Item 5ACITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: MAY 17, 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 Councilmembers Gregory
Jones, and John Terrell (left meeting at 7:16p. m.).
CITY COUNCIL ABSENT: Councilmembers Laura K. Hill and Virginia M. Muzyka.
STAFF PRESENT City Manager Shana Yelverton, Interim Deputy City Manager
Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim
Bush, Library Administrator Kerry McGeath, Manager of Technical Services Gary
Gregg, Information Systems Technician Sam Cobb, Deputy Director of Community
Services Steve Polasek, Director of Economic Development Greg Last, Director of
Finance Sharen Elam, Director of Planning Ken Baker, Chief Planner Dennis Killough,
Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie
Thomas, City Attorney E. Allen Taylor, 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
8B and l0A were added to the consent agenda. The work session ended at 6:00 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:00 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, and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 6:00 p.m. Executive Session began at 6:28 p.m. and ended at 7:16 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:20 p.m. The Mayor asked if there was any action necessary as a result of the
Executive Session. No action was necessary.
Councilmember Terrell left the meeting at 7:16 p.m.
Agenda Item No. 3. Invocation. The invocation was given by Todd Renner from White's
Chapel United Methodist Church. Mayor Wambsganss led the pledge of allegiance.
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Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming
meetings and events.
Agenda Item No. 4B. City Manager's Report. There was no report given.
Agenda Item No. 4C. Financial Report A written report was included in the Council's
packets.
Agenda Item No. 4D. Local Business Report. Director Last introduced Ron Gentry from
Kincaid's Hamburgers who introduced his business to Council.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion.
Agenda Item No. 5A. Approve the minutes for the May 3, 2005, regular City Council
meeting. Approved as presented.
Agenda Item No. 5B. Authorize the City Manager to enter into an Interlocal Agreement
with Tarrant Appraisal District for Pictometry License. Director Baker presented this
item to Council during the work session.
Agenda Item No. 5C. ZA05 -041, Plat Revision for proposed Lots 7 through 14, Block
3R, Cimmarron Acres Addition; being a revision of Lots 5R1 through 5R5, 6R1, and
6R2, Block 3, Cimmarron Acres Addition located on the northeast corner of Pearson
Lane and West Southlake Boulevard. Current Zoning: SF-IA Single Family Residential
District and C -2 Local Retail Commercial District. SPIN Neighborhood #15. Chief
Planner Killough presented this item to Council during the work session.
Agenda Item No. 5D. Authorize the City Manager to enter into an agreement with the
U.S. Army Corps of Engineers for placement of a historical marker. Deputy Director
Polasek presented this item to Council during the work session.
Agenda Item No. 8B. Ordinance No. 480 -457 (ZA05 -033), 1 st Reading, Zoning Change
for Tracts 2A, 2A1, 2A6, and 2A7, C. Dart Survey, Abstract No. 2003; Tracts 4A1 and
4D, W. Martin Survey, Abstract No. 1068, located at 1285, 2195 Randol Mill Avenue
and 1340 Robin Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-
IA Single Family Residential District. SPIN Neighborhood #12. Chief Planner Killough
presented this item to Council during the work session.
Agenda Item No. 10A. Authorize the Mayor to execute a Commercial Developer's
Agreement for the construction of Parkwood Drive and the associated public utilities to
serve French Square Office Complex. Deputy Director Thomas presented this item to
Council during the work session. Applicant Bruce Gaston, 1828 Boyd Court, Carrollton,
Texas, answered Council's questions on this item. He agreed that with city
reimbursement, he would place wrought iron fencing and shrubs at the time of
construction to prohibit traffic from crossing over into the Senior Center parking lot.
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Motion was made to approve consent agenda items 5A; 513; 5C subject to Plat Review
Summary No. 1, dated April 29, 2005; 513; 813; and l0A requiring staff to develop a plan
providing a barrier and protecting the Senior Center area from cut - through traffic with
plantings and /or fencing to be installed by the applicant and to be reimbursed by the City.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4 -0
REGULAR AGENDA:
Agenda Item No. 6. Public Forum. Marke Smith thanked the City Council for their
support of the recent Leukemia Cup Regatta.
Agenda Item No. 7A. Ordinance No. 480- 454,(ZA05 -022), 2nd Reading, Zoning Change
and Concept Plan for The Shops at Southlake ( Southlake Central Park — Central Market),
being approximately 29 acres located on the southeast corner of East Southlake
Boulevard and South Carroll Avenue; and being legally described as Tract 7A, J. A.
Freeman Survey, Abstract No. 529. Current Zoning: S -P -2 Generalized Site Plan District.
SPIN Neighborhood #7. Chief Planner Killough presented this item to Council.
Applicant David Palmer from Cencor Realty introduced members of the Central Market
team to Council: Todd Pilon, Stephen Butt, Greg Beam, Karen Easterling, and Janet
Seltzer. He presented this item and answered Council's questions. Council discussed this
item. 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 SOUTfiLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS
OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY
DESCRIBED AS TRACT 7A, SITUATED IN THE JOHN A. FREEMAN SURVEY,
ABSTRACT NO. 529, AND BEING APPROXIMATELY 29.13 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2"
GENERALIZED SITE PLAN DISTRICT TO "S -P -2" GENERALIZED SITE PLAN
DISTRICT WITH LIMITED "C -3" GENERAL COMMERCIAL DISTRICT USES, 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
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OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
Mayor Wambsganss opened the public hearing.
The following people spoke in opposition:
Mark and Lesli Griffith, 1210 Westmont Drive, Southlake, Texas; and,
Thomas Drake, 1212 Westmont Drive, Southlake, Texas.
The following people spoke in support:
Ken Grossman, 217 Westwood Drive, Southlake, Texas;
Joe Kienast, 1518 Main Street, Southlake, Texas;
Brian Zvonecek, 513 Fox Glen, Southlake, Texas;
Carolyn Hobbs, 1404 Chimney Works, Southlake, Texas;
Lennie Segal, 1025 Davis Boulevard, Southlake, Texas;
Noriko Kimball, 680 Truelove Trail, Southlake, Texas; and,
Jay Marsh, 1627 Mockingbird Lane, Southlake, Texas.
The following people did not speak but recorded their opposition:
Sam Poonawala, 302 Lakeside Court, Southlake, Texas;
The following people did not speak but recorded their support:
Tom Julia, 1504 Main Street, Southlake, Texas;
Robert Loepp, 907 Brazos Drive, Southlake, Texas;
Deanna Kienast, 1518 Main Street, Southlake, Texas;
Mike and Rita Mills, 714 Wentwood Drive, Southlake, Texas;
Carol Smith, 1008 Hanover Drive, Southlake, Texas;
Muguette Alder, 606 Chandon Court, Southlake, Texas;
Peggy Firestone, 1403 Chardonnay Court, Southlake, Texas;
Maureen Julian, 504 Morningside Drive, Southlake, Texas;
Vicki and Jerry Kight, 509 Regency Crossing, Southlake, Texas;
Beate Egerton, 604 Chandon Court, Southlake, Texas;
Liz Jackson, 505 Regency Crossing, Southlake, Texas;
Penny Pannell, 1429 Kensington Court, Southlake, Texas; and,
Pattie Minder, 223 Eastwood Southlake, Texas.
A petition, in support, with seven names was also presented to Council.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480 -454, (ZA05 -022), 2nd Reading, Zoning
Change and Concept Plan for The Shops at Southlake ( Southlake Central Park — Central
Market), subject to the Revised Concept Plan Review Summary No. 2, dated May 11,
2005 and the conditions of the first reading approval with the following amendments:
Incorporating the "Design Guidelines for the Shops of Southlake" into the "S -P-
2" zoning development regulations as presented in the City Staff Report dated
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May 11, 2005;
• Eliminating movie theaters, auditoriums and kennels or boarding facilities as
permitted uses;
• Requiring the building architecture to meet or exceed the standards demonstrated
by the rendering provided at tonight's meeting;
• Requiring the landscape buffer along the south boundary of the development to
meet or exceed the standards demonstrated by the plan presented at tonight's
meeting such that it still remains compliant with City regulations;
• Providing dual left turn lanes on north bound Carroll Avenue at the intersection of
East Southlake Boulevard in addition to the traffic enhancement
recommendations noted in the City Staff Report dated May 11, 2005;
• Clarifying that the building setbacks along South Carroll Avenue and East
Southlake Boulevard shall be based on the existing R.O.W. as shown on the plan
(this is to accommodate any R. 0. W. dedication needed for traffic mitigation
improvements);
• Requiring Central Market to be the anchor tenant; and,
• With the site plan, providing an acoustic barrier or device to mitigate any noise
related issues along the south boundary line of the site in accordance with the
analysis and recommendations of an acoustic engineer.
Motion:
Jones
Second:
Shankland
Ayes:
Jones, Morris, Shankland, Wambsganss
Nays:
None
Approved:
4 -0
Auenda Item No. 7B. ZA05 -023. Preliminary Plat for The Shobs At Southlake
( Southlake Central Park — Central Market), being approximately 29 acres located on the
southeast corner of East Southlake Boulevard and South Carroll Avenue. Current Zoning:
S -P -2 Generalized Site Plan District. SPIN Neighborhood 97. Chief Planner Killough
presented this item to Council.
Motion was made to approve ZA05 -023 subject to Revised Plat Review Summary No. 2,
dated May 11, 2005.
Motion: Jones
Second: Morris
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4 -0
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Mayor Wambsganss called for a break at 8:56 p.m. Mayor Wambsganss reconvened the
meeting at 9:18 p.m.
Agenda Item No. 7C. Ordinance No. 480 -455, (ZA05 -027), 2nd Reading, Zoning Change
and Concept Plan for proposed Lot 21, T.M Hood No. 706 Addition, being legally
described as Tract 11A02, T.M. Hood Survey, Abstract No. 706. The property is located
at 600 Shady Oaks Drive. Current Zoning: AG Agricultural District. Requested Zoning_
SF -20A Single Family Residential District. SPIN Neighborhood #13. Chief Planner
Killough presented this item to Council. 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 11A2, SITUATED IN THE THOMAS M. HOOD SURVEY,
ABSTRACT NO. 706, BEING APPROXIMATELY 1.00 ACRE, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL
DISTRICT TO "SF -20N' 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 -455, (ZA05 -027), 2 Reading, Zoning
Change and Concept Plan for proposed Lot 21, T.M Hood No. 706 Addition subject to
Concept Plan Review Summary No. 1 dated April 15, 2005.
Motion: Jones
Second: Shankland
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4 -0
Auenda Item No. 7D. Resolution No. 05 -008. (ZA04 -090)_ SDecif c Use Permit for a
telecommunications antenna located on Lot 1R, Block 1, Carroll High School Addition
located at 1501 West Southlake Boulevard. Current Zoning: S -P -1 Detailed Site Plan
District. SPIN Neighborhood #16. Chief Planner Killough presented this item to Council.
Applicant Peter Kavanagh, 1620 Handley, Drive, Suite A, Dallas, Texas, made a
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presentation and answered Council's questions. In accordance with Section 4.21 of the
City Charter, the caption for this term is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR TELECOMMUNICATIONS
TOWERS, ANTENNAS AND ANCILLARY STRUCTURES ON PROPERTY
WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS
LOT IR, BLOCK IR, CARROLL HIGH SCHOOL 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.
Mayor Wambsganss opened the public hearing.
Rick McGovern, 1406 Cambridge Crossing, Southlake, Texas, spoke in opposition.
Mike and Rita Mills, 714 Wentwood Drive, Southlake, Texas, did not wish to speak but
recorded their support.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Resolution No. 05 -008, (ZA04 -090), Specific Use Permit
for a telecommunications antenna located on Lot 1R, Block 1, Carroll High School
Addition, subject to Site Plan Review Summary No. 2, dated January 14, 2005, and
subject to the Planning and Zoning Commission's recommendations, maintaining the
light tan color in perpetuity.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4 -0
Agenda Item No. 7E. ZA05 -016, Site Plan for St. John Baptist Church located on the
southwest corner of Crooked Lane and South Kimball Avenue. Current Zoning: CS
Community Service District. SPIN Neighborhood #8. Chief Planner Killough presented
this item to Council. Applicant Rodney Johnson, 3610 Bentfield Place, Arlington, Texas,
made a presentation and answered Council's questions. Architect Ron Mabry, 100 South
College, Tyler, Texas, answered Council's questions.
Mayor Wambsganss opened the public hearing.
Pattie Minder, 223 Eastwood Drive, Southlake, Texas spoke in support.
Mayor Wambsganss closed the public hearing.
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Motion was made to approve ZA05 -016, Site Plan for St. John Baptist Church, subject to
Site Plan Review Summary No. 3, dated April 29, 2005, requiring the applicant to work
with staff to create a more efficient layout of driveways and interior circulation; subject
to the Planning and Zoning Commission's recommendations; and incorporating as an
exhibit the new drawing showing the expanded bufferyard and the relocation of the
detention pond to the I -1 zoned lot to the south and making the appropriate changes to the
parking lot.
Motion: Jones
Second: Morris
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4 -0
Agenda Item No. 7F. ZA05 -032, Revised Site Plan for Lot 3, Block 2, Gateway Plaza
Phase II, Red Hot and Blue located at 2750 East Southlake Boulevard, Suite 100. Current
Zoning: S -P -2 Generalized Site Plan District with C -3 General Commercial District uses.
SPIN Neighborhood #7. Chief Planner Killough presented this item to Council.
Applicant Paul Timmons, 7624 Silverleaf Drive, North Richland Hills, Texas, answered
Council's questions.
Mayor Wambsganss opened the public hearing.
Robert Loepp, 907 Brazos Drive, Southlake, Texas did not speak but recorded his support
of this item.
Mayor Wambsganss closed the public hearing.
Motion was made to approve ZA05 -032, Revised Site Plan for Lot 3, Block 2, Gateway
Plaza Phase II, Red Hot and Blue subject to Revised Site Plan Review Summary No. 2,
dated April 29, 2005, recognizing the applicant's agreement to brick the east side of the
storage facility to match the east side of the building; recognizing the applicant's
willingness to enhance the outside seating area with plantings; and noting the pavement
area shown on the drawing for pick -ups will be removed per approval of the Fire
Marshal.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4 -0
Auenda Item No. 7G. Resolution No. 05 -024. (ZA05 -042)_ SDecifc Use Permit for the
sale of alcoholic beverages at Red Hot and Blue located at 2750 East Southlake
Boulevard_ Suite 100. Current Zoning: S -P -2 Generalized Site Plan District with C -3
General Commercial District uses. SPIN Neighborhood #7. Mayor Wambsganss read this
item into the record. In accordance with Section 4.21 of the City Charter, the caption for
this term is listed as follows:
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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 2750 E. SOUTHLAKE BOULEVARD, SUITE 100, BEING LEGALLY
DESCRIBED AS A PORTION OF LOT 3, BLOCK 2, GATEWAY PLAZA PHASE II,
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. 05 -024, (ZA05 -042), Specific Use Permit
for the sale of alcoholic beverages at Red Hot and Blue located at 2750 East Southlake
Boulevard, Suite 100, for a term of ten years.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4 -0
Agenda Item No. 8A. Ordinance No. 480 -456 (ZA05 -020), 1 st Reading, Zoning Change
and Concept Plan for proposed Kimball Hills being legally described as Tracts 3, 313, 3C,
and 3D, J.A. Freeman Survey, Abstract No. 529, located at 616 and 620 South Kimball
Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF -20A Single
Family Residential District. SPIN Neighborhood #8. Chief Planner Killough presented
this item to Council. Applicant Marcel Bosworth, 620 South Kimball Avenue, Southlake,
Texas, answered Council's questions.
Mayor allowed the following people to speak.
Pattie Minder, 223 Eastwood Drive, Southlake, Texas, addressed several concerns
regarding this item.
Jeff Wang, 595 South Kimball Avenue, Southlake, Texas, spoke in support.
Motion was made to approve Ordinance No. 480 -456 (ZA05 -020), 1 st Reading, Zoning
Change and Concept Plan for proposed Kimball Hills, subject to Concept Plan Review
Summary No. 3, dated April 29, 2005, subject to the recommendations of the Planning
and Zoning Commission; stating that this will be a public street with a street stub to the
south with the exact location to be determined; accepting applicant's commitment to put
masonry fencing on the south side to a point where the property no longer joins the I -1
zoned property; requiring the drainage to be controlled on site; recognizing the
applicant's commitment to place trees along the west property line; recognizing the
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applicant's commitment to evaluate the possibility of making the street curvilinear; and
recognizing that the end lot on the cul -de -sac will become one large lot.
Motion: Morris
Second: Jones
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4 -0
Agenda Item No. lOB. Consider SP05 -112, Variance to the Sign Ordinance No. 704 -B
for The Carpet Mill Outlet, Inc., located at 2360 East State Highway 114, Suites 2354
and 2356. Chief Planner Killough presented this item to Council. Applicants Kathy Niles,
2356 Highway 114, Southlake, Texas, and Scott Burt, Waynco Sign Graphics, 4613
Manning Drive, Colleyville, Texas, answered Council's questions. Council discussed this
request.
Motion was made to table Agenda Item No. lOB, SP05 -112, to the June 7, 2005, Council
meeting and to allow a banner sign of up to a maximum of 112 square feet to be placed
on the storefront for a period of time up to 45 days.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4 -0
Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
11:36 p.m.
*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
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