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1997-04-15CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING APRIL 15, 1997 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Pamela Muller. Members: Scott Martin, David Harris, Gary Fawks, and Wayne Moffat. STAFF PRESENT: Curtis Hawk, City Manager; Shana Yelverton, Assistant City Manager; Darcey Imm, Assistant to the City Manager; Kevin Hugman, Community Services Manager; Shelli Siemer, Community Services Coordinator; Lou Ann Heath, Director of Finance; Bob Whitehead, Director of Public Works; Ron Harper, City Engineer; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; Gary Gregg, Deputy Director of Public Safety, Police Services Division; Kim Lenior, Director of Parks and Recreation; E. Allen Taylor Jr., City Attorney; and, Sandra L. LeGmnd, City Secretary. INVOCATION: Mayor Pro Tern W. Ralph Evans. WORK SESSION: The work session was held to discuss agenda items by Council and staff. Mayor Rick Stacy called the Regular City Council meeting to order at 6:00 p.m. A~enda Item #2-A Executive Session Mayor Rick Stacy advised the audience that Council would be going into executive session pursuant to Chapter551 of the Texas Government Code, Section 551.071, 551.072, 551.074, 551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigations, to discuss the purchase, exchange, lease or sale of real property and to consider the appointment and evaluation of public officials, and regarding the deployment of specific occasions for implementation of security personnel or devises. Council adjourned into executive session at 6:03 p.m. Council returned to open session at 7:10 p.m. Agcn0g item #2-B. Action Necessary/Executive ~ession Motion was made to authorize staff to move forward with the closing of the Smith Property subject to the recommendation and approval of the Southlake Park Development Corporation (SPDC). Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item//3. Anoroval of the Minutes of the April 1. 1997 City Council Meeting Motion was made to approve the Minutes of the April 1, 1997 City Council meeting. Motion: Harris Second: Fawks Ayes: Harris, Fawks, Muller, Moffat, Martin, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item #4-A. Mayor's Report During the Mayor's Report, Mayor Stacy presented a certification certificate to members of the Public Works Department for the City of Southlake, noting this is a new program by the Texas Natural Resoume Conservation Commission to recognize superior water systems. The TNRCC only researched data from the last five years. Those present to receive the award were: Ernest Bramlett, Utility Superintendent; Michael Patterson, Field Supervisor; and, Mike Ishmael, Crew Leader. Other items reported by the Mayor include: The 40th Birthday Celebration for the City of Southlake will be held on May 3, 1997, at Bicentennial Park. There will be a kite flying contest as well as a fair, with many community organizations having booths and etc. Also on May 3, 1997, between 10:00 a.m. and 2:00 p.m. at the White Chapel Boulevard entrance to Bicentennial Park, there will be a "Walk" for Amy Stefanko. Amy is an eight (8) year old student at Durham Elementary School that has been battling leukemia since 1994. The medical bills since October are estimated to be around $800,000 and with a $1 million dollar insurance benefit limit the Stefanko family has an unbelievable financial burden. The Walk for Amy event is to raise funds to help with medical bills. Citizens of Southlake are invited to find sponsors or to sponsor themselves or their families and participate in the Walk for Amy. Southlake/Carroll Council on Alcohol and Drugs Abuse was held on April 8 at 7:00 p.m. at Carroll High School. Mayor Stacy stated we are all aware of the problem in our community. REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 2 The tentative dates given for the June Retreat are June 10-12, 1997. More information will be forthcoming. The Volunteer of the Year Banquet celebration will be held April 24, 1997 at 6:30 p.m. whereby Tarrant County will celebrate the volunteer of the year from each city. Aloha Payne will be honored on that date as Southlake's Volunteer of the Year. The Southlake Chamber of Commerce llth Annual Golf Tournament will be held on Monday, May 19, 1997 at the Trophy Club Country Club. If interested, contact the Chamber office at 481-8200. MetroPort Cities Partnership meeting will be held on Thursday, April 17, 1997 at 7:30 a.m. at the Colleyville City Hall. The City of Grapevine will be holding a dedication ceremony for The Night Watchman to be held on April 19, 1997 from 6:30 to 9:00 p.m. The public is invited to attend where there will be Country music entertainment by Don Edwards. Agenda Item #4-B. City Mananer's Reoort No additional comments were made during this time. Aeenda Item #4-C. SPIN Report Darrell Faglie, SPIN Neighborhood #7, was present tonight to report on happenings in SPIN #7. Mr. Faglie stated the greatest concern in SPIN #7 is the rezoning request by Ken Smith for property off Crooked Lane, Southlake. The property is now zoned "AG" Agricultural with a requested zoning of "LI" Light Industrial District. He noted the SPIN Retreat which will be held on Saturday, April 19, 1997 for the SPIN Standing Committee members. Aeenda Item #4-D. Parks and Recreation Board Report Ronnie Kindall, Parks and Recreation Board member, was present and reported from the board, thanking the City Council for approving the Southlake Park Development Corporation (SPDC) budge~t. She listed some of the things that this action will set in motion, including: Phase I Bob Jones Park; Phase 2 Bicentennial Park; Master Plan three more parks; twelve (12) tennis courts, in-line hockey, trails, and a 100 space parking lot. The Park and Recreation Board welcomes ideas for projects. They have been working on the park dedication ordinances revisions, and noted that, every day ordinances are not in place is missed opportunities. She noted the Park Board is working on a sidewalks ordinance with Ron Harper; practice fields; mid-year budget. REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 3 A_eenda Item//5. Consent Aeenda Mayor Stacy read the items on the consent agenda for tonight: 5-A. Authorizing the City Manager to proceed with the purchase of Lots 11,12,13, and 14, Block 18, West Beach Addition. Resolution No. 97-24, Authorize the City Attorney to proceed with condemnation of 0.067 acm tract of land in the Obediah W. Knight Survey, Abstract No. 899, and being a portion of a tract of land conveyed to Rucker Family Ltd Parmership, Inc., 0.149 acre tract of land in the Obediah W. Knight Survey, Abstract No. 899, and being a portion of a tract of land conveyed to Rucker Family Ltd Partnership, Inc., 0.074 acre tract of land in the Obediah W. Knight Survey, Abstract No. 899; and being a portion of a tract of land conveyed to Billy W. Hayes, 0.202 acre tract of land in the Obediah W. Knight Survey, Abstract No. 899; and being a portion of a tract of land conveyed to Anita Prade, to acquire the property for a permanent 20' utility easement, on the south side of East Southlake Boulevard, west of Carroll Avenue. 5-C. Award of bid for contract mowing. Ordinance No. 480-234, 1st reading (ZA 97-025), Rezoning of approximately 0.773 acres situated in the Obediah W. Knight Survey, Abstract No. 899, and being a portion of Tract 3 and all of Common Green 36, Timarron Addition, Brenwyck, Phase 2. Current zoning is "AG" Agricultural District and uR-P-U-D" Residential Planned Unit Development. Requested zoning is "SF-30" Single Family Residential District. Applicants: Mike and Carol Rucker. Owners: Rucker Family Trust-William and Zena Rucker (Tract 3, Obediah W. Knight Survey, Abstract No. 899) and Westerra Timarron L.P. (Common Green 36, Timarron Addition, Brenwyck, Phase 2) SPIN Neighborhood #9. Ordinance No. 480-235, 1st reading (ZA 97-003), Rezoning and Concept Plan for Southlake Church of Christ, on property described as Lot 2, Brock Addition, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-44, Page 40, Plat Records, Tarrant County, Texas. Also part of this consideration is a Revised Concept Plan on property described as Lot 3R, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 2174, Plat Records, Tarrant County, Texas and Lots 1 and 2, Brock Addition, an addition to the City of Southlake. Current zoning is "SF-1A" Single Family Residential District (Lot 2, Brock Addition), and "CS' Community Service District (Lot 3R, J.G. Allen No. 18 Addition, and Lot 1, Brock Addition.) Requested zoning is "CS" Community Service District for Lot 2, Brock Addition. Applicant: FDS International. Owners: Southlake Church of Christ (Lot 3R, J.G. Allen No. 18 Addition and Lot i, Brock Addition,) and A1 Peters, Lot 2, Brock Addition. SPIN Neighborhood #15. REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 4 ~ 8-E. Ordinance No. 675, 1st reading, granting consent to the assignment and transfer of cable television system and franchise from Harron Cablevision to Marcus Cable. 10-A, Contract for Residential and Commercial Refuse Collection and Recyclable Materials Collection. Mayor Stacy read the caption of the ordinances in items g8-c, g8-D, #8-E as per Home Rule Charter requirement. Motion was made to approve items g5-A, g5-B, deleting the Rucker property from g5-B, g5-c, modifying gs~c so that Ground Masters gets the parks and medians, mowing contract and Dynamic gets the highway right-of-way mowing contract, gl0-A, adding to the garbage contract a special service if you are a senior citizen or a disabled citizen, g8-c, g8~D, g8-E. Motion: Harris Second: Fawks Mayor Rick Stacy read the captions of the ordinances in items g8-c, g8-D, and g8-E. Ayes: Harris, Fawks, Muller, Moffat, Martin, Evans, Stacy Nays: None Approved: 7-0 vote ADDITIONAL INFORMATION ON CONSENT AGENDA ITEMS Proceed with the purchase of Lots 11,12,13, and 14, Block 18, West Beach Addition. These lots including a small house, water well, and septic tank, belong to an elderly woman who has agreed to accept $20,000 for all of the property. The appraisal on the property indicates its value is $20,000. An agreement on the purchase of these lots, which are located in Phase I of the Park Development Plan will be executed. Resolution No. 97-24, authorize the City Attorney to proceed with condemnation action in regards to obtaining a 20-foot permanent utility easement across two properties on East Southlake Boulevard, east of Carroll Avenue. The necessary easements have been acquired from the seven other property owners impacted by the project. FY 96-97 budget has a line item for contract mowing of city parks, city facilities, rights- of-ways, medians, and state highway rights-of-ways of FM 1709 and SH 114. The budget is $72,400. Staff recommends Grounds Master, Inc. who was the low bidder for parks, medians and city facilities mowing. Their references checked out positively. The cost per mowing all the sites specified is $1,331. per month. The total cost for FY 96-97 is projected not to exceed $36,473. The Street staff recommends Dynamic Lawn, Inc. who was the low bidder for highway rights-of-way mowing, Their references checked out positive. The cost per mowing both FM 1709 and SH 114 is $3,078. The total cost for FY 96-97 is projected not to exceed $15,390. The total bid award for FY 96-97 will not exceed $51,863 which is within the budget. REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 5 10-A. The City's contract with Laidlaw Waste System, Inc. for residential and commercial refuse collection and recyclable materials collection will terminate on April 30, 1997, A copy of the memorandum from Shana Yelverton, Assistant City Manager, dated April 10, 1997 is hereby attached to the minutes. Agenda Item//6. Public Forum No comments were made during the public forum. Agenda Item #7-A. Ordinance No. 674. 2nd readine, an ordinance cancelling, the May 3. 1997 General Election. Curtis Hawk, City Manager, noted Ordinance No. 674, 2nd reading, will enable the City Council to cancel the May 3, 1997 General Election and declaring each unopposed candidate elected to office. A requirement of Sections 2.051-054 of the Election Code is that the ordinance be posted at the election day voting location in both English and Spanish. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Ordinance No. 674, 2nd reading. Motion: Martin Second: Evans Mayor Rick Stacy read the caption of the ordinance. Ayes; Martin, Evans, Fawks, Muller, Moffat, Harris, Stacy Nays: None Approved: 7-0 vote Agenda Item gT-B. Ordinance No. 480-233. 2nd reading (ZA 97-002~ Ordinance No. 480-233, 2nd reading (ZA 97-002), Rezoning and Site Plan for Carroll I.S.D. No. 2 Addition, of approximately 50.632 acres situated in the Thomas M. Hood Survey, Abstract No. 706, and being Tract 10. Current zoning is "AG" Agricultural District with a requested zoning of "NR-PUD," Non-Residential Planned Unit Development. Applicant: Cheatham and Associates. Owner: Carroll I.S.D. SPIN Neighborhood #10. Karen Gandy noted the changes have been made to the plan except for the lighting on the fields and the cluster of trees on the northeast coruer of the property. All the technical details on the plans have been addressed. Brent Cline, Engineer for CISD, 128 East Texas Street, Grapevine, introduced School Board member Robert Flaherty and CISD Superintendent, Ted Gillum. Mr. Cline noted five items the school board asked him to bring to the Council for clarification: 1) they object to the wording, "dedication" of right-of-way and asked that "future" right-of-way be included on the plan; 2) REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 6 if that absolutely cannot be done, they would like to have added to the Developer Agreement that within three (3) years if the mad has not been constructed, that the right-of-way be mascended; 3) before the roadway is constructed, the school board asked for a joint meeting between the school board and city council to discuss the road, safety of children, and education; 4) they requested that the right-of-way be moved 20 feet north so that they have the use of the area of land, estimated to be two acres; 5) they talked about this before, but want it stated again, that although this is a 7,8,9 grade center, the number of students that go back and forth is 75 and when it becomes a 9,10 grade school, the number of students that go back and forth is only 25. This is the statement the school board wanted to address. PUBLIC HEARING: Ken Burke, 125 West Chapel Downs Drive, Southlake. Mr. Burke stated he has the comer house on Oak Hill and White Chapel Boulevard. He noted he feels building the school in that location will impact the quality of life and impact the value of his property and is opposed. Councilmember David Harris asked the City Attorney to repeat the comments made during the last City Council meeting regarding the ground rules and state what Council can do and cannot do. E. Allen Taylor Jr., City Attorney, stated as a general rule, municipalities control land use within the City, however, the School District has separate independent authority which has been granted by the State Statutes. Basically, the School District has the predominate authority to determine where its school facilities am going to be located. In that regard, any controls that municipalities have over land use will be pm-emptied by the power of the School District. Councilmember David Harris stated, in other words, if the municipality does not like what the School District is doing, the District's opinion is superior over that of the municipality. The City Attorney stated, our ordinances would be invalid as they apply to the school district. The municipality has the control over the actual development of the school site. As the school district has determined what needs am necessary, they prepared a site plan and the City can control the actual development of the site. The use determination will fall entirely on the school district. Councilmember Scott Martin stated the City Council has had discussions with the School District about traffic matters which is why we have had the conflict with them about an internal road connecting the two school sites and moving some of the traffic and bus traffic and parents and multi drop-offs. The City is aware of the traffic burden on North White Chapel Boulevard. REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 7 Mr. Burke thanked the City Council for their time, since the City Council cannot address their concerns. Councilmember Harris asked the citizens to be a good parmer with the school board because they want to be good neighbors. Public Hearing closed. Motion was made to approved the 2nd reading of Ordinance No. 480-223, as passed on the first reading. Motion: Harris Second: Martin Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item g7-C. ZA 97-032. Site Plan for Tetco Convenience Store ZA 97-032, Site Plan for Tetco Convenience Store, on property described as Lot 6, Block 6, SouthRidge Lakes, Phase C-l, and being approximately 0.918 acres situated in the A.A. Freeman Survey, Abstract No. 522. Current zoning is "C-3" General Commercial District. Applicant: Tetco Stores, Inc. Owner: SouthRidge Center, L.P. SPIN Neighborhood #10. Karen Gandy, Zoning Administrator, commented that six (6) notices were sent to property owners within the 200' notification area and no written responses have been received. The applicant has met all items in the Site Plan Review Summary No. 1 dated March 28, 1997, with the exception of those items addressed in the attached Site Plan Review Summary No. 2 dated April 11, 1997. Councilmember Scott Martin made comments on the site plan referencing the saving of one tree on the site, which has been cut into the critical route zone by over 1/2, and construction of a retaining wall. Greg Last, Director of Community Development, stated according to the site plan, no effort has been made to save the tree, noting, a tree is preserved if 75% of the critical route zone is saved. Barry Knight, 5400 Renaissance Tower, Dallas. Mr. Knight stated they are not asking for zoning as the proper zoning is in place. Victor Blood, 530 Bedford Road, Suite 216, Bedford. Mr. Blood stated the convenience store will be 2500 sq.ft. There will be a single ear, car wash. Mr. Blood stated when asked, that they built a similar project in Trophy Club. REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 8 Councilmember David Harris referenced the high school being across F.M. 1709 and the potential traffic congestion. Councilmeber Scott Martin commented about the moratorium for service stations and the looks of the building being presented, stating we want better looking buildings in this community. We hope that they will set a standard that is high enough and when the moratorium is lifted, they will have set the standard. He stated the Planning and Zoning Commission was so concerned about the safety issues involved with this site, that they did not even address the aesthetics of the building. He stated he is looking at something he does not want to see everyday. He stated he would appreciate it if Mr. Blood would go back to his client and tell him Southlake wants something better, like the one in Trophy Club. He also commented on the request for signs on this site. Mr. Barry Knight stated he is the attorney for the project, not the property owners. He stated the owners want to work with the City of Southlake, but it is a two~way street. He stated a lot of the things are based on economics and volume. He has worked in Trophy Club, and he feels they also have strict development regulations. Councilmember Harris asked the attorney to talk with his client about the importance of the car wash being in the back of the property because there is a concern that we need two left hand turns and we don't want traffic jams. We already have a problem there at that intersection with traffic congestion. He asked how hard will it be to move the car wash. PUBLIC HEARING: Greg York, 904 Brazos, Southlake. Mr. York stated there are two concerns with the gas station being in that intersection, traffic and safety issues on F.M. 1709. He too is disappointed that the building is not as nice as the Trophy Club building. His concerns include the noise, lights, car wash and he ditto's Scott Martin's comments. Council adjourned for recess at 8:30 p.m. Council returned to open session at 8:40 p.m. Barry Knight stated his client wants to be a good neighbor, they don't want an eye sore but want the building to be nice. He stated they feel the citizens won't use the facility if it doesn't have a car wash. He asked if the City knows when the State will need the additional right-of-way. Even if there is a future fight-of-way requirement, we don't know what right-of-way will be taken. Mr. Knight stated they are ready to go with the building and they hope that Council will understand the spirit of cooperation. They want to work with the City and they want a successful development. REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 9 Councilmember Scott Martin stated he appreciates the spirit of cooperation. Mayor Stacy stated it is obvious the developers are also concerned with the aesthetics of the project. When we come out of the moratorium, we would like to say this is what the City wants. Mayor Stacy asked the developers if the additional right-of-way is a problem. Curtis Hawk, City Manager, stated the City has contacted traffic consultants and asked them to bring back a proposal. The City is currently working on a F.M. 1709 Traffic Management Study. Hawk stated we recognize that F.M. 1709 will be six driving lanes and we need more turn lanes and shoulders. It seems to be a solution to have two left hand turn lanes onto Peytonville Avenue to handle the traffic. The City feels it is not far down the road, within the next twelve months. A deceleration lane between the bank and the driveway into the gas station is a possibility. Mayor Stacy stated we will need the additional right-of-way on the north side of F.M. 1709 in order to make this project fit. Barry Knight stated they have a platted lot and am ready to go, if the City wants to acquire property it is better to do it sooner than later. The user of the property does not have deed to the property. The client does not want a site where it won't be good for the overall area. He stated he feels the interest of the City and the property owners are similar. At the request of the applicant, motion was made to table this item until the May 6, 1997 City Council meeting. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote (to table). Mr. Knight stated he will meet with staff prior to the next City Council meeting in an effort to work out some the items noted tonight. Agenda Item #8-A. Ordinance No. 480-231. 1st reading, (ZA 97-005L Ordinance No. 480-231, 1st reading (ZA 97-005), Rezoning and Site Plan for a Professional Office Building, being Tract lA in the A.A. Freeman Survey, Abstract No. 522, and being approximately 1.344 acres of land. Current zoning is "AG" Agricultural District, with a requested zoning of "S-P-l" Detailed Site Plan District limited to "O-1" Office District uses. Applicant: Medical Air Services Association. Owner: Jerry Black. SPIN Neighborhood #13. REGULAR CITY COUNCIL MINUTES OF THE APRH, 15, 1997 MEETING PAGE 10 Karen Gandy, Zoning Administrator, did not make a formal presentation on this item, however, previously she noted eleven (11) notices were sent to property owners within the 200' notification area and eight (8) responses were received within the 200' notification area from William D. Maxwell, 1304 Normandy Drive, Southlake, opposed; Kenneth and Sharon MacMorran, 1202 Sabine Court, Southlake, opposed; Frank Esposito, 1300 Normandy Drive, Southlake, opposed; SouthRidge Lakes HOA, William Kemp, 4835 LBJ Freeway, Ste. 600, Dallas, opposed; William Leary, 1204 Sabine Court, Southlake, opposed; Kenji Mizuno, 1212 Normandy Drive, Southlake, opposed; Gary G. Buckmaster, 712 Stratford Drive, Southlake, opposed, Gloria and Brian Anding, 1210 Normandy Drive, Southlake, opposed. Tim Green, president, Medical Air Services District, 616 Fairway View Terrace, Southlake. Mr. Green stated they wish to build a headquarters on the Black site. They would like to build a building that would compliment the recreation center in SouthRidge Lakes. It is their intent to put a building in that would blend in with the overall area and homes in that area. He stated they hopefully will put in the best building in Southlake. He noted the mediation (which was suggested during the last meeting) was not successful in terms of coming together with the residents in SouthRidge Lakes. Mr. Green did state some concessions which include: lowering the height of the building by 3'; lowing the polls; changing the pitch of the roof; removing all windows and the terrace on the north side of the building; reducing the parking spaces; moving the strecture 223'9" from the back 3' berm on the north property line; and putting evergreen trees along the north side · He stated Ms. Alexander to the east, had stated at the first P & Z meeting that she was in favor of the project. Mr. Green stated this is a low impact business with hours Monday thru Friday from 8:30 a.m. to 5:00 p.m. and closed on the weekends. There will be no signs that advertise the business, except for brass lettering on the monument sign. There will be no poll type lights in the parking lot. They are looking at landscape lighting· Green stated they understand the corridor plan and that it is residential for this property, but they do not feel it is suitable for residential because of the pond, the tennis courts, and the existence of F.M. 1709. There will be eleven (11) employees with room to expand to twenty-two (22) employees. Mr. Green listed several buildings on F.M. 1709 and the percentage of lot cover for each business· The range was from 14.33% to 22.5% with their site plan showing 9.5 % of land coverage. Mr. Green referenced the fact that Mr. Black has not had success at selling his property because of the corridor study. He stated he feels if they are turned down, no one else will ever want to go through this by trying to purchase this property. Councilmember Ralph Evans asked what the value of the project will be at completion· Green answered, "$1.5 million in the building and the property." PUBLIC HEARING: Donna Holley, 222 Westwood Drive, Southlake. Ms. Holley stated she has been a resident in REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 11 Southlake since 1986, and is the building agent of Medical Air Services. She had several letters of support, for the record, from residents in SouthRidge Lakes, including: Jack Milner, Robert Payton, Dan Light, Richard Limb and J.G. Durham. She asked Council to please consider all the factors when voting on this issue. Glenda Mills, 1202 San Augestine Court, Southlake. She stated she is very much in favor of this project and she lives in SouthRidge Lakes. She stated she feels the Black's are at a crossroads in their lives and need to sell the property and move forward. She stated this is a moral issue and the City Council should look over the screen of smoke that some of the property owners are presenting. Ricky Black, in support. Jerry Black, 1302 West Southlake Boulevard, Southlake. Mr. Black stated he has been a resident in Southlake at that location for twenty-five years. He stated it will be hard not to repeat things he has said over the past four months since this issue has been heard at Planning and Zoning and Council meetings. Mr. Black referenced his health and his need to sell this property as soon as possible. He referenced the taxes that will benefit the City if Medial Air Services is allowed to build, vs. his little bit of taxes. Mr. Black reminded Council there are lots of people in Arvida that are very much in favor of this project. He stated they have gone to mediation and there is no place further to go. He stated he is afraid that the City will loose Mr. Green. Richard Ponder, 1200 Sabine Court, Southlake. Mr. Ponder stated the citizens worked hard to work out the mediation--it took one week to hear from the City about the mediation and one week to understand the process. There are a good number of these going on. He said what we have before us is the same plan. He asked that the item not be approved but give them some more time. Bill Kemp. Opposed Frank Esposito, 1300 Normandy Drive, Southlake. Mr. Esposito stated he wants to give his voice as a new member of Southlake, by stating when they moved hem, they were proud of the schools, and consider it an honor to be a part of the community. When you make a decision to move someplace it is the most important decision for your family. Variances make small changes, this is a corporation in a residential area. He asked the Council to look at this for what it is. William Maxwell, 1304 Normandy Drive, Southlake. Mr. Maxwell stated he is more worried about the property next to the Black's if this is used for office. Matt Newburg, 1101 Travis Court, Southlake. Opposed Greg Your, 904 Brazos, Southlake. It is hard to be mad at this building. As a real-estate appraiser, he compares properties and feels this would be an asset to Southlake, in another REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 12 location. Beverly Singel, 1211 Sabine Court, Southlake. Opposed Kim Marin, 200 Ginger Court, Southlake. Opposed Chris Heckman, 1303 Normandy Drive, Southlake. Opposed Ken MacMorran, 1202 Sabine Court, Southlake. Mr. MacMorran stated they are very willing to work with the City as to what they will accept so that a letter writing contest will not take place. He noted a single story building will be acceptable. Steve Shinn, 309 SouthRidge Lakes Parkway, Southlake. Opposed Barbara Shinn, 309 SouthRidge Lakes Parkway, Southlake, Opposed Bill Leary, 1204 Sabine Court, Southlake. Mr. Leary stated a 10,000 sq.ft, two story building is unacceptable. All the buildings that Mr. Green referenced are one story buildings. No comparison. Elizabeth Ponder, 1200 Sabine Court, Southlake. Opposed Maggie Dalton, 300 Ginger Court, Southlake. Opposed Sharon MacMorran, 1202 Sabine Court, Southlake. Opposed Dan Light, SouthRidge Lakes, Southlake. Mr. Light stated he moved to Southlake in 1979. He is a builder in SouthRidge Lakes and lives there. The Black's land is commercial, it is not appropriate for residential. He stated the progress has passed Mr. Black by and he has a chance to go on with his life. We should let him. The land is going to be commercial, not residential. A letter from Mr. Light is included with the record. Mayor Rick Stacy stated he does not think this is an emotional issue. The only reason that he has acted like he is in favor of some type low-intensity office. Is because of what is next to it. I don't think any of us who live here would want to live next to where Mr. Black lives because of the pond and tennis courts. He stawxl he commented at the last meeting that if anyone is opposed to this intended use, they should just buy it and expand their facilities. Mr. Ponder told him the other day that part of their plan is for them to form together and plan to pumhase the property. Part of his plan was to put garden homes on 8,000 sq.ft, lots. Mayor Stacy stated he does not feel that garden homes would be approved on this site either. The Mayor stated he does not feel the City looses control of the 3 1/2 acres next to the Black's property if this property is developed as presented. The REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 13 Mayor stated this proposed building is going to be one of the most attractive buildings we have seen in Southlake. Councilmember Wayne Moffat stated he cannot divorce the fact that Mr. Black has been a good citizen for the past twenty-five (25) years. Councilmember Scott Martin stated he attempts to set very high standards for our community. When an applicant comes forward and is willing to put his money where his mouth is, that says something. Motion was made to approve Ordinance No. 480-231, 1st reading, (ZA 9%005), (Scott Martin continued with his motion) pursuant to staff Site Plan Review Summary//3 dated March 4, 1997; allowing as proposed the fencing in item//1; the applicant is to work with the rear property owners as directed by the P & Z on the five foot vacant gap in the two fences at the rear north of the property line; item //lB, allow as proposed, the slope of the building; the recommended parking shall be as proposed; the site plan item//i-C,//l-D, allowed as proposed which is the loading space deviation; item //l-E, to allow the driveway as proposed; horizonal/vertical articulation, as stated by Mr. Fernandez shall make every effort to comply with the redesign of the building; the applicant shall also provide a three foot berm with evergreen plantings on the north property line as generally shown on his landscape plan. They shall be eastern red cedars with maximum of twelve foot on center; eliminate or obscure, or raise the windows, on the north side of the building; lower the building height by three feet (that they already have) as well as the new mitigated amount at 11 inches; do the closure with the north side balcony as they stated they would do; limit the building to a size not to exceed 10,000 sq.ft.; the height of the building shall not exceed the height of the tallest structure located within the SouthRidge Lakes Subdivision. Amended the motion: taking eleven inches from the height of the building; there will be no poll lighting in the parking lot; the height of the trees will be eight to ten feet, on twelve foot centers; and the pitch of the roof will be %12. Motion: Moffat (Martin assisted) Second: Harris Mayor Rick Stacy read the caption of the ordinance. Ayes: Moffat, Martin, Harris, Evans, Fawks, Muller, Stacy Nays: None Approved: 7-0 vote Agenda Item g2-A. Continuation Mayor Rick Stacy advised the audience that Council would be going back into executive session pursuant to Chapter 551 of the Texas Government Code, Section 551.071, 551.072, 551.074, 551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigations, to discuss the purchase, exchange, lease or sale of real property. Council adjourned into executive session at 10:30 p.m, REGULAR CITY COUNCIL MINUTES OF THE APRH, 15, 1997 MEETING PAGE 14 Council returned to open session at 10:45 p.m. Aeenda Item g2-B. Action Necessary. Continued No action was taken as the result of the executive session. A_~enda Item #8-B. Ordinance No. 480-220. 1st reading (ZA 96-130} Timarron. Tract 1 Ordinance No. 480-220, 1st reading, (ZA 96-130), Rezoning and Concept Plan for Timarron Commercial, Tract 1, being approximately 58.202 acres situated in the James J. West Survey, Abstract No. 1620, Tract 1, as recorded in Volume 9827, Page 974, D.R.T.C.T. Current zoning is "AG" Agricultural District with a requested zoning of "S-P-2" Generalized Site Plan District with Mixed Uses, to include the following uses: "CS" Community Service District, "O-I" Office District, "0-2" Office District, "C-1" Neighborhood Commercial District, "C-2" Local Retail Commercial District, "C-3" General Commercial District, "B-1" Business Service Park District, "B-2" Commercial Manufacturing District and "H-C" Hotel District. Owner and Applicant: Timarron Land Corporation. SPIN Neighborhood//2. Karen Gandy, Zoning Administrator, commented that nothing has changed on the plan since the joint work sessions with City Council and Planning and Zoning Commission were held, the last being March 31, 1997. Dennis Jerkey, Carter & Burgess, Fort Worth. Mr. Jerkey stated if Kirkwood Boulevard is extended, they want to expand the east line of Parcel A by 300 feet. He stated they would comply with whatever ordinances are in place at the time of their development. Allen Taylor, City Attorney, reminded Council and the audience that you never acquire a vested right in zoning. It's there when City Council gives it and is there until the City Council takes it away. PUBLIC COMMENTS: A1 Suarez, Chairman Elect of the Southlake Chamber of Commerce, presented a Chamber of Commerce Board of Directors Resolution supporting the proposed Westerm Timarron Commercial Multi-Use Development. A copy of the resolution is hereby attached to the minutes of the meeting. Debbie Guthery, 1230 Stanhope Court, Southlake. Ms. Guthery stated all through the process at the Planning and Zoning Commission level, they went through the Specific Use Permits. She wondered if the special SUP will be used in this item. Councilmember Gary Fawks replied, "none of the SUP's have gone away." REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 15 Ms. Guthery asked if the SUP's are still in place, how will the 200' notification be used? Will the residents 200' from the SUP be notified or will the notification be from the outside of the Timarron property? Allen Taylor, City Attorney, noted the notification will be based on the "bubble' only as per the State Law. This requirement can be changed by the City Council only because of the increased cost and staff time in making the notifications. If the SUP is sought within this property, notice shall be for those within 200' of the outside of the Timarron property. Councilmember Harris suggested public schools and public nursing and care facilities be deleted from the "CS" Community Service uses. Mayor Stacy stated he feels and Specific Use Permit must be made by rational and logic and not by emotion. Councilmember Gary Fawks asked for more open space on this tract of land. Mr. Jerkey replied, the size of the tract does not lend itself to open space. Councilmember Scott Martin stated he agrees with Mr. Fawks and wants a guarantee of some open space on this property. Motion was made to approve ZA 96-130, subject to staff Concept Plan Review Summary No. 2 dated April 11, 1997 with additional provisions that in all categories with reference to public schools be deleted; all categories referenced to nursing and care facilities be deleted as uses anywhere on these properties; additionally requiring that the corridor overlay requirement be adopted as a minimum standard on the property, allowing the applicant the leeway to impose more stringent standards; further extending a potential area of uses as designated on Tract A into a part of Tract B defined by 300 feet east of Kirkwood; and also adopting the developmental regulations that are missing from the packet submission as submitted to Council accompanied together with the staff memorandum dated March 27, 1997 of the joint work session with the Planning and Zoning Commission so all development regulations included with that packet will be equatable to this motion also, whether included in the packet or not. Amending the motion to require the applicant to comply with the future developmental regulations as passed. Motion: Harris Second: Evans Mayor Stacy read the caption of the ordinance. Ayes: Harris, Evans, Martin, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item No. 10-B. Village Center. Phases I and IL amendine Site Plan REGULAR CITY COUNCIL MINUTES OF THE APRIl, 15, 1997 MEETING PAGE 16 The request was made by Village Center, Phases I and II to amend Site Plan for the western two driveways onto East Southlake Boulevard; to authorize an additional sign and grant two variances to the Sign Ordinance No. 506-A; and to approve additional landscaping along SH 114. Curtis Hawk, City Manager, stated in his memorandum to Council that this item reflects the work of City staff and Don Silverman to resolve issues of driveways for this project, related signage, and landscaping behind Kroger. The driveway recommendation before Council attempts to improve the safety of drivers on F.M. 1709 by restricting access to the driveway across from Westwood Drive and improving the access to the driveway located across from Miron Drive. The sign variances requested emanate from the need to direct traffic to the appropriate drives, and to improve the aesthetics of the signage for this project by adding "ornamentation." Councilmember Pamela Muller stated before beginning discussion of this item, reference was made that the Council approved the proposed driveways as part of a Site Plan. She asked staff if they have been able to find that Site Plan where the driveways were approved? Greg Last, Director of Community Development stated the issue of the driveways was not specifically discussed when it was before Council. Councilmember Muller stated she recalls when the issue came before Council the last time, lots 1 and 2 were not discussed. City Attorney, Allen Taylor, commented that a number of people, both at the developer level, staff level and possibly Council level thought is was approved, but it didn't happen. He explained it was a series of misunderstandings about what happens when the focus was on the relocation of the traffic light and the main intersection. Greg Last, Director of Community Development stated there is one issue that we will need to resolve, as difficult as it may be, is the validity of those two driveways. If we are going to take Councilmember Muller's position, that those drives have never been addressed, although they have been in construction for six months, we need to now say, collectively, that those drives have not been approved and we're not going to allow them to build either of those drives that they are in the process of building until they are officially approved by the City Council. A discussion was held as to whether or not this action would need approval of the Planning and Zoning Commission before Council approves. City Attorney, Allen Taylor, stated, "I think at this point, you have the plenary power as the legislative body of the Council, where you have uncovered a clear misunderstanding where the developer has gone forward with a misunderstanding of what he was authorized to do, the City staff, wittingly or unwittingly, got involved in the misunderstanding and wasn't sure what was REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 17 approved. The thing is now, essentially constructed. They need to be told whether they can use it or not. I think the Council has the authority to break the impasse or give direction at this point. I do think that if you want to leave those drives open and place restrictions on how they are used, we should follow through the correct procedure and when those lots come forward, which I understand they are doing now, officially address it on the record. But, I do think Council has the authority if they want to avail themselves of it to say, right now we are going to go ahead and authorize that the driveways be opened and used, at least until Council gets through the hearing in this way. Motion was made to approve the western two driveways onto East Southlake Boulevard as presented tonight with the most westem driveway (3 lanes) as full access and the central driveway (2 lanes) as right-in, right-out only. Motion: Moffat Second: Evans Ayes: Moffat, Evans, Fawks, Muller, Martin, Harris, Stacy Nays: None Approved: 7-0 vote It was determined that the sign issue will be placed on the next agenda for approval. Councilmember David Harris left the meeting at 12:55 a.m. Agenda Item #10-C. Establish the Priorities of the Ordinance Workgrou~s The City Manager, Curtis Hawk, stated this item is on the agenda in order to get Council direction on which of the workgroups had priority and specifically mentioned that Councilmember Fawks had put together a map showing certain priorities on 1709 that the City should look at rezoning. Councilmember Martin agreed that the zoning needs to be looked at. The Council (after discussing the workgroup and priority matrices) directed staff to move the rezonings to the top of the priority list with amortization to follow (ahead of outside storage and display, lighting, and impervious coverage) and to begin advertisement of the rezonings for public hearings at the Planning and Zoning Commission. When asked if a motion was necessary, the Mayor and the City Manager responded that no motion was necessary and that staff had received their direction as to the priorities and to proeed with advertisements on the rezonings. Agenda Item g8-F. Ordinance No. 665-A. 1st reading. Amending FY 96-97 Annual Budget Ordinance No. 665-A, 1st reading is presented to Council to reflect changes to the Adopted FY 96-97 Budget. This item, according to Lou Ann Heath, Director of Finance, has been discussed with the Council at previous meetings, and most address personnel issues to meet service demands. The fund integrity is maintained, as the adjustments reflect the fund balance at 18%, REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 18 within the adopted Fund Balance Policy which states a minimum of 15 %, optimum of 25 %. Ms. Heath stated them is one adjustment to revenues. In the General Fund, Franchise Fees have been increased to mile. ct the GTE lawsuit settlement. For the year, $76,000 was budgeted for GTE. The City received $202,919, therefore, the Franchise Fee budget is increased $127,000. New personnel previously approved by the City Council includes: Human Resources Assistant, Community Services Manager, Court Administrator, two motorcycle Police Officers, Code Enforcement Officer-Zoning, Park Planning Construction Manager; Public Works Project Manager and Assistant to the Public Works Director. An additional item included for consideration is $20,700 in supplemental funding to develop the Drainage Master Plan, initially approved in the FY. 1996-97 budget for $100,000. The proposal received to develop the Plan was $120,700. A comprehensive study is proposed, which will be necessary in order to update the City's pay and classification plan in FY 97-98. Jerry Weaver, Weaver and Tidwell, auditors, presented the audit for Fiscal Year 1995-96, stating the financial statements are correct. A copy of the audit was provided for Council review. Curtis Hawk, City Manager, stated the important thing to highlight in the audit are the general funds and SPDC funds. He stated the audit is a hard document to read, however if there are questions, Council can call the Director of Finance. Motion was made to approve Ordinance No. 665~A, 1st reading. Motion: Evans Second: Moffat Mayor Rick Stacy read the caption of the ordinance. Ayes: Evans, Moffat, Muller, Martin, Fawks, Stacy Nays: None Approved: 6-0 vote The City Manager stated the Mid Year Review will be discussed at the next City Council meeting. Agenda Item #11-A. Discussion: Creation of Tax Increment Financine (TIP} Districts Curtis Hawk, City Manager, stated the City financial advisor with First Southwest, Jim Sabonis, is present to make a presentation concerning the proposed TIP district as was previously discussed. A copy of the information provided by Mr. Sabonis is hereby attached to the minutes of this meeting. Curtis Hawk stated, if Council is in agreement for staff to look at the concept, they will talk with other land owners and go to overlapping jurisdictions. REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETING PAGE 19 Agenda Item #12. Ad_iournment. The meeting was adjourned by Mayor Rick ~.t 2~/00~ l~ayor' Rick Sta~'~-~ . L. LeGrand City Secretary d:\wp-files\cc\4\ 15\97.mi REGULAR CITY COUNCIL MINUTES OF THE APRIL 15, 1997 MEETlNG PAGE 20 AGENDA ITEM #8 -B SOUTHLAKE CHAMBER OF COMMERCE BOARD OF DIRECTORS RESOLUTION SUPPORTING THE PROPOSED WESTERRA TIMARRON COMMERCIAL MULTI -USE DEVELOPMENT WHEREAS, Westerra /Timarron Land is seeking to rezone three (3) large tracts of property in Southlake on the north side of State Highway 114 which, taken together, will constitute the single largest commercial development in the history of the city; and WHEREAS, Westerra /Timarron Land has a master planned vision for said property and guidelines for development that are consistent with: (1) the comprehensive land use plan for Southlake; (2) the high standards of quality that the citizens of the city have a right to expect; and (3) the realities of land development along State Highway 114 as an integral part of the Alliance Corridor; and WHEREAS, it is anticipated that the high - quality office, retail and hotel development planned for the Timarron property will produce in excess of $200 million in cumulative tax benefits for the region over the next ten years; and WHEREAS, the planned development and vision for the Timarron property will tend to produce the greatest economic impact for the city of Southlake without adversely impacting our already overburdened school system; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Southlake Chamber of Commerce hereby publicly declares its support of the Westerra /Timarron Land proposal for rezoning the Timarron property along State Highway 114 to facilitate the development of the property for high - quality office, retail and hotel uses pursuant to Westerra /Timarron Land's master planned vision and established guidelines for development which are consistent with the comprehensive land use plan for the city of Southlake. The Board of Directors Southlake Chamber of Commerce AGENDA ITEM #8 -F City of Southlake, Texas MEMORANDUM April 11, 1997 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 665 -A, 1st Reading, Amending the FY1996 -97 Budget Ordinance No. 665 -A is presented to the Council to reflect changes to the Adopted FY1996 -97 Budget. These items have been discussed with the Council at previous meetings, and most address personnel issues to meet service demands. Exhibit "A" is an attachment to the ordinance, and includes a summary of the expenditure changes titled "Mid Year Budget Adjustments FY1996 -97 ", plus an All Funds Summary" which reflects the changes by Fund. Fund integrity is maintained, as the adjustments reflect the fund balance at 18 %, within the adopted Fund Balance Policy which states a minimum of 15%, optimum of 25%. There is one adjustment to revenues. In the General Fund, Franchise Fees have been increased to reflect the GTE lawsuit settlement. For the year, $76,000 was budgeted for GTE. The City received $202,919, therefore the Franchise Fees budget is increased $127,000. Listed below is a summary of the Mid Year Budget Expenditure Adjustments for all Funds, and the allocation by Fund: New Personnel and related equipment $264,481 FY1995 -96 Approved items to be reappropriated $178,437 Professional Services $33.700 Total Expenditure Adjustments $476,618 General Fund $410,173 Utility Fund $66.445 Total Expenditure Adjustments $476,618 New Personnel previously approved by City Council: ► Human Resources Assistant Code Enforcement Officer- Zoning ► Community Services Manager Park Planning Construction Manager • Court Administrator Public Works Project Manager ► Two Motorcycle Police Officers Assistant to Public Works Director Curtis E. Hawk Ordinance 665 -A, 1st Reading April 11, 1997 page 2 In FY1995 -96, the City Council approved several items that, because of various reasons, were not purchased during the year. Many of the purchases were initiated by placing an order, but could not be concluded prior to September 1996. These include the second ambulance for the Fire Services Division, conversion of field operations vehicles to alternative fuels, computer and radio equipment, and professional services relating to City entryway landscape design and Community Development software development. These items are presented for reappropriation by the Council, since the City Charter states that appropriations lapse at the end of the fiscal year. An additional item included for consideration is $20,700 in supplemental funding to develop the Drainage Master Plan, initially approved in the FY1996 -97 budget for $100,000. The proposal received to develop the Plan was $120,700. A compensation study is proposed, which will be necessary in order to update the City's pay and classification plan in FY1997 -98. Please place Ordinance 665 -A on the April 15, 1997 Council agenda for first reading. LAH AGENDA ITEM #10 -C 3 3 33 3 o ,Mi Q o M ...... 0 i b .T 00 N O� O a a a 1 q M iy v „ .O d � O N _ 00 O t� 00 — a — 'T a K N ? 7 H 00 00 N 20 N r, n T K' K N M T M M L N J C O O c H <.,, 7 L - 7 => C O n y O v v VI n " °'4 c E H y v y < Ca 0. � cn u _I = 1 < C '-' 2 -c 1 • > CZ ••L' n � u N azx2c^.:1C cn ens' „ 3 5 C s. p , -� L 0p .gyp O "l v� 0 O K G, - O .-T� 7 "f O O s O — ,••••••, — O; _. O M O � , M N r1 O rt co 00 00 r-'-. a f� W _ �"� O N .y N x 00 r a I-- N r, Oo O` 00 , 00 00 00 00 00 00 r` o v m a y ,� C f V r r �f cr r .... T 0 7 7 7 `7 n N N . V Q ..1.• Q er as) E = 0 = , O . 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H V: C O$ a) C L - a C •- U C C fn ai v 0 c r. — �- U c E- v s 0 i cn CO cn p i AGENDA ITEM #11 -A H R S T C O A Sall-MST NY Overview and Analysis of Tax Increment Reinvestment Zone Creation and Financing 4/15/97 For the City of Southlake Texas Page 1 .Table of Contents o Tax Increment Reinvestment Zone Creation and Financing • Overview • How funds are generated and utilized • Criteria for Implementing a Reinvestment Zone • Creation of the Zone • Board of Directors • Project Plan and Financing Plan • Powers of City • Collection and Deposit of Tax Increment Funds • Types of Tax Increment Supported Debt 4/15/97 Page 2 Table of Contents o TIF Program - Phase One of Towne Centre • Overview - Strategic Goals ^be =k • Economic Drivers / Assumptions • Financing Summary • Annual Debt Service Coverage / Cash Flow 4/15/97 EO Page 3 Table of Contents © Future Phases of TIF Program • Additional Funding Opportunities • Infrastructure Funding Capacity 4/15/97 Page 4 Overview What is it? • A defined reinvestment zone within a City that is created by Council action in order to provide infrastructure improvements to that area. Who issues the debt? • The City issues the debt, pledging ad valorem tax revenues generated ta� on the captured value within the reinvestment zone. How is the debt repaid? • Upon the creation of the TIF a base value is established within the reinvestment zone. Any incremental increase in value, the captured value, may be taxed to repay any debt or obligation within the zone. The captured value only applies to real property. The TIF may not tax personal property. 4/15/97 Page 5 Overview What can be funded front the TIF? • Acquire or renovate deteriorated, blighted or underdeveloped areas. • Acquire or construct public works, including utilities, streets, water and sewer facilities, pedestrian malls, parks, flood and drainage facilities, educational facilities, or parking facilities. Who can participate? $„ • Any overlapping taxing jurisdictions. The participation of the school and other overlapping taxing jurisdictions, in most cases, is crucial to the success of the TIF. 4/15/97 Page 6 How Funds are Generated and Utilized Tar 4. 0 Increment Fund Captured Value Tar Revenues • City, chool. County & Hospital aspital DisMct � t ;um Creation Tmunnntion Dale Dale 4/15/97 Page 7 Criteria for Reinvestment Zone • Must promote growth by improving the area • substandard or deteriorating , faulty layout, unsanitary or unsafe conditions that endanger life • be predominantly open, and impair growth; other factors • Cannot create zone if more than 10% of property in zone is residential or total appraised value in zone exceeds 15% of total appraisal value in City, 4/15197 unless petitioned by property owners. Page 8 Creation of the Zone • The City must designate an area to be a reinvestment zone. • Develop preliminary financing plan - submit to potential participating jurisdictions • Hold public hearing designating reinvestment zone (60 day notice) • City Adopt Ordinance creating zone • define boundaries • Board of Directors • make finding that improvements will enhance value of property in the zone • provide for a termination date 4/15/97 • zone will take effect on January 1 of following year Page 9 Board of Directors • At least 5, no more than 15 • Each participant may have at least one representative • The City may have no more than 10 representatives • Board must submit project plan and financial plain to City for approval 4/15/97 Page 10 Project Plan and Financing Plan • Project plan must include: • Financing plan must include: • map of existing and proposed • project costs including improvements administrative expenses • list of public works and • zoning changes (if any) p • list of non -- project costs improvements • feasibility study • estimated bonded indebtedness • description of method of financing • base value • captured value • duration of the TIF Once plan is adopted by City - participation is set and cannot 4/15/97 be reduced until termination of TIF. A Page 11 Powers of City • Cause project plans to be prepared. • Enter into agreements to implement project plan. • Acquire land for public use. • Construct public purpose improvements. 4/15/97 Page 12 Collection and Deposit of Tax Increment Funds • Determine portion of Tax Increment to be paid. • Collection of taxes provided by each taxing unit. • Each unit shall pay into fund required amount. • All pledged tax increment revenues must be deposited into the Increment Fund. Payments can only be used to pay costs of the project or pay Debt Service. 4/15/97 woo tWta Page 13 Types of Tax Increment Supported Debt • Revenue Bonds - Supported solely from increased TM _ revenues. Bonds are not general obligation of the City. • Tax and Tax Increment Revenue Certificates of Obligation - Supported by tax increment revenues and City ad valorem property taxes. • Voted General Obligation Bonds. 4/15/97 Page 14 TIF Program - Phase One of Towne Centre 1 Overview - Strategic Goals ✓ General Infrastructure Improvements • Fund through use of TIF financing • Issue Certificates of Obligation that will be self- supported by TIF revenues • Fund joint City Hall / CISD facility, park improvements and related land acquisition • Anticipate CISD participation and implement as fast as possible debt repayment • Structure financing so if CISD can not participate, reNR remaining TIF participates fund full repayment of debt service 4/15/97 owkOti WOO Page 15 TIF Program - Phase One of Towne Centre Overview - Strategic Goals v Developer Incentives • No issuance of debt • If required, utilize 380.01 grant of 1 cent City sales tax • Structure grant based on a percentage of incremental sales tax only • Structure grant based on min. incremental TAV and sales tax target level before rebate • Structure grant with maximum timeframe and total IA dollars rebated caps 4/15/97 Page 16 TIF Program - Phase One of Towne Centre Economic Drivers /Assumptions Taxable Assessed Value (TAV) A) Initial Land TAV $1.960.200 B) Incremental Real Property TAV $65.027.000 C) Incremental Personal Property TAV $28.884.450 Annual 1996/97 Ad Valorem Tax Rates Rate R. P. Taxes P. P. Taxes A) City of Southlake 0.42200 $274.414 $121.892 B) CISD 1.74000 $1.131,470 $502,589 C) Tarrant County 0.26484 $172,218 $76,498 D) Tarrant County Hospital District 0.23407 $152,209 $67.610 E) Tarrant County Junior College District 0.05772 $37,534 $16.672 4/15/97 Page 17 TIF Program - Phase One of Towne Centre g Economic Drivers /Assumptions Incremental Sales Tax # 2 Projected Incremental Annual Taxable Sales $101,300,500 Rate Sales Taxes Annual City Sales Tax 1.0% $1,013,005 Annual SPDC Sales Tax 0.5% $506,503 4/15/97 • Page 18 TIF Program - Phase One of Towne Centre Economic Drivers /Assumptions Property Taxes Sales Total Real Personal Tax Taxes I City of Sout lake 5274.414 $121.892 51.013.005 51,409,311 ' i Southlake Park Dev, Board N/A N/A $506.503 $506,503 $274,414 $121,892 51,519,508 51,915,814 4" Tarrant County S172,218 576,498 N/A $248,715 Tarrant County Hospital District 5152,209 567,610 N/A $219.819 Tarrant County Junior College District 537.534 $16.672 N/A $54,206 5361,960 5160,780 N/A $522,739 CISD $1,131,470 5502,589 N/A 51.634,059 Total Incremental Taxes 51,767,844 5785,261 ':Tr1;41i S4.072,612 I SI 50 ,,. 4/15/97 Page 19 TIF Program - Phase One of Towne Centre Financing Summary Sources of Funds Par Amount of Bonds $12,535,000 Other 0 Total Sources $12,535,000 Uses of Funds Project Construction Fund $11,200,000 Capitalized Interest 1,109,040 Underwriter's Discount 125.350 Costs of Issuance 100,000 Bond Rounding 610 Total Uses =all= 5.000 Total Net Debt Service $19,589,768 Avg. Annual Debt Service $1,088,320 4/15/97 Page 20 TIF Program - Phase One of Towne Centre Annual Debt Service Coverage / Cash Flow Excess Debt Min. Annual Annual Service Dell TIF Participates Cash Flow Cash Flow Coverage Amort. City TIF Revenues Only $274,414 - $834,626 24.7% N/A City, County, TCJCD, TCHD Ill- Revenues Only $636374 4472.666 57.4% N/A All overlapping jurisdictions TIF Revenues $1,767,844 $658,804 159.4% 10 Years City of Southlake City TIF Rev, Personal Property Tax and 1% Sales Tax $1,409,311 $300,271 127.1% 14 Years City TIF Rev., l% Sales Tax, Personal $1,915,814 $806,774 172.7% 9 Years Property Tax and l/2% SPDC Revenues 4/15/97 Page 21 TIF Program - Future Phases Additional Funding Opportunities * As the TIF's TAV increases, or Phase One debt is repaid, additional infrastructure funding opportunities will be available. These include: ✓ Multi -use recreational facilities ✓ Road improvements (both inside and bordering the district) ✓ Water and sewer system improvements ✓ Drainage improvements ✓ Other miscellaneous capital improvements 4/15/97 1P ..a Page 22 TIF Program - Future Phases Infrastructure Funding Capacity pelt issue cast Avg And Total Iaaue Size Debt Service Debt Service $10 NMI $ 886,467 $ 17,7,a33 $ 20 MM S 1,773173 $ 35,463,467 $ 30 NM $ 2659, //5 $ 53,195,500 $ 40 Mvl $ 3,546,167 $ 70,923,333 $ 5J MM $ 4,432,483 $ :: 649,667 Required Assessed Valuation City, County, All Overlapping City of Southlake TCJCD & TCHD Entities Issue Size 50.42200 50.98390 52.72390 $ 10 MM 210,063,191 90,097,232 32,544,024 $ 20 MM 420,183,254 180,218,857 65,096,859 $ 30 MM 630,278,436 270,329,810 97,645,839 $ 40 MM 840, 323, 855 360, 419, 419 130,187,109 $ 50 MM 1,050,351,501 450,501,406 162,725,626 4/15/97 kieol OitO Page 23