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2010-03-02 Regular CC Meeting CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: MARCH 2. 2010 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. Presentation by the Southlake Chamber of Commerce recognizing 2009 Chamber award recipients 4. Multipurpose Facility Feasibility Study 5. 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 attorney consultation regarding gas drilling and production and gas utility companies. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities. 3. Section 551.074: Deliberation regarding personnel matters a. Deliberation of appointments of city board and commission members. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 2, 2010 Page 2 of 7 4. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. 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 C. Local Business Report D. Parks and Recreation Board 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 February 8, 2010 Strategic Session with City Council and from the February 16, 2010 regular City Council meeting. B. Cancel or reschedule the March 16, 2010 City Council meeting. C. Approve an interlocal agreement with Tarrant County for the reconstruction of North Carroll Avenue from State Highway 114 to Dove Road. D. This item was intentionally left blank. E. Approve the renewal of a Facilities Utilization Agreement with Southlake Baseball Association (SBA). F. Approve the renewal of a Facilities Utilization Agreement with Grapevine Southlake Soccer Association (GSSA). G. Approve the renewal of a Facilities Utilization Agreement with Southlake Girls Softball Association (SGSA). H. Approve the renewal of a Facilities Utilization Agreement with Southlake Carroll Lacrosse Association (SCLA). City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 2, 2010 Page 3 of 7 1. Approve the Policy Ordinance Review Committee revisions to the Senior Advisory Commission Bylaws. J. Approve the Policy Ordinance Review Committee revisions to the Southlake Youth Action Committee Bylaws. K. Approve the Policy Ordinance Review Committee revisions to the Parks and Recreation Board Bylaws. L. Approve the Policy Ordinance Review Committee revisions to the Community Services Department Matching Funds Policy. M. Approve the Policy Ordinance Review Committee revisions to the Parks Board Absences Policy. N. Approve the Policy Ordinance Review Committee revisions to the Park Use Policy. 0. Approve the Policy Ordinance Review Committee revisions to the General Operating Policies for Tennis Courts. P. Ordinance No. 969, 1St Reading, Approve the Policy Ordinance Review Committee revisions to Chapter 2 of the City Code regarding SAC and SYAC. (If approved at first reading, the public hearing will be held at the March 16, 2010 City Council meeting.) Q. Ordinance No. 970, 1St Reading, Approve the Policy Ordinance Review Committee revisions to Chapter 12 of the City Code regarding Parks and Recreation. (If approved at first reading, the public hearing will be held at the March 16, 2010 City Council meeting.) R. Approve the Facility Use Policy. S. Consider SV10-003, Variance to the Southlake Town Square Conditional Sign Permit for Terrace Retreat Med Spa located at 1422 Main Street, Suite 213. T. Approve the 2010 Community Events Participation Agreement with the Southlake Women's Club for Art In The Square event. U. 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 2, 2010 Page 4 of 7 Site Plan District. SPIN Neighborhood #11. THIS ITEM WAS ADMINISTRATIVELY TABLED TO THE JUNE 8, 2010 CITY COUNCIL MEETING. (This item has five previous tablings.) V. Ordinance No. 480-591 (ZA09-069), 1St Reading, Zoning Change and Site Plan for the City of Southlake Department of Public Safety North Training Facility on property being described as Tract 1F2 and a portion of Tract 1F, Joel W. Chivers Survey, Abstract No. 350, and being located at 160 East Dove Road and 2395 North White Chapel Boulevard. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: S-P- 1 Detailed Site Plan District with CS Community Service District uses to include an indoor firing range as a permitted accessory use. SPIN Neighborhood #2. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL 20, 2010 CITY COUNCIL MEETING. (This item has one previous tabling.) W. Ordinance No. 480-592 (ZA10-011), 1St Reading, Zoning Change and Site Plan for the City of Southlake North Park on property being described as a portion of Tract 1 F, Joel W. Chivers Survey, Abstract No. 350, and being located at 160 East Dove Road. Current Zoning: SF-1A - Single Family Residential District. Proposed Zoning: CS - Community Service District. SPIN Neighborhood #2. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL 20, 2010 CITY COUNCIL MEETING. (This item has no previous tablings.) 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. Resolution No. 10-012, (ZA10-005) Specific Use Permit for a Mass Gathering for Oktoberfest on property being described as Phase I-IV, Southlake Town Square, and being located between East Southlake Boulevard, East State Highway 114 and North Carroll Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING B. Approve the 2010 Community Events Participation Agreement with the Southlake Chamber of Commerce for Oktoberfest event. C. Resolution No. 10-013, (ZA09-066), Specific Use Permit for carports for non-residential property for Construction Management Advisors on property being described as Lot 4R7R1, Green Meadow Subdivision, and City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 2, 2010 Page 5 of 7 being located at 2250 East Continental Boulevard. Current Zoning: 11 Light Industrial District. SPIN Neighborhood #8. PUBLIC HEARING D. Ordinance No. 968, 2nd Reading, Adopt an ordinance to dedicate street right-of-way from City-owned property at the southeast corner of Dove Road and North White Chapel Boulevard for the purpose of constructing future street improvements. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-593 (ZA09-075), 1St Reading, Zoning Change and Development Plan for Shady Oaks subdivision on property being described as Tract 11 D and portions of Tracts 11 and 11 D1, Thomas M. Hood Survey, Abstract No. 706, and a portion of Lot CA2 and Lots CA3, CA4, CA5, CA6, CA7, CA8, CA9, CA10, CA11, CA12, and CA 13, Shady Oaks Phase 1A, being located at 800, 820 and 1020 Shady Oaks Drive and 600, 601, 620, 640, 700, 701, 750, 800, 801, 850, 900, 901 Sherwood Drive and being approximately 35.662 acres. Current Zoning: SF-20A Single-Family Residential District. Requested Zoning: RPUD Residential Planned Unit Development District. SPIN Neighborhood #6. (If approved at first reading, the public hearing will be held at the March 16, 2010 City Council meeting.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Consider SV10-004, Variance to Sign Ordinance No. 704, as amended, for Dickey's Barbeque Pit located at 260 North Kimball Avenue. 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, February 26, 2010, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Lori Payne, TR C t City Secretary If you plan to attend this pu'Nic r%gptin9,and b~ave a disability that requires special needs, please advise the City Secretary's'-office y48 twtrs in advance at 817-748-8016 and reasonable accommodations will be made to°arsist` 6u. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 2, 2010 Page 6 of 7 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 March 2, 2010 Page 7 of 7 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 safetv 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 CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: MARCH 2, 2010 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, Recreation Superintendent Steve Moore, Director of Economic Development Greg Last, Marketing and Tourism Coordinator Jill Cherry, Assistant Director of Finance Sean Leonard, Interim Director of Human Resources Stacey Black, Director of Information Technology Dale Dean, Information Technology Technician Eric Lusk, Director of Planning and Development Services Ken Baker, Planner II Richard Schell, Chief of Fire Services Mike Starr, Chief of Police Services Robert Finn, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Operations Manager Chuck Kendrick, City Attorney Tim Sralla and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell at 5:35 p.m. in the Executive Conference Room. Agenda Item No. 2. Invocation. Chaplain of the Month, Clayton Reed, gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Presentation by the Southlake Chamber of Commerce recognizing 2009 Chamber award recipients. Director Last introduced Pat Staudt from Bank of Texas who recognized the recent 2009 Chamber award recipients on behalf of the Chamber. Agenda Item No. 4. Multipurpose Facility Feasibility Study. Director Tribble presented this item and answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 2, 2010 Page 1 of 8 Council discussed this item. Agenda Item No. 5. Discuss all items on tonight's meeting agenda. Council reviewed the consent agenda items. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to order by Mayor Terrell at 6:15 p.m. 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; Section 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:15 p.m. Executive Session began at 6:32 p.m. and ended at 7:36 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:46 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. W. Mayor's Report - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Agenda Item No. 3B1. City Manager's Report. City Manager Yelverton reported on the city's recent win of the Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada. Next, she reported on and displayed photos of recent sidewalk projects. Lastly, she reported on the city's recent win of the Planning Excellence Award from the Building Officials Association of Texas. Agenda Item No. 3C. Local Business Report. Director Last introduced Elizabeth Thane, owner of LePopcorn and Candy, who introduced her local business to Council. Agenda Item No. 3D. Parks and Recreation Board Report. A written report was included in Council's packet. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the consent agenda items. Agenda Item No. 4A. Approve minutes from the February 8, 2010 Strategic Session with City Council and from the February 16, 2010 regular City Council meeting. The minutes were approved as presented. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 2, 2010 Page 2 of 8 Agenda Item No. 4B. Cancel or reschedule the March 16, 2010 City Council meeting. Council agreed to cancel the March 16, 2010 City Council meeting. Agenda Item No. 4C. Approve an int_erlocal agreement with Tarrant County for the reconstruction of North Carroll Avenue from State Highway 114 to Dove Road. A presentation was not made this item. Agenda Item No. 4D. This item was intentionally left blank. Agenda Item No. 4E. Approve the renewal of a Facilities Utilization Agreement with Southlake Baseball Association (SBA). A presentation was not made this item. Agenda Item No. 4F. Approve the renewal of a Facilities Utilization Agreement with Grapevine Southlake Soccer Association (GSSA). A presentation was not made this item. Agenda Item No. 4G. Approve the renewal of a Facilities Utilization Agreement with Southlake Girls Softball Association (SGSA). A presentation was not made this item. Agenda Item No. 4H. Approve the renewal of a Facilities Utilization Agreement with Southlake Carroll Lacrosse Association (SCLA). A presentation was not made this item. Agenda Item No. 41. Approve the Policy Ordinance Review Committee revisions to the Senior Advisory Commission Bylaws. A presentation was not made this item. Agenda Item No. 4J. Approve the Policy Ordinance Review Committee revisions to the Southlake Youth Action Committee Bylaws. A presentation was not made this item. Agenda Item No. 4K. Approve the Policy Ordinance Review Committee revisions to the Parks and Recreation Board Bylaws. A presentation was not made this item. Agenda Item No. 4L. Approve the Policy Ordinance Review Committee revisions to the Community Services Department Matching Funds Policy. A presentation was not made this item. Agenda Item No. 4M. Approve the Policy Ordinance Review Committee revisions to the Parks Board Absences Policy. A presentation was not made this item. Agenda Item No. 4N. Approve the Policy Ordinance Review Committee revisions to the Park Use Policy. A presentation was not made this item. Agenda Item No. 40. Approve the Policy Ordinance Review Committee revisions to the General Operating Policies for Tennis Courts. A presentation was not made this item. Agenda Item No. 4P. Ordinance No. 969, 1s' Readinq, Approve the Policy Ordinance Review Committee revisions to Chapter 2 of the City Code regarding Senior Advisory REGULAR CITY COUNCIL MEETING MINUTES, MARCH 2, 2010 Page 3 of 8 Committee and Southlake Youth Action Committee. A presentation was not made this item. Agenda Item No. 4Q. Ordinance No. 970, 1St Reading, Approve the Policy Ordinance Review Committee revisions to Chapter 12 of the City Code regarding Parks and Recreation. A presentation was not made this item. Agenda Item No. 4R. Approve the Facility Use Policy. A presentation was not made this item. Agenda Item No. 4S. Consider SV10-003, Variance to the Southlake Town Square Conditional Siqn Permit for Terrace Retreat Med Spa located at 1422 Main Street, Suite 213. A presentation was not made this item. Agenda Item No. 4T. Approve the 2010 Community Events Participation Agreement with the Southlake Women's Club for Art In The Square event. A presentation was not made this item. Agenda Item No. 4U. Ordinance No. 480-588 (ZA09-017), 1St Reading, Zoninq 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 Zoninq: SF-1A Single-Family Residential District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. This item was tabled to the June 1, 2010 City Council meeting. Agenda Item No. 4V. Ordinance No. 480-591 (ZA09-069), 1St Reading, Zoninq Change and Site Plan for the City of Southlake Department of Public Safety North Training Facility on property being described as Tract 1 F2 and a portion of Tract 1 F, Joel W. Chivers Survey Abstract No. 350, and being located at 160 East Dove Road and 2395 North White Chapel Boulevard. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: S-P-1 Detailed Site Plan District with CS Community Service District uses to include an indoor firing range as a permitted accessory use. SPIN Neighborhood #2. This item was tabled to the April 20, 2010 City Council meeting. Agenda Item No. 4W. Ordinance No. 480-592 (ZA10-011), 1St Reading, Zoning Change and Site Plan for the City of Southlake North Park on property being described as a portion of Tract 1 F, Joel W. Chivers Survey, Abstract No. 350, and being located at 160 East Dove Road. Current Zoning: SF-1A - Single Family Residential District. Proposed Zoning: CS - Community Service District. SPIN Neighborhood #2. This item was tabled to the April 20, 2010 City Council meeting. Agenda Item No. 7A. Ordinance No. 480-593 (ZA09-075), 1St Reading, Zoning Change and Development Plan for Shady Oaks subdivision on property being described as Tract 11 D and portions of Tracts 11 and 11 D1, Thomas M. Hood Survey, Abstract No. 706, and a portion of Lot CA2 and Lots CA3, CA4, CA5, CA6, CA7, CA8, CA9, CA10, CA11, CA12, and CA 13, Shady Oaks Phase 1A, being located at 800, 820 and 1020 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 2, 2010 Page 4 of 8 Shady Oaks Drive and 600, 601, 620, 640, 700, 701, 750, 800, 801, 850, 900, 901 Sherwood Drive and beinq approximately 35.662 acres. Current Zoning: SF-20A Single- Family Residential District. Requested Zoning: RPUD Residential Planned Unit Development District. SPIN Neighborhood #6. The Mayor stated that the applicant for item 7A wishes to table this item. Applicant Paul Spain requested to table this item indefinitely to allow time to address neighbors' questions prior to coming back to Council. Director Baker stated that staff would readvertise this item and renotify surrounding property owners when this item comes back for consideration. Motion was made to approve consent agenda items 4A; 4B to cancel the March 16, 2010 City Council meeting; 4C; 4E; 4F; 4G; 4H; 41; 4J; 4K; 4L; 4M; 4N; 40; 4P; 4Q; 4R; 4S; 4T; to table item 4U to the June 1, 2010 City Council meeting; to table item 4V to the April 20, 2010 City Council meeting; to table item 4W to the April 20, 2010 City Council meeting; and to table item 7A indefinitely. Motion: Muzyka Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during the public forum. Agenda Item No. 6A. Resolution No. 10-012, (ZA10-005) Specific Use Permit for a Mass Gathering for Oktoberfest on property being described as Phase I-IV, Southlake Town Square and being located between East Southlake Boulevard, East State Highway 114 and North Carroll Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Planner Schell presented this item to Council. Representatives from the Chamber of Commerce, Jill Johnson and Pat Staudt, answered Council's questions. 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, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING FOR OKTOBERFEST LOCATED BETWEEN EAST SOUTHLAKE BOULEVARD, EAST STATE HIGHWAY 114 AND NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS, BEING DESCRIBED AS PHASE I-IV, SOUTHLAKE TOWN SQUARE, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 2, 2010 Page 5 of 8 Motion was made to approve Resolution No. 10-012, (ZA10-005) Specific Use Permit for a Mass Gathering for Oktoberfest as presented and subject to the conditions as stated by the Mayor [granting the approval for three years so long as the event remains the same scope, and to allow the plan to be submitted each year to be approved administratively by the staff]. Motion: Jones Second: Muzyka Ayes: Bledsoe, Jones, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6B. Approve the 2010 Community Events Participation Agreement with the Southlake Chamber of Commerce for Oktoberfest event. Marketing and Tourism Coordinator Cherry presented this item to Council. Motion was made to approve the 2010 Community Events Participation Agreement with the Southlake Chamber of Commerce for the Oktoberfest event as presented. Motion: Jones Second: Muzyka Ayes: Bledsoe, Jones, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6C. Resolution No. 10-013, (ZA09-066), Specific Use Permit for y carports for non-residential property for Construction Management Advisors on propert being described as Lot 4R7R1, Green Meadow Subdivision, and being located at 2250 East Continental Boulevard. Current Zoning: 11 Light Industrial District. SPIN Neighborhood #8. Councilmember Bledsoe recused himself from this item and left the Chambers. Planner Schell presented this item to Council. Applicant Mark Stahl, 511 Yaupon Drive, Dallas, Texas answered Council's questions. Council discussed this request. After discussion, Mr. Stahl asked to the table this item to the April 6, 2010 meeting to allow him time to address Council's concerns. Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell said the public hearing will be continued until the April 6, 2010 meeting. Motion was made to table Resolution No. 10-013, (ZA09-066), Specific Use Permit for carports for non-residential property for Construction Management Advisors to the April 6, 2010 City Council meeting and continuing the public hearing to that date and requiring the applicant's resubmission of the landscape plan and location of the carports by March 26, 2010. Motion: Muzyka Second: Muller REGULAR CITY COUNCIL MEETING MINUTES, MARCH 2, 2010 Page 6 of 8 Ayes: Jones, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Councilmember Bledsoe rejoined the meeting. Agenda Item No. 6D. Ordinance No. 968, 2nd Reading, Adopt an ordinance to dedicate street right-of-way from City-owned property at the southeast corner of Dove Road and North White Chapel Boulevard for the purpose of constructing future street improvements. Director Price presented this item to Council and answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE DEDICATING PERMANENT STREET RIGHT-OF-WAY FROM CITY OWNED PROPERTY AT THE SOUTHEAST CORNER OF DOVE ROAD AND NORTH WHITE CHAPEL BOULEVARD DESCRIBED AS LOT 1A, BLOCK1, AMAYA ADDITION IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH RIGHT-OF-WAY IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT-OF-WAY DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 968, 2nd Reading, Adopt an ordinance to dedicate street right-of-way from City-owned property at the southeast corner of Dove Road and North White Chapel Boulevard for the purpose of constructing future street improvements. Motion: Muzyka Second: Muller Ayes: Bledsoe, Jones, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 9A. Consider SV10-004, Variance to Siqn Ordinance No. 704, as amended, for Dickey's Barbegue Pit located at 260 North Kimball Avenue. Director Baker presented this item to Council. Applicant Lauren Parker, 2802 Carroll Avenue, Dallas, Texas made a presentation and answered Council's questions. Council discussed this request. Motion was made to deny SV10-004, Variance to Sign Ordinance No. 704, as amended, for Dickey's Barbeque Pit located at 260 North Kimball Avenue. Motion: Muzyka REGULAR CITY COUNCIL MEETING MINUTES, MARCH 2, 2010 Page 7 of 8 Second: Muller Ayes: Bledsoe, Jones, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 (to deny) Mayor Terrell announced 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 8:59 p.m. Executive Session began at 9:07 p.m. and ended at 9:17 p.m. Mayor Terrell reconvened the meeting at 9:18 p.m. Agenda Item No. 11. Meetinq adjourned. Mayor Terrell adjourned the meeting at 9.19 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: ee~e~~a e~,F pe k~d e Lori Payne ; City Secretary REGULAR CITY COUNCIL MEETING MINUTES, MARCH 2, 2010 Page 8 of 8 CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OF (-a h+ § I, vn 5 ° as a member of the c of the City of Southlake, make this affidavit and hereby on oath state the llowing: 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: ~h 0, C COMPLETE (A) or (B): (A) The business entity is 4, or, ~kA P// (name); or (B) The real property is located at: I have a substantial interest because I, 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) Ownership of 10% or more of the voting stock or shares of the business entity. 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. V' ) Other: ~V,)7 1p ~l(h j US~r~Q1S ~~Bt l~C-Y) 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. J O . Signed this _'L day of 120 Signature of Official The State of T ~t-5 § County of 7A_ r, yl~ § Befo e me lil on this day personally appeared p'? 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 2,~ day of VI/I ar c - 2C~ I 0 . (SEAL) \.UR1 PA),~~~~i, - n z n = Notary Public in and r the State of Texas ~r9j6 OF