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1998-04-21 CC PacketAttention Southlake Voters A meeting to present information about the 7 proposed amendments to the city's Home Rule Charter on the May 2 ballot is scheduled for: April 29, 7.00 p.m. Communitv Center A (W 0110A SPIN #15 Jellico Estates Meeting April 28, 1998 7:00 p.m.- 400 Brock Dr. � ,. 4ehborha- . x�� Director of Public Works Bob Whitehead and Engineer Shawn Poe will present information concerning the Neighborhood Sewer Program for Jellico Estates. The meeting will be held at the home of Wayne & June Haney, SPIN Representatives for area #15. Mr. Haney will also bring pdated information on other proposed developments for 7IN #15. For more formation call 379-5617. city manager's report 1791998 City Council Meeting April 21, 1998 The following items will be addressed at the regular City Council meeting on April 21, 1998 Consent Agenda: A) Ord. 622-B, Authority for Building Board of Appeals to hear appeals to the cros' connection ordinance. B) Commercial developer agreement for Stone Bridge Park (#15) C) Award of bid for contract mowing D) Award of bid for a portable sewage pumping system E) Professional services agreement for design services for Town Hall F) Authorizaton to advertise for bids for the installation of sanitary sewer and the abandonment of a lift station between Crossroads Square and Bicentennial Park G) Commercial developer agreement for Shurgard Storage Centers on the south side of F.M. 1709 east of Crooked Lane H) Res. 98-28, Extending the moratorium on sexually oriented businesses 1) Professional Services Agreement for the development of the Jones Branch Drainage Master Plan Public Forum Ordinances second readings, public hearings. and related items: A) Ord. 702 Abandoning a portion of right-of-way at S. White Chapel Blvd. B) ZA 98-022 Concept Plan for Southlake Crossing Animal Clinic on F.M. 1709, approx. 350' west of Randoll Mill Avenue (#15) Ordinances rust readings, and related items: A) Ord. 703 Authorizing the issuance of Certificates of Obligation B) Res. 98-27 Declaring expectation to reimburse expenditures with proceeds of future debt C) Ord. 480-273 Rezoning and Site Plan for Creekside Office locatedt approx. 600' east of Byron Nelson and F.M. 1709 (#9E) D) ZA 98-023 Plat Showing for Pine Dr., approx. 75' south of Pine Court (#9w) Other items for consideration A) Award of bid for Bicentennial Park Phase II B) Authorization to execute Change Order No. 1 to the contract for grading at Bob Jones Park Other items for discussion A) Uniform Crime Report Upcoming Development Corp. 6:00 p.m. Council Chamber Historical Society 7:00 p.m. Lodge J.E. Faust, whose family were early settlers in the area is the featured speaker. April 21, 1998. City Council 7:00 p.m. Council Chamber April 23, 1998 Planning and Zoning 7:00 p.m. Council Chamber c8p 1810 forum The SPIN Candidate Forum will be broadcast on Cable Channel 25 beginning April 21 through April 28 at the following times: 10:00 a.m. 2:00 p.m. 7:00 p.m. Dement Activi 1 Senior News The following information is from a working staff document. To confirm call and Needs 481-5581 ext. 744 — Planning & Zoning.- April 23 NEWS: • The Senior Activity Center 97-175 Zoning, "AG" to will be open beginning May 4, "SP1" Hanna (#6) 1998! 98-019 Site Plan, Briarwood Estates (#6) • An Open House Week will 98-027 Specific Use Permit be held the week of May 1lth. with Site Plan, Explorer Pipeline (#7) • A special informational 98-028 Concept Plan, Florence program on vascular disease Elementary School (#15) will be held Tuesday, April 21, at 11:00 a.m. in the Lodge. Planning & Zoning - May 7 No registration is necessary. 98-024 Zoning/Concept Plan, • An orientation will be held Remington Retirement (#15) Monday, May 4 at 3:30 p.m. at 98-025 Zoning/Site Plan, the Senior Activity Center for Timarron Phase V for those who wish to apply to be Walgreen (#9W) regular volunteers. 98-038 Revised Preliminary Plat, Timarron, PH V (#9W) 98-030 Zoning/Site Plan, %outhlake Miron (#8) \%e Fest/val 98-031 Plat Revision, Miron ' ► -Xlv S v (#8) 98-032 Zoning, Rougemont (#11) Celebrating the Spirit of 98-033 Zoning/Site Plan Sister Cities White's Chapel Methodist May 2 - May 3 Church (#9W) 98-034 Zoning, Ruby Hill The Southlake Kite Festival in property (#11) the Sky, a multi -cultural event 98-035 Zoning, Fahrenbrook to promote friendship property (#11) throughout the community will 98-036 Preliminary Plat, be held Saturday, May 2, 10 Coventry (#11) am to 8pm and Sunday, May 3, 98-037 Site Plan, Safeco Office noon to 8p.m. in Bicentennial (#13 & #16) Park 98-039 Plat Revision, (#13) This is a free event. No pre registration is required, but children must be accompanied by an adult. City of Southlake, Texas REGULAR CITY COUNCIL MEETING: APRIL 21,1998 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 5:00 P.M. TO 6:00 P.M. 1. Discussion of all items on tonight's meeting agenda. REGULAR SESSION: 6:00 P.M. AGENDA 1. Call to order. Invocation. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.075, 551.076. Refer to posted list attached hereto and incorporated herein. Executive session will be held from 6:00 p.m. to 7:00 p.m. B. Reconvene: Action necessary on items discussed in executive session. 3. Approval of the Minutes of the Regular City Council meeting held on April 7, 1998. 4. REPORTS: A. Mayor's Report. B. City Manager's Report. C. SPIN Report. D. Parks and Recreation Board Report. CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consent: A. Ordinance No. 622-B, 1$t reading, Amending Ordinance No. 622, providing the Building Board of Appeals the authority to hear appeals pertaining to the cross - connection ordinance. Second reading and public hearing set for May 5,1998. i City of Southlake, Texas Regular City Council Meeting Agenda April 21, 1998 Page 2 B. Authorize the Mayor to enter into a commercial developer agreement for Stone Bridge Park, located approximately 800 feet west of the intersection of West Southlake Boulevard and Randol Mill Avenue on the north side of West Southlake Boulevard. C. ' Award of bid to Down to Earth Lawn Care for contract mowing of parks and city facilities, to James Lawn Care for contract mowing of City right-of-ways, and to VMC Landscape Services for contract mowing of State right-of-ways. D. Award of bid to Pump and Power Equipment Company for the purchase of a portable sewage pumping system. E. Authorize the Mayor to enter into a professional services agreement with Urban Architecture for design services for Town Hall. F. Authorization to advertise for bids for the installation of sanitary sewer and the abandonment of a lift station along F.M. 1709 between Crossroads Square and Bicentennial Park. G. Authorize the Mayor to enter into a commercial developer agreement with Shurgard Storage Centers, Inc. for Lot 4, Thomas Easter Survey, No. 474 Addition located on the south side of East Southlake Boulevard and immediately east of Crooked Lane. H. Resolution No. 98-28, Extending the moratorium on sexually oriented businesses for 93 days, until August 4, 1998. I. Authorize the Mayor to enter into a professional services agreement with Freese and Nichols for the development of the Jones Branch Drainage Master Plan. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 702, 2nd reading, Abandoning a portion of right-of-way at South White Chapel Boulevard. PUBLIC HEARING. / B. ZA 98-022, Concept Plan for Southlake Crossing Animal Clinic, on property legally described as being a portion of Lot 4, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat M:\WP-FILES\AGENDAS\cc4-21-98.doc City of Southlake, Texas Regular City Council Meeting Agenda April 21, 1998 Page 3 recorded in Cabinet A, Slide 1253, Plat Records, Tarrant County, Texas, and being approximately 0.528 acres. Location: North side of West Southlake Boulevard (F.M. 1709) approximately 350' west of Randol Mill Avenue. Current zoning is "C-3" General Commercial District. Owner and Applicant: Southlake Crossing Animal Clinic. SPIN Neighborhood #15. PUBLIC HEARING. 8. Ordinances, first readings, and related items: A. Ordinance No. 703, Is' reading, An ordinance authorizing the issuance of Certificates of Obligation, Series 1998. Second reading and public hearing set for May 19,1998. B. Resolution No. 98-27, Declaring expectation to reimburse expenditures with proceeds of future debt. C. Ordinance No. 480-273, Is' reading (ZA 98-006), Rezoning and Site Plan for Creekside Office J.V, on property legally described as being Tracts 2D and 5C situated in the O.W. Knight Survey, Abstract No. 899, and being approximately 1.963 acres. Location: South side of East Southlake Boulevard (F.M. 1709) approximately 600' east of the intersection of Byron Nelson Parkway and East Southlake Boulevard (F.M. 1709). Current zoning is "AG" Agricultural District, with a requested zoning of "0-1" Office District. Applicant: Creekside Office, J.V. Owner: Westerra Timarron, L.P. SPIN Neighborhood #9e. Second reading and public hearing set for May 5,1998. D. ZA 98-023, Plat Showing of Lots 10 and 11, O.W. Knight No. 899 Addition, on property legally described as being approximately 4.231 acres situated in the O.W. Knight Survey, Abstract No. 899, and being Tracts 2A6 and 2A8 and a portion of Pine Court East. Location: East side of Pine Drive approximately 75' south of the intersection of Pine Court and Pine Drive. Current zoning is "SF - IN' Single Family Residential District. Owner and Applicant: Carolyn Ponder. SPIN Neighborhood #9w. Second reading and public hearing set for May 5, 1998 9. Resolutions (no items this agenda). 10. Other items for consideration: A. Award of bid for Bicentennial Park Phase II. B. Authorize the City Manager to execute Change Order No. 1 to the contract with James Arnold Construction for grading at Bob Jones Park. M:\WP-FILES\AGENDAS\cc-4-21-98.doc City of Southlake, Texas Regular City Council Meeting Agenda April 21, 1998 Page 4 11. Other items for discussion: A. Uniform Crime Report. 12. Adjournment. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, and the Administrative Offices, 1725 East Southlake Boulevard, Southlake, Texas, on Friday, Ag ui4498 at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. �� pF s0v ��i�. 9 L. LeGrand City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481-5581 extension 704, and reasonable accommodations will be made to assist you. EXECUTIVE SESSION SECTION 551.071 CONSULTATION WITH ATTORNEY The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney about a pending or contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. City of Southlake vs. Kathy Brunson, William J. Justus, Trustee, William James Elder and James M. Elder, Inc., Employee Profit Sharing Trust. May, 1997. 2. Town of Westlake, Texas, et al vs. City of Southlake, Texas. September, 1997. 3. Town of Westlake vs. City of Southlake, Carroll Huntress, et al. May, 1997. 4. Legal action against Scott Bradley, Charla Bradshaw, Abe Bush, and Fred Held. 1997. 5. Town of Westlake vs. City of Southlake, Texas; Maguire/Thomas Partners-Westlake- Southlake Partnership; Maguire -Partners Westlake Partnership; and MTP-IBM Phase II and III Joint Venture. September, 1997. M:\WP-FELES\AGENDAS\cc-4-21-98.doc i City of Southlake, Texas Regular City Council Meeting Agenda April 21, 1998 Page 5 6. Maurice C. Robertson, Plaintiff, vs. City of Southlake. October, 1997. SECTION 551.072 DELIBERATION REGARDING REAL PROPERTY The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. SECTION 551.073 DELIBERATION REGARDING PROSPECTIVE GIFT The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. SECTION 551.074 DELIBERATION REGARDING PERSONNEL MATTERS The City Council may deliberate the appointments, employment, evaluation, reassignment, duties, discipline or dismissal of public officers or employees, including the City Manager, City Secretary, City Attorney, and City Boards and Commission members. A complete list of the City boards and commissions is on file in the City Secretary's office. - SECTION 551.075 CONFERENCE WITH EMPLOYEES The City Council may confer with one or more employees in a closed meeting to receive information from the employees or to question the employees, but may not deliberate public business or City policy that affects public business. SECTION 551.076 DELIBERATION REGARDING SECURITY DEVICES The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. A FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING MAY ONLY BE MADE IN OPEN SESSION. M:\WP-FILES\AGENDAS\cc-4-21-98.doc GENERAL FUND Statement of Revenues, Expenditures and Changes in Fund Balance for the period ended March 31, 1998 with comparative actual amounts for the period ended March 31, 1997 (fiscal month 6 - 50.00%) Adopted Percen Actual Percent Month Year to Date 1997/98 Collected/ Year to Date Total Collected/ REVENUES 1997/98 Budget 3/31197 9/30/97 Ad Valorem Taxes $69,271 $3,632,839 $4,036,234 90.0% $3,207,176 $3,464,261 92.6% Sales Tax 168,914 1,030,050 2,717,500 37.9% 736,888 1,930,016 38.2% Franchise Fees 53,940 634,735 801,030 79.2% 688,793 939,599 73.3% Fines 54,852 303,228 515,300 58.8% 207,857 509,328 40.8% Charges for Services 44,445 195,912 551,550 35.5% 101,089 354,555 28.5% Permits/Fees 288,266 1,232,600 2,264,710 54.4% 1,065,852 2,525,797 42.2% Miscellaneous 17,152 54,105 113,975 47.5% 45,215 130,203 34.7% Interest Income Q 69,3¢4 155.000 44.8 % 92,807 185.630 50.0 % Total Revenues EXPENDITURES $696,840 $7,152,833 $11,155,299 64.1% $6,145,677 $10,039,389 61.2% City Secretary $20,716 $106,190 $241,365 44.0% $119,855 $242,575 49.4% Human Resources 16,397 96,518 172,288 56.0% 54,745 144,948 37.8% City Manager 27,641 157,792 362,173 43.6% 219,430 499,939 43.9% Support Services 105,099 724,531 1,211,717 59.8% 589,747 1,497,945 39.4% Community Services 18.580 164,283 368,934 44.5% Q Q 0.0% subtotal -General Govt. Dept. 188,433 1,249,314 2,356,477 53.0% 983,777 2,385,407 41.2% Finance 37,032 199,782 420,717 47.5% 232,186 418,017 55.5% Municipal Court 22,307 126,057 282,869 44.6% 107,954 253,010 42.7% Municipal Court -Teen Court 3.426 24.479 55.936 43.8% 20.647 48.370 42.7% subtotal -Finance Dept. 62.765 350,318 759.522 46.1% 360.787 719,397 50.2% Fire 96,454 794,237 1,569,067 50.6% 536,823 1,460,111 36.8% Police 171,806 1,269,703 2,681,325 47.4% 1,086,336 2,242,915 48.4% Public Safety Support 85.243 464,394 1,010,948 45.9% 479,733 975,419 49.2% ubtotal-Public Safety Dept. 353,503 2,528,334 5,261.340 48.1% 2,102,892 4,678,445 44.9% �hwBuilding Inspection 44,251 253,485 605,723 41.8% 234,974 474,511 49.5% Streets/Drainage 63,130 352,158 927,057 38.0% 340,116 903,988 37.6% Public Works Administration 67.178 379,373 873,719 43.4% 299.425 690,191 43.4% subtotal -Public Works Dept. 174,559 985.016 2,406,499 40.9% 874,515 2,068,690 42.3% Parks and Recreation Dept. 81.54 472,020 1,318,066 35.8% 446,691 1.013,013 40.1% Community Development 39,319 220,104 573,514 38.4% 236,584 463,551 51.0% Economic Development 8.187 44.876 116,975 38.4% 32,495 90,319 36.0% subtotal -Community Development 47,506 264,980 690,489 38.4% 262.4_9 553.87 48.6% Total Expenditures $908,312 $5,849,982 $12,792,393 45.7% $4,997,741 $11,418,822 43.8% Excess (deficiency) of Revenue over Expenditures ($211,472) $1,302,851 ($1,637,094) $1,147,936 ($1,379,433) OTHER FINANCING SOURCES AND (USES) Proceeds from C.O. Sale (net) $0 $0 $715,547 $833,485 $990,382 Transfer In -Other Funds 58.333 349,998 700,000 Q 633,000 Total Other Sources/(Uses) $58,333 $349,998 $1,415,547 $833,485 $1,623,382 Excess (deficiency) of Revenues/other sources over Exp. $1,652,849 ($221,547) $1,981,421 $243,949 FUND BALANCE OCT 1 $2,597,602 $2,597,602 $2,353,653 $2,353,653 ENDING FUND BALANCE $4,250,451 $2.376.055 $44,335,074 $2,597,602 fund balance percentage 18.6% 22.7% MAR98.XLS �6_1 REVENUES Water Sales -residential Water Sales -commercial Sewer Sales Sanitation Sales Other utility charges Miscellaneous Interest Income Total Revenues Water Sewer Sanitation Debt Service - Revenue Bonds Total Expenses Excess (deficiency) of Revenue over Expenses OTHER FINANCING Transfer In -Other Funds Transfer Out -Other Funds Total Other Sources/(Uses) Excess (deficiency) of Revenues and other sources over Expenses WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended March 31, .1998 and March 31, 1997 (fiscal month 6 - 50.00%) Adopted Percen Month Year to Date 1997/98 1997/98 Budget Collected $243,822 $1,938,682 $4,887,500 39.7% 46,086 352,312 701,500 50.2% 72,991 457,345 920,000 49.7% 51,984 307,566 534,000 57.6% 32,118 188;548 359,000 52.5% 5,968 22,639 91,600 24.7% 4 32-82.4 77,000 42.6% $452,969 $3,299,916 $7,570,600 43.6% $301,279 $1,400,228 $4,426,137 31.6% 53,677 329,845 795,475 41.5% 40,991 200,734 500,000 40.1 % 76.137 1,035,115 2,062.490 50.2% $472,084 $2,965,922 $333224 $7,784,102 ($213.502) 38.1 % $69,5121 $417,072 (349-998) $11,179 $67,074 $834,145 (700,000) $134,145 MAR98.XLS 4-d _� Actual Percent Year to Date 3/31/97 Total 9/30/27 Collected/ Ended $1,561,138 $4,425,797 35.3% 269,538 657,807 41.0% 371,327 811,624 45.8% 256,172 508,224 50.4% 184,958 409,950 45.1% 32,698 92,063 35.5% 45.535 77,196 59.0 % $2,721,366 $6,982,661 39.0% $1,443,617 $3,971,926 36.3% 389,996 727,546 53.6% 180,052 445,205 40.4% 885,002 1,817,529 48.7% $2,898,667 $6,962,206 41.6% ($177.30L) $349,085 $698,170 4 (633,000) $349,085 $65,170 1997-98 collected budget budget to date balance $2,715,000 $1,190,197 $1,524,803 balance DerceDt 1 ° CITY OF SOUTHLAKE HISTORICAL SALES TAX REVENUES MONTH FISCAL YEAR 93/94 % Inc -Dec FISCAL YEAR 94/95 % Inc -Dec FISCAL YEAR 95M % Inc -Dec FISCAL YEAR 96-97 % Inc -Dec FISCAL YEAR 97-98 % Inc -Dec October $99,408 95.1% $89,951 -9.5% $128,689 43.1% $161,892 25.8% $237,164 46.5% November 50,623 20.2% 52,099 2.9% 111,917 114.8% 135,367 21.0% 193,664 43.1% December 70,155 107.3% 67,243 -4.2% 103,975 54.6% 115,084 10.7% 163,871 42.4% January 106,541 57.3% 95,687 -10.2% 140,362 46.7% 198,873 41.7% 266,437 34.0% February 57,839 47.0% 68,015 17.6% 95,269 40.1% 125,671 31.9% 168,914 34.4% March 59,378 34.4% 56,600 -4.7% 103,183 82.3% 104,733 1.5% 160,147 52.9% April 87.438 27.3% 88,212 0.9% 137,030 55.3% 182,384 33.1% 0 -100.0% May 58,291 6.7% 81,109 39.1% 109,371 34.8% 152,577 39.5% 0 -100.0% *first month of 1/2 cent sales tax June 59,577 14.5% 83,253 39.7% 112,317 34.9% 171,813 53.0% 0 -100.0% July 94,157 16.9% 135,187 43.6% 179,803 33.0% 223.854 24.5% 0 -100.0% August 58,980 22.1% 109,584 85.8% 132.367 20.8% 184,851 39.7% 0 -100.0% `otember 75,228 38.3% 106,563 41.7% 122,445 14.9% 173,917 42.0% 0 -100.0% ,WdTAL $877 615 37.8% $1 033 502 17.8% $1 476 708 42.9% $1 931 017 30.8% $1 190 197 SOUTHLAKE PARKS DEVELOPMENT CORPORATION 1997-98 collected budget balance ub doe to da balance ant $1,357,500 59$5,099 76$ 2,401 56.16% MONTH FISCAL YEAR 93/94 % Inc -Dec FISCAL YEAR 94/95 % Inc -Dec FISCAL YEAR 95196 % Inc -Dec FISCAL YEAR 96-97 % Inc -Dec FISCAL YEAR 97-98 % Inc -Dec October $0 n/a $44,975 n/a $64,344 43.1% $80,946 25.8% $118,582 46.5% November 0 n/a 26,049 n/a 55,958 114.8% 67.684 21.0% 96,832 43.1% December 0 n/a 33,622 n/a 51,987 54.6% 57,542 10.7% 81,935 42.4% January 0 n/a 47,843 n/a 70,181 46.7% 99.437 41.7% 133,219 34.0% February 0 n/a 34,007 n/a 47,635 40.1% 62,836 31.9% 84,457 34.4% March 0 n/a 28,300 n/a 51,581 82.3% 52,366 1.5% 80,074 52.9% April 0 n/a 44,106 n/a 68,515 55.3% 91,192 33.1% 0 -100.0% May 29,145 n/a 40,554 39.1% 54,686 34.8% 76,289 39.5% 0 -100.0% June 29,788 n/a 41,627 39.7% 56,159 34.9% 85.906 53.0% 0 -100.0% 0 duly 47,079 n/a 67.593 43.6% 89,901 33.0% 111,927 24.5% 100.0% gust 29,490 n/a 54.792 85.8% 66.184 20.8% 92,426 39.7% 0 -100.0% September 37,614 n/a 53,282 41.7% 61,223 14.9% 86,958 42.0% 0 -100.0% TOTAL $173 116 n/a ' $516 751 198.5% $738 354 42.9% $965 508 30.8% $595 099 41.4% �6 3 4117/98 SLSTX98.XLS CITY OF SOUTHLAKE Sales Tax Analysis FY1997-98 Actual Budget Actual Estimated (budget-est) % Moth t 996-97 1997-98 1997--98 1927-98 Differen Chanae October 161,892 211,176 237,164 237,164 25,988 12.31% November 135,367 180,672 193,664 193,664 12,992 7.19% December 115,084 157,347 163,871 163,871 6,524 4.15% January 198,873 253,704 266,437 266,437 12,733 5.020A February 125,671 169.522 168,914 168,914 (608) -0.36% March 104,733 145,443 160,147 160,147 14,704 10.11% April 182,384 234,742 0 234,742 0 0.00% May 152,577 200,464 0 200,464 0 0.00% June 171,813 222,585 0 222.585 0 0.00% July 223,854 282,432 0 282,432 0 0.00% August 184,851 333,186 0 333,186 0 0.00°/. September 173,917 323,729 Q 323,729 Q 0.00% 1,931,016 2,715,000 1,190,197 2,787,334 72,334 2.66% 40.60% 44.35% Southlake Parks Development Corporation 1/2 cent sales tax Actual Budget Actual Estimated (budget-est) % 1996-97 1997-98 1997-98 1997-98 Difference Ch n October 80,946 105,588 118,582 118,582 12,994 12.31 % November 67,684 90,336 96,832 96,832 6,496 7.19% December 57.542 78,673 81,935 81,935 3,262 4.15% January 99,437 126,852 133,219 133,219 6,367 5.02% abruary 62,836 84,761 84.457 84,457 (304) -0.36% arch 52,367 72,721 80,074 80,074 7,352 10.11% pril 91,192 117,371 0 117,371 0 0,00% May 76,289 100,232 0 100,232 0 0.00% June 85,907 111,292 0 111,292 0 0.00% Juy 111,927 141,216 0 141,216 0 0.00% August 92,426 166,593 0 166,593 0 0.00% September 86,959 161,864 0 161,864 0 0.00% 965,508 1,357,500 595,099 1,393,667 36,167 2.66% 40.60% 44.35% 4117/98 SLSTX98.XLS i City of Southlake, Texas MEMORANDUM April 17, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 622-B, V reading, amending Ordinance 622, providing the Building Board of Appeals the authority to hear appeals pertaining to the cross -connection ordinance BACKGROUND On April 7, 1998, Council approved Ordinance No. 699, adopting a cross -connection control policy. According to Ordinance No. 699, the Building Board of Appeals has the authority to hear appeals by customers who have had their service terminated due to a cross -connection issue. This authority would otherwise rest with the City Council. Ordinance 622-B amends Ordinance 622, which outlines the BBOA duties, to formally include cross -connection appeals as a BBOA responsibility. RECOMMENDATION Staff recommends Council approve Ordinance No. 622-B, amending Ordinance No. 622, providing the Building Board of Appeals the authority to hear appeals pertaining to the cross -connection ordinance. Please place this item on the April 21, 1998 Regular City Council Agenda for City Council review and consideration. B W/cre Attachment: Proposed Ordinance No. 622-B 5A-1 s MAR-13-199e 12:03 LAW FIRM 817 332 4740 P.02iO4 ORDINANCE NO. C92213 AN ORDINANCE AMENDING ORDINANCE 622 BY PROVIDING FOR APPEALS TO THE BUILDING BOARD OF APPEALS FROM TERMINATION OF WATER SUPPLY UNDER THE CITY'S CROSS CONNECTION CONTROL POLICY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDLYG A SEVERABUATY 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, the City of Southlake has adopted Ordinance No. 622 creating a Building Board of Appeals and providing for their powers and duties; and WHEREAS, the City of Southlake has adopted Ordinance No. 699 adopting a Cross Connection Control Policy and providing for appeals of termination of water service to the Building Board of Appeals; and WHEREAS, the City desires to amend Ordinance No. 622 to clarify the expanded duties of the Building Board of Appeals created by Ordinance No. 699. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. AMENDMENT That Ordinance 622 ofthe City of Southlakc, creating aBuilding Board ofAppeals, is hereby amended by revising Section 5, paragraph (a) thereof by adding the following subparagraph (4): (4) hear and decide appeals of orders, decisions, or determinations made by the Director of Public Works to terminate a user's water supply for specified violations of the City's Cross Connection Control Policy. H:\LIBRARYNSouthlakslORDDVANC\BuildingBoadAmendLwpd(03n3198) Page t C 5A-2 MAR-13-199e 12:04 LAW FIRM 917 332 4740 P.03iO4 SECTION 2. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions ofthis ordinance are in direct conflict with theprovisions ofsuch ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. To the extent that the composition of the boards of appeals created by the various uniform codes referenced herein conflicts with this ordinance, the terms of this ordinance shall control. SECTION 3. SEVERAIIILITY CLAUSE It is hereby declared to bathe 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 it is so ordained. He\UBRARYISoadtakol0RDT,lAltiCrBuiIdin=BowdAm=ds.wpd(G3/13/95) 5A-3 Page 2 MAR-13-199G 12:04 LAW FIRM 817 332 4740 P,04/04 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF .1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney R-U R"it Zouthlaia�ORMA►NC1Building8"y4 oeod "d(03/13i", Page 3 5A-4 TOTAL P . 04 City of Southlake, Texas MEMORANDUM April 17 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to enter into a commercial developer agreement for Stone Bridge Park, located approximately 800 feet west of the intersection of West Southlake Boulevard and Randoll Mill Avenue on the north side of West Southlake Boulevard BACKGROUND The commercial developer agreement for Stone Bridge Park, Lots 2 through 6, Block 1, is attached. The usual requirements for performance bonds, letters of credit or cash escrow, and indemnification are incorporated in the agreement. There are no variances to the standard agreement. Council should note under section IV that the developer will pay park dedication fees in lieu of dedicating parkland. Please refer to the attached memo from Kim Lenoir, Director of Parks and Recreation, dated April 14, 1998. RECOMMENDATION Staff recommends placing the commercial developer agreement for lots 2 through 6, block 1, Stone Bridge Park, on the April 21, 1998 Regular City Council Agenda for City Council review and consideration. B W/cre Attachments: Proposed Developer Agreement Memorandum from Kim Lenoir, Director of Parks and Recreation Plat Exhibit 5B-1 STONE BRIDGE PARK LOTS 2-6, BLOCK 1 COMMERCIAL DEVELOPER AGREEMENT 04/17/98 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 Stone Bridge Park, Lots 2-6, Block 1, Addition, hereinafter referred to "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to Stone Bridge Park, Lots 2-6, Block 1, Addition (a commercial development) and to the off -site improvements necessary to support the subdivision. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100 % of the value of the construction cost of all of the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the subdivision if the Developer fails to complete the work within two (2) years of the signing of this agreement between the City and Developer. All bonds should be approved by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20 % of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final COMMERCIAL DEVELOPER AGREEMENT STONE BRIDGE PARK, LOTS 2-6, BLK 1 SB-2 City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove, which are intended to be public facilities, shall be vested in the City of Southlake, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. E. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: l . Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; COMMERCIAL DEVELOPER AGREEMENT STONE BRIDGE PARK, LOTS 2-6, BLK 1 5B-3 f. All gradation tests required to insure proper cement and/or lime `�— stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. COMMERCIAL DEVELOPER AGREEMENT STONE BRIDGE PARK, LOTS 2-6, BLK 1 SB-4 J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of Stone Bridge Park, Lots 2-6, Block 1, Addition to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. The City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, the City, and made part of the final plat as approved by the City Council. The developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: (if applicable) If applicable, the street construction in the Stone Bridge Park, Lots 2-6,Block 1, Addition, commercial development of the City of Southlake Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance COMMERCIAL DEVELOPER AGREEMENT STONE BRIDGE PARK, LOTS 2-6, BLK I 5B-5 with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation of street lights; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by an engineering study performed by the Director of Public Works. 3. All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON -SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of Stone Bridge Park, Lots 2-6, Block 1, Addition to the City of Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and Impact Fees. In the event that certain sewer lines are to be oversized because COMMERCIAL DEVELOPER AGREEMENT STONE BRIDGE PARK, LOTS 2-6, BLK 1 SB-6 of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. E. EROSION CONTROL: During construction of the subdivision and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the subdivision. F. AMENITIES: It understood by and between the City and Developer that the Stone Bridge Park, Lots 2-6, Block 1, Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these COMMERCIAL DEVELOPER AGREEMENT STONE BRIDGE PARK, LOTS 2-6, BLK 1 5B-7 improvements and the Developer shall, at his own cost and expense, defend and `*... protect City against all such claims and demands. H. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2. At least five (5) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance. 5. A Pre -Construction Meeting to be held with all Contractors, major Sub - Contractors, Utilities and appropriate Government Agencies. III. GENERAL PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, COMMERCIAL DEVELOPER AGREEMENT STONE BRIDGE PARK, LOTS 2-6, BLK I SB-8 SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, ``"'— LICENSEES, INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LI_ABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings bought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably COMMERCIAL DEVELOPER AGREEMENT STONE BRIDGE PARK, LOTS 2-6, BLK I 5B-9 withheld or delayed, said contractor to meet City and statutory requirements for `�•— being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. PARK FEES: `�.. The Developer agrees to pay the Park Fee $800 per acre, in accordance with the Subdivision Ordinance No. 483-F, adopted on July 1, 1997. The final plat of Stone Bridge Park, 'Lots 2-6, Block 1, Addition was approved on January 22, 1998. There are approximately 12.653 acres in Stone Bridge Park, Lots 2-6, Block 1, Addition which would bring the total cost of Park Fee to $10,122.40. E. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. COMMERCIAL DEVELOPER AGREEMENT STONE BRIDGE PARK, LOTS 2-6, BLK 1 5B-10 SIGNED AND EFFECTIVE on the date last set forth below. CITY OF SOUTHLAKE, TEXAS Un Rick Stacy, Mayor DEVELOPER: By: Title: Address: Date: ATTEST: Notary Public Type or Print Notary Name My Commission Expires COMMERCIAL DEVELOPER AGREEMENT ... STONE BRIDGE PARK, LOTS 2-6, BLK 1 SB-11 7 ATTEST: Sandra LeGrand, City Secretary Date: COMMERCIAL DEVELOPER AGREEMENT STONE BRIDGE PARK, LOTS 2-6, BLK 1 SB-12 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 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. M:%W P-FILMCOMMERCI,STONEBRU.OTS2fikDEV-AGR. W PD COMMERCIAL DEVELOPER AGREEMENT STONE BRIDGE PARK, LOTS 2-6, BLK 1 SB-13 City of Southlake, Texas ' • 9 April 14, 1998 TO: Ron Harper, Deputy Director of Public Works FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Stonebridge Park Commercial Development Recommendation of Park Dedication Fees The Parks and Recreation Board heard the above mentioned case on April 13, 1998. The Board recommends to City Council that the developer pay park dedication fees in lieu of dedicating park land. The fees total $10,122.40 for the 12.653 acre development at the rate of $800 per acre. Please let me know if you have any questions. enclosure: Park Board Minutes 4/13/98 Lparkredboards/cc/pdo.doc SB-14 **[INO FFICIAI,MIN[1'IES** NOT APPROVED BY THE PARKS AND RECREATION BOARD MEMBERS 1 Lenoir stated that his improvements for Coventry Manor is a private park and has no nnections 2 with the City and he may complete these on his own with the homeow rs approval. MacFarlane stated that he does not see any opposition on the honleowixfs behalf of his 4 \development. MacFarlane agreed to work with the residents of Cove ry Manor for park 5 1i )rovernents. 6 7 Motion -was made to accept Coventry Parc park dedication fe of $27,000. 8 9 Motion: Berman 10 Second: Is 11 Ayes: Raw Jones, Fierce, Berman 12 Nays: Milten ger, White, Hamilton 13 Abstain: Johnson 14 Approved: 4-3-1 15 16 Discussion: 17 18 Jones verified that the develop► nt has t been platted, Johnson inquired if the Board may 19 decline a dedication of fees v sus land. Ber n stated that nearly 60+ children will be entering 20 this development and ther should be somethin available for these children in terms of park 21 land. 22 -23 MacFarlane stated at this development would be more b eficial with the park improvements 24 at Coventry Man . Miltenberger stated that he felt 32 acres ► nough land to include park land. 25 Johnson inqui d if she could have declined this payment of fees 1 lie acreage was over 50 acres 26 and the Bo d agreed. Lenoir stated that the Board makes a recom dation that City Council 27 and P&Z�.*ill review and consider. 28 i 29 Fier stated that MacFarlane will be meeting with P&Z and Council and thi proval is not 30 f al. 31 32 Consider Agenda Item No 2 Park Dedication for Stonebridge Park — Tom Waters, Realty 33 Capital, 920 South Main Street, Suite 170, Grapevine, stated that he has 12.653 commercial 34 acres and he is requesting that he may pay the fees of $800 per acre. Fierce inquired about the 35 plat and Waters stated that the plat has been filed. 36 37 Motion was made to accept Stonebridge Park park dedication fees of $10,122.40. 38 39 Motion: Jones 40 Second: Hamilton 41 Ayes: Rawls, Jones, Miltenberger, White, Johnson, Fierce, Hamilton, Berman 42 Nays: None 43 Approved: 8-0 44 45 Jones left the meeting at 7:42 p.m. 46 47 Return to Administrative Comments (Its" 48 Parks and Recreation Board Regular Meeting, April /3, /998 Page 3 of 7 1. l parkrecl boardsl ntinutesl l998104 / 398.doe 58-15 ON �s of Its is ! r '- mZ= ' 1 it 1 1 1j ,,.i + 1 t, lilt i't 1 ,�1 ; 1 `I {!'! i o rn rill 313 ,'Ill il,l ti{l {>' ,' •l l is ]51. i i itl�i �ii Bill !1� Iti Il IjJ:i Il lit J�i i 1 i i Hilt " 11 IAL i A . 0... 3 {+� 1 \ \ � 1 ry ! ■ tJi! tri? 1 1 ,] F {'Cs 58-16 t City of Southlake, Texas April 15, 1998 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Award of bid to Down to Earth Lawn Care for contract mowing of parks and city facilities, to James Lawn Care for contract mowing of city right-of-ways and to VMC Landscape Services for contract mowing of state right-of-ways BACKGROUND As you know there is a line item in the FY 1997-98 budget for contract mowing of city parks, city facilities, city right-of-ways, and state highway right-of-ways of FM 1709 and Highway 114. Twenty-five (25) request for bids were distributed. Ten bidders submitted bids, attached is a tabulation of the bids and the recommended bids to be accepted. The mowing contracts are set-up to be paid monthly as the designated sites are mowed. Each site is quoted separately per mowing. If it is too wet or too dry to have anything to mow, then the contractors will not mow and will not be paid. Some sites are mowed twice a week, some weekly, bi-weekly and monthly. The rights -of -way mowing of FM 1709 and 114 are scheduled monthly but will not be done the two months that the state highway department mows. This allows the city to recognize the full benefits of the state mowing contract Option D included some additional park mowing. We are recommending that items 21 and 22 (ballfields and soccer fields at Bicentennial Park) be contracted and item 24 (Bob Jones Park non -field area) be mowed bi-monthly rather than bi-weekly and item 23 (Bob Jones soccer fields) be deleted from the contract. The contractor is agreeable with these recommendations. Attached are the bid sheets which outline the projected mowing needed for each site specified. RECOMMENDATION The staff recommends awarding bids to Down to Earth Lawn Care for city parks and city facilities (Options A and D), James Lawn Care for city rights -of -ways (Option B), and VMC Landscape Services for state rights -of -ways (Option Q. All of their references checked out positively. The total of bid award is $98,557 which is under the $120,000 allocated in the budget. Please add an item to the April 21, City Council agenda for award of bid to Down to Earth Lawn Care for contract mowing of parks and city facilities, to James Lawn Care for contract mowing of city right-of-ways and to VMC Landscape Services for contract mowing of state right-of-ways. `%Z:PA� KL enclosures: Bid tabulations 5C-1 City of Southlake Bid Tabulation as Opened Contract Lawn and Rights -of -Ways Mowing 25-Mar-98 Options A & D - Parks, Facilities, & Gamefields Down to Earth Lawn Care $ 83,259.00 The Brickman Group $ 119,903.00 VMC Landscape $ 136,187.00 Quality Landscape $ 174,218.00 Ground Masters $ 190,470.00 Easter Seals Society $ 197,962.35 Parks & Facilities City Right -of -Way Contractor Option A Contractor Option B James Lawn Care $ 47,549.78 James Lawn Care $ 28,971.00 Down to Earth Lawn Care $ 49,256.50 Easter Seals $ 31,320.00 Avanti Landscape Mgt. Co. Quality Landscape & Maintenance $ $ 55,065.00 64,076.00 Avanti Landscape Quality Landscape $ $ 32,999.97 41,557.00 The Brickman Group, Ltd. $ 72,575.00 Grounds Masters no bid VMC Landscape Services, Inc. $ 74,547.00 Robert J. Fahey no bid Grounds Masters, Inc. $ 87,578.00 Down to Earth no bid Easter Seals Society $ 99,522.35 Clover Leaf Lawn no bid Robert J. Fahey no bid VMC Landscape no bid Clover Leaf Lawn Services no bid The Brickman Group no bid State Right -of -Way Gamefields Contractor Option C Contractor Option D VMC Landscape Services $ 6,005.00 Down to Earth Lawn Care $ 34,002.50 James Lawn Care $ 10,930.95 Clover Leaf Lawn $ 35,844.00 Quality Landscape $ 11,724.75 The Brickman Group $ 47,328.00 Easter Seals Society $ 12,150.00 VMC Landscape $ 61,740.00 Avanti Landscape Mgt. Co. $ 13,162.50 Easter Seals Society $ 97,440.00 Robert J. Fahey $ 14,782.50 Grounds Masters $ 102,892.00 Grounds Masters no bid Quality Landscape $ 110,142.00 Down to Earth Lawn Care no bid Robert J. Fahey no bid Clover Leaf Lawn Services no bid James Lawn Care no bid The Brickman Group no bid Avanti Landscape no bid (40" �� ce Contract Lawn and Rights -of -Ways Mowing Bid Tabulation as Opened 25-Mar-98 Page 2 Recommended Option A - complete as bid Down to Earth Lawn Care $ 49,256.00 Option D - Items 21, 22 & 24 only Down to Earth Lawn Care 21 $ 9,135.00 22 $ 2,102.50 23 delete $ (8,990.00) 24 reduce $ 3,087.50 $ 14,325.00 Down to Earth Subtotal $ 63,581.00 complete Option B - as bid P James Lawn Care $ 28,971.00 Option C - complete as bid VMC Landscape Services $ 6,005.00 Grand Total $ 98,557.00 CITY OF SOUTHLAKE REQUEST FOR BID CONTRACT LAWN AND RIGHTS -OF -WAYS MOWING Sealed bids will be received by the City of Southlake in the office of the City Secretary, 1725 E. Southlake Boulevard, Southlake, Texas 76092 until 10:00 a.m. local time, Wednesday, March 25, 1998, and then publicly opened and read aloud in the City Hall Council Chamber. Bid responses received after the opening time and date \�i11 be returned to the sender unopened. The City reserves the right to waive any informalities or to reject any or all bids. The envelope should be marked: City Secretary , City of Southlake Contract Lawn and Rights -of -ways Mowing In submitting the attached bid, including terms, conditions, instructions to bidders and specifications, the vendor agrees that acceptance of any or all bid items by the City of Southlake, Texas within a reasonable period of time constitutes a contract. Bidder's Name: Down To Earth LawnCare 5032 Mosson Suite F Bidders Address: Ft. Worth, TX 76119 Bidder's Telephone Number: (817) 56 1 -5800 Bidder's Facsimile Number: (817) 460-6095 Authorized Signanire: Printed Signature: Stuart. D. Hints All bid responses are required to be signed by an authorized representative of the bidding entity. Responses received unsigned will not be considered. 6CA EXHIBIT C: Request For Bid City of Southlake, Texas Grounds Maintenance Contract (Based on Seven (7) Day Cycles/Twenty-nine (29) Weekly Mowing Cycles) Total Price Price per per Item Par"dFacility Location Acreage Mowin Item OPTION A, ItemsAl: 1. Bicentennial Park 2. Koalaty Park 3. Noble Oaks Park 400 N. White Chapel 30.0 1725 W. Continental Blvd. 5.69 900 S. Carroll Avenue 5.0 4. City Hall 667 N. Carroll Avenue 1.0 Median on Kimball Rd. 1.0 between FM 1709 and SH 114 , 375.00 x58 $21, 750.00 67.50 x29 $ 1957.50 $1 no.no ).no x29 $ 2900.00 S 15.00 x29 $ 435.00 $ 32.50 x29 $ 942.50 6. Trail Connection 1432 Dartmouth 0.0944 , 11.7 x29 $ 340.75 7. Senior Activity 307 Parkwood Drive 13.0 S22,5.00 x29 $ 6525.00 Center 8. St. Martina Soccer 223 S. Pearson Lane 3.0 S 41.25 x29 $ 1196.25 Fields `'� 9. Smith Park 3001 Johnson Road 5.0 71.00 x29 $ 2059.00 10. Lonesome Dove Park 7.0 132.50 x29 $ 3842.50 11. Parks Storage 1950 E. Continental 1.0 22.50 x29 $ 652.50 Building 12. Dove Road 100 W . Dove 2.0 38.75 x29 1123.75 / Water Tower LACTYSIIAR \P&MIDDERS1.DOC 14 ��/� Pearson Road 3200 W. Souddake Blvd. 3.0 43.75 x29 $ 1268.75 Ground Storage Tank 14. Equestrian Trail 1601 Shady Oaks Drive 0.2328 . 32.50 x 16 $ 520.00 15. Equestrian Trail 880 Harbor Court 0.1212 23.00 x 16 �.-..-- $ 368.00 16. Bob Jones Park 3901 N. White Chapel 30.0 450.00 x5 $ 2250.00 17. City Property; FM 1709/Pearson Road 13.0 225.00 x5 _� 1125.00 to Harrell Drive TOTAL BID OPTION A, Items 1 - 17: $1907.00 $49,256.50 OPTION B, ITEM 18: 8 C'tt ROW - As Per Exhibit A NQ B11 _x29 NO BID 1 Y 19 and 2-- OPTION C ITEM 19. SH 114 Wall Street to Kirkwood 62.0 NO BID x5 NO BID 20. FM 1709 Wall Street to Pearson 19.0 NO BID x5 NO BID ' CION D, i rErviS 21 24 (each it can be considered separately by C 21. Bicentennial Park 400 N. White Chapel 12.0 S 157 h0 x58 $ 9135.00 Balifields 22. Bicentennial Park 400 N. White Chapel 3.0 x58 2102.50 Soccer Fields 23. Bob Jones Park 3901 N. White Chapel 16.0 x58 $ 8990.00 Soccer Fields .24. tv Bob Jones Park 3901 N. White Chapel 25.0 x58 $13,775.00 Non Field Areas TOTAL BID OPTION D, Items Sol": -14: $58f� 2`� $34,002.50 TOTAL BID $2 993.25 $8_3 259.00 L:\Cl YS11AREXP&R\91DDER51.D0( 15 /� OR IN CITY OF SOUTHLAKE REQUEST FOR BID CONTRACT LAWN AND RIGIITS-OF-WAYS MOWING Sealed bids will be received by the City of Southlake in the office of the City Secretary, 1725 E. Southlake Boulevard, Southlake, Texas 76092 until 10:00 a.m. local time, Wednesday, March 25, 1998, and then publicly opened and read aloud in the City Hall Council Chamber. Bid responses received after the opening time and date 'ill be returned to the sender unopened. The City reserves the right to waive any informalities or to reject any or all bids. The envelope should be marked: City Secretary _ City of Southlake Contract Lawn and Rights -of -ways Mowing In submitting the attached bid, including terms, conditions, instructions to bidders and specifications, the vendor agrees that acceptance of any or all bid items by the City of Southlake, Texas within a reasonable period of time constitutes a contract. Bidder's Name: - JA MeS Bidder's Address: Bidder's Telephone Number: Bidder's Facsimile Number: Ilk - Authorize Signature: Printed Signature: MICA U 5Cow A6kL 9-17 -- 2 z 8" - All bid responses are required to be signed by an authorized representative of the bidding entity. Responses received unsigned will not be considered. 5C-T Is o-.4 EXHIBIT C Request For Bid City of Southlake, Texas Grounds Maintenance Contract (Based on Seven (7) Day Cycles/Twenty-nine, (29) Weekly Mowing Cycles) Total Price Price per per Item Parks/Facility Location Acreage Mowing Item OPTION A. Items 1-9: 1. Bicentennial Park 2. Koalaty Park 3. Noble Oaks Park 4. City Hall 6. 7. 8. 9. 10 11 12 400 N. White Chapel 30.0 1725 W. Continental Blvd. 5.69 900 S. Carroll Avenue 5.0 667 N. Carroll Avenue 1.0 Median on Kimball Rd. 1.0 between FM 1709 and SH 114 Trail Connection 1432 Dartmouth Senior Activity 307 Parkwood Drive Center St. Mai -tins Soccer 223 S. Pearson Lane Fields` Smith Park 3001 Johnson Road Lonesome Dove Park Parks Storage 1950 E. Continental Building Dove Road 100 W. Dove Water Tower L:\C7'YSIIARE\P&MBIDDERS1.L. )C ass qt' Z ,'715 Pox 29 9-62-0. '' C')w x29 20.30. Ob C).6Dt29 l(00.00 0.0944 40,6N29 Q 13.0 ('j�-.�x29O 7�.;Ut� 3.0 )O A29 _ 0) 5.0 -.70 20 .E 7.0 (00.0N29 241 M- Q6 1.0 4 d . A29 // 00,6?) 2.0 '�;(). U'X29 13. Pearson Road 3200 W. Southlake Blvd. 3.0 L 6.0 x29 W�- Ground Storage Tank 14. Equestrian Trail 1601 Shady Oaks Drive 0.2328 q6-4")xl6 15. Equestrian Trail 880 Harbor Court 0.1212 �tOA16 _ O 16. Bob Jones Park 3901 N. White Chapel 30.0 A45 ZZc�U a, 17. City Property; FM 1709/Pearson Road 13.0 Z `10. ` x5 to Harrell Drive IN IN OPTION B, ITEM 18:OD `j 18. City ROVE- As Per Exhibit A 36.0 qx L `1 29 OPTION C, ITEM 19 and 12: 19: SH 114 Wall Street to Kirkwood 62.0 �� 20. FM 1709 Wall Street to Pearson 19.0 S-iY- A5 2> �� • j OPTION D, ITEMS 21 - 24 (each item can be considered separately by City) 21. Bicentennial Park 400 N. White Chapel 12.0 x58 Ballfields 22. Bicentennial Park Soccer Fields 23. Bob Jones Park Soccer. Fields 24. Bob Jones Park Non Field Areas L:\--,TYSIIARE\P&R\DIDDERS1.DOC 400 N. White Chapel 3.0 x58 3901 N. White Chapel 16.0 3901 N. White Chapel 25.0 TOTAL BID x58 x58 CITY OF SOUTHLAKE REQUEST FOR BID CONTRACT LAWN AND RIGHTS -OF -WAYS MOWING Sealed bids will be received by the City of Southlake in the office of the City Secretary, 1725 E. Southlake Boulevard, Southlake, Texas 76092 until 10:00 a.m. local time, Wednesday, March 25, 1998, and then publicly opened and read aloud in the City Hall Council Chamber. Bid responses received after the opening time and date �ll be returned to the sender unopened. The City reserves the right to waive any informalities or to reject any or all bids. The envelope should be marked: City Secretary City of Southlake Contract Lawn and Rights -of -ways Mowing In submitting the attached bid, including terms, conditions, instructions to bidders and specifications, the vendor agrees that acceptance of any or all bid items by the City of Southlake, Texas within a reasonable period of time constitutes a contract. Bidder's Name: VMC Landscape Services, Inc Bidder's Address: 2561 Merrell Road, Dallas, Texas 75229 Bidder's Telephone Number: 972-481 -161 6 Bidder's Facsimile Number: 9 7 2- 4 81-1 2 3 5 Authorized Signature: Printed Signature: Rr l _P VPrd i rk All bid responses are required to be signed by an authorized representative of the bidding entity. Responses received unsigned will not be considered. �c EJCIIIBIT C Request For Bid City of Southlake, Texas Grounds Maintenance Contract Based on Seven (7) Dav Cycles/Twcnty nine (29) Weekly Mow><ng Cycles) Total Price Price Item Parks/Facility Location Acreage per Mowing per. Item OPTION A, Items 1-9- 1. Bicentennial Park 400 N. White Chapel 30.0 585 x58 .,. y 33,930 2. Koalaty Park 1725 W. Continental Blvd. 5.69 146 x29 4,234 3. Noble Oaks Park 900 S. Carroll Avenue 5.0 188 x29 5,452 4. City Hall 667 N. Carroll Avenue 1.0 42 x29 1,218 5. Median on Kimball Rd. 1.0 between FM 1709 and SH 114 4 ?; _x29 R 6. Trail Connection 1432 Dartmouth 0.0944 42 x29 218 7. Senior Activity 307 Parkwood Drive 13.0 179 x29 5,191 Center 8. St. Martins Soccer 223 S. Pearson Lane 3.0 84 x29 — 2 4 3 6 Field' , 9. Smith Park 3001 Johnson Road 5.0 110 x29 3,190 10. Lonesome Dove Park 7.0 209 x29 6,061 11. Parks Storage 1950 E. Continental 1.0 42 x29 1,218 Building 12. Dove Road 100 W. Dove 2.0 84 x29 2, Watey Tower - 436 (40" L:\CTYSFIARE\P&R\BIDDERS1.6. )c 14 5C JI f 13. Pearson Road 3200 W. Southlake Blvd. 3.0 84 x29 2,436 Ground Storage Tank 14. Equestrian Trail 1601 Shady Oaks Drive 0.2328 42 x16 672 15. Equestrian Trail 880 Harbor Court 0.1212 42 x16 672 16. Bob Jones Park 3901 N. White Chapel 310-.0 414 x5 2,070 17. City Property; FM 1709/Pearson Road 13.0 179 x5 895 to Harrell Drive OPTION B, ITEM 18: 18. City ROW- As Per Exhibit A 36.0 No BicK29 N, iid OPTION C, ITEM 19 and 12: 19. SH 114 Wall Street to Kirkwood 62.0 906 x5 4. 530 20.1 FM 1709 Wall Street to Pearson 19.0 29 5 x5 1,475 OPTION D, ITEMS 21 - 24 (each item can be considered separately by City) (W 21. Bicentennial Park •400 N. White Chapel 12.0 41 8', x58 24,040 Ballfields 22. Bicentennial Park 400 N. White Chapel 3.0 84 x58 4,872 Soccer Fields 23. Bob Jones Park 3901 N. White Chapel 16.0 221 x58 12,818 Soccer Fields — ts;�_ 24. Bob Jones Park 3901 N. White Chapel 25.0 345 x58 20,010 Non Field Areas IN TOTAL BID LACTYSHAROP&MBIDDERSLDOC is 15� /1 Z. 4,783.00 142,292.00 City of Southlake, Texas MEMORANDUM April 17, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of bid to Pump and Power Equipment Company for the purchase of a portable sewage pumping system BACKGROUND During the FY 97-98 budget process, Council authorized the purchase of a portable sewage pumping system for the Water/Wastewater Utilities Division. This pump will be utilized to remove wastewater at lift stations that may be disabled during an emergency such as a major power failure. Bids were advertised on March 15 and 22, 1998 and publicly opened and read aloud on April 1, 1998. Pump and Power Equipment Co. is the single bidder with a bid of $54,620. The amount provided for this item in the budget is $48,580. The difference in cost is due to additional equipment requested for noise abatement. Most pumps do not provide noise abatement equipment, limiting the number of bidders for this item. FUNDING/FISCAL IMPACT Previous capital purchases have been under the budgeted amount providing the additional funds for this purchase. RECOMMENDATION Staff recommends Council award the bid for the purchase of a portable sewage pumping system to Pump and Power Equipment Co. in the amount of $54,620. Please place this item on the April 21, 1998 Regular City Council Agenda for City Council review and consideration. BW/cre 5D-1 ' City of Southlake, Texas MEMORANDUM April 17, 1998 i TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to Enter into a Professional Services Agreement with Urban Architecture for Design Services for Town Hall :••1 W-EX@19KVB1 Attached is a Professional Services Agreement with Urban Architecture for design services for Town Hall. For the past several months Urban Architecture has been working with the City, C.I.S.D. and Tarrant County to refine space requirements and space needs. In order to finalize the programming of the Town Hall space and to provide the necessary foundation for the detailed design, Urban has submitted a proposal in the amount of $30,000 for the services enumerated in the attached proposal. j The current status of the programming of this building is that all of the space needs of the participants have been identified. Several iterations of space allocation between the four floors has been done with the current concept showing 20,000 square feet on the first three floors and approximately 14,000 square feet on the fourth floor. The remaining steps involved in this task are necessary in order to establish a firm foundation for detailed design of this facility. These steps include more definite allocation of space, preliminary layout of office and use areas, project schedule, detailed construction budget, administrative and functional responsibility matrices, and final program package. Urban has estimated that their Reimbursable Expenses will not exceed $2,100. All reimbursables will be approved by the City and any costs over the $2,100 will be approved prior to expenditure. RECOMMENDATION Staff s recommendation is to place the Professional Services Agreement with Urban Architecture for design services for Town Hall on the Regular City Council Agenda for April 21, 1998, for City Council review and consideration. Attachment: Agreement 5E-1 `.,. Southlake City Hall/ Tarrant County/ CISD Headquarters Scope of services for Programming Southlake, Texas UAD #97130.00 April 17, 1998 PROJECT TEAM A. OWNER: ARCHITECT: City of Southlake 677 North Carroll Avenue ,iL Southlake, Texas 76092 Attn.: Mr. Ron Harper Tel.: (817) 481.5581 7001 Preston Road Fax: (817) 481.9370 Suite 210, LB 12 Dallas, Texas 75205 UAD, Inc. dba Urban Architecture Fa8537 Fax 214.5 222.853 7001 Preston Road, Suite 210 Dallas, Texas 75205-1156 Attn.: Mr. Michael Murray Mr. Hoyt Hammer Tel.: (214) 522-8494 Fax: (214) 522-8537 PROJECT SCOPE On a pre -determined site in Southlake Town Center, provide Programming services for an 80,000 square foot four-story building combining City Hall, Tarrant County and Carroll Independent School District headquarters. Produce Programming package for approval based on the items listed in this proposal. Proposed schedule for critical path issues, total building area and individual floor plate area, is 1 month. SCOPE OF SERVICES A. Programming 1. Meet with selected representatives from each department within the City of Southlake, Tarrant County and CISD to interview for specific space and function requirements. 2. Project narrative with exclusions and assumptions. 3. Specifications and intended uses of particular spaces. 4. Projected Schedule with review and approval milestones. 5. Detailed Budget for construction. 6. Identification of Key Personnel for Client. 7. Financial Participation summary and method of allocation of costs. 8. Responsibility Matrix. 9. Develop programming statement based on interviews and compare to previous city -generated program. 5E-2 Southlake City Hall/ Tarrant County/ CISD Headquarters Scope of services for Programming Southlake, Texas UAD #97130.00 Page 2 10. Review findings with selected officials or design committee. In cases of contradictions, develop approved program solutions and present final total program statement. 11. Submit programming package for approval. 12. Organizational chart for procurement. III. QUALIFICATIONS A. The Owner agrees to provide the following: 1. Timely decisions and approvals based on agreed upon schedule. IV. COMPENSATION A. Compensation will be a lump sum fee for programming of $30,000 B. COMPENSATION FOR OPTIONAL OR ADDITIONAL SERVICES: In the absence of any other agreement, Optional Services will be billed as outlined in the attached UAD Document 98/1 "Schedule for Services - Hourly Time -Card Basis". Optional Services will be performed only if (1) requested by the Owner in writing or (2) required by circumstance beyond the control of the Architect. C. COMPENSATION FOR REIMBURSABLE EXPENSES: 1. Project estimated reimbursable expense is to be $2100.00 for the cost of travel, reproductions for progress printings and required submittals, photographs, long distance telephone, postage, shipping and delivery associated with this project. 2. Any reimbursable expense beyond the estimated fee of $2100.00 is to be approved by the city prior to the expense being incurred. 3. Back-up data will be provided for reimbursable expenses invoiced under this agreement with monthly statements. D. TERMS AND CONDITIONS On or before the 30' of each month, Architect shall invoice Owner for work completed under the Agreement during the current month. The Owner shall pay monies due under this invoice on or before the 2511 of the following month. Invoice shall become due on the 151 of the subsequent month following. Monies not paid under this Agreement shall bear interest at the rate of 18% per annum from this due date. Payment of invoices under this Agreement does not constitute approval of plans or specifications. Architect consents to the assignment of this Agreement to entities related 5E-3 Southlake City Hall/ Tarrant County/ CISD Headquarters Scope of services for Programming Southlake, Texas UAD #97130.00 Page 3 to the Owner and/ or lenders of the Owner so long as Architect is paid for Architect's services rendered under this Agreement. E. FORM OF AGREEMENT: Urban Architecture and the Owner will execute an AIA B727 Standard Form of Agreement Between Owner and Architect for special services. "The Texas Board of Architectural Examiners, PO 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 [Architects']_ Registration Law, Texas Civil Statutes, Article 249_." PROPOSED BY: the Architect *ADINC.. d.b.a. URBAN ARCHITECTURE ACCEPTED BY: the Owner OWNER 5E-4 e+ 11- `f b Date Date City of Southlake, Texas MEMORANDUM April 17, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization to advertise for bids for the installation of sanitary sewer and the abandonment of a lift station along F.M. 1709 between Crossroads Square and Bicentennial Park BACKGROUND The CIP budget provides $125,000 for the construction of a sanitary sewer line from the existing sewer line at Crossroads Square to the existing sewer line at the end of Caddo Lake Drive in the Lake Crest Addition. A portion of this line has been constructed with the participation of the Shady Oaks Retail Center developers. The existing portion extends from the end of Caddo Lake Drive extending to northward across F.M. 1709. Of the original $125,000 budgeted, $50,225 remains for the completion of this project. Upon completion of the sewer line, the lift station located on the First American Savings Bank site will be abandoned. RECOMMENDATION Staff recommends Council authorize advertisement for bids for the installation of a sanitary sewer line and abandonment of a lift station along F.M. 1709 from Crossroads Square to Bicentennial Park. Please place this item on the April 21, 1998 Regular City Council Agenda for City Council review and consideration. c Attachment: Map of Proposed Improvements 5F-1 City of Southlake Proposed Sanitary Sewer Improvements City of Southlake, Texas 1*1 u MEMORANDUM April 17, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to enter into a commercial developer agreement with Shurgard Storage Centers, Inc. for Lot 4, Thomas Easter Survey, No. 474 Addition located on the south side of East Southlake Boulevard and immediately east of Crooked Lane BACKGROUND The commercial developer agreement for Shurgard Storage Centers, Inc., Lot 4, Thomas Easter Survey, #474 Addition is attached. The usual requirements for performance bonds, letters of credit or cash escrow, and indemnification are incorporated in the agreement. There are no variances to the standard agreement. Due to the platting process the developer was not required to meet with the Park Board and is only obligated to pay $500 per acre in park fees. RECOMMENDATION Staff recommends the commercial developer agreement for Shurgard Storage Centers, Inc., Lot 4, Thomas Easter Survey, #474 Addition, be placed on the April 21, 1998 eg lar,City Council Agenda for City Council review and consideration. Attachment: Proposed Commercial Developer Agreement Plat Exhibit 5G-1 �... SHURGARD STORAGE CENTER LOT 4, THOMAS EASTER, NO. 474 ADDITION COMMERCIAL DEVELOPER AGREEMENT 04/17/98 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 Shurgard Storage Center, Lot 4, Thomas Easter, No. 474 Addition, hereinafter referred to "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to Shurgard Storage Center, Lot 4, Thomas Easter, No. 474 Addition (a commercial development) and to the off -site improvements necessary to support the subdivision. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100 % of the value of the construction cost of all of the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the subdivision if the Developer fails to complete the work within two (2) years of the signing of this agreement between the City and Developer. All bonds should be approved by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20 % of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash COMMERCIAL DEVELOPER AGREEMENT SHURGARD STORAGE CENTER LOT 4, THOMAS EASTER ADDITION NO. 474 SG-2 escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove, which are intended to be public facilities, shall be vested in the City of Southlake, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. E. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; COMMERCIAL DEVELOPER AGREEMENT SHURGARD STORAGE CENTER lsw� LOT 4, THOMAS EASTER ADDITION NO. 474 SG-3 e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. COMMERCIAL DEVELOPER AGREEMENT SHURGARD STORAGE CENTER LOT 4, THOMAS EASTER ADDITION NO. 474 5G-4 I. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of Shurgard Storage Center, Lot 4, Thomas Easter, No. 474 Addition to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. The City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, the City, and made part of the final plat as approved by the City Council. The developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. COMMERCIAL DEVELOPER AGREEMENT SHURGARD STORAGE CENTER LOT 4, THOMAS EASTER ADDITION NO. 474 SG-5 C. STREETS: (if applicable) If applicable, the street construction in the Shurgard Storage Center, Lot 4, Thomas Easter, No. 474 Addition, commercial development of the City of Southlake Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a) installation and two year signsoperation of street lights; b) installation of all street signs designating t fiames of the streets inside the subdivision, said ' eolor and design standard genefally employed lay the Developer an& approved by the City in aeeordanee with Gity ordinanees! c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by an engineering study performed by the Director of Public Works. 3. All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON -SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of Shurgard Storage Center, Lot 4, Thomas Easter, No. 474 Addition to the City of Southlake. Sanitary sewer facilities will COMMERCIAL DEVELOPER AGREEMENT SHURGARD STORAGE CENTER LOT 4, THOMAS EASTER ADDITION NO. 474 5G-6 be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and Impact Fees. In the event that certain sewer lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. E. EROSION CONTROL: During construction of the subdivision and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the subdivision. F. AMENITIES: It understood by and between the City and Developer that the Shurgard Storage Center, Lot 4, Thomas Easter, No. 474 Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a COMMERCIAL DEVELOPER AGREEMENT SHURGARD STORAGE CENTER LOT 4, THOMAS EASTER ADDITION NO. 474 5G-7 homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. H. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2. At least five (5) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance. 5. A Pre -Construction Meeting to be held with all Contractors, major Sub - Contractors, Utilities and appropriate Government Agencies. III. GENERAL PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF COMMERCIAL DEVELOPER AGREEMENT SHURGARD STORAGE CENTER LOT 4, THOMAS EASTER ADDITION NO. 474 5G-8 OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE ``�-- CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR O`IISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings bought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. COMMERCIAL DEVELOPER AGREEMENT SHURGARD STORAGE CENTER LOT 4, THOMAS EASTER ADDITION NO. 474 5G-9 D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. PARK FEES: The Developer agrees to pay the Park Fee $500 per acre. There are approximately 4.567 acres in which would bring the total cost of Park Fee to $2,283.50. E. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. COMMERCIAL DEVELOPER AGREEMENT SHURGARD STORAGE CENTER LOT 4, THOMAS EASTER ADDITION NO. 474 SG-10 SIGNED AND EFFECTIVE on the date last set forth below. CITY OF SOUTHLAKE, TEXAS M. Rick Stacy, Mayor DEVELOPER: By: Title: Address: Date: ATTEST: Notary Public Type or Print Notary Name My Commission Expires COMMERCIAL DEVELOPER AGREEMENT SHURGARD STORAGE CENTER LOT 4, THOMAS EASTER ADDITION NO. 474 5G-11 ATTEST: Sandra LeGrand, City Secretary Date: COMMERCIAL DEVELOPER AGREEMENT SHURGARD STORAGE CENTER LOT 4, THOMAS EASTER ADDITION NO. 474 SG-12 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 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. M:\W P-FILES\COMMERCRSHURGARD\DEV-AGR. N'PD COMMERCIAL DEVELOPER AGREEMENT SHURGARD STORAGE CENTER LOT 4, THOMAS EASTER ADDITION NO. 474 5G-13 i 5G-14 0 OF r=� MWQ F _y < Y U � s '�t '••� 'u�i z i I 0 ? 0 U � w 0 z W m o.Q}zj��J1'? 'fie �W ■ 2 z 0 � d City of Southlake, Texas April 16, 1998 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Resolution No. 98-28, 93-Day Extension of Moratorium on Sexually Oriented Businesses Attached is Resolution No. 98-28 which would extend the moratorium on sexually oriented businesses until August 4, 1998 (an additional 93 days). My work is progressing on the required study, but due to a heavy workload of ordinance revisions, I have not been able to complete the study and process the necessary ordinance revisions. I hope to have the study and ordinances on the Commission's agenda for their second meeting in May. Should you have questions regarding any of the above, please call me at (817) 481-5581, extension 743. f ilk L:\CITYDOCS\ORD\DRAFTIZONING\SOB-EXT.WPD City of Southlake, Texas RESOLUTION NO. 98-28 A RESOLUTION EXTENDING A MORATORIUM FOR AN ADDITIONAL NINETY-THREE (93) DAYS ON THE ISSUANCE OF LICENSES FOR THE OPERATION OF SEXUALLY ORIENTED BUSINESSES PENDING THE STUDY, REVIEW AND DISCUSSION OF PROPOSED REGULATIONS REGARDING SEXUALLY ORIENTED BUSINESSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 1, 1987, the City Council of the City of Southlake adopted Ordinance No. 399 regulating operation of sexually oriented businesses within the City; 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. 399 and Ordinance No. 480 regarding permitted locations for the operation of sexually oriented businesses; 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 licenses to operate a sexually oriented business 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 may be required to protect the public health, safety and welfare; and WHEREAS, the City Council on 11-04-97 adopted a one hundred and eighty (180) day moratorium on the issuance of licenses to operate a sexually oriented business as a minimally intrusive method of maintaining the status quo until such review could be completed; and WHEREAS, the City Council has determined that an additional ninety-three (93) days should be extended in order to allow the Planning and Zoning Commission time to complete its review and recommendation to the City Council and to allow City Council time to review and take appropriate action; /n- City of Southlake, Texas Resolution No. 98-28 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. There is hereby declared an additional ninety-three (93) day moratorium, effective upon expiration of the original one hundred and eighty (180) day moratorium, on the issuance of all licenses for the operation of a sexually oriented business within the City of Southlake. Furthermore, no application for a license, certificate of occupancy or building permit shall be accepted and no license, certificate of occupancy or building permit shall be issued for the use of or the construction, repair or renovation of any structure or land for the operation of a sexually oriented business. SECTION 2. 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 City of Southlake, Texas Resolution No. 98-28 Page 3 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 the property to which the variance has been granted. SECTION 3. This moratorium shall be considered in full force and effect upon passage and for a period not to exceed ninety-three (93) days upon expiration of the original one hundred and eighty (180) day moratorium unless terminated prior to that time by action of the City Council upon final adoption of an amendment, if determined appropriate and necessary, to Ordinance No. 399 and Ordinance No. 480 regarding permitted locations for the operation of sexually oriented businesses. This moratorium shall automatically expire on August 4, 1998 unless it is specifically extended by additional City Council action. SECTION 4. PASSED AND APPROVED ON THIS DAY OF .1998. ATTEST: Sandra L. LeGrand City Secretary D: \ W D-Fl LES\ RESOLUn\98-28. DOClkb Mayor Rick Stacy ' /V_ City of Southlake, Texas MEMORANDUM April 17, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to Enter into a Professional Services Agreement with Freese and Nichols for Phase I Design Services for Jones Branch 19MMKOWD Attached is a Professional Services Agreement with Freese and Nichols for design services for Jones Branch. Freese and Nichols has completed Phase I of the Drainage Master Plan (a copy of which will be provided to you within the next several weeks). Part of this portion of the study has recommended that improvements be made to Jones Branch between State Highway 114 and the Grapevine City Limits. Staff had previously recognized the need to make improvements in this area in conjunction with the proposed construction of S.H. 114. When the Wal-Mart and Village Center developments were constructed, detention facilities were designed and installed to attenuate the increased flows under S.H. 114. The existing culverts under S.H. 114 did not have the capacity to carry the increased runoff from these developments. The expansion of S.H. 114 will increase the capacity of these culverts. In addition, these detention ponds were constructed within the expanded right-of-way, and will be removed with the new highway construction. In order to not impede the construction of S.H. 114, the City needs to proceed with plans to improve the capacity of Jones Branch. This phase of the process involves a large amount of coordination Nvith Federal and State agencies. Jones Branch is considered "waters of the United States" and as such the Corps of Engineers needs to be consulted prior to the start of any activity. In addition, other agencies may need to be consulted regarding the project. Freese and Nichols proposed to complete Phase I of this project for a fee not to exceed $21,000. The City will be billed for actual billable time, with the total billings not to exceed the above amount. Once this phase has been completed an additional proposal will be submitted to cover the remaining phases of this design project. 5I-1 CURTIS E. HAWK AGREEMENT WITH FREESE & NICHOLS JONES BRANCH DRAINAGE DESIGN APRIL 17, 1998 PAGE 2 RECOMMENDATION Staff s recommendation is to place the Professional Services Agreement with Freese and Nichols for design services for Jones Branch on the Regular City Council Agenda for April 21, 1998, for City Council review and consideration. Attachment: Agreement A A 5I-2 Simon W. Freese, P.E. 1900-1990 Marvin C. Nichols, P.E. 1896-1969 FREESE - NICHOLS TRANSMITTAL TO: Bob Whitehead FROM: Jerry Fleming, P.E. SUBJECT: Jones Branch Drainage Master Plan DATE: April 8, 1998 Bob, attached are two revised copies of the Agreement for Professional Services for the development and implementation of storm water management for the West Jones Branch in the City of Southlake. The revisions reflect our understanding of the scope of work for West Jones Branch that extends from Grapevine Lake to the confluence of the main stem of West Jones Branch and Tributary WJ-1 and up Tributary WJ-1. We will not include any work on the main stem of the creek beyond this confluence. The proposed fee is based upon a not to exceed amount of $21,000. We propose to submit invoices based upon hourly rates for the personnel participating in the project. A range of hourly rates for personnel classifications is included in the proposal. Please feel free to call me if you have any questions. My direct dial number is: 817-735-7285 We look forward to working with you and the City of Southlake on this assignment. xc: MLN JLR RAM 51-3 FREESE AND rICHOLS P 4055 INTERNATIONAL PLAZA, SLTrE 200 p FORT WORTH. TEXAS 761094895 TELEPHONE: 817-735-7300 a METRO: 817429-1900 b FAX 817-735-7491 p FORM DATE: 6114194 AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS COUNTY OF TARRANT § This AGREEMENT is entered into by City of Southlake, hereinafter called "OWNER" and Freese and Nichols, Inc., hereinafter called 'TNI". In consideration of the AGRE NIENTS herein, the parties agree as follows: I. EMPLOiYIENT OF FNI: In accordance with the terms of this AG ! NT: OWNER agrees to employ FNI; FNI agrees to perform professional services in connection with the Project; OWNER agrees to pay to FNI compensation. The Project is described as follows: Develop and implement storm water management master plans for West Jones Branch in support of State Highway 114 improvements. II. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth in Attachment SC - Scope of Services and Responsibilities of OWNER which is attached to and made a part of this AGREENIENT. III. COMPENSATION: OWNER agrees to pay FNI a fee not to exceed Twenty -One Thousand Dollars (S21,000), for all professional services rendered under this AGREEN ENT in accordance with Attachment CO - Compensation, which is attached hereto and made a part of this AGREFEF SENT. N. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth as Attachment TC shall govern the relationship between the OWNER and FNI. Nothing under this AGREENM-N'T shall be construed to give any rights or benefits in this AGREEMENT to anyone other than OWNER and FNI, and all duties and responsibilities undertaken pursuant to this AGREENENT will be for the solc and exclusive benefit of OWNER and FNI and not for the benefit of any other party. This AGREEMENT constitutes the entire AGREEMENT between OWNER and FNI and supersedes all prior written or oral understandings. This contract is executed in two counterparts. IN TESMIONY HEREOF, they have executed this AGREENiENT, the day of 1998. ATTEST: CITY OF SOUTHLAKE (OWNER) ATTEST: 51-4 FREESE AND NICHOLS, INC. By ATTACF EIN T SC SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER ARTICLE I BASIC SERVICES: F�iI shall render the following professional services in connection with the development of the Project: A. Introduction The scope of work provides Phase II drainage master planning and the implementation of proposed improvements for Tributary WJ-1 and the downstream portion of the West Jones Branch watershed. It is our understanding that this particular branch will be impacted by the planned improvements to State Highway 114 that are scheduled for corstruction in the year 2000. Therefore, this proposal is developed with the view that City of Southlake storm water improvements will be in place by January 2000. FINZ's scope of work does not provide any planning, evaluation, or improvements for the West Jones Branch stream segment that is west of the confluence of Tributary WJ-1 and West Jones Branch. B. Phases �Ailtiple phases are proposed to accomplish the complete scope of work. The phases are generally described as follows: PHASE I 1. Data collection. 2. Develop stream management alternatives for Tributary WJ-1 and obtain City of Southlake concurrence for a preferred concept plan. 3. Meetwith Corps of Engineers (COE) and other federal and state agencies to coordinate the planned improvements PHASE II 1. Field surveys will be implemented for the subsequent design phases after coordinating the proposed solution with the regulatory agencies. 2. Prepare Preliminary Plans for the proposed improvements . 3. Initiate preparation of required easement documents. 4. At the completion of the Preliminary Plans phase, a formal 404 Pemvt Application will be developed and submitted to the Corps of Engineers. 5. Final plan development will begin during the permit review phase as information is received from the Corps of Engineers. Final documents for advertisement will be completed as soon as possible after COE notification of permit approval. 6. Advertisement, bid, and construction award for the planned improvements. SC-1 51-5 OWNER PHASE III Construction phase. PHASE IV Finalize Tributary WJ-1 to the West Jones Branch drainage master plan. C. Phase Activitles PHASE I 1. Data Collection Immediately upon notice to proceed, FiV-I will obtain available data related to the drainage area from the City of Southlake and the Texas Department of Transportation (TxDOT). We will attend one (1) meeting with the city and TxDOT to obtain available data. Data needed includes, but not limited to, property ownership data, casement descriptions, existing or planned right-of-ways, plans of existing drainage improvements, and plans of proposed improvements. 2. Develop Storm Water Management Plan for Tributary WJ-1 to West Jones Branch FNI will attend one (1) initial meeting with city officials to discuss in general the stream management solutions that should be considered. Following this meeting, FNI proposes one (1) meeting in the field with Corps of Engineers (COE) personnel to discuss the proposed project and seek their input into the stream management process. FNI will evaluate no more than three (3) possible alternative drainage control concepts and report the findings to the city at one (1) meeting. New hydrology will be developed and incorporated into the stream models. Existing computer models will be used to assist in evaluating stream flow conditions and possible improvements. Unmodeled stream segments will be developed using the existing City of Southlake Topographic Maps or other available topographic data. These models will be useful as a general planning tools, but are not suitable for accurate flood level definition. A letter report will be developed that discusses each alternative, the anticipated control the altemative provides for the 100-year storm event, probable environmental issues, and a general estimate of probable cost for implernertation. Flood limit definition will use best available topographic maps. One meeting (1) will be held with city staff to select the preferred solution based upon this preliminary level of evaluation. After identification of the preferred alternative, FNI will participate in one (1) City Council workshop and/or meeting to present the plan and obtain council approval for Tributary WJ-1 to the West Jones Branch stone water management master plan. 3. Regulatory Agency Coordination FNI will arrange on site meetings with the anticipated regulatory agencies. Foremost among these agencies will be the Corps of Engineers. Other agencies that may participate include Texas Natural Resource Conservation Commission ('INRCC), U.S. Fish and Wildlife, U.S. Environmental Protection Agency (EPA) and possibly others. FNI engineers and environmental scientists will have one (1) meeting with the agencies, review existing conditions, identify the planned improvements by TxDOT and the City's proposed storm water management plan for Tributary WJ-1 for West Jones Branch. Based upon this meeting, FNI will recommend continuation with the proposed master plan, or suggest modifications to the plan that, in our opinion, will best meet the conditions and requirements identified by the regulatory agencies. FT V SC-2 OWNER — 51-6 PHASE II Field Surveys After the regulatory coordination meetings, field surveys will begin. Depending upon the identified storm water marngarial plan, the survey effort can be tailored to meet the requirements for development of engineering plans. Concurrent with the field survey for engineering design, the surveyor will identify property comers, landowners, existing easements and etc. For engineering purposes the following survey data are required: a. Topographic maps (1' contour interval) of stream segments. b. Existing drainage facilities, roadways, select trees (4" diameter and larger), fences, and other features that will influence drainage characteristics. C. Existing building locations and fudshed floor elevations for those facilities that may be near the stream area and considered potential for flood damage. d. Locate existing utilities and utility easements. C. Property owners and property comers. In addition, an archeological survey, as required for permitting, will be performed for the stream segments along which improvements will be made. Preliminary Plans Prepare preliminary engineering drawings for the planned improvements. Plans will be completed to approximately a 50% level of completion sufficient for city review and to generally identify the scope of the project. Engineering plans will be coordinated with the COE. Three (3) sets of full size preliminary drawings and a preliminary estimate of probable construction cost will be submitted to the city for review. One (1) meeting with the city will be held to review the proposed improvements and receive comments. Easements Development of easernat legal descriptions will begin immediately after the preliminary plan review meeting with the city. 404 Permit Application FNI will prepare the Section 404 application for an Individual Pemvt (ENT G FORM 4345). The application will include the name and address of the applicant, description of the proposed activity, discussion of the purpose for dw proposed project, description of the limits of impacts to waters of the U.S., names and addresses of adjoining property owners (this information is to be provided by Owner), description of the water body, appropriate figures, and the preliminary plans. FNI's environmental scientists will assist Owner in identifying project design enhancement features along the limits of the proposed project. Enhancement measures include such items as providing natural structures within the confines of the stream channel, routing low flows through bypassed natural channels, recommending trapezoidal earthen banks where feasible, etc. The permit application will include text and figures appropriate for the public notice. The public notice text/figures will be included as an attachment to the Individual Permit application. The intent of this attachment is to provide the COE with the pertinent information for the public notice in a format that will require minimal revision, thereby, expediting the COE's process time for the public notice. FNI SC-3 OWNER -- 51-7 The draft permit application will be submitted to Owner for review prior to submittal to the COE. Owner's comments will be incorporated into the final permit application and submitted to the COE, or to Owner for submittal to the COE, within 10 days of receipt of the Owner's comments. a. llyfeet with Owner FNI will attend one (1) meeting with Owner to discuss the permit application. It is intended that this meeting will occur after Owner has reviewed the draft permit application. Comments from Owner will be received at this time. FNI will then prepare the final permit application for submittal to the C.O.E. Final Design Based upon the City's comments and the preliminary comments from the COE and other agencies, FNI will begin preparation of final engineering documents suitable for advertisement of construction. It is anticipated that the preliminary review comments from the regulatory agencies will allow concurrent final design and development of the construction documents. If necessary, the plans will be modified to reflect the elements of the approved 404 Permit. Specifications will be based upon the North Central Texas Council of Government Standard Specifications. Three full size drawings and specifications will be submitted to the City of Southlake for review. Following one (1) review session with city staff to receive comments, the final plans will be completed and submitted to the City of Southlake for advertisement by the city. A final estimate of probable construction cost will be provided to the city. Advertisement, Bid, and Award of Contract FNI will assist the city during this phase by: a. Answering questions from contractors and suppliers. b. Attending one (1) pre -bid conference. C. Attending one (1) bid opening and assist with preparation of the bid tabulation d. Making recommendations for contract award. PHASE III Construction Administration Assist Owner in conducting one (1) pre -construction conference with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements for the Project. FNI shall famish six (6) full size sets of final plans to Owner marked "For Construction". Make up to nine (9) visits to the site to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Contract Documents. If FNI is requested to visit the site more than 9 times, the requested visits shall be considered an Additional Service and FNI shall be entitled to additional compensation. In performing the services outlined above, FNI will endeavor to protect Owner against defects and deficiencies in the work of Contractors and FNI will report any observed deficiencies to Owner, however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. RNI shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible SC-4 OWNER 51-8 for the acts or omissions of any person (except his own employees or agents) at the Project sites or otherwise performing any of the work of the Project. Review samples, catalog data, schedules, shop drawings, laboratory, shop mill tests of material and test equipment, and other data pursuant to the Construction Contract. Interpret intent of the plans and technical specifications for Owner and Contractor and prepare change orders as needed to clarify the intent of the plans and specifications. Prepare monthly and final estimates, based on quantities provided by the City Inspector, utilizing the estimate forms provided by Owner, pursuant to the Construction Contract. Change orders shall be prepared when required to reflect a change of construction scope. Conduct, in company with Owner's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Contract Documents, and review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Revise the construction drawing in accordance with the information famished by construction Contractor(s) reflecting changes in the Project made during construction. One set of reproducible prints of "Record Drawings" shall be provided by FNI to Owner. PHASE IV Fi`IIwill develop afmnal report of the drainage master plan for West Jones Branch. The report will review the various stream managements alternatives, environmental issues and their impact upon the alternatives, a general planning estimate of probable construction cost, and maps showing the selected plan and level of flood control. ARTICLE H ADDITIO`1AL SERVICES: Additional Services to be performed by FNI, if authorized by Owner, wfiich are not included in the above described basic services, include, but are not limited to the following: Preparing the application and follow-up coordination with the Federal Emergency Management Agency (F1 Lk) for a Conditional Letter of Map Revision (CLOMR). Preparing applications and supporting documents for government grants, loans, or planning advances, and providing data for detailed applications. Providing full time site inspection during construction of the Project. Performing designs for trench safety and retaining walls, etc., not included in the above Scope of Services. Revisions to plans as a result of design modifications requested by Owner or by the contractor after completion of original final design (unless to correct error on original plans). Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including preparation of engineering data and reports for assistance to Owner. Assisting Owner in claims disputes with Contractor(s). SC-5 51-9 FNII i OWNER 8. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those services calaTlated by this Agreement. Such services, if any, shall be famished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. 9. Providing environmental support services, including the design and implementation of ecological baseline studies, archeological surveys, environmental monitoring, impact assessment and analyses, permitting assistance other than listed in the above Scope of Services, and other assistance required to address environmental issues. 10. Geotechnical investigation of subsurface conditions. 11. Attending homeowners and/or Council meetings other than those described in the Scope of Services, including preparation of all displays, reports, or other data for use at such meetings. 12. Preparing plans and/or specifications related to the relocation of utilities. ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and suggests the following schedule in order to meet the anticipated S. H. 114 improvements. Phase Concept Storm water Management Plan, West Jones Branch, WJ-1 Review with Agencies Survey Preliminary Design 404 Permit Easements Final Design Advertise, Bid, & Award Construction ARTICLE IV Time Frame May - June 1998 July 1998 July 1998 July 1998 - October 1998 November 1998 - February 1999 November 1998 - January 1999 February 1999 - March 1999 March 1999 - April 1999 June 1999 - December 1999 RESPONSIBILITIES OF OWNER Owner shall perform the following in a timely manner so as not to delay the services of FNI: 1. Assist FNI by placing at FNrs disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 2. Examine submittals from FNI within a reasonable time so as not to delay the services of FNI. 3. Bear all costs incident to compliance with the requirements of this Article III. FNq� SC-6 OWNER — 51-10 ARTICLE V LNGLNEEIZrNG FEE: Because of the indeterminacy of the effort for the latter phases of this project, the engineering fee for only PHASE I is provided in Attachment CO. Fees for Phases IL III, and IV will be submitted to the OWNER for approval near the completion of Phase I. rmn: OFF9805 0 [RICONTRA=r 999\CONTRACTSLARF.TB. Corr] SC-7 51-11 OWNER ATTACHMENT CO COMPENSATION Not to Exceed: The total fee for Phase I Services in Attachment SC shall be based on the Schedule of Charges but shall not exceed Twenty-Oru Thousand Dollars ($21,000). If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER s approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Fees for Phases II, III, and IV will be submitted to OWNER for approval near the completion of work for Phase 1. B. Schedule of Charges for Additional Work: POSITION MIN MAX PRINCIPAL 154.28 191.71 SENIOR CONSULTANT 76.06 224.34 MANAGER-8RANCH OFFICE 117.02 150.54 GROUP MANAGER 136.39 163.97 SR DISCIPLINE LEADER 147.59 17224 DISCIPLINE LEADER 94.18 149.57 PROGRAM MANAGER 84.11 105.14 ENGINEER VI 98.40 125.13 ENGINEER V 90.48 114.33 ENGINEER IV 79.46 99.18 ENGINEER III 67.10 85.36 ENGINEER II 60.18 76.04 ENGINEER 1 53.13 66.01 ELECTRICAL ENGINEER III 68.92 90.46 ELECTRICAL ENGINEER II 51.27 6729 MECHANICAL ENGINEER V 81.16 106.52 MECHANICAL ENGINEER IV 74.66 98.00 MECHANICAL ENGINEER III 72.69 91.76 RESIDENT ENGINEER 92.58 121.50 SENIOR RESIDENT REPRESENTATIVE 72.37 92.73 DESIGNER II 66.54 100.72 DESIGNER 1 60.05 74.08 SENIOR ENGINEERING TECHNICIAN 75.96 86.71 ENGINEERING TECHNICIAN 59.76 77.38 TECHNICIAN II 51.47 66.67 TECHNICIAN 1 43.52 53.42 DRAFTER 43.18 48.91 ESTIfvtATORISCHEOULER 49.47 61.84 CONSTRUCTION SERVICES ADMIN ASST 39.81 49.76 DOCUMENT CONTROL CLERK 39.31 49.13 ENVIRONMENTAL SCIENTIST VII 87.94 109.92 ENVIRONMENTAL SCIENTIST V 73.97 92•46 ENVIRONMENTAL SCIENTIST rV 71.05 83.18 ENVIRONMENTAL SCIENTIST III 58.79 6324 ENVIRONMENTAL SCIENTIST 11 55.29 61.49 ENVIRONMENTAL SCIENTIST 1 40.80 48.78 SENIOR ARCHITECT 103.26 129.07 ARCHITECT V 84.90 106.13 ARCHITECT III 66.60 8325 ARCHITECT II 54.76 68.44 HYCROLOGIST IV 55.53 72'88 HYCROGEOLOGIST 74.29 92.87 WCRD PROCESSING/SECRETARIAL 38.12 44.58 OPERATIONS ANALYST 56.74 82.57 CCNTRACT ADMINISTRATOR 39.88 4945 INFORMATION SERVICES CLERK 38.29 4427 CO-OP 17.00 3820 7is r Za and ladlvldual aalaAM rWll ►o a41usb4 mnualf!'. RATS FOR INHOUSE SERVICES Computer and CAD Calcomp Plotter PC CAD Stations $10.00 per hour Bond $2.00 per plot PC Stations $3.00 per hour Color $3.50 per plot VAX Computer $20.00 per hour Vellum $4.00 per plot Mytar $10.00 per plot Print Shop Bluelines $0.08 per square foot Offset and Xerox Copies $0,07 per single side copy Offset and Xerox Copies $0.14 per double side copy GBC Binding(Reg. Cover) $2.00 Per book GBC Binding(Emboss. Cover) $4.00 pef book Tape Binding(Reg. Cover) $1.75 per book Tape Binding(Emboss. Cover) $3.75 per book Testing Apparatus Density Meter S350.00 per month Gas Detection $10.00 per test OTHER DIRECT EXPENSES at acnial cost brnes a mulapher of 1.1 S. 7ney irw s outsde ?rinang and ceprodixmn Cther hrect ogauo ue rambursed eac-, e. carvnuruation �nx, travel WLng c m of and sutnisrarce L% to 6om Fat Worth and od-e mis a do ears ^,.>rady o 3x work ir><ludut8 cosh of LbontorY analYsu, rests, and aha �'ak R9usred to be done by en reLted ogauc arciperdenr pmoru ocher tan stu7 axmbera. OWNERy cpm:34A 01-31-98 51-12 ATTACI-DvM- 1T TC 8-20-96 TERINIS AND CONDITIONS OF AGREEN ENT 1. DEFINITIONS: The term Owner as used herein refers to City of South -lake The term FNI as used herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEtitENT. 2. CHANGES: Owner, without invalidating the AGREELvfENT, may order changes within the general scope of the WORK required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in FNI's cost of, or the time required for, the performance of any part of the Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERMINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability, warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss of use of the equipment or system, loss of anticipated profits or revenue, non -operation or increased expense of operation or other equipment or systems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNrs disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design criteria, drawings, specifications or other information furnished by Owner and Owner a�ees to indemnify and hold FNI harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. FNI shall disclose to Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof. 6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Commercial General Liability General Aggregate $2,000 Automobile Liability (Any Auto) CSL $1,000 Workers' Compensation Each Accident $500 Professional Liability $3,000 Annual Aggregate SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any subcontractor for FNI is incompetent or undesirable, Owner will notify FN-I accordingly and FNI shall take immediate steps for cancellation of such subcontract Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNl's fees for services. FM may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FNI's independent associates or consultants, and Owner shall indemnify and hold harmless FNI and FNTs independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings, report data and other project information in the execution of the Services provided under this AGREEMENT in FNIFs other activities. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner, and FNI shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. F i�I OWNER 7 SI-13 I. City of Southlake, Texas MEMORANDUM April 17, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Ordinance No. 702, 2"d Reading, Abandoning a Portion of the Right -of -Way on South White Chapel Boulevard BACKGROUND Attached is the referenced ordinance to abandon a portion of the right-of-way on S. White Chapel Blvd. The quitclaim deed for this property is attached. When this property was platted in September 21, 1982, as Lot 2, Cash Acres, the surveyor apparently showed the required right-of-way dedication as being measured from the edge of pavement, not the center of pavement. As a result, more right-of-way than required was dedicated. All of the franchise utilities have stated that they have no objection to this abandonment. There are no public utilities located within this portion of the right-of-way. RECOMMENDATION Staff's recommendation is to place Ordinance No. 702, 2°d Reading on the Regular City Council Meeting Agenda for April 21, 1998, for City Council review and consideration. RH/ls Attachments: ROW Abandonment Application Ordinance No. 702 Quitclaim Deed M \W P-FILESSORD\702kMEMO. WPD 7A-1 ' CITY OF SOUTHLAKE 4/6/94 APPLICATION FOR R.O.W. ABANDONMENT STREET NAME: s , h 1 PIT= S G1qAPEL R j-J T) , GENERAL LOCATION: cjUST so, aF 1,4 A(TES CHAPEL t Pinc 1/l7'EgSEZTIoTI APPLICANT NAME: IkAV &491-INC*Tor) ADDRESS: � ►4tg LANCO G I pc lE PH041742-1 OTHERS IF APPLICABLE I hereby request that the City of Southlake abandon the R.O.W. referenced herein. I understand and agree to comply with the Standard Procedure for R. O. W. abandonment provided by the City. Signed: Date: For City Use Only: I hereby acknowledge receipt of the R.O.W. abandonment fee of $150.00 on this the day of , 19 Signed: Date: The following must accompany this application in order to be accepted for consideration. Not Provided Applicable Application fee of $150.00 Completed Application Name, Address and Phone of all Property Owners Adjacent to the Abandonment Request Legal Description of the Area to be Abandoned Graphic Exhibit Showing Area to be Abandoned with Metes and Bounds Shown Legal Description and Graphic Exhibits for any Divisions Proposed for Acquisition by Separate Owners Approval Signatures From All Utility Companies Legal Descriptions and Graphic Exhibits for any Easements to be Retained Approval Signatures of all Property Owners Adjacent to the Area to be Abandoned C:\WPRFOR.kISNAPPS,RO W-ABAN.APP 7A-2 LAV IN Wctjj J(�r cor." CITY OF SOUTHLAKE (817) 481-5581 REG-RECEIPT:01-69142 C:82-23-1998 CASHIER ID:F 84:22 ps A:82-23-1998 --------------------------------------- 4238 FEES -ZONING $158.89 REQUEST FOR ROW ABANDONMENT ----------------- TOTAL DUE $150.86 RECEIVED FROM: ANY BARRINGTON CHECK $150.08 TOTAL TENDERED--------i159.88 -------- CHANGE DUE $0.80 U IC , J 2. -2.3-9 2 7A-3 ENTEREO FEB 2 6 1998 ORDINANCE NO.702 AN ORDINANCE VACATING AND ABANDONING A PORTION OF RIGHT- OF-WAY ON SOUTH WHITE CHAPEL BOULEVARD, IN THE CITY OF SOUTHLAKE, TARR.ANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID RIGHT-OF-WAY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that a portion of right-of-way on South White Chapel Boulevard in the City of Southlake, hereinafter more specifically described, are not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the City desires to execute quitclaim deed releasing all title, ownership and control in said right-of-way to the owners of the abutting property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The following right-of-way on South White Chapel Boulevard is hereby vacated and abandoned as public property: South White Chapel Boulevard located in the Cash Acres Addition to the City of Southlake said right-of-way being depicted and described as Lot 2. The right-of-way is not being used by, nor useful or convenient to the public in general. It constitutes a public charge 7A-4 without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. The right-of-way so vacated and abandoned shall revert in fee simple to the owners of the abutting properties. Said portion of right-of-way on South White Chapel Boulevard is more specifically described on the attached exhibits: EXHIBIT A: Legal Description EXHIBIT B: Graphic Depiction Further, the attached Exhibit "C" documents the approval of these abandonments by the utility companies, and Exhibit "D" documents the approval of the adjacent property owners. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute one or more quitclaim deeds releasing all claims to title, ownership, or control of the right-of-way on behalf of the City of Southlake, Texas. SECTION 3 A copy of said quitclaim deed shall be presented for filing with the County Clerk of Tarrant County, Texas, by the office of the City Secretary. SECTION 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 This ordinance shall be in full force and effect from and after its passage, and it is so 7A-5 Im IN ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF ,1998. CITY OF SOUTHLAKE, TEXAS MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF ,1998. CITY OF SOUTHLAKE, TEXAS ulTI: OM ATTEST: CITY SECRETARY 7A-6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Date: Adopted: Effective: 7A-7 N:\W P.FiLFJ 0P,D\70'_`.ORD. WPD IN David C. Moak, R.P.L.S. Consultant David W. Myers, R.P.L.S. President EXHIBIT A David C. Moak „Surveyors, Inc. Registered Professional Lan"d Surveyors Texas • New Mexico Arizona • Nevada DESCRIPTION FOR RIGHT-OF-WAY ABANDONMENT ( SEE EXHIBIT "9t' ) • Acreage • Topography • Subdivisions • Loan Surveys • Investigative Surveys • Construction Layout ALL that certain tract or parcel of land situated in the H. GRANBERRY SURVEY, ABSTRACT NO. 581, City of Southlake, Tarrant County, Texas and being a portion of South White Chapel Boulevard right-of-way, Southlake, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the most.. westerly northwest corner of Lot 2, Cash Acres, an addition to the City of Southlake, Tarrant County, Texas as recorded in Volume 388-114, Page 611 of the Plat Records, Tarrant County, Texas and being in the easterly boundary line of Lot 1, Aubrey. Estates, an addition to the City of Southlake, Tarrant County, Texas as recorded in Volume 388-142, Page 41 of the Plat Records, Tarrant County, Texas; THENCE North 11 degrees 24 minutes 00 seconds West with the easterly boundary line of said Lot 1, 29.72 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set; THENCE North 50 degrees 34 minutes 00 seconds East departing said boundary line, 69.24 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set at the beginning of a curve to the left; THENCE easterly with said curve to the left having a radius of 1230.24 feet, a central angle of 09 degrees 37 minutes 14 seconds, an arc length of 206.57 feet and a long chord of North 45 degrees 45 minutes 23 seconds East at 206.33 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC"-set in the westerly boundary line of a tract described in the deed to David Machalica as recorded in Volume 7193, Page 160 of the Deed Records, Tarrant County, Texas; THENCE South 08 degrees 26 minutes 50 seconds East with said westerly boundary line, 12.28 feet to the most easterly northeast corner of aforesaid Lot 2; ( Page 1 of 3 ) 105-B Bedford Rd. • Bedford, Texas 76022-6208 • Metro (817) 268-2211 • Fax (817) 282-0401 Member Tem Society of Professional Surveyors do American congress on surveying & Mapping 7A-8 14 14 David C. Moak, R.P.L.S. Consultant David W. Myers, R.P.L.S. President EXHIBIT_A_ (CONT.) David C. Moak `.Stft*pyors, Inc. Registered 1 rofissiopal Land Surveyors Texas • New Mexico Arizona • Nevada • Acreage • Topography • Subdivisions • Loan Surveys • Investigative Surveys • Construction Layout THENCE along the northerly boundary line of said Lot 2 as follows: South 37 degrees 23 minutes 36 seconds West departing said westerly boundary line, 17.07 feet; South 41 degrees 23 minutes 36 seconds West, 87.07 feet; South 45 degrees.43 minutes 35 seconds West, 180.55 feet to the place of beginning and containing 0.1042 acres of lard, more or less, as surveyed by David C. Moak Surveyors, Inc. during the month of February 1998. ( Page 2 fo 3 ) 105-B Bedford Rd. • Bedford, Texas 76022-6208 - Metro (817) 268-2211 • Fax (817) 282-0401 Member Toas Society of Professional Surveyors & American Congress on Surveying do Mapping 7A-9 11 IM 14 1; X 1-1115I T EXHIBIT B V71MOA ACO 1W ►v1OA}�- 51Z.h os TYPE 2 rG;CLltf31 �IOW11.1(� W(a41�01`-•YdA AnAt lGloi.IMe-gT I!5E 1KG A 1-,01Z latj or— cvou,r(l Wl-I T�U14peL- eou Lt-VAtzD . �outut,A1� , rAi�Aw�' C,OUWTf , Tt-xA5• PAG le 15 OF 3 ( %��E DESGtz•II�iC�,,l � . The plat hereon is an accurate representation of an actual survey made on the ground under my supervision and the Iines. corners. and dimensions of said property are as Indicated:.:' The size, location, and type of buildings and improvements shown are as indicated: Sold improvements being within the boundaries of the property, except as shown, and set back. from "the boundilry lines the distances:. Indicated: The distance from the nearest J. intersecting streat'or road Is as shown.%.There are no apparent encroachments, protrusions,, boundary Ilne.eonfliets. visible easements or easements of record as furnished to us..• 'except as shown or noted otherwise. SCALE 14 a vJpi LEGEND D41110 M. C. 41( a-10 'Surveyers, Inc. • FOUND STEEL ROD REGISTERED PROFESSIONAL O SET CAPPED STEEL ROD LAND SURVEYORS + CROSS CUT IN CONCRETE FOUND STEEL PIPE P.O. BOX 1034 (817) 266-2211 O FOUND BOIS D'ARC STAKE HURST. TEXAS 76033 - POWER OR TELEPHONE LINE Z - -to -.C)� ->t- CENTERLINE FENCE .. DATE -_ JOB* ,r-Z?z • <. • iee of tPia seat wwl M aa .M M= Ww,,W be eumN to plat • tivaeh . -•' w NrM!.rol — Va . r •r M4 611 l:31Ito EXHIBIT 'C' UTILITY COMPANY APPROVALS We, the undersigned, as duly authorized representatives of the respective utility c�t�flanies, hereby express no objection to the abandonment of the portion of 1�(h1fe5 Cocow. so noted on the attached exhibits, Tarrant County, Texas. Texas L'tili 'es Electric Sianed. Pr'. red Name: Titre' -'' s,f V'.0 T 4n/lei Dare: 3 —4/ — 71; GTE Central. Inc. P:i-.ed Name: Ti..: 4 bw,/(',ac. D-1:,. 3- l - '00 Marcus Cable Si?-ed: f c vv/Iw Pr'--?td Name: lFG/�•'ll T; QAml /V 4-5 S - IN Tri-County Electric Coop., Inc. Si - red: S' D . &.12eH Printed Na.ne: Sc.. n D, .D.4u4.14CH Title: lam/ si—,el T 1?%4AmewE,2 Date: 44ecN 4 /??e Lone Star Gas Company Signed: / Printed Name: Title: Dace: Date: 3 S k 7A-11 EXHIBIT D ADJACENT OWNERS APPROVAL We the undersigned, as duly authorized representatives of the respective adjacent owners, hereby express no objection to the abandonment of the portion of White Chapel Blvd. r.o.w. so noted on the attached exhibits, Tarrant County, Texas. Virgile Cash Signed.-'- Printed: v • �-" CA S,4 Date: - e y Roger G. B ird Signed - Printed: 2s �inGG.�° G�NJ Date:.5 G n � 12GC� Printed: Date: 3 . I J- `i S" Aubrey or Rosa Smith Signed: Printed: & S a Date: ? - / - 5 1? 7A-12 QUITCLAIM DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful study and consideration, has determined that a portion of right-of-way on South White Chapel Boulevard located in Cash Acres Addition in the City of Southlake, hereinafter specifically described and depicted as Lot 2 on Exhibit A attached hereto and incorporated herein, is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefitted by its vacation and abandonment. For and in consideration of the above findings and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake ("Grantor") does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto: BRAD BARRINGTON ("Grantee"), and any and all of its heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to to the following described real property situated in Tarrant County, Texas, to wit: See Exhibit ' A': Legal Description See Exhibit ' B' : Graphic Depiction Further, the attached Exhibit "C" documents the approval of these abandonments by the utility companies, and Exhibit "D" documents the approval of the adjacent property owners. TO HAVE AND TO HOLD all of its right, title and interest in and to the above described right-of-way unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have, claim of demand any right or title to the aforesaid utility easement premises or appurtenances or any part thereof. Executed this the CITY OF SOUTHLAKE MAYOR day of 7A-13 STATE OF TEXAS 14 COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Mayor of the City of Southlake, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 1998. Notary Public in and for the State of Texas (W My commission expires: Return to: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 M AW P-FILES\ORD\702\ORD. W PD [�J Grantee: 7A-14 11 David C. Moak, R.P.L.S. Consultant David W. Myers, R.P.L.S. President EXHIBIT A David C. Moak„.Surveyors, Inc. Registered Profgssipnal Lagd Surveyors Texas • New Mexico - Arizona • Nevada DESCRIPTION FOR RIGHT-OF-WAY ABANDONMENT ( SEE EXHIBIT "9" ) • Acreage • Topography • Subdivisions • Loan Surveys • Investigative Surveys • Construction Layout ALL that certain tract or parcel of land situated in the H. GRANBERRY SURVEY, ABSTRACT NO. 581, City of Southlake, Tarrant County, Texas and being a portion of South White Chapel Boulevard right-of-way, Southlake, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the most "westerly northwest corner of Lot 2, Cash Acres, an addition to the City of Southlake, Tarrant County, Texas as recorded in Volume 388-114, Page 611 of the Plat Records, Tarrant County, Texas and being in the easterly boundary line of Lot 1, Aubrey Estates, an addition to the City of Southlake, Tarrant County, Texas as recorded in Volume 388-142, Page 41 of the Plat Records, Tarrant County, Texas; THENCE North 11 degrees 24 minutes 00 seconds West with the easterly boundary line of said Lot 1, 29.72 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set; THENCE North 50 degrees 34 minutes 00 seconds East departing said boundary line, 69.24 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set at the beginning of a curve to the left; THENCE easterly with said curve to the left having a radius of 1230.24 feet, a central angle of 09 degrees 37 minutes 14 seconds, an arc length of 206.57 feet and a long chord of North 45 degrees 45 minutes 23 seconds East at 206.33 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set in the westerly boundary line of a tract described in the deed to David Machalica as recorded in Volume 7193, Page 160 of the Deed Records, Tarrant County, Texas; THENCE South 08 degrees 26 minutes 50 seconds East with said westerly boundary line, 12.28 feet to the most easterly northeast corner of aforesaid Lot 2; ( Page 1 of 3 ) 105-B Bedford Rd. • Bedford, Texas 76022-6208 • Metro (817) 268-2211 Fax (817) 282-0401 Member Texas Society of Professional surveMq,;�►mericau Congress on Surveying Jt Mapping David C. Moak, R.P.L.S. Consultant David W. Myers, R.P.L.S. President EXHIBIT_A (CONT.) David C. Moat -- Sdrypyors, Inc. '1 r : . Registered Prof fssiopal Land Surveyors Texas • New Mexico Arizona • Nevada • Acreage • Topography • Subdivisions • Loan Surveys • Investigative Surveys • Construction Layout THENCE along the northerly boundary line of said Lot 2 as follows: South 37 degrees 23 minutes 36 seconds West departing said westerly boundary line, 17.07 feet; South 41 degrees 23 minutes 36 seconds West, 87.07 feet; South 45 degrees 43 minutes 35 seconds West, 180.55 feet to the place of beginning and containing 0.1042 acres of land, more or less, as surveyed by David C. Moak Surveyors, Inc. during the month of February 1998. ( Page 2 f o 3 ) 105-B Bedford Rd. • Bedford, Texas 76022-6208 • Metro (817) 268-2211 - Fax (817) 282-0401 Member Texas Society of Professional Surveyors & American Congress on Surveying & Mapping 7A-16 11 IR IM EXMBI"T B ve- Ap 6/0, y2' MOAI�y� : v yi �I I Ile N �. 4J, TYPE 2r -V4�76e-Zd tee- lzze8 a° E-1XWIFNC-A10w11.Uj WLIM-rOF•WA Al!>AUG01JMEi 'T P>E:i�1c� A t10� 1D►J CVouT-Li Wwljr CWAPEL' L50ULEA/Atzo Cq u�w -6 , ral AN C,OU►JTi I Tt-XIS. (FACIE: 3 OF- 3 The plat hereon is an accurate representation of an actual survag made on the ground under my supervision and the IInes. corners, and dimensions of said property are as Indicated:' The size, location, and type of buildings and improvements shown are as indicated: Said Improvements being within the bounctarles of the property, except as shown, and set back. from 'the boundary lines the dlstanees.A ndicated: The distance from the nearest f• Intersecting street•or road is as shown;.Thers are no apparent encroachments, protrusions,, boundary line.eonflicts. visible easements or easements of record as furnished to us,!. except as shown or noted otherwise. SCALE {� a v-�1 •l LEGEND A4V/D C. M.41( Sum Veyors, MC..' • FOUND STEEL ROD REGISTERED PROFESSIONAL O SET CAPPED STEEL ROD + CROSS CUT IN CONCRETE LAND SURVEYORS FOUND STEEL PIPE P.O. BOX 1034 (517) 264-2211 O FOUND BOIS D'ARC STAKE HURST, TEXAS 76033 POWER OR TELEPHONE LINE 7A-17 ?� Zo 4) „ —M — CENTERLINE FENCE t' • . DATE J08M alT 27Za ,oPw• of Nro p,ot not 'va oos4 a� -M Y,k nat+nr e!aW0 b• ooaRnN to eoatah. :: , � `; �� IA•r•fa• wldlna tM •!et•d e•R . ti EXHHBIT C EXHIBIT 'C' UTILITY COMPANY APPROVALS We, the undersigned, as duly authorized representatives of the respective utility cct�aatties, herebv express no objection to the abandonment of the portion of W rlfc; Cl'j0r` .w. so noted on the attached exhibits, Tarrant County, Texas. Texas L'tili 'es Electric Signed Pranced Name: Co7`r (k Title:r- SST 1l . p Da:_: 3 — 9 — 71; GTE Central. Inc. B Signed:� s� T:i. a`j G. 1✓o��G� IM Marcus Cable g Siz.._'�: Tri-County Electric Coop., Inc. Signed: S�Z`^� D . F"I-14 Printed `a:ne: Sc.. /' D, �.4uaZ.4CH Tide: Li/ SJ-Q/LT 1)�4AM(wS-2 Date: 4AReN X/' Lone Star Gas Company Signed: Printed Name: Title: f'/olee! 0,co,6L.ae-.�af Date: 3-5-9F P;a..._d Name: //jj ��T Ti:•=: /-�dwA/ 4SSI.Date: 3 8 7A-18 EXHIBIT D ADJACENT OWNERS APPROVAL We the undersigned, as duly authorized representatives of the respective adjacent owners, hereby express no objection to the abandonment of the portion of White Chapel Blvd. r.o.w. so noted on the attached exhibits, Tarrant County, Texas. Virgile Cash Signed-144AJL 0-4j'-� Printed: V• L— CA9A Date: 3 — % , 7 y Roger• / Signed- (W Printed;t/Zs 96 Date: Signec{7—�) 'C_ Printed: Date: 3.16, -i V' Aubrey or Rosa Smith Signed: Printed: A S a. ZP e Date: Y (W 7A-19 4 0 City of Southlake, Texas STAFF REPORT April 17, 1998 CASE NO: ZA 98-022 PROJECT: Concept Plan / Southlake Crossing Animal Clinic STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Concept Plan on property legally described as being a portion of Lot 4, J. G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1253, Plat Records, Tarrant County, Texas, and being approximately .528 acres. LOCATION: North side of West Southlake Boulevard (F.M. 1709) approximately 350' west of Randol Mill Avenue. OWNER/APPLICANT: Southlake Crossing Animal Clinic CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Retail Commercial and 100 Year Flood Plain NO. NOTICES SENT: Eight (8) RESPONSES: None P&Z ACTION: April 9, 1998; Approved (6-0) subject to Concept Plan Review Summary No. 1, dated April 3, 1998, deleting Item #la (dumpster location) and allowing the dumpster as shown. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 1, dated April 17, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-022CP.WPD m FUNTUI&Z QFFn1W IT 4-1 -TT CAFP HIGF SCHO AE cow IT --T-1 cr lie' r1tF-A fj TRACT MAP CnfnL aseamy sxm O� TR 201 �g9 2F} 108 t .002 9 to 1.0681 0 Men N1 M 2 2 22 a ss ss I ss �I� 2)3 t � ' t Z" I \ J TR 4 COMMON f.^. t t 5 1.0 AC i� _- E 6A 68 2 ' TR 2 5 6 ' �t� 1.475 9 c AD1D 1 O 3 O' 1.605 O ` a 7 : cn S� J. MARTIN AL ADDS 1.0564 J G S so4c STONEBRIDGE MONTICELLO — � C 3 TR.2DAc 4.3 ® I ' 2R 3R2 ' 5.552 0 1 U SOUTHLAKE STONEBRIDGE OUTH LAKE i 3R1 �gE .722 O A9�G'� J.V. � r 9 . 1 40 _ j.c I 2.560 0 17 „C_2„ TR i p 2A3 I TR 2A 1 •C-2' , 46 3.63 AC 5R1 0 o .r METZER DAIRIES ADJACENT OWNERS AND ZONING rl s City of Southlake, Texas Case No: ZA 98-022 Review No: One Date of Review: 04/17/98 Project Name: Concept Plan - Southlake Crossing Animal Clinic APPLICANT: 11 P � 1TX$ =$-I "t Wei In, '�•�-WHIrAy.• • • • :_ ill 1111WAIII, Blake J! I..: 1 1•.• W1 - • OR V.1• 'I,_!- FIET,:: • • 1 i�) CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/16/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT LISA SUDBURY AT (817) 481-5581, EXT. 787. * No review of the driveways is provided with this concept plan. The following conditions exempt these driveways from current requirements: This proposed concept plan utilizes the existing curb cuts on the site. The proposed use of the driveways is not projected to increase by twenty percent or more the actual or proposed daily design hour volume. 1. The'following changes are needed regarding the dumpster: a. Locate the dumpster to the side or rear of the principal building. This plan proposes the dumpster in the front of the building at the rear of the property. (P & ZAction 419198: Deleting Item #la (dumpster location) and allowing the dumpster as shown.) b. Trash receptacles shall be four sided with a gate. They shall be screened by a minimum 8 foot solid masonry screen. 2. The following changes are needed regarding the Vicinity Map: a. Show and label Randol Mill Avenue, north of Southlake Boulevard. b. Show and label Stonebridge Lane west of this property. C. Remove the small street segment shown adjacent to the site and along the west property boundary. 3. Label this a "CONCEPT PLAN' instead of site plan. rlg-,q City of Southlake, Texas — 4. The following changes should be made regarding bufferyards: a. Provide and label the southwest bufferyard, adjacent to Stonebridge, Lot 1, as Type "A" foot. This plan proposes none. b. Provide and label the northwest bufferyard, adjacent to Stonebridge, Lot 2, as Type `B" - 10 foot. This plan proposes none. C. Provide and label the east bufferyard as Type "A" - 5 foot. This plan proposes none. d. Correct the south bufferyard to a Type "O" - 20 foot. 5. Label the metes and bounds showing boundary dimensions and bearings. 6. The following label changes are needed regarding the existing zoning of the property and the existing land use: a. Note the land use designation (L.U.D.) for this property in the Site Data Summary Chart as "Retail/Commercial - 100 Year Flood Plain". b. The property east and north of this site is a portion of Lot 4, J. G. Allen, No. 18 Addition. C. Label the owner of the property to the east and north. d. Include the platting information for the southwestern -most adjacent property as "Lot 1, Stonebridge Park, Cabinet A, Slide 3998, L.U.D. = Retail/Commercial - 100 Year Flood Plain". Label the northwestern -most adjacent property as "Realty Capital Group, Owner, Lot 2, Block 1, Stonebridge Park, Cabinet A, Slide 4153, L.U.D. = Retail/Commercial -100 Year Flood Plain". e. Label the property south of Southlake Boulevard as "DKV Partners, Owners, Lot 5R4-Rl, Parker's Corner, Cabinet A, Slide 3195, L.U.D. = 100 Year Flood Plain" 7. Revise the number of "Proposed Lots" in the Site Data Chart to one (1). 8. Remove the reference to "Drake Estates" in the Legal Description "box" in the left hand comer. 9. Label building graphic as "Small Animal Clinic". 10. Revise the statement regarding "Parking & Loading" in the Site Data Chart. No loading area is required for this proposed development. No loading area is shown. 11. Provide the distance to the nearest right-of-way intersection, and/or driveway entrance. centerline, in both directions, from the proposed driveway entrance centerline. 12. Show a Common Access Easement (C.A.E.) 2' wider and centered over drive lanes. q5-.s City of Southlake, Texas P&ZACTION.- April 9, 1998, Approved (6-0) subject to Concept Plan Review Summary No. 1, dated April 3, 1998, amended as noted above. * Although not required by ordinance, staff would appreciate placing the City case number 11ZA98- 022" in the lower right corner for ease of reference. * A common access easement will be required on and adjacent to the east property line, along the concrete drive and stubbing into the west property at the time of platting. The easement shall encompass the entire width of the planned drive plus an additional with of 1 foot on both sides of the drive. * A letter of permission from the adjacent property owner(s) on the east and west must be obtained prior to issuance of a building permit for the construction of the off -site pavement. A permit from TxDOT must be obtained prior to any curb cut along F:M. 1709. * The applicant should be aware that prior to issuance of a building permit a Plat Revision must be processed for all of Lot 4, J. G. Allen, No. 18, and filed in the County Plat Records. Additionally, a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. This review is based on the "C-3" Zoning District Regulations. * Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements. • Vertical and horizontal building articulation (required on the north, east, south, and west building facades) per §43.9C 1 e, Ordinance 480, as amended. • Masonry requirements per §43.9C 1 a, Ordinance 480, as amended and Masonry Ordinance No. 557. ' • All mechanical units must be screened of view from rights -of -way and residential properties. • Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.90h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • Residential adjacency standards per §43.11 and Exhibit 43-E on Page 43-15, Ordinance 480, as amended. • Spill -over lighting and noise per §43.12, Ordinance 480, as amended. 78 -6 City of Southlake, Texas • Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment cc: Southlake Crossing Animal Clinic: VIA FAX ABOVE Blake Architects: VIA FAX ABOVE L:\COMDEV\WP-FILES\REV\99\98022CIP-WPD `v ,q 3 City of Southlake, Texas MEMORANDUM April 17, 1998 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 703, 1st Reading, An Ordinance Authorizing the Issuance of Certificates of Obligation, Series 1998 On April 7, the Council approved Resolution 98-26 that authorized publishing the City's notice of intent to issue certificates of obligation. This notice of intent was published in the City's official newspaper, the Fort Worth Star Telegram, on April 9 and 16. The Resolution authorized a maximum of $14 million in Certificates of Obligation. The 1997-98 adopted budget approved a capital projects component consisting of water, sewer, street and drainage projects totaling $12,991,822 and the adopted General Fund budget provides for $715,547 in certificates of obligation for equipment, for a grand total of $13,707,369. Revisions and re -prioritization of the capital projects budget have been proposed by the Public Works Department. A copy of the most recent revision is attached. It is likely that the listing will be further refined, however the total will remain very close to the original amount. Part of the certificates, $4.67 million, is for street and drainage projects and for purchase of equipment. This $4.67 million will be repaid through the City's ad valorem tax rate. Issuance of these certificates of obligation will not affect the current FY1997-98 tax rate nor will it affect the City Council's ability to maintain the tax rate at its current level in preparing the FY1998-99 budget. Approximately $5.79 million is for projects that are part of the City's Impact Fee Study, and the annual debt service for this portion of the certificates will be repaid through collected impact fees. There is $3.25 million in water and sewer neighborhood projects, which will be repaid through the City's Utility Fund. The remainder, $290,000, will be used for issuance costs as necessary, with any excess remaining after all costs have been paid to be allocated to the projects. The City will apply to Moody's Investors Service and Standard and Poor's for a rating on the certificates. An informal rating presentation will be made via conference call with each of the agencies in May. The City is rated `A+' by Standard and Poor's and 'Al' by Moody's. It is not anticipated that the City will receive a ratings upgrade, since the City was upgraded in February 1997 by both rating agencies. The ratings presentations are more to update the agencies on where the City is financially and the projected developments anticipated in the near future. ^r A/ Curtis E. Hawk April 17, 1998 Ordinance No. 703, 1st Reading page 2 Jim Sabonis of First Southwest Company has prepared a statement of sources and uses of funds and debt service schedule for the certificate sale, a copy of which is attached. The par amount of the certificates is $13.9 million, with the project construction fund funded at $13.7 million. A net interest cost of 5.267 % is used for purposes of illustration; if the City were selling the certificates today, the rate would be approximately 5.05%. Depending on the market conditions for the scheduled May 19, 1998 sale date, a lower interest rate than the 5.267 % could slightly increase the amount of proceeds for projects. This is the first reading of the ordinance to approve issuance of the certificates; the second reading is set for May 19. The City will receive proceeds around June 23. Please place Ordinance No. 703 on the April 21, 1998 agenda for consideration. LAH City of Southlake Certificates of Obligation. Series 1998 Consolidation - Issue Summary SOURCES b USES Dated 05/15/1998 Delivered 06/09/1998 SOURCES OF FUNDS Par Amount of Bonds ............................... $13,910.000.00 Accrued Interest from 05/15/1998 to 06/09/1998.... 49.583.33 TOTAL SOURCES f13.959.583.33 USES OF FUNDS Costs of Issuance.. 126.000.00 Gross Bond Insurance Premium ( 25.0 bp)........... 56.063.94 Deposit to Debt Service Fund... ............. 49.583.33 Deposit to Project Construction Fund .............. 13.711.490.00 Rounding Amount ................................... 16.446.06 TOTAL USES $13.959.583.33 First Soutruestny FiLE - e -a Public Finance 4/16/1998 9:43 PM City of Southlake Certificates of Obligation. Series 1998 Consolidation . Issue Summary DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 9/30/1998 - 9/30/1999 325.000.00 6.000% 919.937.52 1,244,937.52 9/30/2000 540.000.00 6.000% 708.050.00 1.248.050.00 9/30/2001 580,000.00 6.000X 674,450.00 1,254,450.00 9/30/2002 610.000.00 6.000% 638.750.00 1,248,750.00 9/30/2003 650.000.00 6.000% 600.950.00 1.250.950.00 9/30/2004 510,000.00 6.000X 566.150.00 1,076,150.00 9/30/2005 545.000.00 4.800% 537,770.00 1,082,770.00 9/30/2006 565.000.00 4.800% 511,130.00 1.076.130.00 9/30/2007 595.000.00 4.80OX 483.290.00 1.078.290.00 9/30/2008 625.000.00 4.800% 454.010.00 1.079.010.00 9/30/2009 650.000.00 4.900% 423.085.00 1,073,085.00 9/30/2010 695,000.00 5.000X 389.785.00 1.084.785.00 9/30/2011 725,000.00 5.10OX 353.922.50 1.078.922.50 9/30/2012 765.000.00 5.200X 315,545.00 1.080.545.00 9/30/2013 800.000.00 5.25OX 274,655.00 1,074,655.00 9/30/2014 850,000.00 5.300% 231.130.00 1.081.130.00 9/30/2015 890.000.00 5.350% 184,797.50 1.074.797.50 9/30/2016 940.000.00 5.350% 135.845.00 1.075.845.00 9/30/2017 995.000.00 5.400% 83.835.00 1.078.835.00 9/30/2018 1.055.000.00 5.400% 28.485.00 1,083,485.00 TOTAL 13,910,000.00 8.515.572.52 22,425,572.52 YIELD STATISTICS Accrued Interest from 05/15/1998 to 06/09/1998.... Bond Year Dollars ................................. AverageLife ...................................... Average Coupon .................................... Net Interest Cosh (NIC) .................... True Interest Cdst (TIC) .......................... Bond Yield for Arbitrage Purposes ................. All Inclusive Cost (AIC).......................... IRS FORM 8038 Net Interest Cost.. ......................... Weighted Average Maturity ......................... 49,583.33 $161.637.50 11.620 Years 5.2683149X 5.2683149% 5.2636888% 5.3124269X 5.3751151X 5.2678616% 1I.554 Years First SOUthWeStCompany FILE - : - e -a oc Public Finance 4/16/1998 9:43 PM 9W-13 City of Southlake, Texas April 17, 1998 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Resolution No. 98-27, Declaring Expectation to Reimburse Expenditures with Proceeds of Future Debt The City adopted a $12.9 million Capital Projects Budget for Fiscal Year 1997-98 last September as part of the budget process. A number of the capital projects have been initiated and expenditures have been made since October 1 with the anticipation that the City would issue Certificates of Obligation to fund the projects as approved in the budget. The Fiscal Year 1997-98 Budget also approved use of Certificates of Obligation for $715,547 in the General Fund for equipment purchases. For purposes of cash flow, the City has used existing bond funds on hand from the 1997 Series Certificates of Obligation and the General Fund's fund balance to pay for expenditures on the 1998 projects and equipment. Resolution No. 98-27 would allow the City to reimburse these 1997 bond funds and the General Fund with the proceeds of the 1998 Certificates of Obligation. The Resolution language in paragraph 2 states that Treasury Regulation 1.150-2 requires an issuer (the City) to declare its expectation to make such reimbursement. Please place Resolution No. 98-27 on the City Council agenda for consideration. This will allow the City to move forward with issuing the Certificates of Obligation and to meet the legal requirements regarding the City's intent to reimburse expenditures with the proceeds of the obligations. I WN.I Resolution No. 98-27 A RESOLUTION declaring expectation to reimburse expenditures with proceeds of future debt. WHEREAS, the City of Southlake, Texas (the "Issuer") intends to issue debt for (a) the construction of (i) improvements and extensions to water and sewer facilities, (ii) street improvements, including the acquisition of land and rights -of -way therefor and drainage incidental thereto and for traffic signalization, (iii) storm sewer drainage improvements, (b) the purchase of materials, supplies, equipment and machinery (furniture, computer hardware and software, vehicles, communication equipment, mowers, etc.) for city facilities and departments, including the city hall, the public works department, the parks and recreation department and the public safety department (the "Projects") and further intends to make certain capital expenditures for the Projects and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Projects is $14,000,000. PASSED AND ADOPTED this April21, 1998. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: ity Secretary 05M 12 \ J ^ r2, City of Southlake, Texas STAFF REPORT April 17, 1998 CASE NO: ZA 98-006 PROJECT: First Reading_/ Ordinance No. 480-273 Rezoning and Site Plan - Creekside Office .1N STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as being Tracts 2D and 5C situated in the OW. Knight Survey, Abstract No. 899, and being approximately 1.963 acres. A Site Plan for Creekside Office J/V will be considered with this request. LOCATION: South side of East Southlake Boulevard (F.M. 1709) approximately 600' east of the intersection of Byron Nelson Parkway and East Southlake Boulevard (F.M. 1709). OWNER: Westerra Timarron, L.P. APPLICANT: Creekside Office, J.V. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "O-1" Office District AMENDED REQUEST: "S-P-1" Detailed Site Plan District with "0-1" Office District uses LAND USE CATEGORY: Medium Density Residential and 100 Year Flood Plain NO. NOTICES SENT: Nine (9) RESPONSES: Four (4) responses were received within the 200' notification area: • Carolyn Hayes, 807 East Southlake Boulevard, Southlake, Texas, undecided. "Need additional info--i.e., type occupancy, scheduled hours and days of operation. Seems to be a lot of buildings on a `little' land without very much parking area. Lots of trees will go." (Received 2/17/98) • Zena and William Rucker, 650 South Carroll Avenue, Southlake, Texas, in favor of. (Received 3/2/98) • Bill Baker, 711 East Southlake Boulevard, Southlake, Texas, in favor of. (Received 3/2/98) City of Southlake, Texas • Joe Baker, 711 East Southlake Boulevard, Southlake, Texas, in favor of. See attached letter. (Received 4/9/98) P&Z ACTION: February 19, 1998; Approved (6-0) applicant's request to table and to continue the Public Hearing to the March 5, 1998, Planning and Zoning Commission meeting. March 5, 1998; Approved (5-0-1) applicant's request to table to the April 9, 1998, Planning and Zoning Commission meeting. April 9, 1998; Approved (4-1-1) subject to Site Plan Review Summary No. 3, dated April 3, 1998, as shown with the following exceptions: • requiring the applicant to provide a detailed landscape plan for consideration at the next City Council meeting; • requiring the applicant to move the dumpster out of view from F.M. 1709, and • deleting Items #1, 2a, and 3 through 6 with the waiver of Items # 1 c and #3 being contingent upon the submittal of a detailed landscape plan for consideration at the next City Council meeting and leaving in the last sentence of Item # 1 b which states, "The proposed dumpster must be relocated outside this bufferyard." STAFF COMMENTS: The applicant has met all requirements listed in Site Plan Review Summary No. 1, dated February 13, 1998, and Site Plan Review Summary No. 2, dated February 27, 1998, with the exception of those items listed in Site Plan Review Summary No. 3, dated April 3, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-006ZS.WPD ffc, 1'�, CREEKSIDE OFFICE JOINT VENTURE (4b., 930 PARKVIEW LANE SOUTHLAKE, TEXAS 76092 (817)329-4599 FAX(817)488-2420 February 16, 1998 Dennis Killough City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: City Case # ZA98-006 Dear Dennis: We would like to request a change of zoning for this case from "Ol" to "SP1 with 01 Uses" on our Zoning Change Application. Thank you for your assistance in this matter. Should you have any questions please call (W me at 3294599. f Since ly, erry L. Wilkinson RECD F E B 171998 April 06, 1998 City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: ZA 98-006 2620 Southlake Blvd. To Whom It May Concern: We own the property adjacent to the west side of the above referenced property located on Southlake Blvd. Our current zoning is "SF -IA" Residential and our intention is to eventually move and then develop this tract for Office usage, which would be consistent with the above requested zoning change. Sincerely, Joe Neal Baker 711 E. Southlake Blvd. Southlake, Texas 76092 8c-4 flfC'D APR 0 91998 ON Ifol, 4vy, 'C FOE CMW EAST • m m m m rc 'AR"( TRACT MAP jco ary HA - _ = 'SOUTHLAKE-FOXB OROUGH LTD 12A _ RVEY0-1 19SF-20A TR.3E1 STATE OF TEXAS TR.3F1 TR.3 20� © - B L�� - - - -- -- -- - -- --212C -- � STATE OF TEXAS -- -`- TR 382 TR 3A2A TR 3AlA TR 3C1 .063 R .053 ® .058 ® • 1 19 ® T R 33 42 .707 aC 2 _ C D n -< A m 29 � cn TR 3C CE 2.132 AC 6 82 AC DIL 182A 0.5 vC '.05 is iB3 .99 110 32 AC pLA ,C2 5.109 AC rm JOE BAKER "SF-1 All 2A 4.723 AC 2C JAMES BAKER CARROLL ISD TR 2E 6.967 "R-PUD" TR 3A TR 3A1 ' } 2.96 AC 3.082 "AG„ I „AG„ 7fBRISCOEETR 3D2 4.2 AC i I "AG,' i is I f ADJACENT OWNERS T AND ZONING ") gc - TR 3 2.773 4. City of Southlake, Texas Case No.: ZA 98-006 Review No: Three Date of Review: 04/03/98 APPLICANT:Project Name: Site Plan for "S-P-1 " Rezoning with "0-1 " uses - Creekside Office. Proposed Lot 9 O.W. Knieht No. 899 Addition OfficeCreekside Southlake-IX 76092 So 1ake. Mi 76092 Fax • • • ill = Wilkinson (817)251-3205 Attn:1 Blake CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03aO 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 EDWARD MCROY AT (817) 481-5581, EXT. 880. 1. The following changes are needed with regard to interior landscape area and bufferyards: a. Seventy five percent (75%) of the required interior landscaping must be provided at the front and sides of all buildings on the site. Most of the landscaping area is provided at the back of the buildings. b. The required 10' type F-1 east bufferyard must be provided. The proposed drive inhibits the planting of the required plant material. The proposed dumpster must be relocated outside this bufferyard. The West bufferyard is labeled correctly but the length of the bufferyard and the amount of plant materials provided is incorrect. d. A 5' - Type A bufferyard is required along the south property line. Move the shown bufferyard to the south property line. e. Correct the bufferyard and interior calculation chart. The required bufferyards, interior landscape area and plantings are as shown on the attached chart. P&Z recommendation to allow bufferyards and landscaping as shown (Items la, 1 b, 14 & le) and to allow the west bufferyard as shown (Item 1c) contingent upon the submittal of a detailed landscape plan for consideration at the next City Council meeting. On Item 1 d, recommendation to move the shown dumpster outside of the bufferyard area and preferably out of sight from F.M. 1709 2. The following changes are needed with regard to driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a. Provide the minimum driveway spacing along F.M. 1709. The minimum required distance for a full access driveway is 500'. This minimum spacing may be reduced to 250' for a right-in/right out driveway. The provided spacing from the off -site driveway to the east is WC-1 City of Southlake, Texas noted to be approximately 182' and the spacing from the off -site driveway to the west is noted to be approximately 305'. P&Z recommendation to allow common drive as shown b. Provide a Common Access Easement for any required driveway or driveway access that is off -site. C. Label the curb radius at the drive entrance along F.M. 1709 3. Show the location, type, and height of all walls, fences, and screening devices. Provide screening as required by Ord. 480, Section 39. Minimum 8' high screening is required along the west, and east property lines. P&Z recommendation to not require screening contingent on the submittal of a detailed landscape plan for consideration at the next City Council Meeting. 4. Provide sufficient parking as required by Ordinance 480 Sec. 35.6 - b.- (6). A total of 59 spaces are required for general office. The applicant should be aware that if a more intensive use (such as medical/dental) is placed within the facility that the required parking will increase. In Addition, change the number of parking spaces listed along the north side of Building A to 1111". P&Z recommendation to allow parking as shown 5. The following changes are needed with regard to building setbacks: a. The proposed rear building (Bldg. B) must be setback such that it does not encroach above a 4:1 slope line extending from the east and west property lines per Corridor Overlay Regulations. The proposed Building B is setback at approximately 15' from the west property which does not meet the sloped setback of the Corridor regulation or the 25' setback required by the "0-1" district regulations. Building B is setback approximately 39.25' from the east property line which does not meet the slope setback requirement. b. The proposed front building (Bldg. A) must be setback a minimum of 40' from the east and west property lines per Corridor Overlay Zone Regulations. It is setback approximately 15' from the west property line and 17' from the east property. The setback shown from the west property does not meet the "0-1" district minimum setback of 25'. P&Z recommendation to allow building setbacks as shown 6. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.l.c. on all facades. Compliance with the articulation requirements are as shown on the attached articulation evaluation chart. P&Z recommendation to allow articulation as shown. 7. In the Site Data Summary Chart, recalculate the "Site Coverage" area to include only the building footprints. The Site Coverage should be approximately 14%. 8. Show, label, and dimension all easements on or adjacent to the site. Specifically, show and label the 7.5' U.E along the east line of Lot 2-B, Dilg Place. Show and label a 5' U.E. along the west line of this site. Show and label a 10' U.E. along F.M. 1709. Show and label a 5' U.E. along the b C "6 City of Southlake, Texas south line of this site. Along the east line a 15' U.E. is shown while the proposed Plat for this site depicts a 5' U.E. 9. In the "Requested Variances" chart remove the references to specific review comment numbers. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 04/13/98. If not received by that time, no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 1111x 17" revised reduction must be provided. * 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, Impact Fees, and related Permit Fees. * All mechanical units must be screened of view from adjacent R.O.W.'s and residential properties. * A Common Access Easement from the adjacent property owner(s) on the east 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. Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking and fire lane requirements are met. * Denotes Informational Comment att: Bufferyard and Interior Landscape Calculation Chart, Articulation Evaluation Chart cc: Creekside Office J.V. Blake Architects Steve Yetts Westerra Timarron L.P. FAX (817) 424-9740 L.\COMDEV\WP-FILES\REVU8\98006SP3. WPD c -9 Articulation Evaluation No3 Case No. ZA 98-006 Date of Evaluation:03/31 /98 Elevations for Creekside Office JN C ceived: 03/20/98 dg. A Front - facing: North Wall ht. = 15 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 45 27 40% Yes 45 31 -31% Yes Min. artic. offset 2 2 0% Yes 2 5 150% Yes Min. artic. length 5 7 40% Yes 7 21 200% Yes Rear - facing South Wall ht. = 15 Horizontal articulation Vertical articulation Reauired Provided Delta Okay? Required Provided Delta Okay? Max. wall length 45 44 -2% Yes Min. artic. offset 2 12 500% Yes 2 3 50% Yes Min. artic. length 5 15 200% Yes 5 14 180% Yes Right - facing: West Wall ht. = 15 Horizontal articulation Vertical articulation Reauired Provided Delta Okay? Required Provided Delta Okay? Max. wall length 45 29 -36% Yes Min. antic. offset 2 15 650% Yes 2 3 50% Yes Min. antic. length 6 16 167% Yes 7 12 71% Yes Lett - facing: East Wall ht. = 15 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 45 31 -31% Yes 45 32 -290/a Yes W►artic. offset 2 2 0% Yes 5 5 0% Yes ' . artic. length 4 14 250% Yes 8 28 250% Yes Bldg. B Front - facing: North Wall ht. = 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 66 19 -71 % Yes 66 20 -70% Yes Min. artic. offset 3 3 0% Yes 3 3 0% Yes Min. artic. length 2 6 200% Yes 2 6 200% Yes Rear - facing South Wall ht. = 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 66 42 -36% Yes 66 25 -62% Yes Min. antic. offset 3 29 867% Yes 3 5 67% Yes Min. artic. length 4 6 50% Yes 6 6 0% Yes Right - facing: West Wall ht. = 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 66 33 -50% Yes 66 21 -68% Yes Min. antic. offset 3 6 100% Yes 3 4 33% Yes Min. artic. length 9 27 200% Yes 4 5 25% Yes Left - facing: East Wall ht. = 22 Horizontal articulation Vertical articulation (�Iax. Required Provided Delta Okay? Required Provided Delta Okay? wall length 66 32 -52% Yes 66 17 -74% Yes Min. antic. offset 3 4 33% Yes 3 5 67% Yes Min. artic. length 5 30 500% Yes 2 7 250% Yes ye, - / o [�J [4 I .U. e. •MEMIMr Southlake Boulevard ( I M. I6,4hwpy 1709 Oka rem 3 "N ,t _ s o 14 I O €3s0 z° E3 Sybl) rl QI••zl � O R I- ♦ Z r,16172 - -- ��. `.. •udvaa 1`l • RIS,j i b r 4 \ •..11si.ln t'l. • fence r , Al 611 .. ` Ftr.0 '� ro.T f•,�. r,ln r. I•.• t..n•,•i + .f R15 J6N S• 2 f RIG1� I c.,B+eu Ise Ili.. flee : A16.61, _ 1�'• m+ESEM 70,Y.:=OUO/utMT-nl 1 RcJlw1 fl..cn,l 1 a I.U.O.=PUBIC % SEW PUBLIC Yc - i:a ■ 'I NMI No NO�; e= ' No Am �1 ■o O■ ■o ... ■o - ■ o ■o ■■o ■� ■m ■Nell := NINE 1. ■omile '._'.. ■ ;sari ■ N■■■it i 'milli NINE ■ 1's, I■..■) os _ well soon rmt ON ■m mm :: 0 w. SON ■. ■ mm ■m VIJ��nn n 1998 fC- fy 14 N,.. SA, I IA INN: 8661 Q Z 8VW 03H Soulhk2ke Boulevard I . M. 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ITirn E1ev :.�4s.I�8r`bery ( eeeed ebs d ) Top of Oonk ( Tomb wit• ) 0C - rS CITY OF SOUTHLAKE, TEXAS (W ORDINANCE NO. 480-273 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY 2.963 ACRES SITUATED °IN THO y KNIGHT SURVEY, ABSTRACT NO. '899, BEING TR-A AND 5C; .-AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG". AGRI � AL DISTRICT TO "O 1! OFFICE DISTRICT, SUBJECT TO THE _:�. SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "ATVcuitural Distoct 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 GAORMONING4t80.145 V C Page 1 these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City 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 GAORWONING\480.I45 Page 2 altered, changed and amended as shown and described below: Being a 1.963 acre tract of land situated in the O.W. Knight Survey, Abstract No. 899, being Tract 2D and C3, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "0-1" Office Distract as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B" . Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that Ce a violation is permitted to exist shall constitute a separate offense. GA0RD\Z0NING\480.I45 O ( i (a Page 3 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 thq City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR ATTEST: (W CITY SECRETARY G:\0RD\Z0 NING\480.145 �/ /Q Page 4 d ' 7 0 ON APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: /:1l pie) 9 EFFECTIVE: G:\0RD\Z0NING\480.145 X �� Page 5 V (W EXHIBIT "A" IM BEGINNING at a 1I2" iron pin set with cap marked, "AREA SURVEYING' for the southwest comer of said State of Texas tract, said pin lying in the westerly line of said Bear Creek Communities, Inc. tract and in the northeasterly line of Lot 2-13, Block 1, DILG PLACE, an Addition to the City of Southlake, according to the plat recorded in Volume 388-174, Page 30, Plat Records, Tartant County, Texas; THENCE North 87 degrees 49 minutes 58 seconds East a distance of 206.48 feet along the south line of Southlake Boulevard (F. M. Highway 1709) to a 1/2" iron pin set with cap marked, "AREA SURVEYING' in the east line of said Bear Creek Communities, Inc. tract for the southeast comer of said State of Texas tract: THENCE South 00 degrees 16 minutes 41 seconds East a distance of 1,072.37 feet to a 1I2" iron pin found with cap marked, "D.E. C. DALLAS'; for the southeast comer of said Bear Creek Communities, Inc. tract; THENCE North 89 degrees 57 minutes 17 seconds West a distance of 39.12 feet to a fence post for the most southerly southwest comer of said Bear Creek Communities, Inc. tract and for the southeast corner of Lot 2-C, of said Block 1, Dilg Place; ..... . THENCE North 00 degrees 24 minutes 50 seconds West a distance of 558.08 feet to a 1I2" iron pin found for an angle point in the west line of said Bear Creek Communities, Inc. tract for the northeast comer of said Lot 2-C, and for the southeast comer of Lot 2- B, in said Block 1; THENCE North 18 degrees 23 minutes 30 seconds West a distance of 533.72 feet along the northeasterly line of said Lot 2-8, to the POINT OF BEGINNING, said described tract containing 1.963 acres of land. G: \ORMZONING\480. I45 Page 6 C IR 11 EXHIBIT "B" JMW w3S / xnna• °n't ( PasoO Pal108 ) la-oevtlane-Dnwot :H367aa 09919 —13 —S ast t,oaa.J \ 1 919 1 Punoj u.d119ri9: 919 9 rt9 L"rt9 �19 6 919 Ikk------ �. t9 r 919 ' 0; (a,.. q,oq) Lf awayY 119b wtw Id aP!slno r l9 r •\ i • i : 119 L L19 ld ap!slno ' a L19 i RRt 9 19• Z ' EG o N A N 919 O • ,919 Id aP!syno z 1 Sl9 • Pll� _ 19 • O 6 t9 19 t9 t '919 19 u R Y 9 . Ilia I5]1 'itif.?gt =2• CiA klt, H Ga9 nVen�jr ? O yAyA�Z 0 11 L Ql la TT` i I Sao ^ yC.0 f't n, -0 f En c .�� 3 r o�o� 03 to C a R' N yt E Rt � 3 qAl\� 4$� 3" 819 IR " 3H v h t± a .. r� mow .f•+o,». .c 'n ton, ID I � yi o D z 1 I t t lil 1 • •.)� Y r:9 _ Ln 8 "dAl l / _'� 00 f� 9 19 Gt9 06;9 � H t► z 9t9 die 1�' V `•1 v'. ..sr ...... o y - x f D t pros• l u I � MAR z u 1998`' gg s . _cv a 9i •_ "M �L N .Q-.'F .. "Ou 11040" , yaw ai z D Ino e eiol4}nos u a tt7 R X �g ' 'all HWH ta�pao 0`Nwa nt 1 Jtt Hcalle(.8)Of ']9vlHInGS City of Southlake, Texas STAFF REPORT April 17, 1998 CASE NO: ZA 98-023 PROJECT: Plat Showing / Lots 10 and 11, O.W. Knight No. 899 Addition STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Showing of Lots 10 and 11, O. W. Knight No. 899 Addition, on property legally described as being approximately 4.231 acres situated in the O. W. Knight Survey, Abstract No. 899, and being Tracts 2A6 and 2A8 and a portion of Pine Court East. LOCATION: East side of Pine Drive approximately 75' south of the intersection of Pine Court and Pine Drive. OWNER/APPLICANT: Carolyn Ponder CURRENT ZONING: "SF -IA" Single Family Residential District LAND USE CATEGORY: Low Density Residential and Medium Density Residential NO. NOTICES SENT: Nine (9) RESPONSES: Two (2) responses were received within the 200' notification area: • Philip Goetz and Karen Walker, 225 Pine Drive, Southlake, Texas, opposed. See attached letter. "If this plat is granted, the Commission would be hard pressed to deny similar requests, which would, in effect, create a row of houses behind the homes that currently exist along Pine Drive." (Received 4/9/98) • Perry D. West and B. Cottle -West, 289 Pine Drive, Southlake, Texas, opposed. See attached letter. The listed concerns include proximity, safety and drainage issues. (Received 4/9/98) P&Z ACTION: April 9, 1998; Approved (6-0) subject to Plat Review Summary No. 1, dated April 3, 1998, deleting Item #8c (100' lot width). STAFF COMMENTS: The applicant has met all requirements of Plat Review Summary No. 1, dated April 3, 1998, with the exception of those listed in the attached Plat Review Summary No. 2, dated April 14, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-023PS.WPD 0- ( 225 Pine Drive QW, Southlake, TX 76092 April 8, 1998 Ciy of Southlake Planning & Zoning Commission 667 North Carroll Avenue Southlake, TX 76092 Reference No.: ZA 98-023 We are opposed to this application for several reasons. First, it appears that this plat will require a variance to the requirement for 100 feet of street frontage for each residential unit. While this requirement is not always the most convenient for individuals to adhere to, it's a feature of Southlake that enables the community to retain some degree of rural character, adjacent to areas that are more heavily urbanized. Second, this plat would set precedent in an area of Southlake that has not yet been subjected to the situation of one house being built behind another. If it is granted, I believe that we could expect to see a series of additional applications from individuals who own property along Pine Drive, requesting similar variances. If this plat is granted, the Commission would be hard pressed to deny similar (410, requests, which would, in effect, create a row of houses behind the homes that currently exist along Pine Drive. third, if the plat is granted, one of the houses that will be likely constructed on one of the newly -created lots will have a very clear view into the master bedroom window of our house. We respectfully request that you deny this request. Very truly yours, 4 Phi]vi J. Goetz and K. . Walker 'REC'D APR 0 91998 00�2 2S9 South Pine Drive Southlake, TX. 76092 April 9, 1998 City of Southlake Planning and Zoning Commission 667 North Carroll Avenue Southlake, TX 76092 Reference No: ZA 98-023 We are opposed to this application for the following reasons: 1. PROXIMITY: We believe the construction of houses in such close proximity will set a precedent for high density houses. While the acreage requirements are technically met, only a small percentage of the proposed lot acreage is suitable for building, this will cause the house to be built directly behind ours on lot 10. Because of the way our existing homestead structures are situated, we feel it would look awkward and create a `clustered' carriage house effect. 2. SAFETY: We believe there will not be adequate access for emergency vehicles, thus creating a safety issue. Previously, the city has required a street with curbs and gutters and a cul-de-sac large enough for a fire truck to turn around. Our house, being one of the oldest original homesteads in Southlake, has a certain amount of historical value and because of it's age, the house, dairy, and barn are constructed of wood. This is a major concern for us as we recall the tragic fires a few years ago that came within a few hundred feet from our property. 3. DRAINAGE: Because a majority of the acreage is a natural drainage, most of the land is unsuitable for construction. A massive build up of soil would be required before houses can be built, thus possibly create a drainage problem for existing structures. We ask that this request be denied Very Truly Yours, Pe )West and B. Cottle -West �' REGD APR 0 9 1998 �� '3 2 668 = 59 o s� u I ue t ,w ao to TR 2A2 TR Z4I 1.19 AC ' A I 7R =A1 T R 2r.1. 2.393 AC lU v .. TR 2A 13 YTR 2AtA IY .97AC 972AC3 m ,. TR .: R L. 4.23 AC G. NIEMIROWSKI j _.23 AC) (1.0C .AC) 1 R j�1 \`� k I 2R1 13 ?" �14 ,D n n ^ Y l z SF-1 A -; P. GOETZ_ s Z �LAYTON CT `0 1: f- Lr_ f \ I ^ w .... in Q ✓ �Scj'>> 2� ESTER MARRO Q 9 Y � c , -�' ► 12 00Be H. KOVARNIK 10 : w 32 E-.: s 7 "SF-1 " P. WEST 3 a - 'R `A - "R-PUD 'AG' � 9 NC TER A R. HEYNE Eb I ,1• f0 37 MI 00 I • I O "S F-1 A" t R` R. HEYNE y- ,Sg ' [jA \�^ E. STEVENS 1 ! $ TR 29 - A TR 23 4.0 AC 00 S � ) 4.8415 C AG I S. TALLEY r I r r- "AG n r 1� "SF-1 A" z i o �. a, cn z LILAC O o I � 2C3A i 28 =� 27 - I Y_ I ,. •45 I I ?- .. AC i 'A I 27 it25 2R2 I j - 26 - 2R3 - I • .30179 t ix I 26 ADJACENT OWNERS 25 R� JACKSON' SQ r C kPEL CTZ� I i TR x.�.a t I A `� 2C R 22 423 .o A; t1 AND ZONING Ll U� 24 0 r 21 �P 20 City of Southlake, Texas Case No: ZA 98-023 Review No: IwQ Date of Review: 04/14/98 Project Name: Plat Showing, Lot 10 and 11. O.W. Knight-. being 4.231 acres out of the O.W. Knight Survey. Abstract No. :.. SURVEYOR: 1 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/13/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT LISA SUDBURY AT (817) 481-5581, EXT. 862. 1. Provide the deed record volume and page for the current owner in the preamble. 2. Show and label existing drainage and utility easements adjacent to proposed Lot 11 on the north boundary of Sun Square Addition. The easements shown are incorrect. 3. The following changes are needed regarding easements: a. Label the private drive as "Common Access Easement'. The common access easement must be centered on driveways and a minimum of 2' wider than the approved driveway width. b. Label the proposed utility easement along the northwest boundary of the lot. C. Provide easements for water, sewer, and/or drainage as may be required by Public Works. Easements should be dimensioned to property comers and include bearings and any curve data (chart form is acceptable). 4. The following changes are needed regarding the proposed lotting: a. Provide minimum finish floor elevations as may be required by Public Works. b. Provide the minimum 100' lot width measured at the required minimum 40' front building line. The configuration shown does not meet the lot width requirement. (P & Z Action 419198: Delete 100' lot width requirement.) C. Dimension all property comers to the centerline of the apparent existing right-of-way and to the opposite side of the right-of-way. L:\COMSV\MP-PIL=\VXV\98\98023PS2.W= yD - 6 Page 1 " City of Southlake, Texas 5. Label deed records of Quit Claims along the abandoned Pine Court East. 6. Change Pine Street to Pine Drive in the 9th paragraph of the owner's certificate/legal description. P&ZACTION.• April 9, 1998; Approved (6-0) subject to Plat Review Summary No. 1, dated April 3, 1998, amended as noted above. A "Certificate of Taxes Paid" from each taxing authority must be provided to the City prior to filing this plat in the County records. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * Denotes Informational Comment cc: Carolyn Ponder: 4101 Buckingham Pl., Colleyville, TX 76034 Area Surveying, Inc: VIA FAX ABOVE L:\COMMWP-ML6 IUM98\98023PS2.MM ��' 7 Page 2 3 W W N W ) H I A 3.6c.il A6 Nlot r� I ; = 19.6s. ZOAON a -' 15 'E 2 j r �N a�ltl ll j f k I P — v Go C7 cn Cl- ION City of Southlake, Texas MEMORANDUM April 15, 1998 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Award of Bid(s) for Bicentennial Park - Phase II SPDC is considering this request Monday, April 20 and it is on the Tuesday, April 21 City Council agenda for City Council to consider SPDC's action. On March 12, bids were opened for Bicentennial Park, Phase II bid package #1 (grading and utilities) and Bid Package #2 (recreation facilities construction). MESA Design Group estimated the cost of Bid #1 to be $367,665 and Bid #2 to be $677,025. These budget numbers do not include alternates. When considering alternate #2 for (2) basketball courts, you need to add $80,937 to the budget. SPDC had budgeted these exact estimates. Ten (10) qualified companies submitted bids. The bids have been reviewed and references checked (bid tabulation attached). All bids were over budget but within range of each other; therefore, staff believes we have true cost bids. Unfortunately, MESA wrote the specifications so that if bid packages #1 and #2 were received together in one envelope; the bid would be considered together, but if a single bid package was received in a separate envelope, it could be considered alone. Seven bids were received with bid packages #1 and #2 in a single envelope. Three bids were received for bid package #1 only. One bid was received for bid package #2 only. The Park Development Review Staff Committee of Ron Harper, Chris Carpenter, Shana Yelverton, Lou Ann Heath, Ben Henry and myself met to outline options for SPDC to consider. Option One: Award bid package #1 to the low bidder Pittman Construction for $590,646 without alternate #1 and award a change order to James Arnold Construction to haul the fill material needed from Bob Jones Park to Bicentennial Park. Total Cost: $678,771; $311,106 over budget. (*Note: estimate by J. Arnold Construction does not separate out excavation costs directly attributable to Bob Jones Park. Presumably the cost for dirt hauling $88,125 could be charged to either Bob Jones Park or Bicentennial Park.) Option Two: Award bid packages #1 and #2 as a combined package to the low bidder Inform Construction with alternatives #1 (hauling dirt from Bob Jones), #2 (two basketball courts), and #6 (deduct PVC coating on tennis court fencing). Total cost $1,399,147; $273,520 over I0A —� City of Southlake, Texas budget. (*Note: The MESA estimate of $80,937 for (2) basketball courts has been added to the budget estimates.) Option Three: Award bid packages #1 and #2 to the low bidder Inform Construction with alternatives #1 (hauling dirt from Bob Jones), #2 (two basketball courts), #5 (four additional unlighted tennis courts) and #6 (deduct PVC coating on tennis court fencing). Total cost $1,537,147; $411,520 over budget. (*Note: The MESA estimate of $80,937 for (2) basketball courts has been added to the budget estimates.) Option Four: Reject all bids and bid again with all three bid packages combined and/or redefine the scope of the project. Contributing factors to the bids being overbudget are partially determined to be the cement shortage affecting all projects and the extensive drainage system as designed and bid-41 The down side with options two and three is that within bid package #2, the tennis complex is only partly built (8 courts instead of 13) and the concrete hike and bike trail (that would replace the asphalt trail) around the park is not included. To complete the tennis complex, SPDC will need to fund and re -bid the construction of the center court and light the additional courts included with alternate #5. If you have any questions please contact me at 481-5581, extension 757 or Ben Henry at extension 824. KL Attached: Bid Tabulations IDA- Z- OR 8 $ 8 8 8 S o $ g 8 0 •Y+ H H f�`I N H M N O N N H N b � C U � � O M 2 Y $ $ $ $ g $ S o g $ $ $ 00 ^O O if V1 ��pp Ol U W X u.o > N W 8 40 Ci C n V po M y y C- y O t.rr) N N - 3 � $ $ g $ 8 S $ g$ $ $ h g c g O o g a o o $ 10 •� 'uj it H H _ .`O 't .O of 1� � o in w o~o a N le elt p y H N v H .1 0 8 „ os i O n a00 e�Oo H H H H H y CD 8 0 Q10 O $ 8 8 $ 8 C � $ p p v1 N Q pp O O � h 1] Y UO m o '^ S r W a k Op 10 10 ° G m�— Y, 0 m P p 0pp m y v rJ�o I oA -3 8 m L $ 8 8 g s r N O n d n 0 N 8g O 8$ O ppg O Q$ yap r9 8 8 8 $ g^ 88 8 8 g$ 8 8 • .Q•. b R h Q p O OGo 9 N H N N N b N 00 O r x on � v g 3 3 g S � x i a r- j a jj U U OSO AC OGa� of U 3 u .. FiaNc as N N N N N N N N City of Southlake, Texas MEMORANDUM April 15, 1998 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Approval of Change Order #1 to the contract with James Arnold Construction for grading work at Bob Jones Park SPDC is considering this request Monday, April 20 and it is on the Tuesday, April 21 City Council agenda for City Council to consider SPDC's action. James Arnold's grading contract for Bob Jones Park included a rope barrier and four foot shelf under the lake. Staff raised concerns about the safety of the rope barrier and shelf under water on a lake that is for recreational fishing. Cheatham and Associates shot existing grades of the lake as built. Upon review of the issues Cheatham and Associates agreed that the rope and shelf should be removed but that the slope of the lake should be graded to an 8:1 slope. The net decrease result of that change in plans was $19,800. SPDC also requested that James Arnold continue grading to include two of the four ballfields for practice which would be located south of the existing soccer fields. , , The City Attorney has said that SPDC could consider a change order not to exceed 25 % of the original contract to transport dirt from Bob Jones Park to Bicentennial Park. The dirt transporting option is estimated at $88,125 and be 23.8 % of the original contract. If SPDC decided to grade the ballfields and haul the dirt the cost can not exceed 25 % of the original contract. Change order #1 option one: Includes grading the lake and ballfields only. Change order #1 option two: Includes grading the lake and ballfields and hauling dirt from Bob Jones Park to Bicentennial Park. Depending on what action SPDC determines to take on the Bicentennial Park bids will determine which of these two change order options SPDC should select. Cost of the two change orders will be presented to SPDC Monday evening. If you have any questions please contact me at 481-5581, extension 757 or Ben Henry at extension 824. City of Southlake, Texas MEMORANDUM February 3, 1998 To: Shana Yelverton, Assistant City Manager From: Billy Campbell, Director of Public Safety Subject: Uniform Crime Report The 1997 Crime Statistics are available for dissemination. It is important that the City Council and other concerned individuals understand how these figures are derived and their meaning when referencing actual crime indicators of the City of Southlake. We have put together a short program to present those numbers and explain their relationship as crime indicators in our community and the surrounding area. We have presented this program to the Crime Control and Prevention District Board and would like to take a few moments to present these numbers to the City Council. Copies of the presentation will be available Tuesday night. Please advise if I can be of further assistance. BC/jk 11A