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2008-05-20 Regular CC MeetingCITY OF SOUTHLAKE rcxns REGULAR CITY COUNCIL MEETING: MAY 20.2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: Margy Gore, Chaplain of the Month 3. SYAC Annual Report 4. Briefing and discussion on Southlake Trolley program 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 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 Citv Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. Section 551.071: Consultation with attorney a. 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. Proclamation to the Carroll Senior High Lady Dragon Soccer Team B. City Manager's Report City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 20, 2008 Page 2 of 7 C. School District's Report D. Financial 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 May 6, 2008, regular City Council meeting. B. Resolution No. 08-017, Canvass the returns and declare the results of the General and Special Elections held on May 10, 2008. C. Resolution No. 08-018, Call a Runoff Election for City Councilmember Place 6, for June 14, 2008 and extend the contract for election services with the Tarrant County Elections Administrator. D. This item was intentionally left blank. E. Resolution No. 08-015, Authorize the acquisition of clean fleet vehicles. F. Approve park naming of Bob Jones Nature Center and Preserve. G. Resolution No. 08-020, Appoint members to the SPIN Standing Committee. H. Approve a mutual aid fire protection and emergency medical services agreement between the cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, North Richland Hills, Richland Hills, Roanoke, Southlake, Trophy Club, Watauga, and Westlake. REGULAR AGENDA: 5. Public Forum. 6. Ordinances, second readings, public hearings, and related items: A. 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. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 20, 2008 Page 3 of 7 B. 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. PUBLIC HEARING C. 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. PUBLIC HEARING D. Ordinance No. 480-558, 2nd 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. PUBLIC HEARING E. ZA06-171, Plat Revision for Lots 1R1, 1 R2, and 1R3, Block 1, Gorbutt Addition, being a replat of property currently described as Lot 1 R, Block 1, Gorbutt Addition and located at 1545 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. F. 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 G. 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. H. Ordinance No. 480-559, 2nd Reading (ZA08-017), Zoning Change and Development Plan for Statham/George Addition on property legally described as Tracts 7 and 7A, R.D. 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. PUBLIC HEARING I. Ordinance No. 480-560, 2nd 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 20, 2008 Page 4of7 Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3. PUBLIC HEARING 7 8. 9 J. ZA08-019, Preliminary Plat for Statham/George Addition on property being legally described as Tracts 7 and 7A, R.D. Price Survey, Abstract No. 1207 and Tract 2F2, J. Childress Survey, Abstract No. 254 and being located at 2980 Burney Lane. Current Zoning: SF-1A Single Family Residential District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3. K. Ordinance No. 480-556, 2nd 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. PUBLIC HEARING L. ZA08-001, Plat Revision for Lots 2R1-2R4, Brewer Industrial Addition, being a replat of property currently described as Lot 2R, Brewer Industrial Addition; located at 1900 East State Highway 114. Current Zoning: B-1 Business Service Park District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #6. M. Ordinance No. 480-557, 2nd Reading, (ZA08-016), Zoning Change and Concept Plan for 2809 Ridgecrest Drive. Current Zoning: AG Agricultural District. Requested Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #15. PUBLIC HEARING N. ZA07-167, Site Plan for Xaris Office Development on property located at the northwest corner of East State Highway 114 and North Carroll Avenue being 1050 East State Highway 114. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #6. PUBLIC HEARING Ordinances, first readings, and related items: A. Ordinance No. 480-561, 1St Reading (ZA07-135), Zoning Change and Site Plan for Northeast Baptist Church on property being legally described as Tract 6F02, J.G. Allen Survey, Abstract No. 18 and Lot 11 J.G. Allen, No. 18 Addition; located at 1000 Davis Boulevard and 2785 Union Church Road. Current Zoning: AG Agricultural District and SF-1A Single Family Residential District. Requested Zoning: CS Community Service District. SPIN Neighborhood #15. (If approved at 1St Reading, the public hearing will be held June 3, 2008.) Resolutions: (There are no items on this agenda.) Other items for consideration: City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 20, 2008 Page 5 of 7 A. Consider SP08-080, Variance to Sign Ordinance No. 704-C for Providence Bank of Texas located at 325 East Southlake Boulevard, for a sign to be located at 315 East Southlake Boulevard. 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 16, 2008, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Lori Payne, TR City Secretary .••%"p~1T T,1 ~c If you plan to attend this',pyb"~i~WVng 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 20, 2008 Page 6 of 7 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 20, 2008 Page 7 of 7 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; 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 emergency 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 CITY Or SOUTHLAKE U TEXAS REGULAR CITY COUNCIL MEETING MINUTES: MAY 20, 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 (arrived at 5:32 p.m.), and John Terrell (arrived at 6:15 p.m.). CITY COUNCIL ABSENT: Councilmember Vernon Stansell. 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 Orlowski, Manager of Information Systems Gary Gregg, Interim Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Community Services Coordinator Crystal Shafer, Recreation Specialist Perry Glaze, Director of Economic Development Greg Last, Economic Development Specialist Ashley Stathatos, Director of Finance Sharen Jackson, Deputy Director of Finance Sean Leonard, Purchasing Manager Tim Slifka, Chief of Fire Services Robert Finn, Fire Marshal David Barnes, Police Captain Rusty Daniels, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Planner II Clayton Comstock, Planner I Jonathan Picha, Director of Public Works Robert H. Price, Civil Engineer Cheryl Taylor, City Attorney Tim Sralla, 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 5:06 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Margy Gore, gave the invocation. Mayor Wambsganss led the pledge of allegiance. Aaenda Item No. 3. Southlake Youth Action Commission (SYAC) Annual Report. SYAC Chair Sara Seaton presented the report to Council. Mayor Wambsganss announced Council would go over the items on the agenda and then discuss the trolley program. Agenda Item No. 5. Discuss all items on tonight's meeting agenda. City Council reviewed the agenda items with city staff. REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008 Page 1 of 13 Agenda Item No. 4. Briefing and discussion on Southlake Trolley program. Director Last presented this item to Council and answered their questions. Gretchen Lloyd with Coach America answered Council's questions. Council discussed this item. They agreed to discuss this issue again at the June Retreat. Mayor Wambsganss closed the work session at 5:59 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:59 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, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:59 p.m. Executive Session began at 6:25 p.m. and ended at 7:05 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:11 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. W. Proclamation to the Carroll Senior High Lady Dragon Soccer Team. Mayor Wambsganss presented the proclamation to Coach Matt Colvin and the soccer team for winning the State championship. Councilmember Terrell read a message from Councilmember Stansell congratulating the team. Agenda Item No. 3B. City Manager's Report. A report was not given. Agenda Item No. 3C. School District's Report. A report was not given. Agenda Item No. 3D. Financial 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. The Mayor read the items into the record. Agenda Item No. 4A. Approve the minutes from the May 6, 2008, regular City Council meeting. A presentation was not made on this item. Agenda Item No. 4B. Resolution No. 08-017, Canvass the returns and declare the results of the General and Special Elections held on May 10, 2008. 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: REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008 Page 2 of 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CANVASSING THE GENERAL AND SPECIAL ELECTIONS HELD ON MAY 10, 2008; DECLARING THE RESULTS OF GENERAL AND SPECIAL ELECTIONS; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss read the entire resolution into the record. Agenda Item No. 4C. Resolution No. 08-018, Call a Runoff Election for City Councilmember Place 6, for June 14, 2008 and extend the contract for election services with the Tarrant County Elections Administrator. 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 OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A RUNOFF ELECTION TO BE HELD ON JUNE 14, 2008 FOR THE OFFICE OF CITY COUNCILMEMBER, PLACE 6; AND ESTABLISHING PROCEDURES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4D. This item was intentionally left blank. Agenda Item No. 4E. Resolution No. 08-015, Authorize the acquisition of clean fleet vehicles. 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 THE CITY OF SOUTHLAKE TO ACQUIRE CLEAN FLEET VEHICLES TO THE EXTENT FINANCIALLY PRACTICAL UNDER ANNUAL BUDGETARY CONSTRAINTS; TO FOCUS ON ACQUIRING HYBRID VEHICLES WHENEVER POSSIBLE; AND TO OPERATE CITY VEHICLES IN AN ENVIRONMENTALLY CONSCIOUS MANNER; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4F. Approve park naming of Bob Jones Nature Center and Preserve. A presentation was not made on this item. Agenda Item No. 4G. Resolution No. 08-020, Appoint members to the SPIN Standinq Committee. A presentation was not made on this item. Gail Groeniger was appointed to SPIN #1 with a term ending December 31, 2009. Brandon Becicka was appointed to SPIN #2 with a term ending December 31, 2009. David Alexander was appointed to SPIN #3 with a term ending December 31, 2009. Ron Evans was appointed to SPIN #14 with a term ending December 31, 2008. Dave Bruce was appointed to SPIN #16 with a term ending December 31, 2008. Norma King was appointed to the youth position with a term ending December 31, 2008. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008 Page 3 of 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE APPOINTMENT OF NEIGHBORHOOD REPRESENTATIVES TO THE STANDING COMMITTEE OF THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4H. Approve a mutual aid fire protection and emergency medical services agreement between the cities of Bedford, Collevville, Euless, Grapevine, Haltom City, Hurst, Keller, North Richland Hills, Richland Hills, Roanoke, Southlake, Trophy Club, Watauga, and Westlake. A presentation was not made on this item. Agenda Item No. 6H. Ordinance No. 480-559, 2nd Reading (ZA08-017), Zoning Change and Development Plan for Statham/George Addition on property legally described as Tracts 7 and 7A, R.D. 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. The applicant requested to withdraw this item. Agenda Item No. 61. Ordinance No. 480-560, 2nd Readinq (ZA08-018), Zoninq 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. The applicant requested to withdraw this item. Agenda Item No. 6J. ZA08-019, Preliminary Plat for Statham/George Addition on property being legally described as Tracts 7 and 7A, R.D. Price Survey, Abstract No. 1207 and Tract 2F2, J. Childress Survey, Abstract No. 254 and being located at 2980 Burney Lane. Current Zoning: SF-1A Single Family Residential District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3. The applicant requested to withdraw this item. Agenda Item No. 6N. ZA07-167, Site Plan for Xaris Office Development on propert y located at the northwest corner of East State Highway 114 and North Carroll Avenue beinq 1050 East State Highway 114. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #6. This item was tabled to the June 3, 2008, City Council meeting and the public hearing continued to that date. Agenda Item No. 7A. Ordinance No. 480-561. 1St Reading (ZA07-135), Zoning Change and Site Plan for Northeast Baptist Church on property being legally described as Tract 6F02, J.G. Allen Survey, Abstract No. 18 and Lot 11 J.G. Allen, No. 18 Addition: located at 1000 Davis Boulevard and 2785 Union Church Road. Current Zoning: AG Agricultural District and SF-1A Single Family Residential District. Requested Zoning: CS Community Service District. SPIN Neighborhood #15. Planner Comstock presented this item to REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008 Page 4 of 13 Council during the work session. Applicant Skip Blake from Blake Architects made a presentation and answered Council's questions. Agenda Item No. 9A. Consider SP08-080, Variance to Sign Ordinance No. 704-C for Providence Bank of Texas located at 325 East Southlake Boulevard, for a sign to be located at 315 East Southlake Boulevard. Planner Comstock presented this item during the work session. Applicant Dirk Davis from Providence Bank answered Council's questions. Motion was made to approve consent agenda items 4A; 413; 4C; 4E; 4F; 4G to appoint the following: Gail Groeniger to SPIN #1 with a term ending December 31, 2009; Brandon Becicka to SPIN #2 with a term ending December 31, 2009; David Alexander to SPIN #3 with a term ending December 31, 2009; Ron Evans to SPIN #14 with a term ending December 31, 2008; Dave Bruce to SPIN #16 with a term ending December 31, 2008; and Norma King to the youth position with a term ending December 31, 2008; 41-1; to withdraw items 6H, 61, and 6J as requested by the applicant; to table item 6N to the June 3, 2008 City Council meeting and to continue the public hearing to that date; 7A granting the 10% reduction in required parking, granting the bufferyard variance along Davis Boulevard, granting the requested variance to the horizontal and vertical articulation, granting the variance to the full installation of Trail Segment 29 along Union Church Boulevard noting the only portion of the segment not having to be constructed would be the actual bridge segment but the applicant has agreed to bring back other options to possibly connect the two portions of the sidewalk, providing the applicant the opportunity to complete the installation of Trail Segment 30-S through the floodplain within two years of approval, granting a waiver to the 50 foot height limitation of architectural elements noting the church spire is proposed at 64 feet, noting the applicant's agreement to discuss parking access with the daycare center prior to second reading, and subject to Revised Site Plan Review Summary No. 4, dated May 14, 2008; and 9A noting the approval as presented with the limitation that the sign must be removed or must be the only sign to service the lot to the west of the current Providence Bank location. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA Agenda Item No. 5. Public Forum. No one spoke during the pubic forum. Agenda Item No. 6A. 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. Director Baker presented this item in conjunction with items 6B and 6C. Council discussed the oil and gas items REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008 Page 5 of 13 and suggested changes. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION TO AMEND 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. Mayor Wambsganss opened the public hearing for items 6A, 6B and 6C. Cherian Abraham, 804 Saxon Trail, Southlake, Texas, spoke in opposition and offered suggested changes. Chip Reid, 715 Greymoor Place, Southlake, Texas, spoke in support. Zoe Courtney, 912 Raven Court, Southlake, Texas, commented on the proposed items. David Bruce, 1408 Wedgewood Court, Southlake, Texas, spoke in support and offered suggested changes. Tommy Pennington, 806 Saxon Trail, Southlake, Texas, commented on the proposed items. Gary Nesbitt, 2406 Emerald Circle, Southlake, Texas, spoke in support and offered suggested changes. Dale Crane, 1469 Sunshine Lane, Southlake, Texas, offered suggested changes. Joe Wright, 1640 South Brumlow, Southlake, Texas, offered suggested changes. Keith Houser, 1219 Whispering Lane, Southlake, Texas, offered suggested changes. Mayor Wambsganss closed the public hearing. Council continued their discussion of these items. Motion was made to approve 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 as presented subject to the city attorney's non-substantive and grammatical punctuation and organizational structural changes to the resolution that might occur. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Aaenda Item No. 6B. Ordinance No. 480-RRR. 2nd Readina. Amendment to the Comprehensive Zonina Ordinance No. 480. as amended. as it pertains to oil and aas drilling and production. Director Baker presented this item in conjunction with items 6A and 6C 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; REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008 Page 6 of 13 REVISING SECTION 45 "SPECIFIC USE PERMITS" REGARDING OIL & GAS DRILLING AND OPERATIONS; 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 combined the public hearings for items 6A, 6B and 6C. Motion was made to approve 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 as presented subject to the city attorney's non-substantive and grammatical punctuation and organizational structural changes to the ordinance that might occur. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6C. 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. Director Baker presented this item in conjunction with items 6A and 6B. 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, TEXAS ("CITY"), AMENDING ARTICLE IV "GAS AND OIL WELL DRILLING AND PRODUCTION" OF CHAPTER 9.5 OF THE SOUTHLAKE CITY CODE, REGULATING THE DRILLING AND PRODUCTION OF GAS AND OIL WELLS WITHIN THE CITY, TO PROVIDE REVISED REGULATIONS REGARDING DISTANCE, NOISE AND TECHNICAL PROVISIONS; ADOPTING COMPREHENSIVE PIPELINE REGULATIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. Mayor Wambsganss combined the public hearings for items 6A, 6B and 6C. Motion was made to approve 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 subject to the changes suggested by the city attorney earlier and subject to the city attorney's non-substantive and grammatical punctuation and organizational structural changes to the ordinance that might occur; and noting the facility evacuation plan is to be developed in conjunction with the institutional uses' (schools and hospitals only) administration for any of the affected properties and amending the 1,000' foot distance REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008 Page 7 of 13 requirement to be from the institutional uses' (schools and hospitals only) property line on any property that contains a facility that is occupied. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Mayor Wambsganss called for a break at 8:47 p.m. and reconvened the meeting at 9:05 p.m. Agenda Item No. 6D. Ordinance No. 480-558, 2nd 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. Deputy Director Killough presented this item to Council in conjunction with item 6E. 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 LOT 1R, BLOCK 1, GORBUTT ADDITION, BEING APPROXIMATELY 12.6339 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND INCLUDING THE USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT STAY BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED RETAIL, SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, TO "S-P-2" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND INCLUDING THE USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT STAY BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED RETAIL, SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, 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. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008 Page 8 of 13 Motion was made to approve Ordinance No. 480-558, 2nd Reading (ZA07-146), Zoning Change and Concept Plan for Harris Methodist Southlake subject to notation of the expanded distance of 59 feet for the preservation area and subject to Concept Plan Review Summary No. 4, dated April 11, 2008. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Aaenda Item No. 6E. ZA06-171. Plat Revision for Lots 1R1. 1R2. and 1 R3, Block 1 Gorbutt Addition, being a replat of property currently described as Lot J R, Block 1, Gorbutt Addition and located at 1545 East Southlake Boulevard. Current Zonina: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. Deputy Director Killough presented this item to Council in conjunction with item 6D. Motion was made to approve ZA06-171, Plat Revision for Lots 1R1, 1R2, and 1R3, Block 1, Gorbutt Addition, being a replat of property currently described as Lot 1R, Block 1, Gorbutt Addition and located at 1545 East Southlake Boulevard subject to Plat Review Summary No. 4, dated April 11, 2008. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Mayor Wambsganss recused himself from items 6F and 6G and left the Council Chambers. Mayor Pro Tern Morris chaired the meeting for the next two items. Aaenda Item No. 6F. Ordinance No. 480-550. 2nd Readina (ZA07-133). Zonina Chanae 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 Zonina: AG Aaricultural District. Reauested Zonina: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3. Director Baker presented this item to Council in conjunction with item 6G. Applicant Marilyn Miles of Cedar Hill, Texas, made a statement and answered Council's questions. Council discussed this item with the applicant. Mayor Pro Tern Morris opened the public hearing and read comments cards from those who did not wish to speak but wanted to record their opposition: Ray Chancellor, 890 Harbor Court, Southlake, Texas; Gale Farhat, 1060 Harbor Haven, Southlake, Texas; Diedra and Ward Flora, 880 Harbor Court, Southlake, Texas; Betty, Jack and Rose Fredricks, 2960 Burney Lane, Southlake, Texas; REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008 Page 9 of 13 Jamie and Jim Galis, 885 Harbor Court, Southlake, Texas; John and Mariana Hammer, 1105 Harbor Haven, Southlake, Texas; Gloria and Ken Land, 2900 Burney Lane, Southlake, Texas; John Monrad, 2905 Burney Lane, Southlake, Texas; Marty and Mary O'Conner, 2965 Burney Lane, Southlake, Texas; Alethea and Hans Schroen, 2895 Burney Lane, Southlake, Texas; and, John Wilson, 2930 Burney Lane, Southlake, Texas. Council discussed this item. Mayor Pro Tern Morris closed the public hearing. Motion was made to deny Ordinance No. 480-550, 2nd Reading (ZA07-133), Zoning Change and Development Plan for Lake Forest without prejudice. Motion: Jones Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Terrell Nays: None Vote: 5-0 (to deny) Aaenda Item No. 6G. ZA07-134. Preliminarv 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 Zonina: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3. Director Baker presented this item to Council in conjunction with item 6F. Applicant Marilyn Miles made a statement and answered Council's questions in conjunction with item 6F. Motion was made to deny 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 without prejudice. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell Nays: None Vote: 5-0 (to deny) Mayor Pro Tern Morris called for a break at 9:32 p.m. and Mayor Wambsganss rejoined the meeting and reconvened at 9:40 p.m. Aaenda Item No. 6K. Ordinance No. 480-556. 2nd Readina. (ZA07-137). Zonina Chanae and Site Plan for Bosworth Offices located at 1900 East State Highway 114. Current Zonina: B-1 Business District. Proposed Zonina: S-P-1 Detailed Site Plan District. SPIN Neighborhood #6. Deputy Director Killough presented this item in conjunction with item 6L. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008 Page 10 of 13 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 7 AND 7A, SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 1207 AND TRACT 2F2 SITUATED IN THE J. CHILDRESS SURVEY, ABSTRACT NO. 254, AND BEING APPROXIMATELY 3 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE DEVELOPMENT 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. No one spoke during the public hearing. Council discussed this item. Motion was made to approve Ordinance No. 480-556, 2nd Reading, (ZA07-137), Zoning Change and Site Plan for Bosworth Offices specifically granting the requested variances regarding driveway stacking and street frontage and subject to Site Plan Review Summary No. 5, dated April 21, 2008. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6L. ZA08-001, Plat Revision for Lots 2R1-2R4, Brewer Industrial Addition, being a replat of property currently described as Lot 2R, Brewer Industrial Addition: located at 1900 East State Highway 114. Current Zoning: B-1 Business Service Park District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #6. Deputy Director Killough presented this item in conjunction with item 6M. Motion was made to approve ZA08-001, Plat Revision for Lots 2R1-2R4, Brewer Industrial Addition, being a replat of property currently described as Lot 2R, Brewer Industrial Addition; located at 1900 East State Highway 114 specifically granting the REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008 Page 11 of 13 requested variance regarding street frontage and subject to Plat Review Summary No. 3, dated April 9, 2008. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6M. Ordinance No. 480-557, 2nd Reading, (ZA08-016), Zoning Chance and Concept Plan for 2809 Ridgecrest Drive. Current Zoning: AG Agricultural District. Requested Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #15. 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 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 1 C1 G, H, JOEL CHIVERS SURVEY, ABSTRACT NO. 350, BEING APPROXIMATELY 2.62 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-2" 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. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-557, 2nd Reading, (ZA08-016), Zoning Change and Concept Plan for 2809 Ridgecrest Drive incorporating the staff report as presented. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 9:52 p.m. REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008 Page 12 of 13 *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy ~Wamb~sgan~ss~~~ Mayor ATTEST: 9~a:~:laab;l: db~ Lori Payne, TRM City Secretary cn //11111/1111, REGULAR CITY COUNCIL MEETING MINUTES, MAY 20, 2008 Page 13 of 13 CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OF TARRANT § I, t4la d~ member of the 677/(~~t'~of the City of Southlake, make this affidavit and hereby on oat state the following: I, my spou , 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: Cp - [O COMPLETE (A) or (B): (A) The business entity is (name); or (B) The real property is located at: ~ 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 $2,500. v Other: r5_12 "r v60 Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision and from any further participation by discussion or debate regarding the above-referenced agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in question is being addressed or as soon as practicable once I realized a potential conflict exists. Signed this _Z$oy of , 20 ele r C Signature of Officia The State of Texas County of Tarrant Bef re me, L r I P6 W-- on this day personally appeared A lk)a44 - L5 GI a r1Ss kno n to me (or proved to me on the oath of or through (des ption 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. 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