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2023-12-19 CC Minutes elCITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 19, 2023 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor John Huffman, Mayor Pro Tern Shawn McCaskill, Deputy Mayor Pro Tem Kathy Talley, and Councilmembers Randy Robbins, Ronell Smith, Amy Torres-Lepp, and Randy Williamson STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Alison Ortowski, Senior Director of Human Resources Stacey Black, Director of Communications Pilar Schank, Chief Financial Officer Sharen Jackson, Police Chief James Brandon, Fire Chief Mike Starr, Director of Community Services David Miller, Operations Manager, Special Projects Robert Briggs, Director of Economic Development and Tourism Daniel Cortez, Director of Planning and Development Services Dennis Killough, 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 John Huffman at 5:30pm. 2. INVOCATION: CLAYTON REED Mr. Clayton Reed provided the invocation. Mayor John Huffman led the pledges of allegiance to the United States and Texas Flags. 3. DISCUSS ALL ITEMS ON TONIGHT'S AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. Mayor Huffman reviewed the items on the consent agenda. REGULAR SESSION: Immediately following the work session 1. CALL TO ORDER Regular Session was called to order by Mayor Huffman at 5:34pm. 2A. EXECUTIVE SESSION REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 19, 2023 Page 1 of 9 Mayor Huffman 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; Section 551.074 deliberation regarding personnel matters; and Section 551.087 deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:34pm. Executive Session began at 5:45pm and concluded at 6:37pm. 2B. RECONVENE Mayor Huffman reconvened the meeting at 6:45pm. 3. REPORTS: 3A. MAYOR'S REPORT 3B. CITY MANAGER'S REPORT 3B1. 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: 4A. APPROVE MINUTES FROM THE NOVEMBER 28, 2023, SPECIAL CITY COUNCIL MEETING. 4B. APPROVE MINUTES FROM THE DECEMBER 5, 2023, REGULAR CITY COUNCIL MEETING. 4C. CANCEL THE JANUARY 2, 2024, REGULAR CITY COUNCIL MEETING. 4D. APPROVE FY2024 TEEN COURT INTERLOCAL AGREEMENT. 4E. APPROVE ZA23-0067, PRELIMINARY PLAT FOR CONSTELLATION SOUTHLAKE, FOR PROPERTY DESCRIBED AS TRACTS 1 B01, 1601B, 1 B01 C, 1 B01 C1, 1601C2, 1601D, 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. 4F. 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. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 19, 2023 Page 2 of 9 4G. APPROVE ORDINANCE NO. 1283, 1ST READING, A FRANCHISE AGREEMENT WITH ONCOR ELECTRIC DELIVERY COMPANY, LLC. APPROVED Motion was made to approve Consent Items 4A-4G, as written, and moving Item 7A from the Regular Agenda to the Consent Agenda, noting the following: - Item 7A: o Approving Ordinance No. 480-805, ZA23-0035, 1st Reading, Zoning Change and Concept Plan for 1390 Brown Lane located on property described as Tract 1G, John Heirs Childress Survey Abstract No. 253, City of Southlake, Tarrant County, Texas and located at 1390 Brown Lane, subject to the Staff Report dated December 12, 2023, and Plan Review Summary No. 3, dated December 1, 2023; o Approving variance to the Subdivision Ordinance No. 483, as amended, Sections 8.01 and 5.04 requiring residential lots to front on a public street; o Approving a zoning change and concept plan changing zoning from "AG" Agricultural District to "SF-1A" Single Family Residential on a single tract of land located at 1390 Brown Lane, and granting a variance to the Subdivision Ordinance No. 483, as amended, Sections 8.01 and 5.04 requiring residential lots to front on a public street, noting that the approval is subject to meeting the City of Southlake minimum fire protection and access standards. Motion: McCaskill Second: Talley Ayes: Talley, Robbins, McCaskill, Huffman, Smith, Torres-Lepp, Williamson Nays: None Approved: 7-0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Huffman opened the public forum at 7:06pm. Laila Rhima, 700 Carrillon Ln, spoke in support of a request for the Council to issue a ceasefire in Gaza resolution. Saimaa Elshanshory, 607 Hays, spoke in support of a request for the Council to issue a ceasefire in Gaza resolution. Anthony Lazon Conde, Dallas, spoke in support of a request for the Council to issue a ceasefire in Gaza resolution. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 19, 2023 Page 3 of 9 Kyle Lawrence, 2906 Owen Ln, Mesquite, spoke in support of a request for the Council to issue a ceasefire in Gaza resolution. Brittney Beal, 9475 Forest Springs Dr., Apt. 1007, Dallas, spoke in support of a request for the Council to issue a ceasefire in Gaza resolution. Mohammed Farooqi, 8032 Brook Ride Dr., Ft. Worth, spoke in support of a request for the Council to issue a ceasefire in Gaza resolution. There being no one else wishing to speak, Mayor Huffman closed the public forum at 7:24pm. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. 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 APPROVED Operations Manager, Special Projects Robert Briggs presented Item 6A and answered questions from the Council. Mayor Huffman opened the public hearing at 6:50pm. There being no one wishing to speak, Mayor Huffman closed the public hearing at 6:50pm. Motion was made to approve Item 6A, 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, subject to the Staff Report dated December 6, 2023. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 19, 2023 Page 4 of 9 Motion: McCaskill Second: Talley Ayes: Talley, Robbins, McCaskill, Huffman, Smith, Torres-Lepp, Williamson Nays: None Approved: 7-0 ORDINANCE NO. 1228B AN ORDINANCE 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 DEVELOPMENT CORPORATION," OF CHAPTER 12, "PARKS AND RECREATION," OF THE SOUTHLAKE CODE OF ORDINANCES TO UPDATE PROVISONS AND LOCATE PROVISIONS FOR ALL CITY BOARDS, COMMISSIONS, 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; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. 6B. 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 APPROVED Director of Planning and Development Services Dennis Killough presented Item 6B and answered questions from the Council. Mayor Huffman opened the public hearing at 6:52pm. There being no one wishing to speak, Mayor Huffman closed the public hearing at 6:52pm. Motion was made to approve Item 6B, 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, subject to the Staff Report dated December 12, 2023. Motion: McCaskill Second: Talley Ayes: Talley, Robbins, McCaskill, Huffman, Smith, Torres-Lepp, Williamson Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 19, 2023 Page 5 of 9 ORDINANCE NO. 1023-A AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING CHAPTER 10 "HEALTH AND SANITATION", ARTICLE VI, "PUBLIC SWIMMING POOLS AND SPAS" OF THE CITY OF SOUTHLAKE CODE OF ORDINANCES, AS AMENDED, BY ADDING ARTICLE VIAMENDING THE REGULATIONS FOR, "PUBLIC SWIMMING POOLS AND SPAS" TO CHAPTER 10; PROVIDING REGULATIONS THEREFOR; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 6C. 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 APPROVED Director of Planning and Development Services Dennis Killough presented Item 6C and answered questions from the Council. Mayor Huffman opened the public hearing at 6:53pm. There being no one wishing to speak, Mayor Huffman closed the public hearing at 6:53pm. Motion was made to approve Item 6C, 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, subject to the Staff Report dated December 12, 2023. Motion: McCaskill Second: Talley Ayes: Talley, Robbins, McCaskill, Huffman, Smith, Torres-Lepp, Williamson Nays: None Approved: 7-0 ORDINANCE NO. 1028-A AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING CHAPTER 10 "HEALTH AND SANITATION", ARTICLE ILL "FOOD ESTABLISHMENTS", OF THE CITY OF SOUTHLAKE CODE OF ORDINANCES, AS AMENDED, BY AMENDING THE REGULATIONS FOR FOOD ESTABLISHMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 19, 2023 Page 6 of 9 6D. 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 APPROVED Director of Planning and Development Services Dennis Killough presented Item 6D and answered questions from the Council. Mayor Huffman opened the public hearing at 7:04pm. There being no one wishing to speak, Mayor Huffman closed the public hearing at 7:04pm. Motion was made to approve Item 6D, 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., subject to Staff Report dated December 12, 2023, and Specific Use Permit Review Summary No. 1, dated November 16, 2023, subject to the Staff Report dated December 19, 2023, and Specific Use Permit Review Summary No. 2, dated December 19, 2023, also noting: - Approving the requested Specific Use Permit for a mass gathering for Springfest to be held on Saturday, February 10, 2024, allowing an alternative inclement weather date of February 17, 2024, permitting the alternate site map presented this evening if needed and limiting the SUP to a one-year approval. - Vendors are not to block sidewalks in front of tenants and retail spaces. Motion: McCaskill Second: Talley Ayes: Talley, Robbins, McCaskill, Huffman, Smith, Torres-Lepp, Williamson Nays: None Approved: 7-0 RESOLUTION NO. 23-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING FOR SPINGFEST LOCATED BETWEEN E. SOUTHLAKE BLVD., CARROLL AVE., PROSPECT ST., FEDERAL WAY, AND CENTRAL AVE., SOUTHLAKE, TEXAS, BEING DESCRIBED AS A PORTION OF SOUTHLAKE TOWN SQUARE, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 19, 2023 Page 7 of 9 7A. ORDINANCE NO. 480-805, ZA23-0035, 1ST READING, ZONING CHANGE AND CONCEPT PLAN FOR 1390 BROWN LANE LOCATED ON PROPERTY DESCRIBED AS TRACT 1G, 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-1A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN NEIGHBORHOOD #5. APPROVED UNDER CONSENT 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.) EXECUTIVE SESSION Mayor Huffman announced the City Council would go into Executive Session pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Section 551.074 deliberation regarding personnel matters. The City Council adjourned for Executive Session at 7:25pm. Executive Session began at 7:26pm and concluded at 7:40pm. RECONVENE Mayor Huffman reconvened the meeting at 7:41pm. As a result of the Executive Session, a motion was made to approve an amendment to the City Secretary's contract with a contract extension of two years, including a 4.5% merit increase, with an effective date of January 1, 2024. Motion: McCaskill Second: Talley Ayes: Talley, Robbins, McCaskill, Huffman, Smith, Torres-Lepp, Williamson Nays: None Absent: None Approved: 7-0 11. ADJOURNMENT Mayor Huffman adjourned the meeting at 7:41 pm. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 19, 2023 Page 8 of 9 *An audio recording of this meeting will be permanently retained in the City Secretary's Office. MINUTES APPROVED ON THIS, THE 16TH OF JANUARY 2024. AW oh► Hp.man 0,0111111,,,, Mayor TEST: �%S% souTktq ,h1176,, • 11‘ , A bS4elley, TRMC ,I— • Ci ' Secretary ' �� 4,,111110 REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 19, 2023 Page 9 of 9