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1994-03-01 CC Packet
City of Southlake, Texas v M E M O R A N D U M February 25, 1994 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 March 1, 1994 1 . Agenda Item No. 5A. Plat Vacation of Greenway Industrial Park. Note from memo by Greg Last, Community Development Director, that all conditions for vacating plat have been met except signatures of utility companies . Applicant will obtain these signatures prior to obtaining Mayor' s signature and the filing of the vacation of plat . Note also that applicant plans to plat the affected property as a proposed single- family residential addition, and that the current zoning of the property is SF-20B. 2 . Agenda Item No. 5B. Award of Bid for tractor to be used by Parks Division. Note in the memo from Shana Rice, Assistant City Manager, that the low bid which meets all specifications (Zimmerer Kubota - $15, 178) is within the budget estimate . 3 . Agenda Item No. 5C. Renewal of contract with Fort Worth Star- Telegram for legal publications . The rates charged by the Star-Telegram are considerably less expensive than the Dallas Morning News . These two papers are the only two which meet the general circulation requirements of the Charter and State statutes . In addition to the lower rate schedule, the Telegram has a history of working with us in meeting deadlines for publication. 4 . Agenda Item No. 5D. Change Order for 6" water line on T.W. Kind Road. In order to provide water service to the Westpark Mobile Home Park and the Villager Mobile Home Park, as we have t Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 25 , 1994 Page 2 discussed previously with City Council, it is necessary to extend a 6" water line north from Dal-Den (the point of the connection to Trophy Club MUD) to Westpark Loop, a distance of 2 , 850 feet . This will enable the City to meet its obligation to provide water service to the area. We still must resolve administrative problems between the Westpark Water Corporation and the State concerning the CCN, however, we will move forward with the construction to demonstrate our intent to provide water service as quickly as possible . 5 . Agenda Item No 7A. Ordinance No. 480-110 , 2nd Reading, rezoning and concept plan for 15 .49 acres to be added to Bicentennial Park. Note the staff comments in the memo from Karen Gandy, Zoning Administrator, concerning the buffer yard requirements . FYI, note the depiction of the City-owned property on the concept plan (pg. 7A-5) . This should make it clear that we do not own some properties which have been discussed in connection with the Park. 6 . Agenda Item No 7B Ordinance No. 480-111, 2nd Reading, rezoning of 6 . 0 acres on south side of E. Bob Jones, below Indian Creek subdivision, from AG to SF-1A. There are no outstanding issues on this item. The applicants/owners plan to construct a single family residence on the property. The item was approved 6-0 at 1st reading by City Council . 7 . Agenda Item No 7C Ordinance No. 480-112 , 2nd Reading, rezoning of 9 . 998 acres at 2815 W. Southlake Blvd. , from AG to SF-1A. The property will be subdivided with one acre separated to enable applicant/owner to allow for construction of a single family residence on the one acre . The preliminary plat was approved last City Council meeting. The final plat must be approved for the one acre track in order for a Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 25, 1994 Page 3 building permit to be issued. There are no outstanding zoning issues to be resolved. Item was approved 6-0 last Council meeting. 8 . Agenda Item No. 7D. Ordinance No. 579 . 2nd Reading, Truck Route Ordinance . There have been no additions or deletions since first reading, approved 6-0 . 9 . Agenda Item No. 8A. ZA 94-11, Concept Plan for Hillcrest Estates and Item 8B. ZA 94-12 , Preliminary Plat for Hillcrest Estates . Applicant proposes 123 single family residential lots, zoned currently SF-20B. Property is located approximately 1000 feet south of F.M. 1709, east of South Carroll Avenue . Concerning ZA 94-11, the Concept Plan is a requirement prior to approval of the Preliminary Plat . Although no common open space is required in SF-20, the applicant proposes approximately 3 . 3 acres of open space. This area includes a small pond which will also be used as a detention facility to regulate downstream drainage impacts . Note that the Thoroughfare Plan requires a realignment of Carroll Ave. southeasterly to connect with Carlisle . Staff' s exhibit shows alternative alignments that would work without impacting this development . Concerning ZA 94-12 , note that although the review comments are many, staff feels that they are mostly clean-up comments and not critical to the intent of the project . Note also that Consent Agenda Item 5A provides for the vacation of the current plat of Greenway Industrial Park. 10 . Agenda Item No 8C Ordinance No. 480-113 (ZA 94-16) . 1st . Reading. Rezoning request for 8 . 345 acres at the southeast Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 25, 1994 Page 4 corner of the intersection of Short Avenue and S .H. 114 . Note that current zoning on the properties is C-3 General Commercial overlapped by AG. The staff comments in the memo from Karen Gandy, Zoning Administrator, mention the problem. In order to protect the owner/applicant and to clean up the zoning map, the request has been made for C-3 on both lots . Applicant was not charged the zone change request fee due to the likelihood of a clerical error in the 1989 rezoning of the City. We believe the intent of the City Council was to rezone the entire property in 1989, but the zoning map does not reflect this . (A xerox of the Official Zoning Map of the area is attached hereto FYI . ) 11 . Agenda Items No. 9A. and 9B. Appointments to P&Z and Park and Recreation Board. Note the special work session agenda in your packet for Monday, February 28, 7 : 00 p.m. , to conduct interviews for applicants to the two boards . 12 . Agenda Item No. 10A. Authorizing Interlocal Agreement with CISD for participation in Peer Mediation Program. This program, when implemented, will be another step in improving the quality of life in our community. As pointed out in the material included in your packet, resolving potential conflicts through student generated responses to problem-solving situations eliminates the need for intervention by the criminal justice system in most instances . This ultimately could save considerable tax dollars, and could help to avoid the adverse impact of confrontations witnessed on campuses in other communities across the metroplex. 13 . Agenda Items 10B. and 10C. are professional services contracts for (1) the improvements at Bicentennial Park and (2) the S.H. 114 - F.M. 1709 - F.M. 1938 corridors study. Please let me or Greg Last know if you have any questions . Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 25, 1994 Page 5 14 . Agenda Item No. 10D. Requests for additional personnel in Community Development and Public Works . During the budget work sessions in preparation of the current operating budget, and several times since, we have mentioned to City Council the anticipated need for additional staff at mid-year if growth continues as expected. We will be at mid-year April 1, and our original estimate for additional staff has changed only in that we believe we can go until next budget year before we need to add additional clerical staff in building inspections . We greatly need a zoning clerk, an additional building inspector, and an additional construction inspector. The funds necessary to pay the positions are being generated by the higher than anticipated growth. Our ability to respond to service needs has been stretched to the limit . Please feel free to talk to Greg Last, Bob Whitehead, Shana Rice, or me if you have any questions prior to the meeting. 15 . Agenda Item No. 11A. is intended to give staff direction in the potential rezoning of properties which have zoning but have no established use, have zoning that is proper for their current use, both of which are not in agreement with the current Land Use Plan. OTHER ITEMS OF INTEREST 16 . See the attached draft agenda for the Town Hall Meeting March 3 , 1994 . 17 . There will be a special joint work session between the City Council and the CISD Board of Trustees, Tuesday, March 8, 7 : 00 p.m. to discuss the ramifications of the failure of the school bond election to the community. The need for facilities within CISD is a quality of life issue which impacts the City Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 25, 1994 Page 6 as well as the school . The JUC meeting between the City and the school which is scheduled at the same time will be held prior to the work session. 18 . Attached hereto is a letter from Continental Joint Venture concerning the Timberlake Phases III & IV Developer agreement, which included reference to the Country Walk preliminary plat . The developer, David Howell, requested the item be tabled until March 15 . Staff has further researched the question of the open space in the Country Walk preliminary plat and is preparing a detailed memo for your information. This should be ready to hand out Tuesday evening. CEH/kb rail IRS IG man �.:.I IEEx � � 11�IIIIIIIIIn��:•:►J�i���k����� c 600,11 '!sir OF RICH t; . EAD �MV11,Ii ■_� NO r �S 1 1U HALF `'� City of Southlake,Texas M E M O R A N D U M February 24 , 1994 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Request for Zoning Clerk Position The Community Development Department has experienced tremendous increases in activity levels in the past year as evidenced by the volume of zoning, platting and other development cases being processed through the city. There are two areas of activity which have increased the most . First are the requests for information from existing and future citizens, landowners, commercial brokers, developers, appraisers, the media and others . Second is the increase in ZBA cases and related preparation. The level of interest in the City of Southlake is extremely high now and will continue for the foreseeable future . The requested position, Zoning Clerk, would greatly aid in the service level provided to citizens and others while allowing the professional staff more time to address the technical and unique responsibilities of their respective positions . In particular we are intending to utilize this position to aid Karen Gandy in the administration of ZBA requests . Attached please find a draft description of responsibilities for the proposed position. Also attached is a summary of Activity Indicators for your consideration. I would welcome the opportunity to discuss the proposed position or the anticipated responsibilities should you have any questions . 67.or GL/gj encl . Draft Zoning Clerk responsibilities Activity Indicators COMMUNITY DEVELOPMENT DEPARTMENT ACTIVITY INDICATORS 2/24/94 INDICATORS OF SERVICE ACTIVITY ACTUAL ACTUAL ESTIMATED 1991-92 1992-93 1993-94 Pre-submittal Development meetings 40 60 60 Plat Reviews 30 79 80 Zoning and S .U. P. Cases 25 45 45 Concept Plan/Site Plan Reviews (Zoning) 4 22 22 Site Plan Reviews (Building Permit) 8 11 11 Landscape/Irrigation Plan Reviews 0 6 6 Board of Adjustment Cases 25 32 40 Ordinance Development or Revisions 8 7 9 Requests for information 3 , 000 10, 000 10, 000 ecial projects 2 6 12 Anticipated Ordinance Development/Revisions (1993-94)' - Drainage Ordinance - Driveway Control Ordinance - Zoning Ordinance-Revise nonconforming use regulations/amortization - Zoning Ordinance-Revise inconsistencies suggested by ZBA - Subdivision Ordinance-Revise Park dedication section - Any ordinances recommended by Corridor Study - Regulation of coin operated/video machines Anticipated' Special ProJects (1993-94) - Corridor Studies- SH 114 , FM 1709, FM 1938 - Bicentennial Park Expansion - Proactive rezonings in accordance with Land Use Plan - Conceptual Planning-Ultimate Bicentennial Park - Conceptual Planning-Walnut Grove/Marshall Creek Parks - Conceptual Planning-Property adjacent to CORPS land - Development guide for commercial & residential Tree preservation-Inspector training and builder presentation - Orientation packet for CC, PZ, ZBA members COMMUNITY DEVELOPMENT DEPARTMENT 1/31/94 SUMMARY OF RESPONSIBILITIES Page 5 of 6 ZONING CLERK • Responds to public inquiries at the public information counter. • Answer phones for the C.D. Department and provide back-up phone answering to Public Works and Building Inspections . • Provide back-up note-taking for P&Z or ZBA meetings in the absence of the regular secretary. • Administer the sale of ordinances, maps and copies to the public . Determine appropriate expense code and process payments and receipts . • Filing of documents in an organized manner. • Date mail, categorize and distribute . • Coordinate the research, preparation and mailing of required certified notifications to adjacent property owners . • Prepare all exhibits required by the Zoning Administrator for meeting presentations . • Run copies and prepare packets for Council, P&Z and ZBA meetings. • Maintain an updated list and filing of all subdivision plats . • Maintain computerized summaries of all platting and zoning actions . • Assist Administrative secretaries when needed. • Relieve receptionist/cashier as needed for vacation back-up. • Operate postage scale and stamp machine, weigh and affix proper postage. • Prepare monthly income report for Council packets . • Stamp all documents with date received and route to appropriate staff . • Monitor mapping inventory and maintain sufficient number of maps . • Monitor inventory of development applications in lobby. • Maintain sufficient number of development-related ordinances for sale . City of Southlake,Texas M E M O R A N D U M February 25, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: New Personnel for Public Works Department The Public Works Department is asking for two new field personnel . The positions would be : (1) Construction Inspector (1) Building Inspector Construction Inspector Currently we have one Construction Inspector. In 1993 we had an average of 18 projects ongoing at any time . In 1994 we anticipate the average to increase to 24 projects . To provide for adequate inspections, one to two hours per day should be spent on each project . Obviously one person on 24 projects working 12 hours per day can only spend an average of one-half hour on each project . Contractors currently work six days a week which means the inspector must be on duty. The current inspector logged 370 compensatory hours during 1993 , in addition to working 12 hour days during the summer hours . The addition of a second Construction Inspector will reduce the amount of compensatory time and/or overtime needed to cover the projects . In addition, a second inspector will be able to share the Saturday coverage required. Finally, we have asked one employee to do too much for too long. Building Inspector An additional Building Inspector is necessary to provide adequate services to the builders and homeowners. Paul Ward, Building Official, has researched and provided the attached information. Note two areas : 1 . Last paragraph - COMMERCIAL CONSTRUCTION - a standard is 30 minutes per inspection. 2 . If we use the ICBO standards and assume an average two story house with 3 , 000 square feet of space, then we would need a total of 5 . 75 hours of inspection time or 25 minutes for each inspection. Using 1993 data (see attached) there were 18 , 084 inspections conducted. Using a standard of 30 minutes per inspection, we would Curtis E. Hawk, City Manager New Personnel for Public Works Department February 25, 1994 Page 2 need to provide 9, 042 hours of service (18, 084 X 30/60) for the year of 1993 . Employees have 1, 912 work hours per year [2, 080 hrs - 72 hrs (holidays) - 80 hrs (vacation) - 16 hrs (sick) ] . Therefore, we would need 4 . 73 inspectors (9, 042 hrs - 1, 912 hrs/employees) Our current employees include one Chief Building Official and two Building Inspectors, for a total of three or two short of the "standard" . For FY 1993-94 we are experiencing a 10% growth in inspections (5, 799 to 6, 333) . See attached January Report. ` BW wpfiles\memos\personnel BUILDING DEPARTMENT FEBRUARY 24 , 1994 SINGLE STORY INTERNATIONAL CONFERENCE DWELLING OF BUILDING OFFICIALS FOUNDATION 20 MIN FRAME 25 MIN ROOF 10 MIN PLUMBING ROUGH 15 MIN ELECTRICAL ROUGH 15 MIN HEAT & AIR ROUGH 10 MIN EXTERIOR WALL TIES 10 MIN FIRE PLACE 10 MIN T-POLE 10 MIN APPROACH 5 MIN FINAL * 45 MIN TOTAL 175 MIN *BUILDING 10 MIN *ELECTRICAL 15 MIN *HEATING 10 MIN *PLUMBING 10 MIN TOTAL 45 MIN ONE-STORY Add 5 min. for each additional 100 square feet over 1200 square feet . TWO-STORY Add 10 min. for each additional 100 square feet over 1200 square feet . TIME SPENT ON A TWO-STORY DWELLING WOULD BE APPROXIMATELY ONE AND ONE-HALF TIMES THAT OF A ONE-STORY BUILDING. COMMERCIAL CONSTRUCTION: Inspections 30 min. per inspection should be allowed for each type of inspection. Most inspection departments in the Metroplex determine the number of inspectors by the total number of inspections allowing 30 min. per inspection. Paul Ward Building Official PW/gh C;\WPDOCS\BUILDING\INSP_TMS -of Southlake City SUMMARY OF CALENDAR YEAR OF BUILDING PERMIT ACTIVITY 1993 Mayor: Gary Fickes Mayor Pro Tem: Jerry Farrier NATURE OF PERMITS NO. PERMITS VALUATION Councilmembers: Barry K.Emerson RESIDENTIAL-SINGLE FAMILY 517 $110,572,441 . 00 W.Ralph Evans Stephen W.Apple Sr. Jon Michael Franks RESIDENTIAL-ALT/ADDITION 42 987 ,090 . 00 Andrew L.Wambsganss City Manager: RESIDENTIAL-ACCESS . BLDG. 31 311,550 . 00 Curtis E.Hawk COMMERCIAL-NEW 14 1,885,300 .00 City Secretary: Sandra L.LeGrand COMMERCIAL-ALT/ADDITION 16 1,792 , 100 .00 SWIMMING POOLS 218 4,005, 130 . 00 SCHOOLS 3 67 , 000 . 00 FENCES 12 69 ,400 . 00 CHURCH 4 819 , 100 . 00 SATELLITE DISH/ANTENNA 1 1, 000 . 00 TENNIS COURTS 3 77,500 . 00 $120,587,611.00 1993 TOTAL AMOUNT OF FEES PAID $1,017,682.71 BUILDING DEPARTMENT P6 ilding S,&cr ary 4A-1 667 North Carroll Avenue• Souihlake, Texas 76092 (817) 481-5581 • FAX (817) 481-0036 -�I-IAI .O.no- -1--1- N 01 W M .-I Mr-1M00NOM [- NONMr-I 'IV 111 [- MOOOO (DO �1 U O -4 N d- to -i Ln r-1 to .--4 c') cn N 1-1 N .--I .--I r--1 Q) E1 Hrl to W I o H M ai v) W .-I Md' NcMtoOC NNtDM (V %D %D r- r- C .-I tf1000 01 >4 U -W •-4 -4 d' to r1 In to O (n M N --4 N 04 -4 1-1 .-1 r-I to H O e-I N W at W E1 0i >I 1Q� r-I 1- •-I N m c) C) 00 -;V In d' N to o r- r- M to 0 Cl 0 Ill Q [- (n N r--I 1-1 4 C11 00 cM .--I 01 to N 1- r� M E-1 N M -4 M CV r'1 o► to O r-1 M Q) E-1 I E1 r-4 wx wawa QW ( Ei ON .-4 V. 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U to 0 x TOTAL BUILDING INSPECTIONS OCT. 1992 THRU FEB. 1993 MONTH BUILDING ELECTRICAL PLUMBING HEAT AIR TOTAL OCTOBER 490 396 383 207 1476 NOVEMBER 362 298 579 192 1431 DECEMBER 341 380 369 238 1328 JANUARY 394 386 416 247 1443 FEBRUARY 326 319 346 206 1197 TOTAL TO DATE 1913 1779 2093 1090 6875 NEW SINGLE FAMILY PERMITS: OCT. 1992 THRU FEB. 1993 OCTOBER 36 NOVEMBER 23 DECEMBER 44 JANUARY 30 FEBRUARY 31 TOTAL TO DATE 164 TOTAL BUILDING INSPECTIONS OCT. 1993 THRU FEB. 23 , 1994 MONTH BUILDING ELECTRIC PLUMBING HEAT/AIR TOTAL OCTOBER 461 376 447 210 1494 NOVEMBER 493 516 519 261 1789 DECEMBER 437 456 490 255 1638 JANUARY 407 391 465 230 1493 FEB. 23 , 1994 313 313 353 178 1177 TOTAL TO DATE 2131 2052 2274 1134 7591 OVERTIME HOURS WORKED OCT. 93 THRU FEB. 16 . 1994 : OCTOBER 41 NOVEMBER 46 DECEMBER 62 JANUARY 48 FEBRUARY 63 TOTAL TO DATE 260 NEW SINGLE FAMILY PERMITS: OCT. 1993 THRU FEB. 23 1994 OCTOBER 38 NOVEMBER 46 DECEMBER 59 JANUARY 49 FEBRUARY 30 TOTAL TO DATE 222 VACATION TIME UNABLE TO TAKE BY INSPECTORS. PAUL WARD 126 hrs. (16 HRS SINCE DATE OF HIRE 5/18/92) EDDIE WILSON 137 hrs . 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V CA IL)U H H 1 O � H 8 TOWN HALL MEETING March 3, 1994 7:00 p.m. SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN) Welcome Mayor Fickes will welcome the crowd and thank them for showing an interest in the community and in SPIN. Mention that the program was reviewed in concept at the June Retreat and the ordinance was passed in November. Introduce Brad Bradley as the person who brought the idea to the Council. Introduction to SPIN Judge Bradley will review the concept of SPIN, why it is important, and why he is involved with the program. Give a "testimonial", as a citizen of Southlake, about how this program will be a helpful communication tool. Essentially, this presentation is the marketing portion of the program. How SPIN Will Work Curtis and Shana will tag team this portion of the program. This presentation will provide basic information about how SPIN will work, covering topics such as how Neighborhood Council Chairs (Standing Committee) will be appointed, how Neighborhood Councils will function, how the Standing Committee will function, what kind of staff support will be available to Neighborhood Councils, what types of issues could be discussed in the context of SPIN. This presentation should also include a discussion on the use of youth volunteers in SPIN. Ouestions and Answers At this point, the Mayor will again come to the podium and will coordinate the question and answer period. Citizens will be encouraged to ask questions about SPIN to ensure that they have a complete understanding of the program. If possible, we should try to keep the conversation on SPIN, so that those who wish to leave may do so at the conclusion of Q&A. Open Forum At this point, the Mayor can open the floor for any other discussion that citizens might wish to initiate. This is different from the question and answer period in that citizens may ask or discuss any issue they wish, the idea being that we can illustrate our willingness to communicate with citizens about any issue. Adjournment FROM :GREPT GULL —HLLPS TO 817 481 SS81 754 1994.02-24 04oS3PM1 #244 P.02/02 PAB"OUNT LAND DEVELOPMENT, INC. February 24 r 3 994 sandra Morey city of Southlake 667 N. Carroll Southlake, Texas 76092 RE: Timberlake 3 & 4 Developer Agreement and Country Walk Preliminary Plat Dear Sandra: Further to our telephone conversation, we hereby are requesting to have both the Timberlake Developer Agreement and the Country Walk Preliminary Flat tabled to the next meeting. It is my understanding that this Developer Agreement will he on the March 15 City Council Agenda and the Preliminary Flat will be on the March 17 Planning and Zoning Commission Agenda. sincerely, CONT NENTAL JOINT VENTURE. David W. Howell, F.E. Vice President cc: Clyde Sifford 15851 DAI I AS PAnKWAY SUITE 100 LOCK BOX 104 DALLAS 'I LXAS, 75248 (214) 490-3265 VAX (214) 991-4949 City of Southlake,Texas M E M O R A N D U M February 21, 1994 To: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Plat Vacation - Greenway Industrial Park ZA 94-13 Subdivision Ordinance 483, Section 2 . 05, allows for the vacation of a plat previously filed by the City upon application of the owners of all lots in the original plat . Upon approval of the plat vacation, the vacated plat has no effect . John E. Papagolos, developer, has submitted an application to vacate the plat of Greenway Indusrial Park for E.L. Dalton, owner of the property. The plat of Greenway Industrial Park was filed for record in January 24, 1974, but the development was never constructed. Mr. Papagolos is requesting this vacation so that the property may then be platted as Hillcrest Estates, a proposed single-family residential addition. (The property is currently zoned SF-20B. ) Attached is a copy of the plat vacation request with a graphic exhibit of the plat to be vacated. City staff has also reviewed this request and has no problems with the vacation of this plat . The applicant will obtain utility company signatures prior to staff obtaining the Mayor' s signature and filing in the courthouse records . On February 17, 1994, the Planning and Zoning Commission approved the plat vacation. GL/te Attachment : Plat Vacation Request Rk:CAWPF1F_W-ROW.-PVL1Mreen%W../nd 5 �-I CITY OF SOUTHLAKE Vacation of Plat Date: January 24, 1994 WHEREAS, W.E. Dalton, acting by and through the undersigned, its duly authorized agent, being the owner of all land included in the plat entitled Greenway Industrial Park filed for record in Volume 388-88, Page 46, of the Plat Records, Tarrant County, Texas, do hereby declare said plat to be vacated, and do request the Planning and Zoning Commission and City Council of the City of Southlake to approve said vacation. This is to certify that W.E. Dalton is the sole owner of the property described above on the date of this application. W.E. Dalton STATE OF TEXAS COUNTY OF TARRANT BEFORE ME,the undersigned authority, on this day personally appeared W.E. Dalton, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration :aerein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 1993. Notary Public in and for the State of Texas Approved by City of Southlake, day of , 1994. By: Mayor,City of Southlake Return to: Owner: City Secretary W.E. Dalton City of Southlake 2351 W. Northwest Highway 667 N. Carroll Ave. Suite 3320 Southlake, Texas 76092 Dallas, Texas 75220 CITY OF SOUTHLAKE Certificate of Approval L we the undersigned as duly authorized representatives of the following franchise utilitycompanies, hereby express no objection to the vacation of the plat(and subsequent utility easements and rights-of-way contained within) as shown on the attached exhibit. This plat to be vacated was previously recorded in Volume 388-88, Page 46, of the Plat Records, Tarrant County, Texas. Texas Utilities Electric Tri-County Electric Cooperative, Inc. Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: GTE Southwest, Inc. Lone Star Gas Company Signed: Signed: Printed Name: Printed Name: Title: Title: late: Date: Harron Cablevision of Texas Sammons Communications, Inc. Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: Southwestern Bell Telephone Signed: Printed Name: Title: Date: �sfl OU ���■■/ �� V�© ',,ill —7�-� blob NIS■�■�■� ■ ' 1w IN ;� ► :�. i .may •�}J: .il W L:::� i-'`{c IJG ALL ME[ l'Till, lam'■f.'.� VG � A Lr■ f9*t.r>. i ■. --� TRACT • • W i47 WG . / t JOH- ♦ JJ�•i 1 . J '�:.1:a •/fs�•;a�t�.•.vtr ..�.��__ _ _ ___._-__._.. .�,4J1�y:i� _:>: �. Y .��`- '�t`3�' `�• '-�- .: '' � � '�l'f � `�it �`� �_=' Ii as co ilia 4 s.yt is '7•= a •� =�tY: t�'F i � � '•� .'y.. � �,• ' � ••it '� t. . a i ! i,.7•; ;;is t' �•:tilt bi P rZ qi 5i i�. .��� t i i i �I:.. X• :i k iii��•t Od _ 1 _ti LQ R• ` � ,[9"NZI ..N-a(,60A S C O 2 's �Is, Z4o PA e 3 e 1 ` g o Q w p y : W ♦ pti 1. _ as a ,•;,. ri.. _ � ..ice O YOM 700AFOS• .7704fYY.! o•�—�� s ? b Op ,('• :':-� ' .ate..`��G.V���_+- .L:.lw..:1.I1%�[S�l'i-.^C:'.+�iS�.:____. .e ..... - ��6 r City of Southlake,Texas M E M O R -A N D U M February 24 , 1994 TO: Curtis E. Hawk, City Manager FROM: Shana Rice, Assistant City Manager SUBJECT: Award of Bid for one (1) Diesel Tractor, Four Wheel Drive with Turf Tires, for use in the Parks Division The City Council authorized the purchase of a diesel tractor at its February 1, 1994 meeting. Advertisements were published and bids were publicly opened and read aloud on February 23 , 1994 at 10 : 00 a.m. Three bids were received, and two met the minimum standards- required by the specifications. The bid from Saginaw Implement did not meet specifications, since the turf tires on the equipment are not compatible with a front end loader. Attached is an analysis of the bids received, and the rationale of Park staff' s recommendation. Staff recommends the award be made to Zimmerer Kubota at $15, 178 . 00 . Council should note that staff is not recommending the purchase of the five year extended warranty. Funds for the purchase of the tractor are included in the 1993-94 budget at $16, 000 . 00 . SR f .�° O p ono � O 3 o b C= ;fl a o Cd 4-4 'd V O ^' . ,O r A b cz ?+; H 'b c) U O O N O tr O O o � o owb 'n o w coda F, a >� b M G'2 N E N C>z O O N 00 tn W C� •--� .-� M y O� M o 64 bR O cd C a oC13 y Cd w a a o U City of Southlake,Texas M E M O R A N D U M February 25, 1994 TO Curtis E. Hawk, City Manager FROM Sandra L. LeGrand, City Secretary SUBJECT Renewal Contract with Fort Worth Star-Telegram for Legal Publication. The current contract for the city's legal publication has expired. The City has designated the Fort Worth Star-Telegram as the legal publication as it is one of the newspapers in the area that meets the requirement of the City of Southlake Home Rule Charter and State Statutes. The Dallas Morning News also qualifies as a legal publication, however, they are considerably higher in costs. I received the attached letter from Jerry Scott, Classified Advertising Manager, informing me of the amended rates. Comparing the new rates to the current rates: Current Rates: Both morning and evening editions of the full circulation are $.43 per agate line per day. This compares to the regular rate of $3 .81 per line per day for legal notices. Legals published on Saturday or Sunday are $.70 per agate line per day. Display ads and recruitment ar currently $3 .24 per agate line per ►' day. New Rates: Legal notices will be published in both the morning and evening editions of the full circulation Star-Telegram at the rate of $. 46 per agate line per day. This compares to the regular rate of $4 . 04 per line per day for legal notices. Legals to be published on Saturday or Sunday will be $.75 per agate line per day. Employment and other display ads in the classified section of Star- Telegram will be $3 . 37 per agate line per day, compared to the regular rate of $8.40 per line for Sunday employment ads. This special rate applies only if the Star-Telegram is chosen to publish legals for the City of Southlake. In addition, affidavits of publication will continue to be furnished to the City upon request, at no additional charge. Ads are to be set in agate type unless requested otherwise. The rates have increased slightly, but are still considerably lower than other area newspapers. If you have questions, please do not hesitate to contact me. /sl E NEWS YOU WANT WHEN YOU WANT IT Fort Worth Star-Telegram MORNING EVENING SUNDAY Jerry Scott Classified Advertising Manager RECEIVED February 17, 1994 FES *2 j 19134 CITY SECRETARY Sandra L. LeGrand City Secretary City of Southlake 667 North Carroll Avenue Southlake, TX 76092 (Fax# 481-0036) Dear Ms. LeGrand: On behalf of the Fort Worth Star-Telegram, I submit herein our bid to publish legal notices for the City of Southlake for the period of March 1, 1994 through February 28, 1995. Legal notices will be published in both the morning and evening editions of 'e full circulation Star-Telegram at the rate of $.46 per agate line per y. This compares to the regular rate of $4 .04 per line per day for legal otices. Legals to be published on Saturday or Sunday will be $.75 per agate line per day. We will publish employment and other display ads in the classified section of the Star-Telegram at a rate of $3. 37 per agate line per day. This compares to the regular rate of $8. 40 per line for Sunday employment ads. This special rate applies only if the Star-Telegram is chosen to publish legals for the City of Southlake. In addition, affidavits of publication will be furnished to the City of Southlake upon request, at no additional charge. Ads are to be set in agate type unless requested otherwise. We are pleased to offer you the large circulation of the Fort Worth Star- Telegram at this low bid. Your approval of our bid would be appreciated, and we look forward to serving you in the coming year. cerely, �' e - gry Scott Betty Williams Debi Morris 400 WEST SEVENTH STREET / FORT WORTH,TEXAS 76102 / AREA CODE 817/390-7519 Sc—a- City of Southlake, Texas CONTRACT FOR OFFICIAL PUBLICATIONS STATE OF TEXAS COUNTIES OF TARRANT AND DENTON This Contract, dated as of March 1, 1994 , is made and entered into by and between the City of Southlake, Texas, (the "City") and the Fort Worth Star Telegram (the "Publisher") . WITNESSETH: WHEREAS, in accordance with Section 12 . 05 of the City's Charter, the City Council, as approved on March 1, 1994 , has designated the Fort Worth Star Telegram (the "Newspaper") to be the official newspaper of the City. Such newspaper being of general circulation in the City. NOW, THEREFORE, for and in consideration of the mutual covenants, promises the agreements herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and the Publisher do hereby agree as follows: I. That the City will cause to be published in the Newspaper any ordinances, notices, and other matters which are required to be published by the City' s Charter, the ordinances of the City, or the Constitution or laws of the State of Texas. II . That the City and the Publisher hereby agree that the rates to be paid by the City for the City's official publications are as follows: Legal notices will be published in both the morning and evening editions of the full circulation Star-Telegram at the rate of $ . 46 per agate line per day. The compares to the regular rate of $4 . 04 per line per day for legal notices. Legals to be published on Saturday or Sunday will be $ . 75 per agate line per day. The publisher agrees to publish recruitment and other display ads in the classified section of the Star-Telegram at a rate of $3 . 37 per agate line per day, compared to the regular rate of $8 . 40 per line for Sunday employment ads. This special rate applies only if the Star-Telegram is chosen to publish legals for the City of Southlake. In addition, affidavits of publication will be furnished to the City of Southlake upon request, at no additional charge to the City. Contract for Official Publications Fort Worth Star Telegram page two III. This Contract may be modified or amended at any time upon the written approval by both the City and the Publisher. Any such amendment or modification shall be attached to and incorporated into this Contract. IV. This Contract shall be in full force and effect until the 28th day of February, 1995, or its earlier termination or cancellation by either the City or the Publisher upon thirty (30) days written notice to the other party. Written notice shall be deemed given upon a party hereto three (3) days following the deposit of such notice in the United States mail, postage prepaid and properly addressed to such party as follows: TO THE CITY: City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 TO THE PUBLISHER: Director of Advertising Fort Worth Star-Telegram 400 West Seventh Street Fort Worth, Texas 76102 IV. That the persons affixing their signatures hereto on behalf of the City and the Publisher are duly authorized and empowered to execute this contract. CITY OF SOUTHLAKE, TEXAS Curtis E. Hawk, City Manager ATTEST: Sandra L. LeGrand City Secretary Contract for Official Publications Fort Worth Star-Telegram page three FORT WORTH STAR-TELEGRAM Jerry Scott Classified Advertising Manager contracAlegal publication\star-tele\sl City of Southlake, Texas M E M O R A N D U M February 25, 1994 TO: Curtis E . Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Change Order No. 1 with Bil-Mik, Inc. to Construct a Six Inch Water Line Extension Along T.W. King Road from Bob Jones Road North to Westpark Loop. Westpark Water Corporation, holder of a Certificate of Convenience and Necessity (CCN) for the Westpark area, has requested the City of Southlake to provide public water service to their customers . City public works staff and the City' s attorneys have been working with Westpark Water Corporation to de-certify Westpark' s CCN. The de-certification process has not been completed. Since August 1993 when Westpark requested the City' s water service, Villager Mobile Homes and the property north of Dal-Dan have requested City of Southlake water (see attached map) . The closest city water line is at Bob Jones Road and North White Chapel Road, a distance of 3 , 200 feet east of T.W. King Road. Therefore, until a water main is constructed on Bob Jones Road from North White Chapel Road to T.W. King Road, the City can utilize the "Contract for Water and Wastewater Services Between Trophy Club Municipal Utility District No. 1 and the City of Southlake" (Contract) dated February 4 , 1992 . The Contract provides for Trophy Club M.U.D No . 1 to provide "to the City up to one hundred thousand (100 , 000) gallons per day of potable water meeting all applicable governmental standards . . . " Discussions with Mr. Roger Unger, District Manager, Trophy Club M.U.D. No. 1 have been held and a letter of request has been sent . Bil-Mik, Inc . is currently under contract with the City for Water System Improvements on South Peytonville and West Continental Blvd. Staff recommends that Bil-Mik, Inc . be awarded Change Order No. l , which would add $49, 961 . 50 to their current contract of $225 , 114 . 90 for a total contract of $275 , 076 . 40 . For a comparison the other contractor currently installing water system improvements on Pearson Lane quoted a price of $78 , 475 for the water main on T.W. King Road. Contracts may be changed by "Change Orders" up to 25% of the value of the original bid before new bids must be taken. Please place this item on the March 1, 1994 agenda for Council consideration. BW wpfiles\memos\twking.co A. CO©INSON A-1132 4r, I. BELCHER � A-30 H HARRIS A-368 31 s WCSL�arK / µ 13.K•N.p. 7.i 2S 0.14.19 31 4 30 12 i 33. N ' M. MEDLIN / I A-932 I t 3-.i J J.C L---- , 1 / VIVA Mc NI 1 / 2 MOBIL A. ROBINSON NOII{� A-1131 - PARK ' = i 3 i 3 I 2 1 • QA/- ca x R.'PRICE 1 u to s i i A-992 -J w9 .IOIF3 1 L-- I I 7A ' ' I -- 'M. MAf zl gT— �e -Zoe --- --- z 1 z W J® ISEPH—HI�HR M 1 j h �YI A`52B A-15W� A-1588 W. MULLS (ou A-1607 DEN J HE"RV ---:----- -- -- --- A-7az . W ILES TARE M 1_ T IAI IA �a .I 7A-1086 z SA ME, (LQ D DOUTHI j/ to , w uAVEY A8 Nq A-446 IA t t No. 1 CHANGE ORDER Now, Dated: 2123194 OWNER's Project No. N.A. ENGINEER's Project No. 001-513 Project Construction of Proposed 8" & 12" Water Line OWNER City of Southlake Contract For Water System Improvements -8"Imn. -S Pevtonville Ave & 12" Imp -S Continental Blvd, Contract Date: February 3. 1994 o: Bil-Mik. Inc. Contractor You are directed to make the changes noted below in the subject Contract: City of Southlake Owner By Bob Whitehead,P.E.-Director of Public Works Dated , 1994 Nature of the Changes: Construct 6" water line extension along T.W. King Road (approx. 2,850 L.F. of 6" PVC -DR 18 water pipe). Enclosures: Exhibit "A" (Change Order Costs) These changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order $ 225,114.90 Net(Increase) Resulting from This Change Order $ 49,961.50 Current Contract Price Including This Change Order $ 275 076.40 NSPE-ASCE 1910-8-B (1978 Edition) "MW Page 1 of 2 ,-Td-3 Contract Time Prior to This Change 90 calendar days (May 10. 1994) (Days or Date) Net(Increase) Resulting from This Change Order 20 calendar days (Days) Current Contract Time Including This Change Order I10 calendar days (�30. 1994) (Days or Date) The Above Changes Are Approved: Cheatham &Associates Engineer Byit",iiiiii. Eddie Cheatham,P.E. Date 1994 ---------------------------------------------------- ---------------------------------------------------- The Above Changes Are Accepted: Bil-Mik. Inc. Contractor By Date , 1994 wr• Page 2 of 2 6—d— '/ EXHIBIT "A" Bil-Mik Inc. _ 11585 Alta Vista Keller, Texas 76248 Ph. (817) 431 -2623 ATTACHMENT TO CHANGE ORDER NO. 1 Est.# Change Order Proposal Job # 001 -51 3 Job Name 6" Waterline Job Location T.W. King Road Owner City of Southlake Engineer Cheatham & Associates For Materials and Labor Period Ending 2-18-94 Item Description Cont. Complete Unit Total Quan. to Date Price 1 6" DR18 Water 2 850 LF 11 . 75 33 , 487 .50 Tapping Valy 2 6" Connection 1 EA 1 , 100 . 00 1 , 100 . 00 3 2" & 4" ConnectE 4 EA 300 . 00 1 . 200 - 00 4 Hydrant & Valve 6 EA 1 , 280 .00 7, 680 .00 5 6" Gate Valve 4 EA 330 . 00 1 , 320 . 00 v' 2" Gate Valve 2 EA 240 . 00 480 . 00 7 4" Gate Valve 2 EA 300 . 00 600 . 00 8 Concrete Encase 40 LF 14 .00 560 .00 9 Stone Backfill 33 CY 18 . 00 594 . 00 10 HMAC Repair 75 LF 10 . 50 787 . 50 11 Gravel Repair 150 LF 2 . 00 300 . 00 12 Extra Concrete 0 CY 90 .00 0 . 00 13 Trench Safety 2, 850 LF 0 . 65 1 , 852 . 50 Total 49 , 961 . 50 ��-•`5— CONTRACT FOR WATER AtrD WASTEWATER SERVICES BETWEEN TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 AND THE CITY OF SOUTHLAKE THIS CONTRACT is made and entered into this 4th day of February , 1992 , by and between TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 ( hereinafter referred to as the "MUD" ) , acting by and through the duly authorized President of the MUD's Board of Directors , and the CITY OF SOUTHLAKE, TEXAS, a home rule municipal corporation (hereinafter referred to as the "City" ) , acting by and through its duly authorized Mayor. W I T N E S S E T H• WHEREAS, the MUD owns, operates, and maintains facilities for processing and distributing a supply of surface water and subsurface water and owns, operates, and maintains wastewater treatment facilities, and at the present time is qualified to furnish and deliver treated water and to receive and treat wastewater; and WHEREAS, on April 7 , 1988 , the MUD and the City entered into a contract (the "Utility Contract" ) whereby the MUD agreed to supply to the City certain quantities of water and to receive and treat wastewater from a particular designated site within the City; and WHEREAS, on May 7 , 1991, the MUD and the City entered into an agreement to extend the term of the Utility Contract and to revise the rates to be charged thereunder; and WHEREAS, the City and the MUD now desire to enter into this Contract to authorize the providing of water and wastewater services by the MUD to certain other portions of the City in accordance with the terms and conditions of this Contract; and WHEREAS, the parties have each determined that the terms and conditions of this Contract are desirable, fair, and advantageous for such party; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS :FOR AND IN CONSIDERATION of the terms , conditions, and covenants contained herein, the MUD and the City do hereby covenant and agree as follows : 1 . TERMS AND CONDITIONS The City shall be entitled to receive and the MUD hereby agrees to make available for delivery to the City up to one hundred 5d- to thousand ( 100 , 000 ) gallons per day of potable water meeting all applicable governmental standards, delivered under the normal operating pressure prevailing in the MUD' s water distribution system at the point(s ) of delivery mutually agreed upon. If the City of Fort Worth shall ration the use of water pursuant to the contract for water service between the City of Fort Worth and the MUD dated March 13, 1979 (the "Fort Worth contract" ) , with water rationing or water conservation measures imposed upon the MUD, then the City shall institute and apply the same rationing, conservation measures, or restrictions to the use of water as required of all other customers of the MUD. If at any time during the term of this Contract for reasons beyond the MUD's control, the City of Fort Worth reduces the amount of water it will provide the MUD, the MUD may reduce the amount of water it furnishes the City by the same proportion as that by which the MUD reduces its supply of water to all other customers of the MUD. The MUD represents and warrants to the City that it presently has a water contract with the City of Fort Worth which permits it to deliver 100, 000 gallons per day of potable water to the City and that this quantity of water will be reserved by the MUD for use by the City during the term of this Contract. .�..► 2 . LOCATION AND MAINTENANCE OF MEASURING DEVICES All water furnished by the MUD to the City shall be measured by mutually acceptable meters . All meters and recording equipment shall be installed and operated by the MUD. The point or points of delivery of treated water by the MUD shall be the meter vault connection to the City' s side of each meter, and all necessary maintenance and distribution facilities from and beyond said points shall be furnished by the City. The location of each meter shall be mutually agreed upon by and between the parties hereto, and the meters shall not be moved or relocated except by mutual consent. ' Either party shall have the right to test the meters and appurtenances at any time. No meter shall be adjusted, changed, or tested, in place or elsewhere, unless the party intending to make such adjustment, change, or test shall first give notice .to the other party of this intention and thereafter give reasonable opportunity to the other party to have representatives participate -2- .rce- 7 in such test, change, or adjustment . All meters will be poperly sealed, and the seal shall not be broken unless representatives of the parties hereto have been notified and given a reasonable opportunity to be present . 3 . METER READING AND BILLING The MUD shall read all meters provided for herein from time to time, but not less than at monthly intervals , and the parties to this Contract shall have free access to read these respective meters daily, if any party so desires . It shall be the duty of the parties to give immediate notice, each to the other, should any meter be found not functioning, and upon such notice repairs to such meter shall be made promptly. Whenever it is evident that a meter has not registered accurately for a period of time, the quantity used shall be estimated in accordance with the usage under similar conditions for an equal period of time. The meter readings or rates of flow shall be added together when more than one meter is in service for water or wastewater, and the sum thereof shall be used for the purpose of calculating the total water supplied to the City or wastewater received from the City. 4 . RATES The MUD' s rate to be charged for water delivered to the City shall be double the regular rate set by the MUD from time to time for similar customers and property located within the boundaries of the MUD. The MUD' s rate to be charged for wastewater treatment for normal domestic wastewater received from the City and treated by the MUD shall be double the regular rate set by the MUD from time to time for similar customers and property located within the boundaries of the MUD. The MUD' s rate for treatment of wastewater received from areas that also receive water from the MUD shall be based on total metered domestic water used within the site area ( but which excludes water used for irrigation, fire protection, and similar non-domestic uses ) . The MUD' s rate for treatment of wastewater from areas that do not also receive water from the MUD shall be based on the metered volumes of wastewater delivered by the City to the MUD for treatment . -3- sd-,F The MUD shall have the right to review th"e rates and to adjust the rates in the same proportion that rates are adjusted for all other customers of the MUD so that the rates charged to the City shall always be double the regular rate set by the MUD from time to time for similar customers and property located within the boundaries of the MUD, as provided by the MUD's Rate Order. In no event shall the rates charged to the City exceed those charged to any other similar user outside the MUD. The City agrees to pay the monthly charge for water and wastewater treatment service in accordance with the rates specified above. Monthly bills shall be due and payable at the office of the MUD on or before the twentieth ( 20th) day of the month immediately succeeding the month in which the bill is received. The MUD's standard penalty or late charge on past due accounts shall be added on any bills that are not timely paid by the City. The City shall not be required to pay for any water unless such water shall be actually received by the City. 5 . AMOUNT OF WATER While the MUD shall be required to supply up to 100, 000 gallons of water per day to the City absent any declaration of general emergency or conservation measure imposed by the City of Fort Worth as set forth in paragraph 1, "Terms and Conditions , " no provision of this Contract shall require the MUD to supply more than 100 , 000 gallons of water per day to the City. Nothing herein shall require the City to take 100 , 000 gallons of water per day nor to take more water than the City deems necessary. Furthermore, nothing herein shall require the City to take any amount of water whatsoever . 6 . WASTEWATER TREATMENT The MUD hereby agrees to receive and treat up to one hundred thousand ( 100 , 000 ) gallons per day of normal domestic wastewater delivered by the City during the term of this Contract, at the point( s ) of delivery mutually agreed upon. For purposes of this Contract, the term "normal domestic wastewater" shall mean wastewater excluding industrial wastewater discharged by a person into sanitary sewers and in which the average concentration of total suspended solids is not more than 250 mg/1 and BOD is not more than 250 mg/l . "Industrial waste" -4- 5 'l- 9> means waste resulting from any piocess of industry, manufacturing, trade, or business from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater. Only normal domestic wastewater, and no industrial waste, shall be delivered by the City to the MUD for treatment under this Contract. To insure compliance with this provision, the MUD shall have the right to inspect all of the City's wastewater lines that will be connected to the MUD's interceptor(s) or other facilities before the connection is made, and to inspect the City's wastewater lines thereafter during the term of this Contract. The point(s) of delivery of normal domestic wastewater shall be the point(s ) of connection from the City's collection line(s) to the MUD's interceptor line(s) , and all necessary maintenance and facilities on the City' s side of such connection point(s ) shall be furnished by the City. No metering shall be required of normal domestic wastewater collected by the City from customers who also receive treated water supplied by the MUD to the City. Any commercial customers of the City will be required to install a valved holding tank so that the wastewater from such commercial customer may be tested before the wastewater is released into the collection lines leading to the MUD' s interceptor line(s) . The requirement of a holding tank for commercial customers may be waived only be specific action of the MUD's Board of Directors . In the event that industrial waste or any other unauthorized material or substance is discharged into the MUD' s wastewater collection and treatment system that is detrimental to the collection and/or treatment system or to its efficient operation and maintenance, the City and its originating customer shall be liable to the MUD for any damages to the MUD's system and/or for the increased cost of operation and maintenance resulting from such discharge . 7 . APPROVAL OF CONNECTIONS No connection shall be made by the City or any contractor with a water or wastewater line operated by the MUD except upon at least five ( 5 ) business days prior written notice to the MUD. All connections to the MUD' s lines and/or facilities shall be inspected -5- and approved by a representative of the MUD before the connection is covered over. 8 . EFFECTIVE DATE OF CONTRACT FOR BILLING The MUD shall bill the City for water and wastewater treatment services as furnished pursuant to this Contract on the twenty-fifth ( 25 ) day of each month during the term of this Contract. 9 . RESALE OR ASSIGNMENT The City and its assignees do hereby covenant and agree not to sell or provide water obtained from the MUD to users outside the service area shown on the attached Exhibit A unless the prior written consent of the City of Fort Worth and the MUD is obtained. The City and its assignees also hereby covenant and agree not to sell or provide wastewater treatment services requiring treatment of wastewater by the MUD to customer sites outside the City unless the prior written consent of the MUD is obtained. The City shall have the right to submeter facilities and to recoup or recover from its customers the actual costs for water delivered by the MUD to the City and for the MUD' s treatment of wastewater received from the City. 10 . LIFE OF CONTRACT In order to continue their existing relationship for the mutual benefit of both parties , the MUD and the City agree that the term of this Contract shall be for a period of one ( 1) year from the date this Contract is executed . Thereafter, this Contract shall be automatically renewed for additional periods of one ( 1) year each beginning on the anniversary date of this Contract and for up to a maximum of three ( 3 ) such additional years unless and until either party gives written notice of termination to the other party at least nine ( 9 ) calendar months prior to the end of any such one ( 1 ) year term. 11 . FORCE MAJEURE If, by reason of force majeure, any party hereto shall be rendered unable, wholly or in part, to carry out its obligations under this Contract, other than the obligation of the City to make payments required under the terms hereof, then if such party shall give notice with full particulars of such force majeure in writing -6- to the ocher party within reasonable time after the occurrence of the event or cause relied upon, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuation of the inability then claimed, but for no longer period; and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure" as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the government of the United States or the State of Texas or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints ' of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, partial or entire failure of water supply, and inability on the part of the MUD to deliver water or wastewater treatment services hereunder on account of any other causes not reasonably within the control of the party claiming such inability. 12 . DUE AUTHORITY The persons signing on behalf of the City and the MUD represent and warrant that they are duly authorized to execute this Contract on behalf of the City and MUD respectively. 13 . REMEDIES Any party hereto shall have the right to specific enforcement of the terms and conditions of this Contract. 14 . OTHER PROVISIONS 14 . 1 The boundaries of the water service area shown in the attached Exhibit A are subject to approval by the City of Fort Worth under the Fort Worth contract . No water shall be sold or delivered by the MUD to the City for use or resale in a particular portion of the water service area unless and until such written consent has been granted by the City of Fort Worth relating to that portion of the water service area, pursuant to the terms of the Fort Worth contract . 14 . 2 Except as altered by the. specific provisions of this Contract, all water provided by the MUD to the City and all wastewater received by the MUD from the City shall be subject to -7- the standard rules , regulations, rates , and policies in effect for all customers of the MUD, as amended from time to time. ` NW., 14 . 3 This Contract represents the entire agreement of the parties and may not be changed or modified except by written instrument signed by the parties to be charged therewith. 14 . 4 Any notice provided for herein shall be given in writing, hand-delivered or mailed by certified or registered United States mail, postage prepaid, addressed as follows : If to the City: City of Southlake Attention City Manager 667 North Carroll Avenue Southlake, TX 76092 If to the MUD: Trophy Club Municipal Utility District No. 1 Attention District Manager 100 Municipal Drive Trophy Club, TX 76262 The designation of the person to whom and the place to which notices are to be mailed or delivered may be changed from time to time by any party by written notice to the other party. 14 . 5 From and after the effective date of this Contract, the v.. parties hereto will be bound by this Contract, and the Utility Contract dated April 7 , 1988 , shall be of no further force and effect except to the limited extent necessary to discharge remaining obligations under the Utility Contract . IN TESTIMONY WHEREOF, after proper action by the respective governing bodies of the parties hereto, we have caused these presents to be executed in five ( 5) copies , each of which is considered to be an original, and the seals of the respective parties to be hereto affixed to be effective on the date above written. CITY OF SOUTHLAKE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 By' \ By: Gary Fic s , Mayor President of the District's Board of Directors -8_ ,NOW, .5l-/3 ATTEST: ATTEST: 4Z.1 41,,%"A Z", &ev� ity Secretary Secretary of the District's Board of Directors APPROVED AS TO FORM: APPROVED AS TO FORM: South lake City Attorney Trophy Club Municipal Utility \3518-10.013\1.D District No. 1 Attorney -9- EXHIBIT "A7 CITY OF : iW...1rr 3OUTHLAKE -� ARt.A OF l5fKVICCJI L' O (J 101�M1 MR� • - �f/� TuwFwT P. A_ 7 I• -- T obi � RIM 1 — _ MH d PHIO W.�C!! • .aa IN DO w tN00 I 4!jt!�A�.'�TlN Ail Tl r --- —_ '). 'IVl1T �-..�.� • �— /- ,+l`. �'�' I( — 'L.�.ti� � �'OH�_�NIIGRC S-1� I .-. � 1 t - - .✓��� City of Southlake,Texas MEMORANDUM February 21, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-01 Rezoning/Concept Plan/Ordinance No. 480-110 REQUESTED ACTION: Rezoning and Concept Plan approval request for 15.49 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, being a portion of Tracts 2A, 2B, and 3D1. r LOCATION: West of the Bicentennial Park. OWNER/APPLICANT: City of Southlake, Texas CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Nine (9) RESPONSES: One opposed (within 200' notification area) : * Lisa Bailey, Francis Nathan, 535 Love Henry Ct. , concerned with noise, potential vandals, view, and bright lights. Two in favor (within 200' notification area) : * John & Kim Campbell, 498 Love Henry Ct. , not opposed, but concerned with potential noise, long game hours and lights. * Marian Truelove, 323 S. Madison, McGregar, Tx. , commented this will increase and expand the recreational facilities for the youth of Southlake. One in favor (outside 200' notification area) : * Harold Anis, North side of Love Henry, had concerns same as John Campbell. P & Z ACTION: February 3, 1994; Approved (5-0) subject to Plan Review Summary dated January 28, 1994 with the following stipulations: * No lights past midnight * Directional lights required * North bufferyard to be F1 * Formal presentation to be made at the City Council meeting. * No Public Address System COUNCIL ACTION: February 15, 1994; Approved (5-0) 1st Reading of Ordinance No. 480-110. STAFF COMMENTS: The City of Southlake is requesting to rezone for the expansion of the Bicentennial Park. The City requests that required East, South, and West bufferyards be waived and that a "F1" bufferyard be substituted for the required Bufferyard "C" along the North property line. The "F1" bufferyard exceeds the required Bufferyard "C" and includes an 6' wooden fence. KPG/gj c:\wpf\memo\case9\94-01.z m IN 1 VA. � �► .31EMS - ����■■■■■r� ��,/ © 111111� ©rya i.■. � .mlEl Wag*mill oil VOW -fir 1-L11�����4�i 1111��►���IIII��u � .� ton WA od AL�\11mill Ems Irm 1�11►������ic�r 1/►�I/1��� ■' ■���I����, �1��i■��Ii�i��■a����,:,��� �� ■■���.11�-��►� :i Ja LW F*ffl�b4W 4 4'1' IN ..,� TRACT MAP i WA# 11�■I,, dam' k a ` ' r'S, L� m O1 RUf Q p LI v S n\\C «, fn - i �• M c9. m CU N U tc• Y1 0 «, U w a ¢U (0 ,G 0 o ¢ m _1 U e� "• ID CD a M t J NJ cc - Q ~ zf, Lr) O W Z fC _ W cr z CD O 'a s o m U Z a y !� � O mf ' N •. O Y Yi � 4• " of Gtr a„ cid to f« cZ f mrc W Z W J� J W U O O a o a a f' m n O m ¢ o 3 n W *7%8 ' V Z _ U m a F N a N a N a U rf m Z Q O ¢ O ¢a O Q 0 1- u 2F- to to L s � � y a Z U U m a U Q Q m m ; cr. tq i F- CC r � n O � GMt V d SNVO kOVHS ecc eG[ ec f'7 U m a m a m m n¢ cc CD ~ ~ rn m " m m cc cr a, F U � U City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-01 REVIEW NO: TWO DATE OF REVIEW: 02/11/94 PROJECT NAME: Rezoning & Concept Plan for CS Zoning Request for 15.49 Acres situated in the Littleberry G. Hall Survey, Abstract No. 686, a portion of Tracts 2A, 2B, and 3D1 OWNER/APPLICANT: City of Southlake, Texas 667 North Carroll Avenue Southlake, Texas 76092 PHONE: (817) 481-5581 FAX: (817) 488-5097 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 02/07/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 743 . 1. Provide the following table showing required bufferyard planting calculations : REQUIRED BUFFERYARDS Canopy Accent Required Provided Trees Trees Shrubs North-580' 10' -C 10' -Fl 17 23 70 East-554' None None - - - East-611' 5' -A None 6 12 49 South-520' 10' -B None 10 16 52 West-1, 164' 10' -B None 23 35 116 * Although parking appears adequate as shown, the final parking requirement will be determined upon submittal of the site plan based on a summary of square footage by use. It is noted that no handicapped parking spaces have been provided and handicapped parking spaces must meet state and federal requirements prior to issuance of a building permit. * Denotes Informational Comment c:\vpf\rev\94-01.Z&C 07a rl 1 1S3no3H JNIN02�.S�OT.�NTO�NVIdd ldd30N0,�y0Ov crottf9 U181 y r rp 1- •y «••,�•�,«• N1� �� V 111�1d�1��d�7►.LL��tLi 9009L sssa11g1Eug]V or sar (U 17 v:H 17 O s" O.1A:C LOZ�U�S')ssM sn�0 ale OL t t --e.--] O S31Vl3OSSV ONV V VHLV3"3 due V> -A t •\ �•-� - 'OK18 13dVH0 311HM'N • •C ; ';';' • • Ii JtU N N a: .. ...... .I t ......... .. ... 20$ on • n •f� . :... .' : •... f••r I i� a r a 2 I p 0 3ArdO VO AOVHS a.. .LIB •.�,;�.�iJi'- '..t�. s --�•.�.. ITT,! — 2 lei O, 'o•Y,C M '� Ah.. , .i ter. USJ Z �3� i CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-110 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 15 .49 ACRE TRACT OF LAND OUT OF THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, BEING A PORTION OF TRACTS 2A, 2B, AND 3D1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "CS" COMMUNITY SERVICE 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 PROVIDIY AN EFFECTIVE DATE. WHE the City of City ctin u er adopted by the electorate pursuant to Article Section 5 of the Texas Constitution and Chapter 9 of the Te s Local Government Code; and, EREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning or inance and map regulating the location and use of buildings, o er structures and land for business, industrial, residential and her purposes, and to amend said ordinance and map for the purpose f promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 C:\0RD\Z0NING\480.110 y//J Page 1 /r7 spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light - and air; effect on the over- crowding of the land; effect on" the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 15 .49 acre tract of land out of the Littleberry G. Hall Survey, Abstract No. 686, being a portion of Tracts 2A, 2B, and 3D1, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. C:\ORD\ZONING\480.110 /fi-7 Page 2 From "AG" Agricultural to "CS" Community Service District . Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section S . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2, 000 . 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued C:\ORD\ZONING\480.110 �J Q Page 3 / —v violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. Section 10 . This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of 1994 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1994 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: n n CA0RD\Z0NING\480.110 Page 4 {��/// / EXHIBIT "A" Being 15.49 acres of land out of the Li_ttlebe..rry G. Hall Survey, Abstract 686 in Tarrant County, Texas and being more particularly described by metes and bounds as follows: Begi n nitng at a fence corner, being the northeast corner of a tract of land deeded to W. Ralph Evans as recorded in Volume 4543, Page 782 of deed records of Tarrant County, Texas. THENCE South 1 degree 7 minutes 0 seconds East, a distance of 165.14 feet to a point for a corner; THENCE South 1 degrees 57 minutes 27 seconds East, a distance of 161.19 feet to an iron pin for a corner; THENCE South 2 degrees 4 minutes 37 seconds East, a distance of 227.34 feet to an iron pin for a corner; THENCE South 1 degree 42 minutes 24 seconds East, a distance of 610.55 feet to a point for a corner; THENCE South 89 degrees 24 minutes 42 seconds West, a distance of 580.00' feet to a point for a corner; North 1 degree 43 minutes 47 seconds West, a distance of 1164.42 feet to a point for a corner; THENCE North 89 degrees 26 minutes 0 seconds East, a distance of 580.00 feet to a fence corner, being the point of beginning and Containing 15.49 acres of land more or less. C:\ORD\ZONING\480.110 Page 5 `// City of Southlake,Texas M E M O R A N D U M February 21, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-02 Rezoning of 6.0 Acres/Ordinance No. 480-111 REQUESTED ACTION: Rezoning request for 6.0 acres situated in the M. Mahaffey Survey, Abstract No. 916, Tract 4. LOCATION: South side of Bob Jones Road approximately 1/2 mile east of North White Chapel. OWNERS/APPLICANTS: Peter and Julie Landesberg CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-IA" Single Family-1A Residential LAND USE CATEGORY: Medium Density Residential BACKGROUND INFO: The applicants are requesting to rezone the property to develop one single family residence. NO. NOTICES SENT: Seven (7) RESPONSES: One in favor: * Harold Knight, V.P. Indian Creek Properties P & Z ACTION: February 3, 1994; Approved (5-0) COUNCIL ACTION: February 15, 1994; Approved (6-0) 1st reading of Ordinance No. 480-111. IXp /L KPG/gj I 1 1 1 II f/ I 1 H. HARRIS 1 PHILLIPS u ol \ A. RO N30" JAI a & --/----r f 4 w 3 > t J M - RlICNU I H. rwKr 3 3M ' REIS D. P 41 n r 7 t 1 3Y 1 O YO IION p HA Y F{ N { 3t r r -- I t - -- 3 ------� ------ (REI3 Q. 19RICE awl�v I JOSS m R W. MILLS l l 39 DAVID DOUTHIT gar ;f }11KY.-NIN 1 DENTON J. HENRY 1 ++ "ILLS TARRANT 3 ' -- W. MEDLIN DAVID DOUT"I ' 1 t \ /---- 7A I K U.P TRACT MAP 1 I 1-� I J IY >n I 1 ROOD j y4p 31W „ 331 n -- 1 = I i f� 7ti7{I -- - -- -- a -KKr K� .y -.- .y w O N Qt to OA- m m I Q CL N z S N< < V N I I. N N FT O m Z .. o rn m n m O d m U V to N N N N y beQ < > mQ Q 1Pp .. � '< cr. r. m �' J FN I co w N of V 0 m n to �IVt / U N < ' Q I ♦ ~ V Q .� O / ~ 1-10 m ` S S N N N N N N ~ N pmi A W/h'1 a� 0,pp� N cn v IA m n I c� kia 1S3N 3 i w m m vO L) A m< n m v� Q c y cc n m n Q' °0 n Co c m I m � I U m I Z a ]ti NVOI13d U to QN N Q Z m Qm F cu Q m F m N N O Z ti w w •-� ti O N ( z N U U to n c ^ ` N WQ 2 N N cc co u cc i'NJ p na n Qln 2 N Q N V N C ko W N Z Z to f7 w r _ mQ_ _ coQ 'D N 00 loovs I ¢ ID Q l0 m N_ m N i 1 I O N N ~ O o < <i to Q < m O I OI G1 FT m o fn 10 !n m I m N cc i m {D I ~ _ I cr % Q w 0 w < C CL� m N w ?u Q N Q O U N m Q ^Q w ?Q 3 J \ � N0 m N m I. 10 ro n OF SOUTHLAKE, TEXAS ORD O. 480-111 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, T COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 6 . 0 ACRE TRACT OF LAND OUT OF THE M. MAHAFFEY SURVEY, ABSTRACT NO. 916, TRACT 4, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO 11SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHERE e i Southlake, Texas is a rule City ac in der its Charter adopte y orate pursuant to Ar ' cle XI, Section 5 of the Texas Constitution and Char 9 ,of. the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 C:\ORD\ZONING\480.111 L��(J� Page 1 0 / areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 6 . 0 acre tract of land out of the M. Mahaffey Survey, Abstract No. 916, Tract 4, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. „s From "AG" Agricultural to 1'SF-1A" Single Family Residential District . C:\ORD\ZONING\480.111 Page 2 /(� JJJJJJ Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2, 000 . 00) for each offense. Each day that 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 *4W 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 C:\ORD\ZONING\480.111 Page 3 disposition by the courts . Section 9 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. Section 10 . This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of 1994 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1994 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C:\ORD\ZONING\480.111 Page 4 / EXHIBIT "A" Commence at the Northeast corner of said 58.078 acre tract in Bob Jones Road at the Northwest corner of a called 3.159 acre tract described in a deed of record in Volume 659, Page 484, Deed Records, Denton County, Texas, thence West 218.35 feet along Bob Jones Road to a nail set. inn. same for the Northeast corner and POINT OF BEGINNING of the herein described tract and from which said point a 5/8" iron found at the Southeast corner of Lot 1, Indian Creek Addition as shown on a plat Of record in Cabinet D, Slide 198, Plat Records, Denton County, Texas, bears N. 310 - 24, - 43" W. 36.84 feet; THENCE S. 00 - 33' - 03" E. 998.77 feet to a k" iron set for corner; •THENCE S. 890 - 22' - 02" W. 261.31 feet along the Northerly line of West Beach Addition as shown on a plat of record in Volume 395, Page 597, Deed Records, Denton County, Texas, to a k" iron set in same for the Southwest corner of the herein described tract; THENCE N. 00 - 33' - 03" W. 1001.66 feet to a naii set for the North- west corner of the herein described tract in Bob Jones Road in the North line of the called 58.078 acre tract, above referenced; THENCE East 261.32 feet along the North line of the last referenced tract in Bob Jones Road to the POINT OF BEGINNING and containing 6.00 acres. C:\ORD\ZONING\480.111 �(J Page 5 City of Southlake,Texas MEMORANDUM February 26, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-06 Rezoning of 9.998 Acres/ordinance No. 480-112 REQUESTED ACTION: Rezoning request for 9.998 acres situated in the J.G. Allen Survey, Abstract No. 18, Tracts 4G and 4G1. LOCATION: 2815 W. Southlake Blvd. OWNER: Ruby Slayton APPLICANT: Charles Slayton CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family-lA Residential LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: The applicant is requesting to rezone the property and subdivide the acreage to allow her son to construct a single family residence on one acre. NO. NOTICES SENT: Nine (9) RESPONSES: Two in favor: * Jerry Hall, 2620 W. Southlake Blvd. , Southlake, Tx. * Douglas Beavers, 2271 Union Church Rd. , Keller, Tx. One opposed: * E. John Keller, 2906 W. Southlake Blvd, Southlake, Tx. , concerned with rezoning the land, however, he verbally withdrew his opposition. P & Z ACTION: February 3, 1994; Approved (5-0) COUNCIL ACTION: February 15, 1994; Approved (6-0) , 1st reading of Ordinance No. 480-112 . 019-- KPG/gj I IF OP ■■ �..��?,w y ♦ 'NMI .. W.. ; M!�: ,� =�IIII/ ©tt©fit ■:.;�.' '11` a®mm �'�r ©i3; ■ ULM ram; C C: EAoil I� !�■�� © �/��111►���i WwzWINE Xi -CLAY I = TRACT MAP A - ■��r .r � III ■ ■ MIX < - m 03< m Plou U m O U 9 in ¢.� ` tr)O ¢ ^ r o ¢ r m m r Q < u fID ccQ ¢� ma o CC r rn m J a •' S N N A C� N O C ¢� r N < C < If) f < —..._. ¢ m r ¢ r < U ^ �m m � u ui z n, m < -< 7 m^ H N ¢N ) < m r M LLB za s ` CD OZ < N m I If) U O ` Y Q Q —- —� Z N V Z aQ m 1 U N < U N n. � s J ¢ J r I.- C < cc cc¢ �� Gp < QN rm F- n ¢ f,U y� 3 N fA N.4 U U N N 0 Q S 1 r U. Q U > 1 ^ u ucc u Q< y ¢N Qn Q �-N rcu W U v ut Y 2 1 0 ¢N m 3 Q /T r W < Q 4 < p p < �i Q 'to N Q^ Cc N cc Z m R ¢ r~ N A r W ¢ ¢r a m _ Q� Q� cc cr f*l v •N Q r r¢N r.. m U w< W Q CT Q ^ Q co J ¢m ¢ ¢ r R- r rn O J W vN. .y< Q QN oUT < = cc Q ¢m ¢^ F- r r r �C-3 u o < m u 3 m << << I Q �i 1-: Q.Q. CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-112 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 9 . 998 ACRE TRACT OF LAND OUT OF THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, TRACTS 4G AND 4G1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO 11SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE FFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHER he City of S e, Texas is a home rule City acting under its adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 C:\ORD\ZONING\480.112 Page 1 ?cq- I areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 9 . 998 acre tract of land out of the J.G. Allen Survey, Abstract No. 18, Tracts 4G and 4G1, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "SF-1A" Single Family Residential District . C:\ORD\ZONING\480.112 n� Page 2 `' Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, .Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the . adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance . Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2, 000 . 00) for each offense. Each day that 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 C:\ORD\ZONING\480.112 ]0_ Page 3 / �j disposition by the courts. Section 9 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. Section 10 . This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of 1994 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1994 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C:\ORD\ZONING\480.112 Page 4 1 / EXHIBIT "A" BRGIPNING at a found 3/4 inch iron rod being by deed East a distance of 950 varas, North a distance of 428.96 feet, and West a distance of 300.0 feet from the Southwest corner of the said J.G Allen Survey; THENCE N 890 58' W a distance of 302.91 feet to a found 5/8 inch iron rod; THE N 00 04' E a distance of 648.15 feet to a found 1/2 inch iron rod; THENCE N 00 01' W a distance of 279.18 feet to a found 5/8 inch iron rod; THENCE N 00 01- 30" W a distance of 493.56 feet to a found 3/8 inch iron rod and being in the South right-of-way line of F.M. Highway No. 1709; THENCE N 890 34' 30" E along the South right-of-way line of said F.M. Highway No. 1709 a distance of 302.47 feet to a found 1/2 inch iron rod; Tt1ENCE South a distance of 1441.31 feet to place of beginning, containing 9.998 acres or 435,494 square feet of land. C:\ORD\ZONING\480.112 Page 5 City of Southlake,Texas CITY MANAGE M E M O R A N D U M -a February 23, 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Truck Route/House Moving ordinance Attached is the proposed Truck Route/House Moving Ordinance. This Ordinance is ready for second reading by Council with no additions or deletions. This Ordinance governs large and heavy vehicular traffic through the City of Southlake. A synopsis outlining the important areas is as follows : Section 1 - Definitions Section 2 - Prohibits movement of the described vehicular traffic contrary to the regulations of this ordinance. Section 3 - Identifies the official truck routes within the City. They are Highway 114, F.M. 1709, F.M. 1938 and Carroll Road between F.M. 1709 and Highway 114 . Section 4 - Allows for exceptions to the truck route, to include local destination, emergency vehicles, public utility vehicles, motorbuses, etc . Section 5 - Adopts a permitting process for excess weight and size of vehicles on any street within the city. All heights and weights are transposed from state statutes on state highways. Also provides exceptions for implements of husbandry, public utility vehicles, etc. Section 6 - Provides for what is required in the permit with the permitting fee being set by the City Council . Section 7 - Addresses movement of buildings and structures, specifically from any street in the city. Section 8 - A statement of the transportation of hazardous material . Section 9 - Addresses damage to the street surface, curbs, gutters and spillage, and holding the driver of the vehicle and/or employee liable to the city for those damages . i Memorandum - Curtis E. Hawk Truck Route/House Moving Ordinance February 23 , 1994 Page 2 Section 12 - Provides for the penalty clause. I am available for any questions or comments that you might have. t,C/"-_ BC/mr Attachment wp\Memo\TruckRt2.Ord r 7d^ ORDINANCE N . TRUCK ROUTE/HOUSE MOVING ORD AN ORDINANCE PROVIDING FOR DESIGNATION OF TRUCK ROUT REGULATING THE TRANSPORTATION OF HAZARDOUS MATERIALS; ESTABLISHING WEIGHT LIMITS FOR VEHICLES; REGULATING THE MOVING OF HOUSES ON CITY STREETS; PROVIDING FOR PAYMENT FOR DAMAGES TO CITY STREETS; PROHIBITING SPILLAGE ON CIT STREETS; PROVIDING THAT THIS ORDINANCE SHALL B CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILI Y CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HERE F; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATI IN HE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTI 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, in order to protect the health and safety of the citizens of the City of Southlake, the City Council deems it necessary to adopt an ordinance regulating the operation of vehicles on city streets, including the size and route of certain trucks, the transporting of hazardous materials, and the moving of houses and other structures within the city limits, and WHEREAS, the City Council further deems it necessary to adopt regulations prohibiting spillage on city streets and providing for payment for damages to city streets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. DEFINITIONS In this ordinance, the following words shall have the meanings ascribed to them: f:\files\muni\slake\ordinanc\truck.003 (02-09-94) �c�-3 A. CITY shall mean the City of Southlake, Texas. B. COMMERCIAL TRUCK means any motor vehicle designed or used for the transportation of property, excluding a passenger bus, passenger automobile, motorcycle, panel delivery truck or pickup truck. C. HAZARDOUS MATERIAL means any quantity, group, form or class of material designated as hazardous material in any official publication of the Secretary of Transportation of the United States under the authority of 27 U.S.C.A. , Section 1803 (1976) , as amended, including any such publication issued after the effective date of this ordinance. D. MOTOR VEHICLE means every vehicle which is self- propelled. E. MOTORBUS means a vehicle which is used for transporting persons upon public streets for compensation or hire and that has a passenger carrying capacity of more than sixteen (16) persons except those operated by muscular power or exclusively on stationary rails or tracks. F. PERSON means and individual, firm, partnership, association, corporation, company or organization of any kind. G. SEMI-TRAILER means every vehicle of the trailer type so designated or used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by said motor vehicle. H. TRAILER means every vehicle without motor power designed or used for carrying. property or passengers wholly on its own structure for commercial use and designed to be drawn by a motor vehicle, excluding trailers used for recreational or agricultural purposes and/or trailers carrying commonly recognized recreational vehicles or agricultural products. I. TRUCK means a commercial truck, semi-trailer, trailer, truck-tractor, or any combination thereof. J. TRUCK-TRACTOR means every motor vehicle designed or used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. K. VEHICLE means every mechanical device, in, upon, or by which any person or property is or may be transported or drawn upon a public highway, including motor vehicles, 2 f:\files\muni\slake\ordinanc\truck.003 (02-09-94) commercial motor vehicles, trucks, truck-tractors, trailers, and semi-trailers, but excepting devices moved by human power or used exclusively upon stationary rails or tracks. SECTION 2. COMPLIANCE WITH ORDINANCE It shall be unlawful for any person to drive, operate or move, or to cause or permit to be driven, operated or moved, on any public street within the city any vehicle or combination of vehicles contrary to any of the regulations contained in this ordinance. SECTION 3. DESIGNATION OF TRUCK ROUTES The following streets and sections of streets are designated as truck routes within the City: A. U.S. Hwy 114 from the east city limits to the west city limits. B. F.M. 1709, also called Southlake Boulevard, from the east city limits to the west city limits. C. F.M. 1938, also called Davis Boulevard, from the south city limits to the intersection of F.M. 1709. D. Carroll Road from the intersection of F.M. 1709 to the intersection of U.S. Hwy 114 . SECTION 4. DESIGNATION OF TRUCK ROUTE Except as provided below, no person shall operate or cause to be operated any truck on any public street within the City except upon such streets as are designated as truck routes: f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 3 7d- A. EXCEPTIONS: 1. LOCAL DESTINATIONS - The operation of a truck with a local destination or point of origin on the shortest permissible street route between such destination or point of origin and the nearest truck route or state highway, whichever is closer. The truck shall be permitted to proceed from a point of origin to a destination point within the City which is not on a truck route or state highway without returning to the nearest truck route or stage highway if to return to the truck route or state highway would increase the distance to be traveled off of the truck route or state highway. The operator of any such truck shall carry evidence of the location of its last stop and of its immediate destination in order for this exception to apply. 2 . EMERGENCY VEHICLES - The operation of emergency vehicles upon any street within the city. 3. PUBLIC UTILITY VEHICLES - The operation of vehicles owned or operated by the City, a public utility or any person hired on behalf of the City or public utility while engaged in the repair, maintenance or construction of streets or utilities when such repair, maintenance or construction requires the use of a public roadway other than a designated truck route. 4 . DETOUR POINTS - The operation of a truck along any officially established detour route from a truck route. 5. PUBLIC SERVICE VEHICLES - The operation of vehicles by or on behalf of the City for solid waste collection or similar public services. 6. MOTORBUSES - The operation of a motorbus for the purpose of transporting people for hire upon a regular schedule over a defined route or for transportation of children to and from school functions or for the transportation of persons to and from church functions. B. The City shall keep and maintain an accurate map setting out the truck routes designated in this ordinance. The latest version of the official truck route map shall be kept on file in the office of the City Secretary. The truck route maps shall be available to the public. f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 4 Znel— / C. The Director of Public Works, or his designee, shall erect appropriate signs or markings to designate the truck routes designated herein. The failure of the Director of Public Works to erect any such sign or marking shall not be a defense to any violation of this ordinance provided the official truck route map has been filed with the City Secretary as provided above. SECTION 5. WEIGHT AND SIZE LIMITS OF VEHICLES A. Unless a permit is issued as provided in Section 6, no vehicle shall be operated or caused or permitted to be operated upon any public street within the city, including designated truck routes, having a weight in excess of any one or more of the following limitations: 1. In no event shall the total gross weight, with load, of any vehicle or combination of vehicles, exceed eighty thousand (80,000) pounds. 2 . No axle shall carry a load in excess of twenty thousand (20,000) pounds. An axle load shall be defined as the total load transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes forty (40) inches apart, extending across the full width of the vehicle. 3 . The total gross weight concentrated on the highway surface from any tandem axle group shall not exceed thirty-four thousand (34,000) pounds for each such tandem axle group. Tandem axle group is defined to be two (2) or more axles spaced forty (40) inches or more apart from center to center having at least one (1) common point of weight suspension. B. Unless a permit is issued as provided in Section 6, no vehicle shall be operated or caused or permitted to be operated upon any public street within the city, including designated truck routes, having a dimension in excess of any one or more of the following limitations: 1. No commercial truck shall exceed a total outside width, including any load thereon, of 102 inches, except that the width of a farm tractor shall not exceed nine feet (91 ) and the width of a vehicle used to carry cylindrically shaped bales of hay may not exceed one hundred and forty-four (144) inches. The measurement of the width includes any load on f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 5 ��` 7 the vehicle, but shall excluded any safety device determined by the Federal Department of Transportation or the Texas Department of Public Safety to be necessary for the safe and efficient operation of a motor vehicle of that type. 2 . No commercial truck unladen or with load shall exceed a height of thirteen feet six inches (131611) including load, except that a combination of vehicles designed for the sole purpose of transporting other motor vehicles and used exclusively for that purpose may be of any height that does not exceed fourteen feet (141 ) ; provided, however, it shall be unlawful to operate or attempt to operate any vehicle over or on any bridge or through any underpass or similar structure unless the height of such vehicle, including load, is less than the vertical clearance of such structure. It is the responsibility of the operator of a vehicle to ensure that the vehicle will pass without touching through all vertical clearances of structures in its path. 3 . No motor vehicle, other than a truck-tractor, including any load thereon, shall exceed a length of forty-five (45) feet. No truck-tractor, including any load thereon, shall exceed a length of sixty-five (65) feet. The length limitations of this paragraph do not include any safety device determined by the Federal Department of Transportation or the Texas Department of Public Safety to be necessary for the safe and efficient operation of a motor vehicle of that type. 4 . No vehicle or combination of vehicles, except pole trailers, shall carry any load extending more than three feet (31 ) beyond the front thereof, nor more than four feet (41 ) beyond the rear thereof. C. The provisions of this section shall not apply to any person operating or causing to be operated a motor vehicle under a valid permit issued by the Texas Department of Transportation under the provisions of Article 6701a of the Revised Civil Statutes of Texas, for the operation of overweight or oversized equipment or commodities that cannot be reasonably dismantled, provided the vehicle is operated on a route designated in accordance with said statute. D. The provisions in Paragraph B of this section shall not apply to any of the following: f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 6 1. Implements of husbandry; 2 . Machinery used solely for the purpose of drilling water wells; 3 . Highway or street-building or maintenance machinery owned or operated by or on behalf of the State of Texas or any of its political subdivisions, including a municipality; 4 . Emergency vehicles; 5. Public utility vehicles owned or operated by the City, a public utility or any person hired on behalf of the City or public utility while engaged in the repair, maintenance or construction of streets or utilities when such repair, maintenance or construction requires exceeding the maximum allowable limits; 6. Trucks used exclusively for transporting oil field equipment, as that term is def fined by Subsection (i) of Section 1 of Article 911b of the Revised Civil Statutes of Texas. SECTION 6. PERMITS FOR OVERWEIGHT AND OVERSIZED VEHICLES A. Upon written application made by any person who desires to operate or cause to be operated on the public streets within the city where the total gross weight or size of the vehicle and its load exceed the limits allowed by this ordinance, a permit may be issued by the Director of Public Works, or his designee, for the operation of such motor vehicle or fleet of motor vehicles for a specified period of time, over a route or routes to be designated by the Director of Public Works. B. The application for the permit provided for in this section shall be in writing and shall contain the following: 1. The name, business address, and telephone number of the person applying for said permit. 2 . The description of the vehicle to be used to transport the commodity, including the year, make, model, vehicle identification number, license registration, color of said vehicle and a certificate as to its weight and size. f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 7 3 . A description of the commodity to be transported and a certificate as to its weight and size. 4 . A list of the specific streets over which the equipment is to be operated, the date or dates of said operation, the time of said operation, and the number of trips to be made. 5. The date of the application and signature of the applicant. C. Before a permit is issued under this section, the applicant for same shall file with the city a bond in an amount as set by the Director of Public Works not to exceed ten thousand dollars ($10,000.00) for each vehicle for which a permit is sought. Said bond shall be payable to the city and conditioned that the applicant will pay the city the sum of money necessary to repair any damage which might be occasioned to any public street or publicly owned fixture appurtenant to such street by virtue of the operation of any such vehicle under said permit. D. The permit fee shall be set by the City Council by resolution. SECTION 7. MOVING OF BUILDINGS OR STRUCTURES UPON ROADWAY A. Unless a permit is issued as provided in Section 6, no person shall move or cause or permit to be moved any building or structure exceeding the size limitations as stated in Section 5 of this ordinance into, within or through the City, upon any public street, including designated truck routes. B. Except in the event of an emergency, the moving of a building or structure shall be conducted only during daylight hours during a time period approved by the Director of Public Works or his designee and which provides for the least possible . obstruction to the thoroughfares. C. No building or structure shall be permitted or allowed to remain overnight upon public right of way or upon private property without the written permission of the owner. f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 8 7'd-,o D. It is the responsibility of the operator of the vehicles to ensure that the vehicle and the structure will pass, without touching, through all horizontal and vertical clearances of all structures in its path. E. The operator of a vehicle used to move a structure upon a public roadway within the City shall provide a sufficient number of individuals authorized to direct and control traffic and to provide for proper control of traffic direction at all intersections preceding and following the path of travel and at all points in between at any time during such travel within the City. F. The operator of a vehicle used to move a structure upon a public roadway within the City shall notify the Southlake Department of Public Safety Communication Division immediately prior to commencing and immediately upon conclusion of such movement in order that alternate routes can be selected by emergency services divisions when necessary for any emergency vehicle responses. G. The Director of Public Works and the Director of Public Safety shall jointly and severally have the authority to limit or prohibit any movement of a vehicle moving a structure upon any public roadway within the corporate limits of the City when in their judgment such movement is considered unsafe. SECTION 8. TRANSPORTATION OF HAZARDOUS MATERIAL No person shall transport hazardous material or cause hazardous material to be transported upon any public street within the corporate limits of the city without first complying with all applicable regulatory agency mandates regarding the transportation of such hazardous materials. SECTION 9 . DAMAGES TO STREET SURFACE, CURBS AND GUTTERS; SPILLAGE A. It shall be unlawful to drive a truck over and across any curb or gutter in any public street within the city in such a manner as to cause damage to the curb or gutter. If any person intends to drive a truck over and across f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 9 7d-11 any curb or gutter in any public street within the city, such person shall block the curb or gutter with materials of sufficient strength to prevent any damage to the curb or gutter, by virtue of driving a truck over and across the curb or gutter. If any damage is done to the curb or gutter by virtue of driving over the curb or gutter, whether it has been properly blocked or not, it shall be conclusively presumed to have been caused by the negligence of the person backing or driving over the curb or gutter and the driver of any vehicle driving over such curb or gutter shall be liable to the city for the damages. In addition, if the damage occurs while the driver is within the course and scope of his employment, the driver's employer shall be jointly and severally liable with the driver for the damages. B. It shall be unlawful to turn or maneuver any vehicle upon any street in the city in such a manner as to cause damage to the surface of the street. If any street is damaged by the turning or maneuvering of any vehicle upon the street, the driver of the vehicle shall be liable to the city for damage. In addition, if the damage occurs while the driver is within the course and scope of his employment, the driver's employer shall be jointly and severally liable with the driver for the damages. C. It shall be unlawful for any person to operate or cause to be operated any vehicle on a public street of the city in such a manner as to permit any portion of its cargo, either liquid or solid, to fall out of, spill from, or blow out of such vehicle. SECTION 10. 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. Ordinance Nos. 100, 172 and 172A are hereby repealed in their entirety. f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 10 ,2� /z P SECTION 11. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 12. 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 Five Hundred Dollars ($500. 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 13. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any other ordinances affecting truck routes or the operation of vehicles on f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 11 7d- /3 public streets which have accrued at the ,time of the effective date „r 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 14. 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 days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 15. 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. f:,file8\muni\61ake\ordinanc,truck.003 (02-09-94, 12 7d 1'�e PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date• ADOPTED: EFFECTIVE• f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 13 r City of Southlake,Texas MEMORANDUM February 21, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-11 Concept Plan, Hillcrest Estates REQUESTED ACTION: Concept Plan approval of Hillcrest Estates, being 75.88 acres situated in the John A. Freeman Survey, Abstract No. 529 (of which 38.647 acres is filed of record as Lots 1 - 17, Block B, Greenway Industrial Park) . The applicant proposes 123 single- family residential lots. LOCATION: East side of South Carroll Avenue, approximately 1,000 feet South of the intersection of South Carroll Avenue and East Southlake Blvd. (F.M. 1709) OWNER: W. E. Dalton APPLICANT: Papagolos Development Company CURRENT ZONING: "SF-20B" Single Family-20B Residential LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Eighteen (18) RESPONSES: None P & Z ACTION: February 17, 1994; Approved (5-1) subject to Plan Review Summary dated February 11, 1994 with the reconcilation of alternative thoroughfare alignments. STAFF COMMENTS: The applicant has met all the review comments of the first Plan Review Summary dated February 11, 1994 with the exception of those items addressed in the attached second Plan Review y� Summary dated February 25, 1994. KPG/gj C:\NPF\MEM0\CASES\94-11.CP DT' I 7 1 ♦ i������r� ;'..! li�'� ,�� �'��'l�■it ©i. 1111111�������,♦, , I , lam•.. ® �1111.11'�i111�;v,���♦;����1�jI� Q iris r •' ���In �� ;�� 'rG/11111111rG4::ia.7/.�c����' f► 600 ■ =1� iiii INS W37 ��.,i■■� � �;�.,� eases©e© � I Li IM. %A --m Mn ■.� _ ill �>.,--.,. l•rf�y M a W G l'.'s�. ■ V` 1-:--• ulHG.' ■ G�1 l '�r_�Gam■ IV, y�� �� r ri TRACT MAP \r {� • ry N m t e a o O _ 0 ¢ N O L - O O-CL 4 11•, m q N a * e N f'1 0 �, a y m d z �' a o � U H m ,—; 8 HO OOOMIS3M s ¢ T W cc L .• 7 Q q Q �! «, Cat C N f O O h. ,• C 4 d J6 LM ;n 2 C 1O O n w tE0 m m 0 J O 0 W m N Q W V J Q Ri 'h• m H • �N : 9; cc :o cc 3 O U tn a ` < C oc r ^^ a �q Q 7., oc ut O C U A •— tv � " Cl) N C W Z C7 _ � Z _ e O O y ~ N ]8b09 ' w p 1 W 'n £ .a �e A E 6 c A r = l Q a y m `/ C N Z r V N ILn Q R Y 0Opcc m �J Q Q1D z w (� w cc � •u —iaft O F Olt Ds- we _ �.� = w• a 00 a City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-11 REVIEW NO: TWO DATE OF REVIEW: 02/25/94 PROJECT NAME: Concept Plan for Hillcrest Estates, 75 . 888 Acres situated in the John A. Freeman Survey, Abstract No. 529 (of which 38 . 647 acres being filed as Greenway Industrial Park) APPLICANT: ENGINEER/PLANNER/ARCHITECT: Papagolos Development Company Dowdey, Anderson & Associates, Inc. 16250 Dallas Parkway 16250 Dallas Parkway Dallas, Texas 75211 Dallas, Texas 75211 PHONE: (214) 931-9537 ' PHONE: (214) 931-0694 FAX: FAX: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 02/22/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 743 . 1. Label the lake area as private or public. * Although not required by ordinance, staff would appreciate placing "Case No. 94-11" in the lower right corner for ease of reference. * Please find attached three alternative conceptual alignments for connection of South Carroll southeasterly to Carlisle in accordance with the Thoroughfare Plan. Staff feels that any of the alignments would work without requiring a R.O.W. dedication from the southwest corner of this development in order to accommodate the desired alignment . * Denotes Informational Comment enc Thoroughfare Plan Alternative Alignments exhibit cc W. E. Dalton 8�4 W• e t 3AIa0/�S O�NO2 OOOMIS3M Q Z 1 t�.�_t: �r�t 2 j �y a.•a•sa .Yaa,« i• N 0. =x lil�S� NOIfIAIOawf f1N017N ON•laoo_ i 8• W v y t i !- 3 aai � t•Y•I Cog 1!•Yl• _ 1 Q > X * + •»Yw•wf a-w are tii� �7.1i• 7 8 W Wwif IN ;f!•!i fib#!# i1 3 j � ,/ soy - all 16 1 fill Jfl ZO • Y - — —j— L , -»: W • -- a 1 . •J r " j 1 ' � 1 r'•�` �• •'OJT •'• �/ ��• --- _ _ .� •1.>7�Y1S 'a. �•. .. l ♦ Y ©4 f 1 w1YOY anN Av oa6 �. Hlnb � 9v oalloz f /a/AMgi�N .fj./e arb A*Vmw—M7 7 —Q �i �. ���►' S also Is r ■ ■��MW ■ , ••° U u � ■ r r ■ u . ■ 711 � • `I � r 1 Y 1 ��11 1 � CI• . rr - - ■ Jt Ll CEO-on _ r THOROUGHFARE PLAN oll � �t>•1 �_i Jj ■ Of r r � i r •: 2A ]D2 I I A]A 30 (/. 1700) 2A2 6C EA37 30 7HLAKE 4C Q 7A 2C 2 2g 3M coo goo guB 3m 3D2 4DI 4 Y � 3 1 0.R�L 0 ' 4EGMT I SURWY A S V • Nb •. co I 4C '•w • A-tQ? 6At RAWMW CT. BA1 I 2A 29 2Cl I mz DA 1 88 6A 1 693 60 1 ' 6A1 I 1A 2C aC J B OF, 6D ( 682 6C GD I gn 6C l 1 I ' r 8E I I 1A1 W EAST COWnPRMAL BLVD 1 �j to 1 19 81 1A -- Y - 2F1 -- IA 1BIA - /r m B 1 ift >s+n Wok Iola i q 1 mw wom Im ow w4w m < 04 MIC Inu 1 1 D 1 161T(Ae �y I ��'/ � l/ � � YI.R M.• �I�n ALTERNATIVE THOROUGHFARE ALIGNMENTS City of Southlake,Texas M E M O R A N D U M February 21, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-12 Preliminary Plat, Hillcrest Estates REQUESTED ACTION: Preliminary Plat of Hillcrest Estates, being 75.88 acres situated in the John A. Freeman Survey, Abstract No. 529 (of which 38.647 acres is filed of record as Lots 1 - 17, Block B, Greenway Industrial Park) . The applicant proposes 123 single- family residential lots. LOCATION: East side of South Carroll Avenue, approximately 1,000 feet South of the intersection of South Carroll Avenue and East Southlake Blvd. (F.M. 1709) OWNER: W. E. Dalton APPLICANT: Papagolos Development Company CURRENT ZONING: "SF-20B" Single Family-20B Residential LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Eighteen (18) RESPONSES: None P & Z ACTION: February 17, 1994; Approved (5-1) subject to Revised Plat Review Summary dated February 15, 1994 noting alignment of South Carroll is still an issue. STAFF COMMENTS: The applicant has met all the review comments of the first revised Plat Review Summary dated February 15, 1994 with the exception of those items addressed in the attached second Plat Review Summary dated February 25, 1994. KPG/gj .,� Re 10 6 "INN k 0LO Id Min MD EAD3 THOMASt- EUR M. AI mr r�r - r .r I.y �:%y■ 1 1T��'� � n� W ��i n {.::jam�� (�,'� ..,■.sic - Jh a ■:,.:c._, . 1 ■c nor- G:J lJ■-7 lJi , L7 ■J■. � f r N C O C 0 Q N ee e pp Z O J !- fA ti 9 H0,0OOMI53M c T -T 0 t. KAloe Y •y fL cli co cc < H m m V c-1 G cc z :, :o .- 3 1 is Q d V < n < m .a Q c n c w � w N C lip w W Z `//� N 7 Y O Z y S ~ N 9b09 } w p _ r w Q Q n Q W 3 .a �! A c 6 6 n t � o Q o 0 c � vo�1 In i J u N'• ¢ H o _ m Mtn z \.l w CD-D w cr H a a 90 a —_� City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 94-12 REVIEW NO: TWO DATE OF REVIEW: 02/25/94 PROJECT NAME: Preliminary Plat - Hillcrest Estates OWNER/APPLICANT: ENGINEER/SURVEYOR: Papa olos Development Company Dowdey, Anderson & Assoc. , Inc. 16250 Dallas Parkway 16250 Dallas Parkway Suite 100 Dallas TX 75211 Dallas, TX 75211 PHONE: (214) 931-9537 PHONE: (214) 931-0694 FAX: (214) 931-9538 FAX: (214) 931-9538 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/22/94 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 TOM ELGIN AT (817) 481-5581, EXT. 753 . 1. The following changes should be made with regard to platted property within 2001 : A. The Miron & Gorbutt additions as shown are incorrect . A subsequent plat of the Miron addition incorporated a portion of All Lot 2, Gorbutt addition. Delete Lot 2, and show and label Lot 3, Block 1, Miron addition, and existing easements, subdivision name, and plat record volume & page (Cabinet A, Slide 1252 . ) B. Label "Block 1" and show and label existing easements in the Woodland Heights Addition. 2 . Please make the following changes with regard to the legal description: A. The legal description states the point of intersection for the northeast corner of Hillcrest Estates is also the southeast corner of Miron subdivision. Our records indicate that these corners are not the same. Please verify. (A prior plat revision of the Miron Subdivision indicates a 20' easement Diamond Shamrock pipeline on this property. ) B. The legal description states the point of intersection for the southeast corner of Hillcrest Estates is also the northeast corner of the Ragan tract . Our records indicate that these corners are not the same. Please verify. 3 . Provide a 15' U.E. along the south property line for transmission water line. 4 . Provide scaled dimensions for rear lot lines . 5 . Provide a quantitative land use schedule (Section 3 . 02-C-30 of the Subdivision Ordinance No. 483 . ) 8 9-Y City of Southlake,Texas 6 . The following lot does not appear to meet the minimum 100, lot width at the front building line: Lot 6, Block 3 7. At the time of final plat, street names will have to be provided that are not similar to existing. The cul-de-sac portion of Street "B" east of Street "D" should be "B" Court . 8 . Prior to filing the final plat, the applicant must vacate the existing Greenway Industrial Park plat. At the time of vacation, the property dedicated as R.O.W. in the Greenway Industrial Plat will revert to the owners at the time of its filing. If this ownership is not the same, the applicant will have to acquire the property and dedicate R.O.W. according to the thoroughfare plan. The thoroughfare plan indicates a 70' R.O.W. for the section of S. Carroll Avenue to which the property fronts: therefore, the R.O.W. dedication would be 35' from the apparent centerline of Carroll Avenue. * Please find attached three alternative conceptual alignments for connection of South Carroll southeasterly to Carlisle in accordance with the Thoroughfare Plan. Staff feels that any of the alignments would work without requiring a R.O.W. dedication from the southwest corner of this development in order to accomodate the desired alignment. * A 35, building line is required for both streets on a corner lot. The applicant has requested the normal 5' reduction (30' B.L. ) for the following lots : Lots 6, 79; Block 1 Lots 1, 8, 22; Block 3 * Although not required by ordinance, staff would appreciate placing "Case No. ZA 94-12" in the lower right corner for ease of reference. * The City engineering staff is evaluating the need for a water tower site in the southeast corner of the development . enc: Thoroughfare Plan Alternative Alignments Exhibit * Denotes Informational Comment CC : Papagolos Development Company W.E. Dalton Dowdey, Anderson & Assoc. , Inc. �g^5 l fill!l �l 3AIVO OOOMIS3M t" W NOISIAIMS SI 0�13N ONVl0001_ li�• �?�l�i i�7�'� a•.'3••cs.soA•U.Ni� --`� — F]pw j'�: = ' Nf0Yl1.Nt „•sro - g• W Q > F y� T pal Z* OD : j ••• ! s ! o , J ,r a t o : is .,k _ .. o Tr D. if it .01is i ST} i it-S I a314 ;• \E f' EErOtsok W.1r. I • _ , - ` ww•." . s• ..i rot 1 Ml YON IN 3AV q8va---wlno 3011Y• 17 9b' 031V02 City of Southlake,Texas M E M O R A N D U M February 21, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-16 Rezoning for 8.345 acres/ordinance No. 480-113 REQUESTED ACTION: Rezoning request for 8.345 acres situated in the Samuel Freeman Survey, Abstract No. 525, and being a portion of Tract 1 of the W.E. Mayfield Subdivision as shown on a plat of record in Volume 388-C, Page 4, P.R.T.C.T. LOCATION: Southeast corner of the intersection of Short Avenue with State Highway No. 114 OWNER: Don L. Siratt CURRENT ZONING: 11C-3" General Commercial District and "AG" Agricultural REQUESTED ZONING: 11C-3" General Commercial District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Eight (8) RESPONSES: One written response: * J.B. Stahala, San Antonio, Tx. , "I'm in favor of any development activity along Hwy. 114. " STAFF COMMENTS: On July 21, 1981, this property was zoned "H, " Heavy Commercial. The zoning map reflects only a portion of the 8.345 acres being zoned commercial (whether by subsequent Council action or by clerical error when recording the zoning action on the map) . The property is within the 65 Ldn noise contour imposed on the City by DFW Airport. P &nZ ACTION: February 17, 1994; Approved (6-0) M- KPG/gj ■! WIN . . Idid -Will IL oil awe WIN Mir MUM I r r atn m r r ^ I r� U ¢ r ¢ xmm ¢ 1f7 r 4 If. r � m N Q ¢ fD r m Q m < [q (n < H r to •w h . m cri r r m Wlw - ¢¢ < 2ryhm Q U CC m 0'H m < ~ w «« ^ N J J 0 ¢ fV O O Q 1 N @i Q Y 0 Z mi Ny w O �7� d <o r^ . cc °c / m <cccu m m� / UId < m m ¢ / Q N @/ N cc C.) W }1 f' O ~ Z O 6 N 19 En cc W oil in JN-1 r V "lw�to m/ co z 1� 3 N w a o 3 F NO O U I W 4 c U I U m Q cc Q< r / ��/ r N m O Q ¢ CD CC �7 N N W —� Id r / V z c a m / >cq cc cd 0 rcc w ¢ H vi e (J� u a 13NN093f119 N L)cocoE cn m< m U cm am a i U a: ¢tea ¢ e I m< 1 r u r $a N N b mmD ! � mn �� N I ¢ a x b0 ¢�I ¢Q c� 'd M � a e r ¢ 0 r co !d n l7 . .p N U co s J m ^ < om a s y = U U 07 ! ¢ v Cc a) U O E_ _ ¢, N a) a: vmi J S 0 r N ¢ . J u r mYs tor¢ a: ¢N cc ZZ ok 0 ^ co — V I Y— N J a m cc 8CD r .¢..o r O CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 4 8 0-€ AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A $`:x ACRE TRACT OF LAND OUT OF THE :::::::::::.::::.::::::w::v.:::•::••::::.�:::x........4':+:•}}}}i}};•}:'•:i}:•:p}}}:•}}}}}v.}v:p':w::::w:n}}•w:::.y}}}r::::::;;j::i:}•::.:.:.:::.::::i.`i:•i:n;,•:::::n;iiii:::::::.y::::::::••:::::::::i:^: .Y. :•vitii;:•' ••r:+{'; 'iiF{:ii:..'Y':wq, -..1M1 ..yRy MO��••••,FL�L�Y••�;1�fiD••CbMPL$'I'�L`Y••�$�•CRIB�D ••�N••••$•�HI$�T'».,."� "•• FROM :•isvw:G}..}4:::.:.i':•'.:;r^}}';^:iti•.,'F!?;;}:rJ:•}.•.•...x.:.:}.:?:.v:••:•:: •:x.6:^4:v,;•.:r:;::{}{.{:r.?,v;•}:•}':;{•i:::::v:}'•}iir v'i:;;•i::ii:>.>4}};•C•:••ni•::q::•:i?:•:\•}}}:::::i.}i;^:•;'rrr}:•}:;:{:;:. SPEC •C:.:::: 2 { `C71E1�IN'Y` ::;;:; O1tT `1TES}:>:<;.;'Irl:"; THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned under the C•ity' s Coinprel •erisive Zoning Ordinance;"•"aricl 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 �.r 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 J/parking facilities; location of C:\WPF\ORD\480.113 /' Page 1 l• ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: ................... ................. Being approximately a ` acre tract of land out of the pa more' fullyandcompletely aescrlied riExhibt "A, " attached hereto and incorporated herein. C:\WPF\ORD\480.113 �� Page 2 ::::::.i;. •;.:u: ::fir:;:::«::>:::��:::;::::.:;;:.:' .:: :.:.: �::>::::::::::>::::::: .:. . ...:.:.:..:> ::::»�:: ::::::.: :'::...;'.::::.:'.:>:::::::;:: •• ::::;::.;:.:;:-::: . . ::.: From •::.::. # .;:;>.,:.;;:.;:;�3 .::.; ... {.i}i=•x::Y:.'i:.':>':::ii::i::1i:::y::}'::}:?iiiiii: 4iiii::(•i:i::•iii.•:::::iiii:-:::••::: ii::'{i::i::i::iiii:::i':iii::iiii::iii:::in}::::x:m::i:+':xi:!:::iii:::i::::i::ii:::"i:::::i::::ii::i::n:i::::ii Section 2 . That the City ;Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance . Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2 , 000 . 00) for each offense. Each day that 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 C:\WPF\ORD\480.113 '/l/) I Page 3 /(/� 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 ccurts . Section 9 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days. after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. Section 10 . This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of 1994 . MAYOR ATTEST: CITY SECRET ARY PASSED AND APPROVED on the 2nd reading the day of 1994 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: / C:\WPF\ORD\480.113 Q 17 Page 4 �J r EXHIBIT "A" BEGINNING at an iron pin in the West line of said Tract 1 and the East line of Bluebonnet Drive, said point being N 00 08' 30" E 436.0 feet from the Southwest corner .of said Tract 1; THENCE N 00 08' 30" E along the West line of said Tract 1, 458.0 feet to an iron pin in the Easterly R.O.W. line of Farm to Market Highway No. 1709, said point being in a curve having a radius of 1004.88 feet and whose Long Chord bears N 70 07' E 178.35 feet; THENCE with the arc of said curve and said R.O.W. line 178.6 feet to an iron pin in same for corner; THENCE N 430 39' E 119.2 feet continuing along said R.O.W. line to an iron pin in the south R.O.W. line of State Highway No. 114, said point being in a curve having a radius of 5619.58 feet and whose Long Chord bears S 820 14' E 377.6 feet; THENCE with the arc of said curve 377.6 feet to an iron pin in same for corner; THENCE S 00 11' W 818.9 feet to an iron pin for corner; THENCE N 720 41' W 499.6 feet to the POINT OF BEGINNING and containing 8.345 acres. 817 f :\WPF\0RD\480.113 Page 5 City of Southlake,Texas CITY ANAG M E M- O R A N D U M February 24, 1994 TO Curtis E. Hawk, City Manager FROM Sandra L. LeGrand, City Secretary SUBJECT Appointment to Planning and Zoning Commission Resolution No. 94-07, allows for the appointment of a member to the Planning and Zoning Commission to fill the unexpired term of Kate Barlow, who resigned to join City Staff as Economic Development Coordinator. Interviews were held on February 28, 1994 . The applications were presented during that meeting. If I can answer questions, please let me know. hjl� /sl k cc\eppt\P&Z\fn=0\s1 i I 1 L 9Q-� y City of Southlake,Texas RESOLUTION NO. 94-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHAKE, TEXAS, APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Home Rule Charter of the City of Southlake, Texas, was approved by the voters in a duly called Charter Election held on April 4, 1987; and, WHEREAS, in the Home Rule Charter, Chapter XI concerns Planning and Zoning; and Section 11.03, allows for appointments for two (2) year terms on the commission, however, one (1) unexpired term exists, which will expire in May, 1995; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. All the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this Resolution as if copied in their entirety. SECTION 2. The City Council hereby appoints the following person to the Planning and Zoning Commission, to fill the unexpired term of Kate Barlow, which will expire in May, 1995. 1. SECTION 3. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 1ST DAY OF MARCH, 1994. CITY OF SOUTHLAKE, TEXAS Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary ccXmz%94-07\p&z*pt%s1 �4.-z City of Southlake,Texas M E M O R A N D U M CITY MANAGFR February 24, 1994 TO Curtis E. Hawk, City Manager FROM Sandra L. LeGrand, City Secretary SUBJECT Appointment to Park and Recretation Board On February 1, 1994, the City Council approved Resolution No. 94- 05, appointing two members to the Park and Recreation Board, leaving an unexpired term to be filled. Resolution No. 94-11, attached, allows for the appointment to fill that term, which will expire in May, 1995. Interviews which were held on February 28, 1994 included applicants for Park and Recreation Board. If you have questions, please give me a call. /sl -Vncmo\appt\p&rks\s1 k - �J ' City of Southlake,Texas RESOLUTION NO. 34-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER TO THE SOUTHLAKE PARKS AND RECREATION BOARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, a Parks and Recreation Board was created for the purpose of Planning and Developing Parks and Park sites within the City of Southlake, for the use and benefit of its citizens; and, WHEREAS, the Parks and Recreation Board shall consist of nine (9) members, to serve three (3) year terms; and, WHEREAS, currently there is a unexpired term, left vacant by the resignation of Mike Thompson. The term is to expire in May, 1995, 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 following person is hereby appointed to the Park and Recreation Board, for a term to expire in May, 1995. SECTION 3. The appointment is hereby effective on the day of approval by the City Council of the City of Southlake, Texas. PASSED AND APPROVED THIS THE 1ST DAY OF MARCH, 1994. Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary cc\res94-11\padcs\appt\s1 r City of Southlake,Texas M E M O R A N D U 1 February 24 , 1994 TO: Curtis E. Hawk, City Manager FROM: Shana Rice, Assistant City Manager SUBJECT: Peer Mediation Program During the last few months, I have met regularly with school personnel, Judge Brad Bradley, school board representatives, the Mayor and other community leaders to discuss the possibility of implementing a peer mediation program in Carroll ISD. This group has served as a "design team" , researching options for implementation in Southlake. As you know, a peer mediation program gives students an opportunity to resolve their own conflicts . Students are given the responsibility of creating workable solutions to their problems in mediation sessions which are structured to preserve or establish respect for individual feelings and needs . The team feels that this program, named Students Promoting Alternative Resolution to Conflict (SPARC) , would provide another excellent way for the City and CISD to work together. In addition to improving the school climate by providing a forum for students to resolve their conflicts, supporters believe that a peer mediation program assists in preparing students to become good citizens . With its emphasis upon listening to other points of view and the peaceful resolution of differences, students learn to live in a multicultural world. The attachment provides detailed information on the concept of peer mediation, proposed implementation strategies, and implementation costs . The team is recommending that the City and CISD share the cost of this program, and it is estimated that the cost would not exceed $10, 000 . The City' s portion of $5, 000 could come from the Teen Court line item in the Municipal Court budget, supplemented with funds allocated for professional services . The CISD Board of Trustees will consider this item at its February 28 , 1994 regular meeting. Representatives from the Board, CISD staff, and Judge Bradley will be present at the March 1 Council meeting to discuss this opportunity to work together in improving the quality of life in our community. I will be happy to answer any questions you have about this program. Please place this item on the Council agenda for consideration. �Da-� a SUMMARY OF PROGRAM Students Promoting Alternative Resolution to Conflict (SPARC) Purpose SPARC will be a cooperative effort of the City of Southlake and Carroll Independent School District to promote peaceful resolution to conflicts through the use of peer mediation. Traditional efforts to handle student conflicts typically include mediation by teachers, counselors, principals and parents, and sometimes involve discipline. SPARC would provide one more method for dealing with student problems. The emphasis of SPARC would be to teach students how to deal with their conflicts in a peaceful, meaningful way through mediation sessions conducted by a trained student mediator. Program strategies are planned to focus on the development of effective interpersonal and communication skills. Organization Initial implementation of the program will involve the use of an experienced consultant who will provide basic training to six individuals, who may be school administrators, teachers, volunteers and community leaders. The City Council will appoint one community leader per school to be involved. Two of the six individuals -- most likely school faculty -- will then continue with Akw more extensive training and will be prepared to give the faculty orientations and the student training in the future. The school will interview, and select a group of students to participate in student mediator training. The consultant will continue to provide support and resource material throughout the process. Once implemented, school administrators and city staff will continue to work together to monitor the success of the program, and determine ways to expand opportunities for youth to develop leadership skills via a Youth Council. Peer Leadership Participation SPARC offers a variety of activities which are designed to encourage student-generated response to problem-solving situations. Much like Project D.A.R.E., the use of student leaders in problem solving provides a way to develop peer role models. SPARC would be another component to building an active and meaningful student leadership program in Southlake. '�Da-z "When we listen, people talk.' S P A R C Students Promoting Alternative Resolution to Conflict A Project of The Southlake/Carroll Youth Council r � CONFLICT AND VIOLENCE IN OUR SCHOOLS, NOT ONLY AN URBAN PROBLEM According to the New York Times, In a new study, the National Crime Analysis Project at Northeastern University, found that while the number of arrests for murder in adults has declined since 1985, the number of boys 12 and under, arrested for murder has soared 100 per cent from 1985 to 1991. The number of 15 year olds rose 217 per cent, the number of 16 year olds rose 158 per cent and the number of 17 year olds arrested for murder climbed 121 per cent. Experts have pointed to a number of reasons for the sharp Increase, including drugs, the poor economy, the easy availability of guns, violence in the media, and the breakdown of the family. Whatever the reason, we must do something about it now! From elementary through high school, our youngsters need to be educated about conflict. Negative attitudes can permeate the school climate and detract from the educational environment. Bullying should never be accepted as normal, growing-up behavior. Researchers have often found that youngsters who bully In school, see abuse at home or are victims themselves. As bullies grow up, they threaten teachers and society in general. Date abuse and gang (fraternities or posses) activities are often used to gain power and control to manipulate peers. These youngsters believe that you must exploit or be exploited. In order fop-our schools to be successful, students must learn very early In their education that while they must take responsibility for their own actions, the school will make every effort to support and protect them from crime and violence, and that they safely can be involved in the life of their school. A BRIEF LOOK AT SOME SOLUTIONS: A thoughtfully worded questionnaire presented to students, teachers, administrators and parents could provide an awareness and scope of the problem. School staff should receive training in positive conflict resolution techniques and reinforce affirmative alternatives with students. In kindergarten, students should begin to learn about respecting the rights of their classmates and how their actions can injure others. Administrators should provide students (grades 4-12) with a PEER MEDIATION PROGRAM so that life skills such as win-win.negotiations will replace the use of power and force, and encourage verbal alternatives and cooperative behavior, while students work conflicts out peacefully. . School districts should encourage parent participation through the use of instructive workshops. Educate parents about the dangers of ignoring bullying or violent activity in their children. Stress the use of praise, humor and encouragement. Model how put-downs, sarcasm and criticism, undermine consistent discipline and family values. SUBSTANCE ABUSE, PEER PRESSURE, YOUTH AT RISK AND MEDIATION For the past 10 years, school districts have tried to address the problems of youngsters from a societal as well as an academic view, in order to keep them in school and away from drugs. We learned that poverty, family trauma, physical, emotional, alcohol and drug abuse at home and in the community, created huge barriers for students to overcome. But, we also learned that a youngster's self image, task performance, decision-making capabilities, critical thinking and. communication skills were a forecast of their abilities to withstand family and peer pressure when it came to substance abuse. Conflict resolution training for students and school staff provides students with the role models, support and appropriate intervention and prevention strategies they need to begin to address the problems in their lives. This training focuses on such skills as: personal self awareness, personal conflict management, listening, co.mmuncation, generating alternatives, defining consequences, problem-solving and negotiating win- win agreements. Parents are encouraged to allow their children to use their skills at home as well as in school. err Students and faculty who have been trained in conflict resolution techniques find they are stronger, more confident and motivated to address conflict that might have disrupted their lives in the past. Students gain a new feeling of self-worth in being able to help their peers reach cooperative agreements. Attitudes as well as the school climate becomes less defensive and more pleasant. Instead of metal detectors, school districts can invest in positive conflict resolution programs that provide students with life skills, to deal with the problems they will face while they are in the school district as well as when they become the adults in the community. TEN REASONS FOR . INSTITUTING A SCHOOL- BASED MEDIATION PROGRAM A review of program descriptions reveals that the following reasons most bommonly motivate those who wish to promote mediation in the schools. 1. Conflict Is a natural human state often accompanying changes in our-nstitutions or personal growth. It is better approached with skills than avoidance. 2. More appropriate and effective systems are needed to deal with conflict In the school setting than expulsion, suspension, court intervention and detention. 3. The use of mediation to resolve school-based disputes can result in improved communication between and among students, teachers, administrators and parents and can, In general, Improve the school climate as well as provide a forum for addressing common concerns. 4. The use of mediation as a conflict resolution method can result in a reduction of violence, vandalism, chronic school absence and suspension. 5. Mediation training helps both young people and teachers to deepen their understanding about themselves and others and provides them with lifetime dispute resolution skills. 6. Mediation training increases students' interest in conflict resolution, justice, and the American legal system while encouraging a higher level of citizenship activity. 7. Shifting the responsibility for solving appropriate school conflicts from adults to young adults and children frees both Leachers and administrators to concentrate more on teaching than on discipline. 8. Recognizing that young people are.competent to participate in the resolution of their own disputes encourages student growth and gives students skills--such as listening, critical thinking and problem- solving--that are basic to all learning. 9. Mediation trainir)g, with its emphasis upon listening to others points of view and the peaceful resolution of differences, assists in preparing students to live In a multicultural world. 10, Mediation provides a system of problem solving that is uniquely suited to the personal nature of young people's problems and is frequently used by students for problems they would not take to parents, teachers or principals. Reprinted from: Davis, Albie and Kit Porter, "Tales of Schoolyard Mediation," UPDATE on Law Related Education, Winter 1985, Volume 9, Page 27. Aa _� .' i Introduction When students bring their conflicts to teachers, teachers most typically • respond by advising them to"ignore it"or`walk away."When stu- dents bring their conflicts to their friends, the response is often"get 'ern back."If conflicts reach the principal's attention,detention or suspension is often the result.None of these common responses resolves the conflicts. In fact,some of these strategies can actually increase conflicts. To coexist peacefully,students need skills to express their needs and wants adequately and to create boundaries for themselves in a _. .._ responsible manner This Pro gram Guide and the Student Manual that .�+ accompanies it describe our attempt to help middle and high school students acquire these skills and deal with school-based conflict through peer mediation.Our program,Common Ground,was first implemented at the secondary level in Urbana,Illinois. In 3 years of operation at Urbana Middle School,over 500 disputes were resolved at a 95 percent success rate.The model has also been adopted in several other school districts across the Midwest and has been used successfully to resolve a variety of conflicts. Many of these conflicts started with arguing and name-calling and had the potential to lead to violence.Other more common conflicts stimulating requests for mediation came from students who had been threatened,who had been the victim of rumors,or who had property lost or damaged. The information necessary for conducting a successful peer mediation program.is included in this volume and the Student Manual:background information on the nature of conflict,an overview of the peer mediation process, descriptions of program u� organization and procedures,and training activities and materials. WHAT IS PEER MEDIATION? 3 The peer mediation approach presented here assumes that conflict is a normal and positive force that can accompany personal growth and social change.To deal with conflict,a trained peer mediator facilitates a process of communication and problem solving that leads to resolu- tion.Peer mediation is explained to students as"a chance to sit face to face and talk,uninterrupted,so each side of the dispute is heard.After the problem is defined,solutions are created and then evaluated. When an agreement is reached,it is written and signed." When conflicts arise,most people either react with verbal or physical aggression,ignore the situation,or withdraw from it and blame themselves.Unresolved conflicts often result in hurt feelings, loss of friends,increased anger or frustration,and sometimes physical violence.Considering the competitive nature of our society, it is not 1 lea-� t C surprising that conflicts become contests where there must be a winner and a loser This win/lose attitude is a separate and discon- nected view of society. Peer mediation redefines conflicts in such a way that no one has to lose. It is a commitment to cooperate and create new possibilities C beneficial to all involved. In looking for a common solution,disputants become partners and share in a dialogue about the quality of their lives. In addition, peer mediation teaches democratic principles and offers a forum through which students can participate in their school community.Thus,it can become a voice for those who feel alienated . or underrepresented,creating social consciousness and empowering 4 participants through responsible social action. The specific benefits of peer mediation are as follows. 1. Peer mediation teaches students to see conflict as a part of every- day life and an opportunity to grow and learn. 2. Peer mediation can be more effective than suspension or detention in teaching responsible behavior 3. Peer mediation can help reduce violence,vandalism,and absen- teeism in schools. 4. Peer mediation reduces the time teachers and administrators deal with discipline. 4 S. Peer mediation is a life skill that empowers students to solve their own problems through improved communication,problem solving, Le and critical thinking. 6. Peer mediation promotes mutual understanding of various individuals and groups throughout the school community. PEER MEDIATION AS LEADERSHIP DEVELOPMENT "Students helping students"is an important concept in the secondary schools that finds expression in peer counseling and/or peer leader- ` ship. But,due to the increasing complexity of the social and emotional — problems that today's teenagers experience,the sponsors of peer helping programs often find themselves faced with increased liability Peer mediation differs from other peer helping programs in that the mediators are taught to handle a clearly defined,formal process. They act as facilitators between two peer disputants.They do not take sides,give advice,or assume responsibility for solving the dispute. IL They are trained only to assist those in conflict to solve their own ` problem. Peer mediation can be introduced or added to a currently estab- lished student leadership or helping program. In doing so,a school can extend its services to improve the atmosphere of the whole school community. Generally,a program that offers a better alternative to — resolving school conflicts has no difficulty finding enthusiastic support ` from school staff. Specific life skills like self-control,communication,problem solving,critical thinking,and planning form the basis of the mediation •process.These are sl'dlls that all students need to learn.Students who participate in mediation feel an increased sense of internal control and positive self-esteem.There is no lack of motivation when peer media- tors confront real-life problem situations. 2 i A-� TOWARD A,HEALTHY SCHOOL CLMATE (low Creating hng a school with a healthy climate is a major challenge for students,teachers,and administrators,and the way a school commu- nity handles conflicts can have a profound effect on the overall school climate.A healthy school community will use conflict to teach impor- tant life skills that promote peace and fairness.It accomplishes this by helping students develop a respectful sensitivity toward individual '3 differences in our multicultural world.Peer mediation can play an important part in developing this sensitivity. 3 3 3 I 3 'f ii All- ; CHAPTER 1 MW Understanding Conflict Conflict is a natural,vital part of life.When conflict is truly under- stood,it can become an opportunity to learn and create.The synergy of conflict can create new alternatives—something that was not possible before.Examples of such synergy exist everywhere in nature: In the forest,the nutrients provided by decaying leaves support the growth of enormous trees.In the sea,a beautiful pearl is the synergis- tic result of sand irritating a sensitive oyster inside its shell. i The challenge for people in conflict is to apply the principles of creative cooperation that can be learned from nature in their human . relationships.When differences are acknowledged and appreciated— and when the conflicting parties build on one anther's strengths—a climate is created that nurtures the self-worth of each individual and provides opportunities for fulfillment to each. PERCEPTIONS OF CONFLICT Without conflict,there would likely be no personal growth or social change.Unfortunately,when it,comes to conflict the perceptions of most people are quite negative.When asked to list words or phrases associated with conflict,most adults,as well as most children,respond negatively: "Get rid of it,,,"It's harmful,""War,""Hate,""Get even," and so forth.These negative attitudes about conflict are likely the result of assimilated messages from the media, parents,teachers, friends,government officials,and most others with whom one encounters conflict. Negative perceptions and the reactions they provoke are extremely detrimental to successful conflict resolution.However before they can be replaced, they must first be understood.To start, think about your own attitudes toward conflict: Does denying the existence of conflict help you resolve it? Does accusing or defending help you to cooperate?Can you make a conflict go away by not thinking about it?Are you really able to force another person to change?Does assuming there will be a winner and loser help? The answers to these questions reveal that everyone in every conflict has a choice—to be driven by negative perceptions or to take control of the situation and act in a positive way.With more personal awareness and better understanding of available choices,one becomes able to approach conflict knowing that it can have either destructive or constructive results.When conflict is perceived as a positive life force,those In conflict become responsible for producing a result in which relationships are enhanced and individuals are empowered to control their own lives in ways that respect the needs of others.In brief,the power to create resolution lies within each person. 5 /04 �0 > - ---. ..._. ....�..,. ii� 'this work and others by Dr dlasser are referenced --__--_. in the bibliography. -- 6 y� are usually viewed as being successful-by the aggressor This is a win/lose arrangement:The aggressor wins and the other person loses. Hostility and physical damage result from the win/lose mentality.In addition,this attitude is always detrimental to cooperation. Confrontation can also be a lose/lose approach,as happens when people view someone who opposes them as"the enemy."In their desire to punish or get even, these individuals can take vindictive actions that harm themselves as well as their opponent. Communication Communication,fundamental to cooperative interaction,means to r participate in a common understanding.People in conflict who seek first to understand,then.to be understood,produce win/win results. Effective communication requires the skills of empathic listening,or listening with the intent to understand.People who are empathic listeners get inside another person's frame of reference to see the problem as that person does and to realize that person's feelings.The goal of empathic listening is not to agree; rather,it is to comprehend the person emotionally and intellectually.When people listen with empathy,they create the opportunity for each participant to meet the - - - - psychological need-forpower:When people are empowered,they understand they are responsible for finding their own solutions. Effective communication in conflict is proactive,not reactive. When people use reactive language to communicate,they are attempting to transfer responsibility: `There is nothing I can do—I am not responsible" (in other words,not able to choose a response).They perceive their emotions as being governed by something outside their control.Conversely,proactive language indicates that the person takes responsibility for his or her actions and has the ability to choose a response. When people behave proactively,they do not feel victimized and out of control; they do not blame other people or circumstances when in conflict.Instead,they take charge of their actions and feelings in a way that makes resolution possible. Impact of Responses to Conflict The actions people choose when they are involved in a conflict will either increase or decrease the problem:Avoidance may temporarily decrease the problem but is ineffective as a long-term strategy. Confrontation may squelch the immediate issues at the price of continued hostility.Communication offers the only possibility for a lasting solution. When conflict escalates or remains unresolved, it can be destruc- tive.As a conflict escalates, threats increase. More people become involved and take sides.Anger,fear,or frustration is expressed,and people become entrenched in their positions.When differences are communicated and resolution reached,conflict deescalates and threats are eliminated.People remain calm and are willing to listen to opposing viewpoints.Those involved focus on the problem rather than on each other In summary,then,conflict in and of itself is not positive or nega- tive. Rather,the actions we choose turn conflict Into a competitive, devastating battle or into a constructive challenge where there is opportunity for growth.. 9 i { CHAPTER 2 ' Introduction to Peer Mediation Peer mediation is a method for negotiating disputes and finding resolutions that combines the needs of the parties in conflict instead of compromising those needs.It is a way for students to deal with differences without coercion. Peer mediation works well to resolve conflict in schools because through it students gain power The more -students become empowered to resolve their differences peacefully, the more responsibly they behave. Peer mediation is voluntary.Students may request mediation ,.. ..Mhen.&ey..are involved in.a dispute,or they may be referred-by. teachers,administrators,or parents.When both parties agree to _ _..___.__ _ mediate,an assigned peer mediator arranges a meeting with the students. ROLE OF THE PEER MEDIATOR ,,. The mediation process is a step-by-step method that requires flexibility and spontaneity according to each situation.The peer mediator's role throughout the process is proactive—that is, the mediator is responsi- ble for creating and maintaining,an atmosphere that fosters mutual problem solving. Throughout a session,the mediator decides when to give more time to a person or a particular issue and what questions to ask in order to gather and use information.These decisions direct the flow of the mediation process.Thus,it is the peer mediator's role to monitor the communication between disputants constantly to maintain a balanced exchange. In order to build trust and cooperation,the mediator works to achieve the following goals. • The peer-mediator is unbiased. The mediator must be neutral and objective and avoid taking sides. In addition,he or she must be aware of any personal biases and work to keep them from distorting perceptions of people and situations. ' • The peer mediator is an empathic listener. Effective communica- tion skills are essential to mediation and influence each step of the`process.Often the problem is clouded by issues in the relationship—emotions run high,unfounded inferences are treated as fact,and blame focuses attention on past actions. Communication skills used effectively acknowledge emotions and clarify perceptions, freeing people to understand and work on the problem. 11 ' lu brad The peer mediator uses the following communication skills throughout the process: -_ " — Active listening,or using nonverbal behaviors to indicate �. that what the disputants are thinking and feeling has been understc.*d.These nonverbal behaviors include tone of voice,eye contact,facial expressions, posture,and gestures, — Summarizing,or restating facts by repeating the most important points,organizing interests,and discarding extraneous information. In summarizing,the mediator also acknowledges emotions by stating the feelings each person is experiencing. — Clarifying,or using open-ended questions and statements to ensure understanding and obtain more information. • The peer mediator is respectful.The mediator is able to treat both parties with respect and understanding,and without prejudice. Being respectful means that the mediator understands a person's emotions and beliefs.A key to respect is knowing and accepting that we are all different. • The peer mediator helps people work together.The mediator is responsible for the process,not the solution.The solutionis.the. _ responsibility of the disputants.When both parties cooperate, they are able to find their own solutions. • The peer mediator keeps information confidential. If students are to value the process,the mediator must have the integrity to uphold confidentiality. PR EPARING FOR PEER MEDIATION The proper physical arrangement is important for communication. Equality of equipment and positioning should be considered so that no party is at an auditory,visual,physical,or psychological disadvantage. With the proper preparations,the peer mediator demonstrates a sense of control and provides a secure climate in which the parties are able to reach an agreement, It works best for the disputants to sit at a table at which chairs have already been arranged.The mediator instructs the parties to sit facing each other at opposite sides of the table.The mediator sits at the head of the table between the parties and preferably nearest the exit. (Having the mediator sit nearest the exit subtly discourages either party from leaving the room.) C " The mediator should also carefully prepare all necessary forms --� before the session begins and have a pen or pencil ready for each disputant. STEPS IN THE PEER MEDIATION PROCESS : �. The steps in the peer mediation process,described briefly in the following pages,are as follows. • step II Open►ks sealer • Step 21 anther information 12 • Step 3: Focus on common interests (WW " . • Step 4: Create options • Step S: Evaluate options and choose a solution • Step 6:Write the agreement and close . The following summary of steps is expanded upon in the training activities presented in chapter S.The reader will find the case example included as part of Activity 6 In that chapter an especially helpful illustration of the basic process. Step 1: Open the Session The peer mediator begins the session by making introductions and welcoming the disputants.The mediator then states a number of ground rules designed to the facilitate the:process. • Mediators remain neutral. • Mediation is confidential. • Interruptions are not_allowed. • Disputants must cooperate. Disputants are asked individually whether they agree to abide by these ground rules. The introduction and statement of ground rules help structure a win/win climate by establishing the goal of reaching an agreement that considers both parties'interests.The opening also begins to convey the fact that the mediator's role is to help the disputants reach their own solution to the problem.An effective opening is very important in achieving a positKe outcome. Step 2: Gather Injbrmation V The purpose of this step is to ascertain each disputant's point of view i about the incident or situation.The peer mediator clarifies each party's position,finds out if the conflict is long-lasting or recent,and attempts to pinpoint any differences in values. The mediator gathers information by first asking one disputant to J tell what happened.The mediator then summarizes this disputant's story to be sure that the information has been accurately heard and that each disputant is aware of major issues and each other's percep- tions.The mediator next asks the other disputant to tell what hap- pened.Again,the mediator summarizes these statements. The mediator then asks each disputant in turn for additional comments about the conflict and continues to do so until all the ""important information has been stated.As needed,the mediator seeks � t clarification by asking questions such as"What did you think when that happened?";"Explain more about that"; and"What were your reasons for doing that?" While gathering information,the mediator must validate the concerns and feelings of each disputant as well as clarify the sequence of events,When the tnedlator aaknowledges the messages expressed � and demonstrates an accurate perception of the problem,the dis- 13 /tea - 7 E putants know they have been understood.This builds trust and encourages a constructive dialogue about the problem. A.i Step 3: Focus on Common Interests In this crucial step, the peer mediator guides the disputants in identi- fying their underlying interests.Often the students in conflict are locked into rigid positions.When the mediator asks them to look behind their opposing positions,they often find that they share certain interests or that their interests,even if different,are compatible.The mediator discovers these common interests by asking such questions as"If you were in the other person's shoes,how would you feel?"and '"What will be the consequences if you do not reach an agreement?" During this questioning process,the mediator continues to listen actively by summarizing the interests of each person. It helps to make common interests explicit and to formulate them as mutual goals by saying something like"Both of you seem to agree that. . " Common interests serve as the building blocks for the resolution. If they are not disclosed,there is little chance of making an agreement both sides can keep.The mediator does not move on to the next step until common interests are found.. Step 4: Create Options Creating options involves brainstorming.This brainstorming step, designed to produce as many ideas as possible,helps individuals solve problems creatively—one idea usually stimulates another Because evaluation hinder creativity,the process of generating options is separate from the process of choosing a solution. At this stage,then,students are not attempting to determine the w best solution.Instead,they are inventing options upon which both - sides can build and from which they can jointly choose in the next it step of the mediation process.A lasting agreement is more likely to come from a variety of options. To begin,the peer mediator instructs the disputants to look for solutions that will join their interests and leave both sides satisfied. Y The mediator next states the rules for brainstorming. - • Say any ideas that come to mind. • Do not judge or discuss the ideas. • Come up with as many ideas as possible. Y_ As necessary,the mediator helps the brainstorming process along by asking questions such as"What other possibilities can you think !' of?"and"In the future,what could you do differently?"The mediator records the ideas on a standard form as the disputants generate them. Doing so helps stimulate other ideas and promotes cooperative problem solving.The brainstorming period is concluded after several ! ideas have been recorded. i Step 5: Evaluate Options and Choose a Solution � The peer mediator begins this step by askng the disputants to nomi- pate from the list of options previously generated the Ideas or parts of 14 i /tea -�� .• ideas that they think have the best possibilities of working.The mediator circles the ideas each disputant suggests. The disputants'task at this stage is to evaluate the circled options and improve them.The mediator helps by making a number of inquiries about each option: "What are the consequences of deciding to do this?";"Is this option a fair solution?'; "Does it address the interests of everyone involved?"; and so forth. When the disputants come to an agreement, the mediator helps ` them check to see whether it is sound—in other words,whether the agreement is effective,mutually satisfying,specific,realistic,and balanced.The step ends with the mediator's summarizing all points of the agreement. Step 6: Write the Agreement and Close The peer mediator prepares a written statement of agreement on a standard form.This document is a brief,clear expression of the 3 actions to which the students have agreed.The purpose of this written agreement is to influence future conduct in a way that decreases the need for further mediation.If problems arise after mediation,a well- written'agreemenfwill clarify issues and support the disputants' intentions at the time of mediation. - After the agreement is written,the mediator reads it aloud and asks if it expresses the intent of both students.The disputants and the mediator then sign the agreement.The mediator closes by shaking hands with both parties,encouraging them to shake hands with each other, and thanking them for participating in mediation. CAUCUSING Caucusing,or meeting with each disputant individually, is rarely necessary in peer mediation. However; it may be helpful in situations where disputants are not communicating effectively and resolution seems impossible.The caucus can be used in a number of ways. 1. To uncover information or clarify details that disputants may be willing to give only in private 2. To move beyond an impasse 3. To reduce tension between disputants 4. To explore options S. To give people time to think alone and reflect 6. To build trust in the peer mediator Caucusing may take place more than once and at any time during the mediation,or it may not be used at all.The peer mediator decides whether or not a caucus is necessary.When the mediator determines a caucus is necessary for one disputant,he or she maintains fairness by offering to caucus with the other disputant as well. , Before returning to tha joint session,the mediator must have a clear understanding regarding what information each student does not want revesled:All statements made during caucusing are confidential unless the disputant agrees that the information may be divulged. • 15 ' L L DEALING WTI'$ POTENTIAL PROBLEMS a With consistent and supportive adult supervision,a peer mediation C . program will grow stronger as peer mediators gain experience. However, the following common problems may arise. G A Student Makes Numerous Requests for Peer Mediation G The student who repeatedly requests peer mediation could lack the �. social skills to have appropriate interactions with peers or could be using mediation to get out of class or obtain individual attention. If a w student is requesting mediation too frequently,it would be best for an adult to handle the mediation and assess the problem. If the student continues to submit requests,mediation sessions can be limited—perhaps to one each week. If the problem persists,It may be necessary to refer the student to the school counselor or school social worker for more specific social-emotional counseling. �. More Than 7Wo Students Request Peer Mediation Sometimes small groups of students will request peer mediation,or G perhaps a disputant will want to bring others into the session.It is best to limit the mediation to the two students who experienced the C original problem.However;there will be times when others need to be involved.If more than four students must participate,it may work best for an adult and student to co-mediate the session. 6. Disputants Hold to Their Positions Usually,the first 15 minutes of a session will indicate whether a resolution can be reached.When disputants appear unwilling to cooperate even when the mediation is lengthy,several options are possible.The peer mediator can try to encourage a settlement by 6w caucusing or by asking each disputant what will likely be lost if the conflict is not resolved. If these options do not work,the mediator can 6. ask a supervising adult to become involved.The adult can ask the .. participants to table the mediation until the next day and to agree to a truce until then, No Agreement Is Reached If an agreement is not signed, peer mediators should not feel that they have failed.Even an attempted mediation can be a positive experience because the two people in conflict have communicated their thoughts and feelings about a problem.This,in itself is a step towards mutual understanding and resolution. r. The Agreement Is Broken A broken agreement usually means that the peer mediation process was incomplete,resulting in an agreement that did not reflect all the issues in the conflict.In most cases, if disputants are willing,the conflict should In brought beck to the mediation table and the process continued.A second mediation will usually produce a successful C resolution. 16 Coqfldentiality Is rotated Confidentiality may be violated by either the disputants or the mediator.There is no way to keep disputants from discussing the mediation with friends; however, the peer mediator should be issued a strong warning for disclosing the names of disputants or any details of the session.If the mediator continues to breach confidentiality,he or she may lose status for a period of time or be suspended entirely -. from the program. Of course,peer mediators can and should discuss sessions with other mediators or their adult supervisors. In fact,it is essential that mediators report any problems that may require referral to counseling or other adult assistance. In this way,students who need help beyond peer mediation can receive it. 17 D=SP Jr1M 1` MT_A7MCff SII2V=CE, 134C 3400 Carlisle, Suite 240, U3--9 * Dallas, Texas 75204-1261 Tel. 214-754-0022 * FAX 214-754-0378 PROPOSAL FOR SOUTHLAKE-CARROLL ISD JANUARY, 1994 I was asked by Mr. Bill Low to send a proposal to the district for the Peer Mediation program which we okfer. Enclosed are the broad dimensions of a program that would cover five schools: two elementary schools, one intermediate school, one middle school and one high school. -The complete student training takes 15 hours for the secondary schools and 9 hours for the elementary schools . At the elementary and intermediate level, we ask that the counselor teach a 5 to 6- hour curriculum, which we will provide, before we do the student training. This curriculum-would be taught to all the children in the grades from which mediators will be chosen. Our charge for secondary schools is usually $2,000 for a one year contract and $1, 600 for an elementary school . Because of the number of schools, I have reduced the cost to $1, 800 for each Lecond U and $1,400 for the elementary. The total cost would be $7 , 800. This price assumes that the adults will attend the Basic and Tr iner sessions in Dallas. The services we provide are outlined on the accompanying sheets, including two sample contracts. We strongly recommend that each school agree to a two-year commitment with us , in order to assure that the program has the best chance ' to endure and become self- sustaining. I feel that. there are many details for a successful launching and nurturing of this program which need to be discussed. We have a lot of experience in this area and realize that one of the most important factors in having a. successful program is careful advance work and knowledgeable commitment from each of the schools involved. This has been a particularly busy time, so I 'm sorry that it took me a few days to get this to you and I feel that there is still much to discuss, if you are interested in working together. Please call with any comments or questions. Contact: Liz Wally, Director' School Training Project (214) 661-5123 DISPUTE MEDIATION SERVICE,INC. 3400 Carlisle,Suite 240,LB-9*Dallas, Torras 75204-1261 Tel, 214-661-S123 *FAX 214-661-S182 CONFLICT RESOLUTION/PEER MEDIATION PLAN JANUARY, 1994 BASIC ELEMENTS OF THE PROGRAM To become involved in the mediation program, a school must commit to the following / basic requirements in the first year: Program set up and contract meeting with DMS Basic Training (6 hours for 6 people) Trainer training (30 hours + apprenticeship sessions for 2 people) Full staff orientation (3 hours) - optional suggested for students Student mediator training: Elem (min. 9 hours) Middle and High (min. 15 hours) Follow-up session with students within first year ASSUMPTIONS Six people from the school (can include school staff, parents or community advisors) will . attend a six (6) hour Basic Training session during the contract period. At least one of these people should be an administrator. Of these six, two will continue with 5 more 6-hour sessions and an apprenticeship at a full student training. They will then be prepared to give the faculty orientations and the student trainings in the future. At least two of the six people from each school will be designated as the coordinators actively responsible for the program. Usually, those also designated as trainers will be in this role or share it with others who attended the Basic Training. They will be supplied with coordinator notebooks at this training. If possible, they should attend Basic Training before the student training takes place. The school will interview, and select a group of no more than 20 to 24 students to participate in the student mediator training. The students should be willing to commit to remain active mediators as long as they attend the school. Training is usually done during school hours and students are responsible for work missed. • All staff (and interested parents) should attend the orientation session, which will include the theory of cogflict resolution and introduction to:the mediation process. OME TO THE PEER MEDIATION 2ROGRAM, We hope this diagram will help you understand how this program works. The adult training schedule listed on the back is especially important. Please feel free .to call Liz Wally at (214) 661-5123 at anytime. Coordinator Team BASIC TRAINING: Session 1 O . . 0' • (6 hours) Conflict Resolution Theory, Mediation Process Preview, and Logistics of the Program Training for Trainers (6 hours each) Session 2: Mediation Process - Part I Trainers Session 3: Mediation Process - Part II Session 4: Mediation Process— Part III Session 5: Use of Training Materials A Session 6: Practice Training ' ,Question: Who makes. up the Coordinator Team? Answer: All six people 'receiving Basic Training.' They will act as a support system for the program. By having six people exposed to the theory and process of conflict resolution and mediation, the program has a much greater chance of being fully integrated into the environment. Question: Who attends the Basic Training? .Answer: Each school has paid for up to 'six people to have the Basic . Training (formerly. called_,--::oordinator/Trainer - 1st Session) . Ideally, two of these people will be administrators. The others can be teachers, counselors, librarians, aides, etc. ; parents; or community liaisons. Two of these people will continue on to be trained as trainers for their school-. Question: Who are the coordinators? Answer: Two or more people from the coordinator team who actively run the PEER MEDIATION PROGRAM at your school. Questio'n: Who are the trainers? Answer: - Two people from each school will go on to receive thirty more hours of training and attend one student training ression an assistants. They will then be ready to train students at their school' the following year. • t j DISPUTE MEDIATION'SERVICE, INC. 3400 Carlisle, Suite 240, LB-9*Dallas, Texas 75204-1261 Tel. 214-754-0022*FAX 214-754-0378 SCHOOL PROGRAMS IN MEDIATION AND CONFLICT RESOLUTION Dispute Mediation Service (DMS) offers training in peer mediation and conflict resolution to elementary,.middle, and'high schools. Programs like these are being used around the country with very good results. and were started here in Dallas•in January, 1989, at Longfellow Career Academy. ' The school district or an individual school can contract with DMS for a customized training package. The services we offer include: A. Preparation of the school:environment for acceptance of the program, through meetings and 'presentations with administrators, faculty, parents and students. B. Trainings of both students and adults in conflict . resolution, communication skills, and the mediation process. C. Continuing i support of the program' through site visits and regular coordinator meetings. D. Training of trainers. E. Resources such as speakers, videos, curricula, conference and training information, and printed material. (awl Our director is' a trained and experienced mediator who trains both adults .and student mediators for Dispute Mediation Service, Inc. She was also trained by Community Boards as a trainer for school programs. She is a member of NAME (National Association of Mediation in Education), SPIDR (Society of Professionals in Dispute Resolution), TAM (Texas Association of Mediators) and AFM (Academy of Family Mediators): All lead trainers' with this agency are trained experienced mediators, who have apprenticed as assistants with the director. The agency has conducted over.130 student trainings. Other Dispute Resolution Centers and trainers in the state have'called to learn from our program. We have offered summer programs for student ,mediators, have held a Peer Mediator symposium, and have held 40-hour Basic Mediation courses for educators. We also hold training programs for Peer Mediation trainers. PEER MEDIATION The option of mediation,, as offered by the school, gives a message to students that they have responsibility for their own►;conflicts and that they can resolve many problems, themselves. The mediation 'session Is structured to preserve or, establish respect for individuah,feelings and 'needs. Students are given :the responsibility of creating workable solutions to their problems. After adult coordinators. are chosen to facilitate the program, the selected students are trained to be mediators. They learn skills to help fellow: students resolve their disputes. The 'disputes most often brought to mediation are: he said/she said, boyfriend/girlfriend, broken friendships, namecalling, and personal property. But, in cases of violence or,substance abuse or.. when school rules are broken, the dispute goes through- regular.channels. Sometimes, after appropriate action has been taken, the. administrator offers.the option of mediation to the students to attempt to get a more lasting resolution. During the training, both the students chosen to be mediators and their coordinators study the structured process of mediation. They first learn the skills of active listening, using,"I" statements,.identifying feelings and conflict analysis in a workshop-style atmosphere , using: role-plays . and hands-on activities. After learning these .skills, they, are taught .to offer the disputants the opportunity to develop a meaningful, workable!solution through the process of mediation. , The mediators do not make. judgments, .offer-:advice, take sides or; talk about what went on in thesession If.there. is. no solution agreed upon, the mediators simply report to the coordinator that there was an impasse; they never impose a decision or solution. The mediation sessions are governed by at least five rules: 1) Agree to try to solve the problem, 2) Agree to tell the truth, 3) Agree not to interrupt, 4) Agree to no name-calling or put-downs, and 5) Agree not to no physical fighting. CONFLICT RESOLUTION Depending on the needs of the individual schools, conflict resolution training can be approached in several ways. Our resources include various styles of conflict resolution curricula, videotapes and other activities which can be incorporated into social studies, language arts, life skills, or advisory periods.! Alternatively, we can make special presentations. This training can be as basic as the first part of the peer mediation training which includes -the meaning of, types, and responses to conflict; active listening; 'and effective communication skills. Or we can also provide more in-depth reinforcement of the above skills, particularly those dealing with the understanding of conflict. We have many different resources and programs that each school can look at to . design the program to fit the special needs .of its student body. The scheduling and sites of the mediations vary to suit the different school buildings, schedules_ , and student composition. We also. have.staff.training for both programs. For more information, please call Liz;Wally,;School,Medlation Training Director at'--.., (214) 661-5123 or 764-0022. DISPUTE MEDIATION#SER /ICE INC - 340o Carlisle, Suite�240, LB-9*Dalles,Texas 75204-1 1 i Tel: 214-754-0022*FAX'214-754-0378 (iW Date: Dear Dr./WN& This is to confirm your acceptance of the first year of the Peer Mediation training for Besides the student training,we will provide: 1. A 3-hour faculty orientation on conflict resolution (in Waco). 2. A"our Basic Training for six(6) people from the school. 3. Additional 30-hours of training for(2)two trainers. 4. An invitation to the'regular coordinators' meetings, and a coordinator notebook • for the school.' For elementary schools: a curriculum to be taught in advance of training. 5. A contact person as a resource for questions or advice. 6. A set of training materials for each of the mediators. 7. Access to our resource material. The school should provide: ;, 1. At least (2) two coordinators forthe program, includinga counselor, if possible. The coordinators should, attend the student training" as well as the 6-hour (liiw training. Time should be given to coordinators to manage the program. 2. Permission for the coordinators to attend at least three meetings. Elementary only: time for the counselor or other school personnel to present the curriculum we provide to! all the students in the-grades from .which mediators will be selected (about 5 to 6 hours of the curriculum). 3. A regular time slot and space for meetings of the mediation team (students and coordinators). 4. Space and VCR for the student training sessions. 5. Two people to be trained as-trainers, who will attend the student training sessions as apprentices. They will be involved as well in a 36-hour course over the year. 6. At least one administrator who will attend Basic Training. 7. Time for the 3-hour faculty orientation. The fee of $ is due on the last day of the student training. The check should be made out and mailed to: Dispute Mediation Service, 3400 Carlisle at Lemmon, LB9, Dallas, Texas 75204. Accepted by: Principal Liz Wally, School Training Director Area Director Dispute Mediation Service DISPUTE MEDIATION-, INC. 3400 Carlisle, Suite 240, LB-9*Dallas,Texas 75204-1261 Tel. 214-754-0022*FAX 214-754-0378 Date: Dear Dr./Mr./Ms. , This is to confirm your commitment to Year Two of the Peer Mediation training for this year. Besides the student training, we will provide: 1. Student training, at which we will assist or train, as requested by the in-school trainers or coordinators. 2. Retraining, completion of training or-,training of new trainers as required to ensure the school has at least two trainers available. 3. Advanced training sessions offered to.-trainers, coordinators and administrators -during the year. 4. Review and evaluation of the program:-: 5. A contact personas a resource for..questions or advice.; 6. Access to our resource material. 7. Work with school to broaden teaching and use of conflict resolution and mediation skills throughout school and broader community. The school should provide: 1. At least (2) two trainers and/or coordinators for the program, including a counselor, if possible. -i;The trainers will train or assist at the student training. Time should be given to coordinators to manage the program. 2. Permission for-the trainers-or coordinators to attend at least one advanced training session during the year. 3. A regular time slot and space for meetings of the mediation team (students and coordinators). 4. Space and VCR for the student training sessions. 5. One and a half-hour faculty reviewAraining session. The fee of$ is due on the last day of the student training. The check should be made out and mailed to: Dispute Mediation Service, 3400,Carlisle at Lemmon, LB9, Dallas, Texas 75204. Accepted by: Principal Liz Wally, School Training Director Area Director Dispute Mediation Service FEo-23-94 WED 16:15 CARROLL ISD FAX NO. 4210810 P.42 Y � Peer Mediation Proposal to the City Council of Southlake and the Carroll ISD Board of Trustees Recognizing the benefits of peer mediation to the students of our community and to the nature of our community as well, the Southlake/Carroll ISD Peer Mediation Task Force recommends joint funding of Peer Mediation training, beginning In the spring Of 1994: Dispute Mediation Service, Inc. 3400 Carlisle, Sufte 240 Dallas, Texas 75204 Services Pro yidead: COs 1) Information meetings with each school's faCulty and principal to be completed by April 1, 1994. 2) Distribution and coordination of conflict resolution curriculum with elementary-age students. 3) Basis peer mediation training to teams of 6 from each school, completed by May 1, 1994. 4) Training of peer mediation student teams this spring/fall 5) 'Training of mediation trainers, completed by January, 1995, 6) Follow-up sessions with sohool coordinators and students from now until May, 1995. Total rreining Costs: $7800.00 Casts for supporting materials and training films: $2200.00 Total Costs: $10,000.00 The task force asks the City Council to support this initiative via the Southlake/Carroll Youth Council, and asks that the Council and the Carroll Board of Trustees equally share the initial costs of this project. City of Southlake,Texas M E M O R A N D U M February 24 , 1994 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Professional Services Agreement with J.T. Dunkin and Associates for the preparation of contract documents and related services for expansion improvements to Bicentennial Park. The need for additional recreational facilities in the City of Southlake is very important in order to provide the quality of the life expected from the citizens of Southlake. The above referenced project represents the first of many steps towards providing the necessary recreational facilities as outlined in the Park Master Plan approved by Council in January 1992 . The approval of the half-cent sales tax by the citizens in November of 1993 allowed this project to become a reality. The firm recommended for approval has many years of experience in the area of parks and recreation planning and development . Attached you will find a summary of previous project experience successfully completed by the firm. , The fee is based on a percentage of construction costs . (70 of $1, 733 , 315 = $121, 332 fee) . The percentage rate is derived from the Texas Society of Architects Fee schedule for recreational facilities . This is an industry standard for fee establishment with professional service firms (see attached schedule) . This fee will be funded from the Special Revenue Fund within the Parks and Recreation division. The improvement within the scope of services includes the design and construction document preparation for all improvements shown on the attached concept plan. It does not include construction administration for Phase II, the property not currently owned by the City. Please feel free to contact me should you need further information pertaining to the qualification of the recommended consultant or the intended scope of services . I City of Southlake,Texas Curtis E. Hawk, City Manager Professional Services Agreement February 24, 1994 Page 2 Please place this on the next Council agenda for their consideration and authorization to enter into the professional services agreement attached and begin the preparation of the construction documents. GL/gj (11 encl . Professional Services Agreement Qualification of J.T. Dunkin and Associates Texas Association of Architects Fee Schedule i J. T. DUNKIN & ASSOCIATES, INC. PARK MASTER PLANNING FRIENDSWOOD, PARK, RECREATION AND OPEN SPACE PLAN 1992- TEXAS Project Elements: . Inventory and analysis Population and future land use patterns Recreation and parks needs analysis Development of park standards Establishment of future park locations and facilities Capital Improvement Program Status: . Study is currently being developed and scheduled for completion by early 1993 HIGHLAND VILLAGE, PARK MASTER PLAN 1988-89 TEXAS Project Elements: . Base data and inventory of existing facilities Determine future community growth patterns Recreational needs analysis Develop park and recreation standards Future parks and facilities locations Development of Park Dedication Ordinance Recommendations for beautification and treatment of entryways into the City, streetscape, public grounds, and future public facilities Status: . Project complete; in use Comments: . Plans meeting the requirements of the Corps of engineers will be prepared for Copperas Cove Park on Lake Lewisville. KELLER, TEXAS PARK MASTER PLAN 1988 Project Elements: . Inventory and mapping of existing facilities Needs analysis Development of park system standards Future Park Sites Plan and site selection criteria Evaluation of potential funding sources Status: . Project complete; in use /D�- 3 LEWISVILLE, TEXAS PARK MASTER PLAN 1986 Project Elements: . Analysis of existing park facilities Establishment of park standards and future park needs Located future park facilities Proposed a greenbelt system to link future parks Developed detailed neighborhood park Development Guidelines Status: . Project complete; in use Comments: . Plan was initiated and used to implement a park dedication ordinance MCKINNEY, TEXAS PARK MASTER PLAN 1984 Project Elements: . Evaluation of existing facilities Developed standards for future park development Proposed a future park system ■ Conceptual design of a four mile long community park along Wilson Creek Status: . Project complete, in use Comments: . Plan is being carried out (see McKinney Softball and Soccer Complex Projects below) PALESTINE, TEXAS PARK AND OPEN SPACE PLAN 1979 Project Elements: . Community survey and needs assessment Evaluation of existing park and open space facilities Development of park standards Establishment of future park locations and facilities Status: . Study is complete Comments: . Funded in part through the Texas Department of Community Affairs Comprehensive Planning Assistance Grant r , The above plans are detailed master plans covering various aspects of current and long-range park and recreationl needs for those cities listed. J.T. Dunkin&Associates has prepared numerous other plans for park and open space development as a park element in conjunction with the development of Comprehensive Master Plans for the cities of: Midland Fort Stockton Frisco Odessa Belton Corinth Athens Lancaster Terrell Castroville J. T. DUNKIN & ASSOCIATES, INC. SITE SPECIFIC PARK PROJECTS PLANO, TEXAS RUSSELL CREEK PARK ATHLETIC COMPLEX 1993-1994 Design Elements: . Playground area $ 4,000,000 2 miles of hike & bike trails Group picnic facilities 8 acre lake 17 soccer fields Status: . Project under construction Comments: . Texas Parks & Wildlife matching grant GARLAND, TEXAS DUCK CREEK HIKE & BIKE TRAIL 1985-1987 Design Elements: . Playground area $ 422,000 2.6 miles of hike & bike trails Group picnic facilities Low water crossing Status: . Project complete; in operation Comments: . Texas Parks & Wildlife matching grant Honorable Mention Design Award from Texas Recreation & Parks Society (TRAPS) GARLAND, TEXAS ARNOLD AND CAROL ABLON PARK 1986-1988 Design Elements: . Prepared Texas Parks & Wildlife grant $ 340,000 application Pond with fishing pier Hike and bike trails Picnic facilities Casual sports fields Status: . Project complete; in operation Comments: . Matching grant request was approved GARLAND, TEXAS NORTH GARLAND NEIGHBORHOOD PARK 1986 Design Elements: . Prepared Texas Parks & Wildlife grant $ 420,000 application Status: . Project complete; in operation Comments: . Matching grant request was approved /D�f '/' GARLAND, TEXAS WINDSURFER BAY PARK 1991 Design Elements: . Prepared Texas Parks & Wildlife grant application Status: . Project complete Comments: . Matching grant request was approved GARLAND, TEXAS SPRING CREEK GREENBELT PARK 1992 Design Elements: . Prepared Texas Parks & Wildlife grant application Status: . Project application under consideration by Texas Parks & Wildlife LEWISVILLE, TEXAS AUSTIN KENT ELLIS PARK 1986-1987 Design Elements: . Playground area $ 67,000 Parking lot Picnic facility Status: . Complete and open to the public LEWISVILLE, TEXAS CREEKVIEW PARK 1987 Design Elements: . Playground area $ 70,000 ■ Walkway Picnic shelter Status: . Park has been completed and is in use LEWISVILLE, TEXAS CENTRAL PARK 1985-1986 Design Elements: . Sesquicentennial Park $ 707,000 Band shell Restroom Picnic shelters Hike & bike trail Picnic units Playground area Status: . Area I (Sesquicentennial Park) and Area 2 are complete and open to the public /co,6 - McKINNEY, TEXAS WILSON CREEK SOCCER COMPLEX 1984-1985 Design Elements: . Two lighted soccer fields $ 500,000 Three unlighted soccer fields Restroom facilities Status: . Project complete; in operation Comments: . Texas Parks & Wildlife matching grant McKINNEY, TEXAS SOFTBALL COMPLEX 1986.1988 Design Elements: . Two lighted softball fields $ 700,000 Concession stand Volleyball courts Hike & bike trail ■ Shoreline restoration Status: . Project complete; in operation Comments: . Texas Parks & Wildlife matching grant ALPINE, TEXAS KOKERNOT PARK 1986-1987 Design Elements: . Two baseball fields $ 157,000 Soccer field Hike & bike trail Status: . Project complete; in operation Comments: . Funded by a matching grant from Texas Parks & Wildlife Department MIDLAND, TEXAS HOUSE PARK 1985 Design Elements: . Volleyball court $100,000 Play structures Picnic shelters Picnic areas Softball/football fields ■ Walking trail Status: . Phase I complete Comments: . Park in operation MIDLAND, TEXAS SANTA RITA PARK 1984 Design Elements: . Play structures $100,000 ■ Picnic shelters ■ Picnic areas ■ Softball/football fields ■ Walking trail Status: . Phase I complete Comments: . Park in operation MIDLAND, TEXAS BUTLER PARK 1984 Design Elements: . Tennis court $75,000 Volleyball/ Badminton Court Picnic Shelter Play structure ■ Walking Trail Exercise Stations Status: . Phase I Complete Comments: . Park in use DENTON, TEXAS EVERS PARK 1987-88 Design Elements: . Renovation of existing baseball fields $ 100,000 ■ Lighting improvements Play structures Drainage improvements ■ New soccer fields ■ New softball fields Landscape and irrigation improvements Status: . Project complete; in use DENTON, TEXAS DENIA PARK 1987-88 Design Elements: . Parking lot renovations $ 170,000 ■ Drainage improvements Renovation to women's softball fields ■ Soccer fields ■ Parking lot design ■ Landscaping and irrigation improvements Status: . Project complete; in use /06- 9 DENTON, TEXAS NORTH LAKES PARK 1992-1993 Design Elements: . Five field softball complex Field lighting plan Five field soccer complex Restroom/Concession building Parking lot and roadway Picnic facilities Play structures Status: . Project under construction KELLER, TEXAS BIG BEAR CREEK GREENBELT MASTER PLAN 1991-1993 Design Elements: . Analysis of property ownership $ 515,000 Analysis of environmental opportunities and constraints Development of conceptual master plan for a four mile greenbelt park Status: . Master Plan complete Comments: . Master Plan was used to promote successful park bond program and successful grant application to the Texas Parks & Wildlife Department KELLER, TEXAS BIG BEAR CREEK GREENBELT PARK - PHASE 1 1990 - Present Design Elements: . 2.7 miles of hike & bike trails Two parking lots Two accessible playgrounds Trail covering structure under Union Pacific Railroad Picnic facilities Status: . Project under construction Comments: . Texas Parks & Wildlife matching grant /1�)h -/° GEORGETOWN, TEXAS SAN GABRIEL RIVER CORRIDORS GREENBELT PARK MASTER PLAN 1992 Design Elements: . Analysis of property ownership Analysis of ecological and botanical communities Preliminary hydrological analysis of the North and South San Gabriel River Corridors Preparation of an environmental sensitivity zone map Development of conceptual master plan for the River Corridors Greenbelt Park Preparation of a local park fund grant application to Texas Parks & Wildlife Department Status: . Grant application currently being processed by Texas Parks & Wildlife Department J.T. DUNKIN & ASSOCIATES, INC. Firm Background J.T. Dunkin & Associates, Inc. was founded in 1973 with the goal of providing Urban Planning and Landscape Architectural services to both municipal and private clients. The firm consists of 9 full time employees. Mr. Dunkin, the firm's founder, is the principal in charge and is actively involved in the firm. The firm also has three partners who are involved with project management. Based in Dallas, J.T. Dunkin &Associates, Inc. has been involved in a wide variety of projects, both in the metroplex and throughout the State. Services provided are broadly divided into two areas based upon the clients served, municipal or private. For municipal clients, services performed include Comprehensive Planning, Parks, Recreation and Open Space Planning, Park Design and Development, and various specialized studies such as historical preservation and urban design. For private clients, services include land use studies, site design, and landscape development design. To assist in its operations, the firm utilizes computer technology in much of its operation. The increased accuracy and time savings possible through use of the following equipment allows us to better serve our clients. Hardware Software Two Dell 486/33 Personal Computers AutoCad (Computer Aided Design and Two Dell 486/66 Personal Computer Drafting Package) (Release 12) Two Compaq Deskpro 386/20 Personal AutoScript (Release 5.0) (color generation) Computers Landcadd Com( panion Package to Autocad for Landscape Architectural Applications, Two Hewlett Packard Vectra Personal Computers Release 12) Calcomp 1043 "E" Size Plotter Lotus 1-2-3, 2.3 Two Hewlett Packard Laser Jet Printers Word Perfect 5.1 Paradox (Data base management program) Three GTCO 36"x 48" Digitizers Sumagraphics 12"x 12" Digitizer PacificPage Fonts 4.0 Four multisync Color Monitors with PCFIS (Fiscal Impact Analysis) High Resolution Graphics Cards Aldus Page Maker I Hewlett Packard Paint Jet XL-300 Aldus Photostyler Aldus Freehand R base (Release 4) i FEB 24 '94 14: 19 J T DIJHK.1H & ASSOC FAX# 553-5791 P. 16 Y Construction vn Carat Of Project Group I Group n Group III Group 11.' Croup V p o S b01000.00 12.00% 10.00% 9.00% 8.50% 8.00% S 100.000.DO 11.500/0 9.75% 8,75;, 8.251-V 7.75% 6 200.Ob0.00 11.00q 9.50% 8.SO% 8.0c% 7.501, S 300,000.00 10,50% 9.2596 8.25% 7.75% 7.2511,4' $ 500.0W.00 10.00% 8.75% 7.75% 7.25% 4.75% S 750,000.00 10.00% 8.30% 7.3D% 6.80% 6,30% S 7.0001000.00 ]D D090 8.00'?6 .O 0.501. 6.00% S 21500.000.00 9.75% 7.75% 6.75`6 6.25% 5,W". $ 5.000.000.00 9.8500 7.85:•b 8.8540 6.75% .700.0 S10.000,000.00 9.50% 7.50% 6.50% 6.00: 5.50% General Motes: 1. When project construction cost falls betwe a the tabular limits, the rates for basic services are determined by direct interpolation.Forexample,on a project In Group II costing an estimated S645,000.00.the recommended minimum compensation would be 8.49%. 2. When construction costs exceeds 10 million dollars. the Architect's compensation is subject to individual negotiation, since there may be many variabies on a project of this magnitude. However, it should be noted that the rates of compensation quoted in the table for projects coating 10 million dollars are quits close to the absolute minimum compensation for projects having construction costs above 10 million dollars. 3. Alteratione to structures have many unforoaaaable aonditiona that complicate and extend the normal basic professional services.These increase sub-stantially the cost of the Architect's services.Basle compensation for alterations should be Increased by at leeat W4 above the rates indic>atttd on the schedule. Alteration is defined as any change(architectural.structural.,mechanical or electrical), made to a.n existing structure and includes portioua of that structure altered as a result of additions, or extensions to th© structure. 4. For projects constructed an a cost plus a fee balls or under separate lump sum cun- trects,the recommended minimum cotnpeaeat.ion of the Architect should be Increased by a gum sufficient to cover the cost of additional services. (Oo projects constructed on this basis, usually all auditing and cost accounting will be done by accountants employed by the Owner). S. When labor or material is furnished by the Client, the project construction cost for the purpose of determining the Architect's compaaaation sh.11 include such labor and material at an amount equal to the current market col¢t. TSA 1960 rtl� c4 :�4 14: 18 J T DUI'JKIN & ASSOC F-AX# 5153-5781 P.15 GROUP in Structuresof moderate complexltyof design,including those requiring o moderate amount of scientific, mechanical and electrical equipment. Auditorla Office Buildings (Except Madlaal) Banks, ExchaaZes and with Tenant improvements Other Financial Institutions Park and Playground Facilities Cinema,Theatres and Police Stations Stmilar Facilities Poet Offices College Class Room Buildings Publishing Plants Communications and Race Tracks Broadcasting Buildings Recreational Facilities and Conveatian Facilities and Neighborhood Canters Exhibit Halls Restaurants anu C,uos Correctional and Detention Buildings Schools, Secundary Dining Hallo (Institutional) (public and Parochial) Fire Stations Strops. Specialty Gymnasia Stadia Laundries and Clearing Facilities Swimming Pools Marinas Terminals, Passeagat (Rag. Bus and Air) Mortuaries Welfare Buildings Nursing Homes YMCA, YW[;A buildings GROUP IV Structures of conventional character and detail, requiring normal design, detail and mechanical and alectrical equipment. Armories Hotels and Motels Apartments Manufacturing Plants Bakories Office Buildings (without Bowling Alleys Tenant imprcvementa) Cold Storage Buildings Packing and Processiag Plants Convents and Monasteries Printing Plante Dormitories Public Markets Elementary Schools Reteati Stores (except Specialty Shops) (Public and Parochial) Sales and/or Seivtce Centers Exposition Buildings Shopping Centers Freight Facilities Supermarkets Hangers GROUP V (Lowest Fee) Structures of simplest,utilitarlan character which are without complication of design or detail and require a minimumo€simple finish and simple mechanical and electrical work. Garages and Parking Structures Loft Type Structures (industrial) Warahouses Texas Society of Architects FEl3 ?�1 'grl 1,�' 18 J T DIJbIKIN a (l�Z60C WflYf SS3-5781 R. 1't TEXAS SOCIETY OF ARCHITECTS SCHED[ r,E OF RECO ED PERCENTAGE COU'ENSATION FOR BASIC SERVICES The amount of service and skill required of the Architect on different types of pralecis varies widely. Heaically, the amount of work. measured in man hours, which will be required In the rendering of hie professional services determines the amount of campensa- tion the Architect must expect. The separation of buildings into five categories Is for the purpose of indicating their relative complexity. and their resulting demand far expenditure of the time of the Architect. his Staff and his Consultants. A small building will ordinarily require more time per ualt of volume or construction cost on the pert of the Architect. his Staff and Consultants than will a Iarge building of the same type:therefore.the Architect's compensation must be proportionetely higher. The schedule of compensation covers complete Basic professional Services as set Gut in the Statement of Services and is recommended as minimum compensation consistent with the proper rendering of the services involved. Since such services are professional In nature and depend on the unique talents of Ile Architect,faea higher than those ahoum are frequently appropriate. GROUP I (Highest Fee) Custom residences, monumental buildings and other facilities requieog consummste design soil and much precise detailing. Fixed and Movable Equipment Residencas (Custom) Furnishings Restorations lnteriors Shop Front$ Mausoleum®. Memorials and GROUP II Structures of exceptional character and complexity of design, tncludiag those requiring comparatively large amounte of complex scientific,machanical and electrical equipment. Aquaria Medical SchooiQ Airport Control Towers Mantel Institutloas Art Galleries Musauma City 1-iaIIa avd Courthouses Observatories College Buildings with pub c Henlfh Cent Special FacWties Religious Facilities Hospltala Reaeanh Facilities Laboratorion Schoab, Special Libraries Telemetry Buildings Medical Office Facilities and Clinics VRterinary Hospitals 'tSA twee FEB c4 '94 14:09 T T DUIJI:IN & ASSOC FAX# 555-5781 P.2 CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES This AGREEMENT Is made and entered Into by and between the CITY OF SOUTHLAKE, hereinafter called the CITY and J. T. DUNKIN AND ASSOCIATES, INC., a Texas corporation hereinafter relied the LANDSCAPE ARCHITECT. RECITALS This AGREEMENT Is applicable to the furnishing of land>smps architectural/planning BVVIGes by the LANDSCAPE ARCHITECT for master planning and preparation of cOrtffitruction domments for 51centennlal Park (the 'PrCgacV" . These services will be provided whether funded directly by the CITY, by prhvto sources, and "ememzed by CITY, or by Grants or other sources, and to the Went that such servk*8 from Wm to time are authorized In writing by the CITY, as provided In Sectlon II following. CONTRACTUAL UNDERTA)QNGS SECTION I EMPLOYMENT OF LANDSCAPE ARCHITECT I. Employment of the Landscape Architect The CITY herby agrees to retain the LANDSCAPE ARCHITECT to Worm profaaskmal landscape architectural services In connection with the Pro;act; LANDSCAPE ARCHITECT agrees to perform such services In accordance with the terms and oonditlons of the Agreement. il. Scope of ferAcee The parties agree tfiat LANDSCAPE ARCHITECT shad perform such services as are set forth and described In Exhibit "A', which is attached hereto and thereby made a part of this Agreamant, The parties understand and agree that deviatlatts or modhIcattxns in the form of written change orders may be authorized from time to dme by the City. SECTION II AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the LANDSCAPE ARCHITECT pursuant to this contract until LANDSCAPE ARCHITECT has received written authorization to proceed from the CITY. 1 AD - /� r�n cv 7 l +• 1�j I UUfi1;IfJ (1�SUC F A:•;# 553-5781 P.3 SECTION III PERIOD OF SERVICE This COntmot shall be effective upon execution by the CtTY and LANDSCAPE ARCHITECT.and abet! remain In force until terminated under the provisions hereinafter provided In Sedlon Ix. SECTION IV COORDINATION WITH THE CITY The LANDSCAPE ARCHITECT shall hold Ped0dic txynfetenced Wth the CITY, or its reprerrtativeg, In an effort to benefit from the CLTY'S experience and knowledge of wdstkV needs and feicllftfee, and so as to make the Project design as consistent as Is reasonably practkabie with the CITY'S current policies and construction>stendards. To implement title effort, the WY shall make mmllable to the LANDSCAPE ARCHITECT for use In planning Iris Project, all existing plans, maps, field notes, statistk-A comNtatkxte and Other data In the CITY'S poseeselon pertaining to existing facllldea which the CITY might belleve could have any relation to they Project. SECTION V COMPENSATION AND METHOD OF PAYMENT The parties agree ftt LANDSCAPE ARCHITECT shall be compensated for all wvtl w provided pursuant to this Agreement In the amount and manner described and set forth In the Payment Schedule attached hereto as E)thibh 'B' which is thereby made a part of this Agreerr W. Landscape Architect further agraw that it will Prepare ftemtzed statements as described In said Exhibit 'B.' SECTION VI INFORMATION TO BE PROVIDED BY THE CITY The CITY agrees to furnish, prior to commencement of work. all that Mrmatfon set forth and described on Exhibit`C", which Is attached hereto and hereby made a part of this Agreement. SECTION VII PROGRESS MEETINGS LANDSWE ARCHITECT or It's designee agree to attend all monthly progress meetings echwuled by CITY, and at such meetings will endeavor to oudlne work accomplish+ad and identify any sWlal problems or delays known to LANDSCAPE ARCHITECT which are en=ntered In connection with the Project doting the previous report period, as well as planned work amities and special problems and delays anticipated for the r�wd report period. 2 I LB c'4 '94 1�: 16 T T DI YAN IH & 1-6-SOC" F AX# 553-5 r 81 SECTION gill OVYINERSHiP OF DOCUMENTS AiI docurnan>a 41duding MAgi;ar glans, Dravrix , and Specifications ptmpared or fumished by the LANDSCAPE ARCHITECT (and LANDSCAPE ARCHITECT'S Indi"ndam professional tiseociatee and c,�nsuliarrts) pursuam to O-ils AGREEMEW are krrstrum"s of service with respect to We Project, and the CITY shalt resin excluatve ownership and Property Irttarest dwein whether or not the Pr*ct is completod. The LANDSCAPE ARCHITECT wltl provkie a complete set of reproducible I11YV" Of tfia c;:rmt'r AtAd rlrtt+rrAUG plus rreonatio disks oontalning ttu edreeituetlon deoumantb an AutoCAD to the CITY, The reproduction coat wkI bs invoiced a$a Mimbumable expe+tae. The CITY msy use the plena, drawings art!s{yook;g1bns W kTfiorrnetion Wt d►4ww)ce in oonnacti()n Wkft the use and occupancy of the Projcac:t by the UW and others; hvws,�w, sch docurn8nts are not Intended or represented to be suitable for reuse by the CITY or others on extenslc ms of the Project or on any outer Project. Any rows whhout wrtttan vettflcetion or adaptation by the LANDSCAPE- ARCHITECT for&f O specific purpo" Intended Will be at the CITY'8 sde 16k find Witb tfi Ilabilty or ►agar)BxPoaure to the LANDSCAPE ARCHITECT. or to tho LANDSCAPE ARCHITE'07 8 Indepenttent ptrofesslorw assocWea and consultants- Further, the CITY 6W hold harmless LANDSCAPE ARCHITECT and all Independent ProfeWonal associates errrd consultant from all claims, damages, Ic&aes WO exi)Er►ses including attprr g fees arising out of or msulting from any use of the docurrm" od-wr than for oonstruOon of the Project. SECTION! IX ,gl D17ONAL SEIWCES Various emir-se ID6dOnW to tte Project, bU not within the scope of the professional serves covsred by Exhibit W, which nay be performed or arrangsrl for se ararely by the (STY, or may be added to the LANDSCAPE ARC4 IfTECT'S ratponalbgltas by muta-sM agr amp,t srx; s rrlttert autfrartzefkxt. Irro±ude bwft are rrnt r er rffV I(rnitad to tl f low;tl 3. Furn4h4ng tt-ta ,teiv1c&3 of u MrAd Rs ntadvu for frequent (io tho deeiried by Cate C" site observations Of OonsVuctlon. The auithorlty, ro�onaibtrtt4Os and duties of such Field Repre€ native wal b* 88 negotl&ted and agreed to In. n writing by the perties. 2. Performing right-U-way determination 8urvoys and/of land surveys,performing construction surveying, astabiiahing boundaries and rnonumwts, furnl8hiN construction layout, and PrO'Ading other spocW field surveys not provided for elswMwe In this AGREEMENT, Fun*hing dewiptiva Instruments rell9ted to the vartous wws5,6. �r FEB 25 '94 08:52 J T DUWIN & ASSOC PAX# 553-5781 P.2 SECTION X TERMINATION Either party to this AGREEMENT may terminate the contract by Olving to the other P"thirty(30) days notice In writing. Upon delivery of ouch notice by the CITY to the LANDSCAPE ARCHITECT, the LANDSCAPE ARCHITECT shaft discontinue all servlaes in connection with the performance of this AGREEMENT and shall proceed to canoes promptly ads existing orders and contracts insofar as ouch orders or contracts are chargeable to this AGREEMENT. As soon as practical after receipt of notice of termination, the LANDSCAPE ARCHITECT shall submit a statement, showing In dotal the services performed under this AGREEMENT up to the data of ter7minatlan. The CITY shall then pay the LANDSCAPE ARCHITECT promptly that proportion of the preecxlbed chergee which the services actually performed under this AGREEMENT bear to the total ser-ices acxuasiy performed under this AGREEMENT lose such payments on accent of the charges as have been previously made. The CETY shall be entitled to any drafts or work product prepared by the LANDSCAPE ARCHITECT prior to termination. SECTION XI SUCCESSORS AND ASSIGNMENTS The CITY and the. LANDSCAPE ARCHITECT each binds himeaff and his successors, executors, administrators, legal representatives,and assigns to the other party of this AGREEMENT and to the successors, executors, administrators, legal representatives and aWgns of such other party, In respect to all covenants of this AGREEMENT. Except as provided above, nefther the CITY nor the LANDSCAPE ARCHITECT shall assign, sublet or transfer It's interest in this AGREEMENT without the written consent of the other party. Notting herein shall be construed as crowing any personal liabifty on the part of any ~, agent, servant or employee of the CITY or LANDSCAPE ARCHITECT, SECTION XII INDEMNETY The LANDSCAPE ARCHTECT agrees to Indemnify and hold hatmiess the City and Its clffimrs, agents and employees of and from damages, Injuries (including death), clalms, property damages (including loss of use),fosses,demands,suits,judgments and gets,including reasonable attorneys. fees and expenses, which directly arlse out of LANDSCAPE ARCHITECT'S breach of any of the tem-s or provisions of this Agreement, or by any other negligent act, error or omission of LANDSCAPE- ARCHITECT, ha agents, servants, employaes, consultants, subconsultants, or any other persons or entities for whose acts life LANDSCAPE ARCHITECT Is legally liable. However, such Indemnity shall be limited to an amount equal to two times the amount of LANDSCAPE ARCHITECT'S fee as described herein. 4 FEB 25 '94 08:53 J T DUNKIN & ASSOC FAX# 553-5781 P.3 SECTION XIII INDEPENDENT CONTRACTOR tt is expressly understood and agreed that the LANDSCAPE ARCHITECT ahWI operate hereunder as an Independent contractor as to WI rights, prMege%buttes and responaR Aides granted herein and not as an agent, represerrtattvs or emplaM of the CITY;then LANDSCAPE ARCHITECT shed have exciusfve control of and the axdWve right to oontral the details of Its opemtlOm and acthftes pursuant to this AGREEMENT and shall be solely responelble for the acts and omissions of its officers, ageatts, ser nts, employees, oonsuharYts and suboonsuftants; that the docirk w of respondeat superior shall not apply as between the CITY and the LANDSCAPE ARCHITECT; that nothtng herein shell be c omtrued as creating a partnership or Joint enterprise between the CITY and the LANDSCAPE ARCHITECT. SECTION XIV NOTICES, Any notice required pursuant to this AGREEMENT shall be effective If addressed to the party reCelvfng same at the Wowing address: A to LANDSCAPE ARCHITECT: J. T. Dunkin & AssocUtes, Inc, 9876 Piano Road Dallas, Texas 76M Atter%tkm: J. T. Dunkin If to CITY: City of Southlake 667 North Carroll Avenue SoutHake, Texas 76092 Attention: tatty Manager SECTION XV SEVERABILITY in cue any one or mare of the provWone contained In this AGREEMENT shelf for airy reason be hold Invalid, illegal or unenforceable In any respect,such Invalidity,iuegalfty or a r*nforcaability shall not affect any of the other provisions hereof and this AGREEMENT shall be construed ae if such invalid, Illegal or unenforceable provision had never been contained herein. 5 ITTi 1=4 14= 14 J r TilJI41,:TN 2. FA;:l I R SECTION XVI TEXAS LAW; VENUE Thi® AGREEMENT stball to conatuad under and In accordance v"Ih tt�e Iawa of tha: " :o of Taxas, and ah obllgatkxna of the pGrtlas harevuiar are pedomvtble In Tarrant Caundy, Tee. Vento for any cauaa of actlon bmWht pmuant to tha terms of tails AGREEMENT shell be In Tarrant CcrxTty, Texas_ SECTION Mi ENTIRE AGREEMENT ThIs agreement corTstftutes the ontire AGREEMENT between the CITY and the LAND3CAPE ARCHITECT and supemades all prior mitten ar oral undststandings- This AGREEMENT may oHly be amnndod supplemented, or rnodtfled by a duly axeciAed written Instmment. EXECUTED IN 3 courTterpats (each of winch is an original) on behalf of LANDSCAPE ARCHITECT by Its dtAy atrthortzed rWBa8rntative shown below, and on b4lafl"of ft CITY t)y Its duly authorized City Manager thle Clay of CITY 4F SOUTHI AKE J. T. DUNKN AND A554CATES, INC. CITY LANDSCAPE A.RCHITEC By: R)r- Curtis 4av:., C.tty mayQ far J. T. Dunkin, PrTs�a.tdeni ATTEST: ATTEST City Secretary Notary Public Ht and for the Stata of Tema B FEB 24 '94 14: 14 J T D1311':IN P„ ASSOC t A:;# 553-5731 p.,a EXHIBIT "A" SCOPE OF SERVICES BICENTENNIAL PARK SOUTHLAKE, TEXAS The proNessi+onal services for Blcentennlal Park will be performed by the LANDSCAPE ARCHITECT as the primary consultant for the Prof ed with other pnofeaakx i firma as required to be employed by the LANDSCAPE ARCHITECT_ The LANDSCAPE ARCHITECT shall erriploy the folio-Mng firma for Slcer nlal Parts Ron Hobbs, Architect Pendleton Design Engineers (electrical) Martin Ledford (stnictural) Chealtm Engineers (64) BASIC DESIGN SEWCES The services In this:phm$m arc,divided Into four tasks: (1)design"developrnerrt; (2) conarLiction documents and specific atfons; (3) bidding and contract award;and (4) constri c administration and obsarvadon. Each section sets forth the services to bra performed. The program edernents are: (1) Four lighted basab4l firma wfth Irrigation, sod wid fancing (2) Ptuicing lots and accow; roads (3) Picnic shelters (4) Concewlo n/r"room building (5) Maintwmux*facility (6) Batting/pftching cages (7) Hike and bike trall Task 1 DvsIgn Dovalopmant Pha$e Schematic alternative plans will be prepared by the c onrsuiting team and presented to staff for their roNfow and oommonte. After dw CITY and LANDSCAPE ARCHITECT haw Rprawl i ipm thn 1 l06 -as FEB 24 '94 14: 14 J T DUNKIN & ASSOC FAX* 553-5781 P.9 schematic plan, a preliminary corwUWk:)n cost oadmats will be prepared for the peak elemenna. -- Once the CITY and LANDSCAPE ARCHITECT ttave agreed upon the final schematic plan and construcik 41 costs, the LANDSCAPE ARCHITECT WUI proceed to the Condmotion Documerrtation Phase. Taak 2 - Construction Documents and SpWkatlons Constructlon documents and speclfk atlans will be prepared for the park elements outlined In the Design Development Phase. The constlting teem will perform dv fotla g sub-tasks: ■ Grading Pien(s},which will establish grades for ea elements of the project,Including on-site storm drainage; ■ Layout Plan(s) locating by dimensions all structures, playing fields, wanks, roads, panting areas, and planting areas. These elements shall be estab8shed with coordinate control; Irrigation Plan(s) showing the location and size of all heads, pipes, valves. pumm and oontrois; e Electrical Plan(8) showing the location and We of all Ilght sWDdards, controls, wires, etc.; ■ Planning Plan(a) locating and identifying a1i plant matariail and a liar of plants Including quantitlas, sizes, and varieties; . Construction Dstalts providing plans,sections, elevations of the IndWual elements of the plans Including architectural " M.E.P. elemedta; Prepare propoaal forms and appropriate add or deduct alternates; Prepare the project manual. Goat estlmertee will be prepared for each of the program's elements. The coat for these elements wHt be review� with the staff within this section of work. 2 lDh -a3 FEB 24 '94 14: 15 J T DUNKTH & ASSOC F-AX# 553-5701 P.10 Trek 3 • Bidding and Contract Award The LANDSCAPE ARCHITECT wig by responsible for the following Bab-tasks In this phem; ■ Distribute plans and specffications for bidding, Coordinate and attend a pre-bid meeting, ■ Artawe: questions and interpret drawing during the Wding period, . AWat the CrrY In receiving bkts r Prepare any required addendum, Analyze the bids and make a written recomnnendatlon to tha CITY for awarding a contract. Taak 4 - Con ometlon Review The Consultant w€fl perform the following sub-tasks during this task* a Consultation and praMe advl8a to the CITY_ Preparation of elementary and supplemntary sketches required to r8soi'vo field pond ftlam. ■ Approval of submittals and shop drawings submitted by contractors for confor- mance with the design concept. ■ The consulting team shalt make periodic site visits to determine If the Project is proceeding In accordance with the contract documernts. This shall not Involve exheusttve or continuous on-site Inactions to check the quality car quantity of work or materials_ The consulting team shall not be r spansIble or liable for the Contractor's failure to perform the construction work In accordance with the contract documents. ■ Review WI certffk des for payment submitted by the Contractor, and make appropriate reoommerdations for approval of pay requests. Prepare Change Ordera for the CITY's approval and execution. 3 146 -�' FEB 24 '94 14:16 J T DUNKIN & ASSOC FAX# 553-5781 P.11 ■ Coordinate finea afte walk through wfth the CfTY at the owcIU$ion of the constrUC- tlon aril provide a punch Ilst to Contractor to cmipkAe the profect. 4 �06-ems FEB `S '94 F18:53 J T DUNk:Ir I x ASSOC FAX# 5523-5-31 F'.4 EXHIBIT "B" FEE AND PAYMENT SCHEDULE The following outilnes the payment achedula for the Bicentennial Park Projoct: Percent of Fee due Dollar Amount of Ee- ��lG D:�la SaYYlC� Assign Development 40% $ 40,532 Consmcfion [documents and Spi%ctfkmtkgis 45% 54.W0 B1 ding and CotAract Award 5% 6,0% Cor�Wuction Revlew 1 Qk ALI-aA 100% $ 121,332 Total fee is equate to 7.0% of construction cost ($1,73,315) The LANDSCAPE ARCF9TECf shall Inv*k�e the aTY monthy but sloii not exceed the amounts 0skjnated in t.hls schedule. REIMBURSABLE EXPENSES AND ADDITIONAL SERVICES Addittonal Servkm and Reimbursable Expenses sill be Invoiced monthly as they area expanded by the consuiVng team and accepted by the CITY. CoratAanl te,am's hourly rate for additk"l swiceA: (Principais) LandsoaW Architsct 65.00 Archhect 65.00 Electrical Engineer 65.00 Structural Engineer 68•00 CW Engineer 66.00 Drafting Technicians 35.00 pion #Anti Speclfkatlon Printing, and Other 113e1mburm ble ExP*rwas The Gonst-ttant will Invoice the City at the Incurred coax for all out-f-house printing of plane and SPOG-flcations. In-Rouse printing of check prints for use in preparing the oomtAructlon documents are included In the baMc design aervlces. Requested delivery expwiaes will be InvOiOKI underthls AGREEMENT for courier, regular or express null, or ovemight delivery charges. 5 FEB 24 '94 14:17 J T DUNKIN & ASSOC FAX# 553-5781 P. 13 Information to be provided by the CfiY. 1. Program design elements 2. All known WNW axed eaWnOntS on-stty and adjacent to the eke 3. Boundary surveye 4. Mod plain data relevant to the park site (If relevant) S. Q"echnkcal Services Including soil reports and conaM ction testing 6 /O6-aT 1-1994 12:45PM FROM SOUTHLWE DM TO 4885097 P.02 RP-LDiNG, RARRETT & TAYWI;R L.L.P. AMRNM NO BANK SONS WW1iK 506 773ROCKMOA'3YTN S7RFIT FC?RT Wm 7TXCA8 Ti61o2 ! '[ter- 17) FAX(847)=-f40 WAYM K.O[�M Tf i e v✓,y March i, 1994 ro h3 k 1 AA 0aC J A1}or�e� ll) .\, �1So � ?4lclr eSSzcC 1h VIA FAX - z �r z1 Po e� �<<-}, p Jew Z Te f w��v�t 1 �l?^ ''� ��C e e yv.�✓V1 Mr. Greg I Ast Dirwor of Community Development 3 . C City of Southlake 4. C •�, o b 1"1 a u•, }G P �o 667 N Cutnll Avc ., e A Southlake, TX 76092 S. veY�Ve. -�o TN Aces . RE: T.etter agreement for consultant services for Southlake Corridor Plan Dear Grey "l— I have reviewed the proposed tatter agreement dated February 24, 1994 between J. Nnuis Wilson & Associates and the City of Southlake. "ibis ore, page agreement is sufficient to authori2e the implementation of these services. I wovtd hkrc tO offer rho following comments, however. �Kj= etter agreement and attachments are unclear as to tha time frame In which the ld be performed. Also, there are no prmWom regarding EaJrly tmnination of the agreement in case a dispute arises in the performance of the services. Should this occur, there am no previsions governing the Ci.tyy's right to the cot=kanf$work product or the City's duty to pay the co=lt"t for the unfinished Product. A}s% there are no A in the agreement requiring venue for any lawsuit to be in Tarrant County, Teams in the unlikely event we end up in h ilvation. "The above comments are not essential for this type of agreement. However, I did went to bring them to your attention so that they could be considered prig' to signing the agreement. If you have any questicros regarding this matter, please give me a at. Very truly yours, Wayne K, 01%nn WKO/wrt CC: Mr. Curtis Hawk City of Southlake 667 north Carroll Avenue Southlake, Texas 76M City of Southlake, Texas M E M O R A N D U M February 24 , 1994 TO: Curtis E . Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Professional Services Agreement with J. Dennis Wilson and Associates for the preparation of Corridor Studies for SH 114, FM 1709 and FM 1938 The analysis of existing and future land uses and development along the regional arterials within the City are vital to maintaining the quality of life expected from the citizens of Southlake . A great deal of effort has gone into the preparation of a request for proposals (RFP) and the evaluation of the responses received. It is significant that this evaluation process included representatives from the development community and private owners of large tracts of land as well as representatives from the City Council, Planning Commission, and Economic development staff . This group has been designated as a Corridor Advisory Committee to provide guidance throughout the study. The Corridor Advisory Committee has selected J. Dennis Wilson and Associates as the lead consultant for this study. Mr. Wilson has previous experience as a municipal planning director and very good project experience related to this type of study. His teams qualifications and work experience should prove invaluable through this process . Please see attached resume and team member summary. Attached you will find the letter of agreement and scope of services for this project . Please feel free to contact me should you desire further information pertaining to the qualifications of the selected consultant . The above referenced study was approved in the 1993-94 budget . Please place this on the next Council agenda for their consideration and authorization to approve the letter of agreement and begin the study. GL/gj 40- encl . Letter of Agreement Resume and team member summary /19C-/ J.DENNIS A""ON&ASSOCIA'I ES J. DENNIS VVILSON, Principal EDUCATION Master of City Planning University of Pennsylvania, 1974 Master of Architecture in Urban Design University of Pennsylvania, 1974 Bachelor of Architecture (Honors) University of Texas, 1969 COMMUNITY / PROFESSIONAL ASSOCIATIONS American Institute of Certified Planners (AICP) American Planning Association -Texas Chapter Board of Directors American Planning Association-Chairman, Urban Design Department, State Chapter Royal Architectural Institute of Canada (MRAIC) Urban Design Advisory Committee, City of Dallas- 1990-Present Institute for Urban Design-Chairman for 1986 International Conference Public Arts Master Plan, City of Dallas - Chairman, Site Task Force - 1986-1988 Public Art Committee, City of Dallas - 1987-1992 PROFESSIONAL HISTORY Dennis Wilson is both an architect and a professional city planner. He established J. Dennis Wilson &Associates in 1986 to specialize in urban design, land use planning and growth management services for both municipalities and the private sector. Prior to forming J. Dennis Wilson & Associates, Mr. Wilson worked with Wallace, McHarg, Roberts and Todd in Philadelphia, and the Chandler Kennedy Architectural Group in Calgary, Alberta. While with those firms, he was responsible for major planning and urban design projects in both the U.S. and Canada. This experience is complemented by senior level government positions in the City Planning Departments of Calgary and Toronto, and most recently, as Director of Planning for the City of Dallas. PROJECT EXPERIENCE Mr. Wilson's public sector experience includes the development of major revitalization plans and strategies. While Director of Planning for Dallas, he was responsible for the development of a new non-cumulative zoning ordinance, a transition strategy for the new ordinance,and Dallas' first comprehensive Growth Policy Plan. Three projects for which he was responsible won awards from the American Planning Association -the North Oak Cliff Revitalization Plan,the Development Impact Review Process for Dallas, and the University Park Master Plan. Since forming J. Dennis Wilson &Associates, Mr.Wilson has completed a broad range of planning and urban design projects, including the revitalization of older urban areas such as Downtown Jefferson City,MO,Neighborhood Revitalization Strategies for Richardson,TX,and Southeast Oak Cliff in Dallas. He has also programmed and planned for new development such as the Summerlin New Town by Howard Hughes Properties, and the Westlake,TX,Comprehen- sive Plan. Ire-z , Southlake CORRIDOR PLRN PROPOSRL II. PROJECT TEAM MEMBERS The Project Team is comprised of individuals who have specific experience in the SH 114 area, and in planning, design, transportation and legal issues for suburban communities. Dennis Wilson, AICP, is both an architect and a city planner, with over 24 years of professional planning and urban design experience. Since forming his own firm in 1986, he has developed several comprehensive plans, economic development strategies and zoning ordinances for communities in the Metroplex. He has been retained by communities ranging in population from the Town of Westlake (population 185), to Dallas (population 1,000,000). He has also developed corridor plans involving land use, urban design guidelines, transportation, and buffering of adjacent uses, for other communities including Comprehensive Plan and Ordinances for Westlake, including Thoroughfare Plan and Streetscape Standards (with Rowland Jackson), the Irving Downtown Plan, including Irving Blvd. and Main Street Corridors (with Rowland Jackson), Carrollton Downtown Plan, including Urban Design and Streetscape Standards, the University Park Master Plan, including the Preston Rd. and Hillcrest Corridors (with Rod Kelly and Rowland Jackson), the Downtown Strategy Plan for Jefferson City, MO, including Streetscape Plan for all Downtown Streets, and the Master Plan for Summerlin New Town, adjacent to Las Vegas, NV. While serving as Director of Planning for the City of Dallas, he was responsible for the City's new Zoning Ordinance and Growth Policy Plan, for the development of Neighborhood Adjacency Standards, for Comprehensive Plans for neighborhoods surrounding Love Field, and for Corridor Plans for Jefferson Blvd. and North Central Expressway. Mr. Wilson will serve as the project director, and he will develop the land use plan, building design standards, and implementation strategies. Rowland Jackson, ASI A, is a principal of Newman Jackson Bieberstein, Inc. and a landscape architect and urban designer with 24 years experience. He has had the specific project experience of developing the College Station Streetscape Master Plan, Irving Downtown Urban Design Plan (with Dennis Wilson), Addison Creek Hike/Bike Trail, Trammel Crow Streetscape Study, Waller Creek Master Plan (Austin), Westlake Comprehensive Plan (with Dennis Wilson), Glen Lakes Residential Community Site Design, J. DENNIS WILSON & ASSOCIATES Page 9 Southlake CORRIDOR PLAN PROPOSAL • GTE Place Site Design (Grapevine), • Mary Kay Cosmetics Site Design (Dallas), • Motorola Semiconductor Headquarters (Austin), and • EDS Corporate Headquarters (Plano) Many of his projects have received national and local design awards. Mr. Jackson will provide graphic support and address urban design issues such as portal and landscape architectural requirements relating to the Corridors. Rodney W. Kelly, PE. has experience in all facets of transportation system planning, design and operations. His project experience has included • the SH 114 Alignment, • SH 121 Corridor Study, • Ft. Worth Southwest Freeway Study, • the Fair Park Corridor Study in Dallas, • the Lewisville Transportation Study, • the Bikeway System Plan for Dallas, and • the update of the citywide Dallas Thoroughfare Plan. Mr. Kelly has also directed the study of and helped achieve approval of new roadway alignments in developing areas. In his previous position as the Director of the City of Dallas Transportation Department, he was responsible for developing and maintaining the City Thoroughfare Plan and coordinated the implementation of the plan with the various city, county, and state agencies. Mr. Kelly will review land use scenarios and develop transportation policies relating to the Plan. J. DENNIS WILSON & ASSOCIATES Page 10 .- ors LI P Planning and Urban Design Curtis Hawk 24 February, 1994 City Manager City of Southlake 667 N_ Carroll Ave. Southlake, Texas 76092 RE: Letter of Agreement for Corridor Studies on SH 114, FM 1709 and FM 1938 Dear Mr. Hawk: This letter will serve as the Agreement between J. Dennis Wilson &Associates (Consultant) and the City of Southlake (City) for the performance of professional services toward the development of Corridor Plans for SH 114, and specific areas of FM 1709 and FM 1938 in the City. The Consultant will complete the scope of services outlined in the attached Scope of Services for$20,000. Monthly billing will be based on the percent completion of each phase, as set out below. A moderate arnount of funding for such items as reproduction, binding, photographic work, deliveries and travel have been budgeted, and included in the fees noted below. Any additional assignments would be billed at the firms'custornary hourly rate, and expenses would be billed at cost. Task A Vision, Background and Site Analysis $8,000 Task B Draft Corridor Plans $10,000 Task C Public Approval and Final Report _2,000 TOTAL BUDGET $20,000 Upon your authorization by City Council, please sign and return the enclosed copy. I am looking forward to working with you and other representatives of the City. Yours truly, J. Dennis Wilson, AICP J. DENNIS WILSON &ASSOCIATES Enclosures: Proposal in Duplicate Scope of Services (19 February 1994) AGREED AND ACCEPTED: Curtis Hawk, City Manager Date CITY OF SOUTHLAKE Page 1 of 1 9410 I is rrrrosa t)riv( f.)all j I F x,is i.it18 Plronc�: (21 j 3?t1-i 010 Fax: (214-)3?7-0035 FEB - 24 - 54 THLi 1 1 = 1 8 W i t on Ass oc i OLt Es Southlake Corridor Plan Scope of Services 24 Febfuaty 1994 Scope of Services for SOUTHLAKE CORRIDOR PLAN The Study Includes SH 114, FM 1709 and FM 1938, however, the primary focus will be on the SH 114 Corridor. TASK A. VISION, BACKGROUND AND SITE ANALYSIS The Objective of Task A is to identify issues, develop a vision for the corridors, review background information, meet with City staff, the Advisory Committee and members of the public, and carry out site investigations. The Product of Task A will be an annotated Issues Map identifying issues and opportunities, and a vision statement for the corridors. A.1 Kick-off Workshop with the Corridor Advisory Committee (#1) The Consultant will conduct a Work Session with the Corridor Advisory Committee to— Review the Scope of Service and Time Schedule, • Identify Key Issues and Opportunities which may relate to City Image Land Use Developability Architectural Character Buffering Environment Transportation Utilities • Develop a vision statement for the Corridors. A.2 Community Workshop (#1) The Consultant will conduct a Work Session with property owners to— Review the Scope of Service and Time Schedule, • Identify Key Issues and Opportunities • Develop vision statements for the corridors A.3 Review Background Information and Conduct Analysis The Consultant will review background information and plans for. • Transportation system and plans • Land use • Zoning, Signage, Subdivision, Landscape, Trees and other ordinances • Parks and recreation Page 1 of 4 h�1/0'_/ FEE - 24 — � 4 TH �i i t = 1 9 W i l won Fts oc i aL t Southlake Corridor plan Scope of Services 24 February 1994 • utilities • Environmental features A.4 Site Survey The Consultant Team will conduct a general survey of the corridors to identify outstanding features. The Analysis map will summarize such items as land use, general building setbacks, buffer conditions, significant topographic features, vegetation, views, key building and transportation issues. A.5 Corridor Advisory Committee Workshop (#2) The Consultant will conduct a Workshop with the Committee to • Review Site Survey Analysis • Background research • Finalize Vision Statements • Discuss preliminary concepts for the Corridors A.6 Community Workshop (#2) The Consultant will review the following: • Site Analysis • Background research • Finalized Vision Statements • Preliminary concepts for the Corridors TASK B DRAFT CORRIDOR PLANS The Objective of Task B is to develop Corridor Plan Concepts in response to the Advisory Committee and Community comments, background research, and to assemble Draft Corridor Plans that identify a clear direction for the City in all primary areas of concern. The Product of Task B will be specific Draft Corridor Plans, including draft plan text, an overall map identifying individual corridors and land use groups with context information, iflustrations of conceptual entry features, and diagrams of buffering conditions, access standards or other similar policies as appropriate. B.1 Corridor Plan Concepts The Consultant will develop Concepts for typical solutions to key issues and in response to community comments on key topic areas, which may include: Band Use Architectural Guidelines Site Design Standards Page 2 of 4 /kl-,7- F EB — 24 — + 4 THU 1 1 = 20 W i I — or-. Ate = ce L i -c— - P _ AS Southlake Corridor Plan Scope of Services 74 February 1994 Circulation ehicular, Pedestrian Bicycle) cycle) Landscape Standards Traffic Control Implementation Strategies City Entry Definition B.2 Corridor Advisory Committee Workshop (#3) The Consultant will conduct a Workshop on the Corridor Plan Concepts, 13.3 Community Workshop (93) The Consultant will conduct a Community Workshop on the Corridor Plan Concepts, and receive comments, B.4 Planning & Zoning Commission/City Council Joint Work Session This work session would serve to gain valuable input from P8Z and Council, and it would familiarize Council with the Plan. B.5 Finalize Concepts, and Draft Comprehensive Plan Once there is a general consensus on the Corridor Plan Concepts, the Consultant will assemble them with the Background Analysis, into a Draft Plan that would include such items as: • Goals and Objectives Background • Plan Elements • Proposed revisions to Ordinances • Implementation Strategies and Resources. TASK C. PUBLIC APPROVAL OF CORRIDOR PLANS C.1 Planning & Zoning Commission Public Hearing C.2 City Council Public Hearing C.3 Finalize Report and Publish The Consultant will provide the City with 10 bound copies of the final report and 1 unbound copy suitable for reproduction. Computer file disks of the report and any computerized graphics will also be provided to the City. Page 3 of 4 /D?-'F Southlake Corridor Plan Scope of Services 24 February 1994 ASSUMPTIONS The proposed Scope of Services, budget and schedule are based on the following assumptions: a. Timely assistance by staff in providing support information, coordinating meetings, and distributing information to committees and organizations. b. The City Engineer will review a preferred Land Use and density scenario (provided by the Consultant) for issues relating to the City's Utility Plan. C. The City will provide aerials and maps of the City showing buildings and additional information they have collected at the appropriate scale. d. City staff will organize all meetings with the Advisory Committee, the public and the City's Planning Commission and City Council. e. The full Consultant Team will be available for all Advisory Committee meetings, and The Consultant Team Leader will attend and conduct all other meetings. f. Reports (except the final report) will be supplied to City staff for duplication and distribution, as required for the Committee, the public, the Commission and Council. Ten bound copies and one unbound copy of the final report will be produced by the consultant and delivered to the City. Page 4 of 4 City of Southlake, Texas M E M O R A N D U M February 23 , 1994 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director Karen P. Gandy, Zoning Administrator SUBJECT: Potential Rezoning of Properties One of the by-products of the recently completed 1993 Land Use Plan (L.U. P. ) update was an analysis of properties which are properly zoned for the existing use or have no established use, but are not in agreement with the approved L.U. P. , or of properties which have existing uses that are not in conformance with the zoning and/or L.U. P. During these discussions, the properties were shown on the mapping as triangles and squares . This study identified properties which potentially should be rezoned to more appropriately comply with the Land Use Plan. Attached is a list of these tracts for the Council ' s review and consideration. Staff seeks the Council' s authorization to proceed and direction in prioritizing these potential rezonings . With the priorities established, Staff can proceed with the necessary advertisement and notification of affected and surrounding property owners for as many rezonings as the agenda caseload will allow. Should you have questions regarding any of the listed tracts, please call either me or Karen Gandy, at extensions 750 and 743 , respectively. GL/gj e cc Planning and Zoning Commission � c:\wpf\projects\lup\rezoning.mem Page is too large to OCR. Page is too large to OCR.