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2018-09-18 CC MinutesUCITY OF 9 TEXAS SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2018 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Pro Tem Randy Williamson, Deputy Mayor Pro Tem Shawn McCaskill, and Councilmembers Shahid Shafi, Chad Patton, John Huffman, and Christopher Archer. ABSENT: Mayor Laura Hill 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 Marketing and Communications Pilar Schank, Chief Financial Officer Sharen Jackson, Director of Community Services Chris Tribble, Deputy Director of Community Services Kate Meacham, Assistant to the Director of Community Services Cassie Tucker, Police Chief James Brandon, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Strategic Performance Manager Daniel Ford, Senior Director of Planning and Development Services Ken Baker, Director of Public Works Rob Cohen, Deputy Director of Public Works Kyle Hogue, City Attorney Allen Taylor, and City Secretary Carol Borges WORK SESSION: 1. CALL TO ORDER Work Session was called to order by Mayor Pro Tem Randy Williamson at 5:33pm. 2. INVOCATION: CLAYTON REED Pastor Reed gave the invocation. Mayor Pro Tem Randy Williamson led the pledges of allegiance to the United States and Texas Flags. 3. SOUTHLAKE CHAMBER OF COMMERCE UPDATES BY IAN MACLEAN Executive Chamber Board Member Ian MacLean provided an update on the Southlake Chamber of Commerce, including upcoming Oktoberfest, October 5-7, 2018. 4. DISCUSS ALL ITEMS ON TONIGHT'S AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2018 Page 1 of 8 Mayor Pro Tem Williamson 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 Pro Tem Williamson at 5:46pm. 2A. EXECUTIVE SESSION Mayor Pro Tem Williamson announced the City Council would go into Executive Session pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071 consultation with city attorney. City Council adjourned for Executive Session at 5:47pm. Executive Session began at 5:48pm and concluded at 6:21 pm. 2B. RECONVENE Mayor Pro Tem Williamson reconvened the meeting at 6:46pm. Deputy Mayor Tem Shawn McCaskill requested Item 7A, Ordinance No. 480-751 (ZA18-0029), 1st Reading, Zoning Change and Concept Plan for 1100 Shady Oaks Drive, be moved to Consent for approval. 3. REPORTS: 3A. MAYOR'S REPORT There was nothing to report. 3B. CITY MANAGER'S REPORT City Manager Shana Yelverton had nothing to report. 3131. FINANCIAL REPORT (WRITTEN) This report is provided to Council in written format and was not discussed. 4. CONSENT AGENDA: Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Pro Tem Williamson read the consent agenda items into the record. 4A. APPROVE MINUTES FROM THE SEPTEMBER 4, 2018, REGULAR CITY COUNCIL MEETING. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2018 Page 2 of 8 4B. RESOLUTION NO. 18-039, APPROVING A NEGOTIATED SETTLEMENT BETWEEN ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP. MID-TEX DIVISION. 4C. RESOLUTION NO. 18-041, ANNUAL REVIEW OF INVESTMENT POLICY AND INVESTMENT STRATEGIES. 4D. RESOLUTION NO. 18-040, AMENDING THE FEE SCHEDULE. 4E. APPROVE COMMUNITY SERVICES AGREEMENT WITH APEX ARTS LEAGUE FOR THE TERM OCTOBER 1, 2018 — SEPTEMBER 30, 2021. 4F. APPROVE RENEWAL OF COMMUNITY SERVICES AGREEMENT WITH ARTS COUNCIL NORTHEAST FOR THE TERM OCTOBER 1, 2018 — SEPTEMBER 30, 2021. 4G. APPROVE COMMUNITY SERVICES AGREEMENT WITH SOUTHLAKE HISTORICAL SOCIETY FOR THE TERM OCTOBER 1, 2018 — SEPTEMBER 30, 2021. 4H. APPROVE COMMUNITY SERVICES AGREEMENT WITH SOUTHLAKE SISTER CITIES FOR THE TERM OCTOBER 1, 2018 — SEPTEMBER 30, 2021. 41. AUTHORIZE EXPENDITURES WITH CURTCO, INC. FOR STREET JOINT AND CRACK SEALING IN AN AMOUNT NOT TO EXCEED $100,000. 4J. APPROVE COMMERCIAL DEVELOPER AGREEMENT WITH RREAF SOUTHLAKE PROPERTY CO., LLC FOR MARRIOTT DELTA SOUTHLAKE. APPROVED Motion was made to approve the Consent agenda, as presented, Items 4A through 4J, as well as move to Consent and approve Item 7A, Ordinance No. 480-751 (ZA18-0029), 1St Reading, Zoning Change and Concept Plan for 1100 Shady Oaks Drive, Subject to the Staff Report dated September 18, 2018 and Concept Plan Review Summary No. 4, dated September 14, 2018, and granting the following variance request: - Driveway Ordinance No. 634, as amended, Section 5.1 which requires a forty (40) foot minimum centerline driveway spacing for residential driveways on collector streets. The applicant is proposing a centerline spacing of approximately twenty (20) feet between the proposed northern driveway and the existing gravel driveway on the property to the north. City Council is granting this variance request. - Also noting that the applicant is requesting to allow the approximately 29,683 square foot (0.68 acre) lot to be rezoned to "SF -20A" while retaining the Low Density Residential Land Use designation since the existing tract is not being further subdivided and no additional home sites than previously existed will be added. - And noting that the applicant has agreed to escrow the funds for a five (5) foot wide sidewalk for a future sidewalk along Shady Oaks Dr. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2018 Page 3 of 8 Motion: McCaskill Second: Archer Ayes: Shafi, McCaskill, Patton, Williamson, Huffman, Archer Approved: 6-0 Absent: Mayor Hill REGULAR AGENDA: Mayor Pro Tem Williamson stated, since Public Forum cannot be taken up prior to 7:00pm, Council will take Items 6A through 6D first. [Items are listed on these minutes in normal/number order.] 5. PUBLIC FORUM Mayor Pro Tem Williamson opened the public forum at 7:00pm. 5A. COMMUNITY STOREHOUSE PRESENTATION Director of Sales Brandon Board provided an update on the Community Storehouse non-profit organization and their work on behalf of Carroll ISD, Northwest ISD, and Keller ISD students. There being no one else wishing to address Council, Mayor Pro Tem Williamson closed the Public Forum at 7:06pm 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS 6A. APPROVE ORDINANCE NO. 1199, 2ND READING, ADOPTING THE 2035 SOUTHLAKE PUBLIC ART MASTER PLAN. PUBLIC HEARING. APPROVED No presentation was requested by Council. Mayor Pro Tem Williamson opened the public hearing. There being no one wishing to speak, Mayor Pro Tem Williamson closed the public hearing. Motion was made to approve Item 6A, Ordinance No. 1199, 2nd Reading, adopting the 2035 Southlake Public Art Master Plan, Subject to the Staff Report dated August 29, 2018. Motion: McCaskill Second: Huffman Ayes: Shafi, McCaskill, Patton, Williamson, Huffman, Archer Approved: 6-0 Absent: Mayor Hill REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2018 Page 4 of 8 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: ORDINANCE NO. 1199 ORDINANCE NO. 1199, OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING THE SOUTHLAKE PUBLIC ARTS MASTER PLAN, A COMPONENT OF THE SOUTHLAKE 2035 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN; AND TO INCLUDE A PERIODIC REVIEW AND ADOPTION OF ANY AMENDMENTS AS PRESCRIBED IN THE CHARTER OF THE CITY OF SOUTHLAKE, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6B. ORDINANCE NO. 1201, 2ND READING, TAX LEVY ORDINANCE. PUBLIC HEARING APPROVED No presentation was requested by Council. Mayor Pro Tem Williamson stated the ordinance reflects an increase in the tax dollars collected, even with increasing the local homestead exemption to 20%, and the tax rate decrease. Mayor Pro Tem Williamson opened the public hearing. There being no one wishing to speak, Mayor Pro Tem Williamson closed the public hearing. Motion was made to approve Item 6B, Ordinance No, 1201, 2nd Reading, Tax Levy Ordinance, Subject to the Staff Report dated September 11, 2018, noting that because this year's proposed tax rate exceeds the effective rate, Texas state law requires our motion to adopt this ordinance must in include the following language: "I move that the property tax rate be increased by the adoption of a tax rate of 0.447, which is effectively a 1.21 percent increase in the tax rate." Motion: McCaskill Second: Archer Ayes: Shafi, McCaskill, Patton, Williamson, Huffman, Archer Approved: 6-0 Absent: Mayor Hill In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2018 Page 5 of 8 ORDINANCE NO. 1201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.447 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS, AS OF JANUARY 1, 2018, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. 6C. ORDINANCE NO. 1202, 2ND READING, APPROVING AND ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 2019 AND APPROVING THE REVISED BUDGET FIGURES FOR FISCAL YEAR 2018 AND MULTI-YEAR CAPITAL IMPROVEMENT PROGRAM. PUBLIC HEARING APPROVED No presentation was requested by Council. Deputy Mayor Pro Tem McCaskill and Mayor Pro Tem Williamson thanked Chief Financial Officer Sharen Jackson and City Manager Shana Yelverton for managing the City's funds and keeping Southlake fiscally sound. City Manager Shana Yelverton thanked the staff and the Councilmembers for their partnership, time, and policy -setting strategies throughout the budget process. Mayor Pro Tem Williamson opened the public hearing. There being no one wishing to speak, Mayor Pro Tem Williamson closed the public hearing. Motion was made to approve Item 6C, Ordinance No. 1202, 2nd Reading, approving and adopting the Annual Budget for Fiscal Year 2019, and approving the Revised Budget figures for Fiscal Year 2018 and Multi -Year Capital Improvements Program, Subject to the Staff Report dated September 11, 2018. Motion: McCaskill Second: Huffman Ayes: Shafi, McCaskill, Approved: 6-0 Absent, Mayor Hill Patton, Williamson, Huffman, Archer REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2018 Page 6 of 8 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: ORDINANCE NO. 1202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2018; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018, AND TERMINATING SEPTEMBER 30, 2019, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. 6D. ORDINANCE NO. 1200, 2ND READING, APPOINTING SARA JANE DEL CARMEN AS AN ASSOCIATE JUDGE FOR MAGISTRATE WORK AT THE JAIL. PUBLIC HEARING APPROVED No presentation was requested by Council. Mayor Pro Tem Williamson opened the public hearing. There being no one wishing to speak, Mayor Pro Tem Williamson closed the public hearing. Motion was made to approve Item 6D, Ordinance No. 1200, 2nd Reading, appointing Sara Jane Del Carmen as an Associate Judge for magistrate work at the jail. Motion: McCaskill Second: Archer Ayes: Shafi, McCaskill, Patton, Williamson, Huffman, Archer Approved: 6-0 Absent: Mayor Hill In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: ORDINANCE NO. 1200 AN ORDINANCE APPOINTING AN ASSOCIATE MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ASSOCIATE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, PUBLIC HEARINGS, AND RELATED ITEMS 7A. ORDINANCE NO. 480-751 (ZA18-0029), IST READING, ZONING CHANGE AND CONCEPT PLAN FOR 1100 SHADY OAKS DR. ON PROPERTY DESCRIBED AS TRACT 8A06, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2018 Page 7 of 8 1100 SHADY OAKS DR., SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURE DISTRICT. PROPOSED ZONING: "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN NEIGHBORHOOD # 7. (IF APPROVED AT 1ST READING, THE PUBLIC HEARING WILL BE HELD ON OCTOBER 2, 2018.) APPROVED ON CONSENT 6-0 This item was moved to Consent for approval. 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.) 11. ADJOURNMENT Mayor Pro Tem Randy Williamson adjourned the meeting at 7:06pm. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. MINUTES APPROVED ON THIS, THE 2ND DAY OF OCTOBER, 2018. YQ4 Laura Hill Mayor ATTEST: 1W `L Carol Ann Borges, TR C-� a City Secretary REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 18, 2018 Page 8 q f 8