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2008-05-06 Regular CC Meeting U CITY OF SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING: MAY 6. 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 4:00 P.M. 1. Call to order. 2. Invocation: Scott Berry, First Baptist Church of Southlake 3. Joint Work Session with the Planning and Zoning Commission: a. Discussion of the following: 1. Ordinance No. 480-RRR, Amending the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to oil and gas drilling and production. 2. 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. 3. Ordinance No. 880-A, Amending Section 9.5, Article IV, of the Southlake City Code regarding oil and gas well drilling and production. 4. Road Repair Agreement 4. Special reception for Mayor Pro Tern Carolyn Morris 5. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or immediately following the work session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding Simmons Addition sewer services. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 6, 2008 Page 2 of 8 b. Seek advice of the city attorney regarding TIRZ reimbursement. 2. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Special presentation to Senator Jane Nelson 2. Recognize students from the Carroll ISD Class of 2008 who have been accepted to a military academy 3. Proclamation for Building Safety Week B. City Manager's Report C. School District's Report CONSENT AGENDA: All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: A. Approve the minutes from the April 15, 2008, regular City Council meeting and the April 23, 2008, special City Council meeting. B. This item was intentionally left blank. C. This item was intentionally left blank. D. Resolution No. 08-016, Authorize continued participation with the Steering Committee of Cities served by Oncor and authorize the payment of 10 cents per capita to the Steering Committee to fund regulatory and related activities related to Oncor Electric Delivery. E. Award of bid to XTG, Inc. in the amount of $104,533.95 for audio visual system upgrade for the City Council Chambers. F. Approve a letter agreement with Republic Waste Services of Texas, Ltd., amending the contract for residential and commercial refuse collection dated March 22, 2007. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 6, 2008 Page 3 of 8 G. Approve a revised residential developer agreement with Woodbury Development, LLC, for Woodbury Addition, a 9-lot subdivision located on the north side of West Continental Boulevard east of Davis Boulevard. H. Ordinance No. 480-556, 1St Reading, (ZA07-137), Zoning Change and Site Plan for Bosworth Offices located at 1900 East State Highway 114. Current Zoning: B-1 Business District. Proposed Zoning: S-P-1 - Detailed Site Plan District. SPIN Neighborhood #6. (If approved at first reading, the public hearing will be held May 20, 2008.) I. Ordinance No. 480-557, 1St Reading, (ZA08-016), Zoning Change and Concept Plan for 2809 Ridgecrest Drive. Current Zoning: AG - Agricultural District. Proposed Zoning: SF-2 - Single Family Residential District. SPIN Neighborhood #15. (If approved at first reading, the public hearing will be held May 20, 2008.) J. ZA08-012, Revised Preliminary Plat for Gateway Church located along State Highway 114, between North Carroll Avenue and North Kimball Avenue. Current Zoning: NR-PUD - Non-Residential Planned Unit Development District. SPIN Neighborhood #6. K. ZA08-014, Preliminary Plat for Winfield Estates located at 1107 and 1155 East Dove Street and 2210 North Carroll Avenue. Current Zoning: R-PUD - Residential Planned Unit Development District. SPIN Neighborhood #5. L. ZA08-015, Plat Showing for Lots 3-6, W.W. Hall No. 687 Addition on property being legally described as Tract 3, W.W. Hall Survey, Abstract No. 687 and located at 310 East Southlake Boulevard. Current Zoning: S- P-1 - Detailed Site Plan District. SPIN Neighborhood #13. M. ZA08-023, Plat Showing for Lots 1-4, T. Easter No. 458 Addition on property being legally described as Tracts 2E2, 2E5, 2E5C, 2E6, 2E96, and 2E14, Thomas Easter Survey, Abstract No. 458, and located at 2300 East State Highway 114. Current Zoning: S-P-1 - Detailed Site Plan District. SPIN Neighborhood #6. N. Resolution No. 08-014, Adopt a resolution to support CP80 and Federal adoption of the Internet Community Ports Act. 0. ZA07-123, Revised Site Plan for Chick-fil-A on property being legally described as Lot 4, Block 1, Perry/Allen Addition and located at 2301 East Southlake Boulevard. Current Zoning: C3 - General Commercial District. SPIN Neighborhood #7. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 6, 2008 Page 4 of 8 P. Ordinance No. 480-552, 1St Reading (ZA07-162), Zoning Change and Concept Plan for Lots 9-12, J. Childress No. 254 Addition on property being legally described as Tract 3D2, John Heirs Childress Survey, Abstract No. 254 and located at 3010 Lake Drive. Current Zoning: AG - Agricultural District. Requested Zoning: SF20B - Single Family Residential District. SPIN Neighborhood #3. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. Q. ZA07-163, Plat Showing for Lots 9-12, J. Childress No. 254 Addition on property being legally described as Tract 3D2, John Heirs Childress Survey, Abstract No. 254 and located at 3010 Lake Drive. Current Zoning: AG. SPIN #3. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. R. Resolution No. 07-056, CP07-005, 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. THIS ITEM HAS BEEN TABLED TO THE MAY 20, 2008 CITY COUNCIL MEETING. S. Ordinance No. 480-RRR, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to oil and gas drilling and production. THIS ITEM HAS BEEN TABLED TO THE MAY 20, 2008 CITY COUNCIL MEETING. T. Ordinance No. 880-A, 2nd Reading, Amend Section 9.5, Article IV, of the Southlake City Code regarding oil and gas well drilling and production. THIS ITEM HAS BEEN TABLED TO THE MAY 20, 2008 CITY COUNCIL MEETING. REGULAR AGENDA: 5. Public Forum. A. Ken Walbridge to speak on Texas Property Tax Code 33.06. 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 483-L, 2nd Reading, Miscellaneous amendments to the Subdivision Ordinance No. 483, as amended, including but not limited to minimum lot width standards and regulations pertaining to panhandle lots. PUBLIC HEARING B. Ordinance No. 480-SSS, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to development City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 6, 2008 Page 5 of 8 regulations on properties within the City of Southlake which are not currently regulated by the City's Corridor Overlay Zone or Residential Adjacency Standards. PUBLIC HEARING C. Ordinance No. 480-550, 2nd Reading (ZA07-133), Zoning Change and Development Plan for Lake Forest on property being legally described as Tract 5, R.D. Price Survey, Abstract No. 1207 and located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3. PUBLIC HEARING D. ZA07-134, Preliminary Plat for Lots 1 - 8, Block 1, Lake Forest Addition on property being legally described as Tract 5, R.D. Price Survey, Abstract No. 1207 and located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-559, 1St Reading (ZA08-017), Zoning Change and Development Plan for Statham/George Addition on property legally described as Tracts 7 and 7A, RD Price Survey, Abstract No. 1207 and Tract 2F2, J. Childress Survey, Abstract No. 254; and located at 2980 Burney Lane. Current Zoning: SF-1A - Single Family Residential District. Requested Zoning: R-PUD - Residential Planned Unit Development District. SPIN Neighborhood #3. (If approved at first reading, the public hearing will be held May 20, 2008.) B. Ordinance No. 480-560, 1St Reading (ZA08-018), Zoning Change and Development Plan for Housmans/Harbor Oaks Addition on property legally described as Lot 10, Block 2, Harbor Oaks and located at 2970 Burney Lane. Current Zoning: SF-1A - Single Family Residential District. Requested Zoning: R-PUD - Residential Planned Unit Development District. SPIN Neighborhood #3. (If approved at first reading, the public hearing will be held May 20, 2008.) C. Ordinance No. 480-555, 1St Reading (ZA07-058), Zoning Change and Development Plan for East Haven Addition on property being legally described as Lots 7R, 8R, 20R, and 21R, East Haven Addition and tracts 1A, 2A, 2A2, 2A3, and 2131, Hollingsworth and Barnett Survey, Abstract No. 787 and located along Haven Circle (formerly known as East and West Perry Circle) and along the south side of the 900 block of East Continental Boulevard. Current Zoning: 11 - Light Industrial District and AG - Agricultural District. Requested Zoning: R-PUD - Residential City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 6, 2008 Page 6 of 8 Planned Unit Development District. SPIN Neighborhood #9e. (If approved at first reading, the public hearing will be held May 20, 2008.) D. Ordinance No. 480-558, 1St Reading (ZA07-146), Zoning Change and Concept Plan for Harris Methodist Southlake on property being legally described as Lot 1, Block 1, Gorbutt Addition and located at 1545 East Southlake Boulevard. Current Zoning: S-P-2 - Generalized Site Plan District. Requested Zoning: S-P-2 - Generalized Site Plan District. SPIN Neighborhood #8. (If approved at first reading, the public hearing will be held May 20, 2008.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: (There are no items on this agenda.) 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, May 2, 2008, by 6:00 p.m., pursuant to the Texas Government q Qdp„~Chapter 551. • s ~L/vt • s • Lori Payne, TRM CD c City Secretary ` % If you plan to attend this pub&i ,mAt4~►``'and have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 6, 2008 Page 7 of 8 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004. 2. Teresa Dreyer vs. City of Southlake. September 2006. 3. TBC Construction, Inc., and TBC First Realty, Inc. vs. City of Southlake, Barson Utilities, Inc., aka Barson Utilities. December 2006. 4. June G. Thrash vs. City of Southlake, et al. January 2008. 5. Michael Kenny vs. City of Southlake. April 2008 Section 551.072: Deliberation regarding real property The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 6, 2008 Page 8 of 8 Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism-related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emerciency management plans regarding pipeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork U 9 CITY OF SOUTH LADE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: MAY 6, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris, Deputy Mayor Pro Tern Virginia M. Muzyka, and Councilmembers Laura K. Hill, Gregory Jones, Vernon Stansell and John Terrell. CITY COUNCIL ABSENT: None. PLANNING AND ZONING COMMISSION PRESENT: Chairman Al Morin, Vice- Chairman Brandon Bledsoe, and Commissioners Darrell Faglie, Robert Hudson, Michael Springer and Jeff Wang. PLANNING AND ZONING COMMISSION ABSENT: Commissioner C.D. Peebles. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Manager of Information Systems Gary Gregg, Interim Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Deputy Director of Finance Sean Leonard, Director of Human Resources Kevin Hugman, Chief of Fire Services Robert Finn, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Chief Building Official Paul Ward, Planner Clayton Comstock, Plans Examiner Chuck Bloomberg, Plans Examiner Skip Vandergrift, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, City Attorney Tim Sralla, City Secretary Lori Payne, and Deputy City Secretary Tara Brooks. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 4:11 p.m. Agenda Item No. 2. Invocation. Scott Berry from First Baptist Church of Southlake gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 3. Joint Work Session with the Planning and Zoning Commission. Director Baker and Director Price presented the following items to the City Council and the Planning and Zoning Commission and answered questions: REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2008 Page 1 of 12 Agenda Item No W Ordinance No. 480-RRR Amending the Comprehensive Zoninq Ordinance No 480, as amended as it pertains to oil and gas drilling and production; Agenda Item No 3A2 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; Agenda Item No 3A3 Ordinance No. 880-A Amending Section 9.5, Article IV, of the Southlake City Code regarding oil and gas well drilling and production; and, Agenda Item No. 3A4. Road Repair Agreement. The group discussed these items. No action was taken. The Mayor stated the oil and gas drilling items have been tabled to the May 20, 2008 City Council meeting to allow further research on compressor stations and pipelines. Agenda Item No 4 Special reception for Mayor Pro Tern Carolyn Morris. Mayor Wambsganss presented Mayor Pro Tern Morris a proclamation framed with two Bob Jones Nature Center photos. City Manager Yelverton presented her with a photo and a plaque for her years of service to the City. Mayor Pro Tern Morris thanked the citizens of Southlake, her fellow Councilmembers and the city staff. Mayor Wambsganss invited everyone into the foyer for punch and cake. Mayor Wambsganss called for a break at 5:25 p.m. and reconvened the meeting at 5:56 p.m. Agenda Item No. 6. Discuss all items on tonight's meeting agenda. City Council reviewed the agenda items with city staff. Item 7C was added to the consent agenda to remand back to the Planning and Zoning Commission due to the number of significant changes to the plan since considered by the Commission. Mayor Wambsganss closed the work session at 6:02 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:02 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 attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:03 p.m. Executive Session began at 6:20 p.m. and ended at 7:15 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting 7:17 p.m. and asked if any action was necessary from Executive Session. No action was necessary. REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2008 Page 2 of 12 Agenda Item No. 3A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 3A1. Special presentation to Senator Jane Nelson. Mayor Wambsganss made a special presentation to Senator Nelson and thanked her for her service to Southlake. Agenda Item No 3A2 Recognize students from the Carroll ISD Class of 2008 who have been accepted to a military academy. Mayor Wambsganss recognized John Stanford who introduced LTC (Retired) Henmar R. Gabriel who called out the student's names who were accepted into military academies. Mayor Wambsganss presented a certificate of congratulations to: John DePinto and Lowell Stanford who are going to the United States Military Academy at West Point and Anne Kendzior and Andrew Mays who are going to the United States Naval Academy at Annapolis. Agenda Item No. 3A3. Proclamation for Building Safety Week. Mayor Wambsganss read the proclamation and presented it to Chief Building Official Ward, Plans Examiner Bloomberg and Plans Examiner Vandergrift. Agenda Item No. 3B. City Manager's Report. City Manager Yelverton reported on the City's new utility billing module. Agenda Item No. 3C. School District's Report. A report was not given. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the items into the record. Agenda Item No 4A Approve the minutes from the April 15, 2008, regular City Council meeting and the April 23, 2008, special City Council meeting. A presentation was not made on this item. Agenda Item No. 4B. This item was intentionally left blank. Agenda Item No. 4C. This item was intentionally left blank. Agenda Item No 4D Resolution No. 08-016 Authorize continued participation with the Steering Committee of Cities served by Oncor and authorize the payment of 10 cents per capita to the Steering Committee to fund regulatory and related activities related to Oncor Electric Delivery. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION AUTHORIZING CONTINUED PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR; AND AUTHORIZING THE PAYMENT OF 10 CENTS PER CAPITA TO THE STEERING COMMITTEE TO FUND REGULATORY AND RELATED ACTIVITIES RELATED TO ONCOR ELECTRIC DELIVERY. REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2008 Page 3 of 12 Agenda Item No. 4E. Award of bid to XTG Inc. in the amount of $104,533.95 for audio visual system upgrade for the City Council Chambers. A presentation was not made on this item. Agenda Item No 4F Approve a letter agreement with Republic Waste Services of Texas Ltd. amending the contract for residential and commercial refuse collection dated March 22, 2007. A presentation was not made on this item. Agenda Item No. 4G. Approve a revised residential developer agreement with Woodbury Development LLC for Woodbury Addition, a 9-lot subdivision located on the north side of West Continental Boulevard east of Davis Boulevard. A presentation was not made on this item. Agenda Item No. 4H. Ordinance No. 480-556 1St Reading, (ZA07-137), Zoning Change and Site Plan for Bosworth Offices located at 1900 East State Highway 114. Current Zoninq: B-1 Business District. Proposed Zoning: S-P-1 - Detailed Site Plan District. SPIN Neighborhood #6. A presentation was not made on this item. Agenda Item No. 41. Ordinance No. 480-557, 1St Reading, (ZA08-016), Zoning Change and Concept Plan for 2809 Ridgecrest Drive. Current Zoning: AG - Agricultural District. Proposed Zoning: SF-2 - Single Family Residential District. SPIN Neighborhood #15. A presentation was not made on this item. Agenda Item No. 4J. ZA08-012 Revised Preliminary Plat for Gateway Church located alonq State Highway 114, between North Carroll Avenue and North Kimball Avenue. Current Zoninq: NR-PUD - Non-Residential Planned Unit Development District. SPIN Neighborhood #6. A presentation was not made on this item. Agenda Item No. 4K. ZA08-014, Preliminary Plat for Winfield Estates located at 1107 and 1155 East Dove Street and 2210 North Carroll Avenue. Current Zoning: R-PUD - Residential Planned Unit Development District. SPIN Neighborhood #5. A presentation was not made on this item. Agenda Item No. 4L. ZA08-015, Plat Showing for Lots 3-6, W.W. Hall No. 687 Addition on property being legally described as Tract 3, W.W. Hall Survey, Abstract No. 687 and located at 310 East Southlake Boulevard. Current Zoning: S-P-1 - Detailed Site Plan District. SPIN Neighborhood #13. A presentation was not made on this item. Councilmember Jones stated he will abstain from voting on Item 4L since he has a financial interest in the property. He will complete a conflict of interest form and turn it into the City Secretary. Agenda Item No. 4M. ZA08-023, Plat Showing for Lots 1-4, T. Easter No. 458 Addition on property being legally described as Tracts 2E2, 2E5, 2E5C, 2E6, 2E913, and 2E14, Thomas Easter Survey, Abstract No. 458, and located at 2300 East State Highway 114. REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2008 Page 4 of 12 Current Zoninq: S-P-1 - Detailed Site Plan District. SPIN Neighborhood #6. A presentation was not made on this item. Agenda Item No. 4N. Resolution No. 08-014, Adopt a resolution to support CP80 and Federal adoption of the Internet Community Ports Act. City Manager Yelverton presented this item to Council during the work session. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TO SUPPORT FEDERAL ADOPTION OF THE INTERNET COMMUNITY PORTS ACT. Agenda Item No. 40. ZA07-123 Revised Site Plan for Chick-fil-A on property being legally described as Lot 4 Block 1, Perry/Allen Addition and located at 2301 East Southlake Boulevard. Current Zoning: C3 - General Commercial District. SPIN Neighborhood V. This item was withdrawn by the applicant. Agenda Item No. 4P. Ordinance No. 480-552, 1St Reading (ZA07-162), Zoning Change and Concept Plan for Lots 9-12, J. Childress No. 254 Addition on property being legally described as Tract 3D2, John Heirs Childress Survey, Abstract No. 254 and located at 3010 Lake Drive. Current Zoning: AG - Agricultural District. Requested Zoning: SF20B - Single Family Residential District. SPIN Neighborhood #3. This item was withdrawn by the applicant. Agenda Item No. 4Q. ZA07-163, Plat Showing for Lots 9-12, J. Childress No. 254 Addition on property being legally described as Tract 3D2, John Heirs Childress Survey, Abstract No. 254 and located at 3010 Lake Drive. Current Zoning: AG. SPIN #3. This item was withdrawn by the applicant. Agenda Item No. 4R. Resolution No. 07-056, CP07-005, 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. This item was tabled to the May 20, 2008, City Council meeting. Agenda Item No. 4S. Ordinance No. 480-RRR, 2nd Reading, Amendment to the Comprehensive Zoninq Ordinance No. 480, as amended, as it pertains to oil and gas drilling and production. This item was tabled to the May 20, 2008, City Council meeting. Agenda Item No. 4T. Ordinance No. 880-A, 2nd Reading, Amend Section 9.5, Article IV, of the Southlake City Code regarding oil and gas well drilling and production. This item was tabled to the May 20, 2008 City Council meeting. Agenda Item No. 7C. Ordinance No. 480-555, 1St Reading (ZA07-058), Zoning Change and Development Plan for East Haven Addition on property being legally described as Lots 7R 8R 20R and 21 R East Haven Addition and tracts 1A 2A 2A2 2A3 and 2131, Hollingsworth and Barnett Survey, Abstract No. 787 and located along Haven Circle (formerly known as East and West Perry Circle) and along the south side of the 900 REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2008 Page 5 of 12 block of East Continental Boulevard. Current Zoning: 11 - Light Industrial District and AG - Agricultural District. Requested Zoning: R-PUD - Residential Planned Unit Development District. SPIN Neighborhood #9e. The Mayor suggested that this item be remanded back to the Planning and Zoning Commission due to the number of significant changes to the plan since it was last considered by the Commission. He said there are almost half the number of lots being proposed now compared to the original plan and the Commission should review it first. The Council agreed to remand it back to the Commission. Motion was made to approve consent agenda items 4A; 4D; 4E; 4F; 4G; 4H subject to Site Plan Review Summary No. 5, dated April 21, 2008; 41; 4J subject to Revised Plat Review Summary No. 2, dated April 11, 2008; 4K subject to Plat Review Summary No. 2, dated April 11, 2008; 4L subject to Plat Review Summary No. 2, dated April 11, 2008; 4M subject to Staff Review Summary dated April 11, 2008; 4N; to withdraw item 40; to withdraw item 4P; to withdraw item 4Q; to table 4R to the May 20, 2008 City Council meeting; to table 4S to the May 20, 2008 City Council meeting; to table 4T to the May 20, 2008 City Council meeting; and to remand item 7C back to the Planning and Zoning Commission for review and recommendation to Council due to the number of significant changes to the plan since it was last considered by the Commission. Motion: Muzyka Second: Terrell Councilmember Jones stated he will abstain from voting on Item 4L since he has a financial interest in the property. He will complete a conflict of interest form and turn it into the City Secretary. Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Abstains: Jones Approved: 6-0-1 REGULAR AGENDA Agenda Item No. 5. Public Forum. No one spoke during the pubic forum. Agenda Item No. 6A. Ordinance No. 483-L, 2nd Reading, Miscellaneous amendments to the Subdivision Ordinance No. 483, as amended, including but not limited to minimum lot width standards and regulations pertaining to panhandle lots. Deputy Director Killough 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 OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE NO. 483, THE SUBDIVISION ORDINANCE, AS AMENDED; AS IT PERTAINS TO PANHANDLE LOTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2008 Page 6 of 12 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. 483-L, 2nd Reading, Miscellaneous amendments to the Subdivision Ordinance No. 483, as amended, including but not limited to minimum lot width standards and regulations pertaining to panhandle lots as presented. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6B. Ordinance No. 480-SSS, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to development regulations on properties within the City of Southlake which are not currently regulated by the City's Corridor Overlay Zone or Residential Adjacency Standards. Planner Comstock 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; PERTAINING TO DEVELOPMENT REGULATIONS ON PROPERTIES WITHIN THE CITY OF SOUTHLAKE WHICH ARE NOT CURRENTLY REGULATED BY THE CITY'S CORRIDOR OVERLAY ZONE OR RESIDENTIAL ADJACENCY STANDARDS; 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. Terry Wilkinson from Wyndham Properties spoke in favor of this item. Mayor Wambsganss closed the public hearing. Motion was made to approve Ordinance No. 480-SSS, 2"d Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to development regulations on properties within the City of Southlake which are not currently regulated by the City's Corridor Overlay Zone or Residential Adjacency Standards, as presented. Motion: Terrell Second: Morris REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2008 Page 7 of 12 Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss announced Council would consider item 7D next. Agenda Item No. 7D. Ordinance No. 480-558 1St Reading (ZA07-146), Zoning Change and Concept Plan for Harris Methodist Southlake on property being legally described as Lot 1 Block 1 Gorbutt Addition and located at 1545 East Southlake Boulevard. Current Zoning: S-P-2 - Generalized Site Plan District. Requested Zoning: S-P-2 - Generalized Site Plan District. SPIN Neighborhood #8. Director Killough presented this item to Council. Applicant John Hesler from HKS Architects answered Council's questions. Motion was made to approve Ordinance No. 480-558, 1St Reading (ZA07-146), Zoning Change and Concept Plan for Harris Methodist Southlake subject to Concept Plan Review Summary No. 4, dated April 11, 2008; subject to the recommendations of the Planning and Zoning Commission; and specifically allowing the front setback of no less than five feet for the Phase 2 medical office building and not requiring bufferyards along internal lot lines. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss announced he was going to recuse himself from agenda items 6C, 6D, 7A, and 7B. Mayor Wambsganss called for a break at 8:08 p.m. Mayor Wambsganss left the meeting during the break. Mayor Pro Tern Morris reconvened the meeting at 8:26 p.m. Mayor Pro Tern Morris announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with attorney. City Council adjourned for Executive Session at 8:27 p.m. Executive Session began at 8:32 p.m. and ended at 8:39 p.m. Mayor Pro Tern Morris reconvened the meeting at 8:39 p.m. Agenda Item No. 6C. Ordinance No. 480-550, 2"d Reading (ZA07-133), Zoning Change and Development Plan for Lake Forest on property being legally described as Tract 5, R.D. Price Survey, Abstract No. 1207 and located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural District. Requested Zoning R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3. Deputy Director Killough presented items 6C, 6D, 7A, and 7B simultaneously to Council. Applicant Marilyn Miles, 2725 South Road, Fort Worth, Texas asked Council to table items 6C and 6D to allow them to be heard simultaneously with the second readings of items 7A and 7B. Mayor Pro Tern REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2008 Page 8 of 12 Morris stated that since these items have been advertised as a public hearing, she would allow anyone who wishes to speak the opportunity to do so. Mayor Pro Tem Morris opened the public hearing. The following people spoke in opposition to this item: Mary O'Connor, 2965 Burney Lane, Southlake, Texas; Ward Flora, 880 Harbor Court, Southlake, Texas, Michelle Winn, 2950 Burney Lane, Southlake, Texas; Rob Johnson, 1110 Harbor Retreat, Southlake, Texas; Ray Chancellor, 890 Harbor Court, Southlake, Texas; and, Gale Farhat, 1060 Harbor Haven, Southlake, Texas. The following people did not wish to speak, but wanted to record their opposition: Billy C. and Jimmie Nell Cook, 895 Harbor Court, Southlake, Texas; Kollis and William Eastwood, 3530 Carmel Court, Southlake, Texas; Bobbie Fischbach, 2940 Burney Lane, Southlake, Texas; Diedra Flora, 880 Harbor Court, Southlake, Texas; Jimmy Fox, 2935 Burney Lane, Southlake, Texas; Jack Frericks, 2960 Burney Lane, Southlake, Texas; Jim Galis, 885 Harbor Court, Southlake, Texas; Terri Gillespie, 1105 Harbor Retreat, Southlake, Texas; John G. and Mariana Hammer, 1105 Harbor Haven, Southlake, Texas; Connie Hitchcock, 1110 Harbor Haven, Southlake, Texas; Jay Hortman, 3540 Carmel Court, Southlake, Texas; Allan C. Hultal, 1075 Harbor Haven, Southlake, Texas; Tina Johnson, 1110 Harbor Retreat, Southlake, Texas; Gloria and Ken Land, 2900 Burney Lane, Southlake, Texas; Debbie and Len Ledet, 870 Harbor Court, Southlake, Texas; Joan and Marc McGaffigan, 2885 Burney Lane, Southlake, Texas; Margie Parkhurst, 2108 Brockgate Drive, Southlake, Texas; Jeanenne Perritte, 2814 Tyler Street, Southlake, Texas; Carlotta Petersen, 1064 Harbor Retreat, Southlake, Texas; Sabbatis, 850 Harbor Court, Southlake, Texas; Sue Schultz, 2719 York Court, Southlake, Texas; Donald A. and Vickie Smith, 3030 Briar Lane, Southlake, Texas; Judith Y. Sauder and Terry L., 1090 Harbor Haven, Southlake, Texas; Kathy and Rod Stevenson, 1115 Harbor Retreat, Southlake, Texas; and, Georgia "Lynn" and Mike L. Warren, 900 Harbor Court, Southlake, Texas. Rose Fredricks, 2960 Burney Lane, Southlake, Texas, spoke in opposition. Council discussed this item. REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2008 Page 9 of 12 Ms. Miles answered Council's questions. Applicant Tom Mathews from Four Peaks Development, 9237 Frenchman's Way, Dallas, Texas, requested to table this item to May 20, 2008. He discussed this item and answered Council's questions. Gale Farhat, 1060 Harbor Haven, Southlake, Texas, addressed Council again and expressed her opposition to the plan. Ward Flora, 880 Harbor Court, Southlake, Texas, encouraged Council to vote tonight and not table this case again. He spoke in opposition to the plan. Tom Mathews asked Council again to table this item to May 20, 2008. He said he will not represent this case in the future if it comes back as seven lots. Michelle Winn, 2950 Burney Lane, Southlake, Texas, spoke in opposition again. Council discussed this item. Motion was made to table Ordinance No. 480-550, 2nd Reading (ZA07-133), Zoning Change and Development Plan for Lake Forest to the May 20, 2008 City Council meeting. Motion: Jones Second: Stansell Ayes: Jones, Muzyka, Stansell, Terrell Nays: Hill, Morris Approved: 4-2 (to table) Agenda Item No. 6D. ZA07-134, Preliminary Plat for Lots 1 - 8, Block 1, Lake Forest Addition on property being legally described as Tract 5, R.D. Price Survey, Abstract No. 1207 and located at 3185 Southlake Park Drive. Current Zoninq: AG Agricultural District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3. Deputy Director Killough presented items 6C, 6D, 7A, and 7B simultaneously to Council. Motion was made to table ZA07-134, Preliminary Plat for Lots 1 - 8, Block 1, Lake Forest Addition to the May 20, 2008 City Council meeting. Motion: Jones Second: Stansell Ayes: Jones, Muzyka, Stansell, Terrell Nays: Hill, Morris Approved: 4-2 (to table) Agenda Item No. 7A. Ordinance No. 480-559, 1St Reading (ZA08-017), Zoning Change and Development Plan for Statham/George Addition on property legally described as Tracts 7 and 7A, RD Price Survey, Abstract No. 1207 and Tract 2F2, J. Childress REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2008 Page 10 of 12 Survey Abstract No. 254, and located at 2980 Burney Lane. Current Zoning: SF-1A - Single Family Residential District. Requested Zoning: R-PUD - Residential Planned Unit Development District. SPIN Neighborhood #3. Deputy Director Killough presented items 6C, 6D, 7A, and 713 simultaneously to Council. Applicant Tom Mathews from Four Peaks Development, 9237 Frenchman's Way, Dallas, Texas presented this item to Council. Mayor Pro Tern Morris announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with attorney. City Council adjourned for Executive Session at 10:34 p.m. Executive Session began at 10:38 p.m. and ended at 10:49 p.m. Mayor Pro Tern Morris reconvened the regular meeting at 10:49 p.m. Council discussed this request. Mayor Pro Tern Morris allowed the public to speak. Patricia Burnett, 3510 Burney Lane, Southlake, Texas, discussed ingress/egress of her property. Ward Flora, 880 Harbor Court, Southlake, Texas, asked questions about the process. Ray Chancellor, 890 Harbor Court, Southlake, Texas, asked questions about the public road. Gale Farhat, 1060 Harbor Haven, Southlake, Texas, addressed her concerns on this issue. Motion was made to approve Ordinance No. 480-559, 1St Reading (ZA08-017), Zoning Change and Development Plan for Statham/George Addition with the stipulation that this is being approved to move the proposal along with strict understanding that Council will not approve anything less than full one acre lots subject to Revised Development Plan Review Summary No. 1, dated April 17, 2008; stating this item will be considered in conjunction with Items 6C and 6D; and stating there will be resolution on access for all the people in this area and there will be a clear resolution on where the property lines will be drawn. Motion: Stansell Second: Terrell Ayes: Jones, Muzyka, Stansell, Terrell Nays: Hill, Morris Approved: 4-2 Agenda Item No. 7B. Ordinance No. 480-560, 1St Reading (ZA08-018), Zoning Change and Development Plan for Housmans/Harbor Oaks Addition on property legally described as Lot 10, Block 2, Harbor Oaks and located at 2970 Burney Lane. Current REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2008 Page 11 of 12 Zoning: SF-1A - Single Family Residential District. Requested Zoning: R-PUD - Residential Planned Unit Development District. SPIN Neighborhood #3. Deputy Director Killough presented items 6C, 6D, 7A, and 7B simultaneously to Council. Applicant Tom Mathews presented this item to Council. Motion was made to approve Ordinance No. 480-560, 1St Reading (ZA08-018), Zoning Change and Development Plan for Housmans/Harbor Oaks Addition subject to the same stipulations as listed in item 7A. Motion: Stansell Second: Jones Ayes: Jones, Muzyka, Stansell, Terrell Nays: Hill, Morris Approved: 4-2 Agenda Item No. 11. Meeting adjourned. Mayor Pro Tern Morris adjourned the meeting at 11:10 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor g,,~lW}Hfff/fffl ATTEST: ~,.~~ov ®•d°°e°.•° CL. % N_ • Lori Payne, TR a City Secretary ®•O•esoo•o REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2008 Page 12 of 12 v V c. v /V /6~7 S A-<, ' CONFLICT OF INTERE_ ST/AFFIDAVIT THE STATE OF TEXAS § OUNTY OF TARRANT § I, Aoak) as a member of the elv~el (~;IAb C, of the City of Southlake, make this affidavit and hereby on oath state the following: I, my s ouse, and/or a person or persons related to me within the first degree of consanguinity or affinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and/or City of Southlake Ordinance No. 635 and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: lQ /-7,- , 7z~ 4- 7z COMPLETE (A) or (B): (A) -The bushiesrtntiPf-is (name); ,oar " (B) The real property is located at: r S 137 , KI,S16_P(J, I have a substantial interest because I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above-referenced agenda item: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500. V Other: )5j LG XaS~ 14d!5ZIC IM1770Al ~S c J'L Upon filing ty, of this affidavit with the Ci ' SecretarY, I affirm that I will abstain from voting on any decision and from any further participation by discussion or debate regarding the above-referenced agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in question is being addressed or as soon as~ practicable once I realized a p ential conflict exists. Signed this 47C day of {"'c 20 Signature of Official ie State of Texas § County of Tarrant § 1 Before me, or t Pz - on this day personally appeared ~n G W, "A kno n tolme (or proved to me on the oath of or through (desc ' ion of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and, after first being by me duly sworn, stated that the statements made in this affidavit are within his personal knowledge and are true and correct. +IA p Given under my hand and seal of office this -62~: day of f044-4 (SEAL) Notary Public in an' or the State of Texas CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § 'OUNTY OF ARRANT § I, dU~ as a member of the &V6)AJ6 U of the City of Southlake, make this affidavit and hereby on oath state the following: I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and/or City of Southlake Ordinance No. 635 and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: Z_ COMPLETE (A) or (B): (A) The business entity is (name); or (B) The real property is located at: /U E; I have a substantial interest because I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above-referenced agenda item: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market.value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500. Other: Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision and from any further participation by discussion or debate regarding the above-referenced agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in question is being addressed or as soon as practicable once I realized a potential conflict exists. Signed this (!~L day of OA)4::~J , NOt Sign tur of fficia le State of Texas § County of Tarrant § Before me, Lo r.' loa t4 on this day personally appeared C-nn&oac U e 5 know to me (or proved to me on the oath of or through e•-~ (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and, after first being by me duly sworn, stated that the statements made in this affidavit are within his personal knowledge and are true and correct. Aay Given under my hand and seal of office this of (SEAL) w(2a1 PAY, ! 000015 ~n 1PRV PGtc Notary Public in and Or the State of Texas of z~ rece r vQck- ~ Cviceo f:716r-a, art Tte 5--& -Og ~'vurtu" I rn~eP-f~~ i McPherson's Septic Installation and Excavation-_~ OPERATION TIPS The aerobic wastewater treatment system has been designed to operate with a minimum of service on the partof the owner. However, as with any major appliance, there is a certain amount of care that should be taken in order to assure a long trouble free life. The aerobic wastewater system is a sewage treatment plant, which works the same as large plants servicing municipalities and other large communities. The aerobic system uses aerobic bacteria digestion to process most of the organic solids. Detereents: The normal amount of detergent foam from automatic dishwashers or clothes washers will not normally affect the plant. Excessive use of any detergent (especially high foaming, high phosphorus and non-biodegradable detergents) is not recommended, as it will have a detrimental effect on the treatment process. Any high concentration of household cleaning chemicals should not be discharged into the treatment plant. Only biodegradable Droduc a should be used Fibrous Material: Such material as diapers, hair, bandages, sanitary napkins, tampons, rags, string, latex, rubber, or plastic must never be disposed of through the system. To keep maintenance at a minimum, the following items should never be permitted to enter the system: coffee grounds, chlorine bleach, cigarette butts, discharge from water softener, disinfectants, diapers, harsh chemicals, metallic objects, mud, oil, or greases, paint, paint thinner, paper towels, plastics, sanitary napkins, sticks, rubber or latex products. Nothing but biodegradable material should go into the unit: IF YOU Q''T EAT IT OR IT HASN'T BEEN EATEN. DO NOT PUT IT THROUGH THE SYSTEM. Chlorine cost and installation is the homeowner's responsibility. Chlorine tablets may be purchased at Longhorn Inc. in Denton at 1220 Shady Oaks, 940-381-5063. We also recommend that a packet or tablet of yeast be flushed once a month into the system. The maintenance charges do not include pumping of septic tanks if needed. Spread your laundry out throughout the week instead of on a certain day as not to overload the system. ""Absolutely do not place playground equipment, children's play area or food gardens in spray area.