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Item 5A CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 6, 2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Mayor Pro Tem Keith Shankland, Deputy Mayor Pro Tem 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, Office Manager/Public Information Officer Kim Bush, Manager of Technical Services Gary Gregg, Audio Visual System Technician Pam Jordan, Library Administrator Kerry McGeath, Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Manager of Court and Utility Billing Sean Leonard, 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, Construction Manager Clayton Redinger, City Attorney Betsy Elam, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:40 p.m. City Council reviewed the agenda items with city staff and applicants. The following items were added to the consent agenda: 7A to table to the January 3, 2006, City Council meeting; 9A; 10A; 10B; and 10C. The work session ended at 6:42 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:42 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; Section 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:42 p.m. Executive Session began at 6:58 p.m. and ended at 7:40 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:56 p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session. Motion was made to authorize a letter of commitment stating that if the developer elects to purchase the property and proceed with development, the City will not require the developer to UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005 Page 1 of 10 bear the cost of burying utilities or enclosing existing drainage ways on the property, except for those specific drainage facilities and improvements shown on the proposed site plan, specifically, a covered drainage channel underneath the driveway access to the property from the street. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 3. Invocation. The invocation was given by David Whitington from Christ Our King Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 4B. City Manager’s Report. City Manager Yelverton announced the City of Southlake has once again received a Certificate of Achievement for Excellence in Financial Reporting. She thanked Director Jackson and the Finance Department for their excellent work. Agenda Item No. 4C. Local Business Report. Director Last introduced Joe Brancaccio, manager of Michael Anthony’s Restaurant, who presented information on his new 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 November 15, 2005, regular City Council meeting. Approved as presented. Agenda Item No. 5B. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. Mayor Pro Tem Shankland was absent from the November 15, 2005 City Council meeting. Commissioners Vernon Stansell and Robert Hudson were absent from the November 17, 2005 Planning and Zoning Commission meeting. Agenda Item No. 5C. Consider canceling the December 20, 2005 regular City Council meeting. Council agreed to cancel the December 20, 2005 meeting. Agenda Item No. 5D. Resolution No. 05-066, Appoint a member to the Library Board. Council agreed to appoint Barbara Jeppe to the Library Board. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE APPOINTMENT OF A MEMBER TO SERVE ON THE LIBRARY BOARD AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 5E. Resolution No. 05-067, Appoint members to the Public Art Advisory Committee. Council agreed to appoint all existing members (Terri Messing, Susan Bruning, UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005 Page 2 of 10 Jeane Alexander, Michael Wilson, and Phillip Kravetz) and Mayor Pro Tem Shankland and Deputy Mayor Pro Tem Morris. Mayor Wambsganss asked staff to revise the ordinance creating the Public Art Advisory Committee to allow the appointment of more members. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE PUBLIC ART ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 5F. Resolution No. 05-074, Appoint members to the Log Cabin Committee. Council agreed to appoint Carlie Stephenson, F.C. LeVrier, Craig Rothmeier, Dr. Ray Chancellor, Jason Kasal, Greg Standerfer, C.D. Peebles, and from the Southlake Historical Society, Lou Ann Heath and Connie Cooley. Councilmembers Muzyka and Hill were also appointed to the committee and will serve as chairs. The Parks and Recreation Board will also appoint two representatives at a future meeting. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE LOG CABIN COMMITTEE: AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 5G. Approve matching funds request from Boo-Boo’s Buddies in the amount of $8,500 for Dog Park improvements. Director Polasek presented this item to Council during the work session. Agenda Item No. 5H. Approve Change Order No. 3 in the amount of $46,159.50 with Reynolds Asphalt for trail construction on Continental Boulevard. No presentation was made on this item. Agenda Item No. 5I. Resolution No. 05-072, abandoning and quit claiming an ingress/egress easement in a portion of the A.H. Chivers Survey, Abstract No. 299, being the most westerly 718.83 feet of Primrose Lane, save and except an easement for a water line. No presentation was made on this item. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION VACATING AND ABANDONING INGRESS/EGRESS EASEMENT IN A PORTION OF A.H. CHIVERS SURVEY #299, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID INGRESS/EGRESS EASEMENT AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 5J. Authorize the Mayor to execute a residential developer’s agreement for Kimball Hills, a 19-lot addition located on the west side of South Kimball Avenue, north of Crooked Lane. No presentation was made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005 Page 3 of 10 Agenda Item No. 5K. Authorize the Mayor to execute a partial 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 answered Council’s questions during the work session. st Agenda Item No. 5L. Ordinance No. 480-231c, 1 Reading (ZA05-125), Zoning Change and Site Plan for Medical Air Services on property located at 1250 West Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #13. Chief Planner Killough presented this item to Council during the work session. st Agenda Item No. 5M. Ordinance No. 480-FFF, 1 Reading, an Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the Employment Center Zoning District, new Section 49. Director Baker presented this item to Council during the work session. Agenda Item No. 5N. Resolution No. 05-062 (ZA05-123) Specific Use Permit to allow a kennel – Dirty Dawgz Enterprises located at 2155 West Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. This item is requested to be tabled until the January 3, 2006 City Council meeting. Agenda Item No. 5O. Resolution No. 05-071 (ZA05-131) Specific Use Permit to allow sales from kiosks on property located in the Grand Avenue District of Southlake Town Square; described as Lots 4 and 5, Block 13, Southlake Town Square. Current Zoning: DT Downtown District. SPIN Neighborhood #8. This item is requested to be tabled until the January 17, 2006 City Council meeting. Agenda Item No. 5P. Resolution No. 05-057, Authorize the City Manager to enter into an agreement with Kenneth P. Horne and Associates to establish a Section 529 College Investment Plan. No presentation was made on this item. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH KENNETH P. HORNE & ASSOCIATES TO ESTABLISH A SECTION 529 COLLEGE SAVINGS PLAN. Agenda Item No. 5Q. Resolution No. 05-073, Authorize the City Manager to enter into an agreement with Public Agency Retirement System (PARS) to establish a Section 457 FICA Alternative Retirement Plan for part-time, seasonal and temporary employees. No presentation was made on this item. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING A SECTION 457 FICA ALTERNATIVE RETIREMENT PLAN. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005 Page 4 of 10 nd Agenda Item No. 7A. Ordinance No. 480-471, 2 Reading (ZA05-108), Zoning Change and Site Plan for Lots 2 and 3, Block A, Commerce Business Park; being approximately 4.24 acres located at 275 through 325 Commerce Street. Current Zoning: I-1 Light Industrial District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. This item is requested to be tabled until the January 3, 2006 City Council meeting. Agenda Item No. 9A. Resolution No. 05-075, Authorize Notice of Intent to issue Certificates of Obligation, Series 2006. Director Jackson presented this item to Council during the work session. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR STREET AND DRAINAGE IMPROVEMENTS. Agenda Item No. 10A. Approve Town Square park plans and construction budgets for "Plaza" and "State Street" parks and park plans for "Summit Park." Director Polasek presented this item to Council during the work session. Brian Stebbins of Cooper & Stebbins answered Council’s questions. Agenda Item No. 10B. Consider SP05-306, Variance to Sign Ordinance No. 704-B for Gateway Church located at 2121 East Southlake Boulevard. Chief Planner Killough presented this item to Council during the work session. Applicant Yuri Starr, Pastor at Gateway Church, 2121 East Southlake Boulevard, Southlake, Texas, answered Council’s questions. Pastor Starr agreed to limit his sign to 24’ X 8’ from January 1 through 18. Agenda Item No. 10C. Consider SP05-298, Variance to Sign Ordinance No. 704-B for Citibank located at 535 East Southlake Boulevard. Chief Planner Killough presented this item to Council during the work session. Applicant Joe Chapman of Chandler Signs answered Council’s questions. Mr. Chapman agreed to a maximum of 26 inch letters on the front of the building and 18 inch letters on the side. Motion was made to approve consent agenda items 5A; 5B to excuse the absences of Mayor Pro Tem Shankland from the November 15, 2005 City Council meeting and Commissioners Vernon Stansell and Robert Hudson from the November 17, 2005 Planning and Zoning Commission meeting; 5C to cancel the December 20, 2005 City Council meeting; 5D to appoint Barbara Jeppe to the Library Board; 5E to appoint Terri Messing, Susan Bruning, Jeane Alexander, Michael Wilson, Phillip Kravetz, Mayor Pro Tem Shankland, and Deputy Mayor Pro Tem Morris to the Public Art Advisory Committee; 5F to appoint Carlie Stephenson, F.C. LeVrier, Craig Rothmeier, Dr. Ray Chancellor, Jason Kasal, Greg Standerfer, C.D. Peebles, Southlake Historical Society members Lou Ann Heath and Connie Cooley, and Councilmembers Muzyka and Hill to the Log Cabin Committee; 5G; 5H; 5I; 5J; 5K with the following clarifications to the partial developer’s agreement and subject to final approval by the city attorney: 1) statement that the ordinance requires a signed developer’s agreement prior to the issuance of a building permit, 2) all required terms of the developer’s agreement have not been fully negotiated and agreed upon, 3) to accommodate the developer, the city will agree to a partial developer’s agreement addressing only initial requirements, and 4) clearly state what construction will be permitted UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005 Page 5 of 10 prior to execution of complete developer’s agreement, and prohibit anything further until the complete agreement has been finalized; 5L; 5M; 5N to table to the January 3, 2006, City Council meeting; 5O to table to the January 17, 2006 City Council meeting; 5P; 5Q; 7A to table to the January 3, 2006 City Council meeting; 9A; 10A to include sidewalks on the west side of Summit Park up to the driveway entrance and to exclude consideration of the trees along SH114 at this time and bringing that portion back to City Council on January 3, 2006; 10B to approve a 24’ X 8’ banner for a time period not to exceed 19 days; and 10C to allow a maximum of 26-inch letters on the F.M. 1709 side and 18-inch letters on the Byron Nelson Parkway side. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 6. Public Forum. No one spoke during Public Forum. Agenda Item No. 7B. Resolution No. 05-069 (ZA05-100) Specific Use Permit for a telecommunications antenna on property located at 500 North Kimball Avenue. Current Zoning: I-1 PUD Light Industrial Planned Unit Development District. SPIN Neighborhood #6. Chief Planner Killough presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: 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 A PORTION OF TRACT 3A1A, SITUATED IN THE T. MAHAN SURVEY, ABSTRACT NO. 1049, 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. No one spoke during the public hearing. Motion was made to approve Resolution No. 05-069 (ZA05-100) Specific Use Permit for a telecommunications antenna on property located at 500 North Kimball Avenue subject to the recommendations of the Planning and Zoning Commission and Site Plan Review Summary No. 1, dated October 28, 2005, and subject to the changes presented to Council. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005 Page 6 of 10 Agenda Item No. 7C. ZA05-094, Site Plan for Lot 8, Players Circle Addition, located on the south side of West Southlake Boulevard at the intersection of West Southlake Boulevard and Meadowlark Lane. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #16. Chief Planner Killough presented this item to Council. Applicant F.C. LeVrier of Suncoast Architects, 1725 East Southlake Boulevard, Southlake, Texas, answered Council’s questions. No one spoke during the public hearing. Motion was made to approve ZA05-094, Site Plan for Lot 8, Players Circle Addition, subject to the recommendations of the Planning and Zoning Commission specifically granting the variance on the pitched roof and subject to Site Plan Review Summary No. 3, dated November 17, 2005. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7D. ZA05-126, Site Plan for Lot 9, Players Circle Addition – Pavilion Two; located at 1953 West Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #16. Chief Planner Killough presented this item to Council. Architect F.C. LeVrier of Suncoast Architects, 1725 East Southlake Boulevard, Southlake, Texas, answered Council’s questions. Applicant Philip Bressink, 200 Swallow Drive, Southlake, Texas, discussed the landscaping with Council. Council continued their discussion regarding the landscaping. No one spoke during the public hearing. Motion was made to approve ZA05-126, Site Plan for Lot 9, Players Circle Addition – Pavilion Two subject to the recommendations of the Planning and Zoning Commission, subject to Site Plan Review Summary No. 3, dated November 7, 2005; and further making the approval subject to a later approval of the landscape plan prior to issuance of certificate of occupancy. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss called for a break at 9:11 p.m. Mayor Wambsganss reconvened the meeting at 9:26 p.m. nd Agenda Item No. 7E. Ordinance No. 480-473, 2 Reading (ZA05-121), Zoning Change for proposed Villas Del Sol; being approximately 10.82 acres located at the northwest corner of East Highland and Sunshine Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF- 1A Single Family Residential District. SPIN Neighborhood #5. Chief Planner Killough presented this item to Council in conjunction with item 7F. Applicant Wally Creel, Holligan Land Development, 15950 North Dallas Parkway, Dallas, Texas, made a presentation to Council. Engineer Rob Adams from Adams Engineering, 500 Nolan Drive, Southlake, Texas answered UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005 Page 7 of 10 Council’s questions. In accordance with Section 4.21 of the City Charter, the caption for this term 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 3A1A1, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511, BEING APPROXIMATELY 10.82 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-1A” 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 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. Council discussed this item. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 480-473, 2 Reading (ZA05-121), Zoning Change for proposed Villas Del Sol subject to the recommendations of the Planning and Zoning Commission; requiring the builder of each lot to provide four trees per lot with two trees in front and two trees in back of a minimum of four-inch caliper; masonry columns on perimeter fencing to be a maximum of 30 feet apart; HOA maintenance of detention areas; will limit exterior fencing to wrought iron and allowing no wood fencing within the development; and requiring 20 trees along Sunshine Lane and 12 trees along Highland Avenue to be a minimum of three-inch caliper. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7F. ZA05-122, Preliminary Plat for Villas Del Sol; being approximately 10.82 acres located at the northwest corner of East Highland and Sunshine Lane. Current Zoning: AG Agricultural District. Proposed Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #5. Chief Planner Killough presented this item to Council in conjunction with item 7E. Motion was made to approve ZA05-122, Preliminary Plat for Villas Del Sol subject to Plat Review Summary No. 2, dated October 28, 2005. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005 Page 8 of 10 Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7G. ZA05-098, Revised Concept Plan for CISD No. 4 Addition, Dawson Middle School located at 400 South Kimball Avenue. Current Zoning: CS Community Service District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. Applicants Harry Ingalls and David Allison from Carroll Independent School District made a brief presentation to Council. No one spoke during the public hearing. Motion was made to approve ZA05-098, Revised Concept Plan for CISD No. 4 Addition, Dawson Middle School subject to Concept Plan Review Summary No. 1, dated November 11, 2005. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 st Agenda Item No. 8A. Ordinance No. 480-472, 1 Reading (ZA05-118), Zoning Change for proposed Maranatha Estates; being approximately 4.7 acres located at 1710 Maranatha Way. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #12. Chief Planner Killough presented this item to Council. Applicant Paul Spain, 395 West Northwest Parkway, Suite 300, Southlake, Texas, made a presentation and answered Council’s questions. st Motion was made to approve Ordinance No. 480-472, 1 Reading (ZA05-118), Zoning Change for proposed Maranatha Estates accepting applicant’s willingness to repair any damage to Maranatha Way due to construction and will prohibit wood fencing and specifically granting the variance requested to leave Maranatha Way as a private street. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 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; Section 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 10:27 p.m. Executive Session began at 10:34 p.m. and ended at 11:05 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 6, 2005 Page 9 of 10 Mayor Wambsganss reconvened the regular meeting at 11:05 p.m. Motion was made to authorize the Mayor to execute a contract with the City Manager allowing for a 3% increase in salary to $139,050.00 plus the additional benefits as discussed in executive session to be effective January 1, 2006. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Motion was made to authorize the Mayor to execute a contract with the City Secretary allowing for a 3% increase in salary to $74,226.95 as discussed in executive session to be effective January 1, 2006. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 11:06 p.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, DECEMBER 6, 2005 Page 10 of 10