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2011-03-01 Regular CC Meeting Le CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: MARCH 1, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order. 2. Invocation: Eric Hulet, Chaplain of the Month 3. Water Conservation Irrigation Audit/Repair Pilot Program 4. Southlake 2030 Plan - Wildlife Management Element 5. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: Immediately following the work session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subiect matter of this City Council meeting. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding gas drilling and production and gas utility companies. b. Seek advice of the city attorney regarding pending XTO and Energy Transfer Specific Use Permit, Gas Well Permit and Pipeline Permit applications. c. Seek advice from the attorney regarding new federal case law referencing special protected land uses. d. Seek advice of the city attorney regarding Carroll Independent School District projects. e. Seek advice of the city attorney regarding the regulation of the sale of alcoholic beverages. 2. Section 551.072: Deliberation regarding real property City of Southlake values: Integrity ♦ Innovation • Accountability • Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 1, 2011 Page 2 of 6 a. Discuss the potential purchase or lease of real property for city facilities and projects. 3. Section 551.074: Deliberation regarding personnel matters a. Deliberate the appointments of city board and commission members. 4. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events B. City Manager's Report 1. 2010 Annual Racial Profiling Report CONSENT AGENDA: All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: A. Approve the minutes from the February 3, 2011 joint work session with City Council and the Planning and Zoning Commission and the February 8, 2011 Special City Council meeting B. Approve Change Order No. 8 with North Texas Contracting, Inc. in the amount of $479,539.00 for additional utility and drainage improvements associated with the Neighborhood Sewer Project C. Declare Aqua Texas property as surplus D. Approve an annual renewal of Town Square street sweeping contract with Mid - Cities Sweepers Plus, Inc. E. Ordinance No. 641 -B, 1 Reading, Approve revisions to the floodplain ordinance. (If approved on first reading, the public hearing will be held on March 29, 2011.) F. Resolution No. 11 -012, Authorize the city attorney to bring condemnation action for the purpose of obtaining street right of way and easements for City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 1, 2011 Page 3 of 6 construction and maintenance of North Kimball Avenue located in the Francis Throop Survey, Abstract 1511 at 1200 North Kimball Avenue G. Approve travel for Mayor Terrell to Austin, Texas for Tarrant County Days at the Capitol on March 2 -3, 2011 H. Resolution No. 11 -014, Approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2011A for capital improvement projects I. Resolution No. 11 -015, Approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2011B for capital improvement projects J. Resolution No. 11 -016, Approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2011C for capital improvement projects REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m. This is the public's opportunity to address the City Council about non - agenda items. During this proceeding, the City Council will not discuss, consider or take action on any item presented. We respectfully ask that anyone stepping forward to speak during Public Forum to please limit remarks to three minutes or less.) 6. Ordinances, second readings, public hearings, and related items: A. Resolution 11 -004 (GAS10 -001), Specific Use Permit for Gas and Oil Well Drilling and Production on property being described as Tract 1A, H. Decker Survey, Abstract No. 438 and being located at 1719 East Continental Boulevard. Current Zoning: AG Agricultural Zoning District. SPIN Neighborhood #8. PUBLIC HEARING B. GAS10 -002, Consider requested variances to Ordinance No. 880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well permit(s) associated with gas and oil well drilling and production on property being located at 1719 East Continental Boulevard on property being described as a portion of Tract 1A, H. Decker Survey, Abstract No. 438. Current Zoning: AG Agricultural District. SPIN Neighborhood #8. THIS ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution No. 11 -004 — GAS10 -001) City of Southlake values: Integrity ♦ Innovation ♦ Accountability • Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda March 1, 2011 Page 4 of 6 C. GAS10 -003, Consider requested variances to Ordinance No. 880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline permit associated with gas and oil well drilling and production on property being located at 1719 East Continental Boulevard on property being described as a portion of Tract 1A, H. Decker Survey, Abstract No. 438. Current Zoning: AG Agricultural District. SPIN Neighborhood #8. THIS ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution No. 11 -004 — GAS10-001) D. Variance to Noise Ordinance No. 778, as amended, for Energy Transfer to install a pipeline for the transportation of natural gas; identified as Segments 1 and 2 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: A. Resolution No. 11 -010, Appointing a member to the Crime Control and Prevention District to fill an unexpired term B. Resolution No. 11 -011, Appointing a member to the Planning and Zoning Commission to fill an unexpired term 9. Other items for consideration: (There are no items on this agenda.) 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, February 25, 2011 by 6:00 p.m., pursuant to the Texas Government Gp41g,,Chapter 551. _ ` tki,Vb/84.0.6 , d.a• ®® iii Alicia Richardson, TRMC F. c,�: � :0 5 I. City Secretary If you plan to attend this public" "tat ++reand have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817 - 748 -8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity • Innovation • Accountability • Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda March 1, 2011 Page 5 of 6 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and /or contemplated litigation subjects: 1. Jayson Steele vs. City of Southlake. August 2008. 2. Pending Public Information Act requests. 3. Texas Attorney General litigation defending the constitutionality of the Texas Open Meetings Act. 4. Legal issues regarding the Barnett Shale gas extraction and transportation. Section 551.072: Deliberation regarding real property The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda March 1, 2011 Page 6 of 6 Section 418.183(0: Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism - related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety The City Council may discuss emergency management plans involving pipeline safety and /or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork C ITY O F S OUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: MARCH 1, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, Deputy Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A. Muller, Jeff Wang and Al Zito. CITY COUNCIL ABSENT: None STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of Finance Sharen Jackson, Director of Information Technology Dale Dean, Director of Planning and Development Services Ken Baker, Planner II Jennifer Crosby, Chief of Fire Services Mike Starr, Fire Marshal David Barnes, Chief of Police Services Robert Finn, Director of Public Works Robert Price, City Attorney E. Allen Taylor, and City Secretary Alicia Richardson. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:42 p.m. 2. INVOCATION Mr. Eric Hulet from Grace Community Church gave the invocation. Mayor Terrell led the pledge of allegiance. 3. WATER CONSERVATION IRRIGATION AUDIT / REPAIR PILOT PROGRAM Planner II Jennifer Crosby presented item to Council. Ms. Crosby outlined the water conservation program which is designed to help residents efficiently utilize lawn irrigation water. 4. SOUTHLAKE 2030 PLAN - WILDLIFE MANAGEMENT ELEMENT Ms. Crosby presented item to Council and was available to answer questions. Ms. Crosby informed Council that staff is seeking direction to explore opportunities for wildlife management, which includes focusing on citizen education programs and REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 1 of 9 possible partnerships with Texas Parks Wildlife Department, adjacent cities, Corps of Engineers and Bob Jones Nature Center. The City has seen an increase in wildlife, particularly in the northern area. 5. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA No action was taken during the Work Session and each item was considered during the Regular Session. Mayor Terrell announced that Item 4G will be removed from the consent agenda. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:10 p.m. 2A. EXECUTIVE SESSION Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with the city attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:10 p.m. Executive Session began at 6:28 p.m. and concluded at 7:50 p.m. 2B. RECONVENE Mayor Terrell reconvened the regular meeting at 8:06 p.m. and asked if any action was necessary from Executive Session. Councilmember Wang not present when Mayor Terrell reconvened the meeting. No action was taken by Council. 3. REPORTS A. Mayor's Report — Update of upcoming meetings and events Mayor Terrell announced upcoming meetings and events. B. City Manager's Report City Manager Shana Yelverton informed Council a written report prepared by the Police REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 2 of 9 Department for the 2010 Annual Racial Profiling is included in the packet. Police Chief Robert Finn was available to answer questions from Council. CONSENT AGENDA (Items 4A -J) Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items into the record. 4A. APPROVE THE MINUTES FROM THE FERUARY 3, 2011 JOINT WORK SESSION WITH CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION AND FEBRUARY 8, 2011 SPECIAL CITY COUNCIL MEETING 4B. APPROVE CHANGE ORDER NO. 8 WITH NORTH TEXAS CONTRACTING, INC. IN THE AMOUNT OF $479,539 FOR ADDITIONAL UTILITY AND DRAINAGE IMPROVEMENTS ASSOCIATED WITH THE NEIGHBORHOOD SEWER PROJECT 4C. DECLARE AQUA TEXAS PROPERTY AS SURPLUS 4D. APPROVE AN ANNUAL RENEWAL OF TOWN SQUARE STREET SWEEPING CONTRACT WITH MID - CITIES SWEEPERS PLUS, INC. 4E. ORDINANCE NO. 641 -B, 1 READING, APPROVE REVISIONS TO THE FLOODPLAIN ORDINANCE. (IF APPROVED ON FIRST READING, THE PUBLIC HEARING WILL BE HELD ON MARCH 29, 2011) 4F. RESOLUTION NO. 11 -012, AUTHORIZE THE CITY ATTORNEY TO BRING CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING STREET RIGHT OF WAY AND EASEMENTS FOR CONSTRUCTION AND MAINTENANCE OF NORTH KIMBALL AVENUE LOCATED IN THE FRANCIS THROOP SURVEY, ABSTRACT 1511 AT 1200 NORTH KIMBALL AVENUE 4G. APPROVE TRAVEL FOR MAYOR TERRELL TO AUSTIN, TEXAS FOR TARRANT COUNTY DAYS AT THE CAPITOL ON MARCH 2 -3, 2011 This item was removed from the agenda and no action was taken on item. 4H. RESOLUTION NO. 11 -014, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2011A FOR CAPITAL IMPROVEMENT PROJECTS 41. RESOLUTION NO. 11 -015, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2011B FOR CAPITAL IMPROVEMENT PROJECTS REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 3 of 9 4J. RESOLUTION NO. 11 -016, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2011C FOR CAPITAL IMPROVEMENT PROJECTS Motion was made to approve consent agenda items 4A, 4B, 4C, 4D, 4E, 4F, 4H, 41 and 4J as presented. Motion: Hill Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Terrell opened the public forum. Ms. Leigh Wambsganss, 1507 Chimney Works Drive, spoke to Council regarding the Local Option Election. She requested Council place a discussion item on each agenda leading up to the May 14 election. She requested the City provide maps that would illustrate areas that package stores could locate within the City if the proposition is approved on May 14, 2011. 6A. RESOLUTION NO. 11 -004 (GAS10 -001), SPECIFIC USE PERMIT FOR GAS AND OIL WELL DRILLING AND PRODUCTION ON PROPERTY BEING DESCRIBED AS TRACT 1A, H. DECKER SURVEY, ABSTRACT NO. 438 AND BEING LOCATED AT 1719 EAST CONTINENTAL BOULEVARD. CURRENT ZONING: AG AGRICULTURAL ZONING DISTRICT. SPIN NEIGHBORHOOD #8 TABLED TO MARCH 29, 2011 CITY COUNCIL MEETING Councilmember Wang filed a conflict of interest affidavit with the City Secretary and did not participate in the discussion or vote for this item. Mayor Terrell advised that Council would receive a joint presentation for items 6A, 6B, 6C and 6D. Director of Planning and Development Services Ken Baker presented item to Council and was available to answer questions. Applicants Walter Dueease, 810 Houston Street, Fort Worth, Texas and Project Engineer Anthony Wilte were available to answer questions from Council related to GAS10 -001, GAS10 -002, GAS 10 -003 and variance to Noise Ordinance No. 778. Mr. Dueease confirmed that XTO is agreeable to applying stipulations from the Milner site to this request. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 4 of 9 Mayor Terrell opened the public hearing. The following people spoke in opposition: Michael Grayson, 1426 Montgomery Lane; Kim Davis, 1438 Montgomery Lane; Joanna Grayson, 1426 Montgomery Lane; Gordon Aalund, 200 E. Chapel Downs Drive; Steve Linehan, 220 Timberline Lane; Todd Schneider, 1418 Monarch Way; Jarod Jenson, 107 Vermilion Court; Gay Gurns, 401 Atherton Circle; Matt Cleaves, 909 Parkview Lane; Jodi Lash, 1430 Eagle Bend; Richard Lash, 1430 Eagle Bend; Tom Riney, 1505 Spruce Court; Beth Adams, 165 Creekway Bend; Don Davis, 1438 Montgomery Lane; Mark Kubik, 1434 Montgomery Lane; Laurie Schneider 1418 Monarch Way; Stacey Bott, 1604 Ponderosa Way; Jagdip Patel, 2625 Johnson Road; Troy Findley, 802 Dove Creek Trail; Bonnie Dumas, 906 South Hollow Court; and Arra Murphy, 1410 Monarch Way. Mr. Lee Richardson, 2395 Johnson Road, spoke in opposition to the pipeline, but was in favor of drilling. The following people were in opposition, but did not wish to speak: Gina Aalund, 200 E. Chapel Downs Road; Susan Alemon, 1421 Montgomery Lane; Paul Blight, 1418 Montgomery Lane; Jeff Bullard, 240 Timberline Lane; Molly Bullard, 240 Timberline Lane; Rhonda Cleaves, 909 Parkview Lane; Nelda L. Cooper, 1550 Bent Creek Drive; Julie Craft, 1422 Monarch Way; Cynthia Day, 1620 Byron Nelson Parkway; Marlene Eldred, 160 E. Continental; Mike Ernest, 1422 Montgomery Lane; Katherine Findlay, 802 Dove Creek Trail; Billie J. Garner, 225 Timberline Lane; Robert Garner, 225 Timberline Lane; Anthea Gilchrist, 1312 Montgomery Lane; Bill Gleim, 1905 Amesbury Court; Keaton Gleim, 1905 Amesbury Court; Patty Gleim, 1905 Amesbury Court; Joan Gonzales, 400 Borders Court; Diane Harris, 1025 Mission Drive; Jessica Heintz, 1433 Sandstone Court; Gary Ingram, 1409 Kensington Court; Terri Johnston, 1421 Monarch Way; John Jordan, 1212 Clubhouse Court; Carol Kostaras, 1314 Montgomery Lane; Rajesh & Vidyadaini Kumar, 506 Queensbury Turn; Mike Maeker, 1204 Sabine Court; Stacey Maeker, 1204 Sabine Court; Monica Mainard, 707 Aberdeen Way; Brenda McClanahan, 306 Quail Court; Mike Mills, 1528 Main Street; Tammy Murray, 518 Queensbury Turn; Greg Pahanish, 911 Westminster Way; Wanda Pahanish, 911 Westminster Way; Kathleen Ruth, 1337 Eagle Bend; Jim Ruth, 1337 Eagle Bend; Jenni Samuel, 1321 Province Lane; Monique Schill, 162 Jellico Circle; Nick and Susan Smith, 1204 Sarah Park Trail; Beverly Spillyards, 1920 Cresson; David Spillyards, 1920 Cresson; Nancy Tsay, 1108 LaPaloma Court; Susan K. Turnwald, 516 Queensbury Turn; Jozef Verhaert, 1414 Monarch Way; Robert Watt, 1220 Woodsey Court; Peter Wilcox, 1904 Country Moss Way; Sally Wilcox, 1904 Country Moss Way; Matt Wilsman, 1604 Ponderosa Way; Amy Weiss, 514 Queensbury Turn; Rob Weiss, 514 Queensbury Turn; and C. Ducey, 1128 Tealwood Court. The following spoke in support: David Poole, 1216 Street, Emilion Court; Dennis Minder, 223 Eastwood Drive; Pattie Minder, 223 Eastwood Drive; and Bobby G. Adams (owns property located at 1204 & 1206 Woodsey Court). REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 5 of 9 The following submitted a card to speak in favor, but were not present when name was called: Syed Jamal, 2000 Shady Oaks; Gary Fickes, 4021 Hilltop Drive; Zena Rucker, 650 S. Carroll; and Greg Billingsly, 1217 Woodsey Court. The following people were in support, but did not wish to speak: Ruth Ann Adams, 695 W. Glade Road, Euless, Texas (owns property located at 1204 & 1206 Woodsey Court); Tom Allen, 9 Village Circle, Westlake, Texas (owns property in Southlake); Sadia Ambarin, 2000 Shady Oak; Sam Bastawros, 1232 Woodsey Court; Viera Bastawros, 1052 Westpark Circle; Gerald Bentley, 1016 South Hollow Drive; Frank L. Bliss, 1008 Quail Run Road; Diane Borkowsk, 1025 Summerplace Lane; Jerry Boyle, 1600 & 1604 Hart Street; Shelly Broder, 1625 Brumlow Avenue; Brian Claffey, 1625 Brumlow Avenue; Charlie Claffey, 1625 Brumlow Avenue; Alice Covington, 1213 Woodsey Court; Jim T. Covington, 1213 Woodsey Court; Cheryl Davidson, 1013 S. Hollow Drive; Rich Deotte, 112 Keystone; Carlos Dorris, 213 Eastwood Drive; Karen Dorris, 213 Eastwood Drive; John T. Eubanks, 450 North Kimball Road; Kim Fox, 605 South Kimball Avenue; Todd Fox, 605 South Kimball; Michael Frazier, 1013 South Hollow Drive; Eva Gorgi, 1221B Woodsey Court; Nagy Gorgi, 1221A Woodsey Court; Charles Griffith, 2718 York Court; Cindy Grossman, 217 Westwood Drive; Kenneth Grossman, 217 Westwood Drive; R. V. Hardisty, 1002 Pine Meadow Court; Michael Heath, 211 Westwood Drive; Al Hildreth, 1016 Diamond Boulevard; Arthur G. Hobbs, Jr., 1404 Chimney Works Drive; Fred Joyce, 455 Randol Mill; Bill & Phyllis Lafavert, 620 South White Chapel; Russell & Ann Leavens, 220 Westwood Drive; Dwayne MacTavish, 2809 Brookshire Drive; Kim MacTavish, 2809 Brookshire Drive; Tom Matthews, 2600 East Southlake Boulevard; Darrell L. McNutt, 212 Westwood Drive; Nadolyn Miller, 220 Eastwood Drive; Joey & Laurie Miller, 651 East Highland; Mary Jo Milner, 651 East Highland; Pat Morgan, 210 Westwood Drive; Carl Sledz, 220 Eastwood Drive; William E. Stonaker, 2112 Kimball Hill Court; George & Corrine Tuttle, 219 Eastwood Drive; Gene & Charlene Upshaw, 655 East Highland Street; Patricia N. Wilson, 2112 Kimball Hill Court; and Lemoine Wright, 209 North Gibbons, Argyle, Texas. There being no one else wishing to speak, Mayor Terrell closed the public hearing. Mr. Dueese and Mr. Wilte answered questions from Council regarding location of the pipeline. As a result of the discussion, Deputy Mayor Pro Tem Bledsoe and Councilmembers Morris and Zito will meet to discuss pipeline concerns, as scheduled by Mr. Baker. Mayor Terrell informed Mr. Dueese that Council is not prepared to vote on requests and recommended that he request Council table items to the March 29, 2011 Council meeting. Mr. Dueese requested that Council table items 6A, 6B, 6C and 6D to the March 29, 2011 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 6 of 9 Motion was made to table items 6A, 6B, 6C and 6D to the March 29, 2011 City Council meeting. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito Nays: None Abstained: Wang Approved: 6 -0 6B. GAS10 -002, CONSIDER REQUESTED VARIANCES TO ORDINANCE NO. 880 -A, GAS AND OIL WELL PERMIT DRILLING AND PRODUCTION ORDINANCE FOR GAS WELL PERMIT(S) ASSOCIATED WITH GAS AND OIL WELL DRILLING AND PRODUCTION ON PROPERTY BEING LOCATED AT 1719 EAST CONTINENTAL BOULEVARD ON PROPERTY BEING DESCRIBED AS A PORTION OF TRACT 1A, H. DECKER SURVEY, ABSTRACT NO. 438. CURRENT ZONING: AG AGRICULTURAL DISTRICT. SPIN NEIGHBORHOOD #8 TABLED TO MARCH 29, 2011 CITY COUNCIL MEETING This item was presented, discussed and action taken in conjunction with item 6A. 6C. GAS10 -003, CONSIDER REQUESTED VARIANCES TO ORDINANCE NO. 880 -A, GAS AND OIL WELL PERMIT DRILLING AND PRODUCTION ORDINANCE FOR A PIPELINE PERMIT ASSOCIATED WITH GAS AND OIL WELL DRILLING AND PRODUCTION ON PROPERTY BEING LOCATED AT 1719 EAST CONTINENTAL BOULEVARD ON PROPERTY BEING DESCRIBED AS A PORTION OF TRACT 1A, H. DECKER SURVEY, ABSTRACT NO. 438. CURRENT ZONING: AG AGRICULTURAL DISTRICT. SPIN NEIGHBORHOOD #8 TABLED TO MARCH 29, 2011 CITY COUNCIL MEETING This item was presented, discussed and action taken in conjunction with item 6A. 6D. VARIANCE TO NOISE ORDINANCE NO. 778, AS AMENDED, FOR ENERGY TRANSFER TO INSTALL A PIPELINE FOR THE TRANSPORTATION OF NATURAL GAS; IDENTIFIED AS SEGMENTS 1 AND 2 TABLED TO MARCH 29, 2011 CITY COUNCIL MEETING This item was presented, discussed and action taken in conjunction with item 6A. 7. ORDINANCES, FIRST READINGS AND RELATED ITEMS No items. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 7 of 9 Mayor Terrell announced City Council would reconvene into Executive Session pursuant to the Texas Government Code, Section 551.074, deliberation regarding personnel matters. City Council adjourned for Executive Session at 12:35 a.m. Executive Session began at 12:45 a.m. and concluded at 1:28 a.m. Mayor Terrell reconvened the meeting at 1:29 a.m. with all Council Members present. 8. RESOLUTIONS 8A. RESOLUTION NO. 11 -010, APPOINTING A MEMBER TO THE CRIME CONTROL AND PREVENTION DISTRICT TO FILL AN UNEXPIRED TERM APPROVED A motion was made to appoint Richard Sandow to an unexpired term on the Crime Control and Prevention District. Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 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 PERSON TO SERVE ON THE BOARD OF DIRECTORS FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING AN EFFECTIVE DATE. 8B. RESOLUTION NO. 11 -011, APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISISON TO FILL AN UNEXPIRED TERM APPROVED A motion was made to appoint Todd Parish to an unexpired term on the Planning and Zoning Commission. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Terrell, Wang, Zito Nays: Morris, Muller Approved: 5 -2 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 8 of 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER TO SERVE ON THE PLANNING AND ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. 9. OTHER ITEMS FOR CONSIDERATION No items. 10.OTHER ITEMS FOR CONSIDERATION No items. 11. MEETING ADJOURNED Mayor Terrell adjourned the meeting at 1:30 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terre' Mayor ATTEST: " q, c • •N•.. 0•. � 4 11- bp Alicia Richardson CitySecretary • '''•••••••'' •• REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 9 of 9