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1999-12-07 CC Packet
City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 772) SUBJECT: Authorize the Mayor to enter into a renewal with Minors Landscape Services, including Change Orders #1 and #2, additional facilities, for mowing of City parks and facilities Action Requested: City Council authorization for the Mayor to enter into a renewal with Minors Landscape Services of Fort Worth, Texas for mowing of City parks and facilities, including Change Orders #1 and #2, additional facilities, for $68,412.86. Background Information: The FY 1999-2000 Parks and Recreation Division Budget contains a line item amount of $130,000 for contract mowing and landscape maintenance of City parks, City facilities, City rights-of-way and medians (50 acres), State rights- of-ways for FM 1709 and Highway 114 (81 acres), and Town Square public areas (1.5 acres). The 1999 mowing contracts for State right-of-way mowing (VMC Landscape Management), City right-of-way mowing (French Landscape Management), and Town Square public areas (Landscape Resources Incorporated) expired on October 31, 1999. City staff needs to seek new bids on the State right-of- way and City right-of-way 2000 mowing contracts. The Town Square public areas contract for FY 2000 was renewed with Landscape Resources Incorporated for $14,749.12. The 1999 contract for City parks and facilities with Minors Landscape Services also expired on October 31, 1999. However, the approved contract provides for two (2) twelve-month renewals. These renewals allow for factoring inflation and the inclusion of additional properties, but the total percentage increase must not exceed twenty-five percent (25%) of the original contract amount. The bid opening for this contract was held on April 20, 1999. Four (4) vendors submitted bids for this project, of which three (3) met the criteria for consideration. Minors Landscape Services submitted the low bid in the amount of $45,420.50, plus Alternate #1 of fire ant treatment at $10,062.36, for a total bid price of $55,482.86. The City Council awarded the contract for mowing services and Alternate #1 at the May 4, 1999 meeting (5-0). 5&1 Billy Campbell, City Manager December 3, 1999 Page 2 Change Order No. 1, dated May 5, 1999, added the Department of Public Safety future site north of F.M. 1709 and east of Randol Mill Avenue. Change Order No. 1 totaled $2,275.00, a four percent (4%) increase. Change Order No. 2 adds the following properties into the contract for the next twelve (12) month period: ■ Bicentennial Park Phase II - thirty-one (31) cycles at $285.00 per cycle, totaling $8,835.00. ■ The Coker Property, located at the southeast corner of Foxfire and Lonesome Dove Road - thirteen (13) cycles at $140.00 per cycle, totaling $1,820.00. Change Order No. 2 totals $10,655.00 (a nineteen (19%) increase), bringing the total contract amount for the next twelve (12) month period to $68,412.86. The total of Change Orders No. 1 and 2 increase the original contract total by twenty-three percent (23%). City staff is satisfied with the performance of Minors Landscape Services over the six (6) month contract period, and there was no percentage increase in the service costs from the original contract amount. Financial Considerations: The FY 1999-2000 Parks and Recreation Budget allocates $130,000.00 for contract mowing services. Authorization of the renewal of the contract with Minors Landscape Services for $68,412.86 leaves an unencumbered balance of$61,587.14 for the other three (3) contracts. The FY 2000 Town Square public areas contract totals $14,749.12, leaving an unencumbered balance of $46,838.02 for the remaining two (2) contracts. The FY 1999 total for these two (2) contracts was $21,989.00, and City staff is confident that the FY 2000 contracts for the remaining items will fall within the unencumbered balance. Citizen Input/ Board Review: The City Council authorized the Mayor to enter into a contract with Minors Landscape Services at the May 4, 1999 meeting on Consent agenda (5-0). Legal Review: The City Attorneys have reviewed the contract for compliance with applicable laws and procedures. SIR Billy Campbell, City Manager December 3, 1999 Page 3 Alternatives: Alternatives include the following: ■ Withhold authorization to renew the contract with Minors Landscape Services and proceed to open the bidding process prior to awarding a contract for these services. Supporting Documents: Supporting documents include the following items: ■ Copy of the renewal contract with Minors Landscape Services. Staff Recommendation: Place as an item for consideration for the City Council to authorize the Mayor to extend the contract for annual City owned parks and facility mowing services with Minors Landscape Services in the amount of $68,412.86. KH S$-3 Lw i-cv-1 oao 1 ut ue-a t ru I MUUMttll LhlYUUhKt t'W r h1S Nu, 8 i ewni5U V. U4 �- City of Southlake • October 14, 1999 Minors Landscape Services Mayer. ATTN: Mr. Scott E. O'Donnell, Regional Marketing Director Rick Stacy 2550 Berner Street Mayor Pro Tem' Fort Worth, Texas 76111 Gary Fawks Deputy Mayor Pro Tom: Dear Mr. O'C)onneIl: Rornia Konc'all The City of Southlake would like to renew the mowing contract for Park Councilmembem Mowing Services currently in effect with Minor's Landscape Services wayre Moffat Rex Potter through October 31, 1999. Per Item Number Ten (10) of the Debra Edmondson INSTRUCTIONS TO BIDDERS section of the Contract, this renewal would Patsy DuPre be effective November 1, 1999 for a twelve(12)month period through C,ty Manager; October 31, 2000. Billy Campbell Assistant City Manager: With acceptance of this contract renewal for the 1999-2000 mowing season, Shana K.Yelverton the conditions and requirements of the 1999 mowing contract will continue. ;Jy secretary: ( Change Order items are provided in the AUTHORITY TO QUOTE section of Sandra L.t.eGrard the supplemental contract renewal documents enclosed with this request. Any questions regarding the renewal and transfer of this contract should be addressed to me at(317) 481-5581,extension 824. Sincerely, Caen Ht>rnry Parks Planning and Construction Superintendent Acceptance; Scott E. O'Donnell Date Minor's Landscape Services Community Services Department • Parks and Recreation Division Bicentennial Park Community Center 400 North White Chapel • Southlake,Texas 76092-6242 (817) 481.5581, Ext. 756 • FAX (817) 421.2175 parkrec @ airmail.rtet 'AN EOUAL OPPORTUNITY EMPLOYEA' 9B,-q STANDARD FORM OF AGREEMENT `+. BETWEEN THE CITY OF SOUTHLAKE AND CONTRACTOR THIS AGREEMENT is dated as of the 1st day of November in the year 1999 by and between the City of Southlake (hereinafter called OWNER) and Minor's Landscape Services, Inc. , of the City of Fort Worth , County of Tarrant , State of Texas (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. The PROJECT for the Work detailed under the Contract Documents (see Article 7 of this Agreement for items included in the "Contract Documents") is generally identified as following: Park Lawn and Rights-of-Way Mowing Services Contractor shall perform the work specified in the contract documents. Article 2. CONTRACT TIME. 2.1. This Agreement will be effective the date of award by City Council and through October 31, 2000. 2.2. Services shall be delivered on a continuous basis and shall only be interrupted due to inclement weather, holidays, or as directed by the OWNER. Prices must be firm for the entire contract period. At the OWNER's option and mutual agreement with the CONTRACTOR, the contract may be renewed for two (2) additional twelve (12) month periods. The service purchased under this contract may be subject to price adjustments (increase or decrease) at the time of renewal based on the current Employment Cost Index for the industry category published by the U.S. Department of Labor, Bureau of Labor Statistics, and as compared to the prices quoted as part of the original award. Any price adjustment must be presented to the OWNER at least 60 days before the expiration of the current contract. Should funds for this contract not be available for the OWNER's next fiscal year, then this contract will terminate at the end of the current fiscal year. Article 3. CONTRACT PRICE. 3.1. OWNER shall pay CONTRACTOR the prices in CONTRACTOR's bid quote plus additional work performed when authorized by OWNER. Additional S0194-5 work shall be paid based on the acreage quoted for the area where the work is to be performed. 3.2. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in this contract. All change orders to the contract will be made in writing and shall not be effective unless signed by an authorized representative of the OWNER. Article 4. PAYMENT PROCEDURES. 4.1. Payment to CONTRACTOR will be after satisfactory completion of scheduled mowing or OWNER authorized mowing and receipt of invoice or other billing instrument used by CONTRACTOR and Work Record Summary. 4.2. Invoices for payment with work record summaries should be submitted in C/O the Park Planning and Construction Superintendent, 400 N. White Chapel Boulevard, Southlake, Texas 76092. All charges are to be less sales tax as OWNER is tax exempt. Article 5. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 5.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work to be performed, site locality, tests, reports, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 5.2. CONTRACTOR has correlated the results of all such observations, investigations, explorations, test, reports and studies with the terms and conditions of the Contract Documents. 5.3. CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution by OWNER is acceptable to CONTRACTOR. Article 6. MISCELLANEOUS. 6.1. ASSIGNMENTS: No assignments by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without written consent by OWNER and of the party sought to be bound; and specifically but without limitation moneys that may come due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may limited by law), and unless specifically stated to the Sg• 6 contrary in any written consent to an assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 6.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 6.3. TERMINATION: OWNER may terminate the Agreement by giving CONTRACTOR notice in writing. Upon delivery of such notice by OWNER to CONTRACTOR, CONTRACTOR shall discontinue all services in connection with the performance of the Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, CONTRACTOR shall submit a statement, showing in detail the services performed under this Agreement to the date of the termination. OWNER shall then pay CONTRACTOR that portion of the prescribed charges which the services actually preformed under this Agreement bear to the total services called for under this Agreement less such payments on account of the changes as have been previously made. Copies of all completed designs, plans and specifications prepared under this Agreement shall be delivered to OWNER when and if this Agreement is terminated. 6.4. CLEANUP: Upon completion of the work each day, CONTRACTOR shall remove from the site, all materials, tools and equipment belonging to him, and leave the site with an appearance acceptable to the OWNER's representative. CONTRACTOR shall restore any area damaged or disturbed by CONTRACTOR outside of the City rights-of-way and property to original condition to the satisfaction of the property owner. A release from the property owner may be required. Restoration of all other areas outside actual project areas shall be to original condition. 6.5. SUBCONTRACTING: 1. CONTRACTOR may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. 2. CONTRACTOR shall not award any work to any subcontractor until CONTRACTOR submits to OWNER a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as OWNER may require. 3. CONTRACTOR shall be as fully responsible to OWNER for the acts and omissions of his subcontractors, and of persons either directly or 5 •? indirectly employed by them, as he is for the acts and omissions of persons �..r directly employed by him. 4. CONTRACTOR shall have a person, that is on his payroll and with the authority to make decisions, on site at all times. 5. Nothing contained in this Agreement shall create any contractual relation between any subcontractor and OWNER. CONTRACTOR is an independent contractor. 6.6. PERMITS AND LICENSES: CONTRACTOR shall procure at his expense all permits and licenses necessary, pay all charges and fees and give all notices necessary and incident to the prosecution of the work. Fees, except for special licensing, such as Master Electrician, etc., will be waived for required City permits. 6.7. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE: CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, or disability. CONTRACTOR shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, sex, religion, national origin, or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotions or .. transfers, recruitment or recruitment advertising, layoffs, or terminations, rates of pay, or other forms of compensation, selection of training, including apprenticeship, and participating in recreational and education activities. CONTRACTOR will in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, sex, religion, national origin, or disability. CONTRACTOR will cause the foregoing provisions to be inserted in all subcontractors for any work covered by this Agreement. Such provisions shall not apply to contracts for standard commercial supplies or raw materials. 6.8. INSURANCE: Simultaneously with execution of this Agreement, CONTRACTOR must provide OWNER with proof of insurance as defined in the Contract Documents. 6.9. BONDS: Simultaneously with execution of this Agreement, CONTRACTOR must provide OWNER a surety bond or bonds as defined in the Contract Documents. 6.10. SAFETY: 1. CONTRACTOR shall comply with all Occupational Safety and Health Act (OSHA) standards and any other Federal, State or Local rules and 56•$ regulations applicable to construction and/or maintenance activities in the State of Texas. 2. OWNER Safety Personnel or any supervisor may, but are not required to, order that the work be stopped if a condition of immediate danger is found to exist. Nothing contained herein shall be construed to shift responsibility or risk or loss for injuries or damage sustained as a result of a violation of these safety articles from CONTRACTOR to the City of Southlake. CONTRACTOR shall remain solely and exclusively responsible for compliance with all safety requirements and for the safety of all persons and property at the project site. 3. CONTRACTOR must meet State and Federal requirements regarding any applicable Material Safety Data Sheets. 6.11. LIENS: CONTRACTOR agrees to and shall indemnify and save harmless the OWNER against any and all liens and encumbrances for all labor, goods and services which may be provided under the OWNER's request, by seller or seller's vendor(s) and if the OWNER requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the OWNER. 6.12. PATENT INDEMNITY: CONTRACTOR hereby warrants that the use or sale of the products and materials delivered hereunder will not infringe on the '�.. rights of any patent, copyright, or registered trademark, covering such materials and CONTRACTOR agrees to indemnify and hold harmless OWNER for any and all costs, expenses,judgements and damages which the OWNER may have to pay or incur. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between the OWNER and CONTRACTOR concerning the work consist of the following: ❖ Cover letter signifying interest in renewal. ❖ Standard Form of Agreement ❖ Authority to Quote 1. Description and specification for facilities 2. Authority to Quote (with Addenda and Executed Change Orders) ❖ Insurance Certificate (completed by Contractor's insurance agentibroker) ❖ Insurance Bid Attachment ❖ Surety Bond �1 ,.. Executed on behalf of the CONTRACTOR by its owner shown below, and on behalf of the OWNER by its Mayor, or authorized representative, this agreement will be effective on the 1" day of November , 1999. OWNER: CONTRACTOR: CITY OF SOUTHLAKE Name: 1725 E. SOUTHLAKE BLVD. SOUTHLAKE, TEXAS 76092 Address: City: State & Zip: By: BY: Billy Campbell, City Manager Signature Print Name Print Title Telephone Number CONTRACTOR's Seal (if incorporated) �'� 10 AUTHORITY TO QUOTE I agree to meet the stated minimum requirements as set forth in these specifications and any documents attached for the prices listed below: 1. Bicentennial Park, 400 North White Chapel: Rotary mow once a week, and additional mowing as requested by the City (approximately 6), all areas except inside the ballfield fences, including water tower. Vertical edge all curbs and sidewalks. Mow (with a push or walk behind mower) or weedeat areas around pavilions, trees, signs, flower beds, backstops, benches, and picnic areas throughout park with a two foot (2') border. All grass around pavilions, trees, signs, flower beds, backstops, benches, and other areas where you cannot mow will be trimmed. 2. Koalaty Park, 1725 W. Continental Road: Rotary mow all areas weekly. 3. Noble Oaks Park, 900 S. Carroll Road: Rotary mow all areas weekly. Mow or weedeat around fences, trees, ponds, and signs. All grass around pavilions, trees, signs, flower beds, backstops, benches, and other areas where you cannot mow will be trimmed. 4. City Hall, 667 North Carroll Ave.: Rotary mow all areas weekly. Mow (with a push or walk behind mower) or weedeat edges around parking lot and trees with a two foot (2') border. All grass around pavilions, trees, signs, flower beds, buildings, benches, and other areas where you cannot mow will be trimmed. '�.• 5. Trail Connection, Stone Lakes, 1432 Dartmouth: Rotary mow on each side of sidewalk to the fence weekly. Vertical edge sidewalk. Weedeat around all trees, lights, and signs. 6. Senior Activity Center: Rotary mow all areas weekly. Mow (with a push or walk behind mower)or weedeat edges around parking lot and trees with a two foot border. All grass around pavilions, trees, signs, flower beds, buildings, benches, and other areas where you cannot mow will be trimmed. Vertical edge all curbs and sidewalks. 7. St. Martin's Soccer Fields: Rotary mow all areas weekly. 8. Smith Park, 3001 Johnson Road: Rotary mow all areas weekly. 9. Lonesome Dove Park, 1225 McCrae Trail: Rotary mow all areas weekly. Mow (with a push or walk behind mower) or weedeat edges around parking lot and trees with a two foot border. All grass around pavilions, trees, signs, flowerbeds, buildings, benches, and other areas where you cannot mow will be trimmed. Vertical edge all curbs and sidewalks. 10. Parks Storage Building/Service Center Bar Ditch, Continental Road: Rotary mow all areas weekly. Mow (with a push or walk behind mower) or weedeat edges around parking lot and trees with a two foot border. All grass around pavilions, trees, signs, flower beds, buildings, benches, and other areas where you cannot mow will be trimmed. S8•�� 11. Dove Road Water Tower: Rotary mow all areas weekly. Mow (with a push or walk behind mower) or weedeat edges around parking lot and trees with a two foot border. All grass around pavilions, trees, signs, flower beds, buildings, benches, and other areas where you cannot mow will be trimmed. 12. 1709 Ground Storage Tank: Rotary mow all areas weekly. Mow (with a push or walk behind mower) or weedeat edges around parking lot and trees with a two foot border. All grass around pavilions, trees, signs, flower beds, buildings, benches, and other areas where you cannot mow will be trimmed. 13. Equestrian Trail, Ravenaux Subdivision, 1601 Shady Oaks Drive: Rotary mow five feet on each side of dirt trail every 14 days. Weedeat around all trees and fence. 14. Equestrain Trail, Huse Homeplace Subdivision, 880 Harbor Court: Rotary mow five feet on each side of dirt trail every 14 days. Weedeat around all trees and fence. 15. Bob Jones Park, 3901 N. White Chapel Blvd.: Mow with bush hog, at City's discretion, all non-field areas approximately six times per year. Weedeat around trees and signs near White Chapel Road and berm along Bob Jones Road. 16. Florence Water Tower: Rotary mow areas next to road and around buildings and storage tank every two weeks. All grass around buildings, storage tank, equipment, and other areas where you cannot mow will be trimmed. 17. Peninsula Street Sewer Plant: Rotary mow all areas every two weeks. All grass around fence lines, structures, and other areas where you cannot mow will be trimmed. 18. Bank Street Sewer Plant: Rotary mow all areas every two weeks. All grass around fence lines, structures, and other areas where you cannot mow will be trimmed. 19. Miron Water Tower: Anticipated completion is May of 1999. Mowing cycles will not begin until direction is given by the City. Rotary mow all areas every week. All grass around fence lines, structures, and other areas where you cannot mow will be trimmed. 20. T.W. King Ground Storage Tank: Anticipated completion is August of 1999. Mowing cycles will not begin until direction is given by the City. Rotary mow all areas every week. All grass around fence lines, structures, and other areas where you cannot mow will be trimmed. 21. DPS Future Facility Site Southeast Corner of F.M. 1709 and Randol Mill Road: Rotary mow all areas bi-weekly. All grass around fence lines, structures, and other areas where you cannot mow will be trimmed. 22. Bicentennial Park Phase Il: See Bicentennial Park, Item Number 1. 23. Trail Property at southeast corner of Foxfire and Lonesome Dove Road: Mow with bush hog all areas biweekly. All grass around fence lines, structures, and other areas where you cannot mow will be trimmed. S8•IZ (Based on Seven (7) Day Cycles/Twenty-five (25) Weekly Mowing (Cycles) Total Price Price '�- (Approx.) per per Item Parks/Facility Location Acrea a Mowin Item OPTION A, ITEMS 1-20: 1. Bicentennial Park 400 N. White Chapel 30.0 609.53 x 31 18,895.50 2. Koalaty Park 1725 W. Continental 5.69 9o.o0 x 25 2,250.00 3. Noble Oaks Park 900 S. Carroll Avenue 5.0 123.00 x 25 3,075.00 4. City Hall 667 N. Carroll Avenue 1.0 4o.oo x 25 1,000.00 5. Trail Connection 1432 Dartmouth .094 4o.oo x 25 1,000.00 6. Senior Activity Center 307 Parkwood Drive 1.0 x 25 addendum 12.0 x 13 addendum 7. St. Martins Episcopal 223 S. Pearson Lane 3.0 48.00 x 25 1,200.00 Church Soccer Fields `... 8. Royal and Annie Smith Park 3001 Johnson Road 5.0 78.oo x 25 1,950.00 9. Lonesome Dove Park 1225 McCrae Tr. 7.0 130.50 x 25 3,262.50 10. Parks Storage Building 1905 E. Continental 1.0 39.00 x 25 975.00 (includes 3 visits for brush hog area) 11. Dove Road Water Tower 100 W. Dove 2.0 41.00 x 25 1,025.00 12. Pearson Water Ground 3200 W. Southlake Blvd. 3.0 59.00 x 25 1,475.00 Storage Tank 13. Equestrian Trail 1601 Shady Oaks Drive .2328 20.00 x 13 260.00 14. Equestrian Trail 880 Harbor Court 0.1212 20.00 x 13 260.00 15. Bob Jones Park 3901 N. White Chapel 35.0 445.00 x 6 2,670.00 16. Florence Water Twr. Brewer St/Florence 1.0 35.00 x 13 455.00 17. Peninsula Street Peninsula Street 1.0 35.00 x 13 455.00 Sewer Plant 18. Bank Street Bank Street 0.5 25.00 x 13 325.00 Sewer Plant sme. t3 19. Miron Water Tower Miron Street 2.0 47.00 x 20 940.00 20. T.W. King Water T.W. King Street 2.0 45.oo x 8 360.00 Ground Storage Tank ADDENDUM #1 Senior Activity Center 307 Parkwood Drive 1.0 46.00 x 25 1,150.00 12.0 187.50 x 13 2,437.50 Spot treatment for fire ants using Orthene or approved equal. 10,062.36 CHANGE ORDER #1 21. DPS Future Facility Site F.M. 1709 /Randol Mill 4 175.00 x 13 2,275.00 CHANGE ORDER #2 22. Bicentennial Park Phase II 450 W. Southlake Blvd. 7 285.00 x 31 8,835.00 23. Trail Property S.E. Foxfire/ Lonesome Dove 140.00 x 13 1,820.00 �..r Total Price for Mowing Areas for a 25 Week Cycle: $ 68,412.86 Price per Acre (or any portion of an acre) 45.00 - Finish Cut Requested Mowed and Not Part of the Designated Areas: $ 60.00 - Brush Hog Bidder/Company Name: Minor's Landscape Services, a TruGreen ChemLawn Company Authorized Representative: Scott E. O'Donnell Signed: Title: Regional Marketing Manager Address: 2550 Berner Street City, State & Zip: Fort Worth, Texas 76111 Telephone #: ( 817 ) 740-9792 Fax #: ( 817 ) 740-9778 Date: December 3, 1999 S730-14t ATTACHMENT II INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at the Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE AMOUNT 1. Worker's Compensation Statutory 2. Commercial General (public) Liability insurance including coverage for the following: a. Premises operations Combined single limit for bodily b. Independent contractors injury and property damage of C. Products/completed operations $500,000 per occurrence or its d. Personal injury equivalent. e. Advertising injury f. Contractual liability g. Medical payments Cow ' 3. Comprehensive Automobile Combined single limit for bodily Liability insurance, including injury and property damage of coverage for loading and $500,000 per occurrence or its unloading hazards, for: equivalent a. Owned/leased vehicles b. Non-owned vehicles C. Hired vehicles ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, The Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, �... the following required provisions: a. Name the City of Southlake and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; C. Provide for notice to the City at the two addresses shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Southlake, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds ofinsurance; e. Provide that all provisions of this agreement concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. 6711V 1 & NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following two addresses: Community Services Department City of Southlake 400 N. White Chapel Road Southlake, TX 76092 Office of the City Secretary City of Southlake 1725 E. Southlake Boulevard Southlake, TX 76092 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. �� •17 DATE(MMjDOiYY) AI;111�lIs CERTIFICATE OF INSURANCE May 5, 1999 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION J$H MARSH &MCLENNAN OF ILLINOIS, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 500 WEST MONROE STREET, SUITE 2300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR r""CAGO IL 60661-3630 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A ZURICH INSURANCE COMPANY INSURED .i COMPANY TRUGREEN L.P. B AMERICAN GUARANTY 8 LIABILITY INSURANCE COMPANY DBA MINOR'S LANDSCAPE SERVICES P.O. BOX 17167 COMPANY MEMPHIS, TN 38187 C AMERICAN-ZURICH INSURANCE COMPANY CCMPANY BRANCH# 6058 p COVERAGES THIS S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO i POLICY EFFECTIVE POLICY EXPIRATION LTR t DATE(MM/DDIYY) DATE(MMrDDiYY) I LIMITS TYPE OF INSURANCE POLICY NUMBER A I GENERAL LIABILITY GL0834388802 04/01/98 04/01/00 1 GENERAL AGGREGATE 1 $ S50 MILLI X I COMMERCIAL GENERAL LIABILITY i PRODUCTS-CCMPIOP AGG I $ 1 000 000 �I OCCUR LAIMS MADE ; XI UR i PERSONAL 3 ADV INJURY ; $C I OOW'NER'S d CONT PROT I I EACH OCCURRENCE ! 3 j ! j FIRE DAMAGE(Any one fire) 3 1 QQQ.O-0� t MED EXP fAny one person) 35000 A, AUTOMOBILELIABLLITY I BAPS343900-02(AOS) 04/01/98 04/01/00 COMBINED SINGLE LIMIT 5 1 000,000 }{ ANY AUTO SAP8343897-02(VA) ALL OWNED AUTOS TAP8343892-02(TX) BODILY INJURY 3 i SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per acrdent) $ PROPERTY DAMAGE I $ � I 11 GARAGE LIABILITY ' I AUTO ONLY-EA ACCIDENT I $ i OTHER THAN AUTO ONLY ANY AUTO . j EACH ACCIDENT 3 I AGGREGATE EXCESS LIABILITY ! ! EACH OCCURRENCE 3 UMBRELLA FORM ;AGGREGATE ! $ OTHER THAN UMBRELLA FORM I$ A WORKERS COMPENSATION AND WC8343880-02(AOS)- 041D1/98 04/01/00 iX i STATUTORY LIMITS C ! EMPLOYERS'LIABILITY WC8343878-02(IL)- OR RENEW NUMBERS EACH ACCIDENT S B 1 THE PROPRIETOR/ j ,NCL WC8343870-02(CA)- THEREOF t DISEASE-POLICY LIMIT is I Doom PARTNER&EXECUTIVE A ! OFFICERS ARE: V EXCL WC8343864-02(OR,WI)- I DISEASE-EACH EMPLOYEE $ 1,000-00 OTHER I I DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESiSPECIAL ITEMS (UMITS MAY 3E SUBJECT TO RETENTIONS) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of SOUthlake EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1 725 Cast SOuthlake '�O DAYS WRITTEN .NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Southlake TX 76092 3UT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILRY �I OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. 1 AUTHORIZED REPRESENTATIVE ACORD 25-5(193) �� ACvRD CORPORA N 1933 SbNT BY:NEAR NORTH INSUR : 5- 4-99 : 16:24 CHICAGO 901766149S:# 4; 9 i ATTACHMENT IV PERFORMANCE BOND Bond No. 11119458831 STATE OF TEXAS COUNTY OF KNOWN Mino ALL MEN BY THESE PRESENTS: That reel7T L.P,�� -' ri of Fcrt Worth Counter of �'°� ` -1 eand Stale te a Ciof Texas , as principal, wWFirernan Is Ft74 Insurance CaTPaAYthorized under the laws of the Sate of Toxas to act as surety on bonds for principals,are held and firnly bound unto City of Southlake, Texas (Owner), in the penal sum of Tweary-five Thousand Dollars (S2_ 5,000) for the payment whereof. the said Principal and Surety bind themselves, their weirs, administrators, executors, successors and assins,jointly and severally, by these presents, WHEREAS, the Principal his entered into a cermh written contract with thr Owner, dated the day of , 1999 to Conrr,acr Park and City Property,iloxring which contract is hereby referred to and :Wade a part hereof as fuUy and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDMON OF THIS OBLIGATION IS SUCK, that if the said Principal &hail faithfully perform said Conrract and shall in all respects duly and faithfltWy observe and perform all and singular coveneants, conditions and agreements in and by said Contract agreed and cover anented by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter n53 of the Texas Government Code as amended and all liabllijes on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Sur cty, for value received, stipulates and agrees that no change, extension of time, alteration or addition in terms of the contract, or w the work performed thereunder, or the plats, specifications, drawings accompanying the sane, shall in any way affect its obligation on This bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. I:� WITNESS W3IEREOF, the said Principal and Surety have sinned and ;eal:d this instrament this 4th day of May 1999. TruGreen., Inc. as Managing General Partner for Tr Green L.P. d/b/a Minors Landscape t'PlI1CiFd� s �PS�n7s Md Tnsnjranr��, Tttl>ri/ <<� Titl Clark y tornev—in act —77 Pi,kn 'towing Savlzu f9 _ City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 757, 772) SUBJECT: Authorize the Mayor to enter into a professional services agreement with Carter Burgess, Inc. for consulting services for Trail System Master Plan update Action Requested: City Council approval authorizing the Mayor to enter into an agreement with Carter Burgess, Inc., for consulting services to update the Trail System Master Plan. Background Information: The Trail System Master Plan was developed in August of 1995 and serves as a guide for the development of bike ways, equestrian ways, and pedestrian ways for the City of Southlake. The purpose of the plan is to provide long range development direction for a trail system that meets the needs of the community. Section 11.06 (d) of the City Charter addresses the review process for Master Plans and states, "The Master Plan Components shall be reviewed by the Planning and Zoning Commission and updated as necessary to reflect changing City conditions and requirements every four (4) years." Section 11.06 (b)(4) lists the City-wide Trail System Master Plan as a master plan component. As noted previously, the Plan was last updated in August of 1995 and is scheduled for review and revision. Staff sought a proposal from Carter Burgess to provide professional consulting services for the update to the Trail System Master Plan. Carter Burgess is a large, well known firm providing a variety of planning and engineering services within the Dallas-Fort Worth area. They specialize in park and recreation plan development and design and have completed numerous trail system projects within the area for such cities as Arlington, Fort Worth, and Colleyville. Carter Burgess will be working on this project in conjunction with Bowman-Melton Associates located in Dallas. Over the past six years these two firms have worked together on various trail system projects, capitalizing on each of the others strengths to create a better end product for the client. Annie Bowman and Bud Melton specialize in bicycle and pedestrian access and mobility planning and are very active in the regional planning of trail systems. They presently serve on the Board of the Texas Trails Network and have worked on trail system planning and design since 1982. Bowman-Melton has also completed work with many local and regional communities including trail system master plans for the cities of Colleyville, Cedar Hill, Belton, and Woodway. In addition, they conducted an area wide on road bike network study for nine cities in the Waco urban area and completed pending TxDOT Kevin Hugman, Director of Community Services December 3, 1999 Page 2 grant applications for Colleyville, Grapevine, Hurst, and Highland Village. Reference checks with several area cities (Colleyville, Hurst, Grapevine) were all favorable. Financial Considerations: Funding in the amount of $40,000 for the Trail System Master Plan Update is identified in FY1999/00 General Fund Operating Budget. Total fees associated with the Trail System Master Plan Update are not expected to exceed $37,000 (contract summary below). • Data Collection $ 2,960 • Assessment of Current Plans and Conditions $ 7,400 • Public Involvement $ 8,140 • Plan Development and Refinement $16,650 • Plan Adoption $ 1,850 Total $37,000 Citizen Input/ Board Review: The Parks and Recreation Board approved a recommendation to the City Council authorizing the Mayor to enter into a professional services agreement for consulting services to update the Trail System Master Plan at their November 8, 1999 meeting on the Regular agenda (8-0). Legal Review: The City Attorney reviewed the agreement prior to the Parks and Recreation Board review at their November 8, 1999 meeting. Alternatives: Alternatives include the following: ■ Rejection of Carter Burgess, Inc., and request staff to review other engineering and consulting firms. Supporting Documents: Supporting documents include the following: ■ Contract for professional services with Carter Burgess, Inc. Staff Recommendation: Place as an item on the December 7, 1999 City Council agenda to approve authorization for the Mayor to enter into a professional services agreement with Carter Burgess Inc. for consulting services to update the Trail System Master Plan. KH `,62 THE STATE OF TEXAS COUNTY OF TARRANT SERVICES CONTRACT TRAIL SYSTEM MASTER PLAN UPDATE City of Southlake Project No. 00.162.002A THIS CONTRACT, By and between the CITY OF SOUTHLAKE, a municipal corporation located in Tarrant County, Texas, hereinafter called "City", and Carter Burgess, Inc., a corporation authorized to do business in the State of Texas, hereinafter called "Consultant", evidences the following: WHEREAS, City desires the professional planning services of Consultant for the evaluation and update of the Trail System Master Plan in order to evaluate and revise potential trail routing for pedestrians, bicyclist, and equestrian users within the City of Southlake, County of Tarrant, Texas hereinafter called "Project"; and WHEREAS, Consultant represents that it is qualified and capable of performing the professional planning services proposed herein for this Project and is willing to enter into this Contract with CITY to perform said services; NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein agreed as follows: 1 . EMPLOYMENT OF THE CONSULTANT CONSULTANT agrees to perform professional services in connection with the Project as set forth in the following sections of this Contract, and CITY agrees to pay, and CONSULTANT agrees to accept fees as set forth in the following sections as full and final compensation for all services provided under this Contract. 2. CONTRACT ADMINISTRATION This Contract shall be administered on behalf of the CITY by the Director of Community Services or his designated representatives (hereinafter called 1 5G•3 "Director"), and on behalf of the CONSULTANT by its duly authorized officials. 3. CONSULTANT'S SERVICES The CONSULTANT agrees to render services necessary for the development of the Project as outlined herein. 3.01 Scope of Project Services a. Project Initiation/Data Collection — Kickoff meeting to collect all available data and develop timelines. Assess inhouse City CAD files for levels of information relevant to project. Document other natural or man-made features that may impact the plan. b. Assessment of Current Plan Elements 1 . Examine current versions of all documents utilized by the 1995 Plan. Review and assess the currently planned hike/bike system corridors, the current status and impacts of park land dedications, and the impacts of "park credits" as a developer incentive. 2. Review most current version of sidewalk ordinance and make recommendations which provide for connectivity to the recommended trail system. Visually assess current condition and use levels of existing sidewalks and volunteer paths along thoroughfares. 3. Conduct Bicycle Level of Service (BLOS) analysis on selected streets as required for trail system continuity. 4. Verify and update the inventory of major features and landmarks, including Town Square, and determine other current and planned origins/destinations the plan may serve. 5. Identify existing and planned trails and land uses in and adjacent to Southlake, and determine potential tie-ins to adjacent cities. C. Plan Coordination / Public Involvement 1 . Review status of 1 14/121 MIS planning process and suggest project placeholders at key locations in the corridor as MIS work-in-progress time lines permit. 2. Conduct 4 to 6 stakeholder meetings focusing on both citywide and sector needs, and provide the public with an opportunity to refine existing trail plans and identify additional potential trail opportunities. 3. Conduct a stakeholder meeting to identify and refine 2 SC-•� equestrian needs. 4. Meet with Development Review Committee, other City officials and staff, and outside consultants retained by the CITY to provide comments and input related to trail plan implementation including work to be performed as part of the Traffic Management Bond program. d. Plan Refinement / Development Strategies 1 . Examine previous plan goals and objectives and recommend revisions. 2. Update the opportunities and constraints matrix, and develop criteria to rank potential alternative corridors, including trail impacts on open space and wildlife. 3. Develop coordinated trail head/intersection design themes for elements such as signs, benches, and other amenities. 4. Include trail and sidewalk design standards reflective of regional guidelines. 5. Develop/refine trails and on-street accessibility guidelines, and suggest language to guide road widenings or construction in the context of the trail plan. 6. Review trail system for equestrians. Evaluate the status of equestrian trails on USACE property in the areas of Bob Jones Park. Meet with equestrians to determine additional needs/priorities. 7. Rank alternative corridors according to proposed criteria. Recommend implementation strategies for high priority segments. 8. Develop and update funding strategies and alternatives. e. Plan Adoption 1 . Present findings and revised draft Plan to citizens, City staff, SPIN Committees, and Park Board. 2. Refine Plan from this input and prepare for City Council approval. 3. Present Plan to City Council for final input. 4. Refine Plan based on City Council input. 5. Submit Plan to City Council for final approval and adoption. f. Assumptions 1 . Fee includes provision to CITY of up to 20 copies of the published document, to be delivered within forty-five (45) 3 scor days after final plan is adopted. Additional copies may be ordered in lot quantities for cost of production based on quantities in a given request. 2. No site surveying, boundary work, or legal descriptions will be prepared under this scope of work. 3. CONSULTANT will provide a general overview of the traffic, hydraulic, and structurally related issues, however, no engineering analysis, studies, or designs are included in this scope of work. 4. No construction documentation or engineering services will be performed under this scope of work. 5. Up to twelve meetings with citizens, City staff, and/or City consultants, as directed, are included as part of the scope of work. 6. Additional requested meetings will be outside of this scope of work and will constitute additional services. 7. Expenses including mileage, photography, telephone, photocopying, and other out-of-pocket expenses are included in the compensation for professional services as indicated in Article 4.01 . 3.02 Additional Professional Services a. Additional services by the CONSULTANT shall be provided if authorized by the CITY in writing. Compensation for the additional services, unless otherwise agreed, shall be a multiple of direct personnel expenses. Direct personnel expenses shall be calculated using the rates and multiplier shown on Exhibit "A", attached hereto. 4. PAYMENT FOR SERVICES CONSULTANT shall submit itemized monthly statements for Service Costs incurred. CITY shall make payments within 30 days of the statement date in the amount shown by the CONSULTANT's monthly statements and other documentation submitted and no interest shall ever be due on late payments. 4.01 Compensation for Professional Services for the Trail System Master Plan Update shall not exceed $37,000. 4 5040_ 4.02 Compensation for Other Additional Services that may be authorized shall be a multiple of direct personnel expense. Direct personnel expense shall be calculated using the rates and multiplier shown on Exhibit "A" attached hereto. 4.03 Compensation for Reimbursable Expenses means the actual expenses incurred by CONSULTANT or CONSULTANT's independent professional associates or sub-consultants directly in connection with the Project. Reimbursements by CITY to CONSULTANT shall be based on the following: a. Not applicable. b. Other reimbursable expenses may become due if the CITY requests or authorizes such payment. However, the CITY will not be separately charged for transportation, telephone communication charges, or postage and delivery charges normal to the project; nor for the use of computer-aided design and drafting equipment normal to the project. 5. OWNERSHIP OF DOCUMENTS 5.01 All information and other data given to, prepared, or assembled by CONSULTANT under this Contract, and other related items shall become the sole property of CITY and shall be delivered to CITY, without restriction on future use. CONSULTANT may, at its cost, make copies of any and all documents and items for its files. A set of reproducible documents shall be filed with the CITY prior to final payment. CONSULTANT shall have no liability for changes made to or use of the drawings, specifications, and other documents by anyone subsequent to the completion of the Project. CITY shall require that any such change or other use shall be sealed by the CONSULTANT making that change or use and shall be approximately marked to reflect what was changed or modified. 6. SERVICES BY CITY CITY shall provide the following services under this Contract: 6.01 Provide to the CONSULTANT digital files for all existing survey maps, plats, boundary exhibits, ownership maps, utility exhibits, etc., to be utilized in preparation of the trail routing and preliminary plan development costs. 5 �C� 6.02 The CITY shall meet with CONSULTANT as required for the timely completion of the Professional Services. All meetings will take place within the City of Southlake. 7. COMPLETION SCHEDULE The services furnished by the CONSULTANT under this Contract will be completed in accordance with the following: For the purposes of this Contract, a month is defined as thirty (30) calendar days and a week as seven (7) calendar days. If any of the following submissions fall on a CITY non-working day, then the submission shall be due the following CITY working day. 7.01 . The CONSULTANT shall complete the Trail System Master Plan Update within eleven (1 1 ) months, plus 30-45 days for document publication. If warranted due to delays caused directly as a result of the CITY, a request to extend the completion schedule may be submitted by the COUNSULTANT for review and approval by the CITY. a. Day count for the project shall begin on the date the Letter to Proceed is issued. b. Timelines and corresponding payment for services on this project are as follows: 1 . Data Collection Months 1 — 2 (8%) 2. Assessment of Current Plan and Conditions Months 1 — 6 (20%) 3. Public Involvement Months 3 — 10 (22%) 4. Plan Development and Refinement Months 3 — 10 (45%) 5. Plan Adoption Months 9 — 11 (5%) 8. NOTICE TO PROCEED CITY shall have complete control of the services to be rendered and no work shall be done under this Contract until the CONSULTANT is instructed in writing to proceed. 9. TERMINATION OF CONTRACT CITY may indefinitely suspend further work hereunder or terminate this Contract or any phase of this Contract upon thirty (30) days prior written notice to the 6 SC• 8 CONSULTANT with the understanding that immediately upon the receipt of such notice all work and labor being performed under this Contract shall cease immediately. Before the end of the thirty (30) day period, CONSULTANT shall invoice the CITY for all work accomplished by him prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of CITY upon termination of the Contract and shall be promptly delivered to CITY in a reasonably organized form without restriction on future use except as stated in Article 5. Should CITY subsequently contract with a new consultant for continuation of services on the Project, CONSULTANT shall cooperate in providing information. 10. RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by CITY shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, and consultants for the accuracy and competency of their designs or other work; nor shall approval be deemed to be an assumption of such responsibility by CITY for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractor, agents and consultants. 1 1 . EQUAL EMPLOYMENT OPPORTUNITY 1 1 .01 The CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, ancestry, national origin, or place of birth. The CONSULTANT shall take affirmative action to insure that applicants are employed and that employees are treated during their employment without regard to their race, age, color, religion, sex, ancestry, national origin, or place of birth. 1 1 .02If the CONSULTANT fails to comply with the Federal Laws relating to Equal Employment Opportunity, it is agreed that the CITY at its option may do either or both of the following: a. Cancel, terminate, or suspend the contract in whole or in part; b. Declare the CONSULTANT ineligible for further CITY Contracts until he is determined to be in compliance. 12. AMENDMENTS This Contract may be amended or supplemented in any particular only by written instrument and only as approved by resolution of City Council or the City Manager, except for termination under Article 9, Termination of Contract, which may be accomplished by the Director of Community Services or his 7 RID I designated representative as identified in Article 9, Termination of Contract. 13. COMPLIANCE WITH LAWS, CHARTERS, AND ORDINANCES, ETC. The CONSULTANT, his consultants, agents and employees, and subcontractors shall comply with all applicable Federal and State Laws, the Charter and Ordinances of the City of Southlake, and with all applicable rules and regulations promulgated by all local, state, and national boards, bureaus, and agencies existing and published before date of this agreement that are known by the CONSULTANT or that are known by the CITY which shall make copies available to the CONSULTANT. 14. RIGHT OF REVIEW CONSULTANT agrees that CITY may review any and all of the work performed by the CONSULTANT under this Contract. CITY is hereby granted the right to audit at CITY's election, all of the consultant's records and billings related to the performance of this contract. CONSULTANT agrees to retain such records for a minimum of three (3) years following completion of this contract. 15. CONFLICT OF INTEREST No officer or employee shall have any financial interest, direct or indirect, in any contract with the CITY or be financially interested, directly, in the sale to the CITY of any land, materials, supplies, or services, except on behalf of the CITY as an officer or employee. Any violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his office or position with the CITY. Any violation of this section with knowledge, expressed or implied, of the person or corporation contracting with the CITY shall render the Contract involved voidable by the City Manager or the City Council. 16. CONTRACT PERSONAL This Contract is for personal and professional services; and the CONSULTANT shall not assign this Contract, in whole or in part, without the prior written consent of the CITY. 17. NOTICES All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing the same in the United States Mail at the address shown below unless and until either party is otherwise notified in writing by the other party at the following addresses. Mailed notices shall be deemed communicated after 8 SL-t0 five days. If intended for CITY, to: If intended for CONSULTANT, to: Kevin Hugman Larry P. O'Flinn, ASLA Contact Person Contact Person Director of Community Services P/LA Group Manager Title Title City of Southlake Carter Burgess, Inc. City Firm Name 400 N. White Chapel P.O. Box 985006 Address Address Southlake, Texas 76092 Fort Worth, Texas 76185-5006 City, State, Zip Code City, State, Zip Code (817) 481 -5581 ext. 756 (817) 735-6000 Telephone No. Telephone No. 18. INDEPENDENT CONTRACTOR In performing services under this Contract, CONSULTANT is performing services of the type performed prior to this contract; and CONSULTANT by the execution of this contract does not change the independent status of the CONSULTANT. No term, or provision hereof, or act of CONSULTANT in the performance of this Contract shall be construed as making CONSULTANT the agent, servant, or employee of Southlake. 19. INDEMNITY CONSULTANT agrees to defend, indemnify, and hold CITY whole and harmless against any and all claims for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act, error or omission of CONSULTANT, or any agent, servant, or employee of CONSULTANT in the execution or performance of this Contract, without regard to whether such persons are under the direction of CITY agents or employees. 20. INSURANCE CONSULTANT agrees to maintain, with reasonable deductibles, in full force and effect for the duration of this agreement and any extensions hereof, at the CONSULTANT's sole expense, insurance coverage written by companies 9 SC"I I approved by the State of Texas and acceptable to CITY. Coverage shall include the following types and minimum amounts: MINIMUM TYPE AMOUNT 1 . Workers' Compensation Statutory and Employer's Liability $1001000/500,000/100,000 2. Commercial General Combined Single Limit of Liability Insurance $500,000 per Occurrence 3. Comprehensive Automobile Minimum State Financial Liability Insurance Responsibility Limits 4. Professional Liability $500,000 Per Claim (Errors and Omission) Insurance REQUIRED PROVISIONS 1 . CONSULTANT shall furnish a completed Insurance Certificate to CITY which shall be completed by an agent authorized to bind the named underwriting companies to the coverage's, limits, and termination provisions shown hereon. 2. Name the City of Southlake and its officers, employers, and elected representatives as additional insureds on the General and Automobile insurance coverage's. 3. CONSULTANT or CONSULTANT's insurance provider shall notify CITY in the event of any material change in coverage, cancellation, or nonrenewal and shall give such notices not less than 30 days prior to the change. 4. For coverage's that are written with claims made policies, the required period of coverage shall be continuous coverage for the life of the contract, plus an extended discovery period of 5 years to begin at the end of the contract period. Should CONSULTANT change insurance carriers during this entire insuring period, the replacement policy shall include a prior acts provision to eliminate any lapse in coverage. 21 . VENUE The obligations of the parties to this Contract are performable in Tarrant County, Texas; and if legal action is necessary to enforce it, exclusive venue shall lie in Tarrant County, Texas. 10 Z 22. APPLICABLE LAWS This Contract is made subject to the provisions of the Southlake Code, other City Ordinances, Standards, Southlake Specifications for materials and construction, as amended, and all State and Federal Laws. 23. GOVERNING LAWS This contract shall be governed by and construed in accordance with the laws and decisions of the State of Texas. 24. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof; and this Contract shall be considered as if such invalid, illegal or unenforceable provision had never been contained in this Contract. 25. PUBLISHED MATERIAL CONSULTANT agrees that the CITY shall review and approve any written material about CITY projects and/or activities prior to being published by the CONSULTANT. 26. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter any substance of the terms and conditions of this Contract. 27. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 28. LANDSCAPE ARCHITECTS REGISTRATION LAW The following consumer information is required by the Landscape Architects Registration Law, Article 249c, VTCS: The Texas Board of Architectural Examiners has jurisdiction over individuals licensed under the above named Act. Their address and telephone number are: 8213 Shoal Creek Blvd., Suite 107, Austin, Texas 78758-7589; (512) 458-4126. 11 L3 rei 29. ENTIRE AGREEMENT This Contract (page 1 through 12, and Attachment) embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Contract, and except as otherwise provided herein, cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. IN WITNESS WHEREOF, the parties hereby have executed this agreement in triplicate originals on this date, the day of , 1999 Carter Burgess, Inc. CITY OF SOUTHLAKE, TEXAS: Firm Name Signature Signature Dennis W. Jerke, Vice President Rick Stacy, Mayor Name and Title Name and Title P.O. Box 985006 APPROVED AS TO FORM: Address Fort Worth, Texas 76185-5006 City, State, Zip Code City Attorney ATTEST ATTEST M:\CONTRACTS\TRA ILM STPLN.ENG.DOC EXHIBIT "A" 12 Carter & Burgess, Inc. Hourly Salaries Average Hourly Salary Principal $120.00 Project Manager $ 90.00 Senior Engineer $ 95.00 Engineer $ 80.00 Senior Landscape Architect $ 95.00 Landscape Architect $ 70.00 Trail Planner $ 90.00 CADD Drafter $ 55.00 Word Processor/Secretary $ 45.00 13 ��.,� City of Southlake, Texas y MEMORANDUM December 3, 1999 To: Billy Campbell, City Manager From: Ron Harper, Director of Public Works Subject: Authorize award of bids for Gypsum Board, Glazing, Mechanical, Electrical, Fire Sprinkler, Scaffolding, Metal Stairs, Fiber-reinforced Plastic, Roofing, Exterior Insulation Finish, Joint Sealants, Doors, Finish Carpentry, and Terrazzo Flooring for Town Mall, and to reject bids for Masonry. Action Requested: Authorize the award of bids for various sub-trades for the construction of Town Hall and reject bids for Masonry. Background The City opened bids for various elements of the Town Hall Information project on November 9, 16, and 30, 1999. There were a total of 15 bid packages advertised during this period. In reviewing the bid tabulations, you may notice that several of the projects only had a single bidder. There are several reasons for this. First,this is a large project and many bidders did not have the resources to perform the project. Second, a commitment to meeting the project schedule was a requirement, and bidders were not willing or able to commit to this schedule. Even on most of the projects where a single bidder responded, the costs were within project parameters. Several of the bid packages need some additional explanation. Gypsum Board/Ceiling Systems—three alternates were proposed for this project, all of which would provide an enhancement and upgrade to the ceiling designs and construction. Staff recommends acceptance of the alternates (cost$3,628). Electrical System—An alternate was proposed which would provide an enhanced lighting package on the interior perimeter of the building. This would provide for recessed down lights in lieu 5D-1 City of Southlake, Texas of standard 2'x 4' flow fluorescent fixtures. Staff recommends acceptance of this alternate (cost $65,029). Finish Carpentry and Millwork—Two alternates were proposed which would provide for enhancements to ceiling areas (consistent with alternates for Gypsum Board/Ceilings) and providing a better grade and finish of woodwork in the Council Chambers. (Staff recommends acceptance of these alternatives. Cost$42,332). The total bid for this package exceeded the cost estimate by approximately $288,000. The recommended alternates account for a portion of this. In addition there is millwork and cabinetry that will be funded out of the FF&E budget approved by Council ($1,400,000). The actual overage is approximately $140,000 and is available from the project contingency account. Doors Frames and Hardware—This item was approximately $108,000 over the estimate. Due to timing Staff recommends that this item be awarded at this time since re-bidding will probably not result in significant savings. The funds are available in the project contingency account. Masonry and Cast Stone—This item was bid approximately $572,000 over estimate. The Construction Manager has reviewed the bid and has found several areas where the bid prices were out of line with known prices. The Construction Manager feels that there is good reason to re-bid this item in order to obtain fairer prices. Staff recommends that the bid for Masonry and Cast Stone be rejected. Financial Considerations: The individual bid tabulations for each project is attached. Staff is recommending that 14 projects be awarded for a total of $5,324,462. The equivalent estimate for these packages is $5,139,652. The difference $184,810 will be funded out of the project contingency account and the FF&E budget. It is important to note that this project is still anticipated to be within budget ($10,890,000 construction cost). Attached is an Overall Budget Analysis sheet that reflects this information. At this time contracts have been awarded in the amount of $2,644,223 versus a budget of$2,692,552. If all the bids proposed are awarded as recommended, the city will have awarded bids for$7,695,592. This represents almost 80% of the total bids to be awarded for this project. 5D-2 City of Southlake, Texas Citizen Input/ Board Review: None. Legal Review: None. Alternatives: Council can approve the award of bids as recommended by staff or can modify any of the recommended alternatives. An addition, council can instruct staff to re-bid any of the projects. Supporting Documents: Bid Tabulations Overall Budget Analysis Bid Award Summary Staff Recommendation: Staff recommends that this item be placed on the December 7, 1999 agenda. Staff recommends that all bids be awarded as described and that the Masonry and Cast Stone bid be rejected and that staff be instructed to re-bid this item. G Ron Ha er Director of Public Works 5D-3 SOUTHLAKE TOWN HALL- OVERALL BUDGET ANALYSIS 12/1/99 BID PACKAGE DESCRIPTION BUDGET BUDGET CONTRACT TOTAL CONTRACT ® TOTAL LOW BID TOTAL STREET CLEANING $21,000 $21,000 HOISTING/CRANE/EQUIPMENT $50,000 $50,000 PERIMETER PROTECTION $25,000 $25,000 DUMPSTERS $25,000 i $25,000 DUST PROTECTION $38,000 $38,000 FLOOR OPENING PROTECTION $7,600 $7,600 TEMPORARY WINDOW/PROTECTION $12,500 $12,500 CAST STONE PROTECTION $9,625 $9,625 CLEAN EXTERIOR SKIN $4,111 $4,111 BELOW GRADE WATERPROOFING $13,340 $15,0001 $15,000 SIGNAGE $12,521 $12,521 WINDOW TREATMENT $19,536 $19,536 EXCAVATION $126,345 $109,101 $109,101 CONCRETE&FORMING $882,259 $989,730 $989,730 ELEVATORS $148,920 $131,100 $131,100 ELEVATOR PROTECTION&OPERATOR $45,800 $45,800 STEEL $1,063,313 $933,846 $933,846 UNDERSLAB PLUMBING $53,705 $51,328 $51,328 UNDERSLAB ELECTRICAL $17,327 $15,000 $15,000 BRICK-SUPPLY ONLY $114,250 $126,025 $126,025 BRICK PROTECTION $2,400 2 692 552 $2,400 $2,644.223 MASONRY&CAST STONE $1,998,350 $1,998,350 GYPSUM BOARD/CEILING SYSTEMS $821,315 $783,853 $783,853 GLAZING SYSTEMS $376,434 $310,840 $310,840 MECHANICAUPLUMBING SYSTEMS $1,197,580 $1,178,533 $1,178,533 ELECTRICAL SYSTEMS $761,409 $764,617 $764,617 FIRE SPRINKLER SYSTEMS $118,435 $102,047 $102,047 SCAFFOLDING SYSTEMS $162,500 $145,204 $145,204 METAL STAIRS $223,584 $202,952 $202,952 FIBER REINFORCED POLY $51,000 $46,354 $46,354 BUILT-UP METAL ROOFING $204,113 $188,417 $188,417 EXTERIOR INSULATION FINISH SYSTEM $65,280 $63,200 $63,200 JOINT SEALANTS $68,340 $64,300 $64,300 DOORS,FRAMES,&HARDWARE $255,267 $363,700 $363,700 FINISH CARPENTRY&MILLWORK $678,629 $966,910 $966,910 TERRAZZO FLOORING 1155 666 $5,139.652 $143,535 $143.535 $5.324.462 HANDRAILS $142,200 $142,200 CERAMIC TILE $53,221 $53,221 PAINTING&VINYL WALLCOVERING $173,134 $173,134 ACOUSTICAL WALL PANELS $50,000 $50,000 CARPET&RESILIENT BASE $129,967 $129,967 METAL TOILET COMPARTMENTS & ACCESSORIES, FIRE EXTINGUISHERS & CABINETS $32,135 580 657 32 335 1580 657 SUBTOTAL $10,411,211 $7,695,592 $10,547,692 CONTINGENCY 78 789 342 308 ja42 308 CONSTRUCTION BUDGET $10,890,000 $10,890,000 OVER/UNDER $0 5D-4 O Z C p y D O -y1 ; � ° y C y "i ccO c c zo zivix � 5 = im oogm c°i z � � � g ° ZI oD M ;a _ m TDZ 0 O rv7i-ci u�i m c < m ti 4mm� uJ Z -i I JD C Z m W N m W N N C n 0 C H H H H 40 H C Z OAwJ Nm c Oo N V N N O O 7' W m ro 0 0 0 0 0 r CD O OD OD W _ N N OD N V W W O = N GI OWJ Of N OJ OD 41 41 m A VN GD co K) D N N V OD N N V N N F — S� $ m Moo $ $ ci TfDp -i c n y m 2 m n { y y 0 c avt � Zlz p ° vmiCc�i, Q 3 DOOrn 3 �cc� 00Z ° � M ; O 3 n ; R. m 0 0 (� nn z { m { D m � � Nmcca G cn Z y Cl) O D Z cD m 3 W a to ��En to v+ En EA 69 EA EA di E,9 y m T O J n WON O 11 OODV ? 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O O z �.� vDi z �_ m ti uCi m -jZ < O m z m fA GA CN to 6A fA EA vs aA rA 6A v► to 6A dA to 3 m A n O r 3 C D N N N m -' Cn N 0 Z p _(V 71 O OD �-4 _C�i� W 0 O OD OD O OD O O O O O O O O O O O O O O 1 O O O O O O O O O O O O CD O 0 0 0 0 0 0 Cl 0 Cl 0 o c o c N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 t0 co 5D-19 Town Hall Bid Award Summary Item Low BidderAmount Gypsum FCS $783,853.00 Glazing Jennings 310,840.00 Mechanical Berger Engineering 1,178,533.00 Electrical Mills Electric 764,617.00 Fire Sprinkler Mutual 102,047.00 Scoffolding MDM Scaffolding 145,204.00 Metal Stairs Irwin Steel 202,952.00 Fiber Reinforced DEC 33,377.00 Plastic (Supply) (Installation) FCS 12,977.00 Roofing Supreme Systems 188,417.20 Exterior Insulation Triangle Plastering 63,200.00 Finish Joint& Sealants North Texas 64,300.00 Waterproofing Doors University Building 363,700.00 S ecialties Finish Carpentry FCS 966,910.00 Terrazzo Flooring American Terrazzo 143,535.00 $5,324,462.20 5D-20 Y City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Billy Campbell, City Manager FROM: Lauren Safranek, Director of Human Resources (ext. 836) SUBJECT: Resolution 99-80 Amending the Personnel Policies Handbook to Include a Nepotism Policy and Amend Vacation Accrual Rates Action Requested: Adopt Resolution No. 99-80 amending the Personnel Policies Handbook to include a nepotism policy and amend vacation accrual rates. Background Information: During the Budget Retreat in June, the council expressed an interest in reviewing employee benefits as they compare with our market cities, especially in the areas of vacation accruals and holidays. Staff has reviewed vacation accruals and determined that most cities provide higher accrual rates after ten (10) years of employment and after twenty (20) years of employment. The cities of Grapevine and North Richland Hills' maximum accruals are 24 and 25 days respectively. Most cities that accrue the 20 day maximums allow those accruals to start after 10 years of employment. We have chosen to aline our vacation leave with Grapevine and North Richland Hills as illistrated in our chart below. Staff is recommending 23 days of vacation accrual after ten (10) years of employment and 26 days of vacation accrual after 20 years of employment. Yrs. Of Southlake Southlake Grapevine North Richland -Employment Currently Proposed Hills 1-4 10 days 10 days 12 days 10 days rs 1-2 5-10 15 days 15 days 18 days 15 days ( rs 3-7) 11-20 23 days 21 days 20 da s rs 8-20 21+ 26 days 24 days 25 days Though Section 2.13 of the City Charter addresses nepotism in relation to an elected official, and the City Manager, the city does not currently have a policy that address the employment of relatives within the city. For this reason, staff has developed a nepotism policy that addresses the employment of relatives within the city and within the same departments. Basically, this policy prohibits the appointment of employees in departments where relatives are currently employed, or the appointment of employees that are related to 5E-1 f Resolution 99-80 Amending the Personnel Policies Handbook to Include a Nepotism Policy and Amend Vacation Accrual Rates December 2, 1999 Page 2 the City Manager or department heads anywhere in the city. This policy will not apply to employees with relatives already working in the same department. However, the policy does address the fact that the potential for conflict will be taken into consideration in any future placement of these relatives within the department or city. Financial Considerations: None Citizen Input/ Board Review: None Legal Review: The attorneys have reviewed the nepotism policy and recommended changes that were included in the fmal policy. Alternatives: Not approve the amended vacation accrual rates and/or the nepotism policy. Supporting Documents: Resolution 99-80, including Appendix A and B, and survey of other city vacation accruals. Staff Recommendation: Approve Resolution 99-80. Approved for Submittal to City Council: City Manager's Office 5E-2 RESOLUTION NO. 99-80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEXAS, AMENDMENTS TO THE PERSONNEL POLICIES HANDBOOK TO INCLUDE NEPOTISM POLICY AND AMEND VACATION ACCRUAL RATES. WHEREAS, The City of Southlake develops personnel policies to provide for the proper administration of the affairs of the City and to provide a reference for employees about what is expected of the employee, and what the employee can expect from the City as an employer;and WHEREAS, Any amendments to the personnel policies or new policies must be approved by the Council as specified in the City Charter; and WHEREAS, Chapter 6, Section 2c of the City of Southlake Personnel Policies Handbook states that employees with less than five (5) years of employment will accrue 80 hours of vacation leave each year, and employees with more than five (5) years of employment will accrue 120 hours of vacation leave each year;and WHEREAS, Most cities in the metroplex provide for higher levels of vacation accrual after ten(10) and twenty (20) years of service;and WHEREAS, the City Council recognizes the need for a policy to prohibit the employment of relative within the same department, to eliminate the potential for favoritism or bestowal of patronage, and to minimize the potential for conflict whenever the performance or exercise of official powers or duties may be influenced by relatives; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THAT: Section 1: The City revise its vacation policy as provided in Appendix A, and Section 2: That the City of Southlake hereby adopts the nepotism policy as detailed in Appendix B. Section 3: This resolution shall become effective after its passage and adoption by the City Council. 5E-4 RESOLUTION NO. 99-80 Page 2. PASSED AND APPROVED THIS THE DAY OF , 1999. Rick Stacy, Mayor ATTEST: Sandra L. LeGrand, City Secretary 5E-5 RESOLUTION NO. 99-80 Page 3. APPENDIX A SECTION 2: Vacation Leave C. Employees in regular positions shall receive vacation leave at the following rates: i) After twelve (12) months of continuos employment, 80 hours (2 weeks) of annual vacation leave, accrued at the rate of 3.08 hours per pay period for all employees with the exception of those that work 24 hours on and 48 hours off (2912 employees). After twelve (12) months of continuos employment, 2912 employees will earn 120 hours (2 weeks) accrued at the rate of 4.62 hours per pay period. ii) After five (5) years of continuos employment, 120 hours (3 weeks) of annual vacation leave, accrued at the rate of 4.62 hours per pay period with the exception of 2912 employees. After five (5) years of continuos employment, 2912 employees will earn 180 hours (3 weeks) at the rate of 6.92 hours per pay period. iii) After ten (10) years of continuos employment, 184 hours (4 weeks, 3 days) of annual vacation leave, accrued at the rate of 7.08 hours per pay period with the exception of 2912 employees. After ten (10) years of continuos employment, 2912 employees will earn 264 hours (4 weeks,3 days) accrued at the rate of 10.15 hours per pay period. iv) After twenty (20) years of continuos employment, 208 hours (5 weeks, 1 day) of annual vacation leave, accrued at the rate of 8.00 hours per pay period with the exception of 2912 employees. After twenty (20) years of continuos employment, 2912 employees will earn 288 hours (5 weeks, 1 day) accrued at the rate of 11.07 hours per pay period. All vacation leave shall be based upon the employee's anniversary date. The City Manager may implement special rules, consistent with state law, for personnel of the Police and Fire Departments. 5E-6 RESOLUTION NO. 99-80 Page 4. APPENDIX B City of Southlake Personnel Policies Section: Rules and Regulations Topic: Nepotism Effective Date: December 8, 1999 Approved By: Revision Date: 1.0 Purpose To prohibit the employment of relatives within the same department, to eliminate the potential for favoritism shown to relatives or bestowal of patronage by reason of blood, adoption, or marital relationship, and to minimize the potential for conflict whenever the performance or exercise of official powers or duties may be influenced by relatives. 2.0 Definitions 2.1 Applicant: A person who has applied for employment or a position with the City or an employee who has applied for a different position within the City. 2.2 Employee: Includes probationary, regular full-time, regular part-time, seasonal, and temporary employees of the City of Southlake. 2.3 Department: Any department created by the City Council, identified in Chapter 4, Section 1, of the City of Southlake Charter. 2.4 Relative: 2.4.1 A person related by blood or adoption to the employee as follows: a) parent (mother/father); b) children (daughter/son); c) siblings (sister/brother); d) parent's parents, i.e., grandparents (grandmother/grandfather); e) children's children, i.e., grandchildren (granddaughter/grandson); _ f j sibling's children(niece/nephew); 5E-7 ' Employment of Relatives Page 2 g) grandparent's children (aunt/uncle) h) grandparent's grandchildren, i.e., aunt/uncle's children (first cousins); or 2.4.2 The employee's spouse, those persons in the above categories related to the employee's spouse, or those persons married to a person specified in 2.4.1. 3.0 Policy 3.1 Disclosure by Applicants - An applicant for employment with the City of Southlake is required to disclose any relative who is employed by the City of Southlake, as well as any relative who serves as the mayor or as a city council member. 3.2 Relatives of Current City Council,Mayor, or Council Appointments - No person who is related within the second degree by affinity(marriage) or within third degree by consanguinity (blood) as defined by the Texas Government Code, to the mayor, any member of the city council, council appointed employees, or any other Council appointed positions will be eligible for employment. 3.3 Relatives of Elected City Council, Mayor, or City Manager- An employee or officer who is or becomes related within the second degree by affinity or within the third degree by consanguinity to a person who is elected as mayor, council member, or city manager will not be eligible for continued employment, unless the employee or officer has been continuously employed by the City for not less than two (2) years prior to the election. The Director of Human Resources will evaluate eligibility for continued employment pursuant to the provisions of the Texas Government Code, Section 573.062, and Chapter 2, Section 13 of the City of Southlake Charter. 3.4 Applicants Related to Current Employees— 3.4.1 No applicant who is a relative of a current city employee may be offered or accept employment in the same department or where such employment would constitute a condition of conflict, where the performance, or exercise of official powers or duties may be influenced by the applicant's relative. 3.4.2 No applicant who is a relative of an employee who is appointed by the city council is eligible for employment with the City. No applicant who is a relative of a department head is eligible for employment with the City except for appointment in seasonal or 5E-8 ' - Employment of Relatives Page 3 temporary positions outside of the department head's department. Additionally, no applicant who is a relative of any employee in the City Manager's Office or the Human Resources Department is eligible for employment with the City. 3.5 Placement of Current Employees—An employee who is a relative of another employee may not be placed: 3.5.1 in a position that would place one employee in the position of immediate supervision of the other; or 3.5.2 in a position where a condition of conflict would exist, where the performance or exercise of official powers or duties may be influenced by the employee's relative. 3.6 Exceptions for Current Employees—An employee who is a relative of another employee may be employed in the same department if: a) the employees were related and employed in the same department before the effective date of this policy; b) a reorganization approved by the City Manager results in related employees being placed in the same department; or c) a reorganization approved by the City Manager results in an employee being removed from the department in which that employee has a relative. If the affected employee wishes to return to the original department, he or she must formally apply for an available position in the department within 90 days of the effective date of the reorganization. 3.7 Relatives after Employment-If an employee becomes a relative of another employee after employment, and works in the same department as another employee, the Director of Human Resources, in conjunction with the City Manager, will evaluate and determine whether both employees will be allowed to continue employment in the same positions. Such determination will be made by what is considered to be in the best interest of the City of Southlake, taking into consideration such factors as whether the employees work in the same division, and whether it would place one in the position of immediate supervision of the other. 3.8 Disclosure by Current Employees 3.8.1 An employee who, on the effective date of this policy, is a relative, as described in section 2.4, of another employee who works in the 5E-9 ti - Employment of Relatives Page 4 (W same department shall disclose this relationship to the Director of Human Resources within 30 days of the effective date of this policy. 3.8.2 An employee who becomes a relative of an employee who works in the same department is required to disclose the relationship to the Director of Human Resources within 30 days of the date the employees became relatives. 5E-10 City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Billy Campbell, City Manager FROM: Ron Harper, Director of Public Works (Ext. 779) Garland Wilson, Director of Public Safety (Ext. 730) SUBJECT: Authorize the Mayor to enter into an architectural contract with Phillips Swager Associates (PSA) for the West DPS Facility. Action Requested: Authorize the Mayor to enter into an architectural contract with Phillips Swager Associates (PSA) for the design of the West DPS Facility. Background Information: PSA has been working with the Department of Public Safety to develop a needs assessment and space planning study for the West DPS Facility to be located at the northeast corner of Randol Mill Road and FM 1709. The next step in this process is to develop the detailed designs necessary for City approvals (Crime Control, P&Z and Council) and to construct the facility. Since PSA has been working on the program development portion of this project, they are the logical choice to continue work on the design phase. Their services under this contract will include the development of the design drawings, submittals to Planning and Zoning and City Council, completion of construction documents and assistance during the construction phase in reviewing shop drawings and product submittals. Financial Considerations: The proposed fee for Basic Services for this is project $342,500. In addition to this amount, the City can expect to spend approximately 10% or $34,250 for reimbursable expenses such as plan reproduction, travel, courier service, models, etc. This amount is an amount that can be managed by the City; however, an allowance should be made at this point so that staff does not have to come back to Council each time a reimbursable request is made. This would result in a total cost of$376,750. Citizen Input/ Board Review: The Crime Control and Prevention Board approved funding for this contract in the November Board Meeting. Staff has received input from homeowners affected by the design and construction of this facility. Staff will continue to work with homeowners affected by this project throughout the design and construction phase. 5F Billy Campbell, City Manager December 3, 1999 Page 2 Legal Review: Deborah Drayovitch, City Attorney, reviewed and approved this contract. I%W Alternatives: The alternatives are to seek another architect, modify or accept the contract as presented Supporting Documents: Architectural Contract Staff Recommendation: Staff recommends that the Mayor be authorized to enter into this Architectural Contract for the design and construction of the West Department of Public Safety. Approved for Submittal to City Council: Py anager's Office Fes.. AGREEMENT FOR ARCHITECTURAL SERVICES This Agreement made as of the 30th day of November, 1999 between the City of Southlake, Texas,hereinafter referred to as "Owner", and,Phillips Swager Associates (PSA)hereinafter referred to as "Architect" for the following Project: Design of Southlake Public Safety Facility, located at Randol Mill Road and FM 1709. The Owner and Architect agree as set forth below. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 11. 1.1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause,be exceeded by the Architect or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Paragraph 10.4.1 1.1.4 The Architect (1) shall render services under the Agreement in accordance with the professional standards prevailing in the Dallas-Fort Worth metroplex area; (2) will reimburse the Owner for all damages caused by the defective designs the Architect prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Architect's obligations thereunder. 1.1.5 The Architect shall provide the Owner with 2 sets of reproducible prints showing the final "as-built" condition of the project; said plans shall be in the form of marked-up record construction prints. In addition, the Architect shall provide the original plans in digital format. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6, and any other services identified in Article 11 as part of Basic Services, and include without limitation normal civil, geotechnical, structural, mechanical, and electrical engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Paragraph 2.4. The Architect shall coordinate its services with the services of any other consultants retained by the Owner. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect will develop the Owner's program document. 2.2.2 The Architect shall provide a construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Paragraph 5.2. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements,the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall work with the Owner to develop a preliminary detailed estimate of probable Construction Cost based on current area,volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and shall provide an estimate of the time required for completion of the Project. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare for approval by the. Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Architect warrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of probable Construction Cost in a further Detailed Statement as described in Paragraph 2.2.5 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project,which shall comply with all applicable laws, statutes, ordinances, codes and regulations, consistent with the Architect's professional standards of care. The Owner acknowledges that the applicable requirements of the Americans with Disability Act("ADA") and other federal, state and local laws,rules, codes, ordinances and regulations that may apply to the Project (collectively, "Legal Requirements") are subject to various and possibly contradictory interpretations. If legal requirements should change after design,the costs for the Architect to redesign to comply with the new legal requirements shall be an added service pursuant to Article 3. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms,the Conditions of the contract and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. .. Responsibility for the development of detailed estimate of probable construction cost information shall be the responsibility of the Architect. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project, including any submittals and presentations to the Planning and Zoning Commission and the City Council. 2.5 BIDDING 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of probable Construction Cost, shall assist the Owner in obtaining bids and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 6o days after date of Substantial Completion of the Work. 2.6.2 The Architect shall provide detailed administration of the Contract for Construction as set forth below and in the edition of AIA document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is made; and (2) as an Additional Service at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the construction site no less than twice a month up to thirty- six(36) visits over the duration of the Project during construction,regardless of whether construction is in progress,to become generally familiar with the progress and quality of the Work completed and to determine if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall provide the Owner a written report subsequent to each on-site visit. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall exercise due diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any subcontractors. The Architect shall promptly correct any defective designs or specifications furnished by the Architect at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Architect's services hereunder or of the Project itself shall in no way alter the Architect's obligations or the Owner's rights hereunder. More extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3.2. 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means,methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents except insofar as such failure may result from Architect's negligent acts or omissions. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specifically authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations at the site of the Work and evaluations of the Contractor's Applications for Payment,the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's observations at the site as provided in Sub-Paragraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However,the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means,methods,techniques, sequences or procedures, (3)reviewed copies of the requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or(4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have the responsibility and authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of determining whether or not the Work, when completed, will be in conformance with information given and the design concept expressed in the Contract Documents. The Architect shall act with such reasonable promptness to cause no delay in the Work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives,with supporting documentation and data if deemed necessary by the Architect as provided in Paragraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Architect shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and shall issue Certificates of Substantial and Final Completion. The Architect will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions,the Architect shall endeavor to secure faithful performance by the Contractor and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. It is understood that the Architect will be the Owner's agent and representative in any discussion with the Contractor. 2.6.16 The Owner's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.17 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. 2.6.18 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6.16, may be subject to mediation as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 11, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control,the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required,the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. Owner will be responsible for compensating the Architect for Contingent Additional Services only if they are not required due to the negligence or fault of Architect. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Paragraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in a separate agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the �,.. preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding and contracting for construction, except for services required under SubParagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in coruiection with the Work. 3.3.8 Providing services in connection with a public hearing, mediation proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing services relative to future facilities, systems and equipment. 3.4.3 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.4 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.5 Providing services in connection with the work of separate consultants retained by the Owner. 3.4.6 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.7 Providing analyses of owning and operating costs. 3.4.8 Providing interior design and other similar services required for or in connection with the selection,procurement or installation of furniture, furnishings and related equipment. 3.4.9 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.10 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints drawings and other data furnished by the Contractor to the Architect. (This is for drawings prepared in addition to those specified in SubParagraph 1.1.5). 3.4.11 Providing assistance in the utilization of equipment or systems such as testing, �.- adjusting and balancing,preparation of operation and maintenance manuals,training personnel for operation and maintenance and consultation during operation. 3.4.12 Providing services after issuance to the Owner of the Final Certificate for Payment, or in the absence of a Final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. 3.4.13 Providing services of consultants for other than architectural, structural, civil, geotechnical, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.14 Providing any service or documentation for the Owner, either by the Architect or by any one of the Architect's Consultants, directly or indirectly resulting from a default of the Owner/Contractor Agreement by either party and/or the project being taken over by the General Contractor's Bonding Company. 3.4.15 Providing services, either by the Architect or by any one of the Architect's Consultants, in order to attend more than one (1) initial "Punch List" meeting and two (2) review meetings in which to review the completion of the items listed on the initial Punch List. Any additional meetings caused by, but not limited to, the General Contractor not having the building/project ready to be reviewed for the initial Punch List Meeting, General Contractor's failure to have a prepared list of items yet to be completed (the Punch List) prior to the start of the initial Punch List Meeting, and/or additional review meetings needed to complete all of the listed items on the Punch List, will be considered above and beyond the scope of Basic Services. Any additional construction meetings/site visits or time for additional review meetings during the Punch List segment of this phase will be considered as an Additional Service. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Architect regarding requirements for the Project, including(1)the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more specifically described in Paragraph 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost,the Owner's other costs and reasonable contingencies related to all of these costs. �- 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to all matters to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal infonmation shall include, as applicable, grades and lines of streets, alleys,pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments,zoning, deed restrictions,boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.6 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the project and are requested by the Architect. 4.7 The Owner shall furnish structural,mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5, 4.6, 4.7 and 4.8 shall be furnished at the Owner's expense and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 The Owner shall give prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Owner shall propose language for certificates or certifications to be requested of the Architect or Architect's consultants and shall submit such to the Architect for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of this Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, construction management fees,the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget,preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgement as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly,the Architect cannot and does not warrant or represent that bids will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnislung,proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established,the Architect shall be permitted to include contingencies for design,bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit or Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost(adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 7.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Contract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others except by agreement in writing. 6.2 In the event that the Owner consents to, allows, authorizes or approves of changes to any plans, specifications or other Construction Documents prepared by the Architect, and these changes are not approved in writing by the Architect, the Owner recognizes that such changes and results thereof are not the responsibility of the Architect. Therefore, the Owner agrees to release the Architect from any liability arising out of the construction, use or result of such changes. 6.3 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 Architect may temninate this Agreement upon not less than 30 days written notice should the Owner fail substantially to perform in accordance with the terms of this Agreement through no fault of the Architect. Owner may terminate this Agreement or any phase thereof upon 30 days prior written notice to the Architect with the understanding that immediately upon receipt of such notice, all work being performed under the Agreement shall cease immediately. Before the end of the 30 day period, Architect shall invoice the Owner for all work it performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall be delivered to the Owner in a reasonably organized form, upon termination of the Agreement. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 7.3 This Agreement may be terminated by the Owner upon not less than seven days written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect or the Owner may terminate this Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial non-performance and cause for termination. 7.5 If the Owner fails to make payment to Architect within 30 days of receipt of a statement for services properly performed, the Architect may, upon seven days written notice to the Owner, suspend performance of services under this Agreement. Unless Architect receives payment in full within seven days of the date of the notice,the suspension shall take effect without further notice. In the event of a suspension of services under this section, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 7.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services properly perfonned prior to termination, together with Reimbursable Expenses. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 This Agreement shall be governed by the laws of the State of Texas. Venue and any proceedings relative to this agreement shall be in Tarrant County, Texas. 8.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 8.3 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 8.4 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other parry to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 8.5 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 8.6 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in a favor of a third party against either the Owner or Architect. 8.7 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery,presence,handling,removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 8.8 The Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Proj ect. 8.9 NOTICES 8.9.1 Notices required to be delivered pursuant to this Agreement shall be sufficient if personally delivered or sent by certified mail in the United States Mail, postage pre-paid to the appropriate party at the following address: .1 If to City: City of Southlake 1725 E. 1709 Southlake, Texas 76092 Attention: City Manager .2 If to Architect: Phillips Swager Associates 7557 Rambler Road, Suite 670 Dallas, Texas 75231-2302 Attn: Mr. Greg G. Schon, AIA Vice President ARTICLE 9 PAYMENTS TO THE ARCHITECT 9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than �.,, those for which the Architect has been adjudged to be liable. a 9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 other similar direct Project-related expenditures. 9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expenses shall be available to the Owner or the Owner's authorized representative at mutually convenient times. 9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 9.5 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.5.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in SubParagraph 10.1.2. 9.5.2 If and to the extent that the time initially established in SubParagraph 10.4.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in SubParagraph 10.2.2. 9.5.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in SubParagraph 10.1.2 based on(1)the lowest bona fide bid or(2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. i 9.6 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.6.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 9.7 PAYMENTS WITHHELD 9.7.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is responsible. 9.8 ARCHITECT'S ACCOUNTING RECORDS 9.8.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times for three years after the date of the Final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. a ARTICLE 10 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 10.1 BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, and any other services included in Article 11 as part of Basic Services, Basic Compensation shall be computed as follows: Lump Sum of$ 342,500.00 for Schematic Design,Design Development, Construction Documents and Bidding Phases plus Administration of the Construction Contract Services. 10.1.2 Progress payments for Basic Services in each phase shall total the following percentages and amounts of the total Basic Compensation payable: O Schematic Design Phase 20% $68,500.00 O Design and Development Phase 20% $68,500.00 O Construction Documents Phase 30% $102,750.00 O Bidding Phase 5% $17,125.00 O Construction Phase 25% $85,625.00 O Total Basic Compensation 100% $342,500.00 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compensation shall be computed based upon the billing rates shown in Exhibit"A". Such additional expense shall only be agreed to with the prior written authorization of the Owner. 10.2.2 For Additional Services of the Architect, as described in Articles 3 and 11, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 11 as part of Basic Services, but excluding services of consultants, compensation shall be computed based upon the billing rates as shown in Exhibit "A": 10.2.3 For Additional Services of Consultants including additional structural, mechanical and electrical engineering services and those provided under Paragraph 3.4.13 or identified in Article 11 as part of Additional Services, a multiple of 1.15 times the amounts billed to the Architect for such services. 10.3 REIMBURSABLE EXPENSES 10.3.1 For Reimbursable Expenses, as described in Paragraph 9.2, and any other items included in Article 11 as Reimbursable Expenses, a multiple of 1.15 times the expenses incurred by the Architect,the Architect's employees and consultants in the interest of the Project. Reimbursable expenses shall be limited to 10% of the Basic Compensation Fee unless written prior approval is obtained from the Owner. 10.4 ADDITIONAL PROVISIONS 10.4.1 If the basic services covered by this Agreement have not been completed within eighteen (18) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 9.2.2 and 10.2.2. 10.4.2 Payments are due and payable 30 days from the date of the Architect's invoice. Amounts for services properly performed which remain unpaid 60 days after the invoice date shall bear interest at the rate of 1 percent per month. ARTICLE 11 OTHER CONDITIONS OR SERVICES 11.1 Architect shall maintain, at no expense to Owner, a professional liability (errors and omissions)insurance policy placed with a company rated at least B+/X by Best's Key Rating Guide, authorized to do business in Texas, and such other insurance coverages as Architect maintains at the date of execution of this agreement, as set forth in Exhibit`B". Such policies shall name the Owner as additional insured and shall require the giving of written notice to Owner at least 30 days prior to cancellation, non-renewal or material modification of any policies, evidenced by return receipt of United States Certified Mail. Architect shall furnish Owner with copies of said policies or certificates evidencing such coverage. 11.2 MEDIATION 11.2.1 If a dispute arises between the parties relating to this Agreement, the parties may agree, but are not required to use,the procedures set forth in Paragraph 11.2.2 through 11.2.5 prior to either party pursuing other available remedies. 11.2.2 A meeting shall be held promptly between the parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. 11.2.3 If, within thirty (30) days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute,they agree to submit the dispute to mediation in accordance with mutually agreeable procedures and to bear equally the costs of the mediation. The parties will �., jointly appoint a mutually acceptable mediator. 11.2.4 The expenses of witnesses, document or exhibit preparation and the like, for either side shall be paid by the party producing such witnesses or incurring such expenses. All other expenses of the mediation, including the required traveling and other expenses of the mediator, or the cost of any proofs or expert advice produced at the direct request of the mediator, shall be bome equally by the parties unless they agree otherwise. For the purpose of this Subparagraph, legal fees and the costs of the parties shall not be considered a mediation expense. 11.2.5 The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) days. 11.3 .Effective October 1, 1995, the Texas Department of Licensing and Regulation is requiring review of all buildings defined as "public accommodation" by Section 301 (7) of the Americans with Disabilities Act (ADA). Review of the construction documents are subject to the following fees: Project Cost $1,000,000 to $5,000,000: Plan Reviews $370 Inspections $290 Variance Request $100 each Charges for the Texas Department of Licensing and Regulation review will be compensated per Paragraph 10.3. 11.4 Deleted 11.5 The Architect agrees, to the fullest extent permitted by law, to indemnify and hold the Owner harmless from any damage, liability or cost (including reasonable attorneys' fees and cost of defense) to the extent caused by the Architect's negligent acts, errors or omissions in the performance of professional services under this Agreement and those of his or her subconsultants or anyone for whom the Architect is legally liable. The Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any damage,liability or cost(including reasonable attorneys and defense costs)to the extent caused by the Owner's negligent acts, errors or omissions in connection with its performance of this Agreement. The Architect is not obligated to indemnify the Owner in any matter whatsoever for the Owner's own negligence. 11.6 The Texas Board of Architectural Examiners,P.O. Box 12337,Austin, Texas 78711- 2337 or 333 Guadalupe, Suite 2-350, Austin, Texas 78701-3942, (512) 305-9000 has jurisdiction over individuals licensed under the Architect's Registration Law, Texas Civil Statutes, Article 249a. This Agreement entered into as of the day and year first written above. CITY OF SOUTHLAKE, TEXAS PHILLIPS SWAGER ASSOCIATES OWNER ARCHITECT Gregory G. Schon,AIA BY: BY: �---- MAYOR VICE PRESIDENT r Exhibit "A" PSA Hourly Rate Schedule Standard Hourly Rate Schedule: Principal: $150.00 Senior Project Manager: $130.00 Project Manager: $100.00 Senior Architectural Designer: $110.00 Architectural Designer: $ 85.00 Senior Project Architect: $110.00 Project Architect: $ 90.00 Senior Architectural Tech: $ 75.00 Architectural Tech: $ 55.00 Specification Writer: $ 95.00 Clerk/Typist: $ 45.00 Exhibit "B" CERTFICATES OF INSURANCE COVERAGES 1?/03/99 14:39 C^688 6490 PSA DALLAS 19002/003 ACQRLD CERTIFICATE OF LIABILITY INSURANCI sR MC DATE(MM/DDIYY) PRODUCER ILL_1 THIS CERTIFICATE IS ISSUED AS A MATTER FIN AVA Insurance Agency, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Qr TwPr Lanai, Suito 1440 ALTLK THE COVEt%AutAii-t-UKUEDBY THE POLICIES BELOW. Oa. jok Terrace IL 60181-4628 Phone: 630-571-4500 Fax:630-571-4518 INSURERS AFFORDING COVERAGE nuuna I �� n n INSURER A: Nii p��fi'�'If II ITI IN■T S T11TP f'(1 _.._....�� Ynfil&A (91Qa71A,I . IN[' 1111111 uinn�n� INSIIRFR I'l• I gSURGR C; COVERAGES THE POI- IIr$OF INSURANCE LIBTFn Fin nW Ha VG occu 1CCUCD TO"Its+Ileunee IIA6,L,how rVK IHL POLJCY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N LTR TYPE OF INSURANCE POLICY NUMBER GATE MMlDDl1'Y DATE MM/DDn'Y LIMITS rNERAL LIABILITY EACH OCCURRENCE j COMMERCIAL GENERAL LIABIU7Y FIRE DAMAGE(Any one fire) j CLAIMS MADE El OCCUR MED EXP{Any one person) j PERSONAL i ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO• PRODUCTS-COMP/OP AGG j JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT j (Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY j (Par person) HIRED AUTOS NnN-nWNFn AIITnS I I �9Ds«Ja��RY PROPERTY DAMAGE (Per accident) j GARAGE LIABILITY AUTO ONLY•EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY; AGG j EXCESS LIABILITY EACH OCCURRENCE j OCCUR ❑ CLAIMS MADE AGGREGATE S DEDUCTIBLE. i RETENTION j S WORKERS COMPENSATION AND - I _ S EMPLOYERS'LIABILITY TORY LIMITS ER E.L.EACH ACCIDENT j E.L.DISEASE-EA EMPLOYE $ OTHER E.L.DISEASE-POLICY LIMIT S k PROFESSIONAL PL700721 To 4/07/99 04/07/00 PER CLAIM LIABILITY $ 2,000,000 ESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESlEXCLUSIONSADDED BY ENDORSEMENT/SPECIAL PROVISIONS AGGREGATE $ 2,000,000 ERTIFICATE HOLDER I r7 ADDITIONAL INSURED:INSURER LETTER: CANCELLATION --_—_-- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTFN NnTirrr TO TNG CCflTIrioAT£I ICLISLR.Jhmcu i V I HE LEFT,BVT FAILURE.Tn nn so SHALL IUPQE[NQ QDLInBTinN nH 0111LI,Y or ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. CORD 25-S (7197) ACORD CORPORATION 198E 11.'03/99 14:40 ' 688 6490 PSA 44-� DALLAS Z 003/003 ' ''CORD CERTIFICATE OF LIABILITY INSURANCE DATE(MWODNY) F -ER 914/1 9 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION Hawk Agency Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7131 N. Knoxville Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Peoria, IL 61614-2908 INSURERS AFFORDING COVERAGE INSURED INSURER A' Travelers Property Casualty.- Phillips Swager & Assoc, INSURERS: Frontier Insurance Co. INSURER C: INSURER D: COVERAGES INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND COND�f10NS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR TYPE Of INSURANCE POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1 000,000 A COMMERCIAL GENERAL LIABILITY 660425X8419 5/1/1999 5/1/2000 FIRE DAMAGE(Any one 2e) -11bbobo CLAIMS MADE �OCCUR I MED EXP(Any oneperson) S5.000 PERSONAL 6 ADV INJURY S 0 00 GENERAL AGGREGATE S 2 00O 00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S2,000,000 POLICY PRO•rT LOC AUTOMOBILELIABILTTY It ANY AurD 810822YO789 5/1/1999 5/1/200p (Ea accidentl COMBINED SINGLE LIMIT ,$1 0 0 000 ALL OWNED AUTOS BODILY INJURY S • v SCHEDULED AUTOS (Per person) P \ 1 HIRED AUTOS BODILY INJURY l NON•OWNEO AUTOS I (Per accident) S J I PROPERTY DAMAGE S Y (Per accident) �GAGE LIABILITY AUTO ONLY.EA ACCIDENT S ANY AUTO If-- OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS LIABILITY AUTO OCCURRENCE s4.000,000 A X I OCCUR ❑CLAIMS MADE CUP823YO015 5/1/1999 5/1/2000 AGGREGATE s4,000,000 s DEDUCTIBLE S RETENTION s5000 5 WORKERS COMPENSATION AND 99R P001036 5/1/1999 5/1/2000 E.L.EACH ACCIDENT OTH• S 1 0 0 0 B EMPLOYERS'LIABILITYBy LM�T 00 El DISEASE•EA EMOLOYE S 1DISEASE EA 000�f1 E.L.DISEASE•POLICY LIMIT S 1 0 OTHER OESCgIPT10N OF OPERATIONS&OCATIONSNEHICLE$/EKCLUSIONS ADDED BY ENDORSEMENTlSPECIAL PROVISIONS CERTIFICATE HOLDER ADDITIONAL INSURED:INSURER LETTER_ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION A ITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRES NTATIVE ACORD 25-S(7/97) dACORD CORPORATION 1988 City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Award of bid to Tri-Dal, Ltd. for construction of channel improvements to the West Jones Branch from SH 114 to Shady Lane Action Requested: Staff seeks Council to award the bid for channel improvements along the West Jones Branch from SH 114 to Shady Lane. Background Information: On August 18, 1998, Council approved a professional services agreement with Freese and Nichols for the design of channel improvements for W. Jones Branch creek. The drainage study of this tributary is part of Phase II of the Drainage Master Plan. These improvements are also necessary to help facilitate TxDOT's expansion of S.H. 114, particularly for the Kimball Interchange. The improvements are needed to abate stream bank erosion and to improve the 100-year flood flow conveyance. Some of the improvements for this project are highlighted below: • Widening a section of earthen trapezoidal channel between SH 114 and Kimball Avenue • Installation of new culverts beneath Kimball Avenue and also beneath Shady Lane • Installation of approximately 700 feet of gabion walls. Gabion walls are fabricated using large rocks that are held together by a galvanized wire mesh. The gabions provide erosion protection, yet are permeable that allows water to penetrate in between the rocks to the subsurface below the gabions. • Installation of a bioengineering structure at a severe bend in the stream. The bioengineering structure is an erosion control device that is sensitive to the environment. The bioengineering structure proposed will consist of live native vegetation such as tree branches and bushes that are installed in such a manner that will withstand high water velocities that cause erosion. • Installation of overtopping protection on an existing earthen dam for a pond near Shady Lane. Tree mitigation measures are also included in the scope of this project. To insure that the environmental impacts of the project are minimized, 5G-1 City of Southlake, Texas approval from several regulatory agencies has been obtained. These regulatory agencies include the U.S. Army Corps of Engineers (USACE), the Texas Natural Resource Conservation Commission (TNRCC), and the Environmental Protection Agency (EPA). Financial Considerations: There were six bidders for this project (see attached bid tabulation). The bids ranged from the low bid of $705,238.75 from Tri-Dal, Ltd. of Southlake to the high bid of $894,122.50. This project will be funded from the CIP budget. The CIP budget has $1,000,000 allocated for this project. The costs associated with this project are tabulated below: • The construction cost is $705,238.75 • The engineering and surveying cost is $111,800 • The cost to purchase the required drainage easements is estimated to cost $113,483 (negotiation with 2 property owners is ongoing). Therefore, the cost for the project totals $930,521.75, which is $69,478.25 below the budgeted amount. This project has been added to the CIP Project Costs ledger, which is attached. Citizen Input/ Board Review: The proposed improvements to the West Jones Branch were discussed with residents of SPIN area #6 at a SPIN Meeting held on June 15, 1998. Prior to construction, the City will hold a neighborhood meeting with the residents affected by the construction. Legal Review: Not applicable Alternatives: This project must be substantially complete prior to SH 114 being reconstructed. Therefore, this project must be completed. Supporting Documents: Bid tabulation CIP Project Costs ledger Project map Staff Recommendation: Staff recommends Council award the bid to Tri-Dal, Ltd. to construct the channel improvements along the West Jones Branch in the amount of $705,238.75. Please place this item on the December 7, 1999 City Council Agenda for approval. 5G-2 City of Southlake, Texas SP/sep Approved for Submittal to City Council: City Manager's Office 5 G-3 Freese&Nichols,Inc. Consulting Engineers 4055 International Pkwy.#200 Fort Worth,Tx.76109 City of Southlake lers,Inc. Tributary WJ-1'Drainage Improvements : 4 Bid Date:Novemberl k.1999 Ixas 76234 # I Description Quantity Unit Total Cost Phase 1-Draina a Improvements 1 SawcuURemove existing HMAC pavement 1600 SY 0 $6 400.00 21 Remove/Dispose of headwalls 1 LS �0 $18 000.00 3 Remove/Dispose headwalls at Kimball Ave 1 LS_0 $12,000.00 4 SawcuURemove existing HMAC driveways 60 SY O $240.00 5 Unclassified roadway excavation 1 LS 0 $45,000.00 6 Placement of compacted roadway fill 1450 CY 0 $17 400.00 7 Parkway fill placement 1 LS 0 $14 000.00 8 4"HMAC pavement 1600 SY i0 $24 000.00 9 TxDOT Item 356 Fabric Underseal 1600 SY '0 $4 800.00 10 6"Lime Sub grade Stabilization 1550 SY 10 $18,600.00 11 4"Lime Roadway Shoulder Stab. 320 SY 0 $3,840.00 121 Hydrated Lime for Sub grade Stab. 24 TON 0 $3 000.00 13 Placement of TxDOT Item 247 45 CY '0 $3 375.00 14 4"HMAC Drives 120 SY $3,600.00 15 Temporary HMAC pavement 200 SY $5 600.00 16 48"Dia.Sanitary Sewer Manhole 6 VF 0 $720.00 17 Adjust Sanitary Sewer Manholes 21 EA 0 $2,400.00 18 Adjust 12"Water Line 90 IF $6 750.00 19 F/I Sanitary Sewer Concrete Encasement 45 IF_0 $2 025.00 20 F/I Water Line Concrete Encasement 120 IF 0 $5 400.00 21 F/I 18"Class IV RCP 70 IF 0 $5 950.00 22 F/I 24"Class III RCP 20 IF 0 $2,200.00 23 F/I TxDOT Type S Sloping End Treatments 6 EA 0 $12 000.00 24 F/I 4"Wide White Reflective Striping 920 IF 0 $1 840.00 25 F/I 4"Yellow Centerline Reflective Striping 460 IF 0 $1 840.00 26 Relocate Bridge signs 4 EA 0 $600.00 27 Crushed Rock Bad Weather Protection 20 CY 0 $600.00 28 Storm Water Pollution Prevention Plan 1 LS 0 $2,500.00 29 Traffic Control Plan 1 LS 0 $25 000.00 30 Remove existing Barbed Wire Fence 70 IF 0 $140.00 31 R/R Wooden Split Rail Fence 280 IF 0 $7 000.00 32 F/I Temporary 3-Strand Wire Fence 350 IF 0 $1 400.00 33 F/I Perm.3-Strand Barbed Wire Fence 70 IF D $280.00 34 F/I St.Augustine Sodding 100 SY 0 $600.00 35 F/I Bermuda Grass Sodding 100 SY 0 $600.00 36 F/I H dromulch Seeding � 5700 SY 5 $4 275.00 37 F/I 10'x 7'TxDOT Single Box 70 IF 0 $42 000.00 38 F/I 12'x 7'TxDOT Precast Direct Drive Bo 100 IF 0 $65 000.00 39 F/I TxDOT MCW-P-30/MCW-P-30 mod. 1 LS 0 $27 000.00 40 F/I TxDOT C201 Combination Rail 240 IF D $15,600.00 41 F/I 4-10'x 10'TxDOT MC10-1 Mult.Box 32 LF 0 $57 600.00 42 F/I TxDOT MCW-P Parallel Win walls 1 LS ) $27 000.00 43 F/I TxDOT MBGF-94 Metal Beam Fence 200 LF D $4 200.00 441Cleadnq and Grubbing 1 LS D $60 000.00 45 Tree Removal 0"-6" 13 EA D $3.250.00 46 Tree Removal 6"-12" 37 EA D $12 950.00 47 Tree Removal >12" 17 EA D $11 900.00 48 Remove and Salvage existing Ped. Bride 1 LS D $1,200.00 49 Remove and Dispose of existing 48"CMP 1 LS D $700.00 50 Unclassified Channel Excavation 1 LS D $30,000.00 51 Placement of Granular Backfill 1 LS D $8 500.00 52 Placement of Select Fill Material 1 LS ) $7 500.00 53 Placement of 6"of Topsoil 1 LS $5 500.00 54 F/I Tx 3'Box Gabions w/PVC coating 550 CY ID $74 250.00 55 F/I Tx 3'Box Gabions 460 CY ) $60,720.00 56 F/I 12"thick Blanket Gabions w/PVC 60 SY ) $3,900.00 57 F/I 12"thick Blanket Gabions 30 SY_.) $1 950.00 58 F/I Geotextile Fabric for Gabions 1200 SY ) $2 400.00 59 F/I Loose Rock Riprap Weir 4 EA ) $2 400.00 60 F/I Livestock Guard 1 EA ) $2 500.00 61 F/I Articulated Concrete Block 270 SY ) $18,900.00 62 Exc.Lift Station Flood Storage Mitigation 1000 CY ) $14.000.00 63 Exc.Shady Lane Flood Storage Mitigation 1330 CY ) $18 620.00 SUBTOTAL PHASE 1 $843 515.00 Phase 2-Bioengineering Improvements 64 F/I Erosion Control Fabric 545 SY ) $1,907.50 65 F/I Rock Rip-Rap Toe Protection 46 CY ) $3,910.00 66 F/I Live Fascines 600 LF $15 000.00 67 F/I Branch Parking 95 SY ) $5 890.00 68 Furnish and Plant 1"Caliper Trees 105 EA ) $18 900.00 69 Fine Grading for Bioengineering Bioengineenng Im r. 1 LS ) $5,000.00 SUBTOTAL PHASE 2 $50 607.50 TOTAL BID $894,122.50 5G-4 CIP PROJECT COSTS A B C D 1 PROJECT DESCRIPTION BUDGETED AMOUNT BID/FINAL COST DIFFERENCE 2 1.5 MGD MIRON ELEVATED TOWER* $1,860,000 $1,832,000 $28,000 3 20"WATERLINE ALONG FM 1709 $641,000 $638,408 $2,592 4 24"WATER LINE ALONG N.WHITE CHAPEL $850,000 $826,455 $23,545 5 BRUMLOW $112,700 $111,000 $1,700 6 BURNEY LN.-REHAB CUL-DE-SAC $57,000 $64,523 ($7,523) 7 BYRON NELSON STOP LIGHT $40,000 $65,000 ($25,000) 8 BYRON NELSON STRIPING $65,000 $74,163 ($9,163) 9 COMMERCE TRAFFIC LIGHT* $100,000 $48,405 $51,595 10 DIAMOND CIRCLE STREETS&SEWER $1,286,000 $990,161 $295,839 11 DOVE ACRES SEWER* $405,000 $205,474 $199,526 12 DOVE FORCE MAIN* $1,747,500 $2,113,218 ($365,718) 13 DOVE/HIGHLAND PAVING* $611,480 $778,533 ($167,053) 14 DOVE/SH 114 WATER LINE RELOCATION $339,200 $280,424 $58,776 15 FLORENCE TOWER TANK PAINTING $105,000 $152,200 ($47,200) 16 FM 1709 TRAFFIC SEQUENCING* $120,000 $42,000 $78,000 17 FM 1709 TRAFFIC SIGNAL CONVERSIONS* $200,000 $123,399 $76,601 18 HILLWOOD SEWER* $95,000 $82,415 $12,586 19 HUNTWICK ESTATES SEWER $200,000 $276,123 ($76,123) 20 JELLICO SEWER* $500,000 $419,723 $80,277 21 KIRKWOOD WATER LINE $326,000 $266,159 $59,841 22 LAKE DRIVE WATER,SEWER,PAVING* $364,500 $376,991 ($12,491) 23 LILAC LN.WATER,SEWER,STREET* $234,600 $286,782 ($52,182) 24 MISSION HILL SEWER $430,000 $489,099 ($59,099) 25 N.WHITE CHAPEL-COUNTY LINE TO LAKE* $340,000 $470,970 ($130,970) 26 N.WHITE CHAPEL-DOVE TO COUNTY LINE* $181,850 $177,010 $4,840 27 N-3&N-4 LIFT STATIONS* $1,000,000 $1,009,500 ($9,500) 28 N-5 SEWER&KIMBALL/SH 114 WATER/SEWER RELOCATIONS 4 $762,500 $743,255 $19,245 29 PEARSON GROUND STORAGE TANK NO.2* $1,687,400 $1,545,247 $142,153 30 PINE SEWER* $200,000 $183,368 $16,632 31 PLANTATION SEWER $110,400 $84,676 $25,724 32 PUBLIC WORKS CENTER IMPROVEMENTS* $405,600 $472,580 ($66,980) 33 PUMP STATION NO.2* $3,110,000 $3,146,800 ($36,800) 34 RAINTREE/SHADY LN WATER,SEWER,PAVING $1,925,995 $1,615,029 $310,966 35 RIDGECREST* $355,576 $400,504 ($44,928) 36 SABRE SEWER CONNECTION-SOLANA $25,000 $21,700 $3,300 37 SHADY OAKS TRAFFIC LIGHT* $100,000 $91,000 $9,000 38 SOUTHLAKE/KELLER PUMP STATION MOD. $300,000 $116,281 $183,720 39 SUTTON PLACE DRAINGE&PAVING IMPROVEMENTS* $270,000 $274,145 ($4,145) 40 TIMARRON-BENT CREEK REPAIR* $726,986 $699,315 $27,671 41 TROPHY CLUB 24"WATER LINE* $1,511,000 $1,440,693 $70,307 42 W.CONTINENTAL RECON.-PHASE 1* $640,424 $731,161 ($90,737) 43 W.DOVE RECON.-PEYTONVILLE TO SHADY OAKS $259,680 $298,397 ($38,717) 44 W.JONES BRANCH CHANNEL IMPROVEMENTS* $1,000,000 $930,522 $69,478 45 WATER&SEWER TO MIRON ADDITION $196,781 $262,535 ($65,754) 46 TOTAL $25,799,1721 $25,257,341 47 TOTAL(OVER)lUNDER BUDGET $541,831 48 49 *Project not yet complete. Cost shown reflects contract bid price&engineering,surveying costs 50 51 52 5G-5 12/1/99 W. ]ones Branch Channel Improvements r N r / No Scale _4I-T / r � S r / / / W. Jones Branch O? J UN ' S State Highway 114 .�A 5G-6 ' City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Award of bid to Integrated Roadway Services for F. M. 1709 traffic signal modifications and installation of a dynamic lane assignment sign at the intersection of N. Kimball and S. H. 114 Action Requested: Staff seeks Council to award the bid for traffic signal modifications along F.M. 1709 and installation of a dynamic lane assignment sign at the intersection of N. Kimball and S.H. 114 to Integrated Roadway Services. Background Information: Currently, the traffic signals along F.M. 1709 only allow protected left turns from F.M. 1709 onto side streets at the signalized intersections. The Texas Department of Transportation (TxDOT) recently approved authorization for the City to convert the existing protected left-turns along F.M. 1709 to permissive/protected left-turns. In other words, a vehicle turning left onto a side street from F.M. 1709 at a signalized intersection will be able to turn left when the signal displays a green arrow (protected). Following expiration of the left arrow time will be a green light that will appear, which will allow the vehicle to turn left upon yielding to oncoming traffic (permissive). The City believes that the addition of the permissive left turn movement at the signalized intersections will allow the intersections to operate more efficiently, thus permitting more vehicles to travel through the intersection during each cycle. As part of the agreement with TxDOT to allow the permissive left turning movements, the City will monitor the accidents at each intersection following the conversion. The results will be sent to TxDOT quarterly for their use. TxDOT reserves the right to force the City to change the signals back to exclusive protected left turns if it is determined that accidents have increased substantially due to the signal conversions. The project scope also includes rotating each signal head at the signalized intersections from the current vertical orientation (red on top of signal) to a horizontal position (red on left of signal). This procedure was recommended in the Corridor Overlay Study. The horizontal orientation of the signal heads improves aesthetics as well as the vertical clearance between the roadway and signal heads. 5H-1 City of Southlake, Texas Finally as an alternate bid item, the project scope includes installation of a dynamic lane assignment sign for the northbound traffic on N. Kimball at the S.H. 114 intersection. This sign will be activated during the morning peak time only, which will allow dual right turns onto eastbound S.H. 114 from northbound Kimball. This will allow more vehicles to turn onto eastbound S.H. 114 during each signal cycle during I the morning peak time. The portion of S.H. 114 reconstruction that includes the Kimball intersection is scheduled to begin March 2000. Obviously, the traffic will be impacted with the scheduled reconstruction. TxDOT plans on reducing the traffic on Kimball to one lane in each direction during certain phases of construction. Therefore, the dynamic lane assignment sign will only be of use temporarily until the construction is complete. i Financial Considerations: There were two bidders for this project (see attached bid tabulation). The low bid, which included the alternate bid for the dynamic lane assignment sign installation, was $108,949.00 from Integrated Roadway Services of Dallas. This project will be funded from the FY 99-00 CIP budget. The CIP budget has $200,000 allocated for this project. The costs associated with this project are tabulated below: • The construction cost is $108,949.00 • The engineering and surveying cost is $14,450 Therefore, the cost for the project totals $123,399.00, which is $76,601.00 below the budgeted amount. This project has been added to the CIP Project Costs ledger, which is attached. Citizen Input/ Board Review: The City has received several telephone calls from residents who have expressed their displeasure because they are not allowed to turn left on green when there is not any oncoming traffic. Legal Review: Not applicable Alternatives: Council may choose to award or reject the bid to install the dynamic lane assignment sign at the intersection of S.H. 114 and Kimball. The cost to install the sign is $7,500 (see attached bid tabulation). As stated previously, the sign will be only allowed temporarily during the S.H. 114 reconstruction. Once this portion of S.H. 114 is reconstructed, the dynamic lane assignment sign will operate during the morning peak time as designed if Council awards the alternate bid item. The installation of the dynamic lane assignment sign can be re-bid following the reconstruction of S.H. 114 if Council rejects the alternate bid. 5H-2 City of Southlake, Texas Supporting Documents: Bid tabulation CIP Project Costs ledger Staff Recommendation: Staff recommends Council award the base bid and alternate bid item to Integrated Roadway Services to modify the F. M. 1709 traffic signals and install a dynamic lane assignment sign at the intersection of N. Kimball and S. H. 114 for the amount of$108,949.00. Please place this item on the December 7, 1999 City Council Agenda for approval. `1 SP/sep Approved for Submittal to City Council: City Manager's Office 5H-3 TRAFFIC SIGNAL LEFT TURN MODIFICATIONS - BID TABULATION FM 1709 Item Spec Description Unit Quantity Inte rated Roadway Services Sharrock Electric No. No. I Unit Total Unit Total 1 500 Mobilization Ls. 1 3,000.00 3,000.00 2,500.00 2,500.00 2 502 Barricades,Signs,and Traffic Handling MO. 1 3 1,500.00 4,500.00 1,000.00 3,000.00 3 682 Vehicle Signal Section each 46 160.00 7,360.00 200.00 9,200.00 4 6092 LED Vehicle Signal Section each 69 380.00 26,220.00 700.00 48,300.00 5 682 Louvered Vehicle Signal Section each 23 150.00 3,450.00 500.00 11,500.00 6 6010 Salvage Traffic Signals loc 11 1,200.00 13,200.00 700.00 7,700.00 7 682 Back Plates 3 sec 12 in each 53 235.00 12,455.00 75.00 3,975.00 8 682 Back Plates 4 sec 12 in each 8 245.00 1,960.00 95.00 760.00 9 682 Back Plates(5 sec) 12 in each 17 250.00 4,250.00 100.00 1 1,700.00 10 644 Sign R10-12 each 21 200.00 4,200.00 450.00 9,450.00 11 682 Rotate 3 section head each 75 150.00 11,250.00 250.00 18,750.00 12 682 Rotate 4 section head each 8 150.00 1,200.00 300.00 2,400.00 13 678 Surface Preparation for Pavement Markings-8" I.f. 220 1.00 220.00 1.50 330.00 14 678 Surface Preparation for Pavement Markings-24" I.f. 79 2.00 158.00 3.00 237.00 15 678 Surface Prep for Prefab Pavement Mark-WORD each 2 150.00 300.00 125.00 250.00 16 678 Surface Prep for Prefab Pavement Mark-ARROW each 2 150.00 300.00 125.00 250.00 17 666 Type I Pavement Markings 24"White I.f. 79 9.00 711.00 18.00 1,422.00 18 666 Type I Pavement Markings 8"White I.f. 220 4.00 880.00 3.00 660.00 19 666 Type II Pavement Markings 24"White I.f. 79 5.00 395.00 8.00 632.00 20 666 Type II Pavement Markings 8"White I.f. 220 3.00 660.00 2.00 440.00 21 668 Prefabricated Pavement Markings-WORD each 1 2 300.00 600.00 375.00 750.00 22 668 Prefabricated Pavement Markings-ARROW each 2 300.00 600.00 325.00 650.00 23 677 Pavement Marking Removal-4" 11. 690 2.00 1.380.00 3.00 2,070.00 24 677 1 Pavement Ma king Removal-24" I.f. 140 10.00 1,400.00 5.00 700.00 25 677 Prefabricated Pavement Marking Removal-WORD each 2 200.00 400.00 125.00 250.00 26 677 Prefab Pavement Marking Removal-ARROW each 2 200.00 400.00 125.00 250.00 $101,449.00 $128,126.00 ALTERNATE BID ITEM Item Spec Description Unit Qty.Megrale,101"Zoawa Services Sharrock Electric No. No. Total Unit Total 1 500 Mobilization I.s. 12,000.00 100.00 100.00 2 502 Barricades.Si ns,and Traffic Handlin mo. 11.000.00 500.00 500.00 3 6430 D namic Lane Assi nment Si n each 14.500.00 7 000.00 7 000.00 j $7,500.00 -j $7,600.00 TOTAL BASE BID&ALTERNATE $108.949.00 $135.726.00 5H-4 i CIP PROJECT COSTS A B C D 1 PROJECT DESCRIPTION BUDGETED AMOUNT BID/FINAL COST DIFFERENCE 2 1.5 MGD MIRON ELEVATED TOWER* $1,860,000 $1,832,000 S28,000 3 20"WATERLINE ALONG FM 1709 $641,000 S638,408 S2,592 4 24"WATER LINE ALONG N.WHITE CHAPEL S850,000 S826,455 $23,545 5 BRUNILOW SlIZ700 $111,000 S1,700 6 BURNEY LN.-REHAB CUL-DE-SAC $57,000 $64,523 (S7,523) 7 BYRON NELSON STOP LIGHT $40,000 $65,000 ($25,000) 8 BYRON NELSON STRIPING $65,000 S74,163 (S9,163) 9 COMMERCE TRAFFIC LIGHT* S100,000 $49,405 S51,595 10 DIAMOND CIRCLE STREETS&SEWER $1,286,000 $990,161 $295,839 11 DOVE ACRES SEWER* $405,000 $205,474 S199,526 12 DOVE FORCE MAIN* $1,747,500 $2,113,218 (S365,718) 13 DOVE UGHLAND PAVING* S611,480 $778,533 (S167,053) 14 DOVE/SH 114 WATERLINE RELOCATION $339,200 $280,424 S58,776 15 FLORENCE TOWER TANK PAINTING $105,000 $152,200 ($47,200) 16 FM 1709 TRAFFIC SEQUENCING* $120,000 $42,000 $78,000 17 FM 1709 TRAFFIC SIGNAL CONVERSIONS* $200,000 $123,399 $76,601 18 HI LLWOOD SEWER* $95,000 $82,415 S12,586 19 HUNTWICK ESTATES SEWER $200,000 $276,123 (S76,123) 20 JELLICO SEWER* $500,000 $419,723 S80,277 21 KIRKWOOD WATER LINE $326,000 $266,159 S59,841 22 LAKE DRIVE WATER,SEWER,PAVING $364,500 $376,991 ($12,491) 23 LILAC LN.WATER,SEWER,STREET* $234,600 $286,782 ($52,182) 24 NIISSION HILL SEWER $430,000 $489,099 (S59,099) 25 N.WHITE CHAPEL-COUNTY LINE TO LAKE' S340,000 $470,970 ($130,970) 26 N.WHITE CHAPEL-DOVE TO COUNTY LINE* $181,850 $177,010 S4,840 27 N-3&N4 LIFT STATIONS* $1,000,000 $1,009,500 (S9,500) 28 N-5 SEWER&KIMBALL/SH 114 WATER/SEWER RELOCATIONS $762,500 $743,255 S19,245 29 PEARSON GROUND STORAGE TANK NO.2* $1,687,400 $1,545,247 $142,153 30 jPINE SEWER* $200,000 $183,368 S16,632 31 PLANTATION SEWER $110,400 $84,676 S25,724 32 PUBLIC WORKS CENTER M PROVEMENTS* $405,600 $472,580 (S66,980) 33 PUMP STATION NO.2* $3,110,000 S3,146,800 (S36,800) 34 RAINTREE/SHADY LN WATER,SEWER,PAVING $1,925,995 $1,615,029 S310,966 35 RIDGECREST' $355,576 $400,504 (S44,928) 36 SABRE SEWER CONNECTION-SOLANA $25,000 $21,700 S3,300 37 jSHADY OAKS TRAFFIC LIGHT* $100,000 $91,000 $9,000 38 ISOLMILAKE/KELLER PUMP STATION MOD. S300,000 $116,281 $193,720 39 SUTTON PLACE DRAINGE&PAVING M PROVEMENTS' $270,000 $274,145 ($4,145) 40 ITMlARRON-BENT CREEK REPAIR' $726,986 $699,315 $27,671 41 ITROPHY CLUB 24"WATER LINE' $1,511,000 $1,440,693 S70,307 42 JW.CONTINENTAL RECON.-PHASE 1* $640,424 $731,161 (S90,737) 43 1 W.DOVE RECON.-PEYTONVILLE TO SHADY OAKS $259,680 $298,397 (S38,717) 44 W.JONES BRANCH CHANNEL IMPROVEMENTS* S1,000,000 $930,522 S69,478 45 WATER&SEWER TO MMON ADDITION $196,781 S262,535 (S65,754) 46 TOTAL $25,799,172 $25,257,341 47 TOTAL(OVERyUNDER BUDGET $541,831 48 49 *Project not yet complete. Cost shown reflects contract bid price&engineering,surveying costs 50 51 52 a 5H-5 12/1/99 i City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Honorable Mayor and City Councilmembers FROM: Karen Gandy, Zoning Administrator, ext. 743 Art Wright, Zoning Assistant, ext. 828 SUBJECT: Resolution No.99-82,Extension of the Moratorium on Non-Residential Carports and Parking Garages Action Requested: Extend the moratorium on non-residential carports and parking garages to February 2, 2000, to allow the City Council sufficient time to approve Ordinance No. 4804I, regulations on non-residential carports and parking garages. Background Information: Attached is Resolution No. 99-82, which will extend the moratorium on non- residential carports, covered parking and parking garages for thirty (35) days. Due to the cancellation of the second City Council meetings in both November and December, the proposed carport ordinance will not have sufficient time to be passed by Council before the moratorium expires on December 29, 1999. Therefore, an extension is required to allow time for the first and second readings of Ordinance No. 480-II. Financial Considerations: Not applicable. Alternatives: Council may recommend such changes or conditions to the Resolution as deemed appropriate. Supporting Documents: Proposed Resolution No. 99-82 WCOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\99-76MEMO.DOC -r_ Resolution No.99-82 Page 1 RESOLUTION NO. 99-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, EXTENDING A MORATORIUM UNTIL FEBRUARY 2, 2000, ON THE ISSUANCE OF PERMITS FOR COVERED PARKING AND CARPORTS ON NON-RESIDENTIAL PROPERTY PENDING THE STUDY, REVIEW, AND DISCUSSION OF PROPOSED REGULATIONS REGARDING SUCH COVERED PARKING AND CARPORTS; AND PROVIDING AN EFFECTIVE DATE. 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 accessory structures; and WHEREAS, the City Council of the City of Southlake did not include specific regulations for non-residential covered parking and carports in the regulations for accessory structures; and WHEREAS, the City Council of the City of Southlake believes that it will take several months to develop sufficient information to determine whether it is appropriate to amend Ordinance No. 480, as amended, regarding regulations for covered parking and carports on non-residential properties; and WHEREAS, the City Council of the City of Southlake believes that it is necessary and appropriate to institute temporary limitations on the issuance of permits for covered parking and carports on non-residential properties for a limited period of time to provide the city with the opportunity to complete its study and review; and 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 take appropriate action as many be required to protect the NACOMMUNITY DEVELOTPMEN RWP-FILES\ZBA\RESEARCH\CARPORTS\CARPORT EXT RES.DOC ,VE.3� -2- Resolution No.99-82 Page 2 public health, safety and welfare; and WHEREAS, the City Council on August 31, 1999, adopted a 120 day moratorium placed upon the issuance of permits for covered parking and carports on non-residential property as a minimally intrusive method of maintaining the status quo until such review could be completed; WHEREAS, the City Council has determined that the moratorium should be reinstituted until February 2, 2000, in order to complete the study and to allow the Planning and Zoning Commission sufficient time to complete its review and recommendation to the City Council and to allow the City Council time to review and take appropriate action; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. There is hereby declared an additional thirty-five (35) day moratorium, until February 2, 2000, effective upon approval of this resolution, on the issuance of all permits for covered parking and carports on any property zoned for non-residential use under the City's Comprehensive Zoning Ordinance ("non-residential property") within the City of Southlake. Furthermore, no application for a permit shall be accepted and no permit shall be issued or granted for the use of or the construction of any covered parking or carport on a non-residential property. SECTION 2. The term permit as used in this Resolution shall mean a license, certificate, approval, registration, consent, permit or other form of authorization required by law, rule, regulation or ordinance that must be obtained by a person in order to perform an action or development or initiate a project for which the permit is sought. NACOMMUNITY DEVELOPM MEENT\WPP-FILES\ZBA\RESEARCH\CARPORTS\CARPORT EXT RES.DOC y -J Resolution No.99-82 Page 3 SECTION 3. Any person who believes that the moratorium established by this resolution unreasonably and unnecessarily impacts his property shall have the right to request a variance to the provisions of this moratorium from the City Council. A person seeking a variance shall make a written request to the City Council by submitting it to the City Secretary's office. The request must provide the following information: a. A description of the property to be covered by the variance; b. An explanation as to why the application of the moratorium is unreasonable as applied to the applicant's property; c. A description of any negative impacts created by the moratorium provision. The City Secretary's office shall place the request for a variance on the agenda of the City Council for consideration at a public meeting. The applicant shall receive written notice of the date of the proposed hearing on the variance request. The City staff shall not be required to provide written notice of the variance request to any other individual or entity. On the date that the item is set for hearing, the City Council shall conduct a public hearing on the variance request giving any individual who desires to present information or evidence to the Council on the appropriateness or inappropriateness of the variance the opportunity to appear before the Council and present such information. At the conclusion of the hearing, the City Council, by majority vote, may approve a variance to the provisions of this moratorium resolution or may deny the request for variance. The approval of a variance shall entitle the applicant to proceed through the normal permitting process for property to which the variance has been granted. NACOMMUNITY DEVELOPME TNT\WP-FILES\ZBA\RESEARCH\CARPORTS\CARPORT EXT RES.DOC i -q Resolution No.99-82 Page 4 .. SECTION 4. This moratorium shall be considered in full force and effect upon its passage and for a period not to exceed thirty-five(35)days unless terminated prior to that time by action of the City Council. Upon final adoption of an ordinance adopting amendments regarding the regulation of covered parking and carports on non-residential property, or upon a determination being made that such amendments are not appropriate,this moratorium shall expire. This moratorium shall automatically expire thirty-five (35)days from the date of adoption, on February 2, 2000, unless it is specifically extended by additional City Council action for an additional period of time. SECTION 5. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1999. CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\RESEARCH\CARPORTS\CARPORT EXT RES.DOC 1;7 T Resolution No.99-82 Page 5 APPROVED AS TO FORM: City Attorney City of Southlake, Texas NACOMMUNITY DEVELOPMENT\WP-FILEESS\\ZBA\RESEARCH\CARPORTS\CARPORT EXT RES.DOC 5�_`E� City of Southlake, Texas MEMORANDUM December 2, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 757, 772) SUBJECT: Resolution No. 99-83, clarifying expiration of terms of Library Board members Action Requested: Council approval of Resolution No. 99-83, providing clarification of the terms for the Library Board members. Background Information: Ordinance No. 716 establishing a Library Board for the City of Southlake was passed and approved by City Council on two separate readings with an effective date of October 20, 1998. Under Section 2, "Number of Board Members, Qualifications and Terms," Board Members are appointed for two year terms, provided three (3) members are appointed each odd-numbered year and four (4) members are appointed each even-numbered year. Initial appointments to the Library Board were made by City Council in December of 1998 under Resolution No. 98-75, and currently exist as indicated: Place Expiration Date 1 C.D. Peebles December 1999 2 Marjorie Zielke December 1999 3 Debbie Baynard December 1999 4 Maria Cameron December 2000 5 Wanda Poe December 2000 6 Karen Cienki December 2000 7 Scott MacLeod December 2000 Resolution No. 99-83, seeks to extend the current appointments of the Library Board members to the May following the effective date of expiration, allowing the Board appointments to coincide with those of other City boards and committees. The proposed Resolution would also provide for the appointment of three (3) members in each even-numbered year and four (4) members in each odd-numbered year. If Resolution No. 99-83 is approved, an amendment to Ordinance No. 716 to correct the odd/even appointments will be brought forward to the City Council at a later date. Financial Considerations: Not applicable. Billy Campbell, City Manager December 2, 1999 Page 2 Citizen Input/ Board Review: Members of the Library Board were advised of the proposed resolution and concurred with the changes. Legal Review: Resolution No. 99-83 was modeled after existing resolutions clarifying terms of office. Alternatives: Alternatives may include the following: • Choose not to accept the proposed resolution and appoint three members to the Library Board using the current expiration time frame Supporting Documents: Supporting documents include the following items: • Proposed Resolution No. 99-83 • Ordinance No. 716, establishing the Library Board • Resolution No. 98-75, providing for the appointments of members to serve on the Library Board Staff Recommendation: Place on the December 7, 1999 City Council agenda for consideration the proposed Resolution No. 99-83, providing clarification of the terms for the Library Board. KH F 5 Z. itw RESOLUTION NO. 99-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR CLARIFICATION OF THE TERMS OF OFFICE FOR THE LIBRARY BOARD AND REQUIREMENTS ASSOCIATED WITH THE APPOINTMENT PROCESS. WHEREAS, the City Council of the City of Southlake, Texas established the Library Board through Ordinance No. 716 on October 2, 1998, to act as an advisory board to City Council for all matters relating to library facility planning and programming; and WHEREAS, the City Council on December 1, 1998, through Resolution No. 98-75, appointed seven members to serve on the Library Board for a period of two (2) years, provided three (3) members are appointed each odd-numbered year and four (4) members are appointed each even-numbered year; and WHEREAS, in an effort to provide continuity to the appointment process, the majority of Board and Committee selections are made by City Council in May of each year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1: The existing terms of the appointments to the Library Board shall be extended to the month of May following the current effective date of expiration. Section 2: Appointments to the Library Board shall be revised by City Council to allow for three (3) members to be appointed in each even-numbered year and four (4) members in each odd-numbered year. Section 3. That the City of Southlake authorizes and directs that this action be made part of the City's permanent record. Section 4. That this resolution become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS on this the 7th day of December, 1999. 14*W 1.3 Resolution No. 99-83 December 7, 1999 APPROVED: Rick Stacy Mayor Sandy LeGrand City Secretary APPROVED AS TO FORM: City Attorney 5TO-1 ORDINANCE NO. 716 ,., AN ORDINANCE ESTABLISHING A LIBRARY BOARD FOR THE CITY OF SOUTHLAKE; ESTABLISHING THE NUMBER OF BOARD MEMBERS AND THEIR TEPOVIS OF OFFICES, ESTABLISHING QUALIFICATIONS; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE LIBRARY BOARD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Southlake, Texas, deems it advisable and necessary to establish a Library Board for the City of Southlake, to act as an advisory board to the City Council relating to all nature of library facility planning and programming; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. Creation of Library Board. There is hereby established the Library Board for the City of Southlake, Texas, hereinafter referred to as the "Board." Section 2. Number of Board Members, Qualifications and Terms. The Board shall consist of seven (7) citizens of the City of Southlake, Texas, and who shall be appointed by the City Council for two (2) year terms, provided three (3) members shall be appointed each odd- numbered year and four (4) members be appointed each even-numbered year. Members shall serve without compensation until their successors are appointed. Places on the Board shall be numbered one (1) through seven (7). The City Council if it deems it desirable, may appoint ex-officio members to the Board. Such ex-officio members shall be appointed on an annual basis and the term of office of such ex-officio members shall be one year from the date of appointment. Such ex-officio members shall have no voting authority. Vacancies on the Board are to be filled by appointment by the City Council for the length of the unexpired term. Section 3. Board Meetings and By-Laws. The Board shall select from the members a chairman and vice-chairman who shall serve for one-year terms and until their successors are elected. The Board shall adopt by-laws to govern the holding of its meetings, which, at a minimum, shall encompass the following: a. Regular meetings shall be held once each month. b. Manner of holding and calling of special meetings. 1 c. Majority of members shall constitute a quorum. d. Members not planning to attend a regular meeting or special meeting shall notify the City Secretary or the Chair of the Board by 12:00 o'clock noon of the meeting day. e. Any member with unexcused absences from two (2) consecutive regular meetings or not exhibiting interest in the work of the Board shall be reported to the City Council, which may, at its discretion, remove the Board member and appoint a replacement. f. Minutes of each Board meeting shall be filed with the City Secretary. Section 4. Board Duties and Responsibilities. The duties and responsibilities of the Library Board shall be to: a. Act in an advisory capacity to the City Council in all matters pertaining to library facility planning and programming, including development of long range capital improvements programs. b. Cooperate with other City boards and commissions, other governmental agencies, civic groups, and all citizens of the city in the advancement of sound library planning and programming. c. Recommend policies for library services. d. Recommend the adoption of standards for public library facilities and their financial support. e. Receive requests for public funding for educational purposes of any public or private person, persons, associations or business entities, and to forward such request with recommendation to the City Council. f. Review the annual operating budget and capital improvement requests relating to library programs prior to submission by the City Manager to the City Council, and submit a recommendation on the budget. Section 5. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 7. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 716 or any other ordinances affecting city libraries which have accrued at the time of the effective date of this ordinance; and, as to M:\WP-FILES\Library\library-ord.doc 2 -6 such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 8. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. SED AND APPROVED ON FIRST READING ON THIS Iy DAY OF 1998. .\`����`O�� `� •;�, 4AY ATTEST: o • xN CfTY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS& DAY OF 1998 sto�U 7*/7,, o� ti�?�'• M OR ATTEST: :, (� CITY SECRETARY EFFECTIVE: a ► 1 j /g APPROVED AS TO FORM AND LEGALITY: W L City Attorney M:\WP-FILES\Library\library-ord.doc 3 SJ,-*7 City of Southlake,Texas RESOLUTION NO. 98-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE APPOINTMENT OF MEMBERS TO SERVE ON THE LIBRARY BOARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 20, 1998 the City Council for the City of Southlake, Texas, approved Ordinance No. 716, establishing a Library Board to act as an advisory board to the City Council relating to all nature of library facility planning and programming; and, WHEREAS, the Board shall consist of seven (7) citizens of the City of Southlake, Texas, and who shall be appointed by the City Council for two (2) year terms, provided three (3) members shall be appointed each odd-numbered year and four (4) members be appointed each even-numbered year. Members shall serve without compensation until their successors are appointed. Places on the Board shall be numbered one (1) through seven (7); WHEREAS, the City Council may appoint ex-officio members to the Board. Such ex- officio members shall be appointed on an annual basis and the term of office of such ex-officio members shall be one year from the date of appointment. Such ex-officio members shall have no voting authority. Vacancies on the Board are to be filled by appointment by the City Council for the length of the unexpired term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The City Council hereby determines that it is in the best interest of the citizens to appoint a seven (7) member Library Board to serve two year terms as described above, with the provision that the appointment of three (3) of the members, which are to be appointed each odd- numbered year, will be appointed initially to serve one year terms to expire in 1999 and subsequent appointments of three (3) members will coincide with odd-numbered years for two year terms. Section 2. At the Council's discretion, ex-officio members may be appointed on an annual basis to serve for a term of one year. Section 3. The City Council hereby appoints the following seven (7) members to serve on this Board: C.D. Peebles Place 1 Expire 1999 Marjorie Zielke Place 2 Expire 1999 Debbie Baynard Place 3 Expire 1999 Maria Cameron Place 4 Expire 2000 SIP City of Southlake, Texas Resolution No. 98-?9 December 1, 1998 Page 2 Wanda Poe Place 5 Expire 2000 Cynda Mast Place 6 Expire 2000 Scott MacLeod Place 7 Expire 2000 Section 3. This resolution is hereby effective upon passage by the City Council. PASSED AND APPROVED THIS THE 1" DAY OF DECEMBER, 1998. \\����\Inn►nn�,,Z CITY OF SOUTHLAKE, TEXAS \\N�� go . %rye'% : *MaorXRick Stacy i�� �.- ATTEST: U�ti• r:a� Sandra L. LeGrand City Secretary D:\VvT-FILES\CITYSEC\RESOLUTB98-75.doc �1.9 City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 716 SUBJECT: Resolution No. 99-81, Authorizing the acceptance and filing of the base amount of revenues from the City's telecommunications providers and allocation of the base amount with the Public Utility Commission of Texas. 1 i Action Requested: Approval of attached resolution. Background Information: In the past, fees paid to municipalities for the use of public right-ofsuch-way s: telecommunications providers were determined by several meth ods such as: percentage of gross revenues; fee-per-foot; flat-fee; fee-per-line; etc. The 76' Texas legislature changed this approach by passing HB 1777, also known as Chapter 283 of the Local Government Code. HB 1777 established a uniform method for calculating telecommunications franchise compensation paid to municipalities. Pursuant to HB 1777, all telecommunications franchise between a certified telecommunications provider (CTP) and a municipality will be based on a fee-per-access line method. Regardless of the existing method in current franchise agreements, the fee-per-access line method guarantees a municipality its 1998 franchise compensation from all CTP's within the municipality. r Beginning March 1, 2000 all telecommunication franchises in Texas will be based on a fee-per-access line method. HB1777 requires the PUC to , establish not more than three types of lines, also known as categories of access lines. At present, the PUC has proposed three categories of access lines. Each category (or type) of line will have a rate. This rate will be f unique to each municipality. The rate for each category, multiplied by the total number of lines in that category in that municipality, will be equal to the municipality's Base Amount. The allocation formula is crucial to the determination of rates or fee-per- access line in our municipality. The PUC has proposed alternative allocation methods. 1.) The municipality will provide the ratios of the final rates they desire between the categories of access lines 2.) The municipality will provide the percent of dollars to be allocated to each category. 3.) Use the PUC state average allocation per access line. 0 { Billy Campbell, City Manager December 3, 1999 Page 2 Financial Considerations: None required Citizen Input/ Board Review: None required Legal Review: The city attorney's office has reviewed this resolution. Alternatives: Modification of resolution or disapproval. Supporting Documents: Attached resolution No. 99-81 and letter submitted to PUC Staff Recommendation: Approval of the attached resolution. Approved for Submittal to City Council: ity anager's Office t RESOLUTION NO.99-81 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE ACCEPTANCE AND FILING OF THE BASE AMOUNT OF REVENUES FROM THE CITY'S TELECOMMUNICATIONS PROVIDERS AND ALLOCATION OF THE BASE AMOUNT WITH THE PUBLIC UTILITY COMMISSION OF TEXAS;PROVIDING AN EFFECTIVE DATE. Section 1. Findings and Purpose. A. HB 1777, 76`h Legislature, codified as Chapter 283 of the Texas Local Government Code, took effect on September 1, 1999. That statute governs the relationship between municipalities and certificated telecommunications providers. B. Chapter 283 establishes the method to calculate the municipal fee"base amount" of compensation to be paid to municipalities by certificated telecommunication providers. C. In determining a compensation level for the use of the public rights of way by certificated telecommunication providers that is fair and equitable,the Council has considered: (1) the historic level of compensation received; (2) the actual and projected percentage of growth in revenue from the compensation model in the existing telecommunication ordinance;and, (3) annual growth in number of lines. D. The Council finds that the base amount level established in Section 2 of this Resolution fairly compensates the City by certificated telecommunication providers for their use of the public rights-of-way, and will be applied in a competitively neutral and non-discriminatory manner. Section 2. Base Amount. In accordance with Chapter 283 of the Local Government Code, the City Council has calculated$230,902 as the base amount of compensation for certificated telecommunication providers' use of the public rights of way,which amount shall be filed with the Public Utility Commission("PUC"). Section 3. Allocation of Base Amount. Use the Public Utility Commission state average allocation per access line. Section 4. Effective Date. This resolution shall become effective from and after the date of its passage. PASSED AND APPROVED THIS THE DAY OF ,1999. Rick Stacy,Mayor ATTEST: Sandra L.LeGrand,City Secretary Docwnrnt M:8'0155 �� I�- 3 City of Southlake Administrative Offices November 24, 1999 Mr. Elango Rajagopal Mayor: Project No. 20935 Rick Stacy Office of Regulatory Affairs Public Utility Commission of Texas Mayor Pro Tem: P. O. Box 13326 Gary Fawks Austin, Texas 78711-3326 Deputy Mayor Pro Tem: Ronnie Kendall RE: Submission of the Base Amount for the City of Southlake, Texas and Councilmembers: Allocation of Base Amount for the City of Southlake, Texas Wayne Moffat Rex Potter Dear Mr. Rajagopal: Debra Edmondson Patsy Dupre Enclosed please find the Submission of the City of Southlake, Texas Base Amount City Manager: j Form and the Form for Allocation of Base Amount. The Southlake City Council will Billy Campbell not meet until December 7, 1999. When the City Council conducted its November Assistant City Manager: i meeting on November 2, 1999, this was before the latest round of PUC and TML Shana K.Yelverton sponsored workshops on H.B. 1777 implementation, and the City was not yet apprised of all information necessary to make an informed decision with respect to City Secretary: allocation. LSandra L. LeGrand The enclosed Form for Allocation of Base Amount contains the allocation recommended by City staff. Please recognize that the City may amend its submission if the City Council does not adopt the staffs recommendation at the December meeting. If this occurs, we will submit an amended submission. Should you have any questions in this regard, please do not hesitate to contact me at (817) 481-5581 Ext. 716. Thank you for your cooperation and assistance in this regard. Sincerely, Sharen Elam Director of Finance Enclosures J 1725 East Southlake Blvd. • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 329-1747 AN QL(AL OPPORTUNITY EMPLOYER" IM City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 716 SUBJECT: Approval of application from Linnia Johnson for exemption of development fees under the Development Fee Hardship Policy adopted by Council October 5, 1999. Action Requested: Approval of the attached application Background Information: On October 5, 1999, the City Council approved a Development Fee Hardship Policy. City staff received our first application on October 18, 1999 from Ms. Johnson. I have examined all the documents to verify that Ms. Johnson meets all the requirements (age, income and ownership of property). Financial Considerations: None Citizen Input/ Board Review: None required Legal Review: None required Alternatives: Approve or deny the application. Supporting Documents: Attached application. Staff Recommendation: Approval of the attached application. Approved for Submittal to City Council: ity anager's Office `5L-1 CITY OF SOUTHLAKE Policy: Development Fee Hardship Policy Source: City Council Category: Development Fees Effective Date: October 5, 1999 Statement of Purpose. The purpose of this policy is to provide a consistent policy for consideration of waiving zoning fees. The following policy will become effective immediately. Procedure. ' 1. Anyone considering requesting a waiver of development fees must r.• complete a Development Fee Hardship application. 2. The applicant should include acceptable documentation (proof of income, age and ownership of property) and proof of income for any income producing member of the household requesting the waiver of development fees. 3. The Finance Director will review the application and make any comments/recommendation deemed necessary. 4. The Finance Director will forward all applications along with comments/recommendation to the City Council for their approval at the next scheduled council meeting. 5. All applications will be considered for approval on a case by case basis. LW Lrf � CITY OF SOUTHLAKE DEVELOPMENT FEES HARDSHIP RATE APPLICATION 4 DATE: NAME: ADDRESS: C`G� 1999 FEDERAL POVERTY GUIDELINE SIZE OF FAMILY TOTAL HOUSEHOLD INCOME $ 8,050 2 $ 10,850 3 S 13,650 4 $ 16,450 5 $ 19,250 i do hereby certify that I qualify for DEVELOPMENT FEES HARDSHIP RATES at my residence of I affirm that I meet the federal poverty guidelines for a family of , with a yam# combined HOUSEHOLD INCOME of less tharvlo S U� , over the age of 65 and the owner of the property requiring zoning. I UNDERSTAND THAT THE SUBMISSION OF FALSE INFORMATION WILL IMMEDIATELY NULLIFY THIS RATE AND WILL MAKE ME RESPONSIBLE FOR ALL DISCOUNTS FROM DATE OF ISSUANCE. SIGNED: DATE: C AUTHORIZED APPROVAL BY: c� DATE: fOD OCT 2 11999 5 L-3 City of Southlake, Texas t MEMORANDUM December 2, 1999 TO: Billy Campbell, City Manager FROM: James Kunke, Public Information Officer (Ext. 819) SUBJECT: Award of bid to Dallas Offset,Inc. for the printing of City newsletters Action Requested: Award bid to Dallas Offset Inc. for printing city newsletter, representing a 12-month contract in the estimated amount of$13,645.20. Background Information: The city advertised for bids on Nov. 14 and Nov. 21, with a bid opening on Nov. 30. As indicated during the City Council meeting in November, printers using a web press were targeted because of expected lower costs and faster production time. Printers were asked to bid on a base package for the city newsletter, plus two optional packages. All options called for six newsletters during 2000, two of them being eight pages and the rest being four pages. Based on the bid numbers received, staff is recommending Option 1B for full-color printing of the newsletter. The bid received from Dallas Offset Inc. was $9,396.22 for the base package with two-color printing; $11,799.84 for Option 1 A with full-color cover only; and $13,645.20 for Option 1 B with full-color printing on all pages. The contract requires a maximum five-day turnaround from the time the document is delivered to the printer until the finished newsletters and delivered to the Post Office for mailing. The 12-month agreement includes a mutual option for 12-month renewal, and does include severance language in the event that the vendor does not meet specification requirements. Dallas Offset was used to print the December newsletter. Staff is pleased with the results, and the five-day production window was easily met. Therefore, we are comfortable using Dallas Offset for future newsletters. Financial Considerations: The FY 99-00 Community Services budget includes $22,000 printing the city newsletter. 5M-1 Printing bid Nov.30, 1999 Page 2 Citizen Input/ Board Review: None. Legal Review: None. Alternatives: City Council also can: • Award a lower option bid to Dallas Offset. • Reject the bid and repeat the process. Supporting Documents: None. Staff Recommendation: Staff recommends that City Council: • Award the Option 113 bid to Dallas Offset for printing the city newsletter. Approved for Submittal to City Council: City Manager's Office 5M-2 City of Southlake, Texas MEMORANDUM 1` December 3, 1999 1�,• TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Approval of Resolution 99-87, Authorizing the City Attorney to bring a condemnation action for the purpose of obtaining a permanent utility easement and temporary construction easement for use by the City for the construction of a sanitary sewer line Action Requested: Approve Resolution 99-87 authorizing the City Attorney to bring a condemnation action for the purpose of obtaining a permanent utility easement and temporary construction easement for use by the City for the construction of a sanitary sewer line. Background Information: The City has been in the process since March 1999 of acquiring 54 easements in order to construct sanitary sewer lines to serve the Cross Timber Hills subdivision. As of date, the City has obtained 50 of the easements. There are two property owners who have agreed to grant the easement but have yet to send the easement to the City. One other 'v.. easement will have to be condemned for acquisition. The City has made several attempts to acquire the easement from the property owner, Mr. & Mrs. Davis of 1342 Woodcreek Court, to no avail. A letter from the Davis' is attached describing their point of view on the easement. Financial Considerations: The City is in the process of having the property appraised. The City will be required to pay the appraisal cost. The City will have to pay to the property owner fair market value for the easement. Additionally, if the condemnation action proceeds to the Commissioner's Court, the City will incur attorney's fees and possible consulting fees from the appraiser, engineer, etc. Citizen Input/ Board Review: See attached letter dated October 18, 1999 from Mr. &Mrs. Davis Legal Review: The attorneys representing the City recommend approval of a resolution to proceed with all condemnation actions. Alternatives: The City has exhausted all efforts to obtain the utility easement and staff �.,. recommends proceeding with the condemnation action. 5N- 1 f City of Southlake, Texas Supporting Documents: Letter dated October 18, 1999 from Mr. & Mrs. Davis Resolution 99-87 Staff Recommendation: Staff recommends City Council approve Resolution 99-87 authorizing the City Attorney to bring a condemnation action for the purpose of obtaining a permanent utility line easement and temporary construction easement for use by the City for the construction of a sanitary sewer line. Please place this item on the December 7, 1999 Regular City Council Agenda for approval. i SEP/sep Approved for Submittal to City Council: City Manager's Office 5N-2 i Sterling Davis & Mollie Cantrell Davis 1342 Woodbrook Court Southlake, Texas 76092 October 18, 1999 Mr. Shawn Poe City of Southlake 1950 E.Continental Blvd. Southlake, TX 76092 Dear Mr. Poe. Thank you for your cooperation and effort in answering our inquiries and concerns relating to the proposed easement for sewer construction across our property at 1342 Woodbrook Court. After much consideration Sterling and I have reached the decision that we will not allow either the perma- nent easement or the temporary construction easement across our property. I have listened both to your assurances and your descriptions of construction methods and machinery. We are both convinced that it would be a mistake to allow such out-of-control activity to take place on our property. The fifty-foot swath of natural vegetation,which is at risk,provides us with great natural beauty and privacy and is the primary reason we purchased this piece of property. Under no circumstances will we allow potentially damaging construction in the area. If we consented to sign the agreement,then the matter would be permanently out of our control and in the hands of others. We are simply not willing to take the risk of damage to our property. We will not sign the easement now or in the future. Thank you again for your courtesy,time; and effort. Mollie Kaye Cantrell Davis 14 Sterling G. Davis. 5N-3 RESOLUTION NO.99-87 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION AC71ON FOR THE PURPOSE OF OBTAINING A PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR USE BY THE CITY FOR THE CONSTRUCTION OF A SANITARY SEWER LINE OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW WHEREAS, the City of Southlake is in the process of constructing sanitary sewer lines to serve the Cross Timber Hills subdivision as part of the City's Neighborhood Sewer Program, (the "Project')which will serve existing developments in the city; and WHEREAS, in order to complete construction of the Project, it is necessary for the city to acquire easements from property owners who own land across which the Project will be located; and WHEREAS, the city and the owner of one of said properties, Mollie C. and Sterling Davis of Southlake, have been unable to reach an agreement on the acquisition of this easement; and WHEREAS, the city council now deems it necessary to authorize the city attorney to initiate condemnation proceedings in order to acquire the necessary easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The city attorney is hereby authorized to bring a condemnation lawsuit for the purpose of acquiring a permanent utility easement and a temporary construction easement, being more particularly described on the exhibit attached hereto. SECTION 2. The city council finds that such acquisition in this condemnation action is necessary in order to serve the public health, safety and welfare. PASSED,APPROVED and EFFECTIVE this day of , 1999. Mayor, City of Southlake mAwd-files\cip\sewer\cross timber davis condemnation resolution.doc Page 1 5N-4 ' 1 ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney mAwd-files\cip\sewer\cross timber davis condemnation resolution.doc Page 2 5N-5 ?mi ��� Vic., H � \ +.ao co pSu A =: •�I ��Cn Wo Oyu I L �012m Obi Y 04 �(31 cnt J� p / s / 'n�l 6 a 3- 1 o � r V#y %,/ / M 0- 0 CL 0 3 ,o � g ~� I f0 P- M 0 3 _ � G O O o N � = U� co r r w m50 �a � c 0 m - o m OCn�c 1 I m i Na Lok _I~wr I I Z 06 Z wg � CO ooa 6L z co to I Z.Ot m m2�� o mZ rq Z rw / r v / vLrl V 01i 0. ZZZ� 2 Oy 1V oetciC7 cm s m � o � N m a` N o � y w 5N-6 i EXHIBIT `B' 15' Permanent Utility Easement 3 5' Temporary Construction Easement Being a 0.066 acre tract of land in the A.A. Freeman Survey, Abstract No. 522, City of Southlake, Tarrant County, Texas and being a strip of land, over, through, and across Block 4, Lot 13R of the Cross Timber Hills Addition in Volume 388-152, P.63, (P.R.T.C.T.) and being more particularly described as follows: COMMENCING at a %Z" iron rod found for a corner, said point being the southwest property corner for said Lot 13R, the northwest property corner for Block 4, Lot 15 of the Cross Timber Hills Addition in Volume 388-152, P.63 (P.R.T.C.T.), also being in the north property line of Block 4, Lot 19 of the Cross Timber Hills Addition in Volume 388- 165, P.57 (P.R.T.C.T.) and being the POINT OF BEGINNING; THENCE N 15' 30' W, a distance of 131.93 feet along the west property line of said Lot 13R to a point for a corner; THENCE N 750 43' 2 1" E, a distance of 5.55 feet to a point for a corner; THENCE N 240 22' 43" E, a distance of 27.81 feet to a point for a corner, said point being in the northwest property line of said Lot 13R and in the southwest property line of Block 4, Lot 58 of the Cross Timber Hills Addition in Volume 388-174, P.57 (P.R.T.C.T.); THENCE N 36' 34' 15" E, a distance of 71.03 feet to a point for a corner; THENCE S 240 22' 43" W, a distance of 100.43 feet to a point for a corner; THENCE S 15' 30' E, a distance of 121.36 feet to a point for a corner, said point being the in south property line of said Lot 13R and in the north property line of said Lot 15; THENCE S 80' 40' 42" W, a distance of 15.08 feet to the POINT OF BEGINNING, containing within these metes and bounds 0.066 acres or 2,894 square feet of land, more or less. GA001-444\444-Igi 13.doc 4W 5N-7 + - City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Approval of Resolution 99-88, Authorizing the City Attorney to bring a condemnation action for the purpose of obtaining a permanent sanitary sewer easement and temporary construction easement for use by the City for the construction of a sanitary sewer line Action Requested: Approve Resolution 99-88 authorizing the City Attorney to bring a condemnation action for the purpose of obtaining a permanent sanitary sewer easement and temporary construction easement for use by the City for the construction of a sanitary sewer line. Background Information: The City has been in the process since March 1999 of acquiring 54 easements in order to construct sanitary sewer lines to serve the Cross Timber Hills subdivision. As of date, the City has obtained 50 of the easements. There are two property owners who have agreed to grant the easement but have yet to send the easement to the City. One other easement will have to be condemned for acquisition. The City has made several attempts to acquire an easement from the property owner, Mr. & Mrs. Sunstrum of 1332 Hidden Glen Court, to no avail. The property owner has requested $1,500 and a waiver of the $1,300 participation fee for consideration of the easement (see attached letter). Financial Considerations: The City is in the process of having the property appraised. The City will be required to pay the appraisal cost. The City will have to pay to the property owner fair market value for the easement. Additionally, if the condemnation action proceeds to the Commissioner's Court, the City will incur attorney's fees and possible consulting fees from the appraiser, engineer, etc. The property owner has agreed to grant the easement for $1,500 and a waiver of the $1,300 participation fee, however no other monetary concession has been paid to any of the other 50 property owners (just waiver of the $1,300 participation fee). Citizen Input/ Board Review: See attached letter dated November 1, 1999 from Mr. Sunstrum 50- 1 j City of Southlake, Texas Legal Review: The attorneys representing the City recommend approval of a resolution to proceed with all condemnation actions. Alternatives: The City has exhausted all efforts to obtain the utility easement and staff recommends proceeding with the condemnation action. Supporting Documents: Letter dated November 1, 1999 from Mr. Sunstrum Resolution 99-88 Staff Recommendation: Staff recommends City Council approve Resolution 99-88 authorizing the City Attorney to bring a condemnation action for the purpose of obtaining a permanent sanitary sewer easement and temporary construction easement for use by the City for the construction of a sanitary sewer line. Please place this item on the December 7, 1999 Regular City Council Agenda for approval. SEP/sep Approved for Submittal to City Council: City Manager's Office 50-2 Spencer L. Sunstrum 1332 Hidden Glen Ct. ` - Southlake, Texas 76092 November 1, 1999 Mr. Billy Campbell City of Southlake, Texas 1721 E. Southlake Blvd. Suite 100 Southlake, Texas 76092 Dear Mr. Campbell: Per your letter dated(October 28, 1999, Yes, Mr. Poe and I have visited on two occasions at my home and several times by phone. Mr. Poe 's last phone conversation with me was regarding the city's denial to accommodate my request to take care of the cost of filling dnd the work entailed with my septic tanks. Although, not happy with this decision, it appears a no win situation ,forme. . . I am however, prepared to sign the documents-with two exceptions: 1. 7-he easement granted,for this project only will apply to this project and not to any future projects (i.e., cable or telephone line projects, etc...) 2. 1 am requesting$1500 fon the use of'the entire easement up to my driveway, and this does not include.eliminating any of the items in Exhibit C, specifically #6. Sincerely, Spencer Sunstrum cc: Shaun Poe 50-3 RESOLUTION NO.99-88 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A PERMANENT SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR USE BY THE CITY FOR THE CONSTRUCTION OF A SANITARY SEWER LINE OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW WHEREAS, the City of Southlake is in the process of constructing sanitary sewer lines to serve the Cross Timber Hills subdivision as part of the Citys Neighborhood Sewer Program, (the "Project')which will serve existing developments in the city; and WHEREAS, in order to complete construction of the Project, it is necessary for the city to acquire easements from property owners who own land across which the Project will be located; and WHEREAS, the city and the owner of one of said properties, Spencer Sunstrum of Southlake, have been unable to reach an agreement on the acquisition of this easement; and WHEREAS, the city council now deems it necessary to authorize the city attorney to initiate condemnation proceedings in order to acquire the necessary easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The city attorney is hereby authorized to bring a condemnation lawsuit for the purpose of acquiring a permanent sanitary sewer easement and a temporary construction easement, being more particularly described on the exhibit attached hereto. SECTION 2. The city council finds that such acquisition in this condemnation action is necessary in order to serve the public health, safety and welfare. PASSED,APPROVED and EFFECTIVE this day of 11999. Mayor, City of Southlake miwd-files\cip\sewer\cross timber sunstrum condemnation resolution.doc Page 1 50-4 ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney mAwd-files\cip\sewer\cross timber sunstrum condemnation resolulion.doc Page 2 50-5 LO I err" C\2 wCIICD I F 0.m 0) s� M o .a a U O I > I � / N / CID Ul C7 �CD \ 0. \ w~C', zWu) W a Aa C6P CO LO x0 I Co � .. OD ��aM O E+ x (F(�� c:7 + x a a s o �aE� p; O co dad www� \ O a F�D z ZH Sao w I w mo F�,0.r"'i U N v W W dxE" €• I o0 0.� s0 o � W xo� o W � Zo� Ix F cli / ~'4� :ems o'7 W Z E"ao z O co'o W W I \ oia •�,m w:ai E-� U A a� �, I M Ul >t W Ol Z O Ua rn w Q U O�Gp, IWwW co \ \ a I ww c o C!1 Z " .. w ' �� �� \ C o Z 10 ao'!/j w t I E-F ri)a m w ^ z O W a o �o I ao ado co(� A a w > ZO ��� Wx � z'�i� I o w A da G� Vila " > o a. o a w :t, >� a r� co a rz w w co � �, I W E-+ � W z — I z a z U H N 064e.0, w o :n OWm Um to H ca .� � (�Ex-•� ZO I � o-x U W W apW �� W.,� arwin � A m O ` ah o f 0 F 0.co U w zA� FO �Lo M _ ' / R MQz zap 0 LOLi I / pz En it w a � a 50-6 EXHIBIT B 2,918 square feet of land being a portion of Lot 1, Block 4, Cross Timbers Hills, Phase I, an addition to the city of Southlake, Tarrant County, Texas according to the plat recorded in Volume 388/152, Page 63, Plat Records of Tarrant County, Texas; said Lot 1, being conveyed to Robert E. Flaherty et ux Laura Flaherty according to the deed recorded in Volume 8160, Page 1225, Deed Records of Tarrant County,Texas; said 2,918 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of said Lot 1; THENCE S 250 00' 00" E, 16.51 feet along the easterly line of said Lot 1; THENCE S 890 42' 00" W, 197.13 feet to a point in the west line of said Lot 1; THENCE N 060 48' 00" W, 15.10 feet along the west line of said Lot 1 to the northwest corner of said Lot 1; THENCE N 890 42' 00" E, 191.94 feet along the north line of said Lot 1 to the POINT OF BEGINNING and containing 2,918 square feet of land. A�E.OF.TF ..............:... JAMES G. FERGUSON ...................... 4 1958 4*16 50-7 City of Southlake, Texas i STAFF REPORT December 3, 1999 CASE NO: ZA 99-119 PROJECT: Plat Vacation - Lots 1 & 2, Block 1, E.A. Smith Subdivision, Save and Except South Carroll Avenue Right-of-way Dedication, as recorded in Volume 388-154, Page 91 P.R.T.C.T. STAFF CONTACT: Dennis Killough Senior Planner 481-5581, ext. 787 REQUESTED ACTION: Plat Vacation - Lots 1 & 2, Block 1, E.A. Smith Subdivision, Save and Except South Carroll Avenue Right-of-way Dedication, as recorded in Volume 388-154, Page 91, P.R.T.C.T. LOCATION: East side of S. Carroll Avenue approximately 2,200' south of E. Southlake Boulevard (F.M. 1709). OWNERS: Versailles III, Ltd. and Emalyn Mobley APPLICANT: Versailles III, Ltd. CURRENT ZONING: "SF-20B" Single Family Residential District LAND USE DESIGNATION: Medium Density Residential NO. NOTICES SENT: None Required P&Z ACTION: November 18, 1999; Approved (7-0) on consent. STAFF COMMENTS: This plat vacation is associated with the Versailles Phase III residential development and is necessary in order to vacate any existing deed restrictions, easements and lots established by the E.A. Smith Subdivision plat. The filing of this plat vacation is a condition of approval for the Versailles Phase III final plat. Prior to filing the plat vacation in the County Plat Records, the vacation document must be signed by the current property owner(s) and by each franchise utility company which provide services to the area. A location map and a copy of the plat proposed for vacation is attached. NACommunity Development\WP-FILES\MEMO\98CASES\98-127pv.doc 6 a- t � ■ ■■rye��..���' �_■ {�, 1.. ■ SIM BE WE 1100 soon NOW: gk Sig imp MARIN Ban � ■ice"'�� ,,.,... E " , r i;1t t,�� list s ' ri sa j �� nJ € � �• Yl t o t � e � •� � �H41 ± 1 j fi 1cf:. � � ,d� ► Q e a F 14L•-° JII `^ e� rJd � ttd �d3j E%...5 YYi9q] Ei iff > per. cli y w 06, a LL � L ~---- 11Jd0 CC J9yd LL69'roA-Nd96' � 4 h r, Q h1 n ^\ Q \+ Z mOW j D h1 i ' JQUN O O �h \ UNZ SziQ o O— oma>< h ^ h J> V1mJW h V Z -Co 00 Q N :0 txwQ y U FUZ J� O CL ZM o5Kz F-ppNQ Q N 2 U LL W O O J ZZQ Ow a c 2 g J as_3 Q�ow x -_----.................._. > �_ 77Nny /"lc',•'%FEd.9FL7 Jn-///wS f1,7h_:;- - City of Southlake, Texas MEMORANDUM December 2, 1999 TO: Billy Campbell, City Manager FROM: Greg Last, Director of Economic Development SUBJECT: Resolution No. 99-89: A Resolution.identifying the State Highway 114 and State Highway 121 corridor (The Funnel) as a project of State and National significance, and requesting that the Texas Transportation Commission direct staff to develop a multi-year phasing and funding program and to identify funds in future unified transportation plans to facilitate the express/managed alternative improvement. Action Requested: Approval of the attached resolution in support of the Metroport Cities' Transportation Partnership initiative. Background Information: The Metroport Cities Transportation Partnership is planning another advocacy appearance before the Texas Transportation Commission on January 27, 2000 in Austin. They have asked all member cities to declare their support for the funding of improvements to the SH 114 / SH 121 funnel by approving the attached resolution. Financial Considerations: None Citizen Input/ Board Review: None Legal Review: None Alternatives: Denial or revised approval. Supporting Documents: Attached is Resolution No. 99-89 Staff Recommendation: Recommend approval. Approved for Submittal to City Council: City Manager's Office N:\Econdev\AGENCIES\metroport\transp-com\funnel-res-mem-Ol.DOC i RESOLUTION NO. 99-89 A RESOLUTION IDENTIFYING THE STATE HIGHWAY 114 AND STATE HIGHWAY 121 CORRIDOR (THE FUNNEL) AS A PROJECT OF STATE AND NATIONAL SIGNIFICANCE, AND REQUESTING THAT THE TEXAS TRANSPORTATION COMMISSION DIRECT STAFF TO DEVELOP A MULTI-YEAR PHASING AND FUNDING PROGRAM AND TO IDENTIFY FUNDS IN FUTURE UNIFIED TRANSPORTATION PLANS TO FACILITATE THE EXPRESS / MANAGED ALTERNATIVE IMPROVEMENT. WHEREAS, the Texas Department of Transportation is currently preparing the Major Investment Study and environmental document for the portion of State Highway 114/State Highway 121 known as "the funnel" and has currently identified a preferred alternative, the Express/Managed Alternative; and, WHEREAS, the funnel is a project of Statewide and national significance that would maximize use of the SH 114 and SH 121 corridors for regional residents and commuters, and significantly enhance the operations of Dallas-Fort Worth International Airport; and, WHEREAS, the funnel is the front door to DFW, the economic generator for North Texas and currently the world's third busiest airport; and, WHEREAS, DFW is anticipated to double operations by 2015, making it the busiest airport as early as 2003; and, WHEREAS, the success of the region's economic development programs in continuing to attract Fortune 100 and 500 companies to the region depend in part on unimpeded access in and out of DFW; and, WHEREAS, increasing congestion and unsafe conditions throughout the funnel are jeopardizing the region's ability to attract future corporate locations to the region, and negatively impacting existing operations by increasing travel times and cost of services; and WHEREAS, regional growth is continuing, as evidenced by Tarrant County being the fastest growing county in the Metroplex; and, WHEREAS, the METROPORT Corridor cities and towns have formally endorsed the Express/Managed Alternative containing the Reversible Express/Managed Lane design; NOW, THEREFORE BE IT RESOLVED THAT: Section 1. The City of Southlake requests that the Texas Transportation Commission direct staff to work with the METROPORT Transportation Partnership to develop a multi-year, phased .► construction and funding program for the Express/Managed Alternative, and identify a phase one construction funding commitment, and i Section 2. The City of Southlake requests that the Texas Transportation Commission direct staff to work with the METROPORT Transportation Partnership to assure the timely implementation of the Express/Managed Alternative and begin to fund portions of the project in future year Unified Transportation Plans. PASSED AND APPROVED THIS DAY OF , CITY OF , TEXAS Rick Stacy, Mayor ATTEST: Sandra LeGrand City Secretary APPROVED AS TO FORM: City Attorney N:\Econdev\AGENCIES\metroport\transp-com\funnel-res-cc-Ol.doc City of Southlake, Texas 1 STAFF REPORT December 3, 1999 CASE NO: ZA 99-057 PROJECT: Ordinance No.480-317/Second Reading/Rezoning and Development Plan - Crown Ridge Addition STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Rezoning on property legally described as Tracts 8, 9, 18, and 19, situated in the R. D. Price Survey, Abstract No. 992, and being approximately 63.43 acres. A Development Plan for Crown Ridge Addition will be considered with this request. PURPOSE: To establish zoning and development concepts for future development of a residential P.U.D. LOCATION: On the west side of North White Chapel Boulevard approximately 700' south of West Bob Jones Road. OWNER: Southlake/Solana, Ltd. APPLICANT: Huitt-Zollars CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "R-PUD" Residential Planned Unit Development District AMENDED ZONING REQUEST: "SF-IA" Single Family Residential District(see attached letter) LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Fourteen (14) RESPONSES: Four (4) responses were received from within the 200' notification area: • W.E. Lamoreaux Jr., 6967 Blackwood Drive, Dallas, TX, in favor, "I would like to see more development in Southlake." (Received August 31, 1999.) • Barbara G. Lamoreaux, 6967 Blackwood Drive, Dallas, TX, in favor, "It stands to reason that the entire area needs encouragement to develop since Southlake wishes Sabre to bring in so many new people who will need housing." (Received -7A - ( City of Southlake, Texas August 31, 1999.) • Jim Makens, Copper Line JV, 2300 Airport Freeway 4230, Bedford, TX, in favor, "in favor so long as developer addresses the additional water flow being dumped on my property." (Received September 10, 1999.) • Marzell F. Evans, 9426 Braddock Road, Fairfax, VA, undecided. (Received September 10, 1999.) Three (3) responses were received from outside the 200' notification area: • Peter and Marilyn Hye, 4522 Saddle Ridge Road, Roanoke, TX, in favor, "Because the above addition is adjacent to Lakewood Ridge Subdivision where the houses are on 1.3 to 1.5 acre lots, we do not want to have 85 homes on 65 acres in the neighborhood (including roads?!) The new addition should have no less than 1 acre lots for the houses excluding the roads." (Received September 9, 1999.) • Judy Howell, 460 Brooks Court, Southlake, TX, opposed. See attached letter. (Received September 9, 1999.) • Cara O. White, 4475 Homestead Drive, Southlake, TX, opposed, "Does not conform to the Land Use Plan. Removal of a huge # of old established trees-unnecessary. Drainage issues & traffic issues." (Received September 9, 1999.) P&Z ACTION: September 9, 1999; Denied (7-0). COUNCIL ACTION: October 5, 1999; Approved (7-0) on consent applicant's request to table. October 19, 1999; Approved (7-0) on consent applicant's request to table to the November 2, 1999, City Council meeting. November 2, 1999; Approved (7-0) First Reading "SF-IA" Single Family Residential District zoning. STAFF COMMENTS: Please note that a change of zoning to the "SF-IA" Single Family Residential District does not require a Concept Plan Review by Staff. Because of a recommendation for denial by the Planning and Zoning Commission, a super majority vote for approval by the City Council is needed in order to approve this zoning change request. NACommunity Development\WP-FILES\MEMO\99CASES\99-057ZD.doc -7,4 -2 TERRA LAND DEVELOPMENT CO. October 18, 1999 Karen Gandy, Interim Planning Director Planning City of Southlake 1721 East Southlake Boulevard Southlake, Texas 76092 Re: Crown Ridge Estates Dear Karen: Please put Crown Ridge on the list for the next Southlake City Council meeting. We request that our zoning for the Crown Ridge Development be changed from a PLD to SF 4 A. I have met with Cara White, the representative of Spin 1. She states that Spin 1 is in agreement to support this zoning change request. Please let me know when the next City Council meeting is scheduled. Thank you for your help and patience through this process. Sincerely, aul Spain PS/mka Cc: Cara White BCD O C T 211999 Terra Land Development Co. ** 700 Lakeview Blvd. * Denton,Texas * 76207 * 972-410-5000 * Fax 940-383-1340 ** 7A-3 09,07,'99 14;!,' a 972 78a a851 JUL'! HnIJELL INS. F.02 k insurance CMC% dp,. rITATI PARM' 1AW JUDY HOWFI i , Cl U, Chr INSURANC Ai t4 n-I i{c_1I 1 th-1 lorre a rd Rt j,,J_R(4,-, 60 ) W. WHFA_11 AND. LIME 101 4Qi-2------6erle e-1 IX / k, 972} 7rM-1576 SAX (9'/7) 1 5116 P'HIML Soptxyr-bor 07, 1999 SouLhlake Planning & Zoring Corr ffl When my husband and ) moved to SOUthlaKe three ano half year-,. au(,, 1we had l-ooked for over two years for a great. lorat.ion- -- - rUra I atmosptt%r(,. lcw- donsity housing. and acreage. Wi fouri6 our dream roperty on Court arid were lead to believe thzit, t.tic 7ornn, vtI e area was density housing arid no less than one acre per_dwelling. S far 'low- -Ncv we are faced with a dr,,volum.,r, wrio has purchased property for residential lots. Ile was awar6 o1* the minimum acreage ?.()riinq- whpn I'le pirchased this land and Is nowtrying to steamroll a change'thmUgh " high-density hiqh-den� residential , Wo have m with him severed tinte;- anal[,lade our, thoughts quite plain as to cur desire to 'leave the Loran:, d�,. it row, and obviously, he chooses riot to pay attention to our desires. Since my husband and J will bc, out of town on the 9th of Sepi..eriber, this i.pttpr Will servo as Our' VOtP tor ,I,.hp mpptina. We arc! WZY op Osed to the Cmwn Ridge. zonring plan due to its lai lure 16 Cvnply with the My's I and Use Plan. that. is in place now, and its errerCt, or, o.-rect infrastructure and our qLd 0 I f 1i'e. I m, sure that the' developer feels that if hn con tine . ti es. to harass the current, residents we will re and to appear and express our feelings. Please be assured that our opposition to this change of nring will n.,-,t change and we. will not go away. S i incorol y, JURY '-04ELA. -7A —q ODGCDv r .. 117 ::1111�1,'ll�►lli,q�ii,,'�yn,°I!J Will :. _.___. � ► / � � �11111111 IIN���s111111111\ �illllllllllllllillllllllll�l�lf •� f..-• - , �IIIIIIIIillllllllllll�ll�11�Iij! �IIIIIIIIIIIilillllllllllllllll� �1111111;�111111;►'111111.1(1(it,t ii� ' �Illlllllr�. ' •� �111111111► '111111111111111111 �!IUul�l r�unfii� I 11\ .I 1'I _ is W m awnoR RnSSod = ii ? S ? I Y Ras R X R R W -? - _ O Y cn__ - } _ 0 U. wt Hna znant V O < _�_��351V1 H1f10S30u10 Y a x x a a V' -3)IV1Hinos 30 Allo' " W W M Q^ n W � tl, �n W $ z = C7 d - z Lit �+ NOSN3H '3 Q— L� Y z �s SY NOSN3H "3 F�1 +q �Y ® Z 0 1------ a Y Z N Q LW x co UZ 0 Q na V z N ' Q a W _ d a x O �Y w = _ cr O Q Y s = 3 a � - - X-------------- cr cc --= r O z� I O w LLJa. = ' cr. a w g Q 0 LL.Y — 0 = U 3 = = za suRr P-ixr i 8 as O o►mt r on-io,kHdOli130�lllo 7A CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-317 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 8, 9, 18, AND 19, SITUATED IN THE R. D. PRICE SURVEY, ABSTRACT NO. 992, AND BEING APPROXIMATELY 63.43 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. �w•► 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 "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 NACOMMUNITY DEVELOPMENRWP-FILES\ORDINANCES\CASES\480-317.DOC Page 1 � A 7 person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed NACOMMUNITY DEVELOPMENT\WP-FILES\ORDINANCES\CASES\480-317.DOC Page 2 iA--O 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: Being Tracts 8, 9, 18, and 19, situated in the R. D. Price Survey, Abstract No. 992, and being approximately 63.43 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-lA" Single F Family Residential District. ,. N:\COMMUNITY DEVELOPMENT\WP-FILES\ORDINANCES\CASES\480-317.DOC Page 3 ?14-41 SECTION 2. S%W 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, NACOMMUNITY DEVELOPMENT\WP-FILES\ORDINANCES\CASES\480-3I7.DOC Page 4 a t `` —6O 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 ordinance or its caption and penalty together with a notice setting out the time and place for a NACOMMUNITY DEVELOPMENT\WP-FILES\ORDINANCES\CASES\480-317.DOC Page 5 -7A -1 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 , 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY NACOMMUNITY DEVELOPMENRWP-FILES\ORDINANCES\CASES\480-3I7.DOC Page 6 ?� -f Z APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: �rw.. N:\COMMUNITY DEVELOPMEN'RWP-FILES\ORDINANCES\CASES\480-317.DOC Page 7 -7A -t3 EXHIBIT "A" BEING all that certain lot,tract,or parcel of land situated in the R.Price Survey Abstract Number 992 in the City of Southlake.Denton County,Texas,being a part of that certain "First Tract"and all of that certain"Second Tract"conveved by deed from Garvis Doyle Gilbert to Mary Veda Gilbert,recorded in Volume 3232.Page 515 and all of that certain tract of land conveyed by deed from June Jones Jr.to Darwin Larue Jones et al recorded in Volume 2426,Page 284,Real Property Records,Denton County,Texas,and being more particularly described as follows: BEGINNING at an iron rod found for corner in the east line of the J.Henry Survey Abstract Number 528 and in the west line of said Price Survey Abstract Number 992, said point being the northwest comer of that certain tract of land conveyed by deed from W.B.Downing to the City of Southlake recorded in Instrument No.0066058,Deed Records,Denton County,Texas; THENCE N 00deg 00' 14"W,677.15 feet with said common Survey line to an iron rod found for corner; THENCE EAST, 1335.15 feet with Bob Jones Road,a public roadway,to an iron rod found for comer; THENCE S 00deg 00' 10"E,677.22 feet to an axle found for corner; THENCE S 89deg 39' 20"E, 1857.31 feet to a fence comer for comer in the west line of White Chapel Road,a public roadway; THENCE S 00deg 24' 20"W,674.18 feet with said west line of said White Chapel Road to a fence comer for comer; THENCE N 89deg 37'44"W,2540.89 feet to an iron rod found for comer,said point being the southeast comer of that certain tract of land conveyed by deed from June Jones to Linnie Johnson,recorded in Volume 373,Page 195,Deed Records,Denton County, Texas: THENCE N 00deg 06'04"E.211.63 feet with the east line of said Johnson tract to a fence comer for comer,said point being the northeast comer of said Johnson tract; THENCE N 89deg 53' 56"W,420.00 feet with the north line of said Johnson tract to an iron rod found for corner in T.W.King Road,a public roadway; THENCE N 25deg 25'34"E,43.12 feet with said T.W.King Road to an iron rod found 'or comer, THENCE N 25deg 25' 35"E,46.92 feet with said T.W.King Road to an iron rod found for comer; THENCE N 23deg 03' 04"E,300.57 feet with said T.W.King Road to an iron rod found for comer; THENCE N 07deg 50'45"E,99.46 feet with said T.W.King Road to an iron rod found for comer in the northeast comer of said W.B.Downing tract; THENCE N 89deg 58'40"W,397.17 feet with the north line of said W.B.Downing tract to the POINT OF BEGINNING and containing 63.43 acres of land,more or less. NACOMMUNITY DEVELOPMENnWP-FILES\ZBA\PENDING\480-3I7.DOC Page 8 -7A- lq City of Southlake, Texas STAFF REPORT December 3, 1999 CASE NO: ZA 99-092 PROJECT: Site Plan—Southlake Marketplace, Phase III STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Southlake Marketplace, Phase 111, on property legally described as Lots 5 and 6, Block 1, Southlake Crossing, Phase II, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2425, Plat Records, Tarrant County, Texas, and being approximately 10.067 acres. PURPOSE: Site Plan approval is required prior to issuance of a building permit. LOCATION: On the south side of West Southlake Boulevard (F.M. 1709) approximately 500' east of Davis Boulevard (F.M. 1938). OWNER: Southlake Joint Venture APPLICANT: Michael F. Twichell, L.P. CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Eight (8) RESPONSES: One (1)response was received from within the 200' notification area: • R.B. Goode, Route ],Box 215H, Canton, TX , in favor, "No objection." (Received November 4, 1999.) A petition,with eighty-six(86)signatures,was received on December 2, 1999, opposed. See attached petition. P&Z ACTION: November 4, 1999; Approved (7-0) subject to Site Plan Review Summary No. 3, dated October 29, 1999, deleting Items #l.c (masonry construction),#2.a(parking spaces), and#3 (bufferyards). STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated December 3, 1999. NACommunity Development\WP-FILES\MEMO\99CASES\99-092SP.doc I� I C, 'Y � December 1, 1999 �1 ��' i. V- ��. �t./uit ' �c MIL 1'4 �� DEC U Southlake City Council Southlake, Texas Ladies and Gentlemen: We the undersigned wish to convey our grave concern with the proposed building of a Hobby Lobby store on the corner of Southlake Boulevard and Davis. This proposed store would create a safety hazard, decrease property values and ultimately destroy the uniqueness of Southlake. This store, if built at the proposed site, would increase traffic in an area, which already has a high volume of use. It would overtax the current infrastructure, lead to greater traffic congestion in an already overcrowded area and increase the potential for more traffic accidents. This store, if built at the proposed site, would be an "eyesore". Its location, so close to residential properties, would have a very negative impact on these properties. No one, but no one wants to live next to 50,000 square foot"trinket"warehouse. This store, if built, would create a large "strip mall"atmosphere on Southlake Boulevard. Most of us moved to Southlake to avoid the large these large, impersonal "strip malls". If this store is built, it will turn Southlake into just one more city filled with "strip malls", just like Plano. We strongly request that the City Council of Southlake,Texas deny the petition that a Hobby Lobby store be built at the corner of Southlake Blvd. and Davis in the interest of safety, the homeowners in the surrounding area, and keeping Southlake a unique community. TO THE SOUTHLAKE CITY COUNCIL We the undersigned are adamantly opposed to the construction of a Hobby Lobby that is zoned under C2 zoning. We would like to see this area zoned for office zoning only. If allowed to continue, this construction will have a very negative impact on our neighborhoods, safety, traffic congestion and quality of life. Nam Address Phone 2.1 � 4. CkX 5.JLLL11G1, 1r1a1�-- �'ft-UAO 7. 5l LI 14 15. �� � tiLC�("(ffL 16. T o tae 2 V l I �(. 17. ' 12 1 �" 18. 19. 20. i `18.3 TO THE SOUTHLAKE CITY COUNCIL We the undersigned are adamantly opposed to the construction of a Hobby Lobby that is zoned under C2 zoning. We would like to see this area zoned for office zoning only. If allowed to continue,this construction will have a very negative impact on our neighborhoods, safety, traffic congestion and quality of life. Name Addr ss Phone 2. 0761 B J-�/ 73 7Cj 7 3')v 7. 11101.�� L,,-� 23 ��«.-t ��n I ham, 4�v•C'L5 c 1 8L oiol �3s Q CcAr" --M"] NO 10.12. � ( T 13. 14. _` , 16. IN 17. -226 U 20.� �CCLC' ea tic, 16A TO THE SOUTHLAKE CITY COUNCIL We the undersigned are adamantly opposed to the construction of a Hobby Lobby that is zoned under C2 zoning. We would like to see this area zoned for office zoning only. If allowed to continue, this construction will have a very negative impact on our neighborhoods, safety, traffic congestion and quality of life. Name A ss Phone K(C T s�l�t- �-r��Z`�i /hLD'J ��� ��'�-tom-.• `f.�?f-�d�`/ 6. 7 �I' Ak o a2aA2r, c 8. p 9. 10: ljrh r,D 12. 1 c C��� ,•zc� �� Vy� 17. 11 E�SS �/�- �/ f, �9.R-�)/t/A 1./'/ l Zl 18. lip,Gt G�� w 42-1--% 3 1 ( 9. 20. Gc i� ,��- !0(2 o�.rr7�r��� 21 - 1 �l f2A 9j lG 1�1Q G� 37 I- 3 3 .z / aq `18 5 TO THE SOUTHLAKE CITY COUNCIL We the undersigned are adamantly opposed to the construction of a Hobby Lobby that is zoned under C2 zoning. We would like to see this area zoned for office zoning only. If allowed to continue, this construction will have a very negative impact on our neighborhoods, safety, traffic congestion and quality of life. Namg Address Phone n i, 7 -3 C CQu 1141 8. 9.� � - 6' /, nl�r/L /90 S /fl, *.QP/2e1691/te S` a .S`3 6 10.E ,� ,, C54-1,lj wess 1 / DMZ 14. l!�! , % Cr' 1 L, ��. k.-. P 15. 16. 17. 18. 19. 20. �18- � TO THE SOUTHLAKE CITY COUNCIL We the undersigned are adamantly opposed to the construction of a Hobby Lobby that is zoned under C2 zoning. We would like to see this area zoned for office zoning only. If allowed to continue,this construction will have a very negative impact on our neighborhoods, safety, traffic congestion and quality of life. Name Address Phone 1. gn c l0 s A t 1 2. 4. 1 15/ - 75;:� 3 `.�. 8.: x i .T- 12. 13. 14. 15. 16. 17. 18. 19. 20. 1d'1 �� � _ ��! - .1: _ ►mini Q - �►�� ,� LL it 1+ swimWar- Him ��/ ■ \�,,, �• ' -'Ails •"del SURVEY ■I ���'YJi No MIR aft r � r � TR 1 A 1 R 1A COML40N PRNATE OPEN SPACE .11 AC jt3 +p SCHLOTZSKY'S i I .���—��� REAL ESTATE INC. 1 1 "C—3", 1 I CITY OF f I E nC-211 \SOUTHLAKE •-0 t I CITY OF L yQ LUDWIG 1 1 rJ�'SOUTHLAKE PARTNERS LTD 1� t f CITY OF 1 f "IC—T "AG" , SOUTHLAKE 5� 86 O VENUS PARTNERS IV LP j j t I R. GOODE i 1 „C-31, I I 1 � 1 1 MCDONALDS t I CORP. f vC-3n 6 � 1 9R 9. 4 1 I ! II t 1 t R2 p ALBERTSON'S INC. It 2 a � 1 AKE LjTjj1j 0 , R ?2 $ SOUTHLAKE WOODS 11R i 1 1 1 R � 1 i , 2.560 0 , "S F-20A" 12R 1 .� uo ► 1 I f 13R "SF-20A" 1 , 1 It f TR 2A1 I 1 3.63 AC SOUTHLAKE WOODS I 1 1 1 14 ► f Y I I I 1 i i .390 AC I t I ADJACENT OWNERS AND ZONING No Text City of Southlake, Texas - SITE PLAN REVIEW SUMMARY Case No.: ZA 99-092 Review No: Four Date of Review: 12/03/99 Project Name: Site Plan—Southlake Marketplace Ph 3, being Lots 5 & 6, Block 1, Southlake Crossing Phase 2, in all being 10.067 acres. APPLICANT: ARCHITECT: Drews Realty Group Michael F. Twichell, L.P. 580 commerce Street, STE 400 3624 Oak Lawn, STE 320 Southlake, TX 76092 Dallas, TX 75219 Phone : (817) 329-1684 Phone : (214) 521-3066 Fax : (817) 416-8418 Attn: John Drews Fax : (214) 599-0583 Attn: Terry Clark CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/15/99 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 EDWARD MCROY AT(817)481-5581,EXT. 880. General Development Standards Applies Comments Corridor Overlay Regulations Yes* See Comment No. 1 Residential Adjacency Yes* See Comments No.4& 5 I Building Articulation Yes See Comment No. 1 Masonry Standards Yes See Comment No. 1 Impervious Coverage No Complies with existing Concept Plan Bufferyards Yes* Complies with existing Concept Plan Interior Landscape Yes* Complies with existing Concept Plan Driveways No Complies with existing Concept Plan * Applies to the extent to which the buildable area of the site is not affected. l. The following changes are needed regarding the elevation drawings: a. Columns must be clad in the same masonry material as the principal structure. Retail Building A and B propose painted metal columns. (Variance Requested) b. Provide horizontal and vertical articulation meeting the requirements of Ordinance 480, Section 43.9.c.l.c. on all building facades. Compliance is indicated on the attached articulation chart. (Variance Requested) City of Southlake, Texas C. Masonry construction meeting the requirements of Ord. 557 and Ord. 480, Section 43.9.c.La is required on all proposed buildings. The applicant has indicated that a concrete tilt wall panel with a"stucco"type finish is proposed on a number of wall sections. (Variance Requested) (P&Z Action, 1114199: Delete.) 2. The following changes are needed regarding parking: a. A total of 486 parking spaces are required. The applicant has requested a upto a 10% reduction in required parking as allowed by Sec 43.9b of the Zoning Ordinance. (Variance Requested) (P&ZAction, 121/4/99: Delete.) b. In the Site Data Summary Chart, correct the provided parking on Lot 5 to 403 spaces, on Lot 6 to 42 Spaces and the cumulative spaces within the site plan to 445 spaces. * The applicant should be aware that required parking has been determined from the uses shown on this plan. Required parking is evaluated with each request for a C.O. for each individual tenant. Any change in tenants from what is shown such as a medical office or restaurant use, may increase the total required number of parking spaces that must be provided within the shopping center. 3. The applicant proposes relocation of the bufferyards located on the interior lots of the development as noted in the bufferyard chart on the plan. (Variance Requested) (P&ZAction, 1114199: Delete.) 4. Screening walls for loading docks must be of sufficient height and design to completely screen the '�• entire dock and loading space from view by the residential properties. The topography of the property to the south of this site may be such that additional wall height may be required to achieve the necessary visual barrier. Provide line of sight drawings and/or other suitable information to confirm that this requirement will be complied with. 5. A minimum 6' wood fence and 8' screening is required along the south property line adjacent to the residential properties. An 8'masonry wall has been constructed by the adjacent residential developer as a requirement of their development. Rather than having two fence structures in this location, staff recommends that a maintenance agreement be made between the two properties. 6. All new lighting must comply with the provision of the lighting Ordinance No. 693-B. P& Z Action, November 4, 1999: Approved(7— 0) subject to Site Plan Review Summary No. 3, dated October 29, 1999, and as noted above. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Street Impact Fees, Water& Sewer Impact and Tap Fees, and related Permit Fees. 16-17 City of Southlake, Texas * Denotes Informational Comment ' att: Articulation Evaluation Chart cc: Drews Realty Group VIA FAX: ABOVE Michael F. Twichell, L.P VIA FAX: ABOVE NXOMMUNITY DEVELOPMENT\WP-FILES\REV\99\99092SP4 SOUTHLAKE MARKETPLACE PH3.DOC i �P� �3 City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-092 Review No: Four Date of Review: 12/03/99 I%W Project Name: Site Plan—Southlake Marketplace Ph 3, being Lots 5 & 6, Block 1, Southlake Crossing Phase 2, in all being 10.067 acres Elevations for Retail B & Hobby Lobby Front-facing: North Wall ht. = 23 Horizontal Vertical articulation articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 69 165 139% Nol 69 61 -12% Yes Min. artic. offset 3 3 0% Yes 3 4 33% Yes Min.artic. length 17 57 235% Yes 10 14 40% Yes Rear-facing South Wall ht.= 28 Horizontal Vertical articulation articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 84 58 -31% Yes 84 58 -31% Yes Min. artic. offset 4 4 0% Yes 4 4 0% Yes Min.artic. length 8 17 113% Yes 8 17 113% Yes Left-facing: East Wall ht. = 28 Horizontal Vertical articulation articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 84 81 -4% Yes 84 81 -4% Yes Min. artic. offset 4 5 25% Yes 4 5 25% Yes Min.artic. length 20 23 15% Yes 20 20 0% Yes 1 City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-092 Review No: Four Date of Review: 12/03/99 O.. Project Name: Site Plan— Southlake Marketplace Ph 3, being Lots 5 & 6, Block 1, Southlake Crossing Phase 2, in all being 10.067 acres Elevations for Retail A Front-facing: West Wall ht.= 23 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 69 79 14% No 69 64 -7% Yes Min.artic.offset 3 14 49% Yesl 3 3 0% Yes Min. artic. length 17 61 259% Yes 11 14 27% Yes Left-facing North Wall ht.= 19 Horizontal articulation Vertical articulation m Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 5% No 57 41 -28% Yes Min. artic. offset 4 33% Yes 3 4 33% Yes Min.artic. length 20 43% Yes 14 20 43% Yes Right-facing: South Wall ht.= 23 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 69 66 -4% Yes 69 24 -65% Yes Min.artic. offset 3 4 33% Yes 3 4 33% Yes Min.artic. length 17 321 88% Yes 6 14 133% Yes Left-facing: East Wall ht.= 23 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 69 69 0% Yes 69 69 0% Yes Min. artic.offset 3 4 33% Yes 3 4 33% Yes Min. artic. length 16 17 6%1 Yes 16 17 6%1 Yes 2 City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-092 Review No: Four Date of Review: 12/03/99 Project Name: Site Plan— Southlake Marketplace Ph 3, being Lots 5 & 6, Block 1, Southlake Crossing Phase 2, in all being 10.067 acres Elevations for Retail C Front-facing: North Wall ht.= 16 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 48 73 52% No 48 28 -42% Yes Min.artic. offset 2 0 49% No 2 3 50% Yes Min. artic. length 12 0 -100% No 7 23 229% Yes Left-facing East Wall ht. = 16 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 48 76 58% No 48 21 -56% Yes Min. artic. offset 2 0 -100% No 2 2 0% Yes Min. artic. length 12 0 -100% No 3 7 133% Yes Right-facing: West Wall ht.= 16 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 48 76 58% No 48 21 -56% Yes Min. artic. offset 2 0 -100% No 2 2 0% Yes Min. artic. length 12 0 -100% No 3 7 133% Yes Rear-facing: South Wall ht.= 16 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 48 41 -15% Yes 48 41 -15% Yes Min. artic. offset 2 3 50% Yes 2 3 50% Yes Min. artic. length 10 16 60% Yes 10 16 60% Yes r� 3 Yak 18 cn C7 CD It A 1 lL 0 � I a i .LPN � s,gQII art rY � 0 �Su ��> � ls�•�J � I. `' 3 W, ' ,I t'4 �❑r117•;�.-4' iJ '�� �`'U Jti. s „�� S "/�`r'\/ \` ; j �� ; c �, I oil 6 .•t{ S � I,Y1 IR V �-# xJ •#F +11� P; -� I i !�� r � � -I�_ �/• a ., � # r,1r r Wi �E •\ c s • .. j f`p t�-i \:\` 3 �i�� � tl `r\���.\�,\� �}'`i{ �' �P� q''iG I O I I •I- re'� !•# h+ � `,.;4' : '� �1,^ c; \� \ � R i� 12 � I 1 Kcaf�Y x. � a • f g ��\'` urn _`� /r ' I•. � ►f#9#r' MY, nj pR i i3 ❑❑ it Wi `\ FI L.e't li a g+i �Jr»n R: iazSy•4gTet ¢f al -1 a 1 ' •� ` { - a � �4�-�i�Y ge!- { x a 34�el 1' �\ ���` •I • i Ij/ � � R I 6L�rt �C#e�.iE 2� x t. r.- 7 a s '�x:d •1 \ �v- tom, V IS '- Iq I I 1 n t 1 E�3� � — 9 -� # � �,� ,—,_ 1=s • � I �sR£t 3 d}#t �q��� I tr pppS g#:�i a •�l t[ #i;i�={4' r i ��'115 @# � E� i a�n=r � � " I I� 1!�•�}i t F j ! 9 .I 6jr..9:@?� t f� i9xe.9:73 � � i d ll��l j•"s�;r�9-,?y I 14 �1 cn T ItJ co , WA 3E I��I�lliE!I 9 NT lip W .�� ; s tr; ,�p� :�t ��� �1�are �� � � � ,-. � =r i li I I l i I �.�---L �+yi;:�iFpr.�'.7r. .�'t'd.5�3..f y I� �—.,� � y. �y I os, LIJ VU gig zi UJ uj Lu t t W 7 LU it �2 cc qLq 2-f- cy') cr) HAP HA cr P, C\l 0 W-W, 7 c O) C" K ► 5 III IRAco a WWI �� IIIII!III I x I I y, a \ L 1 - - i1 x,' o. I N I IB-20 rn CT) u C(\)l Lu i � il.11icj CD e it � 71,7�T,i t J,.; ------- VV 10 CT) M wj lip ll Qz oV C\1 eu 1HW �t W-j w 4 R. Ir 4�jlj it Ji T LLfT F-F tit i I t t4-7-7-7 M h I f al E-) Imi'7mm—u,""q i ., •.ro ',kJIGOB HO I SVX31 'AIWOO 1NVtltltll '3Xtl:H1nDS d0 A110 1 'HDoAr�I1SN0O i�RQ1Z�ic�+�fanfI � T, b N0�10N NVId 3J�dNiVFJU UNV JNlUVdJ tll 39YHd '30Yldl3�!!YW 3�YlHifIOS __ �� .• �E3WNI�IIl3F�d DNISSOHJ 3N".L 10S 'l )lB '9 ! S S101 s„z7eo --- a) �a �.) � s;p7 r IC` CD • � *^. �I� .A Z�-s-4 'spa i / P I, i `' n� h �J �c a '• I 'Yaw• \f -_ 1K1_I I L�l--._+—1'�t- L 1? 1 ,�' r 1 ,r F a A i .I r • I i sPib 7OA-18 3-AY1HinOS •M ✓,Z3 City of Southlake, Texas STAFF REPORT December 3, 1999 CASE NO: ZA 99-102 PROJECT: Resolution No. 99-79 / Specific Use Permit/ Sale of alcoholic beverages for on-premise consumption /Blue Bamboo Chinese Bistro STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Specific Use Permit for the sale of alcoholic beverages for on-premise consumption per Zoning Ordinance No. 480, Section 45.1 (1) on property legally described as Lot 2, Block 1, 1709 Southlake Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3231, Plat Records, Tarrant County, Texas, and being approximately 1.8685 acres. LOCATION: 480 W. Southlake Boulevard, Suite 101, being on the north side of West Southlake Boulevard approximately 400' east of Shady Oaks Drive. OWNER: 1709 Southlake Oaks, Ltd. APPLICANT: Uni-Foods, Inc. CURRENT ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Six(6) RESPONSES: None P&Z ACTION: November 4, 1999; Approved(4-3)placing a time limit of seven years from the date of issuance of the Certificate of Occupancy. STAFF COMMENTS: Due to the limited scope of this request and the fact that no changes have been made to the previously approved site plan, no new review letter was generated. Attached is a site plan exhibit showing the location of the proposed request is attached. NACommunity Development\WP-FILES\MEMO\99CASES\99-102SU.doc :1. 11 11�1■� �• _ InIMP % -1. 721 AC TR � 1 Y !�- K '4. ■fiiri� 1. ■ _ �� riii� "-.� ■►� ems► r� ������- p�!„ � t. .. j 0 >s TR 3C1 TR 3D1A 5 _ 10.80 AC 5 11.14 .30 B p 6,o no CITY OF SOUTH LAKE CITY OF SOUTHLAKE TR 38 "AG" "AG��r. 2.980 AC NO 314 1709 SOUTHLAKELL Y -TALL 0!5 A. PARDU1103 v TR 38 i OAKS LTD_ 2 �g2 �2.98 AC1 685U0 J T-2n I 8 3zo — � ------------- --------------------------------------------------------------------------------------------- 713 TR 2C1tq'10' STATE OF TEXAS STATE OF TEXAS167TR.3C219pDBERgY - DANA'S STUDIO REUpDD .548 Ac s 20 561 LAKE CTA-REST OF DANCE TR 3A1 HOMEOWNER'S .25 ASSOC- a a 21 a 6R ( .889 cn 2 I IW Is "d 136 ,e3 z 22 1 "SF-20A" 2R _ 459 ® 3 �Q7 i36 ' TR 2C 1 R R. REUTLINGER O Z3 2.96 AC O 8 .489 177 21 Gam` 4 2 sw / .� 24 ( „� 5 ,6. 20 a 25 iM 26 ADJACENT OWNERS 159 18 AND ZONING _ ' S CT = 27 �h / ,60 t M 1r / 17 L. .-- osj_,qd- s-yuo C) R-Nudo[PA Oa[!V1 0 9 polluYU00 v _7 14 9 CY) U; Z 71 z A �o lilt; Ell l . Cj b 09F a 0 F "D.I g I`1"ma o i b Gow------ -- ... , a ............ >1M -,o t-- ............ ......... . ...... .�6� .I ------o $ ---- 4;.i�>S `Z, r �• �`._C,1. 4 rl Im z fig CL LU r LU 0 CL CL Na 25 +gyp —d, I�' I � I (� � W; > v 411D) cn z oo. D 0 LLI CL mz� I'd -08 4D' r "AA 0 I C, > Hw b, R tut.._----Fir b M VQZ -7 Resolution No.99-79 Page 1 RESOLUTION NO. 99-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 2, BLOCK 1, 1709 SOUTHLAKE OAKS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 3231,PLAT RECORDS,TARRANT COUNTY,TEXAS, AND BEING APPROXIMATELY 1.8685 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for the sale of alcoholic beverages for on-premise consumption has been requested by a person or corporation having a proprietary interest in the property zoned as "C-2" Local Retail Commercial District; and, WHEREAS, in accordance with the requirements of Sections451 (1) and 45.6 of the City's Comprehensive Zoning Ordinance,the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety,morals and general welfare of the City. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1. 1%01 A Specific Use Permit is hereby granted for the sale of alcoholic beverages for on-premise -7C-2�_ Resolution No.99-79 Page 2 consumption on the property being legally described as Lot 2, Block '1, 1709 Southlake Oaks Addition,an addition to the City of Southlake,Tarrant County,Texas, according to the plat recorded in Cabinet A, Slide 3231, Plat Records, Tarrant County, Texas, and being approximately 1.8685 acres,more fully and completely described in Exhibit"A", and as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions, if any, shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1999. CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary NACOMMUNITY DEVELOPMENT\WP-FILES\RES-ORD\99- 79ALC.DOC -7 C-/_ Resolution No.99-79 Page 3 APPROVED AS TO FORM: City Attorney City of Southlake, Texas NACOMMUNITY DEVELOPMENIIWP-FILES\RES-ORD\99- 79ALC.DOC ^c, Resolution No.99-79 Page 4 EXHIBIT "A" Lot 2, Block 1, 1709 Southlake Oaks Addition, an addition to the City of Southlake,Tarrant County, Texas,according to the plat recorded in Cabinet A, Slide 3231,Plat Records,Tarrant County,Texas, and being approximately 1.8685 acres NACOMMUNITY DEVELOPMENT\WP-FILES\RES-ORD\99-79ALC.DOC Resolution No.99-79 Page 5 EXHIBIT"B" gsl,,qd s_yUOq4qqjnOS Y'.1 1! I � I = IIQI -.i 111.31fidopAaa im-19 PotfuguOJ v 9&? 7 Q, ...... 19 OR �4 !'w xi go .......... s LLJ cc: ou 0 > J.: jbq 4WD 1!n; NACOMMUNITY DEVELOPMENnWP-FILES\RES-ORD\99-79ALC.DOC 7C-C? City of Southlake, Texas STAFF REPORT December 3, 1999 CASE NO: ZA 99-094 PROJECT: Revised Concept Plan—Durham Elementary School STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Revised Concept Plan for Durham Elementary School, being legally described as Lot 1, Block 1, Carroll I.S.D. No. 1 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2555, Plat Records, Tarrant County, Texas, and being approximately 30.475 acres. PURPOSE: Concept Plan approval is required prior to issuance of a building permit. LOCATION: On the east side of Shady Oaks Drive approximately 840' south of West Highland Street. OWNER/APPLICANT: Carroll Independent School District CURRENT ZONING: "CS" Community Service District LAND USE CATEGORY: Public/Semi-Public NO. NOTICES SENT: Fourteen(14) RESPONSES: None P&Z ACTION: November 18, 1999; Approved (6-0-1) subject to Concept Plan Review Summary No. 2, dated November 12, 1999, requiring the applicant to determine what would be required of them to come into compliance with the new Lighting Ordinance before they go to City Council, and if they cannot come into compliance, be prepared to state the reasons why they cannot come into compliance and what steps they can take to try to alleviate the citizens' concerns. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated November 12, 1999. NACOMMUNITY DEVELOPMENT\WP-FILES\MEMO\99CASES\99-094CP.DOC � D, � A�72—� S�IRVEY A-1620 �. _. I 1 u\1 \\ 0Ac ;CHiVF S TR 2w TR w —� .4c SURVEY 44—300 TR 29 r- -- TR X TR U4 TR 3AI -- r 1R� TIR 545 IC aB SO AC TR W 10-T Ac I Q TR 6FIR %X AC TR X TR 2J V 1e r 102 Ac ' TR 2H TR 61 - t 8Ic TR 2F TR TR T TR 3 TR 81 sm AC IJR 96 Ac TR Qa TR 311 TR n TR 2A � I TR 8C TR U TR a•3. TR a I � �� is TR BDTR ( "I Ac TR TR AF� � 1625 AC TR 8M lip L n� m ' i C I TR BABA 'sU AC p I TR 8A 'J I TR W TR 12 A4 AC a B?Ac R,ac � 1 I 'm 165 Ac + N Ac J Y2 l TR 11 TR llF TR IlC2 I6N;5 AC TR 4 5RO All I L a UD TR 10 1 1 AC I fl466 p i i 77 1 J \ 1 1 TR 9F I LEE th lit ic I , I -- -- t 142 Ac IL TR r � 95 Ac ti \` TR aA I 'R ZC 50 1C "0 ' TR 1 TR 2B am A 1 100 AC I 2A729 TR 2A1 2Pfi Ac L__ -- -- 1i tR 31u I 54TVE'( —�i36 I TR 3ou TB 1(2 n r TR 3A i TR A:1 6A AC c 1 1 ION AC TR 3AC SM AC ``;�� TR 3B4 1L Ae I TR 1B I 75 Ac I TR 31 ��' TR �.---��� 99 dC TR Ka- I 193 fl } 5.72 hr. TR X TR 3DA 1 TR 3190 , TR 11 --T T— TR 2 - -- -yiT T�3C TR 1, I 'm` 1 D At ��SF .—as�o + TRACT MAP -- t�;jc TR TR5F 1TR9i`� u 95 AC 591C TR au, TR NIETH C}ST phi AC TR 3112 A Q TR 29 r— TR 3K .��.` TR 29 ' 2A2 '� + 4.712yA' fD TR Y aC ! Z.U3ti L 4. ii � j (4.- 5 J. CLOW = 1.5 A s I B ` . R. BREDENBERG J. KEENE R_ WILLIAMSON YETMAN no "AG" R. HAMILTON "SF-1 A = "SF-1 A" "SF-1 A" "SF-1 A" a "AG" z B. RUNYAN a "AG": :w J_CLOW "AG" Ng-go Is A� r ' 1 CARROLL ISD 1 N J. CLOW Is� F "NR-PUD" -AG" CA g "s � I Npp 0 E SCR P ,06 29.4 O co A o E NSON .5 ACERER "AG" .r S H.SCHERER A S.SKELTON M.SANDLIN 1 W. ROBINSON $ 'AG" S 1 .�a ® c "AG" I1`' C.AUSTIN .71 "AG" ADJACENT OWNERS x g TR AND ZONING t4.248 0 QpQ*pjo 10 amr usopwAv ioqulou ,� i 3MYIi11f1U8 d0 All'J L slooliyoxape;sowl smog (s;sen 187f1b3tl 80 tlOd Ntl'id 1d3ONOo I 'il, a. 'I IS t l ._J. - — I' '• ei Vid.;1 ' 3 :Ij e' 3, • '1 s = i�tt I \ I 1 i I ►r ► �- S > y.+ !it t�'i I!li 1�!!el'I�rri it ,. i�,i•.+.> �3 I!{'1!j ii`_ M Dgo 00.00.6 S '940Z'9001 ►9 Li k LU o'aJ, LLJ ail �i � i �� �•,.___ _� � �:. r' �� ���I ` _.__ � _ si., �� I Spa '�� il�P 1CL9jy i• ���) 1..1.. III••'-� � - \•a � LL � \ \f •f�� �5��6 �}� I i..a. I Ilk I I �'" I I \ '""�J L_ y ,•i 1�, sly �:3; LLJ A�►f3Dtl3"� � f I _: p �( i �• � 1'630J 1 g { � u '( ONOs i;i u' •\\ I X ks<�z� :1f E9R. st 0 I I r 1 `'� Y i6 •,I�,n�-`j;±!• 3 S I !y <a 3yyyl as ; lid I lrr 'I � � � �I G. '� F+~'' -`\ \i gy '•` B�1 � A '� 9F �t , all g"" �' J►•S96 14t<i44n o3 _9f.N.6i 5 r10V_�;_lacq ��: � Fp�,r1 TOTAL PP0GFPr1 T^ 4289ti70 P.02 November 12, 1999 City of South;ake 1721 E. Scuthlake Blvd. Southtake, TX. 76092 RE: Case no.ZA 99-094- Revised Concept Plan—Carroll f.S.D., No. 1 Addition to Durham Elementary - Concept Review Summary No. Two Community Development Item 1.a. Previous requirements for 6'wood fence and 6 canopy trees along the ncrth and Total Program south property lines at west end of site will be shown on concept plan. Management, Inc. Item 1.b. Bufferyard and Interior landscape charts will be corrected on concept plan to SW W.Airport Frwy_ reflect city comment as shown on Landscape Summary Charts Review dated 11112/99. suite 191 Hurst.TX 76054 Item 1.c. Six-foot high wood screening fence as,previously constructed will remain to meet (8171427-7500 screening requirements_ In addition an eight-foci high wood screening fence will be fax(817)4V 470 constructed to screen remaining property line as required by Zoning Ordinance 39.4.b. www.total-pm.com ' Item 2. Parking space count after completion of proposed improvements will be:four van accessible spaces, five standard accessible spaces, and 290 regular parking spaces, for a total of 299 spaces provided. . j VJDaniels, IA, CSI, CCCA Project Manager - Austin.TX REC'Q N 0 V 2 21999 Fort worth.TX Houston,TX TOTAL F.02 �D-� City of Southlake, Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 99-094 Review No: Two Date of Review: 11/12/99 Project Name: Revised Concept Plan—Carroll I.S.D.No. I Addition, Durham Elementary School APPLICANT: ENGINEER: Carroll Independent School District Cheatham & Assoicates 3051 Dove Road 1601 E. Lamar Blvd. Suite 200 Grapevine, TX 76051 Arlington, TX 76011 Phone: (817) 416-1420, Ext. 110 Phone: (817) 548-0696 Fax: (817) 251-6622 Attn: John Craft Fax: (817) 265-8532 Attn: Gordon Johns CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/02/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT862. General Development Standards Applies Comments Corridor Overlay Regulations N None Residential Adjacency N The new construction is greater than 400' from existing residential properties. Building Articulation N The new construction is greater than 400' from existing residential properties. Masonry Standards Y Complies Impervious Coverage Y Complies Landscaping Y See Comment No. 1 ! Driveways N Driveways are as approved on previous plan.No new parking stalls are proposed. * This review is isolated to the proposed 6,522 square feet building addition. No other changes are proposed. Any previously approved conditions still apply to the property. 1. The following changes are needed regarding landscaping/screening: a. Show the landscaping as approved on the previous Concept Plan, including: 6 Canopy trees and 6' x 200 linear feet of wood fencing in the southwest and northwest corners of the property. The fencing is existing and should be noted on the plan. The trees do not appear to be existing. The following note was on the previous plan: "Carroll Independent School District requests that all bufferyard (City Ordinance No 480-M.) and interior landscaping (City Ordinance No. 544)requirements be modified as shown on Concept Plan. The school district would provide an adequate amount of landscaping to soften the appearance of the building and site. It is the district's desire to provide a professionally landscaped environment for the .• children." 1-7Dr( City of Southlake, Texas b. Correct the bufferyard and interior landscape chart on the plan according to the attached bufferyard and interior landscaping charts. Show areas intended for interior landscape. .. C. Provide screening as required by the Zoning Ordinance No. 480, Section 39.4.b — Where a non-residential use abuts a residential lot or dwelling,a screening device shall be erected along the side an rear property liens abutting said residential lot or dwelling to a height of 8 feet. Screening shall mean a fence,wall,dense evergreen hedge or other device which is sold,made or of durable material, and without holes, penetrations, or other openings other than those required for passage, and which is designed to prevent persons from seeing through. * New construction greater than 5,000 square feet shall require compliance with current bufferyard and interior landscape requirements,Landscape Ordinance No. 544-A,as it applies to the entire square footage of the existing building and proposed addition.No revision to the previously approved parking lot landscaping is required, as there is no expansion or reconfiguration of paved areas. The previous plan requesting a waiver of the required parking landscape at the main parking lot, along the frontage of the school. 2. Verify the number of parking spaces provided. It appears there are approximately 298 parking spaces on the site. P& Z Action, November 18, 1999:Approved(7—0) subject to Concept Plan Review Summary No. 2, dated November 12, 1999, requiring the applicant to determine what would be required of them to come into compliance with the new Lighting Ordinance before they go to City Council, and if they cannot come into compliance, be prepared to state the reasons why they cannot come into compliance and what steps they can take to try to alleviate the citizens'concerns. * 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 site plan must be approved by the Planning and Zoning Commission and City Council, and a fully corrected site plan submitted to the Building Department along with landscape plan, irrigation plan, building plans, and all required fees. Required fees may include but not be limited to the following fees: Park Fee, Impact Fees,Tap Fees, and related Permit Fees. * This review is based on the "CS" Zoning District Regulations. * Denotes Informational Comment cc: John Craft, Carroll I.S.D. VIA FAX: ABOVE Gordon Johns, Cheatham & Associates VIA FAX: ABOVE Mark J. Daniels, Total Program Management VIA FAX: (817) 488-9708 WCOMMUNITY DEVELOPMENnWP-FILES\REV\99\99094RCP2 DURHAM ELEMENTARY.DOC D-7 City of Southlake, Texas LANDSCAPE SUMMARY CHARTS REVIEW Case No.: ZA 99-094 Review No: Two Date of Review: 11/12/99 Project Name: Revised Concept Plan—Carroll I.S.D.No. 1 Addition, Durham Elementary School APPLICANT: ENGINEER: Carroll Independent School District Cheatham& Assoicates 3051 Dove Road 1601 E. Lamar Blvd. Suite 200 Grapevine, TX 76051 Arlington, TX 76011 Phone: (817) 416-1420, Ext. 110 Phone: (817) 548-0696 Fax: (817) 251-6622 Attn: John Craft Fax: (817) 265-8532 Attn: Gordon Johns SUMMARY CHART - BUFFERYARDS Canopy Accent Fence/Screening Height& Trees Trees Location Length Width-Type Shrubs Material 6 canopy trees&200 linear foot,6' high wood fence ' Required 955 10'-C 29 38 115 Screening per Zoning Ordinance [North No.480, Section 39.4 6 canopy trees&200 linear foot,6' high wood fence ' Provided 955 10,-C 29 38 115 Screening per Zoning Ordinance No.480, Section 39.4 East None Required 6 canopy trees&200 linear foot,6' high wood fence ' Required 976 10'-B 20 29 98 Screening per Zoning Ordinance South No.480, Section 39.4 6 canopy trees&200 linear foot,6' high wood fence ' Provided 976 10'-B 20 29 98 Screening per Zoning Ordinance No.480, Section 39.4 West None Required 1. This fence and 6 canopy trees were a condition of the previously approved Concept Plan,ZA 94—68. 2. Credits shall only be granted if the tree(s)are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined by the Landscape Administrator at the time of inspection for a Permanent Certificate of Occupancy.Credits will be evaluated with the Landscape Plan application. 1D- $ City of Southlake, Texas KProvided41,550 HART — INTERIOR LANDSCAPE Canopy cape % of area in Accent Ground Cover Seasonal Trees Shrubs Sq. ft.) Front or Side Trees (Sq. ft.) Color ,550 75% 83 166 1039 6,233 831 550 75% 83 166 1039 6,233 831 1 Dr City of Southlake, Texas Case No. 99-094 Review No. One Dated: 09—22 - 99 Number of Pages: 1 Project Name: Carroll I S D No 1 (Concept Plan) Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 09 — 13 — 98. Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. LANDSCAPE COMMENTS: 1. New construction greater in size than 30% of the existing building or greater than 5,000 square feet shall require compliance with the Landscape Ordinance as it applies to the entire square footage of the existing building and proposed addition. Therefor the applicant is required to provide at least the minimum amount of plant material required for the interior landscape area of the entire building. 2. New construction which increases the square footage of the existing building by 30% or greater or which exceeds 5,000 square feet shall be required to meet the bufferyard requirements as it applies �,,.. to the entire property. 3. To date the school district has not planted the required interior landscape or the bufferyards that are required for the existing building. BUILDING INSPECTIONS �p-10 t 61 - C p z ��\�... ----- ------ -- V _ -9�--9..-P—�—P—a O y I I I I ' (�T17MTlrrrtr � t 111.111111 tit ffI f .I 3 I 17. Lao 1 it ' _ I I •�� 16- 1� I. 8• I �r � �9g6"ea xCr-g �' _"_ .� �_ - .• i s � rid 'F >�•'u Eyt o3Ylro r 3 Y . ��I 1 nYII I A �, n ( � r S I�i,•' gl� • •�E � X .l � � I - "m W."41 no,it ,,, � f �(>�{N�IttIHI!HI��QHINitfM'H ' je � I• � Q(�,�Y I���. �,€ t a "Yvnis w1YlY o1,fpl•1 �•.I. -r ---- -:��i# sl I N- 5 3 i��i E p r City of Southlake, Texas STAFF REPORT December 3, 1999 CASE NO: ZA 99-104 PROJECT: Revised Concept Plan—Florence Elementary School STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Revised Concept Plan for Florence Elementary School, being legally described as Tracts 1F and 1G situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 14.25 acres. PURPOSE: A revised concept plan is required prior to issuance of a building permit for the proposed shade structure. LOCATION: On the southeast corner of the intersection of Johnson Road and Harrell Drive. OWNER: Keller Independent School District APPLICANT: Shade Structures CURRENT ZONING: ,CS" Community Service District LAND USE CATEGORY: Public/Semi-Public NO. NOTICES SENT: Fifteen(15) RESPONSES: One (1)response was received from within the 200' notification area: • K Wayne Lee, DDFW Triangle Properties, 3220 West Southlake Boulevard Ste C, Southlake, TX, in favor. (Received November 15, 1999.) P&Z ACTION: November 18, 1999; Approved(7-0) subject to Concept Plan Review Summary No. 3, dated November 12, 1999. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated November 12, 1999. NACOMMUNITY DEVELOPMENT\WP-FILES\MEMO\99CASES\99-104CP.DOC I i i i �\`��`�•J IR.9S T8.9 Tul ��+ � T498 1(119 Ac TR�A 9 Min ► 1R9B1 TRIE w � e TQ371 fY3B1 RE R Ir- TRH � � T$� _ 7�3 Ac �Q. TR6 TEW TS7 Tl26A LU At � 6 45 do mml am ME s � i „ 91 Ac 141B TU �\� �\� TR la Ale �" fFim TRIO TR TR2D E no U46 AC 0 Ac �\\�� S'LRVE TR 2M 4S ' \\ 92 Ac TR Zfll ' 55 Ac TRII ' TR 2A1 ; TR 265 CI MARROR NCR— Lq5W`c >LI k CC l SA ' TB ID f TR 46 T& TR TR 50 TR Ic f M41 122 AC t k T" a TR , TR lk TRAG TUFTR 50 TR IA3 lA r T9?b? uz al Ac 95 Ac 5 Ac i329 Ac V k 75 93 TR 6E TR 6 TR sm ` TR 4A TR 4B TR 4C TB Q TZ O4 T4 6c Ac TR MC i TY 92 TR KH I_ TR 4AL9 i97 k t TR 6F TR IBI I TR I I ac Ic z i I =tY a —� TH SA v I � 2T Ac TR TRACT MAP ' TI4 7-4 AC -7 �� .30 Ac 'f " 1�nS w �� 41 c ' sF-2oB F_2oB j: 43 ♦2 161 TR.4G I M. C. WILSON - BRIST02L GLEN .5154 O 2 J. RYAN I THOMPSON Ll 114 fU • 4R T .4K M R. 2 30 BRASELTON R. ZEDICHER EDMONDSON R. SMITH s 44 45 J. OGLES „AG,. */��7���(�7�� �j� 1N 11 �i N-A-YI'�3'411-�1-R D- - - - - - - A ,,. DDFW 57 N 1 TRIANGLE s J PROPERTIES OLDHAM 3 „AG""SF- 5 0 7 30" TR.1 1.37 Ac 11♦ ui Y T .1 F i R.1 CITY OF SOUTHLAKE DDFW TRIANGLE F— PROPERTIES O 2 c� "S F-1 A" ° } TR.1E 1B181 U 97 A 2 Ac .1B1B2 1 Ac -R.1�1 TR c — tE1 .44 . 181C 2 Ac rT R 1B1A ( / 1E1 Ac .37 57 HOUSEHOLD A. WILSON — —� FINANCE CORP 2 3 4 J. BRUMBALOW "AG" — - R. CASTLEBERRY �� \ E SF-1 A„ e ADJACENT OWNERS �.A� 50RvEY 2 18 3 I 4 la I AND ZONINGI A' � a Z Ca 00 oz G z e ag( 8@ � y a R t e5 if O W U wSur III- INZ CL a xe$ ' fit �au e$g saga g "a � c $S€g $it 8$f b awa' l6es �c o aiai� CL s € 9# W Z 0 LU 1g$.g ig ;ale "• l$ 1, I O cc CL IL g 3 �q� tyse big-, � Q R Ae iYA , O W Q : i EL 7VH1�e J 7 3 tl3g--'-1 ��a Y �•gv�j.yb k rig j5 11e® ®®® f wnos ® < e 8 ooaa ale, eat ® Ida gg d M 2� ` I `�.....N,.00.00.W6- .' ' � � �� ; .��. ! A 7� � ��.•4b g��,� �� �s �R.sry 'j� • � �.� }��,,`�' y���, {� -'-- � -i � Vie• � 3MHa n3wuvH (3r$ a gs s 4 f 'fILLN3(163tl lYLLM31A3tl A15 YZU�03NOZ I I � A15N30 mwz Ng < 'JV Q?NUZ f� I i tk0 W5�1'.d'o05E1'M A'Jlfd 2Z f�pZ-KS'M n - i j,lii� ��- — ——.—NOLLgO.3irvl iASW3d —� I m 1 �•�y� ----- — 966; SV:BV'Si pL ddv uoW Ctd7:,NUJ\10?-?2Qi\:g City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-104 Review No: Three Date of Review: 11/12/99 Project Name: Revised Concept Plan - Florence Elementary School APPLICANT: OWNER : Shade Structures Florence Elementary School 1801-C Industrial Blvd. 3095 Johnson Rd. Colleyville, TX 76034 Southlake, TX 76092 Phone : (817)421-2819 Phone : (817) 337-3600 Fax : (817) 421-1000 Attn: Leslie Siemek Fax (817) 337-3607 Attn: Suzanne Pettit CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/15/99 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 EDWARD MCROY AT(817)481-5581,EXT. 880. General Development Standards Applies Comments Corridor Overlay Regulations N N/A Residential Adjacency N N/A Building Articulation N N/A Masonry Standards N N/A Impervious Coverage Y Complies Bufferyards Y Complies with previous Concept Plan Interior Landscape Y Complies with previous Concept Plan Driveways Y Complies with previous Concept Plan 9 P & Z Action, November 18, 1999:Approved(7—0) subject to Concept Plan Review Summary No. 3, dated November 12, 1999. * This review is limited to the area and impacts of the proposed structure This site is subject to all conditions of the previously approved Concept Plan, Case ZA98-028. * The applicant has met the requirements of previous reviews. * The approved plat showing for this property must be filed in the County Plat Records prior to issuance of a building permit. * Denotes Informational Comment att: cc: Leslie Siemek, Shade Structures VIA FAX: ABOVE Suzanne Pettit, Florence Elementary School VIA FAX: ABOVE -1 E'S i : Z u✓GGJJ FFFF O! ocw o 3 U w t h � P. w 9 9 0 ul �a E y0,s $& $ EXA $6 of a fig : 111E y _ d IYACH., r A'' sr ® A%R41 Hwroa IE �- .QlX]li�9 � ♦ d � g"' � � Y I g tl [ E y 3APJa 'n3vuvH eY3 t g3n -_j!Ul14iYCll�� i o$R < I i3 F� <oi v11`5 (low '' C T/YIDdS3tl TILLN3063tl OA16NOK Q31gZ I I J —A16N70OV a3 p V ZEv -- - -- - 8661 96:8h:5[ U Udp UON S1d3JN0j\IO2-220(\'9 �.;�a, s-..=::tee-ir s,:ir.�-"s•�.::vw.is:`r�o.. ns. Y�, L6'Yruc vc• s, T SS NDIIIIHIS 3Q11HS ; �,soa r` o.r,® 0t -1300W ! i_ 1 ! z Rm � o W �a_Ze �«i Y� �iy� �.<-. � �7n�� y�.;�f' �=..�d' l`e�'�' �-:I;,h�SR�= = !ai_.'i 1..i�w�• 1 e l g h1«�l i�Y i�f�I �Ie_ I�\.. i':I� I� '� '.. -., � ',� « in.:. Fit— us t F ! ! !I 4e 1! ! ! S ! $ Oli i •O11'6ii�'O�Mi ri b�YI3S itYjsY f a Is�' I- Oie O A'O IN�i'i^IN 11 OZ TA i ! 0 1 n W w.��.d. Ir -jr Y =_ }; : - I`� ��♦t` O -► N rj Z i C NMCV O.i —_ W n 0 6 -------------- O f / { w I z 1 ; s g ay MM 0Di7�b.f i Z i � W 7awv,O.G 7nl..LY.i 1i.1 4.. 1 W �� �'• 1 � :' �'• •°,:. Rip � a 4 y �S �• .• rt��'tii•!•-L-'.i..i��—p .,w2+eG.�_.,4=P' I�� 1i T`�.���,- Jeri - ; i. .'fir y •� � - �� - -.::; iR. t4t t -a.yi.•�`�iq:•- iCy� - �Li �.!w•._ '°L..''t 3 elf w i i __ ly"m If, � Len � �• .I �` �K" ��„+e emu+ —"® � _�. -', !��. i •i -y �, � V _ 1 Everyone who enjoys.the outdoors needs our,sun-safe i structures. Protect people in... ■ CITY PARKS ■ SCHOOLS AND PRE-SCHOOLS ■ CHILD CARE CENTERS ■ PLAYGROUNDS j 'OUTDOOR'EATING AREAS CONCESSION STANDS +'' ■ OUTDOOR EVENTS ■ SWIMMING POOLS ... and at home. TU.It .:tiifT`1AA A T C C-11N 'PDATFC_ SHADE FABRIC Our shade fabric is made of UV Stabilized polyethlene knitted with a monofilament and tape yarn filler. Conforms to U.B.C., BOCA, SBCCI Burst strength: 48.25 Lbs. Per square foot UV Protection: 78%-94% depending on color UV Stabilization: 4% Ciba-Geigy Tinifin 622 Wind Resistance: 81.23% Cot Out Shade: 45%-95% depending on color Pillar Stitch: 205 Nm tensile strength Welf Stitch: 440 Nm tension strength Tape Filament: 56 micron Monofilament: 400 denier Fire Resistance Rating: FSI 10 SDI 30 COLORS The following fabric colors are available- Yellow/Black Stripe Yellow/Blue Stripe Brown/Beige Stripe Black/Silver Stripe Blue/White Stripe Red/Black Stripe Green/White Stripe Green/Blue Stripe Red/White Stripe Two Tone Blue Laguna Blue Desert Sand Terra Cotta Rain Forest Pacific Blue Royal Blue Turquoise Na Blue � `�ofenc�� lr, Burgundy Orange Acacia Black Yellow Silver Pink White -71� — I SHADIE 18001 Sky Park Circle, Suite E, Irvine, CA 92614 Ph 949-250-9551 Fax 949-250-9534 PRODUCT SPECIFICATIONS Steel All steel is ASTM —A 500 (Grade A — 1008 and 1010 Carbon Steel; Grade B- 1010 through 1022 Carbon Steel / 15 gauge and heavier) or ASTM — A 513. The product is Allied Gatorshield tubing and is galvanized. All steelwork is constructed in accordance with AISC specifications. Erection Bolts All erection bolts are made of stainless steel A 307. Powdercoating All structural steel is powderscoated with a double coat based on polyester TGIC, a minimum of 4 mils of thick, and cured at 400 degrees fahrenheit. Shade Fabric Our shade fabric is made of UV Stabilized polyethylene knitted with a monofilament and tape yarn filler. Conforms to U.B.C.,BOCA,SBCCI Burst strength: 48.25 lb. Per square foot UV Protection: 78% - 94% depending on color UV Stabilization: 4% Ciba-Geigy Tinufn 622 Wind Resistance: 81.23% Cut Out Shade: 45% -95% depending on color Pillar Stitch: 205 Nm tensile strength Weft Stitch: 440 Nm tensile strength Tape Filament: 56 micron Monofilament: 400 denier Fire Resistant Rating: FSI 10 SDI 30 ASTM E84-91A Fire protection test were performed and certified by the Southwest Research Institute in San Antonio, Texas. Our Shade fabric is regarded as the industry leader in quality and functionality worldwide and has been proven in extremely harsh climate conditions in the Australian and Southern Africa desert areas. -76 - M Tensioning Cable This is 1/4" diameter with a tensile of 9,000 pounds. Live Loads These are developed to meet customer and local building code requirements, standard specifications include: Uplift 25 psf Roofs 16 psf Wind Load 20 psf Concrete All concrete work is done in strict compliance with the American Concrete Institute Building Code 318-89. Specific specifications detailed below are standard: 3000 PSI @ 28 days Slump of 3" - 5" Concrete anchors are ICBO approved for 2000 psi concrete based on AC 58 with 1) an allowance tensile load of 5,870 Ibs on steel strength A 307) an allowance shear load based on steel strength of 2,940 pounds. PROJECT MANAGER Shade Structures offers a comprehensive, top quality, on site project management team for the duration of the installation process to ensure that our final delivery meets our customer's expectations. This includes the management of a principal of the Company as weil as planning and field supervision provided by one of our operations managers. The process involves meticulous planning and coordination with our customers and installation crews, as well as permanent on site supervision to guarantee the quality we have promised. Installation crews are hand selected, well trained and professional. In addition, we are able to provide on the job training for those customers who wish to provide their own work crews. We do, however, seriously urge all customers with the large or custom orders to make use of our project management expertise as this service has proven to be invaluable. POST INSTALLATION SUPPORT Shade Structures provides all our customers a detailed maintenance program to assist our customers in optimizing the life and functionality of their purchase. While the product is maintenance free relative to the alternatives on the market It is nevertheless important to look after it as needed just like any other asset. We also maintain close contact with our customers via newsletters and periodic telephone calls in order to ensure that they continue to enjoy the full potential of our product line. This provides us with an opportunity to update them on new developments in the Shade Structure business in addition to maintaining our relationship which is usually a close one at this stage. COMPREHENSIVE WARRANTY Shade Structures guarantees its shade structures, when used in its designated capacity, for a period of five years from original installation against: - the steel frame corroding or deteriorating under normal conditions - the steel frame from deteriorating from faulty workmanship - inappropriate design of supporting structure - excessive loss of color of the fabric under normal exposure conditions, including sunlight sunlight, rot and normal atmospheric chemicals which may render it unserviceable. - any tearing or blow outs due to wind caused by improper installation or design. Under extreme wind conditions that exceed our design capacity, it is advisable to remove the shade fabric from the structure. The warranty does not cover acts of God, vandalism, neglect or improper use, but does hold true for damage caused to shade fabric under normal conditions. Design of structure does not include snow loads. In the unlikely event of the shade fabric during the five year period from date of installation, Shade Structures will supply the original owner of the fabric, a new fabric free of charge. We are subscribers to the belief that business is done between people who have common goals and objectives and that relationships, quality and service are invaluable commodities that are too often overlooked. At Shade Structures our business starts and ends with the customer and all our efforts are directed at guaranteeing customer satisfaction before, during and after the sale and installation are complete. You are invited to verify this by calling any of our customers. Thank you for your consideration. ( 2- City of Southlake, Texas STAFF REPORT December 3, 1999 CASE NO: ZA 99-071 PROJECT: Site Plan—Proposed Lot 1, Block 6,Versailles, Phase III STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for proposed Lot 1, Block 6, Versailles, Phase III, on property legally described as a portion of Lot 2, Block 1, E. A. Smith Subdivision, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-154, Page 91, Plat Records, Tarrant County, Texas, and being approximately 0.73 acres. PURPOSE: Site Plan approval is required prior to issuance of a building permit for the proposed sport court. LOCATION: On the east side of South Carroll Avenue approximately 440' north of Versailles Drive. OWNERS: Versailles III, Ltd. APPLICANT: Dickerson Development, Inc. CURRENT ZONING: "SF-2013" Single Family Residential District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Ten (10) RESPONSES: Three(3)notices were received from within the 200' notification area: • Katherine S. Barr, 1106 Fontaine Drive, Southlake, TX, in favor. (Received November 10, 1999.) • John F. Dickerson, 8333 Douglas, Suite 1300, Dallas, TX, in favor. (Received November 15, 1999.) • Emily and William Allen, 1100 Fontaine Drive, Southlake, TX, opposed, "1. It was not represented to us at the time of purchase of our home. We were told the sport court would be located in the lot by the pool. 2. Opposed to the request because it could/ does decrease the value of our home." (Received November 16, 1999.) City of Southlake, Texas P&Z ACTION: November 18, 1999; Approved (7-0) subject to Site Plan Review Summary No. 3, dated November 12, 1999, deleting Item #1 (allowing 20' throat width as shown). STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated November 12, 1999. \\SLKSV4001\Loca1\Community Development\WP-FILES\MEMO\99CASES\99-071sp.doc -7 F-2- � �,I�.���1111111������1►�R /� .ter�I� ♦ �i�`.-.r--. �.:,..�.� ,� „ i° ~ v 14 ' 2 e Z a 20 1 I 170 W 21 �J 3 v A - 22 ��� 13 1200 ° �Ca 12 �. 1 1 8 J i 4 a �1 R `K i3 S le 5 & 6 � 7 s 1t TR 4E 3 C� 9 10 20.0 AC 4 216 125 lx ,� 231 114 105 18 .50 @ 9.478 @ 6 „6 2� 1 1 I 1t I rj 1 -- ---------------------------------------------------------------- C- PRADE I DICKERSON DEVELOPMENT INC. ; n ^ Grr "SF-20B" 17.414 f1 1 I O �E TR 4F �' NRVEY 12.88 AC ; SA�803 1 1 ' 110 107 107 105 106 F- K. W W.ALLEN !RILEY _ GRUBB _ y. BA RR R s 3 s 4 5 I Sd � e 7 , „ 110 107 67 x0 a - , ,m 1m 12 6 ,m 1O4 ' J. BUSH rr R-PU Dr' FONTAINE DR 1 0 T H E I S0 107 107 107 107 ,{ I 1 ';t 12R 13R n rr LAKES g I -- _ S. _ _ 5 E SF-20A : OF 2 M.TALKINGTON s NEAL S 3 S 4 LA PAL 6 J Rom,, 2 JV i 13o W G. 107 ge D r u 1xo — uo 1_ — 1 _ _ ,zo__ —63 '� i COMMON 6 —� L a La Paloma Ct (pvt) AREA "s 21 20 1 s g S = ;m-- 1�-- --gym —,,—m— —w— a� I CENTER O 18 O 1 a t VERSAILL '° 39 °� 35 °° C 7 L� 3 P L VERSAILLES CT "2 y 5R n � 3R E� 27 1 R Y I DR o i� rJ L`1 4R i 150 °7 39 29 71 36 e L as 17 m 1xo ,m 12l) 113 150 14 g 15 16 G ho ADJACENT OWNERS AND ZONING 1 F-q • rn rn rn (J 1 `^ lfill, ■ �!i �� ly�`� 1 ;s '� a 1�{! 1•! !:1 H 5• h tr � � � �le I• VIA ; ! �i►� t a -�� � � � � � � al jj 410: Ina] 11 Iiafiii mli fill W P� n Q J M1 � � d J _ 0 of @ J ! _ W e (( > ��•��)vita_.. _� 1 �.-f',""�.� _ _ _, ' 1-� g I ^-� I (- � •9 w - I a � •� a' o`a� � I— ---1 1 1 ' g I _.- I _ e t ,s,t .apt t � a —7 F� WRSHINGTON R RSSOC INC TEL :817-485-4106 Nov 29 ,99 14 :48 No .006 P .02 VA= WASHINGTON & Assoc ATES ENGINEE148•PLANNERS November 29, 1999 Ms.Lisa Sudbury,Planner City of Southlake Planning and Zoning Commission 667 N.Carroll Avenue Southlake,Texas 76092 Reference. Site.Plan—Versailles,Phase 11I,Lot 1,Block 6 Common Area/Sport Court Amenity Dear Ms.Sudbury: In regards to your comments concerning the above referenced site plan,we have the following responses: 1. We are requesting a variance on the width of the driveway to the sport court parking area.We feel that since this amenity will not require any large trues;traffic but will only experience passenger vehicles, the twenty-foot wide driveway will be sufficient for this area. Also, the twenty-foot vvidth for the entrance driveway will look better next to the residential driveways than a width of twenty-four feet would. 2. Note#3,on the plan, indicating there is a zoning request for"CS"was an error on our part.We failed to remove the note when addressing previous comments.The note shall be disregarded on the plan. Also,after the November 1 S"'Planning&Zoning Meeting in which this plan was addressed,we noticed a typographical error in the Summary Chart. Comment#3 in the Summary Chart should read,"Accent trees are a 6-foot minimum height rather than the 4-foot minimum height as required by ordinance". This note has been corrected and will be correct for building permit purpose. If you have any questions please call our office at 817-485-0707. Sincerely, W`A-S/HINGTON&Assocuns Wayne Flores RED NOV 2 9 1999 112999-IJWF Sao GRAPEVINE HWY. + SUiTE 975 HUMT,.TEW,70*• "• 417/4W#M? • METAO 8171488-3077 + FAX 817r486-4106 wow ; .x, tt4tttdtlffdl2tt2ts:ntc:Jiz;;c.,:::; -7 F-& City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA99-071 Review No: Three Date of Review: 11/12/99 Project Name: Site Plan—Versailles, Phase III, Lot 1, Block 6, Common Area/Sport Court Amenity. APPLICANT: ENGINEER: Dickerson Development Inc. Washington& Associates 8333 Douglas Avenue, Suite# 1300 500 Grapevine Hwy., Suite 375 Dallas, Texas 75225 Hurst, Texas 76054 Phone: (214) 691-5300 Phone : (817) 485-0707 Fax: (214) 691-8899 Attn. J. Dickerson Fax: (817) 485-4106 Attn. J. Fluitt CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/27/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT. 862. General Development Standards Applies Comments Corridor Overlay Regulations N NA Residential Adjacency Y Complies Building Articulation NA NA,No Building Proposed Masonry Standards NA NA,No Building Proposed Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape NA No Building Proposed Driveways Y See Comment No. 1 1. Commercial driveways on local streets, when permitted, shall have a throat width of 24—40 feet. (Variance Requested) (P&ZAction, 11118199:Allow 20'throat width as shown.) 2. Remove note # 3, indicating there is a zoning request for"CS. The plan is reviewed as "CS", however there is no zoning change request. P& Z Action, November 18, 1999:Approved(7-0) subject to Site Plan Review Summary No. 3, dated November 12, 1999, and as noted above. * As no dumpster is shown, it appears none will be provided on this site. * This plan is subject to the Landscape Ordinance No. 544. It was submitted prior to the new Ordinance No. 544-A being adopted. NOTE: No interior landscape areas are required as no structure is proposed on the site. 1 -7 F-7 City of Southlake, Texas - * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * 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, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment cc: NACOMMUNITY DEVELOPMENT\WP-FILES\REV\99\99071SP3.DOC �"•• 2 �T City of Southlake, Texas Case No. 99-071 Review No. Two (Resubmittal) Dated: 10—7 - 99 Number of Pages: 1 Project Name: Lot 1, Block 6, Versailles, Phase III (Site Plan) Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 09 - 27 - 99 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. LANDSCAPE COMMENTS: * All planter islands in parking areas shall contain a minimum of(1) canopy tree with the remaining area in shrubs, ground cover, grasses or seasonal color. Planter islands which have light poles for lighting the parking areas may substitute two (2) accent trees for the required canopy tree. TREE PRESERVATION COMMENTS: 1. There are three (3) trees located along the south property line. The trees are not protected but I think the applicant intends to preserve them. The grading of the detention area will effect critical root zone area of the trees and possibly kill them. If it does not kill them it may make them unstable and hazardous, susceptible to wind-throw. They may fall either on the applicants property or the adjacent property. BUILDING INSPECTIONS -7F- -1 Z hw a a Nil a� $ � wee t d � ` � p f >_ �t P o a o IN a ° rn 96 q CY) C\2 LL i_.•�, C= Ali Y � � � e'�' � •/� mot-- __ __, ._.: �� _ y��q. i IE[ T fit/�... bT .00 go Y 1 ' a i I I I g- ygpy fi _ I - —— — — q 9�gEr:'9a1ta�E91E�11 �� -- '•w - . q rapt -7F-Ib City of Southlake, Texas STAFF REPORT December 3, 1999 CASE NO: ZA 99-103 PROJECT: Site Plan—Walgreen's STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Walgreen's, on property legally described as Tract 3 and a portion of Tract 3C situated in the W. R. Eaves Survey, Abstract No. 500, and being approximately 2.260 acres. PURPOSE: Site Plan approval is required prior to issuance of a building permit. LOCATION: On the southwest corner of the intersection of South Peytonville Avenue and West Southlake Boulevard (F.M. 1709). OWNER: Conner Lam APPLICANT: Wilson& Stonaker, L.L.C. CURRENT ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Retail Commercial NO.NOTICES SENT: Six (6) RESPONSES: One (1) response was received from within the 200' notification area: • Robert D. Farmer, Farmer Madison Turner I Ltd, 7898 Broadway#120, San Antonio, TX, in favor. (Received November 15, 1999.) A petition,with sixty-one(61) signatures,was received on November 18, 1999, opposed. See attached petition. P&Z ACTION: November 18, 1999; Denied (6-1). STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated November 12, 1999. NACommunity Development\WP-FILES\MEMO\99CASES\99-103SP.doc � v �I �0,vc-( , 11-16-q q a4- P+ Z r1✓1ee4-1 TO THE SOUTHLAKE PLANNING AND ZONING COMMITTEE We the undersigned are adamantly opposed to the construction of a Walgreen's that is zoned under C2 zoning. We would like to see this area zoned for office zoning only. If allowed to continue, this construction will have a very negative impact on our neighborhoods, safety,traffic congestion and quality of life. Name- Add ess Phone 3.� j15ti1S �o� I)al,_k 7/0CC `{zy - � 8. N o�To-d e�r� 4--D 9. G 10. 12 15. � 16. � , - 7z ✓ 17. 6 ' (. L L 9 TO THE SOUTHLAKE PLANNING AND ZONING COMMITTEE We the undersigned are adamantly opposed to the construction of a Walgreen's that is zoned under C2 zoning. We would like to see this area zoned for office-zoning only. If allowed to continue, this construction will have a very negative impact on our neighborhoods, safety, traffic congestion and quality of life. Name.- Address Phone - IYS 2 ,2 AD 3. �1 4• � CtCc� J�LQQ I,�LL�ts-c�� �d'T 96W4e,,ry s. SfntbC(,'?4 o 6. 8. 1 S6Ls Sfoup D "Z L�rZc Z gr3— 12. 13.E 7 4)n 14. 15. s°S 19. t I 1J�(i�i�'� �i/lti f/4 ' SSW (W TO THE SOUTHLAKE PLANNING AND ZONING COMMITTEE We the undersigned are adamantly opposed to the construction of a Walgreen's that is zoned under C2 zoning. We would like to see this area zoned for office zoning only. If allowed to continue, this construction will have a very negative impact on our neighborhoods, safety, traffic congestion and quality of life. Name dr A ss Phone 1. 21773 3 Z 2. ff�j3L� 1 (� 3. —( ( Iyi � R'u/1� PI aC� 4a 1 - -)-7 1 s. ,a, o �c A_ 1, 6. 7. 8. - .�Imo,r,s �23_, Q►r,1- 3� 4tc� S� Cc'� 1 �abAWI[k bu qt, vc baG (tca o L�)-1 - (v050 1 z.& 1)�V e bA'VV 'a- P I. 13. �L l J 1.Kll.%!�- �etnl � �'�' 14. ' D � 15. 16. J 1 17. 18. 19. 20. TO THE SOUTHLAKE PLANNING AND ZONING COMMITTEE We the undersigned are adamantly opposed to the construction of a Walgreen's that is zoned under C2 zoning. We would like to see this area zoned for office zoning only. If allowed to continue, this construction will have a very negative impact on our neighborhoods, safety, traffic congestion and quality of life. Name Address Phone 1. t I i 2. 4. Cl 7- - SZ 3 5 ,� 0 Y2I - 2-gS"�- 6. 7, 8. 9. 10. 11. 12. 13. 14, 15. 16. 17. 18. 19. 20. : . I s � :. I�■■i�■ri .� .� ► �' iris ,'►�.�t11 ♦d.���� _ fir■ w:. :�.: � !� �,�(�; �� �� ��.�• MINI all IN WE NOME �. � ��� �. .-. ��� . � .. .. it ♦ .■■ ♦. s RPAJ�,•�► one IN millMEN ml� A7 • �� ■��� �■ :ham . ���\I _ �� ,. :■■_��� fir,►.. ���_ - ,: :� .�� ���� ,■ ■ �y►�� ■tea■-■■i■R■�:: ' J \ 7 i� 25 w i s, 13 L ' 29 ^j "' :t 20 - 141 ..- Ss .w7 co Two M3 140 ' 2 ^ .- 29 "-_� 17 s i Q l jJ 2a F- 22 a s t s a 10 CORPORATE CIRCLE � z 23 15 27 9 8 p E ,« 153 m I 7 1 c Z 24 14 ' 4.964 ® 26 12 �« ,ss FARMER 4R1 "R-PUD" 25 13 e " , I MADISO_N TURNER I 1.234 O LTD. j MYERS MEADOW HOMEOWNERS ASSN — i „C_3„ STATE OF TEXAS STATE OF TEXAS I STATE OF TEXAS TR 3G T-- 3D1 i 1.834 AC _ I T 3 1.7 7 Sol- I "S—P-1 of C. LAM i CARROLL ISD F ,30 xm I a TR 3C2 s , - 1.0 AC W&B KIDD FAMILY-LTD PRNTSHP 420 TR 3C2A 3 = 1.0 AC - ' '0 L 4" CA 00b sC14 AKAj " TRACT 3 � i F TRACT 2 ' z ADJACENT OWNERS AND 8R b 5 _ 4 �OINYNG n �b 7 6 A Wilson & S tonaker, L.L. C. cmmercial& Inve.stinent Reai r state Services November 12. 1999 Mr. Dennis Killough Ms. Lisa Sudbury Southlake, City of 1725 E. Southlake Blvd., Suite 100 Southlake, TX 76092 RE: Proposed Walgreen Pharmacy SEC Southlake Blvd. & Peytonville Southlake, Texas Site Plan Review Summary Dated November 12, 1999 Dear Dennis & Lisa: In response to your review summary referenced above, please note the following comments- 1 a. Access Drive on Southlake Blvd. Our inability to provide a curb cut 500 feet from Peytonville has to do with the size of our site, particularly the length of our north property line. However, as requested by staff, we are willing to provide a right in/right out configuration as suggested in the driveway ordinance and we have created a shared drive with the adjacent landowner per staff's direction. 1 b. Driveway within a transition area The proposed access drive referenced above intersects FM 1709 approximately 280+/- feet west of Peytonville Avenue. As such, a 150 feet deceleration & right turn lane would result in an encroachment of the transition area at the entrance off F1V1 1709. In order to avoid the encroachment across the transition area, we propose to begin, the transition from the right in/right out entrance and take it west 150 feet from that point. 2a. 5' Side Yard Setback Pursuant to the staff requirements, the access drive referenced above is intended to be shared with the property to the west. As such, it is located on the common property line. The shared access drive provides a safer situation by reducing the number of curb cuts, but results in a deficiency in the technical requirement of a 5-foot side buffer because the buffer cannot be provided adjacent to the lot line. You will note that on our site plan that we meet side yard buffer requirements on all perimeter of the property except the west property line. Due to the shared driveways that are being created for this project, the 5' side yard buffer provided on the west side is offset by the width of the access drive. Consequently, we are requesting the ability to locate the buffer on our west property line along the east side of the shared access drive. We are not requesting a waiver to the buffer requirement, nor are we requesting a reduction in the amount of plantings. It is our understanding that this is satisfactory to the staff 2b. Parking islands will be provided at the end of each row of parking in future plans. REC@ N O V 1 i 1999 PO. '!,)x I :; C:r;re-.;nr.T:.•<_ -1)099_19j5 •(81 Fax: (,til )33O-73O1 -In 1: hi:1(aWi1S,-, tor.aker-cum •�.vww.,Ai:son-stenaker.a,c: 3. The lot and block numbers of Myers Meadows will be shown in all future plans. 4. We agree to meet all lighting ordinance requirements with regard to our exterior lighting. 5. The notation "192 square feet of storage" was in error and will be removed from all future plans. Additionally, the word storage will be removed from both of the dumpster locations shown on the plans. Two additional items that we would like to have incorporated in our presentation to Planning and Zoning and City Council are: 1. Traffic Control We have been requested by several attendees at our SPIN meeting that we install "speed bumps" on the access drives in order to control "cut-through traffic" and any potential therein. We have agreed to do so subject to staff approval and City Council approval. 2. Site Lighting We have agreed to meet all City of Southlake ordinances with regard to site lighting. In addition, we wish to stipulate that (1) there will be no flood lights or,, or facing the building, (2) we will submit to staff for its review concurrent with building plans a photometric study of all exterior lighting verifying compliance with lighting ordinances, and (3) we will install lighting on parking lot poles that reflect light downward onto the site and reduce or eliminate any spillage from parking lot lighting. These rea,"'ests were agreed to after meeting with members of the area SPIN groups. It is our understanding that this formal submittal will be placed on the Planning and Zoning agenda for its meeting on November 18, 1999 and subsequently to the City Council on December 7, 1999, for final review and approval. I have also included a copy of the letter of intent from our neighbor to the west; Mr Kidd that addresses the cooperation we enjoy regarding the shared drive off of Southlake Blvd. Please feel free to contact Phil Corso or me with any questions you might have. Sincerely, William E. Stonaker, CCIM, SEC Manager CC: Phil Corso (v + Lr . 5, 1999 JCE M. KLNG PAGE 02 DWIS M . E . DAVIS PROPERTIES October 21 , 1999 City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 RE: Proposed Walgreens located at the corner of Southlake Boulevard (F. M. 1709) and Peytonville Avenue To whom it may concern; This letter is evidence that Walter and Bonnie Kidd, owners of the tract of land immediately west of the Walgreens Tract are working with William E. Stonaker of Wilson & Stonaker, L.L.C. and Philip D. Corso of PCI Associates, Ltd. concerning matters of driveways, access easements. water and sanitary sewer easements. It is our intent to have an agreement fully executed within the next thirty (30) days. If you have any questions, please call Mike Davis, his phone number is (972) 492-0988. Sincerely, Walter M. Kidd Bonnie Kidd ,4' . 0 1999 7 Gr-10 City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-103 Review No: Three Date of Review: 11/12/99 S%W► Project Name: Site Plan - Walgreen's Drug Store APPLICANT: ARCHITECT: Wilson& Stonaker, L.L.C. O'Brien& Associates P.O. Box 1955 5310 Harvest Hill Road, Suite 136 Grapevine, TX 76099-1955 Dallas, TX 75230 Phone: (817) 329-7300 Phone: (972) 788-1010 Fax: (817) 329-7301 Attn. W. Stoneker Fax: (972) 788-4828 Attn. S. Eck CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/01/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT. 862. General Development Standards Applies Comments Corridor Overlay Regulations Y Complies Residential Adjacency Y Complies Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y See Comment No.2 Interior Landscape Y See Comment No.2 Driveways Y See Comments No. 1 1. The following changes are needed regarding driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a. Provide the minimum driveway spacings. The driveway on the north must be a minimum of 500' from the Peytonville intersection. (Variance requested.) b. The driveway intersecting West Southlake Boulevard cannot intersect the transition area of the required deceleration lane. The proposed driveway would intersect the transition area of a standard deceleration lane (12' width X 150' length with a 150' transition). The applicant proposes extending the stacking length(from required 150' to 344')to get the driveway out of the transition area. (Variance requested.) 1 City of Southlake, Texas 2. The following changes are needed regarding landscaping,bufferyards and screening: a. Provide a minimum 5' —Type A bufferyard, along the west property boundary. This plan '%01 proposes a common drive along the west property line. The applicant proposes to place the landscaping and bufferyard east of the common drive and off the property line. No reduction in plantings is proposed. (Variance requested.) b. Provide parking islands at the ends of each row of parking. This plan shows no islands at the northeast corner of the building. 3. Show the lots and blocks in Myers Meadows. 4. In order to confirm compliance, the type of 450 Watt lighting should be further defined or otherwise insure the applicant will comply with the lighting ordinance. 5. Remove the notation regarding 192 square feet of storage, as no outside storage is permitted in this district. Also remove the "storage"from the dumpster area enclosures. P& Z Action, November 18, 1999: Denied(6— 1). * This property has not been platted. There are no existing easements. A plat application has been submitted for review. The applicant should insure that any necessary easements are shown on the plans prior to the issuance of a building permit. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * 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, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. * A letter of permission from the adjacent property owner(s) on the west must be obtained prior to issuance of a building permit for the construction of the off-site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * Denotes Informational Comment cc: William E. Stonaker, Wilson & Stonaker, L.L.C. VIA FAX: ABOVE O'Brien& Associates VIA FAX: ABOVE Conner Lam VIA FAX: 817-488-3347 NACommunity Development\WP-FILES\REV\99\99-103SP3.doc 2 U-f Z City of Southlake, Texas TREE PRESERVATION ANALYSIS (Non-Residential Development) Case: 99-103 Date of Review: 11 — 11 - 99 Number of Pages: 1 Project Name: Walgreen's Drug Store (Site Plan) OWNER: PREPARED BY: Walgreen's RLK Engineering 803 E. Main St., Suite B Allen, TX 75002 Phone: Phone: (972) 359-1733 Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481- 5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The applicant corrected the Tree Survey portion of the Site Plan. 2. The area where the 30" Pecan tree is located along Hwy. 1709, has been enlarged to accommodate the tree. The submitted Grading Plan shows no grade changes within the trees critical root zone area. The Utility Plan shows a water line stub for a fire hydrant and the water hydrant placed 10' Off of the tree trunk. I recommend that the fire hydrant be place elsewhere on the site. 3. Four(4) Cedar Elm are located on the corner of Hwy. 1709 and Peytonville Avenue. The proposed sidewalk that runs along Peytonville Avenue shows to remove three of them. I am not aware of the plans for the expansion of Peytonville, but I recommend shifting the sidewalk to avoid the trees. * Grade Changes: No grade changes shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Landscape Administrator or if grading is as directed by the City's Drainage Inspector. * Preserved Tree: A protected tree shall be considered to be preserved only if a minimum of 75% of the critical root zone is maintained at undisturbed natural grade and no more than 25% of the canopy is removed due to building encroachment. * All area within the public R.O.W., public utility or drainage easements as shown on an approved Final Plat and the fire lanes, required parking areas and area within six feet (6') of the building BUILDING INSPECTIONS 7&-13 City of Southlake, Texas foundation as shown on an approved Site Plan shall be exempt from the tree protection and replacement requirements specified in the Tree Preservation Ordinance 585-A. * All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this lot. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-A. BUILDING INSPECTIONS 7&r-lq Ll ❑ Cl ❑ 11 0❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ie I i e4p ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 9 c� T'A < = o �'1'I'Nfl71YN0LS'P NOSIIAA4:J � aEE z—o �zp zR.F 'vf0.LN3 WdOlHAHU V 8 E I ICT'g8 4 F F„ 00 pC, 5E� a Maya)[vTHlnos � � I � ; �Es��� a3� w�< " a ; lob' f:. .o r w'% '"" �i I I I I 8� r;f'4...,.., •:.r•„ 9 3°`�z I � i c i n 07 z° T &3 -- — SIB CD - - - flN if111 !Y:'FlhIf1N.1 R , I.N'1r1 IAY.I.l"1 ZANY O. - ' Ad a111AMOJLA,ad H.LnOS -•,•"'...I Z NN � orc' x srolo. _ _ I s uu an�win� I pal .Z \n . l>I. tjyy y g 'x m a gg \on 15 cA r �!° to / v MIEVxi - A ei I II i 1 �� S •I I• Z I 11 111 11 II iu� �19 ■ 111 3� 1 1 i 1 � I 1 � 1 a4ar� 50t`q �e_Rg4 y r w , s� ■ „� O�wae � � 73�zo AM3 3Q56 xa.Rez 3 z r - m z w S o 0 o r i I I Paz >- Omyr < I z y C aa�=ay12�= $'�8rx y '_ 9e del o� r1e s � < o�J. 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' Y7€a�N �a 4rE9t e 7 ➢ € z AdY9��' � ��R �. 0rT . �E b I fill. ggL 1. gg E?d 6[s b8n 3 3L 64 E"� o f I�1 I �4 fap b B pp $$ 'Y �, y 6 kg'is Ed s■■se2ee 4 EE i# R D w Jd ,� •.iS P all U 5S 4 E a !S 6 't 66 � L'• c X9fR, ��a y 1\ b t! i x�nos) anv�nv a77[Aer(�,c�d.___ rl E t il; II 'TO • ` ' R �. '1 1 v �! o e n � I I• I i lg 1 i R 1 I � .,aa l f �LL C14 C�' I Lirii lyfOJI rl ----------- MMOS) MN3AV 37.7,AA'OLA J, cs it -Gmto City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Billy Campbell, City Manager FROM: Garland Wilson, Director of Public Safety (Ext. 730) SUBJECT: Request for a variance to Sign Ordinance No. 704-A, for Walgreen's, located on the southwest corner of the intersection of South Peytonville Avenue and West Southlake Boulevard (F.M. 1709) Action Requested: City Council consideration of a sign variance for Walgreen's Pharmacy. Background Information: Section 16-A-2 of the sign ordinance limits letter or logo height to 12 inches for attached signs within 100 feet of the right-of-way line. This appeal is to allow the tallest letter in their name, the W, to be 26 inches high and the other letters sized accordingly. The principal issue involved is their trademark logo is their name written in script. If the largest letter is 12 inches, the lower case letters tend to be unreadable. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: None Alternatives: The council may approve the signs as requested, approve it subject to whatever changes or conditions they deem appropriate, or they may deny it. Supporting Documents: Variance application and letter of demonstration Building elevations with sign detail Site Plan showing sign location Sections 16-A and 14 of the Sign Ordinance Staff Recommendation: Place the sign variance appeal for Walgreen's Pharmacy located at 1701 W. Southlake Blvd. on the December 7, 1999 City Council meeting agenda for approval. GW/bls 1 > / Billy Campbell December 3, 1999 Page 2 Approved for Submittal to City Council: 241- )eity anager's Office `r. I Southlake, TX 76092 NnV 11/05/1999 16: 33 4809987264 PCI RDA �11V i PACE 02 crrr OF soL":fiLaxE F�"biizaty 6, 1995 Sx(3N vARIANCB APPLZC.ATXON i ^ 7�n (if Bffferentl A��LI G1N'T � KAMU; _IN;I S o n S -a n a Lp C. .L .C. o (,a tiM ADDRESS; — 1 —_ AKONg 1 -312 -2-3 0 0 FAX: gl- - 3 a5 - 736 i br_fs2j1owina infp= tion nertalas Co the lz;ation fog which the —'14=2 Z5 b -= AMS OF BUSINESS OP. OPERATrov: �Q I L� f fl P V1 S ha r rin A c y WYSZCAL A=R=S �� WS F1�'l.� b� ey �-o n y ;.l.l Q y'e n L A J=AL DESCRIPTION ; Lot 1 Block subdivision St%AAl\lalcl- WCA$-cY-t n s (a_ ' � v\ ( pr6Pos-ed) hereby certify that this application is complete as per the requirements of sign )rairance No, sob as sutmaarized below. I further undcrctand that it is nectona.-/ to have a •epresentative at the City Council meeting who is authorized to discuss this request, :ddress any unresolved isauas, and approve changes, if any. applicant 's signature: �����L� Date: •itwwwtttftAft/wlf lfttf ti Yt4ttlwtifillftitilt�ffft*Itttfflttl4lftllttwtYttt44trl tt141f♦!f1 or City Ube Only: Y hereby acknowledge receipt of the sign -ariance application and the applictioa fee .n the amount of S on this the day of 199! signed: Title: fwr�lrv.w rrtwwtf wttt!l14wt4tt11141fitt*wfwtrlfwlwtwtl♦tltfttt11:4Rw!lYtft**!*lirrYlwwwwtlww Che following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign 7rdin4nce NO. 50C and amcndmcatc, and other ordinances maps, and codes available at the :ity Hall that may pertain to this sign variance request. - _ Completed sign variance request dVVIIcation. Completed demonstration of conditions applicable to the requested variance (see attached.) Site wld,, ohacrwing the location of tho sign vRrianc:R request and any other signs that conform to or are exempt from the sign ordinance. The site plan shall also indicate the building, landscaped areas, parking a approaches and adjoining street R,O.W. Scaled and dimensioned elevations of the signs for which the variance is requested. For 4t.taehed aigna, the elcvationt shall show the building, the sign for which the variance it requested, and any other signs that conform to or are exempt from the sign ordinance , i Demonstration Please demonstrate that the following conditions are applicable to the requested sign variance: 1. That a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant. The required 12" for all letters creates a practical difficulty and hardship to this project due to the inability to manufacture the signs to the manufacturer's tolerance specifications for proper and safe installation. In addition, the 12" signs (as required under the ordinance) cannot be safely seen by customers of the Walgreen's store and citizens of Southlake, creating a potential safety issue and thus creating an unnecessary hardship on the building tenant and owner in conducting its business. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed. The condition addressed above is not self-imposed and is unique to the property in that the universally accepted corporate logo for Walgreen's again cannot be practically manufactured for proper and safe installation at the required 12" letter height. This situation is also created due to the setback requirements, circulation requirements, etc., of the City of Southlake site plan approval process, which forces the building to be in a location where it is allowed by ordinance only a 12"letter height. 3. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. This variance will not injure and will be wholly compatible with any uses contemplated on the vacant land adjacent to the Walgreen's building as it may be developed in the future. Adjacent property owners will have the ability to develop their property and place the appropriate signage per the City of Southlake ordinances and this variance will not have any impact on that development capability. 4. That the variance will be in harmony with the spirit and purpose of the sign ordinance. The spirit and purpose of the Southlake sign ordinance is to create architecturally pleasing signage associated with first class retail establishments. By deleting any use of additional modifiers (see cover letter) other than the "Pharmacy" wonting under the Walgreen's corporate logo sign and incorporating the requested signage into a pre-determined sign area on the building, the variance request is in total harmony with the City of Southlake sign ordinances and compatible with other signage throughout the community. Wilson &'_ 1�4o raker, L. L. C. Commercial<< Investment Beal Estate Services November 9, 1999 Mr. Charles Bloomberg, CB# City of Southlake 667 N. Carol Ave. Southlake, TX 76092 Re: Sign Variance Application Proposed Walgreens Facility SWC of Southlake Blvd. and Peytonville Road Dear Mr. Bloomberg: Attached please find the application for variance for the above-referenced project pursuant to your conversation with my associate, Phil Corso. In addition to the information contained in the application, please consider the following: 1. The elevations show the requested variance in the Walgreens corporate script logo (letter size/height from 12"to a combination of 26" at the highest point to 18" for all other letters) as well as the use of a single modifier with the word "Pharmacy". We will agree to stipulate that we will not use any other modifiers including, but not limited to "one-hour photo" within the allowable signage band. Should the variance be approved by the council for the height of the script lettering, the submitted elevations shall be the only building signage requested by the applicant when applying for sign permits. A monument sign permit will be requested pursuant to Southlake signage ordinances. 2. Pursuant to our discussion, we would like to have this variance request placed on the City Council agenda for December 7, 1999, which is the scheduled hearing date for our site plan approval. We would like the Southlake City Council to be able to have the entire picture as to the high quality nature of our development and our agreement to remove the "one-hour photo" (which is typical on a Walgreen's building) in conjunction with our request for a variance for an increase in the corporate logo letter height. The other signage addressed on the building is directional signs located at the drive-thru area. Per our discussion, additional directional signs will be located throughout the property to show the location of handicapped parking, direct traffic in a safe and efficient manner, etc. We look forward to working with your department to this extent. Please contact my office as soon as possible regarding the sign variance application and hearing date. In the alternate, you may contact my associate, Mr. Phil Corso at his Scottsdale office (480- 990-0200) or Susan Eck at O'Brien Architects in Dallas, the project architect. Again, my sincere thanks for your cooperation and guidance. Sincerely, W • William E. Stonaker Manager WES/akk cc: Phil Corso, PCI Associates, Ltd. P.O. Box 1955•Grapevine,Tcxas 76099-1955•(817)329-7300• Fax: (817)329-7301 •email: hiII(&wilson-stonaker.com • www.wilson-stonaker.com W .� '0-1-1 )13"VNOIS V NOS'IIM Sao IMRM013AM v g st• � 8 z C r �■ SVX3.L'3XV-IH1.nOS all R R w ■ Z R E Z ■ o - f o x � w w w � o I x W w ►��1 ■ hh�/ ly/ 9 - O n ■ ■ W I Qr ■ w w e ■ ■ ■ R w _ w r y o p L. I 0. y N I I w ° UVI - w - I ° z 3 r.7 a ■ � m I r A. < o Q ,� I e ■ C7 o CC w a I < 0 H .a w a .E — W :)"I-1 XH)IYNOIS 3' NOS'IIM 'ao 1N3wao73n3a v $ t�t1 ' :15 z 8 3 Eg SVX31'3)IV1HInOS lit. a W N Inl NQ Al 0-V If 2: ■ 3 ■ -:o:.t 4L 0-4 0.4 0-4 A o -v C7 I IN 1 1-4 -lot o � - - - _ _ 1 w O al V ■ ■ c Z _ � . . '01"I "dg)[VNOIS V NOS'IIM W p �B ll dO INHMoianaa v g �' 8 Z ey svx3t'3xv1H1nos a Fi`5 wMo00,n � zu ■ II i I ■ 1 -- 3AV 311IANO1.k3d HInOS A "Iry 1 zz I I \n/ r %/ ■ I � W A I 'I�\; t I < 1 x p / c y A3 w I �,1 cam! I11 1 a� • i0� C / 1' --- YIIH�utYd l ■ � 1' O U tt 1 City of Southlake, Texas SUPPORTING DOCUMENTS SIGN ORDINANCE NO. 704-A December 3, 1999 The following are excerpted from the Sign Ordinance: ARTICLE III-APPEALS AND VARIANCES SEC. 14 VARIANCES The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. ARTICLE V- SPECIFIC SIGN REGULATIONS EC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS A. ATTACHED SIGN 2. MINIMUM /MAXIMUM LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos shall be six (6) inches. The maximum height allowed for letters or logos shall be based on the following criteria: Distance From R.O.W. * Maximum Letter/Logo Height Less than 100 ft. 12 inches 101 - 150 ft. 18 inches 151 - 200 ft. 24 inches 201 - 250 ft. 30 inches 251 - 300 ft. 36 inches 301 and greater 42 inches * - For any lease space which does not front on a street, the maximum letter/logo height shall be based on the distance from the vehicular driveway access (see Appendix `B' for further clarification). V City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Billy Campbell, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Ordinance No. 761, 2"d Reading, an ordinance amending Ordinance No. 682 relating to the manner of appointment and terms of office of the members of the Board of Directors of the Tax Increment Reinvestment Zone Number One of the City of Southlake; and resolving other matters incidental and related thereto. Action Requested: Consideration of Ordinance No. 761, amending Ordinance No. 682 to amend the section of the ordinance which relates to appointments and terms of office of the Board of the Directors of the TIRZ. Background Information: Ordinance No. 682, approved on September 23, 1997, established the boundaries of the Reinvestment Zone and created the board of directors of the zone. Some recent legislative changes allow for these amendments to the section related to the TIRZ board appointments and terms of office. Also, these revisions reflect issues identified over the past two years related to the TIRZ Board appointment process. The changes to the board of directors section of the Ordinance includes the following: • Each board member serves at the will and pleasure of the governing body that appointed them to the board, and may be removed by a majority vote. • Clarifying that the TIRZ Board members who are also City Councilmembers shall serve until their term of office as a City Councilmember expires. The ordinance also changes the terms of office of the board members to two years (as required by statute) instead of three years. The City Council will continue to appoint eight members to the board of directors of the TIRZ, and the governing bodies of each of the taxing units participating in the TIRZ shall each appoint one member to the board. As you recall, the participation agreement with the CISD calls for the City to allow the School District to name one of the City's appointees to the Board of Directors of the Reinvestment Zone. The Board of Director appointments are completed through a resolution. 7-T-1 Billy Campbell December 3, 1999 Page Two Financial Considerations: This ordinance does not have any financial implications. Citizen Input/ Board Review: Not Applicable. Legal Review: The city attorneys have been involved in the TIF process and can respond to any legal questions or issues which may arise during the meeting. Alternatives: The City Council approved this item on first reading during the November 2 meeting. During this item, the City Council indicated the desire to adjust the timing of the terms of office of the TIRZ board to be consistent with the Council's board appointments in May. In so doing, this will provide consistency with the board membership to the terms of City Councilmembers, with the terms of office to begin in May. Supporting Documents: Ordinance No. 761. Ordinance No. 682. Staff Recommendation: Staff recommends placing this item on the December 7', City Council meeting agenda. Approved for Submittal to City Council: Ci ager's Office t City of Southlake, Texas I ORDINANCE NO. 761 I I �,.. AN ORDINANCE AMENDING ORDINANCE 682 RELATING TO THE MANNER OF APPOINTMENT AND TERMS OF OFFICE OF THE i MEMBERS OF THE BOARD OF DIRECTORS OF THE TAX INCREMENT I REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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 23, 1997, the City Council of the City of Southlake established the board of directors of the Tax Increment Reinvestment Zone Number One, with the adoption of Ordinance 682; and WHEREAS, the City Council wishes to amend the terms of office of the board of a.. directors and make other changes as a result of revisions to Chapter 311 of the Texas Tax Code, enacted by the 76th Legislature; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. SECTION1. That Section 4 of Ordinance No. 692, enacted on the 23rd day of September, 1997, is hereby amended to read as follows: SECTION 4: (a) There is hereby established a board of directors for the zone which shall consist of 12 members. (b) The Southlake City Council shall appoint eight members, who, in accordance with Section 3.02 of the Charter of the City of Southlake, shall serve at the will and pleasure of the City Council. The governing bodies of Carroll Independent School District, Tarrant County, Tarrant County Junior College District, Tarrant County Hospital District, shall each appoint one member to the board. If any of these taxing units waives its right to appoint a member to the board, the City may appoint a member in its stead. (c) Each member shall meet the eligibility requirements as set forth in the Act. (d) Each member shall serve for a term of two years or until the member's successor is duly appointed and qualified. (e) The City Council shall designate a member of the Board to serve as chair, and the Board shall elect from its members a vice chairman and other officers as it sees fit. (f) The board of directors shall make recommendations to the City Council regarding the administration of the Zone. It shall prepare and adopt a project plan and a reinvestment zone financing plan for the Zone and shall submit such plans to the City Council for its approval. It may recommend amendments to the project plan in accordance with the requirements of the Act. (g) Each member shall serve at the pleasure of the governmental body which appointed the member and may be removed by a majority vote. (h) A member who is a member of the City Council shall cease to be a member at the time he or she ceases to be a member of the City Council. SECTION 2. ORDINANCE CUMULATIVE 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. �1. �Ll SECTION 3. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared 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. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication as required by law. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1999. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney i City of Southlake, Texas STAFF REPORT December 3, 1999 CASE NO: ZA 99-105 PROJECT: Ordinance No. 480-320/First Reading/Rezoning and Site Plan - Pi Systems STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Site Plan on property legally described as Tracts 1 B 14, 11315, 1 B6E, and 113617 situated in the Harrison Decker Survey, Abstract No. 438, and being approximately 0.892 acres. PURPOSE: Zoning and Site Plan approval is required prior to issuance of a building permit. LOCATION: On the east side of Timberline Court approximately 340' south of East Continental Boulevard. OWNER/APPLICANT: Pi Systems CURRENT ZONING: "MH" Manufactured Housing District REQUESTED ZONING: "S-P-1" Detailed Site Plan District with 1-1" Light Industrial District uses. LAND USE CATEGORY: Industrial NO. NOTICES SENT: Seventeen (17) RESPONSES: Two (2) responses were received from within the 200' notification area: • James Edward Hall, 812 Belaire Drive, Burleson, Texas, no comment, "I no longer own this property. Sold in June or July, 1999." (Received November 10, 1999.) • Sam Hughes, 1207 Timberline Court, Southlake, Texas, in favor. "Gets rid of two worn out rent trailers and the type of tenants they attract." (Received November 10, 1999.) P&Z ACTION: November 18, 1999; Approved (7-0) subject to Site Plan Review Summary No. 2, dated November 12, 1999,eliminating the following uses: b) sexually oriented businesses; 1) aluminum product fabrication; 3)bakery, wholesale; 4) blacksmithing or horse shoeing; 5) broom manufacturing; 6) cabinet or carpentry shop; 7) candle eA -( City of Southlake, Texas manufacturing; 8) candy plant or production facility; 9) carpet cleaning operations; 10) clothing manufacturing; 13) compounding of cosmetics and toiletries; 14) creamery and dairy product processing; 15) egg storage, candling, sorting and grading; 16.a) farrier (horseshoeing); 17) feed stores; 18) glass blowing; 19) ice cream manufacturing;20)ice manufacturing and bulk ice storage;21) insulation application business; 25) linen and towel service; 27) mattress manufacturing or mattress renovation; 29)mini-warehouses; 32) pest control businesses; 39) sheet metal shop; and, 41) spray painting shop. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated November 12, 1999. \\SLKSV4001\Local\Community Development\WP-FILES\MEMO\99CASES\99-105ZS.doc 8A -2- PI SYSTEMS CORPORATE OVERVIEW Pi Systems,known,as the"PROUD INNOVATOR"is a privately owned company dedicated to providing innovative service solutions for COMPUTER SYSTEMS,POS SYSTEMS,and ATMs. Our motto is: We provide enhanced productivity tools,utilizing "Innovative Technical solutions"by certified resources. Richard Andrews formed Pi Systems in September of 1992. The head of Pi Systems has over twenty-five years of hands on experience in all phases of the Sales and Service offerings we provide. The management staff has an average of twenty years of experience in the three areas of our service offerings. Our Technical staff consists of Certified,OEM trained,and field experienced technicians. Our Corporate Facilities are located Northwest of the DFW Airport at 1937 East Continental Blvd in the City of Southlake. This enables our technicians to respond quickly to all areas of the DFW Metro-plex. We have additional facilities located in Fort Worth,Midland,Lubbock,and Amarillo. Our service area extends North to Tulsa Oklahoma,East to the Louisiana border,South to Waco Texas and to the West Texas area. Our immediate growth plans are for two areas,Northeast Texas/Northwest Louisiana and West Texas from Abilene to the west Texas border. We have an International Facility located in Chihuahua Mexico and are looking at possible growth in Central and South America. Our customers are: • MANUFACTURES • VAR'S • BUSINESS END USERS The services we provide are: • INSTALLATIONS • TEMPORARY TO PERMANENT TECHNICIANS • EQUIPMENT UPGRADES (SOFTWARE OR HARDWARE) • MAINTENANCE AGREEMENTS • TIM[E AND MATERIAL ON SITE SERVICE • CARRY IN REPAIR SERVICE • CERTIFIED CAT 5 WIRING AND TESTING • HELP DESK SUPPORT Our sales include: • COMPUTER SYSTEMS (SERVERS AND W/S SYSTEMS) • COMPUTER SOFTWARE • NEW OR REFURBISHED ATMs • COMPUTER AND ATM SUPPLIES Pi Systems has ICL formally trained Technicians on ICL/Fujitsu Retail,POS,and 7000 Series ATM systems. This training was provided to us by ICL to enable Pi Systems Technicians to represent ICL in Nation wide projects for the past two years. These projects include ATM upgrades and POS/Retail System installations in all sections of the United States. 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ETAL 46 AC 46 AC .45 AC E+ TR 1 B 16 i B R 1 B4M TR 1 B4L2 .4 AC 6G TR 1B11 t6 AC .46 AC 45 AC TR 188 +TR R 1B4M3 TR 184L6A .4 AC 68 .46 ® 46 TR 1 B9A TR 1 B8A TR TR 181 .45 AC 18 19 J:Z>;e R 184M1 TR 1B4L6 .4 AC 681 TR 1B9B 46 ® .46 AC .45 AC TR 1 BBC 16 *Note 1: 1B4M2 A AC 6e Tract 1B12 7R 1 B4L1 TR 1 B9 Owner of land: G. Marsh �6 AC .46 AC "^ To 1 oeo TR — Owner of mobile home: C. Sanson R 1 TR 1B4L7 ADJACENT OWNERS -6 AC .46 ® *Note 2: 1:B4:B TR 1B4L AND ZONING Tract 1B12A 6 515 C� !TR 45 AC TR 1878 �TR TR 1Bic1 ih Owner of land: M. Brewer .4 AC 6M 2.4822 ® 2 Owner of mobile home: M. Vincent ?4N ( 1 B7A A.0 T 44 B4A 3 AC TR 1 B7 6 - 36 AC City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA99-105 Review No: Two Date of Review: 11/12/99 Project Name: Site Plan—Pi Systems Office/Warehouse on Lot 2, H. Decker No. 438 Addition APPLICANT: ARCHITECT: Pi Systems L.L.C. Sun Coast Architects 1937 E. Continental Boulevard 2379 North Carroll Avenue, Suite 200 Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 329-4807 Phone: (817) 424-4277 Fax: (817) 329-4808 Fax: (817) 329-7177 Attn. Richard Andrews CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/01/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT.862. General Development Standards Applies Comments Corridor Overlay Regulations N None Residential Adjacency N None Building Articulation N None Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y Complies 1. This plan shows lighting as required on site plans. More information will be required at the time of building permit to insure compliance with Lighting Ordinance No. 693-13. P & Z Action, November 18, 1999: Approved(7—0) subject to Site Plan Review Summary No. 2, dated November 12, 1999, eliminating the following uses: b) sexually oriented businesses; 1) aluminum product fabrication; 3) bakery, wholesale; 4) blacksmithing or horse shoeing; 5) broom manufacturing; 6) cabinet or carpentry shop; 7) candle manufacturing; 8) candy plant or production facility; 9) carpet cleaning operations; 10) clothing manufacturing; 13) compounding of cosmetics and toiletries; 14) creamery and dairy product processing; 15) egg storage, candling, sorting and grading; 16.a)farrier (horseshoeing); 17)feed stores; 18) glass blowing; 19) ice cream manufacturing; 20) ice manufacturing and bulk ice storage; 21) insulation application business; 25) linen and towel service; 27) mattress manufacturing or mattress renovation; 29) mini-warehouses; 32)pest control businesses; 39) sheet metal shop; and, 41) spray painting shop. 8� -� City of Southlake, Texas * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. V*140, * 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, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment cc: Richard Andrews, Sun Coast Architects VIA FAX: ABOVE F.C. LeVrier, Sun Coast Architects VIA FAX: ABOVE Pi Systems VIA FAX: ABOVE NACOMMUNITY DEVELOPMENT\WP-FILES\REV\99\99105SP2.DOC S�-8 City of Southiake, Texas TREE PRESERVATION ANALYSIS (NON-RESIDENTIAL DEVELOPMENT) Case: 99-105 Date of Review: 10-21-99 Number of Pages: 1 Project Name: Pi Systems (Rezoning—Site Plan) OWNER: PREPARED BY: Pi Systems Sun Coast Architects, Inc. 1211 / 1213 Timberline Ct. 2379 N. Carroll Rd. Suite 200 Southlake, TX 76092 Southlake, TX 76092 Phone: Phone: (817) 424-4277 Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT(817)481-5581 EXT. 848. TREE PRESERVATION COMMENTS: • At the time of inspection for a Permanent Certificate of Occupancy all protected trees intended to be preserved must be in a healthy condition and the development must have met all reuirements of the Tree Preservation Ordinance as determined by the Landscape Administrator. * PRESERVED TREE: A protected tree shall be considered to be preserved only if a minimum of 75% of the critical root zone is maintained at undisturbed natural grade and no more than 25% of the canopy is removed due to building encroachment. * All area within public R.O.W., public utility or drainage easements as shown on an approved Final Plat, and the fire lanes, required parking areas and area within (6') of the building foundation as shown on an approved Site Plan shall be exempt from the tree protection and replacement specified in the Tree Preservation Ordinance. * All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this lot. 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'k � f�i'�',s,.'L�7 7` SY,�I�IC',(. yy,r • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-320 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 1B14, 1B15, 1B6E, AND 1B6F SITUATED IN THE HARRISON DECKER SURVEY, ABSTRACT NO. 438, AND BEING APPROXIMATELY 0.892 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "MH" MANUFACTURED HOUSING DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals L:\CITY MANAGER OFFICE\CITY DOCS\ORD\CASES\480-320.DOC Page 1 L A -!6 and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "MH" Manufactured Housing 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 LACITY MANAGER OFFICE\CITY D0CS\0RD\CASES\480-320.DOC Page 2 SA-I-1 throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there �r 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, L:\CITY MANAGER OFFICE\CITY DOCS\ORD\CASES\4W320.DOC Page 3 8A—'V 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 11314, 11315, 1136E, and 1136E situated in the Harrison Decker Survey, Abstract No. 438, and being approximately 0.892 acres, and more fully and completely described in Exhibit "A" from "MH" Manufactured Housing District to "S'-P-1" Detailed Site Plan District with "I-1" Light Industrial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit"C." 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. 1%. 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 LACITY MANAGER OFFICE\CITY DOCS\ORD\CASES\480-320.DOC Page 4 Q VA-icf avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. L:\CITY MANAGER OFFICE\CITY DOCS\ORD\CASES\480-320.DOC Page 5 V A,2,0 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. L:\CITY MANAGER OFFICE\CITY DOCS\ORD\CASES\480-320.DOC Page 6 8A-2-' PASSED AND APPROVED on the 1st reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CITY MANAGER OFFICE\CITY DOCS\ORD\CASES\480-320.DOC Page 7 gfA-LZ EXHIBIT "A" BEGINNING at al/2" iron found for the Northeast corner of the herein described tract, said point being by deed calls in a deed recorded in Volume 4307, Page 652, N. 890-55'-23" E. 1096.1 feet and S.00-11'-21" E. 363.39 feet from the Northwest corner of a called 67.15 acre tract as described in the last referenced deed, said point also being called S. 00-11'-21" E. 363.93 feet from the South line of Continental Boulevard; THENCE S.00-12'-43"E. 158.34 feet to a 1/2" iron found at the Southeast corner of the herein described tract, being the Southeast corner of the tract described in Volume "iS12, Page 2128, above referenced; THENCE N. 890-45'-13" W. 245.58 feet to a capped iron found in the East line of Timberline Drive; THENCE N. 00-01'-18', W. 158.33 feet along said East line 158.33 feet to a 1/2" iron found in same for corner, said point being the Northwest corner of the tract described in Volume 8044, Page 283, above referenced; THENCE S. 890-45'-16" E. 245.05 feet to the POINT OF BEGINNING and containing 38841 +/- square feet = 0.892 acres. This tract is subject to the Dallas-Fort Worth Regional Airport Zoning Ordinance No. 71-100 recorded in Volume 7349, Page 1106, DRTCT. LACITY MANAGER OFFICE\CITY DOCS\ORD\CASES\480-320.DOC Page 8 8A 23 EXHIBIT "B" SWal')UNFIOD 1NVN1JV1'3)4V1H1nOS III IHnoo 3NI12139WII Uzi,/LLZL Sw;a1SAS Ell, !d U Ll 24� ..Usti pit. o u gm zjz; !�a 7 '1�14 my SRI W, fig it x .f g -41 Phu ii -3 t,i i c 9 :At a_.h fi k ze -M2 if r1o.)3N11d38v411 lu. LACITY MANAGER OFFICE\CITY DOCS\ORD\CASES\4W320.DOC Page 9 OA-2,q EXHIBIT "C" This page reserved for the approved City Council motion. PP Y L:\CITY MANAGER OFFICE\CITY DOCS\ORD\CASES\480-320.DOC Page 10 8d/\—2-4�;- City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 716 SUBJECT: Resolution 99-90, Allowing the City to Accept Proposals from and Award a Depository Contract to a Texas Financial Institution Outside the City Limits of Southlake Action Requested: Approval of the attached resolution. Background Information: The City's current bank depository contract will expire on February 1, 2000. Within the next week, staff will be sending Request for Proposal forms to financial institutions to solicit proposals for depository services. To insure the City obtains high quality banking services at a reasonable cost, the following criteria will be used to evaluate the proposals: 1.) Ability to perform and provide the required and requested services; 2.) Cost of banking services; 3.) Completeness of the bid; 4.) Funds availability; 5.) Interest rates paid on accounts, deposits and investments; 6.) Earnings credit on account balances; 7.) Financial strength; 8.) Convenience. In order to obtain optimum depository services, staff will be sending proposals to area banks both inside and outside the City limits. Legislation requires that Council formally state in writing, its intent to solicit and consider proposals for depository services outside the corporate limits of the City. Financial Considerations: None Citizen Input/ Board Review: None required Legal Review: The city attorney's office has reviewed this resolution. Alternatives: Modification of resolution or disapproval. � A-I Billy Campbell, City Manager December 3, 1999 Page 2 fir.. Supporting Documents: Attached Resolution No. 99-90 Staff Recommendation: Approval of the attached resolution. Approved for Submittal to City Council: A411- 3�ity nager's Office q A-A RESOLUTION NO. 99 -90 A RESOLUTION OF THE CITY COUNCIL PERMITTING THE CITY TO CONSIDER ACCEPTING PROPOSALS FROM AND AWARDING A BANK DEPOSITORY CONTRACT TO A FINANCIAL INSTITUTION CONDUCTING BUSINESS OUTSIDE THE CITY LIMITS OF SOUTHLAKE IF THE FINANCIAL INSTITUTION MAINTAINS A PLACE OF BUSINESS WITHIN THE STATE OF TEXAS WHEREAS, the City of Southlake, Texas desires to obtain bank depository services for City funds at a financial institution; additionally, the City desires to obtain high quality banking service at a reasonable cost using the following criteria for selection: 1.) Ability to perform and provide the required and requested services; 2.) Cost of banking services; 3.) Completeness of the bid; 4.) Funds availability; 5.) Interest rates paid on accounts, deposits and investments; 6.) Earnings credit on account balances; 7.) Financial strength; 8.) Convenience. WHEREAS, obtain the desired banking depository service, the City would like to solicit proposals from area financial institutions outside the corporate limits of the City of Southlake. WHEREAS, the City is now required to state its intent to solicit proposals outside the corporate City limits per legislation in the Local Government Code Sec. 105.011. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THAT: Section 1. All of the above premises are true and correct and are hereby incorporated into the body of this resolution as if copied in its entirety. Section 2. The City is hereby declaring its intent to solicit depository proposals from financial institutions inside and outside the corporate limits of the City of Southlake, if the financial institution maintains a place of business in the State of Texas, and it may select as its depository a Texas financial institution doing business inside or outside the corporate limits of the City of Southlake. Section 3. This resolution shall become effective from and after the date of its passage. PASSED AND APPROVED THIS THE DAY OF , 1999. ATTEST: Rick Stacy, Mayor Sandra L. LeGrand, City Secretary City of Southlake, Texas MEMORANDUM November 30, 1999 TO: Billy Campbell, City Manager FROM: Greg Last, Director of Economic Development SUBJECT: Authorize the Mayor to approve a Scope of Service Agreement with the Southlake Chamber of Commerce for 1999-2000. Action Requested: Approval of the FY 99-00 Scope of Services Agreement with the Southlake Chamber of Commerce. Background Information: Attached is an Agreement for Service with the Southlake Chamber of Commerce for fiscal year 1999-00, basically identical to agreements of prior years. The agreement identifies the various services the Chamber provides to the benefit of Southlake in exchange for the monthly payment of$1,250. The Chamber provides various services that are not listed in the agreement including fielding numerous questions on a daily basis regarding city services, such as who does one contact to have water turned on, and conducting a business retention and expansion program that is continuing to evolve. Financial Considerations: The approved budget amount of $15,000 / year would be made in monthly payments of$1,250. Citizen Input/ Board Review: None Legal Review: The attorneys have reviewed the agreement. Alternatives: Denial or revised approval. Supporting Documents: Agreement is attached Staff Recommendation: Recommend approval per the approved budget. Approved for Submittal to City Council: J, City Manager's Office Ih /� � 1 f� AGREEMENT FOR SERVICE 0... STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and the Southlake Chamber of Commerce (hereinafter referred to as "Chamber") a nonprofit corporation operating in Southlake, Tarrant County, Texas as an organization described in section 501(c) 6 of the Internal Revenue Code, acting by and through its duly authorized President. WHEREAS, the purpose of the Chamber is to promote the economic, cultural, and civic welfare of the City of Southlake by encouraging the growth of existing businesses and industries, and assisting new firms and individuals in locating to the city while maintaining the highest professional and social standard; and WHEREAS, the City and the Chamber desire to enter into an Agreement whereby the Chamber will provide various services for the benefit of the City; NOW, THEREFORE, KNOW ALL BY THESE PRESENT: That the City and the Chamber do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES The scope of Service shall include: Chamber 1. Provide assistance with the periodic Business Survey which is mailed with a letter and questionnaire, one follow-up postcard, second follow-up letter and questionnaire; applicable copying; postage on the three mailouts and pre-stamped envelopes; and assembly. All letters will be printed on Chamber letterhead and distributed by the Chamber. In 2000, approximately 800 businesses will be surveyed. 2. Provide complimentary copies of annual Chamber Community Directory that is mailed to all Postal Patrons within the City. In 1999, over 6,937 directories were mailed out of the 15,000 produced. Each directory is mailed in a pre-printed envelope. Also, approximately 800 Community Directories are provided to several city facilities for distribution. 3. Provide a complimentary Information Packet to prospective residents on request. In 1998, the Chamber assembled and mailed 318 packets and handed out approximately 150. 4. Work cooperatively with City to produce a city map, distribute to all postal patrons with the chamber directory and provide copies for distribution to all city facilities. Approximately 15,000 will be produced. 5. Provide city representation at various meetings, often as the sole city representative. 1 0 N- Z r 6. Organize the Leadership Southlake program (approximately 25 people) by selecting and `�.. working with the program facilitator, organizing presentations, and providing meals and materials. 7. Facilitate and participate in various community activities: e.g. Drug and Alcohol Awareness Committee, Family First night out, etc. 8. Provide information for and jointly participates in representing the city at Trade Shows and other marketing opportunities. City 1. Provide staff liaison that offers guidance and information to Chamber as needed. 2. Provide monthly report on activities impacting the City and its economic health and development. 3. Have city representative attend monthly Chamber board meetings. SECTION 2 CHAMBER OPERATIONS 1. Hours of Operation shall be solely defined by Chamber. 2. The City shall have the right to review the books and records kept incident to the services provided by Chamber to the City. SECTION 3 PAYMENT FOR SERVICES City agrees to pay to Chamber the sum of Fifteen Thousand Dollars ($15,000) per year, or One Thousand, Two Hundred Fifty Dollars ($1,250), each month, in payment for services described in Section 1 hereinabove. 2 SECTION 4 TERM OF AGREEMENT The term of this agreement shall be for a period of one (1) year beginning October 1, 1999 and ending September 30, 2000. IN WITNESS WHEREOF the City and Chamber have executed this agreement as of this day of , Approved as to legal form and adequacy: Attorney at Law Mayor, City of Southlake Chair, Southlake Chamber of Commerce N.IEcondevW GENCIESI COCUgreementl1999-00-agr-OI.DOC 3 Iolr-y City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 757) SUBJECT: Authorize the Mayor to enter into Amendment #3 with Cheatham and Associates for architectural and engineering services relating to the proposed improvements at Bob Jones Park Action Requested: City Council consideration to authorize the Mayor to enter into Amendment No. 3 with Cheatham and Associates for architectural and engineering services relating to the proposed improvements at Bob Jones Park Background Information: On March 17, 1997 the City entered into an agreement with Cheatham and Associates for engineering services relating to field work and site planning (surveying, grading plan, drainage analysis) at Bob Jones Park. Amendment No. 1 to the contract was entered into on June 2, 1997 with the scope of services including construction plans and contract documents for the parking lots and drives, soccer fields, water lines, drainage swales, landscaping, irrigation, and fencing. Construction on these items has been completed at a cost of$1,057,000. On March 5, 1998 Amendment No. 2 was entered into with the scope of services including the preparation of construction plans and contract documents for the fishing dock/pavilion, trail system, additional practice fields, picnic tables and grills, playground and related irrigation and landscaping. These plans are currently being developed. The proposed Amendment No. 3 (attached) includes a listing of the planned design items. These design items were also presented to the Parks and Recreation Board at their August 9, 1999 meeting and to SPDC at their August 23, 1999 meeting. The design items are preliminary in nature and can be modified pending the discussion of the Parks Five (5) Year CIP by the Parks Board and SPDC, as well as, the relationship of the design components to the grant awarded by the Texas Parks and Wildlife Department. The proposed Amendment utilizes a flat fee of 6.8% for engineering and design and 3% for surveying services for a total fee of 9.8% based on the construction budget. The engineering fees are consistent with previous contracts. Financial Considerations: SPDC approved an additional $1,810,000 for Bob Jones Park Development in the FY 2001 Parks Capital Improvement Budget at their November 1, 1999 meeting. Based upon this amount, as well as Bob Jones Park components Billy Campbell, City Manager December 3, 1999 Page 2 previously budgeted in the FY 1999 Parks CIP but not currently under contract for design ($231,500), the proposed architectural and engineering services, based on a flat rate of 9.8% of the design budget would be $177,380. BUDGET ■ Project Budget FY 1999 $ 231,500 (components not under contract for design) ■ Project Budget FY 2001 $1,810,000 $2,041,500 EXPENDITURES ■ Project Design Budget $1,810,000 ■ Architectural/Engineering Fee (9.8%) $ 177,380 ■ Corps of Engineer - Tree Mitigation $ 50,000 ■ Soil Analysis/construction testing $ 4,120 $ 2,041,500 Citizen Input/ Board Review: A presentation outlining the current and proposed development of Bob Jones Park was given to the Parks and Recreation Board at their August 9, 1999 meeting. The same presentation was also provided to the SPDC at their August 23, 1999 meeting. The Parks and Recreation Board recommended approval of Amendment No. 3 for architectural and engineering services regarding proposed improvements at Bob Jones Park at their October 11, 1999 meeting on Consent agenda (7-0). SPDC approved Amendment No. 3 for architectural and engineering services regarding proposed improvements at Bob Jones Park at their November 1, 1999 Special Meeting on Regular agenda (7-0). The Board stipulated in the motion that the total construction budget for this amendment was limited to the additional $1,810,000, and that the fees for Cheatham and Associates will not exceed 6.8% for engineering and design services, and 3% for surveying. SPDC also suggested that the Parks and Recreation Board review the scope of the project at their December 14, 1999 meeting for potential reductions. This discussion was tabled pending planned further discussion by SPDC of the Parks Five (5) Year CIP at their December 6, 1999 meeting. Legal Review: The City Attorney has reviewed Amendment No. 3 for architectural and engineering services regarding proposed improvements at Bob Jones Park. Billy Campbell, City Manager December 3, 1999 Page 3 Alternatives: Alternatives include the following: ■ Choosing to withhold authorization to enter into Amendment No. 3 with Cheatham and Associates pending a final determination on the scope of the project. ■ Rejecting authorization to enter into Amendment No. 3 with Cheatham and Associates, and requesting that staff investigate other firms to provide services. Supporting Documents: Supporting documents include the following items: ■ Copy of Amendment No. 3, a Proposal for architectural and engineering services regarding the proposed improvements at Bob Jones Park. Staff Recommendation: Place as an item on the December 7, 1999 City Council agenda to consider Amendment No. 3 with Cheatham and Associates to provide architectural and engineering services regarding the proposed improvements at Bob Jones Park. Yt KH • CHEATHAM AND ASSOCIATES October 28, 1999 Mr. Steve Polasek Deputy Director of Community Services City of Southlake 400 North White Chapel Southlake, Texas 76092 Re: Amendment No. 3 to Proposal for Engineering Services Regarding Proposed Improvements at Bob Jones Park Cheatham and Associates is pleased to submit to the City of Southlake this amendment to our original proposal for professional services,dated March 17, 1997. There are several additional items which need to be designed which are in addition to the scope of work of the original proposal, and the first two amendments. These additional items include but are not limited to: Proposed Design Items: • Pond#2 with well and water feature • Park signage • Day camp facilities • Amphitheater with electric, irrigation and turf • Loop road with parking • Phase I - Restroom/Concession Building • Pump house building enhancements • Storm drain headwall enhancements • Pond #1 water discharge feature • Continuation of pipe rail fencing • Phase II - Restroom Building • Parking lot and roadway lighting • Phase II - Front Entrance with landscape and irrigation • Phase I - Drainage Improvements • Phase I - Parking Lot Surface Coat • Utilities (Nature Center, Phase I and II Restrooms) • Additional practice fields (6) irrigation/turf ** Turf would consist of common bermuda hydramulch. ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Stti 200 'r ton, Texas 76011 81711548-0696 • Nletro 817/265-8532 Mr. Steve Polasek October 28, 1999 City of Southlake pace 2 ,�F b The items listed above are required to provide the type park facility which will accommodate the public to visit the park and enjoy the amenities,but also provide a safe and comfortable environment for park visitors. Therefore, we hereby propose to perform the necessary field work, and prepare construction plans and specifications for the additional items. The scope of services is as follows: Preliminary Design: 1. Visit with members of your staff,to discuss our design concept,and overall approach to the project. Make any changes deemed necessary prior to proceeding into final design. 2. Prepare preliminary building, water, sewer, grading, street, drainage, and site plans for review by your office and discussion with City Staff. 3. Prepare a preliminary calculation of excavation and fill to determine how the earthwork balances. 4. We will provide your office with a preliminary-summary of our design assumptions, city requirements,and any additional information which may be necessary to finalize Construction Plans. 5. Provide a preliminary cost estimate of all proposed improvements. Final Design: 1. Prepare final Construction Plans and Specifications for all improvements,including but not limited to,water,sewer,street,grading,parking,drainage,and park facilities. 2. Provide your office with a reproducible copy of all civil improvements. 3. Assist your staff in processing these plans through the City of Southlake, to obtain approval of all plans for which we are responsible. 4. Make necessary revisions to satisfy the City requirements. 5. Provide a quantity take-off, in proposal form, for civil improvements to be incorporated in the contract documents. Construction Phase: 1. We will be available during the bidding process to answer any questions regarding plan interpretation. and will assist if addendums are required. /61440 Mr. Steve Polasek October 28, 1999 City of Southlake Page 3 2. Periodic on-site visits will be made during construction by the design engineer,or as deemed necessary by your office, to assist you in contractor discussions. 3. We will provide assistance in conducting the final inspection and will be available, if your office has any questions regarding the materials or workmanship of the contractor. SCHEDULE The engineering and surveying work described within this proposal will be completed and ready for bidding by March 15, 2000. FEES We will provide all the services and products described in the scope of services including all design surveys, engineering, preparation of construction plans and specifications, preparation of construction cost estimates,contract administration,and periodic visits during construction,and as- built plans for a flat fee of 9.8%of the construction budget to be established by the City and included as an attachment to this amendment prior to beginning any design work. The fee of 9.8%relates to 6.8% for engineering and design, and 3.0% for surveying services. Please note that all direct expenses, such as travel and printing, are included in the above fees. The fees cover only that work specified in the proposal. It does not include; Soil testing Other testing involving outside laboratory services Revisions to material prepared beyond that specified in proposal No final grade staking - this to be provided by Contractor The above listing of services,or others not included in the basic fees,may be added to our agreement at your request and approval of estimated costs or rates. TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. If this amendment to our proposal meets with your approval,please indicate by signing in the space provided below. Please do not hesitate to call should you have any questions. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, Eddie Cheatham, P.E. F:WORD`,PROPOSAL`,SOUTHLAK\BJP-Amend3.wpd Mr. Steve Polasek October 28, 1999 City of Southlake Page 4 ti.. Authorization to Proceed: Accepted this day of , 1999 By: Title: F.\WORD\PROPOSAL\SOUTHLAK\BJP-Amend3.wpd City of Southlake, Texas MEMORANDUM December 1, 1999 i To: Billy Campbell, City Manager From: Ron Harper, Director of Public Works Subject: Authorize Installation of 4-way stop signs at Brumlow/South Carroll and Continental Action Requested: Authorize the Director of Public Works to install 4-way stop signs at the intersection of Brumlow/South Carroll and Continental Background The City has received several requests to install 4-way stop Information: signs at this location. When South Carroll Avenue and Brumlow Avenue were realigned to form a complete intersection, a sight distance concern was created on Continental. Since the completion of this intersection there have been several accidents that "may" have been able to be prevented with a 4-way stop. A study was done by Lee Engineering in June, 1999. Traffic counts done at this time did not warrant a 4-way stop; however, the engineers concluded that "While multi-way stop signs are not warranted at this intersection at this time, it is recommended that multi-way stop signs be installed in consideration of the anticipated traffic volume increase at this intersection and the limited sight distance available for stopped traffic on Carroll Avenue." Per City Ordinance the Director of Public Works is authorized to install any traffic control devices that are warranted. Past practice has been to bring non warranted, but legitimate, installations; and sensitive installations to City Council for consideration and approval. Financial Considerations: None. 10C-1 i City of Southlake, Texas I Citizen Input/ Board Review: None. t Legal Review: None. I Alternatives: The alternative is to not install the 4-way stop signs. Supporting Documents: None. Staff Recommendation: Place this item on the December 7, 1999 City Council meeting agenda for consideration. i Ro er Director of Public Works I 1OC-2 City of Southlake, Texas i i i MEMORANDUM December 3, 1999 To: Billy Campbell, City Manager From: Ron Harper, Director of Public Works Subject: Developer Agreement for Phase 2, Town Square Action Requested: Authorize the Mayor to enter into a Developer Agreement for Block 10, Town Square Background Block 10 of Town Square is located on North Carroll Avenue Information: directly across from Southview subdivision. This block contains the new US Post Office and several commercial buildings. The attached developer Agreement is similar to our standard agreement and to the agreement used for Phase 1 of Town Square. Several items need to be highlighted: • IV.0—PARK FEES - The Phase 1 Developer Agreement allowed for a Park carryover credit of 0.9 acres. The park dedication requirements for this block are 0.16 acres and the Developer wishes to apply this to his carryover, resulting in a carryover balance of 0.74 acres. • IV.E—CITY'S PURCHASE OF LAND AND RIGHT-OF- WAY—In the Phase 1 development the city agreed to reimburse the Developer for cost of public infrastructure at the 40% level. These costs have been identified in the TIF project plan for all phases of this project. The Developer is seeking reimbursement of infrastructure costs of 40%, not to exceed$500,000 for this phase. This reimbursement is subject to a City audit of all construction costs and contracts. • IV.H—NORTH CARROLL AVENUE RELOCATION AND WIDENING—The Developer has incurred roadway impact fees for Phase 1 and block 10 of approximately $271,000. In lieu of payment of these fees, the Developer 1 OD-1 City of Southlake, Texas has proposed to continue the reconstruction and widening of North Carroll Avenue to a point north of this project. The advantages to the City are Construction of a roadway at a possible cost less than we can construct it for. The Developer is requesting credit against current and future roadway impact fees up to the cost of construction. These costs would be audited and a credit balance would be maintained and tracked. Financial The Developer is seeking credit of roadway impact fees Considerations: for existing and proposed buildings within Town Square up to the cost on construction of North Carroll. This credit is expected to reach approximately $300,000 and may carryover into future buildings and phases. The current fees accrued are approximately $271,000. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: Approve the Developer Agreement as presented or modify any of the provisions. Supporting Documents: Developer Agreement Staff Recommendation: Staff recommends that this item be placed on the December 7, 1999 agenda for consideration. VnH4 Director of Public Works 10D-2 SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPERS 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 a commercial development known as Southlake Town Square - Phase 2, " to the City of Southlake, Tarrant County, Texas, (more particularly described in Exhibit A attached hereto, hereinafter referred to as "Phase 2") for the installation of certain community facilities and improvements designed to provide city services to Phase 2 and that are intended to be dedicated as public facilities, as more fully described in this agreement. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public facilities covered by this agreement. B. Developer will present to City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all public facilities to be constructed by Developer, and providing for payment to City of such amounts, up to the total remaining amounts required for the completion of Phase 2 if Developer fails to complete the work within two (2) years of the signing of this agreement. A Best-rated bonding company should approve all bonds. 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 Developer and accepted by City. Lien releases will accompany each request for reduction executed by the contractors performing the work. A performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. Developer agrees to furnish to City maintenance bonds, letters 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, letters of credit or cash escrow will be issued prior to the final City acceptance of Phase 2 and will guarantee for a period of two (2) years that all public facilities covered by this agreement will be free of defects or failures due to materials or workmanship. The maintenance bonds, letters of credit or cash escrow will be issued on behalf of the contractors performing the work, and City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to the public facilities shall be vested in City, and upon dedication by Developer and acceptance by City, Developer relinquishes any right, title, or interest 10D-3 in and to the public facilities or any part thereof. It is further understood and agreed that until City accepts the public facilities, City shall have no liability or responsibility in connection with any such facilities. City shall accept the facilities upon their completion in accordance with the approved plans and specifications. Acceptance of the public facilities shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgment that all public facilities are complete, have been inspected and approved and are being accepted by City. Developer agrees to transfer fee simple title to City by general warranty deed to all street rights-of-way and other property upon which public facilities are constructed. E. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, 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, for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. City agrees to bear the expense of: a. All nuclear density tests on the roadway sub grade (95% Standard); b. Technician's time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. City can delay connection of buildings to service lines or water mains constructed under this agreement until said water mains and service lines have been completed to the satisfaction of and accepted by City. F. Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in Phase 2 that have not SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 2 12/2/99 4:00 PM 10D-4 been sold to third parties. After fifteen (15) days written notice, should Developer fail in this responsibility, City may contract for this service and bill Developer for ��- reasonable costs. Such amount shall become a lien upon all real property of Phase 2 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 Developer or a Contractor on a form other than the one which has been previously approved by City as "acceptable" shall be submitted to the City Attorney for City and this agreement shall not be considered in effect until the City Attorney has approved the instrument. Approval by 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 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 with City regardless of such company's authorization to do business in Texas. Approval by City shall not be unreasonably withheld or delayed. I. Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of City. The approved Development Regulations for Phase 2 are attached hereto as Exhibit C. J. Developer agrees that Phase 2 improvements will be constructed in conformance with the Site Plan attached hereto as Exhibit D (hereinafter referred to as the "Site �... Plan") and any construction plans and other permits or regulatory authorizations approved and/or granted by City during the development review process. II. PUBLIC FACILITIES: Developer will install the public facilities in accordance with the approved plans and specifications. Developer will provide all construction period funding for construction costs, materials and engineering of the public facilities. The following additional terms will apply: A. ON SITE WATER: Developer hereby agrees to install water facilities to service lots as shown on the Final Plat of Phase 2 attached hereto as Exhibit B. Water facilities will be installed in accordance with plans and specifications to be prepared by Developer's engineer and released by City. Further, 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, City will reimburse Developer for the oversize cost greater than the cost of an 8" line. Additionally, City agrees to provide temporary water service at Developer's request and expense, for construction, testing, dust control and irrigation purposes, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 3 12/2/99 4:00 PM 10D-5 Developer will construct a 20" water line and a 12" water line as part of Phase 2 improvements as shown on the approved construction plans. City will reimburse Developer for the cost of oversizing these lines from 8" to 12" and 20", respectively. B. DRAINAGE: Developer agrees to construct the necessary drainage facilities within Phase 2. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, and made part of the final plat as approved by the City Council. 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 City, or that may be modified by the EPA. C. STREETS: If applicable, the street construction in Phase 2 shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by Developer's engineer and released by the City Engineer. 1. Developer will be responsible for: a) Installation and two year operation of street lights; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by Developer and approved by City in accordance with City ordinances; c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by an engineering study performed by Developer's engineer and reviewed by the Director of Public Works. 2. All street improvements will be subject to inspection and approval by 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 facilities 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 paving 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 Developer and 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. 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 City to make such utility change in a manner that will be least disruptive to street construction or stability. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 4 12/2/99 4:00 PM 1OD-6 D. ON-SITE SANITARY SEWER FACILITIES: Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of Phase 2. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by Developer's engineer and released by City. Further, 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. E. EROSION CONTROL: During construction of Phase 2 improvements and after the streets have been installed, Developer agrees to keep the streets free from soil build-up. Developer agrees to use soil control measures such as hay bales, silt screening, hydro mulch, etc., to prevent soil erosion. It will be Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for Phase 2. 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 Developer, Developer will have seventy-two (72) hours to clear the soil from the affected areas. If Developer does not remove the soil within 72 hours, City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at Developer's expense. All fees owed to City will be collected prior to acceptance of Phase 2. Developer shall obtain, prior to start of construction, a NPDES permit from the EPA and shall provide this permit to City. Developer shall be solely responsible for insuring compliance with all EPA regulations for erosion control and storm water management. F. USE OF PUBLIC RIGHT-OF-WAY: 1. It is understood by and between City and Developer that the public facilities covered by this agreement provide unique amenities within public right-of- way, such as landscaping, irrigation, lighting, etc., for the enhancement of the addition. Developer agrees to maintain these amenities until the public facilities are dedicated to and accepted by City. 2. City shall permit building projections into public easements and street right- of-way consistent with the Site Plan. Developer shall maintain all such projections in a safe and non-injurious manner and agrees to indemnify and hold harmless City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third persons occasioned by its use of the public right-of-way with regard to such projections and Developer shall, at its own cost and expense, defend and protect City against all such claims and demands. Developer (or assignees) shall provide annual evidence of liability insurance to City. City shall be informed by the insurance company of any lapse or cancellation of such liability insurance. (Projections shall be as defined in the Development Regulations, Section 4.0.) SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 5 12/2/99 4:00 PM 10D-7 3. City will maintain all streets, sidewalks, utilities, and other public facilities from and after the date of dedication of and acceptance by City of such improvements. G. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to City in the name of City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by City to be paid to City. 4. This agreement shall have been executed. 5. Developer, or Contractor shall furnish to City a policy of general liability insurance. 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 THE PUBLIC FACILITIES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, 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. B. Venue for any action brought hereunder shall be in Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by Developer pursuant to this agreement shall not SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 6 12/2/99 4:00 PM 10D-8 constitute or be deemed to be a release of the responsibility and liability of 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 City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies City's approval on only the general design concept of the improvements to be constructed. In this connection, Developer shall for a period of two (2) years after the acceptance by City of the completed construction project, indemnify and hold harmless 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 Developer shall defend at his own expense any suits or other proceedings brought against City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to employ a construction contractor who is approved by City, which 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 on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, Developer, or Contractor shall furnish the payment and performance bonds in the name of City prior to the commencement of any work hereunder and shall also furnish to City a policy of general liability insurance. F. Work performed under this 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, 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, City may agree to renew the agreement with such renewed agreement to be in compliance with City policies in effect at that time. G. Prior to final acceptance of Phase 2 improvements, Developer shall provide to City three (3) copies of Record Drawings of this project, showing the public facilities as actually constructed. In addition, Developer shall provide electronic files in a .dxf format showing the sanitary sewer plan and profile, storm drain plan and profile, street plan and profile, and water line plan. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 7 12/2/99 4:00 PM 10D-9 IV. OTHER ISSUES: A. OFF-SITE DRAINAGE: Developer has agreed to design on-site storm water systems so that there is no increase in storm water volume from Phase 2. In the event that Developer, with City's review and approval, chooses to modify this design, then Developer shall contribute to off-site improvements within the Southlake Town Square development as needed to increase the capacity to handle the increased volume. B. OFF-SITE SEWER AND WATER FEES: There are no off-site sewer, off-site drainage, or off-site water structures required for Phase 2. C. PARK FEES: Park dedication requirements applicable to Phase 2 are 0.16 acres. Developer has carried forward a 0.9 acre credit from Phase I, and is entitled to apply such credit to Phase 2 park dedication requirements. Developer shall be allowed to carry forward a 0.74 acre credit to future phases of development after the application of such credit. D. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A (and any amended versions). E. CITY'S PURCHASE OF LAND AND RIGHT-OF-WAY: In connection with the development of Southlake Town Square, City has created a Tax Increment Reinvestment Zone No. 1 (the "TIRZ") to promote the development of a "downtown" area of City and to provide for funding in connection with the construction and purchase of certain public facilities. Because Southlake Town Square will serve as City's "downtown" area, City deems it necessary to obtain fee simple title to all street rights-of-way and real property upon which public facilities will be constructed. Developer will convey the above property located within Phase 2 to the City by general warranty deed. In consideration for such conveyance, City agrees to pay Developer, subject to the conditions and limitations set forth in Section IV.F. below, forty percent (40%) of the cost of all public streets, sidewalks, landscaping and associated streetscape improvements identified on Exhibit E, not to exceed $500,000.00; provided, however, any costs over $500,000.00 shall be at Developer's sole expense. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 8 12/2/99 4:00 PM 1OD-10 F. PAYMENTS TO DEVELOPER: 1. City's payment obligations under Section IV.E. are expressly contingent upon: a. City's participation in the TIRZ; b. the dedication by Developer and acceptance by City of all public facilities; C. completion by Developer of the initial four (4) buildings in Phase 2, containing not less than 35,000 gross square feet of building area, identified as Lot 1 on Exhibit D; d. the issuance of certificates of occupancy for eighty percent (80%) of the retail users within the 35,000 gross square feet identified in Paragraph IV.F.I. above and; e. the availability of funds from: i) incremental real property tax revenues within the TIRZ (the "TIRZ tax revenues"); ii) incremental business personal property city tax revenues generated within Phase 2 (the "personal property tax revenues"); and iii) incremental 1% City General Fund sales tax revenues generated within Phase 2 sufficient to meet obligation as described below. 2. The City's payments to Developer for the rights-of-way and real property described above shall be met from available TIRZ tax revenues after payment of the annual debt service for the Joint Use Facility described in Section IV.J. below, commencing with the tax year beginning January 1, 2000 (fiscal year ending September 30, 2001). However, should there be insufficient TIRZ tax revenue from Southlake Town Square to meet the payment obligations to Developer under Phase 1 and Phase 2 after payment of the annual debt service for the Joint Use Facility, a combination of the TIRZ tax revenues, the personal property tax revenues, and sales tax revenues from Phase 1 and Phase 2 will be used for the payment to Developer of the aggregate purchase price of$4,000,000 from Phase 1 and $500,000 from Phase 2. a. These payments are anticipated to be made until September 30, 2019, or until the purchase price of the $500,000 is paid. b. In the event the City wishes to accelerate repayment of this amount, it shall be based upon the principal amount outstanding at that time. The amortization schedule shall be jointly agreed upon by City and Developer and approved by ,. separate agreement. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 9 12/2/99 4:00 PM 10D-11 .�. C. If annual revenues received from the three taxing streams (the TIRZ tax revenues, the personal property tax revenues, and the sales tax revenues) are not sufficient to cover the debt service for the Joint Use Facility, no payment shall be made to Developer for that year. d. After payment of debt service for the Joint Use Facility, the remaining revenues from the three taxing streams identified above shall be dedicated to payment to Developer, not to exceed the annual debt service payment described in the amortization schedule agreed upon by City and Developer. 3. If an initial certificate of occupancy is not issued for Phase 2 within two (2) years from the date of execution of this agreement, City's obligation will be null and void and City should be released from any obligation to make the payments provided above. G. CHANGE IN USE: In the event that City determines to change the use of any real property in Phase 2 which is purchased pursuant to this agreement for street rights-of-way, any design of structures shall be subject to the review and approval of the Subdivision's Architectural Review Committee ("ARC") pursuant to the Southlake Town Square Covenants, Restrictions and Easements. H. NORTH CARROLL AVENUE RELOCATION AND WIDENING: The Site Plan includes the extension of the FM 1709 to Prospect Avenue section of North Carroll Avenue from north of Prospect Avenue to north of Federal Way, in accordance with the preliminary layout attached hereto as Exhibit F. Terms of such relocation and widening shall be as follows: 1. Developer has dedicated the land shown on the recorded Final Plat to allow for construction of the road improvements. City will acquire all other necessary easements or rights-of-way from adjacent landowners. Developer will cooperate with City in obtaining the consent of such adjacent landowners. 2. Developer will employ a civil engineer and other outside consultants as necessary for the design and preparation of the final plans and specifications for the extension of North Carroll Avenue pursuant to the preliminary layout attached hereto. 3. Developer will pay all construction costs and related engineering, including all earthwork, infrastructure, paving and landscaping costs associated with the North Carroll Avenue extension project. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 10 12/2/99 4:00 PM 1 OD-12 4. In consideration of Developer's construction of and payment for the North Carroll Avenue extension described herein, City will provide Developer and Developer's affiliated development companies, Southlake Venture East L.P. and Southlake Central Venture, with a fee credit in the amount of total Phase 2 impact fees past, present and future Phase I and impact fees up to a total fee credit of the cost of such construction. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 11 12/2/99 4:00 PM 1OD-13 SIGNED AND EFFECTIVE on the date last set forth below: SOUTHLAKE VENTURE WEST L.P. By: Rialto Southlake West, L.P. its General Partner By: CS Southiake, L LC its General Partner By: Brian R. Stebbins, President CS Southlake, LLC ATTEST: Notary Public: Type or Print Notary Narne: My Commission Expires: SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 12 12/2/99 4:00 PM 10D-14 CITY OF SOUTHLAKE By: The Honorable Rick Stacy, Mayor Address: 1725 E. Southlake Blvd.. Southlake Texas 76092 Date: ATTEST: By: Sandra LeGrand, City Secretary Date: SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 13 12/2199 4:00 PM 1 OD-15 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC-insured bank in a form acceptable to The City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide The City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior - to the expiration date on the L of C held by The City. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 14 12/2199 4:00 PM 1 OD-16 EXHIBIT A Being a 7.932 acre tract of land situated in the Richard Eads Survey, Abstract No. 481, located in Southlake, Tarrant County, Texas, said tract being a portion of aforesaid 70.844 acres and being more particularly described by metes and bounds as follows: COMMENCING at a called 5/8 inch iron rod in concrete found in the common East line of said Richard Eads Survey and center of North Carroll Avenue for the common Northwest corner of Southlake Town Square-Phase I, as recorded in Cabinet A, Slide 5261, Plat Records, Tarrant County, Texas (P.R., T.Co., Tx.) and Southwest corner of this tract; THENCE with said common survey line and centerline of North Carroll Avenue, North 00 degrees 11 minutes 06 seconds West 562.00 feet to a point for the Northwest corner of this tract; THENCE departing said survey line and centerline, EAST at 50.00 feet, passing a 5/8 inch iron pin set for the intersection of East line of North Carroll Avenue with the North line of Post Avenue, a proposed 40 foot wide street, in all 639.14 feet to a point for Northeast corner of intersection of North line of Post Avenue with the East line of proposed Reserve Street; THENCE with said East line of Reserve Street, SOUTH to the intersection of Northwest 'fir•- line of State Street with East line of Reserve Street at 298.11 feet to a 5/8 inch iron pin set in the present dedicated Northwest line of State Street; THENCE with said present dedicated Northwest line of State Street, South 30 degrees 00 minutes 00 seconds West 126.00 feet to an angle point in said R/W; THENCE continuing with dedicated West line of State Street, SOUTH 154.77 feet to its intersection with present dedicated North line of Prospect Street; THENCE departing the West line of State Street and with North line of Prospect Street, WEST passing a 5/8 inch iron pin set for East line of North Carroll Avenue at 524.33 feet, and continuing in all 574.33 feet to the place of beginning and containing some 7.932 acres of land. 16 . 10D-17 EXHIBIT B...-- - - ---- E; vim fit a�r ! ;!'{ t i { f,{ i { d =f�� ' { i +t! s i I ! t'tl► i { e i s'�{ s i { 8 0 z � ?=Il Ill ,1! !! ►�;` ; ; fil =t i. f � t i�I{�{ � ! � ° ,�,1 °�•�, '� !� P°�,i��t!{t•Ir i' I3Eif ilk{�Il; os''...., ti IN ' �a ' co +�. 0 CD .U3815 31VIS d_ / I t. r + I ° I fill if I 8 -----1-------------s'-- - ------'-`-'�---- - J I o ---------------- t - ------- a ! ' 3nN3AV TlOVHYD NLNON _ - -- —} T !! t w 9 �nl- I ILI -- ieo E;lsor 11 !�!31 c 1OD-18 EXHIBIT C APPENDIX 2 DEVELOPMENT REGULATIONS In this S-P-1 Site Plan District, the following development regulations and standards shall be applicable and shall control to the extent of any conflict with other development regulations in the Comprehensive Zoning Ordinance, Landscape Ordinance and Subdivision Ordinance. 1.0 Use Regulations a. Permitted Uses - Permitted uses shall be in accordance with the C-3 Zoning District, including U.S. Post Office and associated outside storage, except as otherwise provided below. b. Non-Permitted Uses: The following uses shall not be permitted: Filling stations or service stations, operating with or without a convenience store. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. Sexually oriented businesses. C. Uses Permitted by Specific Use Permit Only: The following uses shall not be permitted without a Specific Use Permit approved in accordance with Section 45 of the Comprehensive Zoning Ordinance ("Specific Use Permit"): Sale of previously owned retail goods. Electrical and gas repair and installation services, except where such services are provided incidental to the retail sale of electrical and gas appliances and supplies. Lodges, sororities and/or fraternities. Medical care facilities requiring or allowing an overnight stay, to include hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. Non mechanical penthouses intended for human occupancy. Mortuaries, funeral homes and undertakers. 2-1 10D-19 �.. Plumbing and heating appliance repair and installation services, except where such services are provided incidental to the retail sale of plumbing and heating appliances and supplies. All storage of materials must be indoors within this zoning district. 2.0 Accessory Uses - Permitted accessory uses shall be in accordance with the C-3 district. In addition, the following accessory uses shall be permitted: • outdoor dining and seating areas • street furniture, urban design fixtures and streetscape components 3.0 Development Regulations - In this S-P-1 Site Plan District, the following development regulations shall be applicable: a. Building Height: No building shall exceed one (1) story nor shall it exceed the elevation of 710 feet NGVD 1929 as specified in Ordinance 480, Section 43.9.C.1.g(i), unless specifically exempted. b. Front, Side and Rear Yards: With the following exception, no front, side or rear yard is required. Notwithstanding the foregoing, buildings along the east right-of-way of North Carroll Avenue shall maintain a minimum thirty-two (32) foot setback. No service drives or parking shall be permitted within the setback in front of a building as herein provided unless such building is setback a minimum of fifty (50) feet. In no event shall the bufferyard along North Carroll Avenue be less than twenty (20) feet. No bufferyard shall be required between lots or between a building and any public street except at North Carroll Avenue, as noted above. C. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy-nine percent (79%) of the total block area; and provided further, that the maximum impervious coverage of any individual lot may not exceed eighty-five percent (85%) of the total lot area. d. Facade Articulation: Design guidelines for vertical and horizontal articulation are set by elevations of the buildings submitted with the S-P-1 Site Plan. Any combination of buildings which are located along a single block face may be treated as a single building for purposes of applying the requirements for facade articulation set forth in Section 43.9c.I(c) of the Comprehensive Zoning Ordinance. The property owner shall provide an exhibit as appropriate with each building permit showing cumulative block facade articulation. Nothing in this paragraph shall require the retrofitting of an existing building. 4.0 Projections into Required Setback or into a Right-of-Way: The following projections shall be permitted into a required setback or landscape area or into a public easement or right-of-way, provided that i) no projection shall be permitted into a public easement or right-of-way along North Carroll Avenue; ii) such projections do not extend over the 2-2 10D-20 traveled portion of a roadway; iii) the property owner has assumed liability related to such projections; and iv) the property owner shall maintain such projections in a safe and non-injurious manner: a. Ordinary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. b. Roof eaves may project up to eighty-four(84) inches beyond the building face or architectural projection. C. Architectural Projections, including bays, towers, and oriels; show windows; below grade vaults and areaways; and elements of a nature similar to those listed; may project up to forty-two (42) inches into a required yard or beyond the building face. d. No portion of an architectural projection described in Sections 4.0a, b and c above less than eight (8) feet above the ground elevation may extend more than forty- eight (48) inches into a required yard or beyond the building face. e. Below-grade footings approved in connection with building permits. 5.0 Off-Street Parking: With the following exceptions, parking shall be provided pursuant to Section 35 of the Comprehensive Zoning Ordinance, and such required parking shall be calculated in accordance with the provisions of Section 35 (including the shared parking provisions of Section 35.2): a. On-street as well as off-street parking shall be permitted within the S-P-1 Site Plan District. b. Required parking shall be located and maintained within three hundred (300) feet of the building served, and may be located anywhere within the S-P-1 Site Plan District and/or in Blocks 2 and 3 and/or streets in the adjacent Southlake Town Square N.R.P.U.D. On-street parking and shared parking anywhere within such area may be counted toward the off-street parking requirement for the S-P-1 Site Plan District. C. Where on-street parking is permitted, angled, as well as parallel parking shall be permitted. Forty-five (45) degree angled parking shall be permitted. However, no on-street, drive, or common access easement parking shall be permitted within thirty (30) feet of the cross curb line for a cross street, drive, or common access easement. 2-3 1 OD-21 6.0 Off-Street Loading: With the following exceptions, off-street loading shall be provided pursuant to Section 36 of the Comprehensive Zoning Ordinance: a. The minimum dimension of loading spaces shall be as follows: 10' x 25' regular size space 10' x 50' large space b. The calculation of the minimum number of off-street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: 1. Number of spaces: Office Uses or oortion of building devoted to office uses: 0-49,999 sf 0 spaces 50.000- 149,999 sf 1 regular space 150,000- 249,999 sf 2 regular spaces 250,000 sf and u 3 re ular s aces Retail Uses with the following Tenant size: 0-9,999 sf 0 spaces 10,000-49,999 sf* 1 regular space 50,000-99,999 sf* 1 regular space and 1 lazes ace 100,000 sf and up* 1 2 large spaces Restaurant Uses with the following Tenant size: 0-9,999 sf 1 0 spaces 10,000 sf and u 1 re laz s ace 2. Loading spaces that are adjacent and accessible to several buildings or tenant spaces, including buildings and tenant spaces on separate lots, shall be allowed to suffice for the loading requirements for the individual buildings or tenants provided that i) the number of spaces satisfies the requirements for the combined square footages for the buildings or tenants in question, and ii) for loading spaces to be shared among separate lots, an agreement evidencing the right of tenants to the use of such spaces shall be provided. 7.0 Streets and Sight Triangles: Within the S-P-1 Site Plan District, the following street design standards shall apply: a. Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles for vehicles exiting the development for both �+�... public streets and private drives shall be provided at intersections with North Carroll-Avenue. These sight triangles shall be the triangle created by connecting 2-4 1 OD-22 a point which is ten (10) feet into the site along the right-of-way at the intersection and a point extending away from the intersection a distance of forty (40) feet along the existing roadway right-of-way line. b. For plantings within twenty (20) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance as measured from the top of the ground surface to the first branch along the tree trunk. C. Nothing contained herein shall vary or supersede public safety requirements of the City of Southlake as set forth in the Uniform Fire Code and other applicable laws, rules and regulations of the City of Southlake. 8.0 Screening - Screening shall be provided in accordance with Sections 39 and 43.9.c. of the Comprehensive Zoning Ordinance except that the following requirements shall be followed in lieu of Section 43.9.c.1(e), Section 43.9.c.2(c), Section 43.9.c.2(d) or in lieu of any other section to the contrary: a. Screens comprised of planting materials and located within bufferyards along the boundary of the S-P-1 Site Plan District shall be exempt from the architectural fencing offset requirements of Section 43.9.c.L(e). llft� b. Loading docks and loading spaces intended for tractor/semi-trailer delivery must be screened from view from any public right-of-way, utilizing the methods prescribed in Section 43.9.c.2(c); provided, however, where buildings, perimeter screen walls and/or landscaping screen a loading dock or loading space from view from public right-of-way, no additional screening shall be required around such loading dock or loading space. C. Trash Receptacles may be screened utilizing a combination of E.I.F.S. screen walls, solid gate of wood or metal and landscaping, which, in combination, provide a suitable visual barrier. 9.0 Accessory Structures —Flagpoles in support of the U.S. Post Office may extend up to but shall not exceed a height of thirty-five (35) feet when located at the northwest comer of Prospect Street and State Street. 10.0 Landscaping—Within the S-P-1 Site Plan District, the following landscape standards shall apply: a. Bufferyards — Canopy trees of not less than four (4) inch caliper shall be planted approximately thirty-five (35) feet on center. No accent trees shall be required. b. Interior Landscaping—Interior landscape shall apply in all interior, non- bufferyard areas, including parking lot areas. In street areas, landscaping shall be limited-to street trees of not less than three and one-half(3.5) inch caliper in four 2-5 1 OD-23 (4) by eight (8) foot tree wells with associated ground cover. In addition to this arrangement, the service drive areas will be supplemented with two (2) foot by four (4) foot beds with two (2) inch caliper trees and associated ground cover. These will be placed intermittently, as space allows. Calculation of interior landscape shall be computed as a ratio based on linear footage of building based on the formula"ILA=SCLF/TBLF x RILA," where "ILA" is the interior landscape required hereunder; "SCLF" is the streetscape building linear footage; "TBLF" is the total building lineal footage; and"RILA" is the interior landscape area required pursuant to the zoning ordinance. For example, where a 70' x 122' building (total building lineal footage of 384') has 122' lineal feet fronting a street and 262' facing interior areas, the calculation of interior landscape required under these Development Regulations is 122/262 or 68% of the interior landscape area otherwise required under the zoning ordinance. 11.0 Buffervards —Bufferyards shall be located within and along the western perimeter of lots adjacent to North Carroll Avenue. Except as provided above, no bufferyard shall be required within this S-P-1 Site Plan District. 2-6 1 OD-24 EXHIBIT D IAE DRAT "L IIsl! 'Am J. Al IALOCK PlIASE 2 OLCK c;I SOUIHVIEW PHASE 2 C6�80ET A. SLIDE 1!50 —Oli-IVIM PHASE 2 CARNET A. SUDE 1350 T Co 0 P..1.(:o rTj OR.T.Co T.. R O_LL_._A3LE_ 4-- ...... ... •.. LL.'. ItA . .......... .............. .... ..... . 4* V -1 Its Fb 'low 4,9 ...... .... zz it I sww 0i -vt�r el, STATE ST R E E P, Iv- Ng 61 lilt, 111111 ;vt I H 44 rn ca 0 0'n z PZ,00 z z t3 e 8p.° ? �!.•3 g � ��� o $ a,v Fn�� N�ttytl Nvmt�n v � �$ u $ 3 � xrT g & H'� > 0 rj z q 0 g 7: ir. co oza 1. In ,> A oc r ji Mcn it 3 Nil z d 0 4 oc. N cn > :A ci m Ell; 0 r O K) > (n z 0 fix -17, EXHIBIT E BECK Southlake Town Square, Block 10 GMP Site/Civil September 28, 1999 Item/Description Quantity LIM Earthwork-Excavation/Rough Grade C.Watts&Sons-Lump Sum 127.630 SF Site Clearing/Grubbing 127,630 SF Cut/Fill-Included Haul Waste Materials Off-Site-Included Erosion Control/Construction Entrances 1 LS Construction Barricades 1 LS Subtotal Earthwork Water 20"Water Line 255 LF 12"Water Line 590 LF 8"Water Line 1,475 LF 6"Water Line 80 LF 20"Butterfly Valve 1 EA 12"Gate Valve 1 EA 8"Gate Valve 2 EA 6"Gate Valve 8 EA Fire Hydrant 4 EA 20"x 8"Tapping Sleeve and Valve 1 EA 20"x 6"Tapping Sleeve and Valve 1 EA 6"Blow-Off Valve 1 EA Conned to Existing 2 EA Fittings 1.3 TN Trench Safety 2,400 LF Subtotal Water ew 8"Sewer Line 1,235 LF 4'Manhole 6 EA Extra Depth Manhole 10 VF Connect to Existing 1 EA Trench Safety 1,235 LF Subtotal Sewer Page 1 of 3 1 OD-26 �- BEC< Southlake Town Square, Block 10 GMP Site/Civil September 28, 1999 Item/Description Quantity UM Storm Drainage 36"CL III RCP 221 LF 30"CL III RCP 326 LF 24"CL III RCP 5 99 LF 21"CL III RCP 248 LF 18"CL III RCP 824 LF 2-36"Type 8 Headwall 1 EA 24"Type B Headwall 1 EA Remove Existing Headwall 1 EA 8'Storm Manhole 1 EA 4'Storm Manhole 3 EA 4'Grate Inlet 6 EA 10'Curb Inlet 10 EA Trench Safety 2,148 LF Subtotal Storm Drainage Street and Parking Lot Paving Grading for Lime Stabilization 9,017 SY Lime Stabilization, 27#/sy 9,017 SY Street Paving Area, 8"HMAC 6,316 SY Street Paving Area,5"HMAC 2,240 SY Curb and Gutter, Streets 4,150 LF Sidewalk Grading/Select Fill 15,651 SF Sidewalks 15,651 SF Ramps 12 EA Striping 1 LS Staking 1 LS Subtotal Street and Parking Lot Paving Page 2 of 3 1 OD-27 BECK Southlake Town Square, Block 10 GMP Site/Civil September 28,1999 Item/Description Quantity UM Landscape/Streetscape Landscape Resources, Inc.:Athena Elms in Wells-Q 22 EA Athena Elms-Q 9 EA Indian Hawthornes-Q 163 EA Variegated Dnope--Q 778 EA Liriope'Big Blue'-Q 144 EA Wintercreeper-Q 216 EA Asian Jasmine-Q 360 EA Mondo Grass-Q 1,906 EA Annuals-Q 2 00 EA Rye Hydromulch-Q 16,542 SF Topsoil-Q 207 CY Cypress Mulch-Q 3,792 SF Bed Preparation-Q 3,792 SF Tree Well Excavation-Q 22 EA Benches-Q 3 EA Irrigation-Q 1 LS Trash Receptacles 4 EA Tree Well Conduit and Sleeves 22 EA Subtotal Streetscape Electrical Prospect Street Lights 13 EA Post Street Lights 3 EA State Street Lights 4 EA Sleeves 1 LS Subtotal Electrical Page 3 of 3 1 Op_28 r EXHIBIT F Y _ I 7 I Z -� 4 '^ FEDERAL WAY --------- — — ------ — -- � 4 SIR WLER VAULT I I ® •! / I I wVAG C49NIM/FOa I I WITSin I t Fad i i•j% / / I I TRA45rca.ER I I f SOUTHLAIO /fI03i OPFICI I m � %• J 3t I / I 1 i I w:A;,OC'NCEVSCR 3-6•.h-0. I Al Oil - 2I/AI Oil ,/ I I -R.`,LER V aT -VAC OONOEN50R -NITS 4 ERE] 2VAI OI SLOPE- E� sloes on oa ow y% .. - - 23/AI d - 3'_0'ltYr7 4 F'AOEPECi tTREFT 4 --- ---- -- -- - ------ - --- -29---- 01�HICK 10 SITE PLAN _ City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Billy Campbell, City Manager FROM: Garland Wilson, Director of Public Safety (Ext. 730) SUBJECT: Request for a variance to Sing Ordinance No. 704-A, for Southlake Town Square development signs located at the northeast corner of Carroll and East Southlake Boulevard and S.H. 114. Action Requested: City Council consideration of sign variance for Southlake Town Square Development. Background Information: Section 21-D-2 of the Sign Ordinance limits development signs to 32 square feet in area. On September 2, 1997 the City Council granted a variance allowing two development signs of 150 square feet each, one on Southlake Blvd. and the other on Highway 114. At that time the Sign Ordinance in effect would have permitted three signs of 100 square feet each, one on each street frontage; Southlake Blvd., Hwy. 114, and Carroll Ave. A condition attached to that variance was that it would expire in two years, rather than at the completion of the project, as is normally the case for a development sign. This appeal is to extend the time period previously granted. The applicant has provided a photograph of the signs and indicated the portion of the sign that may be subject to rewording. There is no intention to change the overall size or shape of the signs. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: None Alternatives: The council may approve the sign variance as requested, approve it subject to whatever changes or conditions they deem appropriate, or they may deny it. Supporting Documents: Variance application and letter of demonstration Sign photographs Site Plan showing sign location Sections 14 and 21-D of the Sign Ordinance /OE Billy Campbell ' December 3, 1999 Page 2 Staff Recommendation: Place the sign variance appeal for Southlake Town Square development signs located at the Northeast corner of Carroll Avenue and East Southlake Blvd. and on S.H. 114 on the December 7, 1999 City Council meeting agenda for approval. GW/bls Approved for Submittal to City Council: i anager's Office r -- } - _ -_ -- - - , _ S0Litb1 zturP Southlake Central Venture ( :-zloc,s q S 5 C/o policant ( 817 25 _- -887: Scuthlate Town SQuare 1250 `4a_n S- -ee- S u- te 2 0 Scutzlake ".( 74- JC_ *510C�� zOu 1l- ,<e Town CC�G=e and _ SCo _s =e_ ___ _- _ -- -'gents _ese_^_tat_ a at __ .i e _-- Cc .c •neQr_ nc _=-- _ssL.es, and a v •Nn:. :s 3L:�_.. =__e- sc'-ss = --� ="-'e5=, r.rr rr rrr rr. .rrrer .rrrrrr...r.. ............ y- rer...rrrr. rer a`-e .Cr --__/ r_'_. . Use C rr. ..r. ..r.....r.rr.rr..r=r..rr. =e=e=Y ack_cw_e,: _n t ne amc�.t 5 JCCy ' v `t o= a=-==-ce a�c__ at:cr_/ .rtrrr r.r:rrrr.r.rrr.. T r.. '•` ^'�cw_:c checklist i s a s::a r una ' oz _ __ements :„ =.r =.y...rr..., ....-.r... .... -- culd by the City cct Sout`ace. ^h _ _ - -- _ s _= a ce ve. SCo ar_d amendments, ?:d other -an ces m r - - -=_ y =-- -- t at may c=-_- aps, and odes ="a_ _ =e=ta__ to s s__ variance __ _nest. _omc:�ted si variance ^ Y cc -�'p_e _emcr.st__t_on __ - (see att-ac`ed ---� Si-_ - -an sncw=nc- -ne _ccat_cr: - _. S Ci S t.^.3t _OP.-. to or dr_^o.C� 5:_ •1-a_-_nce __^.:es= and -_ -crm mCt 'cm s_: _a T��'- - sna_1 also indica:._ the Ou4 -c t-e - ----- r.ce . 3_ n_c_. -anCscacec' areas, adjo,n:nc street 3..�. N. - . - �ar.<_. _ < apprca-::es ,.._ Scaled and dimensioned e1evat4 or.s c� t e s!cns - phi -e v==i retested. --Or attached signs, t __.e _ `'_ n e e ,a=ions sa s"cw _ sign for which the variance _s ng - e vr _ - -ecues-e'', ar.0 a^�� other s_ --s d=_ e emDC rem the s:g^, ord `nat -nallce. t 164W COOPER & STEBBINS Cooper&Stebbins,LP„ 1256 Main Street,Suite 240 Southlake,Texas 76092 Telephone(817)329-8400 Facsimile (817)251-8717 November 16, 1999 City of Southlake 667 Carroll Southlake,TX 76092 To Whom It May Concern: We respectfully request that the City allow our existing project signs (see enclosed Exhibit 1) located on FM 1709 and Highway 114 to remain in place for an additional twelve (12) months. We will remove the adjacent smaller sign on FM 1709 listing project tenants within the next forty-eight(48) hours. As the City is aware, and as the signs suggest, the entire development of Southlake Town Square encompasses nearly 130 acres, or 88 acres more than the first phase now in place which comprises approximately 42 acres. The signs currently in place were, and continue to be, a key ingredient to the ongoing marketing effort for future phases of the project. We would also request that from time to time we be allowed to change the wording across the bottom 15% of the sign only to reflect specific marketing objectives as and when they occur(for example, reduce the size of the phone number and add "Office Space Available"). Thank you for your consideration of this matter and please do not hesitate to call the undersigned should more explanation be required of the request. Sincerely Brian R. Stebbins Chief Executive Officer BRS/kt Enclosure ;r T ,. T '�`.;tyc�r�y�i t..i 4 ".' •.aim• fi4i�°i�; � it a w ;M. 7 r i .� .7��ns�.✓`"'u.'a �9 � ,_, a n^ ii�'' '�._? tag^-of `•''rs�'.•_ � �}� '"3•`-. »o t.l,�:.•�� � ? �4 S � �f �..` F to �: j his! r� N T�6 �•• 'M"e� a tea' `YB ti k. ^........... : y .. 'Figs- ........... ' ''�Yj. '*`-.Af�+4�"�""�"���'y�+�7F"'.t� x-u,,'-°�,�4�;.:,°a� •a.�y,s��* +�'.� ,��'. i` �'�r • e g s r aj J '''�`��/may �W �I �' � �.�' ,•i�• 64, P' Oak 17 6 et I l \ I , all 111.Ililll CA 4A 1 I S i I:UIII 1 2« -C 7 i = S �.1� C •I lil �� ~HIM...1I III:' I iil�nrs:.�l��l:nl„ � I I •�„IIU / I uullnnn��lAunn I:!+nrt•n� nnllnlr^ � �� � � � H�yQM C C c t C Z C f C City of Southlake, Texas SUPPORTING DOCUMENTS December 3, 1999 SIGN ORDINANCE NO. 704-A The following are excerpted from the Sign Ordinance: ARTICLE III -APPEALS AND VARIANCES SEC. 14 VARIANCES The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. ARTICLE V- SPECIFIC SIGN REGULATIONS SEC. 21 TEMPORARY SIGNS REQUIRING PERMIT A permit shall be required for the following signs: D. DEVELOPMENT SIGN 1. PERMITTED SIGN STRUCTURE: Monument and/or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Five (5) feet b. MAXIMUM AREA: Sixty-four (64) square feet with a maximum of thirty-two (32) square feet per sign face C. MAXIMUM NUMBER OF SIGNS: One (1)per site d. DURATION: Sign may be installed at any time after the issuance of the building permit for a commercial development or approval of the developers agreement for a residential subdivision. The sign must be removed within one (1) year or upon the issuance of a certificate of occupancy for a commercial development and upon the issuance of a certificate of occupancy on seventy-five percent (75%) of the lots within the subdivision for a residential subdivision. e. MATERIAL REQUIREMENTS: Not applicable. City of Southlake, Texas i MEMORANDUM December 3, 1999 TO: Billy Campbell, City Manager FROM: Garland Wilson, Director of Public Safety (Ext. 730) SUBJECT: Sign variance appeal for Gene Kouri DDS MSD, Inc. located at 480 W. Southlake Blvd., Suite 132. Action Requested: City Council consideration of sign variance for Gene Kouri DDS MSD. Background Information: Section 16-A-3 of the Sign Ordinance limits Attached Signs to .75 square feet in area for each linear foot of frontage. Dr. Kouri's office lease contains 27 feet of width. Therefore, the allowable sign area is 27 x .75 or 20.25 square feet. This appeal is to allow a box type sign 1.5 feet high x 13 feet long and individual channel letters 8 inches high by 12 feet long. The overall area within the limits of the sign is 2.5 feet x 13 feet or 32.5 square feet. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: None Alternatives: The council may approve the sign variance as requested, approve it subject to whatever changes or conditions they deem appropriate, or they may deny it. Supporting Documents: Variance Application and letter of demonstration Sign elevation drawing Site Plan showing suite location Sections 14 and 16-A of the Sign Ordinance Staff Recommendation: Place the sign variance appeal for Gene Kouri DDS MSD, Inc. located at 480 W. Southlake Blvd., Suite 132 on the December 7, 1999 City Council meeting agenda for approval. GW/bls /or Billy Campbell December 3, 1999 Page 2 Approved for Submittal to City Council: l it anager's Office CITY OF SOUTHLAKE February 6, 1995 SIGN VARIANCE APPLICATION APPLICANT OWNER (if different) NAME: r(t- Out ADDRESS: �(� tb u` oopn PHONE: t g\ 3-\3� FAX: O 5 he following information gertains' to the location for which the variance is being -evuested: WME OF BUSINESS OR OPERATION: 'HYSICAL ADDRESS: o .EGAL DESCRIPTION : Lot Block Subdivision hereby certify that this application is complete as per the requirements of Sign Irdinance No. 506 as summarized below. I further understand that it is necessary to have a representative at the City Council meeting who is authorized to discuss this request, �ddz any unresolved iss and approve changes, if any. applicant's Signature. , A---^--� Date: � 2-2 'or City Use Only: I hereby acknowledge receipt of the sign variance application and the appliction fee .n the amount of $ on this the day of 199_. )igned: Title: Che following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign )rdinance No. 506 and amendments, and other ordinances maps, and codes available at the :ity, HHaall that may pertain to this sign variance request. Completed sign variance request application. Completed demonstration of conditions applicable to the requested variance (see attached. ) Site plan showing the location of the sign variance request d a y-o her signs that conform to or are exempt from the sign ordinance. a site plan shall also indicate the building, landscaped areas, parking pproaches and / adjoining street R.O.W. V _ Scaled and dimensioned elevations of the signs for which the vaa one I's requested. For attached signs, the elevations shall show the building, the sign for which the variance is requested, and any other signs that conform to or are exempt from the sign ordinance. Demonstration P 1 ease d mon s rrate that the following Conditions are applicable to the 1'" 'tles ted Sion varianc„� 1 . That a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant. 40 LU 1 u�. 40 2 . That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. LIb 3 . That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties . — A�. it Com t, � Ct- 4 . That the variance will be in harmony with the spirit and purpose of the sign ordinance. 06� -� �- c:\WPF\FORMS\APPSkSrQV-VAR.WD Southlake Oaks Shopping Center Phase 11 480 West Souftkke&vd. Southlake, Texas 7609. 13icentennial Park GorEt. 115 Ul '4 VACANT Salk WUNT E- 1AUNT j t ion ^T1.+ 4615 S ZZ SF• M SFFMI.io 3m SF 1 1 • 1 1 1 1 i " � .. yam. ..�..�N�'MrNN••�..�N�.�/�..�.•�N�• �1M.�MN..�•�N�..N• FM 7709 SOUTHl AKE BOULEVARD 6e ve- Kougl , [7�s Lc471 : 1709` SooTNDIKE �AKS '404N, 89'.00R' /., LoT,Z ZowIiv4 : C-2 G o•�sr, T-yPE ✓-N, 5,rAINirl6A Q«o�i�Ncr G�tevPs: B, M -•'.�rwr�.�rwrw..rra•r•w�...+r«w-............. ...._ .+.-w 0 e� 1. �44--4 -El q� N i W � . J � •:r,. I \ Li V- D ZO•d ZW99-6LC-LTO •cij u 4S •�r3S suo-T d60 yU 456-61-^"N City of Southlake, Texas SUPPORTING DOCUMENTS December 3, 1999 SIGN ORDINANCE NO. 704-A The following are excerpted from the Sign Ordinance: ARTICLE III - APPEALS AND VARIANCES SEC. 14 VARIANCES The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number,type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. ARTICLE V - SPECIFIC SIGN REGULATIONS A. ATTACHED SIGN 3. MAXIMUM AREA: 0.75 square feet for every one foot of width of building or lease space not to exceed 400 square feet(see Appendix 'A' for further clarification). I City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Approval of Change Order No. 3 to the contract with Pate Brothers Construction, Inc. for the construction of a 14-inch and 18-inch force main along Dove Street Action Requested: Approve Change Order No. 3 to the contract with Pate Brothers Construction, Inc. for the construction of a 14-inch and 18-inch force main along Dove Street in the amount of$32,900. Background Information: The installation of a lift station on Lonesome Dove Ave. and in the Shady Lane vicinity along with the construction of a sanitary sewer force main from the lift stations to Kirkwood Blvd. is included in the City's Sanitary Sewer Master Plan. The lift stations and force mains are required to pump the sanitary sewer that is generated from the northeast region of the City to Kirkwood Blvd. The sanitary sewer then flows in a gravity sewer line along Kirkwood Blvd. to the Trinity River Authority (TRA) lift station on N. White Chapel Blvd. The construction of the lift stations and force mains are a key component to eliminate the current diversion of sanitary sewer from the Denton Creek drainage basin to the Bear Creek drainage basin. The construction of the force mains began October 18, 1999 and the project is 65% complete. There have been two change orders previously approved for this contract. Change Order No. 1 and 2 combined did not increase the total contract cost by more than $15,000. Therefore, the change orders were approved by the City Manager. The two previous change orders are tabulated below: • Change Order No. 1 was for considerations granted to homeowners in return for granting the required easements (see attached copy). The considerations were for additional bores on their property, various landscaping, and sod replacement. These considerations were negotiated while the project was out for bid. Knowing there was the potential for additional costs associated with granting of the easements, staff included in the contract a $15,000 pre-bid allowance. This change order did 10G- 1 City of Southlake, Texas not change the contract amount because it was below the pre- bid allowance($11,977.39). • Change Order No.2 was required to save existing trees along the west side of Lonesome Dove (see attached copy). The force mains were installed along the edge of the pavement of Lonesome Dove rather than in the bar ditch where several large pecan and willow trees exist. The change order was required due to the additional pavement replacement and storm drain replacement. The amount of this change order increased the contract amount by $13,482.72. Taking the $15,000 pre-bid allowance into account, the change orders combined increased the total contract amount by $10,460.11. Change Order No. 3 is for additional bores that are required for conflicts with trees along Dove Street (see attached copy). Since the bidding of the project was concurrent with the negotiation of the homeowners for the easement, an estimated bore length for each tree was used in the original contract. Following measurements in the field once construction began, additional bore lengths are required to adequately bore the trees without harm. Financial Considerations: The original contract amount with Pate Brothers Construction was $1,123,761.02. Change Order No. 1 and Change Order No. 2 increased the contract amount by $10,460.11. Change Order No. 3 is for $32,900.00. Therefore, the original contract amount has increased due to the change orders by $43,360.11. This project exceeded the budgeted amount with the original bid. Therefore, any cost overruns have to be funded using available funds that exist from projects that were below budget. The additional cost attributed to the change orders has been included in the attached CIP Project Cost Ledger. Citizen Input/ Board Review: None Legal Review: Not applicable Alternatives: None Supporting Documents: Change Order No. 1 Change Order No. 2 Change Order No. 3 CIP Project Cost Ledger Project Map 10G-2 City of Southlake, Texas Staff Recommendation: Staff recommends that the City Council approve Change Order No. 3 to the contract with Pate Brothers Construction, Inc. for the amount of $32,900 for the construction of a 14-inch and 18-inch force.main along Dove Street. Please place this item on the December 7, 1999 Regular City Council Agenda for review and consideration. 1�& SEP/sep Approved for Submittal to City Council: City Manager's Office 10G-3 Contract Time Prior to this Change 120 Calendar Days (Days or Date) Net Resulting from this Change Order 0 Calendar Days (Days) Current Contract Time Including this Change Order 120 Calendar Days (Days or Date) The above changes are recommended: Cheatham and Associates Engi By: r Derek Cheatham,P.E. Date: August 27 1999 The above changes are recommended: Citv ofSouthlake Bv: 11 Tint/J t—e .� Q�b� C LDS Date:�FaryC� ;� 1999 The above changes are accepted: Pate Brothers Construction, Inc. Contractor n Date: ` ��� %/i 1999 FAWORMSouthlake4435MChange Order l.wpd 10G-5 CHEATHAM&ASSOCIATES 1601 E. LAMAR BLVD. SUITE 200 ARLINGTON, TEXAS 76011 CHANGE ORDER NO.1 SHEET 1 OF 1 JOB NO. 001-435B OWNER: CITY OF SOUTHLAKE JOB NAME: MODIFICATIONS TO 18"&14" DIA. FORCE MAIN SEWAGE LINES DATE: August 17,1999 BID ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. CITY. PRICE COST ADDITIONS I. 2 18"PVC(SDR-35)SEWER PIPE(12'-14') L.F. 85 79.00 $6,715.00 3 18"PVC(SDR-35)SEWER PIPE (14'-16') L.F. 167 79.001 $13,193.00 4 4'DIA.SANITARY SEWER MH(0'-6') EA. 1 1525.00 $1,525.00 8 CIMJ FITTINGS FOR 14"&18"F.M. TON 1.27 2915.00 $3,702.05 10 BORE&INSTALL 14"FORCE MAIN L.F. 10 56.00 $560.00 11 BORE&INSTALL 18"FORCE MAIN L.F. 10 56.001 $560.00 14 HMAC PAVEMENT REPLACEMENT L L.F. 70 , 21.7, $1,522.50 N/A 14"PLUG VALVE W/BOX&MARKINGS EA. 2 3050.001 S6,100.00 N/A 18"PLUG VALVE W/BOX&MARKINGS EA, 2 3750.001 $7,500.00 N/A 6"DR-18 C900 PVC F.M. PIPE L.F. 10 50.001 $500.00 N/A CONNECTION TO EXIST.6"F.M. L.S. i 33C6.GC $3,306.00 N/A 4"SANITARY SEWER SERVICE EA. 2 627.001 $1,254.00 N/A 8"SDR-35 PVC SEWER PIPE(14'-16') L.F. 6 70.521 S423.12 NIA ST.AUGUSTINE SOD S.Y. 500 5.001 $2,500.00 N/A LOWER BORE PIT STA.26+06 L.S. 1 1 1514.001 $1,514.50 NIA LOWER FORCE MAIN L.F. 627 4.14 $2,595.78 N?A EXTRA BORE PIT(F.M.SEPARATION) EA. 2 7550.001 $1.500.00 I TOTAL ADDITIONS S54,970.45 DEDUCTIONS 1 18"PVC(SDR-35)SEWER PIPE(10'-12') L.F. 270 79.00 ($21,330.00) 6 14"PVC(DR-18)FORCE MAIN L.F. 10 34.65 (S346.50) 7 18"PVC(DR-18)FORCE MAIN L.F. 442 44.33 ($19,593.86) 15 TRENCH SAFETY FOR SEWER&WATER CONST. L.F. 322 5.35 ($1.722.70) TOTAL DEDUCTIONS ($42.993.06) NET TO I TAL INCREASE $11,977.39 10G-6 F.%QPW\Southlake44 35 S`Ergineer.Estimate.wb2 Oct-20-99 01 :06P P.02 CHANGE ORIDER Z No. 2 Dated:October ll, 1999 OWNER'S Project No. N/A F.NGINEER's Project No. 001-.435B TVrojcct_ Proposed 14"and 18"S eye 1'Urce Malll.P OWNER C.'in,oI Snuthlake Contract f r Sunittr .Sewer and Qratwige Im rovemen/s Contract Date: AZIKUct lfi, 1999 To: 11ute Brothers Construction, Inc. t;ontrxmr You are directed to make the changes noted below in the subject contract: City of 5outhlalre Owner By: Date: ' 1999 Nature of the changes: RELOCATION OF 14"AND 18" FORCF:MAINS ALONG LONESOME DOVE. Additions: . 12 LT.of 18"dia. PVC force main($44.33/ft.) S531.96 2. 453 L.F.of HMAC pavement replacement($21.75if1.) $9,852.75 ..1. 0.56 Tons of M.I.fittings($2915/ton) $1,632.40 4. 12 L.F_trench safety($5.35/ft.) $64.20 5, 150 L.F.remove&replace 27"dia. RCP($36/ft,) $5,400.00 6. 150 L.F,of road base material($1 t/ft.) $1,650.00 TOTAL: $19,131.31 Deductions: I. 8 L_F.of 14"dia. PVC force main($34.65/ft.) l$277.201 2. 557 1..F.(sta. 82+00 to sta. 87157)of raised fume main elev.($4.14/1,.F.) ($2,305.981 3. 8 L.F. trench safety($5.351f1.) 1$42.801 TOTAL: (S2,625.981 NET TOTAL: $16,505.33 REMAINING PRE-BID ALLOWANCE: 1$3,022.611 NET TOTAL INCREASE. $13,482.72 'I'ltese changes result in the following adjustment ul'coniract price And contract time: Contract Price Prior to this Change Order S 1,110,278,30 Net(Increase)(Deerense)Resulting scum this Change Order 5 13,482.72 Current Contract Price Including this Change Order S 1,123,761.02 NSPE-ASCE 1910-8-R(1978 Edition) 10G-7 Oct-20-99 01 :06P P.03 Contract Time Prior to this Change, 120 Calendar Days (Uays or hotel Net(Inereme)(Deepen Resulting from this Change Order 0('alendar Days (Days) Current Contract Time including this Change Order 120 Calendar Days (Bays or Date) The above changes are recommended: Cb!ah{m gad Associates Gng'la:c ay: Ilerrk Ciu nthnm,P L• Date: Octaber 19 1999 The above changes are recommended: Cily ufsuuddake City Title: Late: oI5Lam` 1999 The above changes arc accepted: Pate Brothers Construction, Inc. Contractor By: ter , Date: 1999 i+%woRIV.C,w A6435B1Change order 2.wpd 10G-8 CHANGE ORDER 2.3 No. 3 Dated: November 17, 1999 OWNER'S Project No. N/A ENGINEER's Project No. 001-435B Project Proposed 14"and 18"SewaQe Force Mains OWNER City ofSouthlake Contract for Sanitary Sewer and Drainage Improvements Contract Date: Au.Qust 18. 1999 To: Pate Brothers Construction, Inc. Contractor You are directed to make the changes noted below in the subject contract: City ofSouthlake Owner By: Date: 1999 Nature of the changes: Field modifications to the length of bores to accommodate tree drip lines and driveways. 40wNet total increase(See attachment): $32,900.00 These changes result in the following adjustment of contract price and contract time: Contract Price Prior to this Change Order $ 1,123,761.02 Net(Increase)EBeerease)Resulting from this Change Order S 32,900.00 Current Contract Price Including this Change Order S 1,156,661.02 NSPE-ASCE 1910-8-B(1978 Edition) 1 OG-9 Contract Time Prior to this Change 120 Calendar Days (Days or Date) Net(Increase)(Deerease)Resulting from this Change Order 0 Calendar Days (Days) Current Contract Time Including this Change Order 120 Calendar Days (Days or Date) The above changes are recommended: Cheatham and Associates Engineer By: Derek Cheatham,P.E. Date: November 17 , 1999 The above changes are recommended: City ofSouthlake City By: Title: Date: 1999 L The above changes are accepted: Pate Brothers Construction, Inc. Contractor By: Date: 1999 FAWORD\South1ake\435B\Change Order 3.wpd 10G-10 CHEATHAM & ASSOCIATES 1601 E. LAMAR BLVD. SUITE 200 ARLINGTON, TEXAS 76011 CHANGE ORDER NO.3 SHEET 1 OF 1 JOB NO. 001-435B OWNER: CITY OF SOUTHLAKE JOB NAME: MODIFICATIONS TO 18"&14" DIA. FORCE MAIN SEWAGE LINES DATE: November 17, 1999 !BID ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO CITY. PRICE COST !ADDITIONS I 10 !BORE& INSTALL 14"F.M. (STA. 61+98) L.F. 3 56.00 $168.00 11 BORE&INSTALL 18"F.M. (STA.61+98) L.F. 3 56.00 $168.00 10 BORE&INSTALL 14"F.M. (STA. 60+96) L.F. 26 56.00 $1,456.00 11 !BORE& INSTALL 18"F.M. (STA.60+96) L.F. 26 56.00 $1,456.00 12 IBORE&INSTALL 14"F.M.W/CASING(STA. 58+45.54) L.F. 40 160.501 $6,420.00 13 I BORE&INSTALL 18"F.M.W/CASING(STA. 58+45.54) L.F. 40 172.001 $6,880.00 10 BORE&INSTALL 14"F.M. (STA.43+77) L.F. 54 56.00 $3,024.00 11 BORE&INSTALL 18"F.M.(STA.43+77) L.F. 54 56.00 $3,024.00 10 BORE&INSTALL 14"F.M.(STA.42+04) L.F. 20 56.001 $1,120.00 11 BORE&INSTALL 18"F.M. (STA.42+04) L.F. 20 56.00! $1,120.00 i 10 BORE& INSTALL 14"F.M.(STA.39+92) L.F. 33 56.001 $1,848.00 11 BORE& INSTALL 18"F.M. (STA.39+92) L.F. 33 56.001 $1,848.00 10 !BORE& INSTALL 14"F.M.(STA. 37+21) L.F. 5 56.001 $280.00 11 !BORE&INSTALL 18"F.M. (STA. 37+21) L.F. 5 56.00 $280.00 10 !BORE& INSTALL 14"F M. (STA.35+16) L.F. 13 56.00 $728.00 w. L.F. 13 56.00 $728.00 � 11 BORE&INSTALL 18"F.M.(STA.35+16) 10 BORE& INSTALL 14"F.M. (STA.31+41) L.F. 82 56-001 $4,592.00 11 BORE&INSTALL 18"F.M. (STA. 31+41) L.F. 82 56.00 $4,592.00 10 BORE&INSTALL 14"F.M. (STA. 29+93) L.F. 63 56.00 S3,528.00 11 !BORE& INSTALL 18"F M. (STA.29+93) L.F. 63 56.00 $3,528.00 TOTAL ADDITIONS $46,788.00 I ! !DEDUCTIONS 10 BORE&INSTALL 14"F.M.(STA. 58+90) L.F. 20 56.00 ($1,120.00) 11 BORE&INSTALL 18"F.M. (STA. 58+90) L.F. 20 56.001 ($1,120.00) 10 BORE& INSTALL 14"F.M. (STA. 58+20) L.F. 12 56.001 ($672.00) 11 BORE&INSTALL 18,F.M. (STA.58+20) L.F. 12 56.00 ($672.00) 10 BORE&INSTALL 14"F.M. (STA. 56+73) L.F. 20 56.00 ($1,120.00) 11 BORE&INSTALL 18"F.M. (STA. 56+73) L.F. 20 56.00 ($1,120.00) 10 BORE&INSTALL 14"F.M.(STA.45+15) L.F. 10 56.00 ($560.00) 11 BORE&INSTALL 18"F.M.(STA.45+15) L.F. 10 56.00 ($560.00) 10 BORE&INSTALL 14"F.M. (STA.28+49) L.F. 20 56.00 ($1,120.00) 11 BORE&INSTALL 18"F.M. (STA.28+49) L.F. 20 56.00 ($1,120.00) 10 BORE&INSTALL 14"F.M.(STA. 19+22) L.F. 21 56.00 ($1,176.00) 11 BORE&INSTALL 18"F.M.(STA. 19+22) L.F. 21 56.00 ($1,176.00) 10 BORE&INSTALL 14"F.M.(STA. 18+77) L.F. 21 56.00 ($1,176.00) 11 BORE&INSTALL 18"F.M. (STA. 18+77) L.F. 21 56.00 ($1,176.00) TOTAL DEDUCTIONS ($13,888.00) I NET TOTAL INCREASE $32,900.00 F:\QP\A ScuthlakeiA35B\EE Change Order 3 wb2 1 QG-1 1 CIP PROJECT COSTS A g C D 1 PROJECT DESCRIPTION - BUDGETED AMOUNT BID/FINAL COST DIFFERENCE 2 1.5 VIGD M[RON ELEVATED TOWER* $1,860,000 $1,832,000 $28,000 3 20"WATERLINE ALONG FM 1709 $641,000 S638,408 S2,592 4 24"WATER LINE ALONG N.WHITE CHAPEL S850,000 S826,455 $23,545 5 BRUNILOW S112,700 $111,000 S1,700 6 BLTLNEY LN.-REHAB CUL-DE-SAC $57,000 S64,523 (S7,523) 7 BYRON NELSON STOP LIGHT S40,000 $65,000 ($25,000) 8 BYRON NELSON STRIPING $65,000 $74,163 ($9,163) 9 COMMERCE TRAFFIC LIGHT* S100,000 S48,405 $51,595 10 DIAMOND CIRCLE STREETS&SEWER S1,286,000 $990,161 S295,839 11 DOVE ACRES SEWER* $405,000 S205,474 $199,526 12 DOVE FORCE MAIN* $1,747,500 $2,113,218 (S365,718) 13 DOVE/-UGHLAND PAVING* S611,480 $778,533 (S167,053) 14 DOVE/SH 114 WATER LINE RELOCATION S339,200 $280,424 $58,776 15 FLORENCE TOWER TANK PAINTING $105,000 $152,200 (S47,200) 16 FM 1709 TRAFFIC SEQUENCING* $120,000 $42,000 $78,000 17 FM 1709 TRAFFIC SIGNAL CONVERSIONS $200,000 $123,399; $76,601 18 H[LLWOOD SEWER* S95,000 $82,415 S12,586 19 HUNTWICK ESTATES SEWER $200,000 S276,123 ($76,123) 20 JELLICO SEWER* $500,000 S419,723 S80,277 21 KIRKWOOD WATER LINE $326,000 $266,159 $59,841 22 LAKE DRIVE WATER,SEWER,PAVING* $364,500 $376,991 (S12.491) 23 LILAC LN.WATER.SEWER,STREET* $234,600 S286,782 ($52,182) 24 MISSION HILL SEWER S430,000 S489,099 ($59,099) 25 N.WHITE CHAPEL-COUNTY LINE TO LAKE* $340,000 S470,970 ($130,970) 26 N.WHITE CHAPEL-DOVE TO COUNTY LINE* $181,850 $177,010 S4,840 27 N-3&N-4 LIFT STATIONS* $1.000.000 S1,009,500 (S9,500) 28 N-5 SEWER&KI3ABALL/SH 114 WATER/SEWER RELOCATIONS $762,500 $743,255 $19,245 29 PEARSON GROUND STORAGE TANK NO.2' $1,687,400 $1,545,247' $142,153 30 PINE SEWER* S200,000 S183,368 S16,632 31 PLANTATION SEWER $110,400 $84,676' S25,724 32 PUBLIC WORKS CENTER IMPROVEMENTS* S405,600, $472,580 ($66,980) 33 PUMP STATION NO.2* S3,110,000 j $3,146,800 ($36,800) 34 RArVME/SHADY LN WATER,SEWER,PAVING $1,925,995 $1,615,029 S310,966 35 RIDGECREST* S355,576 S400,504 (S44,928) 36 SABRE SEWER CONNECTION-SOLANA $25,000 $21,700' S3,300 37 SHADY OAKS TRAFFIC LIGHT* $100,000 $91,000 $9,000 38 SOUfHLAKE/KELLER PUMP STATION MOD. $300,000 $1161281 S183,720 39 SUTTON PLACE DRAINGE&PAVING DAPROVEMENTS* $270,000 $274,145 (S4,145) 40 TINIARRON-BENT CREEK REPAIR' $726,986 S699,315 S27,671 41 TROPHY CLUB 24"WATER LINE* $1,511,000 $1,440,693 $70,307 42 W.CONTINENTAL RECON.-PHASE 1• $640,424 $731,161 ($90,M) 43 W.DOVE RECON.-PEYTONVILLE TO SHADY OAKS $259,6801 S298,397 (S38,717) 44 W.JONES BRANCH CHANNEL IMPROVEMENTS* $1,000,000 $930,522 $69,478 45 WATER&SEWER TO MMON ADDITION $196,781 $262,535 (S65,754) 46 TOTAL $25,799,172 $25,257,341 47 TOTAL(OVERYUNDER BUDGET $541,831 48 49 *Project not yet complete. Cost shown reflects contract bid price&engineering,surveying costs 50 51 52 10G-12 1211/99 � � W O„'SJ I J Y� YN W a I y � W W eu J 7 � +J O 00 L a- O v 2 i W i NOd O ry r-- y� y2Q S y o Q a Y � 3 r � W � J w II G a • N ��, 10G-13 uv-03-1999 05:39;n Frofe-WINSTEAD Wmit,SI VAMTEAD 5ECHRFS'��r =1 Elm sa we � 1.vlll�i limit (21v 745.5" �uo C .Taos 7527a2199 F9s(214)745-5390 Qk"As tLouMN AL,sn+r C w*vRwu►mnd coon XXOM crrr 0�mct jqu (2t4)74S-S17a bWUV4wML=4:OM November 3, 1999 Southlake City Council VIA FACSIMILE do b Allen Taylor, City Attorney and U.S.MAIL Taylor, Olson, Adkins, Sralla& Elam 3400 Bank One Tower 500 Throckmor ri, Fort worth,Texas 76102-3821 Re. Children's Courtyard HonorableMayor and Members of the City Council. The undersigned represents Children's Courtyard Inc On October 5, 1999,The City Council reviewed the sire plan for the Children's Courtyard(Case No.ZA99-030) to be located on Lot K Block 60, Timarrou Addition, Phase S The property is locued on the cast side of Byron Nelson Parkway approximately 630 feet south ofFasi Southlake Boulevard It is zoned R-PUD.Residemial planned Unit Development District, being PUD #1,Timarron, and pettaitting "C-2" Local Retail CQmmercial District uses. Day nurseries are a permitted use in a C-2 district. The concept plan approved for the property shows 30,000 square feet of C-2 uses with approximately 900/6 impervious coverage. The site platy for the Children's Courtyard day care facility shows a 20,000 square foot building with approximately 32%impervious coverage. The Southlake city staff reviewed the site plan for compliance with the concept plan and other regulations and forwarded the site plan to the Planning and Zoning Commission and the City Council with no adverse comments On October S, 1999,the Southlake City Council unanimously denied the approval of the site plan However, the City Council gave no reasons for its denial. In order m address any areas in which the City Council had concern.Children's Courtyard requests that the City Council set forth in writing its reasons for denial of the site plan Please also inform us if there are any additional administrative processes for obtaining approval of this site plan Children's Courtyard has worked closely and in good faith with the City of Southlake in processing its site plan. The act of the Southlake City Council rn approving any site plan is an admiaistrarive act rather than a legislative act. To our knowledge,the Clldren's Courtyard site plan IOP- I rUv- -1777 is- is t_HW F IKM e17 332 4740 P.O4/0-4 KLI-03-1999 05:399m From-WIKSTEAD SECHREST i MINICK/2 [14-c01»3u -�+� • •• _.. Southlake City Council November 3, 1999 Page 2 meets the requirements of the planned unit development and the site plan complies with the Southlake zoning ordinance requirements There do not appearm be any legally sufficient reasons to justify the City Council's rejection of the site plan The record from the October 5 1999 City Council meeting contains no legal objection or reason for the City Council members' to ,ote to reject the site plan Due to,among orherthings,contractual timing obligations between Children's Cour yard and Timarron, if a written response has not been received from you by November 12. 1999, this firm has been instructed M take those legal actions necessary to protect our clients rights. Please be reasonable in this regard so that a Children's Courtyard can be constructed in accordance with the laws and regulations applicable w the property. Sincerely, WINSZEAD SEWILgi CK P C. By: B BMlkb cc, Jim Mills Laura Brewer, Esq. M575) l lsz,=94-1 TOTAL P.O4 s City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager P4 SUBJECT: Consideration of an employment contract for the City Manager. Action Requested: Consider the employment contract for City Manager. Background Information: Recall that you conducted my six-month performance evaluation at the November 2 meeting, and we discussed bringing back a contract for your consideration. The city attorneys prepared the contract in your packet. In general, the contract provides for a one-year term with an option to extend if mutually agreeable. If during the term, the council terminates the contract at a time when the city manager is willing and able to serve, the city manager will be offered the opportunity to retire and will be paid three (3) months severance pay. If during the term the city manager desires to retire, he must give three (3) months notice, after which he may retire with no severance pay. In either event, the city is obligated to pay the city manager's health insurance until the city manager is eligible for federal government insurance assistance. Financial Considerations: Citizen Input/ Board Review: n/a Legal Review: yes Alternatives: Council may wish to propose changes to the contract submitted. Supporting Documents: City Manager Employment Agreement Staff Recommendation: I recommend approval of the contract as submitted by the attorneys. lltG-02-1999 15:30 LRW F1PM 817 332 4740 P.03%06 f CITY OF SOUTHLAKE Employment Agreement City Manager THIS AGREEMENT, made and entered into this the nd day of December, 1999, by and between the City of Southlake, State of Texas, a municipal corporation, chartered under the constitution of the State of Texas as a home rule city, herein after called "Southlake" and James W. Campbell III, hereinafter called "City Manager," both of which parties hereto understand and agree as follows: WITNESSETH: WHEREAS, Southlake desires to employ Jame City Campbell III as City Manager of the City of Southlake, as provided by the WHEREAS, it is the desire of the Southlake City Council to provide certain benefits, establish certain conditions of employment, and set certain working conditions of said City Manager; and WHEREAS,James W_Campbell Ili desires to accept employment as City Manager of said City on the terms outlined herein; NOW THEREFORE, for and in consideration ted,the f the mutual covenants and parties hereto agree as follows: agreements herein contained,and hereinbefo P Section 1. Employment and Duties Southlake hereby agrees to the continued employment of James W. Campbell III as City Manager and employee of the City of Southlake and James W. Campbell III agrees form to perform the functions and nons duties as the City Council shatlake City ll from time to time assign. such other duties and functions Section 2. Term A. Nothing in this Agreement shall prevent, limit, Otherwise with SOuthlake�sub�ect only ere with the right of the City Manager to retire at any time from his position to the provisions set forth in Section 3, of this Agreement. B. This Agreement, shall become effective uponexecution her extensionsby both parties, as may be extend through November 2, 2000, and for any and such provided under the provisions of Subsection C of this Section. C. The City Council shall conduct an annual review s establish the ty Manager's performance on or before November 2 of each year. City Council may review process prior to the annual review. The Ciry Council nd stlelCaliytfor the purpos sew the eof of the City Manager and this Agreement generally pcfi eriods. Any extension determining an extension for successive one (1) or two (2) year P or modification of this Agreement shall be in writing, signed by both parties and attached as an addendum to this Agreement. Page 1 H_1Ll BRARY1SouthiakelAgreemen ts\city Manager.FN3.wpd /���-� DEC-02-1999 15:31 LAW F 1 RM Section 3. Termination and Severance Pay he ty A. In the event the City Council desires to terminate the employment of t afoement and resaid d Manager after the effective date so such this is City Manage before willing and able to peMa a rform her term of employment and duringdo the City dut ies of City Manager, then, in that event, Southlake eagr nean amount equal to three (3) with the opportunity to retire plus a lump sum pay months salary at the then current salary of City Manager. the aforesaid term of B. In the event City Manager a City of tir Souiratioe throf ee (a) months notice employment, then City Manager shall give in advance, unless both parties agree otherwise. Section 4. Salary Southlake agrees to pay City Manager for his service rendered at the same time thaseoo an ther So OOO.oO payable in installments annual base salary of $t t 5, may be modified from time to time employees of Southlake are paid. Such annual thesalahry n Mayor or Mayor Pro Tem of the by notice to City Manager, in writing, signed by City of Southlake, and attached as an addendum to this Agreement. Section 5. Automobile shall acquire and maintain, as part of the City's�e�e�t Mariaer during the term automobile for Southlake of this Ag the exclusive use of the City 9 Section 6. Sick Leave City Manager er shall be entitled to sick leave and b er all other general on the same mplsis as heretofore accrued and credited,and on the same bans as of the City of Southlake. Section 7. Vacation City Manag er er shall be entitled to vacation leave and benefits o general employees basis as heretofore accrued and credited,and on the same bans as o r all of the City of Southlake. Section B. Health Insurance Tees to provide medical,life insurance and other such for benefits,and to Southlake agrees equal to that which provided pay the premium thereon, such benefits to be city employees. Section 9. Retirement igibility A. Southlake agrees to provide City Manager, tot{ee Ierei extent of m,unlderr the for same, retirement benefits under the Texas Municipal a as for all ou'�er system in force on the date of retirement. basis tonally, the City normal city retirementY Manager shall be entitled to all retirement benefits on the same Page 2 H:�LI B RARY,Southlake\Agreemenm\citYmanager.FN3.wpd /D_z--1-3 DEC-02-1999 15:31 LAW FIRM 817 332 4740 P.©5/06 general employees of the City of Southlake. g. Southlake agrees to provide and pay for, in its entirety, the City Manager's health insurance until the City Manager aaehor medicaid aas itses the age nd 'aility for vailablef atthelt�melth of insurance assistance in the form of md the City Manager eligibility for such assistance. Section 10. Indemnification A. Southlake shall indemnify City Manager against expenses (including attorney's fees) and amounts paid in settlement actually and reasonably incurred by him in connection with the defense of any civil, criminal or administrative action, suit or proceeding in which he is made a party or with which he is threatened, by reason of being or because of any act as City Manager within the course and scope of his duties and employment hereunder if he acted in good faith and in a manner in which he reasonably believed to be in or not opposed to the best interest of Southlake, and with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. S. Notwithstanding the foregoing, he shall not be entitled to indemnification regarding (i) any matter in which he shall be adjudged to be liable for negligence or misconduct in the performance of his duties, or (ii) any matter in which he fails to notify Southlake of a claim within a reasonable time or fails to cooperate in the defense of such claim, but only to the extent that the defense of such claim is prejudiced by his failure to give notice or to cooperate. Section 11. Bonding Southlake shall bear the full cost of any fidelity or other bonds required of City Manager under any law or ordinance. Section 12. General Provisions A. The text herein shall constitute the entire Agreement between the parties. B. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional,invalid or unenforceable,the remainder of this Agreement,or portiand on thereof, shall be deemed severable,shall not be affe ed and shall remain in full force effect. IN WITNESS WHEREOF, the City Council of the City of Southlake has caused this Agreement to be signed and executed on its behalf by its Mayor and the below-named members of the Southlake City Council, duly attested by its City Secretary, and the City Manager has signed and executed this Agreement, both in duplicate, and day and year first above written. Rick Stacy, Mayor Page 3 H:\LIBRARY\Southiaks\Agreementslcitymanager.FN3.wpa DEC-02-1999 15:32 LAW FIRM 817 332 4740 P.0b-'06 City Manager. James W. Campbell III ATTEST; Sandra L. LeGrand, City Secretary. APPROVED AS TO FORM; City Attomey M:1LIBRARY\Southtake\AgreementslCityManager.FN3.wpd Page 4 TOTAL P.06 City of Southlake, Texas I MEMORANDUM December 3, 1999 TO: Mayor and City Councilmembers FROM: City Secretary, Sandra L. LeGrand SUBJECT: Consideration of an Amendment to the City Secretary's Employment Contract Action Requested: Annual Evaluation for the City Secretary; approving an addendum to the Employee Contract; and extending the terms of the agreement to expire in December, 2000. Background Information: As you will recall the annual evaluation for the City Secretary was held during the Regular City Council meeting on June 15, 1999. At that time her contract was extended for an additional year to expire in April, 2000. During those discussions, the City Council determined that it would be in the best interest of everyone involved to have the annual evaluations of the City Manager and City Secretary during the fall prior to the end of the year, rather than in the spring when terms of the City Council are about to expire. By having the evaluations prior to the new year, any salary adjustment would be effective in January as it is with the other City employees. At the time of her evaluation in June, Council determined that the City Secretary should have an evaluation during the fall of this year to begin the new schedule. City Attorney Betsy Elam has prepared the addendum to the employee contract to include the following statement, "In the event the City Secretary voluntarily retired or is terminated pursuant to Section 3.A or deemed terminated by Section 3.0 of the Agreement, Southlake agrees to pay for, in its entirely, the City Secretary's health insurance until the City Secretary reached the age of eligibility for federal health insurance assistance in the form of Medicare or Medicaid or in the form available at the time the City Secretary is eligible for such assistance." Financial Consideration: 10J-1 City of Southiake, Texas i Citizen Input/ Board Review: n/a Legal Review: yes Alternatives: Amend the Addendum presented. Supporting Documents: Current employee contract for the City Secretary, including Addendum#1, #2, and#3. Staff Recommendation: Approval of the attached Addendum to the City of Southlake Employee Agreement for the City Secretary. SLG Approved for Submittal to City Council: Cit ager's Office 10J-2 ADDENDUM TO CITY OF SOUTHLAKE EMPLOYMENT AGREEMENT CITY SECRETARY This is an addendum to the Employment Agreement between City Secretary Sandra L. LeGrand and the City of Southlake dated April 23, 1996, "Agreement". This Addendum shall be effective upon execution by both parties. The parties mutually agree to modify the Agreement as follows: 1 . The terms of this Addendum shall control in the event of conflict with the Acreem-ent. 2. Nothing in the Agreement shall prevent, limit or otherwise interfere with the right of the City Secretary to retire from her position with Southlake, subject only to the provisions set forth in Section 3.D. to the Agreement, and subject to her eligibility for retirement under the then current policies of the City of Southlake. 3. In the event the City Secretary voluntarily retires or is terminated pursuant to Section 3.A. or deemed terminated by Section 3.C. of the Agreement, Southlake agrees to pay for , in its entirety, the City Secretary's health insurance until the City Secretary reaches the age and eligibility for federal health insurance assistance in the form of medicare or medicaid or in the form available at the time the City Secretary's is eligible for such assistance. IN WITNESS WHEREOF, the City of Southlake has caused this Agreement to be signed and executed on its behalf by its Mayor duly attested by its City Secretary, and the City Secretary has signed and executed this Agreement, both in duplicate, and day and year first above written. Rick Stacy, Mayor City Manager: James W. Campbell III ATTEST: Kim Bush, Acting City Secretary APPROVED AS TO FORM: City Attorney 1Q1'IT 3 HALIBRARY1SouthlakelAgreements\CitySecretary.addend um.wpd Page 1 OFFICIAL RE,— CITY OF SOUTHLAKE Employment Agreement City Secretary THIS AGREEMENT, made and entered into this the 23rd day of April, 1996, by and between the City of Southlake, State of Texas, a municipal corporation, chartered under the constitution of the State of Texas as a home rule city, herein after called "Southlake" and Sandra L. LeGrand, hereinafter called "City Secretary," both of which parties hereto understand and agree as follows: WITNESSETH: WHEREAS, Southlake desires to employ Sandra L. LeGrand as City Secretary of the City of Southlake, as provided by the Southlake City Charter; and WHEREAS, it is the desire of the Southlake City Council to provide certain benefits, establish certain conditions of employment, and set certain working conditions of said City Secretary; and WHEREAS, Sandra L. LeGrand desires to accept employment as City Secretary of said City on the terms outlined herein; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and hereinbefore stated, the parties hereto agree as follows: Section 1. Employment and Duties Southlake hereby agrees to the continued employment of Sandra L. LeGrand as City Secretary of Southlake and Sandra L. LeGrand agrees to perform the functions and duties specified in the Southlake City Charter, and to perform such other duties and functions as the City Council shall from time to time assign. Section 2. Term A. Nothing in this Agreement is intended, nor shall same be construed, to in anywise create a limitation of term of City Secretary's appointment as City Secretary of the City of Southlake for less than an indefinite term, nor to anywise abridge the authority of City Secretary of the City of Southlake. B. Likewise, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of City Secretary at any time, subject only to the provisions set forth in Section 3, paragraphs A and B, of this Agreement. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Secretary to resign at any time from her position with Southlake, subject only to the provisions set forth in Section 3, paragraph D;of this Agreement. Employment Agreement City Secretary Page 2 D. City Secretary agrees to remain in the exclusive employ of Southlake as its City Secretary until April 23, 1998, and for any further periods for which this contract may be extended, and neither to, accept, nor to become employed by any other employer until said termination date, unless this Agreement is earlier terminated as hereinafter provided. Section 3 Termination and Severance Pay A. In the event City Secretary is terminated by the City Council after the effective date of this Agreement and before expiration of the aforesaid term of employment and during such time City Secretary is willing and able to perform her duties of City Secretary, then, in that event, Southlake agrees to pay City Secretary a lump sum payment in an amount equal to six (6) months salary at the then current salary of City Secretary and to extend City Secretary's health and life insurance for six months. B. In the event City Secretary is terminated "for cause," Southlake shall have no obligation to pay the cash severance payment designated in this paragraph. The term "for cause" shall mean: 1. Any willful breach, disregard or habitual neglect of duties requested of City �- Secretary by the Southlake City Council formally communicated to City Secretary or required to be performed by City Secretary hereunder or under the Charter and ordinances of the City of Southlake and the laws of the United States and the State of Texas. 2. Any misconduct of City Secretary involving an act of moral turpitude or of illegality. 3. Any misapplication or misuse by City Secretary of City funds entrusted to or administered by City Secretary. C. In the event Southlake, at any time after the effective date of contract and during the employment term hereof, reduces the salary or other financial benefits of City Secretary in a greater percentage than an applicable across-the-board reduction for all city employees, or in the event Southlake refuses, subsequent to such date and following written notice, to comply with any provision hereof benefiting City Secretary herein, then, in that event, City Secretary may, at her option, be deemed to be "terminated" at the date of such reduction or such refusal to comply with terms hereof by Southlake and shall be entitled to the cash severance payment and insurance benefit extension provided for above. D. In the event City Secretary voluntarily resigns her position with the City of Southlake ..,, before expiration of the aforesaid term of employment, then City Secretary shall give the City of Southlake two (2) months notice in advance, unless both parties agree otherwise. Employment Agreement City Secretary Page 3 Section 4. Salary Southlake agrees to pay City Secretary for her services rendered pursuant hereto an annual base salary of$48,000.00 payable in installments at the same time as other employees of Southlake are paid. Such annual salary may be modified from time to time by notice to City Secretary, in writing, referencing this Agreement and signed by the then Mayor or Mayor Pro Tem of the City of Southlake. Section 5. Hours of Work City Secretary is an exempt employee expected to engage in those hours of work which are necessary to fulfill the obligations of the City Secretary's position and therefore does not have set hours of work and is available at all times. City Secretary acknowledges that the proper performance of duties as City Secretary of the City will often require the performance of necessary services at other times and for more extended periods. City Secretary agrees to devote such additional time as is necessary for the full and proper performance of duties and that the compensation herein provided for includes compensation for the performance of all such services; however, it is the desire of Southlake that reasonable compensatory time off be permitted City Secretary, such as is customary for all other exempt employees, so long as such compensatory time off does not interfere with the normal conduct of the Office of the City Secretary. Section 6. Automobile, Mobile Phone and Other Expenses A. City Secretary's shall be reimbursed mileage for any use of her personal vehicle while on City business. Mileage reimbursement shall be at the same rate paid other employees of the City of Southlake. B. A mobile phone will be provided for City Secretary's unlimited use in the performance of her duties hereunder. C. Southlake agrees to pay all reasonable business expenses incurred by the City Secretary on City business. Section 7. Dues and Subscriptions Southlake agrees to budget and to pay the dues of City Secretary for membership in the following professional and civic organizations and subscriptions of City Secretary necessary for her continuation and full participation in national, regional, state and local associations and Employinent Agreement City Secretary Page 4 organizations necessary and desirable for continued professional participation, growth and advancement, for the good of Southlake: Association of Records Managers and Administrators, Inc. (ARMA) ARMA International Records Management International Institute of Municipal Clerks North Texas Municipal Clerks Association Texas Municipal Clerks Association Section 8. Professional Development A. Southlake hereby agrees to budget and to pay the reasonable travel and subsistence expenses of City Secretary for professional development and official travel in sums adequate to continue the professional development of City Secretary and to adequately pursue necessary official and other functions for Southlake, including, but not limited to, theTexas Municipal League, and such other national, regional, state and local governmental groups and committees thereof which City Secretary serves as a member, subject to City Council review and approval. `�•- B. Southlake also agrees to budget and to pay for the travel and subsistence expenses of City Secretary for short courses, institutes and seminars that are necessary for professional development and for the good of Southlake. Section 9. Sick Leave City Secretary shall be entitled to sick leave on the same basis as heretofore accrued and credited, and on the same basis as for all other general employees of the City of Southlake. Should City Secretary become so disabled by injury or illness so as to be totally disabled from performing her duties as the City Secretary, City Secretary shall be additionally entitled to disability benefits which will continue City Secretary's salary and other benefits hereunder for a period beyond and after accumulated vacation and sick leave not to exceed twelve (12) weeks in the aggregate. Section 10, Vacation City Secretary shall be entitled to vacation leave on the same basis as heretofore accrued and credited, and on the same basis as for all other general employees of the City of Southlake. �.... Section 11 Health Insurance and Annual Medical Examination Southlake agrees to provide dental, hospitalization, surgical and comprehensive medical insurance Employment Agreement City Secretary Page 5 for City Secretary and to pay the premium thereon, such benefits to be equal to that which is provided for all other city employees. Southlake further agrees to pay or reimburse to City Secretary the expenses of an annual medical physical examination with appropriate tests being necessary or advisable by the examining physician of City Secretary's choice for and during the term of this Agreement. Expenses for such annual physical medical examination shall in no event exceed those reasonably and customarily charged by area physicians for like examinations. Section 12, Retirement Southlake agrees to provide City Secretary, to the full extent of her eligibility for same, retirement benefits under the Texas Municipal Retirement System, same being the normal city retirement system presently in force. Section 13, Outside Employment City Secretary acknowledges, for and during the term of this Agreement, that City Secretary shall devote her full time and effort to performance of the duties required hereunder and shall not undertake, nor accept, any outside or other employment which would in anywise limit City �..- Secretary's performance of her duties hereunder or her availability for performance of duties hereunder without the prior consent of the Southlake City Council. Section 14, Investments It is further understood and agreed that because of the duties of City Secretary within and on behalf of the City of Southlake and its citizenry, City Secretary shall not, during the term of this Agreement, individually, as a partner,joint venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City of Southlake, except as to stock ownership in any company whose capital stock is publicly held and regularly traded, without the prior consent of the Southlake City Council. For and during the term of this Agreement, City Secretary further agrees, except as to City Secretary's personal residence or residential property acquired or held for future use as City Secretary's personal residence, not to invest, without the prior approval of the Southlake City Council, in any other real estate or real property improvements within the corporate limits of the City of Southlake, Texas. Section 15. Indemnification A. Southlake shall indemnify City Secretary against expenses (including attorney's fees) and amounts paid in settlement actually and reasonably incurred by her in connection with the defense of any civil, criminal or administrative action, suit or proceeding in which she is made a party or with which she is threatened, by reason of being or because of any act as .Employment Agreement City Secretary Page 6 City Secretary within the course and scope of her duties and employment hereunder if she acted in good faith and in a manner in which she reasonably believed to be in or not opposed to the best interest of Southlake, and with respect to any criminal action or proceeding, had no reasonable cause to believe her conduct was unlawful. B. Notwithstanding the foregoing, she shall not be entitled to indemnification regarding (i) any matter in which she shall be adjudged to be liable for negligence or misconduct in the performance of her duties, or (ii) any matter in which she fails to notify Southlake of a claim within a reasonable time or fails to cooperate in the defense of such claim, but only to the extent that the defense of such claim is prejudiced by her failure to give notice or to cooperate. Section 16, Bonding Southlake shall bear the full cost of any fidelity or other bonds required of City Secretary under any law or ordinance. Section 17 Other Terms and Conditions of mploymenr_ A. The City Council shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of City Secretary, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, or any other law. B. All provisions of the City Charter, Code, and regulations and rules of Southlake relating to vacation, sick leave, retirement, pension system.contributions, holidays, other fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to City Secretary as they would to other employees of Southlake in addition to the other benefits enumerated specifically for the benefit of City Secretary as herein provided. Section 18 Terms Renewal and Extension Subject to the provisions of Section 2 hereof, it is intended by the parties hereto that, unless same be sooner modified or terminated as herein authorized, the initial term of this Agreement shall be from April 23, 1996, through April 23, 1998. Commencing during the month of April 1997, and on each successive April during the term of this Agreement, the City Council shall review the employment of the City Secretary and this Agreement generally and specifically for the purpose of determining an automatic extension thereof for successive two (2) year periods. In the event the decision shall then be made to modify the annual salary of the City Secretary and/or extend the term hereof for a successive one (1) year period, same may be effected by attachment of an 'Employment Agreement City Secretary Page 7 addendum hereto in the form of an Exhibit "A" indicating any salary modification and term extension and signed by City Secretary and the Mayor or Mayor Pro Tern of the City of Southlake. Section 19. General Provisions A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement, subject to the provisions of Sections 2 and 18 hereof, shall become effective commencing April 23, 1996, and extend through April 23, 1998, and for any and such other extensions as may be provided under the provisions of Section 18 hereof. C. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. D. The City Council shall conduct an annual review of the City Secretary's performance on or before April 23 of each year. The annual reviews a process by which actual performance is compared against written standards established and agreed to in terms of key duties, goals, and performance dimensions for the proceeding year. A written evaluation shall be prepared by each Council member with the results compiled into a single form by the Mayor. The Mayor and City Council shall meet with the City Secretary in Executive Session to discuss the evaluation. IN WITNESS WHEREOF. the City of Southlake has caused this Agreement to be signed and executed on its behalf by its Mayor and the below-named members of the Southlake City Council, duly attested by its City Secretary, and the City Secretary has signed and executed this Agreement, both in duplicate, and day and year first above written. ary Fic , May6r City Secretary: Sandra L. LeGrand Employment Agreement City Secretary Page 8 �• <q A .. t� ;k r ATTEST: K' Bush, Acting City Secretary APPROVED AS TO FORM: n ity Attorney C:�WP31\PERSONELXAGREEMNT.SEC/W5-01•%) t ADDENDUM #1 TO OFFICIAL RECORD CITY OF SOUTHLAKE ... Employment Agreement City Secretary WHEREAS, the City of Southlake and City Secretary Sandra L. LeGrand entered into an employment agreement on the 23rd day of April, 1996; and WHEREAS, the City Council of the City of Southlake approved the employment of Sandra L. LeGrand for a two-year term through April 23, 1998, at an annual salary of $48,000.00 and provided that the City Council may extend the term of the agreement for a successive one(l) year period and modify the annual salary; and WHEREAS, Sandra L. LeGrand accepted the employment agreement on the terms outlined; and WHEREAS, the City Council of the City of Southlake desires to amend the employment agreement of City Secretary Sandra L. LeGrand as outlined herein; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT: 1. The annual salary for City Secretary, as agreed to in Section 4 of the original agreement, is hereby increased, as provided in Section 18 of the original agreement, from $48,000.00 to $50,000.00; and 2. The mileage reimbursement, as agreed to in Section 6 A of the original agreement, is changed to read as follows: "City Secretary shall receive an auto allowance at a rate of $200.00 per month"; and 3. The term of employment for City Secretary, as agreed to in Section 18 of the original agreement, is extended for an additional year to April 23, 1999; and 4. Should the position of City Secretary be reclassified from an exempt employee to a non- exempt employee as a result of the Fair Labor Standards Act interpretation, the City Council at that time will revisit and renegotiate the terms of the original agreement under Section 5. Hours of Work. IN WITNESS WHEREOF, the City Council of the City of Southlake has caused this addendum to be approved, signed and executed on its behalf by its Mayor this day of 1997. !q><�-t2 ADDENDUM #1 Employment Agreement City Secretary Page 2 City Secretary: Cayo Rick Stacy �W111111111 SOUT Sandra L. LeGrand City Secretary ATTEST: "ILES\CEH\ADDNDMI.SLG cretary ADDENDUM #2 TO OFFICIAL RECORD CITY OF SOUTHLAKE `•- Employment Agreement City Secretary WHEREAS, the City of Southlake and City Secretary Sandra L. LeGrand entered into an employment agreement on the 23rd day of April, 1996; and WHEREAS, the City Council of the City of Southlake approved the employment of Sandra L. LeGrand for a two-year term through April 23, 1998, at an annual salary of $48,000.00 and provided that the City Council may extend the term of the agreement for a successive one(1) year period and modify the annual salary; and WHEREAS, the City Council of the City of Southlake, at their regular meeting May 1, 1997, approved Addendum #1 to City of Southlake Employment Agreement for City Secretary, to increase the annual salary from $48,000.00 to $50,000.00, provide auto allowance at a rate of $200.00 per month, and to extend the original employment agreement for an additional year to April 23, 1999; and WHEREAS, Sandra L. LeGrand accepted the employment agreement on the terms outlined; and WHEREAS, the City Council of the City of Southlake desires to amend the employment agreement of City Secretary Sandra L. LeGrand as outlined herein; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT: 1. The annual salary for City Secretary, as agreed to in Section 4 of the original agreement and as amended in Addendum#1, shall remain at$50,000.00, however, City Council will consider the possibility of participation in a Social Security plan. If participation in a Social Security plan proves not to be a viable option, City Council will reconsider whether any salary modification should be made within sixty (60) days from the date of this Addendum. 2. The term of employment for City Secretary, as agreed to in Section 18 of the original agreement and as amended by Addendum #1, is extended for an additional year to April 23, 2000. IN WITNESS WHEREOF, the City Council of the City of Southlake has caused this addendum to b appr ved, signed and executed on its behalf by its Mayor this � day of 1998. Mayor Rick Stacy ADDI✓NDUM #2 Employment Agreement City Secretary Page 2 City Secretary: Sandra L. LeGrand ````\\`�����glpV����is,, City Secretary �• �..•�•'•••.T,�, _��'�� •:yam. ATTEST: =v m llll I I1111\ #D:MF-Fsh, Acting City Secretary H\ADDHDM2.SLG Addendum #3 OFFICIAL RECORD Employment Agreement City Secretary Page 1 ADDENDUM#3 TO CITY OF SOUTHLAKE Employment Agreement City Secretary WHEREAS, the City of Southlake and City Secretary Sandra L. LeGrand entered into an employment agreement on the 23`d day of April, 1996; and, WHEREAS, the City Council of the City of Southlake approved the employment of Sandra L. LeGrand for a two-year term through April 23, 1998, at an annual salary of $48,000.00 and provided that the City Council may extend the term of the agreement for a successive one (1) year period and modify the annual salary; and, WHEREAS, the City Council of the City of Southlake, at their regular meeting May 1, 1997, approved Addendum #1 to the City of Southlake Employment Agreement for City Secretary, to increase the annual salary from $48,000.00 to $50,000.00, provide auto allowance at a rate of $200.00 per month, and to extend the original employment agreement for an additional year to April 23, 1999; and, WHEREAS, the term of employment for City Secretary, as agreed to in Section 18 of the original agreement and as amended by Addendum #2, is extended for an additional �. year to April 23, 2000. WHEREAS, Sandra L. LeGrand accepted the employment agreement on the terms outlined; and, WHEREAS, The City Council of the City of Southlake desires to amend the employment agreement of City Secretary Sandra L. LeGrand as outlined herein; NOW THEREFORE,KNOW ALL MEN BY THESE PRESENTS THAT: 1. The annual salary for City Secretary, as agreed to in Section 4 of the original agreement and as amended in Addendum #3, shall be increased from $50,000.00 to $57,000.00 by action taken during the Regular City Council meeting held on June 15, 1999. 2. The term of employment for City Secretary, as agreed to in Section 18 of the original agreement and as amended by Addendum # 2, will expire on April 23, 2000. IN WITNESS WHEREOF, the City Council of the City of Southlake has caused this addendum to be approved, signed and executed on its behalf by its Mayor this the 15d' day of June, 1999. (t ��' Addendum #3 Employment Agreement City Secretary Page 2 May4 Rick Stacy City Secretary: x 4�4�� Sandra L. LeGrand City Secretary \�\ ��-AKF .� •.......... . OJ,.• ti�f ATTEST: Ki Bush, Acting City Secretary City of Southlake, Texas MEMORANDUM December 3, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Approval of the Five (5) Year Parks Capital Improvement Program for FY 2000 through FY 2004, including FY 1999-2000 Capital Improvements Budget. Action Requested: City Council consideration of the five (5) year Parks Capital Improvement Plan (CIP), including the FY 1999-00 Parks Capital Improvements Budget. Background Information: At the time of approval of the Parks Five (5) Year CIP by SPDC at their October 26, 1998 meeting, staff committed to annually reviewing and refining project costs for factors such as inflation, clearer definition of project scope, etc. Staff has been working on the revision process, and now seeks approval of the refinements and the Parks Capital Improvement Budget for FY 1999-2000. SPDC and the Parks and Recreation Board prioritized ten (10) capital projects at the September 27, 1999 joint meeting, and the Parks and Recreation Board prioritized the remaining projects at their October 11, 1999 meeting. Staff took this direction and incorporated the prioritization into the Proposed Parks Five (5) Year CIP and the FY 1999-2000 Parks Capital Improvements Budget. The proposed Capital Improvements Plan was considered by SPDC at their November 1, 1999 meeting. At this meeting, several changes were made to the proposed plan, including allocation of $1.25 million over three years towards the proposed Carroll ISD natatorium, and changes in funding regarding a Recreation/Teen Center. Initial considerations in the development of the CIP included: • a projection for sales tax growth of 15% per year, • maintaining the existing bond issuance schedule of FY 2001 and FY 2003, • the award of a $500,000 indoor grant from TPWD for the construction of a Community Center, • Joint Use allocations of $20,000 every other year, and Matching Funds Program at $100,000 each year. The CIP was not approved in its entirety at the November 1, 1999 meeting with the Board wanting to discuss it further in December. The Board did approve the FY 2000 and FY 2001 projects, and the allocation of funding • Billy Campbell, City Manager December 3, 1999 Page 2 towards the proposed joint use natatorium. Included in this packet is the 5- Year CIP as determined by SPDC at their November 1, 1999 meeting. Subsequent to this meeting, staff has undertaken an extensive review of all SPDC expenditures, from inception of SPDC to September 30, 1999, and estimated outstanding expenditures to complete projects in progress or planned, and outstanding debt payments for land acquisition. We are also looking at various scenarios for additional debt issues. Finance Director Sharen Elam has worked with the City's financial advisor, Jim Sabonis of First Southwest, to analyze debt capacity based on three approaches, which could generally be described as aggressive, moderate, and conservative. Sharen will discuss the scenarios and the assumptions of each in detail with SPDC at their board meeting on Monday, December 6, 1999. Additionally, each scenario will be analyzed using the 15% per year sales tax growth rate currently assumed, and a more conservative estimate of 10% per year sales tax growth. The information for these scenarios will be presented to the SPDC at a work session prior to their meeting on Monday, December 6, 1999. SPDC is expected to consider and approve the 5-Year Parks Capital Improvements Plan for FY 2000 though FY 2004 at their December 6 meeting. The approved CIP will be brought to the Council at their December 7 meeting for their consideration and approval. Financial Considerations: The Parks Five (5) Year CIP allocates approximately $14 million in project expenditures over a five (5) year period from FY 2000 through FY 2004. Citizen Input/ Board Review: SPDC and the Parks and Recreation Board prioritized ten (10) projects at the joint meeting held on September 27, 1999. A follow-up prioritization of twenty-six (26) total projects was approved by the Parks and Recreation Board at their October 11, 1999 meeting on Regular agenda (7-0). The refined Five (5) Year Parks CIP, including the FY 1999-00 Parks Capital Project Budget, were based on this prioritization and presented to SPDC. SPDC discussed the proposed Parks Five (5) Year CIP at their October 25, 1999 meeting. Desiring to have more members in attendance prior to approval, the Board provided staff with feedback and tabled consideration of the proposal (4-0). At this time the Board requested a Special Meeting for November 1, 1999 to consider the Parks CIP. The attached CIP is the result of this meeting as discussed previously, and the SPDC will consider, and is expected to approve the 5-Year Parks CIP at their December 6 meeting. NAParks&Recreation\BOARDS\CC\ParksCIP-OO.doc 11DYm-P& Billy Campbell, City Manager December 3, 1999 Page 3 There are a number of adults and teens that are expected to be at the SPDC meeting and the City Council meeting to voice their concerns regarding the Recreation/Teen Center project. Legal Review: Not Applicable. Alternatives: Alternatives include the following: ■ Disapproval of the 5-Year Parks Capital Improvements Plan for FY 2000 through 2004, including the FY 1999-2000 Parks Capital Improvements Budget. Supporting Documents: Supporting documents include the following items: ■ Copy of the Five (5) Year Parks CIP, including the FY 1999-00 Parks Capital Improvements Budget, as determined by SPDC at the November 1, 1999 meeting. Staff Recommendation: Place as an item on the December 7, 1999 City Council meeting agenda to consider the Five (5) Year Parks CIP, including the FY 1999-00 Parks Capital Improvements Budget. a �— KH N:\Parks&Recreation\BOARDS\CC\ParksCIP-OO.doc 11D96-3 PARK BOARD PROJECT PRIORITIZATION -October 11, 1999 (1) Continental Trail Phases I and II (2) Bob Jones Trail Head Improvements (3) Teen Center Study (3) Capping Wells at Bob Jones Park (3) Bleachers (3) Two Game Fields and Lighting (4,5,10) at Bicentennial Park (4) Bob Jones park Development (4) Nature Center Improvements (4) Smith Park Planning and Phase I Improvements (4) On-Road Signage (5) Loop Trail Durham/CJHS/Bicentennial Park (5) In-Line Hockey Court Cover (6) Girls Softball Complex (7) Koalaty Park Phase 1 (8) Smith Park Construction (8) Recreation Center Planning (9) Recreation Center Construction (10) Koalaty Park Phase II (11) Noble Oaks Park (12) Lonesome Dove Playground Improvements (13) Equestrian Facilities at Bob Jones Park (14) Portals (15)Senior Activity Center Parking (16)Sheltonwood Phase 1 (17)Aquatic Center Planning (18)Aquatic Center Construction /o9• SOUTHLAKE PARKS DEVELOPMENT CORPORATION Capital Improvements Plan - FY 1999/2000 Beginning Fund Balance $752,750 FY 99 Reallocation-Teen Center Planning $150,000 FY 99 Reallocation- Koalaty Park Planning $10,000 Interest Earnings $125,000 TPWD Grant Proceeds $250,000 Operating Funds Transfer $500,000 Total Beginning Fund Balance $1,787,750 (1) Continental Phase I and II trail construction $320,000 (2) Bob Jones Trail Head Improvements $16,000 (3) Teen Center Study $10,000 (3) Capping Wells at Bob Jones Park $20,000 (3) Bleachers $11,000 (3) Two Game Fields and Lighting (4,5,10)at Bicentennial Park $200,000 (4) Smith Park Planning and Phase I Improvements $50,000 (8) Recreation Center Planning $500,000 Matching Funds Program $100,000 Joint Use Projects $20,000 Special Protects $50,000 TOTAL PROJECTS $1,297,000 Total Ending Balance $490,750 1044pr FY 2000 and 2001 Approved by SPDC 11/1/99 SOUTHLAKE PARKS DEVELOPMENT CORPORATION Capital Improvements Plan - FY 200012001 Beginning Fund Balance $490,750 Interest Earnings $175,000 Operating Funds Transfer $500,000 Bond Proceeds $4,400,000 Total Beginning Fund Balance $5,565,750 (4) Bob Jones Park Development $1,810,000 (4) Nature Center Improvements $100,000 (4) On-Road Signage $10,000 (6) Girls Softball Complex $900,000 Recreation (Teen) Center $1,500,000 Joint Use/Natatorium $500,000 Matching Funds Program $100,000 Special Projects $50,000 TOTAL PROJECTS $4,970,000 Total Ending Balance $595,750 109•6 SOUTHLAKE PARKS DEVELOPMENT CORPORATION Capital Improvements Plan - FY 200112002 Beginning Fund Balance $595,750 Interest Earnings $125,000 Operating Funds Transfer $500,000 Total Beginning Fund Balance $1,220,750 (7) Koalaty Park Phase 1 $250,000 (8) Smith Park Construction - Phase II $300,000 (5) Loop Trail Bicentennial/Durham/Cj $230,000 Matching Funds Program $100,000 Joint Use Projects/Natatorium $520,000 Special Projects $50,000 TOTAL PROJECTS $1,450,000 Total Ending Balance (229,250) 10907 SOUTHLAKE PARKS DEVELOPMENT CORPORATION Capital Improvements Plan - FY 200212003 Beginning Fund Balance (229,250) Interest Earnings $175,000 Operating Funds Transfer $500,000 TPWD Grant Proceeds $500,000 Bond Proceeds $5,500,000 Total Beginning Fund Balance $6,445,750 (9) Recreation Center Construction $5,500,000 (10) Koalaty Park Phase II $250,000 Matching Funds Program $100,000 Joint Use/Natatorium $250,000 Special Projects $50,000 TOTAL PROJECTS $6,150,000 Total Ending Balance $295,750 /0X•8 SOUTHLAKE PARKS DEVELOPMENT CORPORATION Capital Improvements Plan - FY 200312004 Beginning Fund Balance $295,750 Interest Earnings $125,000 Operating Funds Transfer 500 000 Total Beginning Fund Balance $920,750 (11) Noble Oaks Park $280,000 (12) Lonesome Dove Playground Improvements $125,000 (14) Portals $50,000 (15) Senior Activity Center Parking Lot Expansion $30,000 (16) Sheltonwood Phase I Development $300,000 (17)Aquatic Center Planning $290,000 Matching Funds Program $100,000 Joint Use Projects $20,000 Special Proiects 50 000 TOTAL PROJECTS $1,245,000 Total Ending Balance (324,250.00) Proposed Future Projects (13) Aquatics Center Construction $2,900,000 (18) Equestrian Facilities at Bob Jones Park $3,500,000 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. 4044) IA17199 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -320 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 11114. 11115. 1116E. AND ACRES, AND MORE FULLY AND COMPLETELY IN EXHIBIT "A" FROM "MH" MANUFACTURE DISTRICT TO "S -P'1" DETAILED SITE PLAN DI9 "I -1" LIGHT INDUSTRIAL DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals WCOMMUNITY DEVELOPMENT\WP -FILES \ORDINANCES \CASES \480- 320. DOC Page 1 and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "MH" Manufactured Housing 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 NACOMMUNITY DEVELOPMENT\WP- FILES \ORDINANCES \CASES \480- 320. DOC Page 2 throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, WCOMMUNITY DEVELOPMENT\WP- FILES \ORDINANCES \CASES \480- 320. DOC Page 3 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 1B14, 11315, 1136E, and 1B6F situated in the Harrison Decker Survey, Abstract No. 438, and being approximately' 0.892 acres, and more fully and completely described in Exhibit "A" from "MH" Manufactured Housing District to "S -P -1" Detailed Site Plan District with "1 -1" Light Industrial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." 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 N: \COMMUNITY DEVELOPMENT\WP -FILES \ORDINANCES \CASES \480- 320. DOC Page 4 avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. N: \COMMUNITY DEVELOPMENT\WP -FILES \ORDINANCES \CASES \480- 320. DOC Page 5 SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. NACOMMUNITY DEVELOPMENT\WP- FILES \ORDINANCES \CASES \450- 320. DOC Page 6 PASSED AND APPROVED on the 1st reading the ATTEST: day of , 1998. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: WCOMMUNITY DEVELOPMEI MWP- FILES \ORDINANCES \CASES \480- 320.DOC Page 7 EXHIBIT "A" BEGINNING at a112" iron found for the Northeast corner of the herein described tract, said point being by deed calls in a deed recorded in Volume 4307, Page 652, N. 89 55' -23° E. 1096.1 feet and S.0 11' -21" E. 363.39 feet from the Northwest corner of a called 67.15 acre tract as described in the last referenced deed, said point also being called S. 0 111 -21" E. 363.93 feet from the South line of Continental Boulevard; THENCE S.0 12-43 "E. 158.34 feet to a 1/2" iron found at the Southeast corner of the herein described tract, being the Southeast corner of the tract described in Volume 'i312, Page 2128, above referenced; THENCE N. 89 45' -13" W. 245.58 feet to a capped iron found in the East line of Timberline Drive; THENCE N. 0 01 -18' W. 158.33 feet along said East line 158.33 feet to a 1/2" iron found in same for corner, said point being the Northwest corner of the tract described in Volume 8044, Page 283, above referenced; THENCE S. 89 45' -16" E. 245.05 feet to the POINT OF BEGINNING and containing 38841 + / -- square feet = 0.892 acres. This tract is subject to the Dallas -Fort Worth Regional Airport Zoning Ordinance No. 71 -100 recorded in Volume 7349, Page 1106, DRTCT. LACITY MANAGER OFFICE \CITY DOCS \ORD \CASES \480- 320. DOC Page 8 8.4 2-3 EXHIBIT "B" swa 'ALLNnoo1NVSHV1'3NV'1Hinos illn03 3Nn'd3swu un / wG j ;11 sw alsAS !d U %S a•s : jJII old, IAA � imp gill T>t • ,f -_ r � � S i 4 �r iFl ti y I p I }T Y � i• Y7 �S� y 3 fY f AS _ < 3 b _3a 3zC YY }1 C7) �1d3.d3 _ Y F lj %S a•s : jJII old, IAA � imp gill T>t • -_ r � � %S a•s : jJII old, IAA � imp gill T>t LACITY MANAGER OFFICE \CITY DOGS \ORD \CASES \480- 320. DOC Page 9 ILAM A.,zq r � � S i w I Y y I p I }T Y LACITY MANAGER OFFICE \CITY DOGS \ORD \CASES \480- 320. DOC Page 9 ILAM A.,zq EXHIBIT "C" This page reserved for the approved City Council motion. LACITY MANAGER OFFICE \CITY DOCS \ORD \CASES \480- 320. DOC Page 10 SA-ZS . ......... s. .'#A 'f r r jTj Ii\ 9 JL IM Dl. IN bL) 3 AC 13 AC f I vl 12.678 >� ? 33 34 1A1 35 [3 .359 AC E" - tj � n TR 6F 36 4.07 AC 1A2 1B .735 C1 .093 0 A 37 ---------------------------------------------------------------------- 184J1 TR 1 134K3 2 " .46 ® 46 0 TR 181101) D. STOWE R 184J TR 1B4K .67 AC .46 ® .46 AC R 1134C W. LIGHTCAP TR 1B4K1 46 AC .515 fir yVv 244 fR 184P TR 184K2A H L. COOK S. HUGHES 46 AC .46 n I - ♦ fR TR 1 B4K2 R. UNDERWOOD S. HUGHES 1 I 4i 'R 1 U TR 184K2B SEE NOTE 1 46 ® .46 �,MH,� SEE NOTE 2 'R 1B4 TR 1 B4 .46 0 .46 AC T. MCCLELLAN 'R 1 B4T J. HALL TR 184H 46 ® .46 AC R 184S U TR 1 B4L5 " M H a U J. LEPP " H " .46 0 .46 AC W D. WINTERS Z M. LONG R 1 B4 to TR 1841-4 46 AC O 46 AC W TR 1813 �p R 1 B4 TR 1841-3 (q .4 AC 6D 46 AC .46 AC TR 1B11A TR .45 AC H TR 1816 i e R 184M TR 1B41-2 .4 AC 6c TR 1811 TR 1B8 T 6 AC 46 AC .45 AC 4 AC e R 1B4M3 TR 1B41-6A TR 1 B9 46 ® .46 0 .45 AC TR 1 B8A ie R 1 B4M 1 TR 1 B41-6 TR 1896 6 .4 AC 6s1 .46 ® .46 AC 45 AC TR 1 BBC 9 . a AC se R 184M2 TR 1B4L1 TR 1B9 F6 AC .46 AC "` TD 1DRD TR TR 184L7 ADJACENT OWNERS .6 AC .46 AND ZONING R 1 B4 TR 1 B4 .45 AC TR ieicI -6 AC .515 0 TR 1878 18 TR 1 B7A .4 AC 6A7 2 .4822 0 2 AC T441BC I 43 AC TR 1B7 6 .38 AC 6 U4 3 EXPLORER PIPELINE CO. TR 181A 15.6 AC CONOCO INC_ ETAL nl - nn TR 1B1 1 is Rr.A AT *Note 1: Tract 1 B12 Owner of land: G. Marsh Owner of mobile home: C. Sanson *Note 2: Tract 1 B 12A H Owner of land: M. Brewer Owner of mobile home: M. Vincent 1.1