2010-08-17 Regular CC Meeting CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: AUGUST 17, 2010
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 4:30 P.M.
1. Call to order.
2. Invocation: Clayton Reed, Chaplain of the Month
3. Multipurpose Facility Feasibility Study Oversight Committee Workshop
4. Discuss all items on tonight's meeting agenda. No action will be taken and each
item will be considered during the Regular Session.
REGULAR SESSION: 6:30 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, 551.087, 418.183(f), and 418.106(d) (e). 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 attorney
a. Seek advice of the city attorney regarding gas drilling and
production and gas utility companies.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
b. Seek advice from the city attorney on the amortization of
non conforming properties in the city.
c. Discuss the potential amortization of property located at 815
Randol Mill Avenue (also known as 875, 845, 815, 850, 820,
and 800 Enterprise Place, Enterprise Drive or Gifford Court).
City of Southlake values:
Integrity Innovation Accountability Commitment to Excellence Teamwork
City of Southlake
City Council meeting agenda
August 17, 2010
Page 2 of 7
3. Section 551.074: Deliberation regarding personnel matters
a. Deliberation of appointments of city board and commission
members.
4. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
B. City Manager's Report
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:
A. Approve minutes from the July 27, 2010 special City Council meeting; the
August 2, 2010 Joint City Council, Parks and Recreation Board, and
Southlake Parks Development Corporation meeting; the August 3, 2010
regular City Council meeting; and the August 4, 2010 Joint City Council
and Planning and Zoning Commission work session.
B. Approve the 2010 Facilities Utilization Agreement with Dragon Youth
Football Association.
C. Resolution No. 10 -045, Name a successor trustee for the City of
Southlake Insurance Trust.
D. Approve agreement between the City of Southlake and Carroll
Independent School District for www.MvSouthlakeNews.com, a joint -use
digital newsletter website.
E. Approve the contract with McCreary, Veselka, Bragg Allen, P.C. to
provide collection services for the City of Southlake Municipal Court.
F. ZA10 -044, Plat Revision for Lot 1, Block 1, Carroll Senior High School
Addition, being a re -plat of property currently described as Lot 1R, Block
1R, Carroll High School Addition, and being located at 1501 West
City of Southlake values:
Integrity Innovation Accountability Commitment to Excellence Teamwork
City of Southlake
City Council meeting agenda
August 17, 2010
Page 3 of 7
Southlake Boulevard. Current Zoning: S -P -1 Detailed Site Plan District.
SPIN Neighborhood #10.
G. Consider SV10 -016, Variance to the Conditional Sign Permit for the Shops
of Southlake for Mathnasium located at 1251 East Southlake Boulevard,
Suite 305.
H. This item was intentionally left blank.
I. Approve an Interlocal Agreement with Carroll Independent School District
for construction of westbound lanes of Kirkwood Boulevard adjacent to the
new Carroll Middle School located at 1800 East Kirkwood Boulevard and
authorizing city participation in the amount of $126,441.
J. Approve a Commercial Developer Agreement with Gateway Church for
construction of westbound lanes of Kirkwood Boulevard adjacent to the
new Carroll Middle School located at 1800 East Kirkwood Boulevard.
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.)
6. Ordinances, second readings, public hearings, and related items:
A. ZA10 -045, Site Plan for shade structures at Carroll Elementary school on
property being described as Tract 3A, Samuel H. Thompson Survey,
Abstract No. 1504 and being located at 1705 West Continental Boulevard.
Current Zoning: CS Community Service District. SPIN Neighborhood #10.
PUBLIC HEARING
B. Resolution No. 10 -046, (ZA10 -030), Specific Use Permit for Spanish
Garden School being a request to allow a children's nursery, child day
care center and kindergarten on property being described as Lot 1R1,
Block 1, Lonesome Dove Baptist Church Addition and being located at
2380 Lonesome Dove Avenue. Current Zoning: CS Community Service
District. SPIN Neighborhood #2. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480 -549b (ZA10 -041), 1 Reading, Zoning Change and
Site Plan for "Tower Plaza" (fka "Invitation Park on property being
described as Tracts 3B, 3B01 and a portion of Tract 3D01, Obediah W.
Knight Survey, Abstract No. 899 and being located at 821, 829 and 835
East Southlake Boulevard. Current Zoning: S -P -1 Detailed Site Plan
District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN
City of Southlake values:
Integrity Innovation Accountability Commitment to Excellence Teamwork
City of Southlake
City Council meeting agenda
August 17, 2010
Page 4 of 7
Neighborhood #9. (If approved on first reading, the public hearing will be
held September 7, 2010.)
B. Ordinance No. 480 -598 (ZA10 -039), 1 Reading, Zoning Change and
Concept Plan for Southlake Montessori on property being legally
described as Lot 4, Block 1, Pecan Creek Addition and being located at
731 Zena Rucker Road. Current Zoning: 0-1 Office Zoning District.
Requested Zoning: S -P -2 Generalized Site Plan Zoning District. SPIN
Neighborhood #9. (If approved on first reading, the public hearing will be
held on September 7, 2010.)
C. Ordinance No. 480 -533a (ZA10 -042), 1 Reading, Zoning Change and
Site Plan for School of Rock on property being described as Lot 14, J.G.
Allen No. 18 Addition and being located at 3220 West Southlake
Boulevard. Current Zoning: S -P -1 Detailed Site Plan District. Requested
Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #11. (If
approved on first reading, the public hearing will be held on September 7,
2010.)
D. Ordinance No. 979, 1 Reading, Southlake 2030 West Sector Land Use
Plan. (If approved on first reading, the public hearing will be held on
September 7, 2010.)
8. Resolutions and related items:
A. Resolution No. 10 -014, Approve the terms and conditions of a program to
promote economic development and stimulate business and commercial
activity in the City; authorize the Mayor to execute an agreement with
Hines Southlake Land Limited Partnership, a Texas Limited Partnership,
for such purposes; and provide an effective date.
B. Approve a residential developer's agreement for Carillon, Phase 1A,
residential development located at the northeast corner of North White
Chapel Boulevard and State Highway 114 with Hines Southlake Land,
L.P.
C. Resolution No. 10 -032, Appoint members to the Building Board of
Appeals.
D. Resolution No. 10 -033, Appoint members to the Joint Utilization
Committee.
E. Resolution No. 10 -034, Appoint members to the Library Board.
City of Southlake values:
Integrity Innovation Accountability Commitment to Excellence Teamwork
City of Southlake
City Council meeting agenda
August 17, 2010
Page 5 of 7
F. Resolution No. 10 -037, Appoint members to the Senior Advisory
Committee.
G. Resolution No. 10 -038, Appoint members to the Southlake Arts Council.
H. Resolution No. 10 -039, Appoint members to the Southlake Business
Council.
I. Resolution No. 10 -040, Appoint members to the Southlake Parks
Development Corporation.
J. Resolution No. 10 -041, Appoint representatives to the Standing
Committee of the Southlake Program for the Involvement of
Neighborhoods (SPIN).
K. Resolution No. 10 -047, Appoint a member to the Zoning Board of
Adjustment and appoint a Chairman and Vice Chairman.
9. Other items for consideration:
A. Consider SV10 -012, Variance to Sign Ordinance No. 704, as amended,
for All -Star Orthopaedics and Therapy Located at 910 East Southlake
Boulevard, Suite 155.
10. Other items for discussion:
A. Discuss recommended Sign Ordinance revisions (electronic and manual
readerboard).
B. Discuss FY2011 proposed budget overview.
11. 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, August 13, 2010, by 6:00 p.m.,
purl ant to he Texas Government Code, Chapter 551.
Lori Payne, T MC V' i
o7, k''N
City Secretary m o d co
If you plan to attend this pu m 'eetipiki n d have a disability that requires special needs, please
advise the City Secretary's LQ *48 h6urs in advance at 817 748 -8016 and reasonable
dt
accommodations will be made to assist'you.
City of Southlake values:
Integrity Innovation Accountability Commitment to Excellence Teamwork
City of Southlake
City Council meeting agenda
August 17, 2010
Page6of7
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 advice 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. Jayson Steele vs. City of Southlake. August 2008.
2. Pending Public Information Act requests.
3. Texas Attorney General litigation defending the constitutionality of the Texas
Open Meetings Act.
4. Legal issues regarding the Barnett Shale gas extraction and transportation.
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 or donation
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, Municipal Judge 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 values:
Integrity Innovation Accountability Commitment to Excellence Teamwork
City of Southlake
City Council meeting agenda
August 17, 2010
Page 7 of 7
Section 418.183(f): Texas Disaster Act
The City Council may deliberate information: 1) for purposes of preventing,
investigating, or responding to an act of terrorism or related criminal activity and
involving emergency response providers, their staffing, contact information and tactical
plans; 2) that relates to the risk or vulnerability of persons or property, including
infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive
weapon, the location of a material that may be used in a chemical, biological or
radioactive weapon, or unpublished information pertaining to vaccines or devices to
detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism related
report to an agency of the United States; 6) that relates to technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information
regarding security measures or security systems intended to protect public and private
property from an act of terrorism. The Texas Disaster Act specifically requires that a
tape recording of the closed meeting be made.
Section 418.106(d) (e): Local meetings to discuss emergency management plans
regarding pipeline safety
The City Council may discuss emergency management plans involving pipeline safety
and /or security of pipeline infrastructures or facilities when those plans or discussions
contain such sensitive information.
City of Southlake values:
Integrity Innovation Accountability Commitment to Excellence Teamwork
C E
S O E OFFICIAL ECOD
SOJJ THLAKE XA
REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 17, 2010
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Deputy Mayor Pro Tem Brandon
Bledsoe, and Councilmembers Carolyn Morris, Pamela A. Muller, Jeff Wang and Al Zito.
CITY COUNCIL ABSENT: Mayor Pro Tem Laura K. Hill.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of
Community Services Chris Tribble, Deputy Director of Community Services Kerry
McGeath, Recreation Superintendent Steve Moore, Assistant to the Director Candice
Sanders, Director of Economic Development Greg Last, Director of Finance Sharen
Jackson, Assistant Director of Finance Sean Leonard, Director of Human Resources
Stacey Black, Director of Information Technology Dale Dean, Information Technology
Technician Eric Lusk, Director of Planning and Development Services Ken Baker,
Planner II Clayton Comstock, Planner II Richard Schell, Chief of Fire Services Mike
Starr, Chief of Police Services Robert Finn, Deputy Director of Public Works Gordon
Mayer, Operations Manager Chuck Kendrick, Civil Engineer Steve Anderson, Civil
Engineer Michelle McCullough, City Attorney Tim Sralla, and City Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The Work Session was called to order by Mayor
Terrell at 4:38 p.m.
Agenda Item No. 2. Invocation. Clayton Reed gave the invocation. Mayor Terrell led the
pledge of allegiance. Councilmember Morris thanked Pastor Reed and Southlake
Baptist Church for organizing the August 28, 2010 clean up at Bob Jones Nature Center
through a newly- organized group known as S.W.A.T. (Southlake Working As a Team).
Agenda Item No. 3. Multipurpose Facility Feasibility Study Oversight Committee
Workshop. Director Tribble introduced this item. Steve Blackburn and Ken Berendt of
Barker Rinker Seacat Architecture presented the proposed plans for the existing
Gateway Church site and a potential green field site and answered Council's questions.
Council discussed the proposed plans and other options and asked questions of staff
and the presenters.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 1 of 15
Agenda Item No. 4. Discuss all items on tonight's meeting agenda. No action was taken
during the Work Session and each item was considered during the Regular Session.
Council reviewed the items on the Consent Agenda.
REGULAR SESSION:
Agenda Item No. 1. CaII to order. The Regular Session of the City Council was called to
order by Mayor Terrell at 6:37 p.m.
Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would
be going into Executive Session pursuant to the Texas Government Code, Section
551.071, consultation with attorney; Section 551.072, deliberation regarding real
property; Section 551.074 deliberation regarding personnel matters; and Section
551.087, deliberation regarding economic development negotiations. City Council
adjourned for Executive Session at 6:37 p.m. Executive Session began at 6:55 p.m. and
ended at 7:20 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:35
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetinqs and events.
Mayor Terrell announced upcoming meetings and events.
Agenda Item No. 3B. City Manager's Report. A report was not given.
CONSENT AGENDA: Consent Agenda items are considered to be routine by the City
Council and are enacted with one motion. The Mayor read the Consent Agenda items.
Agenda Item No. 4A. Approve minutes from the July 27, 2010 special City Council
meeting; the August 2, 2010 Joint City Council, Parks and Recreation Board, and
Southlake Parks Development Corporation meeting; the August 3, 2010 regular City
Council meeting; and the August 4, 2010 Joint City Council and Planning and Zoning
Commission work session. The minutes were approved as presented.
Agenda Item No. 4B. Approve the 2010 Facilities Utilization Agreement with Dragon
Youth Football Association. Director Tribble answered questions on this item during the
Work Session.
Agenda Item No. 4C. Resolution No. 10 -045, Name a successor trustee for the City of
Southlake Insurance Trust. A presentation was not made on this item.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 2 of 15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
NAMING A SUCCESSOR TRUSTEE FOR THE CITY OF SOUTHLAKE INSURANCE
TRUST.
Agenda Item No. 4D. Approve agreement between the City of Southlake and Carroll
Independent School District for www.MySouthlakeNews.com, a joint -use digital
newsletter website. A presentation was not made on this item.
Agenda Item No. 4E. Approve the contract with McCreary, Veselka, Bragg & Allen, P.C.
to provide collection services for the City of Southlake Municipal Court. A presentation
was not made on this item.
Agenda Item No. 4F. ZA10 -044, Plat Revision for Lot 1, Block 1, Carroll Senior High
School Addition, being a re -plat of property currently described as Lot 1R, Block 1R,
Carroll High School Addition, and being located at 1501 West Southlake Boulevard.
Current Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #10. A
presentation was not made on this item.
Agenda Item No. 4G. Consider SV10 -016, Variance to the Conditional Sign Permit for
the Shops of Southlake for Mathnasium located at 1251 East Southlake Boulevard,
Suite 305. A presentation was not made on this item.
Agenda Item No. 4H. This item was intentionally left blank.
Agenda Item No. 41. Approve an Interlocal Agreement with Carroll Independent School
District for construction of westbound lanes of Kirkwood Boulevard adjacent to the new
Carroll Middle School located at 1800 East Kirkwood Boulevard and authorizing city
participation in the amount of $126,441. Deputy Director Mayer answered questions on
this item during the work session.
Agenda Item No. 4J. Approve a Commercial Developer Agreement with Gateway
Church for construction of westbound lanes of Kirkwood Boulevard adjacent to the new
Carroll Middle School located at 1800 East Kirkwood Boulevard. Deputy Director Mayer
answered questions on this item during the work session.
City Council added agenda items 8A and 8B to the Consent Agenda for approval.
Agenda Item No. 8A. Resolution No. 10 -014, Approve the terms and conditions of a
program to promote economic development and stimulate business and commercial
activity in the City; authorize the Mayor to execute an agreement with Hines Southlake
Land Limited Partnership, a Texas Limited Partnership, for such purposes; and provide
an effective date. A presentation was not made on this item.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 3 of 15
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE TERMS
AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT
AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY;
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HINES
SOUTHLAKE LAND LIMITED PARTNERSHIP, A TEXAS LIMITED PARTNERSHIP,
FOR SUCH PURPOSES; AND PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 8B. Approve a residential developer's agreement for Carillon, Phase
1A, residential development located at the northeast corner of North White Chapel
Boulevard and State Highway 114 with Hines Southlake Land, L.P. A presentation was
not made on this item.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; 41; 4J;
8A directing staff to revise the agreement to include acceptance of 46.48 acres of park
land including the associated reductions in area dedications for each park and to
include a new obligation for Hines to maintain all medians on Kirkwood Boulevard; and
8B.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum. No one
spoke. Mayor Terrell closed the public forum.
Agenda Item No. 6A. ZA10 -045, Site Plan for shade structures at Carroll Elementary
school on property being described as Tract 3A, Samuel H. Thompson Survey, Abstract
No. 1504 and being located at 1705 West Continental Boulevard. Current Zoning: CS
Community Service District. SPIN Neighborhood #10. Planner Schell presented this
item to Council. Applicant Kay Gaskill, 1700 Elks Lane, Southlake, Texas with the PTO
at Carroll Elementary School answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA10 -045, Site Plan for shade structures at Carroll
Elementary School.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 4 of 15
•
Agenda Item No. 6B. Resolution No. 10 -046, (ZA10 -030), Specific Use Permit for
Spanish Garden School being a request to allow a children's nursery, child day care
center and kindergarten on property being described as Lot 1R1, Block 1, Lonesome
Dove Baptist Church Addition and being located at 2380 Lonesome Dove Avenue.
Current Zoning: CS Community Service District. SPIN Neighborhood #2. Planner Schell
presented this item and answered Council's questions. Applicant Maryanne Ruiez, 2380
Lonesome Dove Avenue, Southlake, Texas introduced this item to Council and
answered questions.
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 TO ALLOW A CHILDREN'S NURSERY, CHILD
DAY CARE CENTER AND KINDERGARTEN ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, LOCATED AT 2380 LONESOME DOVE AVENUE, BEING
LEGALLY DESCRIBED AS LOT 1R1, BLOCK 1, LONESOME DOVE BAPTIST
CHURCH ADDITION, 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.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 10 -046, (ZA10 -030), Specific Use Permit
for Spanish Garden School.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
Agenda Item No. 7A. Ordinance No. 480 -549b (ZA10 -041), 1 Reading, Zoning Change
and Site Plan for "Tower Plaza" (fka "Invitation Park ") on property being described as
Tracts 3B, 3B01 and a portion of Tract 3D01, Obediah W. Knight Survey, Abstract No.
899 and being located at 821, 829 and 835 East Southlake Boulevard. Current Zoning:
S -P -1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District.
SPIN Neighborhood #9. Planner Comstock presented this item and answered Council's
questions. Applicant Curtis Young, 1130 North Carroll Avenue, Southlake, Texas made
a presentation and answered Council's questions.
Mayor Terrell allowed the public to speak.
Ann Davis, 308 Foxborough, Southlake, Texas spoke in opposition to this item.
Tom Matthews represented adjacent property owner, Zena Rucker, and commented on
the proposed plan.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 5 of 15
City Attorney Sralla commented on Council's authority pertaining to the funding
comments made earlier.
Mayor Terrell announced City Council would be going into Executive Session pursuant
to the Texas Government Code, Section 551.071, consultation with attorney. City
Council adjourned for Executive Session at 8:53 p.m. Executive Session began at 8:55
p.m. and ended at 9:12 p.m.
Mayor Terrell reconvened the meeting at 9:19 p.m.
City Attorney Sralla commented on Council's discretion in consideration of zoning
matters.
Council continued their discussion of this request.
Motion was made to approve Ordinance No. 480 -549b (ZA10 -041), 1 Reading, Zoning
Change and Site Plan for "Tower Plaza" (fka "Invitation Park ") approving the driveway
stacking variances for Driveways `A,' `B,' and `C'; noting the applicant will complete the
driveway on the west side of the property to the south of Building 3 for access to the
adjacent parcel; noting there will not be a heliport related to the project for the hospital
facility otherwise known as Building 2; as soon as the access to F.M. 1709 is relocated
further to the east, the applicant will replace the landscaping similar to what will be in
place in front of Buildings 1 and 3; before a Certificate of Occupancy will be issued for
any buildings within the project, the applicant will complete all horizontal improvements
noted on the site plan including but not limited to the linear park with the exception of
specific landscaping areas around Buildings 1 and 3 which will be completed upon
construction of those buildings; stipulating that the use of "TV, radio or recording studio"
will not be a permitted use; requiring that any retail banking establishment not include
any drive - through facility; noting that the dumpster shown to the south of Building 3 will
be relocated similarly as to the dumpster position shown to the south of Building 1;
regarding the developer's responsibility to complete their portion of Zena Rucker Road,
the roadway will be completed in accordance to the City's design standards which may
include a future median; and subject to Site Plan Review Summary No. 4, dated August
10, 2010.
Motion: Bledsoe
Second:
The motion died due to lack of a second.
Motion was made to deny Ordinance No. 480 -549b (ZA10 -041), 1 Reading, Zoning
Change and Site Plan for "Tower Plaza" (fka "Invitation Park ").
Motion: Zito
Second: Morris
Ayes: Morris, Muller, Wang, Zito
Nays: Bledsoe, Terrell
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 6 of 15
Approved: 4 -2 (to deny)
Agenda Item No. 7B. Ordinance No. 480 -598 (ZA10 -039), 1 Reading, Zoning Change
and Concept Plan for Southlake Montessori on property being legally described as Lot
4, Block 1, Pecan Creek Addition and being located at 731 Zena Rucker Road. Current
Zoning: 0-1 Office Zoning District. Requested Zoning: S -P -2 Generalized Site Plan
Zoning District. SPIN Neighborhood #9. Planner Comstock presented this item to
Council. Applicant's representative Skip Blake of Blake Architects, 1202 South White
Chapel Boulevard, Southlake, Texas; owner of Southlake Montessori, Mazhar Zia, 3904
Oak Meadow, Plano, Texas; and property owner Cary Clarke, 1212 Province Lane,
Southlake, Texas answered Council's questions.
Motion was made to approve Ordinance No. 480 -598 (ZA10 -039), 1 Reading, Zoning
Change and Concept Plan for Southlake Montessori approving the variance for
driveway stacking depth; requiring a six -foot wrought iron fence around the detention
pond; requiring an aeration feature or other type of water fountain located in the
detention pond and requiring the applicant to maintain the pond to prevent silt build -up;
noting applicant's willingness to work with Carroll ISD and city staff to relocate the
existing western driveway easement to the Carroll ISD property known as Rockenbaugh
Elementary to shorten that easement and provide access to the school property; noting
Council's expectation that the right two buildings will be combined but that the overall
square footage will not change; not approving any reduction in parking; and subject to
Concept Plan Review Summary No. 3, dated August 9, 2010.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
Agenda Item No. 7C. Ordinance No. 480 -533a (ZA10 -042), 1 Reading, Zoning Change
and Site Plan for School of Rock on property being described as Lot 14, J.G. Allen No.
18 Addition and being located at 3220 West Southlake Boulevard. Current Zoning: S -P-
1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN
Neighborhood #11. Planner Schell presented this item to Council. Applicant Dean
Tarpley, 6921 Delrose Drive, Dallas, Texas and property owner Taran Nandha, 1100
Taylor Street, Southlake, Texas answered Council's questions.
Mayor Terrell allowed the public to speak on this item.
Connor Musch, 235 Chesapeake Lane, Southlake, Texas spoke in opposition.
Fred Rayner, 2807 Tyler Street, Southlake, Texas spoke in opposition.
Michael Mroz, 124 Weston Lane, Southlake, Texas spoke in opposition.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 7 of 15
Mayor Terrell read through comment cards of those that wish to express their opposition
but did not wish to speak:
Niki and Alex Kennedy, 604 Bordeaux Drive, Southlake, Texas;
Annie Ballew, 1107 Longford Circle, Southlake, Texas;
Cory Helms, 985 North Carroll Avenue, Southlake, Texas;
Darren A. Caperna, 985 North Carroll Avenue, Southlake, Texas;
Maddy and Kim Rayner, 2807 Tyler Street, Southlake, Texas; and,
Sonya Torti, 1207 Westmont Drive, Southlake, Texas.
Kim Sahonne, 1734 Tuscan Ridge Circle, Southlake, Texas spoke in opposition.
Nathaniel Johnson, 512 Cumberland Drive, Hurst, Texas, spoke in opposition.
Council continued their discussion of this item.
Motion was made to approve Ordinance No. 480 -533a (ZA10 -042), 1 Reading, Zoning
Change and Site Plan for School of Rock noting the hours of operation to be until 9:00
p.m. at the latest, seven days a week; requiring the applicant's investigation of
compliance with the existing sign ordinance for the monument sign that is existing on
the eastern property boundary and complying with said sign ordinance going forward
and /or removing the sign; restricting the use of the property to the current proposed use
plus "0-1" uses; removing the parking in the front of the building while maintaining
handicapped access standards pursuant to the State requirements; requiring a
landscaping and irrigation plan in the front of the building in accordance with existing
ordinances and showing the proposed future sidewalk along F.M. 1709 and how that
will work with the existing site plan; requiring further clarification and alternatives of
paint, colors and materials specific with the elevations of the building at second reading;
requiring the applicant to comply with noise ordinance and requiring him to work with
the neighbors to reduce any complaints regarding noise; and subject to Site Plan
Review Summary No. 2, dated August 10, 2010.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
Mayor Terrell called for a break at 11:30 p.m. and reconvened the meeting at 11:42
p.m.
Agenda Item No. 7D. Ordinance No. 979, 1 Reading, Southlake 2030 West Sector
Land Use Plan. There was no staff presentation on this item.
Motion was made to approve Ordinance No. 979, 1 Reading, Southlake 2030 West
Sector Land Use Plan.
Motion: Bledsoe
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 8 of 15
Second: Muller
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
Mayor Terrell announced Council would consider the Board and Commission
appointments at the end of the meeting.
Agenda Item No. 9A. Consider SV10 -012, Variance to Sign Ordinance No. 704, as
amended, for All -Star Orthopaedics and Therapy located at 910 East Southlake
Boulevard, Suite 155. Planner Comstock presented this item to Council. Applicant John
Pichler from Identitec answered Council's questions.
Motion was made to approve SV10 -012, Variance to Sign Ordinance No. 704, as
amended, for All -Star Orthopaedics and Therapy noting that the fonts will be the same
as the western building.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
Agenda Item No. 10A. Discuss recommended Sign Ordinance revisions (electronic and
manual readerboard). A presentation was not made on this item. Mayor Terrell stated
that staff has a very good idea of Council's direction on this item and no further
discussion is needed. No action was taken on this item.
Agenda Item No. 10B. Discuss - FY2011 proposed budget overview. Council agreed
that they need to have a dedicated meeting on the budget. No action was taken on this
item.
Mayor Terrell allowed a member of the public to speak and reopened the Public Forum.
John Moore discussed a new Alzheimer's treatment facility that wants to come to
Southlake and stated he would like to meet with City Council members to discuss it
further.
Mayor Terrell closed the public hearing.
Mayor Terrell announced City Council would be going into Executive Session pursuant
to the Texas Government Code, Section 551.074 deliberation regarding personnel
matters. City Council adjourned for Executive Session at 12:09 a.m. Executive Session
began at 12:15 a.m. and ended at 12:37 a.m.
Agenda Item No. 8C. Resolution No. 10 -032, Appoint members to the Building Board of
Appeals. Council appointed David Carpenter to Place 2 with a term ending May 2012;
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 9 of 15
Dustin Andrews to Place 3 with a term ending May 2011; Ken Horne to Place 4 with a
term ending May 2012; Terrance Henderson to Place 5 with a term ending May 2011;
and Wayne Luzius to Place 6 with a term ending May 2012.
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,
APPOINTING MEMBERS TO THE BUILDING BOARD OF APPEALS; PROVIDING
FOR THE TERMS; PROVIDING FOR QUALIFICATIONS OF MEMBERS IN
ACCORDANCE WITH ORDINANCE NO. 622; AND PROVIDING AN EFFECTIVE
DATE.
Motion was made to appoint the following members to the Building Board of Appeals:
David Carpenter to Place 2 with a term ending May 2012; Dustin Andrews to Place 3
with a term ending May 2011; Ken Horne to Place 4 with a term ending May 2012;
Terrance Henderson to Place 5 with a term ending May 2011; and Wayne Luzius to
Place 6 with a term ending May 2012.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
Agenda Item No. 8D. Resolution No. 10 -033, Appoint members to the Joint Utilization
Committee. Council appointed Frances Scharli to Place 4, City Council At -Large
Appointee with a term ending May 2012; Pamela A. Muller to Place 5, City Council
Representative with a term ending May 2011; and Laura K. Hill to Place 6, City Council
Representative with a term ending May 2012.
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,
APPOINTING MEMBERS TO THE JOINT UTILIZATION COMMITTEE; AND
PROVIDING AN EFFECTIVE DATE.
Motion was made to appoint the following members to the Joint Utilization Committee:
Frances Scharli to Place 4, City Council At -Large Appointee with a term ending May
2012; Pamela A. Muller to Place 5, City Council Representative with a term ending May
2011; and Laura K. Hill to Place 6, City Council Representative with a term ending May
2012.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 10 of 15
Approved: 6 -0
Agenda Item No. 8E. Resolution No. 10 -034, Appoint members to the Library Board.
Council appointed Lori Burr to Place 1 with a term ending May 2012; Cheri Ross to
Place 2 with a term ending May 2012; and Brenda Flores to Place 3 with a term ending
May 2012.
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,
PROVIDING FOR THE APPOINTMENT OF MEMBERS TO SERVE ON THE LIBRARY
BOARD AND PROVIDING AN EFFECTIVE DATE.
Motion was made to appoint the following members to the Library Board: Lori Burr to
Place 1 with a term ending May 2012; Cheri Ross to Place 2 with a term ending May
2012; and Brenda Flores to Place 3 with a term ending May 2012.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
Agenda Item No. 8F. Resolution No. 10 -037, Appoint members to the Senior Advisory
Committee. Council appointed Jean Boland to Place 1 with a term ending May 2012;
Patricia Burnett to Place 2 with a term ending May 2012; Charles Boyd to Place 3 with a
term ending May 2012; Nancy Sporn to Place 5 with a term ending May 2012; Richard
McCauley to Place 6 with a term ending May 2012; Jeanette Gossage to Place 8,
Alternate 1 with a term ending May 2011; and Beverly Blake to Place 9, Alternate 2 with
a term ending May 2012.
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,
APPOINTING MEMBERS TO THE SENIOR ADVISORY COMMISSION AND
PROVIDING AN EFFECTIVE DATE.
Motion was made to appoint the following members to the Senior Advisory Committee:
Jean Boland to Place 1 with a term ending May 2012; Patricia Burnett to Place 2 with a
term ending May 2012; Charles Boyd to Place 3 with a term ending May 2012; Nancy
Sporn to Place 5 with a term ending May 2012; Richard McCauley to Place 6 with a
term ending May 2012; Jeanette Gossage to Place 8, Alternate 1 with a term ending
May 2011; and Beverly Blake to Place 9, Alternate 2 with a term ending May 2012.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 11 of 15
Nays: None
Approved: 6 -0
Agenda Item No. 8G. Resolution No. 10 -038, Appoint members to the Southlake Arts
Council. Council appointed Merlene Ingraham to Place 2 with a term ending May 2012;
Terri Messing to Place 4 with a term ending May 2012; Leslie Ann Walker to Place 8,
Alternate 1 with a term ending May 2011; Carol Knox to Place 9, Alternate 2 with a term
ending May 2012.
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,
APPOINTING MEMBERS TO THE SOUTHLAKE ARTS COUNCIL; AND PROVIDING
AN EFFECTIVE DATE.
Motion was made to appoint the following members to the Southlake Arts Council:
Merlene Ingraham to Place 2 with a term ending May 2012; Terri Messing to Place 4
with a term ending May 2012; Leslie Ann Walker to Place 8, Alternate 1 with a term
ending May 2011; and Carol Knox to Place 9, Alternate 2 with a term ending May 2012.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
Agenda Item No. 8H. Resolution No. 10 -039, Appoint members to the Southlake
Business Council. Council appointed Terrance Henderson (Place 1, Bank/Financial),
Frank Bliss (Place 2, Commercial Developer), Chris Schrobilgen (Place 6,
Marketing /Public Relations), Mack Zimmerman (Place 8, Professional Services),
Tommy Pennington (Place 11, Realtor /Residential Developer), Tim Moorehead (Place
13, Retail /Franchise), Santhosh Gandhari (Place 14, Technology /Hi- Tech), Steve Barry
(Place 15, Corporate /National), John Finlayson (Place 18, Restaurant/Local) with terms
to expire in May 2012.
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,
APPOINTING MEMBERS TO THE SOUTHLAKE BUSINESS COUNCIL AND
PROVIDING AN EFFECTIVE DATE.
Motion was made to appoint the following members to the Southlake Business Council:
Terrance Henderson (Place 1, Bank/Financial), Frank Bliss (Place 2, Commercial
Developer), Chris Schrobilgen (Place 6, Marketing /Public Relations), Mack Zimmerman
(Place 8, Professional Services), Tommy Pennington (Place 11, Realtor /Residential
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 12 of 15
•
Developer), Tim Moorehead (Place 13, Retail /Franchise), Santhosh Gandhari (Place
14, Technology /Hi- Tech), Steve Barry (Place 15, Corporate /National), and John
Finlayson (Place 18, Restaurant/Local) with terms to expire in May 2012.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Wang, Zito, Terrell
Nays: None
Approved: 6 -0
Agenda Item No. 81. Resolution No. 10 -040, Appoint members to the Southlake Parks
Development Corporation. Council appointed Al Zito as City Council Representative
with a term ending May 2012; Pamela A. Muller as City Council Representative with a
term ending May 2012; John Slocum as Parks Board Representative with a term ending
May 2012; and Jeff Wang as City Council Representative with a term ending May 2011.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS
TO THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION; AND PROVIDING
AN EFFECTIVE DATE.
Motion was made to appoint the following members to the Southlake Parks
Development Corporation: Al Zito as City Council Representative with a term ending
May 2012; Pamela A. Muller as City Council Representative with a term ending May
2012; John Slocum as Parks Board Representative with a term ending May 2012; and
Jeff Wang as City Council Representative with a term ending May 2011.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Wang, Zito, Terrell
Nays: None
Approved: 6 -0
Agenda Item No. 8J. Resolution No. 10 -041, Appoint representatives to the Standing
Committee of the Southlake Program for the Involvement of Neighborhoods (SPIN).
Council appointed David Alexander to SPIN #2 with a term ending May 2012; Lou
Hillman to SPIN #4 with a term ending May 2012; Mike Terry to SPIN #6 with a term
ending May 2012; Pattie Minder to SPIN #8 with a term ending May 2012; Ron Evans to
SPIN #10 with a term ending May 2012; David Baltimore as the Senior Representative
with a term ending May 2012; Carey Benson to SPIN #1 Alternate position with a term
ending May 2011; and Michael Forman to SPIN #10 Alternate position with a term
ending May 2012.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 13 of 15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
PROVIDING FOR THE APPOINTMENT OF REPRESENTATIVES TO THE STANDING
COMMITTEE OF THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF
NEIGHBORHOODS (SPIN); AND PROVIDING AN EFFECTIVE DATE.
Motion was made to appoint the following members to the Standing Committee of the
Southlake Program for the Involvement of Neighborhoods: David Alexander to SPIN #2
with a term ending May 2012; Lou Hillman to SPIN #4 with a term ending May 2012;
Mike Terry to SPIN #6 with a term ending May 2012; Pattie Minder to SPIN #8 with a
term ending May 2012; Ron Evans to SPIN #10 with a term ending May 2012; David
Baltimore as the Senior Representative with a term ending May 2012; Carey Benson to
SPIN #1 Alternate position with a term ending May 2011; and Michael Forman to SPIN
#10 Alternate position with a term ending May 2012.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Wang, Zito, Terrell
Nays: None
Approved: 6 -0
Agenda Item No. 8K. Resolution No. 10 -047, Appoint a member to the Zoning Board of
Adjustment and appoint a Chairman and Vice - Chairman. Council appointed Lisa Amend
to Place 6, Alternate 1 with a term ending May 2011 and Shawn McCaskill to Place 8,
Alternate 3 with a term ending May 2011. City Council also named D. Todd Parrish as
Chairman and Laird Fairchild as Vice - Chairman.
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,
APPOINTING A MEMBER TO FILL UNEXPIRED POSITION ON THE ZONING BOARD
OF ADJUSTMENT; NAMING A CHAIRMAN AND A VICE - CHAIRMAN; AND
PROVIDING AN EFFECTIVE DATE.
Motion was made to appoint the following members to the Zoning Board of Adjustment:
Lisa Amend to Place 6, Alternate 1 with a term ending May 2011 and Shawn McCaskill
to Place 8, Alternate 3 with a term ending May 2011 and also naming D. Todd Parrish
as Chairman and Laird Fairchild as Vice - Chairman.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Wang, Zito, Terrell
Nays: None
Approved: 6 -0
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 14 of 15
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 12:37
a.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
a— dig te
11 612......
John Terre
Mayor
ATTEST:
�p s
I Y • • A 4
o + A '
• C
Lori Payne ° v ^ �� � '' r.
City Secretary s • ••`
• ®....•0• ,�
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2010
Page 15 of 15
lecewUeJ-
I„ Davi s a- --fit' g-( 2-1 o
p THE DAILY NEWSPAPER OF PUBLIC FINANCE exkl-r C-Lulict Pi"
Debt Service Fund Vanishes in Texas
Wednesday, August 11, 2010
By Richard Williamson
DALLAS Bondholders are trying to find out what happened to a $200,000 debt service reserve fund
discovered missing when a north Texas issuer defaulted on $4 million of bonds used to purchase three
retirement facilities.
The underwriter on the 2008 deal, J.P. Turner ft Co., claims that the Bank of Texas, which was the trustee,
breached its fiduciary duty by failing to set up the debt service reserve fund for the Tarrant County Cultural
Education Facilities Finance Corp.'s 2008B subordinate -lien bonds. The bank denied it was at fault through its
parent company, BOK Financial Corp. Bank of Oklahoma.
"Bank of Texas does not have the funds in question," said Jesse Boudiette, spokeswoman for BOK. "The bank
handled the funds as directed by the issuer and underwriter and their respective counsel who, thus far, have
declined to assume their respective responsibilities in the matter."
Philadelphia -based J.P. Turner has written letters to the U.S. comptroller of the currency and others in an
attempt to resolve the issue.
"Investors relied on this reserve fund as a condition of their willingness to purchase the bonds," James Friar,
J.P. Turner vice president for public finance, wrote in the April 22 letter. "The failure by the trustee to
establish the DSRF is a material fact of which investors are now very aware of and very upset about."
One bondholder, Bernard Miskiv of Kissimmee, Fla., described the missing reserve fund as "stolen." He said
the problem came to his attention when the borrower failed to make a scheduled $8,000 interest payment in
September 2009 on his $200,000 of bonds.
Miskiv began contacting state and federal investigators in Texas and Oklahoma, including the attorneys general
for the two states, the Securities and Exchange Commission, the Internal Revenue Service, and the comptroller
of the currency. He has spent months writing letters and making phone calls.
So far, Miskiv said, the attorneys general and state bank regulators have told him they do not regulate the
Bank of Texas because it is federally chartered. And none of the federal agencies has acknowledged that the
matter is under investigation.
"As far as I'm concerned, it's a stolen $200,000," Miskiv said. "The bank made a mistake. The bank has to get
the money back."
The unrated Series B bonds were issued along with $23.9 million of Series A bonds with triple -A ratings insured
by the U.S. Housing and Urban Development Department. The most recent default on Series B came in
February with a missed interest payment. Trading at less than 35 cents on the dollar, the bonds bearing an 8%
coupon maturing in 2028 had yields of 23.791
The borrower, WGH Heritage Inc., said revenues fell short because of changes in Texas policy for Medicare
payments that reduced headcounts at the three assisted living facilities. Doug Sweeney, president of the
nonprofit WGH Heritage in Fort Worth, said that Bank of Texas received the money at closing on the unrated
bonds and forwarded it to mortgage lender Capmark Finance Inc., which is no longer in business.
"I brought this to everyone's attention in March of '09, and so far nothing's been done," Sweeney said.
The funds were forwarded from the Bank of Texas to the title company, but there wasn't enough left over
afterward to establish the reserve fund, according to a Feb. 14 e-mail that Miskiv received from Frederick
Dorwart, general counsel for the Bank of Texas.
"The reserve funds may have funded the March 2009 payment on the Series B bonds leaving only
approximately $60,000 available for payment of the September 2009 interest payment," Dorwart's e-mail said.
"To the extent that Bank of Texas is responsible for your failure to receive interest on your bonds Bank of
Texas will honor that responsibility. It is not at all clear at this point of the extent of that responsibility, if
any, but our investigation is continuing."
In a reply to Dorwart, underwriter's counsel Jorge Albala of Kutak Rock disputed that there were any
instructions to forward money from the reserve fund to the tender.
"At the closing in August 2008, I was unaware of any such instruction and personally would have objected to
funds designated for use as a reserve for the B bonds to have been transferred to the loan servicer," Albala
wrote.
In an Aug. 4 letter to Friar, attorney C. Harold Brown, who was issuer's counsel at Brown Pruitt Peterson it
Wambsganss PC, said: "We are aware of the controversy and are of the opinion that the issues need to be
resolved by the trustee and the underwriter. Resolving those issues are not our responsibility."
Copy of Letter
2010 The Bond Buyer and SourceMedia Inc., All rights reserved. Use, duplication, or sale of this service, or data contained
herein, except as described in the subscription agreement, is strictly prohibited. Trademarks page.
Client Services 1- 800 221 -1809, 8:30am 5:30pm, ET
For information regarding Reprint Services please visit: http: /license.icopyright. net /3.7745 ?icx_id= 20090817FNNRUTWS
Mayor Terrell
I appreciate the opportunity that Marco I had to meet with you the other day regarding
our Southlake project. As per your request, please find below a summary of the bond
program which we will be using to fund the project.
1) Description of Bonds. The bonds are municipal revenue bonds issued by the
county (as described below) and following a lengthy application qualification
process, must be approved by a majority of the County Commissioners of Tarrant
County. While they are specifically designed for use in Tarrant County, they can
be used in other counties pending approval of BOTH counties.
2) Restrictions placed on bonds. These bonds are fully approved and are issued by
Tarrant County under the Tarrant County Cultural Arts Corp for the funding of
approved medical and cultural arts projects.
3) T pes of Obligors. Technically, the bonds can be issued to either "for profit" or
"not for profit" companies. In today's challenging credit markets, "for profit"
companies find a more strenuous and risky issuing environment; thus, the "not for
profit" structure is able to offer a better return to the bondholders while receiving
more favorable terms from the investors. Based on this current market
information, our underwriter and bond counsel strongly suggested the "not for
profit" approach as the best option for both the project and for the City of
Southlake.
4) Structure of Bonds. The bonds for which this project has been approved are tax
exempt municipal revenue bonds. They are not a specific obligation of the
municipality, rather the operating company or "obligor" (specifically Visions
Lifestyle of Southlake, Inc.)
5) Tax Exempt vs. Non Tax Exempt. Not all bonds issued through this program are
"tax exempt. For the bond holders to receive their interest stream without a tax
obligation on that income stream, the underlying collateral must qualify as a
"Type A" property (as opposed to "Type B As per IRS guidelines, medical
properties that typically qualify for "Type A" bonds are hospitals, senior living
facilities, research facilities (schools), etc. Properties such as small clinics,
doctors' offices, etc. generally qualify for "Type B" (taxable to the bond holders).
A single project can consist of a hybrid of these types. The counsel that we have
receives confirms that Phase I of our project qualifies as a "Type A" project under
those IRS guidelines.
6) Tax Exempt Explanation. The "tax exempt" nature of the bonds as approved
applies only to income tax normally owed by the bond holders to the IRS on the
income stream generated by the bonds. Any normal and customary property
taxes due the applicable taxing authorities remain in place.
7) Why did we choose the bond structure? Two primary reasons. In today's
challenging financing environment, the bond structure offers much greater terms
and likelihood of success than more conventional financing. Secondly, given the
nature of the financial requirements of our tenants, particularly the UTA School
of Nursing, the margins were so tight that it required a bond financing scenario to
secure the school of nursing.
8) How were we able to obtain bond approval? We began the arduous process of
applying for the bond, finally qualified and took advantage of the opportunity.
I trust this is adequate for your needs. Again, we appreciate your willingness to meet
with us regarding this and look forward to working together on this. Please don't hesitate
to let me know should you have any questions or need anything else.
Thank you
Boyd Burton
817.721.7146
X
4
v s
J
t u'.
4
i
9
I
ii tf..
li
1
w -r r
1
..t.„,.,,:_..,:;,„:.
g iii
I
r p
7t
r
I [d
ti p,
1 i;', 7.,? i
1
111
I
P R-
7
r:
.w.�
4 o
OM
\y
t
.:a
\y
s, t
ii,,,,
r,
ist r
1
i
A
j
i 11
f
1
a
c
a