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2005-01-04 Regular CC Meeting I I. I I I I I I I I. I I II I I I I I. I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: JANUARY 4.2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Cal1to 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 followin2 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 may be held. under these exceotions. at the end of the Re2ular Session or at any time durin2 the meetin2 that a need arises for the City Council to seek advice from the City Attornev as to the oosted subject matter of this City Council meetin2. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding water back billing. b. Seek advice of the city attorney regarding changes in property values based upon tax exempt status. c. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City of Southlake. d. Seek advice of the city attorney regarding claim made by Schmeidel family. e. Steve L. Perry and Aline Perry vs. City of Southlake. 2. Section 551.072: Deliberation re2ardin2 real orooertv a. Discuss the value of city-owned real property at the southeast comer of Pearson Lane and Jordan Drive. 3. Section 551.074: Deliberation re2ardin2 oersonnel matters a. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager and the City Secretary. I 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 January 4, 2005 Page 2 of6 b. Deliberate the appointment of an Alternate Municipal Judge. 4. Section 551.087: Deliberation re2ardin2 economic develooment ne2otiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Bill Ramsey, Met Church 4. REPORTS: A. Mayor's Report 1. Proclamation to Carroll Senior High School football team 2. Proclamation in memory of Coach Charlie Stalcup B. City Manager's Report C. SPIN Board Report D. Library Board Report E. Park and Recreation Board Report 1. Presentation of TRAPS "Advocate of the Year" Awarded to the Liberty Garden Committee 2. Sister Cities presentation of gifts F. 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 the minutes for the December 7, 2004, regular City Council meeting. B. Authorize the City Manager to enter into a settlement agreement with Architectural Utilities Limited Partnership dba AU! General Contractors. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. ZA04-063, Revised Development Plan for Pecan Creek, Lot 2R, Block 60, Timarron Addition Phase 5, located on the east side of the 200 block of I 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 January 4, 2005 Page 3 of6 Byron Nelson Parkway approximately 500 feet south of East Southlake Boulevard. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #ge. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-446, (ZA04-044), 1st Reading, Zoning Change and Concept Plan for Kimball Estates located at 1470 North Kimball Avenue. Current Zoning: SF-IA Single Family Residential District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #5. THIS ITEM HAS BEEN TABLED TO THE JANUARY 18, 2005, CITY COUNCIL MEETING. B. Ordinance No. 480-450, (ZA04-086), 1 st Reading, Zoning Change for 1280 Sunshine Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #3. (If approved on first reading, the public hearing will be held January 18, 2005.) C. Ordinance No. 882, 1 st Reading, Appointing an Alternate Municipal Judge and authorizing the Mayor to execute an agreement with the Alternate Municipal Judge and providing an effective date. (If approved on first reading, the public hearing will be held January 18, 2005.) 9. Resolutions: A. Resolution No. 05-001, Appointing a Chairperson of the Board of Directors of Tax Increment Reinvestment Zone Number One. B. Resolution No. 05-002, Authorizing the City's intervention before the Railroad Commission of Texas regarding the filing of a gas cost prudence review by Atmos Energy Corporation, formerly TXU Gas Company; designating a representative of the City to serve on a steering committee; and requiring reimbursement of reasonable legal and consultant expenses. C. Resolution No. 05-003, Suspending an interim rate adjustment proposed by Atmos Energy Corporation, formerly TXU Gas Company; authorizing participation in a steering committee to review the proposed rate increase and recommend further action related to the proposed rate increase; designating a representative of the City to serve on the steering committee; authorizing intervention in any proceedings related to the proposed rate increase; and requiring reimbursement of reasonable legal and consultant expenses. I 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 January 4, 2005 Page 4 of6 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. Authorize the City Manager to enter into an interlocal agreement between the Town of Highland Park and the City of Southlake regarding the use of a shared radio frequency. C. ZA04-093, Revised Preliminary Plat for Block 2, Gateway Plaza Phase II. The property is bounded by State Highway 114 on the north side, East Southlake Boulevard on the south side and North Nolen Drive on the west side. Current Zoning: S-P-2 Generalized Site Plan District. D. ZA04-096, Plat Revision for Lots IRI & IR2, Block 1, Bonola Family Addition; being a revision of Lot 1, Block 1, Bonola Family Addition. The property is located on the north side of State Highway 114, approximately 800 feet east of Shady Lane. Current Zoning: C-3 General Commercial District. E. Consider SP04-252, Variance to the Sign Ordinance 704-B for Crystal Clear Wireless located at 2301 West Southlake Boulevard, Suite 200. F. Consider SP04-215, Variance to the Sign Ordinance 704-B for Albertson's located at 2201 West Southlake Boulevard. G. Consider SP04-13I, Variance to the Sign Ordinance 704-B for La Petite Academy located at 1400 West Southlake Boulevard. 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 Thursday, December 30, 2004, by 6:00 p.m., pursuant to ~ COde,.Chapter 551. i/t. tJ- ............... , ~ UTH ~ fYvL ~..~: ~~......~~~-:. :' ~ ... e.,:. ~ Lon A. Farwell, T i 0 l * \ ""'~\ C. S - ~ · · . Ity ecretary :....:: : =0: :0= ~ \. : ..~ .. . If you plan to attend this public meeting antf.Joav~4.dis(il>>fity lIat requires special needs, please ~ .... ,'" advise the City Secretary's Office 48 hour~"jlJ. ~~'''at 817-481-1490 and reasonable accommodations will be made to assist you. ""'111"1'" I 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 January 4, 2005 Page 5 of6 EXECUTIVE SESSION Section 551.071: Consultation with attornev 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 Southlake vs. Timarron et.al. May 2001. 2. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City of South lake. March 2003. 3. Steve L. Perry and Aline Perry vs. City of South lake. November 2003. 4. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003. 5. City of Southlake vs. Howard E. Carr, Jr. March 2004. 6. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 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 2ift 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 securitv 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 I. I City of Southlake City Council meeting agenda January 4, 2005 Page 60f6 Section 418.183(0: 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(dl & (el: Local meetin2s to discuss emer2encv mana2ement olans re2ardin2 oioeline 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 I. I I I I I I I I- I CITY OF SOUTHLAKE OFFICIAL RECORD REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 4.2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland and Deputy Mayor Pro Tern Carolyn Morris; and Councilmernbers Laura K. Hill, 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 Ben Thatcher, Executive Secretary Kim Bush, Library Administrator Kerry McGeath, Manager of Information Systems Gary Gregg, Audio Visual System Technician Pam Jordan, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Manager of Courts and Utility Billing Sean Leonard, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, 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 5:34 p.m. City Council reviewed the agenda items with city staff and applicants. The following agenda items were added to the consent agenda: 8A to table to the February 15, 2005, City Council meeting; 8B Ordinance No. 480-450 (ZA04-086) deferring the drainage study and plan by the engineering staff until a building permit is requested; 9A Resolution No. 05-001, appointing Keith Shankland as Chairperson of the Board of Directors; 9B Resolution No. 05-002; 9C Resolution No. 05-003; lOA excusing absence of Deputy Mayor Pro Tern Morris from the December 7, 2004, Council meeting; lOB; IOC (ZA04-093) subject to Plat Review Summary No.2, dated December 3, 2004; IOD (ZA04-096) subject to Plat Review Summary No.3, dated December 3,2004; IOE (SP04-252); and lOG (SP04-131) to table to the January 18, 2005, City Council meeting. The work session ended at 6:03 p.m. REGULAR SESSION: Agenda Item No.1. Call to order. The regular seSSIon was called to order by. Mayor Wambsganss at 6:03 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced the 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 6:03 p.m. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005 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. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:46 p.m. and asked if there was any action necessary as a result of the Executive Session. No action was necessary. Agenda Item No.3. Invocation. The invocation was given by Bill Ramsey of The Met Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4Al. Proclamation to 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. Booster Club President Jack Luna presented the Council with championship t-shirts and thanked them for their support. Agenda Item No. 4A2. Proclamation in memory of Coach Charlie Stalcup. Mayor Wambsganss presented a proclamation in memory of Coach Charlie Stalcup to wife Cindy and children Price and Jamie. Mayor Wambsganss adjourned the meeting for a short break at 7:08 p.m. Mayor Wambsganss reconvened the meeting at 7:15 p.m. Agenda Item No. 4E2. Sister Cities nresentation of gifts. Councilmember Terrell made a presentation to the Mayor and to the City by presenting various mementos from Sister City Toyoma, Japan: a banner celebrating Toyoma's 400th Anniversary; a scroll; and a Kendo costume. Dee and Kiko Ekstrom thanked City Council and Councilmember Terrell for their continued involvement in the Sister City Program. Agenda Item No. 4A. Mavor's Renort. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 4B. City Manager's Report. City Manager Campbell updated Council on various joint road construction projects with Tarrant County. Agenda Item No. 4C. SPIN Board Report. Representative Cara White discussed the series of upcoming SPIN forums. Agenda Item No. 4D. Library Board Renort. A written report was included in City Council's packet. Agenda Item No. 4E. Park and Recreation Board Report. Board member Liz Durham announced upcoming meetings and events. Agenda Item No. 4El. Presentation of TRAPS "Advocate of the Year" Awarded to the Libertv Garden Committee. The Southlake Liberty Garden Committee presented the award to the Mayor and read a proclamation received from State Representative Vicki Truitt for the Liberty Garden project. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005 Page 2 of7 I I. I I I I I I I I. I I I I I I I I. I Agenda Item No. 4F. Local Business Reoort. Director Last presented General Manager David Cole from i Fratelli who introduced his business to the Council. Mayor Wambsganss announced the 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 7:43 p.m. Executive Session began at 7:54 p.m. and ended at 8:55 p.m. Mayor Wambsganss reconvened the meeting and asked if there was any action necessary as a result of the Executive Session. No action was necessary. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 5A. Anprove the minutes for the December 7. 2004. regular City Council meeting. Approved as presented. Agenda Item No. 5B. Authorize the City Manager to enter into a settlement agreement with Architectural Utilities Limited Partnershin dba Am General Contractors. Council approved a settlement agreement as discussed in executive session. Agenda Item No. 8A. Ordinance No. 480-446. (ZA04-044). I st Reading. Zoning Change and Concept Plan for Kimball Estates located at 1470 North Kimball Avenue. Current Zoning: SF- lA Single Family Residential District. Reauested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #5. Per the applicant's request this item was tabled to the February 15,2005, Council meeting. Agenda Item No. 8B. Ordinance No. 480-450. (ZA04-086). 1 st Reading. Zoning Change for 1280 Sunshine Lane. Current Zoning: AG Agricultural District. Reauested Zonin~: SF-IA Sin~le Family Residential District. SPIN Neighborhood #3. Senior Planner Killough presented this item to Council during the work session subject to the drainage study and plan being deferred by the engineering staff until a building permit is requested. Agenda Item No. 9A. Resolution No. 05-001. AnDointing a Chairoerson of the Board of Directors of Tax Increment Reinvestment Zone Number One. Director Elam presented this item to Council during the work session. Council appointed Mayor Pro Tem Shankland as Chairperson. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A CHAIRPERSON OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 9B. Resolution No. 05-002. Authorizing the City's intervention before the Railroad Commission of Texas regarding the filing of a gas cost nrudence reyiew by Atmos REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005 Page 3 of7 I I. I I I I I I I I. I I I I I I I I. I Energy Corooration. formerly TXU Gas Company: designating a reoresentative of the City to serve on a steering committee: and reauiring reimbursement of reasonable legal and consultant expenses. Director Elam presented this item to Council in conjunction with Agenda Item No. 9C. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION BY THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS IN GAS UTILITIES DOCKET (GUD) NO. 9530; AUTHORIZING P ARTICIP ATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORPORATION, FORMERLY KNOWN AS TXU GAS COMPANY, IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING A GAS COST PRUDENCE REVIEW RELATED TO A FILING MADE IN SEPTEMBER OF 2004 AS REQUIRED BY THE FINAL ORDER IN GUD NO. 8664; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES. Agenda Item No. 9C. Resolution No. 05-003. SUSllending an interim rate adiustment proposed bv Atmos Energy Corporation. formerly TXU Gas Company: authorizing participation in a steering committee to review the proposed rate increase and recommend further action related to the proposed rate increase: desilplating a reoresentative of the City to serve on the steering committee: authorizing intervention in any proceedings related to the proposed rate increase: and requiring reimbursement of reasonable legal and consultant expenses. Director Elam presented this item to Council in conjunction with Agenda Item No. 9B. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, SUSPENDING THE PROPOSAL BY ATMOS ENERGY CORP. TO IMPLEMENT INTERIM GRIP RATE ADmSTMENTS FOR GAS UTILITY INVESTMENT IN 2003; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., MID- TEX DIVISION, IN A REVIEW AND INQUIRY INTO THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADmSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADmSTMENTS; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTING EXPENSES. Agenda Item No. lOA. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. Mayor Wambsganss presented this item to Council during the work session. Council excused the absence of Deputy Mayor Pro Tem Morris from the December 7, 2004, City Council meeting. A~enda Item No. lOB. Authorize the City Manager to enter into an interlocal agreement between the Town of Highland Park and the City of Southlake regarding the use of a shared radio freauency. Manager of Technical Services Gregg presented this item to Council during the work session. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005 Page 4 017 I I. I I I I I I I I. I I I I I I I I- I Agenda Item No. 10C. ZA04-093. Revised Preliminary Plat for Block 2. Gatewav Plaza Phase II. The nropertv is bounded bv State Highwav 114 on the north side. East Southlake Boulevard on the south side and North Nolen Drive on the west side. Current Zoninll: S-P-2 Generalized Site Plan District. Senior Planner Killough presented this item to Council during the work session. Applicant Terry Wilkinson answered Council's questions. Allenda Item No. 10D. ZA04-096. Plat Revision for Lots .lR1 & 1R2. Block 1. Bonola Family Addition; being a revision of Lot 1. Block 1. Bonola Familv Addition. The nroperty is located on the north side of State Highwav 114. annroximatelv 800 feet east of Shady Lane. Current Zoning:: C-3 General Commercial District. Senior Planner Killough presented this item to Council during the work session. Agenda Item No. 10E. Consider SP04-252. Variance to the Sim Ordinance 704-B for Crystal Clear Wireless located at 2301 West Southlake Boulevard. Suite 200. Senior Planner Killough presented this item to Council during the work session. Agenda Item No. lOG. Consider SP04-131. Variance to the Sim Ordinance 704-B for La Petite Academv located at 1400 West Southlake Boulevard. Council agreed to table this item to the January 18,2005, City Council meeting. Motion was made to approve consent agenda items 5A; 5B settlement agreement as discussed in executive session; 8B Ordinance No. 480-450 (ZA04-086) deferring the drainage study and plan by the engineering staff until a building permit is requested; 9A Resolution No. 05-001, appointing Keith Shankland as Chairperson of the Board of Directors; 9B Resolution No. 05- 002; 9C Resolution No. 05-003; lOA excusing absence of Deputy Mayor Pro Tern Morris from the December 7,2004, Council meeting; lOB; IOC (ZA04-093) subject to Plat Review Summary No.2, dated December 3, 2004; IOD (ZA04-096) subject to Plat Review Summary No.3, dated December 3,2004; 10E (SP04-252); and lOG (SP04-131) to table to the January 18, 2005, City Council meeting. Motion: Shankland Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No.6. Public Forum. No one spoke. Agenda Item No. 7 A. ZA04-063. Revised Development Plan for Pecan Creek. Lot 2R. Block 60. Timarron Addition Phase 5. located on the east side of the 200 block of Byron Nelson Parkway annroximately 500 feet south of East Southlake Boulevard. Current Zoning: R-PUD Residential Planned Unit Develot>ment District. SPIN Neighborhood #ge. Senior Planner Killough presented this item to Council. Applicant John Drews answered Council's questions. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005 Page 5 of7 I I. I I I I I I I I. I I I I I I I I. I Motion was made to approve ZA04-063, Revised Development Plan for Pecan Creek subject to Development Plan Review Summary No.5, dated December 3, 2004; allowing the requested stacking variances; and, noting that a reference on Southlake's Master Thoroughfare Plan should be made showing that Zena Rucker Road will be built on this plan according to the design criteria of this road on the Master Thoroughfare Plan. Motion: Terrell Second: Shankland Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. IOF. Consider SP04-215. Variance to the Sign Ordinance No. 704-B for Albertson's located at 2201 West Southlake Boulevard. Senior Planner Killough presented this item to Council during the work session. Applicant Brian Bush, 213 East McRoy Boulevard, Saginaw, Texas, answered Council's questions. Motion was made to approve SP04-215, Variance to the Sign Ordinance No. 704-B for Albertson's located at 2201 West Southlake Boulevard with the following modifications: channel sign lettering for the words, Save On, and with logo box lettering for the word, Pharmacy, with matching building colored background behind the word Pharmacy. Motion: Terrell Second: Muzyka Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced the 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 9:14 p.m. Executive Session began at 9:20 p.m. and ended at 10:20 p.m. Mayor Wambsganss reconvened the meeting at 10:40 p.m. Agenda Item No. 8C. Ordinance No. 882. 1 st Reading. Appointing an Alternate Municipal Judge and authorizing the Mavor to execute an agreement with the Alternate Municipal Judge and providing an effective date. Motion was made to table Ordinance No. 882, 1 st Reading, to the January 18,2005, City Council meeting. Motion: Second: Ayes: Nays: Approved: Terrell Muzyka I I. I I I I I I I I. I I I I I I I I. I . . Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 10:41 p.m. *An audio recording of this meeting win be permanently retained in the City Secretary's Office. ATTEST: IArik:t ~~()Q City Secretary -A~~ Andy Wambsganss Mayor .~ ",....""" ......' · 'TH II, ...... Qu L.JI ~"" $'!< CO ........;;:r~ '~ $ 0 ... ...~ A\ ::" ~ * 'l. ~~ .. ..... . . - :1-: : : .-. : . : O. 'A ~ - · Iv,," ~ .. I ~ "::. .... .'.1 '" ......... ~fttj " ~, ""'1 **'* ,..,,, III,,,,,,,,,,' REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005 Page 70f7