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Item 4Alug CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: September 6, 2011 LOCATION 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe, Deputy Mayor Pro Tem Pamela Muller and Councilmembers Carolyn Morris, Martin Schelling, Jeff Wang and Al Zito. CITY COUNCIL ABSENT None STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager /Director of Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Communication and Websites Manager Pilar Schank, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Planner I Lorrie Fletcher, Chief of Fire Services Mike Starr, Interim Chief of Police Services Rusty Daniels, Director of Public Works Robert Price, City Attorney E. Allen Taylor, City Secretary Alicia Richardson and Deputy City Secretary Tara Brooks. WORK SESSION 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:30 p.m. 2. INVOCATION Mr. Chris Hatchett with The Hills Church of Christ gave the invocation. 3. HONOR GUARD FLAG CEREMONY HONORING SEPTEMBER 11 FALLEN HEROES The Southlake Fire Department Honor Guard presented the United States and Texas flags. The Council watched a video honoring the first responders of September 11, 2001. Mayor Terrell led the pledge of allegiance. REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 1 of 17 4. ORDINANCE 880 -B - REVISIONS TO CHAPTER 9.5 OF THE CITY OF SOUTHLAKE'S CITY CODE ARTICLE IV - GAS AND OIL WELL DRILLING AND PRODUCTION (THIS ITEM WILL INCLUDE A PUBLIC COMMENT PORTION WHERE THE PUBLIC WILL BE INVITED TO SPEAK ON PROPOSED ORDINANCE REVISIONS. THIS ITEM WILL NOT BEGIN PRIOR TO 7:00 P.M.) Mayor Terrell informed the public that Council would convene to Executive Session prior to discussion and public comments pertaining to Ordinance No. 880 -B. Mayor Terrell informed members of the public to complete and sign a blue comment card if they wish to comment on this item. Mayor Terrell announced that comments submitted by way of the blue comment cards would be accepted and read into the record. Mayor Terrell advised the public that comments sent electronically to members of Council, while they would not be included in tonight's meeting minutes, they will be included in the planning department's permanent case file. EXECUTIVE SESSION Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with the city attorney, Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel matters, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:50 p.m. Executive Session began at 6:08 p.m. and concluded at 7:30 p.m. RECONVENE Mayor Terrell reconvened the work session at 7:33 p.m. and asked if any action was necessary from Executive Session. There was no action needed as result of Executive Session. Mayor Terrell explained that Council would receive an overview from staff of the changes discussed at previous Council meetings, which will be followed by a presentation on setbacks. Mayor Terrell informed the public a comprehensive list of the proposed changes is located at the back of the Council Chambers. A red -lined version of the proposed ordinance can be located on the City's website. Mayor Terrell informed the public that Council values communication and public input. He thanked everyone for their participation and reminded the public this item would not be an answer and question session. This is an opportunity for the public to convey their thoughts for the record on the proposed changes to the ordinance. Director of Planning and Development Ken Baker presented an overview of the proposed ordinance changes. Mr. Baker also reviewed the recent changes discussed at the August 26, 2011 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 2 of 17 City Attorney Allen Taylor addressed legal requirements pertaining to setbacks. Director of Planning and Development Ken Baker presented proposed changes to the setback language. Mayor Terrell announced that the following citizens did not wish to speak, but wanted to record their position regarding Ordinance No. 880 -B: Mr. John Thane, 2600 South Quail Run Court Support Ms. Rebecca Madison, 550 Bentwood Lane Support Ms. Janeth Stiller, 218 Bob -O -Link Drive Opposed Ms. Gayle Fluster, 645 Oak Hill Opposed to proposed changes, in favor of drilling on Milner site Mr. Tommy Madison, 550 Bentwood Support Ms. Disa Mason, 906 Hanover Drive Opposed Ms. Brenda McClanahan, 306 Quail Court Opposed to drilling in heavily populated areas, supports increased setbacks and no variances Doug Roke, 304 Proakness Circle Support James R. McCutcheon, 1383 Woodbrook Lane Supports drilling, opposed to increased restrictions or setbacks Francine Myers, 103 Swallow Court Support (clarified later that she was opposed) Susan Skaggs, 600 Llano Court Support responsible development of gas resources; opposed to increased setbacks Kyle Eldred, 160 East Continental Opposed Latricia Earley, 1906 Amesbury Court Opposed to drilling Linda Parker, 225 Eastwood Drive Support Steven Ramundo, 910 Emerald Boulevard Support David LaChance, 910 Emerald Boulevard Support Don Stone, 901 Quail Crest Support drilling Arra Murphy, 1410 Monarch Way Opposed (clarified later that she supports proposed ordinance) Mike & Doris Lafavers, 303 East Highland Road Opposed (spoke later in the meeting) Shannon Buss, 1403 Vine Blanc Court Against drilling, supports increased setbacks from schools, homes, tanks, etc. Don Davis, 1438 Montgomery Lane Opposed to urban drilling, supports increased setbacks Marilaine Wiggins, 1730 Randol Mill Ave Opposed to proposed ordinance, supports current ordinance Charlene Upshaw, 655 East Highland Street Opposed to proposed ordinance, supports I current ordinance Valerie Clark, 755 Randol Mill Avenue I Opposed REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 3of17 Patty Gleim, 1905 Amesbury Court Opposed Melvin Earley, 1906 Amesbury Court Opposed (clarified later opposed to drilling) Bill Gleim, 1905 Amesbury Court Opposed Joey & Laurie Milner Supports current ordinance Coila K. Edson, 214 Canyon Lake Drive Supports drilling Jack Edson, 214 Canyon Lake Drive Supports drilling Walt Buchholtz, 805 Farrwood Court Support (clarified later supports existing ordinance and opposed to increasing setbacks) Davis family, 200 South Peytonville Support (clarified later supports existing ordinance) Harmony McKnight, 1810 Randol Mill Avenue Supports responsible drilling Rebecca Utley, 1735 Shady Oaks Supports drilling, against increased restrictions In response to a question from the audience, Mayor Terrell informed the public that Ordinance No. 880 -B includes proposed changes as discussed at previous Council meetings. If support is selected on the public comment card, it indicates support of the proposed ordinance that includes all the changes discussed to date and incorporated into the ordinance. Mayor Terrell informed the public that they are welcome to approach the podium if their position was incorrectly stated on the public comment card. Mayor Terrell announced that the following citizens did not wish to speak, but wanted to record their position regarding increased setbacks: Amy Weiss, 514 Queensbury Turn Support increased setbacks Marianne Martino, 600 Chapel Court Support increased setbacks Kristen Martino, 600 Chapel Court Support increased setbacks Beth Adams, 110 Wilmington Court Support increased setbacks Susan K. Turnwald, 516 Queensbury Turn Support increased setbacks Paul Blight, 1418 Montgomery Lane Support increased setbacks Carol Kostaras, 1314 Montgomery Lane Support increased setbacks Mar O'Conner, 2965 Barney Lane Support increased setbacks Martin O'Conner, 2965 Barney Lane Support increased setbacks C ndi Day, 1620 Byron Nelson Parkway Su ort increased setbacks Marcy McTaggart, 710 Wentwood Drive Support increased setbacks, do not allow variances Diane Harris, 1025 Mission Drive Support increased setbacks and 25% maximum variance approval on setbacks Matt Wilsman, 1604 Ponderosa Way Support increased setbacks and 25% maximum variance approval on setbacks Julie Hahn, 405 Bryn Meadows Opposed to decreasing setbacks and exempting assisted living and nursing care facilities REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 4of17 Mayor Terrell announced that the following citizens have expressed an interest to state their position regarding Ordinance No. 880 -B: David Adams, 110 Wilmington Court Supports increased setbacks and the Town of Flower Mound's ordinance Michael Guidotti, 1301 Province Lane Supports increased setbacks and deleting or limiting takings language Richard McCauley, 900 Wildwood Lane Supports 2008 gas and oil drilling ordinance Mr. Robert Gray, 1275 Shady Oaks Drive Supports drilling Simon Rurka, 803 Dominion Drive Opposed to drilling Robert Johnson, 1110 Harbor Retreat Opposed to drilling Jackie Burlingame, 645 Briarrid e Road Supports drilling—current ordinance Bill Spivey, 1520 Randol Mill Avenue Supports drilling Mark Kubik, 1434 Montgomery Lane Supports increased setbacks Kim Davis, 1438 Montgomery Lane Supports a stronger ordinance and increased setbacks Trevor Matheson, 902 Shadywood Street Opposed to drilling Donny J. Charlton, 4357 Homestead Drive Supports drilling August Schilling, 1260 Taylor Street Clarified that he is in favor of the current ordinance Eric Hulet, 251 Countryside Court Was not present when called to speak — comment card listed that he was opposed to the moratorium and in favor of moving forward with application Karl Kimball, 680 Truelove Trail Supports drillin Mary Giery- Smith, 701 Malton Lane Opposed to drilling Bob Seebeck, 480 West Highland Supports drilling Laurie Schneider, 1418 Monarch Way Opposed to drilling in neighborhoods and supports stronger ordinances Dan Lacayo, 1590 Randol Mill Did not speak when called to podium, comment card listed that he was in support Joe Gregory, 1100 West Southlake Bouelvard Opposed to both ordinances, in favor of decreasing setbacks Bill and Phyllis Lafavers, 620 South White Chapel Boulevard Supports current ordinance Jennifer Myers, 801 Cross Lane Opposed to proposed revisions, in favor of current ordinance Ann Davis, 308 Foxborough Opposed to proposed revisions, in favor of current ordinance Brenda McClanahan, 306 Quail Court Opposed to drilling, supports increased setbacks Floyd McGlothilin, 2409 Emerald Circle Supports current ordinance Jennifer Kessman, 711 Gre moor Lane Supports increased setbacks Danielle K. O'Rean, 2050 Shady Oaks Supports drilling and current ordinance REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 5 of 17 Drive Ms. Engel did not speak; comment card Izak Gregory, 1201 Oak Hurst Drive Opposed to increased setbacks and regulations Tom Allen, 9 Village Circle Supports current ordinances, opposed to moratorium and increased restrictions Gordon Aalund, 200 East Chapel Downs Supports increased setbacks and limiting the percentage of variances Charles Griffith, 2718 York Court Supports drilling Marlene Eldred, 160 East Continental Boulevard Opposed to drilling in highly populated areas Troy Findley, 802 Dove Creek Trail Opposed to drillin Carolyn Johnston, 817 Pearl Drive Supports drilling and in favor of current ordinance Leslie Guess, 411 Bryn Meadows Opposed to drilling and supports strictest regulations Janet French Did not speak when called to podium, comment card listed that she was in support Gordon Spark, 600 Oak Hill Drive Supports drilling and current ordinance Steve Davis, 300 West Highland In favor of current ordinance, opposed to increased setbacks and regulations Mel Skaggs, 600 Llano Court Supports safe and responsible gas drilling, spoke about the Cudd Well report Rick Wilhelm, 2209 Year in Court Supports drillin Stacey Bott, 1604 Ponderosa Way Opposed to drilling near homes and supports increased setbacks Walt Buchholtz, 805 Farwood Court Clarified that he supports drilling and is opposed to increased setbacks Kalena Cook, 404 West Chapel Downs Opposed to drilling and supports increased setbacks Keith Houser, 1219 Whispering Lane Supports drilling and current ordinance Howard Sanders, 100 Lakewood Drive Supports current ordinance Rebecca Utley, 1735 Shady Oaks Drive Supports current ordinance The following public comments cards were received during public comment portion of the item. Cindy Engel, 125 West Chapel Downs Ms. Engel did not speak; comment card Drive listed that she was in support of gas drilling under the Milner Specific Use Permit (SUP). Van Williams, 125 W. Chapel Downs Drive Mr. Williams did not speak; comment card listed that he was in support of gas drilling under the Milner Specific Use Permit (SUP). Jodi Lash, 1430 Eagle Bend Ms. Lash did not speak; comment card REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 6 of 17 Mayor Terrell announced that the public comment portion for this item is complete and that Council would take a brief recess. Mayor Terrell recessed the meeting at 10:19 p.m. Mayor Terrell reconvened the meeting at 10:43 p.m. 5. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. City Council discussed this item in conjunction with regular agenda Item No. 4. REGULAR SESSION 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 10:43 p.m. 2A. EXECUTIVE SESSION City Council convened into Executive Session earlier in the meeting. 2B. RECONVENE City Council convened into Executive Session earlier in the meeting. 3. REPORTS A. Mayor's Report — REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 7 of 17 listed that she was in support of increasing setback requirements to a minimum of 1500 feet Joan Gonzales, 400 Berders Court Ms. Gonzales did not speak; comment card listed that she was in support of increasing setbacks Jamie Cadiz, 707 Chaucer Court Jamie Cadiz did not speak; comment card stated opposed and that revisions should be one that protects all Southlake residents, in favor of increased setbacks Rajesh C. Kumar Rajesh Kumar did not speak; comment card listed support for increased setbacks Robert Stiller, 218 Bob O Link Drive Mr. Stiller did not speak; comment card indicated opposition Mayor Terrell announced that the public comment portion for this item is complete and that Council would take a brief recess. Mayor Terrell recessed the meeting at 10:19 p.m. Mayor Terrell reconvened the meeting at 10:43 p.m. 5. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. City Council discussed this item in conjunction with regular agenda Item No. 4. REGULAR SESSION 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 10:43 p.m. 2A. EXECUTIVE SESSION City Council convened into Executive Session earlier in the meeting. 2B. RECONVENE City Council convened into Executive Session earlier in the meeting. 3. REPORTS A. Mayor's Report — REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 7 of 17 Update of upcoming meetings and events Mayor Terrell announced upcoming meetings and events. Council member Martin Schelling announced that Southlake Working as a Team (SWAT) and Scholars and Athletes Serving Others (SASO) will have a community service day at Carroll High School on Saturday, September 17 between 10:00 a.m. and 2:00 p.m. Council member Morris announced that the annual Polycystic Kidney Disease (PKD) walk /run is Saturday, September 24 at Southlake Town Square. The race will begin at 8:30 a.m., followed by the children's walk at 9:00 a.m. and the one mile walk at 9:30 a.m. Council member Zito announced that the annual Southlake Chamber of Commerce Oktoberfest is approaching and they are seeking volunteers for the event. The Oktoberfest will be held September 30 — October 2 at Southlake Town Square. B. City Manager's Report — Southlake Arts Council written report There was no presentation for this item. 4. CONSENT AGENDA (Items 4A -I) 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 FROM THE AUGUST 1, 2011 JOINT CITY COUNCIL, SOUTHLAKE PARKS DEVELOPMENT CORPORATION, AND PARKS AND RECREATION BOARD MEETING AND THE AUGUST 16, 2011 CITY COUNCIL MEETING. 4B. APPROVE A SIDEWALK CONSTRUCTION ESCROW AGREEMENT IN THE AMOUNT OF $5,187.25 WITH PAULA VINING OF 1810 SUNSHINE LANE. Staff and City Council discussed costs for constructing future sidewalks and the amount identified in escrow agreement. The consensus of Council was to include a statement in the motion that the sidewalk would be constructed at such time when a sidewalk, on either side, is built up to the property. REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 8 of 17 4C. APPROVE THE PURCHASE OF RIGHT OF WAY AND EASEMENTS FOR KIMBALL AVENUE IMPROVEMENTS FROM PROPERTY AT 2199 EAST DOVE ROAD IN THE AMOUNT OF $240,000. 4D. APPROVE A TWO -YEAR CONTRACT EXTENSION WITH TXU ENERGY FOR A FIXED RATE AGREEMENT TO PROVIDE THE CITY WITH ELECTRICITY. 4E. ORDINANCE NO. 544 -B, 1 ST READING, AMENDING ORDINANCE NO. 544 -A, THE CITY OF SOUTHLAKE'S LANDSCAPE ORDINANCE. (IFAPPROVED ON FIRST READING, A PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON SEPTEMBER 20, 2011.) Council member Zito advised staff that he did not see language in Section 3.6 for the use of weather station controllers. Director of Planning and Development Ken Baker informed Council that staff would incorporate the language for weather station controllers in the second reading of the ordinance. 4F. CONSIDER SV11 -014, VARIANCE TO THE SHOPS OF SOUTHLAKE CONDITIONAL SIGN PERMIT FOR PATINA FLOOR DESIGN STORE LOCATED AT 1251 EAST SOUTHLAKE BOULEVARD, SUITE 315. 4G. ORDINANCE NO. 1012, 1ST READING, F.M. 1709/F.M. 1938 CORRIDOR SECTOR PLAN, AN ELEMENT OF THE SOUTHLAKE 2030 LAND USE PLAN. (IF APPROVED ON FIRST READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON SEPTEMBER 20, 2011.) 4H. APPROVE FUND BALANCE POLICY AMENDMENT. 41. ORDINANCE NO. 480 -605 (ZA10 -067), 1ST READING, ZONING CHANGE AND SITE PLAN FOR WATERMERE MEDICAL PLAZA ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, SLAYTON ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2813 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: SF- 1A — SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: 01 — OFFICE DISTRICT. SPIN NEIGHBORHOOD #11. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE SEPTEMBER 20, 2011 CITY COUNCIL MEETING. A motion was made to approve the consent agenda as read, with the condition for Item 4B, that Ms. Vining will construct a sidewalk at such time that an adjacent sidewalk is built up to her property. Motion: Bledsoe Second: Morris REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 9 of 17 Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang Nays: None Approved: 7 -0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Terrell opened the public forum. There being no one wishing to speak, Mayor Terrell closed the public hearing. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480 -497A (ZA11 -025), 2ND READING, ZONING CHANGE AND SITE PLAN FOR KIMBALL CROSSING ON PROPERTY DESCRIBED AS LOTS 1 AND 2, BLOCK 1, ETHAN ALLEN 1709 ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 1132, JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529 AND BEING LOCATED AT 2171, 2175 AND 2185 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT AND B1 - BUSINESS SERVICE PARK DISTRICT. REQUESTED ZONING: S -P -1 — DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC HEARING APPROVED Director of Planning and Development Ken Baker summarized item for Council and was available to answer questions from Council. Mr. Baker presented this item in conjunction with Item 6B. Council and applicant representative Evan Beattie discussed elevation fagades and trellis options. 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 480 -497A, 2 nd reading, site plan for Kimball Crossing, approving the three variances for the driveway stacking, driveway spacing and driveway spacing between right -in and right -out drives; regarding the architectural embellishments on the front fagade of the building, the applicant will have at least a 3' top cornice between bays 3 and 4, 5 and 7, and 9 and 10; the City will waive the masonry requirement for architectural embellishment for the top 3'; the trellis will not have visible eyebeams, support structures will be of a solid square material with a wood fascia; 12' height limitation on the trellis structures and no more than 60% of the REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 10 of 17 front fapade coverage with trellises; applicant will have a minimum of 10' masonry construction on the support columns; and pursuant to site plan review summary No. 3, dated July 15 2011 and staff report dated August 31, 2011. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 6B. ZA11 -026, PLAT REVISION FOR LOT 1, BLOCK 1, KIMBALL CROSSING BEING A REVISION OF PROPERTY DESCRIBED AS LOTS 1 AND 2, BLOCK 1, ETHAN ALLEN 1709 ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 11132, JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529 AND BEING LOCATED AT 2175 AND 2185 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P- 1 - DETAILED SITE PLAN DISTRICT AND B1 - BUSINESS SERVICE PARK DISTRICT. PROPOSED ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. OPPPDX /Fn This item was presented in conjunction with Item 6A. A motion was made to approve ZA 11 -026, plat revision for Lot 1, Block 1, Kimball Crossing, pursuant to plat review summary No. 3, dated August 31, 2011. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 6C. RESOLUTION 11 -039 (ZA11 -036), SPECIFIC USE PERMIT FOR A MASS GATHERING FOR GATEWAY CHURCH FALL FESTIVAL ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, GATEWAY CHURCH -114 CAMPUS, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 700 BLESSED WAY, SOUTHLAKE, TEXAS. CURRENT ZONING: NR -PUD - NOW RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN NEIGHBORHOOD #4. PUBLIC HEARING APPROVED Planner II Lorrie Fletcher summarized item for Council and was available to answer questions. REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 11 of 17 Council and staff discussed the applicant's request for an indefinite approval for their annual event. Gateway representative Doug Sluiter presented item to Council and was available to answer questions. 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 Resolution No. 11 -039, specific use permit for a mass gathering for Gateway's Church fall festival for a period of three years; the light tower utilized for event lighting will be inwardly focused toward the event; and pursuant to staff report dated, August 12, 2011. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 Mayor Terrell moved to Item No. 9. 9A. CONSIDER APPROVAL OF THE GREATER SOUTHLAKE WOMEN'S SOCIETY'S PLANS FOR FESTIVAL OF TREES EVENTS. APPROVED Director of Community Services Chris Tribble presented item to Council and was available to answer questions. Greater Southlake Women's Society representative Kim Kuehler was present to answer questions from Council. Council discussed the applicant's request to make the trees available to the public during the evening of the annual Holiday Tree Lighting event on November 19. Council expressed concern with setting a precedent to open Town Hall during the weekend. A motion was made to approve the Greater Southlake Women's Society Festival of Trees Event to display four professionally decorated trees in the lobby of Town hall from November 17 — December 16, 2011; display of two Park Place motorcar vehicles on pedestrian sidewalk corners at the southeast corner of State and Main and the southwest corner of Fountain and Grand from November 7 — December 16, 2011; display vehicles will be removed during the time period of 4:00 p.m. on Friday, November 18 to 9:00 a.m. on Sunday, November 20, 2011 to avoid space conflicts; and the approval display of the four trees is specifically in connection with the greater plans for the Festival of Trees event. REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 12 of 17 Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Nays: None Approved: 7 -0 Mayor Terrell moved to Item 6D. Terrell, Schelling, Zito, Wang 6D. ORDINANCE NO. 1009, 2ND READING, CARROLL /1709 SMALL AREA PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN. PUBLIC HEARING TABLED A motion was made to table Ordinance No. 1009 to the September 20, 2011 City Council meeting. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 6E. ORDINANCE NO. 1010, 2ND READING, CROOKED /KIMBALL SMALL AREA PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN. PUBLIC HEARING TABLED A motion was made to table Ordinance No. 1010 to the September 20, 2011 City Council meeting. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 6F. ORDINANCE NO. 1011, 2ND READING, APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ( "ACSC" OR "STEERING COMMITTEE ") AND ATMOS ENERGY CORP., MID - TEX DIVISION ( "ATMOS MID -TEX" OR "COMPANY ") REGARDING THE COMPANY'S FOURTH ANNUAL RATE REVIEW MECHANISM ( "RRM ") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 13 of 17 TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. PUBLIC HEARING APPROVED City Council did not require a presentation. 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. 1011, 2 nd reading, a negotiated resolution between the Atmos Cities Steering Committee ( "ACSC" or "Steering Committee ") and Atmos Energy Corporation. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 6G. ORDINANCE NO. 1013, 2ND READING, AN ORDINANCE AMENDING CHAPTER 2, ARTICLE X, SECTION 2 -421 OF THE CITY OF SOUTHLAKE CODE TO PROVIDE THE DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES OR HIS OR HER DESIGNEES WITH THE POWER TO ISSUE CITATIONS FOR VIOLATION OF THE CITY CODE. PUBLIC HEARING APPROVED Director of Planning and Development 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. 1013, 2 nd reading, amending Chapter 2, Article X, Section 2 -421 of the City of Southlake Code. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 14 of 17 Nays: None Approved: 7 -0 6H. ADOPT THE FISCAL YEAR 2012 CRIME CONTROL AND PREVENTION DISTRICT OPERATING BUDGET AND MULTI -YEAR CAPITAL IMPROVEMENTS PLAN. PUBLIC HEARING OPPPDX /Fn City Council did not require a presentation. A motion was made to adopt the fiscal year 2012 Crime Control and Prevention District operating budget and multi -year capital improvements plan. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 1014, 1ST READING, APPROVE AND ADOPT THE ANNUAL BUDGET FOR THE FISCAL YEAR 2012 AND APPROVE THE REVISED BUDGET FIGURES FOR THE FISCAL YEAR 2011 AND MULTI- YEAR CAPITAL IMPROVEMENTS PLAN. (THE PUBLIC HEARING FOR THIS ITEM WILL BE HEARD ON SEPTEMBER 20, 2011.) APPROVED City Manager Shana Yelverton presented item and was available to answer questions from Council. A motion was made to approve Ordinance No. 1014, 1 St reading, adopting the annual budget for fiscal year 2012 and approve the revised budget figures for fiscal year 2011 and multi -year capital improvements plan. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 7B. ORDINANCE NO. 1015, 1ST READING, TAX LEVY ORDINANCE. (THE PUBLIC HEARING FOR THIS ITEM WILL BE HEARD ON SEPTEMBER 20, 2011.) APPROVED REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 15 of 17 City Council did not require a presentation. A motion was made to approve Ordinance No. 1015, 1 St reading, of the tax levy ordinance. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 8. RESOLUTIONS: 8A. RESOLUTION NO. 11 -042, APPOINT MEMBERS TO THE BUILDING BOARD OF APPEALS, JOINT UTILIZATION COMMITTEE, LIBRARY BOARD, PARKS AND RECREATION BOARD, SOUTHLAKE ARTS COUNCIL, SOUTHLAKE PARKS DEVELOPMENT CORPORATION, ZONING BOARD OF ADJUSTMENT AND SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (S.P.I.N.). TABLED A motion was made to table Resolution No. 11 -042 to the September 20, 2011 City Council meeting. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 8B. RESOLUTION NO. 11 -043, APPOINT MEMBERS TO THE CRIME CONTROL PREVENTION DISTRICT. TABLED A motion was made to table Resolution No. 11 -043 to the September 20, 2011 City Council meeting. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 9. OTHER ITEMS FOR CONSIDERATION: 9A. CONSIDER APPROVAL OF THE GREATER SOUTHLAKE WOMEN'S REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 16 of 17 SOCIETY'S PLANS FOR FESTIVAL OF TREES EVENTS. APPROVED Council discussed this item earlier in the meeting. 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 1:05 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: Alicia Richardson City Secretary REGULAR CITY COUNCIL MEETING MINUTES, September 6, 2011 Page 17 of 17