2005-01-18 Regular CC Meeting
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: JANUARY 18. 2005
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:30 to 6:00 P.M.
1. Callto 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. Callto 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 meetm2 that a need arises for the City Council to seek
advice from the City Attornev as to the BOlted subiect 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. Seek advice of the city attorney regarding Public Works
investigation.
d. Seek advice of the city attorney regarding claim made by
Schmeidel family.
2. Section 551.074: Deliberation re2ardin2 oersonnel matters
a. Deliberate the appointment of an Alternate Municipal
Judge.
3. Section 551.087: Deliberation re2ardin2 economic develooment
ne20tiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
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City of Soutblake
City Council meeting agenda
January 18, 2005
Page 2 of6
3. INVOCATION: Margy Gore, Good Shepherd Catholic Church
4. REPORTS:
A. Mayor's Report
1. Video and presentation by Southlake Baseball Association
B. City Manager's Report
C. Financial Report
D. School District Report
E. 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 January 4, 2005, regular City Council
meeting and for the January 11, 2005, special City Council meeting.
B. Authorize the Mayor to execute a sanitary sewer easement on park
property.
C. Approve the proposed amended Interlocal Agreement with Carroll
Independent School District for Park, Playground, and Other Recreational
Facilities.
D. ZA04-083, Plat Showing for proposed Lots 9 - 12, LBG Hall No. 686
Addition located on the northwest comer of West Southlake Boulevard
and Shady Oaks Drive. Current Zoning: S-P-l Detailed Site Plan District.
SPIN Neighborhood #13.
E. ZA04-099, Plat Revision for proposed Lot 4Rl, Block 3, Cornerstone
Business Park, located on the west side of Silicon Drive and Exchange
Boulevard. Current Zoning: 0-1 Office District. SPIN Neighborhood #7.
F. Consider SP04-131, Variance to the Sign Ordinance 704-B for La Petite
Academy located at 1400 West Southlake Boulevard. THE APPLICANT
HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY
15, 2005, CITY COUNCIL MEETING.
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City of Southlake
City Council meeting agenda
January 18, 2005
Page 3 of 6
G. Ordinance No. 480-446, (ZA04-044), 15t 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. THE APPLICANT HAS REQUESTED TO TABLE TmS ITEM
TO THE FEBRUARY 15,2005, CITY COUNCIL MEETING.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-450, (ZA04-086), 2nd Reading, Zoning Change for
1280 Sunshine Lane. Current Zoning: AG Agricultural District. Requested
Zoning: SF-IA Single Family Residential District. SPIN Neighborhood
#3. PUBLIC HEARING
B. ZA04-087, Plat Showing for Lots 15-17, F. Throop, No. 1511 located at
1280 Sunshine Lane. Current Zoning: AG Agricultural District. Proposed
Zoning: SF-IA Single Family Residential District. SPIN Neighborhood
#3.
C. Resolution No. 05-004, (ZA04-105), Specific Use Permit for the sale of
alcoholic beverages at Fish City Grill located at 2750 East Southlake
Boulevard, Suite 140. Current Zoning: S-P-2 Generalized Site Plan
District. SPIN Neighborhood #7. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 882, 15t 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 February 1, 2005.)
B. Ordinance No. 598-B, 15t Reading, Ordinance revisions establishing the
Southlake Program for the Involvement of Neighborhoods (SPIN). (If
approved on first reading, the public hearing will be held February 1,
2005.)
9. Resolutions: (There are no items on this agenda.)
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City of Southlake
City Council meeting agenda
January 18, 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. ZA04-107, Plat Revision for proposed Lots lRl - 7R, Block A, 114 &
Carroll Addition located at the northwest intersection of State Highway
114 and North Carroll Avenue. Current Zoning: S-P-2 Generalized Site
Plan District and C-3 General Commercial District. SPIN Neighborhood
#6.
II. Other items for discussion:
A. Wireless Broadband Initiative.
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, January 14, 2005, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Lori A. Farwell, TRMC : I- : * ,,~ ':
City Secretary ~ {3 \ 1 ~ i
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lfyou plan to attend this public meeting ant/'1r9.ve-;.dist2';i/i"ihat requires special needs, please
advise the City Secretary's Office 48 hour;"'in,~'e at 817-481-1490 and reasonable
accommodations will be made to assist you.
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City of Southlake
City Council meeting agenda
January 18,2005
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 ofSouthlake vs. Timarron et.al. May 2001.
2. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City
of Southlake. March 2003.
3. Steve L. Perry and Aline Perry vs. City of Southlake. November 2003.
4. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003.
5. City of South lake 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 DrODertv
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: Deliberation re2ardin2 DrosDective 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 Dersonnel 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 develoDment 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.
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City of Southlake
City Council meeting agenda
January 18, 2005
Page 6 of6
Section 418.183lfl: 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 418.106ld) & le): Local meetine:s to discuss emere:encv manae:ement Dlans
ree:ardine: Dioeline 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.
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CITY OF SOUTHLAKE
OFFICIAL RECORD
REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 18. 2005
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Keith
Shankland and Deputy Mayor Pro Tem Carolyn Morris; and Councilmembers Laura K.
Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: Acting 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, Information Systems Technician Sam Cobb, Director of
Community Services Malcolm Jackson, Deputy Director of Community Services Steve
Polasek, Director of Economic Development Greg Last, Director of Finance Sharen
Elam, Director of Human Resources Kevin Hugman, Senior Planner Dennis Killough,
Planner Ben Bryner, Director of Public Safety Rick Black, Chief of Police Services
Marlin Price, Chief of Fire Services Robert Finn, Director of Public Works Pedram
Farahnak, Deputy Director of Public Works Charlie Thomas, City Attorney Tim Sralla
and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:38
p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items
8B, lOA acknowledging there were no absences to excuse, and lOB subject to Plat
Review Summary No.1, dated December 30, 2004, were added to the consent agenda.
The work session ended at 6:19 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular session was called or order by Mayor
Wambsganss at 6:19 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 551.074, deliberation regarding
personnel matter; Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 6:19 p.m. Executive
Session began at 6:35 p.m. and ended at 7:35 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:40 p.m. The Mayor asked if there was any action necessary as a result of the
Executive Session. No action was necessary.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005
Page 1 of6
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Agenda Item No.3. Invocation. The invocation was given by Margy Gore from Good
Shepherd Catholic Church. Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 4A. Mavor's ReJ>ort. Mayor Wambsganss announced upcommg
meetings and events.
Agenda Item No. 4Al. Video and Dresentation bv Southlake Baseball Association.
Councilmember Jones introduced this item for the Southlake Baseball Association. Lou
Miltenberger presented a video presentation to Council. President of SBA, J.B. Manning,
introduced players and coaches and thanked Brian Small for his good work on the video
and Director Jackson and the Community Services Department for the good work they
do. Kevin Cox discussed the daily issues with the ball fields.
Agenda Item No. 4B. City Manager's Reoort. There was no report given.
Agenda Item No. 4C. Financial Reoort. A written report was included in City Council's
packet.
Agenda Item No. 4D. School District Report. School Board President Dale Crane gave
the school district report for Carroll Independent School District.
Agenda Item No. 4E. Local Business Reoort. Director Last introduced, Mary Davis, of
Roly Poly who introduced her local business to the Council.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion.
Agenda Item No. SA. ADDrove the minutes for the January 4. 2005. regular City Council
meeting and for the January 11. 2005. sDecial City Council meeting. Approved as
presented.
Agenda Item No. 5B. Authorize the Mavor to execute a sanitary sewer easement on Dark
property. Director Jackson presented this item to Council during the work session.
Agenda Item No. 5C. ADDrove the DroDosed amended Interlocal Agreement with Carroll
Indeoendent School District for Park. Playground. and Other Recreational Facilities.
Deputy Director Polasek presented this item to Council during the work session.
Agenda Item No. 5D. ZA04-083. Plat ShowinlZ for DroDosed Lots 9 - 12. LBG Hall No.
686 Addition located on the northwest comer of West Southlake Boulevard and Shady
Oaks Drive. Current Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #13.
Senior Planner Killough presented this item to Council during the work session.
Applicant Terry Wilkinson answered Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005
Page 2 of6
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Agenda Item No. 5E. ZA04-099. Plat Revision for l>rooosed Lot 4Rl. Block 3.
Cornerstone Business Park. located on the west side of Silicon Drive and Exchange
Boulevard. Current Zoning: 0-1 Office District. SPIN Neighborhood #7. Senior Planner
Killough presented this item to Council during the work session.
Agenda Item No. SF. Consider SP04-131. Variance to the Sign Ordinance 704-B for La
Petite Academv located at 1400 West Southlake Boulevard. The applicant requested to
table this item to the February 15, 2005, City Council meeting.
Agenda Item No. 5G. Ordinance No. 480-446. (ZA04-044t 1st Reading. Zoning Change
and Concent Plan for Kimball Estates located at 1470 North Kimball Avenue. Current
Zoning: SF-IA Single Family Residential District. Reauested Zoning: SF-20A Single
Family Residential District. SPIN Neighborhood #5. The applicant requested to table this
item to the February 15, 2005, City Council meeting.
Agenda Item No. 8B. Ordinance No. 598-B. 1st Reading. Ordinance revisions
establishing the Southlake Program for the Involvement of Neighborhoods (SPIN).
Assistant to the City Manager Thatcher presented this item to Council during the work
seSSIOn.
Agenda Item No. lOA. Consider excusing members of the City Council and of the
Planning and Zoning Commission for absences from meetings. There were no absences
to excuse.
Agenda Item No. lOB. ZA04-1 07. Plat Revision for orooosed Lots lRl - 7R. Block A.
114 & Carroll Addition located at the northwest intersection of State Highwav 114 and
North Carroll Avenue. Current Zoning: S-P-2 Generalized Site Plan District and C-3
General Commercial District. SPIN Neighborhood #6. Senior Planner Killough presented
this item to Council during the work session.
Motion was made to approve consent agenda items SA; 5B; 5C; 5D subject to Plat
Review Summary No.4, dated December 30, 2004; 5E subject to Plat Review Summary
No.1, dated December 30, 2004; SF to table to the February 15, 2005, City Council
meeting; 5G to table to the February 15, 2005, City Council meeting; 8B; lOA
acknowledging there were no absences to excuse; and lOB subject to Plat Review
Summary No.1, dated December 30, 2004.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke during the public forum.s
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005
Page 3 0[6
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Agenda Item No. 7 A. Ordinance No. 480-450. (ZA04-086t 2nd Reading. Zoning Change
for 1280 Sunshine Lane. Current Zoning: AG Agricultural District. Reauested Zoning:
SF-IA Single Familv Residential District. SPIN Neighborhood #3. Senior Planner
Killough presented this item to Council. The applicant was present but did not speak. In
accordance with Section 4.21 of the City Charter, the caption for this term is listed as
follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS
OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY
DESCRIBED AS TRACT 3AIDl, SITUATED IN THE F. THROOP SURVEY,
ABSTRACT NO. 1511, BEING APPROXIMATELY 3.95 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF-IA" SINGLE FAMILY RESIDENTIAL
DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE
ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-450, (ZA04-086), 2nd Reading, Zoning
Change for 1280 Sunshine Lane as presented.
Motion: Terrell
Second: Shankland
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7B. ZA04-087. Plat Showing for Lots 15-17. F. ThrooP. No. 1511
located at 1280 Sunshine Lane. Current Zoning: AG Agricultural District. Proposed
Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #3. Senior
Planner Killough presented this item to Council.
Motion was made to approve ZA04-087, Plat Showing for Lots 15-17, F. Throop, No.
1511 located at 1280 Sunshine Lane subject to Plat Review Summary No.2, dated
December 3, 2004.
Motion: Terrell
Second: Muzyka
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005
Page 4 of6
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Ayes:
Nays:
Approved:
Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
7-0
Agenda Item No. 7C. Resolution No. 05-004. (ZA04-105)' Soecific Use Permit for the
sale of alcoholic beverages at Fish City Grill located at 2750 East Southlake Boulevard.
Suite 140. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7.
Senior Planner Killough presented this item to Council. He said the applicant has
indicated the lease on this property is for a term of 10 years. 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
BEGERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, 2750
E. SOUTHLAKE BOULEVARD, SUITE 140, BEING LEGALLY DESCRIBED AS A
PORTION OF LOT 3, BLOCK 2, GATEWAY PLAZA PHASE II, 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. 05-004, (ZA04-105), Specific Use Permit
for the sale of alcoholic beverages at Fish City Grill located at 2750 East Southlake
Boulevard, Suite 140, as presented.
Motion: Terrell
Second: Jones
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 8A. Ordinance No. 882. 1st Reading. Ap~ointing an Alternate
MuniciDal Judge and authorizing the Mavor to execute an agreement with the Alternate
Municioal Judge and oroviding an effective date. Mayor Wambsganss presented this item
to Council.
Motion was made to approve Ordinance No. 882, 1st Reading, Appointing an Alternate
Municipal Judge being Gary Lee Hach and authorizing the Mayor to execute an
agreement with the Alternate Municipal Judge and providing an effective date of
February 1, 2005.
Motion: Shankland
Second: Terrell
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005
Page 5 of6
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Agenda Item No. l1A. Discussion item for wireless broadband initiative. Mayor
Wambsganss introduced this item to Council during the work session. Manager of
Information Systems Gregg presented this item to Council and led a discussion with
them.
Agenda Item No. 12. Meeting ad1ourned. Mayor Wambsganss adjourned the meeting at
8:34 p.m.
* An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
:Et ~ ---
Andy Wambsganss
Mayor
---
ATIEST:
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REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005
Page 6016