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2011-11-15 gri CITY OF TEXAS SOU LAKE REGULAR CITY COUNCIL MEETING MINUTES: November 15, 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, and Al Zito. CITY COUNCIL ABSENT: Jeff Wang STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager /Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Ortowski, Communication and Websites Manager Pilar Schank, Director of Community Services Chris Tribble, Director of Finance Sharen Jackson, Director of Planning and Development Services Ken Baker, Planner II Richard Schell, Interim Chief of Police Services Rusty Daniels, Director of Public Works Bob Price, City Attorney E. Allen Taylor, and City Secretary Alicia Richardson. WORK SESSION: 1.CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:35 p.m. 2. INVOCATION Mr. Clayton Reed with Southlake Baptist Church gave the invocation. Mayor Terrell led the pledge of allegiance. 3. VETERAN'S DAY RECOGNITION Mayor Terrell announced that the City of Southlake held their annual Veteran's Day recognition on Friday, November 11. Each year the City recognizes employees for their service in the armed forces. This year, the City recognized 41 employees. 4. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. REGULAR CITY COUNCIL MEETING MINUTES, November 15, 2011 Page 1 of 13 Mayor Terrell reviewed the consent agenda items. Council discussed Item 4B— December 20, 2011 City Council meeting. The consensus of Council was to cancel the meeting. Mayor Terrell announced that the applicant for Item 6D— zoning change and site plan for Gateway Church addition has requested to table the second reading to the December 6, 2011 City Council meeting. The consensus of Council was to move Item 6D to the consent agenda, noting the public hearing is tabled to December 6, 2011. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 5:48 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; Section 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:48 p.m. Executive Session began at 6:05 p.m. and concluded at 6:50 p.m. 2B. RECONVENE Mayor Pro Tem Bledsoe reconvened the regular meeting at 7:06 p.m. and asked if any action was necessary from Executive Session. There was no action needed as result of Executive Session. Mayor Terrell was not present when the meeting was reconvened by Mayor Pro Tem Bledsoe. Council member Wang was absent from the meeting. 3. REPORTS A.Mayor's Report — Update of upcoming meetings and events Presentation by Congressman Marchant's Office recognizing Council Member Morris as Star of the 24th District District Communications and Outreach Representative Matt Jack recognized Council member Morris for her countless hours of dedication for the Polycystic Kidney Diseases (PKD) Foundation. As a result of her involvement with the PKD Foundation, REGULAR CITY COUNCIL MEETING MINUTES, November 15, 2011 Page 2 of 13 Congressman Marchant selected Council member Morris to receive the "Star of the 24 ". Congressman Marchant created the "Star of the 24 th " initiative to recognize outstanding citizens and groups in the 24 Congressional District of Texas. B. City Manager's Report — City Manager Shana Yelverton introduced new Police Chief Stephen L. Mylett. 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 NOVEMBER 1, 2011 CITY COUNCIL MEETING. 4B. CANCEL OR RESCHEDULE THE DECEMBER 20, 2011 CITY COUNCIL MEETING. The consensus of Council was to cancel the December 20, 2011 City Council meeting. 4C. ORDINANCE NO. 1018, 1 ST READING PROVIDING FOR THE TAXATION OF GOODS -IN- TRANSIT EXEMPT UNDER SECTION 11.253 OF THE TEXAS TAX CODE; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (IF APPROVED ON FIRST READING, THE PUBLIC HEARING WILL BE HELD ON DECEMBER 6, 2011.) 4D. ORDINANCE NO. 480 -556A (ADVERTISED AS ORDINANCE NO. 613) (ZA11 -051), 1 ST READING, ZONING CHANGE AND SITE PLAN FOR BOSWORTH OFFICES ON PROPERTY DESCRIBED AS LOTS 2R1, 2R2, 2R3 AND 2R4, BREWER INDUSTRIAL ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1900 -1930 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -1 — DETAILED SITE PLAN ZONING DISTRICT. REQUESTED ZONING: S -P -1 — DETAILED SITE PLAN ZONING DISTRICT. SPIN NEIGHBORHOOD #4. (IF APPROVED ON FIRST READING, THE PUBLIC HEARING WILL BE HELD ON DECEMBER 6, 2011.) 4E. RESOLUTION NO. 11 -047, ESTABLISH A CITY - MANAGED KEEP SOUTHLAKE BEAUTIFUL PROGRAM. 4F. ORDINANCE NO. 1019, 1 ST READING, AUTHORIZE SALE OF CITY -OWNED PROPERTY AT 4429 SODA RIDGE ROAD IN THE AMOUNT OF $9,125. (IF APPROVED ON FIRST READING, THE PUBLIC HEARING WILL BE HELD ON DECEMBER 6, 2011.) REGULAR CITY COUNCIL MEETING MINUTES, November 15, 2011 Page 3 of 13 4G. ORDINANCE NO. 1016, 1 READING, SOUTHLAKE ARTS MASTER PLAN, COMPONENT OF THE SOUTHLAKE 2030 PLAN. (IF APPROVED ON FIRST READING, THE PUBLIC HEARING WILL BE HELD ON DECEMBER 6, 2011.) 4H. APPROVE A PUBLIC ART DISPLAY PERMIT FROM SOUTHLAKE SISTER CITIES FOR SISTER CITIES INTERNATIONAL YOUNG ARTISTS SHOWCASE TRAVELING EXHIBITION IN THE SOUTHLAKE TOWN HALL LOBBY, DECEMBER 17 — DECEMBER 31, 2011. 41. APPROVE A CONTRACT WITH 3M LIBRARY SYSTEMS FOR THE SOUTHLAKE LIBRARY RADIO FREQUENCY IDENTIFICATION DEVICE (RFID) UPGRADE IN THE AMOUNT OF $48,847. 4J. ORDINANCE NO. 480 -612 (ADVERTISED AS ORDINANCE NO. 612) (ZA11- 037), 1 READING, ZONING CHANGE AND SITE PLAN FOR JELLICO CHASE OFFICE PARK ON PROPERTY DESCRIBED AS TRACTS 2C26 AND 2C27, J.G. ALLEN SURVEY, ABSTRACT NO. 18, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 180 AND 190 JELLICO CIRCLE, SOUTHLAKE, TEXAS. CURRENT ZONING: SF -1A — SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. PROPOSED ZONING: 01 — OFFICE ZONING DISTRICT. SPIN NEIGHBORHOOD #11. THIS ITEM WAS TABLED BY THE PLANNING AND ZONING COMMISSION AT THEIR NOVEMBER 3, 2011 MEETING. (IF APPROVED BY THE PLANNING AND ZONING COMMISSION ON NOVEMBER 17, 2011; THE CITY COUNCIL WILL CONSIDER THE FIRST READING OF THE ORDINANCE ON DECEMBER 6, 2011.) THE PUBLIC HEARING FOR THIS ITEM WAS ORIGINALLY SCHEDULED FOR DECEMBER 6, 2011. THE PUBLIC HEARING WILL BE REPUBLISHED FOR A LATER DATE. City staff received a request from the applicant to table item to the December 8, 2011 Planning and Zoning Commission meeting. If approved by the Planning and Zoning Commission, City Council will consider the first reading of Ordinance No. 480 -612 on January 3, 2012. 4K. ORDINANCE NO. 1017 (CP11 -001), 1 READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO OFFICE COMMERCIAL ON PROPERTY DESCRIBED AS TRACTS 2C26 AND 2C27, J.G. ALLEN SURVEY, ABSTRACT NO. 18, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 180 AND 190 JELLICO CIRCLE, SOUTHLAKE, TEXAS. CURRENT ZONING: SF -1A — SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. PROPOSED ZONING: 01 — OFFICE ZONING DISTRICT. SPIN NEIGHBORHOOD #11. THIS ITEM WAS TABLED BY THE PLANNING AND ZONING COMMISSION AT THEIR NOVEMBER 3, 2011 MEETING. (IF APPROVED BY THE PLANNING AND ZONING COMMISSION ON NOVEMBER 17, 2011; THE CITY COUNCIL WILL REGULAR CITY COUNCIL MEETING MINUTES, November 15, 2011 Page 4 of 13 CONSIDER THE FIRST READING OF THE ORDINANCE ON DECEMBER 6, 201t) THE PUBLIC HEARING FOR THIS ITEM WAS ORIGINALLY SCHEDULED FOR DECEMBER 6, 2011. THE PUBLIC HEARING WILL BE REPUBLISHED FOR A LATER DATE. City staff received a request from the applicant to table item to the December 8, 2011 Planning and Zoning Commission meeting. If approved by the Planning and Zoning Commission, City Council will consider the first reading of Ordinance No. 1017 on January 3, 2012. A motion was made to approve the consent agenda, to include Item 6D noting that item is tabled to the December 6, 2011 City Council meeting, and Items 4J and 4K being tabled to the December 8, 2011 Planning and Zoning Commission meeting and the first reading of the ordinances would be at the January 3, 2012 City Council meeting. Motion: Morris Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Zito Nays: None Approved: 5 -0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Pro Tem Bledsoe opened the public forum and asked for anyone wishing to address the Council to come forward. There being no one wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480 -609 (ZA11 -048), 2 READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR WESTWYCK HILLS PHASE II ADDITION ON PROPERTY DESCRIBED AS LOT 3R, JOHN CHILDRESS NO. 253 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND CURRENTLY ADDRESSED AS 1581 RANDOL MILL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: SF -1A — SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: R -PUD — RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #5. PUBLIC HEARING APPROVED Planner II Richard Schell presented Items 6A and 6B and was available to answer questions from Council. Mr. Schell's review included the future land use designation, current zoning, development plan, tree preservation plan, existing plat and plat revision. REGULAR CITY COUNCIL MEETING MINUTES, November 15, 2011 Page 5 of 13 The Planning and Zoning Commission at their October 20, 2011 meeting approved ZA11 -048 by a vote of 7 -0, subject to the development plan review summary No. 2, dated October 13, 2011. The City Council at their November 1, 2011 meeting approved the first reading of Ordinance No. 480 -609, zoning change and development plan for Westwyck Hills Phase II, subject to the development plan review summary No. 2, dated October 13, 2011. Mr. Schell informed Council the Planning and Zoning Commission approved companion Item 6B (ZA11 -049) at their October 20, 2011 meeting by a vote of 7 -0, subject to plat review summary No. 2, dated October 13, 2011. Applicant Tom Matthews, 726 Commerce Street, was present to answer questions from Council. Mayor Pro Tem Bledsoe 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 Pro Tem Bledsoe closed the public hearing. A motion was made to approve Ordinance No. 480 -609 (ZA11 -048), second reading, zoning change and development plan for Westwyck Hills Phase II Addition on property described as Lot 3R, John Childress No. 253 Addition, an addition to the City of Southlake, Tarrant County, Texas and currently addressed as 1581 Randol Mill Avenue, Southlake, Texas; subject to the development plan review summary No. 2, dated October 13, 2011; the landscape administrator will be onsite to determine which trees will be removed when retaining wall is constructed; and the trees required to be removed for the drainage will not be mitigated. Motion: Morris Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Zito Nays: None Approved: 5 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 3R, J. CHILDRESS NO. 253 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.275 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED REGULAR CITY COUNCIL MEETING MINUTES, November 15, 2011 Page 6 of 13 UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6B. ZA11 -049, PLAT REVISION FOR LOTS 27, 28 AND 29, BLOCK 1, WESTWYCK HILLS PHASE II ON PROPERTY DESCRIBED AS LOT 3R, JOHN CHILDRESS NO. 253 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND CURRENTLY ADDRESSED AS 1581 RANDOL MILL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: SF -1A — SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: R- PUD — RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #5. APPROVED This item was presented in conjunction with Item 6A. A motion was made to approve ZA11 -049, plat revision for Lots 27, 28 and 29, Block 1, Westwyck Hills Phase II on property described as Lot 3R, John Childress No. 253 Addition, City of Southlake, Tarrant County, Texas and currently addressed as 1581 Randol Mill Avenue, Southlake, Texas; subject to Planning and Zoning Commission's recommended approval and plat review summary No. 2, dated October 13, 2011. Motion: Morris Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Zito Nays: None Approved: 5 -0 6C. ORDINANCE NO. 480 -611 (ZA11 -052), 2 READING, ZONING CHANGE AND CONCEPT PLAN FOR PALAZZO RESIDENCE ON PROPERTY DESCRIBED AS TRACT 4D AND 4D01, F. THROOP SURVEY, ABSTRACT NO. 1511, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 1931 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: AG — AGRICULTURAL DISTRICT. REQUESTED ZONING: SF -2 - SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN NEIGHBORHOOD #4. PUBLIC HEARING APPROVED REGULAR CITY COUNCIL MEETING MINUTES, November 15, 2011 Page 7 of 13 Planner II Richard Schell presented item and was available to answer questions from Council. Mr. Schell's review included the future land use designation, current zoning, original concept plan and subsequent revisions, and rendering of proposed residence. The Planning and Zoning Commission at their October 20, 2011 meeting approved the request by a vote of 6 -0, subject to revised concept plan review summary No. 1, dated October 13, 2011. The City Council at their November 1, 2011 meeting approved the first reading of the ordinance by a vote of 7 -0; subject to the revised concept plan review summary No. 1, dated October 13, 2011; and subject to a tree mitigation agreement to be negotiated with City Staff. Applicant Jim Palazzo, 416 Stockton Drive, was available to answer questions from Council. Mayor Pro Tem Bledsoe 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 Pro Tem Bledsoe closed the public hearing. A motion was made to approve Ordinance No. 480 -611 (ZA11 -052), 2 reading, zoning change and concept plan for Palazzo residence on property described as Tract 4D and 4D01, F. Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas being located at 1931 North Carroll Avenue; subject to revised concept plan review summary No. 1, dated October 13, 2011; a tree mitigation has been drafted and owner agrees to replace 40 caliper inches of trees on the above described property prior to the issuance of the certificate of occupancy or recreational home; tree plantings shall either be from the recommended tree planting list of the Southlake Tree Preservation Ordinance and technical manual or similar type species of trees selected by the City landscape administrator. Motion: Morris Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Zito Nays: None Approved: 5 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 4D AND 4D1, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.96 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" REGULAR CITY COUNCIL MEETING MINUTES, November 15, 2011 Page 8 of 13 AGRICULTURAL DISTRICT TO "SF -2" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6D. ORDINANCE NO. 480 -610 (ZA11 -057), 2 READING, ZONING CHANGE AND SITE PLAN FOR GATEWAY CHURCH ADDITION ON PROPERTY DESCRIBED AS LOT 1R, BLOCK 1, GATEWAY CHURCH ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND CURRENTLY ADDRESSED AS 2121 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: CS — COMMUNITY SERVICE DISTRICT. REQUESTED ZONING: S -P -1 — DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC HEARING TABLED This item was moved to the consent agenda. 6E. ZA11 -050, SITE PLAN FOR VERIZON EXPANSION ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, SOLANA ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 500 WEST DOVE ROAD, SOUTHLAKE, TEXAS. CURRENT ZONING: NRPUD — NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #1. PUBLIC HEARING APPROVED Planner II Richard Schell presented item and was available to answer questions from Council. Mr. Schell's review included the future land use designation, current zoning for property, existing concept and site plans, proposed site plan, summary parking chart, proposed elevations and landscape plan. Mr. Schell informed Council the applicant is requesting a variance to the vertical and horizontal articulation requirements of Zoning Ordinance No. 480, Section 43.9.c.1.d of all visible facades from corridor right of way and /or any portion of the building within 400' of a property zoned or designated residential. The Planning and Zoning Commission approved the request by a vote of 4 -0, subject to site plan review summary No. 2, dated October 28, 2011, noting the applicant's willingness to comply with the City of Southlake noise ordinances at the property line and to install sound mitigation. REGULAR CITY COUNCIL MEETING MINUTES, November 15, 2011 Page 9 of 13 Corgan Associates representative Laura Harrison, 401 North Houston Street, Dallas, answered questions from Council. Mayor Pro Tem Bledsoe 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 Pro Tem Bledsoe closed the public hearing. A motion was made to approve ZA11 -050, site plan for Verizon expansion on property described as Lot 1, Block 1, Solana Addition, Southlake, Tarrant County, Texas and located at 500 West Dove Road, Southlake, Texas; subject to the site plan review summary No. 2, dated October 28, 2011; noting the applicant's willingness to comply with the City of Southlake's Noise Ordinance at the property line and to install sound mitigation; approving the variance to articulation as requested; all testing of the generators will be moved to daytime hours only; and all truck traffic will only be on Dove Road. The motion was amended to include that routine maintenance would be during daytime hours. Motion: Morris Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Zito Nays: None Approved: 5 -0 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA.) 8. RESOLUTIONS: 8A. RESOLUTION NO. 11 -050, AMEND THE CITY OF SOUTHLAKE FEE SCHEDULE RELATED TO OIL AND GAS DRILLING. APPROVED Director of Planning and Development Services Ken Baker presented item to Council and was available to answer questions. Mr. Baker reviewed the following recommendations: 1.Increase the Specific Use Permit fee from $15,000 to $19,500: 2. Increase the Seismic Survey Permit from $250.00 to $500.00; 3.Increase the Revolving Account minimum balance from $15,000 to $50,000 (Ordinance No. 880 -B requirement — Section 9.5 -234 (d)); and, 4. Delete the line item "Amended Well Permit Inspection Fee ". (This fee is a function of the contract with the City's gas inspector and may vary depending on circumstances or contract agreement.) REGULAR CITY COUNCIL MEETING MINUTES, November 15, 2011 Page 10 of 13 A motion was made to approve Resolution No. 11 -050 to amend the City of Southlake Fee Schedule related to oil and gas drilling, based on the cost estimates that have been performed by City Staff the following changes are recommended: increase Specific Use Permit Fee to $19,500; increase Seismic Survey Permit to $500.00; increase Revolving Account minimum balance to $50,000; and delete the line item "Amended Well Permit Inspection Fee ", this fee is a function of the contract with the City's gas inspector and may vary depending on circumstances or contract agreement. Motion: Morris Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Zito Nays: None Approved: 5 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING RESOLUTION NO. 09- 058; PROVIDING THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL PROVISIONS OF RESOLUTIONS NO. 97 -059; NO. 94 -046; NO.94 -061; NO. 95 -05; NO. 95 -34; NO. 95 -50; NO. 96 -57; NO. 97 -50; NO. 97 -59; NO. 99 -07; NO. 01 -149; NO. 06 -016; NO. 08 -013; NO. 09- 58; NO.10 -52; NO. 11 -046 AND PROVIDING AN EFFECTIVE DATE. EXECUTIVE SESSION Mayor Pro Tem Bledsoe announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.074, deliberation regarding personnel matters. City Council adjourned for Executive Session at 8:19 p.m. Executive Session began at 8:25 p.m. and concluded at 8:35 p.m. Mayor Terrell present at 8:19 p.m. RECONVENE Mayor Terrell reconvened the regular meeting at 8:30 p.m. 8B. RESOLUTION NO. 11 -051, APPOINT MEMBERS TO THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION, SOUTHLAKE BUSINESS COUNCIL, SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS, AND ZONING BOARD OF ADJUSTMENT. THIS ITEM WAS PREVIOUSLY TABLED AT THE OCTOBER 18, 2011 AND NOVEMBER 1, 2011 CITY COUNCIL MEETINGS. APPROVED A motion was made to approve Resolution No. 11 -051 to appoint the following citizens: REGULAR CITY COUNCIL MEETING MINUTES, November 15, 2011 Page 11 of 13 •Tamara McMillan — Southlake Parks Development Corporation, term expiring May 2013; and *Paul Venesky — Zoning Board of Adjustment, term expiring May 2012 The motion was amended to include: •Brett Kidd — Southlake Business Council, term expiring May 2013; and •Kevin O'Brien — Southlake Program for the Involvement of Neighborhoods, no term expiration Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito Nays: None Approved: 6 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO SOUTHLAKE PARKS DEVELOPMENT CORPORATION SOUTHLAKE BUSINESS COUNCIL, SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (S.P.I.N.), AND ZONING BOARD OF ADJUSTMENT, AND PROVIDING AN EFFECTIVE DATE. 9. OTHER ITEMS FOR CONSIDERATION: (THERE ARE NO ITEMS ON THIS AGENDA.) 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 8:43 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office, SD, John Terrell Mayor REGULAR CITY COUNCIL MEETING MINUTES, November 15, 2011 Page 12 of 13 ATTEST: u l Lgk',• ;,. •` O ••••• . • lam- • :cnc Alicia Richardson 0 City Secretary ' REGULAR CITY COUNCIL MEETING MINUTES, November 15, 2011 Page 13 of 13