Item 4Alug CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: October 4, 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 /Director of
Public Safety Jim Blagg, Communication and Websites Manager Pilar Schank, Director
of Community Services Chris Tribble, Assistant to the Community Services Director
Candice Sanders, Director of Finance Sharen Jackson, Purchasing Manager Tim Slifka,
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, Deputy Director of Public Works Gordon Mayer,
Public Works Operations Manager Chuck Kendrick, City Attorney E. Allen Taylor, City
Attorney Bryn Meredith, and City Secretary Alicia Richardson.
WORK SESSION
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:33 p.m.
2. INVOCATION
Mr. Scott Berry with First Baptist Church of Southlake gave the invocation. Mayor
Terrell led the pledge of allegiance.
3. PROCLAMATION FOR SOUTHLAKE TENNIS CENTER
Mayor Terrell announced that the Southlake Tennis Center is the recipient of the United
States Tennis Association Outstanding Facility Award. Mayor Terrell recognized the
dedication and service of the Community Services Department and Mr. and Mrs.
Stephen Poorman. Mayor Terrell presented a proclamation recognizing the
achievement of the Southlake Tennis Center to Director of Community Services Chris
Tribble and Mr. and Mrs. Poorman.
REGULAR CITY COUNCIL MEETING MINUTES, October 4, 2011
Page 1 of 9
4. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL
BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE
REGULAR SESSION.
Mayor Terrell read the consent agenda items. Public Works Operations Manager
Chuck Kendrick responded to Council member Wang's question.
In response to Council member Morris' question, City Attorney Allen Taylor outlined the
responsibility of the City to reimburse Oncor to relocate their underground facilities.
Mayor Terrell asked Council if they would have any objection to receiving a presentation
from staff on Item 7A— Ordinance No.480 -439b, zoning change and site /concept plan
for Cornerstone Business Park.
Planner I Lorrie Fletcher presented the item for Council and was available to answer
questions. Ms. Fletcher's review included future land use designation, current zoning
for property, existing site /concept plan, originally proposed site /concept plan, and
revised site /concept plan. The Planning and Zoning Commission approved the request
by a vote of 6 -0, subject to staff review summary No. 2, dated September 2, 2011 and
requesting the owner of Lot 1R to clarify language in their submitted letter of support
regarding the term "replat."
Applicant Scott Caruthers, 4300 Sigma Drive, Dallas, Texas was available to answer
questions from Council.
Consensus of Council was to move Item 7A to the consent agenda.
Mayor Terrell informed Council they received proposed wording for Item 7J —final plans
for recognition of Town Square developer Brain Stebbins. Mayor Terrell read the
proposed language to be inscribed on the plaque. Mayor Terrell advised that the
plaque would read at the top Southlake Town Square, followed by "Established in 1999"
with the following language, "What was once farm land, developer Brian Stebbins and
the City of Southlake envisioned as a center of activities and downtown for the City —a
community gathering place for events and entertainment, a place to conduct commerce
and the heart of our City's government. Working with the City of Southlake leaders,
Stebbins' passion, determination and attention to detail brought Southlake Town Square
to life. Southlake Town Square is recognized nationally and internationally as an
authentic hometown community —the standard for downtown developments."
Mayor Terrell asked Council if they concurred with the proposed language. There was
no opposition from Council.
Council discussed placement of the plaque in relation to the public art piece.
Consensus of Council was to place the plaque on a base stone, raised 12" from the
ground. The base stone is to match the water fountain.
REGULAR CITY COUNCIL MEETING MINUTES, October 4, 2011
Page 2 of 9
REGULAR SESSION
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:22
p.m.
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, Section 551.072, deliberation regarding real property; and Section 551.087,
deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:22 p.m. Executive Session began at 6:42 p.m. and concluded at
8:10 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 8:22 p.m. and asked if any action was
necessary from Executive Session. There was no action needed as result of Executive
Session.
3. REPORTS
A. Mayor's Report —
Update of upcoming meetings and events
Mayor Terrell announced upcoming meetings and events.
B. City Manager's Report —
There was no presentation for this item.
4. CONSENT AGENDA (Items 4A -K) 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 THE MINUTES FROM THE SEPTEMBER 20, 2011 CITY COUNCIL
MEETING
4B. AUTHORIZE THE PURCHASE OF REPLACEMENT AND NEW VEHICLES
FROM CALDWELL COUNTRY CHEVROLET IN THE AMOUNT OF $243,833.
4C. AUTHORIZE THE PURCHASE OF REPLACEMENT AND NEW VEHICLES
FROM PHILPOTT MOTORS IN THE AMOUNT OF $423,305.
REGULAR CITY COUNCIL MEETING MINUTES, October 4, 2011
Page 3 of 9
4D. APPROVE THE PURCHASE OF REQUIRED OUTFITTING EQUIPMENT FOR
REPLACEMENT VEHICLES FOR DPS POLICE AND FIRE FROM FLEET
SAFETY EQUIPMENT IN THE AMOUNT OF $99,347.
4E. APPROVE THE PURCHASE OF INSTALLATION SERVICES FOR REQUIRED
EQUIPMENT FOR REPLACEMENT VEHICLES FOR DPS POLICE AND FIRE
FROM PROFESSIONAL SAFETY SYSTEMS IN THE AMOUNT OF $15,889.
4F. APPROVE A CONTRACT WITH WEATHERPROOFING TECHNOLOGIES FOR
PHASE 2 WATERPROOFING THE EXTERIOR OF TOWN HALL IN THE
AMOUNT OF $107,089.92.
4G. APPROVE A DISCRETIONARY SERVICE AGREEMENT WITH ONCOR
ELECTRIC DELIVERY LLC FOR THE RELOCATION OF UTILITIES ALONG
FM 1709 AT FOXBOROUGH ESTATES IN THE AMOUNT OF $92,105.25.
4H. ZA11 -040, PLAT REVISION FOR LOT 1 R1 AND 1R2, BLOCK 2,
CORNERSTONE BUSINESS PARK ON PROPERTY DESCRIBED AS LOT 1R,
BLOCK 2, CORNERSTONE BUSINESS PARK, SOUTHLAKE, TARRANT
COUNTY, TEXAS AND BEING LOCATED AT 2815 EXCHANGE BOULEVARD,
SOUTHLAKE, TEXAS. CURRENT ZONING: 11 - LIGHT INDUSTRIAL
DISTRICT. SPIN NEIGHBORHOOD #8.
41. ZA11 -041, PRELIMINARY PLAT FOR LOTS 1 AND 2, BLOCK 1, TOWER
PLAZA ADDITION ON PROPERTY DESCRIBED AS TRACTS 3B, 31301
AND 3D01, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899,
SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 821,
829 AND 835 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS.
CURRENT ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT. SPIN
NEIGHBORHOOD #8.
4J. CONSIDER RECOGNITION OPTIONS FOR TOWN SQUARE DEVELOPER
BRIAN STEBBINS.
4K. ORDINANCE NO. 480 -605 (ZA10 -067), 1 ST 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. THIS ITEM WAS
PREVIOUSLY TABLED AT THE AUGUST 2, AUGUST 16, SEPTEMBER 6,
AND SEPTEMBER 20, 2011 CITY COUNCIL MEETINGS. THE APPLICANT
HAS REQUESTED TO TABLE THIS ITEM TO THE NOVEMBER 1, 2011 CITY
COUNCIL MEETING.
REGULAR CITY COUNCIL MEETING MINUTES, October 4, 2011
Page 4 of 9
A motion was made to include Item 7A and approve the consent agenda.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Morris, Muller,
Nays:
None
Approved:
7 -0
Terrell, Schelling, Zito, Wang
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Terrell opened the public forum.
Ms. Dianne Dorman, 100 Ascot Drive, spoke about Department of Public Safety
personnel.
Mr. Keith Houser, 1219 Whispering Lane, spoke about the recent water shortage and
penalties imposed by the Fort Worth Water District.
There being no one else wishing to speak, Mayor Terrell closed the public forum.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ORDINANCE NO. 544 -B, 2 ND READING, AMENDING ORDINANCE 544 -A, THE
CITY OF SOUTHLAKE'S LANDSCAPE ORDINANCE. PUBLIC HEARING
TABLED
A motion was made to table Ordinance No. 554 -B and the public hearing to the October
18, 2011 City Council meeting.
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays:
None
Approved:
7 -0
6B. RESOLUTION 11 -044 (ZA11 -043), SPECIFIC USE PERMIT FOR A MASS
GATHERING EVENT FOR HOME FOR THE HOLIDAYS ON PROPERTY
DESCRIBED AS SOUTHLAKE TOWN SQUARE, SOUTHLAKE, TARRANT
COUNTY, TEXAS AND BEING GENERALLY LOCATED BETWEEN EAST
SOUTHLAKE BOULEVARD, NORTH CARROLL AVENUE AND STATE
HIGHWAY 114, SOUTHLAKE, TEXAS. CURRENT ZONING: DT —
DOWNTOWN DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC HEARING
REGULAR CITY COUNCIL MEETING MINUTES, October 4, 2011
Page 5 of 9
APPROVED
Planner I Lorrie Fletcher presented item for Council and was available to answer
questions. Ms. Fletcher explained that the event has evolved over the years. The City
of Southlake has hosted the annual event since 1999. In 2009, a specific use permit
application combined the annual event with Southlake Town Square's for valet parking
and promotional vehicle display and the Greater Southlake Women's Society Festival of
Trees. This year the events are not combined and the City's annual event will be one
day and will include tree lighting, photos with Santa, carriage rides, holiday crafts,
refreshments and live entertainment. The Planning and Zoning Commission, at their
September 21, 2011 meeting approved the request in perpetuity for a three -hour event
as presented, unless the scope of the event changes and subject to the staff report
dated September 16, 2011.
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 -044, the specific use permit for a
mass gathering event for Home for the Holidays, pursuant to the staff report dated
September 16, 2011, and in perpetuity unless the scope of the event changes.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays:
None
Approved:
7 -0
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS:
7A. ORDINANCE NO. 480 -439B (ZA11 -027), 1 ST READING, ZONING CHANGE
AND SITE /CONCEPT PLAN FOR CORNERSTONE BUSINESS PARK ON
PROPERTY DESCRIBED AS LOTS 1R, 2R1R, 3R, 4R, AND 5R1, BLOCK 5,
CORNERSTONE BUSINESS PARK, SOUTHLAKE, TARRANT COUNTY,
TEXAS AND BEING LOCATED AT 305, 405, 415, 505 AND 515 SOUTH
NOLEN DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -2 —
GENERALIZED SITE PLAN DISTRICT. REQUESTED ZONING: S -P -2 —
GENERALIZED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. THIS ITEM
WAS PREVIOUSLY TABLED AT THE SEPTEMBER 20, 2011 CITY COUNCIL
MEETING. (IF APPROVED ON 1 ST READING, THE PUBLIC HEARING FOR
THIS ITEM WILL BE HELD ON OCTOBER 18, 2011.)
APPROVED
This item was considered and approved with the consent agenda.
REGULAR CITY COUNCIL MEETING MINUTES, October 4, 2011
Page 6 of 9
7B. ORDINANCE NO. 880 -113, 1 ST READING, REVISIONS TO CHAPTER 9.5 OF THE
CITY OF SOUTHLAKE'S CITY CODE ARTICLE IV — OIL AND GAS WELL
DRILLING AND PRODUCTION (IF APPROVED ON 1 ST READING, THE PUBLIC
HEARING FOR THIS ITEM WILL BE HELD ON OCTOBER 18, 2011.)
APPROVED
Director of Planning and Development Ken Baker presented item to Council. Mr. Baker
reviewed the setbacks and comments provided the consultants. Council discussed
each comment and provided direction to staff.
Mayor Terrell asked if there were additional items or comments from Council.
Council discussed insurance requirements, fracturing and limiting water use during
certain months.
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. City Council adjourned for Executive Session at 10:03 p.m. Executive
Session began at 10:07 p.m. and concluded at 10:28 p.m.
RECONVENE
Mayor Terrell reconvened the regular meeting at 10:33 p.m.
Mayor Terrell commented that Council member Schelling inquired about waivers for
habitable structures. Mayor Terrell asked City Attorney Allen Taylor to provide
recommended language.
Mr. Taylor recommended the following language: the applicant shall be required to
submit a notarized consent to the variance or from 100% of the affected property
owners in the mineral and surface estates within the variance area, or alternatively, a
written explanation of their good faith effort to secure those consents. This would allow
an applicant to present their case to the Council.
In response to Council member Zito's suggestion to limit or restrict water and fracturing
during certain months, the consensus of Council was to include language in the
ordinance.
A motion was made to approve Ordinance 880 -B, 1 St reading, revisions to Chapter 9.5
the City of Southlake's Code, Article IV — Oil and Gas Well Drilling Production, with
respect to guidance to staff to be included in the 2nd reading, regarding restrictions of
fracturing and completion of wells will not be allowed during the months of June, July
and August; the City will review the insurance requirements set forth in the ordinance;
REGULAR CITY COUNCIL MEETING MINUTES, October 4, 2011
Page 7 of 9
City will review the park variance as not specified in the ordinance; any references to
state or federal agencies included in the language will also have a successor type
language in the event that those said agencies change their names or have different
responsibilities; on page 1, comment two (2) will be added to the ambient noise level;
page 3, comment three (3) will be added; page 4, comments four (4) and five (5) will be
added and the discussions from Dr. Tramm will be included later in the text of the
document; page 7, comment seven (7) will be added; page 8, clarify that applicant shall
be required to submit a notarized consent to the variance or from 100% of the affected
property owners in the mineral and surface estates within the variance area, or
alternatively, a written explanation of their good faith effort to secure those consents;
pages 12, 13 and 14, deny all recommended changes /comments; page 15, comment 14
will be added; page 17, comment 15 will be added and comment 16 is denied; page 18,
comment 17 is denied, comment 18 will be added, comment 19 is a narrative and will
not be included in the ordinance; page 19, comment 20 will be added, comment 21 is
denied; Page 20, comment 22 will be added and section 43 will include language that
an unaffiliated third party would be responsible for conducting the assessment and
comments 23, 24 25 26 and 27 are denied; page 22, comment 28 is denied; page 29,
comment 29 is denied; page 30, comments 30 and 31 are denied; page 31, comment
32 will be added and will include clarification language that any data gathering would be
consistent with Texas Commission on Environmental Quality (TCEQ) monitoring
requirements; page 32, comment 33 is denied, comment 34 will be added with the note
that at a minimum there will be a required annual meeting; page 32 —(s) Blowout
prevention, the sixth sentence shall read, "During completion of the well the operation
shall run a seating nipple in the tubing string to accommodate the installation of a
subsurface safety shut off valve. "; page 32, comment 35 is denied; page 33, comment
36 is denied; page 34, comments 37 and 40 are denied, comment 39 will be added, the
first sentence shall read, "The operator shall include the names and addresses all
property owners within 2,000 feet of the proposed well. "; page 34, (ff) add language to
clarify the purpose of this section is allowed to have ponds in the City, but not to
construct frac ponds; page 35, comment 41 is denied; page 37, (rr) (4) tanks will be
compliant with TRRC and or other applicable regulatory bodies and the setback shall
remain as stated in the ordinance; page 41, comment 43 will be added; page 42,
comment 44 and 45 are denied, the language shall clarify that the noise management
plan will address maximum noise levels; page 43, comment 46 is denied; page 45,
comment 47 is denied; page 49, comment 48 is denied.
Mayor Terrell commented the motion did not include setbacks as discussed by Council.
Mr. Baker informed Council that staff would provide proposed language for setbacks
pertaining to parks. Mr. Baker clarified the setback distances is included in the
ordinance and he understood from Council's discussion they would remain the same
with additional discussion for the park setback.
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays:
None
REGULAR CITY COUNCIL MEETING MINUTES, October 4, 2011
Page 8 of 9
Approved: 7 -0
8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.)
9. OTHER ITEMS FOR CONSIDERATION:
9A. CONSIDER APPROVAL OF PRO PLAYERS FOUNDATION'S REQUEST TO
DISPLAY SPONSOR VEHICLES ON PUBLIC PROPERTY FOR FUNDRAISING
PURPOSES.
TABLED
The applicant was not available to present item.
A motion was made to table the item to the October 18, 2011 City Council meeting.
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays:
None
Approved:
7 -0
10. OTHER ITEMS FOR DISCUSSION:
AGENDA.)
(THERE ARE NO ITEMS ON THIS
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 11:00 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
ATTEST:
Alicia Richardson
City Secretary
John Terrell
Mayor
REGULAR CITY COUNCIL MEETING MINUTES, October 4, 2011
Page 9 of 9