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1998-09-15 CC Packet City of Southiake,Texas MEMORANDUM September 11, 1998 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting September 15, 1998 Note that the financial report prepared by Finance Director Lou Ann Heath and the Town Square Status Report prepared by Deputy Director of Public Works Ron Harper are included in your packet under Item No. 4B-1-5 and 4B-6-7, respectively. If you have any questions, call Lou Ann Heath, Ron Harper, or me. 1. Agenda Item No. 5A. Approval of the Minutes of the Regular City Council meeting held on September 1, 1998. If you have any changes to the minutes of the regular City Council meeting please discuss these at the work session or notify Sandy LeGrand prior to the meeting. She will bring the amended minutes to the meeting for your consideration. 2. Agenda Item No. 5B. Resolution No. 98-64, Authorizing the City to enter into a grant agreement with the Texas Forest Service for the establishment of a tree farm. Dick Johnston recently applied for and received a $4,200 matching grant from the Texas Forest Service to establish a tree farm. Mr. Johnston estimates receiving a $4,200 match of in-kind services through volunteer labor, which is a qualified expense that can be applied to the matching portion of the grant. The Texas Forest Service requires a resolution from the City Council accepting the grant agreement. As indicated in Kevin Hugman's memo, this will be the second tree farm in Mr. Johnston's five-year plan to establish one each year. The selected one-acre site for • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest - ,,E.~"' = September 11, 1998 Page 2 of 27 the tree farm is immediately behind the Shady Oaks retail center in Bicentennial Park. Please contact Kevin Hugman if you have any questions regarding this item. 3. Agenda Item No. 5C. Authorize the Mayor to enter into an interlocal agreement with the City of Grapevine for sanitary sewer services. As discussed at your last meeting, this agreement will provide for sewer service to our residents living in the Raintree vicinity along the Grapevine city limits. The advantage of this agreement to us is that it will eliminate our need to build two lift stations in the area for this system, saving us approximately $150,000. Additionally, we will be spared the considerable expense of ongoing maintenance of the lift stations. (For Grapevine, this agreement requires us to provide service to Grapevine residents living east of (lire Lonesome Dove, which we can do with the existing Southlake lift station in that vicinity. The reciprocal arrangement for both cities provided in this agreement is favorable.) Note that the Grapevine City Council will consider this interlocal agreement on September 15 as well. 4. Agenda Item No. 5D. Authorize the Mayor to enter into a cooperative purchasing agreement with Denton County. This intergovernmental agreement provides the City the opportunity to benefit from large volume purchase pricing. As indicated by Finance Director Lou Ann Heath, the Denton County Purchasing Department abides by the bidding criteria set forth in state law. Denton County in return offers this cooperative agreement to municipalities within their jurisdiction. There is no cost associated with this agreement. L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 3 of 27 We have similar interlocal agreements with Tarrant County, the City of Fort Worth and the State of Texas. The Houston/Galveston Area Council of Governments also allows us to purchase items through their contracts, but they do not require a written agreement. Please contact Lou Ann Heath if you have any questions regarding this item. 5. Agenda Item No. 5E. ZA 98-092, Plat Revision for the proposed Lots 4R21 through 4R2R3, and Lots 4R3R1 through 4R3R5, Block 6, Southridge Lake, Phase C-1. There are no unresolved issues with this request. The Planning and Zoning Commission recommended approval 7-0 allowing the non-perpendicular lot lines. Approval on consent should be subject to Plat Review Summary No. One dated August 28, 1998 as amended per the recommendations of the Planning and Zoning Commission if that is Council's desire. Feel free to contact -Dennis Killough should you have any questions. 6. Agenda Item No. 5F. Ordinance No. 713, 1st reading, Granting a franchise to Millennium Telcom, L.L.C. for the provision of telephone service within the city. Although there was great speculation among cities two years ago that the Telecommunications Act of 1996 would result in a flurry of activity by communication companies (and cities working with these companies in franchise agreement relationships), this request is the first we have had since the passage of the Act. As such, your packet contains a detailed memorandum from Shana Yelverton explaining some of the implications of the Act as they relate to this request by Millennium, as well as the compensation provision of the proposed agreement and how it compares to existing Southlake telecommunications franchises. Note that the franchise agreement is not included in your packet; it will be provided as soon as staff receives the "clean" copy on Monday. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 4 of 27 FYI, the Telecommunications Act of 1996 was designed to remove regulatory barriers and encourage competition among all types of communications companies. It essentially allows local telephone companies into the long distance, cable television, and phone equipment manufacturing markets, as well as allowing long distance telephone companies, cable operators, cellular providers and others into the local telephone market. The impetus of the Act was, in a word, competition. Technological advances have created opportunities which are not always compatible with historical laws and regulations. With the enactment of this law, Congress sought to eliminate regulatory requirements that interfere with competition and give providers authority to enter into new markets. The theory is that if competition develops, prices will decrease and service will improve. In considering an agreement with telecom providers, there are two key issues to consider. First, this Act (as well as the 1992 Cable Act) contains provisions which preempt all local laws that prohibit -- or have the effect of prohibiting -- a business from providing telecommunications services. The Telecommunications Act contains a "Barriers to Entry" section which overrides any local requirement which prohibits a business or person from providing any telecommunications services. This limitation also reaches any local law, ordinance or requirement that, while not prohibiting the provision of telecommunications services, has the effect in practice of prohibiting a business from providing such a service. The Courts will ultimately define these parameters, but our city attorneys are operating under the assumption that requirements should generally be consistent for all telecommunications providers, that is, franchise agreements with new providers should consider our historical treatment of rights-of-way users. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 5 of 27 Franchise fees are a second area of consideration. As Shana notes in her memo, Millennium has agreed to pay 5% of its gross receipts as compensation for its use of our rights-of-way, which is considered favorable to the City of Southlake. As she notes, 5% is the maximum which can be charged of a cable television provider and, generally, telephone franchises have included compensation requirements of 3-4%. (Note that in recent years Southwestern Bell has and continues to fight the use of a percentage of gross receipts as a method of calculating franchise fees, and has demonstrated it will fight long and hard before ever agreeing to 5%. Our current SWB agreement calls for the payment of a flat fee adjusted annually for growth.) The Act specifically recognizes our ability to require compensation for the use of right-of-way at a reasonable level, as long as our compensation requirements are imposed in a non-discriminatory manner. Given Millennium's willingness to agree to 5%, we feel that the agreement is favorable to the City. The bottom line: we cannot prohibit Millennium from providing service in our community and they must be treated similarly to other franchisees. The franchise agreement before you accomplishes these objectives. As such, I have placed it on consent agenda for first reading, recognizing that we can address outstanding issues between first and second reading. Note that Millennium representatives will be present during work session to answer any questions you may have about their company, plans, etc. Please let Shana know if you have questions in the meantime. 7. Agenda Item No. 5G. Ordinance No. 717, 1st reading, Amending Chapter 18, Article III, Section 18-79 of the Southlake City Code, designating the speed limit as 25 miles per hour for certain streets. This week Bob Whitehead, Shawn Poe and I met with the residents along Lake Drive between Dove Estates and Hudson Bay Estates. We met with them to discuss the pending plans to improve the roadway, upgrade the water lines, and provision of neighborhood sewer to the residents on Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Y = September 11, 1998 Page 6 of 27 the east side of the road (Hudson Bay Estates). Recall that these improvements have been in the CIP for several years but have been delayed by problems in acquiring the right-of-way necessary to install the Dove Road pressure system. One of the biggest complaints from the residents has to do with the conditions of Lake Drive and the limited right-of-way on this road. As a result of working with the residents, we will be recommending to City Council that we reconstruct this road in a cross section that has only 18' of payment, which is 4' less than the minimum standard roadway width. The neighborhood also has requested that we reduce the speed limit, and they have also "talked around" the notion of speed humps. Staff has done considerable engineering "studies" of the area and agree that the 25mph speed limit is appropriate for Lake Drive given the special hazard of the limited roadway width. Note that we are changing the speed limit back to 25 mph for the subdivision streets that we reduced to 24 mph last month. By law, we must do this if we are going to be able to enforce the reduced limit (less than 30mph). Recall that in your August 18, 1998 packet we attached to my memo copies of the key provisions from the Texas Transportation Code dealing with traffic laws. To recapitulate, the Code provides that a city may alter by ordinance the prima facie speed limits from the results of an engineering and traffic investigation (Sec. 545.356), and that a prima facie speed limit is effective when signs giving notice of the speed limit are erected (Sec. 545.353) (Sec. 545.356), but that unless a special hazard exists that requires a slower speed, the slowest prima facie speed limit is 30 mph (Sec. 545.352). The Texas Transportation Commission has been required to adopt a manual and specifications for a uniform system of traffic-control devices (Sec. 544.001) that govern such devices on public roads. We had not adequately reviewed the manual prior to the last ordinance revision, but we now know the manual provides that (kir (Sec. 2B-10) "...the speed limits shown shall be in multiples of 5 miles per hour." Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 7 of 27 We apologize for the confusion, but we know City Council would not want us to erect unenforceable speed limit signs and adopt unenforceable speed limits. For this reason, we have made the changes to the recently enacted ordinance as we make the change to speed limits on Lake Drive. Please let me know if you have any questions on this matter prior to the meeting. 8. Agenda Item No. 5H. Ordinance No. 715, 1st reading, Granting a license to American Communications Services of Texas, Inc. for the installation of telecommunications equipment within certain portions of city rights-of-way. This item differs from the one with Millennium in that ACSI, while planning to use our rights-of-way for their lines, will be providing no service within the City of Southlake. This license agreement would permit them to use our right-of-way for a Cie fee per linear foot, until such time as they "turn up" service in Southlake. At that time, they would be required to enter into a franchise agreement. Note that the agreement calls for $1 per linear foot per year. At this time, they will only be extending lines 1,025 linear feet within City right-of-way on Kimball Avenue between FM 1709 and SH 114. Note that ACSI is still in the process of reviewing the final proposal. Although we do not anticipate changes, they may wish to negotiate the fees further or may clarify the map. The items can certainly be handled between first and second readings. Shana surveyed 37 cities to determine how they handle their license agreements. Fifteen of these cities have similar agreements in place and most charge approximately $1 per linear foot. We anticipate that a representative from ACSI will be present during the meeting to answer any questions you may have. Please contact Shana if you have questions about this agreement. C Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 8 of 27 9. Agenda Item No. 5I. ZA 97-096, Variance to the Subdivision Ordinance No. 483- G, Section 4.01 (1)2 (Plat Expiration), Extending the Validity of Case No. ZA 97- 096, Plat Revision, Lot 1R1 and 1R2, W.W. Hall No. 695 Addition. There are no unresolved issues surrounding this and the following request to extend the validity of approved plats. We have had several instances over the past few years where these types of plats have been extended in order to facilitate the filing of the plats. Feel free to contact Dennis Killough should you have any questions. 10. Agenda Item No. 5J. ZA 97-1119, Variance to the Subdivision Ordinance No. 483- G, Section 4.01 (1)2 (Plat Expiration), Extending the Validity of Case No. ZA 97- 1119, Final Plat of Lot 1, block 1, and Lot 1, Block 2, Carroll I.S.D. No. 2. See note on item 51 above. 11.Agenda Item No. 5K. Authorize the Mayor to enter into a professional service agreement with Belcheff& Associates, Inc. for the engineering and design of North White Chapel Boulevard from the County Line to Lake Grapevine. This agreement will allow for the City to proceed with the design and development of construction plans for the portion of North White Chapel Boulevard between the county line and Lake Grapevine. The reconstruction of N. White Chapel from Dove Road to the county line is currently underway. As stated in the memo from Bob Whitehead, there is $340,000 allocated for the engineering and construction of this project in the FY 1998-99 CIP budget. The estimate provided by the engineer is $366,563. The CIP budget will be revised to allocate $400,000 for this project. We would like to proceed with this project to ensure construction is completed prior to the spring soccer season. Although we are requesting you to authorize the engineering and design work prior to the start of L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 9 of 27 the new fiscal year, the funds for this project will not be allocated until after the new fiscal year begins October 1, 1998. Please contact Bob Whitehead if you have any questions regarding this item. 12.Agenda Item No. 5L. Change Order #1 to the contract with Aetna U.S. Healthcare for employee medical insurance. As Director of Human Resources Lauren Safranek noted during your last meeting, this change order is a legal necessity given the differences between the plan we bid and the plan we will now offer to our employees. Specifically, you approved changes to the hospital co-pay required per day ($100 to $250) and changed the PPO plan from an 80/70 plan to an 80/60 plan. The action you took last meeting resulted in a cost savings to the city for employee coverage, and helps to ensure that employees will not experience an increase in the L cost of covering their dependents. 13. Agenda Item No. 5M Resolution No. 98-65, Authorizing the use of City funds for the purpose of contributing to retiree medical insurance. Providing medical insurance to retirees was discussed with the City Council during the recent health insurance bid process. As indicated by Human Resources Director Lauren Safranek, this benefit will provide affordable insurance access to city retirees during the period in which they are not eligible for Medicare. The retiree rates will be the same as the rates provided for current employees, including the option to select coverage for dependent care. In order to include retirees in the medical insurance, Aetna requires the City to contribute a portion of the retiree insurance. The recommendation is for the City to contribute $100 per month to retiree insurance for those individuals retiring on or after October 1, 1998. This amount reflects the current contribution rates the City provides to dependent premiums. Currently, we have no retirees who would be eligible for this benefit, and we are not aware of any Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 10 of 27 employees who are ready to retire. Thus there will be no immediate fiscal impact, but it will allow employees who are contemplating retirement to better plan for their future. Please contact Lauren Safranek if you have any questions regarding this item. 14.Agenda Item No. 7A. Ordinance No. 708, 2nd reading, Tax Levy Ordinance. The City Council approved the first reading of Ordinance No. 708 at the September 1 meeting. This ordinance will adopt the $.422 tax rate per $100 of assessed valuation included in the FY 1998-99 budget as.submitted to the City Council. The tax rate of $.422 includes $.11437 for debt service and $.30763 for support of General Fund operations. As indicated in the memo from Lou Ann Heath, we will ikkir notify Tarrant County, the City's tax collector, about the adopted tax rate. We are required to send the City's tax rate information to Tarrant County by September 18 in order for them to generate tax statements after October 1. Please contact Lou Ann Heath if you have questions regarding this item. 15. Agenda Item No. 7B. Ordinance No. 709, 2nd reading, Annual Budget for Fiscal Year 1998-99, including the Annual Budget for the Southlake Crime Control and Prevention District. Note this is the second public hearing. Per charter requirements, we are required to hold two public hearings on the budget, which have traditionally tracked the first and second reading of the ordinance adopting the budget. The first public hearing was held at the September 1 meeting. As a reminder, this public hearing also includes language regarding the Crime Control and Prevention District budget. The District's budget policy requires us to ,,, publish notice of the Council's public hearing on the District budget. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 11 of 27 The budget reflects the adjustments identified and discussed at the September 8 work session which include reductions in the General Fund (personnel), Operations and Maintenance (tuition, travel, telephones), and Capital Outlay (computer equipment). These changes are outlined in detail in Lou Ann Heath's memo and related attachments. Please contact myself of Lou Ann Heath if you have any questions regarding the budget. 16.Agenda Item No. 7C. Ordinance No. 710, 2nd reading, An ordinance vacating and abandoning Bluebonnet Drive in the City of Southlake. This item has been placed on your agenda for second reading following its approval on first reading on (we September 8. While the right-of-way abandonment is fairly straightforward, the issue of compensation is more complicated. The way the ordinance in your packet is worded, the property owner would take possession of the property upon compensating the city the fair market value. Bob Whitehead mentioned in his packet memo that we have initiated an appraisal on the right-of-way and expect to have the results next week. Since the appraiser will not be able to get us a report until after Tuesday's meeting, we asked her to wait for us to get your input before beginning the appraisal process. Meanwhile there are several other methods that can be used to determine the value of the Bluebonnet right-of-way. One method is to use the Tarrant Appraisal District values of the properties surrounding the roadway. As set out in the attached chart, the surrounding properties are valued by TAD such that the roadway would have a value of $92,882 at 100% value. As we discussed, the adjoining property owners Honorable Mayor and Members of City Council • Agenda Item Comments and Other Items of Interest September 11, 1998 Page 12 of 27 have the underlying fee simple ownership, while the City has the exclusive right to the use of the surface of the roadway, thus the factor that will determine the City's value will be the percentage of the total TAD value that you wish to use. (For example, Ft. Worth has established a 50% value for street ROW, and a 10% value for alley ROW.) If you choose 50%, the City value would be $92,882 x 0.50 = $46,441. The choice belongs to the City Council. Note the mention in the memo from Bob Whitehead that we need to develop a policy on the disposition of excess ROW. Please let us know your thoughts on this matter. 17. Agenda Item No. 7D. Ordinance No. 711, 2nd reading, Abandoning portions of South Kimball Avenue between Crooked Lane and the existing portion of South Kimball Avenue in Heritage Industrial Park. The first reading of this item was approved, on consent agenda, by the City Council at the September 1 meeting. This ordinance provides for the abandonment of portions of South Kimball Avenue to allow for the proposed new alignment. As you recall, Genesis Capital is looking to develop the Green Meadow area, and is willing to dedicate a portion of the right- of-way needed for the new alignment of South Kimball Avenue as well as construct a portion of Continental Boulevard and South Kimball. This ordinance provides for the abandonment of the old ROW through quit claim deeds. As indicated in Bob Whitehead's memo, the proposed abandonment will not be effective until the dedication of the new ROW is complete. The developer's participation in the ROW dedication would significantly reduce the need for City funds for the project, freeing up CIP dollars for other needed projects. Please contact Bob Whitehead if you have questions regarding this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest =_ 7 September 11, 1998 Page 13 of 27 18. Agenda Item No. 7E. Ordinance No. 712, 2nd reading, Street name change for Old South Carroll Avenue to Breeze Way. The first reading of this item was approved, on consent agenda, by the City Council at the September 1 meeting. This request to change the street name from Old South Carroll Avenue to Breeze Way was submitted by Mr. and Mrs. Boren, the only residents along this section of the road. As you recall, this is the only portion of South Carroll Avenue that will remain once the proposed new portion of the S. Carroll Avenue is constructed. The Borens would prefer the street name Breeze Way over the proposed Old South Carroll name designation. The Carroll Baptist Church will maintain its current address on South Carroll Avenue. 19. Agenda Item No. 7F. Site Plan for French Square Office Complex. The (kri, applicant has requested that this item be tabled until the Council meeting on October 6, 1998. It is staff's understanding that the applicant is working to revise the site plan in accordance with the setbacks approved on the concept plan. Feel free to contact Dennis Killough or Karen Gandy should you have any questions concerning this application. This item is a candidate for placement on the consent agenda. If so, please note in the motion that you would also be continuing the public hearing to October 6. Recall that when we receive requests to table (with enough notice) on issues that are relatively simple, we routinely place such items on the consent agenda and only include the applicants letter requesting the table in your packet. On larger issues, we have not wanted to be presumptuous (that you would vote to table; you could vote on the item as presented), so we have always included the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 • Page 14 of 27 total information in your packet. It does, however, add to the packet bulk. If City Council is receptive, we could place all applicant requests to table on the consent agenda, including only the letter from the applicant. We could make you aware of the tabling in my memo and discuss any related issues in the memo text. Not including the report and related packet information would save us staff time and you review time and volume in your packet. 20.Agenda Item No. 7G. ZA 98-083, Plat Showing of Lots 12, 13, and 14, O.W. Knight No. 800 Addition. Same as above. The applicant has requested that this item also be tabled until the Council meeting on October 6, 1998. 21. Agenda Item No. 7H. Ordinance No. 480-286, 2nd reading (ZA 98-073), Rezoning for SheltonWood. At the time of writing this memo (Friday), the applicant is anticipating the submittal of his HEC II hydrologic analysis to Public Works but has not yet done so. Staff has made him aware that there is a high likelihood of tabling by Council until the Public Works staff has an opportunity to review the drainage submittals. It is his desire to address the Council regarding his application. Feel free to contact Dennis Killough regarding plat questions or Charlie Thomas regarding drainage questions. 22. Agenda Item No. 7I. ZA 98-074, Preliminary Plat for SheltonWood. See comments for 7H above. 23. Agenda Item No. 7J. Ordinance No. 480-288, 2nd reading (ZA 98-062), Rezoning and Site Plan for Park Place Pet Hospital. There have been no changes in this application since Council approval of the first reading 6-0. Feel free to contact Dennis Killough should you have any questions regarding this application. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 15 of 27 24. Agenda Item No. 7K. Ordinance No. 480-289, 2nd reading (ZA 98-088), Rezoning on property legally described as Lot 2, Cash Acres Addition. There have been no changes in this application since Council approval of the first reading on consent 7- 0. Feel free to contact Dennis Killough should you have any questions regarding this application. 25.Agenda Item No. 8A. Ordinance No. 480-290, 1st reading (ZA 98-094), Rezoning and Concept Plan for Gateway Plaza. This is a fairly complex project involving a variety of issues. The Planning and Zoning Commission recommended approval 7- 0 with modifications as noted in the P&Z minutes as well as the Concept Plan Review Summary. A couple of clarifications need to be made that have arisen since evaluation by the Commission. First, you will note that the tree survey included in your packet does not match exactly the concept plan in your packet. The concept L plan was revised late in the week to address some issues and the tree survey did not get revised. The differences are fairly minor and mostly involve driveway locations. The second issue stems from P & Z's recommendation that the service station not be located at the "entrance" to the City on the easternmost portion of the site. They recommended that the service station be located at the intersection of F.M. 1709 and "new" Commerce Street (as it would extend north across F.M. 1709). Recall that the SUP for gasoline service stations requires that they be located at "signalized arterial intersections as defined in the City's Master Thoroughfare Plan ("MTP")". Technically, the issue becomes whether or not "new" Commerce Street is an arterial or a collector. The only other time an issue similar to this arose was with the Village Center road crossing through that development. Although the cross section was also an A4U we considered it as a "commercial collector" because it did not continue via a significant roadway beyond the connections to FM 1709 or Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest j September 11, 1998 Page 16 of 27 SH 114. This project is somewhat different in that it does connect to the west end of Northwest Highway coming out of Grapevine. We have reviewed the plan submitted to Council based on the arterial designation. Another issue that may deserve further evaluation is the P&Z recommendation to include the building renderings with the approval of the Concept Plan. We have often had elevations submitted with a concept plan as a "vision" of what is to be developed but typically the fmal determination of the building facades is left to the site plan stage. Director Last has a concern that there may be a question as to whether or not the elevations are a part of the SP2 zoning if they are incorporated at this time. Then the question becomes in the future, if they desire to change an elevation to accommodate a tenant, is it a change in the zoning? It is his recommendation that the elevations be recognized as character sketches for the (IIire development but not be included in the zoning approval. Should you have particular desires towards materials, etc., these could be incorporated in the SP2 zoning approval. Feel free to contact Dennis Killough, Karen Gandy or Greg Last should you have any questions regarding this application. 26. Agenda Item No. 8B. Resolution No. 98-63 (ZA 98-095), Specific Use Permit for a gasoline service station with a convenience store and car wash. The Planning and Zoning Commission recommended denial 6-1 of this request due mostly to the location of the facility at the entrance to the city. They seemed to prefer a location along FM 1709 near the "new" Commerce road extension. As mentioned in the previous item, this new road could very easily be considered an arterial due to the cross section and the road's function, so the relocation may be appropriate from a technical compliance standpoint. Should this be acceptable to the Council, it still Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 17 of 27 cannot be consummated within this request. A new application would have to be submitted and processed at the new location. As a refresher, recall that, although there is a recommendation for denial by the Commission a super majority vote is not required for Council approval of the SUP. Feel free to contact Dennis Killough or Karen Gandy should you have questions regarding this application. 27.Agenda Item No. 10A. Authorization to advertise for bids for the signalization of the intersection of F.M. 1709 and Commerce Street. At the request of Mayor Stacy, this item has been placed on your agenda for reconsideration. This item only authorizes staff to bid the project. If approved, City Council would still have to vote to award the bid and authorize installation. 28.Agenda Item No. 10B. Sign Ordinance appeal for a sign for PetsMart located at 200 Village Center Drive, Southlake. The applicant submitted a request for variance from the sign ordinance to allow for a sign stating "State Line Tack" with a horse logo above the words. As indicated in Director of Public Safety Billy Campbell's memo, this request was submitted prior to the adoption of Ordinance No. 704, and therefore falls under the guidelines of Ordinance No. 506. This is an issue we can discuss in Executive Session on Tuesday. In February, while the building was under construction, a previous request for a larger sign on the front of the building and additional signage along the side of the building was turned down by the City Council. Please contact Billy Campbell if you have any questions regarding this item. 29.Agenda Item No. 11A. Policy for speed humps and other neighborhood traffic calming devices. This item is a carry over from the September 1 meeting. As you know, Councilmember Kendall requested that this item be discussed by Council to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • September 11, 1998 Page 18 of 27 look at various "traffic calming practices" utilized by cities in the United States. The policy that you adopted at a previous Council meeting provides a formal process for citizens to recommend stop signs, slower speed limits, etc. Lately, we have received more inquiries about the utility of speed humps. You received information in your last packet, so we have not duplicated it for your review in this packet; however, if you need another copy either let us know before the meeting or ask for one of the additional copies we will have available at the meeting. We also plan to have copies of the Dallas and Fort Worth policies available. We will discuss this item in general at the September 15 meeting, but are hoping to schedule a work session in early October to discuss this and similar issues. This would give staff the time we need to complete thorough research, which will be critical given the potential ramifications of installing speed humps. 30. Agenda Item No. 11B. Ordinance No. 716, Establishing a Library Board. Establishing a Library Board will help the City begin planning the type of library services needed and desired by the residents. As indicated by Interim Director of Parks & Recreation Kevin Hugman, this board needs to be formed soon to begin the planning necessary for the 12,000 square foot library which will be constructed in the Town Hall. Similar to other boards and commissions, the Library Board will act in an advisory capacity to the City Council in all matters pertaining to library services. Please contact myself of Kevin Hugman regarding your comments and/or questions about this item. L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Li September 11, 1998 Page 19 of 27 Other Items of Interest 31. Smoking Ordinance. As we have previously discussed, we need to address changes to the Smoking Ordinance to ensure a comfortable environment for patrons of local eating establishments before we experience an influx of new restaurants into our city. This modification to our ordinance would be fairly easy to make. Our plan is to propose separate ventilation systems and a limit to the area which can be designated as a smoking area. We have contemplated bringing this forward to you for consideration at your last few Council meetings, but the size of the agenda has precluded us from doing so. Given what we know is about to happen, we are at the point where we need to do something if we are going to make changes. Our research has "uncovered" several other issues, which we believe you may be (hir' interested in addressing in the amendment to this ordinance. As such, our current plans are to bring the ordinance to you at the first meeting in October, with comprehensive changes. The matrix attached to my memo delineates the provisions contained in ordinances from other cities. If you are interested in this topic, please review the matrix and provide feedback to Shana Yelverton. 32.Garland Receives Award. Deputy Director of Fire Services Garland Wilson was nominated as the 1998 Fire Chief of the Year, presented by the Texas Fire Chiefs Association. He was one of six fire chiefs in the state to be nominated for this award. The other nominees represented the cities of Village, Wylie, Plano, and South Montgomery County. The City of Lewisville's Fire Chief was selected as this year's winner. Garland received an Outstanding Achievement Award at the ceremony held August 22 in Arlington. We are proud to have him on staff and commend his leadership in the Fire Services Division. L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 20 of 27 33. Crime Control District Sites/Activity. The Board of Directors for the Southlake Crime Control and Prevention District continue to work toward acquiring property for the three DPS sites. Offers are currently being taken to the property owners of the north and west sites. We are awaiting the appraisal for the proposed east site. Questions about the Board's activities may be directed to Shana Yelverton or Billy Campbell. 34.Joint SPDC/Park Board Meeting. Following the regular SPDC meeting on Monday, September 28, there will be a joint meeting of the Park Board and SPDC at 7:00 p.m. The purpose of the joint meeting will be to discuss the Land Acquisition Plan for parks, and to develop the five-year Parks Capital Projects Plan. As you are probably aware, staff has been working on these plans for some months (we and is ready to bring them forward for consideration and adoption by SPDC. This will be the first joint meeting between these two boards. If you have any questions, please feel free to contact Interim Director of Parks and Recreation Kevin Hugman or Finance Director Lou Ann Heath. 35. Upcoming Events. The following lists some of the upcoming events in the community and scheduled meetings. • September 16 - 24 - Sister Cities Trip to Toyoma, (CEH return on the 21S`) • September 17 - Metroport Cities Partnership regular meeting at Southlake City Hall • September 19 and 20 - Race Weekend • September 24 - Metroport Cities Partnership hearing before the Texas Transportation Commission, Austin • September 24 - SPIN #5 meeting - Bob Whitehead will discuss the Master Thoroughfare Plan as it relates to the widening of Dove Road. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 21 of 27 • September 28 - Joint SPDC/Park Board Meeting , 7:00 p.m. Council Chambers • September 28 - Chamber Luncheon, 11:30 p.m. Marriott Solana • October 3, Southlake Stake-out, 6:30 p.m. at the Marriott Solana • November 12 - SPIN Planning & Zoning Academy, Council Chambers Note that the TML conference in San Antonio is coming up October 28-31. In order to secure a better cost for the Conference, registration must be completed prior to October 1. Hotel registration has already become difficult, so it is important to make arrangements as soon as possible. (A copy of the program is attached for your information.) Please let Sandy know if you would like to attend. I would encourage you to go, if for no other reason than to fine out what other cities are doing on various items. 36. Upcoming SYAC projects. There are a total of 88 students who have e joined the Southlake Youth Action Commission!! Last Tuesday night the SYAC officers participated in the Carroll High School Activities Night which resulted in 34 additional SYAC members. I am very excited about this level of interest from the youth to get involved in the community. The meetings will be structured to ensure all members have the opportunity to participate in the meetings and community service projects. There will likely be additional meetings to accommodate the busy schedules of today's youth. Currently, SYAC meets the 151 and 3rd Wednesday of every month. At their upcoming meeting on September 16, SYAC will consider an additional day of the week to meet. On September 19, SYAC will participate in the annual ropes course. Approximately 35 members have signed up to participate in the event, but this number is likely to increase with the recent surge in membership. The ropes course is an excellent way to start the year by encouraging teamwork and providing the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 22 of 27 opportunity for members to develop their leadership skills. The ropes course provides mentally and physically challenging exercises to develop trust, communication and interdependence among the members. 37. Drug and Alcohol Awareness Committee. The Drug and Alcohol Awareness Committee will be presenting their recommendations to the CISD on Monday, September 21 and to the City Council at the regularly scheduled meeting on Tuesday, October 6. The committee has worked over the past year on developing these recommendations and is anxious to present them to the two governing bodies. 38. Michael Drive History. The history of Michael Drive and the small industrial park adjacent to it is long and complex, and surfaces occasionally as we discuss code enforcement, as well as development of the area. Now that Michael Drive is once ikspe again a topic of conversation, a brief history of the area may be helpful as we discuss our plans for the future. Staff is in the process of preparing a report, and we plan to place the item on the agenda of the upcoming work session in October. 39. North White Chapel Reconstruction Schedule. Construction began on September 8 for the portion of North White Chapel Road from Dove Road to the county line. It is anticipated to take 2 1/2 months to complete this reconstruction project. As you recall this is a cooperative project between the City of Southlake and Tarrant County in which the City is providing the materials and the County is providing the labor and equipment to complete the work. 40. Park Development Activity Update. Bicentennial Park Expansion, Phase II -- Pittman Construction, the contractor for the site work and utilities, is performing surveying and construction staking. We anticipate they will begin moving dirt next C Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 23 of 27 week and will take approximately 4-6 weeks to complete their portion of the project. Bob Jones Park -- The Grapevine-Southlake Soccer Association will begin play on some of the fields this Saturday, September 12. There will be two 6 and under fields, two 8 and under fields and one 10 and under field ready for play. Work on the pipe rail fence continues, the irrigation system is installed, and staff will seek bids again for the water well construction. Design work on the pavilion and playground is essentially complete, but we are waiting on resolution of the Texas Parks and Wildlife grant contract. Lonesome Dove Park -- The developer has installed a wood rail fence and made some of the other improvements that were agreed upon with the City. Staff had L, reached an agreement with the Dove Estates homeowners to wait until fall to plant the shrubs along the fence. 41.Keep Southlake Beautiful Elections. KSB recently held their elections for officers of the Board. Tod Radford was elected president, Pamela Muller was elected vice- president, Caroline Havens as secretary, and Mike Lease will again be the treasurer. Public Works Administrative Intern Courtney Queen is providing staff support to KSB on a temporary basis until we fill the Community Services Coordinator position vacated when Shelli Siemer was promoted. Courtney is working under the direction of Kevin Hugman. 42.Traffic Signal Phasing Revisions on FM 1709. Because we have opposing left turn lanes at Village Center Drive, Southridge Lakes/Waterford, and North/ South Peytonville, TxDOT has agreed to change the signals from split to concurrent phasing. This change will allow more time on each signal cycle for traffic to cross Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 24 of 27 or enter FM 1709 at these three intersections. This change will allow left turn movement on green lights without an arrow at Peytonville. 43. Impervious Coverage. This item normally would have appeared on this Council agenda. We felt it would be more appropriate to consider this item when Councilmember Fawks could be present given his extensive involvement in the development of the ordinance. It will be placed on the next Council agenda. Feel free to contact Karen Gandy should you have any questions regarding the ordinance. 44. Economic Development Activities. Following are some recent activities from the Economic Development staff. Feel free to contact Kate Barlow or Director Last if you have questions or would like additional information. L • NTCAR Exhibit. Greg and Kate participated in the North Texas Commercial Association of Realtors (NTCAR) Exhibit on Monday, August 31, at the Hotel InterContinental Dallas from 4-8 pm. Over 250 people visited the Southlake booth with only one or two not familiar with Southlake. Compared to 1997, participants remained at the event longer, and registration for the event surpassed 1000. Other nearby communities participating included Grapevine, North Richland Hills, Hurst, Euless and Bedford. • Chamber Board Report. Attached is the September 1998 Chamber of Commerce report including the August 1998 OED Monthly Fact Column and a copy of the City's first economic development related ad which ran in the September 4-10, 1998 Dallas Business Journal on page C17 within the Technology Quarterly special report. They provided us with several courtesy copies of the Journal and we have forwarded a copy to you for your review. • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 25 of 27 Additionally, staff reported plans to produce, in conjunction with other Northeast Tarrant County economic development professionals, a Northeast Tarrant County Fast Facts that will be unveiled at the Northeast Leadership Forum-sponsored Heart of_North Texas Outlook Conference scheduled for November 6, 1998 at TCJC. Southlake will be spearheading this project. • Southlake Economic Report. The Summer 1998 newsletter was mailed to over 1,500 recipients last week. Recipients include Southlake businesses and economic development contacts. 45. Bleachers at Carroll Stadium. We need to bring to your attention a situation that occurred yesterday, September 10, concerning the CISD and public safety. DPS received a call from our SRO about the conditions of temporary bleachers that the CISD had placed at Carroll football stadium. Upon inspection it was determined that the bleachers were in violation of the building code and presented a serious hazard. Dr. Gillum was contacted by Deputy Director Gary Gregg and later, by me, and told of the situation. When contacted by Gary, Dr. Gillum was quite upset and wanted to know "why now" among other things. DPS brought me a copy of the letter to be delivered to Dr. Gillum for my review, and I called Ted as they were delivering the letter to him. (See copy attached.) It is a long story, but by the time I talked to Ted he was handling the situation somewhat better. We felt like we had to make the school aware of the situation in case something happened, since we are the agency responsible for enforcing the codes in Southlake. Once the CISD was notified, the burden shifted from us to them. We received an e- mail message from DPS as we were preparing this memo. It reads as follows: L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 26 of 27 City Planner Charles Bloomberg and Fire Marshall Bruce Muller reinspected the temporary bleachers at the stadium and have approved them for use. They have agreed to have their structural engineer give us a written report next week. The bleacher company inspects and performs any necessary maintenance before each game during the season. I stopped by Dr. Gillum's- office and personally thanked him for his assistance in getting the issue resolved. I believe we now have a much safer situation. 46.Also attached is: • thank you notes • a calendar of upcoming meetings and events (bre till Staff Extension Numbers: Barlow, Kate, Economic Development Specialist, ext. 776 Bloomberg, Chuck, Plans Examiner, ext. 747 Campbell, Billy, Director DPS, ext. 730 Carpenter, Chris, Planner, ext. 866 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, City Engineer, ext. 779 Hawk, Curtis E., ext. 701 Heath, Lou Ann, Director of Finance, ext. 716 Henry, Ben, Parks Planning and Construction Superintendent, ext. 824 Hugman, Kevin, Interim Parks and Recreation Director, ext. 757 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Community Development Director, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Jackson, Malcolm, DPS Administrative Coordinator, ext. 726 Safranek, Lauren, Director of Human Resources, ext. 836 Sarakaitis, Stefanie, Comprehensive Planner, ext. 753 Siemer, Shelli, Assistant to the City Manager, ext. 806 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest September 11, 1998 Page 27 of 27 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\98-09-15.doc L L c., ,_ ce, L Co m COO ti e- cM to T- N .I j ..a. 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RECENT DEVELOPMENT APPROVALS • August 18, 1998: Council approved the site plan for Block 1, Lots 3R1 and 3R2 of Georgetown Park at the south side of East Southlake Boulevard approximately 800' east of South Kimball Avenue. • August 18, 1998: Council approved the concept plan for the easternmost lot of the northwest corner of Diamond Boulevard and East Southlake Boulevard. Current zoning is "0-1" Office District. • August 18, 1998: Council approved the rezoning for Loch Meadow Estates approximately 250' east of the intersection of Ridgecrest Drive and Woodland Drive. • September 1, 1998: Council approved the site plan for Kimball Crossing north of East Southlake Boulevard, east of North Kimball Avenue, and approximately 300' south of S.H. 114. Council also approved the Specific Use Permit for Outside Storage of Plants or Other Greenery as part of a retail operation for this project (Lowe's). • September 8, 1998: Council approved the site plan for Rustin Park within Southlake Town Square which includes the band shell. DEVELOPMENT UPDATES • Southlake Town Square: On August 18, City Council approved the selections of David Schwarz Associates and Urban Architecture as design architect and Architect of Record, respectively. REGULATORY ISSUES • Impervious Coverage Ordinance: Council is expected to hear the first reading of this ordinance at their September 15, 1998 meeting. Staff contact: Karen Gandy, Zoning Administrator, 481-5581, ext. 743. • Sexually Oriented Business (SOB) Ordinance: Staff is continuing to work on the required study which precedes the adoption of a new SOB ordinance. The moratorium has been extended through February 13, 1999. Staff contact: Karen Gandy, Zoning Administrator, 481-5581, ext. 743. Chamber of Commerce Report September 9, 1998 Page 1 .+�+s . ,, .. .,w .�.._. , - .. ....ems^ r ^ma's. • Outside Storage and Outdoor Display Work Group: This newly formed work group will address the amount of outdoor storage/display permitted, the appropriate location of such, and the preferred methods of screening. This work group will include corporate retailers, elected and appointed officials. and staff. Staff contact: Karen Gandy, Zoning Administrator, 481- 5581. ext. 743. • Sign Ordinance Update: Council approved changes to the sign ordinance on second reading at the September 1, 1998 meeting. Major changes includes a reduction of area for attached signs and monument signs, elimination of prohibited signs and certain other types, and the addition of various types of signs. Staff contact: Stefanie Sarakaitis, Comprehensive Planner, 481-5581, ext. 753. • Outdoor Water Conservation Measures: Effective August 26, the city returned to voluntary measures. Residents and businesses are asked to continue observing the following schedule. Odd number addresses water ONLY on Wednesday, Friday and Sunday. Even numbered addresses water ONLY on Tuesday, Thursday, and Saturday. All outdoor watering should be done between 4:00 a.m. to 8:00 a.m., and 8:00 p.m. to 10:00 p.m. No outdoor watering on Mondays. This schedule does not apply to those with private water wells. STAFF PROJECT UPDATES • NTCAR Expo: Economic Development staff participated in the North Texas Commercial Association of Realtors Expo on Monday, August 31, from 4 to 8 p.m. Approximately 250 people visited the Southlake booth, with positive response received. • Dallas Business Journal (DBJ) Ad: The City of Southlake has placed its first economic development related ad in the September 4-10, 1998 issue. A copy of the ad is attached; the ad can be found in the Technology Quarterly (third section) of page C17. Currently, staff anticipates placing similar ads in the DBJ and The Business Press periodically during FY99. • Northeast Tarrant County Fast Facts: Northeast Tarrant County economic development professionals are planning to develop a summary of Northeast Tarrant County facts for distribution at the Northeast Leadership Forum-sponsored Heart of North Texas Outlook Conference scheduled for November 6, 1998 at TCJC. The information will also be shared with area chambers and other interested parties. This group of professionals gathers quarterly to discuss activities occurring within our communities and overall economic development issues. INTERESTING DATA • Residential Permits: 42 issued in August; Average Permit Value for 1998 is $265,100. • Commercial Permits: 3 permits issued in August including 26,994 SF at 1600 E. Southlake Blvd. for The Roomstore within Village Center; 14,500 SF at 2485 E. Southlake Blvd. within Georgetown Park; and 5,997 SF at 325 Miron Drive. Chamber of Commerce Report September 9, 1998 Page 2 C • General Fund Sales Tax Revenues: July 1998 collections totaled $274,072; Fiscal Year to date up 33.4%. • Monthly Fact Column: Attached is the August 1998 Office of Economic Development Monthly Fact Column distributed to area media. FUTURE EVENTS • City Budget: The second public hearing of the FY99 annual budget will be held at the September 15, 1998 city council meeting. For further information contact: Community Development Department Phone: (817) 481-5581 / Fax: (817) 488-9370 Greg Last, Community Development Director, ext. 744 Kate Barlow, Economic Development Specialist, ext. 776 Attachments: • August 1998 OED Monthly Fact Column • Copy of the Southlake ad placed in the September 4-10, 1998 Dallas Business Journal on page C17. Copies To: City Council Planning and Zoning Commission Curtis E. Hawk, City Manager C Chamber of Commerce Report September 9, 1998 Page 3 r 1/8h 'Excellence" 8/28/98 10:31 Prlt1 Page 1 ,.p.- ., „, ,What.•simpo•tanI to-your real estate decision/. .." 6;,3_, . .rc`,!,' NI"a..e.. '^,46411016-ir•:RF:.+', 1. --.5-11R_ (--. Location, Location, & Quality of Life! •Centrally located along S.H.114 between DFW Airport&Affiance Business Park ,. •Excellent labor force due to convenient I commute and population grox : .z. ' , 0 •Excellent neighborhoods , nt to , Q shopping,sporting&cuair, ' r i� •Served by school districts „ •"1 •� 1, academic and extra-cu .,�• t .._ , _- x 1 e -`-_ _ City of ,„ r i! O(6ce ofE" " 4, , a, 4 �uthlak 667 Ro th ' f ... * 817.481.5 Y;"� `" >..!'T` x C . X City of Southlake,Texas Office of Economic Development Monthly Fact Column Volume 8, August 1998 1. How does an individual or business obtain a sales tax permit? Every person, partnership, corporation, or other organization selling, renting, or leasing taxable items in Texas must have a Sales Tax Permit. A local office of the Texas Comptroller of Public Accounts is located at 4040 Fossil Creek Boulevard, Suite 100, in Fort Worth. The phone number is 817/847-6201. Applicants may also contact the Texas Comptroller's Office in Austin at 800/252-5555 for information. 2. What entity should an organization contact if they are considering incorporation? A business is required to incorporate if it will operate as a corporation or a foreign corporation interested in conducting business in Texas. To obtain information, contact the Texas Secretary of State, Corporation Section, at 512/463-5555. Application forms can be obtained by calling 900/263-0060, or visiting the following homepage: www.sos.state.tx.us/. For $25, an applicant may purchase a Secretary of the State publication entitled Filing Guide which provides guidelines for business organization document filing requirements along with administrative rules and sample forms. C Office of Economic Development Monthly Fact Column Volume 8,August 1998 Page 2 3. If I want to start a business in Southlake. what information can OED provide? The City of Southlake Office of Economic Development publishes the following resources that may be useful when planning or starting a business. Southlake Fast Facts and Southlake Community Profile provide demographic information, along with general information on available space, community development issues, transportation, utilities, economic policies, and local major employers. The Southlake Business Development Guide provides information on how to start a business in Southlake including various local, county, and state regulatory agencies. OED publishes a quarterly newsletter, Southlake Economic Report, that provides information on new Southlake businesses and developments, city regulations, and other items of interest for Southlake businesses. The Southlake Site Inventory Guide identifies property advertised for sale along Southlake's major corridors. Additionally, the city conducts an annual traffic count of over 100 locations throughout the city that is available at no charge, and provides various ordinances and maps at cost that are available through the city's Community Development department. The Office of Economic Development can be reached at 817/481-5581 ext. 776. C Office of Economic Development Monthly Fact Column Volume 8,August 1998 Page 3 4. What is the Smart Jobs program? The Smart Jobs Fund awards grants to Texas businesses to provide customized training for their employees. Businesses are eligible to apply if they 1/ have been in existence for at least one year, 2/ have at least one employee, 3/ are current on all taxes, and 4/ have demonstrated financial soundness. Employers may train existing or new employees within this program, and are required to provide some form of matching cost (in-kind contribution) based on size of the business. For 1997, Tarrant County businesses received approximately $2 million in Smart Jobs Fund to train over 950 employees. This program is administered by the Texas Department of Economic Development; their phone number is 800/888-0511 and their web site is www.tded.state.tx.us/smartjobs/. Applications are available on disk or the Internet, and assistance is available for completing a grant application. Through consortia partnerships, businesses, particularly ' small businesses, are able to combine efforts with other businesses and community colleges, trade schools, or non-profit organizations to maintain responsibility for g P g applying for a grant on behalf of the consortium, administering the grant, and providing the training. .„. eik . ._ _... .. City of Southlake _____A outhlalC- September 10, 1998 Mayor. Dr. Ted Gillum, Superintendent Rick Stacy Carroll Independent School District Mayor Pro Tern: 3051 Dove Road W.Ralph Evans Grapevine,Texas 76051 Deputy Mayor Pro Tern: Scott F.Martin Councilmembers: Subject: Temporary Bleachers at Carroll Stadium Wayne Moffat Ronnie Kendall Debra Edmondson Gary Fawks Dear Dr. Gillum: - City Manager. Curtis E.Hawk The temporary bleachers at the Carroll Stadium were called to the attention of - the Fire Marshal and he called the Building Official's office this morning. Assistant City Manager. (0116 K.Yelverton We met at the site and found two sets of temporary bleachers each capable of ecretary: holdinga little over 200 people. I was told the school district has rented these Sandra L.LeGrand for the third season although to my knowledge the Building and Fire departments have been unaware of their use in the past. The seating has been previously used several times. I am not aware of what company they are rented from but my judgement is they have poor quality control of their installers. Scaffolding on construction sites regulated under OSHA is put together much better. The Police and Fire Departments are photographing and videotaping the seating to document its condition. While there I made the following list of violations of code. Upon receipt of properly detailed plans it is likely that additional corrections may be needed. 1. Structures were erected without permit or approved plans. 2. The Texas Engineering Practice Act regulates this installation as public work and as such shall be done under the plans and supervision of a registered professional engineer. 3. The steps up to the bleachers shall be a minimum of 2x12 treads instead of the 2x10's provided. Risers must be provided where necessary to prevent someone from stepping through and injuring a foot or leg. 4. The minimum aisle width is 48 inches when serving seating on both sides.Trim seat ends accordingly. 5. The guardrail fence is incomplete at both ends. It must be completed. 6. Toeboards are not provided where required. 667 N. Carroll Ave. • Southlake, Texas 76092 (817)481-5581 . FAX(817)488-5097 AN EQUAL OPPORTUNITY EMPLOYER" 7. The vertical members are missing under the seats to fill the opening where a person could climb or fall through to below. 8. The handrails at the stairways do not have approved safety terminations and are not rigidly braced. 9. Many bolts have projecting sharp edges.Also there are missing bolts at various necessary places. 10. There is loose cross bracing underneath throughout the structures. 11. The base of the steps on the west(visitor)side terminates too close to the fence,not providing the required clear aisle width. 12. The various scraps of wood provided for bearing plates on the ground are not acceptable.Bearing plates shall be attached to the bottom of the posts and shall be designed for the loads imposed. Due to the conditions outlined above I hereby declare the temporary bleachers unsafe. You are hereby directed to remove the bleachers or adequately sign and barricade them using school personnel necessary to prevent them from being occupied. This must be accomplished prior to the next stadium event, which I expect is Friday evening's football game. We understand and are sympathetic to-your need for additional seating. I ask you to understand that we do not object to the use of temporary bleachers on this site provided they are code complying and are properly permitted and installed. L Sincerely, Charles Bloomberg, C. B. O. Acting Building Official CB cc: Paul Ward, Building Official Billy Campbell, Director of Public Safety L City of South lake `)UthL lC�1C September 10, 1998 Mayor: Dr. Ted Gillum, Superintendent Rick Stacy Carroll Independent School District Mayor Pro Tern: 3051 Dove Road W.Ralph Evans Grapevine,Texas 76051 Deputy Mayor Pro Tern: Scott F.Martin Councilmembers: Subject: Temporary Bleachers at Carroll Stadium Wayne Moffat Ronnie Kendall Debra Edmondson Gary Fawks Dear Dr. Gillum: City Manager: Curtis E.Hawk The temporary bleachers at the Carroll Stadium were called to the attention of • the Fire Marshal and he called the Building Official's office this morning. Assistant City Manager: LK.Yelverton We met at the site and found two sets of temporary bleachers each capable of cretary: holdinga littleover 200people. I was told the school district has rented these Sandra L.LeGrand for the third season although to my knowledge the Building and Fire departments have been unaware of their use in the past. The seating has been previously used several times. I am not aware of what company they are rented from but my judgement is they have poor quality control of their installers. Scaffolding on construction sites regulated under OSHA is put together much better. The Police and Fire Departments are photographing and videotaping the seating to document its condition. While there I made the following list of violations of code. Upon receipt of properly detailed plans it is likely that additional corrections may be needed. 1. Structures were erected without permit or approved plans. 2. The Texas Engineering Practice Act regulates this installation as public work and as such shall be done under the plans and supervision of a registered professional engineer. 3. The steps up to the bleachers shall be a minimum of 2x 12 treads instead of the 2x10's provided. Risers must be provided where necessary to prevent someone from stepping through and injuring a foot or leg. 4. The minimum aisle width is 48 inches when serving seating on both sides.Trim seat ends accordingly. 5. The guardrail fence is incomplete at both ends.It must be completed. (kirr'• 6. Toeboards are not provided where required. 667 N. Carroll Ave. . Southlake,Texas 76092 (817)481-5581 . FAX(817)488-5097 AN EQUAL OPPORTUNITY EMPLOYER" 7. The vertical members are missing under the seats to fill the opening where a person could climb or fall through to below. 8. The handrails at the stairways do not have approved safety terminations and are not rigidly braced. 9. Many bolts have projecting sharp edges.Also there are missing bolts at various necessary places. 10. There is loose cross bracing underneath throughout the structures. 1 1. The base of the steps on the west(visitor)side terminates too close to the fence,not providing the required clear aisle width. 12. The various scraps of wood provided for bearing plates on the ground are not acceptable.Bearing plates shall be attached to the bottom of the posts and shall be designed for the loads imposed. Due to the conditions outlined above I hereby declare the temporary bleachers unsafe. You are hereby directed to remove the bleachers or adequately sign and barricade them using school personnel necessary to prevent them from being occupied. This must be accomplished prior to the next stadium event, which I expect is Friday evening's football game. We understand and are sympathetic to-your need for additional seating. I ask you to understand that we do not object to the use of temporary bleachers on this site provided they are code complying and are properly permitted and installed. L Sincerely, Gi‘ dam,,... Charles Bloomberg, C. B. O. Acting Building Official CB cc: Paul Ward, Building Official Billy Campbell,Director of Public Safety L a- t 1 ' k* ' 'i.: jP. . .' , iitt' •r•-•.. 4 • ..: ,.....,.. '7,: 4. . ' . :14,4'''' ;r , IF C ' .' ..1 •• ... .. . v. THANKS ... • : . „:,.... ..,....43„:t .. , � „., -, .... .�- i 4 4 .. .. .... r ��[ �'(.... w tr 4 • .. iiKi, ., _ ... ...... „Litt , :„.. . . ! J „,_ `\ \( 5 ,A )k`ic" _____ ,,,,,,j-- , „,,,,, ,4 .e., i, .., ,,.4„4., ,,...,,,_ :i., ,... ,,,,,,,, iii..., „,,,,,.., a...7,...,6 p-usx- /0407z-ia-/- e_eQ cc.4..., A aAL Itzi firrile-f--e-A--e-- • . .A1-71-etn-e-e-d---i, . /-1--u- /3gf. cf- 11)71-d• 14-11-1 1ai - ) Xi .>:IT!'+9'`J3L'LW' g+" ♦ .�.. '� r.4' " �A,iC /... .. �i".'.'t0.. �` L."•P'•C.'R� � F ! - 27 August, 1998 Chief of Police Southiake Department of Public Safety Dear Sir: On the morning of August 27, 1998, I had the unfortunate dilemma of having a flat tire in my SUV. Since I have never had to change a tire, I was quite per- plexed in what to do. Well, along came officer Quentin Watkins. Being a dedi- cated officer, he insisted on changing the tire and getting g g g n me on the road again. I can not tell you how appreciative I am for his assistance. Please give him a big HOO-RAY for me! Keep up the good work, we appreciate the tremendous job you are doing in keeping Southiake safe. 40,,a4,e 1205 Twin Creek Southiake, Texas C When 2 must leave you Robert !. "Bob" Carper for a little while, Please go on bravely November 21, 1920 — ,uly 29, 1998 with a gallant smile And for my sake and in my name, Live on and do all things the same — Graveside Services Spend not your life in empty days, 91'oncfay, August 3, 1998 But fill each waking hour 10:00 am in useful ways — Bluebonnet Sills Memorial Park, Reach out your hand Colleyvilfe, Texas in comfort and in cheer, And 2 in turn will comfort you and*hold you near. . .. {ftC h-. +. 7. Helen Steiner Rice Rev.'�erry Cashion - k:k .�a- C ,J,?_____.,.c 6-47---c---"L} __„._„, c2„;_, 0- - .e_e_,L.../4_ __4_,L, .-eiziazi-c.„. .Te..„,c_...„.., ....... _T.:4...e_, et-fret,_,...106 YL-6-4;-: , c. Z,e 3 „..„:„....„...„ .�.2„, �S�dam" ,, _,,�� u� G' c _ 71 t1 "►� .-*, , Menlo :. :. 4-41/4 i ,s= '". - *, , - arm. /4$ r' w RESULTS tit tft noN ca0' 8uly 20, 1998 9�Is. 'Vickie 9less-9)1iller (Soutblake Tire(Services 667 Sr. Carroll Wvenue cSouthlake, c19C 76092 Dear Ws. Willer, The 9lle1`roplex re (Safe% educators cissociation would like to thank you for your recent contribution to the 1998 Texas Tire (Service (Public educators Conference. Tour Tire (Safety (}louse was a great addition to our "(Show & Tell" evening. The generosity of you and your organization helped make ibis years conference a succats. Tour outstanding support is greatly appreciated. (Sincerely, .einda Osborn. (President Wetroplex Tire(Safety educators 9ssociation C City of Southlake,Texas �g�r.y�r ..... •- .' .q•,. ,-,,...,.. 'i.}t, 'sue^,fid.— .... 4 s t,:. :.1 t - ).L '",3+'"< ':..f3i a<r; o.„A . :-s/AT..='y.'7 rAfiT'1.^ t 3.'_— -'.."4t. MEMORANDUM August 12, 1998 I2IIL1UY5),,,,...I1PlarzEr- r TO: Billy Campbell, Director of Public Safety - :�._ ,'' FROM: Lauren Safranek, Director of Human Resources - -- _ _......... SUBJECT: Appreciation of Mario Cmet's Assistance I just wanted to take a moment to recognize Mario Cmet's helpfulness in my recent employment investigation, and to thank you for lending him to me for this task. Mario's translation abilities greatly aided this investigation, and I did not want that to go unrecognized. This type of willingness to help whenever needed is what sets the City of Southlake apart from so many other Cities, and what gives the Department of Public Safety the exemplary reputation for which it is known. For Mario to assist with an employment investigation that had nothing to do with him or DPS after a 12 hour shift, speaks well of him and the helpful nature of DPS. Thank you. `% OP LDS cc: Shana Yelverton, Assistant City Manager 9 ,tc,9g August 24, 1998 Southiake DPS I do not really know how to begin this letter of thanks to you. There are many of you that we owe individual thanks to, but this letter is to you as a group. Before June 6, 1998, I had no idea the composition of your police department. You seemed like a good group of people for David to work with, but that was about the extent of it. Today I know that you are a caring, compassionate, encouraging and unselfish group of extraordinary people who pull together at any cost for each other. I cannot tell you how much your support has meant to David and I over the last few months. There is absolutely nothing more that we could have asked for. You have been such an encouragement to me as well as David. I have told many of you privately that I truly believe that you are the number one force that is pushing David to full recovery. He wants to be back with you all more than anything. I see his heart fill with pride when any of you are around. I have seen the tears in his eyes as he has worn the pages of the photo album you made for him. I remember that the first word he said after we realized the extent of his injury was POLICE. You all are what he is all about. You are his extended family, and for that I am grateful. I would like to take this opportunity to thank those of you who have donated your PTO to David. I understand that it is anonymously done so we can never thank you personally, but your generosity is overwhelming. Words cannot express the feeling David and I share toward your generosity. To those of you who have taken your personal days off to visit with us, or eat lunch with David—Thank You. At a time like this, when people are absolutely going way above and beyond, it is truly hard to express what your heart feels. David has said several times, "How will I repay these people?" I just tell him that he may never, just be very grateful; and he is. You cannot imagine how much support each of you are to him. You are the encouragement and constant reminder that he needs to be back at what he loves doing. cs) Thank you and we appreciate each of you, D PAN ID 641,0 41"c b • • ‘,iri 1.4 The Solana Club Mai.A / rn•s• Ii C?.Stt•, July 27, 1998 Dear Victoria Hess-Miller and staff, I would lice to sincerely thank you for participating in our 1998 Mid- Summer Celebration. The Safety trailer and Freddy the Fire Robot were great. We also-appreciate you doing the kids I.D.'s. Considering the weather I hope that you enjoyed the celebration and will join us again-next year! _ Once again we do appreciate your cooperation! Thank you so much! • Selena Royal & ' The Solana Club Staff S 2902 Sams School Road Westlake,Texas 76262 817 491-4559 - _ 817 430-0038 rz-q g 6c. • • • • • • • C • • • • • • • • • • • • • • • • • • ,----rAakkko9Ou* • • • • • ' irh=1.... aw 0.. ‘ ,., . _.1.71/4?-4ti.:-;,_,,t..• .:, ,.;,.,....... ... - ' • , „ 2...,,,:t....„:ti-‘,:3.:,,,,.,..... tn.s. , .:; �. • _____rte.ir _____. .g\cy. ...i LoctrA-ed ko c... • • I k 4.4.0s 4( )-)0s-ifol 1 4-\NR iqtko ?ovr,,,net4 oa(r. 4,,„ 1 co Ae4e —rk, -CR c.1 VA-71• was 5 t9 l'are\duve -64 vSruh i,,eft, s,, al f ._9 W/BOR.L.■MMEMEM <7 IC . . 0, C (1) g '— n " �°_ A v < a C w . i i. 'o — c, o v a v+ j�y� xo p .yy3 H 8030 0 dQco O°O �n _ _�� 33 la 3 55 sn 000A I `` " cn ,,• c n 'ci Q O 8 3 i os•o - ONO FNI ox z A 8 . �r y � r p 51 a> n R -a otgFig A 'a`NO c N n w Y CrD O 0 CD C — a = p 1-- /— - 8. dQ � � c. W 0 w F�p�1 ,2 g' °° 3 s id (D(re if b -t 'tiO �+• tv Yip ►- w n -< o� d 6 " `' - 0 .o + 3.9 % 3 3 s� �O til gl i 00 < y, y n R° G oo o. x m• N n rr o n A 0 0 oo $ D n s 09 0 -ml2 ma b H CA re L vf) w cn ' ' 1-• `� a 41 September 10 1998 SPIN Vacancies Meeting City Council Action - September 15, 1998 The following items will be addressed at the regular DUthl O- September 23 - 7:00 p.m. City Council meeting on September 15th ---- Senior Activity Center Consent Agenda A meeting is scheduled for B) Res:98-64 Grant agreement with the Texas Forest Service for the establishment of a tree farm September 23, at 7:00 p.m. at Lry Interlocal Agreement with the City of Grapevine for sanitary sewer services the Sr. Activity Center to D) Cooperative Purchasing Agreement with Denton County explain the responsibilities of E) ZA 98-092 Plat Revision for Southridge Lakes (#13) SPIN Representatives and to F) Ord. 713 Granting a franchise for telephone service select SPIN Representatives G) Ord. 717 Designating the speed limit as 25 mph for certain streets and Liaisons for SPIN #9W H) Ord.715 Granting a license for installation of telecommunications equipment A ZA 97-096 Variance to the Subdivision Ordinance 483-G and SPIN #13. Those in - J) ZA 97-119 Variance to the Subdivision Ordinance 483-G attendance will select their K) Professional services agreement for the engineering and design of North White representatives. Chapel Boulevard from the County Line to Lake Grapevine L) Change Order#1 to the contract with Aetna US Healthcare M) Res. 98-65 Authorizing the use of City funds for the purpose of contributing to SPIN #9 includes Bent Creek, retiree medical insurance Strathmore, The Highlands, The Dominion, Glory Place, Ordinances, second readings, public hearings, and related items: A) Ord. 708 Tax Levy Ordinance (pvid Pine Acres. B) Ord.709 Annual Budget for Fiscal Year 1998-99,including the Annual Budget for the Southlake Crime Control and Prevention District SPIN #13 includes Myers C) Ord. 710 Vacating and abandoning Bluebonnet Drive Meadow, Southridge Lakes, D) Ord. 711 Abandoning portions of South Kimball Ginger Creek, and Raven E) Ord. 712 Street name change for Old South Carroll Ave to Breeze Way Bend. F) ZA 98-058 Site Plan for French Square Office Complex (#9W) G) ZA 98-083 Plat Showing 1,100' west of Byron Nelson (#9W) H) Ord. 480-286 Rezoning for Shelton Wood at the north side of East Dove, The Mission of SPIN approx. 125' east of Ridgecrest Drive (#3) (Southlake Program for the I) ZA 98-074 Preliminary Plat for Shelton Wood (#3) Involvement of Neighborhoods) J) Ord. 480-288 Rezoning and Site Plan for Park Place Pet Hospital (#7) K) Ord. 480-289 Rezoning for Cash Acres, located approx. 400' south of the is to: Provide a forum which intersection of South White Chapel and Pine Drive (#9W) fosters open and timely communication between the Ordinances, first readings and related items: citizens and city government A) Ord. 480-290 Rezoning and Concept Plan for Gateway Plaza, located at the regarding programs, activities Northwest corner of the intersection of S.H. 114 and F.M. 1709 (#7) B) Res. 98-63 Specific Use Permit for a gasoline service station with a convenience and issues affecting the quality store and car wash at the intersection of S.H. 114 and F.M. 1709 (#7) of life in the community. Other items for consideration: For more information about A) Authorization to advertise for bids for the signalization of the intersection of SPIN or these positions, please F.M. 1709 and Commerce Street call Nona Whitehead 481-5581 B) Sign Ordinance appeal PetsMart located at 200 Village Center Drive Other items for discussion: 834. A) Policy for speed humps and other neighborhood traffic calming devices B) Ord. 716 Establishing a Library Board UPCOMING MEETINGS Sr. Activity Center , Development Act vity,r„ The following information is from a working staff document. To confirm,call September 14, 1998 Under the direction and hard 481-5581 ext. 744. or Youth Park Board work of Bennie Underwood, a 5:30 p.m. DPS Training Room horseshoe pit is being P& Z Meeting - September 17 Park Board completed at the Sr. Activity 6:30 p.m. Council Chamber Center. 98-096 Specific Use Permit, sale of alcoholic beverages, Keep Southlake Beautiful Southlake Oaks Addition #10 7:00 p.m. Community Center A couple of heavy-duty picnic ( ) table sets in the shaded area, would be a welcome addition 98-097 Specific Use Permit, SPIN #8 - MEETING for the participants. Screened outside material SPIN #8 - Cambridge Place storage, Public Works Facility (#8) September 14 - 7:00 p.m. Public Works Facility 1950 E. 98-099 Plat Revision, Hart Public mWo Continental staff will resent / Industrial Park (#7) P the concept plan for ,5 64st- 98-100 Plat Revision,� improvements to the Public Commerce Business Park (#7) Works Facility site. Race Days Update 98-101 Site Plan, Diamond 50,000 tickets have alread Circle Estates (#10) September 15, 1998 y City Council been sold for the weekend of September 18-19. DPS has 98-102 Final Plat, Timarron ,:a 7:00 p.m. Council Chamber P indicated that cross street Addition Village "H" (#9E) September 16, 1998 delays may be around 4 to 5 SYAC minutes when the race is over. 7:00 p.m. Community Center Pavilions Progress Traffic Signal Phasing September 17, 1998 Revisions on FM 1709 Planning & Zoning Report 7:00 p.m. Council Chamber The Adventure Alley Pavilion Because we have opposing left Committee has begun turn lanes at Village Center construction on the first of Drive, Southridge SPIN #5- Meeting three planned pavilions in Lakes/Waterford, and North/ September 24 - 7:00 p.m. Bicentennial Park. For more South Peytonville, TxDOT has Sr. Activity Center information, please contact agreed to change the signals Larry Abernathy at 488-3759. from split to concurrent SPIN #5 will hold a meeting Many thanks to Larry for phasing. This change will with staff from the Public taking the lead on this project. allow more time on each signal Works Department to discuss Mr. Abernathy, a pilot for cycle for traffic to cross or American Airlines, has enter FM 1709 at these three the Master Thoroughfare Plan intersections. This chan a will as it regards Dove Street. The received donations of funds and g labor for this project from the allow left turn movement on Fire Services Department will P � lights without an arrow also present information about 180 pilots who live in greeng their home fire safety survey. Southlake as well as other at Peytonville. members of the community. GENERAL FUND for the period ended August 31, 1998 with comparative actual amounts for the period ended August 31. 1997 (fiscal month 11 -91.67%) Revised Percent Actual Percent Month Year to Date 1997/98 Collected/ Year to Date Total Collected/ REVENUES 8/31/98 1997/98 Budget Expended 8/31/97 9/30/97 Expended Ad Valorem Taxes $17,821 $3,957,993 $3,996,234 99.0% $3,455,360 $3,464,261 99.7% Sales Tax 274,072 2,097,670 2,629,500 79.8% 1,572,248 1,930,016 81.5% Franchise Fees 5,562 827,416 877,254 94.3% 856,073 939,599 91.1% Fines 54,058 600,922 647,590 92.8% 463,557 509,328 91.0% Charges for Services 58,700 523,730 574,559 91.2% 314,810 354,555 88.8% Permits/Fees 199,108 2,556,658 2,979,379 85.8% 2,246,058 2,525,797 88.9% Miscellaneous 20,097 169,621 166,190 102.1% 156,721 130,203 120.4% Interest Income 18.608 162.799 160.389 101.5% 143.000 185.630 77.0% Total Revenues $648,026 $10,896,809 $12,031,095 90.6% $9,207,827 $10,039,389 91.7% EXPENDITURES City Secretary $19,855 $201,627 $218,209 92.4% $226,457 $242,575 93.4% Human Resources 15,101 195,338 212,659 91.9% 127,100 144,948 87.7% City Manager 24,550 302,280 351,342 86.0% 453,569 499,939 90.7% Support Services 53,316 1,281,007 1,508,017 84.9% 1,110,988 1,497,945 74.2% Community Services 25.479 295.586 335.868 88.0% 0 0 0.0% subtotal-General Govt.Dept. 138.301 2.275.838 2.626.095 86.7% 1.918.114 2.385.407 80.4% Finance 23,045 355,974 412,292 86.3% 391,017 418,017 93.5% Municipal Court 17,755 229,498 292,026 78.6% 222,921 253,010 88.1% Municipal Court-Teen Court 4.114 48.459 61.618 78.6% 43.004 48.370 88.9% subtotal-Finance Dept. 44.914 633.931 765.936 82.8% 656.942 719.397 91.3% Fire 96,789 1,476,774 1,771,871 83.3% 1,253,548 1,460,111 85.9% Police 180,342 2,474,721 2,814,659 87.9% 2,002,892 2,242,915 89.3% ,hlic Safety Support 79.533 892.892 1.002.986 89.0% 864.375 975.419 88.6% tal-Public Safety Dept. 356.664 4.844.387 5.589.516 86.7% 4.120.815 4.678.445 88.1% 'ng Inspection 39,460 481,320 614,958 78.3% 427,489 474,511 90.1% treets/Drainage 73,043 746,675 933,756 80.0% 663,337 903,988 73.4% Public Works Administration 59.641 714.393 788.745 90.6% 554.840 690.191 80.4% subtotal-Public Works Dept. 71 2.144 1.942.388 2.337.459 83.1% 1.645.666 2.068.690 79.6% Parks and Recreation Dept. a,22$ 1.035.591 1.180.017 87.8% 880.406 1.013.013 86.9% Community Development 39,136 439,241 526,171 83.5% 412,872 463,551 89.1% Economic Development 18.224 100.025 124.869 80.1% 79.463 90.319 88.0% subtotal-Community Development 57.360 539.266 651.040 82.8% 492.335 553.870 88.9% Total Expenditures $847.311 $11.271.401 $13.150.063 85.7% $9.714.278 $11.418.822 85.1% Excess(deficiency)of Revenue over Expenditures ($199,285) ($374,592) ($1,118,968) ($506,451) ($1,379,433) OTHER FINANCING SOURCES AND(USES) Proceeds from C.O. Sale(net) $0 $715,547 $715,547 $842,184 $990,382 Tranfer Out-Other Funds - - (38,000) - - Transfer In-Other Funds 58.333 641.663 700.000 0 633.000 Total Other Sources/(Uses) $58,333 $1,357,210 $1,377,547 $842,184 $1,623,382 Excess(deficiency)of Revenues/other sources over Exp. • •S • $982.618 $258.579 $335.733 $243.949 FUND BALANCE OCT 1 $2,597,602 $2,597,602 $2,353,653 $2,353,653 ENDING FUND BALANCE $3.580.220 $2.856.181 $2.689.386 $2.597.602 fund balance percentage 21.7% 22.7% L r -. ...' ,,--=-..gPry:,aotri;;r-,,,s ,. *.-. a..7Wr+I,:EA .. .. ,.0. -,..ga Y-►ra-.fyy a.10,14, W0"10.,..kat, Comparative Statement of Revenues and Expenses Le„, for the period ended August 31, 1998 and August 31, 1997 (fiscal month 11 -91.67%) Revised Percent Actual Percent Month Year to Date 1997/98 Collected/ Year to Date Total Collected/ REVENUES 8/31/98 1997/98 Budget Expended 8/31/98 9/30/97 Expended Water Sales-residential $873,241 $5,241,308 $5,800,000 90.4% $3,597,010 $4,425,797 81.3% Water Sales-commercial 110,571 784,114 895,000 87.6% 546,055 657,807 83.0% Sewer Sales 101,595 932,644 1,000,000 93.3% 723,537 811,624 89.1% Sanitation Sales 55,351 579,761 568,182 102.0% 470,632 508,224 92.6% Other utility charges 20,600 369,537 471,025 78.5% 376,444 409,950 91.8% Miscellaneous 58 44,463 68,300 65.1% 83,562 92,063 90.8% Interest Income 12.151 75.367 77.000 97.9% 62.840 77.196 81.4% Total Revenues $1,173,567 $8,027,194 $8,879,507 90.4% $5,860,080 $6,982,661 83.9% EXPENSES Water* $247,684 $2,817,112 $4,864,771 57.9% $3,180,137 $3,971,926 80.1% Sewer 49,382 636,697 646,974 98.4% 765,997 727,546 105.3% Sanitation 42,525 409,570 500,000 81.9% 366,618 445,205 82.3% Debt Service- Revenue Bonds 464.672 1.943.553 1.979.213 98.2% 1.419.291 1.817.529 78.1% Total Expenses $804,263 $5,806,932 $7,990,958 72.7% $5,732,045 $6,962,206 82.3% Excess(deficiency)of Revenue over Expenses $369.304 $2.220.262 $888.549 $128.035 $20.455 OTHER FINANCING SOURCES AND(USES) sfer In-Other Funds $69,512 $764,632 $834,145 $513,661 $698,170 fer Out-Other Funds (58.333) (641.663) (700.000) Q (633.000) Other Sources/(Uses) $11,179 $122,969 $134,145 $513,661 $65,170 Excess(deficiency)of Revenues and other sources over Expenses $380.483 $2.343.231 $1.022.694 $641.696 $85.625 *$776,033 July Fort Worth water bill not included in expenses for month; received after 8/31/98. L 6 0, -I CITY OF SOUTHLAKE HISTORICAL SALES TAX REVENUES 98 collected budget balance ,aet to date balance percent $2,627,000 $2.321.687 $305.313 11.62% FISCAL FISCAL FISCAL FISCAL FISCAL ' YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc MONTH 93/94 -Dec 94/95 -Dec 95/96 -Dec 96-97 -Dec 97-98 -Dec October $99,408 95.1% $89,951 -9.5% $128,689 43.1% $161,892 25.8% $237,164 46.5% November 50,623 20.2% 52,099 2.9% 111,917 114.8% 135,367 21.0% 193,664 43.1% December 70,155 107.3% 67,243 -4.2% 103,975 54.6% 115,084 10.7% 163,871 42.4% January 106,541 57.3% 95,687 -10.2% 140,362 46.7% 198,873 41.7% 266,437 34.0% February 57,839 47.0% 68,015 17.6% 95,269 40.1% 125,671 31.9% 168,914 34.4% March 59,378 34.4% 56,600 -4.7% 103,163 82.3% 104,733 1.5% 160,147 52.9% April 87,438 27.3% 88,212 0.9% 137,030 55.3% 182,384 33.1% 215,299 18.0% May 58,291 6.7% 81,109 39.1% 109,371 34.8% 152,577 39.5% 217,760 42.7% 'first month of 1/2 cent sales tax June 59,577 14.5% 83,253 39.7% 112,317 34.9% 171,813 53.0% 200,233 16.5% July 94,157 16.9% 135,187 43.6% 179,803 33.0% 223,854 24.5% 274,072 22.4% August 58,980 22.1% 109,584 85.8% 132,367 20.8% 184,851 39.7% 224,126 21.2% September 75.228 38.3% 106.563 41.7% 122.445 14.9% 173.917 42.0% 0 -100.0% TOTAL $877,615 37.8% $1,033,502 17.8% $1,476,708 42.9% $1,931,017 30.8% $2,321,687 32.1% C SOUTHLAKE PARKS DEVELOPMENT CORPORATION Revised 1997-98 collected budget balance budget to date balance percent $1.313,500 $1,160,845 $152.655 11.62% FISCAL FISCAL FISCAL FISCAL FISCAL YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc MONTH 93/94 -Dec 94/95 -Dec 95/96 -Dec 96-97 -Dec 97-98 -Dec October $0 n/a $44,975 n/a $64,344 43.1% $80,946 25.8% $118,582 46.5% November 0 n/a 26,049 n/a 55,958 114.8% 67,684 21.0% 96,832 43.1% December 0 n/a 33,622 n/a 51,987 54.6% 57,542 10.7% 81,935 42.4% January 0 n/a 47,843 n/a 70,181 46.7% 99,437 41.7% 133,219 34.0% February 0 n/a 34,007 n/a 47,635 40.1% 62,836 31.9% 84,457 34.4% March 0 n/a 28,300 n/a 51,581 82.3% 52,366 1.5% 80,074 52.9% April 0 n/a 44,106 n/a 68,515 55.3% 91,192 33.1% 107,650 18.0% May 29,145 n/a 40,554 39.1% 54,686 34.8% 76,289 39.5% 108,880 42.7% June 29,788 n/a 41,627 39.7% 56,159 34.9% 85,906 53.0% 100,117 16.5% July 47,079 n/a 67,593 43.6% 89,901 33.0% 111,927 24.5% 137,036 22.4% L.)er 29,490 n/a 54,792 85.8% 66,184 20.8% 92,426 39.7% 112,063 21.2% 37.614 n/a 53.282 41.7% 61.223 14.9% 86.958 42.0% 0 -100.0% TOTAL $173,116 n/a $516,751 198.5% $738,354 42.9% $965,508 30.8% $1,160,845 32.1% 9/10/98 SLSTX98R.XLS L 5..3 • CITY OF SOUTHLAKE Sales Tax Analysis FY1997-98 Revised L Actual Budget 1997-98 Actual Estimated (budget-est.) 1996-97 1997-98 1997-98 Difference Chanae October 161,892 211,176 237,164 237,164 25,988 12.31% November 135,367 180,672 193,664 193,664 12,992 7.19% December 115,084 157,347 163,871 163,871 6,524 4.15% January 198,873 253,704 266,437 266,437 12,733 5.02% February 125,671 169,522 168,914 168,914 (608) -0.36% March 104,733 145,443 160,147 160,147 14,704 10.11% Apnl 182,384 234,742 215,299 215,299 (19,443) -8.28% May 152,577 200,464 217,760 217,760 17,296 8.63% June 171,813 222,585 200,233 200,233 (22,352) -10.04% July 223,854 253,099 274,072 274,072 20,973 8.29% August 184,851 303,853 224,126 224,126 (79,727) -26.24% September 173,917 294.395 0 294.395 Q 0.00% 1,931,016 2,627,000 2,321,687 2,616,082 (10,918) -0.42% 36.04% 35.48% Southlake Parks Development Corporation 1/2 cent sales tax Revised Actual Budget Actual Estimated (budget-est.) % 1996-97 1997-98 1997-98 1997-98 Difference Chance October 80,946 105,588 118,582 118,582 •12,994 12.31% November 67,684 90,336 96,832 96,832 6,496 7.19% December 57,542 78,673 81,935 81,935 3,262 4.15% January 99,437 126,852 133,219 133,219 6,367 5.02% February 62,836 84,761 84,457 84,457 (304) -0.36% March 52,367 72,721 80,074 80,074 7,352 10.11% April 91,192 117,371 107,650 107,650 (9,721) -8.28% L 76,289 100,232 108,880 108,880 8,648 8.63% 85,907 111,292 100,117 100,117 (11,176) -10.04% 111,927 126,550 137,036 137,036 10,486 8.29%' August 92,426 151,927 112,063 112,063 (39,864) -26.24% September 86.959 147.197 0 147.197 0 0.00% 965,508 1,313,500 1,160,844 1,308,041 (5,459) -0.42% 36.04% 35.48% Ca/ 9/10198 SLSTX98RXLS CITY OF SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT SALES TAX REPORT Lore' Revised 1997-98 Collected Budget Balance Budget to Date Balance Percent $619.197 $377.538 $241.659 39.03% Fiscal Year Fiscal Year 1997-98 1997-98 Dollar Percent MONTH Budget Actual Variance Variance October $ - $ - n/a n/a November - - n/a n/a December - - n/a n/a January - - n/a n/a February - - n/a n/a March - - n/a n/a April - - n/a n/a May 100,232 77,337 (22,895) -22.84% Lie June 111,292 86,019 (25,273) -22.71% July 120,550 108,531 (12,019) -9.97% August 145,927 105,651 (40,276) -27.60% September 141.197 = n/a n/a TOTAL $619,197 $377,538 ($100,462) -16.22% Revised Budget Actual Estimated (budget-est.) % 1997-98 1997-98 1997-98 Difference Change October $ - $ - $ - $ - 0.00% November - - - - 0.00% December - - - - 0.00% January - - - - 0.00% February - - - - 0.00% March - - - - 0.00% April - - - - 0.00% May 100,232 77,337 77,337 (22,895) -22.84% June 111,292 86,019 86,019 (25,273) -22.71% July 120,550 108,531 108,531 (12,019) -9.97% August 145,927 105,651 105,651 (40,276) -27.60% September 141.197 = 141.197 = 0.00% Lire $ 619,197 $ 377,538 $ 518,735 $ (100,462) -16.22% City of Southlake,Texas MEMORANDUM September 10, 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. Paving of Central Avenue has been partially completed. Lime stabilization has begun on portions of Main Street and paving will begin during the week of September 14. Six buildings are currently under construction. All buildings have had steel erected. Brick work is being installed on buildings lA and 1B. Building lA electrical, mechanical and plumbing rough-in is complete; interior framing and sheetrock in the public areas and between tenant spaces is being constructed. The exterior stucco system has been completed on building 1A. Windows have been delivered for building lA and are being installed on the second floor. Interior framing of Building 1B is being constructed; electrical, mechanical and plumbing rough-in is being installed. 1B roof construction has been completed. Brick work on the north and east faces has begun on 1B. Building 5B has had rough-in mechanical and plumbing begun, interior framing is being constructed in the common areas, exterior framing and sheathing is being constructed. Building 5A has had electrical, mechanical and plumbing rough-in constructed. Roof work on 5A and 5B has been completed. Steel roof deck is being installed on 4C. Post Office Square The developer has met with Community Development and Public Works staff on several occasions to discuss the submittal of plans for Post Office Square. The date of formal submittal is not known at this time. 7/1rC` Town Square Status September 10, 1998 Page 2 L Town Hall Staff is currently discussing scope of services with David Schwarz and Urban Architecture. It was staff's intent to have contracts for Council's consideration at the September 15, 1998 meeting; however, staff has not been able to get both parties to finalize scope of services and fee structure. As staff has mentioned over the past several report periods, the Town Square grand opening is scheduled for March 20, 1999. In conjunction with the grand opening staff has hoped that the City would schedule the dedication of the Town Hall cornerstone. This dedication is a fairly involved activity which needs to be planned starting as soon as possible. Due to the visibility of this event, staff would like to have Council members involved in the planning. The selected Council members would work with Kevin Hugman, Tracy Southers, Shelli Siemer and myself to insure that the event is planned properly. If Council could select 2 or 3 members to work with staff, the planning process can begin. d:\wd-files\sts\stat7.doc City of Southlake,Texas MEMORANDUM September 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Interim Director of Parks and Recreation SUBJECT: Resolution No. 98-64, Authorizing the City to enter into a grant agreement with the Texas Forest Service for the establishment of a tree farm. As you know, Mr. Dick Johnston led efforts last year to establish a tree farm, with the hope of establishing one each year for a five-year period. Recently, he applied for, and was awarded a grant from the Texas Forest Service for their Urban Forestry Public Outreach Grant Program. The amount of the grant is $4,200 and is a 50% matching, reimbursable grant. Mr. Johnston estimated in-kind services of volunteer labor and clerical work to be $4,200, and supplies, materials, and equipment to total $4,200. In-kind volunteer labor is a qualified expense that can be applied to the match portion of the grant. Attached is a resolution required by the Texas Forest Service, indicating the acceptance of the governing body to enter into the grant agreement. Also attached is a copy of the grant contract and a photo of the existing tree farm at Continental. Staff has selected a one-acre site for Tree Farm#2 immediately behind the Shady Oaks retail center in Bicentennial Park. Please place this item on the agenda for City Council consideration at their regular meeting on Tuesday, September 15, 1998. Mr. Johnston will be at the work session on Tuesday to answer any questions. Please call me if you have any further questions in the meantime. KH Attachment: Resolution No. 98-64 Urban Forestry Public Outreach Grant Agreement Photo of Existing Tree Farm#1 at Public Works Facility L City of Southlake,Texas RESOLUTION NO. 98-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS ASSOCIATED WITH THE "URBAN AND COMMUNITY FORESTRY PROGRAM" GRANT REQUEST AND COMMITTING SHARED COST OF THE PROJECT AS DESCRIBED IN THE GRANT APPLICATION. WHEREAS, the 101st Congress of the United States, in developing the Forestry Title of the 1990 Farm Bill, found that the health of forests in urban areas and communities is on the decline; these forests, trees, and open spaces improve the quality of life for residents, enhance economic value of property and are more effective than rural trees at reducing the buildup of carbon dioxide due to the added energy savings for urban residents; and WHEREAS, Congress defined the purposes of this program to include improving the understanding of the benefits of preserving existing tree cover; encourage property owners to maintain trees and expand forest cover; provide educational and technical assistance to local organizations in maintaining and expanding forest cover; provide competitive matching grants to local units of government and other approved organizations for urban forestry projects; implement a tree planting program; promote the establishment of demonstration projects to illustrate the benefits of forest cover and enhance technical skills of individuals involved in establishing or maintaining urban forest; and WHEREAS, the City of Southlake is eligible to participate in this program and has successfully submitted a grant application in the amount of$4,200; now: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT : Section 1. The City Council hereby authorizes the City Manager or his designee to execute all agreements associated with the "Urban and Community Forestry Program" Grant with the Texas Forest Service. Section 2. The City Council commits to providing its share of the project costs through "in- kind" services as described in the grant application. Section 3. The City Council endorses and permits the planting of trees on public property under their jurisdiction in the City of Southlake. PASSED AND APPROVED THIS THE DAY OF , 1998. CITY OF SOUTHLAKE, TEXAS BY: Rick Stacy,Mayor ATTEST: Sandra L. LeGrand, City Secretary 5,X-a Federal Program Grant Number: 98-03-12 CFDA Number: 10 .664 Grant Amount : $4, 200 =ericd: 10-01-98 to 9-30-99 Local Match: $4, 200 Urban Forestry Public Outreach Grant A Cooperative Program Between the Texas Forest Service And the USDA Forest Service GRANT AGREEMENT This Grant Agreement is hereby entered into by and between the Texas Forest Service (TFS) , a Member of The Texas A&M University System, and the City of Southiake, Texas, hereafter referred to as 'Grantee. ' Article 1. All funds must be used for the purposes stated below. Any modification of purpose, final product, grant award, or matching contribution must be requested in writing and approved by the TFS. Grantee must raise the entire balance of funds necessary to complete the budget as proposed, from non-federal sources . Purpose : To establish a series of city tree farms by planting 300- 400 seedlings in grow bags each year for five years . Senior citizens will plan, develop, and maintain the nurseries and grant funds will be used to purchase seedlings, materials, and equipment rental . Article 2 . The $4,200 grant will be paid on a reimbursement basis upon submission of approved cost records AND a project final report . Interim reports detailing partial project accomplishments and costs will be accepted for partial payment . The amount paid will equal 50% of the approved project expenditures, not to exceed the full amount of the grant . The Grantee shall be responsible for a minimum matching requirement of $4, 200, in eligible cash purchases or in-kind contributions . Article 3 . The Grantee shall be responsible for providing proof-of- payment records for all purchases and in-kind contributions . These include source documentation such as invoices, cancelled checks, paid receipts, payroll or time and attendance records, contract documents, and valuation letters for third-party in-kind contributions . Cost records must be retained for three years following conclusion of the project . Article 4 . The Grantee must provide the TFS with an official resolution passed by its governing body that authorizes its representative to execute any agreements associated with this grant and commits the organization to the matching contribution as proposed in the grant application and listed above. • Article 5 . Applicable federal cost principles (attached OMB A-87 for local governments, OMB A-21 for higher education institutions, or OMB A- 122 for nonprofit groups) , administrative requirements (attached 7 CFR Part 3016 or 7 CFR Parts 3015/3019) , and the Grantee' s application will be followed in determining reasonableness, allowability, and allocation of costs . Grantee's procurement procedures must conform to standards defined in these documents and Grantees receiving $300, 000 or more in federal funds must comply with federal Single Audit Act requirements, as detailed in circular OMB A-133 . Article 6 . The Grantee agrees to comply with all applicable federal laws, as specified in the attached Assurances for Non-Construction Programs. Grantee must certify that they have not been debarred from this or any other federal program, must comply with federal drug-free workplace requirements, and must comply with restrictions on lobbying Congress. Article 7. The Grantee shall submit a final project performance report, a financial summary with supporting documentation, and a copy of any product developed through the grant within 60 days of project completion, or by November 30, 1999, at the latest . (If required, a copy of the Single Audit report covering the grant period must also be submitted. ) Article 8. The State Forester and the Comptroller General of the United States, or any of their authorized representatives, shall have the right \''ftmw-of access to any pertinent books, documents, papers, or other records of the Grantee which are pertinent to the grant in order to make audits, examinations, excerpts, and transcripts. Article 9. (For tree planting projects only.) The Grantee must provide the TFS with a resolution or letter from the governing body of the entity that owns the property where the trees are to be planted. This document must grant permission to the Grantee to install this planting and commit to providing reasonable protection for the trees. Article 10. (For tree planting projects only.) Exhibit A (Tree Planting & Maintenance Specifications) , attached hereto and incorporated for all purposes, must be followed and will be used by the TFS to measure performance by the Grantee. Trees must be maintained for three full years following planting. The Grantee must replace any dead trees within the period of this Agreement if the number of live trees falls below 90% of the original number planted and included in project cost reports. Article 11. If a Grantee materially fails to comply with any term of this award, as stated above, the TFS may temporarily withhold cash payments pending correction of the deficiency by Grantee, disallow all or part of the cost of the activity or action not in compliance, wholly or partly suspend or terminate the current award for the Grantee, withhold further awards for the program, demand repayment of the grant, or take other legally available remedies. -3- Article 12. The Grantee may terminate this entire Agreement, without cause, prior to the expiration of the grant period, upon thirty (30) days written notice. Upon cancellation of this Agreement and release or return of the unexpended grant funds, the Grantee is fully released of all obligations under this Agreement . Article 13 . The Grantee agrees to hold the Texas Forest Service (TFS) harmless from any injury to person or property occurring in connection with project operations by Grantee, its agents, or employees, to the extent allowed by law. Article 14. If any part of this Agreement shall be deemed to be or shall, in fact, be invalid, inoperative, or unenforceable as applied, such circumstance shall not have the effect of rendering any other provision of this Agreement invalid, inoperative, or unenforceable to any extent whatever. Acceptance: We accept this grant subject to the terms and provisions stated above . Grantee: Signature Title Organization Date Grantor: James B. Hull State Forester Texas Forest Service Date • 8 . • i = " f V 1 PCj s i imi % CI) H CI, - e ,; 1 pt r ' Lj . „. „..:,, „. . .. _., .., . .44 -7 1"11 4 ,.- : .,..L. ' .',.. ' g c„> ta, , 0 •• IP c i...:..'''. .1 ..i O 1. M V \V, V 3� 5,6--& City of Southlake, Texas MEMORANDUM September 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to enter into an Interlocal Agreement with the City of Grapevine for sanitary sewer services Background Sanitary sewer service has been installed in the Raintree/Shady Lane vicinity. To avoid construction of two additional lift stations, it has been proposed to connect a portion of the residences adjacent to the Southlake/Grapevine City Limits to the City of Grapevine's sanitary sewer system. The proposed interlocal agreement will facilitate this connection. Under the proposed agreement, Grapevine agrees not to charge 1.5 times their rates for providing sewer service to 40 single-family residences in the Raintree vicinity (see Low; Exhibit A of interlocal agreement). In turn, Southlake will provide sewer service in the future to 40 single-family residences in Grapevine on the east side of Lonesome Dove (see Exhibit C of interlocal agreement). The rates for service will be established year by year by each City Council for residents in their respective jurisdictions. Recommendation Staff recommends the Mayor be authorized to enter into this interlocal agreement with the City of Grapevine for sanitary sewer services. Please place this item on the September 15, 1998, Regular City Council Meeting for City Council consideration. BW/sp Attachments: Interlocal Agreement Exhibits A, B, C 5C-1 4;4 STATE OF TEXAS401k COUNTY OF TARRANTOrr § INTERLOCAL AGREEMENT FOR SANITARY SEWER SERVICES This Interlocal Agreement for Sanitary Sewer Services (the "Agreement") is made and entered into by and between the City of Grapevine, Texas, a municipal corporation located in Tarrant County, Texas, ("Grapevine") and the City of Southlake, Texas, a municipal corporation located in Tarrant County, Texas ("Southlake"). WHEREAS, Grapevine and Southlake desire to enter into an Interlocal Agreement at the request of Southlake to provide sanitary sewer service to land more particularly described in Exhibits A and B and C; and WHEREAS, TEX. GOVT. CODE ANN. § 791.001 et seq., as amended (the "Act") provides authorization for municipalities to contract with one another for the performance of governmental functions and services under the terms of the Act; and WHEREAS, Grapevine has sufficient capacity in its treatment facility to accommodate Southlake's request that the City of Grapevine provide sanitary sewer service; and WHEREAS, Southlake has sufficient capacity in its sanitary sewer facilities to accommodate sewer service from Grapevine; and WHEREAS, both Grapevine and Southlake have current revenues available and allocated to cover their respective performance requirements under this Agreement: and WHEREAS, it would be to the benefit of both parties for Grapevine to provide this sanitary sewer service under the terms of this Agreement: and WHEREAS, it would be to the benefit of both parties for Southlake to provide this sanitary sewer service under the terms of this Agreement: and WHEREAS, it is mutually advantageous to both parties to enter into this Agreement. WITNESSETH: NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, Grapevine and Southlake hereby contract, covenant, warrant and agree as follows: 5C-2 ADOPTION OF PREAMBLE All of the matters stated in the preamble of this Agreement are true and correct and are hereby incorporated into the body of this Agreement as though fully set forth in their entirety herein. II. CONNECTIONS 1. Grapevine agrees to provide sanitary sewer service to Southlake as shown on Exhibits A and B. 2. Southlake agrees to provide sanitary sewer service to Grapevine as shown on Exhibit C. 3. Southlake agrees that only 40 Single Family Residential connections are to be made and served by Grapevine's sewer facilities. 4. Grapevine agrees that only 40 Single Family Residential connections are to be made and served by Southiake's sewer facilities. 5. Southlake agrees that no additional facilities shall be connected without the prior approval of the Grapevine City Council and a written amendment to this Agreement. 6. Grapevine agrees that no additional facilities shall be connected without the prior approval of the Southlake City Council and a written amendment to this Agreement. III. CHARGES FOR SANITARY SEWER SERVICE 1 . Southlake shall be charged for the sanitary sewer service and shall pay to Grapevine all those charges applicable to customers within the Grapevine corporate limits at the same rate charged to customers within the Grapevine corporate limits. The rate shall apply to tap charges, pro rata charges (if any) services charges, consumption charges, deposits and all other charges which a customer in Grapevine would be required to pay. 2. Grapevine shall be charged for the sanitary sewer service and shall pay to Southlake all those charges applicable to customers within the Southlake corporate limits at the same rate charged to customers within the Southlake corporate limits. The rate shall apply to tap charges, pro rata charges (if any) 5C-3 services charges, consumption charges, deposits and all other charges which a �,. customer in Southlake would be required to pay. IV. METER READING Except as otherwise provided below, all meter readings to establish or verify the flow of sewage from Southlake to Grapevine shall be made by the representatives of Southlake. Consequently, all meter readings to establish or verify the flow of sewage from Grapevine to Southlake shall be made by the representatives of Grapevine. Sewer flow for each city shall be calculated from monthly meter readings provided to the serving city on or before the 1st of each month. Except as otherwise provided herein, Southlake and Grapevine shall each be responsible for maintenance of the facilities within their respective boundaries. V. BILLING 1. Grapevine shall bill Southlake directly for the sanitary sewer service provided pursuant to this Agreement. 2. Southlake shall be responsible, at its own cost and expense, for billing individual users of Grapevine's sanitary sewer system. 3. Southlake shall bill Grapevine directly for the sanitary sewer service provided pursuant to this Agreement. 4. Grapevine shall be responsible, at its own cost and expense, for billing individual users of Southiake's sanitary sewer system. VI. REMEDIES 1. The serving city may discontinue the sanitary sewer service to the service recipient city for any violation or breach by the provider of the terms of this Agreement until the violation or breach has been cured to the satisfaction of the serving city. 2. Grapevine and Southlake may discontinue the sanitary sewer service for any violation by the service recipient city of the provisions of the serving city until the violation has been cured to the satisfaction of the serving city. 3. Except for the failure to pay charges when due and payable, and except for any violation by the service recipient city of any of the provisions, terms or conditions of the service city's Code of Ordinances or any state or federal law relating to 5C-4 industrial wastes, prior to discontinuing the sanitary sewer service, the service city agrees to provide the service recipient city an opportunity to remedy the violation to the service city's satisfaction within thirty (30) days of the date written notice of the violation is mailed to the service recipient city. If the violation is the failure to pay charges when due and payable, the service city may discontinue sanitary sewer service immediately upon the occurrence of the violation until payment is made. If the violation is a violation of a provision, term of condition of the service city's Code of Ordinances or any state or federal law relating to industrial wastes, prior to discontinuing sanitary sewer, the service city agrees to provide the service recipient city an opportunity to remedy the violation to the service city's satisfaction within such period of time as the service city determines is reasonable considering the nature and extent of the violation, which time period shall be spelled out in a written notice of the violation and which time period shall commence to run upon the mailing of the notice of violation to the service city recipient. 4. In addition to discontinuance of the sanitary sewer service, the service city may pursue all legal and equitable remedies, including but not limited to, injunctive relief and the recovery of damages and civil or criminal penalties. The right of the service city to pursue all legal and equitable remedies shall survive the termination of this Agreement. VII. TERMS This Agreement shall be for a term of ten (10) years commencing on the day of , 19 VIII. NOTICES Any notice required to be given under this Agreement shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: TO GRAPEVINE: City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 Attn: City Manager TO SOUTHLAKE: City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Attn: City Manager 5C-5 A change of address may be made by either party upon the giving of ten (10) days prior written notice. IX. TERMINATION 1 . Grapevine may terminate this Agreement prior to the end of the term upon any of the following conditions: A. Grapevine has discontinued sanitary sewer service to Southlake on two (2) or more occasions; or B. Southlake has violated any of the provisions, terms or conditions of Article II, Division 3, Chapter 25 of the Grapevine Code of Ordinances or any state or federal law relating to industrial wastes which violation has not been cured to the satisfaction of Grapevine within such period of time as Grapevine determines is reasonable considering the nature and extent of the violation, which time period shall be spelled out in a written notice of violation and which time period shall commence to run upon the mailing of the notice of violation to Southlake. C. Grapevine's principle responsibility is to provide sanitary sewer service to its residents and property owners. In the event the City Council of Grapevine determines that the sanitary sewer capacity that is the subject of this Agreement is required to provide the necessary requirements for its residents and property owners, Grapevine reserves the right to terminate this Agreement by giving written notice to Southlake at least thirty (30) days in advance of the termination. 2. Southlake may terminate this Agreement prior to the end of the term upon any of the following conditions: A. Southlake has discontinued sanitary sewer service to Grapevine on two (2) or more occasions; or B. Grapevine has violated any of the provisions, terms or conditions of the Southlake Code of Ordinances or any state or federal law relating to industrial wastes which violation has not been cured to the satisfaction of Southlake within such period of time as Southlake determines is reasonable considering the nature and extent of the violation, which time period shall be spelled out in a written notice of violation and which time period shall commence to run upon the mailing of the notice of violation to Grapevine. 5C-6 • C. Southlake's principle responsibility is to provide sanitary sewer service to its residents and property owners. In the event the City Council of Southlake determines that the sanitary sewer capacity that is the subject of this Agreement is required to provide the necessary requirements for its residents and property owners, Southlake reserves the right to terminate this Agreement by giving written notice to Grapevine at least thirty (30) days in advance of the termination. 3. The parties may terminate this Agreement at any time by mutual written consent. 4. Upon the termination of this Agreement, each party shall have the absolute right to terminate and discontinue the sanitary sewer service to the other party and shall be entitled to take any and all action necessary to effectuate the termination and discontinuation of sanitary sewer service. X. MISCELLANEOUS PROVISIONS 1 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns. 2. This Agreement constitutes the sole and only agreement of the parties hereto and supercedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 3. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties. 4. This Agreement may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. In case any one or more of the provisions contained in this Agreement 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 hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. The obligations and undertakings of each of the parties to this Agreement are and shall be performable in Tarrant County, Texas. 5C-7 Mayor, City of Grapevine Mayor, City of Southlake Date Date City Secretary City Secretary City of Grapevine City of Southlake Date Date APPROVED BY COUNCIL: 5C-8 .SUhsVt r A—tnit i . / K r�^ , 1 POINT OF \ �O • I // �� ,r: ENTRY L/ • A - -caw y1HEING \\ PA te • y •.�. ',ems J .\\40.A. : ._. , SE : 5C1 / ' illi.,►t F ' ii, \,...._ i , , 1 I i i 1 i 1 I 1 _ �,�5�� I tiiiiiiil - 5C1G 5C1•4 .•t :4r÷.1411 47.7:11Wilik5F I-r •• • ... 'r..--. i' .;'1G 1 hNik� � . - y\ r _ /i 't� , _ice' ITISC1A ��C kr,goidamicauelmqL •!,....4'.. _._ _.L L.. Illillal 1 8' . l' '- —•- • \.•:•-c---`. 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I$ �m O Ti i y I EE L T A r X f € . , `,,, L ST_0. BREWER '' 9s ;Kin Si A n WSnI0.CTa8 1 p (N - EaiM^.I[-JOES Sr o �— _ i s I XI .a _ QOOLEY y= T .DOOLEY ST 1 r T——I- 1 '•p I Ge 4 ,▪ i =p•usrta sts M ;A:0,7% sr= u °4r• J� -A" ..EIMU I n l 1 Soro w n. pr<Earr p?.nwswci■R Y C cais-curs oa •• • la.5 st _ •/a°�� STEa Mi$n ta•o[WIIa uGlfn rUUr: Ill Ma II r E = - i [r q` u W,tllrr SIL.CISIOE o.r EMIT sr curiw.4 CrPrig �- p a rii hiLlwr SI , RUTH WALL ST t\ ~,� I- `t ;4UIrII X ortn u �.../��• - 1 0 - (in Al . 1111.1 r 10 - —_ ��mAO m a ll/SafV I--- 1 0 r-- - -- ba • • a ,, �7) • I .A 9 I ':< 174• ' . : 1.;--•'. . • , 1 I eo�r m I r ;n 4. `I r9 • O� \ w r 9 Ognall v 43 Pt "I.�, N�RA- PEVIlE MIIspAA JL� 5C-11VAy <I City of Southlake,Texas MEMORANDUM September 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Authorize the Mayor to enter into a Cooperative Purchasing Agreement with Denton County Denton County has presented the City of Southlake with a Cooperative Purchasing Agreement that would allow the City to use the County's purchasing contracts. This intergovernmental agreement gives the City the opportunity to benefit from large volume purchase pricing, thereby saving tax dollars on products and commodities. The Denton County Purchasing Department awards purchasing contracts to vendors based on criteria set forth in State law, satisfying the City's requirement under the law in that process. There is not a membership fee or cost associated with this agreement. Approval will allow the City to take advantage of purchasing products and commodities on an as-needed basis. The Denton County Commissioners Court will consider the Cooperative Purchasing Agreement once approved by the Council. The Purchasing Department will then provide to the City an updated listing of current contracts and vendors. Please place the Agreement on the September 15, 1998 agenda for Council consideration, with an effective date for the Agreement as October 1, 1998. LAH 5D- ) • f G0 / v : DENTON COUNTY PURCHASING DEPARTMENT ...- I q''' 0 ally h • /r e`� Beth Fleming, C.P.M., Director of Purchasing 2' i'' . • ,� : 301 E. McKinney (940)565-8672 • FAX(940)565-8679 .6 f Denton,Texas 76201 www.co.denton.tx.us/purchasing ••. 1846 .00 August 18 1998 + l.J g ,� 24 c^a Honorable Rick Stacy• .... i City of Southlake • OFFICE OF CITY SECRETARY 667 N. Carroll Ave. - - Southlake, TX 76092 Dear Mayor Stacy: . Enclosed are two original copies of the Cooperative Purchasing Contract that Denton County offers to governmental entities within the county. The-contract allows the entities to take advantage of cost benefits associated with large volume purchases. All contracts have followed State law regarding bidding procedures and due to the volume purchased, could benefit your entity. Please note a change in the duration of the agreement. It begins October 1, 1998 and is to remain in effect until terminated by either party. L.- Also, enclosed is a current list of the commodities available to you through Cooperative g P Purchasing. The list includes contract expiration dates. Complete contracts are available upon request from the Purchasing Department. Denton County is in the process of awarding other bids that will allow for Cooperative Purchasing participation and we will forward updated information as available. If you feel this is something that would be beneficial, please sign and return both copies of the agreement to Denton County for consideration by Commissioners Court. A fully executed copy of the agreement will be returned as soon as it is approved and at that time we will update you on current vendors and pricing. Please contact me with any concerns you may have about this contract. I look forward to assisting in this endeavor. Sincerely, -z.--/(._,A).-7-t.!, Beth Fleming, C.P.M. Director of Purchasing BF/llb Attachment p:\contract\le_coop.wpd • COOPERATIVE PURCHASING CONTRACTS Prepared by Denton County Purchasing August 18, 1998 6D-3 COOPERATIVE PURCHASING CONTRACTS Summary 1998 - 1999 Surface Treatment Aggregate Bid #05-97-1115 Type D, Grade 3, Grade 4, Grade 5 Gifford-Hill & Company Expires September 30, 1998 Emulsified Asphalt Bid #06-98-1180 In process FlexBase (Grade 1, Type A) Bid #03-97-1099 Marock Expires April 30, 1999 (Renewed) Corrugated Galvanized Metal Pipe Bid #10-96-1038 Texas Steel Culvert Company, Inc. Expires December 31, 1998 (Renewed) Hot Mix Asphaltic Concrete Bid #03-98-1162 Ley Jagoe Public Company Expires May 31, 1999 Tires - Truck (Heavy) Bid #05-97-1111 Gray's Wholesale Tire Distributors Inc. Expires June 30, 1999 (Renewed) Road Signs Bid #03-97-1100 Vulcan Signs Expires May 31, 1999 (Renewed) Office Furniture Bid #09-97-1137 BT Office Products International Expires September 30, 1998 Election Supplies Bid #07-96-1012 Texas County Printing & Services Expires September 30, 1999 (Renewed) Janitorial Services Bid #09-96-1030 Members Building Maintenance Expires September 30, 1999 (Renewed) Page 1 Lubricants & Oils Bid #08-96-1021 Superior Fuels & Lubricants Jesse P. Taylor Amsoil Reeder Distributors Ben Ivey Oil Company Expires September 30, 1998 Uniforms Bid #07-96-1015 Uniforms, Inc. Expires September 30, 1998 Tires & Tubes (Light) Bid #10-96-1033 TAS of Denton Expires September 30, 1998 Janitorial Supplies Bid #01-96-992 Five Star Supply (Section 2 and 4) Expires March 31, 1999 National Sanitary (Section 1 and 3) Expires March 31, 1999 CMAP (Cold Mix Asphaltic Pavement) Bid #07-97-1124 APAC - Texas Expires September 30, 1999 (Renewed) Gasoline Bid #06-97-1121 Mansfield Oil Expires September 30, 1998 Travel Management RFP #05-97-1112 Bismark Expires September 30, 1999 (Renewed) Pharmaceutical Service Bid #07-97-1126 Yarbrough Pharmacy Kroger#463 Pharmacy Expires September 30, 1998 Janitorial Paper Products Bid #07-97-1125 M.A.N.S Lind Paper Five Star Supply Expires September 30, 1999 (Renewed) Batteries Bid #07-97-1127 Nationwide Expires September 30. 1999 (Renewed) p:.c ontract\cooppur.con Page 2 Y • COOPERATIVE PURCHASING AGREEMENT `,,, STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made on the day of 1998, between the City/Town of , State of Texas, and the County of Denton, Texas, each referred to herein as participating governments. WHEREAS, the respective participating governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing of necessary materials and supplies; WHEREAS, it is the desire of the aforesaid participating governments to comply with and further the policies and purposes of the Interlocal Cooperation Act; WHEREAS, the =articipating governments cannot normally obtain the best possible purchase price for materials and suppler es acting individually and without cooperation; and WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of certain materials and supplies for the Denton County fiscal year 1998- WHEREAS, the parties, in performing governmental functions or in having for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein and pursuant to the authority permitted under the Interlocal Cooperation_ Act, promise and agree as follows : I . Purpose The purpose of this Agreement is to authorize participation of the City/ Town of in various - Denton County contracts for the purchase of various goods and services . Participation in this cooperative program will be highly beneficial to the taxpayers of the City/Town through anticipated �... savings to be realized. COOPERATIVE PURCHASING AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made on the day of 1998, between the City/Town of State of Texas, and the County of Denton, Texas, each referred to herein as participating governments. WHEREAS, the respective participating governments are authorized by the Interlocal Cooceration Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing of necessary materials and supplies; WHEREAS, it is the desire of the aforesaid participating governments to comply with and further the policies and purposes of the Interlocal Cooceration Act; WHEREAS, the participating governments carrot normally obtain he best possible purchase price for materials and supplies acting individually and without cooperation; and WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of certain materials and supplies for the Denton County fiscal year 1998- - oaa WHEREAS, the parties, in performing governmental functions or in caving for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein and pursuant to the authority permitted under the Interlocal Cooperation Act, promise and agree as follows : I . Purpose The purpose of this Agreement is to authorize participation of the City/Town of in various Denton County contracts for the purchase of various goods and services. Participation in this cooperative program will be highly ben=*=4 al to the taxpayers of the City/Town through anticipated savings to be realized. II . Duration of Agreement This Agreement shall be in effect from the date of execution germ :ated by either party to the agreement. III . Relationship of Parties It is agreed that the City/Town, in receiving products and for services specified in this agreement, shall act as an independent purchaser and shall have control of its needs and the manner in which they are acquired. Neither the City/Town, its agents, employees, volunteer help or any other person operating under this contract shall be considered an agent or employee of Denton County and shall not be entitled to participate in any pension plans or other benefits that Denton County provides its employees. Denton County shall notify all participating entities of available contracts to include terms of contract, commodity cost, contact names and addresses . Denton County shall keep participating governments informed of all changes to the Cooperative Purchasing list of contracts . Nothing in this agreement shall prevent any participating government from accepting and awarding bids for commodities subject to this agreement individually and in its own behalf. IV. Purchase of Goods and Services All l =r oduc is and services shall be procured by Denton County in accordance with procedures governing comnetit_ve bids and competitive proposals . The participating government will be able to purchase from those contracts established by Denton County where notice has been given in the specifications and successful bidder has accepted terms for Cooperative Purchasing Agreements for local govern ments is within Denton County. The participating governments hereto agree that the ordering of products and services through this agreement shall be their individual responsibility and that the successful bidder or bidders shall bill each participating government directly. The participating governments agree to pay successful bidders directly for all products or services received from current revenues available for such purchase. Each participating government shall be liable to the successful bidder only for products and services ordered by and received by it, and shall not `..� by the execution of this agreement assume any additional liability. II . Duration of Agreement This Agreement shall be in effect from the date of execution terminated by either party to the agreement. III . Relationship of Parties It is agreed that the City/Town, in receiving products and /or services specified in this agreement, shall act as an independent purchaser and shall have control of its needs and the manner in which they are acquired. Neither the City/Town, its agents, employees, volunteer help or any other person operating under this contract shall be considered an agent or employee of Denton County and shall not be entitled to participate in any pension plans or other benefits that Denton County provides its employees. Denton County shall notify all participating entities of available contracts to include terms -of contract, commodity cost, contact names and addresses. Denton County shall keep participating governments informed of all changes to the Cooperative Purchasing list of contracts . Nothing in this agreement shall prevent any participating government from accepting and awarding bids for commodities subject to this agreement individually and in its own behalf. Iv. Purchase of Goods and Services Al! products and services shall be procured by Denton County in accordance with procedures governing competitive bids and competitive proposals. The participating government will be able to purchase from those contracts established by Denton County where notice has been given in the specifications and successful bidder has accepted terms for Cooperative Purchasing Agreements for local governments within Denton County. The participating governments hereto agree that the ordering of Products and services through this agreement shall be their individual responsibility and that the successful bidder or bidders shall bill each participating government directly. The participating governments agree to pay successful bidders directly for all products or services received from current revenues available for such purchase. Each participating government shall be liable to the successful bidder only for products and services ordered by and received by it, and shall not by the execution of this agreement assume any additional liability. 60-°) Denton County does not warrant and is not responsible for the ,_,.,tea, ity or delivery of products or services from successful bidder . The participating government shall receive all warranties provided by successful bidder for the products or services purchased. In the event that any dispute arises between individual participating government and a successful bidder, the same shall be handled by and between . the participating government body and the bidder. EN WITNESS 'NEEPECF, the parties hereto have caused this agreement to be executed by their authorized officers thereon the day and the Year first above written. DENTON COUNTY, TEXAS By: Jeff A. Moseley By: Denton County Judge Acting on behalf of and by authority of the Denton County Commissioners Court Approved as to content: Director of Purchasing Approved as to form: "ssistant District Attorney 6-b r �� Denton County does not warrant and is not responsible for the cua_ity or delivery of products or services from successful bidder . The participating government shall receive all warranties provided by successful bidder for the products or services purchased. In the event that any dispute arises between individual participating government and a successful bidder, the same shall be handled by and between -.the participating government body and the bidder. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers thereon the day and the Year first above written. DENTON COUNTY, TEXAS 3y: Jeff A. Moseley By: Denton County Judge ...- Acting on behalf of and by authority of the Denton County Commissioners Court Approved as to content: Director of Purchasing Approved as to form: Assistant District Attorney � � - l1 City of Southlake,Texas STAFF REPORT September 11, 1998 CASE NO: ZA 98-092 PROJECT: Plat Revision -Proposed Lots 4R2R1 through 4R2R3. and Lots 4R3R1 through 4R3R5.Block 6, Southridge Lakes. Phase C-1 STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lots 4R2R1 through 4R2R3,and Lots 4R3R1 through 4R3R5,Block 6, Southridge Lakes,Phase C-1,being a revision of Lots 4R2 and 4R3,Block 6, Southridge Lakes,Phase C- 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4246,Plat Records, Tarrant County, Texas, and being approximately 6.49 acres. LOCATION: East side of North Peytonville Avenue approximately 200' north of West Southlake Boulevard (F.M. 1709). OWNER/APPLICANT: Four Peaks Development, Inc. CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Office Commercial NO.NOTICES SENT: Twelve (12) RESPONSES: None P&Z ACTION: September 3, 1998;Approved(7-0) subject to Plat Review Summary No. 1, dated August 28, 1998, deleting Item #6a (provide lots perpendicular or radial or the R.O.W.). STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated August 28, 1998. 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Hrr / IIi , "� Q L Ia211 .. o0•2ri 1 o isq IIII -- elnt i — 1 I Jll I L q i / eyeiai1 I w i 1 I et „I _ ( I. a ^-. . 1, i4 p_ 1I I ��"� §; q I p� � i S I 1: ; 1 , I , r3F� 1 d k e e f, I 111 'I i, II 1 k flt1:21f itii110 ; �; i t11 I LIooz I 'o 9 .. Q -. , . f I! :I' u L- ■.Lf.f►.00 N ! j a a , 1 0 h IaIt i! rain ! II I gi 4151 II i. ^ l i. :': I e 1 is` I 11 j - - ..--,...-1I 3 I ;r. Ss _3�{ _1 I --' ��.--f-.�- ------- I I i FF It .,Y L tin l 1 00� �N 3.KMJO N - 1 SiI KM,.LO.Ol00N •• M I ! i of 1111.0, ...gel , _—..------ ----- i ; =g!!! l!.q1111 y li! I ! I b Li , 1 ti Ip1 l 6. ' . 1 g!3 I 4 , 1 1 o City of Southlake,Texas PLAT REVIEW SUMMARY - r` Lease No: ZA 98-092 Review No: 0 e Date of Review: 08/28/98 Project Name:Plat Revision- Lots 7 Thru 14.Block 6 SouthRidge Lakes Phase C-1.being a revision of Lots 4R2 and 4R3. Block 6. Southridge Lakes. Phase 6A, being 6.49 acres out of the A. A. Freeman Survey, Abstract No. 522 APPLICANT: SURVEYOR: Four Peaks Development.Inc. Area Surveying.Inc. 100 W. Southlake Blvd. #320. Suite 234 . 102 W.Trammell St. Southlake.Texas 76092 Ft. Worth.TX 76140 Phone: (817) 329-6996 phone: (817)293-5684 Fax: (817)481-4074 Attn:David McMahan Fax: (817) 293-5685 Attn: Rodger W.Hart CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/10/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MCROY AT(817)481-5581,EXT.880. 1. Place the City case number"ZA 98-092" in the lower right-hand corner of the plat. 2. Below the main title,change the language to the following: Being a revision of Lots 4R2 and 4R3 ,Block 6, Southridge Lakes Phase C-1 C as shown on the Plat Revision as recorded in Cabinet A Slide 4246, P.R.T.C.T. 3. In the fifth line of the legal description,change the words "amended plat" to "plat revision". 4. In the notary statement,add the words, "and as the act and deed of said corporation" after the words "in the capacity herein stated". 5. _ Add a lienholder statement and signature block with notary to the plat. If there is/are no lienholder(s) then add a statement to this effect. The standard language for these statements is attached. 6. The following changes are needed with regard to lotting: a. Provide lots perpendicular or radial to the R.O.W. Lot 4R3R2 and 4R3R3 do not appear to meet this requirement. (P&Z Action 09703/98: Delete) b. Increase the lot width of Lot 4R3R2 or provide a common access easement through one of the adjacent lots. The provided lot width does not allow sufficient space for a driveway and the required bufferyards. c. Replace the shown lot numbers with consecutive lot numbers beginning with "Lot 7". Although the proposed lot numbers conform to the standard city protocol, staff believes C this simplification will be less confusing. Ensure the graphic,title,and dedication reflect this change. 1.=\ xr-nuts aav\9$\9eog2Pal.wvp Page 1 i 5-e-s S City of Southlake,Texas 7. The following changes are needed with regard to easements: a. Show and label the type,size and deed record of all existing and/or proposed easements on the property. b. Provide easements for water, sewer and/or drainage in compliance with approved construction plans. c. Provide a 10' U.E. along the north and east side of Corporate Circle within the shown Lots 4R3R1 thru 4R3R5 in order to provide adequate space for maintenance of the city utilities within the R.O.W. d. Show and label any Common Access Easements proposed. Although a C.A.E.may only be needed on Lot 4R3R2,the schematic layout previously presented for this site showed common drive connections suggesting such easements. Common Access Easements and/or future driveways must be in compliance with the Driveway Ordinance including issues such as spacing, stacking depth, etc. 8. Provide a bold line around the property boundary including the Corporate Circle R.O.W. Include the width of the R.O.W. in the boundary dimensions. * All lots within this subdivision are subject to the Zoning Ordinance Section 43 -III (Residential Adjacency) Site plan approval is required for any construction on these lots. The R.O.W. transition from 84' to 74' of width along Peytonville Ave. as shown conforms to the previously approved plat revision of this site. (Approved 10/21/97 Case Number 97-131) * A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each.Mylars will not be accepted if any erasures or original ink, other than signatures or seals,appear on the plat. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 09/08/98. If not received by that time,no review will be prepared until the following submittal schedule.All 17 revised submittals must be folded 6"x 9" and an 11"x 17" revised reduction must be provided. * Denotes Informational Comment cc: Four Peaks Development,Inc VIA FAX ABOVE Area Surveying,Inc. VIA FAX ABOVE J.E.Levitt Engineers,Inc. VIA FAX (817)488-3315 Attn: John Levitt LAcma wp-Filas mv\9!\9/092PA1.MPD Page 2 5&i6 j i A ei V 1 C7 ci)�i ttaC �L i I! 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'' � • + s+ I 1 I _ 11 I . it —�- -,.I , - ,S( I I I 1II1l 1iV'tI!i . _..: igia City of Southlake,Texas STAFF REPORT September 11, 1998 CASE NO: ZA 98-092 PROJECT: Plat Revision -Proposed Lots 4R2R1 through 4R2R3, and Lots 4R3R1 through 4R3R5.Block 6, Southridge Lakes.Phase C-1 STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lots 4R2R1 through 4R2R3,and Lots 4R3R1 through 4R3R5,Block 6, Southridge Lakes,Phase C-1,being a revision of Lots 4R2 and 4R3,Block 6, Southridge Lakes,Phase C- 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4246,Plat Records, Tarrant County, Texas, and being approximately 6.49 acres. LOCATION: East side of North Peytonville Avenue approximately 200' north of West Southlake Boulevard (F.M. 1709). OWNER/APPLICANT: Four Peaks Development, Inc. CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Office Commercial NO. NOTICES SENT: Twelve (12) RESPONSES: None P&Z ACTION: September 3, 1998;Approved(7-0) subject to Plat Review Summary No. 1, dated August 28, 1998, deleting Item #6a (provide lots perpendicular or radial or the R.O.W.). STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated August 28, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-092PR.WPD SE-1 15 k ��-s*,*Asiaw .twoo , 1 ei I N-F+ t TR211 2121 ,' �' I 1 I _ 6 tia0`1 a3 YMANNIF ulti 4/ iViilliklia la in 11411.1 ..1 c 1\ ' - ... &mow. 165k 1711c I OUP■-■�� jTR TR11t MAUI 1 23 AC To G■iR,AVM"n� I or- M.� E-�•".. TRIALig Iii .- trAth •••l.ti m loilm1►4V �• ��-' TRZM 4.W AC 1 Jiiiiui.i ,,11 k IIIMENt. ICS MAIIIIP - '''' 411571710 '! 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N if, ,E 1 111, ' 1y 1 I1 :t1t,tt i,41 — 1 11 I� r. r ., 1 I •1.?illt1* LFi _ Iilt .I' • o ■.Lf.c►La N Imo` 1 .. a I ?j ; { �q(1� {i 1 0 I I' 1! ��ti€21 pCS`� I • ,� s 1 II II 1 <g 3991 It - ` - i Y, ,z 1 I I I — 1t 1 G L .. ..�_ .e col :.`, ..r ec rot ! E - N a asa►o N •• + k I i ►as t LLaouo N i ' wolf L o .i f C' 1 F{ PF p4 Ffy- LI is i 1 ill i e I 6 �f #f 1 1 r : ' City of Southlake,Texas FLAT REVIEW SUMMARY Case No:ZA 98-092 Review No:One Date of Review: 08/28/98 Project Name:Plat Revision- Lots 7 Thru 14.Block 6 SouthRidge Lakes Phase C-1.being a revision of Lots 4R2 and 4R3. Block 6. Southridge Lakes. Phase'6A. being 6.49 acres out of the A. A. Freeman Survey, Abstract No. 522 APPLICANT: SURVEYOR: Four Peaks Development,Inc. Area Surveying.Inc. 100 W. Southlake Blvd.#320. Suite 234 102 W. Trammell St. Southlake.Texas 76092 Ft. Worth.TX 76140 Phone: (817) 329-6996 Phone: (817)293-5684 Fax: (817)481-4074 Attn:David McMahan Fax: (817) 293-5685 Attn: Rodger W.Hart CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/10/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED . FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MCROY AT(817)481-5581,EXT.880. 1. Place the City case number"ZA 98-092" in the lower right-hand corner of the plat. 2. Below the main title, change the language to the following: Being a revision of Lots 4R2 and 4R3 ,Block 6, Southridge Lakes Phase C-1 as shown on the Plat Revision as recorded in Cabinet A Slide 4246, P.R.T.C.T. 3. In the fifth line of the legal description, change the words "amended plat" to "plat revision". 4. In the notary statement,add the words, "and as the act and deed of said corporation" after the words "in the capacity herein stated". 5. Add a lienholder statement and signature block with notary to the plat. If there is/are no lienholder(s) then add a statement to this effect. The standard language for these statements is attached. 6. The following changes are needed with regard to lotting: a. Provide lots perpendicular or radial to the R.O.W. Lot 4R3R2 and 4R3R3 do not appear to meet this requirement. (P&Z Action 09/03/98: Delete) b. Increase the lot width of Lot 4R3R2 or provide a common access easement through one of the adjacent lots. The provided lot width does not allow sufficient space for a driveway and the required bufferyards. c. Replace the shown lot numbers with consecutive lot numbers beginning with "Lot 7". Although the proposed lot numbers conform to the standard city protocol, staff believes • this simplification will be less confusing. Ensure the graphic,title,and dedication reflect c this change. L.\ ,m-1ILi8A,lv\9$\99C924R1.WPD Page 1 re-.5- 1, < City o1 Southlake,"Texas 7. The following changes are needed with regard to easements: a. Show and label the type,size and deed record of all existing and/or proposed easements on the property. b. Provide easements for water, sewer and/or drainage in compliance with approved construction plans. c. Provide a 10' U.E. along the north and east side of Corporate Circle within the shown Lots 4R3R1 thru 4R3R5 in order to provide adequate space for maintenance of the city utilities within the R.O.W. d. Show and label any Common Access Easements proposed. Although a C.A.E.may only be needed on Lot 4R3R2,the schematic layout previously presented for this site showed common drive connections suggesting such easements. Common Access Easements and/or future driveways must be in compliance with the Driveway Ordinance including issues such as spacing, stacking depth,etc. • 8. Provide a bold line around the property boundary including the Corporate Circle R.O.W. Include the width of the R.O.W. in the boundary dimensions. * All lots within this subdivision are subject to the Zoning Ordinance Section 43 -III (Residential Adjacency). Site plan approval is required for any construction on these lots. The R.O.W. transition from 84' to 74' of width along Peytonville Ave. as shown conforms to the previously approved plat revision of this site. (Approved 10/21/97 Case Number 97-131) * A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. • * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals,appear on the plat. • * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 09/08/98. If not received by that time,no review will be prepared until the following submittal schedule.All 17 revised submittals must be folded 6"x 9" and an 11"x 17" revised reduction must be provided. * Denotes Informational Comment cc: Four Peaks Development,Inc VIA FAX ABOVE Area Surveying,Inc. VIA FAX ABOVE J.E.Levitt Engineers,Inc. VIA FAX (817)488-3315 Attn: John Levitt L: COIO MP-FILWA IV1 9•\9•092N:1.M Page 2 1 S&A � V 3 cvC4 el a W iiii, 11 �� i , I ' � ii' E � a `� � a ii .,c0co Ivi ele is 0 li 1 ili row czi !IiiiNg pig <a , +Jo .1 en. i ... a.-1 Q't-1 ►4 l!d R"# i 6 p 1 it p _nie St to 1 st 1 rz .d. 0 J.r ct li 01 gig 44 i ..44 ul r,: , i.111 tot bp hit . •-4 Zit / o 41 N/ I I I; 1. - III I. __ l. . II JI g a ( !! t IS .,, , ill l III �. III I I _� cv I I . . . �— I ""` - i wrr JJf�� r III - , .• - -- . __ . -�--�.MN -- 4 f1 f►1 .�� III t _ " il ' Irir. f t �_ Iii ff Mi ( Of i .-1 I •.0.11000M I •.LM/.:MN I • g I ig I : III �, N 4-1 I tf. ,t" iJ 1i' . il i L I r of ufII x. trw ! r el, s aIN.11.60N N N.[LOON i 0 It: M I III1N = I s . I . !i ICI _ ! _ ll ti._ 1I fYAf _ - „N A f i igi 1 1 I iiii _.,.. ....___ __:_ ........ .....__ 0 ""11- T ----I'll' i .11011141 \op City of South lake,Texas MEMORANDUM September 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 713, St. reading, Granting a franchise of Millennium Telcom, L.L.C. for the provision of telephone service within the city. Millennium Telcom, L.L.C. has approached the City to obtain a franchise agreement for providing telephone and cable service within the City of Southlake. The item on the current agenda is the telephone portion of their request, and we anticipate bringing forward the cable agreement in the near future. Millennium is a corporation formed in April of this year, headquartered in Denison. It was formed to provide voice, video and data to subscribers in various portions of Tarrant, Denton and Parker counties. The corporation is partially owned by Value Choice, Inc., a wholly owned subsidiary of Tri-County Electric Cooperative. Their business plan notes that they are working to become a Competitive Local Exchange Company (CLEC), but are taking the approach of targeting business and residential developments before construction is initiated. As such, they will be building a fiber network through proprietary marketing arrangements with developers and builders who will assist in marketing their products and services. Their goal is to provide high quality local services to customers at value driven prices. This type of request for franchise agreements was not a surprise. The Telecommunications Act of 1996 completely overhauled the federal regulations for the industry, transitioning it from regulated monopoly to a fully-competitive industry. The Act was passed with the intention of encouraging competition by allowing multiple telecommunications providers, each competing with one another, with some providing voice services, some providing data services, some providing video services, and some providing all three.(The significant construction expenditures incurred by companies attempting to penetrate the customer base of incumbent local exchange companies has limited the number of companies entering into the market, which is probably why we are processing our first agreement a full two years after the law was enacted.) Although many of the provisions of the 1996 Act will ultimately be defined through FCC decisions, court decisions, state legislation and municipal ordinances, they have already paved the way for new competitive companies like Millennium to enter into local markets. In spite of the federal regulations governing this industry, the Act does solidify the role of local governments as that of the landlord of the local public streets and rights-of-way, and of the various private companies that place facilities on those rights-of-way as tenants. Under the law, cities are entitled to fair compensation from those private companies, but must treat the rights-of-way users in a coordinated, nondiscriminatory way. This particular franchise agreement was negotiated by our city attorneys. Essentially, Millennium was agreeable to all of our requirements, agreeing to compensate the City of Southlake at 5% of gross receipts, which is generally considered favorable to the city. Our attorneys have pointed out that 5% is the maximum a city can charge a cable provider, and many telephone franchise fees are 3-4%. Our franchise fees with GTE and Southwestern Bell are not specifically based on percentage of gross receipts at this time. GTE's agreement was recently renegotiated and the charges are based on the number of access lines. Southwestern Bell is charged a flat fee which is adjusted annually with a growth factor. This agreement was negotiated before the Act was passed, and provided more revenue to the city for the small number of customers served by SWB than the previous agreement which was in place. (Our previous agreement with them was based on 4% of their gross receipts, which resulted in less compensation than the flat fee imposed in our new agreement.) The current SWB agreement is the result of complex negotiations with SWB, who had taken a position that the company was not required to obtain a franchise from cities. In any case, the growth factor incorporated into the agreement has resulted in almost double the collection of fees from 1997 to 1998. The Millennium agreement compares favorably to the SWB agreement. (tro, The attorneys were putting the finishing touches on the agreement with Millennium late Friday. As such, I do not have a copy of the agreement to place in the packet. A copy of the agreement will be disseminated to Council as soon as it becomes available to staff. Please place this item on the Council agenda for the September 15, 1998 meeting for consideration on first reading. Ar L 5F-z City of Southlake,Texas S - .. - .. .., . „- .. .� ^'�r.h .. _, _,i,.. .�5 .r. ... i F�.. � ! .. . _ 'Ts tis Y; �j.:A7�,.1/ .. .. _zbj..... x�� MEMORANtUM September 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Ordinance No.717, 13` reading,Amending Chapter 18,Article III, Section 18-79 of the Southlake City Code, designating the speed limit as 25 miles per hour for certain streets. The neighbors along Lake Drive have requested that the reconstruction of their street be completed with a pavement width of 18' rather than the standard 22' cross section. This was discussed in great detail with the neighbors at the recent meeting held on Wednesday, September 9, 1998. Staff is recommending that the speed limit be reduced from 30 miles per hour to 25 miles per hour along Lake Drive, since the narrow roadway may cause safety hazards at faster speeds of travel. Additionally, Ordinance No. 717 provides for 25 miles per hour than the previously discussed 24 miles per hour. It has been recommended that the City go back to the 25 miles per hour speed limit for the streets in the Timber Lake, Southridge Lakes, and Coventry Manor subdivisions approved by the City Council at the September 1 meeting. This will allow the City to post the appropriate signage on those streets with a reduced speed limit. Please place this item on the agenda for City Council consideration at their regular meeting on Tuesday, September 15, 1998. Attachments: Ordinance No. 717 C City of Southlake,Texas (.11 AN ORDINANCE AMENDING CHAPTER 18, "TRAFFIC AND VEHICLES". OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED, BY; DESIGNATING THE SPEED LIMIT WITHIN THE TIMBER LAKE SOUTHRIDGE LAKES, AND COVENTRY MANOR SUBDIVISIONS AND ON LAKE DRIVE AS 25 MILES PER HOUR; DIRECTING THE DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS; 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 Local Government Code; and WHEREAS, pursuant to Section 545.352(b) and 545.356, Texas Transportation Code, the City of Southlake, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways; and (we WHEREAS, a special hazard exists that requires a slower speed in order for an operator to drive at a speed that is reasonable and prudent under the existing circumstances in the neighborhood; and WHEREAS, the prima facie maximum reasonable speed limits adopted herein are not in conflict with any order of the Texas Transportation Commission declaring speed limits along any roadways within the city limits of Southlake; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1. SPEED LIMITS ESTABLISHED That Section 18-79 of Chapter 18, "Traffic and Vehicles," of the of the Southlake City Code (we 9-11-98 (� � Page 1 is amended to read as follows: 1* L The prima facie maximum reasonable and prudent speed for travel on the portions of the streets or highways designated in this section shall be the speed in miles per hour(mph) designated as follows, provided that an appropriate sign giving notice thereof is erected: Street Speed Limit (mph) North White Chapel Boulevard from F.M. 40 1709 to the north end of White Chapel Boulevard F.M. 1938 (Davis Boulevard) from mile point 45 0.000 south 0.892 mile to mile point 0.892 All portions of the following streets located 25 within the Timber Lake Addition, including Lake Forest Dr.,Edgemeer Ln.,Edgemeer Ct., Shorecrest Dr., Parkcrest Dr., Elmbrook Ct., Shorecrest Ct., Parkdale Dr., Windmere Ct., Timber Lake Cir., Winding Creek Ct., Le, Shadybrook Ct., Glenbrook Ct., Brookdale Ct., Woodcrest Ct., Shadow Glen Dr., Timber Lake Dr., Timber Lake Way., Ridgedale Ct., Timbercrest Ct., Brook Meadows Ct., Lakehurst Ct., Spring Brook Ct., Woodglen Ct., Parkdale Ct. All portions of the following streets located 25 within the Southridge Lakes subdivision, including San Jacinto Ct., Sabine Ct., Donley Ct., Irion Ct., Valverde Ct., Gregg Ct., Pecos Dr., Houston Ct., Liberty Ct., Concho Ct., Coreyell Ct., Stonewall Ct., Crockett Ct., Bosque Ct., Brazos Ct., Sterling Ct., Presidio Ct.,Blanco Ct., Bowie Ct., Travis Ct., Brazos Dr., Loving Ct., Bandera Ct., Llano Ct., Kleberg Ct., Southridge Lakes Pkwy., St Augustine Ct. All portions of the following streets located 25 within the Coventry Manor subdivision, including Turnberry Ln., Coventry Ln.,Exeter Ct., Ramsgate Ct., Devon Ct., King's Ct., LSuffolk Ct., New Castle Rd., Norwhich Ct., Thetford Ct. 9-11-98 Page 2 r (...." Lake Drive 25 SECTION 2. POSTING SIGNS; INVENTORY The Director of Public Works is hereby directed to ensure that appropriate signs are erected and maintained giving notice of the speed limits adopted in this ordinance and to file an updated inventory indicating the new speed limits with the City Secretary as provided in Section 18-82 of the City Code. SECTION 3. CUMULATIVE CLAUSE 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. SECTION 4. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the e City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable and if any phrase, clauses, 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 its ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. ce SECTION 5. PENALTY 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 hundred dollars ($ 200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Chapter 18 of the Code of Ordinances of the City of Southlake,or any other ordinances or statutes adopting prima facie reasonable and prudent speed limits 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 7. PUBLICATION 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 final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. 9-11-98 Page 3 r SECTION 8. EFFECTIVE DATER 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. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1998. (hre MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Effective: L 9-11-98 Page 4 City of Southlake,Texas MEMORANDUM September 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 715, 1st reading,Granting a license to American Communications Services of Texas, Inc., for the installation of telecommunications equipment within certain portions of city right-of-ways. American Communications Services of Texas, Inc. (ACSI)has requested this license to construct a telecommunications network within the City of Southlake's right-of-way. ACSI is an integrated communications provider licensed and doing business in the state of Texas. ACSI of Texas, Inc. is the local operating subsidiary of e.Spire Communications, Inc., a Maryland based telecommunications company providing integrated communications services throughout the U.S. ACSI is a facilities based telecommunications company certified in the State of Texas to provide services to commercial companies. The company offers a full array of telecommunications services. Materials have been attached to my memo which describe more fully their services. Although ACSI may provide services to Southlake customers in the future, they are planning to simply pass through Southlake at this time. Exhibit A of the agreement (ordinance) includes a map showing their route through town. Note that they are only intending to use our right-of-way along Kimball Avenue between FM 1709 and SH 114. This agreement will allow their use of the right-of-way under certain conditions, as long as they do not turn up service within our city limits. At that point, they will need to negotiate a franchise agreement with the city. Since no such agreement has ever been executed for the City of Southlake, I took the time to discuss this company and the proposed license agreement with my contacts in other cities. I discovered that it is standard to charge $1 per linear foot as rental for use of the right-of-way in instances where the provider offers no services within the jurisdiction. This agreement proposes this fee for the 1,025 linear feet covered from the SH 114 south right of-way to the FM 1709 north right-of-way along Kimball Avenue. The rest of the route will be covered using state right- of-way. I also reduced the term of the agreement from five to three years, since the agreement does not propose escalation of the fee (for example, indexing it to the Consumer Price Index or some other measure) during the term. It is my understanding that representatives from ACSI will be present during the meeting to answer any questions you or the City Council may have about their company, services, or this agreement. Please place this ordinance on the Council agenda for the September 15 meeting. SEP-11-1998 12:19 LAW FIRM 817 332 4740 P.03/09 ORDINANCE NO. AN ORDINANCE GRANTING A LICENSE TO AMERICAN COMMUNICATIONS SERVICES OF TEXAS, INC. FOR THE USE OF DESIGNATED RIGHT-OF-WAY IN TSE CTTY FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT; PROVIDING FOR COMPENSATION; PROVIDING TERMS AND CONDITIONS OF THE LICENSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,American Communications Services of Texas,Inc. ("Licensee")and the City of Southlake ("City") intend to negotiate the terms of a franchise agreement for the use and occupancy of the City's rights-of-way to erect,construct,replace,reconstruct,maintain,and operate a telecommunications system in the City;and WHEREAS,Licensee desires the immediate use of certain public right-of-way in the City for the installation of telecommunications equipment before the grant of a franchise;and WHEREAS,the use of the City's right-of-way under the License granted by this ordinance will be conducted in such a manner that it is not inconsistent with other uses of the City's right-of- way and will not be used to provide services within the City,NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CM OF SOUTHLAKE: (we' SECTION 1. Grant of use. The city council hereby grants to Licensee, a non-exclusive License to use and occupy a portion of the City's right-of-way for the installation and maintenance of telecommunications equipment, in, across, or under the public right-of-way located on Kimball Avenue between FM 1709 and SH 114 as indicated on the attached Exhibit A("Designated Right- of-Way"). This license does not authorize the installation of equipment or the use of equipment in the right-of-way for the purpose of providing services to customers within the City. SECTION 2.Nonexclusive. Licensee's tight to use and occupy the Designated Right-of- Way is not exclusive and is subordinate to the right of the City to use the licensed area for any public purpose or to grant a similar use to other persons or entities during the term of this License. SECTION 3.Term. The term of this license begins on the date of acceptance by Licensee and terminates on October 1, 2001, or upon the acceptance by Licensee of a franchise for the operation of a telecommunications system in the City, whichever occurs first. SECTION 4. Compensation to the City. (a)As compensation for the use and occupancy of the public right-of-way,Licensee shall pay to the City an annual payment of S 1.00 per linear foot for the length of the Designated Right-of-Way as indicated on Exhibit A. The first annual payment is due and payable within 45 days after the L'N-a SEP-11-1998 12:20 LAW FIRM 817 332 4740 P.04/09 effective date of this License and within 45 days of each anniversary date of this effective date. If not paid within 45 days of each due date,interest shall accrue until paid at the annual rate of 10 percent. (b)The annual payment is in addition to and exclusive o!;all general municipal taxes and fees, including,but not limited to, ad valorem taxes, sales taxes, special assessments, and permit fees. (c)Payments shall be made to the City of Southlake. SECTION 5.Administration of the License. (a) The director of public works is the principal City officer responsible for the administration of this license and shall review the operations of Licensee in the Designated Right-of-Way. (b) Upon reasonable written request by the director of public works,Licensee shall inform the director as to all matters in connection with or affecting the location,construction,reconstruction, maintenance,and repair ofLicensee's facilities in the Designated Right-of-Way. Licensee shall report to the director of public works, all material changes to Licensee's facilities. (c)Notices required by this License may be given by registered or certified mail deposited in the United States mail in the continental United States,postage prepaid. Either part may change the address at which its notices are received by giving written notice to the other,to change the address. (be Until a change is made, notices to the City shall be delivered to: City Manager City of Southlake 1725 E. Southlake Blvd. Southlake,TX 76092 Until a change is made, notices to Licensee shall be delivered to: With copy to: General Counsel D'Juan Hernandez e.Spire Communications,Inc. Attorney 133 National Business Parkway e.Spire Connnunications Inc. Suite 200 1250 Poydras Street Annapolis Junction,MD 20701 Suite 500 New Orleans,LA 70113 SECTION 6. City work. If the City in the exercise of its discretion, determines that work should be done in connection with a public improvement that will affect the Designated Right-of-Way and any of Licensee's installations, Licensee, at its sole expense, shall be responsible for any modifications to its installation or equipment necessitated by the City's work. (haw Fay S/1- 3 SEP-11-1998 12:20 LAW FIRM 817 332 4740 P.05/09 SECTION 7.Removal of Licensee's equipment At the time this License is terminated for (1.„. any reason,if no replacement license or franchise is approved,Licensee shall remove all installations of equipment located in the Designated Right-of-Way and restore the premises to its former condition. If the Licensee fails to remove its installations or restore the premises,the City shall have the right to perform the work or cause the work to be performed and assess the cost of the work against the Licensee. SECI'ION 8.Insurance. Licensee shall carry,at its sole expense,public liability insurance against personal injury and property damage with a company authorized to do business in the State of Texas and satisfactory to the City,against any and all claims for damages to persons or property as a result of or arising out of the use, operation, and maintenance by Licensee of the Designated Right-of-Way and Licensee's installations,equipment,landscaping,and other work in the area. The insurance shall name the City as an additional insured and shall be in an amount of not less than: Property damage, per occurrence _ S 500,000 Bodily Injury or Death, per occurrence S1,000,000_ The policy shall bear an endorsement to the effect that no cancellation will be effective without first (6.., giving 30-days'written notice to the City. Licensee shall furnish the City a certificate evidencing this insurance coverage within 30 days of the acceptance of this ordinance. Should Licensee allow the insurance coverage to lapse,or fail to provide a certificate as required during the term of this license, the City shall have the right to terminate this License. SECTION 9.Indemnity sad waiver of claims. (a) LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD THE CITY HARMLESS AGAINST ANY AND ALL CLAIMS FOR DAMAGES,COSTS,AND EXPENSES, TO PERSONS OR PROPERTY THAT MAY ARISE OUT OF,OR BE OCCASIONED BY THE USE, OCCUPANCY, AND MAINTENANCE OF LICENSEE'S INSTALLATIONS AND EQUIPMENT WITHIN THE DESIGNATED RIGHT-OF-WAY, OR FROM ANY ACT OR OMISSION OF ANY REPRESENTATIVE, AGENT, OR EMPLOYEE OF LICENSEE. THIS AGREEMENT SHALL ALSO COVER ANY CLAIM FOR DAMAGE THAT A UTILITY, WHETHER PUBLICLY OR PRIVATELY OWNED, MAY SUSTAIN OR RECEIVE BY REASON OF LICENSEE'S USE OF THE DESIGNATED RIGHT-OF--WAY. (b) Licensee shall not make any claim against the City for damages that it may suffer by reason of the installation, construction, reconstruction, operation, or maintenance of a public lacighliiikedisocesspirdiemse Pie 5W- y SEP-11-1998 12:21 LAW FIRM 817 332 4740 P.06/09 .. y.... ,r •• a, ...-.j': t "�.., ,... r.,. -.:"x ....: .;..;: >s..,-++ eF...t .. ,,r.. •a,lti'Y"'Y- '•a, .s�,,•swJtif„�4,, ;:c �,+siaC-.sy.�, improvement or utility,including,but not limited to,water or sanitary sewer mains,and storm sewer and drainage facilities or by reason of flooding, infiltration, backflow, or seepage caused from the failure of an installation, natural causes, or from any other cause. (c)It is the intention of this indemnity and waiver and a condition of this License,that it shall be full and total indemnity against every claim that may be asserted against the City by reason or as a consequence of having granted permission to Licensee to use and maintain the Designated Right-of- Way. NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION, AS BETWEEN THE CITY AND THE LICENSEE AND WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY OF THE CITY,LICENSEE SHALL NOT INDEMNIFY THE CITY NOR WAIVE ITS CLAIMS FOR ANY ACTS OF GROSS NEGLIGENCE ON THE PART OF THE CITY. SECTION 10. Existing facilities. This License is subject to any existing utilities or communication facilities presently located within the Designated Right-of-Way_ licensee shall not construct or place installations in the Designated Right-of-Way in such a manner as to interfere with the operation of any utility or communications facilities. All utilities and communication companies shall have full right of ingress and egress to or from and upon the Designated Right-of-Way for the (ow, purpose of constructing,relocating,inspecting,patrolling,maintaining, and removing their systems without the necessity of procuring permission from anyone. SECTION 11.License violations. If Licensee fails to comply with any provision of this License,the city council may terminate the license in accordance with the following procedures: (a)If Licensee continues to violate or fails to comply with the provisions of this License for a period of 30 days after the Licensee receives written notice from the City of the violation or failure to comply, or fails to take steps to cure the violation or failure to comply within the 30-day period, the city council may terminate this License. If,however,the Licensee begins efforts to cure violations within 30 days after receipt of the written notice and continues the curative efforts with reasonable diligence until completion,the city council shall not terminate the License. (b)If a violation or failure to comply continues after the 30-day notice period,the city council may terminate this License by giving the Licensee 15-days' written notice of a public hearing concerning the proposed termination. The Licensee may appear at the public hearing and present its case. After the public hearing,the city council may find a violation of or failure to comply with this License and terminate the License. Par Jam_S� SEP-11-1998 12:21 LAW FIRM 817 332 4748 P.07/09 • SECTION 12.Venue and governing law. (kw (a) VENUE OF ANY COURT ACTION BROUGHT BY REASON OF THIS LICENSE SHALL BE IN TARRANT COUNTY, TEXAS. THIS LICENSE SHALL BE CONSTRUED UNDER AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS,AND ALL OBLIGATIONS OF THE PARTIES CREATED BY THIS LICENSE ARE PERFORMABLE IN SOUTHLAKE,TEXAS. (b)This License is subject to applicable state law and the charter and ordinances of the City as they exist or may be amended. SECTION 13.Assignment. Licensee shall not assign this License without prior written approval from the city manager,which will not be unreasonably withheld. An assignment must recite that it is subject to the terms and conditions contained in this ordinance. The assignee shall deliver a copy of the assignment, along with the assignee's written acceptance of the provisions of this ordinance,to the city manager within 10 days of the assignment. SECTION 14.Effective date of License. This License shall not become effective until and unless Licensee files with the city manager a written acceptance of the terms and conditions of this ordinance. If the written acceptance is not filed within 180 days after passage of this ordinance,this (le License is automatically terminated. SECTION 15.Ordinance cumulative. This ordinance shall be cumulative of all provisions of ordinances and of the Southlake City Code, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances and the Code,in which event the conflicting provisions of the other ordinances and the Code are hereby repealed. SECTION 16.Severability. 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 invalid or unconstitutional by a court of competent jurisdiction,with the exception of Section 4, the invalidity or unconstitutionality shall not affect any ofthe 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 17.Effective date of ordinance. This ordinance shall be in full force and effect (tiv, from and after its passage, and it is so ordained. IsoaddabAorimAssoirdiceire s SEP-11-1998 12:22 LAW FIRM 817 332 4740 P.08/09 p PASSED AND APPROVED ON FIRST READING on this day of , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING on this day of , 1998. MAYOR ATTEST: Lie CITY SECRETARY 140PROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: (kr wmaikeuidimeftwklaceite Par 6 V .; 3 .._ii_77 cu T „ -- J' MI • J ivlz T T T --T 1-- a Ian. _, I 1 --,iii_i,,,,— L _,1 I. L r---r a l I r -11 T` 1t CIA O - 11 . __ �; i : rp -7 l' 1I. CIJ r ' - -,-..._ id'1 .i.i f __ it a.1 L , (Ci c:id O s MC 141.1. 0 }+ 1. pir Lip.) M CD •ENO O MC ran-1 _� L -� . V +r s rVI Cle) (IS C Z - -ji i,- a 14, , n, t ,� Ei _ Muni' t!iNI E � I Tit NM •. 1 I O >•4 .04) co) E zY;',' -1--fiT -0.,,.-i -,-,,,7/1-4J , ---. 1 ' PSI - I 1 r k�a_� • Th, u' , • — I, t.,,, Th r�i`,�4,p _ Vrap, ,� I l_ to etS �� _,, ,,III _- 1 r 1'-TT r J Y -_I}4 1-- � Hr o' < _____ _, , 7-, Jr- _C I,7 l F a =-- ii -Ti_ � 1 — z �— 1 [Till 1 CiMNP `ter, , June 8, 1998 ....-,t_ ilitelleirlarth The Public Network Newsmagazine info rmati o n w . . cA1k The intelligent networks shaping the Information Age Are you being served? maanICPs o ffer b d led •services t o s ll businesses By Tim Wilson Dedham, Mass., consultancy. "Small busi- tion technology and they don't want to deal There was a day not too long ago when the nesses can get service from their carriers, with it," said Josh Soske, president at Fre- phrase "service bundling" meant putting but they have different needs, and they mont, Calif.-based Vina Technologies Inc., charges for a couple of different voice have not been targeted effectively." one of several suppliers building equip es on the same bill. And the established carriers may be ment to help ICPs provision a wide range v,how times have changed. missing out on a good thing. In the United of services over a common connection. Today, telecom service providers are States alone, it is estimated that there are "When small-business managers find out rushing to package their offerings in a myr- between 6 million and 7 million companies they have to deal with three different ser- iad of ways: Voice and data. Frame relay with 10 to 100 employees, the fastest-grow- vice providers just to get ISDN, that's very and Internet access. IP and virtual private ing segment of American business. frustrating for them. They want a single networking. Thanks to the advent of Web advertis- bill and a single 800 number to call when Yet, as revolutionary as these combo of- ing and e-commerce, small and midsize they have problems," Mr. Soske said. ICPs ferings may seem, a new are the carriers that class of carriers is taking want to provide those bundling to an even e.spire Communications Inc. integrated services. A higher level. Instead of Annapolis Junction, Md. closer look at three ICPs offering just a few ser- www.espire.net 1 < will illustrate how they vices over a common p are offering those ser- Jack Reich, president and CEO access link, these ia vices today—and where providers are offering— •1997 Revenue: $59 million --- 41:-. they are headed. well,everything. •Services Offered: ATM, audioconf t- ' t Transforming ACSI Known collectively as encing, frame relay, Internet acce-_,,, integrated communica- v' *OOP'1 _ American Communica- tions providers (ICPs), ISDN, local, long distance, security .e;=. tions Services Inc. was this new breed is target- services, voice mail, Web hosting weary 6f the wars fought ing small and midsize •Geographic Reach: Integrated ser- every day by competitive businesses with services - access providers(CAPs). that range from Internet vices currently available in 12 cities; sched- that becoming a compet- access to local and long- uled to grow to 25 by the end of 1998 itive local exchange car- distance voice service to rier (CLEC) didn't give frame relay and ATM. In ACSI much of a market -cases, they provision all of these ser- businesses are seeking sophisticated net- edge. So in April,ACSI changed its strate- (pre% over a common access line, usually a working services to support their products. gy, its service offerings and even its name, which operates at 1.544 megabits per But unlike Fortune 1000 companies, most relaunching itself as e.spire Communica- second. of these businesses don't have a communi- tions Inc. "They are going after a market that is cations manager,a network services plan or Though not one of the largest ICPs, pretty much unserved by the other carri- even the desire to know anything about e.spire offers a wide array of services. Cus- ers—small business," said Rick Malone, a technology. tomers of its Platinum service—which is principal at Vertical Systems Group, a "Small businesses don't enjoy informa- offered in 18 cities so far—can get frame relay, ATM, local voice, long-distance they are more likely to follow Frontier's vices at Intermedia. "The question for us voice, Internet access, ISDN, e-mail and model than e.spire's.Frontier has leveraged ,was how can we_penetrate the custome Vie•" other services over a single access link. an existing infrastructure and customer with multiple services over one link, rather #; ACSI decided to become e.spire largely base in its effort to offer multiple services than multiple links." because it recognized a shift in the small- over a common link. "Companies like Intermedia view t business market, said Vernon Irvin, senior "What we discovered is that if you can selves as the LEC-based versions of Wor vice president of marketing and strategy at give the customer multiple services and a Com [which grew to enormous size e.spire,Annapolis Junction, Md. single bill, customer loyalty increases sig- through acquisitions]," said Mr. Malone of "We brought in some customers that nificantly," said Allan Van Buhler, vice Vertical Systems Group. spend less than$3,000 a month in commu- president of product management at Fron- That's why Intermedia was one of the nications services and for the first time tier, Rochester, N.Y. "They want you to first carriers to buy products from Vina, , they were talking about technology," Mr. provide one set of services—you may have which offers a device that integrates a Irvin said. "We have one customer who op- to go through three different loops to get channel bank, a DSU, a firewall and an IP erates a small floral shop; she's now doing there, but you have to make that transpar- gateway for carriers. Intermedia participat- a half of her business over the Internet. ent to them." ed in the development of the Vina tool, When we heard that, we just knew we Frontier offers the local and long-dis- which is intended for use by sites of could not go out into the market with a tra- tance services of its predecessors, as well as between 10 and 100 users. ditional voice/data service bundle. enhanced data and Internet services, some "These boxes will be extensions of our "Those small users also told us they of which were acquired through the acqui- network, not CPE [customer premises wanted integrated services," Mr. Irvin said. sition of Global Center, an ISP. If cus- equipment]," Mr. Madrid said. "They will "They had too many invoices, too many tomers want cellular service, they can ac- help us to consolidate costs and manage- people to deal with. They wanted sim- cess Frontier Cellular, a joint venture with ment and make it simpler to provision plicity—they didn't want to have to know Bell Atlantic. services." about routers or key systems or channel One of Frontier's advantages is its con- Because it is not weighed down by exist- banks. solidated management and customer-care ing infrastructure, Intermedia has adopted "And one other thing they told us:Make system, which handles ordering, provision- an aggressive deployment strategy for the sure it's priced right,"Mr. Irvin continued. ing and management of multiple services, Vina boxes and the integrated services they "While customers that spend $3,000 or Mr. Van Buhler said. "Our big question support. "We intend to have these inte- more a month are more concerned about right now is how to let customers take con- grated services available wherever we have reliability than price, the small businesses trol and do it for themselves," he said. "We a data presence," Mr. Madrid said. "That's said they would not be willing to pay even will offer electronic-interfacing capabilities not a casual statement, because that is a 10 percent more for a bundled service. So that will let them review bills, add and very big undertaking." that was our challenge." delete services and turn calling cards on To provision its initial services, e.spire and off from their own sites." Size matters used fairly traditional equipment such as All of the ICPs agree that their larger corn- channel banks that can be switched to sup- Shifting gears petitors have one thing they don't have— port differing arrays of services. In the fu- Frontier recently decided to move upmar- inertia. In order to provide integrated ser- ture, the companywants to put its traffic ket with its integrated services, and it is vices, companies like AT&T and onto next-generation technology such as now targeting customers in the $3,000- to WorldCom Inc. will have to find ways to voice-over-IP. $50,000-per-month billing range, Mr.Van unify their equipment, their business units But while other carriers struggle to Buhler said. and their marketing strategies, experts unify their disparate legacy services,people But those ICPs with roots in the voice noted. and equipment,e.spire is aiming to be first market will need to work especially hard to "AT&T and WorldCom have different in the integrated services market. "One of prove their data capabilities before they are business units that operate independently the reasons we rushed to do this is that we accepted by larger customers, said Vertical and are not incented to put together inte- think this is the high ground," Mr. Irvin Systems Group's Mr. Malone. "Until they grated services," Mr. Malone said. The said. "Some providers are busy saying they get good at data, they don't have a full Bell companies are in even worse shape— have the fastest IP network or the best story to tell,"he said. they probably will not be able to offer inte- long-distance network.We don't think cus- If creating an ICP business model in- grated services for several years, because tomers really care about that—they just volves a build-vs.-buy decision, Intermedia they must jump many regulatory hurdles to want it to work." Communications Inc.,Tampa, Fla.,may be get there,he noted. If e.spire is one of the smallest ICPs, the best example of the "buy" model. In So for the time being, it appears that Frontier Corp. is one of the largest. the past year, Intermedia—a major frame smaller carriers will be the movers and Formed five years ago through the merger relay service provider—bought a long-dis- shakers in the ICP market. "Our competi- of long-distance provider Alltel Corp. and tance carrier (LDS Communications Inc.), tion is gated by their size—it will take local exchange carrier Rochester Telephone a local service provider (National Telecom- them a while to catch up," Mr. Madrid Corp., Frontier was one of the first carriers munications of Florida), an ISP (Digital said. "Some of the small carriers think to capitalize on regulations allowing long- Express Internet Services Inc.) and a more'out of the box,'but they are gated by distance carriers into local markets. shared-tenant services vendor (Shared their financial resources. We're sitting right Technologies Fairchild Inc.). in the middle, which we think is the sv' Making the leap "The main driver behind those acquisi- spot." When larger interexchange carriers and tions was to establish a way for customers local exchange carriers enter the ICP mar- to add services quickly," said Rich Madrid, Tim Wilson is an editor at large at ket—and most experts agree they will— senior director of enhanced network ser- Internet Week. Copyright®1998 by CMP Media Inc.,600 Community Drive,Manhasset,NY 11030.Reprinted from INTERNETWEEK with permission. 0 I vti W •••...r . o A 1 OCC v 3 „i. •O 44/411,"' ,---4 W d Cill 111111)111111 CD CiCa Cb-Cs to c a- 0 m sal a� o y - o Mitt . ›. CID /^� N =MN as .� ..0 b C O O \/ s O �.E .. r 'b Oa) E .eu tT `C _C a N . 1 n l0 V'1 ; i1 0-2 07 -'1 0 O a N o d CO b • C �' E N o41) 2 Q > a a S ba `�' d u -=_ a c a, �X O ,J , Les a a c a� CD . o aO O E AI -=.N '5 C C, c m 0 -=N a 4 F..� = b s ' co _ o v m c 0 r^ 0 a o N ,' L'� o rilin E �CC ca 5 _ m o y O a o o` m� NCO a CII NG _J , filitl , . 7�a s v+ o CS N N ill 1 CI m oN o c O._ ~ • _ o , . .� I N_ c Q vv o •- c "' Q ' 0/� W • i — CI N Q c as o a van a N ' Cr Cl... i E O /) i Q. v., .. it c VIL O c`a n ^ •ft O vI as r\ a.• c = z Q 4. i- a a y L ,( J I)O Oi _ _ v_1 o a. 41 _ . .. .. o 0E 0 v+ E O 0 City of South lake,Texas • MEMORANDUM September 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Dennis Killough, Sr. Planner CASE NO: ZA 97-096 SUBJECT: Variance to the Subdivision Ordinance No. 483-G, Section 4.01(1)2 (Plat Expiration) Extending the Validity of Case No. ZA 97-096, Plat Revision -Lot 1R1 and 1R2,W.W. Hall No. 695 Addition On August 19, 1997 City Council approved the above referenced plat. This plat has not yet been filed in the County Plat Records and expired on August 20, 1998. The consultant, J.E. Levitt Engineers, acting on behalf of the owners, Crestwood Park Joint Venture, has requested that the validity of this plat be extended 30 days from the date of City Council's action upon this request. Because this plat has expired, a variance to Section 4.01(I)2 of Subdivision Ordinance No. 483-E (shown below)will be required if the extension is to be granted. "2. All other plats: A Final Plat, Plat Revision, Amended Plat or a Plat Showing which has not been recorded in the County Plat Records within one year of the date of approval shall expire. " A letter from J.E. Levitt Engineers along with a location map (tract map) and a reduced copy of the plat is attached for your convenience. Please place this item on the next Council agenda for their consideration. DKK att: Letter requesting variance Location Map Reduction of the plat L:ICOMDEVIWP-FILESIMEMO197CASES197-096PE.WPD f- J. E. LEVITT ENGINEERS, INC. ,NGINEERS • PLANNERS 726 COMMERCE • SUITE 104 • SOUTHLAKE, TEXAS 76092 • (817) 488-3313 September 5, 1998 Mr. Dennis Killough Community Development City Of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Re: Plat Revision - Lots 1R1 & 1R2 , W.W. Hall No. 695 Addition ZA 97-096 Dear Dennis, I respectfully request an extension of thirty (30) days for approval of the above plat revision. This request is due to miscommunication between me and the surveyor, Alan Ward. We had submitted the plat for filing review when this matter was brought (4we to my attention. I apologize to you and your staff for any inconvenience this may have caused. Your assistance in this matter would be greatly appreciated. ycej 0111 Joh Levitt, P.E. 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Hawk, City Manager FROM: Dennis Killough, Sr. Planner CASE NO: ZA 97-119 SUBJECT: Variance to the Subdivision Ordinance No. 483-G, Section 4.01(1)2 (Plat Expiration) Extending the Validity of Case No. ZA 97-119,Final Plat-Lot 1, Block 1 and Lot 1,Block 2 Carroll I.S.D. No. 2 On September 4, 1997 the Planning and Zoning Commission approved the above referenced plat. This plat has not yet been filed in the County Plat Records and expired on September 5, 1998. The purpose for the delay in filing the plat was to await final as-built surveys to insure adequacy of easements. The plat is now ready to be filed in the County Plat Records and it is requested that the validity of this plat be extended 30 days from the date of City Council's action upon this request. Because this plat has expired, a variance to Section 4.01(I)2 of Subdivision Ordinance No. 483-E (shown below) will be required if the extension is to be granted. "2. All other plats: A Final Plat, Plat Revision, Amended Plat or a Plat Showing which has not been recorded in the County Plat Records within one year of the date of approval shall expire. " A location map (tract map) and a reduced copy of the plat is attached for your convenience. Please place this item on the next Council agenda for their consideration. DKK att: Location Map Reduction of the plat (taw, L:ICOMDEVIWP-FILESIMEMO197CASES197-119PE.WPD %\ , ; 1 : —4ffr 1 ;' 1 \ \ . ! t ill 77— ______e_A,. ,,' I 0,1100,FID i i I A\ I A -- E5i I I I - : -' I i i I CE I a. 1 Rax "T IViritio.410 G'imp. .7 , ! flH , i q istrzcz; /./N.,Pocr(IA<-Th I PPR* i',!--104.- ( , 441._,,rvhsE 1, 7- .1 ..r ,. ,, -• , � - I -�s>., /pp,* r-1 RN ee0. l 13 ------(1111.1 / litC%I. i MCA / 1, I __ 4 1 YT_70(LN I EN: i II I 1 €.7.1ff.,,e46'• lic".6.1g;,: . bum Niaelfta- , \ 2 I 2 my , III . -• •• ' pp_ li... !i I art II l • . s�� ,".AirmumOtrils. ; , toment,i1111111 - ,;( • Iiirft lo puilL, ,, . 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I1 a O� z< o.SB r. %t I .._LT)linL E. !tit, z� x8:.:- ...IL, .4.. p ass--t. i!u,,c - 3:'! ="a .ail!Ill _'_ I' a.";0Y Q :g_S"�-' `x. m b 4 s I ,, �.'' _} r}zti= *..A` I va a 13g y3y "% N -1Ri' '- chi a! a r3 3 s5 � �J8a.�`S`'S Z� k. j = IP •p b7 e.5d. ('.fwibv39 3Sva7 Away.r.6'.nr.a.3- y ' o c• '71�b'14�•��, 1 a .96'LZCL.3.Zl.10.00 N m p)ip L' g $a 1" jJ ✓: .1Wa' 11w TM 1 asxlm O t�i.dr' I Ra ' $ a' ... h ragar•I as d d' I ;egg . .r .. 1n3 MUMMY 1 -oN '0'S-1 TIMM I 9 ) S 3-3 City of Southlake,Texas MEMORANDUM • September 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to enter into a professional services agreement with Belcheff & Associates, Inc. for the engineering and design of North White Chapel Boulevard from the County Line to Lake Grapevine Background The construction plans for N. White Chapel Blvd. from Dove to the County Line have previously been designed and Tarrant County is currently reconstructing the aforementioned section of N. White Chapel Blvd. The design and development of construction plans for the remainder of N. White Chapel from the County Line to Lake Grapevine is the scope of this professional services agreement. The construction plans will reflect a pavement width for N. White Chapel of 22' except along the frontage of Bob Jones Park, which will be 34' wide to accommodate a continuous turn lane for access into the park. The funding for the engineering and construction for this project is allocated in the FY 1998-99 CIP budget. However, staff would like to proceed with the design of this project so that the construction will be complete prior to the start of the spring soccer season. Currently, $340,000 is shown to be appropriated in the FY 1998-99 CIP budget to be approved by Council. The up- to-date estimate provided by the engineer, as shown in the professional services agreement, is $366,563. Therefore, the amount to be appropriated in the FY 1998-99 CIP budget will be revised to $400,000, which will account for the engineering, construction, and construction testing. Recommendation Staff recommends Council authorize the Mayor to enter into a professional services agreement with Belcheff and Associates, Inc. for the engineering and design of N. White Chapel Boulevard from the County Line to Lake Grapevine. Please place this item on the September 15, 1998 Regular City Council Agenda for City Council review and consideration. BW/sp Attachments: Professional Services Agreement Exhibit 1 5K-1 Belcheff & Associates, Inc. Engineering & Management 1200 S.white Chapel,Ste.A Southlake,Texas 76092 817-421-4891 September 1, 1998 fax 817-421-4828 Shawn Poe Capital Projects Coordinator City of Southlake 1950 E. Southlake Blvd. Southlake, Texas 76092 Re: No. White Chapel Reconstruction/Tarrant Co. Line to Lake Grapevine BAI Project No. 980825.01 Dear Shawn: Attached is a proposal for providing professional engineering services in reference to the above project. Thank you for the opportunity. Our team looks forward to serving the city of Southlake on this or any other project that you may request our services. Please feel free to call me at any time. S. erely, George Belcheff III, P.E. attachment pro 1cvr.doc 5K-2 THE STATE OF TEXAS § COUNTY OF TARRANT § ENGINEERING SERVICES CONTRACT N. White Chapel Blvd./Tarrant County Line to Lake Grapevine Project Name City of Southlake Project No. 980825.01 BAI Project No. THIS CONTRACT, by and between the CITY OF SOUTHLAKE, a municipal corporation located in Tarrant County, Texas, hereinafter called "City", and BELCHEFF & ASSOCIATES, INC., a corporation authorized to do business in the State of Texas, hereinafter called "Engineer", evidences the following: WHEREAS, City desires the professional engineering services of Engineer, for Reconstruction of North White Chapel from Tarrant County line to Lake Grapevine in the City of Southlake and County of Tarrant, Texas hereinafter called "Project"; and WHEREAS, Engineer represents that it is qualified and capable of performing the professional engineering services proposed herein for this Project and is willing to enter into this Contract with City to perform said services; NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein agreed as follows: 1. EMPLOYMENT OF 1'HE ENGINEER Engineer agrees to perform professional services in connection with the Project as set forth in the following sections of this Contract, and City agrees to pay, and Engineer agrees to accept fees as set forth in the following sections as full and final compensation for all services provided under this Contract. 2. CON TRACT ADMINISTRATION This Contract shall be administered on behalf of the City by the Director of Southlake Public Works or his designated representatives (hereinafter called "Director"), and on behalf of the Engineer by its duly authorized officials. D:ISouthlakelWhtChMAdminlagrmntl.doc Page 1 of 8 5K-3 • 3. ENGINEER'S SERVICES The Engineer agrees to render services necessary for the development of the Project as outlined in attached Exhibit "A"-- "Scope of Work." 4. PAYMENT FOR SERVICES A. Payment for Basic Services under Article 3 will be considered lump-sum. Payment for Basic Services provided by the Engineer will be computed at Engineer's estimated percent complete to determine the payment due for such services. Payment for Additional Services provided by the Engineer will be computed at Engineer's current hourly rates to determine the payment due for such services. Current hourly rates are as shown in Attachment "A". B. Payments shall also include Direct Non-Labor Expenses (Reimbursables) which, in general, include expenses for special supplies and equipment, transportation, travel, communication, deliverable plots and prints, subsistence and lodging away from home, and similar incidentals. The Direct Non-Labor expenses shall be reimbursable at actual invoice cost plus 15%. All travel outside of the Dallas/Fort Worth Metropolitan area to be made by ,,,,, the Engineer in connection with the Project must first be approved in writing by the City's representative. C. Subcontractor cost shall be reimbursed at the actual invoice cost plus 10%. D. Engineer shall submit itemized monthly statements for Services, Direct Non-Labor Expenses, and for Subcontractors Costs incurred. City shall make payments in the amount shown by the Engineer's monthly statements and other documentation submitted, and no interest shall ever be due on late payments. E. Payments for expenses, costs, and services for Basic Services, described in Article 3 total $29,747 . F. Payments for expenses, costs, and services for Reimbursables, described in Article 3, shall not exceed $744 . G. Payments for expenses, costs, and services, for Subcontractor cost, described in Article 3, shall not exceed N/A. H. Total payments for expenses, costs, and services for Basic Services and Reimbursables, described in Article 3, shall not exceed $30,490 . I. Nothing contained in this article shall require City to pay for any work which is unsatisfactory as reasonably determined by the Director or which is not submitted D:ISouthlakelWhtCh,VAdminagrmntl.doc Page 2 of 8 5K-4 in compliance with the terms of this Contract. City shall not be required to make any payments to the Engineer when the Engineer is in default under this Contract; nor shall this paragraph constitute a waiver of any right, at law or in equity, which City may have if the Engineer is in default, including the right to bring legal action for damages or for specific performance of this Contract. 5. OWNERSHIP OF DOCUMENTS All information and other data given to, prepared, or assembled by Engineer under this Contract, and other related items shall become the sole property of City and shall be delivered to City upon request. Engineer may make copies of any and all documents and items for its files. A set of vellum reproducible plans shall be filed with the City prior to final payment if requested. Engineer shall have no liability for changes made to or use of the drawings, specifications, and other documents by anyone subsequent to the completion of the Project. City shall require that any such change or other use shall be sealed by the engineer making that change or use and shall be approximately marked to reflect what was changed or modified. 6. SERVICES BY CITY City shall provide the following services under this Contract: A. Provide available criteria and information to the Engineer as City's requirements for the Project. B. Provide sample drawings, available standard details and forms to use as guidelines. C. Provide all available City of Southlake drawings, maps, drawing files and notes relating to existing public information and data within the limits of the Project. 7. COMPLETION SCHEDULE The services furnished by the Engineer under this Contract will be completed in accordance with the following: Preliminary Plans submittal 45 calendar days Final Plans submittal 20 calendar days Bid Document submittal 10 calendar days Bidding and Award 45 calendar days Construction 75 calendar days Total 195 calendar days For the purposes of this Contract, a month is defined as thirty (30) calendar days and a week as seven (7) calendar days. If any of the following submissions fall on a City non- D:ISouthlakelWhtCJwAdminlagrrnntl.doc Page 3 of 8 5K—c �.,. working day, then the submission shall be due the following City working day. 8. NOTICE TO PROCEED City shall have complete control of the services to be rendered and no work shall be done under this Contract until the Engineer is instructed in writing to proceed. 9. TERMINATION OF CONTRACT City may indefinitely suspend further work hereunder or terminate this Contract or any phase of this Contract upon thirty (30) days prior written notice to the Engineer with the understanding that immediately upon the receipt of such notice all work and labor being performed under this Contract shall cease immediately. Before the end of the thirty (30) day period, Engineer shall invoice the City for all work accomplished by him prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of City upon termination of the Contract and shall be promptly delivered to City in a reasonably organized form without restriction on future use except as stated in Article 5 if requested. Should City subsequently contract with a new consultant for continuation of services on the Project, Engineer shall cooperate in providing information at current hourly rates. 10. RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by City shall not constitute nor be deemed a release of the responsibility and liability of the Engineer, its employees, associates, agents, and consultants for the accuracy and competency of their designs or other work; nor shall approval be deemed to be an assumption of such responsibility by City for any defect in the design or other work prepared by the Engineer, its employees, subcontractor, agents and consultants. 11. EQUAL EMPLOYMENT OPPORTUNITY A. The Engineer shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, ancestry, national origin, or place of birth. The Engineer shall take affirmative action to insure that applicants are employed and that employees are treated during their employment without regard to their race, age, color, religion, sex, ancestry, national origin, or place of birth. B. If the Engineer fails to comply with the Federal Laws relating to Equal Employment Opportunity, it is agreed that the City at its option may do either or both of the following: 1) Cancel, terminate, or suspend the contract in whole or in part; 2) Declare the Engineer ineligible for further City Contracts until he is determined to be in compliance. D:kSouthlake!wirtChvAdmin;agrmntl.doc Page 4 of 8 • J 12. AMENDMENTS This Contract may be amended or supplemented in any particular only by written instrument and only as approved by resolution of City Council or the City Manager, except for termination under Section 9, Termination of Contract, which may be . accomplished by the Director of Public Works or his designated representative as identified in Section 9, Termination of Contract. 13. COMPLIANCE WITH LAWS, CHARTERS, AND ORDINANCES, ETC. The Engineer, his consultants, agents and employees, and subcontractors shall comply with applicable Federal and State Laws, the Charter and Ordinances of the City of Southlake, and with applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies existing and published before date of this agreement. 14. RIGHT OF REVIEW Engineer agrees that City may review any and all of the work performed by Engineer under this Contract. City if hereby granted the right to audit at City's election, all of the consultant's records and billings related to the performance of this contract. Engineer agrees to retain such records for a minimum of three (3) years following completion of this contract. 15. CONFLICT OF INTEREST No officer or employee shall have any financial interest, direct or indirect, in any contract with the City or be financially interested, directly, in the sale to the City of any land, materials, supplies, or services, except on behalf of the City as an officer or employee. Any violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his office or position with the City. Any violation of this section with knowledge, expressed or implied, of the person or corporation contracting with the City shall render the Contract involved voidable by the City Manager or the City Council. 16. CONTRACT PERSONAL This Contract is for personal and professional services; and the Engineer shall not assign this Contract, in whole or in part, without the prior written consent of the City. 17. NOTICES �-- All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing the same in the United States Mail at the address shown below unless and until either party is otherwise D:1Southlake1Wh1ChNlAdmrnlagrmntl.doc Page 5 of 8 notified in writing by the other party at the following addresses. Mailed notices shall be deemed communicated after five days. If intended for Southlake, to: If intended for Engineer, to: George Belcheff III, P.E. Contact Person Contact Person Chief Engineer Title Title City of Southlake Belcheff& Associates, Inc. 1505 Precinct Line Road Firm Name Southlake, Texas 76054 (817) 281-6160 1200 S. White Chapel, Ste. A Address Southlake, Texas 76092 City. State, Zip Code (817) 421-4891 Telephone No. 18. INDEPENDENT CONTRACTOR In performing services under this Contract, Engineer is performing services of the type performed prior to this contract; and Engineer by the execution of this contract does not change the independent status of the Engineer. No term, or provision hereof, or act of Engineer in the performance of this Contract shall be construed as making Engineer the agent, servant, or employee of Southlake. 19. INDEMNITY Engineer agrees to defend, indemnify, and hold City whole and harmless against any and all claims for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act. error or omission of Engineer, or any agent, servant, or employee of Engineer in the execution or performance of this Contract, without regard to whether such persons are under the direction of City agents or employees. This provision shall not be deemed to apply to liability for damage that is caused by or results from the negligence of the City of Southlake or its employees or others agents. 20. INSURANCE Engineer agrees to maintain workmen's compensation insurance to cover all of its own D:iSouthlak&WhzChVMAdminlagrmntl.doc Page 6 of 8 5K-8 personnel engaged in performing services for client under this agreement. Engineer also agrees to maintain public liability insurance covering claims against Engineer for damages resulting from bodily injury, death or property damage from accidents arising in the course of services performed under this agreement.. 21. VENUE The obligations of the parties to this Contract are performable in Tarrant County, Texas; and if legal action is necessary to enforce it, exclusive venue shall lie in Tarrant County, Texas. 22. APPLICABLE LAWS This Contract is made subject to the provisions of the Southlake Code, other City Ordinances, Standards, Southlake Specifications for materials and construction, as amended, and all State and Federal Laws. 23. GOVERNING LAWS This contract shall be governed by and construed in accordance with the laws and decisions of the State of Texas. 24. LEGAL CONSTRUCTION In case 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 provisions thereof; and this Contract shall be considered as if such invalid, illegal or unenforceable provision had never been contained in this Contract. 25. PUBLISHED MATERLLL Engineer agrees that the City shall review and approve any written material about City projects and/or activities prior to being published by the Engineer. 26. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter any substance of the terms and conditions of this Contract. 27. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. D:,Southlake1WhtChtTL4dmrnlagrmntl.doc Page 7 of 8 5K-9 • 28. ENTIRE AGREEMENT This Contract (page 1 thru 8) embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Contract, and except as otherwise provided herein, cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. Di WITNESS WHEREOF, the parties hereby have executed this agreement in triplicate originals on this date, the day of ,19 BELCHEFF & ASSOCIATES, INC. CITY OF SOUTHLAKE ;6_6„___7%_C22SP Signature City Manager Chief Engineer Title Director of Public Works 1200 S. White Chapel, Ste. A Address APPROVED AS TO FORM: Southlake, Texas 76092 City. State. Zip Code Cite Attorney �LA.A.A1-1-11,4. &I/Z-A— T Al 11;ST D:ISouthlakeiWhtCh.,Mdmin!agrmntl.doc Page 8 of 8 5K-10 • Exhibit "A" -- Scope of Work N. White Chapel Blvd./City Limits to Lake Grapevine Southlake Proj. No. BAI Proj. No. 980825.01 Belcheff and Associates, Inc. shall perform for you the following described Basic Services: 1. Preliminary Phase - a. observe site for design constraints and special conditions b. meet with City representative to clarify design requirements and standards and to collect existing utility, mapping and ROW information c. perform topographic and limited ROW survey of proposed work zone d. prepare topographic and limited ROW base drawings e. prepare preliminary design for - i. reconstruction of North White Chapel to 2 lane ditch section with continuous turn lane adjacent to city park ii. perform preliminary stormwater runoff and hydraulic calculations for new culvert and ditch sections iii. prepare preliminary pavement section with one alternate f process preliminary plans through affected utility companies for verification of locations g. prepare outline of bid document h. submit and review preliminary design drawings with City 2. Final Design Phase - a. Receive, confirm and incorporate reasonable review comments from City into final design b. prepare final design for - i. reconstruction of North White Chapel to 2 lane ditch section with continuous turn lane adjacent to city park with profile ii. finalize stormwater runoff and hydraulic calculations for new culvert and ditch sections iii. finalize pavement section and one alternate section c. prepare erosion control plan d. prepare construction details e. finalize bid document f establish utility relocation requirements with affected utility companies g. submit and review final design drawings with City 3. Bid Documents - a. receive, confirm and incorporate reasonable review comments from City into Bid Documents b. resubmit conformed Bid Documents to City for bidding purposes D:ISouthlakeIFnrC�^.'.-idmrn\scopel.doc 09/01/98 1 of 2 5K-11 c. assist city with public bidding process �`-- d. prepare bid tabulation/recommendation 4. Construction Phase - a. provide field clarification as required (up to four visits) b. prepare as-built drawings from City supplied data concerning minor field adjustments and changes for record purposes c. provide City with reproducible vellum record drawings for City's files D:1Southlakel6VhtChlvlAdminlscopel.doc 09/01/98 2 of 2 5K-12 Attachment "A" BAI Rate Schedule as of January 1, 1998 Sr. Engineer $107.00 Staff Engineer/Surveyor $ 74.00 Design Technician $ 55.00 CAD Technician $ 45.00 Survey Crew (2 man) $102.00 Clerical $ 28.00 Reimbursable Expenses Cost + 15% Out-of-town travel and subsistence, submittal/review reproductions, long distance telephone calls and facsimile transmissions, couriers, other direct costs Sub-Consultants Cost + 10% Surveyor/crew, analytical testing lab, geotechnical investigations, Traffic/signalization engineers; etc. Mileage $0.325/mi. RMTES93b.DOC Page 1 of 1 5K-13 No. White Chapel c City Limits to Lake Grapevine Improvements Conceptual Cost Estimate ITEM ESTIM. COST PER EXTENDED NO. DESCRIPTION QUANT. UNITS UNIT TOTAL 1 Mobilization 1 LS $ 5,000.00 $ 5,000 2 Water line valve box adjustment 6 LS $ 500.00 $ 3,000 3 Signage/traffic control 2 Mnths. $ 1,000.00 $ 2,000 4 6" Subgrade scarify/compaction/fine grading 19,542 SY $ 3.35 $ 65,465 5 Unclassified excavation(ditches/subgrade) 1,417 CY $ 6.00 $ 8,500 6 Cement(28 lbs/sy) 274 Ton $ 112.50 $ 30,778 7 2"Type"A" HMAC base course 17,417 SY $ 5.00 $ 87,083 8 2"Type"D" HMAC surface course 17,417 SY $ 5.00 $ 87,083 9 Asphalt tack coat 17,417 SY $ 0.50 $ 8,708 10 Asphalt prime coat 17,417 SY $ 0.50 $ 8,708 11 18"RCP Culvert 96 LF $ 60.00 $ 5,760 12 18" Culvert safety end headwall 12 Ea. $ 1.000.00 $ 12,000 13 4"Type "D" HMAC driveway 912 SF S 2.25 $ 2,052 14 Erosion control 2 Mnths. $ 1,500.00 $ 3,000 15 ROW Seeding 3.51 Ac. $ 1,000.00 $ 3,512 16 Misc. items 5% LS $ 16,457 $ 16,457 Subtotal Constr. $ 349,107 5% Contingency $17,455 Total Constr. S 366,563 Note: Costs do not include ROWaquisition or utility relocation Costs based on 1500 LF 3-lane&4875 LF 2-lane Page 1 concest1 As/9/1/98 5K-14 r Exhibit 1 Reconstruction of N. White Chapel Blvd. 111111.. Font% I!: 1______:, i/ aim 1 i 1 i ! ill lCO s \----' \ i 1 \Enton Co. f , _ % Tarrant Co II a II t Et= , ‘ _ \________i ---. = ...\.`-- Q,1 ..., Aso , ,1! ..__ )) ri, I ► �•. s...... loo f ■�q.1 \..._6454.' N a Alt T4 I if I I I ' ' , II 1 �H Dove Rd. 1 a • City of South lake,Texas MEMORANDUM September 10, 1998 TO: Curtis E. Hawk, City Manager FROM: Lauren Safranek, Director of Human Resources SUBJECT: Change Order #1 to the contract with Aetna US Healthcare for Employee Medical Insurance As was requested by the Council, I have acquired additional plan options from Aetna that would help reduce the cost of medical insurance for both the employees and the City. During the September 8, 1998, City Council meeting, the Council approved option #1 (see attached September 4 memo) which would change the HMO hospital copay from $100 per day to $250 per day ($250/15/50 plan), and change the PPO coinsurance level from 80/70 to 80/60. All other HMO and PPO benefits would remain the same. Additionally, this option would increase the City's contribution for dependent coverage from $65 per month to $100. The original bid from Aetna would have increased the HMO employee only rate 21.21%, and the PPO employee only rate (10••• 19.89%. With these changes, the HMO employee only rate increases only 8.7%, and the PPO employee only rate increases 15.88%. However, these plans were not the plans originally bid to the City during its insurance bid process. Therefore, I am requesting authorization from the City Council to approve change order #1 to reflect these plan changes. If there are any questions, feel free to contact me at ext. 836. LDS (hir 5 L- • City of Southlake,Texas (kkir, MEMORANDUM II September 04, 1998 TO: Curtis E. Hawk, City Manger FROM: Lauren Safranek, Director of Human Resources SUBJECT: Medical Insurance Alternatives On Monday, August 31, 1998, a small group of staff and Councilmembers met to discuss insurance options as a result of our insurance bid process. This group consisted of myself, Heidi Ahler (RWL Benefits, Inc.), Mayor Stacy, Councilmember Martin, Shana Yelverton, and Lou Ann Heath. The market information prepared by Heidi Ahler for the City was included in the Council packet for the September 1, 1998 Council Meeting. Basically, the recommendation from the consultant was to stay with the City's current insurance carriers -- Aetna, TML, and BMA. However, during this meeting, we also discussed the significant rate increases the City received (particularly for medical insurance) and the cost of these increases for both employees and the City. For this reason, Mayor Stacy and Councilmember Martin requested that we discuss Lie with Aetna some plan options that may help reduce cost. The desired result was for the employees to see a 0% increase in the employee's dependent insurance premiums on the HMO -- since 80% of our employees have HMO coverage. After evaluating all the alternative plans provided by Aetna, below are recommended options that take into consideration both the City's and employee's needs. Options 1 and 2 are based on a 0% increase to the employee for dependent premiums for HMO. Option 3 helps to reduce the increase to employees for dependent premiums. Option 1: Changing the HMO hospital copay from $100 per day to $250 per day ($250/15/50 plan). Changing the PPO coinsurance level from 80/70 to 80/60. All other PPO benefits the same. City increases contribution for dependent coverage from $65 per month to $100. See attached spreadsheet for cost information. Option 2: Changing the HMO hospital copay from $100 per day to $250 per day ($250/15/50 plan). Changing the PPO coinsurance level from 80/70 to 80/60. All other PPO (sr benefits the same. City increases contribution for dependent coverage from $65 per I I 5L- a City of Southlake,Texas Medical Insurance Alternatives September 04, 1998 Page 2 month to $100, and PPO employees contribute $50 per month for employee coverage. See attached spreadsheet for cost information. Option 3: Changing the HMO hospital copay from $100 per day to $250 per day ($250/15/50 plan). Changing the PPO coinsurance level from 80/70 to 80/60. All other PPO benefits the same. City increases contribution for dependent coverage from $65 per month to $85, and PPO employees contribute $50 per month for employee coverage. See attached spreadsheet for cost information. If there are any questions regarding these options, please feel free to contact me at ext. 836. 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Ill Ia M. QI�'N N N �I 1 O tl O V C O Yi I O V; p p O OI ^ OI Zlj Ztu 1 I 10 ZW I I I Zu`�, I y I • L I I I I , w 1 I , IMI I I I . d o & I I Ioj I 1� I o mil i 1 !o isi o y. �1 I — I'' ".I or U i eI 1 . Z' Y O C Y C (Di o, C el I m C' C • > >,m m V > o U IC >I m U i >I >,m•el U O p o » �_ 01 —pII .,2. O of Is�� . 1 1 V °I�IaI=I- U E -C--- q 9 2 Wp� E vl I a OI UI ap�l E11 10, 11 a Eh O x to U LL<I !twoI0 Iii<I IIO Iii . !wic0101 il< i Ia1I ! IWI(.0•0IU..< L 5L-5 j--i City of Southlake, Texas MEMORANDUM September 11, 1998 TO: Curtis E Hawk, City Manager FROM: Lauren Safranek, Director of Human Resources SUBJECT: Resolution Authorizing the Use of City Funds for the Purpose of Contributing to Retiree Medical Insurance As we have discussed during our recent insurance bid process, it has been determined that retiree medical insurance is a much needed benefit for City employees. Retiree medical insurance would assist many of our employees that retire before they are eligible for Medicare and have difficulty obtaining affordable insurance on their own. Aetna has provided the City with HMO and PPO retiree insurance options, however, Aetna requires the City to contribute at some portion to this coverage. The retiree rates are the same as the rates provided for current employees, including the ability to also cover dependents. Retiree rates are as follows: HMO PPO Employee Only: $134.52 $234.59 Employee + Spouse: $324.25 $527.86 Employee + Child(ren): $286.29 $469.12 Employee + Family: $463.42 $742.95 To meet Aetna's requirement of a City contribution to retiree insurance, Resolution No. 98-65 is attached requesting the City Council's authorization to use City funds for the purpose of contributing to retiree medical insurance. Since the City currently contributes $100 per month to dependent premiums, and since the retiree pool will grow over the years, I recommend that the City contribute $100 a month to retiree insurance. The retired employee would be responsible for the balance not paid by the City. This recommendation is reflected in the resolution. If there are any questions concerning this, feel free to contact me at ext. 836. ' I LDS Attachment: Resolution No. 98-65 I ' 5 M-- City of Southlake,Texas RESOLUTION NO. 98-65 Coe A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE USE OF CITY FUNDS FOR THE PURPOSE OF CONTRIBUTING TO RETIREE MEDICAL INSURANCE AND AUTHORIZING THE CITY MANAGER TO SIGN ANY NECESSARY DOCUMENTS. WHEREAS, the City of Southlake, after due consideration has decided to provide an opportunity for employees retiring on or after October 1, 1998 to choose retiree medical insurance coverage; and WHEREAS, the retiree medical insurance is intended to provide retired employees with medical coverage until they are eligible for Medicare or other medical insurance; and WHEREAS, retiree medical insurance will discontinue once a retired employee becomes eligible for Medicare or is eligible to be covered under another medical plan; and WHEREAS, the City of Southlake would like to supplement the cost of retiree medical insurance for the retired employee, (be THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1: The above premises are found to be true and correct and incorporated into the body of this resolution as if copied in their entirety. Section 2: That the City of Southlake hereby agrees to contribute $100 per month towards the premiums for retiree medical insurance. Section 3: This resolution shall become effective October 1, 1998 after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE DAY OF , 1998. CITY OF SOUTHLAKE Rick Stacy, Mayor ATTEST: cipe Sandra L. LeGrand, City Secretary M City of Southlake,Texas 1 I (kkie MEMORANDUM September 10, 1998 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 708, 2nd reading, Tax Levy Ordinance The FY1998-99 budget as submitted to the City Council proposes a tax rate of$.422 per$100 of a property's taxable value. Part of the tax rate, $.11437 per $100, pays for the retirement of debt that is due during the 1998-99 budget year. The remainder of the tax rate, $.30763 per $100, is used to support General Fund operations of the City, such as police, fire, and inspections. State law requires the City to adopt the tax rate in these two components. On July 24, the Tarrant Appraisal District certified to City management the appraised values of all properties in Southlake. Total taxable value in the City is $2,039,760,183, which is the value of properties as of January 1, 1998. The 1998-99 Proposed Budget is based on the July 24 taxable values. The total includes $132,924,648 attributable to the annexation of Solana properties which are still in litigation. The September 1 supplemental roll from the Tarrant Appraisal District reflects $2,061,308,605 in taxable value. a slight increase from the July 24 roll. An increase from the July certified roll is normal, since protested property values are resolved higher than the minimum projected value. This taxable value includes S 133,636,448 for the annexation of the Solana properties. Upon adoption of a tax rate with the second reading, the City's tax collector, Tarrant County, will be notified of the adopted rate. Tarrant County has indicated that the City's tax rate information must be sent to them by September 18. Tarrant County will then apply the tax rate to the taxable values of properties in Southlake, and generate tax statements after October 1. Ordinance No. 708 as presented will adopt the $.422 tax rate, with the rates established for the debt service and operations components. Please place the tax rate levy ordinance on the September 15 agenda for second reading. LAH %kb., L:\FINANCE BUDGET98-99\txrt2ord.doc 7A—/ ORDINANCE NO. 708 (61.1 AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.422 PER ONE HUNDRED DOLLARS (S 100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS, AS OF JANUARY 1. 1997, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF; PROVIDNG FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDNG FOR APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDNG FOR THE REPEAL OF NCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Cr' WHEREAS, the City Council of the City of Southlake, Texas (hereinafter referred to as the City )hereby finds that the tax for the fiscal year beginning October 1, 1998, and ending September 30, 1999, hereinafter levied for current expenses of the City and the general improvements of the City and its property must be levied to provide the revenue requirements of the budget for the ensuing year: and WHEREAS, the City Council has approved, by a separate ordinance adopted on the 15th day of September. 1998, the budget for the fiscal year beginning October 1. 1998. and ending September 30. 1999; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been complied with. NOW THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE. TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. That there is hereby levied and ordered to be assessed and collected for the fiscal year beginning October 1. 1998, and ending September 30. 1999. and for each fiscal year thereafter until it be otherwise provided by and ordained on all taxable property. real, personal and mixed, situated within the corporate limits of the City of Southlake, Texas, and not exempt from taxation by the Constitution of the State and valid State laws, an ad valorem tax rate of$0.42?,for the general operations of the City on each One Hundred Dollars(S 100.00)assessed value of taxable property, and shall be apportioned and distributed as follows: 74-a • Ordinance No. 708 Page (me a. For the purpose of defraying the current expenses of the municipal government of the City, a tax of$0.30763 on each One Hundred Dollars ($100.00) assessed value of all taxable property. b. For the purpose of creating a sinking fund to pay the interest and principal on all outstanding debt of the City, not otherwise provided for, a tax of$0.11437 on each one Hundred Dollars ($100.00) assessed value of all taxable property. within the City which shall be applied to the payment of such interest and maturities of all outstanding debt. Section 3. That all ad valorem taxes shall become due and payable on December 31, 1998, and all ad valorem taxes for the year shall become delinquent after January 31, 1999. There shall be no discount for payment of taxes prior to said January 31, 1999. A delinquent tax shall incur all penalty and interest authorized by State law Section 33.01 of the Property Tax Code, to-wit: a penalty of six percent (6%) of the amount of the tax for the first calendar month it is delinquent plus one percent (PA) for each additional month or portion of a month the tax remains unpaid prior to July 1st of the year in which it becomes delinquent. Provided, however, a tax delinquent by July 1st incurs a total penalty of twelve percent (.0. (12%) of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at a rate of one percent(1%) for each month or portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1, 1999, incur an additional penalty of fifteen percent(15%) of the amount of taxes, penalty and interest due; such additional penalty is to defray costs of collection due to contract with the City's attorney pursuant to Section 6.30 of the Property Tax Code. Section 4. Taxes are payable at the office of Tarrant County Tax Collector. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 5. That the tax rolls, as presented to the City Council, together with any supplement thereto, be. and the same are hereby approved. Section 6. That any and all ordinances, resolutions, rules, regulations. policies or provisions inconsistent or in conflict with the provisions of this Ordinance are hereby expressly repealed and rescinded to the extent of the inconsistency or conflict. Section 7. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by cea Court of competent jurisdiction, such holding shall not affect the validity of the remaining. portions of this Ordinance: and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 7/2-3 Ordinance No. 708 Page 3 (re Section 8. That the necessity of and levying municipal ad valorem taxes of the City for the next fiscal year as required by the laws of the State of Texas, requires that this Ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. PASSED AND APPROVED on first reading this day of 1998. Rick Stacy, Mayor ATTEST: Sandra LeGrand City Secretary co, PASSED AND APPROVED on first reading this day of 1998. Rick Stacy, Mayor ATTEST: Sandra LeGrand City Secretary APPROVED AS TO FORM: City Attorney Date: Adopted: Effective: �I:W0.1-7L_5CR.^,IN i-NC"7Sr AX-CRD DOC-40 City of Southiake,Texas � 1 (lire MEMORANDUM 1 i September 10, 1998 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 709, 2nd reading, Annual Budget for Fiscal Year 1998-99, including the Annual Budget for the Southiake Crime Control and Prevention District, Second Public Hearing Presented for City Council consideration is the second reading of the FY1998-99 operating budget ordinance. The budget summarizes the plan of municipal operations for the fiscal year that begins October 1, 1998. The Council was presented a budget work book on August 14. A worksession was held August 20, and further discussions on the budget were held September 8. The summary budget information attached to Ordinance 709 reflects the adjustments and changes discussed at the September 8 meeting. Total revenue in all funds is $28,961,259, and total expenditures in all funds is $29,145,792.yThe following paragraphs list the adjustments that were discussed at the September 8 meeting. In the General Fund, the Assistant City Secretary position has been re-classified to an Office Assistant - reduction = $19,847. The Purchasing Manager is removed - reduction = $38,149. All other proposed positions remain as originally presented. Total reductions in Personnel are $57,996. In Operations and Maintenance, the following items are reduced: tuition-S 12.570; college tuition reimbursement-S2,500; travel-$18,112; office supplies-$2,000; library services-S 100,000; lease computer-$34,234; and utilities-telephone-$32,140. The total number of existing mobile phones is reduced from 92 to 61. Total reductions in Operations and Maintenance are $201,556. In Capital Outlay, the following items are reduced: office equipment and furniture-S2,900; computer equipment-$330,900; communications equipment-$155; and computer software- $8,400. Total reductions in Capital Outlay are $342,355. The total of all reductions in the General Fund is $601,907. The lease proceeds amount is reduced by $310,400, due to a similar reduction in computer equipment to be purchased. This increases the ending fund balance to $3,024,227, or 19.24% of expenditures. L (60., Curtis E. Hawk Ordinance No. 709, 2nd Reading September 10. 1998 page 2 In the General Fund, there is S450,000 shown as a transfer out (to the General Obligation Debt Service Fund') and a transfer in (from the SPDC Capital Projects Fund) to liquidate the outstanding notes payable on properties at Bob Jones Park. This has no effect on the General Fund ending fund balance, however the General Obligation Debt Service Fund expenditures will increase $4 0.000 to reflect the additional principal and interest payments. The Council requested a review of wastewater revenues in the Utility Fund for FY1998-99. As a result, wastewater revenues are increased from $900,000 to $975,000. In the FY1997-98 Revised Budget for the Special Revenue-Park Dedication Fund, $200,082 has been added to the budget for land, adjusting the amount for the recently acquired Meyers property. The summary budget information also incorporates a Capital Projects Budget for the FY1998-99 year, plus anticipated Capital Projects through 2003. The Capital Projects are major water, sewer, street and drainage infrastructure items that are funded through a variety of sources, such as impact fees. operating fund transfers, developer fees, bonds, and certificate of obligation proceeds. A public hearing on the budget is also on the agenda, which gives the public an opportunity to speak on the budget. This is the final reading of the budget ordinance and upon its adoption will be effective October 1. LAH L:\FINANCE BUDGET'\98-99\BDGT2ND.DOC L • ORDNANCE NO. 709 AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1997-98; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998, AND TERMINATING SEPTEMBER 30, 1999, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT,PROJECT AND ACCOUNT; REPEALING CONFLICTNG ORDNANCES; PROVIDING A SAVINGS AND SEVERaBILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Manager has prepared a revision of certain figures in the 1997-98 budget and submitted same to the City Council; and, WHEREAS, the City Manager of the City of Southlake, Texas (hereinafter referred to as the "City") has caused to be filed with the City Secretary a budget to cover all proposed expenditures of the government of the City for the fiscal year beginning October 1. 1998, and ending September 30. 1999, (hereinafter referred to as the "Budget"); and WHEREAS, the Budget, a copy of which is attached hereto as Exhibit "A" and incorporated (we herein for all purposes, shows as definitely as possible each of the various projects for which appropriations are set up in the Budget, and the estimated amount of money carried in the Budget for each of such projects; and WHEREAS, the Budget has been filed with the City Secretary for at least thirty (30) days and available for inspection by any taxpayer; and WHEREAS, public notice of public hearings on the proposed annual budget, stating the dates. times, places and subject matter of said public hearings, was given as required by the Charter of the City of Southlake and the laws of the State of Texas; and WHEREAS, such public hearings were held on September 1, 1998 and September 15, 1998, prior approval of such dates being hereby ratified and confirmed by the City Council, and all those wishing to speak on the Budget were heard; and WHEREAS. the City Council has studied the Budget and listened to the comments of the taxpayers at the public hearings held therefor and has determined that the Budget attached hereto is in the best interest of the City. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE. TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. That the revised figures, prepared and submitted by the City Manager for the 1997-98 budget, be, and the same are hereby, in all things, approved and appropriated, and any / &3 Ordinance No. 709 Page (mr, necessary transfers between accounts and departments are hereby authorized. approved, and appropriated. Section 3. That the Budget attached hereto as Exhibit "A" and incorporated herein for all purposes is adopted for the Fiscal Year beginning October 1, 1998. and ending September 30, 1999: and there is hereby appropriated from the funds indicated such projects, operations. activities, purchases and other expenditures as proposed in the Budget. Section 4. That the City Manager shall file or cause to be filed a true and correct copy of the approved Budget. along with this ordinance, with the City Secretary and in the office of the County Clerks of Denton and Tarrant County. Texas, as required by State law. Section 5. That any and all ordinances, resolutions, rules, regulations, policies or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of conflict herewith. Section 6. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance. or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction. such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. That the necessity of adopting and approving a proposed budget for the next fiscal year as required by the laws of the State of Texas requires that this Ordinance shall take effect immediately from and after its passage. and it is accordingly so ordained. PASSED AND APPROVED on first reading this day of 1998. Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary (Be PASSED AND APPROVED ON second reading this day of 1998. 73- V Ordinance No. 709 Page 3 L Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney Date: Adopted: Effective: `I..WD-F:LE OPDINANC.-OW-3GT+7RD OOC.Ib L 7/3 -5 "EXHIBIT A" ALL FUNDS SUMMARY Lie 1998-99 Proposed Budget and 1997-98 Revised Budget )2:20?M :911198 1 S Increasei $Increase/ 1996-97 1997-98 1997-98 (Cecrease) '/°Increase/ 1998-99 (Cecrease) %Increase/ Actual Adopted Revised Adopted -Cecrease Proposed Adopted -Decrease REVENUES Ad Valorem Taxes 35.769,120 S6.309-35 66,769,765 (640.000) -0 6% 68,364,749 52054.984 30.2% Sales Tax 62.399,042 34.756.433 64.562,197 (194.001) -4.1% 5.975,100 1.218 302 25.5% Franch',e Fees 399,600 301.020 I 877.254 75.224 9.5% 984.112 133.032 22.9% ?roes 525.967 515 200 ! 647,590 132,290 25.7',%n 875.798 360.498 70.0% Charges for Services 336.316 551 550 574,559 23,009 4.2% 685.006 133.456 24.2% Permits,Fees 2.669.576 2.314,7'0 3,229.379 914,669 39.5% 2,842,788 523.073 22.3% Miscellaneous 253,439 205.575 234,490 28,915 14.1°4 229,059 23,484 11.4% Water Sales-residential 4,425,797 4,387.500 5,800,000 912,500 18.7% 5,220.000 332,500 6.8% 'hater Sales-commeraal 657,307 701.5C0 895,000 193,500 27.5% 805,500 104,000 14.8% Wastewater Sales 811,624 920.000 1,000,000 80,000 8.7% 975,000 55,000 6.0% Sanitation Sales 508.224 534.200 568,182 34,182 6.4% 636,000 102,000 19.1% Other Utility Charges 409,949 359•000 471,025 112,025 31.2% 443,315 84,315 23.51'0 Interest Income 387.132 331.490 347,989 16.499 5.3% 424,832 93.342 28.2%I Total Revenues S29,555,.2.93 S23,687,613 25.977.430 S2,289,812 9.7% 341 A L.114,122.3% EXPENDITURES (lible City Secretary 6242.574 $237 4'2 $216,556 (520.856) -3.3°% 6301,173 $63.761 25.9% City Manager 5499,939 $350,120 $336,989 ($13.131) 3.3% 5351,003 383 0.3% Support Services SI 497.945 31.210 601 S1,506,901 296,300 24.5% 62.526.534 1.315.933 108.7% General Gov Total S2,240,457 S1,798,133 52.060,446 S262,313 14.6% S3,178,710 $1.380,577 76.8% Human Resources 6144.948 6168.438 S208,859 40.371 24.0% 6209.600 41.112 24.4% Human Resources Total S144,948 S168.488 5208,859 S40,371 24.0% $209,600 $41,112 24.4% Finance 418.013 410.426 402,011 (8.425) -2.1% 454,165 43,729 10.7% Mun,c,pal Court 253.235 276.92C 286,087 9.157 3.3% 304,770 27 340 10.1% Teen Court 48 145 54 5C9 60.291 5.682 10.4% 92.633 38.024 59.6% Finance Total 719.399 741,975 748,389 6,414 0.9% 851,569 109,594 14.8% Fire 1,460.111 1,527.724 1.730,528 202,304 133°%° 1,857.825 330,101 21.6% Police 2.242,915 2.600.413 2,733,747 133.334 5.1% 3,418,246 317.833 31.5% Public Safety Support 975,419 982.380 974,918 (7,962) -0.8% 1.056.436 73,556 7.5% Building Inspections 474,511 587.485 596,720 9.235 1.6% 692.896 105.411 17.9% Public Safety Total S5,152,956 $5,698.502 S6.035,913 $337,411 5.9% S7,025,403 S1,326.901 23.3% Streets/Drainage 903.389 911.629 918,328 6.599 0.7% 939,167 27.538 3.0% Public Ncrks Admin 590.190 356.523 771,554 (84,974) -3 9% 303.729 ,52.799) -6.2% Utility Billing 0 . 0 0 0 0.0% 303,421 303.421 100.0% `Hater 4,012,284 4.413.701 4.352,335 438,634 9.3% 4,504,340 30,639 2.1% 'Nastewater 962.943 792,206 643,705 (148,501) -18.7% 747,246 (44,360) -5.7% Sanitation 445.205 500.000 500,000 0 0.0% 560,000 60.000 12.0% Public Works Total S7,014,612 S7,474,064 S7,685,922 S211,858 2.8% S7,857,904 S383,840 5.1% Community Cevelopmert 463.551 555.593 508,250 (47,343) -8.5% 531,480 (24,113) -4.3% Economic Cevelopmer; 90.319 114.235 122.179 7.394 6.3% 144.832 30.547 26.7% Community 0ev.Total $553,8609 5669.878 $630,429 1539,449) 5.9°,'o $676,312 56,434 1.0°/. Ccmmur.ty Services '3 360.1:3 327,047 (33.066) -9.2% 416,831 56.718 15.3% Parks and:Recreation 1.083.535 1,348,052 1,415,400 67,348 5.0% 1,505,505 157.453 11.7% !Ibrary Services 0 0 0 0 0.0% 162.480 162.480 100.0% Community Svcs.Total 1,083,635 1,708,165 1,742,447 34,282 2.0% 2.084,816 376,651 22.1% 7,3 C� PAGE 1 "EXHIBIT A" ALL FUNDS SUMMARY Le . 1998-99 Proposed Budget and 1997-98 Revised Budget )2:20 PM 09/t0/98 $Increase/ $Increase/ 1996-97 1997-98 1997-98 (Decrease) %Increase/ 1998-99 (Decrease) Increase/ Actual Adopted Revised Adopted -Decrease Proposed Adopted -Decrease EXPENDITURES,cont. TIP District 0 0 37,975 37,975 100.3% 143,125 143,125 100.0% Crime Control Distrct 0 208.333 208,833 0 0.J% 291,420 72.587 34.3% Pay°an Implementation 0 301.314 301,814 0 0.0% 0 301.314) -100.0% Debt Serv'ce 4.4566.364 5.166.235 5.083,008 (83.277) -1 3% 6,836.933 1.570.648 32.3°/u Total Expenditures 521.366.740 523.936.137 )24.744.034 S$O7.9t1 3.4% 529.145.792 55,209,651 21.3% Net Revenues (5811.4471 1.5.248.514j )1.233.394 Si.481.914 (5184.5331 Procee9s 4om CA.Saie/Cther $990,381 $715,547 $715,547 S0 $694,300 (521,247), Transfers In $1,329,645 S2,666,413 S2,704,413 $38,000 S3,161,339 $494,926 Transfers out (52.504.4181 (S2.124.639) (32,712.6391 15588,000) (S3,337,735) (51.213,096) Total other Sources lus.$) (5194 3921 51 257.321 S707 321 ($550 0001 5517.904 (5739 4171 Beginning Fund Balance $5.974.918 $4,979.079 S4,979,079 56,919,795 Reserved Fund Balance S0 S0 S0 SO t Ending Fund Balance Ella 74 $5.987 981 56 919.794 $7 253.166 L L PAGE 2 7& 7 "EXHIBIT A" GENERAL FUND Li 1998-99 Proposed Budget and 1997-98 Revised Budget +._x R•a :9r'Q498 3 increase/ I $Increase/ 1996-97 1997-98 1997-98 (Decrease) %Increase/ 1998-99 (Decrease) '6 Increase/ REVENUES Actual Adopted Revised Adopted -Decrease Proposed Adopted -Decrease Ad Valorem Taxes 33.464,260 34,036.234 $3,996,234 (340,000) -1 09'a 366.463.540 $2.427.306 60.1% Sales Tax 1,333.334 2.717600 2.629.5C0 (88,000) -3 2% 3 025,050 308.530 11.4% Franchise Fees 399 600 301.030 377.254 76.224 9 5% 984.112 183.082 22.9% Fines 526.967 515.3CC 647,590 132.290 25.7% 375,793 360,498 70.0% Charges'or Services i 336.915 551.550 574.559 23.2C9 4 2°'° 685.2C6 133.436 24 2% Permits/Fees I 2.325.799 2.254.7'0 2.979.379 714.569 3'3'S1 2.742.738 473.073 21.1.° Miscellaneous 162346 113.975 1 1666.190 52.215 45 3161 /45.553 31.384 27 3% Interest Income 1139 667 155 CCC 160 389 5.389 3 3"°i 190.000 3535=CO 222.6% Total Revenues S10,039,389 S11,155,299 $12,031,095 $875,796 7.316 515,112,953 53,957.654 35.5% EXPENDITURES Cary Secretary 5242.574 $237,412 216.556 (320.856) -8 3% S301,173 363.761 26.9% City Manager 499.939 350,120 336,989 (13.131) -3.3% 351,003 3,33 0.3% Support Services 1 497 945 1 210.601 1.506.901 296.300 24.5°4 2.526.534 1,315 933 1C8.714 General Gov.Total S2.240,457 51,798,133 S2,060,446 $262,313 14.6% S3,178,710 S1,380,577 76.8% Human Resources 144.348 168.488 208.359 40.371 24 0% 209.600 41.112 24.4% Human Resources Total 5144,948 S168,488 5208,859 540,371 24.0% 5209.600 541.112 24.4% Finance 413,018 410.436 402.311 (8,4251 -2.t 1' 454,155 43.729 13.7% Municipal Court 253.235 275 33C 286.087 9.157 3 3% 304,770 27 340 10.11% Teen Court 48.145 54 509 60291 5.582 10 4'61 92.32'3 38=24 59 5% L Finance Total 5719,399 5741,975 5748,189 56,414 0.9°6 $851,569 5109.594 14.8% Fire 1,460.111 1.527.724 1,730,528 202.904 13.3% 1,857.325 330.101 21.6% Police 2.242.915 2.600,413 2.733,747 133,334 5.1% 3.418.246 317,333 31.5% Public Safety Support 975,419 982.380 974,918 (7,962) -0 3% 1,056,436 73.556 7 5% Building Inspections 474 511 587,485 596.720 9.235 1 3% 592.396 105 411 17.9% Public Safety Total 55,152.956 55,698,502 $6,035,913 $337,411 5.9% S7,025,403 51,326.901 23.3% Streets/Oramage 903.989 911.629 918,328 6.699 0''61 939.157 27 538 3.0% Public Works Admen 590.190 356 528 771.554 ;;84 3741 -3 3%) 803.729 7991 -6 2% Public Works Total S1.594,180 31,768,157 S1,689.982 ($78.275) -4.44,6I 51,742,896 (525.261) -1.4°4 Community Development 463.551 555 593 508.250 - (47 343) -8 5'6I 531.480 24''3) -s 3% Economic 0evek:cment 90.319 114 235 122179 7 394 3 7%I 144,332 3C_47 25 7% I Community Dev.Total S553.869 5669,878 3630,429 (539,449) -5.9°4 5676,312 S6.434 1.0% Community Services 0 360.113 327,047 (33.066) -3 2% 416.331 56.7 18 15.3% Parks and Recreation 1 013.012 1.301.738 . 1.163,689 (138,049) -10 5% 1,454,991 153 253 11 3% L.brary Services 0 0 0 0 0 0% 162.480 162480 100.0% Community Svcs.Total 51,013,012 51,661,851 S1.490,738 (5171,1151 -10.3% 52,034,302 5372.451 22.4% Pay Plan Implementation S0 S285,409 5285,409 SO 3 2% SO (285,4091 -100.0% Total Expenditures S11,418,821 $12,792,393 313,150,063 $357,670 2.3%i 515,718,792 52,926,399` 22.9% Set Revenues (51.379 4321 (51 337 0941 (21.118.968) ;518.126 (S605.8391 )1,031.255 'racoon from c 0 SawCmer 3823.485 37 15.547 S715,547 30 S0 Lease Proceeds 161,396 3 0 0 694,3C0 Transfers Out 0 0 (38.000) (1,155,942) Trensfers n 3633000 3700000 3760.000 S0 SI 235.527 ( LTotal Other Source.tue.e) 3'523 381 '31 R 547 1 377 c 7 138 C001 I 3773 38, degronm9.una Satan. 32.353.653 32,597.302 32.597,502 32356.181 Reserved°una amerce 30 30 S0 i 30 0neng F,na 3aunce j2 597 30Z 32 376 05Z S2 856 181 33 024.227 .und oaten.oercomayC^r 22.75%I 1357% 21.72% 19.24% PAGE 3 "EXHIBIT A" DEBT SERVICE FUND (16.0' 1998-99 Proposed Budget and 1997-98 Revised Budget 7220 PM 79/10r98 $Increase/ $increase/ 1996-97 1997-98 1997-98 (Decrease) %Increase/ 1998-99 (Decrease) t/o Increase/ REVENUES Actual Adopted Revised Adopted -Decrease Proposed Adopted -Decrease Ad Valorem Taxes S2,304,860 S2.773,531 $2,773,531 SO 0.0% $2.401.209 ($372,3221 -13.40.E Miscellaneous Income 314.245 SO S0 S0 0.0% SO SO 0.0% Interest'ncome 51.286 35.750 35.750 0 0.0°io 35.750 O i 0.0% Total Revenues 52,380,391 52,809,281 52,809,281 50 0.0% 52,436,959 (5372,322)j •13.34'0 EXPENDITURES I 1 Principal S947,350 S1,092.350 31,092,350 50 0.0% 31.996,582 $904,232 82.3% Interest $719,833 31,351,533 $1,351,633 0 0.0% S2,067,085 705.452 52.2% Admin.Expenses $6,934 $6.000 S6,000 0 0.0% 56.000 0 0.0% Total Expenditures $1,674,117 $2,449,983 S2,449,983 S0 0.0% S4,059,667 51,609,684 65.7% Net Revenues $706.274 5358.291 ;359.294 12 JS1.622.708) (51.982.0061 Transfers In 56,375 480,456 480,456 1,126,587 Transfer Cm (584.773) /719.2331 (719,233) 0 Total other 5curuv(uses) (527,898) (238,777) (238,777) 1.126,587 (Iiile Beginning Fund Balance $480,556 $658,932 S658,932 $779,453 Ending Fund Balance .6 a S779 453 ;779.451 ;283 43z l C r'7, PAGE 4 :`EXHIBIT A" UTILITY FUND (hime 1998-99 Proposed Budget and 1997-98 Revised Budget 02:20 OM 09/1198 S Increase/ 3 increase/ 1996-97 1997-98 1997-98 (Decrease) %Increase! 1998-99 (Decrease) %Increase/ REVENUES Actual Adopted Revised Adopted -Decrease Proposed Adopted -Decrease Miscellaneous $75,448 391,500 $68,300 ($23,300) -25.4% $83.400 (S8.200) -9.0% Interest Income 77,196 77.000 77,000 0 0.0% 100,000 23.000 29.9% Water3ales-res,certial 4,425.797 4,387.500 5,300.000 912,500 13.7% 5,220.000 332.500 6.3% Water Sales-:cn-eroal 557,307 701 500 395,300 193,500 27.5% 305.500 104,000 14.3% Sewer Sales 311.524 920,000 1.000.300 30.000 3.7% 975.000 55,000 5.3%1 Sanitation Sales 508.224 534.300 568,132 34,182 5.4% 636.000 102,000 19.1%i Other utility charges 409.949 359.000 471.325 112.025 31.2% 443.315 34.315 23.3% Total Revenues $6,966,045 57,570,600 $8,879,507 $1,308,907 17.3% $8,263,215 $692,615 9.1% EXPENSES Debt Service 1,872.483 2,062,490 1,979,213 (83.277) -4.0% 2,121,141 58.651 2.8% Utility Billing 0 0 0 0 0.0% 303,421 303,421 100.0% Water 4.012,284 4,413,701 4,852,335 438,634 9.9% 4,504,340 90.639 2.1% Wastewater 962,943 792.206 643,705 (148.501) -13.71%0 747,246 (44.960) -5.7% Sanitation 445.205 500,000 5C0,000 0 0.0% 560,000 60.000 12.0% Pay Plan Implementation 0 15.705 15,705 0 0.0% 0 (15,705) -100.0% Total Expenses 57.292,915 $7,784,10t Z 57.990.958 5206,856 2.7% Warta5452,047 5.8°;! Net Revenues fS326.8701 r52133021 ;888.549 f 1.102.05j f27,06§ ;240,$6$ Transfers in SO 5834,145 S334,145 SO Transfers Out (633,000) (700.000) (700.000) (785,5271 Total Other sources(uses) (633,000) 134,145 134,145 (785,527) Net change;n w/c components Ut n( to Cn 3S g5 9eginn rg!un0 oalance $2.091,131 31.131.251 31.131.251 S2,153,955 thong'%ne oalance 1 1 3 51901 ;2 153 95 51 395 494 i No.cr lays.vorkmg aptal 57 49 98 62 Li 7n_ � PAGES "EXHIBIT A" SPECIAL REVENUE FUND Cue Parks/Recreation 1998-99 Proposed Budget and 1997-98 Revised Budget 1122t?1A :9n 0/98 S Increasei $Increase/ 1996-97 1997-98 1997-98 (Decrease) '4 Increase/ 1998-99 (Decrease) '%Increase/ REVENUES Actual Adopted Revised Adopted -Decrease Proposed Adopted -Decrease Permits,Fees $143,377 350.000 $250,000 3200,000 400.0% SIC0,000 350,000 100.0% Miscellaneous 1,100 0 0 0 0.0% 0 0 0.00% Interest 4.967 3.465 8,100 4.535 133.3% 5 500 2.135 51 5% Total Revenues S149,944 $53,465 S258,100 $204,535 382.7% $105,600 552,135 97.5% EXPENDITURES Parks and Recreation $7,167 S0 SO S0 0.0% 0 0.0°% Park Improvements 1,945 0 0 0 0.0% 0 0 0.0% Land 10.552 0 200,082 200.082 0.0% 0 0 0.0% Total Expenditures $19,664 S0 $200,082 $200,082 0.0% S0 S0 0.0% Net Revenues $130,280 $53,465 $58,018 $4,553 $105,600 $52,135 Sand oroceeds SO SO SO SO I Transfer o niter funds (556.375) ($53.594) (S53.594) (5242.141) Total Other Sources:Nses) ($56.375) (S53,594) (553,594) (S242.141) eegannng=;ndeaiance 584,241 5157,646 S157,646 5162,070 Ending Fund Balance )157 646 =Liu 5162.070 e 5 529 L PAGE 6 7/3-/a "EXHIBIT A" SPDC - OPERATING FUND (.... Parks/Recreation 1998-99 Proposed Budget and 1997-98 Revised Budget 02:20 PN 79/10l98 t $Increase/ 3;ncrease/ 1996-97 1997-98 1997-98 (Decrease) %Increase/ 1998-99 (Cecrease) '/o Increase/ REVENUES Actual Adopted Revised Adopted -Decrease Proposed r Adopted -Decrease Sales Tax $965,508 $1.357,500 $1,313,500 (344.000) -3.29%0 $1,510,525 3153.025 11.3% Interest 35.275 41.250 30.000 (11.250) -27.3% 37,500 (3.750) -9.1% Total Revenues $1,000,783 $1,398,750 $1,243,500 (555,250) -3.9% 51,548,025 $153,025 10.91's! EXPENDITURES Personnel S46,159 346.314 $50,229 S3,915 3 5% $46.314 SO 0.0% Operations 34,300 SO 31,400 1,400 100 0% 54.200 4.200 100.0% Capital SO SO SO 0 0.0% SO 0 0.0% Pay Plan Implementation S0 $700 $700 0 0.0% SO (700) Total Expenditures $50,959 $47,014 $52,329 $5,315 11.3% $50,514 $3,500 7.4% Net Revenues $949,824 $1,351,736 $1,291,171 ($60,565) $1,497,511 $145,775 Transfers Out (1,229,770) (651.312) (1,201.812) (1154,125) Proceeds from C 0 Sale Total Other Sources,Uses) (1,229,770) (651,312) (1,201,812) (1.154,125) (hie, Beginning Fund Balance $700,546 S420,600 $420,600 $509,959 Ending Fund Balance 5420.600 51 120.524 $509 95 j ;853 345 Coe 7,,// PAGE 7 "EXHIBIT A" SPDC - DEBT SERVICE FUND Li Parks/Recreation 1998-99 Proposed Budget and 1997-98 Revised Budget :2-Za°M :9i'G98 $Increase/ S Increase/ 1996-97 1997-98 1997-98 (Decrease) 14 Increase/ 1998-99 (Decrease) " Increase/ REVENUES Actual Adopted Revised Adopted -Decrease Proposed Adopted -Decrease Interest Income 318.741 5275 $18,000 S17.725 6445.5% S20.000 S19.725 7172.7% Total Revenues $18,741 5275 518,000 517,725 6445.5% 520,000 $19,725 7172.7% EXPENDITURES Prinapal 5345.000 5205,000 $205,000 50 0.0% 3215,000 310.000 43% Interest 304,764 446,312 446,312 0 0.0% 439,125 (7,587) -1_7% Admin.Expenses 260.500 2.000 22 000 0 0.0% 2.000 0 0.0% Total Expenditures 6910,264 $653,812 $653,812 $0 0.0% $656,125 $2,313 0.4% Net Revenues ($891,523) ($653,537) ($635,812) 517,725 ($636,125) $2,313 Proceeds from bond sale SO $0 $0 SO Transfers in 3639.770 S651,812 S651,312 $654,125 Total Ctner Sources(Uses) $639,770 5651,312 3651,812 5654,125 (IIIIe deginnng Fund 3alance $254,791 $13,038 $13,038 529,038 Ending Fund Salem. S 13.038 $]1313 329.038 547 034 L 7/3-/A PAGE 8 "EXHIBIT A" CRIME CONTROL DISTRICT FUND Le- 1998-99 Proposed Budget and 1997-98 Revised Budget 12:20 4..1 09n 0r99 $Increase/ S Increase/ 1996-97 1997-98 1997-98 (Decrease) %Increase/ 1998-99 (Decrease) %Increase/ REVENUES Actual Adopted Revised Adopted -Decrease Proposed Adopted -Decrease Sales Tax S0 3631.198 $619.197 (S62,001) -9.1% S1.438,525 S757.327 111.2°5 Interest 0 18.750 18.750 0 0.0% 35.982 17.232 91.9% Total Revenues SO $699,948 $637,947 (562,001) -8.9°,4 51,474,507 f757,327 108.2% EXPENDITURES Personnel 30 S70.529 $70,529 S0 0 0% $103.050 332.521 46.1°6 Operations S0 33.572 S3,672 0 OA% S1.560 (2.112) -57.5% Capital SO 3134,532 $134,632 0 0.0% 3176310 42.173 31.3°5 Pay Plan Implementation S0 S0 $0 0 0.0% S0 0 0.0% Total Expenditures SO $208,833 $208,833 S0 0.0% 3231,420 372,587 34.3% Net Revenues $0 $491,115 S429,114 ($62,001) $1,193,087 $701,972 Transfers in 0 0 0 0 #roeeeds tom C.O.Sale Total Crther Sources(Uses) 0 0 0 0 3egmmng Fund 3aiance S0 S0 S0 $429,114 =nding=md 3aunce IQ $491 115 3429.114 $1 522 201 Le 73j3PAGE 9 "E?CHIBIT A" TIF OPERATING FUND Le 1998-99 Proposed Budget and 1997-98 Revised Budget 92.20 241 :9r'0i98 i 5 Increase/ $Increase/ 1996-97 1997-98 1997-98 (Decrease) '/°Increase/ 1998-99 (Decrease) '.6 Increase/ REVENUES Actual Adopted Revised Adopted -Decrease Proposed Adccted -Decrease Sales Tax SO S0 $0 SO 0.0% SO S0 0.0% Interest 0 0 0 0 0.0% 0 0 0.0% Total Revenues S0 S0 SO SO 0.0% SO SO 0.0% EXPENDITURES Personnel 50 50 334,225 $34.225 100.0% $131,625 3131.525 1000% Coerations SO S0 $3,750 3.750 100.0% S11,500 11.50 1C0,0% Capital SO SO $0 0 100.0% SO 0 100.0% Pay Plan Implementation S0 S0 SO 0 100.0% SO 0 Total Expenditures S0 SO $37,975 $37,975 100.0% $143,125 $143,125 100.0% Net Revenues SO S0 ($37,975) ($37,975) ($143,125) (S143,125) Transfers:n 0 0 38,000 145,000 Proceeds Iron,0.0.Sale Total:.niter Sources(Uses) 0 0 38,000 145,000 (Pe Begmmng Fund Saunce SO SO SO $25 'coding Fund BalanceEl ig SO L 7/3 /e/ PAGE 10 "EXHIBIT A" L PROPOSED BUDGET 1997-98 ALL FUNDS SUMMARY Special Revenue General Utility Debt Service Parks/ TIF Operating Crime Control Fund Fund Fund Recreation Fund District Fund SPDC Funds Total Projected Revenues-FY98-99 $15,112,953 58,263.215 52,436,959 5105,600 50 51,474,507 51,568,025 528,961,259 Less: Projected Expenditures S15,718,792 $8.226.149 54,059,667 S0 S143.125 S281,420 S706,6639 S29,145,792 Total-Expenditures-FY98-99 515,718,792 58,236,149 54,059,667 S0 5143,125 5281,420 5706,639 529,145,792 C.O.:Bond Proceeds SO S0 S0 30 SC SO 30 SO Lease Proceeds S694,300 S0 SO So SO S0 $694,3C0 Net Transfers In(Out) $79.585 (5735 527) $1,126.687 (S242.141) 5145.000 SO (S500 0001 J$176.3961 Net Revenues 5168.046 15758.4611 (5496.0211 15136.5411 UM 51.193.087 )361.38i )333.371 Estimated Fund Balance/ Working Capital 9/30/98 S2,856,181 32,153,955 $779,453 S162,070 S25 $429,114 5538,997 $6,919,795 Estimated Fund Balance/ Working Capital 9/30/99 $3,024,227 S1,395.494 $283,432 525.529 51,900 S1,622,201 S900,383 S7,253.1506 Li_ Li 7 /) /5-- PAGE 11 "EXHIBIT A" PROPOSED BUDGET 1998-99 ALL FUNDS SUMMARY (me, EXPENDITURES BY FUND/CATEGORY 1997-98 1997-98 1998-99 $ Increase/ % Increase/ 1996-97 Adopted Revised Proposed (Decrease) -Decrease FUND Actual Budget Budget Budget Adopted Adopted EXPENDITURE CATEGORY Personnel 6,960,352 8,154,188 8,582,782 10,258,130 2,103,942 25.8% Operations 7,798,022 8,882,271 9,003,934 9,576,737 694,466 7.8% Capital Outlay 2,151,502 1,431,579 1,572,415 2,473,992 1,042,413 72.8% Debt Service 4,456,864 5,166,285 5,083,008 6,386,933 1,220,648 23.6% Pay Plan Implementation - 10/97 0 301,814 301.814 0 (301,814) -100.0% GRAND TOTAL ALL FUNDS 21,366,740 23,936,137 24,543,953 28,695,792 4,759,655 19.9% (kW Cie 7 n /� PAGE 12 "EYHIBIT A" PROPOSED BUDGET 1998-99 (11Pre ALL FUNDS SUMMARY EXPENDITURES BY FUND/CATEGORY 1997-98 1997-98 1998-99 $ Increase/ % Increase/ 1996-97 Adopted Revised Proposed (Decrease) -Decrease FUND Actual Budget Budget Budget Adopted Adopted General Fund Personnel 6,261,947 7,210,983 7,499,261 8,944,098 1,733,115 24.0% Operations 3,687,130 4,570,454 4,486,797 5,059,482 489,028 10.7% Capital Outlay 1,469,745 725,547 878,596 1,715,212 989,665 136.4% Pay Plan Implementation - 10/97 0 285.409 285.409 0 (285,409) -100.0% Total 11,418,821 12,792,393 13,150,063 15,718,792 2,926,399 22.9% Utility Fund Personnel 652,248 826,362 928,538 1,033,043 206,681 25.0% Operations 4,098,925 4,308,145 4,508,315 4,499,995 191,850 4.5% Capital Outlay 669,260 571,400 559,187 581,970 10,570 1.8% Debt Service 1,872,483 2,062,490 1,979,213 2,121,141 58,651 2.8% Pay Plan Implementation- 10/97 0 15.705 15,705 0 (15,705) -100.0% Total 7,292,915 7,784,102 7,990,958 8,236,149 452,047 5.8% Debt Service Fund ce Debt Service 1,674,117 2.449.983 2,449.983 3,609.667 1.159,684 47.3% Total 1,674,117 2,449,983 2,449,983 3,609,667 1,159,684 47.3% Special Revenue- Parks/Recreation Fund Operations 7,167 0 0 0 0 0.0% Capital Outlay 12,497 0 0 0 0 0.0% Total 19,664 0 0 0 0 0.0% TIF Fund Personnel 0 0 34,225 131,625 131,625 100.0% Operations 0 0 3,750 11,500 11,500 100.0% Total 0 0 37,975 143,125 143,125 100.0% Crime Control District Fund Personnel 0 70,529 70,529 103,050 32,521 46.1% Operations 0 3,672 3,672 1,560 (2,112) -57.53/o Capital Outlay 0 134.632 134,632 176,810 42,178 31.3% Total 0 208,833 208,833 281,420 72,587 34.8% SPDC Fund Personnel 46,159 46,314 50,229 46,314 0 0.0% Co' Operations 4,800 0 1,400 4,200 4,200 100.0% Debt Service 910,264 653,812 653,812 656,125 2,313 0.4?/° Pay Plan Implementation - 10/97 0 700 700 0 (700) -100.0% Total 961,223 700,826 706,141 706,639 5,813 0.8% GRAND TOTAL ALL FUNDS 21,366,740 23,936,137 24,543,953 28,695,792 4,759,655 19.9% A PAGE 13 "EXHIBIT A" PROPOSED BUDGET 1998-99 ALL FUNDS SUMMARY L., EXPENDITURES BY FUND/DIVISION/CATEGORY 1997-98 1997-98 1998-99 S Increase/ % Increase/ 1996-97 Adopted Revised Proposed (Decrease) -Decrease GENERAL FUND Actual Budget Budget Budget Adopted Adopted C:^i Secretary/Mayor/Council Personnel 99,056 96,034 102,563 136,086 40,052 41.7% Operations 136,289 135,890 105,696 159,802 23,912 17.6% Capital Outlay 7.229 5.488 8.297 5.285 (203) -3.7% Taal 242,574 237,412 216,556 301,173 63,761 26.9% Human Resources Personnel 58,463 90,572 112,345 117,754 27,182 30.0% Ccerations 82,483 77,916 96,269 91,846 13,930 17.9% Capital Outlay 4,002 0 245 0 0 0.0% Total 144,948 168,488 208,859 209,600 41,112 24.4% City Managers Office Personnel 402,158 282,545 295,098 310,983 28,438 10.1% Operations 86,450 64,075 38,725 40,020 (24,055) -37.5% Capital Outlay 11,330 3,500 3.166 0 (3.500) -100.0% Total 499,939 350,120 336,989 351,003 883 0.3% Support Services Personnel 27,272 28,101 28,901 73,802 45,701 162.6% L Operations 1,208,180 1,173,600 1,442,500 1,571,846 398,246 33.9% Capital Outlay 262,493 8,900 35,500 880,886 871.986 9797.6% Total 1,497,945 1,210,601 1,506,901 2,526,534 1,315,933 108.7% Finance Personnel 247,589 249,400 257,356 268,606 19,206 7.7% Ccerations 139,632 161,036 142,313 178,559 17,523 10.9% Capital Outlay 30.796 0 2.342 7,000 7,000 100.0% Total 418,018 410,436 402,011 454,165 43,729 10.7% Municipal Court Personnel 155,483 154,091 157,757 167,775 13,684 8.9% Operations 85,445 119,339 121,399 129,156 9,817 8.2% Capital Outlay 12,308 3,500 6.931 7,839 4,339 124.0% Total 253,235 276,930 286,087 304,770 27,840 10.1% Teen Court Personnel 27,494 37,004 37,004 41,979 4,975 13.4% Ccerations 14,501 17,605 23,287 50,294 32,689 185.7% Capital Outlay 6,150 0 0 360 360 100.0% Total 48,145 54,609 60,291 92,633 38,024 69.6% Fire Services Personnel 916,548 1,020,491 1,106,947 1,328,943 308,452 30.2% Operations 205,637 305,736 306,493 320,014 14,278 4.7% Capital Outlay 337,926 201.497 317,088 208,868 7,371 3.7% Total 1,460,111 1,527,724 1,730,528 1,857,825 330,101 21.6% 7 -/ O PAGE 14 "EXHIBIT A" PROPOSED BUDGET 1998-99 ALL FUNDS SUMMARY Ce EXPENDITURES BY FUND/DIVISION/CATEGORY 1997-98 1997-98 1998-99 $ Increase/ % Increase/ 1996-97 Adopted Revised Proposed (Decrease) -Decrease GENERAL FUND Actual Budget Budget Budget Adopted Adopted Police Services Personnel 1,721,531 2,020,392 2,162,735 2,798,647 778,255 38.5% Operations 230,842 354,535 345,526 381,736 27,201 7.7% Capital Outlay 290,542 225.486 225.486 237,863 12.377 5.5% Total 2,242,915 2,600,413 2,733,747 3,418,246 817,833 31.5% Public Safety Support Personnel 719,363 697,132 689,880 789,698 92,566 13.3% Operations 182,134 214,673 213,583 242,640 27,967 13.0% Capital Outlay 73,923 71,075 71,455 24,098 (46.977) -66.1% Total 975,419 982,880 974,918 1,056,436 73,556 7.5% Building Inspection Personnel 356,224 454,155 482,514 540,516 86,361 19.0% Operations 54,413 96,680 78,119 83,007 (13,673) -14.1% Capital Outlay 63,875 36.650 36,087 69,373 32.723 89.3% Total 474,511 587,485 596,720 692,896 105,411 17.9% Streets/Drainage Personnel 371,439 420,649 443,857 443,933 23,284 5.5% Cole Operations 425,628 428,480 414,562 439,234 10,754 2.5% Capital Outlay 106.922 62,500 59,909 56,000 (6.500) -10.4% Total 903,989 911,629 918,328 939,167 27,538 3.0% Public Works Administration Personnel 398,061 411,440 415,779 549,967 138,527 33.7% Operations 209,146 392,312 312,175 207,912 (184,400) -47.0°70 Capital Outlay 82,984 52.776 43.600 45,850 (6.9261 -13.1% Total 690,190 856,528 771,554 803,729 (52,799) -6.2% Community Development Personnel 363,295 436,153 436,525 476,691 40,538 9.3% Operations 97,665 114,115 66,315 54,789 (59,326) -52.0% Capital Outlay 2,591 5,325 5,410 0 (5,325) -100.0% Total 463,551 555,593 508,250 531,480 (24,113) -4.3% Economic Development Personnel 52,742 63,255 62,649 68,097 4,842 7.7% Operations 37,537 51,030 59,530 76,735 25,705 50.4% Capital Outlay 40 0 0 0 0 0.0% Total 90,319 114,285 122,179 144,832 30,547 26.7% Community Services Personnel 0 210,101 209,838 233,645 23,544 11.2% Operations 0 140,562 114,209 181,786 41,224 29.3% (...., Capital Outlay 0 9.450 3.000 1.400 (8.050) 85.2% Total 0 360,113 327,047 416,831 56,718 15.8% 7/649 PAGE 15 "EXHIBIT A" PROPOSED BUDGET 1998-99 ALL FUNDS SUMMARY (tise EXPENDITURES BY FUND/DIVISION/CATEGORY 1997-98 1997-98 1998-99 $ Increase/ % Increase/ 1996-97 Adopted Revised Proposed (Decrease) -Decrease GENERAL FUND Actual Budget Budget Budget Adooted Adopted Parks and Recreation Personnel 345,231 539,468 497,513 596,975 57,507 10.7% Operations 491,147 722,870 606,096 697,626 (25,244) -3.5% Capital Outlay 176.634 39,400 60,080 160.390 120,990 307.1% Total 1,013,012 1,301,738 1,163,689 1,454,991 153,253 11.8% Library Services Personnel 0 0 0 0 0 0.0% Operations 0 0 0 152,480 152,480 100.0% Capital Outlay 0 0 0 10,000 10,000 100.0% Total 0 0 0 162,480 162,480 100.0% Pay Plan Implementation- 10/97 0 285,409 285,409 0 (285,409) -100.0% TOTAL GENERAL FUND 11,418,821 12,792,393 13,150,063 15,718,792 2,926,399 22.9% L L • 7,6?ao PAGE 16 "EXHIBIT A" PROPOSED BUDGET 1998-99 ALL FUNDS SUMMARY (1110/ EXPENDITURES BY FUND/DIVISION/CATEGORY 1997-98 1997-98 1998-99 S Increase/ % Increase/ 1996-97 Adopted Revised Proposed (Decrease) -Decrease Actual Budget Budget Budget Adopted Adopted UTILITY FUND Utility Billing Personnel 0 0 0 189,385 189,385 100.0% Operations 0 0 0 64,036 64,036 100.0% Capital Outlay 0 0 0 50.000 50.000 100.0% Total 0 0 0 303,421 303,421 100.0°10 Water Utilities Personnel 507,284 648,331 718,829 614,162 (34,169) -5.3% Operations 2,950,796 3,313,245 3,690,594 3,475,778 162,533 4.9% Capital Outlay 554,204 452,125 442,912 414,400 (37.725) -8.3% Total 4,012,284 4,413,701 4,852,335 4,504,340 90,639 2.1% Wastewater Utilities Personnel 144,963 178,031 209,709 229,495 51,464 28.9% Operations 702,924 494,900 317,721 400,181 (94,719) -19.1% Capital Outlay 115,056 119,275 116,275 117.570 (1,705) -1.4% Total 962,943 792,206 643,705 747,246 (44,960) -5.7% Sanitation Le Operations 445.205 500,000 500.000 560,000 60,000 12.0% Total 445,205 500,000 500,000 560,000 60,000 12.0% Non-Departmentalized Debt Service 1,872,483 2,062,490 1,979,213 2,121.141 58,651 2.8% Total 1,872,483 2,062,490 1.979,213 2,121,141 58,651 2.8% Pay Plan Implementation- 10/97 0 15,705 15,705 0 (15,705; -100.0% TOTAL UTILITY FUND 7.292,915 7,784,102 7,990,958 8,236,149 452,047 5.8% DEBT SERVICE FUND Principal 947,350 1,092,350 1,092,350 1,561,882 469,532 43.0% Interest 719,833 1,351,633 1,351,633 2,041,785 690,152 51.1% Administrative Expenses 6,934 6,000 6,000 6,000 0 0.0% Total 1,674,117 2,449,983 2,449,983 3,609,667 1,159,684 47.3% SPECIAL REVENUE PARKS& RECREATION FUND Operations 7,167 0 0 0 0 0.0% Capital Outlay 12,497 0 0 0 0 0.0% Total 19,664 0 0 0 0 0.0% L /1C2/ PAGE 17 "EXHIBIT A" PROPOSED BUDGET 1998-99 ALL FUNDS SUMMARY EXPENDITURES BY FUND/DIVISION/CATEGORY Le 1997-98 1997-98 1998-99 $ Increase/ % Increase/ 1996-97 Adopted Revised Proposed (Decrease) -Decrease Actual Budget Budget Budget Adopted Adopted TIF FUND Personnel 0 0 34,225 131,625 131,625 100.0% Operations 0 0 3,750 11,500 11,500 100.0% Capital Outlay 0 0 0 0 0 1CC.0% Total 0 0 37,975 143,125 143,125 1 00.0% CRIME CONTROL DISTRICT FUND Personnel 0 70,529 70,529 103,050 32,521 46.1% Operations 0 3,672 3,672 1,560 (2,112) -57.5% Capital Outlay 0 134,632 134,632 176.810 42,178 31.3% Total 0 208,833 208,833 281,420 72,587 34.8% SPDC FUND Personnel 46,159 46,314 50,229 46,314 0 0.0% Operations& Maintenance 4,800 0 1,400 4,200 4,200 1C0.0% Capital Outlay 0 0 0 0 0 0.0% Debt Service 910,264 653,812 653,812 656,125 2,313 0.4% (11.1 Pay Plan Implementation 10/97 0 700 700 0 J700) -1C0.0% Total 961,223 700,826 706,141 706,639 5,813 0.8% GRAND TOTAL-ALL FUNDS 21,366,740 23,936,137 24,543,953 28,695,792 4,759,655 19.9% C 76aa PAGE 18 . 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A A 69 A A A A A A 69 A A A A A A A A EA A A A D5 ' • ^ CO 0 ' 0 0 0 O 0 Co 0 ('N) O CC') ^ O `2 aco o�i v0i 0 n (n N. 9 v CO Ili a) O (0 1 Q Oa 0 to O O n rn p) CD CO O CO A Cr) N d Q N CO Cl- Pi U o C i Q OS Pi M (") `i A A A A A A A 69 A A 69 A A A A A A A A A A A p m _ 'Cr CO CD aXI _ cv _ . N (o N O n e- O d• a. C) CT . a co" r IO v 0 a C O cc;Oi 0 Cn (n CO CO C9 v '4 U a a s 7 A A O C) CO N ^ CS 1 } O N N CV N N 9 ..� 0 A A A A A A A A A A A A A A y on 73 > CO a CJ Cm j 7 -0 0 7 CD r - LL v 2 .0 m. m a aU W O. C' CO 9 O ynp m : ch C m (7) CO H W T U a aCO co O o to D Q E V ^ O C) CC 9UD c c EtoX > E 9 y m _ a9 a m U - 9 c - c Q p as N �, .. N 7 9 W O to O N N L,. LL i! ik " O O C fn W0 'D to .. i9 �` �.,.a) Of. O N �. N Q U L _ _ Y U N .- J+3 co N .- CT ( a CA CD CO C6 _ - ? O O CL Nril d W C y C Cq U LL LL C - , 3) N C3 - m O in O U .C. F- lL C 0 A C '0 a .O (n :a el C9 O G' a)01 c L m U C9' )- a N m 72 w 4 0). i m ' m R A � O LL U (9 c 3) p a% N W CO m N to m Cn 0 CO 0 '`D O 7 N vcp UL O N 9 co G C W " C) C9 9Z C C) W X >. T >•. 9' Q y LL - co O H W •�co M C7 J O U LL LL C—X (O (O `6 (O p 90 U W H m ai Z 2 ZQ ° a n V) V) ininv m Q y W W ° V < s N N N m 0 > 9 Ui ' X o. C L •O Cl) 0 F°- F � H H ,- 0 d ye W X m Cn ti N a A a A a co N el O N CO A m Of 0 N N N N VI N N N CO N CO'f e9 P) ems') e'er) el t Ws 0') eA') 1�') Peg V V 0 PAGE 23 7Q—a 7 • MEMORANDUM (iimpe September 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 710, 2nd reading, abandoning Bluebonnet Drive in the City of Southlake, Tarrant County, Texas. Background Ordinance No. 710 provides for the abandonment of Bluebonnet Drive in its entirety. The developer for the Kimball/1709 Addition has petitioned for abandonment of this R.O.W., met all requirements, and paid all the application fees. Attached Exhibit A (Plat Revision) represents the existing property as well as the proposed new development and existing Bluebonnet Drive, right-of-way. Based upon Councils discussion at the ls` reading of the Ordinance, staff has contracted with an appraiser to establish a value for the Bluebonnet R.O.W. She should have her valuation in about one-week. Given that the issue might become more frequent, staff has contacted other government entities and will propose a policy on the disposition of excess R.O.W. Recommendation Staff recommends Council approve Ordinance No. 710, 2"d reading, Abandoning Bluebonnet Drive as described within the ordinance. Please place this item on the September 15, 1998 Regular City Council Agenda for City Council review and consideration. BW/cre Attachment: Ordinance No. 710 Exhibits A Application for R.O.W. Abandonment Quitclaim Deed D:AWord Files`Ordinances\Ord7I IvmemoIrde.doc L 7C-1 1 ORDINANCE NO. 710 AN ORDINANCE NO. 710, 1ST READING, ABANDONING BLUEBONNET DRIVE IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR THE USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC OWNERSHIP, OR CONTROL OF SAID BLUEBONNET DRIVE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Southlake 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 Local Government Code; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that right-of-way on Bluebonnet Drive in the City of Southlake, hereinafter more specifically described, is not being used by, nor useful or convenient to the public in general; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said street,the City desires to execute quitclaim deeds releasing all title, ownership and control in said street to the owners of the abutting property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: C 7C-2 SECTION 1 Cie The following street is hereby vacated and abandoned as public property, effective upon the payment of fair market value of the right-of-way by the abutting property owners: Bluebonnet Drive located in the City of Southlake, as more particulary shown on the plats of Lots 2, 3. 4, and 5, Block 1, Kimball/1709 Addtition approved by the City Council on September 1, 1998, and being further described and depicted on Exhibits "A" and "B" attached hereto. The street is not being used by . nor useful or convenient to the public in general. The right-of-way so vacated and abandoned shall revert in simple to the owners of abutting properties. SECTION 2 Upon receipt of payment of the fair market value of the right-of-way from the owners of the abutting properties, the Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute one or more quitclaim deeds releasing all claims to title, ownership, or control of the right-of-way on behalf of the City of Southlake, Texas. SECTION 3 A copy of said quitclaim deeds shall be presented for filing with the County Clerk of Tarrant County, Texas, by the office of the City Secretary. SECTION 4 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 judgement 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. C 7C-3 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1998. CITY OF SOUTHLAKE, TEXAS MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1998. CITY OF SOUTHLAKE, TEXAS C MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Date: Adopted: C 7C-4 Effective: D Word FilcsnOrdirunccs\Ord7l I Ord7l 1 doc C C C 7C-5 ' :=CM . 'xr•- C.:rt:; zsscc:a: rC1'es. .^c. - F NO. : 917 3-..r1 'azei. pe' EXHIBIT "A" Conner Lam parcel DESCRIPTION OF PROPERTY SURVEYED STUATED n the City of 5outhlake. Tarrant County. Texas. and being a tract of land in the SAMUEL 5REEMAN SURVEY. Abstract No. 525. and being o portion of that certain public roadway known as 3l,ecorv+ef Drive(termer County Rood Project No.3119).and said portion being more fully described as follows: BEGINNING at the point of i,terseotion of the south lino of that certain tract of land conveyed to Conner Lam by deed recorded In Volume 7878, Page 2247,of the Tarrant County Deed Records.and "are north'ire of that certain tract conveyed to Bluebonnet Road Pa tnas. Ltd..by deed recorded in volume 11942 Pugs 578.of said Deed Records.with the west line of said Bluebonnet Drive.from which point of beginning a TxCCT concrete monument at the point of intersection of sad west line of 3k,eborx+et Drive with the northerly in,of State F.M.Highway 1709 bears South 1 decree.09 minutes. 20 seconds West.239.62 feet: THENCE North 0 degrees.21 minutes. 25 seconds East with said west line of Bluebonnet Drive. in said Conner Loin tact. continuing in a second tract conveyed to said Conner Lam by deed in Volume 3024.page 291.of said Deed Records.in oft 453.37 feet to the most easterly southeast corner Of a thid Conner Lam tract.as conveyed by the State of Texas by deed recorded in Volume 12224. Page 590. of said Deed Records in a northwesterly tine of said second Conner Lam fact, THENCE North 0 depress. 25 minutes. 45 seconds East continuing with said west fire of Bluebonnet Dr1%,e and with the east:ins of said third Conner tarn tract. 138.19 feet to the northeast corner of said hind Lam tract in the south Tine of that certain portion of Bluebonnet Drive retained fa proposed improvements for Staty Highway 114 from which point o p-k nail found in place bears NOrih 82 Degrees West,0.35 foot; 'HENCE South 87 degrees.31 minute. 50 seconds East with said south line proposed for Highway 114. 25.19 feet to the confer of sold Bluebonnet Dive: THENCE South 0 degrees. 18 minutes. 15 seconds West with said center of Bluebonnet Drive. 590.34 C.Ebet: NCE South 89 degrees. 48 minutes.50 seconds West.25.88 feet to the PLACE OF BEGINNING, and containing 15.123 square feet(0.3472 acre). Bluebonnet Road Partners.Ifd,.Parcel DESCRIPTION OF PROPERTY SURVEYED ;trJATED in the City of Southiake. Tarrant County. Texas. and being a tract of land `s1 the SAMUEL FREEMAN SURVEY. Absfoct No. 525. and being a portion of that certain public roadway known as 34uecorret Give(former County Rood Project No.3119).and said portion being mare fully descnbed a follows: BEGINNING at a TxDOT concrete monument at the point of intersection of the west 5r:e of Bluebonnet Clive with the northerly ine of Stag F.M.Highway 1709(130 foot wide right-of-way): .said point being the southeast carrion THENCE North I degrees.09 minutes.20 seconds East with said west line of 6kuebonnet Drive.in that certain tract conveyed to Bluebonnet Road Partners.Ltd..by deed recorded in Volume 11942 page 578,of the Tyrant County Geed Records.239.62 feet to the point of intersection of said west lino with +he rcrih line of said Partners tract and the south line of that certain tract conveyed to Conner Lan Cy deed recorded in Vol.rre 7878.Page 2247.of said Deed Records: =ENCE North 39 degrees. 48 minutes. 50 seconds East. 25.88 feet to the center of said Bluebonnet Give: THENCE South 0 decrees.39 minutes. 10 seconds West with said center of Bluebonnet Drive.249.22 feet to a point in sold northerly ire of F.M. 1709: 'HENCE North 70 degrees.47 minutes. 10 seconds West with said northerly Gne of F.M. 1709. 29.53 feet to the PLACE OF BEGINNING.and containing 6588 square feet(0.1512 acre). cThis deauiot/on compiled to desutbe parceb shown on the accorncansinp vxhrbi►may. - h._ _, ,.!',,,,i7,,s-:- __ 7C-6 111 ' :":CT' . 3erry Cur::3 »53.:ctatss. :rc. PIG PC. : 3: 3r4 d_781. Pc32 L Four Bear Creek Associates parcel DESCRIPTION OF PROPERTY SURVEYED SITUATED :n the City of Southlake. Tyrant County. Texas. and being a tract of land in the SAMUEL FREEMAN SURVEY. Abstract No. 525. and being a portion of that certain public roadway known as Bluebonnet Drive(former County Rood Project No.3119),and said portion being more fully described as fellows: BEGINNING at a TxDOT concrete monument found in place for the most southerty corner of that certain tact convoyed to the State of Texas for State Highway 114 by deed recorded in Volume 12854.Page 245 of the Tyrant County Deed Records in the east line of said Bluebonnet Dive and the west Ire of that certain troct conveyed to Four Bear Qeek Associates by deed recorded in volume 3133.Page 1655.of the Tyrant County Deed Records: THENCE South 0 deg es. 15 minutes.45 seconds West with said east line of Bluebonnet Drive and west Sne of Four Bear Creek Associates tact. 424.75 feet to the southwest corner of said Four Bear Creek tact and the northwest corner of that certain tract conveyed to CavalTino Properties by deed recorded'n Volume 12123.Page 218.of said Deed Records.from which point a 3/8'ton rod found in place boas North 86 degrees West, 1.8 feet THENCE Malts 89 degrees. 41 minutes. 45 seconds West. 25.59 feet to the center of said Bluebonnet Drive: THENCE North 0 degrees. 18 minutes. 15 seconds East with said center of Bluebonnet Drive,590.34 feet too point In the south Sne of State Highway 114; THENCE South 87 degrees.01 minute. 50 seconds East with sold south Rine of State Highway 114.25.19 feet to a point in the west fine of said State of Texas tact; THENCE South 0 degrees.01 minute. 50 seconds East with said west line of State of Texas tract, 19.57 feet to the PLACE Of BEGINNING.and contcinIng 11.309 square feet(0.2596 acre). (11111110.' Cavallino Properties.Ltd..carte( DESCRIPTIQN OF PROPERTY SURVEYED SITUATED In the City of Southlake. Taront County. Texas. and being a tract of land in the SAMUEL FREEMAN SURVEY. Abstract No. 525. and oeing a portion of that certain public roadway known as Bluebonnet Drive(former County Rood Project No.3119),and said portion being more fully described cs follows: BEGINNING at the southwest corner of that certain tract of land conveyed to Cavaalno Properties. Ltd.. by deed recorded in Volume 12123.Page 218.of the Tarrant County Deed Records.at the point of intersection of the east line of said Bluebonnet Rive with the northerly One of State F.M. Highway 1709 (130 foot wide right-of-way at this point), from which point a displaced TxOOT concrete monument boors North 85 decrees.06 minutes West.2.79 feet; THENCE North 70 degrees.47 minutes. 10 seconds West(base bearing) with said northerly line of F.M. 1709 2932 feet to the center of said Bluebonnet 17rtve: THENCE North 0 degrees.39 minutes. 10 seconds East with said center of Bluebonnet Drive.249.22 feet vend continuing with sold center.North 0 degrees. 18 minutes. 15 seconds East. 144.86 feet; THENCE South 89 degrees, 41 minutes. 45 seconds East. 25.59 feet to the northwest corner of sold Cavalbro Properties tact and the southwest corner of that certain tract conveyed to Four Bear Qeek Associates by deed recorded in Volume 8733. Pogo 1655. of said Deed Records in said east line of Bluebonnet Drive. from which point a 3/8' ion rod found in place bears North 86 degrees West. 1.8 feet; THENCE South 0 degrees. 11 minutes. 10 seconds West with said east tine of Bluebonnet Dive and the west Inc of said Cavcifno Properties tact. 403.64 feet to the PLACE OF BEGINNING. and containing 10.564 square feet(02425 acre). This desolation con-oiled to describe cartels shown_2n ttsoornOanyinct exhibit moo. bc----_-- 47C 7 .,��111f 314 !, I ii I ;i I ,. ••\ i 8 I tu, 51 i . .i. i :,:, • -.4 •.) .,, _ _ -, -1 ; -_. 5 - - a' ?;i : .4 - 1 3 0.,,.... *.... ° -.0 ,•e_? ; _ ; 1.1.1 0 . ."a; .4 lli . I • . , _ , • . --.,' 7! ct o t,,, ,,... ; 5 , . ,i 4 , ; - • 7 m1.1 t! g 1 co .-. it rg 5i al I:i • . 14 Z 3 E -. i...- • I i'° : ;1 kJ 0 /1 *0 I..)f,2 1 s-7_, ;11 .. 1 • - :, •,.. • Ain .• i- •'7 1..,..T. :14 : ii: e„-._•2 ii lig •,•--` - .1.1 -I! 1 5-4 !' , • • An x . - .c d-.7'";g °fl . AlIi _-_) ;5 1"=1 -0 qt I'Ll r ;id " "" • .. 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Al ' li illiifliii ii 11 130 ilii;311i.,.1,:!,,.'- 2 7C-9 :5-,/h QUITCLAIM DEED LSTATE OF TEXAS § § KNOWN ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § For and in consideration of the sum of Ten Dollars (510.00)and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,the City of Southlake,("Grantor"),does hereby bargain sell, release,vacate,and abandon and forever quitclaim unto : Four Bear Creek Associates ("Grantee"), and any and all of its heirs, legal representatives or assigns, all of Grantor's right, title and interest in and to the property described on Exhibit "A" and shown on Exhibit 'Be, attached hereto and incorporated herein for all purposes. TO HAVE AND TO HOLD all Grantor's right,title and interest in and to the above described property unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs,legal representatives or assigns shall have,claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. EXECUTED this the Day of , 1998. CITY OF SOUTHLAKE, TEXAS C MAYOR ATTEST: CITY SECR$TARY _ PAGE 4 ORDINANCE ABANDONING AND VACATING BlU BONNET DRIVE .r.ueanarsooftiv eoRonwwaa,.00rneay.vianrtaoim.wwa C 7C-10 EXHIBIT "A" Four gear Creek Associates parcel DESCRIPTION OF PROPERTY SURVEYED SITUATED In the City of Southicke. Torrent County. Texas. and being a tract of land in the SAMUEL FREEMAN SURVEY. Abstract No. 525. and being a portion of that certain public roadway known as Bluebonnet Drive(former County Road Project No.3119),and said portion being more fully described as follows: BEGINNING at a TxDOT concrete monument found in place for the most southerly corner of that certain tract conveyed to the State of Texas for State Highway 114 by deed recorded in Volume 12854.Page 245 of the Tcrrant County Deed Records in the east fine of said Bluebonnet Dive and the west ine of that certoln tract conveyed to Four Bear Creek Associates by deed recorded In volume 8133.Page 1655.of the Tarrant County Deed Records: THENCE South 0 degrees. 15 minutes.45 seconds West with said east line of Bluebonnet Dive and west fine of Four Bear Creek Associates tract. 424.7S feet to the southwest corner of said Fax Bear Creek tract and the northwest corner of that certain tract conveyed to Cavalfrto Properties by deed recorded in Volume 12123.Page 218.of said Deed Records.from which point a 3/8"ton rod found in place bears North 86 decrees West. 1.8 feet: THENCE North 89 decrees. 41 minutes. 45 seconds West. 25.59 feet to the center of soid Bluebonnet Dive: THENCE North 0 degrees. 18 minutes. 15 seconds East with said center of Bluebonnet Drive,590.34 feet to a point in the south Tine of State Highway 114; THENCE South 87 degrees.01 minute. 50 seconds East with said south line of State Highway 114.25.19 feet to a point in the west fine of said State of Texas tract; THENCE South 0 degrees.01 minute. 50 seconds East with said west line of State of Texas tract, 19.57 feet to the PUCE Of BEGINNING,and containing 1 1,309 square feet(0.2596 acre). 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T34i:'': ; 1 0::j OA sl,i ';' ,.ts:i 72$4, t,, ! '1! 'zi, 7: li;!; .!;11=. :1°1.°: 1 " 111 tl li li II ili0 ii:;i 41111f2 - 1 1;Ii`; ' s4l; i!?-1 It ilii hi! Ilfi iiI.A1? 2;!1;!! .-.'1 ;11i 110 24 - idi);A 4.61,!il 3•1:: !1':31;.21;li'. il Iii1/12: I;; lill i:H il 7C-13 --. QUITCLAIM DEED L. STATE OF TEXAS § § KNOWN ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § For and in consideration of the sum of Ten Dollars ($10.00)and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the City of Southlake,("Grantor"),does hereby bargain sell,release,vacate,and abandon and forever quitclaim unto : Cavallino Properties, Ltd. ("Grantee"), and any and all of its heirs, legal representatives or assigns, all of Grantor's right, title and interest in and to the property described on Exhibit "A" and shown on Exhibit "B", attached hereto and incorporated herein for all purposes. TO HAVE AND TO HOLD all Grantor's right, title and interest in and to the above described property unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs,legal representatives or assigns shall have,claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. EXECUTED this the Day of , 1998. CITY OF SOUTHLAKE, TEXAS C MAYOR ATTEST: CITY SECRETARY ORDINANCE ABANDONING AND VACATING BLUEBONNET DRIVE J PAGE 5 M tuERMtrsw�s�oxpwwc.ew.o«+mea•.vaowp.oiec..va C 7C-14 EXHIBIT "A" walling,Properties.Ltd.. parcel DESCRIPTION OF PROPERTY SURVEYED SITUATED In the City of Scuthlake. Tarrant County. Texas. and being a tract of lord In the SAMUEL FREEMAN SURVEY. Abstract No. 525. and being a patron of that certain public roadway known as Bluebonnet Drive(former County Road Project No.3119),and said portion being more fully described cs follows: BEGINNING at the southwest corner of that certain tract of land conveyed to Cavailino Properties. Ltd.. by deed recorded In Volume 12123.Page 218.of the Tarrant County Deed Records.at the point of intersection of the east line of said Bluebonnet Drive with the northerly line of State F. M. Highway 1709 (130 foot wide right-of-way at the point), from which point a displaced TxDOT conuete monument bears North 85 degrees.08 minutes West.2.79 feet: THENCE North 70 degrees.47 minutes. 10 seconds West (base bearing) with said northerly line of F.M. 1709 2952 feet to the center of said Bluebonnet Crtve: THENCE North 0 degrees.39 minutes. 10 seconds East with said center of Bluebonnet Drive.249.22 feet and continuing with sold center.North 0 degrees. 18 minutes. 15 seconds East. 144.86 feet; THENCE South 89 degrees, 41 minutes. 45 seconds East. 25.59 feet to the northwest corner of said Cavol6no Properties tract and the southwest corner of that certain tract conveyed to Four Bear Creek Associates by deed recorded in Volume 8733. Page 1655. of sold Deed Records in said east line of Bluebonnet dive. from which point a 3/8" ion rod found in peace bears North 86 degrees West. 1.8 feet; THENCE South 0 degrees. 1 1 minutes. 10 seconds West with said east tine of Bluebonnet Drive and the west line of said Cavallno Properties tract. 403.64 feet to the PLACE OF BEGINNING. and containing 10.564 square feet(0.2425 ace). C 7C-15 -. ...... .. -.I iti -4 't -• 5 I i''' I! i I il 1--,.g 5 . .. 3 UJ••• .3.1 ,,,-b 'i t •• ; ; i: li i• , • -: ": J.';'•.' 1 71 i ,-, ,• - . l&J 0 .., 4.. . , 3 11 3' 3 ' 3 t • - 4 ''.1 '3 fl" ?,1,a . . II! . . • 02- • 11 ,1', 14111 ... - • A ' '"''.:,- • - - .: , ,' •e,t i - 14 Z D ,••5"1-* I" C” u • ; Le, . q •:, =' ;2 !1 1 ?:AL, • ,t ,JI- * a i- ••••1 7, 3 : „,/ c-1 -`A - - ' • . • i , : 1 i I , ii•I -..A. 3 !i C'....3 1331 11§Z,- ''' ; 4 lit •• = •,: • : • . ;7 , -'' 4 1 '1 i 1.! . 2 i'l li'; iii 03 ). ,r1 to.2"•C .'4 *1 ;/ Ili i : 3.3. 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I.; il 1111 211 ii;Iiii 0, 7.111; v!;gi .1i, -;i: ;g1;1]-2i !',3 l'gil ;;; .il 110 ili ' :"; '4'' ' ;?!' --1.1i • .,,2 il . 7C-17 SEP-04-199RS 16:79 LAW FIRM 917 332 4740 P.12/15 LQUITCLAIM DEED STATE OF TEXAS § § KNOWN ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § For and in consideration of the sum of Ten Dollars ($10.00)and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,the City of Southlake,("Grantor"),does hereby bargain sell, release,vacate,and abandon and forever quitclaim unto Conner Lam ("Grantee"), and any and all of his heirs, legal representatives or assigns, all of Grantor's right, title and interest in and to the property described on Exhibit 'A" and shown on Exhibit "B", attached hereto and incorporated herein for all purposes. TO HAVE AND TO HOLD all Grantor's right, title and interest in and to the above described property unto the said Grantee, his heirs and assigns forever, so that neither Grantor nor its heirs,legal representatives or assigns shall have,claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. EXECUTED this the _ Day of , 1998. (.... CITY OF SOUTHLAKE, TEXAS MAYOR ATTEST: CITY SECRETARY - PAGE 8 ORDINANCE ABANDONING AND VACATING B U ONNET DRIVE r ,,,UeprRrSa,mwuc 7C-18 EXHIBIT "A" Conner Lam parcel DESCRIPTION OF PROPERTY SURVEYED SITUATED in the City of Southlake. Tarrant County. Texas. and being a tact of land in the SAMUEL FREEMAN SURVEY. Abstract No. 525, and being a portion of that certain public roadway known as Bluebonnet Drive(former County Road Project No.3119).and said portion being more fully descnbed as follows: BEGINNING at the point of intersection of the south ;no of that certain *act of land conveyed to Conner Lam by deed recorded In Volume 7878. Page 2247,of the Tarrant County Deed Records,and the north line of that certain koct conveyed to Bluebonnet Road Partners. Ltd.. by deed recorded in Volume 11942.Page 579.of said Deed Records,with the west fine of said Bluebonnet Drive.from which point of beginning a TxDOT concrete monument at the point of intersection of said west line of Bluebonnet Drive with the northerly line of State F.M.Highway 1709 bears South 1 degree.09 minutes. 20 seconds West.239.62 feet THENCE North 0 degrees.21 minutes.25 seconds East with said west fine of Bluebonnet Drive. in said Conner Lam tract. continuing in a second tract conveyed to said Conner Lam by deed In Volume 3024.poge 291.of said Deed Records.in all 453.37 feet to the most easterly southeast corner of a third Conner Lam tract.as conveyed by the State of Texas by deed recorded in Volume 12224. Page 590. of said Deed Records in a northwesterly line of said second Conner Lam tract THENCE North 0 degrees. 25 minutes. 45 seconds East continuing with said west lire of Bluebonnet Drive cnd with the east line of said Chid Conner Lam tact. 138.19 feet to the northeast corner of said It id Lam kart in the south Sr. of that certain portion of Bluebonnet Drive retained for proposed Improvements for State Highway 114 iron, which point o p'k nail found in place bears North 82 degrees west.0.35 foot; THENCE South 87 degrees.01 minute. 50 seconds East with said south Brie proposed for Highway 114, 25.19 feet to the center of sad Bluebonnet D ve: THENCE South 0 degrees. 18 minutes. 15 seconds West with sold center of Bluebonnet Drive. 590.34 feet THENCE South 89 degrees. 48 minutes. 50 seconds West. 25.88 feet to the PLACE OF BEGINNING, and containing 15.123 square feet(0.3472 acre). C 7C-19 C EXHIBIT "A" Bluebonnet Road Partners.Ltd., parcel DESCRIPTION OF PROPERTY SURVEYED SITUATED in the City of Sovthlake. Tarrant County. Texas. and being a tract of land In the SAMUEL FREEMAN SURVEY. Abstract No. 525. and b.ing.a portion of that certain public roadway known as Bluebonnet Drive(former County Rood Project No.3119),and said portion being more fully described as tdbws: BEGINNING at a TxDOT concrete monument al the point of intersection of the west line of Bluebonnet Drive with the northerly Fine of State F.M Highway 1709(130 foot wide right-of-way): .said point being the southeast connor: THENCE North 1 degrees.09 minutes. 20 seconds East with said west line of Bluebonnet Drive. in that certain tract conveyed to Bluebonnet Road Partners.Ltd..by deed recorded in Volume 11942 page 578,of the Tarrant County Deed Records.239.62 feet to the point of intersection of said west ins with the north line of said Partners tract and the south One of that certain tract conveyed to Corner lam by deed recorded in Volume 7878.Page 2247.of said Deed Records: THENCE North 89 degrees. 48 minutes. 50 seconds East. 25.88 feet to the center of said Bluebonnet Drive: THENCE South 0 degrees.39 minutes. 10 seconds West with said center of Bluebonnet drive.249.22 feet to a point fn sold northerly Sre of F.M 1709: THENCE North 70 degrees.47 minutes. 10 seconds West with said northerly tine of F.M. 1709. 29.53 feet to the PLACE OF BEGINNING.and containing 6588 squar.feet(0.1512 aae). 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(FM 1709) AND S . H. 114 . APPLICANT OTHERS IF APPLICABLE NAME: *Sc= aTTACH=D I IST* ADDRESS: PHONE: - I hereby request that the City of Southlake abandon the R.O.W. referenced hprovidz:: understand and agree to comply with the Standard Procedure for R.O.W. abandonment by the City. / Date: r fio Signed: ��/ �i�� jp/ 331J�8-/ 99 ADJACENT PROPERTY OWNERS O : **,�, ,�;�;�;;�;�;�* �x..< G**** A. CURT OR ALL *********** c****** *** For City Use Only: I hereby acknowledge receipt of the R.O.W. abandonment fee of S150.00 on this the jj__ day of -v L , 19 Date: •7 4'_ f c **************,***** **** `K**1,1ct*,e,i1 eY'!e ktrts it*...s..: r.ye-...erctt**+::..'!e*ac .**.::Y:e<-., The following must accompany this application in order to be accepted for consideration. Not Provided Applicable ./ Application fee of $150.00 Completed Application �o� pe yOwners Adjacent nt to the Name, Address and Phone of aii Property .1� Abandonment Request _/. Legal Description of the Area to be Abandoned Graphic Exhibit Showing Area.to be Abandoned with Metes and Bounds Shown - -•--- • Legal Description and Graphic Exhibits for any Divisions Proposed for Acquisition by Separate Owners.. C ./ Approval Signatures From An Utility Companies Legal Descriptions and Graphic Exhibits for any Easements to be Retained Approval Signatures of all Property Owners Adjacent to the Area to be Abandoned 7C-24 C•\w?FZFORMYAPPS RCW4 3ANssin __ to;a- _3:04 121 y 817 334 0381 --L--- .. C4.4.Kric ASSOC: EtTS, 7/VC_ • - c.M libit A PPR�`'aLs _... LITILI CY companies, rt.lve utility .Srt,ratives of the res:�� nuth�tizca reps_ n ;.r ra o as c!;;sct�bcd on :he Wt. the undersigned,nbj objection ditty - ex res9 i1n �>,Jeetiun to the nnanct�c��tnt o P L:reby tached exhibits. . _._.. —" Tri.County Electric Cunperativc, Inc. Texsut (;tiiitis9 Electric Signed: Signed:Printed Name: Printed Name Tine: Title: _ Dale: . Date' _GTE Lane Star Gas Ccmlpany Sign Cent , ins. Shed: Signed: Printed Name: ._ Printed ti'ime:DAV/ Title. �1 DFeZl6F-- Title: , Dare: G/rr9 Date: _ Barton Cablcvision of Texas Sammons Communications, Inc. Signed: Sired: L printed Name: Printed Name: rifle: Title: pate' Date: - I 1l 7C-25 I 1 ,1, . l';Il Z F c c l _ , + : I V 0 iif�� nra e 4 •_� iiii EI #' ! I /3 vr Y „S di a 2Ma ll;f 1�71 j :' J S Z Z Y < O a S775< 4 • 7 j j i e l :, O�t+2 V t. S Y 1 ii! 1 _: ! 141 ) N 4- O p}�G � 1'• :: j:• t u�i�i m O A( e,.a 5 v:Y L.- 2s3 1 ii _ i'' S I- Fal "- .... z £S-,&x ,-I :1 11,?:: , igll 2:i' i ;:1 ' d7f t itl g••lE: 2� ,, 4 I ; ;1 a •fl 12 d -:iti 2 l i�' 2;! is 1 i l'tE , s ;f3;il]1�! .o " 14 1 ' 1100 1 is ! I I! 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E l 1.734e1} : f ioal: , "' :52 1S .1,a. e12 31 a s ]fit :'+ :71s,i 'v�]S :}E iE ;i 111-.d ;'.{ 's 3? ,,I,illiiii';d? i13l 3i 33a .,_ --- 8::_!] ia!} 1 : 7C-26 • . . • - . .. , ... _ '''''::•1 : ,...:-----1 Post-ft' Pax Moto .._7 _ _. 7571 10.1(3 7.,$..../14..,fr?:,;,i::.,,I* / (111.' 1777 /74/4-. /1*/ i..•!Cimed6., d„ , 1- • '''' '-'"'ixieexal:65e.e/ P•••:.* ---- ---••• 2 I--••••---- - __ ___--_",I!I,-.",f.,,.• /73y -!' ft Plk.71 I Cie,-r VI I ,.._.... ...-.......--- ------ . . . . LC triu..rri csOill. ts.??7-0V ALS . W$, Ito uridettgrut, 40 sl,a ). svouxita rzw,i,, ,iy 5.r .,-1,t. 7-z.-4.4-c.;-...,-1 ......-: •:.; .:::1;s:.:1-,..:...=!, ., .4,04 LS delt:Ctt'd .:':... 1...0 kietby incoli tle **Lion to Ow 04446nisto gaLigla-,- ---74-_ ._,_. . wuchttl utibiu. •,'•••• 1+;1.• Tri4rfiti Liao* C wiehnt.i.6, I pc. r 1'v PekAlPi x : cfraLlizulr4, rtirad N LOC / 1r D. A v A•1 a 4-e-1-I ' -.) 05-e rh; Di i.: '' .--rffice• ;1 ••— 4, (....„ . ,.. • . . • . ,. . ,,,... . .,,, 04,.. ...., the. Los a arAr 0111 Cialn 11 ,2 ; 1 ,/ / ' ) % , ;os —)6. 1 iglat .7 I: 1.1111; wip.dsr-----""""---...- / -7 ... PfiAlid>tileic• ..-mora 1 11 .1. ...g1-77/ -) fi,?f, 1... 'mkt----------------- Zi . ,7 A':' 0.•• • - :7;:*;: Ple.1 iminomor, Im."•---• • r Aadviosa Czat=sw,"rit,"", , / ''• •-•-7 7 i 114-r CA114'4144Pa Id .-- . 0 rrior4N : ,k)f......1L07. ...; 1141: ...***------- • Vat: .-... .,/•-"°.w7L;7‘-it31.6-E/' . ... ilt. / ;i*; OW..-...• rA7:1 . 71.rIP 4(-- .4 / 1 . . .: .--•. : I) 741/// ,5 , (' • _‘, i i--C1(/ ce_ ,./.14, ,/ • o -IP -- Aizi-7 . .01-1:„..!L,..... . C 1'61\ oei f ...I.Ar" VOrg.. .-4. .' ..44.6a.i..._.--A\ '71.11\ ?CiV‘t4 411101, • -AI \I* a! 4• p‘,—;:rd I it p ---' ....-s- ' ..%.1.0 ---••••-". - ----"... -----_--, --- ..- - -•-•- 7C-27 .. . . OWNERS BLUEBONNET ROAD PARTNERS, LTD. RICHARD E. LEBLANC(CONTACT FOR ALL OWNERS) 8255 DOUGLAS, SUITE 805 DALLAS, TX 75225 214/373-1892, EXT. 223 FAX 214/368-7985 CAV,ALLINO PROPERTIES, LTD. W. R. MITCHEL L 4511 LAKESIDE DRIVE COLLEYVILLE, TX 76034 FOUR- BEAR CREEK ASSOCIATES, A TEXAS JOINT VENTURE DON L. SIRATT, A VENTURER 6050 CAMP BOWIE BLVD. FORT WORTH, TX 76116- CONNER LAM 1017 WILLIAM TATE AVENUE P 0 BOX 488 Le GRAPEVINE, TX 76051 (re 7C-28 City of Southlake, Texas MEMORANDUM September 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 711, 2"d reading, Abandoning portions of South Kimball Avenue between Crooked Lane and the existing portion of South Kimball Avenue in Heritage Industrial Park Background Ordinance No. 711 provides for the abandonment of portions of South Kimball Avenue to allow for the proposed new alignment. This new alignment is for the extension of S. Kimball through the Green Meadow area to the existing portion of S. Kimball Ave. in Heritage Industrial Park. The attached exhibits represent the existing alignment as well as the proposed new alignment and proposed areas of abandonment. The easements for the new right-of-way are being completed and the developer, Genesis Capital, has agreed to the dedication. The developer hopes to have the Continental portion and the southernmost S. Kimball portion constructed by the end of the year. This ROW will also be utilized for the extension of water lines to create a looped system for that portion of the City. Please note Section 5 of the ordinance, which states this proposed abandonment will not be effective until the dedication of the new ROW is complete. Recommendation Staff recommends Council approve Ordinance No. 711, 2"d reading, abandoning portions of S. Kimball Ave as described within the ordinance. Please place this item on the September 15, 1998 Regular City Council Agenda for City Council review and consideration. BW/cre Attachment: Ordinance No. 711 Exhibits Al, A2, A3, A4 7D-1 • C' ORDINANCE NO. 711 AN ORDINANCE VACATING AND ABANDONING RIGHT-OF-WAY ON SOUTH KIMBALL AVENUE, IN THE CITY OF SOUTHLAKE. TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; RETAINING A FIFTEEN-FOOT UTILITY EASEMENT ON THE SOUTHERN PORTION OF THE PARCEL; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID RIGHT-OF-WAY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Southlake 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 Local Government Code; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that right-of-way on South Kimball Avenue in the City of Southlake, hereinafter more specifically described, is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding benefit, and the public would be better served and benefited by its vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the City desires to execute quitclaim deeds releasing. all title, ownership and control in said right-of-way to the owners of the abutting property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: C 7D-2 C SECTION 1 The following right-of-way on South Kimball Avenue is hereby vacated and abandoned as public property: South Kimball Avenue located in the City of Southlake said right-of-way being depicted and described as South Kimball Avenue on Exhibits Al, A2. A3. and A4 and attached here:o. The right-of-way is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefited by its vacation and abandonment. The right-of-way so vacated and abandoned shall revert in fee simple to the owners of the abutting properties. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute one or more quitclaim deeds releasing all claims to title, ownership, or control of the right-of-way on behalf of the City of Southlake, Texas. SECTION 3 A copy of said quitclaim deeds shall be presented for filing with the County Clerk of Tarrant County. Texas. by the office of the City Secretary. SECTION 4 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 judgement 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. C 7D-3 • SECTION 5 This ordinance shall be in full force and effect upon dedication of right-of-way for the new alignment of South Kimball Avenue and East Continental Boulevard, as depicted in the attachments. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1998. CITY OF SOUTHLAKE, TEXAS MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1998. CITY OF SOUTHLAKE, TEXAS MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY C 7D-4 L Date: Adopted: Effective: 7-Ward'la ON1n.ccskOry-1[Orel C C 7D-5 . Sod ZI i 4]2 MO •t)I TEO e,.a...CM..e.we.. (.... I zi > . �-_ n > II tg '` - - -- -- -- ____ j S. K/LBAL. AVENUE o t--, if _ _ co p N 13 7 n I I l n I Gin am cn w ' I paZ H � 00 — I Zf i t I n �..na._ra noo_ra • I rY. �..Io.o I 130Z q^ .. \. >11- -:.:---- Z Sc • / '''''N C., ..,... �� 1 . m 0,.. / I 0' //� OnA r 1,,... .... 'I:// -••• T CD crt f u N ro.,.g r Nipp z, —1 0°1 �, elN q :•Q 1 / N • O G �� r I Zf so...•30•• — — — — —— — — ss..s. C C b rm x _ CO�Qa s r- r G • 2 c ni 9 % \ b • I j 12 p L P® \ . _ el \ at L 4.. a...,• .... 0.,t 1.1 1 5- ... ii: 4. 6 m F+p C o "' o tii v,N :BEN oi=w c) 7D_6 a8> 8 U rn V1 Being a 0.773 acre tract of land in the C.B. McDonald Survey,Abstract No. 1013,City of Southlake,Tarrant County,Texas,and being a portion of Tract 3 of the Green Meadow Subdivision and being more particularly described as follows: BEGINNING at a 1/4" iron pin found,said point being the southeast corner of said Tract 3 of the Green Meadow Subdivision; THENCE N 44°51'00" W, for a distance of 507.13 feet to a point for a corner,said point being the beginning of a curve to the right having a radius of 1,175.00 feet and a chord bearing of N 39°31'43" W; THENCE continuing along said curie, for a distance of 218.20 feet to a point for a corner; THENCE S 65'35'35" W,for a distance of 151.41 feet to a point for a corner,said point being the beginning of a curie to the right having a radius of 790.00 feet and a chord bearing of S 70° 10'23" W; THENCE continuing along said curie, for a distance of 126.34 feet to a point for a corner. said point being in a curie to the left having a radius of 680.30 feet and a chord bearing of N 58°50'37" E; THENCE continuing along said curve, for a distance of 315.71 feet to a point for a corner, said point being in a curve to the left having a radius of 1,133.00 feet and a chord bearing of S 38°42' 18" E; THENCE continuing along said curve, for a distance of 243.01 feet to a point for a corner; THENCE S 44°51'00"E, for a distance of 472.99 feet to a point for a corner,said point being in the east property line of said Tract 3; THENCE S 00°04'00"W, for a distance of 59.49 feet to the POINT OF BEGINNING. containing 0.778 acres, more or less. G:',oa 1.23t\2J 0-t.GL5.•wp.l August 5.1995 C 7D-7 • _ • +.ac.•tle.rjo-a• i• .•L•79 wrs:.S ' 1 of C3 ti > r- <C = 1 Z - - - - - - - - > r' N ,F, 1 , - - - - -- c ,,v I o� b 0 O 0 N9 c-) n -40� 0D tn I I I ,ppZ + N a s O I 00 - - - Z£ • i ..oa-.a 1 i i I AO \ / ii ce I i ....",.................... - a �; N V W -_ 0.13 / U s wr$ �0 z. ,sr .• I / v (-Iv, i i N'''.Q c C.'8 a rn C \ x m a C�• r \ a. < 11 n^ Z 3 \ rn 1 :..• o of \ O) T la \ ▪ rr,o6 � - $ )nI _ G o.0. ? V Y0 \ L o A ^• O O 'Q HND ci 8 5 I 7D-8 • m w N Being a 0.670 acre tract of land in the C.B. McDonald Survey,Abstract No. 1013.City of Southiake,Tarrant County,Texas,and being a portion of Tract 3 of the Green Meadow Subdivision and being more particularly described as follows: COMMENCING at a 1/4" iron pin found,said point being the southeast corner of said Tract 3 of the Green Meadow Subdivision; THENCE N 00°04'00" E,along the east property line of said Tract 3. for a distance of 65.88 feet to a point,said point being the POINT OF BEGINNING; THENCE N 44°51'00" W,for a distance of 472.99 feet to a point for a corner,said point being the beginning of a curve to the right having a radius of 1,133.00 feet and a chord bearing of N 33°42' 13" W; THENCE continuing along said curve, for a distance of 243.01 feet to a point for a corner. said point being in a curve to the left,having a radius of 630.30 feet and a chord bearing of N 43°43'32" E; THENCE continuing along said curie,for a distance of 43.29 feet to a point for a corner, said point being in a curve to the left,having a radius of 1,091.00 feet and a chord bearing of S 38°26'08" E; THENCE continuing along said curve, for a distance of 244.27 feet to a point for a corner; THENCE S 44°51'00"E,for a distance of 430.87 feet to a point for a corner,said point being in the east property line of said Tract 3; THENCE S 00°04'00"W,for a distance of 59.48 feet to the POINT OF BEGINNING. containing 0.670 acres, more or less. (bre c.`.00 i-23')\2J od-c1.6.wpd August 5.199S C 7D-9 • A. .« u:=$go MISROT'CO 2 Owes Chew.. n, CO( 12 7 IT-- > O '.1 I 'I '7` -O r- — — — 11 �rI $1 ' — — S. K/MBALC AVENUE ON --I 4�-•" — — — — — — — — O .. . / i U, • Cn C/1 o n Ni• b Q " I yi: a P Z 1 Gm w0 Is.,go-'„ XQ..� i ...aM�, \ \ Gcn :... o2 �,r . ors I1:14 "R» :s m ��-»- 0 L 1 1 \ ,,,,TF=1 r.....11...,1 .o U+7J / ^:'_'"a - - - -. �. 1 - p 0 .f. ...„0]....,te CO / a o It o' // 1.'.. CI / V rii N oo CA) i /// ! ." i i 1 / - - - - i - - - - I` 1 C C 1,1 0 i o . ' \ r- • r- ' \ �' '0 \ c "1 •i3 0 r•' o P vi 0 © i a 0 \ Za m le, C O a. * 2• r 7 -. 4. Z 41 t • N Q rn goo o -. 1 o -oD - I :.•a V1 N w o O fi�r_.i•_2 LP e. 8 5 8 7D-10 ft • N Being a 0.472 acre tract of land in the C.B. McDonald Survey,Abstract No. 1013,City of Southiake,Tarrant County,Texas,and being a portion of Tract 4 of the Green Meadow Subdivision and being more particularly described as follows: COMMENCING at a 5i3" iron pin found in the south right-of-way line of East Continental Boulevard; THENCE S 39°36'00" E,along the south right-of-way of East Continental Boulevard, for a distance of 8.00 feet to a point in the east right-of-way line of South Kimball Avenue; THENCE N 00°35'00" E, for a distance of 67.00 feet to a point in the east right-of-way line of South Kimball Avenue; THENCE S 39°36'00" E. for a distance of 341.33 feet to a point,said point being the beginning of a curie to the left.having a radius of 706.00 feet and a chord bearing of N 77°59'30" E; THENCE continuing along said curve, for a distance of 305.79 feet to a point, THENCE N 65° 13'51" E,for a distance of 138.02 feet to a point in a curve to the right, having a radius of 1,175.00 feet and a chord bearing of N 29° 19' 19" W; THENCE continuing along said curve, for a distance of 44.01 feet to a point for a corner, said point being the beginning of a curve to the right,having a radius of 1,175.00 feet and a chord bearing of N 24°31'57" W,said point also being the POINT OF BEGINNING; THENCE continuing along said curve, for a distance of 152.42 feet to a point for a corner, said point being the beginning of a curve to the right,having a radius of 4,522.00 feet and a chord bearing of N 17°50' 18" W: THENCE continuing along said curve,for a distance of 470.04 feet to a point for a corner, said point being a point in a curve to the left,having a radius of 847.00 feet and a chord bearing of S 27°40'24"E; THENCE continuing along said curve,for a distance of 210.34 feet to a point for a corner, said point being a point in a curve to the left,having a radius of 4,480.00 feet and a chord bearing of S 19°08'51"E; THENCE continuing along said curie, for a distance of 261.01 feet to a point for a corner, said point being a point in a curve to the left,having a radius of 1,133.00 feet and a chord bearing of S 24° 13' 17" E; THENCE continuing along said curve, for a distance of 134.66 feet to a point for a corner, said point being a point in a curve to the right,having a radius of 586.30 feet and a chord bearing of S 45' 19' 13" W; THENCE continuing along said curve, for a distance of 43.72 feet to the POINT OF BEGINNING,containing 0.472 acres,more or less. G..OO I-230'230-LGL2.wpd August S.1998 C 7D-11 • •° 21 t125.0 1911 OI (......„ > 1 2, .... .__ , ._. G_.! C�1 G : l s,: ' �1 i s - - - - w' n Wcl LF.1 i i I 0`^ w I i Np 0 N in c C7 I ri 'l _on tn .zO Z. 1 �. ��T N7 b.-- C^ : jji _• _ wo. - _ :o• , CI •'ni-^a ---- C.in \ ....7/.....--- , _7 -'' o //Z. z I 2:1:.74:-...n--.,......-.( 471'1.7'41 1;-*7.-:-'":=8: (..... ..„- :::: 7.7 t...I ...:441-4:8 1:":.%; •7-- 1 a.:...•;..:.:" ,,, 4%....-y,„ ..,.. /.. -. I ,--1 CI / ..�o��s� '14 Np .GI CO / / / 4i t.°Vi: I^/ .1 C in AO C4 iA 'r H // / 1 N. OiYOO.. I •:1 Z . -I / / I -`N9 / _J N.00 !' / /—/ - - - - H - - _4- - C C 13 PI ^ A�4 C \ °�-c 2. r . r ` 1 \ c 1 • � Z ti 8 I,' \ a 1 \J 7 o o e,,, ID \ : • I-fl a? - $ \ Ca r• > e 1 — 1, C' 0. t v.,= 5' - O NJm 8 Z \ 111 m .0 v A5.V) � r=luC� a 8m s 7D-12 Vf C Being a 0.3 l3 acre tract of:and in the C.B. McDonald Survey, Abstract No. 1013,City of Southlake,Tarrant County.Texas,and being a portion of Tract 4 of the Green NIeado'.v Subdivision and being more particularly described as follows: COMMENCING at a 5/3" iron pin found in the south right-of-way line of East Continental Boulevard; THENCE S 39°36'00" E,along the south right-of-way of East Continental Boulevard. for a distance of 3.00 feet to a point in the east right-of-way line of South Kimball Avenue; THENCE N 00°35'00" E. for a distance of 67.00 feet to a point in the east right-of-way line of South Kimball Avenue; THENCE S 39°36'CO" E. for a cistance of 341.33 feet to a point, said point being the beginning of a curve :o the left. having a radius of 706.00 feet and a chord bearing ofN77'59' 30" E; THENCE continuing along said curve, fora distance of 305.79 feet to a point; THENCE N 65' 13'51"E,for a distance of 133.02 feet to a point,said point being the beginning of a curve to the right,having a radius of 1,175.00 feet and a chord bearing ofN 29° 19' 19" W; THENCE continuing along said curve, for a distance of 44.01 feet to a point in a curve to the left having a radius of 536.30 feet and a chord bearing of N 45' 19' 13" E; THENCE continuing along said curve, for a distance of 43.72 feet to a point for a corner, said point being in a curve to the right having a radius of 1,133 feet and a chord • bearing of N 24' 13' 17" W.said point also being the POINT OF BEGINNING: THENCE continuing along said curve, for a distance of 134.66 feet to a point,said point being the beginning ofa curve to the right having a radius of 4,480.00 feet and a chord bearing of N 19'03'51" W; THENCE continuing along said curve, for a distance of 261.01 feet to a point for a corner in a curve to the left having a radius of 347.00 feet and a chord bearing of S 33°49'22" E; THENCE continuing along said curie, for a distance of 119.31 feet to a point for a corner in a curie to the left having a radius of 4,438.00 feet and a chord bearing of S 19°51' 51" E; THENCE continuing along said curve, for a distance of 147.52 feet to a point for a corner in a curve to the left having a radius of 1,091.00 feet and a chord bearing of S 23'47' 16" E; THENCE continuing along said curve, for a distance of 113.16 feet to a point in a curve to the right having a-radius of 586.30 feet and a chord bearing of S 40°58'22" W; THENCE continuing along said curve, for a distance of 45.26 feet to the POINT OF BEGINNING,containing 0.313 acres. more or less. GAO ..rpd August S.199$ C 7D-13 s M' City of Southlake,Texas I MEMORANDUM September 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 712, 2"d reading, Street name change for Old South Carroll Avenue to Breeze Way Background Bret and Valerie Boren of 1000 South Carroll Avenue are requesting the street name of Old South Carroll Avenue be changed to Breeze Way. This is the southernmost section of South Carroll Ave. that will remain once the proposed new portion of S. Carroll Ave. is constructed. Mr. and Mrs. Boren are currently the only residents along the referenced portion of S. Carroll Ave. To the north of their property is Carroll Baptist Church, which will maintain its current S. Carroll Ave. address. Attached is Mr. and Mrs. Boren's letter requesting the street name change. Please place this item on the September 15, 1998 Regular City Council Agenda for City Council review and consideration. "/51' 0 BWicre Attachment: Street Name Change Request 1 Ordinance No. 712 D:`.Word Files\Ordinances\Ord7I2`.memolstreading.doc 7E-1 July 20. 1998 City of Southlake, Texas ATTY: Community Development Dept. RE: Street Name Change Dear Community Development Staff, We currently reside at 1000 South Carroll Avenue and are aware that our street will soon be changed to "Old South Carroll Avenue" upon completion of the new South Carroll. We find this name unappealing to our new and wonderful city and would like to request changing it to "Breeze Way." This name both sounds more appealing and is functional for this street because it is a short simple street connecting South Carroll to Continental. We will be the only residence on `Breeze Way" and feel that this most likely should not be a problem. Please review and submit an ordinance to the City Council readings for consideration, as we will be most grateful upon approval. Sincerely, / , Bret and Valorie Boren 1000 South Carroll Avenue Southlake, TX 76092 JJ, -7 C 7E-2 ORDINANCE NO. 712 AN ORDINANCE CHANGING THE NAMES OF PORTIONS OF STREETS LOCATED WITHIN THE CITY PRESENTLY KNOWN AS "OLD SOUTH CARROLL AVENUE" SOUTH OF SOUTH CARROLL AVENUE AND NORTH OF EAST CONTINENTAL AVENUE TO "BREEZE WAY", FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES. WHEREAS, a change in the name of the street located within the City of Southlake, Texas (the "City"), presently known as "Old South Carroll Avenue", located South of South Carroll Avenue and North of E. Continental Blvd., to "Breeze Way" has been requested by the City of Southlake; and WHEREAS, it is the intention of the City Council to hereby officially change the name of such streets as requested. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: Section 1. That all of the above premises are found to be true and correct and (Ihre are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. That the name of the portion of the street located within the City presently known as "Old South Carroll Avenue" south of South Carroll Avenue and north of E. Continental Blvd. as described in Exhibit "A", is hereby officially changed to "Breeze Way." Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby expressly repealed to the extent of the inconsistency or conflict. Cy' 7E-3 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1998. MAYOR ATTEST: (be CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY D:\Word Files\Ordinances\Ord712\ord712.doc 7E-4 City of Southlake,Texas Lie STAFF REPORT September 11, 1998 CASE NO: ZA 98-058 PROJECT: Site Plan/French Square Office Complex STAFF CONTACT: Dennis Killough, Senior Current Planner,481-5581, ext. 787 Attached is a letter from the applicant requesting that this item be tabled until the City Council meeting on October 6, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-058SP.TBL L • 7 F"- / J. E. LEVITT ENGINEERS, INC. Le, ENGINEERS • PLANNERS 726 COMMERCE • SUITE 104 • SOUTHLAKE, TEXAS 76092 • (817) 488-3313 September 8, 1998 Mr. Greg Last Director-Community Development City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Re: ZA 98-058 French Square Dear Mr. Last, We respectfully request that this item be table until October 6th, 1998. Your assistance in this matter is appreciated. inc -1111 .. �� 0,4 Jo Levitt, P.E. REC'0 SEP 101998 City of Southiake,Texas STAFF REPORT September 11, 1998 •CASE NO: ZA 98-083 PROJECT: Plat Showing/Lots 12. 13, and 14.O.W. Knight No. 899 Addition STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator,481-5581, ext. 743 Attached is a letter from the applicant requesting that this item be tabled until the City Council meeting on October 6, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-083PS.TBL L 0 a J. E. LEVITT ENGINEERS, INC. ENGINEERS • PLANNERS 726 COMMERCE • SUITE 104 • SOUTHLAKE, TEXAS 76092 • (817) 488-3313 J-_.I �- .- I I..`. c '98 Q Mr. Gre., Last Director-Community Development City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Re: ZA 98-059 French Square Dear Mr. Last. We respectfully reauest that this item be table until October 6th, 1998 . (we Your assistance in this matter is appreciated. Sinc ely y \ J hn Levitt, P.E. (_, (1410, _a REC'D SEP 111999 1 City of Southlake,Texas STAFF REPORT September 11, 1998 CASE NO: ZA 98-073 PROJECT: Ordinance No. 480-286/Second Reading/ Rezoning- SheltonWood 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 1 A and 1 C 1 A situated in the Joel W. Chivers Survey,Abstract No. 350, and Tract 2B1 situated in the James L. Chivers Survey, Abstract No. 348, and being approximately 24.225 acres. LOCATION: North side of East Dove Street approximately 125' east of Ridgecrest Drive. OWNERS: Charles and Elaine Bell, and John Shelton APPLICANT: Four Peaks Development, Inc. CURRENT ZONING: "AG"Agricultural District REQUESTED ZONING: "SF-1A" Single Family Residential District LAND USE CATEGORY: Low Density Residential and 65 LDN Overlay Corridor NO.NOTICES SENT: Twenty-seven (27) RESPONSES: Two (2)responses were received within the 200' notification area: • Gaylon Bailey, 465 East Dove Road, Southlake, Texas, in favor. (Received 7/16/98) • John M. Shelton, 570 East Dove Road, Southlake, Texas,in favor. (Received 7/23/98) P&Z ACTION: July 23, 1998; Approved(6-0). COUNCIL ACTION: August 4, 1998; Approved (6-0) applicant's request to table and to continue the Public Hearing to the August 18, 1998, City Council meeting. August 18, 1998; Approved(7-0) First Reading on consent. City of Southiake,Texas September 1, 1998; Approved (7-0) on consent at the applicant's request to table and to continue the Public Hearing to the September 15, 1998, City Council meeting. 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\98-073Z.WPD cue C 114 -a ' \ 4; .1\'21/1 1 Aglikii!*41i . :4„. 1,1 Thi IL I J '4 E I14r \ \�/ i ‘,040,1,00,, fir. ,___J i ,1 ' : Mil .;. -, :..,.., „ i is; wow \ i, , 1 .., , ,01111 , R .6- C111P sicri:: 1 , I_ \ , 1 impl \ I ",P II 1 L • '\ PfZil -SI\ 1 oRo 't . ' L11-1 Air,____:.W o�cs / 'H i I �� • �� 4 i i <_ I Tyr j,1 7 'INCE g _____L____ .' 1 1 F)11--°%4 , iimilmili CARROLL `-'-H • , • wt.} - • Mil , , \._____ I EJf""E / A 1 p, j E go S - - — P• T i.\ - -- i--; t\ i *wool 1 .;....1 .1,,,,4 1 ,r \„\-\\ 1 _ , , , „____, . „ \ _, ,___,,,,, - ,,,,,,., A , -. #%#4 H ' 4 iw.� � '' _ 31 � _ TRACT MAP l ,; �" 1 /��- - / 711.3 IIII I • cn ^CD 'V _ 1 of �� 1 _ : mo I I . CO o I r........'-- c O�� 66 Q I 4.4 w L414. CI) 1 (kr M. BONACCI -- w 1 • c U (f) )------------------j o r • 0 s ♦♦�^► I J� oe ~ N a► Z V } N � m p .. INo � vic: Cn� 2 i = _ .N< '� ? B. ADAMSON H o = 0 O � ~ N .... - ...-iJ. WILLIAMS w e J. GILLILAND Q - V Z -- °C c Q cn m Q a an , a w -7 r. W. BURTON 1 ¢l-- — — Q — Q I U .c O $ OU w I Q w cn Cn •' I m w 0 I I ~. z L� U C: uj C_ Q tr C \‘5: _ \1.\ \\\\\\ LI I a Z c�% 1 1- ~ -o- CCU ¢ a - \ v w w0 f- M rr < w CC r o? Q ¢ U) at w m ti NSALYER &ASSOC. NJ cn Z ^' N o 2 - — Ur in \_ ° I't r1 CC. -.... WIA£ n- . . 41i/ -. ' %t1� .a. 8 .'. -,...ccx ir 7 u) _ Lu : ,c, 1 e n =��Q. Q 2Q J �a I ccQ I ^ p - = 1 Z ¢� Yw ¢ I cc ( o Q -) ►- •- •Q Cn o 1 0 w ( c:- 7(11,/ d I sI 1-.. in< a a U ! Fir I a. a I I (hape CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-286 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 TRACTS 1 A AND 1 C 1 A SITUATED IN THE JOEL W. CHIVERS SURVEY, ABSTRACT NO. 350, AND TRACT 2B1 SITUATED IN THE JAMES L. CHIVERS SURVEY, ABSTRACT NO. 348, AND BEING APPROXIMATELY 24.225 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, 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 WHEREASORDIN , ANCES; PROVIDINGroning A SEVERAofITY CLAUSE;equested 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 a change in the classification said BIL property was r by a person or corporation having a proprietary interest in said property; and LACITYDOCS\ORD\CASES980.286 Page 1 $1 5 WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land,avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas,has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: (1.01 Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City L:\CITYDOCS\ORD\CASES\480.286 Page 2 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 1 A and 1 C 1 A situated in the Joel W. Chivers Survey,Abstract No. 350, and Tract 2B1 situated in the James L. Chivers Survey,Abstract No. 348, and being approximately 24.225 acres,and more fully and completely described in exhibit "A" from"AG"Agricultural District to "SF-1 A" Single Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified,verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance 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. L:\CIlYDOCS\ORD\CASES\480.286 Page 3 qti-4- 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,fme 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 L:\CTTYDOCS\ORDWASESM80.286 Page 4 C APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C C L:'CITYDOCS\ORD\CASES480.286 Page 5 I1 9 Cie EXHIBIT "A" PROPERTY DESCRIPTION BEING a tract or parcel of land situated in the City of Southlake, Tarrant County. Texas. and being out of the Joel W. Chivers Survey, Abstract No. 350. cnd olso being ail of that tract of Icnd conveyed to John M. Shelton and Bobbie Jecrne Shelton by deeds recorded in Volume 4400. Pages 846 and 850. Deed Records. Tarrant County. Texas; and also being a portion of that tract of land conveyed to Charles Frank Bell Jr. and Elaine Shaw Bell by deeds recorded in Volume 4558. Page 153. Deed Records, Tarrant County. Texas: and being more particularly described as follows: BEGINNING ct a 5/8 inch iron rod found for corner and being the northeast corner of Oakwood Pond, an addition to the City of Southlake. Tarrant County. Texas. as recorded in Cabinet A. Slide 2362. Plat Records. Tarrant County, Texas; THENCE North 86'57'26" East, 287.06 feet to a 1/2 inch iron rod found for corner. THENCE South 00'07'55" East. 12.26 feet to a 1/2 inch iron rod found.for corner, THENCE North 87'06'37" East. 378.63 feet to a 3 inch pipe fence post found for corner, THENCE South 01'37'54" West. 229.80 feet to a 5/8 inch iron rod found for corner, THENCE North 83'33'09" East, 356.10 feet to a 5/8 inch iron rod found for corner. THENCE South 01'03'09" West. 464.00 feet to a 1/2 inch iron rod found for corner. THENCE South 83'10'17" West. 340.92 feet to a 1/2 inch iron rod found for corner, THENCE South 01'05'20" West. 133.31' feet to a 5/8 inch iron rod set for corner; THENCE North 89'17'24" West. 175.42 feet to a 1/2 inch iron rod found for corner; THENCE South 00'42'36" West. 225.89 feet to a 1/2 inch iron rod found for corner, THENCE North 89'17'24" West. 42.00 feet to a 1/2 inch iron rod found for corner, THENCE South 04'53'46" West. 43.50 feet to a 1/2 inch iron rod found for corner, THENCE North 81'53'23" West. 193.69 feet to a 1/2 inch iron rod found for corner; THENCE North 07'16'13" East, 79.43 feet to a 1/2 inch iron rod found for corner, (hire THENCE North 81'20'31" West. 266.59 feet to a 1/2 inch iron rod found for corner. THENCE South 01'05'50" West, 333.58 feet to a 1/2 inch iron rod found for corner. THENCE North 89'27'20" West, 159.40 feet to a 1/2 inch iron rod found for corner, THENCE North 00'43'19" East. 867.05 feet to a 3 inch iron fence post found for corner; THENCE North 88'23'15" East. 163.41 feet to a 3 inch iron fence post found for corner. THENCE North CO'16'58" West. 386.10 feet to the POINT OF BEGINNING and containing some 21.473 acres of land, more or lest • (re • LACItYDOCSIORDWASES\4$0.2S6 Page 6 74-IVK City of Southlake,Texas (re STAFF REPORT September 11, 1998 CASE NO: ZA 98-074 PROJECT: Preliminary Plat SheltonWood STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat of SheltonWood on property legally described as Tracts 1 A and IC 1 A situated in the Joel W. Chivers Survey,Abstract No. 350, and Tract 2B1 situated in the James L. Chivers Survey, Abstract No. 348, and being approximately 24.225 acres. LOCATION: North side of East Dove Street approximately 125' east of Ridgecrest Drive. OWNERS: Charles and Elaine Bell and John Shelton APPLICANT: Four Peaks Development, Inc. CURRENT ZONING: "AG" Agricultural District (..„ LAND USE CATEGORY: Low Density Residential and 65 LDN Overlay Corridor NO. NOTICES SENT: Twenty-seven(27) RESPONSES: Two (2) responses were received within the 200' notification area: • Colleen Hess, 671 East Dove Road, Southlake, Texas, in favor. (Received 7/13/98) • John M. Shelton, 570 East Dove Road, Southlake, Texas, in favor. (Received 7/23/98) P&Z ACTION: July 23, 1998;Approved(6-0) subject to Revised Plat Review No. 1, dated July 20, 1998, denying the applicant's oral request for a gated entrance presented to the Commission tonight; deleting Items #la (two planned points of access)and#1b(1,000 feet cul-de-sac length); granting the flexibility of the applicant to work with the staff regarding the required R.O.W. on Item#1 d; deleting Items#4c (100' lot width), #4e (perpendicular or radial lot lines), and #4g (40' building setback); accepting the applicant's request to change the name SheltonWood Court to BellWood Court; and deleting Item#8 (driveway access to East Dove Road). C rl-T- - City of Southlake,Texas L COUNCIL ACTION: August 4, 1998; Approved(6-0)the applicant's request to table and to continue the Public Hearing to the September 1, 1998, City Council meeting. September 1, 1998; Approved (7-0) on consent at the applicant's request to table and to continue the Public Hearing to the September 15, 1998, City Council meeting. STAFF COMMENTS: The applicant has met all requirements in Revised Plat Review Summary No. 1, dated July 20, 1998, with the exception of those listed in Plat Review Summary No. 2, dated July 31, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-074PP.WPD L C ' \ •;,, 2. 13" 004 iii \\ j..(-1.? At .••. ,• — 415.; _ << Ipp,....;,„ Lat:.,,..„..co, 141,-___,cofiN ..444 ..o.;:t , , AIR: i 4 / I •14114°3-rOT r ' . Vir I No, :„. irg . . • . „golf- s TE . 16,. .. \ , �� ■�rylJ.. wel \ 1 NII: rip E.- !! ! '' 413 .._ ,Adlii s‘ .41 _.,i,,,,tro, .,. ..„„., ,, ,.\ ,..„ ,, .4, ..‘ .,... , 5101o9D oAxs .i 1 '' �►► ml M1 aTATE ��\1 . .. Atli • MOLE 4A SCHOOL • 7 ,(440slA J _ _ I -� ESTA iv- 4UD(T Pam' i 1 LNG ri- 1 PRIME u ovrII -! ,1 ,I 1 L "r1.1. IC'.N. - 11 A \ 1111111101111‘66... 411 ill Ili 0311•.,„. T-"" TRACT MAP F / r11-3 1 �1111 .n Qg. i I / , JACK a JCINSON or ' cn o �4GC ��d Q / mo o ' 1 c O� e= CO M. M. BONACCI z- w cctn V Cl)_ d — sr O N Z V NCn\,..- .1 . p .. I �o 1- vv.; Z - n . Q c11 =tv 0Z rfl LBADAMSON LL, J. WILLIAMS w J. GILLILAND Q e 0 Z VJ7.._....,„ N _ CC m WIn ! a Q ~cr Dr:~ 0 = Q w V W. BURTON ael _ � ram' Q U } 1 i cr1^ p II I ONW W rss ' V1 f ocW Xo Is «• O tocn we it, vi F 4 U a. o 1 cA ►- ' ram- I 3 Wo Z ' O U) c+ Z J. ", '_' © � 0 = c Y P Ar / O / 6, ,�. Q F LU CC -Q a •\T\ . } 2 r' v T J Q _ tC 44 — LL < a N a SALYER 8 ASSOC. m U5 \ . 40 , Z in" K„ ' . 7 AZW V\ OM • .,,,, t (el x---N cr. ‘ I ' Oi=7Q r' Q �v x< L �Z cn .� Y L . ¢-. cn.....ti cc' CJ) - o I O = _)Q cc W r- �, se'I I 21 cr J dra CO • Tin rZ_ '� el F-m Q �1 : City of Southlake,Texas PLAT REVIEW SUMMARY ase No: ZA 98-074 Review No: TWO Date of Review: 7/31/98 Project Name: Preliminary Plat - SheltonWood. being 24.225 acres out of the Joel W. Chivers Survey, Abstract No. 350 and James L. Chivers Survey.Abstract No. 348 APPLICANT: SURVEYOR: Four Peaks Development Area Surveying P.O. Box 92909 102 W. Trammel Street Southlake.Texas 76092 Fort Worth.Texas 76140 Phone: (817)329-6996 Phone:,(817)293 - 5684 Fax: 0 Fax: '(817)293 - 5685 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/28/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT.862. 1. The following changes are needed regarding right-of-way dedications and interior street geometry: a. Provide two planned points of access(Ordinance 483-G,Section 5.01-C).NOTE:A street stub would require crossing the creek through heavy tree cover(north&west)or creating a stub into already developed-properties(east). (P&Z Action 7/21/98: Delete)- 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 (Ordinance 483-G, Section 5.01-I). SheltonWood Lane is in excess of 1,600 feet in length and has 17 residential lots proposed along the cul-de-sac. (P&Z Action 7/21/98:Delete) c. Show and dimension the right-of-way dedication for E.Dove Road(94'arterial)in accordance with the current Master Thoroughfare Plan and any modifications required by public works staff to accommodate the existing overhead transmission lines. Dimensions must either be from center line of apparent existing right-of-way or full width from across right-of-way if opposite side has dedicated their half. (P&Z Action 7/21/98: Approve right-of-way requirement with additional stipulation that staff and applicant will work together on the exact alignment due to the existing large overheard transmission lines in the area.) d. Delete the graphic representation of pavement. *All residential streets shall have 31'back-to- back pavement width. SheltonWood Court shows 29'. 2. Confirm that any-existing structures are adequately off-set per zoning district setback regulations from the proposed lot lines. Provide a separate survey or dimensioned exhibit showing the location of the structures on Lot 18.The east structure appears to be less than 40' from the rear property line. s,AcaDMVP-riLaAnsn98\98074rr2.10 ri_ -S Page 1 I City of Southlake,Texas 3. The following changes are needed regarding the proposed lotting: • a. Provide the minimum 100' lot width at the minimum required front building line. Lot 2 proposes a 145' building line and Lot 8 proposes a 50' building line. (P&Z Action 7/21/98: Delete.) b. The following lots do not appear to meet the requirement for perpendicular or radial lot lines: The common areas and Lots 16, 15, 14, 10, 7, 6, 5, and 2. (P&ZAction 7/21/98: Delete.) c. A 40'building setback line is required on both street frontages for a corner lot. The minimum required side yard in SF-1 A is 20'.The applicant has requested a 20'reduction(20'B.L.)along proposed SheltonWood Court for Lot 9. (P&ZAction 7/21/98:Delete the 40'building setback requirement and accept setback as shown.) 4. Provide easements for water, sewer and/or drainage as required by Public Works. 5. Show the ultimate 100-year floodplain limits and ultimate condition 100-year floodway. Designate the area inundated by the ultimate 100-year floodway as a drainage easement. 6. No lot within this addition shall be allowed driveway access onto E. Dove Road. (P&Z Action 7/21/98: Delete requirement for prohibiting driveways as there is an existing driveway for Lot 18.) A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. 8. The following changes are needed regarding adjacent property information: a. Verify if the existing T.P. &L. Easement along Dove Road is U.E. or T.P.& L Esmt., only. b. Provide filing information for 40' drainage easements shown within Oakwood Pond. c. Show and label the existing right-of-way for Ridgecrest Drive with dimensions. 9. Provide the percentage of open space area. P&Z Action: July 23, 1998: Approved(6-0) subject to Site Plan Review Summary No. 1, dated July 17, 1998, amended as noted above and with the following additional recommendations: 1)Accept the street name change from SheltonWood Court to Bell Wood Court. 2) Deny the applicant's oral request for a gated entrance. * A minimum 6' sidewalk is required to be constructed along E. Dove Road in accordance with the Sidewalk Ordinance and the Trail Master Plan(Ordinance No. 683, Section 5,06.B.2.b). L:\COMDEV\WP-TILES\REV\98\98074PP2.WPD 1 1 Page 2 • City of Southlake,Texas * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone which will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No.479 and execution of the"Avigation Easement and Release"shown in Appendix 3 of the Subdivision Ordinance No. 483 on the Final Plat and any subsequent Plats to be filed in the County Plat Records. * Denotes Informational Comment att: Tree Preservation Analysis cc: Four Peaks Development VIA FAX John Levitt VIA FAX Area Surveying VIA FAX C C, L:\COMDEV\WP-PILES\REV\98\98074PP2.NPD 9 1" 1 Page 3 d City of Southlake,Texas TREE PRESERVATION ANALYSIS (RESIDENTIAL SUBDIVISION DEVELOPMENT) Case No: ZA 98-074 Date of Review: 07 - 9 - 98 Number of Pages: 1 Project Name: Shelton Wood.570 East Dove Road (Aerial Photograph) APPLICANT: ENGINEERS/PLANNERS: Four Peaks Development, Inc. J. E. Levitt Engineers,Inc. P.O. Box 92908 726 Commerce Street, Suite 104 Southlake, TX 76092 Southlake,TX 76092 Phone: (817)329-6995' Phone: (817)488-3313 Fax: Fax: 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 creek that runs from Lot 1 to Lot 8 is about ten feet(10') deep in places and is lined with trees. Roots from the trees run across and along the bottom of the creek. if the creek is rerouted it will effect all the trees within the area of the creek and the area of the new creek. Since the rerouting of the creek is considered a reclamation of flood plain area, the removal of the trees is allowed. But the areas that trees will be removed from must be designated by cross hatching on an approved master drainage construction plan. 2. 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 specified in the Tree Preservation Ordinance 585-A. All other area shall be subject to the requirements specified in the ordinance. P��G'D JUL 0 91998 BUILDR" ACTIONS 1 ` 1- S ._ L ...._. ) . , i 1416 CI, ® �'•lf '� iifiiiiiiii iiff 1 c� z I wz P2o hio a— I. j '1 �j !9 1111111�11I 1111 ` Z a�� •t Till}emTilion =r 9 cu. 0 'Ics Egl- i gl `1 1, 1111l11 11e111y ! ;I W C.) -I Fes« f, , 111,10111 1111 1 a '►!�" m a. , m to fp 1, 11as75111 0 1 _,�1 ±s•aan saa sa• rim ;1 1r,111I11I ! 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(..,, Kits,J, ,___, iirli /1▪ + •: 1' 1., . i WILl'' IL e i- %; If-•�, ' „ s ' -` . y . .. lag i kill oNt.,, '''\, A .../X"tN\-', 1! --. 11 1 1 a9 grM _ �� • 11 I 1 . rk ,„:4. 1., 41140.41 Iiiiiiinli r 4 4p•-•/ I. 11101114.0 I 1 I - 4tL,illighilk... _,_ , O. id 1 , n� i,i 0111 r 1 1 <: ` i?f '- ,—— iti n:�_ I I J I • ► t 1 , 1 1 ,"4. 1 - _ > n i-e ' '� — — T ——,gym., — — !'�1i�i• Wa11iIII a ci ¢fig!1 a ' i °rg s F` g_ t,,,i L.: : '<_1 tit zdi 1 g I1b �j � 1 >' � 1 � later{,a.. atEEEEh hE 1b f IIII , i 10 (...„ lEEEEEIE rEEFEEEEiE iligi _ r �Ya� 144 !3 e 1 its f!i tt :giI4Itl; 4i� 9 y'' !I II If{aw 1 gC 1 '11-9 City of Southlake,Texas STAFF REPORT September 11, 1998 CASE NO: ZA 98-062 PROJECT: Ordinance No. 480-288/Second Reading/ Rezoning and Site Plan -Park Place Pet Hospital 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 Lot 1R2, Block A, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2552, Plat Records, Tarrant County, Texas, and being approximately 0.78 acres. LOCATION: South side of East Southlake Boulevard (F.M. 1709) approximately 180' east of Commerce Street. OWNER/APPLICANT: Park Place Pet Hospital CURRENT ZONING: "I-1" Light Industrial District REQUESTED ZONING: "C-2" Local Retail Commercial District AMENDED REQUEST: "S-P-1" Detailed Site Plan District with the use listed in Zoning Ordinance No. 480, Section 21.2.17 (small animal hospital) only. LAND USE CATEGORY: Retail Commercial and 65 LDN Overlay Corridor NO. NOTICES SENT: Seven(7) RESPONSES: Three (3)responses were received within the 200' notification area: • H.K. Marvin, 3105 West Arkansas Lane, Suite Bl, Arlington, Texas, in favor. "Good addition." (Received 7/13/98) • Stephen P. Anderson, 2915 East Southlake Boulevard, Suite 100, Southlake, Texas, opposed. "I am strongly opposed to any cross- access easement for various reasons." See attached letter. (Received 7/23/98) L City of Southlake,Texas • Sandra Lee Armstrong, 2915 East Southlake Boulevard, Suite 200, Southlake, Texas, opposed. "In my opinion, an easement being placed through my parking area puts my patients and myself at great risk for injury from motorists who commonly do not proceed through parking lots cautiously." See attached letter. (Received 8/4/98) P&Z ACTION: July 9, 1998; Approved (6-0) to table and to continue the Public Hearing to the July 23, 1998, Planning and Zoning Commission meeting. July 23, 1998; Approved (6-0) to table and to continue the Public Hearing to the August 6, 1998, Planning and Zoning Commission meeting due to the applicant not being present. August 6, 1998; Approved (6-0) at the applicant's request to table and to continue the Public Hearing to the August 20, 1998, Planning and Zoning Commission meeting, and requesting that it be placed at the beginning of the agenda. August 20, 1998; Approved (7-0) subject to Site Plan Review Summary No. 3,dated August 14, 1998,accepting Item#1 a(stacking depth) and Item #1 b (driveway spacing) as shown; accepting the applicant's agreement to eliminate two(2)parking spaces on the west side; accepting the applicant's agreement to remove the west drive and leave the west side as green space; accepting fire lane 'A' as shown on tonight's submission; and accepting applicant's request to amend this request to "S-P-1" Detailed Site Plan District with the use listed in Zoning Ordinance No. 480, Section 21.2.17 (small animal hospital) only. COUNCIL ACTION: September 1, 1998;Approved(6-0)First Reading subject to Site Plan Review Summary No. 4, dated August 28, 1998, accepting Items la and lb(existing driveway on F.M. 1709) as shown and on Item#lc, allowing applicant to acquire cross access on the South or West in order to access Commerce Street at a future date. STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1, dated July 17, 1998; Site Plan Review Summary No. 2, dated July 31, 1998; and Site Plan Review Summary No. 3, dated August 14, 1998, with the exception of those listed in Site Plan Review Summary No. 4, dated August 28, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-062ZS.WPD thie STEPHEN P. ANDERSON, D.D.S., P.C. 2915 E.SOUTHLAKE BLVO.,SUITE 100 • SOUTHLAKE,TX 76092 • Telephone(817)481-6553 July 22, 1998 To: Honorable Mayor Stacy,City Council Members,Planning and Zoning Board Re: Reference No. ZA 98-062 Cross Access Easement Request This letter is in regard to the site plan submitted by Park Place Pet Hospital. Specifically, it is in regard to the proposed curb cut to allow cross-access easement to my personal property. I am strongly opposed to any cross-access easement for various reasons. Some,but not all points include; 1. There is no provision on my plat that grants easement. 2. There are no provisions,addendums,or exceptions from coverage in my Title Policy that requires me to grant easement. 3. My site plan is insufficient to grant any kind if easement. An easement is an"estate in land." In order to create or transfer an estate in land,there must be operative words in the document which in fact show the intent to convey the estate in land. There are none in the site plan, therefore no easement exists. Additionally,the typical ways of establishing an easement are: (kW • by express grant; • by express reservation; • by prescription; • by reference to a plat; • by estoppel; none of which are associated with this matter. 4. Assuming that the adjoining land owner has a right to"use"the access area,they have no right to come onto my property except for that; therefore,they have no right to come onto my property to remove the curbs,gutters,and landscaping that the City required and approved me to have. While they may have a right to cross the property,it must be done with the current improvements that allowed. If the ChT had wanted a true easement,they should have made me in pace the City , pave the drive up to the property line with radius curves,etc. The City made no such requirements and allowed me to occupy my premises. 5. If the City wanted to create a valid cross access easement, it should have required it to be shown in the plat of the property. It is not. 6. There is no right of access across my property since it is not"of record." Please take these points into consideration of the approval of the proposed site plan. I am NOT in favor of any curb cuts or cross-access easement on my property. S' erely,(NW v to en .An erson, D.D.S. RED U % �.l T 2 3 1998 ��3 AUGNR@EOWE rfi 3a August 3, 1998 OFFICE OF CITY S • SECRETARY To: Honorable Mayor Stacy, City Council Members, and Zoning Board Re: Reference No. ZA 98-062 Cross Access Easement Request I am writing in reference to the site plan submitted by the Park Place Pet Hospital. As you know their plan requests your approval of easement through our parking lot. My request at this time is that in making your decision, my The DentistJust for Kids clientele be considered. My practice is limited to children, mentally retarded DR. SANdRA ARMSTRONq individuals, as well as other special patients. We currently have traffic daily of approximately 50-60 patients per day. .915 E. SouTI4AkE BouLEVARd One of my considerations in choosing this location was the SUITE 200 safety of my patients coming and going from my office to CLAkE. TEXAS 76092 their transportation. Many of my patients are sedated for • their appointments, and thus on departure are difficult to PHONE manage. (817) 488-3533 In my opinion, an easement being placed through my parking METRO area puts my patients and myself at great risk for injury from (817) 329-1422 motorists who commonly do not proceed through parking FAX lots cautiously. The patrons of the Pet Hospital will have no (817) 421-9221 idea that the little ones who come and go from my business are not trustworthy to make good judgements with regard to walking across a parking lot of traffic. As a business owner, and supporter of the city of Southlake, I would be very disappointed if my city denies its citizens safety and privacy based on convenience. Thank you in advance for your attention, and consideration of my requests. I am,confidant your common sense and good judgement will wail. Be sure to visit our Web Page at r Respectful , ,, � � :� :�C _— :tr v vw.flash.ned-drsandra Sandra tArmst ong DDS • ��-4 pop pk u:o 1998 __( H-H ..,� Abe i ii, ,, 1 H-----1 —1 11 _ . 1-- -,' ! I 1 , , c. '—C ;--� i / , i ! i j —� I 1 car CI likk ; ASS Sri, _.._._________7i r (Wit? ISio j>1%. tios. 1 iii .4.e... I. ' , A, i ip,.. "I ‘, . , , Ap. car...0., .: . . , 1 p Cv'1, • 1a 5 I �f C . I i Mill i:i.. T'( l I il ' i 1 0,Y5tEssLii Iclu'Os I iP TRACT MAP c�'(co-' 7 IS--6 \. 2 10 11 13A 14 4 LT-7 ��39 .432 0 13 .683 0 ,32 0 .208 AC (be 26R TR2 1.3350 1� , 30R 0, \ 1..0430 i , A. 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Commerce Business Park APPLICANT: ARCHITECT: Park Place Pet Hospital Floyd C.Nave&Associates 2100 West Northwest Highway. Suite 207 4100 Felps. Suite A Grapevine. Texas 76051 Colleyville.Texas 76034 Phone : (817)488-9199 Phone : (817)498-0767 Fax (817)251-1010 Attn Dr.Tom Holbrook Fax : (817) 788 - 8630 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/24/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT LISA SUDBURY AT (817) 481-5581, EXT. 862. 1. The following changes are needed regarding driveways ingressing and egressing the site. NOTE: This plan proposes access to public rights-of-way from existing driveways and appears to increase the daily design volume of the driveway(s)by 20%or more requiring that these driveways comply with Driveway Ordinance No. 634 : a. Driveways intersecting public rights-of-way used by this site require a minimum stacking depth of 75'. The existing off-site driveway intersecting F.M. 1709 provides 40' of stacking on the west side of the driveway and 35' on the east side of the driveway. (P&ZAction 8/20,1998:Accept driveways as shown.) b. The centerline of the existing off-site driveway intersecting F.M. 1709 used by this site must be a minimum of 500' from the intersection of Commerce Street and Bank Street. This plan shows approximately 344'to Commerce Street and 341.25'to Bank Street. (P&Z Action 8/20,1998:Accept driveways as shown.) c. Common driveways require the dedication of a Common Access Easement on each affected property (Driveway Ordinance No 634, Section 5.2.e). A C.A.E. from the adjoining property owner on the east must be filed of record and copies provided to the City prior to issuance of a building permit. Consult with the City Planning Staff in preparing the easement and prior to executing and filing the easement. 2. Revise the Parking Lot Impact calculations. The required area is calculated at 18 s.f.X 28 stalls (total number of stalls required)= 540 s.f.required. 3. Note the benchmark used for the topographical information on the grading plan. 4. Provide and label a 30'radius where the Fire Lane"Y's"in front of the covered drive-through. 1-3-8 City of Southlake,Texas P&Z: August 20, 1998:Approved(7-0) subject to Site Plan Review Summary No. 3, dated August 14, 1998, accepting the applicant's agreement to eliminate two (2)parking spaces on the west side; accepting the applicant's agreement to remove the west drive and leave the west side as green space; accepting fire lane as shown of Fire Marshall's exhibit; and accepting applicant's request to amend this request to "S-P-1"Detailed Site Plan District with the use listed in Zoning Ordinance No. 480, Section 21.2.17(small animal hospital) only and amendments as noted above. * This plans complies with the articulation requirements of Ordinance 480, Section 43.9.c.1.c. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * No mechanical equipment is shown on this site plan. The applicant should be aware that all mechanical equipment(HVAC, Satellite Dishes, etc.)must be screened from view of public rights- of-way. This includes equipment on the roof,on the ground or otherwise attached to the building or located on the site. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a fully corrected 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, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. * Please be aware that any change of tenant/owners with a request for a neW C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. * Denotes Informational Comment cc: Dr. Tom Holbrook VIA FAX ABOVE Floyd C.Nave&Associates VIA FAX ABOVE L:\COMDEV\WP-FILES\REV\98\98062SP4.WPD C 93-1 • GX►1C�„IUUI.1tU AGR PAS L p S Ppgtt' EX150 H tG 5w1 NL T ck wpY ` � �� ate � 3 0' IIPES11-7---111--1.--- ROPUSEU Iii-1SO Ca"� - - „-ice tIKI: IWO ) I gJE CW tpC `.40 332 � , � 1f LLLL'XNO 11 XtSSt F �� g" • . t N�OC` .. xj5S1T�• i ia. 58 sco°FEyp� '1 /, I a il �0301 to N • t,►�,,ZIOO S� •-t empty tt 24 .O•o" e _�- ++v• ,.,.1, NS' , SP ES I \6. ,...N-41' ft 01 1,..7 s. ..., lc) - oft7/ 1_ - - • -A# 9 , ' �0;1�` I- NEW 3/4" • . %.. t �A�1 , - \ WATERLINE _ ' 7 FIRE LANE OPTION CO 4:4. 41 SAN 5E1NE - - ' Fpa111S 133 - Jl , IR�p .•19:4 I...A: • '�� '1t050' ((,^� I I1• w �E,: ��; , , Ili; 1Ili Nr G��y� 1A 1 NDSC�CFf:D 7CKEA 1 r •, 9_1 w I It ' i 1 , `Y %Ft tyF , 30R < ,*Pt ' O 1 - m is�' CT , O,` I J I ' I in k +�I��►� 'SMA�.L/AN IMAL =i F � '• - J 4 •1..•IQ EWA. 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'MOCK A 73+-10 • • City of Southlake,Texas TREE PRESERVATION ANALYSIS (COMMERCIAL DEVELOPMENT) Case No: ZA98-062 Date of Review: 07- 16-98 Number of Pages: I_ Project Name: Park Place Pet Hospital.2925 E. Southlake Blvd. (Site Plan) APPLICANT: Prepared By: Park place Pet Hospital Floyd C.Nave&Associates 2925 E. Southlake Blvd. 4100 Felps, Suite A Southlake,TX 76092 Collyville,TX 76034 Phone: Phone: (817)498-0767 Fax: Fax: 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. TREE PRESERVATION COMMENTS: 1. There are seven(7)existing trees on this site and none of them are protected. 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Q) ea =r:V..r 3t^a 1,' c1 a---•Iftllift4a0 a-',1 � ff:I- LL' i4 111'141 1 _ a h - .e' I Le (..1.04 .1 Ill ollm, CI ii • N�..tV .O•.OI ` I� 1` ''L 1 :a I 8 H i le I NI WV .o-.N W N JiiR IL, 77- , - . e , enm a - .o. h (kare CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-288 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 LOT 1R2, BLOCK A, COMMERCE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE,TARRANT COUNTY,TEXAS,ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 2552, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 0.78 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I-1" LIGHT INDUSTRIAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT FOR THE FOLLOWING "C-2" USE ONLY, SMALL ANIMAL HOSPITAL, AS DEPICTED ON THE APPROVED SITE 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\480.288.WPD Page 1 WHEREAS, the hereinafter described property is currently zoned as "I-1" Light Industrial 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 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, L.\CITYDOCS\ORD\CASES\484288.W PD Page 2 !/ 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 Lot 1R2, Block A, Commerce Business Park, an addition to the City of Southlake,Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2552,Plat Records,Tarrant County,Texas, and being approximately 0.78 acres, and more fully and completely described in Exhibit "A" from "I-1" Light Industrial District to "S-P-1" Detailed Site Plan District for the following "C-2" use only, small animal hospital, as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit"B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water,parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. L:\CITYDOCS\ORD\CASES\484288.WPD Page 3 7-J-17 (601 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 and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal,whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY L L:\CITYDOCS\ORD\CASES\480-288.WPD Page 4 C PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY C APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C L:\CITYDOCS\ORD\CASES\480-288.WPD Page 5 TJ �v r� (re EXHIBIT "A" Lot 1R2,Block A, Commerce Business Park,an addition to the City of Southlake,Tarrant County, Texas,according to the plat recorded in Cabinet A,Slide 2552,Plat Records,Tarrant County,Texas, and being approximately 0.78 acres. The property is located on the south side of East Southlake Boulevard(F.M. 1709) approximately 180' east of Commerce Street. C C L:\CITYDOCS\ORD\CASES48d288.WPD Page 6 ��' Cr EXHIBIT "B" tN.•l.• wings tt•R�fat�Ni fnL "1••�.�. •� I 11a I V.INN 111ft N.. __ ---4.t1-...•N OM ANN/_SR: I I •� • S13111NOY• I •••••I 3 -1V1IdSOH 13d 33Vld NdVd ! ar.e...i S311/100551I T .°.n.10..14.1.31Y•TCONC... II I .••iI IiI_ 3AVN 'O OAOIi I II •••y .153•0311 ON INOZ .1 - d S. end N.d 3LIS .Z90-96•Z. 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L:ICITYDOC SORDIC ASFS1480-288.W PD Page 7 TJ 1-{ —t2-t City of Southiake,Texas STAFF REPORT September 11, 1998 CASE NO: ZA 98-088 PROJECT: Ordinance No. 480-289/Second Reading/ Rezoning- Lot 2. Cash Acres Addition, and Tract 3F. Hiram Granberry Survey,Abstract No. 581 STAFF CONTACT: Karen P. Gandy,Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as Lot 2, Cash Acres Addition, an addition to the City of Southiake, Tarrant County, Texas,according to the plat recorded in Volume 388-114, Page 612, Plat Records, Tarrant County, Texas, and Tract 3F situated in the Hiram Granberry Survey,Abstract No. 581,and being approximately 5.7295 acres. LOCATION: East side of South White Chapel Boulevard approximately 400' south of the intersection of South White Chapel Boulevard and Pine Drive. Le OWNERS: Aubrey L. Smith, Rosa Lee Smith, and Virgil Cash APPLICANT: Brad Barrington CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1A" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Sixteen(16) RESPONSES: Two (2)responses were received within the 200' notification area: • Henry Kovarnik, 400 Pine Drive, Southiake, Texas, in favor. (Received 8/10/98) • Jerry Pettengill, 175 East Southiake Boulevard, Southiake, Texas, undecided. "This property was sold to White Chapel Methodist Church." (Received 8/20/98) P&Z ACTION: August 20, 1998; Approved (7-0). COUNCIL ACTION: September 1, 1998; Approved (7-0) First Reading on consent. Ihrw I K- t • City of Southlake,Texas L 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\98-088Z.WPD L L r K- 2-- 1 I I L- MIER !4/40111 - p,--1 I i\ \ ______tt)c_ 1 kftl. II - Lift31141 , L •4v. e,...,o.-. � � Wes"_ E{ —scS „ ♦ t Z . eVk - 71 - --' 12111V401=4 0 i_ 1 1 I --�''n - = 0‘06 --i) -.fr , '11-= _ \vog/SHADY ' , �� '.11j1; � ,ram,\ha ' opro' � IUIli • I ii D G ' -dm= ink i WI Mt 41INIOW.VA ' roda- , , _Nr-4 — 4d ,C1 111r1 -4-C Ir\_ 7, 0t,k il‘f •,i1!-----"\ WP:or. 4o.'.•rJft \IIa ii W ESA- , u; mr.er1.-w.i't,ff'1A �� I� _ I, imrai . Fir ___ -wipmf.., , tkisitik, -ay .A Affilletek.24108 ��- i► 7.1 gilf • ,■, • 1 Pow,ir -I 013(0 . ikl 1 "0111%*/ 4 hail "; Hr. , ....., „in. ag, „us,: it-0 •4ito.41 ri,41. i i ..t.' '..4' -lAtill '''l 7 "WV* iummos ' i*el 'te Taviiii-cl siti:I.,'.:Imilentio4,) I) t_r liu 1 . ... .„...... ...!....„,,,...„1. 4ii Rio—_ II SaUti4 .., i is HE ,, ? luillpitiniEsio ' i II P-'I" 1141:::::::11:: a_ .12.4.6 : eli:wetlitlicii li'• 114° gill!11111:171.217111111:017 -,, do 4 Warp 1111,NQiii t, -1 :,..._ c.rVain PIO amp qw la"A-1741v 4* ,.. - L ( ' -mi.AIRnard i- a. I II) -lik loveliPtrWiiiiiii inns ort 1.- 7.0,0„ ,,,,,,4*ii 41** ;.... lA re fir~ %r_O4 oAh,/ ."-..lr.ri..„kae,is, i.is r.-._ oftv.i.a•, � �,r4:�� t�. TRACT MAP 0 r V ,�� TR.3C %• 13.11 Ac 8 i I "CS" a Al..... 140 4 ,� ‘5964 WA"APE cll., 17, \I \ C� 0DI MALONE E R. JIVEi �g CH "AG" CII TR 3L "AG" -m 0. .C. -5 8.31 Ac TOt• �FT z R. MALONE /y - P m `..•� 0+� $ F. GIRDNER 2 D m "AG" BAIRD TRUST ' "SF-1 A" c 470 "SF-1 -- 0 TR 3N2 r.. 1.5 ® ,_� - W. BAIRD M.� iP rs 470 234 -i 7 0THOMPSON J. PETTENGILL°-J TR 3K s. k ,. - 2.5 AC Z 011111r#111r- . 2 A. WEST A. WEB R ti ,.. r� n AN IV 9Fy . A i AG ADD �/� ``G� Q P.WEST 2.461 0 R f► G / 7 F . 3 A (3. AC) .o AC A G. NIEMIROWSKI A �225 11 1.0 Ac ft z -"SF-1 A" A 3H 1.0 Ac A. SMITH 59 0 2 H. KOVARNIK P. GOETZ ,�Sgc- ,— , gC 430 p "S F-1 A" PINE R 3G SF 1 A 1 . PINE ACRES CT _.o AC ,7 4-6 .0 I r Tn 2A M. MCCLEMORE / TR 361 3 1.o AC ,.._ e 230 / 475 A . ØiQN�� , 1 ri K - ( 0 lk, ENO J�85964 ADJACENT OWNERS RY N $ TR 2B1 R ,� ,,, AND ZONING 4.0 AC j. El�81 i CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-289 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 LOT 2, CASH ACRES ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-114, PAGE 612, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND TRACT 3F SITUATED IN THE HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, AND BEING APPROXIMATELY 5.7295 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, 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 ""AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and '1K -s L:\CITY DOCS\ORD\CASES\480.289.W PD Page I 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 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 ha s 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 ar e 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 I << I.:\CITYDOCS\ORD\CASES\480-289.W PD Page 2 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 Lot 2, Cash Acres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-114, Page 612, Plat Records, Tarrant County, Texas, and Tract 3F situated in the Hiram Granberry Survey, Abstract No. 581, and being approximately 5.7295 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF- 1A" Single Family Residential District. 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 LOrdinance 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 Lseverable 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 L:\CITYDOCS\ORD\CASES\48a289.WPD ( • _ Page 3 Le, 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 ordinanc e 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 C L:\CITYDOCS\ORD\CASES\484289.WPD Page 4 (1111,' PASSED AND APPROVED on the 2nd readingthe day of , 1998. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: C CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C k - � L:\Cf f YDOCS\ORD\CASES\484289.W PD Page 5 i . (ihre EXHIBIT "A" ALL that certain tract or parcel of land situated in the H. GRANBERRY, ABSTRACT No. 581 , Tarrant County, Texas and being Lot 2, Cash Acres, an Addition to the City of Southlake, Tarrant County, Texas as recorded in Volume 388-114, Page 611 , Plat Records, Tarrant County, Texas and containing a portion of the tract described in the deed to Aubrey L. Smith and wife, Rosa Lee Smith as recorded in Volume 5050, Page 908, Deed Records, Tarrant County, Texas and including a portion of right-of-way dedication per Volume 388-114, Page 611 of said Plat Records abandoned by the City of Southlake, Resolution # and being more particularly described by metes and bounds as follows; BEGINNING at a 1/2 inch steel rod found for the northeast corner of Lot 4R2, Aubrey Estates, an Addition to the City of Southlake, Tarrant County, Texas as recorded in Cabinet A, Slide 3546 of said Plat Records; THENCE North 76 degrees 53 minutes 00 seconds East, 114.20 feet to a 1/2 inch steel rod found; THENCE North 11 degrees 24 minutes 00 seconds West , passing the southwest corner of said Lot 2 at 208.60 feet , continuing with the westerly boundary line of same a total distance of 433.62 feet to the northwest corner of said right-of-way abandonment of White Chapel Road; THENCE North 50 degrees 34 minutes 00 seconds East with the Lie northwesterly line of said right-of-way abandonment, 69.24 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" found for the beginning of a curve to the left; THENCE northeasterly continuing with said northwesterly line and said curve to the left having a radius of 1230.24 feet , a central angle of 09 degrees 37 minutes 14 seconds, an arc length of 206.57 feet and a long chord of North 45 degrees 45 minutes 23 seconds East at 206.33 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" found for the northeast corner of said right-of-way abandonment; THENCE South 08 degrees 26 minutes 50 seconds East, passing the northeast corner of said Lot 2 at 12.28 feet and continuing with the easterly boundary line of same a total distance of 383.75 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" found for the southeast corner of said Lot 2 and being the southwest corner of Lot 1 of said Cash Acres; THENCE North 82 degrees 16 minutes 20 seconds East with the southerly boundary line of said Lot 1 a distance of 232.57 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" found for the northeast corner of said Smith tract and being in Pine Drive; THENCE South 00 degrees 56 minutes 16 seconds West with the easterly boundary line of said Smith tract , 427.31 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" found; THENCE South 88 degrees 52 minutes 15 seconds West with the southerly boundary line of same, 509.00 feet to a 1/2 inch steel rod found in the easterly boundary line of said Lot 4R2 of Aubrey Estates; THENCE North 00 degrees 53 minutes 00 seconds East with said easterly boundary line, 146.70 feet to the place of beginning and containing 5.7295 acres of land, more or less. L:\CflYDOCS ORD\CASES\80-290.WPD Page 6 7 K - r a City of Southlake,Texas STAFF REPORT September 11, 1998 CASE NO: ZA 98-094 PROJECT: Ordinance No. 480-290/First Reading/ Rezoning and Concept Plan - Gateway Plaza 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 Lots 1 through 14, Block E; Lots 20 through 22, Block E; Lot 31 and a portion of Lot 32, Block E; Lots 1 through 6, Block D; a public alley, and the following dedicated public Rights-of-Way: Austin Place, Oak Knolls Drive, Gatewood Lane and Norcross Road, all being a part of Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County,Texas,according to the plat recorded in Volume 388- W,Page 51, Plat Records, Tarrant County, Texas; Lot 30R, Block E, Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County,Texas,according to the plat recorded in Volume 388- 183, Page 40, Plat Records, Tarrant County, Texas; Lots 1A, 1B, 2, 3A, 3B, 3B1,4, 5A, and 5B, Block A, and a public alley, all being a part of Oak Knoll Business Park,an addition to the City of Southlake; Tract 6B, W. E. Mayfield's Subdivision, according to the plat recorded in Volume 388-C, Page 4, Plat Records, Tarrant County, Texas, and Tracts 3, 3B, 3C, 3E, 8, and 8B, situated in the Thomas Easter Survey, Abstract No. 474, and being approximately 42.21 acres. A Concept Plan for Gateway Plaza will be considered with this request. LOCATION: Northwest corner of the intersection of State Highway 114 and East Southlake Boulevard(F.M. 1709) OWNERS: Southlake Properties, Inc.; Shirley A. McCarty; John Michael Tate; Victor L. Leighton; Carlos E. Dorris; Thomas C. and Nancy C. Reilly; Cindy Jane Suski; James H. Saunders; Mary Louise Albano; Peter and Kristine Johnson; Eugene and Frances A. Bump; Mary Hutchison; Charles Wood; Dennis Carpenter; and Kevin Lawrence Marks APPLICANT: Lincoln Property Company CURRENT ZONING: "AG" Agricultural District; "SF-1A" Single Family Residential District; and "0-1" Office District 1 City of Southiake,Texas REQUESTED ZONING: "S-P-2" Generalized Site Plan District with "C-3" General Commercial District uses LAND USE CATEGORY: Mixed Use; 65 LDN Overlay Corridor NO. NOTICES SENT: Thirty-six (36) RESPONSES: Six(6) responses were received within the 200' notification area: • Cecil Yates, Route 1, Box 283-1, Canton, Texas,undecided. "This property was sold to Terry Wilkinson." (Received 8/25/98) • Peter and Kristine Johnson, 2721 Oak Knoll Drive, Southiake, Texas, in favor. "We have contracted to sell contingent upon this zoning approval. All residents of our neighborhood have agreed as well. There are no residences left in this area to be affected adversely if the zoning is approved. The zoning fits with the usage intended by the city master plan of `Village East'." (Received 8/25/98) • James H. Saunders, 2701 Oak Knoll Drive, Southlake, Texas, in favor. "1. All of Oak Knoll Addition want to rezone. 2. No sewer, no fire hydrant." (Received 9/1/98) • Eugene V. Bumps, 121 Austin Place, Southiake, Texas, in favor. (Received 9/3/98) • Thomas C. Reilly, 120 Austin Place, Southlake, Texas, in favor. "It will improve the appearance of Southlake's entry and will eventually relieve traffic on 1709/114 interchange." (Received 9/4/98) • Cindy Jane Suski, 175 Gatewood Lane, Southiake, Texas, in favor. "It will be the first shopping center as you are entering Southlake or the last one going west to east." (Received 9/3/98) A petition was received from the residents of the Oak Knolls Lakeview Addition in favor of the rezoning. See attached petition. (Received 9/3/98) P&Z ACTION: September 3, 1998;Approved(7-0) subject to Concept Plan Review Summary No. 1, dated August 28, 1998, with the following modifications: • stating that approval of this Concept Plan does not imply approval of the gas station as proposed; • allowing Item#3 (intended lotting) as shown; • deleting Item #5.a.2 (public street connecting Crooked Lane to S.H. 114); • deleting Item#6.a.2 (minimum 500' spacing between full access fq City of Southlake,Texas drives) and provide a common access easement at Drive 'A'; • amending Item#6.a.5 (spacing between driveways on F.M. 1709) to delete Driveway'F', accepting 'A' to'B', 'B' to 'C', and'C' to 'D' as shown and accepting 'E' to S. H. 114 at approximately 450'; • amending Item #6.b (stacking depths) to eliminate the four (4) parking spaces on Drive 'J'; • deleting Items#6.c.2 and#6.c.3 (driveway alignment); • deleting the following uses in the "C-3" district: 7). Conventional golf courses, including outdoor driving ranges necessary thereto, but excluding miniature golf courses; 16). Lodges, sororities, and/or fraternities; 18). Mortuaries, funeral homes and undertakers; 23). Plumbing and heating appliances, repair and installation services; and deleting the words "and care" from Item #17, medical care facilities to include nursing homes, hospitals; • deleting the following uses in the "0-1" district: 29). Radio recording and television broadcasting offices and studios; • deleting the following uses in the "C-2" district: 8). Business colleges or private schools for vocational training; 24). Frozen food lockers for individual or family use; • accepting the applicant's agreement to limit Christmas tree sales to the 5% of outside sales granted by right and limit any office related training to 30%of the tenant's floor area; • limiting the number of screens in auditoriums, theaters, and cinemas (listed in the "C-3" zoning district as Item 2) to twelve (12) screens, and • to include the architectural renderings and accepting the applicant's agreement to make them a part of the Concept Plan. -STAFF COMMENTS: The applicant has met all requirements of Concept Plan Review Summary No. 1, dated August 28, 1998,with the exception of those listed in the attached Concept Plan Review Summary No. 2, dated September 11, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-094ZC.WPD g -3 PETITION TO ANN CREIGHTON, CHAIRMAN MEMBERS, PLANNING AND ZONING COMMISSION AND THE HONORABLE RICK STACEY, MAYOR MEMBERS, CITY COUNCIL CITY OF SOUTHLAKE, TEXAS September 2, 1998 a We, the undersigned residents and homeowners of the Oak Knolls Lakeview Addition of the City of Southlake hereby request that the Honorable Mayor and City Council favorably consider the proposed re-zoning request to SP-2 C3 General Commercial for the Oak Knolls Lakeview Addition to the City of Southlake,TX for the following reasons: The current condition of many of the properties located in this addition are deteriorating due to properties being converted to rental property; The streets included in this addition are currently in a state of disrepair and will require future capital maintenance by the City should this area not be re-zoned; In its present condition, water service to this neighborhood is considered inadequate for fire protection; The proposed re-zoning improvements will provide relief to traffic congestion at the corner of the Highway 114 eastbound service road and FM 1709 and,provide a better traffic flow to and from Southlake via the new proposed Northwest Highway extension; The proposed Site Plan encompasses aesthetic improvements to the gateway to the City and is reflective of an environmentally sensitive design. If the proposed zoning change meets with your satisfaction, your vote in favor of this zoning change will be greatly appreciated. Name Address , 7 U/ 0/9k' SGv Tr 7x 0, 2 giat-L( September 2, 1998 Petition for Re-Zoning Oak Knolls Lakeview Addition Page 2 Name Address 0{ 6u4 /2/ qu.r/N c4(--e- So let/4/44 i3e_ A. Jo ..1 7 - o pt< /V D cc. 0,2- Scs-crrrrvtge 1 - 0A-e (L,tJ0C 6 2 c,c cAlee II/ II / v C 5f s 7 I1 •4° spoor 1193IC n Ia• as aaire,1 s� 8►C as i pit� i 5CO �� -MN T! 1 iii TR PII1*001.7 ''.\\O‘sk ;-. . 4 IC TR5I4 Et A a to Sidi !,�•''1 D re it oil mei SA 2' 2.11 uu lid.. mom, n+ 9ral 4. '1" 4A IC 1 SB6 • ..,.. ........ . a ec to2I c 582 .......•:,:..:N Tit .:. to 582H 2 URI ,, . x,: ;4 el i 12 uel i as T.EAST L , 'i SURVEY A-458 �( IELDmath, iti `thri ril �� ' •'• ' : '- AZA ,..„„_-_, \r,,,,,\,,k, ,0 kiii! ....,,,...._,7„.„,„ ,„ 0„.. .. :,,,..„ , ., 1.41. :3V -i AsiaNkWIPA - - ' 1 —--— i 0 ir ..4 tall t82I2.1 ,. ,c;�;r;'t.`A . i� \•„I to / ' > . tall :-\- ' 0 -- 741m .. 6._ \ i AMMO 69 k SUR 125A tr. .'r 6 • iiip , . i ,. —I 10 A...1, i , - 66 kI. au k : 47a00. i 115 PC I r i r 1 EY A-1013 \S 111k TRACT MAP le I z _, An I m Ii'© ' :oZM0 NI cr Ni rcc - .- - . I 1N3WdOl3A30 O)I Ct �� I =N30f10H'0 x o • Ilk � m ,itt' Q Z I ` LL n O ' 1 O \ IA' w s� „ o , , v 'Z)V1ZN I a ` s W p ° I ~ eN -.\ (NA'na UZ Q I N Q U rcro '' •c \ X OI _ 0- —n CIcoi- 1 ilk ck 0 ....\ ... �, ` w Q I.1 •� ' N c"i . 11\ ♦ m 0 z S -- ...fr;.. . •a 0 o t W co':-'-' f P..„. vi < u�= .. GO ti AZ • r, ' N 0 < ro y/ rr) VJ I ' m a lit rco / N` I O �� ~' IFQ z o N w re � III acc a. \111 - � d a. -, Icl . ^ Y a 01 5 44 co .... AtiL Ilillibil sy a Ll I i� ��d i-a' It..co, 6• n m 1- I _ z c^ O Q Q 0 I co ;'. 1— •, Q N W • .to 3 Ocp 2 • - I-- F Q r 0 ~ gn O O Q �� i w _ • w O 14 r. • J e?A I- .- /� o o ^ fro fir.. )�d City of Southiake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 98-094 Review No: Two Date of Review:9/11/98 Project Name: Concept Plan for SP-2 Zoning Request-Gateway Plaza.Being 42.2 acres of land in the T. Paster Survey.Abstract Number 474 and T. Easter Survey, Abstract Number 458 APPLICANT: ARCHITECT: Lincoln Property Company O'Brien& Associates 500 Akard Street. Suite 3300 5310 Harvest Hill Road. Suite 136 Dallas. Texas 75287 Dallas.Texas 75230 Phone: (214) 743 -3100 Phone: (972) 788-1010 Fax:(214)740-3451 Attn.T. McCoy.R. Dozier Fax: (972)788-4828 Attn.Lisa Leslie CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/10/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT.862. 1. Delineate the area of the requested Specific Use Permit(SUP)within this Concept Plan(proposed gas station,fuel pumps and car wash in the southeast corner of the property). Approval of this Concept Plan does not constitute approval of the SUP. Any use requiring a SUP must conform to the appropriate requirements. Conditions for approval of the SUP will be considered with Case#ZA98- 095. (P&Z Action 9/3/98: Acknowledge approval of this Plan does not imply approval of the gas station as proposed.) 2. Show all intended lotting.Any further subdivision of this property will require a revised Concept Plan so that the appropriate bufferyard requirements and any other resulting issues may be addressed. (P&Z Action 9/3/98:Allow lotting as shown.) 3. Label the 6' off-road trail along the north side of F.M. 1709. 4. The following changes are needed regarding rights-of-way: a. The Village Center East circulation Study attached shows two public streets through this property as follows: 1. The VCE Study also shows the need for a public street connecting Crooked Lane to the approximate location of Drive"J"on S.H. 114.(P&ZAction 9/3/98:Delete public street connecting Crooked Lane to S.H. 114) 2. Connecting the north line of F.M. 1709 at Commerce Street and the proposed Northwest Highway overpass intersection. Staff recommends they show and label a proposed 70' right-of-way (48' conc. pavement and curbs) for a 4-lane undivided public Arterial. b. Provide a minimum street radius of 600' for the proposed 70' R.O.W. A4U. City of Southlake,Texas c. The two west-bound decel lanes proposed before Drive"C"and"B"should be designed to provide 12 feet of right-of-way for 150'with a 150'transition. This right-of-way is in addition to the existing right-of-way along existing F.M. 1709. * Proposed driveways cannot be located within the transition area of a deceleration lane. d. Correctly show the right-of-way and roadway of S.H. 114 and extension of Northwest Highway overpass consistent with TxDOT schematics. 5. The following changes are needed regarding driveways ingressing and egressing the site: a. DRIVEWAY SPACING 1. Provide a minimum spacing of 500'between centerlines for any full access drive along F.M. 1709 west of Drive"A". Existing driveways are located to the west at 180'and 360'from Drive"A". (P&Z Action 9/3/98:Delete minimum 500'spacing between full access drives west of Drive"A"and provide a common access easement at Drive"A"). 2. Provide the following required spacing between driveways along F.M. 1709: Drive to Drive or Required Proposed Deficiency Drive to Intersection Spacing Spacing B to C* 500' 498' 2' C* to D 500' 366' 134' E to F 250' R-I/R-O only 180' R-I/R-O 70' F to S.H. 114 500' 190 310' *C evaluated as a 70'Arterial intersecting with F.M. 1709. (P&Z Action 9/3/98:Amend comment as follows:Delete Drive "F", accept "A"to "B", "B" to "C", and "C"to "D"as shown and accept "E"at approximately 450'from S.H. 114). b. Provide the following required spacing between driveways along the proposed Arterial : Drive to Drive or Required Proposed Deficiency Drive to Intersection Spacing Spacing C3 to C4 250' 215' 35' C4 to C5 250' 165' 85' C5 to S.H. 114 200' 130' 70' 64 - R 1 • City of Southlake,Texas c. STACKING DEPTHS • 1. Provide the following required minimum stacking depths for driveways: Driveway Required Proposed Deficiency Stacking Stacking C6 150' 76'-3" 74' G 150' 125' 25' H 150' 149 1' (P&Z Action 9/3/98: Eliminate 4 parking spaces on Drive "J" to achieve 150' required stacking depth) d. All proposed right-in/right-out driveways must be designed to meet the minimum dimensions of the Driveway Ordinance,No. 634,Appendix 5. 6. The following changes are needed regarding bufferyards: a. Provide a 5'-Type A bufferyard on both sides(10'total bufferyard width)of the common lot lines between proposed lots. No bufferyard is shown along the common lot lines of Lots Al &A2. b. Label the 10'-Type C Bufferyard adjacent to the"0-1"zoned property at the northwest corner of the 70' Collector and the overpass intersection. c. Change the bufferyard along the proposed arterial to a 10' Type E Bufferyard. * Any future lotting will require that all bufferyards are provided adjacent to property lines. 7. . The following changes are needed regarding lotting: a. Provide a 50' building setback line on both F.M. 1709 and S.H. 114 frontages. Relocate Building 19 and Building 1 outside of the 50' setback. b. Provide a 30' building setback line along the 70' Collector frontages. Relocate Building 9 outside of the 30' setback. 8. Indicate any deviations from permitted uses or development regulations under the "C-3" zoning district. 9. Loading and service areas for tractor/semi-trailer delivery must be screened from view of any public right-of-way. It appears the service area behind Building 8 may be visible from S.H. 114. 0. Provide dimensions from property lines to permissible building area. It appears buildings 2 -5, 5a, 7,8,and 14- 18 will not extend beyond this area:no closer than 50'from the west property boundary, 230'from the southwest corner, 560'from northwest corner,400'from the southeast corner. City of Southlake,Texas &ZAction: September 3, 1998;Approved(7-0) subject to Concept Plan-Review Summary No. 1, dated August 28, 1998, as noted above and with the following modifications: • deleting the following uses in the "C-3"district: 7). Conventional golf courses, including outdoor driving ranges necessary thereto, but excluding miniature golf courses; 16). Lodges, sororities, and/or fraternities; 18). Mortuaries, funeral homes and undertakers;23). Plumbing and heating appliances, repair and installation services; and deleting the words "and care"from Item #17, medical care facilities to include nursing homes, hospitals; • deleting the following uses in the "0-1"district: 29). Radio recording and television broadcasting offices and studios; • deleting the following uses in the "C-2" district: 8). Business colleges or private schools for vocational training;24). Frozen food lockers for individual or family use; • accepting the applicant's agreement to limit Christmas tree sales to the 5%of outside sales granted by right and limit any office related training to 30%of the tenant's floor area; • limiting the number of screens in auditoriums, theaters, and cinemas(listed in the "C-3"zoning district as Item 2) to twelve (12) screens, and • to include the architectural renderings and accepting the applicant's agreement to make them a part of the Concept Plan. • Although not required by ordinance,staff would appreciate placing the City case number"ZA98-094" in the lower right corner for ease of reference. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709 or S.H. 114. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records. It may be necessary to process Plat Vacations on the currently platted lots to eliminate unwanted easements.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,Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. * It appears that this property lies within the 65'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * This review is based on the "C3" Zoning District Regulations. FP - II 1 City of Southlake,Texas * Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. Note that these issues are only the'major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements. • Vertical and horizontal building articulation per§43.9C l e, Ordinance 480, as amended. • Masonry requirements per§43.9C l a,Ordinance 480,as amended and Masonry Ordinance No. 557. • Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.9C3h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • Residential adjacency standards per§43.11 and Exhibit 43-E on Page 43-15, Ordinance 480, as amended. • Spill-over lighting and noise per §43.12, Ordinance 480, as amended. • Off-street parking requirements per §35, Ordinance 480,as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480,as amended. Off-street loading requirements per§36, Ordinance 480,as amended. • Fire lanes must be approved by the City Fire Department. • All buildings must be designed such that no mechanical equipment or satellite dish shall be visible form S.H. 114, F.M. 1709 and any adjacent public right-of-way per Ordinance 480, Section 43.9. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 9/21/98. If not received by that time,no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * Denotes Informational Comment enc: VCE Circulation Study-Approved Graphic cc: Lincoln Property Company VIA FAX ABOVE O'Brien&Associates VIA FAX ABOVE Terry Wilkinson VIA FAX(817)488-2420 L:\COMDEV\WP-FILES\REV\98\98094CP2.WPD �A- (2 • . • ; • /1 en ! = R e i i I -- ...J! 15. 3 a .- nue4 : `11 s i - X./ • a u i a ••• • I as< I .... ta 3 ..• • O. i 0 I ' IL124196'13 LI 2 : ... E CO . . I ' • •••• '•••• Z 4 2 • 1i I - 4, - 1 4 1 i --....... • IA i I 14 I i : 2 .t. 4 — i ILL7. 1, , i i ' i • • 4 1 . t.........2 6016610r ; .".• 411* i 0 • • tin 111 0 . / a. i 11111 ! '- I . 1 ! • ,--T 1 G4 1 ;' 1 , ,• F, • /I 1 • / IF _ 1 67-7- ---.. 1 a • _I ... i I 1 I °°m •___, ....--- • i a ,- 1 8 c 1 ! 1 - . , 1 2-2 • .... uoi .3 tie 1 A i I V ''• .::. I 1 // dr' — 1 • JC r. 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N I 1 i ; ::• Ii.4:::.•••• i i I I ? •••••:•:•:•:•:•::!:::: 45° ( *:.::2::::::: a ::::•*:Z::::::• I ,,----, ii, p 1 •:•:::::::::••••••-• . o a'; 6. r 1111 :::::::::::::::*:::::: 1 "era j "1 1:1 :i:ii i:i:iii iii:":iiii :•:•:•:•:•:•:::•:::::::: 1 I' I aI Sr (1011- slit •, • ..mouNtar I Tit ... • a I • 6. 1 - . •:::::.::::.:1;:i.-;:::: .?:::iX:.:" 10.1 I al 1 : i ' ' \--- _ r ,...., . .„ . .. 3* -LITWIN tUTIDS'' * " tez. . ... z aig • i .. 111 r,,,, , • --- 0 - - a • ] --- I.U *g II „„r) • -§ ...i Ts a ,F. • — I I 4 • § AtO.: . • gr 4 1 . • oi i)8/1 -13 n ......, 1 . . _. ... City of Southlake,Texas TREE PRESERVATION AN AL; (Non -Residential Development) Case No: 98-094 N Date of Review: 08 -20 - 98 Number of Pages: J. Project Name: Gateway Plaza.Corner of F.M. 1709 & Hwy. 114 (Rezoning/Concept Plan) APPLICANT: SURVEYORS/PREPARED BY: Lincoln Property Company O'Brian&Associates 300 Akard Si, Suite 3300 5310 Harvest Hill Road, Suite 136 Dallas, TX 75287 Dallas,TX 73230 Phone: (214)743-3100 Phone: (972) 788-1010 Fax: (214) 877-9099 Fax: (972) 720-1058 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 submitted do not meet the requirements of the Tree Preservation Ordinance 585- A. Understory trees are not shown and groupings of existing smaller trees are not shown. Very few protected trees below 9"diameter are shown. There is an area that is full of Eve's Necklace (Sophora a '1nis)which are 2"diameter and greater. There are also a lot of protected `Quality Trees' that are not shown. 2. The grading shown on the tree survey shows the entire site to be cut/fill. It does not specify how much cut/fill will be placed in any specific area. If the plan is any indication of what is going to occur on the site,there will be an extremely minimal amount of existing trees preserved. The West bufferyard and small pockets along the North bufferyard would be the only areas where any existing trees would be remaining.This will also depend on where the utility easements will be located. 3. At this time the applicant has not made a good-faith effort at saving as many protected trees as possible. The cut/fill area indicated on the Tree Survey encompasses almost every tree on the site. Even the creek/drainage areas are shown to be entire fill. Even if they are not filled,the area provided for them is not sufficient. The areas that are not shown as cut/fill have very few trees in them,or some other construction is proposed; like a pond. This site has great potential to be unique and provide for an area that is built with the natural surrounding in mind. Creative thought is going to be the key to preserving trees and creating a workable design. There is a wide variety of trees on the site. It seems that the topography and prior use of the land dictates what species of trees are dominant in different locations through out the site. The majority BUILDING DEPARTMENT RECD AUG 2 81998 := City of Southiake,Texas • of trees are Cedar Elms and Post Oaks.Along the creek areas and fence lines are Cedar Elm,Post Oak,Pecan,Ash and American Elm. There is an abundant amount Ash throughout the site.I also saw a portion of the site that contains a majority of Eve's Necklace,which is a protected `Understory Tree'. 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""——— ir--• Arii:',/,:".•:,...W.,....'„:,_ !,',., •,„, .,‘,;„,,,,,,..1/4„,„,,„„ , :,,,,,,,, ,,, ,... , .,6 .. ......_ ,...,_,.__...,_:,,,,,,,„ .,,,,,,,,,_,,.,,,...,„,,,,,,,,:,,,,.....„,....,,,,,.,..„,,,,„‘. ____ , , _. r, d,,..,-,,,,, , .„ ,,,,. ..„,,,,..*,,...,..„„:,.......,,,,,,,,, . : . , r '✓ \ ♦ . � ...... A .. .\ �'��j, Sri /�:`. iiI \!�~ i! ✓ ✓, ,i i, 1/ \ • s te._r � dht* )1 ii v t 4 izk1,��i. s`i. s %/'`//l/� �' 3 .'V J ✓ =+::/•%//Y/i. . rs 1 *rL ``'/V'r.Y 1 ' / /♦ ..4 ♦ ..1 i1) -'j��-_ C SA- I (poi CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-290 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 LOTS 1 THROUGH 14, BLOC LOTS 20 THROUGH 22, BLOCK E; LOT 31 AND A PORK L 0 .' OF LOT 32, BLOCK E; LOTS 1 THROUGH 6, BLOCK D PUBLIC ALLEY,AND THE FOLLOWING DEDICATED PUBLIC RIGHTS-OF-WAY: AUSTIN PLACE, OAK KNOLLS'DRIVE, GATEWOOD LANE AND NORCROSS ROAD, ALL BEING A PART OF OAK KNOLLS LAKEVIEW ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-W, PAGE 51, PLAT RECORDS, TARRANT COUNTY, TEXAS; LOT 30R, BLOCK E, OAK KNOWS LAKEVIEW ADDITION, AN ADDITION'TO THE CITY` OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-183, PAGE 40 (irre" PLAT RECORDS, TARRANT COUNTY, TEXAS; LOTS 1A 18' 2, 3A, 3B, 3B1, 4, 5A, AND 5B, BLOCK A, AND A PUBLIC ALLEY, ALL BEING A PART OF OAK KNOLL BUSINESS PARK, AN ADDITION TO THE ;'CITY OF SOUTHLAKE; TRACT 6B, W. E. MAYFIELD'S SUBDIVISION, ACCORDING TO THE PLAT RECORDED_IN VOLUME 388-C, PAGE 4, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND TRACTS 3, 3B, 3C, 3E, 8, AND 8B, SITUATED IN THE THOMAS EASTER SURVEY, ABSTRACT NO. 474, AND BEING APPROXIMATELY 42.21 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT, "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, AND "0-1" OFFICE DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-3" GENERAL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS L:\COMDEV\WP-FILES\ZBA\PENDING\480-290.WPD Page 1 1 C' 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 (6., WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District, "SF-1A" Single Family Residential District, and "0-1" Offce 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 L:\COMDEV\WP-FILES\ZBA\PENDING\480-290.WPD Page 2 g,1- 2Q I (limpe 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 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 Lots 1 through 14,Block E;Lots 20 through 22,Block E;Lot 31 and a portion of Lot 32, Block E; Lots 1 through 6, Block D; a public alley, and the following dedicated public Rights-of-Way:Austin Place, Oak Knolls Drive, Gatewood Lane and Norcross Road,all being a part of Oak Knolls Lakeview Addition,an addition L:\COMDEV\WP-FILES\ZBA\PENDING\480-290.WPD . Page 3 1/4-2 I to the City oouthlake,Tarrant.Aunty;Tee a �g to e; lat recorded Volume 388f YS-W, Page 51,=Plat RetYrds,TarranrColrity,Texas,Lot'3OR,`MOVE', Oak Knolls Lakeview Addition,an addition to the City of Southlake,Tarrant County, Texas, according to the plat recorded in Volume 388-183,Page 40, Plat Records, Tarrant County, Texas; Lots 1A, 1B, 2, 3A, 3B, 3B1, 4, 5A, and 5B,Block A,and a public alley,all being a part of Oak Knoll Business Park,an addition to the City of Southlake;Tract 6B, W. E. Mayfield's Subdivision, according to the plat recorded in Volume 388-C, Page 4, Plat Records,Tarrant County,Texas, and Tracts 3,3B 3C, 3E, 8, and 8B, situated in the Thomas Easter Survey, Abstract No. 474, and being approximately,42.21 acres,_and more fully and completely described in exhibit "A" from "AG";Agricultural Distnct, "SF 1A" Single.Family Residential District, and "O 1":Office District to "S-P-2"'Generalized Site Plan-District with "C-3" General Commercial District Uses,as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit"B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning L 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 L:\COMDEV\WP-FILES\ZBA\PENDING\480-290.WPD coof Page 4 gig - - i (6•9' 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 and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and (..., place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1998. i MAYOR ATTEST: CITY SECRETARY L:\COMDEV\WP-FILES\ZBA\PENDING\480-290.WPD Page 5 gig- 23 i (ble. PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: C CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: • L:\CODEV\WP-FILES\2BA\PENDING\480-290.WPD Page M6 gq- tl (fare _ EXHIBIT "A" �� Registered rrolessional Land Surveyors 102 w Tremmeu St.•Fort Worth.Teas 76140•t11 7l 293.6684 FIELD NOTES (Page I of4) Description for a tract of land in the THOMAS EASTER SURVEY, ABSTRACT NUMBER 474 and in the TIIOMAS EASTER SURVEY, ABSTRACT NUMBER 458, City of Southlake, Tarrant County, Texas, and including Lot 30R,OAK KNOLLS LAKEVIEW ADDITION,according to the Plat rccorded in Volume 388-183, Page 40, Plat Records, Tarrant County, Texas; a portion of Blocks D and E,OAK KNOLLS LAKEVIEW ADDITION, according to • the Plat recorded in Volume 388-W, Page 51, Plat Records,Tarrant County,Texas; a portion of Norcross Road, Oak Knolls Drive, Gatewood Lane, and Austin Place as•shown on said Mat and fiReen feet(15') wide alleys as shown on said Plat; Lots 1,2,3,4,and 5, Block 4 OAK KNOLL BUSINESS PARK, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-213,Page 53, Mat Records,Tarrant County,Texas,and being described as one tract by metes and bounds as follows: • BEGINNING at a 1/2"iron pin found in the southwesterly line of State Highway 114 for the most northerly corner of Lot 30R; TI IENCE the following courses and distances along the southwesterly line of State Highway 114: South 45 degrees 19 minutes 33 seconds East a distance of 107.33 feet to a 1/2" Le iron pin set with cap marked,"AREA SURVEYING"at the intersection of said southwesterly line with the west line of Norcross Road; TI IENCE South 36 degrees 32 minutes 33 seconds East a distance of 160.80 feet, continuing along the southwest line of State Highway 114 to a 1/2"iron pin set with cap marked,"AREA SURVEYING"in the east line of Norcross Road,said pin lying at the beginning of a curve,concave to the southwest,having a radius of 1,046.12 feet,and a long chord which bears 127.12 feet,South 07 degrees 00 minute 04 seconds East; THENCE Southerly along the east line of Norcross Road and along said curve, - passing through a central angle of 06 degrees 57 minutes 59 seconds,a distance of -. • 127.20 feet to a 1/2"iron pin set with cap marked."AREA SURVEYING"in the northerly line of East Southlake Boulevard(Farm to'Market Highway 1709); TI IENCE Westerly along the northerly line of East Southlake Boulevard the following courses and distances: ' cc . THENCE North 86 degrees 50 minutes 18 seconds West passing a Texas Highway O- Department concrete monument in the west line of Norcross Road,in all,a total CD distance of 88.36 feet to a Texas Highway Department concrete monument; e--t CO THENCE South 84 degrees 36 minutes 53 seconds West a distance of 213.04 feet to a T exas Highway Department concrete monument; Q THENCE South 65 degrees 11 minutes 00 second Wcst a distance of 203.05 feet to a V I Texas Highway Department concrete monument; .. s e f L:\COMDEV\WP-FILES\2BA\PENDING\480-290.WPD (...„ Page 7 81-25 1 EXHIBIT "A" • Registered rrnressional Land Sur•eyurs AddIMIIMIF MI 102 W trammel)St •Fort Worth.Teas)61a0•16171 29346.4 FIELD NOTES (Page 2 of 4) TI IENCE South 75 degrees 04 minutes 34 seconds West a distance of 221.40 feet to a Texas Highway Department concrete monument in the west line of a tract of • land described in a deed to BARBARA BRADFORD,recorded in Volume 3718,Page 160,Deed Records,Tarrant County.Texas; _ THENCE South'75 degrees 25 minutes 41 seconds West a distance of 192.65 feet to a Texas I Iighway Department concrete monument; TI IENCE South 82 degrees 28 minutes 08 seconds West a distance of 253.47 feet to a 1/2"iron pin found in the cast line of a tract of land described in a deed to CECIL YATES AND WIFE,KAREN L.YATES,recorded in Volume 7142,Page 1052, Deed Records,Tarrant County,Texas: TI IENCE South 82 degrees 47 minutes 32 seconds West a distance of 250.12 feet to a 1/2"iron in set with cap marked,"AREA SURVEYING"at the beginning of a curve,concave to the north,having a radius of 691.20 feet.and a long chord which bears 299.42 feet.North 85 degrees 07 minutes 13 seconds West; TI IENCE Westerly along said curve,passing through a central angle of 25 degrees 01 minute 04 seconds,a distance of 301.81 feet to a 1/2"iron pin found at the end of said curve: TI IENCE North 72 degrees 09 minutes 46 seconds West a distance of 220.54 feet to a Texas Highway Department concrete monument in the west line of a tract of land described in a deed to CARL R.SMITH AND WIFE,MADGE SMITH,recorded in Volume 7991,Page 457,Deed Records,Tarrant County,Texas and for a portion of Tract 6,W. E.MAYFIELD SUBDIVISON,as described in a deed to SHIRLEY ANN MCCARTY,recorded in Volume 9142,Page 894,Deed Records,Tarrant County, Texas; THENCE North 72 degrees 28 minutes 16 seconds West a distance of 167.36 feet to a 5/8"iron pin found for the southwest corner of said McCarty tract; TI IENCE North 00 degree 12 minutes 15 seconds East departing the northerly line of East Southlake Boulevard a distance of 541.05 feet to a 5/8"iron pin found for the northwest corner of said McCarty tract; THENCE South 86 degrees 52 minutes 01 seconds East a distance of 73.94 feet to a 1/2"iron CO pin found at the southwest corner of a fifteen feet(15')wide alley-shown on the plat of Block E, of OAK KNOLLS LAKEVIEW ADDITION,according to the plat recorded in Volume 388-W, Page 51,Plat Records,Tarrant County,Texas: TI IENCE the following courses and distances along the west line of said fifteen feet(15')wide alley in Block E: d North U( degrees 10 minutes 13 seconds East a distance of 413.73 feet to a 1/2" iron pin set with cap marked,"ARIA SURVEYING"at an angle point; L:\COMDEV\WP-FILES\ZBA\PENDING\480-290.WPD Page 8 (hise EXHIBIT "A" Registered Professional Land Surveyors - 102 W Trammell Si.•Fort Worth.Teas 76140•(617)293-5664 FIELD NOTES (Page 3 of 4) North 07 degrees 59 minutes 32 seconds West a distance of 190.39 feet to a 1/2" iron pin set with cap marked,"AREA SURVIi.YIN(;"at an angle point; North 07 degrees 25 minutes 07 seconds West a distance of 203.07 feet to a Texas Highway Department concrete monument in the south line of State Highway 114 for.. the northwest corner of Lot 1,in said Block E; Ti IENCE the following courses and distances along the southerly and southwesterly line of State Highway 114: South 73 degrees 59 minutes 35 seconds East a distance of 268.49 feet to a Texas I lighway Department concrete monument in the west line of Austin Place for the northeast corner of Lot I,Block E; South 35 degrees 41 minutes 08 seconds East a distance of 105.58 feet to a 1/2" iron pin set with cap marked,"AREA SURVEYING"in the cast line of Austin Place and in the west line of said Block D; South 74 degrees 10 minutes 30 seconds East a distance of 182.72 feet to a Texas I lighway Department concrete monument in the west line of a fifteen feet(I 5')wide alley in Block D; South 73 degrees 41 minutes 30 seconds East a distance of 257.66 feet to a 1/2" iron pin set with cap marked,"AREA S(/RI•liYIN(i"; South 70 degrees 50 minutes 26 seconds East a distance of 215.50 feet to a broken Texas I lighway Department concrete monument; . South 13 degrees 31 minutes 22 seconds West a distance of 11.74 feet to a 1/2"iron pin found; South 67 degrees 52 minutes 23 seconds East a distance of 155.91 feet to a 1/2" iron pin fotutd; North 14 degrees 19 minutes 35 seconds East a distance of 18.54 feet to broken Texas Department of Transportation concrete monument; • South 66 degrees 16 minutes 45 seconds East a distance of 143.19 feet tD a 5/8" iron pin found; CO South 61 degrees 38 minutes 51 seconds East a distance of 221.23 feet to a 5/8" iron pin found; 1-4 South 45 degrees 27 minutes 43 seconds East a distance of 112.64 feet to a 1/2" iron pin found; South 26 degrees 28 minutes 03 seconds East a distance of 100.29 feet to a 1/2" iron pin found in the south line of said Lot 2 and in the north line of Lot 26R,OAK KNOLLS LAKEVIEW ADDITION,according to the Plat recorded in Volume 388- 183,Page 40,Plat Records,Tarrant County,Texas: L:\COMDEV\WP-FILES\ZBA\PENDING\480-290.WPD Page 9 EXHIBIT "A" Registered Professional Land Surveyor% t02 W T,ammNl St • on WOrlh.Teas 76140•Olin 293-5684 FIEI,D NOTES (Page 4 of4) THENCE South 60 degrees 53 minutes 48 seconds West a distance of 74.07 feet to the POINT OF BEGINNING,said described tract containing 42.2I acres of land. • • • co cr) - O '-t Q . Lr 3 3 (1111110e L:\COMDEV\WP-FIt ES\hA\PENDING\480-290.WPD Page 10 EXHIBIT "B" L0 0 o a 0 0 0 0 0 o a o a o qI ! o a 0 0 0 0 0 i I Zii ANn1oa AWBdoed NT47Nr1 1 9 I `#i ' F f t W~ !; ! ao raaoranar 5555 c !I 11 al1�� srxu �Irltunos 4 .�Zi 111 $ 't! I II- , • I'3di-1 _. F o ❑ ❑ o 0 0 0 0 0 0 0 0 0 0 ,-, •,••••••• •• I `t . ' ❑ 0 ❑ ❑ o o ■ 1I nlL -7 ■ • AECO EP !i!1998 ■ []� 1 '1 III!P:,I � ' L'C"I'�II�I IU �! ! \, , 011111111rt a i o \ >!j1 (/ oi13iI J 1 / � , ! F , rloil!!!!117! '�'II W i p— a k.c 1 p �II[ !» rtF 51 f I:i1' p 1•� d F . t • ii # ! / .• r ' -v v-...\:-NA\ \ '‘,"Iiii 1 1 _�` • '• ,i '• ,' .' ,I .,./.„4-:-.."4"'" `I'‘:,‘_,2;:t-:13.1,‘ \ :- \,v00cilg,t Tt,\. s. 1. ,l:4 a# .:.eit r j eI.• 't• n,'PEter- - " ` \Q`vil: \ !4 F_ / /r! i {' 1 r s... - 1; -\ \ ; 1 ��\ I ,I t# .,, , / / V7ii11111111 ; • to 0•tG \1 : . A• ' ; �1 ` ' t ./ // ' �rllfii('Jr• �• ar•• _ ,_�• �;. \ ear■ne• "s 7 ... 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' Wfl: .• _ ® I , :W111111111III• III? // I / F • I 1ea4Fi [ 1' I g / / 0 !4 I •, a-, a i !� f 4 Eg :.i.4 -----------:;- -rig T-i_'_____' ____k , 1 • • MIaC■oT •. 1E!!!!i i L_ • ■ ■ L:\CITYDOCS\ORD\CASES\480.290.W PD Page 11 $11 -.2 4 1 City of Southlake,Texas STAFF REPORT (re September 11 1998 CASE NO: ZA 98-095 PROJECT: Resolution No. 98-63/Specific Use Permit/Gasoline Service Station/Gateway Plaza STAFF CONTACT: Dennis Killough, Senior Current Planner,481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Specific Use Permit for a gasoline service station with a convenience store and car wash per Zoning Ordinance No. 480, Sections 45.1 (40) and 45.10 on property legally described as being Lot 30R, Block E, Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-183, Page 40, Plat Records, Tarrant County, Texas; Lot 31 and a portion of Lot 32, Block E, and a portion of Norcross Road, all being a part of Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-W, Page 51, Plat Records, Tarrant County, Texas; and being approximately 2.103 acres. A Concept Plan for Gateway Plaza will be considered with this request. (6 ,OCATION: Northeast corner of the intersection of State Highway 114 and East Southlake Boulevard (F.M. 1709) OWNERS: Carlos E. Dorris and John Michael Tate APPLICANT: Lincoln Property Company CURRENT ZONING: "0-1" Office District and "AG" Agricultural District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Nine (9) RESPONSES: None P&Z ACTION: September 3, 1998; Denied(6-1). STAFF COMMENTS: The applicant has met all requirements of Specific Use Permit Review Summary No. 1, dated August 28, 1998, with the exception of those listed in the attached Specific Use Permit Review Summary No. 2, dated September 11, 1998. Please refer to Concept Plan for Gateway Plaza City Case No. ZA98-094 regarding this review. Lt.:\COMDEV\WP-FILES\MEM0\98CASES\98-095SU.WPD I fl . .. i • N .. \\* -- J ilitieji ! ,�� 58 O E o 585 AC N._ E AS f`�� ,m sq� ' -7 s ® I. ' 5�R A.5$ • 1R2 3 1 •1- t , .� i .410 0 0 4{j A AC m I : ri.Sp / 2 14 4 BUS 3A �3B •432 0 2.8 AC 4, .6830 K K .32 0 1.208 AC -- - - - - - -- - J. TATE - - - - - - - - -- -- -�, 3 c TR 2 "0_1 " D • 11. .89 0 001;001$1, J TR.88 A �'' LI2.718 ANcW TR 3B � •' 6.406 0 � eill#1--4fris411 "8C-2" = �,� B. BRADFORD 328 .326 0 1 (We TR -1 p`TE OF 1EXPS — — �C� .169i S - TR 381 OF�EXPS \ SB . .054 0 ,,, z a .015 0 f �� S-�A`E ,- 4R2R1g ij ..' �t O TEXAS Bj,� �R�'� wQ w NATIONAL E R. PACK m w 4 BANK O 5A `� '�(-1 " • 0 3 Y I ^ 1.835 AC VI _ N �L `,\V_ ��JJJ 0. 1R1 1R2 1R S0 960caN A 3.352 0 4R2R2 • 6 4 1.3036 0 ,o 1 N B 2 O 5 `'1ER EA5 1.58 AC .1• 5URv 74 4R2R3 A' 9.6527 0 6 s ADJACENT OWNERS zz 3 AND ZONING . . OM IMMENINI MI (111 - i 1 0 11 7 i>�� d 3 1.36 AC CQ .55 AC I \L -J i \k I. L 116, ... cS r. I imi OM �►' ¶ I , N., .! rt. „ ,,,i IL r \ , ligow.17/x,\ 1 - ,P). \. 4 i .1 ..c,,.. _ . ftp,f irir . 0,.., _ # _,,--,i TA s^l 1 1 *P� ry TRACT MAP 8.6-3 1 City of Southlake,Texas IL, SPECIFIC USE PERMIT REVIEW SUMMARY Case No: ZA 98-095 Review No: Two Date of Review: 9/11/98 Project Name: Concept Plan-Specific Use Permit for Gas Station & Car Wash-Gateway Plaza.Being 42.2 acres of land in the T. Easter Survey.Abstract Number 474 and T. Easter Survey.Abstract Number 458 APPLICANT: ARCHITECT: Lincoln Property Company O'Brien&Associates 500 Akard Street. Suite 3300 5310 Harvest Hill Road. Suite 136 Dallas.Texas 75287 Dallas.Texas 75230 Phone: (214) 743 -3100 Phone: (972) 788-1010 Fax:(214)740-3451 Attn. T.McCoy.R.Dozier Fax: (972)788-4828 Attn.Lisa Leslie CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/10/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT.862. Refer to Concept Plan for Gateway Plaza ZA#98-094 regarding this review. 1. Delineate the area of the requested Specific Use Permit(SUP)within this Concept Plan(proposed gas Li station, fuel pumps and car wash in the southeast corner of the property). 2. Label the 6' off-road trail along the north side of F.M. 1709. 3. The following changes are needed regarding driveways ingressing and egressing the site: a. DRIVEWAY SPACING 1. Provide the following required spacing between driveways along F.M. 1709: Drive to Drive or Required Proposed Deficiency Drive to Intersection Spacing Spacing E to F 250'R-I/R-O only 180' R-I/R-O 70' F to S.H. 114 500' • 190 310' 2. Provide the following required spacing between driveways along the proposed Arterial: Drive to Drive or Required Proposed Deficiency Drive to Intersection Spacing Spacing C C4 to CS 250' 165' 85' C5 to S.H. 114 200' 130' 70' sa-4 i City of Southlake,Texas cor, b. All proposed right-in/right-out driveways must be designed to meet the minimum dimensions of the Driveway Ordinance,No. 634,Appendix 5. 4. Change the bufferyard along the proposed arterial to a 10'Type E Bufferyard. 5. Proposed Carwash encroaches the 30' building setback line. In addition to the Corridor Overlay Zone and zoning district regulations, gasoline service stations/filling stations (with or without a convenience store, car wash and other related ancillary uses) shall meet the following requirements and must be addressed on the subsequent site plan submitted and approved prior to the issuance of a building permit: General Criteria • All gasoline service stations on the F.M. 1709 corridor shall be located at signalized arterial intersections as defined in the city's Master Thoroughfare Plan. This requirement is designed to ensure that the supporting street infrastructure can handle higher volumes of traffic during peak hours of traffic loading. The proposed location meets this criteria. • All gasoline service stations on the SH 114 and FM 1938 corridor may be located at either intersection or mid-block. The proposed location meets this criteria. (...„ Development Regulations • Residential Adjacency: Gasoline pumps, pump islands, canopies, or car washes, where adjacent to property zoned as single-family residential or designated as low or medium density residential on the city's land use plan, shall maintain a minimum setback of at least one hundred twenty-five (125')feet. NOTE:No residential adjacency. The hours of any carwash operation may be limited when located adjacent to residentially- . zoned property. NOTE:No residential adjacency. No dumpster shall be placed within 50'of residentially zoned property or designated as low or medium density residential on the city's land use plan. NOTE: No residential adjacency. • Lot Area: The minimum area of a lot shall be forty thousand (40,000) square feet, but the Planning and Zoning Commission may recommend and the City Council may require additional lot area to ensure proper internal traffic circulation and appropriate stacking on site. The concept plan does not indicate specific lotting for the gas station lot. C be-5 i City of Southlake,Texas Building Design: cv, • Gabled or Hipped Roof:All service station convenience stores,pump canopies and car washes shall be constructed with a gabled or hipped roof with a minimum pitch of 4:12. No information provided. • Articulation: Service station convenience stores shall meet the articulation requirements of the Corridor Overlay Zone. Pump canopies and freestanding car washes shall be exempted from the articulation requirement.No information provided. • Building Materials: All exterior facades of the convenience store, canopy columns, and car wash shall be constructed of the same material.No information provided. • Floor Area: The minimum floor area of a convenience store shall be 2,000 square feet with each lease space within the convenience store building being a minimum of 500 square feet. Each freestanding car wash or other ancillary building shall have a minimum floor area of 500 quare feet. The building appears to be approximately 2,400 s.f. The free standing car wash appears to be 1,000 s.f. Site Design: • Lighting: A system to light the area of the gas pumps shall be provided. Such lighting shall be designated to light the pump area adequately without becoming an unnecessary nuisance to traffic or to owners of nearby property.No information provided. * Outside display of goods: Outside display of goods shall be prohibited. * Landscaping: Where parking is provided between the building line and any public right-of-way, shrubs obtaining a mature height of three feet or greater must be planted at a minimum spacing of thirty inches 30" on center continuous along all paved edges of the parking or driving areas. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709 or S.H. 114. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records. It may be necessary to process Plat Vacations on the currently platted lots to eliminate unwanted easements. 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,Perimeter Street Fee, Water& Sewer Impact and Tap Fees,and related Permit Fees. * It appears that this property lies within the 65'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. This review is based on the "C3" Zoning District Regulations. 8b- G City of Southlake,Texas * Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements. • Vertical and horizontal building articulation per §43.9C l e, Ordinance 480, as amended. • Masonry requirements per§43.9C 1 a,Ordinance 480,as amended and Masonry Ordinance No. 557. • Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.9C3h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • Residential adjacency standards per§43.11 and Exhibit 43-E on Page 43-15, Ordinance 480, as amended. • Spill-over lighting and noise per §43.12, Ordinance 480, as amended. • Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. (...., 480, as amended. Off-street loading requirements per §36, Ordinance 480, as amended. • Fire lanes must be approved by the City Fire Department. • All buildings must be designed such that no mechanical equipment or satellite dish shall be visible form S.H. 114, F.M. 1709 and any adjacent public right-of-way per Ordinance 480, Section 43.9. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 9/21/98. If not received by that time,no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * Denotes Informational Comment . cc: Lincoln Property Company VIA FAX ABOVE O'Brien&Associates VIA FAX ABOVE Terry Wilkinson 817-488-2420 Fax L:\COMDEV\WP-FILES\REV\98\98095SU2.WPD C . 88- 7 i 0 0 0 0 0101 0 0 0 o 0 0 o o g 1tt0 0 0 0 0 0 0 zBM1Th0O ALM8JO8d N1O3Nfl11 s 1,..111 "i.r:'. s joi � /II lipill s>nat.'�mwnos e sr<�It! I! ! 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J • i • • 4�` / ^� 1fIIllfflfjWlfOJ e._ a.,.:/ �i y , ■ ; i /Glfflfffffff(ff(lffflff40 •wee _I ° II N. w%,\\' 4;'1 I ; i t ■ - 614fffffff�flfff4ffltfelff0 r, _. • r / , I.. . 6.: f4{-.. 7 IfIIHufIiIQ - o f � \�a � i / '4 e Mfflf4ff+fl{l — • f. ,iiii /' / / t lr ^ :um _ • Dt� . :tD c al r ••t- ��o a'k1� • _ III 111111111 41/ 7; U 0.,.;0 ' II Ali" giLL 61 / r 11 I 3./• I �II_o- • - ' • q� adv d\ '1 / j — — _;Iiimlrttrrn . • lmT1T�trtitttnil 'I i / / 7 j�t_ u"�'= 1f(fflfHljf�l _ 0�s"'• �� i ' - fli(II(1�(Nlfll i /, / } _;t�4 �' 1 rl l _ - Ifj 3 ° .i IRI Rf 11illM 1 ii III !; ,/ I /i _ — ' • •-"T,l Plllll,l fts,° a w'.'� .:(Hffl' (Ilf Pf1194L_i ■ t 11111iIllUlt �- - I/ I / J I / I ;n;M.� S _ ' .- 4 a . / g ■i ' J l i ( / ml1 I '11! 7I ig l / / l -Irk • / i 1 # y '4.--<4 :;i0kilti 4 n e. — • r �C• !-:-.. - °!i 1 i 1ml7oi•wn7. t=!. _. : ..___ __________-_-_-L / ;ill, / �-- _.. .�/ � .m i� �� -/:' i `�4 i;'+-!F, 1-- - ;ii_ 1 ... - -! 4 , i iS • Resolution No.98-63 Le Page 1 RESOLUTION NO. S.403 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR .....A919momgmaggyjmiliiip!5mnpmiiiipwrinviiiigA ppNyANIMpl$TOWNSppgakwiAgi ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS Wrataiotgatcigi,oAKIesiotts PAMMIAPPMCANIMPRIMINCIM CITY OF APONAM)WMPIO COUNTY.MARAOCtOrNATO Taimyr 400000)Iytim0MaloilippiiiEcit 40iitxr uctqw$01IIMANTscOuNnanxwiilporgiatiiiimwA ppwrjp$:iii0EmplItieiiiiimMiliglitit,A100RiTOr!5:0F NOM9§$11%/04144•14gpiOsgAgTigtg!xstittrais xmxsyjswi:iilAjmrrnvwgpAmraWixccttjZclt DE wtinitiAlmv00TigouNTYVITIM*iAtCOREilNUTC) pigg!Rwgggpgpgpiipgiiy9Wmgig.Riw;i!::mqt man RECotmspoT~tqpouNMBTExagiiii.ANRBBEfNO OPAOMMAMLYEzmileActes, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS L, DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. _...........WHEREAS, a Specific Use Permit fotAiigooftootgoivaio.mithootts*Aft000ted of wash has been requested by a person or corporation having a proprietary interest in the property zoned as"0-1" Office District and "AG" Agricultural District; and, WHEREAS, in accordance with the requirements of satioiti4:54opyiAtiainito of the - City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. ASpecific Use Permit is hereby granted for 4s*********41:Aig*oionwstoro Liiiiifaes#40 on the property being legally described as tralfRZOWIttigoift Knolls lmojoio Additi*Alraddititiktotbt City of ElotitbiTixtwateriNigglOtitt platerioidt4 . : : ri: : i : : .,: ;:i:ii:;Q;R:i:::,i.ili.:;;F::: ::::::..:,:i; 01V44.1**.klighP000011#40PWWWOVORP140k1.04%.103)ganoxippmmofito3% ovotipiliiiiittiositiiiiviielliiiiiiiiiiiitratipilf bait WiiiiiiittiiikaiiiWaliiiiiiikAddiiiiiipiiii addition to the City of to the plat recoded in Volume 1 tb-i Resolution No.98-63 ce Page 2 • more fully and completely described in Exhibit"A", and as depicted on the approved concept plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 5. SECTION 2. (610, This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1998. CITY OF SOUTHLAKE By:- Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary L LACOMDEV\\WP-FILES\RES ORD\98-63GAS.SUP ga- 10 Resolution No.98-63 Page 3 Le, APPROVED AS TO FORM: City Attorney City of Southlake,Texas C L:\COMDEV\WP-FILES\RES ORD\98-63GAS.SUP i $6-11 Resolution No.98-63 Page 4 Lie EXHIBIT "A" Description for a tract of land in the THOMAS EASTER SURVEY, ABSTRACT NUMBER 474 City of Southlake, Tarrant County, Texas, and being Lot 30R, OAK KNOLLS LAKEVIEW ADDITION, according to the Plat recorded in Volume 388-183, Page 40, Plat Records,Tarrant County, Texas, Together With Lot 31 and a portion of Lot 32, Block E, OAK KNOLLS LAKEVIEW ADDITION, according to the Plat recorded in Volume 388-W, Page 51, Plat Records, Tarrant County, Texas, and Together With a portion of Norcross Road, and being described as one tract by metes and bounds as follows: BEGINNING at a 1/2"iron pin found in the southwesterly line of State Highway 114 for the most northerly corner of Lot 30R; THENCE South 45 degrees 19 minutes 33 seconds East a distance of 107.33 feet along the southwesterly line of State Highway 114 to a 1/2"iron pin set with cap marked,"AREA SURVEYING'at the intersection of said • southwesterly line with the west line of Norcross Road; THENCE South 36 degrees 32 minutes 33 seconds East a distance of 160.80 feet,continuing along the southwest line of State Highway 114 to a 1/2"iron pin set with cap marked,"AREA SURVEYING"in the east line of Norcross Road,said pin lying at the beginning of a curve,concave to the southwest,having a radius of 1,046.12 feet,and a long chord which bears cov 127.12 feet,South 07 degrees 00 minute 04 seconds East: THENCE Southerly along the east line of Norcross Road and along said curve,passing through a central angle of 06 degrees 57 minutes 5 9 seconds,a distance of 127.20 feet to-a 1/2"iron pin set with cap marked, "AREA SURVEYING'in the northerly line of East Southlake Boulevard (Farm to Market Highway 1709); THENCE Westerly along the northerly line of East Southlake Boulevard the following courses and distances: North 86 degrees 50 minutes 18 seconds West passing a Texas Highway Department concrete monument in the west line of Norcross Road,in all,a total distance of 88.36 feet to a Texas Highway Department concrete monument South 84 degrees 36 minutes 53 seconds West a distance of 213.04 feet to a Texas Highway Department concrete monument; South 65 degrees 11 minutes 00 second West a distance of 13.32 feet to a 1/2"iron pin set with cap rtarked,"AREA SURVEYING'in the west line of said Lot 32,Block E,and in the east line of a fifteen feet(15')wide alley, THENCE North 15 degrees 44 minutes 14 seconds West departing the northerly line of East Southlake Boulevard a distance of 272.81 feet along the west line of Lots 32,31 and 30R,and along the east line of said alley to a 1/2"iron pin found for the northwest corner of Lot 30R; THENCE North 65 degrees 53 minutes 53 seconds East a distance of 217.83 feet to the POINT OF BEGINNING,said described tract containing 2.103 acres or approximately 91,619 square feet of land. C L:\COMDEV\WP-FILES\RES ORD 98-63GAS.SUP �642. Resolution No.98-63 Page 5 EXHIBIT"B" I ❑ 0 0 0 0 0 0 ❑ ❑ 0 0 ❑ a ❑ 9 ;i[ qq,t ❑ ❑ 0 0,0 ❑ ❑ ii Z ,� .�I uaaaoaa rno3Nn `p --•—+—'1 i'i_ �� wF � �10 3N311aOTdA.9U Y "� � �t� i.• � ��'.�n�d�: • s # a �( ° �� 17j ! I1 !1: IlitIvzv471v9 ' e .� s3 � ;e I11'I1 z,1 outwit!!! !!!!! , if a 111Etl '"Ltr.1 Z Ii ...'11-1 I t '4- • •6 14 a. 1 i w ~ t r 4011, 1 Ik, I a. ` 'j9� -- --/ ^0 i_ i•. - -9I- . S f-i -r F �. Q i }} iss/ y \ I. '.d1II� ; r ; ' ,u;, III` ,, V�* Imo, ' \. L a 11 / . ; /,,,, ,/, /2 1:- .L,!Ii.-... f:r'----...^-^••*. ,, :: 1.-,•,` '...‘ `7;,-,::'-'"N „..k:.,,,.\ ...is :dg RFR Illii / 1/ / �J r. ° oYf i 9 ' ��,� °'°_i- r' �1 4 wan 11 // /_, ' 111r1rIy • ii.i,,'• •� �\ �-r__ ,t \ apairgiK �" O r� / � ��M II II1• II '°Rgo r {� 7 ' '��y '� 1• 1�4! f / •e•.err, " T. t'Via _1111, Iiai /// :/Iri `{Ikrlliet1 l .Ma:,i: _ w, _ �. i-: 1 i d ! ta- i $ i,"rf•1,ifthlf P I' i,s - • -ii, 1,1 Y `-fib— --L,.1_ , ' t • p � 'I I' a ji • /rt�tiWllj'Y t t of iI .° J1 `� ---4 i 1R I 1 -- t, r ° 1 r a r Inl• r ,, yW _' ,u . ° r 'f o� � '� 1 ° ufIN411°I ■ t l� i Q --d ' 1'i ! - sit�nAn,p�m •..° en•.J r a fi F - /4, Ilu�i•-f IIIt11jj1+e.4 �°o --•o°m. ° o' ''•''''' :'i i i r @ i o° $= 'III Y;./ ° �°a 4 ° m�. 3, ,i r�. i i sill J■ , ,i 11101 S -. a 1e_�a ` ¢�11c III,, ` 4 ;1aa811 `ALA E1; i/ id(-- _� _ ��3 -VA . •(...., li F ova L:\COMDEV\WP-FILES\RES-ORD\98-63GAS°SUP City of Southlake,Texas MEMORANDUM (re September 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization to advertise for bids for the signalization of the intersection of F.M. 1709 and Commerce Street Background Lee Engineering has conducted a warrant study that has shown that a signal is warranted at F.M. 1709 and Commerce St. The CIP budget provides $100,000 for the signalization of this intersection. This item was previously brought to Council on the July 21, 1998 agenda. At Commerce and F.M. 1709 the amount of traffic has increased substantially in the last year providing warrants for the proposed signal. With the addition of the Trammel Crow development, this traffic may increase even more. With the connection to S.H. 26, Commerce St. is an alternate route for residents to travel to S.H. 114 via S.H. 26. Currently, with the amount of stacking at the Wall St. bridge, it is difficult to turn left onto F.M. 1709 from Commerce St. Additionally, the roadway concept for "Gate way Plaza", as developed by staff with the landowners and approved by City Council, extends Northwest Highway from Grapevine to F.M. 1709 at the intersection of Commerce St. The Rezoning and Concept Plan is on this agenda, item 8A, for Council action concerning the location of this street. Please place this item on the September 8, 1998 Regular City Council Agenda for City Council review and consideration. BW/cre Attachment: Map Exhibit D:\Word Files\Streets\Trafficsignals\1709-commerce.doc (we' 10A-1 _______________N .t. �` . ________I•• 9 \tif- ‘NANcl' �— P; Bridge by TX DOT • O' ' Q .1, lik 11114,H1 4, II ... . . . . %, i ` : , e s T raffic .. illitil C;S'CI'. 4 „ga, col d -JA :, ira a gA ,4 K <> wz rs ,%A , 4aYl 'j? 1 Z _ . a shi a t^ -�'Ar.. fii r 'S }M 2 t ry I� I imipt:!.!.:....,:::,,:,,,1,:,,,,..,:.,;;:.",:.;!.:,,,.f.:,,,;!. ...., 9 � 3 L�k I ,S�.l' I itsV, ,4.,:,.._,i,; / ix y rai i ht-� j J' 'I A i� }5 �,� "".E'�"=Vr'%...,, .1. .'X -- u City t..,,,,,,,,,,,„ of1% ___ Southlake�6P 7 • w_ No Scale 10A-2 Public Works-GIS City of Southlake,Texas MEMORANDUM September 11, 1998 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Sign Ordinance variance appeal for a sign for PetsMart located at 200 Village Center Drive, Southlake. Attached is a memo from Charles Bloomberg, a sign variance application, and a drawing depicting the current and requested signage. To summarize the Plans Examiner's memo, PetsMart wishes to place a horse logo above the words "State Line Tack"on their building. The application was filed prior to the adoption of Ordinance No. 704 and we, therefore,believe that this application falls under the guidelines of Ordinance No. 506 and its provisions. However, since this horse logo does not comply with either Ordinance No. 506 or Ordinance No. 704, we are forwarding this appeal to Council. If you have any questions,please contact Charles Bloomberg or me. 6.c. BC/bls Attachments L 10B-1 City of Southlake,Texas MEMORANDUM September 8, 1998 TO: Billy Campbell, Director of Public Safety FROM: Charles Bloomberg, C. B. O., Plans Examiner Cr") SUBJECT: Sign Ordinance appeal re attached signage at PetsMart 200 Village Center Drive I received a variance application from Jim Hagle of Chandler Sign Co. to add a horse logo above the words "Stateline Tack" on their building. The figure is 5' 0" tall and contains 36 square feet in area. You may recall in February of this year there was an appeal for additional signs on this building while it was under construction. They requested a larger sign on the front of the building and an additional sign on the side of the building. That request was turned down by the council at that time. The signage that has been placed on the building and is shown as existing on these drawings complies with sign ordinance no. 506. Please note this application was received prior to the adoption of the new sign ordinance, no.704. cr. William Hutchison of PetsMart has expressed that the tack business in this particular store is doing nsiderably less business than other stores in this region and it was expected to do more because of the number of horses in the area. We have had several discussions and faxes to determine what is the best possibility to work within the sign ordinance. If the council decides to grant this request it would be necessary to grant a variance to section 16 of the sign ordinance no. 506. The present signage is at the allowable limit of sign area and the variance would need to permit the additional 36 square feet. By means of comparison to Ordinance No. 704 the allowable area is reduced from 279 sf to 140 sf and the allowable letter or logo height is reduced from 60 inches to 42 inches. Please schedule this item for the September 15 council meeting. Aubra Palmer, district manager of PetsMart and Keith Hix the store director of the Southlake store will be present to discuss the request and answer any questions the council may have. xc: Paul Ward, Building Official L:\BUILDING\CHUCK\PetsMartSign2.doc 10B-2 AUG-26-1998 1's:e4 FROM CITY OF SOUTFLAKE TO 12149022044 P.04 CITY OF SOCTHLAXE February 6. 1995 SIGN VARIANCE APPLICATION (1100'' A: rrn nrr 08-27_95 P 0 2 :0 2 I OW R (if different) NAM Jim Hagle - Chandler Signs Petapart ADDRESS: 3201 Manor Way Dallas, Texas Phoenix, Arizona • PHONE: 214-902-2000 FAX: 214-902-2044 The following information pirta.i.ns to tjze location for which the variance is being reouested: NAME OF BUSINESS OR OPERATION: P e t smar t PHYSICAL ADDRESS: 200 Village Center Drive . Southlake, Texas LEGAL DESCRIPTION : Lot Block Subdivision I hereby certify that this application is complete as per the requirements of Sign Ordinance No. S0G as summarised below. I further understand that it is necessary to have a representative at the City Council meeting - is authorized to discuss this request, a s any unresolved issue , ankPOV9S p , if any. Applicant's Signature: ' I�/` - v Date: 8-27-98 set*********s**** *tt***t**,***et*,* ********************************************** * *** For City Use Only: I hereby acknowledge receipt of the sign variance application and the appliction fee in the amount of $ on this the day of , 199_. Signed: Title: ***********t*************t*ttt*******t*t*******t****************************************** 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. X Completed sign variance request application. X Completed demonstration of conditions applicable to the requested variance (see attached.) X Site plan showing the location of the sign variance request and any other signs that conform to or are exempt from the sign ordinance. The site plan (or shall also indicate the building, landscaped areas, parking & approaches and adjoining atrnet R.O.W. X Scaled and dimensioned elevations of the signs for which the variance is requested. For attached signs. the elevations shall show the building, the sign for which the variance is requested, and any other signs that conform to or are exempt from the sign ordinance. 10B-3 AUG-26-1998 16:04 FROM CITY OF SOUTHLAKE TO 12149022044 P.05 e Demonstration �e demonstrate that the fo119wincr _conditions are applicable to the sted sign variance: 1. Thdl. a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant. PetSmart has recently incorporated into it's regular business of marketing pet supplies,"State Line Tack", which markets all types of supplies for the Horse market. PetSmart is requesting additional signage in order to market "State Line Tack" products. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. The property currently has one (1) set of plex face channel letters reading "PetSmart", one (1) set of 15" letters reading "Grooming" and "Veterinarian". PetSmart is requesting an additional set of letters reading "State Line Tack" which PetSmart is trying to advertise. L 3 . That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. This additional signage will not be overpowering from the adjacent properties. 4 . That the variance will be in harmony with the spirit and purpose of the sign ordinance. This additional signage will not be proportioned larger than the other retail establishments in the immediate areas. *Note: This.is for the "Horse" logo only. C:\MPF\FORKSVtPPSISZGN VAR.XPD 10B-4 (h..., I H , , r_ : W !- _,_ ti- .. •,• - oA — Na I. ) 0 i / 1 1 , �---0- it W I r_ i-: ,_ I , -__ --1 M _• . I � r 1 ofag, ( r_ _ __ , :., (I- 1 1 ind__ageloii .11 v. _ tr i lig in o "'[7:011"4, it \,___, i 4 1 I T I W.14' I Ili . 1 u 1 I LS i _ I Y2.3 1 JL !_ a0-4 , � i Z..1.4 I J _ 0 mi I EllimiiIFo Le C r)__ cg .E-,8 { .o s.ij 10B-5 City of South lake,Texas MEMORANDUM Le• September 10, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Interim Director of Parks and Recreation SUBJECT: Ordinance No. 716, Establishing a Library Board Attached is a draft ordinance establishing a Library Board for the City of Southlake. With the recent plans to construct a library in the Town Hall, establishment of a Library Board will help us to begin planning for the type of facility needed and desired by the residents. Necessarily, this board needs to be formed soon to begin the tasks of facility and program planning. In creating this draft, staff has reviewed ordinances regarding Library Boards from the following cities: Grapevine, Keller, Denton, North Richland Hills and Fort Worth. The draft ordinance is also modeled after the Park Board ordinance. Please place this item on the City Council agenda for discussion at the regular meeting on September 15, 1998. Please call me if you have any questions. (1115w' KH Attachment: Draft Ordinance No. 716, Establishing a Library Board Ii/7 �! a DRAFT (hol ORDINANCE NO. 716 AN ORDINANCE ESTABLISHING A LIBRARY BOARD FOR THE CITY OF SOUTHLAKE; ESTABLISHING THE NUMBER OF BOARD MEMBERS AND THEIR TERMS OF OFFICES, ESTABLISHING QUALIFICATIONS; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE LIBRARY BOARD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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 Library Board for the City of Southlake, to act as an advisory board to the City Council relating to all nature of library facility planning and programming; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. Creation of Library Board. There is hereby established the Library Board for the City of Southlake, Texas, hereinafter referred to as the "Board." (re Section 2. Number of Board Members, Qualifications and Terms. The Board shall consist of seven (7) citizens of the City of Southlake, Texas, and who shall be appointed by the City Council for two (2) year terms, provided three (3) members shall be appointed each odd- numbered year and four (4) members be appointed each even-numbered year. Members shall serve without compensation until their successors are appointed. Places on the Board shall be numbered one (1) through seven (7). The City Council if it deems it desirable, may appoint ex-officio members to the Board. Such ex-officio members shall be appointed on an annual basis and the term of office of such ex-officio members shall be one year from the date of appointment. Such ex-officio members shall have no voting authority. 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 select from the members a chairman and vice-chairman who shall serve 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 of each month. b. Manner of holding and calling of special meetings. C 1 lid -a DRAFT 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 Chair 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 Library Board shall be to: a. Act in an advisory capacity to the City Council in all matters pertaining to library facility planning and programming, 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 library planning and programming. c. Recommend policies for library services. d. Recommend the adoption of standards for public library facilities and their financial support. (we. e. Solicit for the library gifts, revenues, bequests, or endowments of money or property, subject to the approval of the Board and acceptance by City Council. f. Receive requests for public funding for educational purposes of any public or private person, persons, associations or business entities, and to forward such request with recommendation to the City Council. g. Review the annual operating budget and capital improvement requests relating to library programs prior to submission by the City Manager to the City Council, and submit a recommendation on the budget. Section 5. 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. Section 6. 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. C." m:\WP-FILES\Library\library-ord.doc 2 DRAFT Section 7. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 716 or any other ordinances affecting city libraries 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 8. 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 9. 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. ther 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: C CityAttorney Y M:\W P-FILES\Library\library-ord.doc 3 ///3 - q J H Ct-�NL r ZWN�O �OJWis7 W J J J 3 r ppy,�A�v,��pyA ��ll�Otgta�C� EXgw"�51N�,tlil'1'rlXE� s" Y p1.t�Ea SER�N�T'� gtR �Z EX�St�tlJa LXEO lJs� 1-709 F M' SO OF t OF A S O plflR �� S NORTH PROPERTY LINE S in A' =- + • LOT 2, BIOCII A EXISTING ZONING 7 Lr,w NWSTgAL DISTIOCr 1-U.P. . NDUSTIMAL SITE PLAN SCALE P - 2 0 20 O O 40 60 GRAPHIC SCALE SITE PLAN SITE DATA SUMMARY CHART LONCErT MN FOR 'S F - P ZONING RFOUEST. PROPOSED NEW ZONING. 'S F - r L.U.D.' = LOCAL RETAIL COMMERCIAL DISTgLT E(SYM ZONING T LIGHT INDUSTRIAL DLSTRLT —Ora USE TET HDSFRAL' (SMALL ANIMAL HOSPITAL) LOT AREA: 340b S.F. (.78 ACRES) TOTAL AREA OF OPEN SPACE MOVDER I.674 S.F. FERCENTAGE OF WE COVERAGE 50LOW COVERAGE 15 % OF TOTAL LOT AREA (S.LOO S.F. / 34018 = IS L) LANDSCAPED AREA 3..I00 S.F. (PERCENTAGE OF TOTAL LOT AREA . 1028 L) TOTAL AREA OF OPEN SPACE FODVIVEP. W4 S.F. (3431 L LOT AREA) BUILDING AREA: MAN FLOOR. 5,100 S.F. SECOND L EVU Id00 S.F. TOTAL AREA + GOOD SF. — rAOMW REQUIRED: ONE SPACE / 300 SF.. 6000 1300 = 20 SPACES RAIMING FRONDED 2D SPACES Or I r4 t , I I / , t I I I / I / 1. I M I 1 I 1 r I I I I 8 1 � 1 m- tflU J I 2�N�t~L I 2_N�-¢ 1 r 1 1 yJX�G -� tJl 4 Wta 1 JJ al 1 I I I I 1 I I I IO X 10 DU.ISTER I AREA IMTN B' MASONRY SCREENING ENCLOSURE WITH GATE (MASONKY TO MATCH BUILDING) PARKING LOT KACT: 40 L REWIRED PARKING LOCATED DETWEEN BUILDING FACADE AND RO.W. PARKING LOT LANDSCAPING AREA REOURNED 16 SF. I STALL = 12 STALLS X b = 216 51. REQUIRED SW S.F. PROVIDED %UTHL I BOULEVOO cF.14 17091 W N U SUMMARY CHART - 15UFFEKYARD5 PARK PLACE PET HOSPITAL LOCATION / REOUR:ED / LENGTH 5UFFERYARD CANOPY ACCENT SHIM055 FENCE / SCREENING LENGTH OF PROVIDED WIDTH / TY7E TREES TREES HEIGHT 6 MATERIAL BASELINE NORTH RFLVRD 146 20 -0 t0 4 24 M - HF.OGE. 2 PROVIDED 146 20-0 10 4 24 EAST REOURD 215' NONE NOW NONE NONE PROVIDED 219 9 SOUTH REOURD Z7- NONE NONE NONE NONE PROVWED 137 9 (VEST REOURD 179 NONE NONE NONE NONE PROVIDED 179 NONE COMMENTS: — I. WRATH OF ENTRANCE DRIVE WAS DEDUCTED FROM THE LENGTH OF THE BIRFERYARD. 2. WHERE PARING IS rROVMD BETWEEN THE BUILDING SETBACK LINE AND PUBLIC ROW, SHRUBS OBTAINING A MATURE HEIGHT OF THREE FEET (3') OR GREATER. MUST BE MINTED AT A MAXIMUM SPACING OF THRRY INCHES ("I) ON CENTER COHTUNLWUS ALONG ALL PAYED EDGES OF PARKNG AREAS. 3. A MINIMUM OF 50 L OF ALL CANOPY TREES PLANED ON THE SITE SHALL. BE r N CALIPER AND 50 L MUST BE 4• N CALIPER. THIS INCLUDES PLANTINGS N BUFFERYAROS AS WELL AS INTERIOR SITE SUMMARY CHART - INTERIOR LANDSCAPE LANDSCAPE AREA 'I OF AREA N FRONT OR SIDE CANOPY TREES ACCENT TREES 51-RUB5 GROUND COVER SO. FT. REOUIRED 2550 5.F. 751 4 9 43 255 PROVIDED 3,500 5.F. 76 L 4 9 43 255 OWNER: OR. TOM HOLBROOK 2100 WEST NORTFME5T HIGHWAY, SUITE 2IT7 GRAPEVINE, TEXAS 76051 617 488-9199 PLAN PREPARED BY: FLOYD C. NAVE AND A550CVATE5 ARCH[TECT5 PLANNE95 4100 FELPS SUITE A COLLEYVII.LE, TEXAS 76034 617 498-0767 Na O N CO N O LL z LEGAL: LOT NO. IM BLOCK 'A' COMMERCE BUSINESS PARK• AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS. ACCORDING TO THE PLAT AREA MAP m d KFCORDED IN CABINET'A' SLIDE 2552 PLATE RECORDS. TARRANT COUNTY, TEXAS. Z 29M EAST SOUTHLAKE BOULEVARD. LL I- SOUTHLAKE. TEXAS 76M Q N U NORTH DATE OF PREPARATION: JUNE 4.1998 REVISED JULY 13.1998 ffn AUG 2 41998 KEVSED JULY 24.1998 REVISED AUG 24.1998 b o = W O = W ; V41 M < a o = u W 1L W i m W W ~ m Z M r W N Z. > W i Q F- 4 Z a 0 p D.. K V ~ y W W 0 ljb J v o NORTH ELEVATION SCALE 1 / 4" = f0 NOTE d1lIDNG FACADE 100 % MASONKY (FACE 6"E AND KOM) Q F-1 8 Q^I LL (f) U O Z ZU LU W w W U a 39 J o � Y Q < 0- SELECFW S' -P t V-P t ?a •¢' 8'-P Y"t-P tl'-P 2B' P IZ P 6' -P WE5T ELEVATION SCALE 1 / 4' = f4 1998 Y < X W H N iAI CGLIP —r ati� ii lu A AS SELECTED = N • W N < o Q F- s IIIII 1 L FACE 69XPL AS SELECTED a L - _ N ti W � ' id cn - -- SELECTED17 LL, 2 4' - CT 1 9 6' I I I EAST ELEVATION i SCALE 1l4' _► -O SOUTH ELEVATION SCALE 1 I P = f - CT Pt ECID ' G 2 4 19g8 V J Q H S � O i t nW LL JW U . Q j J Y Q c L J