2011-09-06 CITY O F
THLAIKE
SOU
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: September 6, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe,
Deputy Mayor Pro Tem Pamela Muller and Councilmembers Carolyn Morris, Martin
Schelling, Jeff Wang and Al Zito.
CITY COUNCIL ABSENT: None
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben
Thatcher, Assistant City Manager /Director of Public Safety Jim Blagg, Assistant to the
City Manager Alison Ortowski, Communication and Websites Manager Pilar Schank,
Director of Human Resources Stacey Black, Director of Planning and Development
Services Ken Baker, Planner I Lorrie Fletcher, Chief of Fire Services Mike Starr, Interim
Chief of Police Services Rusty Daniels, Director of Public Works Robert Price, City
Attorney E. Allen Taylor, City Secretary Alicia Richardson and Deputy City Secretary
Tara Brooks.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:30 p.m.
2. INVOCATION
Mr. Chris Hatchett with The Hills Church of Christ gave the invocation.
3. HONOR GUARD FLAG CEREMONY HONORING SEPTEMBER 11 FALLEN
HEROES
The Southlake Fire Department Honor Guard presented the United States and Texas
flags.
The Council watched a video honoring the first responders of September 11, 2001.
Mayor Terrell led the pledge of allegiance.
REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011
Page 1 of 1
4. ORDINANCE 880 -B - REVISIONS TO CHAPTER 9.5 OF THE CITY OF
SOUTHLAKE'S CITY CODE ARTICLE IV - GAS AND OIL WELL DRILLING
AND PRODUCTION (THIS ITEM WILL INCLUDE A PUBLIC COMMENT
PORTION WHERE THE PUBLIC WILL BE INVITED TO SPEAK ON
PROPOSED ORDINANCE REVISIONS. THIS ITEM WILL NOT BEGIN PRIOR
TO 7:00 P.M.)
Mayor Terrell informed the public that Council would convene to Executive Session prior
to discussion and public comments pertaining to Ordinance No. 880 -B. Mayor Terrell
informed members of the public to complete and sign a blue comment card if they wish
to comment on this item. Mayor Terrell announced that comments submitted by way of
the blue comment cards would be accepted and read into the record. Mayor Terrell
advised the public that comments sent electronically to members of Council, while they
would not be included in tonight's meeting minutes, they will be included in the planning
department's permanent case file.
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
5:50 p.m. Executive Session began at 6:08 p.m. and concluded at 7:30 p.m.
RECONVENE
Mayor Terrell reconvened the work session at 7:33 p.m. and asked if any action was
necessary from Executive Session. There was no action needed as result of Executive
Session.
Mayor Terrell explained that Council would receive an overview from staff of the
changes discussed at previous Council meetings, which will be followed by a
presentation on setbacks. Mayor Terrell informed the public a comprehensive list of the
proposed changes is located at the back of the Council Chambers. A red -lined version
of the proposed ordinance can be located on the City's website.
Mayor Terrell informed the public that Council values communication and public input.
He thanked everyone for their participation and reminded the public this item would not
be an answer and question session. This is an opportunity for the public to convey their
thoughts for the record on the proposed changes to the ordinance.
Director of Planning and Development Ken Baker presented an overview of the
proposed ordinance changes. Mr. Baker also reviewed the recent changes discussed
at the August 26, 2011 City Council meeting.
REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011
Page 2 of 2
City Attorney Allen Taylor addressed legal requirements pertaining to setbacks.
Director of Planning and Development Ken Baker presented proposed changes to the
setback language.
Mayor Terrell announced that the following citizens did not wish to speak, but wanted to
record their position regarding Ordinance No. 880 -B:
Mr. John Thane, 2600 South Quail Run Support
Court
Ms. Rebecca Madison, 550 Bentwood Support
Lane
Ms. Janeth Stiller, 218 Bob -O -Link Drive Opposed
Ms. Gayle Fluster, 645 Oak Hill Opposed to proposed changes, in favor of
drilling on Milner site
Mr. Tommy Madison, 550 Bentwood Support
Ms. Disa Mason, 906 Hanover Drive Opposed
Ms. Brenda McClanahan, 306 Quail Court Opposed to drilling in heavily populated
areas, supports increased setbacks and
no variances
Doug Roke, 304 Proakness Circle Support
James R. McCutcheon, 1383 Woodbrook Supports drilling, opposed to increased
Lane restrictions or setbacks
Francine Myers, 103 Swallow Court Support (clarified later that she was
opposed)
Susan Skaggs, 600 Llano Court Support responsible development of gas
resources; opposed to increased setbacks
Kyle Eldred, 160 East Continental Opposed
Latricia Earley, 1906 Amesbury Court Opposed to drilling
Linda Parker, 225 Eastwood Drive Support
Steven Ramundo, 910 Emerald Boulevard Support
David LaChance, 910 Emerald Boulevard Support
Don Stone, 901 Quail Crest Support drilling
Arra Murphy, 1410 Monarch Way Opposed (clarified later that she supports
proposed ordinance)
Mike & Doris Lafavers, 303 East Highland Opposed (spoke later in the meeting)
Road
Shannon Buss, 1403 Vine Blanc Court Against drilling, supports increased
setbacks from schools, homes, tanks, etc.
Don Davis, 1438 Montgomery Lane Opposed to urban drilling, supports
increased setbacks
Marilaine Wiggins, 1730 Randol Mill Ave Opposed to proposed ordinance, supports
current ordinance
Charlene Upshaw, 655 East Highland Opposed to proposed ordinance, supports
Street current ordinance
Valerie Clark, 755 Randol Mill Avenue Opposed
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Page 3 of 3
Patty Gleim, 1905 Amesbury Court Opposed
Melvin Earley, 1906 Amesbury Court Opposed (clarified later opposed to
drilling)
Bill Gleim, 1905 Amesbury Court Opposed
Joey & Laurie Milner Supports current ordinance
Coila K. Edson, 214 Canyon Lake Drive Supports drilling
Jack Edson, 214 Canyon Lake Drive Supports drilling
Walt Buchholtz, 805 Farrwood Court Support (clarified later supports existing
ordinance and opposed to increasing
setbacks)
Davis family, 200 South Peytonville Support (clarified later supports existing
ordinance)
Harmony McKnight, 1810 Randol Mill Supports responsible drilling
Avenue
Rebecca Utley, 1735 Shady Oaks Supports drilling, against increased
restrictions
In response to a question from the audience, Mayor Terrell informed the public that
Ordinance No. 880 -B includes proposed changes as discussed at previous Council
meetings. If support is selected on the public comment card, it indicates support of the
proposed ordinance that includes all the changes discussed to date and incorporated
into the ordinance. Mayor Terrell informed the public that they are welcome to
approach the podium if their position was incorrectly stated on the public comment card.
Mayor Terrell announced that the following citizens did not wish to speak, but wanted to
record their position regarding increased setbacks:
Amy Weiss, 514 Queensbury Turn Support increased setbacks
Marianne Martino, 600 Chapel Court Support increased setbacks
Kristen Martino, 600 Chapel Court Support increased setbacks
Beth Adams, 110 Wilmington Court Support increased setbacks
Susan K. Turnwald, 516 Queensbury Turn Support increased setbacks
Paul Blight, 1418 Montgomery Lane Support increased setbacks
Carol Kostaras, 1314 Montgomery Lane Support increased setbacks
Mary O'Conner, 2965 Barney Lane Support increased setbacks
Martin O'Conner, 2965 Barney Lane Support increased setbacks
Cyndi Day, 1620 Byron Nelson Parkway Support increased setbacks
Marcy McTaggart, 710 Wentwood Drive Support increased setbacks, do not allow
variances
Diane Harris, 1025 Mission Drive Support increased setbacks and 25%
maximum variance approval on setbacks
Matt Wilsman, 1604 Ponderosa Way Support increased setbacks and 25%
maximum variance approval on setbacks
Julie Hahn, 405 Bryn Meadows Opposed to decreasing setbacks and
exempting assisted living and nursing care
facilities
REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011
Page 4 of 4
Mayor Terrell announced that the following citizens have expressed an interest to state
their position regarding Ordinance No. 880 -B:
David Adams, 110 Wilmington Court Supports increased setbacks and the
Town of Flower Mound's ordinance
Michael Guidotti, 1301 Province Lane Supports increased setbacks and deleting
or limiting takings language
Richard McCauley, 900 Wildwood Lane Supports 2008 gas and oil drilling
ordinance
Mr. Robert Gray, 1275 Shady Oaks Drive Supports drilling
Simon Rurka, 803 Dominion Drive Opposed to drilling
Robert Johnson, 1110 Harbor Retreat Opposed to drilling
Jackie Burlingame, 645 Briarridge Road Supports drilling— current ordinance
Bill Spivey, 1520 Randol Mill Avenue Supports drilling
Mark Kubik, 1434 Montgomery Lane Supports increased setbacks
Kim Davis, 1438 Montgomery Lane Supports a stronger ordinance and
increased setbacks
Trevor Matheson, 902 Shadywood Street Opposed to drilling
Donny J. Charlton, 4357 Homestead Drive Supports drilling
August Schilling, 1260 Taylor Street Clarified that he is in favor of the current
ordinance
Eric Hulet, 251 Countryside Court Was not present when called to speak —
comment card listed that he was opposed
to the moratorium and in favor of moving
forward with application
Karl Kimball, 680 Truelove Trail Supports drilling
Mary Giery- Smith, 701 Malton Lane Opposed to drilling
Bob Seebeck, 480 West Highland Supports drilling
Laurie Schneider, 1418 Monarch Way Opposed to drilling in neighborhoods and
supports stronger ordinances
Dan Lacayo, 1590 Randol Mill Did not speak when called to podium,
comment card listed that he was in support
Joe Gregory, 1100 West Southlake Opposed to both ordinances, in favor of
Bouelvard decreasing setbacks
Bill and Phyllis Lafavers, 620 South White Supports current ordinance
Chapel Boulevard
Jennifer Myers, 801 Cross Lane Opposed to proposed revisions, in favor of
current ordinance
Ann Davis, 308 Foxborough Opposed to proposed revisions, in favor of
current ordinance
Brenda McClanahan, 306 Quail Court Opposed to drilling, supports increased
setbacks
Floyd McGlothilin, 2409 Emerald Circle Supports current ordinance
Jennifer Kessman, 711 Greymoor Lane Supports increased setbacks
Danielle K. O'Rean, 2050 Shady Oaks Supports drilling and current ordinance
REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011
Page 5 of 5
Drive
lzak Gregory, 1201 Oak Hurst Drive Opposed to increased setbacks and
regulations
Tom Allen, 9 Village Circle Supports current ordinances, opposed to
moratorium and increased restrictions
Gordon Aalund, 200 East Chapel Downs Supports increased setbacks and limiting
the percentage of variances
Charles Griffith, 2718 York Court Supports drilling
Marlene Eldred, 160 East Continental Opposed to drilling in highly populated
Boulevard areas
Troy Findley, 802 Dove Creek Trail Opposed to drilling
Carolyn Johnston, 817 Pearl Drive Supports drilling and in favor of current
ordinance
Leslie Guess, 411 Bryn Meadows Opposed to drilling and supports strictest
regulations
Janet French Did not speak when called to podium,
comment card listed that she was in
support
Gordon Spark, 600 Oak Hill Drive Supports drilling and current ordinance
Steve Davis, 300 West Highland In favor of current ordinance, opposed to
increased setbacks and regulations
Mel Skaggs, 600 Llano Court Supports safe and responsible gas drilling,
spoke about the Cudd Well report
Rick Wilhelm, 2209 Yeargin Court Supports drilling
Stacey Bott, 1604 Ponderosa Way Opposed to drilling near homes and
supports increased setbacks
Walt Buchholtz, 805 Farwood Court Clarified that he supports drilling and is
opposed to increased setbacks
Kalena Cook, 404 West Chapel Downs Opposed to drilling and supports increased
setbacks
Keith Houser, 1219 Whispering Lane Supports drilling and current ordinance
Howard Sanders, 100 Lakewood Drive Supports current ordinance
Rebecca Utley, 1735 Shady Oaks Drive Supports current ordinance
The following public comments cards were received during public comment portion of
the item.
Cindy Engel, 125 West Chapel Downs Ms. Engel did not speak; comment card
Drive listed that she was in support of gas
drilling under the Milner Specific Use
Permit (SUP).
Van Williams, 125 W. Chapel Downs Drive Mr. Williams did not speak; comment card
listed that he was in support of gas drilling
under the Milner Specific Use Permit
(SUP).
Jodi Lash, 1430 Eagle Bend Ms. Lash did not speak; comment card
REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011
Page 6 of 6
listed that she was in support of increasing
setback requirements to a minimum of
1500 feet
Joan Gonzales, 400 Berders Court Ms. Gonzales did not speak; comment
card listed that she was in support of
increasing setbacks
Jamie Cadiz, 707 Chaucer Court Jamie Cadiz did not speak; comment card
stated opposed and that revisions should
be one that protects all Southlake
residents, in favor of increased setbacks
Rajesh C. Kumar Rajesh Kumar did not speak; comment
card listed support for increased setbacks
Robert Stiller, 218 Bob 0 Link Drive Mr. Stiller did not speak; comment card
indicated opposition
Mayor Terrell announced that the public comment portion for this item is complete and
that Council would take a brief recess.
Mayor Terrell recessed the meeting at 10:19 p.m.
Mayor Terrell reconvened the meeting at 10:43 p.m.
5. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL
BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE
REGULAR SESSION.
City Council discussed this item in conjunction with regular agenda Item No. 4.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 10:43
p.m.
2A. EXECUTIVE SESSION
City Council convened into Executive Session earlier in the meeting.
2B. RECONVENE
City Council convened into Executive Session earlier in the meeting.
3. REPORTS
A. Mayor's Report —
REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011
Page 7 of 7
Update of upcoming meetings and events
Mayor Terrell announced upcoming meetings and events.
Council member Martin Schelling announced that Southlake Working as a Team
(SWAT) and Scholars and Athletes Serving Others (SASO) will have a community
service day at Carroll High School on Saturday, September 17 between 10:00 a.m. and
2:00 p.m.
Council member Morris announced that the annual Polycystic Kidney Disease (PKD)
walk /run is Saturday, September 24 at Southlake Town Square. The race will begin at
8:30 a.m., followed by the children's walk at 9:00 a.m. and the one mile walk at 9:30
a.m.
Council member Zito announced that the annual Southlake Chamber of Commerce
Oktoberfest is approaching and they are seeking volunteers for the event. The
Oktoberfest will be held September 30 — October 2 at Southlake Town Square.
B. City Manager's Report —
Southlake Arts Council written report
There was no presentation for this item.
4. CONSENT AGENDA (Items 4A -I) 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 MINUTES FROM THE AUGUST 1, 2011 JOINT CITY COUNCIL,
SOUTHLAKE PARKS DEVELOPMENT CORPORATION, AND PARKS AND
RECREATION BOARD MEETING AND THE AUGUST 16, 2011 CITY
COUNCIL MEETING.
4B. APPROVE A SIDEWALK CONSTRUCTION ESCROW AGREEMENT IN THE
AMOUNT OF $5,187.25 WITH PAULA VINING OF 1810 SUNSHINE LANE.
Staff and City Council discussed costs for constructing future sidewalks and the amount
identified in escrow agreement.
The consensus of Council was to include a statement in the motion that the sidewalk
would be constructed at such time when a sidewalk, on either side, is built up to the
property.
REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011
Page 8 of 8
4C. APPROVE THE PURCHASE OF RIGHT OF WAY AND EASEMENTS FOR
KIMBALL AVENUE IMPROVEMENTS FROM PROPERTY AT 2199 EAST
DOVE ROAD IN THE AMOUNT OF $240,000.
4D. APPROVE A TWO -YEAR CONTRACT EXTENSION WITH TXU ENERGY FOR
A FIXED RATE AGREEMENT TO PROVIDE THE CITY WITH ELECTRICITY.
4E. ORDINANCE NO. 544 -B, 1 READING, AMENDING ORDINANCE NO. 544 -A,
THE CITY OF SOUTHLAKE'S LANDSCAPE ORDINANCE. (IF APPROVED ON
FIRST READING, A PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON
SEPTEMBER 20, 2011.)
Council member Zito advised staff that he did not see language in Section 3.6 for the
use of weather station controllers.
Director of Planning and Development Ken Baker informed Council that staff would
incorporate the language for weather station controllers in the second reading of the
ordinance.
4F. CONSIDER SV11 -014, VARIANCE TO THE SHOPS OF SOUTHLAKE
CONDITIONAL SIGN PERMIT FOR PATINA FLOOR DESIGN STORE
LOCATED AT 1251 EAST SOUTHLAKE BOULEVARD, SUITE 315.
4G. ORDINANCE NO. 1012, 1ST READING, F.M. 1709 /F.M. 1938 CORRIDOR
SECTOR PLAN, AN ELEMENT OF THE SOUTHLAKE 2030 LAND USE PLAN.
(IF APPROVED ON FIRST READING, THE PUBLIC HEARING FOR THIS ITEM
WILL BE HELD ON SEPTEMBER 20, 2011.)
4H. APPROVE FUND BALANCE POLICY AMENDMENT.
41. ORDINANCE NO. 480 -605 (ZA10 -067), 1ST READING, ZONING CHANGE
AND SITE PLAN FOR WATERMERE MEDICAL PLAZA ON PROPERTY
DESCRIBED AS LOT 1, BLOCK 1, SLAYTON ADDITION, SOUTHLAKE,
TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2813 WEST
SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: SF-
1A — SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: 01 —
OFFICE DISTRICT. SPIN NEIGHBORHOOD #11. THE APPLICANT HAS
REQUESTED TO TABLE THIS ITEM UNTIL THE SEPTEMBER 20, 2011 CITY
COUNCIL MEETING.
A motion was made to approve the consent agenda as read, with the condition for Item
4B, that Ms. Vining will construct a sidewalk at such time that an adjacent sidewalk is
built up to her property.
Motion: Bledsoe
Second: Morris
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Page 9 of 9
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang
Nays: None
Approved: 7 -0
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Terrell opened the public forum.
There being no one wishing to speak, Mayor Terrell closed the public hearing.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ORDINANCE NO. 480 -497A (ZA11 -025), 2ND READING, ZONING CHANGE
AND SITE PLAN FOR KIMBALL CROSSING ON PROPERTY DESCRIBED AS
LOTS 1 AND 2, BLOCK 1, ETHAN ALLEN 1709 ADDITION, SOUTHLAKE,
TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 1B2, JOHN A.
FREEMAN SURVEY, ABSTRACT NO. 529 AND BEING LOCATED AT 2171,
2175 AND 2185 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS.
CURRENT ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT AND B1 -
BUSINESS SERVICE PARK DISTRICT. REQUESTED ZONING: S -P -1 —
DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC
HEARING
APPROVED
Director of Planning and Development Ken Baker summarized item for Council and was
available to answer questions from Council. Mr. Baker presented this item in
conjunction with Item 6B.
Council and applicant representative Evan Beattie discussed elevation facades and
trellis options.
Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the
item to come forward. There being no one wishing to speak, Mayor Terrell closed the
public hearing.
A motion was made to approve Ordinance No 480 -497A, 2nd reading, site plan for
Kimball Crossing, approving the three variances for the driveway stacking, driveway
spacing and driveway spacing between right -in and right -out drives; regarding the
architectural embellishments on the front facade of the building, the applicant will have
at least a 3' top cornice between bays 3 and 4, 5 and 7, and 9 and 10; the City will
waive the masonry requirement for architectural embellishment for the top 3'; the trellis
will not have visible eyebeams, support structures will be of a solid square material with
a wood fascia; 12' height limitation on the trellis structures and no more than 60% of the
REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011
Page 10 of 10
front facade coverage with trellises; applicant will have a minimum of 10' masonry
construction on the support columns; and pursuant to site plan review summary No. 3,
dated July 15, 2011 and staff report dated August 31, 2011.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
6B. ZA11 -026, PLAT REVISION FOR LOT 1, BLOCK 1, KIMBALL CROSSING
BEING A REVISION OF PROPERTY DESCRIBED AS LOTS 1 AND 2, BLOCK
1, ETHAN ALLEN 1709 ADDITION, SOUTHLAKE, TARRANT COUNTY,
TEXAS AND A PORTION OF TRACT 1B2, JOHN A. FREEMAN SURVEY,
ABSTRACT NO. 529 AND BEING LOCATED AT 2175 AND 2185 EAST
SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P-
1 - DETAILED SITE PLAN DISTRICT AND B1 - BUSINESS SERVICE PARK
DISTRICT. PROPOSED ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT.
SPIN NEIGHBORHOOD #8.
APPROVED
This item was presented in conjunction with Item 6A.
A motion was made to approve ZA 11 -026, plat revision for Lot 1, Block 1, Kimball
Crossing, pursuant to plat review summary No. 3, dated August 31, 2011.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
6C. RESOLUTION 11 -039 (ZA11 -036), SPECIFIC USE PERMIT FOR A MASS
GATHERING FOR GATEWAY CHURCH FALL FESTIVAL ON PROPERTY
DESCRIBED AS LOT 1, BLOCK 1, GATEWAY CHURCH -114 CAMPUS,
SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 700
BLESSED WAY, SOUTHLAKE, TEXAS. CURRENT ZONING: NR -PUD - NON-
RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN NEIGHBORHOOD #4.
PUBLIC HEARING
APPROVED
Planner II Lorrie Fletcher summarized item for Council and was available to answer
questions.
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Page 11 of 11
Council and staff discussed the applicant's request for an indefinite approval for their
annual event.
Gateway representative Doug Sluiter presented item to Council and was available to
answer questions.
Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the
item to come forward. There being no one wishing to speak, Mayor Terrell closed the
public hearing.
A motion was made to approve Resolution No. 11 -039, specific use permit for a mass
gathering for Gateway's Church fall festival for a period of three years; the light tower
utilized for event lighting will be inwardly focused toward the event; and pursuant to staff
report dated, August 12, 2011.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
Mayor Terrell moved to Item No. 9.
9A. CONSIDER APPROVAL OF THE GREATER SOUTHLAKE WOMEN'S
SOCIETY'S PLANS FOR FESTIVAL OF TREES EVENTS.
APPROVED
Director of Community Services Chris Tribble presented item to Council and was
available to answer questions.
Greater Southlake Women's Society representative Kim Kuehler was present to answer
questions from Council.
Council discussed the applicant's request to make the trees available to the public
during the evening of the annual Holiday Tree Lighting event on November 19. Council
expressed concern with setting a precedent to open Town Hall during the weekend.
A motion was made to approve the Greater Southlake Women's Society Festival of
Trees Event to display four professionally decorated trees in the lobby of Town hall from
November 17 — December 16, 2011; display of two Park Place motorcar vehicles on
pedestrian sidewalk corners at the southeast corner of State and Main and the
southwest corner of Fountain and Grand from November 7 — December 16, 2011;
display vehicles will be removed during the time period of 4:00 p.m. on Friday,
November 18 to 9:00 a.m. on Sunday, November 20, 2011 to avoid space conflicts; and
the approval display of the four trees is specifically in connection with the greater plans
for the Festival of Trees event.
REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011
Page 12 of 12
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
Mayor Terrell moved to Item 6D.
6D. ORDINANCE NO. 1009, 2ND READING, CARROLL /1709 SMALL AREA
PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN.
PUBLIC HEARING
TABLED
A motion was made to table Ordinance No. 1009 to the September 20, 2011 City
Council meeting.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
6E. ORDINANCE NO. 1010, 2ND READING, CROOKED /KIMBALL SMALL AREA
PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN.
PUBLIC HEARING
TABLED
A motion was made to table Ordinance No. 1010 to the September 20, 2011 City
Council meeting.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
6F. ORDINANCE NO. 1011, 2ND READING, 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 FOURTH ANNUAL RATE REVIEW MECHANISM ( "RRM ")
FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING
EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT
REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED
SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED
REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011
Page 13 of 13
TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO
REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING
CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS
ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS
OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE;
DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS
ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S
LEGAL COUNSEL. PUBLIC HEARING
APPROVED
City Council did not require a presentation.
Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the
item to come forward. There being no one wishing to speak, Mayor Terrell closed the
public hearing.
A motion was made to approve Ordinance No. 1011, 2 reading, a negotiated
resolution between the Atmos Cities Steering Committee ( "ACSC" or "Steering
Committee ") and Atmos Energy Corporation.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
6G. ORDINANCE NO. 1013, 2ND READING, AN ORDINANCE AMENDING
CHAPTER 2, ARTICLE X, SECTION 2 -421 OF THE CITY OF SOUTHLAKE
CODE TO PROVIDE THE DIRECTOR OF PLANNING AND DEVELOPMENT
SERVICES OR HIS OR HER DESIGNEES WITH THE POWER TO ISSUE
CITATIONS FOR VIOLATION OF THE CITY CODE. PUBLIC HEARING
APPROVED
Director of Planning and Development presented item and was available to answer
questions from Council.
Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the
item to come forward. There being no one wishing to speak, Mayor Terrell closed the
public hearing.
A motion was made to approve Ordinance No. 1013, 2nd reading, amending Chapter 2,
Article X, Section 2 -421 of the City of Southlake Code.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
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Nays: None
Approved: 7 -0
6H. ADOPT THE FISCAL YEAR 2012 CRIME CONTROL AND PREVENTION
DISTRICT OPERATING BUDGET AND MULTI -YEAR CAPITAL
IMPROVEMENTS PLAN. PUBLIC HEARING
APPROVED
City Council did not require a presentation.
A motion was made to adopt the fiscal year 2012 Crime Control and Prevention District
operating budget and multi -year capital improvements plan.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS:
7A. ORDINANCE NO. 1014, 1ST READING, APPROVE AND ADOPT THE
ANNUAL BUDGET FOR THE FISCAL YEAR 2012 AND APPROVE THE
r . REVISED BUDGET FIGURES FOR THE FISCAL YEAR 2011 AND MULTI-
YEAR CAPITAL IMPROVEMENTS PLAN. (THE PUBLIC HEARING FOR THIS
ITEM WILL BE HEARD ON SEPTEMBER 20, 2011.)
APPROVED
City Manager Shana Yelverton presented item and was available to answer questions
from Council.
A motion was made to approve Ordinance No. 1014, 1 reading, adopting the annual
budget for fiscal year 2012 and approve the revised budget figures for fiscal year 2011
and multi -year capital improvements plan.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
7B. ORDINANCE NO. 1015, 1ST READING, TAX LEVY ORDINANCE. (THE
PUBLIC HEARING FOR THIS ITEM WILL BE HEARD ON SEPTEMBER 20,
2011.)
APPROVED
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Page 15 of 15
SOCIETY'S PLANS FOR FESTIVAL OF TREES EVENTS.
APPROVED
Council discussed this item earlier in the meeting.
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA.)
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 1:05 a.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
John Terrell
Mayor
ATTEST:
,.,`'OU T 1 1.1 %
-
L /) /� • •
Alicia Richardson ?03
City Secretary • .. •'
REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011
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