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1990-08-07 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING August 7, 1990 7:30 p.m. COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Betty Springer. Members: Ralph Evans, Jerry Farrier, Rick Wilhelm and Sally Hall. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; Billy Campbell, Police Chief; Karen Gandy, Zoning Administrator; Eddie Cheatham, City Engineer; Wayne Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Ralph Evans. A work session was held beginning at 6:30 p.m. in order for Council to review the agenda items for tonight's meeting. Dan Kesler, Transportation Planner with North Central Texas Council of Governments, was present and gave a brief presentation on the Mobility 2010 Plan. A copy of the information he presented is hereby incorporated into the Minutes of the meeting. The Regular City Council meeting was called to order by Mayor Gary Fickes at 7:45 p.m. Agenda Item #2, Approval of the Minutes The Minutes of the Regular City Council Meeting held on July 1990, were approved as presented. Motion: Farrier Second: Evans Ayes: Farrier, Evans, Hall, Wilhelm, Springer Nays: None Approved: 5-0 vote 17, The Minutes of the Special City 1990, were approved as presented. Motion: Farrier Second: Evans Ayes: Farrier, Evans, Hall Nays: None Abstentions: Springer and Wilhelm Approved: 3-0-2 Council Meeting held on July 31, Agenda Item 93, Mayor's Report Mayor Fickes stated that this week, House assured him that the FM 1709 Project is still in the Spring, 1992. Lewis indicated that he the right-of-way acquisitions for FM 1709. Speaker, Gib Lewis, scheduled for letting is trying to speed up City Council Minutes August 7, 1990 page two Agenda Item #3, Continued The Mayor stated that last week he received a copy of the Environmental Impact Study which was recently completed. He feels the airport is not going to push for the Southlake runway now, but will push for the Grapevine runway at this time. He stated that the study came out on August 1 and the City has 45 days to respond to it and he feels the city should respond to it. It was agreed that the city will respond to the study in the time frame allotted. Councilmember Sally Hall stated she has received three more phone calls and received one more letter in regards to the poor service being received by Planned Cable Company. She requested that in the near future, the Council should talk with them about the poor quality of service which the citizens are receiving from them. Mayor Fickes suggested that possibly some of the citizens could initiate other companies coming into the city. Mayor Pro Tem Springer stated they were going to provide a community channel for Southlake, however, they have not. Councilmember Hall stated she received a report from the Texas Air Control Board dated June 28, stating that the sampling has been done on the four fuel terminals in Southlake and everything is in order. As a reminder, it was noted that the Southlake Video Tape is available through the Chamber of Commerce or Southlake Economic Development Council. A~enda Item #4, City Manager's Report The City Manager, Curtis E. Hawk reported that he attended for the Mayor, the Tarrant County Mayor's Council meeting, where the main topic was access fees. He stated the Mayors Council is to look at the possibility of the alternatives, rather than the access fees. They are going to meet on August 13, to try and come up with an understanding. If they decide to proceed with he alternatives, as indicated by the media, then the Mayors Council has voted to retain a legal firm to challenge on several different points, and the cities will pay a pro rate fee for legal fees. Southlake's share of the fees will be from $500. to $1,000. City Council Minutes August 7, 1990 page three Agenda Item #4, Continued The City Manager announced that on August 9 and August 10, a conference will be held at the Marriott Solana, and sponsored by the Institute of Urban Studies and MetroPort, on Local Economic Development. Consent Agenda Items Agenda Item #5, #6, #7, and, #8, were considered in consent agenda, including: Resolution 90-55, urging Texans to exercise their constitutional Right to Vote. Chimney Hill, Phase II, final plat request for one year extension. Resolution 90-57, authorizing Rod Johnson, 4545 North Chapel Road, to purchase raw water from the City of Dallas. 8. Street dedication by Austin Oaks Developer. Motion was made to approve the consent agenda items Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Farrier, Hall Nays: None Approved: 5-0 vote 5,6,7, & 8. A~enda Item #10, Presentation by MetroPort This item was removed from the agenda. Agenda Item #11, Presentation: Report on Water Rate Study Tony Reed and Mike Porter with Freese and Nichols, Consulting Engineers, made a brief presentation on the Water Rate Study. Reed indicated that they had met with Councilmembers Springer and Hall, and hopefully they will have the opportunity to meet with other Councilmembers prior to the final report being presented during the City Council meeting on August 21, 1990. City Council Minutes August 7, 1990 page four Agenda Item #11, Continued Public Comments: Jerry McCrory, 1355 Ten Bar Trail, Southlake. Mr. McCrory had several questions, including: are the floods of 1989 and 1990 driving the water rates up? Will the report give the rate comparisons from Keller, Colleyville, and Grapevine? He also asked, who is on the committee? Mayor Fickes replied that the committee is made up of Council members. Agenda Item #12, Ordinance No. 510, 2nd reading. Water and Sewer Impact Fees As required by Chapter 395 of the Local Government Code, the Impact Fee Advisory Committee has worked closely with City Staff, Cheatham and Associates, and Rimrock Consulting Company to develop water and wastewater impact fees for the City of Southlake. Mickey Fishback, Rimrock Consulting Company, was present for the meeting to answer questions for Council. She indicated that it is the recommendation that capital recovery fees be enacted according to the conclusions of the study report, with maximum assessable fees to be $1,035 for water and $1,562 for wastewater. They recommend that the fee amounts actually collected be initially set at $500 for water and $1,000 for wastewater. In addition to these base fees, any impact fee collected by the City of Fort Worth would be passed along to the Southlake feepayers. Also, any costs of localized approach mains and lift stations which are not specifically included in the CIP (due to the unpredictability of their location) would be additional fees charged to new development. The public hearing resulted with no comments from the audience. Motion was made to approved the second reading of Ordinance No. Motion: Wilhelm Second: Farrier 510. Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Farrier, Nays: None Approved: 5-0 vote Springer, Hall, Evans Councilmember Wilhelm thanked the committee time and dedication to this project. for their City Council Minutes August 7, 1990 page five Agenda Item #13, Ordinance No. 480-24, 1st reading. (ZA 90-24) Karen Gandy, Zoning Administrator, made a presentation on a zoning change request and concept plat for a 21.719 acre tract of land out of the northern portion of Tract 3E, W.W. Hall Survey, Abstract No. 695. Current zoning is Agricultural with a request for SF-20A Zoning District. She stated the property is located on the north side of FM 1709, east of Diamond Circle Estates. The owner of the property is Homei Liao, and the applicant is Backes and Platt. Mrs. Gandy stated that the concept plan proposes thirty-one lots in the proposed addition. She received twelve responses: three in Lakewood Acres who were opposed to the development. Joe Baker who is concerned with drainage. She received a petition from eight property owners in Mission Estates, and this does constitute a legal protest according to the Local Government Code. The Planning and Zoning Commission approved the zoning by a vote of 6-0, on July 19, 1990. John Levitt, Levitt Engineers, 726 Commerce Street, Southlake, was present to answer questions for Council. They provided 30,000 square foot or larger lots on the perimeter of the addition. They originally allowed for five acres of commercial, but changed it to 3.477 acres at the request of P&Z. The items in the July 10, Engineers letter have been complied with. Levitt noted that the owner, Homei Liao is going to retain the commercial tract. Motion was made to approve Ordinance No. 480-24, Motion: Evans Second: Farrier Ayes: Evans, Farrier, Springer, Wilhelm Nays: Hall Approved: 4-1 vote 1st reading. Agenda Item #14, Ordinance No. 480-25, 1st reading (ZA 90-25) A zoning change for a 3.477 acre tract of land out of the W.W. Hall Survey, Abstract No. 695, the southern portion of Tract 3E. Current zoning is Agricultural, request is for the Commercial-2 Zoning District. Owner of the property is Homei Liao. The Zoning Administrator, Karen Gandy, stated she received replies from Ben Muir and Ken Gardner who are opposed. City Council Minutes August 7, 1990 page six Agenda Item #14, Continued Public Hearing: Debbie Farrier, 1336 Glen Cove, Soutlake. Mrs. questions in regards to the zoning requested, stating, good intentions, give them good intention zoning. Farrier had if they have John Levitt, Levitt Engineers, stated that they would entertain Office-1 Zoning on the easterly tract and Commercial on the westerly tract. Motion was mate to approve Ordinance No. 480-25, 1st reading, 0-1 Zoning on the easterly tract and C-1 on the westerly tract. Motion: Wilhelm Second: Evans with Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Evans, Nays: None Approved: 5-0 vote Springer, Farrier, Hall Agenda Item #13, Continued- Ordinance No. 480-24, 1st reading Due to an oversight, Mayor Fickes read the caption of Ordinance No. 480-24 at this time, and, a new vote was taken after the reading. Ayes: Wilhelm, Evans, Nays: None Approved: 5-0 vote Farrier, Springer, Hall (a change in vote from the prior vote taken before the caption of the ordinance was read, as per City Charter requirement). Agenda Item #15, Final plat of Sword Addition. The final plat of Sword Addition, a 13.638 acre tract of land out of the Benjamin J. Foster Survey, Abstract No. 519, Tract 1F. According to the Zoning Administrator, Karen Gandy, the property is located on the east side of Randol Mill Avenue, at Florence Road. City Council Minutes August 7, 1990 page eight Agenda Item #16, Continued Motion was made to approve the final plat of SouthView Estates, with the park fees being paid at the time of the approval of the developers agreement. Motion: Farrier Second: Springer Ayes: Farrier, Springer, Evans, Hall, Wilhelm Nays: None Approved: 5-0 vote. Agenda Item #17, Final Plat of SouthRid~e Lakes, Phase III The final plat of SouthRidge Lakes, Phase III, 28.813 acres out of the A.A. Freeman Survey, Abstract No. 522, was presented to City Council. Phase III represents 49 residential lots. The final plat was approved by the Planning and Zoning Commission subject to the Cheatham review letter of July 25, 1990. Mayor Fickes asked Sean Randol about the Park Dedication for this phase of the project. Mr. Randol stated they feel strongly that given the care they have put into the common areas, he requests that ~City Council give them a favorable consideration in terms of getting up to 50% credit for the amenities as provided in the park dedication ordinance. A discussion was held in regards to the radius of Peytonville Avenue. The Director of Public Works, Michael Barnes, noted that -the main factor in determining radius' is the speed limit. Debbie Farrier, 1336 Glen Cove, Southlake, asked when City Council discusses radius, does that have anything to do with how wide Peytonville Avenue ends up. Motion was made to approve ZA 90-33, final Lakes, Phase III, subject to staff right-of-way on Peytonville Avenue and that the giving fees instead of park land dedication. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Farrier, Evans, Hall Nays: None Approved: 5-0 vote. plat of SouthRidge consideration of the developers will be City Council Minutes August 7, 1990 page seven ~enda Item #15, Continued Johnny Sword was present for the meeting, as well as Monica Haverkamp, applicant. It was noted that during the preliminary plat, concerns were discussed in regards to underground gasoline tanks being in the right-of'way. A possible solution has been derived. The Haverkamps have presented a letter to the City accepting full responsibility for the underground storage tanks, for the removal and necessary clean up. The letter ~will apply to the future property Owners of the property and also the city. They have also signed a letter regarding the use of the property. Mrs. Gandy had sent them a letter spelling out the limits of C-2 use and they have a full understanding of the limits of use on the property. Mayor Fickes referenced the letter of July 31, 1990, sent to Haverkamps from Karen Gandy, in regards to the limits of use in he zoning district. Mrs. Haverkamp agreed to the terms of the letter. Motion was made to approve ZA 90-31, final plat of Sword Addition, as revised to show a reservation rather than a dedication in front of the storage tanks, such approval to be subject to the execution of a recordable agreement between the Haverkamps and the City, essentially the lines of the August 3, letter (attached to the minutes). Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Farrier, Hall Nays: Springer Approved: 4-1 vote A ten minutes recess was held at this time. Agenda Item ~16, Final plat of SouthView Estates, Phase II Final plat of SouthView Estates, Phase II, a 14.614 acre tract of land out of the W.W. Hall Survey, Abstract No. 695, Tract 6, was presented to the City Council. Zoning Administrator, Karen Gandy, noted that the Planning and Zoning Commission approved the plat subject to the July 10, Cheatham review letter being complied with and subject to a revised water and sewer study being completed before it goes to the City Council for approval. Director of Public Works, Michael Barnes, noted that there needs to be a resolution of park fees at the time of final plat. John Levitt, Levitt Engineers, responded that the park dedication 'would be paid in fees rather than land. City Council Minutes August 7, 1990 page nine A~enda Item #18, ZA 90-19, Replat of Lots 4,5, & 6, Cedar Oaks Addition. The replat of Lots 4,5, & 6 of Block 1, Cedar Oaks Addition, being a 11.815 acre tract of land out of the John Childress Survey, Abstract No. 253, was presented to the City Council. Karen Gandy, Zoning Administrator, noted that thirty-nine letters were sent to property owners within 200' Eighteen property owners in the addition signed a petition, as per the Local Government Code, which requires four affirmative votes of Council for approval. The Planning and Zoning Commission approved the replat with a 6-1 vote, on July 19, 1990. Warren Hagan, with Washington & Associates, indicated that they have met the concerns in the Cheatham review letter, and they do comply with all city standards. Mayor Fickes called attention to the petition in the packet,'which is in opposition to the replat. Motion was made to approve ZA 90-19, Replat of Cedar Oaks Addition. Motion: Hall Second: Farrier Ayes: Hall, Farrier, Springer, Evans, Wilhelm Nays: None Approved: 5-0 vote. Lots 4,5, & 6, of A~enda Item #19, Subordination of Mechanic's Lien- Don Teer The City Manager, Curtis E. Hawk, explained that in 1980, the city agreed to pay $2,000 toward the cost of a septic system on 1320 Blue Teal Court, in Dove Estates Addition, to serve as a demonstration project. Recently, Mr. Teer has applied for a Texas Veterans Land Board loan to improve his house. He requested that the city subordinate the lien since the VLB requires a second lien. Mr. Teer has agreed to pay $20 per month on his water bill, and the balance due on January 27, 1996, in exchange for the subordination agreement. The funds were not available through a lending agent to pay off the loan to the city. Motion was made to approve the subordination of mechanics Don Teer. Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Evans, Springer, Hall Nays: None Approved: 5-0 vote lien for City Council Minutes August 7, 1990 page ten Agenda Item #20, Ordinance NO. 514, 1st reading. Amending Ordinance No. 440, Requirements for Septic Systems Ordinance No. 514, amending Ordinance No. 440, establishing requirements for septic systems was discussed. One revision was made to the ordinance: Section 2A "any single lot of record, under single ownership". Motion was made to approve the amended. Motion: Wilhelm Second: Evans 1st reading of Ordinance No. 514, as Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Evans, Farrier, Nays: None Approved: 5-0 vote Hall, Springer Agenda Item #21, Developers Agreement for Southlake Hills Addition The Director of Public Works, Michael Barnes, reviewed the changes made to the standard developers agreement. Mayor Fickes asked that the agreement state that the developer will take some measures to keep erosion on his property. Motion was made to approve the developers agreement for Southlake Hills Addition, subject to inclusion in Section III-c, of a requirement that the developer uses reasonable requirements to retain silt on his tract of land. Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Evans, Springer Nays: None Approved 4-0 (Councilmember Hall did not vote on this item) Agenda Item #22, Michael Drive, in Tiffany Acres A discussion was held in regards to a letter which was received from an attorney, who represents the property owners on Michael Drive, requesting that Michael Drive be maintained by the City, or the City provide documentation that Tiffany Acres has been abandoned. The City Attorney was instructed to prepare the proper document in order for the city to resolve the matter by filing an abandonment. City Council Minutes August 7, 1990 page eleven Agenda Item #23, Discussion: Proposed FY90-91 Budget A brief discussion was held in regards to Fiscal Year 1990-91 Budget. A budget work session has been scheduled of August 14, 1990, at 7:00 p.m. Agenda Item 924, Executive Session Mayor Fickes announced that at this time, the City Council into executive session pursuant to V.T.A.S. Article Section 2(e), 2(f), 2(g). would go 6252-17, Council went into executive session at 11:55 p.m. Council returned to open session at 12:45 a.m. Agenda Item #25, Action Necessary/Litigations No action was taken on this item as the result session. of the executive Agenda Item 926, Action Necessary/Personnel Matters No action was taken on this item as the result of session. the executive Agenda Item #27, Resolution 90-56, Appointments to Environmental Task Force No action was taken on this item as the result of the executive session tonight. Council requested that an executive session be added to the agenda for the August 14, 1990 meeting in order for them to further consider appointments to the Community-Wide Environmental Task Force, in Resolution 90-56. Agenda Item #28. Adjournment Motion was made to adjourn the meeting at 12:50 a.m. Motion: Evans Second: Hall Ayes: Evans, Hall, Springer, Wilhelm, Farrier Nays: None Approved: 5-0 vote ~ //~ ~ =,y~/~Or ~ar~ ~ City Secretary ~,~ .... August 3, 1990 Mr. Curtis E. Hawk City Manager City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 RE: Block 1, Lot 1, Sword Addition Dear Mr. Hawk: During the platting process for the above - subject property, many concerns have been raised concerning the existence of underground gasoline storage tanks on the property and within the proposed right -of -way dedication to the City. In order to assure that there is no problem in the future, we would like to make the following covenants and representations to you. The undersigned agree to take full responsibility for the underground storage tanks, including any responsibility for the removal of the tanks and any clean -up or leakage which may occur or may have already occurred from the tanks and we agree to bear the full costs thereof. We further understand and agree that the above removal and clean -up shall take place as soon as required by either the City or any other governmental entity which may have jurisdiction over these matters. We further agree to indemnify, hold harmless and defend the City of Southlake from any and all liability or damages for personal injury, including death, or property damage, whether real or asserted, arising out of the existence, use or location of the underground storage tanks, including any costs associated with the removal, clean -up or leakage of the tanks or associated with the dedication of right -of -way to the City of Southlake, whether or not caused by the alleged negligence of the City of Southlake, its officers, agents, servants or employees. We further understand and agree that we are assuming all responsibility for the existence, location or use of the tanks whether or not any legal responsibility for same would belong to the City of Southlake and /or any prior owners or users of the property. ,) A c _-k J\ ii.tkk .11 /( ti Lp Roger Haverkamp SUBS IBED AND SWORV TO BEFORE ME by Roger Haverkamp on this the day of 6CL64C( , 1990. x i /i ,f, ,-.,:pvtwtisittoovf> / /Q i ti / . /./z r'<< SA 1 R �• � G Ll � ��' the State of Texas 4 ;Notary Public in an for I 1 \'.�tAart f ;L °? �',,�•; +�° _ My Commission Expir ° „ STATE OF I`' ,A �� y.� � ., o i A7� c. �.�,a Y} ` ' my ex.. f m. Exp.')2;i/ AN9J 1.16.444,404-40444„04,,,,4774,,4.44444;... ( , xi odrif A / C r(r Type /Print Notary's Name t d, �E/441 a '1' M .1 - ' r, Z O 1 s• .- ....x , ,, M r { 1r� � _ ! � +I . t , L. 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V:11.44*., 1 4' 1A,% :, r+ u T • i to' 41 1_, k: w „{y,.:� a , 3` r J + " e c �yy y MOBILITY 2010: THE REGIONAL TRANSPORTATION PLAN FOR NORTH CENTRAL TEXAS 4 DRAFT PLAN PRESENTED TO SOUTHLAKE CITY COUNCIL August 7, 1990 North Central Texas Council of Governments Transportation Department -.3 a: , a > w Z 2 0 J o W' a( . . ,, ggggggggggg : ••. ••. 41r. .. Ikk, ,. iiiiiiiitit .‘ t, a e PrA\ * L Cr 1 4b ■ _ N N • C 1— > J W W F CO .. O LL ' S. ' i , ■ a 1 • • • • 1 o v 17 • ■ li - -"-- - ,, , • ■ . I • . ■ !0 in O. i1 0 i • in W !0 j mom ..........a tae- 4 A i 3 C i S. a' 3 u. ai • L . 3 a. 3 w Co z £ U CL kJ F. J u W w o re z m m Q. 1.. ; 0...: - • . ••� 4.uo..luob• • • -.. 411..*-- I ' oo.o..•.. nowuto. • I. i * • 1 . • , ••• •••• t N •s p.N•� uo•••• +.r . • ,• t { Q - ,i • CC * n. sss W .•' .a•� •� ce oa •: SIN O J • Na ••• $ : • >. Z ,•• . n.n•••�• nW . , .. Lu i Mani . Q g 0 PA i : pon WW - •3 � •• •., t CC i. 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''"'. c- , ( o >_ P- .7-I < NMI MI F - 0 Will . '4 r w Z D 1 4.• 4 x _ k i . ., . ---- * lb , c I/ iv 1110 ..:, > 0 a) s.. w o 0 -- >• , = > co s. u 9_ 0 Q_0 City of Southlake Water and Wastewater Rate Study prepared by Freese and Nichols, Inc. in association with Lewis F. McLain, Jr. Update of Key Objectives as Presented 8/7/90 Review and analyze historical financial requirements for the water and wastewater systems and make projections through Fiscal Year 1994 -1995. • A multi -year financial plan has been developed from historical data. Projections for the next five years were made based on growth assumptions and discussions with city staff. Review existing and proposed contractual relationships between the city and others, e.g., City of Ft. Worth, TRA, etc. • Project Team has evaluated contracts and incorporated any relevant effects in the multi -year financial plan. Establish a listing of immediate and anticipated future major capital improvements. • Utilizing the capital improvements identified in the Impact Fee Study and consultations with city staff, a 5 -year phasing plan for improvements has been created. Page 1 • Update of Key Objectives, cont'd Analyze historical billings by customer class to determine distribution of volume and revenues. • Historical billing information by customer class for a 12- month period has been entered into the "rate design phase model" and an analysis performed detailing consumption rates and dollars generated by each class and bracketed volume. Design an equitable rate structure which will allocate relevant costs to each customer class based on usage and demand on the system. • Upon entering historical information into the "rate design phase model ", a series of rate design alternatives have been produced for discussion purposes and are currently being reviewed by the Rate Study Committee. Develop a comprehensive rate design software package for use by the city. • The rate design software package has been developed and is being utilized in the presentation of the multi -year financial plan and the "rate design phase model." Present the final report summarizing the results of the study. • Following another workshop session with the Rate Study Committee, a final draft of the study is tentatively scheduled for presentation to the City Council on August 21st. Page 2