Item 4A2REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 4, 2009
LOCATION
:1400 Main Street, Southlake, Texas
rd
3 Floor Training Rooms in Town Hall
Special note: In addition to the regular meeting, a joint work session was held with the
Planning and Zoning Commission to receive a joint presentation from staff on case
ZA09-034.
CITY COUNCIL PRESENT
: Mayor John Terrell, Mayor Pro Tem Virginia M. Muzyka,
Deputy Mayor Pro Tem Laura K. Hill, and Councilmembers Brandon Bledsoe, Gregory
Jones, Carolyn Morris, and Pamela A. Muller.
CITY COUNCIL ABSENT
: None.
STAFF PRESENT
:City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of
Community Services Chris Tribble, Construction Manager Peter Kao, Director of
Economic Development Greg Last, Director of Finance Sharen Jackson, Director of
Human Resources Kevin Hugman, Director of Information Technology Dale Dean,
Information Technology Technician Eric Lusk, Director of Planning and Development
Services Ken Baker, Chief Building Official Paul Ward, Planner I Daniel Cortez,
Administrative Secretary Stephanie Breitbarth, Chief of Police Services Robert Finn,
Deputy Chief of Fire Services Bryan Thomas, Director of Public Works Robert Price,
Deputy Director of Public Works Gordon Mayer, City Attorney E. Allen Taylor, and City
Secretary Lori Payne.
WORK SESSION:
PLANNING AND ZONING COMMISSION MEMBERS PRESENT:
Chairman Al Morin,
Vice-Chairman Darrell Faglie, and Commissioners Robert Hudson, Joe Lancor,
Brigham McCown, and Jeff C. Wang.
PLANNING AND ZONING COMMISSION MEMBERS ABSENT:
Commissioner
Michael Springer.
Agenda Item No. 1. Call to order. The joint work session was called to order by Mayor
Terrell at 5:32 p.m.
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Agenda Item No. 2. Invocation. Chaplain of the Month, David Whitington, gave the
invocation. Mayor Terrell led the pledge of allegiance.
Harry Bowden, 401 North Carroll Avenue, Southlake, Texas addressed the group
regarding the Ridgeview at Southlake project which is no longer going forward. He
thanked the elected and appointed officials and city staff for their assistance and
direction throughout the initial phase of the project.
Item 3A. Joint meeting with the Planning and Zoning Commission to consider the
following item:
Resolution No. 09-047 (ZA09-034), Site Plan for Southlake Town Square, Building GA-
2 for Storefront Modification on property described as Lot 4R, Block 3R2R, Southlake
Town Square Addition and being located at 252 Grand Avenue. Current Zoning: DT
Downtown District. SPIN Neighborhood #8. Director Baker presented this item to
Council and the Commission. Applicant Jason Kasal of Southlake Town Square was
present to answer any questions.
Mayor Terrell closed the joint work session at 5:42 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session of the City Council was called to
order by Mayor Terrell at 5:42 p.m.
Agenda Item No. 2A. Executive Session. Mayor Terrell announced 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, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 5:42 p.m. Executive
Session began at 6:03 p.m. and ended at 6:27 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 6:52
p.m. and asked if any action was necessary from Executive Session.
Motion was made to direct staff to proceed with the termination of the Robinson
Landscape and Construction contract as discussed in the Executive Session.
Motion: Muzyka
Second: Jones
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 3A1. Mayor’s Report - Update of upcoming meetings and events.
Mayor Terrell announced upcoming meetings and events.
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Mayor Terrell said that item 3A2 would be presented later in the meeting.
Agenda Item No. 3B.City Manager’s Report. City Manager Yelverton announced the
kickoff meeting of the 2030 Plan on August 13, 2009.
Agenda Item No. 3B1. City Manager’s Report – Financial Report. City Manager
Yelverton gave a Financial Report to Council.
Agenda Item 3C. Parks and Recreation Board Report. A written report was provided to
Council.
CONSENT AGENDA:
Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. Council also added items 8A, 8B, and 8C to
the consent agenda.
Agenda Item No. 4A. Approve minutes from the July 21, 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B. Award a construction contract for waterline relocation on F.M.
1938 to Pipeworks Construction, LLC in the amount of $112,701 and authorize
construction phase contingencies. A presentation was not made on this item.
Agenda Item No. 4C. Approve Amendment No. 3 to the interlocal agreement with
Tarrant County for allocation of Tarrant County bond funds being provided in
conjunction with the F.M. 1938 project. A presentation was not made on this item.
Agenda Item No. 4D. Resolution No. 09-045, Amend the City of Southlake Insurance
Trust Agreement. A presentation was not made on this item.
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, AMENDING THE CITY OF
SOUTHLAKE INSURANCE TRUST.
Agenda Item No. 4E. Approve SPDC Matching Funds request from Bob Jones Nature
Center organization for $550 ($1,100 total cost) to purchase four benches for the nature
center patio. A presentation was not made on this item.
Agenda Item No. 4F. Approve professional services agreement with Dean Construction
for Construction Manager at Risk services for Bicentennial Park, Phase I improvements.
A presentation was not made on this item.
st
Agenda Item No. 4G. Ordinance No. 961, 1 Reading, Amend Chapter 5, Article IV
"Contractor Registration Ordinance" of the Southlake City Code. A presentation was not
made on this item.
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Agenda Item No. 4H. Resolution No. 09-028, Approve the terms and conditions of a
program to promote economic development and stimulate business and commercial
activity in the City; authorize the Mayor to execute an amended agreement with
Southlake Land Holdings, L.P., a Texas limited partnership, by Southlake Land
Holdings GP, L.L.C. a Texas limited liability company, its general partner for such
purposes; and provide an effective date. A presentation was not made on this item.
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, APPROVING THE TERMS
AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT
AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY;
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AGREEMENT WITH
SOUTHLAKE LAND HOLDINGS, L.P., A TEXAS LIMITED PARTNERSHIP, BY
SOUTHLAKE LAND HOLDINGS GP, L.L.C. A TEXAS LIMITED LIABILITY COMPANY,
ITS GENERAL PARTNER FOR SUCH PURPOSES; AND PROVIDING AN
EFFECTIVE DATE.
Agenda Item No. 8A. Resolution No. 09-048, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a right-of-way easement for the
purpose of constructing an 8 foot wide multi-purpose trail located on Tract 1A01, J.L.
Chivers Survey, Abstract No. 348, located at 600 East Dove Road. A presentation was
not made on this item.
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 AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF
OBTAINING A RIGHT-OF-WAY EASEMENT FOR THE PURPOSE OF
CONSTRUCTION OF A MULTIPURPOSE TRAIL OR FOR OTHER PUBLIC
PURPOSES PERMITTED BY LAW.
Mayor Terrell allowed the public to speak on this item.
John Koldus, 600 East Dove Road, Southlake, Texas spoke in opposition to this item.
Patricia Gilliland, 680 East Dove Road, Southlake, Texas asked about the purpose of
the trail.
Jerry Gilliland, 680 East Dove Road, Southlake, Texas spoke regarding the sewer
service in this area.
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Agenda Item No. 8B. Resolution No. 09-049, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a right-of-way easement for the
purpose of constructing an 8 foot wide multi-purpose trail located on Tract 2B1A, J.L.
Chivers Survey, Abstract No. 348, located at 680 East Dove Road. A presentation was
not made on this item.
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 AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF
OBTAINING A RIGHT-OF-WAY EASEMENT FOR THE PURPOSE OF
CONSTRUCTION OF A MULTIPURPOSE TRAIL OR FOR OTHER PUBLIC
PURPOSES PERMITTED BY LAW.
Agenda Item No. 8C. Resolution No. 09-050, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a right-of-way easement for the
purpose of constructing an 8 foot wide multi-purpose trail located on Tract 2B, J.L.
Chivers Survey, Abstract No. 348, located at 670 East Dove Road. A presentation was
not made on this item.
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 AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF
OBTAINING A RIGHT-OF-WAY EASEMENT FOR THE PURPOSE OF
CONSTRUCTION OF A MULTIPURPOSE TRAIL OR FOR OTHER PUBLIC
PURPOSES PERMITTED BY LAW.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; 4H;
8A; 8B; and 8C.
Motion: Muzyka
Second: Hill
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke during the public forum.
Agenda Item No. 3A2. Special recognition of Eric Wang. Mayor Terrell presented a
proclamation to Eric Wang for his many years of service to the City.
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nd
Agenda Item No. 6A. Ordinance No. 959, 2 Reading, Approve a negotiated resolution
between the Atmos Cities Steering Committee (“ACSC” or “Steering Committee”) and
Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company") regarding the
company's rate review mechanism filing in all cities exercising original jurisdiction;
declare existing rates to be unreasonable; requiring the company to reimburse cities’
reasonable rate-making expenses; adopt tariffs that reflect rate adjustments consistent
with the negotiated settlement and finding the rates to be set by the attached tariffs to
be just and reasonable; approve Atmos' proof of revenues; adopt a savings clause;
determine that this ordinance was passed in accordance with the requirements of the
Texas Open Meetings Act; declare an effective date; and require delivery of this
ordinance to the company and the steering committee’s legal counsel. A presentation
was not made on this item.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS
CITIES STEERING COMMITTEE (“ACSC” OR “STEERING COMMITTEE”) AND
ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "COMPANY")
REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES
EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE
UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES'
REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT
RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND
FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND
REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A
SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS
ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS
ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL
COUNSEL.
No one spoke during the public hearing.
nd
Motion was made to approve Ordinance No. 959, 2 Reading, Approve a negotiated
resolution between the Atmos Cities Steering Committee (“ACSC” or “Steering
Committee”) and Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or
"Company") regarding the company's rate review mechanism filing in all cities
exercising original jurisdiction; declare existing rates to be unreasonable; requiring the
company to reimburse cities’ reasonable rate-making expenses; adopt tariffs that reflect
rate adjustments consistent with the negotiated settlement and finding the rates to be
set by the attached tariffs to be just and reasonable; approve Atmos' proof of revenues;
adopt a savings clause; determine that this ordinance was passed in accordance with
the requirements of the Texas Open Meetings Act; declare an effective date; and
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require delivery of this ordinance to the company and the steering committee’s legal
counsel.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 6B. Resolution No. 09-046 (ZA09-024) Specific Use Permit for a Solar
Energy System for the Martin Residence on property being legally described as Lot 2,
Block 5, Chapel Downs Addition and being located at 104 East Chapel Downs Drive.
Current Zoning: SF-30 Single-Family Residential District. SPIN Neighborhood #7.
Planner Cortez presented this item to Council. Applicant Tony Martin, 104 East Chapel
Downs Drive, Southlake, Texas 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;
AS IT PERTAINS TO SOLAR ENERGY SYSTEMS; 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
PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 09-046 (ZA09-024) Specific Use Permit for
a Solar Energy System for the Martin Residence subject to Review Summary No. 1,
dated June 25, 2009.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item 6C. Resolution No. 09-047 (ZA09-034), Site Plan for Southlake Town
Square, Building GA-2 for Storefront Modification on property described as Lot 4R,
Block 3R2R, Southlake Town Square Addition and being located at 252 Grand Avenue.
Current Zoning: DT Downtown District. SPIN Neighborhood #8. Director Baker
presented this item during the joint work session with the Planning and Zoning
Commission earlier in the evening.
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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 SITE PLAN APPROVAL REVISING THE STOREFRONT ELEVATIONS
FOR A PORTION OF BUILDING GA-2, SOUTHLAKE TOWN SQUARE GRAND
AVENUE DISTRICT, BEING WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED
AT 252 GRAND AVENUE, BEING DESCRIBED AS LOT 4R, BLOCK 3R2R,
SOUTHLAKE TOWN SQUARE ADDITION, AS DEPICTED ON THE APPROVED SITE
PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A” AND
PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 09-047 (ZA09-034), Site Plan for
Southlake Town Square, Building GA-2, for Storefront Modification.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 7:44
p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary’s Office.
______________________________
John Terrell
Mayor
ATTEST:
______________________________
Lori Payne
City Secretary
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