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2022-04-05 CC agendaOF SUTHLAKEO TEXAS REGULAR CITY COUNCIL MEETING AGENDA APRIL 5, 2022 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 Business Spotlight — Gymboree 4. Community Engagement Committee Annual Report Update 5. Presentation about the upcoming United We Run event 6. Honors & Recognition: Proclamation for National Library Week 2022 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 cityattorney. 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. City of Southlake values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 5, 2022 Page 2 of 7 c. Seek advice of the city attorney regarding the authority of local governments to conduct background reviews related to potential development related projects. 2. Section 551.087: Deliberation reclarding economic develo went negotiations. a. 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. Police Department Update 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 March 1, 2022, regular City Council meeting. B. Consider adoption of the City of Southlake Policy Statement for Open Space Acquisition. C. Approve Ordinance No. 1246, 15t Reading, Adopting the 2021 Internationai Building Code. D_ Approve Ordinance No. 1247, 1st Reading, Adopting the 2021 International Energy Conservation Code- E. Approve Ordinance No. 1248, 1st Reading, Adopting the 2021 International Fire Code. F. Approve Ordinance No. 1249, 1st Reading, Adopting the 2021 International Mechanical Code. G. Approve Ordinance No. 1250, 15t Reading, Adopting the 2021 International Plumbing Code. City of Southlake values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 5, 2022 Page 3 of 7 H. Approve Ordinance No. 1251, 1st Reading, Adopting the 2021 International Fuel Gas Code, 1. Approve Ordinance No. 1252, V Reading, Adopting the 2021 International Residential Code. ,!_ Approve Ordinance No. 1253, 1st Reading, Adopting the 2021 International Existing Building Code. K. Approve Ordinance No. 1254, 1st Reading, Adopting the 2021 International Swimming Pool and Spa Code. L. Approve Ordinance No. 1255, 1st Reading, Adopting the 2021 International Property Maintenance Code, M. Authorize expenditures with Badger Meter, Inc., for the purchase of cellular LTE endpoints for the City's Water Smart Program, in an amount of $169,148. N. Authorize expenditures with U.S. Bronco Services, Inc., for the replacement of cellular LTE endpoints for the City's Water Smart Program, in an amount not to exceed $300,500. O. Approve an annual purchase agreement for BEACON Cellular Service for the City's Water Smart Program with Badger Meter Inc_, in an amount of $123, 396. P. Authorize the purchase of a right-of-way and a temporary construction easement with Clifford Pearson for the Davis Boulevard (FM 1938) and W. Continental Boulevard intersection improvements, in an amount not to exceed $155,155. Q. Approve an Interlocal Agreement (ILA) with the City of Keller for shared design and construction costs to the intersection improvements at FM 1709 and Pearson Lane. R. Approve an Engineering Services Agreement with KSA Engineers, Inc. (KSA) to provide engineering design services for erosion protection improvements at Timarron Creek near Longford Drive, in an amount not to exceed $115,000. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 5, 2022 Page 4 of 7 S. Approve an Engineering Services Agreement with Baird, Hampton & Brown, Inc. (BHB) to provide engineering design services for erosion protection at the BB-8 tributary near Independence Parkway, in an amount not to exceed $75,000. T. Approve contract renewal for landscape services with O'Donnell's Landscape Services, Inc. for an amount not to exceed the approved funding for contract landscape services. U. Approve a matching funds request from the Carillon Homeowner's Association for erosion control improvements at Lake Carillon, in an amount not to exceed $260,000. V. Ordinance No. 1256, 1st Reading, amending Chapter 2, "Administration" Article VII, "Public Records" of the Southlake Code of Ordinances to update and clarify the City's active and continuing records management program. W_ Approve the 2021 Comprehensive Annual Financial Report. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to T-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. Resolution No. 22-010, adopting a tax abatement policy; establishing guidelines and criteria for tax abatement agreements; and, electing to continue eligibility to participate in tax abatement. PUBLIC HEARING 7_ Ordinances, first readings, and related items: A. Ordinance No. 1245A, V Reading, revising the budget figures for Fiscal Year 2022, beginning October 1, 2021, and terminating September 30, 2022. 8. Resolutions: (There are no items on this agenda.) City of Southlake values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 5, 2022 Page 5 of 7 9. Other items for consideration: A. Approve the construction contract award of the N. Peytonville Avenue storm drain and sidewalk improvements to HQS Construction, LLC., in an amount not to exceed $952,269. 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, `�o l�' �/,Texas, on Friday, April 1, 2022, by 5:00 p.m., pursuant to the Texas Govern ©e,.N' *' er 551. Amy Iley City Secretary %� . •• If you plan to attend this ��i ltq�and have a disability that requires special needs, please advise the City Secretary's dfce 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 April 5, 2022 Page 6 of 7 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: 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_ Pedram and Karol Farahnak v. City of Southlake Board of Adjustment and Brian and Melissa Reukema 5. City of Southlake v. Town of Westlake, Texas; Cause No. 2020-007041. 6. Constance Westfall v. Jose Luna, et al; Cause No. 4:15-cv-00874-0. 7. Myra Nunez v. City of Southlake; Cause No. 048-330936-21 _ 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 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. City of Southlake values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 5, 2022 Page 7 of 7 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(D: 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 safetNL 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