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1998-06-16 CC Packet
City of Southlake, Texas MEMORANDUM June 12, 1998 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting June 16, 1998 1. Agenda Item No. 4B. City Manager's Report, contains the May 1998 Financial Statements and the Quarterly Investment Report for the month ending March 31, 1998 from First Southwest Asset Management, Inc. Please call Director of Finance Lou Ann Heath if you have any questions concerning these items. During this item on the Agenda, I will have Deputy Public Works Director Ron Harper provide a status report on the Town Square development. As you requested, this will be a regular report each meeting until the project is complete. Attached hereto is an outline of the items Ron will briefly report on. Let me or Ron know if you have any questions prior to the meeting. During the executive session Darcey Imm and I will brief City Council on our discussion with the CISD concerning the joint use of the Town Hall and the football stadium. Late yesterday we were finally given a draft of the CISD "Term Sheet" for CISD's participation in the Town Hall. Their term sheet was prepared by the CISD attorney in Houston, Charles Williams, and will be faxed to our attorney. The draft term sheet is attached hereto for your review. Please let me or Darcey know if you have any questions. 2. Agenda Item No. 5A. Authorization to advertise for bids for striping of Southridge Lakes Parkway, Byron Nelson Parkway, and the widening of a 425 ft. section of the southbound lanes of Byron Nelson Parkway immediately south of Northwood Trail. This proposed Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 12, 1998 Page 2 striping would provide more distinguishable driving lanes along the four-lane portions of Southridge Lakes Parkway and Byron Nelson Parkway. This was anticipated to be performed after the completion of Byron Nelson Parkway, however, due to the phasing of the development around Byron Nelson Parkway, it was impractical until this time given the construction and landscaping along the north end. These two parkways are being bid at the same time as it is more cost effective to do both streets as part of one contract. Currently the divided section of Byron Nelson transitions to an undivided section south of Northwood Trail. Additionally, at this transition there is a curve in the roadway which is inadequate for the speed at which motorists are traveling. The proposed pavement widening will provide a larger curve radius at this transition. The City Council approved the reduced radius based upon the homeowners' request to keep the street as far away from coise the houses as possible. Motorists are now hitting the curb and driving on the grass as they negotiate this narrowed section of street, creating a situation that needs attention. (If you drive through the area, on the west side heading south on Byron Nelson between Northwood Trail and Lilac, you will see the tire marks.) This widening will hopefully remedy the situation. Please contact Public Works Director Bob Whitehead if you have questions regarding this request. 3. Agenda Item No. 5B. Authorize the Mayor to enter into a professional services agreement with Teague Nall and Perkins for development of a concept plan for the Public Works Facility. We have discussed the need to improve this property since we purchased it a few years ago. This item moves us closer to developing the site to the standards expected by Southlake residents and particularly adjacent property owners. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 12, 1998 Page 3 Note that we are including our three-acre tract to the west in the concept plan. (Recall that this is currently home to the tree farm.) It has never been platted and plans have not been developed for its long-term use. Bob Whitehead will be happy to answer any questions you have regarding this item. 4. Agenda Item No. 5C. Authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for the design of road and sewer improvements to Pine Drive and Lilac Lane. Street reconstruction of these two roads was originally scheduled to occur during this fiscal year, but due to re-prioritizing of projects only the design is scheduled for this year, with construction anticipated for FY 98-99. The project priority was reassessed due to the need for sewer. This proposal includes both 110 the design of streets as well as sewer improvements. City Council has indicated that they would like to include sewer improvements with street improvements when possible. This prevents having to replace the pavement in the future should sanitary sewer be desired or needed in this area at a future date. The current CIP budget provided $18,786 for the design of the road improvements. The difference between this and the $44, 465 proposal is due to the addition of the sewer to the project. The additional cost will be covered from the sewer fund. Please contact Bob Whitehead if you have questions regarding this item. 5. Agenda Item No. 5D. Authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for the design of water and sewer utilities relocation at Kimball Avenue and S.H. 114. This is another project required as part of the S.H. 114 expansion. As pointed out by Director of Public Works Bob Whitehead, the City of Southlake is responsible for municipal utility relocation and has budgeted to do so. The Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest (01.- June 12, 1998 Page 4 proposal from Cheatham and Associates included in your packet describes the specifics of the water line relocations, and notes that the need for relocation of the sewer line will be analyzed. Should there be no need for sewer line relocation, the contract amount would be reduced accordingly. 6. Agenda Item No. 5E. Authorize the Mayor to enter into a contract with the Texas Parks and Wildlife Department for grant assistance for Bob Jones Park. In September of last year the City was awarded a $500,000 matching grant from Texas Parks and Wildlife Department. This grant was for assistance in construction of Bob Jones Park. TPWD required certain documentation before the contract could be authorized. In his memo, Kevin Hugman outlines the specifics of these requirements. The City has supplied the requested information, and TPWD is still reviewing these materials. The contract is expected to arrive late Friday, but they have provided a generic contract for our attorneys to review. Once the contract is authorized, we will be able to receive reimbursement for those projects identified in the grant application. Please contact Interim Parks and Recreation Director Kevin Hugman if you have questions regarding the grant. 7. Agenda Item No. 5F. Resolution No. 98-51, Authorize the City Manager to enter into all necessary agreements with the Employees Retirement System (ERS) to extend Medicare benefits to all eligible employees hired before April, 1986, by holding a referendum to accept/decline this benefit for each individual employee. A small number of Southlake employees (11) do not participate in Medicare, due to a decision made by the City in the mid-1980s. These employees do not currently contribute to Medicare (nor does the City contribute "match") and they are not earning eligibility credits toward coverage. As you Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 12, 1998 Page 5 can imagine, some of these employees have a concern that they will not have access to medical insurance upon retirement and will not be able to rely on Medicare benefits either. Given the dilemma this presents to our long-tenured employees, I asked Director of Human Resources Lauren Safranek to explore our options for covering these employees. The memo she drafted documenting the necessary steps is included in your packet. After discussing this issue with the senior management staff, I believe that our best approach is the "individual choice referendum." Your approval of the resolution will allow us to begin the process and prepare for the referendum. Recall that several months ago City Council asked that we look at this option following your discussion with City Secretary Sandy LeGrand during her annual review. 8. Agenda Item No. 5G. Resolution No. 98-49, (ZA 98-043), Specific Use Permit for Outside Storage of Plants and other Greenery for Wal-Mart. This is the Wal-Mart application. I have confirmed with Aaron Carter, Store Manager for the Southlake Wal- Mart, a meeting scheduled in the administration conference room, 1725 E. Southlake Blvd., Tuesday, June 23, 10:00 a.m., to discuss what needs to occur to resolve the issues. The meeting was requested by Councilmember Kendall. Councilmembers Fawks and Edmondson have agreed to attend also. In addition to Mr.Carter, the District Manager will also attend. We have requested this item be tabled in order to give us time to meet. 9. Agenda Item No. 5H. Ordinance No. 480-282, 1" Reading, ZA 98-052, Rezoning from AG to 0-1. The applicant has requested this item to be tabled at this time. The applicant does not have a user identified with the request. The Planning and Zoning Commission recommended denial 6-0 due to the unknowns and the speculative nature of the request and Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 12, 1998 Page 6 suggested that the applicant return with an SP2 or SP1 request. Due to the denial by P&Z, a super-majority vote would be required for Council approval. The applicant is requesting the table in order to consider whether or not to come back with a SP request or to come forward as presented to P&Z. Contact Dennis Killough should you have any questions regarding this application. 10.Agenda Item No. 7A. Consider modifying, amending, or cancellation of agreement between the City of Southlake and the Fort Worth Star-Telegram for publication of official legal notices, and designation of Star-Telegram as official newspaper for City of Southlake. This item was placed on the agenda at the request of Councilmember Moffat. The agreement with the Star-Telegram was approved by the City Council with the approval of Resolution No. 93-13 on March 3, 1998. This agreement was approved in order to give the City a reduced rate for our legal notices. There is no provision in either City Charter or state law that requires the City to designate an "official" newspaper. Section 12.05 of our Charter provides that "...Council may [emphasis added] designate by resolution a newspaper of general circulation in the City as the official newspaper of the City, and shall cause to be published therein all ordinances, notices and other matters which are required to be published by this Charter, the ordinances of the City or the Constitution or Laws of the State of Texas. There are numerous sections in the Texas Local Government Code that sets out requirements for publications in a newspaper. Probably the section most often referred to is the section regulating municipal zoning authority that requires that notices "...must be published in an official newspaper or a newspaper of general circulation in the municipality [emphasis added]." (Sec. 211.006(a), Local Government Code) Other Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Law- June 12, 1998 Page 7 sections only require publication "...in a newspaper of general circulation in the municipality..." (Sec. 43.052(c), LGC) Again, there is no provision in State law that requires the City to have an official newspaper. We have exercised the option in Sec. 12.05 of our Charter since April 19, 1988, in order to make it easier for people to know which newspaper to read in order to find our legal notices. We have renewed the initial agreement with the Star-Telegram annually, primarily because S-T rates have been less expensive then those of the Dallas Morning-News, and by entering the agreement we receive a reduction in the standard advertising rate of the S-T. A copy of our current agreement has been included in your packet. We have highlighted the salient points. Note the only reference to the Star-Telegram as our official newspaper is in the "Whereas" sentence. Section I of the current agreement states that we will publish in the S-T any ordinances, notices, and other matters, which are required to be published. Section II provides that we get a special rate with the S-T for our "official publication" which of course all our publications are. Note in Section II that the special rates apply only if we choose to publish legal notices for the City in the S-T. We would apparently get this rate whether the S-T is designated our "official newspaper" or not. I believe that what counts in order to get the special rate is our agreement to publish our legals with the Telegram. Nevertheless in some instances we advertise not only in the S-T but other newspapers as .r well. This is particularly true with employment ads. For example, with public safety and Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 12, 1998 Page 8 other professional positions, we advertise in a much wider area, including Dallas, Austin, Houston, San Antonio, etc., depending upon the job position and the area we are targeting. Section III of the contract states that the contract may be modified or amended at any time upon the written agreement by both the City and the S-T. Section IV states that the contract may be cancelled by either party upon a 30-day written notice. The upshot is that there is nothing we can find that prevents the City from using the S-T to publish our legals, and get the special rate, if both parties agree to amend the wording in the "Whereas" portion of the agreement. FYI, City Secretary Sandy LeGrand has requested the Dallas Morning-News to send us Lanother quote for publication of our legal notices. As of this writing we have not received a reply. Also FYI, attached hereto is a number of articles from the S-T that Councilmember Moffat requested we include in the packet. Mayor Stacy, Councilmember Moffat, and I are meeting with the S-T Tuesday, at 2:00 p.m. at the Northeast office. Let me know if you would like to attend. 11. Agenda Item No. 7B. Ordinance No. 480-280, 2`d Reading, ZA 98-040, Rezoning and Concept Plan for Pine Meadow Estates: The applicant has modified the plan by deleting one lot as requested during Council's approval of the first reading (5-1). Note he has also provided the 30,000 sq.ft. lots adjacent to the two lots on Shady Lane, as you requested. He has also relocated his extra area from each lot into the easternmost lots. Note in the review letter that the applicant is requesting relief on the building line along Kimball as recommended by P&Z. Contact Dennis Killough should you have any questions regarding this application. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 12, 1998 Page 9 12. Agenda Item No. 7C. ZA 98-041, Preliminary Plat of Pine Meadow Estates. There are no additional unresolved issues with the preliminary plat application. The Planning and Zoning Commission recommended approval 6-0 with the modification to the setback and concurring with the potential relocation of a sewer easement. This item was tabled at the previous Council meeting in order to be processed concurrent with the review of the second reading of the concept plan. Feel free to contact Dennis Killough should you have any questions regarding this application. 13.Agenda Item No. 7D. Ordinance No. 480-281, 2nd Reading, ZA 98-045, Rezoning and Concept Plan for The Woods. The applicant has addressed the comments in the Staff Review letter which are reflected in the plan before you. City Council approved 4-2 on the first reading. Contact Dennis Killough should you have any questions regarding this application. 14. Agenda Item No. 7E. ZA 98-054, Site Plan for Southlake Crossing Animal Clinic. There are no unresolved issues with this application. Note from the review summary that no review of the driveways was necessary since the developer proposes to utilize an existing curb cut. The Planning and Zoning Commission recommended approval 6-0 subject to the Site Plan Review Summary. Contact Dennis Killough should you have any questions regarding this application. 15. Agenda Item No. 8B. ZA 98-053, Plat Revision, Lots 6R, 7, 8, 9, and 10, Block A, Southlake Bank Place. The applicant has proposed a common access easement through the site which would allow the Texas National Bank and lots within this development access to Bank Street. The applicant is requesting relief for spacing between one of the common access easements to S.H. 114 and the existing bank driveway. During the course of the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 12, 1998 Page 10 meeting a bank representative stated that they would eliminate their drive when the new drive is constructed. We have an existing problem on FM 1709 at the TNB drive that we should try to resolve if we can while this application is before us. We will discuss this with City Council in more detail Tuesday. The Planning and Zoning Commission recommended approval 6-0 subject to the Plat Review Summary. 16. Agenda Item No. 9A. Resolution 98-52, Appointment to the Parks and Recreation Board to fill the unexpired term of Doug Fierce. Unfortunately, Doug Fierce has resigned his position on the Parks and Recreation Board. His company has promoted him, which will require relocation to the Beaumont area. It is our understanding that Doug will be assuming his new position very quickly, and his family will follow him as soon as their house sells. Doug has been an excellent volunteer for the City of Southlake, both as a Park Board member and a SPIN representative, and will be missed. Council needs to appoint a replacement to fill his seat. City Secretary Sandy LeGrand has included the applications we have on file for your review 17.Agenda Items No. 10A. Award of bid for irrigation improvements to Bob Jones Park, and Agenda Item No. 10B. Award of bid for grass sod of soccer game fields at Bob Jones Park. Specifications have been distributed for both of these items and staff will open bids on Monday, with SPDC acting on the award on Monday evening and Council on Tuesday evening. Obviously, this is not an ideal situation since we always like to provide the SPDC and Council as much information as possible before asking you to act. In this situation, however, we believe we need to keep things moving forward so that the soccer fields will be ready by Fall 1998. As such, we will present information regarding the bids to you at the meeting. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Le• June 12, 1998 Page 11 We will have the materials ready for you at work session. If you are comfortable after you've had a chance to see our bid evaluations, you may want to move these items to the consent agenda. The memos included in your packet provide information regarding our plans for sodding 11 fields (as well as hydromulching the others), and specification information on irrigation improvements. Please let Interim Director of Parks and Recreation Kevin Hugman know if you have questions about either of these items. 18. Agenda Item No. 11A. Project Prioritization. This item is only on the agenda should you need to ask questions or discuss the process. We will cover the results of the Council ‘11100, prioritization during the June Retreat. Call Shana, Greg or me should you have any questions on this process. 19. Agenda Item No. 11B. Ordinance 480-CC, Residential Adjacency and Corridor Overlay Revisions. This item is on the agenda as a discussion item at the request of Councilmember Fawks. He also requested the item be placed on the P&Z agenda for next Thursday, June 18. The workgroup finished its task last Wednesday evening, so Zoning Administrator Karen Gandy had to push hard to get the material ready on such short notice, but she was able to do it! Draft 6 of this ordinance is the result of efforts (which actually began in 1995) of several Councils, Commissions, staff members and two work groups, comprised of representatives w of all the noted groups as well as many representatives within the development community. Briefly, this ordinance (1) revises several sections within the existing corridor overlay Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 12, 1998 Page 12 zone, (2) adds roof design standards, (3) creates new subsections within non-single family residential districts which establish additional regulations for development adjacent to (and within 400') of single family residential properties, and (4) adds one additional variance option. The amendment recommends that Council be able to grant variances to the number of required parking spaces only if requested by the owner or applicant. Karen Gandy's memorandum summarizes the revisions and additions within each of the affected sections in greater detail. Please note that Karen plans to bring two additional clean-up items to Tuesday's meeting. These items relate to the continuity of concept and site plans and to the issue of substantial compliance. For questions related to Ordinance 480-CC, please call Karen Gandy at extension 743. 20.Agenda Item No. 11C. Revisions to the Sign Ordinance. The draft of Sign Ordinance No. 506-C reflects the recommendations of the work group, composed of Mayor Stacy, P&Z Chairman Creighton and former Councilmember Muller. Throughout the update process, the intent of the work group has been to provide potential changes that would improve the aesthetics and the quality of signs within the City. The recommendations, generated through four (4) work group meetings, include specific sign prohibitions, new sign classifications, and modifications to several existing regulations. The discussion Tuesday night should yield direction to forward the amendment to the Planning and Zoning Commission for review and consideration. Should you have any questions regarding this item, please feel free to contact Planner Stefanie Sarakaitis. OTHER ITEMS OF INTEREST 21. Parks and Recreation Offers Summer Special Events. In addition to recreation classes, the Parks and Recreation Department offers a number of special events for summer. Upcoming events include Movies in the Park (June 18, 25 and July 2, 9, 16. 23, 30), Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 12, 1998 Page 13 TAAF Swim Meet (June 20), TAAF Track Meet (June 27), Picnic in the Park - Concert (June 27), BCI Girls National Finals - Basketball (June 27), and Concert in the Park (July 18 and August 15). Questions about park programs should be directed to Kevin Hugman. 22. Final Preparations Underway for June Retreat. Staff has put the finishing touches on the agenda for the June Retreat, during which we will present information you will need for the upcoming budget work sessions. A brief orientation session has been set up to precede the Retreat. Note that all the sessions will be held at the Solana Education Center. The orientation session will begin at 1:00 p.m., and each department has been allocated approximately 30 minutes to bring you up to speed on current projects, organizational structure, and other issues. This will be an informal session, during which you can discuss ‘101.e departmental issues with the directors and their key staff members. All Councilmembers are invited to attend. The Retreat will officially begin at 4:00 p.m. The first part of the meeting has been set aside for review of current organizational issues, including departmental accomplishments for this and previous fiscal years, information systems management and vehicle replacement. At 7:00 p.m., Lewis McLain will make a presentation about the work he has been doing on a multi-year financial plan for the city. We will dedicate the rest of the evening to discussing this plan. Day Two will kick off at 8:00 a.m. Senior Community Services Coordinator Shelli Siemer will be first on the agenda, with a presentation regarding the management study recently conducted in the Parks and Recreation Department. Following this item, Greg Last will discuss economic development initiatives. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 12, 1998 Page 14 As is typically the case, the bulk of Day Two will be dedicated to discussing public works items. We plan to cover traffic management (including neighborhood issues), the CIP, the Drainage Master Plan/Stormwater Utility District, the Water/Sewer Master Plan, issues related to the neighborhood sewer program, and the potential for a new road bond program. The final portion of the Retreat will focus on prioritization of projects by Council and a City Council goal setting session. We hope to adjourn by 5:00 p.m. Questions or comments about the June Retreat should be directed to Assistant City Manager Shana Yelverton. 23. Drug and Alcohol Committee Update. The joint committee mailed 2200 surveys to the parents of 5th - 12th grade students of the Carroll I.S.D. on May 15th. The results of the parent survey will be compared to the results of a student survey (of 5th through 12th grade students) conducted earlier this year by the school district. The parent survey was intended to gauge substance abuse trends and the public attitudes toward the growing problem of youth abusing drugs and alcohol. To date we have received approximately 901 completed surveys, representing a 40% response rate. A student intern has entered the data into a statistical program, and staff will analyze the results and prepare a written report documenting the results of the survey. The results of the parent survey will be presented to the Committee on Thursday, June 18. Currently, the school district plans to present the results of the student survey at the same meeting. The City Council and School Board will receive a presentation of the results at the joint meeting on June 19. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 12, 1998 Page 15 24. Marcus Cable Complaints. In response to the numerous complaints we have received during the past few weeks concerning Marcus Cable, I have sent a letter (a copy is attached to my memo) to the district manager documenting the problems and requesting their help in addressing these issues. A meeting has been scheduled on June 24 for Tracy Southers, Kevin Hugman, and Marcus staff Mary Scearce, district manager, Alan Collins, vice president of operations, and myself. I will let you know the outcome of this meeting. In the meantime, I have asked our attorney to review the franchise agreement we have with Marcus Cable and to advise us what our options are if the problems are not resolved. If you will recall, the Fort Worth City Council recently fined Marcus $5000.00 for not meeting the customer service standards mandated in their franchise agreement. Although this is not a significant amount of money, the bad publicity Marcus received was probably an effective sanction. 25.Insurance Bids. The City's contracts for employee medical, dental and life insurance benefits end September 30, 1998. Therefore, the City will be accepting bids for these benefits beginning July 1, 1998. RWL Benefits, Inc. will be assisting the City with its bid process and recommending providers for these services based on the bids received. RWL assisted with the City's insurance bids in 1994 and 1996. RWL is an independent consultant and is not an agent for any insurance carrier or provider. Bids will be due to the City by August 3, 1998. RWL will review the bids during August, and we will bring contracts forth to the Council for your approval during the first meeting in September. Employees will enroll in the benefits during September, and the effective date for all plans will be October 1, 1998. Please contact Director of Human Resources Lauren Safranek with questions. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 12, 1998 Page 16 26. North Central Texas Council of Governments Solid Waste Grant. Public Works Intern Courtney Queen has submitted a grant request to the NCTCOG to initiate a mulching program that would provide a "green waste" collection for our citizens. The mulch would be used at our city parks, and would be available for citizens. Selections will be made by the beginning of August, with the contracts being entered into in September. 27. SPIN Update. SPIN has held 12 meetings so far this year with 342 residents in attendance. There are four SPIN meetings scheduled for the remainder of June. • June 15 SPIN #6 7:00 p.m. - Community Center Public Works staff will address street, sewer and drainage issues. Greg Last will be present to address concerns over Planning & Zoning issues related to the proposed Pine Meadows development. Billy Campbell has also been asked to attend this meeting to discuss code enforcement. • June 17 SPIN #10, #9E, #9W 7:00 p.m. - Community Center Nelson Parkway and F.M. 1709 will be presented by David Lewis of Lincoln Property Corporation. • June 18 SPIN #10 7:00 p.m. - Senior Activity Center A proposed single story office building for the northwest corner of Byron Nelson and F.M. 1709 will be presented to the residents of Diamond Circle. SPIN will also host a citywide public information meeting on June 22 to update the community on activity in Town Square. The 7:00 p.m. meeting will be held at Carroll High School. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 12, 1998 Page 17 28. Economic Development Activities. Following are some recent activities from the Economic Development Staff. Feel free to contact Specialist Kate Barlow or Director Last if you have questions or would like additional information. • Southlake Economic Report. The Spring 1998 newsletter was mailed to over 1,450 recipients on Monday, June 8. Recipients include Southlake businesses and economic development contacts. Staff has received follow up questions based on included material, and occasionally receives requests to have an individual or organization added to our mailing list. • June Chamber of Commerce Report. Attached to my memo is a copy of the June 1998 Chamber of Commerce Report presented at the monthly Chamber Board Meeting. f Attached to this report is the May 1998 Fact Column sent to over 20 print media representatives throughout the Metroplex. • Chamber Home Based Business Breakfast. Over 25 people attended the Southlake Chamber of Commerce sponsored Home Based Business Breakfast on June 3. Attendees include businesses from Southlake, Keller, Grapevine and Fort Worth. Participants voted to meet on the first Wednesday of each month, 9:00 a.m., at Bicentennial Park. The Chamber is very appreciative of our assistance with identifying home based businesses, and Kate plans to participate in future meetings. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 12, 1998 Page 18 Staff Extension Numbers: Barlow, Kate, Economic Development Specialist, ext. 776 Campbell, Billy, Director DPS, ext. 730 Carpenter, Chris, Planner, ext. 866 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, City Engineer, ext. 779 Hawk, Curtis E., ext. 701 Heath, Lou Ann, Director of Finance, ext. 716 Henry, Ben, Parks Planning and Construction Superintendent, ext. 824 Hugman, Kevin, Interim Parks and Recreation Director, ext. 757 Imm, Darcey, Assistant to the City Manager, ext. 759 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Community Development Director, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Safranek, Lauren, Director of Human Resources, ext. 836 Sarakaitis, Stefanie, Comprehensive Planner, ext. 753 Wilson, Garland, Deputy Director Fire Services, ext. 735 Whitehead, Bob, Director of Public Works, ext. 740 Whitehead, Nona, Community Services Coordinator, ext. 834 Yelverton, Shana, Assistant City Manager, ext. 705 M:\W D-FILES\C EH\MEETINGS\98-06-16.DOC\kb i Town Square Status Report June 16, 1998 I. Infrastructure A. Water - completed with the exception of 20 inch line and the 12 inch connection B. Sewer - complete C. Drainage - Main lines are complete - inlets in paved areas are not installed, and will not be installed until pavement is installed. H. Ammenities A. Landscaping Plan- Final review is underway. B. Central Park- Plan will be provided for Council Review. C. Bandshell moved to the north - out of the detention pond D. Detention pond originally was 1/2 wet and 1/2 dry - now all wet. (60" E. Final selection of street lights, benches, trash bins, etc. is underway. F. Paver cross walks to be placed, however no cost data is available at this time. III. Town Hall A. Plan to bring design contract to Council on July 7 and a Construction Management contract on first meeting in August. . JUN 10 196 16:50 PA6E.002 DRAFT Government Big Landlord: City of Southlafee("City") Tenant. Carron Independent School D ("CUD") Facility: The Government Building('Building') 1. Leased Premixes The area outlined on wit A mutating apply [ j.rentable square feet and a one-third interest to die joint use of[ j swans feet of tbe.board room and meeting 1ooms, and a Ord interest in the common asea space. Access to area and common area will be governed by agreement descrilie0d in paragraph 77 below. 2. Building The Building is located at the . Sout lake,Texas _acres and loeeted.at Il oil a site of Southlake;Tears. 3. Expansion/Reduction Rights CISD shall lave [exclusive 90 day period to negotiate whenever specified space becomes available]. The right remaining initial�at the s ease me�will For a period at least equal to the Initial space rental 4. Lease Tenn: Initial term 40 completion of construction work]] commencing WA alternatively, the jute of 5. Extension Rights • CISD shall have the option to extend the lease for an additional term of[20]Yeas as a right of first refusal. 6. Rent Subject to annual appropriation by CISD of the rent and operating eqienses for the government building space,the rent to be paid by CISD is as follows: ;'SUN 10 ' 98 16:51 PAGE.083 & CISD will pay the City an annual amount equal to the.amount shown on Schedules A and B, cumulatively equal to approximately% of capital cost (Schedule A)and 33-1/3%of the building operating expense(Schedule B). b. CLSD will pay the City annual amounts equal to its share of the operating costs calculated by the formula shown on Schedule B (33-1/3% the CISD share of the operating coats based on leased square feet)for the second 20 years, and any period beyond the second 20 years. Expansionallteductkms of Leased Space Each year, CIS)may reduce the amount it has leased by giving the City 130 days notice of its intent to reduce the leased mace. CISD may expand the leased space by written amendanent to this lease approved by the governing bodies of the City and CISD. 7. Landlord Service City provides CISD the fallowing landlord services to building space (kr Access to the CISD Leased Premise 24 hours per day All days of the week Electronic access Joint Use Premises Access to these fades will be by a joint decision making process of City and CISD, including the development of a quarterly calendar for use of Counci/Board room and other meeting rooms. CISD will have access to these facilities one-third of the available time, and priority access for the remaining two-thirds of the time, subject only to City and [Tanana Countyj rights- Office maintenance services Building Security HVAC standards • HVAC System will provide for the division of space—to allow CISD to have zoned off-hours HVAC Trash removal Utilities City(water,sewer)(separately metered)[included in operating expense] Public service(electric service,base telecommunication access) Any assessments by City as landlord, or as a governmental body, are deemed to be included in the rent,CISD shall not be subject to any additional assessment by City in its occupancy of the building. 2 'JUN 10 ' 98 16:51 PAGE-004 L S. Common area and Joint Use operating cocpenses CISD will pay one-third of the amount for common area maintenance for the tram of the lease. For the joint use area,CISD will annually pay the City 33-1f3%ofthe coat. 9. Standards fbr CISD Leased Space City will construct and install the interior improvement of its leased space in accordance with CISD standards and specifications. CISD shall have right to inspect and approve all work related to its leased space and the Joint Use Space,and the right to review the plans, specification and oonaecwaiom.of the common area apace. Completion date of CISD interior space is rAste_l. 10. Subleasing • asp may sublease its.leasehold space,as approved by CISD Board of Trustees and City Council 11. Landlord maizttnance of leased space (trow Standards for Landlord maintenance Pi st ciass building standard Elevator operation(minimum number of elevators during business hours is Building maintenance,iacluc ing anterior and public areas,as well as maintenance of CISD portion of building is the standard of a lust class building in Sartblake,Texas. 13. Parking Garage If garage is constructed by the City, it shall have at least two stories to serve the Government Building. CISD shall have an one-third lease interest in the parking garage, and during the lease term, the right to receive one-third of the gross revenues received from the garage operations. 14, Obligation of CISD All obligations of CISD under the lease are subject to annual appropriation by the Board of Trustees. 3 .JUN 10 ' 99 16:52 PAGE.0e5 • CISD wit enter it an agrees with the TIP Board ot'Duectors and the City by which the TIP will repay to the CILSD the amount of any CISD's TW participstion to be used to pay CaSD's lease obligation fix capital and maintenanodopast+oo. Erich year the CISD Board of Trustees will set the amount of the C1.SD TW participation !br the thllowing year. Rent would be paid under the terms of paragraph 6 of thus Term Sheet. 15. CISD Option to Acquire Leased Space CISD shall have right st any dine to acquire title to the Oty/iPs interests in the CISD leasehold inter+eat,as well as all rights to joint use areas and the common areas by paw City the balance of its unpaid lease payments, with diii aredt dx any of its prior lasso paw Upon aoguisidon, OSQ's sob obligation shall be to pay the City annual operation expenses hx the C1SD exclusive space, joint use space and common area interests, allocated on a per square Soot basis ix madusive space and on a percentage basis Ihr joint use and common spate areas, subject to animal appropcia'ion of such amount by CISC Board 16. Approval Lease, expansions and reductions of space, and won of trim must be approved by City Council and CISD Board of Trustees (haw' 17. Damage and Destruction City obligated to restore premises following damage or destruction of leased space 18. Term Sheet The Temp Sheet is not a lease, and creates no obligation on either the City or CISD and it is subject to modification or withdrawal by CISD or City. No reliance of either pasty on this term sheet,and no third party may rely upon it. 4 ** TOTAL PAGE.005 ** • NEWS CLIPPING Source: Naatielyarri Date: 1.34ir • • • "Ikr~1 t i Dave Lieber IMMEEMEME .Southlake's ethics code needs work • Those who know Joe L. • Wright of Southlake say it's diffi • - cult,if not impossible,to associ- ate him with any improprieties. "'There is nobody in this town who is more honorable and trust- worthy and who ca res more about this community than Joe Wright," former Southlake Mayor Gary } Fickes said. "I personally think he's the glue that's held Southlake togeth- er all these years,"Southlake— Mayor Mayor Rick Stacy said. "I think he has about as strong a character and principles as any- one I know,"Grapevine Mayor William D.Tate said. . Strong testimonials on behalf of Wright,the chairman of South- • lake's Planning&Zoning Com • - mission. But last week,several South- • lake officials challenged Wright's supposed good works as head of the city's top land advisory board. Wright's critics,including two Planning&Zoning commission- ers and a city councilman,ques- tioned several aspects of Wright's O�� service to his city.According to ,�.� the Star-Telegram report: ■Wright has received more than S1.8 million in city contracts for his construction companies. ■Wright voted in favor of a plan for a proposed shopping center after his company had con- tracted to install a sewer line for the project. ■Wright voted on items brought before the Planning& Zoning Commission by his busi- ness partners and employees. Apparently.Wright,who has Lior, served on the commission for (More on LIEBER on Page 7) • 1 T. 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TBut yesterday; Southlake City ower Council members maintained that the tower needed to measure at.• From Page 1 least 360 feet — and up to 401 feet—to provide adequate radio coverage for Southlake,Trophy insist the tower is needed,saying it Club and much of southern Den- would help eliminate areas where ton County.Council members also radio communications are blocked. countered that the structure will "Our concern is that some- not endanger the safety of nearby times you just don't have time for residents because it is designed to dead spots," Trophy Club Direc- implode on major contact. tor of Public Safety David Miller "This is a need we have," staid. "At those times, you realize Southlake Councilman David it could jeopardize a life or public Harris said. 'When I say 'we,' I safety as a whole." mean the entire region." According to a proposed inter- The Southlake tower is the local agreement with Denton third proposed by Denton County County,Southlake would be grant- to provide better radio communi ed free use of the tower in cations for the region, said Alan • exchange for allowing the tower to Williams, a Denton County Sher- occupy the land, Denton County iff's Department technical ser- Commissioner Scott Armey said. vices officer. Two towers have Currently, Fort Worth provides been constructed in Denton and —Southlake with radio communica- Aubrey. dons that could cost the city more Because of the ideal location of than$250,000 during the next three the Southlake tower,Denton Coun- years,Southlake officials said ty could propose three sites instead Armey said he has listened to of four, saving the county more Trophy Club's concerns and than$1 million,Williams said insists that he has been unable to While saving money is a good locate another appropriate site. selling point,others point out that "We've been looking for a site public safety should be addressed for close to two years," he said. before concerns about cost and "This is our last and best option." aesthetics. Trophy Club officials said they "Every day, I'm going to have are seeking advice to gauge to drive by this tower,"said South- whether they can take legal action. lake Director of Public Safety Bil- Expressing concerns about the ly Campbell, who lives near the potential safety hazards of a tower proposed site. "But knowing what collapse, Southlake's Planning and kind of services the tower will pro- Zoning Commission voted July 17 vide the region's taxpayers,I have to shorten the tower to 120 feet. absolutely no problem with it." YEWS CLIPPING Source: AVIA ,)Q gnanektrpt. Date: I •'3-4' ' Southlake tower passes �_ . first stepdespite protest BY MARISA TAYLOR Mayor Jim Carter said. "With this Stu-Telegram Staff Writer action, Southlake and Denton >y�. SOUTHLAKE — Much to the County are totally disregarding the dismay of Trophy Club officials, residents of Trophy Club." '� Southlake City Council gave initial The proposed tower, south of We've been looking . approval last night to a 360-foot Bob Jones and T.W. King roads, for a site for close to telecommunications tower that would also pose traffic hazards for two Years-This is; would sit next to the neighboring helicopters flying out of the upscale our best option. town. Solana office complex and Circle T yy "`' . "There is no need for this tower Ranch,Carter said. Scott Army), to be put up against one of our very But area law enforcement officials Denton County commissioner finest neighborhoods,"Trophy Club (More on TOWER on Page 8) — • L ` •�' YEWS CLIPPING Source:. rCAtt; l,�ls'' - c,, �c�^� [Date: c(� �� Section B,Page 4/Star-Telegram; Tower topic of meeting in Trophy Club Star-Telegram TROPHY CLUB — Residents have scheduled a meeting tonight to discuss alternative sites for a 360- root telecommunications tower on :he outskirts of town. Southiake has approved plans to install the tower within its city lim- south of Bob Jones and T.W. Kin, roads. But the site is near an tablished Trophy Club neighbor- hood on Indian Creek Drive, and onie Trophy Club residents are 2rotestine. -We want to eet the tower • moved someplace that's not around residential property." Trophy club Mayor Jim Carter said. _ Denton County Commissioner Scott Armey plans to attend the meeting at 7 p.m. at the Municipal l:ttlities District building. Trophy Club residents said they believe rhat puttine pressure on Denton uunty commissioners is the only r'oe of eettine the tower relocated. We do not have a say with .wuthlake. but .ve are residents of i)enton County and we do have a av with them." resident Jim Mc- i)onald said. The tower is needed to help elim- inate "dead spots" in the area's .:ncreencv communications, of- :iciais in both towns have said.But residents near Indian Creek Drive say the tower would decrease prop- erty values. loom as an eyesore 36 stories above their neighborhoods and result in higher property taxes , to compensate for decreased prop- erty values. iEWS CLIPPING Source: i , ;' `Ce -P< � 1C{ �r Date: �5 (q • Denton commissioner vows I to search for new tower site BY MAIUSA TAYLOR Our Back Yard." The residents, would be granted free use of the Sue-Telegram Staff writer who called for the meeting, said tower in exchange for allowing TROPHY CLUB — Denton that the tower, proposed to be the tower on its land. County Commissioner Scott built south of Bob Jones and T.W. Currently,Fort Worth provides- - Armey vowed last night to search King roacte, would be an eyesore Southlake with radio communica-. for another site for a 360-foot and that the structure should be tions that could cost the city more. telecommunications tower in an moved away from residential than $250,000 during the next. . effort to mollify residents angry areas so that property values do three years, Southlake officials_ %re about plans to build the structure not plummet. said. _ in Southlake next to their upscale "This tower will be in my back Expressing concerns about the . neighborhood in Trophy Club. yard," resident Jim McDonald potential safety hazards of a tower... ' Last night,Armey told an over- said. "I'm very concerned about collapse, Southlake's Planning flow crowd at the Municipal Util- the aesthetics of this thing." and Zoning Commission voted ities District building that the Although residents applauded July 17 to shorten the tower to- county has reinitiated talks with Armey's comments, Trophy Club 120 feet. But the Southlake City. , - Southlake and the U.S. Army Town Council members said they Council maintained that the tower: Corps of Engineers about whether were skeptical that the tower needed to measure at least 360, another location can be found. would be built elsewhere. feet — and up to 401 feet—to.. Previously,Armey said the South- "I'm not hopeful because Den- provide adequate radio coverage, , lake spot appeared to be the only ton County basically ignores us for Southlake, Trophy Club and,', site after an exhaustive search. down here," Councilwoman much of southern Denton County. . "Hopefully, in the next couple Susan McCabe said. "I'd like to Council members also said the - of weeks, we'll have a short list," be hopeful, but I don't think that structure would not endanger the._ Armey said. "My gut feeling is they're going to find another safety of nearby residents because that we can find another site." site." it is designed to implode on major But that other site may cost Area law enforcement officials contact. more money if a taller tower has have said the tower is needed, The Southlake tower is the" to be built. He said adding 100 saying it would help eliminate third proposed by Denton County feet would cost$100,000. areas where radio communica- to provide better radio communi-. . More than 100 people attended tions are blocked. According to a cations for the region. Towers. ' the meeting, many of them wear- proposed interlocal agreement have been built in Denton and ing yellow buttons saying"Not in with Denton County, Southlake Aubrey. I L • , _ ___ I, Trophy Club residents fight tower site proposal Continued from Page IN. , A planned site of a Southlake water- "I cant guarantee to you tonight that i 'ts not ` in storage tower in the next few years. • going to end up on this [current] site. But that i o Trophy Club homeowners say „ the transmission tower,in addition will be absolutely our last resort. TROPHY to being a visual blight about the CLUB J i M height of a 24-story building, will — Armey,Denton CountycommiFioner cause property values to plunge. v g Some also say they're worried about t< i putting another tall structure in sympathize with residents' con- the chase,he might not be able to wan VIIII1 6sacit the flight path of area airports, cerns and are seeking another site, radio for help. souniuic even with Federal Aviation Admin- with Southlake officials'full coop- Officers in both Trophy Club and Telecommunications Ii istration approval. eration. Southlake have said they want the 71-14 tower site About a dozen residents calling "My gut feeling is that we'll find tower built regardless of aesthetics themselves Concerned Citizens of another place to put it,"he said at or other concerns. ii Trophy Club organized the meeting the meeting, drawing hearty ap- "We don't care where it is,"said ; � % and have collected more than 1,000 plause. a Trophy Club officer after Wednes• -i ran- ' signatures on a petition protesting Several sites are being consid- day's meeting."We just need it,and I oft' the plan.The meeting was attended ered.including US.Army Corps of we need it now." by Town Council members,Mayor Engineers land near Grapevine Southlake City Manager Curtis14,4 Jim Carter,Denton County Commis- Lake.If the tower is built on a site Hawk said Wednesday that city offs- h 1as sioner Scott Armey and Sgt. Alan with lower elevation.it would have cials are searching for another site. Williams of the Denton County to be as much as 100 feet taller. Many Trophy Club officials and "FORT' ®1 , Sheriff's Department.Southlake of- adding about S100.000 to the cost, residents say they're upset not only woantl f ficiais were invited but did not at. Mr.Armey said."But cost isn't our with the Southlake site but with The Cello.Morning Yew tend. biggest consideration right now. how the tower issue was handled. Protesters sported bright yellow We feel like it's a fair tradeoff if we "We found out totally by surprise," whole lot of income if this goes, buttons with a drawing of the tow• can get it further away from the Mr.Carter said. forward." • er,a slash across it and the words residential areas,"he said. Trophy Club was notified in Au- Mr.Armey conceded that better "Not in Our Backyard." But despite good intentions, he gust,Mr.Armey said,soon after the communication among Southlake. Southlake plans to donate the said, "I can't guarantee to you to- site was selected.Residents say they Trophy Club and the county could' night that it's not going to end up should have been part of the search have allayed some of the problems. land to Denton County. which on this [current] site.But that willprocess,not told after the fact would own and operate the tower, "but that's why we're here now,"he • in exchange for the right to use the �absolutely our last resort. "It's very obvious that due dill• said. "We're doing everything we tower ot or y's emergency o come "Our primary concern has to be gence was not applied before this can to work this out." tower for the. getting the tower up." he added. decision was made," said Rizhard Residents plan to start a letter- "We've been working too long on a Goodwin. "Why all this concern writing campaign targeting Trophy Transmission"dead spots"exist system that does not protect our from the county now and not before Club and Southlake officials, con- throughout the county,Mr.Armey law-enforcement officers." we had to get to this point?" tinue gathering names on the peti- said, necessitating the addition of In many locations, Mr. Armey Jim Thomas called the site selec- tion and attend a Denton County two towers,one in Aubrey and one said, transmission capacity is so tion a "dangerous decision if you commissioners'meeting Tuesday to' in the county's southern sector.On. poor that if officers enter a build- don't have more information...on once again voice their outrage. ly one tower,in Denton,exists now. ing, they cannot communicate on the detrimental impact this could "We can't let up the pressure The two new towers are expected to their hand-held radios. So, for in- have on the county's tax base with now. If we do, we're dead." said • cost S500,000 to Si million. stance,if an officer followed a bur- the devaluation of all these homes. Trish Stebbins,wife of the develop- Mr. Armey said count;-officials glar into a building and was shot in ... The county stands to lose a er. fir.- YEWS CLIPPLNG Sourc_. ' _`. - Date: - 1 => C �' Heightened debate t,,...:.,„ ._._,:„ -:.. -7---•-• v. W ;'t t. rye i 'tomc } _ `� ; t T' 'x • 6 I. • •'-. .i 41- .. :— !' It t.. The:c:6s'Aerms';evr Andy Sail Trophy Club resident Bill Hughes poses a ques• posal to build a communications tower on T.W. tion to officials attending a meeting Wednesday King Road. Residents donned buttons showing night at which residents argued against a pro- their feelings about the tower project. Residents of Trophy Club . i a '+` argue against proposed site N N s3' for communications tower t. �, By Joy Dickinson ! NOT tN ?tai!1V:er et The Dallas't:-_;Sews TROPHY CLCB—It isn't even built yet,but OUR ' a proposed 360•fcct communicattocs 'tower is ctbit D' v ophY already sending out had vibes. About 150 Trophy Club residents .rammed A r` Club into the Town Council chambers Wednesday - night to protest the Denton County tower. 't 0,. - which Southlake has approved for construc• ; -t tioa oa T.W. King Road next to the Trophy , ... A g f, u Club city limits. No Southlake residences are near the tower �.,. — . site.but about two dozen Trophy Club homes „-•. -- sit within-0 feet of the land.which also is the 1:1.6..-..71' N.:-%. Please see TROPHY on Page 7N. j — v A._ — NEWS CLIPPING • Source:tic, 1 C1 �Cx•z. '� Date: (0- I - Wrsulr R.TURNER,President&Publishel' % — 4" Mime.8uciauw,Vice President,Editorial Director i JACK8.T�r.EY,Vice President, Community Affairs JIM Wrrr,Vice President,Executive Editor Aim G.Can,Founder-Publisher 1906-1955 s' ANON CNrr¢n JR.,Publisher 1955-1982 x-s EDITORIALS A Better Site IF THE only place in southern Denton County where a 360-foot- tall police communications tower could properly operate were a piece of land donated by Southlake beside an established Trophy Club neighborhood, then by all means,we'd say start building the thing. But thanks to the wonders of modern science,all it takes for police and fire communications is a tower tall enough,preferably on a hill allowing unfettered signal distribution. In other words, the proposed Denton County communications tower could be located in many places. A more ideal location would be on unincorporated land in an undeveloped area. Fortunately, Denton County Commissioner Scott Armey told Trophy Club residents last week that he and other county officials would go back to the drawing board and study different sites. After behind-the-scenes efforts by Trophy Club officials to scuttle the project failed,a group of Trophy Club residents organized for battle.Their efforts to convince Denton County officials have met with some success. Armey has called off the scheduled bidding for the project. Trophy Club residents showed Armey that the tower—as tall as a 36-story building—would cut property values by damaging what real estate agents call"curb appeal" in the neighborhood along Indian Creek Drive. If that were to happen,Trophy Club residents elsewhere in the town would have to pay higher taxes to make up for the difference. Their point was that the tower wouldn't only affect the two dozen homes in the immediate neighborhood.The eyesore would affect the entire town. We believe a better site for the tower can be found in a less populated location. • NEWS CLIPPTh G Source: f'c, C ,_ ', . ! �'. �� r I Date: ( - I J Trophy Club residents ask I county to change tower site BYBRYONOKADA • a petition with 1,090 signatures of Star-Telegram surf writer people who oppose the tower site. DENTON — About 40 Trophy "It's a crime to penalize the peo- Club residents urged county corn- ple of Trophy Club when there are missioners yesterday to not allow a alternative sites," Trophy Club. proposed 36-story communications Mayor Jim Carter said. tower be built near neighborhoods The pressure appears to be hav- in their town. ing an effect. Although the tower site is in Commissioner Scott Armey,who Southlake. it is about 70 feet from met with Trophy Club residents last Able Trophy Club's eastern neighbor- week regarding the issue.said corn- hoods. Because the tower site has missioners are attempting to find been approved by Southlake, resi- an alternate site, probably on U.S. dents say their only chance to move Corps of Engineers property or the tower, which they contend will elsewhere in Southlake. lower property values and be a vis- Residents emphasized that they ual blight,is to place political pres- are only against the tower's loca- sure on the Denton County tionandnotthetower. Commissioners Court. The tower would provide impor- •"The town of Trophy Club is one tant communications for Trophy of the jewels of Denton County," Club's emergency personnel, in- Trophy Club resident Bill Lewis eluding communication inside said. "We want to keep it a jewel. buildings,and improve radio cover- It's a feather in Denton County's age of T.W. King Road and the cap to have a town like Trophy southeast neighborhoods, Trophy. Club." Club Director of Public Safety Resident Al Chappell submitted David Miller said. L • --. ...1„....... 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' 0. �� VI ▪ ° ^ F In. it:..° ea 0. -_ .... 3'."° op 5'.I 7 o . *ow' NEWS CLIPPING Source: S - �� Date: . - - 1 • Westlake battle's le al féès'- ►` are approaching: 1 millio Board of Aldermen to weigh budget increase 11 BY SUSAN GILL VARDON Southlake and Roanoke, developer Ross Star-Telegram Staff Writer Perot Jr. and the owners of the Solana WESTLAKE — The cost of the legal office complex. At least 40 attorneys have • battle over the dismantling of this tiny town been involved in lawsuits scattered among may be nearing $1 million, and none of the state and federal courts in Austin, Fort dozen lawsuits has yet been resolved. Wes,Dallas and Denton. Westlake alone has spent $608,000. To cover the hills, the Board of Aldermen on Fort Worth approved payments of up to Monday will consider increasing the town's $25,000 to the Fort Worth firm Kelly, Hart i $300,000 budget. & Hallman. Southlake has paid$12,500 to Also racking up lawyers'fees in the bat- its attorneys as of May. Representatives of tle are the old Board of Aldermen and their Perot and Solana would not divulge their appointed mayor, the cities of Fort Worth, (More on WESTLAKE on Page 10) eC L ULPutUjuke From Page 1 . avoid legal challenges by West- Westlake filed for Chap ' • inga bankruptcy last month, c1 �9 ba which has the loss of Solana, of its revenues, 99 percent of enues, would finan- ciallyc the town- closing argumentsxpected to hear onCl whetherg Wednesday rant bankruptcy rotection.Westlake Westlake contended that the bankruptcy included an auto- matic stay that temporarily vented the annexation. Spre- vented nnexation South_argued that actions by governmental bodies are exempted from bankruptcy Southlake has viile Solana with begunlice to and I fire protection. Tomorrow, Southlake City Council mem_ bets lill also consider approv- ing special permits to allow Marriott Hotel, Chili's Restau- rant and La Scala Restaurant to serve alcohol at Solana. "Solana already had their licenses from Westlake,"Hares aid. "This is yet another icknowled8ement that they ar ow in Southlake." Lawsuits filed by Westlake f' fainst Southlake and the i er Westlake Boardfor- 1 en are pendingof Alder- .Districtl d Tarrant :Grath's court. $O Bob Westlake has filed several 'suits in state court that chal- 'ge the former Board of Jermen's disannexations, uding Ross Perot Jr.'s Cir- r Ranch,some of their own •'erties and Solana. Shortly the disannexation, Solana ials requested that South- annex the office complexcomplex plea I .:fore . disannexing Solana, 'dermen also ousted Scott ey as Westlake mayor,but ey has appealed to the • Supreme Court, June Southlake City I authorized its attorney 1 individual lawsuits Bradley and three dermen. HoH, West- Solana, ma mey has er' the the making adjustments to yet to act. amount of they were mow,city officials also that the owners taxes considering nsider an complexnets of the office Ong city tax revenuesdedic agreement. it between economic rissa will pay Southlake, Solana to a s from _ n the i cif Ra said. be used for special account to y and Southlake officials to "'The annexation has nothingwithgreed,"City e're have said made to lava underrimprovementsa10-year member Wayne Council Solana a We've felt all along that said. year doing the right thing." that we're 8.• .,- „4411.1) NEWS CLIPPhG � �� Date: -t' - ----------1 �-�' t Source: Ali-- 1%�� hla1ke Set. _ � �, r -- - . _.4i. : . \ ut . , tt vote agaul . . .r : to • • -1 •,-., onaflh1eXatb0 Westlake move can't Sty5Io,. . the acquisition of Solanatt tt BY MARISA TAYLOR Star-Telegram Staff writs 1i SOUTHLAKE — City Council members are t expected to decide tomorrow whether to acq Wesfr�� Solana office complex,after recently securing agreement that a bankruptcy proceeding&' L lake's .. -} not prevent the annexation move second times �. Tomorrow's vote will mark Southlake has attempt to annex the Vie mid: four Westlake aldermen moved: office complex since disannexing percent of 90 to dismantle their town by ,_.�:'- it. « a belt and suspenders ai't ie,i , . It t like wearing sure David ti ,I same time,,, Southlake Counc�that there are i201 said. "We just want to make procedural questions about the annexa°�m+tt McGuire . - In June, U.S. Bankruptcy Iudg e accepted an agreement between Westlake and ny & lake, stating that Westlake's bankruptcy P • does not automatically prevent Southlake from., annexing Solana. Southlake City Cow- Just before the hearing, _ members voted to table theannexast t tag to see v� ;= "We were basically j • happen," said Wayne Olson, a Southlake cil''_ would "And the judge said go forth and conga e . • , attorneyy.. g approved the first annexation; In May, the council of the 507-acre office complex. But Southlake..o f4. : cials also vowed to repeat the vote in an attempt t (More on SOUTHI'P` 0 \IC- R.... on Page 7) ', ..! ` enues, generating about $700,000 If the consolidation is; + a.'r. S o uthl ake a year in sales tax revenues and approved by a majority of vs - •about $200,000 in franchise fees in each municipality,-then . From Page 1 to the town. -. smaller municipality would • ;. L Westlake paid more than all its assets to the age,:".'us' �'•C • { $24,800 last year to Trophy Club pality. Elected offices of: ,c%, t t.. , lion of the $105 million office for police services and about smaller municipality-wouldCf, -+, `1.` complex and authorized its $1,800 to Trophy Club Municipal abolished and elected offs„", , lawyers to continue to develop Utility District in fire services. from the larger muniet.,,p,Y� ►• '•- t would take the rei o ; -i; settlement proposals. Westlake officials were also ;= - x., �i ,�! , "I think the No. 1 issue we reluctant to support the possibility . Iy formed gov 1 The • t have with Southlake is Solana," of a merger of the two muai municipality would also, ` i.,' - i Bradshaw said."If they are sug- ties, saying most residents wouldw all outstanding liabilities. ' ..-1.-„*.-_.` . -, _ gesting that they take Solana and like to preserve the identity of Southlake,the larger of the • a• give us police and fire services, I their town. towns, would assume responsi •;-- don't think it's a fair trade." - "As far as I know, there have ity for Westlake if the towfia:: Southlake resident Kie M iu' Y- been no settlement discussions merged. ..„ ka, who is a friend of Bradley's, between Westlake and South- "If Westlake exists solely expressed sympathy with West- lake,"said Paul Isham,Westlake's provide hi ov.., , , lake at the Southlake council cityattorney. "But, I think the Pr quality.g t ' then a merger with Soutlil�" ", t meeting. people of Westlake would like to would make sense," Southl r; "I think it's comparable to remain part of Westlake rather City Attorney Taylor said. watching your neighbor as he's than become a part of Southlake." ,- • robbed and then when he's on the The status of Solana is n A merger of two municipalities among the issues to be na • . ground picking his pocket," is allowed under Chapter 61 of Southlake iossues to be Muzyka said. the state's local government code. '_ Councilman Wayne Moffat If at least 100 qualified voters of "There's no change in oqr'. called Muzyka's comments a"PR each of municipality petition their plans to annex Solana," Southlake' scam by Westlake." respective governments,then each Councilman Gary Fawks said.; The Solana complex provided governing body must order a con- "But, we're looking at good-fait ': 99 percent of Westlake's rev- solidation election. ways to settle our differe es." .4fi.� NEWS CLIPPING • r.•� Source: SI I E%1, I--A'M Date: ' 1- �Q " • Southlake suggests .,:: a Westlake merger _ BY MARISA TAYLOR Allen Taylor said. "This litigation Star-Telegram Staff warn is sucking up money like a Texas SOUTHLAKE — Southlake windstorm." leaders may offer free police and Contested Westlake Mayor fire services to Westlake or sug- Scott Bradley said Westlake gest merging the two towns as a would be open to a settlement way of resolving the continuing under certain circumstances. dispute over the Solana business 'This does come as a surprise complex. to me that Southlake is talking __ore__ Southlake came up with the about settlements," he said. `-`I h proposals after Judge Bob think we would make conces-�"� McGrath's emotional plea last sions,but I don't thifdrwe're will-p- month that mediation be consid- ing to do anything other than get I, .- ered to resolve a flurry of lawsuits our town back." stemming from the former West- But Westlake Alderman Charla lake Board of Aldermen's disan- Bradshaw accused Southlake offi- nexations of Solana and Ross Per- cials of skirting unresolved ques- ot Jr.'s 2,500-acre Circle T Ranch. tions about the legality of South- "We're just looking for a way lake's move to annex Solana. - to stop everyone from constantly Last night, the Southlake City writing out checks to their attor- Council approved final annexa- neys," Southlake City Attorney (More on SOUTHLAKE on Page 13) Lire QVEK „ . . $� O ,t a n • Q CI .� S 'C a E. = n 0- C' w atu M 0 3.8 D ,j-� n. flo aa . �m x. 3 c 1v m o 7 ). el c E4 0 0 4 1 r-1 e! n c so n ). o' •< Ee C' m �c o_3 �. a.r M R ao� -•ao „.; sO c c o d'< n N A '!J 3 E.< S. n s I. 3 . 2 7 T da.3 S n n 7 //2� m 7 C n. n O.7 CI CO -•e 3 m m n R.0<i G n •� G n fp u^- Sa-. aD o'e'aD 7 c n m n 7 n 0.”' OO 7 0. 7 3 c =m,i a stn- 111 O .°7� d� m n 7 3 ...� E Al S 7 N H 8.00 = E 7 N oa 7 n m _ a p n 3 N.3 n °' us ° n n snap _ n .• m < noOS Z .7 ° 7 3os 3. 0. 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'• ^ V1 onoE. _ocap.o COoa O nd0n a. emn IMit E e' en3wn' .1 °3 7 H m 7.O °•n n n n 7 n•n 7 7 ° -H IINMA Ir\ n O niIfl. m ,wnn 13 7 7° n n n•c y 7'S°00 E CO n n w ,,M n u n n c 3. G.E G 3 0. n 7 A G ..0/—. .... a. .n c � 3 ci o.: 3 3 .s •-3 m S 7 3 o 4, -i S C °^ n 0 O.7 s C�. 7 _ n R . c E £ a .......020 c .S a S '70..c.. ... E.n d \ • ,. . .. , \ ;.1 - • . ti, 444aw . ........-..... ..............1.-IN...1....-------"."......... .............................1.1......."....."..-1 S blalke ot I ' 00-acre Circle T Ranch. settlement , . • • ITil 2estia5ke already contracts for ..., ,"'That.doesn'ilsoiiide avu.eliyi • • - • , . its police and fire protection.Last fairscott•trasdialeye-,oixt:seAchassatd:d•',.11*".,4 From Page 1 year,,,Westlake paid more than already liav poliptand fue:seto' $14,80040 Trophy Club for police .-Ivi, co. ,,lhat's:notigiyin_ g us_very\ . .cis and about:v.soo to Tro. 'lance . --•-,,,iii-is pi- ;le-.st.3.. ve details of the Package' phy Club Municipal Utility Dis- 1 Contestsd Y:e.tsAlike.Mayste Last week, Southlake officials Ilia for fire services _ ., said they mig,ht offer to Rrovide Richard Kuhlman,vice fired- lake viould ,,,open free police and fire services to dent of Maguire Parma's'said he ment if it inchidpd-__a,r,rlullPn, —\ Westlake, or arrange a merger of did not know the details of the the Solana dispute.Bradley couldl the two towns. The proposals othatfferiobothiut hakee saidoteheoZasvietepleasedook. ntooaot bey.reached-to_ comment yeFt-,-.4 came after Soutblake City Coun- cil annexed the $105 million .. -- office complex at tite request of ing an effort to resolve.the lawsuit. Southlake officials said-n•' the nviners,i,Aagnite pattners. ."We're looking for_closure on niergexis still'possible but is not • Southlake began considering this," Kuhl?an said after attend- part of the Settlement 40.,_. Imaking an offer after JuOge Bob ing last nigh. t's meeting. "Hope- merger of tWii municipalitiis-is::,‘ ",,McGrath's request last month that fully this,is a step in the right allowed tii4de .Cbacter ' era diation be attempted to find a direction: state's loca government'titicie . .„ 'i solution to the flurry of lawsuits Westlake Alderman Abe Bush Southlake,the.larger of the tv!c!.. ‘,...00 it _stemming from the former West- said he had not heard the details towns,Viould-assimie respolisibil-' tlae Ugard Aldermen's slisan- of the offer,adchn* g that S rged. olana is ity for Westlake if the6towns c•ps of Solana and Rois Per- an impodant part nexati of any passible me of 1 . - • - ---------- - --- ---------- *441111110 • • NEWS CLippING - Source: Date: ..,allat • i q r-! Ou ' 4r--: d: . ake to oe . , 1 iSo a ,1 WestJe1t /.bo _ Y T.� board SO�c Star Tdeg SUSgIy G�V r tag Wrioe� 1RD011/ .. Settler offer to W City leaded are e/ , ...ue thol aker the estinkeSoY as away tt°oen unv resolv / . x. ���Board y last mSht to ere �e thr�l authorized Ma e we wAide odae for=nal off to the Scott_Said Aldermen t wocity g Nan SconMng to do this,,, Sou Southlake Citywe 1e doingpn Said afterlast m&hYs dement offer w .ManaSer Curtis . 11 se (More on p er-related,'Hawk be said the set- I UTHLAKE would not on Page l U) Iki / 0\16tr) 1 t t D Southlake began working on a Trophy Club last year for ponce''. settlement last month after Tarrant services and about $1,800 to T r Solana County District Judge Bob phy Club Municipal Utility Dis;''�t McGrath urged.those'involved in for fire services. - From Page 1 various Westlake lawsuits to con- Without the revenue from S -r, sider mediation. lana, Westlake officials said their than$700,000 a year in tax revenue Southlake officials claim that town cannot survive. The uew for Westlake.The town pays about their offer would allow Westlake to Board of Aldermen tentativelptn-�`�' ( $25,000 a year for police and fire continue operating as a city and still proved a 1997-98 budget that show. services. have about $4,000 a month left the town would be broke by springy But Southlake officials said that over. without Solana revenue. � x ' Westlake residents would benefit "The settlement offer is well "It's for us to decide wha(we from the offer. thought out," Southlake City At- budget and what our citizens think "If anybody truly caresabout the torney Allen Taylor said."We have are necessary expenditures,not for: citizens and the taxpayers of West- gone through each infrastructure Southlake,"Bradley said."It'spre- lake, then they would see that this demand in Westlake and deter- sumptuous of them to tell us how offer is an answer," City Council- mined that police and fire are the we should manage our affairs." man Wayne Moffat said. "If the main services that they need as a A decision on Westlake's request settlement is accepted,it's a win for town." for bankruptcy protection is pend- the citizens of Southlake and a win Under the proposed settlement, ing from U.S. Bankruptcy Judge for the citizens of Westlake." Southlake also would assume re- Robert McGuire in Dallas. • Southlake is expected to send the sponsibility for Westlake's garbage If McGuire rules in Westlake's offer to Westlake officials today, services, which residents could pay favor,town officials hope to pursue City Manager Curtis Hawk said.He for individually. a claim in state court that the disan= said telephone problems prevented The settlement offer does not in- n e x a t i o n o f S o 1 a n a was a city officials from presenting the elude road maintenance.Southlake fraudulent transfer. offer yesterday. officials said that if Westlake in- As a result of its annexation of The three-month legal dispute vested its money for economic de- Solana,Southlake expects about$1 began when the old Westlake velopment in the TexPool state in- million in additional sales tax rev- Board of Aldermen voted to re- vestment fund, the interest gener- enue annually.The city has agreed move Scott Bradley as mayor and ated would be more than enough to to funnel property taxes generated then, with appointed Mayor Dale pay for road maintenance. West- by Solana back into the office coin- White, disannexed Ross Perot Jr.'s lake has about $600,000 in its eco- plex as part of a 10-year agreement 2,500-acre Circle T Ranch. The nomic development fund. to pay for$3 million in road exten- next day, that board lost majority "We're just making a good-faith sions. control in the municipal election offer to Westlake in such a way that Some Southlake officials said but delayed seating the new mein= the town can continue to exist and they did not expect Westlake to im- bers. The night before they were operate as a town,"Hawk said. mediately accept their offer. forced to yield control, the lame- But Westlake officials said that "I'm sure Westlake residents duck aldermen voted to disannex Solana provided more than would prefer to keep Solana as part Solana, which provided Westlake $700,000 a year in tax revenue to of their community,"City Council- with 99 percent of its tax revenue. • their town, while the cost of police woman Pamela Muller said."But I Southlake has since voted twice and fire protection is only a fraction hope they would still consider our to annex Solana, despite a lawsuit of that. offer as way for them to continue by Westlake challenging the ac- The town paid about $24,800 to operating as a town." tions. NEWS CLIPPING Source: Itet f pt /Wt., Date: ; Westlake condemns:;:-: , , may. • ro osed settlement, Y BY MARISA TAYLOR "Anything sfiort of theme .1 AND SUSAN GILL VARDON giving us our land back so Star-Telegram Staff Writers we can run the city is really SOUTHLAKE — West- a slap in the face," said • lake leaders yesterday Westlake Alderman Charla denounced Southlake's Bradshaw, who had not offer to provide free police seen the offer yesterday: and fire services to West- "Why shouldn't we get the. lake for 10 years to resolve land back, not someone the legal wrangling over the offering to pay our bills?",_ multimillion-dollar Solana Solana provided more office complex. (More on SOLANA on Page 12) N Saturday,July 26, 1997/Star-Telegram /Section A,Page 17 .ti 1 ' tq s 1�1 Westlake -the town would be broke by topped$600,000. , 1Nido- 4, early next year and would end the "We're doing what we feel `1..1 fiscal year$942,234 in the hole. strongly about, with honesty and i :- From Page 1 McGuire found that Westlake with our convictions," Held said. _ purported to adopt the budget July yesterday. "And we're doing it.the_ , 10 "without following Texas way the citizens in the town -.4. ners," Hillwood spokesman Pete required statutory formalities." desire. They seem to be 100-pp - `- .F Geren said in a written statement. He noted that expert witnesses cent behind what we're doing." .,.- "It is time for Westlake to accept on both sides had testified that McGuire's directive for media .the consequences of its own mis- they had"never seen a municipal- tion echoed the advice last month management and set about to put ity purposefully adopt a budget of Fort Worth District Judge Bob t itself on a firm financial footing." with a projected deficit." He also McGrath, who will oversee,an Southlake City Manager Curtis described Westlake's projection of Aug.25 hearing to determine who Hawk said he wasn't surprised by $1.4 million for road repairs "not is the Westlake mayor. . -'' >, the ruling against Westlake. credible." On • - Wednesday, citing • "It is very obvious from their "The credible evidence was McGrath's suggestion, Southlake f _i spending patterns that they are not that a Texas municipality does not officials gave Westlake an offer to bankrupt,"Hawk said. generally undertake massive road provide free police and fire ser- A All parties in the case have said capital improvements, like these vices for 10 years. The offer, r. 1 they would consider a settlement projections, until ample funds are Southlake contended, would : if the terms are right. available or obtainable,"he said. allow Westlake to continue oper-Westlake filed for bankruptcy Bankruptcy protection does not ating as a city and have about protection June 9, in part to try to "appear to encompass a situation $4,000 a month remaining. regain the Solana office complex, where a municipality deliberately Rick Patterson, president of. * which provided 99 percent of the budgets or spends itself into insol- Perot's Alliance Development town's tax revenue. Solana and vency,"he said. Perot's Circle T Ranch were Southlake and others have Southlake's offer thesuppotfs among the properties disannexed argued that Westlake could "We've been working hand in by the former Board of Aldermen impose a property tax to fund its hand with Southlake, Fort Worth ,i and its appointed mayor,_Dale services. But in his. ruling, and Maguire Partners in what . ' White. McGuire indicated that a property Southlake put out," Patterson , ,Southlake has moved to annex tax would not raise enough mon- said. "We're definitely involved 'Solana, and Fort Worth has ey•to solve Westlake's financial with that." • included Circle T in its extraterri- problems. "I think I could see the judge 1 tonal jurisdiction. Southlake,Hill- "The maximum permissible pointed out that with good stew- - wood and Maguire Partners, tax rate is a rate of$1.50 per$100 ardship of their resources, West- which owns Solana, had asked taxable value," the judge wrote. lake could continue to be a town,"McGuire as to dismiss the bankrupt- "This would be an extremely high he said. "But it seems they are on cy rate. For example, Fort Worth has this track to spend themselves Last month, McGuire dis- a rate in the range of $.98 per away." ,,,,, missed a claim by Westlake that $100, and Fort Worth's rate is on Westlake's aldermen discount the disannexation of Solana was a the high side ... . ed Southlake's offer because it fraudulent transfer. McGuire said "Thus, it appears that when doesn't include the return of the dispute was political and and if Westlake enacts an ad val- Solana. Solana provided more should be heard in state court. orem tax, the maximum realized than$700,000 per year in tax rev- In his ruling yesterday, howev- tax revenues from the same would enue for Westlake.The town pays er, McGuire stated, "While it is a be in the range of $40,000 to about $25,000 a year for police , close question,it appears this case $80,000, if the disannexation is and fire services. was filed in good faith." not set aside." But the board plans to discuss I But he also questioned the Despite the judge's ruling, the offer at its meeting Monday. credibility of Westlake's 1997-98 Westlake Alderman Fred Held "From their standpoint it's budget, which included unusually said he believes that the residents pretty good," Held said. "But large expenditures for the town's want to continue the fight to from our standpoint it doesn't dis- } infrastructure. The budget esti- regain the town "the way it was," cuss Solana at all. And that's the mated that without Solana rev- although legal expenses have issue." j • M NEWS CLIPPING • Source: S r j , J it 9LIY/(j Date: o R • '.stir Bankruptcy judge rejects or rotectionest a ebid BY SUSAN GILL VARDON "In the `For What It's Worth' can start over," Bradley said."It's star-reiegra,,,Staff Writer department, I think that all the disappointing, but it-certainly l %we A U.S. bankruptcy judge yes- parties should engage-in settle- does not affect our,state laar,; i terday dismissed Westlake's ment negotiations," McGuire remedies." request for bankruptcy protection, wrote. "Pyrrhic victories are not A spokesman for Ross Perot ruling that the town is not insol-- worthwhile for anyone." Jr.'s Hillwood Developmen t"._, vent and can afford to provide Westlake's contested mayor, Corp., one of four parties,seeking " services to its residents. 'Scott Bradley, said yesterday that dismissal of Westlake's request, Judge Robert McGuire of Dal- the town's Board of Aldermen called the decision "a major set- las also added a personal note on will consider an appeal of back"to Westlake. the cover letter of his ruling, McGuire's ruling. "This is a sad state of affairs directed to everyone involved in "My spirits are lower than a with the lawyers as the only win- the case. snake's belly, but tomorrow we (Mom on WESTLAKE on Page 17) • �F L again,"Bradley said. `' ` Westlake` Forshey said an attorney from the bank called him yesterday-to From Page 1 express concerns. There was no reason given," Forshey said."They said they state district court in Dallas.The Were feeling uneasy about the • deadline is Monday,he said. money being there" The bankruptcy case is just one of about a dozen lawsuits filed by various parties since the old Board of Aldermen and their appointed mayor,Dale White, voted to disannex Ross Perot Jr.'s Circle T Ranch,the Solana busi- ness complex and some of their own properties.Today,Westlake will appear before District Judge Bob McGrath in Fort Worth to seek a temporary injunction against Fort Worth's efforts to 1 annex the Circle T. In the meantime,Southlake has moved to annex Solana and Fort Worth has included Circle T in its extraterritorial jurisdiction. Last night,residents also ;voiced their disapproval of 1 'Southlake's settlement offer to ' :pay for Westlake's police,fire ' ;and emergency services.The • •Board of Aldermen said last week that it would not consider any offer that failed to include •returning Solana to Westlake. i In an unofficial vote last night,: urr all but one of the residents in the ; audience voted against the pro- posal.The one dissenter,an 87- year-old Westlake resident,said she wasn't sure about her vote because she liked the idea of emergency service from Southlake. Others rose to support their opposition. "Why would we discuss this, considering this is a ridiculous proposal?"said Carole Veardsell, a 12-year Westlake resident. The town should also fight the disannexations,she said. "There's no point in being mealy-mouthed and turning tail and running,"Veardsell said. In other action,the Board of Aldermen voted to open a town bank account with a bank other ' than Keller State Bank.Officials with the Keller-based bank have expressed concerns about the town and might freeze the town's assets again.Bradley said. Last month.Keller State Bank's Westlake branch froze the ' town's$109.468 in dyosits because of concerns about the • town's leadership.About a week later,McGuire granted an emer- _gency motion unfreezing the accoun.s. "We can't go through that L a • rrr NEWS CLIPPING • Source: ,S— 1/ -- , lialy471 Date: 121101 a =to p g. .,Westl a ke p - f N r ,just keep gig we'll wm,"Bradlef ,. BY SU3 a GII.L'VAADO _ i'1 « t . stare Staff h ' ` told the residenntsl``If we wani m see WESTI,AKE--With a strong'show of community blown apart, let's give-up ,' support from the town's residents, the now Board of Aldermen voted unanin}ously Bill Greenwood,chairman oftdt :It last night to appeal a U.S. bankruptcy ning and Zoning Commission, e judge's dismissal of Westlake's bid for heard from people throughout ` protection. Texas who have voiced support for West Dozens of residents who turned out for lake. "' last night's meeting heard a pep talk from "It would be a disappointment to peo-.F j contested Mayor Scott Bradley, who pie in the Metroplex if we stop now," •urged that they fight Judge Robert Greenwood said. McGuire's ruling and support continuing Robert Forshey,Westlake's bankruptcy ; litigation to reunite the town. attorney, said he will file the appeal in;1 I `"This is a marathon we're on,and if we (Mom on WESTLAKE-on Page 8) - y '1 • E c Cr - c .ov, ''_ . c. 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V 1 + d 2: .E " u L r z; -1tp=.a� .� O .. .. `=^^�-.. r u ,...... . . Westlake Westlake is wasting the Donald Cantwell,a law profes- court's time," Southlake Council- sor at University of Texas at man David Harris said yesterday. Arlington, said that a temporary From Page 1 "If Westlake is as confident as restraining order is not legally they claim they are, then the fact binding unless the judge signs it. that we took action would not "If the judge did not sign the delayed any zoning procedures as bother them. The motion is order, then there's no injunction an "act of good faith" toward sophomoric." and there's no contempt of court," cGrath. Westlake's request for a tempo- Cantwell said. When McGrath recused him- rary restraining order was part of Westlake's lawsuit against lf, they said yesterday, they a lawsuit by the town against Southlake was one of six West- . lieved that they could legally Southlake. lake cases that McGrath was ove forward with the rezoning. Westlake officials said that the scheduled to hear before his "We were just taking care of loss of Solana, which provided recusal. usiness," Southlake Mayor Rick Westlake with 99 percent of its The cases dispute the actions tzcy said. tax revenue, would devastate the of four former Westlake aldermen In a July 30 memorandum town financially. who ousted Bradley, appointed kpinion, McGrath said he would . Westlake's motion for con- Dale White as mayor, then disan- krant Westlake a temporary tempt of court asks Davis to nexed 90 percent of the town, straining order to keep South- declare Southlake's actions void including Solana, Ross Perot Jr.'s ake from making zoning or other and requests monetary sanctions Circle T Ranch and some of their te cctions regarding Solana. to reimburse Westlake for filing own properties. r. After attorneys met, Southlake costs "to impress on Southlake After the disannexations, Fort fficials agreed not to act until that this is a serious issue," Isham Worth moved to put Circle T sdiction issues were resolved, said. Ranch into its extraterritorial ` e motion says. With that agree- Westlake Mayor Scott Bradley jurisdiction, Southlake moved to ent, the restraining order was said that Southlake should have annex Solana, and Roanoke t signed. waited for a court decision before received a parcel of Circle T north n Sept. 3, Southlake City rezoning the property. of Texas 170, as well as other Per- ?Council voted to rezone the $105 "I thought things were well on of-owned land. . rillion office complex. Southlake their way to repairing relations In a key decision last month, fficials argued that without a between the two cities, and this McGrath ruled that Bradley is temporary restraining order, they [rezoning] came like a shot in the mayor of Westlake and was never dad the right to take steps to bring dark,"he said. legally removed. The decision is SoLliin into compliance with their McGrath had no content yes- being appealed by attorneys for city ordinances. terday. White. A Y Ar ✓ NEWS CLIPPING Source: 1�It .� - Date: c: -� • Board votes to oversee Westlake officials asked that a Solana work Maguire representative attend last night's meeting,but none did. BY SUSAN GILL VARDON Southlake City Manager Curtis Star-Telegram Staff Writer Hawk said last night that Maguire WESTLAKE—The Board of Partners got permits from South- Aldermen voted unanimously last lake for the work. night to authorize the town attor- "They are in Southlake, and ney to "take any means neces- . they filed their procedures and sary" to ensure that no construe- r received the approval from Able tion or other work is done at the Southlake," Hawk said. "Every-. Solana office complex without thing they've done, they've fol- the town's approval. lowed the proper procedures." The vote was in response to t Southlake and Westlake are the news that Maguire Partners, fighting in court to determine in owners of Solana, started work which city Solana resides. After on three projects at Solana with- " the former Westlake Board of. out getting permits from West- 1 Aldermen disannexed Solana, the lake,aldermen said. . Circle T and other properties, The company has added 85 Southlake moved to annex parking spaces and is doing ` Solana• •remodeling at two other locations • at the business complex, they said L Alderman Abe Bush said the -town's attorney would first talk to • officials at Maguire Partners to ask them to comply with the town's request to get permits for any work done. • .t I."But we'll take whatever means we have to correct the situ- ,ation,"Bush said. Sire r • NEWS CUPPING lour . _ Date: q(a)- Source: • Westlake plans budg411T BY SUSAN GILL WAIN • I . Staf Star-Telegram WESTLAKE—Residents today that can ge a look at a revised 1997-98 budgetwhich is more optimistic than the earlier draft, 1 �_ estimated the town would be almost lion in debt next year. • The amended budget adds $530,000 in m the Solana estimated sales tax revenue was lefto off a budget office complex that approved by the Board of Aldermen in July, r and it scales back money pegged for road and sewer repairs,officials said. as bal "We said, Lets try to prepare anCed a budget as possible,"' Mayor Scott Bradley said Friday. �� I� � Still, the new budget estimates that the in will be $106,123 the red by Oct 1, 1998,the end of the fiscal year. c hearing on V The board will haveap the budget ages at a meeting to begin at \I (More on WESTLA1 on Page 4) \ .. I ' • Westlake ler's office to determine which city "We're not appalled or ' ". should receive the sales tax money. Westlake is still getting the rreven -,u Failing that, she asked the comp- Hawk said "We were content to let.- From Page 1 troller's office to put the sales tax things slide.We did not annex Solana_4 r money into an escrow account until because we coveted the revenue."• the legal issues are resolved. The amended Westlake budgete-_;:-, 7:30 tonight at Solana. Craig declined both requests. He estimates that the town will have-• The July budget, approved the said in a Sept. 10 letter that the state $678,800 in total revenue and night before a federal bankruptcy cannot put sales tax receipts in $784,923 in expenses, including hearing for the town, showed that escrow and that the tax code "con- $496,860 for attorneys fees. - Westlake would be $942,234 in the tains no provisions for such an The town will spend$826,900 for- hole at the end of the fiscal year: unusual arrangement." road, water and sewer projects ' - When Westlake aldermen The letter also says,"I should note down from $1.2 million in the Jul approved that budget, they said that that Westlake has not submitted any budget But much of the money will Southlake was claiming Solana, ordinance or request concerning dis- come from reserves, not from the-- , which provides Westlake with 99 annexation of the area involved to day-to-day operating budget. percent of its tax base. this office." The town will have$1.42 million . The disannexation of Solana by Craig's statement proved a point available in TexPool investment the former Westlake Board of Alder- for Westlake,Bradley said money by Oct. 1, the new budget..r. men is being disputed in court. But "We don't see it the way South- states.The July budget estimated that last week,Richard Craig,an attorney lake does,"he said. "Theysay, for the state comptroller's office, 'It's the town would have$985,066. :-•:.-;- told [Solana] ours.'Our position is it has In other action today,the Board of Southlake officials that the Solana always been in Westlake, and they Aldermen and the Planning and Zon r_` sales tax money will continue to go have to prove that they wrested it ing Commission are scheduled-toy,to Westlake until the legal i resolved issues are from us." have a joint workshop on the Utrifi�"`_ Southlake City Manager Curtis Development Code. The code deter- Craig was responding to an Aug. Hawk said Friday that when the state pines building, development and r- 29 letter from Betsy Elam, a South- made it clear that an escrow was Engineering standards for the town; - Blakey it attorney, who said that the impossible, city officials resolved to i Staff writer Marisa Taylor . had adopted an ordinance annex- let the matter be settled in court. i contributed to this report. " `�'` ing Solana. She asked the comptrol- s i ,.7 _ City of Southlake Chamber of Commerce Report — P DUthfak- Date: June 11, 1998 Presented To: Chamber of Commerce Board Prepared By: Economic Development Staff- Greg Last, Kate Barlow Following are selected items of interest related to economic development in the City of Southlake. RECENT DEVELOPMENT APPROVALS • May 21. 1998: Council approved the Site Plan for the Miron Addition (Block 2, Lot 5R) at the south side of East Southlake Boulevard, west of Southlake Executive Suites. • June 2. 1998: Council approved the rezoning for 22 acres of SF1-A for Longwood Addition at and near the east side of the intersection of Plantation Drive and North Peytonville Avenue. • June 2. 1998: Council approved the Site Plan for The Roomstore within Village Center. • June 2. 1998: Council approved the Site Plan for Safeco Office Building at the north side of West Southlake Boulevard, west of Bank United. DEVELOPMENT UPDATES • As a reminder, Brumlow Avenue is under reconstruction and will be closed to through traffic through August 1998. • Staff will be working with TxDOT on preparing plans for the Carroll Avenue overpass bridge that will accommodate the recommendation of the Trail System Master Plan. REGULATORY ISSUES • Impervious Coverage and Residential Adjacency Ordinances: The workgroup is continuing to hold discussions on these two ordinances. The next work group meeting is tentatively scheduled for Wednesday, June 24, 1998, from 5:30 pm to 7:30 p.m. in the Administrative Conference Room at 1725 E. Southlake Blvd; watch for official posting if this meeting is definitely scheduled. Staff Contact: Karen Gandy, Zoning Administrator, 481-5581, ext. 743. • Sexually Oriented Business Ordinance: Staff is continuing to complete the required study which will accompany these ordinance revisions. Staff contact: Karen Gandy. Zoning Administrator, 481-5581, ext. 743. C Chamber of Commerce Report June 10, 1998 Page 1 i • SignOrdinance Update: The Work rou ,composed of Mayor Stacy,P&Z Chairman Creighton, P g P P Y 5 � Ex-councilmenber Muller, and staff members, has held four meetings to date to discuss recommended changes. As a result of these meetings, certain sign prohibitions have been proposed. new sign regulations have been recommended, and existing regulations may be modified. We anticipate placing this item on the Council's agenda in the coming weeks for discussion and direction to forward the amendment to the Planning and Zoning Commission for review and consideration. Staff contact: Stefanie Sarakaitis, Comprehensive Planner, 481-5581, ext. 753. STAFF PROJECT UPDATES • Traffic Count Report: Using the feedback from commercial developers as to the preferred count locations, together with those needed for capital improvement programming and other city planning purposes, staff has engaged Quality Counts of Richardson, Texas, to gather data for 57 locations throughout the city. It is anticipated that the data will be submitted to staff on or around June 22, at which point staff will compile the data into an easy-to-read report format. It is also anticipated that this traffic count report will be prepared on an annual basis from this point forward,assisting in traffic trend analysis during Southiake's critical growth period. Staff Contact: Chris Carpenter, Senior Comprehensive Planner, 481-5581, ext. 866. • Commercial Development Roundtable: On Friday, May 15, staff hosted a roundtable attended (iire by 19 members of the development community, three Councilmembers (Mayor Stacy, Scott Martin, and Ronnie Kendall), and two Planning and Zoning Commissioners (Jim Murphy and Ann Creighton). Topics included: updates on proposed, under revision and recently approved ordinances; update on public works projects; master planning issues; and other economic development related projects in process or under consideration. In particular, the traffic count study in progress was well received. Participants discussed undertaking a demographic study of Southlake and the surrounding areas,and Councilmember Kendall advocated conducting a citizen survey to identify the types of businesses desired by Southlake residents. Staff will work with members of the development community who volunteered to study a demographic analysis and a citizen survey. Kate will prepare a list of staff who are involved in the numerous aspects of development including representatives from Public Works, Public Safety, and Community Development. INTERESTING DATA • Residential Permits: 56 issued in May; Average Permit Value for 1998 is $263,000. • Commercial Permits: 11 permits issued in May including 2,800 SF at 540 Commerce St. (Commerce Business Park); and 10 permits for Shurgard Storage Centers at 2855 E. Southlake Boulevard. • General Fund Sales Tax Revenues: April '98 collections totaled$215,299; Fiscal Year to date up 37.3%. Chamber of Commerce Report June 10, 1998 Page 2 i L, • MonthlyFact Column: Attached is the May1998 Office of Economic Development Monthly P Fact Column distributed to area media. In particular, The Dallas Morning News has been receptive to this information and various statistical charts. • Planning and Zoning Commission Appointments: New Commission members are C.D. Peebles, Mike Sandlin, and Keith Shankland. Ann Creighton is the new Chairman. FUTURE EVENTS • Tree City USA: Southlake has been named a Tree City USA by the Texas Forest Service. A ceremony will be held,Tuesday,June 23,at 10:00 a.m. at the Senior Activity Center in honor of this occasion. • Southlake Town Square Update Meeting: SPIN (Southlake Program for the Involvement of Neighborhoods) will host a city-wide public information meeting on the development progress of Southlake Town Square and Town Hall on June 22, 1998, at 7:00 p.m. in the Carroll High School Auditorium. • June Retreat: Council and staff will be holding the annual Budget Retreat on June 25 and 26. On Thursday, the retreat commences at 4:00 p.m. and concludes at 10:00 p.m. On Friday, a full day is scheduled, 8:00 a.m. to 5:00 p.m. • Texas Transportation Commission Visit: The Metroport 114 Partnership is planning to appear before the Texas Transportation Commission on Thursday, September 24. For further information contact Gary Fickes or Darcey Imm, Assistant to the City Manager. For further information contact: Community Development Department Phone: (817)481-5581 / Fax: (817) 488-9370 Greg Last, Community Development Director, ext. 744 Kate Barlow, Economic Development Specialist, ext. 776 Attachments: • May 1998 OED Monthly Fact Column Copies To: City Council Planning and Zoning Commission Curtis E. Hawk, City Manager L CY1\IOE,N'P.FILLY Ell AN Pm LEC1,c REP MIS lsl I-RYIO Chamber of Commerce Report June 10, 1998 Page 3 City of Southlake,Texas Office of Economic Development Monthly Fact Column Volume 5, May 1998 1. How has Southlake's unemployment rate changed over the past 5 years? Similar to Fort Worth-Arlington, Dallas, and the state of Texas, Southlake's unemployment rate has continued to decline over the past five years. The following chart illustrates unemployment rates for these four entities for the month of December during the past five years. Civilian Unemployment Rate December 1993-1997 Y as E.0 = 6A • 4.0 . 2.0 _• � 0.0 gr tvin 1'w MOS IYM Ivor .Southlake ♦FVKArt *Dabs $Texas Souree:Tecas Workforce Commission 2. What is Southlake's sales tax rate? As of April 1, 1998, Southlake sales tax rate is 8.25%. Of the total, 6.25% is sent to the state of Texas; 1.0% is applied to the city's general fund; 0.5% is applied to the Southlake Parks Development Corporation for developing Southlake's park system; and 0.5% to the Crime Control and Prevention District. C Office of Economic Development Monthly Fact Column Volume 5, May 1998 3. - Flow much sales tax is collected annually by the City of Southlake'? As commercial development in the city has grown in recent years, the city has experienced a noticeable increase in the amount of sales tax collected. The following chart illustrates the growth in Southlake's 1.0% General Fund city sales tax revenues over the past 8 fiscal years. General Fund City Sales Tax Revenues FY1990-FY1997 S23 $2.0 •' s bo 2 sos I ■ s "° I 1 1 ■ so.o T 1 1 1 1 1 1 I ■ •I ' .3 v •f x r Excludes Half-Cent Tax for Parks&Recreation Source:Cay of Southlake Finance Department (11110e 4. How has Southlake used sales tax revenues collected for parks development? The city began collecting the half cent parks development sales tax in May 1994. By the end of April 1998, the city has collected $3,096,477 through this sales tax. These revenues have been primarily used for three (3) specific uses to date: major expansion of Bicentennial Park (Phase I); construction of a joint use gymnasium in conjunction with Carroll Independent School District at Carroll Middle School; and the purchase of land within Bob Jones Park on North White Chapel Boulevard. As a note of interest, between January 1993 and January 1998, city owned public park acreage increased from 17 acres to 240 acres. 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Wa a Li b - 17 -7 mJQX WWU.FYX� Q I- �u. 0� 1 City of Southlake,Texas MEMORANDUM June 12, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization to advertise for bids for striping of Byron Nelson Parkway and Southridge Lakes Parkway and the widening of a 425 ft section of the southbound lanes of Byron Nelson Parkway immediately south of Northwood Trail Background A striping plan for Byron Nelson Parkway and Southridge Lakes Parkway has been designed and staff is prepared to advertise for bids. Due to the phasing of the development around Byron Nelson Pkwy, striping of the street has not been possible until now. Southridge Lakes Parkway is included in the bid as it is more cost effective to do both streets as part of one contract. Funding in the amount of$15,000 is provided in the CIP budget. The proposed striping will provide more distinguishable driving lanes along the four-lane portions of Byron Nelson Pkwy and Southridge Lakes Pkwy. This, in turn, would provide safer driving conditions on both streets. Currently, the divided section of Byron Nelson transitions to an undivided section south of Northwood Trail. Additionally, at this transition, there exists a curve in the roadway with a radius that apparently is not adequate for the speed motorists are traveling. The proposed pavement widening will provide a larger curve radius at the transition. The proposed widening will be funded from the current CIP budget at an approximate cost of $50,000. Recommendation Staff recommends Council authorize advertisement of bids for striping of Byron Nelson Pkwy and Southridge Lakes Pkwy. Please place this item on the June 16, 1998 Regular City Council Agenda for City Council review and consideration. BW/cre Attachment: Site Map 5A_1 1 LIK Areas Proposed to Receive Striping -� ,-,,,r ~ I ._ _ H IL_, _ —?f' — I -=' r = .�„ i _ c _ ', 1 :fly'ITT'•-r 1 _ L/y ,`7%I( , , f , � -17 , r, � t II G- /,I I I---i rAr I. L , , . ,__ ,. , ,„,___, „,--.----, t. L-„,„,,,,,,,,,,„,,,,,, .,,,,,:„., , , „,_„.. . _ „.„. . _,,„._ ,...„.._,, , , - ,,, __ , q , _ , ,i-p, ,_____, .___. , ,._. ,„__.,,, -,..L.-., ' u 1--. 1 1=q-, � I ,ti h ��� ti�7 "� } l ire' �� w �� A t1 =r I,'',�}_, _I i illy JY*p-G — r-i I r Xs. I �� rn'FaIr --IC r ��; C'T_`_i ^"' .,_ r.y I firrr� : L. _— ='� - /'r c, _ r f , J Li � l (2 t,,,,alf,` E ' ,----11---H 1 w Proposed Areas of Striping a 4 — ,' T� CityofSouthlake ..„ S» uthlak� 5A-2 City of South lake, Texas MEMORANDUM June 12, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to enter into a professional services agreement with Teague Nall and Perkins for the development of a concept plan for the Public Works Facility Background The FY 97-98 CIP budget provides $341,050 for improvements to the public works facility located on Continental Blvd. Planned improvements include paving parking areas and drives, roof and façade improvements to the existing structure, drainage improvements, and bufferyards. These improvements are part of the first phase of several required for the facility to comply with the City's minimum standards. These improvements are proposed to include screening for adjacent residential property. The proposal from Teague Nall and Perkins includes basic engineering services, surveying, preparation of a concept plan and a final plat to include a three-acre tract adjacent to the original property. Also included in the proposal are architectural services for the design of structural improvements to the existing building. The total cost of the proposal is $44,380. This appears to be a high percentage of the anticipated cost, but the amount provided in the CIP budget takes into account that most of the paving will be done by City employees, providing a savings in labor costs. The current zoning of I-1 is expected to stay in place. However, an SUP will be required for outside storage. Recommendation Staff recommends Council authorize the Mayor to enter into a professional services agreement with Teague Nall and Perkins for the development of a concept plan for the Public Works Facility in the amount of$44,380. Please place this item on the June 16, 1998 Regular City Council Agenda for City Council review and consideration. B /cre Attachment: Professional Services Proposal L 5B-1 ,TUN-11-1998 14:57 TEAGUE NALL AND PERKINS 8173362813 P.02/11 t�►►��l!���llJ TEAGUE NALL AND PERKINS tJl 1...� CONSULTING ENGINEERS June 11, 1998 Mr. Shawn Poe, Capital Projects Coordinator City of Southiake 667 North Carroll Avenue Southiake, Texas 76092 Re: Public Works Service Center Plat and Concept Plan Dear Shawn: We sincerely appreciate the opportunity to present this proposal for professional services to survey,plat and develop a concept plan (site master plan)for the Public Works Service Center. In order to deal with the uniqueness of this project, we are proposing a team approach utilizing architectural planning and service center design expertise. We are therefore teaming with Quorum Architects,Inc., in order to provide the City of Southiake the full range of experience and expertise we feel is needed for the project. The following items are also attached for your review: 1. Exhibit "A" Scope of Basic Engineering Services 2. Exhibit"B" Scope of Special Services Our proposed total fixed fee is $44,380 which breaks down as follows for the various disciplines: Basic Engineering Services (Exhibit"A") $ 7,600 Special Services (Exhibit"B"): Boundary, As-built and Tree Survey $ 6,930 Preparation of Final Plat $ 3,070 Architect's Services $26.780 Total $44,380 915 FLRRENCE STREET mama,TEXAS 75061 FORT WORM.TOGAS 76102 2001 W.WVWCa BLVD. (972)254-1768 (817)336-6773 METRO(2723 251-1627 FAX(8171 336-2813 FAX(9721 251-4348 5B-2 JUN-11-1998 14:57 TEAGUE NALL AND PERKINS 8173362813 P.03/11 (NW' We look forward to working with you and the City of Southlake. Please call once you have had a chance to review this proposal so we can discuss it. Sincerely, TEAGUE NALL AND PERKINS, INC. ir17/ r Mark R. Berry, P.E. MRB:kas xc: Chuck Ewing David Duman, AIA-Quorum Architects L Lire P:\PROP1985101slakeprnp.wpd 5B-3 JUN-11-1998 14:58 TEAGUE NALL AND PERKINS 8173362813 P.04/11 EXHIBIT A SCOPE OF BASIC ENGINEERING SERVICES FOR PUBLIC WORKS SERVICE CENTER The scope of work for BASIC engineering services involves conceptual design/layout of site improvements (preparation of a concept plan) Inclusive of the tasks listed below: I. GENERAL A. Design Meetings and Presentations 1. The Engineer will meet periodically with the Southlake staff to discuss the project. A total of 3 such meetings is included in the fee set forth. 2. Upon request, the Engineer will attend Planning and Zoning Commission meetings and City Council meetings and be prepared to present the project . A total of 3 such meetings is included in the fee set forth. B. Project Management, Administration and Coordination (kw 1. The Engineer will meet with other entitles on an as needed basis for the duration of the project design. 2. Supervision of Subconsultants The Engineer will establish a work program and schedule for each subconsultant at the beginning of the project. The Engineer will be responsible for the coordination, supervision, review and incorporation of work performed by subconsultants. C. Data Collection 1. The Engineer will collect, compile and evaluate existing data collected from the City of Southlake, or other entities that supply needed existing information for the conceptual design of the project. 2. A location map/schematic will be provided to the affected utility companies. These schematics will be used by the utility companies to show approximate locations of their facilities which are or may be affected by the project. 3. The Engineer will make every effort to obtain as-built, record and/or future plans City of Southlake A-1 58-4 JUN-11-1998 14:58 TEAGUE NALL AND PERKINS 8173362813 P.06/11 improvements for the site including possible detention/retention structures. 2. Drainage area maps will be prepared at a minimum scale of 1"=1,OOO', using available contour maps. Culverts will be located and sub-drainage areas determined. The runoff to each culvert will be calculated in accordance with City drainage criteria. 3. The Engineer will show the location of culverts, open ditch improvements and detention/retention structures in relation to the proposed site improvements on the concept plan. Computations will be prepared for culverts and ditches for the City's review. D. Conceptual Design of Utility Connections (Water and Sanitary Sewer) 1. The Engineer will show the location of proposed utility connections on the concept plan. E. Conceptual Quantities and Cost Estimate 1. Project quantities will be estimated from the conceptual design for various categories of work(utilities, paving, drainage, etc.). 2. The Engineer's conceptual opinion of probable construction costs will be prepared for all the improvements shown on the concept plan/site master plan using current unit cost data. F. Submit Concept Plan for Review 1. Submit required number of concept plans for City review. 2. Revise concept plan per City comments. G. Prepare and Hold a Public Meeting (if requested by the City) 1. Prepare displays/exhibits showing proposed site improvements.The purpose of the Public Meeting is to solicit public input for the project and familiarize citizens with the project. The dates and times of Public Meetings will be determined by the City. 2. Conduct the Public Meeting. The City shall provide meeting facilities and advertise/notify citizens. 3. Prepare a summary for the Public Meeting including all comments both verbal City of Southlake A-3 LW" 5B-6 JUN-11-1998 14:59 TEAGUE NALL AND PERKINS 8173362813 P.07/11 and written received at the meeting. 4. Deliver a summary of the Public Meeting and meeting minutes to the City. Ili. PREPARATION OF GRADING PLAN A. Grading Design 1. Prepare a detailed grading plan for site improvements recommended, including proposed parking lots, drives and building pads. 2. The grading plan shall show spot elevations for proposed top of pavement or top of curb elevations. 3. Provide 1' contours for existing and proposed site grading on the grading plan. (kr City of Southlake A-4 5B-7 • JUN-11-1998 14:59 TEAGUE NALL AND PERKINS 6173362813 P.08/11 Levi EXHIBIT B SCOPE OF SPECIAL SERVICES FOR PUBLIC WORKS SERVICE CENTER The scope of work for SPECIAL engineering services includes a boundary survey, tree survey,as-built survey,preparation of final plat and needs assessment. The scope of work for the special services are more generally described as follows: I. SURVEYING A. Boundary Survey 1. Property corners will be field located. 2. Lot lines shall be located using property corners and property research information. 3. The property boundary shall be calculated and shown on the plat and as-built survey. B. Tree Survey and As-Built Survey (111kre 1. Establish Survey Control Establish survey control for the service center site in North Central Texas Coordinates from City of Southlake geodetic monuments. 2. Benchmark Loop A benchmark circuit will be established, from the City's nearest vertical control point to establish an accurate benchmark on the service center site. The benchmark will be referenced and put in such a place so that it may be easily found for future use. Benchmarks shall be looped in accordance with good surveying practice prior to field surveys. All control leveling work will be performed using appropriate modified second order procedures with closed loops into the project vertical control. 3. Existing Streets and Driveways Existing streets, driveways and parking lots will be surveyed. Low points, high points and other unique features will be noted. Pavement surfacing will be City of Southlake B-I (kkim. 5B-8 ' JUN-11-1998 14:59 TEAGUE NALL AND PERKINS 8173362813 P.09/11 (Nor' determined by visual inspection only. 4. Existing Drainage Channels Existing drainage channels and swales will be located, profiled and cross- sectioned within the limits of the site. Low points, high points and any other unique features will be noted. 5. Existing Underground and/or Overhead Utilities Utility owner's will be contacted, on an as-needed basis and requested to assist in locating existing utilities identified on the site. Above ground features of existing utilities within the site will be field located, including elevations of sanitary and storm sewer manhole flowlines and water/gas valve stems. The location of utilities between above ground features will be determined from visual Inspection, utility records, and/or from locations determined by the respective utility companies. 6. Right-of-Way Right-of-way lines along the site will be located. This information will be included on the concept plan. 7. Existing Storm Sewers and Culverts The size of existing culverts will be measured and tied along with existing headwalls, channels and aprons. The size, length, and flowline elevation of existing storm sewers will be surveyed. Drainage areas contributing to the project or conveying water from the project will be determined through field investigations and available topographic mapping. 8. Tree Survey A tree survey shall be performed in accordance with, and meeting the requirements of Tree Preservation Ordinance No. 585-A. 9. Temporary Signs, Traffic Control, Flags, Safety Equipment, Etc. The Surveyor will exercise care in completing this surveying assignment by using traffic control devices, flags and safety equipment when necessary. City of Southlake B-2 58-9 • JLJN-11-1998 14:59 TEAGUE NALL AND PERKINS 8173362813 P.10/11 (hire C. Preparation of Final Plat 1. Prepare a final plat In accordance with City at Southlake requirements. 2. Submit required number of plat copies for review and subsequently for filing in City required format. II.ARCHITECT'S SERVICES A. Design Concept Conference 1. Meet with City officials to discuss potential hurdles associated with development including zoning, setbacks, land use, landscaping, etc. 2. Meet with the appropriate City staff to discuss priorities,growth,master planning elements such as circulation, access, location, fuel consumption, etc. B. Concept Plan Preparation 1. Analyze the existing and potential site constraints relative to the following: Public vs. Private access - Utilities Lie - Vehicular and equipment parking and circulation - Storage (open, covered, enclosed, etc.) - Landscaping Buffers - Ordinances - Phasing 2. Develop preliminary probable cost projections. 3. Review the final draft with the appropriate City department. C. Design of Building Renovations and Fencing Improvements per the Abbreviated Standard Form of Agreement Between Owner and Architect 1. Develop design and contract documents for a new facade for the facility to meet the requirements of current codes and ordinances. 2. Develop design and contract documents for the replacement of the existing facility roof. 3. Develop design and contract documents for an awning at the office entrance. City of Southlake B-3 L 5B-10 • JUN-11-1998 15:08 TEAGUE NALL AND PERKINS 8173362813 P.11/11 ( _. 4. Develop design and contract documents to bring the restrooms and entrance of the facility into compliance with State and Federal accessibility requirements. (ADA and TAS) 5. Develop a fence panel elevation which integrates the new building facade with the proposed fence. 6. The owner will assume some of the Contract Administration services such as review of pay requests; however, the architect will review submittals and make periodic site observations per the Standard Form of Agreement, (ire City of Southlake 13-4 TOTAL P.11 5B-11 City of Southlake,Texas (bre MEMORANDUM June 12, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for the design of road and sewer improvements to Pine Drive and Lilac Lane Background Reconstruction of Pine Dr. and Lilac Ln. was originally planned to occur during the current fiscal year but was rescheduled for FY 98-99. The engineering and design is budgeted for this year. The FY 97-98 CIP budget provides $18,768 for the design of the project and the FY 98-99 CIP budget provides $215,832 for construction. The proposal also includes the design of sewer improvements. Previous Council has expressed a desire to include sewer improvements with street improvements when possible. This is to prevent the replacement of new pavement should sanitary sewer be approved for installation at a later date. Upon request for authorization to advertise for bids for construction, Council will have the option of including sanitary sewer improvements along with road improvements. The attached proposal from Cheatham and Associates is in the amount of$44,465. Recommendation Staff recommends Council authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for the design of road and sewer improvements to Pine Dr. and Lilac Ln. Please place this item on the June 16, 1998 Regular City Council Agenda for City Council review and consideration. BW/cre Attachment: Professional Services Agreement Site Map L 5C-1 CHEATHAM AND ASSOCIATES May 22, 1998 Mr. Robert Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Proposal for Providing Professional Services in Connection with the Design of Street and Sewer System Improvements for Pine and Lilac Lane CONSULTANT'S UNDERSTANDING Currently Pine St. and Lilac Lane are extremely narrow streets which are in desperate need of repair. Since the area east of Lilac Lane has developed, a considerable amount of traffic now travels Lilac and Pine to access White Chapel and F.M. 1709. In addition, sanitary sewer service can now be provided to this area, since recent developments have extended sanitary sewer to this vicinity. Therefore, it is proposed that the existing roadways be widened to approximately 22-24 feet in width, and sanitary sewer be constructed in the right-of-way prior to the street construction. It is anticipated that a considerable amount of additional right-of-way will be required to facilitate the proposed improvements. The project will include the surveying, design, bidding, and contract administration of the proposed construction. SCOPE OF SERVICES 1.0 Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation, if required, will also be furnished. (See Item 3.2) ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Soul 5c-2 ;t Planning and Design, Inc. 1601 E. Lamar Blvd. • Su )0 • Arlington, Texas 76011 817/548-0696 • Metro 265-8836 •Fax 817/265-8532 Mr. Robert Whitehead P.E. May 22, 1998 `�..- City of Southlake Page 2 2.0 Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the streets and sewer lines. The design will be in accordance with applicable state and local regulations. 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice-to-proceed. 2.4 Periodic on-site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of certificate of completion. 3.0 Easements and Right-of-Way Documents 3.1 Our firm will conduct the search for deeds and conduct other research at the Tarrant County Courthouse necessary for the preparation of the required easements and R.O.W. documents. 3.2 We will then prepare the legal (metes & bounds) descriptions of the easements and R.O.W. with computer plotting. This work element also includes the ' surveying work necessary to prepare easements and R.O.W. documents, and to tie documents to the base line(s). 3.3 This element includes preparation of the final written easement and R.O.W. document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, nor participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish full-time on-site construction inspection, but will make periodic visits to the site, and will be available for plan interpretations. FEES We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as-built plans for a flat fee of$31,625.00 for engineering, $7,200.00 for surveying, including design surveys and construction staking, and $5,640.00 for easement and right-of-way documents. (See attachment"A" for cost breakdown.) sc-3 Mr. Robert Whitehead P.E. May 22, 1998 .�. City of Southlake Page 3 TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. GUARANTEE Cheatham& Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, f Eddie Cheatham, P.E. F:\WORD\PROPOSAL\SOUTHLAK\Pine&Lilac.wpd AUTHORIZATION TO PROCEED: Accepted this day of , 1998 By: Title: sc-4 ATTACHMENT "A" ENGINEERING/SURVEYING FEE CALCULATION: PRELIMINARY DESIGN PHASE: Field Crew $ 75.00 x 50 firs $ 3,750.00 Staff Engineer $ 75.00 x 80 firs $ 6,000.00 Cad Technician $ 55.00 x 75 firs $ 4,125.00 SUB-TOTAL $ 13,875.00 FINAL DESIGN PHASE: Staff Engineer $ 75.00 x 124 hrs $ 9,300.00 Cad Technician $ 55.00 x 140 hrs $ 7,700.00 SUB-TOTAL $ 17,000.00 CONSTRUCTION PHASE: Field Crew $ 75.00 x 46 hrs $ 3,450.00 Staff Engineer $ 75.00 x 60 firs $ 4,500.00 SUB-TOTAL $ 7,950.00 EASEMENTS/RIGHT-OF-WAY DOCUMENTS: Staff Engineer $ 75.00 x 40 firs $ 3,000.00 Cad Technician $ 55.00 x 48 firs $ 2,640.00 SUB-TOTAL $ 5,640.00 TOTAL SURVEYING $ 7,200.00 TOTAL ENGINEERING $ 31,625.00 TOTAL EASEMENTS/R.O W $ 5,640.00 TOTAL FEE $ 44,465.00 5C-5 • Proposed I mprovements to Pine Dr. and Lilac Ln . „__ __,,,, / ,•:,/,, y/ - ----„_______Ti__— ,/ . , )J i. - .. , „, , , , ._ -,,, /� „_.,. , i . ,....,, ,________./.___ I• / �/ ���I ( _ f i F.M. 1709 — //' _ \\ ,f__, �4 r „,__ //Q i \ ,,.i oc \ 7 ‘,., ,,, -----Lis 1 P-7/ \ 0 / „/ . r 1: E- VI i s Lilac Ln. - T ' - A✓ Proposed Improvements N I t� Ses •tom City of Southiake 5C-6 r City of Southlake,Texas MEMORANDUM June 12, 1998 I I TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for the design of water and sewer utilities relocation at Kimball Avenue and S.H. 114 Background As part of the proposed improvements to S.H. 114, the City agreed to relocate utilities existing within the ROW prior to construction. The attached proposal from Cheatham and Associates includes the design of water and sewer utilities relocations at Kimball Ave. and S.H. 114 to prepare for the construction of the Kimball Interchange. The proposal from Cheatham and Associates includes the surveying, design, bidding, and ihre contracting of the project. The proposed fee for the design of this project is $35,450. This will be the second phase of utility relocations for the proposed widening of S.H. 114. A total of $269,600 has been allocated in the FY 1997-98 CIP budget for utility relocations necessary to prepare for the S.H. 114 project. Recommendation Staff recommends Council authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for the design of water and sewer utility relocations at Kimball Ave. and S.H. 114. Please place this item on the June 16, 1998 Regular City Council Agenda for City Council review and consideration. 6?-6/ ' ' BW/cre Attachment: Professional Services Agreement Site Map SD-1 CHEATHAM AND ASSOCIATES May 22, 1998 Mr. Robert Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Proposal for Providing Professional Services in Connection with the Design of Water and Sewer System Improvements Consisting of Relocation of the Water and Sewer Lines along the North and South Sides of S.H. 114 at Kimball Ave. CONSULTANT'S UNDERSTANDING As you are aware, the Highway Department is proposing a grade separation interchange at S.H. 114 and Kimball Ave. Therefore, it will be necessary to relocate several sections of the existing water and sewer lines in the vicinity of Kimball Ave. and S.H. 114. It is proposed that a new 12" water line will be required on both sides of future S.H. 114, east of Kimball Ave. The line on the north side of S.H. 114 will extend eastward to serve the City of Southlake's portion of Grapevine Plaza. The line on the south side of S.H. 114 will extend east and curve south to connect with the 12" line in F.M. 1709 (Southlake Blvd.) It is also proposed that a 12" line will be required on the north side of S.H. 114, and extend west to serve the Briarwood Heights Addition. It may be necessary to relocate a portion of the existing sanitary sewer line, which extends from Wal-Mart north to the Mesco Facility. This will be determined after an analysis is made of the location of the sewer line compared to the proposed S.H. 114 expansion. The project will include the surveying, design, bidding and contract administration of the proposed construction. SCOPE OF SERVICES 1.0 Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation, if required, will also be furnished. (See Item 3.2) ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southv 5D-2 'lanning and Design, Inc. 1601 E. Lamar Blvd. • Suite Arlington,Texas 76011 817/548-0696 • Metro 265-8836 •Fax 817/265-8532 Mr. Robert Whitehead, P.E. May 22, 1998 `�.._ City of Southlake Page 2 2.0 Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the water and sewer lines. The design will be in accordance with applicable state and local regulations. 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice-to-proceed. 2.4 Periodic on-site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of certificate of completion. 3.0 Easements 3.1 Our firm will conduct the search for deeds and conduct other research at the Tarrant County Courthouse necessary for the preparation of the required easements. 3.2 We will then prepare the legal (metes &bounds)descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base line(s). 3.3 This element includes preparation of the final written easement document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, nor participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish full-time on-site construction inspection, but will make periodic visits to the site, and will be available for plan interpretations. FEES We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering,preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as-built plans for a flat fee of$29,000.00 for engineering, $6,450.00 for surveying, including design surveys and construction staking and $6,900.00 for easement documents. (See attachment"A" for cost breakdown.) 5D-3 Mr. Robert Whitehead, P.E. May 22, 1998 ..� City of Southlake Page 3 TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, Eddie Cheatham, P.E. F:\WORD\PROPOSAL\SOUTHLAK\Water&Sewer relocation.wpd AUTHORIZATION TO PROCEED: Accepted this day of , 1998 By: Title: 5D-4 ATTACHMENT "A" ENGINEERING/SURVEYING FEE CALCULATION: PRELIMINARY DESIGN PHASE: Field Crew $ 75.00 x 40 hrs $ 3,000.00 Staff Engineer $ 75.00 x 80 hrs $ 6,000.00 Cad Technician $ 55.00 x 70 hrs $ 3,850.00 SUB-TOTAL $ 12,850.00 FINAL DESIGN PHASE: Staff Engineer $ 75.00 x 120 hrs $ 9,000.00 Cad Technician $ 55.00 x 130 hrs $ 7,150.00 SUB-TOTAL $ 16,150.00 CONSTRUCTION PHASE: Field Crew $75.00 x 46 hrs $ 3,450.00 Staff Engineer $ 75.00 x 40 hrs $ 3,000.00 SUB-TOTAL $ 6,450.00 EASEMENT DOCUMENTS: Staff Engineer $75.00 x 48 hrs $ 3,600.00 Cad Technician $ 55.00 x 60 hrs $ 3,300.00 SUB-TOTAL $ 6,900.00 TOTAL SURVEYING $ 6,450.00 TOTAL ENGINEERING $ 29,000.00 TOTAL EASEMENTS $ 6,900.00 TOTAL FEE $ 35,450.00 5D-5 J u n- 1 1-98 11 : 13A P.03 --I e.(/C' 1.1.11 .._>... / \\ . \ ‘,. — 7- L.- , li f --.../ i. , / i q- -s. i , -N. , ', , ,.... \.L.\ \--- ). < ci i— • ¢ -J '"'" V) c.. / \-\ ..- I —I Z 7/ . w •• z vie 4 em :- I-- i--, 0 / )'. m H — y 0 M I— ' ‘.1 .- V) < i I o • , i ... - „I* .. i ...., / i i j •-. 1 6:77.11 -' \ e.. 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Tv 11 : , ' . :g: : . • t.5 M'' :- - vri '• L__._ . .. ,0 • .. 1.‘;'S N1 A621.3113 al. , . .1 .. . ... . 0 N-- _..c , • ...... 5D-6 City of Southlake,Texas MEMORANDUM June 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Interim Parks and Recreation Director SUBJECT: Authorize the Mayor to enter into a contract with Texas Parks and Wildlife for grant assistance for Bob Jones Park As you know, the City was awarded a $500,000 matching grant from Texas Parks and Wildlife in September 1997 for assistance in construction of Bob Jones Park. Prior to entering into a contract agreement for the project, the City needed to provide certain documentation. The City of Southlake has completed the requirements necessary to enter into a contract with Texas Parks and Wildlife for grant assistance. Those requirements were: 1) Cultural resource survey and clearance from the Texas Historical Commission. 2) Executed lease (including metes and bounds description) with U.S. Army Corps of Engineers. 3) 404 permit or clearance from Corps of Engineers for the fishing pier. 4) Site plan/boundary map with metes and bounds of entire project. Texas Parks and Wildlife Recreation grants branch is still reviewing our documentation, but expected to send a contract late Friday, June 12. They have provided a "generic" contract for our review and a copy has been sent to the City Attorney for their review. Once we have entered into the contract, we will be eligible to receive reimbursement for those projects identified in the grant application. We request you place this item on the June 15 SPDC agenda and the June 16 City Council agenda for their consideration. Please contact me if you have any further questions KH Attachment: Contract documents for Texas Parks and Wildlife local park grant assistance L SE-( 0-11-98: 1O:O5AM;r.r PARKS ;512 707 2742 • 2/ 3 Dole Re: Project Number- Dear On ,the Texas Parks and Wildfire Commission approved your grant proposal to be supported with Texas Recreation and Parks Ant Funds. Two copies of the following contract documents are enclosed for your sib: 1. Texas Recreation and Parks Account Agreement 2. Certificate of land Dedication for Park Use 3. General Provisions 4. Summary of Guidelines for won of Local Park Grant Assistance Projects Please sign all documents and return one copy of each document to the Department. Additional attachments include: • Instructions for Approved Projects Manual • Tabular Summary of Development Costs • Site Plan/Boundary Maps These documents should be retained with the eucuted contract documents in a permanent file. The following agencies should be contacted for appropriate clearances prior to construction: • Environmental Protection Agency(202/260-77860--NPDES General Permit for Stormwater Discharges from Construction Sites • Texas Historical Commission(Debra Beene, S12/463-5865)-Cultural Resources Survey Prior to proceeding with the project, the following should be forwarded to the Department for approval: 1. 2 (two) independent appraisals of the property to be acquired (or sponsor-owned land proposed as match) 2. Construction plans and specifications e-00-0a:10:O5AM:TX PARKS :5/2 707 2742 • 3/ 3 Quarterly sta+ms repots,in letter fit,with or without attachments,should be prodded every 90 days beginning with the TPWD Commission approval date noted above. Please address all correspondence to the Recreation grants Branch, and include the project name and number an al submissions. Questions should be referred to the appropriate staff member-noted in the Staff Directory in the 'mom for Approved Projects'booklet. If you would like to schedule an iadviduai pre-construction procedural meting, please call us at 512/912-7124. We look forward to working with you in providing pub&c recreational oppoctmiiia for your community. Sincerely, Tin Hogsett,Director Recreation Grants Branch Enclosures TH_ED:Ib cc: 5E-3 TEXAS PARKS AND WILDLIFE DEPARTMENT TEXAS RECREATION AND PARKS ACCOUNT AGREEMENT (Revised August 31, 1995) _,act Name and Number. Project Period: TPWD Approval Date to Total Project Cost: $ Approved State Funds: $ PROJECT DESCRIPTION (SCOPE): For and in consideration dthe mutual covenants and benefits hereof,the Texas Parks and Wildlife Department('Departmenr)and the"Sponsor"hereby contract with respect to the above described project as follows: 1. The Sponsor is obligated to adhere to all requirements established for the Texas Recreation and Parks Account Program including program guidelines set out at 31 TAC Sec.61.132-61.137. 2. No work on the project by the Sponsor shall commence until written notice to proceed has been received from the Department. 3. The Sponsor shall furnish the Department an annual report for a period of five years following the project completion providing to the satisfaction of the Department information regarding present and anticipated use and development of the project site. 4. The Sponsor shall install and maintain at the project site a permanent fund acknowledgment sign as prescribed by the Department. 5. All utilities at the project site shall be underground and approved by the Department. 6. The General Provisions dated September 1994 attached hereto are hereby made part of this agreement 7. The Summary of Guidefnes for Administration d Local Park Grant Assistance Projects dated September 1994 attached-hereto is hereby made part of this agreement. 8. The Agreement is effective upon execution by the Department. TEXAS PARKS AND WILDLIFE DEPARTMENT POLITICAL SUBDIVISION (SPONSOR) by by Tim Hogsett. Director. Recreation Grants Branch (Project Approval Date) (Date) (TRPA-Rev.8/95) e-12-98: 10:28AM;TX PARKS ;512 707 2742 i 3/ 8 TEXAS PARKS AND WILDLIFE DEPARTMENT CERTIFICATE OF LAND DEDICATION FOR PARK USg TEXAS RECREATION AND PARKS ACCOUNT PROGRAM This is to certify that a permanent record shall be kept in the public property records and be made available for public inspection to the effect that the property described in the scope of the project Agreement for , Project Number 50- , and the dated project boundary map made part of that Agreement, has been acquired or developed with Texas Recreation and Parks Account assistance and that it cannot be converted to other than public recreation use without the written approval of the Texas Parks and Wildlife Department. POLITICAL SUBDIVISION SIGNATURE (Type or Print Name and Title) Date (Rev. 8-95) SE —S 0-12-98: '0:2eAm;7x PARKS ;512 707 2742 * 6/ e GENERAL PROVISIONS TEXAS RECREATION i PARES ACCOUNT PROGRAM PROJECT AGREEMENT September 1994 Part I-Definitions A. The term 'Department' se used herein means the Texas Parks & Wildlife Department or any representative delegated authority to act on behalf of the Department. 8. The term 'Project' as used herein means a single project which is the subject of this project agreement. C. The term 'sponsor'as used herein means the political subdivision which is party to the project agreement. D. The term 'TRPA'as used herein means the Texas Recreation&Parks Account Program. E. The term'Prooedural Guide'as used herein means the Procedural Guide for the Texas Recreation&Parks Account Program. Part 11-Confirming Assurances The parties to the project agreement specifically recognize that the Texas Recreation&Parks Account assistance project creates an obligation to maintain the property described in the project agreement consistent with the Texas Recreation&Parks Account Procedural Guide, and the following requirements: A. The sponsor agrees that the property described in the project agreement and in the dated project boundary map made part of that'agreement is being acquired or developed with TRPA assistance, and that It shall not be converted to other than public recreation use but shall be maintained in pubic recreation in perpetuity or for the term of the lease in the case of leased property. B. The sponsor agrees that the benefit to be derived by the State of Texas from the fun compliance by the sponsor with the terms of this agreement is the preservation,protection.and the net increase in the quality of public recreation facilities and resources which are available to the people of the State,and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the Stets by way of assistance under the terms of this agreement. C. The sponsor agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by the Retention,Operation It Maintenance Responsibilities guidelines of the Procedural Guide. D. The sponsor agrees that a permanent record shah be kept end available for pubic inspection to the effect that the property described in the scope of the project agreement,end the dated project boundary map made part of that agreement,has been acquired or developed with TRPA assistance and that it cannot be converted to other than public recreation use. E. Nondiscrimination 1. The sponsor shall comply with the terms of this agreement in the preservation,protection,and the net increase in the quality of public recreation facilities and resources which are available to the people of the State, end such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of assistance under the terms of this agreement. 2. The sponsor shall comply with Tide VI of the Civil Rights Act of 1984, which in part, (a) prohibits discriminatory employment practices resulting in unequal treatment of persons who are or should be benefiting from the grant-sided facility. lb) prohibits discriminating against any person on the basis of residence. Part UI-Project Assurances A. Applicable Circulars The State shall comply with applicable regulations,policies,guidelines and requirements including State Uniform Grant and Contract Management Act of 1981 (Revised 2/22/901,Federal Office of Management and Budget Circulars A-102(Uniform administration requirements for grants-in-aid to State and Local governments),OMB A-87(Coat principles applicable to grants and contracts with State and Local governments),and TRACS(Texas Review and Comment System)as they relate to the application, acceptance and use of State funds for grant assisted projects. It is the responsibility of the grant sponsor to have an A-128 Single Audit done annually for the project. When the sponsor receives $25,000.00 or more in grant reimbursement per fiscal year. A copy of this audit will be furnished the Department within 30 days after completion of the sponsor's fiscal year audit. (Page 1 of 4) e-12-9a: lo:2eAM:7z aARKs ;512 707 2742 as d/ s • B. Project Application 1. The Application for State Assistance bearing the sass project number as the agreement and associated doe:talents is by this reference sods a pert of the agreement. 2. The sponsor possesses legal authority to apply for the grant and to finance and construct the proposed facilities. A resolution, or siaatlar action has been duly adopted or pissed authorizing the filing of the application, including all understandings and assurances contained therein, end directing and authorizing the person identified as the official representative of the sponsor to act in connection with the application and to provide such additional Information es say be required. 3. The sponsor has the ability and intention to finance the non-State share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. C. Project Execution 1. The project period shall begin with the date of approval of the project agreement or the effective date of a weaver of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner, in which evert the project period shall end on the date of completion or termination. 2. The sponsor will cause work on the project to be commenced within a reasonable time after receipt of notification that finds have been approved and assure that the project will be prosecuted to completion with reasonable diligence. 3. The sponsor will require the facility to be designed to comply with the minima requirements for accessibility for the handicapped in conform nce with the Texas Architectural Barriers Act (Article 9102 - Texas Civil Statutes), end the Americana with Disabilities Act of 1990 (Pt 101-336). The sponsor will be responsible for conducting inspections to ensure campliance with these specifications by the contractor. 4. The sponger shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all federal, State, and local laws and regulations. 5. In the event the project covered by the project agreement carrot be completed in accordance with the plans and specifications for the project, the sponsor shalt bring the project to the point of recreational usefulness agreed upon by the sponsor and the Department. 6. The sponsor will provide for and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications. 7. The sponsor shall furnish quarterly progress status reports to the Department beginning with the date of Parks i Wildlife Commission approval. 8. The sponsor will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, end abatement of water pollution; Executive Order 11990, relating to the protection of wetlands; and the Flood Disaster Protection Act of 1973 (P.L. 93-234) 87 Stat. 975. 9. The sponsor wilt assist the Department in its compliance with the Texas Antiquities Code (Revised 9/1/87) by (a) consulting with the Texas Antiquities Committee on the conduct of investigations, as necessary, to identify properties listed in or eligible for listing as State Archeological Landmarks, end to notify the Department of the existence of any such properties, and by (b) complying with all requirements established by the Deportment to avoid or mitigate adverse effects upon such properties. D. Construction Contracted for by the sponsor shalt meet the following requirements: 1. Contracts for construction in excess of S15,000 shall be awarded through a process of eoaapetitive bidding involving formal advertising, with adequate purchase description, sealed bids, and public openings. Copies of all advertisements, bids and a copy of the contract shalt be provided the Deportment. Z. The sponsor shall inform all bidders on contracts for construction that TRPA funds are being used to assist in construction. 3. Written chance orders shall be issued for all necessary changes in the facility being constructed. Such change orders shall be submitted to the Department for review and, if approved, shall be made a pert of the project file and should be kept available for audit. 4. The sponsor shall incorporate, or cause to be Incarporated, into all construction contracts the following provisions: (Page 2 of 4) 6-12-98; 1O:26AM;TX DARKS :512 707 2742 0 7/ a During the performance of this contract, the contractor agrees as fellows: "(1) The contractor will not discriminate against any employee ar applicant for employment because of race, religion, color, gender, or national origin. The contractor will take affirmative action to ensure that s pticants are employed, and that employees ere treated during employment without regard to their race, religion, color, gender or national origin. "(2) The Contractor will, in ant solicitations or advertisearnts for a ployses placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for emplestment without regard to race, religion, color, sex, or national origin.n "(3) The contractor will sand to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246, as amended .(3 CFR 169 (1974), and shall post copies of notices in conspicuous places available to employees and applicants for employment.■ 14(4) The contractor will comply with all provisions of Executive Ceder No. 11246, es amended, and the rules, regulations, and relevant orders of the Secretary of Labr.■ 6(5) The contractor will furnish all information and reports rewired by Executive Order No. 11246, as emended, and by the rules, regulations, purulent order of the Secretary of Labor, or purt thereto, and wilt permit access to his books, records, and accounts by the contracting agency and the secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulation, end oiders." ■(6) In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of much rules, regulations, or orders, this contract may be cancelled, tenafnstad, or suspended in whole or in pert and the contractor may be declared ineligible for further government contracts in accordance with procedkres authorized in Executive Order lie. 11246, as emended, and such other sanctions may be imposed end remedies invoked as provided in Executive Order 11246, as emended, or by rule, regulations, or order of the Secretary of Labor, ores otherwise provided by law." ■(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contract wilt tab such action with respect to any subcontract or purchase order as the contracting agency may direct as seen of enforcing such provisions, including sanctions for noncompliance: oProvidad, however*, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor or/request the United States to enter into such litigation to protect the interests of the United States.' E. Conflict of Interests 1. No official or employee of the State or local government who is aphorized in his official capacity to negotiate, make, accept, or approve, or to take pert in such decisions regarding a contract or subcontract in connection with this project shall have any financial or other personal interest in any such contract. 2. No person performing services for the State or local government in connection with this project shall have a financial or other personal interest other than his employment or retention by the State or local goverment, in any contract of subcontract in connection with this project. No officer or employee of such interest is openly disclosed upon the public records of the State, and such officer, employee or person has not participated in the acquisition for or on behalf of the Participant. F. Project Costs Project Coats eligible for assistance shalt be determined upon the basis of the criteria set forth by the TRPA Grants Manual. G. Project Administration 1. The sponsor shalt promptly submit such reports and documentation as the Department may request. M. Retention and Custodial Requirements for Records 1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained for a period of three years after final payment; except the records shall be retained beyond the three-year period if audit findings have not been resolved. 2. The retention period starts from the date of the final expenditures report for the project. 3. Microfilm copies are authorized in lieu of original records. (Page 3 of 4) 8 e-12-9A: 10:26AM:Tx PARKS ;512 707 2742 et 8/ 8 4. The Deportment, State Comptroller of Pwbl is Accounts, State Auditors Office, or any of their dal y authorized representatives, shall hove access to any boots, documents, papers, and records of the sponsor which are pertinent to a specific project for the purpose of making audits, examination, excerpts and transcripts. I. Project Termination 1. The Deportment may temporarily suspend TRPA assistance under the project pending corrective action by the sponsor or pending a decision to terminate the grant by the Department. 2. The sponsor may unilaterally terminate the project at my time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or emended by the sponsor only by mutual agreement with the Deportment. 3. The Deportment say terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the sponsor has failed to comply with the condition of the grant. The Department wilt promptly notify the sponsorial writing of the determination and the reasons for termination, together with the effective date. Payments made to the sponsor or recoveries by the Deportment under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Department or sponsor may terminate grants in whole, or in part, at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portions to be terminated. The sponsor siastI not incur new abligetions for the terminated portion after the effective date, and shall cancel es many outtstanding obligations as possible. The Department may allow full credit to the sponsor for the State share of the non-cancelable obligations, properly incurred by the sponsor, pending written receipt of the determination and the reasons for termination, together with the effective date. Payments mode to the sponsor or recoveries by the Department under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 5. Termination either for cause or for convenience requires that the project In question be brought to a state of recreational usefulness agreed upon by the sponsor and the Department, or that all funds provided by the Department be returned. J. Noncompliance In the event that the sponsor does not comply with provisions as set forth in the grant contract agreement and procedural Guide regarding both active project compliance and compliance at previously assisted grant sites, the following actions an be taken: 1. The Deportment may withhold payment to the sponsor; 2. The Department say withhold action on pending projects proposed by the sponsor; 3. If the above actions do not achieve program compliance, the Department may involve the State Attorney General's Office, pursuant to Section 24 of the Parks i Wildlife Code. • • • * * • • • * • • I have reed the General Provisions andunderstand that the project sponsor which i represent will be responsible for compliance with the above condition as a result of the receipt of grant assistance from the Texas Recreation i Parts Account Program. It is also understood that the General Provisions are part of the grant contract agreement. Signature of Official Authorized in Resolution (Name and Title) (Date) (Page 4 of 4) 6-12-86: 10:26AM:TX PARKS :512 707 2742 • 1/ 6 TWA Grants Ilnsml Attadeaant 675.5A SUNPI AY OF altoELIILI ilISTlATION ' -... i ...• :.::.ayc September 1994 The Texas Parks & Wildlife Commission, by authority of Chapters 13 and 24 of the Parks & Wildlife Code, has adopted Guidelines for Administration of Local Park Grant Assistance Projects, to read as follows: Policy. It is the Commission's policy that the Department shall administer local projects in accord with the following guidelines, with interpretation of intent to be meda to provide the greatest rsmber of public recreational opportunities for citizens of Texas. In keeping with this policy, local projects will not be approved from both the Texas Recreation A Parks Account, and the Federal Land and Water Conservation Fund Program unless extraordinary circumstances dictate that high priority public needs will not be met without the full or partial funding of both program. 1. Local administrative costs shall not be considered as eligible local matching finds unless eiraamstances dictate that high priority public needs will not be met without the full or partial benefit of such in- kind contribution. 2. Approved projects shall be pursued in a timely manner by the sponsor, unless delays result from extraordinary circumstances beyond the sponsor's control. Failure to meet the following tins frame mr/ be grounds for the Department to initiate cancellation of the affected project in order to recce:rend reellocation of evailabte funds to other proietts or to deny rem:eats for additional grant finds for new project,: ACTIVITY TIME FRAME • Commission approval Begin 3-year project period • Pre-Contract Documentation Within 6 months after (404 and/or water Commission Commission approval Permits, Cultural Resources Survey and Clearance, ROW Abandorment, ♦` lease/joint-use agreement execution) • Grant Agreement Execution Within 6 months after Commission approval • Quarterly Status Reports Due every 90 days after coomisston approval • Appraisal Approval Within 6 months of grant agreement execution • Land Acquisition Within 9 months after appraisal approval • Construction Plan Submission Within 6 months of land acquisition for projects involving acquisition; or within 6 months of contract execution for development only projects • Periodic Reimbursement Billings Should be submitted every 90 days if possible (minimum $5,000 request) • Project Completion and Grant Within 3 years after Close-Out Commission approval (Page 1 of 2) 76 e-t2-98:10:2eAM:TX PARKS ;512 707 2742 • 2/ e Y of At1Rillt$TRATt011 SlIIOEL1ES (Cattirsmdi 3. Determination as to whether the Department will award new grant funds to applicants having either active perk grants or completed perk grants will be based on the following criteria: -- • All previously completed park grant projects must be in compliance with all the terms of the general Pry sii� of the contract agreement under which they received assistance end all applicable Lard Water Conservation Fund; Texas Local Park, Recreation & Open Space Furl; and Texas Recreation t Perks Account Program Guidelines; and • For active grants. all required project documentation (such as appraisals, construction plans and specifications, quarterly status reports and reimbursement recasts) mat be complete and have been received on schedule, if due; and • All active projects which are at least two years old must be reimbursed for a minima fifty percent of the approved grant amount; and • The total of approved grant funds which have not been reimbursed may not exceed Si million for all active grant projects. FAILURE TO MEET MOB OF THE ABOVE CRITERIA MAT BE GROIMIDS FOR DENYING MEW GRANT FUNDS. ASSESS:E3NT OF THE ABOVE CRITERIA IN CONJUNCTION WITH REQUESTS FOR MEW GRANTS WILL BE MADE ON JUNE 1 FOR APPLICATIONS RECEIVED FOR THE JANUARY 31 SUNIMISSION DEADLINE. AND ON DECEMBER 1 FOR APPLICATIONS RECEIVED FOR THE JULY 31 SUBMISSION DEADLINE. • Under extenuating circumstances Department staff my recommend new grant fund approval if a project sponsor has not met all of the above criteria. Grant award, however, may be contingent upon certain condition which will be specified in staff recommendations to the Parks and Wildlife Commission. • • * • • • • • I have reed the Summery of Guidelines for Administration of Local Park Grant Assistance Projects and understand that the project sponsor which I represent will be responsible for compliance with the above conditions as a result of the receipt of grant assistance from the Texas Recreation &Parks Accent. It is also understood that the Summery of Guidelines for Administration of Local Perk Grant Assistance Projects are part of the grant contract agreement. Signature of Official Authorised in Resolution Mame and Title Date (Page 2 of 2) 77 City of Southlake,Texas MEMORANDUM June 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Lauren Safranek, Director of Human Resources SUBJECT: Medicare Participation for Employees Employed Prior to April 1986 As you are aware, we have a small number of employees that do not participate in Medicare. Many years ago, the City exercised its option as a public sector employer and elected not to participate in Social Security. However in 1986 the Federal Government mandated that all employees hired after April 1, 1986 must participate in Medicare even if the entity did not participate in Social Security. For this reason, all of the City's employees hired after April 1986 participate in Medicare, but those hired before this date do not participate in Medicare. Accordingly, these same employees do not earn any credits towards eligibility for Medicare. Therefore, I have obtained information from the Employees Retirement System of Texas (ERS) concerning the City's options for participation in Medicare. The ERS has informed me that the City can choose to participate in Medicare for those employees hired before April 1986 that currently do not participate in Medicare. The application procedure for Medicare coverage includes: 1. Indicating the City's intentions by passing an appropriate enabling ordinance, resolution, or order, 2. setting aside funds to pay employer contributions, and 3. submitting an application to the Employees Retirement System of Texas. There are two (2) actions that may be taken by the employer to extend coverage: 1. Medicare may be extended to employees covered by a retirement system if the Employees Retirement System conducts a referendum and the majority of those members favor coverage. This is referred to as the "majority rule referendum." 2. The alternative action requires the Employees Retirement System of Texas to conduct a referendum of employees in positions covered by a retirement system, as in number one (1) above. Those voting for participation and all future employees in positions covered by the retirement system may then be covered Medicare. Those who voted against coverage are placed in a noncovered group and will be excluded from coverage. This is referred to as the "individual choice referendum." 5F- 1 Curtis E. Hawk, City Manager Medicare Participation for Employees Employed Prior to April 1986 Page 2 As stated above, the first part of this process is to pass enabling legislation that authorizes the City to enter into an agreement with ERS for Medicare participation. The resolution required for this is attached for the City Council's approval. This would authorize the City to conduct an individual choice referendum on Medicare coverage. Employees must receive written notification of the referendum at least 90 days prior to the referendum election. Therefore, affected employees will receive written notification of the referendum by June 23, 1998. This will allow the City to conduct a referendum in October 1998. The second step in this process is for the City to demonstrate that it has made a sufficient financial commitment to fund the employer's contribution for the next 12 month period. Therefore, the City must budget for this expense for FY 1999. The cost to the City for Medicare coverage is difficult to determine. With the individual choice referendum process, the cost would depend on the number of employees who choose to participate. Note that the City currently has 11 employees who were hired prior to April 1986. Cost to the City would be determined by the number of employees choosing to participate. The current Medicare rate is 2.9 % - 1.45 % contribution from employees and 1. 45 % contribution from the employer. If all 11 employees chose to participate, based on current salaries, the cost to the City would be approximately $6,430.00 annually ( this does not account for any overtime or step increases). Approving the resolution and demonstrating financial commitment will allow the City to then complete step three and submit an application to the ERS and conduct the necessary referendum under the supervision of the Employees Retirement System of Texas. A couple of other points of interest: • If an "individual choice" referendum is conducted, another referendum can be held for those employees who chose not to participate after two (2) years from the previous election. • Number of quarters needed for Medicare eligibility is 40 - same as Social Security. • The Social Security Amendments of 1983 prohibits an employer from withdrawing from Social Security or Medicare coverage once an agreement is executed. As stated above, attached is the necessary resolution for the City Council's consideration. Please place this on the Council agenda for June 16, 1998. If there are any questions, feel free to contact me. LDS 5F-a- City of Southlake,Texas RESOLUTION NO. 98-51 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE AUTHORIZING THE CITY MANAGER TO ENTER INTO ALL NECESSARY AGREEMENTS WITH THE EMPLOYEES RETIREMENT SYSTEM (ERS) TO EXTEND MEDICARE TO THE ELIGIBLE EMPLOYEES, THOSE HIRED BEFORE APRIL 1, 1986, OF THE CITY OF SOUTHLAKE BY HOLDING A REFERENDUM TO ACCEPT THIS BENEFIT FOR EACH INDIVIDUAL EMPLOYEE. WHEREAS, the City of Southlake has eleven (11) employees hired before April 1,1986 who do not participate in Medicare; and WHEREAS, the City chose not to cover it's employees hired prior to April 1,1986 when the new law came into effect, requiring Medicare coverage for new employees; and WHEREAS, coverage may be extended to employees hired prior to April 1,1986 by following specific steps as set by the Employee's Retirement System (ERS) of Texas; and WHEREAS, ERS must supervise and certify an employee referendum on this issue in which employees have 90 days' notice before the referendum. Employees will vote on the referendum by written ballot and once elected, are prohibited from withdrawing from Medicare; and (0.0, WHEREAS, contributions to Medicare include a 1.45 percent employee deduction and a 1.45 percent employer match for a total of 2.9 percent based on the current eligible employees' salaries; and WHEREAS, the City of Southlake estimates its costs to be $6,430.29 for the first fiscal year, and this amount is to be included in the fiscal year 1998 - 1999 budget; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That all matters stated in the preamble are true and correct and incorporated herein as if copied in their entirety. Section 2. That the City Manager is directed to work with the ERS to make all the necessary arrangements in order to complete and implement this benefit for the eligible employees. Section 3. That this resolution be in effect immediately upon its adoption. PASSED AND ADOPTED, this the day of , 1998. L 5F 3 Resolution No. Page 2 Mayor Rick Stacy ATTEST: City Secretary Ce APPROVED AS TO FORM: City Attorney L 5r4 City of Southlake,Texas 161 STAFF REPORT June 12, 1998 CASE NO: ZA 98-043 PROJECT: Resolution No. 98-49/Specific Use Permit/ Wal-Mart- outside storage of plants or other greenery STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 The city and the applicant request that this item be tabled until the City Council meeting on July 7, 1998. It is our understanding that a meeting has been arranged on June 23, 1998 with the district manager and store manager of WalMart and several members of the City Council. L:\COMDEV\WP-FILES\MEMO\98CASES\98-038PP.TBL L 5G - City of Southlake,Texas STAFF REPORT June 12, 1998 CASE NO: ZA 98-052 PROJECT: Ordinance No. 480-282 /First Reading/Zoning Change/Tract 6D.Thomas M. Hood Surveys Abstract No. 706 STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Attached is a letter from the applicant requesting that this item be tabled until the City Council meeting on July 21, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-052Z.TBL { � PI - tp „vier EBBY HALLIDAY 8174815590 06/12 '98 12:55 NO.558 01 Lir Morse Office 317.417.247-2650 12 Iunc 1998 CITY OF SOUTHLAKE 667 N CARROLL AV SOUTHLAKE,TX 76092 ATTN:KAREN DEAR KAREN THIS LETTER 1S IN REGARD TO MY ZONING CHANGE REQUEST#98052 ON PROPERTY LOCATED AT 1310 WHITE CHAPEL. AT THIS TIME I WOULD LIKE TO TABLE THIS REQUEST UNTIL THE CITY COUNCIL MEETING ON JULY 21 1998. YOURS SINCERELY L 2vaihe,4 RUSSELL O.X NER H - RECD •J U ' ? 2 1998 r s . City of Southlake, Texas MEMORANDUM June 12, 1998 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Contract with the Fort Worth Star-Telegram This item is on the agenda at the request of Councilmember Wayne Moffat in order for the City Council to consider changes to our contract with the Fort Worth Star-Telegram for publication of the City's legal notices. /sl / 719 -I . a City of Southiake,Texas c". RESOLUTION NO. 98-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TQ EXECUTE A CONTRACT WITH THE FORT WORTH STAR-TELEGRAM AS THE LEGAL PUBLICATION FOR THE CITY; PROVIDING AN EH ECTIVE DATE. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That the City Council hereby approves the Contract between the City of Southlake and the Fort Worth Star-Telegram, to be the official newspaper of the City of Southlake, in accordance with Section 12.05 of the City's Home Rule Charter. The contract is to be effective for a period beginning on March 1, 1998 and continuing through February 28, 1999. Section 2. That the City Council authorizes the City Manager to execute the contract. Section 3. That this resolution shall be in full force and effect from and after its passage by the Lir City Council. PASSED AND APPROVED THIS THE 3RD DAY OF MARCH, 1998. \of m_ Mayor Rick Stacy ATTFST: '%4c* sd+'�.� %tit ilA421441 andra L. LeGrand City Secretary L 7A - 2 v a , City of Southlake, Texas ,,,.. CONTRACT FOR OFFICIAL PUBLICATIONS STATE OF TEXAS } ' COUNTIES OF T ARRANT } AND DENTON This Contract, dated as of March 1, 1998, is made and entered into by and between the City of Southlake, Texas, (the "City") and the Fort Worth Star Telegram (the "Publisher"). WITNESSETH WHEREAS, in accordance with Section 12.05 of the City's Home Rule Charter, the City Council, as approved on March 1, 1998, has designed the Fort Worth Star-Teleg,.ram (the "Newspaper") to be the official newspaper of the City. Such newspaper being of general circulation in the City. NOW, THEREFORE, for and in consideration of the mutual covenants, promises the agreements herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and the Publisher do hereby agree as Le follows: I. That the City will cause to be published in the Newspaper any ordinances, notices, and other matters which are required to be published by the City's Charter, the ordinances of the City, or the Constitution or laws of the State of Texas. II. That the City and the Publisher hereby agree that the rates to be paid by the City for the City's official publication are as follows: Legal notices will be published in the daily or Saturday edition of the full circulation Star-Telegram at the rate of $.81 per agate line, per day. Legal notices to be published on Sunday will be $1.34 per agate line, per day. This compares to the regular rate of $5.24 per line, per day for legal notices. Non-legal ads, or legal notices not published in the classified section will be charged at the normal published rates. The Star- Telegram will publish employment and other display ads in the classified section of the Star- Telegram at a rate of$8.28 per agate line per day. This compares to the regular rate of$14.08 per line for Sunday employment ads. This special rate applies only if the Star-Telegram is chosen to publish legals for the City of Southlake. A maximum of two affidavits of publication will be furnished to the City of Southlake upon request, at no additional charge. Additional affidavits ar e available for $20.00 each. Ads are to be set in agate type unless requested otherwise. 7A -3' City of Southlake,Texas „,. Contract for Official Publications Fort Worth Star Telegram page two III. This contract may be modified or amended at any time upon the written approval by both the City and the Publisher. Any such amendment or modification shall be attached to and incorporated into this Contract. IV. This Contract shall be in full force and effect until the 28th day of February, 1999, or its earlier termination or cancellation by either the City or the Publisher upon thirty (30) days written notice to the other party. Written notice shall be deemed given upon a party hereto three (3) days following the deposit of such notice in the United States mail, postage prepaid and properly addressed to such party as follows: TO THE CITY: City Manager City of Southlake 1725 East Southlake Boulevard Southlake, Texas 76092 TO THE PUBLISHER: Director of Advertising Fort Worth Star-Telegram 400 West Seventh Street Fort Worth, Texas 76102 V. That the persons affixing their signature on behalf of the City and the Publisher are duly authorized and empowered to execute this contract. CITY OUTHLAI E X S Curtis . awk City Manager A • City of Southlake,Texas • STAFF REPORT June 12, 1998 CASE NO: ZA 98-04.0 PROJECT: Ordinance No. 480-280/Second Reading/ Rezoning and Concept Plan/Pine Meadow Estates STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as being approximately 8.404 acres situated in the Samuel Freeman Survey,Abstract No. 525 and being Tract 5A1. LOCATION: Southeast corner of the intersection of Shady Lane and North Kimball Avenue. OWNER: Virginia L. Yeargain APPLICANT: K.S.L., Ltd. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Fourteen(14) RESPONSES: Three (3) responses were received within the 200' notification area: • Hazel Miller, 5213 McQuade Street, Fort Worth, Texas, in favor of. (Received 5/18/98) • Molly Stegall, 890 North Kimball Avenue, Southlake, Texas, opposed. "Traffic on North Kimball is already very heavy. Seems like a lot of houses for the space." (Received 5/22/98) • Marianne McAllister, 1008 North Shady Lane, Southlake, Texas, opposed. See attached letter. "The lots will be substantially smaller than those in existence on both Shady Lane and the Patterson's property it will adjoin." (Received 5/26/98) One (1) response was received outside the 200' notification area: • Brian D. White, 2931 Mesa Verde Trail, Grapevine, Texas, in favor of. City of Southlake,Texas P&Z ACTION: May 21, 1998; Approved (6-0) subject to Concept Plan Review Summary No. 1,dated May 15, 1998, deleting Item#3 (35' building setback) and accepting the applicant's agreement regarding fencing. • COUNCIL ACTION: June 2, 1998; Approved(5-1) First Reading subject to Concept Plan Review Summary No. 2,dated May 29, 1998,with the understanding that the applicant will consider eliminating one lot from his revised plan. STAFF COMMENTS: The applicant has met all requirements listed in Concept Plan Review Summary No. 1, dated May 15, 1998, and Concept Plan Review Summary No. 2, dated May 29, 1998, with the exception of those in Concept Plan Review Summary No. 3, dated June 12, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-040ZC.WPD L 7 c2 _73.„% l i I Ir.__ ,,,,7 :TH - ‘ A h-- ,,,) -�ii ~ W /71..-- E IIc-----\\ I 1 \ ESS AIES \I-, `�, 1 Iix � S y , > Scale = 1 ":lOt . _ vi , ...„ f U 111 01 gOR'1 r NV re sr l l I 1 1 nacre l I ,1 I , j /7--- i, . (bow 1 v', 4iiIfydlF Ir '_ r[ dl \ \% -c., F/`� 1I I / erit18?* '. A. \/ '1 '1 : COU41 ( 1 , v i 7 EAsrEAST i i j • vim'` cs1.1 F► ------ ,. Cro" , ' f, IAA.ffE1D ,--_____i______ 1AN, r TRACT MAP _ ! 1 1� I I— 1 ! I r--_L. ay. • 11 14 15 16 17 18 19 jj4 21 22ill N,7,,./ .1 e11111 - . - TR 2A3 li 12 11 0 8 7 6,- A 93 4 AC i P , 1 CRIPPLE CREEK TR Iti* u • I 15 16 17 18 19 20 21 nos 1 . It !l 13 12 11 10 9 8 MSS 2900 II 14 21 MESA VERDE TR 22 . i : .1 TI 1 I GRAPEVINE CITY LIMITS 29 28 27 26 25 24 - 23 Iemmme ite - -,-- ter Mr. so — am01. L-- _ __ _. _ . _____. . _ • � S. MCMANUS SHADY LANE • , . .+ 9 NN TR 5D2C • TR 2C ( `` N S 5.49 AC � .y1Ty M. CHICK 1 i TR 5D2 . I ,' y 7.553 "SF-1 A�� ANNATR 5D2A H. MILLER J. MOYER AG t TR 5D2B 1(111.f E F. RECORD'-- '• TR 5D2B1 .-- 'NR-PUD" I M. MCALLISTER WESTERRA SOUTHLAKE LP. • - TR 503 R 2A4 1.5 AC M. STEGALL I C. PATTERSON J. WRIGHT . 1� i 01r OI� TRANSPORT TR 504 { TR 5E1 WORKERS , L. SHERWOOD i / UNION #513 * - ) ��O-1 I / J` TR 5A2 TR 50 8 AC .77 AC f ,‹. •1-•�.—� TR 2B "AG" 1 1.6 AC •-\__,• TR 501A —' 2.07 AC r . \ •\ .\\._._.) (1111re .--- . i--� ADJACENT OWNERS - TR 5C16 TR1. 15 AC 3. AND ZONING _ TR 3 i AC 7 --11 I 6.411 AC Re: P&Z Meeting, 5/21/1998 mailbox:/C%7C/Program%20Files/Nets...gw006.irngtx.tel.gte.com&number-37 • Subject: Re: P&Z Meeting, 5/21/1 C frn ro '— eN - Date: Thu, 21 May 98 13• . CDT Ls, From: "Marianne M ister" <marianne.mcallister@telops.gte.com> To: <cewings@ci.southlake.tx.us>, <ke14192@gte.net>, <tward2481@aol.com> P&Z Commission, Remarks/Observations for May 21 meeting: I wish to register my objections to the proposed zoning/concept plan for Pine Meadow Estates (98-040) . >From the information provided, the lots will be substantially smaller than those in existence on both Shady Lane and the Patterson's property it will adjoin. We DO NOT want to duplicate Para Linda Estates. While in concept I have no major problem with a housing subdivision, I do have the following questions: 1) What will the dividing line consist of between the existing and proposed properties; 2) What is the proposed square footage for the proposed new homes; 3) What is the average values of the proposed new homes; 4) Where will the new properties tie on to the new sewer lines, Kimball or connect through the Shady Lane properties. If the Shady Lane properties, specifically where? Thanks! Marianne McAllister 1008 N. Shady Lane _ Southlake, TX 76092 H - 817/481-2300 RECD MAY 261998 L 1 of 1 7 8 ,5 5/22/98 2:57 PM • City of Southlake,Texas PLAN • CONCEPT Case No: ZA 98-040 ReviewREVIEW SUMMARY No: Three Date of Review: 6/12/98 Project Name: Concept Plan - Pine Meadows Estates. Being 8.404 acres out of the Freeman Survey, Abstract No. 525 APPLICANT: SURVEYOR: K.S.L.. Ltd T.L. Thompson 4835 LBJ Freeway. Suite 850 1400 W. Euless Blvd.. Suite 102 Dallas. Texas 75244 Euless. Texas 76040 Phone: (972) 385-3310 Phone: (817)267-9269 Fax: (817)424-0884 Fax: (817) 571-7959 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 0/09/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT. 862. 1. A 35' building setback line is required on both street frontages for a corner lot. The Planning and Zoning Commission and City Council can allow a reduction to a 15' building line along a sideyard adjacent to a street for"Back-to-Back"lots. The applicant requests a 25' building line along the side yard adjacent to Kimball Avenue for the following"Back-to-Back lots: Lots 4,5,and 13. (P&ZAction 5/21/98:Allow reduction of building line to 25'along Kimball.) 2. Provide a subdivision name not similar to any other subdivision or street within Southlake. 3. The following changes are needed with regard to adjacent properties within 200'to include properties across any adjacent right-of-way: a. Hanna property, L.U.D. =Medium Density Residential, Zoning=Ag. b. Linda Hilliard Carter property, L.U.D. =Mixed Use c. Timarron Corp. Property,L.U.D. =Mixed Use,Zoning=NR-PUD 4. The 6' brick wall must be placed outside of the sight triangles as required by the Subdivision Ordinance at all street corners. 5. Remove the `Sanitary Sewer& Water"line information from the Concept Plan. 6. The sidewalks should extend to the existing and/or proposed pavement of Kimball Avenue and should be constructed to meet accessibility standards. P&ZACTION:: May 21, 1998;Approved(6-0)subject to Plat Review Summary No. 1, dated May 15, 1998, amended as noted above. * The applicant should evaluate the configuration of Lot 9 to insure there is adequate buildable area. 7B—b • City of Southlake,Texas •F * No lot within this addition shall be allowed driveway access onto Kimball Avenue. This review is based on the "SF-20A"District Regulations. * Denotes Informational Comment cc: K.S.L. Ltd Via FAX Above T.L. Thompson Via FAX Above Daniel M. Long,P.E. Virginia L. 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CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-280 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY 8.404 ACRES SITUATED IN THE SAMUEL FREEMAN SURVEY,ABSTRACT NO. 525 AND BEING TRACT 5A1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND (ire AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a (kw person or corporation having a proprietary interest in said property; and G:\ORD\ZONING\480.145 Page 1 1A-9 • WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City G:\ORD\ZONING\450.145 Page 2 7A -In of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and 1 amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately 8.404 acres situated in the Samuel Freeman Survey, Abstract No. 525 and being Tract 5A1, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "SF-20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance G:\ORD\ZONING\480.145 Page 3 shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR ATTEST: L G:\ORD\ZONING\480.145 Page 4 7g -la . . CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C Li G:\ORD\ZONING\480.l45 Page 5 78 -13 • EXHIBIT "A" The following descr!bed tract or parcel of land situated In the S. FREEMAN SURVEY, A-525, Tarrant County, Texas, and being the same tract as recorded on Page 69 of Volume 6484, In the Tarrant County, Deed Records and being more particularly described as follows' COMMENCING at the Southeast corner of the Parra Linda Estates, an addition to the city of Grapevine, Texas, recorded In vol. 388-152, pg. 67, Plat Records, Tarrant County, Texas; THENCE North 88 degrees 50 minutes 54 seconds West a distance of 93.97 feet] THENCE South 01 degrees 31 minutes 48 seconds West, at a distance of 481.03 feet; THENCE South 00 degrees 46 minutes 51 seconds West, a distance of 99.15 feet to the Point of Beginning of the herein described tract; (0," BEGINNING at a Found 1/2 inch steel rod at the Southeast corner of said tract as recorded on Page 69 of Volume 6484 In the Tarrant County Deed Records and being the Northeast corner of an 8.0. acre tract as conveyed to Cart Patterson by deed recorded on Page 83 of Volume 7568 in the Tarrant County Deed Records; THENCE West, at a distance of 617.5 feet a found 3/4 Inch pipe in the East line of Kimball Road, a total distance of 638.05 feet to a point in said Kimball Road; THENCE North 00 degrees 26 minutes 52 seconds East along the centerline of said Kimball Road a distance of 595.73 feet to a P.K. nail set; THENCE South 85 degrees 27 minutes 09 seconds East, a distance of 648.68 feet to an 'X' cut in concrete; THENCE South 01 degrees 31 minutes 48 seconds West, at ra 'distance. of 43.55 feet a fence post, continuing a total distance of 445.29 feet to a found 1/2 Inch steel rod; THENCE South 00 degrees 46 minutes 51 seconds West, a distance of 99.15 feet to the POINT ❑F BEGINNING, (hoe containing 8.404 acres or 366,073 square feet of land. G:\ORD\ZONI NG1480.145 Page 6 78 -14 EXHIBIT "B" [ II, ___-. --_ __ __-_ -__ ____ _____ _ 3f 1_,IZ � - ax 1 / // marr is " :# /� ' µoN i[ :!aa o w141 9 G o lig N • •v ti I ':-, , " :--7,:. // ... . ,, J S ;',',1 'z...V 8,3 n« a \mo 3 5. t // '`�[o / - g a 8 ,; j a - 'l ,, 13: ;:nt — , ,,, M�x 6Z'Sbb^�;C` r '.�'��rr. ."-' SI'66 1 0 r ir_ . , EPiB� '—— M:Bb,i> .IOS -P1.iS9�.00 rc:�7 c 7 4,' m r ? °I I, / ,' r,�r ' �n oho / — —� I N hob N W >,Nea ' ./ 6 1 '-'xa : — I Ili♦ �f l[ 166.1. •1 11 . ". IN.0a Y4 s I LA_ P 7 AD • Iq k ; '1 Lw Lw P = 0 ® 3 ' _ LPI���' o _ to '"I I ' -I VI �{ - (0 H-'o" '' I�� �m Noo -m o S '��. W i'=moo y 8 - $ oU✓e u • f: n N f v,Al ^ N Cg C- cg'O tl'>S--' C 'uj o �{ i; ;nest t ml I O L.— u> 4 } ",III�J �n 166.14 - 'V a ° ' 160D0 Y H e 4,11t, b� .IV-'-.I---' N N I' '.4 ' �a H ) -% C o -n« n4i N o 1 N w I Iit 16614 y) g.c:T \ Sii�' 'al 701 ZE o �i I `°�i i - �tgii ..—..—.. I I L.' i�j lti a-��-lC is 6u.prn° 52 '\f 1 ~ `eI,,,i N N n c Nill ' szks'• I) ,. Jr: �„ [ " .=oily 1,. r—V ` r' 't,1 1 L E009In _11 / L I , - — -- _ ---- • 6.IR-7,-r.: •©k' Ht4/30411- --CCE6S-- f-` 3,2S,92.00N _ _SL` . . . . i: ti r r_ _\_ ". (6.'21 , . F.: + rn , :I I \ .,_, I n 009 0,5 li H I fth U E /y :-. 3:"e tea; „, °"aa 2 0 «°3 : d 1 . •S1 cc .1; : :-`62 33: :5. :4:`: .::: A 0;6 a9 °hg" iy - L . 4-' - N o�' bo ��`^i �%moo R 4 ii 21 4.7 Si ba bra 2u«v "B.. b°Y ` ;431 ;.: / o ;X � e� Sam3 °sf «$13 Ray _ . ° 5 « r � I ^,, °5.g is ° "« i° iei mi _�^ H ? a;gWi Ya YO 7 ° .°.. aa yee€ • I I City of Southlake,Texas STAFF REPORT June 12, 1998 CASE NO: ZA 98-041 PROJECT: Preliminary Plat- Pine Meadow Estates STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat of Pine Meadow Estates on property legally described as being approximately 8.404 acres situated in the Samuel Freeman Survey, Abstract No. 525 and being Tract SA1. This plat proposes 14 residential lots. LOCATION: Southeast corner of the intersection of Shady Lane and North Kimball Avenue. OWNER: Virginia L. Yeargain APPLICANT: K.S.L., Ltd. CURRENT ZONING: "AG" Agricultural District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Fourteen (14) RESPONSES: Two (2) responses were received within the 200' notification area: • Hazel Miller, 5213 McQuade Street, Fort Worth, Texas, in favor of. (Received 5/18/98) • Molly Stegall, 890 North Kimball Avenue, Southlake, Texas, opposed. "Seems like a lot of houses for the space." (Received 5/22/98) One(1)response was received from outside the Southlake city limits from a property owner in Grapevine: • Rodney Boney, 2807 Roaring Springs, Grapevine, Texas, opposed. "1) Because of traffic that Kimball Road carries on it already. 2) Because of the other subdivision on Kimball is just now being built and added to Kimball which is a mess." (Received 5/18/98) L rIC City of Southiake,Texas P&Z ACTION: May 21, 1998;Approved(6-0)subject to Plat Review Summary No. 1, dated May 15, 1998, deleting Item #3 (35' building setback) and understanding that the applicant may change his sewer easement location. COUNCIL ACTION: June 2, 1998;Approved(6-0)applicant's request to table the item and to continue the Public Hearing to June 16, 1998. STAFF COMMENTS: The applicant has met all requirements listed in Plat Review Summary No. 1,dated May 15, 1998,and Plat Review Summary No. 2, dated May 29, 1998, with the exception of those in Plat Review Summary No. 3, dated June 12, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-041 PP.WPD (hire 7G � � , sco 1—.7.,,„ . 3-. 05> II---I ' , \ •Ns ) ,— i 11 1 . a t' i • . w -.011111111b._ ! 7 dm. ,r:-.. —7-1 — ..z \uppp.-- E :\ r birtii .10 I L--- M >-. 1 c \ \\ :L.--- U A I 4 MI , -re"C.\ z/d' ' ('\ \i • C) S Y• LL., / I / I 44144°- I I 1 CD Scale = 1 ":1 0 - rkokf-s , Er-----1 1 '.._•7 - t 1 NOCIIr°4 Itt-iii HALLNJ L ! I I1 ' - P • , , :-. 1 I I 1 i L4- , .p . ../.--Y k 5 1 r-•',_____i r---7 L ' 1 . ! COW N I-7T 7 1 1 os:ik foo 0314744._ L 0,4;ti., \ __. ,' ."-------- ---------7sa 7.----___ KO° / . E 0 ' ... -n' I I 1-1 1 1 ' . 1 EAsEmkua-1"1-1----_.-:---?„As-----'1'1 ,----- \ 1 'r---Y7'1•77. ,PP11-k AN, jou 1 i i , i i i \A 1. . ,\ . TRACT MAP ir-T---- ... • MI ic,- 3 , , , I I ..._i ( I I I / , 7' iLs9-11.1j--\- iiimmurallliC.L-7- i ___Ii_ „ ; 1 1 1 • :) 14 15 16 17 18 19 n 22 IV- O . I 27\ . , 21 L • I• p�' TR 2A3 I 13 12 11 8 7 6 5 3 '- 4 AC iI Pr6P ti 1 II CRIPPLE CREEK TR 10 n I 15 16 17 18 19 20� 21 ellialli 1 - - - - - - : 1 .. 11- - - - NOW lac' 14MESAYERDETR2 22 GRAPEVINE CITY LIMITS 29 23 M 11. / 28 27 26 25 24 - ` `= " �'_ 1=' C � ' entrow . ..mowit . ..m.. . ...ter. . . it. .. . - S. MCMANUS i SHADY LANE • - I `��` 9 TR 502C TR 2C S' 5.49 AC i • ``�L1/Ty . I .: ; "AG" �'. M. CHICK ,1 1 i TR 502 :. I- ,7.ss3 ; "SF-1 A" tBANNA H. MILLER TR 5D2A �� J. MOYER A I G TR 5D2B �_ F. RECORD'-- TR 50281 > "NR-PUD" I M. MCALLISTER WESTERRA SOUTHLAKE LP. . TR 503 TR 2A4 1.5 AC M. STEGALL I C. PATTERSON J. WRIGHT —1-_ � jON �l" TRANSPORT TR 5D4 i TR 5E1 WORKERS i L. SHERWOOD ) UNION #513 r- "�- 1 " I / TR 5A2 TR 50 j--`/ 8 AC .77 AC • V- TR 2B "AG" \ 1.6 AC I N__.. TR 501A --...._ 2.07 AC r-\ \ ,.....,„._.\ .\__.) ,------ L0' - •----\''`. ADJACENT OWNERS TR 5C1B T= / 1 . 15 AC 3. AND ZONING _ l--' TR 3 1 AC 1c -4 6.411 AC 0 • ` City of Southlake,Texas PLAT REVIEW SUMMARY Case No:ZA 98-041 Review No: Three Date of Review: 6/12/98 Project Name: Preliminary Plat- Pine Meadows Estates. being 8.404 acres out of the Freeman Survey, Abstract No 525 APPLICANT: SURVEYOR: K.S.L.. Ltc4 T.L. Thompson 4835 LBJ Freeway, Suite 850 1400 W. Euless Blvd.. Suite 102 Dallas.Texas 75244 Euless.Texas 76040 Phone:(972)385-3310 Phone: (817) 267-9269 Fax: ($17)424-0884 Fax: (817) 571-7959 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 6/09/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT. 862. I 1. A 35' building setback line is required on both street frontages for a corner lot. The Planning and Zoning Commission and City Council can allow a reduction to a 15' building line along a sideyard adjacent to a street for"Back-to-Back"lots. The applicant requests a 25'building line along the side yard adjacent to Kimball Avenue for the following"Back-to-Back lots:Lots 4,5,and 13. (P&ZAction 5/21/98:Allow reduction of building line to 25'along Kimball.) 2. Provide a subdivision name not similar to any other subdivision or street within Southlake. 3. Increase the 15' drainage and utility easement to 20' in the northeast area of the site, adjacent to the east line of Lot 1 and between Lots 8 & 9. 4. The following changes are needed with regard to adjacent properties within 200'to include properties across any adjacent right-of-way: a. Hanna property,L.U.D.=Medium Density Residential,Zoning=Ag. b. Linda Hilliard Carter property,L.U.D. =Mixed Use c. Timarron Corp. Property, L.U.D. =Mixed Use,Zoning=NR-PUD 5. Provide Utility Plan and Drainage Study consistent with the revised lot layout. 6. Provide easements for water,sewer and/or drainage in compliance with plans as approved by public works. 7. Verify the internal lot dimensions. There appear to be some discrepancies in the total between the internal lot dimensions shown and the exterior boundary dimensions. L:\cowsv\w .FILgs\R v\9!\9004IPP3.MPD Page 1 'IC • City of Southlake,Texas P&ZACTION.• May 21, 1998;Approved(6-0)subject to Plat Review Summary No. 1, dated May 15, 1998, amended as noted above, and understanding that the applicant may change his sewer easement location. * The applicant should evaluate the configuration of Lot 9 to insure there is adequate buildable area. * No lot within this addition shall be allowed driveway access onto Kimball Avenue. * Denotes Informational Comment cc: K.S.L. Ltd Via FAX Above T.L. Thompson Via FAX Above Daniel M. Long,P.E. Virginia L. 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V!ill C a 0 0M • : / Vl z • riv-g . . • - • - . . • 1 . lit 3.11 3 - --- --- -- Shdy ilant_\-.41,,All b .... ..... __ __=__ __ i pc d in CO 7 ..., L't trrai cn I I --• ' • a) , 2 „mu c, 5 „ - i . , ,, ..... . , --- / /_ _.. , - + . // , . „.3.,....: ,..., fic, ' , , , , ".., Itzi"A e I§ fiss CZ II / /, I t• 'i i 1 I I- / I CC ' I 11 II t / • I \ i• / r i I f — •-g. r\ // i Cr/ x 1 I i- .‘, \II __ __ v _1 od, 4....... 1 /1 as..21 1 i ‘ I I in \„- a- ‘ 0 1// / I/ 1. = ,. - I 1 < ' cp 4-1 .I .j. 47% 7 Ns\ I c . , 1 1 • • . 1 1 I 06. 4' • 1 1 x I 1 ( '1 ." t * ., s- cu . 1 3• VT 11 03 a 1 ao be I ..IC n. ta aid +sia.1.11; I - Ili It : II 1 (.)II • - • 0 I til ,....•1:1• L Lai.c SIGi ICI @li 1 \IN .(C •tiiFf — — II I 1 1 p • 3 1; 1 . II „,... 1 NI a I al( If 1 il ` 0, _ _ kaa I g I f 1 - illi gl Ik m I,. 1 (3.-.) 0) d t•E;.11 CS ai • csa‘ Z • I.s'l'' C cii..•a„ i .:' • I I 2 'I i cs avp15-12 Y' - .3 ,• %.....1 • RI •to I ..t 1 v # , .-•.1 S.titi - ‘`. il in ' zill - < 1 .a• 1 I I • - \ III 4. 1... sal A • — --t — — 7.211-'4 :- — 1 11 I -!-4"" -a - r 1,. a,--- ...... ' i 1 Di I 41 0 009 - (5-- ..% .N I 4' • l'• t % • jal..4-lc ) 3 (I. 2:1; 1 1 >4 •. x 33333 tit I ill I I I 1 ' +' "E z < 3 2• :3 • '. to LW •'" i la ce) .... settee / 333:2 / la 1 . . 0/ r 1 C''1 L • . • 4' ‘ r. City of Southlake,Texas STAFF REPORT June 12, 1998 CASE NO: ZA 98-045 PROJECT: Ordinance No. 480-281 /Second Reading/ Rezoning and Concept Plan/The Woods STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as The Woods, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3432, Plat Records, Tarrant County, Texas, and being approximately 17.083 acres. LOCATION: Southeast corner of the intersection of Florence Road and Pearson Lane. OWNER: V.T. Cross APPLICANT: Fred Joyce-Mary Myers Enterprises, Inc. CURRENT ZONING: "SF-1A" Single Family Residential District REQUESTED ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Twenty-two (22) RESPONSES: One (1) response was received within the 200' notification area: • B.H. Drake, 8220 Davis Boulevard, Fort Worth, Texas, in favor of. (Received 5/21/98) P&Z ACTION: May 21, 1998; Approved (6-0) subject to Concept Plan Review Summary No. 1, dated May 15, 1998, correcting the error on Lot 1, Block 2, acreage to be shown as 30,000 s.f.; and adjusting the common lot line of Lots 5 & 6, Block 2, to be common with the corner of Lots 17 & 18 of Vista Trails. COUNCIL ACTION: June 2, 1998; Approved(4-2) First Reading subject to Concept Plan Review Summary No. 2, dated May 29, 1998. L City of Southlake,Texas STAFF COMMENTS: The applicant has met all requirements listed in Concept Plan Review Summary No. 1, dated May 15, 1998, and Concept Plan Review Summary No. 2,dated May 29, 1998, with the exception of those in Concept Plan Review Summary No. 3, dated June 12, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-045ZC.WPD rib WESTLAKE CITY LIMIT (kw KELLER CITY LIMIT : .:2.. :1 L. I 7 I „ i5 2 i ...:1Rr- — :k 11 i r trim. .g , ___Lg 1 1 , _ - _ _ i 1 il� , i 2 � r, 111Wil 'VP L, 1 �i ii Er:.:-.... 1 F PAC IIltia III 1t- - MEP 10 ni gill*I � ' ' Pce . ■ !�: t% _ _ram° Y•= !"' ►�.. i FLORENCE miliitIM ELEFA. Ma scrPa I I :.p,.(ES ES1 I MOO t 1--- ------ I MOO AO' alm .- E. .. ;1011111111 •P L. iloiOnti -Mho' I '1111110. TRACT MAP . I �D -3 I c A, cn '�' I' w a W LL O ,tea �a wQ to zza I a G�� I' UJo C C I. H r7 '`� 4- M 4 M L • m i cc cc Abe 1 I Zix W 2CC CC -I Y s N < a °C Z za � Q Ma re) NrdI = to 1- • I Z a I O X I' cn re) CC W N W (NI N N N TW * I t CC Y H V] I, I N i d r� Lij N V 1' Z I a I I' 3 = I i g Q Q, o ,7 N I o CDot I I N � I I' 2 LI- et \ in Ii. z W 2 ) I Z 0 LSIA g I o n— Z JI Z ' N N a Z Z n `° UI . _ Q Z i �' a w W P W' W � 0 Z J J ‘ t ....) A' Ii Q, Q 7. I VIA A I le a ® - O � o a o I, 2 G.I� - CC .- in �+ i c� < ri tIl o o c%1 .- ___•-• C;2--A [ 0_ W N I L L. �. a N .- N PO V_ J )•� �+ Q? ' I 4411bw?--- - - - - 7 ► - - - - I �LLID 3:31YIxinoS - - - _ _ - _ - - -._. - - __ - - - ti 9.1 slum ALLIO WrtrrTST U., U ncq E---li 1 Q co f`' 'n CO aw CY, I = 11 .t.:i: # 'I s ° %I.. 1 I : .:#: ' }i L. -.�. . oe i zi:.: :Fi° iI 1 : 2 41 ‘Illse' : : .-..sE F: 1":1 ::-."•• I ii : 1 I I .; .,- : . . . :. z i:i - - . 3 nc F: . F _ : _ F' . _ is ix z: . :: • m : M 1 _• =s= is i . : 3 • F::: py .i =: : 1 : .51: .: a •ci 71 . _ i ='=i zL a F 1.8 F :: = :'e s_ f : 11: : z :a z 4 e' • i I :+ - 1:1 1 -- •aim - i; , I it 1 1 ix I! I I. I •F= :_ 2 - Y �•-_.:�; I £...,.*-:".*,�_I ;Fi II I i' I — __ ; _; i ja I I ' ::1:: _ J ELL153tlOf 1 ' _ a_ tl OSONIM I I 1 - 74 2 I i 0 L 1 .: 1... : : X: I1 _ i 3 ! — .d 7 z _ cc lNtll%USIA I •• 1� p• •_w u.o• IleI .1..Q !:~ y HI I:o R 1� I. I' „,a . Ji7� a�F m : Y I. 1 :a's!1__111,11.1 1,,0 _ F o3 O _/li ''....,,,,,.,,, iz .i a.. ——=3 ii1R olr ,w.• ' �: a° 1 =p1I... � 1,. CCa• li a \ - ::. _ el Y • I 3 • .. Y • , : is 1 Y_ „Y .i ! I e. sR x !L #_ �•1—''• 3NVl NOSvy3d;�--�2i.12 ..-r a=w=„•n..• 1 • 14 F j 'i7R 1 - s' Y8 . �f ti r. :i : 33 !' 1 :. 114 :i1 i �. L • 4�ii� ' gbI 11 : b • iil s'a • ID '� • • City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 98-045 Review No: Three Date of Review: 6/12/98 Project Name: Concept Plan-The Woods.being 17.083 acres out of the J.J. Freshour Survey. Abstract No. 521 APPLICANT: SURVEYOR: Fred Joyce - Mary Myers Enterprises. Inc. Goodwin&Marshall. Inc. 1017 W.D. Tate Avenue 6001 Bridge Street. Suite 100 Grapevine.Texas 76051 Fort Worth.Texas 76112 Phone: (817)481-3516 Phone: (817)429-4373 Fax: (817)481-4593 Fax: (817) 446-3116 Attn. Bo Trainer CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 6/10/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT. 862. P&ZACTION:• May 21, 1998;Approved(6-0)subject to Plat Review Summary No. 1, dated May 15, 1998, correcting the area of Lot 1, Block 2, to 30,000 square feet, minimum and adjusting the common lot line of Lot 5& 6, Block 2, to be common with the corner of Lot 17& 18 of Vista Trails. * The applicant has met all the requirements of previous reviews. * No lot within this addition shall be allowed driveway access onto Pearson Lane or Florence Road. * Any new primary structures constructed on Lots 1 through 12,Block 1,and Lot 1 & 15,Block 2,shall face London Dell Drive. * Denotes Informational comment cc: Fred Joyce-Mary Myers Enterprises, Inc. VIA FAX ABOVE Goodwin&Marshall, Inc. VIA FAX ABOVE L:\COMDEV\WP-FILES\REV\98\98045CP3.WPD • III • ' TEMU MIN I 1 It IA ! , y I !' ;! 1Y i e� Fa ■ �3co - a =iA i' Y ■2 l 9 g 1 J 1 1 q 1 a 1 U U < F pq e / .! 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'I _ I I `Wd, 1ti I' I I a Wa 1 I I a I I I s I h>A`'! 1 \ - I F----- = .. a b a i .. - A i�� aW 1! `t _ 1ii 1 I ' • III - U '� '� 1' 1I le _i iiiiII N_ ##li I Y 1a „. 3 � e ° • 1 E_y--s_ I I y s:R if: I°: 1 1 t I I Y4 g i Q 0124 1I 7 I .1 •2 . 1 _ z it a ' 11 _ I ! 1 1 1 a Y� _ i I 1 I 111 4 l! •$ 1 1 a i I m I i ' II4 • �' �� /Ft rs 4 !; ' sit ' (..., II .., I e -z :; I I - I II 1 i I �_-- e� _ a.. ii 1 1!!: lw 1„I , III I y iiii - i....1 — I ri at 1 t y6`, tg _vf a It= 3.?- - - 3` a�� II I h'I I� Js a' 1 s Y =; 3 1;> I •ry ; II I 1 I • x ' it .g ei = ="s p:=i -:_,: 1 I ill n- j9 _ 1 � ! _ 1 `z` ._ i - 1?�i I n .: a"q W z n.id ■ y II I n I I J� j _ SNB a a I 3 _; b gr s e' q y i VE I AI I A !I-' :: __= 4_i/IRY g --1.Y ' I I l.3 I ... ran, I: m.st.r� R mi t T-- 11 • i� .t,t.e at a 1' >t tYi1 f .89 LU Yy]R.��(y�+g.t.]nt !.kJ::o.]C't RI k al t T_.lzti. S Mr[d Y14 air :1 till S 3.:b31133"J1i.'.:M).X3a.oe. i: (...., i 1 !i a 3 J _ I mow=is.. -i 13 12 I i IWrtX m.... �I .6 - � = fie - ��E ak � • I \ 1)r 1 _ (re CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-281 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS THE WOODS AND BEING APPROXIMATELY 17.083 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN (iir? MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "SF-1A" Single Family Residential District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a (hie person or corporation having a proprietary interest in said property; and" G:\ORD\ZONING\480.I45 Page 1 r7D —$ WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a (iiire public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: (ire Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City G:\ORD\ZONING\480.I45 \ Page 2 r7 1b (ow of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being The Woods and being approximately 17.083 acres and more fully and completely described in Exhibit "A" from "SF-1A" Single Family Residential District to "SF-20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects (16.• or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that G:\ORD\ZONING\480.145 Page 3 r h— /o (hime a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations, of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1998. (Ire MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR ATTEST: C G:\OR D\ZONING\480.145 Page 4 ` � 1 (hire CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C (re G:\ORD\ZONING1480.145 Page 5 EXHIBIT "A" The Woods, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3432, Plat Records, Tarrant County, Texas, and being approximately 17.083 acres. C (IIMe G:\ORD\ZONING\480.145 Page 6 'lb- 13 Cr' EXHIBIT "B" i .... .,.....,.., ........,.......... ,,,„•;;I:L., .• v, r I z ,... 6 1 .,, • o Lu VI LU 0 mitit477 a 1 1;411 i i i li : ..,., . ,... - z 2 !::g,T4P9 a 8 < ml2i 50 511•• • ' ___71,4.e.aos , 0 < i. ..... I 0 1 ' IL. . V) i •=iii z / 0 :I- I F.! nii 71 zi! • it ,,,,:.."4,' .. ,;. .t -..3, :1 - .1 . ., 1 I t•;,:, , ,, . •. , I ) • . ; 551110 TI20 1.10f1140,1 :.;: , • : :. -. ''''7; \15.Uji 1 \ '''i'r• : .• •. '' ' ''''1:. A \ . :';..il cl 11 .,.„ . •. I 7 A 1 A r - , I , . • • L ; 1 T . I I .-• ..s • ;,7:..I•I 7 i:i'' • CO' i i . .. . . 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I I ..47.(I " "" " " . .....,1...... .„41,1.14.0....4 4 A -------- I_ .;: ..„...., . 11: ,•••••4••••••' , --- • ,.-:•• r, i :•-:. . \.... .../ City of Southlake,Texas STAFF REPORT June 12, 1998 CASE NO: ZA 98-054 PROJECT: Site Plan /Southlake Crossing Animal Clinic STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Southlake Crossing Animal Clinic on property legally described as being a portion of Lot 4, J. G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1253, Plat Records, Tarrant County, Texas, and being approximately 0.528 acres. LOCATION: North side of West Southlake Boulevard(F.M. 1709)approximately 350' west of Randol Mill Avenue. OWNER/APPLICANT: Southlake Crossing Animal Clinic CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Retail Commercial and 100 Year Flood Plain NO.NOTICES SENT: Eight(8) RESPONSES: None P&Z ACTION: June 4, 1998; Approved(6-0) subject to Site Plan Review Summary No. 1, dated May 29, 1998. STAFF COMMENTS: Attached is Site Plan Review Summary No. 1, dated May 29, 1998. L:\COMDEV\W P-FILES\MEMO\98CASES\98-054SP.WPD L -7E_ / 22 lii I I ,y I ,y I 'y ' I _ 3 ` r 23 3 sr. 4 I 5 I e • ` ' l 9 I TR 4 COMMON ?RP. f3 5 JE' 9Ii1.0 AC () -,--7-'- T� T a __,10_- i E S ao _ f R 0\ a VT 6A 68 \ ' 2 TR 2 r11.6 6 ' CORN 03 « 1.475 0 Tr \( . o . ADDe 3 CO 1.605 o a 7 ' 7 � ' 'p N) 83g8: 8 4. 4 1 J. MARTIN iE - II r•1 DS4 G 8 1 1.C56 C. Lse STONEBRIDGE MONTICELLO NLI4 3" I t 3 C— TR.20 4.3 0 �.64 b A` I . = - I I 2R "S-P-2" . II 3R2 / 5.552 �J7 ;'`S \ 4.PI t 1.692 O ' .....,jr------- — �,.�. UT 'NG SOUTHLAKE STONEBRIDGE iS< OUTHLAKE . i 3Rt S • ASS 1 IN 2 a 2 SO .722 0 a d 39 Li 9 4 y 4-; . J.V. ma tR �� 9 . r 1 �L1- , l.o b I 2.560 0 O 5 99 , 4 ..), , A / 2i ,, j. , T R ® � 2A3 I: • TR 2A1\55 :(4:::: C_2 , .46 > A 3.63 AC 108C ' \ ICO2 SR t o oi METZER DAIRIES 0 i , ,' •� '% - • ADJACENT OWNERS - - IOA 2 AND ZONING 1 I A \tiJ 7E3 77 - atgeOPOOM WPM 1 ii i Tj _ / x Lie u Juq- ,Li ..L7 0 I-- b Hill ilos h63 A OO CJ) w. 9 01 \ it— k •• ..\\\ o is: II CO :I A ' 1 r2 i I1111 g11 4 W J Z 03! ` Q 2 V (lb/ �,....:\\11 t C IP I} .ill 0 i` w (Y cc 2, O • ti 3°u Fkp pI pl II pOp>pp a 0 r py o ..opL'a @Pp tn4 vt $o cc d3-4tti2 Q ` i. 94.8iw_ �Q2Pr�lp Qr :9ii n :' a � sn II FZ f1F1 14142O� z 8444 V a e! 1 Q Y't•�Vii'�ia�op'Q < eiivp OTC ° d1 Z;. ! 3 Y :14zi41'�O;O J J S'C1• Q y W y : �-Qa lJ L Q k 41p72EYaO`0 .mho 0 *Nog Og W 0T 0Y 0 i24 Vu u� ! 4•S4y�+O�l J� !t_ A2 Ze••p_Q. 2 . �,l� `�ya�ZJ i x"/�v[ r` 1 4g{�F Jtr.r.. � • C W ws�syjZ[0QQ In 1 w J.l1 d� �l ZD Z �00 m r,+_. tZ J ,, „ , ! E City of Southiake,Texas SITE PLAN REVIEW SUMMARY (h1." Case No.: ZA 98-054 Review No: One Date of Review: 5/29/98 Project Name:.Site Plan -Southlake Crossing Animal Clinic-West Southlake Boulevard. #1709. Southlake. Texas APPLICANT: ARCHITECT: Mark Cox Blake Architects 1039 Burney Lane 1202 S. White Chapel Road. Suite A Southlake. Texas 76092 Southlake.Texas 76092 Phone : (817)431-9591 Phone : (817)488-9397 Fax : (817)431-6972 Attn. Mark Cox Fax : (817)251- 3205 Attn. Skip Blake CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/11/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT LISA SUDBURY AT (817) 481-5581, EXT. 862. * No review of the driveways is provided with this concept plan. The following conditions exempt the driveway from current requirements: This site proposes utilizing the an existing curb cut. CI The proposed use of the driveway is not projected to increase by twenty percent or more the actual or proposed daily design hour volume. 1. The following changes are needed regarding the horizontal and vertical articulation: a. Provide horizontal and vertical articulation on the east, south and west building facades according to the Zoning Ordinance Number 480, Section 43.9cic. Articulation is as shown on the attached articulation evaluation chart. b. Provide dimensions showing building height,wall height, wall lengths, and dimensions of horizontal and vertical articulation. c. Note the type of exterior construction material. Masonry construction meeting the requirements of Ordinance 557 and Ordinance 480, Section 43.9.c.1.a is required on proposed buildings. 2. The following changes are needed regarding landscaping: a. Provide plant material in compliance with the required amount of material in the attached Bufferyard and Interior Landscape Summary. to" b. All accent trees on the site must be a minimum of six(6') feet in height at the time of planting. This plan proposes four(4') feet. 7e-6 City of Southlake,Texas c. Where parking is provided between the building setback line and public right-of-way, shrubs obtaining a mature height of 3' or greater must be planted at a maximum spacing of 30" on center continuous along all paved edges of the parking areas. This plan does not show shrubs along F.M. 1709. 3. Provide the correct scale on the elevation sheet. 4. Verify the property dimensions,there appear to be some discrepancies between the internal and external dimensions. 5. The following changes are needed regarding the adjacent property: a. Zoning=SP-2,west of the site. b. Zoning=C3,north of the site and on the remainder of Lot 4. c. L.U.D. =Retail Commercial on the remainder of Lot 4. 6. Site Data Summary Chart(by phase and in total)to include the following items: Site Data Summary Phase I Start Construction Month/Year Finish Construction Month/Year Required Parking 18 Provided Parking- I. Standard 20 Handicap 1 Total 21 Required Loading Spaces 0 Provided Loading Spaces 0 7. Label the minimum 15' building line along the east side, and 10'building line along the north. 8. Rotate the dumpster so that the disposal truck can approach in as straight a line as possible. Dimension the dumpster pad,providing a minimum clearance of 12 feet inside the finished walls. 9. Remove the fire lane designation from the internal drive lanes. 10. Show the proposed finished grade of the site,with contour intervals not exceeding two (2) feet. Spot elevations must be shown at all critical points, including but not limited to edges of pavement,curb returns,building corners, drainage paths,etc. Include directional flow arrows in all flow lines, and label all existing drainage structures labeled with size,type and flow line elevation. Also show centerline of water courses and existing drainage easements. (Hod 11. Note the benchmark used for the topographical information. This should correspond to a City approved benchmark. City of Southlake,Texas 12. All mechanical units must beet the screening requirements in compliance with the Zoning Ordinance Number 480, Section 43.9c lb. 13. Revise the City case number to"ZA98-054". P&Z ACTION: June 4, 1998; Approved(6-0) subject to Site Plan Review Summary No. 1, dated May 29, 1998. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * A common access easement will be required on and adjacent to the east property line, along the concrete drive and stubbing into the west property at the time of platting. The easement shall encompass the entire width of the planned drive plus an additional with of 1 foot on both sides of the drive. * The applicant should be aware that prior to issuance of a building permit a Plat Revision must be processed for all of Lot 4,J. G. Allen,No. 18, and filed in the County Plat Records. Additionally, a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fees, Water& Sewer Impact and Tap Fees, and related Permit Fees. * A letter of permission from the adjacent property owner(s)on the east and west must be obtained prior to issuance of a building permit for the construction of the off-site pavement. A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. * Denotes Informational Comment att: Bufferyard Calculation Chart,Interior Landscape Summary Chart, Articulation Evaluation Chart cc: Mark Cox VIA FAX ABOVE Blake Architects VIA FAX ABOVE L:\COMDEV\WP-FILES\REV\98\98054SP 1.WPD 76- 7 City_ofSouthlkeriexas Articulation Evaluation No.1 i I i i , I • ;Case No. ZA 98-054Date of Evaluation: 5/29/981 1 Elevations for Southlake Crossing Animal Clinic : : 1 • Received: S/11/98 • . . , • ' ' Front Elevation i . 'Wall ht. * 9 - • -Horizontal articulation Vertical articulation . i Required; Provided: Delta Okay?. Required; Provided 1 Delta: Okay? Max. wall length i 27 i 25 -7%: Yes: 27 27 0% Yes: Min artic. offset 1 ! 6 500%1 Yes, 1 1 2 100%i Yes; .Min. artic. length 6 13! 11* Yes 7 7: 0% Yes' i •. • • 1 . 1 , . . . • . , :Rear Elevation i 1 !Wall ht. =1 9 iHorizontal articulation 1 iVertical articulation i 1 Required! Provided! Delta; Okay? Required! Provided! Delta! Okay?; !Max. wall length : , . • "]i: , V.'. .,7; !':: ..- ;, .-,_ fl ,',. : . . .- . :1_, :. - . -2:; iMin. artic. offset 1 1 41 300%1 Yes! 1 1 1 2: 100%, Yes! ! 1 Min. artic. length 7 , 21! 200%! Yes 7 1 10! 43% Yes; • i . i , . . Right Elevation ! ;Wall ht. ,--. ; . Horizontal articulation Vertical articulation Required: Provided! Delta Okay? Required Provided; Delta Okay? Max. wall length . . . • . , . Min. artic. offset !The Right facade articulation is not required . Min. artic. length !as the facade is not visible from F.M. 1709 I . , L . . . Left Elevation :Wall ht. =1 9 Horizontal articulation Vertical articulation Required Provided, Delta Okay?. Required Provided Delta 1 Okay? Max. wall length 27 : 20. -26% Yes 27 20! -26%, Yes. Min. artic. offset 1 . 12! 110* Yes 1 3: 200 Yes: . :Min. artic. length 5 i 12 140%! Yes, S ; 10: 100% Yes; ILI . , 4, , City of Southlake,Texas 11.1 SUMMARY CHART - BUFFERYARDS Location/ Length of Required/ Buffervard Canopy Accent Fence/Screening Base Line Provided en Width/Tyne Trees Trees Shrubs Height&Material North Required 97' 5' A 1 East - Required 97'1 5' - A 1 Mategfa k�y�tb:.w ••,'X: t:'JiK', ' ':0 South - Required 165' - 07 5 23 r:.;,•?:::r:.• ....�..::•;;.......oc>:.......:::��.: •L+c' •7a,;`:•• < �.�r��., 'C'•�5.= � ;ti,`-�r..vka_•Y•-•..;7''�''.<?y. :v.. . :::�?:�'. r?Y.,:.o•'K.r•?fi6•r �r>P!:.. 9'i 'x.:V.:.:..5 .. :3 ?'-.xn �f ,�:::y,,n, 20'• .. r:.-.;. ; .:5`•'•.. :.: o.i`�i rV��• _ ,.x`'SC�s. o n:. :'�: ..: .,... �::�.•'F..�t:?h�.l•�� .....:.....,....:..........<3:ii'::elW`•.•`3.•�:.:...:....v...... West - 1 Required 170' 5' - A r. .f r ... t. v : C{88 .S. ''+S-C• n......L:Ii.. ... ':��•rQ-'+••.{�.,8 :{d^':.?��:::'{. ��� �.••�.'•��•4'-•v-:,,r••n�iti+i.'7�C',CY:,�3:..4..... ..... ...-.. - .......:::.. West - 2 Required 60' 10' - C 2 is ti strAMMISIBMin 'Note any credits used in calculations: a. Width of driveway is deducted from the required length of the bufferyard. Other Comments: 1. Where parking is provided between the building setback line and public R.O.W., shrubs obtaining a mature height of three feet(3') or greater must be planted at a maximum spacing of thirty ihiri'l inches(30") on center continuous along all paved edges of the parking areas. 2. All canopy trees on the site are required to be 50% 2" diameter and 50% 4"diameter at the time of planting. 3. All accent tree on the site are required to be a minimum 6' height at time of planting. SUMMARY CHART - INTERIOR LANDSCAPE Landscape % of Area in Canopy Accent Ground Cover Area Front or Side Trees Trees Shrubs (Sq. FL) Required: 1 1,963 75% 3 7 33 196 :i!3;•?,t "'�,?::'''£.`;?�`::�5:>:. f �:"k••:.;-.t5�..'��;.¢f`;` .ter .>M1{;: '•,•.';�r.:.:«:.. . .•`l •i•' .�,:'f 'z`>',':'�.:t`• :•k••:� of yy n..::C..,:i}:Ci?:::.i:Si::i:..i:::is iiii:G.::r .' *Note any credits used in calculations: a. Other Comr.:ents: 1. All canopy trees on the site are required to be 50% 2" diameter and 50% 4" diameter at the time of planting. 2. All accent tree on the site are required to be a minimum 6' height at time of planting. REC'D MAY 2 01998 7 E—9 r • -- .a. • = I leie# A 1 €ximmonommi ns w +iw3w s OM IA- ^ P J(101 n i If ! — o % , r t i 89) a. 111 ill i _ r N ill id' 10 It ' li i ,--1 I : i f ( a i is i doc . ; P, ,�J )Tir i:., E ,'' 4e. ---: . \N' - -_____ „ "./ \ - "k OF: I - -NW0 so\ i .15 14 , .,'',:tj! id sl. 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City of Southlake,Texas STAFF REPORT June 12, 1998 CASE NO: ZA 98-053 PROJECT: Plat Revision - Lots 6R. 7, 8. 9. and 10, Block A, Southlake Bank Place STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lots 6R, 7, 8, 9, and 10, Block A, Southlake Bank Place, being a revision of Lot 4R-2R-3, Block A, Southlake Bank Place, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2242, Plat Records, Tarrant County, Texas, and Lot 6, Block A, Southlake Bank Place, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-176, Page 9, Plat Records, Tarrant County, Texas, and being approximately 10.758 acres. LOCATION: East of Bank Street, southwest of State Highway 114, and approximately 420' south of East Southlake Boulevard(F.M.1709). co, OWNER: Gateway Properties Joint Venture APPLICANT: Brittain& Crawford CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Retail Commercial NO.NOTICES SENT: Seven(7) RESPONSES: One (1) response was received from outside the city limits from Grapevine: • Gary Mellema, 501 Industrial Boulevard, Grapevine, Texas, in favor of. "I am in favor if Southlake and Grapevine would agree to extend Industrial Boulevard to intersect with Banks providing an easy north egress." (Received 6/4/98) P&Z ACTION: June 4, 1998; Approved (6-0) subject to Plat Review Summary No. 1, dated May 29, 1998. • City of Southlake,Texas STAFF COMMENTS: The applicant has met the requirements of Plat Review Summary No. 1, dated May 29, 1998, with the exception of those requirements in the attached Plat Review Summary No. 2, dated June 12, 1998. L:\COMDEV\W P-FILES\MEMO\98CASES\98-053PR.WPD 1 (ire. 0 �r� 'j1nt AO L I 1 f Hill . , cS I . q . Iblitit no Mp, . ' A ,,111V.Oi—l—Ek*„. - , 1 / • iiiNtssp, \ sow ; Ilie.II \ iril I ! ''... . % \ lipk pi.,_ 1 1 MIA • ll Alli. _., . , .,., III a I 1 1 i \'1C TRACT MAP �3 - 3 26R 2 1.335 ® \.890 1 / `% I 2A 30R ♦ 4 1.08 AC ` 1..043 ® .53 AC TFcr • PPP' CAA 2.718 Ac TR 8 t. 1 .757 0oisa0 ''rtrt i .987 V•. ' i .326 ® "'V, 328 TR 8A 169 O _ _ I ♦ 2.3 ~ 58 .015 0 I 4R2R w EZ 0 ? a 1 ® 2 ^may . O n-^ TEXAS NATIONAL -• � 2R Y • w O BANK SOUTHLAKE .634 AC 0 0 U '• j r _ , I ♦ 1A5c 0 / � 1 5A Ac F • o • Y / 1.835 _ I A. = it : 6 . "C-3"AlliM 1 ) 1R O ' G. HOUDEK S (�✓ '1.303 3.352 0 4R26R2 I I R. PACK• NIIIIIIIImalIlm1 lk 1 D. STURDIVANT 1 / 5 EA. AI.• I 1.s8 Ac Er, , I BUILDING ON FAITH A 4R2R3 Ada • LTD. 6 1.6 AC "I-1 II HIMIIMIMI - IMFOMMIM - - �C LAKE PROPERTIES GRAPEVINE CITY LIMITS DARR EQUIPMENT z 7 <4 DEVELOPMENT 1 I .0132 1.36 ACI1R1 Z ' 1 L ' g IA DARR EQUIPMENT LU I R D . _ x' cl I 0 j 8 4.26 AC 1. w I E K 3 o yIN 5 VA If 2.68 • Cw, ,. „ o I pE PA ,�6p6 GLE 41 i-1 I GO PE ADJACENT OWNERS ,C 1 i AND ZONING ' � �g� � I 2 4R a ! G v P LK • J I .Wil ,�, �, Ms j:i• ; V < W t Cr- 'i,—': 1 II.. I. i , r ' I :;1' hi m 6C < yg3s µ.�.� w Q U.• V < M, ,! a ` G < o . < m '-Prig'""= . III 1.� • •��' 3s = Ui CO .•.. = U. , U. I •. i •-r a.admie Ii------:;-;;- ,' - :I-'11,----,,....---.: t., : i I.,,,iIU /iG i ll;iis!:if,1! ���""" E Q ii0,i"h 9°I p°1 0Il al;urj• h a = a I ;:illyIIiI111•f;0111mIhalliiii i ; aItihi661i!PikJ:U1U1bdiIIIII Q i ° 4] IA j ;iI ;3 a II E� CI!■ !V ai(16., . !!� ��4l � Iv V it 3 J ":"'"t1.--*: i .w1T1'W I`n'' Li v/ • \''''\k LU CC �� ..t ! Om m : .-,2AL! of r_l . \. 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IM O 1101111h:I j[.I 2 P 6 -71 1 II WM I G i .t 1 Q c, 1. i j , i I City of Southlake,Texas PLAT REVIEW SUMMARY Case No: ZA 98-053 Review No:Two Date of Review: 06/12/98 Project Name:Plat Revision-Southlake Bank Place,Lots 6R,7.8.9.& 10.Block A-being 10.758 acres in the Thomas Easter Survey.Abstract No. 474 and Heirs of A. Foster Survey.Abstract No 518 and being a revision oflot 4R-21 -3.Block A. Southlake Bank Place according to the plat recorded in Cabinet A. Slide 2242 and Lot 6.Block A. Southlake Bank Place according to the plat recorded in Volume 388-176.Page 9 APPLICANT: SURVEYOR: Gateway Iroperlies Joint Venture Brittain& Crawford 930 Parkview Lane P.O. Box 11374. 3908 South Freeway Southlake.Texas 76092 Fort Worth.Texas 76110 Phone: (817)329 4599 Phone: (817) 926- 0211 Fax: (817)4 420 Attn. Terry Wilkinson Fax: (817) 926 - 9347 Attn: Chris Blevins CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 6/08/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MCROY AT(817)481-5581,EXT. 880. 1. Show and label the approximate location of the 65'LDN DFW Airport Overlay Zone on the graphic. 2. The following changes are needed with regard to easements: a. Provide easements for water,sewer,drainage,and franchise utilities in compliance with utility and/or construction plans as approved by the Public Works Dept. b. Label the bearing of the 15'Drainage Easement line crossing the north line of Lot 10.Provide a dimensional tie to the nearest property corner from the point of intersection with the north property line. c. Provide the minimum centerline spacing of 250'between the existing driveway on Lot 5 and the proposed common access easement intersecting S.H. 114. A spacing of 105.34'has been provided. d. Provide a minimum stacking depth of 75' measured from the R.O.W. of S.H. 114 to the northeast edge of the Common Access Easement extending into Lot 5 (Texas National Bank) from proposed Lot 9. A depth of 42.98'has been provided. e. Label the filing information(Volume and Page) for the 13'wide common access easement shown along the south line of Lot 4R-2R-2 * The applicant should be aware that a minimum driveway centerline spacing of 250' is required between driveways intersecting the S.H. 114 frontage Road.The lotting proposed along S.H. 114 will not allow each individual lot to have a driveway onto S.H. 114 in compliance with the spacing L:\COMDMVP-l2L*S\RtV\99\98053PR2.11PD Page 1 �a-1 City of Southiake,Texas requirement. Common Access Easement(s) filed by separate instrument may be required prior to issuance of a building permit for these lots. However, please note that the CAE currently shown through this site will provide adequate access to public streets for each proposed lot. * All lots along S.H. 114 or are within 100' of S.H. 114 or provide vehicular access to S.H. 114 shall be subject to the requirements of the corridor overlay zone regulations and shall require Site Plan approval by the Planning & Zoning Commission and City Council prior to issuance of a building permit. * It appears that this property lies within the 65'LDN D/FW Regional Airport Overlay Zone which will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No.479 and execution of the"Avigation Easement and Release"shown in Appendix 3 of the Subdivision Ordinance No.483 on subsequent Plats to be filed in the County Plat Records. * A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * A Developer's Agreement is required prior to any construction. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements, off-site sewer extensions, and off-site drainage and utility easements. * Denotes Informational Comment cc: Gateway Properties Joint Venture,Attn. Terry Wilkinson VIA FAX ABOVE Brittain& Crawford VIA FAX ABOVE Osiris Properties Inc VIA MAIL: 5505 Normandy Dr, Colleyville,TX 76034 ATTN: AnneMarie Pucher • L:\c 1V\WP•n \xsv\9e\9aO53PR2.WPD . BB- $ Page 2 I I :j j Iti,Ail ill; E I<•1' ! '� ; It j i; fl <w A I f g lig 1 8 0 I 1 0 ill aii hi u i II 10. 1 g 1 ,1111 1 coi 12 ill! ; .. 1 . i og 3 i 8 1 ;q Pi 2 't e t 3 .11 if . ! gm t h . r II II! >, II !� 1 !II " fi! 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(.k..- ii ih Ii i t City of Southlake,Texas MEMORANDUM June 12, 1998 TO: Honorable Mayor Stacy and Councilmembers FROM: Sandra L.LeGrand, City Secretary SUBJECT: Resolution No. 98-52,Appointment to the Parks and Recreation Board Resolution No. 98-52 allows for the appointment of a member to the Parks and Recreation Board to fill the unexpired term of Doug Fierce. His term will expire in May, 1999. Mr. Fierce resigned from the Parks and Recreation Board last Monday during the regular meeting of the Parks and Recreation Board, stating his family would be moving to the Beaumont area. They plan to be leaving Southlake on Sunday, May 17, 1998, according to Teddi Zonker, Secretary for the Park and Recreation Department. I have attached for your review, the applications that I have on file for appointment to the Parks Board. If I can be of help,please give me a call. Isl City of Southiake,Texas RESOLUTION NO.98-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS, APPOINTING A MEMBER TO THE PARKS AND RECREATION BOARD TO FILL AN UNEXPIRED TERM; PROVIDING AN EFFECTIVE DATE. WHEREAS, a Parks and Recreation Board was created for the purpose of planning and developing parks and parK sites within the City of Southlake, for the use and benefit of its citizens; and, WHEREAS,the Parks and Recreation Board shall consist of nine (9) members to serve three year terms; and, WHEREAS, currently a vacancy exists on the board since the resignation of Doug Fierce, leaving an unexpired term which will expire in May, 1999; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,THAT: Section 1. All of the above findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in its entirety. Section 2. The City Council hereby appoints as a member of the Parks and Recreation Board to fill the unexpired term of Doug Fierce, with a term to expire in May, 1999. Section 3. This resolution shall become effective upon passage by the City Council. PASSED AND APPROVED THIS THE 16TH DAY OF JUNE, 1998. Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary M:\WP-F!LES\Resolution,98-52.doc -et City of Southlake,Texas MEMORANDUM June 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Interim Parks and Recreation Director SUBJECT: Award of bid for irrigation improvements at Bob Jones Park An irrigation proposal package for the soccer game fields at Bob Jones Park has been compiled and distributed. Bids will be opened at 11:00 a.m. on Monday, June 15, 1998. The project will include an option for a variable speed vertical turbine pump station assembly, as well as an irrigation system for the three (3) soccer field areas. Alternates to the base bid are for: (1) drip irrigation to the parking lot internal islands, and (2) installation of flowmeter and associated wiring for connection to irrigation controller. Due to a number of factors, we were unable to schedule the bid opening prior to this date, however, we feel it is important to move forward as soon as possible to ensure the fields are ready for play in the fall season. Staff will evaluate the bids and bring forward a recommendation to SPDC on Monday, June 15, and City Council on Tuesday, June 16. SPDC has budgeted $180,150.00 for irrigation improvements in Phase I of Bob Jones Park construction. We request you place this item on the June 15 SPDC agenda and the June 16 City Council agenda for their consideration. Please contact me or Park Planning and Construction Superintendent Ben Henry if you have any further questions KH Attachment: Proposal for irrigation of soccer game fields and Addendum No. 1 L I PROPOSAL ILii„ To: City of Southlake Bid Opening Date: June 15, 1998 For: Proposed Improvements for Bob Jones Park Irrigation of Soccer Game Fields Pursuant to the foregoing"Notice for Bidders," the undersigned bidder having thoroughly examined the contract documents, including plans, specifications, the site of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to do all the work, furnish the labor, equipment, and material, except as specified to be furnished by the City, which is necessary to fully complete all of the work as provided in the plans and contract documents and subject to the inspection and approval of the City of Southlake, Texas, and binds himself upon acceptance of this Proposal to execute a contract for the performing and completing of said work. Contractor proposes to do the work within the time stated and for the following sums: UNIT PRICES: The bidder agrees that the following unit prices will apply to adjust quantities of material indicated on site. Prices are for materials furnished and installed. It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished, as may be considered necessary in the opinion of the Owner's Representative, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth as provided for in the specifications. Items as specified as purchased from any authorized distributor Rotors $ Spray (indicate body size) $ Valves (indicate size) $ 1 BASE BID Bid Item Number 1 $ Variable Speed Vertical Turbine Pump Station Assembly Bid Item Number 2 $ Irrigation System (kihise Subtotal111( $ Profit/Overhead % $ Bonding % $ Grand Total Amount Bid: $ (Sales Tax exempt) PART B - PROPOSAL (CONTINUED) The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against. U The bidder agrees to begin construction within 10 calendar days after the issuance of the Notice to Proceed with Construction(Work Order), and to complete within 14 calendar days after the receipt of said notice. Receipt is acknowledged of the following addenda: Addenda No. 1 ke Addenda No. 2 (SEAL) if bidder Corporation Addenda No. 3 1 Respectfully submitted: Company Address City, State, Zip Phone Number Fax Number Printed Name Title Signature /D/- 3 ADDENDUM NO. 1 June 9, 1998 CONTRACT DOCUMENTS AND SPECIFICATIONS for PROPOSED PARK IMPROVEMENTS BOB JONES PARK IRRIGATION OF SOCCER GAME FIELDS for CITY OF SOUTHLAKE BIDS RECEIVED UNTIL 11:00 a.m. JUNE 15, 1998 This Addendum forms a part of the Contract Documents and Specifications. Acknowledge receipt of the Addendum in the space provided in the Bid Form and on the outer envelope of Bid Proposal. Failure to acknowledge receipt of this Addendum may subject Bidder to disqualification. For clarification relative to execution of construction, bidders are hereby advised of the following: A. Drip System The irrigation of the parking lot internal islands (drip) is NOT included in the base bid. HOWEVER, as add Alternate No. 1 include tapping the 3-inch domestic line near the northeast corner of the south parking lot. Install a 1-inch double check assembly. Install a 1-inch loop around each parking lot with isolation ball valve (See Exhibit 'A' for included areas and sleeves). Install Netafim Techline within each internal parking lot island as identified on the irrigation detail sheet. B. Pump Assembly 1. Pump Assembly details are included(See Exhibit `B'). 2. Section of Pump installation is included (See Exhibit 'C'). 3. The dimensions of the concrete skid are 4-foot by 6-foot as detailed. 4. The installed pump assembly will be protected although not part of this contract. 5. The normal pool elevation of the pond is 576 to a depth of 568 (8-foot). The 100-year flood event elevation is 577.5. Pump pad elevation to be a minimum of 578.5. 6. The slopes of pond are 8:1 to a depth of 4-foot then 5:1 to the bottom. 7. The 24-inch wet well chamber to be reinforced concrete pipe or approved equal. 8. The 12-inch source pipe may be p.v.c. c-900, corrugated plastic pipe or equal. /04—V (tro• C. Irrigation Specifications All submittals and conferences shall include OWNER. 1.04 Intent of the Drawings (A): Locations of all sprinkler heads, valves, piping, wiring, etc. shall be established by the Contractor and approved by the OWNER,at the time of construction. 1.06 Permits and Fees: All permits and inspections will be required with NO cost to contractor. 2.02 Water Meter: (applicable to drip system only) 2.03 Backflow Prevention Assembly: (applicable to drip system only - 1-inch) 2.04 Pipe (A): 6-inch mainline shall be Class 200 2.05 Fittings (B): Lasco swing joints are approved. 2.07 Irrigation Controllers: All controllers shall be ESP-SAT for Maxicom Central Control 2.15 Conduits and Sleeves: All necessary sleeves are existing. D. Maxicom Central Control (low Contractor shall include qualifications of past experience with Maxicom irrigation systems and shall include as add Alternate No. 2, the installation of flow meter and two- path wire to the controller. All Rainbird products must be purchased through an authorized distributor for Maxicom credits to the City of Southlake. E. Qualifications of Bidder A recommendation of contractor will be presented to the Southlake Park Development Corporation(SPDC) the evening of Monday, June 15, 1998. Bidders are required to submit qualifications as stated with the prepared bid. Qualifications will also be accepted prior to Bid Opening by Ben Henry, Park Planning and Construction Superintendent at: 400 North White Chapel, Southlake, Texas 76092 Ph. (817) 481-5581 ext. 824 Fax (817) 421-2175 This completes Addendum No. 1 City of Southlake /`tt,�s Ben Henry Park Planning and Construction Superintendent I I I t 1 �� e I I I I I I i N.or\ :,;:" c1- - - - - .J .09 L - - - - -J .09 L - - - - -J ', L'� 'OA OS 'OA OS je 00 'OA OS \ I Li I ilitici01 Il-b>•Irl l i4171170Hcisi tt idt 0.1 b IY rl COI ii4P1 Icl I I O i- )rd5 •'r NON O5 klcilf 1,1,1 4111V 1 . I \ZI N -_.--.__.. •. rim �� � . fly j I 'OA 0£ 'OA 0E 'OA 0£ 'OA 0£ 1.7 .' . - '. ( - - � .09 ( - - � .09 ( - - � ,09 f - - � . I o a I low I I ": a I I `. a I o II _ g. I oI Z t1 . I II I = u � I I = t .. Io b� -1 0. 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PUMP do MOTOR SET AUTOSENSORY CONTROL PANEL tii6h • imivommtalj SKID 01/30/97 14:31 TX/RX NO.0463 P.005 a g.UAram I APR-30-98 THU 12:37 PM ROBERT L WRIGHT AND ASSO FAX NO. 7138397778 P. 2 - $ =n Le Ali fF . tr+l g J;II 11 I 1 N tali pII • INi tk l i- roc llyu:�- 1. -, 1)J a t III 2 I11 Kivill j uu II 11 ilz ran_-LI__ n=�: '-Il=" =11 llI (11171 - • III . �tll _-u LT- VI .. Jl11llJl- T1111 .1 1 n _-t 11- -II • \ - -11-- •v-11 '`=11 a r 4 J'i) 11 iiill .I 11 iIj I • II rl -1111 I - 11 ` 111 Z001 JOSSV Ix03i1"I9 3 rCC6 ZCL 60b XVd OC:ZT 86i6Z/P0-` 1 / )4-R EY14I81T 4, C r City of Southiake,Texas MEMORANDUM June 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Interim Parks and Recreation Director SUBJECT: Award of bid for grass sod of soccer game fields at Bob Jones Park On Monday, June 15, 1998, bids will be opened for the proposed sod package for the soccer game fields at Bob Jones Park. Due to a number of factors, we were unable to schedule the bid opening prior to this date, however, we feel it is important to move forward as soon as possible to ensure the fields are ready for play in the fall season. Staff will evaluate the bids and bring forward a recommendation to SPDC on Monday, June 15, and City Council on Tuesday, June 16. SPDC budgeted $95,148.00 for sodding of fields. The dimensions of the sodding will encompass a total of 28,296 square yards, which includes the (11) playing field areas and a two foot perimeter strip on each. The alleyways and Soccer Field IV will be hydromulched after the sod is laid. We are also hydromulching the remaining fields that are south of the southernmost parking lot (which are not shown on the attached drawing). Staff feels the total sodding and hydromulching costs will be below the budgeted amount. We request you place this item on the June 15 SPDC agenda and the June 16 City Council agenda for their consideration. Please contact me or Park Planning and Construction Superintendent Ben Henry if you have any further questions. 111 KH Attachment: Proposal for grass sodding of soccer game fields L /0/3—/ PROPOSAL To: City of Southlake Bid Opening Date: June 15, 1998 For: Proposed Improvements for Bob Jones Park Grass Sodding of Soccer Game Fields Pursuant to the foregoing "Notice for Bidders," the undersigned bidder having thoroughly examined the contract documents, including plans, specifications, the site of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to do all the work, furnish the labor, equipment, and material, except as specified to be furnished by the City, which is necessary to fully complete all of the work as provided in the plans and contract documents and subject to the inspection and approval of the City of Southlake, Texas, and binds himself upon acceptance of this Proposal to execute a contract for the performing and completing of said work. Contractor proposes to do the work within the time stated and for the following sums: UNIT PRICES: The bidder agrees that the following unit prices will apply to adjust quantities of material indicated on site. Prices are for materials furnished and installed. It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished, as may be considered necessary in the opinion of the Owner's Representative, and that all quantities of work,whether increased or decreased, are to be performed at the unit prices set forth as provided for in the specifications. PROPOSAL SCHEDULE Grass Sod of Soccer Game Fields with Certified Bermuda 419. Delivered and installed on rolls no less than 42-inch x 90-foot. See Exhibit for Soccer Field dimensions and configuration. Soccer II Fields A,B,C 50 y.d. x 80 y.d. -" Soccer III Fields 1-8 30 y.d. x 50 y.d. with an additional 2 Y.D. strip along the field perimeter. QUANTITY UNIT PRICE TOTAL PRICE Soccer II 13,608 S.Y. Soccer III 14.688 S.Y. Total 28,296 S.Y. per square yard $ Grand Total Amount Bid: $ L. jo3-a PART B - PROPOSAL (CONTINUED) The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against. The bidder agrees to begin construction within 10 calendar days after the issuance of the Notice to Proceed with Construction(Work Order), and to complete within 14 calendar days after the receipt of said notice. Receipt is acknowledged of the following addenda: Addenda No. 1 Addenda No. 2 (SEAL) if bidder Corporation Addenda No. 3 Respectfully submitted: Company Address City, State, Zip Phone Number Fax Number Printed Name Title Signature L . . 0 r _ _ _ _ 7 r _ _ _ _ _1 r _ _ _ _ ___1 : &by' i Q I. x a I wZ V r1 U `''0 0 0 o co Q_ 4.....„ w . Q ` • �. , L ,09 L J ,09 L ' .� J •aA os 'OA Os 0 01 os —J ' irk ..,0 S3)vds er" os51/i/115114.1C411/CIP1 141 1 1 Dms'c II I■Ci:dikaa n ■miGirY:iA01Y13Ji11r:4uaL:tarataw r MINN sei mu ms•-. . ti ` J •aA O£ •aA 0£ - ,09 •0A 0£ _OA 0£ r - - � ',09 r - - � _ __I r - - � ,09 r -- 1 - I lN I lM I Iv c4 c4 t gow ow w o IZc) . l IC ' I Iou — I Iocw - o I —1 F o l � i I �I IW I IW I I IW 1 � 8 I ` I I � I U. I I `` Ia9 1u › 18 L _ _ _1 L — _ J L _ _ _J L _ - -1 l — —, 0 0 r _I r ___i-_ r 7r — — --1 l ow I low I low I low to � lo � - l lou1l lob " l to � � lo '^ IWCl, I IWC I IWC I I - I � I I I I I w I I al L ___ ___ _J ,09 L — _ —J •09 L _ _ _J ,09 L .OA o£� 'OA OE -a), OE 'OA 0£ ' ' H L. • r r r Y 3NI1 31YM 3Ad .,E '1SIX3 *0419, j I. )rdS •v 'a•r tollU `l IVI*1:14 41 111 RI /o y ,_--.- _ n I I I I I I I I I I I I I 1 I I I I I I O n 1 I I I I I I I I I I I 11 I 111111 City of Southlake, Texas MEMORANDUM June 12, 1998 TO: Curtis Hawk, City Manager FROM: Stefanie E. Sarakaitis,Planner SUBJECT: Draft of SIGN ORDINANCE No. 506-C The attached draft of Sign Ordinance No. 506-C reflects the recommendations of the work group, composed of Mayor Stacy, Chairman Creighton and Pamela Muller. Staff involved with the work group are Community Development Director Greg Last, Plans Examiner Chuck Bloomberg, and myself. The intent of the work group has been to provide potential changes which would improve the aesthetics and the quality of signs within the City. As a result of four work group meetings, certain sign prohibitions have been proposed, new sign classifications have been added, and several existing regulations have been modified. The following chart details each of the recommended changes within the attached draft of Sign Ordinance No. 506-C. Should you have any questions, please feel free to contact me at 481- 5581, ext. 753. Page Section Provision" Recommended Change 2-3 1 Defmitions Definition modified: Sign,business; Sign,directional Definitions added: Sign, gasoline pricing; Sign, institutional(option 'A' -regulate institutional signs;option'B' -prohibit as current) 5 6.0 Conditional sign permits: Per Building Official,language changed to coincide with current fee Fees schedule adopted by Council. 6 11.D Removal of signs in Language has been added for the removal of signs from public rights-of-way property. 8 16.A.2 Attached signs: Language has been added to provide for lease spaces which do not maximum letter/logo front on a street(based on the distance from the vehicular driveway height access). 8 16.A.4 Attached signs: .s Provision modified to allow for one sign per lease space, per street number of signs frontage, along that street frontage. Secondary attached signs permitted at public entrance on another side of building from primary sign placement; secondary sign not to exceed 50% size of the primary sign or permitted sign,whichever is more restrictive. 8 16.A.5 Attached signs: Due to the frequency of variance requests, this provision has been sign width changed to limit width from horizontal edge of building,lease space, or change in vertical articulation to either the letter height or six(6) inches,whichever is greater. 8 16.A.6 Attached signs: Requirement modified to limit vertical distance of sign to roof eave (bre roof line limitation or overhang. Also, allow for signs on fascias when specific provisions,as outlined in text,are met. 9 16.B.2 Monument signs: The maximum height is being reduced to four(4)feet;base height is maximum height being reduced to eighteen(18)inches. L.\CITYDOCS\ORD\DRAFPSIGN\506-C\CCMEMOLDOC 1 1 n .� ( Page 1 of 3 City of Southlake, Texas 'Pagel;`. Sect on Provision n. '. Recommended-Chang g` s : 9 16.B.3 Monument signs: Sign face is being reduced to fifty (50) square feet, not to exceed maximum area one-hundred (100) square feet total. This criteria will apply to all monument signs. The method of area measurement will change: the letter/logo height& width being criteria for individual lettering,the panel height&width being criteria for sculpted aluminum panels. 9 16.B.4 Monument signs: Language added to clarify that signs be placed along each street number of signs frontage. 9 16.B.6 Monument signs: Language added for sign structure to be constructed or covered with material requirements the same masonry material as principal building, or stone, or brick. Sculpted aluminum face panels will be allowed. Structure must border sign face at a minimum width of one-eighth (1/8) sign face height. 9 16.B.7 Monument signs: Illumination modified to include internal lighting for the sculpted illumination aluminum panels, individual channel-lit lettering, ground lighting where light and source are not visible from public ROW. 9 16.0 Freestanding signs Prohibit freestanding signs. (Option A) 9-10 16.C.2 Freestanding signs Allow freestanding signs only along SH 114 frontage. (Option B): locations where allowed 10 16.C.4 Freestanding signs (Option 'B): Reduce the sign face area to sixty-four (64) square feet, not to exceed one-hundred twenty-eight(128)square feet total. maximum area 10 16.C.7 Freestanding signs Language added for border around sign face at a minimum width of Liper I (Option 'B): one-eighth(1/8) sign face height, to be constructed or covered with material requirements the same masonry material as principal building,or stone,or brick.. 10 16.C.9 Freestanding signs Provision modified to prohibit freestanding signs within four (Option `B): hundred feet (400') from property zoned for single-family residential adjacency residential uses or designated as Low or Medium Density Residential on the currently adopted Land Use Plan. 10 16.D.3 Ground signs: Sign height is being reduced to three(3)feet. maximum height 10 16.D.4 Ground signs: Sign face area is being reduced to four(4) square feet,not to exceed maximum area eight(8)square feet total. 12 17.H Prohibited signs: Language added to include signs projecting on/over public rights-of- projecting on/over public way. property 12 17.J(new) Prohibited signs Vehicular signs added 12 17.K(new) Prohibited signs Subdivision marketing signs added 12 17.L(new) Prohibited signs Off-site signs added 13 19.C.1.b.2 Specific sign regulations: Maximum area stricken due to reduction in monument sign subdivision signs maximum area regulation(section 16.B.3). 13 19.D Specific sign regulations: Provisions added for institutional signs, which incorporate institutional signs readerboards,due to frequent variance requests by institutional uses. (Option A'-regulate) (Option `B'-prohibit) 13 19.E Specific sign regulations: Provisions added for gasoline pricing signs, which display gasoline pricing signs changeable price-per-gallon element, due to frequent variance requests by gas stations. 14 New Permanent signs exempt Provisions added for home occupation signage (as outlined in L..., section from permit: home Zoning Ordinance No.480,section 4.2). occupation signs 14 20.A.2.d Banners,pennants,and Duration reduced to maximum fifteen(15)days,twice per year,with streamers a sixty(60)day separation between permits. L:\CITYDOCS\ORD\DRAFTSIGN\506-C\CCMEMOI.DOC I T C'— Ps Page 2 of 3 City of Southlake,Texas Low, P <.Seetion Pz ur ,. �`. Recce , : .Kg,:" 11M-S 14 20.B.2.d Balloons and other Duration reduced to maximum nine (9) days, twice per year, with a floating devices sixty(60)day separation between permits. 15 20.F.2.b Construction signs Duration modified to removal upon the issuance of C.O.s on seventy-five percent(75%)of lots. 15 20.G.2.b Development signs Duration modified to removal upon the issuance of C.O.s on seventy-five percent(75%)of lots. 15 21.A Temporary signs: Provision stricken due to recommended prohibition. subdivision marketing signs 16 21.D Temporary signs: Area reduced to twenty-five percent (25%) of window area. Also, window signs language added to apply to entirety of frontage on a single street or sidewalk. 16 21.E Temporary signs: Location of signs restricted from freeways and regional arterials. garage/yard sale signs Minimum distance from intersection of regional arterial to be one- hundred(100)feet. 16 22.A.2.e Off-site development Duration modified to removal upon the issuance of building permits signs on seventy-five percent(75%)of lots. 17 23.1 Exempt signs: Provision stricken due to recommended prohibition. vehicular signs 17 23.2 Exempt signs: Provision modified due to revised definition of directional sign, directional signs which specifically classifies sign as a ground sign. 17 23.7 Exempt signs: Language added to prohibit political signs from public property. political signs L SES enc. Draft#4, Sign Ordinance No. 506-C cc: Wayne K. Olson, City Attorney Work group members Greg Last, Community Development Director Chuck Bloomberg,Plans Examiner .` L L.\CITYDOCS\ORD\DRAFTSIGM506-C\CCMEMOI.DOC ' I C� .. Page 3 of 3 ikbe ORDINANCE NO. 506 SIGN ORDINANCE (As amended by Ordinances 506-A and 506-B) (As further amended by Ordinance 506-C) AN ORDINANCE PROVIDING FOR THE COMPREHENSIVE REGULATION OF SIGNS WITHIN THE CITY LIMITS OF SOUTHLAKE, TEXAS; PROVIDING FOR FINDINGS AND PURPOSES FOR THE ADOPTION OF THIS ORDINANCE; PROVIDING FOR DEFINITIONS: PROVIDING FOR THE REMOVAL OF SIGNS: PROVIDING FOR LIMITATIONS ON THE LOCATION. HEIGHT. SIZE. LIGHTING. DURATION AND OTHER REGULATIONS OF SIGNS: PROHIBITING CERTAIN SIGNS: ADDING NEW SIGN CLASSIFICATIONS AND PROVISIONS: PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. (or WHEREAS, the City of Southlake, Texas is a home rule city acting und er its charter adopted by the electorate pursuant to Article XI, Section L5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council of the City of Southlake finds that the uncontrolled proliferation of signs is hazardous to users of streets and highways within the City of Southlake and will adversely affect the safety and efficiency of the city's transportation network; and WHEREAS, the city°council further finds that scenic resources are distributed throughout the city and have contributed greatly to its economic development by attracting tourists, permanent residents, and new businesses and cultural facilities; and WHEREAS, the city council further finds that unless the location, number, setback lighting and size of signs are regulated, the scattering of such signs throughout the city would be detrimental to the preservation of those scenic resources and so to the economic base of the city; and L:\CITYDOCS\ORD`DRAFL\SIGN\506-O506C•DR4.DOC r Draft#4-June 12,1998 Page i I I i Lime WHEREAS,the city council has further determined that the proliferation of signs in the city has an adverse affect on adjacent properties; and WHEREAS, the city council has heretofore developed and adopted a comprehensive plan guiding the orderly and proper growth of the city in order to promote the public health, safety,welfare and aesthetics; and WHEREAS, the city council finds that the orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the city; and WHEREAS, the city council further finds that the regulations adopted herein allow for a reasonable use of signs by businesses, residences and other properties for advertisement, dissemination of protected speech and other purposes; and WHEREAS, the city council finds that, in addition to the above findings, the adoption of this ordinance will serve the following purposes: To preserve, protect, and enhance areas of historical, architectural, cultural, aesthetic, and economic value regardless of whether they are natural or manmade; To protect adjacent and nearby properties, in particular, residentially zoned properties from the impact of lighting, size, height, movement, and location of signs; To protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles, and traffic signs; To enhance the impression of the City which is conveyed to tourists and Coe visitors by controlling the location, number, and size of signs; L:\CITYDOCS\ORD\DRAF\SIGN\506-0506C-DR4.DOC Draft#4-June 12,1998 Page ii rr Ivy L To integrate sign regulations more effectively with other regulations by establishing requirements for setbacks, height, and spacing to allow for lighting, ventilation, and preservation of views in a manner consistent with land uses in the various zoning districts; and To preserve and enhance the appearance of the City and the public interest in aesthetics, and to control and reduce visual clutter and blight; and To provide the institutional entities within the City the ability to communicate public events to the general public:and WHEREAS, the city council deems it necessary to adopt this ordinance in order to protect the health, safety, and welfare of the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: Lor. SECTION 1. The attached regulations are hereby adopted as the Sign Ordinance of the City of Southlake: SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 506 is hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the L:\CITYDOCS\ORD\DRA611SIGN\506-C\S06C-DR4.DOC Draft#4-June 12,1998 Page iii � Ir..Lo L City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 506 or any other ordinances affecting the regulation of signs which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City L:\CITYDOCS\ORDDRAFTSIGN\SO6-C\506C-DR4.DOC Draft#4-June 12,1998 Page iv \ IC�� (libe newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. L L L:\CITYDOCS\ORD\DRAMS1GN\506C'506C-DR4_DOC Draft#4-June 12,1998 Page v � 1C - � PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1998. Lir MAYOR ATTEST: s r CITY SECRETARY EFFECTIVE: APPROVED AS TO FORMMAND LEGALITY: City Attorney L:\CITYDOCS\ORD\DRAFT\SIGN\506-0506C-DR4.DOC Draft#4-June 12,1998 Page vi IICA Lire SIGN ORDINANCE TABLE OF CONTENTS ARTICLE I-IN GENERAL 1 SEC. 1 DEFINITIONS 1 A. GENERAL 1 ARTICLE II-ADMINISTRATION 4 SEC.2 RESPONSIBILITY FOR ENFORCEMENT 4 SEC.3 SIGN PERMIT REQUIRED 4 SEC.4 APPLICATION FOR SIGN PERMIT 4 SEC. 5 FEES 4 SEC.6 CONDITIONAL SIGN PERMIT 5 SEC.7 REVOCATION OF PERMITS 5 SEC. 8 INSPECTION 5 SEC.9 PERMIT VALID FOR ONE HUNDRED EIGHTY(180)DAYS 5 (ow' SEC. 10 INVESTIGATION FEES: WORK WITHOUT A PERMIT 5 SEC. 11 REMOVAL OF SIGNS 6 A. OBSOLETE SIGNS. 6 B. UNSAFE,DILAPIDATED OR DETERIORATED SIGNS .. 6 C. SIGNS ON UTILITY POLES 6 D. SIGNS IN RIGHT-OF-WAYS AND/OR ON PUBLIC PROPERTY 6 E. EXTENT OF SIGN REMOVAL 6 SEC. 12 FILING OF LIENS AGAINST PROPERTY 7 ARTICLE III-APPEALS AND VARIANCES 7 SEC. 13 APPEALS 7 SEC. 14 VARIANCES 7 ARTICLE IV-GENERAL SIGN)ROVISIONS 7 SEC. 15 WIND PRESSURE AND DEAD LOAD REQUIREMENTS 7 SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS 8 A. ATTACHED SIGN 8 B. MONUMENT SIGN 9 C. FREESTANDING SIGN 9 D. GROUND SIGN 10 SEC. 17 PROHIBITED SIGNS 11 A. GENERAL 11 B. OBSCENE SIGNS 11 C. OBSTRUCTING DOORS,WINDOWS,OR FIRE ESCAPES 11 D. OBSTRUCTING VISION/SIGHT TRIANGLE 11 L:\CITYDOCS\ORDDRAFTSIGN\506-Ct506C-DR4.DOC Draft#4-June 12,1998 Page vii ZIP.— IO LE. INTERFERENCE WITH TRAFFIC 11 F. PORTABLE SIGNS 11 G. CERTAIN ILLUMINATED SIGNSPROHIBITED 11 H. SIGNS PROJECTING ON/OVER PUBLIC PROPERTY OR PUBLIC RIGHTS-OF-WAY 12 I. ROOF SIGN 12 J. VEHICULAR SIGNS 12 K. SUBDIVISION MARKETING SIGNS 12 L. OFF-SITE SIGNS 12 ARTICLE V-SPECIFIC SIGN REGULATIONS 12 SEC. 18 SPECIFIC SIGN REGULATIONS 12 SEC. 19 SPECIFIC REGULATIONS APPLICABLE TO ON-SITE SIGNS REQUIRING PERMIT 12 A. BUSINESS SIGNS 12 B. MENUBOARD SIGNS 12 C. SUBDIVISION SIGNS 13 D. INSTITUTIONAL SIGNS 13 E. GASOLINE PRICING SIGNS 13 SEC(new) PERMANENT ON-SITE SIGNS EXEMPT FROM PERMIT A. HOME OCCUPATION SIGNS 14 SEC.20 TEMPORARY SIGNS REQUIRING PERMIT 14 Le A. BANNERS,PENNANTS,AND STREAMERS 14 B. BALLOONS AND OTHER FLOATING DEVICES 14 C. MODEL HOME SIGNS 14 D. SPECIAL PURPOSE SIGNS 14 E. SEARCH LIGHTS 15 F. CONSTRUCTION SIGNS 15 G. DEVELOPMENT SIGNS 15 SEC.21 TEMPORARY SIGNS EXEMPT FROM PERMIT 15 A. SUBDIVISION M A I KETING_SIGNS 15 B. TRADESMAN SIGNS 16 C. REAL ESTATE SIGNS 16 D. WINDOW SIGNS 16 E. GARAGE/YARD SALE SIGNS 16 SEC.22 SPECIFIC REGULATIONS APPLICABLE TO OFF-SITE SIGNS REQUIRING PERMIT 16 A. OFF-SItE DEVELOPMENT SIGNS 16 ARTICLE VI-EXEMPTIONS AND SPECIAL CONDITIONS 17 SEC.23 EXEMPT SIGNS 17 SEC.24 NONCONFORMING EXISTING SIGNS 17 SEC.25 SIGN COPY 17 Le' SEC.26 APPENDICES 17 ** Table of Contents is subject to change during the update process L:\CITYDOCS\ORDDRAFT\SIGN\506-0.506C-DR4.DOC Draft#4-June 12,1998 Page viii ► Xr, II Lise 1 ARTICLE I-IN GENERAL 2 3 SEC. 1 DEFINITIONS 4 5 A. GENERAL 6 7 ALTER: To change the size, shape or outline,or type of sign or to change the electrical lighting, 8 except for the replacement of lamps not brighter than the original or the replacement of a surface 9 panel. 10 11 ATTACH: To stick, tack, nail or otherwise affix a sign to any object; to paint, stencil, write, or 12 otherwise mark on an object. 13 14 BUILDING: A structure which has a roof supported by walls for the shelter,support,or enclosure 15 of persons,animals,or chattel. 16 17 BUILDING OFFICIAL: The Building Official of the City of Southlake,Texas,or his designee. 18 19 COMMENCEMENT OF WORK: For construction of a sign shall be the point in time when the 20 sign has been delivered to the site and attachment to a building has begun or holes are excavated 21 for ground installation. 22 23 DILAPIDATED OR DETERIORATED CONDITION: Any sign which in the opinion of the 24 building official has any of the following characteristics: 25 26 (a)Where elements of the surface or background can be seen, as viewed from the normal 27 viewing distance,to have portions of the finished material or paint flaked,broken off, or 28 missing,or otherwise not in harmony with the rest of the surface;or 29 30 (b) Where the structural support or frame members are visibly bent, broken, dented, or 31 torn;or 32 33 (c) Where the panel is visibly cracked, or in the case of wood and similar products, 34 splintered in such a way as to constitute an unsightly or harmful condition;or 35 36 (d) Where the sign or its elements are twisted or leaning or at angles other than those at 37 which it was originally erected(such as may result from being blown or the failure of a 38 structural support);or 39 40 (e)Where the message or wording can no longer be clearly read by a person with normal 41 eyesight under normal viewing conditions;or 42 43 DISTANCE: Distance of signs from R.O.W. shall mean the shortest horizontal distance from the 44 nearest R.O.W. to a vertial line to the ground from the nearest element of the sign or the shortest 45 horizontal distance in a straight line between the nearest elements of signs. 46 47 ERECT: To build, construct, attach, hang, place, suspend or affix. This shall also include the 48 painting of signs on the exterior surface of a building or structure. 49 50 FACADE: Any separate face of a building,including parapet walls and omitted wall lines, or any 51 part of a building which encloses or covers usable space. Where separate faces are oriented in the 52 same direction,or in the directions within 45 degrees of one another,they are to be considered as 53 part of a single facade. 54 55 GROSS SURFACE AREA OR AREA OF A SIGN: The area of the smallest rectangle which 56 includes the extreme limits of the sign, excluding the supporting structure for the sign. Methods 57 of area measurement shall be in accordance with Appendix'A'. L:\CIT DOGS'CORDDRAFTSIGN\506-0506C-DR4.DOC Draft#4-June 12,1998 Page 1 \ C lg.- Lie 1 HEIGHT: As applied to a sign, height shall be measured as the vertical distance between the 2 highest part of the sign or its supporting structure, whichever is higher, and natural grade at the 3 center of the base of the sign(see Appendix'A'for clarification). 4 5 ILLUMINATION: The enhancement of a sign utilizing electric lights, luminous tubes or other 6 similar means. 7 8 LEASE SPACE: An area of a building separated internally and intended for use by an individual 9 tenant. 10 11 LOGO: Any design or insignia of an organization, individual, company, or product which is 12 commonly used in advertising to identify that organization,individual,company,or product. 13 14 OBSOLETE: Any sign which advertises a business,use or purpose that is no longer in existence. 15 16 PAD SITE: A tract, lot, or land lease intended for the single use of a freestanding building 17 typically adjacent to street R.O.W.and may also be a portion of a tract or lot. 18 19 SETBACK: The distance from the closest portion,whether the support or edge of the sign,to the 20 right-of-way. 21 22 SIGHT TRIANGLE: There shall be two different sight triangles as depicted in the Subdivision 23 Ordinance. One shall be for public and/or private street intersections and the other for the 24 intersection of private non-single family driveways with public or private streets. 25 26 SIGN: Every sign, name, number, identification, description, and announcement, declaration, 27 demonstration, device, display, flag, banner, pennant, illustration, logo, balloon, streamer, 28 valance, advertising display,poster, beacon, light or insignia, and structure supporting any of the 29 same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or 30 maintained upon a piece of land, which directs attention to any object, project, service, place, 31 activity,person,institution,organization,or business. 32 33 SIGN, ATTACHED: Any sign attached to, applied on, or supported by any part of a building 34 (including canopy fascia,walls and awnings)which encloses or covers usable space. 35 36 SIGN,BANNER: A temporary flag,cloth,flexible plastic or canvas material. 37 38 SIGN, BUSINESS: A permanent on-site sign that is used to identify a business, profession, 39 organization, institution, service, }refit,activity or other nonresidential use conducted, sold or 40 offered on the site where such sign is located. This sign may also identify the name of the site or 41 development or may identify the occupants within the site or development. 42 43 SIGN, CONSTRUCTION: A temporary on-site sign identifying the property owner, architect, 44 contractor, engineer, landscape architect, decorator, or mortgagee engaged in the construction or 45 improvement of the site on which the sign is located. 46 47 SIGN. DEVELOPMENT: A temporary sign providing identification or information pertaining to 48 a residential or commercial development to include builders within that development. 49 50 SIGN,DIRECTIONAL: A permanent on-site ground sign intended to aid in vehicular movement 51 on the site. 52 53 SIGN,DIRECTORY: A temporary on-site sign providing direction to or identifying the buildings Li••• 54 in the subdivision. 55 56 SIGN. ENTRY: Any permanent on-site sign identifying a residential subdivision and located on- 57 site. I:\CITYDOCS\ORD\DRAY SIGM506-C1506C-DR4.DOC Draft#4-June 12,1998 Page 2 1 tC- ►3 c... SIGN. FREESTANDING: Any sign connected to the ground by legs, poles, or other supports 2 and which is not an attached,portable,monument,or vehicular sign. 3 4 SIGN. GARAGE/YARD SALE: A temporary sign intended to advertise garage sales or yard 5 sales. 6 7 SIGN GASOLINE PRICING: An element of a monument sign which displays the price per 8 gallon of fuel sold by that business. and which may be periodically changed to reflect fuel 9 prices. 10 11 SIGN. GOVERNMENT: A sign erected by or on behalf of a federal, state or local government or 12 an agency thereof. 13 14 SIGN.GROUND: Any temporary sign erected on vertical framework and used primarily for real 15 estate sales,political,and Subdivision Marketing signs. 16 17 SIGN. INSTITUTIONAL: A permanent on-site sign used to identify overnmental and 18 municipal agencies public schools, churches hospitals, or similar public or quasi-public 19 institutions. (definition for Option'A' -to regulate institutional signs) 20 21 SIGN. MENUBOARD: A sign which displays a menu and pricing for food services and may 22 include an audible speaker and microphone integral to the sign. 23 24 SIGN, MODEL HOME: A temporary real estate sign identifying a homebuilders model home 25 open for inspection. 26 Love 27 SIGN, MONUMENT: Any sign which is connected to the ground and which has no clear space 28 for the full width of the sign between the bottom of the sign and the surface of the ground. 29 30 SIGN. OFF-SITE: A sign which directs attention to a business, commodity, service, good, 31 product, or entertainment not related to the site upon which such sign is located or to which it is 32 affixed. 33 34 SIGN, ON-SITE: Any sign, the content of which relates to the site on which it is located, 35 referring exclusively to businesses, commodities, services, products, goods, or entertainment on 36 the site,or the sale,lease,or construction of those sites. 37 38 SIGN,POLITICAL: A type of off-site sign which refers only to the candidates or issues involved 39 in a political election. 40 41 SIGN,PORTABLE: Any sign which is not attached or affixed to the ground, a building,vehicle, 42 or other fixed structure or object. Portable signs include those signs installed on wheels, trailers, 43 skids,and similar mobile_structures. 44 45 SIGN, READERBOARD (electronic): A sign that utilizes alternating electronic data control 46 components. 47 48 SIGN, READERBOARD (manual): A sign comprised of non-permanent letters, numerals or 49 symbols, which allows a change of sign copy by adding, removing or rearranging said letters, 50 symbols or numerals. 51 52 SIGN,REAL ESTATE: A temporary sign intended to advertise real estate for sale or lease. 53 54 SIGN. SPECIAL PURPOSE: A temporary sign, other than a real estate sign, garage or yard sale Nitre 55 sign, that is either on-site or off-site that provides identification or information pertaining to a 56 special event or occurrence. 57 L.\CITYDOCS\ORD\DRAFRSIGN\506-C\506C-DR4.DOC Draft#4-June 12,1998 Page 3 IIC - ►� 1 SIGN, SUBDIVISION MARKETING: A temporary sign used to market or advertise residential 2 subdivisions and builders and direct interested persons to the subdivision location. 3 4 SIGN,TEMPORARY: Any sign constructed of cloth, canvas, light fabric, cardboard,wallboard, 5 or other like materials,with or without frames, and any type sign not permanently attached to the 6 ground,wall,or building,intended to be displayed for a short period of time only. 7 8 SIGN, TRADESMAN: A temporary on-site sign identifying the contractor performing a 9 construction trade on the site. 10 11 SIGN,VEHICULAR: Any sign which is affixed to a vehicle. 12 13 SIGN, WINDOW: Any sign located on the internal and/or external surface of the window, or is 14 located within two feet(2')of the window,of any establishment. 15 16 SITE: A lot,tract or pad site. 17 18 19 20 ARTICLE II-ADMINISTRATION 21 22 SEC.2 RESPONSIBILITY FOR ENFORCEMENT 23 24 It is the responsibility of the Building Official to interpret, administer and enforce the 25 requirements of this ordinance. 26 Lie 27 SEC.3 SIGN PERMIT REOUIRED 28 29 No person shall erect, alter or display any sign nor shall any person allow the erection, alteration 30 or display of any sign upon any property within the City owned or controlled by him without first 31 obtaining a permit to do so from the City of Southlake,except as hereinafter provided. 32 33 SEC.4 APPLICATION FOR SIGN PERMIT 34 35 Application for a permit shall be made as required by this ordinance and the following 36 information shall be submitted as separate documents: 37 38 a. Application form shall be completed. 39 40 b. General plan that illustrates: 41 - Location of the building, structure, or tract to which or upon which the sign is to be 42 attached or erected. 43 - Position of the sign in relation to rights-of-way, easements, buildings, structures, 44 existing signs,eft. 45 46 c. Sign drawing that illustrates height, length, width, and all other dimensions associated 47 with the sign. 48 49 d. Letter from owner of the property stating that the applicant has permission to erect such 50 signs. 51 52 SEC. 5 FEES 53 Lime 54 All fees for sign permits shall be in accordance with the current fee schedule adopted by the City 55 Council. 56 L:\CITYDOCS\ORD\DRAFTSIGM506-C\S06C•DR4.DOC Draft#4-June 12,1998 Page 4 '' C-i5 Low 1 SEC.6 CONDITIONAL SIGN PERMIT 2 3 A. GENERAL: Notwithstanding anything in this ordinance to the contrary,the erection of a sign or 4 signs may be approved pursuant to this section under a conditional sign permit approved by the 5 City Council. The purpose of this section is to allow for a specialized review of signs which may 6 not be appropriate generally without certain restrictions,but which,if controlled as to the number, 7 size,height, color, location,lighting, or relation to adjacent properties,would promote the health, 8 safety, and welfare of the community. Conditional permitting of signs shall not be based upon 9 the content of the sign, but is intended to allow for the evaluation of the physical impact of the 10 proposed sign on adjacent properties and to ensure adequate mitigation of potentially unfavorable 11 factors, such as the number, size, height, color, location, lighting, and other potentially 12 unfavorable impacts. 13 14 B. APPLICATION: An application for a conditional sign permit shall be submitted to the Building 15 Official and shall include all documents as required by Section 4 of this ordinance. Additionally, 16 the applicant shall submit construction plans drawn by a registered professional engineer or 17 architect in the State of Texas and also provide renderings of the particular sign types, facades, 18 materials,compositions,dimensions,lighting,and colors. 19 20 C. FEES: Fees for conditional sign permits shall be determined in accordance with the current fee 21 schedule adopted by the City Council I T i` "a tf ~ `'e''e"` 3 0izing Table N� " 22 23 SEC. 7 REVOCATION OF PERMITS 24 25 The Building Official may suspend or revoke any permit issued under the provisions of this 26 ordinance whenever it is determined that the permit is issued in error or on the basis of incorrect (kisy, 27 or false information supplied, or whenever such permit is issued in violation of any of the 28 provisions of this ordinance or any other ordinance of this City or laws of this state or the federal 29 government. Such suspension or revocation shall be effective when communicated in writing to 30 the person to whom the permit is issued, the owner of the sign, or the owner of the site upon 31 which the sign is located. Upon such revocation, all construction related to the revoked permit 32 shall cease. 33 34 A person may appeal the revocation of the sign permit to the City Council by filing an appeal in 35 accordance with this ordinance. The City Council shall approve, reverse, or modify the 36 suspension or revocation and such decision shall be final. 37 38 Upon fmal determination that the permit is properly revoked, any portion of the sign in place as a 39 result of the permit shall be removed within 10 days by the owner of the sign or the owner of the 40 site on which the sign is located. Failure to remove the sign shall be deemed a violation of this 41 ordinance. 42 43 SEC. 8 INSPECTION 44 45 The Building Official shall periodically inspect each sign regulated by this ordinance for the 46 purpose of ascertaining whether the same is obsolete and whether it is in need of removal or 47 repair. 48 49 SEC.9 PERMIT VALID FOR ONE HUNDRED EIGHTY(180)DAYS 50 51 If the work authorized by a permit issued under this ordinance has not been commenced within 52 one hundred eighty(180)days after the date of issuance,the permit shall become null and void. 53 Limie 54 SEC. 10 INVESTIGATION FEES: WORK WITHOUT A PERMIT 55 56 A. INVESTIGATION. Whenever any work for which a permit is required by this ordinance has 57 been commenced or completed without first obtaining a permit, a special investigation shall be 58 made before a permit may be issued for such work. L:\CITYDOCS\ORD\DRAFTSIGN\506-C\506C-DR4.DOC Draft#4-June 12,1998 Page 5 11C - 1(0 Lire 1 B. FEE. An investigation fee, in addition to the permit fee, shall be collected whether or not a 2 permit is then subsequently issued. The investigation fee shall be equal to the amount of the 3 permit fee required by this ordinance. 4 5 SEC. 11 REMOVAL OF SIGNS 6 7 A. OBSOLETE SIGNS. Any sign which the Building Official determines to be obsolete, shall be 8 removed by the permit holder, owner of the sign or owner of the site on which the sign is located 9 within ten(10)days after receiving written notification to do so from the Building Official. Upon 10 failure to comply with such notice or to file an appeal of the decision in accordance with this 11 ordinance,the Building Official is authorized to cause the removal of such sign, and any expense 12 incident thereto shall be paid by the permit holder,owner of the sign or owner of the site on which 13 the sign is located. 14 15 B. UNSAFE DILAPIDATED OR DETERIORATED SIGNS. If the Building Official determines 16 that any sign is unsafe or insecure, or is dilapidated or deteriorated,he shall give written notice to 17 remove or replace (in accordance with this ordinance) said sign to the person or persons 18 responsible for such sign. If the permit holder,owner of the sign or owner of the site on which the 19 sign is located fails to remove or repair the sign within ten(10)days after such notice or to file an 20 appeal of the decision in accordance with this ordinance, the Building Official is hereby 21 authorized to cause the removal of such sign. Nothing contained herein shall prohibit the 22 immediate removal, without notice, of any sign or portion of a sign which is determined by the 23 Building Official to be an immediate threat or danger to the public health, safety,or welfare. Any 24 expense incident to the removal of a sign pursuant to this paragraph shall be paid by the permit 25 holder, owner of the sign or owner of the site on which the sign is located. The removal of the 26 sign or portion of the sign shall be limited to the extent necessary to eliminate the threat to the Le 27 public health,safety,and welfare. 28 29 C. SIGNS ON UTILITY POLES. It shall be prohibited to attach any sign to a utility pole located 30 upon any public right-of-way or utility easement and any sign so placed may be removed by City 31 personnel. The permit holder, owner of the sign or owner of the site on which the sign is located 32 shall be charged a sign recovery fee in accordance with the city fee schedule to recover such sign 33 from the City unless the permit holder or owner satisfactorily establishes that such sign was not 34 placed in the right-of-way by the owner of such sign or by any authorized agent,representative,or 35 employee of said owner. Any such sign removed by City personnel may be held for a period of 36 seventy-two (72) hours and upon expiration of such time may be disposed of. The City is not 37 required to notify the permit holder or owner of the sign that it has been picked up or that disposal 38 of the sign is imminent. 39 40 D. SIGNS IN RIGHTS-OF-WAY AND/OR ON PUBLIC PROPERTY. Any sign that is erected, 41 constructed or otherwise located within or upon public right-of-way or on public property may be 42 removed by City Personnel and the permit holder or owner of such sign shall be charged a sign 43 recovery fee in accordance with the city fee schedule to recover such sign from the City. No such 44 fee shall be charged if the'"pennit holder or owner satisfactorily establishes that such sign was not 45 placed in the right-of-way by the permit holder or owner of such sign or by any authorized agent, 46 representative or employee of said owner. Any such sign removed by City personnel may be held 47 for a period of seventy-two(72)hours and upon expiration of such time may be disposed of. The 48 City is not required to notify the permit holder or owner of the sign that it has been picked up or 49 that disposal of the sign is imminent. 50 51 E. EXTENT OF SIGN REMOVAL: The Building Official shall determine to what extent the 52 elements of the sign must be removed to comply with this section. This may include any of the 53 following,but is not limited to the following: L.' 54 55 a. SIGN COPY: Removal of the text or copy portion of the sign. 56 b. SIGN BOX: Removal of the portion of the sign excluding the structural support of the 57 sign. 58 c. ENTIRE SIGN: Removal of all structural elements of the sign. L:ICITYDOCS\ORD`DRAFRSIGM506-(,1506C-DR4.DOC Draft#4-June 12,1998 Page 6 1 SEC. 12 FILING OF LIENS AGAINST PROPERTY 2 3 The city is authorized to file a lien against any property which is not otherwise exempt to recover 4 expenses incurred by the city for the removal of a sign or portion of a sign from the property, 5 pursuant to Section 11E. 6 7 8 9 ARTICLE III-APPEALS AND VARIANCES 10 11 SEC. 13 APPEALS 12 13 Any decision rendered by the Building Official under this ordinance may be appealed to the City 14 Council by any person, agent, or representative affected by such decision. Such appeal must be 15 received within ten (10) days after the placement of a letter in the U.S. mail addressed to the 16 address on the permit or the address of the current owner of record in the County tax records 17 which states the written decision which has been rendered by the Building Official. Such appeal 18 shall be filed in writing with the Building Official specifying the grounds on which the appeal is 19 based. The Building Official shall forthwith transmit to the City Council all documents pertaining 20 to the appealed action. The City Council shall hear the appeal at a City Council meeting as soon 21 as practicable thereafter to determine whether the decision of the Building Official was in 22 accordance with all ordinances and regulations. The decision of the City Council shall be fmal. 23 24 SEC. 14 VARIANCES 25 26 The City Council may authorize variances to any restriction set forth in this ordinance, including (41., 27 but not limited to the number,type, area,height, or setback of signs, or any other aspect involved 28 in the sign permitting process. In granting any variance, the City Council shall determine that a 29 literal enforcement of the sign regulations will create an unnecessary hardship or a practical 30 difficulty on the applicant, that the situation causing the unnecessary hardship or practical 31 difficulty is unique to the affected property and ins not self-imposed, that the variance will not 32 injure and will be wholly compatible with the use and permitted development of adjacent 33 properties, and that the granting of the variance will be in harmony with the spirit and purpose of 34 this sign ordinance. A person may request a variance from the Sign Ordinance by filing the 35 request with the Building Official. Any request for variance shall be accompanied by a completed 36 application and a non-refundable filing fee in the amount specified in the current fee schedule 37 adopted by City Council. (As amended by Ordinance No. 506-B) 38 39 40 41 ARTICLE IV-GENERAL SIGN PROVISIONS 42 43 SEC. 15 WIND PRESSURE AND DEAD LOAD REOUIREMENTS 44 45 All signs shall be designed and constructed to withstand a wind pressure of not less than thirty 46 (30)pounds per square foot of area and shall be constructed to receive dead loads as required by 47 the Uniform Building Code. The sign permit application must include a statement signed by the 48 applicant which states compliance with this requirement. L L.\CITYDOCS\ORD\DRAFINSIGN\506-O506C-DR4.DOC Draft#4-June 12,1998 Page 7 Lore 1 SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS 2 3 A. ATTACHED SIGN 4 5 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this 6 subsection shall be applicable to all attached signs which are allowed under this 7 ordinance. Signs may not be attached to light fixtures, poles, curbs, sidewalks, gutters, 8 streets, utility poles, public buildings, fences, railings, public telephone poles, or trees. 9 The direct painting of signs on buildings shall be prohibited except for signs less than a 10 three(3)square feet area used for building identification. 11 12 2. MAXIMUM LETTER/LOGO HEIGHT: The maximum height allowed for letters or 13 logos shall be based on the following criteria: 14 15 Distance From R.O.W.* Maximum Letter/Logo Height 16 17 Less than 50 ft. 24 inches 18 51 - 100 ft. 30 inches 19 101 - 150 ft. 36 inches 20 151 -200 ft. 42 inches 21 201 -250 ft. 48 inches 22 251 -300 ft. 54 inches 23 301 and greater 60 inches 24 25 * - For any lease space which does not front on a street, the maximum letter/logo 26 height shall be based on the distance from the vehicular driveway access(see An,endix Lor' 27 `B'for further clarification). 28 29 3. MAXIMUM AREA: 1.5 square feet for every one foot of width of building or lease 30 space not to exceed 400 square feet-see Appendix'A'for further clarification. 31 32 4. NUMBER OF SIGNS: Only one attached sign per lease space per street frontage 33 shall be allowed on any site along said street frontage, unless otherwise specifically 34 provided in this ordinance. A secondary sign may be permitted at a public entrance. 35 provided the entrance is on another side of the building, but shall be limited to rfty 36 percent(50%) of the primary sign size or fifty percent(50%) of the permitted sign size, 37 whichever is more restrictive. No more than two(2)attached signs shall be allowed per 38 lease space. 39 40 5. SIGN WIDTH: tt >+ shall be limited i idt to the middle e ft y five 41 Attached signs shall be no 42 closer horizontally to the edge of any building, lease space. or change in vertical 43 articulation than the letter height or six(6) inches, whichever is greater(see Appendix 44 'B'for further clarification). 45 46 6. ROOF LINE LIMITATIONS: In no case shall an attached sign project above the roof 47 line of any building, except those attached to parapet walls and the sign may not extend 48 above the parapet wall. Signs shall be no closer vertically to the eave of the roo Me or 49 overhang than the letter height or six (6) inches. whichever is -reater (see AD'endix 50 `B'for further clarification). Signs attached to a fascia must not extend above or 51 below the projection of the fascia. Signs attached to fascia are only allowed when 52 attached to structural canopy supported to the ground by columns constructed of 53 similar masonry material as the primary structure (See Appendix `B' for further 54 clarification). 55 56 7. ILLUMINATION: Attached signs may only be illuminated utilizing internal lighting. 57 Letters with exposed neon lighting are allowed. 58 L:\CITYDOCS\ORD`DRAFT\SIGN\506-C\506C•DR4.DOC Draft#4-June 12,1998 Page 8 IIC— i9 Lie 1 8. PROTRUSIONS: Attached signs may not protrude farther than eighteen inches (18") 2 from the building,excluding signs attached to canopies. 3 4 9. RESIDENTIAL ADJACENCY: Attached signs shall not be allowed on any facade other 5 than the main front of the building which faces property zoned for single-family 6 residential uses if the sign is within one hundred fifty feet(150') of the property line of 7 said residential property. 8 9 B. MONUMENT SIGN 10 11 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this 12 subsection shall be applicable to all monument signs which are allowed under this 13 ordinance. 14 15 2. MAXIMUM HEIGHT: Six (6) Four (4) feet, excluding monument base. The 16 monument base may be an additional two (2) feet eighteen (18) inches in height 17 measured from ground level at the center of the base to the top of the base. 18 19 3. MAXIMUM AREA: One hundred(100) square feet per sign with 20 a maximum area per sign face of-one 00)fifty(50)square feet. (see Appendix 21 'A'for measurement criteria). 22 • 23 24 4. NUMBER OF SIGNS: Only one monument sign per street frontage, to be placed 25 along each street frontage, excluding menuboard signs, shall be allowed on any site, 26 unless otherwise specifically provided in this ordinance. (itige, 27 28 5. MINIMUM SETBACK: Fifteen(15)feet from any property line. 29 30 6. MATERIAL REQUIREMENTS: All monument sign bases shall be constructed of the 31 same masonry material as the front building facade on the same site or shall be stone or 32 brick. The sign structure must be constructed or covered with the same masonry 33 material as the principal building, or stone, or brick Sculpted aluminum sign panels 34 will be allowed. Sign structure must border the entire perimeter of the sign face at a 35 minimum width of one-eighth(Pb the height of the sign face. 36 37 7. ILLUMINATION: Monument signs may only be illuminated utilizing internal lighting 38 for sculpted aluminum face panels,individual channel lit lettering,or a ground lighting 39 source where the light itself and supporting structure are not visible from public R.O.W. 40 41 C. FREESTANDING SIGN 42 43 ALTERNATIVE 'A' PROHIBIT FREESTANDING SIGNS 44 `► 45 ALTERNATIVE`B' AS FOLLOWS: 46 47 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this 48 subsection shall be applicable to all freestanding signs which are allowed under this 49 ordinance. 50 51 2. LOCATIONS WHERE ALLOWED: 52 tl,the f ll, l: itati . ithstand: 53 54 a. State Highway 111 Frontage: Freestanding v igns shall be allowed on site 55 having f-ontage on S u 1 l,l or f onti-.g o-. . � cle se+ rated : tersec g stre 56 and within two hundred feet (200') of the ultimate R.O.W. for tiS.H. 111; 57 how .e .e feestaand_ , shall be located withie—tom.- hundred feet(2004 of 58 other f eest..nding s AL. f eestanding s shall be allowed closer than one L:\CITYDOCS\ORD\DRAFTSIGN\506-C\506C-DR4.DOC Draft#4-June 12,1998 Page 9 • 2 3 4 . 5 6 b. All Other Sites: One freestanding sign shall be allowed on any site along State 7 Highway 114 which is greater than seven(7) acres in size, includes ten(10) or 8 more contiguous but separate lessees and is developed as a comprehensive 9 development. 10 11 3. MAXIMUM HEIGHT: Maximum height for the sign shall be twenty(20) feet. Further, 12 the sign must be a minimum of seven (7) feet above ground level except for any 13 supporting structure. 14 15 4. MAXIMUM AREA: Maximum area for the sign shall be 0) one- 16 hundred twenty-eight(128)square feet with a maximum of one dred-(400)sixty-four 17 011 square feet per face of sign. The sign may have only two faces and they must be 18 constructed parallel to each other and no more than thirty inches (30") of separation 19 between the faces of the sign. 20 21 5. NUMBER OF SIGNS: Only one sign shall be allowed per qualified site. 22 23 6. MINIMUM SETBACK: Fifteen(15)feet from any property line. 24 25 7. MATERIAL REQUIREMENTS: The support structure for the sign shall be double pole 26 and shall be constructed or covered with materials which match the masonry portion of 27 the principal building on the site or shall be stone or brick. No single pole freestanding Lie 28 signs shall be allowed. Freestanding signs require a border around the entire perimeter 29 of the sign face at a minimum width of one-eighth CM the height of the sign face. and 30 must be constructed or covered with the same masonry material as the principal 31 building.or stone.or brick. 32 33 8. ILLUMINATION: Freestanding signs may only be illuminated internal lighting. No 34 lighting source external to the sign may be exposed. This does not prohibit exposed neon 35 lighting. 36 37 9. RESIDENTIAL ADJACENCY: No freestanding sign shall be allowed within-ore 38 hundred fifty feet (150')four hundred feet (400') of any property zoned for single- 39 family residential uses or designated as Low or Medium Density Residential on the 40 currently adopted Land Use Plan. 41 42 D. GROUND SIGN 43 44 1. GENERAL: Urdless otherwise specifically provided, the regulations set forth in this 45 subsection shall be applicable to all ground signs. 46 47 2. LOCATION LIMITATIONS: No signs shall be placed within public right-of-way. 48 49 3. MAXIMUM HEIGHT: Four feet(4') Three feet(3') 50 51 4. MAXIMUM AREA: Twelve (12)Eight(8) square feet with a maximum of six-(6) our 52 (. l square feet per sign face. 53 54 5. NUMBER OF SIGNS: Maximum of two(2)signs per site. Name 55 56 57 58 L:\CITYDOCS\ORD'DRAFTSIGN\506-C\506C-DR4.DOC I r Draft#4-June 12,1998 Page 10 Lr' 1 SEC. 17 PROHIBITED SIGNS 2 3 A. GENERAL 4 5 Any sign which is not specifically permitted in Articles V and VI of this ordinance shall be 6 prohibited. 7 8 B. OBSCENE SIGNS 9 10 No person shall erect or allow to be displayed upon site owned or controlled by him a sign in 11 which the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is 12 patently offensive because it affronts community standards relating to the description or 13 representation of sexual matters,and is utterly without redeeming social value. 14 15 C. OBSTRUCTING DOORS.WINDOWS.OR FIRE ESCAPES 16 17 No person shall erect or display on any site any sign which prevents free ingress to or egress from 18 any door,window,or fire escape. 19 20 D. OBSTRUCTING VISION/SIGHT TRIANGLE 21 22 No person shall erect or display on any site any sign in such a manner as to obstruct free and clear 23 vision at any location, street, intersection, or driveway. All signs placed at any intersection shall 24 prevent such problem by observing a sight triangle as provided for in Section 1, "Defmitions." 25 26 E. INTERFERENCE WITH TRAFFIC (taw 27 28 No person shall erect or display on any site any sign which interferes with vehicular or pedestrian 29 traffic as a result of the position, size, shape, movement, color, fashion, manner, or intensity of 30 illumination or any other characteristics causing such interference. Nor shall any person erect or 31 allow to be displayed any sign in such a manner as to interfere with, obstruct the view of, or be 32 confused with any authorized traffic sign, signal, or device, including, without limitation, signs 33 making use of the words"stop," "go," "look," "slow," "danger,"or any other similar word,phrase, 34 symbol or character, or employ any red, yellow, green, or other colored lamp or light in such a 35 manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. 36 37 F. PORTABLE SIGNS 38 39 No person shall erect or allow to be displayed any portable sign; except, however, that upon a 40 majority vote by the City Council, a conditional use permit may be issued to any non-profit 41 organization for an on-site portable sign. Permits shall be issued for one thirty (30) day period 42 with at least ninety(90)days separation between permits. 43 44 G. CERTAIN ILLUMINATBD SIGNS 45 46 1. No sign shall be illuminated to such an intensity or in such a manner as to cause a glare 47 or brightness to a degree that it constitutes a hazard or nuisance to traffic. Moving, 48 flashing, intermittent lighted, changing color, revolving, or similarly constructed signs 49 shall not be allowed. It is further provided that a sign which uses illumination to provide 50 time of day and/or temperature only shall not constitute a flashing sign. 51 52 2. No lighted sign shall be erected or displayed within one-hundred fifty (150) feet of a 53 single-family residentially zoned property unless the lighting is shielded from view of the 54 residentially zoned property and indirect light does not exceed 1/2 lumen measured from 55 any property line of the residentially zoned property. 56 57 58 L:\CITYDOCS\ORD\DRAFTSIGN\506-C\506C-DR4.DOC Draft#4-June 12,1998 Page 11 C • LiH.2 SIGNS PROJECTING ON/OVER PUBLIC PROPERTY OR PUBLIC RIGHTS-OF-WAY 3 It shall be prohibited to erect or allow to be displayed any type of sign on or over public right-of- 4 way (ROW) or other public property, unless the same be erected by the City, County, State or 5 other authorized governmental agency,or with the permission of the City,for public purposes. 6 7 I. ROOF SIGNS PROHIBITED 8 9 Any sign erected on a vertical framework supported by and located immediately and entirely over 10 the roof of a building is prohibited. The painting or otherwise affixing of signs on a roof is 11 prohibited. 12 13 J. VEHICULAR SIGNS 14 15 Signs attached to or upon any vehicle shall be prohibited where any such vehicle is allowed to 16 remain parked in the same location, or in the same vicinity, at frequent or extended periods of 17 time where the intent is apparent to be one of using the vehicle and signs for purposes of 18 advertising an establishment, service or product. No person shall attach any sign to a trailer. 19 skid, or similar mobile structure. where the primary use of such structure is to provide a base 20 for such sign or to constitute the sign itself This provision shall not be interpreted to prohibit 21 identification signs on vehicles used for business purposes. Vehicles operating under a City 22 franchise shall be excluded from this provision. 23 24 K. SUBDIVISION MARKETING SIGNS 25 26 No person shall erect or allow to be displayed on any site subdivision marketing signs. Lie 27 28 L. OFF-SITE SIGNS 29 30 Unless otherwise specifically permitted by provisions set forth in this ordinance, no person shall 31 erect or allow to be displayed on any site any off-site signs. 32 33 34 35 ARTICLE V-SPECIFIC SIGN REGULATIONS 36 37 SEC. 18 SPECIFIC SIGN REGULATIONS 38 39 This article regulates the type of sign structure allowed for each type of sign permitted by this 40 ordinance. Each of the signs identified in this article is subject to the general sign provisions set 41 forth in Article IV except where modifications to the general regulations are noted. 42 43 SEC. 19 ON-SITE SIGNS REOUIRING PERMIT 44 45 Unless otherwise specifically provided, the regulations set forth in this article shall be applicable 46 to all of the following signs. 47 48 A. BUSINESS SIGN 49 1. PERMITTED SIGN STRUCTURE: Attached,freestanding and/or monument 50 2. MODIFICATIONS TO GENERAL REGULATIONS: None 51 52 B. MENUBOARD SIGN(Previous Sec. 19(B)deleted by Ordinance 506-B) 53 1. PERMITTED SIGN STRUCTURE: Freestanding,monument and/or attached Le., 54 2. MODIFICATIONS TO GENERAL REGULATIONS: 55 a. MAXIMUM HEIGHT: Six feet (6'), freestanding sign may extend to ground 56 level. 57 b. MAXIMUM AREA: Twenty four (24) square feet. Only one face will be 58 allowed per sign. L:\CITYDOCS\ORD.DRAFTS►GN\506-C\506C-DR4.DOC Draft#4-June 12,1998 Page 12 IIC -a-3 • • Law? I c. MAXIMUM NUMBER OF SIGNS: No more than two(2)signs per site. 2 d. LOCATION LIMITATIONS: All menuboard signs must be located at the side 3 or rear of the principal building. 4 5 C. SUBDIVISION SIGNS 6 1. ENTRY SIGN 7 a. PERMITTED SIGN STRUCTURE: Monument and/or attached 8 b. MODIFICATIONS TO GENERAL REGULATIONS: 9 1. MAXIMUM HEIGHT: Attached sign may not project above top of 10 wall 11 2. MAXIMUM AREA: 12 13 , 14 Attached: Thirty-two(32)square feet 15 3. MAXIMUM NUMBER OF SIGNS: One (1) monument sign or two 16 attached wall plaque signs (i.e. not a combination thereof) per street 17 entrance 18 19 2. DIRECTORY SIGN 20 a. PERMITTED SIGN STRUCTURE: Freestanding and/or monument 21 b. MODIFICATIONS TO GENERAL REGULATIONS: 22 1. MAXIMUM HEIGHT: Twelve(12)feet for freestanding 23 2. MAXIMUM AREA: One hundred(100) square feet with a maximum 24 of Fifty(50)square feet per sign face 25 3. MINIMUM SETBACK: Fifteen(15)feet from right-of-way 26 4. MAXIMUM NUMBER OF SIGNS: One(1)sign per street entrance (tire 27 5. RESIDENTIAL ADJACENCY: Not applicable 28 6. LOCATIONS WHERE ALLOWED: Only distance measurements 29 shall apply 30 31 ALTERNATIVE'A'-REGULATE INSTITUTIONAL SIGNS AS FOLLOWS: M 32 33 ALTERNATIVE `B' -DO NOT REGULATE INSTITUTIONAL SIGNS 34 35 D. INSTITUTIONAL SIGNS 36 1. PERMITTED SIGN STRUCTURE: Attached and/or monument 37 2. MODIFICATIONS TO GENERAL REGULATIONS: 38 a. GENERAL: 39 1. Messages on readerboards. whether electric or manual. may not 40 scroll.flash.nor change more frequently than once a day. 41 2. Manual readerboard signs using alphabetical lettering must have a 42 lockable covering. 43 b. MAXIMUM AREA: Cannot exceed two-thirds(2/3) of the gross surface area 44 perfacenf the sign. 45 46 E. _GASOLINE PRICING SIGNS 1 47 . PERMITTED SIGN STRUCTURE: Monument 48 2. MODIFICATIONS TO GENERAL REGULATIONS: 49 a. MAXIMUM AREA: Cannot exceed two-thirds(2/3) of the gross surface area 50 per face of the sign. 51 b. Sign. whether electric or manual. may not scroll, flash, nor change more 52 frequently than once a day. 53 Liage, 54 55 56 57 58 L:\CITYDOCS\ORDIDRAFSSIGM506-C\S06C-DR4 DOC Draft#4-June 12,1998 Page 13 1 LiSEC. (new) PERMANENT SIGNS EXEMPT FROM PERMIT 2 3 A. HOME OCCUPATION SIGNS 4 1. PERMITTED SIGN STRUCTURE: Attached 5 2. MODIFICATIONS TO GENERAL REGULATIONS: 6 a. MAXIMUM AREA: One(1)square foot 7 E MAXIMUM NUMBER OF SIGNS: One(1) 8 c. LOCATION OF SIGNS: Any sign must be non-illuminated and mounted flat 9 against the wall at the entrance of the home occupation. 10 11 SEC. 20 TEMPORARY SIGNS REQUIRING PERMIT 12 13 A. BANNERS,PENNANTS.AND STREAMERS 14 1. PERMITTED SIGN STRUCTURE: Attached 15 2. MODIFICATIONS TO GENERAL REGULATIONS: 16 a. MAXIMUM AREA: One hundred (100) square feet (no maximum for 17 streamers) 18 b. MINIMUM SETBACK: Fifteen(15)feet from right-of-way 19 c. MAXIMUM NUMBER OF SIGNS: Two (2) total per site; no more than one 20 banner per business per street frontage 21 d. DURATION: 22 Maximum fifteen (1 5) days. twice per calendar year with a sixty (60) day 23 separation between permits. 24 e. ATTACHMENTS: All corners of banners or pennants must be attached to the 25 supporting structure 26 f. ROOF LINE LIMITATIONS: Streamers shall be allowed above the roof line. L27 28 B. BALLOONS AND OTHER FLOATING DEVICES 29 1. PERMITTED SIGN STRUCTURE: Attached 30 2. MODIFICATIONS TO GENERAL REGULATIONS: 31 a. MAXIMUM HEIGHT: Fifty(50)feet to end of tether line 32 b. MINIMUM SETBACK: Fifteen(15)feet from right-of-way 33 c. MAXIMUM NUMBER OF SIGNS: One balloon or floating device having a 34 capacity greater than three (3) cubic feet of air per site. No limit to number of 35 smaller balloons 36 d. DURATION: 37 Maximum nine (9) days. twice per calendar year with a-minimum sixty (60) 38 day separation between permits 39 e. ROOF LINE LIMITATIONS: Not applicable 40 41 C. MODEL HOME SIGNS 42 1. PERMITTED SIGN STRUCTURE: Monument,freestanding,and/or ground 43 2. MODIFICATIONS TO GENERAL REGULATIONS: 44 a. MAXIMUM HEIGHT: Six (6) feet; freestanding signs may extend to ground 45 level 46 b. MAXIMUM AREA: One hundred(100) square feet with a maximum of Fifty 47 (50)square feet per sign face 48 c. MINIMUM SETBACK: Fifteen(15)feet from any property line 49 d. MAXIMUM NUMBER OF SIGNS: One(1)sign per builder per subdivision 50 e. MATERIAL REQUIREMENTS: Not applicable 51 f. LOCATIONS WHERE ALLOWED: Not applicable 52 g. RESIDENTIAL ADJACENCY: Not applicable 53 54 D. SPECIAL PURPOSE SIGNS 55 1. PERMITTED SIGN STRUCTURE: Attached and/or freestanding 56 2. MODIFICATIONS TO GENERAL REGULATIONS: 57 a. MAXIMUM AREA: One hundred(100) square feet with a maximum of Fifty 58 (50)square feet per sign face L:\CITYDOCS\ORD\DRAF\SIGN\506-C\506C•DR4.DOC Draft#4-June 12,1998 Page 14 • 1 b. MAXIMUM NUMBER OF SIGNS: Four(4)total per event or occasion 2 c. PLACEMENT TIME: May be placed thirty (30) days before the event or 3 occasion commences but must be removed within three (3) days after 4 termination thereof. No more than twice a year. 5 d. MATERIAL REQUIREMENTS: Not applicable 6 e. LOCATIONS WHERE ALLOWED: Not applicable 7 f. RESIDENTIAL ADJACENCY: Not applicable 8 9 E. SEARCH LIGHTS 10 1. PERMITTED SIGN STRUCTURE: Freestanding 11 2. MODIFICATIONS TO GENERAL REGULATIONS: 12 a. MAXIMUM HEIGHT: Not applicable 13 b. MAXIMUM NUMBER OF SIGNS: Two(2)per site 14 c. DURATION: Seven (7) days, twice a calendar year with a sixty (60) day 15 separation between permits. 16 d. MATERIAL REQUIREMENTS: Not applicable 17 18 F. CONSTRUCTION SIGNS 19 1. PERMITTED SIGN STRUCTURE:Monument, freestanding,and/or ground 20 2. MODIFICATIONS TO GENERAL REGULATIONS: 21 a. MAXIMUM NUMBER OF SIGNS: One(1)per street frontage per site 22 b. DURATION: Sign may be installed at any time after the issuance of the 23 building permit for a commercial development or approval of the developers 24 agreement for a residential subdivision. The sign must be removed upon the 25 issuance of a certificate of occupancy for a commercial development and upon 26 the issuance of a C.O. on seventy-five percent (75%) of 27 the lots within the subdivision for a residential subdivision. Le 28 c. MATERIAL REQUIREMENTS: Not applicable 29 d. RESIDENTIAL ADJACENCY: Not applicable 30 e. LOCATIONS WHERE ALLOWED: Not applicable 31 32 G. DEVELOPMENT-SIGNS 33 1. PERMITTED SIGN STRUCTURE:Monument, freestanding,and/or ground 34 2. MODIFICATIONS TO GENERAL REGULATIONS: 35 a. MAXIMUM NUMBER OF SIGNS: One(1)per street frontage per site 36 b. DURATION: Sign may be installed at any time after the issuance of the 37 building permit for a commercial development or approval of the developers 38 agreement for a residential subdivision. The sign must be removed upon the 39 issuance of a certificate of occupancy for a commercial development and upon 40 the issuance of a C.O. on seventy-five percent (75%) of 41 the lots within the subdivision for a residential subdivision. 42 c. MATERIAL REQUIREMENTS: Not applicable 43 d. RESIDENTIAL ADJACENCY: Not applicable 44 e. LOCATIONS WHERE ALLOWED: Not applicable 45 46 SEC. 21 TEMPORARY SIGNS EXEMPT FROM PERMIT 47 48 A permit shall not be required for the following signs: 49 50 A. 51 -l. PERMITTED SIGN STRUCTURE: Ground 52 2 MODIFICATIONS TO GENERAL REGULATIONS: 53 Lie 54 ' 55 b- ' 56 57 ten feet(10')apart 58 e- L.\CITYDOCS\ORD\DRAF\SIGN\506-C\506C-DR4.DOC Draft#4-June 12,1998 Page 15 Le 1 B. TRADESMAN SIGNS 2 1. PERMITTED SIGN STRUCTURE: Ground 3 2. MODIFICATIONS TO GENERAL REGULATIONS: 4 a. DURATION: Signs may only be placed after issuance of a building permit and 5 must be removed upon completion of the construction trade advertised 6 7 C. REAL ESTATE SIGNS 8 1. PERMITTED SIGN STRUCTURE: Ground,freestanding,monument and/or attached 9 2. MODIFICATIONS TO GENERAL REGULATIONS: 10 a. MAXIMUM HEIGHT: Ten(10) feet for ground;below roof line for attached 11 b. MAXIMUM AREA: Fifty(50)square feet 12 c. MAXIMUM NUMBER OF SIGNS: One(1)sign for every five(5)acres 13 14 D. WINDOW SIGNS 15 Window signs are permitted, provided such signage does not obscure more than fifty pereent 16 (509/0) twenty-five percent (25%) of the total window area. Where multiple windows exist 17 frontine on a sin le street or sidewalk. the 25 percent visibility shall be maintained for the total 18 window area facing such street or sidewalk. No illuminated window signs shall be allowed 19 within two feet of the window glazing except for open/closed signs. 20 21 E. GARAGE/YARD SALE SIGNS 22 1. PERMITTED SIGN STRUCTURE: Ground 23 2. MODIFICATIONS TO GENERAL REGULATIONS: 24 a. MAXIMUM NUMBER OF SIGNS: Four(4)per sale 25 b. LOCATION OF SIGNS: No sign may be placed along a freeway or regional 26 arterial. Must be a minimum distance of one hundred (100)feet from an (ow 27 intersection of a regional arterial. 28 b.c. PLACEMENT TIME: 12:00 Noon Friday to 12:00 Noon Monday or on any 29 legal holiday 30 31 SEC. 22 SPECIFIC REGULATIONS APPLICABLE TO OFF-SITE SIGNS REQUIRING PERMIT 32 33 A. OFF-SITE DEVELOPMENT SIGNS 34 1. PERMITTED SIGN STRUCTURE: Freestanding,monument or ground 35 2. MODIFICATIONS TO GENERAL REGULATIONS 36 a. MAXIMUM HEIGHT: Fifteen(15)feet for freestanding 37 b. MAXIMUM AREA: One hundred (100) square feet with a maximum of fifty 38 (50)square feet per sign face 39 c. MINIMUM SPACING: One-hundred (100) feet, measured radially from all 40 other off-site development signs 41 d. MAXIMUM NUMBER OF SIGNS: One(1)per subdivision plus an additional 42 sign for any subdivision with more than two hundred(200)platted lots 43 e. REQUIRED REMOVAL: All off-site subdivision signs must be removed upon 44 permits being issued to build upon seventy-five percent 45 (75%)of the lots being advertised 46 47 48 L L:\CITYDOCS\ORD\DRAFT\SIGN\506-C\506C•DR4.DOC Draft#4-June 12,1998 Page 16 11C. -a-7 L1 2 ARTICLE VI-EXEMPTIONS AND SPECIAL CONDITIONS 3 SEC. 23 EXEMPT SIGNS 4 5 The following signs are exempted from the requirements of this ordinance: 6 7 -1, Signs en yr hieles unless the g a t a a . L a ff �� 8 9 10 � i r� �J •b r ~ r 11 12 13 14 15 2. Warning,security signs•anfl-Elifeetiefial-sigfts-fer-pafkingr etc:. 16 17 3. Government signs and signs for non-profit organizations sponsored by government 18 including flags,insignia,legal notices,informational,directional,and traffic signs. 19 20 4. "No Dumping"and"No Trespassing"signs. 21 22 5. All signs not visible from off the site. 23 24 6. Signs in public parks placed inside ballfield fencing by the City which are intended for 25 advertising to raise funds for recreation programs which have copy on only one face with 26 the copy facing toward the interior of the field. 27 28 29 7. Political signs not within public right-of-way nor on public property. 30 SEC.24 NONCONFORMING EXISTING SIGNS 31 32 All signs that are lawfully in existence on the date of adoption of this ordinance may exist in their 33 present form, but no such signs shall be altered, or moved unless a permit be issued pursuant to 34 the provisions of this ordinance. Permits granted prior to the passage of this ordinance shall be 35 renewed only if the applicant complies with all provisions of this ordinance. 36 37 Any legal, non-conforming sign which has been substantially destroyed or dismantled for any 38 purpose other than maintenance shall be deemed as completely destroyed if the cost of repairing 39 the sign is more than 60%of the cost of erecting a new sign of the same type at the same location. 40 Under this provision,the sign shall be removed and a permit shall be required to erect a new sign. 41 42 SEC. 25 SIGN COPY 43 44 Notwithstanding anything' ontained herein to the contrary, any sign authorized in this ordinance 45 is allowed to contain non-commercial(ideological)copy in lieu of any other copy. 46 47 SEC.26 APPENDICES 48 49 It is anticipated that the following appendices will be changed periodically by the Building 50 Official in response to changes in the administration of this ordinance. L L:\CITYDOCS\ORD\DRAFTSIGN\506-C\506C-DR4.DOC Draft#4-June 12,1998 Page 17 l( c-a-6 LP' 1 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 2 1998. 3 4 5 6 7 MAYOR 8 9 10 ATTEST: 11 12 13 14 CITY SECRETARY 15 16 17 18 19 20 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 21 ,1998. 22 23 24 25 26 MAYOR (6100, 27 28 29 ATTEST: 30 31 32 33 CITY SECRETARY 34 35 36 37 38 39 EFFECTIVE: 40 41 42 43 APPROVED AS TO FORM AND LEGALITY: 44 45 46 47 48 49 City Attorney 50 L L:\CITYDOCS\ORD\DRAF\SIGN\506-C\506C-DR4.DOC Draft#4-June 12,1998 Page 18 �I � �a1 APPENDIX 'A' L. METHODS OF AREA MEASUREMENT ATTACHED SIGNS 12' EXHIBIT A-1 3' I 6' I 3' SIGN STRUCTURE: Attached 16 1LI.iJJ 3' HEIGHT: Letter height-3' 1,�, AREA: 18 s.f. (3'x 6') 14' T.1. NOTES: Attached ``signs shall be no closer horizontally to the edge of any building, lease 8 space, or change in vertical articulation than the letter height or six(6) inches,whichever is • greater. 12' EXHIBIT A-2 1'-6"I 9' 1.-6" (NW SIGN STRUCTURE: Attached ?' 1111r111411711111711M111111111111;11111IIIIM HEIGHT: Letter/Logo height- 12" 'I. 111f!i111I111011111J11111111i!'llll AREA: 36 s.f. (4'x 9') 1' 11!llmu1iIIIIQU/I11I11IIIU1111111111 NOTES: Attached signs shall be no closer 14' iiiiigiiiiiigiiiiiiiiiiiiiiiiiigiiiiiiii horizontally to the edge of any building, lease .......................:... space, or change in vertical articulation than g• ■■■■ the letter height or six(6) inches,whichever is greater. ■■■■ w 20' EXHIBIT A-3 30• 15' 30" 1111/11111111111111111111111111111111111111 SIGN STRUCTURE: Attached r i: ,,4�.. IGN HER HEIGHT: Letter height-30" I AREA: 60 s.f. (4 x 15) 111111111111111111111111111111111111111111 NOTES: Attached signs shall be no closer horizontally to the edge of any building, lease 1.1.111111H space, or change in vertical articulation than the letter height or six(6) inches,whichever is greater. .111.1111111 L\CITYDOCS\ORDORAFTSIGN1506-C\APPNDIX.VSD t I C Draft#4-June 12, 1998 Page 19 APPENDIX 'A' Noe METHODS OF AREA MEASUREMENT MONUMENT SIGNS EXHIBIT A-4 SIGN STRUCTURE: Monument TOTAL HEIGHT: 4' 12' —1' I 10' 11'— AREA: 30 s.f. (3'x 10') NOTES: The sign structure must be constructed or covered with the same masonr y material as 4, 3' the principal building, or stone, or brick. Sign 9 str ucture uc r to a mus t bord er th e e entire perimeter of eter the 1. sign face at a minimum widthof - one-eighth hth (1/8) 6"9 the height of the sign face. Sign may be illuminated utilizing individual channel lit lettering or a ground lighting source,where the light itself and supporting structure may not be visible from public R.O.W. EXHIBIT A-5 15' ISIGN STRUCTURE: Monument —6" 14' 6"— TOTAL HEIGHT: 4'-6"(at centerline) Law' AREA: 42 s.f. (3'x 14') 3' 4'6" NOTES: The sign base and/or structure must be 5' constructed or covered with the same masonry material as the principal building, or stone, or 6" brick. Sign structure must border the entire perimeter of the sign face at a minimum width of one-eighth (1/8) the height of the sign face. sloped ground Sculpted aluminum sign panels will be allowed, which may be illuminated using internal lighting. EXHIBIT A-6 SIGN STRUCTURE: Monument TOTAL HEIGHT: 5' 12' 10' '1'• AREA: 20 s.f. (2'x 10') NOTES: The sign base and/or structure must be 1' constructed or covered with the same masonry material as the principal building, or stone, or "2 brick. Sign structure must border the entire 5' perimeter of the sign face at a minimum width of one-eighth (1/8) the height of the sign face. SignLose' 1' may be illuminated utilizing internal lighting for �. sculpted aluminum face panels, individual I channel lit lettering, or a ground lighting source, where the light itself and supporting structure may not be visible from public R.O.W. L\CITYDOCS\ORD\DRAFIrSIGM506-C\APPNDIX.VSD I A 3, Draft#4-June 12, 1998 Page 20 APPENDIX 'A' METHODS OF AREA MEASUREMENT FREESTANDING SIGNS ,o' -r I 8' I,i' EXHIBIT A-7 SIGN STRUCTURE: Freestanding ■ 10' 8' Sign HEIGHT: 1 T AREA: 64 s.f. (8'x 8') NOTES: Supporting structure must be ,' constructed or covered with the same masonry material as the principal building on the site, stone or brick. Sign requires a border around the entire perimeter of the sign at a minumum width of one-eighth (1/8)the height of the sign face, to be constructed of the same masonry material as the principal building, or stone, or (kw" brick. 8' EXHIBIT A-8 -1' 6' : SIGN STRUCTURE: Freestanding , HEIGHT: 20'(at centerline) SIGNS AREA: 36 s.f. (6'x 6') N 6 8 NOTES: Supporting structure must be 18 constructed or covered with the same masonry 22,20' G N S material as the principal building"bn the site, . stone or brick. Sign requires a border around the entire perimeter of the sign at a minumum width of one-eighth (1/8)the height of the sign face, to be constructed of the same masonry material as the principal building, or stone, or brick. sloped ground Car' L.\CI7YDOCS\ORD\DRAFRSIGhS06C\APPNDIXVSD c Draft#4-June 12, 1998 Page 21 APPENDIX 'A' Lige METHODS OF AREA MEASUREMENT FREESTANDING AND GROUND SIGNS 8' EXHIBIT A-10 -i'1 -6'--J1'- 1' SIGN STRUCTURE: Freestanding —r HEIGHT: 17' 4' SIGN 8' 10' AREA: 48 s.f. (8'x 6') r SIGN =; NOTES: Supporting structure must be '' '------------------ constructed or covered with the same masonry _'' -; SIGN- material as the principal building on the site, ----------- ' stone or brick. Sign requires a border around the entire perimeter of the sign at a minumum width of one-eighth (1/8)the height of the sign 7, face, to be constructed of the same masonry material as the principal building, or stone, or brick. EXHIBIT A-11 3 SIGN STRUCTURE: Ground \� 4q 2' HEIGHT: 4' 4' 2' AREA: 6 s.f. (2'x 3') L L:\CITYDOCS\ORD\DRAF I\SIGN\506-C\APPNDIX.VSD 1 1 C -.333raft#4-June 12, 1998 Page 22 APPENDIX 'B' Cir SELECTED GRAPHIC CLARIFICATIONS Sections 16.A.2 and 16.A.4-For any lease space which does not front on a street,the maximum letter/logo height shall be based on the distance from the vehicular driveway access. Only one attached sign per street frontage shall be allowed on any site along said street frontage, unless otherwise specifically provided. A secondary sign may be permitted at a public entrance, provided the entrance is on another side of the building, but shall be limited to fifty percent(50%) of the primary sign size or fifty percent (50%) of the permitted sign size, whichever is more restrictive. No more than two (2) attached signs shall be allowed per lease space. Drive Parking I I I I I I I I 60' So 30" logo 30" letter/logo 20" letter/logo _ 24" i lease lease space lease letter/ space space logo public� entrance public entrance 111110 15"letter/logo 10" le logo L Parking Section 16.A.5 -Attached signs shall be no closer horizontally to the edge of any building, lease space, or change in vertical articulation than the letter height or six(6)inches,whichever is greater. 24"• .24".18". .18". .24" 24", • 24 SINE & :SONS , I SUBS 18' 1 1 SIGN r ..... S[CN� 24., I i I CITY I` I .1 I ,L 1:� i �,. 1:. L:\CITYDOCS\ORD\DRAF DSIGM506-C\APPNDIx.VSD 1 (C, 3/ Draft#4-June 12, 1998 Page 23 APPENDIX 'B' SELECTED GRAPHIC CLARIFICATIONS Section 16.A.6 - Signs shall be no closer vertically to the eave of the roofline or overhang than the permitted letter height or six(6)inches,whichever is greater. IIIIII W_ 24„ II 111�11 24" • ��, f Ni4IIIIII Rim Hum IIIIII Him IIIIII IIIIII IIIIII . IIIIII IIIIII ` ? IIIIII IIIIII IIIIII min milt Him IIIIII IIIIII IIIIII • Section 16.A.6 -Signs attached to a fascia must not extend above or below the projection of the fascia. Such signs are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure. Sign face --► I Column L:\CITYDOCS\ORD\DRAF\SIGM506-C\APPNDIX.VSD raft#4-June 12, 1998 Page 24 i