1998-01-06 REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE, SOUTHLAKE
JANUARY 6, 1998
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tern W. Ralph Evans;
Deputy Mayor Pro Tem David Harris. Members: Scott Martin, Gary Fawks, Pamela Muller, and
Wayne Moffat.
STAFF PRESENT: Curtis Hawk, City Manager; Shana Yelverton, Assistant City Manager;
Darcey Imm, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Bob
Whitehead, Director of Public Works; Greg Last, Director of Community Developmem; Lauren
Safranek, Director of Human Resources; Klm Lenoir, Director of Parks and Recreation; Billy
Campbell, Director of Public Safety; Karen Gandy, Zoning Administrator; Kevin Hugman,
Manager of Community Services; Shawn Poe, Capital Projects Coordinator; Ron Harper, City
Engineer; Chuck Ewings, Assistant to the Public Works Director; Sean Leonard, Municipal Court
Administrator; Debra Drayovitch, City Attorney; and, Sandra L. LeGrand, City Secretary.
WORK SESSION: The work session began at 5:20 p.m., whereby items on the agenda were
discussed by the City Council and staff.
Agenda item #1. Call To Order
Mayor Rick Stacy called the Regular City Council meeting to order at 6:00 p.m.
INVOCATION: Mayor Pro Tem W. Ralph Evans.
Agenda Item #2, Executive Session
Mayor Rick Stacy advised the audience that the City Council will be going into executive session
pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections
551.071, 551.072, 551.074, 551.076, to seek the advice of the City Attorney with respect to
pending or contemplated litigations, to discuss the purchase, exchange, lease or sale of real
property and to consider the appointment, evaluation, reassignment, duties, discipline, or
dismissal of public officers, or employees, and to discuss the deployment of specific occasions for
implementation of security personnel or devices.
Council adjourned into executive session at 6:07 p.m.
Council returned to open session at 7:15 p.m.
Agenda Item/f2-B. Action Necessary/Executive Session
Motion was made to approve the Contract of Sale of the piece of property discussed in executive
session, with the understanding that the City staff will revise sub-paragraph #4, of the letter of
December 19, 1997, to reflect the conversation that occurred in executive session.
Motion: Harris
Second: Fawks
Ayes: Harris, Fawks, Muller, Moffat, Martin, Evans, Stacy
Nays: None
Approved: 7-0 vote
Mayor Stacy added, "The land purchase that was just approved is
an easemem to put in a sewer line for a new pump station. The
property is located off of Shady Lane."
Agenda Item #3, Approval of the Minutes of the December 16. 1997 Council Meeting
Motion was made to approve the Minutes of the Regular City Council meeting held on December
16, 1997 as amended by the City Secretary.
Motion: Harris
Second: Evans
Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #4-A. Mayor's Report
Mayor Rick Stacy wished everyone a Happy New Year for 1998, and noted the following items:
January 7, 1998, the Crime Control and Prevemion Board meeting will be held at 7:00
p.m. in the DPS Training Room at City Hall.
January 14, 1998, the Mayor's Ethics Ordinance Review Committee will meet at 12 noon
in the Administration Building. The Mayor added that the committee has been expanded
to include all churches of the City of Southlake.
January 15, 1998, MetroPort Cities will meet at 3 Village Center in Solana at 7:30 a.m.
January 15, 1998, a Joint Work Session will be held with the City Council and the
Planning and Zoning Commission for the purpose of discussing the 1998 Land Use Plan
Update. The executive session will begin at 5:30 p.m. and the work session will start at
7:00 p.m. The meet'm# will be held in the City Council Chambers at City Hall.
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 2 OF 17
January 16, 1998, "The Stars of Southlake" annual Chamber Banquet will be held at
Solana. If Councilmembers are interested in attending, let the City Secretary know. The
"Southlake Youth of the Year" and "Senior of the Year" awards will be given at that time,
as well as other Chamber awards.
Councilmember Pamela Muller surprised Mayor Stacy with a "Cake"
celebration of his 50th Birthday.
Agenda Item #4-B, City Manager's Report
No report was given at this tune by the City Manager.
Agenda Item #4-C, SPIN Report
in
Cara White, SPIN #1 Representative, gave the SPIN report tonight, noting that Angela George
will replace her as SPIN Representative for SPIN #1.
Councilmembers thanked Ms. White for serving in this capacity since the
beginning of the SPIN program.
A~enda Item #5. Consent A~enda
Mayor Stacy read the consent agenda items into the record, including:
5-A. Resolution No. 98-3, Abandonment of a drainage easement located on Burney Lane.
5-B. Removed from agenda.
5-C. Resolution No. 98-4, Authorizing the Mayor to execute a deed releasing any public
ownership, interest, and control of Mud Hen Road and a portion of Gooseneck Drive in
the City of Southlake.
5-D. Request to extend the validity of Case ZA 97-10, Final Plat-Southlake Woods, Phase 2,
46.0730 acres in the T.S. Thompson Survey, Abstract No. 1502.
5-E. Request for a variance to the Subdivision Ordinance No. 483-G, Section 4.01 (1) 2 (Plat
Expiration) extending the validity of Case No. ZA 96-153, Final Plat, Southlake Woods,
Phase I, 11.737 acres in the T.S. Thompson Survey, Abstract No. 1502.
5-F. Resolution No. 98-5, Designating a representative to the NCTCOG Regional
Transportation Council.
5-G. ZA 97-165, Plat Revision for proposed Lot 3R-1 and 3R-2, John Childress No. 254
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 3 OF 17
Addition, being a revision of Lot 3, John Childress, No. 254 Addition.
5-H. ZA 97-197, Plat Revision for proposed Lots 3R through 5R, and Lots 8R through 14R,
Block 1, Stonebury.
Authorize the City Manager to enter into a professional services agreement with Alpha
Testing, Inc. for construction materials testing services and fees for the slurry grouting of
pipe bedding at Timarron Bent Creek Subdivision.
Authorize the Mayor to enter into a participation agreement with Tarrant County
pertaining to their participation in the Southlake Reinvestment Zone One.
5-K. Authorize the Mayor to enter into a participation agreement with Tarrant County Ho spital
District pertaining to their participation in the Southlake Reinvestment Zone One.
5-L. Authorize the Mayor to enter into a participation agreemem with Tarrant County Junior
College District pertaining to their participation in the Southlake Reinveslment Zone One.
8-D. Ordinance No. 480-269, 1st reading (ZA 97-164), City Initiated Rezoning for Lot 1, Block
B, MTP-IBM Addition No. 1.
8-E. Ordinance No. 480-265, 1st reading (ZA 97-155), Rezoning for Cornerstone Business
Park, Phase II.
8-F. ZA 97-156, Preliminary Plat for Cornerstone Business Park, Phase II.
8-H. Ordinance No. 480-268, 1st reading (ZA 97-160), Rezoning on property described as Lot
3, Block A, White Chapel Place Addition.
ZA 97-161, Plat Revision for the proposed Lots 3R1, and 3R2, Block A, White Chapel
Place Addition.
Ordinance No. 480-261, 1st reading (ZA 97-130), Rezoning and Concept Plan for
Southlake Garden Offices.
9-A. Resolution No. 98-1, Appointment to the Southlake Park Development Corporation
(SPDC).
9-B. Resolution No. 98-2, Appointment to the Parks and Recreation Board to fill an unexpired
term.
Motion was made to approve the consent agenda, including: #5-A, table #5B until January 20,
1998; approve items #5C, #5-D, #5-E, #5-F, #5-G, #5-H, #5-1, #5-J, #5-K, #5-L; additionally,
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 4 OF 17
approve item #8-D with an understanding that staff will work out the parking issue with the
applicant, prior to the second reading; item #8-E, approved; item #8-F, subject to the Plat Review
Summary ge2, dated January 2, 1998; item #8-H approved; item #8-1 approved subject to the Plat
Review Summary No. 1 dated December 12, 1997; tabling item #8-J at the request of the
applicant, to the January 20, 1998 City Council meeting; item #9-A, appointing Robin Jones to
the SPDC; and item #9-B, appointing Cara White to the Parks and Recreation Board.
Motion: Harris
Second: Fawks
Mayor Rick Stacy read the following captions into the record:
Ordinance No. 480-269 (ZA 97-164)
Ordinance No. 480-265 (ZA 97-155)
Ordinance No. 480-268 (ZA 97-160)
Ordinance No. 480-261 (ZA 97-130) (tabled until January 20, 1998)
Ayes: Harris, Fawks, Muller, Moffat, Martin, Evans, Stacy
Nays: None
Approved: 7-0 vote
ADDITIONAL INFORMATION ON CONSENT ITEMS
Resolution No. 98-3, Abandonment of a drainage easement located on Burney Lane. The
owners of the property, Michael and Marilyn Gokey, have dedicated an easement to be
abandoned. The new easement will fulfill the hydraulic needs of the easement to be
abandoned.
5-B. Removed from agenda.
Resolution No. 98-4, Authorizing the Mayor to execute a deed releasing any public
ownership, interest and control of Mud Hen Road and a portion of Gooseneck Drive in
the City. The City's efforts to complete the exchange of property with Marilyn Tucker
in Bob Jones Park were delayed because the title company insisted on formal action by the
City Council regarding the portions of the roads involved in the trade. This agreement
will satisfy the needs of the title company in this regard.
Request to extend the validity of Case ZA 97-10, Final Plat of Southlake Woods, Phase
2, 46.0730 acres in the T.S. Thompson Survey, Abstract No. 1502. On February 20,
1997, the Planning and Zoning Commission approved this case in final plat. This plat has
not yet been fried in the County Plat Records and will expire on February 20, 1998. The
developer Toll Brothers, Inc., is requesting a one year extension of the validity of the final
plat. The reason for the delay in filing this plat is due to a re-sequencing in the
construction phase of the Sonthlake Woods development. The Subdivision Ordinance No.
483-G, Section 4.01(I)3 permits the City Council to extend the expiration date of a plat
which has not yet expired, up to one year.
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 5 OF 17
Request for variance to the Subdivision Ordinance No. 483-G, Section 4.01(1)2 (Plat
Expiration) extending the validity of Case ZA 96-153, Final Plat of Southlake Woods,
Phase I, 11.737 acres of land in the T.S. Thompson Survey, Abstract No. 1502. On
December 5, 1996, the Planning and Zoning Commission approved Case ZA 96-153,
Final Plat for Southlake Woods, Phase I. This plat has not yet been filed in the County
Plat Records and expired on December 5, 1997. The developer, Toll Brothers, Inc., is
requesting a one year extension of the validity of the final plat from the date of City
Council action upon this request. The reason for the delay in filing this plat is due to a
re-sequencing in the construction phase of the Southlake Woods Development.
Resolution No. 98-5, Designating a representative to the Regional Transportation Council
(RTC) for the North Central Texas Council of Governments. The NCTCOG is the
Metropolitan Planning Organization (MPO) designed by the Governor of Texas for the
Dallas-Fort Worth region. The RTC has proposed modifications to their Bylaws related
to the membership structure to include the City of Southlake in the cluster group consisting
of the cities of Bedford, Euless, Hurst, Colleyville, Grapevine, Southlake and Trophy
Club. Resolution No. 98-5 names Henry Wilson to continue to serve as the representative
for the proposed cluster group, as Southlake's designation.
ZA 97-165, Plat Revision for Lots 3R1 and 3R2, John Childress No. 254 Addition, being
a revision of Lot 3, John Childress No. 254 Addition, according to the plat recorded in
Cabinet A, Slide 2779, Plat Records, Tarrant County, and being 4.815 acres.
Owner/Applicant: Tracy L. Miller.
ZA 97-167, Plat Revision of Lots 3R through 5R and Lots 8R through 14R, Block 1,
Stonebury, an addition to the City of Southlake, Tarrant County, Texas, being a Revision
of Lots 3 through 5 and Lots 8 through 12, and Lot 14, Block 1, of Stonebury as recorded
in Cabinet A, Slide 2917, P.R.T.C.T. and Lot 13R, Block 1, of the Revised Plat of
Stonebury as recorded in Cabinet A, Slide 3902, P.R.T.C.T. situated in the W.R. Eaves
Survey, Abstract No. 500 andbeing 5.404 acres ofland. Owner/Applicant: Toll Brothers,
Inc.
5-1.
Authorize the City Manager to enter into a professional services agreement with Alpha
Testing, Inc. For construction materials testing services and fees for the slurry grouting
of pipe bedding in Timarron Bent Creek Subdivision. The amount of the proposal does not
exceed $15,000 and therefore, does not require Council approval. However, due to the
unique nature of this project, it is possible that the final amount may exceed $15,000.
Staff recommends that Council authorize the City Manager to enter into a professional
services agreement with Alpha Test'rog, Inc. for construction materials tesfmg services and
fees in the amount of $14,784.
5-J. Authorize the Mayor to enter into participation agreement with Tarrant County to detail
the County's participation in the Southlake Reinvestment Zone One. The County will
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 6 OF 17
contribute 100 percent of their tax rate towards the $28.5 million of projects in phase one,
two, and three of the project plan.
Authorize the Mayor to enter into participation agreement with Tarrant County to detail
Tarrant County Hospital District's participation in the Reinvestment Zone. The Hospital
District will contribute 100 percent of their tax rate towards the $28.5 million of projects
in phases one, two, and three of the project plan.
Authorize the Mayor to enter into participation agreement with Tarrant County Junior
College (TCJC) to detail TCJC's participation in the Southlake Reinvestment Zone One.
TCJC will contribute 100 percent of their tax rate towards the $28.5 million of projects
in phases one, two, and three of the project plan.
Ordinance No. 480-269, 1st reading (ZA 97-164), Rezoning Lot 1, Block B, MTP-IBM
Addition No. 1. This is a zoning change on property described as approximately 20.207
acres, legally described as Lot 1, Block B, MTP-IBM Addition No. 1, situated in the U.P.
Martin Survey, Abstract No. 1015, Tarrant County, Texas, and the W. Medlin Survey,
Abstract No. 1588, Denton County, Texas. Current zoning is "CS, C-3, PUD" Planned
Unit Development with "C-3" General Commercial District and "CS" Community Service
District uses. Amended Request: "NR-PUD" Non-Residential Planned Unit Development
with "C-Y' General Commercial District, "CS" Community Service District; and "0-2"
Office District ("HC' Hotel District uses are being deleted from this rezoning because the
hotel use was not part of the original request). Owner: MTP-IBM Phases II & III Joint
Venture. Applicant: City of Southlake.
Ordinance No. 480-265, 1st reading (ZA 97-155), Rezoning, Cornerstone Business Park,
Phase II, on property out of the C.B. McDonald Survey, Abstract No. 1013, Tracts 1 and
3, and being approximately 67.64 acres. Current zoning is "AG" Agricultural District
with a requested zoning of "I-l" Light Industrial District. Owner: John R. McDearman.
Applicant: Southlake Cornerstone Business Park, L.P.
ZA 97-156, Preliminary Plat for Cornerstone Business Park, Phase II, being
approximately 67.64 acres out of the C.B. McDonald Survey, Abstract No. 1013, Tracts
1 and 3. Current zoning is "AG" Agricultural District. Owner: John R. McDearman.
Applicant: Southlake Cornerstone Business Park, L. P.
Ordinance No. 480-268, 1st reading (ZA 97-160), Rezoning on property described as Lot
3, Block A, White Chapel Place Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Volume 388-150, Page 37, Plat Records,
Tarrant County, Texas. Current zoning is "RE" Residential Estate District, with a
requested zoning of "SF-1A" Single Family Residential District. Owners: Keith or
Constance Cedras. Applicants: Gary or Debbie Dunn.
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 7 OF 17
ZA 97-161, Plat Revision for the proposed Lots 3R1 and 3R2, Block A, White Chapel
Place Addition, being a revision of Lot 3, Block A, White Chapel Place Addition.
Current zoning is "RE" Residential Estate District. Owners: Keith or Constance Cedras.
Applicants: Gary or Debbie Duma.
Ordinance No. 480-261, 1st reading (ZA 97-130), Rezoning and Concept Plan for
Southlake Garden Offices. This item was tabled at the request of the applicant, time
certain, January 20, 1998.
Resolution No. 98-1, Naming Robin Jones to the Southlake Park Development
Corporation (SPDC) as the Park Board member for a term to expire in May, 1999. This
position will replace Ronnie Kendall who resigned.
9-B. Resolution No. 98-2, Naming Cara White to the Parks and Recreation Board, for a term
to expire in May, 1999, replacing Ronnie Kendall.
Agenda Item #7-A. ZA 9%163. Revised Site Plan for Lot 1. Block B. MTB-IBM
ZA 97-163, Revised Site Plan for Lot 1, Block B, MTP-IBM Addition No. 1 (for additional
parking spaces), on property described as approximately 20.207 acres legally described as Lot 1,
Block B, MTP-IBM Addition No. 1 situated in the U.P. Martin Survey, Abstract No. 1015,
Tarrant County and the W. Medlin Survey, Abstract No. 1588, Denton County, Texas, and as
recorded in Volume 388-211, Pages 68 and 69, Tarrant County, Texas, Plat Records, and Cabinet
G, Page 208, Denton County, Texas, Plat Records. Current zoning is "C-3, CS, PUD" Planned
Unit Development with "C-3" General Commercial District and "CS" Community Service District
uses. Owner: MTP-IBM Phases II & Ill Joint Venture. Applicant: Maguire Thomas Partners on
behalf of American/Sabre Group.
Karen Gandy, Zoning Administrator, stated six (6) notices were sent to property owners within
the 200' notification area and no written responses have been received. Ms. Gandy added, that
on the site there is a parking garage and that they are adding thirty-four (34) parking spaces, with
an access on T.W. King Road, adding, this is the purpose of the revised plan. She commented,
"They are making every effort to park on-site and start eliminating the on-street parking that has
been noticed over time."
Richard Kuhlman, 9 Village Circle, Ste. 500, Southlake, representing MTP-IBM Addition No.
1, was present and stated this request is for the American Sabre Group, and that they have grown
in employment base and created the need for additional parking spaces. He noted he has no
issues with the Staff Review Summary No. 2, dated January 2, 1998.
Councilmember Martin asked Mr. Kuhlman if they anticipate building a new
building for the Sabre Group since they are growing so rapidly.
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 8 OF 17
A discussion was held regarding the size of the parking spaces. Mr. Kuhlman stated the Sabre
Group has a standard they like to maintain within any facility that they use and that it is the nine
foot space. The issue with the zoning is related to a potential use down the road.
PUBLIC HEARING: No comments were received during the public hearing.
Motion was made to approve ZA 97-163, Revised Site Plan for Lot 1, Block B, subject to the Site
Plan Review Summary No. 2, dated January 2, 1998.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item g7-B, Ordinance No. 480-264~ 2nd readine. Georgetown Park
Ordinance No. 480-264, 2nd reading (ZA 97-150), Rezoning and Revised Site Plan for
Georgetown Park, on property out of the Thomas Easter Survey, Abstract No. 474, Tract 2 A3A,
being approximately 1.22 acres and a Revised Site Plan for Georgetown Park, being
approximately 6.63 acres out of the Thomas Easter Survey, Abstract No. 474, Tracts 2A3A, and
Lot 1, Block 1, Georgetown Park, an addition to the City of Southlake, Tarrant County, according
to the plat recorded in Cabinet A, Slide No. 3434, Plat Records, Tarrant County. Current zoning
is "CS" Community Service District with a requested zoning of "C-2" Local Retail Commercial
District. Owner: Georgetown Monticello Partners, L.P. Applicant: Realty Capital Corporation.
Karen Gandy, Zoning Administrator, commented that fifteen (15) notices were sent to property
owners within the 200' notification area and three (3) written responses have been received, from:
G.M. Nettleton, 2611 E. Southlake Boulevard, Southlake, in favor; Liberty Bank (Gary Price),
2438 E. Southlake Boulevard, Southlake, in favor; and, Roy E. Lee, 2620 East Southlake
Boulevard, Southlake, in favor. The first reading of the ordinance was approved on December
16, 1997, subject to the Site Plan Review Summary No. 2, dated December 12, 1997, deleting
item #la (bufferyards are required along all perimeter lot lines) and item #6 (articulation) and
requiring adequate loading space per Zoning Administrator or the Zoning Board of Adjustment
(not at location shown or in that configuration).
Tom Waters, applicant, representing Realty Capital Corporation, 920 South Main Street,
Grapevine, was present for the meeting. He noted they will make changes to items #2, #3, and
#4, and they are still asking for the varinace to items #1 and #5, the bufferyard and articulation
as shown.
PUBLIC HEARING: No comments were received during the public hearing.
Motion was made to approve Ordinance No. 480-242, 2nd reading, subject to the Site Plan
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 9 OF 17
Review Summary No. 3, dated January 2, 1998; deleting comment #I, comment #5, allowing the
articulation as shown; and further providing that the applicant will work with the Zoning
Administrator or the Zoning Board of Adjustments to configure an adequate loading zone.
Motion: Harris
Second: Evans
Mayor Rick Stacy read the caption of Ordinance No. 480-264.
Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #8-A. Ordinance No. 480-267. 1st readine (ZA 97-159~.
Ordinance No. 480-267, 1st reading (ZA 97-159), Rezoning and Revised Concept Plan for
Georgetown Park, Phase IV, on property out of the Thomas Easter Survey, Abstract No. 474,
Tract 2A2, being approximately 2.52 acres and a Revised Concept Plan for Georgetown Park,
being approximately 5.17 acres out of the Thomas Easter Survey, Abstract No. 474, Tracts 2A2,
2A3C, and a portion of Tract 2A3A. Current zoning is "AG" Agricultural District, with a
requested zoning of "C-2" Local Retail Commercial District. Owner; Gordon Nettleton.
Applicant: Realty Captial Corporation.
Karen Gandy, Zoning Administrator, commented that eleven (11) notices were sent to property
owners within the 200' notification area and two (2) written responses have been received from:
Emily Shanldin, 2637 E. Southlake Boulevard, Southlake, in favor; and, Liberty Bank (Gary
Price) 2438 East Southlake Boulevard, Southlake, in favor.
Greg Last, Director of Community Development states, "the exact location of the
right-of-way has not been determined at this time." He noted staff did a drive
through to determine the location. He said, "Given the land uses on both sides of
the road, in all likelihood, the proper location will be on the east side of the
Nettleton property. Where they have it shown, works, but does not accommodate
the tracts to the north of F.M. 1709 or the property to the south, as well as a
location further east would. The drainage on the south side of F.M. 1709 does not
begin to be a problem until it is east of the eastern line of this tract of land. It is
600-800' east of the southeast corner of this property." Last feels the proper
location would be on the east line of the entire property, rather than in th e middle
of the property. Mr. Last commented, "The goal tonight is to get the zoning
approved, knowing the concept plan will change."
Tom Waters, Realty Capital Corporation, 920 South Main Street, Grapevine, Texas. Mr. Waters
stated in regard to what Greg Last stated, they are willing to work with staff and the City Council
to get the best location that will work for Georgetown Park, as well as the property to the east,
and the property across the street. They do not have a problem with moving it to the east; they
are going to try to work with Mr. Shanldin. They will be willing to bring a plan to Council
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 10 OF 17
before the next meeting.
For the record, the goal tonight is to get the zoning approved, according to Mr.
Waters.
Motion was made to approve the rezoning for Ordinance No. 480-267, 1st reading, subject to the
Concept Plan Review Summary No. 2, dated January 2, 1998; affectively requiring the applicant
to comply with all regulations with the exception of forgiving the bufferyard on the far southern
property adjacent to Phase 3; and, understanding that he will resubmit the concept plan, relocating
the street to the eastern portion of the Nettleton Property.
Motion: Fawks
Second: Martin
Mayor Rick Stacy read the caption of Ordinance No. 480-267.
Ayes: Fawks, Martin, Harris, Evans, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #8-B. ZA 97-151. Revised Preliminary Plat of Georgetown Park
ZA 97-151, Revised Preliminary Plat of Georgetown Park, being approximately 6.63 acres out
of the Thomas Easter Survey, Abstract No. 474, Tracts 2A3A, 2A3C, and Lot 1, Block 1,
Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas, according to the
plat recorded in Cabinet A, Slide No. 3434, Plat Records, Tarrant County, Texas. Current
zoning is "C-2" Local Retail Commercial District, and "CS" Community Service District.
Owner: Georgetown Monticello Partners, Ltd. Applicant: Realty Captial Corporation.
Motion was made to table ZA 97-151, at the request of the applicant, Mr. Tom Waters, time
certain January 20, 1998.
Motion: Harris
Second: Fawks
Ayes: Harris, Fawks, Muller, Moffat, Martin, Evans, Stacy
Nays: None
Approved: 7-0 vote (to table)
Agenda Item #8-C. ZA 97-152. Plat Revision for Georgetown Park
ZA 97-152, Plat Revision for the proposed Lot IR, Block 1, Georgetown Park, being a revision
of Lot 1, Block 1, Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide No. 3434, Plat Records, Tarrant County,
Texas, and a portion of the 1.22 acre tract known as Tract 2A3A out of the Thomas Easter
Survey, Abstract No. 474, resulting in a revised lot containing approximately 3.98 acres. Current
zoning is "C-2" Local Retail Commercial District and "CS" Community Service District. Owner:
Georgetown Monticello Partners, Ltd. Applicant: Realty Capital Corporation.
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 11 OF 17
Karen Gandy, Zoning Administrator, stated fourteen (14) notices were sent to property owners
within the 200' notification area and three (3) written responses have been received from: G.M.
Nettleton, 2611 E. Southlake Boulevard, Southlake; COZ, LLC, 2325 East Southlake Boulevard,
Southlake, in favor; and Liberty Bank, 2438 E. Southlake Boulevard, Southlake, in favor.
Tom Waters, Capital Reality Corporation, 920 South Main Street, Grapevine. Mr. Waters stated
they are in favor of removing the "flag" as they have created, in order to conform with the
ordinances. They can conform with all the comments and will bring forward a new plat without
any flags.
Councilmember Scott Martin recommended we have the documents with the
common access easements, especially the one that pertains to the northern
boundary of Lot 1R3, that show that common access easement back to the east.
Mr. Waters agreed he would do that.
Motion was made to approve ZA 97-152, Plat Revision, pursuant to the Plat Review Summary
No. 2, dated January 2, 1998; deleting item #2 and inserting item #5-D, so that the applicant
shall provide in the plat for all lots to have adequate common assess easements; deleting the flag
lot configuration.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item g8-G. Ordinance No. 480-266 (ZA 97-157~
Ordinance No. 480-266, 1st reading (ZA 97-157), Rezoning and Concept Plan for Hilltop Country
Plaza, on property being legally described as Tract lA, W.E. Mayfield Subdivision, being a
portion of Tract 1, W.E. Mayfield Subdivision, according to the plat recorded in Volume 388-C,
Page 4, Plat Records, Tarrant County, Texas, and being approximately 3.021 acres. Current
zoning is "AG" Agricultural District with a requested zoning of "C-2" Local Retail Commercial
District. Owner and Applicant: Benchmark Properties.
Karen Gandy, Zoning Administrator, commented that twelve (12) notices were sent to property
owners within the 200' notification area and four (4) written responses have been received, from:
G.M. Nettleton, 2611 E. Southlake Boulevard, Southlake, in favor; Emily Shanklin, 2627 E.
Southlake Boulevard, Southlake, in favor; Wetzel Family Partnership Ltd., 102 Westlake Drive,
Suite 106, Austin, in favor; and Donald Vogel, 2206 Shadow Creek Court, Southlake, in favor.
Ms. Gandy stated on December 18, 1997, the Planning and Zoning Commission approved (6-0)
this item subject to the Concept Plan Review Summary No. 1, dated December 12, 1997, allowing
a 5' bufferyard along the west property line (Item #4) but still requiring Type 'B' plantings
elsewhere on the site, with the following additional recommendations: 1) move the center
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 12 OF 17
driveway to the far east property line; 2) create more stacking depth; and, 3) provide a tree survey
at the time of Site Plan submittal.
Ray Williamson, 479 West Highland Street, Southlake. Mr. Williamson stated he does not have
a problem with what staff is doing. He stated they are trying to bring in a first class full service
sit-down restaurant on the property. Mr. Williamson stated they need access onto F.M. 1709.
He stated he is more than willing to work with staff on the road access issue and that they are
interested in saving trees.
A discussion was held with regard to the access onto F.M. 1709. Councilmember Martin stated
if we have off-site driveways onto F.M. 1709 we are asking for problems.
Greg Last, stated he hears Council saying they are uncomfortable with the
placement of the drive at this point without resolving the road issues, so he feels
they will be hesitant to approve this in the configuration as shown. The applicant
stated he would be comfortable with the approval of the zoning, without approval
by the Council regarding driveways, and pending road configuration, noting the
applicant would have to come back with a site plan that would show the driveways.
Mayor Stacy stated if we didn't have this opportunity for a future
road actually connecting Southlake Boulevard and the new access
road of S.H. 114, he would be asking Mr. Williamson if he thought
it was a good idea to stub out to the north. There is property north
of his property line that will also develop commercially. If there is
really a road, it may change the whole configuration of Mr.
Williamson's property.
Councilmember Martin stated he feels Mr. Williamson should table this item and
resubmit once the alignment is better figured out.
Greg Last stated he feels since this is first reading, if Council is comfortable
moving forward to second reading, then if Council is still not comfortable with the
driveway issue, then table the item until the alignment issue is resolved.
Motion was made to approve Ordinance No.480- 266, 1st reading, subject to the Concept Plan
Review Summary No. 1, dated December 12, 1997; allowing a 5' bufferyard on the western
property line but still requiring Type 'B' plantings elsewhere on the site; require the tree survey
at the time of Site Plan.
Motion: Fawks
Second: Martin
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Fawks, Martin, Muller, Evans, Moffat, Harris, Stacy
Nays: None
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 13 OF 17
Approved: 7-0 vote
Agenda Item #10-A. City of Southlake's Participation in the Texas Sister City Program
The City Manager, Curtis Hawk, stated, "those of you who have been involved with our Sister
City programs are probably aware that Sister Cities International (SCI) is a non-for-profit
corporation charged with facilitating and serving the sister city movement in the United States.
There are over 1,100 US cities with sister city affiliations in over 1,800 countries. In Texas
alone, about 50 cities have partners in 100 foreign locales-- 19 are in Mexico, 14 in Japan and 11
in Germany."
Mr. Hawk stated, there is an effort underway to develop a statewide not-for-profit corporation,
a Texas Sister Cities organizarion, to work with the Texas cities who have chosen to affiliate with
municipalities in foreign countries. The statewide organization would work similarly to SCI, with
the governor and other Texas elected officials serving on the Board of Directors. There is a
meeting on January 16 in Austin to discuss it. This item has been placed on the agenda because
the City of Southlake may be able to entice the statewide organization to locate within our city,
officing in Town Hall. The organization will be prestigious and will expose the city to statewide
leaders and cities in a positive way. Mr, Hawk also anticipated that its location in Southlake
would lead to conferences, conventions, or other activities which could be considered as positive
promotion for our city.
Mr. Hawk stated Councilmembers Muller and Martin and he are planning to attend the meeting
in Austin. He asked Council for a vote of commitment to spend "seed" money to help set up and
fund an office for Texas Sister Cities in our Town Hall. It is estimated that approximately
$18,000 to $20,000 would be needed for this purpose. This seed money could come from the
economic development portion of the budget and handled through a budget amendment at mid-
year, and we would be able to bring something to the table for the statewide organizers to
consider.
Motion was made to authorize the City Manager to commit the City of Southlake to an amount
up to $20,000 to help entice the Texas Sister City Program to locate in our community.
Motion: Fawks
Second: Muller
Ayes: Fawks, Muller, Moffat, Martin, Harris, Evans, Stacy
Nays: None
Approved: 7-0 vote
Councilmember Pamela Muller thanked the Mayor for getting on board with the
Sister City Program.
Agenda Item #10-B. Action Necessary Regarding the City of Southlake' Participation in
Southlake Town Square as it relates to the Developer A2reement.
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 14 OF 17
Curtis Hawk, City Manager, stated he has discussed with Council the potential future
modifications when the Town Square Developers Agreement was approved on December 16,
1997. Although the City Attorney has recommended some minor modifications to the text, the
only substantive change would be in Section IV.E., which details the City's Reinvestment Zone
participation. Staff has been analyzing several possible scenarios to address the Council's
concerns, as well as the developers. Mr. Hawk stated, "staff was trying to get to the point
where we could build the Town Hall right away, also, where we could, as quickly as possible,
begin paying our reimbursement obligation for the $4 million dollars in infrastructure agreements
that have been discussed." The TIF was set up so that through the TIF they would be reimburse d
for $4 million dollars for infrastructure agreements. Forty percent of the cost of those facilities
are identified as streets, sidewalks, landscaping, and associated street scape improvements and the
bandshell park. Any expenditures over the $4,000,000 shall be at Developer's sole expense.
Councilmember Muller stated she wanted to get it clear, that the
payback is not touching the 1/2 cent sales tax from SPDC or the
Crime Control District. Mr. Hawk stated, "That is correct, this
payback will be from the general fund. The sales tax dollars will
be taken only from the Town Square to pay back the debt."
Councilmember Scott Martin asked the question, "Funds that the city will be
contributing from the TIF from the business, personal property tax, and sales tax,
from the previous discussions, is that going to be an interest bearing loan from the
City to the TIF, is that the way it is going to be structured? Mr. Hawk replied,
"The TIF will pay us back."
Councilmember Gary Fawks asked a question regarding, page 10, paragraph E,
of the Developer Agreement presented tonight. He said, "It would make him more
comfortable about it if the words, "or through other financing methods" were
taken out. Fawks said, This indicated, indeed that the TIRZ is doing the
reimbursing, and the only way the TIRZ would have access to those funds is
through a loan." Mr. Hawk stated, "The difference in the language is there
because, by statue the TIF only deals with real property dollars. So if there are
start up costs, however those are, it is elibible for reimbursement from the
municipality that started it up." It will be articulated in the TIF agreement.
Jim Sabonis, First Southwest Company, was present for the meeting, answering questions for
Council.
Motion was made to authorize the Mayor to sign the Phase I, Developer Agreement for Town
Square as submitted in the packet.
Motion: Harris
Second: Moffat
Ayes: Harris, Moffat, Martin, Evans, Fawks, Muller, Stacy
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 15 OF 17
Nays: None
Approved: 7-0 vote
Mayor Stacy commented the deadline for CISD to get involved in
the TIF at this time is February 14, 1998.
Agenda Item #11-A. Discussion: Proposed Council Work Sessions
Curtis Hawk, City Manager, stated as frequently mentioned, there are several issues which require
extra time to review and discuss. Staffhas attempted to organize three special work sessions for
the first part of 1998. Currently, a Joint City Council and Planning and Zoning Commission
work session is scheduled for Thursday, January 15, 1998 at 7:00 p.m. to discuss the 1998 Land
Use Plan Update. The City Attorney will be present to brief Council and P&Z on legal issues
pertaining to impervious coverage and other development issues, in an executive session which
will begin at 5:30 p.m. Other work sessions are tentatively scheduled for Tuesday, February 10,
1998 and Tuesday, March 24, 1998. March 24, 1998 is being set aside for the mid-year review.
This agenda item will allow Council to discuss the scheduling of these work sessions and identify
issues to be presented at the work sessions.
Agenda Item #11-B. Discussion: City of Southlake's Participation in the Three-City Library_.
Curtis Hawk, City Manager, stated there has not been significant activity on this issue in the past
two weeks, however, in the December meeting with the cities of Grapevine and Colleyville, it
was recommended that each of the cities pass a letter of intent by January 6, 1998, to participate
in the three-city library. Mr. Hawk stated staff is not yet in a position to pass such a resolution
as they are still getting the numbers together.
Agenda Item 12. Ad_iourmnent
The Regular City Council meeting was adjourned by Mayor Rick Stacy at 9:20 p.m.
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 16 OF 17
REGULAR CITY COUNCIL MEETING MINUTES OF JAN. 6, 1998, PAGE 17 OF 17
SOUTHLAKE TOWN SQUARE
PHASE ONE,
COMMERCIAL DEVELOPERS AGREEMENT
An agreement between the City of Southlake, Texas, (hereinafter referred to as the "City "),
and the undersigned Developer, (hereinafter referred to as the "Developer "), of a
commercial development known as Southlake Town Square - Phase 1, " to the City of
Southlake, Tarrant County, Texas, (hereinafter referred to as the "Subdivision" more
particularly described in Exhibit A attached hereto, for the installation of certain community
facilities and improvements designed to provide city services to the Subdivision and that
are intended to be dedicated as public facilities (hereinafter referred to as the "facilities ").
In consideration of and as an incentive to Developer for the development of the
Subdivision, the City agrees, subject to the conditions contained herein, to assume a
portion of the costs of designing and constructing certain facilities connected with the Tax
Increment Reinvestment Zone #1, which encompasses the Subdivision, such facilities
being described in the Infrastructure List attached hereto as Exhibit B, (hereinafter referred
to as the "TIRZ facilities ") .
I. GENERAL REQUIREMENTS:
A. It is agreed and understood by the parties hereto that the Developer shall
employ a civil engineer licensed to practice in the State of Texas for the
design and preparation of the plans and specifications for the construction
of all facilities covered by this agreement.
B. Developer will present to City either a cash escrow, Letter of Credit,
performance bond or payment bond acceptable to City guaranteeing and
agreeing to pay an amount equal to 100% of the value of the construction
cost of all of the facilities to be constructed by Developer, and providing for
payment to City of such amounts, up to the total remaining amounts required
for the completion of the Subdivision if Developer fails to complete the work
within two (2) years of the signing of this agreement. A Best -rated bonding
company should approve all bonds. All letters of credit must meet the
Requirements for Irrevocable Letter of Credit attached hereto and
incorporated herein.
The value of the performance bond, letter of credit or cash escrow will
reduce at a rate consistent with the amount of work that has been completed
by Developer and accepted by City. Lien releases will accompany each
request for reduction executed by the contractors performing the work. A
performance and payment bond, letter of credit or cash escrow from the
prime contractor(s) or other entity reasonably acceptable to City, hereinafter
referred to as Contractor, will be acceptable in lieu of Developer's obligations
specified above.
C. Developer agrees to furnish to City maintenance bonds, letter of credit or
cash escrow amounting to 20% of the cost of construction of underground
public utilities and 50% for the paving. These maintenance bonds, letters of
credit or cash escrow will be issued prior to the final City acceptance of the
Subdivision and will guarantee for a period of two (2) years that all facilities
covered by this agreement will be free of defects or failures due to materials
or workmanship. The maintenance bonds, letter of credit or cash escrow will
be issued on behalf of the contractors performing the work, and City will be
named as the beneficiary if the contractors fail to perform any required
maintenance.
D. It is further agreed and understood by the parties hereto that upon
acceptance by City, title to the facilities shall be vested in City, and upon
dedication by Developer and acceptance by City, Developer relinquishes any
right, title, or interest in and to said facilities or any part thereof. It is further
understood and agreed that until City accepts the facilities, City shall have
no liability or responsibility in connection with any such facilities. City shall
accept the facilities upon their completion in accordance with the approved
plans and specifications. Acceptance of the facilities shall occur at such time
that City, through its City Manager or his duly appointed representative,
provides Developer with a written acknowledgment that all facilities are
complete, have been inspected and approved and are being accepted by
City.
E Developer agrees to dedicate and transfer title to all property intended for
park use upon approval of the final plat. City will allow Developer to perform
work on this dedicated property in conjunction with the development of the
Subdivision.
F. On all public facilities included in this agreement for which Developer awards
his own construction contract, Developer agrees to the following procedure:
1. Developer agrees to pay the following:
a. Inspection fees equal to three percent (3 %) of the cost of the
water, street, drainage and sanitary sewer facilities, for which
Developer awards his or her own construction contract, to be
paid prior to construction of each phase and based on actual
bid construction cost;
b. Administrative Processing Fee equal to two percent (2 %) of
the cost of water, street, drainage and sanitary sewer facilities,
for which Developer awards his or her own construction
SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 2
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contract, to be paid prior to construction of each phase and
based on actual bid construction cost;
c. Trench testing (95% Standard);
d. The additional charge for inspections during Saturday, Sunday,
holidays, and after normal working hours;
e. Any charges for retesting as a result of failed tests;
f. All gradation tests required to insure proper cement and /or
lime stabilization.
2. City agrees to bear the expense of:
a. All nuclear density tests on the roadway sub grade (95%
Standard);
b. Technician's time for preparing concrete cylinders; and
c. Concrete cylinder tests and concrete coring samples.
City can delay connection of buildings to service lines or water mains
constructed under this agreement until said water mains and service lines
have been completed to the satisfaction of and accepted by City.
G. Developer will be responsible for mowing all grass and weeds and otherwise
reasonably maintaining the aesthetics of all land and lots in the Subdivision
that have not been sold to third parties. After fifteen (15) days written notice,
should Developer fail in this responsibility, the City may contract for this
service and bill Developer for reasonable costs. Such amount shall become
a lien upon all real property of the subdivision so maintained by the City, and
not previously conveyed to other third parties, 120 days after Developer has
notice of costs.
H. Any guarantee of payment instrument (Performance Bond, Letter of Credit,
etc.) submitted by Developer or a Contractor on a form other than the one
which has been previously approved by City as "acceptable" shall be
submitted to the City Attorney for City and this agreement shall not be
considered in effect until the City Attorney has approved the instrument.
Approval by City shall not be unreasonably withheld or delayed.
Any surety company through which a bond is written shall be a surety
company duly authorized to do business in the State of Texas, provided that
SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 3
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City, through the City Manager, shall retain the right to reject any surety
company as a surety for any work under this or any other Developer's
Agreement with City regardless of such company's authorization to do
business in Texas. Approval by City shall not be unreasonably withheld or
delayed.
J. Developer agrees to fully comply with the terms and conditions of all other
applicable development regulations and ordinances of City. The approved
Development Regulations are attached as Exhibit C.
K. Developer agrees that the project will be constructed in conformance with the
Development Plan attached hereto as Exhibit D (hereinafter referred to as
the "Development Plan ") and any construction plans and other permits or
regulatory authorizations approved and /or granted by City during the
development review process.
II. FACILITIES:
Developer will install the facilities in accordance with the approved plans and
specifications. Developer will provide all construction period funding for
construction costs, materials and engineering of the facilities. The following
additional terms will apply:
A. ON SITE WATER:
Developer hereby agrees to install water facilities to service lots as shown
on the final plat of the Subdivision. Water facilities will be installed in
accordance with plans and specifications to be prepared by Developer's
engineer and released by City. Further, Developer agrees to complete this
installation in accordance with Ordinance No. 170 and shall be responsible
for all construction costs, materials and engineering. In the event that certain
water lines are to be oversized because of City requirements, City will
reimburse Developer for the oversize cost greater than the cost of an 8" line.
Additionally, City agrees to provide temporary water service at Developer's
request and expense, for construction, testing and irrigation purposes only,
to individual lots during the construction of buildings, even though sanitary
sewer service may not be available to the buildings.
Developer will construct a 20" water line as part of the project as shown on
the approved construction plans. City will reimburse Developer for the cost
of oversizing this line from 8" to 20 ".
B. DRAINAGE:
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Developer agrees to construct the necessary drainage facilities within the
addition. These facilities shall be in accordance with the plans and
specifications to be prepared by Developer's engineers, released by the City
Engineer, and made part of the final plat as approved by the City Council.
Developer hereby agrees to fully comply with all EPA requirements relating
to the planning, permitting and management of storm water which may be in
force at the time that development proposals are being presented for
approval by City, or that may be modified by the EPA.
C. STREETS:
If applicable, the street construction in the Subdivision shall conform to the
requirements in Ordinance No. 217. Streets will be installed in accordance
with plans and specifications to be prepared by Developer's engineer and
released by the City Engineer.
1. Developer will be responsible for: a) Installation and two year
operation of street lights; b) Installation of all street signs designating
the names of the streets inside the subdivision, said signs to be of a
type, size, color and design standard generally employed by
Developer and approved by City in accordance with the City
ordinances; c) Installation of all regulatory signs recommended by the
Manual on Uniform Traffic Control Devices and as directed by an
engineering study performed by Developer's engineer and reviewed
by the Director of Public Works.
2. All street improvements will be subject to inspection and approval by
City. No work will begin on any street included herein prior to
complying with the requirements contained elsewhere in this
agreement. All water, sanitary sewer, and storm drainage utilities
which are anticipated to be installed within the street or within the
street right -of -way will be completed prior to the commencement of
street construction on the specific section of street in which the utility
improvements have been placed or for which they are programmed.
It is understood by and between Developer and City that this
requirement is aimed at substantial compliance with the majority of
the pre - planned facilities.
It is understood that in every construction project, a decision later may
be made to realign a line or service which may occur after
construction has commenced. Developer has agreed to advise the
City Director of Public Works as quickly as possible when such a need
has been identified and to work cooperatively with City to make such
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utility change in a manner that will be least disruptive to street
construction or stability.
D. ON -SITE SANITARY SEWER FACILITIES:
Developer hereby agrees to install sanitary sewerage collection facilities to
service lots as shown on the final plat of the Subdivision. Sanitary sewer
facilities will be installed in accordance with the plans and specifications to
be prepared by Developer's engineer and released by City. Further,
Developer agrees to complete this installation in compliance with all
applicable City ordinances, regulations and codes and shall be responsible
for all construction costs, materials, engineering, permits and impact fees.
E. EROSION CONTROL:
During construction of the Subdivision and after the streets have been
installed, Developer agrees to keep the streets free from soil build -up.
Developer agrees to use soil control measures such as hay bales, silt
screening, hydro mulch, etc., to prevent soil erosion. It will be Developer's
responsibility to present to the Director of Public Works a soil control
development plan that will be implemented for the Subdivision. When in the
opinion of the Director of Public Works there is sufficient soil build -up on the
streets or other drainage areas and notification has been given to Developer,
Developer will have seventy -two (72) hours to clear the soil from the affected
areas. If Developer does not remove the soil within 72 hours, City may
cause the soil to be removed either by contract or the City forces and place
the soil within the subdivision at the Developer's expense. All fees owed to
City will be collected prior to acceptance of the subdivision.
Developer shall obtain, prior to start of construction, a NPDES permit from
the EPA and shall provide this permit to City. Developer shall be solely
responsible for insuring compliance with all EPA regulations for erosion
control and storm water management.
F. USE OF PUBLIC RIGHT -OF -WAY:
1. It is understood by and between City and Developer that the facilities
covered by this agreement provide unique amenities within public
right -of -way, such as landscaping, irrigation, lighting, etc., for the
enhancement of the addition. Developer agrees to maintain these
amenities until the facilities are dedicated to and accepted by City.
2. City shall permit building projections into public easements and right -
of -way consistent with the Development Plan. Developer shall
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maintain all such projections in a safe and non - injurious manner and
agrees to indemnify and hold harmless City from any and all
damages, loss or liability of any kind whatsoever by reason of injury
to property or third persons occasioned by its use of the public right -
of -way with regard to such projections and Developer shall, at its own
cost and expense, defend and protect the City against all such claims
and demands. Developer (or assignees) shall provide annual
evidence of liability insurance to City. City shall be informed by the
insurance company of any lapse or cancellation of such liability
insurance. (Project shall be as defined in the Development
Regulations, Section 4.0.)
3. City will maintain all streets, sidewalks, utilities, public parks and other
public improvements and amenities from and after the date of
dedication of and acceptance by City of such improvements.
G. DESIGN PARTICIPATION
It is understood that this project will include numerous features and amenities
that will impact the aesthetics and maintenance of this area. Developer and
City will develop a supplemental agreement which will cover the details of
amenity selection and approval.
H. START OF CONSTRUCTION:
Before the construction of the water, sewer, streets or drainage facilities can
begin, the following must take place:
1. Approved payment and performance bonds submitted to City in the
name of City prior to the commencement of any work.
2. At least five (5) sets of construction plans stamped "Released for
Construction" by the City Engineer.
3. All fees required by City to be paid to City.
4. This agreement shall have been executed.
5. Developer, or Contractor shall furnish to City a policy of general
liability insurance.
6. A Pre - Construction Meeting to be held with all Contractors, major
Sub - Contractors, Utilities and appropriate Government Agencies.
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III. GENERAL PROVISIONS:
A. INDEMNIFICATION
DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE
OR LOSS AND /OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION,
REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT
WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR
LOCATION OF THE FACILITIES, WHETHER OR NOT CAUSED, IN
WHOLE OR IN PART, BY THE NEGLIGENCE OF CITY, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES, AND SHALL FURTHER BE
LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT
OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF
DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR
TRESPASSERS.
B. Venue for any action brought hereunder shall be in Fort Worth, Tarrant
County, Texas.
C. Approval by the City Engineer or other City employee of any plans, designs
or specifications submitted by Developer pursuant to this agreement shall not
constitute or be deemed to be a release of the responsibility and liability of
Developer, his engineer, employees, officers or agents for the accuracy and
competency of their design and specifications. Such approval shall not be
deemed to be an assumption of such responsibility and liability by City for
any defect in the design and specifications prepared by the consulting
engineer, his officers, agents, servants or employees, it being the intent of
the parties that approval by the City Engineer signifies City's approval on
only the general design concept of the improvements to be constructed. In
this connection, Developer shall for a period of two (2) years after the
acceptance by City of the completed construction project, indemnify and hold
harmless City, its officers, agents, servants and employees, from any loss,
damage, liability or expense on account of damage to property and injuries,
including death, to any and all persons which may arise out of any defect,
deficiency or negligence of the engineer's designs and specifications
incorporated into any improvements constructed in accordance therewith,
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and Developer shall defend at his own expense any suits or other
proceedings brought against City, its officers, agents, servants or employees,
or any of them, on account thereof, to pay all expenses and satisfy all
judgments which may be incurred by or rendered against them or any of
them in connection herewith.
D. This agreement or any part thereof or any interest herein, shall not be
assigned by Developer without the express written consent of the City
Manager, which shall not be unreasonably withheld or delayed.
E. On all facilities included in this agreement for which Developer awards his
own construction contract, Developer agrees to employ a construction
contractor who is approved by City, which approval shall not be
unreasonably withheld or delayed, said contractor to meet City and statutory
requirements for being insured, licensed and bonded to do work on public
projects and to be qualified in all respects to bid on public projects of a
similar nature.
In addition, Developer, or Contractor shall furnish the payment and
performance bonds in the name of City prior to the commencement of any
work hereunder and shall also furnish to City a policy of general liability
insurance.
F. Work performed under the agreement shall be completed within two (2)
years from the date thereof. In the event the work is not completed within
the two (2) year period, City may, at its election, draw down on the
performance bond, letter of credit or other security provided by Developer
and complete such work at Developer's expense; provided, however, that if
the construction under this agreement shall have started within the two (2)
year period, City may agree to renew the agreement with such renewed
agreement to be in compliance with City policies in effect at that time.
G. Prior to final acceptance of the Subdivision the Developer shall provide to
City three (3) copies of Record Drawings of this project, showing the facilities
as actually constructed. In addition, Developer shall provide electronic files
in a .dxf format showing the sanitary sewer plan and profile, storm drain plan
and profile, street plan and profile, and water line plan.
IV. OTHER ISSUES:
A. OFF -SITE DRAINAGE:
Developer has agreed to design on -site detention facilities so that there is no
increase in storm water runoff from the Subdivision. In the event that
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Developer, with City's review and approval, chooses to modify this design,
then Developer shall contribute to off -site improvements as needed to
increase the off -site capacity to handle the increased runoff.
B. OFF -SITE SEWER AND WATER FEES:
There are no off -site sewer, off -site drainage, or off -site water structures
required for the Subdivision.
C. PARK FEES:
Developer is entitled to 100% credit for park dedication fees applicable to
the Subdivision and also shall be allowed to carry forward 0.9 acres
($36,590) credit to future phases of development.
D. TREE PRESERVATION ORDINANCE:
All construction activities shall meet the requirements of the Tree
Preservation Ordinance No. 585 -A (and any amended versions).
E. CITY'S PARTICIPATION IN TIRZ FACILITIES:
In conjunction with the installation of public facilities for the Subdivision,
including earthwork, utilities, drainage, paving, landscaping , streetscaping
related public amenities, and related engineering, design and other
professional fees and expenses, City agrees to reimburse Developer, either
through the TIRZ or through other financing methods, and subject to the
conditions and limitations set forth below, for the following TIRZ facilities:
1. forty percent (40 %) of the cost of those facilities identified in
Exhibit B as streets, sidewalks, landscaping and associated
streetscape improvements, in an amount not to exceed
$2,900,000.
2. Public Parks - the cost of the design and construction of those
facilities identified in Exhibit B as the "Town Square Park" and
"Bandshell Park," including all landscaping, paving, special
structures and other amenities constructed therein, in an
amount not to exceed $1,130,000.
3. The total expenditure by City for paving and utilities and public
parks shall not exceed $4,000,000. If any excess monies are
available from the paving and utilities (infrastructure), such
excess monies may be applied to the public parks, however,
SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 10
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any expenditures over $4,000,000 shall be at Developer's sole
expense.
4. Developer agrees to pay the up -front cost of design and
construction of the proposed traffic signal at street "B" and
F.M. 1709 depicted as on the Development Plan. City will
reimburse Developer for up to 50% of the final cost of design
and construction of such signal, not to exceed $40,000. This
contribution toward the traffic signal shall be over and above
City's contribution for paving and utilities and public parks.
5. Notwithstanding the foregoing, City's reimbursement obligation
described above is expressly contingent upon:
a. City's participation in the TIRZ;
b. the dedication by Developer and acceptance by
City of such TIRZ facilities;
c. completion by Developer of the initial six (6)
buildings in the subdivision, containing not less
than 250,000 gross square feet of building area,
identified as Phase I on Exhibit D;
d. • - - - - • :. -
- - - .::'. •-': - -:.: ; - - -. the
issuance of certificates of occupancy for eighty
percent (80%) of the retail users , within the
250,000 gross square feet identified above;
e. the availability of incremental real property TIF
tax revenues within the Tax Increment
Reinvestment Zone No. 1, and the combination
of incremental business property city tax
revenues and incremental 1% City General Fund
Sales Tax Revenues generated within the
Southlake Town Square -Phase I covered by this
agreement, sufficient to meet obligation as
described below.
6. The City's reimbursement to Developer for the public
improvements described herein above shall be met from the
available total incremental real property revenues within
Southlake Reinvestment Zone commencing with the tax year
SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 11
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beginning January 1, 2000 (fiscal year ending September 30,
2001), after the annual debt service payment for the town hall
has been made. However, should there be insufficient
incremental increase in assessed value to meet
reimbursement obligation to developer after payment of the
annual debt service for the town hall, a combination of the
excess real property tax revenues within the TIRZ, the
incremental business personal property city tax revenues
generated within the Town Square Phase I subject to this
Agreement, and the incremental one percent (1%) general
sales tax revenues generated within the Town Square Phase
1 subject to this Agreement, will be used for the
reimbursement to the developer for the estimated $4.0 million
in infrastructure improvements.
a. These payments are anticipated to be made until
September 30, 2018 or until the expense of the
$4.0 million in infrastructure improvements and
the associated cost of capital for the developer
are reimbursed.
b. In the event the city wishes to accelerate
repayment of this amount, it shall be based upon
the principal amount outstanding at that time.
The amortization schedule shall be jointly agreed
upon by the city and developer and approved by
separate agreement.
c. If annual revenues received from the three
taxing streams (TIF real property tax revenues,
the incremental business personal property city
tax revenues, and the one percent (1%) general
sales tax revenues generated within the
development) are not sufficient to cover the debt
service for the town hall, no payment shall be
made to the developer.
d. After payment of debt service for town hall, the
remaining revenues from the three taxing
streams (identified above) shall be dedicated to
reimbursement of developer, not to exceed the
annual debt service payment described in the
amortization schedule agreed upon by City and
Developer.
SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 12
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e. In order to calculate the reimbursement of the
$4.0 million infrastructure debt, it shall be the
responsibility of the developer to require all retail
tenants to provide the city with sales tax revenue
reports from the state comptroller not less than
quarterly.
7. an initial certificate of occupancy is not issued for the
Subdivision within two (2) years from the date of execution of
this agreement, City's obligation will be null and void and City
should be released from any obligation to make the
reimbursements provided above.
F. DRIVEWAY RELOCATION:
Developer agrees that upon relocation of North Carroll Avenue substantially
as shown on the Development Plan, Developer will relocate the driveway of
Mr. Jurgen Strunck located at 200 North Carroll Ave., Southlake, Texas
76092, in accordance with plans approved by Mr. Strunck, City and
Developer, at Developer's sole cost and expense.
G. NORTH CARROLL AVENUE RELOCATION AND WIDENING:
The Development Plan includes the relocation and widening of North Carroll
Avenue in accordance with preliminary plans and specifications provided to
Developer by City. Terms of such relocation and widening shall be as
follows:
1. Developer will dedicate approximately 1.985 acres of land as
shown on the Development Plan to allow for construction of
the road improvements. In consideration for this dedication,
City agrees to vacate the existing North Carroll Avenue right -
of -way and to quit claim same. City will acquire all other
necessary easements or rights -of -way from adjacent
landowners. Developer will cooperate with City in obtaining
the consent of such adjacent landowners.
2. City will employ a civil engineer and other outside consultants
as necessary for the design and preparation of the final plans
and specifications for the relocation and widening of North
Carroll Avenue.
3. City will pay all construction costs, materials and engineering,
including all earthwork, infrastructure, paving, landscaping,
SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 13
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traffic light(s) (including the relocation thereof, if necessary),
and other improvements and related costs associated with the
North Carroll Avenue realignment and widening project. Such
costs shall be in addition to costs reimbursed by City to
Developer under Section IV. E. of this agreement.
4. Completion of the North Carroll Avenue work will not be a
condition to completion of Developer's performance with
respect to the Subdivision, and will not be a condition
precedent to or delay Developer's receipt of certificates of
occupancy for buildings within the Subdivision, City's
acceptance of public facilities constructed by Developer, City's
reimbursement obligation as described in Section IV. E. herein,
or otherwise.
H. CITY HALL:
Developer will convey fee simple title to approximately 0.689 acres of land
to City for a new joint use City Hall /Carroll Independent School District
Administration Facility (hereinafter referred to as the Joint Use Facility).
Concurrently herewith, Developer and City will enter into an agreement for
design, development, construction and operation of the Joint Use Facility.
The terms of that agreement will be substantially in accordance with the term
sheet attached as Exhibit E to this agreement.
CONSTRUCTION PERMITTING AND OVERSIGHT:
1. City will allow development of the Subdivision to occur under a staged
building permit. Separate permits or approvals may be issued to
allow the following stages of construction to proceed in sequence. A
permit for any stage of construction may be processed for review and
approval independently of submission or approval of final design and
construction drawings for any subsequent stage of construction:
a. grading and sitework;
b. utilities and paving;
c. foundation and superstructure; and
d. final building permit.
2. City will process applications for construction approvals in accordance
with its guidelines; provided, however, City will hire additional
SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 14
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personnel or contract with private companies for engineering
consulting services as may be needed to allow for the timely review
and approval of construction plans pursuant to this paragraph. If
necessary to facilitate efficient response time, City will provide an on-
site person for permit review and approval and for inspection
functions. In the event City provides such on -site person, Developer
will provide housing on -site for such person at no cost to City.
J. PUBLIC SAFETY FACILITY
Developer agrees to provide space for a Department of Public Safety
Satellite Facility within the Subdivision. The location and size of this facility
will be covered by a separate agreement to be developed once final building
plans have been completed.
SIGNED AND EFFECTIVE on the date last set forth below:
DEVELOPER: [FULL NAME'
By:
Title:
Address:
Date:
ATTEST:
Notary Public
Type or Print Notary Name
My Commission Expires:
CITY OF SOUTHLAKE
By:
Rick Stacy, Mayor
Address:
Date:
SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 15
A: \TOWNSQ -2.WPD
ATTEST:
Sandra LeGrand, City Secretary
Date:
SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 16
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REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT
1. The Letter of Credit (L of C) must have a duration of at least one year.
2. The L of C may be substituted for utility security deposits exceeding $10,000.00.
The City reserves the right to specify the face amount of the letter of credit.
3. The L of C must be issued by an FDIC - insured bank in a form acceptable to The
City of Southlake. The City reserves the right to approve /disapprove the bank
issuing the Letter of Credit.
4. The L of C must be issued by a bank that has a minimum capital ratio of six (6 %)
percent, and has been profitable for each of the last two consecutive years.
5. The customer must provide The City with supporting financial information on the
bank to allow the City to ascertain requirements are met. Suitable financial
information would be the previous two (2) years December 31 Call Reports
submitted to the FDIC and audited financial statements.
6. Partial drawings against L of C must be permitted.
7. The City must be able to draft on sight with proof of amount owed.
8. The customer pays any and all fees associated with obtaining L of C.
9. Expiring letter of credit must be replaced by substitute letters of credit at least 30
days prior to the expiration date on the L of C held by The City.
SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 17
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