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2002-09-17 Regular CC Meeting CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: SEPTEMBER 17, 2002 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Call to order. 2. Discussion of all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or Immediately Following the Work Session 1. 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 and 551.087. 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. 1. Section 551.071 Consultation with City Attorney a. Seek advice of the city attorney regarding Town Square Developer's Agreement. b. Seek the advice of the attorney regarding Botanical Technologies, Inc. c. Seek the advice of the city attorney regarding MCSI, Inc., vs. HC Beck, et. al. 2. Section 551.087 Deliberation Regarding Economic Development Negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Chaplain of the month, David Dyke, Refuge Church 4. REPORTS: A. Mayor's Report B. City Manager's Report C. SPIN Report D. Parks and Recreation Board Report E. Committee Reports F. Local Business Report City of Southlake City Council Meeting Agenda September 17, 2002 Page 2 of 4 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. 5. Consent: A. Approval of the minutes of the City Council meeting held on September 3, 2002. B. Approval of Interlocal Agreement with the City of Colleyville for GIS services. C. Ordinance No. 480 -NN, 2 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, Sections 29 "MH — Manufactured Housing" district, Section 34 "Accessory Uses" and Section 44 "Board of Adjustments." TABLED TO THE OCTOBER 15, 2002, CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 830, 2nd Reading, Annual Budget for FY2002 -03 and approving the revised budget figures for FY2001 -02. SECOND PUBLIC HEARING B. Ordinance No. 831, 2 Reading, Tax Levy Ordinance. SECOND PUBLIC HEARING C. Approval of Resolution No. 02 -060, Bond Issue for The Clariden School. PUBLIC HEARING D. ZA02 -063, Site Plan for Cornerstone Business Park, Lots 4, 5, and 6, Block 3, located on the west side of Silicon Drive across from the intersection of Exchange Boulevard. Current Zoning: 0-1 - Office District. SPIN Neighborhood #7. PUBLIC HEARING E. ZA02 -071, Revised Site Plan for Big Bowl Asian Diner located in Gateway Plaza Phase III at the northeast corner of East Southlake Boulevard (FM 1709) and North Nolen Drive. Current Zoning: S -P -2 - General Site Plan District Regulations. SPIN Neighborhood #8. PUBLIC HEARING F. Resolution No. 02 -056 (ZA02 -075) Specific Use Permit to allow the sale of alcoholic beverages at Big Bowl Asian Diner located in Gateway Plaza Phase III at the northeast corner of East Southlake Boulevard (FM 1709) and North Nolen City of Southlake City Council Meeting Agenda September 17, 2002 Page 3 of 4 Drive. Current Zoning: S -P -2 - General Site Plan District Regulations. SPIN Neighborhood #8. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 832, 1 reading, amending Chapter 18, Article III, Section 18 -80, of the Southlake City Code, to revise the limits of a designated school zone on N. White Chapel Boulevard adjacent to the Clariden School. (If approved on first reading, the public hearing will be held on October 1, 2002.) B. ZA02 -073, Plat Revision for Lot 1, Block 1, Gateway Church Addition, located at 2121 E. Southlake Boulevard (FM 1709). Current Zoning: CS - Community Service District. SPIN Neighborhood #8. 9. Resolutions: A. Resolution No. 02 -058, Appointments to 2025 Plan Steering Committee. 10. Other items for consideration: A. Request for a variance to Sign Ordinance No. 704 -A for Quizno's Classic Subs located at 2140 E. Southlake Boulevard, Suite V. B. Authorize the Mayor to execute a commercial developer's agreement for Solana Addition, Lot 1, Block 1, Verizon Wireless, Network Operations Control Center (NOCC) located at the northwest corner of Dove Street and Kirkwood Boulevard. 11. Other items for discussion: (no items this agenda) 12. Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, September 13, 2002, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. R .,(1)1/t 0: Kim Bush c > - • 1 : -. f ;( Acting City Secretary ? ()% r '�• •••..._• If you plan to attend this public m ling initdtoW a disability that requires special needs, please advise the City Secretary 48 hours in advance 81 481 and reasonable accommodations will be made to assist you. City of Southlake City Council Meeting Agenda September 17, 2002 Page 4 of 4 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 advise 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. Hanson Aggregate Central, Inc., vs. City of Southlake. October 2000. 2. Marcus Taylor vs. City of Southlake and TRI DAL, LTD. March 2001. 3. City of Southlake vs. Timarron et.al. May 2001. 4. Oakmont Enterprises, Inc., vs. City of Southlake, and Sabre, Inc. January 2002. 5. Leona and Raymond Fox vs. City of Southlake. April 2002. 6. David A. Gray vs. City of Southlake. April 2002. 7. Gene Kalal et. al vs. City of Southlake. August 2002. 8. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 9. MCSI, Inc., vs. HC Beck, et. al. 10. Botanical Technologies, Inc., contract dispute. 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 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, 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 CITY COUNCIL MEETING September 17, 2002 MINUTES CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter, Keith Shankland, and Tom Stephen. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Finance Director Sharen Elam, Planning Director Bruce Payne, Economic Development Director Greg Last, Senior Planner Dennis Killough, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Director of Public Safety Rick Black, Police Chief Marlin Price, Deputy Director of Administrative Services Malcolm Jackson, Community Services Director Kevin Hugman, Senior Parks Planner Chris Carpenter, Battalion Commander Robert Isbell, Assistant to the Public Works Director Valerie Bradley, Human Resource Director Harold Cates, City Attorney Debra Drayovitch, Acting City Secretary Kim Bush, and Deputy City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:36 p.m. REGULAR SESSION: Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 5:48 p.m. Agenda Item No. 2A, Executive Session: Mayor Stacy announced that the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel matters; Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:48 p.m. Executive Session began at 6:07 p.m. and ended at 6:30 p.m. Agenda Item No. 2B, Reconvene: City Council reconvened the regular meeting at 6:45 p.m. Agenda Item No. 3, Invocation was presented by David Dyke, Refuge Church. Agenda Item No. 4, Reports: A. Mayor's Report — Mayor Stacy announced upcoming meetings and events. The Mayor encouraged everyone to attend the Kaleidoscope of Homes in Clariden Ranch. The Mayor thanked Director Black for the excellent job he did with the September 11 memorial ceremony. B. City Manager's Report — None C. SPIN Report — Bob Walker spoke regarding upcoming SPIN meetings. D. Parks and Recreation Board Report — Board member Tim O'Connor reported on the Board's meetings and upcoming events. E. Committee Reports — None CITY COUNCIL MEETING MINUTES, SEPTEMBER 17, 2002, PAGE 1 OF 7 F. Local Business Report — Gary Petty of Heritage Fine Rugs gave a brief presentation regarding his business. Consent Agenda: 5A. Approval of the minutes of the regular City Council meeting held on September 3, 2002. Approved as presented. 5B. Approval of Interlocal Agreement with the City of Colleyville for GIS Services. This is an annual interlocal agreement between Southlake and Colleyville for shared GIS services. In return for the GIS man- hours, Colleyville will reimburse Southlake $22,000 plus the cost of supplies. 5C. Ordinance No. 480 -NN, 2 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, Section 29 "MH — Manufactured Housing" district, Section 34 "Accessory Uses," and Section 44 "Board of Adjustments." Tabled to the October 15, 2002, City Council meeting. 8A. Ordinance No. 832, 1 Reading, amending Chapter 18, Article III, Section 18 -80, of the Southlake City Code, to revise the limits of a designated school zone on N. White Chapel Boulevard adjacent to the Clariden School. The Clariden School has operated at 1325 N. White Chapel Boulevard for years and the City previously established a school zone for that area. This past year, the Clariden School constructed a new school at 100 Clariden Ranch Road and opened for classes the week of August 26, 2002. City Public Works crews will move the school zone flashers from their old location to the 3800 -3900 block of White Chapel Boulevard. 8B. ZA02 -073, Plat Revision for Lot 1, Block 1, Gateway Church Addition, located at 2121 E. Southlake Boulevard (FM 1709). Current Zoning: CS — Community Service District. SPIN Neighborhood #8. The purpose of this plat revision is to abandon a drainage easement. The planning staff is also requiring that the common access easement stub located in the east boundary be relocated to accommodate the Eatzi's restaurant site located to the east. The P &Z Commission recommended approval on September 5, 2002, subject to Plat Review Summary No. 2, dated August 30, 2002. Staff recommended approval subject to Revised Plat Review Summary No. 2, dated September 13, 2002. 9A. Resolution No. 02 -058, Appointments to 2025 Plan Steering Committee. Tabled to the October 1, 2002, City Council meeting. 10A. Request for a variance to Sign Ordinance No. 704 -A for Quizno's Classic Subs located at 2140 E. Southlake Boulevard, Suite V. Director of Public Safety Rick Black presented this item to Council. The applicant is requesting to install a sign with eighteen inch letters "Q" and "Z" with remaining letters and logo at fourteen inches with an overall sign area of 23.75 square feet. 10B. Authorize the Mayor to execute a commercial developer's agreement for Solana Addition, Lot 1, Block 1, Verizon Wireless, Network Operations Control Center (NOCC) located at the northwest corner of Dove Street and Kirkwood Boulevard. Public Works Director Pedram Farahnak presented this item to Council. The developer's agreement includes the following changes to the standard agreement: 1) Reduce inspection fee, administrative processing fee and overtime charges to one -half normal charge per the 380 Agreement approved by Council. 2) The developer request that they not be required to install any street lights along Dove Street. 3) The developer desires to delete the indemnification of the City for negligence of City, its officers and employees. 4) Add the following CITY COUNCIL MEETING MINUTES, SEPTEMBER 17, 2002, PAGE 2 OF 7 phrase to General Provision, paragraph D: "with the exception of the developer's wholly owned subsidiary or principal which acquires all of Verizon Wireless' assets," 4) Park fee is waived per the 380 Agreement approved by Council. 5) Developer is constructing the west half of Kirkwood Boulevard from Dove Street to Verizon delivery drive entrance and widening Dove Street to 4 lanes divided from State Highway 114 transition through Kirkwood Boulevard. The City will reimburse Verizon Wireless for the costs of construction of Dove Street in an amount not to exceed $345,686 when funds are available. During the Work Session, Councilmember Potter asked if staff confirmed that all of the agreements made by the developer during the zoning and site plan stage are being followed through with in this agreement. Director Farahnak said staff checked every item, and all of it is covered in this agreement. Motion was made to approve consent agenda items 5A, 5B, 5C (to table), 8A, 8B, 9A (to table), 10A, and 10B. Motion: Standerfer Second: Stephen Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy Nays: none Approved: 7 -0 REGULAR AGENDA Agenda Item 6. Public Forum. Rick Brockington, (President of Brock Paving Industries), 1362 Cross Timber Drive, Southlake, Texas. Stated his concerns regarding lack of payment to his paving company for the work completed at Bob Jones Park. Agenda Item 7C. Approval of Resolution No. 02 -060, Bond Issue for The Clariden School. Director of Finance Sharen Elam presented Resolution No. 02 -060 for The Clariden School which is a 501(c)(3) nonprofit corporation and under the provisions of both state law and federal income tax requirements, 501(c)(3) corporations can borrow through the use of tax exempt bonds. The City of Southlake's approval is required under Section 147 (f) of the Internal Revenue Code. That section requires that the bond issue be approved both by the "issuing" jurisdiction (i.e., Italy, Texas) and by the "host" jurisdiction where the School's new facilities are located (i.e., Southlake). The procedure for this approval requires two steps: 1) a public hearing; and 2) approval by the City by Resolution. The bonds are paid back solely by payments made by The Clariden School and do not constitute any obligation of the City of Southlake. Southlake's sole involvement with the project is to give the approval required by the tax code. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE ISSUANCE OF EDUCATION REVENUE BONDS BY THE ITALY HIGHER EDUCATION FACILITIES CORPORATION FOR THE CLARIDEN SCHOOL; AND PROVIDING AN EFFECTIVE DATE. There were no comments from the audience during the Public Hearing. Motion was made to approve Resolution No. 02 -060. Motion: Stephen CITY COUNCIL MEETING MINUTES, SEPTEMBER 17, 2002, PAGE 3 OF 7 Second: Shankland Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Stacy Nays: none Approved: 7 -0 Agenda Item 7D. ZA02 -063, Site Plan for Cornerstone Business Park, Lots 4, 5, and 6, Block 3, located on the west side of Silicon Drive across from the intersection of Exchange Boulevard. Current Zoning: O- 1 Office District. SPIN Neighborhood #7. Senior Planner Dennis Killough presented this item to Council. The P &Z Commission recommended approval on September 5, 2002, subject to Site Plan Review Summary No. 4, dated August 30, 2002, allowing the requested variances for stacking depth and parking reduction; complete the fence along the southern portion of the property; and if an amendment to the deed restrictions can be obtained, the dumpsters are to be relocated to the northwest corner of building A and the northwest corner of building D. Applicant Ralph Williams answered questions from Council. There were no comments from the audience during the Public Hearing. Motion was made to approve ZA02 -063 subject to Revised Site Plan Review Summary No. 4, dated August 30, 2002; to approve the revised plan with the variances shown; and subject to P &Z's motion. Motion: Standerfer Second: Evans Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Stacy Nays: none Approved: 7 -0 Agenda Item 7E. ZA02 -071, Revised Site Plan for Big Bowl Asian Diner, located in Gateway Plaza Phase III at the northeast corner of East Southlake Boulevard (FM 1709) and North Nolen Drive. Current Zoning: S -P -2 General Site Plan District Regulations. SPIN Neighborhood #7. Senior Planner Dennis Killough presented this item to Council. The P &Z Commission recommended approval on September 5, 2002, subject to Revised Site Plan Review No. 3, dated August 30, 2002. Applicant Terry Wilkinson answered questions from Council. He said they are researching to find a lower - profile air conditioning system but if not, they will need to ask for a variance to raise the parapet wall in order to hide the equipment. There were no comments from the audience during the Public Hearing. Motion was made to approve ZA02 -071 subject to Revised Site Plan Review Summary No. 4, dated September 13, 2002, and granting the vertical articulation variance so that the equipment on top of the buildings will not be visible if a lower profile system could not be acquired. Motion: Standerfer Second: Shankland Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: none Approved: 7 -0 Agenda Item 7F. Resolution No. 02 -056 (ZA02 -075) Specific Use Permit to allow the sale of alcoholic beverages at Big Bowl Asian Diner, located in Gateway Plaza Phase III at the northeast corner of East Southlake Boulevard (FM 1709) and North Nolen Drive. Current Zoning: S -P -2 General Site Plan District Regulations. SPIN Neighborhood #7. Senior Planner Dennis Killough presented this item to Council. The P &Z Commission recommended approval on September 5, 2002. Applicant Terry Wilkinson answered CITY COUNCIL MEETING MINUTES, SEPTEMBER 17, 2002, PAGE 4 OF 7 questions from Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING PROPERTY LOCATED AT 2700 E. SOUTHLAKE BLVD, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING PORTIONS OF TRACTS 3B1 AND 7B, W. E. MAYFIELD SUBDIVISION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B;" AND PROVIDING AN EFFECTIVE DATE. Public Hearing: Charlie Broadaway. Feels the Council needs to limit the number of permits issued to sell alcoholic beverages. There were no other comments during the Public Hearing. Motion was made to approve Resolution No. 02 -056 for a period of twenty years to match the initial term of the lease. Motion: Stephen Second: Evans Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Stacy Nays: none Approved: 7 -0 Agenda Item 7A. Ordinance No. 830, 2nd Reading, Annual Budget for FY2002 -03 and approving the revised budget figures for FY2001 -02. City Manager Billy Campbell introduced this item to Council. He thanked Council and staff for their dedication to this budget process. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2001 -02; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND TERMINATING SEPTEMBER 30, 2003, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Public Hearing: Charlie Broadaway. Spoke against a tax rate increase. There were no other comments during the Public Hearing. Motion was made to approve Ordinance No. 830, 2 11d Reading, as proposed by the City Manager with the following amendments: 1) fund the compensation plan at a 3% increase rather than a 5% increase as proposed; 2) fund one -half of the increase in employee dependent coverage insurance premium rather than none of the increase; 3) lease the ambulance on a lease /purchase rather than buy it; 4) provide $15,000 in matching funds toward the library, meaning the library would raise $15,000 to match the CITY COUNCIL MEETING MINUTES, SEPTEMBER 17, 2002, PAGE 5 OF 7 • City's $15,000; 5) move forward with the matching grant from the M.R. and Evelyn Hudson Foundation for the library as recently discussed; 6) fund G.R.A.C.E. and C.A.R.S. at $5,000 and fund The Women's Shelter at $1,500; and 7) fund the addition of three traffic officers and three fire fighters on a timeline approved by the City Manager and the Director of Public Safety. Motion: Standerfer Second: Stephen Councilmember Potter said there is no need for a tax rate increase; this year is not the year to raise taxes. Mayor Stacy stated that he firmly believes this is the year to live within our means and set our budget according to the projected revenue at the current tax rate. When she looks at the City's debt, Councilmember Morris thinks we need to add the extra penny to debt service which means paying back what the City already owes and allowing us to go forward with some of the CIP projects. Money has been taken from that fund before, and she thinks it is time to start increasing its balance again. Ayes: Stephen, Evans, Shankland, Morris, Standerfer Nays: Potter, Stacy Approved: 5 -2 Agenda Item 7B. Ordinance No. 831, 2nd Reading, Tax Levy Ordinance. City Manager Billy Campbell introduced this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: 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, 2002 AND ENDING SEPTEMBER 30, 2003, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.462 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, 2002, 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. Public Hearing: Steve Kettering, 1505 Oak Lane, Southlake, Texas. Did not speak but recorded his opposition to a tax rate increase. Rick Horton, 2603 S. Quail Run Court, Southlake, Texas. Spoke against a tax rate increase. Charlie Broadaway. Spoke against a tax rate increase. There were no other comments during the Public Hearing. CITY COUNCIL MEETING MINUTES, SEPTEMBER 17, 2002, PAGE 6 OF 7 • Councilmember Shankland wants a committee formed of three Council members (possibly Stephen, Shankland, and Morris) to review the budget, look at it line by line, and eliminate things that do not need to be there. He wants to see a financial impact study on everything that comes before City Council. To not vote for this increase would be fiscally irresponsible in his opinion. Deputy Mayor Pro Tem Standerfer listed the items which were cut from the budget in order to get to a $0.462 tax rate. He said he would disagree with anyone who says the City hasn't worked hard to reduce the budget. Motion was made to approve Ordinance No. 831, 2 Reading, setting the tax levy rate at $0.462. Motion: Standerfer Second: Stephen Mayor Stacy said the City is in good financial condition right now. We have an excellent fund balance, an excellent bond rating, and all of our bills are paid. Ayes: Stephen, Evans, Shankland, Morris, Standerfer Nays: Potter, Stacy Approved: 5 -2 Agenda Item 12. Meeting Adjourned. There being no further business to discuss, the meeting was adjourned at 8:24 p.m. Submitted By: . 4.t.veyr Deputy City Secretary ay or Rick at,y ATTEST: c uTHL, ush, Acting City Secretary •••,••,,,,,•,.• * ** °,, CITY COUNCIL MEETING MINUTES, SEPTEMBER 17, 2002, PAGE 7 OF 7 rrCeTve ' 111111 CHARLESTON COURT, L.P. cdu 1,1 c, Yee -4-1 , September 9, 2002 To The Members of the Southlake City Council Re: Zoning Case No.: ZA02 -063 Project Name: Charleston Office Court Cornerstone Business Park: Block 3, Lots 4, 5, & 6 Dear Council Member: In accordance with our meeting with our adjacent homeowners which took place during the Planning and Zoning meeting of September 5, 2002, we have agreed with them to move the dumpsters to the northwest corner of Building A in Phase 1 and the northwest corner of Building D in Phase 3 and amend the deed restrictions. I expect to have a copy of this amendment signed by all parties prior to your meeting on September 17th. In addition, I have enclosed an alternative site plan which I believe works better than our site plan that P & Z approved. My partners and I would be willing to proceed with either site plan but believe the alternative site plan will work better due to the fact that it allows for more parking adjacent to the front buildings facing Silicon Drive. This is a unique "A class" office project which we are planning on building which allows for each individual office tenant to have its own separate entrance. We believe that the alternative plan by adding more parking to the front buildings will result in our increased ability to lease these spaces. This plan will result in a slightly greater impervious coverage from 64.8% to 65.3 %. Most of the other properties in the Cornerstone Business Park and the adjacent Dragon Stadium have impervious coverage approaching 80 %. I do not believe this slight increase in our impervious coverage would have an affect on the esthetics of our project or on the area. Our stacking would go from 51 feet per lot to 42 feet for Phase 1 and 32.5 feet for Phases 2 and 3, but the cumulative stacking of all 3 driveways would slightly exceed 100 feet. We would have 209 total parking spaces. The required stacking for 199 parking spaces is 75 feet if we had only one driveway. There is so very little traffic on Silicon Drive during normal business hours that I do not believe our requested stacking variance would have any adverse effect on traffic flowing either north or south. I respectfully request that you approve either our alternative plan or the plan approved by Planning and Zoning. 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