2001-06-19 REGULAR CITY COUNCIL MEETING
TOWN HALL, 1400 MAIN STREET
SOUTHLAKE, TEXAS
MINUTES
JUNE 19, 2001
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph
Evans; Deputy Mayor Pro Tem Patsy DuPre. Members: Greg Standerfer, Rex Potter,
Tom Stephen, and Keith Shankland.
CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager
Shang Yelverton; Assistant to the City Manager John Eaglen; Director of Finance Sharen
Elam; Director of Economic Development Greg Last; Director of Public Works Pedram
Farahnak; Senior Engineer Charlie Thomas; Director of Planning Bruce Payne; Senior
Planner Dennis Killough; Director of Community Services Kevin Hugman; Director of
Public Safety Ricky Black; City Attorney E. Allen Taylor Jr.; and, City Secretary Sandra
L. LeGrand.
WORK SESSION: The Work Session was called to order at 5:40 p.m. by Mayor Rick
Stacy. During the work session Councilmembers conducted interviews for Judge of the
Municipal Court. Also during the work session, Councilmembers and staff discussed
items on the agenda. The work session is audio and videotape recorded for future
reference. Copies are available from the Office of the City Secretary.
✓ During the work session, Evelyn Taylor, chairman of National Multiple Sclerosis
Society was present and informed Council of a Walk -A -Thon that is proposed at
Rustin Park pavilion for a fund raining activity to raise funds for the MS Society.
She indicated that they want to raise $53,000 with this event. The event is being
planned for September 15, 2001, from 8:00 a.m. until noon and will be a 3.1 -mile
walk.
Council recessed for interviews for Municipal Judge at 5:40 p.m.
Council returned to work session at 7:05 p.m.
The work session ended at 7:13 p.m.
REGULAR CITY COUNCIL MEETING
Agenda Item #1, Call to Order
Mayor Rick Stacy called the Regular City Council meeting to order at 7:13 p.m. City
Council meetings are video and audio tape- recorded for future reference and copies are
available upon request from the Office of the City Secretary.
Regular City Council Meeting Minutes of June 19, 2001 Page 1 of 18
Agenda Item #2 -A, Executive Session
Mayor Stacy announced that Council would be going into executive session later on
during this meeting.
Agenda Item #3, Invocation and Pledge to the Flag
Mayor Pro Tem W. Ralph Evans gave the invocation tonight, followed by the Pledge of
Allegiance to the flag.
Agenda Item #4 -A, Mayor's Report
Mayor Stacy made the following announcements:
• June 21 at 7:30 a.m. Metroport Partnership meeting will be held in Town Hall in
the 3 floor conference room. All Councilmembers are urged to attend.
• June 22 at 7:00 p.m. the Carroll High School Band will be having a "Send -Off
Concert" at the Pavilion at Southlake Town Square. The concert will be for their
trip to Tring, England. Please join them for some great music.
• The City Council will hold a Budget Retreat on June 26, at 6:30 p.m. The
meeting will be held in Town Hall, 3 floor conference room.
• The July 3 Regular City Council meeting has been cancelled. A 4 of July
Stars and Stripes Celebration will be held in Town Square and Councilmembers
are invited to participate. The events will begin at 5:00 p.m. with a firework
show starting at dusk [about 9:15 p.m.]. The Mayor stated that off -site parking is
being planned using buses.
Agenda Item #4 -B, City Manager's Report
City Manager Billy Campbell stated he had no report tonight.
Councilmember Patsy DuPre reported, however, that the Local Option Senate Bill is
about to be passed. She expressed appreciation to State Representative Vicki Truitt for
all her hard work in helping the Cities of Southlake and Westlake by presenting this bill
and getting it passed and signed by our Governor, on our behalf. A Local Option
Election committee has been formed and EraLee Caldwell has been named chairman of
the committee. DuPre stated, "It will be quite a task to get everything together for a
Southlake Local Option Election, but it will bring many new businesses to Southlake."
DuPre announced that the Public Art Policy would be discussed during the next City
Council meeting.
Regular City Council Meeting Minutes of June 19, 2001 Page 2 of 18
Agenda Item #4 -C, SPIN Report
The SPIN Report was given by Curtis Powell, Co- Chairman of SPIN #15. Mr. Powell
gave the location of SPIN #15 area. He stated items of interest to this area include:
Trailhead Development, North Pearson reconstruction project, and the Remington
Assisted Living Center. Other issues involving this area of Southlake include: Terra
Land Development has a 20 -acre project proposed with 19 home sites; Retail
Commercial on F.M. 1709 and Davis Boulevard; and Annie and Royal Smith Park. Mr.
Powell stated the neighborhood is very anxious for the park to be ready for use.
Agenda Item #4 -D, Park Board Report
The Park Board Report was given by Bobby Rawls, a new member. Mr. Rawls stated the
Park and Recreation Board elected officers to fill the unexpired term of Chair, previously
held by Sherry Berman. The Board elected Chris Miltenberger as Chair; Cara White as
Vice -Chair and Mary Georgia as Secretary.
Mr. Rawls stated he has been appointed as the Park Board representative to the Joint Use
Committee (JUC) and looks forward to participating in that committee.
Agenda Item #5, Consent Agenda
Mayor Stacy informed the audience that the consent agenda items are considered by one
vote. He stated if anyone had a request for an item not to be considered during the
consent agenda segment, the item would be deleted from the consent agenda and
considered separately with the regular agenda. The consent agenda items for this meeting
include:
5 -A. Approval of the minutes of the Regular City Council meeting held June 5, 2001.
The minutes were approved as presented.
5 -B. Authorize the Mayor to execute a Commercial Developer's Agreement for O.W.
Knight, Lot 19, west of Byron Nelson Parkway on F.M. 1709.
The final plat for O.W. Knight was approved on March 20, 2001. The addition
has 19 lots along the south side of F.M. 1709 just west of Bryon Nelson Parkway.
The construction is proposed on Lot 19 [only an office building], and it is directly
adjacent to Radiology Associates, on the west side. This Developer's Agreement
covers the construction of public improvements, which includes an 8" water line
and the extension of an access driveway that currently connects to Byron Nelson
Parkway. Upon recommendation by the Park and Recreation Board, the developer
wishes to escrow $4,905.60 for an 8" trail construction along F.M. 1709 in lieu of
the trail and the park fee.
Regular City Council Meeting Minutes of June 19, 2001 Page 3 of 18
5 -C. Approval of a License Agreement with Dallas Area Rapid Transit (DART) for the
purpose of constructing, maintaining, and using the proposed Brumlow Avenue
widening at the intersection of State Highway 26 across the DART right -of -way.
The Traffic Management Bond Program, approved by voters in May 1999,
includes the reconstruction and widening of the intersection of Brumlow Avenue
and SH 26. Council awarded the construction contract on June 5, 2001. In order
to widen the roadway and railroad crossing, DART requires the execution of a
License Agreement for the purpose of constructing, maintaining, and using the
proposed Brumlow Avenue widening. The new railroad crossing will be fully
signalized with gates and signal interconnected with the traffic signal at SH 26.
As required by DART $1,320. DART License fee will be required from the 99/00
Traffic Management Bond Program.
5 -D. Approval of North Central Texas Chapter of the National Multiple Sclerosis
Society application to hold a fundraising Walk -A -Thon at a public facility (Rustin
Park pavilion and Family Park),
This request to reserve Rustin Park pavilion for a fundraising activity meets the
adopted policy with the exception that the organization is not based in Southlake.
As such, staff is not given the authority to approve the request. Staff has
reviewed the requirements and recommends approval.
5 -E. Award of bid to Keck and Company for construction of restroom No. 2 and pump
house, and Alternates #1, #2, and #3 for water intake structure, piping, and wet
well at Bob Jones Park.
During the Capital Improvements Plan (CIP) discussions, with SPDC last
summer, the Board requested that staff pursue moving up the construction of
restroom #2 at Bob Jones Park (south area by practice ballfield) to the current
project year. SPDC subsequently approved the FY 2001 -2002 CIP with an
additional $450,000 in the Bob Jones Park project for the addition of this restroom
and features associated with the second pond (south of the practice ballfield).
This agenda item is to award the bid to the low bidder, Keck and Company. In
addition to the restroom building, the bid specifications also added a pump house
for the second well, and add alternates for a water intake structure, piping, and
wet well for a future irrigation system. The contract amount, with the added
alternates included, is still $40,000 less than the original proposal from Botanical
Technologies and is within the budgeted amount. Staff recommends approval of
the base contract and alternated #1, #2, and #3, and a project contingency of 5%
for a total budget not to exceed $263,691.
Regular City Council Meeting Minutes of June 19, 2001 Page 4 of 18
5 -F. Approval of Change Order No. 3 to CMPA, Inc., for the Department of Public
Safety - West Facility - City of Southlake Project No. 00 -3320.
During grading of the drainage ditch adjacent to Randol Mill at the west entrance
to the facility, a 12 -inch waterline that runs along the east side of Randol Mill
separated when it was inadvertently exposed. Following repair of the line, it was
determined that in order to properly grade the drainage ditch and protect the
integrity of the line, the line would need to be relocated away from the ditch,
blocked and restrained at the joints. PSA and staff received a proposal from
CMPA to make the change for an increase of $7,700. PSA and staff have
reviewed this proposal and find it to be acceptable. It is recommended that this
change be approved for an increase of $7,700. The City's contract currently
provides a "Contingency" item in the amount of $150,000. If approved, these
changes can be included under the "Contingency" item and no changes in the
contract amount or the contract time will occur as a result of these changes.
5 -G. Award of bid for the construction of concrete pavement replacement in the
Timberlake, Southview, and Myers Meadows additions.
The Council approved pavement replacement project in the FY00 -01 CIP for
various locations. Staff has identified areas in need of replacement in the
Timberlake, Southview, and Myers Meadows subdivisions, and has entered into a
professional services agreement with Cheatham and Associates to prepare the
contract documents. The contract time for completion of work is 45 calendar
days. Seven bids were received on May 22, 2001. The bids have been reviewed
by Cheatham and Associates and City staff. SRO General Contractor is the low
bidder at $180,000. The bid amount is within the budget for this project when
combined with additional funds as follows:
o FY00 -01, CIP, street failure rehabilitation, $80,000 is available and staff
recommends use of $80,000;
o FY00 -01, Street Operating Budget No. 100 - 144 -5781 was available, staff
recommends use of $45,000;
o FY99 -00 CIP, traffic mitigation/calming project and staff recommends
use of $100,000.
5 -H. ZA 01 -041, Plat Revision for The Lakes on Dove, on property legally described
as Lot 2, Block 1, Emerald Estates South.
The property is located on the north side of East Dove Street approximately 150'
east of North Carroll Avenue. The current zoning is "SF -1A ". A zoning change
and a preliminary plat were approved for the "Lakes on Dove" on February 6,
2001. The Thoroughfare Plan indicated a 94' right -of -way, 47' measured on each
side from the centerline of the existing road, for the section of Dove Road to
which the property fronts. At the time of approval of the Preliminary Plat, a
variance was granted allowing a total of 42' of dedication with the provision of a
Regular City Council Meeting Minutes of June 19, 2001 Page 5 of 18
6' pedestrian access easement. The survey for the Plat Revision has determined
that the existing Right -of -way varies from 33' on the east side to 40' on the west
side. Staff has recommended that the applicant provide right -of -way dedication,
which would account for 42' of right -of -way from the centerline. The applicant is
proposing a dedication of 41' from street centerline along with the 6' pedestrian
easement dedication [variance requested]. On June 7, 2001, the Planning and
Zoning Commission approved (7 -0) subject to the Revised Plat Review Summary
No. 3, dated June 7, 2001 stipulating the requested variances.
5 -I. ZA 01 -043, Plat Revision for Lot 16R, Block 39, Crescent Royale, on property
legally described as Lots 16 and 17, Block 39, Timarron Addition Crescent
Royale.
The location of the property is at 609 and 6121 Regency crossing which is located
in the Timarron Addition. The current zoning is "R -PUD ". The purpose of this
request is to combine Lots 16 and 17, Block 39, Timarron Addition - Crescent
Royale, into one lot and abandon a 10' maintenance and access easement located
between the lots. On June 7, 2001, the Planning and Zoning Commission
approved this item (7 -0).
Motion was made to approve the consent agenda as noted above, and read into the record
by Mayor Rick Stacy.
Motion: Standerfer
Second: DuPre
Ayes: Standerfer, DuPre, Potter, Stephen, Evans, Shankland, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #6, Public Forum
Wayne Moffat, 1414 Whispering Dell Court, Southlake. Mr. Moffat stated he is here to
address the method in which the homeowners were treated regarding a zoning case
[Haltom Creek Estates], which has gone before the Planning and Zoning Commission
and the City Council. He stated he feels the city is arbitrarily removing signatures in
opposition to a zoning case. He commented that he feels the method for notification has
evidently changed because this is not the way it has been for many many years. He stated
he feels the rules have been changed in the middle of the road.
Mayor Stacy commented that the "rules have not changed in the middle of the
road." Councilmembers expressed concern that the process was different for this
case than for other cases in the past.
E. Allen Taylor Jr., City Attorney, stated it would be more appropriate for
questions to be answered when the case comes before the City Council. Taylor
commented that if it is a new case, new notices must be sent. If it is the same
case, the current letters and petitions stand. Mr. Moffat stated they have been
Regular City Council Meeting Minutes of June 19, 2001 Page 6 of 18
renotified of the same case, and they want their original letters and petitions to
stand.
Bob Bonchek, 1820 Hunters Creek Drive, Southlake. Mr. Bonchek stated he is present
with two issues: legal protest [that impacts the vote of the council] and expression of
opposition. It is his understanding that the Planning staff have removed the letters of
opposition. Can the City Council direct the Planning staff to reinstate the letters of
opposition to the Planning and Zoning Commission, as there are three new members to
the P & Z?
Mayor Stacy encouraged all the people surrounding this proposed subdivision to
be present for the P & Z meeting and express their opinions.
Agenda Item #7 -A, Ordinance No. 802, 2 " Reading, Verizon Wireless- Network
Observation and Control Center.
Ordinance No. 802, 2" Reading, Verizon Wireless- Network Observation and Control
Center, designating Reinvestment Zone Number Three in the City of Southlake, Texas,
pursuant to Chapter 312 of the Texas Tax Code; establishing the boundaries thereof and
other matters relating thereto; providing that this ordinance shall be cumulative of all
ordinances; and providing a severability clause.
Director of Economic Development Greg Last stated that prior to the adoption of a tax
abatement agreement, the subject property must be designated as a reinvestment zone by
ordinance. This ordinance designates the 24 acres of the Verizon Wireless NOCC as the
TIRZ Number 3.
Present representing Verizon Wireless was Mr. Bud Berry, Attorney for Verizon, and Mr.
Bob Scanilli, new manager for the Southlake Verizon facility. Mr. Berry gave a summary
of the SPIN Meeting held on June 18, 2001, whereby residents in the Kirkwood Hollow
addition were present to discuss issues with Verizon and City staff members. The key
discussion points, issues raised fell into three categories:
o Architectural materials for the building,
o Landscaping - especially along the perimeter of the property along
Kirkwood and at the northeast corner of the property across from
Kirkwood Hollow's main entrance; and,
o Parking lot- placement, material and lighting.
Mr. Berry reviewed the nature and extent of radio frequency (RF) electromagnetic field
(EMF) distribution in our environment relative to EMP emissions resulting from mobile
wireless communications systems/Data Liking. A copy of the "Scinetics" Radio
Frequency Report dated June 18, 2001, is hereby attached to the minutes of this meeting.
PUBLIC HEARING:
Regular City Council Meeting Minutes of June 19, 2001 Page 7 of 18
Nancy Carnahan, 400 Marshall Road, Southlake. Ms. Carnahan stated that although she
is a SPIN representative for the City of Southlake, her comments made tonight are her
own comments and not the voice of SPIN. She stated that Verizon representatives have
been very informative, but she feels that not enough has been said about the microwave
tower and the new elementary school in their area. Ms. Carnahan asked the City
Council to delay this item long enough for the City and residents to do further study. She
asked Mr. Unger if they could move the tower to another location or move the elementary
school site?
Mr. Carnahan, 400 Marshall Road, Southlake. Mr. Carnahan stated his problems are
with twenty -four hour traffic and the tower. He is concerned that they are safe and that
there are studies being done.
Bill Vaughn, 401 Marshall Road, Southlake. Mr. Vaughn stated they had a good meeting
last night. He noted that Mayor Stacy, Councilmember Rex Potter, SPIN Chairman Mike
Conrads, and two P & Z members were present. He stated the residents still prefer not to
have Verizon in this location. He asked that it be made a matter of public record that the
residents in Kirkwood Hollow have been slighted and the issue of moving it through as a
`fast- tract' is wrong. To have so little time to review the issues has brought about
mistrust by the residents. It should not happen again to other neighborhoods. He stated
that the residents came to Southlake for the residential environment but realizes at the
same time that Southlake needs commercial. The actions of this City Council are not
appealing to them at all. They are baffled that this has happened so quickly. They want
everyone to know that the residents of Kirkwood Hollow want to be involved. They want
to know what is being planned in their area. They also expressed concerned for 25 acres
between Sabre and Verizon. They want to know what is going on there. He referenced
the SPIN Report presented tonight from last night's meeting [pages 1 through 4]. Mr.
Vaughn stated they are supposed to have a follow -up meeting with the developers on July
9 at the Model Home site at Kirkwood Hollow. They asked that the items brought up
tonight be made a part of the record.
Eric Milhizer, 452 Marshall Road, Southlake. Mr. Milhizer discussed the tax abatement.
By allowing Verizon to build in that location, the City is limiting use on the remaining 25
acres. He commented that traffic is a concern and the tax abatement is a concern.
Mike Lancaster, 456 Marshall Road, Southlake. Mr. Lancaster stated he is a cancer
survivor, and he has had twenty radiation treatments. He is very careful because of his
condition, and he would never live by a microwave tower. He expressed concerns.
Mayor Rick Stacy commented to Verizon that he and the City Councilmembers
couldn't go forward if there is a chance this tower could cause cancer.
The new Southlake plant manager stated they would follow the Federal
Guidelines regarding the tower.
Regular City Council Meeting Minutes of June 19, 2001 Page 8 of 18
Mr. Berry, attorney for Verizon, stated all cities have ordinances, and he stated he
does not know if anyone can answer the questions about the tower causing cancer.
They will go back and research everything they can along this line.
Mayor Stacy stated the Developer Agreement will be ready in two months, and he
is asking Verizon to do what they can to research the issue. If there is even a
remote possibility of the tower causing cancer, he wants to know.
Councilmember Keith Shankland asked the question, "What is the ark of beam or
cone ?" Mr. Berry stated it is more like a beam. Shankland wants to know which
direction the beam will be pointed in. He would like the answer to this question
as soon as possible.
Motion was made to approve 2 °a reading of Ordinance No. 802, Verizon Wireless-
Network Observation and Control Center, designating Reinvestment Zone Number Three
in the City of Southlake.
Motion: Standerfer
Second: DuPre
Ayes: Standerfer, DuPre, Potter, Stephen, Evans, Shankland, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #7 -B, Resolution No. 01 -037, Adopting a Revised Tax Abatement
Policy
Resolution No. 01 -037, Adopting a Revised Tax Abatement Policy; establishing
guidelines and criteria for tax abatement agreements; and electing to become eligible to
participate in tax abatement.
Director of Economic Development Greg Last stated prior to entering into a tax
abatement agreement, the city must adopt a tax abatement policy. We have had a basic
policy for several years. The most recent policy, adopted concurrent with the Sabre
project, expired in May, thus requiring the adoption of this policy. Major highlights
include:
Page 1, Section 3.C.1 The minimum thresholds were changed to ensure
compliance by Verizon Wireless. The prior policy required "a minimum of 1,000
full -time jobs with an average annual total compensation of $50,000" and this
version requires "a minimum of 500 full -time jobs which have an average annual
salary of $40,000."
Page 2, Section 3.C.2 The prior policy stated "average annual total compensation
of $50,000" and this version states, "average annual salary of $40,000 ". This was
done to be consistent between the new construction and the expansion or
modernization.
Regular City Council Meeting Minutes of June 19, 2001 Page 9 of 18
Page 2, Section 4 The prior policy included a section entitled "Recapture" which
stated, "If the terms of the tax abatement agreement are not met, the City Council
has the right to cancel or amend the abatement agreement. In the event of
cancellation, the recapture of abated taxes shall be limited to the year (s) in which
the default occurred, or continued." It is not included in the current draft. The
attorneys recommended deleting this because it is provided for in the actual tax
abatement agreements.
Motion was made to approve Resolution No. 01 -037, Adopting the Tax Abatement
Policy as presented with the change as noted by Director Last.
Motion: Standerfer
Second: DuPre
Ayes: Standerfer, DuPre, Potter, Evans, Stephen, Shankland, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #7 -C, Resolution No. 01 -038, Approving the Terms and Conditions of
an Agreement by and among the City of Southlake and Verizon
Resolution No. 01 -038, Approving the terms and conditions of an agreement by and
among the City of Southlake, Texas, and Cellco Partnership dba Verizon Wireless;
establishing and providing for tax abatement; and authorizing its execution by the Mayor.
Director of Economic Development Greg Last stated the tax abatement agreement
addresses the length of time of the tax abatement, extent of abatement granted, and
threshold for performance by both entities. Major highlights include:
Page 2, Section 1.G You might want to pay attention to this particular definition.
It is fairly critical and used throughout the agreement.
Page 3, Section 2.A These are the thresholds the company must meet in order to
be granted tax abatement.
Page 4, Section 3.0 This section shows the step -down tax abatement percentages
over the 4 -year period.
Page 4, Section 3.E This section is an incentive (10% for 5 years) to be added to
the NOCC premises if a second building greater than 200,000 square feet is
constructed in Southlake on a site other than the NOCC site.
Mr. Last asked Council to look at Tab #6 in the document and suggested the following
changes: On page two, delete the start date; Page three, change thresholds to abatement
document and combine the real and personal property; Page 3.D. change to 300 full time
employees as of the time the certificate of occupancy is issued.
Regular City Council Meeting Minutes of June 19, 2001 Page 10 of 18
Motion was made to approve Resolution No. 01 -038, incorporating the changes as noted
above made by Greg Last, Director of Economic Development.
Motion: DuPre
Second: Stephen
Ayes: DuPre, Stephen, Shankland, Standerfer, Potter, Evans, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #7 -D, Resolution No. 01 -039, Approving the Terms and Conditions of
a program to promote economic development.
Resolution No. 01 -039, Approving the terms and conditions of a program to promote
economic development and stimulate business and commercial activity in the city; and
authorizing the Mayor to execute an agreement with Cellco Partnership dba Verizon
Wireless for such purposes.
Director of Economic Development Greg Last stated the Chapter 380 agreement is
basically the document that summarizes all incentives or commitments by either party
that are not in the tax abatement agreement. The construction sales tax capture was also
used with Sabre and is working fine. Major highlights include:
Page 3, Section 4.a This section is where we formalize the construction sales tax
process. Basically the company establishes administrative procedures to take
possession or purchase construction materials on the job site in Southlake. The
sales tax is collected in Southlake, paid to the Comptroller's office, who quarterly
forwards to the City. The company documents what they have collected and
submit a schedule to the City. The City pays the company the .5% amount. This
provision allows the City to collect 1.5% sales tax on items that we otherwise
might not have collected. The full amount goes to the SPDC and CCPD and .5%
still goes to the general fund.
Page 3, Section 4.b This is where it documents the fee waivers and reductions.
These are as we previously discussed. Note that this applies to Phase I initial
construction as well as future phases of "initial construction" only, not to
redevelopments, remodeling, etc.
Page 4, Section 5 This section itemizes the commitments of the company. These
items must occur, or they would be in default.
Page 6, Section 10.b This section requires that if the company is in default, the
City be entitled to recovery of the fees not charged and the sales tax payments.
Mr. Last stated on page 4, that be changed to 400 employees at the date the Certificate of
Occupancy is issued or as of January 2004.
Regular City Council Meeting Minutes of June 19, 2001 Page 11 of 18
Motion was made to approve Resolution No. 01 -039, with the amendments as outlined in
the June 19 memorandum from Mr. Last [attached hereto and made a part hereof]
Motion: Standerfer
Second: DuPre
Ayes: Standerfer, DuPre, Potter, Stephen, Evans, Shankland, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item 7 -E, Ordinance No. 480 -144A, 2 " Reading (ZA 01 -038)
Ordinance No. 480 -144A (previously referenced as Ordinance No. 480 -369), 2 Reading
(ZA 01 -038), Rezoning on property legally described as Tract 2C1A, T.M. Hood Survey,
Abstract No. 706, and being 1.00 acre. Currently zoned as "AG" Agricultural with a
requested zoning of R -PUD" Residential Planned Unit Development.
Senior Planner Dennis Killough presented ZA 01 -038 noting that a request for R -PUD
zoning requires a concept plan or development plan along with the zoning request. Due
to the limited scope of this request and the fact that this parcel is being combined with an
existing RPUD, no plan was required. The applicant bought the property from Estelle
Shuping and desires to combine the property with his lot in Coventry Manor. This
application will bring the lot into conformance with the City's subdivision regulations.
The item was approved by the Planning and Zoning Commission (6 -1) on May 17, 2001.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480 -144A, 2nd reading, as set forth in
agenda item #7 -E.
Motion: Standerfer
Second: Stephen
Ayes: Standerfer, Stephen, Evans, Shankland, Potter, Stacy
Nays: None
Approved: 6 -0 vote (Councilmember DuPre was out of the room and did not vote on
this item).
Agenda Item #7 -F, Ordinance No. 480 -367, 2 " Reading (ZA 01 -047)
Ordinance No. 480 -367, 2nd Reading (ZA 01 -047), Rezoning on property legally
described as Tract 2C1, T.M. Hood Survey, Abstract No. 706, and being 1.3 acres.
Current zoning is "AG" Agricultural District with a requested zoning of "SF -1A" Single
Family Residential District.
Senior Planner Dennis Killough stated a zoning request to "SF -1A" does not require a
Concept Plan Review by Staff. The applicant is zoning and platting the property to
prepare the lot for construction of a house. This case is related to case Number ZA 01-
038 regarding the required plat and zoning in Coventry Manor. Both parcels were
originally owned by Estelle Shuping and both applications are being processed to comply
Regular City Council Meeting Minutes of June 19, 2001 Page 12 of 18
with subdivision regulations. He stated the Planning and Zoning Commission approved
this item at their May 17, 2001, meeting with a (7 -0) vote.
PUBLIC HEARING:
No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480 -367, 2 Reading, as presented.
Motion: Standerfer
Second: Evans
Ayes: Standerfer, Evans, Shankland, DuPre, Potter, Stephen, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item 8 -A, Ordinance No. 480 -370, 1 Reading (ZA 01 -040)
Ordinance No. 480 -370, 1 Reading (ZA 01 -040), Rezoning and Concept Plan for Siena,
on property legally described as Tracts 6, 6C4, 6E, and 6F1A in the J. G. Allen Survey,
Abstract No. 18, and being 28.362 acres of land. Current zoning is "AG" Agricultural
and "SF -IA" Single Family Residential District. Requested zoning is "SF -20A" Single
Family Residential District.
Senior Planner Dennis Killough stated the owner of this property is Joyce Owens and
Richard Reutlinger and the applicant is Paramount Land Development. The purpose of
this request is to obtain zoning and concept plan approval for a 43 lot residential
subdivision. There is no current development history on this property.
Water & Sewer, Drainage, and Transportation Assessment were all discussed for this
case. The Planning and Zoning Commission approved (7 -0) this case at their June 7,
2001, meeting. The motion included: "Approved subject to the Concept Plan Review
Summary No. 3, dated June 1, 2001; with the following stipulations: 1) Lots 18, 19, and
20, shall meet requirements for lots adjacent to platted "SF -1A" property (minimum
30,000 square feet lot area, 125' lot width); 2) Live tree buffer will be planted along Lots
1 -3, adjacent to the property owned by Mr. Weisman and the deed restrictions for the
subdivision will reflect that this buffer will be maintained in perpetuity; 3) In lieu of
providing a street stub to Michael Drive (east boundary), the applicant will install a 24'
emergency access easement driveway with a locked gate with an approved emergency
access entry system."
Councilmember Keith Shankland had questions regarding "the flood plain being
reclaimed and a new floor plain line being developed." Senior Engineer Charlie Thomas
stated that without looking at the hydraulic calculations, it is hard for him to comment on
this.
Ken Mitchell, Paramount Land Development (applicant). Mr. Mitchell stated at the July
17, 2001, City Council meeting he will be prepared to make a full presentation. He stated
Regular City Council Meeting Minutes of June 19, 2001 Page 13 of 18
they have had conversations with 95% of the surrounding property owners. He stated
they are asking to redevelop a portion of the City of Southlake, and they want to create a
"little village." He stated they want to do something special here, and the problem he
sees with the project is the Michael Drive issues. Mr. Mitchell stated regarding the flood
analysis that it will cost them about $30,000 to complete, and they do not want to spend
those dollars until they know they have the full support of the City Council. Mitchell
stated he is asking for R -20 zoning because of the economic cost of serving this property
[water, sewer, etc.].
Mr. Mitchell noted they are prepared to move forward but wants to make his full
presentation during the next City Council meeting.
Mayor Stacy commented that he thinks this is a tough deal as there are problems
everywhere.
Councilmember Rex Potter stated he feels they need to buy more property and
that he wants to see a better plan with larger lots.
Councilmember Keith Shankland stated it bothers him to see someone fill in the
lot and have someone else build a home on it. He expressed his concerns with
reclaiming property. This is an incomplete puzzle that needs more parts to it.
Councilmember Tom Stephen stated he attended the Planning and Zoning
Commission meeting and three or four property owners were present, and they
were for this plan. He stated if anyone can develop the property and put the
money into it, this developer can do it.
Councilmember Ralph Evans stated he also attended the Planning and Zoning
Commission meeting, and the P & Z members were in favor of it. He suggested
going forward with approving this first reading and giving the developer more
time to work with the adjoining property owners prior to the second reading.
Mayor Stacy stated he does not like this plan; there are problems in every
direction. The property to the north needs to be tied into this plan, or it may hurt
the property owner.
Motion was made to approve ZA 01 -040, subject to the Concept Plan Review Summary
#3 dated June 1, 2001; subject to the recommendation made by the Planning and Zoning
Commission; encouraging the developer to go to the adjacent neighbors to plan with the
adjacent property owners for future development of their property.
Motion: Standerfer
Second: Stephen
Ayes: Standerfer, Stephen, Evans, DuPre, Stacy
Nays: Potter, Shankland
Approved: 5 -2 vote
Regular City Council Meeting Minutes of June 19, 2001 Page 14 of 18
The Developer, Mr. Mitchell, noted that he cannot force people to sell their
property to him.
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 Texas Government Code Sections 551.071, 551.072,
551.073, 551.074, and 551.086, to seek legal advise from the City Attorney; to deliberate
regarding real property matters; to deliberate regarding a prospective gift; to deliberate
regarding personnel matters; to deliberate regarding security devices, and /or to
deliberate regarding economic development negotiations.
Councilmember adjourned into executive session at 10:12 p.m.
Councilmembers returned to open session at 1:10 a.m.
Agenda Item #2 -B, Action Necessary /Executive Session
1) Motion was made to proceed with acquisition of real property as discussed in
executive session.
2) Motion was made to approve the negotiations of the contract for real property as
discussed in executive session.
3) Motion was made to table the appointment of Judge of Municipal Court Judge
[Agenda Item #9 -A].
Motion: Standerfer
Second: DuPre
Ayes: Standerfer, DuPre, Potter, Stephen, Evans, Shankland, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #9 -B, Resolution No. 01 -036, Appointment to the Crime Control and
Prevention District
Motion was made to remove this item from the agenda.
Motion: DuPre
Second: Stephen
Ayes: DuPre, Stephen, Evans, Shankland, Standerfer, Potter, Stacy
Nays: None
Approved: 7 -0 vote (to remove from agenda).
Agenda Item #9 -C, Resolution No. 01 -041, Appointments to the Building Board of
Appeals
Motion was made to approve Resolution No. 01 -041, naming Theresa Brewton Lyons,
George Dalton, John Reynal and Jim Johnson [alternate #2] to the Building Board of
Appeals for terms to expire in May 2003.
Motion: DuPre
Regular City Council Meeting Minutes of June 19, 2001 Page 15 of 18
Second: Standerfer
Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #9 -D, Resolution No. 01 -042, Appointments to the Joint Drug and
Alcohol Awareness Committee.
Motion was made to table Resolution No. 01 -042, appointments to the Joint Drug and
Alcohol Awareness Committee to the July 17, 2001, City Council meeting.
Motion: DuPre
Second: Standerfer
Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy
Nays: None
Approved: 7 -0 vote (to table)
Agenda Item #9 -E, Resolution No. 01 -043, Appointment to the Joint Utilization
Committee
Motion was made to appoint Patsy DuPre as Council representative to the JUC for a term
to expire in 2003, in Resolution No. 01 -043.
Motion: Standerfer
Second: Potter
Ayes: Standerfer, Potter, Stephen, Evans, Shankland, DuPre, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #9 -F, Resolution No. 01 -044, Appointments to the Library Board
Motion was made to approve Resolution No. 01 -044, appointing the following members
to the Library Board: Maria Cameron, Brent Burford, Karen Cienki and Linda Study for
terms to expire in May 2003.
Motion: DuPre
Second: Potter
Ayes: DuPre, Potter, Stephen, Evans, Shankland, Standerfer, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #9 -G, Resolution No. 01 -045, Appointments to the Senior Advisory
Commission
Motion was made to table Resolution No. 01 -045, appointments to the Senior Advisory
Commission until the July 17, 2001, City Council meeting.
Motion: DuPre
Second: Stephen
Ayes: DuPre, Stephen, Evans, Shankland, Standerfer, Potter, Stacy
Regular City Council Meeting Minutes of June 19, 2001 Page 16 of 18
Nays: None
Approved: 7 -0 vote (to table)
Agenda Item #9 -H, Resolution No. 01 -046, Appointment of a Council appointee to
the Southlake Library Foundation
Motion was made to approve Resolution No. 01 -046, appointing Rex Potter as a
members of the Southlake Library Foundation for a two year term, to expire in May,
2003.
Motion: DuPre
Second: Standerfer
Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #9 -I, Resolution No. 01 -047, Appointment of a Council Representative
as Liaison to DFW Airport
Motion was made to approve Resolution No. 01 -047, appointing Councilmember Keith
Shankland as the DFW Airport Liaison for a term to expire in May, 2002.
Motion: DuPre
Second: Standerfer
Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #10 -A, Town Hall Use Policy
Assistant to the City Manager John Eaglen was prepared to present the Town Hall Use
Policy to the City Council for approval, however due to the late hour, this item was not
discussed tonight.
Motion was made to approve tabling the consideration of the Town Hall Use Policy until
the July 17, 2001, Regular City Council meeting.
Motion: Standerfer
Second: Potter
Ayes: Standerfer, Potter, Stephen, Evans, Shankland, DuPre, Stacy
Nays: None
Approved: 7 -0 vote
Regular City Council Meeting Minutes of June 19, 2001 Page 17 of 18
Agenda Item #12, Adjournment
The Regular City Council meeting was adjourned by Mayor Rick Stacy at 1:19 a.m.
ay Rick Stacy
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Regular City Council Meeting Minutes of June 19, 2001 Page 18 of 18
1%1,A+. Neighborhood Meeting
spIN 23■ Report Form
MAI
SPIN Neighborhood # 2 Meeting Date: 6/18/01
Meeting Topic and Description: Verizon Building Architect Meeting
Featured Speakers: Doug Cohen — Kitchen & Associates
Number of neighbors attending: Approx. 45
Location of meeting: Kirkwood Hollow Model Home
Notification Process: SPIN Sign at pool entrance to Kirkwood Hollow & Flyers on
Kirkwood Hollow resident mailboxes
Key Discussion Points, Issues & Follow - Up Information:
Mr. Cohen presented the plan with revisions to date to the neighbors who then posed
questions and suggestions. The issues raised fell into three categories:
• Architectural Materials for the Building
• Landscaping - especially along the perimeter of the property along Kirkwood and at
the northeast comer of the property across from Kirkwood Hollow's main entrance.
• Parking Lot — placement, material and lighting
Please see the attached recap of the issues raised during the meeting in the order that they
were discussed. The residents were pleased by Verizon's interest in their input but
wanted assurances that the efforts would continue with support from City Council. The
residents will attend the Council meeting on 6/19/01 to convey their concerns. A follow -
up meeting has been scheduled for 7/9/01 at 6:30PM at the Kirkwood model home.
Signature
VERIZON RESPONSE
TO
Notes from Verizon / Kirkwood Hollow Homeowners
Monday, June 18, 2001
Kirkwood Hollow Model Home
• What will change in the future? Is Phase II build -out defined? Can these plans
be locked down now? (The plans for Phases I and II will be filed with the City
simultaneously.)
• Rooftop equipment — would like to have minimal equipment on the roof (Two
vents for fresh air and small exhaust fans will be the only equipment, plus a
small TV satellite dish)
• Emergency Generators — There will be mufflers and underground fuel tanks
with spill containment precautions. What are the generator testing times? (The
times are once a month for each of 4 generators. They will be tested in pairs
for a period of 1/2 hour. One pair will be during the day and the other at
night.) Will noise from these items comply with City noise ordinances? (Yes)
• Who will own the property? (Verizon will own the land and the building.)
• Other Uses — What other uses could this building house if the N.O.C.C. goes
away? (It is perfect for a Data Center — Banking, etc)
• Driveway and Parking Lot Materials — To include concrete and/or
blacktop /asphalt. Will there be pavestone incorporated into these areas? (Not
at this time) Can there be some form of treatment to minimize heat and glare
from the sun off the pavement? (Tree islands in the front parking lot should
minimize)
• Is there potential to construct a parking deck along Highway 114? (No)
• Light Pollution from the North Parking Lot — Can Verizon look at incorporating
smaller light poles, not 30' light poles, into the design, and add more poles if
necessary versus what is currently proposed? The issue is to subdue the
lighting away from the Single Family Residential Neighborhood. (Current plan
will create Zero Foot Candles at the property line.)
• What is the design plan for Kirkwood? (Not determined yet... it needs to be
engineered).
• Berm issues — How can the berm be kept on Kirkwood when the road is
constructed to ultimate design? If this can't be done, can Verizon construct a
berm along their property - especially in northeast corner — 4' to 5' high to
obscure the development? (Verizon is planning a combination of berm and
landscaping in this area.) If constructed on Verizon property, would they
maintain the berm with landscaping that provides a "high" (trees) and "low"
Verizon Wireless: Response to Kirkwood HOA Comments - June 19, 2001 - Page 1 of 4
VERIZON RESPONSE
TO
Notes from Verizon / Kirkwood Hollow Homeowners
Monday, June 18, 2001
Kirkwood Hollow Model Home
(bushes) coverage buffer? (Yes.) How about a serpentine bush line along the
berm with trees? (Will consider.)
• Delivery Trucks / Loading Dock issues — Delivery trucks would need to enter
off of Dove only. Can the loading docks be placed as far from Kirkwood as
possible to ensure this? (Delivery trucks will enter and exit only from Dove
Road. Docks are currently positioned away from residential development. The
loading docks will be at the present location or on the north side of the Data
Center if N.O. C. C. and Data Center are reversed [see below].) Can Verizon
commit to restrict delivery times to business hours only? (Deliveries will be
made during normal business hours.).
• Construction Traffic — Can Verizon restrict construction traffic through the
Dove Entrance? (Dove will be the construction entrance.)
• Issues related to Access from Kirkwood — Can Verizon commit to having a
controlled access gate at the Kirkwood entrance with card key for authorized
entry? (No commitment can be made.)
• Landscaped Buffering Issues — The need for increased landscape screening
around the utility yard exists — can it be altered to look nicer and provide more
of a buffer? Verizon needs to provide increased landscaping on the Kirkwood
driveway. Northeast corner of property, across from the Kirkwood Hollow
entrance /pool needs to have a lot of landscaping to make the detention pond
appealing. (Verizon was open to adjusting the landscaping.)
• Landscaping for Parking Areas — Verizon needs to plant mature trees that are
evergreen in the parking areas. Not only does there need to be more trees, they
need to be native (ex. Live Oak, cypress, etc.) — No cedar or mesquite trees.
More landscaping (trees) need to be added in the northeast corner of the project
to buffer the adjacent residential areas. (Relying on local landscape firm to
design. Will comply with City ordinances on tree size but will increase the
number of trees.)
• Roof Materials and Color — (Considering a "slate like" material or similar
effect.)
• Architectural Features — Were other accents considered? Design should
incorporate an abundance of Austin Stone (limestone). Coloring of bricks is too
dark — puts forth a "institutional" feel — brick color needs to be softened through
utilization of a lighter coloring and contrasts of tan or colored bricks, including
the use of "tumbled bricks ". The complex needs to have more of a "Texas" feel
and vernacular (make it applicable to Texas, and more specifically to
Verizon Wireless: Response to Kirkwood HOA Comments - June 19, 2001 - Page 2 of 4
VERIZON RESPONSE
TO
Notes from Verizon / Kirkwood Hollow Homeowners
Monday, June 18, 2001
Kirkwood Hollow Model Home
Southlake - examples cited include the Fidelity campus in Westlake, styles
associated with the University of Texas at Austin, etc.), and a design concept
that incorporates the use of landscaping. (An attempt is being made to "soften"
the architectural appearance, lighten the color of the brick facade and to use
stone or other non -brick accents — revised design to be available for the 9 of
July meeting.)
• Kirkwood Phase III view — What would the building look like from Phase III?
(The landscape plan currently provides screening).
• Detention Pond Issues — What is the purpose? Can this feature be incorporated
into an amenity versus leaving it as proposed? Features mentioned as desirable
include fencing the perimeter for security, irrigation, leaving the area full — and
utilizing a fountain / aeration system, limestone waterfall, landscaping (plant
hedge) around the perimeter. (Will consider hedge / landscaping but the
function must remain... a detention pond.)
• Tower Issues — Can the tower be relocated to the other side of the building to
separate it further from the homes? Can this be a "clock" tower to screen the
actual "dish ?" (Height may be less than 90' and will investigate the clock
option.)
• Proposal for Windows — Can Verizon include false windows — brick trimmed
out to look like a window? The residents would prefer the incorporation of true
windows to make it look and feel more like an office building. (Any type of
glass used would need to have non - reflective glass and black trim. Do not
recommend true glass false windows. Will be adding features to look like
windows and further break -up the walls)
• Signage Issues — Can Verizon commit to no signage on the property higher than
a 6' monument sign at the main entry (Dove Road access point)? (Monument
sign will be the only signage. Estimated size should fall below 6 '.)
• Trash Container — Are the proposed trash container areas to be masonry? If not,
can they be constructed of masonry material(s)? (Yes, they are to be masonry.)
• Parking Area Construction — Can the parking area in the Southwest Parking Lot
be constructed first, delaying the construction of the northeast parking area?
(Verizon will construct the southwest parking area in lieu of the northeast area
for Phase 1 if P and Z will approve reversing the N. O. C. C. and Data Center
wings of the complex. In such event, Verizon will designate the southwest
parking area for N.O. C. C. parking only so as to further minimize the use of the
Kirkwood Exit from the Complex.)
Verizon Wireless: Response to Kirkwood HOA Comments - June 19, 2001 - Page 3 of 4
VERIZON RESPONSE
TO
Notes from Verizon / Kirkwood Hollow Homeowners
Monday, June 18, 2001
Kirkwood Hollow Model Home
• Can Verizon increase the utilization of underground parking areas in the project
proposal? (No.)
• Grading Plan — Will Verizon be importing or exporting soil? (Unknown, but
desire to neither import or export.)
• Construction Timing — What is the project timeline to construct this project if
approved? (13-15 month timeline.) Has Verizon requested any variances to
construction start and stop times (i.e. dawn to dark)? (No, the construction will
conform to current City Ordinances — Mon -Sat dawn to dusk & no construction
on Sundays.)
Note: All changes and proposals are subject to planning and zoning
department /commission approval, as well as any other regulatory or statutory
requirements applicable to the site or its anticipated use.
Verizon Wireless: Response to Kirkwood HOA Comments - June 19, 2001 - Page 4 of 4
City of Southlake, Texas
MEMORANDUM
June 21, 2001
TO: Mayor and Councilmembers
Planning and Zoning Commission
Mike Conrads, SPIN Chairman
FROM: Greg Last, Director of Economic Development
SUBJECT: Verizon Wireless - NOCC: "Scinetics" Radio Frequency Report
Ken Unger with Verizon Wireless contacted me to make sure that the "Scinetics" radio frequency report
that he had provided to the Planning Department had been distributed to the Commission and
Councilmembers either prior to or at the June 14 joint meeting. It turns out that the report was not
distributed.
Ken asked me to please forward this report to the Commission, Council, and citizens for their reference
and to tell all parties that they are continuing to work to provide more information and answers to the
health and safety questions raised regarding the communications tower. He felt that there would be
additional information provided in the next week.
Please feel free to contact me should you have any questions or like me to forward questions to the
Verizon Wireless representatives.
GL
Cc: Billy Campbell, City Manager
Bruce Payne, Planning Director
John Eaglen, SPIN Coordinator
Ken Unger, Verizon Wireless
Bud Berry, Locke, Liddell & Sapp
Enc. " Scinetics" report entitled A review of the nature and extent of radio frequency (RF)
electromagnetic field (EMF) distribution in our environment relative to EMF emissions
resulting from mobile wireless communications systems. /data linking.
Page 1 of 1
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C O S R I N c ON
A REVIN :W OF THE NATURE AND EXTENT OF RADIO
FREQUENCY (RF) ELECTROMAGNETIC HELD (EMF)
DISTRIBUTION IN OUR ENVIRONMENT RELATIVE
TO EMF EMISSIONS RESULTING FROM MOBILE WIRELESS
COMMUNICATIONS SYSTIOMS./DATA LINKLNG.
INTRODUCTION
From the moment of birth and during our we are
continuously immersed in electric and magnetic fields from the
earth's polar static (non- varying) magnetic fields and those electric
and magnetic fields generated by products introduced through
developing technologies which are driven by electricity as well as the
generators which produce the electricity.
For billions of years, lightning and the sun have be the natural
sources of energy and electromagnetic fields. Even the human body
generates thermal energy totaling approximately 0.3 r `:v!cn . sq.. [1]
(u. =1 millionth)
Radiating waves or electromagnetic fields are a form of energy that
occurs when electric charges are caused to move or accelerate: These
moving charges induce or cause an electromagnetic field (I -M F)
surrounding the electric source. An elect {omagnetic wave consists of
coupled electric and magnetic fields that move or oscillate at the.
same frequency or rate as the electrical source.
In the past one hundred years, an enormous number of
manufactured energy sources were made available to the general
public, greatly improving quality of life and increasing life spans of
humans and animals. Medical devices such as diathermy and
magnetic resonance imaging (MRI) are examples of equipment which
generate (enormous) electromagnetic fields. These new medical tools,
including Pulsed Magnetic patches are used for non - invasive
B
exploratory procedures and for healing bed sores of hospital patients,
joining bone fractures and nurturing injured muscle tissues.
Presently, multiple bands of frequencies are being generated and
transmitted by different energy (EMF) sources (Television, Radio
wireless communications systems, home appliances, and medical
trauma /life support equipment), to which we are exposed, not only
at work, but also in our homes, hospitals, and in our schools.
Examples of just a few of these sources, and the frequencies (bands)
associated with them, that are found in our homes and schools: [1][3]
• television receivers - 20 KHz (thousand cycles /second [cps])
• video display terminals (VDTs) - 15 Kt12,
• motion detectors (security device) - 10,000 Mhz (million cps)
• microwave oven - 2450 MHz
• hand held two way radio (walkie talkie) - 49 MHz
• CB radio - 27 Mhz
• cordless telephone - 49 & 900 MI- z
See Table I for a listing of other communications systems including
their associated transmitted EMF densities the public may be
exposed to.
Most appliances act as transmitters where energy emitting from the
appliance enclosure is the transmitting source. A microwa \'r oven,
can and is permitted to leak from its shielded d o an EMI density
level of @ 1000 p. w /cm. sq.(or one thousandth of a watt per one
centimeter of area), when new, and up to 5000 µ w /cm. sq. (or five
thousandths of a watt per one center meter of area), after long term
use. [2]
MOBILE WIRELESS COMMUNICATIONS SYSTEMS
Wireless Communications systems transmit voice and data through a
device called an antenna. Moving radio frequency (RF) energy
charges on the surface of the antenna, propagate outward, forming
an electromagnetic wave that travels through free space (as light
does from a flash light).
Most Wireless Communications systems are regulated by federal and
State Agencies. The Federal Communications Commission (FCC)
regulates all communications systems it licenses. Appliances and
C
medical electronics and certain handheld communications devices are
not regulated by the FCC but instead are regulated by the FDA, OSHA
and other federal /State agencies.
The Cellular /PCS Industry for example, operates or transmits in a
frequency band 806 -900 Mhz (806 thousand cycles per second) to
2.0 GHz (2 billion cycles per second) including Data Linking
transmission (6 -8 GHz). The FCC regulates the licensed Wireless
Communication industry by imposing as a component of its
regulatory package, maximum continuous Radio Frequency emissions
(EMF) exposure Standards.
When a wireless provider, Verizon Wireless (i.e..), is licensed to
operate a Wireless Communications Services Radio Antenna Facility
to transmit RF voice and data signals in a fr ,- ;quency band 806 -
890MHZ /6 -8GHz , in a given community, the maximum continuous
exposure level permitted is limited to an Elva' power density of
550 /1000 u w /cm. sq. in any part of that general public /residential
community and beyond.
EMF levels that could be emitted from a typical wireless system,
worst case, on average, would not exceed five (5) it w/em. sq., an EMF
level hundreds of times lower than the maximum FCC general public
exposure level permitted. Table II provides a sample of average EMF
magnitudes the general public is exposed to in homes and schools
from common RF sources every day. In Table II, the RF so' listed
are provided with the frequency of the source and the possible EMF
density one could be exposed to from the source. In all cases the EMF
level resulting from an operating appliance or device used in homes
and schools is much greater in magninide than those from a typical
wireless Radio Antenna Facility in a given community.
CONCLUSION
In conclusion, Verizon Wireless communication systems are as safe
as a cordless phone, home variety Intruder alarm (Motion detector -
miniature Doppler radar device), Baby Monitor, hand held walkie-
talkie, your AM -FM radio, and many of other household items. Highly
respected members of the scientific community, world wide health
organizations and health physicists in the region and the world, as
well as federal and state agencies, support this conclusion.
City of Southlake, Texas
MEMORANDUM
June 19, 2001
TO: Mayor and Councilmembers
FROM: Greg Last, Director of Economic Development
SUBJECT: Verizon Wireless: Tax Abatement Agreement & Chapter 380 Agreement
Revisions to documents previously forwarded.
Attached you will find three (3) pages from the above agreements that include recommended wording
changes to the documents. These are summarized as follows:
Tax Abatement Agreement
Page 2 - Deleted the definition "Abatement Start Date." This definition was used in an earlier draft of
the document and is no longer needed.
Page 3, Paragraph A - The underlined wording is new. Verizon requested a second alternative
threshold combining the real and personal property into a $34M valuation. They are not
concerned about the total valuation, but more a timing issue. They may still be moving in
"personal property" around the C.O. date. This revision potentially benefits us anyway in that
the minimum $17M for real property remains and there is the potential for higher real property
which has greater permanence than the personal property.
Page 3, Paragraph B - The underlined wording is new. Verizon requested the modification because of
the potential of not having full employment upon issuance of the C.O. They aren't concerned
about the numbers, just the timing and this allows a few more months to relocate employees.
380 Agreement
Page 4, Item 5.c - Same as noted in Page 3, Paragraph B above.
Please feel free to contact me should you have any questions.
GL
Cc: Billy Campbell, City Manager
Enc: Revised pages noted above.
SECTION 1.
DEFINITIONS
A. ABATEMENT START DATE means the January - - _ - -
issuance of a CERTIFICATE OF OCCUPANCY for an IMPROVEMENT to the PREMISES.
B. AFFILIATE means any entity directly or indirectly controlling, controlled by, or
under common control with the OWNER. As used in the definition of AFFILIATE, the term
"control" means directly or indirectly, the power to direct or cause the direction of the management
and policies of a person, whether through ownership of voting securities, by contract or otherwise.
C. CERTIFICATE OF OCCUPANCY means a certificate of occupancy other than
temporary, for an IMPROVEMENTS issued by the CITY pursuant to the Building Code of the City.
D. CHAPTER 312 means Chapter 312 of the Texas Tax Code, as amended.
E. CORPORATE AFFILIATE means Verizon Wireless or Verizon "Landline ".
F. FORCE MAJEURE means any contingency or cause beyond the reasonable
control of OWNER including, without limitation, acts of God or the public enemy, war, riot, civil
commotion, insurrection, governmental or defacto governmental action (unless caused by acts or
omissions of OWNER), fire, explosion or flood, and strikes.
G. IMPROVEMENTS means the improvements to be constructed on or affixed
to the PREMISES, and any modifications thereafter to then existing buildings, and tangible personal
property installed on the PREMISES, excluding (1) inventory and supplies, and (2) tangible personal
property located on the PREMISES before the execution of this AGREEMENT. The kind, number
and location of all proposed IMPROVEMENTS are more specifically described in Exhibit "B"
attached hereto and made part of hereof.
H. POLICY means the Guidelines and Criteria for tax abatement adopted by
Resolution No. 01 -037 of the City.
I. PREMISES means the property described in Exhibit "A" attached hereto and made
a part hereof.
J. SUBSTANTIAL COMPLETION of the IMPROVEMENTS means the date a
CERTIFICATE OF OCCUPANCY is issued for the IMPROVEMENTS by the CITY.
K. TAX ROLLS means the tax rolls of Tarrant Appraisal District.
L. VALUATION means the value of the IMPROVEMENTS as determined by the
Tarrant Appraisal District.
M. ZONE means Reinvestment Zone No. 3 of the CITY, created by Ordinance
No. 802 of the CITY.
Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 5: June 19, 2001 - Page 2 of 13
SECTION 2.
COVENANTS OF THE OWNER
A. The OWNER shall have accomplished SUBSTANTIAL COMPLETION of
IMPROVEMENTS on the PREMISES before January 1, 2004, and that VALUATION of the
IMPROVEMENTS will be a minimum of Seventeen Million Dollars ($17,000,000) for real property
(excluding land) and a minimum of $12,000,000 for the personal property located on the
PREMISES; OR VALUATION will be a minimum of Thirty Four Million Dollars ($34,000,000)
for both real and personal property combined but only if the IMPROVEMENTS to the real property
are at least Seventeen Million Dollars $17,000,000; provided that OWNER shall have such
additional time to complete the initial phase of the IMPROVEMENTS as may be required if CITY
determines that OWNER has not completed the IMPROVEMENTS due to an event of FORCE
MAJEURE, or if in the reasonable opinion of the CITY, the OWNER has made substantial progress
toward completion of the initial phase of the IMPROVEMENTS.
B. The OWNER agrees and covenants that it will diligently and faithfully in a good and
workmanlike manner pursue the completion of the IMPROVEMENTS as a good and valuable
consideration of this AGREEMENT. OWNER shall thereafter, from the date a certificate of
occupancy is issued until the expiration of this AGREEMENT(subject to an occurrence of FORCE
MAJEURE), continuously operate, maintain and occupy the PREMISES as a network observation
..�� and control center, data center, local network administration headquarters and after January 1, 2004,
employ at least 400 full -time employees on the PREMISES. The employees shall have an average
annual salary of $40,000 or more. Both parties agree that the use of the PREMISES for this purpose
in accordance with this AGREEMENT, is consistent with the general purpose of encouraging
development within the ZONE.
C. OWNER shall comply in all material respects with all applicable rules, regulations,
ordinances, state and federal laws in the construction and operation of the IMPROVEMENTS.
D. Prior to October 1st of each year this AGREEMENT is in effect, OWNER shall
certify to the CITY that OWNER is in compliance with each applicable term of this AGREEMENT.
Such certifications shall be in a form reasonably satisfactory to the CITY, and shall include, at a
minimum, information supporting OWNER'S conclusions that it met (or expects to meet) each
condition and requirement to abatement set forth in this AGREEMENT.
Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 5: June 19, 2001 - Page 3 of 13
5. Company Covenants.
In consideration of the City's incentives under this Agreement (including the
payment of monies to the Company), the Company agrees to:
(a) take all reasonable steps to cause all Construction Sales to occur on the
Premises in order to generate city sales tax revenue to the extent feasible and
to perform the administrative oversight, including the collection and
documentation of the collection of sales taxes for all Construction Sales
occurring on the Premises;
(b) commence occupancy of the Premises by January 1, 2004, in a building of
at least 150,000 square feet, with a minimum construction value of
$17,000,000, upon which is located personal property with a minimum value
of $12,000,000. Company shall have such additional time to complete the
initial phase of the improvements as may be required if City determines that
Company has not completed the improvements due to an event of Force
Majeure, or if in the reasonable opinion of the City, the Company has made
substantial progress toward completion of the initial phase of the
improvements. Not withstanding these provisions, the Certificate of
Occupancy for Phase I must be obtained by January 1, 2006;
(c) maintain and operate the Project and the Premises as a Network Observation
and Control Center which employs after January 1, 2004, a minimum of 400
full -time employees;
(d) comply with all applicable federal, state and local laws in the operation of the
Project; and
(e) require its contractor to provide an adequate on -site construction office for
use by City employees when heightened attentiveness is desired by
Company. This may not be required by Company on phases other than Phase
One.
6. Mutual Assistance.
The City and the Company shall take all reasonable measures which are necessary
or appropriate to carry out the terms and provisions of this Agreement and to aid and assist
each other in carrying out such terms and provisions. The Company hereby consents to and
agrees to cooperate in any reasonable request by the City, including the request to obtain
waivers of confidentiality from the retailers who made the Construction Sales, to obtain
copies of sales /use tax returns from the State which contains information pertinent to the
calculation of Construction Sales Tax Revenues.
380 Agreement - Draft No. 5: June 19, 2001 - Page 4 of 13