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2021-11-02 CC agendaCITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING AGENDA NOVEMBER 2, 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. Honors and Recognition: Proclamation for Veterans Day 4. Veterans Organization Gallant Few 5. 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 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 and other construction related matters for a future subdivision located on property addressed as 208 Randol Mill Avenue and located at the northern terminus of Maranatha Way. c. Seek advice from the city attorney regarding a summary of proposed opioid settlements and potential opioid fund allocations to municipalities coordinated through the Texas Opioid Council established by SB 1827. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 2, 2021 Page 2 of 6 2. Section 551.087: Deliberation regarding economic development negotiations. a. Discuss the terms and conditions of an economic development incentive program — Project No. 2021-02 b. Discuss the terms and conditions of an economic development incentive program — Project No. 2017-03 B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report B. City Manager's Report 1. Upcoming holiday activities 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 October 19, 2021, regular City Council meeting. B. ZA21-0083, Plat Showing for Lots 8 and 9, J. Childress No. 253 Addition on property described as Tract 1 E02, John Childress Heirs Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas and located at 1425 Randol Mill Ave., Southlake, Texas. Current Zoning: "SF-1X Single Family Residential District. SPIN Neighborhood #5. C. Approve Supplement Agreement No. 1 with Teague Nall and Perkins, Inc. (TNP) to provide additional engineering design services for the Southlake Glen Erosion Improvements project in an amount not to exceed $100,000. D. Authorize expenditures with Pace Analytical for various laboratory testing services to comply with Federal and State Regulatory Requirements in an amount not to exceed $85,000. 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 2, 2021 Page 3 of 6 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. 480-757a (ZA21-0077), 2nd Reading, Zoning Change and Site Plan for Nolen Office Park Addition, on property described as Lot 1, Block 2, of the Nolen Office Park Addition, City of Southlake, Tarrant County, Texas, located at 210-240 S. Nolen Drive, Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District. Proposed Zoning: "S-P- 1" Detailed Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING B. Resolution No. 21-044 (ZA21-0078) Specific Use Permit for a Commercial Fitness School on property being described as Lot 1, Block 2, of the Nolen Office Park Addition, City of Southlake, Tarrant County, Texas and located at 210 S. Nolen Drive, Suite 100, Southlake, Texas. Current Zoning: "S-P- 1" Detailed Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING C. Ordinance No. 1243, 2nd Reading, Adopting the 2022 Standards of Care for the recreation programs for elementary school age children operated by the Community Services Department. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-464E, (ZA20-0029), 1st Reading, Zoning Change and Development Plan for Carillon Parc on property described as Tracts 1, 1 D, 1 E, 1 F, 1 G, 3A, 3A01, 3A03, 3A04, 3A04A, 3A05, and 3A01 B, Larkin H. Chivers Survey, Abstract No. 300, City of Southlake, Tarrant County, Texas and located at 1775, 1781 and 1801 N. White Chapel Blvd., 1840 Riviera Ln., 201 E. Kirkwood Blvd., 1700 N. Carroll Ave. (addressed as 1900 N. Carroll Ave. by Tarrant Appraisal District) and 100 through 300 E. State Hwy. 114, generally located east of N. White Chapel Blvd., south of E. Kirkwood Blvd., west of Riviera Ln., and north of E. State Hwy. 114. Current Zoning: "ECZ" Employment Center Zoning District. Proposed Zoning: "ECZ" Employment Center Zoning District. SPIN Neighborhood #3. (If approved at 1st reading, the public hearing will be held on November 16, 2021). B. Ordinance No. 480-788, (ZA21-0072), 1st Reading, Zoning Change and Concept/Site Plan for Zena Rucker Road Office Park on property described as Lot 4, Block 1, Pecan Creek, an addition to the City of Southlake, Tarrant County, Texas and located at 731 Zena Rucker Rd., Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District. Proposed Zoning: "S-P-2" Generalized Site Plan District. SPIN Neighborhood #9. (If approved at 1 st reading, the public hearing will be held on November 16, 2021). City of Southlake values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 2, 2021 Page 4 of 6 C. Ordinance No. 480-647a (ZA21-0080), 1st Reading, Zoning Change and Site Plan for Mody Southlake, on property described as Lot 2, Block 1, Gumm Scifres Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 2101 E. Southlake Blvd., Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District. Proposed Zoning: "S-P- 1" Detailed Site Plan District. SPIN Neighborhood #8. (If approved at 1st reading, the public hearing will be held on November 16, 2021). 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. SV21-0020, Sign Variance for T-Mobile located at 1465 Main Street, Southlake. 10. Other items for discussion: (There are no items on this agenda.) 11. Adjournment hereby certify that the above agenda vas pp ,tEdTonjthe official bulletin boards at Town Hall, 1400 Main Street, Southlake, TOx,.ort°f�n . ��Jctober 29, 2021, by 5:00 p.m., pursuant to the Texas Government Ctl$; Chapter 60 4 �r Amy Shelley, TRMC City Secretary If you plan to attend this public meeting and have a disability that requires special needs, 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 November 2, 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. 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. 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. 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 of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 2, 2021 Page 6 of 6 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