2013-03-19 CITY O F
SOUTH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: March 19, 2013
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 Alison Ortowski, Communication and Website
Manager Pilar Schank, Director of Economic Development and Tourism Greg Last,
Chief Financial Officer Sharen Jackson, Fire Chief Mike Starr, Director of Human
Resources Stacey Black, Director of Community Services Chris Tribble, Deputy Director
of Community Services Candice Edmondson, City Librarian Kerry McGeath, Senior
Director of Planning and Development Services Ken Baker, Director of Public Works
Bob Price, Police Chief Steve Mylett, Deputy Director of Public Works Gordon Mayer,
Deputy City Engineer Cheryl Taylor, 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 5:43 p.m.
2. INVOCATION
Mr. Clayton Reed gave the invocation. Mayor Terrell led the pledge of allegiance to the
United States and Texas Flags.
3. LOCAL BUSINESS REPORT
Director of Economic Development and Tourism Greg Last introduced Ms. Christie
Abercrombie with 280 Toys. Ms. Abercrombie provided a description of the services
provided, hours of operation, and location of business.
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4. CITY SPONSORSHIP PRESENTATION
Deputy Director of Community Services Candice Edmondson provided Council with an
overview of the City's new sponsorship web pages.
5. SCHOOL RESOURCE OFFICER PROGRAM
Police Chief Steve Mylett provided Council with an overview of the Task Force and their
recommendation to expand the City's current school resource officer program. The task
force includes law enforcement experts, community leaders from the City, Carroll
Independent School District, Students and Parents Against Risks to our Kids (SPARK),
and faith -based leaders. The Task Force was created in response to requests from the
public following the tragedy in Newtown, Connecticut. Currently the City has three (3)
school resource officers, with one officer placed at the high school, senior high school,
and one who serves both middle schools. If expanded, the program would place an
officer in each public school campus within the City. Chief Mylett advised this would be
accomplished utilizing a combination of full -time and less than full -time employees.
Chief Mylett commented that a Tess than full -time employee would be a peace officer
who works when school is in session. On March 5, 2013, the Crime Control and
Prevention District considered and approved the recommendation to fund the expansion
of the School Resource Program. If Council approves the expanded program, action
will be required at a later date to amend the fiscal year 2013 Crime Control and
Prevention District budget to fund the final two months of the current year.
The consensus of Council was to move forward with recommendation as presented by
Chief Mylett.
Mayor Terrell recognized Ms. Terri Messing and asked her to approach the podium.
Ms. Messing informed Council of the upcoming Dallas Symphony Orchestra
performance at White's Chapel United Methodist Church. The classical concert is part
of the APEX Arts League and will be held on April 4 at 7:30 p.m.
6. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL
BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE
REGULAR SESSION.
Mayor Terrell read the consent agenda items. Mayor Terrell recommended that items
4F and 4G be removed from the consent agenda to allow Council to take action on the
items after Executive Session.
REGULAR SESSION:
1. CALL TO ORDER
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The Regular Session of the City Council was called to order by Mayor Terrell at 6:51
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 attorney,
Section 551.072, deliberation regarding real property, Section 551.074, deliberation
regarding personnel, and Section 551.087, deliberation regarding economic
development negotiations. City Council adjourned for Executive Session at 6:51 p.m.
Executive Session began at 7:00 p.m. and concluded at 7:30 p.m.
2B. RECONVENE
Mayor Terrell reconvened the meeting at 7:33 p.m.
3. REPORTS
3A. MAYOR'S REPORT
Proclamation for Carroll Dragons Athletic Director Kevin Ozee
Mayor Terrell recognized Mr. Ozee for being named the 2013 Athletic Director of the
Year by the National Association of Sports and Physical Education. Mayor Terrell
presented Mr. Ozee with a proclamation memorializing his recognition.
Proclamation for Carroll Dragons Boys and Girls Swim /Dive Teams
Mayor Terrell recognized and presented proclamations to the Carroll Dragons boys and
girls swim /dive teams. Mayor Terrell congratulated the Dragons on their Class 5A
championship win, making it the Dragons third consecutive state title and the Lady
Dragons second consecutive state title.
Mayor Terrell advised that Council would move to Item 6B.
6B. RESOLUTION NO. 13 -012 (ZA13 -027), SPECIFIC USE PERMIT FOR A MASS
GATHERING EVENT KNOWN AS RELAY FOR LIFE / RACHEL'S
CHALLENGE ON PROPERTY BEING DESCRIBED AS LOT 1, BLOCK 1,
CARROLL ISD NO. 1 ADDITION AND LOT 1, BLOCK 1 & LOT 1, BLOCK 2,
CARROLL ISD NO. 2 AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND LOCATED AT 801 SHADY OAKS DRIVE
AND 800 & 900 NORTH WHITE CHAPEL BOULEVARD, SOUTHLAKE,
TEXAS. THE CURRENT ZONING IS "CS" COMMUNITY SERVICE AND "NR-
PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #7.
PUBLIC HEARING
APPROVED
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Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
In response to Council's questions, Mr. Baker advised that the approval of the specific
use permit is limited to the same location. If the event is to be held at a new location,
the applicant is required to submit a new specific use permit application.
Council member Schelling recommended that staff have the authorization to
administratively approve any changes that do not modify the intent of the application.
There was no opposition from Council.
Mayor Terrell advised staff that Council received a letter regarding parking in adjacent
residential neighborhoods. Mayor Terrell asked if signage would be placed indicating
no parking is allowed in adjacent neighborhoods. Mr. Baker advised Council the Public
Works Department is working with the Carroll Independent School District to ensure
barricades are installed as well as the no parking signs.
Applicant representatives Dr. Derek Citty, Tina Wasserman and Christie Milican
presented request.
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. 13 -012, specific use permit for a mass
gathering event known as Relay for Life / Rachel's Challenge; permit shall be for a
period of three years, subject to there not being any material scope changes in the
participation level of the event and pursuant to staff report dated March 13, 2013.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
Mayor Terrell advised that Council would move to Item 9A.
9A. SV13 -002, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR 280
SPORTS LLC, LOCATED AT 280 COMMERCE STREET.
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
Applicant representative Christie Abercrombie presented request and was available to
answer questions from Council.
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Staff, applicant and Council discussed request. Council provided comments regarding
landscaping.
A motion was made to approve SV13 -002, sign variance to Ordinance No. 704, as
amended for 280 Sports LLC; granting variances for the sign face height at 5' and
maximum sign height at 7' 6 ", subject to the applicant presenting a landscaping plan to
staff that will be of scale complementary to the size and scope of the sign, which as an
example, will include a stone boundary and seasonal color flower bed, and said
improvements shall be completed within 90 days of this approval.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
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 attorney,
Section 551.072, deliberation regarding real property, Section 551.074, deliberation
regarding personnel, and Section 551.087, deliberation regarding economic
development negotiations. City Council adjourned for Executive Session at 8:09 p.m.
Executive Session began at 8:15 p.m. and concluded at 9:59 p.m.
Mayor Terrell reconvened the meeting at 9:02 p.m. Mayor Terrell asked if any action
was necessary from Executive Session.
A motion was made to authorize staff to continue with settlement negotiations pursuant
to discussion held in executive session.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
3B. CITY MANAGER'S REPORT
None.
4. CONSENT AGENDA 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 MARCH 5, 2013 CITY COUNCIL MEETING.
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4B. ORDINANCE NO. 480 -MMMM, 1ST READING, AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE NO. 480 ADDING VARIANCE
PROVISIONS TO SECTION 45 SPECIFIC USE PERMITS. (IF APPROVED AT
FIRST READING, THE PUBLIC HEARING WILL BE HELD ON APRIL 2, 2013.)
4C. APPROVE THE 2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT.
4D. RESOLUTION NO. 13 -015, CERTIFY UNOPPOSED CANDIDATES FOR THE
MAY 11, 2013 GENERAL ELECTION.
4E. RESOLUTION NO. 13 -016, CANCEL THE MAY 11, 2013 GENERAL
ELECTION.
4F. COUNCIL REMOVED ITEM FROM CONSENT AGENDA.
4G. COUNCIL REMOVED ITEM FROM CONSENT AGENDA.
4H. ORDINANCE NO. 480 -635 (ZA13 -017), 1ST READING, ZONING CHANGE
AND CONCEPT PLAN FOR 2009 EAST HIGHLAND STREET ON PROPERTY
BEING DESCRIBED AS TRACT 2F, T. MAHAN SURVEY, ABSTRACT NO.
1049, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 2009
EAST HIGHLAND STREET, SOUTHLAKE, TEXAS. THE CURRENT ZONING
IS "AG" AGRICULTURAL ZONING DISTRICT. THE REQUESTED ZONING IS
"SF -1A" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. SPIN #4. (IF
APPROVED ON FIRST READING, THE PUBLIC HEARING WILL BE HELD
ON APRIL 2, 2013.)
41. ZA13 -001, SITE PLAN FOR MEMO CORPORATION ON PROPERTY BEING
DESCRIBED AS LOT 1, BLOCK A, ENTEK ADDITION AN ADDITION TO THE
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 722
SOUTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. THE CURRENT ZONING
IS "1 -1" LIGHT INDUSTRIAL ZONING DISTRICT. SPIN #8. (APPLICANT HAS
REQUESTED TO TABLE THIS ITEM. IF APPROVED AT THE MARCH 21,
2013 PLANNING AND ZONING COMMISSION MEETING, COUNCIL WILL
CONSIDER AND CONDUCT THE PUBLIC HEARING AT THEIR APRIL 2, 2013
MEETING.)
4J. ZA13 -009, SITE PLAN FOR DEL FRISCO'S GRILLE ON PROPERTY BEING
DESCRIBED AS LOT 3, BLOCK 1 R, SOUTHLAKE TOWN SQUARE
ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING
LOCATED AT 140 STATE STREET, SOUTHLAKE, TEXAS. CURRENT
ZONING: DT- DOWNTOWN DISTRICT. SPIN #8. (APPLICANT HAS
REQUESTED TO TABLE THIS ITEM TO THE APRIL 2, 2013 CITY COUNCIL
MEETING.)
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4K. ZA13 -014, PLAT REVISION FOR LOT 3R AND LOT 5, BLOCK 1R,
SOUTHLAKE TOWN SQUARE ADDITION, ON PROPERTY DESCRIBED AS
LOT 3, BLOCK 1R, SOUTHLAKE TOWN SQUARE ADDITION, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 140
STATE STREET, CURRENT ZONING: DT- DOWNTOWN DISTRICT. SPIN #8.
(APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL 2,
2013 CITY COUNCIL MEETING.)
APPROVED
Council, during work session, removed items 4F and 4G.
A motion was made to approve the consent agenda as presented.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
REGULAR AGENDA:
5. PUBLIC FORUM
No speakers.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ZA13 -008, SITE PLAN FOR THE SHADDOCK OFFICE BUILDING ON
PROPERTY BEING DESCRIBED AS LOT 3, BLOCK 1, GUMM SCIFRES
ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS AND LOCATED AT 131 SOUTH VILLAGE CENTER DRIVE,
SOUTHLAKE, TEXAS. CURRENT ZONING: 01 — OFFICE ZONING DISTRICT.
SPIN #8. PUBLIC HEARING
TABLED
Senior Director of Planning and Development Services Ken Baker presented item and
responded to questions from Council.
Applicant representatives Julianna Turner, 3530 Travis Street, Dallas and Paul Craigen,
2121 Bear Creek Parkway, Euless presented request.
Staff, applicant and Council discussed the request. Council provided comments to
applicant regarding parking, orientation of building, impervious cover, awnings,
landscaping, and western elevation.
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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 table ZA13 -008, site plan for Shaddock Office Building to the
April 2, 2013 Council meeting.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
6B. RESOLUTION NO. 13 -012 (ZA13 -027), SPECIFIC USE PERMIT FOR A MASS
GATHERING EVENT KNOWN AS RELAY FOR LIFE / RACHEL'S
CHALLENGE ON PROPERTY BEING DESCRIBED AS LOT 1, BLOCK 1,
CARROLL ISD NO. 1 ADDITION AND LOT 1, BLOCK 1 & LOT 1, BLOCK 2,
CARROLL ISD NO. 2 AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND LOCATED AT 801 SHADY OAKS DRIVE
AND 800 & 900 NORTH WHITE CHAPEL BOULEVARD, SOUTHLAKE,
TEXAS. THE CURRENT ZONING IS "CS" COMMUNITY SERVICE AND "NR-
PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN # 7.
PUBLIC HEARING
APPROVED
Council considered this item earlier in the meeting.
6C. ORDINANCE NO. 480 -JJJJ, 2 " READING, AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT
PERTAINS TO BUILDING COLOR. PUBLIC HEARING
APPROVED
Council did not require a presentation from staff.
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 -JJJJ amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to building color.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
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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 BUILDING COLOR; 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.
6D. ORDINANCE NO. 1060, 2nd READING, PARKS, RECREATION & OPEN
SPACE/COMMUNITY FACILITIES MASTER PLAN, A COMPONENT OF THE
SOUTHLAKE 2030 COMPREHENSIVE PLAN. PUBLIC HEARING
APPROVED
Director of Community Services Chris Tribble 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. 1060, Parks, Recreation & Open
Space /Community Facilities Master Plan, a component of the Southlake 2030
Comprehensive Plan and noting additional inclusion of the plan that staff will conduct
further research to gather additional facts and figures related to synthetic turf prior to
any installation within the parks system.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito
Nays: Wang
Approved: 6 -1
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE PARKS, RECREATION & OPEN
SPACE/COMMUNITY FACILTIES MASTER PLAN AS AN ELEMENT OF THE
SOUTHLAKE 2030 PLAN, THE CITY'S SOMPREHENSIVE PLAN UPDATE.
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO
ITEMS ON THIS AGENDA)
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8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA)
9. OTHER ITEMS FOR CONSIDERATION:
9A. SV13 -002, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR 280
SPORTS LLC, LOCATED AT 280 COMMERCE STREET.
APPROVED
Council considered this item earlier in the meeting.
9B. SV13 -003, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR
THOMASVILLE FURNITURE AND ANDERSON'S FURNITURE STORES
LOCATED AT 1600 EAST SOUTHLAKE BOULEVARD.
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
Applicant representative Zeke Bullock presented request and responded to questions
from Council.
A motion was made to approve SV13 -003, sign variance to Ordinance No. 704, as
amended, for Thomasville Furniture and Anderson's Furniture stores located at 1600
East Southlake Boulevard with the following stipulations: regarding the Thomasville
sign, maximum letter height will be 42 "; approval will be provided for Thomasville in the
event a sign area variance is required; and approval is also provided for Thomasville in
the event there is a sign placement variance regarding the centering of the plane
facade; regarding the Anderson sign, maximum letter height will be a maximum of 42" to
be a combination of 28" letters or all in with the "a" and the "s" on each end up to 42 ";
approval will be provided for Anderson in the event a sign area variance is required,
otherwise Council expects the sign placement to be in compliance; noting the applicant
will work with staff to locate address numerals as appropriate pursuant to this evening's
discussion — preferably in the center of each store's facade just above the doors; and
that the sign height will be as presented this evening.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: Schelling
Approved: 6 -1
10. OTHER ITEMS FOR DISCUSSION:
10B. SISTER CITY RELATIONSHIP WITH EL FUERTE, MEXICO
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On behalf of the Southlake Sister Cities Board of Directors, Council member Wang
presented item to Council. The purpose of this item is to obtain feedback on the future
relationship with El Fuerte, Mexico. Currently, the City's relationship with El Fuerte,
Mexico has become dormant. In the past, Sister Cities International discouraged
entities from dissolving sister city relationships. Most recently, Southlake Sister Cities
International published a guideline that addresses dormant relationships. In which the
elected officials will send a letter to their sister city specifying that the sister city
relationship has been dormant for year and best for both entities to discontinue the
relationship. The Sister Cities Board of Directors by a vote of 6 -1 recommends that the
City of Southlake take official action as set out by the Sister Cities International
guidelines.
The consensus of Council is to move forward with the recommendation of Southlake
Sister Cities Board of Directors. Council expressed their desire to locate another sister
city.
EXECUTIVE SESSION
Mayor Terrell announced that City Council would be going into Executive Session
pursuant to the Texas Government Code, Section 551.074, deliberation regarding
personnel. City Council adjourned for Executive Session at 10:27 p.m. Executive
Session began at 10:28 p.m. and concluded at 10:49 p.m.
Mayor Terrell reconvened the meeting at 10:50 p.m.
4F. RESOLUTION NO. 13 -019, APPOINT MEMBERS(S) TO THE PLANNING AND
ZONING COMMISSION TO FULFILL VACANCY.
APPROVED
A motion was made to approve Resolution No. 13 -019, appointing Dan Kubiak to a term
expiring 2014.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
4G. RESOLUTION NO. 13 -020, APPOINT MEMBERS TO THE ZONING BOARD
OF ADJUSTMENT TO FULFILL VACANCIES.
APPROVED
A motion was made to approve Resolution No. 13 -020, appointing John Huffman to
Place 4, term expiring June 30, 2014; Kourosh Panahy to Alternate 1, term expiring
June 30, 2013; Paul Lepicier to Alternate 2, term expiring June 30, 2014 and Scott
Dyche, to Alternate 3, term expiring June 30, 2013.
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Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 10:51 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
4 90
John Terrell
Mayor
ATTEST:
Of
Alicia Richardggn '••..•,,,
City Secretary " *+1'
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