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2006-02-07 CITY OF SOUTHLAKE OffICIAL RECORD REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 7. 2006 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: Mayor Pro Tern Keith Shankland. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Office Manager/Public Information Officer Kim Bush, Manager of Technical Services Gary Gregg, Information Systems Technician Sam Cobb, Director of Community Services Steve Polasek, 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, Director of Public Safety Rick Smith, Chief of Police Services Wade Goolsby, Interim Director of Public Works Charlie Thomas, Public Works Operations Manager Chuck Kendrick, Construction Manager Clayton Redinger, City Attorney E. Allen Taylor, 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 8A was added to the consent agenda. The work session ended at 6:00 p.m. REGULAR SESSION: Agenda Item No.1. Call to order. The regular seSSIOn was called to order by Mayor Wambsganss at 6:00 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 6:00 p.m. Executive Session began at 6:18 p.m. and ended at 6:58 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:07 p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session. Motion was made to authorize the Mayor to settle in the matter of R.E. and Marilyn Smith vs. City of Southlake as discussed in executive session. Motion: Jones Second: Terrell REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006 Page 1 of 12 Ayes: Nays: Approved: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss None 6-0 Agenda Item No.3. Invocation. The invocation was given by Margy Gore from Good Shepherd Catholic 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 to the Carroll Senior High School football team. Mayor Wambsganss presented a proclamation for Carroll Dragon Day to Coach Todd Dodge and team members in recognition of their perfect season and their recent win of the Class 5A Division II State Championship game. Agenda Item No. 4A2. Presentation from Verizon. Barbara Walker with Verizon presented the City of Southlake and the City Council with an award recognizing the City of Southlake as one of their first customers to receive fiber optic cable. Agenda Item No. 4B. City Manager's Report. No report was given. Agenda Item No. 4C. School Board Reports. Dr. David Faltys, Superintendent of Carroll Independent School District, introduced himself and gave a report 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 January 17, 2006, regular City Council meeting. A presentation was not made on this item. Agenda Item No. 5B. Consider excusing members of the City Council for absences from meetings. Mayor Pro Tern Shankland was absent from the January 17, 2006 City Council meeting. Agenda Item No. 5C. Authorize the City Manager to enter into a professional services agreement with Webb Watch for control assessment services. A presentation was not made on this item. Agenda Item No. 5D. Authorize the City Manager to enter into a professional services agreement with Matrix Consulting Group to conduct a management study of the Department of Community Services. A presentation was not made on this item. Agenda Item No. 5E. Appoint Robert H. Price, P.E., as Director of the Department of Public Works. City Manager Yelverton introduced and welcomed Bob Price to Council during the work seSSIOn. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006 Page 2 of 12 Agenda Item No. 5F. Resolution No. 06-010. Approve State Transportation Enhancement Program (STEP) call for proiects. A presentation was not made on this item. Agenda Item No. 5G. Approve a Commercial Developers Agreement for St. John's Missionary Baptist Church. a 10.49-acre tract located on the southwest comer of South Kimball Avenue and Crooked Lane. A presentation was not made on this item. Agenda Item No. 5H. Consider award of bid to North Texas Contracting. Inc.. for the State Highway 114 at Dove Road water line reconstruction and Continental Boulevard water line reconstruction. A presentation was not made on this item. Agenda Item No. 51. Consider award of bid to TruGreen LandCare for State and City right-of- way mowing. A presentation was not made on this item. Agenda Item No. 5J. Approve donation of art work from Dr. Ray Chancellor. A presentation was not made on this item. The Mayor introduced Dr. Chancellor and thanked him for the art work. Agenda Item No. 5K. Resolution No. 06-009. Approve Settlement Agreement with TXU. 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: RESOLUTION ACCEPTING SETTLEMENT WITH TXU ELECTRIC DELIVERY. Agenda Item No. 5L. Ordinance No. 480-477. 1 st Reading. (ZA05-149) Zoning Change for 680 East Dove Road. being legally described as Tract 2B01A. J.L. Chivers Survey. Abstract No. 348. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #3. A presentation was not made on this item. Agenda Item No. 5M. ZA05-145. Revised Site Plan for Southlake Comers - McAlister's Deli located at 100 North Kimball Avenue. at the northwest comer of East Southlake Boulevard and North Kimball Avenue. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. This item was withdrawn by the applicant. Agenda Item No. 5N. Ordinance No. 585-C. 2nd Reading. Tree Preservation Ordinance and Technical Manual. This item was tabled to the March 7, 2006, City Council meeting. Agenda Item No. 50. ZA05-156. Site Plan for the Shops of Southlake - Building A3. located at the southeast comer 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 coni unction with this site plan.) The applicant requested to table this item to the February 21, 2006, City Council meeting. Agenda Item No. 5P. 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 REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006 Page 3 of 12 the southeast comer of East Southlake Boulevard and South Carroll Avenue. This item is tabled to the February 21,2006, City Council meeting. Agenda Item No. 50. Award of bid to Structures and Interiors, Inc., for renovation of existing office space at Southlake Town Hall, 1400 Main Street. Director Baker presented this item to Council during the work session. Agenda Item No. 8A. Ordinance No. 512-A, 1st 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, Texas. Director Jackson presented this item to Council during the work session. Motion was made to approve consent agenda items 5A; 5B; 5C; 5D; 5E; 5F; 5G; 5H; 51; 5J; 5K; 5L; 5M to withdraw; 5N to table to the March 7, 2006, City Council meeting; 50 to table to the February 21, 2006, City Council meeting; 5P to table to the February 21, 2006, City Council meeting; 5Q; and 8A. Motion: Morris Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No.6. Public Forum. No one spoke during Public Forum. Agenda Item No. 7 A. Ordinance No. 480-474, 2nd Reading, (ZA05-091) Zoning Change and Concept Plan for Stonebridge Park Phase II. being approximately 12.27 acres located at 2502 West Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council. Applicant Rian McGuire with Realty Capital Corporation made a presentation to Council and answered their 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 LEGALL Y DESCRIBED AS TRACTS 2E, 2F, 2FI, & 2F2, SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, BEING APPROXIMATELY 12.27 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-2" LOCAL-RETAIL COMMERCIAL DISTRICT USES AND "0-1" OFFICE DISTRICT USES, 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 REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006 Page 4 of 12 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. Paul Tennus, 119 Jellico Circle, Southlake, Texas, spoke in favor ofthis item. Mayor Wambsganss closed the public hearing. Motion was made to approve Ordinance No. 480-474, 2nd Reading, (ZA05-09I) Zoning Change and Concept Plan for Stonebridge Park, Phase II, subject to Concept Plan Review Summary No. 5, dated February 1, 2006; subject to Council's approval at first reading; and requiring the applicant to bring renderings of the wall and the screening along the parking lots with the site plan. Motion: Second: Ayes: Nays: Approved: Terrell Muzyka Hill, Jones, Morris, Muzyka, Terrell, Wambsganss None 6-0 Agenda Item No. 7B. ZA05-I53. Site Plan for Vermilion Court Garden Offices located at 2900 West Southlake Boulevard. Current Zoning: 0-1 Office District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council. Applicant Will Edgington of Cadence Custom Homes, 502 North Carroll Avenue, Southlake, Texas, made a presentation and answered Council's questions. No one spoke during the public hearing. Motion was made to approve ZA05-I53, Site Plan for Vermilion Court Garden Offices subject to Site Plan Review Summary No.2, dated January 13, 2006; subject to the recommendations of the Planning and Zoning Commission; and subject to the applicant's agreement to continue the shrubbery in front of the five parking spaces located at the southeast comer of the site. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7C. Resolution No. 06-008 (ZA05-I59) Specific Use Permit renewing the worship facility use for St. John's Missionary Baptist Church located at 2805 Market Loop. Suite 300. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. Chief Planner REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006 Page 5 of 12 Killough presented this item to Council. The applicant was present but did not speak. In accordance with Section 4.21 ofthe 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 CHURCHES, SYNAGOGUES, TEMPLES AND OTHER SIMILAR FACILITIES FOR WORSHIP, FELLOWSHIP AND EDUCATION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK C, COMMERCE BUSINESS PARK, 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. 06-008 (ZA05-159) Specific Use Permit renewing the worship facility use for S1. John's Missionary Baptist Church subject to the recommendations of the Planning and Zoning Commission and subject to Concept Plan Review Summary No.1, dated January 13, 2006. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7D. Resolution No. 05-071 (ZA05-130 Specific Use Permit to allow sales from kiosks on property located in the Grand Avenue District. Southlake Town Square; described as Lots 4 and 5. Block 13. Southlake Town Square. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. Applicants Brian Stebbins and Frank Bliss of Cooper and Stebbins 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 THE SALES FROM KIOSKS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 2, BLOCK 3R1 AND LOT 3, BLOCK 4R, SOUTHLAKE TOWN SQUARE, PHASE I AND ON A PORTION OF TRACTS 2A5 AND 3, SITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NO. 481, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN A TT ACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006 Page 6 of 12 Motion was made to approve Resolution No. 05-071 (ZA05-131) Specific Use Permit to allow sales from kiosks on property located in the Grand Avenue District, Southlake Town Square, subject to the recommendations of the Planning and Zoning Commission; subject to Specific Use Permit Review No.1, dated October 28,2005; requiring all of the kiosks to be the same color of a deep rich grey; requiring the kiosks to be subject to and to be maintained consistent with the current Town Square practices and standards with respect to cleanliness, signage, and marketing of their wares; requiring that no storage be publicly displayed in the kiosks aside from the items displayed for sale; requiring that no items will be for sale outside the kiosks; requiring that no fruit and vegetables be sold in the kiosks; stating that the kiosks will be manufactured in Italy and put up by two Italian guys; and accepting the Specific Use Permit regulations as presented by the applicant. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7E. ZA06-004. Plat Revision for proposed Blocks 3R2. 4Rl. 12-14. 17 and 18. Southlake Town Square: being a revision of Lot 3. Block 4R and Lot 2. Block 3Rl. Southlake Town Square. Phase I and being portion of land in the Richard Eads Survey. Abstract No. 481. The property is bounded by State Highway 114 on the north side and Southlake Town Square. Phase One. on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. Applicants Brian Stebbins and Frank Bliss of Cooper and Stebbins made a presentation and answered Council's questions. Motion was made to approve ZA06-004, Plat Revision for proposed Blocks 3R2, 4Rl, 12-14, 17 and 18, Southlake Town Square subject to Plat Review Summary No.1, dated January 13, 2006, and subject to the recommendations of the Planning and Zoning Commission. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7F. Consider SP06-055. Variance to Sign Ordinance No. 704-B for Southlake Town Square. Chief Planner Killough presented this item to Council. Applicant Brian Stebbins of Cooper and Stebbins was present to answer Council's questions. Motion was made to approve SP06-055, Variance to Sign Ordinance No. 704-B for Southlake Town Square as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006 Page 7 of 12 Agenda Item No. 7G. Consider SP06-056. Variance to Sign Ordinance No. 704-B for Southlake Town Square. located at the northeast comer of East Southlake Boulevard and North Carroll Avenue. Chief Planner Killough presented this item to Council. Applicant Brian Stebbins of Cooper and Stebbins was present to answer Council's questions. Motion was made to approve SP06-056, Variance to Sign Ordinance No. 704-B for Southlake Town Square as presented. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7H. Consider landscape plan for Southlake Town Square Grand Avenue District. State Highway 114 frontage. Chief Planner Killough presented this item to Council. Applicant Brian Stebbins of Cooper and Stebbins made a short presentation and answered Council's questions Motion was made to approve the landscape plan for Southlake Town Square Grand Avenue District, State Highway 114 frontage as presented. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 71. Consider amending the Brownstones at Town Square. Phase I. Commercial Developer Agreement. Director Polasek presented this item to Council. Applicants Brian Stebbins and Frank Bliss of Cooper and Stebbins answered Council's questions. Council discussed the phasing proposal for the Brownstones. Motion was made to authorize the Mayor to execute an amendment to the Brownstones at Town Square, Phase I Commercial Developer's Agreement prepared by the city attorney subject to the following: allowing the developer two phases of this portion of the project relating to Summit and Main Streets in that Phase I would consist of Summit and Phase II would consist of Main Street beginning from the comer of Summit and Main; requiring that each phase would be completed based upon and allowing for Certificates of Occupancy on those brownstones when all of the public works on each phase has been completed, including the street trees and irrigation, to the satisfaction of and approval of the Director of Public Works; excluding the park from this requirement; making the developer responsible for any damage to the streets by construction vehicles, tree placement or moving vans, and Cooper and Stebbins will repair any damage in a timely manner subject to the approval of the Director of Public Works; requiring the developer to continue to utilize the same vigorous efforts to screen the construction of these two phases so that Main Street is screened by same means and standards that the developer has maintained throughout the project while the second phase is being constructed and after the first REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006 Page 8 of 12 phase has received its Certificates of Occupancy; and stating that the tree mitigation time line of 180 days begins upon the issuance of the first Certificate of Occupancy. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 The Mayor called for a break at 10:03 p.m. The Mayor reconvened the meeting at 10: 13 p.m. Agenda Item No. lOA. Consider SP06-081, Conditional Sign Permit per Ordinance No. 704-B for Shops of Southlake, located at the southeast comer of East Southlake Boulevard and South Carroll Avenue. Chief Planner Killough presented this item to the Council. Applicant David Palmer ofCencor Realty made a presentation and answered Council's questions. Council discussed this item. Motion was made to approve SP06-081, Conditional Sign Permit per Ordinance No. 704-B for Shops of Southlake, based on the presentation and design as presented this evening, requiring sign #1 to have a maximum of four panels per side (not including the Central Market name) with the background behind the lettering to be the same coloring and requiring the same coloring for the lettering; requiring the sign to be consistent with the colors and materials shown; allowing no logos on the sign other than the name of the retailer; requiring the sign to have reverse channel, backlit lettering; requiring the same tenant listing on all four panels on all three sides; requiring Council's reconsideration of the sign if the building design changes to something other than a restaurant with a fireplace; accepting the applicant's statement that due to the coloring of the brick, the lettering will probably be an annotized aluminum with backlit white; and requiring sign #2 to also have reverse channel, backlit lettering and be a maximum height of 10 feet but maintaining the three foot stone base. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. lOB. Consider final design and cost for the public park proposed within the Shops of Southlake development. Director Last introduced items lOB, 10C, and 10D. Director Polasek presented Item lOB to Council and answered questions. Motion was made to approve the final design and cost for the public park proposed within the Shops of Southlake development as presented. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006 Page 9 of 12 Councilmember Terrell stated that if staff finds we have additional funds resulting from our tax exempt status, the six columns that were removed should be added back into the park. Agenda Item No. 10C. Resolution No. 06-003. Approving the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the City and approving the form of certain declarations and restrictive covenants affecting property the City anticipates accepting as a public park; authorizing the Mayor to execute an agreement with CarrolV1709. LTD.. a Texas limited partnership. by CarrolV1709 One. L.C. a Texas limited liability company. its General Partner. for such purposes; and providing an effective date. Director Last presented this item along with the introduction of items lOB and 10D. In accordance with Section 4.21 ofthe City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY AND APPROVING THE FORM OF CERTAIN DECLARATIONS AND RESTRICTIVE COVENANTS AFFECTING PROPERTY THE CITY ANTICIPATES ACCEPTING AS A PUBLIC PARK; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CARROLL/I 709, LTD., A TEXAS LIMITED PARTNERSHIP, BY CARROLL/l709 ONE, L.C., A TEXAS LIMITED LIABILITY COMPANY, ITS GENERAL PARTNER FOR SUCH PURPOSES; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 06-003, Approving the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the City and approving the form of certain declarations and restrictive covenants affecting property the City anticipates accepting as a public park; authorizing the Mayor to execute an agreement with CarrolV1709, LTD., a Texas limited partnership, by CarrolV1709 One, L.C. a Texas limited liability company, its General Partner, for such purposes; and providing an effective date, as presented. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. lOD. Consider executing a Revised Commercial Developer's Agreement for Shops of Southlake. a 29.3-acre development at the southeast corner of East Southlake Boulevard and South Carroll Avenue. Interim Director Thomas presented this item to Council and answered questions. Motion was made to approve a Revised Commercial Developer's Agreement for Shops of Southlake, a 29.3-acre development at the southeast corner of East Southlake Boulevard and South Carroll Avenue, as presented. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006 Page 10 of 12 Nays: None Approved: 6-0 Agenda Item No. 10E. Consider SP05-329, Variance to Sign Ordinance No. 704-B for Aventerra, located at 500 West State Highway 114 and 100 East State Highway 114. Chief Planner Killough presented this item to Council and answered questions. Applicants Jacque Forshser and Bobby Knight of Cartwright Signs, 3605 Security Street, Garland, Texas, answered Council's questions. Motion was made to approve SP05-329, Variance to Sign Ordinance No. 704-B for Aventerra, located at 500 West State Highway 114 and 100 East State Highway 114, setting the approval to expire in six months and requesting the applicant to bring back existing signs for consideration within six months. Motion: Terrell Second: Muzyka Ayes: Jones, Morris, Muzyka, Terrell, Wambsganss Nays: Hill Approved: 5-1 Agenda Item No. 10F. Consider SP05-384, Variance to Sign Ordinance No. 704-B for Shoe Pavilion, located at 2727 East Southlake Boulevard. Chief Planner Killough presented this item to Council and answered questions. Applicant Terry Long answered Council's questions. Chief Operating Officer Bob Hall discussed this item with Council. Council discussed this item. Motion was made to approve SP05-384, Variance to Sign Ordinance No. 704-B for Shoe Pavilion, located at 2727 East Southlake Boulevard, with an overall reduction in size of 15%. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. lOG. Consider SP06-037, Variance to Sign Ordinance No. 704-B for Capital One, located at 1110 East Southlake Boulevard. Chief Planner Killough presented this item to Council and answered questions. Applicant Jim Hagle, 3201 Manor Way, Dallas, Texas, answered Council's questions. Council discussed this item. Motion was made to approve SP06-037, Variance to Sign Ordinance No. 704-B for Capital One, located at 1110 East Southlake Boulevard, as requested contingent upon the removal of the two interior backlit signs behind the glass. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006 Page 11 of 12 Agenda Item No. 12. Meeting adioumed. Mayor Wambsganss adjourned the meeting at 12:37 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. A TTE~} iJ\OA.A - fJ ~ Lori A. Farwell, TRMC City Secretary ~ -~ --I!-~--- Andy bsganss Mayor """""""," ...." OUTH~'" ...' f'., ...' !< ~ ........ ." $ 0 ..eG ... # '\ =~.. -' \~~ - . * .~.. :1-: " · : :0: ! :: ; \ .:",E ~ e.. .._ $ -:,. e. .. ~ '., ........ ~ "', ...' "'" *** "".... I',.......'" REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 7, 2006 Page 12 of 12