Loading...
2011-09-06 Regular CC Meeting V.._ -! CITY OF I ! SOUTHL L LAKE K) TEXAS REGULAR CITY COUNCIL MEETING: September 6, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order. 2. Invocation: Chris Hatchett, Chaplain of the Month. 3. Honor Guard Flag Ceremony honoring September 11 fallen heroes 4. Ordinance 880 -B - Revisions to Chapter 9.5 of the City of Southlake's City Code Article IV - Gas and Oil Well Drilling and Production (This item will include a public comment portion where the public will be invited to speak on proposed ordinance revisions. This item will not begin prior to 7:00 p.m.) 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: 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 subiect matter of this City Council meeting. 1. Section 551.071: Consultation with attorney a. Seek the advice of the city attorney regarding gas drilling and production and gas utility companies. b. Seek the advice of the city attorney regarding pending XTO and Energy Transfer Specific Use Permit, Gas Well Permit and Pipeline Permit applications. c. Seek the advice of the city attorney regarding boards and commissions. 2. Section 551.072: Deliberation regarding real property City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 6, 2011 Page 2 of 7 a. Discuss the potential purchase or lease of real property for city facilities and projects. 3. Section 551.074: Deliberation regarding personnel matters a. Deliberate the appointments of city board and commission members. 4. 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. Update of upcoming meetings and events. B. City Manager's Report 1. Southlake Arts Council written 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 minutes from the August 1, 2011 Joint City Council, Southlake Parks Development Corporation, and Parks and Recreation Board meeting and the August 16, 2011 City Council meeting. B. Approve a sidewalk construction escrow agreement in the amount of $5,187.25 with Paula Vining of 1810 Sunshine Lane. C. Approve the purchase of right of way and easements for Kimball Avenue improvements from property at 2199 East Dove Road in the amount of $240,000. D. Approve a two -year contract extension with TXU Energy for a fixed rate agreement to provide the City with electricity. E. Ordinance No. 544 -B, 1 Reading, amending Ordinance No. 544 -A, the City of Southlake's Landscape Ordinance. (If approved on first reading, a public hearing for this item will be held on September 20, 2011.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 6, 2011 Page 3 of 7 F. Consider SV11 -014, Variance to the Shops of Southlake Conditional Sign Permit for Patina Floor Design Store located at 1251 East Southlake Boulevard, Suite 315. G. Ordinance No. 1012, 1st Reading, F.M. 1709/F.M. 1938 Corridor Sector Plan, an element of the Southlake 2030 Land Use Plan. (If approved on first reading, the public hearing for this item will be held on September 20, 2011.) H. Approve Fund Balance Policy amendment. I. Ordinance No. 480 -605 (ZA10 -067), 1st Reading, Zoning Change and Site Plan for Watermere Medical Plaza on property described as Lot 1, Block 1, Slayton Addition, Southlake, Tarrant County, Texas and being located at 2813 West Southlake Boulevard, Southlake, Texas. Current Zoning: SF-1A — Single Family Residential District. Requested Zoning: 01 — Office District. SPIN Neighborhood #11. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE SEPTEMBER 20, 2011 CITY COUNCIL MEETING. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m. This is the public's opportunity to address the City Council about non - agenda items. During this proceeding, the City Council will not discuss, consider or take action on any item presented. We respectfully ask that anyone stepping forward to speak during Public Forum to please limit remarks to three minutes or less.) 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -497a (ZA11 -025), 2nd Reading, Zoning Change and Site Plan for Kimball Crossing on property described as Lots 1 and 2, Block 1, Ethan Allen 1709 Addition, Southlake, Tarrant County, Texas and a portion of Tract 1 B2, John A. Freeman Survey, Abstract No. 529 and being located at 2171, 2175 and 2185 East Southlake Boulevard, Southlake, Texas. Current Zoning: S -P -1 - Detailed Site Plan District and B1 - Business Service Park District. Requested Zoning: S -P -1 — Detailed Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING B. ZA11 -026, Plat Revision for Lot 1, Block 1, Kimball Crossing being a revision of property described as Lots 1 and 2, Block 1, Ethan Allen 1709 Addition, Southlake, Tarrant County, Texas and a portion of Tract 1 B2, John A. Freeman Survey, Abstract No. 529 and being located at 2175 and 2185 East Southlake Boulevard, Southlake, Texas. Current Zoning: S -P -1 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 6, 2011 Page 4 of 7 - Detailed Site Plan District and B1 - Business Service Park District. Proposed Zoning: S -P -1 - Detailed Site Plan District. SPIN Neighborhood #8. C. Resolution 11 -039 (ZA11 -036), Specific Use Permit for a Mass Gathering for Gateway Church Fall Festival on property described as Lot 1, Block 1, Gateway Church -114 Campus, Southlake, Tarrant County, Texas and being located at 700 Blessed Way, Southlake, Texas. Current Zoning: NR- PUD - Non - Residential Planned Unit Development. SPIN Neighborhood #4. PUBLIC HEARING D. Ordinance No. 1009, 2nd Reading, Carroll /1709 Small Area Plan, a component of the Southlake 2030 Land Use Plan. PUBLIC HEARING E. Ordinance No. 1010, 2nd Reading, Crooked /Kimball Small Area Plan, a component of the Southlake 2030 Land Use Plan. PUBLIC HEARING F. Ordinance No. 1011, 2nd Reading, Approving a negotiated resolution between the Atmos Cities Steering Committee ( "ACSC" or "Steering Committee ") and Atmos Energy Corp., Mid -Tex Division ( "Atmos MID - TEX" or "company ") regarding the company's fourth annual rate review mechanism ( "RRM ") filing in all cities exercising original jurisdiction; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rates to be set by the attached tariffs to be just and reasonable; requiring the company to reimburse cities' reasonable ratemaking expenses; repealing conflicting resolutions or ordinances; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery of this ordinance to the company and the steering committee's legal counsel. PUBLIC HEARING G. Ordinance No. 1013, 2nd Reading, An ordinance amending Chapter 2, Article X, Section 2 -421 of the City of Southlake Code to provide the Director of Planning and Development Services or his or her designees with the power to issue citations for violation of the city code. PUBLIC HEARING H. Adopt the Fiscal Year 2012 Crime Control and Prevention District Operating Budget and Multi -Year Capital Improvements Plan. PUBLIC HEARING 7. Ordinances, first readings, and related items: City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 6, 2011 Page5of7 A. Ordinance No. 1014, 1st Reading, Approve and adopt the Annual Budget for the Fiscal Year 2012 and approve the revised budget figures for the Fiscal Year 2011 and Multi -Year Capital Improvements Plan. (The public hearing for this item will be heard on September 20, 2011.) B. Ordinance No. 1015, 1st Reading, Tax Levy Ordinance. (The public hearing for this item will be heard on September 20, 2011.) 8. Resolutions: A. Resolution No. 11 -042, Appoint members to the Building Board of Appeals, Joint Utilization Committee, Library Board, Parks and Recreation Board, Southlake Arts Council, Southlake Parks Development Corporation, Zoning Board of Adjustment and Southlake Program for the Involvement of Neighborhoods (S.P.I.N.). B. Resolution No. 11 -043, Appoint members to the Crime Control Prevention District. 9. Other items for consideration: A. Consider approval of the Greater Southlake Women's Society's plans for Festival of Trees events. 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, September 2, 2011 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. � tt t :744.: ti • Alicia Richardson, TRMC s156.. City Secretary • *° ' ` rr +. rr'irer , �� �� `t If you plan to attend this public meeting 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 September 6, 2011 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. Jayson Steele vs. City of Southlake. August 2008. 2. Pending Public Information Act requests. 3. Texas Attorney General litigation defending the constitutionality of the Texas Open Meetings Act. 4. Legal issues regarding the Barnett Shale gas extraction and transportation. 5. Cause No. 153-252281-11; Southlake Taxpayers Against Neighborhood Drilling (STAND) vs. City of Southlake et al. 6. Todd Tracy, et al. vs. City of Southlake. May 2011. 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 September 6, 2011 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; 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 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 CITY O F THLAIKE SOU TEXAS REGULAR CITY COUNCIL MEETING MINUTES: September 6, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe, Deputy Mayor Pro Tem Pamela Muller and Councilmembers Carolyn Morris, Martin Schelling, Jeff Wang and Al Zito. CITY COUNCIL ABSENT: None STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager /Director of Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Communication and Websites Manager Pilar Schank, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Planner I Lorrie Fletcher, Chief of Fire Services Mike Starr, Interim Chief of Police Services Rusty Daniels, Director of Public Works Robert Price, City Attorney E. Allen Taylor, City Secretary Alicia Richardson and Deputy City Secretary Tara Brooks. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:30 p.m. 2. INVOCATION Mr. Chris Hatchett with The Hills Church of Christ gave the invocation. 3. HONOR GUARD FLAG CEREMONY HONORING SEPTEMBER 11 FALLEN HEROES The Southlake Fire Department Honor Guard presented the United States and Texas flags. The Council watched a video honoring the first responders of September 11, 2001. Mayor Terrell led the pledge of allegiance. REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 1 of 1 4. ORDINANCE 880 -B - REVISIONS TO CHAPTER 9.5 OF THE CITY OF SOUTHLAKE'S CITY CODE ARTICLE IV - GAS AND OIL WELL DRILLING AND PRODUCTION (THIS ITEM WILL INCLUDE A PUBLIC COMMENT PORTION WHERE THE PUBLIC WILL BE INVITED TO SPEAK ON PROPOSED ORDINANCE REVISIONS. THIS ITEM WILL NOT BEGIN PRIOR TO 7:00 P.M.) Mayor Terrell informed the public that Council would convene to Executive Session prior to discussion and public comments pertaining to Ordinance No. 880 -B. Mayor Terrell informed members of the public to complete and sign a blue comment card if they wish to comment on this item. Mayor Terrell announced that comments submitted by way of the blue comment cards would be accepted and read into the record. Mayor Terrell advised the public that comments sent electronically to members of Council, while they would not be included in tonight's meeting minutes, they will be included in the planning department's permanent case file. EXECUTIVE SESSION Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with the city attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:50 p.m. Executive Session began at 6:08 p.m. and concluded at 7:30 p.m. RECONVENE Mayor Terrell reconvened the work session at 7:33 p.m. and asked if any action was necessary from Executive Session. There was no action needed as result of Executive Session. Mayor Terrell explained that Council would receive an overview from staff of the changes discussed at previous Council meetings, which will be followed by a presentation on setbacks. Mayor Terrell informed the public a comprehensive list of the proposed changes is located at the back of the Council Chambers. A red -lined version of the proposed ordinance can be located on the City's website. Mayor Terrell informed the public that Council values communication and public input. He thanked everyone for their participation and reminded the public this item would not be an answer and question session. This is an opportunity for the public to convey their thoughts for the record on the proposed changes to the ordinance. Director of Planning and Development Ken Baker presented an overview of the proposed ordinance changes. Mr. Baker also reviewed the recent changes discussed at the August 26, 2011 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 2 of 2 City Attorney Allen Taylor addressed legal requirements pertaining to setbacks. Director of Planning and Development Ken Baker presented proposed changes to the setback language. Mayor Terrell announced that the following citizens did not wish to speak, but wanted to record their position regarding Ordinance No. 880 -B: Mr. John Thane, 2600 South Quail Run Support Court Ms. Rebecca Madison, 550 Bentwood Support Lane Ms. Janeth Stiller, 218 Bob -O -Link Drive Opposed Ms. Gayle Fluster, 645 Oak Hill Opposed to proposed changes, in favor of drilling on Milner site Mr. Tommy Madison, 550 Bentwood Support Ms. Disa Mason, 906 Hanover Drive Opposed Ms. Brenda McClanahan, 306 Quail Court Opposed to drilling in heavily populated areas, supports increased setbacks and no variances Doug Roke, 304 Proakness Circle Support James R. McCutcheon, 1383 Woodbrook Supports drilling, opposed to increased Lane restrictions or setbacks Francine Myers, 103 Swallow Court Support (clarified later that she was opposed) Susan Skaggs, 600 Llano Court Support responsible development of gas resources; opposed to increased setbacks Kyle Eldred, 160 East Continental Opposed Latricia Earley, 1906 Amesbury Court Opposed to drilling Linda Parker, 225 Eastwood Drive Support Steven Ramundo, 910 Emerald Boulevard Support David LaChance, 910 Emerald Boulevard Support Don Stone, 901 Quail Crest Support drilling Arra Murphy, 1410 Monarch Way Opposed (clarified later that she supports proposed ordinance) Mike & Doris Lafavers, 303 East Highland Opposed (spoke later in the meeting) Road Shannon Buss, 1403 Vine Blanc Court Against drilling, supports increased setbacks from schools, homes, tanks, etc. Don Davis, 1438 Montgomery Lane Opposed to urban drilling, supports increased setbacks Marilaine Wiggins, 1730 Randol Mill Ave Opposed to proposed ordinance, supports current ordinance Charlene Upshaw, 655 East Highland Opposed to proposed ordinance, supports Street current ordinance Valerie Clark, 755 Randol Mill Avenue Opposed REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 3 of 3 Patty Gleim, 1905 Amesbury Court Opposed Melvin Earley, 1906 Amesbury Court Opposed (clarified later opposed to drilling) Bill Gleim, 1905 Amesbury Court Opposed Joey & Laurie Milner Supports current ordinance Coila K. Edson, 214 Canyon Lake Drive Supports drilling Jack Edson, 214 Canyon Lake Drive Supports drilling Walt Buchholtz, 805 Farrwood Court Support (clarified later supports existing ordinance and opposed to increasing setbacks) Davis family, 200 South Peytonville Support (clarified later supports existing ordinance) Harmony McKnight, 1810 Randol Mill Supports responsible drilling Avenue Rebecca Utley, 1735 Shady Oaks Supports drilling, against increased restrictions In response to a question from the audience, Mayor Terrell informed the public that Ordinance No. 880 -B includes proposed changes as discussed at previous Council meetings. If support is selected on the public comment card, it indicates support of the proposed ordinance that includes all the changes discussed to date and incorporated into the ordinance. Mayor Terrell informed the public that they are welcome to approach the podium if their position was incorrectly stated on the public comment card. Mayor Terrell announced that the following citizens did not wish to speak, but wanted to record their position regarding increased setbacks: Amy Weiss, 514 Queensbury Turn Support increased setbacks Marianne Martino, 600 Chapel Court Support increased setbacks Kristen Martino, 600 Chapel Court Support increased setbacks Beth Adams, 110 Wilmington Court Support increased setbacks Susan K. Turnwald, 516 Queensbury Turn Support increased setbacks Paul Blight, 1418 Montgomery Lane Support increased setbacks Carol Kostaras, 1314 Montgomery Lane Support increased setbacks Mary O'Conner, 2965 Barney Lane Support increased setbacks Martin O'Conner, 2965 Barney Lane Support increased setbacks Cyndi Day, 1620 Byron Nelson Parkway Support increased setbacks Marcy McTaggart, 710 Wentwood Drive Support increased setbacks, do not allow variances Diane Harris, 1025 Mission Drive Support increased setbacks and 25% maximum variance approval on setbacks Matt Wilsman, 1604 Ponderosa Way Support increased setbacks and 25% maximum variance approval on setbacks Julie Hahn, 405 Bryn Meadows Opposed to decreasing setbacks and exempting assisted living and nursing care facilities REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 4 of 4 Mayor Terrell announced that the following citizens have expressed an interest to state their position regarding Ordinance No. 880 -B: David Adams, 110 Wilmington Court Supports increased setbacks and the Town of Flower Mound's ordinance Michael Guidotti, 1301 Province Lane Supports increased setbacks and deleting or limiting takings language Richard McCauley, 900 Wildwood Lane Supports 2008 gas and oil drilling ordinance Mr. Robert Gray, 1275 Shady Oaks Drive Supports drilling Simon Rurka, 803 Dominion Drive Opposed to drilling Robert Johnson, 1110 Harbor Retreat Opposed to drilling Jackie Burlingame, 645 Briarridge Road Supports drilling— current ordinance Bill Spivey, 1520 Randol Mill Avenue Supports drilling Mark Kubik, 1434 Montgomery Lane Supports increased setbacks Kim Davis, 1438 Montgomery Lane Supports a stronger ordinance and increased setbacks Trevor Matheson, 902 Shadywood Street Opposed to drilling Donny J. Charlton, 4357 Homestead Drive Supports drilling August Schilling, 1260 Taylor Street Clarified that he is in favor of the current ordinance Eric Hulet, 251 Countryside Court Was not present when called to speak — comment card listed that he was opposed to the moratorium and in favor of moving forward with application Karl Kimball, 680 Truelove Trail Supports drilling Mary Giery- Smith, 701 Malton Lane Opposed to drilling Bob Seebeck, 480 West Highland Supports drilling Laurie Schneider, 1418 Monarch Way Opposed to drilling in neighborhoods and supports stronger ordinances Dan Lacayo, 1590 Randol Mill Did not speak when called to podium, comment card listed that he was in support Joe Gregory, 1100 West Southlake Opposed to both ordinances, in favor of Bouelvard decreasing setbacks Bill and Phyllis Lafavers, 620 South White Supports current ordinance Chapel Boulevard Jennifer Myers, 801 Cross Lane Opposed to proposed revisions, in favor of current ordinance Ann Davis, 308 Foxborough Opposed to proposed revisions, in favor of current ordinance Brenda McClanahan, 306 Quail Court Opposed to drilling, supports increased setbacks Floyd McGlothilin, 2409 Emerald Circle Supports current ordinance Jennifer Kessman, 711 Greymoor Lane Supports increased setbacks Danielle K. O'Rean, 2050 Shady Oaks Supports drilling and current ordinance REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 5 of 5 Drive lzak Gregory, 1201 Oak Hurst Drive Opposed to increased setbacks and regulations Tom Allen, 9 Village Circle Supports current ordinances, opposed to moratorium and increased restrictions Gordon Aalund, 200 East Chapel Downs Supports increased setbacks and limiting the percentage of variances Charles Griffith, 2718 York Court Supports drilling Marlene Eldred, 160 East Continental Opposed to drilling in highly populated Boulevard areas Troy Findley, 802 Dove Creek Trail Opposed to drilling Carolyn Johnston, 817 Pearl Drive Supports drilling and in favor of current ordinance Leslie Guess, 411 Bryn Meadows Opposed to drilling and supports strictest regulations Janet French Did not speak when called to podium, comment card listed that she was in support Gordon Spark, 600 Oak Hill Drive Supports drilling and current ordinance Steve Davis, 300 West Highland In favor of current ordinance, opposed to increased setbacks and regulations Mel Skaggs, 600 Llano Court Supports safe and responsible gas drilling, spoke about the Cudd Well report Rick Wilhelm, 2209 Yeargin Court Supports drilling Stacey Bott, 1604 Ponderosa Way Opposed to drilling near homes and supports increased setbacks Walt Buchholtz, 805 Farwood Court Clarified that he supports drilling and is opposed to increased setbacks Kalena Cook, 404 West Chapel Downs Opposed to drilling and supports increased setbacks Keith Houser, 1219 Whispering Lane Supports drilling and current ordinance Howard Sanders, 100 Lakewood Drive Supports current ordinance Rebecca Utley, 1735 Shady Oaks Drive Supports current ordinance The following public comments cards were received during public comment portion of the item. Cindy Engel, 125 West Chapel Downs Ms. Engel did not speak; comment card Drive listed that she was in support of gas drilling under the Milner Specific Use Permit (SUP). Van Williams, 125 W. Chapel Downs Drive Mr. Williams did not speak; comment card listed that he was in support of gas drilling under the Milner Specific Use Permit (SUP). Jodi Lash, 1430 Eagle Bend Ms. Lash did not speak; comment card REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 6 of 6 listed that she was in support of increasing setback requirements to a minimum of 1500 feet Joan Gonzales, 400 Berders Court Ms. Gonzales did not speak; comment card listed that she was in support of increasing setbacks Jamie Cadiz, 707 Chaucer Court Jamie Cadiz did not speak; comment card stated opposed and that revisions should be one that protects all Southlake residents, in favor of increased setbacks Rajesh C. Kumar Rajesh Kumar did not speak; comment card listed support for increased setbacks Robert Stiller, 218 Bob 0 Link Drive Mr. Stiller did not speak; comment card indicated opposition Mayor Terrell announced that the public comment portion for this item is complete and that Council would take a brief recess. Mayor Terrell recessed the meeting at 10:19 p.m. Mayor Terrell reconvened the meeting at 10:43 p.m. 5. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. City Council discussed this item in conjunction with regular agenda Item No. 4. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 10:43 p.m. 2A. EXECUTIVE SESSION City Council convened into Executive Session earlier in the meeting. 2B. RECONVENE City Council convened into Executive Session earlier in the meeting. 3. REPORTS A. Mayor's Report — REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 7 of 7 Update of upcoming meetings and events Mayor Terrell announced upcoming meetings and events. Council member Martin Schelling announced that Southlake Working as a Team (SWAT) and Scholars and Athletes Serving Others (SASO) will have a community service day at Carroll High School on Saturday, September 17 between 10:00 a.m. and 2:00 p.m. Council member Morris announced that the annual Polycystic Kidney Disease (PKD) walk /run is Saturday, September 24 at Southlake Town Square. The race will begin at 8:30 a.m., followed by the children's walk at 9:00 a.m. and the one mile walk at 9:30 a.m. Council member Zito announced that the annual Southlake Chamber of Commerce Oktoberfest is approaching and they are seeking volunteers for the event. The Oktoberfest will be held September 30 — October 2 at Southlake Town Square. B. City Manager's Report — Southlake Arts Council written report There was no presentation for this item. 4. CONSENT AGENDA (Items 4A -I) Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items into the record. 4A. APPROVE MINUTES FROM THE AUGUST 1, 2011 JOINT CITY COUNCIL, SOUTHLAKE PARKS DEVELOPMENT CORPORATION, AND PARKS AND RECREATION BOARD MEETING AND THE AUGUST 16, 2011 CITY COUNCIL MEETING. 4B. APPROVE A SIDEWALK CONSTRUCTION ESCROW AGREEMENT IN THE AMOUNT OF $5,187.25 WITH PAULA VINING OF 1810 SUNSHINE LANE. Staff and City Council discussed costs for constructing future sidewalks and the amount identified in escrow agreement. The consensus of Council was to include a statement in the motion that the sidewalk would be constructed at such time when a sidewalk, on either side, is built up to the property. REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 8 of 8 4C. APPROVE THE PURCHASE OF RIGHT OF WAY AND EASEMENTS FOR KIMBALL AVENUE IMPROVEMENTS FROM PROPERTY AT 2199 EAST DOVE ROAD IN THE AMOUNT OF $240,000. 4D. APPROVE A TWO -YEAR CONTRACT EXTENSION WITH TXU ENERGY FOR A FIXED RATE AGREEMENT TO PROVIDE THE CITY WITH ELECTRICITY. 4E. ORDINANCE NO. 544 -B, 1 READING, AMENDING ORDINANCE NO. 544 -A, THE CITY OF SOUTHLAKE'S LANDSCAPE ORDINANCE. (IF APPROVED ON FIRST READING, A PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON SEPTEMBER 20, 2011.) Council member Zito advised staff that he did not see language in Section 3.6 for the use of weather station controllers. Director of Planning and Development Ken Baker informed Council that staff would incorporate the language for weather station controllers in the second reading of the ordinance. 4F. CONSIDER SV11 -014, VARIANCE TO THE SHOPS OF SOUTHLAKE CONDITIONAL SIGN PERMIT FOR PATINA FLOOR DESIGN STORE LOCATED AT 1251 EAST SOUTHLAKE BOULEVARD, SUITE 315. 4G. ORDINANCE NO. 1012, 1ST READING, F.M. 1709 /F.M. 1938 CORRIDOR SECTOR PLAN, AN ELEMENT OF THE SOUTHLAKE 2030 LAND USE PLAN. (IF APPROVED ON FIRST READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON SEPTEMBER 20, 2011.) 4H. APPROVE FUND BALANCE POLICY AMENDMENT. 41. ORDINANCE NO. 480 -605 (ZA10 -067), 1ST READING, ZONING CHANGE AND SITE PLAN FOR WATERMERE MEDICAL PLAZA ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, SLAYTON ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2813 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: SF- 1A — SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: 01 — OFFICE DISTRICT. SPIN NEIGHBORHOOD #11. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE SEPTEMBER 20, 2011 CITY COUNCIL MEETING. A motion was made to approve the consent agenda as read, with the condition for Item 4B, that Ms. Vining will construct a sidewalk at such time that an adjacent sidewalk is built up to her property. Motion: Bledsoe Second: Morris REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 9 of 9 Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang Nays: None Approved: 7 -0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Terrell opened the public forum. There being no one wishing to speak, Mayor Terrell closed the public hearing. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480 -497A (ZA11 -025), 2ND READING, ZONING CHANGE AND SITE PLAN FOR KIMBALL CROSSING ON PROPERTY DESCRIBED AS LOTS 1 AND 2, BLOCK 1, ETHAN ALLEN 1709 ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 1B2, JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529 AND BEING LOCATED AT 2171, 2175 AND 2185 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT AND B1 - BUSINESS SERVICE PARK DISTRICT. REQUESTED ZONING: S -P -1 — DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC HEARING APPROVED Director of Planning and Development Ken Baker summarized item for Council and was available to answer questions from Council. Mr. Baker presented this item in conjunction with Item 6B. Council and applicant representative Evan Beattie discussed elevation facades and trellis options. Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No 480 -497A, 2nd reading, site plan for Kimball Crossing, approving the three variances for the driveway stacking, driveway spacing and driveway spacing between right -in and right -out drives; regarding the architectural embellishments on the front facade of the building, the applicant will have at least a 3' top cornice between bays 3 and 4, 5 and 7, and 9 and 10; the City will waive the masonry requirement for architectural embellishment for the top 3'; the trellis will not have visible eyebeams, support structures will be of a solid square material with a wood fascia; 12' height limitation on the trellis structures and no more than 60% of the REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 10 of 10 front facade coverage with trellises; applicant will have a minimum of 10' masonry construction on the support columns; and pursuant to site plan review summary No. 3, dated July 15, 2011 and staff report dated August 31, 2011. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 6B. ZA11 -026, PLAT REVISION FOR LOT 1, BLOCK 1, KIMBALL CROSSING BEING A REVISION OF PROPERTY DESCRIBED AS LOTS 1 AND 2, BLOCK 1, ETHAN ALLEN 1709 ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 1B2, JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529 AND BEING LOCATED AT 2175 AND 2185 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P- 1 - DETAILED SITE PLAN DISTRICT AND B1 - BUSINESS SERVICE PARK DISTRICT. PROPOSED ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. APPROVED This item was presented in conjunction with Item 6A. A motion was made to approve ZA 11 -026, plat revision for Lot 1, Block 1, Kimball Crossing, pursuant to plat review summary No. 3, dated August 31, 2011. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 6C. RESOLUTION 11 -039 (ZA11 -036), SPECIFIC USE PERMIT FOR A MASS GATHERING FOR GATEWAY CHURCH FALL FESTIVAL ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, GATEWAY CHURCH -114 CAMPUS, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 700 BLESSED WAY, SOUTHLAKE, TEXAS. CURRENT ZONING: NR -PUD - NON- RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN NEIGHBORHOOD #4. PUBLIC HEARING APPROVED Planner II Lorrie Fletcher summarized item for Council and was available to answer questions. REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 11 of 11 Council and staff discussed the applicant's request for an indefinite approval for their annual event. Gateway representative Doug Sluiter presented item to Council and was available to answer questions. Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Resolution No. 11 -039, specific use permit for a mass gathering for Gateway's Church fall festival for a period of three years; the light tower utilized for event lighting will be inwardly focused toward the event; and pursuant to staff report dated, August 12, 2011. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 Mayor Terrell moved to Item No. 9. 9A. CONSIDER APPROVAL OF THE GREATER SOUTHLAKE WOMEN'S SOCIETY'S PLANS FOR FESTIVAL OF TREES EVENTS. APPROVED Director of Community Services Chris Tribble presented item to Council and was available to answer questions. Greater Southlake Women's Society representative Kim Kuehler was present to answer questions from Council. Council discussed the applicant's request to make the trees available to the public during the evening of the annual Holiday Tree Lighting event on November 19. Council expressed concern with setting a precedent to open Town Hall during the weekend. A motion was made to approve the Greater Southlake Women's Society Festival of Trees Event to display four professionally decorated trees in the lobby of Town hall from November 17 — December 16, 2011; display of two Park Place motorcar vehicles on pedestrian sidewalk corners at the southeast corner of State and Main and the southwest corner of Fountain and Grand from November 7 — December 16, 2011; display vehicles will be removed during the time period of 4:00 p.m. on Friday, November 18 to 9:00 a.m. on Sunday, November 20, 2011 to avoid space conflicts; and the approval display of the four trees is specifically in connection with the greater plans for the Festival of Trees event. REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 12 of 12 Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 Mayor Terrell moved to Item 6D. 6D. ORDINANCE NO. 1009, 2ND READING, CARROLL /1709 SMALL AREA PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN. PUBLIC HEARING TABLED A motion was made to table Ordinance No. 1009 to the September 20, 2011 City Council meeting. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 6E. ORDINANCE NO. 1010, 2ND READING, CROOKED /KIMBALL SMALL AREA PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN. PUBLIC HEARING TABLED A motion was made to table Ordinance No. 1010 to the September 20, 2011 City Council meeting. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 6F. ORDINANCE NO. 1011, 2ND READING, APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ( "ACSC" OR "STEERING COMMITTEE ") AND ATMOS ENERGY CORP., MID - TEX DIVISION ( "ATMOS MID -TEX" OR "COMPANY ") REGARDING THE COMPANY'S FOURTH ANNUAL RATE REVIEW MECHANISM ( "RRM ") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 13 of 13 TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. PUBLIC HEARING APPROVED City Council did not require a presentation. Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1011, 2 reading, a negotiated resolution between the Atmos Cities Steering Committee ( "ACSC" or "Steering Committee ") and Atmos Energy Corporation. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 6G. ORDINANCE NO. 1013, 2ND READING, AN ORDINANCE AMENDING CHAPTER 2, ARTICLE X, SECTION 2 -421 OF THE CITY OF SOUTHLAKE CODE TO PROVIDE THE DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES OR HIS OR HER DESIGNEES WITH THE POWER TO ISSUE CITATIONS FOR VIOLATION OF THE CITY CODE. PUBLIC HEARING APPROVED Director of Planning and Development presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1013, 2nd reading, amending Chapter 2, Article X, Section 2 -421 of the City of Southlake Code. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 14 of 14 Nays: None Approved: 7 -0 6H. ADOPT THE FISCAL YEAR 2012 CRIME CONTROL AND PREVENTION DISTRICT OPERATING BUDGET AND MULTI -YEAR CAPITAL IMPROVEMENTS PLAN. PUBLIC HEARING APPROVED City Council did not require a presentation. A motion was made to adopt the fiscal year 2012 Crime Control and Prevention District operating budget and multi -year capital improvements plan. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 1014, 1ST READING, APPROVE AND ADOPT THE ANNUAL BUDGET FOR THE FISCAL YEAR 2012 AND APPROVE THE r . REVISED BUDGET FIGURES FOR THE FISCAL YEAR 2011 AND MULTI- YEAR CAPITAL IMPROVEMENTS PLAN. (THE PUBLIC HEARING FOR THIS ITEM WILL BE HEARD ON SEPTEMBER 20, 2011.) APPROVED City Manager Shana Yelverton presented item and was available to answer questions from Council. A motion was made to approve Ordinance No. 1014, 1 reading, adopting the annual budget for fiscal year 2012 and approve the revised budget figures for fiscal year 2011 and multi -year capital improvements plan. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 7B. ORDINANCE NO. 1015, 1ST READING, TAX LEVY ORDINANCE. (THE PUBLIC HEARING FOR THIS ITEM WILL BE HEARD ON SEPTEMBER 20, 2011.) APPROVED REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 15 of 15 SOCIETY'S PLANS FOR FESTIVAL OF TREES EVENTS. APPROVED Council discussed this item earlier in the meeting. 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 1:05 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: ,.,`'OU T 1 1.1 % - L /) /� • • Alicia Richardson ?03 City Secretary • .. •' REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 17 of 17 Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn: Misc Fee OF THE t THE I fished for THE STATE OF TEXAS County of Tarrant C. (':;;1VOICE I3580 1 Customer ID: CIT57 Invoice Number: 317480611 Invoice Date: 8/24/2011 Terms: Net due in 21 days Due Date: 8/31/2011 PO Number: 21100072 Order Number: 31748061 Sales Rep: 073 Description: CORRECTED NOTI Publication Date: 8/24/2011 30 30 LINE $0.00 $51.30 Net Amount: $51.30 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publishe in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 _ � c1w n �('� �� � \ n SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, AuuEi' 2A 2011. Notary Public. Thank You For Your Payment ---------------------------------------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 317480611 $51.30 21100072