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2009-10-20 Regular CC Meeting CITY OF SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING: OCTOBER 20.2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order. 2. Invocation: Clayton Reed, Chaplain of the Month 3. Reception for Board and Commission members 4. Briefing by Giovanna Phillips, President of the Southlake Chamber of Commerce, on their One Stop Shop Southlake program 5. Economic Development Update 6. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:30 P.M. or immediately following the work session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071: Consultation with attorney a. Seek advice of attorney regarding potential construction delay claim. b. Update on ethics requirements for elected officials. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 20, 2009 Page 2 of 6 B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events B. City Manager's Report 1. Financial Report 2. Introduce Cynthia Plfedderer, new youth librarian C. Arts Council Report CONSENT AGENDA: All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: A. Approve minutes from the October 6, 2009 regular City Council meeting. B. Approve SPDC Matching Funds request from Keep Southlake Beautiful in the amount of $8,000 for construction of landscape beds in Liberty Garden. C. Approve a guaranteed maximum price amendment with Dean Electric, Inc., dba Dean Construction, in the amount of $10,245,740 for construction of Bicentennial Park Project, Phase I. D. Approve interlocal purchasing agreements with North Richland Hills, Flower Mound, Harris County Department of Education, and TIPS/TAPS Region VIII Education Service Center. E. Resolution No. 09-064, Approve an interlocal purchasing agreement with TIPS/TAPS Region VIII Education Service Center. F. ZA09-041, Plat Revision for Lot 6R, Block 52, Timarron Addition, Northwood Park, Phase One being a revision of Lot 6, Block 52, Timarron Addition, Northwood Park, Phase One and being located at 612 Northwood Trail. Current Zoning: RPUD Residential Planned Unit Development. SPIN Neighborhood #9. G. Resolution No. 09-066, Authorize the filing of a project application with the North Central Texas Council of Governments for a regional solid waste program grant to fund the Curbside Leaf Recycling Program in FY 2010. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 20, 2009 Page 3 of 6 H. Consider SV09-017, Variance to Sign Ordinance No. 704, as amended, for Carpet One located at 154 Bank Street. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE DECEMBER 1, 2009 CITY COUNCIL MEETING. 1. Ordinance No. 480-588 (ZA09-017), 1St Reading, Zoning Change and Site Plan for Bethel Methodist Church of Southlake on property being described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, and being located at 180 and 190 Jellico Circle West. Current Zoning: SF- 1A Single-Family Residential District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE DECEMBER 1, 2009 CITY COUNCIL MEETING. J. Approve the tabling of a Commercial Developer Agreement for construction of a middle school on Kirkwood Boulevard at Blessed Way with Carroll Independent School District. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.) 6. Ordinances, second readings, public hearings, and related items: A. ZA09-038, Site Plan for 175 Miron Drive (Roof Improvements) on property being described as Lot 2R1, Block 1, Miron Subdivision and being located at 175 Miron Drive. Current Zoning: 131 Business Service Park District. SPIN Neighborhood #8. PUBLIC HEARING B. ZA09-040, Site Plan for Saint Laurence Episcopal Church on property being described as Lot 1R, Block A, Saint Laurence Episcopal Church Addition and being located at 517, 519 and 529 North Kimball Avenue. Current Zoning: CS Community Service District. SPIN Neighborhood #4. PUBLIC HEARING C. Resolution No. 09-065, (ZA09-042) Specific Use Permit for an accessory building for Koch Pipeline on property being described as Lot 2, Block 1, Fina Addition and being located at 2350 State Highway 26 (Ira E. Woods Avenue.) Current Zoning: 12 Heavy Industrial District. SPIN Neighborhood #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 20, 2009 Page 4 of 6 A. Ordinance No. 480-542a, (ZA09-046), 1St Reading, Zoning Change and Site Plan for Southlake Villa Offices on property being described as Tract 3, W.W. Hall Survey, Abstract No. 687 and being located at 310 East Southlake Boulevard. Current Zoning: S-P-1 Site Plan Zoning District. Proposed Zoning: S-P-1 Site Plan Zoning District. SPIN Neighborhood #7. (If approved at first reading, the public hearing will be held November 3, 2009.) 8. Resolutions: A. Resolution No. 09-067, Appoint members to the Southlake 2030 Plan Element Committees. 9. Other items for consideration: A. Consider SV09-019, Variance to Southlake Town Square Grand Avenue District Conditional Sign Permit for Metropark located at 252 Grand Avenue, Building GA-2. B. ZA09-037, Plat Revision for Lots 1 R1 and 1 R2, Block 1, Southlake Assembly of God Addition on property being described as Lot 1, Block 1, Southlake Assembly of God and being located at 101 East Highland Street. Current Zoning: CS Community Services District and AG Agricultural. SPIN Neighborhood #7. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, October 16, 2009, by 6:00 p.m., pursuant to the Texas Government., 0-ode, Chapter 551. 0 J, cn: Lori Payne, TR = A ® e® City Secretary °OI a••e O••O•• If you plan to attend this public meeting°and`Have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 20, 2009 Page 5 of 6 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. Michael Kenny vs. City of Southlake. April 2008. 2. Jayson Steele vs. City of Southlake. August 2008. Section 551.072: Deliberation regarding real property The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 20, 2009 Page 6 of 6 weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism-related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork U CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 20, 2009 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Virginia M. Muzyka, Deputy Mayor Pro Tern Laura K. Hill and Councilmembers Brandon Bledsoe, Gregory Jones, Carolyn Morris, and Pamela A. Muller. CITY COUNCIL ABSENT: None. 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, Community Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Kari Happold, Deputy Director of Community Services Kerry McGeath, Youth Librarian Cynthia Pfledderer, Assistant to the Director Crystal Shafer, Senior Services Coordinator Amanda Troum, Community Services Intern Jonathan Scheu, Director of Economic Development Greg Last, Marketing and Tourism Coordinator Jill Cherry, Director of Finance Sharen Jackson, Deputy Director of Finance Sean Leonard, Alternative Municipal Court Judge Gary Lee Hach, Purchasing Manager Tim Slifka, Teen Court Coordinator Kristin White, Director of Human Resources Kevin Hugman, Human Resources Supervisor Stacey Black, Director of Information Technology Dale Dean, Information Technology Technician Eric Lusk, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Chief Building Official Paul Ward, Planner II Richard Schell, Planner I Lorrie Fletcher, Administrative Secretary Stephanie Breitbarth, Permit Technician Dianna Brawner, Chief of Fire Services Mike Starr, Community Initiatives Officer Renni Burt, Emergency Management Coordinator Colleen Gilmore, Chief of Police Services Robert Finn, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor, City Secretary Lori Payne, and Deputy City Secretary Tara Brooks. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell at 5:35 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Clayton Reed, gave the invocation. Mayor Terrell led the pledge of allegiance. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009 Page 1 of 7 Agenda Item No. 3. Reception for Board and Commission members. Mayor Terrell thanked all of the volunteers in the room for their service to the City of Southlake and thanked them for coming to the reception. City Manager Yelverton thanked City Council for their direction and leadership. City Manager Yelverton and City Council called each board member by name and presented logo shirts in recycle bags to them. Everyone was then invited out the foyer for a reception. The reception began at 6:03 p.m. Mayor Terrell reconvened the meeting at 6:43 p.m. Agenda Item No. 4. Briefing by Giovanna Phillips, President of the Southlake Chamber of Commerce, on their One Stop Shop Southlake program. Giovanna Phillips with the Chamber of Commerce presented information on the One Stop Shop program. Agenda Item No. 5. Economic Development Update. Director Last presented this item to Council and answered questions. Director Tribble also presented information to Council on landscape improvements being made to the Town Square area. Council discussed this request. Agenda Item No. 6. Discuss all items on tonight's meeting agenda. Council reviewed the consent agenda items. The following items were added to the consent agenda: Item 8A and Item 913. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to order by Mayor Terrell at 7:37 p.m. Agenda Item No. 5. Public Forum. Mayor Terrell moved this item up to the allow audience members to speak prior to the City Council going into executive session. Carl Sledz, 220 Eastwood Drive, Southlake, Texas addressed Council about the City sewer tap fee in Woodland Heights. Dennis Minder, 223 Eastwood Drive, Southlake, Texas addressed Council about the sewer tap fee in Woodland Heights. Mayor Terrell stated that he would reopen the public forum after the executive session. Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 7:44 p.m. Executive Session began at 8:00 p.m. and ended at 8:57 p.m. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009 Page 2 of 7 Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 9:07 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Council considered the consent agenda next. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 4A. Approve minutes from the October 6, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Approve SPDC Matching Funds request from Keep Southlake Beautiful in the amount of $8,000 for construction of landscape beds in Liberty Garden. A presentation was not made on this item. Agenda Item No. 4C. Approve a guaranteed maximum price amendment with Dean Electric, Inc., dba Dean Construction, in the amount of $10,245,740 for construction of Bicentennial Park Project, Phase I. A presentation was not made on this item. Agenda Item No. 4D. Approve interlocal purchasing agreements with North Richland Hills, Flower Mound, Harris County Department of Education, and TIPS/TAPS Region VIII Education Service Center. A presentation was not made on this item. Agenda Item No. 4E. Resolution No. 09-064, Approve an interlocal purchasing agreement with TIPS/TAPS Region VIII Education Service Center. A presentation was not made on this item. Agenda Item No. 4F. ZA09-041, Plat Revision for Lot 6R, Block 52, Timarron Addition, Northwood Park, Phase One being a revision of Lot 6, Block 52, Timarron Addition, Northwood Park, Phase One and being located at 612 Northwood Trail. Current Zoniw. RPUD Residential Planned Unit Development. SPIN Neighborhood #9. A presentation was not made on this item. Agenda Item No. 4G. Resolution No. 09-066, Authorize the filing of a project application with the North Central Texas Council of Governments for a regional solid waste program grant to fund the Curbside Leaf Recycling Program in FY 2010. A presentation was not made on this item. 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 AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE PROGRAM LOCAL IMPLEMENTATION PROJECT; AUTHORIZING ALISON ORTOWSKI, ASSISTANT TO THE CITY MANAGER, TO ACT ON BEHALF OF THE CITY OF SOUTHLAKE IN ALL MATTERS RELATED TO THE APPLICATION; AND REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009 Page 3 of 7 PLEDGING THAT IF FUNDING FOR THIS PROJECT IS RECEIVED THE CITY OF SOUTHLAKE WILL COMPLY WITH ALL PROJECT REQUIREMENTS OF NCTCOG, TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS. Agenda Item No. 4H. Consider SV09-017, Variance to Sign Ordinance No. 704, as amended, for Carpet One located at 154 Bank Street. The applicant requested to table this item until the December 1, 2009 City Council meeting Agenda Item No. 41. Ordinance No. 480-588 (ZA09-017), 1St Reading, Zoning Change and Site Plan for Bethel Methodist Church of Southlake on property being described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, and being located at 180 and 190 Jellico Circle West. Current Zoning: SF-1A Single-Family Residential District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. The applicant requested to table this item until the December 1, 2009 City Council meeting. Agenda Item No. 4J. Approve the tabling of a Commercial Developer Agreement for construction of a middle school on Kirkwood Boulevard at Blessed Way with Carroll Independent School District. During the work session, City Manager Yelverton stated that staff would bring this back at the next City Council meeting. Agenda Item No. 8A. Resolution No. 09-067, Appoint members to the Southlake 2030 Plan Element Committees. Council approved the following appointments: Economic Development & Tourism Plan Committee - Southlake Business Council members Mike Hutchison and Tim Moorehead; Mobility Plan Committee - CISD Representative Read Ballew; Community Plan Committee - Parks and Recreation Board member Margaret Adams and CISD Representative Craig Rothmeier; Youth Plan Committee - S.P.A.R.K. member Suzanne Maisto, SYAC member Shannon Shankman and Park Board Member Elaine Cox; and to appoint the Mayor position as an Ex-Officio member to all committees. 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 THE VARIOUS SOUTHLAKE 2030 PLAN ELEMENT COMMITTEES. Agenda Item No. 9B. ZA09-037, Plat Revision for Lots 1 R1 and 1 R2, Block 1, Southlake Assembly of God Addition on property being described as Lot 1, Block 1, Southlake Assembly of God and being located at 101 East Highland Street. Current Zoning: CS Community Services District and AG Agricultural. SPIN Neighborhood A presentation was not made on this item. Motion was made to approve consent agenda items 4A; 413; 4C; 4D; 4E; 4F; 4G; 4H to table to the December 1, 2009 City Council meeting; 41 to table to the December 1, REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009 Page 4 of 7 2009 City Council meeting; 4J to table to the November 3, 2009 City Council meeting; item 8A to appoint the following members: Economic Development & Tourism Plan Committee - Southlake Business Council members Mike Hutchison and Tim Moorehead; Mobility Plan Committee - CISD Representative Read Ballew; Community Plan Committee - Parks and Recreation Board member Margaret Adams and CISD Representative Craig Rothmeier; Youth Plan Committee - S.P.A.R.K. member Suzanne Maisto, SYAC member Shannon Shankman and Park Board Member Elaine Cox; and to appoint the Mayor position as an Ex-Officio member to all committees; and to approve item 9B subject to Review Summary No. 4, dated October 13, 2009. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Councilmember Morris discussed the Naturally Sweet fundraiser on November 7 at the Bob Jones Nature Center. Agenda Item No. 3B1. City Manager's Report - Financial Report. A written report was given to Council in their packets. Agenda Item No. 3B2. Introduce Cynthia Plfedderer, new youth librarian. Deputy Director McGeath introduced Youth Librarian Plfedderer to Council who then discussed her background with Council. Agenda Item No. 3C. Arts Council Report. No report was given. This item will be heard at the November 3 City Council meeting. REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Terrell reopened the public forum. No one spoke. Mayor Terrell announced that item 6B would be heard next. Agenda Item No. 6B. ZA09-040, Site Plan for Saint Laurence Episcopal Church on property being described as Lot 1 R, Block A, Saint Laurence Episcopal Church Addition and being located at 517, 519 and 529 North Kimball Avenue. Current Zoning: CS Community Service District. SPIN Neighborhood #4. Director Baker presented this item to Council. Applicant Adam Crandall, 3409 High Timber Drive, Grapevine, Texas is a Boy Scout who is building the proposed pergola for his Eagle Scout project. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009 Page 5 of 7 Motion was made to approve ZA09-040, Site Plan for Saint Laurence Episcopal Church subject to the staff report dated October 2, 2009. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6A. ZA09-038, Site Plan for 175 Miron Drive (Roof Improvements) on property being described as Lot 2R1, Block 1, Miron Subdivision and being located at 175 Miron Drive. Current Zoning: B1 Business Service Park District. SPIN Neighborhood #8. Deputy Director Killough presented this item to Council. Applicant Eric Lonardo, 125 Creek Courts Drive, Trophy Club, Texas answered Council's questions. No one spoke during the public hearing. Motion was made to approve ZA09-038, Site Plan for 175 Miron Drive (Roof Improvements) subject to the staff report dated October 14, 2009. Motion: Jones Second: Muller Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6C. Resolution No. 09-065, (ZA09-042) Specific Use Permit for an accessory building for Koch Pipeline on property being described as Lot 2, Block 1, Fina Addition and being located at 2350 State Highway 26 (Ira E. Woods Avenue.) Current Zoning: 12 Heavy Industrial District. SPIN Neighborhood #8. Deputy Director Killough announced that the applicant was not present this evening so Council agreed to table this item to the next Council meeting. The Mayor opened the public hearing. No one spoke during the public hearing. The public hearing was closed. Motion was made to table this item to the November 3, 2009 City Council meeting. Motion: Muzyka Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Councilmember Jones recused himself from the next item and left the chambers. Agenda Item No. 7A. Ordinance No. 480-542a, (ZA09-046), 1St Reading, Zoninq Change and Site Plan for Southlake Villa Offices on property being described as Tract REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009 Page 6 of 7 3 W.W. Hall Survey Abstract No. 687 and being located at 310 East Southlake Boulevard. Current Zoning: S-P-1 Site Plan Zoning District. Deputy Director Killough presented this item and answered Council's questions. Applicant Skip Blake, Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas answered Council's questions. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-542a, (ZA09-046), 1St Reading, Zoning Change and Site Plan for Southlake Villa Offices subject to Review Summary No. 1, dated October 1, 2009. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 9A. Consider SV09-019, Variance to Southlake Town Square Grand Avenue District Conditional Sign Permit for Metropark located at 252 Grand Avenue, Building GA-2. Director Baker announced the applicant was not present this evening so Council agreed to table this item to the next Council meeting. Motion was made to table this item to the November 3, 2009 City Council meeting. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:52 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: ~L- W Lori Payne City Secretary ,~aee.reezoEex.y,y° `~^aa C~®•• a a. ak„`-~'a aC^~'AS° 1s • @ ~ e~ s~ s • REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 20, 2009 Page 7 of 7 + At. CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OFe_ Z1 4A,#_ § I,~ as a member of the of the City of Southlake, make this affidavit and hereby on oath state the following: I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and/or City of Southlake No. 635-A and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: COMPLETE (A) or (B): (A) The business entity is name , or (B) The real property is located at: 310 E '1 [0 P(f VE- QJ10 I have a substantial interest because 1, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above-referenced agenda item: (check all which are applicable) 1/ Ownership of 10% or more of the voting stock or shares of the business entity. _1-__~Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500.00. Other: Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision and from any further participation by discussion or debate regarding the above-referenced agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in question is being addressed or as soon as practicable once I realized a potential conflict exists. Signed this day of 6,11~ , 200 Signature of The State of § County of § ,.Before me, t wP on this day personally appeared / JUyle-,5 known to me (or proved to me on the oath of ) or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and stated that the statements made in this affidavit are within his personal knowledge and true and correct. Given under my hand and seal of office this 2Aay of OG"1 b (SEAIr ~pIRk Pq P(/6 n - Notary Public in an or the State of Texas ~i •••FXPIiIES•'•~~ y ~i~~~0/27"20