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