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2021-05-18 CC agendaCITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING AGENDA MAY 18, 2021 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: Clayton Reed 3. Southlake Chamber of Commerce Updates by Justin Lewis 4. Presentation of Volunteer Service Awards 5. Honors and Recognition: Proclamation for Southlake Girls Lacrosse Team 6. Discuss all items on tonight's agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: Immediately following the work session 1. Call to 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 exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney as to the posted subject matter of this City Council meeting. Section 551.071: Consultation with city attorney. a. Seek advice of the city attorney regarding legal issues related to legislative items. b. Seek advice of the city attorney regarding driveway access to FM 1938 for a future subdivision located on property addressed as 208 Randol Mill and located at the northern terminus of Maranatha Way. c. Seek advice of the city attorney regarding a Developer's Agreement for Cornerstone Plaza I S. Nolen Dr. d. Seek advice of the city attorney regarding legal issues related to the City Charter, Open Meetings, and the Public Information Act. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 18, 2021 Page 2 of 6 e. Seek advice of the city attorney regarding legal issues related to the potential sale of property. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report B. City Manager's Report 1. National Public Works Week 2. Financial Report (written) 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. 4. Consent: A. Approve minutes from the May 4, 2021 City Council meeting and May 11, 2021 Special and Regular City Council meetings. B. Resolution No. 21-013, appointing City Council representatives to the Audit Committee, Southlake Parks Development Corporation, and the Southlake 2035 Corridor Planning Committee. C. Approve an Engineering Services Agreement (ESA) with Dannenbaum Engineering Company, LLC (Dannenbaum) to provide engineering design services for mobility improvements at the intersection of FM 1709 and Pearson Lane in an amount not to exceed $160,000. D. Renew an engineering services agreement with Freese and Nichols for the continuation of construction management services for the widening of N. White Chapel from Emerald Boulevard to Highland Street, in an amount not to exceed $125,000. E. Resolution No. 21-019, Denying Oncor Electric Delivery Company's application for approval to amend its distribution cost recovery factor to increase distribution rates within the City. F. Approve FY2020-2021 Metroport Teen Court Interlocal Agreement. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 18, 2021 Page 3of6 G. Resolution No. 21-022, a resolution amending Resolution No. 18-050A, membership for the Mayor's Alliance for Unity and Culture. H. Resolution No. 21-023, appointing members to the Mayor's Alliance for Unity and Culture. SV21-0006, Sign Variance for Schroeder Orthodontics located at 1480 Corporate Circle. J. SV21-0007, Sign Variance for A Suite Salon located at 251 W. Southlake Blvd. K. TABLE: ZA21-0016, Site Plan for Methodist Southlake Hospital Detention Pond, on property described as Lots 1 R and 2R, Block 1, Southlake Medical District, an addition to the City of Southlake, Tarrant County, Texas, and located at 421, 441 and 451 E. S.H. 114, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. SPIN Neighborhood #7. (The applicant has requested for this item to be tabled to the June 1, 2021 City Council meeting. If tabled, the public hearing will take place during the June 1, 2021 City Council meeting.) REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin priorto 7:00 p.m. This is the public's opportunity to address the City Council about non -agenda items. During this proceeding, the City Council will not discuss, consider or take action on any item presented. We respectfully ask that anyone stepping forward to speak during Public Forum to please limit remarks to three minutes or less. 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-781, (ZA21-0020), 2nd Reading, Zoning Change and Site Plan for Magnolia Southlake on property described as Tract 11 and a portion of Tract 11 E, Thomas Easter Survey Abstract No. 474, City of Southlake, Tarrant County, Texas, and located at 320 S. Nolen Drive, Southlake, Texas. Current Zoning: "AG" Agricultural District and "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING B. ZA21-0025, Site Plan for The Garden District Residences on property described as Lot 1 and a portion of Lot 2, Block 20, Garden District and Phase C Brownstones, an addition to the City of Southlake, Tarrant County, Texas, and located at 301 and 351 Central Ave., Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN Neighborhood #8. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 18, 2021 Page 4of6 C. Ordinance No. 480-5338, (ZA21-0028), 2nd Reading, Zoning Change and Site Plan for 3220 W. Southlake Blvd. on property described as Lot 14, J.G. Allen No. 18 Addition, City of Southlake, Tarrant County, Texas, and located at 3220 W. Southlake Blvd., Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood #11. PUBLIC HEARING 7. Ordinances, first readings, and related items: (There are no items on this agenda) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. SV21-0008, Sign Variance for Five Below located at 2910 E. Southlake Blvd. B. SV21-0010, Sign Variance for St. Bernard located at 1275 E. Southlake Blvd., Suite 401. C. SV21-0011, Sign Variance for Nordstrom Rack located at 1445 E. Southlake Blvd. 10. Other items for discussion: A. Discussion on the possible permanent adoption of some temporary zoning and use regulations and activities associated with the COVID-19 emergency and establishing a date for termination of the existing temporary regulations currently in place. B. Discussion on a proposed sports wall. 11. Adjournment CERTIFICATE I hereby certify that th.1ggye agenda was posted on the official bulletin boards at Town Hall, 1400 Main StrN°�k1f��, Texas, on Friday, May 14, 2021 by 5:00 p.m., pursuant the Texas Gou�r�n•16' WCV4� i1bapter 551. Amy elle IARC` ` `°' City Secretary � •••*��•`"���,;a® needs If you plan to attend this � t�4gffl*96hg and have a disability that requires special, please advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 18, 2021 Page 5 of 6 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. James H. Watson v. City of Allen, et.al.; Civil Action No. 4:15 -CV -00335-A. 2. Chad Wilson and Martha Wilson, Individually and as next friend, for S.W. v. City of Southlake, Southlake Police Department and Randy Baker, Individually; Civil Action No. 4:16-cv-00057. 3. Lester J. Strait v. Savannah Court Partnership, et.al.; Cause No. 342-281936-15. 4. Lester J. Strait v. Savannah Court Partnership, et.al.; Cause No. 342-295089-17. 5. Lester J. Strait v. Savannah Court Partnership PSJ Properties, Ltd. v. Patrick Gray Custom Homes, Inc. Home Creek, L.L.C. JMJ Torian Properties, L.L.C. Cheatham Partners, The City of Southlake, Texas Laura Hill, in Her Official Capacity as Mayor of the City of Southlake And Shana Yelverton, in Her Official Capacity as the City Manager of the City of Southlake, 02 -18 -00203 -CV (Tex. App. 2020) 6. Pedram and Karol Farahnak v. City of Southlake Board of Adjustment and Brian and Melissa Reukema 7. City of Southlake v. Town of Westlake, Texas; Cause No. 2020-007041. 8. Constance Westfall v. Jose Luna, et al; Cause No. 4:15-cv-00874-0. Section 551.072: Deliberation regarding 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 regarding_ prospective gift 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 regarding personnel 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 regarding security devices. The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 18, 2021 Page 6 of 6 Section 551.087: Deliberation regarding economic development negotiations. 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 551.089: Deliberation regarding security devices or security audits. The City Council may discuss or deliberate regarding security assessments or deployments relating to information resources technology; network security information as described by Section 2059.055(b); the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices; or results of security audits. Section 418.183(f): 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 meetings to discuss emergency management plans regarding 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork