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HomeMy WebLinkAboutItem 18 - Perry's Steakhouse MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: FEBRUARY 6, 2018 SUBJECT: DEVELOPER AGREEMENT AMENDMENT — PERRY'S STEAKHOUSE AND APPROPRIATION ORDINANCE RECOMMENDATION: City Council to consider: • approval of a revised Developer Agreement with BR's Pork Chop, LTD. for the cost participation in the development of Perry's Steakhouse; • adopting an appropriation ordinance for $77,266.83 in the Utility Enterprise Capital Fund and a portion of which will come from water impact fees; and • authorizing staff to execute said agreement and take any necessary action. FUNDING: Upon approval of the attached ordinance, $77,266.83 will be available in account # 201- 48930-534-000-170010. BACKGROUND: The tract upon which the Perry's Steakhouse is located, Lot 1, Block 1, Grapevine Plaza, No. 2 Addition, was sold to John T. Evans (BR's Pork Chop, Ltd.) by the City of Grapevine. The development of this tract required both water and wastewater line extensions to provide service. The City had a waterline connection on its water masterplan along the east side of the Perry's site extending north into the abutting property for a length of approximately 630 linear feet to an existing waterline. The preferred sanitary sewer route to connect Perry's to the City's existing system was to parallel the water line for approximately 265 linear feet beyond the Perry's site to the north. On June 6, 2017, a developer's agreement and funding ordinance were approved by City Council in the amount of $123,138.41 toward these utility construction costs as well as $42,000 toward acquisition of required utility easements yielding $165,138.41 in total project cost. During construction, the City and the Developer agreed to relocations of both the water and sanitary sewer lines to address field conditions. These changes included changes to the horizontal alignment of the sanitary sewer and significant increases in the depth of the proposed water line to avoid several storm drain lines. The additional depth of the water line increased the trench width and thus the permanent paving quantities. These additional costs total $77,266,82 increasing the total project cost including easement acquisition to $242,405.24. Staff recommends approval. BB ORDINANCE NO. 2018-015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS REVISING THE ADOPTED CAPITAL IMPROVEMENTS BUDGET FOR THE FISCAL YEAR ENDING IN 2018; PROVIDING FOR THE FUNDS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine, Texas desires to cost participate in the development of Perry's Steakhouse; and WHEREAS, the City's portion will be appropriated from the Fiscal Year 2018 Utility Enterprise Capital Fund; and WHEREAS, the development of this tract requires both public water and wastewater line extensions to provide service; and WHEREAS, approval of this ordinance will make the total project funds available for the City of Grapevine cost participation toward Perry's Steakhouse public water and wastewater lines in the Utility Enterprise Capital Fund total $242,405.24; and WHEREAS, all constitutional and statutory prerequisites for the approval of this ordinance have been met, including but not limited to the Open Meetings Act, and WHEREAS, the City Council deems the adoption of this ordinance is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated herein above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the City Council hereby appropriates $77,266.83 in the Fiscal Year 2018 Utility Enterprise Capital Fund revising the Adopted Capital Improvements Budget for fiscal year 2018. Section 3. That a copy of the revised Fiscal Year 2017-2018 Capital Improvements Plan Budget document shall be kept on file in the office of the City Secretary and on the City of Grapevine website. Section 4. That this ordinance shall take effect immediately upon passage by the City Council of the City of Grapevine, Texas. Section 5. That the fact that the present ordinance and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of February, 2018. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: City Attorney Ordinance No. 2018-015 2