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Item 4A (4)lug CITY OF SOUTHLAKE 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 ST 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, Zito Nays: None Approved: 6 -0 Councilmember Wang absent from vote. 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 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 4 of 9 to Noise Ordinance No. 778. Mr. Dueease confirmed that XTO is agreeable to applying stipulations from the Milner site to this request. 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. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 5 of 9 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). 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. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 6 of 9 Mr. Dueese requested that Council table items 6A, 6B, 6C and 6D to the March 29, 2011 City Council meeting. 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 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 7 of 9 No items. 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 OPPPDX /Fn 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 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 8 of 9 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 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 Terrell Mayor ATTEST: Alicia Richardson City Secretary REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2011 Page 9 of 9