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Item 4ACITY OF SOUTHLAK,E TEXAS REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 7, 2010 LOCATION 1400 Main Street, Southlake, Texas 76092 City Council Chambers 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. 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 Kari Happold, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Stacey Black, Director of Information Technology Dale Dean, Director of Planning and Development Services Ken Baker, Planner II Clayton Comstock, Planner II Lorrie Fletcher, Chief of Fire Services Mike Starr, Fire Marshal David Barnes, Chief of Police Services Robert Finn, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Steve Anderson, Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor, and City Secretary Lori Payne. WORK SESSION Agenda Item No. 1. Call to order The Work Session was called to order by Mayor Terrell at 5:38 p.m. Agenda Item No. 2. Invocation David Whitington from Christ Our King Church gave the invocation. Mayor Terrell led the pledge of allegiance. Aaenda Item No. 3A. FY 2011 Proiect Priorities: Pathways Construction Prioritv List Agenda Item No. 3B. FY 2011 Project Priorities: Wayfinding Signage Priority List. Aaenda Item No. 3C. FY 2011 Proiect Priorities: Beautification of Public Areas Proiect Priority List. Mayor Terrell announced these items would be moved to a future Council meeting and will not be discussed at this meeting. 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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 1 of 16 REGULAR SESSION Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to order by Mayor Pro Terrell at 5:45 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 5:45 p.m. Executive Session began at 5:57 p.m. and ended at 7:47 p.m. Agenda Item No. 2B. Reconvene Mayor Terrell reconvened the regular meeting at 7:59 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. 3B. City Manager's Report. A report was not given. Agenda Item No. 3C. Parks and Recreation Board Report. A written report was provided in the Council's meeting packet. 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. Agenda Item No. 4A. Approve the minutes from the November 16, 2010 regular City Council meeting and from the November 29, 2010 special City Council meeting. The minutes were approved as presented. Councilmember Wang abstained from voting on the minutes from the November 16, 2010 City Council meeting. Agenda Item No. 4B. Cancel or reschedule the December 21, 2010 City Council meeting. Council canceled the December 21, 2010 City Council meeting. Agenda Item No. 4C. Approve an Interlocal Agreement for engineering design of the F.M. 1938 Phase II Roadway Improvement Project with Tarrant County. A presentation was not made on this item. Agenda Item No. 4D. Approve an Interlocal Agreement for engineering and landscape design for the F.M. 1938 Phase II Roadway Improvement Project with the City of Keller. A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 2 of 16 Agenda Item No. 4E. Approve a renewal contract with Crowley Sports Officials for sports officiating and scorekeeping services in the amount of $100,130. A presentation was not made on this item. Agenda Item No. 4F. Resolution No. 10 -060, Appoint members to the Audit and Finance Committee. Council appointed John Terrell, Brandon Bledsoe and Al Zito to the Audit and Finance Committee. Agenda Item No. 4G. Ordinance No. 993, 1 st Reading, Amend Chapter 11, Offenses and Miscellaneous Provisions of the City Code of Ordinances, as amended, by adding Article V, prohibiting the possession, purchase, sale and ingestion of certain drugs. A presentation was not made on this item. Agenda Item No. 4H. Approve renewal of Tennis Center Management Agreement with Stephen and Mia Poorman, dba Roxy Tennis, L.L.C., for one year. A presentation was not made on this item. Agenda Item No. 41. Ordinance No. 480 -598 (ZA10 -039), 2 nd 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. This item was administratively tabled and the public hearing continued to the January 4, 2011 City Council meeting. Agenda Item No. 4J. Ordinance No. 480 -BBBB, 2 nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to termination or amortization of non - conforming uses. This item was administratively tabled and the public hearing continued to the January 4, 2011 City Council meeting. Agenda Item No. 8A. Resolution No. 10 -061, Establish the City of Southlake's Legislative Agenda for the 82 Texas Legislative Session. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOULTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING A LEGISLATIVE AGENDA FOR THE 82 TEXAS LEGISLATIVE REGULAR SESSION. Motion was made to approve consent agenda items 4A; 413; 4C; 4D; 4E; 4F to appoint John Terrell, Brandon Bledsoe and Al Zito to the Audit and Finance Committee; 4G; 4H; to table item 41 and to continue the public hearing to the January 4, 2011 City Council meeting; to table item 4J and to continue the public hearing to the January 4, 2011 City Council meeting; and item 8A. Motion: Hill Second: Bledsoe UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 3 of 16 Vote on all consent agenda items with the exception of item 4A, approval of the minutes from the November 16, 2010 City Council meeting: Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Vote on consent agenda item 4A, approval of the minutes from the November 16, 2010 City Council meeting: Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito Nays: None Abstain: Wang Approved: 6 -0 -1 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during the public forum. Aaenda Item No. 6A. Ordinance No. 480 -549B (ZA10 -054). 2 nd Readina. Zonin Change and Site Plan for Tower Plaza on property being described as Tract 3B, 31301 and a portion of Tract 3D01, Obediah W. Knight Survey, Abstract No. 899, and being located at 821, 829 and 835 East Southlake Boulevard. Current Zoning: S -P -1 Detailed Site Plan District. Reauested Zonina: S -P -1 Detailed Site Plan District. SPIN Neighborhood #9. Director Baker presented this item to Council. Applicant Skip Blake made 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 LEGALLY DESCRIBED AS TRACTS 3B & 31301, AND A PORTION OF TRACT 3D01, O.W. KNIGHT SURVEY, ABSTRACT No. 899 AND BEING APPROXIMATELY 5.84 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE 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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 4 of 16 Mayor Terrell opened the public hearing and read comment cards from those who were in support but did not wish to speak: Sanjay Agrawal, 4311 Bretton Bay Lane, Dallas, Texas; Michael Conroy, 7010 Orchard Hill Court; Sheila Cross, 7008 Lismore Court, Colleyville, Texas; Mike Farhat, 1060 Harbor Haven, Southlake, Texas; Mark Greenberg, 910 East Southlake Boulevard, Southlake, Texas; Kathie Lower, 2206 Shady Vista; Parind Patel, 910 East Southlake Boulevard, Southlake, Texas; Zena Rucker, 650 South Carroll Avenue; Southlake, Texas; Thomas Schott, 910 East Southlake Boulevard, Southlake, Texas; and, Neil Williams, 605 Nicholas Court. Xian Fang, 1915 Kings Pass, spoke in support. Manuel R. Ramirez, 4790 Byron Circle, spoke in support. Grear Hurt, 910 East Southlake Boulevard, Suite 155, spoke in support. Raji Kumar, 3804 Kimbrough Lane, spoke in support. Ann Davis, 308 Foxborough, Southlake, Texas spoke in opposition. Richard Sandow, 1750 Sleepy Hollow Trail, Southlake, Texas spoke in opposition. Michael Hahn, 910 East Southlake Boulevard, Southlake, Texas spoke in support. Skip Blake addressed the public comments. Nels Nelson, 2803 Carrick Court, Southlake, Texas addressed the public comments. Mayor Terrell closed the public hearing. Motion was made to approve Ordinance No. 480 -549B (ZA10 -054), 2 nd Reading, Zoning Change and Site Plan for Tower Plaza subject to the applicant's agreement to the following conditions: extending the sidewalk on the south side of Building One east to the main sidewalk; allowing no skilled nursing or memory care uses on the site; following Development Regulation #10 stating that turf and irrigation will be provided on the office building site if construction of the office building has not commenced within six (6) months of the completion of horizontal improvements and the medical center building; allowing no stucco on the office building; accepting applicant's willingness to work with city staff on a further landscaping plan if Zena Rucker Road has a certain theme for the parkway; stating that the drawings as presented to Council are a clear representation of distinctive features being added to the hospital fagade facing, in particular, Zena Rucker Road and that the video shown tonight will be used for UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 5 of 16 clarification; noting there will be a clock on all four (4) sides of the clock tower; if the applicant should choose to utilize the Tarrant County bond funds that were previously approved for use on this tract of land, requiring the applicant to place the following language on all offering statements or any other sales or marketing materials supporting the debt instrument: "The City of Southlake is not an owner, investor, partner, participant or guarantor of this project" but noting that "Southlake" can only be used for location purposes only; and subject to Site Plan Review Summary No. 2, dated October 15 2010 granting the variances as presented. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Aaenda Item No. 6B. ZA10 -046. Revised Concept Plan for Kimball Circle Estates on Property being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract No. 529, and being located at 703, 722, 730 and 750 South Kimball Avenue. Current Zonina: SF -20A Sinale Familv Residential District. SPIN Neiahborhood #8. Director Baker presented items 6B and 6C simultaneously. Applicant Jim Dewey with JDJR Engineers made a presentation and answered Council's questions. Mayor Terrell opened the public hearing and read comment cards from those who were in support but did not wish to speak: Olufunmilayo Akintade, 2133 Kimball Hill Court, Southlake, Texas; Steve Donohue, 2121 Kimball Hill Court, Southlake, Texas; Dennis Minder, Woodland Heights HOA, Southlake, Texas; Jerry and Kathryn Orler, 2128 Kimball Hill Court; Southlake, Texas; Chris and Ellena Prokopeas, 2129 Kimball Hill Court; Southlake, Texas; Karen Roussos, 2100 Kimball Hill Court, Southlake, Texas; and, Patricia N. Wilson, 2112 Kimball Hill Court; Southlake, Texas. William E. Stonaker, 2112 Kimball Hill Court, Southlake, Texas, spoke in support and submitted a petition from the residents of Kimball Hills asking that Council allow the street between Kimball Hill Court and Miracle Pointe to be built as a through- street. Mayor Terrell noted acceptance of the petition received from residents of Kimball Hills. John McSweeney, 2116 Kimball Hill Court, Southlake, Texas, spoke in support. Mayor Terrell closed the public hearing. Motion was made to approve ZA10 -046, Revised Concept Plan for Kimball Circle Estates subject to Revised Concept Plan Review Summary No. 2, dated November 12, 2010 and granting the variance request to Subdivision Ordinance No. 483, Section 8.01(A). UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 6 of 16 Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Aaenda Item No. 6C. ZA10 -047. Preliminary Plat for Kimball Circle Estates on Droaert being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract No. 529 and being located at 703, 722, 730 and 750 South Kimball Avenue. Current Zoning: SF - 20A Sinale Familv Residential District. SPIN Neiahborhood #8. Director Baker presented items 6B and 6C simultaneously. Applicant Jim Dewey with JDJR Engineers made a presentation and answered Council's questions. Motion was made to approve ZA10 -047, Preliminary Plat for Kimball Circle Estates subject to Plat Review Summary No. 2, dated November 12, 2010. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Aaenda Item No. 6D. ZA10 -057. Site Plan for Lot 3. Carroll- Greenwav Addition bein located at 1281 East State Hiahwav 114. Current Zonina: C3 General Commercial. SPIN Neighborhood #8. Director Baker presented this item to council. Applicant Scott Dorn with Design Duncan Miller Ullmann made a presentation and answered Council's questions. Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public hearing. Motion was made to approve ZA10 -057, Site Plan for Lot 3, Carroll- Greenway Addition noting that the on- street diagonal parking on State Street will not be allowed and that the parkway landscaping will be extended to include plantings and turf; noting the applicant's agreement to remove the two parking spaces on the south side and to replace them with turf and to shift the parking spaces on State Highway 114 and to eliminate the two corner spaces and to replace those with turf; and subject to Revised Site Plan Review Summary No. 2, dated November 18, 2010 and granting the requested variances for driveway spacing and tree canopy cover. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Agenda Item No. 6E. Ordinance No. 992, 2 nd Reading, Adopt an ordinance to dedicate street right -of -way from City -owned property at 1371 East Highland Avenue for the UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 7 of 16 purpose of constructing Kirkwood Boulevard and declare the remainder of the property to be surplus. Director Price presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE DEDICATING PERMANENT STREET RIGHT -OF -WAY FROM CITY OWNED PROPERTY AT 1371 EAST HIGHLAND AVENUE LOCATED IN THE RICHARD EADS SURVEY, ABSTRACT NO. 481 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH STREET RIGHT -OF -WAY IS NECESSARY FRO USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT -OF -WAY DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public hearing. Motion was made to approve Ordinance No. 992, 2 nd Reading, Adopt an ordinance to dedicate street right -of -way from City -owned property at 1371 East Highland Avenue for the purpose of constructing Kirkwood Boulevard and declare the remainder of the property to be surplus. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Mayor Terrell called for a break at 9:25 p.m. and reconvened the meeting at 9:41 p.m. Aaenda Item No. 6F. Resolution No. 10 -057 lGAS10 -0041. Saecific Use Permit for Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1 R1 and 2, Block A, Milner Addition. Current Zonina: AG Aaricultural District. SPIN Neiahborhood #7. Planner Fletcher presented items 6F, 6G, 6H and 61 simultaneously. Applicant Walter Dueease with XTO Energy, Inc., 810 Houston Street, Fort Worth, Texas made a presentation and answered Council's questions. Applicant Rick Smith with Energy Transfer, 800 East Sonterra Boulevard, San Antonio, Texas made a presentation and answered Council's questions. Mayor Terrell stated that the public hearings for Agenda Items 6F, 6G, 6H, and 61 would take place simultaneously. He opened all of the public hearings and took public comments. Mayor Terrell read comment cards from those who were in opposition but did not wish to speak: Beth Adams, 165 Creekway Bend, Southlake, Texas; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 8 of 16 Landon Adams, 165 Creekway Bend, Southlake, Texas: "My name is Landon Adams. have had asthma all my life and I take multiple medications daily in order to breath. Please do not force me to move and cause my fellow asthma sufferers additional breathing difficulties. More studies need to be done on the quality of air near a drill site. Please protect our community;" John Ansohn, 304 Donley, Southlake, Texas; Glenn Askew, 808 Timbercrest Court, Southlake, Texas; Jenna Askew, 808 Timbercrest Court, Southlake, Texas; Stacey Bott, 1604 Ponderosa Way, Southlake, Texas; Jackie Burlingame, 645 Briarridge Road, Southlake, Texas; Rusty Burlingame, 645 Briarridge Road, Southlake, Texas; Hank Delisle, 1204 Plantation, Southlake, Texas; Kate Delisle, 1204 Plantation, Southlake, Texas; Craig Dewey, 1121 Merlot Drive, Southlake, Texas; Merrill Dobrow, 1303 Eagle Bend, Southlake, Texas; Tricia Dobrow, 1303 Eagle Bend, Southlake, Texas; Nina Dunn, 950 North White Chapel Boulevard, Southlake, Texas; Ken Erston, 807 Saratoga Drive, Southlake, Texas; David P. Ettinger, 804 Dove Creek Trail, Southlake, Texas; Renee D. Ettinger, 804 Dove Creek Trail, Southlake, Texas; Phil Evans, 408 Southridge Lakes Parkway, Southlake, Texas; Tiffany Evans, 480 Southridge Lakes Parkway, Southlake, Texas; Cole Findlay, 802 Dove Creek Trail, Southlake, Texas; Katherine Findlay, 802 Dove Creek Trail, Southlake, Texas; Noah Findlay, 802 Dove Creek Trail, Southlake, Texas; Patrick Foreman, 1708 Wildrose Way, Southlake, Texas; Daniel Garrison, 6401 Westcoat Drive, Colleyville, Texas; Julianna Garrison, 6401 Westcoat Drive, Colleyville, Texas; Bill Gleim, 1905 Amesbury Court, Southlake, Texas; J.D. Gonzales, 400 Borders Court; Southlake, Texas; Joan Gonzales, 400 Borders Court, Southlake, Texas; Diane Harris, 1025 Mission Drive, Southlake, Texas; Jeff Harris, 1025 Mission Drive, Southlake, Texas; Julie Hendrix, 110 East Chapel Downs, Southlake, Texas; Kate Hendrix, 110 East Chapel Downs, Southlake, Texas; Kent Hendrix. 110 East Chapel Downs, Southlake, Texas; Cole Holmes, 200 Bob -O -Link, Southlake, Texas; Shani Holmes, 200 Bob -O -Link, Southlake, Texas; Stacey Jackson, 1121 Merlot Drive, Southlake, Texas; Sonia Khan, no address provided; Rory King, 921 Dove Creek Trail, Southlake, Texas; Stephanie King, 921 Dove Creek Trail, Southlake, Texas; Chris Koh, 203 East Chapel Downs Drive, Southlake, Texas; David LaChance, 910 Emerald Boulevard, Southlake, Texas; Audra Lewandowski, 405 Indian Paintbrush, Southlake, Texas; Nandini Malla, 300 Preakness Circle, Southlake, Texas; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 9 of 16 Michael and Stacey Maeker, 1204 Sabine Court, Southlake, Texas; Sherry Matheson, 800 Dove Creek Trail, Southlake, Texas; Karie McBride, 108 East Chapel Downs Drive, Southlake, Texas; Michael McBride, 108 East Chapel Downs Drive; Southlake, Texas; Barry McClelland, 710 Dove Creek Trail, Southlake, Texas; Barbara Milhizer, 569 Round Hollow Lane, Southlake, Texas; Eric Milhizer, 569 Round Hollow Lane, Southlake, Texas; Gabriella Miller, 405 Orchard Hill Drive, Southlake, Texas; Ward Miller, 405 Orchard Hill Drive, Southlake, Texas; Matt Moustakas, 913 Dove Creek Trail, Southlake, Texas; Ted Murday, 201 East Chapel Downs, Southlake, Texas; Barbara Oliphant, 1035 Summerplace Lane, Southlake, Texas; Virvil Oliphant, 1035 Summerplace Lane, Southlake, Texas, "We object to the variance request. A lot of thorough study went into developing the ordinances. They can be complied with. "; Timm Olson, 919 Dove Creek Trail, Southlake, Texas; Trish Olson, 919 Dove Creek Trail, Southlake, Texas; Steven Pidgley, 209 East Chapel Downs, Southlake, Texas; Ken Quigley, 925 Southcrest Court, Southlake, Texas; Robert Scheurle, 415 Southview Trail, Southlake, Texas; Monique Schill, 162 Jellico Circle, Southlake, Texas; Robin Schill, 162 Jellico Circle, Southlake, Texas; Virginia Simonson, Flower Mound; Beverly Spillyards, 1920 Cresson Drive, Southlake, Texas; David Spillyards, 1920 Cresson Drive, Southlake, Texas; Janeth Stiller, 218 Bob -O -Link Drive, Southlake, Texas; Patti Weber, 922 Turnberry Lane, Southlake, Texas; Ernesto Werbiski, 316 Dove Creek Trail, Southlake, Texas; Peter Wilcox, 1904 Country Moss Way, Southlake, Texas; Sally Wilcox, 1904 Country Moss Way, Southlake, Texas; Matt Wilsman, 1604 Ponderosa, Way, Southlake, Texas; and, Karen Wilson, 100 Timberline S, Colleyville, Texas. Mayor Terrell read comment cards from those who were in support but did not wish to speak: Bobby G. Adams, 1204 and 1206 Woodsey Court, Southlake, Texas; Ruth Ann Adams, 1204 and 1206 Woodsey Court, Southlake, Texas; Olufunmilayo, Akintade, 2133 Kimball Hill Court; Southlake, Texas; Kurtis Anderson, 1203 Earlston Court, Southlake, Texas; Veronika Anderson, 555 South White Chapel Boulevard; Southlake, Texas; Wilfred Anderson, 555 South White Chapel Boulevard, Southlake, Texas; Greg Billingsley, 1217 Woodsey Court, Southlake, Texas; Randell Blair, 850 Ownby Lane, Southlake, Texas; Stan Braun, 950 Lakewood Drive, Southlake, Texas; Charlie and Carol Broadway, 600 Bentwood Lane, Southlake, Texas; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 10 of 16 Adrienne Byrd, 1800 North White Chapel Boulevard; Southlake, Texas; Alice Covington, 1213 Woodsey Court, Southlake, Texas; Jim T. Covington, 1213 Woodsey Court, Southlake, Texas; Cheryl Davidson, 1013 South Hollow Drive, Southlake, Texas; Ann Davis, 308 Foxborough, Southlake, Texas; Mike Denny, 805 Durham Court, Southlake, Texas; Steve Donohoe, 2121 Kimball Hill Court; Southlake, Texas; Carlos Dorris, 213 Eastwood Drive, Southlake, Texas; Karen Dorris, 213 Eastwood Drive, Southlake, Texas; Mike Farhat, 1060 Harbor Haven, Southlake, Texas; Dana Faris, 3000 Flamingo Circle, Southlake, Texas; Gina Faris, 302 Dove Creek Trail, Southlake, Texas; William Faris, 3000 Flamingo Circle, Southlake, Texas; Michael Frazier, 1013 South Hollow Drive, Southlake, Texas; Henry (Dick) Freehling, 381 South White Chapel Boulevard, Southlake, Texas; Sharon Freehling, 381 South White Chapel Boulevard; Southlake, Texas; Abigale Gregory, 1201 Oakhurst Drive, Southlake, Texas; Gale Gregory, 1100 West Southlake Boulevard, Southlake, Texas; Gay Gregory, 1201 Oakhurst Drive, Southlake, Texas; Joe D. Gregory, 1100 West Southlake Boulevard, Southlake, Texas; Regina Gregory, 1201 Oakhurst, Southlake, Texas; Cindy Grossman, 217 Westwood Drive, Southlake, Texas; Ken Grossman, 217 Westwood Drive, Southlake, Texas; Betty Hardisty, 1002 Pine Meadow Court, Southlake, Texas; Robert V. Hardisty, 1002 Pine Meadow Court, Southlake, Texas; Bobby Harrell, 325 Clariden Ranch, Southlake, Texas; Cathy and Mark Hinzman, 803 Cross Lane, Southlake, Texas; Gary Hollingsworth, 1110 LaPaloma Court, Southlake, Texas; Judy Hollingsworth, 1110 LaPaloma Court, Southlake, Texas; Kevin Honig, 905 Carriage Way, Southlake, Texas; Fred Joyce, 455 Randol Mill, Southlake, Texas; Mike and Doris Lafavers, 303 East Highland, Southlake, Texas; Phyllis Lafavers, 620 South White Chapel Boulevard, Southlake, Texas; Britt Lane, 1609 Enclave Court, Southlake, Texas; Tammy Lane, 1609 Enclave Court, Southlake, Texas; Richard Lawrence, 520 Southview Trail, Southlake, Texas; Ann D. Leavens, 220 Westwood Drive, Southlake, Texas; Russell W. Leavens, 220 Westwood Drive, Southlake, Texas; Regina Linkous, 500 South White Chapel Boulevard, Southlake, Texas; Ron Linkous, 500 South White Chapel Boulevard; Southlake, Texas; Rebecca Madison, 550 Bentwood Lane, Southlake, Texas; Tommy Madison, 550 Bentwood Lane, Southlake, Texas; Amiad Malik, 700 South White Chapel Boulevard, Southlake, Texas; Anila Malik, 700 South White Chapel Boulevard, Southlake, Texas; Donnie Marcontell, 600 Garden Court; Southlake, Texas; Kelly Marcontell, 600 Garden Court; Southlake, Texas; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 11 of 16 Bernice McCauley, 900 Wildwood, Southlake, Texas; Dick McCauley, 900 Wildwood, Southlake, Texas; John McSweeney, 2116 Kimball Hill Court, Southlake, Texas; Jennifer Myers, 801 Cross Lane, Southlake, Texas; Deric Miller, 750 Lakewood Drive, Southlake, Texas; Nadolyn Miller, 220 Eastwood Drive, Southlake, Texas; Jack Milner, 651 East Highland Street, Southlake, Texas; Jake Milner, 651 East Highland Street, Southlake, Texas; Jim Milner, 651 East Highland Street, Southlake, Texas; Joey Milner, 651 East Highland Street, Southlake, Texas; Laurie Milner, 651 East Highland Street, Southlake, Texas; Mary Jo Milner, 651 East Highland Street, Southlake, Texas; Dennis Minder, Woodland Heights HOA, Southlake, Texas; Dennis and Pattie Minder, 223 Eastwood Drive, Southlake, Texas; Steve Oren, 2050 Shady Oaks Drive, Southlake, Texas; D. Todd Parrish, 1313 Bay Meadows, Southlake, Texas; Aline Perry, 1356 Woodbrook Lane, Southlake, Texas; Deloris Perry, 1229 Woodsey Court, Southlake, Texas; Steve Perry, 1356 Woodbrook Lane, Southlake, Texas; Doug Rake, 304 Preakness Circle, Southlake, Texas; Connie B. Robertson, 1225 Ridgewood Circle, Southlake, Texas; Karen Roussos, 2100 Kimball Hill Court, Southlake, Texas; Zena Rucker, 650 South Carroll Avenue, Southlake, Texas; Jim Settles, 410 Southview Trail, Southlake, Texas; Matt Schirle, 1512 Main Street, Southlake, Texas; Manzufr Shafi, 1861 Sunshine, Southlake, Texas; Taherah Shafi, 1861 Sunshine, Southlake, Texas; Frances Shivers, 1800 North White Chapel Boulevard, Southlake, Texas; Paul Simon, 500 Bentwood, Southlake, Texas; Mel and Susan Skaggs, 320 West Highland, Southlake, Texas; Dana Skelly, 1207 Del Mer Drive, Southlake, Texas; Carl Sledz, 220 Eastwood Drive, Southlake, Texas; Graylene Spain, 2200 Estes Park, Southlake, Texas; Lisa Spain, 1030 Primrose Lane, Southlake, Texas; Paul Spain, 2200 Estes Park, Southlake, Texas; Gordon Spark, 600 Oak Hill Drive, Southlake, Texas; Janice K. Spark, 600 Oak Hill Drive, Southlake, Texas; William E. Stonaker, 2112 Kimball Hill Court Southlake, Texas; Pat and Cheri Summerall, 710 South White Chapel Boulevard, Southlake, Texas; Cynthia Sykes, 720 South White Chapel Boulevard; Southlake, Texas; J.R. Sykes, 720 South White Chapel Boulevard, Southlake, Texas; Charlene Upshaw, 655 East Highland Street, Southlake, Texas; Gail Upshaw, 120 Green Oaks Lane, Southlake, Texas; Gene Upshaw, 655 East Highland Street, Southlake, Texas; Mary Upshaw, 653 East Highland Street, Southlake, Texas; Brooke Upshaw, 120 Green Oaks Lane, Southlake, Texas; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 12 of 16 Tara Upshaw, 120 Green Oaks Lane, Southlake, Texas; John Underwood, 1407 Whispering Dell Court, Southlake, Texas; Jacob Utley, 1735 Shady Oaks, Southlake, Texas; Michael Utley, 1735 Shady Oaks, Southlake, Texas; John Van Son, 675 Southview Trail, Southlake, Texas; Marilyn Van Son, 675 Southview Trail, Southlake, Texas; Allan Vivian, 713 Timber Lake Circle, Southlake, Texas; Tina Wasserman, 520 West Highland Street, Southlake, Texas; Marcus Wayland, 2508 Rolling Lane, Southlake, Texas; Jason Whitmire, 2012 Woodbine Circle, Southlake, Texas; Jim Williams, Southlake Hospital Landowner, 5400 Dallas Parkway, Frisco, Texas; Ray Williamson, 479 West Highland, Southlake, Texas; and, Patricia N. Wilson, 2112 Kimball Hill Court, Southlake, Texas. Rhonda Cleaves, 909 Parkview Lane, Southlake, Texas, spoke in opposition. Gordon Aalund, 200 East Chapel Downs, Southlake, Texas, spoke in opposition. Trevor Matheson, 800 Dove Creek Trail, Southlake, Texas, spoke in opposition. Matt Cleaves, 909 Parkview Lane, Southlake, Texas, spoke in opposition. City Attorney Taylor addressed a resident's question regarding the Planning and Zoning Commission action on this item. Aelena Cook, 404 West Chapel Downs Drive, Southlake, Texas, spoke in opposition. Patty Gleim, 1905 Amesbury Court, Southlake, Texas, spoke in opposition. Robert Stiller, 218 Bob -O -Link Drive, Southlake, Texas, spoke in opposition. Tom Allen, 9 Village Circle, Westlake, Texas, spoke in support. Eric D. Hulet, 251 Countryside Court, Southlake, Texas, spoke in support. Bill Lafavers, 620 South White Chapel Boulevard, Southlake, Texas, spoke in support. Troy Findlay, 802 Dove Creek Trail, Southlake, Texas, spoke in opposition. Greg Standerfer, 1130 North Carroll Avenue, Southlake, Texas, spoke in support. Frank Bliss, 1008 Quail Run Road, Southlake, Texas, spoke in support. Martin Schelling, 2665 North White Chapel Boulevard, Southlake, Texas, spoke in support. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 13 of 16 Keith Houser, 1219 Whispering Lane, Southlake, Texas, spoke in support. Sam Timothy, 715 Kent Court, Southlake, Texas, spoke in support. Rebecca Utley, 1735 Shady Oaks Drive, Southlake, Texas, spoke in support. Izak Gregory, 1201 Oakhurst Drive, Southlake, Texas, spoke in support. Howard Sanders, 1000 Lakewood Drive, Southlake, Texas, spoke in support. Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas, spoke in support. Esther McElfish, 7112 Martha Lane, Fort Worth, Texas, spoke in opposition. Kirk Pittard, 601 Haines Avenue, Dallas, Texas, spoke in opposition. Sheri Hight Brunson, 621 Sunset Court, Argyle, Texas, spoke in support. Rick Wilhelm, 2209 Yeargain Court, Southlake, Texas, spoke in support. Motion was made to table and to continue the public hearing for Resolution No. 10 -057 (GAS10 -004), Specific Use Permit for Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street to the January 4, 2011 City Council meeting. Motion: Hill Second: Zito Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Aaenda Item No. 6G. GAS10 -005. Consider Reauested Variances to Ordinance No 880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well permit(s) associated with Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1 R1 and 2. Block A. Milner Addition. Current Zonina: AG Aaricultural District. SPIN Neighborhood #7. Planner Fletcher presented items 6F, 6G, 6H and 61 simultaneously. Applicant Walter Dueease with XTO Energy, 810 Houston Street, Fort Worth, Texas made a presentation to Council and answered questions. Mayor Terrell stated that the public hearings for Agenda Items 6F, 6G, 6H, and 61 would take place simultaneously. He opened all of the public hearings and took public comments. Motion was made to table and to continue the public hearing for GAS10 -005, Consider Requested Variances to Ordinance No. 880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well permit(s) associated with Gas and Oil Well Drilling UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 14 of 16 and Production on property being located at 651 and 655 East Highland Street to the January 4, 2011 City Council meeting. Motion: Hill Second: Zito Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Aaenda Item No. 6H. GAS10 -006. Consider Reauested Variances to Ordinance No 880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline permit associated with Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1 R1 and 2. Block A. Milner Addition. Current Zonina: AG Aaricultural District. SPIN Neighborhood #7. Planner Fletcher presented items 6F, 6G, 6H and 61 simultaneously. Applicant Walter Dueease with XTO Energy, 810 Houston Street, Fort Worth, Texas made a presentation to Council. Mayor Terrell stated that the public hearings for Agenda Items 6F, 6G, 6H, and 61 would take place simultaneously. He opened all of the public hearings and took public comments. Motion was made to table and to continue the public hearing for GAS10 -006, Consider Requested Variances to Ordinance No. 880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline permit associated with Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street to the January 4, 2011 City Council meeting. Motion: Hill Second: Zito Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Aaenda Item No. 61. Variance to Noise Ordinance No. 778. as amended. for Ener Transfer to install a Diaeline for the transportation of natural aas alona the State Highway 114 corridor. Planner Fletcher presented items 6F, 6G, 6H and 61 simultaneously. Applicant Rick Smith with Energy Transfer, 800 East Sonterra Boulevard, San Antonio, Texas made a presentation and answered Council's questions. Mayor Terrell stated that the public hearings for Agenda Items 6F, 6G, 6H, and 61 would take place simultaneously. He opened all of the public hearings and took public comments. Motion was made to table and to continue the public hearing for the Variance to Noise Ordinance No. 778, as amended, for Energy Transfer to install a pipeline for the transportation of natural gas along the State Highway 114 corridor to the January 4, 2011 City Council meeting. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 15 of 16 Motion: Hill Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Agenda Item No. 11. Meeting adjourned Mayor Terrell adjourned the meeting at 12:57 a. m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: Lori Payne City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 16 of 16