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1999-02-16REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS FEBRUARY 16, 1999 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tern W. Ralph Evans; Deputy Mayor Pro Tem Scott Martin. Members: Debra Edmondson, Ronnie Kendall, Gary Fawks and Wayne Moffat. STAFF PRESENT: City Manager Curtis Hawk; Assistant City Manager Shana Yelverton; Director of Finance Lou Ann Heath; Director of Community Services Kevin Hugman; Director of Community Development G-reg Last; Director of Public Works Bob Whitehead; Capital Projects Coordinator Shawn Poe; Deputy Directors of Public Works Ron Harper and Charlie Thomas; Director of Public Safety Billy Campbell; Deputy Director of Public Safety for Police Services Gary Gregg; Landscape Architect Keith Martin; Chief Building Official Paul Ward; Economic Development Coordinator Kate Barlow; City Attorney E. Allen Taylor Jr.; and, City Secretary Sandra L. LeGrand. WORK SESSION: The work session began at 5:10 p.m., whereby City Council and City staff reviewed items on the agenda. The work session was video taped and a tape recording was made for future reference. The work session ended at 6:00 p.m. REGULAR CITY COUNCIL MEETING Agenda Item #1, Call to Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:00 p.m. Agenda Item #2-A, Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.075, 551.076, to seek consultation with City Attorney regarding pending and contemplated litigations, to deliberate the purchase, exchange, lease or sale of real property, a negotiated contract for a prospective gift or donation to the City, to deliberate the appointment and evaluation of public officials, to confer with one or more employees to receive information from or to question the employees, and to deliberate the deployment of specific occasions for implementation of security personnel or devices. Council adjourned into executive session at 6:03 p.m. Council returned to open session at 7:15 p.m. Regular City Council Meeting Minutes of February 16, 1999 Page 1 of 33 Agenda Item #2-B, Action Necessary/Executive Session No action was taken as the result of the executive session. Agenda Item #3, Invocation: Toby Slough, Chaplain for February Toby Slough, Pastor for the Southlake Church of Christ, gave the invocation tonight. Pastor Slough referenced the tragedy which occurred on Saturday, February 13, in front of Magic Mike's Service Station on State Highway 114 at North White Chapel Boulevard. Pastor Slough stated the funeral for eleven year old Jackie LeGrand will be held on Wednesday, February 17, 1999 at 10:00 a.m. at Bluebonnet Funeral Home in Colleyville. He stated the parents of Jackie, Kevin and Tracy LeGrand, are griefstricken, as is the Goebel family of Southlake. He stated he was very proud of Community Services Officer Carrie Fullington for all she does for families in grief in and around the Southlake area. He noted he was proud to have the opportunity to work with her. Slough also asked the audience to pray for the families of the three firefighters who lost their lives in the church fire in Tarrant County this week. Agenda Item #4-A, Mayor's Report During the Mayor's Report, Mayor Stacy announced the following: The first day to file for a place on the ballot for the May 1, 1999, General Election was February 15, and the last day to file will be March 17, 1999. Candidate packets can be picked up in the Office of the City Secretary. Council Places 1 and 6 are up for re-election. The monthly Metroport meeting will be held on February 18, at 7:30 a.m. at the Keller Public Library, 640 Johnson Road, Keller. On February 18, at 7:00 p.m., SPIN #10 will meet in the Senior Activity Center to hear representatives from Cooper & Stebbins discuss the Town Center. Representatives from the U.S. Post Office will also be present to show plans for the new Town Square Post Office. The public is invited to attend. On February 23, at 5:00 p.m., City Council will meet with Carroll Independent School District Trustees for a joint meeting, which will be held in the Council Chambers of City Hall. Following that meeting the City Council will have a Special City Council meeting whereby the agenda items will be drainage issues as well as F.M. 1709 improvements and a possible bond election. The City of Southlake will hold an auction on February 27, at 9:00 a.m. at the Public Works Facility on East Continental Boulevard. Old computers, jewelry, and old police cars are some of the items that will be on the auction block. Regular City Council Meeting Minutes of February 16, 1999 Page 2 of 33 The Grand Opening for Town Square will take place on March 20. The "all day" event will have something for everyone. The ground breaking for the new Town Hall will also be held on that day. Watch for more information on the events. Mayor Stacy presented an appreciation plaque to Lanny Tate, thanking him for more than ten years of service to the City. Tate served on the Planning and Zoning Commission and the Zoning Board of Appeals, as well as working on the senior center and other projects for the City. Councilmember Gary Fawks stated he would like to address the allegations that were raised recently, and reported by the newspapers, by Planning and Zoning Commissioner Rob Jones, regarding ethics ordinance violations that allegedly occurred by Councilmember Debra Edmondson. Fawks stated he has a review of the issues prepared by the City Attorney at the request of the City Manager. Councilmember Fawks said the review by the City Attorney states that even if the allegations were correct, they did not violate the State law or the city's ethics ordinance. He stated he has letters from three of the Planning and Zoning Commissioners who supported Ms. Creighton as chairman of the Planning and Zoning Commission and that in each case they state the allegations were not correct. Therefore, Mr. Fawks wanted to clear this matter up at this time. He confirmed with the City Attorney, for the record, that he reviewed the allegations from Mr. Jones and there was no evidence that an ethics violation had occurred. E. Allen Taylor, City Attorney, stated the comments from Councilmember Fawks were basically correct. He stated he viewed the material that was submitted to his office. He reviewed it against the requirements of the City of Southlake ethics ordinance which provides first for issues related to advisory opinions and second, formal investigations. Taylor stated this was clearly not an appropriate topic for an advisory opinion. The City Attorney went a step further and looked at the face of the allegations and concluded the allegations themselves did not give rise to a violation of the ordinance or statutes and therefore, they could not come forward with a recommendation that any type of investigation would be justified or appropriate. Councilmember Fawks stated the City Council is charged, under the ordinance, with making a determination of whether or not an investigation is necessary and apparently there is not a need to investigate. Councilmember Scott Martin ascertained that Councilmember Fawks had letters from everyone who voted for Ms. Creighton for Chairman of the Planning and Zoning Commission. Fawks replied he had letters from Peebles, Sandlin, and Shankland. Agenda Item g4-B~ City Manager's Report During the City Manager's Report, the Deputy Director of Public Works Ron Harper presented a status report on the Town Square: Regular City Council Meeting Minutes of February 16, 1999 Page 3 of 33 TOWN SQUARE Progress continues on the infrastructure and commercial elements of this project. Six buildings are currently under construction. Buildings lA, lB, 5A and 5B have been inspected by Building Inspectors and have been released for tenant finish work. Building 4C has had all the exterior sheathing installed, rear stucco has been applied and brick work is substantially complete. Selected tenant space is being constructed. Building 2C has had framing installed, exterior stucco and brick is 95% complete. Both buildings have had mechanical, electrical and plumbing systems installed. Interior framing and sheathing is being constructed. Paving of all the streets in Phase I has taken place. Sidewalks are approximately 90% complete. Landscaping is being installed in the parking areas and adjacent to the park areas and within Family Park. Work has begun on the Pavilion and the pond at Rustin Park. Street lighting is being installed. Tenant work and permits have been issued on Ann Taylor, Banana Republic, Bath and Body, Bombay Company, Chico's, Comer Bakery, Eddie Bauer, Gap, Gap Kids, Gymboree, Harolds, magic Moon, St. John's, Talbots, Victoria Secret and Williams-Sonoma. Plan reviewes have been completed on Animal Crackers, Charles Schwab, Dameron Properties, Kids Footlocker, Lady Footlocker, Milwaukee Jones, Rockfish Seafood, Starbucks, Village Jewelers, and Zuka Juice. Plans have been received, but not yet reviewed for Cooper & Stebbins, Prizim Development and Rattikin Title. The Developer has had several meetings regarding grand opening activities. The Town Square ribbon cutting and the Town Hall events have been moved to 10:00 a.m. so that participants do not have to leave after the parade and return later in the day. The next planning meeting for Town Square is scheduled for Friday, February 19 at 8:15 a.m. NORTH CARROLL REALIGNMENT Work on this adjacent project is well underway. Storm drain is approximately 95% complete, the relocation of the sanitary sewer is complete, and the new water line has begun. Construction of the foundations for the relocated signal lights has been completed and the new poles and arms have been installed. The first layer of asphalt for the new northbound lanes and 1/3 of the southbound lanes have been placed. Curb and gutter is being stalled on the northbound lanes. Final paving for the first portion of the project began on February 12. Harper noted the new North Carroll Avenue will open on Wednesday, February 17, at noon. POST OFFICE SQUARE No new information is available since the last meeting. Regular City Council Meeting Minutes of February 16, 1999 Page 4 of 33 TOWN HALL Over the past several weeks, the architects have met with Councilmembers, County representatives, and staff to discuss concepts, visions and space issues. City Manager Curtis Hawk stated again that representatives of the U.S. Post Office will meet with SPIN #10 at the Senior Activity Center on February 18, 1999 to go over plans for the Town Center Post Office. The public is invited to attend. CABLE UPDATE Director of Community Services Kevin Hugman reported on the transfer of the franchise agreement with Marcus Cable and Charter Commtmications. He stated we are close to finalizing that transfer, stating the transfer ordinance will be brought forward as an agenda item in March. He stated most of the issues have been resolved or worked through by the consortium of cities that the City is a part of with the representatives of Charter Communications. One of the issues that is still outstanding is the converter boxes in Southlake. Council received a letter from Marcus proposing a discounted rate for multiple converter boxes. He stated he received a call today stating they would be willing to freeze those rates and those terminal box rates through the year 2000. The City is proposing that those charges be waived all together for three years. LOCAL OPTION UPDATE City Manager Curtis Hawk said when the area had a wet-dry election in 1973, they did not consider the sale of packaged wine. The City is prohibited from having a local option election for this purchase because it lies in two counties (Denton and Tarrant). The City has been trying to get the law changed. Last week Councilmember Debra Edmondson, Greg Last and he went to Austin to meet with State Representative Vickie Truitt and others in the first "brainstorming" meeting regarding issues surrounding the Local Option Election Initiative. Councilmember Debra Edmondson stated Representative Vickie Truitt has a bill that she is in the process of drafting, which she indicated she has broad-based support on, that will amend the Alcoholic Beverage Code to allow multi-county-cities to hold an election. Edmondson said, "As we got into this we found that it is a little more complicated than just getting the issue of two counties resolved. There were several cities at this meeting including Richland Hills, Hurst, Euless, Bedford, that have already tried a petitioning drive. A petitioning drive requires 35% of current registered voters. What they are finding is because the "motor voter law" allows so many people to register, other cities had felt that they had gotten 35% of the signatures, but by the time you take out the people who have moved, or died, the number was far lower than the required 35%, to even get it to a ballot so the residents of the City can vote and decide for themselves to allow packaged wine sales in their City. We have taken the position, as did other cities, that this is more of an Economic Development issue, than just wanting the desire to just sale wine in the cities. We are wanting stores like Whole Foods, Eatzi's or Cost Plus Regular City Council Meeting Minutes of February 16, 1999 Page 5 of 33 type stores, and we currently cannot attract those stores because of our inability to sell packaged wine. The other issue with the petitions, is that you only get a thirty day window to collect the signatures." Ms. Edmondson stated, "We told Representative Truitt that we would volunteer our staffwith Greg Last, to head it all up. We contacted the big developers in our city such as the developers of Gateway, Town Square and the Southlake Chamber or Commerce who are behind this effort. Based on our information tonight, we are cautiously optimistic." Agenda Item g4-C, SPIN Report Jan Francis, representative of SPIN #5 stated, SPIN #5 is calm at this time, but things are changing. Their two issues are the widening of Dove Road, and the location for the DPS facility. Their concern with the DPS facility is the increase in traffic twenty-four hours per day. Also, is how will the facility be made attractive in a residential area? She thanked Victoria Hess Miller for her work on the fire safety inspection program for residences. That service is available for the asking. Councilmember Gary Fawks stated the City will seek citizen input before decisions are made on the construction of the Department of Public Safety facility. Agenda Item #4-D, Parks and Recreation Board Report Director of Community Services Kevin Hugman made the monthly report from the Parks and Recreation Board, by stating the election of officers resulted with the following: Chairman Vicki Johnson; Vice-Chairman Sherry Berman; and, Secretary Cara White. Mr. Hugman stated during their meeting they reviewed the Park Dedication Fees and recommended raising the raw acreage value costs, which is the basis for the park dedication fees which is on the agenda tonight for Council consideration. They considered the park dedication requirements for a number of residential developments that have come forward. Tomorrow is the Park and Recreation Board Annual Retreat, which will be held from 2:00 p.m. to 7:00 p.m. in the Lodge at Bicentennial Park. He said during the retreat they will be looking at 1998 accomplishments and goals for 1999; Trail System Master Plan, which will be updated this year; the Recreation Fee Policy; and the Town Square parks. Mr. Hugman invited Councilmembers to attend the retreat between 6:00 p.m. and 7:00 p.m. Agenda Item #5, Consent Agenda Mayor Rick Stacy stated this is the time of the evening when Council votes on several items at one time. He informed citizens present of the procedure Council follows in voting on the "consent agenda" and asked if anyone had any comments or opposition to express regarding any items listed in this section of the agenda. Mayor Stacy read the consent agenda items into the record as follows: Regular City Council Meeting Minutes of February 16, 1999 Page 6 of 33 '~' 5-A. Approval of the Minutes of the Regular City Council meeting held on February 2, 1999. Resolution No. 99-09, Appointing SPIN Standing Committee representatives for Neighborhood #13. Resolution No. 99-04, Authorization of publication of Notice of Intent to issue Certificates of Obligation, Series 1999. Resolution No. 99-08, Authorization of publication of Notice of Intent to issue Certificates of Obligation, Series 1999B. Authorize the Mayor to enter into a residential developer agreement for O.W. Knight No. 899 Addition, Lots 10 & 11. Authorize the Mayor to enter into a residential developer agreement for Loch Meadow Estates. Authorize the Mayor to enter into a residential developer agreement for A.A. Freeman No. 422 Addition, Lots 5, 6, & 7. Award of bid to Reynolds Asphalt for the Phase I reconstruction of Continental Boulevard from Davis Boulevard to South Peytonville Avenue. Ordinance No. 480-303, 1st Reading (ZA 99-001), Rezoning of 4.878 acres of land. Current zoning is "AG" Agricultural District with a request for "SF-1A" Single Family Residential District. Owners and Applicants: Ray and Vicki Williamson. Resolution No. 99-07, Amending Fee Schedule for park dedication fees. Ordinance No. 480-301, 1st Reading (ZA 98-149), Rezoning and Site Plan for Barton House Uncommon Care, Inc., 3.046 acres of land. Request for "S-P-l" Detailed Site Plan District with "O- 1" Office District uses. Owner and Applicant: Uncommon Care, Inc., dba Barton House. Request to table to 3/2/99 City Council meeting. ZA 98-145, Site Plan for Dardan Square, 0.705 acres of land. Current zoning is "C-2" Local Retail Commercial District. Applicant: Dana Bailey. Owner: Conner Lam. Request to table to 3/2/99 City Council meeting. Ordinance No. 736, 1st Reading, Creating a Department of Economic Development. Regular City Council Meeting Minutes of February 16, 1999 Page 7 of 33 5-N. Approving the appointment of Community Development Director Greg Last as Director of Economic Development. 5-0. Authorize city staff to reject proposals received for the replacement of computer network services and the upgrading and purchasing of IBM AS400s. Added to Consent: 6-B. Consider removal of Rob Jones from the Planning and Zoning Commission. 8-A. Ordinance No. 735, 1st Reading, Requiring that persons under 18 wear a bicycle helmet while riding on public ways. Request to table (no certain time). 8-C. Ordinance No. 480-302, 1st Reading, (ZA 98-157), Rczoning on 4.279 acres in the Ben J. Foster Survey, Abstract No. 519. Current zoning is "AG" Agricultural, with requested zoning "SF-1A" Single Family Residential District. Owners and Applicants: Parvcz and Secma Malik. 8-D. ZA 98-158, Preliminary Plat for Proposed Lots 1 and 2, Malik Estates Addition. Owners and Applicants: Parvez and Seema Malik. Request to table 3/2/99. 10-B. Award of bid to Don L. Owen, Inc. for the painting of the 0.5 MG elevated storage tank on Florence Road. 10-C. Change Order No. 1 to Whitehead Construction for 315 Pine Street sewer. Request to table. Before the vote was taken, a citizen, Dana McGrath, asked to have Agenda Item #6B removed from the consent agenda and considered separately. Motion was made to approve the consent agenda Items 5-A, through 5-I, Items 5-K, through 5-0, Item 8-A, consent to table; Item #8-C, Item #8-D, consent to table; Item 10-B, with a tri-colored scheme; and Item #10-C, consent to table. Motion: Martin Second: Evans Ayes: Martin, Evans, Fawks, Kendall, Moffat, Edmondson, Stacy Nays: None Approved: 7-0 vote ADDITIONAL INFORMATION ON CONSENT AGENDA ITEMS Approval of the Minutes of the Regular City Council meeting hem on February 2, 1999. Approved as presented. Regular City Council Meeting Minutes of February 16, 1999 Page 8 of 33 Resolution No. 99-09, Appointing SPIN Standing Committee representatives for Neighborhood #13. Neighborhood #13 representative position has been vacant for several months. Two advertised meetings have been held seeking a replacement for this neighborhood. Bill Stone from Southfidge Lakes has volunteered to serve the remainder of this term which expires in December, 1999. Resolution No. 99-04, Approving and Authorizing Publication of Notice of Intent to Issue Certificates of Obligation, Series 1999. The FY 1998-99 budget includes a capital projects component that provides cost estimates and projected timing of water, sewer, roadway, drainage and building improvements/construction projects. Estimated project costs for FY 1998-99 are $16,647,593. The City's financial advisor with First Southwest Company has recommended that the maximum amount of this Resolution be set at $17,030,000 to cover the projects and issuance costs. A copy of the memorandum from Director of Finance Lou Ann Heath is hereby attached to the minutes of this meeting. Resolution No. 99-08, Approving and Authorizing Publication of Notice of Intent to Issue Certificate of Obligations, Series 1999B. Resolution No. 99-08 is the initial step to issue certificates of obligation for the first phase of the Town Hall project within the Tax Increment Reinvestment Zone. The agreement for architectural services and construction management services for the Town Hall project were recently approved by the City Council. The total for both of these agreements is $2.7 million ($1.2 million for the architectural services, $390,000 for the construction management fee and $1.I 1 million for the general conditions fee for construction management). The Resolution established a maximum dollar amount for the certificates at $3.61 million. Once the Resolution is approved, the City may issue less than that amount, but may not exceed it. A copy of the memorandum from Director of Finance Lou Ann Heath is hereby attached to the minutes of this meeting. Authorize the Mayor to enter into a residential developer agreement for O.W. Knight No. 899 Addition, Lots 10 & 11. In 1998 a plat showing was approved for O.W. Knight No. 899 Addition, Lots 10 & 11. Building permits were then taken out with the intention of installing septic tanks, as the sanitary sewer was not available. Later, as the houses were under construction, the builder decided to extend the public sanitary sewer line approximately 320 feet to serve lots 10 & 11. This developer agreement is to cover the construction of this public sanitary sewer line. A park fee of $1,000 per lot was paid at the time the building permits were issued. This developer agreement is a standard developer agreement. Authorize the Mayor to enter into a residential developer agreement for Loch Meadow Estates. A final plat has been approved for Loch Meadow Estates located north of Dove Street and east of Ridgecrest Drive. On December 11, 1998, the City Council approved a partial developer agreement for grading only. This standard developer agreement for Loch Meadow Estates is for the on-site Regular City Council Meeting Minutes of February 16, 1999 Page 9 of 33 public improvements (streets, drainage, water and sanitary sewer). The Park Board approved a park fee of $1,000 per lot for 24 developable lots, or $24,000. Authorize the Mayor to enter into a residential developer agreement for A.A. Freeman No. 522 Addition, Lots 5, 6 & 7. A final plat has been approved for A.A. Freeman No. 522 Addition, Lots 5, 6, & 7, located east of North Peytonville Road on the north side of Souttuidge Lakes Phase II. The development of the three lots includes the extension of a public sanitary sewer line to serve the lots and is the only public facility to be constructed. On February 8, 1999, the Park Board approved a park fee of $1,000 per lot, or $3,000. Award of bid to Reynolds Asphalt for the Phase I Reconstruction of Continental Boulevard from Davis Boulevard to South Peytonville Avenue. As part of the 1992 Street Bond Program, $575,750 was allocated for the rehabilitation of West Continental Boulevard from Davis Boulevard to South Peytonville Avenue. Due to the large daily traffic volume which travels along Continental, safety is a high priority. Continental is narrow, especially at the bridge crossings. Two large hills present sight distance problems which staff feels should be cut down to minimize the sight distance issues. The intent is to provide a safe roadway, yet minimize the expense. The existing culverts should either be replaced or extended. The project is divided into two phases in order to build the preferred roadway comparable to East Continental Boulevard, through Timarron. Phase II would begin at Peytonville Avenue and end at White Chapel Boulevard. The total budgeted amount of Phase I is $640,424,000. This amount consists of three parks. $555,750 is from the 1992 General Obligation Bond Election, $75,000 is from the Southlake Woods Developer Contribution, and $9,674 is from the Critical Drainage Structure Fund. Out of the total of six bids, the lowest bid is $596,746 by Reynolds Asphalt. Ordinance No. 480-303, 1st Reading (ZA 99-001), Rezoning on 4.878 acres of land in the Thomas M. Hood Survey, Abstract No. 706. Current zoning is "AG" Agricultural District with a requested zoning of "SF-1A" Single Family Residential District. Owners and Applicants: Ray and Vicki Williamson. Ordinance No. 480-301, 1st Reading (ZA 98-149), Rezoning and Site Plan for Barton House Uncommon Care, Inc. 3.046 acres in the Thomas M. Hood Survey, Abstract No. 706. Current zoning is "AG" Agricultural District with a requested zoning of"S-P-l" Detailed Site Plan District with "O-1" Office District uses. Owner and Applicants: Uncommon Care, Inc., dba Barton House. This item was tabled to 3/2/99 City Council meeting. ZA 98-145, Site Plan for Dardan Square O. 705 acres. Dardan Square is located in the Hiram Granberry Survey, Abstract No. 581. Current zoning is "C-2" Local Retail Commercial District. Applicant: Dana Bailey. Owner: Conner Lam. This item was tabled to 3/2/99 City Council meeting. Regular City Council Meeting Minutes of February 16, 1999 Page 10 of 33 5-0. IO-B. 10-C. Ordinance No. 736, ist Reading, Creating a Department of Economic Development. The responsibilities for economic development have evolved over the past several years. Originally the duties were under the City Manager's office. Over a year ago they were transferred to Community Development because of the many synergies between the two activities. The increase in major corporate interests in the City has necessitated a more dedicated focus. Approving the Appointment of Community Development Director Greg Last as Director of Economic Development. Chapter IV, Section 4.01, of the City Charter provides for the appointment of departmental directors. It states, "The head of each department shall be a chief, director or superintendent who shall be appointed by the City Manager subject to the approval of the Council and such chief, director of superintendent shall have supervision and control over his department." Authorize City staff to reject proposals received for the replacement of computer network servers and the upgrading and purchasing of lBM AS4OOs. On January 12, 1999 Requests for Proposals were issued for the budgeted replacement of the citywide NT network infrastructure and the purchase and upgrade of the IBM AS 400's. A discrepancy was noted in the proposals, therefore, staff is currently redrafting in-house specifications for these proposals insuring that proper terminology is used. Staff will bring a request for acceptance of these proposals to the City Council in approximately 30 days. Ordinance No. 735, Ist Reading, Requiring that persons under 18 wear a bicycle helmet while riding on public ways. Council approved the recommendation of staff that this item be tabled for an undetermined time, for more research on the ordinance. Ordinance No. 480-302, Ist Reading,, Rezoning Tracts 1A1A2b and 1A1A2C, Ben J. Foster Survey, Abstract No. 519. 4.279 acres of land in the Ben J. Foster Survey, Abstract No. 519. Current zoning is "AG" Agricultural District with a requested zoning of "SF-1A' Single Family Residential District. Owners and Applicants: Parvez and Seema Malik. ZA 98-158, Preliminary Plat for Proposed Lots 1 and 2, Mai& Estates Addition. Request to table to 3/2/99 City Council meeting. Award of bid to Don L. Owen, Inc. for the painting of the 0.5 MG elevated storage tank on Florence Road. Council awarded the contract to Don L. Owen for the alternate bid of $152,200 for the alternative paint scheme B, similar to Miron Tank, without involving the additional steel components. Change Order No. 1 to I'Irhitewater Construction for 315 Pine Street sewer. This item was tabled. Regular City Council Meeting Minutes of February 16, 1999 Page 11 of 33 Agenda Item #5-J, Resolution No. 99-07 Amending the Fee Schedule for Park Dedication Fees. Director of Community Services Kevin Hugman presented Resolution No. 99-07, stating, Ordinance No. 483-F allows that the City may amend the Subdivision Ordinance concerning park and recreation dedication requirements, Section 7.05 of this Ordinance sets the standard of fees in lieu of park land dedication based upon the fair market value, or raw acreage cost. Currently this value is set at $40,000 per acre. Section 7.05 further states that the City Council shall annually establish an acreage land value cost based upon an average fair market value. This value cost is the fee standard for the fiscal year. Hugman stated, "An appraisal was recently conducted to determine a fair market value for land in the City. According to the appraisal, the raw acreage cost currently is place is undervalued. Increasing the raw acreage cost to $60,000 per acre yields a fifty percent (50%) increase in park dedication fees per lot for a residential dwelling and a fifty percent (50%) increase per gross acre for commercial developments. This would bring park dedication fees to $1,500 per residential dwelling unit, and $1,200 per gross acre for non-residential developments. The Park and Recreation Board considered this issue at the Febru~y 8, 1999 meeting. The Park and Recreation Board is currently researching alternatives to the current park dedication process. However, as the fee standard is currently undervaluing land in Southlake, they recommend that the fee standard be raised to reflect a fair market value in the interim while this effort progresses." Councilmember Gary Fawks stated, "When this was last discussed, it was the park board's goal to achieve a point where the development commtmity would begin to contribute land in lieu of funds because what they really wanted was more open space and more land." Director Hugman stated, "In the past the developer had the option to pay fees or to dedicate land. The ordinance was revised to make land acceptable and anything other than that, for a developer to pay fees, they must go to the park board for their approval and recommendation allowing them to pay fees." Mayor Rick Stacy stated, "We discussed earlier this evening in work session about eliminating the fees charged to commercial developments because we didn't feel it was appropriate. In consideration of this tonight, we want to eliminate the $1,200 per acre fee proposed for commercial." Councilmember Fawks stated he would not support that. Mayor Stacy stated, "There is no other city in the State of Texas that charges commercial developers a park dedication fee, therefore, we don't think we should." Councilmember Scott Martin stated, "If we don't change the value of land to $60,000 per acre, I do not agree with removing the fee for commercial developers." Councilmember Ronnie Kendall noted tomorrow night is the park board retreat. She suggested Councilmembers try to attend and discuss this item at that time. Regular City Council Meeting Minutes of February 16, 1999 Page 12 of 33 Motion was made to table Resolution No. 99-07, to the next City Council meeting. Motion: Kendall Second: Moffat Ayes: Kendall, Moffat, Martin, Edmondson, Evans, Fawks, Stacy Nays: None Approved: 7-0 vote Agenda Item #6-A, Public Forum Rob Jones, 1160 North Carroll Avenue, Southlake. Mr. Jones commented about having heard the City Attorney's report regarding the ethics violation and he asked that this item not go away because he believes there is information that has not been disclosed at this time. He stated, "Respectfully, having served this city for as many hours as I have, I think that if I were to let this item go away that it would be almost a tit for tat". He stated, "My reputation is worth too much for me to stand out here and make a lie. I do not move every three to five years, but in fact have lived here all my life. When you live in the same place all your life, you do not have a chance to make your reputation all over again. It is something that you build over a lifetime but it can be destroyed in a second. If I were to walk away from this issue, it would imply that I was not telling the troth initially, and this is not the case." He asked that this item be considered in the future. David McMahan, 1335 Hidden Glen, Southlake. Mr. McMahan stated he wanted to talk about the incident that occurred on February 4, 1999 at a Planning and Zoning Commission meeting. McMahan stated at that meeting he attempted to address this issue at the end of the meeting but was denied that opportunity, therefore he is using this venue to bring the item forward. McMahan stated, "It bothers me a great deal the things that are going on or are being alleged to be going on. One thing I do know that did happen is that the chairman of the Planning and Zoning Commission accused publicly another commissioner of having a monitory interest in various projects. As it so happened, the project happened to be one of Four Peaks Development's, of which I am a principal of that company. I have never, nor has my partner, or any of our associates, ever had any business dealings with Commissioner Jones who is the commissioner whose ethics were questioned that evening." McMahan stated, "I resent that implication. I resent the fact that anything like that would take place in open forum. There is no place for it in our city affairs. It accomplished nothing except it created controversy that was inflammatory. Frankly, chairperson Creighton owes Commissioner Jones a public apology. I hope the apology will be made at the next P&Z meeting. Moreover, I have been to more than my share of the P&Z meetings, and I feel it would be in the best interest of this City if Chairman Creighton would step down from the chairmanship. Clearly there is a lack of leadership here; they are floundering. The work load is increasing, the meetings are not being mn properly, in my opinion. I think it would be in everyone's interest for this to take place. I'm very sorry to be here and say those things but I have to as a long-time resident and as a long term player in the City's growth. I have done my share of committees and I have served on this Council and I have served my City. I would like for us all to consider these things." Regular City Council Meeting Minutes of February 16, 1999 Page 13 of 33 Agenda Item #6-B, Consider Removal of Rob Jones from Planning and Zoning Commission Dana McGrath, 107 Park Crest, Southlake. Ms. McGrath stated she does not have much to say, only, that she is hopeful that the City Councilmembers can explain what is going on regarding this item. Councilmember Ronnie Kendall stated the explanation is, "Tonight me, along with some other Councilmembers, decided it is not in the city's best interest at this time to pursue this matter." Councilmember Gary Fawks responded, at the beginning of the meeting he had addressed the allegations of possible ethics violations by either Councilmember Edmondson or Commissioner Creighton. Fawks stated he had investigated this issue and the information that was given by the City Attorney is that it never occurred and if it did occur, it did not violate any ordinances. Mayor Stacy reminded Ms. McGrath that she was the one that asked to have this issue taken off of the consent agenda. He stated he thinks Mr. Jones intends to see his ethics allegations investigation through, as he implied during the public forum. Mayor Stacy explained the City Attorney had responded to Mr. Jones that that is not the proper format, as it was too late to ask for a legal opinion. Legal opinions are done as advice, and this is something that has already happened. He noted the ethics allegations were filed improperly. Councilmember Gary Fawks stated that Councilmember Martin is the one that asked for this issue to be placed on the Council agenda. Fawks stated, "The City Charter, as amended, allows that the Planning and Zoning Commission members serve at the pleasure of the Council, as do all other Board and Commission members, except for the Zoning Board of Adjustments. Apparently there was some discussion and concerns about some actions that prompted Mr. Martin to ask for the item to be placed on the agenda. For whatever reason he has determined that it is an inappropriate time to continue the discussion and so he asked that the item be withdrawn. Councilmember Kendall agreed with Martin. Ms. McGrath stated this answers her questions and she is pleased that the Council is serving the citizens of Southlake and she is not here trying to "muck-up" anything. She stated it sounds like there is a lot of in-fighting, and that the newspapers are being used to create those goals. Mayor Stacy stated that during the past twenty years did not remember a removal of a board or commission member from a board. He stated he is hopeful that it will never happen in Southlake. Baron Rittiner, 134 Sam Bass Ridge Road, Southlake. Mr. Rittiner stated the big issue here is the fact that we have got pro-developers and pro-homeowners coming together. Regular City Council Meeting Minutes of February 16, 1999 Page 14 of 33 The last time he came to a Planning and Zoning Commission meeting in 1997, he was dressed down by Rob Jones. He stated Mr. Jones has an attitude that is very condescending and pro-development. He stated now it is in the newspapers. He asked everyone here tonight to not feel like it is a 'done deal.' He stated, "This issue of rapid growth is not going away until people like Ron Jones is gone." Mary Rittiner, 134 Sam Bass Ridge Road, Southlake. Ms. Rittiner referenced the P&Z meeting held in September 1997. She said, "Mr. Rob Jones acts very confrontational and is not concerned with listening to what the residents want to say." Ms. Rittiner stated, "We all have a voice in the way Southlake is to be planned and developed. We are not supposed to be coming to meetings to listen to what someone of the board has to say." Boyd Dollar, 525 Brooks Court, Southlake. Mr. Dollar referenced the development of the Land Use Plan. His position is that those people, whether individually or as the P&Z ought to reflect the sense of the community that was established in that year long project. He said the sense of the commtmity, in terms of residential, was low-density, adding, "If this hits a specific individual, so be it." "I would like P&Z to represent that sense of the community that we developed in the year long effort in the Land Use Plan." Richard Ponder, 1200 Sabine Court, Southlake. Mr. Ponder was not present but a letter written by Ponder was entered into the record as follows: "Though I could not attend the City Council meeting tonight, I wanted to publicly go on record in support of Councilwoman Debra Edmondson and her efforts on the Southlake City Council. As evidenced in the City Council elections last year, Ms. Edmondson has a broad base of comanunity support. She is also a well respected and admired leader. Ms. Edrnondson has proven to me and many others that she is a person of integrity and can be trusted to represent those of us in the community who do not have the power or influence to affect City Council decisions and other civic matters. My family and I are extremely grateful that Ms. Edmondson is willing to serve on the City Cotmcil and want to thank her for representing the people of Southlake." Kevin Sweeney, 100 Clear Lake Court, Southlake. Mr. Sweeney stated that he attended the January 14, 1999, Planning and Zoning Commission meeting because there was a piece of property that he lives near and has an interest in being considered. One of his neighbors, Larry Mudd (he stated he sent a letter to Mayor Stacy) got up and was speaking in this room about the piece of property next to his. He was very much in favor of what was going on. At that time Mr. Jones was condescending and ridiculed Mr. Mudd. At that time the commission went into executive session. Upon return from executive session, Mr. Jones had to apologize to Mr. Mudd. He stated when the Council or Planning and Zoning Commission asked someone to come up and make a comment, they should be able to make their comments without being ridiculed and talked to in a condescending manor. He stated the letter he wrote to Mayor Stacy is the first letter of this type he has written in fifty years, noting this is all he has to say. Cynda Mast, 2415 Taylor Street, Southlake. Ms. Mast stated she respects the City Councils decision to withdraw action tonight on the Rob Jones issue, adding, this has all Regular City Council Meeting Minutes of February 16, 1999 Page 15 of 33 the appearance of a disgruntled member of a board who has behaved badly and has intimidated and bullyed members of the Council into withdrawing an issue that deserves legitimate discussion." Mast said, "It appears that attacks on Councilmember Edmondson's and Ms. Creighton's character did not begin until complaints about Mr. Jone's behavior were lodged. I for one, want to say that I know Debra Edmondson to be of nothing but the finest character, quite irreproachable. The attacks that have been made upon her are "red herrings;" they draw attention and focus away from the complaints that have been made about Mr. Jones that I think deserve to be addressed." Ron Stacy, 330 North Shady Oaks Drive, Southlake. Mr. Stacy stated he generally hesitates to come forward to speak before Council because his brother is Mayor Stacy. "Sometimes enough is enough." He stated, "I think we are missing the big picture; to me we have gone from a democracy to something totally besides a democracy." A discussion was held regarding which came first: the order to place this item on the agenda, or Mr. Jone's sending his ethics violation statements to the newspaper. Councilmember Scott Martin said his action to place this item on the agenda was pursuant to one and one-half years of misbehavior and the item that occurred at the last Planning and Zoning Commission meeting were merely the icing on the cake. He told Mr. Stacy that Mr. Jone's allegations had nothing to do with his request. Council has had numerous discussions with the Mayor regarding Mr. Jone's behavior, and the Mayor said he would talk with Mr. Jones to try and put him on the right path; to straighten him out. Councilmember Gary Fawks asked the Mayor when he last talked with Mr. Jones. Mayor Stacy stated he had not talked with Mr. Jones at all. Tom Morris, 403 St. Charles Court, Southlake. Mr. Morris stated he hated to see this type of comments and fight going on in our City. "Its not constructive and I think it is not constructive for someone to pass out letters to citizens who come to a meeting accusing somebody of something. These things should be taken care of by the Council and the Planning and Zoning Commission. The P & Z is appointed by the Council and they have the authority to make the changes that are necessary. This issue should not be brought to a public forum." Morris stated, "I do not think it is right for a developer to speak before the Council and tell the Council that they should remove someone fi.om a board or commission." Regarding Ms. Edmondson, he supports her and she has been an outstanding Councilmember and she does her homework. There are things that have been controversial and she has a right to her opinion. He stated he supports her and opposes someone giving him a letter saying, "remove her from the Council." He stated he does not think the Council has the authority, because of what she has done, to remove her from this body. He stated he hopes that the argument goes away and Council goes back to their business. Rob Jones stated he found out something tonight and he is shocked that he missed it. He stated he is unsure of what item he is speaking on tonight and his reason for coming Regular City Council Meeting Minutes of February 16, 1999 Page 16 of 33 before Council tonight was in no way related to the allegation that he made towards Councilmember Edmondson and in no way related to the "fight" he had with Ann Creighton. Jones stated, "When I say fight, it was actually an attack upon my person, but I will admit after she attacked my character, I did rip her a new back side behind closed doors later." He stated he found out tonight he was suppose to have been counseled a long time ago. Mr. Jones would like to be enlightened on how long ago he and the Mayor were to have discussed Mr. Jones changing his behavior during the P & Z meetings. Mr. Jones stated he is two months away from his term expiring. He stated he has put many hours in working for the Commission. Mayor Stacy responded he has never talked with Rob Jones about his behavior during the P&Z meetings. Councilmembers Fawks, Kendall, Martin and Edmondson stated they have been having that conversation with the Mayor for over two years and reminded Mayor Stacy that he had agreed to talk with Mr. Jones, and that they were under the impression that Mr. Jones had been talked to by the Mayor and he continued to behave in the same manner. Joe Wright, 1640 South Brumlow Avenue, Southlake. Mr. Wright stated "Things got mixed together tonight." All the people here tonight know that Mr. Jones is not going to be reappointed when his term expires in May." He asked that Council let him continue with his term. Wright stated there are problems on the Planning and Zoning Commission and that he feels they will work themselves out. He ask that the City Council take no action here tonight on this item. Carolyn Morris, 403 St. Charles Court, Southlake. Ms. Morris stated she loves Southlake and it is a "class" community. She stated, "We are not acting "class" tonight." She is applaud at the information that was passed out about one of our Councilmembers. She stated, "I cannot believe it. Rob Jones is giving this out to everyone. I just cannot believe that a Planning and Zoning member could attack a member of the City Council with things like this. It is unbelievable, Ms. Morris continued, "I did not know that you were considering removing him, but certainly after I have seen the action tonight and his action I don't see how he can continue to serve. His behavior would certainly be just cause for his removal. He serves at the pleasure of this board, and I cannot see how he would be serving at the pleasure of this board from what I have seen tonight. I think it is totally appalling that information of that nature go out against a member of our council. I have known Debra Edmondson since she has been on P&Z. Many of you know me from having spoken on The Dominion issues and other issues that I take interest in about our city and the development. I will say she always listens to the homeowners. She listens to the citizens. You all are listening to us and I appreciate you doing that. I have never seen any behavior such as what Mr. Jones published tonight. I don't think it is ethical for him to make this kind of attack against her. She certainly is a very dedicated Council person. I come and sit at this Council meeting many times when I make no comments at all. I come because I am very interested in our city and the development of it. I plan to live the rest of my life here and want to make sure it is a quality development, and it takes people who are willing to give their time and really spend a lot of effort, expense of their own and everything else to do the job of being a City Councilperson and I think Debra Regular City Council Meeting Minutes of February 16, 1999 Page 17 of 33 Edmondson is outstanding, I have seen it; she has always done her homework and I can't believe that Rob Jones would publish and give out information like this against a person on our Council." Kenneth Home, 1213 Ashmore Court, Southlake. Mr. Home stated he was disappointed tonight. He stated, "We act like we haven't gotten out of seventh grade." He is disappointed in Councilmember Martin as this is not his style. He stated he feels we are like the speedway, all cars running in the same direction, unfortunately, some of us don't have enough gas to make it to the finish line. Home stated, "This piece of paper here has been the deciding factor to me, we cannot have it. Whether it is for two months or two minutes, we are Southlake. It does not matter if Mr. Jones only has two months left of his term. Who will get to the finish line ladies and gentlemen?" Dr. Michael Tate, 914 San Saba, Southlake. Mr. Tate asked how many have prayed for the City Council members or the Planning and Zoning Commission this past week? "Everyone has made mistakes and that is evident by standing in the hall tonight. You cannot fix mistakes by continuing to argue." Dr. Tate quoted a verse, "A word spoken in anger leads to dissention," adding, "You cannot fix it all, there is going to be disagreements and differences of opinion." "Council has handled that in the past and will continue to handle it in the future. Things like this happen when we are under stress and tension and it is forgivable." He asked that Council handle this the best they can and go on. .lan Francis, 1211 Ashmore Court, Southlake. Ms. Francis stated she is disappointed in Mayor Stacy because she and the Mayor had a discussion about Rob Jones about six months ago, and she was led to believe that the Mayor would talk to Mr. Jones. "The Council asked the Mayor to talk with Mr. Jones and he did not, and at every P & Z meeting, Mr. Jones continues to insult the citizens and the P & Z members." Councilmember Kendall stated she is the one that during the work session suggested that Council take no action on this item. One of the reason she did that was that, hopefully, the discussions would not go where it has. She stated she does not want to create an image of disharmony or disunity. She said, "Joe Wright made the comment that there is only two months left of Mr. Jones's term and we should just let things rest the way they are." Kendall stated, "If that were possible, that is what I would like to do, however, I don't think Rob Jones is capable of conducting himself in a manner that is becoming a P&Z members. I think his behavior will continue to be dismptive. He obviously has a problem with Ann Creighton being the Chair of P&Z and working with her in that capacity and I do not see a change in that." Councilmember Gary Fawks said he agreed with Ms. Kendall. Fawks stated, "I don't find it to be tasteful to have to talk about volunteers in a form such as this. Mr. Jones has consistently over two years of service portrayed a complete disrespect to citizens who come before them, and to his fellow commissioners and to Council. Mr. Fawks said, "We have had that conversation," and that he was disappointed that Mayor Stacy had not Regular City Council Meeting Minutes of February 16, 1999 Page 18 of 33 taken some action. He said the Mayor will bear the blunt of whatever comes out this evening because Council had asked him one year ago to talk to Mr. Jones." Councilmember Moffat asked Fawks how many times he talked with Mr. Jones. Fawks replied he hasn't because the Mayor wanted to talk with him for the Council. Dave Edmondson, 1306 Plantation Drive, Southlake. Mr. Edmondson asked Council to take a deep breath. He stated, "I think that Council in its wisdom made a decision before they came out here tonight that they would rather handle issues relevant to the employment or non employment of people who work for them in private. The process started in a way that it ought to continue." He stated Council should think about what they want to do publicly. For the City's sake, he asked Council to not do what they might do publicly. He urged Council to go home and sleep on it before making any decisions. He commented on new vs. old, "I hear that a lot and cringe every time I hear it because we are citizens of one community. We have a right to make honest disagreements without attacking each other because of our newness or oldness." He asked Council to consider his comments. Motion was made to remove Rob Jones from the Planning and Zoning Commission. Motion: Fawks Second: Kendall Councilmember Scott Martin apologized for his emotional outburst to the Council, to Ron Stacy and to the citizens of Southlake. He stated, "I believe in what I do here wholeheartedly. I spend countless hours in serious consideration of the items that come before Council. I rely heavily upon the appointees on the various boards and committees to do the preparatory work necessary for us to do the business of this city. I have supported Council in the appointments of a diverse group of appointees. I want the interplay of ideas and philosophies and opinions on my advisory boards. The one thing I have learned is that no man is an island onto himself. I have supported people of multiple viewpoints upon the boards. I support those people who have a difference of opinions. I do expect them to be respectful and to work hard and to show up. I expect them to show respect to the other members and to the citizens. I called Rob today and told him I wanted to apologize for what was said. This is coming from me and not from anyone else. This is not the end nor is it the beginning, it is just one more straw upon the camels back that has been swaying for a long time. After the first night of Mr. Jones' appointment, those who observed his behavior were taken aback and began to consider if a serious mistake had been made. We attempted to discuss these issues in executive session. When I requested this item be placed on the agenda, it was with the direction that it be placed on the executive session agenda and worded in such a way that it said to "consider the behavior and removal," and somehow, not from my directive, it was placed not on the executive session summary and not worded that way. I don't know how that happened, and the discussion of behavior was the base of our problems with this appointee." Regular City Council Meeting Minutes of February 16, 1999 Page 19 of 33 Councilmember Edmondson stated, "I planned to say nothing about any of this, but since it looks like we are going to take a vote, I need to make some comments. It does sadden me to think that Mr. Jones and those who assisted him, would have so much personal malice against me that they would go and file a false complaint. For the record, not one of the new comanissioners (there were three, not counting Ms. Creighton) were even consulted prior to this filing of the complaint. The complaint was faxed to both major newspapers, 24 hours before our City Attorney even received a copy. Mr. Jones has indicated tonight, that even though we have on paper from the three new commissioners, statements essentially saying I did not do what the paper which Mr. Jones apparently passed out to all of you tonight, that I did not do what is on the paper, he insists on moving forward." When I thought we were going to vote on this tonight, I had not even thought of abstaining on the vote; not abstaining because I have done nothing wrong and I still believe that we have adequate proof, in so far as verbiage, indicating they had not been approached by me regarding the appointment of Ann as chairman. Mr. Jones indicated he would like one councilmember to add that to the agenda, whether or not that happens, it is one of the six councilmember's call. I got elected by 2:1 vote not to be intimidated by people like Rob Jones who nm to the press with false accusations. So many of you have come up here tonight to talk about my integrity and I really appreciate that. If I did anything less than abstain it would not be appropriate. I will have to abstain on this vote." Councilmember Ralph Evans stated, "Since we have one person who is abstaining, and waiting a while, I think it is good for all of the Council to take this same attitude." Councilmember Kendall stated, "If we could get a commitment from Mr. Jones that he will be cordial and do the fight thing, I would be glad to comply with Councilmember Evans comments." She stated she does not see things getting better. Mayor Stacy stated, "We have heard from many people both for and against the issue of Rob Jones. He feels Council should not take action tonight on the Rob Jones issue. Council adjourned for recess at 9:20 p.m. Council returned to open session at 9:30 p.m. Councilmember Kendall said, "It was Council's understanding that the Mayor was going to talk to Rob Jones. I felt like he had done that and that Rob Jones was ignoring the Mayor and doing his own thing. If that is not the case, maybe it is more fair in this situation, now that Rob Jones knows there is a problem with his behavior, to give him a chance to correct it. Council had a wrong assumption that he had been notified of the problems." The motion and second motion were removed. Motion was made that no action be taken on Item #6-B tonight. Motion: Kendall Second: Evans Regular City Council Meeting Minutes of February 16, 1999 Page 20 of 33 Ayes: Kendall, Evans, Fawks, Moffat, Martin, Stacy Nays: None Abstention: Edmondson Approved: 6-0-1 vote (to take no action). Agenda Item #7-A, ZA 98-152, Site Plan for Panorama Place, Phase II ZA 98-152, Site Plan for Panorama Place, Phase II, on property legally described as a portion of Tract 5A situated in the W.W. Hall Survey, Abstract No. 695, and being approximately .089 acres. Current zoning is "O-1" Office District. Applicant: Panorama Properties, Inc. Owner: John Cole. Zoning Administrator Karen Gandy stated fourteen (14) notices were sent to property owners within the 200' notification area and one (1) response was received from John L. Cole, 5001 Spring Valley Road, Suite 1100 W, Dallas, in favor of "quality use of the property." The applicant has met the requirements in Site Plan Review Summary No. 1, dated December 11, 1998, and Site Plan Review Summary No. 2, dated January 29, 1999, with the exception of those listed in Site Plan Review Summary No. 3, dated February 12, 1999. Will Edgington, Panorama Place, Phase II. Mr. Edgengton said they appreciated the opportunity to represent their site plan tonight. He noted they did change some of the parking by taking out two parking spaces, which enabled them to save two trees. He consulted with Keith Martin about saving trees and agreed it would be better to install new trees rather than try to save the existing tree. Councilmember Scott Martin thanked the applicants for reconsidering the site plan. He discussed the position of the wall packs. He expressed concern about how the light spillage would be kept away from the residences. When the time comes, they need to select fixtures that will protect the residents from the light. Councilmember Fawks also expressed concerns with the lighting. Serge Goldberg, partners with Panorama Properties, was present to answer questions. Councilmember Ronnie Kendall stated she feels that they should maintain the fence between their buildings and the residential property to the rear of their lots. Mr. Edgington stated they do not have a problem maintaining the fence, however, they have met with the property owners and they are working out an agreement for maint~(~ning the fence. PUBLIC HEARING: No comments were made during the public heating. Motion was made to approve ZA 98-152, pursuant to staff Plan Review Summary Letter #3, dated February 12, 1998; Comment #2 to be allowed as presented; and acknowledge the applicant's agreement (under comment #4) to provide the written maintenance Regular City Council Meeting Minutes of February 16, 1999 Page 21 of 33 agreement with the adjacent property owners for the maintenance of the fence; acknowledging the commitment to not place any lighting on the building higher than the screening fence; the applicant has agreed to off-set the required buffelTards to the south. Motion: Martin Second: Evans Ayes: Martin, Evans, Fawks, Kendall, Moffat, Edmondson, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-B, ZA 98-101, Site Plan for Lot 3, Diamond Circle Estates ZA 98-101, Site Plan for Lot 3, Block 3, Diamond Circle Estates, on property legally described as being Lot 3, Block 3, Diamond Circle Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-177, Page 7, Plat Records, Tan'ant County, Texas, and being approximately 1.02 acres. Current zoning is "O-1" Office District. Applicant: James A. Zimmerer. Owner: 2 Diamond Ltd. Zoning Administrator Karen Gandy stated twelve (12) notices were sent to property owners within the 200' notification area and one (1) response was received from Rich O'Day, 921 ErneraM Boulevard, Southlake, The applicant has met all requirements in Site Plan Review Summary No. 1, dated September 11, 1998; Site Plan Review Summary No. 2, dated November 13, 1998; Site Plan Review Summary No. 3, dated December 11, 1998; and Site Plan Review Summary No. 4, dated January 29, 1999, with the exception of those in the attached Site Plan Review Summary No. 5, dated February 12, 1999. Gary Yarbough, 620 $outhlake Boulevard, Southlake, Remax Real Estate. Mr. Yarabough, manager of ReMax Lonestar. He introduced Mike Wright, architect, Rich O'Day, Jim Zimmerer, the applicant and his wife Gloria, owner Southern Homes Realty, Inc., the actual owner of this property. Since the beginning of the project consideration, they have worked diligently with the SPIN group and the immediate neighbors. He noted the discussions with homeowners have ranged from the color of roof to brick, to major changes in landscaping at the recommendation of the homeowners. They plan to add four trees to the homeowners property in order to provide screening from their building. They have agreed to put a full eight foot fence in place to accommodate the homeowners. They have agreed to low-level lighting part of the package. They are intending to put the lighting at a level of 5' which will put it 3' below the brick wall. They have also agreed that the lighting would be shut-off at 9:00 p.m., the only time the lighting would be used later in the evening would be because of motion detectors. They have agreed to share a driveway with adjacent property owner so as to not create a second curb cut along F.M. 1709. This is in compliance with the agreements Council made some years ago. They have also agreed to provide parking for all of the building and property to the west. Regular City Council Meeting Minutes of February 16, 1999 Page 22 of 33 Mr. Yarbough asked for a variance to allow for encroachment on the north side of the building. The City informed them that one comer of the building has an encroachment. If it is the City's desire they could cut the comer off. They do not desire this as they feel it would take away from the look of the building. Councilmember Gary Fawks informed Mr. Yarabough that the notary public on the common access easement presented is not legal as a man cannot notarize his wife's signature. Mr. Yarbough stated he will have the documents re-signed and properly notarized. PUBLIC HEARING: No comments were made during the public hearing. Rich O'Day, 921 Emerald Boulevard, Southlake. Mr. #'Day stated Mr. Yarabough has worked well with the homeowners. He has no problem with the slope height. A discussion was held regarding the building materials. Motion was made to approve ZA 98-101, pursuant to Site Plan Review Summary letter No. 5, dated February 16, 1999; waiving Item #3, accepting the building height as presented; providing the 8' brick fence; adding the applicant's agreement to plant 4" trees on the property to the rear of his property; adding, low level lighting to shut off at 9:00 p.m. with low level motion detectors; approving the roof materials as noted in charcoal gray. Motion: Martin Second: Evans Ayes: Martin, Evans, Fawks, Kendall, Moffat, Edmonds#n, Staey Nays: None Approved: 7-0 vote Agenda Item 07-C, Ordinance No. 693-A, 2nd Reading, Revising the Uniform Building Code, Excavation and Grading. Director of Public Safety Billy Campbell presented Ordinance No. 693-A, for second reading, noting excavating and grading activities are currently being executed before the issuance of a building permit or before formal development approval. These activities, at times, have created and have disturbing effects for water, land, and vegetation. Campbell stated they are requesting an amendment to the Uniform Building Code that would reduce the number of exemptions to a grading permit in order to bring this type of work into compliance with the City's position in caring for our trees and drainage. By requiring a permit for earthwork contractors, the channels of communication can be opened early in the construction process, long before the building permits are issued. A standard excavation and grading application form has been prepared which includes a note requiring an erosion control exhibit. The information requested on this form will provide staff with needed details to approve or disapprove the earth work to be performed. Regular City Council Meeting Minutes of February 16, 1999 Page 23 of 33 PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Ordinance No. 693-A, 2nd reading, as presented. Motion: Martin Second: Edmondson Ayes: Martin, Edmondson, Evans, Fawks, Kendall, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-D, Ordinance No. 734, 2na Reading, Rate Schedules for Texas Utilities Electric Company Assistant City Manager Shana Yelverton stated the City of Southlake received an application for approval of a "time of use" rate option for TU Electric Company customers. The program is intended to allow participating customers to plan and manager their energy usage to shift their loads from peak to off-peak periods. Yelverton stated, "Given the pricing period structure, i.e., the lower unit cost per kw hour during non-peak months and hours of the day, it is not anticipated that this rate structure will have mass appeal." Should the program attract a high number of TU customers, it is conceivable that it could affect the City's franchise fee collection which is based on 4% of the company's gross receipts. John Dipple, representative of TUElectric. Mr. Dipple said for more information contact 1-800-242-9113. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 734, 2nd reading. Motion: Martin Second: Fawks Ayes: Martin, Fawks, Kendall, Moffat, Edmondson, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item #8-B, Ordinance No. 480-305~ 1st Reading, Chesapeake Place. Ordinance No. 480-305, 1st Reading (ZA 98-118), Rezoning and Development Plan for Chesapeake Place, on property legally described as Tracts 4A, 4A8, 4A9, 4B, and 4E2, situated in the J.G. Allen Survey, Abstract No. 18, and being approximately 54.95 acres. Current zoning is "AG" Agricultural District with a requested zoning of "R-P-U-D" Residential Planned Unit Development District. Applicant: Four Peaks Development, Inc. Owners: Ranchland Leasing Co, Inc., Seyed M. Mirtaheri, and Michael and Laura Musgrove. Zoning Administrator Karen Gandy stated seventeen (17) notices were sent to property owners within the 200' notification area, nineteen (19) were sent on the second Regular City Council Meeting Minutes of February 16, 1999 Page 24 of 33 notification with six (6) responses received from: Joe Pipes, 2828 Cresthaven, Grapevine, in favor; K. Wayne Lee, 3220 West Southlake Boulevard, Southlake, in favor; Alan Jackson, Property Manager, St. Martin-In-The-Fields Episcopal Church, Southlake, in favor; Josh Davis, P.O. Box 14038, Fort Worth, in favor; Larry N. White, President Eagle Contracting Corporation, 607 South Pearson Lane, Keller, in favor; Pictor Conrad, 1500 Trinity, Huntsville, Al., undecided. See the zoning file for additional notices received from property owners outside the 200' notification area. Tom Matthews, Four Peaks Development, Inc. and Ranchland Leasing, Co., Inc. Mr. Matthews stated in the PUD Ordinance, a maximum density of 1.8 units per acre is allowed and they are proposing 1.7 units per acre. The PUD ordinance requires a minimum of 10% of the land be set aside as open area. They are proposing just over 12% of land be set aside as open area. In both cases they have exceed the requirements in the ordinance. Matthews stated he has had very good cooperation with the adjacent homeowners. Pursuant to the meeting with St. Martin-In-The-Fields Church, they have worked out some things with them regarding drainage improvements. He commented that this is very, very flat land and with the drainage improvements they have increased the usability of the church land. They have agreed to deed restrict the fencing in order to work with the church. Councilmember Gary Fawks discussed the open space and park area. PUBLIC HEARING: Laura Musgrove, 2139 Union Church Road, Southlake. Ms. Musgrove said when they were first told about this development, they hadn't thought of selling their property to them. One of the things that concerned them about the property is the drainage. The children could not go out and play for days after a rain. The people who live in the area want to stay in the area. They are planning to sell their property. The people want a park but mainly they want the drainage fixed. This development will help the entire area. Bob Bess, 223 South Pearson Lane, Keller (Church address). Mr. Bess stated he is a member of St. Martin's church. They are happy with the plans being presented. He referenced the drainage problems and noted that when the church develops, this will enhance the area. Martha Horton, 320 Brock Drive, Southlake. Ms. Horton stated she has lived in that location for thirty years. She is thrilled with this development next to her. They are extremely pleased with the plans. Flo Lawrey, 2017 Florance Road, Keller. In support. Reverend Frank Reeves, 223 South Pearson Road, Keller (Church address). In support. Regular City Council Meeting Minutes of February 16, 1999 Page 25 of 33 dimmie Slough, 212 South Pearson Road, Keller. Ms. Slough stated they have over one and one-half acres and have lived there for twenty years. They are very happy with this plan, however, they want a brick and wrought iron fence put in by the developer. Marshall Slough, 212 Pearson Road, Keller. Mr. Slough stated he spoke with the developer regarding the lights that will shine into his house. The developer stated he will put in some shrubs at the house at the end of the road. He asked, "Where are people going to park that go to the park?" He also asked who will maintain the fence around St. Martin Church. Tom Matthews stated the homeowners will maintain the fence. Bob Couch, 2535 Union Church Road, Southlake. Mr Couch stated, "We have a big need for this subdivision. The drainage is so bad out there. He would also like to see a sewer line near his house so he can tie onto it. Mr. Couch stated this property has never had a tree on it, and now with this development, there will be three trees per lot according to the developer. Miriam Moore, 6637 Ridgetop Drive, Watauga. Ms. Moore stated they are thrilled to have beautiful homes around the church. "When we see a new church going up and a development of homes, the City Council will also be thrilled." They appreciate the efforts of the developer in working with them. They agreed to a lx6' shadow box fence, however, they still need four 4" trees for screening. Wayne Haney, 400 Brock Drive, Southlake. Mr. Haney stated he is the representative for SPIN #15. He noted there have been two SPIN meetings on this subject and the developer has been very cooperative. At the first meeting they had fifteen residents. This issue has been very noncontroversial for this part of Southlake. A comment was made indicating the need for large lot sizes and they are in favor of it. Tom Matthews stated he proposed landscaping to block the head lights on Mr. Slough's house. In response to parking at the park, they have been told the parking lot at the church can be used for the park as well. Councilmember Scott Martin commented on the size of lots adjacent to the north and south boundary of the addition. Councilmember Wayne Moffat stated his concerns for this subdivision are qualify of life issues for this area and referenced a tax situation. Motion was made to deny Ordinance No. 480-305, 1st Reading. Motion: Martin Second: Fawks Ayes: Edmondson, Fawks, Kendall, Martin Nays: Evans, Moffat, Stacy Approved: 4-3 vote (to deny) Regular City Council Meeting Minutes of February 16, 1999 Page 26 of 33 Agenda Item #12, Adjournment Motion was made to adjourn this meeting and to be continued the meeting on February 22, 1999 at 7:00 p.m. Motin: Fawks Second: Martin Ayes: Fawks, Martin, Edmondson, Evans, Kendall, Moffat, Stacy Nays: None Approved: 7-0 vote (to continue the meeting on February 22, 1999 at 7:00 p.m.) Time: 11:50 p.m. REGULAR CITY COUNCIL MEETING CONTINUATION MEETING FEBRUARY 22, 1999 FROM FEBRUARY 16, 1999 COUNCILEMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Scott Martin; Councilmembers Rounie Kendall, Gary Fawks, and Debra Edmondson. COUNCILMEMBER ABSENT: Wayne Moffat CITY STAFF PRESENT: City Manager Curtis Hawk; Assistant to the City Manager Shelli Siemer; Director of Community Development Greg Last; Zoning Administrator Karen Gandy; Director of Public Works Bob Whitehead; Deputy Directors of Public Works Ron Harper and Charlie Thomas; Capital Improvements Coordinator Shawn Poe; Director of Community Services Kevin Hugman; and City Secretary Sandra L. LeGrand. Agenda Item #10-A, Strategies for Extension of Infrastructure and other Development Incentives for the State Highway 114 Corridor Director of Community Development Greg Last presented strategies for the extension of infrastructure and other development incentives for the State Highway 114 corridor. He stated, "With the continued progress of S.H. 114 we anticipate heightened interest in the prime sites available along the corridor. There are several sites that have characteristics capable of attracting businesses of significant economic benefit to the City of Southlake as well as the County and State." Mr. Last stated there are various alternatives for motivating development including but are not limited to, the following: infrastructure installation, tax abatement, fast-track approvals, dedicated staffing, and employee training programs. The information presented by Mr. Last is hereby attached to the minutes of this meeting. During the discussions, it was suggested that one test case for fast-tracking would be the U.S. Post Office in the new Town Square development. Councilmember Martin stated he Regular City Council Meeting Minutes of February 16, 1999 Page 27 of 33 does not want to see the city get bogged down on the zoning process when we are fast- tracking a project. Councilmember Debra Edmondson said there is a need for specific criteria of qualifications for fast-tracking, stating, it might be necessary to update the criteria every two years. No action was taken on this issue, but Council directed Mr. Last to go forward with the process. Wayne Haney, 400 Brock Drive, SPIN #15 Representative made an appeal to the City Council to reconsider an item that was denied during the first part of this Council agenda. He stated this item has generated a considerable amount of telephone calls and he feels it would be in the best interest of the City to reconsider this case. Haney stated the people are feeling like they did not get a proper hearing and the points they wanted to make to Council did not get made. Motion was made to reconsider ZA 98-118, at the request of the residents surrounding the property. Motion: Fawks Second: Kendall Ayes: Fawks, Kendall, Martin, Edmondson, Evans, Stacy Nays: None Approved: 6-0 vote (to reconsider ZA 98-118) Agenda Item #8-B, Ordinance No. 480-305, 1st Reading (ZA 98-118), continued from page 24 of the minutes Ordinance No. 480-305, 1st Reading, Rezoning and Development Plan for Chesapeake Place. Tom Matthews, Four Peaks Development. Mr. Matthews stated to Council and the audience that this is a new plan as the result of Four Peaks listening to the Council and to the property owners during the earlier Council meeting where this item was denied. This plan has come about in the effort to accommodate the land owners, also it is an effort to help resolve the drainage problems for the adjacent property owner and the residents in the area who have had to live with the problem for many years. Also in an effort for the developer to help recover some of their costs and expenses. Matthews stated the following concessions that have been made: In response to reduced density, they have reduced the number of lots from 92 to 80 lots; Decrease in the project density from 1.7 to 1.46; In response to the request to increase lot sizes, they increased the lot size from 17,968 sf. to 18,878 sf.; and Regular City Council Meeting Minutes of February 16, 1999 Page 28 of 33 In response to do more for the park and open space, they have taken most of the area of deleted lots and put the space in park area, increasing park size from 6.89 acres to 11.29 acres or 20.45% of the project. In making these changes they do include the follow caveats: 1) City indicated it is their plan to make improvements to Pearson Lane and Union Church Roan and by doing that they would address the off-site drainage. Therefore, the City would continue to accept the responsibihty for the off-site drainage. 2) City will accept the open space as park in its rough graded condition. 3) City and its engineering department will accept the design of the drainage channel. Mr. Matthews stated Four Peaks Development will not develop this property but will forward it to a developer/builder. He stated the plan is viable and it will be done by a very quality developer. At this point they are trying to come forward with a plan that everybody can move forward on. Matthews was asked by Councilmember Edmondson if he could outline the bufferyards and he stated he could not at this time. Councilmember Martin asked Matthews to address safety issues around the 4' drainage ditch and was told it would be by the use of a chain length fence. Director of Public Works Bob Whitehead stated, with reference to the drainage culvert and with the general approval of the concept of the park, it will end up similar to Bicentennial Park. The concept is one that will work. Mr. Matthews stated they will work with staffon this issue. Councilmember Scott Martin stated one of his more serious problems with this property is the elimination of the property shown on the Land Use Plan that is already zoned appropriately as commercial. The City has become very sensitive in that hundreds of citizens have come forward and said we need commercial enterprises in appropriate locations and that those should be at intersections. He stated he was disappointed that the developers were taking retail sales tax property and making it into five lots that will not provide sales tax to the city as a generator. PUBLIC COMMENTS: Scott Pannell, 345 South College Street, Keller. In support of this request. Margaret Bartlett, 6872 Hickory Hollow, North Richland Hills. In support of this request. Phyllis Bess, 7600 Ridgeway Avenue, North Richland Hills. In support of this request. Lyndall Harrison, 1904 Water Lily Drive, Keller. In support of this request. Henry Penner, 7012 Oak Hills Court, North Richland Hills. In support of this request. Andrea Greenwood, 210 South Peytonville Ave., Southlake. In support of this request. Sheila Scaggs, 1718 Redwing Drive, Southlake. In support of this request. Regular City Council Meeting Minutes of February 16, 1999 Page 29 of 33 Shirley Garrity, 710Aberdeen Way, Southlake. In support of this request. Mike Musgrove, 2139 Union Church Road, Southlake. In support of this request. Laura Musgrove, 2139 Union Church Road, Southlake. In support of this request. Miriam Moore, 6637 Ridgetop Drive, Watauga. Ms. Moore stated she is a resident of Watauga and a member of St. Martin's-In-The-Field Church. She said many changes have been made to meet the desires of the citizens. They do not want more commercial around their church. They want to restrict the commercial use. She noted the only services they get fi.om Southlake is police and fire protection. The other items need to be addressed and corrected. Martha Horton, 320 Brock Drive, Southlake. Ms. Horton stated she still has drainage problems on Brock Drive. She is in favor of this request. Alan Jack~on, 223 South Pearson Lane, Southlake (Church address). Mr. Jackson stated they support the project because of the drainage and sewer improvements that would be made to the area that will help them out as well, He stated the church gave the city a dra'mage easement. They believe that what the developers have planned is best for them. If this does not go through, they are going to petition for disannexation of the church property. Robert Bess, 223 Pearson Lane, Southlake. (Church address) Mr. Bess thanked the City Council for agreeing to reconsider this project, however, it disappoints him to watch the City Council because he feels they have closed minds. He urges the City Council to look at a comprehensive drainage plan. Bob Couch, 2535 Union Church Road, Southlake. Mr. Couch encouraged the City Council to pass this 1st Reading for zoning of the property. Councilmember Gary Fawks asked the City Manager to comment on the issues that have been made. City Manager, Curtis Hawk commented on the annexation plan when the area was annexed around 1987. "This area is not unlike some other areas in town. One of the things the City said we would do in the Service Plan, is we would provide the same level of service that the remainder of the city was receiving. At that point in time, everyone was on septic systems, there was no sewer system. In terms of the sewer plans that we have, we have spent $3. million dollars making sewer available to this area of town. We do have an Interlocal Agreement with the City of Keller and that whole area can be provided sewer. And if developed, the whole area will get sewer because of the money the City of Southlake spent to get sewer to that area. We do not take sewer lines into existing properties, except for the process that occurred a couple of years ago, whereby slowly but surely, we started taking sewer to those areas of town where it has not yet been. We have not had the developments in this area to bring sewer to it. In terms of the water issues, and the water line on the west side of Pearson, the developer will bring a water line that will connect at that time. We have approximately 300 water customers in Regular City Council Meeting Minutes of February 16, 1999 Page 30 of 33 Southlake served by Keller water and we cannot serve them water without first buying them out. We are doing everything that is provided in the Service Plan, it is just that the area has developed so slowly that we have not had the extension of some of those services, but the citizens are getting the services through our Interlocal Agreements. Drainage is an area that the City does not get into until the area starts to develop." Councilmember Edmondson stated, "They have made several changes, although last Tuesday evening was an extremely interesting evening, and I voted "no" to this project because I did not like the way the project was put together at all, for many, many reasons which I will not go into at the moment." Ms. Edmomdson stated, "It does appear that they have made some rather significant changes; doubling the open space to 12 acres, that cannot be ignored; reducing the number of lots; and reducing the density to 1.46. I did bring my information from the last meeting where they had done an analysis of the different PUD's (they did or staff did) and this is with the exception of Coventry and Monticello, I think this had a lower density number. This does not mean that I like the plan, all the way; I still have concerns about the fact that lots abutting low density on the Land Use Plan. As Gary pointed out, the lots abutting the low density on the Land Use Plan start are 24,000, 20,000, 18,000, 18,000 and 22,000. I have to think about that." Edmondson stated, "Another concern dealing with this is the way they are wanting to do the drainage. Anything less than what staff would recommend on drainage is unacceptable to me. Including steps, slopes, and the concrete ditch. Also I have a concern about the wall along Union Church Road. I think it needs to be brick. They have made some rather significant changes to this plan and based on that, and don't th'ink this means I would feel the same way on the second reading, and based on that I will support moving forward to the second reading." Motion was made to approve 1st reading on ZA 98-118, pursuant to the Development Plan Review Summary #3, dated February 12, 1999; that the zoning plan is contingent upon the plan before the Council tonight. Motion: Martin Second: Evans Councilmember Martin echoed the other Councilmembers' sentiments about the developer coming forward and listening to the Council concerns, as they are for everybody's benefit. He said, "We will develop the western end of F.M. 1709 as soon as we can and I don't want to see it crippled." Ayes: Martin, Evans, Fawks, Kendall, Edmondson, Stacy Nays: None Approved: 6-0 vote Council adjourned for recess at 9:50 p.m. Council returned to open session at 10:05 p.m. Regular City Council Meeting Minutes of February 16, 1999 Page 31 of 33 Agenda Item #Il-A, Discussion: Traffic Management Bond Program City Manager Curtis Hawk stated this item is for the Traffic Management Bond Program that staff has put together for Council. Initially staff was talking about a $10.5 million dollar bond program, however, staff has gone back and looked at the specific projects recognizing there were items that needed further review and some other issues like the trails. The program has gone from a $10.5 million dollar program to a $21 million dollar program. Lou Ann Heath, Director of Finance, went through the assumptions prior to Jim Sabonis, First Southwest Company, financial advisor, who presented the impact of the current CIP program and the street improvements. The financial alternatives were presented, noting the intent is to structure a bond package that will minimize or require no tax rate increase. Agenda Item #Il-B, Discussion: Amendments to Landscape Ordinance No. 544. Director of Community Development stated an amendment to Ordinance No. 544 was requested by Councilmembers Scott Martin and Debra Edmondson. Some of the significant revisions include the following: · Requirements for utilizing existing tree credits; · An increase in the minimum size of plant material required at the time of planting; · The tenants responsibility to provided continued maintenance in perpetuity of all landscape and irrigation; and · The elimination of credits which reduce the overall required amount of plant mater/al required for proposed developments. Director Last noted a work group composed of Councilmembers Martin and Edmondson, staff members Greg Last and Keith Martin, has met and discussed the revisions as proposed in the Draft Ordinance No. 4 dated February 9, 1999, presented tonight. Agenda Item #12, Adjournment Prior to adjournment, Mayor Rick Stacy stated, "This is a completion of a meeting started on February 16, 1999, and I am very proud to see this meeting end, but I would just like to say that there were a lot of things said in the first portion of this meeting that probably should not have been said and there were some harsh words said and I am very sad about that. I want to inform the public that regarding the allegations that were made against Councilmember Debra Edmondson, we have letters from three P&Z members denying those allegations. There is no one on this council that wants to pursue any ethics violation investigation. So we just need to put it to rest and go back to work, like we agreed the other night." The meeting was adjourned at 10:45 p.m. by Mayor Rick Stacy. Regular City Council Meeting Minutes of February 16, 1999 Page 32 of 33 ATTES~ ~andra L. LeGrand City Secretary \WP-FILES~vIINUTES\CC-M1N-2-16-99.doc/si Regular City Council Meeting Minutes of February 16, 1999 Page 33 of 33 City of South lake, Texas MEMORANDUM February 11, 1999 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Resolution No. 99 -04; Approving and Authorizing Publication of Notice of Intent to Issue Certificates of Obligation, Series 1999 Action Requested: Approval of Resolution No. 99 -04 as initial step to issue certificates of obligation for capital improvement projects. Background Information: The FY1998 -99 budget includes a capital projects component that i provides cost estimates and projected timing of water, sewer, roadway, drainage and building improvement /construction projects. Estimated project costs for FY1998 -99 are $16,647,593. Attached is a three -page summary of the projects to be funded. The City's financial advisor, Jim Sabonis with First Southwest Company, has recommended that the maximum amount of this Resolution be set at $17,030,000 to cover the projects and issuance costs. Once this Resolution is approved, the City may issue less than that amount, but cannot exceed it. The Resolution authorizes 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 the adoption of an ordinance, with the 1st and 2nd readings scheduled for March 16 and April 6, respectively. The City would receive funding in early May. A copy of the proposed schedule of events is included. The City is issuing certificates of obligation for these projects because the projects are more than the City can fund in one year from current revenues or other sources of funds. There are a number of large water and sewer infrastructure projects in the budget that will provide and improve service throughout the City. The budget also includes improvements to neighborhood street, drainage, and continuation of the neighborhood sewer program. Financial Considerations: Part of the certificates, $7,599,918, is for street and drainage improvements, and to purchase system -wide computer equipment and software to address year 2000 issues. This will be repaid through the City's ad valorem tax rate. These certificates will not affect the FY1998- 99 $.422 tax rate, and it is the City's intent to maintain the tax rate at the same level in the future within the planning parameters of the multi -year 5 -/ Curtis E. Hawk Resolution No. 99 -04 February 11, 1999 page 2 financial plan. The portion attributable to the drainage improvements, $959,559, may be repaid with revenues from the proposed Southlake Drainage Utility System rather than property taxes. The proposed System will be presented to the Council for consideration at the February 23, 1999 Special City Council Meeting. Approximately $7,009,455 is for projects that are part of the City's Impact Fee Study, and the annual debt service for this portion of the certificates will be repaid through collected impact fees. There is $2,038,220 in water and sewer neighborhood projects, which will be repaid through the City's Utility Fund. The remainder, $382,407, will be used for issuance costs as necessary, including accrued interest, 1% underwriter's discount, and bond insurance premium, with any excess remaining after all costs have been paid to be allocated to the projects. Citizen Input/ Board Review: The Resolution is the first step in issuing certificates of obligation. Citizen input or Board review is not a requirement of the Resolution, however a Public Hearing is scheduled for April 6 with the second reading of the ordinance to issue the certificates. Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such has prepared the Resolution. Alternatives: In the absence of issuing the certificates, capital projects would be funded on a pay -as- you -go basis. Budgets and the timing of projects would be prioritized based on the amount of revenue projected by fiscal year. Supporting Documents: 1999 Capital Improvement Program Schedule of Events Fiscal Year 1998 -99 Capital Projects listing Staff Recommendation: Approval of Resolution No. 99 -04, approving and authorizing publication of notice of intent to issue certificates of obligation, series 1999. Approved for Submittal to City Council: City ana s Office City of Southlake, Texas and Southlake Park Development Corporation (SPDC) 1999 Capital Improvement Program lsoWncs al: 1) City of Soutiaan. - Cerebeaas of Obligation. s.r o. 1999 (City Capital hnp.ewn.m Program) 2) City of Southlaa - Cart ricaeas of Obligation. Soria; 1999 -8 (TIF Capital Improvement Program) 3) Southlake Part Otivoioptirwint Corporation - Sala Tax R.v.nua Oonds. Seas 1191 Proposed Schedule of Events Complete By Day Event 25- Jan -99 Monday Regular SPDC Board Meeting SPDC Approves Resolution Declariag Intention to Undertake Project and Calling for a Public Hearing oa the Project (Nonce must be published 15 days before hearing and allow for a 50 day pennon process) I4- Feb-99 Sunday Publication of Notice of Public Hearing on SPDC Project 16-Feb -99 Tuesday Regular City Coarsen Meeting City Approves Resolution to Aatfotire Notice of Intent to fosse Certificates of Obligation. Series 1999 City Approves Resolution to Authorise Notice of Intent to Issue Certificates of Obligation, Series 1999 -8 r IS-Feb-99 Thursday First Publication of Nonce of Intact to Issue Certificates of Obligation. Sean 1999 First Publication of Nonce of Intent to Issue Certificates of Obligation. Serves 1999 -B 25- Feb-99 ) Thursday Second Publication of Notice of Intent to Issue Certificates of Obligation, Series 1999 Second Publication of Nonce of Intent to Issue Certificates of Obligation, Series 1999 -3 16 -Mar-99 Tuesday Regular City Connell Meeting 1st Reading of OrtGaaace to Issue Certificates of Obligation, Series 1999 1st Reading of Ordinance to Issue Certificates of Obligation, Series 1999 -B 6 - Apr - 99 Tuesday Special SPDC Board Mating Public Hearing on Project SPDC Approves Resolution Anthoriang the Issuance oldie Sales Tax Revenue Beads, Series 1999 Signing of the Bond Purchase Agreement '— Regular City Comma Meeting 2nd Reading of Ordinance to issue Certificates of Obligation, Series 1999 City Approves Ordinance Authorizing the Issuance of the Certificates of Obligation, Series 1999 2nd Reading of Ordinance to Issue Certificates of Obligation, Series 1999 -8 City Approves Ordinance Anthoriang the Issuance of the Certificates of Obligation, Series 1999 -B City Approves Resolution Approving tie Issuance of the SPDC Sales Tax Revenue Boats, Series 1999 Signing of the Certificate Purchase Agreements 9 - Apr - 99 Friday Attorney General Approves Certificates and Bond Sales 27 Apr - 99 Tuesday 4- May-99 Tuesday Closing of Debt Issues and Delivery of New Money Funds to City and SPDC ( "Bold arm indicate formal City Council sad SPDC Board action. 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Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Resolution No. 99 -08, Approving and Authorizing Publication of Notice of Intent to Issue Certificate of Obligation, Series 1999B Action Requested: Approval of Resolution No. 99 -08 as the initial step to issue certificates of obligation for the first phase of the Town Hall project within the Tax Increment Reinvestment Zone. Background Information: The agreement for architectural services and construction management services for the Town Hall project were recently approved by the City Council. The total for both of these agreements is $2.7 million ($1.2 million for the architectural services, $390,000 for the construction management fee and $1.11 million for the general conditions fee for construction management). An additional $800,000 is included for infrastructure and to provide funding to initiate the phased construction of the project. The par amount of the certificates is proposed at $3.61 million, of which $110,000 is for accrued interest, issuance costs, underwriter's discount and bond insurance premium. The Resolution establishes a maximum dollar amount for the certificates at $3.61 million. Once the Resolution is approved, the City may issue less than that amount, but may not exceed it. The Resolution authorizes 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 the adoption of an ordinance, with the 1st and 2nd readings scheduled for March 16 and April 6, respectively. The City would receive funding in early May. A copy of the proposed schedule of events is included. Financial Considerations: The certificates of obligation will be issued with a dedicated pledge of accumulated tax increment reinvestment zone revenues, and a backup pledge of the City's property tax. The repayment of the certificates will be structured such that interest only would be paid for the first few years, minimizing the initial outlays required. The reinvestment zone was created effective January 1, 1997, meaning that date is the baseline for the values within the zone. City, county, hospital district, and junior college district property taxes collected on the increment values after that date are dedicated to the zone, and will be used to fund the Town Hall and other infrastructure improvements within the zone. ct Curtis E. Hawk Resolution No. 99 -08 February 12, 1999 e2 Citizen Input/ Board Review: The Resolution is the first step in issuing certificates of obligation. Citizen input or Board review is not a requirement of the Resolution, however a Public Hearing is scheduled for April 6 with the second reading of the ordinance to issue the certificates. Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such, has prepared the Resolution. Alternatives: None available other than pay -as- you -go within the Tax Increment Reinvestment Zone. Supporting Documents: 1999 Capital Improvement Program Schedule of Events Staff Recommendation: Approval of Resolution No. 99 -08, approving and authorizing publication of notice of intent to issue certificates of obligation, series 1999B. Approved for Submittal to City Council: Ci an. ter' . Offic; City of Southlake, Texas and Southlake Park Development Corporation (SPDC) 1999 Capital Improvement Program lasuarin o1 1) City of SoutNab - Catleeaw of Obi Minion. Series 1!!! (City Capital improvement Program) 2) qty of Soul**. - Cerggleaw of Obligation. Sons. 1595-8 (TIF Calmat improvement Program) 3) Southlai. Pei Development Corporation - Sala Tax R.v.nw Bond., Seri.. 1955 Proposed Schedule of Events Complete By Day Event 25-Jan-99 Moody Render SPDC Board Meeting SPDC Approves Resolution Declaring Intentio. to Undertake Project and Calling fora Public Hearing ae tin Project (Notice must be published 15 days before hearing and allow for a 60 day pennon process) 14 - 99 Sunday Publication of Notice of Public Hearing on SPDC Project 16 - Feb99 Tuesday Rc ,Ian City C000l Mime City Approves Resolution to Antkoriaa Notice of Went as lone Certificates of Obligation, Seth 1999 City Approves Resolution to Authorize Notice of Ltst to Lane Certificates of Obligation, Series 1999 -B 18- Feb-99 Thursday First Publication of Nonce of Intent to Isnue Certificates of Obligation, Series 1999 First Publication of Notice of Intent to Issue Certificates of Obligation, Series 1999 -B 25- Feb-99 Thursday Second Publication of Notice of Intent to Issue Certificates of Obligation, Series 1999 Second Publication of Notice of Intent to Issue Certificates of Obligation, Series 1999 -B 16r1"Aar -99 Tuesday Resular City Council Mating 1st Reading of Ordinance to Issas Certificates of Obligation, Series 1999 1st Reading of Ordinance to Lune Certificates of Obligation, Series 1999 -B 6-Apr -99 Tuesday Special SPDC Board Meeting Public Hearing on Project SPDC Approves Resolution Authorising the Issuance of tie Sala Tax Revenue Bonds, Series 1999 Signing of the Bond Purchase Agreement Ree C)tv Council MeetiK 2nd Reading of Ordiunce to Woe Certificates of Obligation, Series 1999 City Approves Ordinance Authorizing tie Laurance of the Certificates of Obligation, Series 1999 tad Reading of Ordinance to barn Certificates of Obligation, Series 1999 -B City Approves Ordinance Aotioriaag tie Lsnanenof the Certificate of Obligation. Series 1999 -11 City Approves Resolution Approving tke -wane of the SPDC Sala Tax Revenue Bonds, Series 1999 Signing of the Certificate Purchase AgreaneKs 9 - Apr - 99 Friday Attorney General Approves Certificates and Bond Sales 27-Apr-99 Tuesday 4May - 99 Tuesday Closing of Debt Issues and Delivery of New Money Fonds to City and SPDC ( "Bold areas indicate formal City Comal and SPDC Board actin.. Prev.edbr Fink 3 2f1•99 February 16, 1999 6 Keith Shankland, Commissioner, Planning and Zoning 1 4 1704 Pecos Dr. Orr:�� c'?Y Eri Southlake TX 76092 Curtis Hawk, City Manager V Dear Mr. Hawk, I am writing to make it crystal clear that no one in City government, (Councilman, Mayor, City Staff or anyone else in any department), has ever called me to apply pressure to me. No one has ever asked me to vote in a particular way on any particular subject. No one has ever indicated that I owe them a vote or favor because they supported me for the Planning and Zoning Commission. The allegations that Commissioner Jones has made as they relate to me are completely false. I have been implicated by his statement in his formal request for an Advisory Opinion. It says in part, "one or more members of the incoming Planning and Zoning Commission were "urged" to vote for Ann Creighton as the new Chairman by the then recently elected Council member Debbie Edmondson..." Commissioner Jones' quote in the Fort Worth Star Telegram dated Saturday, February 13, 1999 further implicates me in some kind of "shake down." Again, these allegations are false. Commission Jones has spoken untruths and I am deeply sorrowful for what he has done. Sincerely, 44, Keith R. Shankland, Commissioner Sent by: WorkCenter 250 817 424 3791 02/16/99 4:47PM Job 71 Page 2/3 James D. Murphy [ H U E 660 Truelove Trail Southlake, TX 76092 FEB 1 6 1999 OFFICE OF CITY RETARY Sent via facsimile I ebruary it), 1 999 `(embers of the City Council Mayor Rick Stacy ('ity of Southlake 667 N. Carroll Ave Southlake, TX 760 Subject .Agenda item for the removal of Rob Jones from the P &( 1 adies and Gentlemen I'm sorry I unable to be here this evening to directly address you cm this i ssue 1 do think it important to offer this letter in my stead. i am opposed to the action you contemplate this evening and urge you to table this item to a later date As a date, sometime in May would work just line. The election season is upon us and members t including Rob) of the current P &Z are at the conclusion of their two year terms I would ask you to let the electoral process take place and consider new appointments in due course I believe that removing a commissioner at this time is unwise and will impact the ability of our commission, and you to serve the citizens, our sole purpose 1 believe further that the action contemplated is wrong, mean - spirited and very clearly politically motivated. without any regard whatsoever for the effect such an action may have on Southlake's residents. I've read comments from several (it in the papers over the last week regarding Rob's alleged behavior at meetings. Not one of you however, has contacted me to inquire about whether i feel it's affected our ability to perform our duties - Rude - and "threatening; ", no Does Rob sometimes ask difficult questions`' Is he blunt'' Yes. deinitely. But I don't find it disruptive and t don't think it justifies his remov i served with Rob fur two years now and 1 don't find him one bit different today than when he was first appointed Why then do you contemplate this now'' 1 'h‘ do you tied 11 necessary to act tonight'' I have viewed now several times on community access I'V the proceedings from the P& /.'s February 4. I9o)9 meeting, which apparently precipitated a flurry of both by Sent by: WorkCenter 250 817 424 3791 02/16/99 4 :48PM Job 71 Page 3/3 Rob and against him. I think there is enough evidence to suggest Rob's subsequent actions (ethics allegations) were provoked. 1 think apologies are in order all around l condone neither Rob's action, the comments of the P &Z Chairman nor Council's action this evening. I think we all need to get back to work on important city business. Consider new appointments to the P&?_ after the May 1 election. It is the only common sense, productive, community- friendly action to take at this time l hope you'll consider my request Respectfully submitted: s U. Murph ce- Chairman, Planning and Zoning Commission FEE. 16.1999 1:53PM JJM NO. 737C P. 1/1 Richard B. Ponder 1200 Sabine Court Southlake, Texas 76092 February 16, 1999 To: Southlake City Council: Though I could not attend the City Council meeting tonight, I wanted to publicly go on record in support of Councilwoman Debra Edmondson and her efforts on the SQuthlake City' Council. As evidenced in the City Council elections last year, Ms. Edmondson has a broad base of community support. She is also a well respected and admired leader. Ms. Edmondson has proven to me and many others that she is a person of integrity and can be trusted to represent those of us in the community who do not have the power or influence to affect City Council decisions and other civic matters. My family and I are extremely grateful that Ms. Edmondson is willing to serve on the City Council and want to thank her for representing the people of Southlake, Richard B. 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Z / , :,'----7- ::; , ■$::,.:?' '-' fx:a '- ' , T;;L:A:.: Ae' . a NiAa4gaiOA*44,4e*MALUtdleZettWS*.:C.44;a140S316=gibit6Maga,:g*.rs.**L-44:**StIve.,,tvatlibatfpz*illA.1:!54"*MR--.W14;;OFS 1 ! a . f c • • I! 1 GV021! Haelf1HD \IOINI ,6-17*-17c6 - 176L - cl `Z89g*A - .1.11S3 *M $ NOLLV3IC1]Cl . M . 0 . 8 .........., C.0 r " 1 r r,,,, :, c- 7: r., :7, c .,7 ir: L 1 , .., FOUR PEAKS DEVELOPMENT, INC. 726 Commerce St., Ste. 109 Southlake, TX 76092 817- 329 -6996 February 10, 1999 Councilmember Wayne Moffat 1414 Whispering Dell Ct. Southlake,TX 76092 Dear Councilmember Moffat: Enclosed please find the following items pertaining to the CHESAPEAKE PLACE Development which will come before you on Tuesday evening, February 16, 1999. Included in the packet are the following: 1. A reduced aerial photo of the southwest quadrant of Southlake bordered by Union Church Rd. and Pearson Lane. The significance of this photo is depicted in red, defining the portions of this area, which are currently zoned in the Master Land Use Plan or operate as Non - residential uses. Although in the Land Use Plan as Low Density, at least two variances have recently been approved in this area. The Remington was zoned in July of 1998 as well as Snow's Natatorium in May of 1996. Most recently, the Planning and Zoning Commission approved commercial zoning for a nursery on Union Church Rd. in November of 1998. We feel our development will help preserve a sense of residential quality in the southwest quadrant of Southlake. 2. A plat of Chesapeake Place with actual views of the commercial businesses surrounding the development. In addition, the photographs along the bottom of the plat depict the drainage challenges on this piece of property. 3. A letter from the Keller Independent School District, which as you know, provides the education in this area of Southlake. The Keller ISD states in this letter that they have seen the plan and have no objections to the subdivision. Furthermore, they state they have no plans for this property. 4. A copy of the Annexation Service Plan adopted on January 12, 1988 in Ordinance 387. We have highlighted portions of the plan which promise city services to this area of Southlake . In particular, the capital expenditures enabling water service to this area have never been made. We feel this is pertinent, because Four Peaks Development will significantly contribute to the deliverance of this plan through the infrastructure improvements that will be made at Chesapeake Place. 5. A letter from St. Martin in the Fields Episcopal Church with whom we have been working very closely to relieve the serious drainage problems that their property currently has. The church and its leadership are in favor of this development to enhance this quadrant of Southlake. 6. A sample park design placed on the open space dedication for a neighborhood park. Combined with the St. Martin in the Fields' open space, the effective park totals near 11 acres. The Park Board recommends accepting our open space as a public park. The church leadership has verbally assured us that the use of their parking lot to accommodate the park will be available. The Vestry will bring forth a letter of approval at their next meeting. We enclose the attached materials to show that, in our opinion, the current Land Use Plan in this quadrant of the City of Southlake is wrong. In fact, in our conversations with City Staff and through our due diligence, we have discovered that this quadrant has remained unchanged over the past two Land Use Plan revisions, with little to no discussion or thought. Although this area remains in the Low Density Land Use designation, it is surrounded by commercial development, it is served by Keller Schools, it has no city services, it has no natural resources such as trees, streams, etc., and it is bordered, in Keller, with 6,000 -8,000 square foot lots. It is what it is, in our opinion the economics of it dictate it will never be developed as low density. We propose to bring a residential community, with a neighborhood park, city services and a solution to the severe drainage problem to surrounding neighbors. We implore you to search your sense of reason by approving Chesapeake Place on its merits, and not by denying it based on a Land Use Plan, which should perhaps be reconsidered in this area. Thank you in advance for your careful consideration. Please feel free to call me if I can answer any questions you may have before Tuesday's meeting. Sincerely, Tom Matthews Four Peaks Development ......._„„ ,„ ,.... .,.. . . , c , . , . 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W I I " . � i. 1 N \ . ' � . " J / � . . I 1 I. 1 "a _4 4 w . ✓ N _ 1 - .,;, -, I , ti 1 —'— _ I II ,, — e _ X� ''a �� �R a 1 m' I .r.. Yy = aut .o 1 .... e r"t:a :croon HO2 • 1 1 Pi n F Nouvol¢3P wow 1 1 r T9 t I ' _ 5 _� -z'F s - I-- Ant F ... 1 : 1 , y o, t Cv: I � I 7 I A � I 10 .' + 1 k I n F � � I �" ! R 8 . 'a or o I � ' 1 X 54 I � d � 1 y 1 � ` �a "2 3 5 'Ng § r . g i 3 1 3 io noave — ' N C:;. r ..w+._ .s E p E N D K * ^rrv, N OFFICE OF THE SUPERINTENDENT OF SCHOOLS K E " % LSE R. KELLER INDEPENDENT SCHOOL DISTRICT c o ti O 0L D I S 304 LORINE STREET BOB TEMPLETON KELLER, TEXAS 76248 COORDINATOR OF DEMOGRAPHICS AND PLANNING PHONE. 817-337-3294 FAX 817-337-3264 To: Southlake Planning and Zoning From: Bob Templeton Subject: Chesapeake Place (ZA 98- 118,119) The Keller Independent School District owns approximately 30 acres on Union Church east of Chesapeake Place. The Keller school district has no current plans for the site. 3 The Keller school district has no objection with the development. Thank you for the notification of the development. I will follow the requested action through final approval. Sincerely, g c 7140 Bob Templeton Keller I.S.D. Demographics and Planning C • _ L - -o J =- L W d' Z - - , __ L N" 8 __,„,„. ____ , _ ..._ , , z . r Kimball - j : 1 --, -- __________-___-7-- i �� � I ; '1-- CL , . i -V i _ _ Imo--- � p L _ _ F_. _,� __{ -- t- ,. a) 1� - III t- 8 � 7 , - I - I, - — �� - - T J — _ �I �hi Ch_a el - _ ` _ J -- p I �i _ ' I �- , -- , I F i ice ' y w 7 r � ! I- n i III - r k�' t l �4— .;_ , 7 L I-- r 1 : 1; [ ' ' 47„ ' ..,,-, -; --.- -. j_ i a 4 .-.....' '/,'-,t,' ..-0 ^ - - [ T Lf �1 I �, � �� \ `�`\ \ti -� ~_ 1 ! ( - ---1-- �� • � � ✓'�i ‘1-1 `.��LL�' '� -'I INCENTIVE OPTIONS February 2, 1999 I. ADMINISTRATIVE ASSISTANCE A. Fast -Tack Processing B. Dedicated Staffing II. INFRASTRUCTURE ASSISTANCE A. CIP Acceleration B. Reimbursements III. FEE WAIVERS A. Building Permit B. Plan Review C. Construction Inspection IV. TAX INCENTIVES A. Real Property B. Personal Property V. EMPLOYEE TRAINING ASSISTANCE A. Hiring / Promotional Assistance B. On -going Training 1998 Land Use Plan Distribution Percentages of Developed vs. Undeveloped Floodplain ROW 6.06% Land Uses Industda12.28 % ',. 3.33% / COE Mixed Use 5.16% Public Parks/Open Space 12.08% — 1.47% Publlc/Se Public Retail Commercial 324 rn 3.54% Office Commercial 4, 2.28 K1 Low Density Residential 32.91% . - Medium Density J Floodplain Residential „ 27.64% 7% OFloddplain vacant 0 ■ Floodplain ' developed 93% Corps of Engineers Public Parks /Open Space Public /Semi - Public 0% :a Public Parks/Open Space, v acant 1 I 38 •Publid$emi 42 %0 Public vacant III ■COE vacant ' .. 5 °/d o de elop open Space o ■Publiuseme ■ COE devebped 62 /o Public developed 100% Low Density Residential Medium Density Residential Office /Commercial ■ Medium Density ° 32% ■ Low Density 28% vacant 1 /o •Office Commercial 40 1 vacant j vacant • Low Density •d ebo Density i developed mercnt I 4) 68% developed I 72% 86% I Retail /Commercial I Mixed Use Industrial III Retail Commercial 33% i •Mixed Use 36% vacant vacant 0 vacant al • ■Retail Mixed Use 56 %® 44% vacant Indust ial 64 % Commercial ped 67% I developed i developed l i J Note: Residential "developed" property is that which has been zoned, platted and infrastructure placed, or contains existing residential homes. Commercial developed property is that which has been zoned, platted and building permits released. I:\comdev \123 files \ projects \devsum98. xls 0 0 N O M N a 0 ',2. m N - O^ N Ti 3 v o O O ,D N O J c, N - 0 p N , O on w. — — — co Nrp T� QN o CO ,) O ^oN _ c , _ Z N n J 0 0 C o A T C O N N 7C O 0 n 0 .0 O 0 O a •- •-- m - 0 N N f9 O N C (. - r m - o O co J 7 N - N O — as O U CON CD dam. U - 0 E i. m 0 N o LL yHOO N co Cl_ 7 , _ ' . _ - Z . N C') V N O m ; N - o v N 6t -1 o o W • -_ J N N N , - O 6 o LL �i ._ -- 'M - _ - ON ,CO _ c• o 73 0 - - N ® N C `c o, N - 1 r O ® rn T 3 CO , m _ o A m O, O 2 W o 0 -Y 2.' w 3 I m mac, _g' o m v- "" n m O • c • _ - r r ,- e U CL °' I -- - -- - - t , • 0 CO �E. 0) — e ' - — C ^ O cn co CO >Y d - ^m CL Q. O O. _ .. • o - CD : , N ( - _. - -- - _. CI) • a _ --- -- -___ - - - -- (2 d E p - -- - - -- - O a — - U) 005c — — -,n - -- -- v m 1 Y N N O O kr, spuesnoyl u! uopeIndod s M1 r t^ h�� Y . 1--- I w — z- z • 1 w I CI) Vi t_ i-- . 3 Z •- L. w Ss W 1 Z � 7 t- - 0 .,, o 1- - w • - .� v r 20 • E ry _ : I 1 0 N N v � ° • • u c N Z V N� • H • . ryN I N'1 !1 . • .'i:', 1 O N _ Y+ I J \ Ory O N G V ♦ \ ry^ O Z a E r ea N O s — fin N a ry \ ry N ♦ ' G fh a i §" r O o ` - ryw N O m w a `w a • IF cri Obi r o O hm • - m' ,-- v 1 - .11 i • W ♦ . i a E . • __. -- 0 ' l O ! - w d m E • I - d N - a - • .I_ , C cavE y N� lC E E • - w O - o . >Y m°a' d N • _ a a0 ai 0 8 nE o 0 _- - 0 E E by u1 O O Utt , 4 - • 3n xbl ThVg wwQ) • s EVALUATION CRITERIA February 2, 1999 I. REAL PROPERTY ENHANCEMENT A. Initial Investment B. Expansion Over Time C. Indirect Benefits from Adjacent / Related Development II. PERSONAL PROPERTY ENHANCEMENT A. Initial Investment B. Expansion Over Time C. Indirect Benefits from Adjacent / Related Development III. EMPLOYEE DEMOGRAPHICS A. Initial Number B. Growth Over Time C. Income Level Breakdowns (% in various ranges) D. Local Relocations IV. SALES TAX A. Direct B. Indirect V. COMMUNITY IMPACT A. Environmental B. Civic Program Support C. Land Use Plan Compatability City of Southlake, Texas MEMORANDUM January 29, 1999 TO: Greg Last, Community Development Director FROM: Stefanie E. Sarakaitis, Planner SUBJECT: "Fast Track" Processing The quickest approval for a development case involving a zoning change is twenty -five (25) days. The limitations setting this time frame are. as follows: publication in the official City newspaper fifteen (15) days prior to consideration by the Planning & Zoning Commission per the Texas Local Government Code § 211.006(a); and publication ten (10) days prior to the second City Council meeting at which the ordinance is considered, per the Charter of the City of Southlake § 3.13(a). In addition, the same Charter section states that all ordinances for consideration by City Council must be considered and passed at two (2) separate Council meetings. For any development cases which do not require a second reading by City Council, the minimum timing for approval is fifteen (15) days for the publication process as above noted. There are no restrictions in the City Charter which would prohibit the Planning & Zoning Commission and the City Council from acting on the same item the same evening. The attached flowchart shows the recently approved processing procedure as well as the "quick" processing procedure. SES enc. Process flowchart L:\COMDEV\WP- FILES\PROJECTS \PROCESS \1999 \QUICK -1.DOC � Quick 1 1 Current Process 1 Process Week 1 P&Z Legal Council Legal - 1st Pre - submittal 4 Published Reading Published - Week 2 15 Days DRC for comments Revise per DRC (adds 2 weeks) ...4*111:500. Yes P&Z Public Hearing • Council 1st Reading No Week 3 ( Formal submittal l T 10 Days P&Z legals • / Review to applicant • Week 4 Council 2nd Reading I _ Applicant response T Owner notifications V Week 5 P&Z packet Week 6 P &Z recommendation - evisicns need Yes per P&Z? 1 Week 7 No Council packet Revise plan per t , P &Z & resubmit Week 8 City Council action DRC for comments Yes Revisions i r 2nd readinn ? No Week 9 Revise per Council Council packet Council packet & resubmit /ir + 1 Week 10 I DRC for comments I City Council action City Council action . Revisions YD9 •r 2nd readin•? 7 No T Week 11 Council packet Council packet Revise per Counciil S resubmit lir l ir + I DRC for comments I Week 12 City Council action City Council action 7 Week 13 Council packet Week 14 City Council action LACOMDEVIW P -FILE SIPROJECTSIPROCESS119991DEV- CASE4.VSD Y to N ,n ti F- 9z Ill 0 X A- a O 6 d V I v Q dl III CI 6 a 4 Q °' 'r 0 N v\ O O 0 0 N I' ;`max 4 ■ 4 - y , 0 1 0 v a v� \ ! w 9 — 'p e I \ \ : 1,._ \ I _ Ul Z o Jl d it) e \ . ,, to C> o \ O \ - I F ro 1 a 1 o \ t ._\ \ I1 1^ •` \ \ 1 - T .,,\ \ - 1 , - • 3" D E z w U > w a C H N O U c , Q Q 7 E m U 0 u o a 2 m a > Q 0 r , A N X • N O N a) li a y a) in o Q > -- N a t ,s , J E z a w n Z w > w pe o o w ti J . N CO v Q o 1. — a) in x > 2 T a) En d 3 75 a) t in E U _ a a > Q 2 E 3 0 c - o o >7 m _ N p 7 ( Q O O J M cL (4 N ~ i O C N c6 0 J a) O ra n E a cn EIMINIIIIIIIIIIIIII 1 4 l ii _100 Q � ( O WO 0 0 L a) C ) 2 > ,O 0 0 E E O Q c- r O co 0 w 0 0 as LL O) O c . c- 'a c w c6 cls a_ U A o •- cn 0 = O _ E O } 0 J Q Z U cn Q -- �C L 1— O c/ V/ LL 0 U CV 0>" J M M W Q H O .– N M N' tf) O 1` MOO r N M , T In CO 1` M O 0 0 0 0 0 0 0 0 0 0 L 000000000000000000000 (3 N N N N N N N N N N N N N N N N N N N N N E a) > W (� O N O Co d a) U C a) a) 0 w U _ > H wO v) W J Z Q > O cn I— CC p a) O w L- Z W Tz:s >. W 0 H W w Q- L c CO • Z W W Q > w > M CL _ L1J _j X a) Q Cfl Q CC L O Q ~ a 1-- a) (0 U) D C J L W