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1994-03-01 CITY OF SOUTHLAKEv TEXAS 667 NORTH CARROLL &VENUEv SOUTHLAKE REGULAR CITY COUNCIL NEETING N~RCH l~ 1994 NINUTES COUNCILNT~BERS PRESENT~ Mayor Gary Fickes; Farrier; Deputy Mayor Pro Tem Barry Emerson. Evans, Stephen Apple, and Jon Michael Franks. Mayor Pro Tem Jerry Members: W. Ralph COUNCILMEMBER ~BSENT: Andy Wambsganss STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Rice, Assistant City Manager; Billy Campbell, Director of Public Safety; LouAnn Heath, Director of Finance; Bob Whitehead, Director of Public Works; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; Eddie Cheatham, Consulting Engineer; Ron Harper, City Engineer; Wayne K. Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember W. Ralph Evans. WORK SESSION: The Work Session began at 6:30 p.m., where Councilmembers and Staff present were able to review agenda items for tonight's meeting. The Regular City Council meeting was called to order by Mayor Gary Fickes at 7:00 p.m. A~enda Item #i-B. Executive Session. Mayor Fickes advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076, of the Open Meetings Act, to seek the advice of the city Attorney with respect to pending and contemplated litigations, to discuss the purchase, exchange, lease or sale of real property, and to consider the appointment and evaluation of public officials, and regarding the deployment of specific occasions for implementation of security personnel or devices. Council adjourned into executive session at 7:05 p.m. Council returned to open session at 8:00 p.m. Aqenda Item ~1-c, Action Necessary/Executive Session No action was necessary as the result of the executive session. Regular City Council Meeting Minutes March l, 1994 page two Aoenda Item ~2, Approval of the Minutes;February 15, 1994 Meetinq. The Minutes of the February 15, 1994, approved as discussed in work session. Motion: Emerson Second: Franks Ayes: Emerson, Franks, Evans, Apple, Nays: None Approved: 6-0 vote City Council meeting were Farrier, Fickes &oenda Item #3. Mayor's Report Mayor Fickes invited the audience to attend the Town Hall Meeting to be held on March 3, 1994, at 7:00 p.m. in the auditorium of Johnson Elementary School. The purpose of the meeting is to introduce to the citizens of Southlake, the Southlake Program for the Involvement of Neighborhoods (SPIN). Mayor Fickes indicated that City staff has been working on this program for almost one year, setting the ground work for the program. Mayor Fickes also reference the General Election to be held in $outhlake on May 7, 1994, informing the audience that the positions of Mayor and Councilmember Place 2 are up for re-election. Applications for filing for these positions will be accepted until March 23, 1994, at 5:00 p.m. in the Office of city Secretary. Agenda Item ~4, City Manaqer's Report. The city Manager, Curtis Hawk, informed Council and the audience that a joint meeting of the City Council and Carroll School Board will be held on March 8, 1994 at 7:00 p.m., in the Council Chambers of City Hall. Item $5. Consent Aoenda The Consent agenda consisted of the following items: 5-A. ZA 94-13, Plat Vacation, Greenway Industrial Park. 5-B. Award of Bid for one (1) Diesel Tractor, Four Wheel Drive with Turf Tires, for use in the Parks Department. Authorizing the City Manager to execute a Renewal Contract with the Fort Worth Star-Teleqram for Legal Publications. Change Order No. 1 with Bil-Mik, Inc. to Construct a six- inch water line extension along T.W. King Road from Bob Jones Road North to Westpark Loop. Regular City Council Meeting Minutes March 1, 1994 page three Aaenda Item #S, Continued Motion was made to approve the Consent Agenda including items #5-A, #5-B, #5-C, #5-D. Motion: Apple Second: Evans Ayes: Apple, Evans, Franks, Farrier, Emerson, Fickes Nays: None Approved: 6-0 vote Addition Information on Consent Items. 5 -a · The plat of Greenway Industrial Park was filed for record in January, 1974, but the development was never constructed. John E. Papagolos, developer, as made application to vacate the plat, so that the property may then be platted as Hillcrest Estates, a proposed single-family residential addition. 5-B o The City Council authorized the purchase of a diesel tractor at this February 1, 1994 meeting. Three bids were received and two met the minimum standards required by the specifications. The bid from Saginaw Implement did not meet specifications since the turf tires on the equipment are not compatible with a front-end loader. Staff recommends the award be made to Zimmerer Kubota at $15,178.00. Funds for the purchase of the tractor are included in the 1993-94 budget at $16,000.00. The current contract for the city's legal publication has expired. The Fort Worth Star Teleqram is the legal publication as it meets the requirements of the City of Southlake Charter and the State Statutes. The rates have slightly increase over the past year, however, are still considerably lower than those of the Dallas Morninq News who also qualify as a legal publication. The new rates are described in the contract. 5-D o Change Order No. i with Bil-Mik, Inc. to construct a six-inch water line extension along T.W. King Road from Bob Jones Road north to Westpark Loop, was approved. The Westpark Water Corporation, holder of a Certificate of Convenience and Necessity (CCN) for the Westpark area, have asked the City to provide the public water service to their customers. Bil-Mik, Inc. is currently under contract with the City for Water System Improvements on South Peytonville and West Continental Blvd., and staff recommends they be awarded the Change Order No. 1, which would add $49,961.50 to their current contract of $225,114.90 for a total contract of $275,076.40. Regular city Council Meeting Minutes March 1, 1994 page four Agend& Item #6~ Publio Forum No comments were received during the public forum. &aend& Item #X0-&. Interlooal &areement with C.I.S.D. for PertioiDetlon in Peer Mediation Proaram. The City Manager, Curtis Hawk, stated the Peer Mediation Program, when implemented, will be another step in improving the quality of life in our community. The program is established to resolve potential conflicts through student generated responses to problem- solving situations which eliminates the need for intervention by the criminal justice system in most instances. This ultimately could save considerable tax dollars, and could help to avoid the adverse impact of confrontations witnessed on campuses in other communities across the metroplex. The Peer Mediation Team is recommending that the city and CISD share the cost of the program, and it is estimated that the cost would not exceed $10,000. The City's portion of $5,000 could come from the Teen Court line item in the Municipal Court budget, supplemented with funds allocated for professional services. The CISD Board of Trustees approved this Interlocal Agreement at their February 28, 1994 meeting. Bill Low, 3111 Woodland Drive, Southlake. Mr. Low explained that Peer Mediation is a choice, which will not only help students, but parents alike. Judy Gilmore, Vice-Chairman of CISD. Mrs. Gilmore stated the program is for conflict resolution, which gives the students the option to resolve their problems. Councilmember Apple stated this is not an expense, it is an investment. Mike Murphy, Assistant Superintendent for CISD, stated the process for implementation is to use Dispute Mediation Service to do the initial training. The cost will provide training and follow-up through the first year. The program is recommended for grades 4 through 12, and will be implemented in all schools in the district. Six adults from each campus will be trained, with one person from each campus being from the citizenry. Regular City Council Meeting Minutes March 1, 1994 page five &qenda Item #10-A. Continued Motion was made to approve the Interlocal Agreement between the CISD and the City for Peer Mediation Program. Motion: Emerson Second: Apple Ayes: Emerson, Apple, Evans, Farrier, Franks, Fickes Nays: None Approved: 6-0 vote Councilmember w. Ralph Evans stepped down for item #7-A Agenda Item #7-A, Ordinance No. 480-110. 2nd readina {SA 94-01) Ordinance No. 480-110, 2nd reading (ZA 94-01) is a request for rezoning and Concept Plan request for 15.49 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, being a portion of Tracts 2A, 2B, and 3D1. Current zoning is "AG" Agricultural, with a requested zoning of "CS" Community Service District. Owner: City of $outhlake. Karen Gandy, Zoning Administrator, noted that nine (9) notices were sent to property owners within 200' and to date the following responses have been received: One opposed (within 200' notification area) Lisa Bailey, Francis Nathan, 535 Love Henry Court. Two in favor (within 200' notification area) John and Kim Campbell, 498 Love Henry Court, and Marion Truelove, 323 Madison, McGregor, Texas. One in favor (outside the 200' notification area) Harold Anis, North side of Love Henry Court. The City of Southlake is requesting to rezone for the expansion of the Bicentennial Park. The City requests that required east, south, and west Bufferyards be waived and that a "Fl" Bufferyard be substituted for the required Bufferyard "C" along the north property line. The "Fi" Bufferyard exceeds the required Bufferyard "C" and includes 6' wooden fence. No comments were received during the public hearing. Motion was made to approve Ordinance No. 480-110, 2nd reading, subject to the second Plan Review Summary dated February 11, 1994. Motion: Farrier Second: Franks Mayor Fickes read the caption of Ordinance No. 480-110 Ayes: Farrier, Franks, Emerson, Evans, Apple, Fickes Nays: None Approved: 6-0 vote Regular city Council Meeting Minutes March 1, 1994 page six Counoilmember W. Ralph Evans returned to Council table. Aaenda Item #7-B. Ordinance No. 480-111, 2nd readinq (ZA 94-02). Ordinance No. 480-111, 2nd reading (ZA 94-02) is a rezoning request for 6.0 acres situated in the M. Mahaffey Survey, Abstract No. 916, Tract 4. Current zoning is "AG" Agricultural District with a request for "SF-1A" Single Family-lA Residential. Owners/Applicants: Peter and Julie Landesberg. The Zoning Administrator, Karen Gandy, noted the applicants are requesting to rezone the property to develop one single family residence. Seven (7) notices were sent to property owners within 200' and to date one (1) response has been received from Harold Knight who was in favor. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 480-111, 2nd reading. Motion: Emerson Second: Franks Mayor Fickes read the caption of Ordinance No. 480-111. Ayes: Emerson, Franks, Evans, Farrier, Apple, Fickes Nays: None Approved: 6-0 vote Aaenda Item #7-C. Ordinance No. 480-112. 2nd readina (ZA 94-06). Ordinance No. 480-112, 2nd reading (ZA 94-06) is a rezoning request for 9.998 acres situated in the J.G. Allen Survey, Abstract No. 18, Tracts 4G and 4Gl. Current zoning is "AG" Agricultural District, with a request for "SF-1A" Single Family-iA Residential. Owner: Ruby Slayton. Applicant: Charles Slayton. Karen Gandy, Zoning Administrator, noted nine (9) notices were sent to property owners within 200' and to date three (3) responses have been received. Two in favor: Jerry Hall, 2620 W. Southlake Blvd., and Douglas Beavers, 2271 Union Church Road. Opposing: E. John Keller, 2906 W. Southlake Blvd. NO comments were received during the public hearing. Motion was made to approved Ordinance No. 480-112, 2nd reading. Motion: Apple Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Apple, Evans, Franks, Farrier, Emerson, Fickes Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes March 1, 1994 page seven &aen~a Item ~7-D, Or4inanoe No. 579, 2n4 readlnq, Truok Route. Director of Public Safety, Billy Campbell, presented Ordinance No. 579, Truck Route/House Moving Ordinance for second reading, stating there have been no changes in the ordinance since first reading. The ordinance governs large and heavy vehicular traffic through the City of Southlake. The public hearing resulted with no comments. Motion was made to approve the 2nd reading of Truck Route. Motion: Franks Second: Apple Mayor Fickes read the caption of Ordinance No. Ayes: Franks, Apple, Emerson, Farrier, Evans, Fickes Nays: None Approved: 6-0 vote Ordinance No. 579, 579 · Councilmember Barry Emerson stepped down for Items #8-A and #8-B. &aen~a Item #S-A, ZA 94-11, Concept Plan for Hillorest Estates ZA 94-11, Concept Plan approval for Hillcrest Estates being 75.88 acres situated in the John A. Freeman Survey, Abstract No. 529, and being a tract of land of which 38.647 acres of said tract also being Lots I through 17 in Block "B" of Greenway Industrial Park Addition. Current zoning is "SF-20B" Single Family Residential. Owner: W.E. Dalton. Applicant: Papagolos Development Company. The Zoning Administrator, Karen Gandy, noted eighteen (18) notices were sent to property owners within 200' and no responses have been received. John Papagolos, 16250 Dallas Parkway, Dallas, representative for Mr. Dalton, was present for the meeting to answer questions for Council. Mr. Papagolos stated they have a strong opinion to having a street stub coming through a residential area. With the cul-de-sac, they feel they offer a since of security for the addition. It was noted the lake in the middle of the addition, will be private. Mr. Papagolos stated they will look at pulling back the cul-de-sac away from South Carroll Avenue, as suggested by Council. There were no public comments during this item. Regular city Council Meeting Minutes March 1, 1994 page eight Item #S-A, Continued Motion was made to approve ZA 94-11, Concept Plan, subject to the second Plan Review Summary dated February 25, 1994. Motion: Franks Second: Evans Ayes: Franks, Evans, Apple, Farrier, Fickes Nays: None Approved: 5-0 vote Agenda Item #S-B, ZA 94-12, Prellminarv Plat of Hillcrest Estates ZA 94-12, Preliminary Plat of Hillcrest Estates being 75.88 acres situated in the John A. Freeman Survey, Abstract No. 529, and being a tract of land of which 38.647 acres of said tract also being Lots i through 17 in Block "B" of Greenway Industrial Park Addition. Current zoning is "SF-20B" Single Family Residential. Owner: W.E. Dalton. Applicant: Papagolos Development Company. Karen Gandy, Zoning Administrator, noted eighteen (18) notices were sent to property owners within 200' and to date no responses have been received. Gandy noted the applicant has met all the review comments of the first revised Plat Review Summary dated February 15, 1994, with the exception of those items addressed in the attached second Plat Review Summary dated February 25, 1994. Mr. Papagolos stated the reasons for the lake is to handle drainage and water run-off. Papagolos stated they will work with City staff in regards to the cul-de-sac on South Carroll Avenue. Motion was made to approve ZA 94-12, Preliminary Plat of Hillcrest Estates, subject to the second Plat Review Summary dated February 25, 1994, and granting the request for the variance to the building lot lines on Lots 6 and Lot 79 of Block 1 and Lots 18 and Lots 22 of Block 3 as reflected, and requesting that Staff continue to work with the developer for reconfiguration of the cul-de-sac on Court H, to move it further to the east from Carroll Avenue. Motion: Farrier Second: Franks Ayes: Farrier, Franks, Evans, Apple, Fickes Nays: None Approved: 5-0 vote Counoilmember Emerson returned to the Councll table. Regular City Council Meeting Minutes March 1, 1994 page nine Item #8-C. Ordinance No. 480-113. 1st readinq, (ZA 94-16). Ordinance No. 480-113, 1st reading (ZA 94-16) is a rezoning request for 8.345 acres situated in the Samuel Freeman Survey, Abstract No. 5254, and being a portion of Tract 1 of the W.E. Mayfield Subdivision. Current zoning is "C-3" General Commercial District and "AG" Agricultural District, with a requested zoning of "C-3" General Commercial District. Owner: Don L. Siratt. Applicant/Agent: John Levitt, Engineer. Karen Gandy, Zoning Administrator, noted eight (8) notices were sent to property owners within 200' and one written response has been received from J.B. Stahala, San Antonio, Texas, in favor of the request. Gandy noted on July 21, 1981, this property was zoned "H" Heavy Commercial. The zoning map reflects only a portion of the 8.345 acre being zoned commercial. The property is within the 45 Ldn noise contour imposed on the City by DFW Airport. John Levitt, Levitt Engineers, was present to answer questions for Council. Motion was made to approve Ordinance No. 480-113, 1st reading, as presented. Motion: Apple Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Apple, Evans, Farrier, Franks, Emerson, Fickes Nays: None Approved: 6-0 vote council adjourned for recess at 9:25 p.m. Councll returne~ to open session at 9:45 p.m. Agenda Item ~9-A, Resolution No. 94-07, APPointment to the Planning end Zonina Comm~ssion. Mayor Fickes noted interviews were held for applicants to the Planning and Zoning Commission and Park and Recreation Board, on February 28, 1994. He stated ten (10) applicants were present, and Council was pleased to have so many interested citizens, willing to serve on boards and commission. There will be other openings on the boards in the near future, therefore, the applicants will have another chance in May or June. Regular City Council Meeting Minutes March 1, 1994 page ten Aq~nda Item #9-A. Continued Resolution No. 94-07, was approved, naming James Murphy to the Planning and Zoning Commission, filling the unexpired term of Kate Barlow, to expire in May, 1995. Motion: Apple Second: Emerson Ayes: Apple, Emerson, Franks, Farrier, Evans, Fickes Nays: None Approved: 6-0 vote Councilmember Franks stated although Mr. Murphy, at this time is not his first choice, he has no objection to voting for him. There were several qualified applicants and he hopes those who were not appointed at this time, will continue to seek being appointed. aaenda Item #9-B, Resolution No. 94-11, Appointment to Park and Reoreation Board. Resolution No. 94-11 was approved, naming Becci Rollins to serve on the Park and Recreation Board, filling the unexpired term of Mike Thompson, which will expire in May, 1995. Motion: Evans Second: Apple Ayes: Evans, Apple, Franks, Farrier, Emerson, Fickes Nays: None Approved: 6-0 vote ~qenda Item #10-B, Professional Servioes Aqreement for Bioentennial Park ExDanslon Imnrovements. Mr. Greg Last, Director of Community Development, introduced an agreement for Professional Services for Bicentennial Park expansion improvements, stating additional recreational facilities in the city is very important to provide the quality of the life expected from the citizens in Southlake. The firm recommended for approval has many years of experience in the area of parks and recreation planning and development. The improvements within the scope of services includes the design and construction document preparation for all improvements shown in the plan. It does not include construction administration for Phase II, the property not currently owned by the City. Dennis Sims, partner with J.T. Dunkin and Associates, was present for the meeting and stated they plan to start as soon as possible to have the facilities ready for spring 1995 ball schedule. Regular City Council Meeting Minutes March 1, 1994 page eleven &qenda Item #10-B. Continued Motion was made to approve the Agreement for Professional Services with J.T. Dunkin and Associates for the preparation of contract documents and related services for expansion improvements to Bicentennial Park, not to exceed $120,000. Motion: Apple Second: Franks Ayes: Apple, Franks, Farrier, Emerson, Evans, Fickes Nays: None Approved: 6-0 vote &aenda Item #10-C, Professional Services for Corridor Study for SH ~14. FM 1709 end FM 1938. Greg Last, Director of Community Development, presented the agreement for professional services with J. Dennis Wilson and Associates, for the preparation of Corridor Studies for SH 114, FM 1709 and FM 1938. Last commented the analysis of existing and future land uses and development along the regional arterial within the City are vital to maintaining the quality of life expected from the citizens of Southlake. The Corridor Advisory Committee has selected J. Dennis Wilson and Associates as the lead consultant for this study. Dennis Wilson was present for the meeting to answer questions for Council. Motion was made to approve J. Dennis Wilson and Associates for the preparation of Corridor Study for SH 114, FM 1709 and FM 1938, incorporating the wording as suggested by City Attorney, Wayne Olson in his letter dated March 1, 1994 (attached to the minutes of the meeting). Motion: Emerson Second: Apple Ayes: Emerson, Apple, Evans, Farrier, Franks, Fickes Nays: None Approved: 6-0 vote Agenda Item ~10-D, Additional Personnel in Public Works and Community Development. The City Manager, Curtis Hawk, stated during the budget work sessions in preparation of the current operating budget, and several times since then, he has noted to Council the need for additional staff at mid-year if growth continues as expected. Since mid-year is April 1, and the original estimate for additional staff has changed only in that we believe we can go until next budget year before we need to add additional clerical staff in building inspections. We greatly need a zoning clerk, an Council Meeting Minutes March 1, 1994 page twelve &aenda Item #lO-D, Continued additional building inspector, and an additional construction inspector. The funds necessary to pay the positions are being generated by the higher than anticipated growth. Motion was made to approve the additional personnel (one building inspector, one construction inspector, and one zoning clerk). Motion: Farrier Second: Apple Ayes: Farrier, Franks, Apple, Evans, Emerson, Fickes Nays: None Approved: 6-0 vote Aqenda Item #11-A Discussions Evaluation of potential rezonina for properties that do not conform with the 1993 Land Use Plan. Greg Last, Director of Community Development, stated one of the by- products of the recently completed 1993 Land Use Plan update was an analysis of properties which are properly zoned for the existing use or have no established use, but are not in agreement with the approved Land Use Plan, or of properties which have existing uses that are not in conformance with the zoning and/or Land Use Plan. Mr. Last expressed that this study identified properties which potentially should be rezoned to more appropriately comply with the Land Use Plan. A list of these tracts were included in the packets for Council's review and consideration. Staff asked Council for authorization to proceed and direction in prioritizing these potential rezoning. Mayor Fickes asked Council to review their lists and be prepared to identify their priorities during the first meeting in April. Fickes added, we need to take one section at a time. Aqsnda Item #12. &d4ournment The meeting was adjourned at 10:05 p.m. Motion: Franks Second: Apple Ayes: Franks, Apple, Emerson, Farrier, Evans, Fickes Nays: None Approved: 6-0 vote _ es • THE STATE OF TEXAS * * — COUNTY OF ji/AJAL I, L' 4 t/(��t/u` as a member of the (di/ALL/6 make his affidavit and hereby on oath state the following: I, and /or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the as "' those terms are defined in Chapter 171, Texas Local Government Code. i The business entity is (name and address) I have a substantial interest in this business entity for the .. following reasons: (Check all which are applicable) "w° Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and have an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this / day of AV4OL) , 199 . 7 , / i 7/ / ‘ I ' '''' / .. ' ,,t,ope/a (4 762. Sig nature o o ficia1 6W ' r J/1/44,4) ai/e-61 / — Title • BEFO M , the undersigned authority, this day personally appeared ij ' (�I U and on oath Wed that the facts here' above stated are true to the best of knowledge or belief. Sworn o and subscribed to be / fore me on this l day of MOO I/CA 19 / 7 - f � N SANDRA L LIMO % 4 L * NOTARY PUBLIC otary Public in and for 4'h Co mm , ta o f D 2xas the State of Texas l M y Commission Expires: 66tV)dY't l-. , `ti 6 (,` f.� �2,(_/ NO/0 Type /Print Notary's Name all �1 THE STATE OF TEXAS * COUNTY OF�1 I , .ern as a member of the G � v�N �� L 1 Lsd make this affidavit and hereby on oath state t following: , and /or a person or persons related to me, have a substantial interest in a business entity that w uld be peculiarly affected by a vote or decision of the as those terms are defined in Chapter 1 , Texas Local Government Code. The business entity is �Kqg Wil- k •"" (?me and address) nrr I have a substantial interest in this business entity for the following reasons: (Check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 100 of gross income for the previous year. f Real roperty is involved and AO, (C P l�iW have an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this Wafie business entity and from any further part'- • on this matter whatsoever. Signed this ( - day of Oim , 40111111 di ftWir rY Signa •re of official L.ti6111r5�=K q Y Title BEFORE E, the u dersigned authority, this day personally appeared ij,{] and on oath stated that the facts herei Bove stated are true to the best of )//ty knowledge or belief. Swow and subscribed to bfore me on this / day of Adr✓ 1 — % SANDRA L tEGRAND l "' " F ) ato * NOTARy PUBLIC otary Public in and for IMO +1. State of Texas the State of Texas Comm. Exp, 024447 / d y6 f My Commission Expires: Jan . h C'. 6-0 11 ' Type /Print Notary's Name misw OS y 51 -1994 12 :45PM FROM SOUTHLAKE DPS TO 4885097 P.02 FIELDING, DING AARRETT & Y3 T�►�OR, L.L.P. 3400 BANX ONE ToWEiKt 930 IIIROORMORTONN =RUM FORT WORTH, TEXAS 701102. t 1ELFIRONE (017) 33Z-2550 FAX (0$W-4740 WAYNL K. OL3ON u w u.: c ` e ��o afP�� ',rp� vs"c. - 4o Iv. 1'C 011owi i4evy March 1, 1994 y 3A P C.A A44ocv,e ki A\ a \SO S acUr esSe,c1 VIA PAX t • \v • e v , e _ or Q-1c ee_jc Un. \ p rvev 1 - , re vN a4Yeev Mr. Greg Last Director of Community Development 3 . C , s �,� } u ? r le w c r City of Southlake 4. C +o p 66'1 Carroll Avc 'Wc k C p , z *ea. Soutblake, TX 76092 . Vev` 6c V. r car` TN AN RE: Letter agreement for consultant services for SonthIske Corridor Plan Dear Greg: I have reviewed the proposed Letter agreement dated February 24, 1994 between J. Dennis Wilson & Associates and the City of Soutbiakc. This one par a is • sufficient to aut oribe the implementation of these servkes. I would like to offet the following comments, however. The letter agreement and attachments are unclear as to the time frame in width the services wt ukl be performed. Also there are no provisions regarding early termination of the agreement in ease a dispute arises in the performance of the services. Should this occur, thous are ne pmvislons governing the City's right to the consultants work product or t h e Q t y ' s duty -to p a y the con ltant for the unfinished product. Also, there are no provisions in the agreement requiring venue for any lawsuit to be in Tarrant County, Texas in the unlikely event we end up in litigation. The above comments are not essential for this type of agreement. However, 1 did want to bring them to your attention so that they could be considered prior to signing the agreement. If you have any questions regarding this matter, . please give me a call. Very truly yours, Wayne K. Orson. WKO /wrt cc: Mr.. Curtis Hawk City of Southlake 667 North Carroll Avenue Soutblake, Texas 76092