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2023-12-19 CC agendaCITY OF lug TEXAS SOUTHLAKE REGULAR CITY COUNCIL MEETING AGENDA DECEMBER 19, 2023 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 the specific use permit process. 2. Section 551.074: Deliberation regarding personnel matters. a. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Secretary. 3. Section 551.087: Deliberation regarding economic development negotiations. a. Deliberate the terms and conditions of an economic development incentive program — Project No. 2023-03. B. Reconvene: Action necessary on items discussed in Executive Session. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 19, 2023 Page 2 of 6 3. REPORTS: A. Mayor's Report B. City Manager's Report 1. Monthly 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 November 28, 2023, Special City Council meeting. B. Approve minutes from the December 5, 2023, Regular City Council meeting. C. Cancel the January 2, 2024, Regular City Council meeting. D. Approve FY2024 Teen Court Interlocal Agreement. E. Approve ZA23-0067, Preliminary Plat for Constellation Southlake, for property described as Tracts 111301, 1130113, 111301C, 1 B01 C1, 1 B01 C2, 111301D, Harrison Decker Survey Abstract No. 438, City of Southlake, Tarrant County, Texas and located at 2100-2120 Mustang Court, Southlake, Texas. Current Zoning: 1-2" Heavy Industrial District. SPIN Neighborhood #8. F. Approve an Encroachment and Joint Use Agreement for a combination of wood and wrought iron fences within the drainage easement located at 900 Stacy Drive. G. Approve Ordinance No. 1283, 1st Reading, a franchise agreement with Oncor Electric Delivery Company, LLC. 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 19, 2023 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. 1228B, 2nd Reading, Amending Article V, "Boards, Commissions and Committees," of Chapter 2, "Administration;" Amending Article XII, "Building Board of Appeals," of Chapter 4.5, "Buildings and Building Regulations;" Article III, "Boards," and Article IV, "Parks and Development Corporation," of Chapter 12, "Parks and Recreation," of the Southlake Code of Ordinances to update provisions and locate provisions for all City Boards, Commission or Committees in Chapter 2, Article 5 of the Code of Ordinances and to provide consistency in the Governing Provisions for Boards, Commissions and Committees. PUBLIC HEARING B. Ordinance No. 1023-A, 2nd Reading, an ordinance of the City of Southlake amending Chapter 10 "Health and Sanitation" Article VI "Public Swimming Pools and Spas" of the City of Southlake Code of Ordinances, as amended. PUBLIC HEARING C. Ordinance No. 1028-A, 2nd Reading, an ordinance of the City of Southlake amending Chapter 10 "Health and Sanitation" Article III "Food Establishments" of the City of Southlake Code of Ordinances, as amended. PUBLIC HEARING D. Resolution No. 23-030, ZA23-0065, Specific Use Permit for a Mass Gathering for Springfest, to be held in a portion of Southlake Town Square, generally located between E. Southlake Blvd., Carroll Ave., Prospect St., Federal Way, and Central Ave. Current Zoning: "DT" Downtown District. SPIN Neighborhood #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-805, ZA23-0035, 1st Reading, Zoning Change and Concept Plan for 1390 Brown Lane located on property described as Tract 1 G, John Heirs Childress Survey Abstract No. 253, City of Southlake, Tarrant County, Texas and located at 1390 Brown Lane, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF-1X Single Family Residential District. SPIN Neighborhood #5. 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: (There are no items on this agenda.) 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 19, 2023 Page 4 of 6 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 15, 2023, by 5:00 p.m., uant to the Texas G'erpment Code, Chapter 551. Am elley, TRM e City ecretary a If you plan to attend f its public meeting and have a disability that requires special needs, please advise the City Secretaryu�,;;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 December 19, 2023 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. Athenna Havard vs. the City of Southlake, et al.; Cause No. 141-343085-23. Section 551.072: Deliberation regardinq 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 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 19, 2023 Page 6of6 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