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1998-07-07 CC Packet City of Southlake,Texas . (1111.1 MEMORANDUM 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 July 7, 1998 (Note that the CIP Report is included in the front pocket of your packet.) 1. Agenda Item No. 5A. Ordinance No. 480-284 (ZA98-056), First Reading, Zoning Change, "AG" to "SF-lA", Tract 1D, Absolom H. Chivers Survey, Abstract No. 299. This is a 2.477 acre tract for which the owner is proposing a single lot for a residential home. There are no unresolved issues related to this item. The Planning and Zoning Commission approved this request (7-0) on July 18, 1998. Feel free to contact Senior Planner Dennis Killough should you have any questions regarding this application. 2. Agenda Item No. 5B. Authorize the Mayor to enter into a developer agreement for Napa Valley, Phase II. This developers agreement is fairly straightforward. There is one slight variation within the general requirements pertaining to bonding. The developer has chosen not to provide the usual requirements of cash escrow, letter of credit, performance bond, or payment bond at this time, but a maintenance bond is still required. Therefore, no building permits will be issued until the developer obtains these documents. Usually developers obtain these documents so that 10% of the lots can be released and building permits issued. In this case, no building permits will issued until development is accepted by the City or the developer obtains these documents. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 2 of 20 On June 8, the Park Board considered the park dedication requirements for Napa Valley, Phase II. This is a plat revision; the developer had previously paid park dedication fees for the original eleven (11) lots at the then-required assessment of $500 per lot. He has now acquired some additional acreage, essentially adding three more lots and revising lot 11. The developer requested to pay fees of $1000 for each of the four (4) lots in lieu of park land dedication. He also requested credit for the $500 he had already paid for lot 11, for a total assessment of $3,500. The Park Board unanimously approved this request. Please contact Deputy Director of Public Works Charlie Thomas if you have questions regarding this item. 3. Agenda Item No. 5C. Authorize the Mayor to enter into a commercial developer agreement for Georgetown Phase IV. This is a standard developers agreement with only two points of note. The developer presented to Park Board on June 8, and requested to pay fees of $800 per acre in lieu of park land dedication. The total assessment was $2,016 for the 2.52 acre development. The Park Board recommended that fees be paid in that amount. The only other variation from the standard agreement is the discussion of off-site drainage. The developer agrees to construct storm sewer within the right of way of FM 1709 to connect to the TxDOT storm sewer system. Please contact Charlie Thomas if you have questions regarding this item. 4. Agenda Item No. 5D. Resolution No. 98-49, ZA98-043, Specific Use Permit for outside storage of plants and other greenery for Wal-Mart. The applicant and the City have requested that this item be tabled until the July 21, 1998 City Council Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 3 of 20 meeting. Recall that this item had been tabled previously to July 7 in order to give us time to meet with the store manager and the district manager. Tuesday of last week, June 23, Councilmembers Kendall, Edmondson, and Fawks, Park Planning and Construction Superintendent Ben Henry, and I met with Aaron Carter, Wal- Mart Southlake Store Manager, and Dan Sanders, District Manager, to discuss the issues. Ben was invited because of his previous work history with a consulting firm that helped to construct Wal-Mart stores. We discussed a number of issues including summer seasonal outdoor storage and the need for the containers during the Christmas season that Wal-Mart has previously requested. Mr. Sanders also mentioned that there was a strong likelihood that Wal-Mart would need to enlarge its existing store in the near future. (40, At the conclusion of the meeting, it was determined that Mr. Carter or Mr. Sanders would be getting back with us with a specific proposal to resolve the issues. I spoke with Aaron Carter Monday, June 29, concerning Wal-Mart's progress with a proposal to correct the ongoing problem with their outdoor storage. Mr. Carter said that Mr. Sanders would be in Bentonville, Arkansas all this week, and that part of his business was to discuss the improvement plans with the home office. However, he said it would be impossible to have any satisfactory plans before the end of next week, therefore, he requested that we table the item until the July 21, 1998 meeting. 5. Agenda Item No. 5E. ZA 98-054, Site Plan for Southlake Crossing Animal Clinic. The applicant has requested that this item be tabled until the July 21, 1998 City Council meeting. Feel free to contact Dennis Killough should you have any (11.- questions regarding this application. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 4 of 20 6. Agenda Item No. 5F. Authorization to advertise for bids for paving of streets in the Raintree/Shady Lane area. As part of the Neighborhood Sewer Program, the Raintree/Shady Lane area is currently receiving sanitary sewer and water improvements. Included in this project are proposed street improvements. Once the sanitary sewer is installed, street improvements can begin. Sewer improvements are approximately 90 percent complete and water improvements are approximately 60 percent complete. If Council approves authorization to bid and awards the low bid, street improvements are anticipated to begin in late August. This will complete the final phase of the project. The paving cost is estimated at $650,000, well within the $750,000 that has been budgeted. Please contact Director of Public Works Bob Whitehead if you have questions regarding this item. 7. Agenda Item No. 7A. Ordinance No. 480-275 (ZA 98-024), Second Reading, Rezoning and Concept Plan for The Remington. This S-P-2 application requests approval for a senior adult living complex to include triplex, quadraplex and pentaplex villas, personal care facility, nursing care facility, and senior multi-family units on 22.558 acres with a density of 8.95du/ac. [202 units _ 22.558 gross acres]. The applicant has agreed that this retirement complex be age-restricted to 55 years and older for all four of the following care options offered on site: 1) 32 villas (triplexes, quadraplexes, pentaplexes) for persons seeking an independent lifestyle; 2) 80 multi-family units for persons preferring a congregate living style; 3) 60 personal care units for persons needing assistance with daily living activities; such as, bathing, dressing, and dispensing medications; and Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 5 of 20 4) 30 skilled-nursing units (convalescent care) for persons needing more intensive medical care. Note that all structures are single-story with the exception of the two-story 80-unit retirement residence. The Planning and Zoning Commission reviewed this request on May 7, 1998 and recommended approval (3-1-1), allowing the required parking as shown; acknowledging the applicant's agreement to age restrict the property to age 55 and above; acknowledging the applicant's agreement to provide the Slayton's with a curb cut onto Owenwood Drive; and accepting the applicant's commitment to deed restrict the property to age 55 and above which cannot be changed without the City's approval. On June 9, 1998, the Council approved (6-0) the first reading of Ordinance No. 480-275, granting relief on the 850 s.f. floor area minimum for the assisted living and nursing care units only; accepting the parking and stacking as shown; requiring all amenities as shown; limiting the site to two lots only; providing at least two 6 to 10 passenger vans for transportation; accepting the applicant's June 9, 1998 letter describing the exterior building and roofing materials; requiring that the entire site comply with the corridor overlay ordinance; and requiring that the applicant provide the City each January a census of the residents and their ages to ensure compliance with the approved age restriction policy. The Council further suggested that the applicant consider removing or relocating some of the villas in Phase #la in order to provide a greater setback along F.M. 1709 and also to preserve the existing stand of trees in this area. During the June 30th work session, the applicant presented the City Council with a revised plan which showed only 15 villas in Phase #la (instead of the original 21 • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 6 of 20 villas); showed an area (approximately 200' deep) along F.M. 1709 being left in its natural state; relocated the assisted living/nursing suites building and the retirement residence building in order to increase the area between these units and the Weisman/Couch/Carson residential tracts. The applicant deleted the clubhouse and relocated six of the villas in Phase #la to Phase #2 and added one additional villa to Phase #2; they also doubled the width of the required bufferyards, but would like to reduce the required plantings by 20% as permitted by the ordinance. The plan in your packet is essentially the same plan presented to you at the work session. The applicant added information as required by the ordinance which time did not permit prior to the work session submittal. For questions regarding this application, please call Zoning Administrator Karen Gandy. *Note the attached letter from the Senior Advisory Commission supporting the project and the letter from Angela George SPIN #1 Representative. 8. Agenda Item No. 7B. Clarification of Trail System Master Plan designating the side of the road to locate trails. The memo from Interim Parks and Recreation Director Kevin Hugman explains the purpose of this item. The Planning and Zoning Commission considered this item at their June 18 meeting and approved it with no changes. They did however, have some concerns with the trail being shown on the south side of FM 1709 between North Peytonville and Carroll Avenue, rather than on the north side. P&Z believes that children will not cross FM 1709 at Shady Oaks to get to Bicentennial Park but will instead attempt to cross the lanes of traffic on FM 1709 at the entrance to the park. The Planning and Zoning Commission suggested that sidewalks also be constructed on the north side of FM 1709 from North Peytonville to White Chapel. L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 7 of 20 As an aside, Kevin will be unavailable from July 6 through July 17 as he will be on his annual Naval Reserve duty. In his absence, Ben Henry will be available to answer your questions regarding this item or any Parks & Recreation Department related issue. 9. Agenda Item No. 8A. Ordinance No. 480-283 (ZA 98-047), First Reading, Rezoning and Concept Plan for the Trailhead. This development proposes a change from "AG" to "SF-20A" zoning with 27 residential lots and a common area. The plan before you reflects changes made during consideration of this plan by the Planning and Zoning Commission. There are some items in the Staff Review that the applicant requested relief from (we regarding lot widths measured at the building line, street stub requirements and cul- de-sac lengths; the Commission recommended approval (7-0) on July 18, 1998 deferring action on these items until Preliminary Platting. Note that the Land Use Plan calls for medium density residential in this area. Contact Dennis Killough should you have any questions regarding this application. 10. Agenda Item No. 8B. Ordinance 480-CC, First Reading, Residential Adjacency Standards. P & Z recommended approval of Draft 6 with a 6-1 vote on June 18, 1998. Their only change was to clarify that pitched roofs were required on all buildings having a footprint of 6,000 s.f. or less of floor area, rather than a total floor area of 6,000 s.f. On Monday of this week, the city attorney called with comments regarding how the ordinance provisions would be enforced. Zoning Administrator Karen Gandy has not had the time to address the attorney's comments in a new Draft 7. Karen has provided you a copy of Draft 6, which the Commission voted on earlier. Karen will go over the attorney's recommendations Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 8 of 20 Tuesday night, and any changes can be incorporated between first and second reading. For questions related to Ordinance 480-CC, please call Karen. 11.Agenda Item No. 10A. Sign variance appeal for Woodland Heights Addition, 1721- 1725 East Southlake Boulevard. Bootstrap Investments has requested a sign variance to permit the monument sign in front of the Telesupport Complex to remain at its current location. The widening of Southlake Boulevard had precipitated the original request, made in February. However, they placed the sign in a position that was not authorized, and thus staff suspended their permit. This request in front of you is a variance to the 15-foot set back requirement. The applicant believes that this will be the least harmful to the two post oaks in the area. Staff does not have a recommendation regarding this request, however, issues to be considered are outlined in the memos from Director Campbell and Chuck Bloomberg. 12. Agenda Item No. 10B. Offer to Carroll Independent School District for lease of Town Hall office space and City's participation in locating football stadium at Town Square site. This item has been placed on your agenda to allow you to discuss issues raised at our joint City Council/CISD Board of Trustees meeting on June 19. The two main topics of discussion Tuesday night will be CISD participation in Town Hall and the possibility of the City contributing to the stadium. We have had the city attorney draft a lease to delineate the conditions for their occupying space within the Town Hall. We will have a final draft to hand out for your review on Tuesday, and will go through the key components step-by-step. (We are still working on wording, but the legal reviews have been substantially completed.) If you are comfortable with the agreement conceptually, we will bring Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 9 of 20 the lease agreement to you on July 21 for formal action. In this way, the CISD Board will be able to consider the agreement at their meeting on the July 27. There is an option that we have not previously discussed with either City Council or CISD Board, which we will discuss Tuesday night, concerning the Town Hall. Also, there are major hurdles with the CISD request that we provide the parking for the stadium. Obviously the parking garage presents an immediate fmancial problem. It is also not a simple matter to provide the number of parking spaces the CISD says it will require if we were to provide "surface" parking only. The terrain at the site creates a problem given the other development considerations. We will also discuss this Tuesday night. This item is placed on the Agenda as a consider item in order to enable you to vote if you are ready, however, we anticipate that you may not be able to firm up an offer until the July 21 meeting. 13. Agenda Item No. 10C. Reconsideration of an agreement for Administrative Services between the City of Southlake and the Southlake Crime Control and Prevention District. The memo from Assistant City Manager Shana Yelverton explains that this item is being brought forward to you at the request of Andrew Wambsganss, President of the Southlake Crime Control and Prevention District. As she points out, he will be in the work session to discuss his concerns with you. FYI, the indemnification language in the contract approved by the Crime Control Board was perfectly acceptable to staff and our attorneys because we do not view the Board as a separate entity from the City. The Board is insured through the Texas Municipal League as are our other boards, they accomplish their goals through City staff (they will not, of course, hire their own staff to accomplish the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 10 of 20 goals of the plan), and they have committed themselves through this agreement to work in tandem with the City Council. In short, they are us! The agreement between the City of Southlake and the Southlake Crime Control Board anticipates potential conflict or problems and delineates the protocol for decision-making (see the matrix at the back of the agreement) should conflicts or problems arise. 14.Agenda Item No. 10D. Authorizing the Mayor to enter into an Advanced Funding Agreement for Standard Highway Projects (On-Systems) with TxDOT and a Professional Services Agreement with LAN Engineering for the redesign of S.H. 114 from Kirkwood Boulevard, to 0.6 miles south of Dove Street. This item was discussed briefly at the retreat. As we pointed out, there is no cost to the City, but we will be "fronting" the money; therefore, we wanted to make you aware of the expenditure. In reality, we have no choice if we are to keep the project on track. After the work session, you may want to move this item to the Consent agenda. We have just received the agreement from TxDOT (5:30p.m.), and we are including in your packet. 15.Agenda Item No. 11A. Proposed Highway Intersection Bond Projects. This item was also discussed briefly at the retreat. The memo from Bob Whitehead outlines the concept. We need to discuss this in greater detail to clarify Council's direction for staff. Please let me know if you have any questions before the meeting. 16.Agenda Item No. 11B. Metroport Appearance before TxDOT in Austin. This item is on the agenda so that we may brief you on the status, and answer any questions you may have. L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 11 of 20 17.Agenda Item No. 11C. Interlocal agreement with Trophy Club MUD #1 for water service. This agreement, if approved, will permit the City the use of a 21-inch water transmission line through the MUD District. This line will ultimately provide water to the 5-million gallon water storage tank on T.W. King and become a portion of the ultimate loop of water transmission lines from Fort Worth as part of the Northeast Tarrant County Regional Water Supply (NETCRWS). When NETCRWS is complete, the City of Fort Worth will assume responsibility for the maintenance of the system. Another aspect of NETCRWS that is addressed in this agreement is the north-south 30/36-inch "loop." As staff has discussed with you previously, it is critical that Southlake and the other regional entities complete this line as soon as possible. L It is important to note that this agreement would not take effect until the 24-inch transmission line to the T.W. King pump station is complete. Construction of the 24-inch line is expected to begin in early 1999, and estimated for completion in August 1999. The memo from Bob Whitehead addresses these issues in greater detail, and highlights some of the other important points of the agreement. Please contact him if you have any questions. Other Items of Interest 18. Update on Acquisition of Wilkinson/Crossroads Square Property. As you know, these two tracts are critical for our expansion of Bicentennial Park. FYI, there are no complicating issues with the Crossroads Square property and we are scheduled to close the deal next week. We are still in negotiation with Terry Wilkinson, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 12 of 20 although we believe we are very close to resolving all of the issues. We plan to discuss this item with you in Executive Session on Tuesday evening. Note that we do not anticipate any delays with the groundbreaking. 19.Adventure Alley Pavilions. You may have already received correspondence from Larry Abernathy regarding the construction of pavilions to complement Adventure Alley, but I have included another copy in your packet. Mr. Abernathy took on the leadership role with the "Friends of the Playground" upon completion of Adventure Alley, and has coordinated maintenance of the structure. He is now ready to begin fundraising for construction of the pavilions described in his letter. You may recall that Leadership Southlake also expressed interest in the project and had approached the Park Board about endorsing their efforts to obtain SPDC matching funds for the project. SPDC did discuss the possibility of allocating funds for the project, but the Leadership Southlake group never pursued the allocation, primarily because they have not raised their portion of the funds. When Mr. Abernathy approached the staff about this project, we put him in touch with Brad Tribble (Leadership Southlake) to discuss the possibility of joining efforts to make the pavilions a reality. Note that Mr. Abernathy has "seed" money; that is, he has the funds remaining from the original project totaling approximately $11,000. He also brings considerable energy and dedication to the project. Staff is excited about the possibility to getting the pavilions built, since they will provide much needed shade structures at the playground. We will keep you informed of Mr. Abernathy's progress. In the meantime, if you would like to assist him with the project he can be reached at 488-3759. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 13 of 20 20. Meeting with Trinity Waste Systems. As you are well aware, there have been service problems with Trinity since the first of the year. Staff has been working with Doug Rivers, Municipal Marketing Manager, to resolve problems on a case- by-case basis, and he has been very responsive. However, the complaints have continued. Shana Yelverton visited with Doug about these issues in April. He committed at that time to adding two new routes, and agreed that the level of service needed to be improved. Shana has scheduled a meeting for next week to discuss the problems that have continued, i.e., missed pickups, non-responsiveness by Trinity's customer service department, etc. She believes we are at a critical point, and I agree. We will keep the Council informed about the status of service. L 21.Bluebonnet Waste Control Request. Although Trinity has the primary garbage collection contract with the City, it does not preclude other companies from collecting within the city limits. The only requirement for other companies to provide such service is that they have a franchise agreement with the city. This allows the city to collect revenues from the company in return for their use of our roadways and rights-of-way to perform their function and regulate certain aspects of their operations. We have received a request for a franchise agreement from Bluebonnet Waste Control Company. They have provided us with a draft of their standard agreement. We have sent this to our attorney for their review. It is likely that we will bring this item forward for your consideration on July 21. 22.Change in the Youth Park Board Ordinance. Attached is a copy of the recommended changes to the Park Board Ordinance to revise the section relating to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 14 of 20 the Youth Park Board. Ordinance 646 defines the Youth Park Board as an advisory board to the Park and Recreation Board. Since the youth board is advisory to the Park and Recreation Board and not to the City Council, it would be more appropriate for the appointments to be the responsibility of the Park and Recreation Board. The Park and Recreation Board at their next meeting on July 13 will consider these changes, and will then be brought forward for your consideration. 23.Budget Calendar. It has come to my attention that we are encountering scheduling difficulties for the August budget work sessions. As such, we are modifying the budget calendar to try to fit in several work sessions before you are asked to consider the budget ordinance on first reading. We will brief you Tuesday night on the possibility of scheduling an "all day" work session (e.g., 9:30 - 5:30) with City (pp- Council, rather than spreading it out over several evenings. Note that reviews at the staff level will begin the week of July 15. These reviews are fairly intensive and time consuming, but they are necessary since the City Manager is required by Charter to file a budget with the City Secretary on or before August 1. As such, I would ask your indulgence with any scheduling difficulties and, perhaps, the unavailability of certain staff during some of our staff reviews. 24. Snow's Aquatics. The owners of Snow's Aquatics Center have recently discussed placing their facility on the market for sale. Since there had been previous discussions on the Park Board and Joint Utilization Committee regarding an aquatic facility, staff was asked to explore the feasibility of the City purchasing this facility. Since Southlake staff has no experience in this type of facility, Mr. Patrick Henry, Grapevine-Colleyville Independent School District Facility Coordinator/Head Swim Coach, assisted us in our evaluation. Kevin Hugman, Ben Henry, and Patrick Henry (no relation), toured the facility with the owners on May 14, 1998. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 15 of 20 Mr. Patrick Henry subsequently prepared a written report of his assessment of the facility as a potential City-owned aquatics center. A memo from Kevin Hugman, along with Mr. Henry's report, is included with your packet. It is our conclusion that this facility would not be a good purchase for the City. 25.Ride with Pride. Staff was recently approached by Doreen Bruton of Ride with Pride and Park Board member Robin Jones about the possibility of applying for a Texas Recreational Trails Grant for the equestrian trail at Fox Hollow. Ms. Bruton was interested in applying for the grant with the City's assistance. The deadline for the grant application was July 1. Although a private organization could apply for the grant, the problem with this situation was that the portion of trail open to the public (the Fox Hollow easement) is not long enough to qualify for the grant. The entire trail used by the equestrian groups would qualify, but it includes trails on private land -- the Christian Men's Network tract and the Countryside Bible Church land. Trails on private lands qualify for grant assistance, but Texas Parks and Wildlife requires a minimum twenty (20) year lease from the landowner, agreeing to keep the trail open to the public for that length of time. Staff suggested to Ms. Bruton that perhaps she could obtain an equestrian easement in conjunction with the existing utility easements on those lands, similar to the one obtained from the developer of Fox Hollow. Interim Parks and Recreation Director Kevin Hugman accompanied Ms. Bruton when she visited with representatives of these properties on June 18 and June 19. Each was receptive, but obviously could not commit to an agreement immediately. Kevin suggested to Ms. Bruton that the timing and complexity of this issue prevented applying for the grant this year, especially given that the City Council Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 16 of 20 would not meet again until after the July 1 deadline for the grant application. Funds could therefore not be committed by the City since matching funds were not available, and the issue of an easement dedication could not be resolved in sufficient time. Ms. Bruton agreed that we should continue to explore the possibility of this grant and look at applying in 1999. 26. Marcus Cable Meeting. A meeting was held June 24 between staff (Tracy Southers, Kevin Hugman, and myself) and Marcus representatives Alan Collins, vice president operations, and Mary Scearce, district manager for Southlake and Trophy Club. The following issues were discussed: • Lack of customer service representatives: Southlake and Trophy Club are (we operating on a different system from the other areas Marcus serves. This is because they have not incorporated the former Harron Cable system into their main operations. They currently have only nine customer service representatives to serve the Southlake and Trophy Club areas, but will be adding two more soon and will begin providing customer service on weekends. In comparison, 115 customer service representatives are available seven days a week, 24 hours a day for the other areas they provide service. I don't believe adding two more representatives will greatly reduce the long holding time our residents have to wait to speak with a Marcus representative, and I made this point to them. According to Alan Collins, once the fiber optic upgrade is completed in the fall, Southlake will be a part of Marcus' main system and residents will be able to access the main customer service center. • Frequent outages: Marcus provided data that showed 70 percent of the outages that have been occurring in Southlake are due to construction crews cutting the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest l July 2, 1998 Page 17 of 20 cable lines. They have obtained a list of all contractors working in the city and will be contacting them to make them aware of this problem and advise them to check for cable lines before digging. The other factors affecting service are inclement weather (27.12%), equipment outages (2.53%), and homeowners (0.72%). • Fiber optic upgrade: Southlake is scheduled to receive the fiber optic upgrade to our cable system in October. According to Alan Collins, this will increase cable channels, decrease service outages, and provide Internet access. The installation will take approximately one month to complete and service disruption can be expected. In addition, each home that subscribes to Marcus will be given a new converter box (regardless of the type of cable service they have) and a new remote control to operate the system. A technician will visit each home to demonstrate how to use the new system. • Non-service areas: There are still areas of Southlake that cannot obtain cable service. The franchise agreement states that Marcus shall provide service to all areas within the city limits if the home/building is located within 500 feet of an existing trunk cable or new cable lines will be placed if the number of homes exceeds or equals 40 homes per mile. If the previous conditions do not exist, Marcus may charge an additional fee to cover installation costs. Collins stated if we would provide them with areas of the city that are currently unable to obtain cable service, he would look into providing service to these areas. Tracy Southers is working to provide him a list. • Action: Marcus will be sending a letter to all cable subscribers in Southlake addressing the above complaints and outlining the steps they are taking to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 18 of 20 improve service. They will also announce the fiber optic upgrade coming in October. An article will also appear in the next Southlake In Review (scheduled to mail mid- July) informing residents of the action that the City has taken in response to the numerous complaints we have received. As I'm sure you well know, the City has no regulatory control over Marcus' operations or customer service, so we will continue to work with them and hope that conditions improve. If not, we will consult with the attorney to see what legal actions are available to us. 27.Publication Awards. We are proud to announce that we have received additional awards from the City Hall Public Information Awards Competition. If you will recall, the parks and recreation catalog won the grand award in its category, and we were recently notified that the City newsletter, Southlake In Review (special edition Dec. 1997/Jan. 1998), also won the grand prize in the public periodical category for cities under 50,000. The municipal court informational brochure won an award of merit in the general/special publication category. The Public Information Office produced both of these pieces. 28. Economic Development Activities. Following are some recent activities from the Economic Development staff. Feel free to contact Economic Development Specialist Kate Barlow or Director Last if you have questions, or would like additional information. • Cover Story for Real Estate Quarterly. Southlake Town Square is the cover story of The Business Press' Real Estate Quarterly supplement. The complete Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest L July 2, 1998 Page 19 of 20 article, which is attached, discusses the desire to create a pedestrian friendly environment, the tax increment reinvestment zone, and committed retailers to date. • Fast Facts. Staff has recently updated this popular brochure that is distributed in commercial and SPIN/residential informational packets, to the Chamber, and throughout various locations in Southlake. • Community Profile. Staff estimates that during the first half of 1998, approximately 20 Community Profiles were distributed each month based on requests. These is a marked increased in comparison to 1994, the year the Office of Economic Development was created, when approximately 2 to 4 Profiles monthly were distributed based on requests. 29.Also attached to my memo are the following: • Letter to Denton Central appraisal District on behalf of Marilyn Tucker • Town Square Status Report • Appreciation letters • Maguire Partners News Release CEH Staff Extension Numbers: Barlow, Kate, Economic Development Specialist, ext. 776 Bloomberg, Chuck, Plans Examiner, ext. 747 Campbell, Billy, Director DPS, ext. 730 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 2, 1998 Page 20 of 20 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 1mm, 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 Thomas, Charlie, Deputy Director of Public Works, ext. 814 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:\WD-FILES\CEH\MEETINGS\98-07-07.doc L '-01-1998 3:29PM FROM SOUTHLAKE COM DEV 8174889.3370 P.2 JUL-Q1-86 lED 03:35 Pll STAR TELEGRAN tE _ _ FAX NO. 8176853883 P.01 07.'0i,93 'ED 10:39 FAT $17 430 1710 MaguirePartners mu .00 avtm‘13•11sraNe e " m 2(1.11 Sic h 'va"1"7.11 Ni?fr pfeci-Li K.e . Cr) ,\rb (as-- FOR IMMEDIATE RELEASE CONTACT: Peggy Mom6 3?7 V.P. Public Relations MaguirePartzars (213) 613•�tl►9 YASiMI .PARTN P$ c• �.�w 7 . L SOUTMUKB. Taus - Pcarther of Solana LOS ANGELES. June 30, 1990 - MaguksPailriert. one at the n bon's per commercial real estate devatoper, annoustced today the dosing Of • a flhsncng with tit Giese First Boston for the phase of a joint venture partner Interest in Solana. a 600-acne eerporafa and technology office campus near the DaBss•Fort Worth Airport in Tins. (ISe, The completion of the t ansaction enables MaguirePartrrers to assume / control of 100 percent of the mixed-use property_ MaguirePartneta Ira retire �t�v\ Solana financing end purchase Merest ase the of lb joint venlur. partner, *leitithe Expansion plane include adding 100 new hotel rooms to the mdeting Solana Wotan Hotel end 300.000 square feet of cormnerdal ofloe apace. "The uniqueness of the Scalene property, 1!s development potential, its excellent tenant roster rid the ittrpreved market *dims in TOXIN made this a timely acquisition tier our firm".said Robert F.Maguire Ill, managing partner. Solana was developed by MaguirePartners In the tata1080s as a 2.2 million square foot campus in a joint verdure with 1BM. Located twelve miles west of the Oalias iron Worth Airport,the campus was planned and designed by a collection of ir+ternstionatty renowned eictsteChrs and taatures several low-rise buildings, retail apace and the 200-room Solana Marriott hood. C' - -01-199E1 3:30PM FROM SOUTH_AKE CCM !XV 8174889370 P.3 JUL-413-98 RED 03:36 Pfl STAR TELEGRAM NE FAX IA 8176853883 P.02 .01±.21,93 WED 423U4 817 430 $130 ustureartzers ete03 21 124c" t7 Trarisactionf2.24 The property is unique in that it offers extensive on-slte amenities which have proven ID assist tenants in recoiling employees and IMproving produclivtly. Amenities Include a iPy equipped health and Illness carder, education and tralevng center, child care facility, indoor and outdoor d• ining spoons and a wide variety at tenant union. •The development is fully • leased and houses many Ngh profile technology and Fortune 500 companies. The tenant roster Includes Mkt The Sabre Group, Levi • Strauss, PrimeCo Personal Gornrnunicslions, Mercedes.Benz. Cisco" and Welts/largo among others. MaguirePartners hes developed and napes over 17 mMon square feet of commercial specs comprising 54 office buildings, 2 hotels and 20 parking structures. The Son tomes on building select mised-use projects of • esceprional quay and archilectural design frequently in.jotre verdure with ralliOr corporations- M its more than $o years of operation* MaguirePanners has developed some at the most sigmlicant Pro** In Los Angeles Cour*. These Include such downtown, Los Angeles lartdmatlas such as Library Tower.the Gee Company Tower and Wells Fero*-Canter. The Inn has also developed 3411Ill Monica's MGM Plaza, Pesaclerui7s Plaza Les Fuentes and the Glendale Center in Glendale, Cardomia. MagulrePartners Is also en equity partner and the commas! developer for Playa V . an acclaimed master-planned reeidenthe and commercial oommuNty set on Los Angeles' . westside. • *# 7l tAiG\\ \C) a • ORDINANCE NO. 646 AN ORDINANCE ESTABLISHING A PARK AND RECREATION BOARD FOR THE CITY OF SOUTHLAKE; ESTABLISHING THE NUMBER OF BOARD MEMBERS AND THEIR TERMS OF OFFICES; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE PARK AND RECREATION BOARD; ESTABLISHING A YOUTH PARK AND RECREATION BOARD; ESTABLISHING QUALIFICATIONS, THE NUMBER OF BOARD MEMBERS AND THEIR TERMS OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE YOUTH BOARD; PROHIBITING CERTAIN TYPES OF CONDUCT IN CITY PARK; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; REPEALING ORDINANCE NO. 515; 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 Council for the City of Southlake, Texas, deems it advisable and necessary to establish a Park and Recreation Board for the City of Southlake, to act as an advisory board to the City Council relating to all nature of park improvements and recreation programs; and WHEREAS, the City Council deems it advisable and necessary to establish a Youth (6,,, Park and Recreation Board for the City of Southlake, to act as an advisory board to the Park and Recreation Board relating to recreation programs and park improvements; and WHEREAS, the City Council deems it advisable and necessary to prohibit certain types of conduct within city parks; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. Creation of Park and Recreation Board. There is hereby established the Park and Recreation Board for the City of Southlake, Texas, hereinafter referred to as the "Board." Section 2. Number of Board Members, Qualifications and Terms. The Board shall consist of nine (9) citizens of the City of Southlake, Texas, and who shall be appointed by the City Council for three (3) year terms. Members shall serve until their successors are appointed, without compensation. Places on the Board shall be numbered one (1) through nine (9). The City Council in making the appointments to the Board, shall give due consideration to the recommendations of the Chamber of Commerce, Planning and Zoning Commission, and 1 4 the Park and Recreation Board. The City Council if it deems it desirable, may appoint ex- officio members to the Board. In addition, the chairperson of the Youth Park and Recreation Board shall serve as an ex-officio member of the Board. Such ex-officio members shall be appointed on an annual basis and the term of office of such ex-officio members shall begin on January ls` of each year and end on December 31st of that year. Such ex-officio members shall have no voting authority for park and recreation matters. Vacancies on the Board are to be filled by appointment by the City Council for the length of the unexpired term. Section 3. Board Meetings and By-Laws. The Board, shall meet in the first regular session of each year and shall select from the members a chairman, vice-chairman, and secretary for one year terms and until their successors are elected. The Board shall adopt by- laws to govern the holding of its meetings which, at a minimum, shall encompass the following: a. Regular meetings shall be held on the second Monday of each month. b. Manner of holding and calling of special meetings. c. Majority of members shall constitute a quorum. d. Members not planning to attend a regular meeting or special meeting shall notify the City Secretary or the Chairman of the Board by 12:00 o'clock noon of the meeting day. e. Any member with unexcused absences from two (2) consecutive regular meetings or not exhibiting interest in the work of the Board shall be reported to the City Council which may, at its discretion, remove the Board member and appoint a replacement. f. Minutes of each Board meeting shall be filed with the City Secretary. Section 4. Board Duties and Responsibilities. The duties and responsibilities of the Park and Recreation Board shall be to: a. Act in an advisory capacity to the City Council in all matters pertaining to parks and recreation including development of long range capital improvements programs. b. Cooperate with other City boards and commissions, other governmental agencies, civic groups, and all citizens of the city in the advancement of sound park and recreation planning and programming. c. Recommend policies for recreation services and park improvements. d. Recommend programs for development of recreational areas, facilities and improved recreation services. e. Recommend the adoption of standards for recreational areas, facilities and their financial support. f. Review an annual report of existing park and recreation programs and services. g. Review the annual budget of the park and recreation programs prior to submission to the City Council and submit a recommendation on the budget. C 2 Section 5. Creation of Youth Park and Recreation Board. There is hereby established Cthe Youth Park and Recreation Board for the City of Southlake, Texas, hereinafter referred to as the "Youth Board." Section 6. Number, Qualifications and Terms. a. The Youth Board shall consist of seven (7) citizens of the City of Southlake, Texas, who must be students enrolled in school in grades seven through twelve. The City Council Park and Recreation Board shall appoint members for two (2) year terms. The Council Board shall appoint the members using the following procedure: (1) Interested persons meeting the qualifications shall submit an application to the City Director of Parks and Recreation. (2) An interview committee, comprised of four members, one City-council ;146m1;41W7-014e-Park and Recreation Board member, one member of City staff, as appointed by the City-Marge; Park and Recreation Director, anti one Board member of the Southlake Park Development Corporation, and one member of the Youth Park Board, shall review the applications and conduct interviews if appropriate. (3) The committee shall make recommendations for members to the City Council (110/ Park and Recreation Board, ensuring an even distribution among the age of the applicants. b. The Council Board shall appoint members who shall serve until their successors are appointed, without compensation. c. Places on the Board shall be numbered one (1) through seven (7). Vacancies shall be filled in the same manner provided for regular appointments. In making the initial appointments, the Cecil Parks and Recreation Board shall appoint four (4) members of the Youth Board for two-year terms and three members for one- year terms. Section 7. Youth Board Meetings and By-Laws. The Youth Board, shall meet in the first regular session of each year and shall select from the members a chairman, vice- chairman, and secretary for one year terms and until their successors are elected. The Youth Board shall adopt by-laws to govern the holding of its meetings which, at a minimum, shall encompass the following: a. Regular meetings shall be held once each month. b. Manner of holding and calling of special meetings. c. Majority of members shall constitute a quorum. C 3 d. Members not planning to attend a regular meeting or special meeting shall notify the City Secretary Director of Park and Recreation or the Chairman of the Youth Board by 12:00 o'clock noon of the meeting day. e. Any member with unexcused absences from two (2) consecutive regular meetings or not exhibiting interest in the work of the Youth Board shall be reported to the City Cain Park and Recreation Board which may, at its discretion, remove the Board member and appoint a replacement. f. Minutes of each Youth Board meeting shall be filed with the City Secretary. Section 8. Duties of the Youth Park and Recreation Board. The duties and responsibilities of the Youth Park and Recreation Board shall be to: a. Act in an advisory capacity to the Park and Recreation Board in all matters pertaining to parks and recreation, including development of long range capital improvement programs. b. Recommend policies for recreation services and park improvements. c. Recommend youth-related programs for development of recreational facilities, areas and improved recreation services. d. Prepare and submit to the Park and Recreation Board and annual review of youth- related parks and recreation programs and services. Section 9. Definitions. a. Alcoholic Beverage shall be defined to include any alcohol and any beverage containing more than one-half (1/2) of one percent of alcohol by volume which is capable of use for beverage, either alone or when diluted. b. City park shall be defined to be any park, playground or recreational area owned, leased, operated or under the control of the City of Southlake. This definition shall include any athletic field, swimming pool, gymnasium, tennis court, and other similar facility owned by the Carroll Independent School District and specified in the joint-use agreement between Carroll Independent School District and the City of Southlake. Section 10. Alcoholic Beverages Prohibited. It shall be unlawful for any person to possess or consume any alcoholic beverage in any city park. Section 11. Riding or Driving Horses in City Park. Except on designated horse trails, it shall be unlawful for any person to drive or ride a horse or horses within any city park. Section 12. Riding or Driving Off-Road Vehicles in City Park. Except on designated off-road trails, it shall be unlawful for any person to drive or ride an off-road vehicle within any city park. For the purposes of this section, an off-road vehicle is a vehicle designed and equipped for use of any paved roadway with such definition to specifically include off-road motor bikes, go-carts, and dune-buggies. 4 Section 13. Vehicular Traffic Prohibited in Certain Areas. Except in designated overflow parking areas, it shall be unlawful for any motor vehicle to stand, stop, park or cross onto or into any portion of a city park other than upon a roadway or parking area so designated for suck purposes. Section 14. Time limitations on Public Use of Park. Except for a city sponsored event, it shall be unlawful for any person to use, enter into or be within a city park during any posted hours during which the park is closed. Section 15. Littering. Littering is hereby prohibited in any city park. Littering shall include leaving trash or other items by persons picnicking within a city park and not placing trash and other items in appropriate trash receptacles provided in such park. Section 16. Firearms Prohibited. It shall be unlawful for any person to carry on or about himself or to discharge a gun, pistol, rifle, or other firearm within any city park except that a person duly licensed by the State of Texas to carry a concealed handgun may carry a concealed handgun in accordance with State law. Section 17. Rollerblading prohibited except in designated areas. It shall be unlawful for any person to use rollerblades on tennis courts and other posted areas in any city park. Section 18. Hitting Golf Balls Prohibited. Except in designated areas, it shall be C unlawful for any person to hit golf balls in city parks. Section 19. Smoking Prohibited Except in Designated Areas. It shall be unlawful to smoke in bleachers, dugouts, or other congested outdoor areas at city parks. Section 20. Bicycling Prohibited in Certain Areas. It shall be unlawful for any person to ride a bicycle on other than an improved vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy areas or wooded trail or on any paved area reserved for pedestrian use only. Section 21. Glass Containers Prohibited in City Park. It shall be unlawful for any person to possess a glass container in a city park. Section 22. Variances. The City Manager may issue special permits or grant variances to the provisions of this ordinance. The Southlake Park & Recreation Board will make recommendations regarding variances to the City Manager. A special permit variance shall not be granted by the City Manager unless a written request is submitted which demonstrates: a. Special circumstances exist which are peculiar to the applicant's ability to utilize city parks; and C 5 b. That use of the city park by other groups or individuals will not be adversely affected by granting the special permit variance. Section 23. 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. 515 is hereby repealed in its entirety. Section 24. 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 City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 25. 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 26. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 515 or any other ordinances affecting city parks 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 27. 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 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 28. 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 FIRST READING ON THIS DAY OF , 1998. C 6 C' MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1998 MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney 7 Members of the Southlake Park Board: I would like to update you on my activities and let everyone know that the pavilion project is recovering from it's coma,is moving and will soon be able to walk again. The project is now being headed by me; Larry Abernathy,president of Southlake Community Playgrounds,Inc. (the group that build Adventure Alley) and I expect to spend the summer raising money and be ready to build in the fall. The basic plan remains the same. One 45' dia.,structure with laminated beams and steel columns on a concrete pad with shingle roof. It will be located at Bicentennial Park between the playground and the large oak tree to the east. One of the smaller (20' dia.) pavilions will go just south of the first about where the orange construction fence is now. The second small pavilion will be near the girls softball fields,in the area between fields 1 and 3 commensurate with the long range plan for Bicentennial Park. I am also getting contributions for single family covered picnic tables that will be scattered around the park at a cost of about$1500 each. Contributions for these will be recognized by plaque on the structure naming the donor. I have proposed (via letter) to all American Airlines pilots that they sponsor a single pavilion and will name it THE AMERICAN AIRLINES PILOTS PAVILION to recognize their effort. I am making a similar proposal to Jim Milner for the MILNER PAVILION. These contributions combined with the money from other individuals and businesses will make the pavilions a reality in the near future. The anticipated matching contribution from SPDC will give us the needed boost to reach the goal.I gratefully acknowledge the offer, and respectfully request that it be extended to the fall of this year. I currently have just over $11,000 on hand and anticipate another$10,000 from the AA pilots alone. Should the Milner proposal bear fruit, the 2 small pavilions are paid for and the SPDC money will take care of the large one.We are quite close. Enclosed is a letter to the volunteers outlining our plan in more detail. I still need people willing to call on businesses. If you know anyone that can support the project, please send them my way. I appreciate your patience and look forward to a successful summer. If you have any questions, Please call 488-3759. Larry Abernathy CC: SPDC Southlake City Council Southlake Parks Department Southlake city Manager's Office City of Southlake,Texas MEMORANDUM June 16, 1998 TO: Shana Yelverton, Assistant City Manager FROM: Kevin Hugman, Interim Parks and Recreation Director SUBJECT: Evaluation of Snow's Aquatics Center As you know, Snow's Aquatics Center has apparently been placed on the market for sale. There has been some discussion regarding the City of Southlake purchasing this facility. You requested that Parks and Recreation Department evaluate the facility and its potential as a City- owned aquatics facility. Briefly, the facility consists of: • Located on Pearson Lane, approximately 1,700' south of FM 1709. • (2) acres of land with a 6,000 square foot tilt wall building housing the pool. • 75'x45' pool, starting at 3 1/2' and sloping to 13'. • diving platform with (2) 3-meter boards; and (2) 1-meter boards on each side. • 2,700 square foot ancillary building housing shower and restroom facilities. • Constructed late 1996. Since Southlake staff has no experience in this type of facility, Mr. Patrick Henry, Grapevine- Colleyville Independent School District Facility Coordinator/Head Swim Coach, assisted us in our evaluation. Mr. Henry, myself, and Parks Planning and Construction Superintendent Ben Henry (no relation), visited Snow's Aquatics Center on Thursday, May 14, 1998. We toured the facility with the owners, Randal and Deborah Snow. Mr. Patrick Henry's detailed assessment is attached, but some of the major points worth noting, from his assessment and from staffs observations, are: 1. The main problem with the facility is the mechanical system -- the piping, filtration and pump assembly. The piping is undersized for the pool size, resulting in a pool volume turnover rate of more than 33 hours. National codes require the entire pool volume to be recirculated in 6-8 hours. Since the pipes begin at the pool drains, it would require draining the pool, cutting into the pool bottom, and excavating to replace the pipes. This would probably be extremely costly and would also compromise the integrity of the pool shell itself. 2. Other features of the pool filtration system indicate it was not built to commercial standards. There are only (3) main drains, and the skimmers are of the type found in residential pools, not the shelf-type skimmers found in commercial pools. There is no automatic chemical monitoring and control system. There is also no surge tank to store water when the bather load results in excess volume of water, or to act as a makeup source when the pool level decreases. Shana Yelverton Evaluation of Snow's Aquatics June 16, 1998 Page 2 3. There is not enough room around the pool for spectators. The building would need to be expanded to accommodate seating. This could only be accomplished on the east side, which is where the pool filtration system is located. 4. There is a high incidence of materiel maintenance problems. This seems unusual for a facility as relatively new as this one. Mr. Henry's evaluation also points out some other deficiencies, some of which would probably be relatively easy to fix. However, it is staffs opinion that if the City were to purchase this facility, there are a number of safety issues and maintenance issues that would need to be addressed immediately. We could not get estimates of the cost to replace the piping, but were told that it would be expensive. There would also need to be several improvements necessary to make the facility useable as a City-sponsored recreation facility. If you have any further questions, please feel free to contact me. (62., //// - KH Attachment: Letter and evaluation from Mr. Patrick Henry, dated May 19,1998 cc: Robin Jones, Park and Recreation Board member Ben Henry, Park Planning and Construction Superintendent Kevin Hugman, May 19,1998 City of Southiake Parks and Recreation Mr. Hugman, On Thursday, May 14, 1998 we toured the swimming facility at Snow's Gym. I was asked to make evaluations as to the quality of the equipment and overall usefulness of the pool. I found several safety concerns with regard to state codes. There were some areas where the facility was deficient of the standards of ordinary or reasonable care necessary to operate the pool safely. Based on the way that the facility is set up, several shortcuts were taken as cost saving measures. There are three main problems with the facility. The largest problem is the piping and pump size. This not only handicaps the potential to achieve a good flow rate, but is a problem that would be very costly and difficult to fix. The pipes in a pool are like the blood vessels in a human body. If they are too small,the circulation problems cause a multitude of other problems. The pool builders that I have conferred with have not given any numbers to solve this problem. It would be expensive. The next biggest problem is the lack of an automated control unit to monitor the disinfectant system. The manner that it is done at Snow's is inefficient at best,dangerous at worse. This problem could be fixed for around$5,500.00. It would reduce chemical usage because you would use the chemicals much more efficiently. The third problem would be the electrical circuit box on deck. This would have to be moved. I do not know how expensive that would be. With the facility"as is"I would make a recommendation not to purchase it. The facility (asw, would be a considerable liability of the part of the City of Southlake. An alternative would be to lease the facility. However, Snow's would have to bring the pool to the exact specification as designated by the city. There may be some claims of conflict of interest on my part. I helped design, oversaw construction, opened, programmed and staffed and run a $2.3 million facility in Grapevine. We have been open for almost five years. I have also helped in the construction and planning of several other pools. We could be considered"the competition", and I am out to sabotage their deal. I would disagree with anything along those lines. I evaluated the facility based upon the experience I have from my years of being in the pool business, and from the certification I have as a Certified Pool Operator(CPO) and Certified Aquatic Manager(CAM). I have also been Nationally Certified by the American Swimming Coaches Association, Level 4 Swimming Coach for 16 years. In doing this I have traveled to most of the top swimming pools in the country. Sincerely, iti4-E9--- Patrick Henry CPO,CAM L 1. The first safety concern was having the electrical fuse box on the pool deck. It does not have a lock on it and is easily accessible to anyone using the pool. This could lead to vandalism or improper use. The person using the box would be standing in water and possibly_be wet,electrical shock is a strong possibility. This should be located off the deck where it can be safely secured. 2. The lighting in the pool area was insufficient and unsafe. With poor interior lighting it is often difficult to safely see what is going on at the other end of the pool, and around the pool deck. 3. The National Swimming Pool Foundation recommends that all ladders for exiting the pool be recessed and in working condition. Health codes establish a standard for operational parameters that contain the following wording: "All equipment of public swimming pools shall be operational and kept in good repair; such equipment shall be maintained in conformance with the original design or better."The ladders were not recessed and one of the ladders was broken. All safety equipment must be replaced or fixed immediately upon finding it broken. If not the operator willingly allows an unsafe situation to occur. 4. Depth markings with four-inch letters of contrasting color are required on the pool deck. Shallow water(5 feet and less)should have depth markings at all changes in slope of 2 feet. These should be eighteen inches from the water edge and easily read. In non-overflow gutter systems,the depth is also required on the vertical pool sides, above the water line. This is an important safety feature so the swimmers know the water depth when entering the pool. At the shallow end there were no depth markings at all. This water is 3 1/2 feet deep. That is dangerously shallow water. There were signs saying"No Diving" in four-inch lettering, but the majority of the paint was worn away. There were no signs on any of the vertical pool sides. The places where the depth was painted was heavily worn and barely readable. Tile signs are recommended since they will not be worn away. (we 5. The flow rate for the pool is 110 gallons per minute. Codes require the entire volume of pool water be recirculated through the filter in an established time period. An acceptable standard is 6 to eight hours. With the pool being 220,000 gallons, and the flow rate being 110gal/min,their turnover rate would be 33.33 hours. With a six hour turnover rate their flow rate should be 612 gal/min. Even with an eight hour turnover rate their flow rate should be 560 gal/min. This indicates that both their pipes and pump are undersized. It is impossible to get a 560 flow rate without six inch pipe. They have three inch pipe. I have consulted with a pool builder about this problem and what it would take to bring this pool up to a more correct turnover rate. He replied that it would be major construction to correct the piping problem. They would have to jack- hammer part of the pool bottom to change out the pipes. This would create problems with the integrity of the concrete of the pool bottom. Changing the pump size would help the problem but would not get the turnover rate to 6 to 8 hours. 6. The sanitation system is an important part of the pool. It provides the process of destroying organisms that are harmful to people. The pool operator is expected to provide safe, clean water for bathers. Automated control units are necessary on public pools. At Snow's pool they told us they used a manual method of introducing chemicals into the pool. There were chemicals put in the skimmers and others were broadcast into the pool by hand. This is a fairly inconsistent way of keeping the pool water balanced. The chemicals in the skimmers may be accessible to recreational swimmers. I would strongly recommend against this type of adjustments to the waters chemistry. The best way of measuring the oxidizing properties of any sanitizer being used in a pool or spa is called oxidation reduction potential(ORP), and it is measured in millivolts. When used with chlorine,the sensor measures the level of hypochlorous acid as it disassociates according to pH in pool water. It gives you a qualitative measurement of the chemicals in the pool or a scientific (6....„ measure of the strength of the present state of any sanitizer as it changes due to bather load. It is reliable and creditable. This should be a major part of your decision-making process when chemicals need to be added. In an automated control system,the readings are being monitored continuously and adjustments are made. The operator takes various readings throughout the day to confirm the reading from the control unit. At Snow's pool this did not appear to happening. With constant shifts of bather load in public pools, it is very difficult to consistently keep the water balanced when using the manual method. 7. Certain signage is required to be posted prominately on the pool deck. I did not observe most of the signage that is required. There should be a sign posted that lists the facilities bather load. The bather load is the legal maximum admissions to the pool at any given period. Four times the maximum pool capacity is used to establish the daily load for the pool. Pool rules and safety warnings shall be posted and located at the entry of the pool. They are not posted any where in the building. 8. There is a serious drainage problem with the pool deck. There are several places with standing water within an inch of a drain. Standing water on the deck creates several problems. First, it increases the probability that somebody could fall and hurt themselves. Second, if it is allowed to stand long enough, algae forms making it even slicker. Third, it accelerates the formation of rust on any metal equipment in the area. None of these are good. The only way to solve this problem is having someone squeegee the pool deck almost continuously. This would take a lot of man-hours to keep the deck safe and clean. 9. There is already a lot of rust through-out the pool area. Everything should be stainless steel or brass. Even then it must be cleaned regularly. In a pool environment there is going to be rust. It is inevitable. However,the degree of rust in such a new building shows a problem. 10. The filter medium of diatomaceous earth is a good filter medium. It is one of the best. At Snow's pool they have 4 filters each with 72 square feet of filter surface area. For a 220,000 gallon pool they should have 288 square feet of filter surface area. This checks out fine. They can (11., handle up to 576 gal/min. The filters are sized properly for a pool of this size. The problem is that the assumption is made that the flow rate is around 560 gal/min. At this pool the flow rate is 110 gal/min. So the filters could handle an eight hour turnover,but not a six hour turnover. 11. Turbitity deals with the clarity of the pool water. A simple test is to stand at the side and look at the drains in the deep end. You should be able to clearly see the drains at the bottom of the pool. At Snow's pool they have three drains on the bottom of the deep end. I could only see two of the drains at any one time. I did not test the water to determine the exact turbitity, but I suspect that it was not balanced. 12. I did not notice a lift for helping special needs bathers into the pool. Current ADA requirements mandate that equal access be offered to any and all users. 13. There was broken tile around the perimeter of the pool. There was broken tile in the bottom of the pool. The sharp edges of broken tile are a safety hazard. In a pool less than one year old,there should not be any broken tile. L vs L • ----'14-fr• '''..';o:, - ' ,P ...--.-AA. ..._ -.....,....,-1, 1' ..' * ' . '7F4, 4.., -I&„ 4, --7•1•41111 -'1--.:,'2.7;„"re,71"-'.-,_:' -..:".44,-.,,, , „ - ,..4..r : I ••'• _-•". •-'7•-•.*;4k.',--•Ft: ' - ..4" „ '' '...,7,,....t. .- - -. • -,40.--lir. -. •••••-:,..ote,.., ..- ---e'--- .., -•!'-. 'Ilc'k • '....."t'',. "i•-'49,-.7. 1 Si''.. ... is -..., ' • '- Aa41,:r• - • --• .,..- e - -...,5t.',.-,...• =-... ...-.. . f.... ,,•.' ' .. e . :.. 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''' ''''-'''''-• ""' '' c ..''''' 0 • ' 4.k....., ' .40,,,„, • . • P.- . a I • vajaA ,,, • • '' ---- .. s-liqS./... , • . -,714. ,' r • ' ..4egar' -•-4-4 NEWS CLIPPLNG Source: Real Estate Quarterly, The Business Press DATE: June 1998 iiimmomminimmommium _ -over Sto southry . lake leads national trend 'ndovindovim lifestyleby g By KBL!ROMA THE BUSINESS PRESS 'The overall vision was that of a master eveloper Cooper&Stebbins Planned type with mixed uses such as plans to stnlce the delicate commercial and central attractions,"Last balance between economic said."Thestudy Y growth and small-town harmony with its impacted development along(FMj1709 and multimillion-dollar Southlake Town ' took about 18 months to pass." Square project. The study included an updated sign With the first phase under construction, ordinance and addressed landscape issues Southlake Town Square is a downtown and articulation. "Thdevelopment that blends municipal build- ty these romantic dreams of a ings,retail and office with an emphasis on downtown but no rules,"Stebbins said heavy pedestrian use.The square is the city has since taken steps to boost co" focal point for a 130-acre master-planned Southlake Town Square. _* development bordered by Texas 114 and FM 1709. 'You don't get the same level of pride of The first phase includes approxi- }ownership at a mall that you get in mately 350,000 downtown.And the operating expenses square feet with are significantly less in a lifestyle/outdoor more than 150,000 center than at a mall,and that translates square multitenantarfeet office directly to the bottom line." space surrounding Brian Stebbins Southlake City Hall, Cooper&StebbinsTown Square Park and Bandshell _ The square is located in a tax increment Pavilion Park and is financing zone.The TIF pays 40 percent of expected to be complete March 1999. public street construction and amenities and "This concept goes back hundreds of 100 percent of the town hall construction years,"said Brian Stebbins,CEO of Cooper and parks,Stebbins said.Cooper& &Stebbins. Stebbins donated the land for the town hall It took some three years of planning and and the parks. negotiating before this$75 million rust "It's a genuine joint venture,"Stebbins phase broke ground last fall. said. The 130 acres had been designated as a "There's a definite return on investment , "village center"by the city of Southlake as because of the increment increase in part of a corridor study adopted in 1995, property taxes and sales taxes,"Stebbins C., said Greg Last,the city's director of added.'The key to coming up with economic development. something that has value over the long term is letting tenants define the merchant mix." w - . Target Wagers.- "' Shopping experience Cooper&Stebbins recruited Dallas- UCR made a retail"hit list"with sane based United Commercial Realty to market 200 prospects and narrowed that list down. lease the town square. Children'retailers were bout half of the square's 350,000 Stebbins 'then mom and dad and,then feet consists of retail. home furnishings,Stebbins said. merchandisers To date 18 retailers have signed leases, "We determined the cote and the latest addition is Eddie Bauer. firstthen went down the entertainment Previously announced tenants include Pam,"Stebbins said.The developer and Talbots,Harold's,The Gap,Gap Kids, UCR are in negotiations with a movie Victoria's Secret,Bath and Body Works,St. theater,Stebbins said. John's,Chico's,Animal Crackers,Bombay ste SO><J'1'HLAgE on page 7A Co.,Starbucks,Noodle Kidoodle,Lover's SOU1'HLAKE Eggroll,Village Jewelers,Red Hot&Blue from page 3A and Mi Cocina. 'That strengthens the night life and Retailers were weekend activity much like downtown Fort attracted to Worth did,"Stebbins said. Southlake because About 80 percent of the retail space is of its growing committed,Luleff said. population and - "We knew this would be successful and large expendable appeal to local,regional and national income,said Robert tenants,"Breard said. - Luleff,vice Stebbins noted,"In order to make it a president at UCR. better downtown,we're signing national 'There was a retailers,small regional tenants and void in Northeast , sprinkling a fair amount of local players Tarrant County for throughout the retail portion." high-end lifestyle retail tenants," I Central business district cffsa id Excluding the town hall,phase one at it's not the high income alone that consists of 275,000 square feet of is retailers,said Jack Breard,vice space. president at UCR. And office space accounts for about "Although location and high income are half, Breard said. Office product is part of the scenario,it's what Cooper& available for users such as doctors, Stebbins was creating that made retailers lawyers, title companies, real estate excited about being here,"Breard said. agents, insurance companies and And retailers were drawn to the outdoor executive suites, Breard said. concept unlike the layout of a mall. "We wanted transplants to think it eP Y The office portion is about 35 in Charleston; "There are a few outdoor projects percent "precommitted,"Breard said. looked like it belonged around the countrythat work,and retailers Woodstock,Ill.;or old Pasadena," - Besides office space,the square have recognized and understood the includes municipal offices, including an Stebbins said. - _ - _ - _ concept,"Luleff said. _;Schwarz designed the square to eP 80,000-square-foot city hall,asub- encompass about 120 year's worth of The square's Iayout gives the retailer •county courthouse and offices for the - P more exposurethan a mall,Luleff noted. - architecture. Some buildings resemble school district administration. "More national tenants are looking for downtown Fort Worth's Western Union storefronts and storefronts,"Luleff added. - Designing downtown Building while others were fashioned The concept is not"antimall,"but a Cooper& Stebbins envisioned after art deco architecture, Stebbins "reflection of where consumer trends are," Southlake Town Square with qualities said. Stebbins said that could betaken from anywhere in ...Schwarz said he wanted to give people "You don't get the same level of pride of ' the United States, Stebbins said. a place to walk because,"Architects and ownership at a mall that you get in down- - '"We shied strongly away from any planners haven't given Texans enough town.And the operating expenses are • type of geographic identity,"Stebbins places to walk since World War II. significantly less in a lifestyle/outdoor said. "We're not planning on having "We've tried to take wonderful -tenter than at a mall,and that translates any steer heads." American forms and incorporate them ctly to the bottom line,"Stebbins added. The developers hired David M. into Town Square.The sameSchwarz as the square's planner and principles of an old-fashioned town then as its architect. square apply to this project,"Schwarz - - said. s City of Southiake Duthick- Administrative Offices June 30, 1998 Mayor: Rick Stacy Mayor Pro Tern: Ms. Joyce Roberts W.Ralph Evans Denton Central Appraisal District P.O. Box 2816 Deputy Mayor Pro rem: Scott F.Martinn Denton, Texas 76202-2816 Counplmembers: Re: Blk 21, Lots 16-30; Blk 21, a portion of Lots 1-15; Blk 22, Lot 48. Wayne Moffat Ronnie Kendall West Beach Addition Debra Edmondson Gary Fawks Dear Ms. Roberts: City Manager: Curtis E.Hawk The above referenced property was traded by the City of Southlake to Ms. Assistant City Manager: Marilyn S. Tucker in January, 1998. (In return, the City received 5.803 Shwa K.Yelverton acres out of the R.D. Price Survey, Abstract 1003, Denton County deed secretary: records.) ndra L. LeGrand The City of Southlake had previously acquired the property from Carlo Farina and Jan D. Littlejohn in September 1994. The City acquired the property for a future park use, and following the purchase, the City maintained the property as open space. I have been employed as City Manager of Southlake since September 1988. The City annexed the property in question shortly after my employment. In researching the property, prior to our purchase, we discussed that no improvements have ever been made on the lots in question. Although the property was subdivided and platted by metes and bounds in Denton County, it has remained in open space. The City exchanged the lots referenced above for the 5.803 area tract, which was part of a larger tract owned by Ms. Tucker that has long been in agricultural exemption. There seems to be an inequity in requesting Ms. Tucker to exchange property that was in the agricultural exemption, for municipal property, in order to square-up our park boundaries, and then telling Ms. Tucker that she will now be taxed on the property. It would seem equitable that in exchanging property for a like amount of property, that Ms. Tucker would not be penalized by losing a portion of her L., agricultural exemption (on the approximately 5 acres of land). 1725 East Southlake Blvd. . Southlake,Texas 76092 (817)481-5581 . FAX(817)329-1747 AN EQUAL OPPORTUNITY EMPLOYER" Ms. Joyce Roberts Denton Central Appraisal District June 30, 1998 Page 2 Please let me know if there are any questions I might answer which would enable Denton County to continue the agricultural exemption by extending the exemption to the lots referenced above, in exchange for the exemption on the 5.803 acres. Sincerely, L _ Curtis . Hawk City Manager cc: Ms. Marilyn Tucker Mayor Stacy and Members of City Council L L TEL No . Jun 30,98 8:06 P .02 ea,awa..4wa &MOMS tr.e.rpaee►ewtulal APPLICATION FOR 1-d-1 (OPEN-SPACE)AGRICULTURAL APPRAISAL S 9� Appralwal*evict new POene pArp coda cad rwrwaar► Denton Central Appraisal District 940-566-0904 Address 972-434-2602 3911 Morse Street,P 0 Box 2816,Denton,TX 76202-2816 " . 940-387-4824 IMPORTANT INFORMATION FOR APPLICANTS Article 8,Sec.1-d-1,Texas Consilutlon,and Chapter 23,Subchapter D,Tax Code,provide for appraisal of agricultural land based on the lands ability to produce agricultural products.Land qualifies for 1-d-1 appraisal If it has been used for agriculture In the past and Is currently used for II agriculture at the same level as typical prudent producers in your area.If you have questions on completing Iris application or on the Information concerning additional taxes and penalties,you may want to consult the State Comptroids Manual for the Appraisal of Agricultural Land and your appraisal district staff. You must complete this application In full and file It no later than Aprlt 30 of the year you are applying for agricultural appraisal.If your application is granted,you do not need to fie again In later years unless the chief appraiser requests a new eppicabon.You may fie a tate application up to midnight the day before the appraisal review board approves appraisal records for the year.Approval usually occurs in Juy.If you do fife a pale application and your application is approved,you must pay a penalty equal,( to 101%of the tax savings resulting from agricultural appraisal. -Step 1: 2ceFr'll?;.fige'241/raneiwire. 1 l+vl eVKAC/C Owner's mina d/ -�-f// lr e'7 fp, and address C new^a e 74 ! ^/? 3D !r� 6 Div j Step 2: Gins legal description,abetted rooters,fold nutters or plat runbere.(You fray attach lad years tax stdeirent or notice of Describe appraised value,or otter conespondenca Identifying ttla property. the propaN 'Account number(i known) 'Number of saes for voted+eppac uon is made j 1 Ovine( (ihmi Lest year,were you allowed 1-d-1 appraisal on this property by the chief appraiser of this county appraisal district?OYes Olio If yes,you need only complete those pans of steps 3 and 4 requiring new Information of Information that has changed since you earlier application. If no,you must complete all of steps 3 and 4. Step 3: 1.Describe the current and past uses of this properly.Starling with the current year end working beck 5 years until you have shown 5 out of T Describe the years of agriculture. properties use Yeer Agricultural use Acres Year Amicwwral our Acres Current I 12 s 3 7 'Agricultural use includes but is not limited to the following activities:cultivating the soil,producing crops for human food, animal feed,planting seed or for the production of hers;floriculture,viticulture and horticulture;raising or keeping livestock;raising or keeping exotic animals for the production of human food or fiber,leather,pelts or other tangible products having a commercial value;planting cover crops or leaving land Idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure and widife management. Wlldtlfe management means actively using land that at the lime the wlldilte-management use began was appraised as qualified open-space land under this subchapter In at least three of the following ways to propagate a sustaining breeding migrating or wintering population of Indigenous wild animals for human use,Including food.medicine or recreation:habitat control,erosion control,predator Control,providing supplemental supplies of water or of food,providing shelters or making census counts to determine population. Co., Agricultural land use categories Include:Irrigated cropland,orchard.Improved pastureland,native pastureland and other ' classes typical In your area. Continue on reverse t City of Southlake,Texas MEMORANDUM July 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, Deputy Director of Public Works SUBJECT: Town Square Status Report Town Square Progress continues on the infrastructure and commercial elements of this project. Water and sanitary sewer lines have been completed (including testing and disinfection). Storm sewer main lines have been installed. Slot inlets located in the paved areas will be installed prior to paving. Parking lot paving is scheduled to begin mid-July. Street paving is scheduled to begin mid-August. Six buildings are currently under construction. Buildings 1A, 1B and 5B have had steel erected, building 5B has had the slab poured and steel delivered, building 4C has had the foundation poured, and building 2C has had the piers poured. Brick has been delivered for buildings IA and 1B and brick installation has begun on 1A. The GRAND opening for the first 3 building (1A, 1B and 5B) is tentatively scheduled for March 20, 1999. More details will be available in the months ahead. The landscaping plans for Phase I have been completed. Landscape Administrator Keith Martin has interacted with the Developer in the development, review and approval of these plans. Full size copies will be distributed at the City Council meeting on July 7, 1998. The Developer will be submitting plans for the Bandshell Pavilion by July 13. If the process proceeds smoothly this site plan will be at P & Z on August 6 and City Council on August 18. The Developer plans on meeting with the Park Board on July 13. Cheatham Associates and Lee Engineering are finalizing plans for the relocation and widening of North Carroll Avenue. Staff will schedule a meeting with the South View Homeowners Association once the plans are completed. Based upon past direction from City Council we are intending that North Carroll will be constructed of asphalt. Once we have received finalized cost estimates we will revisit City Council and request authorization to advertise the project. kir Town Square Status July 2, 1998 Page 2 Low, Town Hall Based on the joint meeting between City Council and CISD, additional meetings have been held between the staffs. The results of these meeting are scheduled to be discussed at the July 7 City Council meeting. Until Council and CISD finalize the space allocations we can not finalize the Town Hall prog ' g and also can not bring forward the Town Hall design contract. (or ot Q LS lh LS Q w g " 1998 July 1, 1998 OFFICE OF CITY SECRETARY Honorable Mayor Stacy, and City Council members: The Senior Advisory Commission was formed by Ordinance 653 to act in an advisory capacity to City Council regarding programs and issues relating to senior citizens. Listening to the needs and wishes of seniors in the community,the following became the top three goals of the Senior Advisory Commission: 1. Increase awareness of Senior Issues 2. Promote development of Senior programs and activities 3. Promote Senior housing for all economic levels These goals are all encompassed in the Remington Retirement Campus proposal. The main issue that seniors in Southlake currently face, is the need for housing options beyond living with their children or continuing to try to maintain their homes and yards. The Remington offers those options. In addition, the transportation services,price range options,increased programs and activities for seniors are greatly needed in this community. The immediate need for this Retirement Campus far outweighs any perceived threat to our image from apartments. The residence building is needed to offer a transition stage between independent living and the assisted living option. We understand that this facility is also necessary to allow this project to have affordable options. Therefore the Senior Advisory Commission does advise City Council that the Remington is a facility that the seniors in Southlake and the surrounding community both want and need and recommend that you give your unanimous support to this proposed development. Sincerely, Bill Cosgrove, Chair, Senior Advisory Commission sa • �1 sPt' eIi44►108404-- I A L June 23, 1998 To Whom it May Concern, This letter is in support of the proposed Remington Retirement Community. When I speak in support of the Remington Retirement Community, I am only repeating what my parents, who are senior citizens, relate to me. A majority of Southlake seniors have moved here to be close to their children, only to find limited suitable housing which meets the needs of the elderly. Southlake, being a rapidly growing community, needs to not only address this problem, but actively work to alleviate it. I do not believe we can be a complete and functional community without our seniors. They are a vital part of all of us and we have a responsibility to provide a safe and healthy environment for their golden years. They have so much to contribute to our lives and happiness. As for myself, I wanted my parents close to me. Since there were no garden homes or retirement communities in Southlake, I received permission to build a home divided by a porte- cochere;the smaller side being where my parents reside. The arrangement is great and we are very happy. However, not all families will have the ability or the desire to have an arrangement such as this. Although I must say, since we built our home a few of my neighbors have followed this concept. This once again, shows the need for a senior retirement community. In view of the above, I urge the council to allow the Remington Retirement Community to be built as soon as possible. We need to look to our future needs within our community. The Senior citizen population is the fastest growing in the United States. This issue will not go away. As a matter of fact, we are late addressing it. Thank you, 11/Y1 0\6/La Oftv Angela George 435 E. Bob Jones Rd. Roanoke, Texas 76262 L @R 0 w lEro • I July1, 1998 OFFICE OF CITY SECRETARY �y Honorable Mayor Stacy, and City Council members: The Senior Advisory Commission was formed by Ordinance 653 to act in an advisory capacity to City Council regarding programs and issues relating to senior citizens. Listening to the needs and wishes of seniors in the community, the following became the top three goals of the Senior Advisory Commission: 1. Increase awareness of Senior Issues 2. Promote development of Senior programs and activities 3. Promote Senior housing for all economic levels These goals are all encompassed in the Remington Retirement Campus proposal. The main issue that seniors in Southlake currently face,is the need for housing options beyond living with their children or continuing to try to maintain their homes and yards. The Remington offers those options. In addition, the transportation services,price range options, increased programs and activities for seniors are greatly needed in this community. The immediate need for this Retirement Campus far outweighs any perceived threat to our image from apartments. The residence building is needed to offer a transition stage between independent living and the assisted living option. We understand that this facility is also necessary to allow this project to have affordable options. Therefore the Senior Advisory Commission does advise City Council that the Remington is a facility that the seniors in Southlake and the surrounding community both want and need and recommend that you give your unanimous support to this proposed development. Sincerely, Bill Cosgrove, Chair, Senior Advisory Commission dt:51 .1.%*1 Ya14701.4.4... L A L . L June 23, 1998 To Whom it May Concern, This letter is in support of the proposed Remington Retirement Community. When I speak in support of the Remington Retirement Community, I am only repeating what my parents, who are senior citizens, relate to me. A majority of Southlake seniors have moved here to be close to their children, only to find limited suitable housing which meets the needs of the elderly. Southlake, being a rapidly growing community, needs to not only address this problem, but actively work to alleviate it. I do not believe we can be a complete and functional community without our seniors. They are a vital part of all of us and we have a responsibility to provide a safe and healthy environment for their golden years. They have so much to contribute to our lives and happiness. As for myself, I wanted my parents close to me. Since there were no garden homes or retirement communities in Southlake, I received permission to build a home divided by a porte- cochere;the smaller side being where my parents reside. The arrangement is great and we are very happy. However, not all families will have the ability or the desire to have an arrangement such as this. Although I must say, since we built our home a few of my neighbors have followed this concept. This once again, shows the need for a senior retirement community. In view of the above, I urge the council to allow the Remington Retirement Community to be built as soon as possible. We need to look to our future needs within our community. The Senior citizen population is the fastest growing in the United States. This issue will not go away. As a matter of fact, we are late addressing it. Thank you, Rfri (Lje_cv Angela George 435 E. Bob Jones Rd. Roanoke, Texas 76262 L L74U Last�OUiftlaKe outevara childrl {-1. _3.. csSuite L-640 g Southlake, Texas 76092 Phone (817) 488-4664 (-q.( Fax (817) 329-1152 June 3, 1998 Carrie Fullington Community Service Officer Department of Public Safety City of Southlake 667 North Carroll Avenue Southlake, TX 76092 Dear Ms. Fullington: On Thursday, May 28th, my mother-in-law who was visiting us from Canada, suffered a heart attack and died in bed. From that moment on chaos seemed to reign in our lives. At a time when we were exceedingly distraught, both the City fire department and police department arrived within minutes and handled the situation with not only competence but also grace and us with kindness and sympathy. We wish to extend our heartfelt appreciation to your departments and their personnel. Although I would not wish any emergency on anyone, including myself, I do hope that if we have another one that it takes place here in Southlake. Again, thank you for being so helpful at our time of need. Sincerely, John and Madelyn Swift copy: Mayor Stacy C 1620 Pecos Drive Southlake, TX 76092 June 9, 1998 Ms. Victoria Miller Southlake Fire Department Dear Ms. Miller. Thank you so much for your very informative talk and tour on June 1. Everyone I our group learned a lot and had a wonderful time. It was a real treat to be able to put out an actual fire and the parents were quite at ease with the presence of all the firefighters! We hope all of you enjoy the cake. Is anyone allergic to chocolate or pecans? Thank you for all your help and for being there for us. Southake is fortunate to have you. Sincerely, G � Anne S. Dalton cc: Deputy Director of Fire Services 4,4 C I • . --S C -- . . • � : . - a� �,_. . • ct . .. . • . 4 1 th..„ .. . • • . il \ ?.\. . fek . ..,\ t.,. 11 . ,,:::::• t... .,:zo, , •., ... ! ..,, . •4. . ..ti..._ . .. ,, . .r4, . . ,t . . t L..__ _ t North Texas Chapter P.O.Box 287•Argyle,Texas 76226 1310 East McKinney Street•Denton,Texas 76201 Telephone 940-387-8814•Fax 940-381-2167 Serving Denton,Wise,Cooke,Montague,Wichita,Clay,lack,Young,Archer, Mothers Against Drunk Driving® Wilbarger,Baylor,man,Haskell,Knox,Foard and Hardernan counties iJune 9, 1998 JUN 2 4 Sgt. Devi& Vet n t e l 5 1 Southlake Department of Public Safety OFFIC2 OF CITY 667 North Carroll Blvd. MANAGER Southlake,TX 76092 Dear Sgt.Boris;-D n;e t S I wanted to commend two of your motorcycle officers. Officer Watkins-and Officer Wells helped us at our annual MADDer `N Hell Bicycle Rally by providing motorcycle support along the routes.We really appreciate their help. Many of the riders commented that they saw some type of law enforcement every couple of miles.It really paid off,as far as we know there were no"incidents"this year. These two Southlake officers were very professional and represented your department very well. • If there is anything we can do to help the Southlake Police Department,please give us a call. c Best regards, J :ce... Sandy Lewis volunteer 6,....�2-9, /5/: . G Grapevine High School Grapevine-Colleyville Independent School District 3223 Mustang Drive Grapevine,77( 76051 LIPk01,Cal laa-SCA/) (817) 251-5210 FAX(817)481-5957 John Balky /' Principal {r.J, Rod Davit Assistant Principal �`//� � `F • Calhaioe HenryeZYK anat. U1/4)lJ Assistant Principal Robert Rockwell • r(#4. � - /� n� Assistant Principal ��iitt� L OGLke ` 0 /mil 1jAdat /] (/ (/ a n Mike Sneed - Assistant Principal 13Q) L/vd\cuie dhie61;Qr,itu Warren Marks Counselor Calvin Phillip: L CC Counselor Paula Wilbanks Counselor DWAS Lime Jel/v31,,L0 , L-P Ior etYla *Ai .±,1110-11 Thazl& c.tharlizz_ 4. 1/12AA- ,,,e3 �. "To Strive,To Seek,To Find,and Not To Yield" f' JUMP1 Z'yr A O a a 1� 1;.. • 7s 'Z ' t\ U L. v A a d G 0 Ei W,_ _^+a a U U U g a.. -za rt. @)rj] .. ooF ',on-. 021 CI a .a l 0. F __7.1 (1) oo8W o W oo W N o O /I 1 N .O l� i:U [� '.> �O l� ' [� nn ao 00 J J c i co3 O a o to e _ e bA ^" U U ''ojZ Z is CD o o o (Z VI Z fV ON $ CCS I Y Y u ^ y 'C F...a_A� ~ U a U .Ei_m=««Y U v`) U 2 2 . 2 o o ^+ o 00 o o (NIN e e_ boa V 00 ccE co o s c Cp c 00 «� a c @.) c % U o CI •C L3) U 9 Zr.0' ‘z--:, c-) co oo , C-) ci i7). oo..c .- U V) l L a C•aUvaix O < U a o a a o a o a a ¢ o 0 CD M oo0 O o `+' oo Qo en — 'O a: -• N �' c; -. N c+ —'� 4o [� N 0' — xt eSPIN city managers report July 3, 1998 UPCOMING MEETINGS City Council Meeting July 7, 1998 %MA, ' The following items will be addressed at the regular City July 6, 1998 Council meeting on July 7,1998 Keep Southlake Beautiful 7:00 p.m. Lodge Consent Agenda: 1) Ord. 480-284 Rezoning for south side of East Dove, approximately July 7, 1998 620' west of North Carroll, "AG" to "SF-1A" (#5) City Council 2) Developer agreement for Napa Valley, Phase II (#8) 7:00 p.m. Council Chamber 3) Commercial developer agreement for Georgetown, Phase II (#7) 4) Authorization to advertise for bids for paving of streets in the July 8, 1998 Raintree/Shady Lane area. (#6) SPIN Executive Committee 4:30 p.m. Sr. Activity Center Ordinances, second readings, public hearings, and related items: Sister Cities A) Ord. 275 Rezoning and Concept Plan for The Remington 7:00 p.m. Sr. Activity Center Retirement Campus south of West Jellico Circle (#15) B) Clarification of the Trail System Master Plan, designating the side July 9, 1998 of the road to locate trails. -UC `"7:00 p.m. Admin Building Ordinances, first readings, and related items: Planning and Zoning A) Ord. 480-283 Rezoning and Concept Plan for the Trailhead, 7:00 p.m. Council Chamber located on the north side of Johnson Road, approx. 180' east of Warrington Lane. (#15) elmwas. B) Ord. 480-CC Residential Adjacency Standards Other Items for Consideration I A) for Woodland Heights Addition, 1721-1725 � Sign variance appeal g East Southlake Boulevard (#8) City Implements B) Offer to C.I.S.D. for lease of Town Hall office space and City's Voluntary Water participation in locating football stadium at Town Square site. Conservation C) Reconsideration of an agreement for Administrative Services In an effort to keep water between the City of Southlake and the Southlake Crime Control & storage tanks at proper Prevention District. levels, the City is asking D) Advance Funding Agreement with TxDot and a Professional users to voluntarily reduce Services Agreement with Lan Engineering their water usage. Odd numbered street Other Items for Discussion addresses should water on A) Proposed Highway Intersection Bond Projects odd-numbered days and B) MetroPort appearance before TxDot in Austin given numbered addresses C) Interlocal Agreement with Trophy Club for water service even numbered days. 11 outdoor watering should be done between 4:00 a.m. and 8:00 a.m. `4�� SPIN #9W is €SPIN 8 looking for "` li *wfal additional Public Works Water Liaisons. Projects Liaisons serve the important Miron Elevated Tank function of helping the SPIN Traffic Timing System Representatives distribute This water tower will maintain information to specific adequate fire flow and water Thanks to the State Highway neighborhoods. SPIN #9W pressure to the East Side of the Department who replaced the SPIN #9W is located between City's water system. The traffic light signal controllers at Byron Nelson, South White construction, which includes a no cost to the city and installed Chapel and is south of F.M. second floor in the tank shaft, the signal timing plan in each 1709. Call Pam McCain for has begun, and the City is controller as recommended in information about specific working together with residents the plan prepared by the city's neighborhoods, either at 488- to determine the best paint traffic consultant, Lee 0989 or at her city extension of scheme for the tank. Engineering. 481-5581 ext. 890. The design of this project is complete and has been The plan is set for the morning reviewed by the City. eastbound traffic platoons to be able to proceed at 45 mph from Town Square Water Line Davis through Kimball without d'7Senior Activity stopping: ..�' Center News Due to the future vertical alignment of the proposed N. In turn, the p.m. westbound Carroll/S.H. 114 intersection, traffic platoons will have the a Beginning in the City will locate a section of advantage when travelling at 45 August, seniors the 20" water line from F.M mph. may register and pay for 1709 to S.H. 114 through the the Parks and Recreation Town Square Development. The timing will not flow as trips at the Senior Activity smoothly if cars back up at a Center. The August trip light due to travel above or will also depart from the Water Line to Oak Lane below the 45 mph. Activity Center. The residents of Oak Lane are Frank Dorer and Dick being served via a private Residents may notice that the Johnston are working on water system. The City protected left turns have been the flowerbeds in recently purchased the private changed to enhance the timing preparation for planting. system and proposes to plan. construct an 8" water line to serve the residents of Oak Lane. The design is scheduled to begin in late summer. -.or City of Southiake, Texas Cr" MEMORANDUM July 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: CIP Status Report Background Attached is the status report of projects currently included in the City's Capital Improvement Program for 1996-1998. This monthly report is in a narrative format, which describes the ongoing progress of each project. A graphical schedule of each project is also included which shows the current schedule with it's corresponding baseline schedule. These narrative and graphical updates include the following: (Iire 1996-1998 Sewer& Water Infrastructure CIP Projects 1996-1998 Roadway Improvement CIP Projects 1996-1998 Neighborhood Sewer/Street CIP Projects S.H. 114 Reconstruction Projects Miscellaneous Projects BW/sp Attachment: CIP Report (kir MONTHLY CAPITAL IMPROVEMENT PROJECTS UPDATE July 1998 1996-98 Sewer and Water Infrastructure CIP Projects SEWER INFRASTRUCTURE Project Description: Dove Estates Lift Station &Sanitary Sewer Improvements Discussion: Currently, the Dove Estates subdivision is served with sanitary sewer. This sewer flows to a small treatment facility where it is treated and discharged into Lake Grapevine. This treatment facility is a maintenance problem and requires daily upkeep. In order to abandon the treatment facility, a lift station needs to be constructed so the sewer can be pumped within a force main to the gravity sewer located in Lonesome Dove Estates. The design of this project is complete and the plans are being reviewed by the city. The design of this project has spanned longer than anticipated due to expanding the scope of this project. This change involved analyzing whether other properties near this proposed sewer line can be connected to sewer via these improvements. This project was originally proposed and funded for the FY1996-97, but because no improvements to this project can occur until improvements to the lift station at Lonesome Dove Ave. and E. Dove St. occur, this project was delayed and placed in the FY1997- 98. The estimated design and construction cost is $195,500. 1998 1999 2000 ID Task Name OUration A[SIOjNJD J FIMIAIMIJ JIAISLOINIO D JIFIMIA 56 Dow Estates Sewer 379d (ape I 57 Design 131d 100% 58 Review Flans 75d 35% 59 Obtan light of Way 120d 0% 60 FnafzeFlans 10d 61 Advertise 21d 6 om 0% 62 Counci Bid Award Id Q 10116 63 Obtain Contrail Documents 15d st 0% 64 Reconstrucbcn Conference 1d ,p 1119 I 65 Construction 90d 0X Project Description: Crossroads Square Sanitary Sewer** Discussion: The City budgeted $125,000 in the FY1996-97 CIP budget to construct a sanitary sewer line from the existing lift station at Crossroads Square to the existing sewer line at the end of Caddo Lake Drive in the Lakecrest Addition. A portion of this project was approved and funded for the FY1996-97. The original alignment of the sewer was revised due to the developer of the Shady Oaks Retail Center participating with the city. Under this new alignment, the portion of the sewer line from Caddo Lake Drive to the north side of F.M. 1709 was constructed. Due to the alignment change and increased construction costs, an additional $100,000 is required to design and construct the remaining portion of this sewer line. The remainder of this sewer line is from the entrance to Bicentennial Park to the lift station located at F.M. 1709 and N. White Chapel. With the completion of this section, the existing lift station will be abandoned. The construction plans are complete and have been reviewed by the city. The required easements are now being obtained. The anticipated completion date is the end of October 1998. * Designates a new project ** Designates a revision to a previously proposed project 1 1997 1998 1999 2000 LP' ID Task Name Duration JJFIMIAIMIJ[JIAISIOralD J1F[MIAIMIJIJIAISIOINID JIFIMIAIMIJIJIAISIOINID J�F�M)A�M�JJJ�A�S 89 Crossroads Squae Sewer 267d r, 90 Design 80d gria 100% : k 91 Review Plans 18d ti 100% 92 Obtan Rght of Way 127d 15% 93 Fnaize Rens 3d r t100% 94 Advertise 28d 16110% 95 Council Bid Award I O v 19: 96 Obtain Contract Documents 15d 0% 97 Reconstruction Conference 1d 0/1 98 Construction 15d ® ', 0% Project Description: S-7 Sewer Line Extension* Discussion: The S-7 sewer line serves the southeast portion of the city. With the construction of this extension, the city can eliminate the wastewater treatment facility at Bank Place. This sewer line will also serve the commercial and industrial sites located in this portion of the city. The estimated design and construction cost for this project is $1,000,000. The city anticipates that the design will be completed in the FY1997-98 and the construction will occur within the FY1998-99. Therefore, $100,000 is proposed to be allocated for the FY1997-98, and the remaining $900,000 to be allocated for the FY1998-99. This sewer line was authorized for design. The design of the sewer line was delayed shortly due to a property owner refusing to allow the city to survey the property. Although, permission was recently granted to survey the (le property and the design is proceeding. The intended completion date for this project is February 2000. 1998 1999 2000 2001 ID Task Name Duration NOD JIFIMIAIMIJ JIFIMIAIMIJIJIAISIOINID 122 S•7 Sew er&tension 498d E 123 Design 130d 111120% 20% 124 Review Plans 15d 125 Obtain fight of Way 150d 0% 126 Rnatze Rens 5d 0% 127 Advertise 21d ® 'i0% 128 Caunci Bid Award id 7 129 Wan Carted Documents.._ 15d iv 0% 130 Reconstruction Conference 1d ( /19 131 Cdnstructicn 180d 0% Project Description: N-5 Sanitary Sewer Line (From FM 1709 to Kimball Ave.)* Discussion: This sanitary sewer line will serve the properties located between F.M. 1709 and S.H. 114 from the Wall Street bridge to Kimball Ave. Following the construction of this sewer line, the lift station at Bank Street will be eliminated. The anticipated construction cost for the sanitary sewer appurtenances is $352,000. The engineering will be completed during the FY1997-98 and the construction will take place in the FY1998-99. The engineering has been authorized by City Council and is the beginning stage. L * Designates a new project ** Designates a revision to a previously proposed project 2 199 1999 2000 ID Task Name Duration B�AISIO�N�D J�F�M�A�M�JJJJ�A�S�O�N�D J�F�M�A�M�J �A�S�O�N�D JIFIM1AIMIJIJlAISIOtN 133 NS Sewer 6dension 513d rki 134 Design 130d 0% 135 Review Rens. 15d 0% 136 Oblast Right of Way 150d ..OX 137 Wee Rans__._.,.. 15d — 0% 138 Advertise 21d N 0% 139 Counci Bid Aw ard Id "0% 140 Obtain Contract Documents 15d I RI0% 141 Reconstruction Conference 1d +0% 142 Construction DOVE STREET PRESSURE SEWER SYSTEM Project Description: Dove St. Force Main (Lonesome Dove Ave. to Kirkwood)** Discussion: The first phase of this project was originally approved and funded for the FY1996- 97. The first phase will be constructing a 14" force main along Dove. St. and modifying the existing lift station located at Dove. St. and Lonesome Dove Ave. In the future, an additional 18" force main along Dove St. will be required in order to serve the subsequent development and the existing homes connecting to sewer. Therefore, instead of constructing the 18" force main at a later date and disturbing the area a second time, the city proposes constructing the 18" force main at the same time as constructing the 14" force main. The additional cost is $462,800, of which (by, $300,000 will be allocated for the FY1997-98 and the remainder $162,800 being allotted for the FY1998-99. The design of this project is complete. Approval was received from TU Electric in order for the proposed force mains along Dove St. to be located within the existing TU Electric easement along the north side of Dove Street. Permission still must be granted by the homeowners for the proposed sewer easement, which will be contained within the TU Electric easement. The utility easements are now being acquired. One easement is being appraised for condemnation, if so directed by Council. The expected completion date is March, 1999. 1997 1998 1999 2C' ID Task Name Duration OINID JIFIMIAIMIJ 45 Dove Road Sewer 592d ' 46 Design 347d MIMI/ 47 Review Rees 21d ® 30% 48 Obtain Fight of Way 120d 30% 49 Foot eFlans 10d • 50 Advertise 28d ega 0% Bid Aw 10 52 Co an Con Tact D d O �0% — 52 Oblast Contract Documents 15d ®', 0% 53 53 Reconstructon Conference 1d a 41102 54 Construction 120d 11188818MMIMII 1.1111 ' Project Description: 18"Force Main from Raintree Vicinity to Kirkwood Blvd.* Discussion: This force main will convey the sewer from the Raintree/Shady Lane vicinity to the proposed sanitary sewer line at the intersection of Dove St. and the future Kirkwood Blvd. The cost of this project is estimated at $712,800, although only $432,000 will be appropriated for the FY1997-98. The remaining $280,800 will be funded in the FY1998-99 budget. This project is in * Designates a new project ** Designates a revision to a previously proposed project 3 L its beginning design stage. The design was delayed due to changing the alignment of the force main to cross the Tract III, Westbrook property and property owned by CISD on Highland. The preliminary schedule for this project is as shown below. 1998 1999 2000 1 ID Task Name Duration AISIOND JIFIMIAIMIJ1JIAISIOINID JIFIMIAIMIJIJIAISIOjNID.-JIFIMIAIMIJIJIAISIOINID JIFIMIA 78 Force Main from Raintru Vicinity 640d ' `' 79 Design 275d anammo 40% 10 ^.evV v n,r s 70d, = 5 81 Obtain Fight of Way , 82 FsafzeFlans 20d go irslox 83 Advertise 28d ton ilia0% 84 CounciBidAward 1st +0% 1 85 Obtain Contract Documents 15d ® 0% 86 Reconstruction Conference id 0% 87 Construction 150d . 0% Project Description: Lift Station Located in the Raintree/Shady Lane Vicinity* Discussion: This lift station will pump sanitary sewer from the Raintree/Shady Ln. area to the gravity sanitary sewer located at Dove St. and the future Kirkwood Blvd. The estimated cost of this project is $467,500, of which $318,750 will be allotted for the FY1997-98. The remaining $148,750 will be allocated for the FY1998-99. This project design is completed and the plans are being reviewed. The city has purchased the property where this lift station will be located. The anticipated schedule is as follows: L i 1998 1999 2000 ID Task Name Duration AISJOINID JIFIMIAIMIJ JIAISIOINID JIFIMIAIMIJ1JIAISIOINID JIFIMIAIMIJIJIAISIOINID JIFIMIA 1 89 tilt Station f;Ralntn.ISAady ken 475d- ' 1 90 Design 185d 100% I 91 Review Flans 30d an j 92 ___.____ (Item Fight of Way 150d 100% 93 _ Fnafze Flans 20d OX, I 94 Advertise 28d I 95 Oounci Bid Award id 0% 96 Obtain Contrast Docunerts 15d NI 97 Reconstnrctice Conference id 0% I 98 Construction 150d NI Project Description: 18" Gravity Sewer Line from Mesco Lift Station to Proposed Raintree/Shady Ln. Lift Station* Discussion: This sanitary sewer line will begin at the existing lift station located near the Mesco property and extend to the proposed lift station in the Raintree/Shady Lane area. The initial alignment of this sewer line was to extend along the Jones Branch creekway to the proposed lift station located in the Raintree/Shady Ln. vicinity. During the preliminary design process, it was discovered that there will be and enormous amount of restrictions and permits to comply with if the aforementioned alignment is utilized. These permits and restrictions are attributed to the existing water, marsh, and wetland areas. Therefore, a second alignment has been proposed to extend along Kimball and connect to the proposed lift station in the Raintree/Shady Ln. vicinity. This alignment will bypass the critical areas of the Jones Branch which are sensitive to disturbance. With the construction of this line, the existing lift station at Mesco will be * Designates a new project ** Designates a revision to a previously proposed project 4 Le eliminated. The estimated design and construction cost is $250,000, although only $30,000 will be appropriated in the FY1997-98 CIP budget. The remaining $220,000 will be funded in the FY1998-99 budget. This project is in its beginning design stage. The preliminary schedule is depicted below. 1998 1999 2000 ID Task Name Duration AISIO(NjD JIFIMIAIMIJIJIAISIOINID JIFIMIAIMIJIJIAISIOINID JIFIMIAIMIJIJIAISIOINID JIFIMIA 100 te'S.S.Lino from Masco to Ralntrsa 600d 101 :esqn 102 Review Finis 30d ® 0% 103 Obtain R 0hl of Way 150d ., 0% 104 Fnalze Flans 20d i Ga 0% 105 Advertise 28d tt>n 0% 106 Cowtcl Bid Award 1d t 0% 107 Obtan Contract Documents 15d ® O% `10B Reconstruction Conference Id 0% 109 Constructan 150d I o„rd,.0 <... 0% WATER INFRASTRUCTURE Project Description: 12" Water Line along Continental to Crooked Lane to S. Kimball to F.M. 1709 Discussion: Currently, the existing 12" water line along F.M. 1709 is fed only from one direction. With the construction of the above referenced water line, a loop with the existing 12" Ly. water line along F.M. 1709 with the 12" water line along Continental will be created. The alignment for this water line along Continental has been revised. The plans for this revised alignment have been completed and reviewed by the city. The city is in the process of obtaining the required easements for construction. The easement acquisition should be complete by mid- July. Construction is antici a ated to take at least 180 days. 1997 1998 1999 ID Task Name Duration SIONNID JIFIMIAIMIJIJIAISIOINID JIFIMIAIMIJIJIAISIOINID JIFlMIAIMiJ!JIAJSIOINID JIFIMIAIM 1 67 Cont.entdlifmball Water 633d go 1 1 68 Design 240d 1 00%I 69 Review Flans 107d am )t�lta•i10% 70 Obtain get of Way 200d wispamostIMIllEt 101-45X 1 71 Fnalze Rens 10d a =0% 72 Advertise 28d aa 0% 73 Counci Bid Award Id 0: 1 74 Man Cortrad Documents..__. 15d a 0% 75 Reconstruction Conference Id 0 42 76 Construct cn 180d imitmomomm 0% Project Description: 12" Water Line -Dove St. to Kirkwood Blvd** Discussion: This project will provide water service to the IBM complex in Solana as well as the future development along the future Kirkwood Blvd. This project was approved and funded in the FY1996-97 CIP budget. During the design process, various topography and development concerns led to revising the original alignment. The original estimate, which was funded in the FY1996-97 budget, was $200,000. With the alignment change and the addition of certain valves and fittings, the revised estimate is $326,000. This additional $126,000 will be funded in the ' Designates a new project ** Designates a revision to a previously proposed project 5 FY1997-98 C1P budget. Construction is complete for this project and finished ahead of schedule and under budget. 1997 1998 ID Task Name Duration u l e jOctl o jDe Jan'a jMakp I a IJurlJull u] e jOctl o I e Janj e(MaIAp a TJurfJulj u I e 100 a 56 Dove to Kirkwood Water 300d iw • 57 Design 60d 100%- 58 Review Plans 21d 100% 59 Ctralr 4 ght^f pi3 i Sd 'CC", 60 Finalize Plans 10d 61 Advertise 28d 100% 62 Council Bid Award 1d /28 fI 63 Obtain Contract Documents 15d 100% 64 Preconstruction Conference 1 d . 19 65 Construction 120d 100% l Project Description: 24" Transmission Water Line from Trophy Club to Ground Storage Tank No. 2** Discussion: This water line will provide a second main feed for the city from the City of Fort Worth. This project was approved and funded for $1,300,000 in the FY1996-97 C1P budget. This amount was estimated based on a proposed 20" water line. Based upon a water model study by Freese & Nichols, it was determined that a 24" water line was required in lieu of the 20" line. Therefore the project estimate increased by $211,000. For the FY1997-98 C1P budget, $105,500 will be allocated with the remaining $105,500 budgeted for the FY1998-99 CIP budget. The design of this project is complete. The construction plans have been reviewed by the city and are finalized. The city is in the process of obtaining the necessary easements for this project. The expected completion date is the beginning of August, 1999. 1997 1998 1999 2000 ID Task Name Duration JjFjMjAIMjJjJjAjSj0jNjD JIF�M�A�M�J�JJAIS�OIN�D J�F�M�A�M�J�J�A�S�O�N�D JIF�MJA�M�J�Jlals 12 24'Transmission WaterLine 641d , , 13 Desgn 180d 100% 14 Review Flans 50d ® 1 15 Obtain Fight of Way 237d AL. v35% 16 FnalzeRans .,..._ 10d ti 100% 17 Advertise 28d an 18 Camel Bid Award ld 0 �,j8II0 19 Man Contract Documents 15d ei 0% 20 Reconstruction Conference 1d c 11 21 Construction 240d 0% Project Description: 24" Transmission Line from Ground Storage Tank No. 2 to Dove Elevated Tank** Discussion: The construction of this water line will provide a redundant source from the proposed Ground Storage Tank No.2 to the Dove St. elevated water tower. This project was originally estimated to cost $650,000 in the FY1997-98 CIP budget. The original alignment of this water line was revised in order to bypass Corps of Engineers property. Furthermore, the size of this water line was increased from 20" to 24" for hydraulic considerations. For these reasons, as well as for the purchase of the required easements, the estimated cost increased by $200,000. * Designates a new project ** Designates a revision to a previously proposed project 6 LThe required $850,000 will be financed through the FY1997-98 CIP budget. This project is under construction. The expected completion date is September 1998. 1997 1998 1999 ID Task Name Duration S OINID JIFIMIAIMIJ1JIAISIOINID JIFIMIAIMIJ JIAISIOINID JIFIMIAIMIJIJIAISIOINIO JIFIMIAIM 100 24"Ground Storage 2 to Dove 420d 101 Design 120d 100'/.s 102 Review flans 304 103 Obtain Fight of Way 30d 104 Fnatze Hans 6d 100% 105 Advertise 15d 100% 106 Councl Bid Award 1d 11/18. F. 107 Obtain Contract Documents 15d 100% 108 Reconstruction Conference 1d 12/17 109 Construction 120d 5% Project Description: 20" Water Line from FM 1709/White Chapel to Woodland Heights** Discussion: The construction has been completed and the waterline is in service. Project Description: 12" Water Line on Continental from Crooked Lane to Heritage Business Park* Discussion: This water line is crucial in providing a redundant source of fire flow for Heritage Business Park. This water line will also provide a loop with the existing water lines from LCommerce Business Park and Heritage Business Park to the proposed 12" water line along Continental. The estimate for this water line $162,000. The right-of-way must be replatted to accommodate this water line; therefore the design will not be able to proceed beyond the preliminary stage. The preliminary schedule is depicted below. 1 2000 ID Task Name Duration AISIOINID JIFIMIAIMIJ�JIAISIOINID JIFIMIAIMIJIIJJIAISIOINID JIFIMIAIMIJIJIAISIOINID JIFIMIA 111 12"Lino on Conensnhl to Who, 445d , _ _ :`': 112 Design 210d % 113 Review Flans 21d 0% 114 Obtain Fight of Way 120d 0% 115 Fnatze Hans 10d 4 116 Advertise 28d 0% 117 Counci Bid Award _,__ ..._.....__1d 0% 118 Obtan Contract Documents 15d a 119 Reconstruction Conference 1d ♦♦ 120 Construction 60d 1> 0% Project Description: 12" Water Line on E. Dove St.from White Chapel to Carroll Ave.* Discussion: This water line will replace the existing 6" water line along E. Dove St. The engineering will be funded in the FY1997-98 CIP budget. The estimated cost for the engineering is $22,800. The funding for the construction of this line will be budgeted in the FY1999-00. The estimated amount for the construction is $277,200, therefore the total amount for this project is estimated to be $300,000. The engineering has been delayed until the necessary easements for the force mains along Dove have been obtained. This will help minimize any conflicts if revisions occur to the proposed sanitary sewer force mains. * Designates a new project ** Designates a revision to a previously proposed project 7 1998 1999 2000 L, ID Task Name Duration JIFIMIA MIJ�J�A�S�O�N�D J�F�M�A�M�J)J�A�s�o�N�D J�F�M�A�M� 0J 122 1r on EDav*from we to Carrot 415d , 123 Design 120d 0% 124 Review Plans 21d ® 0% 125 Obtain Right of Way 150d 0% 126 Finalize Plans 10d • ; 10% 127 , Adverse ''ad 3WNNn-•C, 128 Council Bid Award 1d € 0% 129 Obtain Contract Documents 15d ®, ; tor 130 Preconstruction Conference 1d 0% 131 Construction Project Description: 12" Water Line on N. White Chapel from W.Highland to F.M. 1709* Discussion: The current 12" water line along N. White Chapel is deteriorating and requires replacing. The water line will be designed in the FY1997-98 and constructed during the FY1998-99 and FY1999-00. The engineering costs are estimated to be $22,800 and will be allocated in the FY1997-98. The remaining $262,000 will be funded as part of the FY1998-99 and FY1999-00 ClP budgets. The preliminary design and construction schedule is as follows: 1998 1999 2000 ID Task Name Duration FIMJAIMIJIJIA(SIOINJD MIA 133 1 r on We from Highland to FM1709 340d , 1 . 134 Design 45d 0% 135 Review Plans 21d 0;b 136 Obtain Right of Way 150d 0% 137 . .___Finalize Plans__.__, a_ __.1 0% 138 Advertise 28d : '0% 139 Council Bid Award 1d 0% 140 Obtain Contract Documents 15d 0% 141 Preconstruction Conference 1d 0% 142 Construction 90d i 9% Project Description: Miron Elevated Tank** Discussion: This water tower will maintain adequate fire flow and water pressure to the east side of the city's water system. The design of this project is complete and has been reviewed by the city. The original estimated amount for this project has increased from $1,560,000 to $1,860,000. This increase is attributed to required modifications to the elevated tanks at Bicentennial Park and at E. Dove St. once the construction is complete to the Miron elevated tank. These improvements total $90,000. Furthermore, a second floor in the tank shaft will also be constructed as part of the Miron elevated tank. This improvement will cost $60,000. The engineering and construction costs are divided between the FY1997-98 and FY1998-99, which amount to $855,000 and $1,005,000, respectively. However, the low bidder for the project bid $1,485,000. The construction has begun for this project. The city is working together with the residents to determine the best paint scheme for the tank. C Designates a new project ** Designates a revision to a previously proposed project 8 1997 1998 1999 2000 ID Task Name Duratlon No JIFIMIAIMIJIJIAISIOINID JIFjMIAIMIJ JIAISIOINID JIFIMIAIMIJIJIA]SIOINID JIFIMIAIMIJIJ 78 Miron Elevated Tank 585d ' r 79 Design 200d % I 80 Review Flans 16d 00% t I , 81 (Nan Fight of Way Od *424 82 FnafzeRans 21d '-+ee% I 83 Advertise 19d I 'S100% 84 Council Bid Award 1d 6 85 Obtain Contract Documents 15d 100% 86 Reconstruction Conference 1d 87 Construction 230d 1% Project Description: Pump Station No. 2 at T.W. King Rd** Discussion: This pump station will provide water storage and distribution to the northern part of the city. The tank itself was approved and funded for the FY1996-97 for an estimated cost of $600,000. Along with the ornamental facade, which was not estimated in the original cost of the tank, and the increase in the bid of the tank from the estimate, there is a $400,000 increase to the project. The design is complete for the tank itself. Construction on the tank has begun. The design of the pump station is complete and the plans are being reviewed by the city. Construction of the pump station will be delayed until the construction of the 24" transmission waterline begins. For the FY1997-98 CIP budget, $1,825,000 will be appropriated and the remaining $685,000 will be funded in the FY1998-99 for a total estimated cost of the project of$3,110,000. L 1997 1998 1499 2000 ID Task Name Duration NID JIFIMIAIMIJIJIAISIOINID JJF MIALMIJ JIAISIOINID JIF M�AIM(JIJIAISIQINID JIFIMIA!MIJIJ 111 T.W.King Ground Storage Tank 670d , 112 Design 292d 100% 113 Renew Flans 103d 70% 114 Man Right of Way Od .0. •113 115 Feaize Plans 20d % 116 Advertise 28d 0% 117 Councl Bid Aw ard Id I 0% 118 Man Contract Documents 15d 0% 119 Reconstruction Conference 1d 10% Project Description: Oversizing of 20" Water Line Through Town Center* Discussion: The current Master Water Concept Plan requires a 20" water line to loop with the existing 20" transmission line along N. White Chapel and the existing 20" transmission line along F.M. 1709. The proposed route for this water line is along N. Carroll from F.M. 1709 to S.H. 114 thence along S.H. 114 to N. White Chapel. Due to the future vertical alignment of the proposed N. Carroll/S.H. 114 intersection, the city proposes to locate the section of this 20" water line from F.M. 1709 to S.H. 114 through the Town Center Development. The construction plans have been reviewed by the city the water line has been installed. L * Designates a new project ** Designates a revision to a previously proposed project 9 Cie Project Description: McKee Water System Purchase and 8" Water Line Construction for Oak Lane Residents* Discussion: The residents of Oak Lane are being served water via a private water system, which was owned by the McKee Water System. The city recently purchased the rights for the private water system. The city proposes to construct an 8" water line to serve the residents of Oak Lane. Following the construction of the water line, the private well water system will be abandoned. During the r iyti7-9 , $i 75,uuu nas been appropriates for me purcnase of the water system anu engineering and construction of the proposed 8" water line. The preliminary schedule is as follows: 1998 1999 2000 2001 ID Task Name Duration J JIAISJOINID JIFIMIAIMIJIJIAjSIOIN!D JIFIMIAIMIJIJIAJSJOINID JIFIMIAIMIJIJIA1SIOINID JIF 144 Oak Lane r Water Line 443d 145 Despn 60d 0% 146 Review Flans 15d 0% 147 Obtan fight of Way 150d 0% 148 Fnatze flans 15d 0% 149 Advertise 21d 0% 150 Caunci8idAward 1d 0% 151 Obtain Cantrad Documents 15d 0% 152 Reconstruction Conference 1d 153 Construction 180d 0% L L * Designates a new project ** Designates a revision to a previously proposed project 10 MONTHLY CAPITAL IMPROVEMENT PROJECTS UPDATE July 1998 1996-98 Roadway Improvement CIP Projects Project Description: Slurry Seal in Various Subdivisions Discussion: The city has established a roadway rehabilitation program for existing aspnait streets. Primarily, the rehabilitation of the streets will consist of a slurry seal application over the existing asphalt. The city plans to slurry seal each subdivision that has had sanitary sewer constructed to serve the subdivision. The city plans to slurry seal the various subdivisions approximately one year following the construction of the sanitary sewer. For the FY1997-98, $80,000 has been appropriated to slurry seal Emerald Estates, Highland Estates, Whispering Dell Estates, Dove Estates, Harbor Oaks, Brittany Court, and Raven Bend. Project Description: W. Dove Reconstruction from S.H. 114 to N. White Chapel Discussion: Construction of this project involves reconstructing the existing roadway. The widening of the existing cross-section of this road will be limited to 1 to 2 feet. Minor drainage improvements will also be constructed for this project. This project was originally approved to be budgeted for the FY1997-98 for an estimated cost of $150,000. Originally, this project was delayed so as not to risk damaging the reconstructed road during the proposed development along Dove. However, under the recently approved developer's agreement with Maguire Thomas, this project has been moved up to be constructed entirely within the FY1997-98. Therefore, the cost for constructing this project will be allocated within the FY1997-98 CIP budget. The following schedule has been revised to reflect these changes. 1998 1999 ID Task None Duration OctjNovlDec,tanIFe8IWIAPrIPYI uIAuglsep!Oct'NOOK JanIF481M4TIAPTIM3YIANII IAu9ISeoIOctI vIDec Jan IFeblhtarlAPrIMY 89 W Dove 114 to White Chapel 361d r . 90 Design 165d 91 Review Firs 21d p% awn 92 Obtain Right of Way 0d 0 93 Fnatze Bans 10d 0y, 94 Advertise 28d 0% t� 95 Conci Bid Award 1d 1019 0 96 Obtain Contract Documents 15d 0% 97 Reconstruction Conference Id 11(2 0 98 Constructan 120d 0% towsimmesiessi Project Description: Union Church and S. Pearson Reconstruction* Discussion: This project is estimated to cost $534,311. For the FY1997-98, $42,745 will be appropriated for the engineering. For the FY1998-99 & FY1999-00, the remaining $491,566 will be divided equally each FY to fund the construction. If needed, the widening of the existing cross-section of this road will be limited to 1 to 2 feet. The design of the water line along Union Church and S. Pearson will be incorporated in the design of this project. The preliminary schedule is reflected on the following page. L * Designates a new project ** Designates a revision to a previously proposed project 11 Lie ID Task Name Duration Mayl Jun I9ul'Aug'Sep'Oct INov}Dec Jan IFetlMarlAprjMayl Jun I ul[Aug ISepI Oct INovIDec Jan IFeb 110 8 1999 111 Union Church&S.Pearson 316d 112 Design 90d 0% 113 Review Plans 21d 0y, 114 Obtain Right of Way Od 116 Advertise 28d 1 ;0%' 117 Council Bid Award 1d 6 118 Obtain Contract Documents 15d 0%, 119 Preconstruction Conference 1d /22 120 Construction 150d Project Description: N. White Chapel from S.H. 114 to County Line* Discussion: This project will be constructed as a cooperative project with Tarrant County. The city will pay the engineering and material cost and Tarrant County will provide the labor. The estimated material cost is $181,850. The existing cross section of the roadway will remain the same. This project is currently being designed and is scheduled to begin in July, 1998. 1998 1999 ID Task Nane Duration Augl$epjOctINov'Dec JarilFeblraiAprIMayl,tm JhiIAuglsepI Oct INov!Dec Jan lFebl'rIAprlMayI I klIAegI$eoloctilovlDec Jan[Feb[Mar i 122 N White Chapel 378d ' ` ' ' 123 Design 174d IIIIIEN.111 1100% 124 Review Bans ._.. 344 1.O% 125 Man Right c4 Wby oil 126 Fridge Flans ^_ 54 ' �0% Advertise 28d UM 0% 128 Comci Bid Award 1d 0 �'19l3 1 129 Man Contract Documents 15d 1iii ,p% 130 Reconstruction Conference 1d iir 131 Construction 120d 0% Project Description: S. Kimball Extension from Crooked Ln. to Heritage Business Park* Discussion: The projected cost for this project $1,750,000. This project will be designed and engineered during the FY1997-98 CIP budget for $80,000. It will be constructed within the FY1998-99 and FY1999-00. These improvements include constructing a divided four-lane portland concrete roadway. The preliminary schedule is shown below. 1998 ID Task Name Duration AprIMaJunIJJul!Aug'Sep'OctlNovlDec JanJFetiMarlAprJMaylJun1999 u y{ l[Aug'Sad Oct lNovjDec Jan 132 133 S.Kimball Extension 316d ik . 134 Design 90d �. 0% 135 Review Plans 21d 0% 136 Obtain Right of Way Od 137 Finalize Plans 10d 0% 138 Advertise 28d 0%: 139 Council Bid Award 1d /31 140 Obtain Contract Documents 15d 0% L 141 Preconstruction Conference 1d 2 142 Construction 150d 0% * Designates a new project ** Designates a revision to a previously proposed project 12 (le Project Description: N. Carroll from FM 1709 to Ownby* .�"' *Y Discussion: This project is for the realignment of N. Carroll to match S. Carroll. For the FY 1997-98, the project will be designed and constructed. The project will be complete before the Town Center, Phase I is complete. This realignment is also essential before the traffic lights on FM 1709 can be synchronized using a computer closed loop system. The cross-section of the roadway will be 4 lanes divided by a median. The anticipated construction cost for this project is $250,000 and will be funded in the FY1997-98 CIP budget. The project is under design and the schedule is as follows: 1998 1999 2000 ID Task Name Duration Jan IFebiktrIAPrIMOun Jul lAuglDeplOctINnvIDec Jan lFeblMerlAerlMeylJul Jul lAugl$eplOctll 1Dec Jan IFeb'Mx AprFMaylm,nI.kilAug ' 188 R.Cerro]Realignment 271d , r 189 Design 95d 75% 190 Review Pans 21d 0% 191 Obtain RiO of Way Od 192 Fnafize Rens 10d 0% 193 Advertise 28d 0% 194 Camel Bid Award 1d 10116 195 Mao Contract Documents 15d 0% 196 Reconstruction Conference 1d 1119 197 Construction 100d 0% Project Description: Brumlow Reconstruction* (6., Discussion: This project will be constructed as a cooperative project with Tarrant County. The city will pay the engineering and material cost and Tarrant County will provide the labor. The estimated material cost is $112,700. The existing cross section of the roadway will remain the same. The construction has begun and should be complete by mid-July. 1998 1999 ID Task Name Duration AuglSepl Oct lNovlDec Jan IFeblMarIApriMayldm Jul lAuglSepl Oct jNovlDec Jan lFelfirerIAprIIoylinl Jul'Rug'Dee l Oct lNovlDec Jan IRO Mar 144 Brumlow Reconstruction 140d 145 Design 3011 Gm= 100% 146 Review Flans 10d el 147 Obtan Right of Way 0d 0 13 148 Foake Pans 5d 1100% 749 Advertise 28d ; 150 Cw ci Bid Aw ard ld 0 16 151 (Nan Contract Documents 15d tm 00% 152 Reconstruction Conference id o 153 Constructor SOd 75% Project Description: Traffic Signal Lights on F.M. 1709* Discussion: Recently, the city conducted a traffic signal warrant analysis along F.M. 1709. The results warranted traffic signal lights at the intersections of Shady Oaks and F.M. 1709 and Commerce and F.M. 1709. For the FY1997-98 CIP budget, $100,000 will be appropriated for the signal lights at each of these intersections. The design is complete and approved by TxDOT for these traffic lights and installation should begin by August, 1998. L * Designates a new project ** Designates a revision to a previously proposed project 13 Project Description: Traffic Signal Light Synchronization on F.M. 1709* Discussion: As discussed in the past, HDR Engineering was retained to perform a F.M. 1709 Traffic Signal Study. Their report was delivered to the city on August 8, 1997. This report confirmed staffs opinion that the signals along F.M. 1709 should and could be coordinated by means of a centralized computer system. Council recently approved a professional service contract with Lee Engineering to proceed with the design of this coordinated system. For the f v J.99 7-98 CHI budget, $25,uUU has been appropriated for the design of this project. funding for this project was placed in the 1998-1999 budget cycle. The anticipated amount to fund the implementation of the proposed computer closed loop system is $250,000. In the interim, a timing plan has been submitted and approved by TxDOT for the existing traffic lights, as well as for the proposed signal lights at Shady Oaks Drive, Town Square, and Commerce Street. With the implementation of the timing plan, the traffic lights will be sequenced or time based coordinated with one another to allow for more through traffic along F.M. 1709. The timing plan will be phased to account for the peak flow of traffic with respect to the time of day. Project Description: Byron Nelson Parkway and Southridge Lakes Parkway Striping* Discussion: For the FY1997-98 CIP budget, $65,000 has been appropriated to stripe Byron Nelson Parkway and Southridge Lakes Parkway. Prior to restriping Byron Nelson, a portion of the roadway will be widened south of the intersection of Wentwood and Byron Nelson. The widening will improve the transition from the 4-lane divided roadway to the 4-lane undivided section of roadway for the southbound traffic. Permission has been granted by City Council to advertise for bids for this project. The plans are being designed and should be complete by mid- Cie July. The preliminary schedule is as follows: 1998 1999 2900 ID Task Nana oration AprltkylJun Jul lAuelsepiOdI vICec IFeblkiarlAXIMIYIJ1lol.UlAu91$eplWINlDec Jan lFeblIIAvrlPMYl.jnl.ilAu9l$eplWlNN 199 Byron Nelson Nesaping 135d rimmmommov 200 Win.. w 45d 80% 201 Review Rans 202 Obtan Right of Way Od 16 203 Fnaize Runs 10d pf, 204 Advertise 28d 0% 205 Card Bid Award 1d 16 206 Obtan Contract Documents 15d 0% 207 Fteccestruction Conference 10 1018 1208 Construction 30d 07(, L * Designates a new project ** Designates a revision to a previously proposed project 14 MONTHLY CAPITAL IMPROVEMENT PROJECTS UPDATE July 1998 1996-98 Neighborhood Sewer/Street CIP Projects NEIGHBORHOOD SEWERISTREET PROJECTS Project Description: Shady Lane Area (Sewer, Water and Road Improvements)** Discussion: Originally, $1,467,445 was approved and appropriated for the FY1997-98 CIP budget. Due to expanding the original concept of this project, there is an increase of$458,550. This is attributed to providing sanitary sewer service for the residents north of the Jones Branch creek as well as building the ultimate culvert under Shady Ln. across the Jones Branch. The construction of the water lines will replace the existing undersized water lines. The design is complete for this project. Construction has begun for this project. The sewer is 90% complete and the water is 65% complete. Approval was recently granted by the City of Grapevine to allow a portion of this sewer flow through Grapevine's sewer system. An interlocal agreement is now being processed with the City of Grapevine. This section of sewer line has been bid on but the contracts will not be executed until the interlocal agreement with Grapevine is complete. The street portion along with the construction of the culvert under Shady Lane will be bid separately following the completion of the water and sewer lines. The street construction is anticipated to begin in mid-August, 1998. 1997 1998 1999 (1011Ie ID Task Name t.jr1Ion A�SLOIN�D J�F�M�A�M�J�J�A�S�O�N�D J�F�M�A�M�J)J�A�S�O�N�D J�F�M�A�M�J�J�AJS�O�NJD J�F�M�A 1 Shady Lane Water/Sewer/Roads 537d 2 Desgn 75d 100% 3 Review Ram 21d 100% 4 Cbtan fight of Way 210d 95% 5 Fnatze Flans 10d 100% 6 Advertise 25d ® ii100% I 7 Councl Bid Award 1d Q 4112116- 8 cbtan Contract Documents 15d 8l100% 9 Reconstruction Conference ry Id Q 117 11 10 Construcbon 210d 75% Project Description: Huntwick Sanitary Sewer/Abandonment of Lift Station at Carroll and Dove** Discussion: This project has existing funds allotted. Due to a revision in the project, the project will cost an additional estimate of $92,000. This additional cost will be funded in the FY1997-98 CIP budget. The revision includes abandoning the existing lift station at E. Dove and N. Carroll and constructing a new lift station near Quail Creek Estates. Construction of these improvements will provide sanitary sewer service to Huntwick Estates. All easements have been acquired and the project construction is underway. The anticipated construction date is the end of July 1998. (obey, * Designates a new project ** Designates a revision to a previously proposed project 15 (iira„ 1997 1999 199 ID Task Name Duration AISIOINID J�8�A�S�O�N�D J�F�M�A�M�J�J�A�S�O�NJD JIFIMJA 12 1#ntwick Sewer 401d , 13 Desgn 606 =Ma 1111013% 14 Review Rans 15d ga 100% 15 Obtain Rght of Way 200d 100% 16 Fnatze Flans 10d ® (t00% 18 Counci&d Award td 0 111118 19 Obtan Contract Documents 15d ® . 100% 20 feconstructice Conference 1d 0 �� 12/23 21 Construction 160d 80% Project Description: Mission Hills Sanitary Sewer** Discussion: This project was approved and funded for the FY1996-97 in the amount of $368,000. The cost for this project has increased due to efforts to save existing trees and replace existing landscaping within the R.O.W. This increase totals $62,000 and will be funded through the FY1997-98 CIP budget. All easements have been acquired and the project has begun.. The preliminary schedule below reflects an anticipated com?letion date by mid-August, 1998. 1997 1998 1999 ID Task Name Duration AISIOLNID JIFFMIAIMIJ JIAISIOINID JIFIMIAIMIJIJIAISIOINID JIFIMIA 34 Mission Ills Sewer 484d 35 Design 75d Mee 100% 36 Review Rans 21d 100% 37 Man Right of Way 130d �100% 38 FnatzeFkns 10d 100% 39 Advertise 16d 00 100% 40 .Counci&dAward _ td +112116. I 41 Man Contract Documents 15d in t0% 42 Reconstruction Conference 1d 0 43 Ccostructicn 120d 35% Project Description: Burney Ln. Reconstruction from N. Carroll to Lonesome Dove Ave.** Discussion: Construction of this project involves reconstructing the existing roadway. If needed, the widening of the existing cross-section of this road will be limited to 1 to 2 feet. Minor drainage improvements will also be constructed for this project. This project was approved to be funded for the FY1997-98 for an estimate of$129,400. We received an updated estimate reflecting the current construction prices and the estimate was $17,600 higher for a total of$147,000. This increase will be funded through the FY1998-99 CIP budget. The preliminary schedule for this project is depicted on the following page. L * Designates a new project ** Designates a revision to a previously proposed project 16 8 19 ID a skHCarroumlon.som.aon:am e Duration OctiNovlDec JanlFeblMarlAPrlMaylJu19A lAuglSepl Oct lNovlDec JanlFebllarIAPrIM3y1Jun9 Jul IAugISePI Oct lNoylDec,tan FFebllvhrlAPrlMIy imy ek 2 Design 105d 75% 3 Review Hans 21d 0% 4 Detail Right of Way Od 5 Fnafze Hans 10d ar% 7 CouncI Bid Aw and 1d 0. 1102 8 Cbtan Contract Documents 15d X se 9 Reconstruction Conference 1d 0 10/26 10 Construction 90d 014 Project Description: Love Henry Court Reconstruction** Discussion: This project was approved to be funded for the FY1997-98 for an estimate of $109,00 to design and reconstruct the road. These proposed improvements include replacing the existing concrete curb and existing asphalt roadway and constructing minor drainage improvements. The City Council directed staff to include the sanitary sewer for this subdivision as part of this project. The estimated cost for the sanitary sewer is $350,000. The project will be funded with $206,425 in the FY1997-98 CIP budget & $152,575 in the FY1998-99 CIP budget. This project is under design. The preliminary schedule for this project is depicted below. 1998 1999 2C: ID Task Name Duration NovjDec Jan lFeblMarlAprIMIX1 Jun IAilAuglSePlOclllrarloec Jan IFebJIWlAPriIylJun I Jul IAu9ISevl Oct INNI Dec Jan lFebl Mar 1011AaylJan 12 Love Henry Court 236d + I I I I 1 I 1 `(111110e ; 13 lkspn low 211% 14 Review Hans 21dgis 0'!e 15 Oblan Fight of Way Od 16 FnaiteFans 10d do 0% 17 Advertise 28d domi O% 18 Counci Bid Award 1d 0 1023 19 Main Contract Documents 15d I ria 0% 20 Freconstructim Conference Id - I 0 11/16 21 Congruence 60d 0% Project Description: Lake Dr. Street Reconstruction along w/Water&Sewer Improvements** Discussion: This project was approved to be funded for the FY1997-98 for an estimate of $93,000. An updated estimate reflecting the current construction prices along with the addition of constructing a water line and sewer line along Lake Dr. was received. The proposed water line will replace the existing undersized water line along Lake Drive. The proposed sewer line will serve the residents along the east side of Lake Dr. The reconstruction of the road will include widening the existing pavement 4'-6' in order to obtain a continuous 22' wide cross section. The estimate was $76,000 higher for a total of$169,000. This increase will be funded through the FY1998-99 CIP budget. The preliminary schedule for this project is depicted on the next page. L * Designates a new project ** Designates a revision to a previously proposed project 17 L 18 9 ID Task Name Duration Oct INwIDec Jai IFeblMarFAPrIMaYIJrnlJl1Au9IsePIOctlNovIDec Jan lFebI IAP<IMIYIJunI9aiiIAu9IsePlodl I ifebjkiarlAPrIkNY 23 Lake Drive 315d sb 24 Design 60d 100% 25 Review Hans 75d 15% 26 Cbtan Right of Way 90d 0% 27 Fnatze Hans.._...... 104 o 29 Counci Bid Aw NA ld . f22 30 Obtain Contract Documents 15d0% I 31 Reconstructor'Conference 1d O 10114 32 Construction 120d 0% Project Description: Pine Dr. and Lilac Ln. Reconstruction** Discussion: This project was approved to be funded for the FY1997-98 for an estimate of $168,768 and funded for the FY1998-99 for an estimate of$65,832. The construction for this project has been moved up in priority to begin in the FY1997-98. The design of the sewer and road reconstruction is underway. The estimate reflects only the anticipated costs to reconstruct the roadway. The estimate reflects widening the proposed roadway by 1 to 2 feet. Council will determine in the future if the sewer will be funded and constructed prior to reconstructing the roadway. The preliminary schedule for this project is depicted below. ID Task Name Duration' ur MaylJ99JullAugISN)IOctINwlDec Jan lfebIMarIAPrIMIYkmI Ill IA14I8e0IOdINovIDec Jan IFebltiarIAPr]MaylJun I All IAu9ISepIOctININIDec i 34 Liar/Pine 330d 4 • (Ihre 35 Design 75d r 36 Review Rans 21d r la 37 Obtain Right of Nay 90d 38 Fnai¢eFlans 10d 'r 39 Advertise 28d 1 40 Courci Bid Award ld 41 Obtain Contract Documents 15d 0%1 42 Reconstruction Conference ld I 0 43 Constnuction 120d r Project Description: Sutton Place Drainage (CDBG) Description: As part of this fiscal year's CDBG project, Sutton Place is scheduled for drainage improvements. Storm drain will be constructed in the subdivision and also extended to relieve the offsite drainage. The plans have been designed and reviewed by the city. The required drainage easements are being obtained. The city portion to fund this project is estimated to be $35,000. The preliminary schedule is shown on the next page. L * Designates a new project ** Designates a revision to a previously proposed project 18 1997 8 1999 ID Task Name Duration NJD J�F�M�A�M�J�JIA�S�O�N�D J�F�M�A�M�J�JJIAISJOINID J�F�M�A�M�J �AJS�O�NID JIFIMJA!MIJIJ 155 Sutton Place Ravage(CDBG) 300d i 156 Desgn 60d 100% 157 .Review Flans...... -21d 10O% 158 Obtain Rgtt of Way sod 33% I159 Fnalze Flans 10d 161 Council Bid Award 1d 162 Obtain Codract Documents 15d 100% 163 Reconstruction Conference Id d OQ 164 Construction 100d 0% Project Description: Harrell Drive Reconstruction* Discussion: Construction of this project involves reconstructing the existing roadway without widening the existing roadway. The existing drainage problems will be addressed in the design of this project. This project is estimated to cost $140,000. For the FY1997-98, $11,200 will be appropriated for the engineering. For the FY1998-99, the remaining $128,800 will be funded for the construction. The preliminary schedule is shown below. 1998 1999 ID Task Name Duration May4JunI Jul lAugISep1 Oct INoviDec Jan JFetlMarlAprIMayl Jun I Jul'Aug'Beni Oct INovl Dec Jan IFeb 99 100 Harrell Dr.Reconstruction 271d w 101 Design 75d 0% 102 Review Plans 21d 0% 103 Obtain Right of Way Od ♦ 2416 104 Finalize Plans 10d 0% 105 Advertise 28d 0% 106 Council Bid Award 1d 10 107 Obtain Contract Documents 15d 0% 108 Preconstruction Conference 1d •/1 109 Construction 120d 0% Project Description: Year 3 Neighborhood Sewer (Jellico, Cross Timbers, Dove Acres, Hillwood Acres) Discussion: As part of the Neighborhood Sewer Program, sanitary sewer service will be provided for residents in Jellico Estates, Cross Timber Hills, Dove Acres, and Hillwood Estates. The estimated engineering and construction cost is $2,000,000. Due to the extent of these projects, $1,550,000 will be budgeted for the FY1997-98 CIP budget and $1,150,000 will be budgeted in the FY1998-99 CIP budget. The construction plans have been completed for Dove Acres and Hillwood Estates and have been reviewed by the city. The required easements are being obtained. The final plans for Cross Timbers have been completed and are being reviewed by the city. The plans for Jellico are also complete and are being reviewed by the city. L * Designates a new project ** Designates a revision to a previously proposed project 19 1998 2000 ID Task Name )oration JjJ A�S�O�N�D J�F�M�A(M�J999 �A�S�0(NID J�F�M�A�M�J �A�S�O)N10 J�F�M�A 34 Inwood,Dove Acres.Jelico 465d , 35 Design 120d 100% 36 Review Flans 68d 100% 37 Cbtan Fight of Way 90d % 38 Fnatze Flans 10d ry 0% laverise :ua 40 Counci Bid Award Id 0 1 41 Obtan Contrail Documents 15d l 0% 42 Reconstruction Conference 1d 0 i • 2 43 Construction 2104 0% 1998 1999 ID Task Name ration AISIOINID JIFIMIAlMlJIJlAISIOJNjD JJFIM�AJM�JJJJA�SjO�N�0 JIFIMjA!MIJIJ Du IAISIOINID JIFIMIA 45 Cross Timbers Sewer 534d ' 46 Design 174d p0 47 Review Flans 30d = 30X 48 Obtan tight of Way 150d 0% 49 Fnalze Elms 45d 0% 50 Advertise 28d iima 0% 51 Counci Bid Awand 1d 0 10/23 52 Obtain Contract Documents 15d I EN 0%1 53 Reconstruction Conference 1d 0 11116 54 Construction 240d j 0% Project Description: Cedar Creek Plantation Sewer Description: The design of the sanitary sewer for this project is budgeted in the FY1997-98 CIP budget. The design is taking place. The anticipated cost for engineering and construction is $120,400, of which $10,000 is required for the engineering. The construction of the sewer line is scheduled for early in the FY1998-99. The preliminary schedule is shown below. 1998 1999 2000 2001 ID Task Name Duration JIFIMIAIMIJ J�A�SIOIN�D J�F�M�A�M�J]J�A�S�O�NJD J�F)MIA�M�JJJ�AISIOIN�D J�F�M�A�M�J)J�A�s 144 Plantation Sewer 211d 145 Desgn 454 % 146 Review Ran 21d X 147 Man tight of Way 0d jr 1 148 FnatzeFlans 10d 0% 149 ..._.,Advebse.._... 2 150 Counci Rid Award..__,_,...... Id 0% 151 Piton Contrail Documents 15d 0% 152 Reconstrucban Conference 1d 10% 153 Construction 90d IMMO O%' Project Description: Seal Coat- Woodland Heights and 8" Water Line Construction Discussion: This project was originally funded for completing the seal coat in the FY1996-97 for an estimated $17,500. The seal coat has been completed. The 8" water line was approved to be funded for the FY1997-98 at an estimated cost of$30,000. This water line will loop the water (kr° line within the Woodland Heights Subdivision and Cambridge Place, Phase II. The design of this * Designates a new project ** Designates a revision to a previously proposed project 20 • water line will begin once the construction of the water line in Cambridge Phase II has been built and accepted by the city. Project Description: Highland Road from Shady Oaks to White Chapel Discussion: This project involves reconstructing the existing roadway. Although there will be no widening of the roadway, the alignment of W. Highland will be realigned with E. Highland. The city is currently negotiating with two homeowners to acquire the required right-of-way. The city hopes to have this right-of-way by mid-July. Construction is anticipated to last for 180 days. 1997 1998 1999 I ID Task Name Duration AISIOINID JIFIMIAIMIJIJIAISIOIN D JIFIMIAIMJJIJIAISJOIN 0 JJF[MlAlM[JlJIAlSIOlNID JfFjMjAIM 12 l8ghland(Shady-1AC) 689d ! 13 Design 14 Review Rens 21d 00% 1 15 Man Right of Way 358d 60% 60% I I 16 Foaze-Rana.—W _.- ..,.._.641 4 1.60391. i i 17 Advertise 28d ® 0% 18 Counci Bid Award Id 0 I I 7 19 Obtain Conrad Documents 15d ® 0% 20 Reconstruction Conference 1d ' 0 ( 18 21 Construction Project Description: Ridgecrest Road Discussion: This project involves reconstructing the existing roadway and constructing various (11b., drainage improvements. If needed, the widening of the existing cross-section of this road will be limited to 1 to 2 feet. The design of this project is completed. The offsite easements for drainage are currently being obtained from the downstream property owner. Construction is anticipated to take at least 90 days, which will place the completion date at the end of January 1999. 1997 1998 1999 2000 , ID Task Name Duration MIAIMIJIJIAISIOINID JJFJMIAIMIJIJIAISIOINID JIFIMIAIMIJIJIAJSIO]N)D JIFIMIAIMIJIJIAISIOINID 34 Ridgecrest Road 465d ' 35 Design 140d 100% 36 Review Flans 5d ma 100% 37 Obtain ROI of Way 197d I 50% 38 FnalzeRens 10d IN 0% 39 I Advertise 21d on0% 40 Counci idAwaid 1d 0 18 41 ObtainCantrad Documents w 15d sk 0% 42 Reconstruction Conference 1d 0 43 Construction 90d 0% Project Description: Continental Blvd from Davis to White Chapel Discussion: This scope of this project involves reconstructing the roadway and improving the drainage along Continental. The roadway width will be increased in areas as needed at various intersections with side streets from subdivisions and in front of Carroll Elementary. At these locations, the roadway will be widened to three lanes. The design is almost complete. The city will need 30 days to review and approve these construction plans. Obtaining the required easements and right-of-way may take longer than originally anticipated. This delay will probably occur in part because of a negotiations with property owners along Continental who own * Designates a new project ** Designates a revision to a previously proposed project 21 Ce unplatted property. Construction is anticipated to take at least 180 days. This project should be completed by the beginning of May, 1999. I 1997 1998 1999 ID Task Name Duration JIFIMIAIMIJIJIA SIOINID JIFIMIA MI_JIJIAISIOLNID JIFJMIAIMIJIJIA 45 Continental Blvd 510d ♦ #' 46 Design 261d %►85%: 47 1 Review Plans 21d © 4Y 10% _ 48_.. Obtain Rignt of Way 150a i -------__-""— 0 49 Finalize Plans I 10d ® 0% 50 Advertise 21d ®j . 10% 51 Council Bid Award 1d d . 14 52 Obtain Contract Documents I 15d ® 0% 53 Preconstruction Conference 1d O+ �,g/7! 54 Construction I 180d 0% Project Description: Burney to Cul-de-sac Discussion: This project involves reconstructing the pavement from the cul-de-sac to approximately 1250' west along Burney. The design of this project is complete and the plans have been reviewed. The construction project was recently bid and construction will begin in the near future. Construction is anticipated to take at least 90 days. 1997 1998 1999 ID Task Name Duration FIMIAIMIJIJIAISIOINID JIFIMIA MIJIJIAISIOINID JIFIMIAIMIJIJIAIS 56 Burney to Cul-de-sac 313d I 1 57 Design 150d ® 100% L, 58 Review Plans • 15d 100% 59 Obtain Right of Way Od a 60 Finalize Plans 20d .1 100% 61 Advertise • 21d i am 100% 62 Council Bid Award 1d 5 63 Obtain Contract Documents 15d 0% 64 Preconstruction Conference 1d (> /27 l 65 Construction 90d 0% S.H. 114 RECONSTRUCTION PROJECTS The State of Texas has recently committed to appropriating money over the next several years for the reconstruction of S.H. 114. Consequently, the City of Southlake must satisfy several agendas before the start of construction. The next few projects listed need to be funded for the FY1997- 98 CIP budget in order to carry out these agendas. Project Description: Channel Improvements along the Jones Branch* Discussion: Currently, Wal-Mart and the Village Center Development are detaining the runoff from their sites. The proposed R.O.W. for S.H. 114 along these developments is the land area, which these detention ponds presently occupy. These detention ponds will be eliminated for the reconstruction of S.H. 114. Before these detention ponds are eliminated, provisions must be made to the downstream properties in order to increase the capacity of the current Jones Branch. The city will appropriate $25,000 for the FY1997-98 to fund the engineering and $475,000 in the FY1998-99 to fund the construction and easement acquisition of drainage improvements along * Designates a new project ** Designates a revision to a previously proposed project 22 Cri the Jones Branch. These improvements must be accomplished before construction of S.H. 114 begins. Project Description: R.O.W. Acquisition at S.H. 114 and Dove St.* Discussion: The city has committed to obtaining the additional R.O.W. required to build the future intersection of Dove St. and S.H. 114. The estimated cost for the appraisals, property, etc. is $1,500,000, which will be funded for the FY1997-98. Project Description: Utility Relocation along S.H. 114* Discussion: The city must relocate the existing utilities, which are located in the S.H. 114 R.O.W. These utilities must be relocated prior to construction of S.H. 114. For the FY1997-98, an estimated $269,600 will be required to relocate utilities before the first phase of construction begins (Kimball/S.H. 114 intersection). MISCELLANEOUS PROJECTS Project Description: Heritage Business Park Infrastructure Improvements* Discussion: The city is committed, through the Developer's Agreement, to reimbursing the developer for the oversizing of the water line along Kimball and the street improvements constructed in the Heritage Business Park. These reimbursements are estimated to cost $85,000 and will be funded in the FY1997-98 CIP budget. Project Description: Keller Water Meter Purchases for Southlake Residents on Keller Water* Discussion: The City of Keller currently provides water service for approximately 250 residents of the City of Southlake. In order to transfer these customers to Southlake water, the city must purchase these water meters, water lines, etc. Therefore, the city proposes to transfer residents in the coming fiscal years in phases. For the FY1997-98, the city is allotting $250,000 for the purchase of a number of meters. In the subsequent years, all residents of the City of Southlake will be transferred to Southlake water. L * Designates a new project ** Designates a revision to a previously proposed project 23 City of Southlake,Texas • STAFF REPORT July 2, 1998 CASE NO: ZA 98-056 PROJECT: Ordinance No. 480-284. First Reading / Zoning Change/Tract 1D, Absolom H. Chivers Survey, Abstract No. 299 STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as Tract 1D situated in the Absolom H. Chivers Survey, Abstract No. 299, and being approximately 2.477 acres. LOCATION: South side of East Dove Street approximately 620' west of North Carroll Avenue. OWNERS/APPLICANTS: Michael E. and Cynthia L. Miller CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1A" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Eight (8) RESPONSES: One (1)response was received within the 200' notification area: • Mark and Linda Guest, 2015 Camelot Drive, Grapevine, Texas, in favor of. (Received 6/11/98) P&Z ACTION: July 18, 1998; Approved(7-0). STAFF COMMENTS: Please note that a change of zoning to the "SF-1A" Single Family Residential District does not require a Concept Plan Review by Staff. L:\COMDEV\WP-FILES\MEMO\98CASES\98-056Z.WPD C t • 1 0•1;17,;: 4:51163,40.,,, • au NI illillide Iff a Nu EB II° •• 0.11111.111 -4.04-7,4 aravilik, I . -fii_ sai 1 , /ii litAil �� vejk 2/ ' 3 .i 1 mu 4.1, „,,,,6_8_ _A_____prr-iirms-laid.� i _r_ ii I mit- cam 51,-„.„...,101‘, I Awkikimarnumulilum a.oN \10, A I I la al 1011:11 riii 1.._ 1 -NI „:., f,,,, , --- ■i 11, Nill 114kt. ce►��... ../. �. `/ 4 . � � t� r 1" .i ► fir� sOG ill .11 045 0/1411 111 IMIIIIIIVP di oral"- ,..A 0 1 ill _ ta _._, ... _4)AN.f. NH ii 1 1 .1 I a I Iro VI-N. ' . I � ' i 1 MN I Ill /Th 1 kftl \ f p,�,c.E .` ..rl- i - ril'_, W 1 Ali Li I alll �� ik 4iiies• '‘,. , IF7401.44.._ I Itoamp,.,... .. bi I -- =-- blaill • a4 TRACT MAP I�� I -- I5A I \ ■ CI _—. , . TR 20! i3 10.0 AC )1.5 @ (hisse ' "SF-1 A" "CS" I i R. 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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 ` ' " ,F $ ',' 'ae,%1 1 , 7 1E 11 MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM A ]%A TO DT 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 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 Via' � ultial under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by WORD\ZONING1480.145 Page 1 6Aq .. Lthe City Council did consider the following factors in making a determination fas to whether these '.f 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 of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, G:\ORD\ZONING1480.145 Page 2 • L is herebyyamended so that the permitted uses in the hereinafter described areas be altered;changed and amended as shown and described below: Being 4i ," ;,0t Ii ° y�'•, b764-,.i ` mA r I x, ,r c °and more fully and completely described in exhibit "A" from &' A4 .4Jkoi"mi to ' t -'4oi!_ ;"i le'11S 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; L 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 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 G:\ORD\ZONING\4&0.145 Page 3 Land 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: CITY SECRETARY C G:\ORD\ZONING\480.145 Page 4 55h7 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY • DATE: ADOPTED: EFFECTIVE: C C G:\ORD\ZONING W 80.145 Page 5 6A8 EXHIBIT"A" WHEREAS MICHAEL&CYNTHIA MILLER are the owner's of Tract ID as conveyed by-deed in Volume 12968,P. 528 of tht Deed Recnrdc of Tarrant County Texas and being more particularly described as follows: BEGINNING at the northeast corner of said Miller tract,same being in the centerline of Dove Road:— THENCE S 00°24'43"W along the east line of said Miller tract, same being the west 1 line of Tract ICI as conveyed to D.J. Wilson Jr. in Volume 7695, Page 52R of the Deed Records of Tarrant County,Texas for 672.81' to a found iron rod at the southeast corner of said Miller Tract; - THENCE N 89°23'12"W along the south line of said Miller tract for 160.54' to a found iron rod at the southwest cornet of said Miller tract, same being the southeast corner of Lot 1 of the A. H. Chivers No. 299 Addition as recorded in Cabinet A, Slide 1801 of the Plat Records of Tarrant County,Texas; • THENCE N 00°24'1T'E along the east line of said Lot 1 for 671.09' to the northwest corner of said Miller Tract same being in the said centerline of Dove Road; THENCE East along said centerline for 160.63' to the POINT OF BEGINNING and CONTAINING 107.901 crntare feet or 2.477 acres of land more or less. (se. G:\ORD\ZONING\480.145 Page 7 SA 1 City of Southlake,Texas MEMORANDUM July 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Charlie J. Thomas, Public Works Deputy Director SUBJECT: Authorize the Mayor to Enter into a Developer Agreement for Napa Valley, Phase II, Lots 11R, 12, 13, and 14, Block 1, being just East of Carlisle Lane, Approximately 270' North of the Intersection of Carlisle Lane and E. Continental Blvd. Background The Developer Agreement for Napa Valley, Phase II, Lots 11R, 12, 13, and 14, Block 1 is attached with the following additions: • GENERAL REQUIREMENTS Section B will allow Building Permits to be issued after infrastructure listed in the Agreement has been completed. The Developer chooses not to provide the usual requirements of Cash Escrow, Letter of Credit, Performance Bond or Payment Bond at this time. There are several strikeout sentences throughout the Agreement that refer to the requirements. Maintenance Bond requirements will remain the same. Allowing the Developer to construct an Addition without the above requirements has been done previously, as in the case of Napa Valley, Phase I and Myers Meadow. Section C will allow Building Permits to be issued before the City accepts the Addition only if the Developer obtains a Cash Escrow, Letter of Credit, Performance Bond or Payment Bond as set forth in Agreement. Essentially, no building permits will be issued until the developer obtains these documents or the development is accepted by the City. The developer may begin construction of the development but will not be able to release 10% of the lots prior to acceptance of the development or obtainment of these documents. This is a standard practice, but not the usual practice. Usually, the developer will obtain these documents so that 10% of the lots can be released and building permits can be issued for these lots prior to acceptance of the development. • OFF-SITE DRAINAGE: (0••, This issue was addressed with the original Napa Valley, Phase II Developer Agreement. 5B-1 • MEMORANDUM CURTIS E. HAWK NAPA VALLEY, PHASE II LOTS 11R, 12, 13, & 14, BLK 1 JULY 2, 1998 PAGE 2 OF 2 • OFF-SITE SEWER This issue was addressed with the original Napa Valley, Phase II Developer Agreement. • PARK FEES In accordance with Subdivision Ordinance No. 483-F, Section 7.0, the Developer will be required to pay a Park Fee of$1,000 per acre for 4 lots minus the $500 previously paid for the original platted Lot 11 for a total Park Dedication Fees of$3,500 in lieu of dedicating park land. Please see the attached memorandum from Kevin Hugman, Interim Director of Parks and Recreation, dated July 1, 1998. Recommendation It is recommended to authorize the Mayor enter into a Developer Agreement for Napa Valley, Phase II, Lots 11R, 12, 13, and 14, Block 1, being Georgetown, Phase IV, being just east of Carlisle Lane, approximately 270' north of the intersection of Carlisle Lane and E. Continental (haw Blvd. Please place this item on the Regular City Council Agenda for July 7, 1998 for City Council review and consideration. CT/ls Attachment: Agreement Kevin Hugman Memorandum M:\W D-FILES\PROJECTS\98-50I l\da-mem I.doc C 5B-2 DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas,hereinafter referred to as the "City," and the undersigned Developer,hereinafter referred to as the "Developer," of the i; . to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the "Addition," which is described on the attached Exhibit"Al" for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 0 4 lots contained within the Addition the ' y 4 0 1 se 1 �� and to the off-site improvements necessary to support the Addition. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Upon the installation of water and sewer mains, the approval by the City of water quality,the satisfaction of all Fire Code requirements, the installation of street signs with street names and block numbers, and the completion of the streets, the Addition shall be accepted by the City as provided in Paragraph IE below and building permits shall be available. C. If Developer desires to obtain building permits for the construction of houses before the Addition is accepted, either a Cash Escrow, Letter of Credit, Performance Bond or Payment Bond, acceptable to the City, will be made guaranteeing and agreeing to pay an amount equal to 100% of the value of the facilities yet unconstructed as of the date of the building permit request. Said instrument to provide for payment to the City of such amounts, should be Developer fails to complete said work within two years thereafter. All bonds would be approved by the Best-rated bonding company. All Letters of Credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approves the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. DEVELOPER AGREEMENT 5B-3 E. It is further agreed and understood by the parties hereto that upon acceptance by City,title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative,provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. F. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent(2%)of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade(95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. DEVELOPER AGREEMENT 5B-4 The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. G. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. H. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. I. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by DEVELOPER AGREEMENT 2 I 4r 5B-5 Developer's engineers, reviewed by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning,permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217 aIld e a o ,rt : ,g,-,...'r TKO 3 644 -$' ® `i e is 1 De f e a , s tn er and released by the City Engineer. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition;b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right- of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City k4:1 ebb ,�pry- DEVELOPER AGREEMENT 3 5B-6 to make such utility change in a manner that will be least disruptive to street .., construction or stability. E. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineeringven a '�+ �� to' ove . becauseA 1 F. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works,there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes,unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements uatil such responsibility is turned over to a homeowners assosiation. H. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors DEVELOPER AGREEMENT °> 5B-7 and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by 4s a' is use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. I. START OF CONSTRUCTION: Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 1. At least six (6) sets of construction plans stamped "Released for Construction"by the City Engineer must be submitted. 2. All fees required to be paid to the City. 3. Developer Agreement executed. 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 5. A pre-construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers,which will be providing greater than a$1,000 value to the Addition. III. GENERAL PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY,HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,TO ANY AND ALL PERSONS,OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION,REASONABLE FEES AND EXPENSES OF ATTORNEYS,EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS,AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS DEVELOPER AGREEMENT 5B-8 OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, �•— SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION,OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims,suits or causes of action of any nature whatsoever,brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. C. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. D. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer,his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City,its officers, agents, servants and employees, from any loss,damage,liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees,or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. DEVELOPER AGREEMENT 5B-9 E. This agreement or any part thereof or any interest herein, shall not be assigned by the �-- Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. F. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed,said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. G. Work performed under the agreement shall be completed within two (2) years from the date thereof. H. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgment by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. This Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. The service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. OFF-SITE DRAINAGE: B. OFF-SITE SEWER: DEVELOPER AGREEMENT 5B-10 D. PARK FEES: The Developer agrees to pay Park Fees in confoiriiance with Subdivision Ordinance No.4837 F, Section 7.0, the Developer will be required to pay a Park Fee of$1,000 per acre for 4 lots minus the$500 previously paid for the original platted Lot 11 for a total Park Dedication Fe of$3,500 in lieu of dedicating park land. E. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585- A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: kddress: STATE OF COUNTY OF On , before me, ,Notary Public,personally appeared personally known to me(or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument,the person, or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: DEVELOPER AGREEMENT 5B-11 CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: DEVELOPER AGREEMENT 5B-12 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two(2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. M:\WD-FILES\PROJECCS\98-50I I\DE V-AGR.doc DEVELOPER AGREEMENT 4 ' `` 5B-13 EXHIBIT "Al" I. I i �til , �; t 1 pl C aI � l •fa --! F I a F 1 II _i - a Q. ill .I 5 —1= o ii 1 1-'� i 1 , = it 9 r lY . 3 2iI ,- O ! I a-3SIl 1 a . 3 11•,1r,i -la :1 eB,Pi c� ..a� S ill i!!i it ° a 'i I II1I I* ,lit i a cE - - itq! I`(, 111 :Ia11°1 id1:: •il• 33 / i'i t1 i,l r _1 1 it II i Z s' 'lid ,1. ,;e ss ;II a ill • L f• 1 _•''L/m-•• -.7.7. :::— —.i-1 —..41 1� -'-..—._ _— — — — .s•'!=3:w�s f,v-,f-1'llf 1""'fw-•= 1 A.II��fir.•/.�-Nf .— — —..— _ '( — — — l.11�i av,•I.�=Nf- � 1 O:Y••f.-.•/ - I '117,. 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I It 1� ) i 111111; ,ll(li jti k a 7 `1't III 'I 1` i i 1 - ;il'a It.► a i/ ' 1► yi►, ki tt► i .i 1 I I , 1ti pi- _.', I 1 •1 1- a I %1 1l 1(it ];t 1111�}t �111 llal.I IiJ1 1 i1 1 i i lid I;1 1i` 1, I� DEVELOPER AGREEMENT i ' 5B-14 City of Southlake,Texas MEMORANDUM July 1, 1998 TO: Bob Whitehead, Director of Public Works FROM: Kevin Hugman, Interim Parks and Recreation Director SUBJECT: Park Dedication Requirements -- Napa Valley, Phase II At its June 8, 1998 meeting, the Park Board considered the park dedication requirements for Napa Valley, Phase II. This being a plat revision, the developer had previously paid park dedication fees for the original eleven (11) lots at the then-required assessment of$500 per lot. He had now acquired some additional acreage, essentially adding three more lots and revising lot 11. The developer requested to pay fees of$1000 for the four (4) lots in lieu of park land dedication. He also requested credit for the $500 he had already paid for lot 11, for a total assessment of$3,500. The Park Board voted 6-0 to recommend park dedication fees be paid in the total amount of $3,500 for Napa Valley, Phase II, in lieu of park land dedication. Please contact me if you have any questions. KH kkirr 5B-15 City of South lake,Texas MEMORANDUM July 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Charlie J. Thomas, Public Works Deputy Director SUBJECT: Authorize Mayor to Enter into a Commercial Developer Agreement for Georgetown, Phase IV, being South of E. Southlake Blvd. and East of the Intersection of S. Kimball Ave. and E. Southlake Blvd. Background The Commercial Developer Agreement for Georgetown, Phase IV is attached with the following additions: • OFF-SITE DRAINAGE This section states that the Developer will construct storm sewer within the right-of-way of F.M. 1709 to connect to the TxDOT Storm Sewer System. • PARK FEES In accordance with Subdivision Ordinance No. 483-F, Section 7.0, the Developer will be required to pay a Park Fee of$800 per acre for 2.52 acres for a total Park Dedication Fees of $2,106 in lieu of dedicating park land. Please see the attached memorandum from Kevin Hugman, Interim Director of Parks and Recreation, dated July 1, 1998. Recommendation It is recommended to authorize the Mayor enter into a Commercial Developer Agreement for Georgetown, Phase IV, being south of E. Southlake Blvd. and east of the intersection of S. Kimball Ave. and E. Southlake Blvd. Please place this item on the Regular City Council Agenda for July 7, 1998 for City Council review and consideration. CT/ls tili'l Attachment: Agreement Kevin Hugman Memorandum M:\W D-FILES\PROJECTS\98-5020\da-meml.doc 5C-1 COMMERCIAL DEVELOPER AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of iXtei# � .''` , hereinafter referred to "Addition" to the City of Southlake, Tarrant County, Texas, which is described on the attached Exhibit "Al", for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to a , _ ' + ,' st"4 B oc ` (a commercial development) and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the subdivision if the Developer fails to complete the work within two (2) years of the signing of this agreement between the City and Developer. All bonds should be approved by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final COMMERCIAL DEVELOPER AGREEMENT 5C-2 City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove, which are intended to be public facilities, shall be vested in the City of Southlake, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. E. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent(2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing(95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; COMMERCIAL DEVELOPER AGREEMENT if-` • 5C-3 f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits T 4 COMMERCIAL DEVELOPER AGREEMENT @NPR 5C-4 or regulatory authorizations granted by the City during the development review process. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of G. to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. The City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, the City, and made part of the final plat as approved by the City Council. The developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: The street construction in the mA , commercial me,µ. development of the City of Southlake Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. COMMERCIAL DEVELOPER AGREEMENT 5C-5 2. The Developer will be responsible for: a) Installation and two year operation of street lights; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended based upon the Manual on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of the Director of Public Works. 3. All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of t #A a sp ' o`' to the City of Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and Impact Fees. In the event that certain sewer lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. COMMERCIAL DEVELOPER AGREEMENT �-- 5C-6 E. EROSION CONTROL: During construction of the subdivision and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the subdivision. F. AMENITIES: It understood by and between the City and Developer that the ttiv: t+ t '<, c may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. COMMERCIAL DEVELOPER AGREEMENT 471iw : 5C-7 H. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2. At least five (5) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance. 5. A Pre-Construction Meeting to be held with all Contractors, major Sub- Contractors, Utilities and appropriate Government Agencies. III. GENERAL PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS),ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,MAINTENANCE,OCCUPANCY,USE,EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. COMMERCIAL DEVELOPER AGREEMENT O7I-I �•— 5C-8 DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES,CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons '`- which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings bought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. COMMERCIAL DEVELOPER AGREEMENT 10 `,,, 5C-9 In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. OFF-SITE DRAINAGE: (ice E� ea , !,, B. PARK FEES: The Developer agrees to pay the Park Fee $500 per acre, in accordance with the Subdivision Ordinance No. 483-F, Section 7.0. There are approximately } acres in ! ' ,: q4 o4i00. which would bring the total cost of Park Fee to $2 f it. E. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: COMMERCIAL DEVELOPER AGREEMENT 5C-10 Address: STATE OF COUNTY OF On , before me, , Notary Public, personally appeared , personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: COMMERCIAL DEVELOPER AGREEMENT tf = : `.... 5C-11 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. M:\W D-FILES\P ROJ ECCS\98-5020\dev-agmnt.doc COMMERCIAL DEVELOPER AGREEMENT LII 1 5C-12 EXHIBIT "Al" utl` ' • i , • • t f • t , it tl t l 1 w, i ;1�}1 �l t 11 s ( ;i gilt 411' r Ili (+t. i it j i/ ` �� n :.l 11 ij �l ! . :1', , ` ,! ?;r 1 , ' I ,It ' ,! i• I i) ii ja} ,► I'. 1 41•1 ci ` ` � it= : it i 1 f i 1 ii! }31i 1.1 1; -,:'e I'- ,111 tI1 i 1 ` 1.lI Ii , iI g!!. 1 1 !j1J 4, i • i i `=` 1ir iirti i' , c _(�.I ; 11:�t'.I; I 1i I ii.,, • ' ili; , j11 '�'•J }i• '% 't, 11!t•:l ,i / i 1. It t +I i,II..i 1 1 'i ;'(l.1 1 I 11+j 1 a 14i I J 'i -i q:i i:iil 1, t ! t 1 I1 1 1., 1�1,11, 3 ill 1 I• �'I illiil! ,,111 , I I I. ,` t°I I.II1i it 111 1 1,t !) ' 1t I ! t., r}! ! II II { (+I(•} pi IIi I(1 1 !rtu j• , ! rt1 .• IIIr11e11'l IfI1i„I! • id Ili r iti it; 1: li. 1}I/ �'i!.'3 . ,1 ( e i t!t,4r lk 1�! � i. .1 / '•• mot T "=�t1 it ;ta / ,',..,...4.;___.,...,,t,_, , ,...,, -.I4.1- .---4/- , /"r•4r'!1i'p-' 1' , , i"FrI f- , r,"l7 (1t i 1' !za I� ,/l(r tR I' .- i ,l: / . , ) ii il 11 rr i TTT tt: 1 ' / 'i ., y .} V!i1iT: , . J .1 rill.L: ; ./ 11 0. , r, , , ' Ij 1,.� P ' r /i I 1 •_.w._ It s 1 r t L_J L_ ' I' /[ // / 1 It ` 1 t I it li1,l}IIllirl;� i III I 1 _ 11 11I111,(+lIJ( t,� ill II' 3 �ii �01;il'bi` IR1 ill 1 il 11! Plil4nllf ill i l 11 i I ; ii { fIt j !11 1 i ' ;iii"t,' till ill ' i�,1 • I� 1 ItSr1 1.13t1. 1.4 iE :ii1 i -c i - I III i!!DutiL ,•!+ 1I1 Iil !ti iJ 1 i1! COMMERCIAL DEVELOPER AGREEMENT fei if Igt: ''''........, 5C-13 City of South lake,Texas MEMORANDUM July 1, 1998 TO: Bob Whitehead, Director of Public Works FROM: Kevin Hugman, Interim Parks and Recreation Director SUBJECT: Park Dedication Requirements -- Georgetown Park, Phase IV At its June 8, 1998 meeting, the Park Board considered the park dedication requirements for Georgetown Park, Phase IV. This being a commercial development of less than five (5) acres, the item was placed on the Consent agenda as per the Park Board's guidelines to staff. The developer requested to pay fees of$800 per acre in lieu of park land dedication. The total assessment was $2,016 for the 2.52 acre development. The Park Board voted 6-0 to recommend park dedication fees be paid in the total amount of $2,016 for Georgetown Park, Phase IV, in lieu of park land dedication. Please contact me if you have any questions. 11121. KH (so' 5C-14 City of Southlake,Texas STAFF REPORT July 2, 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 Current Planner, 481-5581, ext. 787 The City and the applicant request that this item be tabled until the July 21, 1998, City Council meeting. L:\COMDE V\WP-FILES\MEMO\98CASES\98-043 SU.TBL C 5D A f NI City of Southlake,Texas MEMORANDUM July 2, 1998 CASE NO: ZA 98-054 PROJECT: Site Plan /Southlake Crossing Animal Clinic STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Attached is a letter from the applicant requesting that this item be tabled to the July 21, 1998, City Council meeting. L:\COMDEV\WP-FILES\MEMO\98CASES\98-054SP.TBL L 5E Isi 1 JUN-30-98 TUE 01 :32 PM SOUTHLAKE CROSSING AN CL 8174316972 P. 01 rf{s TO : Southlake ;,. L., Crossing .'tic. f Animal Clinic 2226 W. Southlake Blvd. -• Southlake, Tx. 76092 "we care as much as you do" 817-431-9591 ' -3U -9f ea.r S:r 3 , . ,.-,C 4e, ct C fps / i.t ¢. 4 �4 < << ic. �L/t ' sl.�tdf a fIq" Pc, v r- cc, Cct se /00 . z,Q . g g- c›s- ci S :4 e/ frb r / 4 -Co L' */‘la.kc Cass r .. /IN 4 / C/i -e / At c ict LLci L /; ` !, ✓- _tr / 7/ ._._ Cdve.c '1 sGTCe /.. of f 4,..1 % K.,c., .........c/2_, -C.,..-/?.c, 0.5., (,.... fiEC'D JUN 3 0 1998 se 3- �,.. City of Southlake,Texas LMEMORANDUM July 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization to advertise for bids for paving of streets in the Raintree/Shady Lane area Background The Raintree/Shady Lane area is currently receiving sanitary sewer and water improvements as part of the Neighborhood Sewer Program. Included in this project are proposed street improvements. Once the sanitary sewer is installed, street improvements can begin. Sewer improvements are approximately 90% complete and water improvements are approximately 60% complete. If Council approves authorization to bid and accepts the low bid, street improvements are anticipated to begin in late August. This will complete the final phase of the project. The estimated cost of paving is $650,000, which would be funded through the 1997-98 CIP budget. Recommendation Staff recommends Council authorize advertisement for bids for the paving of streets in the Raintree/Shady Lane area. Please place this item on the July 7, 1998 Regular City Council Agenda for City Council review and consideration. BW/cre Attachment: Location Map 5F-1 ,,,,,, Area of Proposed L.,..., Improvements . „____Ei, , : f : , . , , , , ,;, , i , „ 1 1 H ;# r-7 11'i : I ,� ' 1�� I a��< I - c I j ! l 1 J I i ! ' I j c ‘,. ._________/ "T.3 N co 1 / 1 w � - E S 'S.I-1'114 -'I I i r-�_ J w Proposed Improvements f Tii Søuthlak ' L 1I 5F_2 City of Southlake City of Southlake,Texas STAFF REPORT July 2, 1998 CASE NO: ZA 98-024 PROJECT: Ordinance No. 480-275 /Second Reading/ Rezoning and Concept Plan - The Remington STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as Tracts 4F, 4F1, 5A1B, 6A1, and a portion of Tract 6B situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 22.093 acres. A Concept Plan for The Remington will be considered with this request. AMENDED REQUEST: Zoning Change on property legally described as Tracts 4F, 4F1, 5A1B, 6A1, and a portion of Tract 6B situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 22.558 acres. LOCATION: South of the intersection of West Southlake Boulevard (F.M. 1709) and West Jellico Circle. OWNER/APPLICANT: Lifestyles, Inc. CURRENT ZONING: "AG" Agricultural District and "CS" Community Service District REQUESTED ZONING: "S-P-2" Generalized Site Plan District for senior adult living complex to include triplex, quadraplex, and pentaplex villas, personal care facility, skilled nursing siotes, and senior multi-family units LAND USE CATEGORY: Public/Semi-Public and Low Density Residential NO. NOTICES SENT: Thirteen (13) RESPONSES: First Notification: Two (2) responses were received within the 200' notification area: • Jerry Hall, 2620 West Southlake Boulevard, Southlake, Texas, undecided. (Received 4/13/98) • E.I. Wiesman, 2607 West Southlake Boulevard, Southlake, Texas, in favor of. (Received 4/16/98) Second Notification: One(1) response was received within the amended 200' notification City of Southlake,Texas area: • Jerry Hall, 2620 West Southlake Boulevard, Southlake, Texas, undecided. (Received 4/29/98) A petition was received from the Southlake Seniors and was in favor of the Remington Retirement Community, ZA98-024. There was a total of thirty (30) signatures. See attached petition. (Received 4/13/98) A letter was received from outside the 200' notification area from Janet Noonan, Collen Cornell and Dawn Michelle Steining, in opposition to the Remington Retirement Community, ZA98-024. See attached letter. (Received 6/9/98) P&Z ACTION: April 23, 1998; Approved (6-0) to table and to continue the Public Hearing to the May 7, 1998, Planning and Zoning Commission meeting. May 7, 1998; Approved (3-1-1) subject to Concept Plan Review Summary No. 1, dated May 1, 1998, deleting Items #2 and#4 and allowing parking as shown; acknowledging that the applicant has agreed to age restrict the property to age 55 and above; acknowledging the applicant's agreement to work with the Slayton's and provide a curb cut and approach if they desire; and accepting the applicant's commitment to deed restrict the property to age 15 and above which cannot be changed without the City's approval COUNCIL ACTION: June 9, 1998; Approved (6-0) First Reading pursuant to the Concept Plan Review Summary No. 3, dated June 9, 1998, deleting Item#2 (850 s.f minimum floor area required for"MF-2" district for the assisted living units and nursing suites only) allowing as shown; deleting Item#3 (100' stacking depth) allowing as shown; deleting Item #4b (19 parking spaces); and allowing parking as shown on Item#4a and#4c; and including the additional language for Section 1 of the ordinance including: Being Tracts 4F, 4F1, 5A1B, 6A1, and a portion of Tract 6B situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 22.558 acres, and more fully and completely described in Exhibit 'A' attached hereto and incorporated herein, from "AG" Agricultural District and "CS" Community Service District to "S-P-2" Generalized Site Plan District for senior living complex to include triplex and quadraplex villas, personal care facility, nursing suites, and senior multi-family units as depicted on the approved Concept 1At City of Southlake,Texas Plan attached hereto and incorporating herein as Exhibit 'B' and adding the following language: 1. The District shall be restricted to the following number of units: Not to exceed: 31 Villa units; 60 Assisted Living (Personal Care) units; 30 Skilled Nursing Care units; 80 Retirement Residences; and a maximum density of 8.91 units per acre. 2a. Residency in the District shall be restricted to persons 55 years of age or older. The owner and operator of property located within the District shall comply with the provisions of 24 C.F.R. Sec 100.304(c)(2) in insure that residency is restricted to older persons. 2b. Residency in the 80-unit retirement residences and 31 villas within the District shall be further restricted to persons 62 years of age or older. 3. The owner and operatore of property located within the District shall provide all amenities shown on the concept plan, notwithstanding the disclaimer shown on the concept plan. 4. No further subdivision of the property shall occur beyond the two lots proposed. 5. Transportation services shall be provided by at least two (2), 6-10 person vans which are wheelchair-lift equipped. 6. Each January, the owner and operator shall submit a written certification that their residences within the District comply with the requirement of Condition No. 2 hereof. 7. Building materials shall be as indicated in the applicant's June 9, 1998, letter. Brick facade with accents of EIFS (stucco)and fiberglass columns. Roofing material will be synthetic or light weight concrete Monterrey tile. 8. The entire project shall comply with the corridor overlay ordinance. STAFF COMMENTS: The applicant has met all requirements listed in Concept Plan Review Summary No. 1, dated May 1, 1998; Concept Plan Review IA 3 City of Southlake,Texas Summary No. 2, dated June 5, 1998; and Concept Plan Review Summary No. 3, dated June 9, 1998, with the exception of those in the attached Concept Plan Review Summary No. 4, dated July 2, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-024ZC.WPD • i AEI Southlake Seniors April 7, 1998 Planning and Zoning Commission City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Honorable Members, The purpose of this letter is to urge careful consideration of THE REMINGTON RETIREMENT COMMUNITY proposal and recommendation of a feasible design to the Southlake City Council for their approval. On December 9, 1997 staff members of Lifestyles, Inc. made a presentation of the plans for THE REMINGTON at a regular meeting of Southlake Seniors. After a discussion of the presentation those present were given the opportunity to sign the attached petitions to show their recognition of the need and support for construction of such a complex of independent living, assisted living, and nursing care units for senior citizens who require these facilities and services. On February 24 an updated report was made to Southlake Seniors by the staff of Lifestyles, Inc. They described the changes which had been made during the two month period as they interacted with the staff of the City of Southlake. Some additional signatures to the petitions were obtained after that presentation. The major unanswered question is the cost of using the facilities of this adult living complex. The staff of Lifestyles, Inc. state that the schedule of charges cannot be finalized until agreement is reached with the City of Southlake as to what must be included in the final design. Since you members of P & Z will have a major impact on the final design we urge you to avoid forcing the addition of"appearance" items which are not needed for proper operation of the facility but may cause significant increase in the construction or operational costs. Many of the seniors living in Southlake have more limited financial resources than the newer residents of Southlake but would like to be able to live in retirement facilities in our city near friends and family. In view of the need for retirement facilities in Southlake we urge the members of P & Z to give careful consideration to this proposal, to work with Lifestyles, Inc. to agree on a feasible design, and recommend construction of this multi-facetted Retirement Community to the Southlake City Council. If we can provide further input or answer questions during the consideration of this proposal please call on us. Sincerely, oshua Weiser, President 30 Waterford Court (251-0671) REM)APR 1 3 7998 -7A • PETITION Ln view of the following facts: 1. About 10%of the population of the City of Southlake are Senior Citizens, and, 2. There are no Retirement Residences,Assisted Living Facilities or Nursing facilities in Southlake, and, 3. Many Southlake Seniors will need such housing facilities in future years, and, 4. Such facilities are needed in Southlake so that Senior Residents and also Seniors from neighboring communities who need these services in the future will be able to remain near their family and friends in Southlake, We,the undersigned,who are Seniors or those concerned about the well-being of Seniors, and who live in Southlake or its neighboring communities, and who have reviewed the Remington Retirement Community proposal, urge the members of the Southlake Planning and Zoning Commission to give careful consideration to this proposal, to work with Lifestyles, Inc. to agree on a feasable design, and recommend to the Southlake City Council that this multi-faceted Retirement Community be constructed in Southlake. NAME ADDRESS 7 ?altl.e.. ..ez..azst___ J41,xx:„. r na F 4 5 1d- 'ep mc� as if) 6 (S !aura ✓ � /�a4_ . /� e ,k 760 ?Z Jt / 7so � � a 7� 7�Al c 9.2-- .7yal_g_e-77-, , e0gt'L-fd`I a_ ....4_,A.za-t4 v -17 X -71. c' 2-- Wcz,t. F.. .4„,,,_____. A / � _, , �. .. 7t -1:7 /"14 121/ e 1 e k--Ye• Z ‘I-)5.1 2-- 44,9 7 ‘- k 2-- 1 ` / ( f t / ti--,...,,,, 7-7/1 / i /f,( 0 z:6- ,7L--i<ri-R-(-G , 2",z-jAA_ ---,, / / . 6.z5 .- -1 %." 0-iii4aLr-- e ( 3 YJA,k4itia.f2idaita. g , • • . r ' ' 4,6( t Z_ ,j:it t, :A ,4 J %l / ID cgeueibj Q,„c ice- ,g 1 / �'6 ;) , �� RECD APR 131998 PETITION In view of the following facts: 1. About 10%of the population of the City of Southlake are Senior Citizens,and, 2. There are no Retirement Residences,Assisted Living Facilities or Nursing facilities in Southlake,and, 3. Many Southlake Seniors will need such housing facilities in future years, and, 4. Such facilities are needed in Southlake so that Senior Residents and also Seniors from neighboring communities who need these services in the future will be able to remain near their family and friends in Southlake, We, the undersigned,who are Seniors or those concerned about the well-being of Seniors,and who live in Southlake or its neighboring communities,and who have reviewed the Remington Retirement Community proposal,urge the members of the Southlake Planning and Zoning Commission to give careful consideration to this proposal,to work with Lifestyles,Inc. to agree on a feasable design,and recommend to the Southlake City Council that this multi-faceted Retirement Community be constructed in Southlake. NAME ADDRESS J Aiii ,,,,, r_L„,,,,,„, te.,,,,,,,r,_ , ? ,z2/,, zz,d43r, ,R /i ,. /,/-/-1-/--e-r°-e- : ,, z.,,,___ - , - / d,c-a ,g4-,_ -,z,__ g ,y,/,t ,, , 1 1, , .. ,/ , ... ._, ,,,, ,...14,_,„....„,,..__;_ , 3 , -7,7-- `ll—:, i. yam -- `` '� I;,'.�/ i ,..) ,, r .16,1 •(N �1 j C- ,t r )../_,1_,,re.-7. ',_(_(..,__o_._:-.-:___ • - ' -- • /,`.s mac• ,ti-(,.,=i�-- ' . — - - / • :�� ice: _ 7 , � 7 f L tt-= 17 & ,- L,l� ,_( //.,y-- /y ,. C , -/7'/14(A e-.. I I ‘ -2-- ''' '''' REC'D APR 131998 ? Al PETITION In view of the following facts: 1. About 10%of the population of the City of Southlake are Senior Citizens, and, 2. There are no Retirement Residences,Assisted Living Facilities or Nursing facilities in Southlake,and, 3. Many Southlake Seniors will need such housing facilities in future years,and, 4. Such facilities are needed in Southlake so that Senior Residents and also Seniors from neighboring communities who need these services in the future will be able to remain near their family and friends in Southlake, We,the undersigned,who are Seniors or those concerned about the well-being of Seniors,and who live in Southlake or its neighboring communities, and who have reviewed the Remington Retirement Community proposal, urge the members of the Southlake Planning and Zoning Commission to give careful consideration to this proposal, to work with Lifestyles,Inc. to agree on a feasable design, and recommend to the Southlake City Council that this multi-faceted Retirement Community be constructed in Southlake. NAME ADDRESS ?26 may` . 7/&k-1/ bt4da-'1----- VO qa -0 ad &IDA ( ("', '2_ c6, VG kx A 7C5t�Y �y7 I -76-"L"- ,/ ge) E a-ler-LA( Qt. , J- L T x Z 4 0 9 RECD A R R 131998 7/ 8 PETITION In view of the following facts: 1. About 10%of the population of the City of Southlake are Senior Citizens, and, 2. There are no Retirement Residences, Assisted Living Facilities or Nursing facilities in Southlake,and, 3. Many Southlake Seniors will need such housing facilities in future years,and, 4. Such facilities are needed in Southlake so that Senior Residents and also Seniors from neighboring communities who need these services in the future will be able to remain near their family and friends in Southlake, We, the undersigned,who are Seniors or those concerned about the well-being of Seniors, and who live in Southlake or its neighboring communities, and who have reviewed the Remington Retirement Community proposal, urge the members of the Southlake Planning and Zoning Commission to give careful consideration to this proposal,to work with Lifestyles,Inc. to agree on a feasable design,and recommend to the Southlake City Council that this multi-faceted Retirement Community be constructed in Southlake. NAME ADDRESS a )""L A.A ttN__) /(3/e2.A.) q( ,Lt--rv--vvuz,(_Vt--e-a--4:k._ AteXit.e.) FUJU ' '' 131998 I ; 7- -- E-E._ 3 ... 141.13rs. — — - -' LI- ' -Z ___1111151-111L--- :7,,,-", ----- ----741sEr."------ ' : 1. f KOIR,..---,: :• , , ..... —---..-_-.a.,--,-— : PE-------0------• --=:75:3 -. - -4 -RtGEblil---1_ VE-C144 A - ,' _ t?rt;;ISSCA - I :---'-:',. •t.---- t.0 :__-------- -, - N,,,,, ,,...._________ . ..v „ ,r 0 • a 7-----A - . f i .. • Lcc - ... .., . \ .....-„.... ... ' - s, • , t ? • i: It i r--- 11 11 - :7--- coft0 I , ; !----I I 1 ,g i , . _________ IA . ti1 1 i a i ;10...TA04_ . , WIWI flt -- --CREME:CO tOr — 1 --..:1Litaeso_ , ; . ' — P 0-- ._____ — __ • . i ; I. ---- _ -----,-M _ - —,) 1:-.. \ - - - TRACT MAP / A- 10 TR.2C27 TR.2C26 'SF-1 A' I 17A 1.----- 1.76 AC 1.63 AC J•NpLL pODEL J. 01 �EofIS TR O P' 1270 37.2C26A0 IA, STATE OF TEXAS tH4 TIMBERLAKE COMMUNITY TR.4c1 6 n CHURCH 1.22 Ac • -•4f1• R Cr) I. TR.4u' SLAYTON a 4.025 AC O z / "AG" 'SF-1 A' 1.0 0 7 TR 5A11 AC 1k. TR._ "CS" ,3.4 l 1 IR 4K1 TR.4L1 .25 Ac 1.26 Ac TR.4f TR.4C • Ac 7.642 AC '..............w..c......................:......... TR 4K TR.4L .74 Ac .74 Ac TR 5A19 El. WIESMAN PT. TR.♦ TR.4,1 2 Ac R.SLAYTON 2 Ac rR 5.2 ,3.L32 - r Iv z.4 R ' cn D E O cn11 TR 6 "AG" 11114 TR 682 5. a R. REUTLINGER �,'. • RVC( 5.00TR 2 0 TR GA A/1• "Aa■ 4.000 /^ KELLER ISD TR 6A1A 3.00 TR 40 O 19.70 AC C L 0 .D C I W 33 O —I a -<rrl a TR 6A2 2.00 0 TR TR 683 682A —.87 AC TR 681 IA AC ADJACENT OWNERS NN__----- AND ZONING _ , , 2 , . \ -7 A ( ( I • � � L MI 6 �: Post CT �Tr • JUN-09-98 TUE 04 :16 PM Southwest Senior Care 8174857111 P.02 Rlmizigtrn . Xelatiremezkt CO2rimimmity Owenwood Drive Southlake, Texas Developed by Lifestyles, Inc., Southlake, Texas, and managed by Southwest Senior Care, Inc., Colleyville, Texas, Phase One at Remington Retirement Community will open in the fall of 1999. Phase One will have 21 Villas, a 60 unit Assisted Living Residence and 30 Nursing Suites. With their fabulous "Old World" architecture, The Villas at Remington are designed to offer the privacy, comfort and elegance of a single-family residence while providing the security, freedom from maintenance and varied social activities that come with being part of a well planned retirement community. The villas are leased which, along with complete inside and outside maintenance and care of the luxurious grounds, gives our residents the desired freedom from the worries of borne-ownership as well as the luxury of being able to travel whenever they wish. On the grounds at the villas are. a clubhouse for socializing and card games complete with a spacious patio and water garden; an area for croquet, horseshoes, barbecues and picnics, a walking trail that circles the grounds and connects with the rest of the community. Transportation in the Community's van and selected meals are also available in the main dining room at the Remington. The Assisted Living Residence at Remington offers 60 spacious units designed to promote independence and privacy while making available the care and assistance especially designed to meet the needs of each resident. The basic rate at the assisted living residence includes. three delicious, home-cooke jl meals complete with daily baked goods; weekly and emergency housekeeping; conveniently located resident laundry areas with available staff assistance; a full schedule of daily activities, crafts and social events; transportation for medical appointments, shopping and activities. Also available on an individually planned basis are assistance with bathing, dressing and other activities of daily living and regular visits by a full-time RN on staff Residences here come in studio, one and two bedroom plans. The monthly fees arc a base rate depending on the type unit rented with additional charges based on the level of assistance required. The assisted living residence has a beauty and barber salon, a library/reading room, a social activities room and chapel, game rooms, country store, and a theater. For outdoor activities there are two large, interior, landscaped courtyards with patio areas and a gazebo. The community walking trail also winds through the property. In a separate building, yet connected to the assisted living residence, are the 30 Nursing Suites at Remington. Designed for full nursing care, the nursing suites will offer rehabilitation and the therapies required by residents who may have suffered a stroke, fall or have other medical conditions. The nursing suites at Remington are designed to provide spaciousness and the home-like environment that prevails throughout the community. Submitted June 9,1998 R CDJUN 091998 JUN-09-98 TUE 04 : 17 PM Southwest Senior Care 8174857111 P.03 Remington Retirement Community the Amenities Page 2 Phase Two at the community will be the 80 unit Retirement Residence at Remington and will include 10 additional Villas. The amenities here include: ground level, garage parking; a tennis/sports court; a putting green; a swimming pool; barbecue/picnic area with a playground for young guests; and a continuation of the foot-trail system will wind through the beauty of the landscaped grounds. Inside the amenities may be even more spectacular and include: the magnificent main dining room which will host not only the daily meals but many special events; a private dining room; a movie theater and chapel; a library; men's and lady's club rooms; fitness spa; a main parlor area as well as several small, intimate conversation areas. Residences here come in one and two bedroom and two bedroom deluxe floor-plans. Leases provide a maintenance free, secure lifestyle that easily accommodates travel and other priorities of busy residents. Daily transportation and a stimulating program of activities are available to residents who wish to participate. This is accentuated by many planned special events, and by regular interaction with various groups, churches and other available resources located throughout the community. The proposed building exterior finishes will be brick and stone with accent design features of EIFS stucco and classical order fiberglass columns. Roofing material will be synthetic or lightweight concrete Monterrey tile. Anticipated occupancy by residential type in the community is as follows: 46 to 48 in the 31 villas; 70 to 80 in assisted living; 32 in nursing; and 90 to 110 in the retirement residence The maximum licensing that will be sought is 120 in assisted living and 60 in nursing. The maximum occupancy foreseen in the villas is 62 with 160 in the retirement residence. Remington Retirement Community is located on Owenwood Drive at Southlake Boulevard, Southlake Texas, and is near all the many communities and conveniences in burgeoning Northeast Tarrant County. An incredible array of shopping venues, restaurants, churches, medical services, cultural events and the gateway to international travel from D/FW Airport are all within a 15 minute drive from the Remington. In a gorgeous, country setting, the community provides residents the opportunity to live near family and friends while maintaining the independence cherished by all. Residence at the community will be restricted to those age 55 and older. The watchword throughout Remington Retirement Community is uncompromising service, and value, delivered by a professional and attentive staff. Meticulous planning is evident in the community's architecture, the curve and contour of its elegant 20 acre grounds, its attention to security and privacy, and the friendliness and dedication of its staff of professionals. Submitted June 9,1998 -7A [3 f. . / fjfj z t • r s'- IIL' ! . Jr .___ _ .. . z:......... I ki • T ' , -_,-,-:,:. :-..:.:. W... _ �.� F S. .. . i:-._ _ � Z��e! a 14 E — . I i 1 ei '- .--'-'-,:*..*: Z i i itc,..r_.. • 4 4122.-(: -14.7-P. ' .... . 1 440 k Z I. • i'tfil f 1 a ig I I. - ' .0 i .-- i 1 Hi i; 4 41= _ i I )---- , r .---_--.1__. II , 2Z/ 0• ' a __ ' ' El, j = �i hi.al,;r. a t '.- fi t)/ j<44.i • t 1 �_@ e t -fir _ _3 I If—,I 1 • .-A 0 ' • F-----el • `�• 1. f c' 4 elan --, • o' �� • /S. �_MINIII ?�. 1A1q • _: 1 a1 1 � I 7 ry a i E -� .� �: I • =1 -�, -1 . —_ice L . k_ ��. , . 1 . __.___ . .. . 0 i '1 .---21.110 }ter i ., ...q.-..-... . : �_ ... i • �.i 1�a.w.a u... �� r �i _ ` -.1 •- M + �w } f 6== .:• _ t . 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SCALE: 1ifr- 1'-0° MARCH 16, 1998 IA1CI • 866L g i AO Witt — — ....._.,,Ig .•r. r Ks;: 1 1':10, so i O 1(r�� T co . I. II rIlEni I lf• TOr p p pp j 'I W Z I1 u nu I�u I', ,� :.A F tt ■ II U— ' mg.... ---- . ' 0 _ .I.`. III01) igl s III a4 p p 11 Z� iii I 11 h ill� W ,, H.Ni. al II i14.I l°� I IIH ]tl p U I- F M� % i. �rr' t ii w R8 la t 1 "� W c. .1 , • 0 ;, ac H 7< 1 .. 6 '; - Iry : Ili a 7p ..: , it., i. _::: ItEr..,, ill, =II I rii) • fl Rfliril .1 12 i It. , I g. I 1 , , li I,!) ' } •'' I. al I I Ire C.l!1�1 _111 [lr = I m'^rj a o �� 1 C4 Vl o Him e- � ; y�z' o �� ul U U 0 I I ° 1 �� F F III it I M r t �J , i I p U mi. ! U U U i 1 1"I ., ' ' L ! ' i Z I y 0 U ' r • I 1 �� . . pp `W ;1 1 �i�1)ri'�! ' i 0 r ct Y. r .I • j 44 - r - '. y ii ..--.... ri R jjJi iE114;i; a E" Z F v] 1 li ?.... -, -.11 1 s.„,1:11 i i • • IA 7777-7711 /� ( 1�' It f/ (/,A LIVING BEDROOM I , . 1 11 :;u IIII KITCHENETTE / BATH\ .50YER \- -71 WALK-IN I ASSISTED LIVING STUDIO 474 S.F. SCAM: 1/4" = 1'-0" MARCH 16. 1998 �A2- I / QASPT LIVING ROOM BEDROOM DINING (/). _t KITCHENErrE if,* 9 1 \ lv ALK IN ; BATH ` I FOYER SET , �f 1 rg I l) _ EVTA ASSISTED LIVING ONE BEDROOM 540 S.F. SCALE 1/4" - 1'-0" MARCH 16, 1998 i if/////// 1 I ' BEDROOM g r I� I ' i I Il //An If//l - LIVING ROOM _71_ __(\_ CLOSET A closer (1 DINING invn�' —r�� t XT / BA 1 H\ O ( 1 i FOYER lI r \ KITCHENETTE ________, ��_;, n t., G.� -9. - 1. .t I �J ASSISTED LIVING DELUXE STUDIO E 564 S.F. SCALE 1/4" a 11-06 MARCH is, 1998 /iilil / "I III / / CLOSET LIVING ROOM BEDROOM #2 0 e DINING / / I WALK-IN 191 - I ITTCHENETTE I CLOSET m FOYER / j 7 / - I - - - gl , ,' ' / \t_ / -1 1--\\j/ -1 / i i ><I / BEDROOM #1 01 — BATH \ (//r \ . J call WALK-MT / CLOSET / I/ / I ASSISTED LIVING TWO BEDROOM F 786 S.F. SCALE 1/4" = 11-0" MARCH 16. 1998 1 A > 1 ..,,,,,,,,,. 7' LIVING BEDROOM / J _ BATH FOYER.. wALY CLOSE! 1 r, ! lq 1 q , NURSING SUITE PRIVATE 360 S.F. SCALE 1/4" - 11-0" MARCH 1s, 1998 J %/////// ir////////i / T.V. BT BEDROOM / T.V.7-41 BUILT-IN —9 ,. c \ \ \ \ )---- NAND E, .SINg BEDROOM I I ,7 5J I BATHI § 11 t \ I J • ' ' cj cjI rti' A / \ § 1 , ._.. _, , NURSING SUITE SEMI-PRIVATE H 446 S.F. SCALE 1/4" - 1'-0" MARCH 16. 1998 -'] 8661 II AVW 0.311 .- I • - _ � b 1 � � �� A >;i as a r__ _ ,; g 6 i -I 1 r. 4 4 ----' `+ ri:I _ II ! 'a f a al a I G ! 41--- --2---<.._ il A m :11! Elva i '2,111 .., H k e 0 lIrMiliglii.1111". a WF i i, 1 1 .,,, • tc--- 1'ILL :, __ '. . 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ROOM 'f I J • PARTIAL Si cOND FLOOR PLAN - CORE sc.AL:E: 1.- - 30--0r MARCH 16, 1998 7A. 31 GNa c fb r r> ii a I i fP w il'ilti i g 111 11 h O O es Ea} h 155— n i •R ss [i 1') w 1 , M CI { I. ,' a -1 ,I1 m e 4Ii.44 i i ,. i. x I.i.is . . 1 I" H g g ..:1 e a 3 W14 i < ,I li < ...!:k 4 ,' I a .;6 F i \ l'" o. P : K I / , w 0 F. d I, a r ` < M ` . ( ti t w 110111-1-I!IN! all H Ei I i I 1 Wall w a .. w 4 .)).. 1 ! g 10 i d____ _ )1,,,,, 2 I iI (1..1/431 ---r- -i r -r - - -- -- — iI • i -.,: I L PATIO - „o , LIVING/ ` MASTER DINING 1 BEDROOM .Q O O maim b"r. BA • 'OOM I ate t ' O r IM 11100 — was IN.WIi WALK-1INI CLOS averIT FOYER vmnrimi•ehrir 'Mk I ! WAILED M GARDEN r '• rllll� r � r'.n'Y1-1 110,20211 ONE CAR GARAGE RETIREMENT VILLAS ONE BEDROOM A 1,128 S.F. SCALE: 11W- 1'-0' MARCH 16, 1998 7A33 PATIO rifts 0 It i Ica, _ LIVING/ DINING b MASTER �i 19�6 , BEDROOM t3z11 0 NONSTAIX v STUDa Y/ °'"� PARLOR c �" Oaawa ! i BATH ROOM a [11-- "D -- _ O Cr"Cr— I ir-11 I ]� WWc `i� I Cora!} BATH ROO„ HVAC 1 J BEDROOM#2 w • i 1FOVEA lima I i - vI,e—MJIt,, — _ 0 i 0 d - � i I i WALLED GARDEN ENTRY ,IL MS mow-`- % , R • ONE GARAGE i • 4z RETIREMENT VILLAS TWO BEDROOM B 1,482 S.F. SCALE: 1/8'- 1'M' MARCH 16, 1996 lit ir¢m gnt -\INTERNAT.T Y LIGH'rFn .11 SIGNAGE Villas SOUTBLAKE 7146. I ' • BRITCH CK 8'c STONE TO MA SUILD�T i BRICK ar STONE TO F RQ I' SIDE MATCH sCTILD GS PE �PROI-NE RO WALL siGN crlapic.Ax..) SCALE:.E: 1/ = . • • A 3=10 CST :yt J PZ.AQUE • %timmfint Community 3 O U 1' 11 1. A K E FRONT ROOFING TO MATCH Hfli I -DING "LIT SY RECESSED FIXED FLOODS MOINT'UM 11:11r �iGN SCALE 1/4' = 1'-0" 16'-0 MIN_ FROM PFtiC 1PER F LINE F:XT_ SIGNAGE DETAILS MARCH 16, 1998 7A 3 J a. A . • . _ �. a. �s 1 Ir �- • • r PQST MnvGTTE1 r 11"W x 30"1-1 • .04' "ki 1 ' -- Ia- / • ft.. ..,_____Lr_ WATT_ MOUN'1'r4.1, — '!+` (On Buildirsg) 11"-VST a 32 1/-2"H i ANCHOR BASE MOUNTING - - - - -- 431 EASE OVER %7 x DIRECT BURIAL POSTS 113,49,&110 3'"W x 12O Fi CAST POST 131 POST BASE r--POST TOP N1.442.182 or e$3 1 ' 0 i GROUND UNE (I I, _ •y:j[ 31-Anchor (q 1/P-20 ^i5': - •a� ....SET GROUND UNE _ Botts and r �"'`E'' Template ..—431 POST BASE Pf:1?3 WARE HOLE IncluUed. (4)ACORN NUTS i •,' F O"SQUARE BASE � o 4 I i tZ IOCK WASHER I i_yB• .: r(•IAD.NSTMENT NUTS HEIGHT&NU I i p 9- \ •O yp .a �� Jr j 0 1'• O.O O GROUND LINE 1 5/16 IA.RO BOLT CIRCLE AA PART ' f .. c �'o � CONCRETE FOOTER J U -: _ (Q 1R ST•DIA.X 16-PLATED EEL .� O O 9. ANCHOR ROOS O Oi''((K''� �h4` BTU WIRING TO TO POST THROUGHPROPER THE FOOTER _ i 2 ACCORDING ELECTRICAL CODE -'` • SITE L'Gil TING • - 10"'W x 27-F- CAST-EASE S Co U T H L A. K E 7A- 3r,f MARCH 16. 1998 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No:ZA 98-024 Review No:Four Date of Review: 07/02/98 Project Name: Concept Plan for "S-P-2" Zoning with "MF-2" uses• The Remington APPLICANT: ARCHITECT: Lifestyles, Inc Peter W. Galier Associates 800 West Southlake Blvd. 4316 West Vickery Blvd. Southlake, TX 76092 Fort Worth, TX 76107 Phone: (817) 251-8380 Phone:(817) 737-9513 Fax: (817)251-9172 Attn: Diana Hanson Fax: (817) 763-8758 Attn: Peter Galier CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/30/94 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 KAREN GANDY AT(817)481-5581,EXT.743. * This plan review was based on the MF-2,Multiple Family Residential District, standards for all product types,the Corridor Overlay Zone standards for Lot 1, and the Personal Care Facilities requirements, found in Section 45.9 of the Specific Use Permit section, for the 60-unit Assisted Living Facility. * Please note that the west lines of Lots 1 &2 adjacent to Owenwood Drive are considered to be front yards, the east lines are"rear yards" and the north and south lines are considered to be"side yards." All of the proposed setback lines either meet or exceed that which is required by the ordinance. All of the proposed setback lines either meet or exceed that which is required by the MF-2 District. 1. Each dwelling unit should have a minimum floor area of 850 square feet as required within the MF-2 district regulations. The applicant proposes reduced floor areas within the combined nursing suite/assisted living center building. The proposed dwelling units conform to the floor area standards for personal care facilities as established in Ordinance 480-45.9-f- 7. (P&Z Action 05/07/98:delete; CC Action 06/09/98:delete for the nursing suites and assisted living units only). 2. On the two westernmost villas in Phase 1, reduce the size of the"uncovered,unenclosed porches"by at least 16 s.f and reduce the encroachment into the required front yard by at least 1 foot to be in compliance with Section 33.6(b), Projections of Buildings, Structures, and Appurtenances into Required Yards. It appears that the encroachment of the porch into the required setback by one of the westernmost villas in Phase 2 complies with the referenced ordinance provision; however, if not, please make the necessary correction. 3. The following changes are needed in regards to the required parking: a. Villa parking should be based on the multiple family requirement of 1 space for each 500 s.f of dwelling unit floor area. This results in 37 total spaces for Phase#la Villas. Twenty-eight (28) have been provided, resulting in a shortage of 9 spaces. However, the assisted living/nursing suites have"overparked"by 2 spaces, resulting in a net shortage of 7 spaces for the Phase #l a Villas. (P&Z Action 05/07/98: allow parking as shown—based on previous plan.) 7A 3/ City of Southlake,Texas b. Correct the total floor area calculation for Phase#2 Villas to reflect 21,654 s.f. and revise the Site Data Summary to reflect 44 required parking spaces for this product. Twenty-three(23) spaces are shown,resulting in a shortage of 21 parking spaces for Phase#2 Villas. However, the retirement residences have "overparked" by 14 spaces, resulting in a net shortage of 7 spaces for the Phase#2 Villas. c. The total required parking for the project is 307 spaces, 293 spaces are shown, resulting in a shortage of 14 spaces. Please add this to the list of exceptions noted in the Development Regulations Chart. 4. Correct the lot coverage calculations in the Site Data Chart to reflect the percentage of the total lot area which the building"footprints" occupy, excluding driveways, sidewalks, etc. 5. Correct the Interior Landscape Summary Chart for the entire site to read as follows: Total Lot Area = 896,246 s.f Less Impervious Area = <398.292 s.f.> s.parkins driva sidetrakt adz sport�w Total Open Space 497,955 s.f. Less Bufferyards = <89.570 s.f> Total Landscape Area 4Q8,385 s.f. Also,provide a breakdown of the interior landscape areas and the percentage it represents of the total lot area, the required plantings and the percentage of open space on a per lot basis. 6. The following corrections need to be made to the Bufferyard Summary Chart: a. North Bufferyard along F.M. 1709 (Required): Correct the length to 410' and increase the accent trees to 21, the shrubs to 49, and note that no fence is required, and North Bufferyard along F.M. 1709 (Provided): Correct the length to 410' and increase the accent trees to 17. • b. South Bufferyard(Required): Change the 89' length to 194' and increase the canopy trees to 6, the accent trees to 12, the shrubs to 16, and South Bufferyard(Provided): Change the 89' length to 194' and increase the canopy trees to 5, the accent trees to 9, the shrubs to 12. c. West Bufferyard-508'Length(Required): Increase the canopy trees to 15, the accent trees to 30, and West Bufferyard-508'Length(Provided): Increase the canopy trees to 12 and the accent trees to 24.. d. It appears that the Applicant is requesting a waiver of the required South bufferyard on Lot 1 and the required North bufferyard on Lot 2. If this is the case, please add this to the list of exceptions noted in the Development Regulations Chart. 7. Show a Common Access Easement over the north driveway. 7A 3I_ City of Southlake,Texas * Although not required by ordinance for Lot 2, the following comments are offered regarding compliance with Section 43.9(Corridor Overlay Zone)requirements as recommended by the City Council during first reading of Ordinance No. 480-275 (S-P-2 rezoning application for The Remington): • The Applicant provided three(3)typical elevations showing the front facades of a retirement villa,the assisted living center and nursing suites. Of the facades provided,both the vertical and horizontal articulation appear to be in compliance with the ordinance,with the exception of a 1-foot deviation on the horizontal articulation of the nursing suites. (See attached articulation chart) Note that a more thorough evaluation of the articulation per §43.9C 1 c, Ordinance 480, as amended, will be done at site plan approval when elevations are typically required. • The proposed fiberglass columns should be clad in the same masonry material as the principal structure per§43.9c1d, Ordinance No. 480,as amended. • The proposed architectural fencing along F.M 1709 should meet the requirements of§43.9c1 e, Ordinance No. 480, as amended. It appears that two sections of the fence exceed the 60-foot maximum"run"before providing the minimum 6-foot off-set. • The Applicant should be aware all dumpsters shall be screened by a minimum 8-foot solid masonry screen,constructed of similar masonry materials as the principal structure. * Although not required by ordinance for Lots 1 and 2, the following comments are offered regarding compliance with the residential adjacency 4:1 setback ratio found in Section 43.11 of the zoning ordinance: • It appears that the adjacency of the Slayton property to the West wpuld have an impact on the Assisted Living facility. The adjacency of the Carson and Weisman properties to the South and East, respectively, appear to also have a possible impact on the Retirement Residence. Due to insufficient data(which is typically required at the time of site plan approval), Staff cannot make an accurate assessment of the actual impact of this standard * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * A letter of permission from adjacent property owners)must be obtained prior to issuance of a building permit for the construction of any off-site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * A Preliminary Plat which includes the entirety of all tracts for which this development is a part of must be processed and approved by the City prior to submitting a Final Plat for any lot within this development. * The applicant should be aware that prior to issuance of a building permit a Final Plat must be processed and filed in the County Plat Records, and 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 Fee,Roadway,Water and Sewer Impact and Tap Fees, and related Permit Fees. City of Southlake,Texas * Fire lanes must be per the requirements of the Fire Dept. All lanes must a minimum of 24'in width,the minimum radius of curb returns or curves must be 30'on the interior and 54'on the exterior. * Denotes Informational Comment att Articulation Evaluation Charts(Review No. 1), dated 7-2-98 Tree Preservation Analysis, dated 7-1-98 cc: Lifestyles,Inc. Peter W. Galier Associates L:\COMDEV\W P-FILES\REV\98\98024CP4.WPD • • ?Alit) Articulation Evaluation No.! Case No.ZA 98-024 Date of Evaluation: 07/02/98 Elevations for Elevation A Retirement Villas Received: 06/26/98 Front-facing: Wall ht. = 10 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 30 21 -30% Yes 30 29 -3% Yes Min.artic.offset 2 2 0% Yes 3 3 0% Yes Min.artic. length 4 8 100% Yes 5 '14 180% Yes Elevations for Elevation B Assisted Living Center Front-facing: Wall ht.= 23 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 69 61 -12% Yes 69 62 -10% Yes Min.artic. offset 2 2 0% Yes 3 4 33% Yes Min.artic. length - 5 7 40% Yes 5 7 40% Yes Elevations for Elevation C Nursing Suites Front-facing: Wall ht. = 11 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 33 26 -21% Yes 33 26 -21% Yes Min. artic. offset t; •9 2 2 0% Yes Min. artic. length 3 10 233% Yes 3 10 233% Yes '7A tt( Articulation Evaluation No.1 Case No.ZA 98-024 Date of Evaluation: 07/02/98 Elevations for.Elevation D Retirement Residence Received: 06/26/98 Front-facing: Wall ht.= 23 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 69 21 -70% Yes 69 26 -62% Yes Min. artic.offset 3 3 0% Yes 2 2 0% Yes Min.artic. length 4 8 100% Yes 4 4 0% Yes Elevations for Elevation E Retirement Residence Front-facing: Wall ht. = 23 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 69 46 -33% Yes 69 21 -70% Yes Min.artic.offset 2 6 200% Yes 1 2 100% Yes Min.artic. length • • 4 13 225% Yes 2 4 100% Yes Elevations for Elevation F Retirement Residence Front-facing: Wall ht.= 23 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 69 31 -55% Yes 69 28 -59% Yes Min. artic.offset 2 2 0% Yes 2 2 0% Yes Min. artic. length 4 14 250% Yes 1 4 300% Yes City of Southiake,Texas TREE PRESERVATION ANALYSIS (COMMERCIAL DEVELOPMENT) Case No:ZA 98-024 Date of Review: 07- 1 -98 Number of Pages: 2 Project Name: The Remington at Owenwood Drive Addition •APPLICANT: SURVEYORS: Ernest and Joyce Owen Peiser Surveying Co., Inc. 800 West Southlake Boulevard 1333 Corporate Drive, Suite 100 Southlake,TX 76092 Irving,TX 75030 Phone: (817)251-8380 Phone: (972)751-0055 Fax: Fax: (972)751-1014 THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481-5581 EXT. 848. GENERAL COMMENTS: 1. The Tree Survey meets all of the requirements of the Tree Preservation Ordinance 585-A. 2. All of the trees labeled as Mulberry on the Tree Survey are actually Mesquite. TREE PRESERVATION COMMENTS: 1. The applicant has shown good faith in providing for a large majority of the protected trees on the site. 2. Any grade changes around the buildings and courtyards where protected trees are to remain will have to be studied.No grade changes(cut/fill)shall be allowed within the limits of the critical root zone area of any protected tree unless adequate construction methods are approved. 3. The walking path that is shown to meander through the Post Oaks in front of the property should be constructed at grade. This will limit the destruction of roots under and around the walkway. 4. PRIOR TO CONSTRUCTION: • Tree Flagging: All protected trees on the property within forty feet (40') of a construction area or surface improvements shall be flagged with vinyl orange tape wrapped around the main trunk at a height of 4' or more such that the tape is very visible to workers operating construction equipment. 74 ff 3 City of Southlake,Texas TREE PRESERVATION ANALYSIS The Remington at Owen Drive Addition Page 2 • Open Space Flagging: All trees or groups of trees within areas intended to be saved as open space shall be enclosed with fluorescent orange tape along all areas of possible access or intrusion by construction equipment. • Protective Fencing: In those situations where a protected tree is so close to the construction area that construction equipment might infringe on the root system or within twenty feet(20')of the construction area,a protective fencing shall be required between the outer limits of the critical root zone of the tree and the construction activity area. All protective fencing shall be in place prior to commencement of any site work and remain in place until all exterior work has been completed. • Bark Protection: In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with 2"x4" lumber encircled with wire or other means that do not damage the tree. „, ------ ) ,--; If l'I i 3 :16. g • J 17 O9 g: b.. ; 64rI at -:::01;0 I F :15:4a::112 rH r iN�i►-J Jado 1 f_..-� ,iy • ] j $a1]g 1 z=' !4 1 .. 11101iii r RI'1i1iIMIUi1hø'1111111 •— — ilk r r — imi U IiI Ihi1 E �� _it_ .� 1 ; Ih4 - -'11b, I el I• —A .1 , .jhk• _ -- — / 1 1ha :ram i* ik:- ltJ A� Ik1 ill III I I iis ' E! 1i I'll I , 11 IZ ! ' . < ill �:�� — 1F1k1' il I 'ir 111 1it I . 1 ! 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" 11 l I I I �e c f8t M«Bf1�BB �� '• t + a —+� 11 ii.ii.. ; . , :_. 4. . at ! i ."« Ohl 1 il a 3 E38a ____E .11 .$ al lw r /" . :. ., - .„ i . . . .�,' µPit i t ! , ;: : 1 aiii : ' g t,o I ^ ' 'Nit: I f E r- 8'BBL M „Bt,BSBB S ' t is . i� .,1E g itl g .: ,--- •- PiIil!S {V .(1!11!PIIIIIP!P/P!PIPIIIIIIE . ., , OM" 1,3 »11o»3a3»a»1a»>o3»1 8 s‘ ' - , .F.i.. r aR "3. / a 1t§ 1:313311111:33331333311:331113131 . , i; 1 I 'it,ii.:: cn OF4 gli /11111 . -',. hi i gl - 0 Rt1 1 klit. 11111111111111111111111111114v. sia'� :'A $ I :I j . � � l t ; 'YZ'LLf Y.«80 lf.8o N • 5 r i CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-275 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 TRACTS 4F, 4F1, 5A1B, 6A1, AND A PORTION OF TRACT 6B SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, AND BEING APPROXIMATELY 22.558 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "CS" COMMUNITY SERVICE DISTRICT TO "S-P-2" GENERALIZFD SITE PLAN DISTRICT FOR SENIOR ADULT LIVING COMPLEX TO INCLUDE TRIPLEX, QUADRAPLEX AND PENTAPLEX VILLAS,PERSONAL CARE FACILITY, SKILLED NURSING SUITES, AND SENIOR MULTI-FAMILY UNITS 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 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 L:\CITYDOCS\ORD\CASES`\.480-275.W PD Page 1 rA WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District and "CS" Community Service District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and 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 fmd 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 fmd 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 L:\CITYDOCS\ORD\CASFS48o-275.W PD Page 2 7�LI7 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 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 Tracts 4F, 4F1, 5A1B, 6A1, and a portion of Tract 6B situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 22.558 acres, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District and "CS" Community Service District to "S-P-2" Generalized Site Plan District for senior adult living complex to include triplex, quadraplex, and pentaplex villas, personal care facility, skilled nursing suites, and senior multi-family units as depicted on the approved Concept Plan attached hereto and incorporating herein as Exhibit "B" and adding the following language: 1. The District shall be restricted to the following number of units: Not to exceed: 32 Villa units; 60 Assisted Living(Personal Care)units; 30 Skilled Nursing Suites; 80 Retirement Residences; and a maximum density oft+ 9 units per gross acre. 2. Residency in the District shall be agerestricted'100 o to persons 55 years of age ....:. ....:.... or older or to seniors age 62 and older. The owner and operator of the property located within the District shall comply with the provisions of 24 C.F.R. Sec. 100.304(c)(2) to insure that residency is restricted to older persons. 3. The owner and operator of property located within the District shall provide all amenities shown on the concept plan., notwithstanding the disclaimer shown oii 4. No further subdivision of the property shall occur beyond the two lots proposed. 5. Transportation services shall be provided .................b.<.:.y:.. a...t least .<.<.tw....o... (2...)...,. 6...-1.0... person v..;.;.a:..>n...s whichar ewheelchair-lift equipped. One; > ; b to de;d ah04> ,:;g :the seed :: untes and the sec pan shall be + de at least <)**Ii:4011i4thOilttiiiii&nt#04.040ii 6. Each January, the owner and operator shall submit a written certification that their .................................... residences residency within the District complies with the ageaglik#6000 requirements of stet taut i i`Condition No. 2 aiii6itiahereof haft. . L:ICITYDOCS\ORD\CASES\484275.W PD Page 3 ?/A`l St 7. Building materials shall be as indicated in the applicant's June 9, 1998 letter: brick facade with accents of EIFS (stucco) and fiberglass columns. Roofing material will be synthetic or light weight concrete Monterrey tile. 8. The entire project shall comply with the Corridor Overlay Ordinance. gi ........................................................ ....................................................... ........................................................ 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 4 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. L:\CITYDOCS\ORD\CASES1484275.W PD Page 4 /A Li� 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 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, free 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 L:\CITYDOCS\ORD\CASES\480275.W PD Page 5 PASSED AND APPROVED on the 2nd reading the day of 1998. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CITYDOC6S\ORD\CASES\484275.W PD Ac f �e l EXHIBIT "A" Being that certain tract of land, located in the Jesse C. Allen Survey,Abstract No. 18 in Tarrant, County Texas, and being a portion of that certain 90 acre tract of land conveyed to J.B. Bearden by deed recorded in Volume 1545,Page 183, of the Deed Records of Tarrant County,Texas, and also being a portion of a 15.218 acre tract of land described in deed to Bedford Savings, recorded in Volume 9239,Page 811, of the Deed Records of Tarrant, County,Texas, and also being a portion of the tract of land conveyed to Joseph Mortazavi as recorded in Volume 10299,Page 1354, and in Volume 9316,Page 1637 of the Deed Records of tarrant County, Texas, said tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod set in the south line of F.M. 1709 (West Southlake Boulevard); THENCE S 00 deg. 01 min. 06 sec. E, 889.81, feet to a 1/2 inch iron rod set for corner, THENCE S 88 deg. 47 min. 36 sec. E, 330.76 feet to a 1/2 inch iron rod set in the west line of the Elmer I. Wiesman tract as recorded in Volume 4089,Page 9,D.R.T.C.T.; THENCE S 01 deg. 10 min. 02 sec. E,469.80 feet along the west line of said Elmer I. Wiesman tract to a 1/2 inch iron rod set for corner, said point being the southwest corner of the Elmer I. Wiesman tract and being the north line of tract of land described in deed to Joseph Mortazavi and wife Kamiela, as recorded in Volume 9316,Page 1637, D.R.T.C.T.; THENCE S 88 deg. 47 min. 36 sec. E, along the north line of said Joseph Mortazavi tract a distance of 84.63 feet to a 1/2 inch iron rod found for corner; THENCE S 00 deg 22 min. 49 sec. W, along an existing fence line a distance of 502.86 feet to a 1/2 inch iron rod with plastic cap stamped R.P.L.S. No.3688 set for corner; THENCE N 89 deg. 31 min. 09 sec. W, continuing through the interior of said Joseph Mortazavi tract a distance of 377.27 feet to a 1/2 inch iron rod with plastic cap stamped R.P.L.S.No. 3688 set for corner, said point being in the west line of said Joseph Mortazavi tract, same being the west line of a tract of land conveyed to Rand P. Carson as recorded in Volume 9093,Page 1973, of the Deed Records of Tarrant County,Texas; THENCE N 00 deg. 04 min. 35 sec. W, alongihe common line of said Joseph Mortazavi tract and said Rand P. Carson a distance of a distance of 507.72 feet to a 5/8 inch iron rod found for corner, said point being the northeast corner of said Rand P. Carson; THENCE N 88 deg. 47 min. 38 sec. W, 193.04 feet along the north line of said Carson tract to a 1/2 inch iron rod set for corner; THENCE S 00 deg. 01 min. 06 sec. E, a distance of 184.10 feet to a 1/2 inch iron rod found for comer; RECD APR 131998 -�A-<-a_ THENCE S 89 deg. 59 min. 49 sec. W,299.92 feet to a 5/8 inch iron rod found for corner, THENCE North a distance of 1439.03 feet to a 1/2 inch iron rod found for corner, said point being in the south line of said FM 1709 (W. Southlake Boulevard); THENCE N 89 deg. 54 min. 28 sec. E,a distance of 13.46 feet to a 1/2 inch iron rod found for corner in the beginning of a curve to the left with a central angle of 23 deg. 21 min. 00 sec., a radius of 1004.93 feet, a tangent length of 207.66 feet, and a chord being and distance of N 78 deg. 13 min. 57 sec. E,406.73 feet; THENCE along the said curve to the left an arc length of 409.55 feet to a 1/2 inch iron rod found for corner; THENCE N 63 deg. 07 min. 30 sec. E,30.47 feet to a 1/2 inch iron rod found for corner; THENCE N 66 deg. 05 min. 15 sec. E, a distance of 11.13 feet to the POINT OF BEGINNING and containing 982,606 square feet or 22.558 acres of land more or less. 4V-61944; Hugh E. Peiser R.P.L.S. No. 3688 April 08, 1998 f- ,�,:Q�O 9Fo;ct� � • HUGH E.PEISER • 70 3688+e`� suav- A-c'1 EXHIBIT "B" 1 7:1- cio gg�d 3 $mu, to a�.. 1; .OI Z A newm2 66.06 Y F 'V 1 a our n o z z S�z' N 1iiI1llhflIfl d 1 .1 1i ?^ { • n ` v'-A '-aP 1.11I'1(i itil az- i a,r.; ,9 r•rQ^- �/ E P. it Ill•111 1(i1 I •�- 7 '. ��111i�+I 1 I ; . 1 1 fill = iiliiljilliull 11111!' 7tT _ 191411!! 111 rt ;71 1 Zc I: . ., . '1 IT 'ti; I�'1 '/ i a it tl11ii11 it,. 'li 1, 1� i_- � 7\L'‘:.* el ; 1! 11 i 74V, '::., -.!'ll I. el ji ill '1;41 1 1 '': air , a _ . — 1 r 1 i i tit ; t � s,i�--4s,_- -s=-.: 11 III ill 1111 _i 111�1 ( 1.d 11 1; • ii 111 111 I Air S Ij Play y "_ ....... 1. I . 11111111111k 1 141, _ I w �l Ia;i #I• 1'!' ] idlt,t4 1. , J� I � I ilI,ll'{ O J 1. i1 12 "Z 1 i t I �: ;1 P tt{ • a•i ■ i�Il t x 1 .i1•`� l '�'• 8 1 i11 ! ,tl �•I :! tI t iIi'I r- ii-[� 1 !!I 11a 1" 1!I( I" I!'+dl'•" t 11i Il -- �i ...; , .#1 1 1 1. 1 '4 Il'•ilii! -ti— i I:i f I r11111111II !11111 1111/1 ,11t111 _-.. �• 1 7. ;t jiti5; 1` = 1i .it,' Jot 1 ,I li I11'! 1'! i dill r-�z C "3 ■1 G `I - ♦ Ii I1i Itt 1i111 11■ . .1I+ 1 11.1 tl 212 I ,�, 41 1 i , ; 1 0 1 Ill'I° ••G- ■ i 1 :c7z /• jl If J• 1 1 J J J _»� z 1; r• l!91J 1 1 '',i'l ,9C'Of[ 1 3 „9f,L►.BB S EVI r _ + 2 I i5 _• M C1. ) fir.■.,.:• /44_-- .." :a.0 Y 1.rel..iiMi :7- 'a Mi• x 11 - ' OD hyyn ,! J,/y� W -\ r . .f 4l- Ai�1 Y ii : ; h l 1 1 ., I . t t o IiiP i : i 11:11 G51 II i • t M )J it; i�� Y1!� .7 I 1Fnb !1Ili t1.. -_-w� ) 1 _ CIA N J I t - d t o 1 I ►0't'6l M ..BCL►B '� �� y _. 49. 3;:_5 im 1 I j t 1 I� .� a �:x s 3- i ll t 1 I r` ' --- tl it 5 �� x .li. LS cit Li alft • 111 i { ;„ 1s o 1 t(�41 1 _.:_ r:. 1 I ■I I.?,''''' 11E1 I lil i -4 i # ■1 3.1 _s Y V �� dill �1 - 111 I 1 III 6 66Z M „6►,65.69 S ` '� n ' i ----F ',� a 1 sa r �1 i , 1 N H 1Ii 1,1 tail if ail! !hilbillh> lei'dig]] b agi1 ill i '1 - z .d 3 O I 0 'Y- JV ;'X. Sa. .. a .. ,. •. , , . , .. •. . • O Ihh n i,?t' ' 2H a S m l.+ .i t11 0 ; \ i; o "0.4 q z): z 19 E; i. s 1 .4 . e :t .1 .t . t . t .t .S ill !gir # + 2 If Fj - k i i/ z U Ial li ■+. 1 '1LLl!1 i i 1 1 I tl ■• I l f ••1 1 !t 111 '� i lC #' 1 -14. WQ - =� ,,= f 111111 I I1tI 11 11 11 11 11 111 111 11 Iri I! I;„, `"h �� = ' V 1 . 1 a y 11{i s ,i i t . i i a a al;, i i l! 1 ;,.ip .r f:14,;4.a,.. : 4-- 5 $l 7 A ,LL'LLf'I.IA „60,1C.69 N 1. i i City of Southlake,Texas kimpe MEMORANDUM July 1, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Interim Parks and Recreation Director SUBJECT: Clarification of the Trail System Master Plan, designating the side of roadway to locate off-road trails At its May 11, 1998 meeting, the Park Board considered and recommended for approval, a Trail System Master Plan which designated the side of roadway on which to locate off-road trails. These guidelines were developed in order to assist City Council, Planning and Zoning Commission, and staff, when working with development contiguous to the off road trails. After staff recommended a few more minor changes to the guidelines, the Park Board again considered the revised guidelines at its June 8 meeting and passed the item on Consent agenda. The Planning and Zoning Commission considered these guidelines at its June 18 meeting and approved the guidelines with no changes. They did however, also suggest that sidewalks be considered along the north side of FM 1709 between North Peytonville and White Chapel to alleviate concerns of children crossing FM 1709 midway between intersections. In deciding which side of the road an off-road trial should be located, the following considerations were used: • Wherever possible, off-road trails were located on the side of roadway which would connect existing trails, parks,joint use facilities, schools and other elements of public interest (e.g., Town Square, senior activity center, etc.); • Existing terrain and tree cover which could either hinder'or enhance trail features; • Changing from one side of roadway to another was minimised as much as possible, and when needed, transitions were placed at major intersections or other types of cross-over opportunities. These guidelines are meant to be a planning tool, and as such, as further development occurs or unforeseen opportunities arise, these guidelines will be reviewed for any necessary changes. LCurtis E. Hawk Clarification of the Trail System Master Plan July 1, 1998 Page 2 Please place this item on the agenda for consideration by the City Council at their July 7, 1998 meeting. Since I will be out of town, Park Planning and Construction Superintendent Ben Henry will be at the meeting to answer any questions. In the meantime, if you have any questions, please feel free to contact Ben at extension 824. KH Attachment: Trail System Master Plan, approved by City Council August 15, 1995, with guidelines (Ow 74 -a City of Southlake,Texas STAFF REPORT July 2, 1998 CASE NO: ZA 98-047 PROJECT: Ordinance No. 480-283/First Reading/ Rezoning and Concept Plan-The Trailhead STAFF CONTACT: Dennis Killough, Senior Current Planner,481-5581, ext. 787 Karen P. Gandy,Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as being Tracts 6A,7A, and 7B, situated in the J. J. Freshour Survey,Abstract No. 521, and being approximately 19.006 acres. LOCATION: North side of Johnson Road approximately 180' east of Warrington Lane. OWNERS: Jack Johnson(Tracts 7A and 7B) and Hollis Johnson(Tract 6A) APPLICANT: Fred Joyce-Mary Myers Enterprises, Inc. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Twenty (20) RESPONSES: Two (2)responses were received within the 200'notification area: • Frances Willoughby, 2655 Johnson Road, Southlake, Texas, undecided. "I am not opposed to the zoning change. It's the fine print that worries me." (Received 5/22/98) • Dennis Kelley, 625 Katelyn Lane, Roanoke, Texas, opposed. "We moved out here to get away from what is being proposed and imposed on us all around. We bought our home because of the current zoning." (Received 5/21/98) Donna Kelley, 625 Katelyn Lane, Roanoke, Texas, opposed. "Same as husband's plus environmental issues and animal habitats." (Received 5/21/98) P&Z ACTION: June 4, 1998;Approved(6-0)at the applicant's request to table to the June 18, 1998, Planning and Zoning Commission meeting. L SA ( City of Southlake,Texas June 18, 1998; Approved (7-0) 'subject to Concept'Plan Review Summary No. 2, dated June 12, 1998, in accordance with the geometry presented tonight;deferring all requirements relating to the Subdivision Ordinance until review of the Preliminary Plat at the next meeting; and acknowledging the applicant's agreement to place an 8' fence along the east side of Lots 23, 24, and 25 adjacent to Gaylord Johnson's property. STAFF COMMENTS: The applicant has met all requirements in Concept Plan Review Summary No. 1, dated May 29, 1998, and Concept Plan Review Summary No. 2, dated June 12, 1998, with the exception of those listed in Concept Plan Review Summary No. 3, dated July 2, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-047ZC.WPD L SA ill ONO Le 4.g°• A\° I — m Qi7O Cr t II R[7IIN[F IV _L__ Q ----- 006" - - i 1 , ctagrikipitO— f ii- kir I ,....., -..,...50,15 .-4 L,....4,_1 II oirj Will tiii / ---,' --jam -- _ .t I .,,1 G . .7 , 3CS' 71 iiiff - .. -°%'.6.,raS .■- 1 Milli (16,0" ____i PrOP MN WWII VeCk5CA4 1 Nil 17, - .. . , , P wrb i 1. ' 1 Ea so a_ ESZ P�j : 0 MUM '0,4k64. Mai hrr N i VICO .O: COAWCSCFES "7 lit*Wil .t MOM 1 - :4:1lMrllrirdllSll E p , — Low' -A°4-- CC14411 \ ! III 1 1 1 TRACT MAP ' 1 DP — . 4.29 Ac _ TR.3H - .50AC 201 \. "AG -nLe —_,..., • m P 8 ›' NOUR 93 33 m m T. SMITH 3 RE-'�EY o { . M. SCHRADER 55U 5�1 TR 3C1A R1 A - .01 2 O -< , p TR.8A2A m/ .06 Ac • 3 12 11 1> 4`Ta mod . Z ik CA CARRICK CT T. KLEPIKOW 15 2 16 17 ,1 o TR.60 TR ZO 2.9 Ac 7 z o 20 19 • p m 18 C T.UA/1RTINEZj T' 78 TR.7A TR6A in' co 3.' Ac 6 A. 9.5 Ac co O YO]"SF-2OA" Oz z "AG" RI ? OOD 7 8 ICE TR.6C TR.6 a 10 9 P 1 Ac 1.67 Ac rn in TR.8A2 f N 2.9 A WATTS CT " =; O co '�. .? c2 c 2_ Q QQ' O O 13 14 H1SlUE' z z CP J� O O .1.3° -: ,_ z N � N � N � I • • (Now. co 33 33 "AG" AD 1)1V TR.2C7 7R.2C 17 TR.2C ADJACENT OWNERS 8 °SF-1 A"' . . -54-5 \ 2 Ac 2 Ac "SF-1 A" AND ZONING - . I ISAq I ; I City of Southlake,Texas CONCEPT PLAN REWW.V.�, IEW 5 � - " w+' vzs 614.. fe '1•'�'t "a+^'i .. .. .Y4'•P - -�* , Case No:Zit 98-047 Review No: Three Date of Review:07/02l98 Project Name: Concept Plan-SF-20A Zoning Request of The Trailhead being 19.006 Acres situated in the JJ.. 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 Attn: Fred Joyce Fax: (817)446-3116 Attn: Pete Henderson CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06t22/98 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 DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. The following changes are needed regarding the proposed lotting: a. Provide a minimum lot width of 100'measured at the minimum 35'front building setback line. The following lots do not comply: Block 1 Lot 11 -proposes 65'building setback line. Lot 12 - proposes 60' building setback line. However it appears that the lot width is 1.5'±deficient at this setback. Block 2 Lot 5 -proposes a 40' building setback line.However it appears that the lot width is 8.5'±deficient at this setback. Lot 15 - it appears that the lot width is 3.5'± deficient at the proposed 35' setback. b. The following lots do not appear to meet the requirement for perpendicular or radial lot lines: Block 1,Lots 11 and 12. Block 2,Lots 3,4,5 and 15. 2. A 35' building setback line is required on both street frontages for corner lots. The applicant has requested a reduced sideyard setback of 25'for Lot 1, Block 1 and Lots 1, 7, 8, 13, 14, Block 2 and ("Back to Back"lots). 3. The following changes are needed regarding Right-of-Way dedications and interior street geometry: a. Provide two planned points of access(Ord.483-G,Sect 5.01-C).Provide a street stub into the east boundary line of the subdivision. b. Generally, a maximum number of twenty (20) dwelling units should be permitted on a cul-de-sac street permanently designed as such. Additionally,the length of the Cul-de-Sac should not exceed 1,000 feet(Ord. 483-G, Sect 5.01-I).Trailhead Drive/Court is 1238'±in length and has 27 residential lots proposed along the cul-de-sac. SA c - City of Southiake,Texas c. Trailhead Court is an extension of Trailhead ',. bus street. r Y d. Provide another name for Indian Court. A similar name already exists. 4. Label Lot 16, Block 2 as "Common Area/Open Space". All common areas shall be private lots dedicated to and maintained by a homeowners association. 5. In the Site Data Chart the net acreage should include Lot 16 Block 2,(Open Space). * The applicant should be aware that no drive access onto Johnson Road will be permitted. cc: Fred Joyce-Mary Myers Enterprises,Inc. VIA FAX ABOVE Goodwin&Marshall,Inc. VIA FAX ABOVE L:\COMDEV\WP-FILES\REV\98\98047CP3.WPD Sik(O City of Southiake,Texas . _.:a '• '$,,*'lied- - ,•xc ' 7sA'P C n TREE PRESERVATION ANALYSIS .$. (RESIDENTIAL DEVELOPMENT) Case No: ZA 98-024 ' Date of Review: 06 -11 -98 Number of Pages: 2 Project Name: The Trailhead (Preliminary Plat and Aerial Photograph) APPLICANT: Prepared By: Fred Joyce-Mary Myers Enterprises,Inc. Goodwin&Marshall,Inc. 1017 W. D. Tate Avenue 6001 Bridge Street,Suit 100 Grapevine,TX 76051 Fort Worth,TX 76112 Phone: (817)481-3516 Phone: (817)429-4373 Fax: (817)481-4798 Fax: (817)446-3116 THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481-5581 EXT. 848. 1 GENERAL COMMENTS: 1. The aerial photograph and the transparent overlay that the applicant submitted meet the requirements of the Tree Preservation Ordinance 585-A. * I walked the entire site. The forested area is made up of middle aged trees, evenly spaced which provides almost a single cover of canopy.The majority of trees are Post Oaks to the west higher land and then turns into Bur Oaks,Black Walnut and Pecan to the east along the boundary of the 100-Year Floodplain. Bur Oaks can be identified on the aerial photograph by the greener patches of color.The entire area has been maintained by allowing goats to graze the underbrush,so there are very few understory trees and no young trees.Most all of the trees looked to be in good health and I saw very few dead ones. TREE PRESERVATION COMMENTS: 1. With the Preliminary Plat transparency laid over the aerial photograph, it looks as though the applicant has designed the layout of the development to preserve as many protected trees as possible. 2. For the development of residential subdivisions; all area within the public R.O.W.,utility easements or drainage easements as shown on an approved Final Plat and areas designated as cut/fill on the master drainage construction plan approved by the Landscape Administrator shall be exempt from the tree protection and replacement requirements.All other area shall be subject the requirements of the Tree Preservation Ordinance 585-A. BUILDING INSPECTIONS 84 1 City of Southlake,Texas , > - ,.N ...,, i.vCR r. ..; E`. .a N ".r. ',,i4,4, ANNIFIrS" AR SE .rz^FW.-•Co, 3. For builders and contractors; all area within the driveway, public sidewalks, patios, septic tank and lateral lines,parking area,pool and associated deck area and area within six feet (6')of the building foundation as shown on an approved plot plan shall be exempt from the tree protection and replacement requirements. All other areas of the lot shall be subject to the requirements of the Tree Preservation Ordinance 585-A.A survey meeting the requirements of Schedule B of the Tree Preservation Ordinance shall be required with the submittal of a Concept Plan, Site Plan or Plot Plan when submitted for a building permit request. # Denotes formal comments * Denotes informational comments (...., • BUILDING INSPECTIONS cmi m I ( I I � ( 3cq �fs. aaIe. .� it Mj• _ Z 1 "mil 1 1 1 1 I N i b acts N -1 i y tg 6 1 ! = k !it E :r y I #_�e oil IF,. =Its I ifw G►otiSvttt7f.o , ow++nao•.I■sw ' I ' i I • ` "- :— --x--..--- � 11 i ---: --- r, » ---r nea . ., i 1i I 1 .t IN, .0 it � I x I i �I i I !ii g .yam, •,C .. I a 1 AZ". ilk ► • a DYlr b 1 11 t3Y } ' , \ 1 ii I 1I ' ,„ 1 ! =ice;' w l .. i \i I I . : � � i 'I ...7:' , I — x _ as : / "•3 : 'iii„, . --- .�.+ _ I I i I ., ,< . I taw ;;+ ti "_: \ .. I I j • • a, i ii�3 .1 ' ..i_ 9 i } \ MAlad 1111 t '; 1: c -;\ —I C I t 9 •, ,•• '! ,, I , i -=- i • {i :ir - -, ':\ kI +1i j,R s e:311I'SIt in a s a- { _ ir; a ii 4a� a L .t I i qr }3; f-.Ill ,21 - CO_ i )4N/ _ ;/ ir \ ...... l -11 I \ a�,-� -' !_ . (II./ i . 'i si 1 , ,_.., a, i i It • j a� fig, a 1i `� i I ' SA6t (ipe CITY OF SOUTFII,AKE, TEXAS ORDINANCE NO. :.9 1 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 SOUTHIAK;, TEXAS BEING LEGALLY DESCRIBED AS t `' ��.��c �i�� !��' afs�" _ •.?i,. c fi A 4 * AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM . , . , TO SIN 00 0a STRICT 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 MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILI TY 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 (m.,, person or corporation having a proprietary interest in said property; and G:\ORD\ZONING4t80.145 Page 1 8AI n WHEREAS, the City Council of the City of Southlake, Texas, at a pubic 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 fmd that there is a cipublic 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 fmd 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\ZONING1480.145 Page 2 8Aif 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 legally described as ►,��'z � ' � O!11!4: t_.:Ti_? 1 ;._'�, a y e Ye y te'#,'� " s uTa is�. sad s� , ;, i o i ae and more fully and completely described in Exhibit "A" from 1-_: to '= -. Sin t6 �ga� �_ > 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 defmitions 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 L„, 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 SA0, 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 fmal 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: C G:\ORD\ZONING\480.145 Page 4 8A (3 (re CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C C G:\ORD\ZONING\480.145 Page 5 (hwe' EXHIBIT "A" BEING a 19.006 acre tract of land in the JJ Freshour Survey, Abstract No. 521 situated in the City of Southlake, Tarrant County, Texas and being that tract of land conveyed to Fred Joyce- Mary Myers Enterprises, Inc. By deed recorded in Volume XXXX, Page XXX of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron pin found at the Northeast corner of Lot 9,Block 2 of Ridgewood, Phase II, an addition to the City of Southlake as recorded in Cabinet A, Slide 3270 of the Plat Records of Tarrant County, Texas; THENCE EAST, 655.00 feet to a point, said point being the Northwest corner of a tract of land conveyed to Derrell E. Johnson by deed recorded in Volume 6591, Page 64 of the Deed Records of Tarrant County, Texas; THENCE SOUTH along the West line of said Johnson tract, 1264.00 feet to a point, said point being the Southwest corner of a tract of land conveyed to Gaylord K. Johnson by deed recorded in Volume 2154, Page 507 of the Deed Records of Tarrant County, Texas, said point also being on the existing North right-of-way line of Johnson Road (ROW Varies); right-of-way WEST along the existing North ngh y line of said Johnson Road, 655.00 feet to a point; THENCE NORTH, 1264.00 feet to the POINT OF BEGINNING and containing 827,920 square feet or 19.006 acres of land. (Pe G:\ORD\ZONING\480.145 Page 6 • SACS • (tie EXHIBIT "B" _....._ co ( 1 i ( 0) s9 ! j ie 7 ` g - CZ iie II! ; I i ^tf 1 = :111 a I 3 1 :4,1 I t 1 ! I ! Vg 1- p.) illiiii! !I !ill+ i .1.1ri- - et ;11I alit :1". 1 ! 'I _ I • a i • _::" lif f.1i !!a I II- I if* Pi a+ a,. 4. Hi • Oil.;: t: 'i .q et-, M; !-r Y1i !fit o i III • -(MOt uv,,rv,ADI !, M.R.Q.• -•IP. it �l I !CIYOiNCWpi --r1��—a—...—.�G= `_J� i i_ ' ^ lb 1 -.. --_�__.-___ _._ .n Y -.r�sr is E 1 I 11 ! 1 I _k lid—•fit- 51 i.•• g F Et if ei \ , ., / —.—, i ! •1 44 ,3 11 L , s ....., , ,.4., :, ..i - =sr.r a ''' t-•. E' -i • s s i s 11 i I:1 ** • 1 ' I I i t A ri =i i • • \ + s;�i1,f •1Is "1 I ' I I as o= iii = b e IIII is • -1 -� i 1 53 - i iPt i Silii i Flirri- il ; �t \ � t :!i .,_. `• Is c taxi=. i. anal Z - ,i�! �! I '' � •• ! _ , _1 , . C ifsi el, It t!: ! E. • . k l ` _.s. 0: :i. i is }. - _ M . s: i , , iiii esl t;.rill - till ! I '•1 -.t lil in C.E: - n ., ! e• ! ' I..-I-.!L:YSit Yj k- '�a4 f �. f' -E ( ( i;a ill_•-:eui:.__ lei:Ole, z / L. -E .I a • iiif� •!dW / p _/yVii \ i{i y- 6:7 )� i.� �/ �- -( \ tE i / .- - , ... .. I , '; 4 A. . �4l1, isle= i_? s ,4. coi -i I i. , fi ��• ` ,4'� (if• '., .(it I • • •i {4 b i ' we ; I GAORD\ZONING 410.143 Page7 Ott140 City of Southlake,Texas MEMORANDUM July 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: First Reading, Ordinance No. 480-CC, Residential Adjacency, Corridor Overlay Zone, and Pitched Roof Regulations Attached is Draft 6 of Ordinance No. 480-CC (presented to the Council on June 16) which P & Z recommended for approval with a (6-1) vote on June 18, 1998. The Commission recommended that a definition of"footprint"be added to Section 1, that all buildings have a pitched roofs that have a footprint of 6,000 s.f or less of floor area, rather than a total floor area of 6,000 s.f and stipulated that the terms of the ordinance apply for all submittals following the effective date of the ordinance. I anticipated having these revisions made and a new Draft 7 available for Council consideration; however, on Monday of this week, the city attorney called with some questions and concerns regarding how certain provisions of the ordinance would be enforced. Unfortunately, I have not been able to address all the attorney's recommended changes, but hope to do so before the meeting on Tuesday. Should you have questions regarding this ordinance, please call me at (817) 481-5581, extension 743. KPG Lam, SB - I 1 ORDINANCE NO. 480-CC AN ORDINANCE AMENDING ORDINANCE NO. 480, AS 4 AMENDED,THE COMPREHENSIVE ZONING ORDINANCE 5 OF THE CITY OF SOUTHLAKE, TEXAS, CREATING 6 RESIDENTIAL ADJACENCY DEVELOPMENT 7 REGULATIONS FOR NON-SINGLE FAMILY RESIDENTIAL 8 DEVELOPMENTS WITHIN FOUR HUNDRED (400) FEET 9 OF PROPERTIES ZONED SINGLE-FAMILY RESIDENTIAL 10 OR DESIGNATED LOW OR MEDIUM DENSITY 11 RESIDENTIAL ON THE LAND USE PLAN; PROVIDING 12 THAT THIS ORDINANCE SHALL BE CUMULATIVE OF 13 ALL ORDINANCES; PROVIDING A SEVERABILITY 14 CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS 15 HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING 16 FOR PUBLICATION IN PAMPHLET FORM; PROVIDING 17 FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND 18 PROVIDING AN EFFECTIVE DATE. 19 20 WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter 21 adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 22 9 of the Local Government Code; and WHEREAS,the City of Southlake has heretofore adopted Ordinance No. 480, as amended, as the zoning ordinance of the city; and 26 27 WHEREAS, the City of Southlake has historically developed as a residential community 28 which is particularly suited for the development of a quality residential lifestyle which is separated 29 from non-single family residential developments which might adversely impact said residential 30 neighborhoods; and 31 32 WHEREAS, several existing and planned residential neighborhoods are located adjacent to 33 properties which are developing or will be developed for business and commercial use; and 34 35 WHEREAS, the city council of the City of Southlake recognizes the vital importance of 36 residential neighborhoods and the need to preserve and protect residential neighborhoods from the 37 potential adverse effects of adjoining non-single family residential uses; and 38 39 WHEREAS, the city council further recognizes that certain areas of the city would not be 40 appropriate for non-single family residential development unless special development restrictions are 41 placed on such areas; and 42 43 C L:\CITYDOCS\ORD\DRAF1'ZONING\480-CC6.WPD Draft No.6,Doted:June 12,1998 Page 1 8B- a 1 WHEREAS, the city council desires to protect and enhance the attractiveness of the city to visitors; to promote and stimulate the economy; to ensure the harmonious, orderly and efficient (time, growth and development of the city; to preserve property and property values; and to maintain a 4 generally harmonious outward appearance of both single family residential and non-single family 5 residential structures which are compatible and complementary; and 6 7 WHEREAS, the city council desires to adopt this ordinance for the purpose of preserving 8 and protecting the quality of residential life of existing and future residential neighborhoods by 9 adopting reasonable regulations that will promote non-single family residential development that is 10 compatible and complementary with adjoining single family residential properties. 11 12 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 13 OF SOUTHLAKE, TEXAS: 14 15 SECTION 1. 16 17 Section 4, "Definitions" of Ordinance No. 480, as amended, is hereby amended by adding 18 19 the following new definitions thereto: 20 : .. .. 21 "Non-singletl'i(iiii;ifiiitilifiiiiilf esi ential Use,or uilding<:P l;nc esidential strict uses or 22 buildings as well,'as: o fa ily...and m ltiple-fax y , esidential district uses z r ............ .......... cbuildings.k :::>::>:.:<«:: :.<:>:::>:; : ::>.>:;:;:::;::<.;>.:;:;::>::>::;;:::<;:>:;:: ; . ;:: . . ;: :flat i�, >: :..: . ..,::> :_ :': f :: em ha >:€we:::oyr>: e::: open :e7x.:lu in.<: se;:at or 26 built-us 27 28 Single F ly Residentia Property Any lot or tract of land with single fi.ifu1y 29 r ot g( e. REFIA F1BS 30SF2eA,S -20B, FxPam o : : 30 Usl € tract la deignatedasloinormediumdsiyresidentao zthe d 31 r.............. 32 33 :�:� r':.:�<iis�i:i^1i:i: i::_:A;::via idi bi: Yiiii>:petert hasb'.e:..e.a.. 4 :.i.!.i.;. d the i�of:it 34 constructionaitut OrWwgiofaititsOrgoidontial4weiligg.of 35 36 Visible<Capable o t g seen from t ost.dist t property.line at a hetg of six 37 feet(6): hile standing at grade" 38 39 SECTION 2. 40 41 Section 43.9.c., "General Development Standards", of Ordinance No. 480, as amended, is 42 hereby amended by revising the initial paragraph thereof to read as follows: L "c. General Development Standards - The following standards shall apply to all non-single family residential development in the Corridor Overlay Zone and L:\CITYDOCS\ORD\DRAFI`ZONQNG\480-CC6.WPD Draft No.6,Dated:June 12,1998 Page 2 0B -3 . 1 the Village Center nless noted otherwise. l~ ii*` ' "ems>tr €a'ahit:::' L stances shall single fay €l se to the proper ofthe s gle family residence pr r " 4 5 6 SECTION 3. 7 8 Section 43.9.c.1, paragraphs (a), (b), (c), (d), and (h) are hereby amended or added to read 9 as follows and existing paragraphs (b), (c), (d), (e), (f) and (g) shall be relettered to (c), (d), (e), (f), 10 (g), and (h)respectively: 11 12 "1. Architectural Standards: 13 14 (a) Masonry Requirements: 'f es standards h ply to facades which 15 are visible from the folt g arlw ys and'their ec v €g 16t€a0SH 114, Carroll Avenue between SH 114 and FM 1709, FM 17 1709, FM 1938, roadwaysesig:.a.ed>as>> a n: ;..;:y:foot(6Q)flr �i ROW ' c� t O �>�'lan ,add a 18 g�ee�<ri€gl »of» �ahe.;:: ::::::::::.gear,.:: :::::.. JLL L 19 and/or from pi opci ty within 400' zoned I eid‘.> tial v1 de.bis1iatcd aJ 20 low or medium density residential on the LandUsePlan, s gle (12:15,, ••••••• •-iid'-iiithiii400:fett of thetitOpoatnot si le :::.:::::: „resrd l bu ,:...,, .,;All facades.ofthe appltcable.buildmgs s 1 buildings must all u d s�b bCeoustted; th�h�;a3€1et >;` g ..... 24 meet the masonry requirements as set out in Ordinance No 557, as 25 amended. However, such masonry requirements shall exclude the use 26 of cement, concrete tilt wall and other masonry materials of similar 27 characteristics. In addition,the use of standard concrete block shall be 28 limited to 10% of any facade visible from adjacent public ROW. 29 30 Stucco or plaster shall only be allowed when applied using a 3-step 31 process over diamond metal lath mesh to a 7/8th inch thickness or by 32 other processes producing comparable stucco finish with equal or 33 greater strength and durability specifications. ';fie✓; fir 3435 products other than stucco shall be sul ee €a:: he:approval © : .. .: �d.. .er::fie 36 sfa r' : a c bi a rs and l l b su lc 37 st ged' sp bons throughout the constructi n proces 38 39 ther 40 trttxte'a s. X 'av tie it r�tf z O .:....::.... 41 s r l titr f ergs er en ( o the brrrlding� a to or 42 f rshes, e�i a r l window, door.. and g arss e s t *44004 L:�CRYDOCS\ORD\DRAFTZONING\480-CC6.WPD Draft No.6,Dated::June 12,1998 Page 3 8B 4 • 1 Eb) Roof Design Standards In an wort to screen *t.: , ether app€inanciis= and fiat©�buiit�up roofs, all.structures i��rxch 4 are ,- .fltl{� squaere Y feet yr less shall be constructed w i t 5 pitch roof .fie ue ures greater thatrac 6,000 square feet 6 shall be constru cted with:either a pitched, parapet;or mansard roof 7 :system(enclosed an ali sides) trrrra �g learn metal r• fs shad lie 8 co acted o,fafzxct r treated :met llic, mattefi.*sT and dad 9composition -liku pit/duct 10 Mew ma's with lapped seamed constructio# bituminous bogoup roofs,and; fia>.<>me 3br -t.' e::ro 1whiff>are bj sh::l ........................... .......................... 12 prohibited 13 14 (c) Mechanical Equipment Screening: All buildings must be designed such 15 that no mechanical equipment(HVAC, etc.) or satellite dishes shall be 16 visible from SH 114, Carroll Avenue between SH 114 and FM 1709, 17 FM 1709, and FM 1938 and adjacent ROW and / or from property 18 400' of a pruperty liireuf a tract Lund rtsiilcatial oI do,igiialcd a� 19 single fang 20 a0444.. al.prop located t 1 felt of the nor s g e a y 21 residentiall lding This shall include equipment on the roof, on the 22 ground or otherwise attached to the building or located on the site. tee. l�oO :`i �zircte, aid::�.;:.:::::.;:.:::.:::::.::::::::::::.�F.:aPI?:: :::::::::::::::::::::::::::::::::::::::.g 01#01<b0ac0:.:.:....:.:.d>::::.»Alherztu0.0>0;0::: :x.::::::::: :<;:.;:<.;-: 26 27 h ch is:.. egral to the buiidmg s des g ;;and ensures;that such 28 equipmentcquitrOvOt ot,v0Olosomiof individual 29 is echo cal u €ts t be per tted a cept d crtbed ab ve; 30 31 All roof :p0ecl aeicals yr Chit a(:f eatures described.herein shall 32 lie.: tia on the required bu iding e ey n the 1 of site p an ....................... 33 appr# 34 35 (d) Facade Articulation: On - all facades which are 36 visible from SH 114, Carroll Avenue between SH 114 and FM 1709, or FM 37 1709, and / or ' 38 or designated as law ormediunr&nsityresideiitial n the Land Use Plan, f t 39 single Thmi y residential property located.withut 4QQ feet oft the proposed non:- 40 single. fam€iy residential; structure, the following horizontal and vertical 41 articulation must be met (see Exhibit 43-A for clarification). 42 43 i. Horizontal Articulation: No building facade shall extend 44 greater than three (3) times the wall's height without having a minimum off-set of 15% of the wall's height, and such off- set shall continue for a minimum distance equal to at least L:\CRYDOCSORD\DRAFTZONING\480-CC6.WPD Draft No.6,Dated June 12,1998 Page 4 05 s 1 25% of the maximum length of either adjacent plane. Vertical Articulation: No horizontal wall shall extend for a 4 distance greater than three (3) times the height of the wall 5 without changing height by a minimum of 15% of the wall's 6 height, and such height change shall continue for a minimum 7 distance equal to at least 25%of the maximum length of either 8 adjacent plane. 9 10 (h) Height: Same as in underlying zoning. Buildings adjacent to or across 11 the street from 1 e id iitial LUIil,%% (u, au ai ccn a 11atdfur-lv w of 12 inediu1rr i.kibity residential in the Como elrensive Land-Hoe-lout) r ' :: :; shall meet the standards for height 13 stir °.:: :::::::: ::::::.:::::::1?.:. � 14 regulations as outlined in Section III herein. 15 16 i. Village Center: All properties which are located within the 17 Village Center shall be further limited in height to the 18 underlying zoning district or maximum elevation of 710 feet 19 (National Geodetic Vertical Datum of 1929), whichever is 20 lower." 21 22 SECTION 4. Section 43.9.c.2(d), "Trash Receptacles", of Ordinance No. 480, as amended, is hereby 25 amended to read as follows: 26 d Trash Receptacles and::;440 ipso glo `o r recept l or 27 28 ramtyllgskIOrgiggitrTrash receptacles shall be four sided with 29 a gate and located outside bufferyards, and to the side or rear of the 30 principal building. They shall be screened by a minimum eight foot 31 (8') solid masonry screen and shall utilize similar masonry materials to 32 the principal structure." 33 34 35 SECTION 5. 36 37 Ordinance No. 480, as amended, is hereby amended by adding new sections 8.6, 16.6, 17.6, 38 18.6, 19.4, 20.6, 21.6, 22.6, 23.6, 24.6, 25.6, 26.6, 27.6, 28.6, 29.6, 30.6, 31.4 and 32.4 each 39 respectively to read as follows, and by renumbering the remaining sections accordingly: C L:\CrfYDOCS\ORD\DR4FI\IANING\48O.CC6.WPD Draft No.6,Dated:June 12,1998 Page 5 8$ -6 1 ADI iTff .TENEI ' T I1 P : NON Il I,E I IOT . .....::..::...: RE(B.' SIDENTIAL E1 IU)T S OR .........ES I;' l' 'ITI 3`T# 'R�I # :..- ')~�404 Qp' lt l{ RESR,O In addttti: 4 tl a developmen€ reg tlations applicable to €hta zoning district, the development 5 regulations zn i s section herein. shall also apply When aiiy rec re nts in tl .:a 6 section are in confltct';with other requirements t r this zoning dtstnet the ore 7 stringent requirements shall,apply_ 8 9 PRPOSE A i FFS.T l ode o presevefarnd protette nter cf 10 s h •redetsn�orhoods �teCityolScu � adinan� tor < 11 :, > e Qy t gl la: Yesiden l< ro1 : :.esadt:o :ma n::. :ro� t :<va1ues : ... . .: : .... : . :::: : ::::::::. ..,.., :. :.12 the City•;has detetoit.ied.<:that it is ecessary d:appropnatet©;:ad ::spg0iW d 13 r ulati ons far na n single residential ups and b ld angs that level pwi lnn 14 lent of single:faa ly resid prop es. '< r purposes of th• is• section, distances 15 shall b e easur fr a i e non- .ng;.e:fa r ident�structure to:the proper: e 16 Of•lbiSkg1.0.f..440ijkit,00400,tiolittoportv 17 18 DEVELOPMENTR EGULATIONS In a ddt ton tc the developmntrgutions 19 bhs appcaetotisd tasite plan eein thee rerentssetforth in ecton>40 20 of tlhis ordinance:'shall be required to l su€bmitted for any use or building that 21 develops within 400 feet of si a ly residential properties Ties site plan shallbe 22 re+iewed:and app ove .by the Plann g and Zoning Co0:0ssion and<the City Coun+c c and skalt meet tihe oilo t#4.00.0#4 d vnlop000t kg bolo e:fo ` >::>:: � 5t�1'lE�ar 1.. l4r�asonry R.eg� 26 Section439 e 1 (a) 27 28 2: Setbacks .All struct gyres shall mee€ tlze>heigl t/sethack.ratio as set forth in 29 Sect un;43 l O his:001) nge: 30 ::»::>lsset. o rt'1 :: 'taadar >'`erne.s ,; :;.;... . .;;1�t' :tln >> :::' �ert;;l:'i.` .:tiri: >s :... r�.... ................ .. :: :::::: 31 3:_ $pill ewer gh. : .1;:: .,,,,, ......g. .......... .............. 32 on 3>1 (a�>otlas or{ aJ:ce 33 34 4< Trash Itecept es Becy'c g l ece All trash receptacles and 35 r >:.clhn :;re.: t cles::shall ne et:the::stands;;as;set:f rth :Sect on43 c. d ie36 oft sor nan < 37 38 5 Roof Otigit Standards l s cthresshall meetthesandards ass pith i 39 $ecton43 9 e bft s r nance 40 41 641 ocar>r:on Anyapp aie hl e suctue abuttinga loca street yye, residentt i42 • tre ani �-de-sas le dn the Thoroug fare Pla shaft provid: e 43 epir>:: <:> :::;::;«fio-::<;utu�d; de ards::: uxeptrthe n :>and:::sidead :::re tre;:d: >:t ::: .l :ate :>;residential`< ro: :.,: ithin 4fl ,' but;;not;>les&•:::::.:e 44 fpr the sing a ly p (re- oat anal sloe;:*4t:a.the se reelu�re q lira zening d stnpt L.\CITYDOCS\ORD\DRAFPZONING\480-CC6.WPD Draft No.6,Dated::June12,1998 Page 0B -I I t gosigoisiiiiiiiaisiiiiiiiiox. 11606iiiiiihiNiciologoodo,064. .. . , >Q . e 4 $.: ariances Va ces to the development regulations in thi, Se on;shall U. 5 Imut tl a set for :ter Section.43t4 b of s ordtna#ce 6 7 8 SECTION 6. 9 10 Section 43.9.b, "Variances," (Corridor Overlay Zone) and Se.,tiun 42.15.a, "Variances," 11 (Bufferyard4 of Ordinance No. 480, as amended, are is hereby amended by dlcict:,,s tl.v�v scaic,,,b 12 in them eiitirdy and 1tlateti,ig the reinainiiig seL,tiu,is a.,.,urdi„6ly adding the following provision 13 thereto: 14 "Variances-At the time of review of any required Concept Plan or Site Plan, the City 15 Council may grant variances to the development regulations set forth in this Section 16 and to Sect on 35 O. l umber of f-Street Parking Spaces Required "A paring 17 space variance cart only he'at the request of the ner/Applic t and:cannot be 18 0.000 bypi the City ounc l as a part of their approval•a any Concept Plain, Site l .>:::;: : .,.:.. ' g e*erit:>o.t.p:::; et er:::me :::< he:: 'ny ounc :h t! Cie ed ::;�::: ;aa�t : ::>�a::� :::lv::: ::;�e<l�artlon>.;:;ra�':..i�:.: �:::..�. :::::�. .»:``r ::>' ::,:>:s `''kit . :;'>.::;:>c 22 23 SECTION 7. 24 25 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, 26 Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such 27 ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. 28 SECTION 8. 29 30 It is hereby declared to be the intention of the City Council that the phrases, clauses, 31 sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, 32 paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or 33 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 c L:\CITYDOCS\ORD\DRAFIVAMNC\+48O.CC6.WPD Draft No.6,Dated::Jane 12,1998 Page' 813 - B 1 would have been enacted by the City Council without the incorporation in this ordinance of any such „, unconstitutional phrase, clause, sentence, paragraph or section. 3 SECTION 9. 4 5 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply 6 with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more 7 than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation if permitted to 8 exist shall constitute a separate offense. 9 SECTION 10. 10 11 All rights and remedies of the City of Southlake are expressly saved as to any and all 12 violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting 13 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 (ye such ordinances, same shall not be affected by this ordinance but may be prosecuted until final 16 disposition by the courts. 17 SECTION 11. 18 19 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in 20 book or pamphlet form for general distribution among the public, and the operative provisions of this 21 ordinance as so published shall be admissible in evidence in all courts without further proof than the 22 production thereof. 23 SECTION 12. 24 25 The City Secretary of the City of Southlake is hereby directed to publish the proposed 26 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 L:\CITYDOCS\ORDDDRAFIlZONINGW80-CC6.WPD Draft No.6,DatedJune 12,1998 Page 8 8B- ci 1 ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its Lprovisions,then the City Secretary shall additionally publish this ordinance or its caption and penalty 3 in the official City newspaper one time within ten days after passage of this ordinance, as required by 4 Section 3.13 of the Charter of the City of Southlake. 5 SECTION 13. 6 7 This ordinance shall be in full force and effect from and after its passage and publication as 8 required by law, and it is so ordained. 9 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 10 , 1998. 11 12 13 14 MAYOR (0:50, ATTEST: 18 19 20 21 CITY SECRETARY 22 23 24 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 25 , 1998. 26 27 28 29 MAYOR 30 31 32 ATTEST: 33 34 CITY SECRETARY LACITYDOCSIORDTRAFINZONING 480-CC6.WPD Draft No.6,Dated:June 12,1998 Page 9 (me, EFFECTIVE: 4 APPROVED AS TO FORM AND LEGALITY: 5 6 7 8 CITY ATTORNEY C (me L:\CrITDOCS\ORD\DRAFT7ANINGW80-CC6.WPD Draft No.6,Datad.hme 12,1998 Page 10 City of Southlake,Texas MEMORANDUM L' June 30, 1998 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Sign Variance Appeal at Woodland Heights Addition Bootstrap Investment has requested a sign variance to allow a non-conforming monument sign to be remodeled at the southwest corner of E. Southlake Blvd. and Westwood Dr. The sign was originally constructed meeting the 15 foot setback requirement and not obstructing the sight triangle. However, the widening of Southlake Blvd. has removed approximately 15 feet from the front of the lot. The applicant also would like to turn the sign perpendicular to the roadway so that it can be seen by both eastbound and westbound traffic on Southlake Blvd. This request is to have relief from the 15 foot set back requirement. The issues are similar to the signs located on Myron Drive that Council approved several meetings ago, however at Myron Drive the signs were in compliance, but were in complete disrepair. The Council was limited in its alternatives because of the state taking right-of way and the close proximity of the building to the right-of way. Chuck Bloomberg's memo outlined the issues of the Woodland Heights sign as they pertain to the ordinance. The following highlight some issues which should be considered: • Sight is limited at the intersection, but Ms. Monahan, the owner of Bootstrap Investment, had spoken to Chuck Bloomberg and offered to take approximately 4 feet off of the north end of the sign. This would help improve the impairment to the visibility triangle, but would probably not solve the issue entirely because the utility poles create more of a sight barrier than the sign does (especially if 4 feet was taken off of that north end). I observed the stop sign at East Southlake Blvd. and Westwood Drive for a period of time and the majority of the cars exiting from the Woodland Heights area pull past the white stop sign strip in order to get a better view because the utility pole on the southwest corner and the next utility pole west of this intersection does not allow for a clear sight. • We have suspended his permit for the existing sign because it does not conform with the original sign variance request. In the original application, they requested to move the south end of the sign perpendicular to 1709 parallel to Westwood Drive. Instead, they have moved the north end of the sign perpendicular to 1709 parallel to Westwood Dr. This may have been done to protect the trees as Keith Martin has indicated that the way L Mr. Monahan moved his sign was probably the least intrusive on the existing large post oaks trees. Keith has also stated that it would not be in the best interest of the trees to move the sign anywhere inside the drip line. 10A - I Shana K. Yelverton Sign Variance Appeal June 30, 1998 Lir, Page 2 Staff offers no recommendation to this issue except that if the sign were to remain at its current location that we accept what we believe to be as an offer to remove 4 foot from the sign length. As a side note, barring any engineering issues, the sight line could be dramatically enhanced by moving the white stopping strip approximately 2 feet forward from its existing position where the majority of the vehicles are currently stopping, we could leave the stop sign at its current position. Attached are Chuck Bloomberg's memos, variance applications, sign permits, and other materials pertaining to this issue. If you have any questions please contact me or Chuck Bloomberg. BC/dmj L L lcP — t City of Southlake,Texas MEMORANDUM (111'v' DATE: June13, 1998 TO: Billy Campbell. Director of Public Safety FROM: Charles R. Bloomberg C. B. O., Plans Examiner SUBJECT: Sign Variance Appeal for Woodland Heights Addition 1721- 1725 E. Southlake Blvd. Ms. Joan Monahan of Bootstrap Investment, owner, has applied for a variance to allow a non-conforming monument sign to be remodeled at the southwest corner of E. Southlake Blvd. and Westwood Drive. The original sign did not meet the 15 feet setback requirement of section 16 B of the Sign Ordinance. The sign was originally constructed meeting the 15 foot setback requirement and the visibility triangle but the widening of Southlake Blvd. took approximately 15 feet off the north end of the lot. Also it was placed at an angle facing northeast. The intent of the revision is to turn it perpendicular to the roadway so that it can be seen either eastbound or westbound on Southlake Blvd. A permit was issued based on the original application but was suspended when it was found to be not as represented in the application. The survey submitted did not accurately show the location of the sign. Also the proposal was to turn the south end of the sign leaving the north end in place. When they went to move tie sign they decided to swing the north end instead because it would have less impact on the existing trees. "his had the side affect of moving the sign closer to Southlake Blvd. The principal reason they applied for a variance rather than move the sign back is the sign would be much less visible due to the trees and utility poles. Also they have expressed concern that further excavation could kill one or two trees. The sign variance granted on the May 19 City Council meeting for the sign at Miron Drive and E Southlake Blvd. was also for the same setback issues and due in part to the widening of Southlake Blvd. The requested variance is to section 16-B (5) , the requirement to set back 15 feet from any property line, and to section 17-D, the prohibition of signs in the sight triangle as defined in the Subdivision Ordinance. The sign complies with the standards for a monument sign except for the 15 foot setback requirement. Mr. Jerry Ringwald will be present at the council meeting to answer any questions that may arise. The Monahans will be out of town but he is familiar with the situation. Please schedule this item on the July 7, 1998 City Council meeting. CB Attachments: Application form Original sign permit application and drawings Site Plan (17xc: Paul Ward, Building Official lOA-5 • , J124h09-1958 15:09 FROM CITY OF SOUTI- A E TO 4810204 P.02 Ti,t CITY OF SOOTHLAIQS February 6, 1995 SIGN VARIANCE APPLICATION APPLICANT OWN Li f eiff°gi'- n ) NA...G: Bext S l r�to SnV es - . j-4- i C k !_ O• l(kV\CA ADDRESS: . ) E E . 4 l7,), ,C —1/ gQX a E1Q E. cst 5Outh b ke BIucl . SO--Hi la IIs 7r00CtQ, PRONE: 41 0 -CD COQ (0 ( 1-i) FAX: 4-1 Q1 'O, 0 igrr,U J ieoic y RiajGw, 4.1> The folZewinct iafermatiea a mains tothi Iocatioa for whi h the variance it b ine 1'egUeP ted: 1 NAME OF BUSINESS OR OPERATION: Ec 5 1 Y'Q p In PHYSICAL ADDRESS: l � I ►.-i # `�ac .E.ctSt SOUt'\ICI Ice ( i\\)d . LEGAL DESCRIPTION : Lot )_ Block , Subdivision U� (gild tl ek 1�-S I hereby certify that this application is complete as per the requirements of Sign Ordinance No. 506 as summarized below. I further understand that it is necessary to have a representative at the City Council meeting who is authorized to discuss this request, address any unresolved issues, and approve changes, if any. Applicant's Signature: _ _ , ' /�� C' " Pate: *********************** **********tit****************************t***44*4*44****4*4*****t For City Use Only: I hereby acknowledge receipt of the sign variance application and the appliction fee is the a;,cunt of on this the day or , 159 . Signed: Title: **********************f********************4****f*4************t*it***t*t********4*****tit The following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign Ordinance No. 506 and amendments, and other ordinances maps, and codes available at the City Hall that may pertain to this sign variance request. Completed sign variance request application. Completed demonstration of conditions applicable to the requested variance (see attached.) _ Site y plan showing the location of the sign variance request and an other Lispe si . that conform to or are exAmpr from the sign ordinance. The site plan shall also indicate the building, landscaped areas, parking & approaches and adjoining street R.O.W. Scaled and dimensioned elevations of the signs fo nice b� o is _ l the requested. For attached signs, the elevations sha sh form to sign. Cur which the varianceis roquss`P�1, and any he�u+.iyn hat or are exempt from the sign ordinance. - In! Li o., - Demonstration (how, Please demonstrate thtt the follow►inc conditio s are a p1icah?e to tha . requeglcd sign variance: 1. That a literal enforcement; of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant. t Sew' ba e,' wa-Gad a -e_ ;Litt_ ,2tof» not ciza. 940 T .1/2zez _ Ctm0C 7-ao�O��scy� . 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. `7 Le 7;01-a-tc- pt. c?. 9/2,4,ixt, L13/4.€ 3 . That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. V-i•=21-&{"-i,erre c< t d;61-7-7„be C aezzi„.. 14.2 116-e+ 1/Cke-45) 4 . That the variance will be in harmony with the spirit and purpose or the sign ordinance. a cc rn r7-10-7/ u ,341at epv,,,oe -&ez, Posmr Fax Note T67! 1111 G 1-73 Awe ' c:twFFlroaMsV Asra vast. .^ T°Ja4v Atat4 rk4N From 4 C14k co Ygf•0209 Se he pton. P►one. 1c1-5 • �` • ... SO UthN° Q APPLICATION FOR SIGN PERMIT ' City of Southlake FEg 9 DATE 2 f f f p y , BUILDING DEPt ADDRESS OF PROJECT fi=r,4-9 / 4h i71-l�223 v-t2Z5-pelf � TENANT /f/( -7 K GL�71-5 / PHONE NO. SIGN COMPANY P,4'.t• / Co v e vc tky PHONE NO. it2c{- - 3 2-1 2- ADDRESS 3?2-I llv;vP / C v4Pe / 26 / address city zip ILLUMINATED? CIED NO (circle} 641 S EIec cud 'to a"/ '^' '� accPll, ELECTRICAL CONTRACTOR Ex ;s't vty k+; PHONE TYPE OF SIGN • • Permanent Temporary Dimensions ATTACHED BANNER h 0 '1 HEIGHT POLE • BALLOON /6 �0 � WIDTH V .MONUMENT MODEL HOME SQ T•1• AREA OTHER SPECIAL PURPOSE DESCRIPTION rt.,-,ate„:„.? • fr OVERALL HEIGHT (attached, pole, monument) 4 • SETBACK(S) FROM R.O.W. )10 4_a%cf. 0 t vDwc pres� DOCUMENTS ATTACHED: .-Plot Plan ,/Sign Drawing —Letter From Property Owner Electr' ian. Registration SIGNATURE OF APPLICANT *********************************************************-*** k**** • APPLICATION APPROVED BY: • DATE: - ' — / d PERMIT FEE 4 $ 96. co COMMENTS • toA- 0 Patrick Monahan L. Bootstrap Investments P.O. Box 92562 Southlake Texas 76092 • City of Southlake Application for Sign Permit This application for a sign permit is for the purposes of remodeling an existing monument sign on the Woodland Heights office campus at 1721 E. Southlake Blvd. (see photo) We will be removing the top that has the"Allstate"logo and replacing it with brick that matches the existing colors. We are also pivoting the sign so it is perpendicular to Southlake Blvd. Woodland Heights Owners Bootstrap Investments Patrick Monahan • _ L I 0 A- 7 (hole Coventry Management Paul Coventry 3 721 Oakwood Drive Grapevine.Tx. 76051 817-905-9264 Subject: Application to remodel the Monument sign at Woodland Heights Office Park To:The City of Southlake Location: 1721. 1723 & 1725 E. Southlake Blvd. Dear Sir. We ask your permission to remodel the monument of the Woodland Heights Office Park because the neighbors living on Westwood Drive have complained to us about the bright light in their eyes as they turn the corner and Mr.Monahan does not feel that this backlit metal and plastic addition on top is consistent with the"campus"type atmosphere the property has had in the past. We propose to turn the existing monument so that it is perpendicular to Southlake Blvd.Thereby allowing both sides to be used for signage.The lighted Allstate sign will be done away with and the height of the monument will be increased to six feet with matching brick. Lighting of the monument would be furnished by the existing ground lighting with low foliage and flower beds around the base. The actual tenant logos would be on smaller panels upon which they could put their trademarks and whose size would be somewhat dictated by the percentage of space they lease.The idea is that the monument would become an amenity for all the tenants of Woodland Heights Office Park (1111mse The location of the monument would not change in relation to the right of way. It sits on fairly level ground and we feel we can move it without destroying it.This plan seems to be OK with the neighbors who want all the flashy signs to stay on the other side of Southlake Blvd. Sincerely Yours gat Paul V. Coventry L I _ Lr" $._ , 1- • _ • • : y s r i t i Ai. \��.1 e U Z s.> ' IF.:11kii"..1 ' _ 4k * :.; I- x E - 'v . • l i Ae" '''° ... '• 1 •.1 . T f • .:...-.. A j •,,, A li i . - 24_, .§ . .... .4. .:: i : . : i 1- T. ..fi .'. -- a +4' : . (.... . — N ' 3 i. C„,0"[ d . c„..., I ., r . ... ;,,' .. ..§$ e‘,...: . , • :2- , ...':.. 4.. _,..j, : : - t. ;.- . r.. 'L'f'"- ' 4:'• --.."' . -:" Y \ F cum) f F~ ' .is1i.. vaaia` !� •ems n..- .It• Li .... . . . • . 4 ;r I.. . . ....41... • .. .•..... ,... • ,. L. — / '0 '' ----- ., i - 1 r- -- ,----, I -- 1 - I -I 1 1 , ---r I 1 - I I I . .1 I I: i t . .I I 1 I 1 I I 1 I ' I I I I 1 I I I I ' I ' I 1 1 1 - I..._ .. i I I -1. I _ -1. ._ I I I I 1 1 I I I --I--I I I I L i II '- - 1 _ I I I 1 T - I I - I .. I - I 1 I I I I 1 • 1 �_!_. 1- - .. I . 1 _ i - T 1 I I -- -I I I I --- I __ I 1 - I I I ' I i.L1 I- I - - 1 _.__.._.-I .- I. ..1._-_- .. I I I .I --T--- I_ - 1 ( _C .I . 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VK po�i uc.l d4 \,/� ' / ..� N Z•OS ,9/S In Ge \ \�v , CD -+ �' � a3 c 0 G / —co i71 ~ca g) a c N w 7 °' N 9" ; N z'OS d II CY % CO w\ViJfeioo' S i ' Z Z , . $ r fO CA 6 1 N N Ot o$"° - 0 Z/ o\ o� cc \\n• r' `Pots.-5-6 go I 2 3- c° N sc.0-a' r u d 11 1 N �� v 0 (1.,.., c 1 -- •1 J4 II • GI s1 6uiP16 6-P9lN. • • i. ^43 .60.CZ.00 - = 1 V31)1^1 —Igr4HI, l 3.rl .O 017 l ^,3 „ Z.f'.62N = Sd31 \, 3u.w �� t' s Pa u0.I1 . ?- � . .M O. J t 02 L .z/L puna4 6OL L. AVMHOIH ' W '.I a edn3l n o e 3 >1Y1 HIn o s 1sV3 • 5ZL 1. V 42ZL 1. ` LZL L ck- (Nt (...„( ,c. ( -4- _5.:74) .c5y s el, r • City of Southiake Dut y - June 12, 1997 Mayor. Rick Stacy Bootstrap Investments Mayor Pro Tem: P. O. Box 92562 W.Ralph Evans Southlake TX. 76092 Deputy Mayor Pro Tem: Scott F.Martin Councilmembers: Wayne Moffat Subject: Monument Sign at Woodland Heights Offices. Ronnie Kendall Debra Edmondson Gary Fawks City Manager.Curtis E.Hawk Dear Mr. And Mrs. Monahan: Assistant City Manager: Shana K.Yelverton Ler. We issued permit No. P98-24179 to remodel the existing sign at the corner of ecretary: Westwood Drive and E. Southlake Blvd. on February 11, 1998. As we L.LeGrand discussed by telephone.last week you had a contractor begin work on the sign. After having it called to my attention, I went out to the site last Friday, June 5, and examined the location and discovered two aspects in which the work done was not according to the permit. The survey submitted did not reflect the proper location of the existing sign before work began. In fact the existing sign was legal nonconforming because it did not meet the 15 ft. setback requirement. Further on the permit it was indicated the sign would be rotated in place and not moved closer to Southlake Blvd. When the sign was rotated to be made square with the street the north end wound up closer. Due to these changes it is our ruling the sign must meet the ordinance requirements of the 15 ft. setback and the visibility triangle. Therefore according to section 7 of the sign ordinance I hereby suspend your permit until you take the necessary corrective action. You have ten days to move or remove the sign according to the ordinance or to appeal this order as provided by ordinance. L 67 N. Carroll Ave. • Southlake,Texas 76092 I OA A -13 (817)481-5581 • FAX(817)488-5097 Please contact this office if you have further questions or we can otherwise help you. Sincerely, Paul Ward C. B. O. Building Official CB cc: Billy Campbell,Director of Public Safety L L I0A 'It City of Southlake,Texas (ire MEMORANDUM I July 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Reconsideration of an agreement for Administrative Services between the City of Southlake and the Southlake Crime Control and Prevention District This item has been placed on the agenda at the request of Andrew Wambsganss, President of the Board of the Southlake Crime Control and Prevention District. You may recall that this agreement was approved by the Board in April and subsequently forwarded to the City Council for consideration. During Council's review of the agreement, Councilmember Harris strongly encouraged the Council to modify the indemnification language to reflect his preference that the Council cover its own negligence and the Board cover its own negligence. The Council agreed and approved the agreement with the language modification. (61., President Wambsganss has some philosophical andpractical concerns about the new language. g P P gage He plans to be present at the worksession on Tuesday to discuss these with Council and to request reconsideration of the agreement approved by the Board. A copy of the agreement as approved by the Southlake Crime Control and Prevention District is attached for your convenience. Please place this item on the agenda for the July 7, 1998 City Council meeting. S Y FPR-92-1998 13:46 LAW FIRM 817 332 4748 P.82138 AGREEMENT FOR ADMINISTRATIVE SERVICES THIS AGREEMENT is entered into as of the day of ,1998,by and between Southlake Crime Control and Prevention District(hereinafter referred to as the"District")and the City of Southlake,Texas(hereinafter referred to as the"City"). WITNESSETH WHEREAS, the voters of the City of Southlake favorably elected to create a Southlake Crime Control and Prevention District on November 4, 1997; WHEREAS,pursuant to the Texas Crime Control and Prevention District Act,Chapter 363 of the Texas Local Government Code, (hereinafter referred to as the"Act"),two-year crime control and budget plans were prepared and properly adopted by both the District and the City. WHEREAS,the aforementioned crime control and budget plans call for funds to be allocated to the City for programs authorized by Section 363.151 of the Act; and WHEREAS, Texas Local Government Code sections 363.106 and 363.158 of the Act grant the District authority to enter into service contracts with municipal governments such as the City. (10/ NOW,THEREFORE,for and in consideration of the mutual covenants contained herein,the parties agree as follows: I. CITY OBLIGATIONS The City shall: A. Provide the District with administrative services as follows: 1. Day-to-day management of District business affairs 2. Budgetary accounting in accord with -generally accepted accounting principles and the District's adopted and/or amended budget 3. Purchasing services 4. Investment of funds,management of depository contract 5. Monthly financial reporting 6. Drafting of annual budgets and budget amendments for District Board consideration 7. Annual audit preparation 8. Agenda preparation 9. Preparation of notices of public meetings 10. Recording of District Board meeting minutes 14;\LLDRARriscumlake\AGREEMEN\ALLOCATE.002.WPD P'g`t /o e a • AFR-82-19% 13:46 LAW FIRM 817 332 4740 P.e3.100 11. Coordinate land acquisition as directed by the Board and City Council for facilities 12. Manage design and construction of District projects 13. Manage upkeep,maint canoe and operation of facilities 14. Preparation of applications seeking outcifie or non-District resources 15. Development and dignemination of informational materials 16. Preparation of monthly program performance reports 17. Preparation of an annual evaluation of all District programs 18. Other similar and related tasks and services. B. In connection with programs that are funded by the District,the procedures set forth in Exhibit"A",attached hereto and incorporated herein will apply. C. Render the aforementioned services pursuant to all applicable local,state,and federal laws,rules and regulations including,but not limited to,the Texas Crime Control and Prevention District Act,Chapter 363 of the Texas Local Government Code,the Open Meetings Act, Chapter 551, Texas Government Code, the Texas Local Government Cod;and Article 836 and 837,Vernon's Texas Civil Statutes,and the Public Funds Investment Act,Chapter 2256,Texas Government Code). Nothing herein shall authorize the City to execute a contract on behalf of the District, or to expend funds except as specifically authorized herein Le II. DISTRICT OBLIGATIONS The District shall: A. Transfer sales tax funds to the City in an amount: 1. Equal to the pay,benefits(FICA,group insurance,retirement,etc.),uniform and equipment costs of two (2) full-time sworn police officers assigned as school resource officers. [This amount shall be paid each year of this Agreement in equal quarterly installments. The overall payment for these services over a twelve (12) month period shall not exceed the amount provided in the District's approved and/or amended budget,less any grant or other non-District funds which are otherwise designated for the same purpose. The parties agree that they contemplate that the school resource officer program will be for a period of three (3) years, and that the District contemplates funding the program for this period of time.];and 2. Land acquisition and capital expenditures for programs approved by the Board. B. Pay the first payment due herein upon receipt of the first remittance from the State of Texas, and this payment shall include all payments accrued up to that date. H:\UBRARYN.SoutnWcc:AGREEMEN'ALLOCATE.002.WPO Page 2 /De -3 • • i 02-1998 13:46 LAW =If'1 91? 332 474e P.844,3 L C. Comply with all applicable local, state, and federal laws, rules and regulations including,but not limited to,the Texas Crime Control and Prevention District Act, Chapter 363 of the Texas Local Government Code,the Open Meetings Act,Chapter 551,Texas Government Code,the Texas Local Government Code,and Article 836 and 837,Vernon's Texas Civil Statutes. IIL GENERAL CONDMONS A. The City and its employees,subcontractors,and agents shall comply with all federal, state, and local laws,orcfmances, and regulations applicable to the performance of this Agreement, including, but not limited to, equal employment opportunity, tax laws, social security laws, unemployment compensation laws, and workers' compensation laws. • B. The City and the District expressly agree and acknowledge that the persons providing services under Section 1 of this Agreement shall be employees of the City,and in no circumstances shall they be construed as employees of the District for any purpose. The City has been and will be free from any control or direction by the District over the performance of services covered by this Agreement. This shall not apply to the City's Director of Finance,who,pursuant to Tex.Local Gov't Code sec. 363.103(a) (haw shall serve as treasurer for the District, to the extent of the Director's duties as treasurer for the District. C. The City and the District expressly recognize and covenant that any Sales Tax proceeds transferred to the City by the District may only be expended: 1)to construct projects, 2) to reimburse the City for the construction costs relating to any such projects, or 3) to pay or reimburse the City for any costs incurred by the City in accordance with the Act or applicable law. D. The District may,upon reasonable notice to the City, examine and copy the books and records of the City relative to all matters covered in this Agreement. Any claims arising from such examinations shall be submitted by the District to the City for immediate settlement. The City and its contractors, subcontractors, or employees shall maintain all books,documents,papers,accounting records,and other evidence pertaining to costs incurred relative to this Agreement and shall make such materials available at its respective officers at all reasonable times during the contract period and for three years from the date of the final payment under this Agreement. Copies of referenced materials shall be furnished upon request. E. THE CITY SHALL INDEMNIFY AND HOLD HARMLESS THE DISTRICT AGAINST ANY AND ALL CLAIMS,DEMANDS,SUITS,,TUDGMENTS,OR SUMS OF MONEY TO ANY PART ACCRUING AGAINST THE DISTRICT FOR LOSS OF LIFE,LOSS OF BUSINESS,INJURIES,OR ANY TYPE OF ti:\LI!MARY\SouUilake`Ad TB.002.wPD Page 3 / e- y • • -1998 13:47 LAW FIRM 817 332 4748 Parvie DAMAGE TO PERSONS OR PROPERTY GROWING OUT OF OR RESULTING FROM, OR BY REASON OF, ANY NEGLIGENT ACT OR OMISSION OF THE OPERATION OF THE CITY, ITS AGENTS, OR EMPLOYEES WHILE ENGAGED IN OR IN CONNECTION WITH THE DISCHARGE OF THE PERFORMANCE OF THE SERVICES TO BE DONE OR PERFORMED HEREUNDER, WHETHER OR NOT THE ACT OR OMISSION RESULTS FROM THE NEGLIGENCE OF DISTRICT OR ITS OFFICERS AND SHALL ALSO HOLD THE DISTRICT HARMLESS FROM ANY AND ALL CLAIMS OR LIENS FOR LABOR, SERVICES, OR MATERIALS FURNISHED TO THE CITY IN CONNECTION WITH THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT. F. The City shall not assign any interest in this Agreement and shall not transfer any interest in the same without the proper written consent of the District. G. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors,and assigns. H. Unless otherwise provided herein, any notice, communication, request, reply or advice (herein severally and collectively, for convenience called"Notice')herein provided or permitted to be given,made or accepted by any party to any other party must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to (or' be notified,with return receipt requested,or by delivering the same to an officer of such party, or by prepaid telegram when appropriate, addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective,unless otherwise stated herein,from and after the expiration of three days after it is so deposited. Notice g ven in any other manner shall be effective only if and when received by the party to be notified. For the purposes ofnotice,the address of the parties hereto shall,until changed as hereinafter provided,be as follows: If to the City, to: City of Southlake Attn: City Manager 1725 E. Southlake Blvd. Southlake, Texas 76092 If to District,to: Southlake Crime Control &Prevention District Attn:President 1725 E. Southlake Blvd. Southlake,Texas 76092 IIALIBRAftrZouttgaW CRettr1E ALLOCATE.002.WPD Page4 . -1993 13:47 LAW FIRM 817 332 4740 P.er/e (kamme The parties hereto shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify as its address any other address by at least ten(10)days' written notice to the other party hereto. I. The City and the District covenant that they will faithfully perform at all times any and all covenants, undertakings, stipin12tion_s, and provisions contained in this agreement. The City and the District covenant that they are duly authorized under the laws of the State of Texas to execute and deliver this Agreement,that all actions on their part as provided herein and the execution and delivery of this Agreement have been duly and effectively taken according to the import thereof as provided in this Agreement 1. In the event that either party shall be entirely prevented from completing performance of its obligations hereunder by an act of God or any other occurrence whatsoever which is beyond the control of such party, then such party shall be excused from any further perfommanee of its obligations and undertakings hereimder. In the event the performance of either party of any obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto,whether such occurrence be an act of God or the common enemy or the result of war,riot,civil commotion,sovereign conduct,or the act or conduct of any person or persons not party or privy hereto,then the party shall • be excused from such period of time as is reasonably necessary after such occurrence to remedy the effects thereof. coe K. This Agreement contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertaining to such subject matter. L. The recitals contained in the preamble hereof are hereby bound to be true,and such recitals are hereby made a part of this agreement for all purposes and are adopted as a part of the judgment and findings of the City Council and the Board of Directors of the District. M. If any provision of this Agreement or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Agreement and the application of such provisions to other persons and circumstances shall nevertheless be valid,and the District and the City hereby declare that this Agreement would have been enacted without such invalid provision. Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Agreement and all the terms and provisions hereof shall be constructed to effectuate the purposes set forth herein and to sustain the validity of this Agreement. O. The term of this Agreement shall be eighteen(18)months,beginning April 1, 1998 HalBRARYNSouthlake\AOREF.MEMALLOCATE.002.WPD Pap S / 7e- 7 . 82-199B 13:48 LAI FIRM 817 332 4748 P.117418 . and ending September 30,1999. Thereafter,the Agreement will renew automatically for successive one year terms,unless either party gives sixty(60)days written notice of intent to terminate. P. This Agreement maybe amended upon mutual consent of the parties,which must be approved by the governing bodies of both parties. IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed by their respective officers thereunto duly authorized as of the day and year first written above. ATTEST: ' THE CTTY OF SOUTH LAKE: Sandra L.LeGrand Curtis E.Hawk City Secretary City Manager ATTEST: THE SOVTSLAKE CRIME CONTROL AND PREVENTION DISTRICT Secretary ' Andy Wambegamss (or President s L HAL.IHRARY`SoutbIske1AGREEMEIIALLOCATE002.WPD Page 6 -r I D V 7 - EXHIBIT A (ii.„, Operating Protocol for Crime Control District Projects April 1998 • Document Staff DRC CCD Board P&Z City+Council CCD Budget Prepare Consider Consider Staff Employment Consider - X - Inform1-- Inform= . r - , Grant Applications Prepare h _ Consider 4 - Inform „ t- Equipment Purchases Per Recommendilt Consider for 4 rT Consider State Statute '` funding Site Identification Recommend r r •- Consider for -. r Consider :3,. - .. funding ''` Contract(Land) Recommend ` t.. ' Consider for gt` Consider k^ funding Closing (Land) .. Inform f _ 1 Mayor Contract(Professional Recommend =' Consider for Consider Services) - funding Program Development Prepare with Consider for ..Y_,r Consider Funding Evaluation Consultant .+y funding z " Zoning Change/Concept Prepare w/ Review Inform Consider w/ Two Rdngs. Plan— COS Process Consultant P. Hearing 1-Consider 2-P. Hearing Site Plan Approval* Prepare w/ Review Inform Consider w/ Consider Consultant P. Hearing One Rdng. Preliminary Plat** Prepare w/ Review Inform Consider w/ Consider Consultant P. Hearing Final Plat** Prepare w/ Review Inform -Consider Consultant Plat Revisions** Prepare w/ Review Inform Consider w/ Consider w/ Consultant P. Hearing P. Hearing Authorization to Bid Prepare Consider for ' Consider (Construction) funding -, sr Construction Budget Recommend Consider for Consider Priorities funding Award of Contract/Bid Prepare -=- --4 Consider for R 1..„,- Consider funding 1:,--441 gi Change Orders per State Prepare Consider for ,. Consider Statute Recommend funding (liar *This process only for corridor impacted sites. Sites not on the corridor would be processed by staff. **Platting requirements will vary by site. /D e 8 - City of Southlake,Texas MEMORANDUM July 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize Mayor to Enter into an Advance Funding Agreement for Standard Highway Projects (On-Systems) with TxDOT and a Professional Services Agreement with LAN Engineering for the Redesign of S.H. 114, from Kirkwood Blvd. to 0.6 Miles South of Dove Rd. Background In the late 1980's, S.H. 114 from Kirkwood Blvd. to 0.6 miles south of Dove Rd. was designed by LAN Engineers to enable Maguire Thomas Partners/International Business Machines (MTP/IBM) to build Kirkwood Blvd. to TxDOT standards. MTP/IBM paid for the engineering design. Since then, TxDOT has changed the ramp alignments to Dove Rd. and (kw, other minor adjustments which caused the remaining project for the improvements to S.H. 114 to need to be re-engineered. TxDOT Fort Worth District has been working with LAN to acquire their professional service for revising the plans. Apparently, TxDOT-Austin (TxDOT's state headquarters) has ruled that TxDOT-Fort Worth District can not enter into an agreement with LAN without going through the TxDOT procurement process which may take upwards of six months. Thus, TxDOT-Fort Worth District has asked that the City of Southlake hire LAN to revise the S.H. 114 plans. Discussion In order to complete this project in a more timely manner versus the delay of approximately six month, TxDOT is suggesting that the City of Southlake enter into an Advance Funding Agreement with TxDOT which would allow TxDOT to pay Southlake for the total cost of the professional service contract. The City would pay the monthly fee to the engineering firm then be reimbursed in thirty days by TxDOT. TxDOT has arrived at an agreement with LAN, a draft of which will be available at the upcoming City Council Meeting. The agreement will be a "cost plus fixed fee" at an amount not to exceed $306,193. LAN will work directly with TxDOT; therefore, the only City involvement will be to process the monthly disbursement to LAN and to invoice TxDOT. L 10D-1 • MEMORANDUM CURTIS E. HAWK S.H. 114 REDESIGN LJULY 2, 1998 PAGE 2 OF 2 Recommendation Staff recommends that the City Council authorize Mayor to enter into two agreements, 1) an Advance Funding Agreement for Standard Highway Projects (On-Systems) with TxDOT and 2) a Professional Services Agreement with LAN Engineering for the redesign of S.H. 114, from Kirkwood Blvd. to 0.6 miles south of Dove Rd. subject to the city attorney's review. Please place this item on the Regular City Council Agenda for July 7, 1998 for City Council review and consideration. BW/ls Attachment: Advance Funding Agreement M:\WD-FILES\STREETS\SH I14\LAN-design i.doc L (re 10D-2 Ar Texas Department of Transportation p p P.O. BOX 6868•FORT WORTH, TEXAS 76115-0868•(817) 370-6500 June 29, 1998 Mr. Curtis Hawk, City Manager City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 SUBJECT: Advance Funding Agreement CSJ: 0353-03-052 SH 114, From: Kirkwood Blvd. To: 0.6 miles South of Dove Road Tarrant County Dear Mr. Hawk: (himeAttached are two originals of the Advance Funding Agreement between the City of Southlake and the State for the above project. This agreement, when executed, will allow the City to enter into a contract with a consultant to modify the plans for the project and receive reimbursement from the State for its costs. Once the agreement is executed, please return both originals to the Fort Worth District for final execution. If you have any questions, please contact Randy Burkett at 370-6804. Sincerely, Rondell G. Fagan Director of Transportation Planning and Development cc: Ron Newman 10a3 An Equal Opportunity Employer Agreement No. 02-353-3-52 County: Tarrant CSJ: 0353-03-052 Project Number: NH ( ) M ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY PROJECTS (ON-SYSTEM) • THE STATE OF TEXAS § THE COUNTY OF TRAVIS § THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Southlake, acting by and through its City Council, hereinafter called the Outside Entity. WITNESSETH WHEREAS, Transportation Code §201 et.seq. and Transportation Code §221.001 authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, 4.HEREAS, Commission Minute Order Number 107237 authorizes the State to undertake and complete a highway improvement generally described as the SH 114. From: Kirkwood Blvd. to 0.6 miles South of Dove Road; and, WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said improvement by performing that portion of the improvement described as the preparation of plans. specifications, and estimate (PS&E) for SH 114. From: Kirkwood Blvd. to 0.6 miles South of Dove Road herein after called the 'Project"; and, WHEREAS, the State has requested the Outside Entity to hire a consultant to prepare PS&E in order for State to reimburse the Outside Entity; and WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the .cside Entity do agree as follows: Page 1 of 4 10D-4 • AGREEMENT �.ticle 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Outside Entity will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding The State will authorize payment for the performance of only those Project items of work which the State has requested and agreed to pay for as described in Payment Provision and Work Responsibilities, Attachment A, which is attached to and made a part of this contract. In addition to identifying those items of work paid for by the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the State and will be carried out and completed by the State, at no cost to the Outside Entity. Article 3. Termination This agreement may be terminated in the following manner: ♦ mutual written agreement and consent of both parties. ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein. \.— ♦ by the State if it determines that performance of the Project is not in the best interests of the State. If the contract is terminated in accordance with the above provisions, the State will be responsible for the payment of Project costs incurred by the Outside Entity on behalf of the State up to the time of termination. Article 4. Right of Access The State will acquire or provide all R.O.W. at no cost to the Outside Entity. The State will provide for all necessary right-of-way adjustments needed for performance of the work. Article 5. Responsibilities of the Parties The Outside Entity is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. Article 6. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the local Outside Entity and the State, the latest agreement shall take precedence over the other ?reements in matters related to the Project. Page 2 of 4 1 0D-5 • ticle 7. Successors and Assigns The State and the Outside Entity each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 8. Amendments By mutual written consent of the parties, this contract may be amended prior to the expiration of this contract. Article 9. Interest The State will not pay interest on funds provided by the Outside Entity. Funds provided by the Outside Entity will be deposited into, and retained in, the State Treasury. Article 10. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will have oversight and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications. All correspondence and tructions to the engineer performing the work will be sole responsibility of the State. Unless otherwise eecifically stated in Attachment A to this contract, all work will be performed in accordance with the "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 11. Increased Costs In the event it is determined that the funding provided by the State will be insufficient to cover the Outside Entity's cost for performance of the State's requested work, the State will pay to the Outside Entity the additional funding necessary to cover the anticipated additional cost. The Outside Entity shall send the State a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The State shall pay the funds to the Outside Entity within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the State cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 3 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Outside Entity. Article 12. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf `the entity they represent. Page 3 of 4 10D-6 WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate Slow.interparts to effectuate this agreement. THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. By Date District Engineer THE OUTSIDE ENTITY Name of the Outside Entity By Date Typed or Printed Name and Title For the purpose of this agreement, the addresses of record for each party shall be: the Outside Entity: For the Texas Department of Transportation: Mr. Curtis Hawk, City Manager Mr. Steven E. Simmons, P.E., District Engineer City of Southlake Texas Department of Transportation 667 N. Carroll Ave. P.O. Box 6868 Southlake, Texas 76092 Fort Worth, Texas 76115-0868 Page 4 of 4 10D-7 Attachment A Payment Provisions and Work Responsibilities Description of the Cost of the Items of Work The State shall be responsible for the construction of SH 114, from Kirkwood Blvd. to 0.6 miles South of Dove Road. The Outside Entity will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications, and estimates (PS&E). The PS&E shall be developed by the Outside Entity or its consultant in accordance with the State's latest Standard Specifications For Construction of Highways, Streets and Bridges or its currently approved revisions. The contract between the Outside Entity and the consultant will be a cost plus fixed fee type of contract. The State shall review and approve the contract prior to . execution by the Outside Entity and the consultant. The State shall approve any contract modifications between the Outside Entity and the consultant that change the cost of the contract; change the character, scope, complexity or duration of the work; or significantly change the conditions under which the work is required to be performed. The Outside Entity shall submit the completed PS&E to the State for review and approval. Should the State determine that revisions are required to the PS&E, the Outside Entity shall make the necessary revisions. The State will not let the construction contract until the PS&E has been approved by the State. The Outside Entity will submit to the State all documentation relating to actual. costs incurred associated with the development of the preliminary engineering and the PS&E. Reasonable costs incurred by the Outside Entity after the Outside Entity has received written authorization by the State will be eligible for reimbursement at an amount not to exceed $306,193.00 of the actual cost. The Outside Entity shall comply with the cost principles established in OMB Circular A-87, "Cost Principle for State and Local Governments". The Schedule of Payments The Outside Entity shall make payment to their consultant based upon the consultant's authorized cost of performing the required work. Each request for payment by the consultant shall be made by submitting one original and one copy toms of an itemized and certified State's Form 132, Billing Statement. The Billing `.�.. Statement shall be submitted monthly to the State for reimbursement. The Outside Entity shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, or their duly authorized representatives for review and inspection at its office during the agreement period and for four (4) years from the date of completion of work defined under this agreement or until impending litigation is resolved. 10D-8 (kw STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT FOR ENGINEERING SERVICES is made by and between the City of Southlake acting by and through it's City Council, 667 N. Carroll Avenue, Southlake Texas 76092, hereinafter called "City," and Lockwood, Andrews & Newnam, Inc., having its principal business address at 3141 Hood Street, Suite 700, Dallas, Texas 75219, hereinafter called "Engineer" for the purpose of contracting for engineering services. WITNESSETH WHEREAS, the City desires to contract for engineering services described as follows: modify a previously completed P.S.&E package for S.H. 114 From: Kirkwood Blvd., To: 0.6 Miles South of Dove Road, to reflect the change in center line alignment on the East end of the project, and the addition of two lanes to eastbound and westbound lanes. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this contract. ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this engineering contract. The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule (if applicable), attached hereto and made a part of this contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. Page 1of13 9/97 IDD - ID k. ...;.:..,.;... _ ARTICLE 3 CONTRACT PERIOD After execution of this contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This contract shall terminate at the close of business on August 31, 1999 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this contract. ARTICLE 4 COMPENSATION The maximum amount payable under this contract without modification is kise $306,193.00. All payments shall be made on the basis of authorized cost plus fixed fee in accordance with the Fee Schedule attached hereto as Attachment D. The authorized costs that are reimbursable are those costs attributable to the specific work authorized herein and allowable under the provisions of 48 C.F.R. Part 31, Federal Acquisition Regulation (FAR 31). Invoicing shall be prepared based on authorized salaries paid and hours worked for the employees involved on the project. Provisional overhead rates of 47.32% for payroll additives and 116.13 % for general and administrative overhead shall be used. The sum of these two percentages (163.45%) shall apply for computing partial payment of monies due and shall be adjusted to rates respective of authorized overhead costs of the Engineer for the fiscal years during which work is accomplished. A fixed fee of$23,941.00 shall be invoiced in proportion to authorized costs paid as the work progresses, but not to exceed the total maximum amount. Any portion of the fixed fee not previously paid in the partial payments shall be included in the fmal payment. ARTICLE 5 METHOD OF PAYMENT The City shall make payment to the Engineer based upon the Engineer's authorized cost of performing the required work. Each request for payment shall be made by submitting one original and one copy of an itemized and certified billing statement. The City shall reserve the Page 2 of 1133 9/97 I O L 1 r I right to withhold payment pending verification of satisfactory work performed. Each invoice Loyshall be supported by separate documentation to specify the individual charge in accordance with the rates and hours specified in Attachment D. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within 30 days. The itemized and certified billing statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The Engineer shall not proceed with any work identified under this contract until authorized in writing to proceed. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will materially affect the ability to attain contract objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. Page 3 of 13 9/97 ARTICLE 8 (16.e SUSPENSION Should the City desire to suspend the work, but not terminate the.contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the contract will terminate on the date specified unless the contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes extra work, it shall promptly notify the City in writing. In the event the City fmds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this contract or as amended. ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. L Page 4 of 13 9/97 IOD ARTICLE 11 Lir SUPPLEMENTAL AGREEMENTS The terms of this contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is distinctly understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 PUBLIC INFORMATION ACT All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all Le, documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this contract. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information will be in accordance with the Public Information Act. ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Engineer-shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 BUY TEXAS The Engineer shall buy Texas products and materials for use in providing the services Page 5of13 9197 authorized in this contract when said products and materials are available at a comparable price Le and in a comparable period of time. When requested by the City, the Engineer shall furnish documentation of said purchases or a description of good faith efforts to do so. ARTICLE 15 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this contract without prior written approval from the City. All subcontracts shall include the provisions required in this contract and shall be approved as to form, in writing, by the city prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this contract. ARTICLE 16 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City in the performance of their duties. ARTICLE 17 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. • ARTICLE 18 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by the Engineer shall be grounds for termination of the contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 19 TERMINATION L. The contract may be terminated before the stated termination date by any of the following conditions. Page 6 of 13 9/97 \ D s (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the City terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this contract or if the City terminates this L contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work performed at the time of default. The termination of this contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and the Engineer under this contract, except the obligations set forth in Articles 12, 16, 20, 21, 22, 28, 33, 35 and 37 of this contract. If the termination of this contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. ARTICLE 20 COMPLIANCE WITH LAWS The Engineer shall comply with all applicable Federal, State and local laws, statutes, L codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this contract, including, without limitation, worker's compensation laws, minimum and maximum salary and Page 7 of 13 9/97 wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 21 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 22 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and/or omissions will be determined by the City and all decisions shall be in accordance with the State's "Errors or Omissions Policy" in accordance with 43 TAC §9.38(e). The if Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 23 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. ARTICLE 24 NONCOLLUSION The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Page 8 of 13 9/97 ARTICLE 25 (lise INSURANCE The Engineer shall furnish the City a properly completed Certificate of Insurance (Texas Department of Transportation form 20.102 or form 1560) approved by the City prior to beginning work under this contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 26 GRATUITIES The City of Southlake's Ordinance No. 635, Code of Ethics and Conduct, mandates that employees of the City shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the City under this contract. The only exceptions allowed are outlined under Section 3, Standards of Conduct. ARTICLE 27 DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED BUSINESS REQUIREMENT The Engineer agrees to comply with the requirements set forth under the attached Attachment H - Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements with an assigned goal or with a zero goal, and as determined by the funding source. ARTICLE 28 RETENTION, AVAILABILITY OF RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 29 PAYMENT OF FRANCHISE TAX Pursuant to the Business Corporation Act, Texas Civil Statutes, Article 2.45 which L. prohibit the City from awarding a contract to a corporation that is delinquent in paying taxes under Tax Code, Chapter 171, the Engineer hereby certifies that it is not delinquent in its Texas franchise tax payments, or that it is exempt from, or not subject to, such a tax. A false Page 9 of 13 9/97 ._.,. ,y:-.�=.... _,._ ::rcUraA@e�'+Gw.:.:,.. ...r* .•�'S'asscgiet>:=:��4r- ,. 9 = statement concerning corporation's franchise tax status shall constitute grounds for termination of the contract at the sole option of the City. ARTICLE 30 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. ARTICLE 31 LOBBYING CERTIFICATION The Engineer shall comply with "Lobbying Certification\Disclosure Form" in federal aid contracts in excess of $100,000 or subcontracts in excess of $100,000, identified and attached hereto as Attachment I. ARTICLE 32 CIVIL RIGHTS COMPLIANCE The Engineer shall comply with the regulations of the Department of Transportation, 49 C.F.R. Part 21 and 23 C.F.R. §710.405(b), as they relate to nondiscrimination; also, Executive Order 11246 titled Equal Employment Opportunity as amended by Executive Order (060., 11375 and as supplemented in Department of Labor Regulation, 41 C.F.R. Part 60. See Civil Rights Compliance," attached hereto and identified as Attachment J. ARTICLE 33 PATENT RIGHTS AND COPYRIGHTS The Engineer shall comply with the patent rights procedures as specified in 37 C.F.R. Part 401 et seq., with respect to processes and inventions developed during the course of this contract. ARTICLE 34 PROPERTY MANAGEMENT AND PROCUREMENT STANDARDS The Engineer agrees to comply with the property management standards specified in OMB Circular A-102 and 49 C.F.R. §18.36, in its control, use and disposition of property and equipment governed by those standards. The Engineer agrees to comply with the procurement standards specified in OMB Circular A-102 and 49 C.F.R. §18.32, in its procurement of property and equipment governed by those standards. L Page 10 of 13 9/97 IDD - Iq • ARTICLE 35 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision "Computer Graphics Files for Document and Information Exchange," if determined by the City to be applicable to this contract and if so stated in Attachment B and attached hereto. ARTICLE 36 CHILD SUPPORT STATEMENT Under Section 231.006 of the Family Code, the Engineer certifies that the individuals or business entity named in this contract is eligible to receive the specified grant or payment and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. The Engineer further acknowledges that he or she has read Attachment K and has provided the names and social security numbers required therein. ARTICLE 37 DISPUTES The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurement made by the Engineer in support of this contract's work. Any disputes concerning the work hereunder or additional costs, or any non- Lprocurement issues shall be settled in accordance with Title 43, Texas Administrative Code, §9.2. ARTICLE 38 SUCCESSORS AND ASSIGNS The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this contract. The Engineer shall not assign, subcontract or transfer its interest in this contract without the prior written consent of the City. ARTICLE 39 SEVERABILITY In the event any one or more of the provisions contained in this contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. L Page 11 of 13 9/97 io9 -ao ARTICLE 40 (hoe PRIOR CONTRACT SUPERSEDED This contract constitutes the sole agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. ARTICLE 41 NOTICES All notices to either party by the other required under this contract shall be personally delivered or mailed to such party at the following respective address: CITY ENGINEER Mr. Curtis Hawk, City Manager Mr. Victor M. Zepeda, P.E. City of Southlake Lockwood, Andrews & Newnam, Inc. 667 N. Carroll Ave. 3141 Hood Street, Suite 700 Southlake, Texas 76092 Dallas, Texas 75219 ARTICLE 42 SIGNATORY WARRANTY (kr' The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this contract and that he or she has full and complete authority to enter into this contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing the City to enter into this contract. THIS AREA LEFT BLANK. Lave Page 12 of 13 9/97 IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. LOCKWOOD, ANDREWS & CITY OF SOUTHLAKE NEWNAM, INC. ENGINEER By: By: Signature Signature Printed Name Printed Name Title Title Date Date Attest LIST OF ATTACHMENTS Attachment A - Services to be Provided by the State Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, NOT APPLICABLE Attachment F - Supplemental Work Authorizations, NOT APPLICABLE Attachment G - Certificate of Insurance, if applicable Attachment H - Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements, NOT APPLICABLE Attachment I - Lobbying Certification/Disclosure Form, NOT APPLICABLE Attachment J - Civil Rights Compliance Attachment K - Child Support Statement L Page 13 of 13 9/97 ATTACHMENT "A" SERVICES TO BE PROVIDED BY THE CITY FOR STATE HIGHWAY 114 FROM: KIRKWOOD BLVD. TO: 0.6 MILES SOUTH OF DOVE ROAD The City will provide the Engineer the following: 1.) Data that the City and/or TxDOT (for example environmental documents, public hearing, etc.)has on file concerning the project,if available. 2.) Available interface data for any project adjacent to this project including as built plans. L L 1 ATTACHMENT "B" SERVICES TO BE PROVIDED BY THE ENGINEER FOR STATE HIGHWAY 114 FROM: KQRKWOOD BLVD. TO: 0.6 MILES SOUTH OF DOVE ROAD The scope of work and engineering services to be provided involves the design and preparation of one (1) set of plans and specifications, and determination of estimated quantities and construction costs for SH 114, for the above limits. The Engineer shall modify a previously complete PS&E package to reflect the change in center line alignment on the East end of the project and the addition of two lanes to eastbound and westbound lanes. The Engineer shall furnish to the State a recommended typical section of the bridges and roadway, and pavement design for the project before proceeding with any detailed design work. Engineer will obtain necessary soil boring and geotechnical data to design the bridges and retaining walls. The project will be developed in english units. Cross Section will be developed at a english scale of 1"=100' horizontally and 1"=100' vertically. The Engineer will employ a computer graphics system that will provide Microstation format graphic files on archive media with the current P.C. technology. The project elements may include grading, paving, related appurtenances, culverts, retaining walls, pavement markings, signing, and traffic control plans, etc., as necessary to complete construction. The engineering services will include field surveys for the establishment of a horizontal base line and benchmark circuit for the project, horizontal and vertical ties of critical existing facilities and features, including all features influencing existing streets and driveways, and of the existing and/or proposed right-of-way line. The Engineer shall prepare the hydraulic data for the design of the bridges. The Engineer shall prepare the bridge layouts (see checklist to be provided by Area Engineer's office) for District's review and District's submission to Austin Design Division. Upon Design Division's approval, the Engineer shall proceed with completion of the bridge's design. The Engineer shall furnish a preliminary estimate, general notes and specifications for TxDOT's (1110..„, use in placing general notes and special provisions on plan sheets. The Engineer will prepare a detailed contract time estimate work sheet to determine the approximate time (working days), based on the TxDOT standard definition of a working day, 1 required for construction of the contract for which the Engineer is providing complete engineering services. The Engineer shall prepare a scour analysis as follows: The bridge sites are to be carefully inspected in accordance with the Texas Department of Transportation publication entitled TEXAS SECONDARY EVALUATION AND ANALYSIS FOR SCOUR. The TEXAS SECONDARY EVALUATION AND ANALYSIS FOR SCOUR is divided into two distinct parts, the first is titled "Secondary Screening", and the secondary part is titled "Concise Analysis." The "Concise Analysis" depends on the results of the secondary screening as to whether or not it is required. The "Secondary Screening" is a question and answer process, similar to the initial screening, which is intended to identify risk factors and differentiate between stream stability and bridge scour factors. The "Concise Analysis" is a simplified bridge scour analysis procedure which may be performed depending on the results of the secondary screening. The "Secondary Screening" requires visiting the site and completing the "Worksheet for the Secondary Screening" found in Appendix A of the TEXAS SECONDARY EVALUATION AND ANALYSIS FOR SCOUR. The summary of the results on page A-4 will assist the Engineer in determining if the study is to be terminated or if the "Concise Analysis"is to be performed. The "Concise Analysis" involves making a simplified bridge scour analysis which will require making a cross-section of the channel on the right-of-way line and relating the elevations to the bridge structure. This cross-section is to be plotted on a 22" X 34" sheet along with the bridge section and channel section at the time the bridge was constructed. Other historical data that is available should be shown on the drawing and included in the file. The calculations and procedures are found in Appendix B, titled "Worksheet for Concise Analysis." Nomographs for the Concise Analysis are found in Appendix C. The Engineer shall furnish a notice to the utility companies with a layout of the project in order for the utility companies to identify and locate their utilities on the above layout. The Engineer shall locate horizontally and vertically, and have exposed by the appropriate utility company all underground utilities when necessary within the proposed right-of-way. The Engineer shall design to avoid conflicts with or minimize major relocation of utilities. The Engineer shall send plan sheets with a list of utilities to be adjusted to the State immediately. The engineering services for design and preparation of plans and specifications will include determination of full and detail provisions for scheduling of construction work, storm water pollution plan, and a detailed traffic control plan during the construction period. A narrative sequencing will be included on the traffic control plan and in the Special Provisions for the 2 i �� - � y0 ..,_,tsrti.- .,x=..x•,y-.7.,t°rsb. .rr.. ,:N+r,i.aFita"Ye:.� ..o....xg.- .-w. v:3....,.. .,,: .. _ - .,*M.:.+,,.s--. project. (likre The Engineer will provide whenever possible, the Department's standard specifications or previously approved special provisions and/or special specifications will.be used. If a special provision and/or special specification must be developed for this project, it shall be in the Departmental format and, to the extent possible, incorporate references to approved Department test procedures. The work will be performed in accordance with the following manual and standards: A. TxDOT Highway Design Division-Operations and Procedures Manual B. AASHTO-Standard Specifications for Highway Bridges C. 1980 Texas Manual of Uniform Traffic Control Devices for Streets and Highways D. Texas Hydraulic Manual-Latest Version E. TxDOT Standard Specification for Construction and Maintenance of Highways, Streets and Bridges-Latest Version F. Special Provisions and Special Specifications G. TxDOT Bridge Division-Operation and Planning Manual H. TxDOT Bridge Division-Foundation Exploration and Design Manual I. AASHTO-A Policy on Geometric Design of Highways and Streets-1990 J. HCR 18, "Evaluating Scour at Bridges" date February 1991 by FHWA K. Texas Secondary Evaluation and Analysis for Scour The Engineer will provide a copy of the working design notes used for the design of each structure. The working design notes shall be bound, neat and legible, orderly, and with each structure properly referenced. The working design notes shall be delivered to TxDOT prior to the letting of the contract. The Engineer will provide the following (separate from the plans to the Area Engineer) for those bridge locations proposing to use either box beams or prestressed beams: 1.) Top of slab elevations over beams at"1/10 points." 2.) Bottom of slab elevations along outside edges of slab at"1/10 points." 3.) Elevations along top of sealed expansion joints (or armor joints) at ends and slope breaks. The Engineer will provide all services necessary for the work, except those services specifically identified in Attachment "A". The Engineer will provide all equipment, material, labor and supplies, except as shown in Attachment "A", to accomplish the work under this contract. The Engineer will be required to meet with the designated City and/or it authorized representative on a regularly scheduled basis to report on progress. A type written progress report will be required, together with evidence of the work accomplished during the period since previous report. A bar chart indicating the percentage of completion of each task shown on Attachment "C" will also be required. Formal progress reports with bar charts will be required on 3 a monthly basis. Deliverable Items Required of the Engineer 1. One (1) reproducible mylar set of plan sheets. 2. Copies of plan sheets as required for review. 3. A Microstation format on compatible archive media containing all graphics files used in developing the plan sheets. 4. Scour analysis. 5. Provide completed Bridge Documentation Checklist or Culvert Checklist as shown in current version of TxDOT's Hydraulics Manual. 6. Working design notes for each structure. 7. One and/or two plan sheet(s) showing ultimate scour envelope and scour calculations for each set of plans for only those off-system bridge structures requiring a concise scour analysis. The plan sheet(s) shall be included in the final plans submission and indexed on the title sheet. The District will provide an example of the information required for this plan sheet(s). 8. Original and final cross section output in ASCII format, or plotted on plan sheets, or work roll for construction contractors' information. 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G C C u u u O Spry C' p aammmm mmmCdac� yHcc > DA4 as S z 1 ca 3 al CIO Z (...., 4." § g IUD - + I C 7 o y Ci Z i 3 0 Z C.) n = c Cra H rn a ea 0 p aeO• Z F J O O 3 Y 8 c O Tel t . I. CC Y a. cz 4 tit NA v3 . a 8 E• 'o '= a A lo3 › `o o• 3V WUcocccccQ 9 i gai maH Z Agaz (11110/ W 0 W0E \ OD- 4Z. -. wia._,;,,.ti..paY► gww- -.s-.e, ., �+iv.:..fir...:.:..,- I�wu+ .'�`- - a _ - ' • ..{,�Kr�,r:;-. ,,,. •_ .. y ,ASS, ATTACHMENT G - F. TxOOT Form No.1560(Rev.12-91)Previous editions of this form may not be used. NOTE: Copies of the endorsements listed TEXAS '• be ow are .not required as attach-, DEPARTMENT OF TRANSPORTATION <. ments to this certificate. TIFICATE OF INSURANCE contractor shall not commence work until hdahe has obtained the minimum insurance specified in Section II,below,and obtained the following endorsements: the Texas of Transportation as an Additional Insured for coverages 3 and 4,and a Waiver of Subrogation in favor of the same department under coverages 2.3 and 4 Only atiricates of insurance published by this department ere acceptable as proof of insurance. Commercial carriers'certificates are unacceptable. SECTION 1 -IDENTIFICATION DATA 1.1 Insured Contractor's Name 1.2 Street/Mailing Address 1.3 City 1.4 State 1.5 Zip • 1.6 Phone Number Area Code( • SECTION ll-TYPE OF INSURANCE Type Number. - EffectiveDat ExpirationDate: NotLLessThan. 2. WORKERS'COMPENSATION 2.1 2.2 . 2.3 Statutory-Texas Endorsed with a Waiver of Subrogation in favor of the Texas Department of Transportation. 3. COMMERCIAL GENERAL LIABILITY (61:li Injury/Property 3.1 3.2 3.3 $600,000 combined sin le age it each occurrence ann m e aggregate Endorsed with the Texas D artment of Transportation as an Additional Insured and endorsed with a Waiver of Subrogation in favor orthe Texas Department of 1 ransportation. 4. TEXAS BUSINESS AUTOMOBILE POUCY. A.Bodily Injury 4.1 4.2 4.3 $250,000 ea.person $500,000 ea.occurrence • B.Property Damage 4.4 4.5 4.6 $100,000 ea,occurrence .- Endorsed with the Texas De_partment of Transportation as an Additional Insured and endorsed with a Waiver of Subrogation in favor... of the Texas Department of Transportation. . ._ ;. .....�.. 5.ii t,jMBREt-I-P.p9UCY i n ,:\. v .. f.':r4:.,e�:-i6rli:C`^ If19U:)9eL:';1Z 5.1 -. ._. ~•-.. ... .. • .. . 7. SECTION III -CERTIFICATION This Certificate of insurance neither affirmatively or negatively amends,extends,or alters the coverage afforded by the above insurance policies issued by the Insurance company named below. Cancellation and th T insuran De pa s(haltranost maatiode until THIRTY DAYS AFTER the undersigned agent or his/her company has sent written notices by certified mail to the contractorTHIS IS TO such to policies are T force and effect. 6.1 acting on behalf of the State of Texas,that the insurance policies above meet all the requirements stipulated above and 6.1 Name of Insurance Company 7.1 Name of Authorized Agent 6.2 Company Address 7.2 Agents Address 3 City 6.4 State 6.5 Zip 7.3 City 7.4 State 7.5 Zip 7.6 Authorized Agents Phone No. Original Signature of Authorized Agent Area Code( ) uate ATTACHMENT J CIVIL RIGHTS COMPLIANCE ,,,wring the performance of this contract, ,for itself,its assignees and successors in interest(hereinafter referred to as the"Architect/Engineer"),agrees as follows: (1) Compliance with Regulations: The Architect/Engineer shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S.Department of Transportation,Title 49,Code of Federal Regulations,Part 21,and Title 23,Code of Federal Regulations,Part 710.405(b),as they may be amended from time to time(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Architect/Engineer,with regard to the work performed by him during the-contract,shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention of subcontractors,including procurement of materials and leases of equipment. The Architect/Engineer shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b)of the Regulations,including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) solicitations for Subcontracts.Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Architect/Engineer for work to be performed under a subcontract,including procurement of materials or leases of equipment,each potential subcontractor or supplier shall be notified by the Architect/Engineer of the Architect/Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,sex,or national origin. (4) Information and Reports: The Architect/Engineer shall provide all information and reports required by the Regulations,or directives issued pursuant thereto,and shall permit access to his books,records,accounts,other sources of information,and his facilities as may be determined by the Texas Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Architect/Engineer is in the exclusive possession of another who fails or refuses to furnish this information,the (me, Architect/Engineer shall so certify to the Texas Department of Transportation or the Federal Highway Administration,as appropriate,and shall set forth what efforts he has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Architect/Engineer's noncompliance with the nondiscrimination provisions of this contract,the Texas Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,including,but not limited to: (a) withholding of payments to the Architect/Engineer under the contract until the Architect/Engineer complies and/or (b) cancellation,termination,or suspension of the contract,in whole or in part. (6) Incorporation of Provisions: The Architect/Engineer shall include the provisions of paragraphs(I)thru(6)in every subcontract,including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. The Architect/Engineer shall take such action with respect to any subcontract or procurement as the Texas Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance provided,however,that in the event an Architect/Engineer becomes involved in,or is threatened with,litigation with a subcontractor or supplier as a result of such direction,the Architect/Engineer may request the Texas Department of Transportation to enter into such litigation to protect the interests of the State;and,in addition,the Architect/Engineer may request the United States to enter into such litigation to protect the interests of the United States. L 9/97 CIVRIGHT.ATr ATTACHMENT K CHILD SUPPORT STATEMENT FOR NEGOTIATED CONTRACTS AND GRANTS Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is eligible to • receive the specified grant,loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. List below the name and social security number of the individual or sole proprietor and each partner, shareholder,or owner with an ownership interest of at least 25% of the business entity submitting the bid or application. LeSection 231.006, Family Code, specifies that a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property, materials, or services; or receive a state-funded grant or loan. A child support obligor or business entity ineligible to receive payments described above remains ineligible until all arrearage have been paid or the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. Except as provided by Section 231.302(d), Family Code, a social security number is confidential and may be disclosed only for the purposes of responding to a request for information from an agency operating under the provisions of Parts A and D of Title IV of the federal Social Security Act (42 USC Section 601-617 and 651-669). GSD, 10-95 Lori D ^ - CHSUP-93.ATT 17--• City of Southtake,Texas A MEMORANDUM July 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Proposed Highway Intersection Bond Projects Background During the June Council Retreat, staff presented Council information on proposed street bond projects. These projects include construction of the ultimate street cross-sections along F.M. 1709 and S.H. 114 to help ease congestion at the intersections. The proposed bond issue funds would be utilized to obtain ROW, design, and construct the ultimate cross-sections at intersections along F.M. 1709. This would alleviate congestion at the intersections, in turn allowing for improved traffic flow along the thoroughfares. The reasons for the potential capacity increase, as stated previously in the retreat information, are: 1. The turning radii will be increased, which allow for improved turning movement from F.M. 1709 onto the side streets. 2. Left turn lanes will be constructed on the side streets to allow for opposing left turns. Concurrent left turn signals allow for more time in the traffic signal phase for through traffic. 3. The ultimate intersection for the side streets will allow more free right turn movements onto F.M. 1709. 4. Deceleration lanes on F.M. 1709 will allow slower moving traffic to leave the through lanes while making the right turn movement onto a side street. This will allow faster moving traffic to leave the intersection without yielding to the slower moving traffic turning right onto the side streets. This proposed bond program could also include the cost of placing sidewalks along F.M. 1709 as per the Trail Master Plan and from Southridge Lakes Pkwy to Bicentennial Park on the north side of F.M. 1709 as recommended by the Park and Recreation Board. The preliminary cost estimate for sidewalk construction along F.M. 11A-1 r 1709 is approximately $795,000. The cost of a four-foot wide sidewalk from Southridge Lakes Pkwy to the park is estimated to be $86,500. The improvements to F.M. 114 include construction of the ultimate cross-section for the interchanges at Kimball Ave., Carroll Ave., N. White Chapel Blvd., and Dove St. This would be in conjunction the improvements planned by the state. The total for the design and construction for the proposed intersection improvements on both F.M. 1709, S.H. 114, and the sidewalks, as indicated, is estimated to be $10.58 million. Additional funds would be needed for the acquisition of right-of-way in some instances. The exact figure for this is difficult to determine without current appraisals of potential ROW property. This proposed program is obviously very comprehensive and would need to be spread out in several phases, over several years, in order to make it works financially. Staff will present criteria for prioritizing the proposed projects during the Council meeting. BW/cre Attachment: List of Proposed Intersections Map Exhibit (lope 11 A-2 A ESTIMATED COSTS FOR PROPOSED HIGHWAY BOND ISSUE PROJECT COST PROPOSED STREET INTERSECTION BOND PROGRAM (i) PEARSON/FM 1709 ULT. (WITH 1709 DECEL. LANES) $660,000 RANDOL MILL/FM 1709 ULT. INT. (WITH FM 1709 DECEL. LANES) $260,000 PEYTONVILLE/FM 1709 ULT. INT. (WITH FM 1709 DECEL. LANES) $1,330,000 SR LAKES/FM 1709 INTERSECTION DECEL. LANES $160,000 SHADY OAKS/FM 1709 INTERSECTION DECEL. LANES $100,000 WHITE CHAPEL/FM 1709 ULT. INT. (WITH FM 1709 DECEL. LANES) $1,410,000 BYRON NELSON/FM 1709 INTERSECTION DECEL. LANES $200,000 CARROLL/FM 1709 ULT. INTERSECTION (WITH FM 1709 DECEL. LANES) $1,160,000 EAST &WEST JELLICO CIRCLE DECEL. LANE $184,000 MEADOWLARK LN DECEL. LANE $92,000 GINGER COURT DECEL. LANE $92,000 TIMBERLAKE DECEL. LANE $92,000 LAKECREST DECEL. LANE $92,000 WESTWOOD DECEL. LANE $92,000 BANK STREET DECEL. LANE $92,000 CROOKED LANE DECEL. LANE $92,000 COMMERCE DECEL. LANE $92,000 MIRON DECEL. LANE $92,000 STONE LAKES DECEL. LANE $92,000 BROOK DECEL. LANE $92,000 KIMBALL/FM 1709 ULT. INTERSECTION (WITH FM 1709 DECEL. LANES) $1,160,000 GRAND TOTAL FOR FM 1709 INTERSECTIONS $7,636,000 KIMBALL/SH 114 ULTIMATE INTERSECTION $514,684.80 CARROLL/SH 114 ULTIMATE INTERSECTION $531,024.00 WHITE CHAPEL/SH 114 ULTIMATE INTERSECTION $548,784.00 DOVE/SH 114 ULTIMATE INTERSECTION $439,027.20 GRAND TOTAL FOR SH 114 INTERSECTIONS $2,033,520.00 TOTAL DESIGN AND CONSTRUCTION ESTIMATED COST $9,669,520.00 TOTAL ESTIMATED COST INCLUDING SIDEWALKS 10,580,000.00 L 11 A-3 ,_ L cz 1 1i!1 `,. 1 - 1I�I I 'F_-_;;+-,-,_, ,', 1 ' I -I- (2 Ly{ L O L J 'Hi u { .1 1 1 I 11 1 T � %::1 ! r 1 1I C 1J ��J �11 L r-r 1 1 ' I �1+ J V J � Ems-' ,-,_ ff ,N # ''''' w -. , , , r-/,/ . , p,r _.,, ,_,, . ,, , ,„"wk,,...„,,,,,., _, _ „,_,_, , , „ 1:::, 0 L_ 1 LP _ , • LI �•. i--,1 • _ - �1 � N E L - / �i ' { 1 i-----,, 1 111 T� L ' I , 1 I �h LTiI C ��^ { it IT�� l N uLL ,, ��'-p- . Ir • �� 1 —�i I in .I �I 1 'Li 1 "`1' hry �,�'-� G cs �J , % • r r �� EN _ )I t t 1 TT- W/) rir` L � �LY H, mil^ N''' I yL -.- JI Cy `� i_t'' �li-f il� 8_ ,r_ir_. y u �1 co U c w .«... . ,( i � Z - __I ..._,. g • 4 11A-4 ♦ City of Southlake,Texas • MEMORANDUM July 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Interlocal Agreement with Trophy Club MUD #1 for water services Background Attached is a proposed interlocal agreement between the City of Southlake and Trophy Club Municipal Utility District #1 (TCMUD 1) for the use of a 21-inch water transmission line through the MUD district. This line will ultimately provide water to the 5 million gallon storage tank on T.W. King and become a portion of the ultimate loop of water transmission lines from Ft. Worth as part of the North East Tarrant County Regional Water Supply (NETCRWS) and eventually the responsibility of the City of Ft. Worth, in terms of maintenance. Until then, TCMUD 1 will be responsible for the maintenance of their 21-inch line. As part of the proposed interlocal agreement, the City of Southlake will pay a fee to TCMUD 1 to absorb some of their costs of maintaining the 21-inch water line. The proposed fee is $60.84 per million gallons or .0684/1000 gallons, with a minimum of$1000 per month. Southlake's current water rate is $26.16 for the first 2000 gallons then $3.00 per 1000 gallons, thereafter. As the 21-inch Trophy Club line is their only supply line to Ft. Worth, they are contractually limiting Southlake to 1.75 million gallons per day for the first year"and as may later be specified annually by TCMUD l's District Manager based on a reasonable estimate of TCMUDS 1's primary water supply needs." (Section E) Therefore, based upon Southlake using the maximum of 1.75 MGD, the monthly fee to TCMUD 1 would be $3,194.00. This agreement would not take effect until the 24-inch transmission line to the T.W. King pump station is complete. The construction of this line is currently being held up until an easement can be obtained. Construction of the 24-inch line is expected to begin in 1999. Discussion This proposed interlocal agreement is in agreement with the NETCRWS regional water concept plan. Phase I was the construction of Southlake's 24-inch water to Trophy Club's water line. As has been discussed with City Council, it is important for Southlake and the regional entities that the north-south 30/36-inch "loop" be installed as soon as possible. In this proposed agreement, a date of January 1, 2003 has been set (Section H). Staff is planning to present to Council in August an engineering agreement for the design 11G1 of the north-south"loop" water main. The design, easement acquisition, and construction will take two years. Therefore, the date specified in the TCMUD agreement gives the City an additional two-year contingency. In that same section (H), staff is working with TCMUD to modify the "unilateral termination"clause. To renegotiate seems reasonable. Council should also note Section J, this would require Southlake and Ft. Worth to enter into a Ft. Worth "standard" contract. Staff is working with Ft. Worth Water Utility Department on this issue, as Ft. Worth will also require the City enter into a "standard" contract before they will sell the City water through the TCMUD line. The basic impact of the "standard" contract is that Southlake would need to collect and pay Ft. Worth's water impact fee (1-inch meter=$594.52). BW/cre Attachment: Proposed Interlocal Agreement Map Exhibit (tor co, 11C-2 DRAFT DATED 9_0/98 9:29 am INTERLOCAL AGREEMENT BETWEEN TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 AND THE CITY OF SOUTHLAKE FOR USE OF AND TRANSFER OF WATER THROUGH A TWENTY-ONE INCH WATER MAIN This Agreement is made and entered into by and between Trophy Club Municipal Utility District No. 1 (hereinafter referred to as "TCMUD 1"), a municipal utility district created and operating under the provisions of Article XVI, Section 59, of the Texas Constitution, and the general la�ti s of the State of Texas, including, particularly, Chapter 54,Texas Water Code, as amended, and located in Denton and Tarrant Counties, Texas, and the City of Southlake, Texas, a home rule municipal corporation operating pursuant to the laws of the State of Texas and located in Denton and Tarrant Counties, Texas (hereinafter referred to as "Southlake"). WHEREAS,TCMUD 1 and Southlake currently purchase water from the City of Fort Worth; and WHEREAS, TCMUD 1 and Southlake have a Utility Contract dated April 7, 1998, relating to water and sewer service for the IBM Phase IA Project located in Southlake; an Agreement to Extend Utility Contract dated May 7, 1991; and a Contract for Water and Wastewater Services dated February 4, 1992; and WHEREAS,TCMUD 1,Southlake,Cities of Keller and Fort Worth,Towns of Westlake and Roanoke, and Lake Turner MUDs have cooperated in the Northeast Tarrant County Regional Water System(NETCRWS) to develop a regional plan to distribute potable water to each public entity in the quantities estimated for their ultimate populations; and WHEREAS, TCMUD 1 owns and maintains a twenty-one inch (21 in.) water transmission main, from the southeast corner of the intersection of S.H. 377 and S.H. 170 and generally following the south right-of-way line of S.H. 170 and S.H. 114 to a point located about 200 feet west of Trophy Club Drive, where it then turns to the north and crosses beneath S.H. 114; and WHEREAS, Southlake, City of Keller, and Lake Turner MUDs own and maintain a thirty and thirty-six inch (30/36 in.) water transmission main from N. Beach Street (Fort Worth) and generally following Golden Triangle Blvd. and F.M. 1709 and terminating at Pearson Lane (Southlake); and WHEREAS, City of Fort Worth has agreed in principle to maintain the above water transmission mains upon the completion of Phase II of the NETCRWS plan; and WHEREAS, TCMUD l's twenty-one inch water transmission main currently has excess capacity which is not being utilized by TCMUD 1; and 1 11C-3 WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, allows a local government to contract or agree with another local government to perform governmental functions and services in accordance with such Act, and Section 791.026 of the Texas Government Code expressly authorizes a municipality and water district to contract with each other to obtain part or all of water supply facilities; and WHEREAS, TCMUD 1 and Southlake desire to enter into this Agreement to allow for the delivery of water to Southlake through TCMUD l's 21 inch water transmission line; and WHEREAS, the parties have each determined that the terms and conditions of this Agreement are desirable, fair, and advantageous for such party; NOW,THEREFORE, for the mutual consideration herein stated, TCMUD 1 and Southlake hereby enter into this Agreement as an interlocal agreement and hereby covenant and agree as follows: SECTION A Southlake is constructing: * 5.0 million gallon ground water storage and booster pumping station on T.W. King Road * 24-inch water main between the booster pumping station and the existing water towers at Dove Rd. and N. White Chapel Blvd; * 12-inch water main between Dove Rd.. and Kirkwood Blvd. SECTION B Southlake has designed a 24-inch transmission main along S.H. 114 from about 200 feet West of Trophy Club Drive to the new booster pumping station on T.W. King Rd. Southlake's FY97-98 CIP Budget includes funding for the construction of the water transmission line. The transmission line is designed for future inclusion in the Northeast Tarrant County Regional Water System (NETCRWS) which will be operated and maintained by the City of Fort Worth Water Department. SECTION C Southlake will at no cost to TCMUD 1, connect to TCMUD l's 21 inch transmission main 2 11C-4 on the south side of S.H. 114 west of Trophy Club Drive. Further, Southlake will construct and properly maintain at its expense a meter station meeting all Fort Worth standards at the intersection of the future Precinct Line Rd. and S.H. 114. SECTION D Southlake will read the water meter on a monthly basis. TCMUD 1's District Manager or his/her designeee shall have access to the meter at all times, may request additional meter readings, and may accompany Southlake's meter reader. Each party shall have the right to test the accuracy of the meter at any time at its own expense. If testing shows that a new meter is required, then the new meter shall be installed at Southiake's expense. SECTION E Southlake recognizes that the 21 inch TCMUD 1 water main is the primary water supply to TCMUD l's customers. Southlake's 24 inch connection is a secondary supply for Southlake and, therefore, Southlake will limit the amount of water transported by Southlake through the 21 inch TCMUD 1 water main to an initial amount not to exceed a rate of flow of 1.75 million gallons per day and as may later be specified annually by TCMUD 1's District Manager based on a reasonable estimate of TCMUD 1's primary water supply needs. SECTION F Southlake and TCMUD 1 mutually desire to assist each other in case of a water emergency. Each party agrees to work through its appropriate managers and staff to provide additional water to the other party during a declared water emergency, but subject to any restrictions imposed by the contracts of the parties with the City of Fort Worth. SECTION G In exchange for the right to transport water through TCMUD l's 21 inch water line to Southlake, Southiake shall pay TCMUD 1 a transportation charge in the amount of $60.84 per million gallons transported by Southlake through the 21 inch water line,but not less than $1,000 per month. Such payment will be made upon the volume of flow as recorded on the meter and read and billed monthly. Payment shall be made by Southlake on or before the twentieth (20th) day of the month immediately following the month in which the bill is received. TCMUD l's standard penalty or late charge on past due accounts shall be added on any bill that is not timely paid by Southlake. This paragraph notwithstanding, it is expressly understood by both Southlake and TCMUD 3 11C-5 1 that all transportation charges will cease effective as of the date that the City of Fort Worth Water Department begins maintenance responsibilities for the '`looped" transmission water main system including TCMUD l's 21 inch water main. SECTION H It is expressly agreed that this Agreement is intended by both parties to be a temporary arrangement for Southlake to be able to transport water from the City of Fort Worth through TCMIUD l's 21 inch water transmission line and to Southlake only until such time as the City of Fort Worth begins maintenance responsibilities for the "looped" transmission water main system including TCMUD l's 21 inch water main. If the North/South leg of the East side of the "looped" system is not completed by January 1, 2003, TCMUD 1 reserves the right to thereafter unilaterally terminate or request renegotiation of this Agreement upon at least one year's written notice to Southlake. If this right of termination is exercised by TCMUD 1 by giving one year's written notice to Southlake, then Southlake shall take reasonable and timely steps to develop an alternative or replacement system for water delivery prior to the effective date of the termination and, if necessary, the termination may be enforced by court order. No continuation of TCMUD l's obligation to provide water pipeline transportation service beyond the effective date of the termination shall be implied. If for any reason Southlake fails or refuses to terminate its transportation of water through the 21 inch transmission line by the effective date of the termination, then the bill to Southlake shall be increased by$2,000 per month after the effective date of the termination. SECTION I If either party is prevented by act of God or force majeure from timely performing its obligations under this Agreement (other than the obligation of Southlake to make payments required under the terms of this Agreement, which is an absolute obligation), then the affected party shall promptly give written notice and explanation of such act of God or force majeure to the other party and the obligation of the party giving the notice shall be suspended during the continuation of the act of God or force majeure. SECTION J This Agreement is conditioned upon Southlake signing a new contract to purchase treated water from the City of Fort Worth on the standard form used for that purpose by the City of Fort Worth. 4 11C-s . SECTION K This Agreement is executed by the parties in multiple counterparts. This Agreement is effective for all purposes as of , 1998. TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 Attest: By: By: Constance S. White Secretary of the Board of Directors President of the Board of Directors Approved as to Form and Legality: Robert G. West, Attorney for Trophy Club Municipal Utility District No. 1 CITY OF SOUTHLAKE,TEXAS Attest: By: By: City Secretary Mayor Approved as to Form and Legality: City Attorney, City of Southlake H:\STORRRGWAMUD\WATERL 1?MGREEMEN.520-20May98 5 11 C-7 t41 1-1 • 3G N1 � 7 a' € W � '+ Li.ik Z a t zi li N n /(. ti 1 = gia C9 I. W v LL Id a R I R 3 :r / ...., . a . . E pN H N / 8 p yP qP P ®� O 3Nf1 1*N133 h.Ni «- - —I— i , i ih n V i �'Z /k =a a�/�N n !I ff CO A L} �Y n p r7 ^ i O o 11-to Q• 1 n NOSuI3d i • Y ct 0_ n NN• + $ • >-i 1 o -ff x- A '� N W E i A N N R .Cyr_r5 1,?.: V 8 ._0 n a a (IPIP' i • i n t o N [a P • h R O O N V } P C n n n n e I. o R n_ y • w hg 2 N 1 .1 xd m -gd,IL € ZN t 8g3. .�z.J O/ -41 a i�Q 1- i J • <V 3vl 1-WNW 1- a n WMap.- WC° R. 3 maoo am •o tY€ 1 t f anac�1 n�� 1 I 3 N}1 ^ R'} •P' ryg ry io R R L ;,. I .., '-'7.: >i Z R 'i S yid l+«Qb t• 11C-8