1998-11-17REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS
NOVEMBER 17, 1998
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph
Evans; Deputy Mayor Pro Tem Scott Martin. Councilmembers: Debra Edmondson,
Gary Fawks, Ronnie Kendall and Wayne Moffat.
STAFF PRESENT: Curtis Hawk, City Manager; Shana Yelverton, Assistant City
Manager; Lou Ann Heath, Director of Finance; Greg Last, Director of Community
Development; Karen Gandy, Zoning Administrator; Stephanie Sarakaitis, Planner; Bob
Whitehead, Director of Public Works; Ron Harper, Deputy Director of Public Works;
Charlie Thomas, Deputy Director of Public Works; Shawn Poe, Capital Projects
Coordinator; Kevin Hugman, Director of community Services; Ben Henry, Parks
Planning and Construction Superintendent; Courtney Queen, Community Services
Coordinator; Lauren Safranek, Director of Human Resources; Billy Campbell, Director
of Public Safety; Garland Wilson, Deputy Director of Public Safety, Fire Services
Division; E.Allen Taylor, Jr., City Attorney; and, Sandra L. LeGrand, City Secretary.
WORK SESSION: The work session began at 5:20 p.m., whereby Cotmcilmembers and
City staff members reviewed items on the agenda. The work session was video taped and
a tape recording was made for future reference. Council and staff discussed the
following items:
Agenda Item #5-E, Authorize the Mayor to enter into an agreement between the cities
of Bedford, Colleyville, Euless, Grapevine, Haltom City, Keller, North Richland Hills,
Richland Hills, Trophy Club and Southlake, all of Tarrant County, and Trophy Club
MUD for centralized recruiting of fire personnel. Councilmember Wayne Moffat
expressed that he does not like this, adding, from his experience, he does not feel
there is anything good about centralized recruiting of fire personnel. Lanren Safranek
responded to Mr. Moffat's concerns. She stated, "The City can pick from any
ranking on the list of those categories that pass the test, and those applicants that
specifically stated they want to work for Southlake. We will definitely look at those."
Garland Wilson, Deputy Director of Public Safety, Fire Services Division, also
responded to concerns of Council.
Agenda Item #5-B, Authorize the Mayor to enter into an interlocal agreement for
animal control between the City of Grapevine and the City of Southlake.
Councilmember Debra Edmondson had questions regarding the contract for animal
control. Officer Lawrence, with the City of Grapevine, was present to respond to
those questions.
Regular City Council Meeting Minutes - November 17, 1998 Page 1 of 19
Agenda Item gs-J,, Partial Developer Agreement for Timarron, Village H, Phase 2.
Councilmcmber Ronnie Kendall asked if the Landscape Administrator, Keith Martin,
had been to the site to inventory the trees. Charlie Thomas, Deputy Director of
Public Works, responded to here concerns. Ms. Kendall stated on the last phase of
the development, several big trees were knocked down and she wanted to be sure this
did not happen on the next phase.
Agenda Item g5-L, Ordinance No. 704, ist reading, Proposing changes in Article IE
General Sign Provisions and Article K Specific Sign Regulations. Kosse Maykus
stated he was informed that Council would be considering changes to the Sign
Ordinance tonight. He stated whenever the Sign Ordinance was adopted,
representatives from the Home Builders Association attended the Council meeting in
an effort to add input regarding changes to the provision for "directional signs." At
that time, the representatives were under the impression that Council had approved a
twelve month phase-out period for the "directional signs." Mr. Maykns said he did
not know what happened. Maykus stated, "There were some people from the
"directional sign" business that thought that was what should have happened."
Maykns said he attended that meeting and he thought it was understood that way too.
Mr. Maykns said he hoped this would be an opportunity to implement the twelve
month phase-out provision. He mentioned that due to the understanding that the sign
people thought they understood was the process, some companies had purchased new
signs, thinking they could use them for the next twelve to eighteen months. The signs
have been picked up. Mr. Maykus said he is hopeful Com~cil will include the twelve
month phasing out period provision in this amendment to the Sign Ordinance.
Agenda Item ~8-A, Ordinance No. 480-292, ist reading (ZA 98-121), Rezoning and
Concept Plan for M&J Farms. Pat Preston, a resident of Union Church Road, asked,
"How can the City allow a "business" zoning right in the middle of a residential area?
Ms. Preston stated she has lived at her current location on Union Church Road since
1983 and her privacy is being invaded by the business next door.
Agenda Item g7-A, Ordinance No. 725, 2~'t reading, Smoking Regulations. Assistant
City Manager Shana Yelverton explained the changes being made to the ordinance
since the first reading.
The work session ended at 6:00 p.m.
REGULAR SESSION
Agenda Item gl, Call to Order
Mayor Rick Stacy called the Regular City Council meeting to order at 6:05 p.m.
Agenda Item g2-A, Executive Session
Regular City Council Meeting Minutes - November 17, 1998 Page 2 of 19
Mayor Rick Stacy advised the audience that the City Council wouM be going into
executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas
Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.075, 551.076, to
seek consultation with the City Attorney regarding pending and contemplated litigation&
to deliberate the purchase, exchange, lease or sale of real property, a negotiated contract
for a prospective gift or donation to the City, to deliberate the appointment and
evaluation of public officials, to confer with one or more employees to receive
information from or to question the employees, and to deliberate 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 7:10 p.m.
Agenda Item #2-B, Action Necessary/Executive Session
No action was taken during this executive session.
Agenda Item #3, Invocation
Mayor Pro Tem W. Ralph Evans led the invocation in the absence of the Chaplain of the
Month Bob Stith.
Agenda Item #4-A, Mayor's Report
Mayor Stacy stated it was good to be back, referencing his recent trip to Copenhagen,
where the temperatures were very cold. He stated it was beautiful country and he saw
many sights, but it was good to be back home.
Mayor Stacy recognized members of the 1998-99 "Leadership Southlake" group who
were in attendance at tonight's meeting.
The following announcements were made during the Mayor's Report:
November 18, 1998 at 7:00 p.m., the Southlake Youth Action Commission (SYAC)
will be holding "Youth in Government" in the Community Center at Bicentennial
Park. Courtney Queen, Community Services Coordinator, is working with members
of SYAC.
November 19, 1998 at 7:30 a.m., a Metroport Cities Partnership meeting will be held
at the Trophy Club Municipal Building, 100 Municipal Drive, Southlake.
November 23, 1998 at 6:00 p.m., the monthly Southlake Parks Development
Corporation (SPDC) will meet in the Council Chambers of City Hall.
City offices will be closed on November 26th and 27th for the Thanksgiving Holidays.
Regular City Council Meeting Minutes - November 17, 1998 Page 3 of 19
November 30, 1998 at 6:00 p.m., the City Council will conduct interviews for places
on the newly formed Library Board. Interviews will be conducted in the
Administrative Building Conference Room. Appointment to the Board are scheduled
for the December 1, 1998 Regular City Council meeting.
December 2, 1998 at 8:00 p.m., the North Texas Commission is sponsoring a
"Metroplex Aviation Update Breakfast Briefing" in the West Tower Hyatt Regency
DFW. Councilmembers are invited to attend.
December 7, 1998 at 6:30 p.m., the Annual Banquet of the Tarrant County Mayor's
Council will be held at the Radisson Hotel in Fort Worth. If you are interested in
attending, please contact the City Secretary and she will make the arrangements.
Agenda Item #4-B, City Manager's Report
City Manager Curtis Hawk reported on the Planning and Zoning Academy, which will be
aired on Cable Channel 25 soon. Mr. Hawk noted that last Sunday, thirty kids fi.om
SYAC went to the Tandy Center in Fort Worth to volunteer for the Ronald McDonald
House. He stated, "It was good to see our young people out doing those kinds of things."
During the City Manager's Report, Councilmember Ronnie Kendall commented about
the work being done by the Drug and Alcohol Awareness Program. Kendall stated,
"Every once in awhile there are things that make you feel very proud to be in Southlake,
and that happened to me last night." She said she attended a PTO meeting at Carroll
Intermediate School where Councilmember Debra Edmondson and Doug Strickland
presented the Drug and Alcohol Awareness Committee program to the CISD Board of
Trustees. She said the program went very well. Ms. Kendall commented, "It is so nice to
know that with peer pressure and the other kinds of problems that come along with drag
abuse, such as traffic accidents and crime, that the Drug and Alcohol program is in place,
working to communicate the issues which face our teens, to educate and help combat
those problems. It is so neat because all the parents are there in support of their
children."
Ron Harper, Deputy Director of Public Works, presented a Town Square status report.
Town Square
Progress continues on the infrastructure and commercial elements of this project. Six
buildings are currently under construction. All buildings have had steel erected.
Buildings lA and lB have been inspected by Building Inspectors and have been released
for tenant finishing work. Buildings 5A and 5B have had the exterior stucco installed on
the rear of the buildings. Brick work on 5B is approximately 95% completed and brick
work on 5A is approximately 75% complete. The buildings will be available for tenant
finishing work in approximately two weeks. Building 4C has had all the exterior
sheathing installed, rear stucco has been applied and brick work has begun. Building 2C
has had framing installed and exterior sheathing is being installed. Both buildings have
Regular City Council Meeting Minutes - November 17, 1998 Page 4 of 19
had rough-in mechanical, electrical and plumbing systems installed. Interior framing and
sheathing is being constructed.
Curbs at the front of Buildings lA and lB have been poured. Sidewalks have been
delayed until the streets are paved. Street drains have been installed in State Street.
Paving of State Street and Fountain Place began on November 12. The Developer has
submitted the proposed sign variance documentation to staff for their review. Tenant
construction permit applications have been received from Comer Bakery, Banana
Republic, Bombay Company, Chicos, Gap, Gap for Kids, Harolds and Williams-Sonoma.
Post Office Square
There is no change from the last report on this phase of the project.
Town Hall
The Architect Selection Committee decided to reject the joint proposal by Schwarz and
Urban at their November 5 meeting. Urban was asked to submit a separate proposal, but
was unable to do so.
Agenda Item #4-C, SPIN Report
No SPIN report was given at this Council meeting.
Agenda Item #4-D, Parks and Recreation Board Report
No Parks and Recreation Board report was given during this meeting.
Agenda Item #5, Consent Agenda
Mayor Stacy stated this is the time of evening when Council votes on several items at one
time. He informed citizens present of the procedure Council follows in voting on the
"Consent Agenda" and asked if anyone had any comments or opposition to express
regarding any items listed in this section of the agenda. Mayor Stacy read the consent
agenda items into the record:
5-A. Approval of the Minutes of the Regular City Council meeting held on November
3, 1998.
5-B. Authorize the Mayor to execute an interlocal agreement for animal control
between the city of Grapevine and the City of Southlake.
5-C. Authorize the Mayor to enter into a cooperative working agreement between the
Metro Narcotics Interdiction Unit and the City of Southlake.
Regular City Council Meeting Minutes - November 17, 1998 Page 5 of 19
Authorize the Mayor to enter into a cooperative working agreement between the
Tarrant County Narcotics Intelligence and Coordination Unit and the City of
Southlake.
5-E. Removed from consent.
5-F. Authorize the Mayor to enter into a professional services agreement with
Cheatham and Associates for the Shady Oaks realignment at Dove Street.
5-G. Authorize the Mayor to enter into a developer agreement for Florence Elementary
School.
5-H. Award of bid to J.L. Bertram for paving and drainage improvements to Ridgecrest
Drive.
Ordinance No. 704, 1st Reading, Proposing changes to Article IV, General Sign
Provisions, and Article V, Specific Sign Regulations.
5-J. Partial developer agreement for Timarron, Village H, Phase 2.
5-K. Encroachment agreement to allow the continuance of an existing sign within a
right-of-way dedication, proposed Lot 4R3, J.G. Allen No. 18 Addition.
Motion was made to approve the consent agenda items #5-A, minutes as amended; #5-B,
#5-C, #5-D, #5-F, #5-G, #5-H, #5-I, #5-J, and #5-K.
Motion:
Second:
Ayes:
Nays:
Approved:
Martin
Evans
Martin, Edmondson, Evans, Kendall, Moffat, Stacy
None
6-0 vote
ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS
5-A
Minutes of the Regular City Council Meeting held on November 3, 1998. This
item was approved as amended by Council.
5-13
Authorize the Mayor to enter into an interlocal agreement for animal control
between the City of Grapevine and the City of Southlake. This agreement has
been drafted and reviewed by the City attorneys and contains language that allows
for the automatic renewal each year. The agreement basically authorized
Grapevine Animal Control to act on our behalf, to enforce our animal control
ordinances and impound stray animals located in Southlake.
5-C
Authorize the Mayor to enter into a cooperative working agreement between the
Metro Narcotics Interdiction Unit and the City of Southlake. This grant is funded
by the Criminal Justice Division of the Governor's Office and is controlled by
Regular City Council Meeting Minutes- November 17, 1998 Page 6 of 19
TCNICU officials. The State and federal guidelines require separate cooperative
agreements. This is to certify that the objectives are mutually agreed upon by the
parties to cooperate in whatever extent possible to further the goals of the multi-
agency project. The agreement will remain in effect as long as the grant is
funded, unless the Southlake Department of Public Safety submits a 30-day
written withdrawal notice.
Authorize the Mayor to enter into a cooperative working agreement between the
Tarrant County Narcotics Intelligence and Coordination Unit and the City of
Southlake. This grant is funded by the Criminal Justice Division of the
Governor's Office and is controlled by TCNICU officials, however, State and
federal guidelines require separate cooperative agreements. This is to certify that
the objectives are mutually agreed upon by the parties to cooperate in whatever
extent possible to further the goals of the multi-agency project. The agreement
will remain in effect as long as the grant is funded, unless the Southlake
Department of Public Safety submits a 30-day written withdrawal notice.
Removed from the consent agenda.
Authorize the Mayor to enter into a professional services agreement with
Cheatham and Associates for the Shady Oaks realignment at Dove Street. This
project is the result of the proposed SH 114 reconstruction at the Dove Street
intersection. The proposed right-of-way and construction of the frontage roads
along the south (or west) side of SH 114 requires that the existing intersection of
Dove Street and Shady Oaks be eliminated. The State proposes building a turnout
from Shady Oaks onto the frontage road. Doing this, there would not be access
from Shady Oaks to Dove. Therefore, the City is proposing to realign Shady
Oaks so as to intersect Dove approximately 300 feet west of the existing
intersection. This will allow vehicles access to Dove once SH 114 is
reconstructed. The State has agreed to include this project as a part of the future
highway project so that their contractor will construct the realignment if the City
pays someone to design it first, and pay for the construction by reimbursing the
State with an estimated cost of $650,000.
Authorize the Mayor to enter into a developer agreement for Florence Elementary
School. The Keller Independent School District is planning to add an addition
onto Florence Elementary School and that necessitates the installation of a new
fire hydrant; therefore, a 6-inch water line is being installed in an easement along
the east right-of-way line at Harrell Drive by the school. This agreement is a
standard agreement except there are not Park Fees.
Award of bid to J.L. Bertram for paving and drainage improvements to Ridgecrest
Drive. The improvements to Ridgecrest Drive was scheduled as part of the FY
97-98 CIP budget, which provided $355,576. Improvements include
reconstructing the existing roadway and associated drainage. The bid amount did
not include the overlay for Southlake Park Road, but a change order will be
Regular City Council Meeting Minutes - November 17, 1998 Page 7 of 19
provided to include the overlay. The change order will make the entire project
cost close to the budgeted funds. This will complete improvements that began
with the Hilltop Addition. This project was delayed due to difficulty in obtaining
necessary drainage easements. All necessary easements have been obta'med. The
low bidder for this project is J.L. Bertram Construction with a base bid of
$299,920.56 plus the alternate bid of $11,640 for a total bid of $311,560.56.
5-1.
Ordinance No. 704-A, Sign Ordinance, first reading. Draft #2 of the Sign
Ordinance No. 704-A, reflects the recommendations discussed by City Council at
its October 13, 1998 meeting. A copy of the memorandum from Stepharde
Sarakaitis, Planner, outlining each recommended change is hereby attached to the
minutes of this meeting.
Authorize the Mayor to enter into a partial developer agreement for Timarron,
Village H, Phase 2. This partial developer agreement is for grading only and
includes erosion control. The developer is requesting to begin grading operations
before the final construction plans are complete and before contracts have been
negotiated. The intent is to complete the grading before the winter months so that
installation of utilities can begin at the earliest possible date. This area is
presently being used as a pasture and the streets have been laid out to minimize
the impact on what few trees are on the tract. The grading plans and erosion
control plans have been reviewed and approved by the staff. A fmal developer
agreement will be required for construction of water and sewer and paving and
drainage improvements.
Encroachment agreement to allow the continuance of an existing sign within a
right-of-way dedication, proposed Lot 4R3, J.G. Allen No. 18 Addition. The
Shunail Corporation purchased a tract of land from Jim Martin that included the
retail center and convenience store on the northwest comer of FM 1709 and
Randol Mill Road. This purchase was consummated without the benefit of
processing a plat revision on the property. Dr. Mark Cox, who operates a vet
clinic in this building, has processed and received approval for a new vet clinic on
a tract at the southwest comer of the Martin's remainder property. As part of this
approval, staff required the processing of the required plat revision to include
three lots: 1) the proposed vet clinic lot, 2) the remainder Martin lot, and 3) the
previously sold Shunail lot. With this plat revision there was a right-of-way
dedication of five feet required along Randol Mill. The Shunail Corporation is
resisting signage of the plat until they have an agreement which allows for the
continued use of their sign until such time as Randol Mill Avenue is widened. All
parties involved in this property are requesting that the Council approve the
encroachment agreement which will then allow the Shunail Corporation to sign
the plat; further allow Dr. Cox to file the plat, acquire his lot and proceed with
construction of his vet clinic.
Agenda Item #5-E, Interlocal Agreement for centralized recruiting of fire personnel
Regular City Council Meeting Minutes - November 17, 1998 Page 8 of 19
Director of Public Safety Billy Campbell presented the agreement authorizing the Mayor
to enter into an interlocal agreement with the cities of Bedford, Colleyville, Euless,
Grapevine, Haltom City, Keller, North Richland Hills, Richland Hills, Trophy Club,
Southlake, all of Tarrant County, and Trophy Club MUD for centralized recruiting of fire
personnel. According to Director Campbell, during the past year, several entities have
joined into an interlocal agreement to conduct a central recruiting program for fire
personnel. The City of Southlake has been give the opportunity to join this centralized
recruiting process in an effort to obtain a larger pool from which to select firefighters
fi.om and to cut recruiting and testing costs. As part of the process, entities agree to
develop, implement, and maintain a central recruiting program of fire personnel which
may include an application process, written test, and an agility test. This testing process
would develop one or more eligibility lists from which the City of Southlake will be able
to select applicants to interview. Another goal is for the eligibility lists to include a
broader range of applicants to select from including women and minorities. The City has
the right to select only applicants that meet the minimum qualifications for the
firefighter/paramedic positions, and can select from any order on the list.
Director Campbell stated that to develop and facilitate this recruiting process, a
committee composed of fire representatives, in conjunction with a Human Resource
representative from each entity was developed. Each entity shall equally fund outside
expenses, which are unanimously agreed on and associated with the central recruiting
process, such as brochures and advertisements. Participating in the centralized recruiting
effort will greatly decrease the City's expense in recruiting furore firefighter/paramedics.
All processing of applications is conducted by the City of Bedford, therefore, staff time to
process and review applications is reduced. Advertising and testing material costs are cut
significantly since all entities equally split the cost of advertising and tests.
Deputy Director of Fire Services, Garland Wilson, stated that the applicants still attend
the City of Southlake's oral board and the city can split the cost of advertising with the
other cities.
Mayor Stacy stated that the City will be hiring a lot of people in the next several years to
man the City's new fire stations.
Director Campbell stated they were skeptical of Southlake's control, but realize that the
City does not have to relinquish its control.
Councilmember Wayne Moffat spoke on the issue and stated that he does not feel the
City will not get quality employees using this process.
Motion was made to authorize the Mayor to enter into the centralized recruiting
agreement.
Motion:
Second:
Ayes ~
Nays:
Martin
Evans
Martin, Evans, Stacy
Kendall, Edmondson, Moffat
Regular City Council Meeting Minutes - ]November 17, 1998 Page 9 of 19
Denied: 3-3 vote
Councilmember Gary Fawks arrived at the meeting at 7:40 p.m.
Mayor Stacy asked Councilmember Fawks to vote for this agenda item. Councilmember
Fawks abstained from voting on item #5-E.
Denied: 3-3-1 vote
Agenda Item #6, Public Forum
No comments were heard during the public forum.
Agenda Item #7-A, Ordinance No. 725, 2"a reading, Smoking Regulations
Assistant City Manager Shana Yelverton presented Ordinance No. 725, 2"d reading,
noting the ordinance has been modified slightly from the ordinance presented on first
reading. A copy of the changes from the first reading are outlined in a memorandum
dated November 13, 1998, from Shana Yelverton. The memorandum is hereby attached
to the minutes of this meeting.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 725, 2nd reading, with the changes made in
Section 4.1 (a) (1) to read, "The Building Official may grant an exception for an alternate
system when it can be demonstrated that such alternate system will achieve results
equivalent to those achieved by physical barriers. Such alternate system must be based
on an engineering design and have the effect of a physical barrier, preventing the drift or
penetration of smoke from a smoking area to a nonsmoking area."
Motion:
Second:
Ayes:
Nays:
Approved:
Edmondson
Martin
Edmondson, Martin, Evans, Fawks, Kendall, Moffat, Stacy
None
7-0 vote
Agenda Item #7-B, Ordinance No. 726, 2"d reading, Changing the street name of
Wyndsor Ridge to Rustic Ridge Court
Director of Public Works Bob Whitehead presented Ordinance No. 726, 2nd reading,
changing the street name of Wyndsor Ridge, located in Timarron, Wyndsor Grove, Phase
II, to Rustic Ridge Court. He stated staff initiated this request for a street name change
because there was a similar street name in another subdivision. The street name change
would avert any confusion for the Department of Public Safety staff.
PUBLIC HEARING: No comments were made during the public hearing.
Regular City Council Meeting Minutes - November 17, 1998 Page 10 of 19
Motion was made to approve Ordinance No. 726, 2nd reading, changing the street name
as noted above.
Motion:
Second:
Ayes:
Nays:
Approved:
Martin
Edmondson
Martin, Edmondson, Evans, Fawks, Kendall, Moffat and Stacy
None
7-0 vote
Agenda Item #7-C, ZA 98-120, Site Plan for The Remington
Ordinance No. 480-292, 1st reading (ZA 98-120), Rezoning and Concept Plan for M&J
Farms, on property legally described as Tract 6B 1 and a portion of Tract 6B, situated in
the Jesse G. Allen Survey, Abstract No. 18, and being approximately 3.46 acres. Current
zoning is "AG" Agricultural District, with a requested zoning of "B-I" Business Service
Park District. Amended Request "S-P-2" Generalized Site Plan District for a nursery
yard and buildings for retail sales with a caretaker unit. Owner and Applicant: Joseph
Mortazavi.
Karen Gandy, Zoning Administrator, stated that fourteen (14) notices were sent to
property owners within the 200' notification area and one (1) written response was
received from: E.I. Wiesman, 2607 West $outhlake Boulevard, Southlake, in favor. Ms.
Gandy states on November 5, 1998, the Planning and Zoning Commission approved this
item (6-0-1 vote) subject to Site Plan Review Summary No. 1, dated October 30, 1998,
relocating the plantings elsewhere within Phase I (Item #3); requiring the applicant to
work with the City to have a single trail/sidewalk along Owenwood Drive (Item #9);
commitment to work with the Landscape Administrator to adequately screen the
buildings on this site from the Slayton's property.
Mark Tolson, 4316 West Vickory, Fort Worth. Mr. Tolson states they have made the
sufficient changes, including moving the lot line and moving the plantings to add to the
screening between them and the Slayton's property by moving the trees.
It was noted that Lifestyles purchased about five acres of this property to clean up the
drainage issue. They submitted a letter responding to the staff review letter. They are
asking for a variance to Item #8 of the summary review letter.
Councilmember Debra Edmondson asked if they would be willing to work with the
Landscape Administrator in saving trees. Mr. Tolson stated they will work with the City
and try to save as many trees as possible.
Jesse Fluitt, Washington and Associates. Mr. Fluitt explained the differences in the
elevations of the back building. He stated they are keeping the retaining walls to help
save the trees. The wall is from two feet to five feet high.
Councilmember Gary Fawks asked about having hand rails along the wall. Mr. Tolson
stated they will comply with the building codes regarding hand rails.
Regular City Council Meeting Minutes - November 17, 1998 Page 11 of 19
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve ZA 98-120, subject to the Site Plan Review Summary No.
2, dated November 13, 1998; waiving Item #1, the bufferyard between Lots 1 and 2, and
placing the plantings on the west; allowing articulation on fagade "D" as shown on the
plan; working with the Landscape Administrator on the construction of the retaining wall;
and providing alternative pavement in areas of trees to enhance the preservation.
Motion:
Second:
Ayes:
Nays:
Approved:
Martin
Fawks
Martin, Edmondson, Evans, Fawks, Kendall, Moffat and Stacy
None
7-0 vote
Agenda Item #8-A, Ordinance No. 480-292, 1st reading (ZA 98-121)
Ordinance No. 480-292, 1st reading (ZA 98-121), Rezoning and Concept Plan for M&J
Farms, on property legally described as Tract 6B 1 and a portion of Tract 6B, situated in
the Jesse G. Allen Survey, Abstract No. 18, and being approximately 2.46 acres. Current
zoning is "AG" Agricultural District, with a requested zoning of "B-i" Business Service
Park District. Amended request to "S-P-2" Generalized Site Plan District for a nursery
yard and buildings for retail sales with a caretaker unit. Owner and Applicant: Joseph
Mortazavi.
Karen Gandy, Zoning Administrator, stated seven (7) notices were sent to property
owners within the 200' notification area and no written responses have been received.
Ms. Gandy noted on November 5, 1998, the Planning and Zoning Commission approved
this item (6-1 vote) subject to the Concept Plan Review Summary No. 1, dated October
20, 1998, amending the zoning request to S-P-2 Generalized Site Plan District with a
nursery yard and buildings for retail sales with a caretaker unit as shown on the Concept
Plan; granting relief on items listed in the November 5, 1998, letter amending Item #17b
to read, "..allow lot size as shown (3.46 acres) or acreage net of any R.O.W. dedication;
stipulating that the S-P-2 cannot be expanded, and it must be the same concentration of
businesses that the applicant has there today; and stipulating that Items #13, #14, #15,
and #17a be granted with respect to this applicant only.
Joseph Mortazavi, Union Church Road, Southlake. Mr. Mortazavi stated he wants to
explain. He stated he does not want to rezone his property but his property fell under the
acreage requirement for agricultural, and the City said he has to rezone. He stated he is
okay with agricultural except if there is a disaster, he could not rebuild. He stated he is
not expanding the use, and he does not want to sell it to anyone. He stated some of the
buildings were built prior to the annexation and some of them were changed in the last
fourteen years. When he first purchased the property, it was not in the City of Southlake.
PUBLIC COMMENTS:
Regular City Council Meeting Minutes - November 17, 1998 Page 12 of 19
Bob Couch, 2535 Union Church Road, $outhlake. Mr. Couch stated he was here when
Mr. Mortazavi moved in. He said he was told annexation would protect him and now
wants to know where is the protection. Mr. Couch stated now there are eighteen
wheelers, and retail on this property. He stated he does not think the City should "spot
zone" this property by making it S-P-2. Mr. Couch stated he th'inks the City has to plat
the property but not rezone it. He is opposed to this zoning request and also to letting it
stay like it is today.
Pat Preston, 2477 Union Church Road, Southlake. Ms. Preston referenced photographs
she took of the property in 1989, when the first green house was built. She stated Mr.
Mortazavi told here he would have herbs only.
Dave Samons, 2451 Union Church Road, Southlake. Mr. Samons stated he has been a
resident in that location for seven years. The noted the biggest problem they are seeing
now, is the big trucks and the fact that it is a commercial business.
Joseph Mortazavi stated, "I do not know what to do, I try to be a quite as I can." He
stated he can operate the business like it is but the City requires that he rezone the
property.
Dorothy Samons, 2451 Union Church Road, Southlake. Ms. Samons stated the problem
as she sees it is that the semi-trucks come onto the road and they jack-knife in the
roadway. They do not have problems with the new subdivision across the road in Keller,
just the big trucks that come in and cause the problems. The business is an eye sore, and
they need it cleaned up. She stated the neighborhood tries to keep the street looking nice
and he needs to have his place looking nice as well. She stated there have been more
green houses built since she moved there in 1992. Ms. Samons commended the Council
for staying on top of this problem.
Motion was made to deny Ordinance No. 480-292, 1st reading (ZA 98-121), due to the
insufficient evidence showing a change in the circumstances.
Motion: Kendall
Second: Edmondson
Ayes: Kendall, Edmondson, Moffat, Martin, Evans, Fawks, Stacy
Nays: None
Denied: 7-0 vote
Agenda Item #8-B, ZA 98-122, Preliminary Plat for The Remington Addition
ZA 98422, Preliminary Plat for The Remington Addition, on property legally described
as Tracts 4F, 4Fl, 5Al, 5A1B, 6Al, 6B, and 6B1, situated in the Jesse G. Allen Survey,
Abstract No. 18, and being approximately 33.0 acres. Current zoning is "AG"
Agricultural District, "CS" Community Service District, and "S-P-2" Generalized Site
Plan District for senior adult living complex to include tri-plex and quadra-plex villas,
Regular City Council Meeting Minutes - November 17, 1998 Page 13 of 19
personal care facility, nursing care facility, and senior multi-family units. Applicants:
Lifestyles, Inc. Owners: Joseph Mortazavi, NET Church, and Ernest and Joyce Owen.
Karen Gandy, Zoning Administrator, stated twelve (12) notices were sent to property
owners within the 200' notification area and no responses were received. On November
5, 1998, the Planning and Zoning Commission approved (6-0-1 vote) this item subject to
the Plat Review Summary No. 1, dated October 30, 1998, waiving Item #15c (minimum
lot area of 5 acres within Lot 4), and waiving the requirement for a tree survey on Lot 4
and deferring the requirement for a tree survey for the church's property until the
Concept Plan.
It was noted there are no unresolved issues regarding this application. The property
bounded by this plat includes the Remington property as well as the remainder of the
Mortazavi tract and the church property.
Jacky Fluitt, Washington and Associates Engineers. Mr. Fluitt stated when asked that
The Remington purchased more property for drainage detention.
Motion was made to approve ZA 98-122, Preliminary Plat for The Remington, subject to
the Plat Review Summary No. 2 dated November 13, 1998; requiring Item #7 to be in
accordance with the Planning and Zoning Commission recommendations; deferring
Item #8 requirement until future development; modifying Item #9 to require a 40'
setback on Lot 4 as required by "AG" Agricultural District zoning; and, adding an
informational comment that Lot 4 will remain "AG" Agricultural District.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Fawks, Kendall, Moffat, Edmondson, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #8-C, Ordinance No. 480-291, 1st reading, (ZA 98-113)
Ordinance No. 480-291, 1st reading (ZA 98-113), Rezoning on property legally described
as being Tracts lB and lB1 situated in the James Thomhill Survey, Abstract No. 1505,
and being approximately 5.0 acres. Current zoning is "AG" Agricultural District with a
requested zoning of "SF-1A" Single Family Residential District. Applicant: Kaeini
Family First Limited Partnership. Owner: Kaeini Family First Limited Partnership and
Raman Chandler.
Karen Gandy, Zoning Administrator, stated twenty-eight (28) notices were sent to
property owners within the 200' notification area and nine (9) written responses have
been received from the following: Raul L. and Helen S. Regaldo, 1006 Southlake Hills
Drive, Southlake, opposed; Thomas L. and Tracy Christensen, 1003 Southlake Hills
Drive, Southlake, opposed; John J. Gagnon, 1005 Southlake Hills Drive, Southlake,
opposed; Mathew R. Belaus, 1311 Northridge, Southlake, opposed; Mark and Lisa
Sharp, 1009 Southlake Hills Drive, Southlake, opposed; Joseph J. Bectol 1000 Hidden
Regular City Council Meeting Minutes - November 17, 1998 Page 14 of 19
Knoll Court, Southlake, oppose& Daphne Biddle, 1011 Southlake Hills Drive,
Southlake, undecide& Henry P. Nagy 1313 Northridge, Southlake, oppose& and,
Terrence and Barbara Torrey, 1007 Southlake Hills Drive, opposed.
Ms. Gandy stated a super-majority (6 out of the 7) votes of the City Council will be
required for approval of this item due to the opposition within 200' exceeding 20% of the
total land area.
Robert Hager, 1800 Lincoln Plaza, Dallas. Mr. Hager stated he is present to answer
questions of Council. He stated the intent is for two lots and he is the representative of
the 3.79 acre lot. They own property and the Chandler's own the remainder of the
property.
After discussion, motion was made to approve Ordinance No. 480-291, 1st read'rog (ZA
98-113).
Motion: Martin
Second: Edmondson
Ayes: Martin, Edmondson, Evans, Fawks, Kendall, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #8-D, ZA 98-123, Preliminary Plat for Explorer Addition
ZA 98-123, Preliminary Plat for Explorer Addition, on property legally described as
Tract IB1A situated in the Harrison Decker Survey, Abstract No. 438, Tracts 4B and 4C,
situated in the C.B. McDonald Survey, Abstract No. 1013; and Tract lB situated in the
Payton R. Splane Survey, Abstract No. 1453, and being approximately 16.493 acres.
Current zoning is "1~2" Heavy Industrial District. Owner: Explorer Pipeline Company.
Owner: Huitt-Zollars, Inc.
Karen Gandy, Zoning Administrator, stated that seventeen (17) notices were sent to
property owners within the 200' notification area and one (1) written response was
received from Charles Young, P.O. Box 3348, Grapevine, in favor.
Mickey D. Nowell, 500 W 7th Street, Suite 300, Fort Worth. Mr. Nowell was present to
answer questions of Council.
Motion was made to approve ZA 98-123, subject to the Plat Review Summary No. 1,
dated October 30, 1998.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Fawks, Kendall, Edmondson, Stacy
Nays: None
Approved: 6-0 vote
Regular City Council Meeting Minutes - November 17, 1998 Page 15 of 19
Councilmember Wayne Moffat was out of the room and did not vote
Agenda Item #9-A, Resolution No. 98-70, Amending the Fee Schedule
Lou Ann Heath, Director of Finance, stated the Fee Schedule establishes the mounts
charged for a variety of services and products provided by the City. Each year staff
reviews the Fee Schedule to determine if the amounts are appropriated for the service
provided, or if new services have been introduced that need to be included in the
Schedule. Each Director has reviewed and made recommendation for fee changes within
their scope of responsibility. The NCTCOG Annual Fee Survey of area cities is used as
a guide to determine the reasonableness of fees. The Fee Schedule is intended to recover
the actual cost associated with providing services or products.
Ms. Heath explained the Fee Schedule is grouped in Sections according to type of
activity. This amendment creates two additional sections that were previously included
within Section III- Public Works Activities and Section VI is re-named Community
Services Activities from its previous label, Park Activities. There are also specific line
item fees that have been relocated to different Sections to correspond with the related
type of activity. These specific line item relocations have been noted throughout the
Schedule.
Councilmember Gary Fawks commented on the raw acreage value of $40,000 for park
dedications. Curtis Hawk, City Manager, stated staff will come back with this issue in
the near future when the City gets appraisal for property completed.
Motion was made to approve Resolution No. 98-70, Fee Schedule.
Motion: Fawks
Second: Martin
Ayes: Fawks, Martin, Edmondson, Evans, Kendall, Stacy
Nays: None
Approved: 6-0 vote
Councilmember Wayne Moffat was out of the room and did not vote.
Agenda Item #II-A, Discussion: Michael Drive Issues/Alternatives
Curtis Hawk, City Manager, stated this item is on the agenda to discuss the issued related
to improvements to Michael Drive and to obtain feedback from the City Council
regarding the alternatives for constructing the roadway and whether or not the City will
participate in the costs associated.
Mayor Stacy asked those in the audience that would like to speak to this issue, to come
forward.
Wayne Haney, 400 Brock Drive, Southlake. Mr. Haney stated his property adjoins
Michael Drive and the adjoining property owners want to be keep abreast of this issue.
Regular City Council Meeting Minutes - November 17, 1998 Page 16 of 19
Mayor Stacy stated the City is trying to work with Ms. Claffey who attended a Council
meeting a while back and stated they want to purchase several lots on Michael Drive and
wanted to know what the City would do to help with the improvements.
Curtis Hawk, stated he needs to know if staff should bring this item back as an action
item, or is there more information staff can get for the City Council.
Councilmember Ronnie Kendall stated Council has not heard from the property owners
on Michael Drive. How do they feel?
Tim Farmer, 680 Davis Boulevard, Southlake. Mr. Farmer stated his property is on the
northern boundary line of Tiffany Acres. He commented there are still some code
enforcement issues with Michael Drive. The large trucks operate around the clock, and
the trash blows onto his property and his families property.
Councilmember Gary Fawks stated he would like to look into an assessment program and
asked the City Attorney to get the information to Council concerning an assessment
program.
Wayne Haney, 400 Brock Drive, Southlake. Mr. Haney stated whatever plan the City
Council comes up with, he asked that it be for the entire street.
Curtis Hawk, City Manager, asked for support from the City Council to come back at the
next City Council meeting with an assessment policy for Michael Drive.
Councilmember Gary Fawks asked the City Manager to step up Code Enfomement in
that area.
The residents present expressed they approve the efforts of the Mayor and City Council
on this issue. (Wayne Haney, Tim Farmer, and Bob Couch).
Agenda Item #2-A, Executive Session continued
Mayor Rick Stacy advised the audience that the City Council wouM be going into
executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas
Government Code, Sections 551.071,5 51.072, 551.073, 551.074, 551.075, 551.076 to
seek consultation with the City Attorney regarding pending and contemplated litigations,
to deliberate the purchase, exchange, lease or sale of real property, a negotiated contract
for a prospective gift or donation to the City, to deliberate the appointment and
evaluation of public officials, to confer with one or more employees to receive
information from or to question the employees, and to deliberate the deployment of
specific occasions for implementation of security personnel or devices.
Council adjourned into executive session at 9:55 p.m.
Council returned to open session at 11:05 p.m.
Regular City Council Meeting Minutes - November 17, 1998 Page 17 of 19
Agenda Item #2-B, Action Necessary/Executive Session
Motion was made to authorize the City Manager to proceed with the condemnation for an
easement across the Decker/Chandler property.
Motion: Martin
Second: Fawks
Ayes: Martin, Fawks, Kendall, Moffat, Edmondson, Evans, Stacy
Nays: None
Approved: 7-0 vote
Motion was made to authorize staff to put a contract on the discussed property for a 60
day look, to the appropriate party, as discussed in executive session.
Motion: Martin
Second: Fawks
Ayes: Martin, Fawks, Kendall, Moffat, Edmondson, Evans, Stacy
Nays: None
Approved: 7-0 vote
Motion was made to direct the City Manager to negotiate a contract with Schwarz/GSI
Architects for a fixed fee contract capped at $1.2 million for architectural and engineering
services and additional establishing a cap for reimbursable expenses. Contract shall also
establish the time limit as discussed so that the project shall be substantially complete by
October of the year 2000. If this agreement can't be worked out by December 1, 1998,
the City Manager shall continue his prequalification of the list of eight (plus or minus)
additional architectural firms for consideration for this contract.
Motion: Martin
Second: Mo flat
Ayes: Martin, Moffat, Edmondson, Evans, Fawks, Kendall, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #10-B, Professional Services Contract with Freese and Nichols for
South Fork Kirkwood Creek Drainage Improvements
Bob Whitehead, Director of Public Works, presented a professional services contract
with Freese and Nichols for South Fork Kirkwood Creek Drainage Improvements. This
contract will provide the data needed to develop a plan for the watershed in the Shady
Oaks area, including Runyan property. Freese and Nichols prepared Phase I of the
Master Drainage Plan Report, which makes them highly qualified to move forward with
this study, which will be considered as part of Phase II of the master plan effort.
A copy of the memorandum from Bob Whitehead, Director of Public Works, dated
November 13, 1998 is hereby attached to the minutes of this meeting.
Regular City Council Meeting Minutes - November 17, 1998 Page 18 of 19
Motion was made to authorize the Mayor to enter into a professional services contract
with Freese and Nichols as noted above.
Motion: Fawks
Second: Edmondson
Ayes: Fawks, Edmondson, Kendall, Evans, Moffat, Martin, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #12, Adjournment
The Regular City Council meeting of November 17, 1998, was adjourned by Mayor Rick
Stacy at 11:10 p.m.
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Regular City Council Meeting Minutes - November 17, 1998 Page 19 of 19
City of Southlake, Texas
MEMORANDUM
November 13, 1998
TO: Curtis E. Hawk, City Manager
FROM: Shana K. Yelverton, Assistant City Manager
SUBJECT: Ordinance No. 725, Smoking Regulations, 2nd reading, Repealing
Ordinance No. 537
The attached ordinance has been modified slightly from the ordinance presented on first
reading, although most of the changes are not substantive. Most are formatting and language
clarifications based on city attorney input. I have summarized the changes from first reading
below:
► The definition section has been expanded to cover words and terms used in the new
provisions of the ordinance.
► Section 4.1(a)(1) has been expanded from first reading to provide for exception when
the restaurant can demonstrate that they can achieve the same results gained by physical
barriers using an alternative system. Note that any alternative system would have to be
designed by an engineer and approved by the Building Official. This section was added
after consultation with representatives from Kirby's Steakhouse. With the passage of
this ordinance, contiguous space, in any amount, will not be sufficient as a means of
separating smoking and nonsmoking areas.
• Language was added in Section 4.1(a)(2) to require proper maintenance of the
ventilation system to ensure its continued effectiveness (note that the fees for additional
testing as referenced in this section have been included in your fee schedule).
• The previous section 4,6 has been moved to Section 5.1. Section 5.3 is simply a
restatement of what is now section 4.4, specifically applied to entertainment
establishments. Section 5.2 is new, requiring live entertainment, games, etc. to be
provided in nonsmoking areas. This was added because we assumed your intent was to
provide an environment in these establishments comparable to that provided in
restaurants; that is, the same degree of enjoyment by nonsmoking and smoking patrons.
If this is not your intent, it can easily be deleted.
• Section 7 has been added since first reading, to delineate with some specificity our
position on applicability. The provisions of this section will allow existing restaurants
to continue as legal non - conforming uses, but they cannot expand their nonconformity.
If a nonconforming use expands its seating capacity, it must then comply with the
Curtis E. Hawk
November 13, 1998
Page 2
provisions of the new ordinance.
As a reminder, these revisions emanated from input provided by Councilmember Edmondson,
Building Official Paul Ward, Plans Examiner Chuck Bloomberg, Building Inspector Larry
Kelly and myself. The following is an excerpt from my previous memo describing our
approach:
• The goals of revising the ordinance are two fold. First, the ordinance should provide
for clean indoor air, protecting non - smokers from the effects of second hand smoke and
providing for a comfortable environment in facilities frequented by the public. Second,
recognizing that Southlake residents favor the development of restaurants in the city,
the ordinance should not contain regulations which are so onerous as to discourage
restaurants or other facilities from locating in Southlake. Councilmember Edmondson
and the staff agreed that no retrofitting should be required for existing restaurants.
• The definition of public places should be expanded to include assisted living facilities,
at least the congregate living areas (recognizing that independent living units are a
private residence). The purpose of this effort is to protect seniors living in facilities
from the effects of second hand smoke in the public areas of those facilities.
• There was discussion about incorporating a provision into the ordinance which would
prohibit smoking within 15' of an entrance to the building. Some ordinances require
this to eliminate the "curtain" of smoke which forms at the entrances to public buildings
when smokers congregate on the front porch during breaks. However, state law
provides that it is a "defense to prosecution" if there are no receptacles available in
these areas to extinguish smoking materials. As such, it is probably not a provision
worth changing at this time. This can always be regulated by the property owner.
• Using the Plano and Arlington ordinances as guides, the group discussed the need to
require ventilation systems in restaurants which provide the maximum mitigation of
drifting smoke from a smoking area to a non - smoking area. Building Official Paul
Ward and his staff reviewed systems and discussed this issue with their counterparts in
those cities to determine the most practical means of addressing this issue.
• With regard to restaurants, Councilmember Edmondson expressed her preference that
we revise Section 4.2 of the ordinance, which allows restaurants with seating for fewer
than 50 patrons to choose to post signs stating "This establishment does not provide an
indoor or outdoor nonsmoking area." The recommendation to Council would be to
offer the option of designating the whole restaurant as a nonsmoking facility or comply
with the proposed regulations.
�—' City of Southlake, Texas
MEMORANDUM
November 12, 1998
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: Michael Drive: Issues and Alternatives
It is my understanding that the purpose of this discussion item is two- fold - -1) to again review the
outstanding issues confronting property owners along Michael Drive and 2) to decide on a
recommended course of action to address such issues as zoning and infrastructure improvements
necessary to bring the area into compliance with city ordinances.
Attached is the staff report given to Council on October 13, 1998 which provides the historical
background of Michael Drive /Tiffany Acres. The time line of the report begins in 1978 (prior to the
properties' annexation into the City) and continues through the present. The report also reviews the
steps necessary to bring the area into compliance with current development regulations. These steps
included:
• zoning,
• preliminary and final platting, including the dedication of right -of -way,
• construction of the roadway, Michael Drive, including the placement of two 10' x 6' concrete
box culverts across the creek on the western half of the property as well as the extension of
water and sewer services to each of the properties.
This discussion is driven by a request from Mr. and Mrs. Claffey of Claffey Pools to place additional
materials storage on parcel 3, located on the north side of Michael Drive, which is currently owned
by V. J. Strand. The Claffeys would like to purchase this parcel as well as parcels 1, 2 and 4 on the
north side as well. The fact that all four parcels are not zoned and platted and only have legal,
nonconforming rights to limited outside storage precipitated my initial conversations with them.
Upon learning that any future business expansions would require not only zoning and platting, but
the construction of Michael Drive, the Claffeys began discussions with all other property owners
along Michael Drive, seeking their support to rezone their properties and share in the cost of the road
construction. The obvious questions coming out of their discussions with the others were: "What is
it going to cost me ?" and "Will I lose my right to operate my business ?"
There are several decision points in this discussion:
Related to Zoning:
• Decide whether each parcel should be treated as a separate S -P -1 zoning case (either with I -1
uses or for the existing use on each parcel) or whether to collectively zone the area as a NR -PUD
for light industrial use or limiting each parcel to the existing use in place today.
Curtis E. Hawk, City Manager
November 12, 1998
Page Two
• Decide whether to waive the required exhibit with the rezoning application and document the
"as built" conditions with pictures, development regulations and standards for each parcel or to
require the appropriate exhibit. [The S -P -1 request will require a site plan while the NR -PUD
request will require a development plan. Both types of application permit the creation of
development regulations specific to each use. To my knowledge, no new construction is proposed
on any parcel at this time - -with the exception that the Claffeys would like additional materials
storage on parcel 3, as mentioned earlier.]
Related to the Construction of Michael Drive:
Decide whether to require the following:
• a 60' ROW dedication with a 37' pavement section; or 31' pavement section
• utilizing the existing gravel as the required base materials; or new base material
• using either asphalt or concrete materials
• improving the entire roadway from Davis to the end of Michael Drive requiring a culvert
upgrade, or improve a portion of the roadway from Davis to the creek, requiring no culvert
upgrade.
Decide whether the City will participate in any way with the improvements.
Attached to this memorandum is a staff report, prepared by Shawn Poe, Capital Projects
Coordinator. In the report, he describes in greater detail each of the above - listed options and the
costs associated with each of them.
Should you have questions regarding the road construction issues, please call Shawn Poe at (817)
481 -5581, extension 846 and for zoning - related issues, please call me at extension 743.
KPG
M: \SHELLI \Michael Dr\MICHALDR.WPD
City of Southlake, Texas
MEMORANDUM
November 13, 1998
TO: Curtis E. Hawk, City Manager
FROM: Shawn Poe, Capital Projects Coordinator
SUBJECT: Michael Drive Cost Estimates
Attached are the cost estimates for the paving, water, and sewer improvements required
for Michael Drive in order to be in compliance with the City's standards. I included
several options for the paving improvements.
On page 1 of 8, the cost estimate is for paving a 31' wide (measured from back of
curbs) Michael Drive from Davis to the end of Michael Drive, which is approximately
1150'. This cost estimate is for asphalt paving and assumes that the existing gravel on
Michael Drive is adequate to use as the base material. On page 2 of 8, the cost
estimate is also for a 31' wide asphalt paved Michael Drive, but assumes that the on
site gravel is not adequate for base material. The cost estimate on page 3 of 8 is for
paving Michael Drive with concrete at the standard 37' wide cross - section for a 60'
ROW. The estimate assumes that the existing gravel is not adequate for the base
material. The cost estimates on pages 1 -3 also include constructing the ultimate culvert
across the creek that crosses Michael Drive.
The cost estimates on pages 4 -6 assume that Michael Drive will be paved from Davis to
the east side of the creek. Consequently, the cost associated with constructing the
culvert under Michael Drive is not included in these cost estimates. On page 4 of 8,
the cost estimate is for paving a 31' wide (measured from back of curbs) Michael Drive
from Davis to the east side of the creek, which is approximately 750'. This cost
estimate is for asphalt paving and assumes that the existing gravel on Michael Drive is
adequate to use as the base material. On page 5 of 8, the cost estimate is also for a 31'
wide asphalt paved Michael Drive, but assumes that the on site gravel is not adequate
for base material. The cost estimate on page 6 of 8 is for paving Michael Drive with
concrete at the standard 37' wide cross - section for a 60' ROW. The estimate assumes
that the existing gravel is not adequate for the base material.
The cost estimates for installing water and sewer to serve the development along
Michael Drive are shown on pages 7 and 8, respectively. If you have any questions,
please call me at extension 846.
cc: Bob Whitehead, Director of Public Works
m: \wd- files \memos \michael staff report.doc
MICHAEL DRIVE
XISTING GRAVEL BASE IS ADEQUATE
A150 LF of 31' B-B ASPHALT ROADWAY)
I
Pay Item) Description Approx. Qty. Unit Unit Price ' Total Price
1 Grading & prepare subgrade j 1 LS $5,000.00 $5,000.00
2 3" Type B Level -up HMAC 548 1 TN $66.00 $36,168.00
3 ! 3" Type D Surface HMAC 548 1 TN $67.00 $36,716.00
4 6" reinforced concrete curb 2300 j LF $18.00 $41,400.00
5 Three 10'x6' precast concrete box culvert 40 ; LF $1,500.00 $60,000.00
6 j Two 4'x7' concrete headwall j 2 EA $14,000.00 $28,000.00
7 Hydromulch / seeding 2500 SY $1.00 $2,500.00
8 Silt fence/Hay bale dikes for erosion control 1 LS $2,350.00 $2,350.00
9 Rebuild Existing Driveways 8 EA $1,000.00 $8,000.00
Subtotal $220,134.00
Eng., Surveying $33,020.10
Contingnecy (15 %) $33,020.10
TOTAL $286,174.20
1 of 8 11/13/98
MICHAEL DRIVE
'XISTING GRAVEL BASE IS INADEQUATE
1150 LF of 31' B-B ASPHALT ROADWAY)
J -
Pay Item! Description Approx. Qty. Unit Unit Price Total Price
1 Grading & prepare subgrade 1 1 LS 1 $5,000.00 $5,000.00
2 Pulverize, mix, & compact 6" existing surface 4250 ' SY , $12,750.00
3 Cement or Lime for stabilization 65 1 TN $110.00 i $7,150.00
4 3" Type B Level -up HMAC j 548 TN $66.00 I $36,168.00
5 1 3" Type D Surface HMAC 548 ' TN $67.00 $36,716.00
6 6" reinforced concrete curb 2300 LF $18.00 $41,400.00
7 Three 10'x6' precast concrete box culvert 40 LF $1,500.00 $60,000.00
8 Two 4'x7' concrete headwall 2 EA $14,000.00 $28,000.00
9 Hydromulch / seeding 2500 SY $1.00 $2,500.00
10 Silt fence/Hay bale dikes for erosion control 1 LS $2,350.00 $2,350.00
11 Rebuild Existing Driveways 8 EA $1,000.00 $8,000.00
Subtotal $240,034.00
1 Eng., Surveying' $36,005.10
j Contingnecy (15 %); $36,005.10
1 1 I TOTAL I $312,044.20
2 of 8 11/13/98
MICHAEL DRIVE
!
EXISTING GRAVEL BASE IS INADEQUATE
(1150 LF STANDARD 37' B -B CONCRETE ROADWAY)
! I ! !
Pay Item Description lApprox. Qty. Unit Unit Price 1 Total Price
1 ' Grading & prepare subgrade 1 I LS j $5,000.00 $5,000.00
2 ' Pulverize, mix, & compact 6" existing surface 5000 SY ! $3.00 i $15,000.00
3 i Cement or Lime for stabilization I 75 1 TN ' $110.00 I $8,250.00
4 7" Concrete roadway 4750 1 SY $80.00 $380,000.00
5 Three 10'x6' precast concrete box culvert 40 LF $1,500.00 $60,000.00
6 Two 4'x7' concrete headwall 2 ' EA $14,000.00 $28,000.00
7 Hydromulch / seeding 2500 SY $1.00 $2,500.00
8 Silt fence/Hay bale dikes for erosion control 1 LS $2,350.00 1 $2,350.00
9 Rebuild Existing Driveways 8 EA $1,000.00 $8,000.00
Subtotal $509,100.00
Eng., Surveying! $76,365.00
Contingnecy (15 %)i $76,365.00
1 j TOTAL 1 $661,830.00
3 of 8 11/13/98
MICHAEL DRIVE
EXISTING GRAVEL BASE IS ADEQUATE
j
(750 LF of 31' B-B ASPHALT ROADWAY from Davis to Creek)
I
Pay Item; Description Approx. Qty. Unit Unit Price Total Price
1 Grading & prepare subgrade 1 LS j $3,500.00 $3,500.00
2 3" Type B Level -up HMAC 395 TN 1 $66.00 $26,070.00
3 3" Type D Surface HMAC 395 TN $67.00 $26,465.00
4 6" reinforced concrete curb 1500 LF 1 $18.00 $27,000.00
5 Three 10'x6' precast concrete box culvert j 0 LF $1,500.00 L $0.00
6 Two 4'x7' concrete headwall 0 EA $14,000.00 $0.00
7 Hydromulch / seeding 1650 SY $1.00 $1,650.00
8 Silt fence/Hay bale dikes for erosion control 1 LS $1,350.00 $1,350.00
9 Rebuild Existing Driveways 4 EA $1,000.00 $4,000.00
Subtotal $90,035.00
Eng., Surveying $13,505.25
Contingnecy (15 %) i $13,505.25
1--- TOTAL; $117,045.50
4 of 8 11/13/98
MICHAEL DRIVE
XISTING GRAVEL BASE IS INADEQUATE
(750 LF of 31' B -B ASPHALT ROADWAY from Davis to Creek)
I
Pay Item Description Approx. Qty.l Unit) Unit Price j Total Price
1 Grading & prepare subgrade I LS $3,500.00 $3,500.00
2 Pulverize, mix, & compact 6" existing surface 2750 SY $3.00 i $8,250.00
3 1 Cement or Lime for stabilization 39 TN $110.00 $4,290.00
4 3" Type B Level -up HMAC 395 TN $66.00 $26,070.00
5 3" Type D Surface HMAC 395 TN $67.00 $26,465.00
t
6 6" reinforced concrete curb 1500 LF $18.00 $27,000.00
7 1 Three 10'x6' precast concrete box culvert 0 LF $1,500.00 $0.00
8 1 Two 4'x7' concrete headwall 0 EA $14,000.00 ; $0.00
9 Hydromulch / seeding 1650 SY $1.00 $1,650.00
10 Silt fence/Hay bale dikes for erosion control 1 LS $1,350.00 $1,350.00
11 Rebuild Existing Driveways 4 EA $1,000.00 $4,000.00
Subtotal ! $102,575.00
i
Eng., Surveying; $15,386.25
Contingnecy (15 %) $15,386.25
TOTAL $133,347.50
5 of 8 11/13/98
MICHAEL DRIVE
.XISTING GRAVEL BASE IS INADEQUATE
(750 LF STANDARD 37' B -B CONCRETE ROADWAY from Davis to Creek
Pay Item, Description j Approx. Qty.', Unit Unit Price Total Price
1 Grading & prepare subgrade 1 LS $3,500.00 r $3,500.00
2 Pulverize, mix, & compact 6" existing surface 3250 j SY j $3.00 j $9,750.00
3 Cement or Lime for stabilization 50 TN $110.00 $5,500.00
4 7" Concrete roadway 3100 S $80.00 ff $248,000.00
5 Three 10'x6' precast concrete box culvert 0 LF $1,500.00 $0.00
6 j Two 4'x7' concrete headwall 0 EA $14,000.00 $0.00
7 Hydromulch / seeding j 1650 SY $1.00 $1,650.00
8 Silt fence/Hay bale dikes for erosion control 1 LS $1,350.00 $1,350.00
-° 9 Rebuild Existing Driveways 4 EA $1,000.00 $4,000.00
Subtotal $273,750.00
Eng., Surveying $41,062.50
". Contingnecy (15 %) $41,062.50
1 TOTAL $355,875.00
6 of 8 11/13/98
MICHAEL DRIVE
WATER IMPROVEMENTS
ITEM NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
1 1 8" C -900 DR -18 PVC WATER PIPE 1 LF 1290 $17.50, $22,575.00
2 ; 8" GATE VALVE & VALVE BOX EA 1 $600.00 ' $600.00
3 1" WATER SERVICE EA 12 $400.00 $4,800.00
i
4 FIRE HYDRANT ASSEMBLY i EA 4 $1,350.001 $5,400.00
5 D.I. FITTINGS TON 1.5 $2,800.00: $4,200.00
6 2" BLOWOFF ASSEMBLY EA 1 $2,300.00! $2,300.00
7 12" x 8" TAPPING SLEEVE & VALVE EA 1 1 $2,600.00 $2,600.00
8 8" x 6" TAPPING SLEEVE & VALVE EA 4 $2,200.001 $8,800.00
9 CONNECT TO EXISTING SYSTEM , EA 1 $1,500.001_ $1,500.00
10 BORE FM 1938 LF 90 j $100.00 $9,000.00
11 _ TRENCH SAFETY LF 1150 $1.50 $1,725.00
M., 12 CONCRETE CY 5 $110.00 $550.00
I SUB- TOTAL: $64,050.00
ENG. & SURVEYINGI $9,607.50
I 1 15% CONTINGENCY' $9,607.50
TOTAL $83,265.00
7 of 8 11/13/98
MICHAEL DRIVE
'EWER IMPROVEMENTS
ITEM NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
1 8" SDR -35 PVC SEWER PIPE LF 1000 $26.00 $26,000.00
2 I STD. 4' DIA. MANHOLE EA 1 $2,500.00I $2,500.00
3 i SHORT 4" SERVICE E A r 6 $300.00 $1,800.00
4 LONG 4" SERVICE EA 6 $800.00 $4,800.00
5 ! CONNECT TO EXISTING SYSTEM EA j 2 $1,000.00, $2,000.00
w. 6 STD. CLEANOUT EA 2 $500.00 $1,000.00
7 j TRENCH SAFETY LF , 100 j $1.50 $150.00
8 EROSION CONTROL LS 1 $2,500.00 $2,500.00
9 EXTRA DEPTH FOR 4' DIA. MH VF 7 $250.00 $1,750.00
SUB -TOTAL $42,500.00
ENG. & SURVEYING $6,375.00
15% CONTINGENCY $6,375.00
TOTAL $55,250.00
ry
w;A
8 of 8 11/13/98
City of Southlake, Texas
MEMORANDUM
November 13, 1998
To: Curtis E. Hawk, City Manager
From: Bob Whitehead. Director of Public Works
Subject: Authorize the Mayor to enter into a professional services contract
with Freese and Nichols for the South Fork Kirkwood Creek
drainage improvements (including Runyan property and Shady Oaks
area)
Background
April of 1998. Southlake received from our engineers, Freese and Nichols, the Master
Drainage Plan Report — Phase I. This report:
• Assessed by data collection and problem identification the existing streams.
channels, and storm drain systems
• Provided an environmental overview
• Provided a priority ranking system, and
• Assessed funding strategies
The Phase I report ranked the main watersheds as follows:
1. West Jones Branch
2. Dove Creek
3. BB -6 (Headwater is Foxborough Subdivision, then south past
Rockenbaugh School and south under East Continental, east of Byron
Nelson)
4. South Fork Kirkwood Branch (Headwater is Shady Oaks/Highland,
thence north under Shady Oaks and Dove to Kirkwood)
5. BB -8 (Headwater is Southridge Lakes, then running south through
Ginger Creek Estates, Timber Lakes and Monticello)
6. BB -9 (Jellico Creek)
7. Higgins Branch (Cross Timber Hills north to Kirkwood)
8. Kirkwood Creek
10 b -1
Curtis E. Hawk, City Manager
Higgins Branch Drainage Improvements
November 13. 1998
Page Two
Phase II, or the development of individual drainage area master plans is programmed
over the next several years. The first plan authorized was for the east reach of West
Jones Branch, which runs from behind Wal -Mart north and east under North Kimball,
and Shady Lane to Lake Grapevine. This project is in the final design stage and should
be to Council January 1999.
Staff is planning to bring to Council on December 1 the proposed Stormwater Drainage
Utility System (SDUS) which is the proposed financing system for drainage
improvements.
The City's CIP identifies six drainage projects to be funded in the next two years.
Recommendation
The attached proposal from Freese and Nichols, Inc. is to master plan the South Fork
Kirkwood Branch. Staff recommends that Council authorize the Mayor to enter into a
professional services contract with Freese and Nichols for a fee not to exceed $79,500
for Task 1 which will develop "stream management alternatives" and prepare a "stream
management report". Please place this item on the Regular City Council Agenda for
November 17, 1998 for City Council review and consideration.
BW /ts
Attachment: Agreement
Map
MI:'wd- tiles'higgins branch memo.doc
10C -2
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF TARRANT
This AGREEMENT is entered into by City of Southlake, hereinafter called "OWNER" and Freese and Nichols,
Inc., hereinafter called "FNI ". In consideration of the AGREEMENTS herein, the parties agree as follows:
I. EMPLOYMENT OF FNI: In accordance with the terms of this AGREEMENT: OWNER agrees to
employ FNI: FNI agrees to perform professional services in connection with the Project; OWNER agrees
to pay to FNI compensation. The Project is described as follows:
Develop and implement a storm water management master plan and subsequent improvements for South
Fork Kirkwood Creek from the confluence ‘vith K:r:kwcod Creek to Durham Elemientar. School.
II. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth
in Attachment SC - Scope of Services and Responsibilities of OWNER which is attached to and made a part
of this AGREEMENT.
III. COMPENSATION: OWNER agrees to pay FNI a fee not to exceed Seventy-Nine Thousand Five
Hundred Dollars ($79,500), for all professional services rendered under this AGREEMENT in accordance
with Attachment CO - Compensation, which is attached hereto and made a part of this AGREEMENT.
[V. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth
as Attachment TC shall govern the relationship between the O \V ER and FNI.
Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone
other than OWNER and FNI, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be
for the sole and exclusive benefit of OWNER and FNI and not for the benefit of any other party.
This AGREEMENT constitutes the entire .AGREEMENT between OWNER and FNI and supersedes all prior
written or oral understandings.
This contract is executed in two counterparts.
[N TESTIMONY HEREOF, they have executed this AGREEMENT, the da\ of
1998.
ATTEST: CITY OF SOUTHLAKE
(OWNER)
ATTEST: FREESE AND NICHOLS, INC.
(FNI)
' �- /
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1 OC -3
ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the development of
the Project:
A. Introduction
The scope of bbork provides for t`•\,'o elements of or for: e South For Kirkwood Creek (31- ra:.. _
basin. 1 o I- effort provides Phase i _ sin. The initial �,��r.,, err r r� ,. es �:. II drainage master panning for this basin. Following the master
planning effort, the second task wii. be the deAelopmen- of contract documents for the irnpro\emen:s 3s
defined by the master plan for the stream reach extending from `Vest Highland Street upstream to the school
detention basin, or other segments as determined necessary. These two work elements will be identified as
Task 1 and Task 2.
B. Scope of Work for Task 1
1. Kick -Off Meeting
FNI proposes that prior to beginning the drainage master planning effort for this drainage basin, a
zeneral meeting be held with selected city staff and city officials to identify generally acceptable
drainage control concepts and solutions that may be implemented within the City of Sout.h!ake. These
ideas will be formulated into potential alternatives that can be further deve!oed for alternative
considerations.
2. Data Collection
Upon notice to proceed, FNI will obtain available drainage and associated data related to the drainage
basin from the City of Southlake, the Texas Department of Transportation ( TxDOT), and other entities.
Data needed includes, but is not limited to, property ownership, maps, easement descriptions, existing
or planned rights -of -way. plans for existing or planned improvements that may have a significant impact
drainage or drainage improvements within the basin.
State Highway I i t is currently being upgraded by TxDOT. FNI will meet with TxDOT to cb_a n
available data regarding their plans to modify the cross drainage system for this stream.
Field surveys will begin after notice to proceed, and will be used to supplement and verify the existing
Flood Insurance Study (FIS) stream computer models. Additional cross sectional surveys will be made
to extend the limits of the present FIS stream computer model. This new stream cross sections will
begin approxiimatel'. at Garden Court and extend up to the school detention pond.
3. Develop Drainage Basin Hydrological Models
FNI will develop computer models that reflect the SFKC drainage basin characteristics to determine
stream flow at various locations along the stream. Two basic models will be developed. One will
represent present day conditions. The second model will reflect ultimate development conditions based
upon the City of Southlake Land Use Plan, dated January 20, 1998. A hydrological model reflecting
existing conditions will be useful to the City of Southlake in case modifications or changes are
necessary to the Federal Emergency Management Agency (F EMA) maps. The ultimate conditions
FNI
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10C -4
model will be utilized in the drainage master planning effort to identify improvements to meet these
eventual ultimate ranort r.di :ors
Flow regimes with return frequencies or 2, 5. iu , 25, 50. 100 and 500 years will be determined with
both models.
4. Develop Stream Hydraulic Models
We will utilize the existing FIS hydraulic model for SFKC that extends from the confluence with
Kirkwood Branch upstream to approximately Garden Court. Surveyed stream cross sections will be
added to supplement definition of the stream section and to verify the accuracy of the original model.
It is anticipated that approximately 10 additional sections will be added to the existing 1.8 mile stream
model. The existinz model ill be evaluated and compared to exiS _ - .t Ong d er n ake
any adjustments that may be necessary to ,et:ect present conditions.
Beginning, at Garden Court, the stream model will be extended upstream utilizing the new surveyed
cross sectional data. Approximately 30 additional cross sections will be utilized.
The resulting 2.56 mile long SFKC model will reflect existing conditions throughout the study reach.
It will become the base model to evaluate the various stream management alternatives that will be
considered.
5. Develop Stream Management Alternatives
The SFKC drainage basin was divided into seven stream reaches during the Phase I Master Drainage
Plan report. Each of these seven stream segments represent somewhat independent characteristics
identified along each reach. Stream management alternatives w ill address each of the stream segments.
Our goal is to identify a range of stream management alternatives that are considered acceptable to the
community as well as finding acceptance with environmental agencies. A maximum of three (3) stream
management plans will be developed that will generally range from a minimum to a maximum level
of structural improvement to meet the flood control objectives.
Community involvement is recommended in order to obtain citizens' input. We propose to have two
(2) meetings with citizen groups to better understand their knowledge of problems along the stream.
\Ve will :resent typical solutions that could he implemented and receive their comments about stream
management in general.
Environmental agency approval of stream improvements will likely be required on larger scale channel
improvements. We will coordinate with our environmental science staff to develop alternatives for
consideration that we believe will be found acceptable to the agencies.
Each stream segment alternative within each stream management plan will be evaluated to:
the e . eI flood r I needed g the limits is n f the l 50 and l00-:,ear
a. Determine t� e 1 _� of ocd ..ant o n�....e.. b, comp�.rin .. . mi.� h 0,
t,.cds for existing stream ,ersus ultimate de'.elapment
b. Determine the number of inhabitable structures removed from the flood plain. It may be necessary
after developing the ultimate hydrology and hydraulic models to survey finished floor elevations
of impacted structures to evaluate flood control. We have assumed ten (10) structures will be need
to be surveyed to determine structural protection.
c. Determine need for erosion control.
d. Determine the probable environmental acceptability of the management alternative by regulatory
agencies
FN I
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10C -5
Determine the preliminary estimate of probable project cost. Land values will be based upon
information available from the Tarrant County Appraisal District.
These factors will be rated for each stream management plan to determine the best ranked alternati'.e
for application. One meeting (1) will be held with city staff members to review the results of the stream
management alternatives and receive comments.
6. Prepare Stream Management Report
A drainage master plan report will be prepared that describes the stream, stream segment characteristics
and the stream management plans studied. Appropriate hydrological and hydraulic data shall be
provided along with maps indicating the flood limits before and after each management plan is applied.
The report will summarize. :he selection process. and a stream management plan for SCL. _ rk
Kirkwood Creek will be recommended.
Four (4) copies of the "Draft" South Fork Kirkwood Creek Drainage Master Plan will be delivered to
the city for review. One (1) review session will be held with city personnel to receive review comments.
Fifteen (15) reports will submitted to the city for distribution to the City Council.
7. Review with City Council
The South Fork Kirkwood Creek Drainage Master Plan will be presented to the City Council at one (1)
session. Final adjustments to the report will be made based upon council's direction. Fifteen (15) final
copies of the report will be delivered to the City of Southlake.
C. Scope of Work for Task 2
1. Field Surveys
Depending upon the identified storm water management plan, the survey effort can be tailored to meet
the requirements for development of engineering plans. Concurrent with the field survey for
engineering design, the surveyor will identify property corners, landowners, existing easements and etc.
For engineering purposes the following survey data are anticipated:
a. Topographic maps (1' contour interval) of stream segments.
b. Existing drainage facilities, roadways, select trees (4" diameter and larger). fences. and ether
features that will influence drainage characteristics.
c. Existing building locations and finished floor elevations for those facilities that may be near the
stream area and considered potential for flood damage.
d. Locate existing, utilities and utility easements.
e. Property owners and property corners.
In addition, an archeological survey, as required for permitting, will be performed for the stream
egments along which improvements i11 be made.
Preliminary Plans
Prepare preliminary engineering drawings for the planned improvements. Plans will be completed to
approximately a 40% level of completion sufficient for city review and to generally identify the scope
of the project. Engineering plans will be coordinated with the Corps of Engineers (COE). Three (3)
sets of full size preliminary drawings and a preliminary estimate of probable construction cost will be
submitted to the city for review. One (1) meeting with the city will be held to review the proposed
improvements and receive comments.
FNI
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3. Easements
De e opment of easement ie?al descriptions will begin immediately after the preliminary plan ;:`. iew
: mee:Ina with the city.
4. 404 Permit Application
Depending" upon the identified storm water management plan elected, a Section 404, individual permit
may be required. If an individual 404 permit is required, FNI will prepare the Section 404 application
for an Individual Permit (ENG FORM 4345). The application will include the name and address of the
applicant, description of the proposed activity, discussion of the purpose for the proposed project,
description of the limits of impacts to waters of the U.S.. names and addresses of adjoining property
_,,,, ers (this information is to be provided by O`.Lne"- - .1escription of Later body. appr _ ate
and the preliminary plans.
FNI's environmental scientists will assist Owner in identifying project design enhancement features
along the limits of the proposed project. Enhancement measures include such items as providing" natural
structures within the confines of the stream channel, routing low flows through bypassed natural
channels, recommending trapezoidal earthen banks where feasible, etc.
The permit application will include text and figures appropriate for the public notice. The public notice
text/figures will be included as an attachment to the Individual Permit application. The intent of this
attachment is to provide the COE with the pertinent information for the public notice in a format that
will require minimal revision, thereby, expediting the COE's process time for the public notice.
The draft permit application will be submitted to Owner For review prior to submittal to the COE.
tte 7 to Ow ner's comments will be incorporated into the final perm and it application a submitted t� th e COE. E
�. or
to Owner for submittal to the COE, within 10 days of receipt of the Owner's comments.
a. Meet with Owner
FNI will attend one (1) meeting with Owner to discuss the permit application. It is intended that
this meeting will occur after Owner has reviewed the draft permit application. Comments from
Owner will be received at this time. FNI will then prepare the final permit application for
submittal to the COE.
5. Final Desi zii
Based upon the City's comments and the preliminary comments from the COE and other agencies, FNI
will begin preparation of final engineering documents suitable for advertisement of construction. It is
anticipated that the preliminary review comments from the regulatory agencies will allow concurrent
final design and development of the construction documents. If necessary, the plans will be modified
to reflect the elements of the approved 404 Permit. Specifications will be based upon the North Central
Texas Council of Government Standard Specifications.
Three i 3 full size drawings and specifications will be submitted to the Cif,. of Southlake for re'. iew.
Following one (1) review session with city staff to receive comments, one (1) set of reproducible final
plans and specifications will be completed and submitted to the City of Southlake for advertisement by
the city. A final estimate of probable construction cost will be provided to the city.
FNI
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1 OC -7
6. Advertisement, Bid, and Award of Contract
N1 w ;Ii assist :he city during this phase bv:
a. Answering questions from contractors and suppliers.
b. Attending one (1) pre -bid conference.
c. Attending one (I) bid opening and assist with preparation of the bid tabulation.
d. Making recommendations for contract award.
7. Construction Administration
Assist Owner in conducting one (1) pre - construction conference with the Contractor(s). review
_cnstruct.on schedules prepared the Cor.t -a,..o 's p to the _ _.._ _,n,., lctor.
_cnt "act. aid pepare.. a p,ropos. d estimate. : or .? ^. 1;` lash requirements ._r the Pr ct. ^Ni shall
urnish six (6) full size s.Es nal plans ner masked 'For 'Const _...t:.,. .
Make up to nine (9) visits to the site to observe the progress and the quality of work and to attempt to
determine in general if the work is proceeding in accordance with the Contract Documents. If FNI is
requested to visit the site more than 9 times, the requested visits shall be considered an Additional
Service and FNI shall be entitled to additional compensation.
In performing the services outlined above, FNI will endeavor to protect Owner against defects and
deficiencies in the work of Contractors and FNI will report any observed deficiencies to Owner;
however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI
responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible
,or the means, methods. techniques. sequences. or procedures o[construction selected the Contractor,
or an safety precautions and programs relating_ in any tray to the condition of the premises. the work
of the Contractor or any Subcontractor. ENI shall not be responsible for the acts or omissions of any
person (except his own employees or agents) at the Project sites or otherwise performing any of the
work of the Project.
Review samples, catalog data, schedules, shop drawings, laboratory, shop mill tests of material and test
equipment, and other data pursuant to the Construction Contract.
Interpret intent of the plans and technical specifications for Owner and Contractor and prepare change
orders as needed to clarify the intent of the plans and specifications.
Prepare monthly and final estimates, based on quantities provided by the Cit<a inspector, utilizing the
estimate forms provided by Owner, pursuant to the Construction Contract.
Change Orders shall be prepared when required to reflect a change of construction scope.
Conduct. in company with Owner's representative, a final review of the Project for conformance with
e deg;n _oncept of the Project and general Com.p llance with the Contract Documents. and review and
,.,,..meat , Thn the eertificat_ :o n p.`ricn and ,. da-..c.n. for F r-1 tl:t
Contractor(s).
Revise the construction drawing in accordance with the information furnished by construction
Contractor(s) reflecting changes in the Project made during construction. One set of reproducible prints
of "Record Drawings" shall be provided by FNI to Owner.
FNI ' - --
rari:OFF98050(R: CONTRACT .1998`,CONTRACTSLAKESWMM.WPC OWNER
10C -8
ARTICLE II
ADDITIONAL SERVICES: Additional Seri ...es to be performed by FNI. if authorized by Owner. w. hich are not
included in the above described basic services. include, but are not limited to the follow in :
A. Preparing the application and follow -up coordination with the Federal Emergency Management Agency
(FEMA) for a Conditional Letter of Map Revision (CLOMR).
B. Preparing applications and supporting documents for government grants, loans, or planning advances, and
providing data for detailed applications.
C. Providing full time site inspection during, construction of the Project.
D. err rn in'? lesii7ns r trench save v and .etainin'z `.walls. etc.. not included in the abc\e Score Services.
E. Revisions to plans as a result of design modifications requested by Owner or by the contractor after
completion of original final design (unless to correct error on original plans).
F. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or
condemnation proceedings arising from the development or construction ofthe Project, including preparation
of engineering data and reports for assistance to Owner.
G. Assisting Owner in claims disputes with Contractor(s).
H. Assisting Owner in the defense or prosecution of litigation in connection w ith or in addition to those services
.:cntemplated by this Agreement. Such services, if any, shall be furnished by FNI on a fee basis negotiated
the respective parties outside of and in addition to this Agreement.
I. Providing environmental support services, including the design and implementation of ecological baseline
studies, archeological surveys, environmental monitoring, impact assessment and analyses, permitting
assistance other than listed in the above Scope of Services, and other assistance required to address
environmental issues.
1. Geotechnical investigation of subsurface conditions.
R. .Attendint. homeowners and;'or Council meetings other than those described in the Scope of Services.
including preparation of all displays, reports, or other data for use at such meetings.
L. Preparing plans andior specifications related to the relocation of utilities.
ARTICLE III
TIME OF COMPLETION: F'.\+I is authorized to commence work on the Project upon execution of this
AiR EMENT and su'T,eSt3 the, t, 1ICL'v!;'i'� sca In :rder to meet the anti . :ed 5. N. rnen75.
Data Collection & Survey 40 Days After Notice To Proceed
Hydrology /Hydraulic Analysis 70 Days After Notice To Proceed
Stream Management Analysis 100 Days After Notice To Proceed
Plan Development 130 Days After Notice T. Proceed
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ARTICLE IV
RESPONSIBILITIES OF OWNER: Owner shall perform the folio \ving in a timely manner so as not to deia :,
the services of FNI:
A. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous
reports and any other data relative to design or construction of the Project.
B. Examine submittals from FNI within a reasonable time so as not to delay the services of FNI.
C. Bear all costs incident to compliance with the requirements of this Article III.
RT L E V
ENGINEERING FEE: Because of the indeterminacy of the effort for the latter phases of this project, the
engineering fee for only Task 1 is provided in Attachment CO. Fees for Task 2 will be submitted to the OWNER
for approval
ARTICLE IV
RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay
the services of FNI:
D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous
-eports and any other data relative to design or construction of the Project.
E. Examine submittals from FNI within a reasonable time so as not to delay the services of FNI.
F. Bear all costs incident to compliance with the requirements of this Article III.
ARTICLE V
ENGINEERING FEE: Because of the indeterminacy of the effort for the latter phases of this project, the
en.7ineering fee for only PHASE I is provided in Attachment CO. Fees for Phases II. III, and IV will be submined
to the OWNER for approval near the completion of Phase I.
FNI —
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ATTACHMENT 00
COMPENSATION
Not to Exceed: T-_ .aai `ee'cr Bask Sernces r - -acrmert 3C :re!! pe c.,.. cu = :r. 3 cost plus pass acccre.rg c the
3c, cr Charges :Lt shad ^.ct exceed Seventy-' Thousand Five rl.rd ec Cctlars ;3 ;5 7NI saes :he Scope cr
those ^=<_cr as a4ditcrai
_ . es :hanging at add ^ai sarr ces are _pe rc cdir.g u , t imi ., Asa .err,cas
_eh cas 33 asp cep r .A;:ac SC. FNI 'mil .c ai G \d`iNER tor 0 i iNE. s 30_ tetra :rcce_c.r A0d!ticra
en: •ce_ shad oe :„mCL:ed eased cn the 3cheduie :' . 'arges.
3. Schedule of Charges for Additional Work:
POSITION MIN MAX
PRINICIPAL 154.28 191.71
SENIOR CONSULTANT 76.06 224.34
, ,1ANAGE.R- SPANCH OFFICE 117.02 '50.54
:RC 1 _3 , `.1, 36.39 53 _
SP, : ::93.P _E.:,ER '4 -__
213;3 r-_.NE __. DE.R 34 13 149 ,
i 33 4C s •3
ENGINEER V 90.43 :433
ENGINEER IV 79.46 99.13
ENGINEER INTERN III 67.10 35.36
ENGINEER INTERN II 60.13 76.04
ENGINEER INTERN I 53.13 66.01
ELECTRICAL ENGINEER INTERN III 68.92 90.46
ELECTRICAL ENGINEER INTERN 11 51.27 67.29
MECHANICAL ENGINEER V 81.16 106.52
MECHANICAL ENGINEER IV 74.66 98.00
MECHANICAL ENGINEER INTERN III 72.69 91.76
RESIDENT ENGINEER 92.58 121.50
SENIOR RESIDENT REPRESENTATIVE 72.37 92.73
DESIGNER II 66.54 100.72
DESIGNER I 60.05 74.08
SENIOR ENGINE ERING TECHNICIAN 75.96 36 71
?iaNE=RING TECHNICIAN 59.76 77 33
_ HN:CIAN II 51.47
.CIAN I 43.32 53.42
3P.4F -ER 43.13 43.31
ES7'AIATOR /SCHEDULER 49.47 51 34
CONSTRUCTION SERVICES ADMIN ASST 39.91 49.76
DOCUMENT CONTROL CLERK 39.31 49.13
ENVIRONMENTAL SCIENTIST VII 87.94 109.92
ENVIRONMENTAL SCIENTIST V 73.97 92.46
ENVIRONMENTAL SCIENTIST IV 71.05 83.18
ENVIRONMENTAL SCIENTIST III 58.79 53.24
ENVIRONMENTAL SCIENTIST II 55.29 31.49
ENVIRONMENTAL SCIENTIST I 40.30 48.73
SENIOR ARCHITECT: 103.26 129.07
ARCHITECT t✓ 34.90 06.13
TECT ill 66.50 33 25
� RCrITE CT I1 54.75 63.44
RCLCGIST:I/ 5553 7 2 33
:F0GEOLCGIST 74 32.37
iORD PROCESSING 38.12 44 33
OPERATIONS ANALYST 56.74 32.57
CONTRACT ADMINISTRATOR 39.38 49.35
INFORMATION SERVICES CLERK 38.29 44.27
CO -OP 17.00 38.20
The ranges and individual salaries will be adjusted annually.
RATES FOR iNHCUSE SERVICES
Computer and CAC Calcomo Plotter
RC 0.= 2 3tarcrs 5 • . :0 per hour Bond 52.0 per plot
-=',' ..:..:r; per :cur 2oicr 33.50 per plot
i,= Computer 330 70 per ,cur Vellum 54.2C per plot
My!ar 310.00 per plot
Print Shop
31ueiines 50.08 per square foot
Offset and Xerox Copies 50.07 per single side copy
Offset and Xerox Copies 50.14 per double side copy
GBC Binding(Reg. Cover) 52.00 per book
G8C 3irding(Embcss. Cover) 54.00 per bock
`ace 3irding(Reg. Cover) 31.75 per book
'ace 3:rdirg(Emecss over) 53.75 per bock
7"3stinq Apparatus
`,later 30.3.2 20 per wort
33a 22:__acr. 3 CC per lest
OTHER DIRECT EXPENSES
, ?trier 1,rect expenses are reimbursed at actual cost umes a muitfplier of 115 They Include outside prmung and reproduction
:xoense. communication expense, :ravel. transportauon and subsistence away from Fort Worth and other miscellaneous
- ,xpenses directly related to the work, including costs of laboratory analysis, tests. and other work required to be done by /
•nueoendent persons other Ilan itarFmembers. r
FNI " -� *`
cpm:34 03 -31 -98
10C -11 OWNER '
ATTAC }LENT TC
8 -20 -96
TERMS AND CONDITIONS OF AGREEMENT
I. DEFINITIONS: The term Owner as used herein refers to of S=-Lt-1
The term FNI as used herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their
employees and agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant
to the AGREEMENT.
2. CH.AiNGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK
required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change
under this clause causes an increase or decrease in FNI's cost of, or the time required for, the performance of any part of the
Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT
rnodif.ed in W-..ing accordingly.
sera ices u may ,
3. TERMINATION: Jbl:
1::.. 'd3t:LP, :G 3r;'l;Cc' P.Cer �. :j .�L_�C.-_i.�r�� -L , .,�.........:;atc'C ..i..e, party ^.Cn
ten days' written notice. In the event of termination, F. 1 Will be paid Ior all services rendered and reimbursable expenses
incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination.
4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability,
warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss of use of
the equipment or system, loss of anticipated profits or revenue, non - operation or increased expense of operation or other
equipment or systems.
5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information
pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI
shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design
criteria. drawings, specifications cr other information furnished by Owner and Owner agrees to indemnify and hold FNI
harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. ENT shall disclose to
Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information
furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof.
6. INSURANCE:FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage
(All limits in thousands):
Commercial General Liability Workers' Compensation
General Aggregate $2,000 Each Accident S500
Automobile Liability (Any Auto) Professional Liability
CSL S1,000 S3,000 Annual Aggregate
7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that
any subcontractor for FNI is incompetent or undesirable, Owner will notify FNI accordingly and FNI shall take
immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same
regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor
and Owner.
3. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution
of the Services provided under this AGREEIIEN T shall be the propem of the Owner upon payment of FNTs fees for
services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to
be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner
without written verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to
FNI, or to FM's independent associates or consultants, and Owner shall indemnify and hold harmless FNI and FNI's
independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising
out of or resulting therefrom. Any such verification or adaptation will entitle FNI to further reasonable compensation.
FNI may reuse all drawings, report data and other project information in the execution of the Services provided under
this AGREEMENT in FNI's other activities. Any reuse by FNI will be at FM's sole risk and without liability or legal
ex :sure to Owner, and FYI shall indemnify and hold harmless Owner From all claims, damages. losses and expenses
.nciuding a:tcmeys' fees arisir.; out of or resulting therefrom.
FNI -.
OWNER"
10C --1
9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor
contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous
substance or condition at the site. if any. and its compensation hereunder is in no way commensurate with the potential
risk of injury or loss that may be caused by -exposures :o such substances or conditions. The parties az.ee that in
ono Services re y At T FM does not take possession or .;ontroi of the subject site, but
per`iiQrT1L ♦_. �L2 C� JiC.�.� l��uid �.. l� this `.�E 1L.r 1,
a cts as an invitee in performing the services. and is act therefore responsible for the existence of any pollutant present
on or mi2ratina from the site. Further. NI shall have no responsibility for any pollutant duritg clean-_p, transportation,
storage or disposal activities.
10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on
present day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations,
feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance
costs prepared by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's
judgement as an experienced and qualified design professional. It is recognized, however, that FNI dces not have control
over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors'
methods ofdeterm Wing their prices.
l.. CONSTRUCTION REPRESENTATION: If ._.u: .c , to AGREE` -PENT. F' wi_. Ccnst:acnion
Representation according :0 the detj12c scote for these seriices. FM will JCs2nie the Crc'gress and guaiir of work
to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these
services, FNI will endeavor to protect Owner against defects and deficiencies in the work of Contractor; FNI will report
any observed deficiencies to Owner, however, it is understood that FNI does not guarantee the Contractor's performance,
nor is FNI responsible for the supervision of the Contractor's operation and employees. FN. shall not be responsible for
the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety
precautions and programs incident to the work of the Contractor. FNI shall not be responsible for the acts or omissions
of any person (except his own employees or agent) at the Project site or otherwise performing any of the work of the
Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a FNI's
employee or FM's agent, the duties, responsibilities and limitations of authority of such Resident Project
Representative(s) will be set forth in writing and made a part of this AGREE;V[ENT before the Construction Phase of
the Project begins.
12. PAYMENT: Progress payments may be requested by FNI based on the amount ofservices completed. Payment for
the services of FNI shall be due and payable upon submission of a statement for services to OWNER_ Statements for
services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services,
expenses, and charges by any governmental body after the execution of this AGREEMENT will be added to FNI's
compensation.
If OWNER fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's
statement for services therefore, the amounts due FNI will be increased at the rate of one percent (1%) per month from
said thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to OWNER. suspend
services under :his AGREEVON T until FNI has been paid in full, all amounts due for services, expenses and charges.
13. ARBITRATION: No arbitration arising out of, cr relating to, this AGREENENT involving one ^v to this
AGREEMENT may include the other party to this AGREEMENT without their approval.
14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and FM are hereby bound to the other party to this
AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of
such other party, in respect of all covenants, agreements and obligations of this AGREEMENT.
- tither OWNER nor FN1 :N1 sail assi'n . sublet or rarsfer any rizhis under or interest in (ncludin, but without limitation,
moneys that may become due or rncce'.s that are due) this AGREENONT without he'.vritten consent of he ct er except
to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will
release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this
paragraph shall prevent FNI from employing such independent associates and consultants as FNI may deem appropriate
to assist in the performance of services hereunder.
15. PURCR4SE ORDERS: If a Purchase Order is used to authorize FNI's Services, only the terms, conditions: nstructions
pe'd on the face of :he Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the
? ' ' Order GREE\ONT. then this AGREEMENT shall prevail and shalt be determinative
. _n as 2 � �2r 3P.4 the 'er.T.S of this . a.. �.: �.. +�-�•
of :he ccnfict.
10C -13
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