2011-03-29 CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: MARCH 29, 2011
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 to the City Manager Alison Ortowski, Communication
and Websites Manager Pilar Schank, Director of Finance Sharen Jackson, Director of
Planning and Development Services Ken Baker, 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, City Attorney E. Allen Taylor, and City Secretary
Alicia Richardson.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 4:40 p.m.
2. INVOCATION
Mr. Eric Hulet from Grace Community Church gave the invocation. Mayor Terrell led
the pledge of allegiance.
3. 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.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 4:42
p.m.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 29, 2011
Page 1 of 18
2A. EXECUTIVE SESSION
Mayor Terrell announced that City Council would be going into Executive Session
pursuant to the Texas Government Code, Section 551.071, consultation with the city
attorney; and Section 551.072, deliberation regarding real property.
City Council adjourned for Executive Session at 4:42 p.m. Executive Session began at
4:58 p.m. and concluded at 7:10 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 7:20 p.m. and asked if any action was
necessary from Executive Session.
No action was taken by Council.
3. REPORTS
A. Mayor's Report —
Update of upcoming meetings and events
Mayor Terrell announced upcoming meetings and events.
Southlake Sister Cities Update — Tome, Japan
Mayor Terrell informed the public of the combined effort of community leaders,
businesses and the school district to reach out and provide support to Tome, Japan.
Citizens may obtain additional information at www.southlake4japan.com.
Former Mayor John R. Tate
Mayor Terrell and Councilmember Muller recognized the late John R. Tate and his
service to the City of Southlake.
Sign Regulations
Mayor Terrell commented that the City received complaints regarding the anti - drilling
signage placed within the City. More specifically, complaints were related to the use of
the word "frac ". Mayor Terrell informed the public that the City cannot regulate the
content of signs or the placement and number of signs on private property. The City
can only prohibit the placement of signs in the public right of ways.
Councilmember Zito recognized the Carroll High School hockey team for taking second
in the national tournament.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 29, 2011
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B. City Manager's Report —
Senior Advisory Commission Report
There was no presentation.
4. CONSENT AGENDA (Items 4A -L) Consent Agenda items are considered to be
routine by the City Council and are enacted with one motion. Mayor Terrell read
the Consent Agenda items into the record.
4A. APPROVE MINUTES FOR CITY COUNCIL MEETINGS CONDUCTED ON
FEBRUARY 15, 2011; CONTINUATION OF FEBRUARY 15, 2011 (HELD ON
FEBRUARY 22, 2011); SPECIAL CITY COUNCIL MEETING ON FEBRUARY
22, 2011; AND MARCH 1, 2011 CITY COUNCIL MEETING
4B. APPROVE UTILITY RELOCATION AGREEMENT WITH TRI- COUNTY
ELECTRIC FOR UTILITIES ALONG NORTH KIMBALL AVENUE IN THE
AMOUNT OF $294,183.74
4C. APPROVE CHANGE ORDER NO. 5 WITH LEGACY CONTRACTING, LP IN
THE AMOUNT OF $21,720.00 FOR THE FORT WORTH METER STATION
MODIFICATION PROJECT
4D. APPROVE DYNA -MIST IRRIGATION COMPANY AS THE PRIMARY
CONTRACT FOR LANDSCAPE SERVICES FOR GROUP 1 IN THE AMOUNT
NOT TO EXCEED $120,000 AND AS THE ALTERNATE CONTRACT AWARD
FOR GROUPS 2, 3, AND 6 FOR LANDSCAPE SERVICES
4E. APPROVE O'DONNELL'S LANDSCAPE SERVICES AS THE PRIMARY
CONTRACT FOR LANDSCAPE SERVICES FOR GROUPS 2, 3, 4, 6 AND 7 IN
THE AMOUNT NOT TO EXCEED $275,000 AND AS THE ALTERNATE
CONTRACT AWARD FOR GROUP 1 AND 5 FOR LANDSCAPE SERVICES
4F. APPROVE SIGNATURE CONTRACTING SERVICES AS THE PRIMARY
CONTRACT FOR LANDSCAPE SERVICES FOR GROUP 5 IN THE AMOUNT
NOT TO EXCEED $15,000
4G. THIS ITEM WAS INTENTIONALLY LEFT BLANK
4H. ORDINANCE NO. 998, 1 READING, AN ORDINANCE TO ABANDON
EXCESS STREET RIGHT OF WAY AT 1705 WEST CONTINENTAL
BOULEVARD AND CEDE THE PROPERTY TO THE ADJACENT PROPERTY
OWNER. (IF APPROVED ON FIRST READING, THE PUBLIC HEARING WILL
BE HELD APRIL 5, 2011)
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Mayor Terrell announced the public hearing would be conducted at the April 19, 2011
City Council meeting.
41. ORDINANCE 480 -EEEE, 1 READING, AN AMENDMENT TO THE ZONING
ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO PERMITTED AND
ACCESSORY USES AND SALES WITHIN CERTAIN (NON- RESIDENTIAL)
ZONING DISTRICTS. (IF APPROVED ON FIRST READING, THE PUBLIC
HEARING WILL BE HELD APRIL 5, 2011.)
Mayor Terrell announced the Planning and Zoning Commission tabled this item at their
March 24, 2011 meeting. The City Council will table the public hearing to the April 19,
2011 City Council meeting.
4J. ORDINANCE NO. 480 -603 (ZA11 -002), 1 READING, ZONING CHANGE AND
CONCEPT PLAN FOR PROPERTY BEING DESCRIBED AS TRACT 1B,
LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300, AND BEING LOCATED
AT 587 EAST DOVE ROAD. CURRENT ZONING: AG AGRICULTURAL
DISTRICT. REQUESTED ZONING: SF -1A SINGLE FAMILY RESIDENTIAL
DISTRICT. SPIN NEIGHBORHOOD #3 (IF APPROVED ON FIRST READING,
THE PUBLIC HEARING WILL BE HELD APRIL 5, 2011.
4K. APPROVE A POLICY FOR THE DISPLAY OF ART IN PUBLIC FACILITIES OR
PROPERTIES
Mayor Terrell and Council discussed the policy as it relates to the length of time art can
be displayed in public facilities and the approval process. The consensus of Council
was to place a discussion item on a future Council meeting.
4L. APPROVE A PERMIT FOR SOUTHLAKE ARTS COUNCIL, APEX ARTS
LEAGUE AND ART IN THE SQUARE TO ALLOW THE PUBLIC DISPLAY OF
ART IN TOWN HALL FROM APRIL 19, 2011 THROUGH MAY 17, 2011
APPROVED
Councilmember Wang commented the minutes of the March 1, 2011 City Council
meeting need to be corrected to show the vote of 7 -0 for the consent agenda.
A motion was made to approve the consent agenda as presented, with item 41 being
tabled to the April 19, 2011 City Council meeting and the correction to the March 1,
2011 City Council meeting minutes.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 29, 2011
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REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Terrell opened the public forum.
Ms. Dianne Dorman, 100 Ascot Drive, commented on the conflict of Ordinance No. 527
with the City's contract to euthanize feral swine.
Mr. Matt Cleaves, 909 Parkview, thanked the City Council for conducting the Town Hall
meeting. Mr. Cleaves commented on the guidance provided by the City's legal counsel
regarding the specific use permit for the Milner property.
Mr. Michael Guidotti, 1301 Province Lane, informed Council that he speaks on behalf of
Southlake Taxpayers Against Neighborhood Drilling (STAND). The group retained legal
counsel to become acquainted with case law related to a municipality's right to regulate
oil and gas drilling and associated liability issues. Mr. Guidotti requested City Council
uphold City ordinances and vote no on the specific use permit.
Mr. Mark Kubik, 1434 Montgomery Lane, shared his observation of the Town Hall
meeting. He commented that presentations to citizens by legal counsel should be
presented in a fair and balanced nature.
Mr. Russell Levins, 220 Westwood Drive, thanked City Council for a thorough job on the
Town Hall meeting.
Mr. Gordon Aalund, 200 East Chapel Downs, asked City Council if a risk analysis has
been completed for the Milner site. If an analysis has been completed, he asked the
City to release the study. If a study has not been completed, he asked the City to have
a study conducted for the site.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. RESOLUTION NO. 11 -004 (GAS10 -001), SPECIFIC USE PERMIT FOR GAS
AND OIL WELL DRILLING AND PRODUCTION ON PROPERTY BEING
DESCRIBED AS TRACT 1A, H. DECKER SURVEY, ABSTRACT NO. 438 AND
BEING LOCATED AT 1719 EAST CONTINENTAL BOULEVARD. CURRENT
ZONING: AG AGRICULTURAL ZONING DISTRICT. SPIN NEIGHBORHOOD
#8. (ITEM TABLED AT THE MARCH 1, 2011 CITY COUNCIL MEETING. THE
PUBLIC HEARING WAS OPENED FOR PUBLIC COMMENT AND CLOSED
AT THE MARCH 1, 2011 CITY COUNCIL MEETING. THE PUBLIC HEARING
MAY BE REOPENED.)
DENIED
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Councilmember Wang filed a conflict of interest affidavit with the City Secretary and did
not participate in the discussion or vote for this item. Councilmember Wang left the dais
at 7:59 p.m.
A motion was made to deny GAS 10 -001 without prejudice.
Motion: Morris
Second: Zito
Ayes: Bledsoe, Morris, Zito
Nays: Hill, Muller and Terrell
Abstained: Wang
Vote: 3 -3
There being a tie vote, the motion on the floor failed.
XTO representatives were present and answered questions from Council.
Mayor Terrell asked the pipeline committee (Deputy Mayor Pro Tem Bledsoe and
Councilmembers Morris and Zito) to provide a general report.
Deputy Mayor Pro Tem Bledsoe provided a summary of the meeting held with XTO
representatives and City officials.
Council discussed the proposed pipeline route.
Mayor Terrell asked applicant if the specific use permit is approved tonight, would the
City have their commitment to use one of the routes discussed tonight — Dallas Fort
Worth Airport (State Highway 26 connecting to Chesapeake pipeline) or Nolan to State
Highway 114.
Mr. Walter Dueease, XTO representative, informed Council it is XTO's intent to seek a
route from the Joe Wright site whether it be State Highway 26 connecting to
Chesapeake pipeline at the airport or Nolan to State Highway 114.
Mayor Terrell asked applicant if the specific use permit is approved tonight, would the
City have XTO's commitment that the Titan site, if it is a transporter of gas, would not be
routed through Southlake other than what is depicted on the map.
Mr. Smith, XTO representative, reaffirmed if the specific use permit is approved tonight,
XTO would follow the route as delineated tonight on the map. If the specific use permit
is not approved, XTO would use the closest pipeline (Milner site) and have the
straightest line possible for their route.
Councilmember Muller left the dais at 8:21 p.m. and returned at 8:22 p.m.
Mr. Dueease responded to Council's questions related to the CUDD report.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 29, 2011
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Mayor Terrell announced that City Council would reconvene into Executive Session
pursuant to the Texas Government Code, Section 551.071, consultation with the city
attorney and Section 551.072, deliberation regarding real property.
City Council adjourned for Executive Session at 8:48 p.m. Executive Session began at
8:51 p.m. and concluded at 8:55 p.m.
Mayor Terrell reconvened the regular meeting at 9:02 p.m. with the same members
present.
A motion was made to approve Resolution 11 -004, also known as GAS10 -001, the
specific use permit for gas and oil well drilling and production at 1719 East Continental
Boulevard including the following stipulations and items agreed to by the applicant with
Southlake City Council:
• Per the CUDD well report, XTO agrees to build an 8' masonry wall prior to
drilling. If this is impractical the wall can be partially built or substituted with
earthen berms and a drainage system to a common pit;
• Video monitoring — the applicant has agreed to 24 -hour video imaging to be
placed and situated to capture all images on the production site. Southlake DPS
will have access to the video. The video surveillance system will comply with
section 9.5- 242yy2 and the remote monitor access system shall comply with
section 9.5242yy1 of the current ordinance;
• Air testing — the air testing will be continuous as soon as the first well is fracked
and until all production is complete on the entire site. Testing methodology will
replicate that outlined in the Kleinfelder Limited Ambient Air Quality Evaluation
study dated October 1, 2010. The testing will also occur continuously. The
testing will be conducted by a consultant selected by the City. The funding for the
pre and post- testing will come out of the XTO revolving fund account established
by Ordinance No. 880 -A and the City acknowledges that XTO representatives
will need to be present at the time of testing by the City consultant. XTO has
agreed to separately pay for the equipment and for monitoring of the continuous
air testing and has given us full permission to access the property. The location
of the monitoring system will be decided by our consulting firm with a
representative of XTO. The monitoring system will be a gas chromatograph
monitoring system similar to the one in Fort Worth, Flower Mound and Dish.
XTO will also allow TCEQ to tie -in to their system and the testing methodology
will be consistent with the TCEQ testing procedures. Results will be posted in
real time either through TCEQ or the City of Southlake's website. We've also
agreed to set up a review committee which will monitor results and make
recommendation to Council, which will include long term monitoring. They will
adhere to state and federal air quality standards and the newly adopted TCEQ
guidelines;
• XTO has agreed to a blast study before drilling commences;
• XTO has agreed to a blowout contingency plan specific to the site prior to the
start of drilling;
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 29, 2011
Page 7 of 18
• Water testing — pre and post drilling water samples for water wells within 2,000
feet of the well site and will be taken by a third party results /laboratory results
made available to the City. The pre - drilling and post completion testing will also
include quarterly testing to consist of third party water sample analysis and flow
rate measurement from all water wells within 2,000', noting the individual consent
of landowners. The testing methodology will be conducted by a consultant
selected by the City of Southlake and the funding for the water quality testing will
be paid by XTO via the revolving fund account established by Ordinance No.
880 -A. Water quality testing methodology will follow the recommendations
outlined by Kleinfelder, Dr. Kenneth Tramm, in his presentation to the Southlake
City Council dated September 9, 2010 and will include testing for evaluated TDS,
Chlorides, VOCs and TPH. Other possible analyses include dissolved gases
(methane, ethane), TPH (fractionated), SVOCs, and other targeted analysis
based on drilling services as disclosed to us by XTO. Testing will occur pre and
post drilling as outlined in the ordinance. Once fracking begins, there will be
continuous monitoring while the well is in production. The results will also be
reviewed by the committee with recommendations to the Council and the City
acknowledges that an XTO representative will need to be present at the time of
testing by the City's consultant. Also noting again, consent of the land owners to
enter their land for testing;
• Where possible, all tanks and vessels will have a secondary containment system
to prevent ground water contamination. XTO agreed to install secondary
containment around all separators, tank batteries, and other equipment on the
drill site and install triple casing;
• XTO will provide the City quarterly gas analysis information that will be extended
gas sample analysis of each well and will be agreed to with our consultant. It will
come in a format that can be evaluated by the City's petroleum engineer;
• XTO will provide all MSDS sheets for types, volumes and concentration for all
additives for the drilling and frac program prior to spudding of the first well;
• XTO will meet with the Southlake first responders from Southlake to assess
possible dangerous situations and that will happen prior to permit issuance;
• We are limiting the SUP permit to three years;
• XTO has agreed to a vapor recovery system and will not use no -bleed pneumatic
valves at this site;
• No venting will occur on the site. The applicant has agreed to not complete the
fracing process until a sales line is in place, and XTO shall contain gas emissions
after stimulation at this site even if the pipeline is not installed;
• A thermo oxidizer will be used only if our City petroleum consultant makes the
recommendation;
• Truck route /drive approach — all ingress and egress will be off Mustang, and the
applicant has agreed to look into an additional northern entrance;
• No fuel compressors /generators on site. They will use electric motors only, to
drive compressors, and they commit to meeting all of our ordinances. It is
understood this will require right of way from the nearest primary utility line;
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 29, 2011
Page 8 of 18
• Soundproof blankets and walls will not be left up between drilling and frac times.
It is understood that unless there is a brief period, less than one month, between
these operations;
• Any compression line or gas lift equipment shall be installed to meet ambient
noise levels at the pad boundary. XTO will mitigate all nuisance sound from the
use of gas lift compressors at the site pursuant to 9.5 -243 (d)(1)c, which provides
that no equipment shall exceed ambient levels at the nearest receptor by 3 dBA.
It is not impossible to locate gas lift compressors away from the drill site;
• They will equip any and all compressors machinery and drilling equipment with
the latest technology in noise suppression, muffling devices and pollutant
constraints, including the suppression of dust vibration, noxious odors, airborne
pollutants and harmful fumes. Again, the applicant agrees to meet our noise
ordinance in all aspects, and they have, as I noted earlier, agreed to continuous
noise monitoring;
• XTO agrees to conduct their work operations during the daylight hours and any
nocturnal operations shall comply with the noise stipulations in our ordinance.
They will employ or use a drilling rig that minimizes noise and uses the latest
technology for advanced drillings rigs. XTO shall use diesel - electric rigs that
employ the latest technology. Pursuant to the ordinance, a noise mitigation plan
has been provided to the City. The placement and height of blankets is intended
to mitigate all nuisance sound and is designed by an experienced acoustical
contractor, noting 20 feet on the south perimeter and around the generators.
Please refer to the Noise Management Plan for this site;
• Frac operations should only take place during daylight, Monday through Friday;
• Noise monitor reports will be provided to the City on a daily basis or after a
citizen's complaint is received;
• XTO agreed to a light tan plain on the condensation tanks;
• There will be no flaring into the atmosphere;
• XTO has agreed they will provide the City from their revolving account a hand-
held air monitoring device to be used by the gas inspector for daily monitoring.
They also agreed to purchase a standard fire department LEL monitor;
• Semiannual NORM detection and facility inspections will be performed by XTO
safety professionals;
• We require a mud shaker for trucks leaving the site and a dust control plan will
be in place as presented to the City. Periodic watering will occur during dry
periods or whenever necessary;
• XTO agrees to allow the City and the gas inspector on -site for daily operations
and the City will have a key to the site;
• In the event of an elevated level of emissions the source would be detected and
corrective measures would immediately be taken to shut in the well, if necessary,
replace the equipment and to re -test to ensure the integrity of the new or
replaced equipment;
• Potable water will be delivered by a contractor and stored in appropriate vessels
at the site for the consumption of the employees. Sanitary services are also
provided by a contractor who meets state license requirements;
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Page 9 of 18
• Water will be trucked to the site and stored in portable tanks, but between
October 15 and May 1 XTO may purchase water from the City of Southlake,
but it is noted that XTO will purchase water from the City of Grapevine. It is
noted that XTO mThe applicant will work with the City noting that we are
restricting use to one heavy user at a time with the maximum consumption rate of
1,400 GPM. If there is a water failure system they will be the first to be curtailed.
If there is system maintenance we will coordinate that between them and the
City. We may need to restrict consumption for fracing use;
• Surface casing — we require full compliance with the surface casing requirements
imposed by the State of Texas and the local municipality for ground water
protection. XTO shall install such surface casing in the required manner in order
to ensure the protection of all fresh water bearing formation under the land.
Permitted by a city contracted petroleum engineer who will be onsite 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 hours advanced notice prior to the well casing being set. Three
casings strings and one tubing string is installed in the well. 13 -3/8" conductor is
set at +/- 80', 9 -5/8" surface casing is set to +/- 1800', 5 -1/2" production casing
will be set to total depth, 2 -3/8" tubing will be set to the end of the curve section
in the well. XTO shall allow the gas inspector or contract engineer onsite during
all operations provided the individual has the appropriate personal protective
equipment. The casing string will be pressure tested prior to drilling the next
section of the hole. If the casing fails a pressure test then isolation tools will be
placed in the hole of locate the leak and the corrective measures will be taken to
repair the failure and ensure pressure integrity of the casing string before
conducting subsequent operations;
• The City is accepting the Erosion Control Plan as submitted, exhibits M & L, and
grading plan in the Storm Water Pollution Prevention Control Plan (SWPPP);
• To the extent possible XTO will use green fluids, the City's drilling consultant will
work with XTO to determine the appropriateness of the fluids that may be
employed in the well;
• While any operations are taking place at the site, the operation will attempt to
shield or direct any lighting away from adjoining neighbors or neighborhoods. All
lighting shall meet any and all State and Federal regulations;
• Sub surface safety shut off valve — the permit holder operator will on completion
of the well, run a seating nipple in the tubing string to accommodate the
installation of a sub surface safety shut off valve. This will enable the sub
surface safety shut off valve to be installed if producing conditions require the
devise for safe operation of the well;
• Equipment height — equipment onsite shall be low profile and not exceed eight
feet. Equipment should not be visible from adjacent right of way;
• We have a commitment from XTO that all wells will be capped in accordance
with State and Federal regulations at such time production ceases. This applies
only when wells that have reached their economic life are plugged and
abandoned and not at such time production ceases;
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Page 10 of 18
• Landscaping and irrigation — XTO has agreed to an irrigation system and
landscape plan. They have provided those plans and they are in place. The
landscape irrigation plan is designed by a landscape architect licensed in the
State of Texas who will recommend the appropriate type of irrigation for the site.
They have also agreed to bubblers to provide water to the landscaping material.
Landscaping on the permanent sides of the pad will take place before the drilling
rig moves in. Final landscaping will be installed once fencing is completed or at
the time the City of Southlake landscaper requests;
• Tree mitigation — XTO agreed to mitigate trees removed onsite or removed
during the installation of the pipeline and will pay into the City's reforestation
fund;
• Reporting of spills and leaks — XTO will report all spills and leaks to the City
within one hour. The City requires a follow -up report within seven days detailing
the chemicals released, the impacts of the release, methods used to address the
spill or leak, and corrective measures to ensure no further spills or leaks happen;
• All waste and sludge will be removed from the site by a contractor approved by
XTO;
• Insurance requirements — the City requires twenty million in insurance per
occurrence and fifty million aggregate;
• There will be living quarters for approximately fifteen employees and contractors
that will be located on the site. All families shall be located within the pad site
boundary and shall be utilized during the 24 hour drilling operations only. Once
the rig is demobilized the crew quarters will be removed;
• Storage of additives — any additives for drilling mud are generally stored in an
enclosed mud house and used as needed during the drilling operation. Additives
for stimulations are stored in containers, sacks, and vessels specifically designed
for the protection of the additives. The site will not be used for long term storage
of additives;
• The city also requires a documented disaster plan to be developed with DPS and
placed on file with the City. XTO has submitted an Emergency Response Plan.
The City requested XTO include Baylor Hospital and Parkland Hospital in the
plan;
• XTO is required by the Railroad Commission of Texas to install specific signage
at the entrance to the lease, wellhead and tank battery information regarding the
name of the operator, well name and number and lease ID number. XTO will
maintain the emergency contact information signs and will not change the numer;
• Pipeline pressure will be limited to 330 PSI;
• Prior to construction any concerns or conflicts with City utilities will be addressed
with the Public Works Department;
• Pipeline locations and trees — tree cover will be taken into consideration when
determining the construction method of trenching. Trees removed will be
mitigated. The applicant will appear before Park Board and SPDC once
easement documents are created for approval of the pipeline through park
property (if applicable);
• Pipeline depth and safety — pipelines will be at the depth presented. Dig tape will
be installed in all trench areas and tie -in points will be buried. Pipeline will be
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 29, 2011
Page 11 of 18
buried at the depth as presented at the March 1, 2011 meeting. Council has
accepted the pipeline amended routes presented this evening March 29, 2011;
• Notification of residents within 1,000 feet of the boring process. Boring will
continue uninterrupted for 20 hours if it will occur on a Sunday. If the process will
occur on a Sunday, Energy Transfer will work with the City to perform these
notifications of our residents;
• Also included is the staff report dated March 23, 2011, including all staff review
summaries attached to that, and all site plans and exhibits as presented and also
noting the pipeline applicant agrees to tie the Titan site into one of the amended
routes presented tonight March 29, 2011.
City Secretary Alicia Richardson conducted a roll call of the vote.
Motion: Hill
Second: Bledsoe
Ayes: Hill, Bledsoe, Muller, Terrell
Nays: Morris, Zito
Abstained: Wang
Vote: 4 -2
Mayor Terrell announced the motion on the floor required a super- majority vote and
therefore failed by a vote of 4 -2.
A motion was made to deny Resolution 11 -004, also known as GAS10 -001, without
prejudice.
City Secretary Alicia Richardson conducted a roll call of the vote.
Motion: Hill
Second: Bledsoe
Ayes: Hill, Bledsoe, Morris, Muller, Terrell, Zito
Nays: None
Abstained: Wang
Denied: 6 -0
6B. GAS10 -002, 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 AND PRODUCTION ON PROPERTY BEING LOCATED AT
1719 EAST CONTINENTAL BOULEVARD ON PROPERTY BEING
DESCRIBED AS A PORTION OF TRACT 1A, H. DECKER SURVEY,
ABSTRACT NO. 438. CURRENT ZONING: AG AGRICULTURAL DISTRICT.
SPIN NEIGHBORHOOD #8
DENIED
A motion was made to deny Item 6B, GAS10 -002 without prejudice.
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City Secretary Alicia Richardson conducted a roll call of the vote.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito
Nays: None
Abstained: Wang
Denied: 6 -0
6C. GAS10 -003, 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
1719 EAST CONTINENTAL BOULEVARD ON PROPERTY BEING
DESCRIBED AS A PORTION OF TRACT 1A, H. DECKER SURVEY,
ABSTRACT NO. 438. CURRENT ZONING: AG AGRICULTURAL DISTRICT.
SPIN NEIGHBORHOOD #8
DENIED
A motion was made to deny GAS10 -003 without prejudice.
City Secretary Alicia Richardson conducted a roll call of the vote.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito
Nays: None
Abstained: Wang
Denied: 6 -0
6D. VARIANCE TO NOISE ORDINANCE NO. 778, AS AMENDED, FOR ENERGY
TRANSFER TO INSTALL A PIPELINE FOR THE TRANSPORTATION OF
NATURAL GAS; IDENTIFIED AS SEGMENTS 1 AND 2
DENIED
A motion was made to deny the variance to Noise Ordinance No. 778 without prejudice.
City Secretary Alicia Richardson conducted a roll call of the vote.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito
Nays: None
Abstained: Wang
Approved: 6 -0
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 29, 2011
Page 13 of 18
Mayor Terrell announced that Council would move to Item 10 — discuss the regulation of
the sale of alcoholic beverages.
10. DISCUSS THE REGULATION OF THE SALE OF ALCOHOLIC BEVERAGES
Councilmember Wang returned to the dais at 9:35 p.m.
Planning and Development Services Director Ken Baker presented a map illustrating
areas in Southlake where alcohol sales would be allowed if the proposition is approved
on May 14, 2011.
Ms. Leigh Wambsganss, 1507 Chimney Works Drive, commented that state legislation
was passed in 1987 that prohibits a municipality from approving ordinances that dictate
where liquor stores can be located within a municipality.
Mayor Terrell advised that Council would move to Item 7A.
Deputy Mayor Pro Tem Bledsoe left the dais at 9:48 p.m. and returned at 9:50 p.m.
7A. ORDINANCE NO. 480 -594A (ZA11 -006), 1 READING, ZONING CHANGE
AND SITE PLAN TO ALLOW MODIFICATIONS TO THE EXISTING
APPROVED SITE PLAN FOR THE NEW CISD ELEMENTARY SCHOOL ON
PROPERTY LOCATED AT 2520 NORTH WHITE CHAPEL BOULEVARD
BEING DESCRIBED AS LOT 1R, STANFORD PLACE, AND BEING
APPROXIMATELY 17.737 ACRES. CURRENT ZONING: S -P -1 DETAILED
SITE PLAN DISTRICT. REQUESTED ZONING: S -P -1 DETAILED SITE PLAN
DISTRICT. SPIN NEIGHBORHOOD #1. (IF APPROVED ON FIRST READING,
THE PUBLIC HEARING WILL BE HELD APRIL 5, 2011.)
APPROVED
Director of Planning and Development Services Ken Baker summarized item for Council
and was available to answer questions. Mr. Baker informed Council the applicant has a
presentation.
CISD Assistant Superintendent Derrick City, John Algon of Natex Architects, and John
Blacker of Hart, Gaugler & Associates, Inc. made their presentation and were available
to answer questions from Council.
Council and the applicant representatives discussed parking, buffer space and concerns
of adjacent neighbors.
Councilmember Muller left the dais at 9:57 p.m. and returned at 10:00 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 29, 2011
Page 14 of 18
CISD Board of Trustee Ms. Erin Shoupp, 309 Foxborrow Lane, explained to Council
that the Board heard comments from committees and parents regarding safety issues
with parallel parking.
Mayor Terrell announced the public hearing is scheduled for April 5, but he would allow
comments from the public.
The following citizens expressed their concern regarding the project: Ms. Jessica
Schlamp, 200 Stockton Drive; Ms. Tammy K. O'Brian, 208 Stockton Drive; Ms. Gabriella
Miller, 405 Orchid Hill Drive; and Mr. Doug Faltys, 2804 Tyler Street.
Ms. Tina Wasserman, 520 West Highland Street, spoke in support of the item.
Mayor Terrell announced the public hearing for this item will be conducted on April 5,
2011.
A motion was made to approve Ordinance 480 -594A, also known as ZA11 -006, first
reading, for zoning change and site plan to allow modifications to the existing approved
site plan for the new CISD elementary school; noting the applicant's willingness to work
with the residents and requesting that the applicant consider the placement of parking
on the south side at the end of the cul -de -sac in a different formation; provide a
landscape plan; provide the minimum buffer yards and illustrate it in a manner that is
clear for residents to see; and demonstrate willingness to work with the residents.
Motion: Hill
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito, Wang
Nays: None
Approved: 7 -0
Mayor Terrell announced that Council would move to Item 7B.
7B. ORDINANCE NO. 480 -338C (ZA11 -007), 1 READING, ZONING CHANGE
AND SITE PLAN FOR IMPROVEMENTS TO CARROLL ISD SENIOR HIGH
SCHOOL ON PROPERTY LOCATED AT 1501 WEST SOUTHLAKE
BOULEVARD, BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL SENIOR
HIGH SCHOOL ADDITION, AND BEING APPROXIMATELY 55.033 ACRES.
CURRENT ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. REQUESTED
ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD
#10. (IF APPROVED ON FIRST READING, THE PUBLIC HEARING WILL BE
HELD APRIL 5, 2011.)
APPROVED
Mayor Pro Tem Hill left the dais at 11:19 p.m. and returned at 11:20 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 29, 2011
Page 15 of 18
Director of Planning and Development Services Ken Baker presented item to Council
and was available to answer questions.
Councilmember Muller left the dais at 11:22 p.m.
CISD Assistant Superintendent Derrick City, John Algon of Natex Architects, and John
Blacker of Hart, Gaugler & Associates, Inc. made their presentation and answered
questions from Council.
Council asked the applicant representatives to provide hours that the swing gate will be
open at the next Council meeting.
Councilmember Muller returned to the dais at 11:28 p.m.
Mayor Terrell announced the public hearing is scheduled for April 5, but he would allow
comments from the public. There was no one present to speak on the item.
A motion was made to approve Ordinance No. 480 -338C, also known as ZA11 -007, 1
reading, zoning change and site plan for improvements to Carroll ISD Senior High
School.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito, Wang
Nays: None
Approved: 7 -0
Mayor Terrell announced that Council would move to Item 6E.
6E. ORDINANCE NO. 641 -B, 2 READING, APPROVE REVISIONS TO THE
FLOODPLAIN ORDINANCE
APPROVED
Director of Public Works Bob Price presented item and was available to answer
questions from Council.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the
item to come forward. There being no one wishing to speak, Mayor Terrell closed the
public hearing.
A motion was made to approve Ordinance No. 641 -B, 2nd reading, approve revisions to
the floodplain ordinance.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito, Wang
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 29, 2011
Page 16 of 18
Nays: None
Approved: 7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE PROVIDING FOR THE CITY OF SOUTHLAKE, TEXAS ADOPTING
REGULATIONS DESIGNED TO MINIMIZE FLOOD LOSSES; ESTABLISHING
PROVISIONS FOR FLOOD HAZARD REDUCTION; ADOPTING THE FLOOD
INSURANCE RATE MAPS (FIRM) ACCOMPANYING THE FLOOD INSURANCE
STUDY FOR TARRANT COUNTY AND INCORPORATED AREAS DATED
SEPTEMBER 25, 2009, AND THE FLOOD INSURANCE RATE MAPS (FIRM)
ACCOMPANYING THE FLOOD INSURANCE STUDY FOR DENTON COUNTY AND
INCORPORATED AREAS DATED APRIL 18, 2011; REPEALING ORDINANCE NO.
641 -A RELATING TO FLOOD HAZARD PREVENTION AND PROVIDING FOR THE
REPEAL OF OTHER INCONSISTENT ORDINANCES; PROVIDING THAT THIS
ORDINANCE SHALL BE CURMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICACTION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
7. ORDINANCES, FIRST READINGS AND RELATED ITEMS
7A. ORDINANCE NO. 480 -594A (ZA11 -006), 1 READING, ZONING CHANGE
AND SITE PLAN TO ALLOW MODIFICATIONS TO THE EXISTING
APPROVED SITE PLAN FOR THE NEW CISD ELEMENTARY SCHOOL ON
PROPERTY LOCATED AT 2520 NORTH WHITE CHAPEL BOULEVARD
BEING DESCRIBED AS LOT 1R, STANFORD PLACE, AND BEING
APPROXIMATELY 17.737 ACRES. CURRENT ZONING: S -P -1 DETAILED
SITE PLAN DISTRICT. REQUESTED ZONING: S -P -1 DETAILED SITE PLAN
DISTRICT. SPIN NEIGHBORHOOD #1. (IF APPROVED ON FIRST READING,
THE PUBLIC HEARING WILL BE HELD APRIL 5, 2011.)
APPROVED
City Council considered and took action on this item earlier in the meeting.
7B. ORDINANCE NO. 480 -338C (ZA11 -007), 1 READING, ZONING CHANGE
AND SITE PLAN FOR IMPROVEMENTS TO CARROLL ISD SENIOR HIGH
SCHOOL ON PROPERTY LOCATED AT 1501 WEST SOUTHLAKE
BOULEVARD, BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL SENIOR
HIGH SCHOOL ADDITION, AND BEING APPROXIMATELY 55.033 ACRES.
CURRENT ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. REQUESTED
ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD
#10. (IF APPROVED ON FIRST READING, THE PUBLIC HEARING WILL BE
HELD APRIL 5, 2011.)
APPROVED
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 29, 2011
Page 17 of 18
City Council considered and took action on this item earlier in the meeting.
Mayor Terrell announced that City Council would reconvene into Executive Session
pursuant to the Texas Government Code, Section 551.071, consultation with city
attorney.
City Council adjourned for Executive Session at 11:41 p.m. Executive Session began at
11:46 p.m. and concluded at 11:51 p.m.
8. RESOLUTIONS
No items.
9. OTHER ITEMS FOR CONSIDERATION
No items.
10. OTHER ITEMS FOR CONSIDERATION
DISCUSS THE REGULATION OF THE SALE OF ALCOHOLIC BEVERAGES
This item was heard and discussed earlier in the meeting.
11. MEETING ADJOURNED
Mayor Terrell reconvened the regular meeting at 11:52 p.m.
Mayor Terrell adjourned the meeting at 11:52 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
John errell
Mayor
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Alicia Richardson •
City Secretary
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REGULAR CITY COUNCIL MEETING MINUTES, MARCH 29, 2011
Page 18 of 18