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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