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1998-05-05 CC Packet
City of Southlake, Texas MEMORANDUM I May 1, 1998 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting May 5, 1998 paving improvements to Burney Lane from the cul-de-sac to approximately 1250 feet along Burney- Lane. The design and engineering for the proposed reconstruction of this portion of Burney Lane is complete. Bids have been received for the reconstruction, and the low bidder was $64,523. The cost estimated for this project in the CIP budget was $56,000. The estimated cost was calculated last year and does not reflect the increases in construction costs since that time. It is anticipated that the additional $8,500 will be i absorbed in the CIP budget through savings on other projects. Please contact Public Works Director Bob Whitehead if you have questions regarding this item. with Cheatham and Associates for the design of water system improvements consisting of a 12-inch water line extending along Dove Street, from White Chanel Boulevard to North Carroll Avenue. The memo from Director of Public Works Bob Whitehead describes this project, which is included in the City's capital improvements program and delineated on the master plan for Southlake's water system. We need to move forward with design so that we can identify and begin to acquire the necessary easements. i Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 1, 1998 Page 2 As pointed out in the memo from Bob Whitehead, the engineering services agreement will be in the amount of $39,575. Funds for this project are in the current CIP budget. Questions about this item should be directed to Director Whitehead. 3. Agenda Item No. 5C. Authorize the Mayor to enter into a professional services agreement with Dunaway Associates. Inc.. for the design of a sanitary sewer line in Southlake Estates (Love Henry Court). As part of the FY 97-98 CIP Budget, Southlake Estates is scheduled to receive street improvements consisting of the reconstruction of Love Henry Court. As discussed with City Council, the neighborhood has been identified as one needing sewer as soon as possible due to the physical characteristics. To avoid disturbing the new pavement it has been proposed that sanitary sewer be installed in the subdivision prior to street improvements. This item would authorize expending $13,500 for the engineering and design of the proposed sanitary sewer. Funding for this project was included in the FY97-98 budget. Please contact Bob Whitehead if you have questions regarding this item. 4. Agenda Item No. 5D. Resolution No. 98-33. Approving the execution of the grant agreement with the Texas Department of Transportation for the Cottonbelt Multi -Use Trail Project. This is yet another step in the process for securing TxDOT funds for the construction of this trail through the congestion mitigation/air quality program. This resolution will authorize the Mayor to enter into the agreement with the state for the construction of the trail. As a reminder, the total cost of our portion of the trail is $240,000 and our local share of this project is $48,000. The grant funds the remainder. Please direct questions about the project to Park Planning and Construction Superintendent Ben Henry. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 1, 1998 Page 3 5. Agenda Item No. 5E. Resolution No. 98-32. establishing boundau ada justments between the City of Grapevine and City of Southlake. Recall that on March 3, 1998 you approved Resolution No. 98-18 which released the right-of-way of the railroad tracks along SH 26 from our ETJ to Grapevine, save and except the crossings at Brumlow and new Kimball. The February 27, 1998 cover memo from Betsy Elam, City Attorney, set out the timetable for our annexation of the crossings. Subsequent to that time, the staff and attorneys for both cities realized that it would be easier to simply agree to a boundary adjustment agreement as provided for in the Local Government Code given the narrow width of the area. On April 7 the City of Grapevine approved the boundary adjustment (C.O.G. Res. 98-25). As pointed out in the memo from Public Works Administrative Assistant Chuck Ewings, this item (C.O.S. Resolution No. 98-32) will give Southlake's approval to this mutual boundary adjustment. If you have any questions regarding this item, please call me. 6. Agenda Item No. 7A. Ordinance No. 480-273. 2nd Reading. (ZA 98-006). Rezoning and Site Plan for Creekside Office J.V. The applicant has revised the submittal to reduce the number of requested variances. The variances remaining are noted in the Site Plan Review Summary. The major changes in this plan are as follows: - Reduced size of north building (Bldg. `A') from 7593 sq. ft. to 5998 sq. ft. - Relocated east drive off of property line and provided the required bufferyard - Provided the required landscape area at the front and sides of the buildings - Complied with building articulation requirements This item was approved by P&Z (4-1-1) and on first reading by City Council (6-0) subject to the Site Plan Review summary No. 3, granting no variances. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 1, 1998 Page 4 Contact Dennis Killough, Senior Current Planner, should you have any questions regarding this application. T cross -connection policy. Council approved this item on first reading on the Consent Agenda at the April 21, 1998 meeting. As we have discussed, this delegates the authority to hear the appeals of customers whose service has been terminated to the Building Board of Appeals. There are no other changes in the ordinance as initially passed (No. 622) and amended (No. 622-A). Questions about this item should be directed to Bob Whitehead. 8. Agenda Item No. 7C. ZA 98-028, Concept Plan for Florence Elementary School. Note that this is one of the few instances where there is a Concept Plan required on a property not affected by the Corridor Study. The reason for this is that a Concept Plan is required for properties with "CS" zoning. Note, however, that since this property is already zoned this is a one-time hearing; that is, it will not come back to City Council for a second reading as it would if it were an ordinance. The school is adding a 5,550 s.f. library, driveway/fire lane and parking area and did not have an approved Concept Plan for these additions. The Planning and Zoning Commission recommended approval 6-0 waiving the south bufferyard and recommending KISD staff work with parks staff with regard to additional plantings and sidewalk locations. Contact Dennis Killough should you have any questions on this application. R Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 1, 1998 Page 5 � Q� Ike 1! • / Q �i 1 �1 • • i i • i r ••�• Phase I. There are no unresolved issues concerning this request. The Planning and Zoning Commission recommended approval 6-0 granting relief to the 4:1 slope setback requirement, the driveway spacing along SH 114, and the prohibition to accessing the local street to the east. The applicant made a commitment to the Commission to meet the building articulation requirements along the rear of the building. Although the new plan still does not meet the requirements, the changes that were made further minimized the non-compliance in comparison to the previous plan. As with the above item, this is a one-time public hearing required by the Corridor Overlay provisions. The zoning in place is C-2. Contact Dennis Killough should you have any questions on this application. 10. Agenda Item No. 7E. Resolution No. 98-30. (ZA 98-027).Specific Use Permit for Explorer Pipeline. There are no unresolved issues concerning this request. The purpose of this SUP is to allow Explorer to add a small building, not to exceed 168 sq. ft. , that will be used for testing their product prior to leaving the facility. There are some letters of opposition included in the packet but they were mainly due to the misperception that Explorer was going to be adding additional petroleum tanks to their site. At the P&Z meeting, those in attendance seemed to be comfortable with the actual extent of this application. The Planning and Zoning Commission recommended approval 6-0 deferring some screening to the west until construction was proposed in that area, and deleting requirements for sidewalks and bufferyards. ; Contact Dennis Killough or Zoning Q, Administrator Karen Gandy should you have any questions regarding this application. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 1, 1998 Page 6 reating a Senior Advisory Commission. to increase membership from six to seven, modify aualifications and provide for other miscellaneous wording chanizes. The materials in your packet show the proposed changes to the ordinance, recommended by the Senior Advisory Commission. Note that Nona Whitehead has prepared a comparison between the original ordinance and the new, highlighting the changes so that you can easily identify them. The proposed ordinance is coming to you with a formal recommendation from the Commission, however, there was disagreement on the issue of age qualification. It is possible that members of the Commission will be in attendance at the meeting to discuss the issue. If not, you may wish to consider placing this ordinance on the consent agenda. Deputy Mayor Pro Tem. Section 2.07 of the Southlake City Charter provides for annual appointments of a Mayor Pro Tem and a Deputy Mayor Pro Tem: "...the Mayor shall, with the approval of the Council, appoint one of the members as Mayor Pro Tem and one as Deputy Mayor Pro Tem who shall hold their offices for one year. " Please contact me if you have questions regarding this item. 2115 East S.H. 114. The only variance needed in this application is the ability to have a readerboard panel on the permitted free standing sign on S.H. 114. The readerboard will display fuel prices. Your packet contains the application for the variance, a drawing of the sign, and the site plan showing the location of the freestanding sign. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 1, 1998 Page 7 As noted in the packet memos, the sign complies with the ordinance requirements except for the reader board. Recall that previously City Council considered it to be in the public interest to allow the display of gasoline prices, approving similar signs at other stations on FM 1709. If you have questions about this item, please contact Director Campbell. Other Items of Interest 14. Janitorial Service. Note the correspondence attached hereto from our janitorial service. Apparently, they are simply unable to fulfill the terms of their contract. We have contacted the second lowest bidder to determine if they are willing to contract with us for their bid price, but they are not interested. As such, we are in the process of bidding for janitorial services again, and you will be asked to award a new contract in the near future. Note that we can probably expect a contract for a higher amount than was previously awarded, since our current contract is based on the use of one employee (it seems clear now that at least two are needed to complete the job) and since we will be adding the Senior Activity Center to the list of facilities. 15. Kettering Letter. Your packet contains a copy of a letter received from Mr. Kettering following Council's discussion of the Cedar Oaks Estate issue. Note that Council has not yet formally approved the instrument which will designate the drive as public. The attorneys and staff are working on this and it should be ready to bring back to you soon. We need to cover several points with you concerning this in executive session. In the meantime, I have sent a note to Mr. Kettering letting him know I will respond to his letter once details have been worked out. N Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 1, 1998 Page 8 16. Trinity Waste Services has added a new route for Southlake and is contemplating a second additional route for the near future. We are optimistic that this should help with the recent complaints we've received about late and missed pick ups. FYI, Municipal Marketing Manager Doug Rivers visited with Doug Fierce regarding the issues Mr. Fierce raised two meetings ago. According to Mr. Rivers, part of the problem was that drivers were unable or unwilling to go around construction barricades. Drivers have been instructed to go into these neighborhoods for pickup. Mr. Rivers has a supervisor checking the area after each scheduled pick up to ensure no homes are missed. Councilmember Martin made staff aware that Mr. Fierce had called him Tuesday evening to complain about pickup. Mr. Rivers was again contacted, and he told staff that the truck assigned to that route attempted to cross into the neighborhood from Shady Lane and sunk into the dirt and mud up to the axle. It took over two hours for the wrecker to remove the truck from the mud. To pick up the garbage, the supervisor drove through the neighborhood with a pick up truck. According to Mr. Rivers, the garbage on Greenbough was picked up at 7:45 p.m. On Friday, Trinity picked up the garbage in Mr. Fierce's neighborhood at 9:30 a.m. Note that Utility Billing Supervisor Shani Ihnfeldt reported a dramatic reduction in Wednesday morning trash complaints with the addition of the new route. 17. Sign Ordinance Workgroup. Community Development and building inspections staff have been meeting for several weeks with a workgroup dedicated to updating the sign ordinance, most recently yesterday Thursday, April 30. Attendees have included Mayor Stacy, Commissioner Creighton, Councilmember Muller as well as staff members Greg Last, Stefanie Sarakaitis (Comprehensive Planner) and Chuck Bloomberg (Plans Examiner). There have been several productive meetings and it is our expectation to bring Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 1, 1998 Page 9 the recommended draft ordinance revision to City Council for direction in the next few weeks. Contact Stefanie Sarakaitis should you have any questions as to the current revisions proposed by the workgroup. FYI. We have had a problem again recently with political signs. As you recall, all signs are prohibited in the right-of-ways or other public property except governmental signs. Last Saturday we had an incident with Mr. Steve Lakin, candidate for the school board, and his friend Mr. Roger Jones, who were upset because we would not allow them to place Mr. Lakin's signs in the sight triangle at intersections, and in front of our Administrative Offices here on Westwood. He was upset that Ronnie Kendall had parked her truck displaying her sign on the parking lot to our north, and demanded his right to place his signs wherever he wanted. He stated that it was his opinion that we could not selectively turn our back on political signs elsewhere in the right-of-way, and prohibit them in front of our buildings. He threatened to chain himself to his sign and then call the media. (It would not prise me to see him show up at our meeting.) As we go through the revisions to our ordinance, we need to think about this issue again. 18.Impervious Coverage and Residential Adjacency Workgroup. A new workgroup has been established to comprehensively review the two ordinances. The workgroup is comprised of three (3) councilpersons, three (3) commissioners, seven (7) developers, one (1) businessperson and two (2) staff members. Eleven (11) of these sixteen (16) members were in attendance at the first meeting on Tuesday, April 28, 1998. The objectives of both ordinances were better defined and open discussions resulted in a clearer understanding of the purpose and intent of the regulations and what the development / building community could reasonably provide. Although the Residential Adjacency Ordinance is approximately 90 % to 95 % complete, it was agreed that another meeting would be called to fine tune the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 1, 1998 Page 10 latest revisions and to further study the impervious coverage issues. No specific meeting date has been set at this time. 19. Article from Lewis McLain. I have attached an article written by our Fiscal Planning Consultant, Lewis McLain, which appeared in the April GFOAT newsletter. I thought it a timely piece as we enter the budget season. Note that Lewis will be presenting our multi- year financial plan at the June Retreat. 20. Auditor Reports. At the mid -year review, Weaver and Tidwell Partner Jerry Gaither presented the City's Comprehensive Annual Financial Report for the fiscal year ending September 30, 1997. At that time an "Auditor's Communication with City Council" was distributed to Council with the report. The auditor also provided staff with a report which indicates a Reportable Condition, which relates to Budgetary Control. I have attached both of these reports with a memo from Finance Director Lou Ann Heath which discusses issues raised in the auditor's reports. 21. Senior Center. Thank you for all of you who were able to attend the ribbon cutting and volunteer recognition ceremony for the Senior Activity Center on Thursday. The event was a tremendous success, which seems only fitting for such a wonderful project. Activities will begin at the Activity Center this Monday with a special Open House Week from May 11 to 15. 22. Economic Development Activities. Following are some recent activities from the Economic Development staff. Contact Kate Barlow or Director Last if you have questions or would like additional information. • Dallas Business Journal Tour: Greg Last and Kate Barlow gave a four-hour tour to twelve staff members from the Dallas Business Journal last Friday, April 24. N Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 1, 1998 Page 11 Informative presentations were provided by Bill Flaherty (Maguire Partners), Steve Yetts, (Timarron), and Brian Stebbins (Southlake Town Square) at their respective offices. Response was overwhelmingly positive. In particular, they enjoyed a visit to a house in Timarron with a pool on the second floor. • May 8 Society of Commercial Realtors Tour. Staff has provided requested information that will be included in a book for all tour participants. Greg and Kate will represent the city at the lunch and during the bus tour. The event is scheduled to start at 11 am and conclude at 4:30 pm. • Commercial Development Roundtable on May 15. As a reminder, please mark this date on your calendar. The meeting is scheduled for 10 am to 12 noon in Council ' Chambers. Approximately 65 members of the development community have been invited. • RFP from FAA. Staff has received an RFP from the Federal Aviation Administration for locating 90,000 square feet of office space for a regional facility. Dallas is one of four sites under consideration; the final site must be located within five miles of the perimeter of the major airport. Staff has sent this request to various office developers active in Southlake. • Southlake Chamber Membership Appreciation Day. Greg and Kate will join other teams in visiting Chamber members the morning of Tuesday, May 12. During these visits, the 2-member teams will provide "appreciation" items and discuss satisfaction with the Chamber and the City. Mal R. "IN0610971URrIT.Mme 0 Affairs Association national conference. This is an international conference in Fort Worth with almost 350 people in attendance. The tour group was interested in the "Southlake- Alliance" Corridor. They were impressed with the quality development we have in the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 1, 1998 Page 12 city, and interested in many of the projects and programs we have underway. We have already received requests for copies of our development regulatory controls. 24. Town Square Status Report. Attached is a memo from City Engineer Ron Harper that will update you on the status of the development. Expect to see the developer come back before City Council in the near future to amend his site plan for the ponds, and probably add several new buildings. Call Ron Harper or Assistant to the City Manager Darcey Imm if you have any questions about the development or the reinvestment zone. 25. Dominion/Timarron Drainage U dp ate. Also attached FYI is a memo from Ron Harper on the Wyndsor Grove Phase 2 drainage issue. Progress is slow but on course. 26. Funeral services for the husband of accounting assistant Vickie DeWees will be Monday. May 4, 1998- at 11:30 a.m. Most of the staff here will be attending the funeral, however, City Manager's Office intern Michelle Smithen will be staffing the front office and answering the phones. There will not be regular luncheon briefing for Monday. (Monday May 25 is Memorial Holiday) I will actually be in Japan, or in flight, Tuesday, May 12 through Thursday, May 21. Attached hereto is a copy of Mr. Willan's 12-16-97 -letter he referenced at the meeting, with a copy of my response letter to him this date. 29. Kite Festival scheduled for this weekend. Southlake's annual Kite Festival is schedules, for Saturday, May 2 , 10:00 a.m. to 8:00 p.m. and Sunday, May 3, noon to 8:00 p.m. As in Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 1, 1998 Page 13 year's past, this festival will feature live entertainment, arts and crafts, a children's area and kite competitions. Shuttle service from Durham Elementary to Bicentennial Park will be available every 15 minutes on Saturday. We hope you all will join in the festivities. 4 Barlow, Kate, Economic Development Specialist, ext. 776 Campbell, Billy, Director DPS, ext. 730 Carpenter, Chris, Planner, ext. 866 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, City Engineer, ext. 779 Hawk, Curtis E. , ext. 701 Heath, Lou Ann, Director of Finance, ext. 716 Henry, Ben, Parks Planning and Construction Superintendent, ext. 824 Hugman, Kevin, Community Services Manager, ext. 710 Imm, Darcey, Assistant to the City Manager, ext. 759 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Community Development Director, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Sarakaitis, Stefanie, Comprehensive Planner, ext. 753 Wilson, Garland, Deputy Director Fire Services, ext. 735 Whitehead, Bob, Director of Public Works, ext. 740 Yelverton, Shana, Assistant City Manager, ext. 705 LYNN'S CLEANING, LLC KV10 JANITORIAL o313-6 Smithiield Rd. • For: Worth, TX 70130 • Office: (317) 428-1453 • (817) 423-2410 • Fax: (317) 428-7003 City of Southlake Administration Department 1725 E. Southlake Blvd. Southlake, Tr 76092 Attn: Crystal James Dear Crystal, Pursuant to our telephone conversation on April 14, 1998. this letter is to inform you that as of May 31, 1998, Kenniko Janitorial Liaintenance and Supply will no longer be able to provide service to you. Over the course of the last few months we have sent in many different crews to do the cleaning there. We have sincerely tried our best to provide you with the type of service that the city wanted. I have appreciated your honesty and your help in each situation. At this time I feel that the contract was underbid to be conducive to the actual needs of the city, and the time that is required to do the work. To continue trying to provide the service that you require would not be cost effective to me. Once again. I thank you for personally taking the time to work with us and I wish you the very best for the further. Sincerely, Lynn Ballester President L9 aPa - a use 1505 Oak Lane Southlake, TX 76092 April 8, 1998 The Honorable Rick Stacy Mayor, City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Dear Mr. Mayor, With respect to the lengthy discussion at the City Council meeting on April 7, 1998, I want to thank you and Council for listening to our concerns about the development in Cedar Oaks Estates. I felt you attempting to find a resolution acceptable to all parties involved and for that I am very appreciative. Because I was Just the spokesperson representing the concerns of the twenty-six households on our petition, I believe it would be very appropriate if you responded to them directly with a letter of explanation addressing each of our concerns. I sincerely believe that it would be much better for these constituents to hear from you rather that from me or the developers. To aid in that effort I am providing you here with a detailed list of those concerns (*Mw starting with the results of your directed effort with City Staff and the developers in finding a way to make the access drive in question officially a named city street. The other questions relating to a private drive are as follows: 1) Jurisdiction What is the speed limit? Is this a public access or am I trespassing if driving on this road? Who is liable if an accident occurs? 2) Emergency Are all emergency vehicles able to access the property without blocking the road? Who owns the planned fire hydrant? If these five homes do not have an official city address, how does 911 respond? 3) Drainage How will this access drive provide for proper drainage? Will there be bar ditches, curbs, or some other device? 4) Sewer How does the proposed sewer line along Sleepy Hollow interface with the City plan for thiys subdivision? Can existing properties hook up to this line? Will this further delay installation of sewer for Cedar Oaks Estates? M M 5) Mail Where will the five mailboxes be located if this is a private drive? What will be the addresses, 1730 Sleepy Hollow A, B, C, D, E? 6) Trash Will all trash pick up be along Sleepy Hollow or on the private drive into the property? Can the trash vehicles get into and around the drive? 7) Maintenance Who will maintain this private drive and how? If our subdivision gets a much needed street resurfacing will it include this drive? If so, who pays? 8) Deed restrictions The developers claim to be addressing many of these concerns in their deed restrictions. How are they enforced? Do the covenants for Cedar Oaks Estates apply to this property? Does the Architectural Control Committee as provided for in the covenants for Cedar Oaks Estates have superseding approval authority over all building plans submitted for these five lots? Please understand that any questions that my neighbors have for me about this issue I will defer to your forthcoming letter and/or the appropriate city staff member. Let me add that Greg Last, Bob Whitehead, Sandy LeGrand, and their support staff have been excellent in helping me. They are "top notch" and represent our city well. Respectfiilly yours, t� Steven W. Kettering Some nhandal Planning Fundamentals C an Y. Handle, the Truth? By Lewis F. McLain, Jr. Budget preparation time is nearing, and the battle -weary finance officials often dread another cycle of rhetoric and ruse. Mechanically, the budget could be crunched out in hours. Yet the exercise turns into long months, often due to the number of iterations it takes to reach a consensus. How can this process be improved so that it is more meaningful and actually presents a cohesive story with a clear outcome, a clear direction? Many cities have attempted to tell the budget story in the context of a multi -year financial plan (IvrYFP). This is exactly as it should be. The full effects of new or modified programs are better understood viewed over a longer period of time than just one year. The true costs of deferrals are better understood because they aren't hidden behind the curtain that stops at the end of one fiscal year. The often haphazard balancing act is less herky jerky when programs, fund balances and tax rates are seen over a longer horizon. But there are risks involved in developing a MYFP. You often tell a story that some would rather you not reveal, even when it is exactly what was requested in a moment of political self-righteous- ness or just plain old good business sense. Almost always you hold up a "'r *d mirror so that the governance City sees a truth that, strange they cannot handle. Over the years, I've see successful efforts in long-term financial planning. I've also se dismal failures. The emphasis article is on reasons why MYF not always successful. It is int to provide a set of basic princi well in advance of the financii instructions, to undergird botl long-range planning exercise : first year slice of that plan we could still call a budget. In many ways, these principles are intended to conv¢y the message or at least the framework for the story that should be expected from the process h of developing a MYFP. The focus is primarily on the general governmental services housed in the General Fund, but will apply to the entire set of city services. These principles are cast as if you were able to have the city council, the city manager and key department heads alone in a retreat setting. Fundamentals We must communicate on an adult -to -adult level. This is my way of saying let's conduct ourselves on a more business -like basis. There is not likely to be an open and honest discussion on any topic if the council ar manager operates on a parent -child level. This communication barrier includes actions marked by scolding, talking down to one another, sarcasm or hidden agendas. It even manifests itself in a lack of genuine attention. I once made a presentation to a committee that involved the mayor who spent the entire time visibly reading through brochures on Big Game Safari Hunting! His whole life, it turns out, was a fraud, as later portrayed in all his dealings with people. He's now in prison for business malfeasance, so I guess he has lots of time to look at brochures instead of leading one in the state! willingness to work on an adult - basis, then something usually to change or else the financial Wing exercise is likely to place a in on relationships, not cure caged communications. If the .ess is not supported by the mayor city council, the entire MYFP rrt could be a waste of time. Our business is to deliver good - to -high quality services within the affordable resources We learn early in accounting that a fundamental threshold decision is that the entity is a "going concern." If not, then our ,ccounting focus shifts more to a "closing down" mindset. In most cases, the citizens, elected officials and appointed _2_ (continued on next page) ((`,overnment Finance A professionals have expectations that the mission is to build a decent, respectable and safe community. If the opposite is true, then the campaign slogan should be, "Elect me and I'll lead the city to decay." I haven't met too many elected officials or professional managers who want to be a part of a sinking ship. Are we going to be trustees, the title we give our school boards? Are we going to be a responsible city and take care of our needs, be a source of pride and a safe place to raise 'our families? Do we want to be attractive enough to grow and prosper? If the answers to the last three questions are "yes," then the thrust should be to help the city thrive not only today but in the future. It costs more to serve residential rooftops. The ideal mix in the tax base would be for at least 30-50% to be made up of commercial properties. Generally, the revenues generated from commercial properties far exceed the cost of demand for services. The opposite is true for the residential sector. A corollary tenet is that larger and higher value residential properties produce more revenues than costs as compared to medium and lower value residential properties. Even higher value apartment units with gated entrances and other security, landscaping and swimming pools can be fairly economical to serve irrespective of the higher densities. Commercial properties are more nomadic, so don't chase them away. I once was part of a county govern- ment making a presentation to the bond rating agencies. We were all grinning like Cheshire cats as we boasted about how many corporate relocations were moving to the region. Curiously, nobody was grinning from the rating agency side of the table. Then it dawned on us that we were the recipients of the commercial sector abandoning the northeast as infrastructure was decaying and taxes were rising. There was a reason they were so stoic. So what makes us think that we won't be abandoned someday? This topic deserves an article of its own, so more is to come at a later date on financial incentives and the increasing involvement and discretion of the enlightened business community. The point is to urge city officials to appreciate the benefit of the commercial sector in the mix of revenues and service demands — and to urge caution about creating a situation that runs off the very sector that can most easily abandon you. The commonality found in most cities is that the economic engine drives everything else. Be careful how you slap them around. People are expensive to train, so mind the compensation. Sometimes elected officials are fond of saying that if employees don't like the pay, they can go find another job. We know that if organizations only hire people at the minimum or entry-level in the market, they are likely to stay only long enough to get trained before going to another entity to receive fair compensation. If you want to deliver quality services in the most efficient manner, there is usually a connection between experience and quality services. This does not apply to every position. And most positions do not continue the same steep ramp -up in value during the second or third decade as compared to the first. Most of us know the difference between a person having 30 years' experience and one year's experience 30 times. However, if you are hiring inexperienced people and turning them over to the market after 12-18 months, then the market owes you a congratulatory handshake for training good people for them to start with, giving them an economical leg up having avoided expensive entry-level training! The communities experiencing high rapid growth do not have the luxury of time and patience to entertain such a foolish notion. Equip all staff'properly so they can do their job. This principle should not be construed to mean give ' every field worker a shiny pick up or dump truck. These needs must be balanced. A good rule of thumb is that if equipment is being used 70-80+% of the time, then a first (but not only) productivity test is met. But the point here is that old, broken down equipment is usually expensive to keep in repair — not to mention the inefficiency of a police officer or field crew wasting their time waiting for a replacement or for the equipment to be repaired. The corollary to this principle is that technology should be explored continually as an alternative to hiring people. blind the infrastructure and measure the progress regularly. Let me use an illustration to make my point on this principle. The City of Fiscal Bliss has a population of 40,000 people. They have 160 miles of paved streets, 80 miles of paved alleys, 360 miles of sidewalks, 240 miles of water lines, and 240 miles of sewer lines. Assuming that all of these components lasted 40 years with proper maintenance (an overly optimistic assumption), the City should be replacing a minimum of 4 miles of streets, 6 miles of water lines and 6 miles of sewer lines annually. I am convinced that the accounting profession is going to be the center of attacks in the future as cities are forced to accurately measure the condition of their infrastructure, only to be revealed that some cities are bankrupted right now and don't even know it — or at least won't acknowledge that they do know. Again, the point is that before you start planning over the long horizon, there should be an understanding that the measurement of a decaying asset is the fundamental charge of the finance official. Can you and your governing body handle the truth? apt -3- .• Government Finance (see TRUTH, page 4) (TRUTH from page 3) If you construct new facilities, then it follows that you have to be prepared to fund the associated programs. I've told this story in so many forms, but here it goes again. Two sessions ago the elected body pushed for a bond election to build a new library, recreation center or fire station. The last city council sold the bonds to build the facilities, grinning ear -to -ear at the ribbon -cutting photo op. You are now on the city council being asked to fund $100,000 in new books, 6 new librarians, 10 recreational staffers and 12 firefighters. It is going to take a five cent tax rate hike. My two questions are: Why are you surprised? And why are you apologizing? You are just stepping up to pay for what has been put in place or motion by those before you. In fact, there is a corollary to this principle and it is that most of what you deal with today are things put in motion by past administra- tions. And much of what you initiate today will impact future administra- tions. The multi -year financial plan will connect the policy decisions, the capital spending and the operational budgets. Can your administrative staffs, elected officials, and public handle the truth about the operating costs coming down the pike? City services and the revenue base matures eventually, and the picture doesn't stay as pretty or as affordable as it is now. In general, new growth subsidizes the existing tax base. I once lived in a little tax -evader city that had gone past the elected officials lying to the citizens. They had actually lied to themselves for so long that they believed their own isolationist creed. They had no ad valorem tax income and had lived for years from a steady stream of handsome building permit income. They furnished almost no services, but eventually the developer -installed roads were falling apart, and a few souls thought it might be a good idea to have police protection. They had figured out how to mooch off the adjacent cities for parks and recreation programs, but now they were in a quandary about these basic services. Some argued that if all the new people wanted services, then why didn't they just go back from whence they came. Some of the old-timers suggested they shut off all growth — until they realized that building permit income was their only major source of income. To watch this exchange in action would have been laughable, unless you lived there. It would also be laughable to those outside this little hamlet, except that it happens just about as often but in slightly different ways even among the larger cities. Those cities with large geographic areas that have sustained respectable growth for many years have masked their maturing core with the focus being on shiny new rooftops. But someday the ratio of the aged ,_/ and aging to the new and coming infrastructure, housing stock and even inhabitants will change. Can you handle the truth about the cost of services in the future? My real point rests in the "affordability now" portion of the principle offered. One of the biggest errors in judgment that will be recognized in the future is how the resources weren't tapped until they were not there to tap. The blind or at least short-sighted emphasis is placed on keeping tax rates artificially low when the full picture reveals a critical story. The story lies in long-term shifts in the ratio of resources needed to resources available. The result is an equation that is politically expedient today but awfully foolish tomorrow. Let me give an illustration. The City of Dallas has an enormous tax base, even after several years of corporate abandonment, but is ten years behind on infrastructure repair and replacement. Their tax rate is so low, relative to . many cities, that an additional ten cents would unlikely have made a difference a decade ago. That incremental money poured only in infrastructure, street lighting, public safety and other key factors for sustaining the quality of life would have meant $42.5 million dollars annually FOREVER! What a difference that dime would make decades from now if the leadership, stewardship credibility and persuasive skills existed for cities to communicate with the public on an adult -to -adult basis. My intention is to not speak harshly of this city's plight, but rather to express hopes of future success for a city I've lived in and around for almost five decades. What Does All This Mean? This article is meant to place a burden on the finance official, city management, the governing body and the public that elects them. The most basic obligation of the finance official is to recognize, measure and record assets and liabilities. The accounting profession allows us to go right to the cusp of revealing the future but falls woefully short of disclosure since the focus is primarily historical. However, the accounting profession does not prevent us from participating on the management team, from revealing a REALISTIC picture of the future with clearly stated assumptions. Politics then becomes the barrier. We, the governance, management, and advisors of municipalities, have paralyzed ourselves by being paranoid to tell the truth surrounding the known or expected cost of being in the business of operating a municipal corporation to provide public services. Why can't the public understand the value today — and �,� �. (continued on next page) �**Government Finance especially tomorrow — of public safety, economic welfare, infrastructure care, and other quality of life issues? Why don't city administrators and elected bodies understand the requirements for and the sustaining nature of an on -going concern? Is it because we don't know the truth or that we can't handle the truth? Is it because we don't deal with the public and the reflections of the public (elected bodies) on an adult -to -adult basis? Do we just tell the public what they want to hear: that we can do everything, take care of their every need without cost or pain? We're going to pay a Titanic of a price in the future for a lack of honesty and communication when a future finger is pointed back to the last quarter of the 20th century. The interesting side question will be whether the government finance profession will share a big chunk of the blame for knowing the story but failing to reveal it in what might be the quintessential disclosure document - the multi -year financial plan. It doesn't have to be that way. It can be the most revolutionary means of balancing future budgets. As trustees and fiduciaries, we CAN do a better job planning our resources. We can make sure that we grow gracefully from hyper -growth communities to those that continually rebuild what they have instead of just abandoning and moving outward to new turf. Nelson Sullivan, my dear cost accounting professor from years back, was fond of making us work long and complicated cost accounting problems. His favorite exercise was to make us work the problem backwards and forwards. If there was a multi -step problem, he would give us pieces of the answers. This forced us to work forward until we could go no farther. Then we would have to work backwards from another given piece of information until we finally solved the entire problem. His influence on me was lasting. I can think of no better exercise in municipal government than to view your organization over the next several years - at least five and maybe even twenty or more. Multi -Year Financial Planning (MYFP) forces you to work forwards and then backwards, requiring several iterations before you put together a 'balanced" plan. MYFP becomes the communication tool for discussing what is coming, what might come and what the most likely alternatives are to consider. It has the potential to be the very essence of adult -to -adult communication since there are no legal mandates to cut services or to raise revenues within days, which is the comer we paint ourselves into so often. MYFP isn't likely to be passionately embraced if the influence of two-year city councils and five-year city managers has been translated into a filtered system or coded communication that resembles a hollow family discussion dancing around the subject of an alcoholic or mentally ill member without ever admitting the person has a problem. But it doesn't have to be that way, especially if there is a desire for the government to be run more business -like. The first question, however, to put to the governing body and municipal organization is, "Can you handle the truth?" LFM (Feedback: lewhn@flash.net) ABOUT THE AUTHOR: Lewis McLain is a well-known fiscal planning P consuftwt who has limited his practice, but will allow time to write future arbdea Lewis previously served as GFOATs newsletter editorAvaitedpublisher for 51 issues Remekber Wkeh .. . A cov%pkter was soweWlita a% -N ' From A scie%Ce ACI iaN Show A wi%Aow was Sow&W%5e yak hated i-o dea%..... A%A a ram was the Cowim oP a load .. Mel was the Kame &P my lirirne%A AKA lil was Sow&Wt% yok AIA o% stale for wa%ey Now they Al v%ea% ALkl'ere%t W%CS A%A that really melabyl-es A+► applicoatio% was ;or employme%t A prolroam was of -N Show A Cursor kseA prol'a%ity A keyboard was a pia%o Memory was s00%e+WV that yok lost with ale A CD was a ba%k otcCOk%t AKA L; yok Had a 3 12 Nck l±leppy you twpeA %obody -Pok%A okt Compress was someWt%3 yak Aid to the larbale N* someW%a yak ALA to at File AKA W yok k%zippeA aKy+W%s iK pkblic Yok'A be 1% jan por a wlu'le Log o% was aAXt%S wood 1-o the Are 1larA AviVe waS a lo%l }rip o% the roaA A moose paA was where a wakSe rtveA AKA a backup happe%ed 1b your cowwwde 04- you Aid with a rocker k%ipe Paste yak ALA with like A web was a sftAer's hoot AKA a VLrks was the;;% _!loess I'll SKc% to my paA a%A paper A%A the w4v4o"y i% my heaA i hear KoboAy'S bee% IdileA i% a ca ofkier rash 8kt whe% Lt happe%s, they wish they were dead -5- �,� (`,overnment Finance Akihor U%k%ow% City of Southlake, Texas April 24, 1998 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: September 30, 1997 Audit Report At the mid year review March 24, Weaver and Tidwell partner Jerry Gaither presented the City of Southlake's Comprehensive Annual Financial Report for the fiscal year ending September 30, 1997. An `Auditor's Communications with City Council' was distributed to Council with the report, which states the auditor's responsibility under generally accepted auditing standards and government auditing standards. The letter discusses internal control, significant accounting policies, management judgments, accounting estimates, audit adjustments, and other areas concerning their work. Weaver and Tidwell provided staff a `Report on Compliance and on Internal Control over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards'. This report indicates a Reportable Condition, which relates to Budgetary Control. During the year, the City over -expended the budget in several Divisions within the General Fund and over -expended appropriations in the SPDC Debt Service Fund. The auditors recommend in the future that the budget be amended when it is anticipated that expenditures will exceed appropriations at the department level. Also noted by the auditors were variances in the actual and budgeted amounts as operating transfers between funds. Again, their recommendation is that budget amendments be made for such transfers. This memorandum is intended to address comments in the auditor's `Report on Compliance...' by referencing pages in the Comprehensive Annual Financial Report, or audit. General Fund. Total expenditures in the General Fund are $11,418,822 on a budget of $11,029,033, a variance of 3.53% or $389,789 as shown on page 35. Of this $389,789 variance, $151, 877 is attributable to an auditor recommended and implemented change in accounting treatment for lease/purchased copier machines. There were several contributing factors to the remaining over -expenditure, which are detailed in the attached spreadsheet. Each division's budget and actual expenditures are listed on pages 36-40. Not reflected in the auditor's `Report on Compliance...' is a discussion regarding actual revenues exceeding budgeted amounts by $216,829. Actual revenues in the General Fund are $10,039,389, while the budget is $9,822,560. Other financing sources (uses) of funds total $1,623,382, while $1,475,184 was budgeted. The $148,198 received in excess of the amount budgeted is attributable to the lease proceeds as discussed previously. Curtis E. Hawk September 30, 1997 Audit Report April 24, 1998 page 2 Overall, the Fund Balance in the General Fund at the end of the year was within $24,762 of the amount that was anticipated. Actual ending fund balance was $2,597,602; the budget was $2,622,364. SPDC Debt Service Fund. During the year, the SPDC refunded its outstanding debt, issued new revenue bonds and was able to negotiate use of a surety bond for the debt service reserve. This allowed the SPDC to liquidate the existing $252,915 debt service reserve fund when the bonds were issued. This liquidation was planned for, however, the transaction was classified by the auditors as an expenditure, `payments to bond escrow agent', not a use of equity. Therefore, no budget expenditure amount was proposed to the SPDC Board for the use of the equity. Total expenditures for the year in the debt service fund were $910,264 as shown on page 53, of which $259,234 was the payment to bond escrow agent, leaving $651,030 for principal and interest. Total budget for principal and interest was $652,329. Operating Transfers. The SPDC liquidation of existing reserve funds required additional funds to be transferred from the SPDC Operating Fund, page 47, to the SPDC Debt Service Fund, page 53. Upon completion of the transaction and review of the August 1997 debt service payment due it was determined that an additional $260,000 would be required. This transfer was made in order to make the required August payment, however the budget does not reflect the additional $260,000 amount. IMM M I q_ CITY OF SOUTHLAKE, TEXAS AUDITOR'S COMMUNICATIONS WITH CITY COUNCIL YEAR ENDED SEPTEMBER 30,1997 24 m March 24, 1998 To Members of the City Council WEAVER and City Manager CITY OF SOUTHLAKE TIDWELL Southlake, Texas L. L. P. CERTIFIED PUBLIC ACCOUNTANTS We have audited the financial statements of the City of Southlake ("the City") as of and for AND CONSULTANTS the year ended September 30, 1997. We would like to provide you with the following information related to our audit. 1_1221 Merit Drive State 1'00 Dallas. 'Texas 'J'> 1 972.490.19-0 The Auditor's Responsibility Under F 9,3.-03.8321 Generally Accepted Auditing Standards and Government Auditing Standards The general purpose financial statements are the responsibility of management of the City of Southlake. Our responsibility is to plan and perform our audit to obtain reasonable, but not absolute, assurance that the financial statements are free of material misstatement and are fairly presented in accordance with generally accepted accounting principles. Because of the concept of reasonable assurance and because we did not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud and defalcations, may exist and not be detected by us. As part of our audit, we considered the internal control structure of the City. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control structure. As a part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of compliance with laws, regulations, contracts and grants. However, the objective of our tests was not to provide an opinion on compliance with such provisions. Significant Accounting Policies Management has the responsibility for selection and use of appropriate accounting policies. We considered the appropriateness of accounting policies and their application during our audit. The significant accounting policies used by the City are described in the notes to the financial statements. The City adopted no new accounting policies nor changed the application of existing policies during the year ended September 30, 1997. We noted no transactions entered into by the City during the course of our audit that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus. FORT WORTH OFFICE jU, ll':�t S,teu:U Str:,t Suit, I goo r: U'ortl. Tsar -610' WORLDWIDE AFFILIATIONS THROUGH SUMMIT INTERNATIONAL ASSOCIATES, INC. CITY OF SOUTHLAKE March 24, 1998 Page Two Management Judgments and Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events. Accordingly, actual results could differ from those estimates. Significant Audit Adjustments For purposes of this letter, professional standards define a significant audit adjustment as a proposed correction of the financial statements that, in our judgment, may not have been detected except through our auditing procedures. These adjustments may include those proposed by us but not recorded by the City that could potentially cause future financial statements to be materially misstated, even though we have concluded that such adjustments are not material to the current financial statements. During our audit we made the normal audit adjustments to record the general fixed asset additions, deletions and to reclassify the transactions related to the TRA debt. We also noted the entries related to the defeasance of debt and a significant capital lease in which the proceeds and related capital outlay expenditures were not recorded. Other Information in Documents Containing Audited Financial Statements Our responsibility with respect to information in documents containing financial statements audited by us does not extend beyond the financial information identified in our report, and we have no obligation to perform any procedures to corroborate other information contained in such documents, except to read the information and consider whether such information, or the manner of its presentation, is materially inconsistent with information, or the manner of its presentation, appearing in the financial statements. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit.. Consultation with Other Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principal to the financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. CITY OF SOUTHLAKE March 24, 1998 Page Three Major Issues Discussed with Management Prior to Retention We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.. Difficulties Encountered in Performing the Audit We encountered no difficulties in performing and completing our audit This report is intended solely for the information and use of the City Council and management and should not be used for any other purpose. We appreciate the assistance from Lou Ann Heath and her staff during the course of our audit and wish to express our appreciation for the opportunity to serve you. Yours very truly, WEAVER AND TIDWELL, L.L.P. J L. Gaither, Partner i CITY OF SOUTHLAKE, TEXAS GENERALLY ACCEPTED GOVERNMENT AUDITING STANDARDS REPORT COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING YEAR ENDED SEPTEMBER 30, 1997 REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH WEAVER GOVERNMENT AUDITING STANDARDS TIDWELL L. L. R CERTIFIED PUBLIC To the Members of the City Council ACCOUNTANTS and City Manager AND CONSULTANTS CITY OF SOUTHLAKE Southlake, Texas 12221 ,Merit Drive Suite I'00 Dallas. Texas 75251 9- 2.490.1970 We have audited the general purpose financial statements of the City of Southlake, as of F 972.'0 8321 and for the year ended September 30, 1997, and have issued our report thereon dated February 6, 1998. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Govemment Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the City of Southlake's general purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reportinq In planning and performing our audit, we considered the City of Southlake's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. However, we noted certain matters involving the internal control over financial reporting and its operation that we consider to be reportable conditions. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the intemal control over financial reporting that, in our judgment, could adversely affect the City of Southlake's ability to record, process, summarize and report financial data consistent with the assertions of management in the general purpose financial statements. Reportable conditions are described in the accompanying Schedule of Reportable Conditions. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the FORT WORTH OFFICE normal course of performing their assigned functions. Our consideration of the internal 30- W-, S,!ewh Sirs: control over financial reporting would not necessarily disclose all matters in the internal S,,,,e 1500 control that might be reportable conditions and, accordingly, would not necessarily +l-,r!h. T,x,,, -6102 disclose all reportable conditions that are also considered to be material weaknesses. However, we believe none of the reportable conditions described above is a material weakness. WORLDWIDE AFFILIATIONS THROUGH SUMMIT INTERNATIONAL ASSOCIATES, INC. A THE CITY OF SOUTHLAKE TEXAS Page Two This report is intended for the information of the City Council and City Management. However, this report is a matter of public record and its distribution is not limited. lella*.'I X'-40".2 1-4'oeo WEAVER AND TIDWELL, L.L.P. Dallas, Texas February 6, 1998 i CITY OF SOUTHLAKE, TEXAS REPORTABLE CONDITIONS SEPTEMBER 30, 1997 Budgetary Control The City charter establishes the legal level of budgetary control for the City of Southlake at the department level. To maintain budgetary control over operations budget amendments should be approved by the City Council when it is anticipated that actual expenditures will exceed appropriations at the department level. Such budget amendments should be approved by Council prior to expenditure of City funds. During the current year the City overexpended the budget at the department level for several departments and overexpended appropriations at the fund level for two funds. We recommend that the City appropriately amend the budget when it is anticipated that expenditures will exceed appropriations at the department level. The overexpenditure of the budget for the Southlake Parks Development Corporation Debt Service Fund related to the defeasance of outstanding debt. In accordance with Statement No. 7 of the Govemmentar Accounting Standards Board, Advance Refundings Resulting in Defeasance of Debt, payments to the escrow agent from resources provided by the City should be reported as debt service expenditures. The City did not amend the budget for the defeasance of debt. The financial statements disclose that the City adopts its budget in accordance with generally accepted (41W accounting principles. During our audit we noted that a significant capital lease in which the lease proceeds and related capital outlay expenditure was not recorded or budgeted. We also noted that entries related to the defeasance of debt were not recorded or budgeted. We recommend the City amend its budget for such transactions in the future. We also noted variances in actual and budgeted amounts as operating transfers between funds. We recommend budget amendments be authorized for such transfers. City of Southlake QW General Fund Schedule of Expenditures Compared to Budget Year Ended September 30, 1997 Explanation of (Unfavorable) Expenditure Variances (1) Dollar Division Budget Actual Variance % Variance City Secretary $ 224,577 $ 242,575 $ (17,998) -8.01% Personnel $ 94,145 $ 99,056 $ (4,911) -5.22% Operations $ 122,932 $ 136,290 $ (13,358)-10.87% Capital $ 7,500 $ 7,229 $ 271 3.61% P=Underestimate of personnel for year end. O=Supplies-meeting and advertising for ordinances exceeded budget. Human Resources $ 135,999 $ 144,948 $ (8,949) -6.58% Personnel Operations $ $ 56,329 76,670 $ $ 58,463 82,483 $ $ (2,134) (5,813) -3.79% -7.58% Capital $ 3,000 $ 4,002 $ (1,002)-33.40% P=Underestimate of personnel for year end. O=Advertising-personnel and office supplies exceeded budget. C=Office furniture and equipment exceeded budget. Support Services $ 1,261,277 $ 1,497,945 $(236,668)-18.76% Personnel $ 27,272 $ 27,272 $ - 0.00% Operations $ 1,136,005 $ 1,208,180 $ (72,175) -6.35% Capital $ 98,000 $ 262,493 $ (164,493)-167.85% O=Legal and professional services exceeded budget by $64,450. O=Utilities exceeded budget by $10,200. C=Lease-purchase of copier equipment for $151,877 not budgeted in capital; in previous years a similar type of transaction has not been recorded as capital item. C=Computer equipment exceeded budget due to replacement of server hardware. Police $ 2,210,622 $ 2,242,915 $ (32,293) -1.46% Personnel $ 1,666,370 $ 1,721,531 $ (55,161) -3.31 % Operations $ 257,127 $ 230,892 $ 26,235 10.20% Capital $ 287,125 $ 290,492 $ (3,367) -1.17% P=Overtime exceeded budget by $23,940; regular earnings by $36,000. C=Communications equipment exceeded budget by $3,700. 4/24/98 Page 1 of 4 EXPLW ALS City of Southlake General Fund Schedule of Expenditures Compared to Budget Year Ended September 30, 1997 Explanation of (Unfavorable) Expenditure Variances (1) Dollar Division Budget Actual Variance % Variance Fire $ 1,379,162 $ 1,460,111 $ (80,949) -5.87% Personnel $ 927,272 $ 916,548 $ 10,724 1.16% Operations $ 178,327 $ 205,637 $ (27,310) -15.31 % Capital $ 273,563 $ 337,926 $ (64,363)-23.53% O=Training and Investigation supplies exceeded budget by $9,600. O=Vehicle and equipment maintenance exceeded budget by $18,000. C=Vehicles purchased exceeded budget by $84,485; Field equipment was under -budget by $25,300. Dollar amount for ambulance purchased during the year was mistakenly deducted from the FY1996-97 amended budget. Public Safety Support $ 972,363 $ 975,419 $ (3,056) -0.31% Personnel $ 719,442 $ 719,363 $ 79 0.01 % Operations $ 181,865 $ 182,133 $ (268) -0.15% Capital $ 71,056 $ 73,923 $ (2,867) -4.03% O=Nominal amount. C=Communications equipment and office equipment overexpenditure. Public Works $ 586,050 $ 690,191 $(104,141) -17.77% Personnel $ 390,393 $ 398,061 $ (7,668) -1.96% Operations $ 122,365 $ 209,146 $ (86,781) -70.92% Capital $ 73,292 $ 82,984 $ (9,692) -13.22% P=Personnel exceeded budgeted amounts. O=Professional services exceeded budget -drainage master plan, appraisals. C=Computer equipment exceeded budget. 4/24/98 Page 2 of 4 EXPLN1.XLS City of Southlake General Fund Schedule of Expenditures Compared to Budget Year Ended September 30, 1997 Explanation of (Unfavorable) Expenditure Variances (1) Dollar Division Budget Actual Variance % Variance Streets/Drainage $ 900,793 $ 903,988 $ (3,195) -0.35% Personnel $ 420,063 $ 371,439 $ 48,624 Operations $ 395,100 $ 425,627 $ (30,527) Capital $ 85,630 $ 106,922 $ (21,292) O=Street repair materials exceeded budget. C=Communications equipment and Field equipment budget overexpended. Total -Divisions over Budget $ 7,670,843 $ 8,158,092 $(487,249) All Other Divisions Total General Fund (1) Explanation of variances: $ 3,368,190 $ 3,260,730 $ 97,460 $ 11,029,033 $ 11,418,822 $(389,789) 11.58% -7.73% -24.87% -6.35% 2.90% -3.53% Overall, the General Fund expenditures exceeded budget by $389,789, or 3.53% on a total budget of $11,029,033. Of this $389,789, $151,877 is attributable to a change in an accounting treatment for a lease/purchase agreement as recommended by the auditors during the course of their review. During the year, the City went through a bid process to obtain copier equipment through a lease. The City desired an agreement whereby the City pays a monthly lease with maintenance costs included for four copy machines; the City retains ownership at the end of the lease period. This is similar to the previous arrangement the City had with three existing copiers, however no capital outlay for the copiers had been recorded on these previously leased machines. The auditors indicated that the lease/purchase should be recorded as a line -item expenditure, with an offsetting source of funds for the proceeds from lease. For FY1996-97, the copier lease/purchase was $151,877 recorded in 105-Support Services capital. 4/24/98 Page 3 of 4 EXPLN1.XLS City of Southlake General Fund Schedule of Expenditures Compared to Budget Year Ended September 30, 1997 Explanation of (Unfavorable) Expenditure Variances (1) Dollar Division Budget Actual Variance % Variance (1) Explanation of variances (continued): The City begins preparing the budget for the subsequent fiscal year in April. Revenue and expenditure estimates are made for the current fiscal year as a part of this process. These estimates are then used to amend the current fiscal year budget. The estimates are usually made in July, when there still remains up to 10 weeks in the fiscal year. Many times line items will be over -budgeted, and some under -budgeted, which is what happened during Fiscal Year 1996-97. In Public Works Administration, there were year-end accruals for engineering services relating to the drainage master plan that were not reflected in the year-end budget numbers. Also, there were amounts paid for appraisals, surveying and assistance with easement acquisition that were not reflected in the year-end budget amounts, which contributed to the $86,781 over budget number. In Fire Services, an ambulance was purchased that had been included in the mid -year budget revision. Due to an oversight, this mid -year budget amount was not included in the year end budget estimates, which contributed to the $64,353 over -expenditure of capital budgeted for the Division. In the Support Services Division, operations costs exceeded budgeted amounts due to legal fees accrued at year-end for ongoing litigation. The estimate made in July was insufficient for the amount actually incurred through September. 4/24/98 Page 4 of 4 EXPLN1.XLS City of Southlake, Texas April 29, 1998 TO: Curtis. E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Town Square Status Report Town Square The Town Square project has been underway for approximately three months. Phase 1 of this project is envisioned to encompass approximately 42 acres and will include the construction of 10 buildings. Approximately 40% of the water, sewer and drainage infrastructure for this phase has been completed. Two building pads have been poured and the steel is being erected for the first building. The Developer intends on completing all the buildings by November. At that point the buildings will be turned over to tenants for finish -out. The projected opening of the buildings for business is March 1, 1999. Several changes have been made to this project since the site plan was approved by City Council. The original approvals did not show the two detention ponds; one at the west side of the project and one adjacent to 1709 and the band shell. These ponds are necessary due to the need to detain stormwater runoff. The pond to the west will be further modified as the need arises for additional building or parking areas. The intent is that a portion of this detention requirement will be placed in an underground detention system. The detention area adjacent to the band shell will be used as a water feature. The bandshell was moved away from FM 1709 to accommodate the need for the detention facility and to provide for some space away from the noise that would be caused by the FM 1709 traffic.' Town Hall The planning and programming of the Town Hall has been underway for approximately six months. The three entities that will be occupying this facility (City, CISD and Tarrant County) have been actively involved with Urban Architecture in developing space requirements and relationships. We currently have a programming document Town Square Status April29, 1998 Page 2 which shows a facility with approximately 75,000 square feet. The approximate floorplate for the first three levels will be 21,000 square feet each, with a fourth floor of approximately 12,000 square feet. These square footages will be better defined as schematic designs are developed. The breakdown between users is City - 33.5 %; County - 21.9 %; CISD - 17.9 %; shared facilities - 26.7 %. The next steps in the completion of the programming effort is to develop schematic designs for each floor, develop a comprehensive budget and prepare a realistic construction schedule. All of these items were included in the professional services agreement recently awarded to Urban Architecture. Prior to the completion of the programming study, we will be bringing forward a professional services agreement for the design of the Town Hall. In addition we will be discussing the need for construction management services as a separate issue from the building and project management aspects of this project. City of Southlake, Texas April 30, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Dominion/Timarron Drainage Issues (Wyndsor Grove - Phase 2) This memo is to provide an update of the agreed upon work between Timarron - Wyndsor Grove and Dominion. The rear yard drain system agreed to in the Phase 1 area has been completed. The system will not be functional until the drain through the Brennan property has been completed. The rear yard drain system designed in Phase 2 is under construction and should be completed by May 8, 1998. Angela Turner (City) and Richard Payne (Carter and Burgess) met with Linda Dudas at her property on April 24, 1998 to discuss drain options affecting her property. Mr. Payne proposed to pick up the runoff from the adjacent property and to carry it to the rear yard inlet at the south end of the Dudas property. This solution will not require any work to be done on the Dudas property and will not impact the large tree on the adjacent lot. Work is scheduled to begin on the major drain line through the Brennan property during the week of May 4, 1998. City staff has informed the Brennan's of these plans. City staff will photograph the area of this drain line on May 4 or 5, 1998. This will serve to provide a record of existing conditions. Pumping of the water in the temporary siltation pond has been done on an as needed basis. ou ha v any additional questions please contact myself or Angela Turner. j i J. Mayor: Rick Stacy Mayor Pro Tom: W. Ralph Evans Deputy Mayor Pro Tom: David A. Hams Councilmembers: Wayne Moffat Pamela A. Muller Gary Fawks Scott F. Martin City Manager: Curtis E. Hawk Assistant City Manager: Shana K. Yelverton City Secretary: "-gndra L. LeGrand N City of Southlake Administrative Offices May 1, 1998 Mr. W. Craig Willan, P.E. 1376 Lakeview Dr. Southlake, Texas 76092 RE: Your letter dated 12/ 16/ 1997 to Mayor and City Council Members Dear Mr. Willan: After your appearance at City Council meeting April 17, 1998, Mayor Rick Stacy asked that I respond to your concerns in writing. I apologize for not formally responding to your letter sooner. I did not think you wanted a written response, or you would have received one earlier. I will attempt to address each of the concerns you raised, beginning with those enumerated in your letter. Point one: "On demand" signal light programming. You express your belief that the Texas Department of Transportation (TxDOT) "...is siding with special interests in giving priority to smaller side streets over a 5 lane heavy traffic road..." (FM 1709). You are concerned specifically about the programming of the signal at Byron Nelson Parkway. You finish on this topic with a comment that "...with today's Southlake traffic problems it appears that a `minority rules' is the governing philosophy." In response, it is true that the traffic signal lights are traffic actuated, i.e., the signals are activated by traffic stopped at an intersection and "triggering" the sensors placed in the pavement. This is so that people who reside in Southlake can access FM 1709. If there is no traffic (whether one car or many), the signal does not change and the traffic flow on the larger road (FM 1709) is not interrupted. This is actually better, at most times of the day, than a set programmed cycle that would automatically stop traffic for a set time whether or not there would be any traffic on the cross street. 1725 East Southlake Blvd. • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 329-1747 AN EQUAL OPPORTUNITY EMPLOYER" Mr. W. Craig Willan, P.E. May 1, 1998 Page 2 The majority of the people who travel FM 1709 do not work or reside in Southlake. If you mean by your comment that we "favor" our residents by allowing them ready access to one of our major east -west highways, the answer is "yes, we do!" Is this not as it should be? Mr. Willan, you live on Lakeview Dr. in Cross Timber Hills. I would assume that in most cases you use Randol Mill or Peytonville to access FM 1709. There is a traffic signal light at the intersection. Once you access FM 1709, is it not fair that you allow those folks who access the highway at the other (signalized) intersections the same opportunity you had? Point two: "Traffic signal equipment in obvious need of repairs." By this, you state that "...some signals will show left turn arrows where no cars are even present...." As a response to this comment, I can only say that this should not be happening since the signals are supposed to be traffic actuated. We have reportd this to the state. (It may be that cars have started into the turn lane, then switched back to the main lane. This could activate the signal.) Point three: "Traffic signals not allowing a left turn. except on, green arrow only•" In response, we have previously requested TxDOT to provide for "Protected Left Turn on Arrow Only" which would allow left turn on green without the arrow, as opposed to "Left Turn On Green Arrow Only." TxDOT has resisted for safety reasons. We recognize as you do that such signals exist on FM 1709 in Keller, and throughout the area. They point out (among other things) the higher traffic volumes in Southlake as compared to Keller. We are still attempting to get them to reconsider. Point four: "...a simple four wav stop sign would flow traffic better," This doesn't need much response; I assume you were being facetious. Stop signs in lieu of signalized intersections would exacerbate rather than ameliorate the situation. Point five: "Traffic backing up from one intersection to another... during rush hours." In response, we recognize that this sometimes occurs, and is occurring more frequently. There are several things that will help, for example, converting the stripped shoulder to driving lanes. However, until we can effect changes at Peytonville and the Wall Street bridge, there will still be a problem. The Peytonville "solution," although costly to the City, will be the easiest to effect. This will entail acquisition of additional right-of-way from C.I.S.D. at the high school, and at the southwest corner of the intersection of Peytonville and FM 1709, and adding a second center turn lane for the high school traffic. (This has not yet been approved by TxDOT, but we believe we will receive approval.) The Mr. W. Craig Willan, P.E. May 1, 1998. Page 3 solution to the Wall Street bridge problem is more complicated, and probably cannot be effected until SH 114 is improved between Wall Street bridge and the "funnel" at the SH 114/SH 121 convergence. Point six: "Lack of concern by the state hiehwav denartment (TxDOT)." This is unfounded. The record demonstrates the opposite. TxDOT has spent millions on FM 1709 and FM 1938 in recent years. (TxDOT spent $12 million in Southlake, and $6.3 million in Keller on reconstructing FM 1709. Southlake spent approximately $3 million with our responsibility for water line relocation and lateral drainage.) You make a point that in the 12 years you have lived here we have grown from zero traffic lights on the Southlake portion of FM 1709 to ten. Yes, and FM 1709 was a 2-lane roadway with no shoulders! TxDOT has demonstrated its willingness to work with us on any issue concerning the state highways in Southlake. We meet and/or telephone conference regularly" Point seven: "Very little intelligence has been applied to the operation of these lights...„ This is unfair. The signals with one exception have all been timed in what is called progression sequence, which provides for orderly flow with the traffic actuated signals for the intersecting streets. We have been investigating the possibility of computerizing the signal synchronization, but there is some question still as to whether or not it will help in our situation, particularly without adversely impacting the citizens of Southlake who are attempting to get on FM 1709. The only signal which has not been sequenced is at Byron Nelson, which is a temporary signal. You have probably noticed, however that the new permanent signal is currently being installed. It should be completed in about thirty (30) days. It can then be progression sequenced. Point eight: "In addition to the inconvenience caused by the signal light situation. human iniuries have occurred in accidents attributed to road rage or anLyer due to the programming of the lights." Inconvenience to whom? Yes, it would be more convenient for those passing through Southlake to have their trips unimpeded by a signal light, but, as mentioned above, what about those in Southlake who must access the roadway? Which area of town would you propose to favor by allowing signals at only selected intersections, excluding others which would otherwise warrant signalization under the uniform guidelines? Yes, there have been evidence of road rage in Southlake. This has become a national problem, as has been the growing trend of ignoring traffic laws (speed limits, stop signs, stop lights, etc.). It is a dangerous situation that must be policed. The Texas Department of Public Safety, and police departments Q., throughout the metroplex and the state are trying to respond without appearing Gestapo -like. We have no documented Z;'Ccidents in Southlake due to road -rage. Mr. W. Craig Willan, P.E. May 1, 1998 Page 4 Point nine: You guess that "...90% of the accidents recorded on FM 1709 in the year 1997 were either rear end collisions or collisions involving red light situations. It is a good guess. Intuitively one could surmise that most accidents on a busy stop -and -go thoroughfare would occur in a rear -end collision. In 1997 in Southlake, there were 133 auto accidents on FM 1709. Of this total, 75 (56.39%) were rear -end collisions. Of these, 41 (30.82% of total) occurred at signalized intersections, and 34 (25.56 % of total) occurred elsewhere. The next -to -last paragraph in your letter really speaks to the heart of your frustration, and that of many others as well. Either people moved to Southlake when it was "country," or they moved to the area to get away from the extant traffic problems closer in to the central cities. All of us must accept the fact that the Southlake, Keller, Grapevine, Colleyville, etc., area is no longer "country." I do not believe, however, that traffic on FM 1709 is at all comparable to LBJ (M 635) as you assert. According to TxDOT, LBJ has the highest volume of traffic per lane capacity of any highway in the state. It is not that your calls have gone unheeded. It is simply a question of money. There is only so much to go around. In fact, only 2/3 of the projects approved for construction by the state have been actually funded for construction state-wide. We have been very fortunate in Southlake to have received funding for FM 1709 and, most recently, SH 114 (approximately $40 million for our portion alone). I agree, we need to make our existing lane capacity as efficient as possible. Some of what we are attempting to do on FM 1709 has been set out above. Yet there is only so much we or TxDOT can do without additional funding from Washington or Austin. Concerning your last paragraph and offer of your engineering expertise, our business compels us to employ civil engineers with P.E.s who are licensed by the state to give engineering advice on traffic/roadway issues. We also employ consultants similarly licensed. TxDOT does likewise. We appreciate your offer but as an industrial engineer, your expertise is not applicable to this situation. It is not for lack of appropriate engineering solutions that we have not solved the traffic mobility problems in Southlake. To be redundant, it is lack of funding. Mr. Willan, I understand your frustration with the traffic situation on FM 1709. We all share it. However, there are gome things we all must accept as part of daily life in the metroplex, of which our area is part. I would venture to guess that the City of Southlake involves more citizens in our government than most any other City. Having the City Council appoint "...an ad -hoc committee of citizens Mr. W. Craig Willan, P.E. May 1, 1998 Page 5 (�4'e to oversee current and future traffic mobility problems in Southlake..." as you suggest, is probably not the best use of citizen volunteers. Between the City Council, Planning and Zoning Commission, and our professional staff, we can determine the most appropriate engineering solutions for our needs. This notwithstanding, the time will come when we will need citizen input on other areas related to roadway concerns. Your offer to provide assistance will be remembered. Thank you for your input and your patience in receiving a written reply. Sincerely, Curtis E. Hawk City Manager cc: Honorable Mayor and Members of City Council i� OMEGA Engineering P. O. Box 820506 Ft. Worth, Texas 71 12 16- 97 To: The Honorable Mayor and City Counsel Members The City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Dear Mayor and Counsel Members: � @ 0 ICE Phone (817) 488-5828 E 6�2� n I 817) 488-8024 I am writing this with encouragement from other citizens in regards to the traffic dilemma we face today in Southlake. I have lived here 12 years and have seen the traffic situation grow from " no problems " to one that rivals that of LBJ freeway in Dallas. The lack of concern by the State Highway department has created almost a gridlock situation on FM1709 during morning and evening rush hour traffic. In 12 years that I have lived here we have grown from zero traffic lights on 1709 to 10 ( from Pearson Rd to Hwy 114) Granted, due to rapid growth in Southlake, traffic lights have been needed. However it appears very little intelligence has been applied to the operation of these lights, which has created gridlock conditions numerous times during the day. In addition to the inconvenience created by the signal light situation, human injuries have occurred in 1r accidents attributed to road rage or anger due to the poor programing of the lights. Citizens are running lights, speeding to catch the next green signal, turning left on red lights and generally trying to counter what the citizens see as unrealistic traffic light programming. I would venture a safe guess that 90% of the accidents recorded on FM1709 in the year 1997 were either rear end collisions or collisions involving red light situations. This data cries out with the background reason - people are fed -up with the current gridlock and are venting their anger and frustration. The problems facing drivers today on FM1709 and probably Hwy 114 are: 1) " On demand " signal light programming out of control. The State Highway department is siding with special interests in giving priority to smaller side streets over a 5 lane heavy traffic road, i.e. on 9 out of 10 lights studied, traffic flow in excess of 550 cars per hour is being stopped by cross traffic of one car. At Byron Nelsen Parkway, the programming is so bad that during rush hours, major FM 1709 traffic is being allowed on average 11.4 seconds of flow before cross traffic kicks in. Our government has always been a " majority rules" government. With todays Southlake traffic programming it appears that a "minority rules" is the governing philosophy. ?) Traffic signal equipment in obvious need of repairs, or maintenance, i.e. some signals will show left turn arrows where no cars are even present thereby holding up hundreds of cars during peak rush hours. Aerospace Consulting Engineers OMEGA Engineering N N 3) Traffic signals not allowing a left turn, except on green arrow only. This holds up traffic flow, and also shuts down major east -west traffic due to one single car needing to turn left. Only one traffic light needs a " protected left on arrow only" for safety reasons and it is the light at N. Kimball. Other FM 1709 lights in Keller allow left turns on green, as do hundreds of traffic lights in Tarrant County. 4) Traffic flow has degraded to the point that sometimes a simple four way stop sign would flow traffic better. This is certainly a sad situation, for hundreds of thousands of dollars of our taxpayers money has been spent on traffic signals in Southlake. 5) Traffic backing up from one intersection to another, i.e. Peytonville to Southridge Lakes, White Chapel to Byron. Nelsen, Byron Nelsen to Carroll, N. Kimball to Hwy 114 etc. during rush hours. This in essence `results'in a 4 mile long parking lot. Friends, we have a new highway called FM 1709. However it is in dire need of help! Local and state governments have no money for upgrades and expansion on this highway, and probably will not for several decades. Our only option is to work with what we have and make it more efficient - we must do MORE with LESS. My calls to the state highway department go unheeded, as have other individual citizens calls. The government of the City of Southlake must put its full power and influence behind the citizens' pleas for traffic flow improvement. As a business owner in Southlake, I have heard complaints from clients that ".....gee, its a real hassle to drive in Southlake now... really as bad as central Arlington or Dallas....." I have seen real estate agents shudder when they tell a potential buyer that it takes 30 45 minutes to get from Randall -Mill to Hwy 114 in morning rush hour traffic. I am an engineer by profession, one who looks at problems or situations and wants to apply good sound logic and common sense to solve them. The traffic problems in Southlake however do not require a rocket scientist to solve them. I am requesting that the City Counsel form an ad -hoc committee of citizens to oversee current and future traffic mobility problems in Southlake. Possible solutions include alternative algorithms being applied to the existing "on demand" sequencers in addition to other conventional timing techniques. Good common sense of the citizen committee will also go miles in helping the situation. Using the recommendations of the committee and the full power and influence of our city government, I believe we can make ".....lemonade out of lemons..." so to speak I stand ready to assist or serve, and pledge the resources of my engineering firm to assist also. Respectfully ) W.Craig Willan, P.E. Homeowner - 1376 Lakeview Dr / Business Owner - 175 Westwood NENN•S CLIPPING Source: Southlake Journal Date: May 1. 1998 Submitted by Maggie Dalton, Southlake Resident If you were not at the Southlake Park's and Recreation- sponsored 2nd Biannual (April and September) Camp -out at Adventure Alley last Saturday night, April 25, you mussed out on a great event! The consensus of our family is that this event was the best time our family has ever spent in Southlake since we moved here three years ago. Last year, six families participated in the camp -out. This year, approximately 90 people showed with 30 tents. The night began with pitching tents adjacent to Adventure Alley, and then sitting down to a family -style buffet catered by Sammie's Barbecue. Dinner was followed by slate night scavenger hunt, in which the children darted back and forth a*ound the area of the baseball fields and concession stands, and even took them all the way up to the White Chapel entrance to Bicentennial Park. It is the first time I ever heard my 5-year-old son say he ran out of stream. The scavenger hunt prize was bags of marshmal- lows, which we all then proceeded to roast. The evening ended with a storyteller. Every one of the Southlake Campers was unbelievably friendly... hearty handshakes and introductions everywhere, offering of -ssistance when pitching tents, continual smiles and laughter. Just for one night, there were no brick walls separating us from one other. I noticed a few people sleeping without tents, and I know that at least one of them (maybe all of them) was a Parks and Recreation staff member. What dedication! The young staff members were incredibly organized, but more importantly, their genuine smiles make me believe they have already figured out that working in a profession you love is true wisdom. The night gave me a new perspective on my priorities, and how wonderful the simple pleasure of life can be. If you want to get away from it all, drive a couple nules and come to the next gathering! Take it from a weary and sore camper- do your back exercises before you go, and make sure you come with a thick pillow, and ample padding to go under your sleeping bag. U � l 0°Eo ..G=1� N o g a� � �$ 0 u w W E a m1:6 U y8 >U ca $w gU AHU 0 Q C I.i p CT) x •-, A N �. .-, E a Z y .� r4 N Ug N A� a OcAny c o V m �� M.2p a o c gAca gUU$ $USA gUUg A C M to p Z w� U O> �D U y .� E a >>, a I > E a b aQ U a p ~ 3 .� CO U 2 ON o U U > x $O��' `^ V x v � ¢ %. E U 8> 8 8�8u 8� vs t� 6� �+ C ro • cn` a `c xri �.o.I w Q C Nim rN �i Q. Q +' e c.� a ppa E Q oa i2 Q �-+ � oo . w N � m a x N E a oo d g w ao W o Le w May 4, 1998 Keep Southlake Beautiful 7:00 p.m. Old Union Rm May 5, 1998 City Council 7:00 p.m. Council Chamber Mav 6, 1998 Youth Action Committee 7:00 p.m. White's Chapel Rm May 7, 1998 Drug and Alcohol Committee 6:00 p.m. White's Chapel Rm. Fanning & Zoning Comm. 7:00 p.m. Council Chamber Brumlow Reconstruction/ Realignment to Begin Pending City Council approval on May 5, Brumlow Ave. will be closed from Continental Blvu. to Highway 26, beginning May 6. Tarrant County will be reconstructing and realigning the road. The road will be closed Monday through Friday from 7:00 a.m. to 3:00 p.m. The project is expected to take 110 days to mplete. city manager's report May 1, 1998 City Council Meeting May 5, 1998 The following items will be addressed at the regular City Council meeting on May S, 1998 sii; Consent Agenda: A) Award of bid to Reynolds Asphalt for reconstruction and paving improvements to Burney Lane B) Authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for design of water system improvements along Dove Street C) Authorize the Mayor to enter into a professional services agreement with Dunaway Associates, Inc. for design of sanitary sewer -Love Henry Ct. D) Resolution 98-33, Approving grant agreement for Cottonbelt Trail E) Resolution 98-32, Establishing boundary adjustments between the'City of Southlake and the City of Grapevine Ordinances, second readings. public hearings, and related items: A) Ordinance 480-273, Rezoning and Concept Plan for Creekside Office, J.V., located on the south side of FM 1709 approx. 600' east of Byron Nelson Parkway (#9e) B) Ordinance No. 622-B, Providing the Building Board of Appeals the authority to hear appeals pertaining to the cross -connection policy C) ZA 98-028, Concept plan for Florence Elementary (#15) D) ZA 98-019, Site Plan for Lot A, Block C, Briarwood Estates, Ph. I, located on the NW corner of Briarwood Drive and S.H. 114 (#6) E) Resolution 98-30 (ZA 98-027), Specific Use Permit for Explorer Pipeline, located on south side of E. Continental Blvd. at the intersection of E. Continental Blvd and South Kimball Avenue (#7) Ordinances, first readings, and related items: A) Ordinance No. 653-A, Amending the ordinance creating the Senior Advisory Commission Resolutions: A. Resolution 98-29, Appointment of Mayor Pro Tern and Deputy Mayor Pro Tern Other items for consideration A) Sign Variance for Scooter's Superstore at 2115 E. S.H. 114 May 1998 Monthly Planner Sunday...-ly Tuesday Wednesday.. ..Saturday 1 2 PACKET w Kite Festival 3 4 5 6 7 8 9 it7:00 I'M KSB/Old Union 7:00 PM City Council/C.C. Chamber 7:00 PM SYAC/ White Chapel 6:00 PM Drug & AlcohoVWhite's Chapel 7:00 PM P&Z C.C.Chamber 10 11 12 13 14 15 16 5:30 PM Youth 1:00 PM Sr. Advi- 7:00 PM Sister 7:00 PM JUC/ 10:00 AM Comm. Park Board/DPS sory Comm./Sr. Cities/ADMIN Admin Developer's 6:30 PM Park Board/Council Center 7:00 PM SPIN/ Joint City Coun- Roundtable/CC PACKET Chamber cil -Sr. Cntr. Sr. Center Open House 17 18 19 20 21 22 23 6:00 PM SPDC/C. 7:00 PM City 4:30 PM SPIN C.Chambe- Council/Council Exec./Sr.Cntr 7:00 PM Histori- Chamber 6:00 PM Drug & cal Society/ Alcohol/White's Lodge Chapel 7:00 PM P&Z C.C.Chamber 24 25 26 27 28 29 30 Chamber PACKET Luncheon �� . City Holiday 31 April June S M T W T F S S M T W T F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 -7 28 29 30 28 29 30 Printed by Calendar Creator Plus on 4/30/98 WA City of Southlake, Texas MEMORANDUM May 1, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of bid to Reynolds Asphalt, Inc. for reconstruction and paving improvements to Burney Lane from the cul-de-sac to approximately 1250 feet along Burney Lane BACKGROUND The design and engineering for the proposed reconstruction of a portion of Burney Lane are complete and bids have been received. Advertisement was published on April 5 and April 12, 1998, and bids were publicly opened and read aloud on April 22, 1998. This project includes the portion of Burney Lane from the cul-de-sac to approximately 1250 feet westward. The estimated cost of the proposed project is $56,000. Low bidder for this project is Reynolds Asphalt, Inc. with a low bid of $64,523. BID TABULATION Please refer to the attached bid tabulation sheet. FUNDING/FISCAL IMPACT Funds were allocated in the 96-97 CIP budget. The estimated cost was calculated last year and does not reflect the increases in construction costs since that estimate was provided. RECOMMENDATION Staff recommends Council award the bid for street improvements to Burney Lane from the cul-de-sac to approximately 1250 feet westward to Reynolds Asphalt, Inc. in the amount of $64,523. Please place this item on the May 5, 1998 Regular City Council Agenda for City Council review and consideration. B W/cre Attachments: Bid Tabulation Site Map o g g$$ g$ g g o o$ o cIn 10 tni ro t � rn Q V O r t2 t0 �D fV c7 N 0 N 10so N U d r N 0 0 0 o Si �i a voi o 0 0 o J XLu X~ O m~ Z N V Z O O O 7 a (V `° O r OO a• m w O N r r a a d ° m 0 0 ri F- 0 0 o 0 0 0 0 0 0 0 0 �-i 0 0 o 0 0 0 0 0 o 0 0 vi 0 0 vi 0 0 o 0 0 0co 0 0 o 0 0 ri en �i n rn rn m voi �i V O O N O 10 Of f0 tD d U1 N N N O Q a(y N O w O O O r O 0 O 0 O 0 N 0 i0 0 0 0 0 0 0 Z Q) D O W N O w Z pOp O� O N O N Vl O O N N N O N w O o N m J n f� fn a d Y m m t0 N o O O O O O O u0 O M pp 0� O O O u0 tD d O O o O 0 O t0 fV U O O O A d O r N O O N O O h W F- W O N d N f") t0 10 O N O m N Ol O (0 N O Q? LQ N O cn z> a °' N N 0 M O z X a N o d N W o 0 o m rn rn o rn rn o 0 0 Z N 0 O �... S W Q (� N N w Z U S Clt O O N LL"i �0 O co IO f0 �A Z ro n r vl m J O Q m O m a O O O O 01010 O O O O 00 O O o O O O O O O O � N r O r O O N r 0 0 0 0 0 0 0 0 n O O N O r N c0 <0 O O O N J O O N cD N N d N �0 q O 0 a LL N r N N N X rm p F m- o 0 O 0 O 0 pp Ot u'1 N O 7 O O N r O O o O 0 O 0 O J O O N N m �_ O a 00 C1 m l/J z w w f n Z ] ui Y J w O w < a m m a w a0 °� m pp pp pp d O t"J aC7 Z O H Q Z J J 0 0 N 0 0V) J W J � W F- m F U Q 0 O OU > m U Y U � p Y U_ J = a 0 O w ¢ a U Z 0 U Z Z ( w W w j p Q U Z } J ¢¢ O Q Q 2 m:i W 0 U } U O z w w U Q W Q U U a g m ui a m' vi J J ~ W U (7 LL~ N a c5 N a= � NCL m Z Q� 0 w J r_' g WO F- Z 0 Q z>� a 3 > a ¢ o Q X Q W w O O U rw w W 0 U U to J a X u 2 a s U 0 p p m m w Z m Q F- a N w O _ c� U U y N a U z N Z z X a d w 0 W Z o WW H o o a wa w U Z v= m w z J 0 0 J p p Q Q F zo W ZZ J 2 N p U Q � W 2 K Fw-- U Z p Z U Z � _ F- p p Z Q p L Q O U J ea 0 m O Oj a0a rz UNw a W o Z 0 Q z <W U m > 2 U OQ O d iv iv U e F- W m ~z UF- w Z Q 0 zO p <O D wCD Co N M d �0 �O r m 0� O` :N0 City of Southiake Proposed Burney Lane Improvements No Scale 5A-3 Public Works - GIS r VRy VI VVULI 110MV, I VAQJ MEMORANDUM May 1, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for the design of water system improvements consisting of a 12-inch water line extending along Dove Street, from White Chapel Boulevard to North Carroll Avenue BACKGROUND A 12-inch water line has been proposed to replace an existing 6-inch line along Dove Street from White Chapel Blvd. to North Carroll Ave. This proposed line is part of the City's Master Water System Plan and will increase current service capacity. The proposed water line will create higher capacity loop to ensure continuous water service to the northeast part of the City in the event of a line break. The increased flow also ensures proper water pressure and fire flows are maintained. Cheatham and Associates have provided a proposal for the engineering and design of the proposed 12-inch water line at a cost of $39,575. The engineering is necessary to determine any easements that may need to be acquired prior to construction of the proposed line. The CIP budget provides a total of $285,000 for this project. The engineering costs are provided for in the FY 97-98 CIP budget and the construction costs are provided for in the FY 98-99 CIP budget. RECOMMENDATION Staff recommends Council authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for the design of water system improvement consisting of a 12-inch water line extending along Dove Street from White Chapel Blvd. to North Carroll Ave. Please place this item on the May 5, 1998 Regular City Council Agenda for City Council review and consideration. BW/cre Attachments: Professional Services Agreement Site Map CHEATHAM AND ASSOCIATES April 22, 1998 Mr. Robert Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Proposal for Providing Professional Services in Connection with the Design of Water System Improvements Consisting of a 12" Water Line Extending along Dove Road, from White Chapel to North Carroll Ave. CONSULTANT'S UNDERSTANDING The City of Southlake continues to grow along the S.H. 114 corridor. As a result of this growth, it will be necessary to provide more potable water to this area from the existing elevated water .WAWAW- tank on White Chapel at Dove Road. Therefore, it is proposed that a 12" water line be constructed along Dove Road from White Chapel to North Carroll Ave. (See attached map). This line is shown on the city's water master plan. As a result of this line being constructed, the city's water system will be improved considerably in the area north of S.H. 114 from White Chapel to North Carroll, as well as the area east of North Carroll. The project will include the surveying, design, bidding and contract administration of the proposed construction. SCOPE OF SERVICES 1.0 Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation, if required, will also be furnished. (See Item 3.2) "'ftmw- ENGINEERS - PLANNERS - SURVEYORS A Subsidiary Firm of So est Planning and Design, Inc. 1601 E. Lamar Blvd. - S 5B-2 700 - Arlington, Texas 76011 817/548-0696 - Metro toD-8836 - Fax 817/265-8532 Mr. Robert Whitehead, P.E. City of Southlake 2.0 Engineering April 22, 1998 Page 2 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the water line. The design will be in accordance with applicable state and local regulations. 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice -to -proceed. 2.4 Periodic on -site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of certificate of completion. 3.0 Easements 3.1 Our firm will conduct the search for deeds and conduct other research at the Tarrant County Courthouse necessary for the preparation of the required easements. 3.2 We will then prepare the legal (metes & bounds) descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base line(s). 3.3 This element includes preparation of the final written easement document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, nor participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish full-time on -site construction inspection, but will make periodic visits to the site, and will be available for plan interpretations. FEE We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as -built plans for a flat feet of $21,500.00 for engineering, $8,250.00 for surveying, and $9,825.00 for easements, including design surveys and construction staking. (See attachment "A" for cost breakdown.) 5B-3 Mr. Robert Whitehead, P.E. City of Southlake TERMS April 22, 1998 Page 3 Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, Eddie Cheatham, P.E. FAWORD\PROPOSAL\SOUTHLAK\Water Line Dove Rd.wpd Attachment AUTHORIZATION TO PROCEED: Accepted this Title: day of , 1998 ATTACHMENT "A" ENGNEERING/SURVEYING FEE CALCULATION: PRELIMINARY DESIGN PHASE: Field Crew $ 75.00 x 70 hrs...... $ 5,250.00 Staff Engineer $ 75.00 x 48 hrs..... $ 3,600.00 Cad Technician $ 55.00 x 60 hrs...... $ 3,300.00 SUB -TOTAL ...... $ 12,150.00 FINAL DESIGN PHASE: Staff Engineer $ 75.00 x 100 hrs..... $ 7,500.00 Cad Technician $ 55.00 x 80 hrs...... $ 4,400.00 SUB -TOTAL ...... $ 11,900.00 EASEMENTS: Field Crew $ 75.00 x 36 hrs...... $ 2,700.00 Staff Engineer $ 75.00 x 40 hrs .....$ 3,000.00 Cad Technician $ 55.00 x 75 hrs...... $ 4,125.00 SUB -TOTAL ....... $ 9,825.00 CONSTRUCTION PHASE: Field Crew $ 75.00 x 40 hrs...... $ 3,000.00 Staff Engineer $ 75.00 x 36 hrs...... $ 2,700.00 SUB -TOTAL ......... $ 5,700.00 TOTAL SURVEYING ......................................... $ 8,250.00 TOTAL ENGINEERING ...................................... $ 21,500.00 TOTAL EASEMENTS ........................................ $ 9,825.00 TOTAL FEE ........................................ $ 39,575.00 s8-5 A, U V1LY VI JVULI11CIRV, ICJCdJ MEMORANDUM May 1, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to enter into a professional services agreement with Dunaway Associates, Inc. for the design of a sanitary sewer line in Southlake Estates (Love Henry Court) BACKGROUND As part of the FY 97-98 CIP budget, Southlake Estates is scheduled to receive street improvements this year, consisting of the reconstruction of Love Henry Court. To avoid disturbing the new pavement it has been proposed that sanitary sewer be installed in the subdivision prior to the street improvements. The attached proposal from Dunaway Associates, Inc. is for the engineering and design of the proposed sanitary sewer. The total cost provided by the proposal for the design is $13,500. Funding for this project is provided in'the FY 97-98 CIP budget. RECOMMENDATION Staff recommends Council authorize the Mayor to enter into a professional services agreement with Dunaway Associates, Inc. for the design of a sanitary sewer line in Southlake Estates. Please place this item on the May 5, 1998 Regular City Council Agenda for City Council review and consideration. BW/cre Attachment: Proposed Agreement 5C-1 STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That the City of Soutlmlake, a municipal corporation situated in Tarrant County, Texas, acting herein by and through Mr. Rick Stacy, its duly elected Mayor, hereinafter called "City", and Dunaway Associates, Inc., acting herein by and through James E. DCOtte, P.E., its duly authorized Vice President, hereinafter called "Engineer", hereby make and enter into the following agreement: ARTICLE 1. SERVICES Section 1. For and in consideration of the covenants herein contained, Engineer hereby covenants and agrees as an independent contractor, to perform the services hereinafter described with diligence and in accordance with the professional standards customarily obtained for such services in time State of Texas. The services to be performed by Engineer hereunder shall include design of 3,500 feet of sewer line in association with Love henry Court road improvements. Section 2. The services to be performed by Engineer shall also include the following (also see Attachment #l): 1) When requested by the City, the Engineer shall attend preliminary conferences with authorized representatives of the City regarding the project and such other conferences as may be necessary in the opinion of the City so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to instruction from the City. 2) The Engineer shall attend such conferences with officials of other agencies as may be necessary in the opinion of the City for coordination of the proposed street and storm drain improvements with the requirements of such other agencies. It shall be the Engineer's duly hereunder to secure necessary information from such agencies. 3) The Engineer shall advise the City with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The Engineer shall also advise the City concerning the results of same. Such surveys, tests, and investigations shall be made only upon authorization by the City. 4) During the Concept Phase the Engineer shall coordinate with all utilities as to any proposed utility lines or adjustment to existing utility lines within the project limits. The Engineer shall show the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines. The Engineer shall also evaluate the phasing of the utility work as a factor in the actual drainage improvements as a part of the final plans of the project (Phase 3). 5) The Engineer shall provide necessary field surveys. 6) Engineer shall provide detailed design data, cross -sections, profiles, drainage calculations, estimates of cost and complete detailed plans and specifications. 7) The Engineer shall submit three (3) copies of plans in preliminary form. The engineer shall submit to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary plans shall indicate location of existing/proposed utilities and storm drain lines. 8) The Engineer shall furnish three (3) copies of detailed Final Drawings and three (3) copies of Specifications for Construction as authorized by the City for use in obtaining bids, awarding contracts, constructing and completing the proposed improvements. The Engineer shall furnish and indicate on the plans the location of existing and proposed utilities and storm drains. 9) The Engineer shall furnish ten (10) copies of Final Construction Drawings and ten (10) bound copies of the Contract Documents containing the Notice to Bidders, Proposal, Labor Rates, Experience Records, General and Special Provisions, Specifications, Insurance Statement, Performance and Payment Bonds, and Contract forms. \.� 10) The Engineer shall furnish two (2) copies of detailed cost estimates and proposals for authorized construction, which shall include summaries of bid items and quantities. SC-2 9904600C_twt2.wpd 1 I) The Engineer shall secure the approval of the City of the final plans and specifications. Evidence of such approval shall be the signatures of authorized City officials inscribed on the plans. All Contract Documents shall comply in all respects with applicable local, state, and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of the Engineer, its officers, agents, employees and subcontractors for the accuracy and competency of the services performed hereunder, including but not limited to designs, working drawings and specifications or other engineering documents. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any error, omission, defect or negligence in the performance of such services, it being the intent of the parties that approval by the City signifies the City's approval of only the general design concept of the improvements to be constructed. 12) The original drawings of all plans shall be drawn in ink on approved plastic film sheets, or as otherwise approved by the City Engineer, and shall become the property of the City. City may use such drawings in any manner it desires; provided, however that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein. 13) The City shall pay for necessary soils testing and furnish a report of the test information to the Engineer for its use. 14) The Engineer shall determine the rights -of -way and easement needs necessary for the construction of the project and furnish same to the City. The Engineer shall advise the City of necessary land survey, Deed and Abstract Records search, rights -of -way maps, and descriptions of properties to be acquired upon authorization from the City. Preparation of these documents shall be considered an extra charge. ARTICLE II. COMPENSATION For all engineering services performed hereunder, including local travel, supplies and incidentals the City agrees to pay the Engineer a fee in an amount equal to 2.5 times the salary cost of its employees engaged on the project. Salary cost shall be equal to the cost of salaries of employees" time directly chargeable to the project, plus 32 percent for social security contributions, unemployment, excise and payroll taxes, unemployment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. The following hourly salary rates shall apply to this contract: Maximum Position Salary Cost Principal $47.85/Hour Project Manager $34.90/Hour Senior Engineer $27.00/Hour Senior Technician $22.25/Hour Technician $19.25/Hour Senior Draftsman $17.75/Hour Draftsman $12.00/1-lour Administration/Clerical $15.00/Hour The City shall pay the Engineer for all subcontract work authorized by the City at the actual invoice cost. The City shall pay the Engineer for reproduction work at the current commercial rates. In no event shall the payment by the City for all work and services performed hereunder exceed the total sum of $13,500.00 for engineering and surveying as outlined in this contract. Partial payment shall be made monthly upon receipt of an invoice from the Engineer outlining the amount of hours worked by each employee, the employee's name and classification, and the employee's salary rate along with itemized charges for any subcontract, reproduction and survey work performed during the period covered by said invoice. The aggregate of such monthly partial payments shall not exceed the following: Until satisfactory completion of Phase 1 hereunder, a sum not to exceed 35% of the maximum fee. 9&W000_Cwima..pd 5C-3 Until satisfactory completion of Phase 2 hereunder, a sum not to exceed 85% of the maximum fee, less previous payments. Until satisfactory completion of Phase 3 hereunder, a sum not to exceed 90% of the maximum fee, less previous payments. Until satisfactory completion of Phase 4 hereunder, a sum not to exceed 100% of the maximum fee, less previous payments. ARTICLE Ill. PHASES AND SCHEDULES Engineering work on this project shall be completed according to the following schedule: Phase 1: Concept designs, alternatives, studies and reports in sufficient detail to indicate generally the problems involved and the alternate solutions available including layouts, general right-of- way needs, cost estimates and the Engineer's recommendations. Preliminary construction plans and detailed right-of-way requirements shall be submitted for review by the City and utility companies and other agencies within 60 calendar days after Notice to Proceed. Phase 2: Final construction plans and specifications shall be submitted for final review within 21 calendar days after receipt of City's Phase I review comments. Phase 3: Advertising/Bidding Phase shall take approximately 45 days. Phase 4: Construction/As Built Phase shall run for the duration of construction (estimated to be 180 days). Upon completion, the Engineer shall provide one (1) set of As -Built Drawing with .DWG files. ARTICLE IV. COORDINATION WITH OWNER The City shall make available to the Engineer for use in performing services hereunder all existing plans, maps, field notes, statistics, computations and other data in the City's possession relative to existing facilities and to the project. ARTICLE V. PROGRESS REPORT The Engineer shall submit monthly progress reports to the City Engineer. ARTICLE VI. TRANSFER OF CONTRACT The Engineer shall not assign, sublet or transfer, in whole or in part, its interest in this agreement with the prior written consent of the City. ARTICLE Vll. TERMINATION OF CONTRACT Section 1. The city may terminate this contract at any time and for any cause by a notice in writing to the Engineer. Upon receipt of such notice the Engineer shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this contract. Section 2. If the City terminates this contract under the foregoing Section 1., the City shall pay the Engineer a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by the Engineer up to the date of termination of the contact and for subcontract, reproduction, and survey work in accordance with the method of compensation stated in ARTICLE It. hereof. Section 3. All completed or partially completed reports prepared under this contract, including the original drawings, shall become the property of the City when the contract is terminated, and may be used by City in any manner it desires; provided, however, that time Engineer shall not be liable for the use of such drawings for any project other than the project described in this contract. ARTICLE Vlll. INDEPENDENT CONTRACTOR Engineer covenants and agrees that it will perform the work hereunder as an independent contractors, and not as an officer, agent, servant, or employee of the City; that the Engineer shall have exclusive control of and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of respondent superior shall not apply as between the City and the Engineer, its officers, agents, employees, 9s04600_contrwt2.pd SC-4 contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Engineer. ARTICLE IX. DISCLOSURE By signature of this contract, the Engineer warrants to the City of Southlake that he has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed project and business relationships with abutting property owners. The Engineer further warrants that he will make disclosure in writing ofany conflicts ol'interest which develop subsequent to the signing of this contract and prior to final payment under the contract. ARTICLE X. INSURANCE The Engineer shall not commence work under this contract until it has obtained Professional Liability Insurance as required hereunder and such insurance coverage has been approved by the City. Such insurance shall be in the minimum amount of $250,000.00 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained throughout the period which Engineer furnishes its services hereunder and shall not be canceled, modified or altered in any manner without prior written notice to the City. In this connection, upon the signing and return of this contract by the Engineer, a copy of the insurance policy shall be furnished to the City as evidence that the insurance coverage required herein has been obtained by Engineer, and such policy shall contain the provision that such insurance shall not be canceled, modified or altered by the insurance company without thirty (30) days prior written notice to the City. ARTICLE XL RIGHT TO AUDIT (a) The Engineer agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Engineer involving transactions relating to this contract. The Engineer agrees that the City shall have access during normal working hours to all necessary Engineer facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give the Engineer reasonable advance notice of intended audits. (b) The Engineer further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such consultant, involving transactions to the subcontract, and, further, that City shall have access during normal working hours to all consultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. The City shall give the consultant reasonable advance notice of intended audits. ARTICLE XII. VENUE Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas. IN WITNESS WHEREOF, the parties hereby have executed this agreement in triplicate originals on this date, the _ day of 1998. CITY OF SOUTHLAKE DUNAWAY ASSOCIATES, INC. (ENGINEER) By: By: A 1 1 Mr. Rick Stacy, Mayor Jam s E. DeOtte, P.E., Vice President Address: 1501 Merrimac Circle, Suite 100 Fort Worth, Texas 76107-6572 ATTEST: ATTEST: City Secretary 9804600 Cw u"%2..pd SC-5 Secretary Attachment # 1 SCOPE OF SERVICES Acquire topographic survey of channel, banks, road crossings, and other features within the channel and floodplain as required for engineering design. 2. Prepare engineering plans, specifications and cost estimates for installation of 3,200 feet of 8" sewer line. NOT INCLUDED 1. Geotechnical Investigation 2. Permitting 3. Easement Preparation 98046C0 SccpeOfServices2.wpd 5C-6 2102- 463L Eo a (5b SuFt,06 A, "000 T SuFtvey A 706 I c j —77 �- wo Is KE. ES 5Tk Is Is CINCLI Is c, ALL SUR6VCY 6 b ,ILL A,L• ROE 8 CREEK 4 Is-c —1 �F L1 ST 1 3 EKE Is 12 Is qL j-8j Ey 1. Uft 12, 5Yj Is Is Is SC-7 Is A City of Southlake, Texas MEMORANDUM April 30, 1998 TO: Curtis E. Hawk, City Manager FROM: Ben Henry, Park Planning and Construction Superintendent SUBJECT: Resolution 98-33, Approving the execution of the grant agreement with the Texas Department of Transportation for the Cottonbelt Multi -Use Trail Project As you know, the City of Southlake received a grant from the Texas Department of Transportation through the Statewide Transportation Enhancement Program and the Congestion Mitigation and Air Quality Program to develop and construct a portion of the Cottonbelt Multi -Use Trail. This grant provides 80 % of the funding for the project, leaving the city responsible for only 20%, which in Southlake's case is only $48,000. In conjunction with the Cities of Colleyville and North Richland Hills, this section of the Cotton Belt Multi -Use Trail will be constructed along S.H. 26 from Precinct Line Road to the Grapevine city limits. The three cities have combined their efforts on this project, with North Richland Hills taking the lead on the development and construction of the trail. This resolution authorizes the Mayor to sign the agreement with TxDOT, formally establishing our relationship with the state on this project. The agreement has been reviewed by the City Attorney. If you have any questions about this item, please feel free to call me at 481-5581 extension 824. 3-D - l ! r City of Southlake, Texas RESOLUTION NO. 98-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE EXECUTION OF THE GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE COTTONBELT MULTI -USE TRAIL PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Trail System Master Plan identified the Cottonbelt Multi -Use Trail as a significant regional transportation enhancement project for pedestrians and bicyclists; and WHEREAS, the City applied for and has been awarded statewide transportation program grant funds for development of the Cottonbelt Multi -Use Trail; and WHEREAS, the City has approved an Interlocal Agreement with the cities of North Richland Hills and Colleyville to participate together in the design and construction of the Cottonbelt Multi -Use Trail; and WHEREAS, the City Council has designated funding for the City's share of the Cottonbelt Multi -Use Trail Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That all of the above premises are true and correct and are hereby incorporated into this resolution as if copied in their entirety. SECTION 2. That the City Council hereby authorizes the execution of the Grant Agreement with the Texas Department of Transportation for the Cottonbelt Multi -Use Trail Project. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. i PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE ON THIS DAY OF ,,5D -a 1998. City of Southlake, i exas �r r Resolution No. 98-33 i Page 2 I i ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney Date: D: \ W D. FR.M RMLUTT9!-33. DOCAD A Mayor Rick Stacy D3 (taw STATE OF TEXAS § COUNTY OF TRAVIS § Agreement No. 02-104 Tarrant County CSJ:0902-48-331, 337, & 339 Cities: North Richland Hills, Colleyville, & Southlake Project: Cottonbelt Multi -use Trail 20% Local - 80% Federal (STEP) 21% Local -.79% Federal (CMAQ) A G R E E M E N T (STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM) F O&& (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the North Central Texas Council of Governments, a Metropolitan Planning Organization, acting by and through the Cities of Colleyville, Southlake, and North Richland Hills, Texas, acting by and through the Tri-City Trail Committee, hereinafter called the "TCTC". W I T N E S S E T H WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101 et seq., establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Section 133 establishes a statewide transportation enhancement program ("STEP") to contribute to the attainment of a national ambient air quality standard to be impledented by the States' Transportation 04/16/97 Page 1 of 15 SD-4/ Agencies; and WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies, and WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, on the _ day of , 19_, the City of North Richland Hills, City of Southlake, and the City of Colleyville entered into a Interlocal Agreement, forming the Tri-City Trail Committee, to cooperate in the development and construction of the Project which would benefit all parties. This Interlocal Agreement is attached as Exhibit "D" and made a part of this agreement. WHEREAS, the State and the TCTC desire the improvements to the Cottonbelt Multi -Use Trail, (CSJ: 0902-48-337) From: Reagan Road to Big Bear Creek in the City of Colleyville; Southlake Highway 26/Cottonbelt Trail, (CSJ: 0902-48-339) From: Brumlow to Colleyville City Limits in the City of Southlake; and Cottonbelt Multi -Use Trail, (CSJ: 0902-48-331) From Meadow Lakes Road to Precinct Line Road in the City of North Richland Hills, as shown in attached "Exhibit A,' to be hereinafter identified as the "Project;" and WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of funding for the Statewide Transportation Enhancement Program (STEP) and the Congestion Mitigation and Air Quality Improvement Program (CMAQ) will not exceed eighty percent (80%) of the cost of the Project; and WHEREAS, the TCTC has offered to participate in 'the development and construction of the Projects by providing funding, preparing the design documentation, acquiring the necessary right-of-way, accomplishing utility adjustments and other necessary items required by the State; and i 04/16/97 Page 2 of 15 SD-5 WHEREAS, on the _ day of 19_, and the Colleyville City Council passed Resolution No. attached hereto and identified as "Exhibit B", authorizing the City's participation in the development of the Project; and WHEREAS, on the _ day of , 19_, and the Southlake City Council passed Resolution No. attached hereto and identified as "Exhibit B", authorizing the City's participation in the development of the Project; and WHEREAS, on the _ day of 19_, and the North Richland Hills City Council passed Resolution No. , attached hereto and identified as "Exhibit B", authorizing the City's participation in the development of the Project; and WHEREAS, the State will secure the federal cost share, provide other items as required; and WHEREAS, on the 30th day of November, 1995, and on the 28th day of August, 1996, the Texas Transportation Commission passed Minute Order 106549, and Minute Order 106939, attached hereto and identified as "Exhibit C", authorizing the Projects through the State Transportation Improvement Program; A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT A. The State and the TCTC agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. The State and (41AII 04/16/97 Page 3 of 15 J the TCTC also agree that each individual City will be responsible for it's Project. The financial matters regarding each project will be kept separate from each other for billing purposes. B. Each City will continue to provide maintenance for all city roads and/or trails within the limits of the Project until the State's concurrence in the award of the construction contract has been received in writing. 3. RIGHT-OF-WAY - Multiple Use Agreement and/or Railroad Agreement A. The City of Southlake desires to use State right-of-way for the purpose of constructing and maintaining a hike and bike multi -use trail. The City of Southlake will be responsible for completing a Multiple Use Agreement attached hereto and identified as Exhibit "E" with the State prior to starting any construction for this enhancement project. B. If applicable, the Cities of Colleyville, Southlake, and North Richland Hills will be required to complete a Railroad Joint Use Agreement, where the Project is on Railroad right-of-way. The Cities of Colleyville, Southlake, and North Richland Hills shall furnish the State a copy of the agreement between the Cities of Colleyville, Southlake, and North Richland Hills and the Railroad prior to the execution of this agreement. The executed agreement between the Cities of Colleyville, Southlake, and North Richland Hills and the Railroad is attached hereto and identified as Exhibit "F". C. In the event right-of-way is required for the project, the TCTC shall notify the State prior to any acquisition. 4. ACQUISITION OF RIGHT-OF-WAY The TCTC shall perform necessary requirements to provide the desired right-of- way required for the construction of the Project. The TCTC will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq., including those provisions relating to incidental expenses incurred by the property owners. 04/16/97 Page 4 of 15 SZ)-7 Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. 5. UTILITY ADJUSTMENTS/RELOCATIONS If the required right-of-way encroaches upon existing utilities and the proposed highway and/or trail construction requires the adjustment, removal or relocation of such utility facilities, the TCTC and its consultant will establish the necessary utility work and notify the appropriate utility company to schedule their adjustments. The TCTC shall be responsible for all costs associated with the adjustment, removal or relocation of such utility facilities, and such adjustment, removal or relocation shall be in accordance with applicable State law, regulations, policies and procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the TCTC will be responsible for all costs associated with the additional utility work. 6. CERTIFICATION The TCTC shall provide to the State forty-five (45) days prior to the construction contract let date, a certification that all right-of-way has been acquired, all environmental problems have been remediated, and all conflicting utilities have been adjusted to clear the proposed construction. 7. ENVIRONMENTAL MITIGATION A. The TCTC will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Projects. The TCTC shall provide to the State written certification from the appropriate regulatory agency(s) or their designated representative that the environmental problems have been remedied. The State will not let the construction contracts until all environmental problems have been remediated by the TCTC. B. All costs associated with the remediation of the environmental problems shall be the responsibility of each City and/or the property, owners. These 04/16/97 Page 5 of 15 .S D` Q M costs will not be reimbursed or credited towards each City's financial share of the Project. 8. ENGINEERING SERVICES A. The TCTC will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications and estimates (P.S.& E). Development of the preliminary engineering shall include environmental assessment and holding of a public meeting and/or public hearing. The TCTC must comply with applicable State and Federal rules and procedures in the selection of its consultant. The selection procedures to be utilized by the TCT must have prior approval by the State and shall comply with 23 CFR Part 172. The TCTC shall not begin the consultant selection process until written authorization has been issued by the State. B. The P.S.& E. shall be developed by the TCTC or its consultant in accordance with the State's latest, Standard Specifications For Construction Of Highways, Streets And Bridges and AASHTO Guide for Development of Bicycle Facilities or its currently approved revisions. C. The TCTC shall submit the completed P.S.& E. to the State for review and approval. Should the State determine that revisions are required to the P.S.& E., the TCTC shall make the necessary revisions. The State will not authorize the construction until the P.S.& E. have been approved by the State. D. The TCTC will submit to the State all documentation relating to actual costs incurred associated with the development of the preliminary engineering and the P.S.& E. Reasonable costs incurred after the TCTC receives written authorization by the State will be eligible for reimbursement at an amount not to exceed seventy-nine percent (79%) of the actual cost for CSJ: 0902-48-331, and not to exceed eight percent (80%) of the actual cost of CSJ: 0902-48-337 and 0902-48-339. The TCTC shall comply with the cost principles established in OMB Circular A-87, "Cost Principle for State and Local Governments". 04/16/97 Page 6 of 15 LSD-9 M 9. PROJECT FUNDING A. The total construction costs, and P.S.& E. for the Project is estimated as follows: CSJ: 0902-48-331 (CMAQ) City of North Richland Hills CSJ: 0902-48-337 (STEP) City of Colleyville CSJ: 0902-48-339 (STEP) City of Southlake Federal Share Local Share Total $1,362,750 $ 362,250 $1,725,000.00 $ 848,064 $ 212,016 $1,060,080.00 $ 192,000 $ 48,000 $• 240,000.00 Total: $3,025,080.00 B. The State will be responsible to secure the federal share of the funding required for the development and construction of the Project. The TCTC will be responsible for any non-federal participation costs associated with the Project. C. Upon execution of this agreement, each member of the TCTC will remit a check or warrant made payable to the "Texas Department of Transportation" as follows: City of North Richland Hills $3,622.00 (1% of local participation) City of Colleyville $2,120.00 (1% of local participation) City of Southlake $2,400.00 (5% of local participation) The funds will be utilized by the State to review the engineering documentation and other incidental costs for each individual project. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the TCTC that its financial share for the State administrative oversight cost is required. Each City shall remit a check or warrant in the amount established by the State within thirty (30) days from receipt of the State's written notification to the address provided herein. E. In the event the State determines that additional funding is required by the TCTC at any time during the development of the Project, the State will i notify the TCTC in writing of the additional amount. Each City will make 04/16/97 Page 7 of 15 ,5b- lo payment to the State within thirty (30) days from receipt of the State's notification. Upon completion of the Project, the State will perform an audit of the costs and any funds due to each City will be promptly returned. 10. CONSTRUCTION RESPONSIBILITIES A. The TCTC will be responsible for the construction of the Project. Actual construction shall be performed by contract awarded by.competitive bidding. The TCTC shall comply with the applicable regulations and requirements established in 23 CFR Part 635, Subparts A, C and D. The TCTC shall develop written construction contract procedures for the State's review and approval. The TCTC shall not initiate the bidding process until approval of the procedures has been obtained from the State and a "Letter of Authority" for construction has been issued by the State. B. In accordance with the requirements established in 23 CFR Part 633, Subpart A, the TCTC shall include the latest version of Form "FHWA-1273" in the contract bidding documents. The required contract provisions contained in Form FHWA-1273 shall apply to all work performed on the contract by the contractor's own organization and to all work performed on the contract by piecework, station work or by subcontract. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the requirements contained in the provisions of Form FHWA-1273. C. Any change orders, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the TCTC and subject to the approval of the State. The TCTC will provide or cause to be provided construction inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved contract documents. The State will perform periodic reviews of Project construction to ensure compliance with applicable regulations. D. The TCTC shall submit to the State all documentation relating to the actual 04/16/97 Page 8 of 15 s t) -// 51 costs incurred associated with the construction and construction management of the Project. Reasonable costs incurred after the TCTC has obtained written authorization from the State will be eligible for reimbursement at an amount not to exceed seventy-nine percent (79%) of the actual cost for CSJ: 0902-48- 331, and not to exceed eighty percent (80%) of the actual cost of CSJ: 0902- 48-337 and 0902-48-339. The State will make payment to the TCTC within thirty (30) days from receipt of the request, provided the request for reimbursement is properly prepared and documented. The State will withhold five percent (5%) retainage from each reimbursement payment made to the TCTC. E. The TCTC will provide written notification to the State upon completion of the Project. The State will perform an audit of costs associated with the Project and funds due to the TCTC, including funds withheld in retainage will be promptly returned. The State will issue to the TCTC a "Notifidation of Final Completion", acknowledging that the Project has been completed and all financial commitments have been performed. 11. MAINTENANCE RESPONSIBILITIES Upon completion of the Projects, each City will assume responsibility for the maintenance of its section of the Cottonbelt Trail pursuate to the interlocal agreement between the Cities. Should any manufacturer warranties be extended to the State as a result of this project, the warranties shall be transferred to the Cities. The State shall not be held responsible for honoring any warranty under this agreement. 12. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by each City shall remain the property of that City. All documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. 04/16/97 Page 9 of 15 J D IoR 13. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of each parties. (2) By any party, upon the failure of the other party to fulfill the obligation as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and the TCTC under this agreement. If the potential termination of this agreement -is due to the failure of one of the Cities to fulfill its contractual obligations as set forth herein, the State will notify that City that possible breach of contract has occurred. The City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties. C. Violation or breach of contract terms shall be grounds for termination of the agreement, and any increase costs arising from the defaulting party, breach of contract or violation of agreement terms shall be paid by the defaulting party. 14. REMEDIES This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 15. INDEMNIFICATION To the extent permitted by law, the TCTC shall indemnify and save harmless the State, its officers, employees, agents and contractors from all claims and liabilities due to the activities of each City, its officers, employees, agents and contractors performed under this agreement and which result from an error, omission or negligent acts of any City, its officers, employees, agents or contractors. Additionally, to the extent permitted by law, the TCTC shall save harmless the State, its officers, employees, agents and contractors from any and all expenses, including attorneys fees and court costs which may be (40., 04/16/97 Page 10 of 15 SD-13 incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the TCTC. 16. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by each City, as the TCTC, and the State. 17. COMPLIANCE WITH LAWS The TCTC shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, each City shall furnish the State with satisfactory proof of the compliance therewith. 18. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 19. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State: Texas Department of Transportation 2501 Southwest Loop P.O. Box 6868 Fort Worth, TX 76115-0868 Attention: Mr. Charles W. Heald, P.E. 04/16/97 Page 11 of 15 ON City: The City of Colleyville, Texas P.O. Box 185 Colleyville, Texas 76034 Attention: Mr. C. Robert Stripling, City Manager City: The City of Southlake, Texas 667 N. Carroll Ave. Southlake, Texas 76092 Attention: Mr. Curtis Hawk, City Manager City: The City of North Richland Hills, Texas P.O. Box 820609 North Richland Hills, Texas 76182 Attention: Mr. C.A. Sanford, City Manager All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 20. SOLE AGREEMENT This agreement, except as provided by Article 3 in this agreement, constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. 21. INSPECTION OF BOOKS AND RECORDS The State will, for purpose of termination of the agreement prior to completion, examine the books and records of each City for the purpose of checking the amount of the work performed by each City at the time of contract termination. Each City shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHWA) or their duly authorized representatives for 04/16/97 Page 12 of 15 review and inspection at its office during the contract period and for three (3) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the State, FHWA and their duly authorized representatives shall have access to all records of each City which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. 22. OMB AUDIT REQUIREMENTS The TCTC shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-128. 23. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The TCTC shall adhere to the procurement standards established in Title 49 CFR Part 18.32 and the property management standards established in Title 49 CFR Part 18.36. 24. CIVIL RIGHTS COMPLIANCE The TCTC shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B)); also Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 CFR 60). 25. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The TCTC shall comply with the "Minority Business Enterprise Program Requirements" established in 49 CFR Part 23, Subpart D. 26. DEBARMENT CERTIFICATIONS The TCTC is prohibited from making any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The TCTC shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the 04/16/97 Page 13 of 15 SID -4�7 NJ 31 ON Code of Federal Regulation, Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in -duplicate counterparts. By: ATTEST: THE CITY OF COLLEYVILLE, TEXAS Typed Name Title Date City Secretary THE CITY OF NORTH RICHLAND HILLS, TEXAS B y : To y Brown yped Name Mayor ...... Title � ��.••' 4-13-98 -i- Date S :m= co ATTEST. City Secretary 111;t"000 04/16/97 Page 14 of 15 �S, ! 7 Lq By: THE CITY OF SOUTHLAKE, TEXAS Typed Name Title Da e ATTEST: i City Secretary to —vs ���1/llll i 11111���� THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Stand Alone Manual Notice 96-6 for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By: 04/16/97 Typed Name Title Date Page 15 of 15 '56-/F T 31 H m _ w ►.� a U M O v M x a e a aV O y i QN o v a w J �= • + R :, 9 = • uT C h cF sb-/9 TEXAS TRANSPORTATION CONINIISSION VARIOUS County 111INUI'E ORDER Q��iSt,ict VARIOUS Pagc I of 2 Pages WHEREAS, Title 23, United States Code, Sections 134 and 135, as amended by the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991, requires each designated Metropolitan Planning Organization (MPO) and the State, respectively, to develop a Transportation Improvement Program (TIP) as a condition to securing federal funds for transportation projects under either Title 23 or the Federal Transit Act (formerly the Urban Mass Transportation Act of 1991); and WHEREAS. Section 134(h) requires a MPO to develop its TIP in cooperation with the State and affected transit operators; and further requires the TIP to be updated at least once every two years and to be approved by the MPO and the Governor; and WHEREAS. Section 135(f) requires the State to develop a Statewide Transportation Improvement Program (STIP) for all areas of the State in cooperation with those designated MPOs and to be approved by the Governor; and WHEREAS, Sections 134(h) and 135(f) specify the respective requirements and eligibility criteria for projects to be included in the respective TIPS; and WHEREAS, by letter dated May 23, 1995, addressed to federal transportation officials, the Honorable George W. Bush, Governor of Texas, has delegated to the Texas Transportation Commission (the commission) those powers and responsibilities granted to him by the ISTEA, save and except the Recreational Trails Program; and WHEREAS, the various TIPS applicable to the designated MPOs, as well as to those areas outside designated MPO boundaries, have been presented for public comment by means of various public meetings conducted by relevant authorities throughout the State; and WHEREAS, the MPO in the non -attainment area of El Paso wishes to continue their program under their presently approved FY 1995-1997 TIP; and WHEREAS, this TIP meets the air quality transportation conformity requirements as promulgated by the federal final rule on transportation conformity and have previously been presented for public comment; and WHEREAS, the air quality conformity determination for the Dallas -Fort Worth, Houston, and Beaumont -Port Arthur areas have not been approved by the federal agencies; and WHEREAS, except for the final federal approval of the air quality conformity, the Commission finds that TIPS for these areas have complied with all the requisites of Section 134: and WHEREAS, after due deliberation and consideration, the commission finds that the requisites of Section 134 have been fulry satisfied as they pertain to development of the other TIPS by each of the remaining 22 MPOs, and that the STIP attached to this order as Exhibit -A- fully satisfies requisites of Section 135 as they pertain to the STIP, and is in furtherance of and consistent with the Texas Transportation Plan and the Strategic Plan, 1995-1999: EXHIBIT "C':�v0 TEXAS TRANSPORTATION COMMISSION ✓ARIOUS County AILNUTE ORDER District VARIOUS 0 Page 2. of 2 Pagcs PURSUANT TO THE AUTHORrIY DELEGATED TO THIS COMMISSION BY THE GOVERNOR OF TEXAS, NOW THEREFORE, IT IS ORDERED that the respective TIPS of each designated MPO, as well as those areas outside designated MPO boundaries as reflected in the STIP in attached Exhibit 'A', are hereby approved; provided that approval of the Dallas -Fort Worth, Houston, and Beaumont -Port Arthur areas is conditioned on, and subject to, final federal approval of the required air quality conformity determination and the Executive Director is directed to submit the document to appropriate federal agencies for approval consistent with applicable policies and procedures; and IT IS FURTHER ORDERED that the Director of Transportation Planning and Programmingbivision sign all necessary certifications required by federal rules. Submitted by. Reviewed by: Director. Transportation Planning and % Deputy Executive Director for rogrammino Division - Transportation Plaxtaing and Development Recommended by - Exec live Director Minute Number 106549 — ��wnarurciH�wn unrn�+u• uv rmw�t%vu.I FORT WORTH DISTRICT OALLAS-FORT WORTH MPO FY 1"S JULY 1997, :! NAME OR DESIGNATION APP14 CAT 1 COST 1 FEDERAL tO STRICT LOCATION (FROM) APPN CAT 2 COST 2 STATE jPRoi ,��x1NTY LOCATION (TO) APPN CAT 3 COST 3 LOCAL PATEOESCRIPTION OF WORK APPN CAT 4 COST ! LCL CONTRIB E COMMENTS FUNDING CATEGORY TOTAL CS CMAO s 507.066 S 349,876 CO(` 11l17. :ITT WORTH AT RUFE SNOWILEWM OR W NORTH RICHLANO s 0 0 pd04 4RRANT KILLS s 0 157,191 OW97 )RTH RICFLAND INTERSECTION IMPROVEMENTS s 0 0 CPR 5 CMAO s 507.068 = 46= CS CMAO s 709.100 S 469,279 COG 0 4176 ATT WORTH AT RUFE SNOW ORISTAROUST OR IN NORTH f 0 0 98104 %RRANT RICHLAND HILLS s 0 219.821 0997: JRTH RK34LMO INTERSECTION IMPROVEMENTS s 0 0 CPR 5 CMAO f 709.100 M-46-264 CS CMAO f 435.793 f 300.697 COG A 4175 ORT WORTH AT RUFE SNOW ORANOUSRTUIL PARK OR s 0 0 96 W 4%RANT IN NORTH RICHLAND HILLS s 0 135.095 0997 ORTH RK>AANO INTERSECTION IMPROVEMENTS s 0 0 CPR 5 CMAO s 435.793 70246-2A5 CS CMAO f 617.SM S 564,101 COG M4177 39T WORTH AT RUFE SNOW ORANATAUGA RD IN NORTH s 0 0 96104 %RRANT RICHI ANO HILLS. $ 0 253,436 0997 ORTH RICHLANO MERSECTION_MAPROVEMENTS s 0 0 CPR S CMAO s 617.536 70248468 CS CMAO f 1.300.000 S f 1.027.000 COG to 4180 7RT WORTH LITTLE BEAR CRK TRL IN NORTH RICHLAND f 0 0 96103 4RRANT HILLS s 0 273.000 0997 ORTH RICFLAND BIKEWAY s 0 0 CP 5 CMAO s 1.300.000 XU-46-269 CS CMAO f 676.000 f 534,040 COG 6 4179 JRT WORTH SOUTH ELECTRIC TRAIL W NORTH RICHIANO s 0 0 99106 WRANT HILLS s 0 141.960 OW97 ORTH RICHt.ANO BIKEWAY s 0 0 CP 5 C1MA0 s 676.000 10246J31 CS CMAO s 1,55z500 f 1.226.475 COG 04161 COTTON BELT TRL W NORTH R1Ci0.J1N0 HILLS f 0 0 O1112 S 0 326,025 ' 0997 BIKEWAY s 0 0 CP 5 CMAO f 1.ssz500 302-46-342 CS CMAO s 200.000 S 160.000 COG 94323 )RT WORTH BEDFORD RO Q CENTRAL OR IN BEDFORD s 0 0 96A3 YWANT s 0 40.000 0997 INTERSECTION IMPROVEMENTS s 0 0 CPR 5 CMAO s 200.000 902-48-907 VA CMAO S 2.000.000 S z000.000 COG 44146 31TT WORTH RALTRAN RAIL PROJECT s 0 0 2=1 %RRANT s 0 0 09/97 RAILTRAN RAIL PROJECT f 0 0 T TRANSFER TO FTA; NEW PROJECT 5 CMAO S zOOO.000 102-44410 CS CMAO s 200,000 f 160.000 COG 8 9990 3RTWORTH CENTRAL DRIVE s 0 0 9ams 49RANT AT L DON DODSON s 0 40.000 0997 INTERSECTION IMPROVEMENTS s 0 0 CPR 5 CMAO s 200,000 102-46411 CS CMAO $ 250.000 f 200.000 COG 09992 7RT WORTH Q BLUE DUAL LN. SPRING VALLEY ORIVE & s 0 0 9m WRANT SHADYBROOK DR ON HARWOOD ROAD s 0 50.000 0997 SIGNAL IMPROVEMENTS f 0 0 CP 5 CMAO s 250.000 902J6420 CS CMAO s 765.750 s 615.000 COG W2674A 7RT WORTH FORT WORTH TRANSIT AUTI-IORITY S 0 0 9=1 MRRANT s 0 153.750 09197 TRANSIT FLEET ALT FUELS PROG s 0 0 T 5 CMAO s 768.750 702484M CS CMAO s 45,000 S 24.300 COG 04316 JRT WORTH CAMPUS OR Q THOUSAND OAKS OR IN HURST S 0 0 98A6 4RRAINT s % 0 20.700 0997 JRST TRAFFIC SIGNAL IMPROVEMENTS S 0 0 CP 5 CMAO s 45.000 EXHIBIT C VII-68 ASE: C-CONSTRUCTION, P-PRELMNARY ENGINEERING, R-RIGHT OF WAY, TsTRANSFER , D-0a EXHIBIT C C'-) itw ttitVsrORTA - N COMMISSION ^'oUS COSY NMUTIE ORDER _; • Page 1_ of 3 ' Pagej WHEREAS, Title 23, Unite Stales Code, Secdoa 133(d)(2). and Section 160(e)(2), and Settsoa 1015(d)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 (MEA) requiru that tea percent (10 %) of certain funds apportioned to a state pursuant to Title 23, United States Code, Section 104(b)(3) be used for transportation enhancement activities; and WHEREAS. the Texas Transportation Commission (the commission) by hf=M Order 104227, dated August 25, 1994, established Category Q. Texas Statewide Transportation Enhancement Program, of the Project Development Plan to be developed, moaitortd, and approved by the commission; and WHEREAS, Pursuant to Title 43, Texas Code (CAC), Section 11203, a rail for nominadoa of candidate projects. opeaing January 24, 1996 and dosing May 1, 1996. was published in the Texas Register January 16, 1996; and WHEREAS. nominations were received by the Texas Department of Transportation (the department) and Were evaluated for eligibility and technical standards pursuant to Tale 43, XAC, Sections 11200 through 11.205; and WHEREAS, pursuant to 'ride 43, TAC, Section 11-204. department staff recommends to the eommI.uion a program of candidate projects as shown in Exhibit A. each project being recommended for selection based on: (A) the list of all eligible candidate projects and evalaadoas provided by the Transportation Enhancement Project Evaluation Committee (IEPEC), together with any comments or recommendations from TEPEC; (B) other issues relevant for consideration of any candidate project for funding, including: 0) policy matters: GO evidence of support and opposition for the candidate project; Cdi) evidence of the commitment of project sponsors to provide more than the minimum required non-federal share of allowable project costs and their ability to do so: (iv) a technical evaluation of proposed projects indicating the extent to which each project will meat acceptable standards as esiablisbcd by applicable law and by acceptui professional practices: (v) the views, comments, and/or certifications, if any, of a Metropolitan Planning Organization or a governing body of a city or county; and (vi) all ocher project specific information as appropriate; (C) the potential benefit to the state of the candidate project; c ,SD'�3 TEXAS TRANSPORTATION COMMISSION rnys Cooney MINUTE ORDER Page 2_ of 3 Pages iiarict VARIOUS WHEREAS, this action is cotisistcnt with the 1995-1999 Strategic Plan strategy to plan, design, and, manage highway projects: NOW, THEREFORF, IT IS ORDERED that, based upon the rationale for selection as shown iEx n hibit B. the Executive Director is hereby authorized to..proceed in the most feasible and economical manner with any necessary agreements required for the development and construction of the projects shown in Exhibit A. with programming to be in Category 4B* of the 1997 Unified Transportation Program az the amounts shown in Exhibit A; and IT IS, HOWEVER, UNDERTrOOD THAT: 1. Only the items and their associated cost determined eligible for Statewide Transportation Enhancement Program funds as identified by the LSTEA and Title 43, TAC, Sections II-2W through 11.205, and verified by project development will be eligible for the Statewide Transportation Enhanccmcnt Program. 2. Prior to zuthociring any funds or the perforta nce of any work for projects selected, all apprapriate local agreements identifying responssbitides and escrow amounts must be executed between the department and the appropriate local entity. 3. Unless prior approval is obtained by the executive director or his designee the department will administer the development, contracting, cnnmuctmn, and management of projects approved by this action. Adrainistration shall be in accordance with applk2ble contract:mg statutes and Title 43. TAC, Section 11.205. Approved projects 'will be developed to encourage public input and involvement consistent with the departments established public involvement procedures. 4• All adminisu n, development, enginecririg and contingencies. design, and Construction costs incurred by the department will bo charged to each respective project. 5. For each project shown in Exhibit A and verified a3 eligible by project devolopment, the federal funds as shown in Exhibit A must bo locally matched by a minimum of [warty percent (20 %). 6. Prior to authorizing any funds or the performance of any work for the projects selected by the commission, the projects must be added to the Trzasportatio❑ i Improvement Plan by the appropriate Metropolitan Planning Organizations and added to the State Transportarion Improvement Plan by the department. 7. If the project sponsor or nominator withdraws support for an approved project, the federal funds cornmitmed by the commission for that project will revert back to the program. s4D-a4l TEXAS TRANSPORTATION COMMISSION LCounty NOMME ORDER Page _ 3 of 3 Pages strict VARIOUS 8. Acquisition by the department of any land or interest in land, or of property or property rights of any kind or character required fbr development of a transportation enhancement project by any entity shall be subject to the authority and limitations of Texas Transportation Code. Chapter 203, Subchapter D. Chapter 391, and Chapter 392. consistent with the department's prescribed acquisition policies and procedures. Projects which will require the acquisition of property through the exercise .of eminent domain arc not eligible for participation in this program. 9. Whether proposed as an independent project or as an element of a larger transportation project, the candidate project must be. limited to a logical unit of work and must be capable of being implemented and completed within a reasonable time, as determined by the department in consultation with the nominating entity. In the absence of information suggesting that a shorter or longer period is appropriate, three years or less will be presumed to be a reasonable time. The executive director may eliminate a project from. the Program upon a determination that federal funding may be lost due to the- project not being implemented and completed within a reasonable amount of time. ttod by: D: Y—O �VL octor. Dcaiga Division A by: Exocutivc DircctOf Reviewed by: be�uty"txecWvc Diroctor for Transpaaiation Planning znd Develapmaw Minute Number � slut ._ ra 4�±c• m Section Noanber ProjcctName •� FederslFands . R�eQaested Fort Worth FIW.PP329 ThutbcrI-LstcricArch3cologint,SiR 1260,000.00 Ff W.TR308 Coumbelt Multi -cur Trail Colleyville Segmca S848 OG4.00 FiW.TR347 Rrs<orIIdoa of Historic Iatawbaa TtoQcys S 176,000.00 F7W.TR348 North Hills Mu1G-T3c Trail and Landscaping in North Richland Hills S475,315.20 FCW.TR349 ScuthUce Hwy 26 ! CoambOt Trul Pmjed 5192.000.00 Fort Worth District Total S1,951,379.20 EXHIBIT C JD -ate TRANSPORTATION IMPROVEMENT PROGRAM FORT WORTH DISTRICT OALLASFORT WORTH MPO FY 1998 JULY 199T CSJ NAME OR DESIGNATION APPN CAT 1 COST 1 �� O DISTRICT "�tJNTY LOCATION (FROM) APPN CAT 2 COST 2 STATEFEL (� DATE LOCATION (TO) APPN CAT 3 COSTS LOCAL DESCIliPT10N OF WORK APPN CAT 4 COST 4 LCL CONTRI8 �E COMMENTS FUNDING CATEGORY TOTAL = 360 315 S 1 f 0 FORT WORTH AT SH 16 3 S 0 0 01r01 TARRANT $ 0 0 0997 FORT WORTH PRELIMINARY ENGINEERING s 0 0 P PRELIMINARY ENGINEERING FOR 2266.02-097 3E NHS -MIS s I 0364-M-106 SH 121 STPSAF S 240.000 S 216.000 TXDOT FORT WORTH BEDFORD ROAD S 0 24.000 9"1 TARRANT FOREST RIDGE IN BEDFORD s 0 0 OW97 TO RELOCATE WS EXIT RAMP s 0 0 CP IA STPSA S 240.000 074744-050 FM 157 STPSAF S 10.000 s 9.000 TXDOT FORT WORTH FM 157 (COOPER STREET) SOUTHBOUHO LANES s 0 1.000 97A9 TARRANT OVER I.20 IN THE CRY OF ARLINGTON $ 0 0 09197 INSTALL A FLASHING BEACON FOR THE SOUTHBOUNO TRAFFIC S 0 0 CP 4A STP-SA S 10,000 0747-04451 FM 157 STPSAF s 35.000 S 31.SOO TXDOT FORT WORTH FM 157 (COOPER STREET) WITH BARDIN RD s 0 3,S00 97112 TARRANT IN ARL94GTON f 0 0 0997 DUAL LEFT TURNS FOR SOLRHBOUND TRAFFIC AND S 0 0 CP 4A STPSA s 35.000 226642499 SH 360 STPSAF S 15.000 S 13.5W FORT WORTH SH 360 NO FRTG RD WITH SIC FLAGS OR S 0 1,500 97A79 TARRANT IN THE CITY OF ARLINGTON s 0 0 0997 SIGNAL IMPROVEMENTS s 0 0 CP 4A STPSA s 15,000 0902246.210 VA STP-ENH S 625.550 S 625.5W TXDOT FORT WORTH APPROX 150C W OF FM 1S7 s 0 0 96A6 TARRANT SH 360 S 0 0 09197 CONSTRUCT APPROXIMATELY 26,SW LINEAR FEET OF TRAILS f 0 219.450 CP 48 STP-TE S 1.045.000 '0M-48.215 VA STP-ENH s 530,000 S 530.000 TXDOT W 0m POOL RD S 0 0 96iO3 ANT HUDGINS ST $ 0 0 0967 CONSTRUCT A PEDESTRIAN TRAIL TO CONNECT SOUTH GRAPEVINE f 0 150,000 C P 48 STP-TE s 680.000 09024b236 VA STP-ENH S 674,3" f 674.344 TXDOT FORT WORTH IN ARLNGTON ALONG FISH CRK FROM s 0 0 96A7 TARRANT CRAVENS PARK TO SH 360 s 0 0 09197 CONSTRUCT LINEAR PARK CORRIDOR $ 0 179.256 CP 48 STP-TE $ 853.600 OOM-48-239 VA STP.ENH f 733.120 S 733.120 TXDOT FORT WORTH N ELECTRIC TRAIL ON CALLOWAY BRANCH S 0 0 96103 TARRANT LITTLE BEAR TRAIL IN N RICHLAND, HILLS s 0 0 0997 NORTH RICH LAND CONSTRUCT PEDESTRIAN AND BIKE TRAIL f 0 194,660 CP 48 STP-TE f 926.000 090246.337 CS STP-ENH S 646.064 f 846,064 FORT WORTH COTTONSELT MULTI -USE TRAIL s 0 0 96A6 TARRANT COLLEYVI LE SEGMENT s 0 0 0997 TRANSPORTATON ENHANCEMENT s 0 21ZOIS CPR 48 STP-TE $ 1,060.060 0902-48-M CS STP-ENH S 192,000 f 192.000 FORT WORTH SOUTHLAKE HIWY 26CCOTTONSELTTRAL PRJ f 0 0 96106 TARRANT S 0 0 Dow SOUTHLAKE TRANSPORTATION ENHANCEMENT s 0 46.000 CPR 4B STP-TE s 240.000 0312-05019 FM 730 STP-MM S 4,656.000 S 3.664.600 COG 0349 FORT WORTH 0.2 MI.N OF FM1S42,S S 0 971.200 9&W TARRANT S END WAL I lW CRK SR S 0 0 0997 WIDEN 2 INTO 4 LANES WITH 2 WAY LEFT TURN LANE s 0 0 CAR 4C STP-MM s 4,656,000 090246.156 CS STP-MM S S17.000 f 413,600 COG 61646 FORT WORTH PRECINCT LINE RD s 0 0 OOY10 TARRANT PIPELINE CT IN HURST ON PIPELINE RD s 0 103.400 OW97 'ST WIDEN 4 TO 6 LANES s 0 0 CP 4C STP-MM s 517.000 EXHIBIT C VI I-66 PHASE: C■CONSTRLICTK)N, P-PRELIMINARY ENGINEERING. R=RIGKT OF WAY. T=TRANSFER ,�5D a 7 EXHIBIT D INTERLOCAL AGREEMENT FOR THE DESIGN SERVICES CONTRACT AND THE CONSTRUCTION OF THE COTTONBELT MULTI -USE TRAIL WHEREAS, the Cities of North Richland Hills, Colleyville and Southlake agree to secure for each the benefits of the combining the contract for engineering design services and the contruction contract for the entire Cottonbelt multi -use trail system along the Cottonbelt Railroad right-of-way from North Richland Hills western limits to the Southlake eastern limits, according to each City's ISTEA (Intermodal Surface Transportation Efficiency Act) commitment. WITNESSETH: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City of North Richland Hills, the City of Colleyville, the City of Southlake and or their designees, agree upon the following conditions : a. Each city will execute the ISTEA contract with the Texas Department of Transportation (TxDOT). Each city will be responsible for the execution of the ISTEA contract with TxDOT for its costs, related to the engineering design services and review of the project by TxDOT within the City boundaries. b. Each city will provide a designee representing the City on the Tri-City Trail Committee (TCTC) established for the purpose of coordinating the implementation of the project with the other cities. C. Each city will be responsible for the execution of their portion of the design services contract with the selected consultant. d. Each city will be responsible for payment of consultant fees for the design services contract for the trail design within that City's limits. e. Each city will be responsible for their portion of the construction contract cost for the trail construction within that City's project limits. Each city will be responsible for its own representation to TxDOT on all matters pertaining to that City's ISTEA agreement and within that City's project limits. i r 2. Each entity waives all claims against the other entity for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. Provided, however, that this waiver shall not apply in those cases in which the claim liability for which the requesting entity is responsible as determined and required by the Agreement, and as it may be amended in the future. 3. This Agreement contains all commitments and agreements of the parties hereto in connection with the consultant services contract and construction contract, examination, and no other oral or written commitments shall have any force or effect if not contained herein. 4. In case one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this Agreement shall be constructed as if such invalid, illegal or unenforceable provision had never been contained herein. 5. In order to facilitate execution, each party hereto may execute a duplicate original. 6. The term of this agreement shall be for the period beginning upon execution QW of the agreement through completion of the project. However, any party may terminate this Agreement by giving the other parties thirty (30) days notice of its intent to terminate. OR 7. Any notice delivered pursuant to this Agreement shall be deemed to be delivered when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, addressed to the parties at the following address: If to Southlake: Kim Lenoir, Director Parks and Recreation Department 400 North White Chapel Southlake, TX 76092 If to North Richland Hills: Jim Browne, Director Parks and Recreation Department 6.720 N. E. Loop 820 North Richland Hills, TX 76180 If to Colleyville: Doug Henderson Community Development 5400 Bransford Colleyville, TX 76034 i 2 EXECUTED by the Cities of North Richland Hills, Colleyville and Southlake, each respective govemmental entity acting by and through its City Manager or other (,raw, duly authorized official as required by law, on the date hereinbelow specified. I q- CITY OF NORTH RICHLAND HILLS, TEXAS L� ATTEST: 'H me Rule Municipal Corporation `'''RAC_ `+9 City Secretary =o rry J. Cunni gham City of Nth-JRichland Hills a City Mana City of N Richland Hills City of Colleyville CITY OF COLLEYVILLE, TEXAS A Home Rule Municipal Corporation By: ` C. Robert Stripling CityManager Date: t �('. N LW ATTEST: A B) City Secretary City of Southlake City Attorney City of Southlal�e IFt x= g� SOUTHLAKE, TEXAS Curtis E. Hawk City Manager Date: 3 ACKNOWLEDGEMENTS STATE OF TEXAS 1 COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day, personally appeared Larry J. Cunningham, City Manager of the CITY OF NORTH RICHLAND HILLS, TEXAS, a home - rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF NORTH RICHLAND HILLS, TEXAS, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the qou day of 1997. pAUGN . _gzi- Notary Public in an or the! State of Texas ' STATE OF TEXAS ) COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day, personally appeared C. Robert Stripling, City Manager of the CITY OF COLLEYVILLE, TEXAS, a home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF COLLEYVILLE, TEXAS, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the �'1 day ofA, 199s. . I i N ""� =Pubk. S-N ary Public in and for the TemState of Texas I 0 SD-31 31 ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day, personally appeared Curtis E. Hawk, City Manager of the CITY OF SOUTHLAKE, TEXAS, a home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF SOUTHLAKE, TEXAS, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the day of 0, 1997. O�PpV PU9<� SANDRA L. LeGRANO Notary Public in and for the * * Notary Public m� 5 STATE OF TEXAS State of Texas F,QF W Comm. Exp. 0210412001 5 .,, �v-3a OR City of Southlake, Texas MEMORANDUM May 1, 1998 , City Manager FROM: Chuck Ewings, Administrative Assistant/Public Works SUBJECT: Resolution No. 98-32, establishing boundary adjustments between the City of Grapevine and City of Southlake BACKGROUND On March 3, 1998, Resolution No. 98-18 was executed reducing the extra -territorial jurisdiction of the City of Southlake along S.H. 26. This area includes portions of the railroad right-of-way that extends between the city limits' of Southlake and Grapevine. The City of Grapevine adjusted its boundaries to include this area on April 7, 1998. The City of Southlake has agreed to adjust its boundaries to include the remaining portion of railroad ROW, which includes the railroad crossings at the intersection of S.H. 26 and S. Kimball Ave. and the intersection of S.H. 26 and Brumlow Ave. The attached Resolution No. 98-32 will meet this agreement upon approval by Council. RECOMMENDATION Staff recommends Council approve Resolution No. 98-32, establishing boundary adjustments between the City of Grapevine and City of Southlake. Please place this item on the May 5, 1998 Regular City Council Agenda for City Council review and consideration. CRE/cre Attachments: Proposed Resolution No. 98-32 Letter from Roger Nelson, City Manager, City of Grapevine City of Grapevine Resolution No. 98-25 5E-1 City of Southlake, Texas RESOLUTION NO. 98-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING AN AGREEMENT FOR A i MUTUALLY AGREEABLE BOUNDARY ADJUSTMENT WITH THE CITY OF GRAPEVINE, AS PROVIDED FOR BY SECTION 43.031 OF THE TEXAS LOCAL GOVERNMENT CODE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas, in Resolution No. 98-18, released its extraterritorial jurisdiction to the tracts of land (the "Land") described in Exhibit "Al" and "A2" attached hereto; and WHEREAS, the Land is within the extraterritorial jurisdiction of the City of Grapevine; and WHEREAS, the Land is less than one thousand (1,000) feet in width at all points; and WHEREAS, the City of Grapevine and the City of Southlake, being adjacent to each other, wish to make mutually agreeable changes in their boundaries as permitted by Section 43.031 of the Local Government code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That all of the above premises are true and correct and are hereby incorporated into this resolution as if copied in their entirety. SECTION 2. That the City of Southlake agrees that the property described in Exhibit "Al" and "A2" will become part of the City Limits of the City of Grapevine in the manner provided by Section 43.031 of the Local Government Code, subject to the agreement by the City of Grapevine to the adjustment of the two cities' common boundaries. SECTION 3. That the City of Southlake agrees that the property described in Exhibit "Bl" and "B2" will become part of the City Limits of the City of Southlake in accordance with the SE-2 A City of Sou"' -'-- Resolution No. 98-32 Page 2 requirements of Section 43.031 of the Local G Southlake, subject to the agreement by the C cities' common boundaries. PASSED AND APPROVED BY Tl SOUTHLAKE ON THIS DAY OF ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney Date: D: \ W D-FlIEP.RESOUlIT9& 32. DOCf kD SE-3 SP'47 1 3 GRAPEVINE CITY LIMITS 24.911 O 22 S O=LAn CITY LDLTTS qve ITAGE L 4.254 DER TRIA Egli RC l6, � O N 05 �• p 11.054 O �yq o e 130 (10.504 AC) TR4A 3.067 AC 2- F2 I-A4A el a A ��0 — r� ze 11.035 'c TR 4 Ta 29 Z �- MFl n I n 6.03 nc . 1,.C35 O EXHIBIT A-1 i Area To Be Annexed By Grapevine SE- Rti3fL TP.4CT 5a 1,.CM o 4R1 a 4.5C. O F28 i 5 tv '591 F2A e- Vqel p1L D 1 1 .942 O i ,6,.. , TR SA ' 692 O Fl GfO. 16�62� -TR 4A FID TR S,A TR W5 TR 4A .Ee AC •CSi4 .272 AC �9 L FI D ER 12 �.�� TILL 5 TR 5a 9.98 /C F 1 E 1 1 1.929 O !� EXHIBIT A-2 Area To Be Annexed- By Grapevine ` 5E-5 X ` ER EASVEY 1• SPR I 3 1 GRAPEVINE CITY LIMITS 24.911 O 11 SO=A= CITY LWTS q�e B fff SAGr+' r 4-254 O HER! Ty -jA Z �o � B�SO A A p w 11.054 O o0 a 1.313 O (, C.504 AC g4'' (55O) .290 o �• 2�6$0 2A1 2.031 O 1 Tit 2B 11.C35 PC TR 4A 3.CC7 fc F2 TR 4A3 TR 4A 6.18 AZ 4.8 TR 4 TR 2S E.03 PC EXHIBIT B -- I Area To Be Annexed By Southlake i 5E-6 N 4R18 4.50 O F28 � 4A FID TR k .aw AC 1 mAcr sa FID ER 92 0 TILLS 2�2g5 � r i M TR 5AIA .C44 TR 58 S." AC HE F2A F Gam" ,ro064 EXHIBIT B 2 d B Area To Be Annexe y S outhlake on 5E-7 APR 13 ;998 April 8, 1998 Mr. Curtis Hawk City Manager City of Southlake 1725 East Southlake Boulevard Southlake, Texas 76092 Dear Curtis: Attached is a certified copy of City of Grapevine Resolution No. 98-25, passed by the City Council at its meeting on April 7th. This resolution authorizes an agreement for a mutually agreeable boundary adjustment on the extraterritorial jurisdiction to the tracts of land between our cities as set forth in your Resolution No. 98-18. We appreciate your cooperation in finalizing this agreement. Sincerely, Roger Nelson City Manager Attachment 1 � City Managees Office • P.O. Box 95104 • Grapevine, Texas 7609, SE-8 7-410-3104 • Fax 817410-3002 • httpJ/www.ci.grapevine.tx.us OR CITY OF GRAPEVINE, TEXAS CERTIFICATE OF CITY SECRETARY STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE I, the undersigned, Linda Huff, City Secretary of the City of Grapevine, Texas, a municipal corporation, in the performance of the functions of my office, hereby certify that (4�w the attached resolution is a full, true, and correct copy of Resolution No. 98-25 as the same appears of record in my office, having been passed and approved by the City Council of the City of Grapevine, Texas, on the 7th day of April, 1998, and that I am the lawful possessor and have legal custody of said record. WITNESS MY HAND AND SEAL OF OFFICE at my office in Grapevine, Texas, this the 8th day of April, A. D., 1998. 69"-� " Linda Huff, Citywcretary City of Grapevine, Texas (CITY SEAL) City of Grapevine • City Secretary's Office • P.O. Box 95104 • 'E-9vine, Texas 76099 • Phone Metro 817/410-3182 • Fax 817/410-3004 RESOLUTION NO. 98-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING AN AGREEMENT FOR A MUTUALLY AGREEABLE BOUNDARY ADJUSTMENT WITH THE CITY OF SOUTHLAKE, AS PROVIDED FOR BY SECTION 43.031 OF THE TEXAS LOCAL GOVERNMENT CODE AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Southlake, Texas, in Resolution No. 98-18, has released its extraterritorial jurisdiction to the tracts of land (the "Land") described in Exhibit "Al" and "A2" attached hereto; and WHEREAS, the Land is within the extraterritorial jurisdiction of the City of Grapevine; and WHEREAS, the Land is less than one thousand (1,000) feet in width at all points; and WHEREAS, the City of Grapevine and the City of Southlake, being adjacent to each other, wish to make mutually agreeable changes in their boundaries as permitted by Section 43.031 of the Local Government Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all of the above premises are true and correct and are hereby incorporated into this resolution as if copied in their entirety. Section 2. That the City of Grapevine agrees that the property described in Exhibit "Al" and "A2" will become part of the City Limits of the City of Grapevine in the manner provided by Section .43.031 of the Local Government Code, subject to the agreement by the City of Southlake to the adjustment of the two cities' common boundaries. Section 3. That the City of Grapevine agrees that the property described in Exhibit "B1" and "132" will become part of the City Limits of the City of Southlake in accordance with the requirements of Section 43.031 of the Local Government Code and the Charter of the City of Southlake, subject to the agreement by the City of Southlake to the adjustment of the two cities' common boundaries. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of April , 1998. 5E-10 APPROVED: 4z_s��� William D. Tate Mayor ATTEST: Linda Huff City Secretar g) APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney RES. NO. 98-25 5E-11 City of Southlake, Texas STAFF REPORT May 1, 1998 CASE NO: ZA 98-006 PROJECT: Second Reading / Ordinance No. 480-273 Rezoning and Site Plan - Creekside Office J/V 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 O.W. 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 "O-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 #lb which states, "The proposed dumpster must be relocated outside this bufferyard." COUNCIL ACTION: April 21, 1998; Approved (6-0) First Reading subject to Site Plan Review Summary No. 3, dated April 3, 1998, granting no variances. (Applicant to revise plan by the Monday, April 27, resubmittal deadline for review by the Council on May S.) STAFF COMMENTS: The applicant has met all requirements listed in Site Plan Review Summary No. 1, dated February 13, 1998, Site Plan Review Summary No. 2, dated February 27, 1998, and Site Plan Review Summary No. 3, dated April 3, 1998, with the exception of those items listed in Site Plan Review Summary No. 4, dated May 1, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-006ZS.WPD -7.A'Z CREEKSIDE OFFICE JOINT VENTURE (*Mw 930 PARKVIEW LANE SOUTHLAKE, TEXAS 76092 (817)329-4899 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 (*Mw me at 3294599. i Since ly, erry L. Wilkinson 77A - 3 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. (40" Southlake, Texas 76092 X ?,4 , q ?N* I f \\ 1. arY W KALL i i-L/A - -T SOUTH LAKE—FOXBOROUGH LTD SURVEY TR.3 "SF-2oA A -695 0-1 TR.3E:l STATE OF TEXAS TR.3F1 TR. 33 ® BLVD .205 -- -- -- -_2120 STATE OF TEXAS -- -- _C=6 TR 382 TR 3A2A TR WA A TR 3C 1 .063 R 053 ® .058 ® .119 ® TR 3= 42 .707 AC co 2 77 = C D 0-< 28 m 07 TR 3C DIL 1B2A 2.55s AC /.0 is 1B3 .99 4 92 ZB2 AC ACE 2.132 AC pL V a JOE BAKER t "SF-1 A"- 9g2� 2A 4.723 AC 1C2 5.109 AC 2C n. 1 1C3 1.71 ® JAMES BAKER r" CARROLL ISD TR 28 6.967 "R-PUD" 6.82 AC TR 3A TR 3A1 ' } 2.96 AC 3.082 R L. BRISCOE TR 3D2 4.2 AC TR 3D 4.2 AC "AG" ra I f ADJACENT OWNERS T AND ZONING 7A -4/0 TR 3 2.773 City of Southlake, Texas Case No.: ZA 98-006 Review No: Four Date of Review: 05/01/98 Project Name: Site Plan for "S-P-1" Rezoning with 1'0-1" uses - Creekside Office, Proposed Lot 9 O.W.Knight No 899 Addition APPLICANT: ARCHITECT: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/27/98 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. Extend the required bufferyards to encompass the full perimeter of the property. Correct the required plantings to reflect this extension. * The applicant proposes providing required side and rear bufferyards from F.M. 1709 to the south, terminating at the rear parking area. The remainder of the panhandle area as proposed would be left in a natural state. As proposed, the bufferyards would be reduced approximately 602' linear feet. (P&Z action to not require bufferyards along the entire perimeter of the property contingent upon the submittal of a detailed landscape plan for consideration by the City Council.) b. Where parking is provided between the building setback line and public R.O.W., shrubs obtaining a mature height of three feet (T) or greater must be planted at a maximum spacing of thirty inches (30") on center continuous along all paved edges of the parking or drive areas. This may require additional shrubs over and above those required within the adjacent bufferyard. 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 noted to be approximately 204' and the spacing from the off -site driveway to the west is noted to be approximately 283'. (P&Z action to allow reduced drive spacing under the assumption that a common drive would be provided with the adjacent east property.) City of Southlake, Texas b. Provide a Common Access Easement along the proposed drive and extending to the adjacent property to the east that will allow a drive connection from the adjacent property. 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 full length of the west, and east property lines. (P&Z action to not require screening along west property line contingent upon the submittal of a detailed landscape plan for consideration by the City Council. P&Z action to not require screening along east property line to provide for a common drive that was shown on the previous plan. ) 4. Provide sufficient parking as required by Ordinance 480 Sec. 35.6 - b.- (6). A total of 54 spaces is required for general office and a total of 50 spaces have been provided. 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 "11 ". (P&Z action to allow 53 parking spaces on previous plan that required 59 spaces.) 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 shown to be setback approximately 40' 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. The setback shown from the west property does not meet the "0-1" district minimum setback of 25'.(P&Z action to allow 15' building setbacks along west property line and to allow a 17'setback for Building A on previous plan) 6. Show, label, and dimension all existing or required easements on or adjacent to the site. Specifically: Correct the U.E. along the east line of Lot 2-B, Dilg Place to 7.5' in width. Extend the '5' U.E. along the west line of this site the full extent of the property line. Show a 15' U.E. along the entire length of the east property line to accommodate a sanitary sewer line extension to F.M. 1709. The plan shows a 5' U.E. on the northern portion of the east line. 7. Provide a single chart listing all requested variations from the 0-1 Zoning District uses and regulations. This chart should clearly identify each existing requirement and the specific variance proposed. 8. On the elevation for Building A, change the noted scale from 1/4" =1' to 1/8 =1' for the west and east elevations. 7A- 9 City of Southlake, Texas * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, 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 any off -site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. All driveways must be constructed in accordance with the Driveway Ordinance No. 634. * Please be aware that any change of tenantlowners with a request for a new C.O. will require that all parking and fire lane requirements are met. * Denotes Informational Comment cc: Creekside Office J.V. Blake Architects Steve Yetts Westerra Timarron L.P. FAX (817) 424-9740 L:\COMDEV\WP-FILES\REV\98\98006SP4.WPD t0Ui1e/u1E-i0L LUD..."U" AIL Southloke _ Boulevard _ l90• McDC ( F. M. Highwoy 1709 ) v,r,�rwe.ww r--- Ap11aN POW 1 S2, S' M% r 2 Y srweaeawltr^'� 3 pu � e n t u, !•W bit. K i t Go i cn 1617 1 •�� 6t�t t9.06 116t6C=6 .6 0000 lyp. O 6 7*+6t t. r..•7• Ill 6t6.6 M 1- 04 O o ; _ -Z •6t.a 617.2 outside PL • 615:5 • 8t5{t L 617.2 outside Pt Fence \ �j^�� (barb -ire 6t6.9.•�+._- Vie, 614.7 6tt.8 t 61Pin Found i 6C 61 T CARML ISO Rim Elev : 616PRESEUI ZM"-Pw/1480-01 ( Bolted Cbsed ) I.U.D.-PUBLIC / SGe PUBLIC 7A-10 615.8 ISO :am am am am lingo, Ism Ism Ism, low !am ME am 015 NONNI so so Ism ■o n am IONIC am am ION ism am JONES am Along, Mi 'I■m Ism am 6- Pooch Tel b,#e oi fl clothes U f e, e- Pooch Tr 619.0 0 S' Pipe Fnt� 0.e Fnc. [ oubids Borbwire B"towire Fence S.S. f ,6 J ( %Rtd closed ) [�J 0D O No. 38217A DWG ICI(@Gi �OUI@VOf F. MSO�h � Mr. \A 0.1 Fnc. inside PL ( barb oke) Mw \ u°'Ow (,rr 6 \, 00 CT) »J CZ?!... MOM ,r o r eY CZ: - TOP of BOnR „•'M�. O.. �\\1e-M�Wq n iJ H ! r •' or el- M LLJ CC O ! � 1 � 1 � TOE OM ( tYP•) s o —� or ~ � 3e _• r ww..r or i r rr , 2 1 ,- W NOTES: low... { ! I«Ni om" t .r.wwexa.1 wwr S to ��le Tfreda. Yw!• af.M N 2r Pod M~ eMMrfMrlww(Me M. [N+.: 427.03 a w Bawls, r■ !..! .w. ,e aww rW a We TTwo es,darslasMba tom ,srsi/W -10 We Of Sank 7, = weir N ww.we ;Nd w eNNI Me d Mkk� IM wrI�N i"w :fie dMnrUr 10WM f. in6wiMMq e. 7Me wq to e,7e",wWo ee_e! awgMw M. me wM eM as e+w cm eelee. �vy N C t0 0 =0 «�CO C > M �i !w Y n V O Vx Or b.o 3 �� P~ E �,% c� o E z12 0 .. v = E * n10-2 V„ to n ,o •- t'io � o �� Cd °! 0. n (A on -i-� a = in u 0.6 Fne. - k: Q outside PL 3V r— r Of Bank ( borb .ire ) 7A-13 S r (400" CITY OF SOUTHLAKE, TEXAS 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 :01D 0k uLei 11 U wo Lei 0 aup Dal N an It ' I: � I • II: ' • '� i •�I! , 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 SEVERABII..ITY 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 AGAgncultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called WORMZONING480.145 Page 1 v 7A —' 1 by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and -determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 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 GAORMZONING\480.145 Page 2 7�-�� (40", amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 1.963 acre tract of land situated in the - more fully and completely described in Exhibit "A" attached hereto and incorporated herein, fromr "g to "S P 1 "�DefiT iian}1w-1, ffiisfttft �as depicted on theapprovedConcept 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 GAORMZONINGW80.145 Page 3 a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR ATTEST: G:\0RD\Z0 NING\480. l45 Page 4 -7A-1/ 1�'} A A I CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: GAORMZONING\480.145 Page 5 v (W EXHIBIT "A" ON BEGINNING at a 1/2" 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, Tarrant 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 1/2" iron pin found with cap marked, "D.E.C. DALLAS"; for the southeast corner 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 1/2" iron pin found for an angle point in the west line of said Bear Creek Communities, Inc. tract for the northeast corner 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 2-13, to the POINT OF BEGINNING, said described tract containing 1.963 acres of land. G:\ORD\ZONING\480.145 Page 6 -7A-M EXHIBIT "B" Im soul E-FOX w.o..rct>Aw outer - Southlake._______ Boulevard ( F. M. Highwoy 1709 ) ad, Me �--� AfPtaR Rood U-s ( trrkw N C � � � Y tU N N t �• x� C � V N 0 W N p JL%^L �= � tnC �ff� aa, 10 a -Wi�c'nc°n ?A 17 t o t ! 1 w — f0•g01tR�.e q•IOgAM• >7 Q 11 H a of n � �� I z -------- PL tgis. ` R Im CIO M 61ti.: 618 2 6t9.0 617 i 6, 00 1 (t1'P']t O 00 yy 6 79`1811 tf) 6,6 M N n O 1.3' ins4 IL 618 :618.0 q ----`�-- 618.5 u �5 z I� W=� z1 a W? VS 6 8.7; °¢J Hckbe yeD 8t t 61 .9 O 618i 61 N 61 — 6, -61 615.1 7 outside PL '' 616. 616 Z 61 617.2 outside Pt. • 61 • 6tS�t 6 _1 61a_�f outside PL 617.1--Fence- �, \ » --_--�-- (bo,b ire) 617.2 t �t i 61/.8 Pin Found 1. 6t6.26tI1. ' , dRROII lso Rim Elev : 616.60 `�� PRES[Nt iONW—PUD#1486-01 ( Bolted Closed ) L.u.O..PUKK / SDM PUBLIC City of Southlake, Texas X 04 X MEMORANDUM May 1, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 622-B, 2"d 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 (BBOA) 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 May 5, 1998 Regular City Council Agenda for City Council review and consideration. 91 �u- B W/cre Attachment: Proposed Ordinance No. 622-B .: N IN ORDINANCE NO. 622-B 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; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, 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 No. 622 of the City of Southlake, creating a Building Board of Appeals, is hereby amended by revising Section 5, paragraph (a) thereof adding the following subparagraph (4): 78 -2 (4) here 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. SECTION 2. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. 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. SEVERABILITY CLAUSE 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 4. EFFECTIVE DATE This ordinance shall be in full force and effective from and after its passage, and (4w, it is so ordained. 7B-3 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF .1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY , 1998. MAYOR (400, ATTEST: APPROVED AS TO FORM AND LEGALITY: City Attomey 7e-a CITY SECRETARY City of Southlake, Texas STAFF REPORT May 1, 1998 CASE NO: ZA 98-028 PROJECT: Concept Plan / Florence Elementary School STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Concept Plan for Florence Elementary School on property legally described as being Tracts 1 F and 1 G situated in the J. G. Allen Survey, Abstract No. 18, and being approximately 14.25 acres. LOCATION: Southeast corner of the intersection of Harrell Drive and Johnson Road. OWNER: Keller I.S.D. APPLICANT: Cheatham & Associates CURRENT ZONING: "CS" Community Service District LAND USE CATEGORY: Public/Semi-Public NO. NOTICES SENT: Eighteen (18) RESPONSES: Two (2) responses were received within the 200' notification area: • Walter Brumbalow, 2901 West Southlake Boulevard, Southlake, Texas, in favor of. (Received 4/13/98) • Johnnie Brumbalow, 3002 West Southlake Boulevard, Southlake, Texas, in favor of. (Received 4/13/98) P&Z ACTION: April 23, 1998; Approved (6-0) subject to Concept Plan Review Summary No. 1, dated April 17, 1998, deleting Item #1 (bufferyard on south property line), amending Item #2 to require Keller I.S.D. to work with the City regarding the placement of additional plantings in conjunction with the development of the park, and amending Item #4 to read, "Sidewalks are required in conformance with the Joint Park Plan Development." STAFF COMMENTS: Attached is Concept Plan Review Summary No. 1, dated April 17, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-028CP.WPD IC-1 ml�m�ll mim 0 0Wmoll= m_ m TRACT MAP Mi llflllll=�M i �w 1 TR.4G2 3 I 42 41 3 t4 3 30 Ac n�+F-2 0 B.. 43 � :so0 ` TR-4� A. J. RYAN �7 C. WILSON 5 BRISTOL GLEN 5154 0, 2 2 M. 15 2 -� MATASSA HOMPSON 2903' I TREK ' TR.7C1 30 I i ( 1 M. 1 R. 16 R. 1 "AG' as 45 J.OGLES BRASLETON ZEDICHER EDMONDSON 1 R. SMITH -- -- -- �x--RD---- 37 1 J 'SF-30" TR.tC1 319 O 6 7 TR.1 E TR. 2C5 = 1.37 2 Ac a Ac "S F-1 A" CITY OF SOUTHLAKE v TR.1 G TR.1 Q 7=A�C�Ac 12.8 Ac TR.1 C 6.0 c - 0 o ,.AG., �., E, 97 Ac n =� z m TR. O ,E1B 0 O � .44 Ac -0 2 m r n A. WILSON W- BRUMBALOW 1 G. GOEBEL 1 B. BRUMBALOW 3 4 "SF- ,� J. BRUMBALOW SF-1 A "AG" R. CASTLEBERRY q c,-3 O ADJACENT OWNERS A�E Y AND ZONING J•� 1 iRV. 0 City of Southlake, Texas Case No: ZA 98-028 Review No: One Date of Review: 40 /17/98 Project Name: Concept Plan - Proposed lot 1. Block 1, Florence Elementary Addition. APPLICANT: 11 ,< Z•_� ENGINEER: t 11�11111111 Jill _�� • � • . �. �� I I 1 1 1 1 1 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 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, X 862. 1. A 10' - Type "C" Bufferyard is required along the south property line. The applicant is requesting a waiver of this. There is an existing chain link fence along the property boundary. There are no buildings/structures within 200 feet of the southern boundary. No Bufferyards are required along the east, west and northern property boundary. (P & ZAction 4123198: Eliminate bufferyard on south property line). 2. The following Interior Landscaping is required, based on the percentage of the floor area ("CS" zoning @ 30%, 5,550 s.f. proposed =1,665 s.f. ): 1 canopy tree per 600 s.f. 1 understory tree per 300 s.f. 1 shrub per 60 s.f. 3 canopy trees = 6 understory trees 28 shrubs Ground cover - 10% of reqd. area = 167 square feet of ground cover A minimum of 75% of all required plant material within the interior landscape areas shall be in the front and along either side of the building between the building and the interior edge of the required bufferyards. All required landscape areas shall be irrigated by an automatic irrigation system. (P & ZAction 4123198: Amend comment to require Keller I.S.D. to work with the City regarding the placement of additional plantings in conjunction with the development of the park.) 3. Provide adequate Landscape Parking Islands. Each row of proposed parking requires a minimum of one (1) 9' X 18' island, including one canopy tree, shrubs, ground cover, grasses or seasonal color. Staff recommends the applicant provides an island around the existing 15" elm tree noted in the parking area. 4. Sidewalks are required in conformance with the Sidewalk Ordinance and the Parks Trail System Master Plan. Sidewalk development should be coordinated with Ben Henry, Park Planning & Construction Superintendent, at 481-5581 extension 824. The Master Plan shows "Off -road Trail (Pedestrian/Bicycle)" and "On -road Bike Route (Wide Outside Lane)" along Johnson Road and rl C-`f City of Southlake, Texas Harrell Drive. (P & ZAction 4123198: Amend comment to read, "Sidewalks are required in conformance with the Joint Park Plan Development.') 5. Clarify whether or not the gravel drive along the west boundary of the property is to be removed. If not, label and dimension the southern most driveway. 6. Label the existing and proposed building use (class rooms, library etc.) on the building footprint. 7. Label the number of teaching stations and seating capacity of the cafeterias and auditoriums. P&ZACTION.• April 23, 1998, Approved (6-0) subject to Concept Plan Review Summary No. 1, dated April 17, 1998, amended as noted above. * The applicant should be aware that prior to issuance of a building permit a Plat Showing must be processed and filed in the County Plat Records. 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. * 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. • Masonry requirements per Masonry Ordinance No. 557, as amended. • Interior landscaping per Landscape Ordinance No. 544 and 480, as amended. • Spill -over lighting and noise per §43.12, Ordinance 480, as amended. • Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Fire lanes must be approved by the City Fire Department. Denotes Informational Comment cc: Mark Canterbury: VIA FAX ABOVE Gordon Johns: VIA FAX ABOVE L:\COMDEV\WP-FILES\REV\98\98028CPI.WPD IC-'15,_ I� ! i g �9Ei Icy g I 710°"0 A�Wrl A = z o a 3 3. t a w� Cl. 866i S► :Bi :S[ Ei JOV UON 11d3JNO3\;OZ-ZZOR • .0 City of Southlake, Texas STAFF REPORT May 1, 1998 CASE NO: ZA 98-019 PROJECT: Site Plan / Lot A. Block C. Briarwood Estates, Phase I STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan on property legally described as Lot A, Block C, Briarwood Estates, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-139, Pages 7 _& 8, Plat Records, Tarrant County, Texas, and being approximately 1.111 acres. LOCATION: Northwest corner of the intersection of Briarwood Drive and State Highway 114. OWNER/APPLICANT: Colonial Financial Services, Inc. CURRENT ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Six (6) RESPONSES: One (1) response was received within the 200' notification area: • Jack Brewer, 1800 East Northwest Parkway, Southlake, Texas, in favor of. (Received 4/3/98) P&Z ACTION: April 9, 1998; Approved (6-0) at the applicant's request to table and to continue the Public Hearing to the April 23, 1998, Planning and Zoning Commission meeting. April 23, 1998; Approved (6-0) subject to Site Plan Review Summary No. 2, dated April 17, 1998, granting relief on Items # 1 d (4:1 slope), #5b (driveway spacing) and #5c (non-residential access from local streets), and explicitly accepting the applicant's agreement to meet all of the other review items. STAFF COMMENTS: The applicant has met all requirements of Site Plan Review Summary No. 1, dated April 3, 1998, and Site Plan Review Summary No. 2, dated April 17, 1998, with the exception of those listed in the attached Site Plan Review Summary No. 3, dated May 1, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-019SP.WPD r7D- I -- r ' Cf TRACT MAP `o i s OU ---� - �--- ^� / - 5 6 / 5 4 5 TR 501 4 9.004 AC w000 g STAR 3 4 TR 5C1 3 6 S.29 AC �� ' ¢ Z p o J >- 3 LA n u SF-1A z , 2 Q _ Q ES i �� 2 �� L. MII�EER m 2 8 oU5 1 N �ZA T. STR•UHS J. HAMES 3g6g 35A� J. BREWER. C—Z 9 A A .A B. ALMON AC /e sr 3.120 2 qj LQ ADJACENT OWNERS 1, y;s AND ZONING `1 ) 3 i 3.07l2 4,686 Q E NORTHWE r ry f City of Southlake, Texas Case No.: ZA 98-019 Review No: Three Date of Review: 05/01/98 Project Name: Site Plan - Colonial Financial Services, Lot A. Block C. Briarwood Estates Phase I APPLICANT: Colonial Financial •11F.Mens o._ r • K 1 . C21) Des' Pliong �-� •� try 1 ..1 ; CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/27/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT LISA SUDBURY AT 817-481-5581, EXT. 862. 1. The following changes are needed regarding building elevations: a. Provide horizontal and vertical articulation meeting the requirements of Ordinance 480, Section 43.9.c.l.c. Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. The north elevation does not meet the minimum horizontal articulation length. b. Revise the drawings provided for the 4:1 slope exhibit to include any grade differences from the rear to the front property lines. The building appears to encroach above the required 4:1 slope line by approximately 4.5'. The slope should be drawn from the residential property line at the residential property elevation. (P & ZAction 4123198: Allow building as shown.) 2. The following changes are needed regarding driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a. Provide the distance to the nearest right-of-way intersection, and/or centerline of off -site driveway from the nearest proposed on -site driveway in both directions. b. Provide the minimum spacing for proposed driveways as required by the Driveway Ordinance No. 634. Minimum driveway spacing must be 500' from full access off -site drive along S.H. 114 (may be reduced to 250' if the driveway is accessing a frontage road). The proposed driveway accessing S.H. 114 is approximately 250' (estimated by Staff) from an existing commercial driveway to the west. (P & ZAction 4123198: Allow driveways as shown.) C. Non-residential access may not be permitted onto local streets unless no other access is available. The northeast drive proposed on this plan is not permitted. (P & ZAction 419198: Allow northeast drive and non-residential access.) 3. Correct the retaining wall location on the grading plan. City of Southlake, Texas 4. Add the following information to the Site Data Summary Chart: Total Loading Spaces Required One Required Loading Spaces Provided One Provided P&ZACTION.- April 23, 1998, Approved (6-0) subject to Site Plan Review Summary No. 2, dated April 17, 1998, amended as noted above, and explicitly accepting the applicant's agreement to meet all of the other review items. * This development is required to tie an 8" sanitary sewer line to the existing line located at the north right-of-way of SH 114 (across from WalMart driveway). Staff recommends contacting Angela Turner, at (817) 481-5581 ext. 775 at Public Works for more information and specific locations. * 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 all mechanical units, satellite dishes, etc. must be fully screened from view of adjacent rights -of -way. The proposed exterior finish material (polymer stucco) must meet the approval of the Building Official. Any proposed lighting must comply with the "Spill -over Lighting" regulations of Ord. 480, Sect. 43.12. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware prior to the issuance of a building permit a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Impact and Tap Fees, and related Permit Fees. * A permit from TxDOT must be obtained prior to any curb cut along S.H. 114. * A developer agreement is required prior to any construction. * Denotes Informational Comment cc: Colonial Financial Services, Inc., Joe Davis: VIA FAX ABOVE C2D Design & Planning, Ray Cox: VIA FAX ABOVE L:\COMDEV\WP-FILES\REV\98\98019SP3.WPD r1 b -5- City of Southlake, Texas Articulation Evaluation No.2 Case No. ZA 98-19 Date of Evaluation: 5/01/981 1i Elevations for Briarwood Estates, Phase I - Colonial Financial Services Received: 4/27/98 Front - facing: North Wall ht . = 11 Horizontal articulation Vertical articulation Requiredi Provided Delta Okay? Required Provided Delta Okay? Max. wall length 33 17 -489%6 Yes 33 25 -2491 Yes 6Min. artic. offset.2 Aii 2 0� Yes 2 6 4 6 100� 0%- Yes Yes Rear - facing South IWall ht . = 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 66 47 -29% Yes 66 48 -27%- Yes Min. artic. offset. 3 10 2334 Yes 3 3 016 Yes Min. artic. length 12 20 67% Yes 12 22 83% Yes! Right - facing: East lWall ht . -1 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 66 38 -421; Yesl 66 46 -30% Yes Min. artic. offset, 3 4 33% Yea 3 5 67% Yes Min. artic. length 10 14 404 Yesl 12 19 5811 Yes Left - facing: East wall ht . 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 66 39 -41% Yes 66 46 -301; Yesi Min. artic. offse 3 4 33% Yes 3 8 167% Yes Min. antic. lengt 10 10 0% Yes 12 19 58�C Yes' qt) 6 vca j t s Wp��W j � � •� O� �COF���r �t � Q Z Q cn El L < o cq in cr � �Z � v� d 4x0 14 �94, i �LIn V� z Q IX , 'n < 3%D 111ALL IL FL gig i_q:z� ��1utu0 n na v o .°,x `lid IV N Rw I f x 'tu o u IL ;jai l IG iS _ o < m- !zlilt —VA ry O Z Tol ao c) c" ir •� : i k s � � rycVc�`ICia�al�-r'F�II-, �1 } ��1I� •ts�� }�. W _ <P* i—, >XQIU, a °o VN Zrrggpo�� p; ii Y g�� uf I-Ctf 8"Him v,1of, U- pill, tL x o Z < -al win O to 1u > ��ILI �n S)ul -Ao z� o :z IL tL I- tu �� o Q O O 0 9I A El gbZS�� 'ON 1��1'O�� ❑O 04 a F IMII4E City of Southlake, Texas STAFF REPORT May 1, 1998 CASE NO: ZA 98-027 PROJECT: Specific Use Permit -Explorer Pipeline STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Specific Use Permit for Explorer Pipeline on property legally described as being Tract 1 B 1 A situated in the Harrison Decker Survey, Abstract No. 43 8, Tracts 4B and 4C, situated in the C.B. McDonald Survey, Abstract No. 1013, and Tract I situated in the Payton R. Splane Survey, Abstract No. 1453, and being approximately 16.48 acres. A Site Plan for Explorer Pipeline's Southlake Meter Station and Terminal will be considered with this request. LOCATION: South side of East Continental Boulevard at the intersection of East Continental Boulevard and South Kimball Avenue. OWNEFXPPLICANT: Explorer Pipeline Company CURRENT ZONING: "I-2" Heavy Industrial District i LAND USE CATEGORY: Industrial NO. NOTICES SENT: Eighteen (18) RESPONSES: Five (5) responses were received within the 200' notification area: • W.B. Strange III (Tr E-Systems, Inc.), P.O. Box 660248, Dallas, Texas, in favor of. (Received 4/13/98) • G. Mikal Darden, (Metroplex Accoustical Inc.), 2050 East Continental Boulevard, Southlake, Texas, opposed. "Decreased property values and offensive smell." (Received 4/21/98) - • G. Mikal Darden, (J.K. Development Inc.), 2050 East Continental Boulevard, Southlake, Texas, opposed. "Decreased property values and offensive smell." (Received 4/21/98) • Johnny L. and Edna K Beech, 2050 Crooked Lane, Southlake, Texas, opposed. See attached letter. (Received 4/21/98) • Margaret Long, 1219 Timberline Court, Southlake, Texas, undecided. (Received 4/30/98) P&Z ACTION: April 23, 1998; Approved (6-0) subject to Site Plan Review Summary No. 1, dated April 17, 1998, deferring Item #2 (screening) to a future Site Plan, deleting Items #5 (sidewalks) and #7 (bufferyards), and modifying Item #6 to require one (1) parking space. 75-1 City of Southlake, Texas STAFF COMMENTS: Attached is Site Plan Review Summary No. 1, dated April 17, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-027SU. WPD 1E-Z 04-21-98 Planning and Zoning Commission City of Southlake 667 North Carroll Avenue Southlake, TX 76092 Reference No.: ZA 98-027 To Whom It May Concern: We received our notice for a Specific Use Permit for Explorer Pipeline for property located on the south side of East Continental Boulevard at the intersection of East Continental Boulevard and South Kimball Avenue. Since there is no such address as East Continental Boulevard at the intersection of East Continental Boulevard and South Kimball Avenue, we called P&Z to determine where this would be. On 04-21-98, we talked to Art Wright and found out that the location is actually on the south side of East Continental Boulevard at the intersection of East Continental and Crooked Lane (not South Kimball Avenue). He explained that the Explorer Pipeline Company was requesting the change in order to add more fuel storage tanks. We are unable to attend the meeting to be held by the City of Southlake Planning and Zoning Commission on 04-23-98. However, we would like to go on record as stating that we- are opposed to this zoning change or Specific Use Permit for Explorer Pipeline. We realize there are already fuel storage tanks south of this location but we do have a buffer zone between the existing tanks and our property. When 'the wind is out of the south, we do get a odor from these tanks and having more tanks, even closer, would escalate this problem. We feel the additional fuel storage tanks would definitely lower all the property values in the areas close to the property. Please note the attached copy of the "CITY OF SOUTHLAKE, ORDINANCE NO. 679" which states in Section 2 that S. Kimball Ave., west of Crooked Lane Blvd. and north of E. Continental Blvd. as described in Exhibit "A", are hereby changed to "Crooked Lane" effective 07-04-97. Very truly yours, Johnny L. & Edna Beech 2050 Crooked Lane Southlake, TX 76092-9012 817/ 488-8151 Johnny L. Beech Edna E. Beech Enclosures (4) 76 -3 0-�APR 2 � $ �ofs CITY OF SOUTHLAKE ORDINANCE NO. 679 AN ORDINANCE CH.ANGLNG THE NAMES OF PORTIONS OF STREETS LOCATED WITHIN THE CITY" PRESENTLY KNOWN AS "CROOKED LANE BLVD" EAST OF SOUTH KIMBALL AV -EN -LE AND SOUTH OF EAST SOUTHLAKE BOULEVARD, AND AS "SOUTH KIMBALL AVENUE" SVEST OF CROOKED LANE BLVD. AND NORTH OF EAST CONTI`ENTAL AVENL7E TO "CROOKED LANE ", FLFRTHER DESCRIBED LN EXHIBIT "A"; A.ND THE STREET PRESENTLY KINOVV:Y AS -EAST CONTINENTAL BOLLEVARD", LOCATED IN THE HERITAGE INDUSTRIAL PARK, TO "SOUTH KIMBALL AVENLE", FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING A SEV'ERABILITY CLAUSE; AND PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES. VVIMREAS. a chance in the name of the street located within the City of Southlake, Texas (the "City" ). presently known as -South Kimball Avenue-. located West of Crooked Lane Blvd. and North of E. Continental Blvd.. to "Crooked Lane Blvd." has been requested by the City of Southlake: and WHEREAS. a change in the name of the street located within the City presently known as "E. Continental Blvd. located in the area known as Heritage Industrial Park, to "S. Kimball Ave." has been requested by the City of Southlake: and WHEREAS. it is the intention of the City Council to hereby officially change the name of such streets as requested. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their enrirecy. Section 2. That the name of the portion of the street located within the City presently known as Crooked Lane Boulevard. east of South Kimball Avenue and south of East Southlake Boulevard. and the name of the portion of the street presently known as "S. Kimball Ave." west of Crooked Lane Blvd. and north of E. Continental Blvd. as described in Exhibit "A". are hereby officially changed to "Crooked Lanz Section 3. That the name of the portion of the street located with the City presently known as "E. Continental Blvd." in the Heritage Industrial Park as described in Exhibit "A". is hereby officially changed to "S. Kimball Avenue". Section 4. If any section. article. paragraph. sentence. clause. phrase or word in this )rdinance. or application thereof to any person or circumstance is held invalid or unconstitutional -764 REC'D APR 211998 �oFs by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby expressly repealed to the extent of the inconsistency or conflict. PASSED AND APPROVED Or FIRST READING Or THIS DAY OF 1997. ATTEST: CITY SECRETARY PASSED A:ti'D APPROVED ON SECOND READING ON THIS / DAY OF , 1997. .ATTEST: MAYOR CITY SECRETARY EFFECTIVE: 91 7 V / .APPROVED AS TO FORM AND LEGALITY: 00te,J44 CITY ATTORNEY 0 VVP-F1 LES* ORD-RES.ACf0PLD679.WPDikb 3.f s i RECD APR 21 1998 Proposed Street Name Changes I T Lj ` LJ V City of Grapevine ram--- Wf" f �s 1 ba11 i I ZZ Exhibit A REC'D APR 2119 Mayor. lick Stacy Aayor ProTem: N. Ralph Evans )eputy Mayor Pro Tern: 3amelaA. Muller :ouncilmembers: Mayne Moffat )avid A. Hams Lary Fawks icott F. Martin :ity Manager. ;urtis E. Hawk ssistant City Manager. hana K. Yelverton ;ity Secretary: and leGrand City. of Southlake August 15, 1997 Beech Overhead Door Co. 1000 S. Kimball Ave. ` Southlake, Texas 76092 Subject: Address Change Dear Sir: A change in the name of "South Kimball Ave" located West of Crooked Lane Blvd. and North of E. Continental Blvd. To Crooked Lane. A change in the name of "E. Continental Blvd." located in the area know as Heritage Industrial Park to S. Kimball Ave. On July 1, 1997, Ordinance "No. 679 was passed and approved. See attached Ordinance No. 679 with Exhibit A (area map of changes). The known occupied properties Now Address Pumpco 768 S. Kimball Ave. Texas School of Baseball 900 S. Kimball Ave. Beech Overhead Door Co. 1000 S. Kimball Ave. Heritage Industrial Park affected are: New Address 2200 Crooked Lane 2100 Crooked Lane 2050 Crooked Lane 1100 S. Kimball Ave If you have any questions please call me (817) 481-5587 Ext. 742. Sincerely, City of Southlake dre ean Bryson Encl: 1 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 488-5097 AN ECUAL OPPORTUN/TYEMPLOYER' so f s RIE'CT APR 21 1998 I�rri� 1�0 7f "8 �P� Pblic Wa TR 6E NL L4R R Q t T 6C TR 60 4.57 AC rjl •�� 12.678 O AC 3 AC ' ^ G C t TRACT 4 IRI 351Ac L_ 1 P ' @ 17 m � TR E-SYSTEMS INC.I TR 6F D r co 3 4.07AC nm O mco ' C m J. BEECH CITY OF SOUTHLAKE 40 a z , aLvo x NIPCo �TINE�� 14K3 TR 1810D ° •67 AC D. STOWE 84K AC TR 1B1OE ® TRACT 3 B4K1 .45 AC •1-�- AC TR 1810F TR 1810A >A - 4K2A •45 AC S HUGHES °C PARADIGM PROPERTIES ° TR tBtOG •1-1• 1810C e T to MANAGEMENT INC. AK2 .45 AC S: HUGHES 15.6 i O TR 1812 TR 1815 to 14K2B •45 AC C. YOUNG °` O TR 1812A AC TR 1814 to B4G .45 C. YOUNG � AC TR 185B TR 18 m •45 O •MH•J. HALL 1B 34H AC D. TR 1817 18 t 34L5 TR 185 F U GOLLIHUGH -f ,C 1.5 0 w TR 1818 R t 34L4 M. LONG °J �C W M. TR 1813 c " 1 WILL GBY ' FINA TR 1811A AC .R E» TR 1816 IN tB .45 4 10 ii T Al TR IBa a CONOCO, INC. +c 451 4 AC se FINA OIL & CHEMICAL CO. 34L6A TR 189A TR 1 BOA IIIr- - TR 181 16.654 AC t O .45 AC AC 1B GBt 1 34L6 1 .4 14.356 O 4C 5 AC C TR 188C ie .4.4 4 � a1 O 34L1. qC TR 1B9 45 AC TR 188B _ Is �31 .4 AC se 34L7 TR 1 B9C 45 AC TR 18781 to ,« O .4 AC 6At ' 84L TR 187C .45 AC TR 1878 TR 7R MCI TR 181C R 1B1C2 M 8 T C� . i 0 .4 AC 'sit .4822 e s 1.0316 O .4e22 a Z= TR 187A AC TR 187 1B Z �J AC AC .43 .38 AC yc ,« a "I-2" 1 TR 4C 46 AC /J/S — 1 TR 183 30 AC PETROLEUM COMPANY OF TEXAS TR 1818 15 AC I ADJACENT OWNERS 5 2 �o6N I AND ZONING OR e V 3U RD Q+G IOGT:CN DETAp- EAST CONTINENTAL BLVD. — I Fa_- 1 er" r J a9• l W V f J a \ Im Y N a rfvaa• s _ .me .a �--r- TP. 1B1A N BW45 w - 952.21' .t u��r. ii�]R•t e•f..le. n..�.n.r-..wr "ZVI r G .n�m r.awt rn..•R nttrr yaa s.]AL Aut lroal it O •? 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(t]]) .Lr-•uc I.Y:Lf—J PREVIOUSLY APPROVED SITE PLAN 7� ��d City of Southlake, Texas Case No.: ZA 98-027 Review No: Om Date of Review: 04/17/98 Project Name: Site Plan - for Specific Use Permit Explorer Piueline Meter Station and Terminal .■ ,A- • + i ■ • ■ -1 PREPARED CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/30/98 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. Provide a minimum 8' screening device along the common property line adjacent to Tracts 1 B 15, 1 B 14, and 1 B (Zoned "W). (P & Z Action 4123198: defer until future site plan) 11 2. Provide architectural renderings or elevations of the proposed new structures. 3. Masonry construction requirements listed in Ord. 557, Section le. apply to the proposed new facility. New buildings within 300 feet of the R.O.W. line for S.H. 26 must have a minimum of 80% of all exterior walls, excluding doors, constructed of masonry materials or glass. 4. Provide sidewalks in compliance with the Sidewalk Ordinance No. 683 and the Trail Master Plan. Contact Ben Henry at (817) 481-5581 extension 824 for applicability and design standards. (P & Z Action 4123198: delete) 5. Parking requirements of the Zoning Ordinance do not specifically address this use. Staff recommends that a minimum of 3 - 9' x 18' parking spaces be provided and be constructed of asphalt or concrete.(P & ZAction 4123198: modem to require only I space) 6. Provide a bufferyard calculation chart on the plan listing the required and provided plantings. * The shown bufferyards conform to those approved with the S.U.P. for this site. (Resolution 92-08 Approved 03/03/92) (P & ZAction 4123198: delete) 7. Show Continental Boulevard as an ultimate 94' R.O:W.. Show a R.O.W. dedication on this site measured a minimum of 47' from the apparent centerline. Note the type of pavement of all adjacent and internal roads. 8. Provide fire lanes as required by City Fire Department. Show all existing and proposed fire hydrants. There appears to be an additional existing fire hydrant not shown on this plan. City of Southlake, Texas 9. The following changes are needed with regard to the adjacent properties shown on the site plan: a. Label the lot on the southeast comer of East Continental Blvd and Timberline Ct. to "Lot 1 H Decker No 438 Addn."(Cab A. Slide 556 P.R.T.C.T.). b. Change the Zoning on Tract 1 B 1 OA and 1 B 1 OC from "MH" to "I-1 of. C. Remove the tract information shown for the Fina Oil & Chemical Co. tract (3A) and the shown Koch Texas Pipeline Company tract (4). Replace this information with the plat information for Lots 1&2 Block I Fina Addition (Cab. A Slide 1476 P.R.T.C.T.). d. On Tract 4, Green Meadows Addition list the existing zoning as I-1. e. Within the Greenlee Business Park subdivision label the existing zoning of all lots (I-1). Correctly show the current lot configuration and other pertinent information of the shown Lot 1. This lot has been divided into two lots designated as Lots I and 1B. f. Label the existing zoning of Tract 6F (north side of East Continental Blvd.) as "I-1" and the L.U.D. as "Public/Semi-Public". 10. Label the L.U.D. of this site as "Industrial' 11. Replace the words "Special Exception Use" with "Specific Use Permit" in the Site information. * The previous plan approved by the City Council required that this site not exceed 1% Site Coverage. The plan presented at that time indicated the site coverage to be at 1 % and was apparently rounded to the nearest 1 % (Actual site coverage of previously approved plan 1.47%) . The site coverage of the previously approved plan did not include tanks shown as "Future Storage Tanks". The apparent reason for this and the site coverage limitation was to require processing of a new SUP prior to construction of the future tanks. The addition of the proposed 168 s.f. laboratory does not increase the site coverage of the previously approved plan since the actual constructed size of buildings 1 and 2 was reduced from 968 s.f. to 800 s.f. The applicant should be aware that a new S.U.P. approval shall be required for tanks shown as "Future Storage Tank". * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be- limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. City of Southlake, Texas * Protected trees cannot be removed outside of 12' from the proposed building without processing a Tree Removal Permit or without approval by the Planning and Zoning Commission. Cuts or fills greater than 4 inches within the limits of the critical root zone of protected trees are not permitted unless adequate construction methods are approved by the Landscape Administrator. Denotes Informational Comment cc: Explorer Pipeline Company VIA FAX ABOVE L.\COMDEV\WP-FMM\REV\98\98027SP 1. WPD 7E-13 PLI0POM SAUPct B AN= to sq. FT. nb x a C� Ne c ui ONTINENTAL BLVD. I.o.:.... s W4Y E - 111Y i{ a "Am ■^' mme am IL am — I TR. B1A IL am Mat 4 5 — - OL = a >� t 6)1 IL a -- -- - WE - a a1 n,ItL 1"a N 0?�.S - 95! 1 tulw.w a as 9 �•— PA w tan at au 7 m IL au ' G aurae art m h±�,it ms >~r Im+f traaa ar • aaaL oslm ! A L �Y "Gaol Mg- taaaq 1 I w i N aaC 1'-ar r N to rl • PBDPDSBD SAMPIS BUILDING tarear tasrl FT. 188 SQ. f( ��aUr YR�I�[4 Wram� G� Ems. I,IL 011rt r GOtMf. fOr i/ DI14 Ma�6�a�t[�adMm� ii r rtaw I.Iaa a. � 011laa�l rOa� � 1�Q Otea ucaysax a. IY M — w. �iiw ASS rDOWN WA w �tiOO Srr � �i��OOs�la ��1woo `�oaW, � Yn a mQ almlS Ia1 'ai raa ar eaMaR m �- M M a'e >•li1 U o ila sei tara� t� t�xa !FI-ar � 01 a7 4ltCI�Qi 1�t/1 ilRl.�l w v i .°O°sa,�►�R e � Gisela oa sae teas te.t+,.r rrr a"awa ar � oltratt ! la l waver uaar t.e i°Z%�r� m ata no lr Nt. agar . 60 r and area a !. / � :s: a x; ;;{;r.•,. Owta ta[ : ulertw mw a Go lamrata s' water aa,tQ ■"■ �■ vma ww vm w . w m "te am atL ara w as arr, vat! a: r ax ,.¢L eaw `+C 1M rm~Y fr" m mu an fY Sol IR "r. Gall ttot. oaono=rar.raa ,. Mate" am a ram m vi alL Y t r ra IOL tat. Ot! a f01a1 !i r aLl M/ Ml LTO mmom m saea�cstoi.�ituaolm. Maw ata a Y to rrla u aloaarr aawrrw � � t/ no►a0�� WY r awae OOtO wtO IIGt ! OIL ttta ! ea Irma mom am ac m mar a err co l■■■ m Ga m eL„mau taoarslafaer u■ �� �� r r,Itn,t,l4rr A7tH >M f ,' wo t aea Net arrr Iw a Itrar sauc aaa mR �1 ILA #a a a Gera Oa. tOL ra an m Orel lets a G um on ms:wtm.lL m - o rU U=A r•Gua ie N ra lost Nat armtr 'am ML I= ■�+r_ �m�tt i rewlmOW taaaal Lmarar ,• 413 Q� �f dt at Y WAWM .tat lu"mt a-ar rrq rose UKPa wm ma .oer as I= at-r rmaawOf" mawm7.Iaf /ma m" SITE PLAN SOUR W(E METER STATION AND TERMINAL rn VAM amp. mus O� an Of samw¢, lass aQOmu mom amm O 6846 SOUTH CWFON AVE. co TULSk OKLA.* 74136 (918) 493-5100 Q IDUK MK ML 017) 1m-" 0a1OO1a1NO= GL pla M i l- a 4 Gas aawa t-aw lara m t-"-a lets iM Resolution No.98-30 Page 1 RESOLUTION NO.98-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR Pw.'F QIEtJRATI90NS WITHIN `THCIT OF 4�xw,rv.)'kr ta&a>W�i"e rases' "wre:a MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit forl?7eire�Ieum operar Lions has been requested by a person or corporation having a proprietary interest in the property zoned as 7I=2" Heavndual Distract; �t. and, WHEREAS, in accordance with the requirements of Sectlon4 of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for 0troleum�a�rafions the property being legally described asTract 1B �Artiu afeii - "�onDcker;urvlbslrac No �� tsB end 4C, situdbi-4th QWIVl"c` e Atis act No 1013 and Tract 1 S, , ni i 'ayfon rak.s.wl.,_..,.,._<c..z... R SQlaii " urve �bsira ariding apromel� 48 more fully and completely described in Exhibit "A", and as depicted on the approved development plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. Resolution No.98-30 Page 2 2. 4. 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1998. (w ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas CITY OF SOUTHLAKE By: Rick Stacy, Mayor '115-149 L:\COMDEV\WP-FILES\RES-ORD\98-30PET.WPD Resolution No.98-30 Page 3 Cl EXHIBIT "A" PROPERTY DISCRIPTION: A TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE H. DECKER SURVEY, P.R. SPLAIN SURVEY, AND THE C.B. McDONALD SURVEY ABSTRACT NO. 438, 1453, AND 1013, COUNTY OF TARRANT, STATE OF TEXAS, AND BEING MORE PARTICULARLY DESCRIBED: BEGINNING AT A POINT: SAID POINT BEING THE INTERSECTION OF THE NORTHWESTERLY RIGHT—OF—WAY LINE OF THE ST. LOUIS AND SOUTHWESTERN RAILROAD AND THE WEST LINE OF THE P.R. SPLAIN SURVEY NO. 1453. THENCE SOUTH 54 DEGREES 35, MINUTES WEST A DISTANCE OF 73.27 FEET (26.38 VARAS); THENCE NORTH 0 DEGREES 23 MINUTES WEST 514.45 FEET (185.22 VARAS) THENCE DUE NORTH 670.21 FEET (241.30 VARAS); THENCE NORTH 89 DEGREES 45 MINUTES WEST 959.21 FEET (345.4 VARAS); THENCE DUE NORTH 598.16 FEET (215.16 VARAS); THENCE SOUTH 89 DEGREES 45 MINUTES EAST 1019.34 FEET (367 VARAS) TO A POINT, SAID POINT LYING 23.61 FEET (8.5 VARAS) FROM THE NORTHEAST CORNER OF THE H. DECKER SURVEY NO. 438; THENCE DUE SOUTH ALONG THE EAST LINE LINE OF H. DECKER SURVEY NO. 438 A DISTANCE OF 1267.93 FEET (456.5 VARAS); THENCE SOUTH 0 DEGREES 23 MINUTES EAST 240.17 FEET; THENCE NORTH 89 DEGREES 37 MINUTES EAST 331.0 FEET TO THE NORTH RIGHT—OF—WAY OF THE ST. LOUIS AND SOUTHWESTERN RAILWAY; THENCE SOUTH 54 DEGREES 35 MINUTES WEST ALONG SAID NORTH RIGHT—OF—WAY LINE 403.9 FEET TO THE POINT OF BEGINNING, CONTAINING 16.48 ACRES. EXHIBIT "B" A PROPOSED GYMS BU/lDI'F Ff. uxom Gus Q�. 1 EAST CONTINENTAL BLVD. 1.a]r1w s w [ - Iomx !r--- ", - - tw .- F�a�� R I 3�7lC 3 TR. B1A >:ilC 4 r 6# IX. ...� a w rvw rsa] N lYAS N- 939 1 r1n.w aw 9 �L >ti r� elr�u _ 10 iw i�i t�4 iswforr n w 11 • rna O0w r A • Imaw solo Use• oaw> N c]a nlr w r i i r PROPOSED SAMPLE BUILDING Insir pw IBC SQ. IT. •sawnngr unlwraw aalaa sxaaseloi. ra s1,w swa r as u rows anRr nssN] a na w r ant wwr • wsr sa] • cr/. r a]• v rnanagr was ws�'ia lirx:ulie aui.n�rfelis>�� Ira s>R ra sur olw q 11a aalc ]sra w rs®a +wo ic�l n��u111��1p0r��ila�lwrrp�pnww�ixr r ��11�• ��a�apr�arns�lrw�ic rrllwli llw Tw�VO./O i�il l[w9 rN w] M RR�w fa0 q Q 11nC 1[ ]w 11n. 11[ 0 n! IR Of R pONi Or KOIMi cos Err a a ] own r IiY li we m •Ism lac calama riw ]/A'NNr� a cola wl son ar�u wr au .[ m rwa s a[ n os w s]alcw waRn can m "asm sane oaw soma-r-i ua wrriwr ran r aswR mnwa qw n]a n`a'. �— cans mw 1� lanr wsaa w ail O0w i q • IiNpa time rwrl r1rn01nnl! 1•Y qr iarl w / frwi Cow r q I IlrN 1Bial a°iii� a�w m Maw us wa rm s wac � w plomcraw w>t �/ .:,..':,.:,:•:':,: sr]a ssa p msrnla>R t wo Mmrra ""a10f oa,e M c a]w[ sic ■ at .� onlr a o11u„n ®ollawswaw sa ion me sea aa>•ilea m, vwsrssa OE;a.,w� m ]rc MR ]r]vaaw. as m. arsawrraa rna rrna Rw•seiw O m wwwk c]Mas YL aR wa. R OOlwgO 0wm=raa 1�MM © raaaar m asili•.rsf-mm. o�'iav Rw � mall[ .1r�aw°w� .... s.o ilrr wrrrrl Iwr r saw v nee 1M i a]R roe q sa uws Vw! m a! 1]ao Rr 01R Ra M sawwl ru IrR ]aw lac roe omaa s: mare u a 0 w Nwaq-1e rw aQ L ■ -16-18 VICINITY MAP • N �• na rwa•om w. la g sans Y�F °'ri.rs I�ia m of :uwi rwaw 1 ] rM 00011E A l r[]laiw yff 1 � Dews Oa\- ]nawY 61 R] jInnl ll]]] wa]a min / ra01a rri Iy'y/ I k e IPA *jar a auwna Iw1] aolum n w-]4 p1 as]I sic r rarn Iw rtilsw asps ow qa as arlslc r an mrs aasq ww i 1i raM• m ]-] SITE PLAN SOUTHLAKE METER STATION AND TERMINAL 00 rn Ucw11 COcr/, Tm a) arc a wsl M. Tm cm%o er®t P87c�ii i cowkw O 6846 SOUTH CANTON AVE. c7 TULSA, OKIA 74136 (918) 493-5100 iFM K mm N& (817) 181-1010 woe e]mcs Q wr 1o�www GVJ �i �w osn �w It >saw lees stv s s.lsa 1ww >-w 14 IN City of Southlake, Texas MEMORANDUM April 30, 1998 TO: Curtis E. Hawk, City Manager FROM: Nona Whitehead, Community Services Coordinator SUBJECT: Ordinance No. 635, 1st Reading, Amending Ordinance No. 653 Creating a Senior Advisory Commission, to increase membership from six to seven, modify qualifications, and provide for other miscellaneous wording changes. For a variety of reasons, there are several vacancies on the Senior Advisory Commission. The remaining members have had to make decisions with only 3 or 4 members for the last three months. The Senior Advisory Commission is requesting an increase of membership from 6 to 7 members to help ensure adequate discussion on issues requiring a vote. There is also a proposed major change in the requirement for members to be age 55. This proposed change allows (2) members to be younger than 55 if they have experience or education that is deemed helpful to the commission. This issue was not without controversy, and I would refer you to the attached minutes from their special meeting. In addition they are requesting several other minor revisions to ordinance 653. I have made a comparison of the changes in the attached matrix. In order to have their full appointments made when the new Council is seated, please add this item to the agenda for the May 7, 1998 City Council agenda. rzJ NW Attachments: Ordinance 653-A Ordinance 653 Comparison Matrix Senior Advisory Commission Minutes dated April 28, 1998 ORDINANCE NO. 653 -,A A REVISION OF ORDINANCE 653, ESTABLISHING A SENIOR ADVISORY COMMISSION FOR THE CITY OF SOUTHLAKE; ESTABLISHING THE NUMBER OF BOARD MEMBERS AND THEIR TERMS OF OFFICES; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THE SENIOR ADVISORY COMMISSION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it advisable and necessary to revise Ordinance 653 which establishes a Senior Advisory Commission for the City of Southlake, to act as an advisory board to the City council relating to senior programs and city issues; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. Senior Advisory Commission. There is a Senior Advisory Commission for the City of Southlake, Texas, herinafter referred to as the "Senior Advisory Commission Section 2. Number. Qualifications and Terms. Advisory Commission shall consist of seven 7 City of Southlake Texas a. The Seniorry () ty , residents who must be at least 55 years of age. An exception may be made at the discretion of City Council to appoint no more than two members under the age of 55, who have either education and/or experience which is deemed to be beneficial to the Senior Advisory Commission. The City Council shall appoint members for two (2) year terms, using the following procedure. (1) Interested residents of the City of Southlake, who meet the above requirements shall submit an application to the City Secretary. (2) The appointment process shall be consistent with the City Council interview procedure for other boards and commissions. b. The Council shall appoint members who shall serve their terms without compensation. All appointments to fill unexpired terms shall terminate as per the original appointment. C. The City Council shall also appoint two (2) persons to serve as Alternate members. Such members shall meet the qualifications for the Senior Advisory Commission, shall attend all meetings, shall serve for a term of one year from the date of the appointment, and shall not be entitled to vote unless they are sitting in for an absent member. 4/28/98 1 wd\seniors\ord.doc (We d. Vacancies shall be filled as need arises. The Senior Advisory Commission has the authority to move Alternate members to full member status as need arises. When the number of Senior Advisory Commission Members and Alternate members falls below seven (7), the City Council will be requested to fill the vacancy as soon as possible. Section 3. Senior Advisory Commission Meetings and By -Laws. The Senior Advisory Commission shall meet in the first regular session of each year beginning in June, and shall elect from the members a chairman, vice-chairman, and secretary for one year terms and until their successors are elected. The Senior Advisory Commission shall adopt by-laws to govern the holding of its meetings which, at the minimum, shall encompass the following: a. Regular meetings shall be held once a month. b. Manner of holding and calling special meetings. C. Majority (4) of members shall constitute a quorum. d. Members not able to attend a regular meeting or special meeting shall give the Chairman of the Senior Advisory Commission or the staff liaison a two hour notice. e. Any Member, or Alternate Member with absences from three (3) consecutive regular meetings shall be reported to the City Council, which may at its discretion, remove the commission member and appoint a replacement. f. Minutes of each Senior Advisory Commission meeting shall be filed with the City Secretary and distributed to members of the City Council. Section 4. Duties of the Senior Advisory Commission. The duties and responsibilities of the Senior Advisory Commission shall be to: a. Act in an advisory capacity to the City Council in all matters pertaining to programs and issues, including development of long range capital improvement programs which impact senior citizens. b. Recommend changes in policies which impact senior citizens. C. Annually prepare and submit to City Council a review of senior related programs, services, and needs. Section 5. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by (awl 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 4/28/98 2 wd\seniors\ord.doc 4-4;� this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 7. This revised ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF ,1998 MAYOR ATTEST: CITY SECRETARY 4/28/98 wd\seniors\ord.doc 3 $- 4-3 (W ORDINANCE NO. 653 AlN ORDI`ANCE ESTABLISHING A SENIOR ADVISORY CONINTISSION FOR THE CITY OF SOUTHLAKE; ESTABLISHING THE NUMBER OF BOARD MEMBERS AND THEIR TERMS OF OFFICES; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE SENIOR ADVISORY COMMISSION; PROVIDING THAT THIS ORDINANCE SHALL BE CUML-LATIVE OF. ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it advisable and necessary to establish a Senior Advisory Commission for the City of Southlake, to act as an advisory board to the City Council relating to senior programs and city issues; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHIAKE, TEXAS: Section 1. Creation of Senior Advisory Commission. There is hereby established the Senior Advisory Commission for the City of Southlake, Texas, hereinafter referred to as the "Senior Advisory Commission". (WW Section 2. Number. Qualifications and Terms. a. The Senior Commission shall consist of six (6) citizens of the City of Southlake, Texas, who must be at least 55 years of age. The City Council shall appoint members for two (2) year terms. The Council shall appoint the members using the following procedure: (1) Interested persons meeting the qualifications shall submit an application to the City Secretary. (2) An interview committee, comprised of four members, one City Council member, one Park and Recreation Board member, one member of City staff, as appointed by the City Manager, and one Board: member of the Southlake Park Development Corporation, shall review the applications and conduct interviews if appropriate. (3) The committee shall make recommendations for members to the City Council, giving consideration to ensuring an even distribution among / the age and gender of the applicants. QW f:\17iles\slake\ordinanc\parkboar.in3 (1-08M) Page 1 (We b. The Council shall appoint members who shall serve, without compensation, until their successors are appointed. C. Places on the Commission shall be numbered one (1) through six (6). Vacancies shall be filled in the same manner provided for regular appointments. In making the initial appointments, the City Council shall appoint three (3) members of the Senior Commission for two-year terms and three (3) members for one-year terms. d. The City Council may appoint persons to serve .as ad hoc members of the Senior Commission. Such members shall serve for a term of one year from the date of appointment and shall not be entitled to vote. Section 3. Senior Commission Meetings and By-!Aws. The Senior Commission shall meet in the first regular session of each year and shall select from the members a chairman, vice-chairman, and secretary for one year terms and until their successors are elected. The Senior Commission shall adopt by-laws to govern the holding of its meetings which, at a minimum, shall encompass the following: a. Regular meetings shall be held once each month. b. Manner of holding and calling of special meetings. C. Majority of members shall constitute a quorum. d. Members not planning to attend a regular meeting or special meeting shall notify the City Secretary or the Chairman of the Senior Commission by 12:00 o'clock noon of the meeting day. e. Anv member with unexcused absences from two (2) consecutive regular meetings or not exhibiting interest in the work of the Senior Commission shall be reported to the City Council which may, at its discretion, remove the commission member and appoint a replacement. f. Minutes of each Senior Commission meeting shall be filed with the City Secretary. Section 4. Duties of the Senior Advisory Commission. The duties and responsibilities of the Senior Advisory Commission shall be to: a. Act in an advisory capacity to the City Council in all matters pertaining to senior programs and issues, including development of long range capital improvement programs. b. Recommend policies in senior services and improvements. C. Recommend senior -related programs for development of recreational facilities, areas and improved recreation services. (.\17tles\slake\ordinanc\parkboar.tn3 (�10&95) Page 2 L d. Prepare and submit to the City Council an annual review of senior -related programs and services. Section 5. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1995. OJ.- `"LAK ,l MAYOR 5 F� } v ITY SECRETARY t.\tiles\stake\ordinanc\parkboar.ln3 (12108M) Page 3 7 ' I M 31 PASSED AND APPROVED ON SECOND READING ON TSIS DAY OF uftzkw - 1,4 r MR1311 b, a h.., � P, � rce' r VA A CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: eP,v'kPI ��(19 City Attorney f.•\tiles\slake\ordinanc\parkboar.fn8 (L2/%95) I Page 4 Comparisons between Ordinance 653 and the proposed Revised Ordinance 653-A Ordinance Sections Section 1 Wording Change Section 2 (a) Number (a) Qualifications (1) Wording Change (2) Appointment Process '3) Age and gender (b) Wording Change (c) Places (d) becomes (c) (d) Vacancies Section 3. Wording Change (,,,"e) Absences Wording changes Ordinance 653 There is hereby established 6 members 55 years of age Ordinance 653-A There is a Sr Advisory Commission 7 members Allows (2) members to be younger than 55 if they have either experience or education that is deemed valuable Interested persons, meeting_ qualifications Interested residents Committee includes Park Board and SPDC member even distribution of age and gender until their successors are appointed places numbered Ad hoc members filled as need arises... initial appointments defined one year terms "unexcused absences from (2)" "not exhibiting interest" Appointment process to be consistent with other boards (3) is eliminated All appointments to fill unexpired terms shall terminate as per the original term being filled places are eliminated ad hoc members changed to Alternates SAC has authority to move Alternate members to full status as need arises. When the number falls below (7), the City Council will be requested to fill the vacancies as soon as possible. add "beginning in June" removes "unexcused" change to (3) absences. removes "not exhibiting interest" (f) Minutes �.. Section 4 A .y (a) Advisory capacity (b) Wording change Recommend policies in senior services and improvements (c) Programs Recommend senior related programs facilities, and services I add "and distributed to City Council" add "which impact Sr Citizens" Recommend changes in policies which impact senior citizens this section is eliminated because it is covered under (a) UNOFFICIAL MINUTES CITY OF SOLITHLAKE SPECIAL MEETING OF THE SENIOR ADVISORY COMMISSION April 28, 1998 Old Union Room - Bicentennial Park MEMBERS PRESENT: Dick Johnston, Chair; Wanda Buschman, Fran Weiser (Note: as the purpose of this meeting was to approved proposed revisions to Ord. 653, Martha Greenburg who had help make the proposed revised document was considered to have cast a proxy vote of yes. Also, three of five available members was considered a quorum.) STAFF PRESENT: Nona Whitehead, Community Services Coordinator Agenda Item No. 1. Call to Order The meeting was called to order by Chairman Johnston at 1:10 p.m. Agenda Item No. 2. Discussion of Proposed Revisions to the Senior Ordinance Wanda Buschman moved to adopt the proposed revisions. Fran Weiser seconded the motion. Nona Whitehead distributed a matrix to compare the old ordinance to the proposed revisions. Fran Weiser voiced her strong feelings about allowing (2) members of the Commission to be younger than 55 years of age. Fran pointed out that the recommendation of the Commission at the last meeting was to make an exception for Martha Greenburg, who is younger than 55, to continue serving. The proposed revision goes beyond the recommendation. Fran moved that the number be changed to (1) member being under the age of 55. Dick Johnston pointed out that age alone does not determine senior knowledge and that most legislators who impact the lives of senior citizens are not over age 55. Wanda Buschman expressed her strong feelings that age should not be a factor and that she had no problems with allowing members to be younger than age 55. The motion died for lack of a second. The original motion to recommend the proposed revised ordinance 653-A to the City Council was approved unanimously. There being no other business, the meeting was adjourned at 1:30 p.m. Approved Dick Johnston, Chair Attest City of Southlake, Texas MEMORANDUM May 1, 1998 TO: Mayor Rick Stacy and Councilmembers FROM: City Secretary, Sandra L. LeGrand SUBJECT: Resolution No. 98-29, Appointment of a Mayor Pro Tem and Deputy Mayor Pro Tem Resolution No. 98-29 allows for the appointment of a Mayor Pro Tem and Deputy Mayor Pro Tem as outlined in Article 2.07 of the Home Rule Charter of the City of Southlake. As stated in the Charter, "At the first meeting after each general election, general election run-off, in any, or as soon thereafter as practicable, the Mayor shall, with the approval of the Council, appoint one of the Councilmembers as Mayor Pro Tem and one as Deputy Mayor Pro Tem who shall hold their offices for one year. The Mayor Pro Tem shall perform the duties of Mayor in case of the absence or disability of the Mayor. In case of absence or disability of both the Mayor and the Mayor Pro Tem, the Deputy Mayor Pro Tem shall perform the duties of Mayor." Resolution No. 98-29, is included in the packet for action to be taken at the Council meeting. If there are questions, please contact Mayor Stacy regarding these appointments. 011 City of Southlake, Texas RESOLUTION NO.98-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM PURSUANT TO ARTICLE 2.07 OF THE HOME RULE CHARTER; PROVIDING AN EFFECTIVE DATE. WHEREAS, a Home Rule Charter was approved by the voters in a duly called Charter Election on April 4, 1987; and, WHEREAS, Article 2.07 of the Charter allows for the appointment of a Mayor Pro Tem who shall perform the duties of the Mayor in case of the absence or disability of the Mayor; and, WHEREAS, on January 21, 1995, a Charter Amendment Election was held in which Article 2.07 was amended to include the appointment of a Deputy Mayor Pro Tem who shall perform the duties of Mayor and Mayor Pro tem in case of the absence or disability of the Mayor and Mayor Pro Tem; and, WHEREAS, the term of office for the Mayor Pro tem and Deputy Mayor Pro tem shall be one (1) year, according to Article 2.07; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in its entirety. Section 2. Effective immediately, the Mayor has appointed, with the approval of the City Council, Councilmember to serve as Mayor Pro tem, who shall hold office for one (1) year•, and, Councilmember , to serve as Deputy Mayor Pro Tem, who shall also hold office for one (1) year. Section 3. This resolution shall be in full force and effect from and after its passage and approval by the City Council. PASSED AND APPROVED THIS THE 5TH DAY OF MAY,1998. Attest: i Sandra L. LeGrand CITY OF SOUTHLAKE, TEXAS BY: q X.)- City of Southlake, Texas f� I MEMORANDUM May 1, 1998 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Sign Variance Appeal for Scooter's Superstore (Convenience Store) at 2115 E. S.H. 114. Attached is Chuck Bloomberg's memo outlining a variance requesting a monument sign on Kimball Ave. Note that the sign complies with the current ordinance, except for the reader board issue. In their presentation, they state, among other things, that reader boards of this nature have been allowed at the Texaco station across Kimball and the Chevron station on F.M.1709. They had included photographs of various locations where the reader board was allowed, however, for the sake of brevity, we did not enclose these photographs. We, instead, encouraged the applicant to have the photographs with him at the Council meeting. If you have any questions, please feel free to contact me or Chuck Bloomberg. 60, BC/bls Attachments 10A-1 r City of Southlake, Texas MEMORANDUM DATE: April 7, 1998 TO: Billy Campbell, Director of Public Safety FROM: Charles R. Bloomberg C. B. O., Plans Ex er SUBJECT: Sign Variance Appeal for Convenience Store at 2115 E. State Highway 114. Mr. Jim Ridenour of Texas Petro has applied for a variance to allow a reader board sign to display the gasoline price. Due to their corner location the store is permitted to have a monument sign on Kimball Ave. and a freestanding sign on Highway 114. This request is to have the reader board panel on the freestanding sign only as shown on the attached drawings. The signs comply with the ordinance requirements in all respects except for the reader board issue. Mr. Ridenour of Texas Petro as well as Mr. Curtis Natvig of Plano Signs will be present at the council meeting to answer any questions that may arise. They have requested this be scheduled on the May 5, 1998 City Council meeting. Attachments: Application form Color sign drawing Site plan Photos of similar area signs xc: Paul Ward, Building'Official 1OA-2 CITY OF SOUTHLAKE February 6, 1995 SIGN VARIANCE APPLICATION „r APPLICANT OWNER (if different) NAME: Texas Petro Corp. III .Inc. ADDRESS: 2115 E . S.H. 114 Sniifh1aka.,Tx 7-6092 PHONE: 817-282-7611. FAX: 817-282-7613 The following information pertains to the location for which the variance is being requested: NAME OF BUSINESM OR OPERATION: Scooter's Superstore PHYSICAL ADDRESS: 2115 E. S.H. 114 LEC-AL DESCRIPTION : Lot 5 Block Subdivision I hereby certify that this application is complete as per the requirements of Sign Ordinance No. 506 as summarized below. I further understand that it is necessary to have a r-oresentative at the City Council meeting who is authorized to discuss this request, Tess any unresolved iss s, nd approve c anges, if any. Applicant's Signature: Date: 4/23/98 For City Use Only: I hereby acknowledge receipt of the sign variance application and the appliction fee in the amount of $ on this the day of , 199_. Signed: Title: The following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign Ordinance No. 506 and amendments, and other ordinances maps, and codes available at the City Hall that may pertain to this sign variance request. Completed sign variance request application. Completed demonstration of conditions applicable to the requested variance (see attached.) Site plan showing the location of the sign variance request and any other signs that conform to or are exempt from the sign ordinance. The site plan shall also indicate the building, landscaped areas, parking & approaches and adjoining street R.O.W. Scaled and dimensioned elevations of the signs for which the variance is Qw requested. For attached signs, the elevations shall show the building, the sign for which the variance is requested, and any other signs that conform to or are exempt from the sign ordinance. /o 14-3 Demonstration 1. That a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant. The service station/oil industry has a long standing history and consistent method of conducting business in the sale of fuel to motorists. Pricing is the single most important component as it relates to the customers daily buying habits and decisions. Pricing of fuel constantly changes ( sometimes day to day) and is an integral part of the marketing equation for this type of business enterprise. To communicate this aspect of the business the industry relies exclusively on changeable price signage to effectively convey these aspects to the consumer and compete with their peers. The customer is accustom and comfortable with this method of communication and accepts and uses it as a way to make buying decisions as it relates to their purchases of fuel. A service station without the capability to convey pricing on a consistent and daily basis will suffer serious consequences in its ability to be successful and thrive in such an environment. It will put it at an unfair advantage as it relates to the standard practices of the industry and generally accepted consumer perception of doing business. It is inconceivable that a business of this nature will succeed if pricing flexibility of it's fuel products is not allowed. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed There are two other service stations in close proximity to the new Mobil station selling the same products who have pylon signs using changeable copy to convey pricing of their fuel products. One of these stations (Texaco) is located across the street (Kimball) and the other (Diamond Shamrock) about one block east along the north side of highway 114. There is no reason to believe these two enterprises will not continue to market there product through flexible pricing via changeable copy signage for the foreseeable future. If Mobil is required to compete without the use of the same communications devices it will suffer greatly in their ability to effectively compete. In other words the Mobil service station will not be competing on a level playing field and has no cost effective alternative method of communicating their pricing. 3. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. Because the adjacent properties are in a business/retail corridor along highway 114 and there are other service stations with exactly the same type of signing the variance should not have any negative effect and certainly will be compatible with and in the spirit of a healthy business environment. 4. That the variance will be in harmony with the spirit and purpose of the sign ordinance. All aspects of the proposed pylon sign meets the sign ordinance criteria with the exception of the requested variance for the changeable copy element. Therefore, this sign will be in harmony with the f. related business environment and in the spirit of compliance with the City of Southlake sign ordinance. /o A-y $'0„ NJ A OLUMN 20'0" O.A.H. MNS This drawing is the property of Plano Signs and cannot be reproduced or used without autorizationfrom Plano Signs. Primary electrical circuitto sign and connection is by others and not part of this draw ingorproposal. p L A N O S I G N S 601 J Place, �#300 Plano, Texas 75074 SCALE: DATE 10-8-96 ' CLIENT: SALESMAN: FILE: APPROVAL: to A -5'