2004-06-30 Special CC Meeting
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CITY OF SOUTHLAKE
SPECIAL CITY COUNCIL MEETING: JUNE 30. 2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
REGULAR SESSION: 6:00 P.M.
1. Cal1to 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 exceotions. at any time durinl! the meetinl! that a need
arises for the City Council to seek advice from the City Attorney as to
the oosted subiect matter of this City Council meetinl!.
1. Section 551.074 Deliberation ReI!ardinl! Penonnel Matten
a. Deliberation of appointments of city board and commission
members.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. Consider the letter of resignation submitted by Councilmember Rex Potter, Place
1, from the City Council based upon the relocation of his residence to the City of
Fort Worth.
4. Interviews of applicants for Parks and Recreation Board, Planning and Zoning
Commission, and Zoning Board of Adjustment.
5. Resolution No. 04-040, Calling a Special Election to fill the unexpired term of
Councilmember, Place 1; and authorizing a contract for election services with
Tarrant County Elections Administration.
6. Resolution No. 04-041, Appointing the Mayor Pro Tem and the Deputy Mayor
Pro Tem.
7. Resolution No. 04-042, Appointing one City Council member to the Joint Drug
and Alcohol Awareness Committee to fill an unexpired term.
8. Resolution No. 04-043, Appointing one City Council member to the Public Art
Advisory Committee to fill an unexpired term.
9. Resolution No. 04-044, Appointing members to the Building Board of Appeals.
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City of Southlake
Speeial City Council meeting agenda
June 30, 2004
Page 2 of 4
10. Resolution No. 04-045, Appointing members to the Joint Utilization Committee.
11. Resolution No. 04-046, Appointing members to the Library Board.
12. Resolution No. 04-047, Appointing members to the Parks and Recreation Board.
13. Resolution No. 04-048, Appointing members to the Planning and Zoning
Commission.
14. Resolution No. 04-049, Appointing members to the Senior Advisory Commission.
15. Resolution No. 04-050, Appointing members to the Southlake Parks Development
Corporation.
16. Resolution No. 04-051, Appointing members to the Zoning Board of Adjustment.
17. 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, June 25, 2004, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Lori A. Farwell, TRMC : .\o.! * \ ~ i
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If you plan to attend this public meeting and fttt,y,e ~.Mlli~Jiat requires special needs, please
advise the City Secretary's Office 48 hours 1'ft,~~" at 817-481-1490 and reasonable
accommodations will be made to assist you.
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City of Southlake
Special City Council meeting agenda
June 30, 2004
Page 3 of 4
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 ofSouthlake vs. Timarron et.al. May 2001.
2. Richard W. Hart vs. City ofSouthlake. September 2002.
3. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City
of Southlake. March 2003.
4. Marpave, Inc., vs. City ofSouthlake. November 2003.
5. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003.
6. R.E. and Marilyn Smith vs. City of Southlake. December 2003.
7. City of Southlake vs. Howard E. Carr, Jr. March 2004.
Section 551.072: Deliberation re2ardin2 real orooertv
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: Deliberation re2ardin2 orosoective 2ift 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 re2ardin2 oenonnel matten
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 re2ardin2 security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
Section 551.087: Deliberation re2ardin2 economic develooment ne2otiations
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.
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City of Southlake
Special City Council meeting agenda
June 30, 2004
Page 4 of 4
Section 418.183(fl: 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
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 meetine:s to discuss emere:encv manae:ement Dlans
ree:ardine: DiDeline 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.
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CITY OF SOUTHLAKE
OffiCIAL RECORE
SPECIAL CITY COUNCIL MEETING MINUTES: JUNE 30. 2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Deputy Mayor Pro Tern
Keith Shankland, and Councilmembers: Gregory Jones, Carolyn Morris, Virginia
Muzyka, and John Terrell.
CITY COUNCIL ABSENT: Mayor Pro Tern Rex Potter.
STAFF PRESENT: Assistant City Manager Shana Yelverton, City Attorney Tim Sralla,
Manager of Technical Services Gary Gregg, Audio Visual System Technician Pam
Jordan, Information Systems Technician Sam Cobb, 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 6:07 p.m.
Agenda Item No.3. Consider the letter of resignation submitted bv Councilmember Rex
Potter. Place 1. from the City Council based upon the relocation of his residence to the
Citv of Fort Worth. Mayor Wambsganss introduced this item to Council.
Councilmember Morris made the following motion:
Mr. Mayor, with great regret and reluctance, and gratitude for the enormous contribution
that Rex has made to the City and citizens over the years of his service, I move that we
accept Mr. Potter's resignation from the Southlake City Council. As I understand it, the
act of the Council accepting Mr. Potter's resignation will create a legal vacancy and
authorize the holding of a special election to fill his seat.
Also, Mr. Mayor, as I understand it from our attorney, there is one more matter that we
should address, in order to be certain that we know what voting requirements will be until
Mr. Potter's successor has been chosen. Specifically, Section 2.04 of the City Charter,
which sets out the qualifications for the mayor and councilmembers, provides that
councilmembers must be residents of the City, so that if Mr. Potter is no longer a
resident, under the terms of the Charter, he is no longer qualified to serve, and that the
Council shall be the judge of the qualifications of its members. Also, Section 2.08(b)
provides that if a councilmember lacks any qualification for the office prescribed by this
Charter, such results in a forfeiture of office.
Therefore, in order to follow the Charter, I also move, based on Mr. Potter's statements
that he has sold his property here in the City of Southlake and has relocated his residence
SPECIAL CITY COUNCIL MEETING MINUTES, JUNE 30, 2004
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to Fort Worth, that we find that Mr. Potter no longer possesses all of the qualifications to
serve on the Council, and has, by virtue of the fact that he is no longer a resident of the
City, forfeited his office.
Rex is embarking on a new journey and all we can do is wish him well and move forward
ourselves. I know that as we do, we will miss Rex's great contributions to this City, and I
wish him and his family the best.
Motion:
Second:
Ayes:
Nays:
Approved:
Morris
Jones
Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
6-0
Agenda Item 4. Interviews of aD~licants for Parks and Recreation Board. Planning and
Zoning Commission. and Zoning Board of Adjustment. Council held interviews for Parks
and Recreation Board, Planning and Zoning Commission, and Zoning Board of
Adjustment.
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; Section 551.087, deliberation regarding economic development negotiations;
Section 418.183(f) Texas Disaster Act; and Section 418.106(d) & (e), local meetings to
discuss emergency management plans regarding pipeline safety. City Council adjourned
for Executive Session at 8:55 p.m. Executive Session began at 8:56 p.m. and ended at
10:12 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the meeting at 10:10
p.m.
Agenda Item No.5. Resolution No. 04-040. calling a Special Election to fill the
unexpired term of Councilmember. Place 1; and authorizing a contract for election
services with Tarrant Countv Elections Administration. Mayor Wambsganss introduced
this item.
Motion was made to approve Resolution No. 04-040, calling a special election to be held
on August 21, 2004, to fill the unexpired term of Councilmember, Place 1; appointing
Robert Flaherty as Election Judge and Zoe Steffanson as Alternate Election Judge; and
authorizing a contract for election services with Tarrant County Elections Administration.
Motion: Shankland
Second: Terrell
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
SPECIAL CIIT COUNCIL MEETING MINUTES, JUNE 30, 2004
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Approved: 6-0
Agenda Item No.6. Resolution No. 04-041. annointing the Mayor Pro Tem and the
Denuty Mayor Pro Tem.
Motion was made to appoint Keith Shankland to serve as Mayor Pro Tem and Carolyn
Morris to serve as Deputy Mayor Pro Tem.
Motion: Terrell
Second: Jones
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Vote: 6-0
Agenda Item No.7. Resolution No. 04-042. antlointing one City Council member to the
Joint Drug and Alcohol Awareness Committee to fill an unexnired term.
Motion was made to appoint Gregory Jones to the Joint Drug and Alcohol Awareness
Committee for an unexpired term ending May 2005.
Motion: Morris
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No.8. Resolution No. 04-043. apnointing one City Council member to the
Public Art Advisory Committee to fill an unexnired term.
Motion was made to appoint Carolyn Morris to the Public Art Advisory Committee for
an unexpired term ending November 2004.
Motion: Muzyka
Second: Terrell
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No.9. Resolution No. 04-044. aDo ointing members to the Building Board
of Anpeals.
Motion was made to appoint Kosse Maykus to Place 2 and David Lynn Carpenter to
Place 4 to the Building Board of Appeals for terms ending May 2006.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 10. Resolution No. 04-045. annointing members to the Joint Utilization
Committee.
SPECIAL CITY COUNCIL MEETING MINUTES, JUNE 30, 2004
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Motion was made to appoint Virginia Muzyka as the City Council representative with a
term ending May 2005 and Craig Rothmeier as a City Council citizen appointee with a
term ending May 2006 to the Joint Utilization Committee.
Motion: Shankland
Second: Terrell
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 11. Resolution No. 04-046. appointing members to the Library Board.
Motion was made to appoint Lori Burr to Place 1, Peggy Firestone to Place 2, and C.D.
Peebles to Place 3 of the Library Board with terms ending May 2006.
Motion: Morris
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 12. Resolution No. 04-047. appointing members to the Parks and
Recreation Board.
Motion was made to appoint Katrina Peebles to Place 4, Mike Mills to Place 5, Liz
Durham to Place 6, and Mary Georgia to Place 7 of the Parks and Recreation Board with
terms ending May 2006.
Motion: Shankland
Second: Terrell
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 13. Resolution No. 04-048. appointing members to the Planning and
Zoning Commission.
Motion was made to appoint Vemon Stansell, Brandon Bledsoe, Al Morin, and Michael
Boutte to the Planning and Zoning Commission with terms ending May 2006.
Motion: Terrell
Second: Jones
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 14. Resolution No. 04-049. appointing members to the Senior Advisory
Commission.
Motion was made to appoint Linda Moore to Place 1, Jeane Alexander to Place 2, Bill
Kyle to Place 3 and Connie Montague to Place 5 of the Senior Advisory Commission
with terms ending May 2006.
Motion: Muzyka
Second: Shankland
SPECIAL CITY COUNCIL MEETING MINUTES JUNE 30 2004
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Ayes:
Nays:
Approved:
Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
6-0
Agenda Item No. 15. Resolution No. 04-050. appointing members to the Southlake Parks
Development Corooration.
Motion was made to appoint Mike Mills as Park Board representative and Keith
Shankland as City Council representative to the Southlake Parks "Development
Corporation with terms ending May 2006.
Motion: Jones
Second: Terrell
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 16. Resolution No. 04-051. appointing members to the Zoning Board of
Adiustment.
Motion was made to appoint Lewis Miltenberger, Donald Coonan, and David Lambert as
Alternate 2 to the Zoning Board of Adjustment with terms ending May 2006 and to
appoint Lewis Miltenberger as Chairman and Donald Coonan as Vice-Chairman of the
Zoning Board of Adjustment.
Motion: Shankland
Second: Terrell
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 17. Meeting adiourned. Mayor Wambsganss adjourned the meeting at
10:32 p.m.
* An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
ATTEST:
w~e~~
City Secretary
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Andy Wamosganss
Ml'Ivor
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SPECIAL CITY COUNCIL MEETING MINUTES, JUNE 30, 2004
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