2010-09-09 P&Z Meeting OF'FICIAL RECORD
CI TY O F
S OUTH LAKE
TEXAS
JOINT CITY COUNCIL AND PLANNING AND ZONING COMMISSION WORK
SESSION MINUTES — SEPTEMBER 9, 2010
LOCATION: Southlake Town Hall
1400 Main Street
Council Chambers
Southlake, Texas 76092
TIME: 5:30 p.m.
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, Deputy
Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A.
Muller, Jeff Wang and Al Zito.
CITY COUNCIL ABSENT: None.
PLANNING AND ZONING COMMISSION PRESENT: Chairman Darrell Faglie, Vice -
Chairman Robert Hudson, and Commissioners Jim Hamel (arrived at 5:15 p.m.),
Brigham McCown, Shahid Shafi, and Michael Springer (arrived at 7:08 p.m.).
PLANNING AND ZONING COMMISSION ABSENT: Commissioner Joe Lancor.
STAFF PRESENT: Assistant City Manager / Director of Public Safety Jim Blagg,
Assistant City Manager Ben Thatcher, Director of Economic Development Greg Last,
Director of Planning and Development Services Ken Baker, Planner II Richard Schell,
Planner I Lorrie Fletcher, Planner I Daniel Cortez, Administrative Secretary Stephanie
Breitbarth, Director of Public Works Bob Price, City Attorney Bryn Meredith, and City
Secretary Lori Payne.
Agenda Item No. 1. Call to order. Mayor Terrell called the meeting to order at 5:08 p.m.
Agenda Item No. 3. Discussion: Overview of preliminary ambient air quality test results;
and Agenda Item No. 4.Discussion: Overview of groundwater research. Director Baker
made initial comments and then introduced the consultant from Kleinfelder, Dr. Kenneth
Tramm. Dr. Tramm presented the findings of the Air Quality Study conducted in
Southlake and answered the Council's and the Commissioner's questions.
Agenda Item No. 2A. Executive Session. Mayor Terrell announced the City Council and
the Planning and Zoning Commission would be going into 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). City
JOINT CITY COUNCIUP &Z COMMISSION WORK SESSION MINUTES, SEPTEMBER 9, 2010
Page 1 of 2
Council and the Planning and Zoning Commission adjourned for Executive Session at
6:04 p.m. Executive Session began at 6:15 p.m. and ended at 7:15 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the work session at 7:20
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
Agenda Item No. 5. Discussion: Review of the City's Comprehensive Plan, Zoning
Ordinance, Gas and Oil Well Drilling and Production Ordinance and Road Repair
Agreement. This item was not discussed.
Agenda Item No. 6. Discussion: Other items related to gas drilling and production. This
item was not discussed.
Agenda Item No. 7. Meeting adjourned. Mayor Terrell adjourned the meeting at 7:20
p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Al 414 . .
John Terrell
Mayor
ATTEST:
4 yY
A W , ., J [[•""``""
Lori Payne W d^-, City Secretary ��a .:
HOC+ & ® ,,.:.. , ,,, ,A, ,Le 4 --7--
Darrell Faglie 0
Planning and Zoning Commission
Chairman
/
r 'Ili/IA Y `'J ' f A.
Step anie Bre "t• . rth
Commission Secretary
JOINT CITY COUNCIUP &Z COMMISSION WORK SESSION MINUTES, SEPTEMBER 9, 2010
Page 2 of 2
i
Elj CITY OF
SOUTHLAKE
TEXAS
JOINT CITY COUNCIL AND
PLANNING AND ZONING COMMISSION WORK SESSION
SEPTEMBER 9, 2010
LOCATION: Southlake Town Hall
1400 Main Street
Council Chambers / Executive Conference Room
Southlake, Texas 76092
TIME: 5:00 p.m.
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 any time during the meeting that a need arises
for the City Council and the Planning and Zoning Commission to seek
advice from the City Attorney as to the posted subject matter of this
meeting.
1. Section 551.071: Consultation with attorney
a. Seek advice of the city attorney regarding gas drilling and
production and gas utility companies.
b. Seek advice of the city attorney regarding conflict of interest
— Discuss Chapter 171 and City Code of Ethics.
B. Reconvene: Reconvene the meeting and take any action necessary on
items discussed in Executive Session.
3. Discussion: Overview of preliminary ambient air quality test results.
4. Discussion: Overview of groundwater research.
5. Discussion: Review of the City's Comprehensive Plan, Zoning Ordinance, Gas
and Oil Well Drilling and Production Ordinance and Road Repair Agreement.
6. Discussion: Other items related to gas drilling and production.
7. Meeting adjourned.
City of Southlake values:
Integrity • Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
Joint City Council - P8Z work session agenda
September 9, 2010
Page 2 of 4
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 3, 2010, by 5:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
A/(k1
Lori Payne, TR 0 • ,
City Secretary
If you plan to attend this public meetih'g 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
Joint City Council - P&Z work session agenda
September 9, 2010
Page 3 of 4
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.
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.
Section 418.183(0: 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
City of Southlake
Joint City Council - P8Z work session agenda
September 9, 2010
Page 4 of 4
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
TEXAS
1 REGULAR PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 9, 2010
2
3 LOCATION: 1400 Main Street, Southlake, Texas
4 Work Session - Executive Conference Room, Suite 268 of City Hall
5 or City Council Chambers of City Hall
6 Regular Session - City Council Chambers of City Hall
7
8 WORK SESSION:
9
10 CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, Deputy Mayor Pro
11 Tem Brandon Bledsoe and Council Members Carolyn Morris, Pamela A. Muller, Al Zito and Jeff
12 Wang.
13
14 CITY COUNCIL ABSENT: None.
15
16 COMMISSIONERS PRESENT: Chairman Darrell Faglie, Vice - Chairman Robert Hudson and
17 Commissioners Michael Springer (arrived at 7:08 p.m.), Brigham McCown, Jim Hamel (arrived at
18 5:15 p.m.) and Shahid Shafi.
19
20 COMMISSIONERS ABSENT: Joe Lancor
21
22 STAFF PRESENT: Jim Blagg, Assistant City Manager /Director of Public Safety; Ben Thatcher,
23 Assistant City Manager; Greg Last, Director of Economic Development; Ken Baker, Director of
24 Planning & Development Services; Richard Schell, Planner II; Daniel Cortez, Planner I; Lorrie
25 Fletcher, Planner 1; Bob Price, Director of Public Works; Cheryl Taylor, Civil Engineer; Bryn
26 Meredith, City Attorney; Lori Payne, City Secretary; and Stephanie Breitbarth, Commission
27 Secretary.
28
29 Work Session Item No. 1 — Cali to Order: Mayor Terrell called the joint City Council and Planning
30 and Zoning Commission Work Session to order at 5:08 p.m.
31
32 Work Session Item No. 3 - Discussion: Overview of Preliminary Ambient Air Quality Test
33 Results; and, Work Session Item No. 4 - Discussion: Overview of Groundwater Research: Ken
34 Baker, Director of Planning & Development Services, made initial comments and introduced consultant
35 Dr. Kenneth Tramm with Kleinfelder.
36
37 Dr. Kenneth Tramm, Kleinfelder, presented preliminary ambient air quality test results and
38 groundwater research and responded to questions from the Council and Commission.
39
40 Work Session Item No. 2A- Executive Session: Mayor Terrell called for an Executive Session at
41 6:04 p.m. Pursuant to Section 551.071, Texas Government Code, the Commission may meet in
42 executive session to consult with the City Attorney regarding matters authorized by Section 551.071,
43 including matters posted on this agenda. Executive Session began at 6:15 p.m. and ended at 7:15
44 p.m.
45
46 Work Session Item No. 2B — Reconvene: Mayor Terrell reconvened the Work Session at 7:20
47 p.m., no action necessary on items discussed in Executive Session.
48
Planning and Zoning Commission Meeting — September 9, 2010
Page 1 of 3
49 Work Session Item No. 5 — Discussion: Review of the City's Comprehensive Plan, Zoning
50 Ordinance, Gas and Oil Well Drilling and Production Ordinance and Road Repair Agreement:
51 This item was not discussed.
52
53 Work Session Item No. 6 — Discussion: Other Items Related to Gas Drilling and Production: This
54 item was not discussed.
55
56 Work Session Item No. 7 — Meeting Adjournment: Mayor Terrell adjourned the Work Session at
57 7:20 p.m.
58
59 REGULAR SESSION:
60
61 COMMISSIONERS PRESENT: Chairman Darrell Faglie, Vice - Chairman Robert Hudson and
62 Commissioners Michael Springer, Brigham McCown, Jim Hamel and Shahid Shafi.
63
64 COMMISSIONERS ABSENT: Joe Lancor
65
66 STAFF PRESENT: Dennis Killough, Deputy Director of Planning & Development Services; Daniel
67 Cortez, Planner I; Lorrie Fletcher, Planner I; Bob Price, Director of Public Works; Cheryl Taylor, Civil
68 Engineer; Steve Anderson, Civil Engineer; and Stephanie Breitbarth, Commission Secretary.
69
70 Agenda Item No. 1 — Call to Order: Chairman Faglie called the regular meeting to order at 7:23 p.m.
71
72 Agenda Item No. 2 — Executive Session: No Executive Session was taken by the Commission.
73
74 Agenda Item No. 3 — Approval of Minutes: Chairman Faglie opened discussion of the minutes of
75 the Regular Planning and Zoning Commission meeting held on August 19, 2010.
76
77 Made a motion to approve the minutes of the Regular Planning and Zoning Commission meeting
78 held on August 19, 2010.
79
80 Motion: Hudson
81 Second: Springer
82 Ayes: Shafi, McCown, Hudson, Hamel, Springer, Faglie
83 Nays: None
84 Abstain: None
85 Approved: 6-0
86 Motion: Approved
87
88 Agenda Item No. 4 — Administrative Comments: Dennis Killough, Deputy Director of Planning &
89 Development Services, stated that there were no administrative comments at this time.
90
91 Agenda Item No. 5 - ZA10 -050, Specific Use Permit for Shade Structures for Fireplug Inn:
92 Daniel Cortez, Planner I, presented this item to the Commission for a Specific Use Permit for Shade
93 Structures for Fireplug Inn, on property being described as Lot 3R11 R2, Green Meadow
94 Subdivision, Southlake, Tarrant County, Texas and being located at 2251 East Continental
95 Boulevard, Southlake, TX. Current Zoning: I1 — Light Industrial Zoning District. SPIN Neighborhood
96 #8. The Owner is Journey 5 Ventures, LLC. The Applicant is Fireplug Inn.
97
98 Nancy Wahl, 2251 E. Continental Boulevard, Southlake, TX; was present and spoke on this item
99 and was available to responded to questions from the Commission.
Planning and Zoning Commission Meeting — September 9, 2010
Page 2 of 3
100
101 Chairman Faglie opened the public hearing.
102
103 No one from the audience came forward to speak.
104
105 Chairman Faglie closed the public hearing and called for further discussion. No further discussion
106 took place.
107
108 Made a motion to approve ZA10 -050, Specific Use Permit for Shade Structures for Fireplug Inn,
109 subject to Site Plan Review Summary No. 1, dated September 2, 2010.
110
111 Motion: Hudson
112 Second: Springer
113 Ayes: Shafi, McCown, Hudson, Hamel, Springer, Faglie
114 Nays: None
115 Abstain: None
116 Approved:6 -0
117 Motion: Approved
118
119 Agenda Item No. 6 - Meeting Adjournment: Chairman Faglie adjourned the meeting at 7:30 p.m.
120 on September 9, 2010.
121
122
123
124 /t - �----
125 Darrell Faglie
126 Chairman
127
128 ATTEST:
129
130
132 C [O /(24 / G _0/ ``
���lJ t N
133 Step h€ J. Br arth
134 Commission Secretary
Planning and Zoning Commission Meeting — September 9, 2010
Page 3 of 3
Joint City Council /P &Z Commission meeting Southlake Council Chambers
Time Speaker Note
5:08:15 PM Mayor Terrell Called the joint work session to order.
5:08:28 PM Ken Baker Introduction of Kleinfelder consultant, Dr. Kenneth Tramm and
reviewed the order of events for the meeting.
5 :10:26 PM Dr. Kenneth Preliminary comments.
Tramm of
Kleinfelder
5 :55:27 PM Dr Tramm Concluded presentation and answered questions
5:56:43 PM Ken Baker Identified water wells in drill area
6:04:45 PM Mayor Terell Called for an executive session
7:20 :26 PM Mayor Terrell Reconveined from executive session and adjourned the joint work
session.
7:23:55 PM Chairman Brought the regular meeting of the Planning & Zoning Commission
Faglie meeting to order.
7:24:07 PM Chairman Consider the minutes from the August 19, 2010 Planning & Zoning
Faglie Commission meeting.
7:24 :16 PM Vice- Made a motion to approve the minutes from th August 19, 2010
Chairman Planning & Zoning Commission; Commissioner Springer 2nd the
Hudson motion; Approved 6 -0.
7:24:42 PM Chairman Consider Administrative Comments. Dennis Killough, Deputy Director'
Faglie of Planning & Development Services, stated there were no
comments at this time.
7:24:51 PM Chairman Consider ZA10 -050, Specific Use Permit for Shade Structures for •
Faglie Fireplug Inn, Daniel Cortez, Planner I, presented this item to the
Commission.
7 :27 :58 PM Chairman Called for the applicant
Faglie
•
7 :28:05 PM Nancy Wahl 2251 E Continental Blvd., Southlake, TX; was present and •
responded to questions from the commission.
7:29 :23 PM Chairman Opened the Public Hearing; no one was present to speak on this
Faglie item.
7:29:29 PM Chairman Closed the Public Hearing.
Faglie
7:29:33 PM Chairman Consider discussion from the Commission; no further discussion
Faglie took place.
7:29:36 PM Vice- Made a motion to approve ZA10 -050, Specific Use Permit for Shade •
Chairman Structures for Fireplug Inn, subject to Site Plan Review Summary No.
Hudson 1, dated September 2, 2010; Commissioner Spinger 2nd the motion; .
Approved 6 -0.
7 :30:26 PM Chairman Adjourned the meeting.
Faglie
9/9/2010 1 of 1
CITY OF
SOUTHLAKE
TEXAS
PLANNING AND ZONING COMMISSION MEETING: SEPTEMBER 9, 2010
LOCATION: 1400 Main Street, Southlake, Texas
Work Session Executive Conference Room, Suite 268 of City Hall
Or City Council Chambers of City Hall
Regular Session City Council Chambers of City Hall
JOINT WORK SESSION: 5:00 P.M. Joint Work Session of the City of Southlake
City Council and Planning and Zoning
Commission.
1. Call the Work Session to Order.
2. A. Executive Session: Pursuant to Section 551.071, Texas Government Code, the City
Council and the Planning and Zoning Commission may meet in executive session to
consult with the City Attorney regarding matters authorized by Section 551.071 including
matters posted on this agenda.
1. Section 551.071: Consultation with attorney:
a. Seek advice of the city attorney regarding gas drilling and production and gas utility
companies.
b. Seek advice of the city attorney regarding conflict of interest:
Discuss Chapter 171 and City Code of Ethics.
B. Reconvene: Reconvene the meeting and take any action necessary on items discussed
in Executive Session.
3. Discussion: Overview of preliminary ambient air quality test results.
4. Discussion: Overview of groundwater research.
5. Discussion: Review of the City's Comprehensive Plan, Zoning Ordinance and Gas and Oil
Well Drilling and Production Ordinance and Road Repair Agreement.
6. Other items related to gas drilling and production.
7. Work Session Adjournment
REGULAR SESSION: 7:00 P.M. or immediately following the work session.
1. Call to Order.
2. A. Executive Session: Pursuant to Section 551.071, Texas Government Code, the
Commission may meet in executive session to consult with the City Attorney regarding
matters authorized by Section 551.071, including matters posted on this agenda.
1. Section 551.071: Consultation with attorney:
PLANNING AND ZONING COMMISSION AGENDA
September 9, 2010
PAGE 2
a. Seek advice of the city attorney regarding gas drilling and production and gas utility
companies.
b. Seek advice of the city attorney regarding conflict of interest:
Discuss Chapter 171 and City Code of Ethics.
B. Reconvene: Reconvene the meeting and take any action necessary on items discussed
in Executive Session.
3. Approval of the minutes for the Planning and Zoning Commission meeting held on August 19,
2010.
4. Administrative Comments.
REGULAR AGENDA:
5. Consider: ZA10 -050, Specific Use Permit for Shade Structures for Fireplug Inn, on
property being described as Lot 3R11 R2, Green Meadow Subdivision,
Southlake, Tarrant County, Texas and being located at 2251 East Continental
Boulevard, Southlake, TX. Current Zoning: 11 Light Industrial Zoning District.
SPIN Neighborhood #8.
PUBLIC HEARING
6. Consider: MEETING ADJOURNMENT
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 3, 2010, by 6:00 p.m., pursuant to the
Texas overnment Code, Chapter 551.
i
Lori Payne, TRW? A a
City Secretary
's .e oa
If you plan to attend this pu&p m tang° nd have a disability that requires special needs, please advise the
City Secretary 48 hours in advafio,'f',1707`48 -8016, and reasonable accommodations will be made to assist
you.