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2007-09-18 CITY OF SOUTHLAKEI'MD REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 18, 2007 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris, Deputy Mayor Pro Tern Virginia M. Muzyka (arrived at 6:05 p.m.), and Councilmembers Laura K. Hill, Gregory Jones, Vernon Stansell and John Terrell (arrived at 5:55 p.m.) CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Manager of Information Services Gary Gregg, Information Systems Technician Sam Cobb, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Jackson, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Human Resources Kevin Hugman, Director of Planning and Development Services Ken Baker, Chief Planner Dennis Killough, Director of Public Works Robert H. Price, Public Works Operations Manager Chuck Kendrick, City Attorney Cara White, 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 5:12 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month Tom Pennington gave the invocation. Mayor Wambsganss led the Pledge of Allegiance. Agenda Item No. 3. Discuss all items on tonight's meeting agenda. City Council reviewed the consent agenda items with city staff. The following items were added to the consent agenda: Items 6G, 6H, 61 and 6J to table to the October 2, 2007, regular City Council meeting at the request of the applicant; Items 7C and 7D to table to the October 2, 2007, regular City Council meeting; and Item 9A. The work session ended at 5:32 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:32 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with the city attorney, and Section 551.087, deliberation regarding economic REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2007 Page 1 of 10 development negotiations. City Council adjourned for Executive Session at 5:32 p.m. Executive Session began at 5:50 p.m. and ended at 6:25 p.m. Agenda Item No. 213. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:46 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. 313. City Manager's Report. No report was given. Agenda Item No. 3C. Financial Report. A written report was included in Council's packets. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 4A. Approve the minutes from the August 28, 2007, special meeting with the City Council and the September 4, 2007, regular City Council meeting. A presentation was not made on this item. Agenda Item No. 413. Award construction bid to WHF Electrical Contractors for $55,500 for electrical modifications to Shady Lane and Lonesome Dove Lift Stations to provide for the use of a backup power generator. A presentation was not made on this item. Agenda Item No. 4C. Ordinance No. 635-13, 1 Reading Amending Chapter 2 Article VI Code of Ethics and Conduct of the Southlake City Code to amend Section 2-265 Disclosure of Interest to comply with Chapter 176 of the Texas Local Government Code. A presentation was not made on this item. Agenda Item No. 4D. Resolution No. 07-053, Annual Review of Investment Policy and Investment Strategies. 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, REVIEW OF INVESTMENT POLICY AND INVESTMENT STRATEGIES. Agenda Item No. 4E. Resolution No. 07-055 Deny the request of Atmos Energy Corp., Mid-Tex Division, for an annual gas reliability infrastructure program (GRIP) rate increase in this municipality, as a part of the company's statewide gas utility distribution system; supporting statutory reform of the Texas GRIP Statute, finding that the meeting at which this resolution is passed is open to the public, and providing for notice of this resolution at Atmos Energy Corp Mid-Tex Division and the City's legislative delegation. 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: REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2007 Page 2 of 10 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; SUPPORTING STATUTORY REFORM OF THE TEXAS GRIP STATUTE, FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC; AND PROVIDING FOR NOTICE OF THE RESOLUTION TO ATMOS ENERGY CORP., MID-TEX DIVISION AND THE CITY'S LEGISLATIVE DELEGATION. Agenda Item No. 4F. Ordinance No. 699-A 1St Reading Repeal Ordinance No 699 and amend the City of Southlake's Cross Connection Ordinance A presentation was not made on this item. Agenda Item No. 4G. Ordinance No 914, 1St Reading Adopt regulations regarding the generation, transportation and disposal of liquid waste in the City of Southlake A presentation was not made on this item. Agenda Item No. 4H. Ordinance No. 480-LLL 2nd Reading Amend the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the "SF-2" Single Family Residential Zoning District. This item was tabled to the October 2, 2007, City Council meeting. Agenda Item No. 41. Ordinance No. 480-492 1St Reading (ZA06-045) Zoning Change for a portion of Lot 1, Block 1, Arnold Estates. The property is situated at 1275 Shady Oaks Drive with access through 520 West Highland Street. Current Zoning: RE Single Family Residential Estate District. Requested Zoning: SF-lA Single Family Residential District SPIN Neighborhood #11. This item was administratively tabled to the October 2, 2007, City Council meeting. Agenda Item No. 6G. Resolution No. 07-057 CP07-003 Comprehensive Land Use Plan Amendment for South Village at Watermere being approximately 33.72 acres located at 2271 Union Church Road. The current underlying land use designation is Public/Semi-Public and the proposed underlying land use designation is Medium Density Residential SPIN Neighborhood #15. This item was tabled to the October 2, 2007, City Council meeting at the applicant's request. Agenda Item No. 6H. Ordinance No. 480-476a 2„ d Reading (ZA07-097 Zoning Change and Concept Plan for South Village at Watermere on property being legally described as Tracts 4F 4171, 5A1B, 6A1, and 6134 and a portion of Tracts 4D, 4G and 6A J.G. Allen Survey Abstract No. 18, and being located at 2271 Union Church Road, 2811 West Southlake Boulevard 2809 West Southlake Boulevard, 2815 West Southlake Boulevard 2801 West Southlake Boulevard 2477 Union Church Road, and 2451 Union Church Road. Current Zoning: AG Agricultural District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. This item was tabled to the October 2, 2007, City Council meeting at the applicant's request. Agenda Item No. 61. Ordinance No. 480-532, 2"d Reading _(ZA07-098 , Zoning Change and Development Plan for South Village at Watermere on property legally egally described as Tract 4C and 6A2 and a portion of Tracts 4D and 6A, J.G. Allen Survey, Abstract No. 18, located at 2271 Union Church Road and 2451 Union Church Road. Current Zoning: AG Agricultural REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2007 Page 3 of 10 District. Requested Zoning: R-PUD Residential Planned Unit Development District SPIN Neighborhood #15. This item was tabled to the October 2, 2007, City Council meeting at the applicant's request. Agenda Item No. 6J. ZA07-099 Preliminary Plat for South Village at Watermere on property being legally described as Tracts 4C 4D 6A2 and a portion of 6A J G Allen Survey Abstract No. 18 and being located at 2271 Union Church Road and 2451 Union Church Road Current Zoning: AG Agricultural District Proposed Zoning: S-P-2 Generalized Site Plan District SPIN Neighborhood #15. This item was tabled to the October 2, 2007, City Council meeting at the applicant's request. Agenda Item No. 7C. Ordinance No. 480-RRR 1St Reading Amend the Comprehensive Zoning Ordinance No. 480, as amended as it pertains to Oil and Gas Drilling and Production and discuss an amendment to the City's Master Plan as it pertains to Oil and Gas drilling and production. This item was tabled to the October 2, 2007, City Council meeting. Agenda Item No. 7D. Ordinance No. 880-A 1St Reading Amend Section 9 5 Article IV of the Southlake City Code regarding Gas and Oil Well Drilling and Production This item was tabled to the October 2, 2007, City Council meeting. Agenda Item No. 9A. Consider SP07-275 Variance to the Gateway Plaza Phase II (Wyndham Plaza) Conditional Sign Permit for Michael Anthony's located at 2750 East Southlake Boulevard, Suite 140. Director Baker presented this item to Council during the work session. Applicant Earl Gant answered Council's questions. Motion was made to approve consent agenda items 4A; 4B; 4C; 413; 4E; 4F; 4G; to table 4H to the October 2, 2007, City Council meeting; to table 41 to the October 2, 2007, City Council meeting; to table 6G, 6H, 61, and 6J to the October 2, 2007, City Council meeting at the applicant's request; to table 7C and 7D to the October 2, 2007, City Council meeting; and to approve 9A subject to the proposed canopy not being any longer than eight feet but in no event extending further than the covered structured above the awning, to approve the logo on the front of the awning but allowing no writing on the sides, approval is subject to a six month period at such time reapproval will need to be obtained from City Council, to require the side curtains as represented, and to approve the request for Michael Anthony's only. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Mayor Wambsganss announced the public forum would take place later in the meeting. Agenda Item No. 6A. Ordinance No. 915, 2nd Reading Annual budget for FY 2008 and revised budget figures for FY 2007 and multi-year CIP. Director Jackson presented this item to Council REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2007 Page 4 of 10 in conjunction with item 6B. Manager Gregg and Director Polasek 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 OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2007; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND TERMINATING SEPTEMBER 30, 2008, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 915, 2"d Reading, Annual budget for FY 2008 and revised budget figures for FY 2007 and multi-year CIP. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6B. Ordinance No. 916, 2nd Reading Tax levy ordinance Director Jackson presented this item to Council in conjunction with item 6A. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008, AND EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.462 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS AS OF JANUARY 1, 2007, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEROF; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 916, 2"d Reading, Tax levy ordinance and to move that property taxes be increased by the adoption of a tax rate of $0.462. Motion: Jones REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2007 Page 5 of 10 Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6C. Ordinance No 913, 2°d Reading Affecting participation of city employees in the Texas Municipal Retirement System (TMRS), ranting the additional rights authorized by Section 854.202(8) of Title 8, Texas Government Code adopting a 20-year / any age service retirement option; and prescribing an effective date. Mayor Wambsganss introduced this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.202(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED, AND PRESCRIBING THE EFFECTIVE DATE FOR THE ORDINANCE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 913, 2°d Reading, Affecting participation of city employees in the Texas Municipal Retirement System (TMRS), granting the additional rights authorized by Section 854.202(g) of Title 8, Texas Government Code adopting a 20-year / any age service retirement option; and prescribing an effective date. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6D. Ordinance No. 480-530, 2°d Reading (ZA07-080 , Zoning Change and Concept Plan for 1090 Primrose Lane on property being legally described as Tract 2C2, A.H. Chivers Survey, Abstract No. 299, and being located at 1090 Primrose Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-30 Single Family Residential District. SPIN Neighborhood #5. 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 2C2 OF THE A.H. CHIVERS SURVEY, ABSTRACT NO. 299, BEING APPROXIMATELY 1.0 ACRE, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-30" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2007 Page 6 of 10 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 the public hearing. Motion was made to approve Ordinance No. 480-530, 2nd Reading (ZA07-080), Zoning Change and Concept Plan for 1090 Primrose Lane subject to Concept Plan Review Summary No. 2, dated August 17, 2007. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 5. Public Forum. No one spoke during the public forum. Agenda Item No 6E Ordinance No 480-531 2°d Reading (ZA07-085) Zoning Change and Concept Plan for Shady Oaks being approximately 96.3 acres located on the west side of the 800 - 1100 blocks of Shady Oaks Drive and on the east side of the 1000 - 1200 blocks of North Peytonville Avenue specifically including properties located at 820, 910, 1020 Shady Oaks Drive and 985, 1005, and 1125 North Peytonville Avenue Current Zoning: AG Agricultural District Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #13. Director Baker presented this item in conjunction with item 6F. Applicant Kosse Maykus made a presentation and answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 11, 11 C, 11 C2, l l C2A, 11 C7, 1113, 11131, 11 E, 11 F, AND A PORTION OF LOT 2, SITUATED IN THE T. HOOD SURVEY, ABSTRACT NO. 706, BEING APPROXIMATELY 96.3 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2007 Page 7 of 10 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 the public hearing. Council discussed this request. Motion was made to approve Ordinance No. 480-531, 2°d Reading (ZA07-085), Zoning Change and Concept Plan for Shady Oaks as outlined by the applicant, subject to Council's previous approval on first reading on September 4, 2007, subject to the recommendations of the Planning and Zoning Commission, approving the fencing as presented by the applicant, stating that the developer and residents of this development cannot place wooden slats in the wrought iron fencing facing Coventry specifically along the park land areas and more specifically being Lots 17, 18, 25, 26, 36, and 37, subject to Concept Plan Review Summary No. 5, dated September 12, 2007, granting the variances as requested: allowing a minimum 40' ROW with collector streets remaining at a 60' ROW, allowing the collector street geometry as proposed this evening, allowing a minimum 20' side yard setback adjacent to the street on corner lots rather than a full front yard setback of 35' (as specified in staff report dated September 18, 2007), and allowing relief from the 125' rear lot width requirement for Lots 5, 6, 8-10, Block 1, and Lots 3, 11, and 12, Block 3. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6F. ZA07-086, Preliminary Plat for Shady Oaks being approximately 96.3 acres located on the west side of the 800 - 1100 blocks of Shady Oaks Drive and on the east side of the 1000 - 1200 blocks of North Peytonville Avenue, specifically including properties located at 985, 1005, and 1125 North Peytonville Avenue and 820, 910, 1020 Shady Oaks Drive. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #13. Director Baker presented this item to Council in conjunction with item 6E. Applicant Kosse Maykus made a presentation and answered Council's questions. Motion was made to approve ZA07-086, Preliminary Plat for Shady Oaks subject to Revised Plat Review Summary No. 3, dated September 12, 2007, and subject to the recommendations of the Planning and Zoning Commission. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss called for a break at 8:07 p.m. and reconvened the meeting at 8:20 p.m. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2007 Page 8 of 10 Agenda Item No. 7A. Ordinance No. 480-533 1" Reading (ZA06-160) Zoning Change and Site Plan for Offices of K. Wayne Lee on property being legally described as Tracts 4A14 and 4A20 J.G. Allen Survey, Abstract No. 18 and being located at 3220 West Southlake Boulevard Current Zoning: AG Agricultural District and R-PUD Residential Planned Unit Development District. Requested Zoning: S-P-1 Detailed Site Plan District SPIN Neighborhood 415 Chief Planner Killough presented this item to Council. Applicant Wayne Lee, 1601 Regal Oaks, Southlake, Texas, made a presentation and answered Council's questions. Council discussed this request. Motion was made to approve Ordinance No. 480-533, 1St Reading (ZA06-160), Zoning Change and Site Plan for Offices of K. Wayne Lee subject to the recommendations of the Planning and Zoning Commission, subject to Site Plan Review Summary No. 2, dated August 31, 2007, and to reflect the applicant's willingness to grant the city cross access on the north and south sides of the building. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7B. Ordinance No. 480-187a 1St Reading (ZA07-090) Zoning Change and Site Plan for Sports Complex on property being legally described as Lot 2R Block B Commerce Business Park Addition and being located at 280 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District SPIN Neighborhood #7. Chief Planner Killough presented this item to Council. Applicant Skip Blake from Blake Architects and owner Christie Abercrombie, 1420 Danbury Parks Drive, Keller, Texas, made a presentation and answered Council's questions. Council discussed this request. Motion was made to approve Ordinance No. 480-187a, 1st Reading (ZA07-090), Zoning Change and Site Plan for Sports Complex subject to the applicant's representations made this evening specifically regarding: elimination of all of the truck doors, approving the color schemes as shown with the applicant bringing examples or sample boards to Council at the second reading, and buffering on the north side with landscaping and potential fencing; accepting applicant's agreement to add additional columns at each corner on the north elevation with possible wainscoting; requiring the applicant to review list of uses prior to second reading and present City Council with a list of specific requested uses; subject to the recommendations of the Planning and Zoning Commission; and subject to Site Plan Review Summary No. 4, dated August 31, 2007. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2007 Page 9 of 10 Agenda Item No. 7C. Consider SP07-290, Variance to the Jellico Square Conditional Sign Permit for Noble Roman's Pizza and Tuscano's Subs located at 250 Randol Mill Avenue, Suite 140. Director Baker presented this item to Council. Applicant Mike Powell, 1108 Spruce Wood Drive, Keller, Texas, answered Council's questions. Council discussed this request. Motion was made to approve SP07-290, Variance to the Jellico Square Conditional Sign Permit for Noble Roman's Pizza and Tuscan's Subs located at 250 Randol Mill Avenue, Suite 140, allowing the existing sign to be split and moved down on the building on the two faces as shown but specifically denying the signage request on the upper portion of the column. Motion: Terrell Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 9:46 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor ATTEST: ~~~tnassarexRet p`y . ^y i y a,. +aR~Yx A.~ 2 p .2~4 Oi > J rn Lori Payne + ® a . City Secretary REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2007 Page 10 of 10