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2003-07-29 Special CC Meeting SPECIAL CITY COUNCIL MEETING: JULY 29, 2003 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall REGULAR SESSION: 7:00 p.m. 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 and 551.087. Refer to posted list attached hereto and incorporated herein. 1. Section 551.074 Deliberation Regarding Personnel Matters a. Deliberation of appointments of city board and commission members. B. Reconvene: Action necessary on items discussed in Executive Session. 3. Resolution No. 03 -048, Approving a local project advance funding agreement relating to the review of engineering plans for the extension of FM 1938. 4. Resolution No. 03 -063, Appointing a member to the Board of Directors for the Tax Increment Reinvestment Zone Number One. 5. Resolution No. 03 -049, Appointing members to the Building Board of Appeals. 6. Resolution No. 03 -050, Appointing members to the Joint Drug and Alcohol Awareness Committee. 7. Resolution No. 03 -051, Appointing members to the Joint Utilization Committee. 8. Resolution No. 03 -052, Appointing members to the Library Board. 9. Resolution No. 03 -053, Appointing members to the Parks and Recreation Board. 10. Resolution No. 03 -054, Appointing members to the Planning and Zoning Commission. 11. Resolution No. 03 -055, Appointing members to the Senior Advisory Commission. 12. Resolution No. 03 -056, Appointing members to the Southlake Parks Development Corporation. 13. Resolution No. 03 -057, Appointing members to the Zoning Board of Adjustment. 14. Meeting adjourned. Special City Council Meeting July 29, 2003 Page 2 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, July 25, 2003, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. on Farwcll Tcuct odLs l pU City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 817 -481 -1519 and reasonable accommodations will be made to assist you. Special City Council Meeting July 29, 2003 Page 3 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. City of Southlake vs. Timarron et.al. May 2001. 2. Leona and Raymond Fox vs. City of Southlake. April 2002. 3. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 4. Richard W. Hart vs. City of Southlake. September 2002. 5. Architectural Utilities Limited Partnership dba AUI General Contractors vs. City of Southlake. March 2003. 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 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 board 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. City of Southlake SPECIAL CITY COUNCIL MEETING MINUTES July 29, 2003 CITY COUNCIL PRESENT: Mayor Andy Wambsganss; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Rex Potter; Councilmembers: Carolyn Morris, Keith Shankland, Greg Standerfer and Tom Stephen. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Billy Campbell and City Secretary Lori Farwell. REGULAR SESSION: Agenda Item No. 1, Call to order: The regular session was called to order by Mayor Wambsganss at 7:08 p.m. Council took Items 3 and 4 out of order. Agenda Item No. 3, Resolution No. 03 -048, Approving a local project funding agreement relating to the review of engineering plans for the extension of FM 1938. City Manager Billy Campbell presented this item to Council. This resolution approves a Local Project Advance Funding Agreement for Voluntary Transportation Improvement Projects between the State of Texas, acting through the Department of Transportation, and the Town of Westlake, and the Cities of Keller and Southlake and authorizes the City Manager to execute the documents on behalf of the City of Southlake. 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, APPROVING A LOCAL PROJECT (CSJ: 0902 -48 -544) ADVANCE FUNDING AGREEMENT (LPAFA) FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (OFF - SYSTEM), RELATING TO THE REVIEW OF PRELIMINARY ENGINEERING FOR THE EXTENSION OF FM 193 8 FROM FM1709 TO SH114; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENTS ON BEHALF OF THE CITY OF SOUTHLAKE. Motion was made to approve Resolution No. 03 -048. Motion: Potter Second: Standerfer Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 4, Resolution No. 03 -063, Appointing a member to the Board of Directors for the Tax Increment Reinvestment Zone Number One. Mayor Wambsganss said this item is on the Council's agenda at the request of CISD to replace Robin Snyder with Dale Crane. .CPF(TAT. CITY Cnniven. MFFTTNC 1N7N1ITF.0 T,ily 24 Mtn PACF 1 nF 6 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 BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE, AND PROVIDING AN EFFECTIVE DA1E. Motion was made to approve Resolution No. 03 -063 appointing Dale Crane to the Board of Directors for the Tax Increment Reinvestment Zone Number One. Motion: Potter Second: Shankland Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 2A, Executive Session: Mayor Wambsganss announced that the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; Section 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding personnel matters; Section 551.076, deliberation regarding security devices; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 7:11 p.m. Executive Session began at 7:14 p.m. and ended at 8:10 p.m. Agenda Item No. 2B, Reconvene: Mayor Wambsganss reconvened the regular meeting at 8:19 p.m. No action was necessary as a result of the Executive Session. Agenda Item No. 5, Resolution No. 03 -049, Appointing members to the Building Board of Appeals. 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 BUILDING BOARD OF APPEALS; PROVIDING FOR THE TERMS; PROVIDING FOR QUALIFICATIONS OF MEMBERS IN ACCORDANCE WITH ORDINANCE NO. 622; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -049, appointing Teresa Lyons to Place 1 term ending May 2005; Michael Vasios to Place 3 term ending May 2005; Donald Coonan to Place 5 term ending May 2005; Jerome Johnson to Place 6 (Alternate 1) term ending May 2004; and Bob Lee to Place 7 (Alternate 2) term ending May 2005. Motion: Potter Second: Morris Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Wambsganss Nays: None Approved: 7 -0 CPFCIA7. (ITV CnTTN(7I. HEFTING MINITTF.0 Tully 79 min PAGE 2 nF 6 Agenda Item No. 6, Resolution No. 03 -050, Appointing members to the Joint Drug and Alcohol Awareness Committee. 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 JOINT DRUG AND ALCOHOL AWARENESS COMMITTEE AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -050, appointing Brad Bartholomew as the community representative with term ending May 2005 and Rex Potter as the City Council representative with term ending May 2005. Motion: Standerfer Second: Shankland Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7, Resolution No. 03 -051, Appointing members to the Joint Utilization Committee. Councilmember Greg Standerfer resigned from this Committee with one year remaining on his term so Council agreed to appoint Tom Stephen in his place with a term ending May 2004 and to appoint Rex Potter with a term ending May 2005. 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 JOINT UTILIZATION COMMIT "TEE AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -051, appointing City Council representatives Tom Stephen with term ending May 2004 and Rex Potter with term ending May 2005. Motion: Morris Second: Shankland Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 8, Resolution No. 03 -052, Appointing members to the Library Board. 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, PROVIDING FOR THE APPOINTMENT OF MEMBERS TO SERVE ON THE LIBRARY BOARD AND PROVIDING AN EFFECTIVE DATE: Motion was made to approve Resolution No. 03 -052, appointing Maria Cameron (Place 4, Andrea Curren (Place 6), Penny Pannell (Place 5), and Jean Anne Hamm (Place 7) with terms ending May 2005. Motion: Morris Second: Shankland Ayes: Potter, Stephen, Evans, Shankland, Morris, Standerfer, Wambsganss Nays: None .CPF(7AT. ern mum-if MFFTTNC MTNTTTF full, 20 2lill? PACF ? !)F b Approved: 7 -0 Agenda Item No. 9, Resolution No. 03 -053, Appointing members to the Parks and Recreation Board. Mayor Wambsganss suggested that Council increase the number of seats from seven to nine, as it was previously, to encourage as much input as possible on this Board. 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 PARKS AND RECREATION BOARD AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -053, increasing the number of seats to nine and appointing Frank Cornish (Place 1), Emily Galpin (Place 2), Bobby Rawls (Place 3), Cara White (Place 8), and Elaine Cox (Place 9) with all terms ending May 2005. Motion: Potter Second: Shankland Ayes: Evans, Shankland, Morris, Potter, Wambsganss Nays: Stephen, Standerfer Approved: 5 -2 Agenda Item No. 10, Resolution No. 03 -054, Appointing members to the Planning and Zoning Commission. 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 PLANNING AND ZONING COMMISSION, AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -054, appointing Ron Kulpinski with term ending May 2004, and Debra Edmondson, Michael Springer, and Bill Vaughn with terms ending May 2005. Motion: Potter Second: Shankland Ayes: Shankland, Morris, Potter, Wambsganss Nays: Evans, Standerfer, Stephen Approved: 4 -3 Agenda Item No. 11, Resolution No. 03 -055, Appointing members to the Senior Advisory Commission. 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 SENIOR ADVISORY COMMISSION AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -055, appointing David Baltimore (Place 4), Gerald Montague (Place 6), and Margie Kyle (Place 7) with terms ending May 2005. Motion: Potter Second: Morris .CPFCIAT. CITY CnITNC7T MFFTTNC MTNTTTFC fully 29 Mtn PACF 4 nF 6 Ayes: Shankland, Moms, Standerfer, Potter, Stephen, Evans, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 12, Resolution No. 03 -056, Appointing members to the Southlake Parks Development Corporation. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -056, appointing City Council representative Ralph Evans with term ending May 2004; City Council representatives Andy Wambsganss and Tom Stephen with terms ending May 2005; Parks Board representative Cara White with term ending May 2005; and citizen representative Sherry Berman with term ending May 2005. Motion: Potter Second: Morris Ayes: Morris, Potter, Evans, Shankland, Wambsganss Nays: Standerfer, Stephen Approved: 5 -2 Agenda Item No. 13, Resolution No. 03 -057, Appointing members to the Zoning Board of Adjustment. 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 ZONING BOARD OF ADJUSTMENT AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -057, appointing John Smart, Rick Stacy, Darrell Faglie, and Al Morin (Alternate 1), with terms ending May 2005, and appointing Lewis Miltenberger as Chairman and John Reynal as Vice - Chairman. Motion: Potter Second: Standerfer Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Wambsganss Nays: Morris Approved: 6 -1 Agenda Item 14. Meeting Adjourned. With there being no further business to discuss, Mayor Wambsganss asked for a motion to adjourn the meeting at 8:34 p.m. Motion: Stephen Second: Standerfer Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Wambsganss Nays: None Approved: 7 -0 .CPFCIA (`ITV (Y)TTN(7T. MFFTTNC MTNTTTFC Tujv 20 21N)? PAGF 5 nF 6 Andy Wambsganss Mayor ATTEST: ° ° ,a®U: `°' H �a, h u... . 0 I / • • Lori A. Farwell ® ® ••. •••••y ••' • City Secretary '" * Y�Aaa .CPFCIA (9TV ('OITNCTI MFFTINC 111INITTFC fish, 20 2AA? PACF A nF A