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2001-07-17 CC PacketCity of Southlake, Texas MEMORANDUM July 17, 2001 To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Ordinance No. 804, 1ST reading, amending Chapter 18, Article III, Section 18- 80, of the Southlake City Code, to include a portion of South Carroll Avenue, East Continental Boulevard and Breeze Way adjacent to Old Union Elementary School, as a designated school zone and a portion of South Kimball Avenue adjacent to George Dawson Middle School and Cleburne Eubanks Intermediate School, as a designated school zone. Action Requested: Staff recommends that the City Council approve Ordinance No. 804, amending Section 18-80 of the Southlake City Code, to include a portion of South Carroll Avenue, East Continental Boulevard and Breeze Way as a designated school zone at Old Union Elementary School and a portion of South Kimball Avenue as a designated school zone at George Dawson Middle School and Cleburne Eubanks Intermediate School. Background Information: Carroll Independent School District will open the new Old Union Elementary School on August 15, 2001. As the access to the school is off South Carroll Avenue, East Continental Boulevard and Breeze Way, a school zone has been requested. On August 15, 2001, the Cleburne Eubanks Intermediate School will open with access off South Kimball Avenue and in August 2002, the George Dawson Middle School will open with access off South Kimball Avenue. A school zone has been requested for the two schools that are on the same campus. Southlake City Code, Chapter 18, Article III, Section 18-81 Revision of limits; procedure status: "The speed limits, as established in the article, may be revised from time to time by ordinance adopted by the City Council." Therefore, the attached ordinance provides for a school zone and changes the speed limit to 20 MPH between 30 minutes before and after the opening of school and between 30 minutes before and after the closing of school in the above locations. The purchase of school flashers was included in the 00/01 CIP and the purchase of the flashers was approved by City Council on June 5, 2001. The Public Works Department crew will install the flashers and necessary signs using the City funds. Crosswalks will be added on the streets at the appropriate locations. Financial Consideration: The Council awarded the contract for the purchase of the necessary school flashers on June 5, 2001. The Public Works Department personnel will install the flashers with appropriate signing, when the flashers are delivered. Citizen Input/ Board Review: Not applicable Legal Review: City Attorney has reviewed the ordinance. Alternatives: The only alternative would be to not have school zones. Supporting Documents: Ordinance Exhibit map Staff Recommendation: Please place on City Council agenda for July 17, 2001 for lst reading. The City Staff recommends approval of Ordinance No. 804. Staff Contact: Charlie Thomas, P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 PF/ta I ORDINANCE NO. 804 AN ORDINANCE AMENDING SECTION 18-80 OF THE SOUTHLAKE CITY CODE BY ADDING A PROVISION ESTABLISHING THE SPEED LIMIT FOR THE SCHOOL CROSSING AT OLD UNION ELEMENTARY SCHOOL, GEORGE DAWSON MIDDLE SCHOOL, AND CLEBURNE EUBANKS INTERMEDIATE SCHOOL; 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 PUBLICATIONS 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 545.356 of the 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 WHEREAS, the City Council of the City of Southlake recognizes that it is necessary to regulate traffic near schools to promote the safety of children going to or from school; and WHEREAS, the City Council of the City of Southlake deems it necessary to provide a reduced speed limit for a period of time that is of sufficient length to protect children going to and from school; and WHEREAS, the Director of Public Safety and Director of Public Works have conducted an engineering and traffic investigation to determine reasonable and safe prima facie speed limit for all school zones; and WHEREAS, the results of the engineering and traffic investigation indicate the need to alter the prima facie speed limits listed in Section 545.352 of the Texas Transportation Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS. 3 SECTION 1. That Section 18-80 of the Southlake City Code is hereby amended by adding the following underlined provisions to the existing table in Section 18-80: School Crossing Zone Street Speed Limit Old Union Elementary School 900 South Carroll Avenue through 20 1100 South Carroll Avenue 1100 East Continental Boulevard Through 1400 East Continental Boulevard 900 Breeze Way through 1100 Breeze Wav George Dawson Middle School; 200 South Kimball Avenue 20 Cleburne Eubanks Intermediate Through 600 South Kimball Avenue School SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation, who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 4 SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 642, as amended, or any other ordinances affecting prima facie speed limits on roadways within the city limits that have accrued at the time of the effective date of this ordinance; and as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Southlake is hereby 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 (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 7. 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 , 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2001. MAYOR ATTEST CITY SECRETARY EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney School Zone Locations I RESOLUTION NO.01-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, DECLARING AN EXTENSION ON THE 180 DAY MORATORIUM OF AN ADDITIONAL 60 DAYS TO BRING ALL EXISTING OUTSIDE STORAGE, DISPLAY AND SCREENING INTO COMPLIANCE WITH ORDINANCE NO. 480-HH., 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, on September 19,1989, the City Council of the City of Southlake adopted the Comprehensive Zoning Ordinance No. 480, as amended, which incorporates regulations for specific use permits; and WHEREAS, The City Council of the City of Southlake has determined that the outside storage regulations are in need of review and believes that it will take several months to develop sufficient information to determine whether it is appropriate to amend Ordinance 480HH regarding regulations for outside storage on non-residential properties; and WHEREAS, the City Council on February 20, 2001 declared a 180 day extension on the amortization deadline to bring all outside storage, display and screening into compliance with requirements of Ordinance 480HH and established a new amortization date of August 19, 2001; and WHEREAS, the City Council believes that is necessary and appropriate to extend the amortization deadline an additional 60 days beyond the August 19, 2001 date to bring all outside storage, display and screening into compliance with requirements of Ordinance 480HH to allow additional review by the Planning Commission and City Council on possible revisions to the outside storage regulations. WHEREAS, the City Council desires to maintain the status quo within the City until such time as the Planning and Zoning Commission and the City Council have had a reasonable opportunity to study, discuss, review and consider amendments; and 0 WHEREAS, a new amortization date will be established to bring existing outside, storage, display and screening into compliance with the outside storage regulations once the City Council has had an opportunity to complete its study and possible revisions of the Outside Storage Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. There is hereby declared to be an additional 60 day extension to the August 19, 2001 amortization deadline to bring all outside storage, display and screening into compliance with requirements of Ordinance 480HH. SECTION 2. This extension of the previously established amortization deadline date shall be considered in full force and effect upon its passage and for a period not to exceed 60 days unless terminated prior to that time by action of City Council. SECTION 3. The Planning and Zoning Commission is directed to expeditiously review amendments to the Zoning Ordinance, conduct public hearings, and initiate proper procedures for consideration of adoption of amendments to the Zoning Ordinance regulating Outside Storage, display and screening on non-residential property. SECTION 4. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 2000. ATTEST: Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE BY: Rick Stacy, Mayor City of Southlake • ! Department of Planning STAFF REPORT July 13, 2001 CASE NO: ZA01-050 PROJECT: Lot 4R1-4R7, Green Meadows Subdivision REQUEST: Latigo Property No. 22 is requesting approval of a plat revision. ACTION NEEDED: 1. Conduct public hearing 2. Consider plat revision request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-050 BACKGROUND INFORMATION OWNER/APPLICANT: Latigo Property No. 22 PURPOSE: The purpose of this request to subdivide a 12.672 acre lot into seven lots. PROPERTY SITUATION: The property is located at the northeast corner of the intersection of Crooked Lane and East Continental Boulevard. HISTORY: The original plat and zoning were approved in 1974. A plat revision was approved in 1998. LEGAL DESCRIPTION: Lot 4R, Green Meadows Subdivision, being 12.672 acres. LAND USE CATEGORY: Industrial CURRENT ZONING: "I- I" Light Industrial P&Z ACTION: July 5, 2001, Approved (6-0) Subject to Plat Review Summary No. 3, dated June 29, 2001. P&Z SPEAKERS: None STAFF COMMENTS: Attached is Plat Review Summary No. 3, dated June 29, 2001. The applicant has met all the requirements of previous plat reviews. N ACommunity Development\WP-FILES\M EMO\2001 cases\O 1-050PR Ldoc Case No. Attachment A ZA01-050 Page 1 Vicinity Map Green Meadows Subdivision, Lot 4R 1000 0 1000 2000 3000 Feet N W E Case No. Attachment B ZA01-050 Page 1 I City of Southlake • • Department of Plannin! r STAFF REPORT July 13, 2001 CASE NO: ZA01-080 PROJECT: J.J. Freshour, Lot 11 REQUEST: L.L. Wesley is requesting approval for a zoning change. ACTION NEEDED: Consider first reading zoning change. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owner Map (D) Surrounding Property Owner's Responses (E) Ordinance No. 480-371 STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-080 BACKGROUND INFORMATION OWNER/APPLICANT: L.L. Wesley PURPOSE: The purpose of this request is to bring the property into compliance with city subdivision and zoning regulations, given the existing tract size, in conjunction with the platting of this property. PROPERTY SITUATION: 2775 Florence Road HISTORY: A single lot plat has been submitted and approved by the city staff pending an appropriate change of zoning approval. LEGAL DESCRIPTION: Tracts 3D 1, 3D2A, and 3D2 of the J.J. Freshour Survey, Abstract No. 521, being 5.0 acres. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -IA" Single Family Residential District P&Z ACTION: July 5, 2001; Approved (6-0). P&Z SPEAKERS: None STAFF COMMENTS: A change of zoning to the "SF-lA" single family district does not require a concept plan. The city staff has approved a single lot plat for this property subject to approval of an appropriate change of zoning. NACommunity Development\WP-FILES\MEMO\2001cases\01-080Z.doc Case No. Attachment A ZA01-080 Page 1 Vicinity Map J. J. Freshour No. 521 Add., Lot 11 1000 0 1000 2000 3000 Feet in N S E Case No. Attachment B ZA01-080 Page 1 Surrounding Property Owners J. J. Freshour No. 521 Add., Lot 11 Owner Zoning Land Use Acreage 1. S. Nair 1. SF -IA 1. Low Density Residential 1. 5.00 2. O. Scon ers 2. AG 2. Low Density Residential 2. 1.00 3. Newcastle Properties 3. AG 3. Low Density Residential 3. 1.82 4. P. Johnson 4. AG 4. Low Density Residential 4. 1.72 5. K. Bur hart 5. SF-20A 5. Medium Density Residential 5. 0.70 6. W. Roe ka 6. SF-20A 6. Medium Density Residential 6. 0.49 7. D. Brown 7. SF-20A 7. Medium Density Residential 7. 0.46 8. G. Clark 8. SF-20A 8. Medium Density Residential 8. 0.46 9. T. Lai 9. SF-20A 9. Medium Density Residential 9. 0.63 10. S. Vasandani 10. SF-20A 10. Medium Density Residential 10. 0.46 11. T. Caranci 11. SF-20A 11. Medium Density Residential 11. 0.70 12. City of Southlake 12. CS 12. Public/Semi-Public 12. 5.00 13. R. Thiel 13. SF-1B 13. Low Density Residential 13. 1.39 14. K. Wood 14. SF-1B 14. Low Density Residential 14.100 15. T. Ketchem 15. SF-lB 15. Low Density Residential 15. 1.60 Case No. Attachment C ZA01-080 Page 1 Case No. Attachment A ZA01-080 Page 1 Surrounding Property Owners J. J. Freshour No. 521 Add., Lot 11 NOTICES SENT: Fifteen (15) RESPONSES: Two (2) responses were received from within the 200' notification area: • Troy L. Ketchem, 2839 Florence Rd., Southlake, TX, in favor, "It will improve the property appearance." (Received June 27, 2001) • Opal Sconyers, 2700 Florence Rd., Southlake, TX, in favor. (Received July 6, 2001) Case No. Attachment D ZA01-080 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-371 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 3D1, 3D2A, AND.3D2 SITUATED -IN,THE' J.J. FRESHOUR SURVEY,; ABSTRACT NO. 521, AND BEING APPROXIMATELY., .fl ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" 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 Xl, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person Case No. Attachment E ZA01-080 Page 1 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 Case No. Attachment E ZA01-080 Page 2 original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, 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 3D1, 3D2A, an'3D2 situated in the J,J. Freshour Survey, Abstract No. 521, and being approximately '5.0 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF4A" Single Family Residential District. Case No. Attachment E ZA01-080 Page 3 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, Case No. Attachment E ZA01-080 Page 4 Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any 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 Case No. Attachment E ZA01-080 Page 5 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 , 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY Case No. Attachment E ZA01-080 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA01-080 Page 7 EXHIBIT "A" STATE OF TEXAS COUNTY OF TARRANT That WHEREAS, L. L. Wesley is the owner of a part of the J. J. FRESHOUR SURVEY, Abstract No. 521 situated in the City of Southlake Tarrant County, Texas; embracing all of the 5 acres Tract described in the deed to L. L. Wesley recorded in volume 1477, page 347 of the Deed Records of Tarrant County, Texas and described by metes and bounds as follows: Beginning at the northwest corner of said 5 acres Tract in the approximate centerline of Florence Road and in the north line of the said FRESHOUR SURVEY, from which a 5/8" capped iron set bears south 30-77/100 feet. Thence east, along the north line of said 5 acres Tract, 156-30/100 feet to the northeast corner of said 5 acres Tract. Thence south, along the east line of said 5 acres Tract at 30-77/100 feet passing a 5/8" capped iron set in all a distance of 1393-50/100 feet to a 60 d nail in fence corner post found for the southeast corner of said 5 acres Tract. Thence west, along the south line of said 5 acres Tract, 156-30/100 feet to a 3/4" pipe found for the southwest corner of said 5 acres Tract and the southeast corner of the 5 acres Tract described in the deed to the City of Southlake recorded in volume 9145, page 46 of the said Deed Records. Thence north, along the west line of said 5 acres Tract and the east line of said City of Southlake Tract, 1393-50/100 feet to the place of beginning and containing 5 acres. The basis for bearings is the west line of said 5 acres Tract per deed call. Case No. Attachment E ZA01-080 Page 8 City of Southlake, Texas MEMORANDUM TO: SPDC Board of Directors FROM: Sharen Elam, Director of Finance, Ext. 1713 SUBJECT: Resolution No. 01, 053 A resolution by the City Council of the City of Southlake, Texas, relating to the "Southlake Parks Development Corporation Sales Tax Subordinate Lien Revenue Bonds, Series 2001"; approving (i) the resolution of the Southlake Parks Development Corporation authorizing the issuance of such Bonds and (ii) the execution, on behalf of the City, of the Financing/Use Agreement relating to such financing by the Corporation; resolving other matters incident and related to the issuance of such Bonds; and providing an effective date. Action Requested: Approval of Resolution No. 01-053 that approves SPDC's resolution to issue sales tax revenue bonds. Background Information: In order to issue SPDC revenue bonds, the SPDC Board must approve a resolution that sets a public hearing date to discuss the projects to be funded by the bonds. The amount of sales tax revenue bonds that can be issued is dependent on the amount of sales tax collected during twelve of the past eighteen months. The SPDC Board will hold a public hearing on the specific projects at a special meetin Tuesday, July 17, 2001 prior to the regular City Council meeting. Also at that meeting, the SPDC Board will consider a resolution to approve the issuance of the $ 1,500,000 sales tax subordinate lien revenue bonds, series 2001. In order for the sales tax revenue bonds to be issued, the City Council must consider a resolution that approves the SPDC's resolution to issue the bonds. This is required under Section 4B of the Development Corporation Act of 1979. The resolution will also include a Financing/Use Agreement with SPDC, in which the Board authorizes the City to construct projects and to invest and disburse funds. Financial Considerations: The sales tax revenue bonds will be repaid on an annual basis by the SPDC sales tax. The debt service amount is submitted as part of the budget process to the SPDC Board each year. Billy Campbell, City Manager July 16, 2001 Page 2 Citizen Input/ Board Review: Public hearing is scheduled for July 17, 2001 at 4:30. Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such has prepared the Resolution. Alternatives: In the absence of issuing certificates, capital projects would be funded on a pay-as-you-go basis. Budgets and the timing of projects would be prioritized based on the amount of revenue projected by fiscal year. Supporting Documents: Resolution No 01-053 Staff Recommendation: Approval of Resolution No. 01-053 A RESOLUTION by the City Council of the City of Southlake, Texas, relating to the "Southlake Parks Development Corporation Taxable Sales Tax Third Lien Revenue Bonds, Series 2001-A"; approving (i) the resolution of the Southlake Parks Development Corporation authorizing the issuance of such Bonds and (ii) the execution, on behalf of the City, of the Financing/Use Agreement relating to such financing by the Corporation; resolving other matters incident and related to the issuance of such Bonds; and providing an effective date. WHEREAS, Southlake Parks Development Corporation (the "Issuer") was created by the City of Southlake, Texas (the "City"), pursuant to the provisions of Section 4B of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended (the "Act"); and WHEREAS, the Issuer is empowered to issue bonds for the purpose of defraying the cost of any "project" defined as such by the Act; and WHEREAS, the Act defines "project" to include land, buildings, equipment, facilities, and improvements found by the Board of Directors of the Issuer to be required or suitable for use for sports and entertainment and public park purposes or promote or develop new and expanded business enterprises; and WHEREAS, the Issuer has determined to finance on behalf of the City a park project involving the acquisition of land, buildings, equipment, facilities and improvements required or suitable for use for professional and amateur (including children's) sports, athletic, entertainment, and public park purposes and events, including stadiums and ball parks (Texas School of Baseball) -(the "Project"); and WHEREAS, Section 25(f) of the Act requires the City Council of the City approve the resolution of the Issuer providing for the issuance of the Bonds no more than sixty (60) days prior to the delivery of the Bonds; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: The Resolution authorizing the issuance of $1,500,000 "Southlake Parks Development Corporation Taxable Sales Tax Third Lien Revenue Bonds, Series 2001-A" adopted by the Issuer (the "Issuer Resolution") on July 17, 2001 and submitted to the City Council this day, is hereby approved in all respects. The Bonds are being issued to finance the acquisition of the Project, which will be located within the City of Southlake and the City agrees that the Bonds will be delivered to the owner of the Project in exchange for title thereto and the City will thereafter be fully responsible for the upkeep, maintenance and use of the Project. SECTION 2: The approvals herein given are in accordance with Section 25(f) of the Act and the Issuer's bylaws, and the Bonds shall never be construed an indebtedness or pledge of the City, or the State of Texas (the "State"), within the meaning of any constitutional or statutory provision, and the owner of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant to Section 4B of the Act) or any other revenues of the Issuer, the City, or the State, except those revenues assigned and pledged by the Issuer Resolution. 45059881_1.doc SECTION 3: The City hereby agrees to promptly collect and remit to the Issuer the Gross Sales Tax Revenues (as defined in the Issuer Resolution) in accordance with the terms of the Issuer Resolution and the Act to provide for the prompt payment of the Bonds, and to assist and cooperate with the Issuer in the enforcement and collection of sales and use taxes imposed on behalf of the Issuer. SECTION 4: The Financing/Use Agreement by and between the City and the Issuer in relation to the Project, attached hereto as Exhibit A and incorporated by reference as a part of this resolution for all purposes, with respect to the obligations of the City and Issuer during the time the Bonds are outstanding, is hereby approved as to form and substance and the Mayor and the City Secretary are hereby authorized to execute and deliver such agreement for and on behalf of the City and as the act and deed of this City Council. Furthermore, the Mayor and the City Secretary and the other officers of the City are hereby authorized, individually or jointly, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. SECTION 5: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 6: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND ADOPTED, this July 17, 2001. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (City Seal) 45059881_1.doc 2 FINANCING/USE AGREEMENT This Financing/Use Agreement (this "Agreement') is made to be effective as of the 17tn day of July, 2001, by and between the City of Southlake, Texas, a duly incorporated and existing municipal corporation and political subdivision of the State of Texas (the "City") and the Southlake Parks Development Corporation, a non-profit industrial development corporation organized and existing under the laws of the State of Texas, including Vernon's Ann. Civ. St., Section 4B of Article 5190.6, (the "Corporation") RECITALS WHEREAS, the Corporation on behalf of the City is to finance a park project involving the acquisition of land, buildings, equipment, facilities and improvements required or suitable for use for professional and amateur (including children's) sports, athletic, entertainment, and public park purposes and events, including stadiums and ball parks (Texas School of Baseball) -(the "Project"); and WHEREAS, such financing contemplates the issuance and delivery of the Corporation's taxable bonds in the principal amount of $1,500,000 to the owners of the land and facilities being financed in exchange for title to such land and facilities; and WHEREAS, the Corporation shall have no duties or responsibilities with respect to the Project other than to provide for the financing of its costs; AGREEMENT 1. Financing of Project: For and in consideration of the City's covenants and agreements herein contained and subject to the terms contained herein, the Corporation hereby agrees to issue a series of obligations to be known as "Southlake Parks Development Corporation Taxable Sales Tax Third Lien Revenue Bonds, Series 2001-A", hereinafter called the "Bonds", and deliver the same to in exchange for title to the Project. 2. Use of Project. Until all the Bonds have been fully paid, discharged and retired, the upkeep and maintenance of the Project will be the responsibility of the City and the Corporation shall have no responsibility with respect to the operation, upkeep and maintenance of the Project. 3. Receipt and Transfer of Proceeds of Sales Tax. The City agrees, in cooperation with the Corporation, to take such actions as are required to cause the "Gross Sales Tax Revenues" (as such term is defined in the resolution authorizing the issuance of the Bonds) received from the Comptroller of Public Accounts of the State of Texas for and on behalf of the Corporation to be transferred and deposited immediately upon receipt by the City to the credit of the banking or monetary fund maintained at the depository designated by the Corporation and known on the books and records of the Corporation as the "Pledged Revenue Fund". 4. Modifications. This Agreement shall not be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge this Agreement in whole or in part unless such executory agreement is in writing and is signed by the parties against whom enforcement of any waiver, change, modification or discharge is sought. 45059875 1.doc 5. Entire Agreement. This Agreement, including the Exhibits, contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertaining to such subject matter. 6. Counterparts. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute the same agreement. It shall be necessary to account for only one such counterpart in proving this Agreement. 7. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect. 8. Applicable Law. This Agreement shall in all respects be governed by, and construed in accordance with, the substantive federal laws of the United States and the laws of the State of Texas. 9. Captions. The section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date and year first above written. SOUTHLAKE PARKS DEVELOPMENT CORPORATION President, Board of Directors ATTEST: Secretary, Board of Directors (Corporation Seal) CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (City Seal) 45059875_1.doc 2 45059875_1.doc City of Southlake, Texas MEMORANDUM July 17, 2001 To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Authorize the Mayor to execute a commercial developer's agreement for Cornerstone Business Park, Phase II, Lot 1, Block 1. Action Requested: Authorize the Mayor to execute a commercial developer's agreement for Cornerstone Business Park, Phase II, Lot 1, Block 1. Background Information: The final plat for Cornerstone Business Park, Phase II, Lot 1, Block 1 was approved on May 17, 2001. Lot 1, Block 1 is located on the south side of South Kimball Avenue across the street from the new CISD stadium. South Kimball Avenue is a four lane divided roadway on the City's Master Thoroughfare Plan. CISD has constructed the full roadway width from Heritage Business Park west through the Silicon Drive intersection, then the north half of the roadway to the west side of the entrance into the bus facility. The City's 2000/2001 Capital Improvement Program is constructing the north half of the roadway from the point where CISD's project ends west through the Continental Boulevard intersection. Trammell Crow has purchased the 25.19 acres and is planning to construct two office/warehouse buildings on the south side of South Kimball Avenue across from the new stadium. The new buildings will be approximately 352,000 square feet. Trammell Crow desires to construct the south half of the roadway from the point where CISD's project ends at Silicon Drive west through their middle driveway which is directly across the roadway from the entrance to the bus facility. This construction will cost them approximately the same amount of money as their roadway impact fee, which is estimated to be approximately $112,000; therefore, the developer is requesting credit for the roadway impact fee. The other public infrastructure covered by this developer's agreement is an on -site water line and fire hydrants to serve the property. Sanitary sewer lines exist along the south and west sides of this property. The property owner is requesting that the City waive the 2% administrative processing fee and the 3% inspection fee for the street construction only, which will amount to approximately $5,600. Financial Consideration: Approval of this developer's agreement will provide the developer with a credit of approximately $112,000 on the roadway impact fee and a waiver of $5,600 on administrative processing fee and inspection fee and eliminate approximately that much cost to the City in the future to construct this portion of South Kimball Avenue. Citizen Input/ Board Review: The Park Board recommends a park fee of $20,152. Legal Review: This is the City's standard commercial developer's agreement originally prepared by the City Attorney. Alternatives: Approve it, deny it or modify it. Supporting Documents: Developer's Agreement Plat Exhibit Location Map Park Board Memo Staff Recommendation: Please place on the City Council agenda for July 17, 2001 for Council consideration and approval. Staff Contact: Charlie Thomas, P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 PF/ta OA flRtSTNELItE F''#E1,.FLUCK COMMERCIAL DEVELOPER AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer' of hereinafter referred to as "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the Addition (a commercial development) and to, the off -site improvements necessary to support the Addition. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letter of credit or cash escrow will be supplied to the 3 City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned herein above which are intended to be public facilities shall be vested in the City, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire Agreement shall occur at such time that the City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved, and are being accepted by the City. E. On all public facilities included in this Agreement for which the Developer awards his own construction contract, Developer agrees to the following procedure: Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water , 146` ��- and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, 61„4r,e and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the Addition so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. 5 FACILITIES A. ON -SITE WATER The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans ,,. and specifications to be prepared by Developer's engineers, released by the Director of Public Works, the City, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA and TNRCC requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS The street construction in the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. The Developer will be responsible for: a) Installation and two year operation of street lights, which is payable to the City prior to final acceptance of the Addition; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b) Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c) Installation of all regulatory signs recommended based upon the Manual on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means, the City is only responsible for replacement of standard signage. 2. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON -SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and Impact Fees. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. E. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build- up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the Addition. F. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. H. START OF CONSTRUCTION s Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public. Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A Pre -Construction Meeting to be held with all Contractors, major Sub -Contractors, Utilities and appropriate Government Agencies. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. 9 DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his or her own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. 10 In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES A. OFF -SITE DRAINAGE - NIA B. OFF -SITE SEWER N% C. OFF -SITE WATER D. PARK FEES E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. F. SIGNED AND EFFECTIVE on the date last set forth below. I 12 STATE OF COUNTY OF On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS in Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 13 (SEAL) REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letters of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. 14 In Al NE ORR Ll Via .1 PIP � s N u L y 1 yC } 0 Q¢.1 N x 63 K-P" o m i } �yF�•1, F6GI7 yM FI� .4tu z J $ g ( z r it s T F yG 1 T- . � A deA16 � i � •l_ _'t 4 _ lilt flit 1 �11 g — --- �Sz:,>• ••, —vTAY.2i00 ri it T •u "'4 .9L90 N -. y� �\ fff� l.� �•-ter-_-_-_____ -� • 15 I I fa 16 MEMORANDUM July 10, 2001 TO: Charlie Thomas, City Engineer FROM: Chris Carpenter, Senior Park Planner SUBJECT: Recommended Park Dedication Requirements — Lot 1, Block 1, Cornerstone Business Park, Phase II At their July 9, 2001, meeting, the Parks and Recreation Board considered a recommendation to accept the payment of fees in lieu of parkland dedication as meeting the park dedication requirements for Lot 1, Phase II, Cornerstone Business Park, Phase II, a 25.19 acre non-residential development. The required land dedication for this development is .50 acres of park land. The equivalent in park dedication fees for this addition, at $800 per gross acre (x) 25.19 acres is $20,152. Section 7.05(A)(1) of the City of Southlake Subdivision Ordinance states the following: "The City Council shall, upon recommendation by the Park Board, determine the applicability of a developer's payment of fees in lieu of the land dedication requirements of this section." ■ The Parks and Recreation Board at their July 10, 2001, meeting approved (5- 0) a recommendation to the City Council that the park dedication requirements for this development be met through payment of fees in lieu of parkland dedication in the amount of $20,152. Please note also that Section 7.07 of the City of Southlake Subdivision Ordinance specifies that the recommended park dedication assessment by the Parks and Recreation Board is subject to the approval of the Planning and Zoning Commission and/or the City Council, and is dependent upon the number of dwelling units (residential) or developed acreage (non-residential). Therefore the above recommendation is subject to change dependent upon further review of a particular development or changes to the proposed development that affect the fee criteria, if any. CLC cc: Malcolm Jackson, Chief of Building Services Bruce Payne, Planning Director Kevin Hugman, Community Services Director 17 City of Southlake, Texas MEMORANDUM July 17, 2001 TO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 2421) SUBJECT: Request for Approval of Change Order No. 4 to CMPA, Inc. for the Department of Public Safety — West Facility — City of Southlake Project No. 00-3320. Action Requested: Consider approval of Change Order No. 4 to CMPA, Inc. Background Information: The City of Southlake entered into an agreement with CMPA, Inc. for the construction of the Department of Public Safety — West Facility on December 12, 2000. In February 2001, Council approved Change Order No. 1 in the amount of $11,868.00. In May of 2001 Council approved Change Order No. 2 in the amount of $6,800.00. In June, Council approved Change Order No. 3 in the amount of $7,700.00. Change Order No. 4 is necessitated as a result of the following issue: Item #1— Installation of the 2-inch Gas Main Currently, two gas mains lie adjacent to the DPS West site; one along the north side of FM 1709 and one along the west side of Randol Mill. During the design phase of the project, the architect planned to connect to the gas line along FM 1709 and run the service from there to the DPS facility. When TxU Gas was contacted to install the gas service line for the facility, they informed the Contractor that the facility would be served from the Randol Mill line and that the gas company would only install the service to the Randol Mill right-of- way line and set the gas meter there. Given the security issues of the facility, Staff felt like the gas meter should be installed near the building rather than out by Randol Mill. Installation of the meter adjacent to the building rather than near Randol Mill will make the meter much more secure and much less susceptible to damage by vehicular traffic. Therefore, Staff requested that TxU install the service all the way to the building and set the gas meter at the building. TxU proposed to do this for approximately $20,000.00. Given this amount, Staff investigated other alternatives for installing the line. Since Wright Construction, Inc. is a certified installer for TxU Gas, and since Wright is the utility subcontractor to CMPA on the project, Staff requested a Billy Campbell, City Manager July 17, 2001 Page 2 of 5 proposal from Wright Construction to install the gas line. Wright, through CMPA, submitted a proposal to install 610 linear feet of 2-inch gas line for an additional $4,758.00. PSA and staff have reviewed this proposal and find it to be acceptable. It is recommended that this change be approved for an increase of $4,758.00. Financial Considerations: The Contract currently provides a "Contingency" item in the amount of $150,000.00. If approved, these changes can be included under this "Contingency" item and no change in the Contract Amount or the Contract Time will occur as a result of these changes. The balance of the Contingency Citizen Input/ Board Review: Legal Review: Alternatives: Supporting Documents: Staff Recommendation: item is as follows: General Conditions — Contingency Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Balance in Contingency None None $I50, 000.00 <I1, 868.00> < 6, 800.00> < 7, 700.00> < 4, 758.00> $118, 874.00 This Change Order No. 4 must be approved in order to ensure dependable and secure gas utilities for the DPS West facility. Change Order No. 4 Staff has reviewed this proposal and finds it to be acceptable. It is recommended that this change be approved for an increase of $4,758.00. Place the aforementioned Change Order No. 4 on the July 17, 2001 City Council Agenda for Council review and consideration. r Billy Campbell, City Manager July 17, 2001 Page 3 of 5 CHANGE ORDER Dated: June 5, 2001 OWNER'S Project No. 00-3320 Architect's Project No. 4156.10 Project Department of Public Safe Building— West Facility OWNER City ofSouthlake Contract for Construction of the DPS West Facility Contract Date: 12112100 To: Contractor You are directed to make the changes noted below in the subject contract: LIM CinZofSouthlake, Texas Owner Billy Campbell No. 4 Title: Ci1y Manager Date: 2001 Nature of the changes: Field modifications as follows: Installation of 2-inch Gas Line (RFP# 11) 1 LS Install 2-inch Gas Line @ 4,758.00 = Total General Conditions — Contingency Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Balance in Contingency $4,758.00 $4, 758.00 $150,000.00 <$11, 868.00> <$6, 800.00> <$7,700.00> <$4,758.00> $118,874.00 Billy Campbell, City Manager July 17, 2001 Page 4of5 These changes result in the following adjustment of contract price and contract time: Contract Price Prior to this Change Order $ 3,375,500.00 Net Increase Resulting from this Change Order Current Contract Price Including this Change Order Contract Time Prior to this Change 365 days (Days or Date) $ 0.00 $ 3,375,500.00 Net Increase Resulting from this Change Order 0 days (Days) Current Contract Time Including this Change Order 365 days (Days or Date) The above changes are recommended: The above changes are recommended: Phillips Swagger Associates Architect/Engineer Lo Date: 12001 City oiSouthlake City 0 Title: Construction Manager Date: NSPE-ASCE 1910-8-B (1978 Edition) The above changes are accepted: CMPA. Inc. Contractor 0 2001 Date: 2001 Billy Campbell, City Manager July 17, 2001 Page 5 of 5 City of Southlake, Texas Billy Campbell, City Manager July 12, 2001 Page 2 of 6 ■ Non -Departmental Events - Hosted by private non-profit organizations through the City. Financial Consideration: The proposed Revenue Policy will provide staff a greater ability to track expected revenues and expenses. Citizen Input/ Board Review: The Parks and Recreation Board unanimously approved at their June 11, 2001 meeting, recommending the revised Revenue Policy to City Council for approval. Legal Review: Not Applicable Alternatives: Alternatives include the following: ■ Acceptance of the proposed revisions. ■ Provide input towards further revisions of Revenue Policy. Supporting Documents: Copy of proposed Revenue Policy regarding recreation programs and events. Staff Recommendation: City Council approval of the revisions to Revenue Policy. Billy Campbell, City Manager July 12, 2001 Page 3 of 6 Parks and Recreation Division Policies and Procedures Manual Policy: Parks and Recreation Division Revenue Source: Parks and Recreation Board Category: Recreation Effective Date: Revised Date: PURPOSE The purpose of this policy is to provide guidelines for determining pricing and revenue recovery for recreational programs and events. Southlake Parks and Recreation Division provides residents a diverse selection of recreational programs, parks, and facilities. Programs include leisure and educational classes, leagues, and special events. SCOPE Program pricing and revenue policies will apply to recreational programs offered by the Southlake Parks and Recreation Division. Program pricing is based upon the recovery of administrative service costs (indirect costs) and direct costs. Staff will evaluate the fee schedule on an as needed basis. This will allow for flexibility in responding to market conditions, competitive pricing, customer demands, and other critical situations. Pricing for Parks and Recreation programs and services will be consistent with the revenue policy as periodically recommended by the Parks and Recreation Board and approved by City Council. STATEMENT OF PHILOSOPHY The City's recreation and special events philosophy is to offer residents a wide variety of lifetime leisure activities including introductory, skill building, family and community centered, educational, social and entertainment opportunities. The City's sports philosophy is to provide residents the opportunity to participate in recreational lifetime sports, with emphasis on everyone playing, learning technical skills, enjoying team spirit, while enjoying the challenge of competition and the game. The City recognizes, however, that a demand for all services exceeds the City's ability to appropriate funds to support the demand, making it necessary to charge fees for those services that provide individual benefits. GENERAL GUIDELINES • Current markets in the public and private sectors shall be included for consideration in pricing programs, services and facilities. • Appropriate direct and indirect costs shall be considered in the pricing formula. • Specialized and individual -benefit programs such as classes or exclusive use of facilities may Billy Campbell, City Manager July 12, 2001 Page 4 of 6 be priced to recover all direct costs associated with that specific program or service. • Admission fees may be charged to attend special performances or events which may include entertainment, access to unique facilities or to events requiring extra supervision or maintenance. DEFINITIONS Administrative Service Costs (indirect costs) - includes, but is not limited to, scheduling, marketing, registration, and accounting functions; encompasses all aspects of offering the program including City of Southlake staff time. Direct Costs - includes, but is not limited to, costs directly associated with holding the program such as instructor payments, participants t-shirts or uniforms, facility rental, awards, etc. Total Cost Recovery - occurs when all direct and administrative costs are recovered for a specific program or service. Net Revenue - includes revenue remaining after administrative service costs and direct costs have been deducted. PROGRAMS Contract Recreation Programs Contract recreation programs are defined as instructional programs in which outside instructors are contracted to teach at designated facilities. Instructors are independent contractors and are not employees of the City of Southlake. Instructors may be required to provide liability insurance naming the City of Southlake as an additional insured and provide a Certificate of Insurance obtained from an agent. Participants enrolling in a recreation class/program pay a set fee to participate. The City of Southlake collects all fees and pays the instructor 80% of fees collected except in special circumstances approved by the City Manager. If a portion of the class fee includes a supply fee, the instructor is reimbursed 100% of supply fee. Class fees are based upon current market pricing for comparable classes. Percentage is split based upon the cost of recovering identified direct costs and administrative service costs. Southlake Parks and Recreation Division contract recreation programs are open to residents and non-residents. Should enrollment become restricted, residents will be given first choice. Examples of contract recreation programs might include art classes, pre-school, youth, teen and adult classes, science camps, sports camps, swim team, track team, Mini -hawk programs, etc. Billy Campbell, City Manager July 12, 2001 Page 5 of 6 City Managed Recreation Programs City managed recreation programs are defined as instructional programs in which city employees manage the program. Participants enrolling in departmental recreation classes pay a set fee to participate. Program fee is based upon current market pricing for comparable programs. [Program participation fees are established and intended to recover 100% direct costs and 1 S % of indirect costs.] Southlake Parks and Recreation Division city managed recreation programs are open to residents and non-residents. Examples of city managed recreation programs might include Southlake Saturday Nite, Mini Dribblers, Summer Camp Mania, Teen Camp, Snack with Santa, Sweetheart Dance, etc. City Managed Sports Leagues Examples of city managed sports leagues might include In -line hockey, flag football, youth and adult basketball, adult softball, volleyball, etc. [League participant fees are established and intended to recover 100% direct costs and 20% of indirect costs associated with offering the league.] Youth Sports Associations Youth sports associations are defined as an organization that provides athletic opportunities to residents. Youth sports associations are independent associations who enter into an agreement with the City of Southlake to use athletic facilities. Youth sports associations will be required to pay the City of Southlake a set field maintenance fee to cover a portion of direct and indirect costs for lighting and maintaining fields in playing condition as determined by facility usage agreement. Special Events Special events are those which bring the community together to celebrate an event or holiday. A nominal fee may apply on event or event activities that require participation limitations or the exchange of goods and services. Examples of special events might include Holiday Celebration, July 4t' Celebration, Easter in the Park, Harvest Fest, Movies in the Park, Masterworks, etc. [The City will attempt to recover 10% of direct and indirect costs depending on the event.] Special events are funded through the City budgeted funds and/or corporate sponsors. Non -Departmental Events Billy Campbell, City Manager July 12, 2001 Page 6 of 6 Non -Departmental events are hosted by private non-profit organizations through the City of Southlake. Non -Departmental events might include Town Square events, T.A.A.F. tournaments, BCI tournaments, and tournaments hosted by youth sports associations that require City staff support. [These events cover 100% of direct and 10% of indirect costs.] TYPES OF FEES The Parks and Recreation Divisions shall charge the following types of fees: Admission Fees Includes charge to enter an event, i.e. Southlake Saturday Nite. Program Fees Fees charged for city managed and contract programs. Rental Fees Costs for the exclusive use of a specific facility, athletic field, hockey court, pavilion or picnic area, etc. Charges are based on local market conditions. Field Maintenance Fee Costs associated with the maintenance of a specific outdoor athletic facility. Youth sports associations pay a fee that is established and intended to cover a percentage of direct costs associated with these services. Sales Revenue Revenue associated with the operation of concessions. A net profit is usually gained from this venture. SCHOLARSHIP POLICY It is the policy of the City of Southlake that no individual shall be denied participation in a recreation program because of inability to pay. A scholarship program has been developed through donations to assist those with need. PROGRAM REFUND POLICY Our refund policy is "100% satisfaction guaranteed." Paid participants enrolled in Southlake Parks and Recreation Division programs may request a full refund prior to the second class date. After the second class date, refunds will be issued on a pro -rated basis. Any refund check process requires two (2) to three (3) weeks before delivery. Supply fees will not be refunded for supplies received and kept by the participant. Building Construction Costs S.F. Recreation Center 36,455 $4,374,626 Sub Total Building Construction Costs $4,374,626 Furnishings & Equipment Unique Spaces Game Room Office FF&E General Equipment Subtotal Site Construction Costs (parking lot, landscaping, utilities, walks $10,000 $ 110,000 $240,000 $360,000 Parking and paving $180,000 Landscape $80,000 Utilities $150,000 Subtotal $410,000 Sub Total Estimated Project Costs: $5,144,626 Contingency $514,463 Bidding, Construction & Inflation 10% Total Cons ruc an Costs t K, . ,. �= 598 © 9 Note: Cost Based on a March 2002 Bid Date 96013\P2\SQ FT 6-29.)ds SOUTHLAKE RECREATION PRELYMINARYPROGRANI 11 Number of Area Name Staff Size Unit Area spaces Area Lobby Waiting 500 Toilets 130 2 260 Control/Checkout Desk 2 1002 120 1 120 Storage Room lOxl2 120 1 120 Office 1 1Oxl3 130 1 130 Staff Desks 2 6x10 60 2 120 Work/Copy 6x9 54 1 54 1,304 Net Area 25% Circulation of Gross Area (NET/75)*25 435 1,739 Gross area of this Activity Community Services Offices Director Office 1 12X18 216 1 216 Admin. Sec 1Ox10 100 1 100 Waiting 1Ox20 200 1 200 Conference (10) 12X 16 192 1 192 Work/Copy 1Ox10 100 1 100 Break(6)/lockers(12) 15X15 225 1 225 Work Room(5 Stations) 480 1 480 Storage Room 150 1 150 Recreation Staff 12X16 192 5 960 2,623 Net Area 20% Circulation of Gross Area (NET/80)*20 656 3,279 Gross area of this Activity Toilets/Lockers Toilets/Lockers 1,200 Family Changing 8x10 80 2 160 1,360 Net Area 25% Circulation of Gross Area (NET/75)*25 453 1,813 Gross area of this Activity Gameroom Gameroom 34x46 1564 1 1,564 Vending 13x26 338 1 338 1,902 Net Area 15% Circulation of Gross Area (NET/85)* 15 336 1,902 Gross area of this Activity Gym Basketball Courts (2) 10000 1 10,000 Seating 6x53 159 2 318 Storage Net Area 15x25 375 1 375 10,693 10% Circulation of Gross Area (NET/90)* 10 1,188 11,881 Gross area of this Activity 96013\P2\SQFT8-29.xls SOUTHLAKE RECREATION CENTER PRELIMINARY PROGRAM AREAS July 11, II Number of Area Name Staff Size Unit Area spaces Area Walking/Running Track 1Ox400 4000 1 4,000 Stretching Area 9x58 522 1 522 4,522 Net Area 10% Circulation of Gross Area (NET/90)* 10 502 Gross area of this Activity 5,024 Other Activity Areas Aerobics Room (24) 1700 1 1,700 Storage room 20x10 200 1 200 Cardiovascular/Weights 3500 1 3,500 Meeting Room (100) 15 100 1,500 Divider Wall 25 2 50 Storage Alcove 8x12 96 1 96 Kitchenette 5x12 60 1 60 Climbing Wall 200 1 200 Toilets (singles) 6x9 54 2 108 7,414 Net Area 20 % Circulation of Gross Area (NET/80)*20 1,854 9,268 Gross area of this Activity Other Areas Baby-sitting/Toddler Waiting 2502 800 1 800 Storage Room 7x8 56 1 56 Toilet (child size) 5x8 40 1 40 896 Net Area 20 % Circulation of Gross Area (NET/80)*20 224 1,120 Gross area of this Activity Building Support Janitor Closet 9x13 117 1 117 Mechanical 1 Ox10 100 1 100 Electrical 9x 12 108 1 108 Phone / Data 5x8 40 1 40 365 Net Area 15 % Circulation of Gross Area (NET/85)* 15 64 429 Gross area of this Activity TOTAL BUILDING 36,455 96013\P2\SQFT8-29.x1s r City of Southlake, Texas MEMORANDUM July 12, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 1527) SUBJECT: Approval of Southlake Library Collection Development Policy Action Requested: City Council approval of Southlake Library Collection Development Policy. Background Information: The Library Board and City staff have been working to develop some of the necessary policies and procedures for the operation of the library. The policies have been developed by a sub -committee consisting of Library Board Chair Maria Cameron, Board Member Karen Cienki, and library staff. The committee reviewed local library policies, American Library Association (ALA) handbooks, and Texas Library Association (TLA) policy information. The proposed Collection Development Policy covers a variety of areas regarding the selection of library materials. It states that the selection and purchase of library materials rests with the Library Administrator and library staff and that they will adhere to accepted professional practices when making decisions. The policy also addresses popular books, textbooks, paperbacks, and non -book formats such as video and compact disks. The CREW method, along with other accepted practices, will be utilized to cull the collection and dispose of items no longer suitable for circulation. The general public may submit a written request for reconsideration of materials should they take issue with an item(s) in the collection. The initial request for reconsideration would be considered by the Library Administrator, and if requested by the patron, forwarded to the Library Board for further review and consideration. Financial Considerations: Not applicable. Citizen Input/ Board Review: The Library Board reviewed and recommended to City Council for approval (6-0) the proposed Library Collection Development Policy at their April 11, 2001 meeting. Legal Review: The City Attorneys have reviewed the applicable policies and their comments have been incorporated. Alternatives: Alternatives include: • Provide comments and/or proposed revisions. Supporting Documents: Supporting documents include the following items: Billy Campbell, City Manager July 12, 2001 Page 2 of 4 • Proposed collection development policy Staff Recommendation: City Council approval of proposed Southlake Library Collection Development Policy. Billy Campbell, City Manager July 12, 2001 Page 3 of 4 Southlake Public Library Board Policies and Procedures Manual Policy: Collection Development Policy Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in terms of collection development. Policy Statement The Southlake Public Library provides materials and services to support the informational and educational needs of the citizens of Southlake. The primary functional roles that support this mission are 1. Popular Materials Library and 2. Preschoolers' Door to Learning. Secondary roles are 1. Independent Learning Center and 2. Community Information Center. These functional roles will be considered in the development of the collection and will receive priority in the allocation of resources and funds. Selection and purchase of library materials rests with the library administrator who may delegate some responsibilities to other staff members. Staff will adhere to accepted professional practices when making selection decisions. First, the recreational, educational, and informational needs of the community will be considered in selecting materials. Before the beginning of each budget year, the administrator will determine how funds will be allocated among the major collection subdivisions (e.g., picture books, adult non-fiction, fiction, youth collection, reference, periodicals, non -print). Circulation statistics and counts of in-house use of materials will be maintained to assist in decision making. Average cost per item, as determined by the previous year's purchases and reports in library and publishing journals, will also be considered in allocating funds. Materials will be selected based on positive reviews in professional journals or actual examination and evaluation of materials. Instead of reviews, popular demand (bestsellers, school bibliographies, and local interest) may be used as the criterion for selection of materials. Items that must be updated every year may be placed on a standing order list to ensure timely delivery. Suggestions from the community for items to be considered for purchase are strongly encouraged, but materials must meet selection criteria. The Southlake Public Library does not attempt to acquire textbooks. Multiple copies of popular books, (eg. bestsellers, resume guides, tax preparations) may be purchased to meet demand. Paperback books will be purchased when available to meet short-term demand. The library will attempt to have information available in a variety of formats (book, non -book, magazines, etc.) when available and practical. Generally only one copy of materials in other formats (video, compact disk, computer program, etc.) will be purchased unless Billy Campbell, City Manager July 12, 2001 Page 4 of 4 ong-term high demand is anticipated. Video and audio recordings will be selected for potential long-term use to meet general interests. Regardless of an item's popularity, the library may choose not to select it, because its format is not durable enough to withstand reasonable library.use, or it would require excessive staff time to maintain. Materials that no longer fit the stated service roles of the library will be withdrawn from the collection. This may include materials that are damaged, include obsolete information, or are no longer used. Decisions will be based on accepted professional practices, such as those described in The CREW Method, and the professional judgement of the library administrator or designated staff. When necessary, local specialists will be consulted to determine the continued relevance and reliability of materials. Items withdrawn from the collection will be disposed of in accordance with local law, which permits discarding into the trash, recycling of paper or transfer to the Friends of Southlake Library for sale. No items may be sold or given directly to individuals or groups. Discarded magazines and newspapers may be given to other area libraries or socials service agencies at the discretion of the library administrator. The Southlake Public Library welcomes comments and suggestions regarding the continued appropriateness of materials in the collection, especially concerning outdated materials. Suggestions will be considered and utilized by the library in the ongoing process of collection development. Individuals may take issue with library materials that do not support their tastes and views. Staff is available to discuss concerns and identify alternative materials that may be available. If a patron's concern is not satisfied through discussion with staff, a formal, written request for reconsideration of materials may be submitted to the library administrator. Copies of this form are available at the reference desk or from the administrator's office. The Southlake Public Library is not a judicial body. Laws governing obscenity, subversive materials, and other questionable matters are subject to interpretation by the courts. Therefore, no challenged material will be removed solely for the complaint of obscenity or any other category covered by law until after a local court of competent jurisdiction has ruled against the material. No materials will be knowingly added to the library collection that has been previously determined to be in non-compliance with local laws. For a request for reconsideration to be considered, the form must be completed in full, and the patron submitting the request must hold a valid borrower's card. The administrator will respond, in writing within thirty days of receipt, to the patron's request for reconsideration. The response will indicate the action to be taken and reasons for or against the request. An item will only be evaluated for reconsideration once in an eighteen -month period. City of Southlake, Texas MEMORANDUM July 12, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 1527) SUBJECT: Approval of Southlake Library Computer Service Policy Action Requested: City Council approval of Southlake Library Computer Service Policy. Background Information: The Library Board and City staff have been working to develop some of the necessary policies and procedures for the operation of the library. The policies have been developed by a sub -committee consisting of Library Board Chair Maria Cameron, Board Member Karen Cienki, and library- staff. The committee reviewed local library policies, American Library Association (ALA) handbooks, and Texas Library Association (TLA) policy information. The proposed Computer Service Policy provides consistent guidance for the Southlake Public Library staff in regards to public use of the computers. The policy grants public use of the computers to patrons with a valid Southlake Library card, over twelve years of age, and having a signed computer use agreement on file. Users under the age of twelve must have a parent or legal guardian reserve the computer and accompany them while the equipment is in use. Other guidelines of the policy include, but are not limited to, sign in/out procedures, lengths of sessions, use of paper and personal software, and staff assistance. Financial Considerations: Not applicable. Citizen Input/ Board Review: The Library Board reviewed and recommended to City Council for approval (6-0) the proposed library Computer Service Policy at their April 11, 2001 meeting. Legal Review: The City Attorneys have reviewed the applicable policies and their comments have been incorporated. Alternatives: Alternatives include: • Provide comments and/or proposed revisions. Supporting Documents: Supporting documents include the following items: 0 Proposed computer service policy Billy Campbell, City Manager July 12, 2001 Page 2 of 5 Staff Recommendation: City Council approval of proposed Southlake Library Computer Service Policy. Billy Campbell, City Manager July 12, 2001 Page 3 of 5 Southlake Public Library Board Policies and Procedures Manual Policy: Computer Service Policy Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in regards to public use of computers. Policy Statement Public use computers are available to all who meet the following criteria: 1. The user must be at least twelve (12) years of age. 2. The user must have a valid Southlake Library card or valid driver's license or picture identification. 3. A current signed Computer Lab Agreement must be on file. 4. For children under the age of twelve (12), the parent or legal guardian must reserve the computer and remain with the child(ren) while the equipment is in use. Computer use guidelines: 1. The user must sign in and out at the Reference Desk. 2. Computer sessions will be limited to one hour. 3. The computers will be available until thirty (30) minutes before closing. 4. Paper will be available according to the Fee Schedule. 5. Only one user at a time is encouraged. 6. Reservations will not be taken. Computers will be assigned on a first -come, first -served basis. 7. Library staff is available to assist users but cannot provide in-depth training. 8. Patrons may download information to patron's floppy disks. 9. Patrons may not load personal software. 10. No peripheral equipment may be used on the Library computers with the exception of accommodations per the Americans with Disabilities Act. 11. Users may not attempt to modify, add to, or remove any system element. 12. Users may not attempt or assist unauthorized access to privileged or confidential computer system elements. 13. System maintenance must be performed by authorized persons only. 14. Users must not use the Library's computers for any illegal purpose. 15. Virus checking software is available on Southlake Public Library computers, Billy Campbell, City Manager July 12, 2001 Page 4 of 5 but cannot protect users from all viruses. The Southlake Public Library is not responsible for damage to a patron's disc or computer; nor is it responsible for lost, missing, or incorrectly saved data. If any abuse of privilege, or violation of these rules is observed, the user will be asked to leave and may lose future use privileges. Billy Campbell, City Manager July 12, 2001 Page 5 of 5 CHILD USE OF COMPUTER LAB AGREEMENT I have read the Internet Use Policy and the Computer Lab Use Policy and agree to abide by these policies and procedures. As parent, guardian or other responsible care giver of I give permission for my child to use the Computer Lab and to access the Internet at the Southlake Public Library. I understand that I must accompany my child if under the age of 12. I understand that I, not the Library staff, am responsible for monitoring my child's appropriate use of the Internet and that I am responsible for any damage that may occur through my child's use of the Computer Lab and /or the Internet. Name (Please Print) Date Signature Library Card Number(s) ADULT USE OF COMPUTER LAB AGREEMENT I have read the Internet Use Policy and the Computer Lab Use Policy and agree to abide by these policies and procedures. I agree to pay any repair or replacement cost of equipment or software damaged by myself or by minors for whom I am responsible. I understand that failure to abide by the Southlake Public Library policies and procedures for Internet use and Computer Lab use may result in a one -week suspension of computer privileges. Subsequent violations may result in the loss of any and all library privileges for twelve months. Name (Please Print) Signature Date Library Card Number(s) City of Southlake, Texas MEMORANDUM July 12, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 1527) SUBJECT: Approval of Southlake Information Services Policy Action Requested: City Council approval of Southlake Library Information Services Policy. Background Information: The Library Board and City staff have been working to develop some of the rocedures for the operation of the library. The policies necessary policies and p have been developed by a sub -committee consisting of Library Board Chair Maria Cameron, Board Member Karen Cienki, and library staff. The committee reviewed local library policies, American Library Association (ALA) handbooks, and Texas Library Association (TLA) policy information. The proposed Information Services Policy provides consistent guidance for the Southlake Public Library staff in regards to providing customer service to the public. The policy stipulates that library staff will provide equal effort and confidentiality in regards to meeting the requests for information from the public. Library staff does not interpret information, draw conclusions based on personal convictions, or make judgements on the information given. Furthermore, appraisal, legal, medical, or tax advice will not be given. Reference inquiries will be addressed according to the following priorities: 1) patron requests in person at the library; 2) telephone requests; and 3) en requests received through the mail. Financial Considerations: Not applicable. Citizen Input/ Board Review: The Library Board reviewed and recommended toCityicy at Council eir or app11, roval (6-0) the proposed library InformationServices 001 meeting. Legal Review: The City Attorneys have reviewed the applicable policies and their comments have been incorporated. Alternatives: Alternatives include: Provide comments and/or proposed revisions. Supporting Documents: Supporting documents include the following items: Billy Campbell, City Manager July 12, 2001 Page 2 • Proposed information services policy Staff Recommendation: City Council approval of proposed Southlake Library Information Services Policy. Billy Campbell, City Manager July 12, 2001 Page 2 Southlake Public Library Board Policies and Procedures Manual Policy: Information Services Policy Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in providing customer services to the public. Policy Statement Reference and information service is an integral part of the Southlake Public Library's commitment to serving the needs of the public. Equal effort should be made for all questions regardless of originating source. The confidentiality of the origin of questions should be respected and discussion with others should be restricted to seeking assistance in finding the desired information. The information given should be documented, even when the staff member is sure of the correct answer. Requests for information received from patrons will be answered accurately, completely, and courteously within a reasonable time limit. Reference staff provide information and guidance in the use of materials, but they do not interpret facts, draw conclusions based on personal convictions, or make judgments on the information's moral or aesthetic value. Appraisal, legal, medical, or tax advice will not be given. Reference inquiry priorities are as follows: 1. Patron who visits the library in person will be served on a first -come, first -served basis. 2. Telephone inquiries. 3. Mail inquiries will be handled as time allows, normally within one week. i .t City of Southlake Department of Planning STAFF REPORT July 13, 2001 CASE NO: ZA01-040 PROJECT: Siena REQUEST: On behalf of Joyce Owens and Richard Reutlinger, Paramount Land Development is requesting a zoning change and concept plan approval. ACTION NEEDED: 1. Conduct public hearing. 2. Consider second reading rezoning and concept plan. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Ordinance No. 480-370 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Tara A. Brooks (481-2079) Case No. ZA01-040 BACKGROUND INFORMATION OWNER: Joyce Owens and Richard Reutlinger APPLICANT: Paramount Land Development PURPOSE: The purpose of this request is to obtain zoning and concept plan approval for a 43 lot residential subdivision. PROPERTY SITUATION: This property is located on the north side of Union Church Road, approximately 800' west of Davis Blvd. HISTORY: There is no current development history on this property. LEGAL DESCRIPTION: Tracts 6, 6C4, 6E, and 6FIA in the J. Allen Survey, Abstract No. 18 and being 28.363 acres. LAND USE CATEGORY: Low Density Residential and 100-Year Flood Plain CURRENT ZONING: REQUESTED ZONING: TRANSPORTATION ASSESSMENT: Case No. ZA01-040 "AG" Agricultural and "SF -IA" Single Family Residential "SF-20A Single Family Residential Thoroughfare Plan The Thoroughfare Plan recommends Union Church as a (2) lane, undivided collector with 84' of right-of-way. Existing Area Road Network Union Church - is currently a two (2)-lane undivided east -west roadway. The applicant proposes (2) accesses onto Union Church. The ciinrez t tt arc `cv hits on : hicirf Church: 24hr West Bound (WB) (553 East Bound (EB) (580 WB Peak A.M. 39 7a.m-8a.m. Peak P.M. 68 4 .m.-5 .m. EB Peak A.M. 44 1Oa.m-11a.m Peak P.M. 61 5 .m.-6 .m Traffic Impact Use No. of lots Vtpd* AM- IAM- IN OUT PM -IN PM - OUT Residential 43 412 8 25 28 16 *Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the peak travel Attachment A Page 1 times on Union Church. This development will generate 33 vehicle trips during the A.M. rush hour and 44 vehicle trips during the P.M. rush hour. WATER & SEWER: There are no existing waterlines serving this property. The applicant will have to install a 12" waterline on Union Church Road. A 10" sewer line exists to the east of the property and will have to be extended to the west property line. DRAINAGE: The property lies at the lower end of the drainage basin for this area. There are approximately 175 acres from the north and northwest that drain onto this property, including the Remington Addition. If this runoff is not detained on the Remington Addition, Siena may need to plan for detention. This property lies adjacent to Big Bear Tributary BB-9. Four acres of the eastern portion of this property is located in the 100-year flood plain. This drainage plan shows this 4 acres located in the floodplain to be reclaimed and a new flood plain line is developed. The process to reclaim this area has been started by the developer's engineer. There will be some impact both upstream and downstream of this property. The extent of the improvements needed and the impact to upstream and downstream properties is not known. ESTIMATED IMPACT FEES*: Table # 1 Water $79,921.52 Assumes 43 1" Meters Wastewater $49,804.32 (Assumes 43 1" Water Meters Roadway $64,313.81(Roadway Service Area 2 * Final Impact Fees are determined by the Building Services Department at the time of building permit issuance. The fees shown above only represent estimates prepared by the Planning Department. P&Z ACTION: June 7, 2001; Approved (7-0) subject to Concept Plan Review Summary No. 3, dated June 01, 2001, with the following stipulations: 1) Lots 18, 19, and 20 shall meet requirements for lots adjacent to platted "SF -IA" property (min. 30,000 sf lot area, 125' lot width). 2) Live tree buffer will be planted along Lots 1-3, adjacent to the property owned by Mr. Weisman (shown on Attachment E, Page 1) and the deed restrictions for the subdivision will reflect that this buffer will be maintained in perpetuity. 3) In lieu of providing a street stub to Michael Drive (east boundary), the applicant will install a 24' emergency access easement driveway with a locked gate with an approved emergency access entry system. P&Z SPEAKERS: In Favor Qualified In Favor Opposed Other 2 1 COUNCIL ACTION: June 19, 2001; Approved 1st reading (5-2) subject to the Concept Plan Review Summary No. 3, dated June 1, 2001; subject to the recommendation made by Case No. Attachment A ZA01-040 Page 2 the Planning and Zoning Commission; encouraging the developer to go to the adjacent neighbors to work out the issues. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 4, dated July 13, 2001. Ordinance No. 483, Section 8.01 requires a minimum lot width of 125 feet at the rear property line for properties adjacent to property that is zoned, platted or land use designated for residential lots that are greater than 125 feet. It further requires lots that are adjacent to property that is platted and zoned "SF -IA" or "RE" must be a minimum 30,000 square feet. The purpose of these lotting requirements is to create buffer areas between residential properties that are at least an acre and lots which have a greater density. In the proposed Siena Concept Plan, Lots 18, 19, and 20, Block B would be required to adhere to these requirements due to the "SF-1 A" zoning of the property to the east. However, the applicant has proposed a Common Area between the lots in Siena and the lot to the east. The Planning and Zoning Commission recommended the applicant remove the common area and make these lots at least 30,000 s.f. NACommunity Development\WP-FILES\MEMO\2001cases\01-040ZC.cc.doc Case No. Attachment A ZA01-040 Page 3 Vicinity Map Siena Addition 1000 0 1000 2000 3000 Feet Case No. Attachment B ZA01-040 Page 1 LL Cr Z OU CL ZZ Ci CO lit CL 0 Z W, 0 tc;1I .... ....... ti ... ........ E'KVQ� e. 44 ymy JJ S3d '4 'VM U40 ZO WIAWID fl'v'' ta--JV'M'MqIoI%'4N .... ........ ......... .. ..... .. ....... ............ ..................... .. . ..... Case No. Attachment C ZA01-040 Page 1 Case No.: ZA01-040 CONCEPT PLAN REVIEW SUMMARY Review No.: Four Date of Review: 07/13/01 Project Name: Concept Plan for "SF-20A" zoning — Siena Addition being 28.363 acres in the J.G. Allen Survey, Abstract No. 18 APPLICANT: ENGINEER: Paramount Land Development 13800 Montfort, Suite 100 Dallas, TX 75240 Phone: (972) 490-3255 x126 Fax: (972) 991-4949 Attn: David Howell PBS&J 5999 Summerside Drive, Suite 202 Dallas, TX 75252 Phone: (972) 380-2605 Fax: (972) 380-2609 Attn: Linda Jordan CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/09/01 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 TARA BROOKS AT (817) 481-2079. Staff recommends providing a street stub connection to Michael Drive. (The applicant has agreed to provide a 24' Emergency Access Easement with a crash gate.) * Although the lots represented on this plan appear to be in compliance, the applicant should be aware that on the subsequent plats submitted, all lots that abut "SF -IA" zoning or Low Density Residential L.U.D. have 125' width along the rear property line, (See Ordinance No. 483, Section 8.01.E.) and lots abutting platted properties and zoned "SF-1 A" or "RE" must have a minimum 30,000 sq. ft of lot area (See Ordinance No. 483, Section 8.01G.) Lots that are intended to count toward curvilinear requirements must have a minimum centerline radius of 800' and must have 50% or more of the lot frontage on the curve. Denotes Informational Comment NACOMMUNITY DEVELOPMENT\WP-FILES\MEMO\2001CASES\01-040ZC.CC.DOC Case No. Attachment D ZA01-040 Page 1 Surrounding Property Owners Siena i 0 ,0 1 Z 3 4 Case No. Attachment E ZA01-040 Page 1 Surrounding Property Owners Siena Property Owner Zoning Land Use Acreage 1. E. Weisman 1. AG Low Density Residential 1. 13.5 2. E. Weisman 2. AG Low Density Residential 2. 3.10 3. E. Weisman 3. AG Low Density Residential 3. 9.55 4. A. Haney 4. SF -IA Low Density Residential 4. 4.80 5. A. Haney 5. SF -IA Low Density Residential 5. 1.78 6. B. Scribner 6. AG Low Density Residential 6. 1.00 7. R. Van Til 7. AG Low Density Residential 7. .481 8. T. Poteet 8. AG Low Density Residential 8. .519 9. Orlando Concrete 9. AG Low Density Residential 9. 1.00 10. R. Van Til 10. AG Low Density Residential 10. 1.00 11. J. Famiglio 11. AG Low Density Residential 11..520 12. M. Stanfield 12. I-1 Low Density Residential 12. 2.00 13. M. Stanfield 13. AG Low Density Residential 13. 3.02 14. M. Farmer 14. AG Low Density Residential 14..750 15. Northeast Baptist Church 15. AG Low Density Residential 15.2.00 16. R. Woods 16. SF-lA Low Density Residential 16. 1.49 17. J. Mortazavi 17. SF -IA Low Density Residential 17. 1.49 18. J. Mortazavi 18. SF -IA Low Density Residential 18. 2.01 19. B. Couch 19. AG Low Density Residential 19. 1.03 20. R. Pearson 20. AG Low Density Residential 20..870 21. J. Mortazavi 21. AG Low Density Residential 21. 3.08 22. B. Couch 22. AG Low Density Residential 22. 5.00 23. Lifestyles Inc. 23. S-P-2 Low Density Residential 23. 1.92 Case No. Attachment E ZA01-040 Page 2 Surrounding Property Owner Responses Siena NOTICES SENT: Nineteen (19) RESPONSES: Three (3) responses were received from within the 200' notification area: • E. I. Wiesman, 2607 W Southlake Blvd., Southlake, TX, in favor, "The row of cedar elm trees along the north boundary remain in place as a buffer zone." (Received May 30, 2001) • Mark Stanfield, 880 Davis Blvd., Southlake, TX, in favor. (Received May 31, 2001) • A. W. Haney, 400 Brock Dr., Southlake, TX, in favor, "With proper buffering and lot sizes as near to 1 acre as possible, nice homes will be better than industrial development." (Received June 7, 2001) Case No. Attachment F ZA01-040 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-370 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 TRACT 6, 6C4, 6E, AND 6F1A IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18 AND BEING 28.363 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "SF-1A" SINGLE FAMILY RESIDENTIAL TO "SF-20A" 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 Case No. Attachment H ZA01-040 Page 1 District and "SF -IA" Single Family Residential District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a 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 Case No. Attachment H ZA01-040 Page 2 public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Case No. Attachment H ZA01-040 Page 3 Being Tract 6, 6c4, 6E and 6F1A in the Jesse G. Allen Survey, Abstract No. 18, and being 28.363, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "SF-lA" Single Family Residential District to "SF-20A" 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 Case No. Attachment H ZA01-040 Page 4 land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any 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. Case No. Attachment H ZA01-040 Page 5 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. Case No. Attachment H ZA0I-040 Page 6 PASSED AND APPROVED on the 1st reading the MAYOR ATTEST: day of , 2001. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA01-040 Attachment H Page 7 EXHIBIT "A" LEGAL DESCRIPTION SITUATED in the J. Allen Survey, Abstract, No, 18, Tarrant County. Texas, and being all of an 11.0 acre tract of land described ina deed to Richard A. Reutlinger as recorded in Volume 8226, Page 989 of the Deed Recordsof Tarrant County, Texas, and also being all of those certain three tracts describes! -in a deed to Joyce,,Owen as recorded in Volume 13526, Page 1,64 of the Deed Records of Tarrant County, Texas and being more fully described as follows: BEGINNING at a 112" iron rod found in the north line of Union Church Road (variable width right-of-way), at the southwest comer of said 11.0 acre tract, and also being the southeast comer of a tract of land described in a deed recorded in Volume 12111, Page 826 of said Deed Records, THENCE North 00*2752* East, along the west line of the said 11 .0 acre tract, a distance of 1347.79 feet to a 5/8' iron rod found for the northwest comer thereof, same being the northeast comer of a 5 acre tract, and also being, in the south line of a 11482 tract of land described In a deed'to E. I. Wiesman as recorded in Volume 4243, Page 183 of the Deed Records of Tarrant County, Texas; THENCE South 86'33'38* East, along the north line of said 11.0 am tract, a distance of 373.79 feet to a 518' iron rod found for the southeast comer of a 3.10 acre tract described in a dead to E. I. Wiesman as recorded in Volume 4243, Page 182 of the Deed Records of Tarrant County, Texas, same being the southwest comer of a 9.549 acre tract of land described in a deed to E. 1. Wiesman as recorded in Volume 4110, Page 13 of the Deed Records of Tarrant County, Texas, and the northeast comer of said 11.0 acre trad, and the northwest comer of a 16.86 acre tract of land described in a deed to Joyce Owen as recorded in Volume 13526, Page 164 of the Deed Records of Tarrant County, Texas', THENCE South M*531 0" East, along the south line of said 9,549 acre tract, a distance of 362.42 feet to a 112' iron rod found at the northwest comer of comer of Tiffany Acres, and addition to the City of Southlake, Tarrant County, Texas; THENCE South 00*3733' West, along the west line of said Tiffany Acres, a distance of 440.24 feet to a 1/2* -iron rod found for the southwest comer of said Tiffany Acres; THENCE South $8'4757' East, along the south line of said Tiffany Acres, a distance of 317.23 feet to a 112" iron rod found for the the northwest corner of a 2.0 acre tract of [arid described in a deed to Mark W. Stanfield and wife, Melva Stanfield as recorded in Volume 13112, Page 260 of the Deed Records of Tarrant County, Texas-, THENCE South 02*3a1r west, along the west line of said Stanfield tract, a distance of 125.21 feet to a 1/2' iron rod found for the southwest comer of said Stanfield tract; THENCE South 88'35'54* East, along the south line of said Stanfield tract, a distance of 234.70 feet to a 5/8' iron rod found therein, same being the northwest comer of a 3.87 acre tract of land described in a deed to H.A. White as recorded in Volume 1850, Page 382 of the Deed Records of Tarrant County, Texas; THENCE South 11 *3222" West, alongthe west line of said White tract, a distance of 328.21 feet to a 1/2' iron rod found for the southwest comer of said 3,87 acre tract; THENCE South 88'57'48' East, along a south line of said 3.87 tract, a distance of 132.86 feet to a 112' iron rod found for comer in the west line of a remainder tract of an original 12 acres recorded in Volume 1850. Page 382 of the Deed Records of Tarrant County, Texas; THENCE South 01'27'28' West. along the west line of said remainder tract, a distance of 436.42 feet to a 1/2' iron rod found in the north line of said Union Church Road, same being the southwest comer of said remainder tract, and being the southeast comer of the said Joyce Owen 16.86 acre tract: 81 OMSUrvaylegal'28.363.doc f F-CD M1, A R 2 6 200 1 Case No. Attachment R ZA01-040 Page 8 EXHIBIT "A" THENCE North 89'49'11' West, along the north line of said Union Church Road and a south line of said 16.86 acre tract, a distance of 464.62 feet to a I fT iron rod found at the southwest corner of said 16.86 acre tract, andat the southeast comer of Lot 6, J. G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas; THENCE North 01'01'56' East, along the east line of said Lot 8, 8 distance of 435.43 feet to a 1/2" iron rod found for the northeast comer of said Lot 8; THENCE North 87*45"30"West, along the north line of said Lot 8, a distance of 148.22 feet to a 5/8' iron rod found for an angle point: THENCE North 88*25'59" West, continuing along the north fine of said Lot 8, a distance of 366.63 feet to a 112* iron rod found for the northwest comer of Lot 7 of said J. G. Allen No. 18 Addition, same being in the east tine of the said 11.0 acre tract; THENCE South 00*45'08" West, along the east line of said 11,0 acre tract and along the west line of said Lot 7, a distance of 447,87 feet to a 1/7' iron rod found at the southwest comer of said Lot 7, same being the southeast comer of said 11.0 acre tract, and being in the north line of said Union Church Road, - THENCE North 89'43'03' West, along the north line of said Union Church Road, and along the south line of said 11.0 acre tract, a distance of 367.01 feet to the POINT OF BEGINNING and containing 28.363 acres of land. This legal description was written using a combination of surveys provided by Peebles and Associates, and does not constitute an actual on the ground survey. Kl,aOBZ201 81 0MSWYeyVaga1)28.363.doc Case No. Attachment H ZA0I-040 Page 9 City of Southlake Department of Planning STAFF REPORT July 13, 2001 CASE NO: ZA01-039 PROJECT: Secure Source Attached is a letter from the applicant requesting to table this item to the August 21, 2001, City Council meeting. Case No. ZA01-039 I I i „ k 12 C, 1 0 S: 17 p Wendt$ Vann 81?-838-9313 F.1 July 12,2001 FAY—ED City of southww Benjwrfwc L- Br)a= Departmut oRtanning 1400 main St-, suite 310 SoWhWo- Texas 76092 Re: Case ZAOI-W9 Se cm Source, Ire- 1501 and 1475 Rmadol ML Dear Mr- Bryner: Please comjd,,!,- " correspondepce as a forrad request to table Ow above reterammd to dw AugugA. =1 council meeting. If you bane w-ty queaint please c" me at 817-931-6654 or my cell cumber is S17-932-6654, Sincerely. �w Wendy Vamp clwicAon moms, Inc. Carolyn Wilder Marian NicwAw CD JUL 12 2001 Case No. ZA01-039 City of Southlake Department of Planning STAFF REPORT July 13, 2001 CASE NO: ZA01-025 PROJECT: Panda Express REQUEST: On behalf of Panda Management, Inc., Adams consulting Engineers is requesting site plan approval ACTION NEEDED: 1. Conduct public hearing 2. Consider site plan request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Developer Comments (F) Surrounding Property Owner Map (G) Surrounding Property Owner's Responses (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-025 BACKGROUND INFORMATION OWNER: Panda Management, Inc. APPLICANT: Adams Consulting Engineers PURPOSE: The purpose of this request is to get site plan approval in order to build a 2,268 sq. ft. restaurant. PROPERTY SITUATION: This property is located on the east side of North Kimball Avenue, approximately 400' north of East Southlake Blvd.(FM1709), and approximately 150' south of State Hwy. 114. To the north is McDonald's, to the east is Lowe's Home Improvement, to the south is Burger King which is currently under construction, and to the west is Wal-Mart. HISTORY: Activity on this lot includes: • Rezoning (ZA83-026) from AG to HC in August, 1983 • Rezoning from HC to C3 in September, 1989 • Plat (ZA97-142) filed in October, 1998 • Site Plan (ZA98-087) for Lowe's and surrounding property improvements approved in September, 1998 LEGAL DESCRIPTION: Lot 2, Block 1, Kimball 1709 Addition, and being 0.6559 acres. LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "C-3" General Commercial District TRANSPORTATION ASSESSMENT: Thoroughfare Plan The Thoroughfare Plan recommends a 124' right-of-way, 6-lane divided arterial for North Kimball Avenue. Existing Area Road Network State Highway 114 - is currently an east -west four (4)-lane divided roadway that runs to the north of the development. Current Texas Department of Transportation (TxDOT) plans are to improve State Highway 114 from its current configuration to a six (6) lane freeway with full frontage roads in the next two (2) years. This site will have access to the east bound frontage road via a Common Access Easement that runs along the rear of the property. Kimball Avenue - is a two (2)-lane undivided north -south roadway located west of this development. The site does have access to Kimball Avenue via an existing common access drive that runs along the south of the site. If Case No. Attachment A ZA01-025 Page 1 funded in the Capital Improvements Program, the ultimate roadway (6-lanes) is expected to be constructed by the end of 2002. FM 1709 - is an east -west 5-lane undivided roadway with paved shoulders located south of the site. The intersection of F.M. 1709 and Kimball Avenue is signalized. Current plans of TxDOT are to re -stripe F.M. 1709 as a 7-lane undivided roadway. There is a right-in/right-out drive from the Lowe's property that can be reached from this site via the common access easements that run along the south and east of this site. Traffic Impact The proposed development under build -out is projected to generate 1,575 vehicle trips per day. F.M. 1709 and Kimball Avenue are estimated to be currently operating (peak hours) at a Level of Service (L.O.S.) "E" and State Highway 114 is estimated to be operating (peak hours) at a L.O.S. "F". However, the L.O.S. for these roadways will improve once planned construction is complete. According to the Traffic Impact Analysis conducted by Kimley-Horn and Associates, the intersection of Southlake Boulevard and Kimball Avenue is expected to operate at a L.O.S. "B" and the intersection of Kimball and State Highway 114 is expected to operate at a LOS "C" once ultimate roadway construction is completed. The future intersection of Nolen Drive and F.M. 1709 is projected to operate at a L.O.S. "F" once build -out of this site has occurred. Kimley-Horn and Associates has recommended that the future intersection of F.M. 1709 and Nolen Drive be studied for signalization as the tracts of land between 1709 and State Highway 114 develop. The current Kimball Aw�nize are as follouvs.. 24hr I North Bound B (4,824) South Bound (SB) (3,902 NB Peak A.M. (664) 7a.m.-8 a.m. Peak P.M. 341) 5 .m.-6 .m. SB Peak A.M. (227) 11 a.m-Noon Peak P.M. (361) 5 .m.-6 .m. WATER AND SEWER: An existing twelve (12) inch water line is located along the east side of North Kimball Avenue between S.H. 114 and F.M. 1709. An existing eight (8) inch sewer line is also located on the east side of North Kimball Avenue. Both systems have the capacity to serve the proposed development. Case No. Attachment A ZA01-025 Page 2 ESTIMATED IMPACT FEES*: Water $6,090 (Assumes - 2" meter, 1" irrigation meter Wastewater $3,780 Assumes - 2" meter; 1" irrigation meter Roadway $2,283.63(Roadway Service Area 5) * Final Impact Fees are determined by the Building Services Department at the time of Building Permit Issuance. The fees shown above represent estimates prepared by the Planning Department P&Z ACTION: June 7, 2001: Approved to table (7-0) due to incomplete application. June 21, 2001: Approved (5-1) subject to Site Plan Review Summary No. 4, dated June 1, 2001, specifically granting the variances for the pitched roof requirement as well as the masonry requirement. P&Z SPEAKERS: None STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated June 1, 2001. The following variances are requested: • All buildings under 6,000 square feet must have pitched roofs as defined in Ordinance 480, Section 43.12. • All exposed structural support columns shall be constructed of the same masonry material as the principal structure, as defined in Ordinance No. 480, Section 43.9.e. NACommunity Development\WP-FILES\MEMO\2001cases\01-025SP.doc Case No. Attachment A ZA01-025 Page 3 Vicinity Map Panda Express 1000 0 1000 2000 3000 Feet Case No. Attachment B ZA01-025 Page 1 cn Z i 0 J � a Q � ib F- ii LLU gg c y <Q O < p Z g�c 8c Z� m a- Y U Q u� 1�Clt1lt iiiiiiii DE@ESE@@E III �GfCfuC6 RMI i 11fill I I i= m M . . Is I !i �i4d }}f � / � • s Case No. Attachment C ZA01-025 Page 1 Case No. Attachment C ZA01-025 Page 2 419 X11A till, gw COO (0 w x o 1 z 4 1 if Case No. Attachment C ZA0I-025 Page 3 SITE PLAN REVIEW SUMMARY Case No.: ZA01-025 Project Name: Site Plan — Panda Express Review No.: Four Date of Review: 06/01/01 APPLICANT: ARCHITECT: Adams Consulting Engineers CJ Apex 2445 E. Southlake Blvd., Ste. 100 625 Poplar Avenue Southlake, TX 76092 Brea, CA 92821 Phone: (817) 329-6990 Phone: 714-529-1826 Fax: (817) 329-7671 Attn: Rob Adams Fax: 714-529-4189 Attn: George Castaneda CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/21/01 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 TARA BROOKS AT (817) 481-2079. General Development Standards Applies Comments Corridor Overlay Regulations Y See Comments 1 & 2 Residential Adjacency N Building Articulation Y Masonry Standards Y Impervious Coverage Y Bufferyards Y Interior Landscape Y Driveways Y See informational Comments Lighting Y All buildings under 6,000 square feet must have pitched roofs as defined in Ordinance 480, Section 43.12. Please revise the elevation plan or provide a written variance request. (A variance is requested.) 2. All exposed structural support columns shall be constructed of the same masonry material as the principal structure, as defined in Ordinance No. 480, Section 43.9.e. (A variance is requested.) No comments have been made concerning the driveway spacing and driveway throat depth. The driveway for ingress and egress to the site was approved, as shown with the approval of Lowe's Site Plan and Burger King Site Plan. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Case No. Attachment D ZA01-025 Page 1 * It appears that this property lies within the 75 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. 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. 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, 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, Roadway Impact Fees, Water & Sewer Impact and Tap Fees, and related Permit Fees. All variance requests must be submitted in writing to the Planning Department. The applicant must adhere to all regulations of the Lighting Ordinance. Denotes Informational Comment att: Articulation Evaluation Chart cc: Rob Adams, Adams Consulting Engineers, Inc. VIA FAX: 817-329-7671 George, Castaneda, CJ Apex VIA FAX: 714-529-4189 Alex Phelps, Panda Management Company, Inc. VIA FAX: 626-403-8510 NACOMMUNITY DEVELOPMENnWP-FILES\MEMO\2001CASES\01-025SP.DOC Case No. Attachment D ZA01-025 Page 2 Articulation Evaluation No.4 Case No. ZA 01-025 jDate of Evaluation: 06-01-01 Elevations for Panda Express Received: 0-5/21/01 Front - facing: South Wall ht.ht.1 12 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 36 12 -67% Yes 36 12 -67% Yes Min. artic. offset 2 3 50% Yes 2 12 500% Yes Min. artic. length 3 12 300% Yes 3 13 333% Yes Rear - facing North Wal l ht . 12 Horizontal articulation IVertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall len th 36 36 0% Yes 36 36 0% Yes Min. artic. offset wall does not exceed max length Yes wall does not exceeed max length Yes Min. artic. length Yes Yes Right - facing: East Wall ht . 12 Horizontal articulation lVertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 36 22 -39% Yes 36 22 -39% Yes Min. artic. offset 2 3 50% Yes 2 10 400% Yes Min. artic. length 6 16 167% Yes 6 16 167% Yes Left - facing: West lWall ht.ht.1 12 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 36 36 0% Yes 36 34 -6% Yes Min. artic. offset 2 3 50% Yes 2 13 550% Yes Min. artic. length 9 12 33% Yes 8 12 50% Yes Case No. Attachment D ZA01-025 Page 3 POPLAR625 SOUTH TO. CITY OF SOUrHLAKE DAT : 6 AFRIL 200 1400 MAIN STREET, SUITE 3;0 VIA, FED EX SOUTHLAKE, TEXAS 76092 PANDA !OB =: S4-0'-05 BY GEORGE CASTANEDA ATTN: MS. TARA A. BROOKS PROJECT: PANDA EXPRESS 8174812041 KIMBALL AVE, SOUTHLAKE TEXAS TriS ETTER IS TO FORMALLY REQUESTA VARIANCE FOR THE PROPOSED FREE STANDING PANDA EXPRESS ON NORTH C MBALL ROAD NORTH OF BURGER KING PRESENTLY UNDER CONSTRUCTION. THE CORRIDOR OVERLAYZONE COVERING THIS AREA REQUIRES A PITCHED ROOF FOR ALL BUILDINGS UNDER 6,000 FEET AS D:FINED IN ORDINANCE 480, SECTION 43.12. ':S A PRECEDENT TO THIS REQUEST, THE VARIANCE GRANTED TO THE BURGER KING ATTEST TO THE FACT T4AT RESTAURANTS REQUIRE LEVEL ROOF SURFACE TO ACCOMMODATE HVAC UNITS, MAKE-UP AIR UNITS, ROOF ACCESS AND EXHAUST FANS. IN ORDER TO SECURE COMPLETE ROOF SCREEN FOR ALL ROOF EOUIPMENT AND SIMULATED PITCHED ROOF EFFECT WE CONVERTED OUR PROTOTYPICAL UNIT TO A FULLY EX?ENDED MANSARD !MINIMUM ABOVE THE TOP OF BUILT-IN ROOFING?. ALSO WE WOULD LIKE TO REQUEST A ,'ARIANCE FOR THE PATO TRELLIS FINISHES. lAE -RE PROPOSING THE R OTOTYPICAL PANDA EXPRESS PAINTED ROUGH 1 i'ABER COLUMN AND BEAMS. RED SUNBRELLA AWNING 5*1V,ILAR TO THE BUILDING AWNINGS i'WE BELEVE THIS PATIO ELEMENT WILL 'ENHANCE THE EXTERIOR PATIO DINING AMBIANCE THAT HAS BEEN SUCCESSRA-IN*PREVIOUS PROJECT. WE APPRECIATE YOUR CONSIDERATION OF THESE REQUESTED VARIANCES. .`. INY THANKS AND BEST REGARDS ji� GEORGE T. CASTANEDA . PROJ�CT MANAGER MR. ALEX PHELPS, PANDA EXPRESS Architecture &—� Planning EX anents Case No. Attachment E ZA01-025 Page 1 Surrounding Property Owners Panda Express COO Property Owner Zoning Land Use Acreage 1. State of Texas 1. C-3 1. Retail Commercial 1. 1.44 2. State of Texas 2. C-3 2. Retail Commercial 2. 1.48 3. McDonald's 3. C-3 3. Retail Commercial 3. 1.03 4. Lowe's 4. C-3 4. Retail Commercial 4. 14.72 5. Bluebonnet 5. C-3 5. Retail Commercial 5. 1.11 6. V. Stagliano 6. C-3 6. Retail Commercial 6. .12 7. Walmart 7. C-3 7. Retail Commercial 7. 16.51 Case No. Attachment F ZA01-025 Page 1 Surrounding Property Owner Responses Panda Express NOTICES SENT: Six RESPONSES: None Case No. Attachment G ZA01-025 Page 1 I K Kq City of Southlake Department of Planning STAFF REPORT July 13, 2001 CASE NO: ZA01-061 PROJECT: Mirage Car Wash REQUEST: Mirage Car Wash, Ltd. is requesting approval of a revised site plan. ACTION NEEDED: 1. Conduct public hearing 2. Consider revised site plan request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Surrounding Property Owner Map (F) Letters from Neighboring Property Owners (G) Blue Line Copies of Plans (for Commission and Council Members Only) STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-061 BACKGROUND INFORMATION OWNER/APPLICANT: Mirage Car Wash, Ltd. PURPOSE: The purpose of this request is to cover the existing stacking area for drying vehicles. PROPERTY SITUATION: The Mirage Car Wash is located on the east side of N. Davis Boulevard approximately 450' north of W. Continental Boulevard. The only change proposed to the site is the addition of the shade structure. HISTORY: The original site plan and specific use permit for Mirage Car Wash were approved by City Council on June 20, 1995. The approvals preceded the adoption of the Corridor Overlay Regulations. A SUP and revised site plan request for a shade structure was denied on August 15, 2000. LEGAL DESCRIPTION: Lot 2, T. J. Thompson No. 1502 Addition, involving 2.00 acres LAND USE CATEGORY: Industrial CURRENT ZONING: "C-3" General Commercial District P&Z ACTION: July 5, 2001; Approved (6-0) subject to Site Plan Review Summary No. 2, dated June 29, 2001. P&Z SPEAKERS: None STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated June 29, 2001. The applicant has met the requirements of previous reviews. NACommunity Development\WP-FILES\MEMO\2001cases\01-061SP. doc Case No. Attachment A ZA01-061 Page 1 Vicinity Map Mirage Car Wash 1000 0 1000 2000 Feet mmmd Im Case No. Attachment B ZA01-061 Page 1 A City of Southlake Department of Planning STAFF REPORT July 13, 2001 CASE NO: ZA01-027 PROJECT: Hidden Creek Estates, (f.k.a. Haltom Creek Estates) REQUEST: On behalf of James C. Haltom, Brenda J. Haltom, James C. Haltom 1999 GRAT, Four Peaks Development is requesting a zoning change approval. The original request is for a zoning change and development plan for RPUD zoning. The amended request is for "SF-lA" zoning. ACTION NEEDED: 1. Consider public hearing 2. Consider approval of 1" reading for zoning change ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Development Plan Review Summary (E) Developer's Comments (F) Park Board Minutes (G) Surrounding Property Owner Map (H) Surrounding Property Owner's Responses (1) Ordinance No. 480-364 (J) Full Size Plans and PUD Regulations (for Commission and Council Members Only) STAFF CONTACTS: Dennis Killough (481-2073) Ben Bryner (481-2086) Ken Baker (481-2046) Case No. ZA01-027 '1v BACKGROUND INFORMATION OWNER: James C. Haltom, Brenda J. Haltom, James C. Haltom 1999 GRAT APPLICANT: Four Peaks Development PURPOSE: The purpose of this request is to place "Residential Planned Unit Development" district uses and regulations on the property for development of 84 residential lots. PROPERTY SITUATION: On the east side of North Carroll Avenue and the west side of Sunshine Lane, approximately 500' south of East Dove Road. HISTORY: There have been no development activities on this property. LEGAL DESCRIPTION: Tracts 3A1G3, 3A1G, 3A1G5, 3A1G1, 3A1G2, 3A1G4, 3A1F1, 5133, 513, 5132A, 5132, 4E, and 4, Frances Throop Survey Abstract No. 1511; being 95.9 acres. LAND USE CATEGORY: Low Density Residential and 100-Year Flood Plain CURRENT ZONING: "AG" Agricultural and "SF -IA" Single Family Residential District REQUESTED ZONING: "R-PUD" Residential Planned Unit Development TRANSPORTATION ASSESSMENT: Master Thorouehfare Plan The Master Thoroughfare Plan recommends that N. Carroll Avenue be a 3- lane, undivided arterial street with 94' of R.O.W. Adequate R.O.W. has been dedicated. The Master Thoroughfare Plan recommends that Dove Street be a 5-lane, undivided arterial street with 94' of R.O.W. Currently, both these projects are not listed as a CIP project. Existinz Area Road Network and Conditions The proposed site will have one (1) access on N. Carroll Avenue and one access on Sunshine Lane. A street stub will be provided for future access from Dove Street. The proposed plan indicates a center turn lane along Carroll Avenue. N. Carroll Avenue currently is a 2-lane, undivided collector street. It will be expanded to a 3-lane, undivided arterial with enough pavement to be a 5-lane arterial if needed. Case No. Attachment A ZA01-027 Page 1 Sunshine Lane is a 2-lane, undivided local street. There are no plans for major improvements to this street. Dove Street is a 2-lane, undivided collector street. It will be expanded to a 5-lane, undivided arterial street. May, 2000 traffic counts on Carroll Avenue (between Highland and Dove Street): Table #1 24hr North Bound B 1,841) South Bound SB (1,749 NB Peak A.M. 157) 8-9 a.m. Peak P.M. 153 4-5 p.m. SB Peak A.M. (282) 7-8 a.m. Peak P.M. 141 5-6 p.m. May, 2000 traffic counts on Dove Street (between Carroll and Kimball Street): Table #2 24hr West Bound (WB) (2,314) East Bound EB (2,290) WB Peak A.M. (176) 7-8 a.m. Peak P.M. (307) 5-6 p.m. EB Peak A.M. 290 7-8 a.m. Peak P.M. (215) 5-6 p.m. Traffic Impact Use # Units Vtpd* AM- IN AM- OUT PM- IN PM_ OUT Residential 84 812 16 49 55 31 *Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the peak travel times on the surrounding roads. The proposed development will generate 65 vehicle trips during the A.M. rush hour and 86 vehicle trips during the P.M. rush hour. Master Trail Plan Current Trail MasterPlan: The currently adopted Parks Master Trail Plan indicated a six (6) foot off -road trail for bicycle and pedestrian use along the east side of Carroll Avenue. Proposed Trail MasterPlan: The proposed Parks Master Trail Plan indicates an eight (8) foot multi -use trail along the east side of Carroll Avenue and a natural multi -use trail along the Dove Creek flood plain. Case No. Attachment A ZA01-027 Page 2 Park Board Recommendations The Park Board approved the following dedication in lieu of the basic equirement, which would have been 2.38 acres of public park land or $142,500 in fees: 1. Accepting the 20' public pedestrian access dedication (linear park) as shown on the April 5, 2001, Pedestrian Access Plan revision (See Attachmemt C, page 2), including an 8' trail at the applicant's expense within that dedication, except that; (a) the applicant also agreed to place a 20' pedestrian access/maintenance easement from across the street from Lot 4, Block E. 2. Accepting a waiver for the required installation of the required 6' off - road trail on the east side of Carroll Ave. 3. NOT crediting the private pedestrian bridge on the south end toward park credit ($50,000). 4. All other amenities, including area outside the 20' wide pedestrian dedication, are private and to be maintained by HOA. Note: If the P&Z agrees with the Park Board's recommendation to waive the requirement for the construction of a trail on the east side of Carroll Avenue, the P&Z must grant a variance to the requirements of the Trail System Master Plan. DRAINAGE ANALYSIS: The preliminary drainage plans indicate that Dove Creek will be left in its natural state. The proposed area shown as common open space is 100-year flood plain and floodway. The proposed plan does indicate 2 storm sewer pipes being discharged into the creek area and a water line crossing the creek for looping purposes. There are 3 ponds on the property east of the creek. This proposed area in its existing state drains into Dove Creek, which drains north through this site and through the northwest portion of Hunter's Ridge Subdivision. From there, the creek runs through several tracts on Dove Street and into an existing box culvert across East Dove Street. There is a tributary that drains into Dove Creek from the south. This tributary starts at Highland and runs north through whispering Dell Estates Subdivision and joins Dove creek in the common open area. A drainage and flood study will be required on the creek downstream of this development to be submitted with the Preliminary Plat. The trail is to be constructed in the floodplain. However, no construction will occur within the floodway of the creek other than the utility and trail crossings. Erosion control measures will be required to prevent erosion of the creek. Staff recommends that erosion control measures be put in place with the installation of the trail. Case No. Attachment A ZA01-027 Page 3 A study of the downstream areas of the creek will determine what the affect on downstream properties will be and whether detention will be required. If downstream conditions won't handle the increased runoff from this proposed site, the developer will be required by ordinance to detain the increased runoff. WATER & SEWER: There is an existing 6" water line on the west side of N. Carroll Ave. and an existing 8" sanitary sewer line along Dove Creek. There is an existing 8" water line on the east side of Sunshine Lane. The developer will be required to build a 12" water line beginning at the existing 12" line located at the north property line of Johnson Elementary. It will need to extend to the north property line of this site along N. Carroll Ave. ESTIMATED IMPACT FEES*: Table #3 Water $156,125.76 (assumes 84 — 1" simple meters Wastewater $97,292.16 (assumes 84 — 1" simple meters Roadway $125,636.28 (assumes 84 residential units) . Pinal Impact Pees are determined by the building bervices Department at the time of building permit issuance. The fees shown above only represent estimates prepared by the Planning Department. P&Z ACTION: April 5, 2001; Approved (7-0) to table at the applicant's request and to continue the Public Hearing to the April 19, 2001, Planning and Zoning Commission meeting. P&Z SPEAKERS: April 19, 2001; Approved (6-0) to table at the applicant's request and to continue the Public Hearing to the May 3, 2001 Planning and Zoning Commission meeting. May 3, 2001; Denied (5-0). June 21, 2001; Denied (6-0) In Favor Qualified In Favor Opposed Other 1 13 1 13 CITY COUNCIL ACTION: May 15, 2001; Remanded back to Planning & Zoning Commission. STAFF COMMENTS: The applicant has made a request to amend their zoning change application to "SF-lA" single family residential district. The City Council may accept or reject this request and take action either on the original request or the amended request. In the case that the City Council desires to act on the amended request, no plan is required with the "SF -IA" zoning change. If action is taken on the original request, the city staff has included plans and Case No. Attachment A ZA01-027 Page 4 information, along with the Development Plan Review Summary No. 6, dated 7/13/01. Regardless of the action being taken on the original or amended request, due to the recommendation for denial by the Planning and Zoning Commission, as well as surrounding property owner opposition greater than 20%, a super majority vote in the affirmative is required for approval. The development regulations for this plan and the differences from the closest district of Ord. No. 480 are specified in comments 1 & 2 of the plan review. The following key changes have been made to this plan since its last appearance before the P&Z on May 3 and the City Council on May 15: • The lot size of perimeter lots is one acre or more. • The number of lots have been reduced from 94 to 84. • The density has changed from 0.98 dwelling units per acre to 0.88 dwelling units per acre. • A private drive connection has been provided crossing the creek. NACommunity Development\WP-FILES\MEMO\2001cases\01-027ZDP442.doc Case No. Attachment A ZA01-027 Page 5 Vicinity Map Haltom Creek Estates 1000 0 1000 2000 3000 Feet W N S E Case No. Attachment B ZA01-027 Page 1 0 ry_ 9 �115 YHot 3k it #i Lu i`S.ffi k _ ^:.ems► � .# _$ �i a i I W s Case No. ZA01-027 Attachment C Page 1 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA01-027 Revised Review No.: Six Date of Review: 07/13/01 Project Name: Development Plan — Hidden Creek Estates APPLICANT: Four Peaks Development, Inc. 726 Commerce St. Suite 109 Southlake, TX 76092 Phone: 817/329-6996 Fax: 817/481-4074 ENGINEER: Huitt-Zollars, Inc. Ocie Vest 3131 McKinney Ave. Suite #600 Dallas. TX 75204 Phone: 214/871-3311 Fax: 214/871-0757 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/02/01 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 BEN BRYNER AT (817) 481-2086. DEVELOPMENT REGULATIONS The proposed RPUD development regulations for "Lots Less Than 1 Acre" differ from the "SF- 20A" district of the Zoning Ordinance No. 480, Section 14 as follows: a. Side yards — The RPUD provides for 12 Moot side yards. The "SF-20" designation provides for 15 feet. The RPUD also states that for corner lots the side yard shall not be less than twenty-five (25) feet. For corner lots adjacent to a lot with a front yard, the side yard shall be thirty-five (35) feet. b. Rear yard — The RPUD provides for 25 foot rear yards. The "SF-20" designation provides for 40 foot rear yards. If the lot abuts a cul-de-sac, the RPUD provides for 20 foot rear yards compared to 35 feet for "SF-20" designation. Lot Area - The RPUD requires the minimum area if a lot to be 22,000 square feet. "SF-20" designation requires the minimum lot area to be 20,000 square feet. d. Floor Area — The RPUD designates a minimum of 3,000 square feet of floor area. "SF-20" requires a minimum of 1,800 square feet of floor area. 2. The proposed RPUD development regulations for "Lots One Acre or Larger" differ from the "SF - IA" district of the Zoning Ordinance No. 480, Section 11 as follows: a. Maximum Lot Coverage — The RPUD allows 22% maximum lot coverage. "SF -IA" regulations allow 20%. b. Floor Area — The RPUD requires a minimum of 4,000 square feet of floor area compared to 2,000 square feet required in "SF -IA" regulations. Case No. Attachment D ZA 01-027 Page 1 GENERAL REGULATION COMMENTS 3. Lots 2, 8, 9, and 11 in Block'B' are too small. The minimum lot size shall be 22,000 square feet according to the RPUD Development Regulations for lots under 1-acre. 4. Show the street stub into the north property line as R.O.W. dedication rather than "reservation". 5. A trail is required along the East side of Carroll Avenue. (Variance Requested) 6. The current trail configuration shows the trail through Dove Creek connecting to the street system of this development. A trail meeting the Master Trail Plan requirements must be provided through the development to connect with the rest of the creek trail system. (Variance Requested) 7. Staff recommends that the low water crossing shown be eliminated or constructed above the 100- year flood. If it is to remain, provide an emergency and private access easement for the drive. 8. If the low water crossing (or bridge) is not constructed, provide an emergency access easement to Carroll Avenue. INFORMATIONAL COMMENTS * It appears that part of this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. The location for the street stub to the north will be finalized during the processing of both the Preliminary and Final Plats. 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, 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, Roadway Impact Fees, Water & Sewer Impact and Tap Fees, and related Permit Fees. Case No. Attachment D ZA 01-027 Page 2 Four Peaks Development, Inc. July 12. 20s] Mr, Dennis Killough Senior Plattner r1tv of southlake 1400 Main St, Ste 10 Southlake, Texas 76092 RL ZA 0 1 -02 7 Ili dden Creek Estates Dear Dennis- Pi(;ase accept this letter as our formal request to amend the subject zoning case from R-PUID to the less intense use I A. It is our tiWerstandiny, that this case will go before the SotithtAe Litt Council next TuesdaN. the 17"'. Please send or fax me a copy of On agenda for the Council mcvfin—%dicn it is available. Thank you Im yout attention to this matter. DavidMcMaltan 1126 �-'*mrnerce St, Ste. I D9 - Southlake, TX 76092 - (817) 329-6996 - Fax (8 17), 4811-4074 Case No. Attachment E ZA 01-027 Page 1 I-ItN I U1 'NoululaKe, I exab M E M 0 R, A N DIJ; M May 3, 2001 TO: Bruce Payne, Director of Planning FROM: Kevin Hugman, Director of Community Services SLIBJECT: Clarification of the Parks and Recreation Board's recommended park dedication requirements for Haltom Creek Estates (April 9, 2001) The Community Services Department is aware that there was some confusion at the last Planning and Zoning Commission meeting regarding what park dedication requirements were recommended for approval by the Park Board at their April 9.. 2001, regular meeting for the Haltom Creek proposal. Atuiched to this memo are: lriofficial minutes (not approved by the Park Board until May 14) from that meeting concerning Haltom Creek-, and; (2) The "Expense Credit Worksheet" for the development as approved by the Park Board. In summary. the Park Board: (1) Granted full credit for the value of the 20' public easement along Dove Creek and the value for the installation of the 8' public trail within that eascirient, with the remaining 12' of area (6' on either side) around the trail maintained by the homeowners association (22) Required an access easement across from Lot 4 for public and maintenance access (3) Granted $71,250 (no more than 50% of the required $142,500 fee) in credit toward privately owned and maintained open space and small amenity features (4) Waived imstallation of 6' trail on North Carroll right-of-way Please feel free to contact our office with any further clarification needs. Kllicic Case No. Attachment F ZA 01-027 Page 1 6 9 10 11 12 13 14 15 16 17 is 19 20 22 23 24 25 26 27 28 10 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 "UNN-OFFICIAL MINUTES" NOT APPROVED BY THE PARKS & RECREATION BOARD MEMBERS requested within the time frame given, experience in regards to the design and operation of recreation centers, activity centers, and/or related facilities, their ability to display creative proficiency within the concept design while still addressing basic operating concerns and budget constraints, and their experience working with public groups, city officials and city staff. Brinkley Sargent Architects of Dallas was determined to be the organization best suited for the Center. They are a twenty-five year old firm specializing in recreational, sports, and public architecture. Brinkley Sargent has completed design work on over fifteen recreational centers in the past five years including the Plano Aquatic and Recreation Center, Coppell Aquatic and Recreation Center, and the Lee Park Recreation Center in Irving. Staff contacted six local municipalities and all indicated that they were very satisfied with the work provided by Brinkley Sargent. Funding in the amount of $550,000 for the Recreation Center design is identified in FY2001/01 of the SPDC Capital Improvements Plan (CIP). The scope of services and contractual fees is currently being negotiated and will be reviewed by the City Attorney. Time is imperative to meet the Texas Parks and Wildlife Indoor Recreation grant deadline of July 31, 2001 with a conceptual floor plan and facility components. The Parks and Recreation Board approved this item on Consent and will forward their recommendation to SPDC and City Council. REGULAR AGENDA Avenda Item No. 4, Public Forum Ms. Berman opened the Public Forum and asked the audience to hold their comments regarding the location of the girls' softball association fields until that item is considered. The Public Forum was closed. No, Haltom Creek No. 1511. Mr. Hugrnan presented this item and noted the information contained in the Board's packet memo and materials, which are attached to the minutes for clarification. Mr. Hugman told the Board that if this development was approved, the dedication proposed could provide the City the opportunity to achieve a significant piece of the East Dove Creek Greenway Trail that is proposed in the revised Southlake Pathways Master Plan. The challenge is to determine a methodology through park dedication requirements that would preserve the linear park setting and provide a trail available to the public, while also being mindful that to make the trail work properly, the continuation of the trail east and west would be required. Certain risks are involved and were explained. The properties to the east and west are privately held. If the trail continuations are never achieved, the City would have a public April 9, 2001 Park-v & Recreation Board Regular Meeting Page 3 of 21 Case No. Attachment F ZA 01-027 Page 2 **UN -OFFICIAL MINUTES** NOT APPROVED BY THE PARKS & RECREATION BOARD MEMBERS I trail existing within a subdivision only. The City would need to work with private 2 landowners to accomplish this type of trail. If the City accepted this as a public trail, and 3 if the connections to North Carroll Avenue and Dove Street are accomplished, it would 4 provide a unique experience ;far trail users along Dove Creek. Mr. Hugman explained that 5 not acquu-ing the opportunity now to hold this trail as public, could prevent this trail 6 segment .from ever becoming a reality. 7 8 Mr. Hugman said staff met with the developer and reviewed their proposal and the 9 unique opportunities of an off -road, multi -use trail along the Dove Creek natural corridor. 10 At that time, they discussed the advantages and disadvantages of the park acreage being I I dedicated entirely as public or private. Staff felt the best option would be for the land 12 itself to be maintained as private by the homeowners association, but dedicating a public 13 pedestrian easement through the property and building a public trail. This plan affords the 14 I City the opportunity to connect the trail on the north end to Dove Street and connect the 15 south end to Carroll Avenue. 16 17 Mr. Hugman noted the "Expense Credit Work -sheet for Physical or Equipment IS Improvements to Park Land" in the Board's packet. He said the Pedestrian Bridge 19 Crossing Dove Creek hne item shown as "public" on the document would be corrected to 20 be shown as "private." Deducting that $50,000 still leaves the developer over on his 21 credits, and also taking into account a six-foot off -road trail along North Carroll. The 22 amount of the credit comes to $174,005, which exceeds the required fees plus the 23 required trail along North Carroll. The trail along North Carroll Avenue is currently 24 requiredby the Trail System Master Plan, but instead of requiring the developer to do 25 that trail at this time and not connecting to the north or south along Carroll, the City 26 would transfer the requirement of that trail to the other public trail interior to the 27 development. That cost is added to the summary. 28 29 The location of the bridge was identified on the map (attached to minutes) for members. 30 It would be located in a"private" area. 31 32 Mr, Glover asked Mr. Hugman how a public trail would work in a "private" area — would 3 3 there be "Private property" signs? Mr. Hugman said that issue was discussed with the 34 developer and the developer had suggested putting tip signs to the affect that the "Trail is 35 Public Property," Also, having a wider easement would help. 36 37 Mr. Glover asked if the area designated on the map as "rest area with bench" was 38 included in the public area? Mr, Hugman responded yes. 39 40 Ms, Berman said the goal of the trail system is to connect trails and questioned why the 41 trail to the north was not extended all the way to the border of the property? She 42 suggested that the developer add a loop at the north border to serve notice to users that 43 the trail ends at that point until future development. 44 45 Toin kfattheivs, developer, Four Peaks Development, 726 Commerce Street, Southlake: 46 _Mr. Matthews explained the reason why the trail was not extended to the property border. .4pri19. 1001 Parb & Recreation Board Regular Afeeiing Page 4 of, I Case No. Attachment F ZA 01-027 Page 3 "UNT-OFFICIAL MINUTES** NOT APPROVED BY THE PARKS & RECREATION BOARD MEMBERS I He said it was due to the level of uncertainty, of when and if the adjacent property would L be developed. The developer's rationale was to discourage activity beyond the trail since 3 the trail currently dead -ends at that site. The easements are obtained and fully dedicated 4 for future improvements for the trail extension. 5 6 Ms. Berman asked the developer if a loop could be put on the north end of the trail? 7 8 Mr. Matthews explained the difference between the public and private uses. The 9 dedication is for the public, but until the park trail is completed north and south, it dead- 10 ends into private property. The plan does offer a loop system with the gazebo on the i i north (located near the street entrance area) and the loop on the south end of the trail. 12 13 Mr. Hugman said staff was concerned also about having dead-end segments of trail on 14 the north and south ends. He mentioned safety issues. Staff's recommendation was to 15 leave the trail as it was presented on the map. 16 17 Mr. Nelson asked what use was intended for the space designated on the map as "amenity 18 structure" at the north end of the trail? Would it have gravel or be a greenspace? Mr. 19 Matthews said it would be a small gathering area, like a school bus stop. It would not be 20 grass covered, but have some pavement, perhaps concrete, material. That piece would be 21 private park land. 214 23 The property designated as "T' on the map was a residential lot. 24 25 Nis. Berman asked Mr. Matthews if he would be willing to say for the record that "when 26 this trail is continued, then we can come onto your property to finish the trail off so that 27 they connect?*' if a loop could not be put at the north end as earlier suggested. Mr. 28 Matthews responded yes. It was the developer's intention that the trails connect and Mr. 29 Matthews commented that he felt that aspect of the trail was the "hole of the donut" of 30 the trail system through the development — that it was an enhancement to the subdivision. 31 32 N-1s. StokdNk asked if the roads in the subdivision were private? Mr. Matthews said he 33 believed the roads were public. 34 35 Mr. Glover stated concerns he had about public access to the trail. He said with the 36 current design, citizens would technically have to pass through private property to get to :3 i the trail. Public access would ultimately be from the north and south ends of the trail at 38 Carroll Avenue and Dove Street. 39 40 Until such time as the public access points are complete on the north and south ends of 41 the trail, the City asked if the developer would grant an access easement to the trail at the 42 point where the trail comes closest to the road across from Lot 4, Block E, as shown on 43 the map? The developer said he had no objections to granting that access easement. Mr. 44 Hugman said it would be dedicated as a public pedestrian easement and the trail 45 constructed as public trail. Mr. Matthews said once the trail was completed and the north 46 and south public access points were created, the public access across from Lot 4 would Apn,`9, 200! Parks & .Recreation Board Regular Meeting Page 5 of 21 Case No. Attachment F ZA 01-027 Page 4 **UN -OFFICIAL RUNT-JTES** NOT APPROVED BY THE PARKS 8-r RECREATION BOARD MEMBERS I go away, however, he was favorable to keeping the easement there permanently, as a I maintenance access point for the trail. 3 4 Mr. Matthews clarified conditions, stating that the developer agreed to grant the City a 5 20-foot easement and agreed to build an 8-foot wide physical trail to be maintained by 6 the City. He said the remaining 12-foot easement area, contiguous to the trail, would be 7 maintained by the homeowners association as well, 8 9 Ms. Berman asked the developer to remind home builders not to dump their construction 10 debris in the trail. 11 12 A motion was made to accept the dedication requirement with the amendment that 13 the City have the access easement for maintenance across from Lot 4. 14 15 Motion: Glover 16 Second: Georgia 17 IS Discussion: 19 20 A comment was made to have the developer seek additional trail access from an adjacent 211 property owner to the east of the trail, as discussed earlier in the meeting. 22 23 Mr. Miltenberger asked if the developer had agreed to construct the loop on the north 24 segment of the trail? MT. Matthews responded that a small loop could be constructed 25 within the 20-foot easement. 26 27 The motion was amended to also include a loop at the north end of the trail, within 28 the 20-foot easement. 29 30 Ms. Stokdyk asked whether the amounts shown on the worksheet under the columns 31 labeled Trails, 1996 Count, Buildout and Needed were correct? Mr. Hugman said those 32 amounts would be updated as the figures were not relevant Or based on the current 33 proposed. Trail System Master Plan. 14 35 The motion continued with a vote. 36 3 7 Ayes: Berman, Georgia, Glover, Miltenberger, Nelson, Stokdyk and White 38 Nays: None 39 Abstention: None 40 Vote: 7-0 41 42 Motion carried. 43 44 Agenda Item No. 5-B, Approval of park dedication requirements for Parc Place, a 46-lot 45 proposed addition in the J. Allen Suney, Abstract No. 18. 46 ,4pri,1 9, '00! Prf*s & Recreation Boaral Regu!ar.,Weeting Page 6 of 21 Case No. Attachment F ZA 01-027 Page 5 W, 0 N (D E M Case No. Attachment F ZA 01-027 Page 6 Surrounding Property Owners Haltom Creek Estates Case No. Attachment G ZA 01-027 Page 1 Surrounding Property Owners Haltom Creek Estates Property Owner Zoning Land Use Description Acreage 1. N. Bhogavalli 1. AG 1. Low Density Residential 1. 5.08 2. J. Johnson 2. AG 2. Low Density Residential 2. 1.15 3. F. Shelby 3. AG 3. Low Density Residential 3. 3.97 4. M. White 4. AG 4. Low Density Residential 4. 1.24 5. D. Stapleton 5. AG 5. Low Density Residential 5. 1.44 6. J. Davis 6. AG 6. Low Density Residential 6. 0.83 7. T. Johnson 7. AG 7. Low Density Residential 7. 1.10 8. B. Stiborek 8. AG 8. Low Density Residential 8. 0.97 9. J. Gentry 9. SF-lA 9. Low Density Residential 9. 1.10 10. E. Higgins 10. SF -IA 10. Low Density Residential 10. 2.01 11. J. White 11. AG 11. Low Density Residential 11. 2.60 12. J. White 12. AG 12. Low Density Residential 12. 2.78 13. R. Reynolds (TAD 13. SF -IA 13. Low Density Residential 13. 1.13 Owner) C. Bradley (New Owner) 14. S. Luce 14. SF -IA 14. Low Density Residential 14. 1.27 15. R. Brown (TAD Owner) 15. SF-lA 15. Low Density Residential 15. 1.00 T. Stewart (Sent Letter) 16. R. Bonchak 16.SF-IA 16. Low Density Residential 16. 1.01 17. T. Chambers 17. SF-lA 17. Low Density Residential 17. 1.16 18. R. Sarpalius 18. SF-lA 18. Low Density Residential 18. 1.04 19. S. Freeman 19. SF-lA 19. Low Density Residential 19. 0.98 20. C. McDaniel 20. SF-lA 20. Low Density Residential 20. 1.18 21. K. Barz 21. SF-lA 21. Low Density Residential 21. 1.09 22. L. Garrett 22. SF-lA 22. Low Density Residential 22. 2.92 23. D. Wallace 23. SF-lA 23. Low Density Residential 23. 2.92 24. M. Hershaw 24. SF- lA 24. Low Density Residential 24. 5.45 25. L. South 25. SF -IA 25. Low Density Residential 25. 3.01 26. S. Neuse 26. SF-lA 26. Low Density Residential 26. 2.00 27. R. Yatko 27. SF-lA 27. Low Density Residential 27. 1.53 28. W. Crane 28. SF-lA 28. Low Density Residential 28. 3.62 29. R. Derr 29. SF-lA 29. Low Density Residential 29. 6.12 30. R. Stone 30. SF-lA 30. Low Density Residential 30. 1.18 31. K. Zimmerman 31. SF-lA 31. Low Density Residential 31. 1.41 32. J. Pannell 32. SF-lA 32. Low Density Residential 32. 1.72 33. C. McCleskey 33. SF-lA 33. Low Density Residential 33. 1.95 34. N. Moffat 34. SF-lA 34. Low Density Residential 34. 1.43 35. F. Hutchins 35. SF-lA 35. Low Density Residential 35. 1.71 36. D. Scratchard 36. SF-lA 36. Low Density Residential 36. 1.89 37. T. Mullaney 37. SF-lA 37. Low Density Residential 37. 1.75 38. M. Williams 38. SF -IA 38. Low Density Residential 38. 1.78 Case No. Attachment G ZA 01-027 Page 2 39. L. Hight 39. AG 39. Low Density Residential 39. 1.20 40. R. Birchfield 40. AG 40. Low Density Residential 40. 0.80 41. Westerra Southlake 41. NR-PUD 41. Mixed Use 41. 99.84 42. W. Booker 42. AG 42. Low Density Residential 42. 0.20 43. A. Cercone 43. AG 43. Low Density Residential 43. 0.27 44. W. Booker 44. AG 44. Low Density Residential 44. 0.41 45. KM Properties (TAD 45. SF -IA 45. Low Density Residential 45. 0.99 Owner) D. Cobb (New Owner) 46. KM Properties 46. SF -IA 46. Low Density Residential 46. 0.99 47. R. Bartholomew 47. SF -IA 47. Low Density Residential 47. 1.11 48. S. Teng 48. AG 48. Low Density Residential 48. 1.07 49. C. Richardson 49. AG 49. Low Density Residential 49. 1.47 50. W. Eastwood 50. SF-20B 50. Low Density Residential 50. 0.46 Case No. Attachment G ZA 01-027 Page 3 Surrounding Property Owner Responses NOTICES SENT: Forty-eight (48) RESPONSES: Eleven (11) responses were received from within the 200' notification area: • Ruth Stone, 1421 Whispering Dell Court, Southlake, TX, opposed, "There will be drainage and flooding issues and Medium Density Housing." (Received June 12, 2001) • Sam and Chris Teng, 1312 Westmont Court, Southlake, TX, qualified in favor. See attached letter. (Received June 18, 2001) • Diane Sarpalius, 1790 Hunters Creek Drive, Southlake, TX, opposed, "l.) We understand that the property will be developed but cannot support anything less than full, 1 acre per home, lots. 2.) We also oppose brick fencing in our back yard! No brick wall dividing subdivision. 3.) No water drainage directed toward our homes at all! We are saturated!" (Received June 20, 2001) • Robert Bonchak, 1820 Hunters Creek Drive, Southlake, TX, opposed. See attached letters. (Received June 20, 2001) • Debra R. Cobb, 1045 Carroll Meadows Court, Southlake, TX, opposed, "We were promised one acre lots. We are within 200 feet." (Received June 18, 2001) • Kim and Jeff Pannell, 1418 Whispering Dell Court, Southlake, TX, opposed. See attached letter. (Received June 21, 2001) • Terry and Sue Mullaney, 1515 N. Carroll Avenue, Southlake, TX, opposed. See attached letter. (Received June 21, 2001) • Darwin Scratchard, 1410 Whispering Dell Court, Southlake, TX, opposed. See attached letter. (Received June 21, 2001). • Louise R Garrett, 1810 N Sunshine Lane, Southlake, TX, opposed, "The lot sizes are not all 1 acre — can you predict what changes I will have to make?" (Received June 21, 2001) • Donna Wallace, 1780 N. Sunshine Ln., Southlake, TX, opposed, "What kind of prediction can you in changes I will have to make in the future?" (Received June 21, 2001) • Clara N Richardson, 2101 N Carroll Ave., Southlake, TX, undecided, " R-PUD turned down last time because less than 1 acre on this side of 114 — should be 1 acre." (Received June 21, 2001) Nine (9) responses were received from beyond the 200' notification area: Case No. Attachment H ZA01-027 Page 1 • H. Kruckenberg, 1730 Hunters Creek, Southlake, TX, opposed. See attached letter. (Received June 19, 2001) • Jerry W. Lewis, 1030 Carroll Meadows Court, Southlake, TX, opposed. See attached letter. (Received June 19, 2001) • Lea Ann Minor, 1000 Carroll Meadows Court, Southlake, TX, opposed, "I was opposed the I" time and went to all the meetings and I am still opposed. Even more so now that this isn't over!" (Received June 18, 2001) • Lee C. Dodson, DDS, 1020 Carroll Meadows Ct, Southlake, TX, opposed, "The one acre/lot development is the reason I moved to Southlake. I strongly support the plan to preserve this plan." (Received June 21, 2001) • Randy Blair, 850 Ownby, Southlake, TX, opposed. (Received June 21, 2001) • Tracy Blair, 850 Ownby Ln, Southlake, TX, opposed. (Received June 21, 2001) • Walter Nichols, 1613 Heatherbrook Ct, Southlake, TX, opposed, "Opposed to development due to increased traffic on Carroll and Dove. Access to Dove will come at some time. The R-PUD sham should be eliminated in Southlake." (Received June 21, 2001) • Paul Soulier, 525 Southbend Trail/1005 Carroll Meadows Ct, Southlake, TX, opposed. (Received June 21, 2001) • Mary Soulier, 525 Southbend Trail/1005 Carroll Meadows Ct, Southlake, TX, opposed. (Received June 21, 2001) A petition with 29 signatures was submitted on June 21, 2001. Case No. Attachment H ZA01-027 Page 2 uq Case No. ZA01-027 Attachment H Page 3 Case No. Attachment H ZA01-027 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.4W364 BEING AP PRO TELY 95 9 AICRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" RESIDENTIAL iDISTRICT TO "R PUD" RESIDENTIAL PLANNED UNIT DEVEL011'IENT„ DISTRICT AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING PUD DEVELOPMENT STANDARDS, 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 Case No. Attachment I ZA01-027 Page 1 WHEREAS, the hereinafter described property is currently zoned "AG" Agricultural District and " SF- 1A" Single -Family Residential District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a 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, Case No. Attachment I ZA01-027 Page 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and Case No. Attachment I ZA01-027 Page 3 amended as shown and described below: 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 Case No. Attachment I ZA01-027 Page 4 community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any 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 Case No. Attachment I ZA01-027 Page 5 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 92001. MAYOR ATTEST: CITY SECRETARY Case No. Attachment I ZA01-027 Page 6 PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment I ZA01-027 Page 7 EXHIBIT "A" Tracts 3AIG3,3A1G, 3A1G5,3AIG1, 3MG2,3AIG4,3AM, 5B3,5B, 5B2A, 5B2,4E, and 4, being situated in the Frances Throop Survey Abstract No. 1511, and being approximately 95.9 acres. LEGAL DESCRIPTION BELNG A TPAC70FLAND SITUATED !iNTHE.--P-A-NCESTHROOPSURVEY, ABSTRACT N0. 1511, AS, AND BEING ALL OFTHE FOLLOWI..NGCALLED rR.AC.rS: 32.922 ACRE TRACT, Alk4.441-5 ACRE TRACT, A 2.3508 ACRE TRACT, A 15.927 ACRE TRACT. A 29-3495.ACRE TRACT.A3.21 ACRE TRACT (TRACT A). A 3.21 ACRE TRACT (TRACT B). A 3.21 ACRE (TRAM' —f C).AZND A 1.00 ACRE TRACT DESCRIBED IN DEEDS TO JAMES C. HALTOM ET UX- OF RECORD iNVOLUME 13731, PAGE 0065, VOLUME 12950, PAGE 131. VOLUME 12659. PAGE 47. VOLUNIE 13870, PAGE 96, VOLUME 13870, PACE 95, VOLUME 13689. PAGE 222AND VOLUME 13870, PAGE 94, RES PECTIVELY. DEED RECORDS, TARRANT COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 6" WOOD POST FOUND FOR CORNER IN THE EAST RIGHT-OF-WAY LIFE OF ,NORTIH CARROIA- AVENUE AT THE MOST WESTERN SOUTHWEST CORNER OF SAID, 20,543 ACRE TRACT f--RON!'zVHICH A 5/8" IRON ROD FOUND FOR REFERENCE BEARS SOUTM !C°40'47'EAST. A L)(ST;kNCE OF 1.83 FEET: 1'HENCE NORTri. OIW27'40" WEST, AI ONG THE EAST RIGHT-OF-WAYLINT OF SAID NORTH CARRC-)LLAV" ENUEA DISTANCE OF 100t.57 FEETTOA I,--" IRON ROD FOUND FOR CORNER ATTHE MOST NOR"IHERN SOUTHWEST CORNER OF SAID 29.395 ACRE TRACT FROM WHICH A 1 12" IRON IR01) FOUND FOR REFERENCE BEARS SOUTH ST28'03" EAST, A DISTANCE OF 22.12 HEN'CF. SOUTH 89�29- 03 - EAST, ALONG A BOUNDARY LIME GAF SAID 29.395 ACRE TRACT A ICI ST NCE OF 20 2 FEET TO A PC" IRON ROD FOUND FOR CORNER AT AN INTERIOR CORNER ,rHER EOF FROM WIHICi A 1/2* IRON ROD FOUND FOR REFERENCE BEARS SOUTH 89`2 8'03** EAST, A .j!ST,kNCE OF V'.i"FEET. THENCE' NORTH C,(P05'23" WEST, ALONG A WESTERLY BOUNDARY LINE OF SAID 29.395 ACRE TRACT A DISTANCE OF 897,49 FEET TO A 3/8" IRON ROD FOUND FOR CORNER AT THE MOST NOPTHERNNORThWFST CORNER THEREOF: THENCE NORTH 9956* I I" EAST. ALONG A NORTH BOUNDARY LIENE OF LASTMEN'TIONED TRACT A DISTANCE OF 79 i.07 FEET TO A RAILROAD SPIKE FOUND FOR CORNER IN A 6'W:SOD POST AT -kNANCLE POINT -IN SAID NORTH LINE; THENCE SCR:rH SS=32'35- EAST, ALONG A NORTH BOUNDARY LINE OF SAID 29395 ACRE TRACT A DISTANCE OF 57'.S.72 FEET TO A 1/2"IRON ROD FOUND FOR CORNER NEAR A FENCE POST AT THE NORTHEAST CORNER THEREOF: THENCE SO[ T H I` 39'i,:- WEST. ALONG AN EASTERLY BOUNDARY LINE OF SAID 29.3495 ACRE T A DISTANCE OF 651 FEET TO A 518" IRON ROD FOUND FOR CORNER AT AN INTERIOR 70RN't"R THEREOF, ---F NORIH SP FAST, A LON (: A BOUNDARY L LNE OF iAID :9.39 ACRE TRACT--,LN. D THE 0 '71 INEI -IS ACRE TR.kCT, RESPECTIVELY. A DISTANCE OF 19838 FEET TO A 4" X .1' R L. - 0 F S D 2, 3 'E.MO N.UNIEN7 FOUND FOR CORNER ATTHE NORTHEAST CORNER OF SAID 2.308 ACRE ,ACT CONM 0 N TO Th'F- NIORTH WEST C ORNER OF LOT I O-R OF HUNTERS RIDGE :ADDITION, AN* ADDITION TO) THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING To THE PLAT HIE TR-EOF RECORDED IN VOLUME 388-164. PAGE 72. NIAP. RECORDS, TARRANT COUNTY. TEXAS: I L, - THENCE'SOT-TH EAS`,ALONG THE WEST BOUNDARY LINE OF SAID T - ;kDD[rr-).N- A -39 FEE ,'FOLNDFIRCORticP,.-\T".":iE 3�,'JUT EST CIC.?"I"ER THEREOF COMMON TO THE NORTHWEST CORNER OF JA D 1 44 ACRE Case No. Attachment I ZA0I-027 Page 8 T'rF-NCE SOUTH 75�� * N** EAST, ALONG THE NORTHEAST BOUNDARY LINE OF SAID 14.4-45 ACRE TRACT A DISTANCE OF 642.29 FEET TO A POINT FOR CORNER AT THE NORTHEAST CORNER THEREOF; THEENCE: SOUTH 38052" 49" FAST, ALONG A NORTHEAST BOUNDARY LINE OF SAID 14.445 ACRE TRAC-71 A DISTANCE OF 30.88 FEET TO A 112" IRON ROD FOUND FOR CORNER NEAR A 6" WOOD POST AT THE MOST WESTERN CORNER OF SAID 2,922 ACRE TRACT: THENCE NORTH 62"02'42" EAST, ALONG THE NORTHWEST BOUNDARY LINE OF SAID 2.922 ACRE TRACT A DISTANCE OF 199-47 FEET TO A 3/8" IRON ROD FOUND FOR CORNER AT THE MOST NORTHERN CORNER THEREOF: THENCE SOUTH 40'I7'23" EAST, ALONG THE NORTHEAST BOUNDARY LINE OF SAID 2.92-21 ACRE T RACT A DISTANCE OF 635,77 FEET TO THE MOST EASTERN CORNER THEREOF IN THE NORTHWEST RIGHT-OF-WAY LINE OF SUNISHIN'E. LANE (50'R,O.W.)-. ' 1 i-li-ENCE SOUTH 61"1 "" 07" WEST. ALONG THE NORTHWEST BOUNDARY LINE OF SAID SUNSHINE LANE A DISTANCE OF 136.52 FEET TO A 3/8" IRON ROD FOUND FOR CORNER AT AN ANGLE POINT; THEENCE- SOUTH 00`46'09` EAST. ALONG THE WEST RIGHT-OF-WAY LINE OF SAID SUNSHINE LANE A DISTANCE OF 553.92 FEET TO A 1,12" IRON ROD FOUND FOR CORNER AT THE SOUTHEAST CORNER OF SAID 3.21 ACRE (TRACT A) COMMON TO THE NORTHEAST CORNER OF THE F. THROOP `015 1 1 ADDITION, AN ADDITION TO THE CITY OF SOU THLAKE. TARRANT COUNTY, TEXAS, ACC-OPDING TO THE PLAT THEREOF RECORDED IN CABIN7ET A, PAGE 1010, MAP RECORDS, 'T.ARRANT COUNTY, TEXAS: THENCE NORTH 89'58* 10" WEST, ALONG THE NORTH BOUNDARY LINE OF LAST MENTIONED TRACT A DISTANCE OF 1099.71 FEET TO A 1 /2" IRON ROD FOUND FOR CORNER IN THE EAST �w BOUNDARY LINE OF WHISPERING DELL ESTATES, AN ADDITION TO THE CITY OF SOU"THLAKE, T ARRANT COUNTY, TEYLAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-143, PAGJE OC"O. MAP RECORDS, TARRANT COUNTY, TEXAS; THENCE.NORTH00`45 - ',6:' WEST. ALONG THE EAST BOUNDARY LiNEOfLAST NTIO, ED : i- 'mE N' ADDITION A DISTANCE OF 416,66 FEET TO A 6" WOOD POST FOUND FOR CORNER AT THE SOUTHEAST CORNER OF SAID 20.543 ACRE TRACT FROM WHICH A 112"IRON ROD FOUND FOR RFIFERIENCE, BEARS SOUTH 89`571 '55- WEST, A DISTANCE OF 2.76 FEET; THIENCE SOUTH 89057'55'* WEST. ALONG A SOUTH BOUNDARY LINE OF SAID 20.543 ACRE TRACT A DISTANCE OF 1189.44 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT AN EXTERIOR CORNER THEREOF: THENCE `+C:-RTH 00`40* 08" WEST. ALONG A WEST BOUNDARY LINE OF SAID 20.543 ACRE TRACT A D'S-TA NC E: OF 2717.62 FEET 110 A -1­ WOOD POST FOUND FOR CORNER A-r.-.N INTERIOR CORNER THEREOF, NORTH -39`50'1 3" WEST, ALONG A SOUTH BOUNDARY LINE OF SAID 20.543 ACRE TRACT A DISTANCE OF 390,30 FEET TO THE PLACE OF BEGINNINGAIND CONTAINING 95.9 L3 ACRES OF LAND Case No. Attachment I ZA0I-027 Page 9 111. Development Standards General I The intent of the following development regulations is to provide the specific standards for the following types of residential lots: A. Residential lots that are one acre or larger in size. B. Residential lots that are less than one acre in size. t there is a descrepancv between these development standards and City of In the event that Southlake Comprehensive Zoning Ordinance No. 490, the City Ordinance will supercede in all such cases. The overall gross demiily of the property shall apply to the RTIUD area as a whole. Individual development or construction phases may exceed the net density for that particular area, but in no case shall the gross density exceed L0 residential lots per acre for the overall project. 4, The PTOject may be developed in phases, and as such. said development or consiTuction of a particular area will not require the development or construction of any other area of the property. LOTS QTNT ACRE or LARGER The development standards for lots in Hidden Creel, Estates that are one acre or larger in size are modeled from Section 11 of the City of Southlake's Comprehensive Zoning Ordinance No. 490, which detail the requirements of the SF-lA Zoning District, I . Puroose and Intent The purpose and intent of the development of lots that are one acre or larger is to provide for compatible land, building, and structure uses primarily oriented to lo-,v density residential purposes, select agricultural uses, open space uses, and select community facility uses. The SF-1A district may serve as a transitional element between limited residential development and intense agricultural activities and higher density urbanized areas of this City. Low density detached single family residential dwellings and development, along w-Ab the aforedescribed uses, comprise the principal elements of the district. H: 1219q.(;Sabx Rfl!"F) RcpoftRr.istd.do- 3 Case No. Attachment I ZAOI-027 Page 10 PtInlitted Uses Agricultural uses whose products a 'r Agricultural Uses ree - own primarily for home consumption, such as domestic gardening. berry or bush crops., tree crops, flower gardening. orchards, and aviaries. B, Residential Uses Single family detached dNvellings. C. Community Facility Uses Public, se-ini-public and private parks; 2. Recreation and open space including playgrounds, parkways, greenbelts, ponds and. lakes, botanical gardens, pedestrian paths. bicycle pailis, equestrian bridle trails, equestrian riding arena, nature Centers, bird and wildlife sanctuaries; 3. Private boat docks. is-vvirnming, pools and game courts-, City hall, fire and police stations and other municipal uses; 5. Other uses of a similar nature and character. AcCCFS071-Uses In addition to those accessory, uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use, as defined in this ordinance. A I s�Permits ,,; �qc i fie U Specific use permits may be approved by the City Council following a recommendation from the Planning and ZoningC, Commission. , as specifically authorized in Section 45 of City Ordinance No. 480, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. impose. Any use accessory to an approved specific use pennit shall be permitted witliout specific approval if it complies with the conditions for an accessory use as dtfintd in this ordinance. (As amended by Ordinance No. 480-C.) 5. Deveiorment Revelations A. lieieht — No building or structure shall exceed two and one-half (2-1/2) stories, nor shall it exceed ihirty-five (35) feet. B. Front Yard — There shall be afront yard of not less than forty (40) feet. C. Side Yard —There shall be a side yard of not less than twenty (20) feet. H Repm, 'Rmiird.doc 4 Case No. Attachment I ZAOI-027 Page 11 D, Rear)'ard —There shall b,: a rear vard of not less that, forty (40) feet. E. M,xirrlurn Lot Coverage — All buildings or structures shall have a maximum lot coverage not exceeding twenty two percent (22%) of the lot area, except the sum total of accessory buildings shall not exceed six hundred (600) square feet. (As amended by Ordinance No. 480-C) F. Lot Area The minimum area of a lot shall be forty-three thousand five hundred sixt y (43.560) square feet. G. Lot Dimensions Each lot shall have a minimun, width of one hundred (100) feet and, a minimum depth of one hundred twenty-five (125) feet, both measured at the building line. 11. Floor Area— The main residence shall contain a minimurn of four thousand square feel of floor area. 1. Typical Street -- '17he streets within this portion of the project shall be constructed in accordance with the requirements of the City of Southlake for a residential street. b. De. velomnen! Plan A Development Plan meeting the requirements of Section 41 of City Ordinance No. 480 is being submitted with this request for RPUD Zoning. c aLExceplion Use Special exception uses may be approved by the Board of Adjustment, as specificall%, authorized in Section 44 of City Ordinance No. 480, subject to full and complete compliance with any and all conditions required in Section 44. together with any other conditions as the Board of Adjustment may impose. Any use accessory to all approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use a defined in this ordinance. (As amended by Ordinance No, 480-D) Case No. Attachment I ZA01-027 Page 12 LOTS LESS THAN ONE ACRE The development standards for lots less than one acre in size within the proposed RPUD are similar to and modeled from Section 14 of the City of Southiake's Comprehensive Zoning Ordinance No. 480. which detail the requirements of the SF-20A Zoning District. flumose and Intent The purpose and intent of the development of lots less than one acre in. size is to provide for compatible land, building and structure uses primarily oriented to low density residential put -poses, open space uses and select community v facility uses. Moderat-lv km, densiiy detached single f'knily residential dwellings and development, along vvith the afore -&scribed uses. comprise the principal elements of the district. A. Agricultural Uses - Agricultural uses whose products are grown primarily for hone consumption, such as domestic gardening, berry or bush crops, tree crops, flower gardening, orchards, and aviaries, B, Resid,--mial Uses -- Single f4milv detached dwellinus. C. Communitv Facility Uses 1) Public, semi-public and private parks; Recreation and open space including playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries; City hall, fare and police stations and other municipal uses; 4) Other uses of a similar nature and character. Accessory gases In addition to those accessory uses specifically authorized in Section 34 of the City of Southlake's Comprehensive Zoning Ordinance No. 480, as amended, any use may be i-stablished as an accessory use to a permitted use when it complies with the conditions for an accessory use, as defined in this ordinance. t 4, S?»citic Use Permit Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission, as specifically authorized in Section 45 of the City of Southlake's Comprehensive Zoning Ordinance No. 480, as amended, subJect H.-vToj Rp�)nKvistd.dm 6 Case No. Attachment I ZA01-027 Page 13 to fall and complete compliance with any and all conditions required in said Section 45, tot, ,ether with anv other conditions as the City Council may impose, Development Re�!ulatjons In this district, the following development regulations shall be applicable: A. Height — No building or structure shall exceed two and one-half (2-1"2) stories, nor shall, it exceed thirty-five (35) feet. & Front Yard — There shall be a front yard of not less than thirty-five (35) feet. C. Side Yard — There shall be a side yard of not less than twelve and one-half (1/2- 1,12) feet for interior lots. For corner lots, the side yard shall not be less than 25 (25) feet. For comer lots adjacent to a lot with a front yard, the side yard shall be thirty five (35) feet. D. Rear Yard — Tbert shall be a rear yard of not less than twenty-five (25) feet, provided that on lots fronting on a cul-de-sac, then: shall be a rear -,,aid of not less than twenty (20) feet. E. Maximum Lot Coverage - All buildings or structures shall have a maximum lot coveraue not exceeding thirty percent (30%) of the lot area, except the sum total of accessory buildings shall not exceed 000 square feet. (As amended by Ordinance No, 480-C). F. Lot Area - The minimum area of a lot shall be twenty two thousand (22,000) sc,uare feet. G, Lot Dimensions — Each lot shall have a minimum width of one -hundred (100) feet and a minimum depth of one hundred twenty-five (125) feet, both measured at the building line, H. Floor Area — The main residence shall contain a. minimum of three thousand (3,000) square feet offloor area. I. Streets -- The streets within this portion of the development shall be constructed in accordance with the requirements of the City of Southlake for a residential street, The North street stub shown on the Development Plan will be dedicated initially as a right of way reservation and will not be constructed until such time tl:mt the adjoining property to the \-Torth has an approved final plat and a developer's agreement to secure the extension of the roadway northward to Dove Road. Case No. Attachment I ZAOI-027 Page 14 IM 6, Development Plan Development. ................ . .. . ........... . --- A Development Plan rri=ding the requirements of Section 41 of City Ordinance No. 480 is being submitted with this request for RPUTD Zoning. Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of City Ordinance No. 480, subject to full and complete complim-nee with any and all conditions required in Section 44, together with any other conditions as the Board of AdjUSInlent may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance To, 480-D.) Repo, Case No. Attachment I ZA0I-027 Page 15 1 R! Case No. ZA01-027 Attachment I Page 16 EXHIBIT "C" Case No. Attachment I ZA01-027 Page 17 i MEMORANDUM July 13, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-035, Appointment of the Municipal Court Judge Action Requested: City Council appoints one (1) position to serve a two (2) year term as the Municipal Court Judge. Background: The judges of the municipal court of record in the City of Southlake shall be appointed by the City Council. A judge who was elected or appointed before September 1, 1999, continues in office until the end of the current term which has now expired. Six (6) applications have been received and are attached. Financial Consideration: Not Applicable. Citizen Input/ Board Review: Not Applicable. Legal Review: Not Applicable. Alternatives: Not Applicable. Supporting Documents: 1) Resolution No. 01-035 2) Applications Staff Recommendation: Make appointment to fill one (1) position. ki RESOLUTION NO.01-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING THE MUNICIPAL COURT JUDGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 1999 Texas Legislature adopted changes to various provisions of Chapter 30 of the Government Code relating to municipal courts of record, making it appropriate to revise Article II of Chapter 8 of the Code of Ordinances, in order to comply with the changes adopted by the 1999 Texas Legislature; and, WHEREAS, the Municipal Court Judge shall supervise and control the operation and clerical functions of the administrative department of the municipal court, including the court's personnel, during the proceedings or docket of the court; and, WHEREAS, the municipal judge of the municipal court of record in the City of Southlake must be a resident of the state; be a citizen of the United States; be a licensed attorney in good standing; and have two or more years of experience in the practice of law in this state; and, WHEREAS, the term of an appointed municipal court judge in the City of Southlake is two (2) years from the date of appointment and the City Council shall set the salary which may not be diminished during the judge's term of office and may not be based directly or indirectly on fines, fees, or costs collected from the court; and, THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The term of Warren A. "Brad" Bradley has expired. Under this resolution, the City Council appoints for a period of two (2) years as Municipal Court Judge. Section 3. This resolution is effective upon passage by the City Council. PASSED AND APPROVED THIS THE DAY OF DULY 2001. CITY OF SOUTHLAKE, TEXAS BY: ATTEST: Sandra L. LeGrand City Secretary Mayor Rick Stacy 4 MEMORANDUM July 13, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-035, Appointment of the Municipal Court Judge Action Requested: City Council appoints one (1) position to serve a two (2) year term as the Municipal Court Judge. Background: The judges of the municipal court of record in the City of Southlake shall be appointed by the City Council. A judge who was elected or appointed before September 1, 1999, continues in office until the end of the current term which has now expired. Six (6) applications have been received and are attached. Financial Consideration: Not Applicable. Citizen Input/ Board Review: Not Applicable. Legal Review: Not Applicable. Alternatives: Not Applicable. Supporting Documents: 1) Resolution No. 01-035 2) Applications Staff Recommendation: Make appointment to fill one (1) position. r Y RESOLUTION NO.01-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING THE MUNICIPAL COURT JUDGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 1999 Texas Legislature adopted changes to various provisions of Chapter 30 of the Government Code relating to municipal courts of record, making it appropriate to revise Article II of Chapter 8 of the Code of Ordinances, in order to comply with the changes adopted by the 1999 Texas Legislature; and, WHEREAS, the Municipal Court Judge shall supervise and control the operation and clerical functions of the administrative department of the municipal court, including the court's personnel, during the proceedings or docket of the court; and, WHEREAS, the municipal judge of the municipal court of record in the City of Southlake must be a resident of the state; be a citizen of the United States; be a licensed attorney in good standing; and have two or more years of experience in the practice of law in this state; and, WHEREAS, the term of an appointed municipal court judge in the City of Southlake is two (2) years from the date of appointment and the City Council shall set the salary which may not be diminished during the judge's term of office and may not be based directly or indirectly on fines, fees, or costs collected from the court; and, THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2 The term of Warren A. "Brad" Bradley has expired. resolution, the City Council appoints a period of two (2) years as Municipal Court Judge. Under this for Section 3. This resolution is effective upon passage by the City Council. PASSED AND APPROVED THIS THE DAY OF JULY 2001. CITY OF SOUTHLAKE, TEXAS BY: ATTEST: Sandra L. LeGrand City Secretary Mayor Rick Stacy J k MEMORANDUM July 13, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-042, Appointments to the Joint Drug and Alcohol Awareness Committee Action Requested: City Council appoints four (4) members to serve on the Joint Drug and Alcohol Awareness Committee to fill two (2) City Council appointee positions and two (2) citizen -at -large appointee positions. Background: The Drug and Alcohol Awareness Committee works to develop initiatives for drug and alcohol awareness. The Committee is comprised of the following members: two City Council members, appointed by the City Council; two members from the Carroll ISD Board of Trustees, appointed by the school board; two members from the community -at -large, appointed by the City Council; two members from the community -at - large, appointed by the Carroll ISD Board of Trustees; two youth members from the community -at -large, appointed by the CISD superintendent or his designee. Currently, one (1) position held by a City Council member has expired which has a two-year term and one (1) position held by a City Council member has expired which has a one-year term; and one (1) position held by the community -at -large has expired which has a two-year term and one (1) position held by the community -at -large has expired which has a one- year term. Only one application has been received for the citizen -at -large position, which is attached to this memo. Financial Consideration: Not Applicable. Citizen Input/ Board Review: Not Applicable. Legal Review: Not Applicable. Alternatives: Not Applicable. Supporting Documents: 1) Resolution No. 01-042 2) List of existing members 3) Application Staff Recommendation: Make appointments to fill four (4) expired positions. RESOLUTION NO.01-042 A RESOLUTION OF THE CITY COUNCIL OF THE �w CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE JOINT COMMITTEE TO DEVELOP INITIATIVES FOR DRUG AND ALCOHOL AWARENESS TO FILL EXPIRED TERMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the citizens of Southlake are confronted with the societal issue of drug and alcohol abuse among the youth of our community and desire to undertake a mutual effort to address this situation; and, WHEREAS, members are appointed from the following entities: two members from the City Council, appointed by the City Council; two members from the School Board, appointed by the School Board; two members from the community -at -large, appointed by the City Council; two members from the community -at -large, appointed by the Carroll ISD Board of Trustees; two youth members appointed by the Southlake Youth Action Commission; and two youth members from the community -at -large, appointed by the CISD Superintendent or his designee; and WHEREAS, currently terms have expired for Southlake City Council appointees Patsy DuPre, who had a two-year term, and Keith Shankland, who had a one-year term, and for the two community -at -large appointees, Jacky Brooks -Lawrence, who has a two- year term, and Brad Bartholomew, who had a one-year term; now, THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints: City Council City Council Community -at -large Community -at -large (to expire 5/2003) (to expire 5/2002) (to expire 5/2003) (to expire 5/2002) Section 3. This resolution is effective upon passage by the City Council. PASSED AND APPROVED THIS THE DAY OF JULY 2001. CITY OF SOUTHLAKE, TEXAS BY: ATTEST: Sandra L. LeGrand City Secretary Mayor Rick Stacy MEMORANDUM July 13, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-042, Appointments to the Joint Drug and Alcohol Awareness Committee Action Requested: City Council appoints four (4) members to serve on the Joint Drug and Alcohol Awareness Committee to fill two (2) City Council appointee positions and two (2) citizen -at -large appointee positions. Background: The Drug and Alcohol Awareness Committee works to develop initiatives for drug and alcohol awareness. The Committee is comprised of the following members: two ml �e Carroll SD Board of Trusteesouncil members, appointed ythe City appoi appointed Council; two members from by the school board; two members from the community -at -large, appointed by the City Council; two members from the community -at - large, appointed by the Carroll ISD Board of Trustees; two youth members from the community -at -large, appointed by the CISD superintendent or his designee. Currently, one (1) position held by a City Council member has expired which has a two-year term and one (1) position held by a City Council member has expired which has a one-year term; and one (1) position held by the community -at -large has expired which has a two-year term and one (1) position held by the community -at -large has expired which has a one- year term. Only one application has been received for the citizen -at -large position, which is attached to this memo. Financial Consideration: Not Applicable. Citizen Input/ Board Review: Not Applicable. Legal Review: Not Applicable. Alternatives: Not Applicable. Supporting Documents: 1) Resolution No. 01-042 2) List of existing members 3) Application Staff Make appointments to fill four () ex 4 expired positions. Recommendation: P RESOLUTION NO.01-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE JOINT COMMITTEE TO DEVELOP INITIATIVES FOR DRUG AND ALCOHOL AWARENESS TO FILL EXPIRED TERMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the citizens of Southlake are confronted with the societal issue of drug and alcohol abuse among the youth of our community and desire to undertake a mutual effort to address this situation; and, WHEREAS, members are appointed from the following entities: two members from the City Council, appointed by the City Council; two members from the School Board, appointed by the School Board; two members from the community -at -large, appointed by the City Council; two members from the community -at -large, appointed by the Carroll ISD Board of Trustees; two youth members appointed by the Southlake Youth Action Commission; and two youth members from the community -at -large, appointed by the CISD Superintendent or his designee; and WHEREAS, currently terms have expired for Southlake City Council appointees Patsy DuPre, who had a two-year term, and Keith Shankland, who had a one-year term, and for the two community -at -large appointees, Jacky Brooks -Lawrence, who has a two- year term, and Brad Bartholomew, who had a one-year term; now, THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints: City Council City Council Community -at -large Community -at -large (to expire 5/2003) (to expire 5/2002) (to expire 5/2003) (to expire 5/2002) Section 3. This resolution is effective upon passage by the City Council. PASSED AND APPROVED THIS THE DAY OF DULY 2001. CITY OF SOUTHLAKE, TEXAS BY: ATTEST: Sandra L. LeGrand City Secretary Mayor Rick Stacy MEMORANDUM July 13, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-045, Appointments to the Senior Advisory Commission Action Requested: Consider Resolution No. 01-045, naming new members to the Senior Advisory Commission. Background Information: Ordinance No. 653, establishes the Senior Advisory Commission and states that the Senior Advisory Commission shall consist of seven (7) citizens of the City of Southlake, Texas, who must be at least 55 years of age; and allows two members to be less than age 55 if their experience or education is deemed valuable to the Senior Advisory Commission; and allows for two alternate members. The appointments are for two (2) year terms. Currently, Places 4, 6, 7, Alternate 1, and Alternate 2 have expired. We have received seven (7) applications for a place on this board. Financial Consideration: Not Applicable Citizen/Input Board Review: Not Applicable Legal Review: Not Applicable Alternatives: Not Applicable Supporting Documents: 1) Resolution No. 01-045 2) List of existing members 3) Applications RESOLUTION NO.01-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE APPOINTMENT OF MEMBERS TO SERVE ON THE SENIOR ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the City Council deemed it advisable and necessary to establish a Senior Advisory Commission for the City of Southlake, to act as an advisory capacity to the City Council in all matters pertaining to senior programs and issues, including development of long range capital improvement programs; recommend policies in senior service and improvements; recommend senior -related programs for development of recreational facilities and services; and, WHEREAS, Ordinance No. 653 establishes the Senior Advisory Commission and states that the Senior Advisory Commission shall consist of seven (7) citizens of the City of Southlake, Texas, who must be at least 55 years of age; and allows two members to be less than age 55 if their experience or education is deemed valuable to the Senior Advisory Commission; and allows for two alternate members; and, and, WHEREAS, the City Council shall appoint the members for two (2) year terms; now, WHEREAS, currently, Places 4, 6, 7, Alternate 1, and Alternate 2 have expired; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The above premises are hereby found to be true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints the following members to serve on the Senior Advisory Commission for a term of two (2) years: Place 4 expires May 2003 Place 6 expires May 2003 Place 7 expires May 2003 Alternate 1 expires May 2003 Alternate 2 expires May 2003 Section 3. This resolution is hereby effective upon passage by the City Council. PASSED AND APPROVED THIS THE DAY OF JULY, 20,01. CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary MEMORANDUM July 13, 2001 TO: Billy Campbell, City Manager , FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-045, Appointments to the Senior Advisory Commission Action Requested: Consider Resolution No. 01-045, naming new members to the Senior Advisory Commission. Background Information: Ordinance No. 653, establishes the Senior Advisory Commission and states that the Senior Advisory Commission shall consist of seven (7) citizens of the City of Southlake, Texas, who must be at least 55 years of age; and allows two members to be less than age 55 if their experience or education is deemed valuable to the Senior Advisory Commission; and allows for two alternate members. The appointments are for two (2) year terms. Currently, Places 4, 6, 7, Alternate 1, and Alternate 2 have expired. We have received seven (7) applications for a place on this board. Financial Consideration: Not Applicable Citizen/Input Board Review: Not Applicable Legal Review: Not Applicable Alternatives: Not Applicable Supporting Documents: 1) Resolution No. 01-045 2) List of existing members 3) Applications RESOLUTION NO.01-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE APPOINTMENT OF MEMBERS TO SERVE ON THE SENIOR ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the City Council deemed it advisable and necessary to establish a Senior Advisory Commission for the City of Southlake, to act as an advisory capacity to the City Council in all matters pertaining to senior programs and issues, including development of long range capital improvement programs; recommend policies in senior service and improvements; recommend senior -related programs for development of recreational facilities and services; and, WHEREAS, Ordinance No. 653 establishes the Senior Advisory Commission and states that the Senior Advisory Commission shall consist of seven (7) citizens of the City of Southlake, Texas, who must be at least 55 years of age; and allows two members to be less than age 55 if their experience or education is deemed valuable to the Senior Advisory Commission; and allows for two alternate members; and, WHEREAS, the City Council shall appoint the members for two (2) year terms; and, WHEREAS, currently, Places 4, 6, 7, Alternate 1, and Alternate 2 have expired; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The above premises are hereby found to be true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints the following members to serve on the Senior Advisory Commission for a term of two (2) years: Place 4 expires May 2003 Place 6 expires May 2003 Place 7 expires May 2003 Alternate 1 expires May 2003 Alternate 2 expires May 2003 Section 3. This resolution is hereby effective upon passage by the City Council. PASSED AND APPROVED THIS THE DAY OF JULY, 2001. CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary City of Southlake, Texas MEMORANDUM July 12, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xl527) SUBJECT: Resolution No. 01-051, Authorizing Application for a Texas Recreation and Parks Account Program (TRPA) Indoor Recreation Grant from the Texas Parks and Wildlife Department. Action Requested: City Council authorization to submit Texas Recreation and Parks Account Program (TRPA) Indoor Recreation Grant to the Texas Parks and Wildlife Department (TPWD). Background Information: At the regular City Council meeting on June 5, 2001, the Council gave staff direction to limit the scope of services with Brinkley Sargent Architects to that of providing the necessary drawings (schematic site plan and floor plan) and documentation (preliminary floor space and cost estimates) for submission of a grant application in an amount up to $750,000 to TPWD for the proposed Southlake Recreation Center. Brinkley Sargent was able to recently provide these instruments to staff for Park Board, SPDC and Council review prior to the application deadline of July 31, 2001, and they are enclosed with this memo. Please note that the conceptual facility floor plan and cost estimates are for a 36,455 square foot facility at an estimated $5,659,089 (including 10% contingency) construction cost. Financial Considerations: The revised scope of services with Brinkley Sargent architects for the grant application documents is for $11,000, to be counted against any future balance for full professional design services, which are generally in the 10% range of the total construction costs. SPDC and City Council have previously approved a Recreation Center construction budget of $5,700,000 ($700,000 in FY 01-02, $5,000,000 in FY 02-03). The City is currently pursuing a matching funds grant from TPWD in amount up to $750,000. Citizen Input/ Board Review: The Park Board will consider this item at their Monday, July 16, 2001, meeting. The SPDC will also consider this item prior to the City Council meeting on July 17, 2001. Legal Review: Not Applicable. Alternatives: City Council review and input. Kevin Hugman, Director of Parks and Recreation July 12, 2001 Page 2 Supporting Documents: Supporting documents include the following: ■ Resolution No. 01-051, Authorizing Application for a Texas Recreation and Parks Account Program (TRPA) Indoor Recreation Grant from the Texas Parks and Wildlife Department. (included on next page) ■ Schematic site plan and floor plans for proposed Recreation Center on 3 separate 11" x 17" sheets as attachments) ■ Preliminary floor space program (Hyperlink Document for 9D) Program - Rec. Center.xls and budget (Hyperlink Document for 9D) Budget - Rec. Center.xls for proposed Recreation Center Staff Recommendation: City Council authorization to submit Texas Recreation and Parks Account Program (TRPA) Indoor Recreation Grant to the Texas Parks and Wildlife Department (TPWD). Kevin Hugman, Director of Parks and Recreation July 12, 2001 Page 3 RESOLUTION NO. 01-051 RESOLUTION AUTHORIZING APPLICATION TEXAS RECREATION AND PARKS ACCOUNT PROGRAM (TRPA) A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS THE "DEPARTMENT," FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION & PARKS ACCOUNT GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM;" CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Texas Legislature has approved the "Program" (Section 24 of the Parks & Wildlife Code for the purpose of allowing the political subdivisions of the State of Texas to participate in the Program; and WHEREAS, the "Applicant" is fully eligible to receive assistance under the "Program"; and WHEREAS, the "Applicant" is desirous of authorizing an official to represent and act for the "Applicant" in dealing with the "Department" concerning the "Program"; BE IT RESOLVED BY THE "APPLICANT": SECTION 1: That the "Applicant" hereby certifies that they are eligible to receive assistance under the "Program". SECTION 2: That the "Applicant" hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the "Applicant" hereby authorizes and directs its Director of Community Services to act for the Applicant in dealing with the "Department" for the purpose of the "Program", and Kevin Hugman, Director of Community Services is hereby officially designated as the representative in this regard. SECTION 4: The "Applicant" hereby specifically authorizes the official to make application to the "Department" concerning the site to be known as The City of Southlake Recreation Center in the Cijy of Southlake for use as a park site. That the City of Southlake Recreation Center is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity. Introduced, read and passed by the affirmation vote of the "Applicant" on this day of July, 2001. Signature of Authorized Official Name and Title Attest City of Southlake, Texas MEMORANDUM July 12, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (x1527) SUBJECT: Resolution No. 01-051, Authorizing Application for a Texas Recreation and Parks Account Program (TRPA) Indoor Recreation Grant from the Texas Parks and Wildlife Department. Action Requested: City Council authorization to submit Texas Recreation and Parks Account Program (TRPA) Indoor Recreation Grant to the Texas Parks and Wildlife Department (TPWD). Background Information: At the regular City Council meeting on June 5, 2001, the Council gave staff direction to limit the scope of services with Brinkley Sargent Architects to that of providing the necessary drawings (schematic site plan and floor plan) and documentation (preliminary floor space and cost estimates) for submission of a grant application in an amount up to $750,000 to TPWD for the proposed Southlake Recreation Center. Brinkley Sargent was able to recently provide these instruments to staff for Park Board, SPDC and Council review prior to the application deadline of July 31, 2001, and they are enclosed with this memo. Please note that the conceptual facility floor plan and cost estimates are for a 36,455 square foot facility at an estimated $5,659,089 (including 10% contingency) construction cost. Financial Considerations: The revised scope of services with Brinkley Sargent architects for the grant application documents is for $11,000, to be counted against any future balance for full professional design services, which are generally in the 10% range of the total construction costs. SPDC and City Council have previously approved a Recreation Center construction budget of $5,700,000 ($700,000 in FY 01-02, $5,000,000 in FY 02-03). The City is currently pursuing a matching funds grant from TPWD in amount up to $750,000. Citizen Input/ Board Review: The Park Board will consider this item at their Monday, July 16, 2001, meeting. The SPDC will also consider this item prior to the City Council meeting on July 17, 2001. Legal Review: Not Applicable. Alternatives: City Council review and input. Kevin Hugman, Director of Parks and Recreation July 12, 2001 Page 2 Supporting Documents: Supporting documents include the following: ■ Resolution No. 01-051, Authorizing Application for a Texas Recreation and Parks Account Program (TRPA) Indoor Recreation Grant from the Texas Parks and Wildlife Department. (included on next page) ■ Schematic site plan and floor plans for proposed Recreation Center on 3 separate 11" x 17" sheets as attachments) ■ Preliminary floor space program (Hyperlink Document for 9D) Program - Rec. Center.xls and budget (Hyperlink- Document for 9D) Budget - Rec. Center.x1s for proposed Recreation Center Staff Recommendation: City Council authorization to submit Texas Recreation and Parks Account Program (TRPA) Indoor Recreation Grant to the Texas Parks and Wildlife Department (TPWD). Kevin Hugman, Director of Parks and Recreation July 12, 2001 Page 3 RESOLUTION AUTHORIZING APPLICATION TEXAS RECREATION AND PARKS ACCOUNT PROGRAM (TRPA) A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS THE "DEPARTMENT," FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION & PARKS ACCOUNT GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM;" CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Texas Legislature has approved the "Program" (Section 24 of the Parks & Wildlife Code for the purpose of allowing the political subdivisions of the State of Texas to participate in the Program; and WHEREAS, the "Applicant" is fully eligible to receive assistance under the "Program"; and WHEREAS, the "Applicant" is desirous of authorizing an official to represent and act for the "Applicant" in dealing with the "Department" concerning the "Program"; BE IT RESOLVED BY THE "APPLICANT": SECTION 1: That the "Applicant" hereby certifies that they are eligible to receive assistance under the "Program". SECTION 2: That the "Applicant" hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the "Applicant" hereby authorizes and directs its Director of Community Services to act for the Applicant in dealing with the "Department" for the purpose of the "Program", and Kevin Hugman, Director of Community Services is hereby officially designated as the representative in this regard. SECTION 4: The "Applicant" hereby specifically authorizes the official to make application to the "Department" concerning the site to be known as The City of Southlake Recreation Center in the Cijy of Southlake for use as a park site. That the City of Southlake Recreation Center is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity. Introduced, read and passed by the affirmation vote of the "Applicant" on this day of July, 2001. Signature of Authorized Official Name and Title Attest City of Southlake, Texas MEMORANDUM July 13, 2001 I TO: Billy Campbell, City Manager FROM: John Eaglen, Assistant to the City Manager (481-1433) SUBJECT: Consideration of the Town Hall Use Policy Action Requested: City Council consideration of the proposed Town Hall Use Policy. Background Information: On June 12, 2001 the City Council discussed the current draft of the Town Hall Use Policy. At this time staff mentioned that they would like the City Council to suggest revisions to the policy in order to place this item on the June 19, 2001 City Council agenda for consideration. Per staff's perception of the discussion, the following revisions are included in the latest version of the policy: ■ Allowing Community Use of the Foyer Area — the policy allows consideration of requests for community use of the foyer area during non - business hours. Per the City Council discussion, an off -duty police officer would be required to be present at all times during the reservation period. ■ Revision to Section III(E), "Municipal Court and the Southlake Public Libr " — The verbiage has been revised to clarify the approval authorities of the policies for the Municipal Court and the Southlake Public Library. Fundraising Events — After discussing the issues relating to fundraising events with the City Attorney's Office, the policy proposes to allow consideration of fundraising events that are either (a) reasonably related to City or County business, or (2) derived from a City -sponsored organization (Example: Keep Southlake Beautiful). The policy specifies that all fundraising requests are to be held in areas available for community use, and that these requests are subject to the same requirements, regulations, and the approval process as requests for community use. Assessment of Cleanup Fees — Per the City Council's request, staff has developed three (3) categories of cleanup fees based upon associated costs tied to a square footage basis. Fees are subject to be received by the City Manager's Office within forty-eight (48) hours prior to the reservation time, or the approved request is subject to be invalidated. In addition, Appendix `B" has been added to express the event categories and the associated fees. The policy also stipulates that cleanup fees will not be returned to individuals and/or groups that damage the facility or fail to return the area(s) to their original condition. Appendix `B" also stipulates that the City reserves the right to assess additional charges to Billy Campbell, City Manager July 13, 2001 Page 2 individuals and/or groups who damage the facility during a reservation period. Prohibiting the possession of firearms by civilians. ■ Revision to Section VII(C), "Responsibility for Damages" — this revision drops the reference to damage fees, and stipulates that the City may keep the cleanup fees for damages, and reserves the right to assess additional charges to the individual and/or group for damages beyond normal wear and tear. Financial Considerations: The policy proposes the following revisions to the City of Southlake Fee Schedule to include Town Hall Use cleanup fees: ■ Meetings / Events — No Food or Drinks, limited use of the 3`d Floor Training Room Area - $100.00 ■ Meetings / Events — Food and Drinks included, limted use of the 3`d Floor Training Room Area - $150.00 ■ Meetings / Events — Use of the Foyer or the complete 3`d Floor Training Room Area - $450.00 Upon approval of this policy, a resolution amending the City of Southlake Fee Schedule would be placed upon the next City Council agenda as an item for consideration. Citizen Input/ Board Review: The policy was an item for discussion at the June 12, 2001 City Council Work Session. At that time staff expressed a desire to revise the policy per the City Council's direction and bring this item back for consideration. Legal Review: The City Attorney has reviewed the policy, and will be in attendance at the meeting to address legal issues regarding this item. Alternatives: Input towards the discussion and policy revision as desired. Supporting Documents: Supporting documents include the following items: ■ Copy of the draft Town Hall Use Policy, current as of June 15, 2001. Staff Recommendation: Place as an item on the July 17, 2001 City Council agenda to consider the Town Hall Use Policy. Billy Campbell, City Manager July 13, 2001 Page 2 JE City of Southlake, Texas MEMORANDUM July 13, 2001 TO: Billy Campbell, City Manager FROM: John Eaglen, Assistant to the City Manager (481-1433) SUBJECT: Consideration of the Town Hall Use Policy Action Requested: City Council consideration of the proposed Town Hall Use Policy. Background Information: On June 12, 2001 the City Council discussed the current draft of the Town Hall Use Policy. At this time staff mentioned that they would like the City Council to suggest revisions to the policy in order to place this item on the June 19, 2001 City Council agenda for consideration. Per staff s perception of the discussion, the following revisions are included in the latest version of the policy: ■ Allowing Community Use of the Foyer Area — the policy allows consideration of requests for community use of the foyer area during non - business hours. Per the City Council discussion, an off -duty police officer would be required to be present at all times during the reservation period. ■ Revision to Section III(E), "Municipal Court and the Southlake Public Library" — The verbiage has been revised to clarify the approval authorities of the policies for the Municipal Court and the Southlake Public Library. ■ Fundraising Events — After discussing the issues relating to fundraising events with the City Attorney's Office, the policy proposes to allow consideration of fundraising events that are either (a) reasonably related to City or County business, or (2) derived from a City -sponsored organization (Example: Keep Southlake Beautiful). The policy specifies that all fundraising requests are to be held in areas available for community use, and that these requests are subject to the same requirements, regulations, and the approval process as requests for community use. ■ Assessment of Cleanup Fees — Per the City Council's request, staff has developed three (3) categories of cleanup fees based upon associated costs tied to a square footage basis. Fees are subject to be received by the City Manager's Office within forty-eight (48) hours prior to the reservation time, or the approved request is subject to be invalidated. In addition, Appendix `B" has been added to express the event categories and the associated fees. The policy also stipulates that cleanup fees will not be returned to individuals and/or groups that damage the facility or fail to return the area(s) to their original condition. Appendix "B" also stipulates that the City reserves the right to assess additional charges to Billy Campbell, City Manager July 13, 2001 Page 2 individuals and/or groups who damage the facility during a reservation period. Prohibiting the possession of firearms by civilians. ■ Revision to Section VII(C ,,�ponsibility for Damages" — this revision drops the reference to damage fees, and stipulates that the City may keep the cleanup fees for damages, and reserves the right to assess additional charges to the individual and/or group for damages beyond normal wear and tear. Financial Considerations: The policy proposes the following revisions to the City of Southlake Fee Schedule to include Town Hall Use cleanup fees: ■ Meetings / Events — No Food or Drinks, limited use of the 3`d Floor Training Room Area - $100.00 ■ Meetings / Events — Food and Drinks included, limted use of the 3rd Floor Training Room Area - $150.00 ■ Meetings / Events — Use of the Foyer or the complete 3`d Floor Training Room Area - $450.00 Upon approval of this policy, a resolution amending the City of Southlake Fee Schedule would be placed upon the next City Council agenda as an item for consideration. Citizen Input/ Board Review: The policy was an item for discussion at the June 12, 2001 City Council Work Session. At that time staff expressed a desire to revise the policy per the City Council's direction and bring this item back for consideration. Legal Review: The City Attorney has reviewed the policy, and will be in attendance at the meeting to address legal issues regarding this item. Alternatives: Input towards the discussion and policy revision as desired. Supporting Documents: Supporting documents include the following items: ■ Copy of the draft Town Hall Use Policy, current as of June 15, 2001. Staff Recommendation: Place as an item on the July 17, 2001 City Council agenda to consider the Town Hall Use Policy. Billy Campbell, City Manager July 13, 2001 Page 2 JE City of Southlake Policies and Procedures Policy: Town Hall Use Policy Source: City Council Category: Southlake Town Hall Effective Date: July 17, 2001 Revised Date: -- I. Purpose. The purpose of this policy is to serve as a guideline for the management and scheduling of uses within the Southlake Town Hall, to balance the requirements necessary to conduct public business with the needs of citizen and community -based access and use of the Town Hall. II. Building Use Priority. Use of the Southlake Town Hall shall be for the primary purpose of conducting official public business on the behalf of the City of Southlake and Tarrant County. Meetings of the City Council ("City") and/or Tarrant County ("County"), City and/or County Committees, City and/or County appointed boards and commissions, and City and/or County departments shall take precedence over other community uses of the facility. III. Town Hall Facilities and Permitted Uses. A. Third Floor Training Rooms — The third floor training rooms (Rooms #3a, 3b, 3c, and 3d) are available for community uses when they are not previously scheduled for City and/or County business. B. City Council Chambers and the Executive Conference Room — Outside of use by the members of the City Council, the City Council Chambers and the Executive Conference Room are available only to City and/or County decision making bodies (please refer to Appendix "A "forfurther clarification). C. Mayor's Office — As the official office of the Mayor and City Council, this area is not available for community use. W E. Municipal Court and the Southlake Public Library — The Municipal Court and the Southlake Public Library are subject to the individual sets of policies and City of Southlake — Town Hall Use Policy 07116101 Page I of 9 City of Southlake Policies and Procedures procedures that guide the management and use of those facilities, as approved and periodically revised by thJiyrad�ore CQurit?. F. IV. Approval Process. A. Approval Authority — The City Manager may approve events (or suggest and offer space at an appropriate City facility) that meet the criteria described, and may provide explanation as to other criteria considered in processing the request. B. Request Review — The City Manager or his designee will review and approve or deny the use request based upon criteria including, but not limited to, the following: 1. The request being reasonably related to City or County business; 2. The request is of a not -for -profit nature; 3. The facility may not be used for commercial purposes or the promotion or sale of products; 4. The event will not cause a detrimental impact to the City and/or County staff and available resources, or the physical capacity of the requested location to host the event, including, but not limited to: (a) The availability to have City or County staff to accommodate requests for reservations during non -business hours. (b) The parking capacity and the potential impact of the requested event on other planned events. (c) The number of planned participants and the traffic impact upon the location. (d) Other scheduled events and/or uses of the location that increase the usage of the Town Hall facilities above the recommended capacity. C. Appeal of the City Manager's Decision — If the event does not meet the stipulated criteria or the application is not approved, the requestor may petition the City City of Southlake — Town Hall Use Policy 07116101 Page 2 of 9 City of Southlake Policies and Procedures Council for review and approval or denial. The City Council's decision shall be final. V. Scheduling Procedure. A. Required Notice — Written requests in the standard format for reservations shall be submitted to the City Manager's Office for review. In order to consider a request, the City of Southlake must receive the request form for community uses of the building within at least ten (10) business days prior to the requested time. For information regarding reservations within Southlake Town Hall, please contact the Secretary to the City Manager at (817) 481-1420, or submit a request in writing to the following address: City of Southlake Attn: City Manager's Office 1400 Main Street, Suite 4460 Southlake, Texas 76092 B. Required Notice of Cancellation — The City of Southlake requires notice of any cancellations within a forty-eight (48) hour period from the reservation time; failure to comply may be grounds for the City's denial of the privilege of reserving facilities in Southlake Town Hall in the future. C. Non -Approval of Submitted Multiple Dates — In order to maximize the availability of the facility for community use, consideration of requests will be on a case -by -case basis. Multiple dates for community use submitted at one time will not be approved by the City Manager's Office. D. Reservation Overrides — The City of Southlake shall have the authority to schedule priority functions that may necessitate the removal of community use activities previously scheduled. If such change is required, the City Manager or his designee shall notify the contact person identified on the submitted request form to the City Manager's Office as soon as possible, and will attempt to suggest and offer space in another City facility to hold the event. E. Tarrant County Scheduling — As the County is a partial owner in the facility, they may schedule events in their areas (identified in the interlocal agreement entered into by the City and County) as desired, however they will coordinate all scheduled meetings outside of their designated areas with the City Manager's Office. VI. Use Regulations. A. Required Staff Support — Business hours for the Southlake Town Hall are from 8:00 a.m. to 5:00 p.m., Monday through Friday. For reservation requests that are approved for events to be held during business hours, the City Manager will City of Southlake — Town Hall Use Policy 07116101 Page 3 of 9 City of Southlake Policies and Procedures designate a staff official to assist the individual and/or organization during the reservation period. If no staff is available at the reservation time, the meeting request must be scheduled for another time when staffing is available. B. Access During Non -Business Hours — A City and/or County official or a member of the City and/or County staff must be present for all community uses of the facility during non -business hours (times other than 8:00 — 5:00 p.m., Monday through Friday). If there is no such presence planned in the building during a reserved community use, the individual and/or organization submitting the reservation request must pay the cost for a police officer to be present during the reservation period. Approval of requests during non -business hours is also subject to the availability of a police officer to be present at that time. C. D. Equipment — As general practice, due to the sophisticated systems within Southlake Town Hall and limited staffing, utilization of the building's audio / visual system is prohibited. However the City does have some limited portable audio / visual equipment that is available for use during approved reservations. Please contact the City Manager's Office for a description of such items. E. Access to Parking Adjacent to Town Hall — The City of Southlake and Tarrant County own the parking spaces adjacent to the Town Hall Building. However, as general practice the parking spaces adjacent to the building will not be reserved for the exclusive use of the Town Hall, but will be available for the customers and/or patrons of Town Square. The City of Southlake reserves the right to designate reserved parking spaces in these areas on a temporary basis for use(s) directly related to City and/or County business. F. Prohibited Activities — The following prohibitions shall apply to reservations in the Southlake Town Hall: (a) Decorations — Decorations may not be affixed to any walls, furniture, finishings, or equipment in the Town Hall facilities. Questions regarding allowable decorations may be directed to the City Manager's Office for clarification prior to the reservation time. City of Southlake — Town Hall Use Policy 07116101 Page 4 of 9 City of Southlake Policies and Procedures (b) Smoking and alcoholic beverages — Smoking and alcoholic beverages are not allowed in the Town Hall facility. (d) G. Other City Meeting Facilities — If the City is unable to grant a space in Southlake Town Hall for a community use, the City Manager or his designee will attempt to provide space at other City facilities to accommodate the request, subject to availability. These other facilities potentially available for public use include the following: (a) Senior Activity Center, 307 Parkwood Drive; (b) Community Center in Bicentennial Park, 400 North White Chapel Boulevard; (c) Department of Public Safety Facilities, 667 North Carroll Avenue and West Site Facility, 2050 W. Southlake Boulevard (upon completion). VII. Individual and Group Responsibilities. A. Facility Setup — The responsibility for setting up tables and chairs (if applicable) shall remain with the individuals or organizations making the reservation. The City does not provide staffing or material(s) to aid in the setup or cleanup of the facility. B. Facility Cleanup — If applicable, tables, chairs, and any provided equipment must be returned to the original arrangement when the use of the facility is complete. Individuals and organizations must remove all trash, equipment, and decorations at the end of the reservation time. Facilities must be left in good, clean condition when the activity is complete. Individuals and/or organizations making the reservation shall be responsible for turning off all lights and securing the facility. C. es'' for cai �anil/or evil "penalties. Finally, .. .. a _ damages to the facility by individuals or groups may result in the denial of future reservation requests. VIII. Compliance with applicable procedures, policies, and pertinent ordinances. A. Required Compliance — Users must comply with procedures, policies, restrictions, and all pertinent ordinances of the City of Southlake. Any questions arising about City of Southlake — Town Hall Use Policy 07116101 Page 5 of 9 City of Southlake Policies and Procedures items not specifically addressed in this policy should be referred to the City Manager's Office. IX. Non Discrimination. A. Intent of Non Discrimination — The City will not discriminate against any person or persons because of their age, sex, race, religion, color, or natural origin, nor will the City permit the individuals or organizations making the reservations to engage in such discrimination. X. Release of Liability. A. Indemnification — With submittal of the use application, the petitioner agrees to indemnify and hold harmless the City of Southlake, its officers, agents, servants, and employees, from and against any and all claims or suits for bodily injury, illness, death, personal injury or property damage (including, without limitation, reasonable fees and expenses of attorney, expert witnesses and other consultants) arising out of any negligent act or omission committed by the petitioner, its officers, employees, agents, guests, and invitees, in connection with the activities conducted under this agreement. This indemnification shall specifically include any claims arising from the negligence of the City, its agents, officials, and employees. B. Responsibility for Property - The City assumes no responsibility for property placed in the facility in connection with the use of the facility. City of Southlake — Town Hall Use Policy 07116101 Page 6 of 9 City of Southlake Policies and Procedures Please return this form to the City Managers Office at: 1400 Main Street, Suite 460 — Southlake, Texas 76092 Phone (817) 481-1433 - Fax (817) 481-1463 Organization: Request submitted by: Date: Date of Event: Time of Event: From: AM / PM To: AM / PM Facility Requested: Type of event: Description of Event (includes estimated space and parking requirements, the number of planned participants, an estimated turnover time among participants, the time and resources the petitioner(s) have contributed to the planning of the event, etc.) Contact Person: Home Phone: Address: Work Phone: Mobile Phone: City State Zip Email Address (If applicable) WITH SUBMITTAL OF THIS APPLICATION, THE PETITIONER AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEY, EXPERT WITNESSES AND OTHER CONSULTANTS) ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY THE PETITIONER, ITS OFFICERS, EMPLOYEES, AGENTS, GUESTS, AND INVITEES, IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF THE CITY, ITS AGENTS, OFFICIALS, AND EMPLOYEES. Upon approval, this signed petition entitles the scheduled user to full use of the requested facilities herein. This reservation takes priority over any first -come users or non -reserved parties. Signature of Responsible Person City Manager or his designee City of Southlake — Town Hall Use Policy 07116101 Date Date Page 7 of 9 City of Southlake Policies and Procedures Appendix A Use of the City Council Chambers and the Executive Conference Room A. Use of the City Council Chambers and Executive Conference Room - The City Council Chambers and the Executive Conference Room shall be reserved for the City of Southlake decision -making bodies. These include the following: ■ The Southlake City Council; ■ The Southlake Planning and Zoning Commission; ■ The Southlake Zoning Board of Adjustment (ZBA); ■ The Southlake Parks Development Corporation (SPDC); ■ The Southlake Building Board of Appeals (BBOA); ■ The Southlake Crime Control and Prevention District (CCPD). B. Other Boards and Commissions Use of Southlake Town Hall — The following advisory bodies to the City Council and ancillary boards and commissions may meet in the Southlake Town Hall as appropriate in the third floor conference room areas. These bodies will receive priority consideration over community uses. These include the following: ■ The Southlake Parks and Recreation Board; ■ The Southlake Library Board; ■ The Joint Utilization Committee; ■ Metroport Teen Court; ■ The Executive Committee and Standing Committee of the Southlake Program for the Involvement of Neighborhoods (SPIN), including public meetings sponsored by SPIN as the facility is available. ■ Friends of the Southlake Library (due to the work ongoing in the Southlake Public Library, this would be on an interim basis until the facility is open). ■ Other City Council appointed committees, task forces, or advisory bodies. Questions regarding the use of specific facilities in Southlake Town Hall may be directed to the City Manager's Office at (817) 481-1420. C. Other Regular Meetings and Locations — The following boards and commissions will continue to meet at the following locations, but may use Town Hall facilities as needed: ■ Southlake Crime Control and Prevention District Board of Directors — DPS Training Room, 667 N. Carroll Avenue. ■ Joint Drug and Alcohol Committee — DPS Training Room, 667 N. Carroll Avenue. ■ The Southlake Library Foundation — Senior Activity Center, 307 Parkwood Drive. ■ Keep Southlake Beautiful (KSB) — Community Center, Bicentennial Park, 400 N. White Chapel Boulevard. ■ The Southlake Youth Action Commission (SYAC) — Community Center, Bicentennial Park, 400 N. White Chapel Boulevard. ■ Southlake Sister Cities — Senior Activity Center, 307 Parkwood Drive. ■ Senior Advisory Committee — Senior Activity Center, 307 Parkwood Drive. ■ Friends of the Southlake Library (FOSL) — Southlake Public Library (upon opening of the facility). ■ Mayor's Advisory Committee — Senior Activity Center, 307 Parkwood Drive or Southlake Town Hall (as determined by the Mayor). City of Southlake — Town Hall Use Policy 07116101 2: 00 PM Page 8 of 9 City of Southlake Policies and Procedures APPENDIX B CLEANUP FEES ASSOCIATED WITH TOWN HALL RESERVATIONS FOR COMMUNITY USAGE A. Cleanup Fees for Communily Usage of Town Hall — The following cleanup fees are to be assessed for community use of the Town Hall facility. Upon approval, the applicable fees are to be remitted to the City Manager's Office within forty-eight (48) hours prior to the reservation time. The fees will be returned to the applicant upon staff review of the facilities utilized at the conclusion of the reservation period, and a determination is made that the facilities were in good condition, and the area was returned to the original condition. The City reserves the right to keep the fees if it is determined that the facilities were not left in good condition, or that damages beyond normal wear and tear exist. ■ Meetings / Events — No Food and Drinks, limited usage of the 3`d floor training room area - $100.00. ■ Meetings / Events — Food and Drinks, limited usage of the 3`d floor training room area - $150.00. ■ Meetings / Events — Usage of foyer area and/or usage of the complete 3`d floor training room area - $450.00 B. Responsibility for Damages — Individuals or groups making reservations are responsible for any damage to the facility during the reservation period. The City of Southlake reserves the right to assess additional charges for damages as warranted, and individuals and/or groups are subject to applicable criminal and/or civil penalties as a result of damaging the facility. City of Southlake — Town Hall Use Policy 07116101 2: 00 PM Page 9 of 9 City of Southlake Policies and Procedures Policy: Town Hall Use Policy Source: City Council Category: Southlake Town Hall Effective Date: July 17, 2001 Revised Date: -- I. Purpose. The purpose of this policy is to serve as a guideline for the management and scheduling of uses within the Southlake Town Hall, to balance the requirements necessary to conduct public business with the needs of citizen and community -based access and use of the Town Hall. II. Building Use Priority. Use of the Southlake Town Hall shall be for the primary purpose of conducting official public business on the behalf of the City of Southlake and Tarrant County. Meetings of the City Council ("City") and/or Tarrant County ("County"), City and/or County Committees, City and/or County appointed boards and commissions, and City and/or County departments shall take precedence over other community uses of the facility. III. Town Hall Facilities and Permitted Uses. A. Third Floor Training Rooms — The third floor training rooms (Rooms #3a, 3b, 3c, and 3d) are available for community uses when they are not previously scheduled for City and/or County business. B. City Council Chambers and the Executive Conference Room — Outside of use by the members of the City Council, the City Council Chambers and the Executive Conference Room are available only to City and/or County decision making bodies (please refer to Appendix "A "forfurther clarification). C. Mayor's Office — As the official office of the Mayor and City Council, this area is not available for community use. A E. Municipal Court and the Southlake Public Library — The Municipal Court and the Southlake Public Library are subject to the individual sets of policies and City of Southlake — Town Hall Use Policy 07116101 Page 1 of 9 City of Southlake Policies and Procedures procedures that guide the management and use of those facilities, as approved and periodically revised by the Crty aricUor the Co,un y. F. IV. Approval Process. A. Approval Authority — The City Manager may approve events (or suggest and offer space at an appropriate City facility) that meet the criteria described, and may provide explanation as to other criteria considered in processing the request. B. Request Review — The City Manager or his designee will review and approve or deny the use request based upon criteria including, but not limited to, the following: 1. The request being reasonably related to City or County business; 2. The request is of a not -for -profit nature; 3. The facility may not be used for commercial purposes or the promotion or sale of products; 4. The event will not cause a detrimental impact to the City and/or County staff and available resources, or the physical capacity of the requested location to host the event, including, but not limited to: (a) The availability to have City or County staff to accommodate requests for reservations during non -business hours. (b) The parking capacity and the potential impact of the requested event on other planned events. (c) The number of planned participants and the traffic impact upon the location. (d) Other scheduled events and/or uses of the location that increase the usage of the Town Hall facilities above the recommended capacity. C. Appeal of the City Manager's Decision — If the event does not meet the stipulated criteria or the application is not approved, the requestor may petition the City City of Southlake — Town Hall Use Policy 07116101 Page 2 of 9 V. VI. City of Southlake Policies and Procedures Council for review and approval or denial. The City Council's decision shall be final. Scheduling Procedure. A. Required Notice — Written requests in the standard format for reservations shall be submitted to the City Manager's Office for review. In order to consider a request, the City of Southlake must receive the request form for community uses of the building within at least ten (10) business days prior to the requested time. For information regarding reservations within Southlake Town Hall, please contact the Secretary to the City Manager at (817) 481-1420, or submit a request in writing to the following address: City of Southlake Attn: City Manager's Office 1400 Main Street, Suite #460 Southlake, Texas 76092 B. Required Notice of Cancellation — The City of Southlake requires notice of any cancellations within a forty-eight (48) hour period from the reservation time; failure to comply may be grounds for the City's denial of the privilege of reserving facilities in Southlake Town Hall in the future. C. Non -Approval of Submitted Multiple Dates — In order to maximize the availability of the facility for community use, consideration of requests will be on a case -by -case basis. Multiple dates for community use submitted at one time will not be approved by the City Manager's Office. D. Reservation Overrides — The City of Southlake shall have the authority to schedule priority functions that may necessitate the removal of community use activities previously scheduled. If such change is required, the City Manager or his designee shall notify the contact person identified on the submitted request form to the City Manager's Office as soon as possible, and will attempt to suggest and offer space in another City facility to hold the event. E. Tarrant County Scheduling — As the County is a partial owner in the facility, they may schedule events in their areas (identified in the interlocal agreement entered into by the City and County) as desired, however they will coordinate all scheduled meetings outside of their designated areas with the City Manager's Office. Use Regulations. A. Required Staff Support — Business hours for the Southlake Town Hall are from 8:00 a.m. to 5:00 p.m., Monday through Friday. For reservation requests that are approved for events to be held during business hours, the City Manager will City of Southlake — Town Hall Use Policy 07116101 Page 3 of 9 City of Southlake Policies and Procedures designate a staff official to assist the individual and/or organization during the reservation period. If no staff is available at the reservation time, the meeting request must be scheduled for another time when staffing is available. B. Access During Non -Business Hours — A City and/or County official or a member of the City and/or County staff must be present for all community uses of the facility during non -business hours (times other than 8:00 — 5:00 p.m., Monday through Friday). If there is no such presence planned in the building during a reserved community use, the individual and/or organization submitting the reservation request must pay the cost for a police officer to be present during the reservation period. Approval of requests during non -business hours is also subject to the availability of a police officer to be present at that time. C. D. Equipment — As general practice, due to the sophisticated systems within Southlake Town Hall and limited staffing, utilization of the building's audio / visual system is prohibited. However the City does have some limited portable audio / visual equipment that is available for use during approved reservations. Please contact the City Manager's Office for a description of such items. E. Access to Parking Adjacent to Town Hall — The City of Southlake and Tarrant County own the parking spaces adjacent to the Town Hall Building. However, as general practice the parking spaces adjacent to the building will not be reserved for the exclusive use of the Town Hall, but will be available for the customers and/or patrons of Town Square. The City of Southlake reserves the right to designate reserved parking spaces in these areas on a temporary basis for use(s) directly related to City and/or County business. F. Prohibited Activities — The following prohibitions shall apply to reservations in the Southlake Town Hall: (a) Decorations — Decorations may not be affixed to any walls, furniture, finishings, or equipment in the Town Hall facilities. Questions regarding allowable decorations may be directed to the City Manager's Office for clarification prior to the reservation time. City of Southlake — Town Hall Use Policy 07116101 Page 4 of 9 City of Southlake Policies and Procedures (b) Smoking and alcoholic beverages — Smoking and alcoholic beverages are not allowed in the Town Hall facility. (d) G. Other City Meeting Facilities — If the City is unable to grant a space in Southlake Town Hall for a community use, the City Manager or his designee will attempt to provide space at other City facilities to accommodate the request, subject to availability. These other facilities potentially available for public use include the following: (a) Senior Activity Center, 307 Parkwood Drive; (b) Community Center in Bicentennial Park, 400 North White Chapel Boulevard; (c) Department of Public Safety Facilities, 667 North Carroll Avenue and West Site Facility, 2050 W. Southlake Boulevard (upon completion). VII. Individual and Group Responsibilities. A. Facility Setup — The responsibility for setting up tables and chairs (if applicable) shall remain with the individuals or organizations making the reservation. The City does not provide staffing or material(s) to aid in the setup or cleanup of the facility. B. Facility Cleanup — If applicable, tables, chairs, and any provided equipment must be returned to the original arrangement when the use of the facility is complete. Individuals and organizations must remove all trash, equipment, and decorations at the end of the reservation time. Facilities must be left in good, clean condition when the activity is complete. Individuals and/or organizations making the reservation shall be responsible for turning off all lights and securing the facility. 5 for criminal aridlor-civil penalties: Finally, damages to the facility by individuals or Il groups may result in the denial of future reservation requests. VIII. Compliance with applicable procedures, policies, and pertinent ordinances. A. Required Compliance — Users must comply with procedures, policies, restrictions, and all pertinent ordinances of the City of Southlake. Any questions arising about City of Southlake — Town Hall Use Policy 07116101 Page 5 of 9 City of Southlake Policies and Procedures items not specifically addressed in this policy should be referred to the City Manager's Office. IX. Non Discrimination. A. Intent of Non Discrimination — The City will not discriminate against any person or persons because of their age, sex, race, religion, color, or natural origin, nor will the City permit the individuals or organizations making the reservations to engage in such discrimination. X. Release of Liability. A. Indemnification — With submittal of the use application, the petitioner agrees to indemnify and hold harmless the City of Southlake, its officers, agents, servants, and employees, from and against any and all claims or suits for bodily injury, illness, death, personal injury or property damage (including, without limitation, reasonable fees and expenses of attorney, expert witnesses and other consultants) arising out of any negligent act or omission committed by the petitioner, its officers, employees, agents, guests, and invitees, in connection with the activities conducted under this agreement. This indemnification shall specifically include any claims arising from the negligence of the City, its agents, officials, and employees. B. Responsibility for Property - The City assumes no responsibility for property placed in the facility in connection with the use of the facility. City of Southlake — Town Hall Use Policy 07116101 Page 6 of 9 City of Southlake Policies and Procedures Please return this form to the City Managers Office at: 1400 Main Street, Suite 460 — Southlake, Texas 76092 Phone (817) 481-1433 - Fax (817) 481-1463 Organization: Request submitted by: Date of Event: Date: Time of Event: From: AM / PM To: AM / PM Facility Requested: Type of event: Description of Event (includes estimated space and parking requirements, the number of planned participants, an estimated turnover time among participants, the time and resources the petitioner(s) have contributed to the planning of the event, etc.) Contact Person: Home Phone: Address: Work Phone: Mobile Phone: City State Zip Email Address (If applicable) WITH SUBMITTAL OF THIS APPLICATION, THE PETITIONER AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEY, EXPERT WITNESSES AND OTHER CONSULTANTS) ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY THE PETITIONER, ITS OFFICERS, EMPLOYEES, AGENTS, GUESTS, AND INVITEES, IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF THE CITY, ITS AGENTS, OFFICIALS, AND EMPLOYEES. Upon approval, this signed petition entitles the scheduled user to full use of the requested facilities herein. This reservation takes priority over any first -come users or non -reserved parties. Signature of Responsible Person City Manager or his designee Date Date City of Southlake — Town Hall Use Policy 07116101 Page 7 of 9 City of Southlake Policies and Procedures Appendix A Use of the City Council Chambers and the Executive Conference Room A. Use of the City Council Chambers and Executive Conference Room - The City Council Chambers and the Executive Conference Room shall be reserved for the City of Southlake decision -making bodies. These include the following: ■ The Southlake City Council; ■ The Southlake Planning and Zoning Commission; ■ The Southlake Zoning Board of Adjustment (ZBA); ■ The Southlake Parks Development Corporation (SPDC); ■ The Southlake Building Board of Appeals (BBOA); ■ The Southlake Crime Control and Prevention District (CCPD). B. Other Boards and Commissions Use of Southlake Town Hall — The following advisory bodies to the City Council and ancillary boards and commissions may meet in the Southlake Town Hall as appropriate in the third floor conference room areas. These bodies will receive priority consideration over community uses. These include the following: ■ The Southlake Parks and Recreation Board; ■ The Southlake Library Board; ■ The Joint Utilization Committee; ■ Metroport Teen Court; ■ The Executive Committee and Standing Committee of the Southlake Program for the Involvement of Neighborhoods (SPIN), including public meetings sponsored by SPIN as the facility is available. ■ Friends of the Southlake Library (due to the work ongoing in the Southlake Public Library, this would be on an interim basis until the facility is open). ■ Other City Council appointed committees, task forces, or advisory bodies. Questions regarding the use of specific facilities in Southlake Town Hall may be directed to.the City Manager's Office at (817) 481-1420. C. Other Regular Meetings and Locations — The following boards and commissions will continue to meet at the following locations, but may use Town Hall facilities as needed: ■ Southlake Crime Control and Prevention District Board of Directors — DPS Training Room, 667 N. Carroll Avenue. ■ Joint Drug and Alcohol Committee — DPS Training Room, 667 N. Carroll Avenue. ■ The Southlake Library Foundation — Senior Activity Center, 307 Parkwood Drive. ■ Keep Southlake Beautiful (KSB) — Community Center, Bicentennial Park, 400 N. White Chapel Boulevard. ■ The Southlake Youth Action Commission (SYAC) — Community Center, Bicentennial Park, 400 N. White Chapel Boulevard. ■ Southlake Sister Cities — Senior Activity Center, 307 Parkwood Drive. ■ Senior Advisory Committee — Senior Activity Center, 307 Parkwood Drive. ■ Friends of the Southlake LibM (FOSL) — Southlake Public Library (upon opening of the facility). ■ Mayor's Advisory Committee — Senior Activity Center, 307 Parkwood Drive or Southlake Town Hall (as determined by the Mayor). City of Southlake — Town Hall Use Policy 07116101 2:00 PM Page 8 of 9 City of Southlake Policies and Procedures APPENDIX B CLEANUP FEES ASSOCIATED WITH TOWN HALL RESERVATIONS FOR COMMUNITY USAGE A. Cleanup Fees for Community Usage of Town Hall — The following cleanup fees are to be assessed for community use of the Town Hall facility. Upon approval, the applicable fees are to be remitted to the City Manager's Office within forty-eight (48) hours prior to the reservation time. The fees will be returned to the applicant upon staff review of the facilities utilized at the conclusion of the reservation period, and a determination is made that the facilities were in good condition, and the area was returned to the original condition. The City reserves the right to keep the fees if it is determined that the facilities were not left in good condition, or that damages beyond normal wear and tear exist. ■ Meetings / Events — No Food and Drinks, limited usage of the 3`d floor training room area - $100.00. ■ Meetings / Events — Food and Drinks, limited usage of the 3`d floor training room area - $150.00. ■ Meetings / Events — Usage of foyer area and/or usage of the complete 3`d floor training room area - $450.00 B. Responsibility for Damages — Individuals or groups making reservations are responsible for any damage to the facility during the reservation period. The City of Southlake reserves the right to assess additional charges for damages as warranted, and individuals and/or groups are subject to applicable criminal and/or civil penalties as a result of damaging the facility. City of Southlake — Town Hall Use Policy 07/16/01 2:00 PM Page 9 of 9 City of Southlake, Texas MEMORANDUM July 17, 2001 To: Billy Campbell, City Manger From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Authorize the Mayor to execute a residential developer's agreement for Lakes on Dove. Action Requested: Authorize the Mayor to execute a residential developer's agreement for Lakes on Dove, an 8.585 acre, 7 lot subdivision located at the intersection of Carroll and Dove Road. Background Information: This residential subdivision started out as a twelve (12) lot residential subdivision with a final plat including only seven (7) lots. The final plat for Lakes on Dove was approved on June 19, 2001. This developer's agreement covers the construction of the public infrastructure that includes sanitary sewer lines, drainage improvements and trail improvements. The drainage improvements include three retention/detention ponds with aeration fountains to be maintained by the property owners. Financial Consideration: None. Citizen Input/ Board Review: The park board recommends allowing the construction of a 6' trail across the property and down to North Carroll Avenue along Dove Street to satisfy the park land dedication requirements in lieu of $18,000 park and land fee on Dove Road. Legal Review: This is the City's standard developer's agreement originally drafted by the City Attorney. Alternatives: Approve it, deny it, or modify it. Supporting Documents: Developer Agreement Plat Exhibit Location Map Park Board Memo Staff Recommendation: Please place on the City Council agenda for July 17, 2001 for Council consideration and approval. Staff Contact: Charlie Thomas, P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 PF/ta 2 RESIDENTIAL DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of LAB S.,, hereinafter referred to as the "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 7 lots contained within the Addition and to the off - site improvements necessary to support the Addition. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the Addition completed as rapidly as possible, the City agrees to release 10% of the lots, r1 , after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. hoesse#oc�e�tr�"�pt.t�t� tf The Developer will present to the City either a cash escrow, Letters of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best - rated bonding company. All Letters of Credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, Letters of Credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, Letters of Credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letters of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches t at:;,ly , not; cwrrebtty exist in lieu of curb and gutter, and the City approved the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. E. Until the performance and payment bonds, Letters of Credit or cash escrow required in Paragraph C have been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such 4 improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that the City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this Agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for re -testing as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. 5 The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as "Builder" will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES A. ON SITE WATER The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to 6 individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS 1. The street construction in the Addition shall conform, f aray; to the i requirements in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. Streets will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 2. The Developer will be responsible for: a. Installation and two year operation cost of street lights, for ars',�d�3 which is payable to the City prior to final acceptance of the Addition; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b. Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances. C. Installation of all regulatory signs recommended based upon the Manual of Uniform Traffic Control Devices as prepared i7 by the Developer's engineer by an engineering study or direction by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. E. ON SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. F. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the 8 Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build- up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must by paid to the City prior to acceptance of the Addition. G. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a tomeawneror vtrer builder:; H. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowner. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. START OF CONSTRUCTION Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 9 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre -construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, SAID INDEMNIFICATION TO REMAIN IN EFFECT UNTIL THE CITY ACCEPTS THE ADDITION. 10 DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. 11 F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, Letter of Credit, or other security provided by Developer and complete such work at Developer's expense, provided however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151.309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph 1.F. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax Code, if the tangible property is: a 761 necessary and essential for the performance of the Agreement; and completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of the Addition, the Developer shall provide to the City three (3) copies of Record Drawings of the Addition, showing the facilities as actually constructed. Such drawings will be stamped and signed civil engineer. In addition, the Developer showing the plan and profile of the sanitary and waterline; all lot lines, and tie in to System. 12 by a registered professional shall provide electronic files sewer, storm drain, roadway the state Plane Coordinate IV. OTHER ISSUES A. OFF -SITE DRAINAGE B. OFF -SITE WATER C. PARK FEES D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. 13 STATE OF TEXAS COUNTY OF TARRANT On , before me, , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS No Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 14 (SEAL) REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the Letter of Credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six percent (6%), and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letter of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. 15 ' r Trr1s . it } ' Y y �s ! 101 a i" y P 9x i, E �3 a �jF ? Y4 ; R 34 1 i.ay.,;� f `aids Ip sKg at ,i, a• �• e a I[ j };P,;; %•i i 71 't �< �'1,411 3'3 e6 s71 �A� 5 yyg ! } 114 'S Y, } t�+kr �:. F'F ; dd 1 i� S.�a�� 3i : i i-�'..�',y s: ' ` s� � a.Y� � QJ r r ri -4. , rr Z •}} I �� 4 IRS 4 irYY , :•C ,1171 Y 16 r� Vicinity Map The, Lakes on Dove 1000 2000 3000 Feet CLC City of Southlake, Texas MEMORANDUM June 20, 2001 TO: Charlie Thomas, City Engineer FROM: Chris Carpenter, Senior Park Planner SUBJECT: Recommended Park Dedication Requirements — Lakes on Dove (formerly Dove Road Estates) At their October 9, 2000, meeting, the Parks and Recreation Board considered a recommendation to accept credit for trail -related construction in lieu of the payment of park dedication fees for the Lakes on Dove, a 12-lot residential development. The required land dedication for this development is .30 acres of park land. The equivalent in park dedication fees for this addition, at $1,500 per lot is $18,000. Section 7.05(A)(1) of the City of Southlake Subdivision Ordinance states the following: "The City Council shall, upon recommendation by the Park Board, determine the applicability of a developer's payment of fees in lieu of the land dedication requirements of this section." ■ The Parks and Recreation Board approved a recommendation to the City Council that the park dedication requirements for this development be met through the construction of a 6' off -road trail along the frontage of the subdivision, across the adjacent property to the west, and over a concrete culvert installed by the developer at the intersection of Carroll Ave. The Parks and Recreation Board approved a recommendation (7-0) to accept this installation as credit for the payment of fees in lieu of parkland dedication as meeting the park dedication requirements for this development. Please contact me if you have further questions. Please note also that Section 7.07 of the City of Southlake Subdivision Ordinance specifies that the recommended park dedication assessment by the Parks and Recreation Board is subject to the approval of the Planning and Zoning Commission andlor the City Council, and is dependent upon the number of dwelling units (residential) or developed acreage (non-residential). Therefore the above recommendation is subject to change dependent upon further review of a particular development or changes to the proposed development that affect the fee criteria, if any. 18 cc: Malcolm Jackson, Chief of Building Services Bruce Payne, Planning Director Kevin Hugman, Community Services Director 19 City of Southlake, Texas To: From: Subject: MEMORANDUM July 17, 2001 Billy Campbell, City Manger Pedram Farahnak, P.E., Director of Public Works, 481-2308 Authorize the Mayor to execute a residential developer's agreement for Lakes on Dove. Action Requested: Authorize the Mayor to execute a residential developer's agreement for Lakes on Dove, an 8.585 acre, 7 lot subdivision located at the intersection of Carroll and Dove Road. Background Information: This residential subdivision started out as a twelve (12) lot residential subdivision with a final plat including only seven (7) lots. The final plat for Lakes on Dove was approved on June 19, 2001. This developer's agreement covers the construction of the public infrastructure that includes sanitary sewer lines, drainage improvements and trail improvements. The drainage improvements include three retention/detention ponds with aeration fountains to be maintained by the property owners. Financial Consideration: None. Citizen Input/ Board Review: The park board recommends allowing the construction of a 6' trail across the property and down to North Carroll Avenue along Dove Street to satisfy the park land dedication requirements in lieu of $18,000 park and land fee on Dove Road. Legal Review: This is the City's standard developer's agreement originally drafted by the City Attorney. Alternatives: Approve it, deny it, or modify it. Supporting Documents: Developer Agreement Plat Exhibit Location Map Park Board Memo Staff Recommendation: Please place on the City Council agenda for July 17, 2001 for Council consideration and approval. Staff Contact: Charlie Thomas, P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 PF/ta 2 RESIDENTIAL DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of LACES ' , hereinafter referred to as the "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 1 lots contained within the Addition and to the off - site improvements necessary to support the Addition. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the Addition completed as rapidly as possible, the City agrees to release 10% of the lots, e9, after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with. block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. hrubrri d� rsafi ire type The Developer will present to the City either a cash escrow, Letters of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to 3 complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best - rated bonding company. All Letters of Credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, Letters of Credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, Letters of Credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letters of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches that,06,nip# currently exist in lieu of curb and gutter, and the City approved the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. E. Until the performance and payment bonds, Letters of Credit or cash escrow required in Paragraph C have been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such 4 improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that the City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this Agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for re -testing as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. R The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as "Builder" will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES A. ON SITE WATER The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to 6 individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS 1. The street construction in the Addition shall conform, �f fir, to the requirements in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. Streets will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 2. The Developer will be responsible for: a. Installation and two year operation cost of street lights, for aPy struts' �r.,,� tian which is payable to the City prior to final acceptance of the Addition; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b. Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances. C. Installation of all regulatory signs recommended based upon the Manual of Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or ,,. direction by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. E. ON SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. F. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the 8 Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build- up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must by paid to the City prior to acceptance of the Addition. G. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a hemeeweeFs homeovrner or other bi er: H. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a hemeewRer6 a66GGiat h©.rneowner. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. START OF CONSTRUCTION Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 9 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre -construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, SAID INDEMNIFICATION TO REMAIN IN EFFECT UNTIL THE CITY ACCEPTS THE ADDITION. 10 DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. 11 F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, Letter of Credit, or other security provided by Developer and complete such work at Developer's expense, provided however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151.309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph 1.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax Code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of the Addition, the Developer shall provide to the City three (3) copies of Record Drawings of the Addition, showing the facilities as actually constructed. Such drawings will be stamped and signed by a registered professional civil engineer. In addition, the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines, and tie in to the state Plane Coordinate System. 12 IV. OTHER ISSUES A. OFF -SITE DRAINAGE B. OFF -SITE WATER C. PARK FEES D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. 13 STATE OF TEXAS COUNTY OF TARRANT On , before me, , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 14 (SEAL) REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the Letter of Credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six percent (6%), and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letter of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. 15 ii;S {�i :1 is f i f =i y 'en � � �► % ;t i if,'� i i�l �� 'fi t} 9 9 v b5 yJq ai��S iQ =irria §,g y a Yla4� as .► �: 'f e t!x Y>E � a �T ) R Y71 • sai ay� a a11F Y� � t ,9 � k •�y �'v e YE o j4 IRja ii i � TYadY 1 f }sqa ia.: `11�Y j 03 ax a3 29 ?° Jz ' qq pep y S 8 is i�? 1 <i o' i�P3v °3 ! fz, in ij 2 ,e e=� f 5 ilai a?�? h Fx �•._e :. t e; xf e Y ri rya + x3 ?i s 3rtr 6i 4:r s i i 3 7 s 16 Vicinity Map The, Lakes on Dove 0 1000 2000 3000 Feet CLC City of Southlake, Texas MEMORANDUM June 20, 2001 TO: Charlie Thomas, City Engineer FROM: Chris Carpenter, Senior Park Planner SUBJECT: Recommended Park Dedication Requirements — Lakes on Dove (formerly Dove Road Estates) At their October 9, 2000, meeting, the Parks and Recreation Board considered a recommendation to accept credit for trail -related construction in lieu of the payment of park dedication fees for the Lakes on Dove, a 12-lot residential development. The required land dedication for this development is .30 acres of park land. The equivalent in park dedication fees for this addition, at $1,500 per lot is $18,000. Section 7.05(A)(1) of the City of Southlake Subdivision Ordinance states the following: "The City Council shall, upon recommendation by the Park Board, determine the applicability of a developer's payment of fees in lieu of the land dedication requirements of this section." ■ The Parks and Recreation Board approved a recommendation to the City Council that the park dedication requirements for this development be met through the construction of a 6' off -road trail along the frontage of the subdivision, across the adjacent property to the west, and over a concrete culvert installed by the developer at the intersection of Carroll Ave. The Parks and Recreation Board approved a recommendation (7-0) to accept this installation as credit for the payment of fees in lieu of parkland dedication as meeting the park dedication requirements for this development. Please contact me if you have further questions. Please note also that Section 7.07 of the City of Southlake Subdivision Ordinance specifies that the recommended park dedication assessment by the Parks and Recreation Board is subject to the approval of the Planning and Zoning Commission and/or the City Council, and is dependent upon the number of dwelling units (residential) or developed acreage (non-residential). Therefore the above recommendation is subject to change dependent upon further review of a particular development or changes to the proposed development that affect the fee criteria, if any. 18 cc: Malcolm Jackson, Chief of Building Services Bruce Payne, Planning Director Kevin Hugman, Community Services Director 19 Building Construction Costs S.F. Recreation Center 36,455 $4,374,626 Sub Total Building Construction Costs $4,374,626 Furnishings & Equipment Unique Spaces Game Room Office FF&E General Equipment Subtotal Site Construction Costs (parking lot, landscaping, utilities, walks $10,000 $110,000 $240,000 $360,000 Parking and paving $180,000 Landscape $80,000 Utilities $150,000 Subtotal $410,000 Sub Total Estimated Project Costs: $5,144,626 Contingency $514,463 Bidding, Construction & Inflation 10% 1E otal Gonstruct�wnosts �.. �.._ �_ ._ Note: Cost Based on a March 2002 Bid Date 96013\P2\S Q FT8-29.x1s Building Construction Costs S.F. Recreation Center 36,455 $4,374,626 Sub Total Building Construction Costs $4,374,626 Furnishings & Equipment Unique Spaces Game Room Office FF&E General Equipment Subtotal Site Construction Costs (parking lot, landscaping, utilities, walks $10,000 $110,000 $240,000 $360,000 Parking and paving $180,000 Landscape $80,000 Utilities $150,000 Subtotal $410,000 Sub Total Estimated Project Costs: $5,144 626 Contingency $514 463 Bidding, Construction & Inflation 10% Totalonstruc©n Cons x �.._, X_ Note: Cost Based on a March 2002 Bid Date 96013\P2\S Q FT8-29.xls N MEMORANDUM July 16, 2001 TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 1713 SUBJECT: Ordinance No. 789-A, V Reading, Amending Ordinance No. 789, amending ITY 2000-01 Annual Budget. Action Requested: City Council consideration of Ordinance No. 789-A to amend the FY 2000- 01 Annual Budget. Background Information: Ordinance No. 789-A is presented to the Council to reflect the proposed changes to the Adopted FY 2000-01 Annual Budget. The amendments to the budget reflect an increase of $112,209 in personnel, $68,676 and in operations and $227,195 in capital requests. Division 105, Support Services request reflects a proposed increase of $129,060 primarily due to expiration of computer leases. Division 107, Municipal Court request reflects a proposed increase of $47,000 primarily due to increased personnel cost related to the computer conversion. Division 132, Police Services request reflects a proposed increase of $121,570 primarily due to increased in personnel, computer equipment and building improvements. Division 142, Building Services request reflects a proposed increase of $4,245 in personnel cost. Division 146, Public Works Administration request reflects a proposed increase of $6,965 in personnel cost. Division 151, Economic Development request reflects a proposed increase of $4,835 in personnel cost. Division 161, Community Services request reflects a proposed increase of $6,900 due to additional SPIN mailings and meeting notification signage. Division 162, Parks and Recreations request reflects a proposed increase of $87,505 due primarily to capital request. r r Financial Considerations: The proposed amendment increases budgeted expenditures by $408,080. It is expected that revenues will continue to come in at or slightly above budget estimates with the exception of permit revenues. Finance will continue to monitor permit collections and if necessary staff will present a proposal to reduce permit revenue in the future. It is anticipated that fund integrity will be maintained, as the expenditure adjustments reflect the general fund balance at 25.2% ($4,329,899). This is within the adopted Fund Balance Policy, which states a minimum balance of 15% and an optimum balance of 25%. Citizen Input/ Board Review: Public Hearing, 2°d reading scheduled for August 7, 2001. Legal Review: N/A Alternatives: The alternative is not to amend the budget and forgo the proposed revisions. Supporting Documents: Ordinance No. 789-A and Exhibit A. Staff Recommendation: Approval of Ordinance No. 789-A by the City Council. REVENUES Ad Valorem Taxes Sales Tax/Mixed Beverage Franchise Fees Fines Charges for Services Permits/Fees Miscellaneous Interest Income Total Revenues EXPENDITURES City Secretary Human Resources City Manager Support Services General Government Total Finance Municipal Court Municipal Court -Teen Court Finance Total Fire Police Public Safety Support Building Public Safety Total Streets/Drainage Public Works Administration Public Works Total Planning Planning Total Economic Development Economic Development Total Community Services Parks and Recreation Library Services Community Services Total Total Expenditures Excess (deficiency) of Revenue over Expenditures OTHER FINANCING SOURCES AND (j 14R41 Proceeds from lease/CO (net) Transfer In -Other Funds Transfer To -Other Funds Total Other Sources/(Uses) Excess (deficiency) of Revenues/other sources over Exp. FUND BALANCE OCT 1 Change in reserved fund balance ENDING FUND BALANCE fund balance percentage GENERAL FUND Statement of Revenues, Expenditures and Changes in Fund Balance for the period ended May 31, 2001 with comparative actual amounts for the period ended May 31, 2000 (fiscal month 8 - 66.67%) Year to Date $7,192,461 3,118,347 1,036,935 664,587 352,052 1,035,240 200,435 $13,773,430 $169,425 127,506 249,038 318,579 213,748 1,191,877 2,430,343 613,487 533,763 298,172 752,179 95.347 1,145,698 $9,926,839 AMENDED 2000/01 $7,626,173 4,117,565 1,147,916 853,755 575,620 1,712,555 256,102 $16,489,686 $332,524 203,331 374,587 472,595 367,103 1,960,406 4,188,367 1,004,913 1,013,588 490,655 1,416,166 339,401 2,24.6-222 $17,189,042 $3,846,591 ($699,356) $0 $0 0 210,000 0 .0 $0 $210,000 $3.846.591 $4,819,255 C$489 356) $4,819,255 $0 S8.665,846 $0 S4 329 899 25.2% Actual Percent Year to Date 5/31/00 Total Collected/ $5,514,843 9/30/00 $6,458,757 Expended 85.4% 2,400,449 3,683,797 65.2% 1,045,747 1,295,377 80.7% 649,445 877,526 74.0% 230,658 750,398 30.7% 1,667,438 2,545,408 65.5% 178,979 299,040 59.9% 155.813 3-09,404 50.4% $11,843,372 $16,219,707 73.0% $190,204 $285,591 66.6% 147,183 244,667 60.2% 248,512 369,485 67.3% 1.829 247 2-507,85.4 72.6% 2,406.146 3,407.597 70.6% 341,006 468,629 72.8% 221,227 338,324 65.4% 49,416 76,988 64.2% 611,649 883,941 69.2% 1,230,031 1,872,628 65.7% 2,638,654 3,814,076 69.2% 675,078 950,623 71.0% 566,215 844 627 67.0% 5,109,978 7.481T954 68.3% 599,073 889,709 67.3% 538.440 688 503 78.2% 1,137,513 1,578,212 72.1 % 320 428 508 719 63.0% 320,428 508-719 63.0% 140,010 227 708 61.5% 140,010 227,708 61.5% 307,988 454,583 67.8% 874,126 1,532,806 57.0% $866,201 $39,384 $0 $0 0 1,235,527 0 0 $0 $1,235,527 $866 201 $j,274 911 $3,544,344 $0 $4,819,255 29.8% 66.2% 59.8% 67.8% ORDINANCE NO. 789-A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REVISING THE BUDGET FIGURES FOR FISCAL YEAR 2000-01 BEGINNING OCTOBER 1, 2000, AND TERMINATING SEPTEMBER 30, 2001, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Manager has prepared a revision of certain figures in the 2000-01 budget which was approved by City Council with Ordinance No. 789 on September 12, 2000, and submitted same to the City Council; and, WHEREAS, a copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, the City Council has studied the Budget Amendment and has determined that the Budget Amendment 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 2000-01 budget, be, and the same are hereby, in all things, approved and appropriated, and any necessary transfers between accounts and departments are hereby authorized, approved, and appropriated. Section 3. That the Budget Amendment attached hereto as Exhibit "A" and incorporated herein for all purposes is adopted for the Fiscal Year beginning October 1, 2000, and ending September 30, 2001; 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 has determined that there are revenues available for appropriation in excess of those estimated in the 2000-01 approved budget. 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. 4 314 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 2001. Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary PASSED AND APPROVED ON second reading this day of , 2001. ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney Date: Adopted: Effective: Rick Stacy, Mayor