2005-08-16
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CITY OF SOUTHLAKE
OFFICIAL RECORD
REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 16.2005
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Deputy Mayor Pro Tern Carolyn
Morris; and Councilmembers Laura K. Hill, Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT: Mayor Pro Tern Keith Shankland and Councilmember Gregory
Jones.
STAFF PRESENT: City Manager Shana Yelverton, Assistant to the City Manager Ben
Thatcher, Executive Secretary Kim Bush, Manager of Technical Services Gary Gregg,
Information Systems Technician Sam Cobb, Library Administrator Kerry McGeath, Director of
Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek,
Director of Economic Development Greg Last, Director of Finance Sharen Elam, Deputy
Director of Finance Sharon Guess, Purchasing Agent Deborah Russell, Director of Human
Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough,
Interim Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn, Director of
Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, City
Attorney Tim Sralla, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:32 p.m.
City Council reviewed the agenda items with city staff and applicants. The following items were
added to the consent agenda: 8A to table to September 20, 2005; 8E; 8F; lOA; lOB; IOC; and
lOG to table to September 6,2005. The work session ended at 6:22 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular sessIOn was called to order by Mayor
Wambsganss at 6:22 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced the City Council
would be going into Executive Session pursuant to the Texas Government Code, Section
551.071, consultation with city attorney, Section 551.072; deliberation regarding real property,
and Section 551.087; and deliberation regarding economic development negotiations. City
Council adjourned for Executive Session at 6:23 p.m. Executive Session began at 6:42 p.m. and
ended at 7:43 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:52
p.m. Mayor Wambsganss asked if any motion was necessary from executive session.
Motion was made to authorize the City Manager to move forward on Gifford Court, as discussed
in Executive Session.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 16, 2005
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Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Muzyka
Hill, Morris, Muzyka, Terrell, Wambsganss
None
5-0
Agenda Item No.3. Invocation. The invocation was given by Wayne Lee, 1601 Regal Oaks
Drive, Southlake, Texas. Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and
events.
Deputy Mayor Pro Tem Morris announced the Tarrant County Walk for PKD will be held in
Southlake Town Square on September 17,2005.
Agenda Item No. 4B. City Manager's Report. Shana Yelverton introduced Deborah Russell who
was recently hired as the City's first purchasing agent and thanked Deputy Director of Finance
Sharon Guess for all of her efforts handling purchasing issues over the last eight months while
simultaneously handling accounting functions.
Director Farahnak updated Council on the recent lightening strike at the water tank on Dove
Road.
Agenda Item No. 4C. Financial Report. A written report was included in Council's packet.
Agenda Item No. 4D. SPIN Board Report. Mike Terry, Vice-Chairman of SPIN, 171 0 Wild Rose
Way, Southlake, Texas updated Council on upcoming meetings and events, including a Regional
SPIN Forum on October 13 to discuss public safety issues.
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 for the August 2. 2005. regular City Council meeting.
Approved as presented.
Agenda Item No. 5B. Resolution No. 05-042. approval of a vision. mission statement. and
strategic focus areas developed at the Citv Council's Strategic Planning Workshop. City Manager
Yelverton introduced David Eisenlohr of MAXIMUS who presented this item to Council during
the work session. Mr. Eisenlohr answered questions from Council. 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,
APPROVING THE VISION, MISSION STATEMENT AND STRATEGIC FOCUS AREAS
DEVELOPED AT THE CITY COUNCIL'S STRATEGIC PLANNING WORKSHOP.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 16, 2005
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Agenda Item No. 5C. Al>l>rove the 2004 Comprehensive Annual Financial Reoort. Shawn Parker
from Weaver and Tidwell presented this item to Council during the work session.
Agenda Item No. 5D. Resolution No. 05-039. requesting the construction ofFM 1938 from FM
1709 to the city limits be included as a project in the Tarrant County transportation bond
program. (Mistakenly, two resolutions with the same number were approved by City Council -
one on August 2, 2005 and one on August 16, 2005. A permanent notation will be made to these
two resolutions.) Approved as presented. 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,
AUTHORIZING AND ENDORSING THE APPLICATION FOR FUNDING FROM THE
TARRANT COUNTY 2006 TRANSPORTATION BOND PROGRAM FOR THE
CONSTRUCTION OF FM 1938 (pHASE In FROM FM 1709 NORTH TO THE CITY
LIMITS.
Agenda Item No. 5E. Resolution No. 05-043. expressing support of the City Council of the Citv
of Southlake for the Dallas/Fort Worth International Airoort. Approved as presented. 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,
EXPRESSING SUPPORT FOR THE DALLAS/FORT WORTH INTERNATIONAL
AIRPORT.
Agenda Item No. 5F. Apl>rove the purchase of two pumps for the Lonesome Dove and Shady
Lane Lift Stations. Approved as presented.
Agenda Item No. 5G. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings. Mayor Wambsganss presented this item to
Council. Mayor Pro Tern Shankland was absent from the August 2,2005 City Council meeting
and Commissioner Brandon Bledsoe was absent from the August 4, 2005 Planning and Zoning
Commission meeting.
Agenda Item No. 8A. Ordinance No. 480-451. 1st Reading (ZA04-1Ol). Zoning Change for
Tracts lAIA2 and lAIA2D. B.l. 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: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District.
SPIN Neighborhood #12. This item was tabled to the September 20,2005 City Council meeting.
Agenda Item No. 8E. Ordinance No. 480-BBB. 1st Reading. An amendment to the
Comprehensive Zoning Ordinance No. 480. as amended. as it pertains to the creation of the
Transition District. Director Baker presented this item to Council during the work session.
Agenda Item No. 8F. Ordinance No. 480-CCC. 1st Reading. An amendment to the
Comprehensive Zoning Ordinance No. 480. as amended. as it pertains to the creation of the
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 16, 2005
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Rural Conservation Subdivision District. Director Baker presented this item to Council during
the work session.
Agenda Item No. lOA. Approve renewal of contract with Aetna for emplovee medical and dental
benefits. Director Hugman presented this item to Council during the work session.
Agenda Item No. lOB. Approve renewal of contract with Jefferson Pilot for employee Long
Term Disability benefits. Director Hugman presented this item to Council during the work
session.
Agenda Item No. 10C. Consider request for funding for Liberty Garden Phase II to include
SPDC Matching Funds and other funding sources. Director Jackson presented this item to
Council during the work session. Mayor Wambsganss read a comment card from AJ. Colinas,
171 0 Egret Lane, Southlake, Texas, who did not wish to speak but wanted his opposition
recorded.
Agenda Item No. lOG. Consider Town Sauare. Grand Avenue Tri-Party Agreement. This item
was tabled to the September 6, 2005 City Council meeting.
Motion was made to approve the consent agenda items 5A; 5B; 5C; 5D; 5E; 5F; 5G; 8A to table
to the September 20, 2005 City Council meeting; 8E; 8F; lOA; lOB; 10C; and lOG to table to the
September 6, 2005 City Council meeting.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 5-0
REGULAR AGENDA:
City Council considered Agenda Item No. 10F out of order.
Agenda Item No. 10F. Authorize the Mayor to execute a residential Develooer's Agreement for
Town Sauare. Brownstones at Town Square. Phase B. a forty-lot residential subdivision. located
at the east end of Main Street. Director Farahnak presented this item to Council.
Motion was made to authorize the Mayor to execute a residential Developer's Agreement for
Town Square, Brownstones at Town Square, Phase B, a forty-lot residential subdivision, located
at the east end of Main Street.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 5-0
Agenda Item No.6. Public Forum. No one spoke.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 16,2005
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Agenda Item No. 7 A. Ordinance No. 480-4248. 2nd Reading (ZA05-012). Zoning Change and
Site Plan for White Chapel Plaza Office Park: located at 1310 North White Chanel Boulevard.
Current Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses. Reauested
Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #11.
Chief Planner Killough presented this item to Council in conjunction with item 7B. Applicant
Wayne Lee, 1601 Regal Oaks Drive, Southlake, Texas, made a 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:
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
13, T.M. HOOD NO. 706 ADDITION, BEING APPROXIMATELY 3.04 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A" FROM "S-P-l" DETAILED
SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO "S-P-l " DETAILED SITE
PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHffiIT "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.
Ed Murphy, 1313 North White Chapel Boulevard, Southlake, Texas, spoke in support but
expressed a concern regarding the lack of an eight foot tall masonry wall on the south property
line.
Zena Rucker, 650 South Carroll Avenue, Southlake, Texas, expressed a concern regarding the
lack of an eight foot tall masonry wall on the south property line. She said she would be willing
to compromise and accept a six foot wall.
Mayor Wambsganss closed the public hearing.
Mayor Wambsganss asked the applicant to quickly meet with the adjacent property owners to see
if a compromise can be reached and stated that he would delay Council's action on this item until
later in the meeting.
Agenda Item No. 7C was considered next.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 16, 2005
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Agenda Item No. 7C. Consider olacing a prooosal to adopt a tax rate increase and hold a l'ublic
hearing on the tax rate on the agenda of the Seotember 6. 2005 regular City Council meeting.
Director Elam presented this item to Council.
No one spoke during the public hearing.
Motion was made to approve Agenda Item No. 7C, consider placing a proposal to adopt a tax
rate increase and hold a public hearing on the tax rate on the agenda of the September 6, 2005
regular City Council meeting.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 5-0
Agenda Item No. 8B. Ordinance No. 480-464. 18t Reading (ZA05-050t Zoning Change and Site
Plan for Bavlor Family Health Center at Southlake. located on the south side of East Southlake
Boulevard. aooroximately 550 feet east of Byron Nelson Parkway. Current Zoning: 0-1 Office
District. Reauested Zoning: S-P-l Detailed Site Plan with limited 0-1 Office District uses. SPIN
Neighborhood #9E. Chief Planner Killough presented this item to Council.
Mavor Wambsflanss announced Council would now continue with Agenda Item Nos. 7A and 7B.
Motion was made to approve Ordinance No. 480-424a, 2nd Reading (ZA05-012), Zoning Change
and Site Plan for White Chapel Plaza Office Park specifically approving it as approved by the
Planning and Zoning Commission regarding the fencing on the south property line and subject to
Site Plan Review Summary No.3, dated July 15, 2005.
Motion: Terrell
Second: Muzyka
The Council continued to discuss this item and spoke to the adjacent property owners and the
applicant. Council discussed the various options of fencing for the south property line.
Counci/member Terrell withdrew his prior motion and made the following motion:
Motion was made to approve Ordinance No. 480-424a, 2nd Reading (ZA05-012), Zoning Change
and Site Plan for White Chapel Plaza Office Park subject to the recommendations of the
Planning and Zoning Commission; subject to Site Plan Review Summary No.3, dated July 15,
2005; amending the requirements at first reading to require the following for the fence on the
south property line: requiring a six-foot solid stone wall, made of the same materials as used on
the buildings, for the first 50-feet heading west from the right-of-way line and then dropping
down and continuing west as suggested by the applicant (two-foot rock base with a four-foot
wrought iron top); providing landscaping and shrubs of at least six-feet in height inside the fence
line the entire length of the southern boundary; and subject to the applicant's statement that he
will try to move the fence line in to try to save the trees along the southern property line.
Motion: Terrell
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 16, 2005
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Second:
Ayes:
Nays:
Approved:
Muzyka
Hill, Morris, Muzyka, Terrell, Wambsganss
None
5-0
Agenda Item No. 7B. ZA05-013. Plat Revision for Lots 13RI through 13R5. T.M. Hood No. 706
Addition. being a revision of Lot 13. T.M. Hood No. 706 Addition. The property is located at
1310 North White Chapel Boulevard. Current Zoning: S-P-1 Detailed Site Plan District with 0-1
uses. Proposed Zoning: S-P-1 Detailed Site Plan District with 0-1 Office District uses. SPIN
Neighborhood #11. Chief Planner Killough presented this item to Council in conjunction with
item 7 A.
Motion was made to approve ZA05-013, Plat Revision for Lots 13R1 through 13R5, T.M. Hood
No. 706 Addition, being a revision of Lot 13, T.M. Hood No. 706 Addition subject to Plat
Review Summary No.3, dated July 15, 2005, and subject to the recommendations of the
Planning and Zoning Commission.
Motion: Terrell
Second: Morris
Ayes: Hill, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 5-0
City Council continued with Af!enda Item No. 8B. Ordinance No. 480-464. rt Readinf! (ZA05-
050). Zoning Change and Site Plan for Bavlor Familv Health Center at Southlalee: Applicant
Jason Signor with The Cirrus Group made a presentation on this item and answered Council's
questions. Tina Larsen with Corgan Associates, 501 Elm Street, Dallas, Texas, designed the
buildings and reviewed the plan specifics with Council. Property owner John Drews, 3625 North
Hall, Dallas, Texas, and Tim Hodes with Adams Engineering, 500 Nolan Drive, Southlake,
Texas, also addressed Council's engineering and drainage questions.
Council asked for further clarification on the following items: better elevations, a color palette,
landscape specifics, specifics on the channel that incorporates the 2025 recommendations, to
super-impose the site plan on the aerial, approach adjacent property owner to discuss a reciprocal
parking agreement, and a tree plan that shows the trees that are being removed in red. Mr. Signor
asked to table this item to the next Council meeting in order to address Council's concerns.
Mayor Wambsganss read comment cards into the record from attendees who did not wish to
speak but wanted to record their support.
Eric Benzick, 1001 West Southlake Boulevard, Southlake, Texas;
Brent Walker, 1001 West Southlake Boulevard, Southlake, Texas;
Eileen O'Brien-Su, 505 St. Laurent Court, Southlake, Texas;
Steven Morrison, M.D., 1001 West Southlake Boulevard, Southlake, Texas; and,
Keith Schorn, M.D., 1235 Bent Creek Drive, Southlake, Texas.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 16, 2005
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Dr. Brian Walker, a physician at the existing Southlake Family Medicine clinic, addressed their
facility's existing parking problem with Council.
Motion was made to table Ordinance No. 480-464, 1st Reading (ZA05-050), Zoning Change and
Site Plan for Baylor Family Health Center at Southlake to the September 6, 2005, Council
meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Muzyka
Hill, Morris, Muzyka, Terrell, Wambsganss
None
5-0 (to table)
Mayor Wambsganss called for a break at 10:14 p.m.
Mayor Wambsganss reconvened the meeting at 10:29 p.m.
Agenda Item No. 8C. Ordinance No. 480-465. 1 st Reading (ZA05-062). Zoning Change and Site
Plan for Noble Oaks Offices (f.k.a. Offices at Carroll Oaks) located at 1550 South Carroll
Avenue. Current Zoning: SF-20A Single Family Residential District. Requested Zoning: S-P-l
Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #8. Chief Planner
Killough presented this item to Council. Applicant Bill Vaughan, 401 Marshall Road, Southlake,
'Texas, made a presentation and answered Council's questions. Applicant Chris Farris answered
Council's questions about trees.
Motion was made to approve Ordinance No. 480-465, 1 st Reading (ZA05-062), Zoning Change
and Site Plan for Noble Oaks Offices (f.k.a. Offices at Carroll Oaks) subject to the
recommendations of the Planning and Zoning Commission and subject to Site Plan Review
Summary No.3, dated July 15, 2005, and noting the applicant has agreed to add an additional
seven off-site live oaks and three crape myrtles at locations to be determined by the neighbors.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 5-0
Agenda Item No. 80. Ordinance No. 480-442a. 1st Reading (ZA05-072). Zoning Change and
Site Plan for West Hill Place (f.k.a. Westwood Office Park) located at 3100 West Southlake
Boulevard. Current Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses.
Reauested Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses. SPIN
Neighborhood #15. Chief Planner Killough presented this item to Council. Applicant Scott
Simmons, 1400 Laurel Lane, Southlake, Texas, answered Council's questions.
Motion was made to approve Ordinance No. 480-442a, 1 st Reading (ZA05-072), Zoning Change
and Site Plan for West Hill Place (f.k.a. Westwood Office Park) subject to the recommendations
of the Planning and Zoning Commission and subject to Site Plan Review Summary No.1, dated
July 1, 2005, with the exterior columns of the covered parking to be stone with brick caps and
center interior posts to be wrapped with a similar stone as the exterior columns.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 16, 2005
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Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Muzyka
Hill, Morris, Muzyka, Terrell, Wambsganss
None
5-0
Agenda Item No. IOD. Consider SP05-188. Variance to Sign Ordinance No. 704-B for Eveworks
located at 3105 East Southlake Boulevard. Chief Planner Killough presented this item to
Council. Applicant Robert Chu made a presentation and answered Council's questions. Council
agreed they would prefer the sign to have masonry around the edges instead of metal. The
applicant requested to table this item to allow time to research his options.
Motion was made to table SP05-188, Variance to Sign Ordinance No. 704-B for Eyeworks
located at 3105 East Southlake Boulevard.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 5-0 (to table)
Agenda Item No. 10E. Consider SP05-197. Variance to the conditional sign oermit regulations
for Gateway Plaza. Phase 2. for Red Hot & Blue located at 2750 East Southlake Boulevard. Suite
100. Chief Planner Killough made a presentation to Council. Applicant Greg Collins answered
Council's questions. Ray Drake of Paradise Signs, Dallas, Texas, answered Council's questions.
Motion was made to approve SP05-197, Variance to the conditional sign permit regulations for
Gateway Plaza, Phase 2, for Red Hot & Blue located at 2750 East Southlake Boulevard, Suite
100, approving 18-inch letters for "RHB"; 14-inch letters for "to go"; 12-inches for the words,
"Southern BBQ Grill"; eliminating the pigs; and approving 26-inches on the words, "Red, Hot &
Blue."
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Muzyka
Hill, Morris, Muzyka, Terrell, Wambsganss
None
5-0
Agenda Item No. 12. Meeting ad1ourned. Mayor Wambsganss adjourned the meeting at 12:06
a.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 16, 2005
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REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 16, 2005
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