2010-10-05 le CITY OF
SOUTH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 5, 2010
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 / 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, Deputy Director of Community Services Kari
Happold, Deputy Director of Community Services Kerry McGeath, Assistant to the
Director of Community Services Candice Sanders, Director of Economic Development
Greg Last, Director of Finance Sharen Jackson, Purchasing Manager Tim Slifka,
Director of Human Resources Stacey Black, Director of Information Technology Dale
Dean, Director of Planning and Development Services Ken Baker, Planner I Lorrie
Fletcher, Chief of Fire Services Mike Starr, Chief of Police Services Robert Finn,
Emergency Management Coordinator Colleen Crocker, Director of Public Works Robert
Price, Deputy Director of Public Works Gordon Mayer, Operations Manager Chuck
Kendrick, Community Initiatives Officer Renni Burt, City Attorney Tim Sralla, and City
Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The Work Session was called to order by Mayor
Terrell at 6:47 p.m.
Agenda Item No. 2. Invocation. Steve Hill from Spirit Life Church International gave the
invocation. Mayor Terrell led the pledge of allegiance.
Agenda Item No. 3. 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.
Council reviewed the items on the Consent Agenda.
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REGULAR SESSION:
Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to
order by Mayor Terrell at 7:03 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 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 7:03 p.m. Executive Session began at 7:23 p.m. and
ended at 8:18 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:24
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events.
Mayor Terrell announced upcoming meetings and events. Mayor Terrell recognized Boy
Scout Troop #507 and thanked them for being in attendance.
Agenda Item No. 3A2. Mayor's Report — Proclamation for Community Planning Month.
The Mayor read the proclamation into the record and then presented it to Director
Baker.
Agenda Item No. 3A3. Mayor's Report — Proclamation for Fire Prevention Week. The
Mayor read the proclamation into the record and then presented it to Fire Chief Starr,
Emergency Management Coordinator Crocker, and Community Initiatives Officer Burt.
Agenda Item No. 3B. City Manager's Report. There was no report given.
CONSENT AGENDA: Consent Agenda items are considered to be routine by the City
Council and are enacted with one motion. The Mayor read the Consent Agenda items
into the record.
Agenda Item No. 4A. Approve the minutes from the September 21, 2010 regular City
Council meeting. The minutes were approved as presented.
Agenda Item No. 4B. Approve the purchase of replacement vehicles from Philpott
Motors in the amount of $168,998. A presentation was not made on this item.
Agenda Item No. 4C. Approve the purchase of new and replacement vehicles from
Caldwell Country Chevrolet in the amount of $56,528. A presentation was not made on
this item.
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Agenda Item No. 4D. Approve the purchase of a sewer hydro excavator vehicle from
Santex Truck Center and CLS Sewer Equipment in the amount of $136,364. Director
Price answered questions on this agenda item during the Work Session.
Agenda Item No. 4E. Approve SPDC Matching Funds request from Keep Southlake
Beautiful for Liberty Garden courtyard enhancements in the amount of $2,350. This item
was removed from the Consent Agenda and considered separately on the Regular
Agenda.
Agenda Item No. 4F. Approve a professional services agreement with Weaver and
Tidwell, L.L.P. for audit services. A presentation was not made on this item.
Agenda Item No. 4G. Approve an Enhancement Package for the public areas located in
Southlake Town Square. City Manager Yelverton and Directors Price and Tribble
answered questions on this agenda item during the Work Session. Michelle Thieson
with Inland answered Council's questions as well.
Agenda Item No. 4H. Approve Change Order No. 4 with Circle C Construction in the
amount of $62,551.41 for a 30 -inch water line on T.W. King Road. A presentation was
not made on this item.
Agenda Item No. 41. Approve a Commercial Developer's Agreement for the Carroll
Senior High School located at 1501 West Southlake Boulevard with Carroll Independent
School District. A presentation was not made on this item.
Agenda Item No. 4J. Approve the FY 2011 Ordinance and Protect Priority Schedule.
This item was removed from the Consent Agenda and considered separately on the
Regular Agenda.
Agenda Item No. 4K. Consider SV10 -020, Variance to Sign Ordinance No. 704, as
amended, for a temporary sign for Gateway Church located at 700 Blessed Way. A
presentation was not made on this item.
Agenda Item No. 4L. Ordinance No. 480 -598 (ZA10 -039), 2 Reading, Zoning Change
and Concept Plan for Southlake Montessori on property being legally described as Lot
4, Block 1, Pecan Creek Addition and being located at 731 Zena Rucker Road. Current
Zoning: 0-1 Office Zoning District. Requested Zoning: S -P -2 Generalized Site Plan
Zoning District. SPIN Neighborhood #9. This item was tabled to the October 19, 2010
City Council meeting at the applicant's request.
Motion was made to approve Consent Agenda items 4A; 4B; 4C; 4D; 4F; 4G; 4H; 41;
4K; and to table item 4L to the October 19, 2010 City Council meeting at the applicant's
request.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
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Nays: None
Approved: 7 -0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum. No one
spoke. Mayor Terrell closed the public forum.
Agenda Items 4E and 4J were considered next.
Agenda Item No. 4E. Approve SPDC Matching Funds request from Keep Southlake
Beautiful for Liberty Garden courtyard enhancements in the amount of $2,350. Director
Tribble presented this item to the Council and answered questions.
Motion was made to approve SPDC Matching Funds request from Keep Southlake
Beautiful for Liberty Garden courtyard enhancements in the amount of $2,350.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 4J. Approve the FY 2011 Ordinance and Project Priority Schedule.
Assistant to the City Manager Ortowski presented this item to Council and answered
questions.
After discussion, Council agreed to move forward with some of the more simple
revisions to the gas drilling ordinance that were identified during the joint work session
with the Planning and Zoning Commission earlier this evening. They also agreed to
swap the preparation of the dirt pile ordinance with the alcoholic beverages ordinance.
Motion was made to approve the FY2011 Ordinance and Project Priority Schedule with
the changes as noted.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6A. Ordinance No. 984, 2 Reading, Approve a negotiated resolution
between the Atmos Cities Steering Committee and Atmos Energy. Mayor Terrell
introduced this item but no separate presentation was given. 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
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CITIES STEERING COMMITTEE ( "ACSC" OR "STEERING COMMITTEE ") AND
ATMOS ENERGY CORP., MID -TEX DIVISION ( "ATMOS MID -TEX" OR "COMPANY ")
REGARDING THE COMPANY'S THIRD RATE REVIEW MECHANISM ( "RRM ") 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 MID -TEX'S PROOF OF
REVENUES; EXTENDING THE RRM PROCESS FOR TWO CYCLES AND
ADOPTING A NEW RRM TARIFF; RATIFYING THE SETTLEMENT AGREEMENT,
INCLUDING COST RECOVERY FOR A STEEL SERVICE LINE REPLACEMENT
PROGRAM; 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.
Motion was made to approve Ordinance No. 984, 2nd Reading, Approve a negotiated
resolution between the Atmos Cities Steering Committee and Atmos Energy.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 7A. Ordinance No. 983, 1 Reading, Southlake 2030 Central Sector
Land Use Plan. Mayor Terrell introduced this item. No staff presentation was made on
this item.
Motion was made to approve Ordinance No. 983, 1 Reading, Southlake 2030 Central
Sector Land Use Plan.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 9A. Approve SPDC Matching Funds request from SDCA for Safety
Town in the amount of $218,273. Director Tribble presented this item and answered
questions. Assistant City Manager / Director of Public Safety Blagg answered questions
from Council.
Anne Wise, 904 Brazos Drive, Southlake, Texas from SDCA addressed Council's
questions.
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Council discussed this agenda item.
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 the city attorney. City Council adjourned for Executive
Session at 9:16 p.m. Executive Session began at 9:20 p.m. and ended at 9:33 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 9:36
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
Council continued their discussion.
Mayor Terrell read the following comment cards from the public who did not want to
speak but wanted to express their support for this agenda item:
Van Williams, 125 West Chapel Downs Drive, Southlake, Texas;
Cindy Engel, 125 West Chapel Downs Drive, Southlake, Texas; and,
Cindy Robinson, 1416 Park Place, Southlake, Texas.
Motion was made to approve SPDC Matching Funds request from SDCA for Safety
Town with matching funds of $125,000 with the following contingencies: 1) matching
funds from the Hudson Foundation will be achieved at $100,000; and 2) matching funds
from SDCA of $25,000 will be achieved equaling a total of $125,000 towards SPDC
Matching Funds but stating the city will only match the funds received.
Motion: Zito
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 9B. Approve SPDC Matching Funds request from Southlake Senior
Funding, Inc. for the purchase of a handicap accessible bus in the amount of $65,000.
Director Tribble presented this item to Council and answered their questions.
Motion was made to approve SPDC Matching Funds request from Southlake Senior
Funding, Inc. for the purchase of a handicap accessible bus in the amount of $61,350
pending an agreement approved and signed by the City Council and pending receipt of
the grant.
Motion: Hill
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
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Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 10:46
p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
L SCI
John Terre
Mayor
ATTEST:
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Lori Payne • `
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City Secretary .. q
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