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2019-11-05 Regular CC MeetingCITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING AGENDA NOVEMBER 5 2019 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 — The Whimsy Cookie Company 4. Proclamation for Veterans Day 5. Recognize outgoing Board & Commission members 6. 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 Bond Counsel regarding a potential bond election. c. Seek advice of the city attorney regarding legal issues related to residential uses within the "DT" Downtown District zoning category and Town Center land use designation. 2. Section 551.087: Deliberation regarding economic development negotiations. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 5, 2019 Page 2 of 6 a. Discuss the terms and conditions of the economic development incentives 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. Home for the Holidays 2. Leaf Recycling Program 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 15, 2019 regular City Council meeting B. Approve an Engineering Services Agreement (ESA) with Kimley-Horn and Associates, Inc. to provide engineering design services for right turn lane and traffic signal improvements on Southlake Boulevard (FM 1709) in an amount not to exceed $177,500. C. Approve a Commercial Developer Agreement (CDA) with Office Equity Solutions for the Nolen Office Park Addition development in an amount not to exceed $231,000. D. Approve an Encroachment and Joint Use Agreement for North Carroll 114 Properties, LLC's fire suppression system within the City right of way of Lakewood Drive for the development located at 750 North Carroll Avenue. E. Approve an annual purchase agreement with Stripe -A -Zone, Inc. for pavement markings through an Interlocal Agreement (ILA) with the City of Grand Prairie in an amount not to exceed $125,000. F. Approve continuing the partnership with Slalom, LLC to provide technology consulting services in an amount not to exceed $145,920. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 5, 2019 Page 3 of 6 G. WITHDRAW: Resolution No. 19-040 (ZA19-0055), Specific Use Permit for a Residential Solar Energy System on property described as Lot 15, Block 1, South Hollow Phase I, an addition to the City of Southlake, Tarrant County, Texas and located at 1507 Spruce Court, Southlake, Texas. Current Zoning: "SF -20A" Single Family Residential District, SPIN Neighborhood #8. (Withdrawn per applicant's request.) REGULAR AGENDA: 5. Public Forum. (The Public Forum will notbegin 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 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. 19-038, (ZA19-0056), Specific Use Permit for a Residential Solar Energy System on property described as Tract 2135, Samuel Freeman Survey, Abstract No. 525, an addition to the City of Southlake, Tarrant County, Texas and located at 2481 Greenbough Lane, Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential District. SPIN Neighborhood #4. PUBLIC HEARING B. Ordinance No. 1225, 2nd Reading, Adopting the 2020 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. 480-337c, ZA19-0060, 1st Reading, Zoning Change and Concept Plan/Site Plan for Costco on property being described as Lot 2, Block 1, Gateway Plaza Phase II, an addition to the City of Southlake, Tarrant County, Texas located at 2601 E. SH 114, Southlake Texas. SPIN Neighborhood #4. 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. SV19-0013, Variance to the Southlake Town Square Phase I Master Sign Plan and Sign Ordinance No. 704, as amended, for Davis Pediatric Dentistry located at 1422 Main Street, Suite 226, Southlake, Texas. 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 November 5, 2019 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,o ���M, Texas, on Friday, November 1, 2019, by 5:00 p.m., pursuant to the Texas` at�i�5;e de, Chapter 551. �% r CL i r� d Ahohelley, T S City ecretary .... •••' If you plan to attend thimeeting 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 November 5, 2019 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. James H. Watson v. City of Allen, et.al.; Civil Action No. 4:15 -CV -00335-A. 2. Constance Westfall v. Jose Luna, Nathaniel Anderson, Venessa Trevino, Chris Melton, and Thomas Roberson, and the City of Southlake; Civil Action No. 4:15 - CV -00874-0. 3. 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. 4. Lester J. Strait v. Savannah Court Partnership, et.al.; Cause No. 342-281936-15, 5. Lester J. Strait v. Savannah Court Partnership, et.al.; Cause No. 342-295089-17. 6. David Lesak v. John Stokes (City of Southlake) — Civil Action No. 4:18 -CV -00295- 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 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 alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 5, 2019 Page 6of6 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 emerqency 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 alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork l I CITY OF SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 5, 2019 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Laura Hill, Mayor Pro Tern Shawn McCaskill, Deputy Mayor Pro Tern John Huffman, and Councilmembers Shahid Shafi, Chad Patton, Ronell Smith and Christopher Archer. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager and Director of Economic Development & Tourism Alison Ortowski, Assistant to the City Manager Lauren LaNeave, Chief Performance & Innovation Officer Dale Dean, Deputy Director of Public Relations Pilar Schank, Communications and Marketing Manager Vicky Schiber, Chief Financial Officer Sharen Jackson, Director of Community Services Chris Tribble, Deputy Director of Community Services Kate Meacham, Deputy Director of Economic Development Daniel Cortez, Police Chief James Brandon, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Deputy Director of Information Technology Jerry Weitzel, Senior Director of Planning and Development Services Ken Baker, Director of Public Works Rob Cohen, City Attorney Allen Taylor, and City Secretary Amy Shelley. WORK SESSION: 1. CALL TO ORDER Work Session was called to order by Mayor Laura Hill at 5:32pm. 2. INVOCATION: CLAYTON REED Mr. Reed gave the invocation. Mayor Laura Hill led the pledges of allegiance to the United States and Texas Flags. 3. SOUTHLAKE BUSINESS SPOTLIGHT —THE WHIMSY COOKIE COMPANY Deputy Director of Economic Development Daniel Cortez introduced Sharon Hicks of The Whimsy Cookie Company for this month's Southlake Business Spotlight. Ms. Hicks provided an overview of The Whimsy Cookie Company. 4. PROCLAMATION FOR VETERANS DAY Mayor Hill read the proclamation for Veterans Day. Director of Public Works Rob Cohen accepted the proclamation on behalf of all veterans and took a picture with Council. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2019 Page 1 of 7 5. RECOGNIZE OUTGOING BOARD & COMMISSION MEMBERS Mayor Hill recognized the following outgoing Board & Commission members for their service to the City: • David Alexander, Community Engagement Committee • Leslie Bartlett, Arts Council • Suzanne Maisto, Community Enhancement Development Corporation 6. DISCUSS ALL ITEMS ON TONIGHT'S AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. Mayor Hill reviewed the items on tonight's consent agenda. REGULAR SESSION: Immediately following the work session 1. CALL TO ORDER Regular Session was called to order by Mayor Hill at 5:54pm. 2A. EXECUTIVE SESSION Mayor Hill announced the City Council would go into Executive Session pursuant to the Open Meetings Act, Chapter 551,Texas Government Code, Section 551.071 consultation with city attorney; and, Section 551.087 deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:54pm. Executive Session began at 6:24pm and concluded at 7:43pm. 2B. RECONVENE Mayor Hill reconvened the meeting at 7:46pm. As a result of Executive Session, a motion was made to direct the City Manager to amend the Memorandum of Understanding as discussed in Executive Session. Motion: McCaskill Second: Huffman Ayes: Shahid, McCaskill, Patton, Hill, Smith, Huffman, Archer Approved: 7-0 3. REPORTS: 3A. MAYOR'S REPORT Mayor Hill had nothing to report. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2019 Page 2 of 7 3B. CITY MANAGER'S REPORT 3B1. HOME FOR THE HOLIDAYS City Manager Shana Yelverton introduced Community Services Recreation Manager Ryan McGrail to provide information about the Home for the Holidays Tree Lighting evening in Town Square on November 23, 2019. 3B2. LEAF RECYCLING PROGRAM City Manager Shana Yelverton introduced Assistant to the City Manager Lauren LaNeave to provide information about the 2019 Leaf Recycling Program and Schedule. 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 AGENDA: Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. 4A. APPROVE MINUTES FROM THE OCTOBER 15, 2019 REGULAR CITY COUNCIL MEETING. 4B. APPROVE AN ENGINEERING SERVICES AGREEMENT (ESA) WITH KIMLEY- HORN AND ASSOCIATES, INC. TO PROVIDE ENGINEERING DESIGN SERVICES FOR RIGHT TURN LANE AND TRAFFIC SIGNAL IMPROVEMENTS ON SOUTHLAKE BOULEVARD (FM 1709) IN AN AMOUNT NOT TO EXCEED $177,500. 4C. APPROVE A COMMERCIAL DEVELOPER AGREEMENT (CDA) WITH OFFICE EQUITY SOLUTIONS FOR THE NOLEN OFFICE PARK ADDITION DEVELOPMENT IN AN AMOUNT NOT TO EXCEED $231,000. 4D. APPROVE AN ENCROACHMENT AND JOINT USE AGREEMENT FOR NORTH CARROLL 114 PROPERTIES, LLC'S FIRE SUPPRESSION SYSTEM WITHIN THE CITY RIGHT OF WAY OF LAKEWOOD DRIVE FOR THE DEVELOPMENT LOCATED AT 750 NORTH CARROLL AVENUE. 4E. APPROVE AN ANNUAL PURCHASE AGREEMENT WITH STRIPE-A-ZONE, INC. FOR PAVEMENT MARKINGS THROUGH AN INTERLOCAL AGREEMENT (ILA) WITH THE CITY OF GRAND PRAIRIE IN AN AMOUNT NOT TO EXCEED $125,000. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2019 Page 3 of 7 4F. APPROVE CONTINUING THE PARTNERSHIP WITH SLALOM, LLC TO PROVIDE TECHNOLOGY CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $145,920. 4G. WITHDRAW: RESOLUTION NO. 19-040 (ZA19-0055), SPECIFIC USE PERMIT FOR A RESIDENTIAL SOLAR ENERGY SYSTEM ON PROPERTY DESCRIBED AS LOT 15, BLOCK 1,SOUTH HOLLOW PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1507 SPRUCE COURT, SOUTHLAKE, TEXAS. CURRENT ZONING: "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN NEIGHBORHOOD #8. (WITHDRAWN PER APPLICANT'S REQUEST.) APPROVED Motion was made to approve the Consent Agenda Items 4A-4G, as written, including Item 7A. Motion: McCaskill Second: Huffman Ayes: Shahid, McCaskill, Patton, Hill, Smith, Huffman, Archer Approved: 7-0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Hill opened the public forum at 7:55pm. David Dowd, 2900 Hillcastle Lane, spoke about apartments in Southlake. Dianne Dorman, 100 Ascot Drive, spoke about issues with the traffic and street lights next to her home and damages to her yard by a vendor. There being no one else wishing to speak, Mayor Hill closed the public forum at 8:08pm. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS 6A. RESOLUTION NO. 19-038, (ZA19-0056), SPECIFIC USE PERMIT FOR A RESIDENTIAL SOLAR ENERGY SYSTEM ON PROPERTY DESCRIBED AS TRACT 2B5, SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 2481 GREENBOUGH LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN NEIGHBORHOOD #4. PUBLIC HEARING APPROVED REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2019 Page 4 of 7 Senior Director of Planning and Development Services Ken Baker presented Item 6A and answered questions from Council. Mayor Hill opened the public hearing at 8:11pm. There being no one wishing to speak, Mayor Hill closed the public hearing at 8:11pm. Motion was made to approve Item 6A, Resolution No. 19-038, (ZA19-0056), Specific Use Permit for a Residential Solar Energy System on property described as Tract 2B5, Samuel Freeman Survey, Abstract No. 525, located at 2481 Greenbough Lane, subject to the Staff Report dated October 29, 2019, and the Specific Use Permit Review No. 2 dated October 11, 2019, noting the following: - Approval of 31 solar energy panels. Motion: McCaskill Second: Huffman Ayes: Shahid, McCaskill, Patton, Hill, Smith, Huffman, Archer Approved: 7-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: RESOLUTION NO. 19-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A SOLAR ENERGY SYSTEM ON RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2481 GREENBOUGH LANE, BEING DESCRIBED AS TRACT 2B5, SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, AN ADDITION TO THE CITY OF SOUTHLAKE AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. 6B. ORDINANCE NO. 1225, 2ND READING, ADOPTING THE 2020 STANDARDS OF CARE FOR THE RECREATION PROGRAMS FOR ELEMENTARY SCHOOL AGE CHILDREN OPERATED BY THE COMMUNITY SERVICES DEPARTMENT. PUBLIC HEARING APPROVED Deputy Director of Community Services Kate Meacham presented Item 6B and answered questions from Council. Mayor Hill opened the public hearing at 8:13pm. There being no one wishing to speak, Mayor Hill closed the public hearing at 8:13pm. Motion was made to approve Item 6B, Ordinance No. 1225, 2nd Reading, Adopting the 2020 Standards of Care for the recreation programs for elementary school age children operated by the Community Services Department, subject to the Memo dated November 5, 2019. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2019 Page 5 of 7 Motion: McCaskill Second: Huffman Ayes: Shahid, McCaskill, Patton, Hill, Smith, Huffman, Archer Approved: 7-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: ORDINANCE NO. 1225 AN ORDINANCE ESTABLISHING STANDARDS OF CARE FOR THE RECREATION PROGRAMS FOR ELEMENTARY SCHOOL AGE CHILDREN OPERATED BY THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 480-337C, ZA19-0060, 1ST READING, ZONING CHANGE AND CONCEPT PLAN/SITE PLAN FOR COSTCO ON PROPERTY BEING DESCRIBED AS LOT 2, BLOCK 1, GATEWAY PLAZA PHASE II, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 2601 E. SH 114, SOUTHLAKE TEXAS. SPIN NEIGHBORHOOD #4. APPROVED UNDER CONSENT 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.) 9. OTHER ITEMS FOR CONSIDERATION: 9A. SV19-0013, VARIANCE TO THE SOUTHLAKE TOWN SQUARE PHASE I MASTER SIGN PLAN AND SIGN ORDINANCE NO. 704, AS AMENDED, FOR DAVIS PEDIATRIC DENTISTRY LOCATED AT 1422 MAIN STREET, SUITE 226, SOUTHLAKE, TEXAS. APPROVED Senior Director of Planning and Development Services Ken Baker presented Item 9A and answered questions from Council. Motion was made to approve Item 9A, Variance to the Southlake Town Square Phase I Master Sign Plan and Sign Ordinance No. 704, as amended, for Davis Pediatric Dentistry located at 1422 Main Street, Suite 226, subject to the Staff Report dated October 29, 2019, noting the following: - Granting variances to the Master Sign Plan to allow the illuminated upper story attached building sign, which exceeds the maximum letter and logo height. Motion: McCaskill Second: Huffman Ayes: Shahid, McCaskill, Patton, Hill, Smith, Huffman, Archer Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2019 Page 6 of 7 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. ADJOURNMENT Mayor Hill adjourned the meeting at 8:18pm. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. MINUTES APPROVED ON THIS, THE 19TH DAY OF NOVEMBER 2019. ‘��s,cHL, p.., Laura Hil `,�.gyp:, j Mayor •�N ATTEST: � 77.S I 1 _Oo. Amy e' ley, TR �. .... ...*'.``�``. City Secretary ���� ** ,0` REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2019 Page 7 of 7