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Item 5A (4)CITY OF SOUTHLAKE 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 Tem Keith Shankland, and Councilmembers: Gregory Jones, Carolyn Morris, Virginia Muzyka, and John Terrell. CITY COUNCIL ABSENT Mayor Pro Tem 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 by Councilmember Rex Potter, Place 1, from the City Council based upon the relocation of his residence to the City 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 UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, JUNE 30, 2004 Page I of 5 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: Morris Second: Jones Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item 4. Interviews of applicants 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 County 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 UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, JUNE 30, 2004 Page 2 of 5 Approved: 6 -0 Auenda Item No. 6. Resolution No. 04 -041. abbointina the Mavor Pro Tem and the Deputy 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 Auenda Item No. 7. Resolution No. 04 -042. abbointina one Citv Council member to the Joint Drug and Alcohol Awareness Committee to fill an unexpired 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 Auenda Item No. 8. Resolution No. 04 -043. abbointina one Citv Council member to the Public Art Advisory Committee to fill an unexpired 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 Auenda Item No. 9. Resolution No. 04 -044. abbointina members to the Building Board of Appeals. 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, appointing members to the Joint Utilization Committee. UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, JUNE 30, 2004 Page 3 of 5 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 Auenda Item No. 11. Resolution No. 04 -046. abbointina 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 Auenda Item No. 12. Resolution No. 04 -047. abbointina 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 Auenda Item No. 13. Resolution No. 04 -048. abbointina members to the Planning and Zoning Commission. Motion was made to appoint Vernon 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 Auenda Item No. 14. Resolution No. 04 -049. abbointina members to the Senior Advisor 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 UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, JUNE 30, 2004 Page 4 of 5 Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6 -0 Auenda Item No. 15. Resolution No. 04 -050. abbointiniz members to the Southlake Parks Development Corporation. 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 Auenda Item No. 16. Resolution No. 04 -051. abbointina members to the Zoning Board of Adjustment. 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 adjourned 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. Andy Wambsganss Mayor ATTEST: Lori A. Farwell, TRMC City Secretary UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, JUNE 30, 2004 Page 5 of 5