2006-09-19 Regular CC Meeting
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: SEPTEMBER 19 2006
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:00 to 5:30 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: 5:30 P.M. or immediately following the work session
1. Call to 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
exceptions, at the end of the Regular Session or at any time during the
meeting that a need arises for the City Council to seek advice from the City
Attorney as to the posted subiect matter of this City Council meeting
1. Section 551.071: Consultation with attorney
a. Teresa Dreyer v. City of Southlake, Texas, et. al.
2. Section 551.072: Deliberation regarding real property
a. Discuss purchase of property for park purposes.
3. Section 551.087: Deliberation regarding economic development
negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: David Whitington, Christ Our King Church
4. REPORTS:
A. Mayor's Report
1. Proclamation for National Alcohol and Drug Addiction Recovery Month
B. City Manager's Report
C. Financial Report
City of Southlake
City Council meeting agenda
September 19, 2006
Page 2 of 7
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 from the September 5, 2006, regular City Council meeting.
B. Authorize a professional services agreement with Lee Engineering for design of
three roundabout intersections: Continental Boulevard at South White Chapel
Boulevard, Dove Road at North White Chapel Boulevard, and East Dove Road at
North Carroll Avenue.
C. Authorize the purchase of an internal pipe inspection camera from Green
Equipment Company.
D. Authorize an interlocal agreement with Tarrant County for the rehabilitation of
East Continental Boulevard from 700 linear feet east of Byron Nelson Parkway to
380 linear feet east of Crooked Lane (approximately 7,225 linear feet).
E. Approve a grazing lease between City of Southlake and Roger Hutton.
F. Consider approval of the final landscape for Lot 9, Players Circle Addition
located at 1959 West Southla.ke Boulevard.
G. Consider SP06-393, Variance to Sign Ordinance No. 704-B for Central Market,
located at 1425 East Southlake Boulevard.
H. Resolution No. 06-058, Appoint members to the Senior Advisory Commission.
I. Ordinance No. 480-500, 2nd Reading, (ZA06-088), Zoning Change and Concept
Plan for proposed Miron Grove Business Park, on property described as Lot 4R,
Block 1, Miron Subdivision; located at 300 Miron Drive. Current Zoning: S-P-2
Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan
District. SPIN Neighborhood #8. THE APPLICANT HAS REQUESTED TO
TABLE THIS ITEM TO THE OCTOBER 3, 2006 CITY COUNCIL
MEETING.
J. ZA06-089, Site Plan for Miron Grove Business Park, Phase One, on property
described as portions of Lot 4R, Block 1, Miron Subdivision. Current Zoning: S-
P-2 Generalized Site Plan District. Proposed Zoning: S-P-2 Generalized Site Plan
District. SPIN Neighborhood #8. THE APPLICANT HAS REQUESTED TO
City of Southlake
City Council meeting agenda
September 19, 2006
Page 3 of 7
TABLE THIS ITEM TO THE OCTOBER 3, 2006 CITY COUNCIL
MEETING.
K. Ordinance No. 897, 1" Reading, Amending Chapter 18, Section 18-79 of the
Southlake City Code establishing a new speed limit on a portion of North Carroll
Avenue and on two portions of Kimball Avenue. THIS ITEM HAS BEEN
TABLED TO THE OCTOBER 3, 2006 CITY COUNCIL MEETING.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 898, 2nd Reading, Annual budget for FY 2006-07 and revised
budget figures for FY 2005-06 and multi-year CIP. SECOND PUBLIC
HEARING
B. Ordinance No. 899, 2„d Reading, Tax levy ordinance. SECOND PUBLIC
HEARING
C. Ordinance No. 530-B, 2nd Reading, Amending Chapter 4, Section 1, regarding
"Control and Care" and Section 2 "Procedures, Fees, Length of Stay, Redemption
and Disposal Policies" of the Southlake City Code regarding animals. PUBLIC
HEARING
D. Ordinance No. 480-502, 2nd Reading, (ZA06-122), Zoning Change and Concept
Plan for The Gardens at Stratfort Parc, on a portion of Tract 3A, H. Granberry
Survey, Abstract No. 581; located at 425 West Southlake Boulevard. Current
Zoning: C-2 Local Retail Commercial District. Requested Zoning: SF-20A Single
Family Residential District. SPIN Neighborhood #14. PUBLIC HEARING
E. ZA06-123, Preliminary Plat for The Gardens at Stratfort Parc located at 425 West
Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District.
Proposed Zoning: C-2 Local Retail Commercial District and SF-20A Single
Family Residential District. SPIN Neighborhood #14.
F. Ordinance No. 480-LLL, 2nd Reading, An amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2
Single Family Residential Zoning District. PUBLIC HEARING
G. Ordinance No. 480-MMM, 2nd Reading, Amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to requirements in the
Concept Plan, Development Plan, Site Plan, and Accessory Use sections.
PUBLIC HEARING
City of Southlake
City Council meeting agenda
September 19, 2006
Page 4 of 7
H. Ordinance No. 480-NNN, 2"d Reading, Amendments to the Comprehensive
Zoning Ordinance No. 480, as amended, including sidewalk requirements and
minimum lot size standards for open space lots in residential zoning districts.
PUBLIC HEARING
1. Ordinance No. 483-K, 2°d Reading, Amendments to the Subdivision Ordinance
No. 483, as amended, including sidewalk requirements. PUBLIC HEARING
J. Ordinance No. 480-480, 2nd Reading (ZA05-068), Zoning Change and Concept
Plan for Southlake Crossroads (fk.a. Carroll Crossroads) on property described as
being a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899; located at the
southwest corner of East Southlake Boulevard and South Carroll Avenue. Current
Zoning: AG Agricultural District. Requested Zoning: S-P-2 Generalized Site Plan
District. SPIN Neighborhood #9e. PUBLIC HEARING
K. ZA05-173, Preliminary Plat for Tracts 4G, 4D1, and 4E1, O.W. Knight Survey,
Abstract No. 899. The property is approximately 19.3 acres located approximately
340 feet west of the southwest corner of and East Southlake Boulevard and South
Carroll Avenue. Current Zoning: AG Agricultural District. Proposed Zoning: S-P-
2 Generalized Site Plan District. SPIN Neighborhood #9e.
L. ZA06-114, Revised Site Plan for Bob Jones Park on property located at 3901
North White Chapel Boulevard. Current Zoning: AG Agricultural District. SPIN
Neighborhood #10. PUBLIC HEARING
M. ZA06-107, Site Plan for Watermere at Southlake (f.k.a. Watermark), located at
2809 West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan
District. SPIN Neighborhood #15. PUBLIC HEARING
N. Resolution No. 06-059 (ZA06-124), Specific Use Permit for the sale of alcoholic
beverages at Snuffer's Restaurant located at 431 Grand Avenue East. Current
Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING
0. Resolution No. 06-060 (ZA06-136), Specific Use Permit for the sale of alcoholic
beverages at Wingstop located at 2125 West Southlake Boulevard. Current
Zoning: C-3 General Commercial District. SPIN Neighborhood #16. PUBLIC
HEARING
P. Resolution No. 06-061 (ZA06-140), Specific Use Permit for the sale of alcoholic
beverages at Planet Burrito located at 260 North Kimball Avenue, Suite 262.
Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8.
PUBLIC HEARING
City of Southlake
City Council meeting agenda
September 19, 2006
Page 5 of 7
8. Ordinances, first readings, and related items:
DUE TO THE CITY'S CASE RESOLUTION No. 97-22, THIS ITEM MAY NOT BE
HEARD DUE TO THE NUMBER OF ITEMS ON THIS AGENDA.
A. Ordinance No. 480-465a, 1St Reading (ZA06-137), Zoning Change and Revised
Site Plan for Noble Oaks located at 1121 South Carroll Avenue. Current Zoning:
S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan
District. Spin Neighborhood #8. (If approved at first reading, the public hearing
will be held October 3, 2006.)
9. Resolutions: (There are no items on this agenda)
10. Other items for consideration: (There are no items on this agenda)
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, September 15, 2006, by 6:00 p.m., pursuant to
the Texas Government Code, Chapter 551.
VTH1,q
50°....., kF
Lori A. Farwell, T C _ ;
City Secretary
If you plan to attend this public meeting haw v 'ability that requires special needs, please
advise the City Secretary's Office 48 hours to advance at 817-748-8016 and reasonable
accommodations will be made to assist you.
City of Southlake
City Council meeting agenda
September 19, 2006
Page 6 of 7
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 Southlake vs. Timarron et.al. May 2001.
2. 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.
3. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of
Southlake. March 2005.
4. Kenneth Schmiedel and Maureen Schmiedel, individually and as next friends of
Elizabeth Schmiedel, a minor vs. City of Southlake. August 2006.
5. Teresa Dreyer v. City of Southlake, Texas; Shana Yelverton, individually and in her
official capacity as Southlake City Manager; Kevin Hugman, individually and in his
official capacity as Southlake Human Resources Director; and Chuck Kendrick,
individually and in his official capacity as Southlake Public Works Operations Manager.
September 2006.
Section 551.072: Deliberation regarding real property
The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or
value of real property.
Section 551.073: Deliberation regarding prospective gift 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 re ardin2 personnel 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.
City of Southlake
City Council meeting agenda
September 19, 2006
Page 7 of 7
Section 551.087: Deliberation re ardin economic development ne otiations
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.
Section 418.183(f): 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 meetings to discuss emergency management plans
regarding pipeline safetv
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.
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 19. 2006
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris and
Deputy Mayor Pro Tern John Terrell; and Councilmembers Laura K. Hill, Gregory Jones, and
Virginia M. Muzyka.
CITY COUNCIL ABSENT: Councilmember Vernon Stansell.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, Community Relations Officer Pilar Schank, Audio
Information Systems Technician Sam Cobb, Audio Visual System Technician Pam Jordan,
Director of Community Services Steve Polasek, Deputy Director of Community Services Chris
Tribble, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen
Jackson, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief
Planner Dennis Killough, Director of Public Safety Rick Smith, Chief of Fire Services Robert
Finn, Chief of Police Services Wade Goolsby, Director of Public Works Bob Price, Construction
Manager Clayton Redinger, Public Works Operations Manager Chuck Kendrick, Library
Administrator Kerry McGeath, City Attorney E. Allen Taylor, and City Secretary Lori Farwell.
WORK SESSION:
Agenda Item No.1. Call to order. The work session was called to order by Mayor Wambsganss
at 5 :09 p.m. .
Agenda Item No.2. Discussion of all items on tonight's meeting agenda. There were no items to
discuss.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5: 1 0 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be
going into Executive Session pursuant to the Texas Government Code, Section 551.071,
consultation with 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 5:10 p.m. Executive Session began at 5:29 p.m. and ended at
6:36 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:43
p.m. and asked if any motion was necessary from Executive Session.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006
Page 1 of 12
Motion was made to authorize staff to proceed with making an offer to purchase property as
discussed in executive session.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No.3. Invocation. David Whitington from Christ Our King Church gave the
proclamation. Mayor Wambsganss lead the Pledge of Allegiance.
Agenda Item No. 4A. Mayor's Report. No report was given.
Agenda Item No. 4A1. Proclamation for National Alcohol and Drug Addiction Recovery Month.
Mayor Wambsganss presented this proclamation to Mary Ellen Yarrish of Tarrant County
Challenge, Inc.
Agenda Item No. 4B1. City Manager's Report. City Manager Yelverton addressed press
coverage relating to the City's SOth Anniversary and thanked the media for helping get the word
out about celebrating Southlake's history.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion.
Agenda Item No. SA. Approve the minutes from the September S, 2006, regular City Council
meeting. A presentation was not made on this item.
Agenda Item No. S8. Authorize a professional services agreement with Lee Engineering for
design of three roundabout intersections: Continental Boulevard at South White Chapel
Boulevard, Dove Road at North White Chapel Boulevard, and East Dove Road at North Carroll
A venue. A presentation was not made on this item.
Agenda Item No. Sc. Authorize the purchase of an internal pipe inspection camera from Green
Equipment Company. A presentation was not made on this item.
Agenda Item No. SD. Authorize an interlocal agreement with Tarrant County for the
rehabilitation of E';lst Continental Boulevard from 700 linear feet east of Byron Nelson Parkway
to 380 linear feet east of Crooked Lane (approximately 7,22S linear feet). A presentation was not
made on this item.
Agenda Item No. SE. Approve a grazing lease between City of Southlake and Roger Hutton. A
presentation was not made on this item.
Agenda Item No. SF. Consider approval of the final landscape for Lot 9, Players Circle Addition
located at 19S9 West Southlake Boulevard. Apresentation was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006
Page 2 of 12
Agenda Item No. 5G. Consider SP06-393, Variance to Sign Ordinance No. 704-B for Central
Market, located at 1425 East Southlake Boulevard. A presentation was not made on this item.
Agenda Item No. 5R. Resolution No. 06-058, Appoint members to the Senior Advisory
Commission. This item was tabled to the October 3, 2006, City Council meeting.
Agenda Item No. 51. Ordinance No. 480-500, 2nd Reading, (ZA06-088), Zoning Change and
Concept Plan for proposed Miron Grove Business Park, on propertv described as Lot 4R. Block
I, Miron Subdivision; located at 300 Miron Drive. Current Zoning: S-P-2 Generalized Site Plan
District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. The
applicant requested to table this item to the October 3,2006 City Council meeting.
Agenda Item No. 5J. ZA06-089, Site Plan for Miron Grove Business Park, Phase One, on
property described as portions of Lot 4R. Block I, Miron Subdivision. Current Zoning: S-P-2
Generalized Site Plan District. Proposed Zoning: S-P-2 Generalized Site Plan District. SPIN
Neighborhood #8. The applicant requested to table this item to the October 3,2006 City Council
meeting.
Agenda Item No. 5K. Ordinance No. 897, 1st Reading, Amending Chapter 18, Section 18-79 of
the Southlake City Code establishing a new speed limit on a portion of North Carroll Avenue and
on two portions of Kimball Avenue. This item was tabled to the October 3, 2006 City Council
meeting.
Agenda Item No. 7R. Ordinance No. 480-NNN, 2nd Reading, Amendments to the
Comprehensive Zoning Ordinance No. 480, as amended, including sidewalk requirements and
minimum lot size standards for open space lots in residential zoning districts. This item was
tabled to the October 3,2006 City Council meeting.
Agenda Item No. 71. Ordinance No. 483-K. 2nd Reading, Amendments to the Subdivision
Ordinance No. 483, as amended, including sidewalk requirements. This item was tabled to the
October 3, 2006 City Council meeting.
Agenda Item No. 7J. Ordinance No. 480-480, 2nd Reading (ZA05-068), Zoning Change and
Concept Plan for Southlake Crossroads (f.k.a. Carroll Crossroads) on property described as being
a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899; located at the southwest comer of
East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District.
Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #ge. This item was
tabled to an indefinite time when staff receives written notice of a written access agreement
being in place with the land owner to the west of the subject property with the further
understanding that once these items are placed back on a City Council agenda, City Council is
not currently inclined to accept further tabling requests.
Agenda Item No. 7K. ZA05-173, Preliminary Plat for Tracts 4G, 4DL and 4EL O.W. Knight
Survey, Abstract No. 899. The property is approximately 19.3 acres located approximately 340
feet west of the southwest comer of and East Southlake Boulevard and South Carroll Avenue.
Current Zoning: AG Agricultural District. Proposed Zoning: S-P-2 Generalized Site Plan
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006
Page 3 of 12
District. SPIN Neighborhood #ge.This item was tabled to an indefinite time when staff receives
written notice of a written access agreement being in place with the land owner to the west of the
subject property with the further understanding that once these items are placed back on a City
Council agenda, City Council is not currently inclined to accept further tabling requests.
Motion was made to approve consent agenda items 5A; 5B; 5C; 5D; 5E; 5F; 5G; to table 5H to
the October 3, 2006, City Council meeting; to table items 51 and 5J at the applicant's request to
the October 3, 2006, City Council meeting; to table 5K to the October 3, 2006, City Council
meeting; to table items 7H and 71 to the October 3, 2006, City Council meeting; and to table
items 7J and 7K to an indefinite time when staff receives written notice of a written access
agreement being in place with the land owner to the west of the subject property with the further
understanding that once these items are placed back on a City Council agenda, City Council is
not currently inclined to accept further tabling requests.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. Greg Standerfer, 201 Sheffield Court, Southlake, Texas,
made a short presentation to Council regarding a recent article in the Fort Worth Star Telegram
regarding debt per capita.
Agenda Item No. 7 A. Ordinance No. 898, 2nd Reading, Annual budget for FY 2006-07 and
revised budget figures for FY 2005-06 and multi-year CIP. Mayor Wambsganss introduced this
item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2005-06; APPROVING
AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2006, AND TERMINATING SEPTEMBER 30,2007, AND MAKING APPROPRIATIONS
FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING
ORDINANCES; PROVIDING SAVINGS AND SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 898, 2nd Reading, Annual budget for FY 2006-07
and revised budget figures for FY 2005-06 and multi-year CIP.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006
Page 4 of 12
Approved: 6-0
Agenda Item No. 7B. Ordinance No. 899. 2nd Reading. Tax levy ordinance. Mayor Wambsganss
presented this item. 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 1,2006 AND ENDING SEPTEMBER 30,2007, 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 1,2006, 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; PROVDING FOR PLACE OF PAYMENT; PROVIDING FOR
APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING
FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 899, 2nd Reading, Tax levy ordinance which
formally sets the tax rate at $0.4(>2 per $lQO and acknowledges that property taxes will be
increased by the adoption of a tax rate of $0.462.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7C. Ordinance No. 530-B. 2nd Reading. Amending Chapter 4. Section L
regarding "Control and Care" and Section 2 "Procedures. Fees. Length of Stay. Redemption and
Disposal Policies" of the Southlake City Code regarding animals. Mayor Wambsganss
introduced this item. Chief Goolsby 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 CHAPTER 4, "ANIMALS", ARTICLE II, "CONTROL AND
CARE", OF THE SOUTHLAKE MUNICIPAL CODE, BY AMENDING SECTION 4-31,
"DEFINITIONS" AND SECTION 4~98, "PROCEDURES, FEES, LENGTH OF STAY,
REDEMPTION AND DISPOSAL POLICIES" TO AMEND THE TERM NECESSARY TO
CREATE A PRESUMPTION OF ABANDONMENT; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006
Page 5 of 12
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 530-B, 2nd Reading, Amending Chapter 4, Section
1, regarding "Control and Care" and Section 2 "Procedures, Fees, Length of Stay, Redemption
and Disposal Policies" of the Southlake City Code regarding animals, as presented.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7B. Ordinance No. 899, 2nd Reading, Tax levy ordinance. Mayor Wambsganss
reintroduced this item to make certain there was a public hearing held. Mayor Wambsganss
opened the public hearing. No one spoke. Mayor Wambsganss closed the public hearing. 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 1,2006 AND ENDING SEPTEMBER 30, 2007, 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 1,2006, 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 PENAL TIES AND
INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR
APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING
FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Motion was made to approve Ordinance No. 899, 2nd Reading, Tax levy ordinance which
formally sets the tax rate at $0.462 per $100 and acknowledges that property taxes will be
increased by the adoption of a tax rate of $0.462.' . .. I , .. . . ..
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7D. Ordinance No. 480-502, 2nd Reading, (ZA06-122), Zoning Change and
Concept Plan for The Gardens at Stratfciit Pare,' 011. a' portion of Tract 3A, H. Granberry Survey,
Abstract No. 581; located at 425 West Southlake Boulevard. Current Zoning: C-2 Local Retail
Commercial District. Requested Zoning: SF-20A Single Familv Residential District. SPIN
Neighborhood #14. Chief Planner Killough presented this item to Council in conjunction with
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006
Page 6 of 12
item 7E. Applicants Kosse Maykus and Paul Spain made a presentation and answered Council's
questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed
as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A
PORTION OF TRACT 3A, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT
NO. 581, BEING APPROXIMATELY 11.77 ACRES, AND MORE FULLY AND
COMPLETEL Y DESCRIBED IN EXHIBIT "A" FROM "C-2" LOCAL RETAIL
COMMERCIAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT, AS
DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
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.
Mayor Wambsganss opened the public hearing.
John Khalilian, 301 Sir Georges Court, Southlake, Texas, expressed his concerns regarding this
development.
Mary Dominguez spoke in support of this item.
Mayor Wambsganss closed the public hearing. Council continued discussion of this item.
Motion was made to approve Ordinance No. 480-502, 2nd Reading, (ZA06-122), Zoning Change
and Concept Plan for The Gardens at Stratfort Parc noting the applicant's agreement to place five
shrubs per lot on the western edge of the property in the open space; requiring the street trees to
be four-inch caliper as approved by the city and requiring the applicant to work with the city on
the placement and type of trees along the western boundary; requiring the channel to be exposed
aggregate stained a neutral color; requiring the trails to remain open to the public; requiring the
open space to be retained and maintained by the HOA; granting the requested variances; and
subject to Revised Concept Plan Review Summary No.1, dated September 13,2006; and subject
to City Council's approval on First Reading.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006
Page 7 of 12
Approved: 6-0
Agenda Item No. 7E. ZA06-123. Preliminary Plat for The Gardens at Stratfort Parc located at
425 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District.
Proposed Zoning: C-2 Local Retail Commercial District and SF-20A Single Family Residential
District. SPIN Neighborhood #14. Chief Planner Killough presented this item to Council in
conjunction with item 7E. Applicants Kosse Maykus and Paul Spain made a presentation and
answered Council's questions.
Motion was made to approve ZA06-123, Preliminary Plat for The Gardens at Stratfort Parc
located at 425 West Southlake Boulevard subject to Revised Plat Review Summary No.1, dated
September 13, 2006.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7F. Ordinance No. 480-LLL. 2nd Reading. An amendment to the
Comprehensive Zoning Ordinance No. 480. as amended. as it pertains to the creation ofthe SF-2
Single Family Residential Zoning District. Director Baker presented this item to Council.
Mayor Wambsganss opened the public hearing.
Tim Raley, 440 West Highland Street, Southlake, Texas, spoke in opposition to this amendment
as it is currently proposed.
Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas, spoke in opposition to this amendment
as it is currently proposed.
Mayor Wambsganss read a comment card from Sara Gray, 1275 Shady Oaks Drive, Southlake,
Texas, who did not want to speak but wanted to record her opposition.
Mayor Wambsganss closed the public hearing. Council continued their discussion of this item.
Council agreed to table this item to allow staff additional time for research.
Motion was made to table Ordinance No. 480-LLL, 2nd Reading, An amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2
Single Family Residential Zoning District, to the October 3,2006, City Council meeting.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0 (to table)
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006
Page 8 of 12
Agenda Item No. 7G. Ordinance No. 480-MMM, 2nd Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to requirements in the
Concept Plan, Development Plan, Site Plan, and Accessory Use sections. Director Baker
presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption
for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
AMENDING SECTION 34, ACCESSORY USES, TO CLARIFY BOARDING OF HORSES,
FENCE STANDARDS, AND AMENDING THE ACCESSORY USE TABLE; AMENDING
SECTION 40, TO ADD FENCING AND STREETS CAPE CONCEPT PLANS, OPEN SPACE
MANAGEMENT PLANS, AND LANDSCAPE PLANS TO SUBMITTAL REQUIREMENTS;
AND AMENDING SECTION 41, CONCEPT PLANS TO ADD SUBMITTAL
REQUIREMENTS FOR ON-SITE SEPTIC SYSTEMS; 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.
Mayor Wambsganss opened the public hearing.
Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas, spoke to Council regarding water tanks
and pumps.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480-MMM, 2nd Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to requirements in the
Concept Plan, Development Plan, Site Plan, and Accessory Use sections.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Mayor Wambsganss called for a break at 8:35 p.m. and reconvened the meeting at 5:54 p.m.
Deputy Mayor Pro Tern Terrell did not rejoin the meeting.
Agenda Item No. 7L. ZA06-114, Revised Site Plan for Bob Jones Park on property located at
3901 North White Chapel Boulevard. Current Zoning: AG Agricultural District. SPIN
Neighborhood #10. Chief Planner Killough presented this item to Council.
No one spoke during the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006
Page 9 of 12
Motion was made to approve ZA06-114, Revised Site Plan for Bob Jones Park on property
located at 3901 North White Chapel Boulevard subject to Site Plan Review Summary No.2,
dated August 29,2006.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Wambsganss
Nays: None
Approved: 5-0
Agenda Item No. 7M. ZA06-107, Site Plan for Watermere at Southlake (f.k.a. Watermark),
located at 2809 West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District.
SPIN Neighborhood #15. Chief Planner Killough presented this item to Council. Applicant Rick
Simmons made a presentation and answered Council's questions.
No one spoke during the public hearing. Council discussed this request.
Motion was made to approve ZA06-107, Site' Plan for Watermere at Southlake (f.k.a.
Watermark), located at 2809 West Southlake Boulevard, subject to Site Plan Review Summary
No.2, dated September 1, 2006, and City Council's previous approval on January 16,2006.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Wambsganss
Nays: None
Approved: 5-0
Agenda Item No. 7N. Resolution No. 06-059 (ZA06-124), Specific Use Permit for the sale of
alcoholic beverages at Snuffer's Restaurant located at 431 Grand Avenue East. Current Zoning:
DT Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item
simultaneously with items 70 and 7P. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES
ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 431
GRAND AVENUE EAST, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 6,
BLOCK 14, SOUTHLAKE TOWN SQUARE, PHASE IV, MORE FULL Y AND
COMPLETEL Y DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED
SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B"
AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 06-059 (ZA06-124), Specific Use Permit for the
sale of alcoholic beverages at Snuffer's Restaurant located at 431 Grand Avenue East subject to
the ten year lease.
Motion: Jones
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER.19, 2006
Page 10 of 12
Second:
Ayes:
Nays:
Approved:
Muzyka
Hill, Jones, Morris, Muzyka, Wambsganss
None
5-0
Agenda Item No. 70. Resolution No. 06-060 (ZA06-136), Specific Use Permit for the sale of
alcoholic beverages at Wingstop located at 2125 West Southlake Boulevard. Current Zoning: C-
3 General Commercial District. SPIN Neighborhood # 16. Chief Planner Killough presented this
item simultaneously with items 7N and 7P. In accordance with Section 4.21 of the City Charter,
the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES
ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2125 W.
SOUTHLAKE BOULEVARD, SUITE 375, BEING LEGALLY DESCRIBED AS A PORTION
OF LOT 5, BLOCK 1, SOUTHLAKE CROSSING, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND
PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 06-060 (ZA06-136), Specific Use Permit for the
sale of alcoholic beverages at Wingstop located at 2125 West Southlake Boulevard subject to the
ten year lease.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Wambsganss
Nays: None
Approved: 5-0
Agenda Item No. 7P. Resolution No. 06-061 (ZA06-140), Specific Use Permit for the sale of
alcoholic beverages at Planet Burrito located at 260 North Kimball Avenue, Suite 262. Current
Zoning: C-3 General Commercial District. SPIN Neighborhood #8. Chief Planner Killough
presented this item simultaneously with items 7N and 70. In accordance with Section 4.21 of the
City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES
ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 260 N.
KIMBALL AVENUE, SUITE 262, BEING LEGALLY DESCRIBED AS A PORTION OF
LOT 2A, BLOCK 1, FARRAR ADDITION, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND
PROVIDING AN EFFECTIVE DATE.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006
Page 11 of 12
No one spoke during the public hearing.
Motion was made to approve Resolution No. 06-061 (ZA06-140), Specific Use Permit for the
sale of alcoholic beverages at Planet Burrito located at 260 North Kimball Avenue, Suite 262,
subject to the ten year lease.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Wambsganss
Nays: None
Approved: 5-0
Agenda Item No. 8A. Ordinance No. 480-465a. 1st Reading (ZA06-137). Zoning Change and
Revised Site Plan for Noble Oaks located at 1121 South Carroll Avenue. Current Zoning: S-P-1
Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. Spin
Neighborhood #8. Chief Planner Killough presented this item to Council. Applicant Bill Vaughn,
401 Marshall Road, Southlake, Texas, made a presentation and answered Council's questions.
Motion was made to approve Ordinance No. 480-465a, 1st Reading (ZA06-137), Zoning Change
and Revised Site Plan for Noble Oaks located at 1121 South Carroll Avenue requiring additional
information on the front door facing the street as well as the walkway and landscaping.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Wambsganss
Nays: None
Approved: 5-0
City Council briefly discussed a recent invitation to the Silver Eagle Friends of Scouting Event
on September 27, 2006.
Agenda Item No. 12. Adjournment. Mayor Wambsganss adjourned the meeting at 10:10 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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