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2022-12-06 CC agendaUCITY OF SOUTHLAK.-E TEXAS REGULAR CITY COUNCIL MEETING AGENDA DECEMBER 6.2022 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. 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 of the city attorney regarding zoning administrator opinion. d. Seek advice of the city attorney regarding terms and conditions of contract with Timberlyne. e. Seek advice of the city attorney regarding legal issues related to the construction of a screening wall along FM 1938 (Davis Blvd.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 6, 2022 Page 2 of 7 2. Section 551.087: Deliberation regarding economic development negotiations. a. Deliberate the terms and conditions of an economic development incentive program — Project No. 2017-03. b. Deliberate the terms and conditions of an economic development incentive program — Project No. 2022-01. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report B. City Manager's Report 1. Performance Excellence — Communication Awards 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 November 15, 2022, regular City Council meeting. B. Approve FY 2023 Metroport Teen Court Interlocal Agreement. C. Approve purchase of Gemini & SPRD-ER Bundle from Thermo Scientific Portable Analytical Instruments Inc. in an amount not to exceed $100,000. D. Approve funding for the purchase of capital equipment from Marathon Fitness in an amount not to exceed $107,500. E. Approval to excuse the absences of Planning and Zoning Commissioner Scott Dyche from the November 3 and November 17, 2022, regular Planning and Zoning Commission meetings. F. Approve the Bylaws of the Alliance for Community Engagement. G. Approve an Engineering Services Agreement (ESA) with Kimley-Horn and Associates, Inc. to provide engineering design and construction phase services for Central Avenue improvements in an amount not to exceed $65,000. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 6, 2022 Page 3 of 7 H. Approve an Interlocal Agreement (ILA) with Tarrant County to receive a cost reimbursement for the construction of intersection improvements at FM 1938 at West Continental Boulevard and West Continental Boulevard at South Peytonville Avenue in an amount not to exceed $2,225,000. Amend a Commercial Developer Agreement (CDA) with BSREP III Mustang Court L.P. for the Mustang Business Park development in an amount not to exceed $200,000. J. Approve an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) to receive a cost reimbursement for North White Chapel Boulevard from Bluestem Drive to Wingate Lane in an amount not to exceed $3,491,520. K. Approve an Engineering Services Agreement (ESA) with Baird, Hampton & Brown (BHB) to provide engineering design services for the Alta Vista Water Transmission Main Replacement Study in an amount not to exceed $110,000. L. Authorize expenditures with TK Elevator Corporation (TK Elevator) for preventative and corrective maintenance services of elevators in all City facilities in an amount not to exceed $275,000. M. Authorize expenditures with Smith Pump Company Inc. for pump parts and repair services in an amount not to exceed $131,787. N. Authorize expenditures with Green Equipment Co. for the purchase of a new CCTV unit along with any repairs/replacement of current locating devices in an amount not to exceed $125,000. O. Approve an Engineering Services Agreement (ESA) with Baird Hampton & Brown (BHB) to provide engineering design services for an 8-inch Water main extension at Southlake Park Addition Phase 2 in an amount not to exceed $110,000. P. City Council confirmation of the City Manager's appointment of William Blair Halbert as the Director of Information Technology. 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 December 6, 2022 Page 4 of 7 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. ZA22-0054, Site Plan for The Capital Grille on property described as Lot 1 R, Greenway-Carroll Addition, City of Southlake, Tarrant County, Texas, and located at 1201 E. State Highway 114, Suite 100/110, Southlake, Texas. Current Zoning: "C-3" General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING B. SV22-0014, Sign Variance for The Capital Grille located at 1201 E. SH 114, Southlake, Texas. 7. Ordinances, first readings, and related items: A. Ordinance No. 480-791 a, ZA22-0058, 1 st Reading, Zoning Change and Site Plan for Mach 1800, to include a variance to the Masonry Ordinance No. 557, as amended, on property described as Lot 1 R, Brewer Industrial District, City of Southlake, Tarrant County, Texas and located at 1800 E. State Highway 114, Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District Proposed Zoning: "S-P-1" Detailed Site Plan District SPIN Neighborhood #4. (If approved, the public hearing will be held during the January 3, 2023, City Council meeting.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. MSP22-0004, Master Sign Plan for Crisp & Green located at 2438 E. Southlake Blvd., Southlake, Texas. B. ZA22-0057, Plat Revision for Lot 6R1, Block A, Huntwick Estates Addition, being a revision of a portion of Lot 6, Block A, Huntwick Estates Addition, City of Southlake, Tarrant County, Texas being approximately 1.002 acres located at 703 Harty Court, Southlake, Texas. Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #2. C. Authorize additional funds with XIT Paving and Construction, Inc., (XIT) in an amount of $140,000 for unanticipated waterline section lowering and upsizing, and additional construction contingency on the Creekside Drive Paving and Drainage Improvements project. 10. Other items for discussion: (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 December 6, 2022 Page 5 of 7 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, December 2, 2022, by 5:00 p.m., pursuant to the Ted°'vFtrrl�nt Code, Chapter 551. 0 Amy S e , TWO City Secretary :' ' If you plan to attenat�is j�rrfrlie°ireeg and have a disability that requires special needs, please advise the City SecrKeIWI, s1*� W 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 December 6, 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: 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. Pedram and Karol Farahnak v. City of Southlake Board of Adjustment and Brian and Melissa Reukema 3. City of Southlake v. Town of Westlake, Texas; Cause No. 2020-007041. 4. Constance Westfall v. Jose Luna, et al; Cause No. 4:15-cv-00874-0. 5. 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. 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 6, 2022 Page 7 of 7 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