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REGULAR CITY COUNCIL MEETING

JUNE 5, 2012

The Regular City Council Meeting of the City of Keller was held

on Tuesday, June 5, 2012, at Keller Town Hall, 1100 Bear Creek

Parkway, Keller, Texas.

The following City Council Members were present:

Mayor Pat McGrail

Council Member Gary Reaves

Mayor Pro Tem Tom Cawthra

Council Member Bill Dodge

Council Member John Hoffmann

Council Member Doug Miller

Council Member Ray Brown was absent.

Administrative personnel present were City Manager Steve

Polasek, Deputy City Manager Chris Fuller, City Secretary Sheila

Stephens, City Attorney Stan Lowry, Director of Community

Development Tom Elgin, Director of Finance Johnny Phifer,

Director of Information Services Keith Macedo, Director of Human

Resources Carolyn Nivens, Director of Parks and Recreation Dona

Roth Kinney, Director of Public Works Greg Dickens, Fire Chief

Dan Gaumont, Library Director Jana Prock, Municipal Court Clerk

Jeanie Roumell and Director of Public Safety/Police Chief Mark

Hafner.

PRE-COUNCIL MEETING

A. CALL TO ORDER

The Pre-Council Meeting was called to order by Mayor Pat

McGrail at 5:03 p.m.

B. EXECUTIVE SESSION

Mayor Pat McGrail adjourned the meeting to Executive

Session during the Pre-Council Meeting for purposes allowed

in Chapter 551 of the Texas Government Code. The following

subjects were discussed in Executive Session:

1. Section 551.071(2), Texas Government Code - To seek

advice from the City Attorney on a matter in which the

duty of the attorney to the governmental body under

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the Texas Disciplinary Rules of Professional Conduct

of the State Bar of Texas clearly conflicts with this

chapter: Legal briefing from City Attorney regarding

traffic regulation and signage.

2.

Section 551.072, Texas Government Code - Deliberate

the purchase, exchange, lease or value of real

property.

a. Approximately 0.1721 acres of land out of the

Keller City Addition, Block 2, Lot 4A, City of

Keller, Tarrant County, Texas.

b. Approximately 0.3440 acres of land out of the

William McCowens Survey, Tract No. 8B01, Abstract

No. 999, Tarrant County, Texas.

3.

Section 551.087, Texas Government Code - Deliberation

Regarding Economic Development Negotiations.

1) To discuss or deliberate regarding commercial or

financial information that the governmental body

has received from a business prospect that the

governmental body seeks to have locate, stay, or

expand in or near the territory of the

governmental body and with which the governmental

body is conducting economic development

negotiations; or

(2) To deliberate the offer of a financial or other

incentive to a business prospect described by

Subdivision (1).

4.

Adjourn into Open Meeting.

Mayor Pat McGrail called the Pre-Council Meeting back

to order.

5.

Action on Executive Session Items 1, 2a, 2b or 3 if

necessary.

Item No. 1 – No action was taken.

Item No. 2a – Action was taken during the Regular

Meeting.

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Item No. 2b – No action was taken.

Item No. 3 – No action was taken.

C. WORK SESSION

1. Discuss and review agenda items.

The City Council discussed and reviewed the agenda

items.

2. Set date for a Budget Workshop. (June 29, 2012)

The City Council scheduled the Budget Workshop for

Friday, June 29, 2012 at 8:30 a.m.

3. Discuss and consider canceling the July 3, 2012

Regular City Council Meeting and rescheduling the

meeting to be held on July 10, 2012.

The City Council canceled the July 3, 2012 Regular

City Council Meeting.

D. ADJOURN

The Pre-Council Meeting was adjourned by Mayor Pat McGrail

at 7:02 p.m.

REGULAR MEETING

A. CALL TO ORDER

The Regular Meeting was called to order by Mayor Pat

McGrail at 7:06 p.m. B. INVOCATION

Care Pastor Bret Shisler, Bear Creek Bible Church, gave the

invocation.

C. PLEDGE OF ALLEGIANCE

Mayor Pat McGrail led the pledge of allegiance.

D. PRESENTATIONS – None

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E. PERSONS TO BE HEARD

This is a time for the public to address the City Council

on any subject. However, the Texas Open Meetings Act

prohibits the City Council from discussing issues which the

public has not been given seventy-two (72) hours’ notice.

Issues raised may be referred to City Staff for research

and possible future action. No public comments were made.

F. CONSENT

The next order of business was for the City Council to

consider the consent agenda items, which were deemed to

need little or no discussion, and were acted upon as one

business item.

1. Consider approval of the minutes of the Regular City

Council Meeting on Tuesday, May 15, 2012.

Council Member Gary Reaves made a motion to approve

the minutes of the Regular City Council Meeting on

Tuesday, May 15, 2012 as proposed. Council Member John

Hoffmann seconded the motion. The motion carried

unanimously.

2. Consider approval of the minutes of the Special City

Council Meeting on Wednesday, May 23, 2012.

Council Member Gary Reaves made a motion to approve

the minutes of the Special City Council Meeting on

Wednesday, May 23, 2012 as proposed. Council Member

John Hoffmann seconded the motion. The motion carried

unanimously.

3. Consider a resolution approving the bid for the Elm

Street Bridge Rehabilitation Project, for the Public

Works Department.

F-3 Memo

F-3 Resolution

F-3 Location Map

F-3 Bid Summary

F-3 Eng Recom Letter

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Council Member Gary Reaves made a motion to approve

Resolution No. 3218 approving the bid for the Elm

Street Bridge Rehabilitation Project, for the Public

Works Department, from Vendigm Construction, LLC, of

Fort Worth, Texas, in the amount of $51,691.00 as

proposed. Council Member John Hoffmann seconded the

motion. The motion carried unanimously.

4. Consider a resolution approving the bid for the 2012

Sanitary Sewer Replacement Project, for the Public

Works Department.

F-4 Memo

F-4 Resolution

F-4 Location Map

F-4 Bid Summary

F-4 Eng Recom Letter

Council Member Gary Reaves made a motion to approve

Resolution No. 3219 approving the bid for the 2012

Sanitary Sewer Replacement Project, for the Public

Works Department, from PM Construction and Rehab, LLC,

of Pasadena, Texas, in the total contract amount of

$356,845.00 as proposed. Council Member John Hoffmann

seconded the motion. The motion carried unanimously.

5. Consider a resolution approving the bid for the

Belinda Drive Drainage Improvements Project, for the

Public Works Department.

F-5 Memo

F-5 Resolution

F-5 Location Map

F-5 Bid Summary

F-5 Eng Recom Letter

Council Member Gary Reaves made a motion to approve

Resolution No. 3220 approving the bid for the Belinda

Drive Drainage Improvements Project, for the Public

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Works Department, from AD Concrete, Inc., of Sanger,

Texas, in the amount of $59,295.00 as proposed.

Council Member John Hoffmann seconded the motion. The

motion carried unanimously.

6. Consider a resolution amending Resolution No. 3205,

dated May 1, 2012, relating to the Interlocal

Agreement with Tarrant County, for the rehabilitation

of Bandit Trail from Davis Boulevard to the east city

limits and Bancroft Road from Bourland Road to 1,420

feet east.

F-6 Memo

F-6 Resolution

F-6 Location Maps

Council Member Gary Reaves made a motion to approve

Resolution No. 3221 amending Resolution No. 3205,

dated May 1, 2012, relating to the Interlocal

Agreement with Tarrant County, for the rehabilitation

of Bandit Trail from Davis Boulevard to the east city

limits and Bancroft Road from Bourland Road to 1,420

feet east as proposed. Council Member John Hoffmann

seconded the motion. The motion carried unanimously.

7. Consider a resolution approving a Chapter 380 Economic

Development Program Agreement, pursuant to Chapter 380

of the Texas Local Government Code, and pursuant to

the City's Economic Development Policy, with Predator

Management Company, located at 136 South Main Street,

Keller, Texas, for an Old Town Keller Façade

Improvement Matching Grant.

F-7 Memo

F-7 Resolution

F-7 Exhibit A

Council Member Gary Reaves made a motion to approve

Resolution No. 3222 approving a Chapter 380 Economic

Development Program Agreement, pursuant to Chapter 380

of the Texas Local Government Code, and pursuant to

the City's Economic Development Policy, with Predator

Management Company, located at 136 South Main Street,

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Keller, Texas, for an Old Town Keller Façade

Improvement Matching Grant as proposed. Council Member

John Hoffmann seconded the motion. The motion carried

unanimously.

8. Consider a resolution authorizing the City Manager to

execute an Interlocal Agreement between the Cities of

Keller, Colleyville, Southlake, and Grapevine, Texas,

for the cooperative purchasing of necessary equipment,

supplies, and services.

F-8 Memo

F-8 Resolution

F-8 Exhibit A

Council Member Gary Reaves made a motion to approve

Resolution No. 3223 authorizing the City Manager to

execute an Interlocal Agreement between the Cities of

Keller, Colleyville, Southlake, and Grapevine, Texas,

for the cooperative purchasing of necessary equipment,

supplies, and services as proposed. Council Member

John Hoffmann seconded the motion. The motion carried

unanimously.

G. OLD BUSINESS - None

H. NEW BUSINESS

1. Consider adoption of an ordinance authorizing the

issuance and sale of City of Keller, Texas,

Combination Tax and Limited Surplus Revenue

Certificates of Obligation, Series 2012A, for funds

for a new holding facility at the Police Department

facility and renovating part of the Police Department

facility to provide an animal shelter/adoption center

and for paying costs of issuance; levying an annual ad

valorem tax and providing for the security for and

payment of said certificates; approving the official

statement; providing an effective date; and enacting

other provisions relating to the subject.

H-1 Memo

H-1 Attachment 1

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H-1 Attachment 2

H-1 Ordinance

Mr. Johnny Phifer, Director of Finance, gave a

presentation relating to New Business Item H-1

authorizing the issuance and sale of City of Keller,

Texas, Combination Tax and Limited Surplus Revenue

Certificates of Obligation, Series 2012A, for funds

for a new holding facility at the Police Department

facility and renovating part of the Police Department

facility to provide an animal shelter/adoption center

and New Business Item H-2 authorizing the issuance and

sale of City of Keller, Texas General Obligation

Refunding Bonds, Series 2012, to refund outstanding

obligations issued for various public improvements.

Mr. Nick Bulaich, Senior Vice President, First

Southwest Company, gave a presentation relating to the

authorization and sale of the $6,000,000 Combination

Tax and Revenue Certificates of Obligation, Series

2012A with a true interest cost of 2.6380653%, and

$11,465,000 General Obligation Refunding Bonds, Series

2012 with a true interest cost of 2.2868953%. Mr.

Leroy Grawunder, Bond Attorney, McCall, Parkhurst &

Horton, L.L.P., was present to answer questions

regarding the proposed ordinances.

Council Member Gary Reaves made a motion to approve

Ordinance No. 1601 authorizing the issuance and sale

of City of Keller, Texas, Combination Tax and Limited

Surplus Revenue Certificates of Obligation, Series

2012A, for funds for a new holding facility at the

Police Department facility and renovating part of the

Police Department facility to provide an animal

shelter/adoption center and for paying costs of

issuance; levying an annual ad valorem tax and

providing for the security for and payment of said

certificates; approving the official statement;

providing an effective date; and enacting other

provisions relating to the subject. Council Member

Doug Miller seconded the motion. The motion carried

unanimously.

2. Consider adoption of an ordinance authorizing the

issuance and sale of City of Keller, Texas General

Obligation Refunding Bonds, Series 2012, to refund

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outstanding obligations issued for various public

improvements and to pay costs of issuance; levying an

annual ad valorem tax and providing for the security

for and payment of said bonds; approving the official

statement; providing an effective date; and enacting

other provisions relating to the subject.

H-2 Memo

H-2 Attachment 1

H-2 Attachment 2

H-2 Ordinance

Council Member Doug Miller made a motion to approve

Ordinance No. 1602 authorizing the issuance and sale

of City of Keller, Texas General Obligation Refunding

Bonds, Series 2012, to refund outstanding obligations

issued for various public improvements and to pay

costs of issuance; levying an annual ad valorem tax

and providing for the security for and payment of said

bonds; approving the official statement; providing an

effective date; and enacting other provisions relating

to the subject. Council Member Bill Dodge seconded the

motion. The motion carried unanimously.

3. Consider a resolution authorizing the City Manager to

execute a System Purchase Agreement with Motorola

Solutions Corporation, of Farmers Branch, Texas, for a

city-wide replacement of the Radio Communications

System.

H-3 Memo

H-3 Resolution

H-3 Exhibit A

Mr. Mark Hafner, Director of Public Safety/Police

Chief, gave a presentation regarding the System

Purchase Agreement with Motorola Solutions

Corporation, of Farmers Branch, Texas, for a city-wide

replacement of the Radio Communications System.

Council Member Gary Reaves made a motion to approve Resolution No. 3224 authorizing the City Manager to

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execute a System Purchase Agreement with Motorola

Solutions Corporation, of Farmers Branch, Texas, for a

city-wide replacement of the Radio Communications

System. Council Member John Hoffmann seconded the

motion. The motion carried unanimously.

4. PUBLIC HEARING: Consider an ordinance approving a

Specific Use Permit (SUP) for GW Boutique to operate a

retail store with used goods and merchandise sales,

located on the west side of South Main Street (U.S.

Highway 377), approximately 810 feet south of Bear

Creek Parkway, at 750 South Main Street, being Lot 5,

Block A, Bear Creek Plaza Addition, and zoned C

(Commercial). Goodwill Industries of Fort Worth,

applicant/developer. (SUP-12-0007)

H-4 Memo

H-4 Ordinance

H-4 Exhibit A

H-4 Staff Attachment

H-4 Maps

Mr. Tom Elgin, Director of Community Development, gave

a presentation relating to the request for a Specific

Use Permit (SUP) for GW Boutique to operate a retail

store with used goods and merchandise sales, located

on the west side of South Main Street (U.S. Highway

377), approximately 810 feet south of Bear Creek

Parkway, at 750 South Main Street.

Mr. David Cox, representing Goodwill Industries of

Fort Worth, addressed the City Council regarding the

request for a Specific Use Permit.

Mayor Pat McGrail opened the public hearing. No public

comments were made. Council Member Doug Miller made a

motion to close the public hearing. Council Member

John Hoffmann seconded the motion. The motion carried

unanimously. Discussion was held by the City of

Keller.

Council Member Doug Miller made a motion to approve

Ordinance No. 1603 approving a Specific Use Permit

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(SUP) for GW Boutique to operate a retail store with

used goods and merchandise sales, located on the west

side of South Main Street (U.S. Highway 377),

approximately 810 feet south of Bear Creek Parkway, at

750 South Main Street, being Lot 5, Block A, Bear

Creek Plaza Addition, and zoned C (Commercial) with

the following condition:

1. The Specific Use Permit shall be granted to the

applicant for the applicant’s current land use.

The Specific Use Permit shall remain in effect

and shall not expire for the duration of the

applicant’s current Certificate of Occupancy. The

Specific Use Permit shall cease and shall expire

upon any change to the current Certificate of

Occupancy, including changes to the business

name, ownership, operation and/or occupancy type.

Goodwill Industries of Fort Worth,

applicant/developer. Council Member Bill Dodge

seconded the motion. The motion carried unanimously.

5. PUBLIC HEARING: Consider an ordinance approving a

planned development amendment for a portion of

Highland Oaks Crossing, a non-residential development,

located on a 3.74-acre tract of land out of the John

Edmonds Survey, Abstract No. 457, Tract 3H1, on the

east side of Rufe Snow Drive, approximately 300 feet

north of North Tarrant Parkway, and zoned PD-R

(Planned Development-Retail). Mansfield Debbie Lane,

et al./William Stonaker, owner/applicant/developer.

Welch Engineering, Inc., engineer. (Z-12-0008)

H-5 Memo

H-5 Ordinance

H-5 Exhibit A

H-5 Staff Attachment

H-5 Maps

Mr. Tom Elgin, Director of Community Development, gave

a presentation relating to the planned development

amendment for a portion of Highland Oaks Crossing, a

non-residential development, located on a 3.74-acre

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tract of land out of the John Edmonds Survey, Abstract

No. 457, Tract 3H1, on the east side of Rufe Snow

Drive, approximately 300 feet north of North Tarrant

Parkway.

Mayor Pat McGrail opened the public hearing. No public

comments were made. Council Member Gary Reaves made a

motion to close the public hearing. Mayor Pro Tem Tom

Cawthra seconded the motion. The motion carried

unanimously. Discussion was held by the City Council.

Council Member John Hoffmann made a motion to approve

Ordinance No. 1604 approving a planned development

amendment for a portion of Highland Oaks Crossing, a

non-residential development, located on a 3.74-acre

tract of land out of the John Edmonds Survey, Abstract

No. 457, Tract 3H1, on the east side of Rufe Snow

Drive, approximately 300 feet north of North Tarrant

Parkway, and zoned PD-R (Planned Development-Retail).

Mansfield Debbie Lane, et al./William Stonaker,

owner/applicant/developer. Welch Engineering, Inc.,

engineer. Council Member Doug Miller seconded the

motion. The motion carried unanimously.

6. PUBLIC HEARING: Consider an ordinance approving a

Specific Use Permit (SUP) for Raising Cane’s to

operate a restaurant with a drive-thru, located on the

north side of Keller Parkway (FM 1709), approximately

660 feet west of Rufe Snow Drive, at 951 Keller

Parkway, being a portion of Lot 3, Block 8, Bluebonnet

Trails Addition, and zoned TC (Town Center). Raptor

Properties, LLC., owner. Raising Cane’s Restaurants,

LLC., applicant/developer. (SUP-12-0006)

H-6 Memo

H-6 Ordinance

H-6 Exhibit A

H-6 Staff Attachment

H-6 Maps

Mr. Tom Elgin, Director of Community Development, gave

a presentation relating to New Business Item No. 6 a

request for a Specific Use Permit (SUP) for Raising

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Cane’s to operate a restaurant with a drive-thru,

located on the north side of Keller Parkway (FM 1709),

approximately 660 feet west of Rufe Snow Drive, at 951

Keller Parkway and New Business Item No. 7 a site plan

amendment for a portion of The Square at Keller Town

Center for Raising Cane’s, a proposed 2,724

square-foot restaurant, located on the north side of

Keller Parkway (FM 1709), approximately 660 feet west

of Rufe Snow Drive, being a portion of Lot 3, Block 8,

Bluebonnet Trails Addition.

Mr. John Spiars, Spiars Engineering, engineer and Mr.

Chris Ferrari, CSRS, Inc., representing Raising Cane’s

Restaurants, LLC., applicant/developer, were present

to address the City Council regarding the proposal.

Mayor Pat McGrail opened the public hearing. No public

comments were made. Council Member Doug Miller made a

motion to close the public hearing. Council Member

Gary Reaves seconded the motion. The motion carried

unanimously. Discussion was held by the City Council.

Mayor Pro Tem Tom Cawthra made a motion to approve

Ordinance No. 1605 approving a Specific Use Permit

(SUP) for Raising Cane’s to operate a restaurant with

a drive-thru, located on the north side of Keller

Parkway (FM 1709), approximately 660 feet west of Rufe

Snow Drive, at 951 Keller Parkway, being a portion of

Lot 3, Block 8, Bluebonnet Trails Addition, and zoned

TC (Town Center) with the following conditions:

1. The variance request to allow a drive-thru

facility with a restaurant shall be allowed.

2. The variance request to allow up to twenty-four

percent (24%) stucco exterior finish shall be

allowed.

3. The variance request to allow the stucco exterior

finish material to be below the ten-foot (10’)

above grade level shall be allowed.

4. One attached sign shall be allowed on the front

of the building and one attached sign shall be

allowed on the east side of the building.

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5. The variance request to allow the attached

building signs to exceed the maximum height of

thirty-six inches (36”) up to forty-five and

one-half inches (45-1/2”) shall be allowed.

6. The variance request to allow an additional wall

mural on the west side of the building shall be

allowed provided the mural references the City of

Keller.

7. In addition to the attached signs in Condition

No. 4, a wall banner sign shall be allowed on the

east side of the building provided that the sign

is a hard (permanent) sign and not a flexible

fabric sign.

Raptor Properties, LLC., owner. Raising Cane’s

Restaurants, LLC., applicant/developer. Council Member

Doug Miller seconded the motion. The motion carried

unanimously.

7. Consider a resolution approving a site plan amendment

for a portion of The Square at Keller Town Center for

Raising Cane’s, a proposed 2,724 square-foot

restaurant, located on the north side of Keller

Parkway (FM 1709), approximately 660 feet west of Rufe

Snow Drive, being a portion of Lot 3, Block 8,

Bluebonnet Trails Addition, and zoned TC (Town

Center). Raptor Properties, LLC., owner. Raising

Cane’s Restaurants, LLC., applicant/developer. Spiars

Engineering, engineer. (SP-12-0003)

H-7 Memo

H-7 Resolution

H-7 Exhibit A

H-7 Staff Attachment

H-7 Maps

Mayor Pro Tem Tom Cawthra made a motion to approve

Resolution No. 3225 approving a site plan amendment

for a portion of The Square at Keller Town Center for

Raising Cane’s, a proposed 2,724 square-foot

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restaurant, located on the north side of Keller

Parkway (FM 1709), approximately 660 feet west of Rufe

Snow Drive, being a portion of Lot 3, Block 8,

Bluebonnet Trails Addition, and zoned TC (Town Center)

with the following conditions:

1. The variance request to allow a drive-thru

facility with a restaurant shall be allowed.

2. The variance request to allow up to twenty-four

percent (24%) stucco exterior finish shall be

allowed.

3. The variance request to allow the stucco exterior

finish material to be below the ten-foot (10’)

above grade level shall be allowed.

4. One attached sign shall be allowed on the front

of the building and one attached sign shall be

allowed on the east side of the building.

5. The variance request to allow the attached

building signs to exceed the maximum height of

thirty-six inches (36”) up to forty-five and

one-half inches (45-1/2”) shall be allowed.

6. The variance request to allow an additional wall

mural on the west side of the building shall be

allowed provided the mural references the City of

Keller.

7. In addition to the attached signs in Condition

No. 4, a wall banner sign shall be allowed on the

east side of the building provided that the sign

is a hard (permanent) sign and not a flexible

fabric sign.

Raptor Properties, LLC., owner. Raising Cane’s

Restaurants, LLC., applicant/developer. Spiars

Engineering, engineer. Council Member Gary Reaves

seconded the motion. The motion carried unanimously.

8. PUBLIC HEARING: Consider an ordinance approving a

planned development zoning change from SF-LD (Single

Family Residential-Low Density-36,000 square-foot

minimum) to PD-SF-LD (Planned Development-Single

Family-Low Density-36,000 square-foot minimum) for

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Rocky Top Therapy Center, located on 21.04-acres of

land out of the Daniel Barcroft Survey, Abstract No.

14, Tract 3D and a portion of Tract 3D1, located on

the west side of Keller-Smithfield Road, approximately

365 feet north of Johnson Road, at 660 Keller-

Smithfield Road. Newton’s Rocky Top Ranch,

owner/applicant/developer. Baird, Hampton & Brown,

Inc., engineer. (Z-12-0006)

H-8 Memo

H-8 Ordinance

H-8 Exhibit A

H-8 Maps

Mr. Tom Elgin, Director of Community Development, gave

a presentation of the planned development zoning

change from SF-LD to PD-SF-LD for Rocky Top Therapy

Center, located on 21.04-acres of land out of the

Daniel Barcroft Survey, Abstract No. 14, Tract 3D and

a portion of Tract 3D1, located on the west side of

Keller-Smithfield Road, approximately 365 feet north

of Johnson Road, at 660 Keller-Smithfield Road.

Mr. Konstine Bakintas, Baird, Hampton & Brown, Inc.,

engineer, and Mr. Doug Newton, Newton’s Rocky Top

Ranch, owner/applicant/developer, addressed the City

Council regarding the proposal.

Mayor Pat McGrail opened the public hearing. The

following individuals from Rocky Top Therapy Center

spoke in support of the planned development zoning

change from SF-LD to PD-SF-LD for Rocky Top Therapy

Center: Mr. Mike Hogg, Executive Director; Ms. Susan

Sessums, Physical Therapist; Ms. Lisa Harvey, Director

of Therapy Services, Therapeutic Riding Instructor;

and Ms. Linda Engle, Director of Volunteer Services.

Mr. Russ Garrison, 2726 Edgebrook Court with Sedalco

Construction Services, spoke in support of the

project.

Council Member Doug Miller made a motion to close the

public hearing. Council Member Bill Dodge seconded the

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motion. The motion carried unanimously. Discussion was

held by the City Council.

Council Member Gary Reaves made a motion to approve

Ordinance No. 1606 approving a planned development

zoning change from SF-LD (Single Family Residential-

Low Density-36,000 square-foot minimum) to PD-SF-LD

(Planned Development-Single Family-Low Density-36,000

square-foot minimum) for Rocky Top Therapy Center,

located on 21.04-acres of land out of the Daniel

Barcroft Survey, Abstract No. 14, Tract 3D and a

portion of Tract 3D1, located on the west side of

Keller-Smithfield Road, approximately 365 feet north

of Johnson Road, at 660 Keller-Smithfield Road with

the following conditions:

1. The variance request to allow an existing

building to encroach within the building setback

line along the south property line shall be

allowed.

2. The variance request to allow all accessory

buildings to exceed the maximum allowed height in

addition to the proposed covered arena with a

total height of thirty-two feet (32’) shall be

allowed.

3. The variance request to waive the maximum allowed

number of accessory buildings for this

development shall be allowed.

4. The variance request to allow all structures

within this development to have metal exterior

finishes shall be allowed.

Newton's Rocky Top Ranch, owner/applicant/developer.

Baird, Hampton & Brown, Inc., engineer. Mayor Pro Tem

Tom Cawthra seconded the motion. The motion carried

unanimously.

I. DISCUSSION – None

J. EXECUTIVE SESSION

Executive Session was not held during the Regular Meeting.

1. Section 551.071(2), Texas Government Code - To seek

Page 18 of 19

advice from the City Attorney on a matter in which the

duty of the attorney to the governmental body under

the Texas Disciplinary Rules of Professional Conduct

of the State Bar of Texas clearly conflicts with this

chapter: Legal briefing from City Attorney regarding

traffic regulation and signage.

2.

Section 551.072, Texas Government Code - Deliberate

the purchase, exchange, lease or value of real

property.

a. Approximately 0.1721 acres of land out of the

Keller City Addition, Block 2, Lot 4A, City of

Keller, Tarrant County, Texas.

b. Approximately 0.3440 acres of land out of the

William McCowens Survey, Tract No. 8B01, Abstract

No. 999, Tarrant County, Texas.

3.

Section 551.087, Texas Government Code - Deliberation

Regarding Economic Development Negotiations.

(1) To discuss or deliberate regarding commercial or

financial information that the governmental body

has received from a business prospect that the

governmental body seeks to have locate, stay, or

expand in or near the territory of the

governmental body and with which the governmental

body is conducting economic development

negotiations; or

(2) To deliberate the offer of a financial or other

incentive to a business prospect described by

Subdivision (1).

4. Adjourn into Open Meeting.

5. Action on Executive Session Items 1, 2a, 2b or 3 if

necessary.

Item 1 – No action was taken.

Item 2a - Mayor Pat McGrail made a motion to purchase

0.1721 acres of property for a total purchase price of

$72,000.00 plus $2,160.00 in brokerage fees and all

closing costs, and authorize the execution of a lease

Page 19 of 19

agreement. Council Member Bill Dodge seconded the

motion. The motion carried unanimously.

Item 2b – No action was taken.

Item 3 – No action was taken.

K. ADJOURN

Council Member Doug Miller made a motion to adjourn the

meeting at 9:00 p.m. Council Member John Hoffmann seconded

the motion. The motion carried unanimously.

_________________________

MAYOR

___________________________

CITY SECRETARY