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2004-08-31 Special CC Meeting I' I. I I I I I ,I I I. I I I I I I I , I SPECIAL CITY COUNCIL MEETING OFFICIAL CANVASS OF THE AUGUST 21. 2004. SPECIAL ELECTION: AUGUST 31, 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers of Town Hall TIME: 6:00 P.M. AGENDA: 1. Call to order. 2. 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 Re2Ular Session or at any time durin2 the meetin2 that a need arises for the City Councll to seek advice from the City Attorney as to the posted subiect matter of this City Councll meetin2. 3. Consider: Resolution No. 04-065, Canvassing the returns and declaring the results of the Special Election held on August 21, 2004. 4. Oath of Office for Councilmember, Place 1. 5. Discussion: Southlake Town Square development. 6. Adjournment. A reception will follow in the Town Hall foyer. 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, August 27, 2004, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 55. ",""""," ....',' uTHl..4~"#. L ~ ......' coq.........~..~ - /l f ~ ..... ...; "" \ - ~ - :,)..: * \~: Lori A. Farwell, TRMC E 5 i i ~ i . :. ,. :vIE CIty Secretary ; ... ... i '. .!llli If you plan to attend this public meeting and kfJ)te ti.tJisvfJt1ity..,JRat requires special needs, please advise the City Secretary 48 hours in advance at 817-1~,,~1t{lMt reasonable accommodations will be made to assist you. . I' I. I I I I I I I I. I I I I I I I f I Special City Council meeting August 31, 2004 Page 2 of3 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 South lake vs. Timarron et.al. May 2001. 2. Architectural Utilities Limited Partnership dba All General Contractors vs. City of Southlake. March 2003. 3. Marpave, Inc., vs. City of Southlake. November 2003. 4. Steve L. Perry and Aline Perry vs. City of South lake. November 2003. 5. R.E. and Marilyn Smith vs. City of Southlake. December 2003. 6. City of Southlake vs. Howard E. Carr, Jr. March 2004. 7. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of South lake. July 2004. Section 551.072: Deliberation retlardin2 real DrODertv The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation re2ardin2 DrosDective 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 Dersonnel 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 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 develoDment netlotiations 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. I' I. I I I I I I I I. I I I I I I II (' I . . Special City Council meeting August 31, 2004 Page 3 of3 Section 418.183(n: 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) & (el: Local meetine:s to discuss emere:encv manae:ement plans ree:ardine: pipeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. I. -- I I I I I I ., I I I I I I I . I I CITY OF SOUTHLAKE OFFICIAL RECORD CITY COUNCIL SPECIAL MEETING TOWN HALL, COUNCIL CHAMBERS AUGUST 31, 2004 MINUTES CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Deputy Mayor Pro Tern Carolyn Morris, Councilmembers Gregory Jones, Virginia M. Muzyka, and John Terrell; and Councilmember-Elect Laura K. Hill. CITY COUNCIL ABSENT: Mayor Pro Tern Keith Shankland. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Municipal Judge Carol Montgomery, Information Systems Technician Sam Cobb, Deputy Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Director of Public Safety Rick Black, Deputy City Secretary Tara Brooks, and City Secretary Lori Farwell. Agenda Item No.1. Call to order. The special meeting was called to order by Mayor Wambsganss at 6:05 p.m. Agenda Item No.2. Executive Session. There was no Executive Session held. Agenda Item No.3. Resolution No. 04-065. Canvassing the returns and declaring the results of the Soecial Election held on August 21. 2004. Mayor Wambsganss read the resolution into the record. There were 678 (326 Cast Votes and 1 Under Vote during Early Voting and 350 Cast Votes and 1 Under Vote on Election Day) votes. Laura K. Hill received 253 early votes and 256 election day votes for a total of 509 votes, and Van V. Williams received 73 early votes and 94 election day votes for a total of 167 votes. The resolution stated that Laura K. Hill was elected to the office of Place 1 for an unexpired term ending in 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, CANVASSING THE SPECIAL ELECTION HELD ON AUGUST 21, 2004; ANt> DECLARING THE RESULTS FOR COUNCILMEMBER, PLACE 1. Election Judge Bob Flaherty briefed the Council on the election. Mayor Wambsganss thanked Election Judge Bob Flaherty, Alternate Judge Zoe Stephenson, early voting clerks Bill and Jerrie Young, and all of the election clerks for their work on the election. Motion was made to approve Resolution No. 04-065, Canvassing the returns and declaring the results of the Special Election held on August 21,2004. Motion: Terrell Second: Morris SPECIAL CITY COUNCIL MEETING MINUTES, AUGUST 31,2004 Page 1 of2 I. ' . I I I I I I " I I I I I I I .- I Ayes: Nays: Approved: Jones, Morris, Muzyka, Terrell, Wambsganss None 5-0 Agenda Item No.4. Oath of Office for Councilmember Place 1. Municipal Judge Carol Montgomery administered the Oath of Office to Laura K. Hill, Place 1. Agenda Item No.5. Discussion: Southlake Town Sauare develollment. This item was not discussed. Agenda Item No.6. Adiournment. Mayor Wambsganss adjourned the meeting at 6:15 p.m. A reception followed the meeting in the Town Hall foyer. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. ATTEST: ~-()~ Lori A. Farwell, TRMC City Secretary A~)~ Mayor ,"""'''''''' ......" SOU TI1~~', ,..,~ ..........;~.,~ i.... .... ~ \ :t: * \~: :--: 'rn- :0- e)(= : \ :}).-: -:. e. IClJe ~ ... ... i '" .......... ~... " ... .... "" ...-** ",,, """""11'" SPECIAL CITY COUNCIL MEETING MINUTES, AUGUST 21, 2004 Page 2 of2