Loading...
2011-10-18 Vi CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: October 18, 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, Director of Finance Sharen Jackson, Assistant Director of Finance, Operations – Sean Leonard, Purchasing Manager Tim Slifka, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Civil Engineer Cheryl Taylor, Chief of Fire Services Mike Starr, Fire Marshall David Barnes, Interim Chief of Police Services Rusty Daniels, Deputy Director of Public Works Gordon Mayer, 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 5:42 p.m. 2. INVOCATION Mr. Scott Berry with First Baptist Church of Southlake gave the invocation. Mayor Terrell led the pledge of allegiance. Mayor Terrell announced that Council would move to the Mayor's Report —What the Constitution Means to Me, by Jeffrey Pistor. Jeffrey Pistor, a homeschool 6 grader from Colleyville and member of Classical Conversations of Southlake recited his poem. Jeffrey's poem won the Constituting America, best poem for grades 3 -6. REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011 Page 1 of 14 3. 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 asked Council if they would have any objection to receiving a presentation on Item 7A — Ordinance No. 480 -608 (ZA11 -045). There was no objection from Council. Director of Planning and Development Services Ken Baker presented item and was available to answer questions. There was a consensus of Council to move Item 7A to the consent agenda. Mayor Terrell asked Council if they would have any objection to moving Item 9B — purchase of water line easement to the consent agenda. There was no objection from Council. Mayor Terrell informed the public that Item 6B — Ordinance 880 -B, Oil and Gas Well Drilling and Production is a public hearing. The Council has received a number of e- mails and comments from the public. If a member of the public wishes to speak, a blue public comment card should be completed and returned to the City Secretary or a member of staff. The City Council received 1 pre- written statement cards from the public identifying four opinions. Mayor Terrell read the four statements and informed the public a copy of the pre- written statements are located at the back of the Council Chambers. A member of the public wishing to speak, who concurs with one of the statements may notate that on their public comment card. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:01 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 6:01 p.m. Executive Session began at 6:15 p.m. and concluded at 7:32 p.m. 2B. RECONVENE 'Pre- written statements attached to the minutes. REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011 Page 2 of 14 Mayor Terrell reconvened the regular meeting at 7:45 p.m. and asked if any action was necessary from Executive Session. There was no action needed as result of Executive Session. Mayor Terrell moved to Item 4 — Consent Agenda. 4. CONSENT AGENDA (Items 4A -F) 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 OCTOBER 4, 2011 CITY COUNCIL MEETING. 4B. APPROVE A CONTRACT FOR PREVENTATIVE MAINTENANCE AND REPAIR SERVICES FOR FIRE APPARATUS WITH FIRST VEHICLE SERVICES. 4C. APPROVE AN INTERLOCAL AGREEMENT WITH TEXAS DEPARTMENT OF PUBLIC SAFETY, "FAILURE TO APPEAR PROGRAM," TO PROVIDE A COLLECTION ENFORCEMENT TOOL TO THE CITY OF SOUTHLAKE MUNICIPAL COURT THROUGH WHICH A DEFENDANT'S ABILITY TO RENEW THEIR DRIVER'S LICENSE IS RESTRICTED DUE TO OUTSTANDING VIOLATIONS. 4D. CONSIDER SV11 -015, VARIANCE TO SIGN ORDINANCE NO. 704 -E, AS AMENDED, FOR WATERMERE AT SOUTHLAKE LOCATED AT 2807 WEST SOUTHLAKE BOULEVARD. 4E. ORDINANCE NO. 544 -B, 2 READING, AMENDING ORDINANCE NO. 544 - A, THE CITY OF SOUTHLAKE'S LANDSCAPE ORDINANCE. THIS ITEM IS ADMINISTRATIVELY TABLED TO THE DECEMBER 6, 2011 CITY COUNCIL MEETING. 4F. ORDINANCE NO. 480 -605 (ZA10 -067), 1 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, SEPTEMBER 20, AND OCTOBER 4, 2011 CITY COUNCIL MEETINGS. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE NOVEMBER 1, 2011 CITY COUNCIL MEETING. A motion was made approve the consent agenda, including Items 7A and 9B. REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011 Page 3 of 14 Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 Mayor Terrell moved to Mayor's Reports— Status Report and Update from T. Douglas Lawson. President T. Douglas Lawson of Baylor Regional Medical Center at Grapevine presented an overview of Baylor's 2011 Fiscal Year, commitment to Southlake community and the future hotel expansion. 3. REPORTS A. Mayor's Report – Update of upcoming meetings and events Mayor Terrell announced upcoming meetings and events. Deputy Mayor Pro Tem Muller announced that Southlake DPS Citizens Academy is having an appreciation dinner for public safety employees on Thursday, October 20 at 5:30 p.m. What the Constitution Means to Me, by Jeffrey Pistor Jeffrey Pistor made his presentation to Council during work session. Status Report and Update from President T. Douglas Lawson, Baylor Regional Medical Center at Grapevine Mr. Douglas Lawson made his presentation earlier in the meeting. B. City Manager's Report – There was no presentation for this item. 4. CONSENT AGENDA (Items 4A -F) 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 OCTOBER 4, 2011 CITY COUNCIL MEETING. REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011 Page 4 of 14 4B. APPROVE A CONTRACT FOR PREVENTATIVE MAINTENANCE AND REPAIR SERVICES FOR FIRE APPARATUS WITH FIRST VEHICLE SERVICES. 4C. APPROVE AN INTERLOCAL AGREEMENT WITH TEXAS DEPARTMENT OF PUBLIC SAFETY, "FAILURE TO APPEAR PROGRAM," TO PROVIDE A COLLECTION ENFORCEMENT TOOL TO THE CITY OF SOUTHLAKE MUNICIPAL COURT THROUGH WHICH A DEFENDANT'S ABILITY TO RENEW THEIR DRIVER'S LICENSE IS RESTRICTED DUE TO OUTSTANDING VIOLATIONS. 4D. CONSIDER SV11 -015, VARIANCE TO SIGN ORDINANCE NO. 704 -E, AS AMENDED, FOR WATERMERE AT SOUTHLAKE LOCATED AT 2807 WEST SOUTHLAKE BOULEVARD. 4E. ORDINANCE NO. 544 -B, 2 READING, AMENDING ORDINANCE NO. 544 -A, THE CITY OF SOUTHLAKE'S LANDSCAPE ORDINANCE. THIS ITEM IS ADMINISTRATIVELY TABLED TO THE DECEMBER 6, 2011 CITY COUNCIL MEETING. 4F. ORDINANCE NO. 480 -605 (ZA10 -067), 1 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, SEPTEMBER 20, AND OCTOBER 4, 2011 CITY COUNCIL MEETINGS. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE NOVEMBER 1, 2011 CITY COUNCIL MEETING. Council considered and took action on this item earlier in the meeting. REGULAR AGENDA: 5. PUBLIC FORUM Mayor Terrell opened the public forum. Ms. Dianne Dorman, 100 Ascot Drive, commented on the audio recording of her comments at the October 4, 2011 City Council meeting. Ms. Dorman spoke about the manner in which the City of Southlake handled her public information request. REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011 Page 5 of 14 Ms. Pattie Minder, Southlake citizen, commended City Council, administration and staff. Ms. Minder spoke about the continuous comments addressed by Ms. Dorman during public forum. 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. 480 -439B (ZA11 -027), 2 READING, ZONING CHANGE AND SITE /CONCEPT PLAN FOR CORNERSTONE BUSINESS PARK ON PROPERTY DESCRIBED AS LOTS 1R, 2R1 R, 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 AND OCTOBER 4, 2011 CITY COUNCIL MEETING. PUBLIC HEARING APPROVED Director of Planning and Development Services Ken Baker presented item to Council and was available to answer questions. Mr. Baker's review included future land use designation, current zoning for property, and existing, proposed and revised site and 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. Council and staff discussed the proposed site plan and removal of the cross access drives and shared parking. Mayor Terrell opened the public hearing, and asked for anyone wishing to speak 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 -439B, also known as ZA11 -027, zoning change and site /concept plan for the Cornerstone Business Park, subject to the revised concept plan review summary No. 3, dated October 4, 2011. Motion: Bledsoe Second: Wang Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011 Page 6 of 14 Nays: None Approved: 7 -0 6B. ORDINANCE NO. 880 -B, 2 READING, REVISIONS TO CHAPTER 9.5 OF THE CITY OF SOUTHLAKE'S CITY CODE ARTICLE IV – OIL AND GAS WELL DRILLING AND PRODUCTION. PUBLIC HEARING APPROVED Mayor Terrell commented that the second reading of Ordinance 880 -B would culminate a long journey that began in January 2011. The project has truly been a team process and Mayor Terrell thanked Council, staff and the public. Mayor Terrell informed the public that maps identifying setbacks can be located on the City's website. Staff's presentation will include an overview of the setback maps. Director of Planning and Development Services Ken Baker presented item for Council. Mr. Baker's presentation included an overview of the setback maps; City park setback; distance for testing perennial or intermittent stream, wetland or pond; and insurance requirements. At the request of Mayor Terrell, City Attorney Allen Taylor commented on setback requirements and the regulatory taking case of City of Houston vs. Maguire Oil Company. Mayor Terrell informed the public that Council had considerable discussion on the proposed ordinance at the first reading on October 4, 2011. The outstanding issues — setbacks for City parks, intermittent stream, wetlands and ponds, and insurance requirements will be discussed this evening. Mayor Terrell opened the floor to Council to discuss sections or items of concern related to Ordinance No. 880 -B. Council member Morris requested language be included in the evacuation plan to include senior living facilities. She also requested the setback be changed from 1,000 feet from a habitable structure to 1,000 feet from the property line. Council discussed the ordinance and not having a definition for senior living facilities. Director of Planning and Development Services informed Council if there is not a definition in the ordinance the administrator shall interpret a senior living facility. City Attorney Allen Taylor recommended that Council include general a definition which could read, "a multi - family housing unit or structure designed, constructed and operated for residents by individuals above the age of 60 years of age; intended to provide residential accommodations for senior citizens." REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011 Page 7 of 14 Mr. Baker clarified the oil and gas well drilling ordinance does not provide a definition for assisted living or nursing care facility. The only category defined in the zoning ordinance is "assisted living ". If the City were to provide a definition it will be included in the ordinance. Mayor Terrell opened the public hearing. The consensus of Council was to address senior living facilities in the evacuation plan. Council discussed setback distance requirement from public City parks. The consensus of Council was to set the setback distance requirement at 500 feet. Council member Schelling asked for clarification of wording on page 34, Section (ee). The last two words should be well bore instead of pad site. Mayor Terrell commented that Council received an e-mail from a member of the public regarding Section 9.5 -223. Variance procedure, if regarding notarized consent form signed by all owners of both surface and mineral interests. The citizen's comment is a good point; the City is concerned for surface right owners and the consent of all mineral owners may not be necessary. Council discussed emergency access roadway to well site; notarized consent form signed by all owners; evacuation plan and public notification; insurance requirements, and interest bearing account for funds deposited by a pipeline company. There being no further discussion by Council, Mayor Terrell announced that the public hearing for this item would follow. Mayor Terrell reminded the public to notate on their comment card the pre- written statement they support. A copy of the pre- written statements can be located at the back of the Council Chambers. The public is encouraged to speak if they have additional comments to share with Council. EXECUTIVE SESSION Mayor Terrell announced at 9:45 p.m. that Council would convene to Executive Session pursuant to Section 551.071, consultation with city attorney. City Council adjourned for Executive Session at 9:45 p.m. Executive Session began at 9:50 p.m. and concluded at 9:56 p.m. RECONVENE Mayor Terrell reconvened the regular meeting at 10:04 p.m. Mayor Terrell advised that the pipeline notice referenced on page 46 would be removed as a housekeeping item, because it is addressed in other areas of the ordinance. REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011 Page 8 of 14 Mayor Terrell announced the following citizens did not wish to speak, but asked that their comments be included in the record: Ms. Dianne Dorman, 100 Ascot Drive, supports statement 4. Mr. Bobby Adams, 695 Glade Road, Euless, supports statement 1. Ms. Ruth Adams, 659 W. Glade Road, Euless, supports statement 1. Ms. Jane Brendel Lash, 1007 Normandy Drive, supports maximum protections in the revised oil and gas ordinance. Ms. Sonia & Janeed Khan, 1000 Deer Hollow Boulevard, opposes drilling Mr. Gene and Charlene Upshaw, 855 East Highland Street, supports drilling. Mr. Bob Couch, 2573 Union Church Road, supports drilling. Mr. Matt Wilsman, 1604 Ponderosa Way, supports statement 4. Ms. Stacey Bott, 1604 Ponderosa Way, supports statement 4. Ms. Valerie Clark, 755 Randol Mill Avenue, opposes new ordinance; wants to sell her mineral rights. Mr. Bill Gleim, 1905 Amesbury Court, supports statement 4. Mr. David Spillyards, 1920 Cresson, supports statement 4. Mr. Bill and Phyllis Lavaverer, 620 South White Chapel Boulevard, opposes drilling. Mr. Mel Skaggs, 600 Llano Court, opposes ordinances revisions. Mr. Joey and Laurie Milner, 651 East Highland, supports drilling. Ms. Beverly, Spillyards, 1920 Cresson, supports statement 4. Saman Shabnam, 700 Deer Hollow Boulevard, opposes drilling. Mr. John Van Son, opposed to drilling as written. Ms. Mary Lou Milner, 555 East Highland, supports statement 4. Ms. Pattie Minder, 223 Eastwood Drive, supports gas drilling. Ms. Zena Rucker, 650 South Carroll Avenue, supports statement 1. Ms. Jacqueline Craft, 650 South Carroll Avenue, supports statement 1. Ms. Leslie Guess, 411 Bryn Meadows, supports statement 4. Ms. Carol Kostaras, 1314 Montgomery Lane, supports statement 4 The following citizens spoke during the public hearing: Ms. Joan Gonzales, Southlake resident, commented that she supports statement 4. She supports maximum protections in revised oil and gas ordinances. Ms. Gonzales commented that she is not in favor of drilling next to residential property. Mr. Steve Oren, 2050 Shady Oaks Drive, stated that he believed Council would support a more liberal policy for oil and gas well drilling. According to the records he obtained through the Public Information Act, the comments were 3 to 1 in support of oil and gas well drilling. The new ordinance will restrict drilling in Southlake. Mr. Michael Guidotti advised that he did not wish to speak, but he supports statement 4. Mr. Todd Schneider, 1418 Monarch Way, was not present when his name was called by Mayor Terrell. Mr. Schneider's comment card notated that he supports statement 4. REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011 Page 9 of 14 Ms. Laurie Schneider, 1418 Monarch Way, was not present when her name was called by Mayor Terrell. Ms. Schneider's comment card notated that she supports statement 4. Ms. Bernice McCauley, 900 Wildwood, was not present when Mayor Terrell called her name. Ms. McCauley's comment card notated that she supports statements 1 and 3. Mr. Dick McCauley, 900 Wildwood, was not present when Mayor Terrell called his name. Mr. McCauley's comment card notated that he supports statements 1 and 3. Mr. Bill Spivey, 1520 Randol Mill, commented that he supports statement 3. Mr. Tom Allen, 9 Village Circle, Westlake, did not wish to speak, but asked that his support of the current ordinance without change be included in the record. Ms. Cynthia Day, Southlake resident, commented that she supports maximum protection and increased setbacks. Mr. Donny J. Charlton, 4357 Homestead Drive, was not present when Mayor Terirell called his name. Mr. Charlton's comment card notated that he opposes Ordinance No. 880 -B. Ms. Zena Rucker, 650 South Carroll, was not present when Mayor Terrell called his name. Ms. Rucker's comment card notated that she was opposed to Ordinance No. 880 -B. Mr. Jim McCutcheon, 1383 Woodbrook Lane, spoke in support of drilling and commented that he supports statements 1 and 3. Ms. Erin Rolstad, 1327 Village Green Drive, commented that she supports drilling in the City. Mr. Chris Monroe, 1500 South White Chapel Boulevard, commented that he supports statements 2 & 4. He lives 2,000 feet from the Titan site and it has impacted his family. He commented that he is not against drilling, but he is against residential drilling. Ms. Ann Davis, 308 Foxborough, spoke in support of drilling and the current ordinance. She mentioned her concern with Section 255, the additional restrictions and the potential that it will deter future drilling. Ms. Patty Gleim, 1905 Amesbury Court, was not present when Mayor Terrell called her name. Ms. Gleim's statement card notated that she supports statement 4. Mr. Howard Sanders, 1000 Lakewood Drive, concurred with Ms. Davis' comments. He stated that he supports the 2008 ordinance with Milner stipulations and statements 1 and 3. REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011 Page 10 of 14 Ms. Myrna Solomon, 709 Malton Lane, was not present when Mayor Terrell called her name. Ms. Solomon's comment card notated that she was opposed to additional restrictions. Mayor Terrell announced that comment cards were received at the October 4, 2011 meeting. At that meeting, the public was informed that their comment cards would be read into the record at the October 18, 2011 City Council meeting. Mayor Terrell read the following comment cards into the record, not including those from citizens who spoke or submitted a comment card this evening. Ms. Valerie Joy Clark, 755 Randol Mill, notated that she is against more restrictions. Ms. Shannon Buss, 1403 Vino Blanc Court, notated that she is against gas drilling and supports stricter setbacks. Ms. Valorie Cordes, 1570 Bent Creek Drive, notated that she supports maximum protections. Ms. Nina Louise Dunn, 950 White Chapel, notated that she opposes Ordinance 880 -B. Mr. Bart Davis, 308 Foxborough, notated that he opposes the increased setbacks. Mr. Michael K Han, 405 Bryn Meadows, notated that he opposes ordinance and would like greater safety protections. Mr. Bob Couch, 1535 Union Church, notated that he opposes Ordinance No. 880 -B. Mr. Karl Kimball, 680 True Love Trial, notated that he opposes Ordinance No. 880 -B. Ms. Claire Kohanow, 1880 East Dove Road, notated that she supports gas drilling. Mr. Mark Kubik, 1434 Montgomery Lane, notated that he supports the most strict setbacks and variance restrictions. Ms. Natasha Smith, 805 Gateshead Court, notated that she supports drilling and is opposed to the proposed ordinance. Mr. Michael Smith, 805 Gateshead Court, notated that he supports drilling and is opposed to the proposed ordinance. Mel Skaggs, 600 Llano Court, notated that he supports drilling and opposes increased setbacks and new definitions. Ms. Cheritta McCray, 807 Gateshead Court, notated that she is opposed to Ordinance No. 880 -B. REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011 Page 11 of 14 Mr. Clifford Mcagher, 1880 East Dove Road, notated that he supports Ordinance No. 880 -B. Mayor Terrell asked if there was anyone else wishing to speak on this item. Mr. Joe Wright, Southlake resident, stated that he did not appreciate the comment against Council member Martin Schelling. There being no one else wishing to speak, Mayor Terrell closed the public hearing. Mayor Pro Tem Bledsoe clarified that his motion includes comments and stipulations from the first reading. A motion was made to approve Ordinance No. 880 -B, with the following stipulations: Section 237 — Insurance, Section 3A(1) – Commercial or Comprehensive Liability is 10 million per occurrence with 25 million aggregate coverage; Section 3A(3) - Environmental Impairment Insurance is 25 million; no changes to automobile liability and workman's compensation; Excess Umbrella Liability is 25 million; Control of Well Insurance will remain at 10 million with maximum deductible at $250,000; Page 19, paragraph 39 – add language that senior living facilities to be defined by city attorney (as stated earlier in the meeting); fresh water wells will be properly registered, per appropriate regulatory authorities; Section 242 - setback – a setback will be added for City of Southlake public parks of 500 feet; Section 242, Page 34, a clarification that emission sources will be 300 feet from the well bore; Section 223, Page 9, paragraph F – striking reference to mineral owners; Section 234, paragraph 35, page 19, evacuation plans will address alternative access points for ingress and egress to the drill site other than primary access; Section 242, page 34 add clarifying language that complaint is received from a well owner; Section 234, page 19, paragraph 39– notice, language will include "a list of homes or habitable structures" and strike reference "to all persons "; Section 266, paragraph [sic] page 54, paragraph D will be stricken in entirety; Section 245(b) the reference to Section 234(b)(51) should read Section 234(b)50; Section 242, page 34 (gg) should read complaint from an actual well owner will be investigated by staff. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011 Page 12 of 14 7A. ORDINANCE NO. 480 -608 (ZA11 -045), 1 READING, ZONING CHANGE AND SITE PLAN FOR CORNERSTONE BUSINESS PARK ON PROPERTY DESCRIBED AS LOTS 1R, BLOCK 4, CORNERSTONE BUSINESS PARK ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 500 SOUTH NOLEN DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: 1 -1 — LIGHT INDUSTRIAL ZONING DISTRICT. REQUESTED ZONING: S -P -1 - DETAILED SITE PLAN ZONING DISTRICT. SPIN NEIGHBORHOOD #8. (IF APPROVED ON FIRST READING, THE SECOND READING WILL BE HELD ON NOVEMBER 1, 2011.) APPROVED This item was approved with the Consent Agenda. 8. RESOLUTIONS: 8A. RESOLUTION NO. 11 -048, APPOINT MEMBERS TO THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION AND ZONING BOARD OF ADJUSTMENT. TABLED A motion was made to table Resolution No. 11 -048 to the November 1, 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 PRO PLAYERS FOUNDATION'S REQUEST TO DISPLAY SPONSOR VEHICLES ON PUBLIC PROPERTY FOR FUNDRAISING PU RPOSES. TABLED A motion was made to table this item to the November 1, 2011 City Council meeting. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011 Page 13 of 14 9B. APPROVE PURCHASE OF A WATERLINE EASEMENT FOR TW KING 30 INCH WATER LINE FROM PROPERTY LOCATED ON THE SOUTH SIDE OF S.H. 114 FROM PROPOSED F.M. 1938 TO SOLANA BOULEVARD IN THE AMOUNT OF $270,900. APPROVED This item was approved with the Consent Agenda. 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 11:09 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. 1L 4 - Joh Terre Mayor ATTEST: Jis Iv% Alicia Richardson , City Secretary �' " , . ,*I(4 ,,,,, ,,,, REGULAR CITY COUNCIL MEETING MINUTES, October 18, 2011 Page 14 of 14