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2006-08-01 OFFICIAL RECORD CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 1.2006 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, Virginia M. Muzyka and Vernon Stansell. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Community Relations Officer Pilar Schank, Manager of Technical Services Gary Gregg, Information Systems Technician Sam Cobb, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, 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 Police Services Wade Goolsby, Chief of Fire Services Robert Finn, Director of Public Works Bob Price, Deputy Director of Public Works Gordon Mayer, Library Administrator Kerry McGeath, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:05 p.m. City Council reviewed the agenda items with city staff and applicants. The following items were added to the consent agenda: tabling items 7 A and 7B at the applicant's request to the August 15, 2006, City Council meeting; tabling item 7C at the applicant's request to the September 5, 2006, City Council meeting; and tabling items 7K and 7L at the applicant's request to the August 15, 2006, City Council meeting. The work session was closed by Mayor Wambsganss at 5:15 p.m. REGULAR SESSION: Agenda Item No.1. Call to order. The regular seSSIOn was called to order by Mayor Wambsganss at 5: 15 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 551.074, deliberation regarding personnel matters, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:14 p.m. Executive Session began at 5:33 p.m. and ended at 6:30 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:38 p.m. and asked if any motion was necessary from Executive Session. No action was necessary. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 1 of 17 Agenda Item No.3. Invocation. The invocation was given by David Whitington from Christ Our King Church. Mayor Wambsganss led the audience in the pledge of allegiance. Agenda Item No. 4A. Mayor's Report. Councilmember Jones recognized local restaurant, Michael Anthony's, who recently received the Wine Spectator Award of Excellence. Agenda Item No. 4Bl. Staff Introduction. City Manager Yelverton introduced the City's new Deputy Director of Public Works, Gordon Mayer, to Council. Agenda Item No. 4B2. Department of Community Services management study presentation. Richard Brady and Joe Bravo presented the initial findings of the management study 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 from the July 18,2006, regular City Council meeting and clarification of the motion for Ordinance No. 480-490, 2nd Reading, (ZA06-029) Zoning Change for proposed Saddle back Ridge Estates on the June 6, 2006, regular City Council meeting minutes. The minutes from the July 18 meeting were approved as presented. Regarding the minutes from the June 6 meeting, Mayor Wambsganss and the Council agreed the word "not" should be removed from the motion on Saddleback Ridge Estates relating to the pedestrian/equestrian access. Agenda Item No. 5B. Excuse members of the City Council and of the Planning and Zoning Commission for absences from meetings. Mayor Wambsganss was absent from the July 18, 2006, City Council meeting. Mike Springer was absent from the July 20, 2006, Planning and Zoning Commission meeting. Agenda Item No. 5C. Authorize a professional services agreement with Halff and Associates for the architectural design and engineering of Smith Park and Liberty Park at Sheltonwood. A presentation was not made on this item. Agenda Item No. 5D. Ordinance No. 876-A. 1 st Reading, Amending Chapter 4.5, "Buildings and Building Regulations," of the Southlake City Code to update, revise, and clarify the standards and regulations that apply to substandard buildings in conformance with legislative amendments and to provide for civil penaltv as permitted bv law. A presentation was not made on this item. Agenda Item No. 5E. Approve a contract with Tarrant County for tax collection services. A presentation was not made on this item. Agenda Item No. 5F. Consider SP06-341, Variance to Sign Ordinance No. 704-B for Wing Stop located at 2125 West Southlake Boulevard, Suite 375. Chief Planner Killough presented this item to Council during the work session. Agenda Item No. 5G. ZA06-096, Preliminary Plat for Johnson Place Estates on property located at 2440 Johnson Road and 430 Randol Mill Avenue. Current Zoning: R-PUD Residential REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 2 of 17 Planned Unit Development District. SPIN Neighborhood #16. A presentation was not made on this item. Agenda Item No. 5H. Approve a contract with Aetna to provide employee medical benefits. A presentation was not made on this item. Agenda Item No. 51. Approve a contract with Aetna to provide employee dental benefits. A presentation was not made on this item. Agenda Item No. 5J. Approve a contract with Standard Life Insurance Company to provide employee basic and voluntary group life and Accidental Death and Dismemberment (AD&D) insurance benefits. A presentation was not made on this item. Agenda Item No. 5K. Approve a contract with CIGNA Group Insurance to provide employee Long Term Disability (L TD) insurance benefits. A presentation was not made on this item. Agenda Item No. 5L. Approve a contract with Total Administrative Services Corporation to provide employee flexible spending account (Section 125) benefits. A presentation was not made on this item. Agenda Item No. 5M. ZA06-075. Site Plan for Lots 1 and 4. Block L River Oaks. located at 2502 West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. This item was tabled and the public hearing continued to the August 15, 2006, City Council meeting. Agenda Item No. 5N. ZA06-076. Preliminary Plat for Lots 1-10. Block L River Oaks. located at 2502 West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. This item was tabled to the August 15,2006, City Council Meeting. Agenda Item No. 50. ZA06-09L Site Plan for Lots 1 and 2. Block L Gateway Plaza Addition. located at 2801 and 2821 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. This item was tabled and the public hearing continued to the August 15, 2006, City Council Meeting. Agenda Item No. 7 A. 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 and the public hearing continued to the August 15, 2006, City Council meeting a the applicant's request. Agenda Item No. 78. 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 South Carroll Avenue and East Southlake Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: S-P-2 Generalized Site Plan REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 3 of 17 District. SPIN Neighborhood #ge. This item was tabled to the August 15, 2006, City Council meeting at the applicant's request. Agenda Item No. 7C. Resolution No. 06-034. (ZA06-079). Specific Use Permit for the sale of alcoholic beverages at Russ Martin's Bar & Grill located at 621 East Southlake Boulevard. Suite A. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #ge. This item was tabled and the public hearing continued to the September 5, 2006, City Council meeting at the applicant's request. Agenda Item No. 7K. Ordinance No. 480-481. 2nd Reading. (ZA05-146) Zoning Change and Site Plan for Bicentennial Plaza located at 410 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #10. This item was tabled and the public hearing continued to the August 15, 2006, City Council meeting at the applicant's request. Agenda Item No. 7L. Approval of reciprocal parking agreement with Bicentennial Retail Plaza. L.P. This item was tabled to the August 15, 2006, City Council meeting at the applicant's request. Motion was made to approve consent agenda items 5A to approve the minutes from the July 18, 2006, meeting as presented and to remove the word "not" from the motion for Saddle back Ridge Estates relating to the pedestrian/equestrian access on the June 6, 2006, minutes; 5B to excuse Mayor Wambsganss from the July 18, 2006, City Council meeting and Mike Springer from the July 20, 2006, Planning and Zoning Commission meeting; 5C; 5D; 5E; 5F; 5G; 5H; 51; 5J; 5K; 5L; tabling items 5M, 5N, and 50 to the August 15, 2006, City Council meeting; tabling items 7A and 7B at the applicant's request to the August 15,2006, City Council meeting; tabling item 7C at the applicant's request to the September 5, 2006, City Council meeting; and tabling items 7K and 7L at the applicant's request to the August 15,2006, City Council meeting. Motion: Muzyka Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 (Deputy Mayor Pro Tern Terrell was out ofthe room) REGULAR AGENDA: Agenda Item No.6. Public Forum. No one spoke during public forum. Agenda Item No. 7D. Ordinance No. 480-491. 2nd Reading. (ZA06-031). Zoning Change and Concept Plan for Morrison Business Park located at 2720 East State Highway 114. Current Zoning: AG Agricultural District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #6. Chief Planner Killough and Director Price presented this item to Council, in conjunction with item 7E. Applicants Paul Mitchell from Adams Engineering, 500 Nolen Drive, Southlake, Texas, and Bryce Pool from the Morrison Group answered Council's questions. Council discussed this request. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1,2006 Page 4 of 17 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 LEGALL Y DESCRIBED AS TRACT lA, SITUATED IN THE S. FREEMAN SURVEY, ABSTRACT NO. 525; AND BEING 6.19 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO INCLUDE 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 OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. Karen Porter, 502 Alamo Trail, Grapevine, Texas, spoke in opposition. She stated her concerns regarding the proposed fencing. Jim Dixon, 2401 Houston Oaks, Grapevine, Texas, did not wish to speak but recorded his opposition. Mayor Wambsganss closed the public hearing. Motion was made to approve Ordinance No. 480-491, 2nd Reading, (ZA06-031), Zoning Change and Concept Plan for Morrison Business Park subject to City Council's approval on first reading, accepting the applicant's agreement to place a Superior Concrete Fence along the neighbors' houses similar to the one at the Mira Vista development shown in tonight's presentation and will continue to maintain the fence at the applicant's cost, subject to the recommendations of the Planning and Zoning Commission, and subject to Concept Plan Review Summary No.4, dated July 12,2006. Motion: Terrell Second: Stansell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7E. ZA06-032, Site Plan for Morrison Business Park located at 2720 East State Highwav 114. Current Zoning: AG Agricultural District. Proposed Zoning: S-P-2 Generalized REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 5 of 17 Site Plan District. SPIN Neighborhood #6. Chief Planner Killough and Director Price presented this item to Council in conjunction with item 7D. No one spoke during the public hearing. Motion was made to approve ZA06-032, Site Plan for Morrison Business Park subject to Site Plan Review Summary No.3, dated May 12, 2006, and granting the variance for driveway stacking. Motion: Second: Ayes: Nays: Approved: Terrell Stansell Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss None 7-0 Agenda Item No. 7F. Ordinance No. 480-497, 2nd Reading, (ZA06-040), Zoning Change and Site Plan / Concept Plan for Lot 3, J.A. Freeman No. 529 Addition and a portion of Tract IB2, J.A. Freeman Survey, Abstract No. 529, located at 2171 East Southlake Boulevard. Current Zoning: S-P-I Detailed Site Plan District and B-1 Business Service Park District. Requested Zoning: S-P- 1 Detailed Site Plan District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council in conjunction with item 7G and 7H. Applicant Jeff Williams with Graham Associates and architect Michael Shields from DMS Architects 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 LOT 3, lA. FREEMAN NO. 529 ADDITION AND A PORTION OF TRACT IB2, SITUATED IN THE J.A. FREEMAN SURVEY, ABSTRACT NO. 529, AND BEING APPROXIMATELY 3.80 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-l" DETAILED SITE PLAN DISTRICT AND "B-1" BUSINESS SERVICE PARK DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH "C-3" GENERAL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 6 of 17 Motion was made to approve Ordinance No. 480-497, 2nd Reading, (ZA06-040), Zoning Change and Site Plan / Concept Plan for Lot 3, J.A. Freeman No. 529 Addition and a portion of Tract IB2, lA. Freeman Survey, Abstract No. 529, subject to Site Plan Review Summary No.5, dated July 26, 2006; subject to City Council's approval on first reading; subject to the recommendations of the Planning and Zoning Commission; subject to the addition of 85 caliper inches of tree mitigation on Lot 2 from what would otherwise be required; adding right-in/right- out signs at the right-in/right-out driveway; requiring a berm of a minimum of two feet between the parking and the sidewalk on FM1709 to help screen the parking; subject to the landscaping plans provided by the applicant tonight along with the presentation; subject to there being no signage or logo on the awnings; approving the variances for driveway stacking and driveway spacing; and requiring the full access drive across Lot 2 will be constructed in conjunction with the development of Lot 1. Motion: Jones Second: Stansell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7G. ZA06-041. Preliminary Plat for Lots 1 through 3. Block 1. Ethan Allen 1709 Addition; being Lot 3. J.A. Freeman No. 529 Addition and Tract IB2. J.A. Freeman Survey. Abstract No. 529. located at 2171 East Southlake Boulevard. Current Zoning: S-P-l Detailed Site Plan District and B-1 Business Service Park District. Proposed Zoning: S-P-l Detailed Site Plan District and B-1 Business Service Park District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council in conjunction with items 7F and 7H. Motion was made to approve ZA06-041, Preliminary Plat for Lots 1 through 3, Block 1, Ethan Allen 1709 Addition, subject to the recommendations of the Planning and Zoning Commission; subject to Plat Review Summary No.4, dated July 26, 2006; and providing the right-of-way for Village Center Drive as outlined in the presentation and materials. Motion: Jones Second: Stansell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7H. ZA06-092. Plat Revision for Lots 1 and 2. Block 1. Ethan Allen Addition; being a revision of Lot 3. J.A. Freeman No. 529 Addition and a portion of Tract IB2. J.A. Freeman Survey. Abstract No. 529. located at 2171 East Southlake Boulevard. Current Zoning: S-P-l Detailed Site Plan District and B-1 Business Service Park District. Proposed Zoning: S-P- 1 Detailed Site Plan District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council in conjunction with items 7F and 7G. Motion was made to approve ZA06-092, Plat Revision for Lots 1 and 2, Block 1, Ethan Allen Addition; being a revision of Lot 3, lA. Freeman No. 529 Addition and a portion of Tract IB2, lA. Freeman Survey, Abstract No. 529, subject to Plat Review Summary No.2, dated June 30, 2006, and subject to the recommendations of the Planning and Zoning Commission. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 7 of 17 Motion: Second: Ayes: Nays: Approved: Jones Stansell Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss None 7-0 Mayor Wambsganss called for a break at 8:33 p.m. and reconvened the meeting at 8:48 p.m. Councilmember Jones recused himself from the next two items because he has an equitable interest in the property. Councilmember Jones left the chambers. Agenda Item No. 71. Ordinance No. 480-498, 2nd Reading, (ZA06-049) Zoning Change for Tracts 2C, 2C5, and 2C6, William H. Martin Survey, Abstract No. 1068, located at 1801. 1815, and 1829 Our 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 in conjunction with item 7J. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 2C, 2C5, AND 2C6, SITUATED IN THE WILLIAM H. MARTIN SURVEY, ABSTRACT NO. 1068, BEING APPROXIMATELY 2.51 ACRES, AND MORE FULLY AND COMPLETEL Y DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-IA" 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. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-498, 2nd Reading, (ZA06-049) Zoning Change for Tracts 2C, 2C5, and 2C6, William H. Martin Survey, Abstract No. 1068, subject to the recommendations of the Planning and Zoning Commission. Motion: Stansell Second: Terrell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 8 of 17 Approved: 6-0 Agenda Item No. 7J. ZA06-050, Preliminary Plat for Villa Constante, being Tracts 2C, 2C5, and 2C6, William H. Martin Survey, Abstract No. 1068, located at 1801. 1815, and 1829 Our Lane. Current Zoning: AG Agricultural District. Proposed Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. Chief Planner Killough presented this item to Council in conjunction with item 71. Motion was made to approve ZA06-050, Preliminary Plat for Villa Constante subject to Plat Review Summary No.2, dated June 30, 2006, and specifically approving the requested variance for lots fronting on a private street. Motion: Stansell Second: Terrell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7M. Resolution No. 06-041. (ZA06-099), Specific Use Permit for the sale of alcoholic beverages at Avocado California Roll & Sushi. located at 2600 East Southlake Boulevard, Suite 100. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council. 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 2600 E. SOUTHLAKE BOULEVARD, SUITE 100, BEING LEGALLY DESCRIBED AS A PORTION OF LOT lR4, BLOCK 1, GATEWAY PLAZA PHASE 2, 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. 06-041, (ZA06-099), Specific Use Permit for the sale of alcoholic beverages at Avocado California Roll & Sushi, subject to the term of the lease or 10 years. Motion: Second: Ayes: Nays: Approved: Stansell Terrell Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss None 6-0 Councilmember Jones rejoined the meeting. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 9 of 17 Agenda Item No. 7N. ZA06-101,Revised Site Plan for Shops of Southlake, located on the southeast comer of East SouthlakeHoulevardand South Carroll Avenue. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. Applicant David Palmer made a presentation and answered Council's questions. No one spoke during the public hearing. Motion was made to approve ZA06-101, Revised Site Plan for Shops of Southlake, subject to Site Plan Review Summary No.1, dated June 30, 2006, but requiring the north elevation's signage, clock, and cornice piece to be identical to the south elevation as reviewed by staff. Motion: Stansell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 70. Consider SP06-350, Variance to the Conditional Sign Permit for the Shops of Southlake for Bailey, Banks, and Biddle. to be located at 1221 East Southlake Boulevard. Chief Planner Killough presented this . item to Council. ApplicanfDavidPalmer was present to answer Council's questions. Motion was made to approve SP06-350, Variance to the Conditional Sign Permit for the Shops of Southlake for Bailey, Banks, and Biddle but requiring the north elevation's signage, clock, and cornice piece to be identical to the south elevation as reviewed by staff. Motion: Stansell Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7P. ZA06-102, Revised Site Plan for Bicentennial Park, located on the north side of West Southlake Boulevard, generally in between Shady Oaks Drive and North White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #10. Chief Planner Killough presented this item to Council. Noone spoke during the public hearing. Motion was made to approve ZA06-102, Revised Site Plan for Bicentennial Park subject to Site Plan Review Summary No.1, dated July 20, 2006, specifically granting the lighting variance. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 10 of 17 Agenda Item No. 70. Authorize the purchase and installation of Bicentennial Park basketball court lighting from Musco Lighting in the amount of$59.010. Deputy Director Tribble presented this item to Council. Motion was made to authorize the purchase and installation of Bicentennial Park basketball court lighting from Musco Lighting in the amount of$59,010, as presented. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 8A. Ordinance No. 480-499. 1st Reading. (ZA06-054). Zoning Change and Development Plan for proposed The Gardens at Stratfort Pare. on property described as Tract 3A. H. Granberry Survey. Abstract No. 581. located at 425 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Requested Zoning: TZD Transition Zoning District. SPIN Neighborhood #14. Director Baker and Director Price presented this item to Council. Applicant Kosse Maykus made a presentation and answered Council's questions. Council discussed this request. Mayor Wambsganss allowed the public to speak. Ron McCrummen, 308 Sir George's Court, Southlake, Texas, spoke about his concerns regarding this item. Greg Teller, 116 Londonberry Terrace, Southlake, Texas, stated his concerns regarding this item. Buddy Luce, 1850 Hunter's Creek, Southlake, Texas, spoke about his concerns regarding this item. Jon Scheiat, 311 Canyon Lake Drive, Southlake, Texas, spoke in support of this item. Kathy Mast, 307 Canyon Lake Drive, Southlake, Texas, spoke in opposition to this item. Neda Khalilian, 301 Sir George's Court, Southlake, Texas, spoke about her concerns regarding this item. Wesley D. Millican, 309 Sir George's Court, Southlake, Texas, spoke in opposition to this item. Bobbie Heller, 124 Londonberry Terrace, Southlake, Texas, spoke about her concerns regarding this item. Bill Lafavers, 620 South White Chapel Boulevard, Southlake, Texas, spoke in support of this item. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 11 of17 Mayor Wambsganss read cards from the following people who did not wish to speak but wanted to record their comments: Gary Hood, 201 Timber Creek Drive, Southlake, Texas, in support; Jerene and Matt Lafavers, 7640 Murton, Southlake, Texas, in support; Doris and Mike Lafavers, 303 East Highland, Southlake, Texas, in support; and, Robbie-Sue Mudd, 104 Clear Lake Court, Southlake, Texas, in support. Council continued discussion of this item. Motion was made to approve Ordinance No. 480-499, I st Reading, (ZA06-054), Zoning Change and Development Plan for proposed The Gardens at Stratfort Parc, subject to development standards as presented further stipulating all fencing to be wrought iron; garage doors to be of cedar material; approving requested variances regarding block lengths and the office parking; prior to second reading, applicant will submit views of transition area from office to residential including crash gate, rumble strips and any other traffic calming devices that can be put in place; trickle channel to be constructed of stamped concrete; contingent upon the addition of a south access; applicant to review proposed density prior to second reading; requiring a material/color palette and design standards prior to second reading; addition of sidewalks and benches around detention areas, and subject to Development Plan Review Summary No.3, dated June 30, 2006. Motion: Stansell Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 88. Ordinance No. 480-500, 1st Reading, (ZA06-088), Zoning Change and Concept Plan for proposed Miron Grove Business Park, on property described as Lot 4R Block 1. Miron Subdivision:1ocatedat 300 Miron Drive. Current Zoning: S-P-2Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. Chief Planner Killough and Director Price presented this item to council. Applicant Bill Stonaker, 325 Miron Drive, Southlake, Texas, made a presentation and answered Council's questions. Architect Mike Wright and Engineer Ed Childress, P.O. Box 1357, Aledo, Texas, answered Council's questions. Motion was made to approve Ordinance No. 480-500, 1 st Reading, (ZA06-088), Zoning Change and Concept Plan for proposed Miron Grove Business Park, subject to Concept Plan Review Summary No.2, dated June 30, 2006, subject to the recommendations of the Planning and Zoning Commission, noting the applicant will bring a landscape plan back with all site plans for Council approval, requiring the carports to be considered with the site plan, underground detention pond will be built within three years of approval or they must come back to Council, requiring maintenance of the underground detention pond to be the responsibility of the office association, and subject to staff review of the drainage issues presented in a letter from Ernest Taylor. Motion: Second: Terrell Stansell REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 12 of 17 Ayes: Nays: Approved: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss None 7-0 Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.074, deliberation regarding personnel matters. City Council adjourned for Executive Session at 12:07 a.m. Executive Session began at 12:20 a.m. and ended at 12:50 a.m. Mayor Wambsganss reconvened the regular meeting at 12: 51 a.m. Agenda Item No. 9A. Resolution No. 06-027. Appoint a Chair to the Tax Increment Reinvestment Zone Number One Board of Directors. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A CHAIRPERSON OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Virginia M. Muzyka as Chair to the Tax Increment Reinvestment Zone Number One Board of Directors. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9B. Resolution No. 06-043. Appoint members to the Building Board of Appeals. 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, APPOINTING MEMBERS TO THE BUILDING BOARD OF APPEALS; PROVIDING FOR THE TERMS; PROVIDING FOR QUALIFICATIONS OF MEMBERS IN ACCORDANCE WITH ORDINANCE NO. 622; AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint David Carpenter (Place 2), William R. Jenkins (Place 4), and Pat Trampe (Place 6, Alternate 1) with terms ending May 2008. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 13 of 17 Agenda Item No. 9C. Resolution No. 06-044, Appoint a City Councilmember and an at-large member to the Joint Utilization Committee. 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, APPOINTING MEMBERS TO THE JOINT UTILIZATION COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Frances Sharlie (City Council at-large appointee, Place 4) and John Terrell (City Council representative, Place 6) with terms ending May 2008. Motion: Muzkya Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9D. Resolution No. 06-045, Ap?oint members to the Library Board. 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, PROVIDING FOR THE APPOINTMENT OF MEMBERS TO SERVE ON THE LIBRARY BOARD AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Lori Burr (Place 1), Wanda J. Schafer (Place 2), and Brenda Flores (Place 3) with terms ending May 2008. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9E. Resolution No. 06-046, Appoint a City Councilmember to the Metroport Teen Court Advisory Board. 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, APPOINTING A CITY COUNCILMEMBER TO THE METROPORT TEEN COURT ADVISORY BOARD TO FILL AN UNEXPIRED TERM; AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Laura K. Hill (City Council liaison - unexpired term ends in May 2007). Motion: Second: Ayes: Nays: Jones Stansell Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss None REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 14 of 17 Approved: 7-0 Agenda Item No. 9F. Resolution No. 06-047. Appoint members to the Parks and Recreation Board. 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, APPOINTING MEMBERS TO THE PARKS AND RECREATION BOARD AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Mary Moe Georgia (Place 4), Elizabeth McCracken (Place 5), Mike Mills (Place 6), Katrina Peebles (Place 7), with terms ending May 2008 and Elaine Cox (Place 8) with term ending May 2007. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9G. Resolution No. 06-048. Appoint members to the Planning and Zoning Commission. 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, APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Brandon Bledsoe, Al Morin, C.D. Peebles, and Jeff Wang with terms ending May 2008. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9H. Resolution No. 06-049. Appoint members to the Senior Advisory Commission. 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, APPOINTING MEMBERS TO THE SENIOR ADVISORY COMMISSION AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Jeane Alexander (Place 1), Jean Boland (Place 2), Dorothy Cosgrove (Place 3), and Bill Kyle (Place 5) with terms ending May 2008. Motion: Muzyka REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 15 of17 Second: Ayes: Nays: Approved: Jones Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss None 7-0 Agenda Item No. 91. Resolution No. 06-050, Appoint a Parks and Recreation Boardmember to the Southlake Parks Development Corporation. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A PARKS AND RECREATION BOARDMEMBER TO THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Mike Mills (Parks Board representative) with term ending May 2008. Motion: Second: Ayes: Nays: Approved: Terrell Jones Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss None 7-0 Agenda Item No. 9J. Resolution No. 06-051. Appoint members to the Zoning Board of Adiustment and appoint a Chairman and Vice-Chairman. 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, APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT; NAMING A CHAIRMAN AND A VICE-CHAIRMAN; AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Lewis C. Miltenberger (Place 1), Mike Waldman (Place 4), Frank Cornish (Place 7, Alternate 2), and Anita McSweeney (Place 9, Alternate 4) with terms ending May 2008 and selecting Lewis C. Miltenberger as Chairman and Greg Standerfer as Vice- Chairman. Motion: Second: Ayes: Nays: Approved: Terrell Jones Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss None 7-0 Agenda Item No. 12. Mayor Wambsganss adjourned the meeting at 1 :01 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 16 of 17 ATTEST: k'o~ Lori A. Farwell, TRMC City Secretary ~~ { Andy Wambsganss Mayor ....t.t\l~~i.,jG.~", " \\TH~~~I. ." au. "I. ,.".,,' co ....... ~ ~~ ;:- Ji.. .." ~ ~a.. ...#.A~ i :>.. :e. .\ t<'~~ : r-: * 1 : .. -. . - ~O\. 1m: "" Cl ... ~ .~. ... $ *'41", 60......... ..,~ ~, ,'It I1111 **ir \\\\\ 'I",..u"" REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 1, 2006 Page 17 of 17 % CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § § COUNTY OF TARRANT § I, -�.� as a member of the G1 aw kirj l-- of the City of Southlake, make this affidavit and hereby on oath state the following: I, my spouse, and /or a person or persons related to me within the first degree of consanguinity or affinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and/or City of Southlake Ordinance No. 635 and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: AKsIQ — 1,f • COMPLETE (A) or (B): (A) The business entity is _ _ Lname ; or (B) The real property is located at: ■ or L ' a Z ( 4\. t I have a substantial interest because I, my spouse, and /or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real property which will likely be -* affected by the vote on the above - referenced agenda item: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the bus' ess entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500. Other: Upon filing of this affidavit wit he City Secretary, I affirm that I will abstain from voting on any decision and from any further participation by disc on or debate regarding t - .bove- referenced agenda item. I also affirm that this affidavit is being submitted to , - ity Secretary befor- e start of the meeting at which the agenda item in question is being addr ssed or as soo s , ►r . ticable onc- ealized a potential conflict exists. 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