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Item 9BCITY OF SOUTHLAKE MEMORANDUM February 12, 2014 To: Shana Yelverton, City Manager From: Ben Thatcher, Assistant City Manager Subject: Item 9B — Amending the City's Legislative Agenda Action Requested: Approval of Item 9B amending the City's 2013 Legislative Agenda to include a formal position regarding the aircraft noise and airspace utilization over Southlake city limits. Background Information: Every two years the City of Southlake adopts a formal legislative agenda as the Texas Legislature meets in regular session. Recently the City has been asked by several parties to state its official position to the recent increase in aircraft noise and airspace utilization over the City of Southlake. The FAA has also started implementing a new aviation technology program among its airports called NextGen, to which the City has participated in its public comment process. By amending the City's current legislative agenda the City wishes to preserve the well -established airspace utilization corridors that were agreed upon during the 1980s and have since guided our City's development and infrastructure investment. As you know each issue in the City's legislative agenda is given a priority designation as follows: Seek passage of legislation dealing with the issue Support legislation dealing with the issue Oppose legislation dealing with the issue This amendment adds a 12t" issue to the City's agenda called "Aircraft Noise and Airspace Utilization." The proposed position is one that supports legislation and/or regulatory policies that: "Protect the City's previously agreed upon method for using airspace over its city limits within the well -established corridors that have guided our City's development and investment. " Honorable Mayor and City Council City Legislative Agenda Amendment Page 2 of 2 Financial Considerations: N/A. Citizen Input/ Board Review: N/A Legal Review: The City Attorneys and legislative consultants have contributed to the language of the proposed agenda. Alternatives: The Council could choose not to have a formal legislative position on this matter and continue to work on these issues informally as the City deems appropriate. Supporting Documents: City of Southlake's amended 2013 legislative agenda (the amendment is item 12 on pg. nine of the agenda) Staff Recommendation: Passage of Item 913 amending the City of Southlake's 2013 Legislative Agenda. SOUTHLAKE City of Southlake 2013 Legislative Agenda 83rd Texas Legislative Session I. II. III. TABLE OF CONTENTS General Legislative Policy ................................... Goals of City Legislative Activities ........................ Legislative Issues .............................................. Page 3 Page 4 Page 5 2 GENERAL LEGISLATIVE POLICY STATEMENT OF PRESERVATION As a general policy, the City of Southlake seeks to preserve its current authority to govern the City, its citizens, and its property in accordance with its strategic goals and interests. The City will oppose any legislation viewed as detrimental to the City's strategic goals; or that is contrary to the health, safety, and welfare of its citizens; or that mandates or results in increased costs or loss of revenues; or that would diminish the fundamental authority of the City. STATEMENT OF SUPPORT The City supports any legislation viewed as advancing the City's strategic goals and interests; or that improves the health, safety, and welfare of its citizens; or that responsibly increases revenues; or that advances the City's authority to conduct the public's business. The City will oppose any initiatives that seek to erode municipal authority or that otherwise have a negative impact on municipal operations, including but not limited to legislation that would: • Erode home rule authority; • Detrimentally affect the City's financial position by reducing revenue streams or increasing costs through unfunded mandates; • Erode the authority of Texas cities to manage and control their rights -of -way or other public property and to be reasonably compensated for such use; • Erode current municipal economic development authority; • Erode the current authority of Texas cities to enact a system and set the level of impact fees for new development; • Further restrict cities' ability to manage land uses or adopt or amend zoning regulations; • Erode municipal eminent domain authority; and • Any legislative requirement requiring the City to generate revenues for the State. Partnerships The City may form strategic partnerships with cities, political subdivisions, and private sector entities that share common goals with the City of Southlake. Additionally, the City will work in coordination with organizations such as the Texas Municipal League when their adopted positions are in line with the legislative objectives and goals of the City. The formation of strategic partnerships and coordinated efforts is intended to provide the City with a stronger presence in the legislative process. 3 GOALS OF CITY LEGISLATIVE ACTIVITIES The fundamental goal of all City of Southlake legislative activities is to produce positive outcomes for the citizens of the City of Southlake as a whole. Numerous proposals in the Texas Legislature have the potential to seriously impact the ability of the City to carry out its overall mission. By taking a proactive role in monitoring and commenting on proposals in the Texas Legislature, we are working to ensure that the citizens of the City of Southlake can continue to enjoy the quality of life they have come to expect and deserve. The City of Southlake has formally adopted strategic priorities and objectives as outlined in a Strategy Map, shown below. This Map will guide the City Council in the ongoing process of evaluating legislative positions on the key issues of the 83rd session of the Texas Legislature. City of Southlake Strategy Map The City of Southlake provides municipal services that support the highest quality of fife for our residents and businesses. We do this by delivering outstanding value and unrivaled quality in everything we do. Bob Critical -7 ness Outcomes - r r r Continue to I [a 41 BE A 10 Safety & Partnerships & Performance Management Mobility Infrastructure Quality P B Security Development Volunteerism & Service Delivery r Custom C1 Achieve the C3Provideattractive& r-4Attract&keep top -tier highaststandards C2 Provide travel unique spaces for businesses to driveadynamic& CS Promote opportunities of safety& convenience Within enioymentofpersonal sustain,ll,,,,n,,Ic for partnerships& security Uty&region interests environment volunteerinvolvement Manage the Business B1Achievebest- 82 Collaborate with 113Enhance resident 94 Provide 65lmprave 860ptimize in -class statusin -J—tpartnersto quality of life&business high quality performance of use of allU disciplines tY P implementservlce sustaineblllty through customer delivery&operational technology solutions toarlsm service processes Provide Financial Stewardship L..d�ere tofinanciil management F2 Invest to provide&maintain F3Achi—fiscal Wellness P4 Establish&maintain principles&budget high quality public assets standards affective internal Cantrals Promote Learning & Growth Ll Ens"r,,u,p,*pl, understandthastrategy& 11 Enhance—L3Attract.davelop& capabil itiestodeliver retains skilled L4 Recogni-& reward high LS Empower inlormed decision-meking.tall levels how they contribute toil results workforce performers in the organization 4 LEGISLATIVE ISSUES 1. Local Budgeting Authority and Revenue Sources As a municipal government which provides important and essential services to its citizens, the City of Southlake will monitor any legislation that would unduly restrict the ability of the City to set its own budget or raise the necessary revenue to provide services to City residents and businesses. As it relates to this position, the City will: • Support legislation that: i. Simplifies the effective tax rate calculation for notice purposes only, provided the legislation would have no effect on the underlying effective tax rate and rollback tax rate calculations themselves, nor upon the hold harmless exemptions to those rates. Oppose legislation that: i. Establishes a municipal revenue cap; ii. Further restricts annual appraisal increases; iii. Imposes a tax freeze or tax cap; iv. Imposes any unfunded mandates; V. Restricts ability to impose and collect municipal impact fees from new developments; vi. Imposes any requirement to raise current state fees on local fines; vii. Imposes new fees that result in the City collecting funds on behalf of the State; viii. Lowers the rollback threshold or the rollback rate at which an election is triggered; ix. Establishes new exemptions from or diminishes the City's ability to collect sales or property taxes, or municipal fees; or X. Results in a significant reduction to the City's tax base. 2. Local Control of Land Use Planning and Zoning The ability of most cities to manage growth and development is based on the Texas constitution's home rule provisions. Cities are allowed to amend charters and pass ordinances as long as they do not conflict with the constitution or general laws enacted by the state legislature. The bottom line means that each home rule city can make its own decisions about what planning tools and techniques are most appropriate to its situation unless those tools have been proscribed by the Texas legislature. As it relates to this position, the City will: • Support legislation that preserves local land use authority. • Oppose legislation that: i. Erodes local land use authority by restricting the ability of cities to zone or rezone properties; or ii. Restricts a city's ability to adopt or amend zoning regulations, or otherwise create a property right in a zoning classification. 3. Municipal Regulation of Urban Gas Drilling Southlake is located within the boundaries of the Barnett Shale's natural gas deposits. Efforts to drill and transport this important natural resource affect Southlake citizens, property owners, businesses and visitors. The City seeks legislative changes to grant local governments additional authority and oversight over gas pipelines located within municipal boundaries; and will monitor legislation related to gas well drilling, particularly language that is related to drilling in urban areas. As it relates to this position, the City will: • Support legislation that: Support legislation that would strengthen cities ability to regulate and monitor gas wells and gas pipelines. • Oppose legislation that: i. Establishes model rules relating to municipal regulation of gas drilling, gas pipelines, or other gas -related equipment; or ii. Weakens, strips, erodes or preempts the ability of cities to regulate gas pipeline locations or gas drilling operations, production or equipment. 4. Protection of Local Economic Development Authority Over the years, the City has utilized many different economic development tools and efforts to bring new investment to Southlake. During each legislative session these varying tools are the subject of much consideration and debate. It is in the City's interest to closely monitor these discussions and legislative activities as it potentially impacts our ability to use resources in building effective economic development programs and offer incentives to attract community investment. As it relates to this position, the City will: • Support legislation that provides local governments the ability to expand local economic development efforts. • Oppose legislation that would erode current authority to participate in local economic development projects, including but not limited to, the ability to provide tax abatements and Chapter 380 economic development agreements. G 5. TMRS The City of Southlake desires that an appropriate retirement system be provided to its current and former employees through the Texas Municipal Retirement System, one in which the needs of retired employees are balanced with the needs of taxpayers. To achieve this end, the City supports legislative changes which will provide cities participating in the Texas Municipal Retirement System with the flexibility needed to adequately balance these needs. As it relates to this position, the City will: • Support legislation that: i. Allows a city (for purposes of the Texas Municipal Retirement System (TMRS) return -to -work provision) to define 'full time " as 1, 000; 1, 250; or 1,500 hours annually, so long as such a change would not endanger the federal tax status of TMRS; or ii. Creates additional, flexible, cost -of -living adjustment (COLA) options under the Texas Municipal Retirement System that are not retroactive to a retiree's date of retirement, such options to possibly include one-time increases tied to increases in the consumer price index or flat percentage increases. 6. Transportation The City of Southlake believes that the ability of the North Texas region to work cooperatively is essential to the viability of this community and that of the entire region. A primary element of regional cooperation is a transportation system that seamlessly allows movement of people and goods throughout the area. As a member of the North Texas region, the City of Southlake is committed to finding transportation solutions to facilitate movement to, from and through Southlake and the surrounding area. As it relates to this position, the City will: • Support legislation that: i. Allows for greater flexibility by cities to fund local transportation projects; amend or otherwise modify state law to help cities fund transportation projects; or provide municipalities with additional funding options and resources to address transportation needs that the state and federal governments are unable or unwilling to address; ii. Discontinues the diversion of transportation revenues to non - transportation purposes and appropriate all revenues from highway user fees and taxes to fund transportation; or iii. Provides additional funding to the Texas Department of Transportation for transportation projects that would benefit cities, so long as existing funding formulas are followed. 7. Collective Bargaining The City of Southlake believes that the decisions affecting the employment relationships between employers and employees are best made at the local level by the elected officials 7 who represent the citizens of the local governments in which these individuals work, and not at the state and federal government. As it relates to this position, the City will: • Support legislation that: i. Exempts as many cities as possible from any federal collective bargaining legislation that may become law in the future. • Oppose legislation that: i. Expands the current meet -and -confer law. 8. Open Records Under the Texas Public Information Act (the Act), the general rule is that any member of the public has a right to access any information that is collected, assembled, or maintained by or for a city. The Act applies to all city records, regardless of format. During the last few years the City of Southlake has been inundated with information requests, and as a result has begun to make available quite a bit of information via the City's website. As it relates to this position, the City will: • Support legislation that: i. Authorizes the City to satisfy public information requests by directing the requestor to the City's website when the requested information is located there. 9. Public Notices In Texas the local government code requires municipalities to publish public notices in the local newspaper. With the use of the internet the City would be interested in providing this same service in a more efficient, less expensive and well organized way. As it relates to this position, the City will: • Support legislation that: i. Allows a municipality to publish legal notices on a city's website versus the existing newspaper publication which costs taxpayers unnecessary money. 10. Public Safety The City of Southlake has a few major traffic corridors within its boundaries such as State Highway 114, Farm to Market Road 1709, and Farm to Market Road 1938. The City also seeks to have a safe and secure roadway system and as such the City would support legislation that enhances this goal. As it relates to this position, the City will: • Support legislation that: i. Authorizes DWI checkpoints. • Oppose legislation that: i. Erodes or repeals red light camera authority. 9 11. Homestead Exemption The Southlake City Council has twice passed an ordinance offering a onetime fixed dollar homestead exemption to Southlake residents when setting the tax rate and adopting the budget. Each time Tarrant Appraisal District has had issue with the City's ability to do so stating that these ordinances were contradictory to the State's tax code saying that exemptions are only allowed in the form of a percentage of the appraised value and not a fixed dollar amount. The City's attorneys argue that as a home rule city, Southlake has the authority to adopt an ordinance which does not conflict with state law, and since the tax code does not address a fixed dollar amount then the City has the right to pursue this as an option. As it relates to this position, the City will: • Support legislation that: i. Clarifies authority of a municipality to offer a 'fixed dollar amount" homestead exemption. 12. Aircraft Noise and Air Space Utilization The City of Southlake has historically worked with the Federal Aviation Administration and DFW Airport to minimize negative consequences or compatibility issues arising from the close proximity of the City to the airport. In the late 1980s, the City worked with airport planners to identify the best methods of addressing land use incompatibility issues, resulting the the development of Air Corridor Utilization Zones to clearly identify areas of overflight impact to minimize noise compatibility issues. This agreement has guided the City's land use regulations. Recent changes in usage characteristics on runway 13R/31L have resulted in aircraft flying over the City outside established corridors. This, along with the City's understanding that the FAA is moving forward with a program called Next Gen, has prompted the City to establish a legislative position on aircraft noise and air space utilization. As it relates to this position, the City will: • Support legislation and/or regulatory policies that: i. Protect the City's previously agreed upon method for using airspace over its city limits within the well -established corridors that have guided our City's development and investment. 6