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2007-12-18 OFFICIAL RECORD CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 18, 2007 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris (arrived at 5:17 p.m.), Deputy Mayor Pro Tern Virginia M. Muzyka, and Councilmembers Laura K. Hill, Gregory Jones (arrived at 5:15 p.m.), Vernon Stansell and John Terrell. 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, Manager of Information Systems Gary Gregg, Information Systems Technician Samuel Cobb, Facility Manager Jeff Parrack, Director of Community Services Steve Polasek, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, City Attorney E. Allen Taylor and City Secretary Lori Payne. WORK SESSION: A_aenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 5:09 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Scott Berry, gave the invocation. Mayor Wambsganss led the pledge of allegiance. A_aenda Item No 3A2 Recognition of Emily Galpin for her efforts on behalf of the Bob Jones Nature Center. Mayor Wambsganss and Director Polasek presented two awards to Ms. Galpin during the work session. Mayor Wambsganss announced Council would hear Item No. 3 at the end of the work session in the Executive Conference Room. Agenda Item No 4 2008 Development Submittal Schedule. Director Baker presented the schedule to Council and no changes were made. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 18, 2007 Page 1 of 12 Agenda Item No 5 Discuss all items on tonight's meeting a_ ea nda. City Council reviewed the agenda items with city staff. Items 9A and 9B were added to the consent agenda. Agenda Item No 3 Presentation of the Community Facilities Plan. Mayor Wambsganss stated this item would be continued in the Executive Conference Room. City Manager Yelverton and Director Baker made opening comments then turned the presentation over to Dwayne Brinkley of Brinkley Sargeant who presented this item to Council. Council discussed this item. Mayor Wambsganss closed the work session at 6:53 p.m. REGULAR SESSION: Aaenda Item No 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:53 p.m. Agenda Item No 2A Executive Session. Mayor Wambsganss 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 6:53 p.m. Executive Session began at 7:09 p.m. and ended at 7:53 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 8:03 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No 3A Mayor's Report. Mayor Wambsganss announced upcoming meetings and events. Mayor Wambsganss announced he would like to appoint a task force to work through some of the oil and gas issues. He appointed Mayor Pro Tern Morris, Deputy Mayor Pro Tern Muzyka and Councilmember Terrell to the task force. A ends Item No. W. Recognition of Frank Pittman for his service on the Crime Control and Prevention District Board of Directors. Mayor Wambsganss made a presentation to Mr. Pittman. Councilmember Jones announced that enough money was raised to replace the Carroll Dragon logo on the water tower at State Highway 114 and Dove Road and thanked Chris Layman for his offer to paint the logo for a reduced amount. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 18, 2007 Page 2 of 12 Agenda Item No 4A Approve the minutes from the December 4 2007, regular City Council meeting. A presentation was not made on this item. Agenda Item No 46 Cancel or reschedule the January 1 2008, regular City Council meeting. A presentation was not made on this item. Council agreed to cancel the January 1, 2008 meeting. Agenda Item No 4C Resolution No 07-065 Appoint a Chairperson of the Board of Directors of Tax Increment Reinvestment Zone Number One for the 2008 calendar year. A presentation was not made on this item. The TIRZ Board of Directors nominated Virginia M. Muzyka to serve as Chairperson and Council supported that nomination. Agenda Item No 4D This item was intentionally left blank. Agenda Item No 4E Approve 2008 Community Service Agreement with Bob Jones Nature Center. A presentation was not made on this item. Agenda Item No 4F Approve 2008 Community Service Agreement with DPS Citizens Association (SDCA). A presentation was not made on this item. Agenda Item No 4G Approve Residential Developer's Aqreement with 579 Kimball, L.L.C. on Estancia at Southlake a 13-lot addition located on the east side of North Kimball Avenue between East Highland Street and State Highway 114. Director Polasek answered Council's questions during the work session. Agenda Item No 4H Authorize a Professional Services Agreement with Teague Nall and Perkins Inc to provide engineering services related to construction plan review. A presentation was not made on this item. Agenda Item No 41 Approve Professional Services Agreement with Freese and Nichols Inc for Engineering Des_an Services for Segments A and F of the North Water Supply Pipeline Project. A presentation was not made on this item. Agenda Item No 4J Approve Interlocal Agreement for shared services between Carroll Independent School District and the City of Southlake. A presentation was not made on this item. Agenda Item No 4K Authorize the purchase of three LifePack 12 Defibrillator/Monitors and related equipment from Physio-Control Inc in the amount of $51,020. A presentation was not made on this item. A_ enda Item No 4L Ordinance No 923, 1St Reading Adopt Ordinance to amend Chapter 4 "Animals" of the Code of Ordinances by amending Article II "Control and Care" to reflect recent changes in State Law related to the control and care of animals. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 18, 2007 Page 3 of 12 A_aenda Item No 4M ZA07 083 Plat Revision for Lots 3R1 and 3R2 Block 1, Gateway Plaza Addition being a replat of property currently described as Lot 3 Block 1, Gateway Plaza Addition located along the north side of East Southlake Boulevard and Gateway Drive and the south side of East State Highway 114 Current Zoning: S-P-2 Generalized Site Plan District SPIN Neighborhood #7. A presentation was not made on this item. Council approval was subject to Plat Review Summary No. 3, dated November 30, 2007. Agenda Item No 4N Authorize the Mayor to enter into an Irrevocable License and Parking Management and Use Agreement between the City of Southlake and Tarrant County. A presentation was not made on this item. Agenda Item No 7D Ordinance No 480-545 1St Reading (ZA07-145) Zoning Change and Site Plan for Panera Bread and Bakery Cafe on property being legally described as Lot 2 Block 1 Gumm Scifres and being located at 111 South Village Center Drive. Current Zoning: 0-1 Office District Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. The applicant requested to table this item to the January 15, 2008 City Council meeting. Agenda Item No 9A Authorize an agreement with Accela Inc. for the purchase of .a license and maintenance agreement for Land Management and Asset Management software applications in the amount of $599,995. Assistant City Manager / Director of Public Safety Blagg presented this item to Council during the work session. A_ enda Item No 9B Consider approval of a limited term Valet Parking Services Use Agreement with Hilton Southlake Town Square and Lone Star Valet Parking Service Inc to provide for use of the West Parking Garage Level 4 for valet services. Director Price presented this item to Council during the work session. Applicant Frank Bliss, 1008 Quail Run Road, Southlake, Texas answered Council's questions. Council discussed this item Motion was made to approve consent agenda items 4A; 413; 4C to appoint Virginia M. Muzyka to serve as Chairperson of the Tax Increment Reinvestment Zone Number One for the 2008 calendar year; 4E; 4F; 4G subject to the Southlake Mowing and Maintenance Specifications to be attached to this Developer's Agreement; 41-1; 41; 4J; 4K; 4L; 4M subject to Plat Review Summary No. 3, dated November 30, 2007; 4N; 7D to table to the January 15, 2008, City Council meeting; 9A; and to approve 9B through February 5, 2008 and noting there will be no fee charged for valet services during that period. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 18, 2007 Page 4 of 12 Agenda Item No. 5. Public Forum. No one spoke during public forum. Agenda Item No 6A Ordinance No 922 2nd Reading adopt an ordinance to amend Chapter 18, Traffic and Vehicles of the City of Southlake Code of Ordinances by adding new Article VIII Automated Red Light Enforcement. Assistant City Manager / Director of Public Safety Blagg presented this item to Council and answered their questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, BY AMENDING CHAPTER 18, TRAFFIC AND VEHICLES, TO ADD A NEW ARTICLE VIII, AUTOMATED RED LIGHT ENFORCEMENT, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION AS REQUIRED BY LAW, AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. David Stroud, 2940 Flamingo, Southlake, Texas spoke in opposition to this item. Mayor Wambsganss closed the public hearing. City Attorney Taylor, Director Price and Police Chief Goolsby answered Council's questions. Council discussed this item. Motion was made to approve Ordinance No. 922, 2nd Reading, adopt an ordinance to amend Chapter 18, Traffic and Vehicles, of the City of Southlake Code of Ordinances by adding new Article VIII, Automated Red Light Enforcement as presented this evening. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No 6B Resolution No 07-066 Appoint members to the Citizen Advisory Committee for the Photographic Traffic Signal Enforcement System. Mayor Wambsganss stated that the members of the Crime Control and Prevention District agreed to serve on this Committee. Mayor Wambsganss read the member's names into the record as: Richard Sandow, Robert Williams, Lou Ann Heath, Martin Schelling, Bob Mundlin, William McGuire, and Craig Sturtevant. 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, CREATING A CITIZEN ADVISORY COMMITTEE FOR THE PHOTOGRAPHIC REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 18, 2007 Page 5 of 12 TRAFFIC SIGNAL ENFORCEMENT SYSTEM; APPOINTING THE MEMBERS; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 07-066, Appoint members to the Citizen Advisory Committee for the Photographic Traffic Signal Enforcement System to appoint: Richard Sandow, Robert Williams, Lou Ann Heath, Martin Schelling, Bob Mundlin, William McGuire, and Craig Sturtevant. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No 6C Ordinance No 480-538, 2nd Reading (ZA07-121) Zoning Change and Site Plan for Royal and Annie Smith Park on property legally described as Tract 1, J G Allen Survey Abstract No 18 and located at 3045 Johnson Road. Current Zoning. AG Agricultural District Requested Zoning: CS Community Service District. SPIN Neighborhood #15. Deputy Director Killough presented this item to Council. Director Polasek 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 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 TRACT 1, SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, BEING APPROXIMATELY 13.11 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "CS" COMMUNITY SERVICE 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. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-538, 2"d Reading (ZA07-121), Zoning Change and Site Plan for Royal and Annie Smith Park subject to Site Plan Review Summary No. 3, dated November 12, 2007. Motion: Morris REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 18, 2007 Page 6 of 12 Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No 6D Ordinance No 480-539 2nd Reading (ZA07-122) Zoning Change and Site Plan for Liberty Park at Sheltonwood on property legally described as Tract 1C01A and a portion of Tract 1A J W Chivers Survey Abstract No. 350 and located at 570 East Dove Road and 590 East Dove Road Current Zoning: SF-1A Single Family Residential District Requested Zoning: CS Community Service District. SPIN Neighborhood #3. Deputy Director Killough presented this item to Council. 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 TRACT 1C1A AND A PORTION OF TRACT 1A, J.W. CHIVERS SURVEY, ABSTRACT NO. 350, BEING APPROXIMATELY 17.77 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "CS" COMMUNITY SERVICE 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. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-539, 2nd Reading (ZA07-122), Zoning Change and Site Plan for Liberty Park at Sheltonwood subject to Site Plan Review Summary No. 3, dated November 14, 2007, granting variances to driveway spacing and driveway width. Motion: Morris Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 18, 2007 Page 7 of 12 Agenda Item No. 6E. ZA07-114, Site Plan for Peloton Southlake Office Building, on property legally described as a portion of Tracts 1, 1A1, and 1E, Richard Eads Survey Abstract No. 481 and located at 1200 Block of East State Highway 114 between North Carroll Avenue and North Kimball Avenue on proposed Grace Lane. Current Zoning: NR-PUD Non-Residential Planned Unit Development District. SPIN Neighborhood #6. Deputy Director Killough presented this item to Council in conjunction with item 6F. Applicant Murl Richardson of Peloton Partners, 1616 Woodall Rogers Road, Dallas, Texas and applicant Hoyt Hammer of The Beck Group, 1807 Ross Avenue, Dallas, Texas made presentations and answered Council's questions. Council discussed this request. After discussion, Mr. Richardson asked to table this item and item 6F to the next Council meeting to allow time to respond to Council's concerns. Motion was made to table ZA07-114, Site Plan for Peloton Southlake Office Building to the January 15, 2008, City Council meeting and to continue the public hearing. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 (to table) Agenda Item No. 6F. Resolution No. 07-063, (ZA07-142) Specific Use Permit for multi- level parking garage on property legally described as a portion of Tracts 1. 1A1, and 1 E, Richard Eads Survey, Abstract No. 481 and also known as Lot 1. Block 4, Gateway Church - 114 Campus Addition and located on the north side of State Highway 114 at 1200 East State Highway 114 between North Carroll Avenue and North Kimball Avenue. Current Zoning: NR-PUD Non-Residential Planned Unit Development District. SPIN Neighborhood #6. Deputy Director Killough presented this item to Council in conjunction with item 6E. Applicant Murl Richardson of Peloton Partners, 1616 Woodall Rogers Road, Dallas, Texas and applicant Hoyt Hammer of The Beck Group, 1807 Ross Avenue, Dallas, Texas made presentations and answered Council's questions. Council discussed this request. After discussion, Mr. Richardson asked to table this item and item 6E to the next Council meeting to allow time to respond to Council's concerns. Motion was made to table Resolution No. 07-063, (ZA07-142) Specific Use Permit for multi-level parking garage to the January 15, 2008, City Council meeting and to continue the public hearing. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 (to table) Mayor Wambsganss called for a break at 9:57 p.m. and reconvened the meeting at 10:13 p.m. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 18, 2007 Page 8 of 12 Agenda Item No. 6G. ZA07-151 Revised Concept Plan for 1497 East Dove Street on property being legally described as Tract 1A1 F Throop Survey Abstract No 1511 Current Zoning: SF-30 Single Family Residential District SPIN Neighborhood #5 Deputy Director Killough presented this item to Council. Applicant James Anderson of Mia Custom Homes, 1237 Timberline Court, Southlake, Texas made a presentation and answered Council's questions. Council discussed this item. No one spoke during the public hearing. Motion was made to approve ZA07-151, Revised Concept Plan for 1497 East Dove Street subject to Concept Plan Review Summary No. 1, dated November 30, 2007, and taking into account that upon sanitary sewer being brought to the property line of the subject property, the applicant agrees to continue to extend the sewer across their own property at their own expense and will attach to that sewer line so that this home will be on sanitary sewer as stated with the Zoning Board of Adjustment within one year. Motion: Jones Council clarified the question of timing for connection with the applicant. Mr. Anderson stated he would connect to the sanitary sewer system within 30 days and that he would not need one year. Councilmember Jones amended his motion to be: Motion was made to approve ZA07-151, Revised Concept Plan for 1497 East Dove Street subject to Concept Plan Review Summary No. 1, dated November 30, 2007, and taking into account that upon sanitary sewer being brought to the property line of the subject property, the applicant agrees to continue to extend the sewer across their own property at their own expense and will attach to that sewer line so that this home will be on sanitary sewer as stated with the Zoning Board of Adjustment within 30 days. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7A. Ordinance No 480-541 1St Reading (ZA07 152 formerly ZA06 045), Zoning Change and Concept Plan for a portion of Lot 1 Block 1 Arnold Estates and Lot 2B2A. Block 1. Burnett Acres The property is situated at 1275 Shady Oaks Drive. Current Zoning: RE Single Family Residential Estate District and SF 1A Single Family Residential District Requested Zoning: SF-2 Single Family Residential District SPIN Neighborhood #11 Director Baker presented this item to Council. Applicant Robert Gray, 1275 Shady Oaks Drive, Southlake Texas answered Council's questions. Mayor Wambsganss allowed the public to speak on this item. Tim Raley, 440 West Highland Street, Southlake, Texas spoke in support of this item. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 18, 2007 Page 9 of 12 Motion was made to approve Ordinance No. 480-541, 1St Reading (ZA07-152, formerly ZA06-045), Zoning Change and Concept Plan for a portion of Lot 1, Block 1, Arnold Estates and Lot 2B2A, Block 1, Burnett Acres. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Councilmember Jones recused himself from the item 7B as he has an ownership interest in the subject property. He stated he filed a conflict of interest form with the City Secretary. Agenda Item No. 7B. Ordinance No 480-542 1St Reading (ZA07-129) Zoning Change and Site Plan for Southlake Villa Offices on property legally described as Tract 3 W W Hall Survey, Abstract No. 687 and located at 310 East Southlake Boulevard Current Zoning: AG Agricultural District Requested Zoning S-P-1 Detailed Site Plan District SPIN Neighborhood #10. Deputy Director Killough presented this item to Council. Applicant Skip Blake of Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas made a presentation and answered Council's questions. Mayor Wambsganss allowed the public to speak. The following people spoke in opposition to this item: Mike Spinozzi, 915 Emerald Boulevard, Southlake, Texas; Jim Mellinger, 919 Emerald Boulevard, Southlake, Texas; Patti Carr Weber and Todd Weber, 823 Pearl Drive, Southlake, Texas; and John Cusack, 917 Emerald Boulevard, Southlake, Texas. Council discussed this request. Mayor Wambsganss announced he received a request for an executive session and stated that City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with attorney. City Council adjourned for Executive Session at 11:36 p.m. Executive Session began at 11:37 p.m. and ended at 11:49 p.m. Mayor Wambsganss reconvened the meeting at 11:49 p.m. Mayor Wambsganss said that based upon consultation with the city attorney in executive session and given the concerns expressed by citizens tonight, it is probably in everyone's best interest for the Council to remand this item back to the Planning and Zoning Commission for consideration without any City Council involvement at that time. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 18, 2007 Page 10 of 12 Motion was made to remand Ordinance No. 480-542, 1St Reading (ZA07-129) Zoning Change and Site Plan for Southlake Villa Offices, back to the Planning and Zoning Commission for consideration without any City Council involvement. Motion: Terrell Second: Hill Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 (to remand back to P&Z) Councilmember Jones rejoined the Council at the dais. Agenda Item No. 7C. Ordinance No 480-544 1St Reading (ZA07-087) Zoning Charge and Site Plan for Mendez Medical Offices on property legally described as Tract 3D3A W.W. Hall Survev Abstract No 695 and located at 918 East Southlake Boulevard Current Zoning: AG Agricultural District Requested Zoning: S-P 1 Detailed Site Plan District. SPIN Neighborhood #10 Director Baker presented this item to Council. Applicant Dr. Angelo Mendez made a presentation and answered Council's questions. Architect Skip Blake from Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas made a presentation and answered Council's questions. Council discussed this request. After discussion with Council, Dr. Mendez asked to table this item to the January 15, 2008 City Council meeting Motion was made to table Ordinance No. 480-544, 1St Reading (ZA07-087) Zoning Change and Site Plan for Mendez Medical Offices to the January 15, 2008, City Council meeting. Motion: Terrell Second: Stansell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 (to table) Mayor Wambsganss 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 12:28 a.m. Executive Session began at 12:40 a.m. and ended at 12:57 a.m. Mayor Wambsganss reconvened the meeting at 12:59 a.m. No action was necessary as a result of the executive session. Mayor Wambsganss asked the City Secretary to schedule a one hour meeting in January so that Council can further discuss this topic in executive session. Agenda Item No. 11. Adjournment Mayor Wambsganss adjourned the meeting at 1:00 a.m. on December 19, 2007. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 18, 2007 Page 11 of 12 *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor ATTEST: II ~ / ~ O 'i~ i Lori Payne - City Secretary % REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 18, 2007 Page 12 of 12 t • CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY =ARRANT § 44#:. 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 Ordinance No. 635 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: 7 Br COMPLETE (A) or (B): (A) The business entity is 4M i(E ME Jkme); or (B) The real property is located at: X10 ~_:1;&g,t~l_~l 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. 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 Y_ day of m , CbttSeoL , 204 Signs ure o ffici The State of Texas § County of Tarrant § Before me, Wei` q PQe< on this day personally appeared )OAP,!.5 nown to (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, after first being by me duly sworn, stated that the statements made in this affidavit are within his personal knowledge and are true and correct. Given under my hand and seal of office this t7 day of -DOW (SEAL) \\``~~amuxmnup t4 E uBI;c ' Q a = Notary Public in and f the State of Texas _ o ° J, zz~ pF may. c STATE ~Q O s ~~~'~N<inn~nannu►io a~~'