2007-10-16
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 16,200
7
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris,
Deputy Mayor Pro Tem Virginia M. Muzyka, and Councilmembers Laura K. Hill, Gregory
Jones, Vernon Stansell and John Terrell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public
Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison
Ortowski, Manager of Information Services Gary Gregg, Director of Community Services Steve
Polasek, Deputy Director of Community Services Kerry McGeath, Director of Economic
Development Greg Last, Director of Finance Sharen Jackson, Chief of Fire Services Robert Finn,
Chief of Police Services Wade Goolsby, Fire Marshal David Barnes, Fire Inspector John Ard,
Director of Human Resources Kevin Hugman, Director of Planning and Development Services
Ken Baker, Chief Planner Dennis Killough, Director of Public Works Robert H. Price, Deputy
Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick,
City Attorney E. Allen Taylor, and City Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss
at 5:08 p.m. in Training Rooms 3C and 3D.
Agenda Item No. 2. Invocation. The invocation was given during the regular session.
Agenda Item No. 3A. Ordinance No. 480-RRR Amending the Comprehensive Zoning
Ordinance No. 480, as amended as it pertains to oil and gas drilling and production;
Agenda Item No. 3B. Amendment to the City's Master Comprehensive Plan as it pertains to oil
and gas drilling production oil and gas production pad sites and natural resource extraction
activities; and,
Agenda Item No. 3C. Ordinance No. 880-A Amending Section 9 5 Article IV of the Southlake
City Code regarding oil and gas well drilling and production Mayor Wambsganss made opening
comments and then discussed the handouts from consultant Larry O. Hulsey. The Council
discussed the questions outlined in the handouts. No action was taken.
Agenda Item No. 3. Discuss all consent agenda items on tonight's meeting agenda City Council
did not have any specific questions related to the consent agenda. The work session ended at
6:08 p.m.
REGULAR SESSION:
REG ULAR CITY CO UNCIL MEETING MINUTES, OCTOBER 16, 2007
Page I of 11
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:08 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be
going into Executive Session pursuant to the Texas Government Code Section 551.071,
consultation with the city attorney, and Section 551.087, deliberation regarding economic
development negotiations. City Council adjourned for Executive Session at 6:08 p.m. Executive
Session began at 6:34 p.m. and ended at 7:17 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:26
p.m. in the Council Chambers and asked if any action was necessary from Executive Session. No
action was necessary.
Agenda Item No. 2. Invocation. Director Baker gave the invocation. Mayor Wambsganss led the
pledge of allegiance.
Agenda Item No. 3A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and
events.
Agenda Item No. 3AL Presentation of certificates to students for Fire Safety posters. Fire
Marshal Barnes and Fire Inspector Ard introduced the program, Plan Your Escape, and presented
certificates to students for their great work on the fire safety posters.
Agenda Item No. 3131. Introduction of Assistant to the City Manager Alison Ortowski. City
Manger Yelverton introduced Assistant to the City Manager Ortowski to Council.
Agenda Item No. 3C. Library Board Report. A written report was provided to Council.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion.
Agenda Item No. 4A. Approve the minutes from the September 25, 2007, special City Council
meeting; the September 27, 2007, joint urban design meeting with the City Council and the
Planning and Zoning Commission; and the October 2, 2007, regular City Council meeting. A
presentation was not made on this item. All were approved as presented.
Agenda Item No. 4B. Resolution No. 07-058, Suspending the October 25, 2007, effective date of
Atmos Energy Corp., Mid-Tex Division requested rate change to permit the City time to study
the request and to establish reasonable rates; approving cooperation with Atmos Cities Steering
Committee and other cities in the Atmos Energy Corp., Mid-Tex Division service area to hire
legal and consulting services and to negotiate with the Company and direct any necessary
litigation and appeals; requiring reimbursement of Cities' rate case expenses; finding that the
meeting at which this resolution is passed is open to the public as required by law; requiring
notice of this resolution to the Company and legal counsel. A presentation was not made on this
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007
Page 2 of 11
item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, SUSPENDING THE OCTOBER
25, 2007, EFFECTIVE DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION
REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST
AND TO ESTABLISH RESONABLE RATES; APPROVING COOPERATION WITH
ATMOS CITIES STEERING COMMITTEE AND OTHER CITIES IN THE ATMOS
ENERGY CORP., MID-TEX DIVISION SERVICE AREA TO HIRE LEGAL AND
CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT
ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF
CITIES' RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;
REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL
COUNSEL.
Agenda Item No. 4C. Approve Metroport Teen Court Interlocal Agreement for FY 2008. A
presentation was not made on this item.
Agenda Item No. 4D. ZA07-113, Plat Revision for Lots 17R and 18R, Block 1, Tuscan Ridge
Phase I, being a replat of property currently described as Lots 17 and 18, Block 1, Tuscan Ridge
Phase L located at 1657 and 1653 Tuscan Ridge Circle. Current Zoning: MH Manufactured
Housing District. SPIN Neighborhood #12. A presentation was not made on this item.
Agenda Item No. 4E. ZA07-116, Plat Showing for Lots 1 and 2, R. D. Price No. 1207 Addition
on property legally described as Tract 11, R.D. Price Survey, Abstract No. 1207, located at 3820
Burney Lane. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN
Neighborhood #3. A presentation was not made on this item.
Agenda Item No. 4F. Authorize a Professional Services Agreement with Kimley-Horn and
Associates, Inc. for design of improvements to North Kimball Avenue from State Highway 114
to Dove Road. A presentation was not made on this item.
Agenda Item No. 4G. ZA07-110, Site Plan for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3,
Cornerstone Business Park Addition on property legally described as Lots 1 and 2R, Block 3,
Cornerstone Business Park Addition, located at 500 Silicon Drive and 510 Silicon Drive. Current
Zoning: 0-1 Office District. SPIN Neighborhood #7. This item was tabled and the public hearing
will be held at the November 6, 2007, regular City Council meeting.
Agenda Item No. 4H. Resolution No. 07-048, Approve the 2007 City of Southlake Sidewalk
Plan, an element of the City of Southlake Comprehensive Master Plan, the Southlake 2025 Plan.
This item was tabled until the November 6, 2007, regular City Council meeting.
Agenda Item No. 41. Ordinance No. 480-534, 2°d Reading _(ZA07-063 , Zoning Change and
Development Plan for Winfield Estates on property being legally described as Tracts 1, 1C and
ICI A.H. Chivers Survey, Abstract No. 299, located at 2210 North Carroll Avenue, 1155 East
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007
Page 3 of 11
Dove Road, and 1107 East Dove Road. Current Zoning: C-2 Local Retail Commercial District
and AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development
District. SPIN Neighborhood #5. This item was administratively tabled and the public hearing
will be held at the November 6, 2007, regular City Council meeting.
Motion was made to approve consent agenda items 4A; 413; 4C; 4D subject to Plat Review
Summary No. 2, dated September 28, 2007; 4E subject to Plat Review Summary No. 2, October
10, 2007; 4F; 4G to table to the November 6, 2007, regular City Council meeting; 4H to table to
the November 6, 2007, regular City Council meeting; and 41 to administratively table to the
November 6, 2007, regular City Council meeting;
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke.
Agenda Item No. 6A. Ordinance No. 918, 2°d Reading Adopt an ordinance to dedicate a water
line easement on City-owned property at Continental Boulevard for purpose of constructing
public improvements. Mayor Wambsganss introduced this item. No separate staff presentation
was made. In accordance with Section 4.21 of the City Charter, the caption for this item is listed
as follows:
AN ORDINANCE DEDICATING A PERMANENT WATER LINE EASEMENT UPON AND
ACROSS A PORTION OF CITY OWNED PROPERTY AT 981 EAST CONTINENTAL
BOULEVARD DESCRIBED AS LOT 25, BLOCK 1, EAST HAVEN ADDITION (VOLUME
388-153, PAGE 66, P.R.T.C.T.) IN THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS; DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE
PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT DEDICATION
DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 918, 2°d Reading, Adopt an ordinance to dedicate a
water line easement on City-owned property at Continental Boulevard for purpose of
constructing public improvements.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007
Page 4 of 11
Agenda Item No. 6B. Ordinance No 480-000 2nd Reading Miscellaneous Amendments to the
Comprehensive Zoning Ordinance 480, as amended relating to Accessory Structure Standards in
Residential Zoning Districts Director Baker presented this item to Council. 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;
AMENDING SECTIONS 4, 11, 34, AND 44 AS THEY PERTAIN TO STANDARDS FOR
ACCESSORY STRUCTURES IN RESIDENTIAL ZONING DISTRICTS; 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.
Mayor Wambsganss opened the public hearing.
Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas, addressed this item and asked for
Council's approval.
Mayor Wambsganss closed the public hearing. Council discussed this request.
Motion was made to approve Ordinance No. 480-QQQ, 2nd Reading, Miscellaneous
Amendments to the Comprehensive Zoning Ordinance 480, as amended, relating to Accessory
Structure Standards in Residential Zoning Districts, deleting section `v' under section `ff - No
permit shall be required for PODs used for temporary storage during moving; and to further
allow for administrative approval as to whether or not the desired color matches the main
structure on a request.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6C. Ordinance No 480-LLL 2nd Reading An Amendment to the
Comprehensive Zoning Ordinance No 480, as amended as it pertains to the creation of the "SF
2" Single Familv Residential Zoning District. Director Baker presented this item to Council. 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;
ADDING SECTION 50, WHICH ESTABLISHES THE SF-2 SINGLE-FAMILY
RESIDENTIAL DISTRICT; PROVIDING PERMITTED USES AND STANDARDS FOR
DEVELOPMENT; 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
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007
Page 5 of 11
FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-LLL, 2°d Reading, An Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the "SF-
2" Single Family Residential Zoning District.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Aj4enda Item No. 6D. Ordinance No 480-529 2°d Reading (ZA07 070) Zonin Change and
Concept Plan for Woodburn Addition on property being legally described as Tracts 1BIA1 and
_1_131A, T.J. Thompson Survey Abstract No 1502 and Lot 1 T J Thompson No 1502 Addition
located at 2100 West Continental Boulevard 2020 West Continental Boulevard and 2030 West
Continental Boulevard. Current Zonin : SF-30 Sin le Family Residential District AG
Agricultural District, and S-P-1 Detailed Site Plan District Requested Zoning: SF 20A Single
Family Residential District. SPIN Neighborhood #16 Chief Planner Killough presented this item
in conjunction with item 6E. Applicant David McMahan made a presentation and answered
Council's questions. 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;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS
TRACTS 1BIA1 & 1B1A, T.J. THOMPSON SURVEY, ABSTRACT NO. 1502, BEING
APPROXIMATELY 5.735 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "S-P-1" DETAILED SITE
PLAN DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT, AS
DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; 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 THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Wambsganss opened the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007
Page 6 of 11
Denise Overby, 2100 West Continental Boulevard, Southlake, Texas, spoke in support of this
item.
Mayor Wambsganss read comment cards from those that did not wish to speak but wanted to
record their support:
Lori and Tim Livingston, 2020 West Continental Boulevard, Southlake, Texas; and,
Larry Overby, 2100 West Continental Boulevard, Southlake, Texas.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480-529, 2nd Reading (ZA07-070), Zoning Change
and Concept Plan for Woodbury Addition subject to the presentation made this evening with
representations made by the applicant, specifically granting the requested variance on the street
width and subject to Concept Plan Review Summary No. 6, dated October 10, 2007.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6E. ZA07-071 Preliminary Plat for Woodbury Addition on property being
legally described as Lot 1, T.J. Thompson No. 1502 Addition and Tracts 1 B 1 A 1 and 1131A, T J
Thompson Survey, Abstract No. 1502, located at 2100 West Continental Boulevard 2020 West
Continental Boulevard and 2030 West Continental Boulevard Current Zoning: SF-30 Single
Family Residential District, AG Agricultural District S-P-1 Detailed Site Plan District Proposed
Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #16 Chief Planner
Killough presented this item in conjunction with item 6D. Applicant David McMahan made a
presentation and answered Council's questions.
Motion was made to approve ZA07-071, Preliminary Plat for Woodbury Addition subject to Plat
Review Summary No. 5, dated October 10, 2007.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6F. Resolution No. 07-059 (ZA07-093) Specific Use Permit for a
telecommunications antenna for Aircell on property legally described as Lot 1 Block A Oien
Subdivision, located at 3700 North White Chapel Boulevard Current Zoning: CS Community
Service District. SPIN Neighborhood #1. Chief Planner Killough presented this item. Applicants
Bill Bowman, 2300 Springer, Arlington, Texas, from Aircell and Chris Prescott from American
Tower answered Council's questions. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007
Page 7 of]]
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR TELECOMMUNICATIONS TOWERS,
ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK A, OIEN
ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS
DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 07-059, (ZA07-093), Specific Use Permit for a
telecommunications antenna for Aircell subject to the representations made by the applicant this
evening and his agreement to double the number of evergreen trees by adding four more trees on
each side of the driveway and subject to Concept Plan Review Summary No. 2, dated August 31,
2007, specifically granting the requested variance.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6G. ZA07-056, Site Plan for Medical Villas at Taylor's Creek on property
legally described as Tract 3C, H. Granberry Survey, Abstract No. 581, located at 130 South
White Chapel Boulevard. Current Zoning: 0-1 Office District. SPIN Neighborhood #14. Chief
Planner Killough presented this item to Council in conjunction with item 6H. Applicants Skip
Blake from Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas and Civil
Engineer Keith Hamilton, 601 Holland Road, Hurst, Texas made a presentation and answered
Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA07-056, Site Plan for Medical Villas at Taylor's Creek
recommending the applicant notify tenants of the prospect of a right-in/right-out driveway to
possibly be added when the median is placed on F.M. 1709; allowing the mimosa and hackberry
trees to be removed at the landscape designer's discretion; allowing the applicant to alter the
median shown on the site plan to be similar to the representation on the landscape plan; subject
to Revised Site Plan Review Summary No. 4, dated October 10, 2007, granting the requested
variances regarding driveway spacing, bufferyards, parking, building articulation and the tree
conservation plan; altering the location of the stub out to the western edge of the property as
presented by staff; adding a second tower as presented tonight; moving the western dumpster to
the western end of the row of parking as discussed tonight; and subject to the applicant's
presentation.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007
Page 8 of 11
Nays: None
Approved: 7-0
Agenda Item No. 6H. ZA07-057 Preliminary Plat for Medical Villas at Taylor's Creek on
property legally described as Tract 3C H Granberry Survey. Abstract No 581, located at 130
South White Chapel Boulevard on the southwest corner of West Southlake Boulevard and South
White Chapel Boulevard. Current Zoning: 0-1 Office District SPIN Neighborhood #14 Chief
Planner Killough presented this item to Council in conjunction with item 6G. Applicants Skip
Blake from Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas and Civil
Engineer Keith Hamilton, 601 Holland Road, Hurst, Texas made a presentation and answered
Council's questions.
Motion was made to approve ZA07-057, Preliminary Plat for Medical Villas at Taylor's Creek
subject to Revised Plat Review Summary No. 4, dated October 10, 2007, specifically granting
the requested variance regarding the tree conservation plan.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss called for a break at 9:15 p.m. and reconvened the meeting at 9:34 p.m.
Agenda Item No. 9A. ZA07-100 Preliminary Plat for Lots 7R1A 7R2A and 7R3 Timberline
Estates on property being legally described as Lots 7R1 and 7R2 Timberline Estates and being
located at 220 and 230 Timberline Lane. Current Zoning: SF-lA Single Family Residential
District. SPIN Neighborhood #15 Chief Planner Killough presented this item to Council in
conjunction with item 9B. Applicant Steve Maples, 5001 Golden Triangle Boulevard, Keller,
Texas made a presentation and answered Council's questions.
Mayor Wambsganss allowed the public to speak.
Robert Garner, 225 Timberline Lane, Southlake, Texas, spoke in opposition to the easement.
Craig Bryant, 270 Timberline Lane, Southlake, Texas, spoke in opposition to the easement.
Sherri Corning, 245 Timberline Lane, Southlake, Texas, voiced her concerns about this request.
Mayor Wambsganss read comment cards from those that did not wish to speak but wanted to
record their opposition to the easement:
Latrelle L. Berry, 250 Timberline Lane, Southlake, Texas;
Misty and Paul Bishop, 255 Timberline Lane, Southlake, Texas;
Kreg Bryant, 270 Timberline Lane, Southlake, Texas;
Robert and Sherri Corning, 245 Timberline Lane, Southlake, Texas;
Billie Jeane Garner, 225 Timberline Lane, Southlake, Texas; and,
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007
Page 9 of 11
Avis O. Purvis, 275 Timberline Lane, Southlake, Texas.
Motion was made to approve ZA07-100, Preliminary Plat for Lots 7R1A, 7R2A, and 7R3,
Timberline Estates on property being legally described as Lots 7R1 and 7R2, Timberline Estates,
and being located at 220 and 230 Timberline Lane, noting the applicant will need to construct the
trail at the new location between lots 7R2A and 7R1A within six months of pulling the first
permit for either of the two lots; relocating and abandoning the existing 10 foot access easement
to a location between lots 7R1A and 7R2A; requiring the applicant to escrow funds to construct
the 4 foot sidewalk required along Timberline Court; requiring the sidewalk to be constructed of
concrete; requiring the trail to be constructed of concrete; and subject to Plat Review Summary
No. 2, dated October 10, 2007.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9B. ZA07-107 Plat Revision for Lots 7RIA 7R2A and 7R3 Timberline
Estates, being a revision of Lots 7R1 and 7R2 Timberline Estates and being located at 220 and
230 Timberline Lane. Current Zoning: SF-lA Single Family Residential District SPIN
Neighborhood #15. Chief Planner Killough presented this item to Council in conjunction with
item 9A. Applicant Steve Maples 5001 Golden Triangle Boulevard, Keller, Texas made a
presentation and answered Council's questions.
Motion was made to approve ZA07-107, Plat Revision for Lots 7R1A, 7R2A, and 7R3,
Timberline Estates; being a revision of Lots 7R1 and 7R2, Timberline Estates and being located
at 220 and 230 Timberline Lane subject to the recommendations of the Planning and Zoning
Commission and subject to Plat Review Summary No. 2, dated October 10, 2007 and subject to
the conditions of the prior motion.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9C. Consider SP07-343 Amendment to the Shops of Southlake Conditional
Sign Permit for Central Market Director Baker presented this item to Council. Applicants Austin
Jury of Central Market and in-house architect Karen Easterling made a presentation and
answered Council's questions. Council asked questions and discussed this request.
Motion was made to approve SP07-343, Amendment to the Shops of Southlake Conditional Sign
Permit for Central Market as presented with the assurances given by the applicant as to the type
and coloring of lettering and also based upon the specific descriptions shown with the examples
presented tonight with the channel cut illuminated green letters with the text, fresh produce daily,
at 20 inches rather than 22 inches.
Motion: Jones
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007
Page 10 of 11
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: Stansell
Approved: 6-1
Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 10:59 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Andy Wa bsganss
Mayor
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REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 16, 2007
Page 11 of 11
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Biographical Skeich
Of
Lam a Huisepy
Mr. Hulsey has been a practicing engineer for over 37 years since earning a B.S. in
petroleum engineering from the University of Oklahoma. He was associated with major
and independent oil and gas companies for 12 years, prior to forming his own company in
1977. He is an Oil & Gas Consultant, Independent Oil & Gas Producer, Certified
Environmental Inspector, Certified Mold Inspector and Certified Environmental
Consultant as well as a Registered Professional Engineer in the State of Texas.
He was appointed to Executive Committee for the Texas State University
Chancellor's Council, December 6, 2046. Also, appointed on February 24, 2004, by Mary
Horn, Denton County Judge of the tri-Denton County Commissioners Court to the Denton
County Drilling/Land Development Committee. In addition to serving as president of
NTOGA and communications chairman of IPAA, Hulsey has served on IPAA's Executive
Committee, and as chairman of TIPRO's Membership Committee and of the Texas
Governor's Committee on Stripper & Marginal Well Cost Review.
He is the current past chairman of the LIAISON Committee where he served for 6
years. This committee represents a loose confederation of some 25 state and regional oil &
gas associations. LIAISON is a forum for exchanges of ideas among associations and
coordinates lobbing objectives by working with IPAA to develop the "Independent
Producer Agenda". He is the current past chairman of the Petroleum Technology Transfer
Council's Texas Producer Advisory Group. This group provides guidance to the PTTC
regarding its activities in the state. He is a member of the Texas Alliance of Energy
Producers executive committee and the IPAA Crude Oil and Economic Policy Committee,
and TIPRO's National Energy Policy Committee, member of National Stripper Well
Association's Executive Committee and Vice-Chairman of Save Domestic Oil (SDO). He
is serving his 9ei year as the Texas Governor's appointee to the Interstate Oil & Gas
Compact Commission and served for 8 years as the Texas Representative on the Policy
Committee of the U.S. Department Interior's Outer Continental Shelf Advisory Board.
Hulsey has lived in Graham for over 34 years, where he has served as an elder in
the Presbyterian Church and is serving on the Graham National Bank Board of Directors,
and held positions on the Graham Chamber of Commerce, Graham Industrial Association,
Graham City Council, and Young County Tax Review Board. He served two ten ns as
President of the Graham Hospital Foundation Board and is the current Vice President.
Rev. 05M7
Sr/iE~ 2ar~ ll:v' °4054°5241 PAGE 03
1 U 1
CLIE.iv T LIST FOR PROPERTY EVALUATIONS, CONTRACT OPERATIONS,
PHASE ONE ENVIRONMENTAL AUDITS, &
TECHNICAL ADVISOR/GAS INSPECTOR
Graham National Bank Graham, Texas
First State Bank Graham, Texas
First National Bank Graham, Texas
Montgomery Law Firm Graham, Texas
Turner & Allen Law Firm Graham, Texas
Renn & High Law Firm Lisle, IL
Jack M. Graham, Attorney At Law Amarillo, Texas
Dion Lassiter, CPA Olney, Texas
Montgomery, Birdwell & Co. Graham, Texas
Stephens & Meyers Law Firm Graham, Texas
Oldham & Associates Wichita Falls, Texas
McIntyre Law Firm, FLLC Washington, D.C.
American Cancer Society Atlanta, Georgia
Citizens National Bank Breckenridge, Texas
City of Haslet Haslet, Texas
City of Rhome Rhome, Texas
Town of Trophy Club Trophy Club, Texas
Town of Annetta North Annetta North, Texas
City of Mansfield Mansfield, Texas
City of Decatur Decatur, Texas
City of Reno Reno, Texas
10/16/266 11:61 9405495241 PAGE 64
CLIENT MST CONTINUED: PAGE 2
City of Sanctuary Sanctuary, Texas
City of Southiake Southlake, Texas
City of Richland Hills Richland Hills, Texas
City of Azle Azle, Texas
City of Alvarado Alvarado, Texas
U' T Dallas, Texas
City of Arlington Arlington, Tom
City of Richland Hills Richland Hills, Texas
Media Recovery Graham, Texas
Graham Industrial Association Graham, Texas_
JPMorgan Chase Bank, N.A. Fort Worth, Texas
City of Crowley Crowley, Texas
Dallas/Fort Worth Intl. Airport DFW Airport, Texas
City of Grand Prairie Grand Prairie, Texas
City of Dish Dish, Texas
City of Irving Irving, Texas
City of iciver Oaks River Oaks, Texas
City of Venus Venus, Texas
City of Kennedale Kennedale, Texas
City of Aledo Aledo, Texas
City of Hickory Creek Hickory Creek, Texas
City of Joshua Joshua, Texas
City of Euless Euless, Texas
City of Coppell Coppell, Texas
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Oil & Gas uestions/Issues to be discussed at the October 16, T~4eeting.
p,,rk o-CA'T e,( j k as i
rah r, v ~~K kle Coy-
`{es
1) Are separator tanks and dehydrators required to be located on the drill site? If so,
is open flare testing required? What type of equipment is required to be on site?
2) Be prepared to discuss the advantages and disadvantages of allowing frac ponds
on the drill site. If frac ponds are not allowed on the drill site how is water
typically provided (trucks; wells, pumped from nearby water source (i.e. lake)?
3) How often do wells need to be refraced?
4) To what extent can the city regulate the location of transmission lines/collector
lines. Can the city require that the applicant to indicate off-site lines on the SUP
request (attorney question)?
5) Currently line depth (minimum cover) is regulated by the American National
Safety Institute Code. The City Engineer is recommending that lines should be at
least located 10' deep below streets and on public property. How do other
localities address this issue? What type of signage (pipeline markers) is required
with flow and transmission lines
6) Is a storm choke, high low pressure valve, and a blow out preventor the same? If
not, what is the difference?
7) Be prepared to discuss the technical aspects of a closed loop mud system.
8) Be prepared to discuss the advantages and disadvantages of salt water injection
techniques.
9) Be prepared to explain the term "tank battery".
10) How often should a well sites be inspected (daily, weekly. monthly; annually)?
11) What actions are typically taken when a field is identified as a Hydrogen Sulfide
gas field?
12) What are typical distances between public right-of-ways and well sites. Does the
RRC have a distance standard?
During the summer, residents in the Rolling Hills neighborhood learned they were
powerless to stop a rig that was planned for the Glen Garden Country Club because the
drilling company had obtained waivers from property owners reported Lee. He omitted to
report that the waiver was granted because everyone within 600 feet of the well (two persons)
approved of the drilling permit. The father of the president of the neighborhood group is also
leasing in the same Glen Garden Country Club area as a competitor.
Related Article(s): Fort Worth Star Telegram 9/29/07 City residents voice drilling concerns by Mike Lee
hftp://www.star-telegram.com/629/Story/261228.htmi
New Water Disposal Well Operational In Fort Worth
The first long overdue water disposal well (WDW) in the city of Fort Worth is
now operational by Chesapeake near their East First Street and Oakland Boulevard wells.
City ordinances allow Chesapeake to dispose only waste water from wells on the same lease.
This well will greatly reduce truck traffic in the area which will improve safety on our streets
and a much clear air environment. This is another positive step towards environmental
improvement in the development of the Barnett Shale in Fort Worth.
Meanwhile, the Fort Worth City Council has imposed a moratorium on new disposal
wells. They have tentatively scheduled to discuss the moratorium in a mid-October meeting.
Chesapeake Energy got its permit from the Texas Railroad Commission, the state's regulatory
agency over oil and gas, before the moratorium was issued by the city.
The gas production industry prefers to dispose of production water by pumping it into
the WDW wells, also known as saltwater injection wells. The wells are more economical than
trucking the used frac water from the wells to far away WDW, most in other counties. Most
drilling site pads where the separators and tanks are located are too limited in size to support
the current recycling units being evaluated in the Barnett Shale. The industry is still spending
millions in R&D funds to find a small sized, large volume, economical way to re-cycle the used
frac water as it is our first preference.
No permit to drill any type of well is granted by the Railroad Commission unless the Drilling
Permit Application is accompanied by a letter from the Texas Commission On Environmental
Quality (TCEQ) stating its recommended depths to which useable quality groundwater
should be protected in oil and gas operations including water disposal wells. Applicants are
required by RRC rule to submit these letters with their applications for RRC authorizations.
These state agencies recommend, monitor and control the drilling and operation of water
disposal wells.
Fort Worth City Environmental Director Brian Boerner has opposed any WDW
wells because he believes he knows more than the state agency about the potential for
accidents and the environment. "The wastewater has to be injected under high pressure,
which makes the wells more likely to leak", he is quoted as saying. He has pushed for rules
that would no allow any WDW in the city. He is also quoted as suggesting that Chesapeake
might cheat by disposing of water from wells other than those approved by stating for the Lee
POWELL BARNETT SHALE NEWSLETTER www.bamettshalenews.com - ISSUE OF OCTOBER 1, 2007 18 of 37
article: "If they start =bringing saltwater in from other wells, we shut them down." He is quoted
as stating the companies should figure out a way to re-cycle in the city. If enough of the
waste was recycled, the industry could cut disposal by about 70 percent, avoiding the need
for disposal wells inside the city, he said. Chesapeake officials said in July that large-scale
recycling is not practical in urban environments.
Today, the storage and disposal of major oil and gas wastes requires a permit or
authorization by rule. The Railroad Commission of Texas has jurisdiction over injection
wells used to inject oil and gas wastes including used frac water. Abandoned oil wells are
channels for the upward movement of brine-salt water often found in oil-bearing zones-and
they are paths to contamination by oil and gas, drilling fluids, and other contaminants. As of
December of 2002, the Railroad Commission reported that it had permitted 51,338 so-called
Class II injection wells, 33,026 of which were active. There were about 8,000 saltwater
disposal wells (WDW), while the vast majority of these consisted of secondary-recovery
wells. Two confirmed cases of groundwater contamination resulting from the 51,338 injection
wells have been documented in the past few years, though both have since been cleaned up.'
Reports by Mike Lee of the Fort Worth Star Telegram that the used frac water states it
"sometimes including cancer-causing chemicals such as benzene" just is not true. It is the
type of erroneous information found on blogs (web logs) but If it were present, what better
place to put it than 1.5 miles deep in the earth rather than trucking it though our
neighborhoods? Lee goes onto cite several recent `incidents' involving WDW in north Texas
in a totally different geological environment and drilling history therefore which do not apply
to Fort Worth and Tarrant County.
There are dozens of injection wells in North Texas. Chesapeake has one at Dallas/Fort
Worth Airport, and the 7,200-acre Walsh Ranch development at the edge of Fort Worth in
eastern Parker County has another. The well was drilled to alleviate truck traffic from the
dozens of wells expected to be drilled on the ranch. Walsh is slated to be developed as a mix
of homes and businesses and will eventually be annexed into Fort Worth. There are 10
injection wells in Parker County and 27 in Wise County according to Lee's research.
Company officials said they believe that the process is safe because the waste will be
injected about 9,000 feet below the surface, deeper even than the Barnett Shale, and separated
from groundwater by scores of rock layers, many impermeable shales. Julie Wilson, a
Chesapeake spokeswoman, said "those fears are largely unfounded" if the wells are properly
managed.
Related Article(s): Fort Worth Star Telegram 9/25/07 Fort Worth has sharp eye on water disposal by Mike Lee
http://www.star-telegram.com/metro news/story/246344 html
' Texas Environmental Prorties http://www.texase ora(htmkMllwgl 3grw html
POWELL BARNETT SHALE NEWSLETTER www.bamettshalenews.com - ISSUE OF OCTOBER 1, 2007 19 of 37
46'.ewa 0-t- 10' 10 -0
C,=Y ctrtc, weef(Ay
RULE 36 COMPLIANCE REQUIREMENTS
DRILLING & PRODUCTION
PROVISION CASE 1 CASE 2 CASE 3
1) H 2 S Concentration Test x X X
2) H-9 X X X
3) Training x X X
4) District Office Notification x X X
5) Drill Stem Tests Restricted X* X• X
6) BOP Test X* X* X
7) Materials x X
8) Warning and Marker x X
9) Security x X
10) Contingency Plan x
11) Control and Equipment Safety x
12) Monitors x X
13) Mud (ph Control or Scavenger) X*
14) Wind Indicators x X
15) Protective Breathing Equipment x X
16) Choke Manifold, Secondary Remote X
Control, and Mud-Gas Separator
17) Flarestacks X*
CASE 1 - 100 ppm R.O.E. is less than 50'
CASE 2 - 100 ppm R.O.E. is 50' or greater, but less than 3000' and contains no
public area.
CASE 3 - 100 ppm R.O.E. is 50' or greater and includes a public area or
500 ppm R.O.E. includes a public road. Also if 100 ppm R.O.E. is
3000' or greater regardless of public area.
*Requirements in Districts 5 and 6 only.
7
ceivPJ a+ 1046-07
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DISTRICT MAP
I 7- OIL AND CAS DIVISION
RAILROAD COMMISSION OF TEXAS
• SMACKOVER
SAN ANDRES
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4 CORPUS CHRISTI •®o
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6 KILGORE
78 ABILENE
7C SAN ANGELO
MIDLAND
IA LUBBOCK
9 WICHITA FALLS
10 PAMPA
AREAS OF MAJOR SOUR GAS PRODUCTION IN THE STATE
2
(Zece vd of 10-16-0-7
Councx'( meet d
Differences Between Safety Valves
A storm choke is a downhole valve that operates by fluid velocity and closes when
the fluid flow from the well exceeds preset limits. The forerunner to modern
subsurface controlled safety valves, storm chokes were used in offshore applications
as a contingency device in the event of a catastrophic failure of surface facilities
during a storm or hurricane.
A high low pressure valve is a valve that can be set to operate within certain
pressure parameters, using gas or fluid pressure to open or close the valve if the
parameters are exceeded or diminished. There are subsurface and surface pressure
valves. Those applied at the surface can be use on the tubing, the casing, or in the
flowline. They are used, both to regulate the flow of the well, and for safety
purposes. They are sometimes referred to as Subsurface or Surface Safety Valves.
The subsurface valves are made to be added to the tubing string, others are slick line
retrievable, and fit inside the tubing.
A blow out preventor is a large valve at the top of a well that may be closed if the
drilling crew loses control of formation fluids. By closing this valve (usually operated
remotely via hydraulic actuators), the drilling crew usually regains control of the
reservoir, and procedures can then be initiated to increase the mud density until it is
possible to open the BOP and retain pressure control of the formation. BOPs come in
a variety of styles, sizes and pressure ratings. Some can effectively close over an open
wellbore, some are designed to seal around tubular components in the well
(drillpipe, casing or tubing) and others are fitted with hardened steel shearing
surfaces that can actually cut through drillpipe.
An inside blow out preventer is a valve in the drillstring that may be used to prevent
the well from flowing uncontrollably up the drillstring.
The BOP is also used as a safety valve in Fracing and Blowback operations.
Pete ii/ed a-f- t 0-I 1~-7
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TRUCK TRAFFIC
Rig Moves and Drilling Operations
Approximately 58 trucks will travel the lease road per drill site. 5e4--u.r o n LLi
2 to 3 days to move in the rig.
1 '/2 days to put the rig up.
Drilling time is normally 30 days.
The usual truck traffic would be 8 to 10 trucks per day. C~oS2~ ~op~ S I~~
Fracing and Well Completion
During completion there will usually be 14 pump trucks, two blender trucks, and one frac
van.
The job will take 3 to 4 days normally, with the pump trucks, and/or sand trucks making
seven or eight hauls per site.
9a.cei-VeX a.4' to-l(-o7
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Closed-loop drilling systems
- a cost-effective alternative to pits-
CASE 1: Comparing closed loop drilling to a conventional systern,- A tale
of two wells (M-1 Swaco Company)'
Closed-loop systems employ a suite of solids control equipment to minimize
drilling fluid dilution and provide the economic handling of the drilling wastes. For
one company, a typical closed-loop system includes a series of linear-motion
shakers, mud cleaners and centrifuges followed by a dewatering system. The
combination of equipment typically results in a "dry" location where a reserve pit
is not required, used fluids are recycled, and solid wastes can be landfarmed,
hauled off or injected downhole.
Two wells drilled only 200 ft apart in Matagorda Cty, TX, provided a unique
opportunity to compare the costs between conventional solids-control
equipment and the company's closed-loop system. Both wells drilled through the
same formations, used the same rig crew, mud company and bit program.
The closed-loop system resulted in significant savings:
• 43% savings in drilling fluid costs
• 23% fewer rotating hours
• 33$ fewer days to drill to a comparable depth
• 37% reduction in the number of bits used
• up to 39% improvement in the rate of penetration
CASE 2: Reducing waste vo?ume and costs using closed-loop systems
(New Mexico Oil Conservation Division) 2
Challenge- Challenges associated with conventional reserve pits include
volume of drilling wastes; drill site installation and restoration costs; pollution of
land and/or surface water due to failure of pits and/or containment system and
associated cleanup costs; and potential for subsurface pollution due to
downward migration from pits and/or surface soil permeability.
Solution- Use closed-drilling pit system to reduce volume of drilling waste. The
drilling contractor maintained "safe pit levels" and recycled drilling fluid to
M-1 Swaco. "Swaco closed-loop systems: A tale of two wells." This is Swaco.
http://www.miswaco.com/More_Info/About Us/98131 pdf
New Mexico Oil Conservation Division. Pollution Prevention Best Management Practices for the
New Mexico Oil and Gas Industry. http://www.emnrd.state.nm.us/ocd/
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October 16, 2007
Southlake City Council
Southlake, TX 76092
Re: Case No. ZA07-066
This is to notify the City Council of Southlake that we are withdrawing our request for a variance
from the ordinance requiring an eight-foot multi-use trail per the Southlake Pathways Plan. The
pathway will be constructed as currently platted on the east side of proposed Lot 7R1A
Timberline Estates.
However, we request that construction of the pathway be deferred until such time as construction
is begun on the adjoining section of the trail to be located in the office park development behind
our property. Until the adjoining trail providing access to Southlake Blvd is available and
the office park construction is complete the pathway on our property would only be
allowing access to the hazards of a construction project in progress and undeveloped
land.
Respectively,
Steve Maples
Paula Kellar
i
CITY COUNCIL, MEETING
OCT. 16, 2007
1. CRIME PREVENTION.
2. CRIME MOST OFTEN OCCURES ---OPPORTUNITY.
3. EXPOSED AREA, NORTH----SOUTH, ON WEST SIDE -337'
BACK YARD, 141' HOUSE/GARAGE, 879,-- FRONT YARD 108'
4. HOUSE LOCATION---OAK SHADE TREES ON THE WEST,
GRAVEL DRIVE AS NOT TO DISTURB THE TREES.
5. OAK TREES (14) CUT OR DIE FROM EARTH DISTRUBANCE
(OAK'S ON OURSIDE OF THE PROPERTY LINE)
GIRTH OF TREES FOLLOWS:
44",41",56",44",46",65",42",63",32",33",59",75",28" & 54".
***no notice of easement !
comment - that they are looking to the future as the older property's
will be removed. Impression, the older homes and people
that has been here for years count for little as far as the
future is concerned.
This could easily be taken as an insult!
RECEIVED
OCT 1 6 2007
OFFICE OF CITY SECRETARY
Ci k~ CauAu ( Thee-~
City of Southlake
Office of the City Manager
October 15, 2007
Frank Bliss, Esq.
1256 Main Street, Suite 240
Southlake, Texas 76092
Re: Conveyance of Parking Garages to the City of Southlake
Dear Frank:
The City is moving forward to accomplish the purchase of the parking garages provided
all conditions of the conveyance are satisfied. In that regard, attached to this letter is a
list of the conditions that need to be completed prior to the transition. If the City is to
accept the garages soon, it is time to complete any required actions noted on the list. We
v~ i11 need to document status of completion of each item.
Note that we ~zll be contacting you to set up a meeting to discuss these items.
Also note that Tarrant County will need to dissolve the license agreement (`7 on the
attached list). You may want to contact County Commissioner Gary Fickes to emphasize
the need for this action. The City of Southlake has offered Tarrant County a license
agreement under the conditions of the operating agreement, and a draft agreement has
been forwarded to them for review.
If you have any questions, please call Sharen or me.
Sincerely,
Shana K. Ye . , • on
City Manager
cc: Ken Baker, Planning & Development Services Director
Sharen Jackson, Finance Director
Debra Drayovitch, City Attorney
1400 Main Street • Suite 460 • Southlake, Texas 76092
(817) 748-8003 - «,ww.cit},ofsouthlake.com
Conditions for convevance of Parking Garages
1. Verification that Grantor is in compliance with Development Agreement. Economic
Development Agreement and Parking Garages Operating Agreement, to include
confirmation that all conveyances of an interest in the GA property have consented to
restrictions in Sec. 5A of Parking Agreement.
2. Verification that taxable values have been met.
3. Confirmation that Garages are in condition acceptable to City (see attached list of
corrections).
4. Parks have been conveyed and accepted by City.
5. Partnership shall deliver to City:
a. At Partnership's sole expense; a Texas Owner's Title Policy, issued by
Rattikin Title Company, 201 Main Street, Suite 800, Fort Worth, Texas
76102 in the amount of $13,000,000, insuring the City's fee simple title to the
Parking Garage Property, subject only to those title exceptions listed in this
Section, if any, such other exceptions as may be approved in writing by City,
provided, ho-%vever: (a) the boundary and survey exceptions shall be deleted;
(b) the exception as to restrictive covenants shall be endorsed "None of
Record"; and the exception as to the lien for taxes shall be limited to the year
of closing and shall be endorsed `Not Yet Due and Payable";
b. Releases from the contractors, subcontractors and suppliers of materials who
have provided labor and materials for the public improvements showing that
they have been paid for such labor and materials;
c. An assignment of all contractors' warranties, if any, and all performance and
payment bonds; and
d. Releases from any lien holders on Parking Garage Properties.
6. Special Warranty Deed has been submitted, in the form as attached as Exhibit "F" to
the Development Agreement, conveying good and marketable title in fee simple to
the Parking Garage Property, free and clear of any and all liens, encumbrances,
conditions, assessments, and restrictions other than as provided in the Agreement.
7. Tarrant County shall have executed and recorded its consent to the termination of its
rights pursuant to the Irrevocable Parking License, maintenance and Operation
Agreement.
List of Necessary Corrections to Parking Garages
West Garage
1. Damaged overhead vehicle clearance sign. lower level southeast corner
2. Damaged chain link gate latch north electrical equipment under stair"7ay
3. Eliminate foul odor emanating from both elevator shafts
4. Water inside the south elevator and leaking from the lights after the 10%9!07 rain
5. Overhead vehicle clearance suns should be at a consistent level
6. Clean out drains
7. Clean up pigeon droppings and insects
8. Protect masonry at all entrances to the garage
East Garace
1. Damaged masonry east driveway entrance. (repair and provide protective measures)
2. Damaged masonry west driveway entrance (repair and provide protective measures)
3. North elevator not working
4. Eliminate the foul odor emanating from both elevator shafts
5. Overhead vehicle clearance signs should be at a consistent level
6. Clean out drains
7. Clean up pigeon droppings and insects
8. Protect masonry at all entrances to the garage
9. Repair of the damaged paint on the stair rails