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2003-04-15 City of Southlake CITY COUNCIL MEETING MINUTES April 15, 2003 CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Greg Standerfer. Councilmembers: Carolyn Morris, Keith Shankland, and Tom Stephen. CITY COUNCIL ABSENT: Rex Potter. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Planning Director Bruce Payne, Senior Planner Dennis Killough, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Public Works Director Valerie Bradley, Finance Director Sharen Elam, Economic Development Director Greg Last, Economic Development Specialist Betsy Boyett, Director of Public Safety Rick Black, Director of Community Services Malcolm Jackson, Director of Human Resources Kevin Hugman, Manager of Technical Services Gary Gregg, Secretary to the City Manager Kim Bush, Deputy City Secretary Tara Brooks, Office Assistant Jason Kinney, City Attorney Bryn Meredith, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Stacy at 5:36 p.m. City Council reviewed the agenda items with city staff and applicants. Council added Items 8a to table, 8b, 8c, and 10a to the consent agenda. REGULAR SESSION: Agenda Item No. 1, Call to order: The regular session was called to order by Mayor Stacy at 5:52 p.m. A 30- second message to parents from the Drug and Alcohol Awareness Committee was presented. 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 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding personnel matters; Section 551.076, deliberation regarding security devices; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:52 p.m. Executive Session began at 6:01 p.m. and ended at 6:32 p.m. Agenda Item No. 2B, Reconvene: The Mayor reconvened the regular meeting at 6:52 p.m. Agenda Item No. 3: The invocation was presented by Matt Turner, Southlake Harbor Church. Agenda Item No. 4, Reports: A. Mayor's Report: Mayor Stacy announced upcoming meetings and events. He presented proclamations for Child Abuse Prevention Month to Dortha Tilley; National CITY COUNCIL MEETING MINUTES, APRIL 15, 2003, PAGE 1 OF 12 Telecommunicator's Week to Director of Public Safety Rick Black and the communications staff; and Administrative Professional's Week to Secretary to the City Manager Kim Bush and Deputy City Secretary Tara Brooks. B. City Manager's Report: City Manager Billy Campbell informed the Council that the Texas Commission on Environmental Quality awarded a Certificate of Excellence to the City of Southlake and the Water Department. He stated that the City received no violations and that he is extremely proud of this recognition. The City Manager asked the Mayor and staff to gather around the podium where Mayor Pro Tem Ralph Evans presented the Mayor with a plaque in recognition of his service as Mayor. The City Manager presented a plaque to the Mayor thanking him for his support of staff during his tenure as Mayor. Director of Public Works Pedram Farahnak presented the Mayor with a toy dump truck, and Director of Public Safety Rick Black presented the Mayor with a flashing light. The City Council took a break at 7:08 p.m. to have cake with the Mayor and reconvened the meeting at 7:20 p.m. Consent Agenda: 5A. Approval of the minutes of the City Council regular meeting held on April 1, 2003. Approved as presented. 5B. Resolution No. 03 -023, Adoption of Interim Status Pay Policy. From time to time, vacancies occur in certain critical positions which necessitate that we elevate an employee, to perform the duties of a higher position on an interim basis for operational continuity. Examples include interim department directors and deputy directors, an interim police sergeant to fill in for an employee recalled to active military duty, etc. However, we have not provided additional compensation to those employees asked to take on significantly greater duties and responsibilities. In addition, there are state law requirements that provide for additional compensation to police and fire personnel when performing the duties of a higher classification. This policy is intended to provide a standard approach for assignment and additional compensation to those employees placed in interim positions. The budget impact of this policy should be minor since most interim fills will probably be due to vacancies or absences without pay. 5C. Approval of a variance to the Subdivision Ordinance No. 483, Section 8.O1A, as amended, requiring all lots to front on a "street" as it pertains to Case ZA03 -016, Proposed Lot 1, I. G. Belcher No. 30 Addition (4700 N. White Chapel). Case ZA03 -016, is a proposed single lot plat showing located at the far north end of N. White Chapel (4700 N. White Chapel), abutting Grapevine Lake Corp of Engineers Property. It is a 3.772 acres existing tract, zoned SF -1A, having access to a public road through a private access easement only. Because the subdivision ordinance requires that all lots have frontage on a public or private street built to City street standards, the applicant must receive approval of a variance prior to filing their plat and commencing construction on their residence. The applicant is aware of the public safety requirements for residential fire protection and emergency access and has indicated they will comply with those requirements. 5D. Revision of the Southlake Public Library's Borrower Privileges and Responsibilities Policy to establish requirements to obtain a Carroll Independent School District employee (free) library card. Representatives from the Library Board, Friends of the Southlake Library CITY COUNCIL MEETING MINUTES, APRIL 15, 2003, PAGE 2 OF 12 (FOSL), and city staff met with the CISD Librarians on February 10, 2003, in order to discuss how we could all work together to enhance education in the community. In the discussion the school librarians identified the lack of access to library cards to the Southlake Public Library as a barrier to increased coordination between the schools and the library. The Library Board had considered establishing a category of card holders for CISD employees, similar to that for City employees, however, the reason for not establishing this category in the past was the collection size at the time, and how CISD employees would impact the materials available for residents. With increased focus on the development of the baseline library collection in the past six months, the collection size is currently 34,000 materials on the shelves. In order for the evaluation of potential impact of revising the policy, staff has provided scenarios (based on stated assumptions) in order to consider the policy and financial impact of this policy revision. The Library Board approved a recommendation of the revision of this policy to the City Council at their March 26, 2003 meeting. In consideration of this recommendation, Board members expressed that this revision would be a good first step towards greater outreach to the CISD and the increased partnership between the library and the schools. 5E. Authorize the Mayor to execute a professional services agreement with Cheatham and Associates for design of paving and drainage improvements on South Kimball Avenue from FM 1709 to Heritage Park, East Continental Boulevard and S -7 sanitary sewer lines. The 2002/2003 Capital Improvements Program (CIP) provided funds for the design and construction of the ultimate section (four -lane divided arterial) of S. Kimball Avenue from FM 1709 to Heritage Park. The project also includes the completion of E. Continental Boulevard from Crooked Lane to S. Kimball Avenue and the S -7 sewer line along S. Kimball Avenue from E. Continental Boulevard to 1800' north of Crooked Lane. Previously, the north half of S. Kimball Avenue from E. Continental Boulevard to Heritage Park, the north half of E. Continental Boulevard from Crooked Lane to S. Kimball Avenue, and the west half of S. Kimball Avenue from FM 1709 to Crooked Lane have been constructed. The City staff has negotiated a professional services agreement with Cheatham and Associates to perform the design and preparation of construction plans and specifications for the construction of the ultimate section of S. Kimball Avenue from FM 1709 to Heritage Park, the ultimate section of E. Continental Boulevard from Crooked Lane to S. Kimball Avenue and the S -7 sanitary sewer line from E. Continental Boulevard to 1800' north of Crooked Lane. The total negotiated professional services fee is $200,900 and is funded in the FY 02/03 CIP. 8A. Ordinance No. 480 -TT, 1s Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the Planned Unit Development District f PUD). Tabled on consent. Council agreed to have a work session to discuss this item before it comes back to Council for consideration. 8B. ZA02 -081, Plat Revision, Lots 23 & 24, Block 2, Timarron Addition, Huntly Manor Phase 1B being a revision of Lot 12R1, Block 2, Timarron Addition, Huntly Manor Phase 1B, being approximately 2.33 acres. Located at 1201 Kirkaldy Court, this property was originally platted in this two lot configuration. The previous owner had amended the plat putting this into a single lot for a larger home. The plans for that home did not go through and the new homebuilder would like to return this property to its original lot configuration. The Planning and Zoning Commission recommended approval subject to the staff review. CITY COUNCIL MEETING MINUTES, APRIL 15, 2003, PAGE 3 OF 12 8C. ZA03 -004, Plat Revision, Lots 1R, 2R, 3R, 4R, & 5R, Block 1, Gateway Plaza, Phase II being a revision of Lot 1, Block 1, Gateway Plaza, Phase II, and Tract 1B1, WE Mayfield Addition; being approximately 5.13. This is the plat associated with the Gateway Plaza, Phase Two, Site Plan approved at the last meeting. This plat places each building on its own lot and includes a previously unplatted one acre tract to the west. The Planning and Zoning Commission recommended approval subject to the staff review. 10A. Approval of a request from the Liberty Garden Committee for the temporary placement of artwork in Rustin Park at Town Square to coincide with Art In The Square and for approval of up to $800 from Public Art Fund for temporary foundations and recognition signs. An opportunity has arisen for the Liberty Garden Committee, the group promoting the construction of the entry garden spot in Bicentennial Park, to purchase the statues for that garden and have them placed on a temporary basis in the public area of the Town Hall parks to coincide with Art in the Square (April 25 — 27). This would provide a good promotional opportunity for both the Liberty Garden Committee and the Public Art Advisory Committee. Signs or plaques are planned for the foundation bases recognizing both committees. The request specifically involves Council approval of (1) temporary public art placement on public property and (2) limited funding in an amount not to exceed $800 to assist with the construction of the foundations for the statues. The foundations will be pre -cast at another location and not permanently installed on the sidewalk. The statues are requested to remain on the premises and promote the PAAC and Liberty Garden effort no later than September 1, 2003, at which time or before they will be permanently located at the Liberty Garden site. Motion was made to approve consent agenda items 5A; 5B; 5C; 5D; 5E; 8A to table; 8B subject to Revised Plat Review Summary No. 3, dated April 11, 2003; 8C subject to Plat Review Summary No. 2, dated March 28, 2003; and 10A. Motion: Standerfer Second: Shankland Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Stacy Nays: None Approved: 6 -0 REGULAR AGENDA Agenda Item 6. Public Forum. No one spoke. The staff presentations, Council discussions, public hearings, and motions for Agenda Items 7A and 7B were addressed jointly. Agenda Item No. 7A. Ordinance No. 480 -294a, 2nd Reading (ZA02 -124) Rezoning and Concept Plan for Harris Methodist Southlake. Senior Planner Dennis Killough presented this item to the Council. This property is located on the south side of East Southlake Boulevard, approximately 1,500' east of Carroll Avenue. The proposed S -P -2 Generalized Site Plan District zoning includes all 0-1 Office District Uses and ambulatory surgery, imaging center, short stay beds and associated services, medical - related retail (such as pharmacy and durable medical goods) and allows up to 43 covered parking spaces as shown on the concept plan (east side of building). The zoning will follow the 0-1 Office District Regulations except for impervious coverage which is limited to a maximum of 66 %. The maximum 0-1 impervious coverage is 65 %. The northern CITY COUNCIL MEETING MINUTES, APRIL 15, 2003, PAGE 4 OF 12 portion of the building is two stories and the southern portion is one story. Phase one consists of approximately 31,000 s.f. of hospital (6 beds) and 50,000 SF of medical offices. Phase Two will add approximately 45,000 s.f. of additional medical offices. The P &Z recommended approval on February 20, 2003 subject to review, specifically denying request for driveway variance, and approving uses and regulations as proposed. Since the P &Z action on this item, the applicant has come to agreement with the adjoining property owner on the east for an off -site common driveway and is no longer requesting a driveway spacing and alignment variance. However, a variance is now needed for the stacking depth on the proposed off -site driveway. A minimum stacking depth of 150' is required and 120' is being provided. The City Council approved the first reading subject to review, allowing stacking variance on the eastern off -site driveway as requested. Applicant John Messler was present to answer Council's questions. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, GORBUTT ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388 -156, PAGE 12, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 12.47 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND THE "C -2" LOCAL RETAIL COMMERCIAL DISTRICT USE OF AMBULATORY SURGERY, IMAGING CENTER, AND ASSOCIATED SERVICES AND "0-1" OFFICE DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND THE "C -3" LOCAL RETAIL COMMERCIAL DISTRICT USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT STAY BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED RETAIL, SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Motion for Agenda Item 7A is included with motion for Agenda Item 7B. CITY COUNCIL MEETING MINUTES, APRIL 15, 2003, PAGE 5 OF 12 Agenda Item No. 7B. ZA02 -125, Site Plan for Harris Methodist Southlake. Senior Planner Dennis Killough presented this item to the Council. The purpose of this request is to receive approval of a Site Plan for Phase One of a medical office building and ambulatory surgery center (private hospital) development. The applicant is requesting a variance to articulation on portions of the building on the basis that full compliance with the articulation would adversely affect the architectural design and character of the building. The Planning and Zoning Commission recommended approval subject to review, specifically denying request for driveway variance; and approving uses and regulations as proposed. Applicant John Messler answered Council's questions. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480 -294a, 2 °d Reading (ZA02 -124) subject to Concept Plan Review Summary No. 4, dated March 28, 2003, and granting the requested variances; and to approve ZA02 -125 subject to Site Plan Review Summary No. 4, dated April 11, 2003, and granting the requested variances. Motion: Standerfer Second: Stephen Ayes: Evans, Shankland, Morris, Standerfer, Stephen, Stacy Nays: None Approved: 6 -0 Agenda Item No. 7C. Ordinance No. 480 -418, 2' Reading (ZA03 -009) Zoning Change for a portion of the property located at 1660 West Continental Boulevard. Senior Planner Dennis Killough presented this item to Council. The purpose of this request is to receive approval of a zoning change request from RE Single Family Residential Estate District to SF -20A Single Family Residential District on a 0.90 acre portion of the total 6.4 acre site to allow for construction of a home for a family member. The Planning and Zoning Commission recommended approval on March 20, 2003, and the City Council approved the first reading on consent on April 1, 2003. Applicants Kirk and Kim Koogler were present to answer Council's questions. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 1H, SITUATED IN THE J.THORNHILL SURVEY, ABSTRACT NO. 1505, BEING APPROXIMATELY 0.80 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT TO "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE CITY COUNCIL MEETING MINUTES, APRIL 15, 2003, PAGE 6 OF 12 DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 480 -418, 2nd Reading (ZA03 -009). Motion: Standerfer Second: Shankland Ayes: Shankland, Morris, Standerfer, Stephen, Evans, Stacy Nays: None Approved: 6 -0 Agenda Item No. 7D. ZA03 -010, Preliminary Plat for Curb Addition. Senior Planner Dennis Killough presented this item to the Council. This is the preliminary plat associated with the previous zoning change item. The purpose of this request is to receive approval of a preliminary plat for the entire 6.4 acres, so that a final plat may be submitted and filed in the County to allow the conveyance of the proposed SF -20A lot to the owner's daughter and son -in -law for residential home construction. The property is located at 1640 and 1660 W. Continental Blvd. A variance is requested to the "perpendicular lot line" requirement of the subdivision ordinance. Side lot lines are required to be perpendicular to the R.O.W. The owner would like for their southern side lot line to be parallel with the exiting northern side lot line. The intent of this requirement is to ensure orderly lot patterns within subdivisions. This proposal would not appear to interfere with the intent of the requirement. The Planning and Zoning Commission recommended approval subject to review, specifically approving variance as requested for the perpendicular lot line requirement. Motion was made to approve ZA03 -010 subject to Plat Review Summary No. 2, dated March 14, 2003, and granting the requested variances. Motion: Standerfer Second: Evans Ayes: Morris, Standerfer, Stephen, Evans, Shankland, Stacy Nays: None Approved: 6 -0 Agenda Item No. 7E. ZA03 -011, Site Plan on property described as Southlake Corners, Lot 2A, Block 1, Farrar Addition, and being approximately 16.5 acres. Senior Planner Dennis Killough presented this item to the Council. This is a site plan proposal for re- development of the Wal- Mart site. The plan proposes a 111,000 sf, three anchor main building, reusing a portion of the existing building, a 25,000 sf retail building at the southeast corner of the property, and a 19,000 sf retail building at the northeast corner of the property. The applicant is also requesting up to a 10% variance on the required parking. This would provide for a restaurant tenant, having up to 7,700 square feet, in one of the proposed retail spaces without having to provide additional parking spaces. At the April 1, 2003, Council meeting, the applicant was asked to investigate the possibility of constructing a cross access over the drainage channel that separates the site from Village Center shopping center. Staff has contacted the Village Center owners to determine their willingness to participate in the project, but to date have not been able to schedule a meeting. The engineers for the applicant have re- calculated the cost for constructing the access and have CITY COUNCIL MEETING MINUTES, APRIL 15, 2003, PAGE 7 OF 12 estimated it to be $166,000 for a 24 foot wide crossing over a box culvert. The Arcon Group indicated that they are willing to pay up to $50,000 (or +1/3 the cost), to provide the necessary access easements on their property, and to include the construction within their project. They would want the City and the Village Center owners to participate equally in the remaining cost. We will update the Council on any further developments. The applicant's engineer also estimated the cost for enclosing the entire channel. To enclose the entire 830 foot length of the channel from SH 114 to FM 1709, utilizing five 8' x 5' concrete box culverts, is estimated to be approximately $1,724,000. Applicant John Maggiore of the Arcon Group answered Council's questions. No one spoke during the public hearing. Motion was made to approve ZA03 -011 subject to Site Plan Review Summary No. 2, dated March 14, 2003, granting the requested variances and subject to the applicant's commitment to pay up to one -third (maximum of $60,000) of the costs in constructing the culvert and crossing between this site and Village Center. Motion: Standerfer Second: Stephen Ayes: Standerfer, Stephen, Evans, Shankland, Morris, Stacy Nays: None Approved: 6 -0 Agenda Item No. 7F. Resolution No. 03 -025, (ZA03 -014) Specific Use Permit to allow the sale of alcoholic beverages at Boppa's New York Style Pizza & Deli. Senior Planner Dennis Killough presented this item to the Council. The property is located at 1125 Davis Boulevard, Suite 400, in the Southlake Woods Plaza at the northeast corner of Davis and W. Continental. This request is for permission to sell beer and wine in the restaurant. The site is compliant with distance requirements from churches and public schools. There is a church to the northwest across Davis Boulevard that is well in excess of the minimum 300' door to door as measured by the State requirements. Primrose School is directly across Davis and is a day care. The City's SUP requirements do not specifically regulate distances from day cares. TABC considers day cares the same as public schools only if the permit or license holder does not hold a food and beverage certificate. The food and beverage certificate requires that food preparation facilities capable of preparing multiple entrees be present and that alcohol sales do not exceed 50% of the gross sales receipts. This is a restaurant and is expected to have less than fifty percent of its sales in alcohol. The applicant has indicated that they will be requesting a food and beverage certificate. The Primrose School property owner was notified and no response has been received. The Planning and Zoning Commission recommended approval. Applicant Robert Marks was present to answer Council's questions. No one spoke during the public hearing. 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 LEGALLY DESCRIBED AS BEING A PORTION OF LOT 4, T. J. THOMPSON NO. 1052 ADDITION, AN ADDITION CITY COUNCIL MEETING MINUTES, APRIL 15, 2003, PAGE 8 OF 12 TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 5073, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 1.26 ACRES, 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. Motion was made to approve Resolution No. 03 -025, (ZA03 -014) for a period of five years from the date their certificate of occupancy is issued. Motion: Standerfer Second: Shankland Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Stacy Nays: None Approved: 6 -0 Agenda Item No. 7G. Ordinance No. 845, Authorizing the Issuance of City of Southlake, Texas, Tax and Tax Increment Revenue Certificates of Obligation, Series 2003 -A (Reinvestment Zone Number One.). Beth Bankhead of First Southwest Company made a presentation to Council during the Work Session. On March 18, 2003, the Council approved Resolution No. 03 -022. This authorized the publication of a notice in the newspaper of the city's intent to issue certificates of obligation. The certificates are issued and approved by adoption of an ordinance. Approval of Ordinance No. 845 will set in motion the legal requirements to obtain the proceeds. After approval, the legal documents must be reviewed by the Texas Attorney General's Office. The City would receive funding in mid May. The proceeds from the bonds will be used to reimburse the developer for infrastructure built within the TIF boundaries, in accordance with the addendum to the Town Square Developer's Agreement approved by Council on February 4, 2003, in the amount of $3,925,000. The certificates of obligation will be issued with a dedicated pledge of accumulated tax increment reinvestment zone revenues, and a backup pledge of City's ad valorem tax rate. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: An ordinance authorizing the issuance of "City of Southlake, Texas, tax and tax increment revenue certificates of obligation, series 2003 -A (Reinvestment Zone Number One) "; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the certain tax increment revenues; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent /Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date. Motion was made to approve Ordinance No. 845. Motion: Stephen Second: Evans Ayes: Evans, Shankland, Morris, Standerfer, Stephen, Stacy CITY COUNCIL MEETING MINUTES, APRIL 15, 2003, PAGE 9 OF 12 Nays: None Approved: 6 -0 Agenda Item No. 7H. Ordinance No. 846, Authorizing the issuance of "City of Southlake, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2003." Beth Bankhead of First Southwest Company made a presentation to Council during the Work Session. On March 18, 2003, the Council approved Resolution No. 03 -020. This authorized the publication of a notice in the newspaper of the city's intent to issue certificates of obligation. The certificates are issued and approved by adoption of an ordinance. Approval of Ordinance No. 846 will set in motion the legal requirements to obtain the proceeds. After approval, the legal documents must be reviewed by the Texas Attorney General's Office. The City would receive funding in mid May. The proceeds from the bonds will be used for street, storm drainage, water and sewer capital improvement projects and the purchase of equipment and machinery for the police department. The debt will be repaid through the City's ad valorem tax rate, water and sewer projects will be repaid through the City's utility fund and Crime Control district will fund the portion related to public safety. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: An ordinance authorizing the issuance of "City of Southlake, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2003 "; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date. Motion was made to approve Ordinance No. 846. Motion: Stephen Second: Evans Ayes: Evans, Shankland, Morris, Standerfer, Stephen, Stacy Nays: None Approved: 6 -0 Agenda Item No. 7I. Ordinance No. 847, Authorizing the issuance of such bonds and providing for the redemption of the obligations being refunded "City of Southlake, Texas, Tax and Tax Increment Revenue Refunding Bonds, Series 2003 -A (Reinvestment Zone Number One.)" Beth Bankhead of First Southwest Company made a presentation to Council during the Work Session. City staff and our financial advisor have continued to monitor the market to ensure that we capitalize on any refunding opportunities. Based on the current market, it would be advantageous for the city to refund the bonds Series 2000 -B, dated March 1, 2000, scheduled to mature on February 15 in each of the years 2011 through 2018. The refunding will result in the City saving approximately $2.3 million in debt service payments and further provide present value savings of approximately $700,000. The certificates are issued and approved by adoption of an ordinance. CITY COUNCIL MEETING MINUTES, APRIL 15, 2003, PAGE 10 OF 12 Approval of Ordinance No. 847 will set in motion the legal requirements to obtain the proceeds to refund the bonds. After approval, the legal documents must be reviewed by the Texas Attorney General's Office. The City would redeem the outstanding bonds in mid May. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: An Ordinance authorizing the issuance of "City of Southlake, Texas, Tax and Tax Increment Revenue Refunding Bonds, Series 2003 -A (Reinvestment Zone Number One) "; specifying the terms and features of said bonds; providing for the payment of said bonds by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the certain tax increment revenues; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Bonds, including the approval and execution of a Paying Agent/Registrar Agreement and a Special Escrow Agreement and the approval and distribution of an Official Statement; and providing an effective date. Motion was made to approve Ordinance No. 847. Motion: Stephen Second: Evans Ayes: Morris, Standerfer, Stephen, Evans, Shankland, Stacy Nays: None Approved: 6 -0 Agenda Item No. 7J. Ordinance No. 848, Authorizing the issuance of such bonds and providing for the redemption of the obligations being refunded "Ci ty of Southlake, Texas, General Obligation Refunding and Improvement Bonds, Series 2003." Beth Bankhead of First Southwest Company made a presentation to Council during the Work Session. City staff and our financial advisor have continued to monitor the market to ensure that we capitalize on any refunding opportunities. Based on the current market, it would be advantageous for the city to refund the bonds noted. The refunding will result in the City saving approximately $350,000 in debt service payments and further provide present value savings of approximately $250,000. The certificates are issued and approved by adoption of an ordinance. Approval of Ordinance No. 848 will set in motion the legal requirements to obtain the proceeds to refund the bonds. After approval, the legal documents must be reviewed by the Texas Attorney General' s Office. The City would redeem the outstanding bonds in mid May. We are expecting the interest rate for all four bond issuance to be around 4.4 %. We will have final pricing on Tuesday for the Council meeting. All three rating agencies confirmed our current rating. The November 2002 ratings were: Fitch - -AA -; S &P —AA -; Moody's —Aa3. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: An Ordinance authorizing the issuance of "City of Southlake, Texas, General Obligation Refunding and Improvement Bonds, Series 2003 "; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem CITY COUNCIL MEETING MINUTES, APRIL 15, 2003, PAGE 11 OF 12 tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent /Registrar Agreement, a Purchase Contract and Special Escrow Agreement and the approval and distribution of an Official Statement; providing for the redemption of certain outstanding obligations of the City; and providing an effective date. Motion was made to approve Ordinance No. 848. Motion: Stephen Second: Evans Ayes: Standerfer, Stephen, Evans, Shankland, Morris, Stacy Nays: None Approved: 6 -0 Agenda Item 12. Meeting Adjourned. With there being no further business to discuss, Mayor Stacy adjourned the meeting at 8:04 p.m. At a 76: 4 1 r DL/ WA-IAA-6594W S5 Mayor • , � O � T H •Lgk � ATTEST: k • •�'- io/tA • - �. 4' � • Cn Lori A. Farwell - •' • City Secretary *lc* , jiIuIuu"e , ' CITY COUNCIL MEETING MINUTES, APRIL 15, 2003, PAGE 12 OF 12