Keller Citizen Legislature

Use wisely your power of veto

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Went to the TC Visioning Meeting last night, and it seemed to be more productive than the first meeting.  Everybody stated that the message of no more apartments has been received and there seemed to be more of a feeling of what direction that we can go in the future for the remaining land in Town Center.

The next step is for the City Council to receive the report sometime after the first of the year.

Busy Week

Comments off

On Monday:

The Keller Economic Development Board and the Keller City Council will conduct a joint meeting at 6 p.m. Monday, Nov. 17, at Keller Town Hall. The meeting is set to discuss the goals and objectives of the KEDB, the City’s incentives policy and determine target businesses that the City would like to attract.

On Tuesday:

This past Tuesday, the Council met in a work session to discuss the proposed changes to the UDC in detail. The Council is planning to continue its review during a workshop starting at 5:30 p.m. Tuesday, Nov. 18, and will accept comments from the public during the regular session that starts at 7 p.m.

On Wednesday:

The public is encouraged to attend and participate in a second workshop meeting on the Keller Town Center Visioning Project at 7 p.m. Wednesday, Nov. 19, at Keller Town Hall. The focus is to help develop an updated plan to guide the development of the remaining parcels in Town Center.

All items above courtesy of the Mayor’s weekly update.

WOW

3 comments

From the Keller Citizen today:

The Keller Economic Development Board is eyeing an aggressive incentive policy that includes sales tax breaks and fee waivers for prospective businesses.

The nine-member board proposes waiving all construction-related fees and sales taxes over a business’s first three years. It would be a broad attempt to pump up the city’s lackluster commercial tax base.

My first thought was this was way too aggressive and the City Council will never pass it.  My next thought was with all the doom and gloom in the news, this may indeed have a chance of passing. 

What are your thoughts?


I’m too passionate about this issue to let my remarks languish in the comments. — Jim Carson

In my first city council goal setting retreat, I proposed that one of our goals should be the dramatic reduction, and ideally elimination, of impact fees.

Impact fees are substantial penalties imposed on developers under the pretense that the development causes an increased “impact” on city services like roads, police, fire, water and sewer. While it is certainly true that development does cause costs for these services to rise, that cost is more than made up by water and sewer usage fees and property taxes. In retail development they are also supplemented by sales tax. The idea that developers impose a net cost on a community is a despicable fraud. Just look at the near-unanimous call for MORE DEVELOPMENT for crying out loud.

Impact fees are hidden taxes promoted by cowardly city managers, self-important mayors and council members, and freeloading citizens who want ever more services and ever less taxes. Impact fees are a way of gouging the productive elements of society who often have no vote.

When we were prioritizing our goals, Steve Trine whined when I put three or four of my dots (votes of importance) on impact fee reduction, claiming that it wasn’t “fair” that I had gamed the system. Bob Kirk stated his belief in the lie that development is a net cost to a community, and the matter was dropped.

All that notwithstanding, I am still against the idea of granting breaks to selected businesses temporarily. Whatever happened to the idea of the level playing field? Better known as Equal Protection of the Law, as expressed in the Fourteenth Amendment.

I doubt there is a single person in Keller who would call for punitive taxes to be levied on small upstart businesses. But by imposing draconian impact fees on everyone, and then granting relief from these fees to a few larger, more legally sophisticated developers (like was done for Tabani/Stein Mart), we’re effectively doing the same thing.

As for “rebating” sales taxes — again for selected businesses — we need to remember that these taxes never belonged to the business. They belong to the people of Keller from the moment of the retail transaction. Returning sales taxes to a business is financially indistinguishable from the city endorsing your property tax check and handing it to the retailer.

The city council should abolish impact fees for all and “rebate” sales taxes to none. Fair’s fair.

Jim Carson was cleared of Charter Violations…..if you are new to the site, or to Keller, the comments are worth a read.

Last year I spent my anniversary at a City Council Meeting, this year I have to make up for it and take my wife out to a nice dinner.

From the FWST:

A controversial feature of a large mixed-use development proposed for Southlake may be removed, a sign of the developer’s interest in ensuring that the project isn’t scuttled by community criticism.

Representatives with Houston-based Hines Interests have proposed not building the dozens of luxury town homes at the 285-acre Carillon development, planned for the northwest corner of White Chapel Boulevard and Texas 114.

The planned structures, called maisons in the European-themed proposal, sparked an outcry from residents and some city officials who say that kind of high-density housing doesn’t belong in an upscale suburban community known for its large homes on large lots.

I posted this under a different headline, questioning the Texas Open Meetings act, and got it all wrong.

Had lunch today at the new Zaxby’s and ran into Mayor Pat McGrail. He told me there was an article coming out in the Citizen tomorrow detailing how three City Council Members showed up for the 2:00 pm Town Center Vision Meeting on October 16th.

The meeting did not have a posted agenda, therefore it is not allowed to have a quorum show up and discuss items that may come before them at a later point. I know Councilman Mitch Holmes stated on this blog they were asked who wanted to show up for what meeting at their City Council Meeting on October 7th. I know P&Z Members were asked the same question at our meeting.

To be fair, I haven’t read the article nor did I want to interrupt the Mayor’s lunch to discuss this in more detail, so I don’t even know who is in violation.  I do know the Mayor told me he stayed away from both meetings to make sure there wasn’t a hint of a violation (two council members and the Mayor do not technically make a quorum, but the law is so widely interpreted by the courts, you go out of your way to make sure you don’t violate it).  I am interested to hear the excuse given by the offending council members, and why one didn’t get up and leave when three showed up?

UPDATE:  The Mayor called and wanted to clarify things, said that Ray Brown did leave after he realized there were three council members there and that his concern was more on how it would read in the paper rather than the three members being there.  He read the blog and wanted to make sure I reported it right.  As I said, I didn’t want to interrupt his meal any more than I did, so maybe I jumped the gun.  My apologies. We will see the reaction after the paper comes out tomorrow.

UPDATE #2:  Councilman Mitch Holmes responds in a comment on this post basically summing up what the Mayor said to me in his voicemail, but with more detail.  I’ll repost it here so it will be read by those that just scan the site and don’t read the comments (the juciest part of KCL)

The mayor told me Tuesday night he likes to stick to two council members max at any unposted event to avoid the appearance of a quorum, that appearance being drawn from the fact that three votes can make a majority vote in session. Personally, I disagree… if a quorum is legally defined in the Charter as four, and three appears less than four, then three doesn’t appear to be quorum.

Regardless, respecting the mayor’s preference for the more conservative approach, not to mention Doug’s litany of AG questions, we had a mix-up when three showed up. To keep the mayor’s wishes, Councilman Brown left within just a few minutes… five by my estimate. I sat next to him in the back, and didn’t even know Councilman Baker was in the front of the room until he stood up and walked back to Ray to discuss which of them would leave. Then Ray got up, whispered to me he was leaving, and left.

To explain the mixup, Ray told me Tuesday night that two weeks earlier, when the mayor was confirming attendances, both he and John heard the mayor and me agree that I’d attend the evening session. I don’t doubt they understood that, but I agreed to attend the afternoon session, and put the 2:00 time in my BlackBerry as we spoke. Plus, their understanding would have destined the evening session to the same dilemma, so my case is almost made. The only question, then, is how five of us thought we were attending two events, with no more than two attending either one.

I can’t answer that. But between the letter and intent of the Charter, copied above by Jim… which allows three to attend… and Ray’s leaving within the first few minutes of the 2:00 session… reducing council attendance from three to two… I think there’s only enough substance left in this story for the most conspiring of theorists. In fact I think it’s a non-story and will be interested to read what the Keller Citizen makes of it.

I absolutely agree with Jim that the Texas Open Meeting’s Act hurts cities, particularly when there is a town hall meeting that several elected officials might want to attend out of interest for their community. But I also don’t see why we don’t just post them, and let them come. I feel I missed too much of what was said at the 7:00 session by trying to watch it in a 2 1/2 inch box. And the mike never gets passed around very well during the spirited exchanges, so the viewing audience misses that entirely. Then there’s the absolutely vulgar sound the podium mike makes to the viewing audience when it gets gnarled around.

Update #3: I went to the Keller Citizen office to get an advance copy of the paper. The story mentioned that three council members attended the 2:00 meeting, but said nothing at all about quorums or the Texas Open Meetings Act.
–Jim

Update #4: I renamed the post and apologize to the readers for getting this all wrong. - Doug

Just received an email from Chris Fuller with some good news.  I’m not taking credit for this, but I’m glad it’s happened.

Doug,

 The City will be conducting a second public input meeting for the Town Center Visioning Project.  The meeting date has not yet been determined but will likely be held the second week in November.  The intent is to involve the public prior to the Thanksgiving holiday.

 A date in November will be selected and public notices will be mailed and advertised this week.  That will provide a four week lead time before the meeting.

 If you have any questions, please do not hesitate to contact me.

 Thank you,

 Chris Fuller

 

I highlighted the important parts.  Score that a victory for open and transparent government. 

 

I sent off an email to the Mayor as I stated I would in an earlier post.  I explained that I was extremely disappointed in the timing of the meeting on Thursday and that he and staff should have done a better job letting the public know about the Thursday meeting.  Late tonight I received a response from Assistant City Manager Chris Fuller.  In carrying on the tradition of being completely open, here is the entire email:

Mayor McGrail has asked that I respond on his behalf regarding the Town Center Visioning Project process.

It is not staff’s intention to limit public input regarding the Town Center Visioning Project process.  There will be several opportunities throughout the process for the public to provide comments and recommendations regarding development standards within the Town Center zoning district.  The Workshop being conducted by the facilitator at 7pm on the 16th is one method for soliciting citizen input.  (As an aside, the workshop being held on the 16th will be televised, recorded, and available as streaming video on the City website.)  Citizens who are unable to attend the workshop, or who would like to submit additional information after the workshop, will be able to fax and email comments to staff throughout the month, as well as provide input at the Planning and Zoning Commission and City Council public hearings (dates TBD).  Staff has also developed a webpage, accessible through the City website, that is intended to inform the public of current Town Center Visioning Project events and to provide additional avenues to submit public comments.

Among the goals of this project is to engage as many of the citizenry as possible.  To do so, staff has mailed workshop notices to all Homeowners Associations within the City and to property owners within 200 feet of the Town Center zoning district.  The notices were mailed 10 days prior to the Town Center Visioning Project Workshop, which is the notification standard for rezoning public hearings.   Staff has also emailed a number of individual citizens who have been involved in previous Town Center discussions and activities.  In addition to the notices sent to advertise the Workshop, staff has mailed notices informing property owners within 200 feet of the Town Center zoning district and to all HOAs within the City of the continuing public comment period through the end of the month, staff’s fax and telephone numbers, and email address.

Notices advertising the October 16 Workshop meeting were also sent to subscribers of the Mayor’s Update, and listed throughout the City website including the following locations:  the Homepage Calendar, the Homepage Highlights, the Keller News, Community Development Events and Community Development News.  Announcements were made at the October 7 City Council meeting as well as the October 13 Planning and Zoning Commission meeting.  A notice was posted in the October 12 Fort Worth Star Telegram Northeast Edition.  Additional newspaper notices will be published in The Keller Citizen advertising the public comment period as well as postings throughout the City website, including the upcoming Mayor’s Update.

The Workshop being held on the 16th is simply an instrument for gathering citizen input.  No decisions will be made, no votes cast, no plans unveiled.  The purpose is to invite public participation.  City staff will not be present at this meeting so that the facilitator can receive unfiltered, unbiased comments, opinions, and recommendations directly from citizens throughout the City.  Citizen comments received after the 16th will be forwarded to the consultant (and to the Planning and Zoning Commission and City Council) and will be included in any reports and analyses regarding the Town Center Visioning Project.

Citizens who are unable to attend the Workshop will be able to access a recording of the meeting through the website.

Thank you,

Chris Fuller

Assistant City Manager

City of Keller

I like Chris a lot and think he is a remarkable hire for the City of Keller.  But, (there is always a but isn’t there?) Chris wasn’t here last fall, he didn’t experience the outrage of the citizens when Keller Station came on the scene.  The staff should have went out of their way to make sure this news got out in a better fashion than what happened.  As I stated, even as a member of P&Z we weren’t notified until last night.  Councilman Holmes has made a comment on another post stating basically the same thing, and he’s an elected official.

Chris states that the information is all on the City’s website, but really, how many people besides us weirdo’s that read and post on this blog read the City’s website on a weekly basis?

I now understand that there will be further opportunities to elaborate on the TC Vision project, but when you hold your first meeting before it makes the local paper it doesn’t look good.  I’m afraid it could poison the project before it gets off the ground and it’s too important a project to let that happen.  This is what the citizens want, public input into changing the Town Center UDC.  The people just wish to be heard.

What should have been a positive for the City has quickly turned into a negative because of lack of communication.  In a town of nearly 40,000 sending out a few hundred postcards and notifying the HOA’s doesn’t cut it.  Heck, I took it upon myself to email Hidden Lakes HOA and have yet to receive a response.

Maybe I’m being overly sensitive on this and please tell me if I am.

I do know one thing, me speaking out on this issue isn’t going to look good in my P&Z reappointment interview.  But you got to do what you got to do.

This was posted today in both the Mayor’s weekly update and the City’s main page.  I didn’t “read” the Keller Citizen, but rather skimmed it today and didn’t see a mention in there.  The timing of the meeting kind of ticks me off as this should have been publicized further out than 6 days.  Heck, besides this blog and the City’s website, all we have is a weekly newspaper to get the word out and the paper won’t come out until after this meeting is over.

The Mayor mentioned the Visioning Project in our interview the other day but he didn’t say the first meeting was going to take place next week…but I’ll give him a pass.  He showed me his Blackberry and the list of appointments and meetings he attends on a daily basis is mind boggling.  I don’t know how he finds time to eat.

I am also a member of P&Z and didn’t get prior notification of this meeting through that avenue.  I plan to ask Richard Ludke at the meeting Monday why this was put out on a Friday afternoon before a three day weekend instead of a week or two ago.

Enough of my rant…..here’s the blurb:

The City of Keller would like to invite you to attend and participate in the Keller Town Center Visioning project, at 7:00 PM, Thursday, October 16, 2008 at Keller Town Hall.

The public is invited to participate in this public meeting to gather opinions and discuss issues concerning the Town Center Zoning District. The meeting will be conducted by Mr. Dan Sefko, FAICP, from Freese and Nichols, Inc., on behalf of the City of Keller. The purpose of the meeting is to receive input from citizens and all other individuals, groups and organizations/associations interested in this process and to develop an updated plan for Keller Town Center. Please come to provide your input.

For more information, call the City of Keller Planning Division at (817)743-4130 or contact Richard Luedke, Planning and Development Manager, at rluedke@cityofkeller.com.

Why is this meeting important?  Because this is the first step in making sure the “Primarily Non Residential” designation stays in the Town Center UDC.  Not only that, if you want to strengthen the language about Apartments in the Town Center UDC, this is your chance to do so.

Because for some odd reason I’ve been posting a lot on this website instead of doing something more productive with my life, I will keep bumping this to the top this week.

Please, get the word out!  The more people that show up to express their opinion on this, the better it will be.

Keller Station appeared for the first time on this blog.

Thought the Rufe Snow narrowing was a done deal?  Not so fast…..

From the Mayor’s weekly report:

On Thursday, City Manager Dan O’Leary, key city staff members and I met with County Commissioner Gary Fickes and his staff to brief them on the revised Rufe Snow project as approved by the City Council. Ultimately, we will need to meet with Judge Glen Whitley and the Commissioners Court to hopefully gain their support and approval on this project.

The Parks and Rec Board is considering a 60% increase in fees per new dwelling unit, from $1,000 to $1,600.

I see both sides of this isssue, but 60% is a big increase all at once. They will discuss this at the October meeting with a recommendation to Council.

They also discussed building a joint use park with KISD at Shady Grove Elementary….as many of you know, I live down the street and couldn’t be happier with that idea. We are a long way from a City Park on this end of town.

I had one of those days yesterday and missed the P&Z meeting. Shannon had a minor surgical proceedure and between doing homework with the 9 year old and waiting on her hand and foot it was almost 8:30pm before I realized I missed the meeting. As Homer Simpson would say….Doh!!