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1999-01-05 CC Packet .�� City of Southiake,Texas MEMORANDUM December 30, 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 January 5, 1999 You will note some subtle changes to your packet documents, which reflect changes we are making to our agenda management process. Essentially, we are attempting to improve the development of the agenda and packets for City Council and other boards by standardizing the format of the memos. The purpose of making the changes is to delineate a process by which City Council, Board and Commission agendas and packets are prepared to meet the following objectives: 1. Ensure comprehensive, correct information is distributed; 2. Ensure information is presented in an easy-to-read, understandable format; 3. Ensure items are scheduled according to priority and item completeness; 4. Ensure an efficient and effective review process; 5. Ensure that Council and Board time is managed effectively. We would be interested in your feedback. Please let Shana Yelverton know your thoughts on the changes. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 2 of 17 1. Agenda Item No. 5A. Approval of Minutes of the Regular City Council meeting and the Special City Council Meeting held on December 15, 1998. If you have any changes to the minutes of either the Regular or Special City Council meetings please discuss these at the worksession or notify Sandy LeGrand prior to the meeting. She will bring the amended minutes to the meeting for your consideration. 2. Agenda Item No. 5B. Ordinance No. 727, 1st Reading, revising Southlake City Code, Chapter 12, Article III, Sections 12-97 through 12-99, revising number of members of Youth Park and Recreation Board, and incorporating revisions of Ordinance No. 646-A. You will recall making changes to this ordinance last September. The changes made at that time related to the method by which members of the Youth Park and Recreation Board are appointed and redefining them as an advisory board to the Park and Recreation Board. Although those changes were made by ordinance, we did not specifically amend the city code at that time. The changes presented to you at this time have been brought forward at the recommendation of the Park and Recreation Board, primarily to increase the number of members from seven to nine. The memo from Kevin Hugman explains the changes, and includes a redline/strikeout version of the ordinance for ease of identifying the changes (note that the redline/strikeouts include the changes made in September by ordinance; your action on this item amends the code). Please let Kevin know if you have any questions about this ordinance. 3. Agenda Item No. 5C. Authorize city staff to reject bids for construction of a sanitary sewer lift station to serve the Raintree/Shady Lane area and authorization to advertise for bids for the construction of a sanitary sewer lift station at Lonesome i Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 3 of 17 Dove and a lift station to serve the Raintree/Shady Lane area. The bids received for the sanitary sewer lift station designed to serve the Raintree/Shady Lane area were significantly higher than the $467,000 budgeted in the CIP. The lowest bid received was $626,800. The higher than anticipated price can be attributed to the high demand now existing in the construction industry for this type of work. As indicated in the memo from Public Works Director Bob Whitehead, we are requesting that the City Council reject the bids, and allow staff to consolidate the bidding of two projects for the construction the Raintree/Shady Lane lift station and the Lonesome Dove lift station. Combining these two projects into one bid package will likely result in lower prices. There is a total of $1,000,000 to construct both lift stations budgeted in the CIP. The Raintree/Shady Lane lift station is essential to the City's infrastructure to pump co, the sewage generated in those designated drainage basins to the gravity main along Kirkwood Boulevard currently under construction. The construction of the Lonesome Dove lift station will provide the ultimate lift station necessary to service that portion of the City. Please contact Bob Whitehead if you have any questions. 4. Agenda Item No. 5D. Authorize the Mayor to enter into a professional services agreement with Alpha Testing, Inc., for construction materials testing services for the slurry grouting of pipe bedding and pavement replacement at the Timarron Bent Creek subdivision. The memo from Bob Whitehead points out our need to provide for testing with this project. Alpha Testing, Inc. performed the testing on the previous rehabilitation, so they are familiar with the project and were able to provide the service to us for a good price. Questions about the contract, fee, or testing process should be directed to Bob Whitehead, or Capital Projects Coordinator Shawn Poe. C Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 4 of 17 Note that we intend to address the street failure issue with you in an upcoming executive session, perhaps at a special meeting. We need to take some time to review the consultant's study report and discuss our legal options with the City Attorney. Although we are always reluctant to do so, we intend to schedule a special meeting in the near future (perhaps the second Tuesday in January?) to discuss drainage and other public works issues in detail. This would be an ideal time to schedule an extended executive session to discuss the street failures. Please let Shana Yelverton or Sandy LeGrand know your availability for a Special City Council Meeting in January. 5. Agenda Item No. 5E. Authorization to advertise for bids for the painting of the 0.5 MG elevated storage tank on Florence Road. As part of the State's required maintenance schedule for elevated storage tanks, it is now time to repaint the Ce elevated storage tank on Florence Road. Painting both the inside and outside of the tank is required to protect the steel from rust and exposure to the elements of weathering, and to ensure water quality is maintained. The ideal time of year to complete this painting project is during the winter months when water usage levels are at a minimum. The 1998-1999 CIP budget allocated an estimated $105,000 to paint the tank. Seeking bids now will provide adequate time to review bids and complete the work prior to the spring of 1999. Please contact Public Works Director Bob Whitehead if you have questions regarding this item. 6. Agenda Item Nos. 5F, 5G, and 5H. Authorize the Mayor to enter into facility usage agreements with Youth Sports Associations. These are one-year agreements that are reviewed and approved by City Council (upon recommendation by the Park and Recreation Board) and the Southlake Baseball Association, Southlake Girl's Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 (b., Page 5 of 17 Softball Association, and the Grapevine/Southlake Soccer Association. We initiated these agreements in 1994 as a means of outlining the parameters under which we work with these groups, to foster a cooperative working relationship with each association. Since we have begun using these agreements, operations have worked smoothly with the associations. The agreements before you have been approved by your advisers on the Parks and Recreation Board, as well as the officers of the associations. Please let Kevin Hugman know if you have any questions about the agreements. 7. Agenda Item No. 5I. Award of bid to Smith Pump Company for the purchase of a pump and motor and authorize staff to proceed with the purchase of electrical switchgear for modifications to the Southlake/Keller Pump Station. The modifications to the Southlake/Keller Pump Station is part of the expansion necessary to ensure the increasing demands for water usage are met for the summer of 1999. The existing pumps will not be able to provide the increased demand, as they were pumping above the design capacity during the summer of 1998. To ensure expansion of the system before next summer, it is necessary to first purchase the pump, motor, and electrical switchgear. Bids were received for the pump and motor, but due to a miscommunication between the manufacturer of the electrical equipment and the suppliers, we did not receive any bids for the electrical switchgear. The total estimated cost for the purchase of the equipment is $105,000 and is budgeted in the 1998-1999 CIP. The low bid for the pump and motor totals $40,000 .by Smith Pump Company, Inc. We have already received one written quote for the electrical switchgear at $40,000.00, which is within the budgeted amount of $65,000.00, and we expect at least two more written quotes prior to your meeting. Because the bidding process takes at least three weeks, it is not feasible to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 6 of 17 re-bid the electrical switchgear and meet the project completion deadline. Therefore, upon the receipt of the written quotes, staff is requesting City Council to authorize the purchase of the electrical switchgear to the supplier with the lowest written quote. We realize this is an unusual approach, however, our attorneys have been consulted and it is their opinion that we can proceed as proposed. We would normally re-bid this item, but time is of the essence and we are comfortable all items can be purchased within budget. We basically "tricked" our pumps to perform at demand last summer, but cannot continue to do so without damaging our system. As such, we have fast tracked this project in order to ensure we can meet next summer's demand. Please contact Public Works Director Bob Whitehead if you have questions regarding this item. C 8. Agenda Item No. 5J. Authorization to advertise for bids for the installation of a pump, motor, and electrical switchgear for modifications to the Southlake/Keller Pump Station. The next step in the expansion of the Southlake/Keller Pump Station is the installation of the pump, motor, and electrical switchgear equipment. The estimated cost for the installation of the equipment is $195,000, as budgeted in the 1998-1999 CIP. As you recall, the costs will be shared at 50% between the City of Southlake and the City of Keller. The total estimated cost for the installation and pre-purchase of the equipment is $300,000. Please let Bob Whitehead know if you have any questions. 9. Agenda Item No. 7A. ZA 98-134, Site Plan for Tom Thumb Center and Eckerd's, amended to Site Plan for Eckerd's only. This item originally included the Tom Thumb Site Plan proposing the retrofitting of the old Food Lion site at the northwest corner of Southlake Boulevard and North White Chapel Boulevard. The • • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 7 of 17 request has been amended to address only the Eckerd's relocation to the northeast corner of North White Chapel and Southlake Boulevard. The Tom Thumb portion of the project has been resubmitted with a request for rezoning and will be going before the Planning and Zoning Commission on January 7, 1999. The Planning and Zoning Commission recommended approval (5-2) on the plan which included the Tom Thumb and Eckerd's on November 19, 1998 subject to the Staff Review, amended as noted in the Staff Report. Chairman Creighton and Commissioner Peebles dissented, stating they felt that the Eckerd's site should comply with impervious coverage requirements. The revision submitted to City Council is in compliance with the impervious coverage requirements. One other concern during the Planning and Zoning Commission meeting was the location of the driveway intersecting Southlake Boulevard. The plan presented to the Commission showed the proposed driveway closer to the intersection of North White Chapel Boulevard and Southlake Boulevard than this plan. The applicant has formed an agreement with the property owner (Dr. Wright) to the east for a common driveway. They propose locating the driveway on the common property line of the two sites and eliminating Dr. Wright's existing driveway. Feel free to contact Sr. Planner Dennis Killough regarding this item. 10. Agenda Item No. 7B. ZA 98-143, Revised Concept Plan for Dry Clean Super Center. This site is located on the south side of Southlake Boulevard, east of Crooked Lane and adjacent to the Shurgard Storage site. The previously approved plan proposed a single building of approximately 28,000 square feet on a single lot. The revised plan proposes two lots and two buildings totaling approximately 16,000 square feet. The original plan for this site was part of the Zoning and Concept Plan approval for the Shurgard Storage Building site. The Planning and Zoning Commission recommended approval of the revised concept plan (5-2) on December 17, 1998 subject to the Staff Review and amended as noted in the Staff report. Chairman Creighton and Commissioner Peebles dissented with comments as noted in the P&Z minutes (no comments from Commissioner Peebles). Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 8 of 17 There is an unusual issue affecting this request. The Shurgard site was granted a waiver for one of their west bufferyards and were required to place the plant materials along the frontage of this site. Since this sight was not yet constructed, rather than planting the materials and having them damaged by future construction, Shurgard paid the cost of the installation and materials into an escrow account to be disbursed to the adjacent property owner upon installation of the required materials. Since this site is now being proposed as two lots, the Planning and Zoning Commission recommended that the required plants and escrow funds be prorated based on the amount of Southlake Boulevard street frontage of each lot. Feel free to contact Sr. Planner Dennis Killough regarding this item. 11. Agenda Item No. 7C. ZA 98-142, Plat Revision for proposed Lots 5R1 and 5R2, Thomas Easter No. 474 Addition. This is the Plat Revision associated with the previous item (Item 7B, Case ZA 98-143). The plat proposes revising a single lot into two lots. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval (6-0-1) on December 17, 1998 subject to the Plat Review Summary. Commissioner Peebles abstained. Feel free to contact Sr. Planner Dennis Killough regarding this item. 12. Agenda Item No. 7D. Ordinance No. 730, 2' Reading, Amending Chapter 18, Article III, Section 18-80, of the Southlake City Code, to include a portion of North White Chapel Boulevard adjacent to Carroll Junior High School, as a designated school zone. You will recall from first reading that Ordinance No. 730 amends section 18-80 of the City Code, allowing the school zone to be established with a 20 mph speed limit along the designated portion of North White Chapel Boulevard. Because Council did not indicate a desire to change the regular speed limit on North White Chapel Boulevard at your last meeting, this item only addresses the school zone issue. Please contact Bob Whitehead if you have any questions about this item. C Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 9 of 17 13. Agenda Item No. 8A. ZA 98-130, Ordinance No. 480-294, 1st Reading, Rezoning and Concept Plan for Harris Methodist Southlake. This request proposes a zoning change from 0-1 to S-P-2 with 0-1 uses to include ambulatory surgery, imaging center, and associated services that are permitted C-2 uses. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval (7-0) on December 17, 1998 allowing the applicant's proposed parking ratio of one space per 200 square feet of building floor area. Feel free to contact Sr. Planner Dennis Killough regarding this item. 14. Agenda Item No. 8B. ZA 98-147, Plat Revision for the proposed Lots 1R1 and 1R2, Block 1, Gorbutt Addition. This is the plat associated with the previous item (Item 8A, Case ZA 98-130). The original plat submitted proposed four lots of which the most northerly lot is the proposed rezoning and concept plan discussed in the previous item. There was a resident within the Oak Tree Estates subdivision who was concerned about what may be built on the proposed southern lots (three lots) and the effect which that development might have on the existing trees. Since the applicant had no current plan for these lots, he agreed to amend the request to two lots. An issue which arose from the amended request was the cul-de-sac at the end of the proposed street. The applicant did not want to provide the cul-de-sac since it might not remain in the location it would need to be in with the amended request. The Plat before you proposes a "dead end" street which is not permitted by the Subdivision Ordinance. A cul-de-sac or temporary turn around is required at the end of the street. The Planning and Zoning Commission recommended approval (7- 0) on December 17, 1998 allowing the amendment as proposed but stipulating that the street design be in compliance with the Subdivision Ordinance, City Engineer, and Fire Marshal requirements. Feel free to contact Sr. Planner Dennis Killough regarding this item. 15. Agenda Item No. 8C. ZA 98-116, Ordinance No. 480-295, 1st Reading, Rezoning from "AG" to "SF-lA". This property is located on the south side of East Dove Street across from the intersection of Dove and Ridgecrest and includes all of Lot 3, Block 1 Steward Addition. There are no unresolved issues regarding the rezoning of Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 10 of 17 this property. The Planning and Zoning Commission recommended approval (7-0) on December 17, 1998. Feel free to contact Sr. Planner Dennis Killough regarding this item. 16. Agenda Item No. 8D. ZA 98-117, Plat Revision for proposed Lots 3R1, 3R2, and 3R3, Block 1, Steward Addition. This is the plat associated with the previous item (Item 8C, Case ZA 98-116). This plat revises Lot 3, Block 1, Steward Addition into three lots matching the existing ownership lines created by a metes and bounds subdivision of the original Lot 3. Steward Addition was originally platted under a "Gift of Love" provision in the prior Subdivision Ordinance which allowed the subdivision of property for family members by preparing a plat which was submitted to the City and filed with the County without being reviewed. This type of plat is no longer permitted by the Subdivision Ordinance. Lot 3 was therefore platted without "street frontage" as defined by the current Subdivision Ordinance, and is accessed by a 25' road easement. C, Another unusual circumstance is that two of the lots which match the proposed existing tract ownerships are approximately 200 square feet less than 1 acre. Lots zoned "SF-1A" must be a minimum of one acre. The applicant presented this issue to the Board of Adjustments and was granted a variance for the shortage in lot area. The applicant has brought forward this plat in order to receive a building permit for new home construction on proposed Lot 3R3. The Planning and Zoning Commission recommended approval (7-0) waiving the street frontage requirement and stipulating that access to the property meet the requirements of the Fire Marshal. Feel free to contact Sr. Planner Dennis Killough regarding this item or Fire Marshal Bruce Mueller regarding fire protection concerns. 17. Agenda Item No. 8E. ZA 98-150, Ordinance No. 480-296, 1st Reading, Rezoning from "AG" to "SF-1 A". This property is located between Southridge Lakes Parkway and N. Peytonville Avenue adjacent to the Southridge Lakes residential development. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval (5-1-1) on December 17, 1998. Commissioner Peebles dissented and Commissioner Shankland abstained due to the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 11 of 17 adjacency of his residence to this development. Feel free to contact Sr. Planner Dennis Killough regarding this item. 18. Agenda Item No. 8F. ZA 98-151, Plat Showing for proposed Lots 5, 6, and 7, A. A. Freeman No. 522 Addition. This is the plat associated with the previous item (Item 8E, ZA 98-150). There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval (5-0-2) on December 17, 1998 subject to the Plat Review Summary. Commissioners Peebles and Shankland abstained. Feel free to contact Sr. Planner Dennis Killough regarding this item. 19. Agenda Item No. 8G. ZA 98-153, Plat Revision for the proposed Lot 9R, Block 1, the Lakes of La Paloma. This plat combines two lots into a single lot. The purpose for processing a Plat Revision rather than an Amended Plat is due to the request for abandonment of a utility easement and common access easement. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval (7-0) subject to the Plat Review Summary. Feel free to contact Sr. Planner Dennis Killough regarding this item. This item may be one you wish to consider moving to the consent agenda. 20. Agenda Item No. 9A. Resolution No. 99-01, Appointing the Mayor to serve as Chairman of the Board of Directors of the Tax Increment Reinvestment Zone Number One. As pointed out in the memo from Shelli Siemer, Council action is required to appoint the Chair of the TIRZ Board. This resolution would formally establish the Mayor as Chairman. 21. Agenda Item No. 9B. Resolution No. 99-02, Appointing two members of the community-at-large to the Joint Drug and Alcohol Awareness Committee. You will recall that the recommendations of your ad-hoc Drug and Alcohol Awareness Committee included the recommendation to appoint a "permanent" committee to continue the City's efforts to address drug and alcohol issues in our community. Councilmembers Edmondson and Fawks were appointed by the Council to represent Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 12 of 17 the City Council on the committee. You now need to appoint members to the committee from the community-at-large. As noted in the memo prepared by Shelli Siemer, the two individuals that served in this capacity on the interim board have agreed to continue to serve if this is your wish. Please contact Shelli if you have any questions about the committee. 22. Agenda Item No. 10A. Authorize the Mayor to enter into a professional services agreement with The Beck Company for construction management services in conjunction with Southlake Town Hall. The City Council authorized staff to negotiate with The Beck Company to act as the construction manager for Town Hall. As explained by the report on contracting options prepared by Deputy Director of Public Works Ron Harper, there are a number of factors to analyze when determining which contracting approach to take in building the Town Hall. The two options include either selecting a standard contract or a staged construction (multiple contracts) approach. The need for a construction manager is evident if the City Council chooses the staged construction method. The construction manager coordinates all construction activities, including working with the architect to develop cost estimates, and ensures the design of the building is within the established budget. In addition, the construction manager will prepare all bid packages, coordinate design to ensure constructability, establish and follow the construction schedule, and coordinate the work of all construction subcontractors. If the City Council chooses the single contract approach, we will utilize a general contractor. This would mean a more lengthy construction schedule because the project is bid as one complete project, which cannot be advertised until the building design is completed. In contrast to the construction manager's role, the general contractor does not provide the price analysis, scheduling, and overall project management operations. We would need Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 13 of 17 to contract with a construction expert skilled in these areas to be a part of the design team to ensure the costs of the building are within the budgeted amount and the construction will be completed according to the defined schedule. The costs associated with either approach are significant. As indicated in Ron Harper's memo, the fees for the construction manager include a 3.25% fee of the total cost of construction (approximately $390,000), and a 10% general conditions fee not to exceed $1,110,000. The general conditions fee is part of the approved $12 million construction budget, and the construction management fee will be paid for by the TIF funds. Typical fees for this type of project are generally in the range of 10% to 15% of the total project cost. The difference between the construction manager and the general contractor is that the fees are clearly defined in the contract with the construction manager, but the fees for the general contractor are typically rolled into the unit costs or lump sum bids. Either management approach will result in approximately $1.1 million fee to construct the building. Please let myself or Ron Harper know if you have any questions regarding this item. 23. Agenda Item No. 10B. Sign variance appeal for an additional attached sign for The Roomstore at 1600 East Southlake Boulevard. The memo from Director Campbell points out that this variance is needed in order to allow The Roomstore to exchange the monument sign approved on the site plan for an attached sign. The reason for the change, as articulated by the applicant, is two-fold. First, although the ordinance would allow the monument sign on the southeast corner of the property, it is his belief that the monument sign would not be visible from the road due to its location and could create a traffic hazard as people attempt to read it. Secondly, a large oak tree would have to be removed to accommodate the sign. As such, the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 14 of 17 applicant is proposing the elimination of the monument sign in exchange for an attached sign on the east facing wall. Questions about this variance application should be directed to Director Campbell. 24. Agenda Item No. 10C. Award of contract to Sutton & Associates for the reconstruction of North White Chapel Boulevard from the county line to Lake Grapevine. Although the bids for this project were competitive (we received seven), the project will cost more to construct than originally anticipated due to the need for more extensive drainage work. The memo from Bob Whitehead explains the differences between staffs original estimate and the project cost as engineered. We could re-bid the project, but our need for the additional culverts does not change and it is unlikely the bids would come back any lower. This is not an issue of lack of competitive bids. As such, if it is our intent to complete the project as designed, we will need to allocate additional dollars for it. As pointed out in Bob's memo, staffs proposal to fully fund the project is to reprioritize CIP projects, delaying funding for those with right-of-way or scheduling problems. Note that he has provided a number of alternatives which City Council may want to consider. Questions about this item should be directed to Bob Whitehead. 25. Agenda Item No. 10D. Funding the hiring of school crossing guards. This item has been placed on your agenda at the request of Councilmember Edmondson. Given the request of the CISD and the requests at public forum for Council consideration of funding guards for the school sites, staff is prepared to discuss funding alternatives with you. Staff is recommending that you consider participating in funding the program so that CISD can recruit with a competitive wage, enhancing their ability to attract applicants. At the time this memo was prepared we Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 15 of 17 were unable to get details from CISD about their recruiting efforts to date. We will have that information on Tuesday, enabling you to better determine a reasonable participation level. 26. Agenda Item No. 10E. Any action necessary to determine the need for a school zone on West Southlake Boulevard from Carroll High School, to include authorizing the Director of Public Works to request permission from the State of Texas, and to conduct engineering and traffic investigations and studies to determine the maximum speed limit for the school zone. This item has also been placed on the agenda at the request of Councilmember Edmondson. Again, the wording is broad to give you flexibility. Establishing a school zone on FM 1709 will require State approval; as such, we are not bringing forward an ordinance for your consideration yet. Rather, we want to get your direction as to whether we should pursue approval by the State for this project. If we secure the State's approval, we would then proceed with amending our code by ordinance. FYI, it may not be easy to sell the concept to the State since the school in question is a high school (they would be more comfortable if we were requesting a school zone for an elementary school), so if you are interested in pursuing the zone, staff would recommend hiring a traffic engineer to look into the issue. This kind of independent study would establish the technical need for the zone, or not. We could then use the resulting information to determine whether we want to push for State approval. Questions about this item may be directed to Director Billy Campbell or Director Bob Whitehead. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 16 of 17 C Other Items of Interest 27. Maximum Review Comments / Procedural Changes. Councilmember Martin has requested that in January we bring an item to Council for discussion related to potential procedural changes needed to address the large number of review comments sometimes reflected on the Staff Review Summaries. Community Development Staff have been surveying other cities for potential procedures that might address this issue. It is our intent to have this item on the January 19, 1999 City Council meeting agenda. Feel free to contact Stefanie Sarakaitis should you have any questions. 28. Sexually Oriented Business (SOB) Ordinance Amendments. In an effort to keep the Col SOB ordinances proceeding in a timely manner, we have placed Ordinance No. 731 (SOB Ordinance) and Ordinance No. 480-EE (amendments to zoning ordinance) on the P&Z agenda for January 7, 1999. Feel free to contact Karen Gandy should you have any questions regarding these ordinances. 29. Other Pending Ordinances. There are several ordinances you will need to consider during upcoming meetings, such as lighting standards, noise control, bicycle helmets and others. Staff is tracking the disposition of these items, but are placing them on your agenda only as time permits and, as best we can, by City Council's priority listing. While we had hoped to bring a few of these items forward this time, we believed the agenda was too full. If you have any questions about priority projects, please contact the appropriate department director. In the meantime, we are working on revising the timeline for priority projects. CEH Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 30, 1998 Page 17of17 Staff Extension Numbers: 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 Hugman, Kevin, Director of Community Services, ext. 757 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Community Development Director, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Safranek, Lauren, Director of Human Resources, ext. 836 Sarakaitis, Stefanie, Comprehensive Planner, ext. 753 Siemer, Shelli, Assistant to the City Manager, ext. 806 Thomas, Charlie, Deputy Director of Public Works, ext. 814 Whitehead, Bob, Director of Public Works, ext. 740 Whitehead, Nona, Community Services Coordinator, ext. 834 Yelverton, Shana, Assistant City Manager, ext. 705 (ire. - \ \ \ _ _ M:\WD FILES CEH MEETINGS 98 12 30.doc C '>{ ,► City of Southlake,Texas (8.1 MEMORANDUM December 30, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, Deputy Director of Public Works SUBJECT: Town Square Status Report Town Square Progress continues on the infrastructure and commercial elements of this project. Six buildings are currently under construction. Buildings 1A and 1B have been inspected by Building Inspections and have been released for tenant finish work. Buildings 5A and 5B have been released for tenant finish work. Building 4C has had all ��- the exterior sheathing installed, rear stucco has been applied and brick work is Capproximately 80% complete. Building 2C has had framing installed, exterior sheathing is being installed,. exterior stucco has begun. Both buildings have had rough-in mechanical, electrical and plumbing systems installed. Interior framing and sheathing is being constructed. Paving of State Street, Fountain Place and Main Street has taken place. Grand Avenue has had lime applied and work on curbs and gutter was scheduled for the week of December 14; however, inclement weather has delayed this portion of the project. Work on the sidewalks along the main roads has begun. Landscaping is being installed in the parking areas and adjacent to the park areas. Work has begun on the Pavillion. Tenant work and permits have been issued on Banana Republic, Bombay Company, Corner Bakery, Gap, Gap Kids, Harolds, St. John's, Talbot's, Victoria Secret and Williams-Sonoma. Plans reviews have been completed on Bath and Body, Chicos, Eddie Bauer and Gymboree, North Carroll Realignment Work on this adjacent project is well underway. Storm drain is approximately 80% complete, the relocation of the sanitary is complete, and the new water line has begun. Construction of the foundations for the relocated signal lights has been completed and the new poles and arms have been installed. Work on the new road base is scheduled to Cbegin on January 4, 1999. At this point, it still appears that this project will be open to traffic by early/mid March. 4B Town Square Status December 30, 1998 Page 2 C Post Office Square There is no change from the last report on this phase of the project. Town Hall At the December 15 meeting City Council approved the architectural services contract for Town Hall. All language issues have been resolved and staff is finalizing the contract document and obtaining proper signatures. I would like to remind Council Members that individual tours of the project site can be arranged by contacting me 1 - 2 days in advance. Work has progressed to the point where a good feel for the layout and aesthetics of the project can be visualized. RJH/rj d:\wd-files\sts\star 14.doc 4B City of Southlake, Texas MEMORANDUM December 29, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Ordinance No. 727, 1st Reading, revising Southlake City Code, Chapter 12, Article III, Sections 12-97 through 12-99, revising number of members of Youth Park and Recreation Board, and incorporating revisions of Ordinance No. 646-A. Action Requested: City Council consideration of Ordinance No. 727 on first reading. Background Information: This item is being brought forward to make the change requested by the Youth Park and Recreation Board regarding the number of its members. It is their desire to increase the number to nine members from the current seven, in order to ensure better continuity from one school year to the next, and to reflect the same number of members as on the Park and Recreation Board. The underline/strike-through copy of the Southlake City Code reflects this change (shown by bars in side (hp.' margins). You will note that it also reflects: • the changes made previously by Ordinance No. 646-A, approved by City Council on September 1, 1998, regarding the appointment process for members of the Youth Park and Recreation Board; and • changes the references to Parks and Recreation Department to Community Services. Financial Considerations: None. Citizen Input/ Board Review: Approved by Park and Recreation Board on Consent Agenda November 9, 1998 (7-0). Legal Review: Routine change. Alternatives: Not Applicable. Supporting Ce Documents: Ordinance No. 727, redline/strikeout. Ordinance No. 727, clean copy. \\SLKS V0002\khugman$\WP-FILES\COUNCIL\ord727mem.doc 5B-I Curtis E. Hawk December 18, 1998 Page 2 C • Staff Recommendation: Place Ordinance No. 727, revising number of members on Youth Park and Recreation Board on the January 5, 1999 City Council agenda for consideration. KH Approved for Submittal to City Council: City Manager's Office C C \\SLKSV0002\khugman$\WP-FILES\COUNCIL\ord727mem.doc .SiB-z • ORDINANCE NO. 727 AN ORDINANCE AMENDING CHAPTER 12, ARTICLE III, DIVISION 3 OF THE SOUTHLAKE CITY CODE (1996), "YOUTH PARK AND RECREATION BOARD," AS AMENDED BY: CHANGING MEMBERSHIP REQUIREMENTS AS ADOPTED BY ORDINANCE NO. 646-A, CHANGING NUMBER OF MEMBERS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has established a Youth Park and/ecreation Board for Coe the City of Southlake, to act as an advisory board to the Park and Recreation Board relating to recreation programs and park improvements; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. YOUTH PARK AND RECREATION BOARD That sections 12-97 through 12-99 of Chapter 12 "Parks and Recreation" of the Southlake City Code be amended to read as follows: DIVISION 3. YOUTH PARK AND RECREATION BOARD Sec. 12-96. Creation. There is hereby established the nouth park and/ecreation,oard for the city referred to in this division as the "youth board." (Ord. No. 646, §5, 8-15-95) Section 12-97. Membership, qualifications and terms. (a) Appointment procedure. The youth board shall consist of seven (7) nine (9) citizens 1 of the City of Southlake, Texas, who must be students enrolled in school in grades seven through twelve. The City cil Park and Recreation Board shall appoint members for two Ce, (2) year terms. The Council Board shall appoint the members using the following procedure: 1:\parkrec\boards\ypkboard\ypkboa d-ordinance.doc - - - 5!3-3 (0, (1) Interested persons meeting the qualifications shall submit an application to the City Secretary Director of Community Services. (2) An interview committee, comprised of four members, one City—Council member,--oae—Park and Recreation Board member, one member of City staff, as appointed by theCommunity Services Director, I aaci one Board member of the Southlake Park Development Corporation, and one member of the Youth Park Board, shall review the applications and conduct interviews if appropriate. (3) The committee shall make recommendations for members to the Park and Recreation Board, ensuring an even distribution among the age of the applicants. (b) Compensation. The Council Board shall appoint members who shall serve until their successors are appointed, without compensation. (c) Vacancies; initial appointments. Places on the Board shall be numbered one (1) through seven (7) nine (9). Vacancies shall be filled in the same manner provided for regular appointments. members for one_yea� Ord. No. 646, §6, 8-15-95) Sec. 12-98. Meetings and bylaws. The youth board 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 youth board shall adopt bylaws to govern the holding of its meetings which, at a minimum, shall encompass the following: (1) Regular meetings shall be held once each month. (2) Manner of holding and calling of special meetings. (3) Majority of members shall constitute a quorum. (4) Members not planning to attend a regular meeting or special meeting shall notify the City Secretary Director ofCommunity Services or the Chairman of the Youth Board by 12:00 o'clock noon of the meeting day. (5) Any member with unexcused absences from two (2) consecutive regular meetings or not exhibiting interest in the work of the Youth Board shall be reported to the Park and Recreation Board which may, at its discretion, remove the board member and appoint a replacement. C 1:\parkrec\boards\ypkboard\ypkboard-ordinance.doc .5B-1 • (6) Minutes of each youth board meeting shall be filed with the city secretary. (Ord. C.' No. 646, §7, 8-15-95) Section 12-99. Duties and responsibilities. The duties and responsibilities of the responsibilities.' The and f creationAard shall be to: (1) Act in an advisory capacity to the ark and recreation Hoard in all matters pertaining to parks and recreation, including a development of long range capital improvement programs. (2) Recommend policies for recreation services and park improvements. (3) Recommend youth-related programs for development of recreational facilities, areas and improved recreation services. (4) Prepare and submit to the park and recreation board an annual review of youth- related parks and recreation programs and services. (Ord. No. 646, §8, 8-15-95) Secs. 12-100-12-115. Reserved. 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. 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 phrases, clauses, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement of decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in its ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Chapter 2 of the Code of Ordinances of the City of Southlake, or any other ordinances or statutes that pertain to the Southlake Youth Action Commission, Cri 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, I:\park rec\boards\ypkboard\ypkboard-ordinance.doc .sa-s • under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final deposition by the courts. SECTION 5. PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance as required by Section 3.13 of the Charter of the City of Southlake. SECTION 6. EFFECTIVE DATE This ordinance shall become effective immediately upon its passage. PASSED AND APPROVED on the 1st reading the _day of , 199_. MAYOR (00' ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _day of , 199_. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: Le CITY ATTORNEY l:\parkrec\boards\ypkboard\ypkboard-ordinance.doc ,5,8-6 ORDINANCE NO. 727 AN ORDINANCE AMENDING CHAPTER 12, ARTICLE HI, DIVISION 3 OF THE SOUTHLAKE CITY CODE (1996), "YOUTH PARK AND RECREATION BOARD," AS AMENDED BY: CHANGING MEMBERSHIP REQUIREMENTS AS ADOPTED BY ORDINANCE NO. 646-A, CHANGING NUMBER OF MEMBERS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; 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 charte adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution an( Chapter 9 of the Local Government Code; and WHEREAS, the City Council has established a Youth Park and recreation Board for Le the City of Southlake, to act as an advisory board to the Park and Recreation Board relating to recreation programs and park improvements; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. YOUTH PARK AND RECREATION BOARD That sections 12-97 through 12-99 of Chapter 12 "Parks and Recreation" of the Southlake City Code be amended to read as follows: DIVISION 3. YOUTH PARK AND RECREATION BOARD Sec. 12-96. Creation. There is hereby established the youth park and recreation board for the city referred to in this division as the "youth board." (Ord. No. 646, §5, 8-15-95) Section 12-97. Membership, qualifications and terms. (a) Appointment procedure. The youth board shall consist of nine (9) citizens of the City of Southlake, Texas, who must be students enrolled in school in grades seven through twelve. The Park and Recreation Board shall appoint members for two (2) year terms. The L, Board shall appoint the members using the following procedure: l:\parkrec\boards\ypkboard\ypkboard•ordinancet.doc - .B--7 (1) Interested persons meeting the qualifications shall submit an application to the Director of Community Services. (2) An interview committee, comprised of four members, one Park and Recreation Board member, one member of City staff, as appointed by the Community Services Director, one Board member of the Southlake Park Development Corporation, and one member of the Youth Park Board, shall review the applications and conduct interviews if appropriate. (3) The committee shall make recommendations for members to the Park and Recreation Board, ensuring an even distribution among the age of the applicants. (b) Compensation. The Board shall appoint members who shall serve until their successors are appointed, without compensation. (c) Vacancies; initial appointments. Places on the Board shall be numbered one (1) through nine (9). Vacancies shall be filled in the same manner provided for regular appointments. (Ord. No. 646, §6, 8-15-95) Sec. 12-98. Meetings and bylaws. The youth board 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 youth board shall adopt bylaws to govern the holding of its meetings which, at a minimum, shall encompass the following: (1) Regular meetings shall be held once each month. (2) Manner of holding and calling of special meetings. (3) Majority of members shall constitute a quorum. (4) Members not planning to attend a regular meeting or special meeting shall notify the Director of Community Services or the Chairman of the Youth Board by 12:00 o'clock noon of the meeting day. (5) Any member with unexcused absences from two (2) consecutive regular meetings or not exhibiting interest in the work of the Youth Board shall be reported to the Park and Recreation Board which may, at its discretion, remove the board member and appoint a replacement. (6) Minutes of each youth board meeting shall be filed with the city secretary. (Ord. No. 646, §7, 8-15-95) 1:\parkrec\boards\ypkboard\ypkboard-ordinance l.doc • Section 12-99. Duties and responsibilities. The duties and responsibilities of the youth park and recreation board shall be to: (1) Act in an advisory capacity to the park and recreation board in all matters pertaining to parks and recreation, including the development of long range capital improvement programs. (2) Recommend policies for recreation services and park improvements. (3) Recommend youth-related programs for development of recreational facilities, areas and improved recreation services. (4) Prepare and submit to the park and recreation board an annual review of youth- related parks and recreation programs and services. (Ord. No. 646, §8, 8-15-95) Secs. 12-100-12-115. Reserved. 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 Cy, hereby repealed. 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 phrases, clauses, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement of decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in its ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Chapter 2 of the Code of Ordinances of the City of Southlake, or any other ordinances or statutes that pertain to the Southlake Youth Action Commission, 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 (xi until final deposition by the courts. lAparkrec\boards\ypkboard\ypkboard-ordinance l.doc 58- (lhire _ SECTION 5. PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance as required by Section 3.13 of the Charter of the City of Southlake. SECTION 6. EFFECTIVE DATE This ordinance shall become effective immediately upon its passage. PASSED AND APPROVED on the 1st reading the_day of , 199_. MAYOR ATTEST: co, CITY SECRETARY PASSED AND APPROVED on the 2nd reading the_day of , 199_. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L 1:\parkrec\boards\ypkboard\ypkboard-ordinance l.doc 58iv City of Southlake, Texas MEMORANDUM December 23, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize city staff to reject bids for construction of a sanitary sewer lift station to serve the Raintree/Shady Lane area and authorization to advertise for bids for the construction of a sanitary sewer lift station at Lonesome Dove and a lift station to serve the Raintree/Shady Lane area. Action Requested: Staff is requesting the City Council to reject the bids to construct the lift station in the Raintree / Shady Lane area and authorize staff to advertise for bids to construct two lift stations, one in the Raintree / Shady Lane area, which was previously bid, and the other lift station on Lonesome Dove. (1111." Background Information: The lift station in the Raintree / Shady Lane area is essential to the city's infrastructure to pump the sewage generated from the N-4 and N-5 drainage basins to the gravity main along Kirkwood Blvd. that is under construction. The Wal-Mart and Village Center are developments located in the N-4 drainage basin and Gateway Plaza is a development located in the N-5 drainage basin (see attached drainage area map). Currently, the lift station located near the Mesco business pumps the sewage from the N-4 basin into the city's southern drainage region. The city has an agreement with TRA to eliminate the diversion of sewage from the northern drainage region to the southern drainage region. Therefore, the construction of the lift station in the Raintree / Shady Lane area is required to comply with the TRA agreement. Please recall that a portion of the N-5 drainage basin (40 houses in the Raintree area) will be served by the City of Grapevine per the interlocal agreement approved on September 15, 1998. In return, the City of Grapevine will be allowed to serve 40 single- family equivalent units along Lonesome Dove. These 40 services will feed into the proposed lift station on Lonesome Dove. Le' The lift station on Lonesome Dove will replace the existing undersized lift station and will pump the sanitary sewer generated by the N-3 drainage basin to the gravity main along Kirkwood 5C- 1 Blvd. Whispering Dell Estates, Chapel Downs, Lonesome Dove Estates, and Mission Hill Estates are subdivisions located in the N- C.' 3 drainage area(see attached drainage area map). Financial Considerations: City Council authorized staff to advertise for bids on the lift station in the Raintree / Shady Lane area on August 18, 1998. Bids were received on November 19, 1998 (see attached bid tabulation). Only two bids were received, possibly due to the high demand now existing in the construction industry for this particular work discipline. The low bid was $626,800 from Earth Builders, Inc. of Decatur, TX. Only $467,500 was budgeted in the CIP plan to construct the lift station. In order to enhance the economy of scale, staff recommends bidding the lift station in the Raintree / Shady Lane area and the lift station on Lonesome Dove together as one project. In the CIP plan, a total of a $1,000,000 has been budgeted to construct both lift stations. Citizen Input/ Board Review: Not applicable. Legal Review: Council may reject bids for any reason as per the bid specifications. Alternatives: Council may choose to award the bid to Earth Builders to construct the N-4 lift station for the amount of$626,800. If so, staff would have to evaluate the CIP budget to determine where the extra funds ($159,300) would originate. The N-3 lift station would then have to be bid out as a separate project or be included in another project. Supporting Documents: N-4 &N-5 Drainage area map N-3 Drainage area map Bid tabulation for N-4 lift station in Raintree / Shady Lane area Staff Recommendation: Staff recommends City Council reject the bids for the construction of a sanitary sewer lift station to serve the Raintree / Shady Lane area and authorize staff to advertise for bids for the construction of a sanitary sewer lift station at Lonesome Dove and a lift station to serve the Raintree / Shady Lane area. Please place this item on the January 5, 1999 Regular City Council Agenda for City Council review and consideration. L BW/sep 5C-2 4 (re Approved for Submittal to City Council: 1 anager's Office Lei Li., 5C-3 • N-4&N-5 DRAINAGE AREA MAP 3 .... _ , __ d, . . ..., ..m,....N,...z., ... ....11....:„1 : . , . „ „ . . 1 : sr, --,.I 1----.L-- , _. ° P� T1�:' ' I'��_15-01 i �'.� • -1^�f w �wL 'Hi- 1• ��1 • / M f!i•, I� i �^- I rs's�,,:�_p wni. „■, ,,,u 1 1" ' I Elig4 I,_, F -:'i,--: ,. ,.-, F'� tt,-i f /�1 p r'- I I �--� rowan! ._ a_. ,.w nr, :-'•� i ��YY'��.� - �i i:'.-� j / Y ._ 1,--- . S m• rQ� ty lte ��. i Po1 i 7",... 7NE 1 4 1�✓<yy�.,� \ �� Jy 1 n URRa p��0•s ( ---— rz1 may,. i :v�` - `_\ •- 3� �I PROPOSED �, » -� —,_,k. wr m "I • � i_ - LIFT STATION r �'_ -if, m �•' �.- r ., , , fsue• A ��F� •� - �_,J TIj t'T 1: 1- .•' ST9r - �! 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I ', ••/ 1 , •IIP 11!Itl II. I , ;,i Al ,/ �� /,,,��.i,�.._ ;-,,�r-� i1 G /` if r i/ ce►vID D uTrnT N. l 4,, •N-3 DRAINAGE ,; •• <A/ p,,;;, ,� r;, ' DENTON I 'ti° r •�, - ` A� �'ii �i,. 'ARRANT— .�' _ — - AREA MAP �� ,,t,i'_� 1- p_' <‘, .,....... --' \.._7 1 ,,, .,' i} AcrOP J-3- 5 . - .. _ . 1 1 r - r ,A.R.' It•I '^ '" U DNS 1 • tZ° ,h a 't•t i.,H7 q� _ - 1 \ RUSE - - - ). ,,,EY ' I v� 11 -,1 5r -f's/ 1' . UNNCORPCNArED w / 1 E�G> ,L tsr rl i= a a �EY ssl ^ : E 1.4 ra1 l `a "� - ri _ . _ _ w c t • .0 x-__ _ •C( '_'.ram- 1 4>s'•l_YNL 0 4- LO_r '' 1t..y.u'm z::_`- .rt ruu 1A1 . ,• r.�, a 1 --- __ -- -'T- .,.L Kil ._ , , , c..t. w 1 PROPOSED PAU��c lirz =1 c_"-' . .- s .ter ':_-1_naa.maL,- 7%." "emu—l; ,. ___%-_, : e... N...., * , z. la s;:_ DN i =--- ,- ,__ 1,A ' LIFT STATION . al I . 1 r1 ?AEI . ,u.7'L 7 1 , - I• 3 III! i /I' • -- ru.I ..wr.wti+c _i.L.._i._1_t. .___. ..:_i •LJ- W 1 WALKI-3.- 1 I j T_-_ + M - 1_ .... ... m.:..__ `. 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CaNJ - om c(age C E C cn z m >03 Xi § ) D I o r o G ? m o r m m 2 o z m XI m N o m 2 m 0 \ z F 2 ° X X )o r Fa r 2 ] " M M I- 0 m o ® - \ { m { 9 m x q § 73 m 0 m 0 9 # M -I k 0 0 0 _ $ > Cl) m -m _ r § e / m 0 73 -< m mo ° cn § j co m m m 2e 0 (n \ ¥ § § @ - �k �-U • E �O a $ � o -, m m x § m %-0c � m) ma z %\ ma - k co _1Z ) 8 § § m � 2b �koo d �4 po o ,o co z. l) D 0(IIIIire . # o / } 000 0 N § 2 CCO 8 § 8 8 $ 2 8 D . f 8 8 888 8 I a7 "0t70t O 1-0 - d � � -t § % PI 2 !� d ¢ § ) d � � § �1 � i � 8 8 888 �^ ,rn � � \ i / I� § § � 22 �f § 222 \ s N 0pb \ 4. a o 8 § # 8 § 8 8 i0 8 g g 0 13 > M '0 �a' 02 . � ■ § 4 $¥ rm -I �n• $ K J 0 0 000 0 ( 8 8 k88 -13 11 ��¥ m § kx ƒf2 & —I mg � ,t % 6L Q i st �$ 0 I o �k _ o k # �#o q I L8 8 5C-6 City of Southlake, Texas MEMORANDUM December 23, 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 Alpha Testing, Inc., for construction materials testing services for the slurry grouting of pipe bedding and pavement replacement at the Timarron Bent Creek subdivision Action Requested: Staff requests Council to authorize the City Manager to enter into a professional services agreement with Alpha Testing, Inc. for testing the construction materials for the slurry grouting of the pipe embedment and pavement replacement. Background Co, Information: On December 15, 1998, Council awarded the contract for the grouting of the existing embedment of the sanitary sewer lines and repairing the damaged pavement in the Timarron Bent Creek subdivision. To assure proper installation of the slurry grout, the grout itself must be tested and evaluated by an engineer. Testing is also required on the materials used for the pavement rehabilitation and replacement. The attached proposal from Alpha Testing, Inc. provides for the testing, engineering analysis, and monitoring of the installation of the slurry grout as well as for the pavement rehabilitation and replacement. Alpha Testing, Inc. was the testing firm that was used by the engineering firm (Wiss, Janney, Elstner Associates, Inc.) for the investigative report to study the street failures. Furthermore, Alpha Testing, Inc. was also retained as the testing firm for the first phase of grouting along Creekway Bend back in February, 1998. Financial Considerations: The amount of this proposal totals $30,454. Following the award of the contract for $699,314.55 to Pavecon, Inc. to construct the slurry grouting and pavement improvements, $27,671.45 remains from the total budgeted amount of $726,986. The interest earned on the appropriated funds will (lasi account for the cost overrun of$2,782.55 from the budgeted amount. 5D- 1 Citizen Input/ Board Review: Not applicable Legal Review: City Attorney's have reviewed this request and based upon the engineering review and report required, concluded that this is a professional service which does not require bids. Alternatives: Not applicable Supporting Documents: Letter from Alpha Testing, Inc. dated December 22, 1998 Estimated Testing Schedule Proposal Acceptance Sheet Map Exhibit Staff Recommendation: Staff recommends that Council authorize the Mayor to enter into a professional services agreement with Alpha Testing, Inc., for construction materials testing services for the slurry grouting of pipe bedding and pavement replacement at the Timarron Bent Creek Subdivision in the amount $30,454. Please place this item on the January 5, 1999 Regular City Council Agenda for City Council review and Le•1 consideration. BW/sep Approved for Submittal to City Council: Ci anager's Office L 5D-2 12/28i98 10:17 ALPHA TESTING 4 8174215782 NO.362 D02 NA, ALPHA TESTING, INC 2209 Wisconsin St.,Suite 100 CaNas Texcs 75229 972/620-8911 - 972/2 53-4937(Metro) FAX 972/40 -8023 December 22, 1998 CITY OF SOUTHLAKE 667 N. Carroll Ave. Southiake, Texas 76092 Attention: Robert Whitehead Re: Construction Materials Testing Services and Fees PAVEMENT REPAIRS TIMARRON BENT CREEK SUBDIVISION Southiake, Texas ALPHA Proposal No. 5594-34R We are pleased to submit the following proposal for performing Construction Materials Testing on the project referenced above. In this proposal, we are providing our estimate of the testing anticipated based on our understanding of the project characteristics available. Also, we are submitting our standard fee schedule. (Nale Thank you for the opportunity to submit this proposal. If this proposal is satisfactory, would you please sign the white copy of the enclosed proposal acceptance sheet and return it to us. We will consider receipt of a signed copy of this proposal as our official notice to proceed. We look forward to working with you on this project. If there are any questions, we are available to discuss them at your convenience. Respectfully submitted, ALPHA TESTING, INC. David P. Stettner Manager of Technical Services DPSIts Attachments: Standard Fee Schedule Proposal Acceptance Sheet General Terms and Conditions (kir Geotecx'nicd Engheeri g 1 Conshuclion Moterbis reek; ■Envinxr entd Engineering I Consu trog 5D-3 12/29/98 10:18 AlJ5W4 TESTING -4 8174215782 NO.362 D03 FSTIMATED TESTING _CHFrTr w The following is our estimate of the number, type and cost of anticipated construction materials testing for the project referenced previously. This estimate of the expected testing was developed based on project plans and specifications. Testing frequencies are based on current available information in our office, compiled from City standards, geotechnical reports or locally accepted standards . It should be recommended that variations in construction schedules, weather, amount of retesting, additional testing requested by cur client, etc. , could result in differences between the actual and estimated testing costs. Although efforts will be made to maintain the testing costs within the estimated amount, charges will be computed based on actual services rendered. Testing services proposed herein do not include full-time personnel on site and any form of project supervision. It is our understanding that testing will be scheduled by the client, or his representative, and ALPHA TESTING, INC. does not assume the responsibility for assuring all required tests are performed. If desired, ALPHA could monitor testing frequencies and locations during the progress of the work to assure the required testing is performed, at an additional cost. I. SLURRY GROUTING Based on our understanding, approximately 5, 300 linear feet of sanitary sewer bedding material will be stabilized by injection grouting. Based on past experience it is estimated that an engineering technician could be required cn site for an estimated 520 hours to monitor density, viscosity, and progression of operations. Also the technician would be required to mold approximately 153 test specimens. (BASED ON 2 SETS OF 3 TEST CUBES EACH 100 LINEAR FEET OF INJECTION AND FOR EVERY OTHER PLUG INJECTION POINT: 1 SET TO BE FIELD CURED AND I SET TO BE.LAB CURED) A. Engineering Technician: 520 hrs @ $ 34 . 00/hr $17, 680. 00 B. Grout Compression Tests: 153 cubes @ $ 15 .00/ea $ 2, 295. 00 C. Engineer Analysis & Report : 45 hrs @ S 65.00/hr $ 2, 925.00 SJBTOTAL $22,900.00 L 5D-4 , 12/28/98 10:19 ALPHA TESTING -> 8174215782 N0.362 904 Cl!. II. SLAB JACKING Based on our understanding, approximately 2,080 linear feet of paving will be pressure grouted to restore the street crown. It is estimated that an engineering technician could be required on site of a,ppluxtiud!.t+Iy 24 h,5urs to monitor the operation. Also the technician would be. required to mold approximately 36 test specimens. (BASED ON 1 SET OF 3 TEST CUBES, OBTAINED AS DIRECTED BY THE CLIENT) A. Engineering Technician: 24 hrs @ $ 34.00/hr $ 816.00 B. Grout Compression Tests: 36 cubes @ $ 15.00/ea $ 540. 00 SUBTOTAL $ 1,356.00 (kre III. MECHANICAL CEMENT STABILIZATION It is our understanding that approximately 49, 600 square feet of subgrade would be mechanically cement stabilized. We have estimated that our engineering technician could be required cn-site for about 35 hours to perform approximately 42 field density tests. In addition, the technician could obtain approximately 3 soil samples for laboratory proctor analysis. (ASSUMED 1 FDT EACH 300 LINEAR FEET) A. Engineering Technician: 33 hrs @ $ 34 .00/hr $ 1, 190.00 B. Nuclear Density Gauge 7 days @ $ 100.00/day $ 700.00 C. Standard Proctor Test: 3 @ $ 150 .00/ea $ 450.00 D. Atterberg-limit Test: 3 @ $ 60.00/ea $ 180.00 SUBTOTAL $ 2,520.00 L 5D-5 12/26/98 i 0:20 FLPHA TEST I NG -+ 8174215782 NO.362 905 Cre° TV. CONCRETE TESTING Based on our understanding, approximately 890 cubic yards of concrete will be placed. It is estimated that an engineering tecnician could be required on site for an estimated 42 hours to mold approximately 120 test cylinders. (BASED ON 1 SET OF TEST CYLINDERS EACH 50 CU. YDS. PLACED OR FRACTION THERE OF) A. Engineering Technician: 42 hrs @ $ 34. 00/hr $ 1, 428.00 B. Concrete Compression Tests: 120 cyls @ $ 15.00/ea $ 1, 800.00 SUBTOTAL $ 3,228.00 V. CONCRETE CORING It is our understanding that coring of concrete pavements is (Imme required for thickness and verifications of slab jacking procedures. We have estimated that our crew could be required to obtain approximately 10 cores. A. Core Depth Tests: 10 Cores @ $ 45. 00/ea $ 480.00 SUBTOTP.'..L $ 450.00 ESTIMATED GRAND TOTAL $30,454 .00 *Should ALPHA TESTING, INC. be awarded the testing for the above referenced project, it is requested that a complete set of plans and specifications be forwarded to this office along with the signed authorization to proceed. LP? 5D-6 12/28/98 10:22 ALPHA TESTING -> S174215792 NO.362 P08 1/7 ALPHA TESTING, INC . Standard Fee Schedule Effective January 01, 1998 CONCRETE TESTING 1 . Engineering technician services for molding concrete test cylinders, performing slump and air tests and testing at batch plant $ 34 . 00/hr 2. Overtime (in excess of e hours per day) $ 45.00/hr 3. Laboratory compression testing and reporting of concrete cylinders $ 15-.00/ea 4 . Laboratory flexural testing and reporting of concrete beams $ 22 . 00/ea 5. Reserve concrete cylinders not tested $ 15. 00/ea 6. Cylinder pick-up without field testing of concrete placement by ALPHA TESTING personnel $ 34 . 00/hr 7 . Laboratory testing of aggregate for concrete mix design (hime including gradation, fineness modulus, absorption, specific gravity and unit weight $175. 00/ea 8 . Review of mix design $135 . 00/ea 9. Laboratory design of concrete mix with specified strength and workability characteristics $775. 00/ea 10. Special Laboratory Testing of Concrete Aggregates 10. 1 Sieve Analysis (dry method) $ 35. 00/ea 10.2 Sieve Analysis with decantation (wet method) $ 40. 00/ea 10. 3 Specific Gravity of aggregates $ 55. 00/ea 10 . 4 Organic Matter $ 55.00/ea 10 . 5 Percent Finer than 200 mess: $ 40. 00/ea 10. 6 Absorption $ 40 .00/ea (kr, 5D-7 12/28/98 10:22 PLPHA TEST I NG 81742157E2 NO.362 P09 //‘ 10.7 Moisture Content $ 6. 00/ea 10. 8 Bulk Unit Weight $ 30.00/ea 10 . 9 Los Angeles b.rasio:i $425. 00/ea 10 . 10 Sodium Sulphate Soundness (3 cyc_es) . $475. 00/ea 10. 11 Wet Bali Mill Test $475.00/ e 10. 12 California Bearing Ratio (CBR) Test $50O.00/ea 11. Concrete Coring 1": . 1 2 or 4 Inch Diameter Cores (average 6" depth) $ 90 .0C/ea 11.2 Minimum coring charge (per trip) $180 . 00/ea L (owe 2 5D-8 12428/98 10:23 RJ+121 TESTING 4 8174215782 N0.362 1310 %i 4 ALPHA TESTING, INC. Standard Fee Schedule Effective January 01 , 1998 FIELD COMPACTION TESTING 1. Engineering technician services performing in-place field density testinc 4 34 .00/hr 2 . Engineering technician services for sample pick-up $ 34 .00/hr 3. Overtime ;i n excess of 8 hours per day) $ 43 . 00/hr 4 . Nuclear density equipment charge 4 . 1 Half day (0 - 4 hours) $ 50.00/half 4 . 2 Full day (over 4 hours) $100.00/day 5 . Moisture/Density Relationship of Soils 5. 1 Standard Proctor (ASTM D 698) $150 . 00/ea 5 . 2 Modified Proctor (ASTM D 1557) $160. 00/ea (Itme5. 3 With Lime added in laboratory, add $ 50. 00/ca 6. Atterberg-limit Determinations 6. 1 Natural $ 45.00/ea 6. 2 With Lime, add $ 15 . 00/ea 7 . Lime Series, ph Method (Eades & Grim Method) $225. 00/ea 3 5D-9 12/28/9S 10:24 ALPHA TESTING -+ 8174215752 NO.352 G11 ALPHA TESTING, INC. Standard Fee Schedule Effective January 01, 1996 PIER DRILLING, ASPHALTIC CONCRETE, BUILT-UP ROOF LIIE STABILIZATION, LIME PRESSURE INJECTION, POST-TENSIONING, WELDING & STRUCTURAL STEEL TESTING 1 . Zngineering technician services to perform testing referenced above 34 .00/hr 2 . Cvertime (in excess of 8 hours per day) $ 45 .00/hr 3 . Marshall stability, flow and density (3 points per test) $ 52. 00/ea 4 . Extraction and gradation $145. 00/ea 5 . C esign of asphaltic concrete mix (Marshall Method) 5. 1 = Aggregates, 5 Bitumen Percentages $250. 00/ea 3.2 4 Aggregates, 5 Bitumen Percentages $1100. 00/ea 6. Roof-cud analysis, either quantitatives (kwe or qualitative type $475. 00/ea 7 . Non-destructive testing of steel using ultrasonic equipment 7 . 1 Regular time (4 hour minimum) $ 95. 00/hr 7 . 2 Overtime (in excess of El hours per day) $115. 00/n_ 8 . Usage of truck-mounted drill rig to obtain moisture content samples from lime slurry pressure injected soils. 8 . 1 Mobilization . ($ 300 . 00 minimum) $ 175. 00/hr 8 . 2 Per foot Rate $ 15. 00/ft 8 . 3 4inimum charge (Portal to Portal) $ 650 . 00/is 9. Free Swell Tests $ 95. 00/ea L 4 5D-10 12/28/98 10:24 ALPHA TESTING -► 8174215782 NO.362 D12 • 10. Engineering Services Engineering services for test evaluation, contract administration, laboratory and field supervision, preparation of geotechnical reports and consultation. 10. 1 Principal Engineer. (P.E , ) $115. 00/hr 10.2 Senior Project Engineer (P.E. ) $ 95. 00/hr 10. 3 Staff Engineer $ 75. 00/hr 10.4 Materials Engineer $ 60. 00/hr (NW 5D-11 12/28/9S 10:25 ALPHA TESTING -> 8174215782 NO.362 G13 i REMARKS Services and fees not listed above will be quoted on request . Invoices will be submitted twice a month for services performed. Payment will be due in wallas within thirty (3C) days of receipt of invoice . Interest will be added to delinquent accounts at a rate of 1 . 5 percent for each month of delinquency. The above unit prices are applicable for one year from the date of this letter and are subject to change without notice thereafter. Next day results for Standard Proctor Tests will be charged az 1.5 times the standard unit prices. The prices above include up to two copies of the report distributed and mailed in accordance with clients' instructions. Additional copies will be billed at a rate of $.30 per sheet . All field services are charged portal-to-portal. Services performed outside a 50 mile radius of this area will be charged mileage of $.35 a mile. (mire Overtime rates will be applicable for services performed in excess of 8 hours per day and on Saturdays and Sundays. Services performed on holidays will be billed at 2 .0 times the regular hourly rate. ALPHA TESTING, INC. provides no warranty, either expressed or implied, that the testing provided under this contract satisfies all requirements of the plans and specifications for the project, applicable City specifications or other governing bodies that may have jurisdiction over the project. No reports will be issued until we have a signed contract, purchase order or Letter of Authorization To Proceed in our office. If this proposal is satisfactory, would you please sign this proposal and return it to us for our file. Very truly yours, ALPHA Da . t ttner Manager of Services DPS:hl Qv' 5D-12 12.28.'98 10:2S ALPHA TEST I NG -+ 81742157E2 NO.362 914 • GENERAL TERMS AND CONDITIONS ARTICLE 1. SCOPE OF WORK: ALPHA TESTING,INC (ALPHA);that perform the services defined in this contract arc shall Invoice the Client using those rates shown en the attached fee schedules. Arty estimate of.^.ost to the Client as stated ir this contract shall net be considered as a fixed price,bre only an estimate(unless otherwise specifically stated in this corrects.ALPHA will mice accitioral servicee under this contract as requested by the Client and invoice the Client ter those additional services at the lusted standard rags Tne prices shown wal be vatd icr nrnetier9C)says unless otherwise Stated in the proposal. ARTICLE 2. SERVICES: ALPHA will: 1. Provide only these serricts that, ir the opirvcn of ALPHA, fia within tie tecrnical or professional areas of expertise of ALPHA and which ALPHA i5 adeouately suttee and equipped to perterm. • 2. Per'orm elf tec'enioel screces unties the general director of a;reensed Engineer and in substantial accordance with the t25iC meulrerntrts of tie appropriate Stan- cares of the Amercan Society of Testing and Material. where applicable,or other Standards desigiateo in writing by CLIENT. 3. ProTptly submit'orrnai reports cf ail tests and and services performed indicating.where applicable,compliance with THE PROJECT specifications or other contract documents.Such reeotts shau be reemplete a'ed factual,citing the tests performed,methods employed,values obtained,and parts of the structure or THE PROJECT area invc:ved. 4 JtliZe wing equipment which ties Jaen calr;rated according is ndvduaty packable 3tardards and.upon request,submt to the CLIENT,or els authorized representative, dccernentatien of such caabratior. 5. Corsieer ail reporte to be the confidential property of the CLIENT and distribute reports only to those oer3ons. organizations or agencies specdicaly designated ii writing by the CLIENT cr his euthorzed representative. E. Retain al'eertinenl records'elatfig to tee services performed for a period of five years following submrssicr el-he report.during which period the records will be made available to the CLIENT at all reasonable times. 7 All records.boring logs. field data, fiele notes, 'laboratory lest data,calculations,estimates and other documents prepared by ALPHA,as instruments of service, shall remain the arcpeey of ALPHA.CLIENT agrees that all reports and other work`fureishec to the Clam or nIs agents, which are oil paid for.will be returned to ALPHA u"ton eemand and will not be used py the CLIENT ter any purpose whatsoever ARTICLE 3. CLIENT'S RESPONSIBILITIES: CLIENT or his authorized representative will: 1. Provide ALPHA with plans, specifications, addenda, change orders, approved shop drawings and other inforrnabon to the proper performance of ALPHA. 2. issue au:t.crizatior it writing, geeing ALPHA free access to THE PROJECT site, end to al shops or yards where materials are prepared or stored. 3. Designate in writing those persors or firm to act as CLIENTS representatives with respect to ALPHA'S services to be performed under this Agreement ant to be eternally notified ey ALPHA when it appears that materials tested are in noncompliance Such persons or firm to have complete authority to transmit instructions, receive information ate data.Interpret and define CLIENT's policies and decisions with respect to THE PROJECT,to take action to prevent irrevocable entry of those materials in noncompliance Until toe issue at question can be resolved:and to order,at CLIENT'S expense.tech technical services as may be requested of ALPHA. 4. Advise ALPHA sufficiently in advance of any operations sc as to alicw fcr assignment of personnel by ALPHA for completion of the requite services.Such advance notice shall be in eecordance with teat established by mutual agreement of the parties. 5• Orecr"HE PROJECT contractor either by the Construction Contract or Gitect writer.order Ire a) Secure and deliver to ALP(-A,'without cost to ALPHA..praimtnary representative samples al those rrtatenals he proposes tc use which require testirtg,together with any relevant data cf the materials. t) Fun sh such casual labor and all facilities needed by ALPHA c obtain and handle samples at THE PROJECT and to facilitate the specified'nspectten and tests. c) Prov ce and maintain for tee use of ALPHA,adequate space at THE PROJECT for sale storage of equipment and proper curing of test specimens which must retrain on THE PROJECT site prior to testing L ARTICLE 4. GENERAL CONDITIONS: A_PHA.by the performance of services covered hereunder,does not in any way assume,abridge or abrogate arty of these duties. responsIbilities or authorities trite regard to THE PRCJECT which,by custom or contract are vested in THE PROJECT architects,design engineers,or arty other design agencies or authorities. e. .AL-rn.A is not authorised to supervise.after, relax,enlarge ur release arty tutiurrottleatt ut THE PROJECT specifications or other eentreet deeumente nor to approve or accept any porter if the work uniess specifically authorized in writing by CLIENT or his authorized representative.ALPHA shall rot have the right of rejection er the right to stop the work. except for such periods as may to required to conduct the sampling and testing covered ey the Agreement. ARTICLE 5. FIELD MONITORING AND TESTING: CLIENT agrees that A'_ '1A wit be expected to make onsite observations appropriate to the Construction stage.The CLIENT further agrees that ALPHA will not assume responsibiity for the Contacor's means. methods,techniques,sequences cr procedures of ecnstruetion. and It is understood that the services provided by ALPHA wit not relieve inc contractor of his responsibilities for performing the work in accordance with leo plans and specifications• The words"inspection-or "control" are•esed to mean periodic ibservaccr of me work and the conduct of tests by ALPHA to verity substantial compliance with the plans,specifications and design con- cects. Contnuoua monitoring by our employees dees not mean that ALPHA is approving placement of materials. ARTICLE IS. STANDARD OF CARE AND WARRANTY: Service;performed y ALPHA will be conducted In a Tanner censlstenl with that level of care and skill orc rarely exercised by members of the profession currently praeticing under similar conctiors.No other warranty,either expressed or implied,is made or Intended by our proposal.contract,or reports.ALPHA win not be respon- sible for toe intarpratation cr use by others of data developed by ALPHA. ARTICLE 7. SAFETY: CLIENT agrees that. ir.accordance 'with the generally accepted construction practice, the general contractor will be solely and completely responsible for working corcitiors on THE PROJECT,including safety o1 al persons and property during the performance of the(Nord.and compliance with all municipal,state,and federal reguations inducing OSHA.The due/of ALPHA b providing serr:ces is not.therefore,to include any review of.or responsibility for,the adequacy of the Contractor's safety measures in, on. or near THE PROJECT site. ARTICLE 8. INSURANCE: ALPHA shall secure and maintain throughout the fell periop of the Agreement sufficient insurance to protect it adequately from claims under applicable Worker's Compensation Acts anti from claims for bodily injury,death or property damage as may arise from the performance of services under this Agreement ALPHA will, upor 'ecuesl.file certification of such insurance coverage with CLIENT or his authorized representative Within the limits and conditions of such insurance.ALPHA agrees to irdemnify are save CLIENT harmless from and against ary loss,damage,or liability arising from any negligent work by ALPHA,its agents.Staff and con- suitar•t5 emetic/Id by it.ALPHA shall not be responsibie and CLIENT SHALL indemnify ALPHA fcr and defers ALPHA from,any claim,loss,damage or liability arising tram any negligent acts by CLIENT, its agents, staff,end other consultants employed by it. ARTICLE 9. LIMITATION OF LIABILITY: For ary damage,cost, expenses. or other liability,direct or indirect. resulting from any error,omission,cr professional negligence in the performance of ALPHA's 'entices,the liability of ALPHA,its employees.agents, officers, and consultants to at claimants with respect to THE PROJECT was be limited to an aggregate sum not to exceed$50,000 or ALPHA's !dal fee fur the services rendered on THE PROJECT,whichever is greater L cooroes.n 5D-13 • 1?'28/98 113:28 PILPHF1 TESTING -> 8174215782 NO.362 D15 ARTICLE 13. INVOICES AND PAYMENT, e_?t•tA wit submit progress Invoices:o CLIENT monthly and ling invoice Leon completion of services. Each irvo+ce, en presentaton.Is due and payable by CLIENT or IS aLtnoriaed representative within litter:(15)days Of receipt. Payment is past due 30 days from invoice date.CLIENT agrees to pay ingest Of onto and oneliatt oereent(r 1i2,:tb)per month,an past due accounts.Any arcmey's tees or ether costs incurred in collecting any deiinetent amount shall be paid by CLIENT.The CLIENT agrees to pay ALPHA for+ts services.n accordance with this agreement, regardless of whether or not heshe has been paid by his CLIENT, C ARTICLE 11. EXTENT OF AGREEMENT. The Agreement,Inciudirg these terms and Conditions,represents the entire agreement between CLIENT and ALPHA and supersedes as prior negotiation,represinta- ions or agreements,written or oral.The Agreement may be amended cnty by written krstrurrent signed by CLIENT and ALPHA. Should any conflict occur between :hesa terms and conditions and ire Agreement. h is understood:hat these terms and conditions snail be controilktp. ARTICLE 12. APPUCABLE LAW: The agreements shall be governed ;y the laws of the State of Texas. ARTICLE 13. DISPUTES: In the event that a dispute should arise relating.to the performance of the services to be provided under this Agreement,and should that dispute result in Litigation, it is agreed that the prevailing party snail be entitled to recoverelt reasonable costs incurred in the defense of the claim,including staff time,court costs,attorney's tees and other clain•refated expenses. ARTICLE 14: TERMINATION: 'hr3 agreement may be terminated by either nary upon seven(7)days*Men notice:n the event of substantia,•allure by the other party to perform.in accordance w rn r+e•erns rerein,S:.ch termination shall not be effeclive if that substantial failure has teen remedied before cxa ration.of the period specified In the written notice. n 'he event of termminatcn, ALPHA shall be paid for services per'crrec to the termination date plus reasonable expenses to demobilize. n the event of terminaton,or suspersion for more than three(3)rnoetlls prior to coriholetwn of all reports contemplated by this Agreement,ALPHA may complete a Lon analyses and reCerls as are necessary to complete its files and may also complete a report on Me services performed to date of notice al terrn iratton at susper- ,ien. The expenses of termination cf suspension snal include all direct ^.oats of ALPHA in cam !eting soon analyses. records and reports. ARTICLE 15.ASSIGNS: Nei:i-er the CLIENT nor ALPHA may delegate.assign,sublet or transfer its duties or interest In this Agreement without the written consent of the other party.Furthher- mo e,this agreement contains each and every agreement and understandIng between the partiess relating to its subject mattet It may not be altered or amended except in writing and signed by both the CLIENT and ALPHA. ARTICL! 16. CONFLICTS: Should any element of the firms and Cgneltlons be deemed in conl!Ct with any element of tree contract referenced above.unless the contract clearly volts the rnnfllrilnq element br the Terms and Condiuers,warding cf the Terms and Conditions shelf govern. Arty element of this agreement later held to violate a law or regulation enroll be :7emed void, but an remaining provisions shall c reinue in force ARTICLE IT. DELAYS IN WORK: ALPhiA wit pursue the work,n an efficient and expeditious manner consistent with good quaity practices.ALPHA wi,l not be responsible for delays in the work caused tie CLIENT or its agents,consultants,contractors cr subcontractors Stardby or ronproduekve titre delays in our work caused by the CLIENT will be charged as work �rte ;.nless provided for as a Separate item in tee contraot Or other nutuaily agreed upon document. LARTICLE 18.CONSEQUENTIAL DAMAGES: CLIENT shalt nor be liable to ALPHA and ALPHA shal not be liable to CLIENT for any consequential damages incurred isy either due to the faun of the other,regardless of tie nature of this fact. or whether it was committed by the CLIENT or ALPHA,their employees, agents or subcontractors,Consequential damages include.but are rat limited to, loss of use and loss of profit. ARTICLE 19. FAILURE TO FOLLOW RECOMMENDATIONS: ALPHA cull not be held liable for problems that may occur if ALPHA'S recommendations are not followed.Accordingly,CLIENT waives any claim against ALPHA.and agrees to defend,indemnify and hold ALPHA harmless from any claim or Weeny for loss that results from faiure to implement ALPHA's recommendations,or from ,rrg!ementa:ior of ALPHA's recommendations in a manner that is not in strict accordance with them.CLIENT also agrees to compensate ALPHA for any time spent and ecoenses ircurred by ALPHA in deferfae of any stcn claim,with such compensation to be based Leon ALPHA's pceraitirg fee seheduk and expense reimoursement policy. ARTICLE 20. DISPOSAL OF SAMPLES: Samples of soil, rock, water,waste or other materials contaminated by hazardous substances,including asbestos,obtained from the protect site are the property of tie..:UENT. ALPHA what retain such samples for no longer than thirty f3.3'calendar days after the Issuance of airy document that includes the data obtained from them.unless other arrangements are mutually agreed upon in writlrg.11 is CLIEN'f's responsibility to select and arrange for lawful disposal procedures which encore pass removing tie contaminated samples from ALPHAS custody and transporting them us a disposal site.Accordingly,unless CLIENT indicates otherwise within the thety(30i lay period referenced above,CLIENT hereby instructs ALPHA to make arrangements,as CLIENT'S agent,for proper transportation and disposal of samples wit appropriate lIcensea parties.Due to the risks to which ALPHA Is exposed,CLIENT agrees to waive any claim against ALPHA,and to defend,indemnify and hold ALFt-A harmless from any calm or ilabilty for injury or toss arising from ALPHA service as CLIENT'S agent in arranging for proper transportation and disposal of Mn:aminated semplas. eerie are normally not extra costs involved in thee disposal arranged by ALPHA, uniess the contaminated samples constitute a large quantity or the samples are coramrnated with highly toxic andor hanrdous substances(Le, PCs,Cloxins,Cyanice.Pesticides,etc.)in which case CLIENT agrees to pay all transportation and disposal costs or ALPHA wit return the samples to the proect site. ARTICLE 21.SAMPLING OR TEST LOCATION: Lnless otherwise statec,tie fees in this proposal do not Include costs associated with surveying of the site for the accurate hot-hernial are vertical btetions of tests. Field tests described in cur report or shown on sketches am based upon information furnished by others or estimates made in the tied by our representatives.Such dimensions,depths or elevations should se considered as approximations unless otherwise stated.If the CLIENT specifies the test location.we reserve the right to deviate a reasonable distance tree the location specified. ARTICLE 22.RIGHT TO STOP WORK: Since ALPHA'S duties are united to observing and monitoring the quality of the work.ALPHA will not under any prcumstancee give a stopwork order.either for quality, safety or any other reason.Neither will ALPHA be responsible for the possible consequences of not issuing a stopwork order.ALPHA wilt only make recommendations to the CLIENT regarding the quality Si the work it has contracted to monitor ARTICLE 23.HAZARDOUS SUBSTANCES: CLIENT agrees to advise ALPHA,prior to beginning work,of any hazardous substances on or near the site. in the event that test samples obtained during our work Lcenter•substances hazardous to health,safety or the environment,these sampies remain the property of the CLIENT.Likewise.any equipment contamtiated during our services which cannot be reasonably decontaminated shall become tee property and responsibility of the CLIENT CLIENT agrees to pay transportation costs for sairao arc gquioment and the fair narkef value cf contaminated equipment. 5D-14 12/28/98 10:20 ALPHA TESTING 4 6174215782 NO.362 P06 C / PROPOSAL ACCEPTANCE SHEET Date: December 22, 1998 Description of Services: Construction Materials Testing Project Name: PAVEMENT REPAIRS TIMARKON JSZNI 4 ird1( $VSL=VTSTBtd Southlake, Texas Proposal No. 5594-34 FOR PAYMENT OF INVOICES - Charge to the Account of: Firm: • Address: Zip Code Attention: Telephone PROPOSAL ACCEPTED BY: Signature Title Date Le TELEPHONE: FAX: „ PAYMENT TERMS: Payable within 10 days of receipt in Dal.Texas PROPERTY OWNER IDENTIFICATION (if other than above) Name: Address: Zip Code Attention: Telephone FOR APPROVAL OF INVOICES - Send Invoices To: Firm: Address: • Zip Code Attention: Telephone L 5D-15 • 12'28./98 10:21 ALPHA TESTING -> 8174215782 NO.362 D07 11111111 (::: Invoices for completed work will be issued every two weeks for continuous or extended projects unless otherwise agreed. SPECIAL INSTRUCTIONS: (601,0" REPORT DISTRIBUTION Firm Street Address City State Zip # of Copies L 5D-16 City of Southiake,Texas MEMORANDUM December 30, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization to advertise for bids for the painting of the 0.5-MG elevated storage tank on Florence Road Action Requested: Staff is requesting Council to authorize staff to advertise for bids for the painting of the 0.5 MG elevated storage tank on Florence Road. Background Information: As part of the required maintenance to the elevated storage tank, the steel property must be periodically painted on the inside and outside of the tank. The paint is required to protect the steel from rust and exposure to the elements of weathering. The tank must be taken out of service in order to be painted. Therefore, the tank can only be painted in the fall or winter months when the water usage is at a minimum. The painting must be completed prior to the spring when the water usage begins to increase. The Florence elevated tank serves the high-pressure plane. The • current color of the Florence tank is white with the letters "SOUTHLAKE" painted the color green. Staff is recommending painting the tank and legs of the tank a light beige color with the letters "SOUTHLAKE" painted in green. The painting of the inside of the tank will also be included as part of this project. The Texas Natural Resource and Conservation Commission (TNRCC) requires the inside of the tank to be painted periodically to protect the water inside the tank from the effects of the steel in direct contact with the water. TNRCC requires an annual inspection of all water storage facilities. The inspection report of May 1998 shows a need for repainting. L 5E-1 Financial Considerations: In the FY98-99 CIP budget, $105,000 is estimated to paint the fihme Florence 0.5 MG water tank. Citizen Input/ Board Review: Not applicable Legal Review: Not applicable Alternatives: There are no viable alternatives. Supporting Documents: Map Exhibit Staff Recommendation: Due to the timing constraints to complete this project before the spring of 1999 when water usage increases, staff recommends moving forward to receive bids for this project. Staff recommends City Council authorize staff to advertise for bids for the painting of the 0.5-MG elevated storage tank on Florence Road. Please place this item on the January 5, 1999 Regular City Council Meeting Agenda for review and consideration. (iire 6)(14-A --' BW/sep Approved for Submittal to City Council: Ci anager's Office 4 L 5E-2 Painting of Florence Elevated Storage Tank Florence Rd. Florence ,.,.. Elevated Storage Tank • Co W)CL .. i .._. c- ..... .. ..._. Johnson Rd. .. e • \ , 3 }. a _... .._..- I i . ,,, r f p + ... outhlak I,F „i` ° No Scale _ er . 5E-3 City of Southlake, Texas MEMORANDUM December 29, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Authorize the Mayor to enter into a Facility Usage Agreement with the Southlake Baseball Association. Action Requested: City Council consideration of Facility Usage Agreement with Southlake Baseball Association. Background Information: This is the facility usage agreement between the City and SBA, which delineates the relationship and responsibilities of each entity. This agreement is reviewed annually and any necessary changes are made to the agreement. The changes to the agreement from last year are: • Allows pennant style sign on each field listing the previous year's season winners. (re • Reiterates the hours that field lights must be turned off(10:30 p.m. for Sunday through Thursday, and 11:00 p.m. for Friday and Saturday). • Provides maintenance responsibility for batting cages and netting, in anticipation of these improvements being made in the next few •months. Financial Considerations: This agreement involves no compensation and the City's responsibilities have been included in the Fiscal Year 1998-99 Budget. Citizen Input/ Board Review: Recreation Supervisor Kathy Schaeffer has discussed the changes with SBA President Ed Agnew and he concurs with the changes. SBA is aware that the agreement in form will be considered by the City Council on January 5, 1999. SBA will present any further changes prior to this date. Approved by Park and Recreation Board on Consent agenda December 14, 1998 (5-0). Legal Review: No significant changes since last City Attorney review. City Attorney reviews SBA insurance documents for compliance. \\SLKSV0002\khugman$\WP-FILES\COUNCIL\fua-sba.doc SF-I Curtis E. Hawk, City Manager December 18, 1998 Page 2 Alternatives: Not Applicable. Supporting Documents: Facility Usage Agreement with Southlake Baseball Association. Staff Recommendation: Staff recommends approval of the proposed Facility Usage Agreement with Southlake Baseball Association. KH Approved for Submittal to City Council: i anager s Office L \\SLKS V0002\khugman$\WP-FILES\COUNCIL\fua-sba.doc 5F-z FACILITIES UTILIZATION AGREEMENT The parties to this agreement are the City of Southlake, Texas, herein called "City", and the Southlake Baseball Association, herein called "SBA". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "E", SBA Field requirements. Field requirements and dates for Spring and Fall seasons shall be provided by SBA to City at least 90 days prior to opening day of a season. Facilities in Exhibit "E" are herein called "Premises" in accordance with the terms of this agreement. II. SEASONS AND HOURS The seasons of this agreement shall be annually for Spring Season, Fall Season and All Stars on the days of Monday through Saturday, with each facility usage to not begin before 4:00 PM on weekdays or 8:30 AM on Saturdays, and 12:OOpm on Sundays. T�,a following are approximate dates for significant activities: Spring Fall Coach Look February 6, 20 Third Saturday, August Practice Begins February 22 Last week of August Opening Day: Bronco, Pony, Shetland Pinto, Mustang March 27 First Saturday, September Colt, Palomino Close of school year First Saturday, September End of Regular Season Last day in May First Saturday, November All Stars June, July, first week of August The facilities provided by this agreement are herein called "Premises" in accordance with the terms of this agreement. III. RENEWAL OR TERMINATION This agreement must be renewed on an annual basis on January 1 of each year, with SBA having the right of first refusal to enter into a new agreement. Changes in the agreement must be requested 90 days prior to the renewal date by either party. Written notification by the City must be provided to the President of SBA at their residence. Written notification by SBA must be provided to the City Manager, City of Southlake at City Hall. In the event SBA terminates this agreement, SBA will Rev. Date 12/aM FACILITIES UTILIZATION AGREEMENT PAGE 1 OF 16 Print Date I218M SOUTHLAKE BASEBALL ASSOCIATION,INC. 5F-3 re—ove its own movable equipment which is not of a permanent nature upon non-renewal of this �ment within thirty (30) days of the termination date. IV. FEES AND ASSIGNMENT SBA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) SBA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. SBA agrees to provide signs clearly indicating donations are requested only for the SBA activity occurring on Premises. Access to other Premises activities shall be clearly available. SBA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. V. UNLAWFUL ACTIVITIES SBA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION SBA, in accordance with the City's Donation Policy shall submit to the Parks and Recreation Board for approval any proposal to install or construct temporary or permanent structures, signs, P^ lipment, or other related items. Permanent structures shall become the property of the City. SBA owed a maximum of two (2) signs listing SBA sponsors for the current and previous year. Signs a . not to exceed the size of (4 feet by 8 feet). A pennant style sign will be allowed on each field that lists the previous years season winners The signs are not to exceed the size of (3 feet by 5 feet). VII. INDEMNITY SBA SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY SBA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN PARAGRAPH XII OF THIS AGREEMENT. Rev.Date 12/8198 FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 16 Print Date 12/8/98 SOLITHLAKE BASEBALL 'ASSOCIATION,INC. 5F 4 VIII. FOOD SERVICE food or drink prepared, served, sold, or stored shall be done so in strict conformity with all city, state, county and federal law. See attachment "F" for concession stand uses. IX. DOCUMENTS AND OFFICERS SBA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by-laws of SBA. Names, addresses and phone numbers of all officers and board members of SBA shall also be submitted to the Parks and Recreation Division within two weeks after election or appointment. Southlake Parks and Recreation Division shall submit to SBA the Names, addresses and phone numbers of all Parks and Recreation Division supervisors and managers and Parks Board members within two weeks after election or appointment. X. ROSTERS AND SCHEDULES SBA shall furnish the Parks and Recreation Division the number of players by age and division and zip code within one week following Opening Day of each season. A full schedule for the season will be submitted, if available one full week prior to Opening Day of each season. If full schedule is not available, SBA will submit one month's schedule, one full week prior to those scheduled games. XI. FIELD MANAGER SBA shall furnish the Parks and Recreation Division the names and telephone numbers of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Division representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement and/or needed repairs or supplies. The SBA Field Manager shall meet before each season with the Parks Crew Leader to be briefed on maintenance procedures and techniques. XII. INSURANCE SBA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SBA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1 ,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY from and against all liability for claims arising out of or in connection with SBA's use and occupation of the premises. SBA agrees to procure insurance to cover accident medial expenses for all players. This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a fired accident. Rev.Date 12/8/98 FACILITIES UTILIZATION AGREEMENT PAGE 3 OF 16 Print Date 12/8/98 SOUTHLAKE BASEBALL ASSOCIATION,INC. .5F S SI I-h insurance shall be issued by a company or companies of sound and adequate financial r nsibility and authorized to do business in Texas. The type and limit of insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000-Combined Single Limit Coverage Public Liability For Bodily Injury and Property Damage, or On a Per Occurrence Basis All insurance policies shall be subject to the examination and approval of the Office of the City Manager for Southlake, for their adequacy as to content, protection and named insurance company. SBA shall furnish to CITY copies of such insurance policies within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by SBA at the City of Southlake Park Facilities, whichever comes first. SBA understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under this Article shall be a cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. SBA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. SBA agrees to procure insurance to cover accident medical expenses for all players. This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a covered accident. XIII. LIMIT ON HOURS OF PLAY SBA agrees to stop play (includes games and practices) by 10:00 PM on Sunday thru Thursday, and 11:00 PM on Friday and Saturday. Lights will be turned out respectively at 10:30PM on Sunday thru Thursday, and 11:30PM on Friday and Saturday. XIV. PUBLIC ADDRESS SYSTEM No Public address system may be used after 8:00 PM on Monday thru Sunday. Rev.Date 123W FACILITIES UTILIZATION AGREEMENT PAGE 4 OF 16 Print Date 12B/98 SOUTHLAKE BASEBALL ASSOCIATION,INC. 5F-b XV. COMMISSIONER SL.A agrees to provide a league representative on-site at each SBA organized league or tournament game held on the premises. XVI. EXHIBITS The City and SBA agree that the exhibits attached to this agreement are incorporated into this agreement as if set out in their entirety. Exhibits included are- 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" City Storage Location Assignments 4. EQUIPMENT AGREEMENT "D" 1999 Equipment List and Requirements 5. SBA FIELD REQUIREMENTS "E" 1999 Field Requirements 6. Concession Stand °F" 1999 Concession XVII. SCHEDULING The City reserves the right to utilize the premises when SBA activities are not scheduled. If SBA fails to use the premises for its designated and scheduled activities, this agreement is terminated. XVIII. DEFAULT If either party, City or SBA, violates any term of this agreement, either party may find the other in default and terminate the agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. Rev.Date 1218M FACILITIES UTILIZATION AGREEMENT PAGE 5 OF 16 Print Date 12/8/98 SOUTHLAKE BASEBALL ASSOCIATION,INC.' 5F- 7 ...4 agreement is made and entered into on the day of 1999. CITY of SOUTHLAKE by: Sandra LeGrand, City Secretary Rick Stacy, Mayor City of Southlake Approved as to form Ed Agnew, President City Attorney Southlake Baseball Association This agreement approved by the Board of Directors, Southlake Baseball Association, and entered into the minutes of the Board meeting held 1999. 'etary ,,-,jthlake Baseball Association Rev.Date 12/8198 FACILITIES UTILIZATION AGREEMENT PAGE 6 OF 16 Print Date 12MM SOUTHLAKE BASEBALL ASSOCIATION,INC. 5F 8 EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The Parks and Recreation Division (City) shall maintain at competition quality the infield and all turf areas in the outfield to include mowing, weed control, fertilizing and herbicide spraying. 2. The City shall perform all pre-season clay and turf maintenance to include adding soil conditioners, clay renovation, and cutting infield arcs and base paths. The City shall build the pitcher's mound if needed. The City shall also provide clay, sand, soil, etc. to be used in leveling or back filling low areas when deemed necessary. 3. The City shall drag the infields Monday thru Friday and on Saturday mornings for scheduled league play, weather permitting. SBA shall be responsible for dragging fields for all games on Saturdays after the initial dragging and lining by park staff for the first morning game. SBA shall apply water and stripe as required during Saturday games. 4. SBA shall be responsible for payment of any damage caused to the fields with regards to the dragging of the infields if found to be caused by SBA. This includes but is not limited to sprinklers heads, bases, base pegs, quick couplers, and the outfield grass apron. SBA shall leave a space of one (1) foot between all edges of the outfield when dragging the infield. 5. All equipment used by SBA must be approved by the Parks and Recreation Division and all users must complete a training course provided by the parks maintenance employees prior to the )eginning of the season. Only users who have attended the training and signed the waiver with the Parks Division will be able to drag the fields. 6. The City shall mark all foul lines. 7. The City shall maintain all backstops, fences, and gates in a safe and secure condition. SBA will ensure that the fencing will not be used for warm-up hitting causing damage. SBA will ensure that soft toss will be allowed. SBA will ensure that no pitching machines will be set up to disperse balls directly into the side of the fencing. The pitching machine can be used on Pitcher's mound or against pitching practice fence only. 8. The City shall maintain all bleachers and dugouts in a secure condition. 9. The City shall provide and maintain all area and ball field lighting systems. 10.The City shall be responsible for the maintenance of any infield irrigation system and watering of the infield. If field conditions warrant additional watering, SBA may water as needed. City will provide the quick coupler connections to Association at the beginning of the season. 11.The City shall be responsible for the maintenance of any outfield and adjacent park irrigation systems and the watering of the outfield and of non-athletic turf areas. Rev.Date 12/8/98 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 16 Print Date 12/8/98 SOUTHLrKE BASEBALL ASSOCIATION,INC. 5F-9 V The City shall maintain the rest rooms in a sanitary condition. 1'he City shall be responsible for all public scoreboards and the lines leading to the scoreboards. SBA shall maintain and provide any repairs to the scoreboard control boxes and pay for replacement of the scoreboard control boxes if misplaced or lost by SBA. 14.The City shall provide and install the home plate and base pegs. 15.The City shall be responsible for chalking of baselines and any other field markings necessary for scheduled league play, Monday through Friday. The City shall provide line chalk for the purposes of completing these markings only on fields maintained and scheduled through the City. SBA may drag and line fields between games as necessary. SBA shall provide line chalk for its own additional uses and may line fields as needed in addition to the above. SBA shall provide necessary maintenance equipment for its use. Maintenance procedures and equipment should conform to City approval and field maintenance guidelines. The city shall provide 60 bags of chalk for the spring season and 20 bags of chalk for the fall season for striping of the infields. Any additional bags of chalk must be purchased by SBA for the remainder of the season. 16.SBA shall place bases and pitchers rubbers for each game. (City will provide one set of bases and one pitcher's rubber for each field. Bases will be labeled City-SBA or City-SGSA) The City will install and maintain base pegs in ground, and provide necessary tools. If the bases are stolen or lost, the association is responsible for replacement. For Shetland division, the first base is to be a league approved double base. SBA will request and instruct coaches to remove and .ore bases and pitching rubber following completion of each day's play. At the end of the season each association will return one set of bases and pitching rubber for each field. 17.SBA shall be responsible for daily game day collection of all litter on their fields to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the City. The City shall provide pick up for these receptacles. 18.SBA shall be prohibited from performing any maintenance to any turf or infield areas (except as stated in #3, 4, 5 above), without permission from the City. 19.SBA shall ensure that all secured areas remain locked and/or are locked at the completion of each activity. SBA shall chain gates to the fields after the conclusion of all practices and games. The City will provide the Field Manager keys necessary for emergency access to main gate(s) and to all field gates. 21 SBA shall ensure that all field lights are turned off at the completion of all practices and games in accordance with section XIII Limits on Hours of Play. The City will provide the Field Manager keys necessary for access to all light switches. 21 The City shall maintain all fencing associated with battinq cages and SBA will maintain and -9cure all netting. Rev.Date 1?JaW FACILITIES UTILIZATION AGREEMENT , PAGE 8 OF 16 Print Date 1ZZM SOUTHLAKE BASEBALL AS,JCIATION,INC. 5F-/a SA will provide all necessary maintenance equipment, used for its purposes, not specifically lamed in this agreement. Rev.Date 1218/98 FACILITIES UTILIZATION AGREEMENT PAGE 9 OF 16 Print Date 12/8W SOUTHIAKE BASEBALL ASSOCIATION,INC. S)C-// EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The City will inspect Athletic Fields by 4:00 PM and will, if conditions warrant, consult with the appropriate SBA Field Manager, Commissioner, or their designate, about the status of the field(s). The Parks Employee will have the final responsibility for canceling games with regards to field conditions for weekday games. 2. The Parks and Recreation Division representative will take responsibility for making a decision based upon field condition or weather. 3 After games have begun and inclement weather becomes a factor, the umpires and/or SBA fficials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. A Parks Division employee will monitor the weather and field conditions and consult with the appropriate SBA Field Manager, Commissioner, or their designate, about the status of the field(s) by 7:30 am Saturday morning. Status for Saturday PM games will be reevaluated at 11:30am and the field decision will be made prior to Noon Saturday. The SBA field manager will be notified immediately of any field closures. 2. After games have begun and inclement weather becomes a factor, the umpires and/or SBA officials shall follow the same guidelines for deciding cancellation or postponement. CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Crew Leader responsible for athletic field maintenance. 2. In the Parks Crew Leader's absence, the Park Maintenance Team Leader shall make the decision concerning Athletic Field Closures. Rev.Date 1218l98 FACILITIES UTILIZATION AGREEMENT PAGE 10 OF 16 Prit.'Date 1ZWW SOUTHLAKE BASEBALL ASSOCIATION,INC. ,5F/Z 3. The Park Maintenance staff shall consult with the Parks Crew Leader on any decision concerning thletic field closures. 4. In the absence of both the Parks Crew Leader and the Park maintenance staff, a person designated by the Paks Director shall make decisions concerning athletic field closures. NOTIFICATIONS 1. The appropriate SBA Field Manager has the responsibility to notify the SBA and the participants about the field closure decision. 2. The city staff will place notification of field conditions on the "field condition" phone line (481- 5581 ext. 6 ) by 4:00 PM on weekdays and 9:00 am on weekends when activities are scheduled. 3. The maintenance crews will require a minimum of 24 hours prior notice of rescheduled games by SBA. If 24 hour notice is not received the City will not prepare fields for use. 4. If a game is canceled due to rain, that game cannot be moved to another field without the approval of the Recreation Supervisor. 5. Associations are required to comply with and enforce all field signage posted on the fields to include the following "No Trespass" signage: Fields #4 thru #10 "Entry beyond this point is forbidden except for persons in City-Sponsored Leagues or City Co-Sponsored athletic events. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) b) Rain-outs "CLOSED FIELD - Entry upon this field is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) Rev.Date 12/8/98 FACILITIES UTILIZATION AGREEMENT PAGE 11 OF 16 Print Date 1218198 SOUTHLAKE BASEBALL ASSOCIATION,INC. ,5'F43 EXHIBIT "E" 1999 FIELD REQUIREMENTS FALL Division Opening Estimated League Weeks of Weeks of Practices Day Teams Games Season Tournament per Week SHETLAND 3/27/99 10 8 8 0 1 PINTO 3/27/99 12 8 8 0 1 MUSTANG 3/27/99 10 8 9 0 1 BRONCO 3/27/99 8 8 9 0 1 PONY 3/27/99 8 8 9 0 1 FIELD REQUIREMENTS: Fields Practice Dates Game Dates Pinto #4 8/16 thru 11/5 9/11 thru 11/6 Pinto #5 8/16 thru 11/5 9/11 thru 11/6 "centennial #6 8/14 9/11 thru 11/6 8/16 thru 11/5 Bicentennial #7 8/14 9/11 thru 11/6 8/16 thru 11/5 Bicentennial #8 8/14 9/11 thru 11/6 8/16 thru 11/5 Bicentennial #9 8/14 9/11 thru 11/6 8/16 thru 11/5 Bicentennial #10 8/16 thru 11/5 3/27 thru 7/23 Durham #2 8/16 thru 11/5 No games Koalty Paris#2 & 4 8/16 thru 11/5 No games Rev.Date 129M FACILITIES UTILIZATION AGREEMENT PAGE 15 OF 16 '-Print Date 124M SOUTHLAKE BASLdALL ASSOCIATION,INC. ,5f 17 EXHIBIT '7' 1999 CONCESSION AGREEMENT The parties to this request which are in understanding and agreement are the City of Southlake, Texas, herein called "City", and the Southlake Baseball Association, herein called "SBA." The parties agree and understand to the following: 1. SBA will at all times during the term of this agreement maintain the concession stand in a sanitary manner in compliance with City, County and State statutes and ordinances. 2. SBA is responsible to ensure that the concession pass inspection by the County Health Department and that the health permit issued be posted in the concession stand. 3. SBA shall clear the area of all trash, garbage, paper, containers, litter, etc. generated by the concession stand. A dumpster and trash receptacles are furnished by the City. 4. The City will furnish SBA one key to the concession stand. This key must be returned to the Parks and Recreation office within one week after the conclusion of the season. 5. The City shall be responsible for all water and electric bills for the concessions stand. 6 The City shall be responsible for underground utility line and pipes leading to and from the oncession stand. The City is responsible for the building structure of the concession stand. The City shall be responsible for any mechanical maintenance or repairs on city owned equipment within the concession stand. 7. SBA shall be responsible for keeping on only the essential appliances during non-operating hours. Only refrigerators, freezers and ice machines may be left on. Air conditioners and lights shall be turned off when not in use. SBA shall be responsible for the upkeep and maintenance of SBA owned equipment. SBA waives any claim against the City for loss of or damage to equipment stored in storage area. 8. SBA shall be responsible for securing insurance for any inventory owned by Association. The City will not allow unsupervised admission to the concession stand during non use hours by SBA. 9. The City Reserves the right to utilize the concession stand when not in use by SBA. City agrees to provide 72 hour notice to SBA prior to such use. 10.The City agrees to not allow harvesting of the ice machine on days with scheduled SBA games. 11.The attachment "1999 Concessions Agreement" is for the concession stand located at 450 W. gouthlake Blvd. Rev.Date 12/8W FACILITIES UTILIZATION AGREEMENT PAGE 16 OF 16 Print Date 12/8/98 SOUT»LAKE BASEBALL ASSOCIATION,INC. ,I�F-B SBA FIELD RESERVATION SCHEDULE �-- SPRING 1999 FIELD DATES TIME Bicentennial Park Field #4 2/22 thru 7/23 M-F 4pm-dark Sat. & Sun. Sam-dark Bicentennial Park Field #5 2/22 thru 7/23 M-F 4pm-dark Sat. & Sun. 8am-dark Bicentennial Park Field #6 2/6, 2/7& 2/20 8:30am-10:00pm 2/22-7/23 M-Th 4pm-10:00pm Friday 4pm-11:00pm Saturday 8:30am-11:00pm Sunday 12pm-10:00pm Bicentennial Park Field #7 2/6, 2/7 & 2/20 8:30am-10:00pm 2/22-7/23 M-Th 4pm-10:00pm Friday 4pm-11:00pm Saturday 8:30am-11:OOpm Sunday 12pm-10:00pm Bicentennial Park Field #8 2/6, 2/7 & 2/20 8:30am-10:00pm 2/22-7/23 M-Th 4pm-10:00pm Friday 4pm-11:00pm Saturday 8:30am-11:00pm Sunday 12pm-10:00pm Bicentennial Park Field#9 2/6, 2/7 & 2/20 8:30am-10:00pm 2/22-7/23 M-Th 4pm-10:00pm Friday 4pm-11:00pm Saturday 8:30am-11:OOpm Sunday 12pm-10:00pm Bicentennial Park Field #10 2/22 thru 7/23 M-F 4pm-dark Sat. & Sun. Sam-dark Koalty Park Field#2 & 4 2/22-6/4 M-F 4pm-dark Sat. & Sun. Sam-dark Dur;,,. ;lementary#2 2/22-6/4 M-F 4pm-dark Sat. & Sun. 8am-dark .SF-�9 SBA FIELD RESERVATION SCHEDULE FALL 1999 EEELD DATES TIME Bicentennial Park Field #4 8/16 thru 11/5 M-F 4pm-dark Sat. & Sun. Sam-dark Bicentennial Park Field#5 8/16 thru 11/5 M-F 4pm-dark Sat. & Sun. Sam-dark Bicentennial Park Field#6 8/14 8:30am-10:00pm 8/16-11/5 M-Th 4pm-10:00pm Friday 4pm-11:00pm Saturday 8:30am-11:00pm Sunday 12pm-10:00pm Bicentennial Park Field #7 8/14 8:30am-10:00pm 8/16-11/5 M-Th 4pm-10:00pm �- Friday 4pm-11:00pm Saturday 8:30am-11:00pm Sunday 12pm-10:00pm Bicentennial Park Field #8 8/14 8:30am-10:00pm 8/16-11/5 M-Th 4pm-10:00pm Friday 4pm-11:00pm Saturday 8:30am-11:00pm Sunday 12pm-10:00pm Bicentennial Park Field #9 8/14 8:30am-10:00pm 8/16-11/5 M-Th 4pm-10:00pm Friday 4pm-11:00pm Saturday 8:3Oam-11:OOpm Sunday 12pm-10:00pm Bicentennial Park Field #10 8/16 thru 11/5 M-F 4pm-dark Sat. & Sun. 8am-dark Koalty Park Field #2 & 4 8/16-11/5 M-F 4pm-dark Sat. & Sun. 8am-dark Durha—m Elementary#2 8/16-11/5 M-F 4pm-dark Sat. & Sun. 8am-dark ,SF-ZO City of Southlake, Texas MEMORANDUM December 29, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Authorize the Mayor to enter into a Facility Usage Agreement with the Southlake Girls' Softball Association. Action Requested: City Council consideration of Facility Usage Agreement with Southlake Girls' Softball Association. Background Information: This is the facility usage agreement between the City and SGSA, which delineates the relationship and responsibilities of each entity. This agreement is reviewed annually and any necessary changes are made to the agreement. The changes to the agreement from last year are: • Allows placement of(2) signs listing current SGSA sponsors. This is same language as in SBA agreement. 0 Reiterates the hours that field lights must be turned off(10:30 p.m. for Sunday through Thursday, and 11:00 p.m. for Friday and Saturday). • Provides maintenance responsibility for batting cages and netting, in anticipation of these improvements being made in the next few months. Financial Considerations: This agreement involves no compensation and the City's responsibilities have been included in the Fiscal Year 1998-99 Budget. Citizen Input/ Board Review: Recreation Supervisor Kathy Schaeffer has discussed the changes with SGSA President Jim Munch and he concurs with the changes. SGSA is aware that the agreement in form will be considered by the City Council on January 5, 1999. SGSA will present any further changes prior to this date. Approved by Park and Recreation Board on Consent agenda December 14, 1998 (5-0). Legal Review: No significant changes since last City Attorney review. City Attorney E reviews SGSA insurance documents for compliance. \\SLKS V0002\khugman$\WP-FILES\COUNCIL\fua-sgsa.doc Curtis E. Hawk, City Manager December 18, 1998 Page 2 Alternatives: Not Applicable. Supporting Documents: Facility Usage Agreement with Southlake Girls' Softball Association. Staff Recommendation: Staff recommends approval of the proposed Facility Usage Agreement with Southlake Girls' Softball Association. KH Approved for Submittal to City Council: ty ager's Office \\SLKSV0002\khugman$\WP-FILES\COUNCIL\fua-sgsa.doc 1%'Z/ FACILITIES UTILIZATION AGREEMENT The parties to this agreement are the City of Southlake, Texas, herein called "City", and the Southlake Girls Softball Association, herein called "SGSA." FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "E", SGSA Field requirements. Field requirements and dates for Spring and Fall seasons shall be provided by SGSA to City at least 90 days before opening day of a season. Facilities in Exhibit "E" are herein called "Premises" in accordance with the terms of this agreement. II. SEASONS AND HOURS The seasons of this agreement shall be annually for Spring Season, Fall Season and tournaments on the days of Monday through Saturday, with each facility usage to not begin before 4:00 PM on weekdays or 8.30AM on Saturdays, and 12:00pm on Sundays. The following are approximate dates for significant activities: Spring FALL Coach Look February 6 & 7, 1999 2nd weekend in August Practice Begins February 22, 1999 3rd week in August Opening Day March 27, 1999 2nd weekend in September End of Regular Season June 26, 1999 2nd weekend in November III. RENEWAL OR TERMINATION This agreement must be renewed on an annual basis on January 1 of each year, with SGSA having the right of first refusal to enter into a new agreement. Changes in the agreement must be requested 90 days prior to the renewal date by either party. Written notification by the City must be provided to the President of SGSA at their residence. Written notification by SGSA must be provided to the City Manager, City of Southlake at City Hall. In the event SGSA terminates this agreement, SGSA will remove its own movable equipment which is not of a permanent nature upon non-renewal of this agreement within thirty (30) days of the termination date. Rev.Date 12/18/99 FACILITIES UTILIZATION AGREEMENT PAGE 1 OF 17 Print Date 12/18/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 5G 3 IV. FEES AND ASSIGNMENT SGSA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) SGSA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. SGSA agrees to provide signs clearly indicating donations are requested only for the SGSA activity occurring on Premises. Access to other Premises activities shall be clearly available. SGSA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. V. UNLAWFUL ACTIVITIES SGSA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION SGSA, in accordance with the City's Donation Policy shall submit to the Parks and Recreation Board for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the City. Permanent structures shall become the property of the City. SGSA is allowed a maximum of two (2) signs listing SGSA sponsors for the current and previous year. Signs are not to exceed the size of (4 feet by 8 feet). A Pennant style sign will be allowed on each field that lists the previous years season winners. The signs are not to exceed the size of (3 feet by 5 feet). VII. INDEMNITY SGSA SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY SGSA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE Rev. Date 12/1&99 FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 17 Print Date 12/18/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN PARAGRAPH XII OF THIS AGREEMENT. VIII. FOOD SERVICE All food or drink prepared, served, sold, or stored shall be done so in strict conformity with all city, state, county and federal law. IX. DOCUMENTS AND OFFICERS SGSA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by-laws of SGSA. Names, addresses and phone numbers of all officers and board members of SGSA shall also be submitted to the Parks and Recreation Division within two weeks after election or appointment. Southlake Parks and Recreation Division shall submit to SGSA the Names, addresses and phone numbers of all Parks and Recreation Division supervisors and directors and Parks Board members within two weeks after election or appointment. X. ROSTERS AND SCHEDULES SGSA shall furnish the Parks and Recreation Division the number of players by age and division and zip code within one week following Opening Day of each season. A full schedule for the season will be submitted, if available one full week prior to Opening Day of each season. If full schedule is not available, SGSA will submit one month's schedule, one full week prior to those scheduled games. XI. FIELD MANAGER SGSA shall furnish the Parks and Recreation Division the names and telephone numbers of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Division representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement and/or needed repairs or supplies. The SGSA Field Manager shall meet before each season with the Parks Crew Leader to be briefed on maintenance procedures and techniques. XII. INSURANCE SGSA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SGSA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional Rev. Date 12/18/99 FACILITIES UTILIZATION AGREEMENT PAGE 3 OF 17 Print Date 12/18/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION ,56-S insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY from and against all liability for claims arising out of or in connection with SGSA's use and occupation of the premises. SGSA agrees to procure insurance to cover accident medical expenses for all players. This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a covered accident. Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000 - Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage, or on a Per Occurrence Basis. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake, for their adequacy as to content, protection and named insurance company. SGSA shall furnish to CITY copies of such insurance policies within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by SGSA at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. SGSA understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be a cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. SGSA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. XIII. LIMIT ON HOURS OF PLAY SGSA agrees to stop play (includes games and practices) by 10:00 PM on Sunday thru Thursday, and 11:00 PM on Friday and Saturday. Lights will be turned out respectively at 10:30PM on Sunday thru Thursday, and 11:30PM on Friday and Saturday. Rev.Date 12/1&% FACILITIES UTILIZATION AGREEMENT PAGE 4 OF 17 Print Date 12/18/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 56-b XIV. PUBLIC ADDRESS SYSTEM No public address system may be used after 8:OOPM on Monday thru Saturday. XV. COMMISSIONER SGSA agrees to provide a league representative on-site at each SGSA organized league or tournament game held on the premises. XVI. EXHIBITS The City and SGSA agree that the exhibits attached to this agreement are incorporated into this agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" City Storage Location Assignments 4. EQUIPMENT AGREEMENT "D" 1999 Equipment List and Requirements 5. SGSA FIELD REQUIREMENTS "E" 1999 Field Requirements 6. Concession Stand "F" 1999 Concession Agreement XVII. SCHEDULING The City reserves the right to utilize the premises when SGSA activities are not scheduled. If SGSA fails to use the premises for its designated and scheduled activities, this agreement is terminated. XVIII. DEFAULT If either party, City or SGSA, violates any term of this agreement, either party may find the other in default and terminate the agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. Rev.Date 12/1&99 FACILITIES UTILIZATION AGREEMENT PAGE 5 OF 17 Print Date 12/1&99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION This agreement is made and entered into on the day of -1999. CITY of SOUTHLAKE by: Sandra LeGrand, City Secretary Rick Stacy, Mayor City of Southlake Approved as to form Jim Munch, President City Attorney Southlake Girls Softball Association This agreement approved by the Board of Directors, Southlake Girls Softball Association, and entered into the minutes of the Board meeting held 1999. Secretary Southlake Girls Softball Association Rev.Date 12/1&99 FACILITIES UTILIZATION AGREEMENT PAGE 6 OF 17 Print Date 12/18199 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 56--Y EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The Parks and Recreation Division (City) shall maintain at competition quality the infield and all turf areas in the outfield to include mowing, weed control, fertilizing and herbicide spraying. 2. The City shall perform all pre-season clay and turf maintenance to include adding soil conditioners, clay renovation, and cutting infield arcs. The City shall also provide clay, sand, soil, etc. to be used in leveling or back filling low areas when deemed necessary. 3. The City shall drag the infields Monday thru Friday, and on Saturday mornings for scheduled league play, weather permitting. SGSA shall be responsible for dragging fields for all games on Saturdays after the intial dragging and lining by park staff for the first morning game. SGSA shall apply water and stripe as required during Saturday games. 4. SGSA shall be responsible for payment of any damage caused to the fie!ds with regards to the dragging of the infields if found to be caused by SGSA. This includes but is not limited to sprinklers heads, bases, base pegs, quick couplers, and the outfield grass apron. SGSA shall leave a space of one (1) foot between all edges of the outfield when dragging the infield. 5. All equipment used by SGSA must be approved by the Parks and Recreation Division and all users must complete a training course provided by the parks maintenance employees prior to the beginning of the season. Only users who have attended the training and signed the waiver with the Parks Division will be able to drag the fields. 6. The City shall mark all foul lines. 7. The City shall maintain all backstops, fences and gates in a safe and secure condition. SGSA will ensure that the fencing will not be used for warm-up hitting causing damage. SGSA will ensure that soft toss will not be allowed. SGSA will ensure that no pitching machines will be set up to disperse balls directly into the side of the fencing. The pitching machine can be used on the pitcher's mound or against the practice fence only. 8. The City shall maintain all bleachers and dugouts in a secure condition. 9. The City shall provide and maintain all area and ball field lighting systems. 10.The City shall be responsible for the maintenance of any infield irrigation system and watering of the infield. If field conditions warrant additional watering, SGSA may water as needed. City will provide the quick coupler connections to Association at the beginning of the season. Rev.Date 12 I&99 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 17 Print Date 12/1&99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION aG- 9 11.The City shall be responsible for the maintenance of any outfield and adjacent park irrigation systems and the watering of the outfield and of non-athletic turf area. 12.The City shall maintain the rest rooms in a sanitary condition. 13.The City shall be responsible for all public scoreboards and the lines leading to the scoreboards. SGSA shall maintain and provide any repairs to the scoreboard control boxes and pay for replacement of the scoreboard control boxes if misplaced or lost by SGSA. Control boxes shall be kept and stored by SGSA throughout the year. 14.The City shall provide and install the home plate and base pegs. 15.The City shall be responsible for chalking of baselines and any other field markings necessary for scheduled league play, Monday through Friday. The City shall provide line chalk for the purposes of completing these markings only on fields maintained and scheduled through the City. SGSA may drag and line fields between games as necessary. SGSA shall provide line chalk for its own additional uses and may line fields as needed in addition to the above. SGSA shall provide necessary maintenance equipment for its use. Maintenance procedures and equipment should conform to City approval and field maintenance guidelines. The city shall provide 40 bags of chalk for the spring season and 25 bags of chalk for the fall season for striping of the infields. Any additional bags of chalk must be purchased by SGSA for the remainder of the season. 16.SGSA shall place bases and pitchers rubbers for each game. (City will provide bases and pitchers rubber for each field. Bases will be labeled City-SBA or City SGSA.) The City will install and maintain base pegs in ground, and provide necessary tools. If bases are stolen or lost, the association is responsible for replacement. SGSA will request and instruct coaches to remove and store bases and pitching rubber following completion of each day's play. At the end of the season, each association will return to the City one set of bases and pitching rubber for each field. 17.SGSA shall be responsible for daily game day collection of all litter on their fields to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the City. The City shall provide pick up for these receptacles. 18.SGSA shall be prohibited from performing any maintenance to any turf or infield areas (except as stated in #3,4,5 above), without permission from the City. 19.SGSA shall ensure that all secured areas remain locked and/or are locked at the completion of each activity. SGSA shall chain gates to the fields after the conclusion of all practices Rev. Date 12/18/99 FACILITIES UTILIZATION AGREEMENT PAGE 8 OF 17 Print Date 12/18/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION and games. The City will provide the Fields Manager keys necessary for emergency access to main gate(s) and to all field gates. 20. SGSA will make every effort possible to not schedule 8 & under, or 10 & under play on Field #1. The game schedule must be approved by the Recreation Supervisor before any 8 & under and 10 & under games are scheduled on this field. 21. SGSA shall ensure that all field lights are turned off at the completion of all Practices and games in accordance with section XIII Limits on Hours of Play. The City will provide the Field Manager keys necessary for access to all light switches 22.The City shall maintain all fencing associated with batting cages and SGSA will maintain and secure all netting 23 .SGSA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this agreement. Rev. Date 12/18/99 FACILITIES UTILIZATION AGREEMENT PAGE 9 OF 17 Print Date 12/1&99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The City will inspect Athletic Fields by 4:00 PM and will, if conditions warrant, consult with the appropriate SGSA Field Manager, Commissioner, or their designate, about the status of the field(s). The Parks Employee will have the final responsibility for canceling games with regards to field conditions for weekday games. 2. The Parks and Recreation Division representative will take responsibility for making a decision based upon field condition or weather. 3. After games have begun and inclement weather becomes a factor, the umpires and/or SGSA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. A Parks Division employee will monitor the weather and field conditions and consult with the appropriate SGSA Field Manager, Commissioner, or their designate, about the status of the field(s) by 7:30 am Saturday morning. Status for Saturday PM games will be reevaluated at 11:30am and the field decision will be made prior to Noon Saturday. The SGSA field manager will be notified immediately of any field closures. 2. After games have begun and inclement weather becomes a factor, the umpires and/or SGSA officials shall follow the same guidelines for deciding cancellation or postponement. Rev. Date 12/18/99 FACILITIES UTILIZATION AGREEMENT PAGE 10 OF 17 Print Date 12/18/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION Jr6-/,Z CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Crew Leader responsible for athletic field maintenance, while working closely with the SGSA representative. 2. In the Parks Crew Leader's absence, the Park Maintenance Team Leader shall make the decision concerning Athletic Field Closures. 3. The Park Maintenance Team Leader shall consult with the Parks Crew Leader on any decision concerning athletic field closures. 4. In the absence of both the Parks Crew Leader and the Park Maintenance Staff, a person designated by the Parks Director shall make decisions concerning athletic field closures. NOTIFICATIONS 1. The appropriate SGSA Field Manager has the responsibility to notify the SGSA and the participants about the field closure decision. 2. The city staff will place notification of field conditions on the "field condition" phone line (481-5581 ext. 758 ) by 4:00 PM on weekdays and 9:00 am on weekends when activities are scheduled. 3. The maintenance crews will require a minimum of 24 hours prior notice of rescheduled games by SGSA. If 24 hour notice is not received the city will not prepare fields for use. 4. If a game is canceled due to rain, that game cannot be moved to another field without the approval of the Recreation Supervisor. 5. Associations are required to comply with and enforce all field signage posted on the fields to include the following "No Trespass" signage: a) Fields #2 and #3 "Entry beyond this point is forbidden except for persons in City-Sponsored Leagues or City Co-Sponsored athletic events. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) Rev. Date 12J1&99 FACILITIES UTILIZATION AGREEMENT PAGE 11 OF 17 Print Date 1211&99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION SG-/3 b) Fields #1 "Game Field Only- Entry upon this field is restricted to City Sponsored League Play or City Co-sponsored Athletic Events. Entry by others is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) c) Rain-outs "CLOSED FIELD - Entry upon this field is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) Rev.Date 12/18199 FACILITIES UTILIZATION AGREEMENT PAGE 12 OF 17 Print Date 12/18/99 SOLITHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "C" STORAGE FACILITIES AGREEMENT .1. SGSA shall have use of the two side storage rooms and middle section storage room of the storage shed located at Field #2 at Bicentennial Park. This storage building will be shared with the CISD Softball Program & Southlake Parks & Recreation Division. 2. The term of this agreement for storage usage shall be from January 1 through December 31 of year of the Facilities Agreement. 3. SGSA shall provide own security lock and provide City and CISD with a key allowing access in order to restock supplies needed by SGSA. 4. City storage areas are reserved for City purposes only and access is limited to City personnel. 5. SGSA waives any claim against the City for loss of or damage to equipment stored in storage area. Rev.Date 12118M FACILITIES UTILIZATION AGREEMENT PAGE 13 OF 17 Print Date 12/18/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 6b-/S EXHIBIT "D" 1999 EQUIPMENT LIST AND REQUIREMENTS _1. The SGSA will be given the following equipment for use on Fields#1 thru#3 at Bicentennial Park: Equipment Condition 3 Sets of Hollywood Style Bases Good 3 Double First Base Good 1 Double First Base Tie Down Good 2 Pitching Rubbers Good 2 Pitching Rubbers-Youth Good 3 Clean Out Tools Good 9 Field Plugs Good 2. The above mentioned equipment will be distributed to SGSA at the start of the season and must be returned within one week of the end of the season. If any equipment is missing or damaged, SGSA is held responsible for the replacement of the missing or damaged equipment. 3. Keys will be distributed to SGSA at the beginning of the season to the main gates, fields, lights, and buildings. These keys must be returned to the parks and recreation office within one week of the conclusion of the season. 4. SGSA is responsible for the care of all keys distributed to them. If a key is misplaced or lost, SGSA will be responsible for any costs involved with changing the locks. Rev.Date 12J18/99 FACILITIES UTILIZATION AGREEMENT PAGE 14 OF 17 Print Date 12/18/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION DRAFT DRAFT EXHIBIT "E" 1999 FIELD REQUIREMENTS SPRING Division Opening Estimated League Weeks of Weeks of Practices Day Teams Games Season Tournament per Week 8's 3/27/99 10 12 11 1 2 10's 3/27/99 10 12 11 1 2 12's 3/27/99 10 12 11 1 2 14's 3/27/99 8 12 11 1 2 16's 3127/99 6 10 11 1 2 18's 3/27/99 2 10 11 1 2 SPRING FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial #1 No Practices -Game field 3/27/99 thru 6/27/99 only Bicentennial #2 2/6, 2/7 3/27/99 thru 6/27/99 2/22/99 thru 6/27/99 Bicentennial #3 2/6, 217 3/27/99 thru 6/27/99 2/22/99 thru 6/27/99 Carroll Intermediate 2/22/99 thru 6/27/99 Koalty Park #1 & #3 2/22/99 thru 6/27/99 Durham Elementary #1 2/22/99 thru 6/27/99 Rev. Date 12/18/99 FACILITIES UTILIZATION AGREEMENT PAGE 15 OF 17 Print Date 12/18/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION '627, -17 DRAFT DRAFT EXHIBIT"E" 1999 FIELD REQUIREMENTS FALL Division Opening Estimated League Weeks of Weeks of Practices Day Teams Games Season Toumament per Week 8's 9/11/99 6 8 10 1 1 10's 9/11/99 6 8 10 1 1 12's 9/11/99 6 8 10 1 1 14's 9/11/99 4 8 10 1 1 16's 9/11/99 2 8 10 1 1 18's 9/11/99 1 8 10 1 1 FALL FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial #1 No Practices -Game field 9/11/99 thru 11/13/99 only Bicentennial #2 9/11/99 thru 11/13/99 8/9/99 thru 11/12/99 Bicentennial #3 9/11/99 thru 11/13/99 8/9/99 thru 11/12/99 Carroll Intermediate 8/9/99 thru 11/12/99 Koalty Park#1 & #3 8/9/99 thru 11/12/99 Durham Elementary#1 8/9/99 thru 11/12/99 Rev.Date 12/18W FACILITIES UTILIZATION AGREEMENT PAGE 16 OF 17 Print Date 12118M SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 5Ca-S EXHIBIT "F" 1999 CONCESSION AGREEMENT The parties to this request which are in understanding and agreement are the City of Southlake, Texas, herein called "City", and the Southlake Girls Softball Association, herein called "SGSA." The parties agree and understand to the following: 1. SGSA will at all times during the term of this agreement maintain the concession stand in a sanitary manner in compliance with City, County and State statutes and ordinances. 2. SGSA is responsible to ensure that the concession pass inspection by the County Health Department and that the health permit issued be posted in the concession stand. 3. SGSA shall clear the area of all trash, garbage, paper, containers, litter, etc. generated by the concession stand. A dumpster and trash receptacles are furnished by the City. 4. The City will furnish SGSA one key to the concession stand. This key must be returned to the Parks and Recreation office within one week after the conclusion of the season. 5. The City shall be responsible for all water and electric bills for the concessions stand. 6. The City shall be responsible for underground utility line and pipes leading to and from the concession stand. The City is responsible for the building structure of the concession stand. The City shall be responsible for any mechanical maintenance or repairs on city owned equipment within the concession stand. 7. SGSA shall be responsible for keeping on only the essential appliances during non- operating hours. Only refrigerators, freezers and ice machines may be left on. Air conditioners and lights shall be turned off when not in use. SGSA shall be responsible for the upkeep and maintenance of SGSA owned equipment. SGSA waives any claim against the City for loss of or damage to equipment stored in the concession area. 8. SGSA shall be responsible for securing insurance for any inventory owned by Association. The City will not allow unsupervised admission to the concession stand during non use hours by SGSA. 9. The City Reserves the right to utilize the concession stand when not in use by SGSA. City agrees to provide 72 hour notice to SGSA prior to such use. 10.The City agrees to not allow harvesting of the ice machine on days with scheduled SGSA games. 11.The attachment "1999 Concessions Agreement" is for the concession stand located at 400 N. White Chapel. Rev. Date 12/18/99 FACILITIES UTILIZATION AGREEMENT PAGE 17 OF 17 Print Date 12/18/99 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION . 6-19 SGSA FIELD RESERVATION SCHEDULE--SPRING 1999 FEET-D PATES TIME Bicf-• lnial Park Feld#1 3/27-4/16 M-Th 6:30pm-10:00pm Friday 6:30pm-11:00pm %w, Saturday 8:30am-11:00pm Sunday 12:OOpm-10:00pm Home games scheduled at night on 3130, 416, 4113 4/17-6/27 M-Th 4:OOpm-10:00pm Friday 4:00pm-11:00pm Saturday 8:30am-11:00pm Sunday 12:OOpm-10:00pm There may be a possiblity of CHS hosting a playoff game at the end of the season. Dates TBA. Bicentennial Park Field #2 2/6, 2/7 Saturday 8:30am-10:00pm Sunday noon-10:30pm 2/224/16** M-Th 5:30pm-10:00pm Friday 5:30pm-1 I:OOpm Saturday 8:30am-11:OOpm Sunday 12:OOpm-10:00pm **4/2-6/18 Fridays 4:OOpm-6:OOpm *' Make-ups on Thursday-April 22, May 13, June 10 `r---' 4/17-6/27 M-Th 4:OOpm-10:00pm Friday 4:OOpm-6:30pm Saturday 8:30am-11:OOpm Sunday 12:OOpm-10:00pm Bicentennial Park Field #3 2/6, 2/7 Saturday 8:OOam-10:00pm Sunday noon-10:30pm 2/22-4/16 M-Th 5:30pm-10:00pm Friday 5:30pm-11:00pm Saturday 8:30am-11:00pm Sunday 12:OOpm-10:00pm 4/17-6/27 M-Th 4:OOpm-10:00pm Friday 4:OOpm-6:30pm Saturday 8:30am-11:00pm Sunday 12:OOpm-10:00pm Carroll Intermediate Game Field 2/22-6/27 M thru F 4pm-IOpm Sat. & Sun. 8am-10pm Kos ty Park Field #1 & #3 2/22-6/27 M-F 4pm-dark Sat. & Sun. 8am-dark Durham Elementary#1 2/22-6/27 M-F 4pm-dark Sat. & Sun. 8am-dark SGSA FIELD RESERVATION SCHEDULE--FALL 1999 FFlELL12 DATES TIME Bicentennial Park Field #1 8/9-11/13 M-Th 4:OOpm-10:00pm Friday 4:OOpm-11:00pm Saturday 8:30am-11:00pm Sunday 12:OOpm-10:00pm Bicentennial Park Field #2 8/9-11/13 **T-Th 4:O0pm-10:00pm Saturday 8:30am-11:00pm Sunday 12:O0pm-10:00pm "Rain make-ups on Thursdays-September 16, October 7, October 28 Rain-make-ups on Tuesdays-September 21, October 12, October 26 Bicentennial Park Field #3 8/9-11/13 M-Th 4:OOpm-10:00pm Friday 4:OOpm-6:30pm Saturday 8:30am-11:00pm Sunday 12:OOpm-10:00pm Carroll Intermediate Game Field 8/9-11/13 M thru F 4pm-IOpm Sat. & Sun. 8am-10pm KL ark Field #1 & #3 8/9-11/13 M-F 4pm-dark Sat. & Sun. 8am-dark Durham Elementary #1 8/9-11/13 M-F 4pm-dark Sat. & Sun. 8am-dark �6~21 City of Southlake, Texas MEMORANDUM December 29, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Authorize the Mayor to enter into a Facility Usage Agreement with the Grapevine-Southlake Soccer Association. Action Requested: City Council consideration of Facility Usage Agreement with Grapevine- Southlake Soccer Association. Background Information: This is the facility usage agreement between the City and GSSA, which delineates the relationship and responsibilities of each entity. This agreement is reviewed annually and any necessary changes are made to the agreement. The changes to the agreement from last year are: • Makes fields at Bob Jones Park available for practice and game play. • Makes storage areas available for GSSA use at Bob Jones Park. (This temporary storage building has not yet been purchased.) Financial Considerations: This agreement involves no compensation and the City's responsibilities have been included in the Fiscal Year 1998-99 Budget. Citizen Input/ Board Review: Recreation Supervisor Kathy Schaeffer has discussed the changes with GSSA President Micki O'Brien and he concurs with the changes. GSSA is aware that the agreement in form will be considered by the City Council on January 5, 1999. GSSA will present any further changes prior to this date. Approved by Park and Recreation Board on Consent agenda December 14, 1998 (5-0). Legal Review: No significant changes since last City Attorney review. City Attorney reviews GSSA insurance documents for compliance. Alternatives: Not Applicable. \\SLKS V 0002\khugman$\WP-FILES\COUNCIL\fua-gssa.doc ,5N-i Curtis E. Hawk, City Manager December 18, 1998 Page 2 Supporting Documents: Facility Usage Agreement with Grapevine-Southlake Soccer Association. Staff Recommendation: Staff recommends approval of the Facility Usage Agreement with Grapevine-Southlake Soccer Association. KH Approved for Submittal to City Council: y 'Pager's Office \\S LKS V 0002\khugman$\WP-FILES\COLTNCIL\fua-gssa.doc 5N-1& FACILITIES UTILIZATION AGREEMENT The parties to this agreement are the City of Southlake, Texas, herein called "City", and the Grapevine-Southlake Soccer Association, herein called "GSSA". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "D", GSSA Field requirements. Field requirements and dates for Spring and Fall seasons shall be provided by GSSA to City at least 90 days prior to opening day of a season. Facilities in Exhibit "D" are herein called "Premises" in accordance with the terms of this agreement. II. SEASONS AND HOURS The seasons of this agreement shall be annually for Spring Season, Fall Season and tournaments on the days of Monday through Saturday, with each facility usage to not ,r begin before 4:00 PM on weekdays or 8:00 AM on Saturdays. The following are approximate dates for significant activities- Spring Fall Practice Begins February 1 Last week of August Opening Day February 27 First Saturday, September End of Regular Season May 1 Second Saturday, November Tournament Play May 3 thru May 8 III. RENEWAL OR TERMINATION This agreement must be renewed on an annual basis on January 1 of each year, with GSSA having the right of first refusal to enter into a new agreement. Changes in the agreement must be requested 90 days prior to the renewal date by either party. Written notification by the City must be provided to the President of GSSA at their residence. Written notification by GSSA must be provided to the City Manager, City of Southlake at City Hall. In the event GSSA terminates this agreement, GSSA will remove its own movable equipment which is not of a permanent nature upon non- renewal of this agreement within thirty (30) days. Rev. Date 12/1&98 FACILITIES UTILIZATION AGREEMENT PAGE 1 OF 13 Print Date 12/18/98 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION 5N-3 IV. FEES AND ASSIGNMENT GSSA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) GSSA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. GSSA agrees to provide signs clearly indicating donations are requested only for the GSSA activity occurring on Premises. Access to other Premises activities shall be clearly available. GSSA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. V. UNLAWFUL ACTIVITIES GSSA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION GSSA, in accordance with the City's Donation Policy shall submit to the Parks and Recreation Board for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the City. GSSA is allowed a maximum of two (2) signs listing GSSA sponsors for the current and previous year. Signs are not to exceed the size of (4 feet by 8 feet). VII. INDEMNITY GSSA SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY GSSA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANYGOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN PARAGRAPH X11 OF THIS AGREEMENT. Rev. Date 12/1&98 FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 13 Print Date 12/18198 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION VIII. FOOD SERVICE All food or drink prepared, served, sold, or stored shall be done so in strict conformity with all city, state, county and federal law. IX. DOCUMENTS AND OFFICERS GSSA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by-laws of GSSA. Names, addresses and phone numbers of all officers and board members of GSSA shall also be submitted to the Parks and Recreation Division within two weeks after election or appointment. Southlake Parks and Recreation Division shall submit to GSSA the Names, addresses and phone numbers of all Parks and Recreation Division supervisors and directors and Parks Board members within two weeks after election or appointment. X. ROSTERS AND SCHEDULES GSSA shall furnish the Parks and Recreation Division the number of players by age and division and zip code within one week following Opening Day of each season. A full schedule for the season will be submitted, if available one full week prior to Opening Day of each season. If full schedule is not available, GSSA will submit one month's schedule, one full week prior to those scheduled games. XI. FIELD MANAGER GSSA shall furnish the Parks and Recreation Division the names and telephone numbers of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Division representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement and/or needed repairs or supplies. The GSSA Field Manager shall meet before each season with the Parks Crew Leader to be briefed on maintenance procedures and techniques. XII. INSURANCE GSSA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect GSSA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall Rev. Date 12118J98 FACILITIES UTILIZATION AGREEMENT PAGE 3 OF 13 Print Date 12/18/98 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION 5N s protect CITY from and against all liability for claims arising out of or in connection with -GSSA's use and occupation of the premises. GSSA agrees to procure insurance to cover accident medical expenses for all players. This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a covered accident. Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000 - Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage, or on a Per Occurrence Basis. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake, for their adequacy as to content, protection and named insurance company. GSSA shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by GSSA at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. GSSA understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be a cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. GSSA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. XIII. LIMIT ON HOURS OF PLAY GSSA agrees to stop play by dark. Special circumstance for tournament play may be negotiated with city staff. Rev. Date 12/1&98 FACILITIES UTILIZATION AGREEMENT PAGE 4 OF 13 Print Date 12/18/98 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION XIV. COMMISSIONER GSSA agrees to provide a league representative on-site at each GSSA organized league or tournament game held on the premises. XV. EXHIBITS The City and GSSA agree that the exhibits attached to this agreement are incorporated into this agreement as if set out in their entirety. Exhibits included are.. 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" City Storage Location Assignments 4. GSSA FIELD REQUIREMENTS "D" 1999 Field Requirements XVI. SCHEDULING The City reserves the right to utilize the premises when GSSA activities are not scheduled. If GSSA fails to use the premises for its scheduled activities, this agreement is terminated. XVII. DEFAULT If either party, City or GSSA, violates any term of this agreement, either party may find the other in default and terminate the agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. Rev.Date 12/18/98 FACILITIES UTILIZATION AGREEMENT PAGE 5 OF 13 Print Date 12/1&98 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION 5N-7 This agreement is made and entered into on the day of , 1999. CITY of SOUTHLAKE by: Sandra LeGrand, City Secretary Rick Stacy, Mayor City of Southlake Approved as to form Micki O'Brien, President City Attorney Grapevine-Southlake Soccer Association This agreement approved by the Board of Directors, Grapevine-Southlake Soccer Association, and entered into the minutes of the Board meeting held 1999. Secretary Grapevine-Southlake Soccer Association Rev.Date 12/18/98 FACILITIES UTILIZATION AGREEMENT PAGE 6 OF 13 Print Date 12/1&98 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION �H'O EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The Parks and Recreation Division (City) shall maintain at competition quality all turf areas to include mowing, weed control, fertilizing and herbicide spraying. 2. The City shall perform all pre-season turf maintenance to include top dressing and cutting field marking lines. 3. The City shall mark field lines when necessary for scheduled league play. 4. The City shall provide line chalk/paint for completing markings only on fields maintained and scheduled through the City. GSSA shall provide line chalk/paint for its own additional uses and may line fields as needed in addition to the above. 5. The City shall maintain all goals and fences in a safe and secure condition. 6. The City shall maintain all bleachers and benches in a safe and secure condition. 7. The City shall be responsible for the maintenance of any turf irrigation system and watering of the field. 8. The City shall be responsible for the maintenance of any adjacent park irrigation systems and the watering of non-athletic turf areas. 9. The City shall maintain the rest rooms in a safe and sanitary condition. 10.The City will install and maintain goals. The GSSA is responsible for the set up and removal of goal nets and corner flags for all practices and games. 11.GSSA shall be responsible for daily practice and game day collection of all litter on their fields to include playing areas, fences, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the City. The City shall provide pick up for these receptacles. Any overflow trash resulting from concession use should be placed in the "dumpster" receptacle. 12.GSSA shall be prohibited from performing any maintenance to any turf areas without permission from the City. 13. GSSA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this agreement. Rev. Date 12/18/98 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 13 Print Date 12/18/98 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION 5N-9 EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The City will inspect Athletic Fields by 4:00 PM and will, if conditions warrant, consult with the appropriate GSSA Field Manager, Commissioner, or their designate, about the status of the field(s). The Parks Employee will have sole responsibility for canceling games with regards to field conditions for weekday games. 2. The Parks and Recreation Division representative will take responsibility for making a decision based upon field condition or weather. 3. After games have begun and inclement weather becomes a factor, the umpires and/or GSSA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. Inspect Athletic Fields by 4.00 PM on Friday. 2. Parks Division employee shall have sole responsibility of canceling games on the weekends. Saturday games may be canceled on Friday and if under the discretion of the Parks Division employee the field conditions warrant this action. The GSSA field manager will be notified immediately of any field closures. 3. If a decision at 4:00 PM Friday is not possible, a Parks Division employee will monitor the weather and field conditions, arrive at the fields by 7:30 am Saturday morning. The Parks employee will make a decision by 8.00am and will notify the GSSA field manager of any field closures. Rev. Date 12/18/98 FACILITIES UTILIZATION AGREEMENT PAGE 8 OF 13 Print Date 12/18/98 GRAPEVINE SOUTHIAKE SOCCER ASSOCIATION �N -iv CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Crew Leader responsible for athletic field maintenance, while working closely with the GSSA representative. 2. In the Parks Crew Leader's absence, the Park Maintenance Team Leader shall make the decision concerning Athletic Field Closures. 3. The Park Maintenance Team Leader shall consult with the Parks Crew Leader on any decision concerning athletic field closures. 4. In the absence of both the Parks Crew Leader and the Park Maintenance Team Leader, a person designated by the Parks Director shall make decisions concerning athletic field closures. NOTIFICATIONS 1 . The appropriate GSSA Field Manager has the responsibility to notify the GSSA and the participants about the field closure decision. 2. The city staff will place notification of field conditions on the "field condition" phone line (481-5581 ext. 1, 7, 5) by 4:00 PM on weekdays and 8:00 am on weekends when activities are scheduled. 3. The maintenance crews will require a minimum of 24 hours prior notice of rescheduled games by GSSA. If 24 hour notice is not received the City will not prepare fields for use. 4. Associations are required to comply with and enforce all field signage posted on the fields to include the following "No Trespass" signage: a) Fields #1 thru #8—Bob Jones Park "Entry beyond this point is forbidden except for persons in City-Sponsored Leagues or City Co-Sponsored athletic events. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) b) Fields #1 and #8--Bob Jones Park "Game Field Only - Entry upon this field is restricted to City Sponsored League Play or City Co-sponsored Athletic Events. Entry by others is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) Rev.Date 12/111198 FACILITIES UTILIZATION AGREEMENT PAGE 9 OF 13 Print Date 12/18/98 GRAPEVINE SOLITHLAKE SOCCER ASSOCIATION e) Rain-outs "CLOSED FIELD - Entry upon this field is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05.11 (Up to $500 fine) Rev.Dab 12/18W FACILITIES UTILIZATION AGREEMENT PAGE 10 OF 13 Print Date 12118M GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION 5N-12 EXHIBIT "C" STORAGE FACILITIES AGREEMENT 1. GSSA shall have use of the storage area located at Bob Jones Park The City of Southlake takes no responsibility for any type of damage or theft to items left in the storage building. 2. The term of this agreement for storage usage shall be from January 1 through December 31 of year of Facilities Agreement. 3. The City will check out a key to GSSA at the beginning of the season and the key must be returned to the Parks and Recreation office within the first week after the conclusion of the season. 4. City storage areas are reserved for City purposes only and access is limited to City personnel. Rev.Date 12/18M FACILITIES UTILIZATION AGREEMENT PAGE 11 OF 13 Prim!Date 12/18M GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION 51-1-19 DRAFT DRAFT EXHIBIT "D" 1999 FIELD REQUIREMENTS SPRING Division Opening Estimated League Weeks of Weeks of Practices Day Teams Games Season Tournament per Week U6 2/27/99 48 U8 2/27/99 52 U 10 2/27/99 32 U 12 2/27/99 23 U 14 2/27/99 10 U 16 2/27/99 3 FIELD REQUIREMENTS—SPRING- Fields Practice Dates Game Dates Bob Jones Park GAME FIELDS ONLY 2/27/99 thru 5/8/99 Fields #1 thru #8 6/4/99 thru 6/6/99 Bob Jones Park 2/1/99 thru 5/2/99 Fields South of Parking Lot 6/4/99 thru 6/6/99 Carroll Elementary School 2/1/99 thru 5/2/99 Soccer Practice Area 6/4/99 thru 6/6/99 Johnson Elementary School 2/1/99 thru 5/2/99 Soccer Practice Area 6/4/99 thru 6/6/99 Carroll Intermediate School 2/1/99 thru 5/2/99 Practice area by bus barn 6/4/99 thru 6/6/99 Durham Elementary #1 & #2 2/1/99 thru 5/2/99 6/4/99 thru 6/6/99 Rev.Date 12/18/98 FACILITIES UTILIZATION AGREEMENT PAGE 12 OF 13 Print Date 12/18/98 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION 5,41-/dl- DRAFT DRAFT EXHIBIT "D" 1999 FIELD REQUIREMENTS FALL Division Opening Estimated League Weeks of Weeks of Practices Day Teams Games Season Tournament per Week U6 9/11/99 48 U8 9/11/99 52 U 10 9/11/99 32 U12 9/11/99 23 U 14 9/11/99 10 U16 9/11/99 3 FIELD REQUIREMENTS—FALL: Fields Practice Dates Game Dates Bob Jones Park GAME FIELDS ONLY 9/11/99 thru 11/13/99 Fields #1 thru #8 Bob Jones Park 8/23/99 thru 11/12/99 Fields South of Parking Lot 8/23/99 thru 11/12/99 Carroll Elementary School 8/23/99 thru 11/12/99 Soccer Practice Area 8/23/99 thru 11/12/99 Johnson Elementary School 8/23/99 thru 11/12/99 Soccer Practice Area 8/23/99 thru 11/12/99 Carroll Intermediate School 8/23/99 thru 11/12/99 Practice area by bus bam 8/23/99 thru 11/12/99 Durham Elementary#1 &#2 8/23/99 thru 11/12/99 8/23/99 thru 11/12/99 Rev.Date 12/18/98 FACILITIES UTILIZATION AGREEMENT PAGE 13 OF 13 Print Date 12A8/98 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION 5h1"1S GSSA FIELD RESERVATION SCHEDULE SPRING t09 FIELD DATES TIME Bob Jones Park Soccer Fields#1-8 2/27-5/8 & 6/4-6/6 M-F 4pm-dark Sat. & Sun 8am-dark GAME FIELDS ONLY Bob Jones Park Soccer Fields 2/1-5/2& 6/4-6/6 M-F 4pm-dark South of Parking Lot Sat. & Sun. 8am-dark Carroll Elementary School Soccer 2/1-5/2 & 6/4-&6 M-F 4pm-dark Practice Area Sat. & Sun 8am-dark Johnson Elementary School Soccer 2/1-5/2 & 6/4-6/6 M-F 4pm-dark Practice Area Sat. & Sun 8am-dark Durham Elementary#1 & #2 2/1-5/2 & 6/4-6/6 M-F 4pm-dark Sat. & Sun Sam-dark Carroll Intermediate School 2/1-5/2 & 6/4-6/6 M-F 4pm-dark Practice Area by Bus Barn Sat. & Sun. 8am-dark GSSA FIELD RESERVATION SCHEDULE FALL 1999 FIELD DATES TINTE Bob Jones Park Soccer Fields #1-10 9/11-11/13 M-F 4pm-dark Sat. & Sun 8am-dark GAME FIELDS ONLY Bob Jones Park Soccer Fields 8/23-11/12 M-F 4pm-dark South of Parking Lot Sat. & Sun 8am-dark Carroll Elementary School Soccer 8/23-11/12 M-F 4pm-dark Practice Area Sat. & Sun 8am-dark Johnson Elementary School Soccer 8/23-11/12 M-F 4pm-dark Practice Area Sat. & Sun 8am-dark Durham Elementary#1 & #2 _ __ _ _8/23-11/12 _ M-F 4pm-dark Sat. & Sun 8am-dark Carr ntermediate School 8/23-11/12 M-F 4pm-dark Prate Area by Bus Barn Sat. & Sun. 8am-dark r City of Southlake, Texas MEMORANDUM December 23, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of bid to Smith Pump Company for the purchase of a pump and motor and authorize staff to proceed with the purchase of electrical switchgear for modifications to the Southlake/Keller Pump Station Action Requested: Staff requests the City Council to award the bid for the purchase of a pump and motor to modify the Southlake / Keller Pump Station. Staff also requests Council to authorize staff to proceed with the purchase of the electrical switchgear from a supplier that has the low quoted price. Background Information: There are currently 4 pumps operating at the Southlake / Keller Pump Station, which pump the water from the City of Fort Worth to Southlake and Keller. A total pumping capacity of 22 to 24 MGD was used on several occasions during the summer of 1998. In doing so, the existing pumps at the pump station were pumping above their design capacity. As Keller and Southlake water demands continue to increase, it is recommended that additional pumping capacity be added to the Southlake/Keller Pump Station. This can be accomplished by replacing the smallest 3-MGD pump with a 10-MGD pump. These pumps will be part of the distribution system that will eventually be maintained by the City of Fort Worth as part of the North East Tarrant County Regional Water System (NETCRWS). To expedite this expansion before the summer of 1999, it is necessary for the critical elements for the pump station modifications, which are the pump, motor, and electrical switchgear be prepurchased due to the lead- time required to manufacture the equipment. As can be seen from the bid tabulations, there were two bids received for the pump and motor. However, there were no bids received for the electrical switchgear. Freese & Nichols, Inc., the engineer for this project, contacted the manufacturer of the specified electrical equipment. Apparently there was some miscommunication between the manufacturer of the electrical equipment and the suppliers regarding the bid opening date and time. The manufacturer assured Freese & Nichols, Inc. that the city would receive at 51-1 f least two written quotes for the electrical switchgear. These quotes will be received before the January 5, 1999 City Council meeting to discuss further. Because the bidding process takes at least three weeks, it would not be feasible to re-bid the electrical switchgear and meet the completion deadline, which is the beginning of the summer when the water usage increases. Therefore, upon the receipt of the written quotes, staff is requesting Council to authorize the purchase of the electrical switchgear to the supplier with the low written quote, in lieu of re-bidding the electrical switchgear. The equipment installation contract will be advertised for bids beginning January 7, 1999 following Council approval. Financial Considerations: The estimated cost for the prepurchase items totals $105,000. The low bid for the pump and motor is $40,000 by Smith Pump Company, Inc. of Fort Worth, TX (see attached bid tabulation). This leaves $65,000 remaining of the $105,000 for the purchase of the electrical switchgear. The estimated cost for the electrical switchgear is anticipated to be $60,000. The prepurchase equipment cost will be funded from the 1998-1999 CIP budget. However, under our contract with the City of Keller, the costs associated with improvements to the water distribution system for Southlake and Keller from Fort Worth shall be incurred 50% from each city. The estimated cost for the installation of the prepurchase equipment is $195,000. The installation of the equipment will be advertised for bids beginning January 7, 1999 upon Council approval. Citizen Input/ Board Review: Not applicable Legal Review: City Attorney's have reviewed this unusual bid procedure and agreed for the City to proceed. No bids were received at the specified bid opening because of the emergency nature. Alternatives: An alternative is to award the bid and purchase the pump & motor from Smith Pump Company, Inc. and re-bid the electrical switchgear, knowing that the summer 1999 completion deadline will not be met. Therefore, the modifications to the pump station will be delayed until the fall or winter of 1999 when the water usage decreases. If the water demand continues to increase for the summer of 1999, the existing pumps will not be able to provide the capacity and water conservation measures will have to be initiated. ka.." 51-2 Supporting Documents: Bid tabulation for pump &motor Letter recommendation dated December 22, 1998 from Freese &Nichols Staff Recommendation: Staff recommends Council award the bid to Smith Pump Company, Inc. for the purchase of a pump and motor for modifications to the Southlake/ Keller Pump Station. Staff also requests Council to authorize staff to proceed with the purchase of the electrical switchgear from a supplier that has the low quoted price. Please place this item on the January 5, 1999 Regular City Council Agenda for City Council review and consideration. B W/sep Approved for Submittal to City Council: City Manager's Office 51-3 N Z m O3 � m n z ooin m A m m rvx m � m z � D C D (n n ; O � _ m � 3 j m D 9 z m - cnO O _ z Oppz v az m p o ; C O nor, z m � --4 z m v 5 : r' D Z � M � o v � ; D Z D O A z 3 m 0 r O m m tnz z D o O � m r n n o coz O z X r r Z O y r n O pv z ? Z z M nnv � � C, O a v zv 3k r zo Az m m °ao � ; 0 aog m � ° ' m 3 W Z 08 x � a co co o v m n b �c O OcnO p q n C O z0 � -+ o� oo r D CD ZN c -� xc) o3 Z N .91 z m myzz j O 000 � m 'a Xvo' ae 0 N N W go O J 4 Ca Z N 4A iR N Cr O co OD 0 OD V Of O 08 O O co O CC G � ;aC � � m p m Qa 2 i 3 N n �^ O °a 00 N 88 _ m My -ixOq � n -� mz o mm aZ m n3 O O °o. O 51-4 rM December 22, 1998 FREESE•NICHOLS Mr. Shawn Poe Capital Projects Coordinator City of Southlake 1950 E. Continental Blvd. Southlake, TX 76092 Re: Southlake/Keller Pump Station Prepurchase of Pumps and Motors SOL98473 Dear Mr. Poe: Bids were received on Monday,December 21, 1998 for the furnishing of Pumps,Motors, and Motor Control Center for the Southlake/Keller Pump Station.Two bidders submitted bids for the pumps and motors. Listed below are the bidders and the total amount bid for each bid re,_- ' :ed. Bidder Base Bid Smith Pump Company, Inc. $40,000.00 Oslin Nation Co. $82,400.00 Smith Pump's bid of$40,000.00 was the low bid submitted for the project. We have reviewed the bid proposal and have found it to be in compliance with the specifications. We have had successful experience with Smith Pump in the past. We believe that Smith Pump is capable offurnishing the pump and motor for this project and recommend that the contract,in the amount of$40,000.00 be awarded to Smith Pump. If you have any questions regarding this matter, please do no hesitate to contact us. Sincerely yours, FREESE AND NICHOLS, INC. Thomas Haster, P.E. Project Engineer 1S0L98473]Y:\ACH\PSAWARD.WPD Freese and Nichols, Inc. Engineers Environmental Scientists Architects 4055 International Plaza Suite 200 Fort Worth,Texas 76109-4895 817-735-7300 Fax 817-735-7491 51-5 City of Southlake,Texas MEMORANDUM December 23, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization to advertise for bids for the installation of a pump, motor, and electrical switchgear for modifications to the Southlake / Keller Pump Station Action Requested: Staff requests the City Council to authorize staff to advertise for bids from contractors to install a pump, motor, and electrical switchgear to modify the Southlake / Keller Pump Station. Background Information: Upon completion of the required water distribution appurtenances, the pump station where these improvements are proposed will be maintained by the City of Fort Worth as part of the North East Tarrant County Regional Water System (NETCRWS). Bids were received on the pump and motor. Staff has requested Council to proceed with the prepurchase of the pump and motor. Staff has also requested Council authorization to purchase the electrical switchgear from a supplier with the low written quote. Once the equipment has been purchased, it needs to be installed by a qualified contractor. Financial Considerations: The estimated cost for the installation of the prepurchase items is $195,000. The installation cost will be funded from the 1998-1999 CIP budget. However, under our contract with the City of Keller, the costs associated with improvements to the water distribution system for Southlake and Keller from Fort Worth shall be incurred 50% from each city. The total estimated cost for the installation and prepurchase of the equipment is $300,000. Citizen Input/ Board Review: Not applicable Legal Review: Not applicable Alternatives: The timing of the project is important to ensure that adequate pumping capacity to the City will be in place for the Summer of 1999. Therefore, 5J-1 delaying the installation of the pump, motor, and switchgear could result in mandatory water conservation measures to be initiated this summer. Supporting Documents: Not applicable Staff Recommendation: Staff recommends Council authorization to advertise for bids for the installation of a pump, motor, and electrical switchgear for modifications to the Southlake / Keller pump station. Please place this item on the January 5, 1999 Regular City Council Agenda for City Council review and consideration. i B W/sep Approved for Submittal to City Council: lkl- ti-ty&danager's Office 5J-2 City of Southlake, Texas STAFF REPORT December 31, 1998 CASE NO: ZA 98-134 PROJECT: Site Plan/Eckerd's STAFF CONTACT: Dennis Killough, Senior Current Planner,481-5581, ext. 787 REQUESTED ACTION: Site Plan for Tom Thumb Center on property legally described as Lot 3, and a portion of Lots 2 and 4, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1216, Plat Records, Tarrant County, Texas, and a 1.174 acre portion of Tract 1C2 situated in the L.B.G.Hall Survey,Abstract No. 686, and a Site Plan for Eckerd's on property legally described as Lots 5 and 6, Block 6, Diamond Circle Estates, an addition to the City of Southlake,Tarrant County, Texas, according to the plat recorded in Volume 388-181,Page 69,Plat Records,Tarrant County,Texas,and being approximately 9.386 total acres. AMENDED REQUEST: Site Plan for.the Eckerd's portion only, on property legally described as Lots 5 and 6, Block 6, Diamond Circle Estates, an addition to the City of Southlake,Tarrant County, Texas, according to the plat recorded in Volume 388-181, Page 69, Plat Records, Tarrant County, Texas being approximately 1.695 acres. PURPOSE: Obtain approval for new construction of a retail building on northeast corner of White Chapel Boulevard and F.M. 1709. LOCATION: The Eckerd's property is located on the northeast corner of the intersection of North White Chapel Boulevard and East Southlake Boulevard(F.M. 1709). OWNERS: EPIPD-Southlake No. 1, L.P. (Eckerd's site) APPLICANTS: Bury & Pittman -DFW, Inc. (Tom Thumb Center) and Michael F. Twichell, Inc. (Eckerd's site) CURRENT ZONING: "C-2" Local Retail Commercial District. LAND USE CATEGORY: Office Commercial (Eckerd's site) NO.NOTICES SENT: Thirteen(13) RESPONSES: One (1)response was received within the 200' notification area: A- City of Southlake, Texas • Robert Harvey Jr., 901 Emerald Blvd., Southlake, TX, opposed. "Several reasons opposed." See attached letter. (Received November 13, 1998). P&Z ACTION: November 19, 1998; Approved (5-2) subject to Site Plan Review Summary No. 1, dated November 13, 1998, amended as follows: Eckerd's Site 1) accepting on Item #4c the applicant's commitment to plant the required plantings on 1 or both sites; 2) delete item #6.d.5. requiring a right in/right out driveway intersecting N. White Chapel. 3) deleting Items#6.d.6(driveway spacing from an intersection) and # 6.d.7 (driveway intersecting a transition area) and requiring that driveway location be worked out with Dr. Wright; 4) reconfiguring the driveway at Eckerd's for Item #612 (stacking depth); 5) on Item#7 stating the applicant will work with Dr. Montoya and Randall Boyd regarding fencing and lighting; 6) accepting Item#14.a(50' front building setback) as shown; 7) on Item #19 accepting the applicant's commitment to add parapets to substantially cover all mechanical equipment; 8) accepting Item #25 as shown but also accepting the applicant's commitment to provide the additional bufferyard landscape enhancements to receive the additional 5% impervious coverage; 9) and accepting the applicant's commitment to maintain the landscaping indefinitely. Tom Thumb Site 1) deleting Item #3.a (parking and pavements within bufferyards)in its entirety; 2) modifying Item#4.b to reflect a corrected landscape parking island area of 13 s.f.; 3) accepting on Item #4c the applicant's commitment to plant the required plantings on 1 or both sites; 4) deleting Items#6.d.1,2,3,4, and 5; 5) deleting Items#6.d.6; 6) accepting Item#61.1 as shown; 7) deleting the screening wall requirement in Item #9.c but requiring more trees to be placed in the "Do Not Develop" area on the Tom Thumb site; 8) deleting Items #1 La, b and c (parking) but requiring the �R-2 City of Southlake, Texas developer to remove the City-owned transformer .in the northwest corner and requiring the developer to work with the Park Board regarding the parking issues; 9) accepting Item#14.a(50' front building setback) as shown; 10) deleting Item#16 (maximum 35' building height); 11) on Item #19 accepting the applicant's commitment to add parapets to substantially cover all mechanical equipment; 12) accepting Item #25 as shown but also accepting the applicant's commitment to provide the additional bufferyard landscape enhancements to receive the additional 5% impervious coverage; 13) and accepting the applicant's commitment to maintain the landscaping indefinitely. COUNCIL ACTION: December 1, 1998; Approved (7-0) on consent at the applicant's request to table and to continue the Public Hearing to the December 15, 1998, City Council meeting. December 15, 1998; Approved (5-0) on consent at the applicant's request to table and to continue the Public Hearing to the January 5, 1999, City Council meeting. STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1, dated November 13, 1998, with the exception of those in the attached Site Plan Review Summary No. 2, dated December 31, 1998. L:\COMDEV\WP-FELES\MEMO\98CASES\98-134SP.WPD ;ram 9A-3 ' • / it v' � I 1 %, FEW son MEN .-M! Bit,' RISE FIT ail zu NOW tT- pit Alm, MIN Val us r In��■�■�i Wks- TRACT A .�■■■■■�,�.. � 1R 2R 3R 4R 5R IEMERALD ' .• BLirD TR 1C1 i 1.0 AC I 1R 1R 1 TR 1C2 6.0 AC 2R I 2 C19 j�Q TE S D • ' IA� 1 �" 9 3R LL I B 8 6 C. COONS 8 L N0 N I "SF-1 A" g�65 ADD 7 � R. BOYD A�,�� Z CROSSROADS i MONTOYA SQUARE LTD. i C. GARRETT 5A ,1NC 6A 987 9A1 CROSSROADS if GCSW LTD. 3 SQUARE LTD. NO ;ZS s ,,• 22 58 STATE OF TEXAS rrO-1 a 9''`' STATE OF TEXAS 273 1 i2 10A 108 •HII�,KE BLVD w I W /� _ V Tf NS0 TR 1A G. LECHLER �-_ STATE OF TEXAS g[� �J A-2040 Q� U aO :a tics" JJ = TR 5G1 3 ' w $ .79 AC xN S 'B ,m G D ' 4Oro4 � 1� �r8 UL- TR 3M ADJACENT OWNERS TR 5F R 1.0 ACAND Z TR 5G ONING 9.5 AC 10 AC 1.♦ JV 1 m 1.0 AC h , fill L City of Southlake, Texas SITE PLAN REVIEW SIMIAARY Case No.: ZA 98-134 Review No: Two Date of Review: 12/31/98 Project Name: Site Plan- Eckerd's .Lots 5 and 6. Block 6. Diamond Circle Estate APPLICANT: ARCHITECT: Ewing North American Properties Twichell Architecture 14990 Landmark Boulevard STE 300 3624 Oak Lawn Ave. STE 3200 Dallas. TX 75240 Dallas.TX 75219 Phone : 972) 866-9555 Phone : (214) 521-3066 Fax : (972) 866-9888 Attn: John Maggiore Fax : (214)599-0583 Attn: Terry Clark CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/21/98 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. Correct the following it shown to be "Provided" in the bufferyard chart and interior landscape calculation chart: a. North Bufferyard requires 12 Canopy Trees. b. East Bufferyard requires a 10' Type `B', 146' in length with 3 Canopy Trees,4 Accent trees and 15 Shrubs. The applicant has requested a reduction in length due to the location of a common driveway. C. South bufferyard requires 313' of length. d. West bufferyard requires 266' of length and 21 Shrubs. e. Verify the "Provided"Landscape Area shown. It appears that additional landscape area has been provided on the plan and does not appear in the chart. 2. The following changes are needed with regard to driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a. A right-in/right-out drive is required for drives intersecting an arterial within 250' of the intersection with F.M. 1709. The proposed drive along N. White Chapel Blvd. is approximately 220 feet from this intersection. (P&ZAction 11119198 Delete) b. A minimum 500'spacing is required between the proposed driveway intersecting F.M. 1709 and the intersection of White Chapel Boulevard. This distance is measured from the drive centerline to the R.O.W. line. The provided spacing is approximately 327'. The applicant is proposing a common drive with the adjacent property owner to the east.(P&ZAction 11119198 Delete pending an agreement with adjacent landowner to the east.) -7 A, City of Southlake,Texas C. Provide a minimum stacking depth of 50'for each drive. The proposed drive on F.M. 1709 provides approximately 20' of stacking and the N. White Chapel Blvd. drive provides approximately 28'of stacking. (P&ZAction 11119198 Delete) 3. A minimum 10' screening wall is required to screen views of the loading dock from the adjacent residential property to the north and F.M. 1709. As proposed the loading area is open toward the residential property and may be visible from the higher elevations of the residential property and F.M. 1709 from the east. Additional wall height may be required due to topography. 4. Show the orientation, type and height of intended lighting. A number of light poles appear to be shown but are not labeled. Lighting must comply with standards of Ordinance 480, Sect. 43.13i. 5. No non-residential building above 20' in height may encroach in the area above a 4:1 slope line extending from any single-family residential property line. The rear of the proposed building encroaches above this line. 6. The southeast corner of the proposed building encroaches into the required 50'building setback line along F.M. 1709. Relocate or modify the structure as needed to comply with this requirement. 7. The following changes are needed with regard to building elevations: a. Switch the orientation labels for the"East"and"West"elevations. They are reversed. b. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c. on all facades. Compliance with the articulation requirements is as shown on the attached Articulation Evaluation Chart. 1�a d a City of Southlake,Texas * This plan is in compliance with the impervious coverage area. * 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 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,Impact,Tap and related Permit Fees. * A letter of permission and Common Access Easement from the adjacent property owner(s)must be obtained prior to issuance of a building permit for the construction or removal of off-site pavement. A permit from TxDOT is required for curb cut along F.M. 1709. * Denotes Informational Comment att: Articulation Evaluation Chart. cc: Ewing North American Properties VIA FAX ABOVE Twichell Architecture VIA FAX ABOVE _ Bury&Pittman VIA FAX: (972) 991-0278 Attn: Brett Blankenship David McMahan VIA FAX(817)481-4074 L:\COMDEV\WP-FlLES\REV\98\98134SP2.WPD ,..� ,?fiy„ ,�,- - �," .p s � � " z .•>ey= +�YG�'dx'�. ��. � dw�`�:? ts�s,-^� Articulation Evaluation No.2 Case No.ZA 98-134 Date of Evaluation: 12/31/98 W -levations for Ecker&s eived: 12/21/98 Left-facing: North Wall ht. = 25 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 75 48 -36% Yes Min.artic.offset 4 4 0% Yes 4 4 0% Yes Min.artic. length 5 18 260% Yes 19 48 153% Yes Right-facing South Wall ht.= 25 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 75 74 -1% Yes 75 26 -65% Yes Min.artic.offset 4 4 0% Yes 4 4 0% Yes Min.artic. length 19 26 37% Yes 8 21 163% Yes Front-facing: West Wall ht.= 25 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 75 34 -55% Yes 75 38 -49% Yes Min.artic. offset' 4 8 100% Yes CMiar n.artic. length 9 31 244% Yes 10 31 210% Yes -facing: East Wall ht.= 25 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 75 58 -23% Yes 75 58 -23% Yes Min.artic. offset 4 4 0% Yes 4 4 0% Yes Min.artic. length 15 26 73% Yes 15 26 73% Yes m i CY) Jill III V o !{� ! Iff man 13 � 6 ii •.,_ss. O i � i1 tat IF,!T#1�1 • its t' !Si • - goil " / gill ---- 1----------- —�— _------- LO..iwd llcllir-1'!'11 I1 • �- 31HM Ncl i - � tt AI ---- - -- —�----Y--------- 1 � ! I 1 �� mow• _ '',, //// ��//� �' ,� L ��y- 71 Al ----- --- - -- -- ---- - semi �.•::..•..L. 1 # gg 71 IIt dg8 sj1.16 d I No1 TITt!l1111 t �� IIIIIIIIII Oki, � I �b i —------------------- ao c) m . 4 lrowI am aw-m nLviQ3 #s, i j j! ---'�- 4 Pf lot p w•i� i _ .SQ-. i / 1 4 ---------'� in ArDYAdAY 37111M YJ 'GA-18.l3dVH3 UM •N 6 _ Jill _ di tillCY � C.I :19p".. it �t I i i i i i i � Z i $ — i �• i �. I t i t t T illll III S �j Wr- i i ' � o ttl t iital IIt11 W . IA.13 City of Southlake, Texas STAFF REPORT December 31, 1998 CASE NO: ZA 98-143 PROJECT: Revised Concept Plan/Dry Clean Super Center STAFF CONTACT: Dennis Killough, Senior Planner,481-5581, ext. 787 REQUESTED ACTION: Revised Concept Plan for Dry Clean Super Center on property legally described as Lot 5,Thomas Easter No. 474 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4123, Plat Records, Tarrant County, Texas, and being approximately 2.670 acres. PURPOSE: Revise existing Concept Plan to show two (2) buildings on two (2) lots. LOCATION: On the southeast corner of the intersection of East Southlake Boulevard(F.M. 1709) and Crooked Lane Boulevard. I ( OWNERS: Southlake Properties, Inc. APPLICANT: Kwik Industries, Inc. CURRENT ZONING: "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District uses and limited 1-1" Light Industrial District uses. LAND USE CATEGORY: Retail Commercial and 65 LDN Overlay Corridor NO.NOTICES SENT: Eight (8) RESPONSES: None P&Z ACTION: December 3, 1998;Due to Case Resolution No. 97-22,this case was not heard and was continued to December 17, 1998. December 17, 1998;Approved(5-2)subject to Concept Plan Review Summary No. 1,dated December 11, 1998, accepting Items#4a and #4b (driveway spacing) as shown; accepting the applicant's commitment to provide extra plants in the eastern"LS" strip shown on plan;and requiring a proportionate amount of escrowed funds for landscaping(approximately 40%)to be placed in the bufferyard along F.M. 1709 along with the required landscaping. City of South lake, Texas STAFF COMMENTS: The applicant has met all requirements listed Concept Plan Review Summary No. 1, dated December 11, 1998, with the exception of those in Concept Plan Review Summary No. 2, dated December 31, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-143CP.WPD Z�- Z TQ 3 atu x 1 n TR 4Icas 14.401 A[ TQ 514 n n a n a amu � � n n n ati `• na na a s% Im2p TR �b�� n A }� n n U5 h TR aAL TR TR ` �' TRUI TR 21 50 TR TR 222 to TR SB28 TR 58U x imIc TRc T.EASTER SIIRVEY A-458 1 Q�Q, TR TR 39 1' TR i % 1 10 Ac TR 21 TR 2A7Auk 2tl TR TR r u 1R31 C i rJ \1 Ing i �` TB RA TR l 1 �'� 7 k • I 1 TR UB 71 aA U k SLR Q QR 23 TH 3D TR TR 5A ` 61 k I TR 5 c fib Ic 1fl4 k TR al __ _ _ IS kCIF, - j IC �`• TR 3m TR 3 0 AC t ALV 12a k 0 k - 1 ' 11k gk i kL 1 Q\\%, T lie TRACT MAP 0k 143k naiC -- —7 — 3 I a i 2 OA �062 � _ C 7 8 9 10 11 12 13A 14 4 BU 13 .683 0 TRACT 6A .46 AC CT L"AG 'B TR 3 TR 3E2 9 ® TR 38 3 0 TR 3C 6.406 0 TRACT 6A1 5.263 AC 1.61 AC TR 6AIA : C. SMITH C. SMITH C. YATES 'S C-1 /+" ,1 w 1/ TR 381 CT 6A2 r /'1 N 11 S C_l A N 054 0 .0 5 0 f /`1 "AG" STATE OF TEXAS "S-P-tit souTHLho BLVD E STATE OF TEXAS J. DEMLOW N A G11 STATE OF TEXAS 9c �1 c�0 SOUTHLAKE J. GREGORY 1R1 Q CORNERSTONE G BUSINESS 197 SOUTHLAKE PARK CORNERSTONE BUSINESS PARK SOUTHLAKE SHURGARD TEXAS CORNERSTONE J. STACY LIMITED PRTN BUSINESS 2 TR 11 A -- 7 11 PARK "S_P_2" NS-P-1 11 5 4 3 ADJACENT 9WNERS AND Z NlNG 5 6 S � axe _ At roNaiYvr ..1:^ O— cr gl3�eei s - .ocx cce 4 7 a -iWi101G�77G I y( Y L1J Z I P Ate: I I J 17 ( W cl a��; I;? a - t 1 - I� a■.r ar■.n --��. '�'a'alO1C J1�5 r-?„� P.r �'a■Al is ti i �`g�!!i I ' -7 �- 5 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 98-143 Review No: Two Date of Review: 12/31/'98 Project Name: Revised Concept Plan-Dry Clean Super Center Lot 5 Thomas Easter Addition No 474 being 2.67 acres APPLICANT: ENGINEER: Caddy Propga Management Kwik Industries . Inc. 2834 Market Loop. STE 100 4725 Wall Road Southlake, TX 76092 Dallas TX 75244 Phone: (817) 329-1635 Phone: (972) 458-9761 Fax: (817) 488-7205 Max Krugler Fax. (972)458-0948 Attn: Sid Hollingsworth CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/21/98 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 EDWARD MC ROY AT(817)481-5581,EXT.880. 1. Change the lot numbers to match the plat currently in process (Lots 5R1 and 5R2). 2. Properties shown on the north side of Southlake Blvd. have been rezoned to"S-P-2". Please correct the zoning shown and note the-properties as"approved Concept Plan- Gateway Plaza".Also correct the driveway location shown for Gateway Plaza.It is approximately 110'east of the location currently shown. 3. The following changes are needed with regard to drives accessing this site. a. A minimum spacing of 500' is required between a driveway centerline and the R.O.W. of a street intersection. The proposed right in/ right out drive is approximately 187' from the R.O.W. line of Crooked Lane. This driveway was approved at a 200' spacing from Crooked Lane on the previous Concept Plan. (P& Z Recommendation: allow as shown) b. A minimum spacing of 250'is required between the existing east driveway and the proposed right-in/right-out driveway.The provided spacing is approximately 245'.The spacing between these drives was approved at approximately 225' on the previous Concept Plan. (P & Z Recommendation: allow as shown) * The existing common access easement for the western drive will require adjustment on the Plat Revision currently in process. 4. The following changes are needed with regard to bufferyards: a. Label the existing offsite 10' Type 17-1 Bufferyard located along the north side of Lot 4,T. Easter No 474 Addition(Shurgard).Delete the note"no Bufferyard required". City of Southlake, Texas b. Delete the Bufferyard and Interior Landscape Charts.Charts will be required on the site plan. and must be provided for each lot. Correct the west bufferyard of Lot 6 to a 10' Type `B' Bufferyard. * The approved site plan for Lot 4 (Shurgard) allowed for the elimination of a 10' Type "Fl" bufferyard along its west lot line the common to the proposed Lot 5R. The plant material for bufferyard required to be placed within bufferyard of this site along F.M. 1709. Since this site had not been constructed and to avoid damage to the plants during construction of this site., the cost of these plantings has been placed in an escrow account to be disbursed to the owner upon installation of the materials. Contact the Landscape Administrator regarding the details of these bufferyard plantings and the impact on this site. (P & Z recommendation: a proportionate amount of escrowed funds for landscaping to be placed in the bufferyard along F.M. 1709 along with the required landscapingfor each lot.) P & Z Recommendation: December 17, 1998, Approved (5-2) subject to Concept Plan Review Summary No. 1, dated December 11, 1998, amended as noted above in addition to the following: accepting the applicants commitment to provide extra plants in the eastern "LS"strip shown on plan. * The maximum allowable impervious coverage within a C-2 district is 70%. This concept plan shows the proposed eastern lot (Lot 5Rl) with approximately 69.5% of impervious coverage and the proposed western lot(Lot 6)with approximately 64.2%impervious coverage. Compliance with the impervious coverage requirement must be demonstrated on the future site plan for both of these lots. * Although no dimensions are included within this concept plan staff is concerned that the right-in/right- out common drive shown within the westernmost lot does not comply with the required geometry for such a drive. Please contact Public Works for assistance in the final layout for this drive. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a site plan must be approved by the Planning and Zoning Commission and City Council,a fully corrected site plan along with a landscape plan, irrigation plan, and building plans,must be submitted to the Building Department for approval and all required fees must be paid. This may include but not be limited to the following fees: Park, Impact, Tap, and related Permit Fees. * It appears that this property lies within the 65'LDN D/F W Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No.479. * This review is based on the "C2" Zoning District Regulations. -1g- � City of Southlake,Texas * This site falls within the applicability of the Corridor Overlay Zone. Although no review of the following issues is provided with this concept plan,the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. 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§43.13a,Ordinance 480,as amended and Masonry Ordinance No. 557,as amended. • Roof design standards per § 43.13b, Ordinance 480, as amended • Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended. • Vertical and horizontal building articulation(required on all building facades)per §43.13d, Ordinance 480, as amended. • Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480,as amended. • Spill-over lighting and noise per §43.13i and §43.13j, 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. • Screening as per§39.4, Ordinance 480, as amended. • Interior landscaping per Landscape Ordinance No. 544. • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment cc: Caddy Property Management VIA FAX ABOVE Kwik Industries ,Inc. VIA FAX ABOVE JDJR Engineers and Consultants,Inc VIA FAX(972)252-8860 Southlake Properties,Inc. VIA FAX(817)488-2420 L:\COMDMWP-FQ.ES\REV\98V8143CP2.WPD City of Southlake.Texas TREE PRESERVATION ANALYSIS (NON-RESIDENTIAL DEVELOPMENT) Case: 98-143 Date of Review: 11-18-98 Number of Pages: 1 Project Name: Dry Clean Super Center(Concept Plan/Tree Survey) OWNER: PREPARED BY: Caddy Property Management,L.L.C. JDJR Engineers&Consultants,Inc. 2834 Market Loop, Suite 100 2505 Texas Drive, Suite 109 Southlake,TX 76092 Irving, TX 75062 Phone: Phone: Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT(817)481-5581 EXT.848. TREE PRESERVATION COMMENTS: 1. The applicant has made an attempt to preserve four(4) of the eleven(11) existing trees on the site. These four trees are located in the North bufferyard area. The other seven(7)trees are located within the interior of the development and are proposed to be removed for the construction of the access drives and buildings. 2. The 30"Oak proposed to remain next to the five(5)parking spaces in front of the development is actually a Cedar Elm. The 8"Elm growing next to it is a Pecan and the 20"pecan to the West along the R.O.W. is a Pine. The two Oaks along the South portion of the West property line are Cedar Elms. The remainder of the trees are identified correctly. 3. To save the 30"Oak(Cedar Elm)properly sufficient area needs to be provided for its root system. It is not very healthy and has a lot of dead limbs in it,which indicates it is in decline. If any of its root system is destroyed it will cause more stress and the tree will decline even more or possibly die. 4. An alternative design could be considered to preserve the 18"Pine in the middle of the drive in Lot A. It has a wound on the south side of it from a backhoe which filled in an abandoned well close to the tree. Despite the wound the tree is in good condition. * All area within the public R.O.W.,public utility or drainage easements as shown on an approved Final Plat and the fire lanes,required parking areas and area within six feet(6')of the building foundation as shown on an approved Site Plan shall be exempt from the tree protection and replacement requirements specified in the Tree Preservation Ordinance 585-A. TREE PRESERVATION ANALYSIS Case: 98-143 Page 2 BUILDING INSPECTIONS L:trees/dre-98/98-143 City of Southlake,Texas * All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this lot. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-A. BUILDING INSPECTIONS L:treestdre-98/98-143 wMwaa[►�.wew��orw.Mr 110101iCIR1044C 77gIlOD ® .....ems 'ra�•ww 7G11m7O111CM10DA10 8H I N M .� °� C.)Wp t/��COYpy� �� ''� �[,j n=37 NNyyj��♦ SRI!! Is gzg� N F tali 0 FO ' � z CSW Z OO.JO J.Wy�mlN M(60Z 0 �'b-n3�48 3>IblH +r , ;cos ass ^N w ' it ! �� ' $ ■ i ,N IMP�! Al `J VVV s � i 0 i . rally (Its 9 i ' ArM ! ----------------_-------------------- OPM - � ;. litSi� l7rel � ------------------- ------------------- ------------------ . iiii _ _ � � • ii S ----------------------------- IL : r — — _ — lir 0--- - - - - - - - - r � svxat 'Jpntiunos a '— t+ougov *it � " a ; g e Z t 11g 52 52 �9 Z 60,11 �noe 3)lei�unos I � � I I I � I I I 1 I g I I a t I I I �� r■■s u ii u , • ii •11■■1 u u :3 a City of Southlake, Texas i k STAFF REPORT December 31, 1998 CASE NO: ZA 98-142 PROJECT: Plat Revision / Lots 5111 & 5112. Thomas Easter No. 474 Addition STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lots 5R1 and 5R2. Thomas Easter No. 474 Addition, being a revision of Lot 5, Thomas Easter No. 474 Addition, an addition to the City of Southlake, Tarrant County. j Texas, according to the plat recorded in Cabinet A, Slide 4123, Plat Records, Tarrant County, Texas, and being approximately 2.670 acres. PURPOSE: To subdivide a single lot into two lots. i LOCATION: On the southeast corner of the intersection of East Southlake Boulevard (F.M. 1709) and Crooked Lane Boulevard. OWNERS: Southlake Properties, Inc. APPLICANT: Caddy Property Management Ent.. LLC CURRENT ZONING: "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District uses and limited "I-1" Light Industrial District uses. LAND USE CATEGORY: Retail Commercial and 65 LDN Overlay Corridor NO. NOTICES SENT: Two (2) ' RESPONSES: None P&Z ACTION: December 3. 1998; Due to Case Resolution No. 97-22, this case was not heard and was continued to December 17, 1998. December 17, 1998; Approved (6-0-1) subject to Plat Review Summary No. 1, dated December 11. 1998. STAFF COMMENTS: The applicant has met the requirements listed in Plat Review Summary No. 1, dated December 11, 1998, with the exception of those in Plat Review Summary No. 2, dated December 31, 1998. j -7C, I 713 59 TR , �. �. 64ll TR TR 5AS - 41C n$ Ilan n n It Ti 2 14.404 AC TR 514 n" n s n Ilan n a TR 28? 605 1C , Ila na R 2P 4.0 AC 1— TB TR%4 TR TR ZA ::s Ac TR 3A1 �`\l TR 1R 582D - TR TR W! TR IR TR TR 5828 TR SRZA TR IB \ 7 5s�AC m T.EASTER E. 851 AC SURVEY A-458 �GTR 23A k 55 k Sh ' S.Zi a I TR TR 2 J i . A 16Z6 ac rR ZA � _A-- 2AZA w Te IR Q i TR TR IC TP.3A TR u TR ID , 96 �ti TB llA � � G ado\ TR UB T k • TR 3A M k SUR Q 4� TR 3 TR 3D ' TR TR S 71t 5A 61 lc 6.6 Ac J I I6.4 k TR 6B1 11 TR I �F _ kc 615 AC JC ' ALC ' Hit TRIBIA ` -a---�---- g k x, , TRACT MAP 1661e IU k it Mc 4C - 77/� � 2, TRIB B - -- l' �; v a 9A r a7 8 10 � 11 T21 144.683 U�1.3 TRACT 6A .46 AC � RACT Y IEO i 76 �A I TRACT 68 TR 3 TR 3E \, TR 38 1. 2.90 3 ® TR3C 6.4060 5.263 AC TRACT 6A1 1.61 AC TR 6AtA TR 381 [TUCT 6A2 .054 5 TR 2A1C 1.237 ® S—P—2�� BLVD SouTx1�KE E STATE OF TEXAS TR 2A1 18 .598 ® %bb 2.493 ® 9c� 49 �p 1A 1R1 Gp TR 2 TR 3A 1.558 AC .84 ® 1117 TR 2C 414 SHURGARD TEXAS LIMITED PRTN 2 TR 11A TR 118 „S+ „ 7 AC 3.857 AC �—(p"-2 5 4 3 ADJACENT OWNERS AND ZONING 5 6 Ic-3 I J O of d" E—A E—► x Lr) �Z ocn It �' E_, a �� q 1( [ 1 III I 11 i �1,+ [ ll I � 1 ! a J,) 1 , [ ]• �# c � �J I .li�i ,�1 �t { •a �.t] � Z _ l31;j]t; 'f�l: ,i'�ifi at J]i' J ��Es� yl]!]� ]J_ �ltilJp �- ``� i I• #[l1?• j F[� H P,i , }4j1 s!, li, 1 _i �.i-! ► r i,, A — jp :#a,(;�$ � ;t�lf p;(j'-pp•�•{�!i -, 1� 'jj liii!Illlr I� jE;�;]i�[ i dt !r 1 �E s, ';1 i � T Il[ I� i 1 a'Ili' I �f Ill1.�� 8� ; 0 I 7 uw A Ix � 1oil] alai rJ�(,IEi1�1ja # 1!,1 ! �� i� i;p� /J•� Jill li, lit JillCL CL ------------ P w 'i ' 0 W I. ' ••�-�=� it:a; J! Y ] 1 a j i d E i Wsi� a k is _ 1�16 s g i .?f :�a,. � Sri` � �g � '];► �� 3 s Z �i City of Southlake, Texas PLAT REVIEW SUMMARY %ase No: ZA 98-142 Review No: Two Date of Review: 12/31/98 Project Name: Plat Revision, - Lots 5R1 and 5R2.Thomas Easter No. 474 Addition,being a revision of Lot 5,Thomas Easter No. 474 Addition. beiniz 2.67 acres out of the Thomas Easter Survey, Abstract No 474 APPLICANT: SURVEYOR: Caddy Property Management JDJR Engineers and Consultants. Inc. 2834 Market Loop. STE 100 2505 Texas Drive, STE 109 Southlake. TX 76092 Irving. TX 75062 Phone: (817) 329-1635 Phone: (972) 252-5357 Fax: 817) 488-7205 Max Krugler Fax: (972) 273-8860 Attn: James Dewev CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/21/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MC ROY AT(817)481-5581,EXT.880. 1. In conformance with standard city nomenclature renumber the shown Lot 5R to "Lot 5R1" and the shown Lot 6 to"Lot 5R2". Ensure this change is reflected in the title, legal description and dedication. In addition remove the "Block 1" Designation. This plat was originally created through a "plat showing"which does not require block numbers. 2. Provide the deed record (volume and page) for the current owner in the preamble. Label deed information(Vol. &Pg.) for the tract located at the southwest corner of the intersection of Crooked Lane and F.M. 1709 and for the tract adjacent to the west line of the shown Lot 6. 4. Provide common access easements in accordance with the approved Concept Plan or Site Plan. (No. 483-3.07-E) It appears that the revised concept plan currently in process, requires relocation and/or additional C.A.E. width. 5. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. 6. Change the prior plat reference from PRTCT to PRTCT in the title block. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. i L:\COMDEV\WP-FILES\REV\98\98142PR2.WPD (^" Page 1 v�S City of Southlake, Texas * A Developer's Agreement may be required prior to any construction. The Developer's Agreement for this addition should consider streets,drainage,park dedication requirements,off-site sewer extensions, and off-site drainage and utility easements. * Denotes Informational Comment cc: Caddy Property Management VIA FAX ABOVE JDJR Engineers and Consultants, Inc VIA FAX ABOVE Southlake Properties, Inc. VIA FAX (817) 488-2420 i i I i I i i i I I I i - I L:\COMDEV\WP-FILES\REV\98\98142PR2.WP0 Page 2 i i rn lit Lc" J iY;j IEa ieff :_ i : ; ; • I z N _ .. ID .3!• a ; �i7Z =1i°� I `;? i jt fE d f I i� i "r fe C '3df- �'36 Eli" 3i€i o lit 3" ;e ivy 3� i ..Y 1 , < 35 i3 • -� `) 3y? ,,Y � 31 �3ia �� : I �� 1 • fatits sx I'll la fuli 8b3 3 � x ir� fi3 � '.�, 3yy (§§ a �J. f $ilp,Ee�t(iE" ;a E a i11;sj f tl! E �. P 17 ,�;fii.#� ■`F�� Zi RM ie iit� ;< �ci oai +41 +tea �� Cf A. Z" z Z ~ < i sy: Q o a \ , o�.l�j of (ry`♦M_ P U P W < m ,.Blum �Ib'60L •w•�� Q ;x , - n31n08 3 lb—— -- `° m o c a o m f 0 v W if I 7 '`x I I < W—RI— I J e dish .=1 ' i'-�')�.dc�--- I O y W r R I I fas:9s I J W C nl g 9 w5 I is � NWZW G a am e 33 Jn�_ oaf W ------ F^ s I 1 Sri I I . i I ?# I y _3s I Agbe„W uWTd -s I o8 -g C- s := a City of Southlake, Texas MEMORANDUM December 30, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance 730, 2" Reading, Amending Chapter 18, Article III, Section 18-80, of the Southlake City Code, to include a portion of North White Chapel Boulevard adjacent to Carroll Junior High School, as a designated school zone Action Requested: Staff requests the City Council to approve Ordinance 730, amending Section 18-80 of the Southlake City Code, to include a portion of North White Chapel Boulevard as a designated school zone at Carroll Junior High School. Background Information: Carroll Independent School District will open the new Carroll Junior High School on January 4, 1999. As the only access to the school is off North White Chapel Boulevard, a school zone has been requested. Southlake City Code, Chapter 18, Article III, Section 18-81 Revision of limits; procedure states: "The speed limits, as established in this article, may be revised from time to time by ordinance adopted by the city council." Therefore, the attached ordinance provides for a school zone on North White Chapel Boulevard for the Carroll Junior High School. Because of the anticipated new traffic patterns during the first two weeks of the new school opening, Department of Public Safety and Department of Public Works personnel will monitor the vehicle traffic and pedestrian traffic in order to prepare any additional traffic control necessary for the area. During the reconstruction to add a third lane to North White Chapel Boulevard, the street surface was painted with two pedestrian crosswalks, at Ascot Drive and at Chapel Downs Drive. Public Works will install the appropriate school crossing signage at these two crosswalks. 7D-1 Financial Considerations: Council will recall that two additional "flashing lights" were purchased for replacements. Staff would utilize those two lights for Carroll Junior High School and order two more for spares at a cost of$4,000. Citizen Input/ Board Review: Not applicable Legal Review: Wayne Olson, City Attorney reviewed this ordinance Alternatives: Not applicable Supporting Documents: Ordinance 730 Exhibit Map Staff Recommendation: Upon approval of Ordinance 730, the school zone will be established on North White Chapel Boulevard for the Carroll Junior High School. L W/tjh Approved for Submittal to City Council: ity anager's Office 7D-2 ORDINANCE NO. 730 AN ORDINANCE AMEN DING SECTION 18-80 OF THE SOUTHLAKE CITY CODE BY ADDING A PROVISION ESTABLISHING THE SPEED LIMIT FOR THE SCHOOL CROSSING AT CARROLL JUNIOR HIGH SCHOOL; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS,pursuant to Section 545.356 of the Texas Transportation Code,the City of Southlake, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways; and WHEREAS,the city council of the City of Southlake recognizes that it is necessary to regulate traffic near schools to promote the safety of children going to or from school; and WHEREAS,the city council of the City of Southlake deems it necessary to provide a reduced speed limit for a period of time that is of sufficient length to protect children going to and from school; and WHEREAS,the Director of Public Safety and Director of Public Works have conducted an engineering and traffic investigation to determine reasonable and safe prima facie speed limit for all school zones; and WHEREAS,the results of the engineering and traffic investigation indicate the need to alter the prima facie speed limits listed in Section 545.352 of the Texas Transportation Code. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 7D-3 F SECTION 1. - ode is hereby amended b adding the That Section 18 80 of the Southlake City C y y g following underlined provision to the existing table in Section 18-80: School Crossing Zone Street Speed Limit Carroll Junior High School 600 Block N. White Chapel Boulevard 20 Through 1100 Block N. White Chapel Boulevard SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence,paragraph or section of this ordinance shall be declared (Moe unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 642, as amended, or any other ordinances affecting prima facie speed limits on roadways within the city limits that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal,whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 7D-4 SECTION 6. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1999. MAYOR 7D-5 ATTEST: CITY SECRETARY EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney 7D-6 West Highland St. - East Highland St. . City School Zone Flashing Light of Southlake m 'Ascot Dr. 3 z West Chapel Downs Dr. _ East Chapel Downs Dr. ' School Zone Flashing Light ht Mission Dr. ProSan p os ed Saba No Scale School Zone Carroll Jr.1ri Emerald Blvd. West Southlake Blvd. -- East Southlake Blvd. �+an•�.. eil 713-7 Public%brks-GIS City of Southlake, Texas STAFF REPORT December 31, 1998 CASE NO: ZA 98-130 PROJECT: Ordinance No. 480-294/First Reading/ Rezoning and Concept Plan-Harris Methodist Southlake 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 a portion of Lot 1, Block 1, Gorbutt Addition, an addition to the City of Southlake, Tarrant County,Texas,according to the plat recorded in Volume 388- 156, Page 12, Plat Records, Tarrant County, Texas, and being approximately 6.0 acres. A Concept Plan for Harris Methodist Southlake will be considered with this request. PURPOSE: Zoning and Concept Plan approval required for development. LOCATION: On the south side of East Southlake Boulevard (F.M. 1709) approximately 550'west of Miron Drive. OWNER: Harris Methodist HEB APPLICANT: PageSoutherlandPage CURRENT ZONING: "O-l" Office District REQUESTED ZONING: "S-P-2" Generalized Site Plan District with"O-l" Office District uses and the "C-2" Local Retail Commercial District use of ambulatory surgery, imaging center, and associated services. LAND USE CATEGORY: Office Commercial NO.NOTICES SENT: Seven(7) RESPONSES: One (1)response was received within the 200' notification area: • Martin Schelling, 601 W Wall, Grapevine, TX, in favor. "I believe its a good use for the property and will be a positive addition to the City of Southlake. (Received November 30, 1998). SA -I City of Southlake, Texas P&Z ACTION: November 19, 1998;Approved(7-0)at the applicant's request to table and to continue the Public Hearing to the December 3, 1998,Planning and Zoning Commission meeting. December 3, 1998;Approved(6-1)the applicant's request to table to the December 17, 1998,Planning and Zoning Commission meeting and placing this item on the consent agenda. (The Public Hearing was closed.) December 17, 1998; Approved(7-0) subject to Concept Plan Review Summary No. 2, dated December 11, 1998, stipulating there would be no overnight stay allowed; accepting the parking ratios as proposed; and listing the requested zoning as "S-P-2" Generalized Site Plan District with 110-1" Office District uses and the "C-2" Local Retail Commercial District use ("C-3"as stated in the meeting was incorrect) of ambulatory surgery, imaging center, and associated services. STAFF COMMENTS: The applicant has met all requirements in Concept Plan Review Summary No. 1, dated November 25, 1998, and Concept Plan Review Summary No. 2, dated December 11, 1998, with the exception of those in Concept Plan Review Summary No. 3, dated December 31, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-130ZC.WPD il �� lmmm i �r�•Jr� 1 �. prp,� 1 Oils , MIA - ��p� am ic T NAHA SURVEY A-11t �■ . y m IWOfloss . •� ►�I� �\III/I//�-��GI►�� _,� OFA c ,I„ A NO I,,,,,��w■■C- ■ lass WINE sill ALM WK Von �. .4d , -lam c �i��■ �� i: i�3��_ ,: _ -SOUTHIAKE C. PETERKA EA VENTURE EAST, R.SURDV R SURVEY 481TR 2A L.P. "N R PU D" 46.018 AC A—4 A-48 TAT OFT STATE OF TEXA .85 SP-2 2A 1.522 AC P. E. TAYLOR BURTON M. DALTON » 7A "SP-21' to M. SCHELLING AC .622 4R r�4.823 @ _. 11(1JP-21' ^(0 .GU CITY OF PN SMOCK & HUSSEINI, J.V. EEM SOUTHLAKE 3R5 , .50 � � .924 !` 1 'ICS11 Sv,529 P la! ut I11 103 Mt 74 a im /,/ IU- __ i ,.r R 21 8 9 i 10 � r 1 f 16 13 lal 103 1*3 m WESTMONT CT 41 71 117 117 117 /t ./ >m 120 120 10/ 32 31 8 30 29 Y 28 f(' �4 a 8 s 9 = 10 33 7 11 _ $ Al 34 b A 1/ /,� „ 117 6 0 107 10 so_ to 11 ly III 170 11 In i t z R E 12 3. K 37 ., 38 39 40 41 .+ + 15 = 14 13 36 .• S 16 to , na b ADJACENT OWNERS FOREST HILLS CT 7-61550 s IU /u 17 AND ZO ING 18 56f(s Y ..56 �A q Z 53 Q 52 1 49 = 48 City of Southlake, Texas CONCEPT PLAN REVIEW S1UMMIARY Case No: Z,A 98-130 Review No: Three Date of Review-12131N8 Project Name: Concept Plan, Harris Methodist Southlake being Mrox 6 acres in the J. A Freeman Survey. Abstract No 529 and a pgrtion of Lot 1 Block 1 Gorbutt Addition APPLICANT: ENGINEER: Harris Methodist HEB Page Southerland Page 1600 Hospital Parkway 350 Maple Avenue_ STE 700 Bedford,TX 76022 Dallas_ TX 76022 Phone: (817) 685-4600 Phone•(214) 522-3900 Fax: (817) 685-4890 Attn: Jack McCabe Fax: 214) 522-4380 Attn: Ernesto Liebrecht CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/21/98 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 EDWARD MCROY AT(817)481-5581,EXT.880. 1. The zoning Ordinance requires eight parking spaces to be provided for the first 1,000 square feet of floor area and an additional space for each 150 square feet of floor area thereafter. The applicant has proposed a parking ratio of 1 parking space per 200 square feet of building floor area. (P&ZAction 12117198-.Allow parking as shown) 2. Show adjacent street in accordance with the Plat Revision as approved by the City Council. Please note that a cul-de-sac or temporary turnaround constructed within the boundary of this concept plan will affect the impervious coverage of the site. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a site plan must be approved by the Planning and Zoning Commission and City Council,and a fully corrected site plan submitted to the Building Department along with landscape plan, irrigation plan,building plans,and all required fees. Required fees may include but not be limited to the following fees: Park Fee,Impact Fees,Tap Fees, and related Permit Fees. * This review is based on the "0-1" Zoning District Regulations. * Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements. • Vertical and horizontal building articulation (required on the north, east, south, and west building facades)per§43.9C 1 e, Ordinance 480,as amended. gA ' �9 - City of Southiake,Texas • Masonry requirements per§43.9C 1 a,Ordinance 480,as amended and Masonry Ordinance No. 557. • Interior landscaping per Landscape Ordinance No. 544 and §43.90 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.90h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • Residential adjacency standards per§43.11 and Exhibit 43-E on Page 43-15, Ordinance 480, as amended. • Spill-over lighting and noise per§43.12,Ordinance 480, as amended. • 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: Harris Methodist HEB VIA FAX ABOVE Page Southerland Page . VIA FAX ABOVE Wier&Associates VIA FAX(817)467-7713 AM: John Wier L:\COMDEV\WP-FILESWXV\98\98130CP3.WPD City of Southlake,Texas TREE PRESERVATIONANAL.YSIS (Non-Residential Development) Case No: 7A 98-130 evision) Date of Review: 12- 11 -98 Number of Pages: 1 Project Name: Harris Methodist Southlake(Concept Plan Re 'sion/Resubmittal) APPLICANT: ENGINEERS/PLANNERS: Harris Methodist HEB Page, Southerland and Page 1600 Hospital Parkway 3500 Maple Avenue Bedford, TX Dallas,TX 75219 Phone: (817)6854000 Phone: (214) 522-3900 Fax: (817)6854890 Fax: (214) 5224380 THIS ANALYSIS IS PREPARED AT THE TINE OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEIT 4 MARTIN, LANDSCAPE ADMINISTRATOR AT(817)481-5581 EXT.848. TREE PRESERVATION COM MNTS: -By deleting the extra parking spaces in the southwest portion of the future parking lot the applicant has provided a more sufficient area to provided for existing trees. This area may also be used to provided a park like area. Grading is still an issue. If the trees in this area are intended to be preserved no grade changes can occur within the area. The larger area helps reduce the possibility of having to construct retention walls to provide for the area. * All area within Public R.O.W.,public utility or drainage easements as shown on an approved Final Plat, and the fire lanes,required parking areas and areas within six feet(6')of the building foundation as shown on an approved Site Plan shall be exempt from the tree protection and replacement requirements specified in the Tree Preservation Ordinance 585-A. * All protected trees within 20' of any construction occurring shall be fenced of at the outer limits of the dripline of the tree/s.No vehicle traffic and no grade changes shall occur within area of the critical root zone of any protected tree.No construction equipment or debris shall be deposited within the area of the critical root zone of any protected tree. * All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this lot. Please be aware of the penalties of not applying the tree preservation methods required by the Tree Preservation Ordinance 585-A. BUILDING INSPECTIONS ' Laees/&08/98-130 Bid - 7 06 Una L)i .. - _ WN h so) 00 Q IL f" X �< •P r q $ � O 0 0 LLJ "[da «« t < > W w �5•W go; yy i MOD 1pyVZ C1 O =�WNb: W 14— N �J W fl 3. z d Q p i vivayy,� ��"`�j�� y�� a'�ii � 1oJ � � �j �$ � W 'p al�y■t��'�!� WQ<N F F W J d� w $��l[t �' NV • • y W vi Z=0O �71w <� 2°1� Z w 5. J d W^ J ZZ W w ON 2 � I�� _�Y. 6 I �� cNi��t•� 0�1 0�t W `\ w I � � L :'::': • ,� �\• f •__�•�•+ • :•.�1�'�'1.`f to i •^ iW � 1 — •1. >�`�*,.y�: K,+ . 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I{ f .._.�»r:xx-.,....m.........:.m.:.....xa,.r.�.......x«.x.....mm........r+wnwm_,�s•;!�..� eememKirwmmrmnu.!:!x�rnm!!r—!rwmnms. YW• rt i 22 all 21; 1 i' =fir s •tl ' �! �! \' i i i3 1 1 *; , ''.,. .a `,�1, a . .titp?? 1� t `i ! •� ••i�t'. I ' 1 I' ' �• '+ �..�`` ``` \�`.�`\`�� : �i+ � -�`•}`��,'��'-law, y� � t 1 '♦�f.+�. +t' �� ;i' --�+,_y T\ `` .;`. f`. `b •��1 '.3.j`tiC't``;��T`_''- 3x \ n 'r "'j.i'• �"• i♦;_-___�� ^�.•�``;j� ,,' •t C ,`.t \+ �+' '�' ,h. mac---- -fit.` �.=•r��` � ••�-t�� 'f'L i"•� s 94 j � ^^ \1. 1 , • r / F _ •� ,� ^_� -- _ ,i ' ,' F �_-- ``�t _ • � eyr. ir 00'i NJ T , 1 r r �� ` fit--- r A!t'�•- lY ss•AIt•»• +NOlV/0'3'M IN"""I Ifi 7 � ii p ■ ��3 !'�� e _rk' a ��= J !i oltt•ru na+au —1 C7 CITY OF SO UTHLAKE, TEXAS ORDINANCE NO. 480= 94 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTIOYOF LOT 1,-BH 1 GORBUTT ADDITION,AN ADDITIOI�I>TO THE CI SOUTHLAKE,'TARRANT COUNTY,TEXAS,ACCOIHItO TO THE PLAT RECORDED IN VOLUME 388-156,PAGl12 PLAT,,,,RECORDS TARRANT COUNT,TEXAS,AND �I APPRQXIMATELY 6 0 ACRES, AND MORE FULLY AND a..7 . COMPLETELY DESCRIBED IN EXHIBIT "A" FROM '!, OFFICR DISTRICT TO'"S-P 2" GEtERALIZED SITT PI DISTRICT WITH"0-1"OFFICE DISTRICT USES AND "C 2":"LOCAL RETAIL COMMERCIAL'°DISTRIC� OF AMBULATORY SURGERY, IMAGING'CENTER,7AND ASSOCIATED _ :SERVICES., "AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the LICMDOMORMCASM490.2W.WPD Page 1 SA - it authority to adopt a comprehensive zoning orditiance 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 "0-17"O ce i trio under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, L:\CrrYDOCS\ORD\CASES\480-294.\VPD Page 2 �j A - 12 (awl WHEREAS, the City Council of the City of Southlake, Texas, fiirther 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. LACITYDOMORD%CASFS%"G-2%.%WD Page 3 gA - 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a°`portion cfIot , B1oekI, GoFbuttwAldition� an addition to ttieCi c f Southlake, azn dunes;accordn �areeontec Yn tolum Page 12;P at R eord_s Taman County Te and being aFPrc xiffiM_77,77 and more fully and completely described in Exhibit "A" from"' ° Office Distract to °S-P-2"Generalized Site Plan Distract with 'O 1" Office Distnct'uses and the;"C 2"Local Retail<Comtnereial District'use of ambulatory surgery,imaging eenter,a,nd associated services as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning1 regulations and districts as herein established have been made in L:\CnTDOCS\ORD\CASFSWW2%.WPD Page 4 BA - 14 accordance with the comprehensive plan for the purpose of promoting the health safe morals P rP P g safety, 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 L:\CRYD0M01W\CASM480-2%.%?D Page 5 6A - I � comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. (awl LAClr'YWM0RD\CASnU W 294.W PD Page 6 ba - 1t PASSED AND APPROVED on the l9t reading Y the day of 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. (taw, MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: move EFFECTIVE: L\CnTDOMORDICASFSW842%.W PD Page 7 8A - 1-7 EXHIBIT "A" A-par an of LoI I ti ...._ I o� i s Gi W a t tin Texas accardin `" oi � �� 6t � 2x'Placcisiy` (too, L:\CITYWMORD\CMESWW2%.WPD Page 8 S A - iF> EXHIBIT "B" Y ' ►� i M NOS 2 N Y'^>'>: � i t1i;f V Z Fx = I— I— Q lt�, Rug`�.Y < s wf LU u1VT W �� = Ali Wig 29 o ` — < y.yioYY:`<a2yyW yC z b V `f8� € a m r! QY12 `ai L.'11ad' a iw a u ' Y o it i 1 J v Q w! Bit ———-- ! � �- _�a!:i �' ((. ��. .-. r• ?may ,♦ •• Ti A. z �h� :i •`y'`•: �: :;:.::;'_. I ;�: a �`Y^ •. . sue` �• 1 e♦ ---- wo.a.oa am SWMVo 3xvmLnos"Id Ld33Mo3 o3AOddir s s ii z s }}a i x.( Yif:.t i a� � � !• �s�;�!{� li t !�; l;;�,� i +a �:�i�ll�`:°� �.ss, ,�•s+aj J � � .. :xs ! �s ae� �s �•�! s �s+ xx 'sad ��t• ��,�1�. �,3�j�3"�li;�� g ;,a =��i;z��s:t �r �I, ��;t s i'��!,:{ �s; 't:� s3 y ::I i.tl,l :�ldllt i �til jJn:-itIij L:\COMDEV\WP-FILES\ZBA\PENDING\480-294.WPD Page 9 City of Southlake, Texas - i STAFF REPORT December 31. 1998 CASE NO: ZA 98-1.17 PROJECT: Plat Revision / Lots I R I and 1112. Block 1 i Gorbutt Addition i STAFF CONTACT: Dennis Killough. Senior Planner. 481-5581. ext. 787 REQUESTED ACTION : Plat Revisio n for the proposed Lots 1 R 1, 1 R_, 1 R3, and 1 R4, Block 1, Gorbutt Addition, being a revision of Lot 1. Block 1, Gorbutt Addition, an addition to the City of Southlake. Tarrant County. jTexas, according to the plat recorded in Volume 388-156, Page 12, Plat Records,Tarrant County,Texas,and being approximately 12.63-1 acres. I AMENDED REQUEST: Plat Revision for the proposed Lots 1R1 and 1R2, Block 1, Gorbutt Addition. I ' I PURPOSE: Further subdivide lot and to provide right-of-way. I LOCATION: On the south side of East Southlake Boulevard (F.M. 1709) � ,. approximately 550' west of the intersection of East Southlake Boulevard and Miron Drive. i OWNERS: Harris Methodist HEB i APPLICANT: PageSoutherlandPage i CURRENT ZONING: "O-l" Office District LAND USE CATEGORY: Office Commercial I � I NO. NOTICES SENT: One (1) I RESPONSES: None i j P&Z ACTION: December 3. 1998; Approved(7-0) the applicant's request to table to the December 17, 1998, Planning and Zoning Commission meeting and placing this item on the Consent Agenda. (The Public Hearing was closed.) Q � City of Southlake, Texas - i December 17, 1998. Approved(7-0)subject to Plat Review Summary No. 2,dated December 11. 1998.eliminatin�o,Lots 1 RI 1 R3, and I R-1 and the cul-de-sac, and replacing them with one(1) lot: and extending the street the entire length of Lot 1 RI and requiring it to be in compliance with design standards of the Subdivision Ordinance, the City Engineer, and the Fire Marshal. I STAFF COMMENTS: The applicant has met all requirements in Plat Review Summary No. 1, dated November 25, 1998, and Plat Review Summary No. 2, dated j December 11. 1998, with the exception of those in the attached Plat Review Summary No. 3, dated December 31. 1998. i L:\CO�IDE V\WP-FILES`MEM0\98CASES\98-147PR.W PD i I I I i i i pop man 31 CAP, r_q Now s` :� TR 4G •,. ,,, 7R 4r AC a"Ac 1w , ■ 1. 14 Ac ILI gri TR 'A .` r. ••fir�• �� NINE 7R 4DI NIP son - - --------- NINE son Sul ■6J.�J RAM EADS3TR 2A3 R. EA SURVEY SURI I 418 24 A-481 TR�.013 AC13 A—` .85 O 2A 6 1.522 AC .00 AC 5 E. TAYLOR "O-1 " 177 7A AC 12-622 AG 4R Q 4.823 262�� A� z R: 3R5 1 .50 SCR 529 A to is 111 ICU tGi » 2t tm L 7 $ .. 9 = 10 11 12 _ 13 = 14 18 19 21 � u to to „s r to 41 71 117 117 117 •1 Y 129 120 1:0 la 9 33 32 31 8 30 29 23 s " = 10 9 11 g S 6 5 �••� 34 1--1 ,.. , , A7,7 „7 117 tcc 10 94 to 11 t.XI ,= It 1J 1.D 1. ►J. R E 0 1 " u E- 3: 1 5 •' 2 - 14 13 12 37 38 39 15 16 r �ti s ADJACEN OWNERS FOREST HILLS ICT „ AND ZONING ., p j1J „' tj ` tN e is + 58T, 8T 57 6 III 5-5I ? 53 s 52 1 3 50 = 49 3 43 �.-,C7 I fill i�! lilt li 11111 filli ,Ii is if P"I !11 i'I, nii if I f w 10 910 am a SM A In - IaD OWN 931.ww" N OWANO I"Uwu LL LL) !I IN Ad %I > 7CY ------------ z .K,W;bb LLJ ------- Mar— 7--— 4 cr— I .A Igi anmaAv ii&wvo 15 r City of Southlake, Texas - PLAT REVIEW SUMMARY (Lse No: ZA 98-147 Review No: Three Date of Review: 12/31/98 Project Name: Plat Revision - Lots 1 R 1 & Lot 1 R2 (previously submitted as Lots l R 1 - 1 R4) Block 1 Gorbutt Addition being a revision of Lot I. Block 1 Gorbutt Addition being 12.634 acres out of the J.A. Freeman Survey Abstract No 529 APPLICANT: SURVEYOR: I Harris Methodist HEB Wier and Associates 1600 Hospital Parkway 4300 Beltwav Place STE 130 Bedford. TX 76022 Arlington, TX 76018 Phone: (817) 685-4600 Phone:(817) 467-7700 Fax: (817)685-4890 Attn: Jack McCabe Fax: (817) 467-7713 Attn: John Wier CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/21/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MC ROY AT(817)481-5581, EXT. 880. I 1. Provide easements for water,sewer and/or drainage as may be required for compliance with approved construction/utility plans. Where possible, locate easements for franchise utilities,water, sewer and/or drainage adjacent to rights-of-way or in a manner which would not disturb existing trees. It appears that an off-site drainage easement is needed within the Dalton tract. Show and label the filing information for this easement. I I 2. Provide a cul-de-sac (or temporary turn around easement if approved by City Council)with a min 60' radius at the south end of proposed Harris Court. Dead end streets shall be permitted only where a i future extension or connection is to be made. This plat proposes a dead end street. (P&Z Action 12117198 eliminate the south 3 lots and cul-de-sac; However, stipulating that the configuration be in compliance with the Subdivision Ordinance, City Engineer and Fire Marshal requirements. 3. Show and label a 30' building setback line within Lot 1R2 adjacent to the R.O.W. i i 4. A"Certificate of Taxes Paid" from each taxing authority must be provided to the City prior to filing this plat in the County records. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I I" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. I L:\CCMDEV\WP-PILES\REV\98\98147PR3.WPD Page 1 City of Southlake, Texas * A Developer's Agreement is required prior to any construction. The Developer's Agreement for this addition should consider streets. drainage, park dedication requirements, off-site sewer extensions, and off-site drainage and utility easements. I * Denotes Informational Comment i cc: Harris Methodist HEB VIA FAX ABOVE Wier and Associates VIA FAX ABOVE Pad-e Southerland Page VIA FAX: (214) 522-4380 Attn: Ernesto Liebrect I I i I i I I i i I j I I i L:\COMDEV\WP-FILES\REV\98\98147PR3.WPD Page 2 f5 7 co o�� - g$eaeg � V~eia 4 "ra f "fie•• I " I !.•t;YC .f i�•,vn4 gyYDJ 3 aYaYg �' " c a >;h; a y se. yr5 it ga r $ ag$tYe I ay d y! 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E g j�s •� s �' 5L I • I L.g -. ---------------_L-------�1--tZ--- — -- �_ --- --------------- .oci I I I rit'be I Ie1 - i ICIll " `� I� i eI I get:. $- I Q I W I s: Zam d� I5°II z I � sbii' v y d S' �_'-:: ro o � I Ir• $z iOol- 1 I 3eD -�j� Jj eJ.", I� oryl� o• ; I I seas m t,j o 2 •s I^ 1 0 Its- .. to Z In 8O e 6 oa I."I dINIi.� Q I d r o I ql:. •F. � .If I I ire .. � i, I nl i I y I g: I I� o I4 o Ir u�js.j I I It N `3- _a 1 I ' 1'1 •O9 6ab'9a1 93a]tl B09'Oau . �;Rj91L<N (.a•o•a ,o ) jano9 sra.arK I- I e� .L9'6S6•.111.9b.00 N1. T.. _ .off LEI m H NOlNO VMOD 3XVIHI11 O'l'N I .fiN011I10�3NV111f105. I I NVId 1d33PW 03AOSddV U R N•M•l.l 1 V �— s City of Southlake, Texas STAFF REPORT December 31, 1998 CASE NO: ZA 98-116 PROJECT: Ordinance No. 480-295/First Reading/ Rezoning-Lots 3R1.3R2, and 3R3 Block 1 Steward Addition STAFF CONTACT: Karen P. Gandy,Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as being Lot 3, Block 1, Steward Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-159, Page 40, Plat Records, Tarrant County, Texas, and being approximately 4.2739 acres. PURPOSE: Zoning required for platting and development. LOCATION: Approximately 50' east of Ridgecrest Drive and approximately 220' south of East Dove Street. OWNERS: F.L. Bailey, Russell H. Oxner, and Gaylen Bailey APPLICANT: Milo Choate CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-IA" Single Family Residential District LAND USE CATEGORY: Low Density Residential and 65 LDN Overlay Corridor NO.NOTICES SENT: Seven(7) RESPONSES: Three (3)responses were received within the 200' notification area: • Gaylon F. Bailey, 465 E. Dove Rd., Southlake, Texas, in favor, (Received October 27, 1998). • Scott F. Martin, 591 E Dove Rd.., Southlake, Texas, in favor, (Received October 30, 1998). • Preston G. Stone, 565 E. Dove Rd., Southlake, Texas, opposed. "1. Increased traffic on the one lane road bordering my property. 2. We have no intention of selling or relinquishing land needed to widen said road. 3. Area cannot handle any more sewage absorption during rainy season and will drain past our property to drainage ditch on Dove Rd.. 4. Why does someone want to build Vol City of Southlake, Texas in glide path of D.F.W.? 5.Access should be provided by former Calicott Property for any development on that land." (Received November 5, 1998). P&Z ACTION: November 5, 1998;Approved(7-0)at the applicant's request to table and to continue the Public Hearing to the November 19, 1998, Planning and Zoning Commission meeting. November 19, 1998; Approved (7-0) at the applicant's request to table and to continue the Public Hearing to the December 3, 1998, Planning and Zoning Commission meeting. December 3, 1998;Due to Case Resolution No. 97-22,this case was not heard and was continued to December 17, 1998. December 17, 1998; Approved(7-0). STAFF COMMENTS: Please note that a change of zoning to the "SF-IA" Single Family Residential District does not require a Concept Plan Review by Staff. L:\COMDEV\WP-FUES\MEMO\98CASES\98-116Z.WPD Esc =a- 8 01 •i. ■ 1' J Y �Al1111` l�■■� : 44, ,. Ate . o2e �� - , I TR 2E g83 2.8 At 3°131 I I 1 TR 1 H TR IA - I 1.19 AC 8.0 AC / ► I lF1 I1 � 56 1.46 c? - / AC TR 1A1 I 2:0 AC I TR 1 / I 1.15 AC i I I P. STONE w p n TR G. BAILEY zO AG TR 1B1 n " 1B3A • .0 AC 0 1 .0 AC .46 AC "AG" d 3C j 31AC FT S. HEITMAN 1 ,026 2 S. MCCAMBRIDGE TR 183B �I 1►` 0 2.57 AC K. RHODES ST S. MARTIN &MARTIN TR 1A " 00 �1 . B.0 AC „S F_1 " „AG" - -04 La 8.066 Q C. ESTES NN TT VA LLIC� / AA RMS,„ FA 2 4110D ON ADJACENT OWNERS AND ONING 4.892 Q D (Moe CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 jM AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTLOCK 1, STEM° r ADDITION,AN' THE;CITY OF SO,EI'f'HI _�. TA��[tA1S'F COUNTY', TEXAS,:ACCORDING TO THE PIi`T RECORDED„ IN VOLUME 388-19 PAGE RECORDS, TARRpi1�T' p{CGUNTY, TEXAS,. ANDBEIIO ��v APPRO� IIVIATEL 4 2739 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT 'IA" FROM 7. AGRICTlL1'URAL DISTRICT TO ;SF lA SINGLE FAMII RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and L:\COMDEV\WP-FILES\ZBA\PENDING\480-295.WPD C Page l �� J 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 District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights character of the neighborhood; location lighting es of signs on established chara g g htin and g types 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 L%COMDEV\W P-FILES%2BA\PENDINGW 8I}295.W PD Paget n �(40 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: L:\COMDEV\WP-FILESUBA\PENDING\484295.WPD (too" SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being W 3 Block..I Sfewai d Addition, an.addition xto=tlie City of Southlake Tarrant Cnui�t ��Tezu�aec�dangto 3thlat recbi�de�d�n' luine��8;d9 image 40,aPlat Rewords "l"ar ekas d bein g ro imat�iy 4 2' 39 acie , and more'fully and completely described in Exhibit "A" from SAG" ` 4u1 rs� District to S:F IA�Sii 1g a anaily Resid ntial DM si ncl 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 L:\COM D E V\W P-FI LES\IBA\PENDI NG\4&L295.W PD Page 4 congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be-invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. L:\COMDEV\WP-FILESIZBA\PENDINGWSO-2%.WPD Page 5 Q q D e- 1 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. L:\COMDEV\WP-FILES\7BA\PENDING\480-295.WPD Page 6 C r '� PASSED AND APPROVED on the 1st read dg the day of , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\COMDMW P-FlLESMA\PENDINGWO-295.W PD Page 7 EXHIBIT "A" I: IIP limal Le L.NCOMDE"WP-FIL��IPENDING\484295.WPD Page 8 City of Southlake, Texas STAFF REPORT December 31, 1998 CASE NO: ZA 98-117 PROJECT: Plat Revision -Lots 3R1,3R2, and 3R3.Block 1. Steward Addition STAFF CONTACT: Dennis Killough, Senior Planner,481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lots 3R1, 3R2, and 3R3, Block 1, Steward Addition, being a revision of Lot 3, Block 1, Steward Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-159, Page 40, Plat Records,Tarrant County,Texas,and being approximately 4.2739 acres. PURPOSE: Platting in order to obtain a building permit. LOCATION: Approximately 50' east of Ridgecrest Drive and approximately 220' south of East Dove Street. i OWNERS: F.L. Bailey, Russell H. Oxner, and Gaylen Bailey APPLICANT: Milo Choate I CURRENT ZONING: "AG" Agricultural District LAND USE CATEGORY: Low Density Residential and 65 LDN Overlay Corridor NO.NOTICES SENT: Two (2) RESPONSES: One(1)response was received within the 200' notification area: • Gaylon F. Bailey, 465 E. Dove Rd, Southlake, Texas, in favor, (Received October 23, 1998). P&Z ACTION: November 5, 1998;Approved(7-0)at the applicant's request to table and to continue the Public Hearing to the November 19, 1998, Planning and Zoning Commission meeting. November 19, 1998; Approved (7-0) at the applicant's request to table and to continue the Public Hearing to the December 3, 1998, Planning and Zoning Commission meeting. SO- 1 City of Southlake, Texas December 3, 1998;Due to Case Resolution No. 97-22,this case was not heard and was continued to December 17, 1998. December 17, 1998;Approved(7-0)subject to Plat Review Summary No. 1,dated December 11, 1998,not requiring the road(Item#2)but requiring the access to meet the Fire Marshal's approval. STAFF COMMENTS: The applicant has met all requirements in Plat Review Summary No. 1, dated December 11, 1998, with the exception of those in Plat Review Summary No. 2, dated December 31, 1998. L:\COMDEV\WP-FILES\MIEMO\98CASES\98-117PR-WPD $o-z ,. .. off. . WS MEN End In 0��11 _ NMI8 _ 8 I Ex'.CHIVE'l A.CH1yfRS Y. Ic milli main ■J�_ 1�� 0 • • 0 :02e � i 1 TR 28 �O9a3 2.8`A( TR iH TR 1A I 1.19 AC , B.0 AC TR / t i 1F1 1 i I 561 1.46 / AC TR 1A1 1 2.0 AC 1 TR 1 / I 1.15 AC i 1 114 - - - - - --�e-�a--tea.-�e�e-- - - -- -- - - _ L man.xm TR TR G.BAILEY TR 1B2 1B6 TR 1B1 1B3A 1 .0 AC .25 1.0 AC .46 AC n Af1 G" AC TR 1 B 1 .3 AC S.HEITMAN TR 1B38 L 57 AC �� A!�� TR 187 _ AG .50 AC � 1 , C TR 1 B4A .335 AC TR 1A B.0 AC 1 zoo 8.066 ANN TT/ V LICO :AA5A5 L RCS 2 453 2 4.892 a ADJACENT OWNERS AND ZONING Ji AD 00 J All 1 ti! '! ' '+ :3 I is E I ili� I. Ii hiIl =i i .: � a J J � Q LL. c q�+ if i i ( i !• � ! 1_1� 't ids I� LU � � �:; tj t f i ! f'E ► 4 �fiij: � jali 6 °s /LPL. +I z - . - =zIr :i it]ss 'I E ! ! i31? i Iltil ti j: t EA oil J k � Lij r 'lJr SID C ji z•c.s .....,. . ..•...•....... . _ __ O. I 10, �0 V OE Oial $0-6 i - City of Southlake,Texas PLAT REVIEW SUNIlIRARY Case : ZA 98-117 Review No: Two Date of Review: 12/31/98 Project Name: Plat Revision - Lots 3Rl 3R2 and 3R3 Block 1 Steward Addition.being a revision of Lot 3.Block 1 Reward Addition_ and being 4274 acres out of the Larkin H. Chi_vers Survey.Abstract No. 300 APPLICANT: SURVEYOR: Milo Choate Landes& Associates.Inc. 2955 Tumbleweed Trail 1107E First Street Qpe 'ne=Texas 76051 Fort Worth Texas 76102 Phone: (817)481-7468 Phone: (812) 870-1220 Fax: (817)251-8732 Attn.Milo Choate Fax 817)870-1292 Attu, Coy Landes CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/21/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT.862. * This plat proposes two lots under the 1 acre minimum for SF-1A zoning. A variance to this requirement was approved by the Zoning Board of Adjustment on November 12, 1998. 1. All lots must front a public or private street,meeting City right-of-way and street standards(min. 50' R.O.W., 31'BC-BC pavement width). These properties are currently served by a Private 25' Road Easement(though dedicated by plat,this drive has never been accepted or maintained by the City). Please note that private residential streets-are permitted only when approved under the requirements of Sections 5.04 and 5.05 of the Subdivision Ordinance No.483.NOTE: If the street is not required, staff recommends a common access easement be provided and that vehicular access meet the requirements of the Fire Marshall. (P&ZAction 12117198: Delete requirement for road and require that access meet Fire Marshall's approval.) 2. Remove building footprint and related dimensional information from the plat prior to submitting mylars to the City. As shown, the building setbacks appear to be in compliance with the Zoning Ordinance. 3. The following changes are needed regarding easements: a. Provide easements for water, sewer and/or drainage as may be required by Public Works (comments forwarded to surveyor). b. Tie down the southern limits of the common access easement from the north line of Lot 3R3. * Confirm the need for the perimeter 5'U.E. Staff prefers eliminating any utility easements not required for adequate services. L:\C0MMKP-PILES\RXV\98\98117PR AM 81)-ID Page 1 City of Southlake,Texas 4. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. . 5. Replace the"shaded/dotted"reference to the existing Lot 3 on the proposed Lot 3R3. P&Z Action: December 17, 1998,Approved(7-0)subject to Concept Plan Review Summary No. 1, dated December 11, 1998, and as noted above. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone which will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No.479 and execution of the"Avigation Easement and Release"shown in Appendix 3 of the Subdivision Ordinance No. 483 on subsequent Plats to be filed in the County Plat Records. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I V or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink,other than signatures or seals, appear on the plat. * Denotes Informational Comment c: Milo Choate VIA FAX ABOVE Gaylon F. Bailey F. L. Bailey Coy Landes VIA FAX ABOVE 465 E. Dove Road 1125 N. Peytonville Southlake,Texas 76092 Southlake,Texas 76092 L:\COIDSV\"-nJAS\B=V\9B\9B117M.WM g�,� Page 2 I IN >1 >! J 866113 330 t lei tt 1 I ~ I i I I t 1 It I� 1 1 � M70. f 1t.f0.t Kt�—• 311 I V i � � •r..w—r' -- f gel ( 0 5 ..... ■I..a �. ....t■ 1.• ' tlh fit I;si st I s. 12 jilt 2 b S D-� City of Southlake, Texas STAFF REPORT December 31, 1998 CASE NO: ZA 98-150 PROJECT: Ordinance No. 480-296/First Reading/ Rezoning=Lots 5, 6, and 7,A. A. Freeman No. 522 Addition STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as being Tracts 2C 1 and 2CID1 situated in the A.A. Freeman Survey,Abstract No. 522, and being approximately 6.967 acres. PURPOSE: Purpose of this request is to rezone the property to accommodate home construction. LOCATION: Between North Peytonville Avenue and Southridge Lakes Parkway across from the intersection of Southridge Lakes Parkway and Travis Court. OWNER/APPLICANT: Fred Joyce CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-IA" Single Family Residential District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Twenty-six(26) RESPONSES: Three (3)response was received within the 200' notification area: • Gene-Marie Sperduti, 770 N. Peytonville Ave, Southlake, TX, in favor(Received December 9, 1998). • Gregory D. Ballein, 602 Concho Ct., Southlake, TX, in favor. See attached letter. (Received December 17, 1998). • Robert and Jeannine Polaski, 1706 Pecos Drive, Southlake, TX, undecided. See attached letter. (Received December 17, 1998). P&Z ACTION: December 17, 1998; Approved(5-1-1). STAFF COMMENTS: Please note that a change of zoning to the "SF-IA" Single Family Residential District does not require a Concept Plan Review by Staff. L:\COMDEV\ViT-FMES\UEMO\98CASES\98-15OZ.WPD S�-I December 17 1998 City of Southlake Planning and Zoning Commission 667 North Carroll avenue Southlake,Texas 76092 Dear Sir: I am in agreement with the proposed zoning change and plat showing for Tracts 2C 1,2C 1 D 1 and Lots 5,6 and 7. This information was secured from the two documents sent to me by this commission. Let me say however,that my agreement is based on the plan to have 3 lots on this property(Bordering North Peytonville and Southrigde Lakes Parkway-across from the intersection of Southridge Lakes Parkway and Travis Ct.)and that it not be further subdivided. I have also attached the letter that Mr. Dan Light,the President of D' Lightful Homes,Inc. circulated to the homeowners in this area that indicates his plan for the area as well. Should you have any additional questions please do not hesitate to contact me. Best regards, Greg Ballein Enclosure RECD DEC 17 1998 g,C.Z � � • • OIL 1206 Brazos Drive Southlake, TX 76092-6021 office (817)481-7717 home (817) 481-7654 November 24, 1993 Gregory & Valarie Ballein 602 Concho Ct Southlake, TX 76092-5927 Dear Gregory& Valarie, We have purchased the undeveloped,wooded tract of land that fronts South Ridge Lakes Parkway: We are buying 3.25 wooded acres of the 6.967 total owned by Fred Joyce and shown in the attached ' survey. _ If we were developers solely interested in maximizing return on investment, we would have subdivided this property into lots comparable in size to those, which it adjoins. As you can see, we will have only two lots, each having 1.63 acres. Fred Joyce is retaining the remaining 3.717 and has indicated that he will be building his personal home on that property. His driveway will exit on Peytonville. In an effort to preserve the character of the wooded area that we have purchased, the entry for my two home sites will be a common access, single entry drive entering off South Ridge Lakes Parkway. Keith Martin, the Landscape Administrator with the city, and I have walked the land. Many trees died because vines built a canopy over them. The resulting stress led to a fatal fungus called hypoxylon, the gray slime on the dead trunks. Now, when the sap is falling in the healthy trees, is an ideal time to remove the dead trees and take the vines out of the remaining trees. We are going to start Friday and hope to have the work completed by Monday. For those who do not know me, I have been building custom homes in our community for twenty years. We built our personal home at 1206 Brazos in South Ridge Lakes in 1991. I want to be a good neighbor, and look forward to working with you and the other homeowners. If you have any questions or concerns, please do not hesitate to call me. Sincerely Yours, Dan R. Light, President ffGD DEC 17 M8 enclosure �h' 15G C,)ecember 16, 1998 To: Southlake Zoning and Planning Commission Subject: Property Adjacent to Southridge Lakes Parkway We are unable to attend the commission meeting scheduled for December l7th due to the Middle School Band Concert but would like to voice some concerns regarding the above mentioned property. We live at 1706 Pecos Drive adjacent to the property. We have concerns that the development might have an adverse impact on drainage and therefore our landscaping. We would ask that the developer be fully liable for any impact to our property. We would also request that the developer be required to maintain as many of the trees on the afore mentioned property as possible and/or replace any trees removed with similar type trees. \Ye would like to ensure that the access into the newly developed property not be adjacent to any ,1kisting homeowners property. This is in line with the plans that were provided to us by the developer in November T nk you for y r c nsideration. t� a obert and Jeannine Polaski 7 66 Pecos Drive Southlake, TX 76092. L D E C 171998 I=7�-r-r,,- NORM Mug --- I IRONE T.1-TIT i ' ��■■ ��'� -■■ �.r�■.. �� ►-��■� ■lid ,r K { r ■� , '. .r NV © 1■■■■■ m rid_s�; '!!"� � � ■��/■i■/�'��,�;: ROB �■ am ►r,. �' � mill Fund lk Nil 9' FA VIA Eli Iloilo was I ,u TR.281 1 Ac 12R 13 s 14 s vE C =b ' 4 1,R = SAN AUGUSTIr1E2 CT BE ;- TR.284 R FRE DEN ,� 12 .63 Ac ^ n A 9 s E 8(" 36 q� A C�•` 10R E a t1 _• la � 11 j u. 1, >T g� V �5R 5 TR.2B4E 6 66 7 s "SFs20A" 1.43 Ac i' 'SF 20A" a Q �.. 13. z"' E.NELSON s BOWIE CT 12� z 3 1 1 R 0 8.466 ® v v1 G. UTI ,� C. s K_ LEDBETTER G.SMILEY W.COOK . W MANNING cl u Q, .RE, 2 I �N-SF-1A' w 2" Q J Y TR2C,D1A = O o ® t Y G.JOYCE TIFt 3.104 O z` � W- L STOKDYK E.BOUMA w W w V Z R.POLASKI : T.JUMPER I 0 ;u� J z C Z Y I U. it J K . w It p N o to < co Y •�'_ 2os D� C.WOOLLEN to - " PECOS DR CRAWFO 4 coNc to CT D. DE "` INN E a SF-20A' '�. ,e .� = 62 = 88 s ? 87R 50 64 I „ ,_ 49 z 51 t 4 =17 79 86 % ? 65 71(wow, s _ •o � : 85 ADJACENT OWNERS 72 77 80 AND ZONING73 Y 70 >t �O 81 . 46 _ 4d 69 V I 274 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 48"9G AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE,TEXAS BEING LEGALLY DESCRIBED ASTR2ClAi SITUATED . THE A:A. FRE ;S�RY�YBS ,. NO 522,AND BEING'APPROXIMATELY 6 967 ACRES'AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM"AG"AGRICUIr'')�'CTR�AI;DISTRI ' TO "SF IA" SINGLE FAMILY� RESIDENTIAL:�,ISTRT , SUBJECT 'TiO ATHE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and L-%COMDEV\WP-FILES\ZBA\PENDING\480.2%.WPD Page I Q WHEREAS, the hereinafter described property is currently zoned as District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake,Texas,at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected t p o 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, L:\COMDEV\W P-FILES\ZBA\PENDINGWIO.296.W PD Page 2 Q �� V WHEREAS,the City Council of the Cityof 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, (tow, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby L:\COMDEV\WP-FlLES%ZBA\PENDING\4W2%.WPD Page 3 (awl amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts2C1 and2GD1 s fuatedut tl�e:A Auytrcto: 522 andximately 6 567acs,and more fully and completely described in Exhibit "A" from "° �� e to IS ResidehtfiW,Districl 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 L%COMDEVIWP-FILESUBAXPENDINGW84296.WPD Page 4 - gE�lb community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person,firm or corporation who violates,disobeys,omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars($2,000.00)for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting 4•\COMDEV\WP-FlLFSI7BA\pENpING4t8(L296.WPD Page 5 r 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 (We of the Charter of the Cityof Sou thlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY L:\COMDEV\WP-FILESVBAXPENDINC1484296.WPD Page 6 PASSED AND APPROVED on the 2nd reading the day of 91998. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\COM D E V 1 W P-FILEWMIPENDINGW 8a2%.W PD Page 7 EMBU "A" FIELD NOTES Description for a tract of land in the A. A. FREEMAN SURVEY, ABSTRACT NUMBER 522, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land described in a deed to Fred Joyce and wife, Wanda J. Joyce, recorded in Volume 4937, Page 530, Deed .Records, Tarrant County, Texas, together with a portion of a tract of land described in a deed to Fred Joyce, recorded in Volume 6807, Page 787, Deed Records, Tarrant County, Texas, and being described as one tract by metes and bounds as follows: BEGINNING at a 5/8"iron pin found in the west line of Southridge Lakes Parkway for the most easterly northeast comer of said tract described in Volume 4937, Page 530, and for the southeast comer of Lot 1, Block 5, SOUTHRIDGE LAKES, Phase VII, according to the Plat recorded in Cabinet A, Slide 1786, Plat Records, Tarrant County, Texas; THENCE South 00 degree 39 minutes 43 seconds West a distance of 148.09 feet along the west line of Southridge Lakes Parkway to an axle found for an angle point in the east line of said tract described in Volume 4937, Page 530; THENCE South 00 degree 07 minutes 24 seconds West a distance of 157.57 feet continuing along the west line of Southridge Lakes Parkway to an 1/2"iron pin found for the southeast corner of said tract described in Volume 4937, Page 530, and for the northeast comer of Lot 98, Block 3, (Sol SOUTHRIDGE LAKES, Phase VI, according to the Plat recorded in Cabinet A, Slide 1434, Plat Records, Tarrant County,Texas; THENCE South 89 degrees 16 minutes 33 seconds West a distance of 1,132.76 feet along the south line of said tract described in Volume 4937, Page 530, and along the south line of a said tract described in Volume 6807, Page 787, to a 5/8"iron pin found in the east line of Peytonville Road; THENCE North 07 degrees 01 minutes 00 seconds East a distance of 238.80 feet along the east line of Peytonville Road to a 5/8"iron pin found in the north line of said tract described in Volume 6807, Page 787; THENCE North 89 degrees 21 minutes 40 seconds East a distance of 540.06 feet to a 5/8"iron pin found for the northeast comer of said tract described in Volume 6807, Page 787, and in the west line of said tract described in Volume 4937, Page 530; THENCE North 01 degree 36 minutes 23 seconds East a distance of 70.22 feet along the west line of said tract described in Volume 4937, Page 530, to a 5/8"iron pin found with cap marked, "SEMPCO"for the southwest comer of Lot 3-R, Block 5, SOUTHRIDGE LAKES, Phase VII, according to the Plat recorded in Cabinet A, Slide 1931; THENCE North 89 degrees 18 minutes 56 seconds East a distance of 563.59 feet along the south line of said Block 5 to the POINT OF BEGINNING, said described tract containing 6.967 acres of land. L:\COMDEV\WP-FILES\ZBA\PENDING\480-296.WPD Page 8 Q �:J7 �j.q c City of Southlake, Texas STAFF REPORT December 31, 1998 CASE NO: ZA 98-151 PROJECT: Plat Showing_/Lots 5,6,and 7.A.A.Freeman No. 522 Addition STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Showing for proposed Lots 5, 6, and 7,A.A. Freeman No. 522 Addition on property legally described as Tracts 2C 1 and 2C 1 D 1 situated in the A.A. Freeman Survey, Abstract No. 522, and being approximately 6.967 acres. PURPOSE: Platting in order to get building permits. LOCATION: Between North Peytonville Avenue and Southridge Lakes Parkway across from the intersection of Southridge Lakes Parkway and Travis Court. OWNER/APPLICANT: Fred Joyce CURRENT ZONING: "AG" Agricultural District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Twenty-six(26) RESPONSES: Five (5) responses were received within the 200' notification area: • Gladys M. Joyce, 740 N. Peytonville Ave, Southlake, TX, in favor. (Received December 9, 1998). • Gene-Marie Sperduti, 770 N. Peytonville Ave, Southlake, TX, in favor. (Received December 9, 1998). • Gregory D. Ballein, 602 Concho Ct., Southlake, TX, in favor. See attached letter. (Received December 17, 1998). • Robert and Jeannine Polaski, 1706 Pecos Drive, Southlake, TX, undecided. See attached letter. (Received December 17, 1998). • Chris Woollen, 606 Concho Ct, Southlake, TX, in favor. (Received December 22, 1998). P&Z ACTION: Approved (5-0-2) subject to Plat Review Summary No. 1, dated December 11, 1998. STAFF COMMENTS: Attached is Plat Review Summary No. 1,dated December 11, 1998. L:\COMDEV\WP-FILES\M EMO\98CASES\98-151 PS.W PD SF 1 December 17 1998 City of Southlake Planning and Zoning Commission 667 North Carroll Avenue Southlake,Texas 76092 Dear Sir. I am in agreement with the proposed zoning change and plat showing for Tracts 2C1,2C1D1 and Lots 5,6 and 7. This information was secured from the two documents sent to me by this commission. Let me say however,that my agreement is based on the:plan to have 3 lots on this property(Bordering North Peytonville and Southrigde Lakes Parkway across from the intersection of Southridge Lakes Parkway and Travis Ct.)and that it not be further subdivided. I have also attached the letter that Mr.Dan Light,the President of D' Lightful Homes,Inc. circulated to the homeowners in this area that indicates his plan for the area as well. Should you have any additional questions please do not hesitate to contact me. Best regards, Greg Ballein Enclosure ,L RECD DEC 17 i998 . aF SF-2 f AAL 1206 Brazos Drive Southlake, TX 76092-6021 office (817)481-7717 home (817)481-7654 November 24, 1998 Gregory & Valarie Ballein 602 Concho Ct Southlake, TX 76092-5927 Dear Gregory&Valarie, We have purchased the undeveloped,wooded tract of land that fronts South Ridge Lakes Parkway. We are buying 3.25 wooded acres of the 6.967 total owned by Fred Joyce and shown in the attached ' survey. If we were developers-solely interested in maximizing return on investment,we would have subdivided this property into lots comparable in size to those,which it adjoins. As you can see,we will have only two lots, each having 1.63 acres. Fred Joyce is retaining the remaining 3.717 and has indicated that he will be building his personal home on that property. His driveway will exit on Peytonville. In an effort to preserve the character of the wooded area that we have purchased,the entry for my two home sites will be a common access, single entry drive entering off South Ridge Lakes Parkway. Keith Martin, the Landscape Administrator with the city, and I have walked the land. Many trees died because vines built a canopy over them. The resulting stress led to a fatal fungus called hypoxylon,the gray slime on the dead trunks. Now,when the sap is falling in the healthy trees, is an ideal time to remove the dead trees and take the vines out of the remaining trees. We are going to start Friday and hope to have the work completed by Monday. For those who do not know me,I have been building custom homes in our community for twenty years. We built our personal home at 1206 Brazos in South Ridge Lakes in 1991. I want to be a good neighbor, and look forward to working with you and the other homeowners. If you have any questions or concerns,please do not hesitate to call me. Sincerely Yours, (owl Dan R. Light,President ffCD D E C 17 1998 enclosure )ecember 16, 1998 To: Southlake Zonin, and Planning Commission Subject: Property Adjacent to Southridge Lakes Parkway We are unable to attend the commission meeting scheduled for December 17th due to the Middle School Band Concert but would like to voice some concerns regarding the above mentioned property. We live at 1706 Pecos Drive adjacent to the property. We have concerns that the development might have an adverse impact on drainage and therefore our landscaping. We would ask that the developer be fully liable for any impact to our property. We would also request that the developer be required to maintain as many of the trees on the afore mentioned property as possible and/or replace any trees removed with similar type trees. dr We would like to ensure that theaccess-into the newly developed property not be adjacent to any assisting homeowners property. This is in line with the plans that were provided to us by the developer in November rTnk you for y r c nsideration. r ert and Jeannine Polaski 6 Pecos Drive Southlake, TX 76092. p DEC 17 1998 Uv -�® �1��Z�� ■tea - ; ■,�4� ��`� ■ • I , ill I AM `r�//��Sk ice' �1��►��, S. �� _�!_�� , MINOR 0 NEW POP now— 01 ��=_ �� ♦ �,■��"��11�►�Il/� •ems■� \\ I —C • +s uO I �u TR.281 12R 13 14 VY 1 Ac N i 11 R 2 SAN AUGUSTINE CT B TR.284 a REE Dj ' " "' tq 1.63 Ac A A 2 D 9 5 A 52 1OR KES 24 tooN f.G 7— g 5R `5 6 7 TR.284E 1 1.43 Ac ;' "SFIca 20A� a z_ W tzao E. NELSON a BOWIE CT 3 cc 1 R its 8.466 O a G. DUTI O K. LEDBETTER G.SMILEY C.A4 MANNING W.COOK CT Y x Q, T�tA`�g „ "RE" , �N 'SF-1 A- w 2% W J x TR2C1D1A Y G.JOYCE 3.104 +Q w I O 1 W ul L.STOKDYK z it = �rss\Ta g Lu z w = z R. POLASKI : T.JUMPER w E.BOUMA J p w Z g s I it a J z cc C_ Lu Y I �� LL J O a—: a z a D. '' DSD C.WOOLLEN m R PECOS DR CRAWFO I `' v CONC$Q CT m D.ANDERS its a SF-20A' 'a ,� ,� = 62 = 88 s 87R 50 s s 64 I �, = m 49 = 51 I a7 79 86 ,y ? 65 �. a 8 � � ?,�, s 48 t p 52 .; � 72 ��, 80 66 � 70 a . 77 ADJACENT OWNERS �p AND ZONING 2 '~ I3 \ 84 »e 10 - EtiI I .0 81 I 46 l 69 : ell n -.. City of Southlake,Texas PLAT REVIEW SU DIARY Lase No: ZA 98-151 Review No: One Date of Review: 12/11/98 Project Name: Plat Showing,-Lots 5 6 & 7 A.A. Freeman No 522 Addition being 6.967 acres out of the A.A. Freeman Survey.Abstract No 522 APPLICANT: SURVEYOR: D'hahtful Homes. Inc. Area Surveng. Inc. 1206 Brazos Drive 102 W. Trammell St. . Southlake. TX 76092 Ft. Worth. TX 76140 Phone: 817) 481-7654 Phone: (8 7)293-5684 Fax: (817)4817654 Attn: Dan Light Fax: (817) 293-5685 Attn: Rodger W.Hart CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/23/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MCROY AT(817)481-5581,EXT. 880. 1. Place the City case number"ZA 98-151" in the lower right-hand corner of the plat. 2. In the dedication statement,correct the name of the plat to correspond with the title block. Add a lienholder statement and signature block with notary to the plat. If there is/are no lienholder(s) then add a statement to this effect. The standard language for these statements is attached. 4. The following changes are needed with regard to properties within 200'to include properties across any adjacent R.O.W.: a. Label the filing information for the Lot 5R,Block 1, Joyce Addition as "Cab. A, Slide 787" and the filing information for Lot 4,Block 1 as "Vol 388-203,Pg.43". b. Label the property north of the shown Lot 7 as "Lot 111 A.A. Freeman No. 522 Addition, Cabinet A, Slide 2111". C. Show and label the 30'Ingress and Egress Easement previously abandoned along the west lot lines of Lots 3R and 4R,Block 5, SouthRidge Lakes,Phase VII. d. Show and label the 10' U.E. along the east side of Southridge Lakes Pkwy. and within Lots 120, 121,and 136 of the SouthRidge Lakes Subdivision. 5. Provide dimentional ties(90°or radial)from the perimeter boundary corners to the street centerline and to the existing R.O.W. line. 6. Label Peytonville as"Ave"and label both Peytonville Ave.and SouthRidge Lakes Pkwy.as"R.O.W." L:\COM ZV\tip-PILES\IMV\98\981S1PS1.WM Page 1 City of Southlake,Texas 7. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Original signatures and seals will be required three blacikline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I V or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * A Developer's Agreement is required prior to any construction. The Developer's Agreement for this addition should consider streets, drainage,park dedication requirements, off-site sewer extensions, and off-site drainage and utility easements. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 12/21/98. If not received by that time,no review will be prepared until the following submittal schedule.All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * Denotes Informational Comment Inc. lienholder's statement K cc: D'lightful Homes,Inc. VIA FAX ABOVE Area Surveying, Inc. VIA FAX ABOVE Fred Joyce VIA FAX (817)481-4593 J.E. Levitt Engineers, Inc. VIA FAX (817)488-3315 Attn:jonh Levitt L:\CONDBV\NP-PILBS\RSV\98\981SIPS1.WM QQ Page 2 ��V It as ai 1i !J= listzv CD MY l � 3 • • M1 er yV INW2 T � s asgz lit it t r i s •v ,.. v•o Y.x ��r� 1�i7 Noii"aav aye J J J J J J y g J f"mpill! i1811, A , City of Southlake, Texas STAFF REPORT December 31, 1998 CASE NO: ZA 98-153 PROJECT: Plat Revision/Lot 9R.Block 1,The Lakes of La Paloma STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lot 9R, Block 1, The Lakes of La Paloma,being a revision of Lots 9 and 10, Block 1, The Lakes of La Paloma,an addition to the City of Southlake,Tarrant County, Texas, according to the plat recorded in Cabinet A,Slide 2554,Plat Records, Tarrant County, Texas, and being approximately 1.3769 acres. PURPOSE: Combine two lots into a single lot and abandon easements. LOCATION: Approximately 700' west of South Carroll Avenue at the end of the cul-de-sac on La Paloma Court. OWNER/APPLICANT: The Lakes of La Paloma, J.V. CURRENT ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Three (3) RESPONSES: None P&Z ACTION: Approved (7-0) subject to Plat Review Summary No. 1, dated December 11, 1998. 'STAFF COMMENTS: The applicant has met all requirements listed in Plat Review Summary No. 1, dated December 11, 1998, with the exception of those in Plat Review Summary No. 2, dated December 31, 1998. L:\COMDEV\WP-FELES\MEMO\98CASES\98-153PR-WPD ' 1 gig, ��- �'�� CBS //I II .;,,' y �:�►�� a-KIM ` �!!�ill� /It►�i!/III/I � �.. :.�♦ awl min MIN lop ..� a is�n■■A 011 V'war .=■sue�►��►' � � �`� � OL i� «T ,■ •arc �►�� ! , R I r gg,o JOE'� �■ : i iit �".:i��ir�%HJ•1 t 499 5 AC TR 3E . 1 ® I i i I i I i i i TR 4F 12.88 AC I "SF-20A" I flo 4° ,co /00 wo 100 1a I - Z a i MU. J 1 o o 15 16 t , 1GO W 14 17 1 8 DDN W N A _ cow _18 La Paloma Ct (Pvt) i oti vEx C.NONOMAOUE o' ° 4 3 2 1 $ 1 DR 14 1 A 0 5 o TR SA1 a w 100 1 Ian , 113 5 AC - IcY - J 'p ofTR BAI SF-20A" W 5.0 AC c� TR 8A1A 1.0 AC � B 3 I TR 8A2 1.98 O i s TR 8A 1.98 ® I C � » is so so so 34 ,n 71168 59 10 it11 12 13 TR 6A 6 �. L+26 +ia+ 2.44 AC ' s0IND 8 14SID - I y ++ "09 = „os TR 6A1 5 1R 2 3 4 _ 1.0 AC 4 �o ADJACENT OWNERS 2 11 I 7 COMMON �• G z.0227 • D z0 I , it8lis iij !j} I4s) to pal ill I qqq �a;;'i I �� :ist a,ia 1 s i t• ss ii 3 :: !t o•�li=i i. In ;iI a.. _. , rf. s i•r= tl�� stls #F1i�' Irei ;01 ej{, a ;lfi ls s' } iii3 } a Rsr #a I.# !!°� ul �Ii a�41l=i:• ��?� #Isq�13 s �i l .•j' R}?'� s }it iFl� ,t I , !�i }�it Phi =ii 00a', �! ! �l`a � . l; I ! liF ; fA3 !,�rlri�. 1paslaa r: se i ':ir_I a' zt.. , a [€€ gg it P11 ql��p1. !p! pie } i.lj (� Ce i #lj��; ._� 13!�! e cd iA}Se Hit I31's iu IIE 1i �5 a t!}F,i!;. ? 9:a!!!i si i,_i ! I Ij5 iej . a 'HI nit z i T SOUP I•.aYJI.M a 4� LL go a a...»... a y N Otu uj cr ! ! m I I I ,. i E w ! a J r I i li I • a E x 3 rs 4�/ It a.vc► ,.�.,.�. ! i J ! City of Southlake,Texas PLAT RRYMW SLT_M__M_ARY ase No: ZA 98-153 Review No: Two Date of Review: 12/31/98 Project Name: Plat Revision, Lot 9 Block 1,The Lakes of La Paloma,being a revision of Lots 9 and 10. Block 1 The lakes of La Paloma-being 1,3769 acres out of the O W Knight un= Abstract No 899 APPLICANT: SURVEYOR: The Lakes of La Paloma J.V. David C. Moak Surveyors. Inc. 500 Grapevine Hwv. #472 P.O. Box 1034 - Hurst. TX 76054 Hurst, TX 76053 Phone: (817) 577-1952 Phone: (817)268-2211 Fax: (817)788-9433 Attn: Dick Blackard Fax (812)282-0401 Attn: David W.Myers CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/21/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MCROY AT(817)481-5581,EXT.880. 1. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. - The City of Southlake Easement Abandonment Statement and Signature Block has changed.Staff will forward the current version to the applicant for inclusion in this plat. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I V or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * Denotes Informational Comment cc: The Lakes of La Paloma J.V.- VIA FAX ABOVE David C. Moak Surveyors,Inc. VIA FAX ABOVE L:\COMZV\*P-F1UW\RSV\9B\9B153VR2.WM Page 1 eR-5 � - a 23 it s t b all co i � 3 a CA !i aJ •s.Ni��w i f •,•.�^..... �ror rrarr�stnar ` 1 . A7YN A .91.00 t t � t 1 t - I p ! I 14 �'� •i I� • ii ��;i 7, ; a l r � i�Sri tJi"tl I Y !QD it .t ! MA 10 am i ' 1 � E t ,wa�.aa ss�sr��rnr��,wrr r iiet• ��n City of Southlake, Texas MEMORANDUM December 30, 1998 TO: Curtis E. Hawk, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Resolution No. 99-01, Appointing the Mayor to serve as chairman of the Board of Directors of the Tax Increment Reinvestment Zone Number One. Action Requested: City Council appointment of the Mayor to serve as chairman of the Board of Directors of the Tax Increment Reinvestment Zone. Background Information: According to statute, the governing body of the municipality that created the reinvestment zone must appoint the Chair of the Reinvestment Zone Board for a term to last one year beginning on January 1. This resolution appoints the Mayor to serve as chairman for a one-year term beginning January 1, 1999. This will allow the Mayor to continue to serve as chairman of the TIRZ Board, since his appointment as chairman for the 1998 year. The Reinvestment Zone Board has the ability to elect a vice-chairman to preside in the absence of the chairman or when there is a vacancy in the office of chairman. This item will be discussed at a future Reinvestment Zone Board Meeting. Financial Considerations: Not Applicable Citizen Input/ Board Review: Not Applicable Legal Review: Not Applicable Alternatives: In accordance with the statute, Section 311.009(f) of the Tax Increment Financing Act, the governing body of the municipality that created the TIRZ must appoint a member of the board to serve as chairman. Supporting Documents: Resolution No. 99-01 Staff Recommendation: Place Resolution 99-01, appointing the Mayor to serve as chairman of the Reinvestment Zone Board of Directors on the January 5, 1999 City Council agenda. Memo to Curtis E. Hawk December 30, 1998 Page 2 SS Approved for Submittal to City Council: - A t1- ty ger's Office City of Southlake,Texas RESOLUTION NO. 99-01 A RESOLUTION OF THE CITY COUNCIL OF SOUTHLAKE, TEXAS APPOINTING THE MAYOR TO SERVE AS CHAIRMAN OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas (the "City"), after public hearing, passed Ordinance 682 creating a Reinvestment Zone as authorized by the Tax Increment Financing Act, V.T.C.A., Tax Code, Chapter 311 (the "Act") on September 23, 1997; and WHEREAS, Ordinance No. 682 established a Board of Directors to administer the Zone; and WHEREAS, the City passed Resolution No. 97-70 appointing eight (8) members to the Board of Directors of the Tax Increment Reinvestment Zone on November 5, 1997; and WHEREAS, the City passed Resolution No. 97-80 appointing the Mayor to serve as chair of the Reinvestment Zone Board of Directors for one year beginning January, 1998; and WHEREAS, in accordance with Section 311.009(f) of the Act, the governing body of the municipality that created the reinvestment zone must appoint one member of the board to serve as chair for a term of one year that begins on January 1 of the following year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That all matters stated in the preamble of this resolution are true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. That the City Council hereby appoints Mayor Rick Stacy to serve as chairman of the Reinvestment Zone Board of Directors for one year to begin January, 1999. Section 3. That the City of Southlake authorizes and directs that this action be made part of the City's permanent records. City of Southlake,Texas Section 4. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS on this the day of , 1999. APPROVED: Rick Stacy Mayor ATTEST: Sandy LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas MEMORANDUM (awe December 30, 1998 TO: Curtis E. Hawk, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Resolution No. 99-02, Appointing two members of the community-at-large to the Joint Drug and Alcohol Awareness Committee. Action Requested: City Council appointments to the Joint Drug and Alcohol Awareness Committee. Background Information: Resolution 98-68, creating the Joint Drug and Alcohol Awareness Committee with the Carroll Independent School District and City Council, was approved on October 6, 1998 by the City Council. As you recall, the Joint Drug and Alcohol Awareness Committee, formed in September 1997, was given one year to develop recommendations for the City Council and CISD Board of Trustees. One of the committee's recommendations was to create a new Joint Drug and Alcohol Awareness Committee. The ongoing work of a committee will ensure the recommendations are implemented and provide the impetus to continue to research the problems of drug and alcohol abuse among the youth. The previous committee determined that the best potential for developing new and effective initiatives to combat this growing problem is to include all aspects of the community in this effort. Therefore, the new Joint Drug and Alcohol Awareness Committee includes eleven voting members, and formally creates sub-committees to ensure full representation from the community. Resolution 99-02 allows for the City Council to appoint the two members of the community-at-large to the Joint Drug and Alcohol Awareness Committee. Financial Considerations: Not Applicable. Citizen Input/ Board Review: As described in Resolution No. 98-68, the City Council will appoint two members of the community-at-large. These appointments to the committee are the decision of the City Council. Legal Review: Not Applicable. Memo to Curtis E. Hawk December 30, 1998 Page 2 Alternatives: Bra d Bartholomew and Jacky Brooks Lawrence served on the adhoc committee and have expressed an interest in continuing their participation in the committee. The alternatives consist of appointing other citizens of the City of Southlake to the committee. Supporting Documents: Resolution 99-02 Resolution 98-68 Staff Recommendation: Place Resolution 99-02, appointing two members of the community-at-large to the Joint Drug and Alcohol Awareness Committee on the January 5, 1999 City Council agenda. SS Approved for Submittal to City Council: -A/, ity anager's Office (law '"yMfJ�pt". City of Southlake,Texas RESOLUTION NO. 99-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING TWO MEMBERS OF THE COMMUNITY AT LARGE TO THE JOINT DRUG AND ALCOHOL AWARENESS COMMITTEE. WHEREAS, the citizens of Southlake are confronted with the societal issue of drug and alcohol abuse among the youth of our community and desire to undertake a mutual effort to address this situation; and, WHEREAS, under Resolution No. 98-68, approved by the City Council on October 6, 1998, a Joint Drug and Alcohol Awareness Committee was created to involve the community in the effort to reduce youth drug and alcohol use; and, WHEREAS, in making the initial appointments for the at large community members, the City Council shall appoint one member of the Joint Drug and Alcohol Awareness Committee for a two-year term and one member for a one-year term. Vacancies shall be filled in the same manner provided for regular appointments; and, WHEREAS, the committee shall with participating in the development, implementation and recommendation of programs, initiatives, and/or action plans which will serve to focus on the goal of reducing drug and alcohol abuse by the youth of Southlake; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. The City Council desires to appoint the following members to serve on the Joint Drug and Alcohol Awareness Committee: 1. two year term 2. one year term Section 3: This resolution shall become effective after its passage and adoption by the City Council. `J Resolution No.99-02 Page 2 PASSED AND APPROVED THIS THIS DAY OF , 1999. CITY OF SOUTHLAKE By: Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary as-LA RESOLUTION NO. 98-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CREATING A JOINT DRUG AND ALCOHOL AWARENESS COMMITTEE WITH THE CARROLL INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES; APPOINTING CITY COUNCIL REPRESENTATIVES; ESTABLISHING QUALIFICATIONS; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, deems it advisable and necessary to establish a Joint Drug and Alcohol Awareness Committee, to assist in the recommendation and implementation of programs, initiatives and action plans which will serve to focus on the goal of reducing drug and alcohol abuse by the youth of Southlake; and, WHEREAS, the citizens of Southlake are confronted with the societal issue of drug and alcohol abuse among the youth of our community and desire to undertake a mutual effort to address this situation; and WHEREAS, the City Council, C.I.S.D. Board of Trustees, and the initial Joint Drug & Alcohol Awareness Committee have identified that problems of drug and alcohol abuse exist in Southlake as in other communities, and that there is a need for better and more effective drug and alcohol abuse prevention; and WHEREAS, the best potential for developing new and effective initiatives to combat this growing problem is to partner youth, parents, the schools and city officials, and other civic leaders working together; and WHEREAS, the entire community of Southlake will benefit from these initiatives; now: THEREFORE, BE* IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1: Creation of Joint Drug and Alcohol Awareness Committee. A committee shall be formed of members of the City, CISD and the community to recommend initiatives and/or programs and to the City of Southlake and the CISD which will serve to reduce drug and alcohol abuse, and participate in the implementation of such programs. The committee shall be composed of the following members who will participate as voting members: `J Resolution No.9M8 Page 2 (a) Two members of the City Council, appointed by the City Council; (b) Two members of the School Board, appointed by the School Board; (c) Two members of the community at large, appointed by the City Council; (d) Two members of the community at large, appointed by the C.I.S.D. Board of Trustees; (e) One member of the Mayor's Advisory Committee, appointed by the Committee; (f) Two members from the Southlake Chamber of Commerce, appointed by the Chamber. The Joint Drug and Alcohol Awareness Committee shall also consist of sub-committees to ensure full representation from the community. Each sub-committee will have voting member representation from the Committee to ensure the direction of each sub- committee is fully represented to the voting members. Members appointed to the sub- committees should include, but not be limited to the following individuals: (a) Three (3) members appointed by the C.I.S.D. Board of Trustees from each of the following schools: Carroll High School, Carroll Junior High School, Carroll Middle School, Carroll Intermediate School. and Durham Intermediate School to be drawn from the administration, coaching staff, teachers, nursing staff and counselors; (b) PTSO representation from the four schools mentioned above, appointed by the C.I.S.D. Board of Trustees; (c) DARE Officers, appointed by the City Council; (d) School Resource Officers, appointed by the City Council; (e) A minimum of twelve (12) youth representatives ranging from students 7`h to 12`' grades who are residents of the City of Southlake and/or attend the Carroll schools, with six (6) appointed by the City Council, and six (6) appointed by the C.I.S.D. Board of Trustees. Members from the Southlake Youth Action Commission, the Youth Park Board, and various school related organizations should be invited to participate; Q lQ Resolution No.98-68 Page 3 (f) Heath care professionals including doctors and/or nurses specializing in the field of addition (ie: addictionologist, psychiatrist, etc.), appointed by the City Council; (g) Representatives from social services agencies, churches, and other community groups and organizations, appointed by the City Council. Section 2: The City Council hereby appoints the following City Council members to the Joint Drug and Alcohol Awareness Committee: 1. Councilmember Debra Edmondson 2. Councilmember Gary Fawks Section 3: Qualifications and Terms: The Committee members shall be appointed by the City Council and C.I.S.D. Board of Trustees for two (2) year terms, provided six (6) members shall be appointed each odd-numbered year and five (5) members be appointed each even-numbered year. Llembers shall serve until their successors are appointed. Places on the Committee shall be numbered one (1) through eleven (11). The CityCouncil and C.I.S.D . Board of Trustees shall appoint sub-committee members to participate in the effort of the Joint Drug and Alcohol Awareness Committee. Such sub-committee members shall serve for a one year term from the date of appointment; such sub-committee members shall not be voting members of the Committee. Section 4: Ex-officio members: The City Council may appoint persons to serve as ex- officio members of the committee. Such members shall serve for a one year term from the date of appointment and shall not be entitled to vote. Individuals appointed as ex- officio members may include the following: (a) One Licensed Chemical Dependency Counselor (LCDC); (b) One professional from the Juvenile Justice System; (c) One professional from the Drug Prevention Program; (d) One member of the Federal Drug Enforcement Agency. Resolution No.9&48 Page 4 Section 5: Committee Meetings and By-Laws. The Committee will consist of two co- chairpersons including one City Council member and one C.I.S.D. Board of Trustees member. The committee shall also select from the members a secretary. Each officer shall serve for one-year terms or until their successors are elected. The Committee shall adopt by-laws to govern the holding of its meetings, which, at a minimum, shall encompass the following: (a) Regular meetings shall be held on a specified day of each month. (b) Manner of holding and calling of special meetings. (c) A quorum will be comprised of the majority of all voting members present at the meeting. This majority will be such a number as is competent to transact the business of the committee with a minimum of four voting members present. (d) Members not planning to attend a regular meeting or special meeting shall notify one of the co-chairpersons of the committee by 12:00 o'clock noon of the meeting day. (e) Any member with unexcused absences from two (2) consecutive regular meetings or not exhibiting interest in the work of the Committee shall be reported to the City Council and C.I.S.D. Board of Trustees, which may, at their discretion, remove the Committee member and appoint a replacement. (f) Minutes of each Committee meeting shall be filed with the City Secretary. Section 6: Committee Duties and Responsibilities. The duties and responsibilities of the Joint Drug and Alcohol Awareness Committee shall be to: (a) Participate in the development, implementation and recommendation of programs, initiatives, and/or action plans which will serve to focus on the goal of reducing drug and alcohol abuse by the youth of Southlake, (b) Involve the community in the effort to reduce youth drug and alcohol use, (c) Research and apply for grant funds to support the Committee's efforts. J Resolution No.9" Page S Section 7: Approval of the City Council and/or C.I.S.D. Board of Trustees, or their respective designees upon proper authorization, is required prior to the implementation of Committee recommendations for action. Section 8: This resolution shall become effective after its passage and adoption by the City Council. EXECUTED this 6th day of October, 1998. CITY OF SOUTHLAIE OF S ii By: Mayor ATTES-?5-- f I '1 sdX 0 City Secretary J " ��i 0 c City of Southlake, Texas MEMORANDUM December 30, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, Deputy Director of Public Works SUBJECT: Authorize the Mayor to enter into a Professional Services Agreement with The Beck Company for construction management services in conjunction with Southlake Town Hall Action Requested: Authorize the Mayor to enter into a contract with The Beck Company for construction management services Background Information: City Council has authorized staff to negotiate with The Beck Company to be the Construction Manager for Town Hall. The need for a construction manager in addition to City Project Manager representation has been discussed for several months. As explained in the Construction Contracting Options report dated August 15, 1998, a construction manager takes the place of a general contractor in a staged construction method of project development. Financial Considerations: The fees charged by a construction manager are two-fold. The first part of the fee is the construction management fee and is typically a percent function of the cost of construction. The Beck Company will charge a CM fee of 3.25% of the actual construction costs. (The recently approved TIF budget includes $390,000 for the professional services for the CM fee.) The second part of the fee is the General Conditions and is based upon the duration, scope and complexity of the project. These costs include all the items that a general contractor would charge as overhead and will be paid by the City regardless of whether we were to pursue a single contract or staged construction contracts. The General Conditions fee for this project is $1,110,000.00 and is a "not to exceed" figure. These funds are part of the approved $12 million construction budget for this project. The CM will keep this figure unless the scope of the project increases or decreases by 10%. If either of these conditions occur, the General Conditions would be adjusted either up or down. An important consideration to remember is that this is proposed to be a Guaranteed Maximum Price (GMP) proposal. As various bid packages are developed and budgeted, the CM will establish a GMP for that bid package. If bids for the total project exceed the established GMP, the CM will will make up the difference out of the 3.25% CM fee. Citizen Input/ Board Review: None. 10A-1 _ Legal Review: The proposed contract is being reviewed by the City Attorney. (4 Alternatives: The City Council can choose to construct Town Hall as a single bid package, in which case The Beck Company would be willing to provide cost and budget consulting services during the design phase. If this alternative is considered, Beck will work on a hourly fee and will only provide assistance as it relates to cost consulting and schedule review. If a single bid option is chosen, no construction work will begin until all design work is completed (approximately 8 months). In addition, the general contractor who receives the bid will have an overhead staff which will generally charge 10 - 15% of the project cost. The owner never sees these costs because they are typically "rolled" into the unit costs or lump sum bids for the various project elements; however, the City can expect to pay the $1.1 million in one way or another. It is also important to remember that these "general condition" or "overhead" costs are included in the total construction budget of the project ($12 million). Supporting Documents: 1) Construction Contracting Options report dated August 15, 1998 2) Proposed Contract Staff Recommendation: Staff recommends that the Mayor be authorized to enter into this agreement with The Beck Company. Approved for Submittal to City Council: Ak Ci anager's Office 10A-2 CONSTRUCTION CONTRACTING OPTIONS SOUTHLAKE TOWN HALL August 15, 1998 10A-3 Introduction The construction contracts for the Southlake Town Hall can be executed in two ways. (There are other contract options; however, they are either not allowed by state law, or would not be appropriate for this project.) The two options to be discussed are: 1. Standard Contract (single contract) 2. Staged Construction (multiple contract) The characteristic of both of these options will be discussed along with the organization structure and the responsibilities of the major parties in this project. Single Contract A single contract is best characterized by completing the design of the building and going out to bid for a single contract covering all construction elements of the project. Additional characteristics of this form of contracting are: Design - Design is complete prior to issuance of construction documents and specifications. Bidding - Project is bid as one complete project. General contractor is responsible for obtaining all subcontractors and specialty trades. Duration - The total project time and the start on construction is longer since the design needs to be completed prior to any bidding. Contract - City is responsible for administering one construction contract. Design Team - A construction expert skilled in price analysis, scheduling, and construction operations is not necessarily a part of the design team and may not be able to provide cost savings input during the early stages of design development. Construction Manager/General Contractor - The general contractor has no incentive to be part of the construction team. An adversarial relationship may develop between the owner and contractor. City Vigilance - Typically this type of contractor will require increased vigilance on the part of the City. Additional City personnel or consultants may be needed. 1OA-4 GCS Ability - The ability of the General Contractor may not be what the City expects and demands since the GCS is the "low"bidder. Staged Construction A staged construction project is characterized by multiple contracts with continual design development. Additional characteristics of this form of contracting are: Design - Design is being completed concurrently with construction of previous phases. Bidding - All construction subcontracts need to be bid in accordance with the State procurement regulations. Subcontractors can be "pre-qualified" prior to bidding by requiring experience, fiscal responsibility, pre-bid meeting attendance, etc. This pre-qualification will allow the city and the CM to weed out contractors that may not be able to take on a project of this importance. Duration - A shorter time frame is required for start of construction since construction can start prior to design completion. Contracts - Project will be divided into stages or phases and contracts will be awarded based on these stages. Stages are typically based upon the specialty or type of work, similar to subcontracts in a single contract project. Design Team - Since the Construction Manager is retained early in the process the design team will be able to provide better cost estimates and project planning. Construction Manager/General Contractor - In staged construction the need for a construction manager (CM) becomes important. The CM (generally a firm) becomes a member of the City's management team and provides management and technical resources that the City can not justify on a short-term basis. The fee structure charged by a CM is generally in the 10 - 15% range (based on construction costs). This is relatively the same as would be charged by the GC in a single contract project. The advantages of using a CM are that the City can control who the CM is, the CM becomes part of the team early and the CM can provide resources that the City would not want to provide. City Vigilance - Since elements of the project are being constructed while other elements are being designed, it is important to exert tight control over the design team and the various subcontractors to insure project coordination. 10A-5 Organization Duties and Responsibilities The organization proposed for implementation of this project is shown on the attached organizational chart. The duties and responsibilities of each entity will be described in order to understand the team and project responsibilities. t 1 OA-6 TOWN HALL PROJECT City Council Town Square I Development Team ja Project Manager Y, i Design Architect Architect of Record Construction Various Manager Professional Design Subcontractors Professionals 1OA-7 City Council City Council functions as the Board of Directors and is responsible for providing general direction to the project staff. As the project schedule is developed and refined there will be milestones for Council decisions. These decisions will deal with overall concepts and in some cases specific decision regarding aesthetic details and options. Town Square Development Team The Town Square Development Team is an ever changing group of staff personnel who are brought together to discuss operational and procedural issues. The corps members include the City Manager, Assistant City Manager, Assistant to the City Manager, all Directors and the Town Square Project Manager. Additional staff members are included depending on the items being discussed (communications, security, networking, landscaping, etc.). County representatives are included as the county space is developed and planned. As the design of the library facility progresses, personnel familiar with library needs will be invited to participate. Project Manager The Project Manager functions as the Owner's Representative on site and is responsible for providing day-to-day management functions. Responsibilities include: fir... • Coordinate all City and County input to the design and construction process. • Work with the architectural team and construction manager to develop bid packages. • Liaison for all input to architect. • Review and approve monthly pay requests • Coordinate daily and special inspections. • Provide design input and coordination based upon Council and Development Team direction. • Provide regular updates to Council. • Resolve disputes among subs. • Resolve design conflicts and changes. • Single point-of-contact for City • Coordinate off-site, non-project construction. Design Architect The Design Architect is responsible for the development of the overall aesthetics of the project. They will use the information developed in the space planning phase to generate floor plans and building mass (exterior size, shape and appearance). They will be involved during the progress of the project to insure that the original design intent is being followed. 10A-8 Architect of Record The Architect of Record (also known as the Production Architect) is responsible for taking the Design Architect's concepts and visions and producing the construction plans and specifications necessary to bid and construct the project. Specific responsibilities include: • Production of construction plans and specifications. • Hiring and management of all sub-consultants required for the facility design. • Preparation of all bid packages. • Review and verification of monthly pay requests. • Review of all shop drawings and material submittals. • Resolution of any design issues. • Development of details not contained in construction documents. • Issuance of plans and design modifications. • Development of as-built plans. Construction Manager In staged construction the selection of the Construction Manager takes the place of the general contractor. The Construction Manager has the overall responsibility to manage and coordinate all construction activities on the projects. Specific responsibilities include: • Development of bid packages (in cooperation with Architect of Record and Project Manager). • Development of cost estimates during the design stage. • Coordination of design (during design phase) to insure constructability. • Develop and monitor project schedule. • Coordinate all subcontractors. • Arrange and monitor all material orders and shipments. • Maintain survey control and network. • Maintain information for development of as-builts. • Perform general site maintenance. • Problem resolution. • Develop and prepare monthly pay requests. • Conduct all job meetings. • Process all shop drawings. • Insure proper safety program on site. Design Team 10A-9 The design team consists of all the architectural, engineering and specialty professionals required at various points in the design process. The coordination of these professionals is the responsibility of the Project Manager and Architect of Record. Most of the parties involved will be professional design firms; however, it is anticipated that the library planning will involve citizen participation since this facility was not included in the programming effort. Construction Team The construction team consists of all construction professionals required for the successful construction of this project. The coordination of these professionals is the responsibility of the Project Manager and Construction Manager. i� 10A-10 CONSTRUCTION MANAGER CONTRACT PROTECT: TOWN HALL CONSTRUCTION THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § THIS CONTRACT entered into by and between the CITY OF SOUTHLAKE,a municipal corporation of Tarrant County,Texas(hereinafter called"Owner"),AND HC Beck,Ltd.,a Texas general partnership,The Beck Company as general partner,authorized to conduct business in the State of Texas,with local offices located at 1700 Pacific Avenue, Suite 3800,Dallas,Texas 75202(hereinafter called"Construction Manager"or"Manager"). ARTICLE 1 THE PROJECT DESCRIPTION,REQUIREMENTS AND EXTENT OF AGREEMENT 1.1 The Manager accepts the relationship of trust and confidence established between it and the Owner by this Contract. It covenants with the Owner to furnish its best skill and judgement and to cooperate with the Architects and Architect's subconsultants on the Project in furthering the interest of the Owner. It agrees to furnish, in connection with the Project,all Phase I and Phase II services. Manager shall endeavor to promote furtherance of the Project in the best and most sound way and in the most expeditious and economical manner consistent with the interests of the Owner,and the requirements of the Contract Documents. 1.2 The Manager agrees to work under the direction of the Owner with the Architect and Owner's other consultants from design through,to the extent Owner supplements this Contract,final completion of the Project,including the final one-year warranty inspection and resolution of all outstanding Project-related claims or disputes. The Manager shall provide its expertise and services on all matters relating to design review;and following Contract supplementation,on all matters relating to Project construction. 1.3 It is understood that time is of the essence,and Manager agrees to undertake all necessary efforts to expedite the performance of services required herein,so that on-site construction of the Project can commence on schedule,and be substantially complete on or before October 31,2000,or any extension thereof granted by the Owner. In this regard,Manager shall immediately commence design review,value engineering,scheduling and budget related services in connection with the Work and will continue same. Manager shall proceed with sufficient qualified personnel necessary to expedite and fully complete all services required under this Contract in the highest professional manner consistent with the requirements of the Contract Documents. Manager's personnel assigned to the Project shall be subject to Owner's approval,and no change in key personnel set out in the proposal shall be made unless approved by Owner. Owner's decisions in this regard shall not be the basis for any claim for additional compensation by Manager. 1.4 This Contract shall be administered on behalf of the Owner by its Deputy Director of Public Works(hereinafter called the"Deputy Director")and all work hereunder shall be reviewed and approved for the Owner by the Deputy Director or designees. Manager shall fully comply with any and all directives from said Deputy Director or designees. 1.5 A schedule of performance of services hereunder shall be mutually agreed upon between Manager, Architect and Director which will enable the Project to proceed continuously to Substantial Completion. Except when caused by events beyond Manager's control,failure of Manager to maintain progress in accordance with the agreed schedule shall be grounds for declaring Manager in default. 1 QA-11 1.6 Manager understands that Owner intends to have the Project fully completed within the time and budget limits stated herein. Manager agrees to perform its services hereunder consistent with that intention. Further, it is understood and agreed by Manager that the Project is to be designed and built under construction bid packages utilizing multiple and concurrent construction contractors/ subcontractors. All such construction contracts awarded on the Project shall be publicly advertised for bid and awarded by the Owner. 1.7 For each division of the construction work,the Architect,under separate contract with the Owner, will produce, assemble and deliver to Manager(through Owner)Drawings and Specifications. Manager shall review the Drawings and Specifications as received and shall advise Owner within a reasonable period of time as to their acceptability, suitability,need for revisions and any areas in which the Drawings and Specifications increase the scope and cost of the Project,or extend the completion dates. ARTICLE 2 CONSTRUCTION MANAGER'S SERVICES 2.1.1 The Manager's services under this Contract shall consist of Design Phases and Construction Phases as described below. The description of services is necessarily general rather than specific and detailed,and shall not be construed so as to exclude any services customarily provided by experienced and competent construction management organizations incident to construction projects of the nature and scope of this Project. The divisions and description of services are intended only to add clarity and not in contemplation of fixed events whereupon the character of Manager's services will change from one type to another with respect to the Project,as it is anticipated that shortly after commencement of Work under this Contract,Manager will be simultaneously providing services identified in all divisions with regard to each portion of the Project. 2.2 DESIGN PHASE(Phase I Services 2.2.1 Manager shall: (1) attend regularly scheduled meetings with the Owner and the Architect during the development of the design and the contract documents and to advise on site use,foundations and improvements,selection of materials,building systems and equipment;and(2) provide recommendations on construction efficiency and feasibility,availability of materials and labor, time requirements for installation and construction,and factors related to cost including costs of alternative designs,equipment or materials,preliminary budgets,and possible economies,without, however,assuming the responsibilities of the Architect and consultants. 2.2.2 Manager shall develop and maintain the Progress Schedule(hereinafter called the"Schedule"), consisting of a coordinated and integrated Project Design Schedule and Project Construction Schedule,in a format that meets the approval of the Owner. The Schedule shall not exceed time limits set by the Owner and shall provide for expeditious and practicable execution of the Work. The Schedule shall include all construction shop drawing and submittal data requirements indicating for each the latest date to be submitted by Contractor and latest date for return by Architect. The Schedule shall indicate each critical task(the"predecessor"),of all the major construction activities of the Work,in a logical and sequential order(the"project network")which requires completion prior to commencement of the following task(the"successor"). Each task shall be tagged with the actual work time,exclusive of slack time,for accomplishment,the latest start date,the latest finish date,the value of that task,including all materials and labor associated therewith and the percentage of completion. The Schedule shall be revised and updated to reflect actual Project status with each Application for Payment. 2.2.3 Manager shall: (1)monitor the Construction Budget,which shall include all estimated Construction Manager compensation,including fees and reimbursable expenses; (2) prepare an estimate based on a quantity survey of the Drawing and Specifications for approval by the Owner BOA-12 as the Construction Budget; (3) update and refine this estimate for Owner's approval as the development of the Drawings and Specifications proceeds;and (4) advise the Owner if it appears that the Construction Budget will not be met and make recommendations for alternate action. 2.2.4 Manager shall review the Drawings and Specifications as they are being prepared,on the basis of value engineering,and recommend alternative solutions whenever design decisions,plans and details adversely affect construction efficiency and feasibility,budgeted costs or schedules. 2.2.5 Manager shall recommend the purchase or lease and procurement of long-lead items to endeavor to assure delivery by the required dates. 2.2.6 Manager shall make recommendations to Owner regarding the division of construction work in the Drawings and Specifications to facilitate the bidding and awarding of contracts,allowing for phased construction,taking into consideration such factors as time of performance,minimization of work-site interference,on-time material and equipment procurement,availability of labor, overlapping trade jurisdictions,provision of temporary facilities,coordination and sequencing of the Project,and minimization of overall Project costs,and availability of the worksite. 2.2.7 Manager shall review design and contract Drawings and Specifications with Owner to assure: (1) efficiency in the use of materials and methods of construction;and(2) coordination among the plan sheets and among the various bid packages. Manager shall endeavor to eliminate areas of conflict and overlapping in the phased construction packages to be performed by the various contractors/subcontractors. Manager shall also assist Owner in determination of wage rates and requirements for equal employment opportunity and minority business enterprise programs for inclusion in bid packages. 2.2.8 Manager shall indicate by written memorandum to Owner,with qualifications where necessary, review and approval as to construction feasibility and for bidding purposes of the Architect's final contract Drawings and Specifications for every division or bid package of the Project,prior to final approval by Owner and public advertising for bids. Such review and approval as to construction feasibility,however,shall not be deemed an assumption by Manager of any of the Architect's responsibilities,including errors and omissions in design. The Owner's standard bid documents and forms, including the current City of Southlake adopted General Conditions of the Contract for Construction and Supplementary General Conditions of the Contract for Construction,Instructions to Bidders,Bid Bond,Performance and Payment Bonds,Wage Rates, and other standard City bid forms applicable to this Project,shall control the legal relationship between the Owner,the Manager and the contractors/subcontractors,insofar as the actual performance of the construction work is concerned and the rights and duties of parties in connection therewith. Provided,however,that where conflict exists between such documents and this Contract,the provisions of this Contract shall be controlling. Manager shall assist in the production of each set of final bid documents for each phase of the Project by combining the Owner's standard bid documents and forms with the Architect's final approved Drawings and Specifications,with such Special Provisions as may be necessary and for which Manager shall be responsible for developing. In the event the Owner elects to assign the phased construction work to Manager following award by the Owner,each resulting subcontract between the Manager and the successful low bidder shall incorporate the corresponding set of final bid documents. 2.2.9 Manager shall: (1) endeavor to develop contractor interest in the Project as contract Drawings and Specifications are completed;(2)jointly with the Architect and Owner,establish the bid schedules and schedules for pre-bid conferences,including on-site visits to endeavor to assure that prospective bidders understand the various site conditions,availability,coordination and scheduling requirements;and(3)develop a set of standards to pre-qualify prospective bidders. 2.2.10 Guaranteed Maximum Price. Prior to completion of Manager's Design Phase Services,Manager shall develop and submit to Owner a Guaranteed Maximum Price("GIMP")based on the Architect's finished Design Development Drawings,with a full list of construction and 1 OA-13 performance items,additive and deductive alternates,and including Manager compensation for fees and reimbursable expenses,all within the Construction Budget. Since construction is likely to commence on only a portion of the Project,with a separate phase(or phases)to be performed later,Owner may require Manager to submit separate GMP's for each phase of construction as Design Development Drawings are completed. 2.2.11 The Construction Budget for this Project is$12,000,000. These amounts are established as a condition of this Contract and shall provide the basis for Construction Manager's decisions and recommendations. Construction Manager,in consultation with Owner and in cooperation with the Architect,shall determine what materials,equipment,component systems and types of construction are to be included in the contract documents and recommend adjustments in the scope of the Project to assure that the Construction Budget is not exceeded.. 2.2.12 With Owner's approval,Construction Manager may include alternate bids within the Contract Documents to adjust construction costs in order to assure that the Construction Budget is not exceeded. 2.2.13 All of the Manager's documentary work product under this Contract shall be the property of the Owner;and upon completion of this Contract,such documentary work product shall be promptly delivered to Owner in a reasonably organized form without restriction on its future use. Any necessary work product lost or destroyed by the Manager shall be replaced or reproduced at the Manager's sole cost. In addition,Owner shall have access during the effectiveness hereof,and for three years after Contract termination,to all of Manager's records and documents in connection with this Contract for purposes of auditing same at the sole cost of the Owner. Nothing herein shall deny Manager the right to retain duplicates. Refusal by Manager to comply with the provisions hereof shall entitle Owner to withhold further payments to Manager until compliance is obtained. 2.2.14 Manager shall not be considered an employee of the Owner,but shall occupy the status of Independent Contractor with the Owner. Manager shall perform its tasks and duties consistent with such status,and will make no claim or demand for any right or privilege applicable to an officer or employee of the Owner,including,but not limited to,worker's compensation,disability benefits,accident or health insurance,unemployment insurance,social security or retirement membership. 2.3 CONSTRUCTION PHASE(Phase II Services) 2.3.1 In accordance with the agreed schedule,all construction contracts awarded on this Project shall be publicly advertised for competitive bids and awarded by the Owner,and may be assigned to and entered into by the Manager,who will then act in a dual capacity of providing continuing construction management and construction supervisory services,the successful bidders in each instance in turn constituting Subcontractors in privity only with the Manager. Manager hereby accepts the assignment of such contracts to be awarded by Owner following public advertisement for competitive bids,in accordance with the terms of this Contract,subject to compliance with the provisions of Section 4.2 of this Agreement. Owner shall look to Manager and not individual Subcontractors for the completion of the Project,the full responsibility for the construction of which Manager hereby acknowledges and accepts,as a part of Manager's Construction Phase services. No assignment hereunder,however,shall extend to or affect the ownership of the Project,which shall remain the sole property of the City of Southlake. By execution hereof,the Owner represents and warrants to Manager that the advertisement for bids and award of contracts by the Owner pertaining to the Project shall comply with all applicable laws of the State of Texas. 2.3.2 Manager shall continue to develop Subcontractor interest in the Project as working Plans and Specifications are fully completed. Jointly with Architect and Owner,Manager shall(1)establish bid schedules and conduct pre-bid conferences,including on-site visits to endeavor to assure that bidders understand the various site conditions,coordination and scheduling requirements;and(2) 10A-14 analyze the bids,conduct pre-award conferences and negotiations with successful bidders and recommend to the Owner the bids to be accepted or rejected, within 10 days of receipt of bids. The recommendations shall include advice on acceptability of lower-tier subcontractors and suppliers proposed by bidders,as well as proposed"or equal"product substitutions,if any. 2.3.3 Owner agrees to perform its responsibilities so as to assist Construction Manager to facilitate the completion of the Work and represents to Construction Manager that there will be sufficient funds available to pay Construction Manager up to the Guaranteed Maximum Price of S 12,000,000,as adjusted by any Change Order. The Guaranteed Maximum Price,unless changed by Supplemental Agreement or Change Order,represents the absolute limit of obligation or liability that Owner may ever have insofar as the cost for full and final completion of the Work,including construction of the Project(except for Construction Management Fee),and the total of all payments to Construction Manager or its Subcontractors are concerned. Should additional amounts be required to be expended,over and above the Guaranteed Maximum Price,to achieve completion of the Work, including Project construction, and payment to Construction Manager,in accordance with this Contract, liability for any payment of such additional amounts shall be the. sole responsibility of Construction Manager,and Owner shall never be liable for same. Should the final Cost of the Work and Construction Manager's compensation total less than the Guaranteed Maximum Price,or any approved revision thereof,the difference shall inure to the benefit of Owner and no claim for all or any portion of said difference shall be valid against or payable by Owner. The Owner's limitation of obligation or liability set out in this Paragraph 2.3.3 shall be incontrovertible and unequivocal;any term or provision of the Contract,the Exhibits hereto, or of any Subcontract executed in furtherance of the anticipated construction hereunder shall not be construed or deemed to alter or waive this absolute condition. Likewise,Construction Manager's absolute responsibility for the completion of the Project in accordance with the Construction Contract Documents, including the Plans and Specifications, and within the agreed cost constraints,as well as Construction Manager's agreement to bear all costs in excess of the Guaranteed Maximum Price,without recourse to the Owner,if such excess costs are necessary for the completion of the Work,including Project construction,shall be incontrovertible and indisputable,and shall take precedence over all other terms and provisions of this Contract and the Exhibits hereto,no part of which shall be deemed to alter,diminish or waive such obligations. 2.3.4 In addition to the services Construction Manager will perform under this Phase,it will also provide all the usual and necessary traditional construction management services,including those identified hereinbelow, incident to construction projects of the nature and scope of this Project. It is understood that Construction Manager will be exercising a dual role during this Phase and that many of the services provided will overlap by their very nature. The identified services set out hereinbelow are not intended in any manner to diminish the overall responsibility of Construction Manager for the full and final completion of the Work,including Project construction,within the time and cost constraints specified herein. Such services are as follows: 2.3.4.1 Maintain a competent,qualified, full-time staff to coordinate and provide direction of the Work and progress of the Subcontractors on the Work,so as to complete same in accordance with the Contract Documents. 2.3.4.2 Establish an on-site organization and lines of authority in order to accomplish the Work in accordance with the approved and accepted Plans and Specifications. Prepare and submit,for Owner's review and approval,an Organization Chart showing staff personnel,job classifications pertaining to the Work,same to be updated periodically. Following Owner's approval of Manager's Project Manager,such Project Manager shall not be replaced or reassigned to another project without Owner's consent. Following such consent,any replacement Project Manager must receive Owner's approval. Owner retains the right to request replacement of any employee assigned by Manager to the Project. 2.3.4.3 Establish procedures for coordination among the Owner,Architect,Subcontractors and Construction Manager pertaining to the Work and implement such procedures. Establish 1OA-15 emergency procedures and provide protection of the Project,equipment,machinery,tools and materials. 2.3.4.4 Schedule and conduct progress meetings at which Subcontractors,Owner,Architect,other design consultants(as necessary)and Construction Manager may discuss jointly such matters as procedures,progress,problems and scheduling. 2.3.4.5 Assist the Subcontractors in providing to the Owner and the Construction Manager a detailed schedule for the operations of Subcontractors on the Work,including activity sequences and durations,allocation of labor and materials,processing of shop drawings and samples,and delivery of products requiring long lead time procurement. 2.3.4.6 Provide regular monitoring of the Project Time Schedule as the Work progresses. Identify potential variances between scheduled and probable completion dates. Review schedule for construction not started or incomplete and recommend to the Owner and Subcontractors adjustments in the Project Time Schedule to meet the completion date. Provide summary reports of each monitoring and document all changes in the Project Time Schedule. 2.3.4.7 Review and recommend as to the adequacy of the Subcontractors'personnel and equipment and the availability of materials and supplies to meet the Project Time Schedule. Recommend courses of action to the Owner when requirements of a Subcontractor are not being met. Implement such courses of action as are required. Terminate or suspend Subcontractors,as necessary,with the prior approval of the Owner. In the event of termination of a Subcontractor,whether for cause or convenience,Manager shall proceed as expeditiously as possible on behalf of the Construction Team and in the best interests of the Owner,subject to review and approval by the Owner,in the following manner to secure a replacement Subcontractor: (a) In accordance with the General and Supplementary General Conditions and other `�.. applicable Subcontract procedures,make demand upon,consult and negotiate with the surety of a terminated Subcontractor to obtain a replacement,if the termination is the result of a default,and enter into a Subcontract with the surety-proposed replacement Subcontractor upon approval of the Owner; (b) in the event of termination for convenience or in the event the surety fails or refuses to perform in a default situation,assist the Owner as provided under the Contract to secure a rebid of that portion of the Work affected,if the Owner elects to rebid or determines that a rebid is required;or (c) if the Owner determines that rebidding is not required or desired under(b),negotiate and enter into a Subcontract with a replacement Subcontractor(with approval of the Owner), or perform the work with Manager's own forces,in accordance with the rules set forth in Paragraph 4.2 of this Agreement. 2.3.4.8 Develop and monitor a system of cost control. Revise and refine the initially approved Project Construction Budget; incorporate approved changes as they occur,and develop cash flow reports and forecasts as needed. Identify variances between actual and budgeted or estimated costs and advise Owner and Architect whenever projected cost exceeds budgets or estimates. 2.3.4.9 Develop and implement a system for review and processing of Change Orders. Recommend necessary or desirable changes to the Owner and the Architect,review requests for changes, submit recommendations to the Owner and the Architect,and assist in negotiating Change Orders, in accordance with paragraph 8.1.3 hereinbelow. 2.3.4.10 Develop and implement a procedure for the review and processing of applications by Subcontractors for progress and final payments. 10A-16 2.3.4.11 Obtain all permits and insure that all Subcontractors obtain permits for inspection or temporary facilities required to be obtained directly by the various Subcontractors. Obtain approvals from all the authorities having jurisdiction. 2.3.4.12 If required,assist the Owner in selecting and retaining professional services of a surveyor,testing laboratories and special consultants,and coordinate these services. 2.3.4.13 Inspect the work of Subcontractors to guard the Owner against defects and deficiencies,without assuming any of the Architect's responsibilities,such as and including errors and omissions in design. This inspection by the Construction Manager during the Construction Phase shall not relieve the Subcontractors from their responsibilities for construction means,methods,techniques, sequences and procedures,nor from their responsibility to carry out the construction work in accordance with the Contract Documents. 2.3.4.14 Coordinate and enforce the Safety Program established for this Project. Work with the Owner to identify safety issues and ways to reduce the risk of accidents on the Project. Review and coordinate the safety programs of each of the Subcontractors and make appropriate recommendations to the Owner. The performance of such services by the Construction Manager shall not relieve the Subcontractors of their responsibilities for the safety of persons and property, and for compliance with all federal,state and local statutes,rules,regulations,ordinances and orders applicable to the conduct of the Work. However,the Construction Manager is responsible for the implementation of the Safety Program. Inclusive within the Safety Program are the Subcontractors' safety programs. The Manager shall act as the Safety Program Leader,however, ultimate safety implementation in the field shall be the responsibility of the Subcontractors. 2.3.4.15 Refer all questions relative to design to the Architect. 2.3.4.16 In collaboration with the Architect,establish and implement procedures for expediting the processing and approval of shop drawings and samples. Monitor factory inspection and testing of items fabricated outside the Project area. 2.3.4.17 Record the progress of the Work by submission of written progress reports to the Owner and the Architect,including information on the Subcontractors'work and the percentage of completion. Maintain a detailed daily log of job-site events,which will be provided to Owner and Architect weekly. Provide to the Owner a monthly project report, including written narrative,progress photos, schedule updates and budget updates. 2.3.4.18 Maintain at the Project site,on a current basis,records of all Subcontractors,Plans and Specifications received from the Architect,standards,shop drawings,samples,purchases, materials,equipment,maintenance and operating manuals and instructions,and any other documents and revisions thereto which arise out of the Work. Obtain data from Subcontractors and maintain a current set of record Drawings,Plans and Specifications received from the Architect. At the completion of the Work,deliver all such records,including a full set of As-Built Drawings,operating manuals and warranties received from the Architect,to the Owner. 2.3.4.19 Secure from all Subcontractors and lower tier subcontractors prior to commencements of Work required Certificates of Insurance and,upon the request of Owner,certified copies of policies, evidencing proper insurance coverage to be in force. Maintain these Certificates and policies along the job-site records and provide copies of same to Owner for his records upon request. 2.3.4.20 Submit data for determination by the Architect of the Date of Substantial Completion of the Project or designated portions thereof and prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. Assist the Architect and Owner in conducting inspections and supervise the correction and completion of all construction work. 10A-17 2.3.4.21 With the Owner's maintenance personnel,direct the checkout of utilities,operational systems and equipment. 2.3.4.22 Submit data for determination by the Architect of the Date of Final Completion and provide written notice to the Owner and Architect that the Project is ready for Final Inspection. Secure and transmit to the Architect required guarantees,affidavits,warranties,releases,bonds,consents of sureties and waivers. Turn over to the Owner all keys,operating equipment,maintenance stocks,maintenance manuals,parts lists, and as-built drawings received from the Architect. 2.3.4.23 Conduct,with the Owner and Architect,post-completion inspections during the one-year warranty period to ascertain the existence of defects in material and workmanship and determine the necessity for correction of same. Assign,if possible,the causes of same,the responsible Subcontractor,and recommend reasonable corrective action. Aid the Owner in obtaining such corrective action and in filing insurance and bond claims where coverage is available. Ultimate responsibility for correcting defects in material and workmanship shall rest with the Construction Manager at no expense to the Owner. 2.3.4.24 Conduct with the Owner and Architect a Final Warranty Inspection within thirty(30)days of the end of the one-year warranty period. 2.3.4.25 Fully and completely settle,by litigation or otherwise,all Subcontractor claims arising out of the construction of the Project,without directly involving the Owner,unless such claims result from an action or omission to act by the Owner. Provided,however,that the Owner reserves the right, at Owner's sole election,where the claim of a Subcontractor would necessitate a Change Order increasing the Subcontract Sum,to make a reasonable audit of all books,records,accounts and other data of the Subcontractor relating to the claim and to overall performance of the Subcontract prior to approval of any claim. Manager shall provide for Owner's right to audit claims and other Change Order requests in its form subcontract with each Subcontractor. ARTICLE 3 TERM 13.1 Unless sooner terminated in accordance with the applicable provisions hereof,or extended by supplemental agreement approved by the City Council,the Term of this Contract shall be from ,until final completion of Phase II Construction Phase Services in connection therewith, including construction of the Project,the final one-year warranty inspection, correction of defects and deficiencies in the Work,including construction work, and final resolution of any outstanding Project-related claims or dispute." ARTICLE 4 TRADE CONTRACTS 4.1 All construction work,other than professional and personal services that the Construction Manager customarily performs with its own field staff,shall be performed under Subcontracts. 4.2 Award of each construction Subcontract shall be made to the lowest responsible bidder whose bid is responsive to the bid invitation,provided the low bid is within the amount specified for the bid item. However,if the Subcontract bids which are received exceed the amount established,one or more of the following initial procedures will be undertaken at Owner's election following submission of the recommendation of the Construction Manager: (1) deletion of non-essential bid alternates to try to bring the bid within the amount established,but without reducing the scope of the work unless Owner approves; (2) reject all bids and rebid; (3) redesign to lower the cost to the budgeted amount,but only with the Owner's consent,and rebid; (4) proceed with the award using,with Manager's consent,funds contained in the"Construction Manager's Contingency"(i.e.,uncommitted budgeted funds or funds saved from prior awards,which were below the established line item amounts)to pay the excess here. In the event procedures(1),(2) 10A-18 or(3)are undertaken,Construction Manager will provide Owner with a subsequent recommended procedure. By execution hereof,the Owner represents and warrants to Construction Manager that any advertisement for rebids and award of contracts by the Owner specified in this Paragraph 4.2 shall comply with all applicable laws of the State of Texas. If no bids are received on a particular item,the Owner shall rebid the item. 4.3 All Subcontractor bids must be accompanied by a suitable bid guaranty, in the form of a cashier's check,letter of credit or Bid Bond, as required by Owner,conditioned upon the execution of the subcontract for which the bid was submitted in the event of an award by Owner or Construction Manager. Such cashier's check,letter of credit or Bid Bond shall name both the Owner and Construction Manager as joint payees or obligees,respectively. In the event of default,the penal amount of the bid guaranty shall be deposited with the Owner and accounted for by adding same to the applicable line item. 4.4 With the approval of the Owner,the Construction Manager may provide incidental labor and materials in connection with its professional services at the job-site that cannot be economically or reasonably contracted to others or which cannot be purchased under competitive bidding. Such incidental labor and materials shall be provided only as allowed under State of Texas procurement regulations,and shall be pre-approved by the Owner. 4.5 The form of the Subcontract shall be the Construction Manager's standard form,adjusted to conform with the requirements of this Contract. The Subcontract form shall include a full indemnification of the Owner and the Architect,and shall contain such other clauses as may be required to fully protect Owner's interests. It shall be the responsibility of Construction Manager to make payment properly due the Subcontractors from funds paid to Construction Manager by Owner for that purpose,subject to the provisions of this Contract,pursuant to applications submitted for payment,with certification given to Owner following such payment. ARTICLE 5 DATE FOR SUBSTANTIAL COMPLETION; LIQUIDATED DAMAGES AND EXTENSIONS 5.1 Subject to receipt of a notice to proceed with the Work,the Project shall be Substantially Complete on or before October 31,2000. For unexcused failure to substantially complete the Project on or before October 31,2000,or any extension thereof granted by Owner,Owner shall be entitled to recover from Construction Manager or his Surety,liquidated damages in the amount of $500 per day for each calendar day after October 31,2000 that the time for Substantial Completion of the Project exceeds the date specified herein for Substantial Completion. The amounts are agreed to and stipulated by the Parties not as a penalty,but as a just and reasonable forecast of the damages the Owner would sustain in the event of Manager's breach of performance,the calculation of actual damages being impractical,uncertain and extremely difficult to ascertain with precision. Such stipulated amount shall be recovered by deducting same from the monies due,or to become due,Construction Manager,and if same be insufficient to cover the amount of liquidated damages owing,the Construction Manager or his Surety shall pay the additional amounts due. 5.2 If the Construction Manager is delayed at any time in the orderly progress of the Work by any act, neglect,or failure to act by the Owner or the Architect or by any employee,officer,official, department,or representative of either,or by any separate contractor employed by the Owner,or by changes ordered in the Work,or by labor disputes,fire,unusual delay in transportation, unavoidable casualties or any other causes beyond the Construction Manager's control,or by delay authorized or directed by the Owner,the date for Substantial Completion of the Project shall be extended by Change Order for a reasonable length of time. However,such extension will be granted only if the delay cannot reasonable be made up elsewhere in the Project Time Schedule. 1 OA-19 ARTICLE 6 CONSTRUCTION MANAGER'S FEE FOR CONSTRUCTION MANAGEMENT SERVICES 6.1 In consideration of the performance of Construction Management services under this Contract,the Owner agrees to pay the Construction Manager a Construction Manager's Fee as set forth in Paragraph 6.1.1. 6.1.1 For all Construction Management services performed during this Project(Phase I and Phase II), the Owner shall pay the Construction Manager a Fee of three and one quarter percent(3.25%)of the total"Cost of the Work",as defined in Article 8 of this Agreement. Such Fee shall be paid in monthly installments in proportion to percentage of the Work completed, subject to five percent (5%)retainage. Any balance(including retainage)of this Fee shall be paid at the time of final payment. However,in no event shall the total amount of this Fee,all other compensation and Cost of the Work due Construction Manager exceed the Guaranteed Maximum Price,subject to adjustment by Change Order. 6.2 Included in the Construction Manager's Fee are the following expenses related to the Work: 6.2.1 Salaries or other compensation of the Construction Manager's employees at the principal office and branch offices,except employees listed in Subparagraphs 7.2.1 and 7.2.2 of this Supplemental Agreement. 6.2.2 General operating expenses of the Construction Manager's principal and branch offices other that the field office 6.2.3 Any part of the Construction Manager's capital expenses,including interest on the Construction Manager's capital employed for the Work. 6.2.4 Profit,overhead or general expenses of any kind,except as may be expressly included in Article 7 of this Agreement. 6.3 Monthly invoices for the payment of Construction Manager's Fee as set out hereinabove shall be submitted as part of the Construction Manager's itemized Application for Payment under Article 10 of the General and Supplementary General Conditions of the Contract Documents. ARTICLE 7 COST OF THE WORK 7.1 The term"Cost of the Work"shall mean costs necessarily incurred in the performance of the Work during the Construction Phase,and paid or payable by the Construction Manager,and not included in the Construction Manager's Fee as set forth in Article 6 of this Agreement. The fee associated with this is$1,110,000. This is a maximum fee payable over the duration of the project and will be paid in accordance with Article 7.1.1. 7.1.1 The Owner agrees to pay the Construction Manager for the Cost of the Work as defined in this Article 7,subject to submission by Manager of all back-up substantiation as may be reasonably required by the Owner's Deputy Director. Such payment shall be in addition to the Construction Manager's Fee specified in Article 6. However, in no event shall the sum of payments for the Cost of the Work,Construction Manager's Fee and any other Construction Manager compensation exceed the Guaranteed Maximum Price,as adjusted by Change Order. 7.2 Cost items. 7.2.1 Wages paid for labor in the direct employ of the Construction Manager in the performance of the Work under any applicable collective bargaining agreement,or under a salary or wage schedule 1OA-20 agreed upon by the Owner and Construction Manager,and including reasonable and customary benefits,if any,as may be payable with respect thereto. Such costs shall be at rates not higher than the standard pay in the locality of the Work except with prior consent of the Owner,and shall include the items set forth below in this Article. The reasonable cost of drug testing for all of Manager's employees or applicants utilized on or hired for the Project,whether management or labor,shall also be a Cost of the Work. 7.2.2 Salaries of Construction Manager's employees at or below the level of Senior Project Manager, when engaged on the Work and stationed at the Field Office,in whatever capacity employed. Employees engaged,at shops or on the road,in expediting the production or transportation of materials or equipment,shall be considered as stationed at the field office and their salaries paid for that portion of their time spent on this Work. 7.2.3 Cost of reasonable and customary pension contributions,hospitalization insurance,medical insurance,assessments or taxes for such items as unemployment compensation and social security, insofar as such cost is reasonably based on wages,salaries,or other remuneration paid to employees of the Construction Manager and included in the Cost of the Work under Subparagraphs 7.2.1,7.2.2,7.2.24 and 7.2.25 herein. 7.2.4 With prior Owner approval,the proportion of reasonable travel and hotel expenses incurred outside of the Dallas/Fort Worth metropolitan area by the Construction Manager's officers or employees in discharge of duties directly connected with the Work. 7.2.5 Cost of all materials,supplies and equipment incorporated in the Work, including costs of transportation thereof. 7.2.6 Payments made by the Construction Manager to Subcontractors for Work performed pursuant to Subcontract,entered into in the performance of this Contract. 7.2.7 Cost, including transportation and maintenance,of all materials,supplies,equipment,temporary facilities and hand tools not owned by the workmen,which are employed or consumed in the performance of the Work,and cost less salvage value of such items used but not consumed which remain the property of the Construction Manager. 7.2.8 Cost to erect and maintain fencing around the work site. Such fence is intended to prevent or discourage unauthorized entry on the premises,provide for safety of adjacent property and persons on such property,and to allow for observation of construction progress by passers-by(sidewalk superintendents). 7.2.9 In connection with Manager's professional services and with prior Owner approval,rental charges of all necessary machinery and equipment,exclusive of hand tools,used at the site of the Work, whether rented from the Construction Manager or others,including installation,repairs and replacements,dismantling,removal,costs of lubrication,transportation and delivery costs thereof, at rental charges consistent with those shown in the then current AED Manual. Provided further, that with respect to equipment and machinery rented from the Construction Manager,the rental rate shall not exceed 75%of the current AED Manual rental charges,and shall in no event cumulatively exceed the value of such equipment or machinery at the commencement of the rental period. Should rental charges reach such value for equipment and machinery rented from the Manager,same shall thereafter belong to the Owner,to be disposed of in accordance with Article 9 below. Manager shall furnish the Owner with a list,to be updated monthly,of all equipment furnished for the Project for which Owner reimburses Manager as a part of the Cost of the Work. Equipment and machinery rented which becomes property of the Owner pursuant to this paragraph shall be delivered to Owner upon final completion and acceptance by Owner of all Work under the Project. 10A-21 7.2.10 Cost of the premiums for all bonds and insurance coverage required by this Contract,or deemed necessary by the Construction Manager, in the normal pursuit of the Work. Premiums for company-wide coverage will be pro-rated on the basis of value of Work completed during the premium period. Cost of(payment of)all deductible amounts,not otherwise recoverable from third parties or not the result of a claim based upon Manager's negligence,under any insurance furnished by the Owner,or under insurance policies required by this Contract or deemed necessary by the Construction Manager in the normal pursuit of the Work. 7.2.11 Taxes, if any,related to the Work. However,as Owner qualifies for exemption under Section 151.309 of the Texas Limited Sales,Excise and Use Tax Act,Construction Manager shall alert all Subcontractors to prevent erroneous payment of taxes covered by this exemption,and shall use separated contracts,as described in the Owner's Supplementary General Conditions,to insure that sales tax is not paid or passed through to the Owner on tangible personal property incorporated into the Project Work. Any erroneous payment of sales tax shall not be reimbursed by the Owner. 7.2.12 Permit fees,licenses,tests,royalties; deposits lost for causes other than the Construction Manager's negligence. 7.2.13 Minor expenses such as telegrams, long-distance telephone calls,telephone service at the site, expressage,and similar petty cash items in connection with,and for the benefit of,the Work. 7.2.14 Cost of removal of debris. Removal of debris left by other contractors hired by the Owner is not a part of this Contract. Management of any program to maintain site conditions. 7.2.15 Cost incurred due to an emergency affecting the safety of persons and property. 7.2.16 Other costs incurred in the performance of the Work,if and to the extent approved in advance in writing by the Owner. 7.2.17 The reasonable,actual direct cost of data processing services as required for the Project. Such costs shall be specifically documented as having been done for the Project. 7.2.18 Legal costs growing out of prosecution of the Work for the Owner will only be reimbursable if such were incurred for the direct benefit of the Owner and with prior written approval of Owner. 7.2.19 Cost or rental of temporary portable buildings and toilets as required;cost of utilities,ice,water, containers,cups,fire extinguishers,first-aid supplies,safety equipment,off-site storage space or facilities,progress photographs or video tape records;Owner's project office. 7.2.20 All reasonable costs and expenditures necessary for the operation of the field office,such as stationery,supplies,blueprinting,furniture,fixtures,office equipment,etc. 7.2.21 Costs incurred by the Construction Manager in preparing and maintaining progress schedules, budgets and reports required hereby. 7.2.22 Service fees assessed by Associated General Contractors of America and the Associated Building Contractors,but only as they relate to this Work. 7.2.23 The reasonable,actual direct cost of computer services,including jobsite and main office terminal, for purposes of field payroll preparation and control. Such costs shall be specifically documented as having been done for the Project. 7.2.24 Manager shall be responsible for enforcing warranties and for obtaining correction and/or replacement of all defective work not constructed or installed in accordance with the Contract Documents. All such corrective or remedial work required by the Contract Documents shall be performed by the responsible Subcontractors under the terms of their Subcontracts,without 1OA-22 additional cost to the Owner. Costs incurred by Manager to correct or remedy work performed by Manager's own forces,or where the responsible Subcontractor fails to perform,shall not be a Cost of the Work, and shall be Manager's sole responsibility,at no additional cost to the Owner; provided,however,Manager shall be entitled to the proceeds of any Subcontractor maintenance bond,where such Subcontractor has defaulted in this regard. 7.2.25 Where not otherwise included in the Cost of the Work under Subparagraphs 7.2.17,7.2.21 and 7.2.23,cost of central accounting services in connection with the Work, such as payment of invoices,maintaining material cost records,computer services,preparation of W-2 Reports, payroll tax reporting and preparation of other reports. 7.3 If,after a substantial loss from fire,flood,or similar cause not due to the default or neglect of the Construction Manager,the Construction Manager is put in charge of reconstruction,the Construction Manager shall be paid a fee for its services proportionate to the fee specified in Article 7 of this Agreement. Any such reconstruction work shall be considered part of the Scope of the Work,except that the Manager's Fee under the Guaranteed Maximum Price shall be adjusted accordingly,unless otherwise reimbursed by the proceeds of insurance,or through utilization of the procedure set out in Paragraph 8.1.2 below. ARTICLE 8 CHANGES IN THE WORK 8.1 Change Orders 8.1.1 Subject to Paragraph 8.1.2 below, Owner,without invalidating the Contract,may order Change in the Work consisting of additions,deletions or other revisions,the Guaranteed Maximum Price and the Project Time Schedule being adjusted accordingly where necessary. All Changes in the Work shall be authorized by a fully executed Supplemental Agreement hereto,or by a Change Order in accordance with Article 7 of the Supplementary General Conditions of the Contract Documents for the applicable bid package. In this regard,all Subcontracts shall contain a provision entitling Owner to make changes in the Plans or Specifications after performance has commenced,or to decrease or increase the quantity of Work to be performed or materials,equipment or supplies to be furnished;provided,however,that the original Subcontract price shall not be increased more than twenty-five percent(25%). 8.1.2 Following receipt of Subcontractor bids by Owner amounting to 75%of the value of Subcontract line item amounts,the Construction Team shall continue to review the revised line item amounts, adjusted to reflect the actual Subcontract amounts. Where review indicates an over-all savings in the line items,based upon bids received below original estimates,resulting in an increase in the "Construction Manager Contingency"line item,Owner shall,at that time and subsequently during the term of the Contract,be authorized to transfer all amounts in excess of$200,000 from the "Construction Manager Contingency"to the"Owner's Contingency",and to order necessary additive Change in the Work,without increasing the GMP. Any use by the Owner of the original or adjusted"Owner's Contingency"will be made without increasing the GMP. Owner may,at its option,utilize the"Construction Manager Contingency"balance for additive Changes in the Work;however,Deputy Director shall acknowledge,in writing,the additive Change as being outside the original Scope of the Work,in order that Manager may be entitled to a subsequent credit to the"Construction Manager Contingency"line item(addition to the GMP)for the amount of such portion utilized for such additive Changes in the event the"Construction Manager Contingency"line item amount is insufficient for its intended purpose under this Contract. 8.1.3 All Change Orders shall be specific and final as to prices and extensions of time,with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. Any Change Order affecting one Subcontractor shall include all changes necessary to all Subcontractors. No action or omission to act by Owner or Engineer,or acceptance and approval of a Change Order,shall be 1OA-23 deemed a waiver,release,revision,modification or deletion of this absolute condition;and any reservations or other provisions in a Change Order allowing for future additional money or time, over and above the specific prices and extensions granted therein,shall be deemed null and void, or otherwise unenforceable and withdrawn. 8.2 Claims for additional cost. 8.2.1 If the Construction Manager wishes to make a claim for Additional Services directed by Owner, necessitating an increase in the Guaranteed Maximum Price,or necessitating use of contingency funds,it shall give the Owner written notice thereof after the occurrence of the event giving rise to such claim. No such claim shall be valid unless so made. This notice shall be given by the Construction Manager before proceeding to execute the work,except in an emergency endangering life or property,in which case the Construction Manager shall act,at his discretion,to prevent threatened physical damage,injury,or loss. Any change in the Guaranteed Maximum Price or in the Construction Manager Contingency line item resulting from such claim may only be authorized by Change Order. However, it is understood and agreed that one of Construction. Manager's primary duties is the anticipation and avoidance of potential claim situations. 8.2.2 All claims and disputes between Manager and Owner shall first be submitted to Architect for review and evaluation. Architect shall timely submit in writing its findings,conclusions and recommendations to Owner,copy of same to Manager. Further,under the conditions described in Paragraph 8.1.2 hereinabove,and in the manner set forth therein, Owner may,after validation of Manager's claim,authorize an additive Change Order with regard to that claim,without increasing the Guaranteed Maximum Price at that time. 8.3 Minor Changes in the Work. 8.3.1 The Architect shall have authority to order minor Changes in the Work,within the Scope of the Work,not involving additional cost or an extension of the Project Time Schedule and not inconsistent with the Contract Documents. Such Changes may be effected by Field Order. Such Changes shall be binding on the Owner and the Construction Manager,provided notice and reasonable opportunity to object have been given. 8.4 Field Orders. 8.4.1 The Architect may issue written Field Orders which interpret the Plans and Specifications or which order minor Changes in the Work in accordance with Paragraph 8.3.1 above,without change in the Guaranteed Maximum Price or extension of the Project Time Schedule. 8.5 Emergencies. 8.5.1 In an emergency affecting the safety of persons or property,the Construction Manager shall act,at its discretion,to prevent threatened physical damage,injury or loss. Any additional compensation or extension of time claimed by the Construction Manager on account of emergency work shall be determined as provided in this Article. ARTICLE 9 DISCOUNTS,REFUNDS, SALES OF SURPLUS MATERIALS,ETC. 9.1 All discounts, if realized, for prompt payment shall belong to the Owner and shall be accounted for in the applicable line item. All trade discounts,rebates,and refunds, and all returns from sale of surplus materials and equipment,shall likewise belong to the Owner,and the Construction Manager and Owner shall make provisions so that they can be secured,the amounts thereof to be accounted for in the applicable line item. 10A-24 ARTICLE 10 APPLICATIONS FOR PAYMENT 10.1 The Construction Manager shall furnish to the Owner a monthly statement of the work performed during the preceding month for which it claims it is entitled to be paid. The statement shall include all monthly payroll data,by classification,of Manager's field personnel and of the personnel of the Subcontractors and all lower tier subcontractors at the Project site. All payroll records must be maintained and submitted by Workers' Compensation classification codes. Manager shall require Subcontractors to secure monthly payroll data from lower tier subcontractors for inclusion in the monthly statement. The statement may also include the reasonable value of materials or equipment not yet incorporated in the Project but delivered, inspected and suitably stored at the site,or,with Deputy Director's consent and subject to compliance with any conditions thereof,at some other location agreed upon. 10.2 Each such statement shall include an amount for the Construction Manager's Fee computed on the basis of 100%of the amount earned for the statement period,less applicable retainage. 10.3 The Construction Manager agrees that 5%of the amounts due under each Subcontract shall be retained by the Owner until 30 days after Final Completion of the Project under this Contract, except that upon mutual agreement by the Architect,Deputy Director and Construction Manager, and with consent of the Manager's surety,payment in full shall be made to those Subcontractors whose work is fully completed and accepted during the early stages of the Project,and who have provided a maintenance bond or equivalent security for any remedial or corrective work, acceptable to the Owner and Manager. 10.4 The Architect will review the Construction Manager's statement of monies due and will promptly issue a Certificate for Payment to the Owner for such amounts as approved. 10.5 Final payment,constituting the unpaid balance of the Cost of the Work,retainage due Subcontractors,and the balance of the Construction Manager's Fee(including retainage),shall be paid by the Owner to the Construction Manager 60 days after Final Completion of the Project and Acceptance by Owner,and a final Certificate for Payment has been issued by the Architect. 10.6 No amounts due Construction Manager hereunder,other than for payments to Subcontractors(or payments to Manager for work done by its own forces)and Construction Manager's Fee,shall be subject to retainage. ARTICLE 11 INSURANCE 11.LA Article 7("Insurance")of the original Contract is hereby supplemented and amended to provide that Construction Manager shall purchase and maintain insurance for the term of the Contract as follows: LIABILITY INSURANCE (1) Worker's Compensation,as required by Texas law,insuring the Construction Manager's full liability under the Workers' Compensation and Occupational Disease Laws of the State of Texas,with the policy endorsed to provide a waiver of subrogation as to the Owner;and Employer's Liability Insurance at a limit of not less than$100,000 for each accident, $100,000 disease for each employee and$500,000 disease policy limit. (2) Commercial General Liability Insurance. Coverage shall be on an"occurrence"basis and shall insure Construction Manager for Work performed under the Contract against claims for bodily injury,including death,of any person other than Construction Manager's employees,and property damage for injury to or destruction of tangible 1 OA-25 property other than the Work itself. The policy shall contain the personal injury endorsement modified as set forth below, and the policy shall be endorsed to remove any property damage liability exclusions pertaining to loss by explosion,collapse or underground damage,and shall include coverage extended to apply to asbestos hazards,if the Project involves work with asbestos. The policy shall include: (A) Products and Completed Operations Liability,to be maintained for a minimum of one(1)year after final completion and acceptance of the Work,with evidence of same filed with Owner.. (B) Independent Contractor's Liability to cover Construction Manager's liability arising out of work performed by the Subcontractors or lower tier subcontractors. (C) Contractual Liability covering,but not limited to,the liability assumed under the indemnification provisions contained in this Contract and in Paragraphs 3.18.1 and 10.2.4 of the Supplementary General Conditions. (D) Personal Injury Liability,with employee exclusion deleted. (E) Broad Form Property Damage,extended to apply to completed operations. (F) Limits of liability not less than a combined bodily injury(including death)and property damage minimum limit of$1,000,000 per occurrence,$2,000,000 annual aggregate. The Owner and the Engineer shall be named as additional insureds. The policy shall include either endorsement CG2501 or CG2503 amendment of limits(designated project or premises),in order to extend the policy's limits specifically to the Project. If endorsement CG2501 or CG2503 is not attached,Owner's Protective Liability Insurance as described below is required. (3) Comprehensive Automobile and Truck Liability Insurance,covering owned,hired and non-owned vehicles,with a combined bodily injury(including death)and property damage minimum limit of$1,000,000 per occurrence. Such insurance shall include coverage for loading and unloading hazards. (4) "Umbrella"Liability Insurance. The policy shall insure the Construction Manager for an amount of not less than$10,000,000 per occurrence combined single limit for bodily injury(including death)and property damage,that follows form and is in excess of the primary liability insurance coverage required above. Owner and the Engineer shall be named as additional insureds. OWNER'S PROTECTIVE LIABILITY INSURANCE (5) If endorsement CG 2501 or CG 2503 is not attached to the Commercial General Liability policy as described above,the Construction Manager shall obtain,pay for,and maintain at all tunes during the prosecution of the Work under this Contract,Owner's Protective Liability Insurance. Coverage shall be on an"occurrence"basis and shall insure Owner for operations performed by Manager and Subcontractors in the prosecution of the total construction Project. The policy shall be extended to include the Engineer and if, requested by the Owner,other interests designated by the Owner as additional insureds. The policy shall be issued by the same insurance company that carries Construction Manager's Commercial General Liability Insurance. Limits of liability shall be a combined bodily injury(including death)and property damage minimum limit of $1,000,000 each occurrence,$2,000,000 annual aggregate. 1OA-26 (6) The Construction Manager shall purchase and maintain such Boiler and Machinery Insurance as may be required by the Contract Documents or by law,at such time as the exposure commences. This insurance shall include the interests of the Owner,the Engineer,the Construction Manager,the Subcontractors and lower tier subcontractors in the Work. CERTIFICATE OF INSURANCE (7) Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates shall contain a provision that coverage afforded under the policies will not be materially changed,cancelled or non-renewed until at least forty-five(45)days prior written notice has been given to the Owner. When requested by the Owner,copies of any of the policies will be furnished to Owner. 11.1 B Certificates of insurance for insurance required of Subcontractors shall be furnished to Manager instead of Owner. 11.2 Any insurance policies required under Paragraph 11.1 above may be written in combination with any of the others,where legally permitted,but none of the specified limits may be lowered thereby. 11.3 Where negligence liability is not covered by insurance,the Manager,Subcontractors,Owner and Architect shall each be responsible for their own negligent or strictly liable acts or omissions, subject to the applicable indemnity provisions of this Contract. This provision shall never be held to have been made or entered into for the benefit of third persons,but shall be strictly construed for the benefit of the parties hereto exclusively. Also,this provision shall not be construed as a waiver by owner of its governmental immunity. ARTICLE 12 PERFORMANCE AND PAYMENT BONDS 12.1 With the execution and delivery of this Agreement,Construction Manager shall furnish to Owner in the amounts herein required,the following Surety Bonds in the form attached hereto,in accordance with the provisions of Article 5160,Revised Civil Statutes of Texas: (A) A Performance Bond in the full amount of the Guaranteed Maximum Price,guaranteeing the full and faithful execution of the Work and performance of this Contract,in accordance with the Plans,Specifications and Contract Documents,including any revisions thereof pursuant to the Contract Documents,for the protection of the Owner. This bond shall also provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appear within a period of one(1)year from the date of Substantial Completion of the Work. (B) A Payment Bond in the full amount of the Guaranteed Maximum Price,guaranteeing the full and proper protection of all claimants supplying labor and material in the prosecution of the Work and for the use of each claimant. 12.2 Each Bond shall be executed by Construction Manager,as Principal,and one or more corporate sureties fully acceptable to Owner. Owner reserves the absolute right to reject any proposed Surety in litigation with Owner,or any of Owner's agencies. 12.3 Further,each Subcontractor whose Subcontract is greater than$25,000 will likewise be required, as a condition of their Subcontract,to execute similar Performance and Payment Bonds,in the full amount of each Subcontract,naming both the Construction Manager and Owner as Joint Obligees. Subcontractors not required to provide performance and payment bonds will not be paid progress payments,but shall be paid upon final completion and acceptance of their Work. 1OA-27 ARTICLE 13 INDEMNIFICATION 13.1 Manager agrees to defend,indemnify and hold Owner,its officers,agents and employees,and the Engineer,harmless against any and all claims,lawsuits,judgements,costs and expenses for personal injury(including death),property damage or other harm for which recovery of damages is sought,suffered by any person or persons,that may arise out of or be occasioned by Manager's breach of any of the terms or provisions of this Contract,or by any negligent or strictly liable act or omission of Manager,its officers,agents,or employees,in the performance of this Contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of Owner,its officers,agents,employees or separate contractors, or the Engineer,and in the event of joint and concurrent negligence or fault of the Manager,the Owner, and the Engineer,responsibility and indemnity,if any,shall be apportioned comparatively in accordance with the law of the State of Texas,without,however,waiving any governmental immunity available to the Owner under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights,contractual or otherwise,to any other person or entity. ARTICLE 14 OWNER'S RIGHT TO TERMINATE;REMEDIES,DELAYS,AND MANAGER'S RIGHT TO SUSPEND WORK 14.1 The right to terminate this Contract, in whole or in part,with or without cause,and for the convenience of the Owner is expressly reserved by Owner. In such event,Notice of Termination, for all or any portion of the Work,shall be delivered to Manager,who shall then be reimbursed by Owner in accordance with the terms and provisions of this Contract,for all services satisfactorily completed,but not to exceed actual costs incurred in connection with the Work to the Date of Termination. No amount shall be due for lost or anticipated profits. All Work-related documents and records shall become the property of Owner,and shall be promptly delivered to Owner in a reasonably organized form without restriction on future use. Should Owner subsequently contract with a new construction manager for continuation of services on the Project,which right Owner specifically retains,Manager shall cooperate in providing information. 14.2 Nothing contained in Paragraph 14.1 above shall require Owner to pay for services which are unsatisfactory as determined by the Owner,or services not in compliance with the provisions of this Contract. The Owner may withhold payments to Manager when Manager is in default under this Contract,without waiving any other remedy or right available at law or in equity,including the right to bring legal action for damages or to force specific performance of this Contract. 14.3 Manager understands that time is of the essence and Manager shall be fully responsible for its delays or for its failure to use its best efforts to accomplish the purposes of this Contract. However,neither Owner nor Manager shall be deemed in violation of this Contract for delays caused by circumstances beyond their respective control. In such event,notice of delay must be timely given, and reasonable efforts undertaken to mitigate effects. 14.4 Except of an emergency basis,or for the protection of the Project or personnel at the jobsite,or where Manager observes construction being undertaken contrary to the contract Drawings and/or Specifications,Manager shall not suspend work or construction without Owner's permission. ARTICLE 15 ASSIGNMENT,GOVERNING LAW,VENUE AND NOTICES 15.1 This Contract shall be binding on the Parties hereto,their successors,assigns and representatives. Neither Party shall assign any interest in this Contract without the written consent of the other. 1OA-28 15.2 This Contract shall be governed by and construed solely in accordance with the Laws and court decisions of the State of Texas. 15.3 This Contract shall be enforceable in Dallas,Dallas County,Texas,and if legal action is necessary be either Party with respect to the enforcement of any or all of the terms and provisions herein, exclusive venue for same shall lie in Dallas County,Texas. 15.4 All written notices given to Owner by Manager shall be addressed to: Curtis E.Hawk,City Manager City of Southlake 1725 E. Southlake Blvd. Southlake,Texas 76092 All written notices from Owner to Manager shall be addressed as follows: HC Beck,Ltd. 1700 Pacific Avenue Suite 3800 Dallas,Texas 75202 15.5 In the performance of this Contract,Manager shall occupy the status of an Independent Contractor,performing all work without immediate direction or supervision by Owner. No provision of this Contract shall be construed as making Manager an agent of Owner. ARTICLE 16 COMPLIANCE WITH LAWS,NON-DISCRIMINATION AND FEDERAL FUNDS 16.1 Manager,its officers,consultants,agents,employees and subcontractors shall comply with all applicable Federal and State Laws,the Charter and Ordinances of the City of Southlake,as amended,and with all applicable rules and regulations promulgated by all local,State and National boards,bureaus,and agencies. 16.2 As a condition of this Contract,Manager hereby covenants that it will take all necessary action to insure that, in connection with any work under this Contract,it and its subcontractors will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race,color,religion,national origin,age,sex,or physical handicap unrelated to job performance,either directly or through contractual or other arrangements. In this regard,Manager shall keep,retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three(3)years from final Contract completion,with full access allowed to authorized representatives of the City upon request for purposes of evaluating compliance with this and other provisions of the Contract. 16.3 In the event Owner receives funds from any Federal Agency to be utilized in construction of the Project,Owner shall notify Manager of any terms,requirements,conditions or restrictions attached to the use of said funds. Thereafter,Manager shall assist Owner in notifying all affected bidders and/or contractors/subcontractors,and will include,to the extent necessary,all Federal requirements as a part of each and every bid package on the Federally funded portion of the Project. Manager shall also comply with any applicable requirement and assist Owner with assembling the documents necessary to evidence compliance by each affected bidder or contractor/subcontractor. 1OA-29 ARTICLE 17 CONSTRUCTION WORK BY THE MANAGER AND MANAGER'S ACCOUNTING RECORDS 17.1 As a condition of this Contract,unless otherwise directed by the Owner at Owner's election, Manager may not perform construction work and may not submit a bid on any portion of the Project. In the event Manager is directed by the Owner to perform a portion of the Project construction,Manager shall continue to provide all construction management services to the extent provided under this Contract with respect to such construction work; and provided further that such construction work shall be completed to the full satisfaction of the Owner,and any disputes that may arise between the Parties in connection therewith shall be determined by the Owner,whose decision shall be final and binding. 17.2 Records of Manager's Direct Salary Costs,Direct Personnel Expenses,consultant,subcontractor and Reimbursable Expenses pertaining to the Project,and records of accounts between Owner and Manager shall be kept by Manager on a generally recognized accounting basis and shall be available to Owner or its authorized representatives at mutually convenient times. In the event Manager is awarded construction work,all cost and other records relating thereto shall be kept by Manager separately from Manager's records relating to its construction management services,in order to facilitate review and/or auditing by the Owner at its election. ARTICLE 18 FINANCIAL INTEREST PROHIBITED;CONFIDENTIALITY 18.1 Manager covenants and represents that Manager,its officers,employees,agents,consultants and subcontractors will have no financial interest,direct or indirect, in product,materials or equipment that will be specified for the construction of the Project. 18.2 Manager understands that the Charter of the City of Southlake provides that no officer or employee of the City shall have any financial interest,direct or indirect,in any contract with the City,or be financially interested,directly or indirectly,in the sale to the City of any land, materials,supplies or services,except on behalf of the City as an officer or employee. Any violation of this prohibition shall constitute malfeasance in office,and any officer or employee guilty thereof shall thereby forfeit his office or position with the City. Any violation of this prohibition,with knowledge,express or implied,of the person or corporation contracting with the City shall render the contract involved voidable by the City Manager or the City Council. 18.3 Manager's reports,evaluations,data,and all other documentation and work developed by Manager hereunder shall be kept confidential,and shall not be disclosed to any third parties without the prior written consent and approval of the Owner. IN WITNESS WHEREOF,Owner has caused this Agreement to be signed in its corporate name by its Mayor,and HC Beck,Ltd.has signed by and through its duly authorized President,thereby binding the Parties hereto,their successors,assigns and representatives for the faithful and full performance of the terms and provisions hereof. APPROVED AS TO FORM: CITY OF SOUTHLAKE: By By CONSTRUCTION MANAGER: By Executive Vice President, Managing Venturer 10A-30 City of Southlake, Texas MEMORANDUM December 31, 1997 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Sign variance appeal for an additional attached sign for The Roomstore at 1600 East Southlake Boulevard. Action Requested: City Council consideration of appeal for sign variance. Background Information: Mr. Tom James of 3-JJJ Construction Company, general contractor for The Roomstore, has applied to add an attached sign, Sign B, on the east side of the building under construction at the subject address. He has stated he would construct this sign instead of the monument sign shown on the site plan as-Sign C. His reasons are outlined on the demonstration attached. The proposed Sign B complies with the requirements for attached signs in Section 16-A of the Sign Ordinance. Sign A complies with the ordinance and is not a part of this request. We had Keith Martin, Landscape Administrator, survey the area where the monument sign would be placed and found it to be in the critical root pattern of a large oak tree. In his opinion, construction of the monument sign as shown on the site plan would be detrimental to the oak. Financial Considerations: Not Applicable. Citizen Input/ Board Review: No citizen input has been received. Not subject to Board review. Legal Review: Ordinance 704-A, Sign Ordinance, section 14 permits City Council to grant variances for signs. Alternatives: The City Council may grant the variance as requested, grant the variance subject to whatever changes or conditions they deem appropriate, or they may deny the variance. Supporting Documents: Sign Variance Application Site Plan Building Elevations 'r. Sections 14 and 16-A of the Sign Ordinance Section 3.4 b of the Tree Preservation Ordinance 1OB-1 _ Shana K.Yelverton December 31, 1998 Page 2 Staff Recommendations: Place the request for a sign variance appeal for an additional attached sign for The Roomstore at 1600 East Southlake Boulevard on the January 5, 1999 City Council agenda. BC/bls Approved for Submittal to City Council: 'A/ - Ci anager's Office 1OB-2 CITY OF SOUTHLAKE SIGN VARIANCE APPLICATION APPLICANT OWNER(if different) NAME: IbM R, ZAMr.S THE M MSTORP ADDRESS: I1111 N1R]ES MY AMA SM S01111T Ill PKW QALLAS TX 75229 WAND PQAI R1E TX5e50 PHONE: 912 414 UOR Q92 La qa9 q FAX: 9"I2 4%4 %419- 912-L60 492% The following information pertains to the location for which the variance is being requested. NAME OF BUSINESS OR OPERATION: TIME QCWSTr%Qr PHYSICAL ADDRESS: I4M E. SOUT14 LAIc F aLY 0 LEGAL DESCRIPTION: Lot Block__2 _Subdivision JLL U CWTER I hereby certify that this application is complete as per the requirements of Sign Ordinance No. 704 as summarized below. I further understand that it is necessary to have a representative at the City Council meeti o is authori discuss this request. Applicant's signature:( , Date: 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. 704 and amendments, and other ordinances maps, and codes available at the City Hall that may pertain to this sign variance request. +r Completed sign variance request application. Completed demonstration of conditions applicable to the requested variance(see attached.) VX 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 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. 1OB-3 DEMONSTRATION Please demonstrate that the following conditions are applicable to the requested sign variance: 1.That a literal enforcement of the sign regulation will create an unnecessary hardship or practical difficulty on the applicant. The most important reason for our sign variance request is the dismissal of a potentially dangerous traffic hazard. We are allowed by ordinance a monument sign(see attached site plan sign C)to be located on the southeast corner of our property.This monument sign however,will be almost entirely blocked from view of west bound traffic on Southlake Boulevard by the required landscaping of our neighbor to the east,Chase Bank.The referenced landscaping is on the southwest comer of the bank's property and prevents west bound traffic from viewing our proposed monument sign until they are approximately 60 feet from the entrance to Village Center. If RoomStore customers brake abruptly,as a result of this short window of sight, it is our feeling that a serious traffic accident could result.The ability to clearly view a RoomStore sign(see attached site plan proposed sign B)on the east side of our building from several blocks away would prevent this situation and eliminate our need for this monument sign. Secondly due the strategic location of an existing 42"plus Oak Tree,the only building sign(see attached site plan sign A)permitted under the current City Of Southlake Sign Ordinance will be severely blocked from view of west bound traffic on Southlake Boulevard.The location of the tree is in a Public Right of Way and under the City of Southlake Tree Preservation Ordinance#585-A(see attached)can be removed by the building Owner/Developer. In the spirit of the Tree Preservation Ordinance however,we would like to leave this 50 year old or older tree and-- instead place a second building sign(see attached site plan proposed sign B)on our east facing wall,and as a result eliminate the need to destroy this beautiful old Oak tree. 2.That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. Obviously the old Oak tree was there before this property was developed.The use of the property and resulting construction could not be changed in order to avoid this problem and still achieve the highest and best economic use.The landscaping code requirements of our neighbor,Chase Bank,that block the view of our permitted monument sign(see attached site plan sign C)were beyond our ability to change. 3.That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. All of the adjacent properties in the Village Square Development are complete.Two properties,Petsmart&Home Depot(our closest neighbors)have large east facing signs in place.Allowing The Roomstore an east facing sign would not be unique nor harmful to our neighbors. 4.That the variance will be in harmony with the spirit and purpose of the sign ordinance. The east facing sign(proposed sign B)that we have requested,should this variance be allowed,will be fairly small and done in good taste(see attached sign elevation)so as to comply with the spirit and purpose of the City of Southlake Sign Ordinance. In short we would like to leave the Oak tree and delete our permitted monument sign in exchange for an east facing Roomstore sign. 1OB-4 WE �dA�nA,,��►�1 � �� i '♦♦�♦f► �O '..ter �■ 7 —_ WA. =t1 as WEN'- ��A��11 �■ - pig oil Fjs -1■ ►�de�11 �■ — !,u �►Ad ►it ��► Ju . ► AdA��1 ■ � • ►del ■ — =_'oil I;; A r:.•�``!,�♦ram- �� <,��W�r�� -�,�a ♦- ��. ��:��•.�.��•��- .�� THE ROOMSTORE SOUTHLAKE • 1 : I I jig co a Ix ; LSLSSL A ALW df A SAL got R{OO/0t TEB ROOMSTORBs BOUDIMAR DS1 atOVP- 3KC- AA i JJJ CO�tflsIIC?met CO.0 v, AWSUMN SOV H AZB 011fiLL colRtAcroJts 4W Qs AVMW rL.M.. =0 ,r• ruae ease A1ME a.aAJ�1tA1�7Dw a.ry ar aua wo wr arvra is r evw�m�ssrer..irtir 1OB-6 22'�-O" I ELM O ►. u, h� 0 F.LV-_VATiaN 10B-7 City of Southlake, Texas SUPPORTINGDOCUMENTS December 18, 1997 SIGN ORDINANCE NO. 704-A The following is excerpted from the Sign Ordinance: ARTICLE III -APPEALS AND VARIANCES SEC. 14 VARIANCES The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant,that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed,that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. ARTICLE IV- GENERAL SIGN PROVISIONS SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS A. ATTACHED SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all attached signs which are allowed under this ordinance. Signs may not be attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility poles,public buildings, fences,railings,public telephone poles, or trees. The direct painting of signs on buildings shall be prohibited except for signs less than a three (3) square foot area used for building identification. 2. LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos shall be six (6) inches. The maximum height allowed for letters or logos shall be based on the following criteria: Distance From R.O.W. * Maximum Letter/Logo Height Less than 100 ft. 12 inches 101 - 150 ft. 18 inches 151 - 200 ft. 24 inches 201 - 250 ft. 30 inches 1OB-8 2 251 -300 ft. 36 inches 301 and greater 42 inches * - For any lease space which does not front on a street, the maximum letter/logo height shall be based on the distance from the vehicular driveway access (see Appendix `B' for further clarification). 3. MA)MvIUM AREA: 0.75 square feet for every one foot of width of building or lease space not to exceed 400 square feet (see Appendix 'A' for further clarification). 4. NUMBER OF SIGNS: Only one attached sign per lease space shall be allowed along each street frontage on any site, unless otherwise specifically provided in this ordinance. A secondary sign may be permitted at a public entrance, provided the entrance is on another side of the building,but shall be limited to twenty-five percent (25%) of the primary or permitted sign size, whichever is more restrictive. The six (6) inch minimum letter/logo height will not apply to these secondary signs. No more than two (2) attached signs shall be allowed per lease space. Attached signs shall be located within the first story of the main exterior entrance for a building or lease space (see Appendix `B' for further clarification). 5. SIGN WIDTH: Attached signs shall be limited in width to the middle seventy five percent (75%) of the width of any building or lease space. In the event the lease space facade is horizontally articulated, the 75%rule shall apply to the allowed sign to be located on any single plane facade (see Appendix B' for further clarification). 6. ROOF LINE LIMITATIONS: In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls and the sign may not extend above the parapet wall. Signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height (see Appendix `B' for further clarification). Signs may be attached to a continuous plane fascia, if the sign does not extend above or below the projection of the fascia. Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure(See Appendix `B' for further clarification). 7. ILLUMINATION: Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are not allowed. 8. PROTRUSIONS: Attached signs may not protrude farther than eighteen inches(18") from the building, excluding signs attached to canopies. 9. RESIDENTIAL ADJACENCY: Attached signs shall not be allowed on any facade (other than the main front of the building) which faces property zoned for single- family residential uses if the sign is within one hundred fifty feet (150') of the property line of said residential property. 1OB-9 City of Southlake, Texas SUPPORTING DOCUMENTS December 18, 1997 TREE PRESERVATION ORDINANCE NO. 585-A The following is excerpted from the Tree Ordinance: 3.0 TREE-REMOVAL PERMIT REQUIRED 3.4 NEW DEVELOPMENTS: All developments which have not submitted final construction plans as of the effective date of this ordinance shall be subject to the requirements for tree protection and replacement specified herein. b. Non-Residential Developments: All area within public R O W public utility or drainage easements as shown on an approved Final Plat and the fire lanes required narking areas and area within six feet(6)of the building foundation as shown on an approved Site Plan shall be exempt from the tree protection and replacement requirements specified herein. When the developer provides parking spaces in addition to the required number of parking spaces,he shall be required to replace a percentage of the trees removed, or make a payment into the Reforestation Fund. The number of trees the developer shall be required to replace shall be calculated based on the percentage of extra spaces to total number of spaces (i.e. extra stalls/all stalls)multiplied by the number of trees removed in all stalls equals the numbers of trees to be replaced in accordance with Section 5 herein. 1. Permit Requirements: A tree-removal permit shall not be required for removal of a protected tree within an area noted in 3 4-b above however a permit must be obtained prior to the removal of any other protected tree on the property. 2. Required Survey: A survey meeting the requirements of Schedule B herein shall be required with the submittal of a Concept Plan, Site Plan or Preliminary Plat, whichever occurs first. 1OB-10 City of Southlake, Texas MEMORANDUM December 30, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of contract to Sutton & Associates for the reconstruction of North White Chapel Boulevard from the county line to Lake Grapevine Action Requested: Staff is requesting Council award the contract to Sutton & Associates in the amount of $470,969.76 for the reconstruction of N. White Chapel Blvd. from the county line to Lake Grapevine. Background Information: The Tarrant County Precinct 3 Maintenance Division recently completed reconstructing N. White Chapel Blvd. from Dove Street to the county line. The City provided the materials and Tarrant County contributed the labor to reconstruct the roadway. N. White Chapel from the county line to Lake Grapevine is also in dire (aso, need for reconstruction. The traffic along N. White Chapel will increase substantially due to Bob Jones Park. Bob Jones Park will be used this spring extensively for soccer games. Staff is working aggressively with the consulting engineer, Cheatham & Associates, so that N. White Chapel Blvd. will be reconstructed from the county line to the park by mid-March, 1999. Improvements to N. White Chapel Blvd. include reconstructing the existing roadway and providing adequate drainage from the roadway. The pavement width will remain 22' from the county line to the south end of Bob Jones Park. However the pavement width will be increased from 22' to 33' along the frontage of the park to account for a turn lane (see attached map exhibit). Financial Considerations: In the FY98-99 CIP budget, $340,000 was appropriated for the design and reconstruction of N. White Chapel Blvd. from the county line to Lake Grapevine. The approved engineering proposal from Cheatham & Associates totaled $37,350. Therefore, the preliminary estimated construction cost was $302,650. This amount was a preliminary estimate based on similar projects constructed in the past. The preliminary estimate took into account minor drainage improvements. 10C-1 However, during the preliminary engineering stage of the project, it was determined that substantially more drainage improvements were needed to adequately provide proper drainage. Due to the flat topography of the area, grades along the bar ditches must be regraded to develop adequate slope for proper drainage. Thus, there were four more box culverts required to be installed than previously estimated. Furthermore, due to the high demand for this type of construction project as well as the mid- March completion time placed on the portion of the project to the park, the City experienced higher unit bid prices than usual. Therefore, the bids that were received on December 22, 1998 are higher than the amount estimated for budget purposes. There were seven bids received. The low base bid was from Sutton & Associates of Fort Worth, TX for the amount of $449,457.36 (see attached bid tabulation). An alternate bid was also requested to provide and install a fabric layer called petromat within the asphalt pavement. The petromat fabric is essential to reduce cracks from the base material from moving or "reflecting" in the surface asphalt. The use of this material will reduce the City's maintenance for crack sealing and provide a more aesthetic looking surface over a longer period due to the reduction of crack sealant required on the pavement surface. The alternate bid amount from Sutton & Associates was $21,512.40. Therefore, the total bid was $470,969.76. The total cost overrun, which include the engineering, surveying, and construction costs, is $168,319.76. Reprioritization of the CIP budget can be accomplished to fund the cost overrun of this project. The reprioritization of the CIP budget could include using appropriated funds from other projects that have not yet begun due to right-of-way or scheduling issues. Citizen Input/ Board Review: Not applicable Legal Review: Not applicable Alternatives: There are several alternatives that could, if chosen individually or in combination, lower the cost of the project. The alternatives, as well as the possible downside(s) to each are as follows: • Eliminate the third lane along the frontage of Bob Jones Park. This will save approximately $17,250. Downside - Residents that utilize the park will have a difficult time entering and exiting the parking lots due to stacking and traffic congestion. 10C-2 • Terminate the reconstruction of the roadway for this project at E. Bob Jones Road. At a later date, the portion of roadway from E. Bob Jones to Lake Grapevine will be reconstructed. This will save approximately $114,500 on this project, however it will be spent at a later date. Downside - The portion of N. White Chapel from E. Bob Jones to Lake Grapevine will have to be bid out at a later date. If construction prices continue to rise, the cost of this portion may ultimately cost the City more if this portion is not included in the awarded contract. • Do not install the petromat, which was bid as an alternate. This will save $21,512.40. Downside - As stated previously, the petromat reduces the amount of cracks in the surface pavement. If the petromat is not installed, the City will incur the cost of sealing the cracks in the pavement once the cracks evolve. Supporting Documents: Map Exhibit Bid Tabulation Staff Recommendation: Staff recommends Council award the contract in the amount of $470,969.76 to Sutton & Associates for the reconstruction of North White Chapel Boulevard from the county line to Lake Grapevine. 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NLU S G Z J W .6 Z Z Z N F W N O O I (L)i o 0 � � O O O a a O K Z a < O W w O c t a F '6r Ix m � z zzzaa _j OLL2 Z iQ ra- Cu c O O d' Q Cu W W ? z J W J ~ O O J O J SZW W K SLL' LL' QQaS � Qv Q r r Q ad 2 Q i 3 U O � � � F' w r m m 1- � F QO W iv iv iv0OppLL O O > > 00 J O V 0 ZdK C m XXXZQ r us H F- .y.. Q A W (n m r ( W I Q 00Q w ( r wEL Z.0 H W HZ u UO h N NY. o 0 o H QO N F a a I JiLL! 1 7--TI r Z N M V 1 OC-7 Proposed N . White Chapel Reconstruction I he Res Bob]ones Rd. Bob Jones Rd. Denton County Tarrant County �.. No Scale 2 Lane - - - - 3 Lane • 10C-8 t City of Southlake,Texas MEMORANDUM TO: Curtis E. Hawk, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Funding the hiring of school crossing guards Action Requested: City Council consideration of a school crossing guard program. Background Information: The City of Southlake received a letter from CISD Superintendent Dr. Ted Gillum requesting city assistance with stop signs, a school zone and speed limit reductions on N. White Chapel Boulevard, and school crossing guards at CISD schools. Subsequently, the city discussed, and approved on first reading, the establishment of a school zone on N. White Chapel Boulevard near Carroll Junior High School. During the discussion of that item, residents spoke in favor of city participation in a school crossing guard program. Financial Considerations: CISD has, and is currently advertising for school crossing guards, although Dr. Gillum's letter indicates that they are having difficulty finding individuals to serve in this capacity. Should the city provide funding to the CISD for the crossing guard program, perhaps CISD could advertise the position at a higher wage, or consider other alternatives to induce individuals to apply for the positions. Council would need to determine the level of City participation. We do not, at this time, know the details of CISD's efforts on this regard, and no staff are available this week to answer questions about their advertised positions. As such, Council may wish to establish a participation amount and simply instruct staff to pursue an interlocal agreement with CISD. Since no dollars are currently budgeted for this purpose, the city's operating budget would need to be amended to include the additional funds. Citizen Input/ Board Review: See background information. f Legal Review: Not Applicable. ' Alternatives: The City of Keller provides a lump sum payment on an annual basis for the school crossing guard program, but the school district manages the r Curtis E. Hawk December 30, 1998 Page Two program. Staff believes this approach would be the most effective method of addressing the issue. The City of Southlake could provide the additional funding needed to offer a competitive wage and enhance CISD's recruitment efforts. The school district, using its vast parent network and other community resources, knowledge of school scheduling, etc. could manage the program. The City of Southlake could agree to completely manage the program, but Staff does not view this as the most viable alternative, due to the number of challenges which result when the city is in charge of the program. Supporting Documents: Correspondence from Dr. Ted Gillum, dated September 23 Correspondence from Bob Whitehead to Dr. Gillum dated October 16 Staff Recommendation: Staff recommends that the City enter into an interlocal agreement with the school district to provide funding for the school crossing guard program, to be managed by the school district, at a level to be determined by the Qe City Council. SS Approved for Submittal to City Council: A�— ,Uq anager's Office J` t- City of Southlake .� Administrative Offices October 16, 1998 Mayor: Rick Stacy Dr. Ted Gillum Mayor Pro Tem: W.Ralph Evans Superintendent C.I.S.D. Deputy Mayor Pro rem: 1201 N. Carroll Ave. Scott F.Martin Southlake, Texas 76092 Councilmembers: Wayne Moffat Ronnie Kendall Debra Edmondson Dear Dr. Gillum: Gary Fawks City Manager. Thank you for your letter of September 23 bringing to my attention Curtis E. Hawk some safety concerns around our schools. Let me assure you that the City of Assistant City Manager. Southlake is as concerned with safety as you are. The city is responding to Shang K. Yelvertcn your requests in the following ways: retary: .LeGrand 1. Stop Signs — To install stop signs, traffic warrants as given in the Manual of Uniform Control Devices must be met. We have hired Lee Engineering, a traffic consultant, to conduct the warrant analysis for stop signs at the intersections of North White Chapel and Highland and at Highland and Shady Oaks. 2. School Zone on North White Chapel — The city in the early discussion with CISD personnel about the design of the school required that the school not front on North White Chapel as a school zone is not planned for North White Chapel. The City has planned to construct a signal with pedestrian crossing at Ascot and North White Chapel. The warrant analysis for the installation is underway. 3. Speed Limit — Reducing the speed limit from 40 MPH to 30 MPH does take an ordinance approved by City Council. Staff will be discussing this with Council in a future meeting. 1725 East Southlake Blvd. • Southlake,Texas 76092 (817)481-5581 • FAX(817)488-6796 IAN EQUAL OPPORTUNITY EMPLOYER' 4. Crossing Guards — Director Billy Campbell has been advised of your request. We are pleased to work with you on these requests and look forward to arriving at some solution. Sincerely, 9- ILQ7 ' Robert R. Whitehead, P.E. Director, Public Works RWits CC: Curtis E. Hawk, City iVlana;er Billy Campbell, Director of Public Safety CARROLL INDEPENDENT SCHOOL DISTRICT 1201 N. CARROLL AVENUE • SOUTHLAKE,TEXAS 76092 (817)481-5775 Ted Gillum. Ed.D. Michael Murphy.Ed.D Superintendent � D. Assistant Superintendent for Curriculum and Instructlon John H. Craft • Assistant Supenntendent of Steve Johnson Financial and Business Operations 21 Assistant Supenntendent for Administrative Services September 23, 1998 RV' C�:7- V `D Mr. Bob Whitehead SEP 2 8 19S8 Public Works DEFT OF PU3LIC City of Southlake 1950 E. Continental Blvd. Southlake, Texas 76092 Dear Mr. Whitehead: It is the utmost concern of the Carroll Independent School District to provide safety in our schools, as well as, in the areas surrounding our schools. It has been brought to my attention by the Board of Trustees and the community that there is a need for the following items: 1) Stop signs maybe needed at the intersection of Highland and Shady Oaks and the intersection of Highland and White Chapel. 2) I am sure you have plans for a school zone on White Chapel when the Carroll Junior High School is completed, however, on behalf of the Carroll Independent School District, I request consideration be given to reducing the speed limit of 40 m.p.h. to 30 m.p.h. on White Chapel between Hwy. 114 and Southlake Blvd. which is not in the school zone. 3) Crossing guards are needed in front of the schools to provide safe places for the children to cross in traffic. The school district has advertised in newspapers for this position to no avail. In the surrounding areas, the police departments have provided assistance to the school district in this regard. If you have any suggestions to solve this problem, I would greatly appreciate your help. Thank you for your cooperation. Sincerely, Ted Gillum, Ed.D. Superintendent City of Southlake, Texas MEMORANDUM December 30, 1998 To: Curtis E. Hawk, City Manager From: Bob Whitehead, Director of Public Works Subject: Any action necessary to determine the need for a school zone on West Southlake Boulevard for Carroll High School, to include authorizing the Director of Public Works to request permission from the State of Texas, and to conduct engineering and traffic investigations and studies to determine the maximum speed limit for the school zone. Action Requested: Consider authorizing Director of Public Works to conduct engineering and traffic investigations and studies to determine the maximum speed limit for a school zone on West Southlake Boulevard for Carroll High School. Background Information: A request has been made for Council to consider that a school zone be established on West Southlake Boulevard (FM 1709). A school zone has been established on South Peytonville Avenue of 20 MPH. As Southlake Boulevard is a numbered state highway (FM 1709), Texas Department of Transportation will need to approve any plans or changes that impact traffic. Chapter 18, Article III, Section 18-81 of the Southlake City Code articulates the procedures for revising speed limits including school zones. Section 18-81 states: The speed limits, as established in the article, may be revised from time to time by ordinance adopted by the city council. The director of public works is hereby authorized to conduct engineering and traffic investigations and studies to determine prima facie maximum speed limits which are reasonable and safe on roadways within the city limits and to make 10E-1 recommendations to the city council concerning speed regulations and traffic control devices. Financial Considerations: A traffic engineering study will cost approximately $4,000 to $5,000. Funds are budgeted in Public Works Administration for such studies. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: City Council may authorize the Director of Public Works to conduct the formal study and present the information to the State for review or take no action on the item. Supporting Documents: None. Staff Recommendation: Staff recommends that if City Council would like to consider a school zone on West Southlake Boulevard, that Council authorize the director of public works to conduct the necessary traffic engineering study. W/ts *t D Approved for Submittal to City Council: 4�& Ci anager's Office 10E-2 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.