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2011-01-18 CITY O F SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 18, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, and Councilmembers Carolyn Morris, Pamela A. Muller, Jeff Wang and Al Zito (arrived at 5:51 p.m.) CITY COUNCIL ABSENT: Mayor Pro Tem Laura K. Hill and Deputy Mayor Pro Tem Brandon Bledsoe STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Assistant to the Director Candice Sanders, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Purchasing Manager Tim Slifka, Municipal Court Supervisor Leah Huff, Director of Planning and Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Clayton Comstock, Chief of Fire Services Mike Starr, Fire Lieutenant Marshall Urbanosky, Chief of Police Services Robert Finn, Community Initiatives Supervisor Mike Bedrich, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Operations Manager Chuck Kendrick, Civil Engineer Steve Anderson, Civil Engineer Michelle McCullough, Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor, and Interim City Secretary Tara Brooks WORK SESSION: Agenda Item No. 1. Call to order. The Work Session was called to order by Mayor Terrell at 5:40 p.m. Agenda Item No. 2. Invocation. Clayton Reed from Southlake Baptist Church gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Safety Town Park. Assistant City Manager / Director Blagg presented this item to Council. Council discussed Safety Town Park. City Manager Yelverton and City Attorney Taylor answered Council's questions. Agenda Item No. 4. Discuss all items on tonight's meeting agenda. No action was taken during the Work Session and each item was considered during the Regular Session. Council reviewed the items on the Consent Agenda. Item 4R was removed from the REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2011 Page 1 of 12 Consent Agenda. Item 8A, declaring a 180 -day moratorium, was added to the Consent Agenda. REGULAR SESSION: Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to order by Mayor Terrell at 6:43 p.m. Agenda Item No. 2A. Executive Session. Mayor Terrell announced 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 6:43 p.m. Executive Session began at 7:07 p.m. and ended at 7:27 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:46 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Agenda Item No. 3B1. City Manager's Report - Southlake Interactive Maps Redesign. City Manager Yelverton introduced Community Relations Officer Schank who demonstrated the new design. Agenda Item No. 3C. Southlake Sister Cities / Southlake Business Council Report. Assistant to the Director Sanders introduced Nora Parks, Secretary of Southlake Sister Cities. Ms. Parks briefed Council on Sister Cities activities in 2010 and introduced Lieutenant Urbanosky who served as the chaperone for the 2010 trip to Tome, Japan. Lieutenant Urbanosky presented gifts that were given from Tome. Council Member Wang briefed Council on the recent trip he took with Mayor Terrell to Suzhou Wuzhong District, China and presented a gift that was given by them. Mayor Terrell introduced Director Last who discussed the joint efforts of Southlake Sister Cities and the Southlake Business Council and introduced Peter Ermish from Vario Systems. Mr. Ermish discussed the economic investment his company is making in Suhou and the positive economic impact it will have on Southlake. Agenda Item No. 3D. Southlake Arts Council Report. A written report was provided to Council. CONSENT AGENDA: Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items into the record. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2011 Page 2 of 12 Agenda Item No. 4A. Approve the minutes from the January 4, 2011 regular City Council meeting and from the January 5, 2011 special City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Authorize the first contract renewal with Alpine Tree Service for tree services. A presentation was not made on this item. Agenda Item No. 4C. Approve a Community Services Agreement with Call -A -Ride Southlake, Inc. (CARS). A presentation was not made on this item. Agenda Item No. 4D. Approve a Community Services Agreement with Metroport Meals on Wheels. Director Tribble answered questions about this item. Mary King, Executive Director of Metroport Meals on Wheels, answered Council's questions and provided information on Sadie's Consignment Shop. Agenda Item No. 4E. Approve a Community Services Agreement with Grapevine Relief and Community Exchange (GRACE). A presentation was not made on this item. Agenda Item No. 4F. Approve a Community Services Agreement with Southlake Historical Society. A presentation was not made on this item. Agenda Item No. 4G. Approve a Community Services Agreement with Southlake Sister Cities. A presentation was not made on this item. Agenda Item No. 4H. Approve a Community Services Agreement with SafeHaven of Tarrant County. A presentation was not made on this item. Agenda Item No. 41. Approve a Community Services Agreement with the Southlake DPS Citizen's Association. A presentation was not made on this item. Agenda Item No. 4J. This item intentionally left blank. Agenda Item No. 4K. Award annual purchasing agreement for signs and pavement markings to Pathmark Traffic Products of Texas, Inc, and Vulcan, Inc. Operations Manager Kendrick and Purchasing Manager Slifka answered Council's questions on this item during the work session. Agenda Item No. 4L. Award annual purchasing agreement for utility parts to Atlas Utility Supply and H. D. Supply Waterworks. Operations Manager Kendrick and Purchasing Manager Slifka answered Council's questions on this item during the work session. Agenda Item No. 4M. Approve the Utility Adjustment Agreement Amendment to the DFW Connector Master Utility Adjustment Agreement in the amount of $156,859.58 for design and construction of the relocation of City water and wastewater utilities for the DFW Connector project. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2011 Page 3 of 12 Agenda Item No. 4N. Approve an Encroachment and Joint Use Agreement of a public drainage and utility easement at 708 Castle Rock Drive. A presentation was not made on this item. Agenda Item No. 40. This item intentionally left blank. Agenda Item No. 4P. Approve support and maintenance contract in the amount of $63,150.47 to Tyler Technologies. Director Jackson answered Council's questions on this item. Agenda Item No. 4Q. Approve a Plat Extension request for ZA08 -104, Plat Revision for Southlake Regional Medical Center located at 335 East State Highway 114 and 440 East Highland Street. Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #7. A presentation was not made on this item. Agenda Item No. 4R. SV10 -026, Variance to Sign Ordinance No. 704, as amended, for Red Doq Right located at 3311 East State Highway 114. Councilmember Muller requested this item be removed from the Consent Agenda. Mayor Terrell announced it would be considered at the end of the agenda. Agenda Item No. 4S. Ordinance No. 995, 1 Reading, Appointing an Alternate Municipal Judge and authorizing the mayor to execute an agreement with the Alternate Municipal Judge and providing an effective date. A presentation was not made on this item. Agenda Item No. 4T. Approve a policy for the display of art in public facilities. This item was administratively tabled to the January 25, 2011 special City Council meeting. Agenda Item No. 4S. Ordinance No. 480 -601 (ZA10 -060), 1 Reading, Zoning Change and Development Plan for Highland Park on property being described as Tract 1B02, W.W. Hall Survey, Abstract No. 687 and Lot 1 R2, Block 1, Southlake Assembly of God Addition and being located at 151 and 411 East Highland Street. Current Zoning: AG Agricultural Zoning District and CS Community Service Zoning District. Requested Zoning: R -PUD Residential Planned Unit Development Zoning District. SPIN Neighborhood #7. This item was administratively tabled to the January 25, 2011 special City Council meeting. Agenda Item No. 8A. Resolution No. 11 -005, Declare a 90 -Day Moratorium on the acceptance or processing of applications for well permits and specific use permits to permit mineral extraction through oil and gas exploration or operations, and on the acceptance or processing of applications for regulated or unregulated pipeline permits within the corporate limits of the City of Southlake. Council changed the period of the moratorium to 180 days. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2011 Page 4 of 12 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION DECLARING A 180 DAY MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR WELL PERMITS AND SPECIFIC USE PERMITS TO PERMIT MINERAL EXTRACTION THROUGH OIL AND GAS EXPLORATION OR OPERATIONS, AND ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR REGULATED OR UNREGULATED PIPELINE PERMITS WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE; DIRECTING THE CITY STAFF TO INITIATE A COMPREHENSIVE REVIEW OF THE CITY'S ORDINANCES GOVERNING PROCEDURES FOR OIL AND GAS EXPLORATION AND OTHER FORMS OF MINERAL EXTRACTION, PRODUCTION AND TRANSPORTATION AND TO PROPOSE REVISIONS THERETO; PROVIDING FOR A METHOD OF REPEAL OF THIS MORATORIUM; PROVIDING A PROCEDURE FOR A VARIANCE FROM THIS MORATORIUM; AND PROVIDING THAT THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE. Motion was made to approve the consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; 4H; 41; 4K; 4L; 4M; 4N; 4P; 4Q; 4S; 4T to table to the January 25, 2011 special City Council meeting; 4U to table to the January 25, 2011 special City Council meeting; and 8A changing the moratorium period to 180 -days. (Item 4R was removed from the consent agenda.) Motion: Morris Second: Muller Ayes: Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 5 -0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during public forum. Mayor Terrell announced item 6D would be heard next. Agenda Item No. 6D. ZA10 -070, Site Plan for Shade Structures at Johnson Elementary School on property being described as Lot 13R1, F. Throop No. 1511 Addition, and being located at 1301 North Carroll Avenue. Current Zoning: CS Community Service Zoning District. SPIN Neighborhood #3. Planner Comstock presented this item to Council. No one spoke during the public hearing. Motion was made to approve ZA10 -070, Site Plan for Shade Structures at Johnson Elementary School for two shade structures as presented with the dark green fabric and the green metal posts; granting the variance request and subject to the Planning and Zoning Commission's recommendations. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2011 Page 5 of 12 Motion: Morris Second: Muller Ayes: Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 5 -0 Agenda Item No. 6A. Ordinance No. 480 -598 (ZA10 -039), 2 Reading, Zoning Change and Concept Plan for Southlake Montessori on property being legally described as Lot 4, Block 1, Pecan Creek Addition and being located at 731 Zena Rucker Road. Current Zoning: 0-1 Office Zoning District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #9. Director Baker presented this item to Council. Applicant Skip Blake from Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas addressed the changes that were made in this plan after the first reading and answered Council's questions. Applicant Kerry Clarke, 1212 Provence Lane, Southlake, Texas answered questions about the fence and pond. Derek Citty with the Carroll ISD discussed their opinions of the plan and answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS LOT 4, BLOCK 1, PECAN CREEK ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.25 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM " "0-1" OFFICE ZONING DISTRICT TO "S -P -2" GENERALIZED SITE PLAN ZONING DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480 -598 (ZA10 -039), 2 Reading, Zoning Change and Concept Plan for Southlake Montessori requiring the fountain and pond to be installed as presented by the applicant; requiring wrought iron fencing around the REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2011 Page 6 of 12 pond as presented by the applicant; requiring wrought iron fencing around the property line; relocating the two parking spaces on the northwest corner as indicated; subject to Review Summary No. 5 dated January 11, 2011; and subject to the Planning and Zoning Commission recommendations. Motion: Morris Second: Muller Ayes: Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 5 -0 Agenda Item No. 6B. Ordinance No. 480 -439a (formerly noted as 480 -602) (ZA10- 065), 2nd Reading, Zoning Change and Site Plan for Texas Digestive Disease Consultants on property being described as Lot 5R, Block 5, Cornerstone Business Park Addition and being located at 505 South Nolen Drive. Current Zoning: S -P -2 Generalized Site Plan District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #8. Director Baker presented this item and answered Council's questions simultaneously with item 6C. Applicants John Blacker with Hart, Gaugler, 12801 North Central Expressway, Suite 1400, Dallas, Texas; Chris Kupcunas with BBK Architects, 1300 Main Street, Dallas, Texas; and Shane Garthoff with Garthoff Designs, 5646 Milton Drive, Dallas, Texas gave a presentation and answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS LOT 5R, BLOCK 5, CORNERSTONE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 9866, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.7173 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "C -2" LOCAL RETAIL COMMERCIAL DISTRICT AND "1 -1" LIGHT INDUSTRIAL DISTRICT USES TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "C -2" LOCAL RETAIL COMMERCIAL DISTRICT AND "1 -1" LIGHT INDUSTRIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2011 Page 7 of 12 CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480 -439a (formerly noted as 480 -602) (ZA10 -065), 2nd Reading, Zoning Change and Site Plan for Texas Digestive Disease Consultants granting the requested variance to driveway stacking; subject to the Planning and Zoning Commission's recommendations; subject to the applicant's presentation, subject to the revised S -P -2 letter dated January 18, 2011 limiting permitted uses and allowing covered parking over twelve spaces as shown on the site plan and on the elevation renderings; subject to the presentation by the applicant; and subject to Site Plan Review Summary No. 3, dated December 17, 2010. Motion: Morris Second: Muller Ayes: Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 5 -0 Agenda Item No. 6C. ZA10 -075, Plat Revision for Lot 5R1, Block 5, Cornerstone Business Park, being a replat of Lot 5R, Block 5, Cornerstone Business Park, being currently addressed as 505 South Nolen Drive. Current Zoning: S -P -2 Generalized Site Plan Zoning District. Proposed Zoning: S -P -2 Generalized Site Plan. SPIN Neighborhood #8. Director Baker presented this item and answered Council's questions simultaneously with item 6B. Applicants John Blacker with Hart, Gaugler, 12801 North Central Expressway, Suite 1400, Dallas, Texas; Chris Kupcunas with BBK Architects, 1300 Main Street, Dallas, Texas; and Shane Garthoff with Garthoff Designs, 5646 Milton Drive, Dallas, Texas gave a presentation and answered Council's questions. Motion was made to approve ZA10 -075, Plat Revision for Lot 5R1, Block 5, Cornerstone Business Park, being a replat of Lot 5R, Block 5, Cornerstone Business Park subject to Plat Review Summary No. 2, dated January 6, 2011. Motion: Morris Second: Muller Ayes: Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 5 -0 Agenda Item No. 6E. ZA10 -073, Site Plan for Chicken Express on property being described as Lot 6, Block 1, Mesco Addition and being located at 2120 East State Highway 114. Current Zoning: S -P -2 Generalized Site Plan Zoning District. SPIN Neighborhood #4. Planner Comstock presented this item and answered Council's questions simultaneously with items 6F and 6G. Applicant, Martin Schelling with Conifer Real Estate at 260 Miron Drive, Southlake, Texas made a presentation and answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2011 Page 8 of 12 No one spoke during the public forum. Motion was made to approve ZA10 -073, Site Plan for Chicken Express on property being described as Lot 6, Block 1, Mesco Addition granting the requested variance to the roof design allowing the mansard roof with the dark brown color as presented; subject to the Planning and Zoning Commission's recommendations with the exception of the additional color enhancements; subject to Review Summary No. 2 dated December 21, 2010; subject to the applicant's presentation; and subject to the landscape changes as presented. Motion: Morris Second: Muller Ayes: Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 5 -0 Agenda Item No. 6F. ZA10 -074, Plat Revision for Lot 6R and Lot 7R, Block 1, Mesco Addition, being a replat of Lots 6 and 7, Block 1, Mesco Addition, being currently addressed as 2104 and 2120 East State Highway 114. Current Zoning: S -P -2 Generalized Site Plan Zoning District. SPIN Neighborhood #4. Planner Comstock presented this item and answered Council's questions simultaneously with items 6E and 6G. Applicant, Martin Schelling with Conifer Real Estate at 260 Miron Drive, Southlake, Texas made a presentation and answered Council's questions. Motion was made to approve ZA10 -074, Plat Revision for Lot 6R and Lot 7R, Block 1, Mesco Addition, being a replat of Lots 6 and 7, Block 1, Mesco Addition. Motion: Morris Second: Muller Ayes: Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 5 -0 Agenda Item No. 6G. MSP10 -007, Master Sign Plan for Chicken Express located at 2120 East State Highway 114. Planner Comstock presented this item and answered Council's questions simultaneously with items 6E and 6F. Applicant, Martin Schelling with Conifer Real Estate at 260 Miron Drive, Southlake, Texas made a presentation and answered Council's questions. Motion was made to approve MSP10 -007, Master Sign Plan for Chicken Express requiring that no logos be used on the monument sign, only standard letters; the first panel on the monument sign will become the standard for the other signs; granting three building signs as presented with their standard logo with "Chicken Express "; and granting the drive through menu board. Motion: Morris Second: Muller Ayes: Morris, Muller, Terrell, Wang, Zito REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2011 Page 9 of 12 Nays: None ' Approved: 5 -0 Mayor Terrell moved item 6H to the end of the agenda and item 9A was heard next. Agenda Item No. 9A. SV10 -028, Variance to Sign Ordinance No. 704, as amended, for 7- Eleven located at 2100 East Southlake Boulevard. Planner Comstock presented this item and answered Council's questions. Applicant Tommy Bell, 4250 Action Drive, Mesquite, Texas answered Council's questions. Motion was made to deny SV10 -028, Variance to Sign Ordinance No. 704, as amended, for 7- Eleven. Motion: Morris Second: Muller Ayes: Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 5 -0 (motion to deny) Agenda Item No. 9B. This item was intentionally left blank. Agenda Item No. 9C. SV10 -030, Variance to the 280 Sports Conditional Sign Permit for Spartan Sports located at 280 Commerce Street, Suite 130. Director Baker presented this item to Council. Seth Libert with Spartan Sports answered Council's questions. Motion was made to table SV10 -030, Variance to the 280 Sports Conditional Sign Permit for Spartan Sports to the January 25, 2011 special City Council meeting. Motion: Morris Second: Zito Ayes: Morris, Terrell, Wang, Zito Nays: Muller Approved: 4 -1 Agenda Item No. 4R. SV10 -026, Variance to Sign Ordinance No. 704, as amended, for Red Dog Right located at 3311 East State Highway 114. Director Baker presented this item and answered Council's questions. The applicants, Jeff Wells with B & B Signs, 2401 Hickory, Dallas, Texas and Jim Maness with Red Dog Right, 2426 Thorntree, Frisco, Texas answered Council's questions. Motion was made to approve SV10 -026, Variance to Sign Ordinance No. 704, as amended, for Red Dog Right stipulating the sign will have a 1 1 /2 inch black frame around the sign as indicated by the applicant; stipulating that the sign will be internally lit; requiring that seasonal color will be maintained year around as presented in the picture for the Red Lobster approval; and granting the requested variances. Motion: Morris Second: Zito REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2011 Page 10 of 12 Ayes: Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 5 -0 Agenda Item No. 6H. Resolution No. 11 -003, (ZA10 -077), Specific Use Permit for the Southlake Tailgate Event, being a mass gathering event, on property described as Blocks 12 -14, 17 and 18, Southlake Town Square, Phase IV and Blocks 3R2, 4R1 Southlake Town Square, Phase 1 and the location being bounded by East State Highway 114 to the north, Main Street to the south, State Street to the West and Central Avenue to the east. Current Zoning: DT Downtown Zoning District. SPIN Neighborhood #8. Director Baker presented this item to Council. Mayor Terrell and Director Tribble also provided information about the event. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR SOUTHLAKE TAILGATE EVENT ON FEBRUARY 5, 2011 ON PROPERTIES BEING BOUNDED BY STATE HIGHWAY 114 TO THE NORTH, MAIN STREET TO THE SOUTH, STATE STREET TO THE WEST AND CENTRAL AVENUE TO THE EAST BEING DESCRIBED AS BLOCKS 12 - 14, 17 AND 18, SOUTHLAKE TOWN SQUARE, PHASE IV AND BLOCKS 3R2, 4R1 SOUTHLAKE TOWN SQUARE, PHASE 1, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to Resolution No. 11 -003, (ZA10 -077), Specific Use Permit for the Southlake Tailgate Event. Motion: Zito Second: Muller Ayes: Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 5 -0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 11:14 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2011 Page 11 of 12 John Terrell Mayor ATTEST: Tara Brooks Interim City Secretary REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2011 Page 12 of 12 Hart, Gaugler & Associates, Inc. HGA Civil & Structural Engineering 0 January 18, 2011 Mr. Dennis Killough City of Southlake Department of Planning 1400 Main Street, Suite 310 Southlake, TX 76092 Re: Texas Digestive Disease Consultants - Medical Office Building HGA Project Number 210127 Dear Dennis: Texas Digestive Disease Consultants (TDDC) desires to build a new Medical Office Building on Lot 5R Block 5 of the Cornerstone Business Park located on Nolen Drive south of Silicon Drive in Southlake, Texas. The new Medical Office Building will be approximately 16,790 square feet. The property is currently zoned "S -P -2 with I -1 uses" as shown on the Concept Plan dated December 13, 2004 and the property has an Industrial Land Use Designation. Medical Office use is allowed in the I -1 base zoning but the Concept Plan for the lot in question listed 32,000 square feet for the allowable building size and listed 51 parking spaces on the plan. In the Development Regulations listed on the plan, the number of parking spaces may be adjusted +/- 10% and the building footprints /square footages are restricted to +/- 10% of the footprints /square footages shown. Our present Concept Plan and Site Plan include a building that is 48% smaller than that shown on the previous Concept Plan. Because of our office use we are proposing to provide 111 parking spaces. The maximum impervious coverage per the Concept Plan is 80 %. Our present Concept Plan and Site Plan include 56.76% of impervious coverage. In order to develop the property in a manner that is suitable to the needs of the Medical Office Building, the property will need to be rezoned. Our request is to revise the current zoning and Concept Plan to allow for the square footage and parking to meet the needs of our development. The S -P -2 regulations will remain the same except for the following: • Twelve covered parking spaces will be allowed in the area indicated on the site plan and as shown on the elevation and rendering. • The permitted uses for Lot 5R Block 5 (shown as Lot 3 on the Concept Plan) will be as follows: 1. Any uses permitted in the 0-1 Office District 2. Laboratory, chemical analysis, general analysis, physical testing 3. Health and physical fitness centers and gymnasiums, not to exceed 16,000 square feet 4. Commercial school, including trade school 5. Community Facility Uses - City hall, police and fire stations and other municipal uses 6. Manufacturing of medical and dental equipment 7. Public utility facilities Variance requests will include the following: • Driveway Stacking: The required internal storage, based on the average number of parking spaces per driveway (85.5) and based on the total number of parking spaces (342) is 100'. The minimum storage length shall be thirty -three (33) feet. 12801 N. Central Expressway • Suite 1400 • Dallas, TX 75243 • Voice 972 - 239 -5111 • Fax 972 - 239 -5055 Hart, Gaugler & Associates, Inc. HG A Civil & Structural Engineering I � 0 Thank you for your assistance on this project. Please contact me with any questions or comments you may have. Sincerely, Hart, Gaugler & Associates, Inc. John D. Blacker, P.E. Principal F:\ 2010\ 210127 \Civil\Submittals\2011 -01 -18 city council meeting\2011- 01-18 -LTR- zoning narrative - TDDC.doc 12801 N. Central Expressway • Suite 1400 • Dallas, TX 75243 • Voice 972 - 239 -5111 • Fax 972 - 239 -5055 Staff Notes -XTO — JGJ (Milner) Application SUP Summary — January 4th — 2011 A. The applicant has agreed to the following conditions (Below is a summary of the agreed conditions verbally provided by XTO at the January 4 City Council Meeting): 1) Perimeter fencing and screening to meet the intent of the ordinance including internal chain Zink fence inside screening wall for security purposes. 2) Video imaging placed or situated to capture all images on the production site. 3) Periodic air quality sampling by a 3rd party with air sampling results made available to the City (XTO indicated that they would need to be present if the consultant conducting the test was selected by the City). 4) Implement best management practices to adhere to State and Federal air quality standards. 5) Engineering casing and a cement program for all wells to be drilled. 6) Pre and post drilling water samples for water wells within 2000' of the well sites to be taken by a 3rd party with results /laboratory results made available to the city (XTO indicated that they would need to be present if the consultant conducting the test was selected by the City). 7) Where possible, all tanks and vessels will have a secondary containment system to prevent ground water contamination. 8) On disclosure, XTO will provide the City quarterly gas analysis information. 9) Will provide all MSDS sheets for types, volumes and concentration for all additives for the drilling and frac program. 10) Will meet with first responders from Southlake to access possible dangerous situations. B. Below is a summary of possible conditions to be part of the SUP application as discussed by City Council at the January 4th meeting 1) Limit SUP permit to 3 or 4 years with performance measures /milestones (discussed requiring a certain number of wells (i.e. 50% of the wells being completed by year 2) — also other performance measures discussed in terms of wells completed). 2) Vapor Recovery Systems on condensation tanks. Applicant indicated that a vapor recovery system could be installed if more than 12 barrels a day of condensate was produced on a single well. XTO would agree to install vapor recovery if liquid hydrocarbon present. 3) No -bleed valve — majority of valves no -bleed valves (choke and well head) — some low bleed valves — no high bleed valves. 4) No venting on the site. The applicant agreed to not complete the fracing process until a sales line is in place. 5) Air quality testing methodology to be consistent with the City's baseline testing methodology to allow for comparison purposes. The testing methodology is outlined in 1 1/18/2011 the Kleinfelder report dated October 1 and available on the City's web site. Need to finalize how often air quality testing is to be conducted. XTO will need to be on -site when testing is conducted if 3rd party used. 6) Thermo oxidizer will be used if necessary. 7) Groundwater testing of all water wells within 2000' of the pad site. Need to determine methodology and the how often testing is to be conducted. Pre and post testing required by ordinance (need to finalize how often testing is completed). XTO will need to be on- site when testing is conducted if 3 party used. 8) Hydraulic Surface testing of Carroll Creek (Assume pre and post drilling — same as groundwater testing ?) 9) Require a concrete drive to the pad site. 10) All truck access to be from State Highway 114. Long term use of Highland St. (Only access from SH 114) may be considered after drilling is completed for daily operation — such as for general site maintenance (water trucks emptying tanks). At no time shall trucks used for drilling operations (i.e. water trucks, rig trucks, pipe trucks) use Highland Street. 11) Leland Cyprus to be 16' tall at planting and staggered on 16' centers. Applicant has agreed to bring back a screening exhibit that meets intent of the City's ordinance. 12) Ultimate screening will meet the requirements of the ordinance . 13) Permanently screen and landscape north (SH 114) and east side after the rigs are mobilized (Need to clarify timing of the planting- screening, etc.- City Council requested renderings - Applicant asked the screening of the SE side be evaluated by a City Council member, Gas Inspector, and Milner family) C. XTO — Will bring the following to the February 1 meeting 1) Bring final screening plan and present to City Council. 2) All access from SH 114 for drilling operations. City Council to consider possible access drive from Highland after drilling completed for site maintenance only. Applicant needs to get feedback from the land owner. D. Other possible items to be discussed by City Council (based on lists provided by City Council Members). If the item or topic was discussed at the January 4 meeting- it is mentioned in the list below but limited details are provided. Noise 1) No fueled compressors /generators on site. Use electric motors only to drive compressors. 2) Soundproof blankets and walls not to be left up between drilling and frac times. 3) Any compression equipment shall be installed to meet ambient noise levels at the pad boundary. Use best efforts to locate compression equipment 1 mile away from any residence. 2 1/18/2011 • 4) Equip any and all compressors, machinery and drilling equipment with the latest technology in noise suppression, muffling devices and pollution constraints, including the suppression of dust, vibration, noxious odors airborne pollutants and harmful fumes. 5) No drilling or fracking operations between 6PM and 9AM M -F and not allowed on Saturdays /Sundays. Restrict workover operations to daytime hours. "workover" operations shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased or increase production. 6) Restrict workover operations to daytime hours. "Workover" operations shall mean work performed in a well after completion in an effort to secure production where there has been none prior or restore production that has ceased. 7) Employ or use a drilling rig that minimizes noise; use latest technologically advanced drilling rig. 8) Soundproof blankets /walls not to be left up between drilling /fracs for extended periods of time. 9) Acoustic barriers on 3 sides of the drill site prior to drilling. Include height requirement. 10) Clarify drilling and fracing times. 11) Report noise monitor reports be provided to the City on a weekly basis or after a citizen's complaint is received. Air 1) Air quality testing discussed at the January 4 meeting. Testing shall follow the methodology utilized by the city for the baseline analysis. City Council needs to finalize how often testing will be conducted (i.e. semi - annually or when elevated readings are observed on -site by the gas inspector). 2) The use of no bleed and low bleed valves discussed at the January 4 meeting. 3) The applicant agreed to "no venting" at the January 4 meeting. 4) High reflectivity paint (white or dull silver) on condensate tanks to reduce tank temperatures. 5) Concrete drive to reduce dust (discussed at the January 4th meeting). 6) Vapor Recovery systems (discussed at the January 4 meeting). 7) Ensure that all natural gas actuated line devices discharge into the sales line atmosphere. 8) Use pressurized interment air as the pneumatic fluid instead of natural gas. 9) Permanent air monitoring station reporting to TCEQ and City. 10) No drilling or fracing from May 1 to October 1. 11) No flaring into the atmosphere. 12) Require the preparation of an enhanced leak detection program 13) Require the preparation of a NORM (Normally Occuring Radioactive Materials) 14) Detail watering or wetting methods to control dust on site. Require a mud shaker for trucks leaving the site. 15) XTO to provide from the revolving account a hand -held air monitoring device to be used by the gas inspector for daily monitoring. 16) Agree to allow the gas inspector on -site for daily inspections. 3 1/18/2011 17) Discuss corrective action as a result of failed air test. Water/Water Quality 1) Clarify how potable water and sanitary services will be provided for the drill site. 2) How will water for fracing be brought to the site? Place condition of SUP if appropriate. 3) Pre -post water testing & flow rates for wells with 2000' of the well site (Discussed at the January 4 meeting. City Council needs to clarify the frequency of testing or when there is evidence of a spill on site). The following are suggested conditions: Require full compliance with the surface casing requirements imposed by the State of TX and the local municipality for groundwater protection. XTO shall install such surface casing in the required manner in order to insure the protection of all fresh water bearing formation under the land. Further, XTO agrees to reimburse municipality to conduct water testing for all existing water well s at or near the well site (within 2 miles) that are accessible for testing, as follows: (i) an initial baseline water quality test to be conducted no more than sixty (60) days before Lessee commences actual drilling for the first well from the Lessee's drill site located on Lands to be pooled with the land, and (ii) re- testing one year following completion of the first well, and (iii) repeat testing every three years thereafter , as long as the site remains operational and then for 12 years after the site is removed from operation. The testing shall be done by a qualified professional water testing from and will include, but not be limited to, testing for gas, minerals, metals, volatile organic compounds (VOC's), and semi - volatile organic compounds (SVOC's) or other compounds identified on the MSDS sheets. 4) Recycling of waste fluid products for future fracking. 5) Water well testing will be paid from the XTO revolving account. 5) Testing methodology should test for compound identified in the fracing fluids as identified on the MSDS sheets provided. 6) XTO may only purchase city water during non -peak usage times. 7) If a City fresh water well source is used to provide water for fracing, a certified hydrologist hired by the city and paid through the revolving account is required to show that there is no impact on the water table. 8) Testing of suface water (Carroll Creek). City Council needs to clarify the type of test and the frequency of testing. Testing will be paid for from the revolving account. 9) Discuss erosion control measures and place conditions on the SUP if warranted. 10) Install secondary containment around all separators, tank batteries, and other equipment on the drill site. 11) Install "triple" casing. Permit a city contracted petroleum engineer on -site during casing installation and allow review of relevant reports. The engineering consultant fee will be reimbursed through the revolving account. XTO will give the City 72 -hour notice prior to the well casing being set. 12) Discuss corrective action for a failed test result. 13) Require a containment barrier around the site and a minimum 10' above any FEMA identified 100 -year flood plain. 4 1/18/2011 Lighting 1) While any operations are taking place at the site, the operator should attempt to shield or direct the light away from adjoining neighborhoods. However, at no time should this result in compromising safety on -site. All lighting shall meet any and all State or Federal regulations. Equipment 1) Require a Closed Loop Mud System to be utilized. 2) Installation of a sub surface shut off valve. Valve must be tested and results reported at least once a year to the City. 3) Equipment on -site shall be low- profile and not exceed 8'. Equipment should not be visible from adjacent ROW. 4) Utilize the three — pipe system. 5) Commitment from XTO that all wells will be capped in accordance with State and Federal regulations at such time production ceases. 6) Utilize a "short" rig (75') 7) Discuss maintenance plan for equipment. 8) How will the rig be powered? Screening, Landscaping and Security Fencing 1) Fencing and screening to follow City ordinance (Discussed at the January 4 City Council meeting). 2) Discuss video survelliance and other security measures on -site (locking gates) (Discussed at the January 4 City Council meeting). 3) Provide interior chain -link security fencing around equipment. This is in addition to the screening fence. 4) Ensure irrigation system and landscape maintenance plan is in place. 5) Irrigation bubblers to be installed to provide water to landscaping materials. 6) Establish timing when trees, landscaping and screening will be installed. Tree Mitigation 1) Mitigate trees removes on site or removed during the installation of the pipeline or pay into the City's reforestation fund. Traffic 1) Site must be accessed from SH 114 only. No access from Highland Street. Future access from Highland Street may be considered at a later date for site service vehicles only (Discussed at the January 4 City Council meeting). 5 1/18/2011 Other Health & Safety Matters 1) XTO to work with the City's first responders to discuss potential dangerous situations (Discussed at the January 4 City Council meeting). 2) Work with the City's DPS Department to develop an emergency notification plan within a 1 mile radius of the well site. 3) File well head gas analysis with the city on a quarterly basis (Discussed at the January 4 City Council meeting). 4) Report all spills and leaks to the City within one hour. Require follow up report within seven days detailing chemicals released, impacts of the release, methods used to address the spill or leak, and correction measures to ensure no future spills /leaks. 5) How will waste and sledge be removed from the site? 6) Require a 100 million dollar bond with the City. 7) Discuss the living quarters on -site (how many, duration, etc.). 8) Discuss the storage of chemicals on -site. 9) Commitment to work with the Land Plan Hospital on an evacuation plan if the facility is built. 10) Require a documented disaster plan be developed with DPS and place on file with the City. Signage 1) What type of on -site signage is provided? 2) How will the City be ensured that emergency contact numbers on -site are kept up to date? Pipeline 1) Limit pipeline pressure to 330 PSI 2) Address any concerns for conflict with City utilities. 3) Require pipeline to be installed in the SH 114 ROW. 4) Trenching for pipelines to be located in areas with no tree covers. 5) Trees removed as a result of pipeline installation should be mitigated. 6) Install DIG tape with pipelines. 7) Notification of residents within 1000' of boring process that the process will continue uninterrupted for 24 hours or will occur on a Sunday. 6 1/18/2011 PZ Commission Recommendations November 18, 2010; (Hudson) Motion to Approve GAS10 -004, Specific Use Permit for Gas and Oil Drilling and Production at the JGJ Unit subject to the staff report dated November 12, 2010; noting the following: • The applicant's willingness to provide information on the previous violations regarding well and drilling operations for State and Federal regulations; • The specific use permit will be limited to five (5) years for completion of all wells at the pad site; • The applicant's willingness to provide the City data on the frac fluid recovery analysis; • The applicant's willingness to provide the MSDS on all chemicals other than water used at the site; • The applicant's willingness to review periodically but no Tess than once every 3 to 5 years opportunities to upgrade and improve equipment and to incorporate new technology regarding safety and production; • Subject to the testing of water wells both pre and post drilling and annually thereafter to confirm the analysis for safety of the groundwater supply, or more often in the event of a spill or a casing rupture, within 8,000 feet of the pad site — subject to the statistical significant representative sample; • The applicant's willingness to assist in the training of the first responders; • Approving the applicant's request for an alternative material of crushed gravel for the access driveway (as described in the ordinance) as opposed to only concrete; • The applicant's willingness to install dig tape one foot above the trenched pipeline and provide U.S. Department of Transportation and Texas Railroad Commission annual reports to the City; 7 1/18/2011 110Z S£ 90'91 LI uor .p i "'ooM Sl - cold al!S csad w' \w!I ° \0£WI\ 3 M O N O 1 ., N '4 i til § 11 a a} m o W a ` s s j N � Sc., y � o N _ ij m S Z Q 7 I o d i; a pry y a� ce ..". i 0 x / O lig D 1 1 8 it a La t 1 1 ° I iii y 8 g s i ! 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