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Item 4AREGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2020 Page 1 of 10 REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 2020 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Laura Hill, Mayor Pro Tem Shawn McCaksill, Deputy Mayor Pro Tem John Huffman, and Councilmembers Shahid Shafi, Chad Patton, Ronell Smith and Christopher Archer. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Alison Ortowski, Assistant to the City Manager Lauren LaNeave, Chief Financial Officer Sharen Jackson, Deputy Director of Public Relations Pilar Schank, Assistant Police Chief Ashleigh Casey, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Director of Economic Development and Tourism Daniel Cortez, Director of Community Services Chris Tribble, Senior Director of Planning and Development Services Ken Baker, Director of Public Works Rob Cohen, Assistant City Attorney Cara White, and City Secretary Amy Shelley. WORK SESSION: 1. CALL TO ORDER Work Session was called to order by Mayor Laura Hill at 5:30pm. 2. INVOCATION: CLAYTON REED Mr. Clayton Reed provided the invocation. Mayor Laura Hill led the pledges of allegiance to the United States and Texas Flags. 3. SOUTHLAKE BUSINESS SPOTLIGHT – ALLISON FULMER, OWNER OF SANARA YOGA AND WELLNESS Director of Economic Development Daniel Cortez introduced a video featuring the owner of Sanara Yoga, Allison Fulmer. 4. 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. Item 4A REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2020 Page 2 of 10 REGULAR SESSION: Immediately following the work session 1. CALL TO ORDER Regular Session was called to order by Mayor Hill at 5:38pm. 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 5:38pm. Executive Session began at 5:50pm and concluded at 6:25pm. 2B. RECONVENE Mayor Hill reconvened the meeting at 6:34pm. 3. REPORTS: 3A. MAYOR’S REPORT 3B. CITY MANAGER’S REPORT 3B1. NATIONAL PREPAREDNESS MONTH Emergency Manager Amanda Meneses updated the Council on National Preparedness Month and emergency management efforts. 3B2. NATIONAL SENIOR CENTER MONTH Senior Services Coordinator Soheila Phillips was presented with a proclamation recognizing National Senior Center Month. 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: 4A. APPROVE MINUTES FROM THE AUGUST 18, 2020 REGULAR CITY COUNCIL MEETING. 4B. APPROVE A CONTRACT RENEWAL FOR THE SANITARY SEWER AND WET WELL REHABILITATION SERVICES TO LEWIS CONCRETE RESTORATION (LCR) IN AN AMOUNT NOT TO EXCEED $60,000. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2020 Page 3 of 10 APPROVED Motion was made to approve the Consent Agenda Items 4A-4B, as written. Motion: McCaskill Second: Huffman Ayes: Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer Approved: 7-0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Hill opened the public forum at 7:00pm. There being no one wishing to speak, Mayor Hill closed the public forum at 7:00pm. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480-711B (ZA20-0027), 2ND READING, ZONING CHANGE AND SITE PLAN FOR USPI ALL STAR MEDICAL OFFICE ON PROPERTY DESCRIBED AS LOTS 1 & 2, BLOCK 1, TOWER PLAZA, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 905 AND 925 E. SOUTHLAKE BLVD., SOUTHLAKE, TEXAS. CURRENT ZONING: "S-P-1" DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: "S-P-1" DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #9. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented Item 6A and answered questions from Council. Mayor Hill opened the public hearing at 7:00pm. There being no one wishing to speak, Mayor Hill closed the public hearing at 7:00pm. Motion was made to approve Item 6A, Ordinance No. 480-711B (ZA20-0027), 2nd Reading, Zoning Change and Site Plan for USPI All Star Medical Office on property described as Lots 1 & 2, Block 1, Tower Plaza, an addition to the City of Southlake, Tarrant County, Texas, and located at 905 and 925 E. Southlake Blvd., subject to the Staff Report dated August 25, 2020, and Site Plan Review Summary No. 3, dated July 31, 2020, and noting the following: - City Council is approving the front entrance modification as presented with the brass color canopy. - Noting that all other S-P-1 regulations and variances will remain in place unless noted as part of this zoning action. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2020 Page 4 of 10 Motion: McCaskill Second: Huffman Ayes: Shafi, 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. 480-711B AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS 1 & 2, BLOCK 1, TOWER PLAZA, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 5.75 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; 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. 480-769 (ZA20-0028), 2ND READING, ZONING CHANGE AND SITE PLAN FOR ZEM PROPERTIES PHASE 2, ON PROPERTY DESCRIBED AS TRACTS 1B15, 1B6F, 1B14, 1B6E, 1B, 1B6E, 1B17, AND 1B6H, HARRISON DECKER SURVEY ABSTRACT NO. 438, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 1211, 1213,1215, AND 1217 TIMBERLINE COURT, SOUTHLAKE, TEXAS. CURRENT ZONING: “MH” MANUFACTURED HOUSING DISTRICT. REQUESTED ZONING: “I-1” LIGHT INDUSTRIAL DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented Item 6B and answered questions from Council. Mayor Hill opened the public hearing at 7:01pm. There being no one wishing to speak, Mayor Hill closed the public hearing at 7:01pm. Motion was made to approve Item 6B, Ordinance No. 480-769 (ZA20-0028), 2nd Reading, Zoning Change and Site Plan for ZEM Properties Phase 2, on property described as Tracts 1B15, 1B6F, 1B14, 1B6E, 1B, 1B6E, 1B17, and 1B6H, Harrison Decker Survey Abstract No. 438, City of Southlake, Tarrant County, Texas, and located at 1211, 1213,1215, and 1217 Timberline Court, subject to the Staff Report dated August 25, 2020, REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2020 Page 5 of 10 and Site Plan Review Summary No. 2, dated May 29, 2020, and granting the following: - There is 25% of existing tree cover on the property and a minimum of 60% of the tree cover is required to be preserved. The applicant is proposing to preserve 42%. Motion: McCaskill Second: Huffman Ayes: Shafi, 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. 480-769 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 1B15, 1B6F, 1B14, 1B6E, 1B, 1B6E, 1B17, AND 1B6H, HARRISON DECKER SURVEY ABSTRACT NO. 438, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.78 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “MH” MANUFACTURED HOUSING DISTRICT TO “I-1” LIGHT INDUSTRIAL DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; 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. 6C. ORDINANCE NO. 480-CCCCC, 2ND READING, AMENDMENT TO ZONING ORDINANCE NO. 480, AS AMENDED, SECTION 37 “DT” DOWNTOWN DISTRICT. THE PURPOSE OF THIS REQUEST IS TO AMEND “DT” DISTRICT TO ALLOW GREATER FLEXIBILITY FOR ADMINISTRATIVE APPROVAL OF STOREFRONT FAÇADE DESIGNS. SPIN NEIGHBORHOOD #8. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented Item 6C and answered questions from Council. Mayor Hill opened the public hearing at 7:02pm. There being no one wishing to speak, Mayor Hill closed the public hearing at 7:02pm. Motion was made to approve Item 6C, Ordinance No. 480-CCCCC, 2nd Reading, amendment to Zoning Ordinance No. 480, as amended, Section 37 “DT” Downtown District. The purpose of this request is to amend “DT” district to allow greater flexibility for REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2020 Page 6 of 10 administrative approval of storefront façade designs, subject to the Staff Report dated August 25, 2020. Motion: McCaskill Second: Huffman Ayes: Shafi, 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. 480-CCCCC AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING SECTION 37, “DT” DOWNTOWN DISTRICT, TO ALLOW GREATER FLEXIBILITY FOR ADMINISTRATIVE APPROVAL OF STOREFRONT FAÇADE DESIGNS, INCLUDING USE OF BRANDING COLOR; 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 PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6D. APPROVAL OF THE AMENDED FISCAL YEAR 2020 SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT OPERATING BUDGET AND ADOPTION OF FISCAL YEAR 2021 OPERATING BUDGET AND MULTI-YEAR CAPITAL IMPROVEMENT PLAN. PUBLIC HEARING APPROVED Chief Financial Officer Sharen Jackson presented Item 6D and answered questions from Council. Mayor Hill opened the public hearing at 7:06pm. Randy Williamson, 705 Castle Rock Drive, spoke about the budget. There being no one else wishing to speak, Mayor Hill closed the public hearing at 7:07pm. Motion was made to approve Item 6D, approval of the amended Fiscal Year 2020 Southlake Crime Control and Prevention District Operating Budget and adoption of Fiscal Year 2021 Operating Budget and Multi-Year Capital Improvement Plan, and noting the following: - The statute requires that the City Council provide for notification of the public hearing and hold the public hearing within specified time frames that are not applicable to the overall City budget. If the City Council wishes to change any portion of the budget, State statute requires that the City Council meet with the Crime Control and Prevention District Board to come to a mutually acceptable budget for the District. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2020 Page 7 of 10 Motion: McCaskill Second: Huffman Ayes: Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer Approved: 7-0 6E. ORDINANCE NO. 1234, 1ST READING, TAX LEVY ORDINANCE. PUBLIC HEARING APPROVED Chief Financial Officer Sharen Jackson presented Item 6E and answered questions from Council. Mayor Hill opened the public hearing at 7:06pm. There being no one wishing to speak, Mayor Hill closed the public hearing at 7:07pm. Motion was made to approve Item 6E, Ordinance No. 1234, 1st Reading, Tax Levy Ordinance., and noting the following: - Part of the tax rate, $0.075 (18.5%) per $100, pays for the retirement of debt that is due during the 2020 budget year. The remainder of the tax rate, $0.33 (81.5%) per $100, is used to support General Fund operations of the City. - On July 25th, the Tarrant and Denton Appraisal District certified the appraised values of all properties in Southlake at a total taxable value $7,768,644,007 (net of TIF values), as of January 1, 2020. - This year's proposed tax rate of $0.405 is below the no new revenue rate (effective rate tax rate) of $0.422115. - The FY 2021 includes tax relief in the form of a 20% homestead exemption and a rate reduction of $0.005. Motion: McCaskill Second: Huffman Ayes: Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer Approved: 7-0 6F. ORDINANCE NO. 1235, 1ST READING, APPROVING AND ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 2021 AND APPROVING THE REVISED BUDGET FIGURES FOR FISCAL YEAR 2020 AND MULTI-YEAR CAPITAL IMPROVEMENT. PUBLIC HEARING APPROVED Chief Financial Officer Sharen Jackson presented Item 6F and answered questions from Council. Mayor Hill opened the public hearing at 7:06pm. There being no one wishing to speak, Mayor Hill closed the public hearing at 7:07pm. Motion was made to approve Item 6F, Ordinance No. 1235, 1st Reading, approving and REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2020 Page 8 of 10 adopting the Annual Budget for Fiscal Year 2021 and approving the revised budget figures for Fiscal Year 2020 and Multi-year capital improvement., and noting the following: - The budget as presented proposes to reduce the tax rate to $0.0405 with total revenue of $112,794,276 and total expenditures of $105,176,360. Motion: McCaskill Second: Huffman Ayes: Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer Approved: 7-0 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA.) 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.) 9. OTHER ITEMS FOR CONSIDERATION: 9A. SV20-0010, VARIANCE TO SIGN ORDINANCE NO. 704 AS AMENDED, FOR STRETCH LAB LOCATED AT 2600 E. SOUTHLAKE BLVD., SUITE 160, SOUTHLAKE, TEXAS. DENIED Senior Director of Planning and Development Services Ken Baker presented Item 9A and answered questions from Council. Motion was made to deny Item 9A, SV20-0010, Variance to Sign Ordinance No. 704 as amended, for Stretch Lab located at 2600 E. Southlake Blvd., Suite 160. Motion: McCaskill Second: Huffman Ayes: Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer Approved to DENY: 7-0 9B. SV20-0011, VARIANCE TO SIGN ORDINANCE NO. 704, AS AMENDED, FOR CTI FOODS LOCATED AT 2106 E. SH 114, SUITE 400, SOUTHLAKE, TEXAS. APPROVED Senior Director of Planning and Development Services Ken Baker presented Item 9B and answered questions from Council. Motion was made to approve Item 9B, SV20-0011, Variance to Sign Ordinance No. 704, as amended, for CTI Foods located at 2106 E. SH 114, Suite 400, subject to the Staff Report dated August 25, 2020, and granting the following: - Applicant is requesting an upper story attached building sign to be located on a wall that is within the tenant’s lease space. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2020 Page 9 of 10 Motion: McCaskill Second: Huffman Ayes: Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer Approved: 7-0 9C. SV20-0009, VARIANCES TO THE GATEWAY PLAZA PHASE II SIGN REGULATIONS AND SIGN ORDINANCE NO. 704, AS AMENDED, FOR ONE STOP NUTRITION LOCATED AT 2704 E. SOUTHLAKE BLVD., SUITE 101, SOUTHLAKE, TEXAS. APPROVED Senior Director of Planning and Development Services Ken Baker presented Item 9C and answered questions from Council. Brandon Brown, owner of One Stop Nutrition, presented this item and answered questions from Council. Motion was made to approve Item 9C, SV20-0009, Variances to the Gateway Plaza Phase II sign regulations and Sign Ordinance No. 704, as amended, for One Stop Nutrition located at 2704 E. Southlake Blvd., Suite 101, subject to the Staff Report dated August 25, 2020, and granting the following: - The applicant is requesting to allow a greater than allowable sign width for the lease space, a greater than permitted overall sign area, a pill box tag line sign and a backer plate for the channel letters as part of the overall signage for the store. And noting: - Council is adopting the Sign Board recommendation with respect to the applicant’s request to allow a greater than allowable sign width for the lease space, a greater than permitted overall sign area; - Limiting the use of the pill box tag line sign to the duration of the temporary sign regulations currently in place, and such pill box sign shall be removed within 45 days of Council’s suspension of the temporary sign regulations; - The applicant will work with staff relative to the tag line signage with the wording, “Vitamins Smoothies Supplements Weightloss.” Motion: McCaskill Second: Huffman Ayes: Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer Approved: 7-0 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. ADJOURNMENT Mayor Hill adjourned the meeting at 7:31pm. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2020 Page 10 of 10 MINUTES APPROVED ON THIS, THE 15TH DAY OF SEPTEMBER 2020. ______________________________ Laura Hill Mayor ATTEST: ______________________________ Amy Shelley, TRMC City Secretary