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2004-07-13 Regular CC Meeting I I. I I I I I I I Ie I I I I I I ~ I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: JULY 13.2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Call to order. 2. Discussion of all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or immediatelv foUowin2 the work session 1. Cal1to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session mav be held. under these exceptions. at the end of the' Re2ular Session or at anv time durin2 the meetin2 that a need arises for the City Councll to seek advice from the City Attornev as to the posted subject matter of this City Council meetin2. 1. Section 551.071 Consultation with attornev a. Seek advice of the city attorney regarding water back billing. b. Seek advice of the city attorney regarding the Hanson Aggregate case. c. Seek advice of the city attorney regarding complaint by Hal Sauls. 2. Section 551.072: Deliberation re2ardin2 real property a. Discuss possible purchase of property for park purposes. 3. Section 551.087 Deliberation re2ardin2 economic development ne20tiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Met Church 4. REPORTS: I I. I I I I I I I 10 I I I I I I I City of Southlake City Couneil meeting agenda July 13,2004 Page 2 of 6 A. B. C. D. E. F. Mayor's Report City Manager's Report SPIN Report Library Board Report Park and Recreation Board Report Local Business Report CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consent: A. Approve minutes for the June 15,2004, regular City Council meeting; for the June 17 and June 18,2004, June Retreat with City Council; and for the June 30, 2004, special City Council meeting. B. ZA04-033, Plat Revision for Lot 8R, Block 6, Southlake Woods Phase 2; being a revision of Lot 8, Block 6, Southlake Woods Phase 2. The property is located at 1715 Weeping Willow Way. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #16. C. Authorize the Mayor to execute a commercial developer's agreement for Chapel Hill Office Park Addition, a 4.24 acre site located at 205 East Southlake Boulevard. D. Approve appointment of Slaven L. Manning as a Police Reserve Officer. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-440, 2nd Reading (ZA04-034) Zoning Change and Site Plan for Lot I, Block I, Pecan Creek located at 721 East Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #ge. PUBLIC HEARING B. Resolution No. 04-052 (ZA04-035) Specific Use Permit for Far Pointe Wine Bar & Bistro to allow a tavern, club, and other comparable establishment under which the on-premise consumption of alcohol is permitted. The property is located at 721 East Southlake Boulevard. I I. I I I I I I I I. I I I I I I I r I City of Southlake City Council meeting agenda July 13, 2004 Page 3 of6 Current Zoning: C-2 Local Retail Commercial District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #ge. PUBLIC HEARING C. Resolution No. 04-053 (ZA04-036) Specific Use Permit for the sale of alcoholic beverages at Shogun Sushi, Inc. located at 2970 East Southlake Boulevard. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 868, 1 st Reading, Adoption of the 2003 International Building Code. (If approved on first reading, the public hearing will be July 20,2004.) B. Ordinance No. 869, 1st Reading, Adoption of the 2003 International Energy Conservation Code. (If approved on first reading, the public hearing will be July 20, 2004.) C. Ordinance No. 870, 1 st Reading, Adoption of the 2003 International Fire Code. (If approved on first reading, the public hearing will be July 20, 2004.) D. Ordinance No. 871, 1st Reading, Adoption of the 2003 International Fuel Gas Code. (If approved on first reading, the public hearing will be July 20, 2004.) E. Ordinance No. 872, 1 st Reading, Adoption of the 2003 International Mechanical Code. (If approved on first reading, the public hearing will be July 20, 2004.) F. Ordinance No. 873, 1st Reading, Adoption of the 2003 International Plumbing Code. (If approved on first reading, the public hearing will be July 20, 2004.) G. Ordinance No. 874, 1st Reading, Adoption of the 2003 International Residential Code. (If approved on first reading, the public hearing will be July 20, 2004.) H. Ordinance No. 875, 1st Reading, Adoption of the 2002 National Electrical Code. (If approved on first reading, the public hearing will be July 20, 2004.) I. Ordinance No. 876, 1 st Reading, Adoption of the Property Maintenance Code. (If approved on first reading, the public hearing will be July 20, 2004.) I I. I I I I I I I I. I I I I I I ~ I City of Southlake City Council meeting agenda July 13, 2004 Page 4 of 6 9. Resolutions: A. Resolution No. 04-054, Appoint a member to the Zoning Board of Adjustment to fill the unexpired term of Al Morin, Alternate 1, until May 2005. 10. Other items for consideration: A. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. B. Consider SP04-127, Variance to Sign Ordinance No. 704-B, Roly Poly Rolled Sandwiches, located at 2787 East Southlake Boulevard, Suite 110. C. Approval of 2004 Facilities Utilization Agreement with Southlake Baseball Association (SBA). D. Approval of 2004 Facilities Utilization Agreement with Southlake Girls Softball Association (SGSA). E. Approval of 2004 Facilities Utilization Agreement with Grapevine- Southlake Soccer Association (GSSA). F. Approval of 2004 Facilities Utilization Agreement with Southlake Carroll Lacrosse Association (SCLA). G. Approval to enter into a lease agreement for grazing on undeveloped City property. 11. Other items for discussion: (There are no items on this agenda.) 12. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, July 9,2004, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 5~1..1lt""" ~ ~ ,.., OUTHl':" . /2 ........'!<, CO .........::"t"".:~ -l. 1.. t..A... ~ 0 ... ... ,.~ ~ . $ ~ ..- ~ ...4 ~ LonA.Farwell, C $t:! * :~~ City Secretary : 0 : : : - . . - If you plan to attend this public meetin'i--!ln;'.,tz.ave a d~ffl/ty that requires special needs, please advise the City Secretary's Office 48"fiwu;i;.t1f.-advq.pte at 817-481-1490 and reasonable accommodations will be made to assist you."'"",::,~""""" I I. I I I I I I I I. I I I I I I ~. I I City of Southlake City Council meeting agenda July 13, 2004 Page 5 of6 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. City of South lake vs. Timarron et.al. May 2001. 2. Richard W. Hart vs. City ofSouthlake. September 2002. 3. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City of South lake. March 2003. 4. Marpave, Inc., vs. City of South lake. November 2003. 5. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003. 6. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003. 7. City of Southlake vs. Howard E. Carr, Jr. March 2004. Section 551.072: Deliberation re2ardin2 real orooertv The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation re2ardin2 orosoective Irlft or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation re2ardin2 oersonnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation re2ardin2 security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation re2ardin2 economic develooment ne2otiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. I I. I I I I I I I I. I I I I I I ~ I City of Southlake City Council meeting agenda July 13, 2004 Page 6 of6 Section 418.183(fl: Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism-related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetin2s to discuss emer2encv mana2ement plans re2ardin2 pipeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. I I. I I I I I I I Ie I I I I I I I . I I CITY OF SOUTHLAKE OFFICIAL RECORD REGULAR CITY COUNCIL MEETING MINUTES: JULY 13.2004 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 Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Library Administrator Kerry McGeath, Executive Secretary Kim Bush, Information Systems Technician Slaven Manning, Information Systems Technician Pam Jordan, Information Systems Technician Sam Cobb, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Manager of Courts and Utility Billing Sean Leonard, Director of Human Resources Kevin Hugman, Director of Planning Bruce Payne, Senior Planner Dennis Killough, Senior Planner Ken Baker, Senior Planner Director of Public Safety Rick Black, Fire Marshal David Bames, Chief of Administration Garland Wilson, Chief Building Official Paul Ward, Plans Examiner Chuck Bloomberg, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Graduate Engineer Angela Turner, Construction Manager Clayton Redinger, Deputy City Secretary Tara Brooks, 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. Agenda items 8A, 8B, 8C, 8D, 8E, 8F, 8G, 8H, 81, lOA, lOB, IOC, IOD, 10E, IOF, and lOG were added to the consent agenda. The work session ended at 6:24 p.m. REGULAR SESSION: Agenda Item No.1. Call to order: The regular session was called to order by Mayor Wambsganss at 6:24 p.m. Agenda Item No. 2A. Executive Session: Mayor Wambsganss announced that the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; and Section 551.072, deliberation regarding real property. City Council adjourned for Executive Session at 6:24 p.m. Executive Session began at 6:40 p.m. and ended at 7:40 p.m. REGULAR CITY COUNCIL MEETING MINUTES, JULY 13, 2004 Page 1 of7 I I. I I I I I I I I. I I I I I I I I- I Agenda Item No. 2B. ~econvene: Mayor Wambsganss reconvened the regular meeting at 7:41 p.m. and asked ifthere was any action necessary as a result of the executive session. Motion was made to continue to recognize the authority of the City Manager to take whatever action necessary in moving forward with Hanson Aggregate. Motion: Shankland Second: Jones Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No.3. I:p.vocation: The invocation was given by Leann Lewis from Met Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. Agenda Item No. 4A. Mayor's Ret'ort: Mayor Wambsganss announced upcommg meetings and events. Agenda Item No. 4B. City Manager's Report: City Manager Campbell announced Director of Planning Payne's resignation with the City of South lake. He stated that Senior Planner Ken Baker was appointed Interim Director of Planning. Agenda Item No. 4C. SPIN Report: A written report was given to Council. Agenda Item No. 4D. Library Board Report: A written report was given to Council. Agenda Item No. 4E. Park and Recreation Board Report: Boardmember Elaine Cox reported on upcoming park meetings and events. Agenda Item No. 4F. Local Business Report: Director Last introduced Jim Morgan with Drexel Heritage and Jeff Grange with The Melting Pot who gave Council a brief introduction to his business. CONSENT AGEND~..:. Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the items into the record. Agenda Item No. SA. Approve minutes for the June 15. 2004. regular City Council meeting: for the June J 7 and June 18.2004. June Retreat with City Council: and for the June 30. 2004. special City Council meeting. Council approved the minutes as presented. Agenda Item No. 5B. ,ZA04-033. Plat Revision for Lot 8R. Block 6. Southlake Woods Phase 2: being a revision of Lot 8. Block 6. Southlake Woods Phase 2. The nroperty is located at 1715 Weeping Willow Way. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #16. Senior Planner Killough presented this item to Council during the work session. Approval was subject to Plat Review Summary No.2, dated June 11, 2004. REGULAR CITY COUNCIL MEETING MINUTES, JULY 13, 2004 Page 2 of7 I I. I I I I I I I Ie I I I I I I I I. I Agenda Item No. 5C. Authorize the Mayor to execute a commercial develooer's agreement for Chaoel Hill Office Park Addition. a 4.24 acre site located at 205 East Southlake Boulevard. Deputy Director Thomas presented this item to Council during the work session. Agenda Item No. 5D. Aoorove aooointment of Slaven L. Manning as a Police Reserve Officer. Director Black presented this item to Council during the work session. Agenda Item No. 8A. Ordinance No. 868. 1st Reading. Adol'tion of the 2003 International Building Code. Chief Wilson presented this item to Council during the work session. Agenda Item No. 8B. Ordinance No. 869. 1st Reading. Adootion of the 2003 International Energy Conservation Code. Chief Wilson presented this item to Council during the work seSSIOn. Agenda Item No. 8C. Ordinance No. 870. 1st Reading. Adootion of the 2003 International Fire Code. Chief Wilson presented this item to Council during the work session. Agenda Item No. 8D. Ordinance No. 871. 1st Reading. Adoption of the 2003 International Fuel Gas Code. Chief Wilson presented this item to Council during the work session. Agenda Item No. 8E. Ordinance No. 872. 1st Reading. Adoption of the 2003 International Mechanical Code. Chief Wilson presented this item to Council during the work session. Agenda Item No. 8F. Ordinance No. 873. 1st Reading. Adootion of the 2003 International Plumbing Code. Chief Wilson presented this item to Council during the work session. Agenda Item No. 8G. Ordinance No. 874. 1st Reading. Adootion of the 2003 International Residential Code. Chief Wilson presented this item to Council during the work session. Agenda Item No. 8H. Ordinance No. 875. 1st Reading. Adoption of the 2002 National Electrical Code. Chief Wilson presented this item to Council during the work session. Agenda Item No.8!. Ordinance No. 876. 1st Reading. Adootion of the Prooertv Maintenance Code. Chief Wilson presented this item to Council during the work session. Agenda Item No. lOA. Consider excusing members of the City Council and the Plannin~ and Zoning Commission for absences from meetings. Mayor Wambsganss presented this item to Council during the work session. Council excused the absences of P&Z Commissioner Ron Kulpinski on June 17,2004, and P&Z Commissioner Mike Springer on June 17,2004. A~enda Item No. lOB. Consider SP04-127. Variance to Sign Ordinance No. 704-B. Roly Poly Rolled Sandwiches. located at 2787 East Southlake Boulevard. Suite 110. Senior Planner Killough presented this item to Council during the work session. Applicant Sara REGULAR CITY COUNCIL MEETING MINUTES, JULY 13, 2004 Page 3 0[7 I I. I I I I I I I Ie I I I I I I I I. I Davis, 2787 East Southlake Boulevard, Suite 110, Southlake, Texas, answered Council's questions. Agenda Item No. 10C. Approval of 2004 Facilities Utilization Agreement with Southlake Baseball Association (SBA). Director Jackson presented this item to Council during the work session. Agenda Item No. 10D. Approval of 2004 Facilities Utilization Agreement with Southlake Girls Softball Association (SGSA). Director Jackson presented this item to Council during the work session. Agenda Item No. 10E. Approval of Facilities Utilization Agreement with Grapevine- Southlake Soccer Association (GSSA). Director Jackson presented this item to Council during the work session. Agenda Item No. 10F. Approval of 2004 Facilities Utilization Agreement with Southlake Carroll Lacrosse Association (SCLA). Director Jackson presented this item to Council during the work session. Kelli Riley, 1374 Woodbrook Lane, Southlake, Texas, made a short presentation to Council on the SCLA program. Lacrosse players Heather Thompson, Camp Thompson, and Luke Riley who thanked Council for their support. Agenda Item No. lOG. Approval to enter into a lease agreement for grazing on undeveloped City property. Director Jackson presented this item to Council during the work session. Motion was made to approve consent agenda items #5A; 5B subject to Plat Review Summary No.2, dated June 11, 2004; 5C; 5D; 8A; 8B; 8C; 8D; 8E; 8F; 8G; 8H; 81; lOA; lOB; 10C; 10D; 10E; 10F; and lOG. Motion: Terrell Second: Muzyka Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Councilmember Jones left the meeting at 8:06 p.m. REGULAR AGENDA: Agenda Item No.6. Public Forum. Hal Sauls, 115 Meadow Run, Coppell, Texas, spoke to Council regarding a traffic stop on November 20, 2003. He addressed a recent letter he received from Director Black. REGULAR CITY COUNCIL MEETING MINUTES, JULY 13, 2004 Page 4 017 I I. I I I I I I I I- I I I I I I I I. I Pamela Muller, 214 Westwood Drive, Southlake, Texas, spoke to Council regarding her recent application to serve on the Planning and Zoning Commission. Agenda Item No.7 A. Ordinance No. 480-440. 2nd Reading (ZA04-034) Zoning Change and Site Plan for Lot 1. Block 1. Pecan Creek located at 721 East Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Reauested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #ge. Senior Planner Killough presented this item to Council. Applicant Greg Wileman, 608 Silver Spur, Southlake, Texas, answered 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 LOT 1, BLOCK 1, PECAN CREEK; AND BEING APPROXIMATELY 1.744 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A" FROM "C-2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRICT USES TO INCLUDE TAVERNS, CLUBS, AND OTHER COMPARABLE ESTABLISHMENTS ONLY WITH THE APPROVAL OF A SPECIFIC USE PERMIT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHffiIT "B," SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-440, 2nd Reading (ZA04-034) subject to Staff Report dated July 7,2004. Motion: Shankland Second: Terrell Ayes: Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 7B. Resolution No. 04-052 (ZA04-035) S"ecific Use Permit for Far Pointe Wine Bar & Bistro to allow a tavern. club. and other com"arable establishment REGULAR CITY COUNCIL MEETING MINUTES, JULY 13, 2004 Page 5 of7 I I. I I I I I I I I- I I I I I I I I. I under which the on-premise consumption of alcohol is permitted. The property is located at 721 East Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Prol>osed Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #ge. Senior Planner Killough presented this item to Council. Applicant Greg Wileman, 608 Silver Spur, Southlake, Texas, answered Council's questions. 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 A TAVERN, BAR OR SIMILAR ESTABLISHMENT ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 721 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS A PORTION LOT 1, BLOCK 1, PECAN CREEK, MORE FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHffiIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 04-052 (ZA04-035) for the term of the lease. Motion: Second: Ayes: Nays: Approved: Terrell Muzyka Morris, Muzyka, Shankland, Terrell, Wambsganss None 5-0 Agenda Item No. 7C. Resolution No. 04-053 (ZA04-036) Specific Use Permit for the sale of alcoholic beverages at Shogun Sushi. Inc.. located at 2970 East Southlake Boulevard. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. Applicant Stephen Lee, 2970 East Southlake Boulevard, Southlake, Texas, answered Council's questions. 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 THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2970 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS A PORTION LOT 3, BLOCK 1, GATEWAY PLAZA ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHffiIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, JULY 13, 2004 Page 6017 I I. I I I I I I I Ie I I I I I I I Ie I Motion was made to approve Resolution No. 04-053 (ZA04-036) for the term of the lease. Motion: Second: Ayes: Nays: Approved: Terrell Morris Morris, Muzyka, Shankland, Terrell, Wambsganss None 5-0 Agenda Item No. 9A. Resolution No. 04-054. Appoint a member to the Zoning Board of Adiustment to fill the unexnired term of Al Morin. Alternate 1. until Mav 2005. Motion was made to approve Resolution No. 04-054, Appointing Robert Hudson to fill the unexpired term of Alternate 1 until May 2005. Motion: Terrell Second: Morris Ayes: Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 8:26 p.m. * An audio recording of this meeting will be permanently retained in the City Secretary's Office. - /~ ----;-) ~dY Wambsganss Mayor ,",......"., "~"~I' oU TH~'!',," ........ ~ ~ ........~~...~ $' 0..- ".,:- ~ L ~€t:1 * \~~ ,() \0\. ):} ";. ..... Lori A. Farwell, TRMC ".... ............. ..J' . ........, *** ",.. CIty Secretary 11"",,,",,,,,, ATTEST: REGULAR CITY COUNCIL MEETING MINUTES, JULY 13, 2004 Page 70[7