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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 7, 2004 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 Councilmembers 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 John Eaglen, Executive Secretary Kim Bush, Library Administrator Kerry McGeath, Manager of Technical Services Gary Gregg, Information Systems Technician Sam Cobb, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Senior Parks Planner Chris Carpenter, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Interim Director of Planning Ken Baker, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Chief of Administration Garland Wilson, Chief of Fire Services Robert Finn, Chief of Police Services Marlin Price, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Director of Public Works Valerie Bradley, City Attorney Tim Sralla, Deputy City Secretary Tara Brooks, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Wambsganss at 5:31 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 9A, 10A, IOB, IOC, IOD, IOF and IOG were added to the consent agenda. The work session ended at 6:23 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order The regular session was called to order by Mayor Wambsganss at 6:23 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; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:01 p.m. Executive Session began at 6:45 p.m. and ended at 7:38 p.m. Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:37 p.m. The Mayor asked if there was any action necessary as a result of the Executive Session. No action was necessary. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004 Page I of 11 Agenda Item No. 3. Invocation The invocation was given by John Watson from Cornerstone Bible Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. Agenda Item No. 4A. Mayor's Report Mayor Wambsganss announced upcoming meetings and events and presented a proclamation to Carolyn Morris for Polycystic Kidney Disease Awareness Month. Agenda Item No. 4B. City Manager's Report Director Black introduced Julie Landesberg who introduced members of the Southlake Mounted Patrol to Council. Director Black thanked the members for their service to the City. City Manager Campbell thanked Assistant to the City Manager Eaglen for his years of work and dedication to the City of Southlake and wished him well in his employment with the City of Frisco. Agenda Item No. 4C. SPIN Report: A written report was included in Council's packet. Agenda Item No. 4D. Library Report: A written report was included in Council's packet. Agenda Item No. 4E. Parks and Recreation Board Report: Emily Galpin announced upcoming Community Service Department events. Liz Durham presented an award to W. Ralph Evans for his work with the Sister Cities organization. Agenda Item No. 4F. Local Business Report: Director Last introduced Dave Learson with Camille's Sidewalk Cafe who introduced his business to Council. Allison Parr with Its About Time Productions discussed her production of the play, State Fair. CONSENT AGENDA: 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. 5A. Approve minutes for the July 28, 2004, City Council work session; the August 17, 2004, regular City Council meeting, the August 17, 2004, City Council work session, the August 24, 2004, City Council budget work session; and the August 31, 2004, special City Council meeting. Approved as presented. Agenda Item No. 5B. Approve the contract with Tarrant County for assessment and collection services for ad valorem taxes. Director Elam presented this item to the Council during the work session. Agenda Item No. 5C. Resolution No. 04 -063, Appointments to the SPIN Standing Committee. Assistant to the City Manager Eaglen presented this item to the Council during the work session. Council approved the following Committee members: SPIN #1, Cara White, through December 2005; SPIN #2, Douglas Harsy, through December 2004; SPIN #3, Alan Hochstein, through December 2005; SPIN 95, Jan Francis, through December 2005; SPIN #9e, Craig Rothmeier, through December 2005; SPIN #9w, Jim Jeppe, through December 2005; SPIN #11, Roger Hutton, through December 2005; SPIN #13, Mike Terry, through December 2005; SPIN #15, Tom Corradino, through December 2005; SPIN #16, Jon Weirsum, through December 2004; and UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004 Page 2 of 11 SPIN Youth, Haley Smith, through December 2004. 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 NEIGHBORHOOD REPRESENTATIVES TO THE STANDING COMMITTEE OF THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING AN EFFECTIVE DATE. Agenda Item No. 5D. Resolution No. 04 -064, Appointment of Laura Hill and John Nussrallah to the Board of Directors for Tax Increment Reinvestment Zone Number One, City of Southlake, Texas. Assistant to the City Manager Eaglen presented this item to the 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 OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF SOUTHLAKE; PROVIDING AN EFFECTIVE DATE. Agenda Item No. 5E. Authorize the City Manager to enter into a contract for the purchase of approximately 6.849 acres of park land at 315 and 379 Shady Oaks Drive. The Mayor announced this item would be tabled to the September 21, 2004, City Council meeting. Agenda Item No. 9A. Resolution No. 04 -060, Authorize the Mayor to execute quitclaim deeds for drainage and utility easement abandonments on Lots 17 & 18, Block 1, Oakwood Estates, Phase IL Director Farahnak presented this item to the Council during the work session. Agenda Item No. 10A. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. City Council excused the absence of Mayor Pro Tem Shankland from the August 31 special meeting. Agenda Item No. IOB. Approve renewal of contract with Aetna for employee medical and dental benefits. Director Hugman presented this item to Council during the work session. Agenda Item No. 10C. ZA04 -057, Revised Preliminary Plat for Block 22, Southlake Town Square, located at 1500 East Southlake Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council during the work session. Agenda Item No. lOD. Consider SPO4 -178, Variance to Sign Ordinance No. 704 -B, Maverick Commercial Real Estate, located at 1680 -1750 East State Highway 114 (westbound access road) Senior Planner Killough presented this item to Council during the work session. Agenda Item No. 10F. Consider SPO4 -185, Variance to Sign Ordinance No. 704 -13, Offices at Byron Nelson, located at 630 East Southlake Boulevard. Senior Planner Killough presented this item to Council during the work session. Applicant Tom Stephen answered Council's questions. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004 Page 3 of 11 Agenda Item No. 10G. Consider SPO4 -186, Variance to Sign Ordinance No. 704 -B, Slender Lady, located at 1101 East State Highway 114, Suite 114 (Carroll Oaks Shopping Center). Senior Planner Killough presented this item to Council during the work session. Applicants Jennifer Lyons, 1101 State Highway 114, Suite 114, Southlake, and Craig Waldrum, 8908 Southern Road, Dallas, answered Council's questions. Motion was made to approve consent agenda items 5A; 513; 5C; 513; 5E to table to September 21, 2004; 9A; 10A; lOB; 10C; lOD; 10F; and 10G approving the increase in letter height to 20 inches but not the lady logo — approving text only. 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 Atoosa Kourosh and Josh Hubregsen of the Spiritual Assembly of the Baha'is of Southlake presented plaques for a "Prayer for America" to Fire Chief Finn and Mayor Wambsganss in remembrance of the attacks on September 11, 2001. Kenneth Horne, 1215 Ashmoore Court, Southlake, spoke to Council regarding the City of Southlake's recent loss of 190 acres of taxable land on State Highway 114. Councilmember Morris stepped out of the room. Agenda Item No. 7A. Approval of Southlake Crime Control and Prevention District FY 2004 -05 Operating Budget and multi -year CIP. Director Elam presented this item to the Council. No one spoke during the public hearing. Motion was made to approve Southlake Crime Control and Prevention District FY 2004 -05 Operating Budget and multi -year CIP. Motion: Shankland Second: Jones Ayes: Jones, Hill, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6 -0 Councilmember Morris returned to the meeting. Agenda Item No. 7B. Ordinance No. 878, 1S Reading, Annual Budget for FY 2004 -05 and revised budget figures for FY 2003 -04 and multi -year CIP City Manager Campbell, Assistant City Manager Yelverton, and Director Elam, presented this item to the Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004 Page 4 of 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2003 -04; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND TERMINATING SEPTEMBER 30, 2005, 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. 878, 1 st Reading, Annual budget for FY2004 -05 and revised budget figures for FY2003 -04 and multi -year CIP. Motion: Shankland Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7C. Ordinance No. 879, 1 st Reading, Tax Levy Ordinance. Director Elam presented this item to the Council. 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, 2004 AND ENDING SEPTEMBER 30, 2005, AND FOR 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, 2004, 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 THEREOF; 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 SEVERABIL,ITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 879, 1 st Reading, Tax Levy Ordinance, approving a rate of $0.462 per one hundred dollar ($100.00) assessed value on all taxable property within the corporate limits of the City of Southlake. Motion: Muzyka Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004 Page 5 of 11 Approved: 7 -0 Agenda Item No. 7D. Ordinance No. 480 -YY, 2nd Reading, An Amendment to the Comprehensive Zoning Ordinance No. 480, Section 4, Definitions and Section 45 Specific Use Permits, as amended, pertaining to petroleum operations, oil and natural gas drilling and production. Interim Director Baker presented this item to the 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; REVISING SECTION 4 DEFINITIONS AND SECTION 45 SPECIFIC USE PERMITS REGARDING PETROLEUM OPERATIONS, AND OIL & GAS DRILLING AND OPERATIONS; 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 PAMPHLET FORM; 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 -YY, 2nd Reading, an amendment to the Comprehensive Zoning Ordinance No. 480, Section 4, Definitions, and Section 45, Specific Use Permits, as amended, pertaining to petroleum operations, oil and natural gas drilling and production. Motion: Shankland Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Auenda Item No. 7E. Ordinance No. 480 -444. 2 Reading (ZA04 -039) Zoninu Chanize and Site Plan for Cedar Ridge Offices. The property is located on the northwest corner of State Highway 114 and North Carroll Avenue. Current Zoning: C -3 General Commercial District. Reauested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #6. Senior Planner Killough presented this item to the Council. Applicant Dan Anderson, 5950 Birkshire Lane, Dallas, gave 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 A PORTION OF LOT 1, BLOCK A, 114 & CARROLL ADDITION; AND BEING 11.587 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -3" GENERAL COMMERCIAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH LIMITED "C -3" GENERAL COMMERCIAL DISTRICT USES, AS UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004 Page 6 of 11 DEPICTED ON THE APPROVED SITE 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; 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 -444, 2nd Reading (ZA04 -039) Zoning Change and Site Plan for Cedar Ridge Offices subject to Revised Site Plan Review Summary No. 4, dated September 1, 2004, as approved on 1 st Reading; granting the requested variances on articulation; granting the requested variance for parking islands as proposed; granting the requested variance for mechanical equipment screening; granting the requested variance for drive stacking; and subject to applicant's agreement with Montessory Academy. Motion: Terrell Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7F. ZA04 -059, Site Plan for Proposed Lot 5, Cedar Ridge, on property located on the northwest corner of State Highway 114 and North Carroll Avenue, south of Highland Street. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #6. Senior Planner Killough presented this item to the Council. No one spoke during the public hearing. Motion was made to approve ZA04 -059, Site Plan for proposed Lot 5, Cedar Ridge, subject to Site Plan Review Summary No. 1, dated July 30, 2004, specifically approving the requested variance. Motion: Terrell Second: Shankland Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7G. ZA04 -040, Plat Revision for Lots 1R1 through 1R7, Block A, 114 & Carroll Addition, located on the northwest corner of State Highway 114 and North Carroll Avenue. Current Zoning: C -3 General Commercial District. Proposed Zoning: S -P -1 Detailed UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004 Page 7 of 11 Site Plan District. SPIN Neighborhood #6 . Senior Planner Killough presented this item to the Council. Motion was made to approve ZA04 -040, Plat Revision for Lots 1R1 through 1R7, Block A, 114 & Carroll Addition, subject to Revised Plat Review Summary No. 2, dated July 30, 2004. Motion: Terrell Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Mayor Wambsganss announced the Council would be taking a break at 9:38 p.m. The Mayor reconvened the meeting at 9:55 p.m. Agenda Item No. 7H. Ordinance No. 480 -443, 2nd Reading (ZA04 -026) Zoning Change and Site Plan for Carroll Terrace, located at 600 North Carroll Avenue. Current Zoning: 0-1 Office District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #10. Senior Planner Killough presented this item to the Council. Applicant, John Bolton, 700 North Carroll Avenue, Southlake, 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 TRACT 5D, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 695; AND BEING 2.62 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "O -1" OFFICE DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH LIMITED "O -1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE 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; 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 -443, 2nd Reading (ZA04 -026) Zoning Change and Site Plan for Carroll Terrace subject to Site Plan Review Summary No. 4, dated September 1, 2004, approving the requested variances. Motion: Terrell UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004 Page 8 of 11 Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Auenda Item No. 7I. ZA04 -024. Preliminary Plat for Carroll Terrace. located at 600 North Carroll Avenue. Current Zoning: 0-1 Office District. Reauested Zoniniz: S -P -1 Detailed Site Plan District. SPIN Neighborhood #10 Senior Planner Killough presented this item to the Council. Applicant, John Bolton, 700 North Carroll Avenue, Southlake, answered Council's questions. Motion was made to approve ZA04 -024, Preliminary Plat for Carroll Terrace, subject to Plat Review Summary No. 3, dated July 2, 2004. Motion: Terrell Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Auenda Item No. 7J. Ordinance No. 480 -445. 2nd Reading (ZA04 -043) Zoning Chance and Site Plan for Shady Oaks Office, located on the northwest corner of the intersection of West Southlake Boulevard and Shady Oaks Drive. The property address is 606 West Southlake Boulevard. Current Zoning: AG Auricultural District. Reauested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #13. Senior Planner Killough presented this item to the Council. Applicant, Terry Wilkinson, 751 East Southlake Boulevard, Southlake, 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 3B AND 3134A, SITUATED IN THE L.B.G. HALL SURVEY, ABSTRACT NO. 686; AND BEING 4.008 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "O -1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE 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; PROVIDING A SEVERABIL,ITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004 Page 9 of 11 No one spoke during the public hearing. Motion was made to approve Ordinance No. 480 -445, 2nd Reading (ZA04 -043) Zoning Change and Site Plan for Shady Oaks Office subject to Site Plan Review Summary No. 4, dated September 1, 2004, subject to TxDOT approval of the driveway placement on Southlake Boulevard and granting requested variances. Motion: Jones Second: Muzyka Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 10E. Consider SPO4 -181, Amendment to Gateway Plaza, Phase 1 Conditional Sign Permit, for Shogun restaurant, located at 2790 East Southlake Boulevard. Senior Planner Killough presented this item to the Council. The applicant was not present to answer Council's questions. Motion was made to deny SPO4 -181, amendment to Gateway Plaza, Phase 1, Conditional Sign Permit, for Shogun Restaurant. Motion: Shankland Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Vote: 7 -0 (to deny) 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; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 10:27 p.m. Executive Session began at 10:38 p.m. and ended at 11:48 p.m. Reconvene Mayor Wambsganss reconvened the regular meeting at 11:48 p.m. The Mayor asked if there was any action necessary as a result of the Executive Session. No action was necessary. Agenda Item No. 11A. Cable Franchise Agreement negotiations with Verizon Assistant to the City Manager John Eaglen presented this item to Council during the work session. No action was taken on this item. Agenda Item No. 11B. Southlake Town Square development There was no discussion on this item. No action was taken on this item. Agenda Item No. 12. Meeting adjourned Mayor Wambsganss adjourned the meeting at 11:48 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2004 Page 10 of 11 *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, SEPTEMBER 7, 2004 Page 11 of 11