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Agenda I II. I I I I I I I I. I I I I I I I I- I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: JULY 20. 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Cal1to order. 2. Discussion of all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or immediatelv foUowine: the work session 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 the end of the Ree:ular Session or at any time durine: the meetine: that a need arises for the City Councll to seek advice from the City Attornev as to the oosted subiect matter of this City Councll meetine:. 1. Section 551.071 Consultation with attorney a. Seek advice of the city attorney regarding water back billing. b. Richard W. Hart vs. City ofSouthlake. c. 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 ofSouthlake. 2. Section 551.087 Deliberation ree:ardine: economic develooment nee:otiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Met Church 4. REPORTS: A. Mayor's Report B. City Manager's Report I I. I I I I I I I I Ie City of Southlake City Council meeting agenda July 20, 2004 Page 2 of6 C. Financial Report D. School District Report CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consent: (There are no items on this agenda.) REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: II I I II I I I I I I. I H. I. A. Ordinance No. 868, 2nd Reading, Adoption of the 2003 International Building Code. PUBLIC HEARING B. Ordinance No. 869, 2nd Reading, Adoption of the 2003 International Energy Conservation Code. PUBLIC HEARING C. Ordinance No. 870, 2nd Reading, Adoption of the 2003 International Fire Code. PUBLIC HEARING D. Ordinance No. 871, 2nd Reading, Adoption of the 2003 International Fuel Gas Code. PUBLIC HEARING E. Ordinance No. 872, 2nd Reading, Adoption of the 2003 International Mechanical Code. PUBLIC HEARING F. Ordinance No. 873, 2nd Reading, Adoption of the 2003 International Plumbing Code. PUBLIC HEARING G. Ordinance No. 874, 2nd Reading, Adoption of the 2003 International Residential Code. PUBLIC HEARING Ordinance No. 875, 2nd Reading, Adoption of the 2002 National Electrical Code. PUBLIC HEARING Ordinance No. 876, 2nd Reading, Adoption of the Property Maintenance Code. PUBLIC HEARING I I. I I I I I I I I. I I I I I I I I. I City of Soutblake City Council meeting agenda July 20, 2004 Page 3 of6 8. Ordinances, first readings, and related items: A. Ordinance No. 480-XX, 1st Reading, An amendment to Zoning Ordinance No. 480, Section 44, Board of Adjustment, as amended, changing the number of alternate members of the Zoning Board of Adjustment from two members to four members. (If approved at first reading, the public hearing will be held on August 3, 2004.) B. Ordinance No. 480-441, 1st Reading (ZA04-029) Zoning Change and Site Plan for Lot lR, Block 1, Gateway Church Addition located at 2121 East Southlake Boulevard. Current Zoning: CS Community Service District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #8. (If approved at first reading, the public hearing will be held August 3, 2004.) C. Ordinance No. 480-442, 1 st Reading (ZA04-028) Zoning Change and Site Plan for Southlake Westwood Office Park located at 31 00 West Southlake Boulevard. Current Zoning: 0-1 Office District. Requested Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #15. (If approved at first reading, the public hearing will be held August 3, 2004.) 9. Resolutions: A. Resolution No. 04-033, Approving a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for construction of intersection improvements with deceleration lanes along FM 1709 from Jellico Circle West to Bank Street. B. Resolution No. 04-055, Appoint a member to the Joint Drug and Alcohol Awareness Committee to :fill the unexpired term of Brad Bartholomew, until May 2005. 10. Other items for consideration: A. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. B. Consider SP04-124, Variance to Sign Ordinance No. 704-B, Fitness In Motion, located at 2707 East State Highway 114, Suite 110. C. Approval of minute order pertaining to application of Impact Fee Charges to the Lakewood Ridge and Indian Creek Subdivisions. I I. I I I I I I I I. I I I I I I I. I I City of Southlake City Council meeting agenda July 20, 2004 Page 4 of6 D. Authorize the Mayor to enter into an agreement with Lee Lewis Construction, Inc., as Construction Manager Agent for the North DPS Facility. 11. Other items for discussion: (There are no items on this agenda.) 12. 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, July 16, 2004, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ""'"'''''''' ~ ~ ....oIlTHLo:~. . /2 ~..,,~. <:) ........~~!'~ OA..A (;(. ~ 0;:\ .- ..,. .), ~ ~.. .. " .. . 11 ".)... * .~~ Lon A. Farwe , TRMC g 1-: 1~: City Secretary ~ (3 i =0 ~ ~ e. Z E ~ -.. ..- ~ , .. .. ~ If you plan to attend this public meeting ~ hOjiiedis,fI.81lity that requires special needs, please advise the City Secretary's Office 48 hol1H1lt;n"tl'ilVance at 817-481-1490 and 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 : I I. I City of Southlake City Council meeting agenda July 20, 2004 Page S of 6 EXECUTIVE SESSION Section 551.071: Consultation with attornev 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. Richard W. Hart vs. City of Southlake. 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 ofSouthlake. December 2003. 7. City of Southlake vs. Howard E. Carr, Jr. March 2004. 8. 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 Southlake. July 2004. Section 551.072: Deliberation re2ardin2 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 re2ardin2 prospective I!ift 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 penonnel 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. I I. I I I I I I II I. ,I I I I I I I I. I City of Southlake City Council meeting agenda July 20, 2004 Page 6 of6 Section 551.087: Deliberation rel!ardinl! economic develooment nel!otiations 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. 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 meetinl!s to discuss emerl!encv manal!ement olans rel!ardinl! oioeline 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.