 3700 North White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #1. Chief Planner Killough presented this item. Applicants Bill Bowman, 2300 Springer, Arlington, Texas, from Aircell and Chris Prescott from American Tower answered Council’s questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007 Page 7 of 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR TELECOMMUNICATIONS TOWERS, ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK A, OIEN ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 07-059, (ZA07-093), Specific Use Permit for a telecommunications antenna for Aircell subject to the representations made by the applicant this evening and his agreement to double the number of evergreen trees by adding four more trees on each side of the driveway and subject to Concept Plan Review Summary No. 2, dated August 31, 2007, specifically granting the requested variance. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6G. ZA07-056, Site Plan for Medical Villas at Taylor's Creek on property legally described as Tract 3C, H. Granberry Survey, Abstract No. 581, located at 130 South White Chapel Boulevard. Current Zoning: O-1 Office District. SPIN Neighborhood #14. Chief Planner Killough presented this item to Council in conjunction with item 6H. Applicants Skip Blake from Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas and Civil Engineer Keith Hamilton, 601 Holland Road, Hurst, Texas made a presentation and answered Council’s questions. No one spoke during the public hearing. Motion was made to approve ZA07-056, Site Plan for Medical Villas at Taylor's Creek recommending the applicant notify tenants of the prospect of a right-in/right-out driveway to possibly be added when the median is placed on F.M. 1709; allowing the mimosa and hackberry trees to be removed at the landscape designer’s discretion; allowing the applicant to alter the median shown on the site plan to be similar to the representation on the landscape plan; subject to Revised Site Plan Review Summary No. 4, dated October 10, 2007, granting the requested variances regarding driveway spacing, bufferyards, parking, building articulation and the tree conservation plan; altering the location of the stub out to the western edge of the property as presented by staff; adding a second tower as presented tonight; moving the western dumpster to the western end of the row of parking as discussed tonight; and subject to the applicant’s presentation. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007 Page 8 of 11 Nays: None Approved: 7-0 Agenda Item No. 6H. ZA07-057, Preliminary Plat for Medical Villas at Taylor's Creek on property legally described as Tract 3C, H. Granberry Survey, Abstract No. 581, located at 130 South White Chapel Boulevard on the southwest corner of West Southlake Boulevard and South White Chapel Boulevard. Current Zoning: O-1 Office District. SPIN Neighborhood #14. Chief Planner Killough presented this item to Council in conjunction with item 6G. Applicants Skip Blake from Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas and Civil Engineer Keith Hamilton, 601 Holland Road, Hurst, Texas made a presentation and answered Council’s questions. Motion was made to approve ZA07-057, Preliminary Plat for Medical Villas at Taylor's Creek subject to Revised Plat Review Summary No. 4, dated October 10, 2007, specifically granting the requested variance regarding the tree conservation plan. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss called for a break at 9:15 p.m. and reconvened the meeting at 9:34 p.m. Agenda Item No. 9A. ZA07-100, Preliminary Plat for Lots 7R1A, 7R2A, and 7R3, Timberline Estates on property being legally described as Lots 7R1 and 7R2, Timberline Estates and being located at 220 and 230 Timberline Lane. Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council in conjunction with item 9B. Applicant Steve Maples, 5001 Golden Triangle Boulevard, Keller, Texas made a presentation and answered Council’s questions. Mayor Wambsganss allowed the public to speak. Robert Garner, 225 Timberline Lane, Southlake, Texas, spoke in opposition to the easement. Craig Bryant, 270 Timberline Lane, Southlake, Texas, spoke in opposition to the easement. Sherri Corning, 245 Timberline Lane, Southlake, Texas, voiced her concerns about this request. Mayor Wambsganss read comment cards from those that did not wish to speak but wanted to record their opposition to the easement: Latrelle L. Berry, 250 Timberline Lane, Southlake, Texas; Misty and Paul Bishop, 255 Timberline Lane, Southlake, Texas; Kreg Bryant, 270 Timberline Lane, Southlake, Texas; Robert and Sherri Corning, 245 Timberline Lane, Southlake, Texas; Billie Jeane Garner, 225 Timberline Lane, Southlake, Texas; and, UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007 Page 9 of 11 Avis O. Purvis, 275 Timberline Lane, Southlake, Texas. Motion was made to approve ZA07-100, Preliminary Plat for Lots 7R1A, 7R2A, and 7R3, Timberline Estates on property being legally described as Lots 7R1 and 7R2, Timberline Estates, and being located at 220 and 230 Timberline Lane, noting the applicant will need to construct the trail at the new location between lots 7R2A and 7R1A within six months of pulling the first permit for either of the two lots; relocating and abandoning the existing 10 foot access easement to a location between lots 7R1A and 7R2A; requiring the applicant to escrow funds to construct the 4 foot sidewalk required along Timberline Court; requiring the sidewalk to be constructed of concrete; requiring the trail to be constructed of concrete; and subject to Plat Review Summary No. 2, dated October 10, 2007. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9B. ZA07-107, Plat Revision for Lots 7R1A, 7R2A, and 7R3, Timberline Estates; being a revision of Lots 7R1 and 7R2, Timberline Estates and being located at 220 and 230 Timberline Lane. Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council in conjunction with item 9A. Applicant Steve Maples 5001 Golden Triangle Boulevard, Keller, Texas made a presentation and answered Council’s questions. Motion was made to approve ZA07-107, Plat Revision for Lots 7R1A, 7R2A, and 7R3, Timberline Estates; being a revision of Lots 7R1 and 7R2, Timberline Estates and being located at 220 and 230 Timberline Lane subject to the recommendations of the Planning and Zoning Commission and subject to Plat Review Summary No. 2, dated October 10, 2007 and subject to the conditions of the prior motion. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9C. Consider SP07-343, Amendment to the Shops of Southlake Conditional Sign Permit for Central Market. Director Baker presented this item to Council. Applicants Austin Jury of Central Market and in-house architect Karen Easterling made a presentation and answered Council’s questions. Council asked questions and discussed this request. Motion was made to approve SP07-343, Amendment to the Shops of Southlake Conditional Sign Permit for Central Market as presented with the assurances given by the applicant as to the type and coloring of lettering and also based upon the specific descriptions shown with the examples presented tonight with the channel cut illuminated green letters with the text, fresh produce daily, at 20 inches rather than 22 inches. Motion: Jones UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007 Page 10 of 11 Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: Stansell Approved: 6-1 Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 10:59 p.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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007 Page 11 of 11