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Item 4A 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 Tem Carolyn Morris, Deputy Mayor Pro Tem 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. 2 Agenda Item No. 3. IACTion Awards Recognition -- FY07Q4, FY08Q1. Director 2 Hugman recognized employees who received the IACTion 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. UNOFFICIAL 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. UNOFFICIAL 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 Tem 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. st Agenda Item No. 4I. Ordinance No. 926, 1 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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 3 of 12 st Agenda Item No. 4K. Ordinance No. 927, 1 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. st Agenda Item No. 4L. Ordinance No. 480-551, 1 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. st Agenda Item No. 4N. Ordinance No. 480-545, 1 Reading (ZA07-145) Zoning Change and Site Plan for Panera Bread and Bakery Café on property being legally described as Lot 2, Block 1, Gumm Scifres, located at 111 South Village Center Drive. Current Zoning: O-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. nd Agenda Item No. 4O. Ordinance No. 480-536, 2 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: O-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. 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 1R1, 1R2, 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: O-1 Office District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7.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: O-1 Office District. SPIN Neighborhood #8. The applicant requested to table this item to the March 4, 2008, City Council meeting. st Agenda Item No. 4R. Ordinance No. 480-542, 1 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. UNOFFICIAL 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. nd Agenda Item No. 4S. Ordinance No. 480-544, 2 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; 4B; 4C; 4D; 4E; 4F subject to funding approval by the Southlake Parks Development Corporation; 4G; 4H to appoint Mayor Wambsganss, Deputy Mayor Pro Tem Muzyka and Councilmember Terrell to the Audit Committee; 4I; 4J; 4K; 4L; 4M; to table item 4N at the applicant’s request to the February 19, 2008, City Council meeting; to table item 4O 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 UNOFFICIAL 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 nd Agenda Item No. 6B. Ordinance No. 480-546, 2 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: O-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 “O-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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 6 of 12 nd Motion was made to approve Ordinance No. 480-546, 2 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 nd Agenda Item No. 6C. Ordinance No. 480-547, 2 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 “O-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. UNOFFICIAL 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. nd Motion was made to approve Ordinance No. 480-547, 2 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 nd Agenda Item No. 6D. Ordinance No. 480-548, 2 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 “O-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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 8 of 12 No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 480-548, 2 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: I-1 Light Industrial District. SPINNeighborhood #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 UNOFFICIAL 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. st Agenda Item No. 7A. Ordinance No. 480-549, 1 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. 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. st Motion was made to approve Ordinance No. 480-549, 1 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 Tem Morris called the meeting back to order at 9:56 p.m. st Agenda Item No. 7B. Ordinance No. 480-550, 1 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 UNOFFICIAL 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 Tem 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. st Motion was made to approve Ordinance No. 480-550, 1 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 UNOFFICIAL 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 Tem 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008 Page 12 of 12