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2021-06-15 CC agendaCITY OF SOUTHLA14CE TEXAS REGULAR CITY COUNCIL MEETING AGENDA JUNE 15 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. Atmos Regional and Local Infrastructure Improvements 4. Southlake Sister Cities International Youth Art Contest Winners 5. Honors & Recognition: Proclamation for Tuberous Sclerosis Complex 6. Honors & Recognition: Proclamation for Ms. Bea Lewis 100th Birthday 7. 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 subiect matter of this City Council meeting. 1. 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 / S. Nolen Dr. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 15, 2021 Page 2 of 7 d. Seek advice of the city attorney relative to fraudulent activity. e. Seek advice of the city attorney regarding local authority to regulate private business operations. f. Seek advice of the city attorney related to conflicts of interest and the City's Ethics Ordinance. 2. Section 551.074: Deliberation regarding personnel matters a. Deliberate the appointment of City board and commission members. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report B. City Manager's Report 1. Stars & Stripes 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 June 1, 2021 regular City Council meeting. B. Approve contract renewal for Holiday Lighting Services for the City of Southlake and Town Square with Christmas By Zenith (CBZ). C. Authorization of expenditures with Ed's Electric for an amount not to exceed $75,000. D. Approve an annual purchase agreement for providing odor control treatment at the City's wastewater lift stations with Premier Magnesia, LLC. in an amount not to exceed $110,000 for a 12 -month period. E. Authorize expenditures with Wildstone Construction LLC. for emergency utility and mobility repairs in an amount not to exceed $65,000. F. Approve an annual purchase agreement with Stripe -A -Zone, Inc. for pavement markings through an Interlocal Agreement (ILA) with the City of City of Southlake values: Integrity 4 Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 15, 2021 Page 3 of 7 Grand Prairie in an amount not to exceed $80,000. G. Approve annual purchase agreements with Martin Marietta Materials, Inc. for street materials through Interlocal Agreements (ILAs) with the City of Grapevine and Tarrant County in an amount not to exceed $175,000. H. Approve Supplement Agreement No. 1 with Freeman-Millican, Inc. (FMI) to provide engineering design services to construct utility and paving improvements along Shady Oaks Drive between Fox Glen and Durham Elementary School in an amount not to exceed $29,000. TABLE: Resolution No. 21-020, (ZA21-0040), Specific Use Permit for a Mass Gathering Event for Diwalifest on property described as Phase I, Southlake Town Square Addition, City of Southlake, Tarrant County, Texas and located between E. Southlake Blvd., Main Street, State Street, and Grand Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN Neighborhood #8. (This item was tabled by the applicant at the June 3, 2021 Planning and Zoning Commission meeting and is scheduled to be considered by the Planning and Zoning Commission at its August 5, 2021 meeting. If the Planning and Zoning Commission makes a recommendation on this item at its August 5, 2021 meeting, the item would be placed on the August 17, 2021 City Council agenda for consideration). REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 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. 1242, (CP21-0001), 2nd reading, adopting the City of Southlake Parks, Recreation & Open Space Master Plan, an element of the Southlake 2035 Comprehensive Plan. PUBLIC HEARING B. Ordinance No. 480-EEEEE, 2nd Reading, amendments to the City of Southlake Zoning Ordinance No. 480, as amended, pertaining to written notice of public hearings. PUBLIC HEARING C. 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 15, 2021 Page 4 of 7 421, 441 and 451 E. S.H. 114, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING D. Ordinance No. 480-744B, (ZA21-0033), 2nd Reading, Zoning Change and Site Plan for Southlake Commons on property described as Lots 20R, 21 R, 22R1 and 23R, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 171 - 281 W. Southlake Blvd., Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District, Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood #10. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-222B (ZA21-0031), 1st Reading, Zoning Change and Concept/Site Plan for XO Marriage Center on property described as Lot 1, Block 1 (shown as Lots 1A and 113 by Tarrant Appraisal District), Lot 1, Block 2, Lot 2, Block 4 and Lot 1, Block 5, Gateway Church — 114 Campus, an addition to the City of Southlake, Tarrant County, Texas and located 1301 and 1351 E. Kirkwood Blvd., 700 and 701 Blessed Way, and 1501 E. Highland St., Southlake, Texas. Current Zoning: "NR -PUD" Non - Residential Planned Unit Development District. Proposed Zoning: "NR - PUD" Non -Residential Planned Unit Development District. SPIN Neighborhood #4. (If approved at 1st reading, the public hearing will be held at the August 3, 2021 City Council meeting). B. Ordinance No. 480-783 (ZA21-0037), 1st Reading, Zoning Change and Concept Plan for 1425 Randol Mill Ave. on property described as Tract 1E02, John Childress Heirs Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas and located at 1425 Randol Mill Ave., Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "SF - 1A" Single Family Residential District. SPIN Neighborhood #5. (If approved at 1st reading, the public hearing will be held at the August 3, 2021 City Council meeting). 8. Resolutions: A. Resolution No. 21-026, Terminate, extend or modify existing temporary business and permit related regulations, practices and activities associated with the COVID-19 emergency and authorize the City Manager to extend, implement or enact these or similar regulations and activities until December 31, 2021. B. Resolution No. 21-027, appointing members, chairs and/or vice chairs to various positions on the Building Board of Appeals, Parks and Recreation City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 15, 2021 Page 5 of 7 Board, Planning and Zoning Commission, Southlake Parks Development Corporation, and Zoning Board of Adjustment. C. Resolution No. 21-028, appointing an ex -officio member to the Southlake 2035 Corridor Planning Committee. 9. Other items for consideration: A. Plat Revision for Lots 3R1 and 3R2, T.M. Hood No. 706 Addition on property described as Lot 3R, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1250 Shady Oaks Dr., Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential District. SPIN Neighborhood #5. B. Variance to Section 5.06 of the Subdivision Ordinance No. 483, as amended, requiring a minimum 5 -foot -wide residential sidewalk along the street frontage of Lot 39, J.J. Freshour No. 521 Addition, on property currently described as Tract 3F01 L, J.J. Freshour Survey, Abstract 521 and located at 2919 Sutton Place, Southlake, Tarrant County, Texas. C. Resolution No. 21-029, directing City staff to draft the framework, role, responsibilities and providing appointment of a Target Industry Recruitment Task Force with oversight from the Community Enhancement and Development Corporation. 10. Other items for discussion: (There are no items on this agenda.) 11. Adjournment 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, June 11, 2021 by 5:00 p.m., pursuant to the Texas V0V6mr nt Code, Chapter 551. H LJ t-: GO Amy elley RPAG .• City Secretary % °°_° If you plan to attend this meeting and have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8096 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 June 15, 2021 Page 6 of 7 EXECUTIVE SESSION Section 551.071: Consultation with attorngL. 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. 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. 2. Lester J. Strait v. Savannah Court Partnership, et.al.; Cause No. 342-281936-15. 3. Lester J. Strait v. Savannah Court Partnership, et.al.; Cause No. 342-295089-17. 4. 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) 5. Pedram and Karol Farahnak v. City of Southlake Board of Adjustment and Brian and Melissa Reukema 6. City of Southlake v. Town of Westlake, Texas; Cause No. 2020-007041. 7. Constance Westfall v. Jose Luna, et al; Cause No. 4:15-cv-00874-0. 8. Vivian Hollings v. Steven Patrick Bowen, et al; Cause No. 096-321936-20 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 June 15, 2021 Page 7 of 7 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