Item 5ACITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: JUNE 7, 2005
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss (left meeting at 8:45 p.m.),
Mayor Pro Tern Keith Shankland (arrived at 5:45 p.m.) and Deputy Mayor Pro Tern
Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones (arrived at 6:13
p.m.), and Virginia M. Muzyka.
CITY COUNCIL ABSENT: Councilmember John Terrell.
STAFF PRESENT City Manager Shana Yelverton, Interim Deputy City Manager
Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim
Bush, Manager of Technical Services Gary Gregg, Information Systems Technician Sam
Cobb, Audio Visual Technician Pam Jordan, Director of Community Services Malcolm
Jackson, Deputy Director of Community Services Steve Polasek, Landscape
Administrator Keith Martin, Interim Director of Public Safety Rick Smith, Interim Chief
of Police Marlin Price, Director of Economic Development Greg Last, Economic
Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Municipal
Court Judge Carol Montgomery, Director of Human Resources Kevin Hugman, Director
of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Works
Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Construction
Manager Clayton Redinger, 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 5:30
p.m. City Council reviewed the agenda items with city staff and applicants. Agenda item
8A was added to the consent agenda. The work session ended at 6:16 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:16 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss adjourned the meeting at
6:16 p.m. There was no executive session held.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 6:59 p.m.
Agenda Item No. 3. Invocation. The invocation was given by Coy Quesenbury from
Lonesome Dove Baptist 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. 4AL Oaths of Office for Councilmembers Place 1 and Place 6. Judge
Montgomery gave the oaths of office for Laura K. Hill for Place 1 and Carolyn Morris,
for Place 6.
Mayor Wambsganss recessed the meeting for a short break and invited everyone to the
foyer for punch and cake at 7:11 p.m.
Mayor Wambsganss reconvened the meeting at 7:25 p.m.
Agenda Item No. 4A2. Presentation of Tree City USA and Growth Award. Landscape
Administrator Martin introduced Courtney Blevins from the Texas Forest Service who
presented the Tree City USA and the Growth Award to the Mayor.
Agenda Item No. 4A3. Southlake Sidewalk Sale. Economic Development Specialist
Wagoner presented information on the upcoming Southlake Sidewalk Sale.
Agenda Item No. 4B. City Manager's Report. There was no report given.
Agenda Item No. 4C. Library Board Report. A written report was given 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 17, 2005, regular City Council
meeting. Approved as presented.
Agenda Item No. 5B. Resolution No. 05-025, of the Mayor Pro Tem and
the Deputy Mayor Pro Tem. Mayor Wambsganss presented this item during the work
session. He recommended Keith Shankland for Mayor Pro Tem and Carolyn Morris for
Deputy Mayor Pro Tem.
Agenda Item No. 5C. Authorize the City Manager to purchase 60 desktop personal
computers and monitors and 12 printers from Dell Computer for $56,025.56 (State Bid).
This item was reviewed by Council during the work session.
Agenda Item No. 5D. Authorize the Mayor to enter into a three year lease
agreement between Applied Concepts, Inc., of Plano and the City of Southlake for 21
vehicle mounted radars for a total of $46,095. This item was reviewed by Council during
the work session.
Agenda Item No. 5E. Authorize the Mayor to execute a commercial developer's
aureement for Carroll Terrace located at the northwest corner of the intersection of North
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Carroll Avenue and Southcrest Court. This item was reviewed by Council during the
work session.
Agenda Item No. 5F. Authorize the Mayor to execute a commercial developer's
agreement for Players Circle Addition located on the south side of West Southlake
Boulevard across from Meadowlark Lane. This item was reviewed by Council during the
wok session.
Agenda Item No. 5G. Authorize the Mayor to execute a residential developer's
agreement for Brentwood Addition located on the east side of North White Chapel
Boulevard approximately 1,000 feet south of Dove Street. This item was reviewed by
Council during the work session.
Agenda Item No. 5H. Consider SP05 -114, Variance to Sign Ordinance No. 704 -B for
Hobert Pools located at 2360 East State Highway 114. Chief Planner Killough presented
this item to Council during the work session, in conjunction with agenda items 5I and 5J.
Agenda Item No. 5I. Consider SP05 -127, Variance to Sign Ordinance No. 704 -B for
Carried Away located at 2360 East State Highway 114, Suite 2362. Chief Planner
Killough presented this item to Council during the work session, in conjunction with
agenda items 5H and 5J.
Agenda Item No. 5J. Consider SP05 -112, Variance to Sign Ordinance No. 704 -B for The
Carpet Mill Outlet, Inc., located at 2360 East State Highway 114, Suites 2354 & 2356.
Chief Planner Killough presented this item to Council during the work session, in
conjunction with agenda items 5H and 5I.
Agenda Item No. 5K. Consider SP05 -131, Variance to Sign Ordinance No. 704 -B for Lot
2R1R, Cornerstone Business Park located at 405 South Nolen Drive. Chief Planner
Killough presented this item to Council during the work session. Applicants Max
Kruegler, 708 Nettleton, Southlake, Texas, and Mark Kursey, 1513 Penbrook Court,
Keller, Texas, answered Council's questions.
Agenda Item No. 5L. Ordinance No. 480 -451, 1 st Reading (ZA04 -101), Zoning Change
for Tracts 1AlA2, and lAlA2D, B.J. Foster Survey, Abstract No. 519. The property is
located on the north side of Gifford Court, approximately 300 feet east of Randol Mill
Avenue. Current Zoning is AG Agricultural District. Requested Zoning is SF-IA Single
Family Residential District. SPIN Neighborhood #12. The applicant has requested to
table this item to the July 5, 2005 City Council meeting. Since no meeting will be held
that day, this item will be tabled to July 19, 2005.
Agenda Item No. 5M. Consider excusing members of the City Council and of the
Planning and Zoning Commission for absences from meetings. Mayor Wambsganss
presented this item to the Council. Councilmembers Hill and Muzyka were absent from
the May 17, 2005 City Council meeting and Commissioner Donald Coonan was absent
from the May 19, 2005 Planning and Zoning Commission meeting.
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Agenda Item No. 8A. Ordinance No. 878 -A, 1S Reading, Amending Ordinance No. 878,
amending Fiscal Year 2004 -05 Annual Budget. Director Elam presented this item to
Council during the work session.
Motion was made to approve consent agenda items 5A; 5B appointing Keith Shankland
as Mayor Pro Tern and Carolyn Morris as Deputy Mayor Pro Tem; 5C; 513; 5E; 5F; 5G;
51-1; 5I; 5J; 5K; 5L to table to the July 19, 2005, City Council meeting; 5M excusing
Laura K. Hill and Virginia M. Muzyka from the May 17 City Council meeting and Don
Coonan from the May 19 Planning and Zoning Commission meeting; and 8A.
Motion: Muzyka
Second: Shankland
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 6 -0
REGULAR AGENDA:
Agenda Item No. 6. Public Forum. No one spoke during the public hearing.
Agenda Item No. 7A. Ordinance No. 480 -456 (ZA05 -020), 2nd 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. In accordance with Section 4.21 of the City
Charter, the caption for this term is listed as follows:
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 3, 313, 3C, AND 3D, SITUATED IN THE J.A. FREEMAN
SURVEY, ABSTRACT NO. 529, BEING APPROXIMATELY 11.44 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF -20X" 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.
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Mayor Wambsganss opened the public hearing.
Pattie Minder, 223 Eastwood Drive, Southlake, Texas, addressed several concerns
regarding this item.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480 -456 (ZA05 -020), 2 nd Reading, Zoning
Change and Concept Plan for proposed Kimball Hills subject to Council's approval on 1 st
Reading and subject to the following: the street will follow the topography of the land,
approximately 11 trees will be placed along the west property boundary and adding two
to three trees in the northwest corner of the property, placing 15 to 16 trees within the
eastern -most four acres, and requiring an 8' masonry fence along the west property
boundary.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7B. ZA05 -021, Preliminary Plat for proposed Kimball Hills located at
616 and 620 South Kimball Avenue. Current Zoning: AG Agricultural District. Proposed
Zoning: SF -20A Single Family Residential District. SPIN Neighborhood #8. Chief
Planner Killough presented this item to Council.
Motion was made to approve ZA05 -021, Preliminary Plat for proposed Kimball Hills
subject to Revised Plat Review Summary No. 3 dated June 1, 2005, and subject to the
concept plan and zoning requirements.
Motion: Jones
Second: Shankland
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 6 -0
Aszenda Item No. 7C. Ordinance No. 480 -457 (ZA05 -033). 2 nd Reading_ Zoning Chance
for Tracts 2A, 2A1, 2A6, and 2A7, C. Dart Survey, Abstract No. 2003; Tracts 4A1 and
4D, W. Martin Survey, Abstract No. 1068 Addition, located at 1285, 2195 Randol Mill
Avenue and 1340 Robin Lane. Current Zoning: AG Agricultural District. Requested
Zoning: SF-IA Single Familv Residential District. SPIN Neighborhood #12. Chief
Planner Killough presented this item to Council in conjunction with agenda item no. 7D.
Applicant Paul Spain, 2200 Estes Park Drive, Southlake, Texas, answered Council's
questions. In accordance with Section 4.21 of the City Charter, the caption for this term
is listed as follows:
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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 2A, 2A1, 2A6, & 2A7, SITUATED IN THE C. DART
SURVEY, ABSTRACT NO. 2003 AND TRACTS 4A1 & 4D, SITUATED IN THE W.
MARTIN SURVEY, ABSTRACT NO. 1068, BEING APPROXIMATELY 13.28
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "AG" AGRICULTURAL DISTRICT TO "SF -IN' 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.
Mayor Wambsganss opened the public hearing.
Michael and Brenda Dewey, 2245 Randol Mill Avenue, Southlake, Texas, did not wish
to speak but recorded their support of this item.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480 -457 (ZA05 -033), 2nd Reading, Zoning
Change.
Motion: Shankland
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7D. ZA05 -034, Preliminary Plat for proposed The Enclave located at
the southeast intersection of Randol Mill Avenue and Dove Road; being 2185, 2195, and
2245 North Randol Mill Avenue, and 1340 Robin Lane. Current Zoning: AG Agricultural
District and SF-IA Single Family Residential District. Requested Zoning: SF-IA Single
Family Residential District. SPIN Neighborhood #12. Chief Planner Killough presented
this item to Council in conjunction with agenda item no. 7C. Applicant Paul Spain, 2200
Estes Park Drive, Southlake, Texas, answered Council's questions.
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Motion was made to approve ZA05 -034, Preliminary Plat for proposed The Enclave
subject to Plat Review Summary No. 2, dated April 29, 2005, subject to the Planning and
Zoning Commission's recommendation.
Motion: Shankland
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 6 -0
Auenda Item No. 7E. ZA05 -035. Site Plan for Lakeside Presbvterian Church located at
2701 West Southlake Boulevard. Current Zoniniz: CS Communitv Service District. SPIN
Neighborhood #15. Chief Planner Killough presented this item to Council. Director
Farahnak answered Council's questions. Applicant Bob Mackey, 985 Elkin Lane,
Roanoke, Texas, answered Council's questions.
Mayor Wambsganss opened the public hearing.
Architect Sharon Krueger, 6405 Tranquility Court, Arlington, Texas, spoke in support.
Reverend David Boxerman, 6800 Moss, North Richland Hills, Texas, spoke in support.
The following people did not wish to speak, but wanted to record their support:
Greg and Linda Anderson, 1414 Stone Lakes Drive, Southlake, Texas;
Randy Phillips, 2041 Hickory Hollow Lane, Southlake, Texas;
Kristi Boyd, 11617 Bobcat Drive, Southlake, Texas;
Tim Green, 210 White Chapel Court, Southlake, Texas;
Tim Levey, 2309 Heather Glenn, Colleyville, Texas;
Timothy M. Beard, 132 Montreal Drive, Hurst, Texas;
David Musil, 8145 Mt. Shasta Circle, Fort Worth, Texas; and,
Scott and Kim Roberts, 1206 Oakwood Trail, Southlake, Texas.
Mayor Wambsganss closed the public hearing.
Motion was made to approve ZA05 -035, Site Plan for Lakeside Presbyterian Church
subject to Revised Site Plan Review Summary No. 3, dated June 1, 2005, and subject to
the Planning and Zoning Commission's recommendations which include the Revised Site
Plan Review Summary #3, dated May 19, 2005, and including the applicant's letter
regarding his willingness to maintain the tree coverage area on the east side of the
property and including a septic system with a dry line as required by Ordinance No. 440,
Sections lb and 3, and acknowledging the applicant's willingness to evaluate moving
parking spaces to the west side to reduce interference with the stand of trees on the east
side.
Motion: Jones
Second: Shankland
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 6 -0
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Agenda Item No. 7F. ZA05 -052, Site Plan for Timber Lake Pool and Recreation
Complex located at 601 Timber Lake Circle. Current Zoning: R -PUD Residential
Planned Unit Development District. SPIN Neighborhood #14. Chief Planner Killough
presented this item to Council. Applicant Diane Meyers, Association Manager of Timber
Lakes Homeowner's Association, answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA05 -052, Site Plan for Timber Lake Pool and Recreation
Complex subject to Site Plan Review Summary No. 1, dated May 13, 2005, granting the
requested setback variance.
Motion: Shankland
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 6 -0
Councilmember Jones clarified that he accepted Deputy Mayor Pro Tern Morris'
amendment to his motion for agenda item no. #7E (ZA05 -052) giving staff the authority
to accept, on behalf of the City Council, a revised site plan that would adjust the parking
in order to save trees.
Mayor Wambsganss called for a break at 8:45 p.m. Mayor Wambsganss had to leave the
meeting.
Mayor Pro Tern Shankland reconvened the meeting at 9:10 p.m.
Councilmember Jones clarified that he accepted Deputy Mayor Pro Tern Morris'
amendment to his motion for agenda item no. 97E (ZA05 -052) giving staff the authority
to accept, on behalf of the City Council, a revised site plan that would adjust the parking
in order to save trees.
Agenda Item No. 8B. Ordinance No. 480 -458, (ZA05 -040), 1s Reading, Zoning Change
and Concept Plan for Pediatric Dermatology of North Texas located on the north side of
East State Highway 114, approximately 1,000 feet from Shady Lane in the 2700 block of
East State Highway 114. Current Zoning: AG Agricultural District. Requested Zoning_
0-1 Office District. SPIN Neighborhood #6. Due to a denial by the Planning and Zoning
Commission, this item requires a super majority vote by City Council. Since a full
Council was not available at this meeting, there was no presentation made by staff.
Applicant Fred Ghali, 102 Clear Lake Court, Southlake, Texas, answered Council's
questions.
Motion was made to table Ordinance No. 480 -458, (ZA05 -040), 1s Reading, Zoning
Change and Concept Plan for Pediatric Dermatology of North Texas back to the Planning
and Zoning Commission.
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Motion:
Morris
Second:
Jones
Ayes:
Hill, Jones, Morris, Muzyka, Shankland
Nays:
None
Approved:
5 -0
Auenda Item No. 10A. Consider SP05 -130. Variance to the Sian Ordinance No. 704 -B
for Pediatric Dermatologv of North Texas located at 2720 East State Hiahwav 114.
Chief Planner Killough presented this item to Council. Applicants Fred Ghali, 102 Clear
Lake Court, Southlake, Texas, and Matt Carter, Innovative Developers, Inc., 930 West 1 st
Street, Suite 201, Fort Worth, Texas, answered Council's questions. Even though Council
can not take action on the previous item, agenda item no. 813, Mr. Ghali still asked for
direction from Council on his sign request.
Motion was made to table SP05 -130, Variance to Sign Ordinance No. 704 -B for Pediatric
Dermatology of North Texas, until such time as the applicant returns with the zoning
change and concept plan request.
Motion: Morris
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland
Nays: None
Approved: 5 -0
Agenda Item No. lOB. Consider SP05 -113, Variance to Sign Ordinance No. 704 -B for
Anderson's Furniture & Design Gallery located at 2140 East Southlake Boulevard, Suite
R. Chief Planner Killough presented this item to Council. Applicant Patricia Noss of
Flower Mound answered Council's questions.
Motion was made to approve SP05 -113, Variance to Sign Ordinance No. 704 -B for
Anderson's Furniture & Design Gallery.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland
Nays: None
Approved: 5 -0
Auenda Item No. 10C. Consider SP05 -125. Conditional Sian Permit in accordance with
the Sian Ordinance No. 704 -B for East Southlake No. 1. Ltd. located at 900 East
Southlake Boulevard. Chief Planner Killough presented this item to Council. Applicant
Dr. Angelo Mendez, 1344 Lakeview Drive, Southlake, Texas, introduced himself to
Council. Applicant John Bickler of Identitec, 2875 Exchange Boulevard, Southlake,
Texas, answered Council's questions.
Motion was made to approve SP05 -125, Conditional Sign Permit in accordance with the
Sign Ordinance No. 704 -B for East Southlake No. 1, Ltd., approving only signs no. 2, 3,
and 4, eliminating signs no. 1 and 5, and requiring black lettering all in the same font.
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Motion:
Jones
Second:
Muzyka
Ayes:
Hill, Jones, Morris, Muzyka, Shankland
Nays:
None
Approved:
5 -0
Agenda Item No. 10D. Consider SP05 -139, Variance to Sign Ordinance No. 704 -B for
The Southlake Tavern located at 2700 East Southlake Boulevard. Chief Planner Killough
presented this item to Council. The applicant was not present for this item.
Motion was made to approve SP05 -139, Variance to Sign Ordinance No. 704 -B for The
Southlake Tavern for a period not to exceed 60 days or until the restaurant opens.
Motion: Jones
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland
Nays: None
Approved: 5 -0
Agenda Item No. 11A. Proposal and release of the request for proposal for the Southlake
wireless networking concept. Technical Services Manager Gregg presented this item to
Council during the work session.
Agenda Item No. 11B. Proposed rural conservation land use designation. Planning and
Zoning Chairman Vernon Stansell presented this item to Council at the end of the regular
meeting. Chairman Stansell discussed this proposal with Council. Council gave their
support for the proposed rural conservation land use designation.
Agenda Item No. 12. Meeting adjourned. Mayor Pro Tern Shankland adjourned the
meeting at 10:38 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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