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Item 5A (2)CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 21, 2006 LOCATION 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland, Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT None. STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Manager of Technical Services Gary Gregg, Audio Visual System Technician Pam Jordan, Library Administrator Kerry McGeath, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, Community Services Coordinator Crystal Duran, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough, Plans Examiner Chuck Bloomberg, Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn, Fire Marshal David Barnes, Chief of Police Services Wade Goolsby, Interim Director of Public Works Charlie Thomas, Public Works Operations Manager Chuck Kendrick, City Attorney Tim Sralla, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Wambsganss at 5:35 p.m. City Council reviewed the agenda items with city staff and applicants. Item lOB was added to the consent agenda. The work session ended at 5:46 p.m. REGULAR SESSION Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:46 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 city attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:46 p.m. Executive Session began at 6:00 p.m. and ended at 7:25 p.m. Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:30 p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session. No motion was necessary. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006 Page I of 11 Agenda Item No. 3. Invocation The invocation was given by Eric Hulet from Grace Community Church. Mayor Wambsganss led the audience in the pledge of allegiance. Agenda Item No. 4A. Mayor's Report Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 4A1. Proclamation for Flag Football State Champions. Mayor Wambsganss presented proclamations to Southlake O.T. 8 and Southlake Broncos 10 for winning the Texas Amateur Athletic Federation State Championship. The following items were taking out of order. Agenda Item 4132. Staff introductions. Director Polasek introduced the new Deputy Director of Community Services, Chris Tribble, and Community Services Coordinator, Crystal Duran, to Council. Agenda Item 4131. Presentation of results from 2006 Citizen Survey. Assistant City Manager Blagg introduced Scott Hansen who presented the citizen's survey results to Council. Agenda Item No. 4C. Financial Report A written report was given to Council. Agenda Item No. 4D. Local Business Report, Director Last introduced Shawn Fannin from Southlake Fitness who introduced his business 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. 5A. Approve the minutes for the February 7, 2006, regular City Council meeting. A presentation was not made on this item. Agenda Item No. 5B. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings Mayor Pro Tern Shankland was absent from the February 7, 2006, City Council meeting. Vernon Stansell and Michael Boutte were absent from the February 9, 2006, Planning and Zoning Commission meeting. Agenda Item No. 5C. Authorize the City Manager to enter into a professional services agreement with Credera/Maximus, Inc. for information technology alignment study. A presentation was not made on this item. Agenda Item No. 5D. Authorize the Mayor to execute a Professional Services Agreement with Cheatham and Associates for design of certain projects included in the 05/06 CIP and Strategic Initiative Fund A presentation was not made on this item. Agenda Item No. 5E. Award annual contract for utility parts to Hughes Supply, Texas Water Products, and Ferguson and Atlas Utility Supply. Interim Director Thomas presented this item during the work session. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006 Page 2 of 11 Agenda Item No. 5F. Authorize the Mayor to execute a Residential Developer's Agreement for Villas Del Sol, a 10.82 -acre, nine -lot subdivision, located at the northwest corner of Highland Street and Sunshine Lane. A presentation was not made on this item. Agenda Item No. 5G. Authorize the Mayor to enter into an Interlocal Assistance Agreement for fire and explosive investigation. A presentation was not made on this item. Agenda item No. 5H. Resolution No. 06 -012, Support the City's participation in a drug and alcohol awareness program known as "Game Over" every two years. Councilmember Jones presented this item during the work session. 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, SUPPORTING THE CITY'S PARTICIPATION IN A DRUG AND ALCOHOL AWARENESS PROGRAM KNOWN AS "GAME OVER" EVERY TWO YEARS. Agenda Item No. 5I. Resolution No. 06 -013, Call the May 13, 2006, General Election and authorize joint election agreements with Tarrant County Elections Administration and Carroll Independent School District. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 13, 2006; APPROVING JOINT ELECTIONS WITH TARRANT COUNTY AND CARROLL INDEPENDENT SCHOOL DISTRICT; AND ESTABLISHING PROCEDURES FOR THAT ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Agenda Item No. 5J. ZA05 -172, Plat Revision for proposed Lots 3R2R1, 3R2R2, 3R3RI, 3R3R2, and 3R3R3, Green Meadow Subdivision being a revision of Lots 3R2R1, 3R2R2, and 3R2R3, Green Meadow Subdivision, located at the southeast corner of South Kimball Avenue and East Continental Boulevard. Current Zoning: I -1 Light Industrial District. SPIN Neighborhood #7 . Chief Planner Killough presented this item to Council during the work session. Agenda Item No. lOB. Amend the current professional services agreement with Dunkin, Sims, Stoffels, Inc. to include the design and engineering of the loop road parking lot improvements at Bob Jones Park. Director Polasek presented this item during the work session. Motion was made to approve consent agenda items 5A; 5B to excuse Mayor Pro Tern Shankland from the February 7, 2006, City Council meeting and Vernon Stansell and Michael Boutte from the February 9, 2006, Planning and Zoning Commission meeting; 5C; 51); 5E; 5F; 5G; 51-1; 5I; 5J; and IOB. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006 Page 3 of 11 Nays: None Approved: 7 -0 REGULAR AGENDA: Agenda Item No. 6. Public Forum Mayor Wambsganss opened the public forum. Gary Hargett, 1 111 South White Chapel Boulevard, Southlake, Texas, stated his concerns about a recent paintball incident on his neighbor's property. Mayor Wambsganss closed the public forum. Agenda Item No. 7A. ZA05 -156, Site Plan for The Shops at Southlake — Building A3, located at the southeast corner of East Southlake Boulevard and South Carroll Avenue. Current Zoning: SP -2 Generalized Site Plan District. SPIN Neighborhood #8. (note - a variance to the maximum height of the acoustic wall located near the southern property boundary may be considered in conjunction with this site plan. Chief Planner Killough presented this item to Council. Applicant David Palmer made a presentation and answered Council's questions. Council discussed the playground fencing, roof -top air conditioning units, noise levels, southern property line wall structure, and hours of operation. Mayor Wambsganss opened the public hearing. Chuck Blucher, 1218 Westmont Drive, Southlake, Texas, spoke in opposition to the sound variance request. Jane Cravens, 304 Lakeside Court, Southlake, Texas, spoke in opposition. James Tompkins, 1222 Westmont Drive, Southlake, Texas, spoke in opposition. Mayor Wambsganss closed the public hearing. Council continued their discussion of this item and asked questions of the applicant. Motion was made to approve ZA05 -156, Site Plan for The Shops at Southlake — Building A3 — subject to Site Plan Review Summary No. 1, dated December 30, 2005; subject to the recommendations of the Planning and Zoning Commission; and granting the requested variances, specifically the variance to the wall height. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006 Page 4 of 11 Agenda Item No. 7B. Consider variance to the Noise Ordinance No. 778, as it pertains to certain commercial operations of the proposed retail center known as the Shops of Southlake located at the southeast corner of East Southlake Boulevard and South Carroll Avenue There was no presentation on this item. Motion was made to deny Agenda Item No. 713, consider variance to the Noise Ordinance No. 778, as it pertains to certain commercial operations of the proposed retail center known as the Shops of Southlake located at the southeast corner of East Southlake Boulevard and South Carroll Avenue. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Vote: 7 -0 (to deny) Councilmember Terrell stepped out of the room. Agenda Item No. 7C. Ordinance No. 480 -477. 2nd Reading_ (ZA05 -149) Zoning Chance for 680 East Dove Road, being legally described as Tract 213O1A, J.L. Chivers Survey, Abstract No. 348. Current Zoning: AG Agricultural District. Reauested Zoning: SF -IA Single Familv Residential District. SPIN Neighborhood #3. Chief Planner Killough 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 TRACT 2B1A, SITUATED IN THE J. CHIVERS SURVEY, ABSTRACT NO. 348, BEING APPROXIMATELY 2.00 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT, 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 SEVERABIL,ITY 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. Motion was made to approve Ordinance No. 480 -477, 2 " Reading, (ZA05 -149) Zoning Change for 680 East Dove Road. Motion: Jones Second: Shankland UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006 Page 5 of 11 Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss Nays: None Approved: 6 -0 Councilmember Terrell returned to the meeting. Agenda Item No. 7D. Resolution No. 06 -011, (ZA06- 012 )Specific Use Permit to allow a mass gathering for the Kelly Miller Circus, located on the southwest corner of North White Chapel Boulevard and State Highway 114. Current Zoning: C -1 Neighborhood Commercial District and AG Agricultural District. SPIN Neighborhood #11. Chief Planner Killough 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 A MASS GATHERING EVENT FOR THE KELLY MILLER CIRCUS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK A, RAVENAUX VILLAGE AND TRACT 6J, SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. Kathy Rogers, 3580 Burney Lane, Southlake, Texas, spoke in favor of this item. Mayor Wambsganss closed the public hearing. Motion was made to approve Resolution No. 06 -011, (ZA06 -012) Specific Use Permit to allow a mass gathering for the Kelly Miller Circus subject to the recommendations of the Planning and Zoning Commission. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7E. Ordinance No. 512 -A, 2nd Reading, Amending Ordinance No. 512, which levied assessments for part of the cost of sanitary sewer improvements in Continental Park Estates in the City of Southlake. Director Jackson presented this item to Council. Mayor Wambsganss opened the public hearing. The following residents spoke in opposition to this item: Laurence Samartin, 1211 Timber Court, Southlake, Texas; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006 Page 6 of 11 Alan M. Murawski, 1206 Oakhurst Court, Southlake, Texas; and, Joy Baker. After discussion, City Council agreed to table this item until their next meeting. Motion was made to table this item to the March 7, 2006, City Council meeting. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Mayor Wambsganss stated he has voluntarily completed a conflict of interest affidavit on Item 8A and will not be participating in the deliberation. Mayor Wambsganss called for a break at 9:59 p.m. Mayor Pro Tern Shankland reconvened the meeting back to order at 10:16 p.m. Agenda Item No. 8A. Ordinance No. 480 -478, 1 st Reading ,(ZA05 -127) Zoning Change for proposed Bella Lago, being approximately 11.25 acres located at 2970 Burney Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood 93. City Attorney Sralla advised that six affirmative votes are needed for approval of this item. Chief Planner Killough presented this item to Council. Applicant Errol Housmans made a presentation to Council. Mayor Pro Tern Shankland read the names of those that filled out comment cards in opposition to this item but did not wish to speak: Hans Schroen, 2895 Burney Lane, Southlake, Texas; Terry Sauder, 1090 Harbor Haven, Southlake, Texas; Barbara Fischbach, 2940 Burney Lane, Southlake, Texas; Bernard Fischbach, 2940 Burney Lane, Southlake, Texas; Jack Fredricks, 2960 Burney Lane, Southlake, Texas; Terri Gillespie, 1105 Harbor Retreat Street, Southlake, Texas; Korey Gillespie, 1105 Harbor Retreat Street, Southlake, Texas; John Monrad, 2905 Burney Lane, Southlake, Texas; Mary O'Connor, 2965 Burney Lane, Southlake, Texas; Sam Smith, 3030 Briar Lane, Southlake, Texas; Don Smith, 3030 Briar Lane, Southlake, Texas; Sam Flora, 880 Harbor Court, Southlake, Texas; Diedra Flora, 880 Harbor Court, Southlake, Texas; Tina Johnson, 1110 Harbor Retreat, Southlake, Texas; Kathleene Stevenson, 1115 Harbor Retreat, Southlake, Texas; Rod Stevenson, 1115 Harbor Retreat, Southlake, Texas; Paul Stevenson, 1115 Harbor Retreat, Southlake, Texas; Jeanenne Perritte, 2814 Tyler Street, Southlake, Texas; Alice Miller, 3540 Burney Lane, Southlake, Texas; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006 Page 7 of 11 Lynn Warren, 900 Harbor Court, Southlake, Texas; Mikel Warren, 900 Harbor Court, Southlake, Texas; Jamie Galis, 885 Harbor Court, Southlake, Texas; Briteann Hultgren, 529 Round Hollow Lane, Southlake, Texas; Dinah Chancellor, 890 Harbor Court, Southlake, Texas; Kellis Eastwood, 3530 Carmel Court, Southlake, Texas; William S. Eastwood, 3530 Carmel Court, Southlake, Texas; Jim Galis, 885 Harbor Court, Southlake, Texas; Ken Land, 2900 Burney Lane, Southlake, Texas; Bill Cook, 895 Harbor Court, Southlake, Texas; Lynda Stewart, 2920 Burney Lane, Southlake, Texas; Richard Schultz, 2719 York Court, Southlake, Texas; Sue Schultz, 2719 York Court, Southlake, Texas; Bea Wilson, 2930 Burney Lane, Southlake, Texas; Dani McArthur, 1095 Harbor Retreat, Southlake, Texas; Nancy McArthur, 1095 Harbor Retreat, Southlake, Texas; Joann Bula, 1000 Brazos Drive, Southlake, Texas; Allan Hultin, 1075 Harbor Haven, Southlake, Texas; Rose Fredricks, 2960 Burney Lane, Southlake, Texas; Len Leclet, 870 Harbor Court, Southlake, Texas; Sean C. Roberts, 2920 Harbor Refuge, Southlake, Texas; Kathy F. Roberts, 2920 Harbor Refuge, Southlake, Texas; Eric Grass, 2915 Ridgecrest Drive, Southlake, Texas; Alisa Grass, 2915 Ridgecrest Drive, Southlake, Texas; Gary Hargett, 1111 South White Chapel Boulevard, Southlake, Texas; Steve Curtis, 3580 Burney Lane, Southlake, Texas; Cathy Curtis, 3580 Burney Lane, Southlake, Texas; and, David Alexander, 904 Quail Creek Court, Southlake, Texas. The following people spoke in opposition to this item: Tommy McFall, 860 Harbor Court, Southlake, Texas; Robert Johnson, 1110 Harbor Retreat, Southlake, Texas; Ward Flora, 880 Harbor Court, Southlake, Texas; John Wilson, 2930 Burney Lane, Southlake, Texas; Alethea Schroen, 2895 Burney Lane, Southlake, Texas; Ray Chancellor, 890 Harbor Court, Southlake, Texas; Kathy Rogers, 3580 Burney Lane, Southlake, Texas; and, Emily Galpin, 1481 Post Oak Trail, Southlake, Texas. The applicant's attorney, Robert Miklos, from Hughes and Luce, 1717 Main Street, Suite 2800, Dallas, Texas, addressed City Council regarding this SF -IA zoning request. Mayor Pro Tern Shankland announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006 Page 8 of 11 regarding economic development negotiations. City Council adjourned for Executive Session at 12:15 a.m. Executive Session began at 12:15 a.m. and ended at 12:30 a.m. Mayor Pro Tern Shankland reconvened the meeting at 12:32 a.m. Motion was made to deny Ordinance No. 480 -478, 1 st Reading, (ZA05 -127) Zoning Change for proposed Bella Lago. Motion: Terrell Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell Nays: None Vote: 6 -0 (to deny) Mayor Pro Tern Shankland called for a break at 12:33 a.m. Mayor Wambsganss reconvened the meeting at 12:38 a.m. Agenda Item No. 8B. Ordinance No. 480 -479, 1 st Reading,_(ZA05 -154) Zoning Change and Concept Plan for proposed Hawthorne Place, on approximately 10 acres located along the east side of Randol Mill Avenue approximately 1,200 feet north of Johnson Road, being legally described as Tracts IE, 1E01, 1D01, and a portion of Tract 1D02, Ben J. Foster Survey, Abstract No. 519. Current Zoning: AG Agricultural District. Requested Zoning: SF -20A Single Family Residential District. SPIN Neighborhood #13. Chief Planner Killough presented this item to Council. Applicant Paul Spain presented this item to Council and answered their questions relating to Land Use Plan designation, retention/detention pond, density, and lot configuration. Councilmember Terrell stated that due to the following extenuating circumstances: medium density located on the east and south sides of the property, the commercially -zoned property on the northwest corner and the industrial property in the vicinity, and the fact this property fronts Randol Mill and will be dedicating property for its expansion, he made the following motion: Motion was made to approve Ordinance No. 480 -479, 1 st Reading, (ZA05 -154) Zoning Change and Concept Plan for proposed Hawthorne Place, subject to the recommendations of the Planning and Zoning Commission and subject to Concept Plan Review Summary No. 3, dated February 3, 2006, and noting the applicant's commitment to deliver entry feature renditions on second reading and noting the pond will be both retention/detention. Motion: Terrell Second: Shankland Ayes: Muzyka, Shankland, Terrell, Wambsganss Nays: Hill, Jones, Morris Approved: 4 -3 Auenda Item No. 8C. Ordinance No. 480 -480. 1 st Reading_ (ZA05 -068) Zoning Chance and Concept Plan for Carroll Crossroads, on property described as being a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899; located at the southwest corner of East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SP-2 Generalized Site Plan District. SPIN Neighborhood 99e. Chief Planner Killough presented this UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006 Page 9 of 11 item to Council. Applicants Jimmy Schnurr and Steve Gregory of Hopkins Commercial made a presentation to Council. Council asked questions and discussed topography, fencing, Land Use Plan designation, access, and allowed uses. Mayor Wambsganss allowed time for the following speaker: Marcell Bosworth, 620 S. Kimball, Southlake, Texas, stated that he is representing the adjacent landowner, Chauncey Prade, and spoke in opposition to this request. Motion was made to approve Ordinance No. 480 -480, 1 st Reading, (ZA05 -068) Zoning Change and Concept Plan for Carroll Crossroads subject to the recommendations of the Planning and Zoning Commission; subject to Concept Plan Review Summary No. 4, dated February 3, 2006; noting the applicant has agreed to 100% office on the southern parcel and will integrate design of the southern parcel with the northern parcel; noting the applicant has agreed to a five foot tall stone and wrought iron combination fence along the eastern boundary; requiring new elevations of the southern parcel by second reading; noting the city is not guaranteeing left -hand turn access on F.M. 1709 and stating it could be a median in the future; the center landscaped areas will have a stone retaining wall; noting the applicant has done a good job in coordinating access between other parcels in the area and has set a standard for those future developments; deleting the dry cleaner use; and noting the applicant's agreement to join 50 -50 with the developer of the property east of this development to de- construct any barriers that are erected by this development in order to facilitate the cross access between the two developments. Motion: Terrell Second: Jones Ayes: Hill, Jones, Muzyka, Terrell, Wambsganss Nays: Morris, Shankland Approved: 5 -2 Agenda Item No. 10A. Consider SP06 -031, Variance to Sign Ordinance No. 704 -B for Stampede Sports Arena located at 250 Players Circle. Chief Planner Killough presented this item to Council. Applicant Rick Byrd, 112 Wycklane Court, Southlake, Texas, answered Council's questions. Council discussed this item. Motion was made to approve SP06 -031, Variance to Sign Ordinance No. 704 -B for Stampede Sports Arena located at 250 Players Circle, deleting the Nike logo and granting all other variances. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006 Page 10 of 11 Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 2:43 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor ATTEST: Lori A. Farwell, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006 Page 11 of 11