2011-10-18 Regular CC Meeting ■ f CITY OF
SOUTH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING: October 18, 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: Scott Berry, Chaplain of the Month.
3. 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(0, and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be
held, under these exceptions, at the end of the Regular Session or at
any time during the meeting that a need arises for the City Council to
seek advice from the City Attorney as to the posted subject matter of
this City Council meeting.
1. Section 551.071: Consultation with attorney
a. Seek the advice of the city attorney regarding gas drilling
and production and gas utility companies.
b. Seek the advice of the city attorney regarding City of
Southlake v. Jeff Massey, et al; Cause No. 2011 - 003365 -3;
eminent domain action regarding property located at 1200
North Kimball, Southlake, Texas.
2. Section 551.072: Deliberation regarding real property
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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 18, 2011
Page 2 of 6
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
A. What the Constitution Means to Me, by Jeffrey Pistor
B. Status Report and Update from President T. Douglas
Lawson, Baylor Regional Medical Center at Grapevine
B. City Manager's Report
CONSENT AGENDA: All items listed below are considered to be routine by the City
Council and will be enacted with one motion. There will be no separate discussion of
items unless a Councilmember or citizen so requests, in which event the item will be
removed from the general order of business and considered in its normal sequence.
4. Consent:
A. Approve the minutes from the October 4, 2011 City Council meeting.
B. Approve a contract for preventative maintenance and repair services for
fire apparatus with First Vehicle Services.
C. Approve an interlocal agreement with Texas Department of Public Safety,
"Failure to Appear Program," to provide a collection enforcement tool to
the City of Southlake Municipal Court through which a defendant's ability
to renew their driver's license is restricted due to outstanding violations.
D. Consider SV11 -015, Variance to Sign Ordinance No. 704 -E, as amended,
for Watermere at Southlake located at 2807 West Southlake Boulevard.
E. Ordinance No. 544 -B, 2 " Reading, amending ordinance no. 544 -A, the
City of Southlake's Landscape Ordinance. THIS ITEM IS
ADMINISTRATIVELY TABLED TO THE DECEMBER 6, 2011 CITY
COUNCIL MEETING.
F. Ordinance No. 480 -605 (ZA10 -067), 1 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:
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 18, 2011
Page 3 of 6
SF -1A — Single Family Residential District. Requested Zoning: 01 —
Office District. SPIN Neighborhood #11. This item was previously tabled at
the August 2, August 16, September 6, September 20, and October 4,
2011 City Council meetings. THE APPLICANT HAS REQUESTED TO
TABLE THIS ITEM TO THE NOVEMBER 1, 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 -439b (ZA11 -027), 2nd Reading, Zoning Change and
Site /Concept Plan for Cornerstone Business Park on property described
as Lots 1 R, 2R1 R, 3R, 4R, and 5R1, Block 5, Cornerstone Business Park,
Southlake, Tarrant County, Texas and being located at 305, 405, 415, 505
and 515 South Nolen Drive, Southlake, Texas. Current Zoning: S -P -2 —
Generalized Site Plan District. Requested Zoning: S -P -2 — Generalized
Site Plan District. SPIN Neighborhood #8. This item was previously tabled
at the September 20 and October 4, 2011 City Council meeting. PUBLIC
HEARING
B. Ordinance No. 880 -B, 2nd Reading, Revisions to Chapter 9.5 of the City of
Southlake's City Code Article IV — Oil and Gas Well Drilling and
Production. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480 -608 (ZA11 -045), 1 Reading, Zoning Change and Site
Plan for Cornerstone Business Park on property described as Lots 1 R,
Block 4, Cornerstone Business Park Addition, Southlake, Tarrant County,
Texas and being located at 500 South Nolen Drive, Southlake, Texas.
Current Zoning: 1 -1 — Light Industrial Zoning District. Requested Zoning: S-
P-1 - Detailed Site Plan Zoning District. SPIN Neighborhood #8. (If
approved on first reading, the second reading will be held on November 1,
2011.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 18, 2011
Page 4 of 6
8. Resolutions:
A. Resolution No. 11 -048, Appoint members to the Southlake Parks
Development Corporation and Zoning Board of Adjustment.
9. Other items for consideration:
A. Consider approval of Pro Players Foundation's request to display sponsor
vehicles on public property for fundraising purposes.
B. Approve purchase of a waterline easement for TW King 30 inch water line
from property located on the south side of S.H. 114 from proposed
F.M. 1938 to Solana Boulevard in the amount of $270,900.
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, October 14, 2011 by 6:00 p.m.,
pursuant to the Texas Governme,„c Chapter 551.
1 cf)
Alicia Richardson, TRMC :• r•
City Secretary " •' °' °• <•••` •` ~
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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
October 18, 2011
Page 5 of 6
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. City of Southlake v. Jeff Massey, et al; Cause No. 2011 - 003365 -3; eminent
domain action regarding property located at 1200 North Kimball, Southlake,
Texas.
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 regardinq 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
October 18, 2011
Page 6 of 6
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
Vi CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: October 18, 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 /Director of
Public Safety Jim Blagg, Communication and Websites Manager Pilar Schank, Director
of Community Services Chris Tribble, Director of Finance Sharen Jackson, Assistant
Director of Finance, Operations – Sean Leonard, Purchasing Manager Tim Slifka,
Director of Human Resources Stacey Black, Director of Planning and Development
Services Ken Baker, Civil Engineer Cheryl Taylor, Chief of Fire Services Mike Starr, Fire
Marshall David Barnes, Interim Chief of Police Services Rusty Daniels, Deputy Director
of Public Works Gordon Mayer, 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 5:42 p.m.
2. INVOCATION
Mr. Scott Berry with First Baptist Church of Southlake gave the invocation. Mayor
Terrell led the pledge of allegiance.
Mayor Terrell announced that Council would move to the Mayor's Report —What the
Constitution Means to Me, by Jeffrey Pistor.
Jeffrey Pistor, a homeschool 6 grader from Colleyville and member of Classical
Conversations of Southlake recited his poem. Jeffrey's poem won the Constituting
America, best poem for grades 3 -6.
REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011
Page 1 of 14
3. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL
BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE
REGULAR SESSION.
Mayor Terrell asked Council if they would have any objection to receiving a
presentation on Item 7A — Ordinance No. 480 -608 (ZA11 -045). There was no objection
from Council.
Director of Planning and Development Services Ken Baker presented item and was
available to answer questions.
There was a consensus of Council to move Item 7A to the consent agenda.
Mayor Terrell asked Council if they would have any objection to moving Item 9B —
purchase of water line easement to the consent agenda. There was no objection from
Council.
Mayor Terrell informed the public that Item 6B — Ordinance 880 -B, Oil and Gas Well
Drilling and Production is a public hearing. The Council has received a number of e-
mails and comments from the public. If a member of the public wishes to speak, a blue
public comment card should be completed and returned to the City Secretary or a
member of staff. The City Council received 1 pre- written statement cards from the public
identifying four opinions. Mayor Terrell read the four statements and informed the
public a copy of the pre- written statements are located at the back of the Council
Chambers. A member of the public wishing to speak, who concurs with one of the
statements may notate that on their public comment card.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:01
p.m.
2A. 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; and Section 551.087,
deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:01 p.m. Executive Session began at 6:15 p.m. and concluded at
7:32 p.m.
2B. RECONVENE
'Pre- written statements attached to the minutes.
REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011
Page 2 of 14
Mayor Terrell reconvened the regular meeting at 7:45 p.m. and asked if any action was
necessary from Executive Session. There was no action needed as result of Executive
Session.
Mayor Terrell moved to Item 4 — Consent Agenda.
4. CONSENT AGENDA (Items 4A -F) 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 THE MINUTES FROM THE OCTOBER 4, 2011 CITY COUNCIL
MEETING.
4B. APPROVE A CONTRACT FOR PREVENTATIVE MAINTENANCE AND
REPAIR SERVICES FOR FIRE APPARATUS WITH FIRST VEHICLE
SERVICES.
4C. APPROVE AN INTERLOCAL AGREEMENT WITH TEXAS DEPARTMENT OF
PUBLIC SAFETY, "FAILURE TO APPEAR PROGRAM," TO PROVIDE A
COLLECTION ENFORCEMENT TOOL TO THE CITY OF SOUTHLAKE
MUNICIPAL COURT THROUGH WHICH A DEFENDANT'S ABILITY TO
RENEW THEIR DRIVER'S LICENSE IS RESTRICTED DUE TO
OUTSTANDING VIOLATIONS.
4D. CONSIDER SV11 -015, VARIANCE TO SIGN ORDINANCE NO. 704 -E, AS
AMENDED, FOR WATERMERE AT SOUTHLAKE LOCATED AT 2807 WEST
SOUTHLAKE BOULEVARD.
4E. ORDINANCE NO. 544 -B, 2 READING, AMENDING ORDINANCE NO. 544 -
A, THE CITY OF SOUTHLAKE'S LANDSCAPE ORDINANCE. THIS ITEM IS
ADMINISTRATIVELY TABLED TO THE DECEMBER 6, 2011 CITY COUNCIL
MEETING.
4F. ORDINANCE NO. 480 -605 (ZA10 -067), 1 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. THIS ITEM WAS
PREVIOUSLY TABLED AT THE AUGUST 2, AUGUST 16, SEPTEMBER 6,
SEPTEMBER 20, AND OCTOBER 4, 2011 CITY COUNCIL MEETINGS. THE
APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE NOVEMBER
1, 2011 CITY COUNCIL MEETING.
A motion was made approve the consent agenda, including Items 7A and 9B.
REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011
Page 3 of 14
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
Mayor Terrell moved to Mayor's Reports— Status Report and Update from T. Douglas
Lawson.
President T. Douglas Lawson of Baylor Regional Medical Center at Grapevine
presented an overview of Baylor's 2011 Fiscal Year, commitment to Southlake
community and the future hotel expansion.
3. REPORTS
A. Mayor's Report –
Update of upcoming meetings and events
Mayor Terrell announced upcoming meetings and events.
Deputy Mayor Pro Tem Muller announced that Southlake DPS Citizens Academy is
having an appreciation dinner for public safety employees on Thursday, October 20 at
5:30 p.m.
What the Constitution Means to Me, by Jeffrey Pistor
Jeffrey Pistor made his presentation to Council during work session.
Status Report and Update from President T. Douglas Lawson, Baylor Regional
Medical Center at Grapevine
Mr. Douglas Lawson made his presentation earlier in the meeting.
B. City Manager's Report –
There was no presentation for this item.
4. CONSENT AGENDA (Items 4A -F) 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 THE MINUTES FROM THE OCTOBER 4, 2011 CITY COUNCIL
MEETING.
REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011
Page 4 of 14
4B. APPROVE A CONTRACT FOR PREVENTATIVE MAINTENANCE AND
REPAIR SERVICES FOR FIRE APPARATUS WITH FIRST VEHICLE
SERVICES.
4C. APPROVE AN INTERLOCAL AGREEMENT WITH TEXAS DEPARTMENT OF
PUBLIC SAFETY, "FAILURE TO APPEAR PROGRAM," TO PROVIDE A
COLLECTION ENFORCEMENT TOOL TO THE CITY OF SOUTHLAKE
MUNICIPAL COURT THROUGH WHICH A DEFENDANT'S ABILITY TO
RENEW THEIR DRIVER'S LICENSE IS RESTRICTED DUE TO
OUTSTANDING VIOLATIONS.
4D. CONSIDER SV11 -015, VARIANCE TO SIGN ORDINANCE NO. 704 -E, AS
AMENDED, FOR WATERMERE AT SOUTHLAKE LOCATED AT 2807 WEST
SOUTHLAKE BOULEVARD.
4E. ORDINANCE NO. 544 -B, 2 READING, AMENDING ORDINANCE NO. 544 -A,
THE CITY OF SOUTHLAKE'S LANDSCAPE ORDINANCE. THIS ITEM IS
ADMINISTRATIVELY TABLED TO THE DECEMBER 6, 2011 CITY COUNCIL
MEETING.
4F. ORDINANCE NO. 480 -605 (ZA10 -067), 1 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. THIS ITEM WAS
PREVIOUSLY TABLED AT THE AUGUST 2, AUGUST 16, SEPTEMBER 6,
SEPTEMBER 20, AND OCTOBER 4, 2011 CITY COUNCIL MEETINGS. THE
APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE NOVEMBER
1, 2011 CITY COUNCIL MEETING.
Council considered and took action on this item earlier in the meeting.
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Terrell opened the public forum.
Ms. Dianne Dorman, 100 Ascot Drive, commented on the audio recording of her
comments at the October 4, 2011 City Council meeting. Ms. Dorman spoke about the
manner in which the City of Southlake handled her public information request.
REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011
Page 5 of 14
Ms. Pattie Minder, Southlake citizen, commended City Council, administration and staff.
Ms. Minder spoke about the continuous comments addressed by Ms. Dorman during
public forum.
There being no one else wishing to speak, Mayor Terrell closed the public forum.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ORDINANCE NO. 480 -439B (ZA11 -027), 2 READING, ZONING CHANGE
AND SITE /CONCEPT PLAN FOR CORNERSTONE BUSINESS PARK ON
PROPERTY DESCRIBED AS LOTS 1R, 2R1 R, 3R, 4R, AND 5R1, BLOCK 5,
CORNERSTONE BUSINESS PARK, SOUTHLAKE, TARRANT COUNTY,
TEXAS AND BEING LOCATED AT 305, 405, 415, 505 AND 515 SOUTH
NOLEN DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -2 —
GENERALIZED SITE PLAN DISTRICT. REQUESTED ZONING: S -P -2 —
GENERALIZED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. THIS ITEM
WAS PREVIOUSLY TABLED AT THE SEPTEMBER 20 AND OCTOBER 4,
2011 CITY COUNCIL MEETING. PUBLIC HEARING
APPROVED
Director of Planning and Development Services Ken Baker presented item to Council
and was available to answer questions. Mr. Baker's review included future land use
designation, current zoning for property, and existing, proposed and revised site and
concept plan. The Planning and Zoning Commission approved the request by a vote of
6 -0, subject to staff review summary No. 2, dated September 2, 2011 and requesting
the owner of Lot 1R to clarify language in their submitted letter of support regarding the
term "replat."
Applicant Scott Caruthers, 4300 Sigma Drive, Dallas, Texas was available to answer
questions from Council.
Council and staff discussed the proposed site plan and removal of the cross access
drives and shared parking.
Mayor Terrell opened the public hearing, and asked for anyone wishing to speak 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 -439B, also known as ZA11 -027,
zoning change and site /concept plan for the Cornerstone Business Park, subject to the
revised concept plan review summary No. 3, dated October 4, 2011.
Motion: Bledsoe
Second: Wang
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011
Page 6 of 14
Nays: None
Approved: 7 -0
6B. ORDINANCE NO. 880 -B, 2 READING, REVISIONS TO CHAPTER 9.5 OF
THE CITY OF SOUTHLAKE'S CITY CODE ARTICLE IV – OIL AND GAS WELL
DRILLING AND PRODUCTION. PUBLIC HEARING
APPROVED
Mayor Terrell commented that the second reading of Ordinance 880 -B would culminate
a long journey that began in January 2011. The project has truly been a team process
and Mayor Terrell thanked Council, staff and the public. Mayor Terrell informed the
public that maps identifying setbacks can be located on the City's website. Staff's
presentation will include an overview of the setback maps.
Director of Planning and Development Services Ken Baker presented item for Council.
Mr. Baker's presentation included an overview of the setback maps; City park setback;
distance for testing perennial or intermittent stream, wetland or pond; and insurance
requirements.
At the request of Mayor Terrell, City Attorney Allen Taylor commented on setback
requirements and the regulatory taking case of City of Houston vs. Maguire Oil
Company.
Mayor Terrell informed the public that Council had considerable discussion on the
proposed ordinance at the first reading on October 4, 2011. The outstanding issues —
setbacks for City parks, intermittent stream, wetlands and ponds, and insurance
requirements will be discussed this evening.
Mayor Terrell opened the floor to Council to discuss sections or items of concern related
to Ordinance No. 880 -B.
Council member Morris requested language be included in the evacuation plan to
include senior living facilities. She also requested the setback be changed from 1,000
feet from a habitable structure to 1,000 feet from the property line.
Council discussed the ordinance and not having a definition for senior living facilities.
Director of Planning and Development Services informed Council if there is not a
definition in the ordinance the administrator shall interpret a senior living facility.
City Attorney Allen Taylor recommended that Council include general a definition which
could read, "a multi - family housing unit or structure designed, constructed and operated
for residents by individuals above the age of 60 years of age; intended to provide
residential accommodations for senior citizens."
REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011
Page 7 of 14
Mr. Baker clarified the oil and gas well drilling ordinance does not provide a definition for
assisted living or nursing care facility. The only category defined in the zoning
ordinance is "assisted living ". If the City were to provide a definition it will be included in
the ordinance.
Mayor Terrell opened the public hearing.
The consensus of Council was to address senior living facilities in the evacuation plan.
Council discussed setback distance requirement from public City parks. The consensus
of Council was to set the setback distance requirement at 500 feet.
Council member Schelling asked for clarification of wording on page 34, Section (ee).
The last two words should be well bore instead of pad site.
Mayor Terrell commented that Council received an e-mail from a member of the public
regarding Section 9.5 -223. Variance procedure, if regarding notarized consent form
signed by all owners of both surface and mineral interests. The citizen's comment is a
good point; the City is concerned for surface right owners and the consent of all mineral
owners may not be necessary.
Council discussed emergency access roadway to well site; notarized consent form
signed by all owners; evacuation plan and public notification; insurance requirements,
and interest bearing account for funds deposited by a pipeline company.
There being no further discussion by Council, Mayor Terrell announced that the public
hearing for this item would follow. Mayor Terrell reminded the public to notate on their
comment card the pre- written statement they support. A copy of the pre- written
statements can be located at the back of the Council Chambers. The public is
encouraged to speak if they have additional comments to share with Council.
EXECUTIVE SESSION
Mayor Terrell announced at 9:45 p.m. that Council would convene to Executive Session
pursuant to Section 551.071, consultation with city attorney. City Council adjourned for
Executive Session at 9:45 p.m. Executive Session began at 9:50 p.m. and concluded at
9:56 p.m.
RECONVENE
Mayor Terrell reconvened the regular meeting at 10:04 p.m.
Mayor Terrell advised that the pipeline notice referenced on page 46 would be removed
as a housekeeping item, because it is addressed in other areas of the ordinance.
REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011
Page 8 of 14
Mayor Terrell announced the following citizens did not wish to speak, but asked that
their comments be included in the record:
Ms. Dianne Dorman, 100 Ascot Drive, supports statement 4.
Mr. Bobby Adams, 695 Glade Road, Euless, supports statement 1.
Ms. Ruth Adams, 659 W. Glade Road, Euless, supports statement 1.
Ms. Jane Brendel Lash, 1007 Normandy Drive, supports maximum protections in the
revised oil and gas ordinance.
Ms. Sonia & Janeed Khan, 1000 Deer Hollow Boulevard, opposes drilling
Mr. Gene and Charlene Upshaw, 855 East Highland Street, supports drilling.
Mr. Bob Couch, 2573 Union Church Road, supports drilling.
Mr. Matt Wilsman, 1604 Ponderosa Way, supports statement 4.
Ms. Stacey Bott, 1604 Ponderosa Way, supports statement 4.
Ms. Valerie Clark, 755 Randol Mill Avenue, opposes new ordinance; wants to sell her
mineral rights.
Mr. Bill Gleim, 1905 Amesbury Court, supports statement 4.
Mr. David Spillyards, 1920 Cresson, supports statement 4.
Mr. Bill and Phyllis Lavaverer, 620 South White Chapel Boulevard, opposes drilling.
Mr. Mel Skaggs, 600 Llano Court, opposes ordinances revisions.
Mr. Joey and Laurie Milner, 651 East Highland, supports drilling.
Ms. Beverly, Spillyards, 1920 Cresson, supports statement 4.
Saman Shabnam, 700 Deer Hollow Boulevard, opposes drilling.
Mr. John Van Son, opposed to drilling as written.
Ms. Mary Lou Milner, 555 East Highland, supports statement 4.
Ms. Pattie Minder, 223 Eastwood Drive, supports gas drilling.
Ms. Zena Rucker, 650 South Carroll Avenue, supports statement 1.
Ms. Jacqueline Craft, 650 South Carroll Avenue, supports statement 1.
Ms. Leslie Guess, 411 Bryn Meadows, supports statement 4.
Ms. Carol Kostaras, 1314 Montgomery Lane, supports statement 4
The following citizens spoke during the public hearing:
Ms. Joan Gonzales, Southlake resident, commented that she supports statement 4.
She supports maximum protections in revised oil and gas ordinances. Ms. Gonzales
commented that she is not in favor of drilling next to residential property.
Mr. Steve Oren, 2050 Shady Oaks Drive, stated that he believed Council would support
a more liberal policy for oil and gas well drilling. According to the records he obtained
through the Public Information Act, the comments were 3 to 1 in support of oil and gas
well drilling. The new ordinance will restrict drilling in Southlake.
Mr. Michael Guidotti advised that he did not wish to speak, but he supports statement 4.
Mr. Todd Schneider, 1418 Monarch Way, was not present when his name was called by
Mayor Terrell. Mr. Schneider's comment card notated that he supports statement 4.
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Ms. Laurie Schneider, 1418 Monarch Way, was not present when her name was called
by Mayor Terrell. Ms. Schneider's comment card notated that she supports statement
4.
Ms. Bernice McCauley, 900 Wildwood, was not present when Mayor Terrell called her
name. Ms. McCauley's comment card notated that she supports statements 1 and 3.
Mr. Dick McCauley, 900 Wildwood, was not present when Mayor Terrell called his
name. Mr. McCauley's comment card notated that he supports statements 1 and 3.
Mr. Bill Spivey, 1520 Randol Mill, commented that he supports statement 3.
Mr. Tom Allen, 9 Village Circle, Westlake, did not wish to speak, but asked that his
support of the current ordinance without change be included in the record.
Ms. Cynthia Day, Southlake resident, commented that she supports maximum
protection and increased setbacks.
Mr. Donny J. Charlton, 4357 Homestead Drive, was not present when Mayor Terirell
called his name. Mr. Charlton's comment card notated that he opposes Ordinance No.
880 -B.
Ms. Zena Rucker, 650 South Carroll, was not present when Mayor Terrell called his
name. Ms. Rucker's comment card notated that she was opposed to Ordinance No.
880 -B.
Mr. Jim McCutcheon, 1383 Woodbrook Lane, spoke in support of drilling and
commented that he supports statements 1 and 3.
Ms. Erin Rolstad, 1327 Village Green Drive, commented that she supports drilling in the
City.
Mr. Chris Monroe, 1500 South White Chapel Boulevard, commented that he supports
statements 2 & 4. He lives 2,000 feet from the Titan site and it has impacted his family.
He commented that he is not against drilling, but he is against residential drilling.
Ms. Ann Davis, 308 Foxborough, spoke in support of drilling and the current ordinance.
She mentioned her concern with Section 255, the additional restrictions and the
potential that it will deter future drilling.
Ms. Patty Gleim, 1905 Amesbury Court, was not present when Mayor Terrell called her
name. Ms. Gleim's statement card notated that she supports statement 4.
Mr. Howard Sanders, 1000 Lakewood Drive, concurred with Ms. Davis' comments. He
stated that he supports the 2008 ordinance with Milner stipulations and statements 1
and 3.
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Ms. Myrna Solomon, 709 Malton Lane, was not present when Mayor Terrell called her
name. Ms. Solomon's comment card notated that she was opposed to additional
restrictions.
Mayor Terrell announced that comment cards were received at the October 4, 2011
meeting. At that meeting, the public was informed that their comment cards would be
read into the record at the October 18, 2011 City Council meeting. Mayor Terrell read
the following comment cards into the record, not including those from citizens who
spoke or submitted a comment card this evening.
Ms. Valerie Joy Clark, 755 Randol Mill, notated that she is against more restrictions.
Ms. Shannon Buss, 1403 Vino Blanc Court, notated that she is against gas drilling and
supports stricter setbacks.
Ms. Valorie Cordes, 1570 Bent Creek Drive, notated that she supports maximum
protections.
Ms. Nina Louise Dunn, 950 White Chapel, notated that she opposes Ordinance 880 -B.
Mr. Bart Davis, 308 Foxborough, notated that he opposes the increased setbacks.
Mr. Michael K Han, 405 Bryn Meadows, notated that he opposes ordinance and would
like greater safety protections.
Mr. Bob Couch, 1535 Union Church, notated that he opposes Ordinance No. 880 -B.
Mr. Karl Kimball, 680 True Love Trial, notated that he opposes Ordinance No. 880 -B.
Ms. Claire Kohanow, 1880 East Dove Road, notated that she supports gas drilling.
Mr. Mark Kubik, 1434 Montgomery Lane, notated that he supports the most strict
setbacks and variance restrictions.
Ms. Natasha Smith, 805 Gateshead Court, notated that she supports drilling and is
opposed to the proposed ordinance.
Mr. Michael Smith, 805 Gateshead Court, notated that he supports drilling and is
opposed to the proposed ordinance.
Mel Skaggs, 600 Llano Court, notated that he supports drilling and opposes increased
setbacks and new definitions.
Ms. Cheritta McCray, 807 Gateshead Court, notated that she is opposed to Ordinance
No. 880 -B.
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Mr. Clifford Mcagher, 1880 East Dove Road, notated that he supports Ordinance No.
880 -B.
Mayor Terrell asked if there was anyone else wishing to speak on this item.
Mr. Joe Wright, Southlake resident, stated that he did not appreciate the comment
against Council member Martin Schelling.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
Mayor Pro Tem Bledsoe clarified that his motion includes comments and stipulations
from the first reading.
A motion was made to approve Ordinance No. 880 -B, with the following stipulations:
Section 237 — Insurance, Section 3A(1) – Commercial or Comprehensive Liability is 10
million per occurrence with 25 million aggregate coverage; Section 3A(3) -
Environmental Impairment Insurance is 25 million; no changes to automobile liability
and workman's compensation; Excess Umbrella Liability is 25 million; Control of Well
Insurance will remain at 10 million with maximum deductible at $250,000; Page 19,
paragraph 39 – add language that senior living facilities to be defined by city attorney
(as stated earlier in the meeting); fresh water wells will be properly registered, per
appropriate regulatory authorities; Section 242 - setback – a setback will be added for
City of Southlake public parks of 500 feet; Section 242, Page 34, a clarification that
emission sources will be 300 feet from the well bore; Section 223, Page 9, paragraph F
– striking reference to mineral owners; Section 234, paragraph 35, page 19, evacuation
plans will address alternative access points for ingress and egress to the drill site other
than primary access; Section 242, page 34 add clarifying language that complaint is
received from a well owner; Section 234, page 19, paragraph 39– notice, language will
include "a list of homes or habitable structures" and strike reference "to all persons ";
Section 266, paragraph [sic] page 54, paragraph D will be stricken in entirety; Section
245(b) the reference to Section 234(b)(51) should read Section 234(b)50; Section 242,
page 34 (gg) should read complaint from an actual well owner will be investigated by
staff.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS:
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7A. ORDINANCE NO. 480 -608 (ZA11 -045), 1 READING, ZONING CHANGE
AND SITE PLAN FOR CORNERSTONE BUSINESS PARK ON PROPERTY
DESCRIBED AS LOTS 1R, BLOCK 4, CORNERSTONE BUSINESS PARK
ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING
LOCATED AT 500 SOUTH NOLEN DRIVE, SOUTHLAKE, TEXAS. CURRENT
ZONING: 1 -1 — LIGHT INDUSTRIAL ZONING DISTRICT. REQUESTED
ZONING: S -P -1 - DETAILED SITE PLAN ZONING DISTRICT. SPIN
NEIGHBORHOOD #8. (IF APPROVED ON FIRST READING, THE SECOND
READING WILL BE HELD ON NOVEMBER 1, 2011.)
APPROVED
This item was approved with the Consent Agenda.
8. RESOLUTIONS:
8A. RESOLUTION NO. 11 -048, APPOINT MEMBERS TO THE SOUTHLAKE
PARKS DEVELOPMENT CORPORATION AND ZONING BOARD OF
ADJUSTMENT.
TABLED
A motion was made to table Resolution No. 11 -048 to the November 1, 2011 City
Council meeting.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
9. OTHER ITEMS FOR CONSIDERATION:
9A. CONSIDER APPROVAL OF PRO PLAYERS FOUNDATION'S REQUEST TO
DISPLAY SPONSOR VEHICLES ON PUBLIC PROPERTY FOR FUNDRAISING
PU RPOSES.
TABLED
A motion was made to table this item to the November 1, 2011 City Council meeting.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
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Page 13 of 14
9B. APPROVE PURCHASE OF A WATERLINE EASEMENT FOR TW KING 30
INCH WATER LINE FROM PROPERTY LOCATED ON THE SOUTH SIDE OF
S.H. 114 FROM PROPOSED F.M. 1938 TO SOLANA BOULEVARD IN THE
AMOUNT OF $270,900.
APPROVED
This item was approved with the Consent Agenda.
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA.)
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 11:09 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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Joh Terre
Mayor
ATTEST:
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Alicia Richardson ,
City Secretary �' " , . ,*I(4 ,,,,,
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