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1996-12-03 CC PacketR City of Southlake, Texas November 27, 1996 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting December 3, 1996 memo from Kim Lenoir that we received a favorable bid for the installation of the new fences. The low bid of $39,026 by American Tennis Court Contractors (ATCC) is under the $42,213 estimated in the approved FY 96-97 Annual Budget. ATCC meets the qualifications. as a responsible bidder, thus staff recommends awarding the bid. By awarding this bid, you will allow us to move forward with this project in time for CISD to use these fields as part of our joint use agreement. The fences should be replaced by January. The CISD softball season begins play in late February . 2. Agenda Item No 5B Award of bid for water and paving improvements for Hilltop Acres and Kidwell Addition. This project will allow us to upgrade some of our city's existing small (< 6 inches) water lines. These undersized water lines are a part of the City's original water system, appropriate at the time but inadequate for fire flow. Note the water lines in this project will be upgraded to 8" (rather than 6"). The larger lines are needed since they are "dead-end" and are not likely to be looped for some time (if at all; in order for these to be looped, a water line would have to be constructed across the U.S. Corps of Engineers property). The project includes the reconstruction of the streets in Hilltop Acres and Kidwell Addition where water lines are to be upgraded. Streets to be improved are Briar Lane, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 2 Hilltop Drive, and the section of Woodland Drive between Briar Lane and Ridgecrest. Also, since the cut -de -sacs at the end of Briar Lane and Hilltop Drive were platted but never actually constructed, an alternative bid was requested to include their construction. This is included in the low bid that staff recommends City Council award. The bids are very favorable. There are a number of factors which contribute to the difference between the estimate and the actual, but the main difference is in the streets as noted in the memo from Bob Whitehead. Given the favorable nature of the bids, there are probably enough funds available in the budget to reconstruct all streets in these neighborhoods. I have directed the Public Works staff to look at whether or not the low bidder would consider a change order to allow reconstruction of additional streets in the subdivisions with the same low -bid unit price. State law (Chapter 252.048 of the Local Government Code) allows up to 25 % increase in the bid amount for a change order before additional bids are required. We would then be able to reconstruct additional streets at the same time this current project is carried out. Streets that cannot be added as a change order to this project (due to the 25 % rule) would be considered with the Ridgecrest project which is planned for the summer of 1997. If the contractor is unwilling to grant a change order, all of the additional streets would be considered when the Ridgecrest project is bid. Bear in mind that any change orders or rebids will require separate City Council action at the appropriate time. FYI, when we use the term reconstruction for these streets we are referring to the same type of interim road cross-section that we normally use (rework base, add base material where necessary, improve bar ditches, new pavement) and not a curb -and -gutter street. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 3 Please call Director of Public Works Bob Whitehead, City Engineer Ron Harper, or me if you have any questions about this item. 3. Agenda Item No 5C Authorize the Mayor to enter into a Professional Services Agreement with F1exCorp to Administer Section 125 Flexible Spending Account. The memo from Lauren Safranek, Human Resources Administrator, recommends F1exCorp as the administrator for a Section 125 Flexible Spending Account. The Section 125 plan is a voluntary program to allow employees to pay for insurance premiums, medical expenses and child care costs on a pre-tax basis. This is the first time we have made this benefit available to our employees, although it has been allowed since the changes to the Internal Revenue Code, section 125, in 1986. We feel that it will serve to further enhance our benefits package, which will ultimately aid in employee retention and recruitment. (aw Recall that this plan was part of the original benefits package considered by City Council at the September 17th Council meeting. (A copy of the spreadsheet given to City Council for that meeting is included in your packet.) The Section 125 plan was not considered at the time for two reasons. 1. Due to timing of the health benefits contract, we had to make the change in providers in October; since the Section 125 plan is a new benefit for employees, with tax implications, it required additional education prior to implementation. This could not be accomplished on the same time -table required for the health benefit plan enrollment. 2. Given the nature of the Section 125 plan, it is tied to the tax year. Even if we had been able to do the necessary orientation/education for the employees, we would have had to go through the enrollment in October, (taw and then re -enrollment in January. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 4 As noted in the memo from Human Resources Administrator Lauren Safranek, F1exCorp has confirmed that the rates quoted in September are still in effect. City Council approval at this time will allow for enrollment prior to January 1. If you have any questions about this item feel free to call Lauren at ext. 836 or Councilmember Evans, who served on the committee which reviewed the benefits proposal and is familiar with the advantages of a Section 125 benefit. As an aside, the recent enhancements to our benefits package have been as a direct result of the outstanding work done by Lauren. Prior to hiring an individual to centralize our personnel administration function, the activities were shared by a number of employees including our office and the directors. In the six months she has been on board as our first Human Resources Administrator, she has done a terrific job in consolidating and strengthening our personnel functions. 4. Agenda Item No 5D Resolution No 96-69 authorizing the City Attorney to proceed with condemnation of an easement on the Reutli ger p-roperty and Agenda Item No. 5E. Resolution No 96-70 authorizing the City Attorney to proceed with condemnation of the Brunson property. These resolutions are being brought to you per your direction at the last City Council meeting. FYI, since the appraisals have already been conducted, the next step in the process will be to make a formal offer in writing to the property owner. If the property owner rejects our offer or does not respond within a specified time period, then the City will move forward with filing the suit. City Council approval at this time will allow us to move forward prior to the next City Council meeting if agreements cannot be reached. 5. Agenda Item No 5F Expense Reimbursement Policy for Councilmembers. As noted in City Secretary Sandy LeGrand's memo, Analeslie Muncy, City Attorney, has reviewed the policy drafted by the City Council committee and has made some changes to meet the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 5 committee's intent and legal requirements. The committee has been in discussion with Analeslie regarding this policy. If you have any further questions, please feel free to call Sandy or any member of the Council committee. 6. Agenda Item No 5G Travel Policy for City Employ The travel policy for employees is identical to the policy approved by City Council in June 1989 with the exception of removing all references to elected officials. The latter has been incorporated in agenda item 5F above. This includes removing the portion in the employee policy that allowed for some exception to the reimbursement for travel expenses for dependents. There were never any exceptions granted for employees; that section was in the policy to address dependents for Council members. We also made it clear by adding in Section V, G.3 that expenses for alcoholic beverages are not reimbursable. There are no other changes other than formatting. 7. Agenda Item No. 7A. ZA 96-143. Revised Site Plan for PETSMART. The purpose for this Revised Site Plan is to change the building shape and relocate one driveway. The building has been increased in width and decreased in depth. The overall building floor area is the same as the previously approved plan. The northerly driveway intersecting Village Center Drive has been relocated approximately 60' north, from the previously approved location, to align on center with the common property line of this site and the Home Depot site. The relocation of the driveway complies with the spacing requirements of the Driveway Ordinance. The building articulation does not technically meet all requirements. The deviations are noted in the articulation evaluation chart attached to the Plan Review. The building facades are substantially the same as those approved on the previous site plan. The south facade, facing F.M. 1709, is slightly more articulated than the previous plan. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 6 The Planning and Zoning Commission recommended approval 7-0, allowing the building articulation as shown, eliminating the required gate around the trash dumpster due to its location behind the 10' screening wall of the loading area, and requiring minimum 4" caliper canopy trees in the south bufferyard. The Corridor Overlay Zone Landscape Standards requires that only 50% 2" and 50% 4" caliper canopy trees be provided. Feel free to contact Greg Last or Dennis Killough if you have any questions regarding this application. 8. agenda Item No. 7B. Ordinance No. 643, Solicitation. On Tuesday, November 25, Director of Public Safety Billy Campbell and City Attorney Wayne Olson met with Councilmember Harris for a final review of the issues discussed at Council meeting on first reading. They are comfortable with the wording of the ordinance in your packet. Please contact Director Campbell, Councilmember Harris, or me if you have any questions prior to the meeting. 9. Aizenda Item No. 7C. Ordinance No. 645. Handbills. As a result of the above mentioned meeting, we request that this item be tabled once again as the attorneys have not completed their research on the questions asked by City Council on first reading. We anticipate that this will be ready for the December 17 Council meeting. 10. Agenda Item No 7D Resolution No 96-51 ZA 96-71 Specific Use Permit for outside storage for Great Outdoor Landscape. There are no unresolved technical issues remaining with regard to the Concept Plan. The applicant is requesting outside storage of various materials for use in conjunction with the operation of a landscape and irrigation installation business. The location and type of materials is noted on the Concept Plan. The Planning and Zoning Commission recommended denial of this submittal 7-0. 11. A2en1a Itcm No. 7E. ZA �G-13i. Site Plan for Kingsleyace an Assisted i � Facili1y. The three remaining technical issues regarding this plan are screening along the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 7 north property line, driveway throat depth and building articulation as noted in the Plan Review dated 11/27/96. All other site plan requirements have been met. There has been some written apposition received which is itemized in the Staff Report. The Planning and Zoning Commission recommended denial of this submittal 7-0. Last Minute Note: The Mayor received a fax at 4:55 p.m. today which indicated that the applicant will not ask City Council to overrule the P&Z decision. We will know more Monday and let you know asap. 12. Agenda Item No 8A 1st Reading Ordinance No 480-219 Rezoning and Concept Plan for Crestwood Office Park. This case was tabled at the 11/19/96 City Council meeting. No new plans were received for the 12/03/96 City Council meeting. The reduction for the plan dated 11/11/96 and the Plan Review dated 11/15/96 will be sent forward. There is generally no opposition to this request. Mr. Strunck is noted as being opposed in the Staff Report, however he verbalized at the P&Z meeting that Mr. McMahan had resolved his concerns. The Planning and Zoning Commission recommended approval 4-2 with the dissenting commissioners being opposed due to the fact that the Land Use Plan shows Medium Density Residential for this area. The Commission included several modifications as noted in the Staff Report. The applicant submitted a revised plan dated 11/11/96 which includes some but not all of the commissions' recommendations. The Staff Review is based on the ordinance requirements so you will need to make sure your motion includes the other P&Z recommendations, if this is your intention. Feel free to contact Greg Last or Dennis Killough if you have any questions regarding this application. 13. Agenda Item No 8B ZA 96-149 Plat Revision for the .proposed Lot IRL Block 1. W.E. Mayfield Addition. Planning and Zoning Commission recommended approval of this Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 8 submittal 7-0. The applicant has requested that this item be tabled until your meeting on December 17, 1996. 14. Agenda Item No 8C Ordinance 506-B 1st reading an ordinance amending Ordinance No 506-A the sign ordinance by deleting the readerboard signs from Section 19 You will recall that the last discussion you had regarding a request for a conditional sign permit for a readerboard sign resulted in a moratorium being placed on the approval of this type of sign. The 90-day moratorium was intended to give us time to modify our current sign ordinance to improve our process for handling readerboard signs. This amendment to the ordinance removes readerboards from the list of permitted signs, requiring an applicant to seek a variance before installing such a sign. The variance requirement will accomplish a couple of things: -First, it will communicate to applicants that these types of signs are not approved automatically, -Second, it will require the applicant to establish the need for the sign and demonstrate a "hardship" to you. If you have any questions regarding this item, please feel free to call Bob Whitehead at 481-5581 ext. 741, Councilmember Harris, or me. 15. Agenda Item No 9A 120 Day Moratorium on Assisted Care Living Facilities. As requested by City Council at the last meeting, this resolution will place a moratorium on accepting applications or issuing permits for assisted care living facilities for 120 days as listed on the agenda as posted. (The resolution in your packet is for 90 days.) This time (raw will allow staff to research the appropriate land use classification for assisted care living Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 9 facilities since the current zoning ordinance does not specifically list these facilities. Staff will bring forward to the Planning and Zoning Commission, and then to Council, recommended changes to the zoning ordinance based on our research. FYI, there are several "points" related to this issue that are not necessarily addressed in the resolution but which can be discussed at work session, e.g., would 180 days be more appropriate than 120 days posted on the agenda (given how long it takes us to work through things due to time constraints and the workload), or only 90 days, as specified in the resolution or something less; what is the definition of assisted care living facilities? 16. Agenda Item No. 10A. Schedule for Master Plans and Ordinances. We bring this to you again as agreed at the last Council meeting in order for Councilmember Fawks to give his input, and to have allowed you time to review the priority rankings of the items and make changes as you see fit. As requested, we have also included the departmental sort handed out at the last meeting in order for you to better see the workload by organizational unit. 17. Agenda Item No. 10B. Developer's Agreement with Southlake Woods. Phase IA. This agreement covers the first phase of construction for this development (14 lots). The primary issue addressed in this developer's agreement is the off -site street construction of West Continental Boulevard. The memo from Bob Whitehead describes the proposed improvements to this road and his recommendations for sharing the costs with Toll Brothers. We anticipate the developer appearing before the Council to try to negotiate some of these terms. Toll Brothers, Inc., wants to build what is actually 3 lanes of the ultimate 5-lane roadway provided in the current Thoroughfare Plan. Bob's memo points out that if City Council agrees to this at this time, we would participate as set out in the Agreement. The underlying question is, with the status of Continental given the existing and proposed Thoroughfare Plan vis-a-vis the concerns of the neighborhoods along Continental and the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 10 pressures on City Council, whether or not it is premature to consider what the developer has requested? If so, all that is required of the developer would be to add the turn lanes at the appropriate locations on Continental. We would then collect the impact fees and the applicable inspection and administration fees. We would use the impact fees to go toward the improvement of Continental when it is appropriate. Should City Council decide to allow Toll Brothers to construct the three lanes as proposed, staff does not believe we should pay more than proposed in the developer's agreement. The $147,200 will come from the waiver of the collection of the street impact fee for the development. (Note we are not waiving the fee, but the collection of the fee. We are actually giving the developer grgLdA for the impact fees owed by the development, similar to what we have done in other areas. We would also be giving crg k for the other fees set out.) The $158,945 would be a cash contribution, and would come from the portion of the funds remaining in the existing street bond revenues set aside for Continental, prorated for this particular section of Continental. In order to contribute the additional amount requested by the developer, we would add the amount to the bond sale in February. One other point: the developer's cost estimates assume that they will act as general contractor (i.e., the project would not be "bid" under the statutes). This can be done, but due to the wording of the statutes the only avenue provided a city of under 50,000 population to avoid the competitive bid will be through an assessment paving program where the benefited property owner is paying for at least one third of the cost of the improvement. This is workable with Heritage Industrial Park at the other end of Continental since the developer there owns property on both sides of the road. You may not want to do this when the applicant requesting the improvement (assessment) does not own the property on both sides of the road, however, the improvement being proposed (3 lanes of ultimate 5-lane roadway) is for that portion next to the benefited property owner. Thus it would be a legitimate assessment paving project. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 11 I believe the upshot of all of the above is as follows: should City Council decide to go with staff recommendation rather than the developer's request, the developers' fall -back position will be to do only what is required, which is to do the turn lanes only. This is, staff believes, the best alternative given all of the above. 18. Agenda Item No. 11A. Contract for Solid Waste and Recyclables Collection. This item has been placed on your agenda because we need Council input before we proceed any further. The memo from Shana Yelverton, Assistant City Manager, provides some background information about solid waste and recyclable collection in Southlake, service issues, rates, and disposal. Essentially, we are looking at two options. We can extend our current contract with Laidlaw (the current contract has an extension provision), which could include renegotiation of certain provisions of our contract, or bid the service out in the open market. There are advantages and disadvantages to each approach. We have tried to document some of the issues we believe are important as you make your decision. If we continue to contract with Laidlaw, we will need to find a way to keep pressure on them to provide the service at a low rate. We anticipate that they will request a rate increase since they have not had an increase during the five years of the current contract, although we believe that they will primarily be interested in looking at the commercial rates. Bidding the service out would ensure that the market pressures keep rates low, but bidding the service out does not necessarily assure a lower rate. It depends on what is bid. We know what our current rate is, and can negotiate any increase requested under the current contract. Also, it is difficult to ascertain whether a new provider would be as effective. Southlake residents seem to be generally pleased with garbage and recycling collection, and change to another provider could result in a lower level of service. Additionally, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 12 transition to a new contract could be time consuming and difficult for customers. In spite of these issues, if Council's wish is to develop a request for proposals, we could do so and see what we receive from the numerous private haulers working in the DFW area. 19. Capital Improvement Program. Attached hereto is a proposed schedule of events for the sale of the bonds, both certificates of obligation and the SPDC revenue bonds, prepared by Finance Director Lou Ann Heath. The certificates of obligation will finance the Council adopted capital improvement budget for 1997. The SPDC will need to take action at their December 16 meeting to consider a "resolution declaring intention of project and calling for a public meeting for February 18, 1997." Between now and January 21, we will need to firm up our projects to be included in the certificate of obligation issue. SPDC will have a very broadly written resolution to consider at their December 16 meeting, which will allow time to evaluate projects. First reading on the ordinance will be February 4. The certificates and the SPDC bonds will be awarded at the same meeting February 18, with proceeds to be received by March 18, 1997. This schedule plans for a credit rating presentation the week of February 5-1G, and Lou Ann has visited with both Moody's and Standard and Poor's about having a presentation here, rather than in New York. This will give us an opportunity to have the rating agencies tour the City and to introduce them to the other staff members and perhaps Councilmembers who otherwise would not be available. (4w, 20. Coventry Traffic Flow. Many of you are aware that residents in the Coventry Subdivision have successfully persuaded P&Z to recommend removing the road connecting Peytonville Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest - November 27, 1996 Page 13 Road and Shady Oaks, through the subdivision, from the Thoroughfare Plan. These residents are also requesting that stop signs and speed bumps be added through the subdivision in order to discourage people from driving through. They contend that much of the traffic comes from people from Southridge Lakes, etc., using their route to Durham school because of difficulty in crossing F.M. 1709 at Shady Oaks. Dale Clark, the developer of Coventry, has told staff that he will be hiring a traffic consultant to do a warrant study for stop signs in the subdivision, and for the traffic light at Shady and F.M. 1709. (We know it probably is warranted, but a study is required before we request it from TxDOT.) Dale has indicated that if the traffic light is warranted, he would front the money for the installation and we could reimburse him over time. His belief is that if a traffic light is installed, people along F.M. 1709 would go that route to Durham rather than the "back" route through Coventry. We will keep you posted. 21. Emergency Management Plan "Table -top Review.ff Garland Wilson, Deputy Director of Fire Services, has scheduled a walk-through of our emergency management plan for Monday December 2, 1996 at the Public Works Facility. In addition to key personnel, he has also arranged for several people outside of our organization to assist as facilitators and observers. Ms. Jane Kushma, University of North Texas professor of emergency management planning, and her students will be there to assist us. This exercise is a preliminary step in ensuring we have a well conceived emergency management plan, and a staff that is fully trained in its implementation. Another "table- top" exercise and a full exercise are planned for 1997. 22. Park Property on West Side of City. As we mentioned to you last meeting, Robin Jones has identified a piece of property on the west side of town which may be ideal for park uses. We have a proposed contract submitted by the property owner. We have begun the the property and will discuss the potential contract with you in process of appraising pop rty p Executive Session on Tuesday evening. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 14 23. Speaking of Parks... Issues have been raised regarding a recreation program currently offered called "Southlake Saturday Night." Members of the Park Board have raised questions about the program, including the ages of children allowed to participate, the staff/student ratio, activities (e.g., dancing), etc. Kim Lenoir, Director of Parks and Recreation, agreed to investigate the situation and report back to the Board. FYI, we have decided to hold the event paly, for the older children, 6th through 8th graders, during December, so that we can adequately assess the situation and make modifications to the program as needed before holding any more sessions for younger children. 24. City Council Work Session in January Staff has tentatively set aside Thursday, January 16, 1997 for a City Council work session to discuss tax increment financing districts (TIFs), crime control districts, and neighborhood preservation. We propose that the meeting be held from 6:30 p.m. - 8:30 p.m. Please let Shana Yelverton, Assistant City Manager, know if you have any problems with this date. We know you have many obligations, but we would appreciate the time to discuss these important issues. 25. Joint Meeting with the Park Board. The joint meeting between the Park Board and the City Council originally scheduled for December 9, has been postponed due to plans of some Council members to attend the National League of Cities conference in San Antonio. You will recall that the conference is scheduled for December 7-11. Kim Lenoir has spoken to Rod Johnson, Chair of the Park and Recreation Board, as well as Carol Lee Hamilton, Secretary, and they suggested looking at a joint work session on January 28, 1997. FYI, the Park Board would like to discuss park dedication fees, sidewalks and trails, indoor soccer and joint utilization, and land acquisition. They have also suggested that the Joint Utilization Committee (JUC) be invited. 26. Master Thoroughfare Plan Meeting. The MTP update was a consider item on the November 21 Planning & Zoning Commission meeting. Due to the number of citizen Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 15 responses about the proposed number of lanes for Continental Boulevard and its extension to SH 26, the Commission scheduled a work session for January 6, 1997, to take another look at their recommendation for this roadway. (The 5-lane section and extension to SH 26 being proposed for Continental are the same as in our current MTP and the 1988 MTP.) The formal consideration of the MTP and the public hearing were tabled to the January 23 meeting. Please feel free to contact Tom Elgin if you have questions on the MTP update. 27. P&Z Work Session on Timarron Commercial Development along S.H. 114. This has been set for December 12, 7:00 p.m. in the Council Chamber. We will have an attorney present in order to address P&Z's questions about our PUD requirements. 28. The SPIN Standing Committee will be holding their annual goal -setting session on Thursday, December 5, 1996, beginning at 7:00 p.m. You may recall that SPIN set formal goals last year. The attached "status report" indicates the success they have had in achieving these goals. Many of last year's goals were organizational in nature, but we expect that the organization will now focus more on neighborhood communication and meeting the intent of their mission statement, which was also developed by SPIN last year. If you have any questions about SPIN's goals, please contact Shana Yelverton. 29. The results are in and Southlake's on top! Once again, City of Southlake employees will be at the top of the list for municipality per capita giving for the United Way. Note in the attached letter from Marty Stone that Southlake employees averaged $85.28 per capita. The City of Kennedale came in second at $77.68. Special thanks to this year's chair, Kim Lenoir, and her committee, comprised of co-chair Mike Ishmael (PW), Tracy Southers (CMO), Lauren Safranek, (CMO), Warren Wright (PW), Sham Ihnfeldt (FIN), Renm Burt Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 16 (FIN), Ricky Black (DPS), Laurie Sheets (PW), Cindi Tripp (DPS), Stefanie Sarakaitis (CD), and Ricky Hunter (PW). Also, we appreciate City Council's involvement in the special luncheon for our United Way effort. 30. Keep Southlake Beautiful will host its annual Holiday Social at 7:00 p.m. on Monday, December 2, 1996. The pot -luck dinner for KSB members and guests will be held at the Community Center in Bicentennial Park. The City Council is invited, so make plans to attend if you can. 31. Ice Day Information. Public Works Street Division personnel worked Sunday evening through early Monday morning sanding bridges and portions of Davis Boulevard as a result of the sleet that fell on November 24-25. Crews worked a total of 58 man hours and used approximately 20 tons of sand. No major accidents on Southlake roadways were reported in Southlake to DPS. 32. Follow-up on Westwood/FM1709 Intersection. You received a letter from George Barclay reference the situation at this intersection. We are still receiving calls and comments from people in this neighborhood wanting the traffic light moved to Westwood. I explain to everyone who inquires that it is too late to signalize Westwood, but that we are looking at the possibility of a connection from Westwood to the intersection to the east. We will get back to you asap. 33. Dates to Remember. ♦ December 2, Mayor's Council Banquet, 6:30 p.m., Grand Crystal Ballroom, Radisson Plaza Hotel, 815 Main Street, Fort Worth. ♦ December 4, Municipal Complex Subcommittees, 5:30 p.m. - Old Union Room and Library Committee Meeting, 7:00 p.m. - White Chapel Room, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 27, 1996 Page 17 ♦ December 7-10, National League of Cities. Councilmembers Fawks, Harris, and Martin will be attending. ♦ December 7, I will be leaving for Africa and will return on December 31. Note: While I am out of town Shana will be named Acting City Manager as required by Charter. If Shang is required to be out of town during my absence, Director Campbell will be designated Acting City Manager until her return. I believe Shang will be out of town during Christmas, but any other absence would be due to City business. ♦ December 9, Park Board Meeting. ♦ December 12, Southlake Chamber Christmas Open House, Texas National Bank Southlake, 5:00-7:00 p.m.; P&Z Work Session ♦ December 17, Chamber Joint Luncheon, Marriott Solana, Bill Bates Speaker. r tw ♦ December 19, Christmas for Kids, Toy Drive (see attached flyer). ♦ January 27, Employee Awards Banquet. ♦ January 28, City Council Joint Meeting with Park Board. CEH/k P"r BY.: 11-25-96 : 3:30P*4 817 488 6796: # 3/ 3 N City of Southlake, Texas 1996/97 Capital Improvement Program Certificates of Obligation, Series 1997 Proposed Schedule of Events )savory. 1941 3 M T W T F 1 I 2 3 • A 1 t 9 !0 I1 12 13 1! IS li 17 It 19 20 21 22 23 24 21 26 27 tat 29 10 21 February. 1997 S M T W T F S 1 2 3 • 7 6 4 t 9 10 11 12 15 1617 It I9 20 21 22 23 24 21 26 27 24 ara6, 1997 bt T W T F s 1 2 3 4! 6 7 9 10 11 12 13 14 11 16 17 10 19 20 21 22 21 I30 24 31 24 26 27 2{ 29 Date Date Event January 14, 1997 Tucsdaxy Receive information fom City Ax rep of Official Statement, legal documents related to Bonds end C& tk� ensue. January 21, 1997 Tuesday Resohldon to Audwrin Notice of Intent to issue Certificates of Obligations. January 23, 1997 Thursday Post Publication of Notion of Intent to Issue CartlScates of Obligations. January 7A, 1997 Tuesday Distribute Draft Official Stabelnent to City, Bond Counsel, Rating. Agencies, Credit Bnbances and Auditors. January 28,1997 Tuesday Receive comments firm City, Bond Counsel and Auditota January 30, 1997 Thursday Second publi4:atm of Notice of lntent to Issue Cerdficsies of Obligations. January 31, 1997 Friday Finalize rating information presentution- February 4, 1997 Tuesday Distribute Final Official Statement to City, Tlond Counsel, Rating Agencies, Credit Enhances and Prosiwdve Purchasers. February S - February 10 Credit discussions with Rating Services dt Municipal Bond Insurers. February 11, M7 Tuesday Receive ratings, and insurance yuafi ieations and bids. February 13, 1997 Tuesday Council passes ordinances Xulborizing issuance of Bonds and Certificates of obligation. Hond purchase Agreement signed. February 20 - March 10 Attorney G aw al reviews and approves t vnsection- March 18, 1997 Tuesday Closing -Deliver Donds and Certificates of Obligation to the Purchasers and the City receives farads. SENT BY 11-26-96 . 1:08M . 817 488 6796.E 2/ 2 � Am o � r O y La .Ci �F i fa �. �. i ;-sir O�air. NCB %! ,;3 N .ter M fN V wopl �Nf�l uh- i 1995-96 GOALS & OBJECTIVES SOiTTHLAKE PROGRAM FOR UHE INVOLVEMENT OF NEIGHBORHOODS September 1995 SOUTHLAKE PROGR.-k.N1 FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN) STANDING COMMITTEE ILI 1995-96 Goals & Objectives September 1995 fission Statement: To provide a forum which fosters open and timely communication between the citizens of uthlake and city government regarding programs, activities, and issues that affect the quality of life in the mmunity. ;OAL ONE: Improve communication between the city and community. Objectives Action Plan Target Date Comments Encourage Council and other 1) Extend invitation to City Council to 3rd Quarter 1995 Res xe -ganizations to work closely send representation to SPIN Standing Co itte ith SPIN. Committee meetings. ?) Identify groups that could benefit 4th Quarter 1995 Responsible: SPIN from SPIN, and contact to establish lines neighborhoods =5, 410, #11. of communication. #l5 reps, and youth delegate. Ides 'mechanisms to 1) Establish committee to study 4th Quarter 1995 P ReFrs. •tprov unication. feasibility of SPIN newsletter. The Report: 1st neiICLId will provide Quarter 1996 #9 recommendations to the full Standing Committee for action. 3) Tape SPIN Standing Committee and' lst Quarter 1996 Be i ceDnnel neighborhood meetings for broadcast on e-toFull av Pggo public access channel. Sta di m 3) Utilize public access television v 1st Quarter 1996 c acc nnel BFnd bulletin board for SPIN announcements. aI sp : Full SS 4) Assign staff the task of providing 4th Quarter 1995 Responsible: Exec. recommendations regarding the use of the Col I reqrmf Internet for getting information out to the staf e rLMt community. qua r 19 5) Continue use of City Manager's Ongoing Res ll nReport, press releases, etc. to CotLlu communicate. 6) Regularly provide minutes of SPIN ; 4th Quarter 1995 Re Exe meetings to City Council. Co II b vith N me n SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN) STANDING COMMITTEE N 1995-96 Goals & Objectives September 1995 ssion Statement: To provide a forum which fosters open and timely communication between the citi-ens of ithlake and city government regarding programs, activities, and issues that affect the quality of life in the nmunity. OAL TWO: Communicate SPIN successes, "get the SPIN message out!" Objectives Action Plan Target Date Comments moms Conduct an annual self -evaluation 1) Establish goals/objectives/ ✓ 3rd Quarter 1995 - Res IL t: action plans. Com ittee 2) Monitor progress through V Ongoing Re on i e Ex eE quarterly reports. C 3) Prepare an annual self- 3rd Quarter 1996 Res 1 evaluation report documenting Com E L performance. 4) Disseminate/provide report to ' 3rd Quarter 1996 Responsible: Full Standing City Council and other interested Committee organizations. Strengthen public awareness of 1) Become more aggressive in the- 3rd Quarter 1995 Res nst 1 'E '1N and encourage increased use of press releases to Lan Co i e mmunity involvement. communicate SPIN's success. 2) Contact the local papers 3rd Quarter 1995 Res nsibl tan o regarding establishing regular SPIN Co i ee it column. 3) Utilize press to advertise Ongoing Res tan activities, opportunities, openings, Co air etc. 4) Develop SPIN "welcome ' 1st Quarter 1996 Re PI packet" for new residents. nei 1, , # 15 rep andJfh d Qate. 5) Develop "ad" for Chamber of Ist Quarter 1996 Responsible: SPIN Commerce Business and neighborhood 43, 44, #10, and Community Directory. "It 3 reps. 6) Develop SPIN booth for 2nd Quarter 1996 Responsible: SPIN festivals. neighborhood 44. 46. # 15. and T 16 reps. 111Q- ` ►t � �l t �� t� i SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIV) STANDING COMMITTEE G 1995-96 Goals & Objectives September 1995 'fission Statement. To provide a forum which fosters open and timely communication between the citizens of uthlake and city government regarding programs, activities, and issues that affect the quality of life in the mmunity. ;OAL THREE: Continue to improve the quality of SPIN representation. Objectives Action Plan Target Date Comments Provide continuing education 1) Conduct annual SPIN Retreat, -' 3rd Quarter 1996 Resp11teeIL pportunities to SPIN representatives. Com 2) Schedule staff presentations for ' Ongoing e regular Standing Committee th from full ifLE meetings, S ndin 3) Provide one formal skill development 2nd Quarter 1996 Responsible: Executive training session for Committee SPIN representatives. Dev orientation program 1) Establish a training committee 3rd Quarter 1995 Responsible:SPIN )r new SPIN representatives. for recommending training procedures to the full Standing neig 1, , # 12, and a nta , ith Committee. reco en i November 1995. 2) Develop a training manual for 2nd Quarter 1996 Responsible: Same as above. new representatives, 3) Establish a peer mentor program 1 st Quarter 1996 Responsible: Same as above. for new representatives. SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN) STANDING COMMITTEE 1995-96 Goals & Objectives September 1995 "fission Statement. To provide a forum which fosters open and timely communication between the citizens of )uthlake and city government regarding programs, activities, and issues that affect the quality of life in the 'mmunity. 'JOAL FOUR: SPIN should become more proactive in its efforts to identify and communicate issues of mportance to the community. Objectives Action Plan Target Date Comments Ensure SPIN awareness of 1) Direct staff to provide monthly % 3rd Quarter 1995 Res 1 xec ity planning efforts regarding report on upcoming ordinance Com e pcoming issues. changes/development, plan updates, etc. 2) Request City Council to considers 3rd Quarter 1995 Resp SPIN representatives for service on Com F,t:FM ad -hoc committees 3) Hold four city-wide forums to Ongoing Respo :vElecut discuss issues of importance with Com npu full neighborhoods. Standi Co Address specific l) Hold quarterly meetings as Ongoing Resp 1 St eighborhood issues through required by Articles of Com p sen 1 ngoing neighborhood meetings Organization, r other forms of Ongoing Resp ll St ommunication. 2) Utilize "SPIN Report" agenda ComF: sen s item to communicate neighborhood issues, concerns, activities, etc. SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN) STANDING COMMITTEE 41 1995-96 Goals & Objectives September 1995 'fission Statement: To provider cr ji,rum vs-hic•h fosters open and timely communication between the citizens of )uthlake and city government regarding programs, activities, and issues that affect the quality of life in the ?mmunity. �A ♦ r "V. _ -- _ JUAL, r i v E: Enhance the effectiveness and efficiency of the SPIN organization. Objectives Action Plan Target Date Comments Establish internal processes 1) Develo standardized format for • 4th Quarter 1995 Responsible: SPIN nd procedures. reportin o i ci r sand events t t din nei , # #1 1, and IMP tati or all Commi e. four Rtion 2) Develop meeting procedures to 4th Quarter 1995 ensure e o aced time for g om meeting rM 3) c ele ion DeFCM1 2nd Quarter 1996 procedre s o leadersn f SPINStandin ittee. 4) Develop a process by which 4th Quarter 1995 Standin a re tatives are repl v ece (resigns n, t etc.) Strengthen the working lationship of staff with the l) Co hly tive Comm' t gs. Ongoing Re r : Exe ttve Co e 3IN Executive Committee to isure that overall direction and 2) Provide Execupve ommittee Ongoing . iplementation of SPIN support SP agrams are carried out with committ ed f cial iff in a support role, and the projects .idance/development of the agram carried out under the 3) Where possible, the Executive Ongoing idership of the Executive Committ n" ncti h )mmittee. appointe t es, i form as. start of IN Is ZV �o^�p`kd of Metropolitan Tarrant East Ninth Street • Fort Worth, Texas 76102-6494. Phone: 817/258-8000 • FAX: 81 D November 18,1996 NOV .2 019% (�" �.Q/l(ul1 G hac" Curtis Hawk City Manager City of Southlake 667 North Carroll Ave. Southlake, Texas 76092-9595 Dear Curtis: Once again, your employees will be at the top of the 1996 list: $85.28 per capita. (In second place will be the City of Kennedale at $77.68.) Congratulations! Kim Lenoir andler committee did an outstanding job. The Southlake Fall Festival / United Way Luncheon on October 25 was extremely well - organized and imaginative, as well as productive. Plus everyone there seemed to be having a wonderful time. Curtis, thank you so much for allowing and encouraging your employees to create so many ways to benefit the United Way. These fine campaign results each year could not happen without your support and approval, and your employees, especially Kim and her committee, truly are the stars of all the municipal employee campaigns in Tarrant County. Because of your employees' generosity, hundreds of people across Tarrant County will receive United Way services they really need. You all should be feeling very proud! Sincerely, wa/ Marty Stone Loaned Executive Low= Arlington Northeast Tarrant b Area Agency on Aging of Tarrant County Arlington Human Service Planners United Way —Northeast Business Office/Access and Assistance Program 817/258-8081 8171548-9595 FAX 817/277-6919 817/282-1160 FAX 817/282-1275 United Way's First Call 817/258-8100 United Way's First Call 817/274-2534 United Way's First Call 817282-7565 United Way Mission: 'To create healthier communities by addressing human service issues of metropolitan Tarrant County.' City of Southlake, Texas November 19, 1996 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Award of Bid for Replacement Chain Link Fences at Bicentennial Park As you know, on November 5 the City Council authorized the staff to request bids for the chain link fencing on the older ballfields at Bicentennial Park which need to be replaced. Our goal is to have the fences replaced by January, in time for the Carroll High School freshman, junior varsity and varsity softball teams to begin their first season. This is the first time CISD has used City facilities as part of our Joint -use Agreement. The bid announcement was advertised on November 10 and 17. Bids were mailed to 30 area vendors. On Tuesday, November 19 at 10:00 a.m. the City received and opened three bids. Following is the bid tabulation. The budget for this project was $42,213. BIDDER Total of all 3 Fields American Tennis Court Contractors $39,026.00 NE Fence Company $57,703.00 Cleburn Fence Co. $73,000.00 Staff recommends the low bid by American Tennis Court Contractors, Inc. of Arlington. They have met all of the qualifications. Please put on the City Council agenda for December 3, award of bid for replacement chain link fences at Bicentennial Park to American Tennis Court Contractors, Inc. for $39,026. You may contact me at 481-5581, extension 757, if you have any questions. J�' KL City of Southlake, Texas • November 27, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of Bid for Water and Paving Improvements for Hilltop Acres and Kidwell Addition General In hrmati n There are a few remaining areas in the City served by water mains less than six -inches in diameter. In order to provide better fire flows in these areas, larger water mains are needed. This bid addresses one of these areas. (See the attached list of areas.) The Hilltop Acres and Kidwell Additions to the City of Southlake are located at the north end of Ridgecrest Drive. (See attached map.) South Lake Park Addition is adjacent and to the east. South Lake Park water service is not involved in the bids as the addition has its own water system. There is an emergency system connection between South Lake Park Water Supply Corp. and the City's public water supply on South Lake Parkway Drive. (See attached water system map.) , auncil did budget funds for the improvements of the water system and to concurrently repave the streets. Funds were budgeted in the FY95-96 Capital Projects, however, the engineering contract was not awarded until late spring; therefore, plans were not completed until the end of the summer. Thus, the funds were rebudgeted for FY96-97. Council has also budgeted in FY96-97 for the pavement reconstruction for Ridgecrest from Dove Street north to Woodland Drive. Ridgecrest reconstruction is planned for the summer of 1997. The project was advertised on October 20, 1996 and October 27, 1996. Bids were received, opened, and publicly read at 10:00 a.m. on November 12, 1996. Bid Tabulation Cheatham and Associates, Inc. has tabulated the bids. (See attached bid tabulation.) Eleven bids were received with the low bid submitted by Sutton and Associates. The low bidder does meet the requirements of the specifications. Special Conditions Because the current cul-de-sacs at the end of Briar Lane and Hilltop Drive do not meet the City's current design standards, the bids included an alternative bid for the improvements to these cul-de-sacs. They were bid as an alternative to determine the cost for the specific improvement and to enable Council to lluate these additional street improvements. 5B-1 Curtis E. Hawk, City Manager Hilltop/Kidwell Water & Street Improv. November 27, 1996 age 2 Funding/Fiscal Imps The FY96-97 Capital Projects Budget and bid comparison follows: Descnphon Budget Bizi lhfetence 8" water main 103,200.00 101,692.15 1,507.85 street reconstruction 250,000.00 option 1: base bid [not [76,515.80] [173,484.20] recommended] option 2: alternate bid (includes 95,755.94 154,244.06 cul-de-sacs) Totals 353,200.00 197,488.09 155,751.91 It is obvious that the budgeted estimate for the street improvements was high. The only explanation is that when the budget was prepared, the streets of Hillside and Crescent were included not realizing that youth Lake Park Water Supply Corporation provided water service to these streets. Even so, the udgeted estimate was too high. Staff recommends that the City Council award the low bid received from Sutton and Associates for Water Proposal: Water Improvements and Alternate Bid; Paving and Drainage Improvements for the total bid amount of $197,448.09. Please place this on the December 3, 1996 Regular City Council Agenda for City Council's review and consideration. attachments: List of Areas Location Map Water System Map Eddie Cheatham Letter Bid Tabulation C:\WPVAN60\WPDOCSISUBDr4\HU.LTOP\AWARD-B.MEM 5B-2 LIST OF AREAS WITH LESS THAN SIX-INCH WATER MAINS 1. Improvements are budgeted to the following areas: a. Kidwell and Hilltop Acres Additions b. Raintree, Hillcastle Streets 2. Remaining areas for future improvements: a. Lake Drive and north of Lake Drive (this area is north and east of Dove Estates, all north of Burney Lane) b. N. Kimball Ave., north of E. Dove Street C. Oak Knolls Lakeview, located south of S.H. 114, north of Southlake Blvd. and east of Kimball Ave. Includes the streets of Austin Place, Gatewood, and Oak Nolls Drive. d. Miscellaneous sections along S.H. 114 5B-3 1 I 1. L H. THROOP - I r Il y\ �� 1 IT » \ ' \ J. wtzv - =,_ } J.D. JOPdE3 _r= -1- =1'= 11 j= 31- E J — — . 1: i111111111m11 1 --� ' ,• ,ry _ S! i11111111 L1111111R1111111111111 Ii1in IIr21'riilliriiiTlirilril -',' J. wIZwELL �� I 11• '1{4.ILL4/ILAUSLclULLIJ 1111 1111 -,(1 , " �,: " nls. I b DAVID DO Yt91Y I� ,g�+Y I /11111/1 7' SLWWY ._ DEN � i y 1; 11111111111111 . TT AN 1 M .� _ Im V k � 1 -i - �...c r oc B b ' ' 'H��q i O" ANILnRE3 J - �__ ___ _-2 - !M ' n 210 All POO 344 i i i 9SIy'i S.IA N.n k 5T ,� oft fA 20L 2A k -- ZLIs k oft S.N k � ><A kac 09 left ^r` a22 k S k Wo Ag W k 1 '• wk 43k»� 3Lk : M Us 2x k ' as w : k u t — — — — i 9CIi00L I j 1; 1, j _ LOCATION MAP IT m -_-y' 1 1S3 SAc = 1 2 ; 4 �l in k � --- 1112 n.SlY`S .-C San~ c � k I" • ` --- asa k 5&_4 A am a L `� la --- J. WE3 Y It, US k .a m SIRI(r A_ND %A K ' 2 wk � to A.� � L: SM nt7 k I LA A, ;- L' In0 k 2a YA ra M«... cw 11 k b'IH.LIIUS do A.LIo l W Y Q J Lj N U 1 W Y i J O U i 16 LA Ld N _ 0 IN z z O Q z ry w Q o � — V tq�q I v WQa H m Y lal I I m � my ¢ i 1 • d0lllrLL— WATER SYSTEM MAP \ I 58-5 M Q m M IF cn W 0 x E- w x r� CHEATHAM AND ASSOCIATES November 21, 1996 Honorable Mayor & City Council City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Water & Paving Improvements Hilltop Acres & Kidwell Addition City of Southlake Job No. 001-523 As advertised, bids for the referenced project were received, opened and read publicly at 10:00 o'clock A.M., November 12, 1996. The low bidder is: Sutton & Associates, Inc. P.O. Box 677 Keller, TX 76244 (W We have checked the extensions and total and find the proposal to be in order. An alternate bid was included to facilitate the construction of larger radius cul-de-sacs at the end of two existing streets (Briar and Hilltop) for fire truck turnaround. It appears that the alternate bid is within the budgeted amount for this project. Therefore we recommend award of the contract to Sutton & Associates, Inc. in the amount of the alternate bid of $197,448.09. We enclose a bid tabulation for your use. If we may be of further service in this matter, please advise. Respectfully, Eddie Cheatham, P.E. F:\WORD\SOUTHLAK\523\Award.letter.wpd Enclosure: Bid Tabulation cc: Sutton & Associates, Inc. ss-6 te ENGINEERS - PLANNERS - SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. 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C O C C: a) C ) � ~ Z U) W Cf) Q- 'p '0 'O m S p M .` — V U p a) a) O C L w � Qw 1 U Ix Ga (D mmm mSCC:c-DCDEaa))44))T00)) C C :: z otS � O ca m Z c a) m a) m a) .o o o t —E cc c (Ca wo a) DO > =� Y> 5 U cc .r- U n 7 co � a m 0 Q'oN g o ro>a�� >>� (n'a N.N.N U) h H m y` H CL E0_ a N y > O C G W F-t0 W f' �0 C C C---ObU.> c > cwv O:;o a)U a) u � Q F- QJ p 2 n �a a a) E a) E a)� E mho V) ate- m mUUU�� in Q Q Q 7 = • v U U 2 0 Z i (� Vi m c m m U m U d U 0 0 0 m m 3 U J to = J 4? > N y Q i w W 0 W W m(OO -222 (>a •- (>p c- OU•pU a) 0 a) W ; Z ~ m Q in N N N N N CV (V (V m in in -p O� La O N O V o m0 0 ~Q2000UUUU-U-U-UUU2°r°Ur°io to m 7 lu'V.9-10! �N('7 tO 1� 0000 J tf-)L City of Southlake, Texas MEMORANDUM November 22, 1996 TO: Curtis E. Hawk, City Manager FROM: Lauren Safranek, Human Resources Administrator SUBJECT: Authorize The Mayor To Enter Into A Professional Service Agreement With FlexCorp to Administer Section 125 Flexible Spending Account As you are aware, we requested and accepted proposals for 125 plan administrators during our insurance RFP process in September. We decided to delay the implementation of a 125 plan until January 1997 and therefore, have just recently completed reviewing the 125 plan administrator proposals that were submitted. Proposals were submitted by Fidelity Administrators, FlexCorp, LifeRe, Mayer Hoffman McCann, AFLAC, and TML. The proposal submitted by Mayer Hoffman McCann was eliminated because it was incomplete and did not include any rate information. AFLAC was eliminated because it would only administer a 125 plan if the City also offered AFLAC's supplemental policies such as disability income, cancer insurance, and supplemental health insurance. TML was eliminated because it will only administer a 125 plan if it is also administering the client's medical plan. Therefore, the final evaluation was completed on Fidelity Administrators, FlexCorp, and LifeRe. Based on the information submitted by the three (3) administrators listed above, I am recommending that the City select FlexCorp as its 125 plan administrator. As is evident by the attached spreadsheet, the overall cost of FlexCorp is less than Fidelity Administrators and LifeRe. Though the administrative cost may be a little higher ($1500 annually), the monthly service fee for each reimbursement account remains the same whether the employee chooses one (1) or more accounts. With Fidelity Administrators and LifeRe, the initial monthly service fee for an account is not only higher, but increases if an employee chooses both reimbursement accounts (medical reimbursement and child care reimbursement). Additionally, FlexCorp's fee for the premium conversion option is the lowest of the three administrators. In addition to the lower cost, FlexCorp also provides more extensive services for this administration fee. FlexCorp will complete the required 5500 form for our review and signature where as the other administrators will only provide the information to complete the form ourselves. Additionally, FlexCorp provides a toll -free number for employees to call if they have questions, processes medical and dependent care reimbursement claims on a daily basis, and their average claim turnaround time is the shortest of the three (3) administrators. I received and checked recommendations on FlexCorp from Jackson County, Nueces County, and Van Zandt County and all three agencies provided very positive comments on their relationship with FlexCorp and the satisfaction of their service from FlexCorp. The estimated cost to the City for 1997 is $4,158 assuming 31 employees participate in the premium conversion (the current number of employees that are having premiums deducted from pay checks) and 50 employees participate in a reimbursement account ($1, 500 plus (($1.50 x 31 + $3.50 x 50) x 12 months)). Cost above the $1,500 administration fee is contingent on the sif- l MEMO November 22, 1996 the premium conversion and/or reimbursement accounts. I have obtained written confirmation that these rates will remain unchanged for two (2) years and that the rates quoted in September will be honored. The implementation schedule includes enrollment meetings the first week of December, enrollment forms due on December 16 and a start date of January 1, 1997. Please place this item on the December 3, 1996 City Council agenda for approval. Please feel free to call me at ext. 836 with any questions you may have. I w I w I p ICI 'pl Q n c w w w, Z apO m I } } U C c g m Y LL a Q N 3 te -- - - m I Z O O C9 C9 C9 C7 0 0 > O OM i Z Z ZI Z Z IZ Z Z c c t I I I I i l I l I I I E c I 'O, IQ V y� C C C m rA W } cn } U �(O+)I IZI t0 ao 0. O Ic0 uCIL l §E N w Iw leA I �wl m i m.? c aCL J j o o n- 3 j t in N p Z' I�2!: rn o rn rn y > >,n N W W c a l �o��c y O w U ( I o of coi C 2 rn c U I oc y m a �o o 'olv I (a EI I I,n old, E I o ,n a 3 a� y $' LL IIIw OM L ... - — mO .Qi i I I I I O 0 i I jII O NN ICCL wW a LN O to Z tA, Mt o, NC N I w I fA !A O ) m T o a) c i i nl� a m E o ��aE `o 'co 3 cU y o tpq tpq aEi p 3 cmi LL �N Na I I I -y I C1 I I m p U U o g I m 2 Z CO •lV •� I E N Vml N'c Imo' I `�i E; •�j I E Iv v a a> I N Ivi I j twa I I I L c nI m' I I I Ici S. Q) t o N ICI IYI :� l I of U o v v_ m rn aa) c_ 'o I u I ICI I y IQ IQ I I I I E o H o. n o C .al E Vl U u.. E Q ( E y C °c°co C aw c ; c°i Q d H M o c o O v H Z E u E 3 - 3 Z a� m E E �I II2I I a 5 g I,> a I0 � I'--• �i I m u LL Z r ai E;•-C c IEI•-I I • OI Q N m ;�� O'� (D dal; I�.w m la ! a to m �- awl 'C- 3 ��voum00000MOoa000moN II��II�I�IgpIIININI 1 ullllllllllllll9lll�llllll �Illnllllllllllllnllll0llll OGInIR19�101II�IpI��I�ONI �I�I�IINOINIIII�IIIII�I � uIMII�IIIIIIAInlll9�ll NIIIIouIIIl01NIn00lllnl "-Td 4 NOV, -2:' 96 (WED) 11: 30 HAND GROUP TEL: 713 939 5880 P. 002 FLEX I CARP FLEXIBLE EMPLOYEE BENEFIT PLANS THIS AGREEMENT is entered into by and between the City of Southlake (the "Employer") as Plan Sponsor and Plan Administrator of the City of Southlake Flexible Employee Benefit Plan (including a Medical Care Reimbursement Plan and Dependent Care Assistance Plan, if applicable) (collectively referred to as the 'Tlan") and Flex Corp, a corporation organized and existing under the laws of the State of Texas with its principal place of business located at 5700 Northwest Central Drive, Houston, Texas 77092. ' � 111_�u 1 ►II, The Employer hereby appoints Flex Corp to provide the following technical, advisory, administrative, and reeordkeaping services for the Plan as the Employer may from time to time deem necessary for the proper administration of the plan: o Consulting with Employer regarding design of plan, including a Medical Care Reimbursement Plan, and Dependent Care Assistance Plan where applicable; drafting of initial plan document(s) for review by legal counsel for the Employer; a Preparation of enrollment and communication materials; o Enrollment of employees; o Monitoring plan usage for compliance with applicable tests for nondiscrimination under Section 125 of the Internal Revenue Code of 1986; o Administration and accounting of deposits and disbursements from salary reduction contributions and spending credit dollars, as applicable; o Processing of flexible spending account reimbursements and providing employee reports on reimbursement accounts; o Preparation and delivery to Plan Sponsor of annual reporting and disclosure forms for timely filing with appropriate governmental agency. t �• ; UALIEW �1 t The Employer agrees that services provided by Flex Corp under this Agreement are based upon information furnished by the Employer or insurers contracting with the Employer to provide benefits available for selection under the Plan and that Flex Corp may rely without detriment or damage on such information and the Employer agrees to hold harmless and indemnify Flex Corp for any claim, damages, or other liability which maybe incurred on account of reliance on such information. FCO2 (Adm. Serv. Agree.) November 1996 Hand Building - Suite 320 - 5700 Northwest Cent -al Drive - Houston, Texas 77092-2092 - Phone: (713) 460-4850 Nationwide:1-800-856-3539 Fax:713-460-0361 "5e S NOV. -27 96(WED) 11 31 HAND GROUP TEL:713 939 5880 P. 003 This Agreement covers administration of the Plan on a month to month basis and will continue in effect and will be automatically renewable each month until either party hereto notifies the other party in writing of the termination of this Agreement at least thirty (30) days before the date the Agreement is being terminated. In the event the Employer terminates this Agreement, fees agreed to below will be remitted to Flex Corp up to the date of termination of this Agreement This Agreement may be amended upon written agreement by both parties. (4) FEEARRANGEMENT/START-M! FEES The Employer agrees to pay Flex Corp a monthly administrative fee comrucncing on January 1, 1997 (the "effective date" of the Plan) which shall be due and payable upon receipt of a billing statement from F X Cote. The monthly administrative fee shall be computed as follows' Premium_ Conversion .................... $1.50 pLU-1 One or Both Reimbursement Accounts ........ $3.50 per participant per month Base Monthiv Fee ...................... $125.00 Fee Guarantee ........................ 2 plan years (January 1, 1997 - December 31, 1998) If for any reason this Agreement is terminated within twelve (12) months of the effeetNe date, Employer agrees that in addition to payment of the monthly administrative fee described above from the effective date to date of termination, Employer shall pay Flex Corp for preparation of draft plan documents, summary plan descriptions, and any enrollment materials with such charges based on Flex Corp's current fee hour rate, plus out-of-pocket expenses applicable to such items with such time and expense charges. Employer further agrees that in the event the effective date is postponed for any reason after acceptance of this Agreement and any work has been commenced by Flex Corp pursuant to this Agreement, such time and expense charges described in this paragraph shall be paid by Employer when billed by FIex Corp for such services rendered. Any services which may be requested from time to time by the Employer which are in addition to those described herein maybe billed to the Employer by Flex Corp at its current fee hour rate plus actual expenses. t CO2 (Adm. Serv. Agree.) November 1996 * 2 NOS', -2" 96 (WEW 11: 32 HAND GROUP TEL 13 939 5880 P. 004 (5) RE&ONSTBILITIES Flex Corp upon receipt of salary reduction contributions or spending credit dollars from the Employer shall hold such funds in a fiduciary capacity and disburse same as provided in subparagraph (6) hereof and in accordance with the terms of the Plan. On receipt of salary reduction contrr�rtions or spending credit dollars from the Employer, Flex Corp shall retain fees for administrative services in accordance with the terms of the fee agreement described above. The remaining portion of the contributions shall be promptly deposited in a fiduciary bank account, and Flex Corp shall maintain separate records to record the deposits and withdrawals from such account on behalf of each Plan of each Employer with fimds in such fiduciary bank account. Withdrawals from the fiduciary bank account shall be made as provided for in the Plan for purposes of reimbursing participants covered under the Medical Care Reimbursement Plan and Dependent Care Assistance Plan. Such withdrawals from the fiduciary bank account shall be transferred to and deposited in a claims payment account for payment of such claims as property submitted in writing by the participants, and the Employer hereby authorizes and consents to Flex Corp to draft on the claims payment account for purposes of paying each claim for reimbursement under the Medical Care Reimbursement Plan and Dependent Care Assistance Plan in accordance with the terms of the Plan. Upon proper proof of claim for payment, Flex Corp shall as authorized by the Employer make the payment from the claims payment account by a date no later than sixty (60) days after the date on which valid proof of claim has been received by Flex Corp or such earlier time as may be required by applicable law and regulation or by the governing Plan document. Unused amounts remaining in the Medical Care Reimbursement Plan or Dependent Care Assistance Plan shall be returned to the Employer in accordance with the berms of the document regarding each plan. (7) AINTENA=NyCE OF INFORMATION Flex Corp will maintain at its principal administrative office adequate books and records of all transactions in which Flex Corp engages with the Employer and plan participants. Such books and records shall be made available by Flex Corp to the Commissioner of Insurance. State of Texas and his designated representatives for examination in accordance with Article 21.07-6 of the Texas Insurance Code. Such books and records shall be maintained for the duration of this Agreement and for the five (5) year period following the date this Agreement is terminated; provided, however, Flex Corp in the event of termination of this Agreement may in its sole discretion deliver tq a successor administrator appointed by the Employer which is a certified Third Party Administrator under state law or to the Employer, the books and records maintained by Flex Corp in accordance with this Agreement. Upon giving written notice to the Commissioner of Insurance regarding the location to FCO2 (Adm. Serv. Agree.) November 1996 3 sc-7 NOV. - ?' 96 (WEDI 11:32 HAND GROUP TEL:713 939 5880 P. 005 which such records were trsnsfetted, Flex Corp shall be relieved of any further responsibility for maintenance or custody thereof. Any information that identifies an Individual covered by a plan administered by Flex Corp pursuant to this Agreement is confidential. During the time such information is in the custody or control of Flex Corp. Flex Corp shall take reasonable precautions to prevent disclosure or use of the information of the Plan. Such information shall only be disclosed (1) in response to a court order; (ii) for an examination conducted by the Commissioner of Insurance, State of Texas; (iii) for an audit or investigation conducted under the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001, et seq.); (iv) to or at the request of the Employer or the insurer of a plan administered for the Employer by Flex Corp; or (v) with the written consent of the identified individual or legal representative thereof. To the extent the provisions of the Plan as it now exists or may be amended from time to time further identify the administrative services and responsibilities of the parties hereto, such documents are incorporated in this Agreement by reference as fully as if copied verbatim herein. (10) FMCMM DATE This Agreement is effective as of the date of acceptance by Flex Corp evidenced by signature below. AGREED TO: CrrY OF SOUTHLAKE BY: Signature Title DATED: (Date signed FCO2 (Adm. Serv. Agree,) November 1996 * 4 * FLEX BY: � sue DATED: I� � li (Dat Accep ) City of Southlake, Texas November 26, 1996 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Assistant to the City Manager SUBJECT: Resolution No. 96-69, Authorizing the City Attorney to proceed with condemnation of an easement on the Reutlinger property described as being Tract 3A out of the Hiram Granberry Survey, Abstract No. 581. The attached resolution will authorize the City Attorney to proceed with condemnation action in regards to obtaining necessary easements on the property owned by Dr. Richard Reutlinger, immediately east of Lake Crest subdivision, south of FM 1709, and west of S. White Chapel (see map attached). This easement is necessary to allow for drainage improvements to the existing drainage ditch below Bicentennial Park. The residents along the easternmost lots in Lake Crest, at Caddo Lane Drive, have experienced some minor flooding in the back of their properties due to the existing drainage ditch being shallow and obstructed. The utility easement is needed to construct a portion of the S-4 sanitary sewer line, which will in part serve the Shady Oaks Shopping Center development at the comer of Shady Oaks and Southlake Boulevard. A preliminary plat of the property identified this easement, but the property has never been final platted. Councilmember Ralph Evans has been in contact with the property owner on behalf of the City, but as yet, an agreement has not been reached on the acquisition of this easement. City Council at its last meeting, directed staff to bring forward the necessary resolution to initiate a condemnation lawsuit. A copy has been sent to the City Attorney for their review. Please place this resolution on the December 3, 1996 regular City Council meeting agenda for consideration. Attachment 11 r-. - ZONING MAP INC n. *1 4.8 1.- ], r• r. S'F r— _ 7- *A WI M t IL rL I /' 1 I '• let 1. /• . e -. RE) ; — ; I �, 1 Y SAC. �C � �- K__11 j e:T„ct� LL 1 t : oE4 04 I I Uftyf r St e7 I J ' f. a fW ..,.�7 STT- ads- „eft ...a-__Y__� F 30 �_S'tilA v A T N4 094 . __ ..--- — — — 2e t \ ZA ,JI•-• ]w 1 - -"I� Ni 1),I: C.'. 4• ,---• NT[NM/l LLI\Ilk� I 'I%,'O!,Or IAMQII�i— jam' Co sr i'i jr 7_ \ 38 WEST SO TM K L'aIVLo�; '•' _ -- - za is :y2� z — ycJ — y )cz . I•c.- ._.. I I 9 • �VS� •' 1,'O•c ify� 1 IS La N A ,I L.U. ��`'-�..+ �• '• I ( r— !�` �Sar l4itM 2aI, 2L:J iA2` iL.i - SURvEr i T M4.91- - ^ — ,� S I 2ue-1 20 L. \_ - ES �N 1 ES G 1 . )s• VAN TE it I NA, f �' u'k H (� y•c rs ' uc. (f f nv • 0.00U 0A ra(t ID0$0= z� .._ i 7c-2�- _ CN pELAd )� j L P oZ (W RESOLUTION NO. 96-69 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A PERMANENT UTILITY AND DRAINAGE EASEMENT, A PERMANENT UTILITY EASEMENT, AND A TEMPORARY CONSTRUCTION EASEMENT FOR USE BY THE CITY FOR PUBLIC PURPOSES PERMITTED BY LAW. WHEREAS, the City of Southlake is in need of constructing a permanent drainage facility in order to alleviate upstream drainage problems and to mitigate flooding into adjacent neighborhoods; and WHEREAS, in order to complete construction of this drainage facility, it is necessary for the City to acquire easements from property owners who own land across which the drainageway will be located; and WHEREAS, the City is also in need of acquiring a utility easement for construction of a portion of the S-4 sanitary sewer line; and WHEREAS; 'the City and the owner of said property, Dr. Richard A. Reutlinger, have been unable to reach an agreement on the acquisition of this easement; and WHEREAS, the City Council now deems it necessary to authorize the City Attorney to initiate condemnation proceedings in order to acquire the necessary easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The City Attorney is hereby authorized to bring a condemnation lawsuit for the purpose of acquiring a 50' wide permanent utility and drainage easement, a 15' wide permanent utility easement, and a 35' wide temporary construction easement, being more particularly described in Exhibits "A" and "B" for parcels Part I and Part H, attached hereto. SECTION 2. The City Council finds that such acquisition in this condemnation action is necessary in order to serve the public health, safety and welfare. (Moe DAWP-FILES\RESOLVIIREUTLING. WPD Page I PASSED, APPROVED and EFFECTIVE this day of , 1996. Mayor, City of Southlake ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: (mve City Attorney D:\WP-FILES\RESOLUT\REUTLING.WPD Page 2 SURVEY OF 50' PERMANENT EASEMENT - PART I A z�< a is SO a^8 g = o N 1 W if .4 r= o rx noo (r. SCLfr LAKE OLVDJ $ (ILO.v. VAM(S) V .- 1 a 3 o' v� In o co 'n ao z O V A J f7 0 o�E M � 03 a � �a =CL e a s �v c o ° c O ° NZ D ZC ° o n2- p � H Cpw W ~ O Y •_ :4a 5 N •s ° R N o °yCL n a v a J H V SURVEY OF 15' PERMANENT EASEMENT - PART ii A ---=-------- -----'''"- to ^- A A A 1 w _ m CL /AL 1709 R SOUTMLAR[ BLVD.) Z (t0.u, r�MCt) Irv~I! Wb F+ �J, CL CC a �a U� 1 1 1 �¢N I (� W pool <�< it I 11 rN< I O U a n`� I -:u 2 L 0 Z c C L N � A G a P ). � � E 0 3 0 o � V y°3 � V • p = Y N ... n � o o n c ? d Iris n� < o = P n V u a, o � L e 2 < x '< 5' »� a s v t u 9 W i a o METES AND BOUNDS LEGAL DESCRIPTION - PART I EXHIBIT 3' Permanent Drainaze and Utility Eascrnent Being 1.24 acres of land, more or less, situated in the Hiram Granberry Survey. Abstract No. 581. City of Southlake, Tarrant County, Texas and being a portion of a 15.0 acre tract of land conveyed to Dr. Richard A Rein inger of record in Volume 6785, Page 807 of the Teed Records of Tarrant County, Texas, which 1.24 acres of land, more or less, is more particularly described as follows- 00X04&NCWG at the point of intersection of dic southerly right-of-way line of F.M. Highway 1709 with the west line of said Reutlinger tract, said point being 65.00 feet southerly of and radial to F.M. Highway 1709 centerline survey station 304+36.56, said Point being in a curve to the left having a radius of 5,794.58 and a central angle of 00° 08'54"; THENCE S 01° 04' 54" W. along the along the west line of said Reutlinger tract for a distance of 316.96 to the POINT OF RF.C.TINNLNG, said point being in tix west line of said Reutlinger tract and in the east line of the Lake Crest Addition, a subdivision within the City of Southlake; ENCE S 02° 03' 01" E, for a distance of 169.23 feet to a point for corner; THENCE N 970 56' 59" E. for a distance of 40.81 feet to a point for corner; THENCE S 01 ° 04' 54" W, for a distance of 1,066.61 feet to a point for corner; THENCE N 88° 55' 06" W, for a distance of 50.00 feet to a point for corner. -aid point being in the west line of said Reutlinger tract and in the east line of the Lake Crest Addition, a subdivision within the City of Southlake; THENCE N 010 04' 54" E, along the west line of said Reutlinger tract for a distance of 1,233.36 feet to the POINT OF BEGINND G, containing within these metes and bounds 1.24 acres or 54,046 square feet of land, more or less. =:lW0RDU.EGA:ZX=-L-P-L2.LGL METES AND BOUNDS LEGAL DESCRIPTION - PART II F7:4IBIT'B' 15' Permanent utility Easement and 35' Temporary Construction Easement Being 0.167 of an acre of land. more or less. situated in the Hiram Granberry Survey. Abstract No. 581. City of Souddak,e. Tarrant County, Texas and being a portion of a 1.5.0 acre tract of land conveyed to Dr. Richard A Reutlinger of record in Volume 6785, Page 807 of the Deed Records of Tarrant County, Texas, which 0.167 of an acre of land, more or less, is more particularly described as follows: BEGLNN2 G at the point of intersection of the southerly right-of-way line of F.M. Highway 1709 with the west line of said Reutlinger tract, said point being 65.00 feet southerly of and radial to F.M. Highway 1709 centerline survey station 304+36.56, said point being in a curve to the left having a radius of 5,794.58 and a central angle of UU" Ub'54"; THENCE Southeasterly along said curn'e a distance of 15.00 feet to a point for corner in the southerly right-of-way line of F.M. Highway 1709 and in the north line of said Reutlinger tract: THENCE S 01 ° 04' 54" W. for a distance of 485.92 feet to a point for corner; THENCE S 87° 56' 59" W. for a distance of 15.02 feet to a point for corner. said point being - in the north line of said Reudinoer tract; THENCE N 01 ° 04' 54"E, for a distance of 486.44 feet along the west line of said Reutlinger tract to the POINT OF BEGINNING, containing within these metes and bcunds 0.167 acres or 7,293 square feet of land, more or less. r '�Vl'ORTY.T.EGAJ. S.REL"r-i.1 LGL City of Southlake, Texas (W November 26, 1996 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Assistant to the City Manager SUBJECT: Resolution No. 96-70, Authorizing the City Attorney to proceed with condemnation of the Brunson property described as being part of Tract 1B of the Littleberry G. Hall Survey, Abstract No. 686. The attached resolution will authorize the City Attorney to proceed with condemnation action in regards to obtaining property immediately south of and adjacent to Bicentennial Park (see map attached). This property was shown as "future acquisition" on the Bicentennial Park Master Plan, recently approved by City Council. Per this Master Plan, the property will primarily be used for ballfields, parking and driveways and is needed to complete Phase H of the Bicentennial Park expansion plans. Over the past several years, previous Mayor Gary Fickes has negotiated with the property owner a number of times on behalf of the City, for acquisition of this land. Current Mayor Rick Stacy has also negotiated with the owner. City Council at its last meeting, directed staff to bring forward the necessary resolution to initiate a condemnation lawsuit. A copy has been sent to the City Attorney for their review. Please place this resolution on the December 3, 1996 regular City Council meeting agenda for their consideration. Attachment Z-- l r ZONING MAP -- - ' SIC. ticu .j ,o ,W c 1 Ito iG�. t _I_ CS 1 1 `�• 1GO , f I �1 1 1 1 I �.111A1- 1 i 1 i l l i 1 1 I 1 i 1_•�'1'_ 1'LI .,Y1 IIA:A ,A K 03 N 2 -A Lff 1. < ♦.��.i.{ �. i L' n � I •r If" 1 1 - 1 1 / ; 1 '�f LL i i 1 ♦ SAS sFr/ y DER' SFIA AG CS y I anc >e, - — - wENS Z` 2 m ..r` -- i 0T - >+ 3 AppR�oN �� CS 2- A A 1e '-- At 15 Ac � KST caw u d 1 x D _ 1 1 1 ' ' .. L.♦ I `. m 2F 1A1 ' ; \ i 2 R =2 SC Y 01 A : i i i •i' i "* 0"'r 5F2 �f SFIA i•k�i; . w.'.i -i m E 5vA E SFL — r t x 2CIA 1 — 4.5 Ac E� — _ gU►- N HAP 1XKS -- ,k 4 ACTA ' SF1A A50 e - �3 . �� r T.i-1,-•. .'�.� _ .,�j�'1�' 1 T i i i �L' - ,0 At _r P� - 1• wi 50 1 _.t/ • �� a 1 i_. _ — R� L._. w su.r A AC dEI a Y' o� _ - S QAT THE SF1 1 7C 1 w 1 , , atiml to ,M - C�j} LAG /— w RESOLUTION NO. 96-70 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING FEE SIMPLE OWNERSHIP OF LAND FOR USE BY THE CITY AS A PARK, LIBRARY OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW. WHEREAS, the City of Southlake currently owns property which is being utilized for park purposes, said premises being known as Bicentennial Park; and WHEREAS, the city council has determined that certain tracts of land adjacent to and immediately south of Bicentennial Park would be in the public interest to acquire for the future expansion of Bicentennial Park or, in the alternative, for utilization for other public purposes; and WHEREAS, the city and the owner of said property have been unable to reach an agreement on the acquisition of this property; and WHEREAS, the city council now deems it necessary to authorize the city attorney to initiate condemnation proceedings in order to acquire property necessary for public use; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The city attorney is hereby authorized to bring a condemnation lawsuit for the purpose of acquiring approximately 9.941 acres of land, being part of Tract 1B of the Littleberry G. Hall Survey, Abstract No. 686, for the purpose of providing a site for future expansion of Bicentennial Park or for other public purposes permitted by law. SECTION 2. The city council finds that such acquisition in this condemnation action is necessary in order to serve the public health, safety and welfare. D:\WP-FILES\RES0LUT1B10ENn.WPD Page 1 .,5E'-3 PASSED, APPROVED and EFFECTIVE this day of , 1996. ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney ► DAWP-FILES\RES0LUT\BICENT2.WPD Mayor, City of Southlake Page 2 SE- Z/ City of Southlake, Texas November 25, 1996 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Policy for reimbursement of Council expenses pursuant to Southlake Home Rule Charter, Section 2.05 During the City Council meeting held on September 17, 1996, Mayor Stacy appointed a Council Sub -Committee consisting of Deputy Mayor Pro Tern Pamela Muller and Councilmembers Scott Martin and Gary Fawks to come up with a policy for reimbursement of Council expenses that would be in compliance with Section 2.05 of the Southlake Home Rule Charter. The City Secretary was to assist them in this process. The Sub -Committee met three (3) times in October (4th, 14th, and 25th) and have prepared a policy which has been sent to the City Attorney, Analeslie Muncy. The policy presented is one which Ms. Muncy has reviewed and made comments with regard to. After reviewing, if you or Councilmembers with to discuss this policy prior to the Council meeting, please feel free to contact any member of the sub -committee. 5F-� r NOV-25-19% 16:50 FIELDING,BARRET & TAYLOR 8173324741 P.02iO4 CITY OF SOU113LAKE CM CODNCM EXPENSE POLICY a statemeat Section 2.05 of the Home Rule Charter of the City of Soudflake provides that the 'member s of the Council sW serve without pay or provided, however, that they shall be entitled to reimbursement for cgxn es in the parformance of they specific duties when approved by the Council-" Several orgamzations at the state, federal, and local levds provide beneficial meetings and educational seminars for elected officials throughout the year. These meetings and seminars are hdpfid to dewed officials in fidMm their responsibility to the citizens and are important in fostering legislation favorable to the city. It is the policy of the city coamcil to enoouaage city council members to attend these meetings and seminars In order to more effectively perform their official duties. (b) purpose. The purpose of the city cound exp = policy is to implement Section 2.05 of the cdy charter by Pig cky eocmcrl approval fbr certain expenses, requiring add'monal city council membersappwval for other for approved es, and � while performing their duties. of � city eountal (c) Meetings, semi art, and other travel (1) Events approved for city coancfl members traveL When funds have bean budgeted, rei:nbw�eam� for travel axpeoses of all city council members is authorized fhr sttcadance at the following: (A) Texas Municipal League annual meeting: (B) Two national meetings each fiscal year from among the foRowing: (i) National League of Cities annual meetiM (n) Annual Congress of Cities and Exposition; (&) Other meetings as designated by a majority vote of the city council; (C) Institute of Mayors and Council Members conducted by the Texas Municipal League; and (D) Local events held in the DaRmTort Worth Metroplex area (indudiag Denton and mid -cities) sponsored by the North Central Texas Council of Gover=ents, Texas Municipal L,engue, or the State of Teats (not including ovetni& ). In addition to local evems sponsored by these orgaivzstiona, the city cou mA members " attend the following events at the city's else: (i) Monthly Southlake Chamber of Commerce luncheon; (u) Annual Soutblake Chamber of Commercx Banquet; (iii) Annual SouthWw employee awards Banquet; (rv) Aazrual Taff mt County Mayor's Off rsd im Banquet-, and (v) Annual United Way Volunteer of the Year Dinner. (2) Events approved for the mayor or the mayor's desigma In addition to the events approved f r ucia - - iemeot in Subsection (cxl), when flunds are budgeted, reimbursement of travel expenses of the mayor or the mayor's designee is authorized to: cmrCOUNM Odom POLICY P,4Crai SF-a- r NOV-25-1996 16:51 FIEL.DING,BARRET 8 TAYLOR 8173324741 P.03iO4 (A) attend the annual meeting of the U.S. Co a rence of Mayon; and travel to To J in of the Sister City Program. (B) annually yoma, apace support (3) Other events and travel expend. Reimbursement for expenses of fraud of city council members for purposes other than those listed in Subsections (cxl) and (e)(2) must be approved in advance by a vote of a majority of the city =moil. (d) . P, , crrsabie tmvd espenses. The following vacs may be rambursed when a coal member travels to a meeting or seminar or for a purpose authorimed pursuant to Subsection (c). Expenses for other purposes =9 be approved for reimbursement by a majority vote of the &Y Cowen. (1) Trasisportation- (A) Pavond vehkkL A, city council member may be rch burled for mileage and parid% cgenses in the use of a personal vehicle for travel beyo®d the cities c mdpwus to the City of Southlake if the round tip does not exceed eed 250 mils. For bolter distant tips, I limt is limited to the lower of the vehicle mileage r+aimbursernesrt or the air fare. The mileage I eimbursement is at the rate eateblished for reb*w wment of city empbY0e5. (B) Air travel. R,eivmbursemeut for air t [Wel is limited to coach fare and the most direct route available. (C) Airport tramportation. Airport shuttle services should be used wheoem feasiible in preference to taxicabs. (2) Meals. (A) Reimbursement for meals and meal tips is limited to $35 per day. Only a=d expenses will be reimbursed, and the city will not make rei, for alcoholic beverages. (B) In cases when travel is in a location with umnuatly high meal costs (e.g., New York City), the per diem areal rate may be adjusted by a majority vote of the city council. (3) Led&& Wbile city Council members should be oomSortably lodged, bmvy hotel accoaunodations to be reimbursed by the city should be avoided. (4) Tils- Rcimbursement for reasonable meal and baggage tips is authorized. (5) Travd time. Reimbursement for travel cqxnses will be made only far the duration of the travel necessary to conduct the city buss. (400, crrY oom4cm EJt Ent Pou1CY PA022 5�� NOV-25-1996 16:51 FIELDING.BAFa:ZET 8 TAYLOR 8173324741 P.04iO4 (e) Other reimbun able expenses. In order to improve the effectiveness of cainca7 members in the pafvcmance of their duties and to assume necewary between caunca'1 members and city sta$ the city shall provide: (1) a mobile telephone to the mayor for use in the performance of the mayor's duties; (2) an alpha pager to city council membco in order for the city staff to send messages of meetings and emergeac. , and other important Information as necessary', (3) a charge card to the mayor or the mayor's dedpw for use while conducting city business. It is anotichwed that it may be necessary, for the mayor or the mayor's designee to buy meals during meetings at which city business is conducted; and (4) upon reasonable request by a city council member: (A) equipment or supplies necessary for the performance of the City council numbees duties; and (B) gryvamnent raWW p Mcations, which sh&B become the property of tare city. (f) r4osomy. N the authorirstions contained in this policy, city council members are ctpected to practice economy appropriate to the ch, n a mistanoes of tore perr'bcmance of their dudes. Administration of city council acpenaeL The city secretary is respons�a for adaun>sterirtg b� City council expenee reimb+u cement process. Upon receiving notice of an evcmt or meedag that is au thodzed for by this Policy, the city seuvwy shall provide information to the city vound mambas. City council members wishing to attend a meeting or semroar authorized under this poky, shall noey the city secretary, who shall make the arrangements neomary for reostratwn and travel (h) Travel advaneeL The city secretary may issue a travel advance upon the request of a city council member for rdated to travd for a meeting or sty in an amotmt sufficient to cover the costs for transpartWke, med% lodging, tips, and registration. In determining this amount, the city secretary shall use the seminar or meeting information available. (i) Travd expense report. Accounting for travel expenses is the rCVOBS"4 of each IAY council in my* P r. Upon completion of tra vd, city council members shall submit to this city secretary a complete tr vei expense report on a form provided by the City Secretary. Ail expenses must be mupported by documectabon. Rempts for all t gwses must be attached to the travel expense MOM If a travd &&a= eras issued, the city omwo member mug the travd expense report to the city secretary within five business days of returning from the travel and rekkurse the city or be reimbursed the diffeerenoe betwocn the advamoe and the actual travel expenses. The QtY secretary shall forward the travd expense reports to the directorof fimme. cm couNca Vsrtss PouCx AM s TOTAL P.04 sF-s` TRAVEL POLICY GUIDELINES The City recognizes that the public interest requires employees to travel from time to time to conduct City business. Further, the City recognizes that the public interest is served by the advancement of training and professional development of employees. The following policy guidelines are set forth to establish and maintain stewardship of public funds. III. Application These policy guidelines are intended to apply to all employees who travel on behalf of the City. IV. General Guidelines A. Travel Authorization. 1. Prior approval is an integral part of the travel policy. Employees who travel more than fifty miles from the city on City business and incur expenses are eligible to receive expense reimbursement subject to the prior approval of the travel by the City Manager. 2. Legitimate emergencies or required weekend trips where it is impractical to get ri r approval may be an exception. B. Travel Expense Advances. Employees may request advance travel expenses to defray expected costs. The request must be submitted on the top portion of the City of Southlake Travel Expense Report with the request for Travel Authorization. 2. Travel advance requests must be submitted to the Finance Department at least five working days prior to departure. Upon the completion of the trip the employee must complete the bottom portion of the Travel Expense Report and at such time reimburse the City or be reimbursed the difference between the advance and actual trip expenses. These reports must be submitted within five working days after the employee returns from a trip. C. Out of State Travel. 1. A Department Head will be allowed one trip out of state to a national conference P P per budget year. 2. Generally, employees below department head will not be allowed to travel out of state. Exceptions may be considered in situations where an individual is an officer in the organization, or on the program of the meeting. D. In State Travel. Generally, only one person, per department, will be allowed to attend the annual TML Meeting or other conference outside the local area. E. Local Travel. Employees who travel on City business within a fifty mile radius of the City and incur expenses are eligible to receive reimbursement for allowable expenses without prior approval by the City Manager, however, subsequent City Manager approval will be subject to the availability of budgeted travel funds and the justification for the travel. F. Exceptions. All exceptions to these Travel Policy Guidelines require the approval of the City Manager or the City Manager's designee. V. Allowable Expenses The following comments are for information and guidance in determining which expenses are allowable. This is intended as a guide and is not necessarily all inclusive. Discretion remains with the City Manager to approve travel expense for unusual circumstances. A. Transportation 1. Personal vehicles may be used if the round trip does not exceed 250 miles. If a personal vehicle is used by an official or employee for longer distance trips, the trip reimbursement shall be limited to the lower of the mileage reimbursement for personal vehicles or the air fare. 2. Air travel reimbursement shall be limited to "coach" fares utilizing the most direct route where such services are available. 3. Car rentals are not authorized, as a rule. If extenuating circumstances require car rental, a full explanation for the car rental is to be attached to the request for reimbursement. Rental of a car is authorized only at a destination reached by air travel when: (a) there is a necessity for ground travel other than to and from the airport; and (b) another form of reasonable transportation is not available of the use of other forms of transportation is more costly than rental of a car and the parking expense that may be incurred. 4. Airport shuttle vehicles or public transportation are to be used whenever feasible, in preference to taxis. 5. City vehicles may be used for local travel as defined above. Approval of the City Manager is required for longer trips. 14 E. F 0 0 Expenses for meals and meal tips are not to exceed thirty five dollars (S35.00) per day per person. This is not to be construed as a flat per diem rate, and only actual expenses incurred are to be reported. 2. In cases where travel is in a location with unusually high meal costs (e.g., New York City), the per diem rate may be adjusted. 3. Employees may pay for meals of other City of Southlake employees who are on City business, but should list the employees' names on the Trip Report. 4. Reimbursement for the reasonable cost of meals for a City guest may be authorized by the City Manager but only when it is clearly in the best interest of the City of Southlake. 1. While the City of Southlake expects its officials and employees to be comfortably lodged, luxury hotel and motel accommodations are to be avoided. 2. Reimbursement for lodging shall be limited to the minimum number of nights required to conduct the City's business. I11�1*h3_WSOM The Trip Report must state the inclusive dates and times of absence. Adequate travel time is to be allowed, but travel expenses are not to be paid for absences not required by City business. Upon completion of travel, employees are to submit a complete Trip Report for reimbursement of expenses. Receipts should be attached to the report including: 1. Hotel or motel bills 2. Transportation bills (air fare, etc.) 3. Automobile expenses, such as gasoline, oils, etc. (when applicable). Travel and Travel Expenses for Dependents: 1. The City of Southlake will not pay registration fees for the spouse of an employee accompanying the employee to the meeting for an association or conference nor any additional cost for the hotel accommodation for a spouse sharing the same room with an employee. Qe 2. No meals for the employee's spouse will be eligible for reimbursement. 3. Travel Expenses of spouses who accompany employees by commercial carrier will not be paid by the City. G. Miscellaneous: City vehicles will be used to the maximum extent possible for local travel. 2. The City of Southlake will reimburse employees for the use of their personal transportation at the rate equal to the IRS allowable cost per mile. 3. Expenses for alcoholic beverages and entertainment are not reimbursable. 4. Personal long distance telephone calls are not reimbursable, except that, a 3-5 minute call to the traveler's residence or family is authorized each day while away on business. 5. Vacations or personal trips in conjunction with travel require prior authorization, and the expenses incurred in connection with such, which are not related to City business, are not reimbursable. VI. Effectiveness (aw A. Travel Budget Travel and associated expenses are generally planned during the budget process. However, circumstances and lack of foreknowledge of events may preclude adhering to budgeted travel plans in some instances. However, the total amount budgeted for travel will not be exceeded without City Manager approval. 2. This policy is presented to serve as a guideline, and there may be occasions or circumstances which may require allowance for items not addressed within this policy guideline. Such allowance shall be subject to City Manager approval. B. Effective Date This policy guideline shall become effective upon approved order of the City Council. Approved by Minute Order, December 3, 1996. City of Southlake, Texas STAFF REPORT November 27, 1996 CASE NO: ZA 96-143 PROJECT: Revised Site Plan / Petsmart STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, Ext. 743 Dennis Killough, Planner I, 481-5581, Ext. 787 REQUESTED ACTION: Revised Site Plan for PetsMart, on property legally described as Lot 3, Block 2, Village Center, Phase II, an addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Cabinet A, Slides 3095 and 3096 Plat Records, Tarrant County, Texas. LOCATION: West side of the proposed Village Center Drive approximately 200' north of the intersection of Village Center Drive and Southlake Boulevard (F.M. 1709). OWNER: PetsMart APPLICANT: Casco CURRENT ZONING: "C-3" General Commercial District -,AND USE CATEGORY: Mixed Use (may include office buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR RECOMMENDATION: Village Center NO. NOTICES SENT: Five (5) RESPONSES: One response was received outside the 200' notification area: • Lisa Stokdyk, President, Keep Southlake Beautiful, opposed. Resident cites concerns regarding tree preservation. See attached letter. P&Z ACTION: November 7, 1996; Public Hearing continued to November 14, 1996 due to Resolution 95-24. November 14, 1996; Approved (7-0) applicant's request to table until the November 21, 1996 Planning & Zoning Commission meeting. November 21, 1996; Approved (7-0) subject to Site Plan Review Summary No. 2 dated November 15, 1996, deleting Item #7 (dumpster gate), Item #9 (articulation, is acceptable as shown), adding 4" caliper trees on south bufferyard. 7A-1 STAFF COMMENTS: The applicant has met all items in Site Plan Review Summary No. 1, dated November 1, 1996 and Site Plan Review Summary No. 2 dated November 15, 1996 with the exception of those items addressed in the attached is Site Plan Review Summary No. 3, dated November 27, 1996. L:\WP-FILES\MEMO\96CASES\96-143SP.WPD 7A-2 To: Joe Wright, Chairman, Southlake Planning and Zoning Commission Planning and Zoning Commission Members From: Lisa Stokdyk, President, Keep Southlake Beautiful Re: ZA96- 143 I would like to register my opposition to the revised site plan submitted by the Village Center development group. I am very concerned about the quality of development offered by this organization to the City of Southlake. These developers basically "clear-cut" the trees that were on the Home Depot site. I am painfully aware of the fact that under Southlake's current ordinances, this action was legal. However other, more responsible developers in Southlake are taking Southlake's trees into consideration and making efforts to preserve as many trees as possible. Not only did the Village Center people clear-cut the tract, they are now slowly killing a tree that wasn't removed. The massive dirtpile that is sitting on FM 1709 behind a large Post Oak Tree is suffocating that tree's root system. There are cars parked next to the tree everyday. This dirtpile is extremely unsightly and, in my opinion, unnecessary. I believe the Planning and Zoning needs to get answers from this developer as to why this dirtpile is there, when it is going to be removed and how it is to be removed. I also have serious concerns about allowing this developer to develop Petsmart or anything else in this city if this is how he operates. Vass- I q,(O d' . 36 58 Ac HAMA a4c 4FJA 5 Ac i 6.43 Ac �4 Ac 1,/E ©LEEtdPARY ID 4C2B Ora PO'RF m 401 4 4G s. ! i 1 I — _..A 1C IDl y 3.21 Ac _ ` 3AIB3 JAIr, J — 29 C pRNE 1 3B2 i��i ®®.P_ 2C Ac � A—JJII E 0 391 2L 2J 3AIC2 S_ 15.56 Ac � z MCIr3AIDI V' 2J1 3AIH2 2m 2H 2C 10.1 A< 2Fu , JA102 3AIH2A 2FI 9.47 Ac3 Ac '� 2F3 2F4A { 3AIH3 ,` 'ii 3A1H 3AIHI 6.7 Ac 3AIA J 3A1J2 3AIJI = A, l't 2E uz 2V l .i 18.94 Ac WA fl13 Ac — H — THE 3AfJ 3AIJ3 2 I-f G5T Of AND STNECT ,JI AM •-- 2A1 2' -- 6 7 !! t t i 00.1 Ac L.- fli ION �. L6 HHA RICH RD EAD3 1 3A ,�3 ! � i j � ; ; .• SST Al-Ie/ i i IA T ! I I 384 I� i i ti - r• � i 5 Est /' � ;�-�.. 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TR 2 C .607 O 2.726 AC ys 4A ; a t 1.741 O. 2A ` 1 .50.0 r. �. 2 1 1.41 O 1 2C 1 L 1.001.001 O1877 � Z.�2g i 1►j ADJACENT OWNERS 262� AND ZONING �. SPIN REPRESENTATIVE # 4 4 7A-5 SCOTT MARTIN �� "��! --_== .+..r�"i m.."0uuio•. m.. S 3 S V H d ' >! 31 N 3 3 Y 7 71 A - ��t��ld! N V l d 3 11 S 7 1 V 1 3 O _ .Q I~I Z 0 1 1 N W •- ++�yD�I O >•s L1 is 1 a ' ' iI lilt ! Q ■ I i t D= �� j�i il; ' !. , Dt .la sibs =D� Ij!'• 1 �'P;� !! It $ Simi fill t•=t t j ti tli so t ;; : 11 -• ---a ,' MaeDI t sit i I�+ ��i �6 6�51$ $ = 1 �! . D 1$P t1: I,( l; ip i1'o �rl t1 $ 1. t I ' i '.6 � ..... i =!•t =f. . t-j 1i.1•j — .` - -t /(1►e a.-6 � S � ! 3 �1 SYi !`�'�tt-is�' fs-- � — •-f' 1= ill D 1 t ifI. if iT �w i Io v Dc $ Ij�l may.,- -----_-- - ---------� :.�__ _ ___-__w T _ _ '!q M a a y: o do g - a , City of Southlake, Texas No.: ZA %-143 Review No: Three Date of Review: 11/27/96 RMW T •_r7r, MI 1 1 9 .•' 11 CITY STAFF HAS Pzvwm THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1 IZZ5126 AND wE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR 'NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5591, EXT. 787.CITY l . ii WIN A Y type `A' bufferyard is required along the north property line. The applicant has requested a waiver of this bufferyard due to the location of the buildings and common drive lane on this site and the approved site plan of the adjoining site to the north. 2. Correct the required number of parking spaces shown in the site data to reflect 194. Please note that 194 spaces have been provided. 1� Show the location and orientation of intended lighting. 4. Clarify the intended location of the loading area.. It appears that the intended loading area (dock) is the screened 28' x 74' area located at the rear south portion of the building. However, there is an area labeled as "Loading Area" at the rear north portion of the building. 5. The trash dumpster must be gated and screened by an 8' masonry wall with the masonry material being similar to the primary structure. (P & Z ACTION 11121196. delete) 6. Screening walls for the loading area must be constructed with the masonry material similar to the primary structure. Please clarify the material to be used for the screening walls 7. Horizontal and vertical articulation is required on the south, east, and west building facades meeting: the requirements of Ord. 480, Section 43.9.c. I.e. Compliance with the articulation requirements are as shown in the attached articulation evaluation. (P & Z ACTION 11121196. articulation, is acceptable as shown) 7A-7 City of Sduthlake, Texas PAZAC'TIQN: November 7, 1996, Public Hearing continued to November 14, 1996 due to Resolution 95-24. November 14, 1996, Approved (7-0) applicant's request to table until the November 21, 1996 Planning & Zoning Commission meeting. November 21, 1996; Approved (7-0) subject to Site Plan Review Summary No. 2 dated November 15, 1996, deleting Item #7 (dumpster gate), Item #9 (articulation, is acceptable as shown), adding 4" caliper trees on south bufferyard. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Please note that all signs must be a minimum of 15'- from property lines. * The applicant should be aware that prior to issuance of a building permit, a fully corrected site plan, landscape `phw,,and irrigation plan along with the building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * All mechanical units must be screened of view from SH 114 and FM 1709. * Denotes Informational Comment cc: PetSmart, CASCO att: Articulation Evaluation Chart •143SP.3 7A-8 i Articulation Evaluation No. 2 Can No. ZA 96-143 Date of Evaluation: 11/27/96 Ekvations for Petsmart Lot 3, Block 2, Village Center Phase 2 ived 11t251t %4t - facing: East Wall ht. = 29 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 87 53 39% Yes 87 76 13% Yes Min. artic. offset 4 2 50% No 4 10 150% Yes Min. artic. length -14 23 64% Yes 19 54 184% Yes L. Side - facing Max. wall length Min. artic. offset Min. artic. length Right - facing: Rear - facing Max. wall length Min. artic. offset Cartic. length 14 South Wall ht. = 26 - Horizontal articulation Required Provided Delta 78 65 17% 4 3 25% 16 31 94% Vertical articulation Okay? Required Provided Delta Okay? Yes 78 65 170/6 Yes No 4 3 25% No Yes 16 31 94% Yes North Not applicable, wall is common to adjoining building West Wall ht. = 25 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta 75 130 73% No 75 160 113% 4 60 1400% Yes 4 7 75% 33 55 67% Yes 40 25 38% Okay? No Yes No 7A-9 tw, Q a uj Z YLLJ N ( n 0 � X r �n� ZpW p U N � �J w bpN�,w� 4 YyNb �� zuW mmm comae W ..Z w 4 `1 J = CL w W a N W f- Q W W a w N U > 0 J J W m5 Cie F � 1 m CV a � O S <<w5 eweN W x K W W LL n W n^ u N uN t✓ S Z 1<- 1- « i �/ UNp p O G N II� it 4 V y OE INS,I if a. m \7 g .J r*i7: L; s� 0 7A-10 • SVXILL y *Mvtunos f < � 3DYTNA NMVTDUXV C� Wa CQ n N Q N a � " g Z - ss� Yn ` < (-• V � �s <� S p u 1&- W cn ZJJ H 4Nt ^ K� ce n c` Yx Mr < ems go ��No 0 a < Fl I � 1 y� o Y a �, I 1 0 1 P o= -Z 0 W J W N O ,a. 7A-11 Svx3L Si1V*unoS • now 3J1 m r $N=V fflm .y Z O < W S- ' y� r •� J n I N + LLJy. Z sus, x:„ui W ++t_ an�� LIJ ALL►."m5 aum� O ag3 DC Q ati g L o- m- F e d d 3 � d f e� a+1 �o Q N z Q V co rn a> ► zs 0 z 7A-12 City of Southlake, Texas MEMORANDUM November 26, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Ordinance No. 643, 2nd reading, an ordinance requiring registration of door-to- door solicitors; requiring identification badges, and providing regulations. On this date Councilmember Hams, City Attorney Wayne Olson and myself met to discuss the issues involved in Ordinance No. 643 in order to provide everyone with a better understanding of the purpose of this ordinance, and also to try to include the individual Councilmember's concerns, while producing a document that would accomplish the intent of the ordinance. Section 1 states the purpose of this ordinance. We have tried to deal with our local issues while respecting the civil rights of all persons who may live or traverse the community. This ordinance is designed to protect the citizens from deceptive practice, fraud, burglary and unwanted disturbances and disruptions. In Section 3 we require a registration. That registration allows the Department of Public Safety and the City to retrieve enough information from the solicitors, either as individuals or the organization, that would allow a basis of investigation if a citizen became disenchanted with the solicitor and/or their product through their course of business. This registration also protects the minors that are involved, who typically are local organizations, and establishes to the homeowner the identification of these minors. The solicitor's application form, Section 5, will provide information and include a physical address that will help the City Secretary and the Department of Public Safety make a decision as to whether or not to grant the permit. To help insure safeguards to the community, in Section 6 we are asking solicitors who require cash deposits or payment for future deliveries to post a bond with the City Secretary. Section 7 discusses the annual fee and specifies that non-profit organizations are exempt from payment of the annual fee. In order to facilitate other issues, the City Secretary may exempt any person or company from the registration fee if it creates an undue hardship or infringes upon that company's ability to conduct solicitation activity. Registration fees are a nominal $10 for each solicitor (except minors) and the registration is valid for one year. This $10 fee is to defer some of the cost of issuing permits, identifications, etc. All applications are reviewed by the City Secretary and the Director of Public Safety. Section X illustrates reasons for denial of a request. 7-0-1 Ordinance No. 643 November 26, 1996 Page 2 Section 11.A.2. was reworded to state that the Director of Public Safety would authorize solicitor sale on public property as opposed to the City Council. This was changed because of the protracted length of time that may be involved in getting City Council permission. This section allows for the homeowner or business to give notice that solicitors are not welcome at those residences or businesses where proper wording is posted. Southlake Department of Public Safety has had previous negative experience with some solicitors and Section 12.7.B. allows a Police Officer, within certain parameters, to suspend the person or company's activities until a hearing can be held regarding the individual's activities the next business day. The ordinance, as presented, gives the City Secretary and the Director of Public Safety individual authority to register in Section 8. We may want to strike the Director in this section since authorization, historically, is the responsibility of the City Secretary's office in these matters. We have a built in safety clause in Section 10 that gives the City Secretary or the Director the right to deny the application. BC/bls (W ORDINANCE NO. 643 AN ORDINANCE REQUIRING REGISTRATION OF DOOR-TO-DOOR SOLICITORS; REQUIRING IDENTIFICATION BADGES; PROVIDING REGULATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council has determined that in order to protect the privacy of its citizens and to prevent crime, including deceptive practices, fraud, and burglary, it is necessary to register and regulate solicitors who conduct business by going door-to-door; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Purpose The purpose of this ordinance is to protect the citizens against crime, including deceptive practices, fraud, and burglary; to minimise the unwelcome disturbance of citizens and the disruption of citizens' privacy; and to preserve the public health, safety, and general welfare by registering and regulating solicitors. SECTION 2. Definitions In this ordinance: CITY means the city of Southlake, Texas. CITY MANAGER means the city manager of the city or the city manager's designated representative. Ce f:\files\slake\ordinanc\solicit.FN1 (11-27-96) 7-4-3 CITY SECRETARY means city secretary of the city or the city secretary's designated representative. DIRECTOR means the director of public safety of the city or the director's designated representative. MINOR means a person under the age of 18. SOLICITATION ACTIVITIES means travelling either by foot or vehicle, going door- to-door, house -to -house, building -to -building, or along any street in the city, personally contacting occupants or other persons, selling or taking orders for or offering to sell or take orders for goods or services for commercial purposes. SOLICITOR means a person who engages in solicitation activities. SECTION 3. Registration required A person, other than a minor, shall not engage in solicitation activities in the city without first registering with the city and obtaining a registration certificate and identification badge from the city secretary. SECTION 4. Registration for Sponsor of Minors (a) A minor shall not engage in solicitation activities in the city except in compliance with this section. (b) A minor must be sponsored or employed by a person, company or organization. A person, company, or organization that sponsors or employs one or more minors as solicitors, shall apply for registration with the city. The sponsor shall pay a single $10 annual registration fee. Each minor is not required to obtain an individual registration. (c) The sponsoring person, company, or organization shall: (1) provide to each individual minor, a badge or other easily readable form of identification which identifies the name of the sponsor and the name of the minor; (2) require all minors to wear the identification so that it is clearly visible at all times when the minor is engaged in solicitation activities; and C., f.\files\slake\ordinanc\solicit.FN1 (11-27-%) 2 (3) be responsible for supervising and controlling the conduct of all minors engaging in solicitation activities under the sponsor's registration. SECTION 5. Application. Except as provided in Section 4, a separate application for a solicitor's registration is required for each solicitor. The application and registration must be made in the name of the individual who will be soliciting. An application must be made under oath and must contain the following information: (a) proof of age, address, and identification of the applicant, to be provided through the applicant's driver's license, articles of incorporation, or other legally recognized form of identification; (b) if the solicitor is employed by another, the name and physical business address (not a P.O. Box) of the employer; if acting as an agent, the name, physical address (not a P.O. Box), and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal; (c) a brief description of the goods or services to be sold or offered for sale; and (d) the hours and location of the solicitation activities; (e) if the applicant has plead guilty, or nolo contendere to, or has been convicted of, a felony, misdemeanor, or ordinance violation involving fraud, deceit, misrepresentation, a sex offense, trafficlong in controlled substances, or of any violent acts against persons or property within five years preceding the date of application, a description of each such conviction or plea. The description shall include the date the offense occurred, the date of the conviction or plea, the location of the offense, the offense, and the sentence received. (f) proof of possession of any license or permit which, under federal, state, or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any law or regulation, would exempt the applicant from the registration requirements of this ordinance; and (g) two photographs of the applicant, measuring at least 1 1/T X Z' and showing the head and shoulders of the applicant in a clear and distinguishing manner, which shall E\files\slake\ordinanc\solicit.FNI (11-27-%) 3 7-6-5- have been taken within the preceding 60 days before the filing of the application. (Moe (h) whether the sale of goods or services by the applicant is conditioned upon advance payments, cash deposits, or the execution of an agreement to finance the sale of goods or services for future delivery or performance. SECTION 6. Bond (a) Solicitors who require cash deposits or advance payments for future delivery or who require an agreement to finance the sale of goods or services for future delivery, or for services to be performed in the future, shall furnish to the city a bond with the application in the amount determined in Subsection (c), signed by the applicant and a surety company authorized to do business in Texas, conditioned: (1) upon the final delivery of goods or services in accordance with the terms of any order obtained; and (2) to indemnify purchasers for defects in material or workmanship that may exist in the goods sold and that are discovered within 30 days after delivery; (W (3) for the use and benefit of persons, firms, or corporations that may make a purchase or give an order to the principal of the bond or to the agent or employee of the principal of the bond. (b) If the applicant is a person, firm, or corporation engaging in solicitation activities through one or more agents or employees, only one bond is required for the activities of all the agent or employee solicitors. (c) The amount of the bond is determined by the number of solicitors acting as agents or employees of the same person, firm, or corporation as follows: 1-3 solicitors $ 500 4-6 solicitors 750 7 or more solicitors 1000 SECTION 7. Fees and Duration (we f.\files\slake\oodinanc\solicit.FN1 (11-27-96) 4 (a) An applicant for registration shall pay an annual fee of $10 for each solicitor. A solicitation registration is valid for one year. (b) A nonprofit organization which is exempt from the payment of taxes under Section 501(c) of the Internal Revenue Code is exempt from the payment of the annual registration fee. (c) The city secretary or director may, upon application, exempt any person, company or organization from the payment of the annual registration fee if the city secretary or director finds that the payment of the fee would cause an undue financial hardship or would unduly infringe upon the person's, company's or organization's ability to conduct solicitation activities. SECTION 8. Application Review and Registration Acceptance (a) Upon receipt of an application, the city secretary or the director shall review the application to ensure compliance with this ordinance. (b) If the city secretary or the director find the application to be properly completed and that the applicant has met all the requirements of this ordinance, the city secretary or the director shall authorize registration. SECTION 9. Registration certificate and identification badge (a) Upon authorization of the registration and payment of the fee, the city secretary shall deliver a registration certificate and identification badge for each registered solicitor, and shall forward a copy of the certificate to the director. (b) The registration certificate shall show the name, address, and photograph of the solicitor, the ldnd of goods or services to be sold or offered for sale, a description of any vehicle to be used in carrying on the solicitation activities, the registration number, and the dates of issuance and expiration of the certificate. (c) The registration certificate must be carried by the solicitor while engaging in solicitation activities. (d) While engaging in solicitation activities, a solicitor shall wear the identification badge so that it may be easily read by those being solicited. If a badge becomes damaged, (a," f.\files\slake\ordinanc\solicit.FN1 (11-27-%) 5 7-b-7 the solicitor shall return it to the city and receive a replacement badge. (e) A registration certificate and an identification badge shall be used only by the person to whom they were issued and may not be transferred to another person. SEC"1'ION 10. Denial of Registration (a) The city secretary or director shall deny an application for registration if the city secretary or the director finds any of the following to be true: (1) The location and time, or manner of the solicitation activities would interfere with the public's use of streets or endanger the safety and welfare of the solicitors or their customers. (2) An investigation reveals that the applicant falsified information on the application. (3) Within five years preceding the date of application, the applicant or an employee or agent of the applicant, has plead guilty or nolo contendere to, or has been convicted of, a felony, misdemeanor, or ordinance violation involving fraud, deceit, (aw.' misrepresentation, a sex offense, trafficidng in controlled substances, or any violent acts against persons or property. (4) The applicant is a person against whom a judgment based upon fraud, deceit, or misrepresentation has been entered within five years preceding the date of application. (5) The applicant provided no proof of authority to serve as agent for the principal. (6) The type of solicitation activity requires a bond, and the applicant has not complied with the bond requirements. (7) The applicant has been denied registration under this ordinance within the previous 12 months, and the applicant has not shown to the satisfaction of the director or city secretary that the reasons for the earlier denial no longer exist. (b) A denial and the reasons for the denial shall be noted on the application, and f.\files\slake\oWinanc\solicit.FNI (11-27-%) 6 -7- 6-$ the applicant shall be notified of the denial by notice mailed to the applicant at the address (w, shown on the application or the last known address. SECTION 11. Regulations (a) A solicitor shall not engage in solicitation activities: (1) between the hours of 9:00 p.m. and 9:00 a.m.; (2) on public property without first procuring authorization from the director, which will be withheld only when failure to do so would interfere with a compelling interest of the city; or (3) at a residence or business that has a sign posted giving notice that solicitors are not welcome, such as, "no solicitors", "no trespassing" or words of similar meaning. (b) If a person uses a vehicle in solicitation activities, there must be a sign located in a conspicuous place on the vehicle, identifying the name of the person or the company or organization that the person represents. If the name is an individual, it must be followed by the word "solicitor". The lettering on the sign must be at least two and one-half inches high. (c) A person, company or organization shall not authorize or allow a person who is sponsored or employed by the person, company or organization to engage in solicitation activities in violation of this ordinance. SECTION 12. Revocation or Suspension of Registration (a) A registration certificate issued pursuant to this ordinance may be revoked or suspended by the city secretary or director, after notice and hearing, for any of the following reasons: (1) fraud, misrepresentation, or false statement contained in the application for registration; (2) fraud, misrepresentation, or false statement made by a solicitor in the course of conducting solicitation activities; E\files\slake\oWinanc\solicit.FNI (11-27-96) (3) conducting solicitation activities which were not described in the application; (4) conviction for a crime described in Section 10(a)(3); (5) a judgment against the registrant involving a matter described in Section 10(a)(4); (e6) violation of the regulations described in Section 11; or (7) conducting solicitation activities in such a manner as to create a public nuisance, constitute disorderly conduct, or endanger the health, safety, or general welfare of the public. (b) A registration certificate issued pursuant to this ordinance may be temporarily suspended by the city secretary or director without notice or a hearing, if a violation of a law is committed by the solicitor while conducting solicitation activities and the violation is committed within the presence of a peace officer, or within the presence of a private citizen who files a sworn complaint against the solicitor. (c) A solicitor whose registration certificate has been temporarily suspended shall be given the opportunity for a hearing before the city secretary or director not later than the next business day after the suspension. SECTION 13. Appeals (a) A person who is denied registration or an exemption, or whose registration is revoked or suspended by the city secretary or director, may appeal the decision to the city manager by filing notice of appeal with the city secretary within 15 days after the notice of the decision is mailed to the address indicated on the application or the last known address of the solicitor. (b) Within 10 days of the receipt of the notice of appeal, the city manager shall set a time and place for a hearing on the appeal which shall be not later than 30 days from the date of receipt of the notice of appeal. (c) Notice of the time and place of the hearing shall be delivered to the appellant by mail, sent to the address indicated on the application or the last known address of the appellant. C..' f:\files\slake\ondinanc\solicit.FNI (11-27.%) 8 -7,(3—/0 (d) The decision of the city manager on the appeal is final. No other (40", administrative procedures are provided by the city. SECTION 14. Cumulative clause This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. Ordinance No. 236 is repealed. SECTION 15. Severability clause It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 16. Penalty clause Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 17. Savings clause All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any other ordinances which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall f:\files\slake\ordinanc\solicit.FN1 (11-27-%) 9 --�-f3-1( not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 18. Pamphlet form publication clause The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than their production. SECTION 19. Newspaper publication clause The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 20. Effective date clause This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. f.\files\slake\ordinanc\solicit.FNI (11-27-%) 10 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF . 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF . 1996. (W EFFECTIVE: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney f.\files\slake\ordinanc\solicit.FNI (11-27-%) 11 -7-6-13 City of Southlake, Texas 1=8&EIMINUM November 26, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: _ Ordinance No. 645, 2nd reading, an ordinance providing for the regulation of the distribution of handbills in the City, and requiring registration of those who distribute handbills. On this date I met with Councilmember Harris and City Attorney Wayne Olson to discuss Solicitation Ordinance No. 643 and Distribution of Handbills Ordinance No. 645. We collectively agreed that the Handbill Ordinance may need some more research and, in its current form, is probably not acceptable to the majority of the Council and Staff. We are requesting that Ordinance No. 645 be tabled to the December 17, 1996 Council Meeting to allow the City Attorney more time for research and an opportunity for Councilmember Harris and myself to gather more input from members of the Council. BC/bls 7- C-I s City of Southlake, Texas STAFF REPORT November 27, 1996 CASE NO: ZA 96-71 PROJECT: Resolution 96-51 / Specific Use Permit Outside Storage / Great Outdoor Landscape STAFF CONTACT: Dennis Killough, Planning Technician 481-5581, Ext. 787 Karen P. Gandy, Zoning Administrator 481-5581, Ext. 743 REQUESTED ACTION: Specific Use Permit for Outside Storage for Great Outdoor Landscape, per Zoning Ordinance No. 480, Section 45.1 (27). The property is described as Lot 3 Block A, Hart Industrial Park and being approximately 0.998 acres situated in the John N. Gibson Survey, Abstract 591. LOCATION: North side of Hart Court, approximately 225' east of the intersection of Brumlow Avenue and Hart Court. OWNER: Joseph Hart APPLICANTS: Scott and Carol Malone CURRENT ZONING: "I-1" Light Industrial District LAND USE CATEGORY: Mixed Use (may include residential uses as well as office buildings, hotels, and commerical and retail centers that serve local and regional needs) NO. NOTICES SENT: Five (5) RESPONSES: One (1) written response was received within the 200' notification area. . Joseph F. Hart, RR 1 Box 184, Edgewood, Texas 75117- 9710, in favor of. "Property zoning is industrial; it's okay with me. " P & Z ACTION: July 18, 1996; Denied (7-0) COUNCIL ACTION: August 6, 1996; Approved (6-0) to table until August 20, 1996 per the request of the applicant. September 17, 1996; Approved (6-0) to table until November 5, 1996 per the request of the applicant. November 5, 1996; Approved (7-0) to table until the December 3, 1996 City Council meeting per City Council Action. 7D-1 r r r1 • =Mom -a 1 :r © v m Iw ►I i 2 _ i ' icy �s 6s w 6K su, i uu 3�� G" IO Ac 48 p t� HALED • AOt! 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AC 0 a¢ 3 O J x Q m 0 ADJACENT OWNERS 11 AMU /-IL)NING Spin Representative #7 Darrell Faglie I Ta,=aA 31.`6-141ACF 7D-4 City of Southlake, Texas 'No.': ZA96-71 Review No: 3 n I i y OWNER/APPLICANT: ENGINEER: Date of Review:1 1 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON I IMM AND WE OFFER THE FOLLOWING STIPULATIONS. -THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT 817) 481-5581, EXT. 787. 1. The proposed curb return must be tangent to the adjoining roadway pavement and cannot extend beyond the intersection of side property lines. P & Z ACTION: July 18, 1996, Denied (7-0) COUNCIL ACTION: August 6, 1996, Approved (6-0) to table until August 20, 1996 per the request of the applicant. September 17, 1996; Approved (6-0) to table until November 5, 1996 per the request of the applicant. November 5, 1996, Approved (7-0) to table until the December 3, 1996 City Council meeting per City Council Action. The applicant should be aware that prior to issuance of a building permit a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Although no review of required parking or interior landscape is provided at the Concept Plan level, staff strongly recommends that the lot be evaluated for compliance with the off-street parking requirements' per Ord. 480, Section 35, and the interior landscape area requirements per the Landscape Ordinance No.! 544 prior to preparation of any site plans. The applicant should be aware that all areas intended for vehicular use must be of an all weather surface material in accordance with the Zoning Ordinance and all fine lanes must be per the City Fire Department. * Denotes Informational Comment cc: Great Outdoors Landscape 0/William E. Hickey Designs LAWi-MLES\REA96W"7I CP.2 7D-5 0 r41 L961—M (bte) 6*kt—£9z (6TB) Too" TZ094 SYML 'CrdOJC 3H SM yan+ owa a �� 5�7C�L 'Q2IOdaSS iTLT Z= IVELNRO OTSZ la.au.e. w aQ► MOM aiw LOfT !TI .' i6£T 1lpiYy[ ,t.w�5ae$ RZKO (I lvwuozLlamw cre ws aane�taas w atw wxo aS SdwJSQt �Tld 7 1tvnmll 1Y'I !I 7.mo ,�naav x�x�lo U-sm W 2m s 0 F 0 z � 0 all ca a) Z RESOLUTION NO.96-51 A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR OMWMMMMON ON PROPERTY WITHIN THE CITY WHEREAS, a Specific Use Permit for has been requested by a person or corporation having a proprietary interest in the property zoned as District; and, WHEREAS, in accordance with the requirements of Section 45.1 (27) of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1. A Specific Use Permit is hereby granted for 11 on the property legally described as and being approximately ; as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B," subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 5. 7D-7 LAW P-FILEMRES-ORM96-05 LOUT Resolution No. 96-51 Page 2 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1996. CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas LAWP-F1LES\RES-0RD\96-071.0UTr 7D-8 Resolution No. 96-51 Page 3 EXHIBIT "A" The property is described as Lot 3, Hart Industrial Park, being approximately 0.998 acres situated in John N. Gibson Survey, Abstract 591. The site is located on the north side of Hart Court, approximately 225' east of the intersection of Brumlow Avenue and Hart Court. LAW-FILEMRES-ORM96-07 LOUT 7D-9 - Resolution No. 96-51 Page 4 EXHIBIT "B" L961-M (LTG) 63LT-EGZ (LTG) TZ09L TZ094 SYM 'CrdoAaaa SYM 'CDI0aIa3H tlzT Z MS 'IVUHHO OT9Z LOW 'N'I imm MT 3No7m &LOOS MHOLS3a 7rdaI3z=Hw 3dv3sQlm sx00ain0 Lvauo JMIOM 2 YIvrm LxvoTIddV/HaNA10 w 0 f 7D-10 �Q E Zat HE. s tN eettgrgR ��i�`y �Rif scat *240= &arm= "Urnubm a0 AW ai m Gomm or Nava mrimma am sdvDcmm08"t xmm A mim (av,w= amumrrni ma K.0 "Mm W W e Easy+ b co rn am 02 a z 0 1 LAWNFILESURES-0RM96-07LOUT ' - I City of Southlake, Texas STAFF REPORT November 27, 1996 p✓ CASE NO: ZA 96-138 PROJECT: Site Plan /Kingsley Place STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, Ext. 743 Dennis Killough, Planner I, 481-5581, Ext. 787 REQUESTED ACTION: Site Plan for Kingsley Place an Assisted Living Facility on the proposed Lot 4R-1, Block 6, Southridge Lakes, Phase C-1, on property legally described as being the northwestern portion of Lot 4, Block 6, Southridge Lakes, Phase C-1, being approximately 4.246 acres situated in the A.A. Freeman Survey, Abstract No. 522. This plan proposes an assisted living facility containing 80 units. LOCATION: East side of North Peytonville Avenue, approximately 200' north of the intersection of North Peytonville Ave. and W. Southlake Blvd. (F.M. 1709) OWNER: Southridge Center LP APPLICANT: Aguirre Inc. for their client, Integrated Living Communities CURRENT ZONING: "C-3" General Commercial District USE CATEGORY: Mixed Use (may include office buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR RECOMMENDATION: Retail Commercial (same as in CS, 0-1, C-1, C-2, C-3 and B-1 districts) NO. NOTICES SENT: Twenty-five (25) RESPONSES: Seven (7) written response were received within the 200' notification area: • Steve and Charlene Humphreys, 201 Killdeer Trl, Southlake, Texas, opposed. "1) Traffic on Peytonville Ave. is already bad and this proposal would make it worst; 2) property value around this `Assisted Living Facility'- (nursing home) will decrease; 3) I did not move out here to have! a business in my back yard." See attached letter dated November 14, 1996 for additional comments. James C. Piatt, III Killdeer Court, Southlake, Texas, opposed for the following reasons: 1) discussions at SPIN meeting indicated that the site would be larger with the entrance on Southlake Blvd.; 2) driveways now face their bedrooms and their backyard and will be impacted by lights at night, sirens, and ambulances 3) site plan shows only a 5' bufferyard on the West (adjacent to North Peytonville); questioned when North Peytonville will be widened; 4) agreed with the need of 80 parking spaces to accommodate employees and visitors; 5) if the assisted living facility fails, 7E-1 concerned that the next use of the building would be for apartments; 6) concerned that the proposed use will be bad for his property values and would prefer a carefully planned, quality retail development instead. • John & Brenda Ruhl, 113 Killdeer Court, Southlake, Texas, in favor. • Newall Wallace, 200 Donley Court, Southlake, opposed. "... concerned about the distance between our property line and building and how the landscaping will be done on the property line. Also the constant change in floor plans." • Mark and Susan Krierger, 204 Donley Court, Southlake, opposed. Residents site concerns with commercial traffic created by the center, garbage pick-up, disposal, and a negative impact on property value. See attached letter. • Joe M. Graham, President, Southridge Center L.P., Graham Investors, Inc. General Partner, 3838 Oak Lawn Ave. #1500 Dallas, Texas 75219-4516, in favor. • Larry Mahon, 470 Southview, Southlake, opposed. Resident states concerns regarding the developer, drainage, and street construction. See attached letter. Five (5) written responses were received outside of the 200' notification area: • William B. Kemp, 400 Southridge Lakes Parkway, Southlake, opposed. " ... I urge the Planning and Zoning Commission and the City Council to exercise their prerogative and reject the proposal. It presents safety issues. It will constitute a nuisance to nearby residents. It probably will have a negative impact on nearby residential property values." See attached letter. • Eric & Donna Stengle, no address given, opposed. Resident commented that location is wrong for this type of use, traffic generated would by an annoyance. See attached letter. • Tom Chapman, 402 Valverde Court, Southlake, opposed. Residents sites concerns regarding the success of this type of development and alternative uses that may occupy the building if the project fails. See attached letter. • Brian and Cheryl Hickey, 109 Killdeer Court, Southlake, opposed. "We chose Southlake because of the high standards of living in the zoning controls, int investment value, the schools, and the knowledge that we would not need to worry about apartments and other distractive developments ... " • Rich and Patti Hopkins, 203 Killdeer Trail, Southlake, opposed. Residents site concerns regarding the precedent that this type of facility may originate. See attached letter. P & Z ACTION: October 17, 1996; Approved (5-0) applicant's request to table until the November 7, 1996 Planning and Zoning Commission meeting and to continue the public hearing. November 7, 1996; Public Hearing continued to November 14, 1996 due to Resolution 95-24. November 14, 1996; Motion to approve denied (7-0). 7E-2 COUNCIL ACTION: November 19, 1996; Approved (6-0) Applicant's request to table until the December 3, 1996 City Council meeting and to continue the public hearing. (40WI STAFF COMMENTS: The applicant has met all the items in Staff Review Summary No. 1 dated p ary October 11, 1996 and Staff Review Summary No. 2 dated November 1, 1996, with the exception of those items addressed in the attached Staff Review Summary No. 3 dated November 27, 1996. L:\WP-FELES\MEMO\96CASES\96-138SP.WPD (40" Due to the Commission's recommendation to deny, a super -majority vote (6 of 7) of the City Council will be required to approve this request. 7E-3 •NOV-14-96 11:11 AM STEVE4HUMPHREYS 817 421 5535 P.01 101 Killdeer Trail outhlake, Tx 76092 November 14, 1996 Planning and Zoning Commission City of Southlake 667 North Carroll Avenue Southlake, Tx 76092 Via Fax Dear Planning and Zoning Commission: We are writing this letter as concern citizens and in Full support of the letters already submitted by Mr. Chapman and Mr. Kemp regard- ing the proposed "assisted Living" facility to be situated at FM 1709 and Peytonville Rd. We, like others in Southlake, moved to this area because of the City's commitment to her citizens, which includes, but not limited to, the city's control on Zoning, standard of living, excellent school system (� ind property investment. If no consideration is given concerning the above mention to the property owners in the immediate area of the proposed site, then the City of Southlake is headed\in the wrong direction and this type of new travels fast. I urge the Commission to think of the long lasting effect of -selecting this proposed location, in regards to the negative impact, and do the right thing and vote against this proposed location. Steve and Chareene Humphreys 81 7-481-1 1 36 RED NOV 141996 7E-4 J)a cm C) co to C4 CD C) to r- -i Ix 0 z w -i w x D w w w w w 5!4 0 x D :5 7E-5 3. 'Lit" �-� 9�l vjCor Pro.�,�yy r��••.� 4 faAwv�6 .,. �;rti �..� lC�°�F{r,7G:• .(; t � �•Y1 +�i �. � �+ 1; _ v tvcs Care-' F 45.^ I y ``••11 •,,._� "'k'�(A'� k 'x +� Z��x ��y,r1 +aa_, � $ �+�� l �e r e ,d. p kxv{q+ �3:>k�«a .�F i�."; 1. "s„�tt.'o � "�s'i ,� a . ate! ��\} : �; 'y •,.�Se � � 3� t?Y i°7 �'` _ {+'�& i r }�i , tr ..t �."Iw�•xi'+n'4.'+i-�y!+�� X+k `{"+e t'7ty,� '.�i'af r ? • .ii��a''V':+ f ��..�.i� _' i2 ��1 iR1ty x✓r. y4'{}„a 7E-6 11/08/96 08:08 '09728301120 CALTEX TAX DIV 0 001 (� Planning and Zoning Commission City of SoddAc 067 North Carroll Avenue Soutldakc, Texas 76092 November 6, 1996 I would like to recommend to the City Council to reject the proposal from Aquire Co. to build 80 units on the vacant comer lot of FM 1709 and Peytoaville. I live at 204 fioniey Court in Souduidge Lakes If this proposal goes through, I will have a Garbage Bin for 80 P—Ple forty feet from my back yard. That means garbage trucks driving directly behind my house any time at night, beeping while backing up, banging the big bins, and dropping smelly food behind by house. What do you think that will do to my property value? What do you think the chances are for a clean and sanitary appearance from my back yard? I can not believe Southlake would allow 80 people to live on 4 acres that is basically the sim of low income housing units. I thought Southlake was known for large homes with nice big lots and family's with kids playing in the backyanls. Do I really want my kids playing in the back yard or pool with a driveway right behind my yard for commercial vehicles? There is no confidence from my fellow neighbors that Southlake is doing the right thing by allowing an elderly care facility next to a beautiful residential neighborhood The zoning does not make sense I know the elderly care facility does not sound bad at first, but what is it really? You are allowing an apartment building to he built is the middle of Soadtlake. Actually it is worse, due to all the commercial vehicles that will have to service the facility. The chances of this facility staying in business is questionable. If they go out of business, what possible solution do you have with 80 apartments on 4 aim? Overall, by the tone of this letter, you can, tell I am very disappointed in Southlake for allowing the slightest possibility of a "multi -family type" housing to be built in my backyard. Please adopt the appropriate ordinances to dis-allow this facility, and approve an ordinance that will enhance Southlake, not lower the property values of this lovely community. Southlake is booming, growing faster that anybody could have imagined, so please do not sell out There must be beacr choices. Sincerel , Mark and Susan Krieger 204 Donley Court SouthIake Tx. 76092 817-329-3151 REC'D NOV 111996 7E-7 11/04/96 08:53 '&9728301120 CALTEX TAX DIV 0001 (W WILLiAM B. KEMP 400 SOU'I'HRME LAKES PKWY. SOUTHLAKE, TEXAS 76092 (817)329-6015 November 2,1996 Planning and Zoning Commission City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Gentlemen: Aguirre Inc. and Integrated Health Services propose to construct an "assisted living" facility on part of the vacant lot at the corner of FM 1709 and Peytonville. The facility would cover 4.25 acres fronting on Peytonville and bordering Southridge Lakes. The building would be 55,(W sq. ft, and would include 80 units that are each SM sq. ft. The building would be located 40 feet from residences in Southridge Lakes. A driveway and waste receptacle would be placed between the building and the Southridge Lakes residences. The facility would have a staff of 30 employees. The facility would include a restaurant, which would require frequent deliveries. The cost of the facility will be about $5 million. Representatives of the developer described the project at a SPIN'meeting on September 12. What the developers described at the meeting differs "a great deal" from the present proposal, as admitted by the representative of Aguirre. I have therefore described my present understanding o{the project in some detail because the story from the developer appears to be a moving target. The develodevelop Wiled the attendees at the SPIN meeting. The credibility of the per is questionable. Does Southlake have a need for an assisted living facility? I am inclined to think that it does. However, the selected site is the wrong site. Furthermore, Southlake needs to amend its ordinances so as to properly address certain issues presented by such a facility. This facility will be right next to homes in Southridge Lakes. The developer will leave only 40 feet between the building and Southridge Lakes. In between will be a driveway and a place for a waste receptacle. The result will be delivery trucks for the restaurant making deliveries right next to residences. Similarly, there will be laundry trucks, pharmacy trucks, supply trucks, and ambulances using this driveway. Garbage trucks will be emptying the waste receptacle. Employees will be coming and going at all times of the day and night. These activities will constitute a nuisance to Southridge Lakes residents. Furthermore, the entrance will be on Peytonville, a two lane road. The intensity of vehicle use L, REC'D NOV 0 41996 7E-8 11/04/96 08:54 iT9728301120 CALTEX TAR DIV IM002 caused byy the proposed facility is incompatible with a narrow road like 40 Peytonville, which also has residences on the other side of the road. The facility will be across the street from the high school Many of these students drive cars to and from school. Similarly some of the residents of the assisted living facility will be driving. This will be a recipe for disaster. Someday, someone may be seriously injured or killed because of this unfortunate mix of drivers. The facility will be isolated from any conveniences. The tenants will not have available any parks, grocery stores, social services, senior centers, etc. in the nearby area. Because of the restrictions on land use caused by the high school, it Is unlikely that a convenience store or a grocery store will ever be built at this corner. The resulting isolation will be unfair to the tenants and also will detract from the likelihood of the facility being an economic success. A preferable location for this facility is the proposed Town Center between FM 1709 and SH 114. It apparently is contemplated that this area will have the types of conveniences that will provide for a more suitable existence for the tenants and that will increase the probability of the economic success of the facility. I have heard rumors that Mr. Stebbens has even mentioned his desire for such a facility. Aguirre proposes to build 80 units on only 4.25 acres. Each unit will be only 5W sq. ft This is a very high density, The residents of Southlake have made their thoughts on apartments very well known Even if apartments were to be built in Southlake, the density would be much less than that proposed b for their facility. If Soudilake permits the construction of this facility, how Aguirre be able to stand up to a developer who challenges the ordinance on apartment density? Obviously, Southlake has never given much thought to what regulations should apply to an assisted living facility. The ordinances need to be amended to provide for a density requirement that is in line with the requirements for single family residences and apartments. At the SPIN meeting, several attendees attempted to explain to the developer that Southlake is known for its low density development and that that is one of the primary factors that attracts new residents. We requested that the developer take that factor into account in its design. These remarks were obviously totally ignored. What we have been presented with is their standard nationwide design crammed into as little land as possible. The proposal represents an attempt to cut corners. It is totally incompatible with the residential use and density in Southridge Lakes. At the SPIN meeting the developer boasted about how many of these standard design facilities they propose to build in the near future. They spoke in terms of their being a virtually unlimited demand for this re eof facility. My understanding is that Integrated Health Services is not only company that has jumped onto this bandwagon. Given this flurry of activity, it is not inconceivable that there will be a shakeout in this industry in the future. Some of 7E-9 11/04/Ub U8:55 =972830112U GALIEX TAX VIV these facilities may not succeed. Will one of them be the facility at Peytonville and FM 1709? What will happen if that turns out to be the case. We will have 80 units that are 500 sq. ft. each. Uses that come to mind are a halfway house, a Federally subsidized low-income housing facility, or a drug rehabilitation center. What would this do for housing values in Southridge Lakes and in Southlake as a whole for that matter? If the project were to fail, I suspect that any politician who voted for the facility would choose not to seek reelection in Southlalce. The assisted living facility use that the developer proposes is a C-3 use. If the property were zoned for less intensive uses, we would probably not be discussing this project. Section 22.1 of the zoning ordinance, which describes the C3 classification, provides:1t is not anticipated that this district will be placed contiguous to or in direct proximity to residential zoning districts." Furthermore, C-3 zoning is to be of such size and location that it "will not cause or create nuisances to adjoining zoning districts" Thus, this property clearly does not qualify for C 3 zoning. This property never should have been zoned as C 3 and in fact should be rezoned to a less intensive use. The rationale for the quoted restriction is made evident by the negative impact that the proposed facility will have on Southridge Lakes. As previously mentioned, the high school limits the uses that will be available for this property. Many residents in Southridge Lakes therefore believe that an office complex would be a more appropriate use of this Property In conclusion I urge the Planning and Zoning Commission and the City Council to exercise their prerogative and reject this proposal. It presents safety issues. It will constitute a nuisance to nearby residents. It probably will have a negative impact on nearby residential property values. It will establish a bad precedent in terms of future development. If the project fails, the consequences may be disastrous. The developer has misinformed Southlake residents and is lacking in credibility. Southlake should adopt appropriate ordinances before approving such a facility. An assisted living facility may be appropriate in Southlake, but: it should not be the project that is proposed and it should not be at the location proposed. Sincerely yours, William & Kemp 7E-10 .. ., �„ 1J.VL yplGOJV1IGU LALILA 'lAA DIV to001 Planning and Zoning Commission City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 November 4, 1996 Dear ladies and gentlemen of the Planning and Zoning Commission, we are writing to voice our concern about the proposed assisted living facility planned for the property in front of Southridge Lakes subdivision along Peytonville Ave. While we would concede that a facility of this type might be useful in Southlake, we feel this particular location is entirely wrong for such. We agree completely with the reasons stated by Bill Kemp in his letter to the Commission for denying this proposal. We definitely feel a facility with this amount of density and the subsequent delivery activity that would go along with it would prove extremely annoyin- for nearby homeowners. The location across from Carroll High School and the mix of teenage and elderly drivers could prove disastrous. Furthermore anyone who drives 1709 in the morning realties there is already too much traffic between peytonville Avenue and Southridge Lakes Parkway. Adding to this already congested area would be a big mistake. We would strongly urge you to reject this proposal and consider in the near future charging the zoning for this property to a less dense usage. Thank you for your efforts and the time you spend helping to make Southlake such a nice city to reside in. Sincerely, Eric and Ai REC'D NOV 0 71996 7E-11 1z;-, 1 A7� Tom Chapman 402 Valverde Court Southlake, Tx 76092 (817) 488-3476 November 5,1996 Planning and Zoning Commission City of Southlake 667 North Carroll Avenue Southlake, Tx 76092 RE: Zoning Case ZA 96-138 Dear Planning and Zoning Commission Members: I moved to Southlake from Coppell, Texas in April, 1992. I chose for my family to live in Southlake because of it's rural atmosphere, residential character, and the high quality of education my children could receive in the Carroll school district. When my family and I began looking for a new home, we looked in Coppell, Colleyville, and Southlake. We did not consider Grapevine. Although we looked earnestly in Coppell for a larger home, we decided against Coppell because of its residential congestion caused by the 100' foot wide by 115' foot deep lot sizes and zero lot line lots. We found several homes in Colleyville, but felt that Colleyville did not have a master plan for its commercial development. Highway 26 was already a congestion of commercial establishments built with dissimilar building standards. The SouthRidge Lakes sub -division offered the best of both worlds. We found property with the correct lot size and the floor plan. The Arvida sales personnel explained that the commercial property south of the SouthRidge Lakes Division at the comer FM 1709 and Peytonville was a master planned development of office and commercial use. In other words, an office and/or commercial development that would "enhance and preserve the rural and residential character of the community". Southlake is an unique community. It is a community like none other in Texas; that I know of. It is a community where the average 1996 permit value of a single family home excluding land value is $243, 709.00 and the average annual household income is $85,000.00. These economic data are taken from the Southlake Economic Report - Summer 1996. All of the residential developments in Southlake set a positive image and have been built to the highest quality standards. 7E-12 On September 121996 I attended a SP IN meeting where representatives from Aguirre, Inc. and Integrated Health Systems presented a concept plan for an "assisted living facility". At the SPIN meeting the residence in attendance where told about the "assisted living facility" facility. We were told that: - the development would be built on the northeast corner of FM 1709 and Peytonville intersection - the development would be built on a 3.88 acres of a 7.69 acre tract - the development would have 425' frontage on Fm 1709 and 425' frontage on Peytonville - entrance to the property would be on FM 1709 - the cost of the development is $5 million - there are 16 of these development happening simultaneously in Texas and Louisiana - a corporation separate from Integrated Health Systems has been established for the administration of these "assisted living facilities" I hope everyone remembers how KMART attempted to compete with the Sam's Club by building numerous PACE Clubs in a short amount of time. KMART's bad judgment almost lead the company into financial ruin. Today, all PACE stores have been sold. Some of them are now Sam's Clubs. KMART is struggling for its financial health, and C_ may not be a sound company for many years. What happens if this facility fails? Is it sold to another health care administrator that maintain minimum standards to "keep the doors open"? Is it converted to an alternative use; such as, a half way house, a drug re -habitation center, a Federally subsidized low- income housing project? None of these alternatives would protect the long-term property values of our investments. Since that SPIN meeting, the plans for the assisted living facility have changed. The plans now call for: - the development will front Peytonville only - all entrances will be on Peytonville; none of FM 1709 - the development will occupy 4.25 acres of the 7.69 acre tract instead of the 3.88 mentioned in the SPIN meeting - the north side of the development will have only a 40' set back from the SouthRidge Lakes property owners. This set back will include a concrete drive used for access to parking on the east side of the building, and possible for restaurant supply trucks, medical supply trucks, laundry trucks, and waste removal trucks a waste receptacle is planned to be placed neat Lot 27 in the SRL sub- division As you can see, the actual plans for the assisted living facility are very different from the 7E-13 IN plans presented at the SPIN meeting. Myers Meadows is zoned medium density. SouthRid a Lakes is zoned ty g o ed low density. It can be construed by other developers that the City of Southlake and ,it's citizenry, are backing down from their long term standing opposition to high -density development in Southlake. Not only would high -density development have a long-term negative impact on property values, but it would have a long term negative impact on the quality of education our children receive. Other concerns that I have for this development are: - the removal of several large, mature trees along Peytonville to make room for the development of the main entrance - the main entrance will be less than 100' from the property line of the Myer's Meadow property owners whose property backs up to Peytonville - this will result in a increased noise level along Peytonville that will be disruptive to the above mentioned Myer's Meadow property owners - this will be especially noticeable on weekends, especially Sunday's when families visit their relatives staying at the `assisted living facility". Peytonville is a rural road developed for residential use. It is not a road developed for commercial use. it is possible the number of large trucks required to support this facility will continually damage Peytonville so that it is a continual maintenance burden for the City of Southlake - it is possible with the main entrance so close to Peytonville and the comer of FM 1709 and Peytonville that traffic congestion and/or accidents could occur regularly it is possible with the large amount of lighting required to illuminate the building at night, especially, the main entrance, that the Myer's Meadows property owners and the SouthRidge Lakes property owners will be annoyed and inconvenienced which result in numerous ongoing complaints to the City of Southlake There may be a need for an assisted living facility in Southlake. Numerous requests at the September 12, 1996 SPIN meeting for marketing data to support the need for such a facility in Southlake were unanswered. The only answer we were given was a response about some national study. No paper documents have been presented to support this need. For all the reasons I listed above I believe the location the developers have selected for this development is not the correct one for Southlake. With research, I believe a more suitable location for this facility can be found in Southlake. In conclusion, I urge the Planning and Zoning Commission to reject this development and to request that Aguirre.Inc. and Integrated Health Systems to seek a more suitable site in Southlake for this type of facility. 7E-14 � C 1{ r( !./ 109 Killdeer Court Southlake, Tx 76092 November 11, 1996 Planning and Zoning Commission City of Southlake 667 North Carroll Avenue Southlake, Tx 76092 Via fax Dear Planning and Zoning Commission: We are writing this letter in support of the letters already submitted by Mr. Chapman and Mr. Kemp regarding the proposed "assisted living" facility to be situated at FM 1709 and Peytonville Road. In addition to their very valid and relevant points, we would like to add the following. We moved to Southlake October 15te. Our home backs up to Peytonville Road. We chose Southlake because of the high standards of living, the zoning controls, the investment value, the schools, and the knowledge that we would not need to worry about apartments and other distractive developments sprouting up all over the place. Before we closed on our home I read the newspaper article detailing the proposed development. Although we questioned, and still do, the necessity of such a facility in Southlake, we were put somewhat at ease by their original proposal to locate the facility along FM 1709. That proposal, unlike the current version, did not have two driveways pointing into our backyard, delivery trucks and emergency vehicles coming and going at various hours of the day, and industrial dumpsters located 100-150' from our back door and those of our neighbors. As evidenced by the events that have taken place over the past few weeks and based on the information we have learned from other concerned citizens, it appears that this development is far from where it started. Although it has changed, it is still not in the best interests of the City of Southlake and the residents who live near the proposed location. The changes in location, the direct proximity to nearby residential developments, and the "greater than apartments" density rate make for a damaging development. To allow this project would not only be a bad idea for the desired location, but also a potentially dangerous precedent for Southlake in general. We strongly urge the Planning and Zoning Commission and the City Council to reject the proposed facility Brian and Cheryl Hickey 817488-4425 WCD NOV 13 1996 7E-15 BOX COPY MAIL-S'LAKE TEL:817-421-2562 Nov 14,96 17:01 No.009 P,01 (ep, i� I' l lde e r• I Ja - l f %50r.rlJilQ K�. J -TY 7&09a ------ - --- -- ! ' Aant� an4�. Cn�n GO m1.S ion'? to &7 77or* Dario ll P✓ct)uC Xe, ou*ICA a7``x. 7�v9a Ae- Deor lQnnll" and 20nl/J7 are Wr'�ncj 4 i s 64-ew- 4o oppL- e FM 17,D4q Q,;� , ctn 0'S WDu(d___-sa.._ ho-- in M bU..c arcl ! SouMia-tom has 4ie _ iohcgf !:; -_.. Ups 0 t� _1.J c.{ do __Ls1-e. .hG1 _ ar1� o •e-r- dcoe1apmpf-%4-S w_1_t b-e, ve-rt h_ ... utZ c�., In Sou +fl Ia Ke . out IQ lct. Mist, Durr' A m; 00mm-m-bi.o-n and'h e. 6 _ Olw nc; I 4n re e `{'h pro poscca REC'D N OV 141996 7E-16 BOX COPY MAIL-S'LAKE TEL:817-421-2562 Nov 14,96 17:01 No.009 P.02 F r1- L 7E-17 Letter for Mr. Larry Mahon can not be located. Mr. Mahon did submit a letter in opposition for case ZA96-138 Site Plan/ Kingsley Place. A copy of this note is being placed in both case file ZA96-138 and ZA96-139. 0 Q., FILE No. 396 11/01 '96 12:28 ID:AWIRRE INC 214 788 1583 PAGE 2 (60" arom: Jake Ussery To: SOUTULAKE HOMEOWNBRS ASSOCIATIONS subject: HOMEOWNER ISSUES 10/31/96 To all Interested Parties: AGLINVW CtMRMAMW 12700 PARK CCNI RAL OR I"L(.)O 11y DALLAS TEXAS 75251 FAX 97 M 19LI PHONE 1372 786 15M THE cAµr4 tpM? THAT GfTt TNF..IM nm* iM1.AAlY4.Aldwl ]KC Several issues have been raised at a previous meeting of SPXN DISTRICTS 12 & 13 and subsequently regarding Aguirre Corporation's plan to construct an Assisted Living Facility on a 4.246 acre lot located on the east side of North Peytonville Avenue approximately 200 feet north of the intersection of N. Peytonville avenue and W. Southlake Blvd. [FM 17091. Aguirre has responded to those issues verbally and now in the attached statement which is mailed to you, to the City Planners and to members of the Planning and Zoning Commission. Aguirre would be available to meet againn with the SPIN Districts or other interested parties prior to the P & Z meeting scheduled for Thursday evening - November 7 to answer any other concerns. Aguirre believes that those who live in the area and others in Southlake will be pleased with the addition of this multi-millon dollar facility to the City. If I can be of further assistance, please call. Respectfull , <: G" Jake Ussery, Zoning Coordinator L CC: Ms. Dona Schroetke, P & Z Commission David Baltimore, SPIN District 12 Jim Goggin, SPIN District 13 William S. Kemp, Southridge Lake Homeowners City of Southlake P & Z Commission Others REC�D N O V 011996 7E-18 PILE No. 396 11/01 '96 12:28 ID:AGUIRRE INC 214 788 1583 PAGE 3 Qe City of Southlake Homeowner Issues QW, This is a compilation of the numerous questions and concerns that have been raised by homeowners during the Planning & Zoning Hearing, Spin Meeting and telephone conversations. Homeowners would like the site at the intersection of W. Southlake Blvd. and Peytonville Road. Response: We understand your concern; however, this parcel is under contract to another purchaser. 2. Traffic Congestion Response: Traffic congestion from/to our facility will be minimal. A shuttle service will be provided for the residents of the facility. Many of the residents will not have their own vehicles. Peak travel times is expected at non peak hours (ie. Sundays and holidays). There are two driveways for the facility so turnover will be reduced and although we have provided 80 parking spaces we anticipate that the facility will only utilize 32 spaces. These findings are based upon a nationwide study performed by an independent consultant. 3. The "Berm" area at the north property line adjacent to the homeowners neighborhood. Response: The existing swale will be enclosed by a storm sewer pipe as agreed to by the seller to accommodate your concerns. This pipe will be installed from our western property line to our eastern property line. Trees along the berm will be saved and protected; the "berm" will also remain. Storm water control has been provided to mitigate the impact of the development. 4. Type/direction of lighting Response: Shielded lighting will be provided to prevent light being reflected upon adjacent properties. s. Can the garbage collection be relocated to the SE corner? Response: This request has been accommodated and is reflected on the site plan which was submitted to the city on 10/21/96. 6. Where will deliveries be made? Response: Deliveries will be made to the rear of the building. The location of the delivery area is approximately 200' from the north property line. Deliveries will be made during normal business hours. 7. Is there an outside storage area for equipment or supplies? Response: No, there will not be any outside storage required for this facility. 7E-19 FILE No. 396 11/01 '96 12:29 ID:AGUIRRE INC 214 788 1583 PAGE 4 LIR A Hoineowner Issues Page 2 S. Can the facility be completely fenced in by a brick wall? Response: No, we believe that the architectural design will have a residential feel and will be aesthetically pleasing; therefore, there is no reason to hide it because it will fit in with the neighborhood appearance. From a resident safety viewpoint, all courtyards for the residents are interior and bounded by the interior perimeter of the building. 9. Landscaping and greenery next to the north property line. Response: As discussed in Item 3, the berm will remain. Our plans also comply with the City of Southlake Landscape Ordinance No. 544. 1 O.Drainage Response: All storm water will be collected at the low points and conveyed in a storm sewer pipe along the northern property line. The system design is based upon the City of Southlake drainage criteria. 11. Will Peytonville Avenue be widened to accommodate the entrance from that street? Response: Congestion should not be significantly increased due to our development; therefore our development will not result in plans to widen Peytonville Avenue. 12. Emergency transportation for the residents, Southlake only has one ambulance. Response: There will be trained staff and vehicles for transport in the event that an ambulance is unavailable. It is our hope that the additional tax base that we are bringing to the City of Southlake will assist in additional funding for support services such as fire, ambulance, police and so forth. 13. What businesses might be constructed in the 200' fronting Southlake Blvd? Response: We do not own this property. This decision will be up to the owner and the City of Southlake. la. Articulation requirements. Response: Vertical articulation - We have redesigned the roof line to include dormers at varoius locations. These dormers put us in compliance with the vertical articulation requirement. Horizontal articulation - We believe that the intent of the horizontal articulation is to prevent commercial structures such as tilt wall construction (ie. shopping centers, Walmarts, etc.) from a monotonous elevation. Due to the fact that our horizontal elevation contains numerous breaks and architectural features consistent with a residential dwelling, we feel that we have met the intent of the horizontal articulation requirement. Our horizontal articulation exceeds the requirement by only 2-3 '. 7E-20 PILE No. 396 11/01 '96 12:29 ID:AWIRRE INC 214 788 1583 PAGE 5 NJ Homeowner Issues Page 3 15. What happens if the facility fails? Response: Our client has invested significant capital and time investigating the market for this product. Also, this is further reinforced by the fact that the client is now a public corporation with significant research being perfomied by the SEC prior to allowing the corporation to be publicly traded. While this is not a guarantee of success - the state license will only allow the operation of an assisted living facility if licensed as such. Any other owner would have to apply for and obtain approval from the state and or the planning and zoning commission for other usage of this facility. 16. Decreasing property values? Response: The type of facility proposed by our clients is that of an upscale residential facility. Our facility was designed to attract and compete in the market for high income residents. The final one-story design which has undergone extensive scrutiny by the City of Southlake planning department is of a much more favorable building type than is allowed in this commercial zoning. This commercial Toning allows for uses such as commercial amusement centers, bowling alleys, dry cleaning facilities, grocery stores and fast food restaurants. Please remember that this is not a nursing home, apartment complex, Walmart, retail center or a tilt wall construction building all which could have been constructed on this site. We are building a facility with a residential look and feel which will be more appealing. 17. Carefully planned, quality retail is preferrable. Response: Our opinion is that our assisted living facility will be much more aesthetically appealing than a retail site. The traffic generated by our facility will be significantly less than that of a retail site. Noise and business operations will be insignificant compared to a retail site which would have operations, traffic, and associated noise, litter, congestion, and lighting throughout the night and on weekends. IS. Why is there only a 5' buffer on the west? A wall is requested. Response: There is a 10' buffer yard as well as a 30' building setback line and we comply with both requirements as established by the city. 19. Parking is needed for employees and visitors. Response: The parking need for residents, employees and visitors is accommodated by 80 spaces which are reflected on the site plan. 7E-21 FILE No. 396 11/01 '96 12:30 ID:AGUIRRE INC 214 788 1583 PAGE 6 L Homeowner Issues Page 4 zo. Apartments Response: While an assisted living facility may be mistaken for an apartment complex, it is really quite different. Traffic in and out of an apartment complex will be much heavier as compared to an assisted living facility - residents do not work, meals can be prepared/received on site and most units are single units. Hours of activity within the facility will be stable from day to day. Residents have activity areas within the perimeter of the building so activity outside of the building will be limited. In addition, the facility will be a single story structure and will have a residential appearance. 7E-22 IA �i WA lA IF2 ��I r�M/ 6A26A �11]�i' i'"j�i `\ `�:•i�� LKER 6A1 11 ��1A Z 1 1 1 i!! lAlA1 -•-'j •.� 1 A �.— ;.—.1 —• i —• i i i i - i - 6812 66 - fi81A B 681A 681 1AIA _ _ f—G _✓ 1 I ! j �` 2848 9 281 ® ! .� 1 A 2B 4 284 686 682 IAIA IAIA lA1A AIA IAIA 2B 2C 2 2D 2E tAIA2A _ 1 - i i Jn.` / 4A1 C i 665 68J. /AlA2F +if - 6642001 1AIA2G �. i 1 1 y I 1 6011 KELLER CITY LIMIT � � ,` 'ism L 999A2 9AIA} rl8to �- i i i i i t _ �'� 1 MC123e 2A1lEl N- li ml1DJ1p .%1A 2 ! 7.8 At ` YQ - A AC • Jai. - ! ---�•-7 A` 1 i- 1.5 IB --•-1 i i i I ✓• t JD JE/ - tAl IAIA -f�MB Jy1E�T-_ ��►7 ( 2 28 x ' �RRpLL m At ,a, H�GN IAJ W i 2E 2D m --- ApD��pN 9.3 Ac I `. ,,` �p p �.`a .l 1�+'VC. 1EW ES 3A I&v f4G A- MO. vil®c Stgwr A-1212F3 I, \ �.. i A M. :. � � Q� I 2A1 Al6 ACJC 3A 4 2' 2A6 .= �. '° 8 1C KKR . .- iL_ 3B _ 2A4 Q ID 2B 1 6 Ac �= i 5=0 1 I IC 12S Ac 2 14.5 -•-'� •�•- I 5 Ac At J •� - �- . pp �piy 1— I .71 i lA4 4 ! SURWY ,G 1 1 A IA R I` 5 At Y^1.. „ 1 --1 I - �-_-._ ` � 2A2 1 IA28 p@ 5 � 2 6•1•�i.rirarlr- �0 ! i i i i � r• im p 11 r7®W�tlAt� , SE i i! i i i I l A-1 '` l'.-- i i i '. 4'r = _ r 6c ( TRACT MAP III o; 60 182 1 IF 6EI tFt - 6FUC — - 6F2 1 � ZA96-138 %E-23 IB - ,A4 tA1 16 At 6.1 Ac 1 2 Ac J 3AC 3Jt I 7n2Fl A IF d 04 w w ADJACENT OWNERS _ AND ZONING j SPIN KEPRESEN-EXIIVE #13 JIM GOGGIN Y �a 49 50 21 c 2( TR 3 = 797 AC 1 1 . ! 2 3 . , I 4 aM 1 1 5 I 7 3C1 1 1 8 9 + AC ao Y I t 10 11 12 13 S 1 1 14 I 15 16 7E-24 Adjacent Land Owneri ZA96-139 OWNER ZONING K. Stone SF-20A B. Hanoe SF-20A R. Hoffman SF-20A M. Krieger SF-20A S. Pearson SF-20A N. Wallace SF-20A South]ake 114 Investors C3 Southridge Center LP C3 Southridge Center LP C3 M. Natawalla PUD Centennial Homes Inc. pUD R_ Murillo PUD Randy Bollig Builder Inc. PUD J. Patt PUD J. Ruh] PUD S. Humphreys PUD SAN JACINJ -- - + TR i .088 IE 3n City of Southlake, Texas SITE PL N RRYESvUr n►,n►,tA n Y No.: ZA 9� Review No: Three Date of Review: 11C27/96 Project Name: Site Plan - gsiev Place ssI* t hing South ids:e Lakes Phsan r t tt Qzz s r . Deed i'°t� 4R1� 6 mcwi 1 u-. �' 1 10 1 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 111_,11/96 AND WE OFFER THE HAS STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED RWWXXWMWM FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. 1. The screening device along the north property line of the site must meet the F 1 fence requirements Of Illustration "B" pg.42-13, of Ord. 480, and must provide a minimum 8' high screen which meets the requirements of Ord. 480, Sect. 39. Correct the required" and "provided" screening shown in the Bufferyard Summary Chart to comply with these requirements. 2. The minimum driveway throat depth required for the two ingress\egress driveways to the site is 50. The provided depth of the south driveway is approximately 30' and the provided depth of the north wp� driveway is approximately 35'. 3. Provide horizontal and vertical articulation on the north east and west building facades as required by Ord. 480, Section 43.9.c.l.c. Compliance with the articulation requirements are as shown in the attached Articulation Evaluation Chart. P & ZACTION. October 17, 1996; Approved (5-0) applicant's request to table until the November 7, 1996 Planning and Zoning Commission meeting and to continue the public hearing. COUNCIL ACTION.• �14 November 7, 1996; Public Hearing continued to November 14, 1996 due to . Resolution 95-24. November 14, 1996, Motion to approve denied (7-0). November 19, 1996, Approved (6-0) Applicants request to table until the December 3, 1996 City Council meeting and to continue the public hearing. 7E-25 City of Southlake, Texas No review of proposed signs or specific landscape is intended with this site plan. A permit is aired P separate building required prior to construction of any signs or landscaping. Please note that the proposed sign as shown does not meet the minimum setback of 15, from the property line. The north portion of the proposed building encroaches an existing utility easement containing a sewer line. The applicant should that measem easements must beent and an approved for abandonment and all City requirements regarding relocation and reconstruction must be met prior to issuance of a building permit. The applicant should be aware that prior to issuance of a building permit a Plat Revision must be processedand filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment att: Articulation Evaluation Chart cc: Aguirre, Inc. Carlson, Salcedo, McWilliams, Inc. G-RLMM96\96-139SP.3 7E-26 Articulation Evaluation No. 2 Case No.,ZA 96-138 Date of Evaluation: 11/01/96 Elevation 10%r Kin sley Place, AssistedLiving Facility,proposed Lot 4R1, Block 6, SouthRidge Lakes, Ph.C-1. nt - facing: West Wall ht. = g woH Max. wall length Min. artic. offset Min. artic. length R. Side - facing: Max. wall length Min. artic. offset Min. artic. length L. Side - facing Max. wall length Min. artic. offset Min. artic. length Rear - facing: wall length . artic. offset Min. artic. length orizontal articulation Vertical articulation Required Provided Delta Okay? Required quired Provided Delta Okay? 26 1 6 8 No 24 39 63% No 3 6 500% Yes 1 2 100% Yes 100% Yes 4 7 75% Yes South Wall ht. = g Horizontal articulation Required Provided Delta 24 17 29% 1 5 400% 3 9 200a/a North Wall ht. = g Horizontal articulation Required Provided Delta 24 18 25% 1 6 500% 3 9 200% East Wall ht. = g Horizontal articulation Required Provided Delta 24 30 25% 1 5 400% 8 10 25% Vertical articulation Okay? Required Provided Delta Okay? Yes 24 37 54% No Yes 1 2 100% Yes Yes 8 9 13% Yes Vertical articulation Okay? Required Provided Delta Okay? Yes 24 27 13% No Yes 1 2 100% Yes Yes 6 12 100% Yes Vertical articulation Okay? Required Provided Delta Okay? No 24 39 63% No Yes 1 3 200% Yes Yes 6 17 183% Yes 7E-27 14 L svx=JL •xxv-vmj.nos : z;ni mvmoo oNIAn aaJLVHDS I.NI A11113VA IDNIA11 C131SISOVvital *4111 HOV-1d ASIS©1 NI 11111r if •fit ;� '� i s �'�. 966tJT AGNQU ��I i8; •I s �! �' cat S ,ii • ! ! • � 1 ! � � i • =jj if i Di ! I ! = i ill I,i 1iII i s f'Jfi i rA M»on«az IIIIIil:llllli 7E-28 rA M»on«az IIIIIil:llllli 7E-28 10 AMA 7 I , jjj�% 11,1111g CD C" C" en Gvxju "axviHinos Im SMUjL INnyw400 VNIA11 Q31vh1v3N1 fill I 11 ^ mi I v= V1,41111 1 U31;01;0;ov nil r z I I k7i Gvx3l *3)iv-*unoo esummmoo ONIAn G3lVbl93.LM All-113VA ONIAll G318188V BIOV-ld Aa-ISONIN URI e -3c) City of Southlake, Texas STAFF REPORT November 27, 1996 CASE NO: ZA 96-124 PROJECT: Ordinance No 480-219, First Reading Rezoning and Concept Plan/Crestwood Office Park STAFF CONTACT: Karen Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Concept Plan for property described as being approximately 3.5083 acres situated in the W. W. Hall Survey, Abstract No. 695, being a portion of Tract 3D as recorded in Volume 8564, Page 285, D.R.T.C.T. This plan proposes two (2) individual office buildings. LOCATION: Northwest corner of the intersection of North Carroll Ave. and Southlake Boulevard (F.M. 7109) OWNER: CFNVESTS Southlake JV APPLICANT: M & M Group, Inc. 7URRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "S-P-2" Generalized Site Plan District LAND USE CATEGORY: Medium Density Residential (may include limited low intensity office and/or retail uses) CORRIDOR RECOMMENDATION: Residential Areas (Any Single Family district) NO. NOTICES SENT: Five (5) RESPONSES: One response was received within the 200' notification area: Juergen Strunck, P.O. Box 92685, Southlake, opposed. I am opposed ... "until some of my questions concerning this request have been satisfactorily clarified." See attached letter. P&Z ACTION: October 3, 1996; Approved (6-0) applicant's request to table until the November 7, 1996 Planning & Zoning Commission meeting. November 7, 1996; Approved (4-2) subject to Plan Review Summary No. 2 dated November 1, 1996 deleting Item #1 (provide a 50' building setback line) to allow a 40' setback line; deleting Item #3A (driveway spacing distances); amending Item #3B ("right-in/right-out 8A-1 only" driveway) to allow a "right-in/right-out/left-out" driveway on Carroll Ave.; deleting Item #3C (minimum driveway throat depth on Carroll Ave.); adding to delete 10 parking spaces and use pavers for 20 of the remaining parking spaces; accepting the applicant's commitment to provide an 8' stockade fence with shadow box along the north property line. COUNCIL ACTION: November 19, 1996; Approved (6-0) Applicant's request to table until the December 3, 1996 City Council meeting. STAFF COMMENTS: The Applicant has met all the review comments of the Concept Plan Review Summary No. 1 dated September 27, 1996 and Concept Plan Review Summary No. 2 dated November 1, 1996, with the exception of the items in the attached Concept Plan Review Summary No. 3 dated November 15, 1996. L:\WP-FILES\MEMO\96CASES\96-124ZC.WPD 0 8A-2 A Juergen Strunk P.O. Box 92685 Southlake, TX 76092 (817) 481-3681 October 1, 1996 Chairman and Members of the City of Southlake Planning and Zoning Commission 667 North Carroll Avenue Southlake, Texas 76092 Reference No. ZA 94-124 Dear Mr. Chairman and Members of the Commission: Tom Matthews and David McMahan visited with me about two weeks ago and presented me with their concept plan for the proposed Crestwood Office Park. They told me at that time that they would request a zoning change to SP-2 with exclusive 0-1 usage. The notice I received from the city of Southlake lists only SP-2 generalized site plan district. I have to oppose this without the 0-1 office use specification. This may just be this may simply be a matter of weak communication —but I take the notice as the legally binding document for me. We looked at the plan and I had no serious concerns other than the placement of a two story building at a very high location looking directly into my living room. Both gentlemen understood my concerns and gave parking problems as the main reason for the distribution of the building heights. I trust and hope that this can be modified. We also talked about the exact location of the buildings in relation to the large oak trees on the property. I was assured that a tree survey would be conducted and a more accurate location of the building and parking spaces would be shown to me. I assumed this would happen and would be incorporated in the concept plan prior to submission to you. From conversation concerning the rezoning request with Ms. Gandy I understand that the West corner of Carroll Ave. and Southlake Blvd. may not yet be legally included in the zoning change request and concept plan. To my mind the concept plan and with it the zoning change request hinges on the resolution of this issue. Again, this may just be a matter of failed communication. But I certainly would want to know that M&M Group can plan the construction at the corner and that the design of the straightening of N. Carroll Ave. is approved and meets all the requirements of the City of Southlake and affected property owners. RECD OCT 0 21996 8A-3 OR rim As the homeowner most directly concerned with this request for the zoning change I am obviously most careful to state my views concerning this request. I told Mr. Matthews and McMahan that I did not object to having the parking lots all near our property line since this would take less soil removal for the construction of their buildings and would save more trees on their property. I appreciated their visit with me and their expressed intent to work with me to reach mutually agreeable solutions to their desire to build fine quality office spaces in the Crestwood Office Park. Given a little more time and more detailed information concerning the points raised above (as well as "normal' questions such as building design, landscaping, lights, trash bin location) I think that my opposition tv the request can be changed to no opposition. Mr. Matthews and McMahan probably expected to see me at your meeting to clarify my concerns. I am sorry to note that professional commitments do not permit me to attend your meeting. This may explain my rather lengthy letter. I will try to get a copy of the minutes for your Oct. 3 meeting and hope to be able to attend the 2nd reading or any pertinent follow -up -meetings. Thank you for your consideration on my behalf on this matter! Sincerely,*-Voi 8A-4 2.'x4Ob AC Y S% 5 Ac j 9 Ac 6.43 At c Ac ❑ Btt.�- I KtV 3Au 3 3AiJL 3A1n -- i ; BR1G OO�tO� ,c1 3A1JAc 1 Ap 16.91 Ac X, /c2e /c31 IC 3A1� 3A401 t 1iJ in v 1B2 1A HIGHLAND STREET /! RO 1C C 101 u >F F — E3 ,�" tE 10 1 1C to 2D Ac G i ti L i �� i `� Ac Mit.N R 101A I '' 102 1D2A 2A'. 1 3A t 3A2 i 24M Ac 1 911 Ac i HALL ' frION W.W. HALL 1 t,A1 pOb SU"EY '1-�M RICH RD EA®3 3A � A-101 to YHOMA3 4 ge — 1�0 281A 20 s 5C1 HALL y, 5A // t r 2A SA i ! 25 Ac 22 �....�OJA D3 3c 2w1 3 Ac 3 7.665 Ac 3.4 Dt D D2 3 Ac R p�tpN 1 { 33n D2A , (F-m 17m) 2A2 A EAST sODllaAKE f Y 50 5W 502 5c 3u 3C 3e w 40 7A i i 2C 2 26 21 301 RB �_ GOON 15 A< Ac 156 At 6 Ac p D' is 2211 Ac DI D 3D2 AD `• f i •` \` 2AS ' 2A3 2 A. 1 1 20118" 3 2 21 Ac` .` rE1 . !E ., - -�„A \ -Jr OIBEDI F ARWY A-0. 20 k 50.1 . N 71 Ac _ 1 i+-•----•- V 7 — - i �'`f• �� ' ' V r Y 1A3 i/`� 20 Ac k40 I C A-ew 6A1 AMDow sr. �• .4jr . ; Azw 2A 2e f 12C1 1 i 8A-5 tAz a jk W3 6 r TRACT MAP i 6� I t0 A" 13.1 Ac I /1 R 1 , a FONDREN CT 4 -21 2 22 � 23 26 f.4 OHNBY Ul 4 s s i A a its Sao U. /1. fn 5 BINKLE 1/ In CT '� ,�R- 12 y 11 n i0 a 9 7 8 9 7 E 6 . V V 5 3 s 2 cY) 4-1 f] 120 1 ff. 110 1111 A" in It" 177 � U U p tie LL / L v 1 TR 3C L .a ITR 303A TR ; er 3.41! TR 3B M@ndleZ Lmtd_ J_ Strunc:k + 1.0 AC $ Rio I , "AG" $ "SF1 A" "AG" TR 302 2.0 AC 'oo 4w L- 714 TR 3D3A7.665 AC �-L \ 3D3TR.3F 1930Ac . N,4CI 3.419 �1.79 Ac C�Rv 1; AC L —oa of TR.3D2A TR 303AI TO 3DWzoor .066 O .085 O Stags of T4qxas s O t 3C1 TR 3B2 R TR 19 O .063 O 3B1 3D1A TR 3B .017 009 O .707 AC TR 3C 3.82 AC 1 J TR 3B1 2.773 AC "AG" Timarron Land Corp_ 4 2 "AG" 21. I 8A-6 I I ADJACENT OWNERS � f SPIN REPRESENTATIVE 410 AND ZONING AL MORIN TR 3D. City of Southlake, Texas No ZA 96-124 Review No: deg Date of Review: 11/15/96 1/ U ll• • � Ill • u • 1 Levitt1' 1= • • 1 0 y - • tom: 1,; • _so MM.•1' -'FIXT777F IT; CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON lIn 1/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. -------------- 1. Provide a 50' building setback line along the south line adjacent to F.M. 170911 (P & Z Action 11107196. delete and allow a 40' setback line); 2. A minimum 8' high screening device meeting the requirements of the Zoning Ordinance No. 480, Sections 33.2, 33.3, and 39 is required along the entire west property line. The applicant has provided the required screening 3. The following changes are needed with regard to proposed driveways according to the Driveway Ordinance No. 634: A. Correct the driveway spacing distances to 22T along North Carroll Avenue and 510' along F.M.1709. The spacing from an intersection is measured from the nearest point of intersection of the right-of-way lines to the centerline of the proposed driveway.(P & ZAction 11107196. delete) B. The driveway intersecting Carroll Ave. must be a minimum of 250' from the intersection of F.M.1709 for full access driveway. The spacing provided is 227'. A "right-in/right-out only driveway is permitted with the spacing as shown. (P & ZAction I1107196. amend to allow a "right-in/right-out/left-out" driveway on Carroll Ave.) C. The proposed driveway intersecting Carroll Ave does not meet the minimum driveway throat depth of 75'. The depth provided is approximately 30'.(P & ZAction 11107196. delete) D. Provide a Traffic Impact Analysis for this site, if the trip generation of the proposed uses for this site exceeds any of the criteria established in the Driveway Ordinance No. 634, Section 3.4. Provide a minimum 10' x 59 loading space for the 16,727 s.f. building. The applicant has provided a 20' x 30' loading space. RA-7 City.of Southlake, Texas P&.ZACTION.• October 3, 1996, Approved (6-0) applicant's request to table until the November 7, 1996 Planning & Zoning Commission meeting. November 7, 1996; Approved (4-2) subject to Plan Review Summary No. 2 dated November 1,1996 deleting Item #1(provide a 50' building setback line) to allow a 40' setback line; deleting Item #3A (driveway spacing distances); amending Item #3B ("right-inlright-out only" driveway) to allow a "right-in/right-out/left-out" driveway on Carroll Ave.; deleting Item #3C (minimum driveway throat depth on Carroll Ave.); adding to delete 10 parking spaces and use pavers for 20 of the remaining parking spaces; accepting the applicant's commitment to provide an 8' stockade fence with shadow box along the north property line. This review is based on the "0-1" Zoning District Regulations. The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 11125/96. If not received by that time, no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11 "x 17" revised reduction must be provided. * Any building on the site that exceeds 20' in height (UBC standard measurement) or one story must setback from the west and north property lines such that no part of the proposed buildings encroaches above a 4:1 slope line from each property line. Otherwise, the minimum building setback line from the west property line and north property line is 40'. N. Carroll Ave. is indicated as an 84' R.O.W. on the approved Thoroughfare Plan which requires a minimum R.O.W. dedication of 42' from the centerline of the apparent existing R.O.W.. If the opposite side has already dedicated R.O.W. per the Thoroughfare Plan, this project should show a R.O.W. dedication which provides for the ultimate required 84' R.O.W.. Future alignment of the off -set between North and South Carroll has been determined. The applicant should contact the Public Works Dept. for more. specific information. * Although no review of the following issues is provided at the concept plan level, staff strongly recommends; that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements. • Vertical and horizontal building articulation (required on the north, east, south, and west building facades) per §43.9C 1 c, Ordinance 480, as amended. • Masonry requirements per §43.9C 1 a, Ordinance 480, as amended and Masonry Ordinance No. 557. • Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.90h and. Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • Residential adjacency standards per §43.11 and Exhibit 43-E on Page 43-15, Ordinance 480, as amended. • Spill -over lighting and noise per §43.12, Ordinance 480, as amended. • Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. 8A-8 City of Southlake, Texas • Fire lanes must be approved by the City Fire Department. Permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * The applicant should be aware that prior to issuance of a building permit, a plat must be submitted for approval and filed in the County Plat Records, a site plan, landscape plan, and irrigation plan along with the building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment cc: M + M Group, Inc. J.E. Levitt Engineers, Inc. LAWP-F LESIREV%96W6-124CP3 8A-9 lip I sit It I. 1I 11 T It t • i I its I i All !- Vt., N ,t S, P Will it K'S 1011i O W .P S a O , e a11, ?* I w z�� c� ^W 1-4'. i k w rn rn .-, 0 Z w fYi 1iYL11M rr - � tir.�1�M..'.._... �.._!.....:...:�_y.J..:_. . Star iM� plan leef 8A-10 ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the L:\CTYDOCS\ORD\CASES\480-219.SP2 Page I 8A-11 facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September,1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a MOM tract of land situated in th L:\CTYDOCS\ORD\CASES\480-219.SP2 Page 2 8A-12 "°`""�` , and more fully and completely described in Exhibit "A" attached hereto (4100, and incorporated herein, fro to JUNSINFRISM as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to (4w, such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted L:\CTYDOCSXORD\CASES\480-219.SP2 Page 3 8A-13 0 until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR L: \CTYDOCS\ORD\CASES\480-219. S P2 Page 4 8A-14 (W ATTEST: L APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CITY SECRETARY L:\CTYDOCS\ORD\CASES\480-219.SP2 Page 5 8A-15 BEGINNING at a monument of the west R.O.W. line of with the north R.O.W. line R.O.W.); EXHIBIT "A" found for corner at the present intersection N. Carroll Avenue (a variable width R.O.W.) of Southlake Boulevard (F.M. 1709—a 130' THENCE N 89' 05' 27" W, 101.18' along the north line of Southlake Boulevard to a monument found for corner at the beginning of a curve to the left having a central angle of 01' 36' 05" and a radius of 1 1,524.16'; THENCE around said curve and along the north line of Southlake Boulevard,, a distance of 322.09' to a monument found for corner; THENCE S 89' 18' 28" W, 121.51' along the north line of Southlake Boulevard to a 3/4" iron rod set at the southernmost southeast corner of that some tract of land described in deed to D.J. & L.A. Mitchell, recorded in Volume 6818, Page 1094 of the Deed Records of Tarrant County, Texas; (WIENCE N 00' 10' 06" E, 283.16' along the east line of said Mitchell /''� property to a 1 /2" iron rod found for corner; THENCE S 88' 46' 55" E, 104.45' along the Mitchell property line to a 1 /2" iron rod found at the southwest corner of that some tract of land described in deed to J.P. & G.H. Strunck, recorded in Volume 6365, Page 206 of the Deed Records of Tarrant County, Texas; THENCE S 89' 54' 44" E,. 444.04' along the south line of said Strunck property to a 1 /2" iron rod found for corner in west line of N. Carroll Avenue; THENCE S 00' 55' 36" W, 281.05' along the west line of N. Carroll Avenue to the place of beginning and containing 152,823.68 square feet or 3.5083 acres of land. L:\CTYDOCS\ORD\CASES\480-219.SP2 Page 6 8A-16 EXHIBIT "B" 11 E 0 z77S -Pi t F( s ) l �i .38 �x I,s S: 7 3 i Ni M 'j1 vt•-r ..aw�vJ.�..w.n a, 3Ar 'noa J -N > (aloe ^ W W nl O 7W 'a a aF 3 aE— zo �J FF O y i d Lo Tar 'notiam -s r1 r—i Zpp I � D }il i ozL�� II ; 1 4 �� o I 8 7t m U n Z 7 Z �;m.�j r; Q.:jD f.IS 3 l!a:�l 731" + i a Z g Q L:\CTYDOCS\ORD\CASES\480-219.SP2 Page 7 8A-17 i City of Southlake, Texas STAFF REPORT November 27, 1996 CASE NO: ZA 96-149 PROJECT: Plat Revision/Proposed Lot 1R1, Block 1, W. E. Mayfield Addition STAFF CONTACT: Tom Elgin, Planner II, 481-5581, ext. 753 Dennis Killough, Planner 1, 481-5581, ext. 787 Attached is a letter from the Applicant requesting that the item be tabled until the City Council Meeting on December 17, 1996. Only the letter requesting the tabling is included at this time. The entire packet will be forwarded when the case is given full consideration. v r/ 11V■ LU UV IQL UY-CC III LLULftl1 U171111 Itill I1V. U1I `tVU WIL`t 1, V1/V1 LIBERTY k BANK tountd lm LiMr�c let` Nhr. L November 26, 1996 City of Southlake We Liberty Bank request that the plat revision for Lot 1R1 W. E. Mayfield Addition Case #ZA96-149 be tabled until December 17, 19966 City Council Meeting. Sincerely, Stephen R. Ingham President/CED READ NOV 2 61996 b801 DaviS Boulevard • North Richland Hills, Texas 76180 • (817) 656-008 Member FDIC City of Southlake, Texas MEMORANDUM November 27, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 506-B, 1st Reading, an Ordinance Amending Ordinance No. 506-A, the Sign Ordinance by Deleting the Readerboard Signs from Section 19 General Information City Council, at their October 15, 1996 Regular City Council Meeting, approved a 90-day moratorium on permitting a readerboard sign (Resolution No. 96-65). The moratorium was to allow staff and Council to amend the current Sign Ordinance. Council's discussion during the meeting was to remove the readerboard sign from receiving a "conditional sign permit". This would in effect prohibit readerboard signs except as granted by a City Council under the Sign Ordinances, Section 14, Variances. The intent of this Amending Ordinance is to not encourage or offer the availability of a "conditional sign permit" for readerboard signs. Applicants asking Council for a variance will have to prove a "hardship" eed for the variance. Council, by approving this amended Ordinance, will eliminate the readerboard 'signs and any specifications for them. Therefore, if a variance is granted under Section 14, Variances, Council will need to consider specific details as to the type of sign, area of signage, and lockable cover. The attached Ordinance No. 506-B is presented for Council consideration for the first reading. Specifically the amended Ordinance No. 506-B will eliminate Subsection B, Readerboard Sig„ of Section 19, Specific Regulation. Applicable to On Site SiLIns Requiring Permit, and changing the subsequent renumbering of the subsections in Section 19. ! " I JLj-1_=1 I ,_ 6 1 Please place this on the December 3, 1996 Regular City Council Agenda for City Council's review and consideration. attachments: Charles Bloomberg Memorandum dated 11-25-96 Sign Ordinance No. 506-B C: \ W P W IN60\ W PDOC$\O RD\506B. M EM 8C-1 City of Southlake, Texas MEMORANDUM November 25, 1996 TO: Robert Whithehad, P.E. Director of Public Works FROM: Charles Bloomberg, C.B.O. f �� Plans Examiner v SUBJECT: Sign Ordinance Amendment The attached ordinance would eliminate the readerboard section from the sign ordinance. Note the general statement under section 17, subsection A, states: "Any sign which is not specifically permitted in Articles V and VI of this ordinance shall be prohibited. " Therefore, the only way a readerboard sign could still be authorized would be by the city council granting a variance pursuant to section 14. This would also do away with regulations for readerboards so each time a variance is granted specific details such as the type of sign, readerboard area, and lockable cover would need to be considered. attachments: ordinance 506-B sections 14, 17-A, and 19-B of ordinance 506-A 8C-2 ORDINANCE NO. 506-B SIGN ORDINANCE AMENDMENT AN ORDINANCE AMENDING ORDINANCE 506-A, THE SIGN ORDINANCE BY DELETING THE READERBOARD SIGN FROM SECTION 19 SO THAT IT WILL NO LONGER BE A PERMITTED SIGN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council of the City of Southlake finds the present sign ordinance does not sufficiently regulate readerboard signs within the city; and WHEREAS, the city council deems it necessary to adopt this ordinance to protect the health, safety, and welfare of the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Ordinance No. 506-A The sign ordinance of the City of Southlake is hereby amended by deleting Article V, section 19, subsection B, and renumbering the remaining subsections consistently. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. 8C-3 M Ordinance 506-B Page 2 SECTION 3. It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 506-A or any other ordinances affecting the regulation of signs which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Southlake is hereby directed to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and the City Secretary shall additionally publish its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. ac-4 Ordinance 506-B Page 3 SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 199. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 199 ON MAYOR ATTEST: CITY SECRETARY 1000Xi1Ikr/M APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY A 8c-5 two (72) hours and upon expiration of such time may be disposed of. The City is not .required to notify the permit holder or owner r of the sign that it has been picked up or that disposal of the sign is imminent. E. EXTENT OF SIGN REMOVAL: The Building Official shall determine to what extent the elements of the sign must be removed to comply with this section. This may include any of the following, but is not limited to the following: a. SIGN COPY: Removal of the text or copy portion of the sign. b. SIGN BOX: Removal of the portion of the sign excluding the structural support of the sign. C. ENTIRE SIGN: Removal of all structural elements of the sign. SEC. 12 FILING OF LIENS' AGAINST PROPERTY The city is authorized to file a lien against any property which is not otherwise exempt to recover expenses incurred by by the city for the removal of a sign or portion of a sign from the property, pursuant to Section 11E. ARTICLE III - APPEALS AND VARIANCES SEC. 13 APPEALS Any decision rendered by the Building Official under this ordinance may be appealed to the City Council by any person, agent, or representative affected.by such decision. Such appeal must be received within ten (10) days after the placement of a letter in the U.S. mail addressed to the address on the permit or the address of the current owner of record in the County tax records which states the written decision which has been rendered by the Building Official. Such appeal shall be filed in writing with the Building Official specifying the grounds on which the appeal.is based. The Building Official shall forthwith transmit to the City Council all documents pertaining to the appealed action. The City Council shall hear the appeal at a City Council meeting :-as soon as practicable thereafter to determine whether.the decision of the..Building Official was in accordance with all ordinances and regulations. The decision of the .CitIr Council hall be final. SEC. 14 RT N ES The City Council may authorize variances to- any requirements regarding number of signs, area, height, setback,. or any other aspect involved in the sign permitting process. In granting any. variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non- refundable filing fee in the amount specified in the current fee schedule adopted by City Council. 8C-6 G:\0RD\S1GNS\FD7_3-21_WPD C (6w, constructed parallel to each other and no more than thirty inches (3011) of separation between the faces of the sign. 5. NUMBER OF SIGNS: Only one sign shall be allowed per qualified site. 6. MINIMUM SETBACK: Fifteen (15) feet from any property line. 7. MATERIAL REQUIREMENTS: The support structure for the sign shall be double pole and shall be constructedor covered with materials which match the masonry portion of the principal building on the site or shall be stone or brick. No single pole freestanding signs shall be allowed. 8. ILLUMINATION: Freestanding signs may only be illuminated internal lighting. No lighting source external to the sign may be exposed. This does not prohibit exposed neon lighting. 9. RESIDENTIAL ADJACENCY: No freestanding sign shall be allowed within one hundred fifty feet (1501) of any property zoned for single- family residential uses. D. GROUND SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all ground signs. 2. LOCATION LIMITATIONS: No signs shall be placed within public right- of-way. 3. MAXIMUM HEIGHT: Four feet (41) 4. MAXIMUM AREA: Twelve (12) square feet with a maximum of six (6) square feet per sign face. 5. NUMBER OF SIGNS: Maximum of two (2) signs per site. 'SEC. 17 PROHIBI SIGNS A. GENERAr. Any sign which is not specifically permitted in Articles V and VI of this ordinance shall be prohibited. B. OBSCENE S f'NS No person shall erect or allow to be displayed upon site owned or controlled by him a sign in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts community standards relating to the description or representation of sexual matters, and is utterly without redeemingg social value. C. OBSTRUCTING DOORS W NDOWS OR FIRE ESCAPES No person shall erect or display on any site any sign which prevents free ingress to or egress from any door, window, or fire escape. D. OBSTRUCTING VISION/SIGHT TRIANGLE No person shall erect or display on any site any sign in such a manner as to obstruct free and clear vision at any location,, street, intersection, or driveway. All signs placed at any intersection shall prevent such problem by observing a sight triangle as provided for in Section 1, "Definitions." G:\0RD\S1GNS\FD7_3-21.WPD 8C-7 � SEC. 19 SPE TFI" REGULATION APPLICABLE TO ON SITE SIGNS REOTTRIN nrru7 T ` Unless otherwise specifically provided, the regulations set forth in this article shall be applicable to all of .the following signs. A. SIGN 1. PERMITTED SIGN STRUCTURE: Attached, freestanding and/or monument MODIFICATIONS TO GENERAL REGULATIONS: None B. READERBOARD SIGN '1• PERMITTED SIGN STRUCTURE: Freestanding or monument 2. MODIFICATIONS TO GENERAL REGULATIONS: a. GENERAL: Readerboard signs (manual or electronic) may only be approved as a conditional sign permit by the City Council. b• MAXIMUM AREA: Cannot exceed two-thirds (2/3) of the surface area per face of the sign. gross C. Manual readerboard signs using alphabetical lettering must have a lockable covering to prevent of easy access by vandals. C. SIGN 1. PERMITTED SIGN STRUCTURE: Freestanding, monument and/orattached \ 2• MODIFICATIONS TO GENERAL REGULATIONS: a• MAXIMUM HEIGHT:- Six feet (6'), freestanding sign may extend to ground level. b• MAXIMUM AREA: Twenty four (24) square feet. Only C. MAXIMUM NUMBER one face will be allowed per sign. OF SIGNS: No more than two (2)_signs per site. d. LOCATION LIMITATIONS: All menuboard signs must be located at the side or rear of the principal building. D. SUBDIVISION $ GNS 1• ENTRY SIGN a. PERMITTED SIGN STRUCTURE: Monument and/or attached b. MODIFICATIONS TO GENERAL REGULATIONS_.; 1. MAXIMUM HEIGHT:.. Attactz�i si may not project above top of al 2. MAXIMUM AREA: Monume}}it a hundred (100) square .feet with a maximum of Fifty (50) square feet per sign face,, Attached: Thirty-two-_(32) saLare_ feet - 3. MAXIMUM NUMBER OF SIGNS: One (1). monument sign or two attached wall plaque signs (i.e. not a combination thereof) per street entrance 2. DIRECTORY SIGN a. PERMITTED SIGN STRUCTURE: Freestanding and/or monument b. MODIFICATIONS TO GENERAL REGULATIONS: 1. MAXIMUM HEIGHT: Twelve (12) feet for freestanding 2. MAXIMUM AREA: One hundred (100) square feet with a maximum of Fifty (50) square feet per sign face 3. MINIMUM SETBACK: Fifteen (15) feet from right-of-way G:\0R0\S1GNS\F07_3-21.WPD 8C-8 (aw, RESOLUTION NO. JL- 7/ A RESOLUTION DECLARING A NINETY (90) DAY MORATORIUM ON THE APPROVAL OF ASSISTED CARE LIVING CENTERS; DIRECTING THE PLANNING AND ZONING COMMISSION OF THE CITY OF SOUTHLAKE TO CONDUCT INVESTIGATIONS AND TO REPORT TO THE CITY COUNCIL AS EXPEDITIOUSLY AS POSSIBLE ITS RECOMMENDATIONS RELATING TO THE REGULATION OF ASSISTED CARE LIVING CENTERS WITHIN THE CITY; PROVIDING FOR A METHOD OF REPEAL OF THIS MORATORIUM; AND PROVIDING THAT THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE WHEREAS, the City Council of the City of Southlake has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance of the City, which regulates the location and use of buildings, other structures and land for business, industrial, residential and other purposes; and WHEREAS, the Comprehensive Zoning Ordinance does not contain specific regulations applicable to the location or development of assisted care living centers; and WHEREAS, the city has received inquiries regarding the location and development of assisted care living centers within the city which might adversely affect surrounding properties or the proper and orderly growth of the city; and WHEREAS, the city council desires to maintain the status quo within the city until such time as the city council has had a reasonable time to review the provisions of the assisted care living centers Comprehensive Zoning Ordinance related to within the city and to take appropriate action as may be required to protect the public health, safety and welfare with regard to the prohibition of such centers; and WHEREAS, a ninety (90) day moratorium placed on the issuance of permits for f:\files\slake\res\asstcare.mor (11-27-%) Page 1 i assisted care living centers is a minimally intrusive method of maintaining the status quo until such review can be completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHI.AKE, TEXAS: SECTION 1. Effective immediately, and for a period of ninety (90) days, no application for a permit shall be accepted and no permit shall be issued for any assisted care living center in the City of Southlake unless an application for the permit was received by the city prior to the passage of this resolution. The purpose of this moratorium is to maintain the status quo within the city until such time as proper regulations have been adopted with regard to assisted ca,. re living centers. SECTION 2. The term "permit" as used in this resolution shall mean a license, certificate, approval, registration, consent, permit, or other form of authorization required by law, rule, regulation, or ordinance that must be obtained by a person in order to perform an action or initiate a project for which the permit is sought. SECTION 3. The Planning and Zoning Commission is hereby directed to conduct public hearings and initiate proper procedures for consideration of possible amendments to the Comprehensive Zoning Ordinance regarding the location and development of assisted care living centers. In particular, the Planning and Zoning Commission shall review and consider the most appropriate zoning district for the location of assisted care living centers in order f:\files\slake\res\asstcam.mor (11-27-96) Page 2 qWr02- to achieve consistency with the Comprehensive Land Use Plan. The Planning and Zoning Commission shall send out notices and hold public hearings in accordance with Chapter 211 of the Texas Local Government Code and shall elicit citizen comments with regard to the amendments to be considered. SECTION 4. This moratorium shall remain in effect until such time as the City Council has a reasonable opportunity to consider and act upon appropriate amendments to the zoning regulations applicable to the above listed properties. upon final adoption of any ordinance amending the regulations applicable to assisted care living centers or upon a final determination being made by the City Council that amendments are not necessary, this moratorium shall expire. This moratorium shall automatically expire 90 days from the date (W of adoption unless it is specifically extended b additional City Council action. P P Y Y h' A SECTION S. PASSED, APPROVED and EFFECTIVE on this day of , 1996. Mayor, City of Southlake ATTEST: City Secretary f:\files\slake\res\asstcammor (11-27-%) Page 3 ��-'3 City of Southlake, Texas MEMORANDUM November 25, 1996 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Schedule for Master Plans and Ordinances -- As of November 25, 1996 Attached you will find three handouts related to the prioritization of projects by the City Council. There are three versions of the matrix, sorted differently as follows: A. Sort-ed-by—CQuncil Priority Ranking -(Blue) - This matrix shows each item sequentially in order of the composite ranking by City Council. B. SoAed- -ting-Apgearance_(Oreen) - This shows each item in order of current intended appearance before City Council. As pointed out by Greg Last when this list was first presented to the City Council, there is not a direct correlation between this list and the ranking list. This is because some of the items are already well underway (or just recently completed). Hopefully, over time the two lists will more closely mirror one another. C. 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O C 10 .� ti d U Q•t i. j U U F tn O r N N N II ICI � co U c, a � N IOA-$ P u O U rn .....................v.. w C.......................... 0 Q O MO W i+ VJ C\ ti ............. C O N •� Q G .. .............. U U ob c �I L............ii............ E II C� 4 C V......Jl............ U II II II � ClIt's O C� U as � ...i�.......ii............ a a II u H........µ........... G^ O ,y N 4� on U � � N � Q N Qj _ a ca 3 a •5 ° a v U� .a l) cl O � U CC x r1 c•i w II A U U U II z W a L A 4 E IDA-9 L Ma r u O d �!0 ..................... .......................... e Z 4 C Z _ Q..........................L [� C � a .......................... L G ` a Q (L .....................U.. E i. U U z U II 0. W' CA II II II 'ti C II II 11 � sCD II II II a A i ii II � E v 1 c 00 -d O_ a as � a � O N a � ' o o a E U . aa� N x 4.) CL o Ua N fV I >a c c Nd' D 1 u A a E a ON ON V u .c 0 O z IOA-►0 City of Southlake, Texas MEMORANDUM November 27, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Developers Agreement with Southlake Woods, Phase 1A, located North of W. Continental Blvd., West of S. Peytonville Ave., East of Davis Blvd. (F.M. 1938), and South of W. Southlake Blvd. (F.M. 1709) Background The residential developers agreement for Southlake Woods, Phase 1A (Goode Airport Property) is attached. The usual requirements for performance bonds, letters of credit or cash escrow, and indemnification are incorporated in the agreement. I. W. Continental Blvd. Reconstruction Issues: The intent of the Developer and City is to reconstruct W. Continental Blvd. from Davis Blvd. to S. Peytonville Ave. to provide for better traffic flow for the addition's entrance, CISD's Carroll Elementary School, and residents of the area. Therefore, this agreement provides that the Developer will reconstruct, complying with all applicable state and local laws and procedures, W. Continental Blvd. in two phases to provide the following street improvements: A. Phase I: Davis Blvd. to Deer Hollow Drive (entrance to Southlake Woods) 1. provide three lanes at Davis Blvd. extending to the east to provide a left - turn lane onto Davis Blvd., 2. provide three lanes including a left -turn lane at Deer Hollow Drive, and 3. provide repairs to the base and overlay with asphalt the remaining street between (1) and (2) above. B. Phase II: Deer Hollow Drive to S. Peytonville Ave. 1. Provide a three lane street (two travel lanes and one left -turn lane), meeting all the City requirements in compliance with the existing Thoroughfare Plan. 10B-1 MEMORANDUM CURTIS E. HAWK DA FOR SOUTHLAKE WOODS, PHASE 1A NOVEMBER 27, 1996 PAGE 2 II. W. Continental Blvd. Cost Contributions: The City will: A. waive the collection of applicable Street Impact Fees (Ord. 657). The current value of this waiver is $147,200 (128 lots x $1,150/lot). B. FY96-97 Capital Project Budget included $158,945 for reconstructing W. Continental Blvd. to the "interim" standard (28.6% of the $555,570 total budget for W. Continental Blvd. from Davis Blvd. to S. White Chapel Blvd.) Following the street special assessment procedure, the City will reimburse the Developer up to this amount upon the completion of Phases I and II construction. C. Waive the 3 % construction inspection fee and the 2 % administration fee on the cost of constructing W. Continental Blvd. The estimated value of this waiver is 5 % x 465,000 which is equal to $23,250. Comments The attached letter from Toll Brothers, Inc. request that they only participate in the improvements to W. Continental Blvd. in the amount of the Impact Fees or $147,200. The total estimated City cash outlay, as proposed by Toll Brothers, would be $484,563 minus $147,200 or $337,363. A comparison of the request from Toll Brothers and the staff is as follows: . Description Toil Brothers Gi Staff Drffereut e total cost of project to City 484,563 329,395 0155,168 waive impact fees 147,200 147,200 0 waive 5 % of street cost 0 23,250 (+) 23,250 City cash outlay 337,363 158,945 (-) 178,418 1oB-2 MEMORANDUM CURTIS E. HAWK DA FOR SOUTHLAKE WOODS, PHASE 1A NOVEMBER 27, 1996 PAGE 3 Please place the developers agreement with Southlake Woods, Phase IA, on the December 3, 1996, Regular City Council Agenda for City Council's review and consideration. ge�ll BW/ls attachments: Toll Brothers, Inc. Letter Construction Cost Table Developers Agreement Plat Exhibit C:I W P W IN601 W PDOCS�SUBDIVIL-WOODS\DEV-AGR. MEM 10B-3 TOLL BROTHERS, INC. 4010 Eider Drive McKinney, Texas 75070 Mr. Bob Whitehead CITY OF SOUTBLAKE 25 November 1996 667 North Carroll Avenue Southlake, Texas 76092 REF: Southlake Woods, Phase I - Developer's Agreement Dear Mr. Whitehead, This letter is two fold in its intent. The first is to request admission onto the Town Council Meeting agenda for December 3, 1996, to seek approval for our Phase IA of the Southlake Woods development. The second is to request the amendment of pages 10 and 11 of the Developer's Agreement, as drafted by your office, to coincide with the provisions from the Southlake Town Council meeting of 01 October 1996. We respectfully request the Developer's Agreement to be amended to reflect the following agreed to provisions: 1. Toll Brothers agreed to `participate' in the improvements to Continental Boulevard in the amount of the impact fees for the project. 2. Toll Brothers will construct, at own expense, the turn lane at Davis Street and the turn lane at the project's intersection. 3. Toll Brothers will act as General Contractor for the improvements, passing along any savings to the City of Southlake. The improvements are yet to be engineered, however preliminary drafts have been presented to the City of Southlake's Department of Public Works for review. Some version of a three lane road (includes center turn lane) improvement is expected as the final approved design. Toll Brothers and their engineer, Post, Buckley, Schuh & Jernigan, Inc. are currently working with City staff to finalize the engineering. Woods RECEIVED Nov 2519% DEPI OF PUBLIC WORKS 106-4 E-{ v W a ON °z A � � H zw � U 1 M N M � � d' �p 69 69 6s v 1�0 I— O N --� G49 69 br9 \C en 00 Nt 6s 1 Gs I G,�j o 0 � t- \D OO O tn no NZ 0 N O�. �O M en. M M � � 69 69 M v v 69 II cn 00 cq II 0O �p O0 N p KM tn M 69 69 69 66 us W. + � v O 00 O 00 M O M en Itt M cri N �p 'l7 kn H tt+•C. �N�� f�� Its rz fi Q w V a I q d v O o `ti V Ci o 0 q 62 o U z d � O h F V M ti O 69 ap U d 6 C Z fi 10B-5 10B-5 SOUTHLAKE WOODS, PHASE I ADDITION 12\03\96 DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the Southlake Woods, Phasd, IA Addition, to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the A residential lots contained within the Southlake. Woods,.Phase IA Addition and to the off -site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the public infrastructure to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approves the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. Acceptance shall" not be "unreasonably withheld. RIM G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to sewer lines or water mains constructed under this Agreement until said water mains and sewer lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days I OB-8 written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. E. ON -SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. F. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. I. START OF CONSTRUCTION: Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: l . Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre -construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgment by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.), Article VII, Park and Recreation Dedication Requirements. The Addition consists of 14 residential lots for a total required park fee of $700,0 ($500 per lot/acre). B. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. C. OFF -SITE STREET CONSTRUCTION (W. CONTINENTAL BLVD.) 1. W. Continental Blvd. Reconstruction Issues: The intent of the Developer and City is to reconstruct W. Continental Blvd. from Davis Blvd. to S. Peytonville Ave. to provide for better traffic flow for the addition's entrance, CISD's Carroll Elementary School, and resident of the area. Therefore, this agreement provides that the Developer will reconstruct, complying with all applicable state and local laws and procedures, W. Continental Blvd. in two phases to provide; the following street improvements: a. Phase I: Davis Blvd. to Deer Hollow Drive (entrance to Southlake Woods) 1) Provide three lanes at Davis Blvd. extending to the east to provide a left -turn lane onto Davis Blvd. 2) Provide three lanes including a left -turn lane at Deer Hollow Drive. 3) Provide repairs to the base and overlay the asphalt the remaining„ street between (1) and (2) above. b' Phase II: Deer Hollow Drive to S. Peytonville Ave 1) Provide three lane street (two travel lanes and one left-turrl lane), meeting all the City requirements in compliance with the existing Thoroughfare Plan. 2. W. Continental Blvd. Cost Contributions a. The City will: 1) Waive the collection of applicable Street Impact Fees (Ord. 657) The current value of this waiver is $147,200 (128 lots x $1,150/lot). 2) FY96-97. Capital°"�"Project° Budget" included $158,94 i reconstructing W. Continental Blvd. to the "interim'.' standard (28.6% of the $555,570 total budget for W: Continental Blvd. from Davis Blvd. to S. White Chapel Blvd.) Therefore; the City will reimburse the Developer 1 to this amount upon, the completion of Phase I and°` construction. 3) Waive the 3% construction inspection fee and the 2% administration -fee on the cost of constructing W: Continental Blvd. The estimated value of this waiver is 5 %; x 465,000 equals $23,250. SIGNED AND EFFECTIVE on the date last set forth below. CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor DEVELOPER: By: Title: Address Date: ATTEST: Sandra LeGrand, City Secretary Date: (--1 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. - 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. C:\WP WQJ60\WPDOCS%UBDN\SL-WOODS\DEV.AGR.WPD p Yi. 8. fip dg tpA.E "fi �6� •E Y' as qa 3 i•ia i z'_•"• 4a1 =W a^= as8: h aR F E =Y ea; hz ffe8a kRl gf g `8 fi � ��••!• rZ Hi ag €Y f;9-= g..y:fi� RR r � 3f YF:"- .. g._�� 4 91 9�e W� � ✓�� !":: !•n F'rka�a !h tb ! y ! '�E• I LRb 9k: a��= Asa :es ::sa .g 9z" kb y:l: F"s: - fi! ' iMaMF j "Y ag- ga T 1OB-19 eo a fillIi,i-. O a= e�doyg 2og ;fill, t -50 0 svxas •svzzva . -ox3 •rtvmmlar v HrIH xazxons •isoa w E- V) 8 � g .q. (--T I it 1OB-20 4 w ~Z N_Z V �n m SVXH.L Sv-i'Ivu •ocii •Aivolbalar -v HnHos 'xszxons ssoa �_�. • �_ 'Svx;3.L 'ONI dNvo Imuaf V HIIH::)S ' alixoflff '.LSOd 1 11 iu:lliiiuiiiii Dore i m milli 131111 1111 1 111 8 li SVXa.L •SV-I'IVa . ONI NVf:)jN iaf 2V HnHDS C�i'Ixona .LSOd >" City of Southlake, Texas November 22, 1996 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Contract for Solid Waste and Recyclables Collection The city's contract with Laidlaw Waste Systems, Inc. for refuse and recyclable collection will expire on April 30, 1997. Recognizing that garbage and recycling collection affects several of the city's functional areas, a staff committee was assembled to work on developing a recommendation to the City Council regarding the provision of garbage and recycling services beyond April, 1997. Representatives on the staff committee included Bob Whitehead, Director of Public Works, Lynn Martinson, Chief Accountant/Budget Officer, Shani Ihnfeldt, Utility Billing Supervisor, and me. The committee has met three times, but given the amount of time it will take to work through all of the issues once our direction is defined, it would be helpful to us to get City Council input and direction prior to proceeding further; specifically, Council's position on renegotiating the contract with Laidlaw or whether the r Council would like to seek bids. Background: The City of Southlake contracted with its first franchised refuse collector, Lakeside Sanitation, in 1984. The original contract was extended for three years in 1987, with a five year contract which extended through April 30, 1992. At the recommendation of an Environmental Task Force approved by City Council, recycling services were provided by BFI (initiated in April 1991), with the contract extending through April 1992 as well. In anticipation of the expiration of these contracts, the City Council directed staff to seek bids. Lakeside Sanitation was selected to provide both refuse and recyclables collection, for a combined residential rate (garbage and recycling) of $8.45 per household. In February 1994, this contract was assigned to Laidlaw Waste Systems, Inc., who agreed to honor its terms through the expiration date of April 30, 1997. Service Provision: The City of Southlake currently has 5,100 residential garbage/recycling accounts and 320 commercial garbage/recycling accounts (per the City's October 31 billing). Curbside pick up of garbage is provided twice weekly, and weekly for recycling. The terms of the contract provide for a variety of other services, including bulky item pick up, brush pick up, and others. To gauge the level of satisfaction among residents with garbage collection, the 1995 Citizen Satisfaction survey included questions regarding garbage service. Results indicated that Southlake residents are generally pleased with the services provided by Laidlaw Waste Curtis E. Hawk Contract for Solid Waste and Recyclables Collection November 22, 1996 Page 2 Systems, Inc. For example, residents were presented with a list of various city services and asked whether the service needed much, some, or no improvement. Police, fire, and garbage service scored highest in the "no improvement" category with 81.6, 85.9, and 77.4 percent respectively. These services ranked higher than street maintenance, street lighting, water and sewer service, storm water drainage, and animal control. Those indicating that garbage service.needed "some improvement" totaled 18.9 percent, and those citing that "much improvement" was needed totaled 3.7 percent. The table below illustrates these responses. Ratings for Various City Services Service No Improvement Some Improvement Much Improvement Fire Service 85.9 % 12.6 % 1.5 % Police Service 81.6 16.2 2.2 Garbage Collection 77.4 18.9 3.7 Sewer Service 71.3 11.9 16.8 Water Service 71.0 16.3 12.7 Animal Control 49.3 31.2 19.5 Storm Water Drainage 45.1 30.9 24.0 Street Lighting 21.8 45.0 33.2 Street Maintenance 9.6 50.2 40.2 *1995 Southlake Citizen Satisfaction Survey When asked if the service should be a high, medium, or low priority for improvement, 18.5 percent of the respondents stated that garbage collection should be a high priority for improvement, 42.7 percent stated it should be a medium priority, and 34.7 percent stated that garbage collection should be a low priority for improvement. These figures illustrate that garbage collection ranked lowest of all services as a high priority for improvement, and had the highest percentage of all services ranked as a low priority for improvement. The following Curtis E. Hawk Contract for Solid Waste and Recyclables Collection November 22, 1996 Page 3 table shows the services and the priorities given to improving those services: Among Those Respondents Reporting That Various Services Need Much or Some Improvement, Prioritization of Service Improvements Service High Priorit —j Medium PriorityPriority Low Street Maintenance 59.1 % 35.9 % 4.8 % Sewer Service 47.6 39.5 12.9 Water Service 46.2 36.5 12.8 Storm Water Drainage 45.3 39.8 14.2 Animal Control 40.4 34.5 24.3 Street Lighting 39.4 42.7 17.6 Police Service 29.6 52.0 15.3 Fire Service 29.0 49.3 20.3 Garbage Collection - 18.5 42.7 34.7 *1995 Southlake Citizen Satisfaction Survey Finally, when asked how often garbage collectors missed picking up trash on scheduled pick up days in the past twelve months, 70.1 percent stated that their garbage had never been missed. Those citing missed pick up 1-2 times in the past twelve months were 19.7 percent, as Curtis E. Hawk Contract for Solid Waste and Recyclables Collection November 22, 1996 Page 4 illustrated by the following pie chart: Missed Pick Up During Last Tw elve Months As you know, the staff committee has identified additional questions to be asked during the 1996-97 citizen satisfaction survey to further explore the attitudes of Southlake residents regarding garbage and recycling collection. Rates: When the City of Southlake contracted with Lakeside Sanitation in 1992, the approved rate for combined residential garbage and recycling services was $8.45 per household. Commercial rates are based on the size of container and frequency of pick up. Lakeside Sanitation/Laidlaw has not petitioned the City Council to raise this rate, thus rates for garbage/recycling collection and commercial pick up have remained constant since 1992. Staff had been approached about a potential increase in 1994, however, some service issues were raised by a Council member and Laidlaw determined that they would not pursue their request. We are currently in the process of surveying surrounding cities to determine the rates they are paying, and hope to have this data available soon. (Note: This survey data is intended to provide you with a general feel for rates in this market, however, it should be noted that rates vary due to a number of issues, including the types of services offered, the ratio between commercial/residential accounts, etc. Thus, the usefulness of this data is somewhat limited.) Ili-posal Capacity: When analyzing the ability of a vendor to provide services at a reasonable rate, one must consider disposal availability and control. The attached map provided by the North Central Texas Council of Governments shows remaining landfill lifetime available to //A- y Curtis E. Hawk Contract for Solid Waste and Recyclables Collection November 22, 1996 Page 5 cities for residential solid waste. This map shows Southlake as having 6 to 10 years of disposal capacity, however, should waste be diverted to the Turkey Creek Landfill, there may be disposal capacity for 11 years or more for Southlake. Note that this map shows only permitted landfill space. Many landfills have the capacity for expansion, but until the permit is issued by the TNRCC, the additional life will not be shown. The assumption can be made that the company that controls landfill space will have lower disposal costs, so decisions about the future of solid waste collection should factor in disposal capacity. FYI, Laidlaw Waste Systems currently owns or is in the process of acquiring: -Turkey Creek Landfill (Johnson County) - At least 40 years of capacity -Sanifill-Crow (Fort Worth/Azle) - 8 years of life, with expansion opportunities (12 _- - years)* -Mesquite Landfill - 8 years of life, with expansion opportunities (11 years)** *Laidlaw Waste Systems currently has a contract for the purchase of this landfill -- see attached letter. **Laidlaw Waste Systems currently has a contract for the purchase of this landfill from the City of Mesquite. Fuiure Contract: The City of Southlake has basically two options for the future collection of solid waste and recyclables. First, due to the contract language that was bid in 1992, the City could extend its current contract with Laidlaw Waste Systems, working through rate and service issues as part of the negotiation process. The attached letter from Laidlaw illustrates the terms it would propose should the City choose to renegotiate. Second, the City could choose to develop a "Request for Proposals," and seek bids in the open market. If this is the most attractive option to Council, we will need to move quickly to prepare the RFP and provide notification to Laidlaw that we are not electing to renew the agreement. FYI, Laidlaw is required to notify the City 120 days prior to the termination of the agreement of its election to terminate or to renew the agreement for an additional five year period. Once we know their intentions (which we believe will be renewal), we may have some room to negotiate with them, not only on rate issues, but on service issues as well. General direction is needed from the City Council to ensure that staff research and other Curtis E. Hawk Contract for Solid Waste and Recyclables Collection November 22, 1996 Page 6 project activities are in general conformance with City Council preferences. Please place this item on the City Council agenda for December 3, 1996, for discussion by City Council. Attachments: Contract for Residential and Commercial Refuse Collection and Recyclable Materials Collection NCTCOG map - Remaining Landfill Lifetime Available to Cities Laidlaw Letter to William Crow & Sons, Inc. & Sanifill Inc. OFFICIAL RECORD CONTRACT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION AND RECYCLABLE MATERIALS COLLECTION STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT AND AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager, Curtis Hawk (hereinafter referred to as "City"), and Lakeside Sanitation, Inc., a Texas Corporation, acting by and through its duly authorized President, Curtis McCaffity (hereinafter referred to as "Contractor"). WHEREAS, City and Contractor have heretofore entered into a Franchise and Agreement whereby Contractor agreed to provide residential and commercial garbage and trash services to the City and its inhabitants for a five (5) year period beginning May 1, 1987 and ending April 30, 1992; and WHEREAS, City and Contractor now desire to renew said contract by giving Contractor a non-exclusive license to use the public streets, easements, and thoroughfares within the limits of the City for the purpose of collection and disposal of residential and commercial garbage and trash, including solid waste recycling, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That City and Contractor do hereby covenant and agree as follows: SECTION 1 DEFINITIONS Wherever used herein, the hereinafter listed terms shall have the following meanings: slake\refusel.con(42292) / / 1- L,4 1.1 Brush. Tree and shrub trimmings and limbs, etc., in bulk which exceed four (4) feet in length and cannot be loaded readily into regular refuse compaction equipment. 1.2 Bulky Waste. Stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than Construction Debris, Hazardous Waste or Stable Matter. 1.3 Bundle or Boxed Bundle. Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four (4) feet in length or fifty (50) lbs. in weight. 1.4 City.. City of Southlake. 1.5 Commercial Unit. Any commercial or industrial enterprises operating within the corporate limits of the City, including any residential dwellings occupied by persons or group of persons comprising more than four families. 1.6 Commodity. Material that can be sold in a spot or future market for processing and use or reuse. Each commodity shall retain its own identity and be kept separate. 1.7 Commodity Buyer. A buyer or processor, selected by Contractor pursuant to the Contract Documents, of recyclable materials delivered by Contractor. 1.8 Contract Documents. This Contract and the most current Request for Proposals, Instructions to Bidders, and Contractor's Proposal, plus any addenda or changes to the foregoing documents agreed to by the City and the Contractor. 1.9 Contractor. The person, or partnership performing refuse and recyclable materials collection under this contract. 1.10 Construction Debris. Waste building materials resulting from construction, remodeling, repair or demolition operations. 1.11 Disposal Site. A refuse depository, physically located in the City or in close proximity thereto, including but not limited to the Landfill and other sanitary landfills, transfer stations, incinerators, and waste processing/separation centers licensed, permitted or approved to receive for processing or final disposal of refuse by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals. 1.12 Garbage Containers. Portable cans or similar containers constructed of galvanized iron, tin or other substantial material, or plastic bags or cardboard boxes, designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. The maximum capacity of a garbage container shall not exceed thirty-three (33) gallons and the total weight of a garbage container and its contents shall not exceed fifty (50) pounds. stake\refusel.con(42292) -2- 1.13 Hazardous Waste. Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the State of Texas to be "hazardous" as that term is defined by or pursuant to Federal or State Law. 1.14 Landfill. The real property site for disposal as described in paragraph 1.11 above. 1.15 Producer. An occupant of a residential or commercial unit who generates refuse. 1.16 Recyclable Materials. Those commodities which are collected by Contractor pursuant to this Contract. 1.17 Refuse. Every accumulation of waste (vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains, or other animal or vegetable matter including, but not by way of limitation, used tin cans and other food containers; and all easily decomposable animal waste or vegetable matter which is likely to attract flies or rodents; and all rubbish and waste material generated at a residential, commercial, industrial, institutional location, or construction site which must be disposed of to prevent the attraction of flies, rodents, scavengers, unnecessary odor or to prohibit unsightly accumulation of refuse or fire hazards. Refuse shall not include any waste materials included in the definition of hazardous waste. 1.18 Residential Unit. A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four (4) families. A residential unit shall be defined when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of a single or, multi -level construction, consisting of four or less continuous or separate single-family dwelling units, shall be treated as a residential unit, except that each single-family dwelling within any such residential unit shall be counted separately as a residential unit. 1.19 Rubbish. All waste wood, wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter," paper, pasteboard, rags, straw, used and discarded mattresses, pulp and other products such as are used for packaging or wrapping, crockery, glass, ashes, cinders, floor sweepings, mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, or Hazardous Waste. slakeVefuset.con(42292) -3- 1/A 9 SECTION 2 SCOPE OF REFUSE COLLECTION WORK 2.1 Disposal of Refuse. The Contractor agrees to dispose of, outside the corporate limits of the City, all brush, bulky waste, and other refuse collected. All vehicles used by the Contractor for the collection and transportation of such brush, bulky waste, and other refuse shall be protected at all times while in transit to prevent leakage or the blowing or scattering of same onto the public streets of City or property adjacent thereto. 2.2 Frequency of Residential Collection. The Contractor shall collect all residential refuse in bundles, boxed bundles or garbage containers not less than two (2) times per week, with collections at least three (3) days apart. No collections shall be made on Sunday. Any missed pick-ups will be picked up by the Contractor on the same day if they are called in before 2:00 p.m. All refuse shall be placed at curbside for collection by 7:00 a.m. on the designated collection day. Curbside refers to that portion of right-of-way adjacent to paved or traveled City roadways. Containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Containers shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Container not so placed. 2.3 0 antity. The Contractor shall be required to pick up all refuse and bulky wastes generated from a residential unit, provided that same is properly prepared, bagged, and stored for collection. Rubbish or bulky wastes not containerized (which can be lifted and loaded by two (2) employees in no more than five minutes), and large items such as furniture, hot water heaters, refrigerators and other appliances, shall be collected by the Contractor within forty-eight (48) hours of receipt of a call from a residence. 2.4 Residential Refuse - Where. Collections of refuse shall be made from the curb provided the containers are freely accessible, with the bottom at ground level or on a platform not more than three (3) feet above ground. Containers stored below ground surface will not be picked up. 2.5 Residential Refuse - How. The Contractor shall make collections with a minimum of noise and disturbance to the householder. This work shall be done in a sanitary manner. Any refuse or trash spilled by the Contractor shall be picked up immediately by the Contractor's employees. 2.6 Commercial Refuse. Every owner, agent, employee, or person otherwise in charge of any commercial, institutional, or industrial premises within the City (commercial customer) shall have a commercial container or containers of a size and frequency to insure the premises against flies, rodents, scavengers, unnecessary odor and to prohibit unsightly accumulation of refuse or fire hazards. Contractor agrees to make commercial containers of slake\refusel.con(42292) -4- adequate size available upon request of any commercial premises within the corporate limits of City. The commercial containers provided by Contractor shall be equipped with suitable operable covers to prevent blowing or scattering of refuse, shall be maintained in good order, appearance, and in a sanitary condition, shall be of a uniform color or color scheme, and shall be clearly marked with the Contractor's name and telephone number. 2.7 Dead Animals. The Contractor shall be required to remove all dead animals in the City within twenty-four (24) hours of notice by the City. 2.8 Special Brush Collection. The Contractor shall provide a site (convenience center) at 3355 Raider Drive in Hurst, Texas, which will be open Monday through Friday from 1:00 p.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon for the deposit of brush by residential customers. A reasonable cost may be charged to customers for this service. The Contractor shall be responsible for the transportation and disposal of these materials in a proper landfill. 2.9 Tires, Batteries, Etc. The Contractor shall provide a site (convenience center) at 3355 Raider Drive in Hurst, Texas, which will be open Monday through Friday from 1:00 p.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon for the deposit of oil, tires, batteries, and similar refuse customarily generated by residential customers. The Contractor shall be responsible for complying with all federal, state and local laws and regulations for the proper collection, transportation and disposal of these materials. A reasonable cost may be charged to customers for this service. 2.10 Christmas Trees. During the Christmas season each year, the City shall provide a specific site within the City for the deposit of Christmas trees by residential customers. The Contractor shall provide a chipper at such location at no cost for the purpose of chipping the Christmas trees. The Contractor shall be allowed one week to chip the trees. The chips shall be left on the site if so desired by the City. SECTION 3 SCOPE OF RECYCLING WORK 3.1 Residential Recycling. The Contractor agrees to furnish all personnel, labor, equipment, trucks, containers, and all other items necessary to provide recyclable materials collection and delivery services for all residences and public schools in the City as provided herein. These services shall be provided at least once per week. 3.2 Collection Ectuipment. The Contractor shall provide an adequate number of specially designed vehicles for recycling collection services. All vehicles and other equipment shall be kept in good repair, appearance, and in a sanitary condition at all times. After notice from the City, the Contractor shall have slake\refuset.con(42292) -5- // thirty (30) days to correct any deficiencies in its collection vehicles. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contractor and a slogan depicting the recycling theme. 3.3 Recycling Containers. Contractor shall provide at its sole expense one (1) recycling container for each residential unit within the City. The recycling container shall remain the property of the Contractor for a period of five (5) years from the initiation of the recycling service. At the end of the five (5) year period, the recycling containers will become the property of the residents. If Contractor's services in the recycling program are discontinued prior to five (5) years from the initiation of the recycling service, the recycling containers shall be returned to the Contractor. The Contractor will be responsible for the collection of these bins and identifying which homes do not return recycling bins upon request. For recycling containers which are not returned to the Contractor, a charge per bin will be calculated on a depreciated book value basis. The book value for each unreturned container shall be calculated by utilizing a $6.00 initial cost value and the straight line depreciation method over a sixty (60) month life with a twenty-five percent (25%) remaining salvage value. During the initial term of this contract, if a recycling container is lost, stolen or destroyed, residents may purchase additional replacement containers from Contractor for six dollars ($6.00) per container. However, there will be no charge for replacement of containers due to normal wear and tear. Recycling containers will be constructed, at least in part, of recycled plastic and will be sixteen (16) to twenty (20) gallons in volume. Containers shall clearly state the name of the Contractor and a slogan depicting the recycling theme. 3.4 Recyclable Commodities. The Contractor shall collect and recycle the following commodities: 1. Newspapers. No magazines, mail, paper bags or other paper will be collected. 2. Glass bottles, jars and containers. No mirrors, windows, or ceramics will be collected. 3. Cans for food, beverages, soft drinks, beer, etc. No scrap metal will be collected. 4. Plastic H.D.P.E. and P.E.T. bottles. In the event that the market prices for any one or all of the above commodities drops to the point that such materials can no longer be sold or processed, the City and the Contractor may agree to remove that commodity from the list of items to be recycled and the Contractor will notify residents of same. The City reserves the right to include additional materials, such as magazines, cardboard, automobile batteries, and other materials as such markets become available. In addition, the slake\refusel.con(42292) -6- Contractor agrees to add yard waste recycling and office paper recycling as markets become available. 3.5 Location of Containers for Collection. Each container shall be placed at curbside for collection by 7:00 a.m. on the designated collection day. 3.6 Separated Commodities. It is the intent under this Contract for the Contractor to collect certain source separated commodities to be recycled by a sub -contractor who has experience in the business of processing and sale of commodities. The Contractor will not be required to collect commodities which are mixed with garbage, trash and refuse normally collected by sanitation crews. The Contractor may notify the City of any such addresses where the residents are so commingling commodities and will notify the individual customer that such commodities are unacceptable for collection. 3.7 Hauling. All commodities hauled by the Contractor shall be so contained, tied or enclosed that leaking, spilling or blowing is prevented. 3.8 Delivery. All commodities collected for delivery and sale by the Contractor shall be delivered to a commodity buyer selected from time to time at the sole discretion of the Contractor. The charge for delivery to the commodity buyer shall be included in the rate for each residential unit serviced by the Contractor. 3.9 Notification. The Contractor shall notify all new residences about complaint procedures, sorting, preparing for collection, regulations, and day(s) for scheduled recyclable materials collection. The contractor shall also inform the public of any condition and form required of materials to be collected. 3.10 Recycling Proceeds. No later than the 25th of each month, the Contractor shall pay to the City one hundred percent (100%) of all funds or proceeds obtained from the sale of recyclable materials collected by the Contractor in the City. Such payment shall be accompanied by a detailed statement indicating the weights and values of the recycled materials sold. 3.11 Reports. In addition to the monthly reports required above, the Contractor shall be required to file quarterly and annual reports with the City. Monthly and quarterly reports shall include the following information: Tonnage marketed, by materials Participation rates by neighborhood - Discussion of problems and successful experiences in program operations Annual reports shall include the following information: Summary of participation rates and recovered material amounts slake\ref usel.con(42292) 7- Summary of public awareness activities and their impact on participation and recovered tons Summary of successes and problems and measures taken to resolve problems SECTION 4 SPECIAL PROVISIONS 4.1 Nonexclusive Rights. The Contractor shall be free to engage in work as a private scavenger or hauler and to charge the public for services other than as provided in this contract. Such scavenging or hauling by individuals on a non fee basis shall be permitted. 4.2 Spillage. The Contractor shall not be responsible for scattered refuse unless the same has been caused by his acts or those of any of its employees, in which case all scattered refuse shall be picked up immediately by the Contractor. A fork, push broom and a scoop type shovel shall be maintained on each truck for clean up activity. Contractor will not be required to clean up or collect loose refuse or spillage not caused by the acts of its employees, but may report the location of such conditions to the City Manager so that proper notice can be given to the customer at the premises to properly contain such refuse. Commercial refuse spillage or excess refuse shall be picked up by Contractor after the customer reloads the containers. In the case of commercial - customers, Contractor shall then be entitled to an extra collection charge for each reloading of a commercial container requiring an extra collection. Should such commercial spillage continue to occur, City shall require the commercial customer and Contractor to increase the frequency of collection of the commercial customer's refuse or require the customer to utilize a commercial container with a larger capacity, and Contractor shall be compensated for such additional services. 4.3 Vicious Animals. Employees of the Contractor shall not be required to expose themselves to the dangers of vicious animals in order to accomplish refuse or recyclable materials collection in any case where the owner or tenants have animals at large, but the Contractor shall immediately notify the City, in writing, of such condition and of his inability to make collection. 4.4 City Facilities. The Contractor shall make no extra charge for collection and disposal of waste at city owned, operated or other city designated sites, including city parks, so long as the same can be collected on a regular collection route of the Contractor. 4.5 Hazardous Waste. It is specifically understood and agreed that the collection and disposal of hazardous waste by the Contractor is not authorized or governed by this contract and that the disposal of hazardous waste by the Contractor shall be in compliance with all federal, state and local laws and regulations. slake\refusel.con(42292) -8- 1 14 + /,41 SECTION 5 CONTRACTOR'S OPERATIONS 5.1 Hours of Operation. Collection of residential refuse or recyclable materials shall not start before 7:00 a.m. or continue after 6:00 p.m. on the same day. Exceptions to collection hours shall be effected only with the approval, in writing, of the City Manager. 5.2 Routes of Collection. Residential collection routes shall be established according to current City Routes. The Contractor shall submit a map designating the collection routes and proposed days of collection to the City for its approval. Contractor shall submit any change in the residential collection routes to the City Manager for approval. The Contractor may propose to the City changes in routes or days of collection. Upon the City Manager's approval of the proposed changes, the Contractor shall promptly give written or published notice to the affected residential units. 5.3 Holidays. The following shall be holidays for purposes of this contract: Thanksgiving Day Christmas Day New. Years Day Independence Day Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection services for the holiday, but such decision in no manner relieves the Contractor of its obligation to provide refuse and recyclable materials collection service at residential units at least once per week. 5.4 Complaints and Non -Performance. Service complaints shall be handled in the following order: 5.4.1 Service Complaints - Contractor. All service complaints shall initially be directed to the Contractor and shall be resolved by the end of the next business day. The Contractor shall supply copies of all complaints on a form approved by the City indicating the disposition of each complaint. The form shall indicate the day and hour on which the complaint was received and resolved. 5.4.2 Service Complaints - City. The City shall notify the Contractor of each complaint reported to the City. It shall be the duty of the Contractor to take whatever steps necessary to remedy the cause of the complaint and notify the City of its disposition by the end of the next business day. The City shall provide a list of complaints to the Contractor by phone not later than 4:30 p.m. each day. 5.4.3 Damage - Private Property. The Contractor shall provide the City with a full explanation of the disposition of any complaint involving a customer's claim of damage to private property slake\refusel.con(42292) 9' resulting from actions of Contractor's employees, agents, or sub- contractors. 5.4.4 Complaint Procedures. The Contractor shall provide the City with information regarding complaint procedures, rules and regulations, and day(s) of collection, etc. Information is to be in the form of printed material distributed by the Contractor. 5.5 Equipment. The Contractor shall provide equipment which meets or exceeds the following: 5.5.1 Type. The Contractor shall use only vehicles with bodies which are water tight to a depth of not less than eighteen (18) inches, with solid sides, using pneumatic tires. All equipment utilized by the Contractor shall be kept in good repair, appearance, and in a sanitary condition at all times. 5.5.2 Amount. The Contractor shall provide sufficient equipment in a proper operating condition so regular schedules and routes of collection can be maintained. 5.5.3 Condition. Equipment is to be maintained in a clean and safe working condition and shall be painted uniformly. No advertising shall be permitted on vehicles. Vehicles must have contractors name and phone numbers in letters and numbers legible from 150 feet. The City shall have the right to inspect all equipment and may require the Contractor not to use a piece of equipment for good and reasonable cause. 5.5.4 Protection from Scattering. Each vehicle shall be equipped with a cover, which may be net with mesh not greater than one and one-half (1 1/2) inches, or tarpaulin, or fully enclosed metal top to prevent leakage, blowing or scattering of refuse onto public or private property. Such cover shall be kept in good order and used to cover the load going to and from the landfill, and during loading operations, or when parked if contents are likely to be scattered. Vehicles shall not be overloaded so as to scatter refuse; however, if refuse is scattered from Contractor's vehicle for any reason, it shall be picked up immediately. Each vehicle shall be equipped with a fork, broom and shovel for this purpose. 5.5.5 Miscellaneous. Vehicles are to be washed on the inside and sanitized with a suitable disinfectant and deodorant once a month. Also, they shall be washed and painted or repainted as often as necessary to keep them in a neat and sanitary condition. The Contractor's vehicles are not to interfere unduly with vehicular or pedestrian traffic, and vehicles are not to be left standing on streets unattended except as made necessary by loading operations. 5.6 Office. Contractor agrees, at'its own expense, to keep an office open in the mid -cities area and provide a telephone answering service from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays, for the purpose of handling slake\refusel.con(42292) -10- complaints and other calls regarding refuse collection service. The Contractor shall keep competent personnel in the office during the time the office is required to be open to the public and the office personnel shall have authority to represent the Contractor in its relations with the City and the public. The Contractor shall also provide the City a telephone number by which the Contractor can be contacted for after hours emergencies. The Contractor shall keep and maintain in the office a daily log of all the service calls which shall show the nature of the call, complaint or communication. The City shall have the right to inspect the daily log at any reasonable time. Throughout the term of this Contract, Contractor shall establish and maintain an authorized Managing Agent and shall designate in writing to the City Manager the name, telephone number, and address of such agent to whom all notices may be served by the City or complaints received from citizens of the City. Service upon the Contractor's agent shall always constitute service upon the Contractor. Contractor agrees to secure an annual listing in the Fort Worth telephone directory under the name by which it conducts business in the community. 5.7 Disposal of Refuse. It shall be the responsibility of the Contractor to dispose of the refuse he collects according to City, County, State, and Federal regulations at his own expense. 5.8 Hazardous Weather. The City may cancel a portion of or all of a scheduled service day due to hazardous weather condition[. 5.9 Records. The City shall have the right to review the books and records kept incident to the operation of Contractor's business within the City. All information so obtained shall be confidential and shall not be released by the City unless expressly authorized in writing by the Contractor. SECTION 6 CONTRACTOR'S RELATION TO CITY 6.1 Contractor as Independent Contractor. It is expressly agreed and understood that the Contractor is in all respects an independent Contractor as to the work, licenses, or privileges granted herein, notwithstanding the Contractor is bound to follow the direction of designated City officials, and that the Contractor is in no respect an officer, agent, servant or employee of the City. This contract specifies the work to be done. by the Contractor, but the method to be employed to accomplish this work shall be the responsibility of the Contractor, unless otherwise provided in this contract. It is further expressly understood and agreed that the City has no control over or right to control the collection, transportation or disposal of solid waste by the Contractor or where or how such solid waste is disposed of. It is further understood and agreed that Contractor shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees; that the doctrine of respondeat superior shall not apply as between City and Contractor; and that nothing herein shall be slake\refusel.con(42292) -11- construed as creating a partnership or joint enterprise between City and Contractor. 6.2 Sublettincq Contract. This contract, or any portion thereof, shall not be sublet or assigned except with the prior written consent of the City Council, which consent will not be unreasonably withheld. No such consent will be construed as making the City a party of or to such subcontract, or subjecting the City to liability of any kind to any subcontractor. No subletting or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such subletting, the City shall deal through the Contractor. Subcontractors will be dealt with as workers and representatives of the Contractor, and as such shall be subject to the same requirements as to character and competence as are other employees of the Contractor. 6.3 City Manager to be Referee. To prevent misunderstanding and litigation, the City Manager shall decide any and all questions which may arise concerning the quality and acceptability of the work and services performed, the sufficiency of performance, the interpretation of the contract provisions, and the acceptable fulfillment of the contract on the part of the Contractor; and the City Manager will determine whether or not the amount, quantity, character and quality of the work performed is satisfactory. The City Manager shall make such explanation as may be necessary to complete, explain, or make definite the provisions of this contract and the findings and conclusions shall be final and binding on both parties. If at any time during the life of this Contract, performance of the Contractor does not meet the standards of the Contract, the Contractor, upon notification by the City, shall increase the forces, tools, or equipment as needed to properly perform the Contract. The failure of the City to give such notification shall not relieve the Contractor of the obligation to perform the work at the time and in the manner specified by this Contract. Contractor and City agree that the City Manager will be the final authority for the approval of charges for any service not contemplated by this Contract and for the disposition of any dispute regarding performance between the City, Contractor, and any customer. 6.4 Inspection of Work. The Contractor shall furnish the City Manager or his authorized representative with every reasonable opportunity for ascertaining whether or not the work as performed is in accordance with the requirements of this contract. The City Manager may appoint qualified persons to inspect the Contractor's operation and equipment at any reasonable time, and the Contractor shall allow authorized representatives of the City to make such inspections. 6.5 Liaison. The Contractor shall designate, in writing, the person to serve as agent and liaison between his organization and the City. stake\refuset.con(42292) -12- 6.6 Taxes. The Contractor shall pay all Federal, State and local taxes including sales tax, social security, worker's compensation, unemployment insurance, ad valorem, and other required taxes which may be chargeable against labor, material, equipment, real estate and other items necessary to and in performance of this contract. 6.7 City Not Liable for Delays. It is expressly understood and agreed that in no event shall the City be liable or responsible to the Contractor or to any other person for any stoppage or delay in the work herein provided for, by injunction or other legal or equitable proceedings brought against the Contractor, or from or on account of any delay from any cause over which the City has no control. 6.8 Licenses, Permits, and Fees. Contractor agrees to obtain and pay for all licenses, permits, certificates, inspections, and other fees required by law or otherwise necessary to perform the services prescribed hereunder. Contractor shall also pay, at his own expense, all disposal fees associated with the collection, removal, and disposal of refuse. 6.9 Term of Contract. The term of this contract shall be for a period of five (5) years beginning May 1, 1992 and ending April 30, 1997. 6.10 Renewal. This contract may be renewed under the same terms and conditions for an additional five (5) year period as provided herein. No later than one hundred and twenty (120) days prior to the termination date, Contractor shall notify City of its election to terminate this Agreement or conversely, its election to renew this Agreement for another five (5) year period. Should Contractor elect to terminate, then this Agreement shall terminate and end on the termination date. In the event that Contractor fails to provide the City with any notice of renewal or termination no later than one hundred and twenty (120) days from the end of the term, then in such instance, such failure of notice shall be construed and understood as an election by the Contractor to renew the contract for an additional five (5) year period. Should the Contractor either elect or be deemed to have elected to renew this contract, the City shall then notify the Contractor no less than ninety (90) days from the end of the contract term of the City's election to terminate this contract. Should the City elect to terminate, then this contract shall terminate and end on the termination date. Should the City elect to renew the contract, then this contract shall be renewed for a period of five (5) years beginning on May 1, 1997. Should the City fail to so notify Contractor of its intentions no less than said ninety (90) days from the end of the contract term, then this contract shall continue on a month to month basis under the same terms and conditions until renewed or terminated by formal action of the Council. All notices shall be in writing and sent by certified mail, return receipt requested, to the parties at the addresses provided in Section 11.6 hereof. slake\refusel.con(42292) -13///,g —/� - 6.11 Breach of Contract. It shall be the duty of the City Manager and any officials of the City which he may designate to observe closely the refuse collection, disposal, recycling and salvage operations and if, in the opinion of the City Manager there has been a breach of contract, the City shall notify the Contractor, in writing, specifying the manner in which there has been a breach of contract. If within a period of seven (7) days, the Contractor has not eliminated the conditions considered to be a breach of contract, the City Manager shall so notify the City Council and a hearing shall be set for a date within twenty (20) days of such notice. At that time, the City Council shall hear the Contractor and the city representatives and make a determination as to whether or not there has been a breach of contract, and direct what further action shall be taken by the City, or the Contractor, as hereinafter provided. 6.12 Cancellation or Annulment of Contract. If the Contractor fails to begin work at the time specified, or fails to perform the work with sufficient number of workers and sufficient and adequate equipment to insure the proper and substantial performance of said refuse and recyclable materials collection work, or performs unsuitable work, or discontinues the prosecution of the work or any portion thereof, or for any other cause whatsoever, excepting only Acts of God, does not carry on the work as aforesaid or otherwise defaults under any other terms, conditions or obligations of this contract, or if the Contractor becomes insolvent or declares bankruptcy or commits any act of bankruptcy or insolvency, or allows any final judgment for the payment of money to stand against him unsatisfied, and if the City through its City Manager gives notice of such default, and the Contractor fails to rectify such default within seven (7) days after the giving of such notice by the City, then the City may thereupon by action of the City Council declare the contract cancelled. Such cancellation of the contract shall not relieve the Contractor of liability for failure to faithfully perform this contract, and in case the expense incurred by services provided for in said contract shall exceed the sum which would have been payable under the contract, then Contractor shall be liable to the City in the amount of any such expense in excess of the per unit contract price. If the City should cancel or annul this contract under the foregoing provisions, then the City may, at its option, purchase all trucks, machinery, equipment and tools used regularly by the Contractor in the performance of this contract and shall pay the Contractor the appraised value thereof as of the time of such revocation and cancellation. Such appraised value shall be determined by a board of three (3) appraisers as follows: one appraiser shall be named by the Contractor, one appraiser shall be named by the City, and the two appraisers so named together shall name a disinterested person as the third appraiser. Such Board of Appraisers shall within thirty (30) days after their appointment, appraise such property and make a sworn statement showing their findings as to its value, furnishing a copy of such statement to the City and another copy to the Contractor. slakeVefusel.con(42292) -14 6.13 Nondiscrimination Clause. The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion or national origin. SECTION 7 QUALITY OF SERVICE 7.1 Character of Workers and Equipment. The direction and supervision of refuse collection and disposal, recyclable materials collection and disposal and salvage operations shall be by competent, qualified and sober personnel, and the Contractor shall devote sufficient personnel, time and attention to the direction of the operation to assure performance satisfactory to the City. All subcontractors, superintendents, foremen and workers employed by the Contractor shall be careful and competent. Any employee of the Contractor who misconducts himself or is incompetent or negligent in the due and proper performance of his duty, or is disorderly, dishonest, drunk or grossly discourteous, shall be scheduled for a joint hearing upon receipt by the Contractor of a written request from the City Manager. The City shall specify reasons for the request. If warranted by the City Manager, such employee shall not be assigned by the Contractor to the City. 7.2 Cooperation of Contractor Required. The Contractor shall cooperate with authorized personnel and representatives of the City in every reasonable way in order to facilitate the progress of the work contemplated under this contract. Contractor shall have at all times a competent and reliable representative available authorized to receive orders and act on behalf of Contractor. 7.2.1 Contractors Employees. The Contractor shall assure that Contractor's employees serve the public in a courteous, helpful and impartial manner. 7.2.2 Handling of Private Property - Contractor's Employees. Contractor's employees collecting refuse or recyclable materials will be required to follow the regular walk for pedestrians while on private property. Care shall be taken to prevent damage to property including shrubs, flowers and other plants. SECTION 8 WORKING CONDITIONS 8.1 Employee Protection. The Contractor shall comply with all applicable State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees, or hereafter in effect. 8.2 Employees Salary - Contractor. The Contractor is required and hereby agrees by acceptance of this contract to pay all employees not less than Federal minimum wage and to abide by other requirements as established by the Fair Labor Standards Act, if applicable. slake\refusel.con(42292) -15- 8.3 Compliance with Laws and Regulations. The Contractor hereby agrees to abide with all applicable Federal, State, County and City laws and regulations applicable to the collection, transportation or disposal of solid waste or the operations of Contractor under this contract. Any operations or activities of Contractor which are not in strict compliance with EPA guidelines are outside the terms of this contract and shall be considered to be a breach of this contract. The Contractor shall indemnify and save harmless the City, all of its officers, representatives, agents and employees against any claim or liability arising from or based on the violation of any such laws, regulations, ordinances, orders or decrees, whether by Contractor, its officers, agents, servants, employees, licensees, invitees, or subcontractors. SECTION 9 INSURANCE AND INDEMNIFICATION 9.1 Minimum Insurance Coverage. The Contractor at its own expense shall purchase, maintain and keep in force insurance as will protect him from claims, whether these claims arise as a result of the operations of Contractor, any subcontractor or by anyone for whose acts the Contractor may be liable. Minimum coverage shall be established as of commencement date for this contract in the following amounts: Coverages Worker's Compensation Employer's Liability Bodily Injury Liability Except Automobile Automobile Bodily Injury Liability Automobile Property Damage Liability Property Damage Liability Except Automobile Limits of Liability Statutory $100,000 $500,000 each occurrence $1,000,000 aggregate $500,000 each person $500,000 each occurrence $500,000 each occurrence $500,000 aggregate Excess Umbrella Liability $2,000,000 each occurrence Further, any insurance coverages which are required by statute which are not expressly stated herein shall be maintained in accordance with statutory requirements. 9.2 Certificate of Insurance. Before commencing any of the work under this contract, Contractor shall file with the City valid Certificates of Insurance acceptable to the City. Such certificates shall contain a provision that states coverages slake\refuset.con(42292) -16-11"q -d"?- afforded under the policies will not be cancelled until at least thirty (30) days prior written notice has been given to the City. The Contractor shall also file with the City valid Certificates of Insurance covering all subcontractors. In the event the Contractor is self -insured under the Texas Workers' Compensation Act, the Contractor shall file with the City a valid Certificate of Authority to Self Insure issued by the Texas Workers' Compensation Commission and proof of compliance with all security requirements provided by the Act. The failure by Contractor to keep in full force and effect any insurance required by this contract shall be deemed a breach of this contract. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of Contractor under the terms of this Contract. Contractor shall procure and maintain, at its sole cost and expense, any additional kinds and amounts of insurance that in its own judgment may be necessary for proper protection in. the prosecution of its work. 9.3 Indemnification. Contractor assumes all liability and responsibility for and hereby covenants and agrees to fully indemnify, hold harmless, and defend City, its officers, agents, servants, and employees, from and against any and all claims, demands, suits, judgments, assessments, costs, and expenses (including attorneys' fees) for property damage or loss and/or personal injury, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with the performance, attempted performance, or non-performance of the work and services described hereunder or in any way resulting from or arising out of the collection, transportation, and disposal of solid waste or refuse under this contract, including the work, services, operations, and legal duties of Contractor, its officers, agents, servants, employees, subcontractors, licensees, or invitees, if any. Contractor shall likewise assume all responsibility and liability for and shall indemnify and hold harmless the City for any and all injury or damage to City property arising out of or in connection with any and all acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, licensees, or invitees, including attorneys' fees expended by City in any suit or claim against Contractor for same. SECTION 10 FEES 10.1 Charcfes. The Contractor is authorized to collect the various kinds of refuse and commodities as defined herein and charge for such service a Monthly Customer Service Charge and such other rates set forth on Exhibit A attached hereto and incorporated herein for all purposes. The rates will be binding and considered a part of this contract. 10.2 Percentage Fee. The Contractor shall pay to City ten percent (10%) of the gross collections from all residential refuse and slake\refuset.con(42292) -171111-2 - recycling collections and two percent (2%) of the gross collections from all commercial refuse collection performed within the City, including regular collections and collections from extra hauls. 10.3 Billing & Collection. The City will serve as billing and collection agent for residential billings. Commercial billings will be done by the Contractor. 10.4 Payment to the City. The Contractor will pay the commercial percentage fee to the City on or about the 15th of each month. 10.5 Payment to Contractor. The City will pay the Contractor his portion of the monies billed for residential collection, less the retainage on or about the 15th of each month. 10.6 Reports of Operations. The City shall submit to the Contractor a written report showing the number of complaints received during the preceding calendar month, a list of parties billed for collection, and the amounts billed by the 15th of each month. 10.7 Modification of Rates. At any time after the first year of this contract, the Contractor may, at its option, submit a request in writing for an adjustment in the established consideration for refuse or recyclable materials collection and disposal service. The Contractor shall furnish evidence as to the need for such adjustment, and the City Council, upon investigation and consideration of the circumstances surrounding the request, may approve or disapprove such request, having due regard for such other factors as the City may deem relevant. The Contractor shall, upon request of the City timely made, furnish all data to it bearing on the requested adjustment in consideration. Nothing contained herein shall restrict in any way the City's full exercise of discretion in setting charges for refuse collection and disposal services to any premises in the corporate limits of the City of Southlake. SECTION 11 WORKING POLICIES 11.1 Commencement of Work. The Contractor must commence operations on the date and year agreed by the City. 11.2 Assignment of Contract and Disposal of Property. The Contractor shall not assign this contract without the consent of the City, nor dispose of equipment used in the refuse and recycling collection and disposal operations without immediately substituting additional property. 11.3 Operations During Dispute. In the event the City Council shall find that the Contractor has failed, or is failing to perform obligations under this contract, it shall be the duty of the City Council to enter into a formal finding of that fact upon the minutes and send a certified copy of such finding by registered or certified mail to the Contractor, or have same delivered to the slake\refusel .con(42292) -18- //,9.a�/ Contractor personally. In such event, the Contractor agrees that the City shall thereupon be entitled to take over all operations under this contract, and the Contractor shall cooperate to the extent necessary to enable the City to do so. The Contractor expressly recognizes the paramount right and duty of the City to provide adequate refuse and trash collections as necessary governmental functions, and further agrees, in consideration for the execution of this contract, that in the event the City shall invoke the provisions of this section the Contractor will not seek injunctive relief in any court but will either negotiate with the City for an adjustment on the matters in dispute, or present the matter to a court of competent jurisdiction in an appropriate suit therefore instituted by the Contractor or by the City. 11.4 City Ordinances. Nothing contained in any ordinance of the City now in effect or hereafter adopted pertaining to the collection of refuse may in any way be construed to affect, change, modify, or otherwise alter the duties, responsibilities and operation of the Contractor in the performance of the terms of this contract. It is the intention hereof that the Contractor be required to perform strictly the terms of this contract regardless of the effect or interpretation of any municipal ordinances which in any way relate to refuse. _ 11.5 Amendments. Amendments which are consistent with the purposes of this contract may be made with the mutual consent of the parties and in accordance with the City Charter and other applicable laws and ordinances. 11.6 Notices. All notices required to be sent pursuant to this contract shall be by U.S. Mail, Certified Return Receipt Requested, to the following individuals at the address noted: If to City: City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Attention: City Manager If to Contractor: Lakeside Sanitation, Inc. 3355 Raider Drive Hurst, Texas 76053 Attention: J. R. Hubbard 11.7 Venue. Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this contract, venue for said action shall be in Tarrant County, Texas. stakeVefusel.con(42292) -19- /,�-ate 11.8 Governmental Powers. It is understood and agreed that by execution of this Contract, City does not waive or surrender any of its governmental powers. EXECUTED this A7— day of Tarra&+tjQQWnty, Texas. ` A Ir 5 , ". ATTE MAn a na++�`" U City Secretary 19 / -2- , in CITY OF SOUTHLAKE By: rK�y -' CVftiawk, City Mana ger LAKESIDE SANITATION, INC. BY: &�C— mm-4� Curtis McCaff' , P sident ATTEST: Corporate Secretary slake\refuset.con(42292) "20' Z001a ff©00ffff© LA QL AW WAVM $VWM" LMGLAW WASH 3Y$TEW LTD.. 3221 North Somiu F1044 P.Q. 80 SM OWSnp M 0"hwi0 LTA VS Td (MM =41S1 Fat (o06).X siw November 1Z 1996 BY COURIER V.M. Crow & Sons, Inc. and Sanifa Inc. 6019 Crawford Road Houston,. Texas 77041 Attention: Landfill Manager Ret Exercise of Option to Ptuthase V.IVL Crow & Sons. Inc. (the "Company"l Dear Sirs: Laidlaw Waste Systems, Inc. hereby gives notice to Sanifill, Inc. and the Company of Laidlaw's election to exercise its option to purchase all of. the issued and outstanding shares in the capital- stock of the Company pursuant to that certain Option Agreement made .July 30, 1993 among Sanifill, Inc., the - Company and Laidlaw Waste Systems, Inc. We. would like to meet with you at your earliest convenience to confirm the purchase price in accordance with the provisions of Section 5 of the Option Agreement. Laidlaw Waste Systems shall proceed to prepare the Share Purchase and Sale Agreement as envisaged by the Option Agreemennt and Exhibit B thereto. Laidlaw looks forward to working with and receiving the cooperation of Sau ill,, Inc. and the Company in completing the Purchase • and Sale envisaged rVd MOT MU 90/91/T1 ///, � -,-� s by the Option Agreement Yours truly, By: YAnneth L Lyons President aG V.M. Crow & Sons, Inc. aired SaniffiL Inc. 1225 North Loop West Suite 550 Houston, Texas 77008 Attention Secretary coot , If 4 IM OVOT 3U 18/ZT/TT D.J. & L.A. MITCHELL V. 6818, P. 1094 D.R.,T.CO.,TX. SF -IA LUD - MED. DENSITY RESIDENTIAL GAS S 88'46'55" E 1L2" I.R.F. 104.45' 8' SCREENING FENCE I I 12 I 0 I w / cp 0 0)0 �I Cr I ON rl Z cr I 2 LI �I ml of �l f I :I • I 18 OAK I 12 0 ONE-STORY OFFICE BUILDING 9,800 S.F. • CEDA • CED • CE AR a: 00• 0 x x x X x X THE FECHTEL GROUP V. 9811, P. 1241 x D.R.,T.CO.,TX. • 08 OAK 6 OAK* •10 OAK 6 OAK •10 OAK 24 OAK• 4 I I :U C3 e I 10 OAK• •10 OAK OAK • 2 OAK �J I .... . �z:7e'.... Il�.o •12 OAK -- — -- — -- — -- -- — 70� — —�— -- --i LUD —MIXED USE - - -- x ......... -- -- -- - - 40' B.L. - -- - 24 1 OAK 6 !-OAK P • 24 Oak 1 N; 20' BUFFER YARD 'M' 98 OAK MTR L_ ------------------------------ -------- ------ ----- a: TELE RISER D 3Q..... MON MON 101 18' TREE COVER (TYPICAL) 20 OAK 20' BUFFER _YARD _F1' • 14 OAK - - 20 OAK9 T 10 OAK • 8 OAK • 20 OAK • 24 OAK • • 20 OAK • 10 OAK 18 CEDAR• • 8 OAK • 12 OAK • 20 OAK • 36 OAK • 8 OAK 20' X 30' J.P. & G.H. STRUNCK V. 6365, P. 206 D.R.,T.CO.,TX. AG LUD — MED. DENSITY RESIDENTIAL S 89'54'44" E 444.04' 4 R • CEDA r•36 OAK LOADING ZONE - — 12 OAK* OAK* 30 OAK 8 OAK •AK 9 2 5 a OAK Sau • 8 OAK• CU p 12 OAK ^ Cu U N N m • • 36 OAK 1 TREE COVER 8 OAK ONE-STORY (TYPICAL).. OFFICE BUILDING ao.o 9 o/__ 16,727 S.F. -- • 12 OAK • 8 OAK 35.0 : �/ •� o I( • 8 OAK • 8 OAK 8 OAK 8 OAK •36 OAK •18 OAK 40.0 2 OAK �Ua '0 a ON � o a Iw TREE COVER J D (TYPICAL) a 8' SCREENING FENCE 1/2" IJ 71.2' I I I I I I NO PAWMG I I I I "I' :I n:l I I I I :I I I I W I 74:35' I I O1 p I >- I I w ILL ml I a � 14 � i • • • CEDAR 6) I I � D D w 0� _ Da O _ 0� U PP � o: . � Z J U OD 3 LLI CIE: In O J O U FO N 00 ND J Cn a :D :D X w U FL UL --- 121.51 E-----E----� -E -E E-- E ^ E - —E - —E MON. 7 RET CL SIGN PP N 89'05'27" W S 89'18 28" W PP : ... SIGN COR IN SIG CONT BOX C WCR -- - c.............................................................. ...541 CL..DRIVE. TO CL. CARROLL TC..R... ET (j — = 01'36'05" P O B. POLE R = 11,524.16' D L = 322.09 _ L.C. = N 89'S3'29" W W.W. HALL SURVEY A-695 RICHARD EADS SURVEY A-481 -T SOUTHLAKE BLVD. (F.M. 1'709) - - - - - - - - - - - - - - - - o r� oo o c$� 101.18' —� - --r�. 0 o c� o 0 0 0 �� o 0 0 � c� M -- O.W. KNIGHT SURVEY A-899 I.R.F. 0---- E PP Owner/Developer: M -H NA (ZmROUP, INC. SUITE 234 100 W. SOUTHLAKE BLVD., #320 SOUTHLAKE, TEXAS 76092 817- 329-6996 Engineers/Planners: .J. E. LEN/1TT ENGINEERS, INC. ENGINEERS - PLANNERS 726 COMMERCE STREET SUITE 104 SOUTHLAKE, TEXAS 76092 (817) 488-3313 Surveyors: Al_AN WARC) SURVE-YING CO. P.O. BOX 821327 FORT WORTH, TEXAS 76182 OFFICE: 817-834-0897 FAX: 817-834-0940 i___ __ — — T_ TIMARRON LAND CORP. I ANITA PRADE V. XXXX, P. XXX V. XXXX, P. XXX D.R.,T.CO.,TX. D.R.,T.CO.,TX. AG AG LUD — MED. DENSITY RESIDENTIAL LUD — MED. DENSITY RESIDENTIAL GENERAL NOTES 1. TOTAL BLDG. AREA = 26,527 S.F. 2. REQUIRED PARKING = 98 SPACES 3. PROPOSED PARKING = 120 SPACES 4. 01 DEVIATIONS ------------- NONE 7 LVA F— ____ ____ do o w A Lj a J O CRESTWOOD OFFICE PARK SOUTHLAKE BLVD. w LOCATION MAP PROPERTY DESCRIPTION z 0 F_ a U N w 0 BEING all of that certain lot, tract or parcel of land situated in the W.W. HALL SURVEY, A-695, City of Southlake, Tarrant County, Texas, and being a part of that some tract of land described in deed to CFNVESTS Southlake Joint Venture, recorded in Volume 8564, Page 285 of the Deed Records of Tarrant County, Texas, and said parcel being more particularly described as follows: BEGINNING at a monument found for corner at the present intersection of the west R.O.W. line of N. Carroll Avenue (a variable width R.O.W.) with the north R.O.W. line of Southlake Boulevard (F.M. 1709-a 130' R.O.W.); THENCE N 89' 05' 27" W, 101.18' along the north line of Southlake Boulevard to a monument found for corner at the beginning of a curve to the left having a central angle of 01' 36' 05" and a radius of 1 1 ,524.1 6'; THENCE around said curve and along the north line of Southlake Boulevard, a distance of 322.09' to a monument found for corner; THENCE S 89' 18' 28" W, 121.51' along the north line of Southlake Boulevard to a 3/4" iron rod set at the southernmost southeast corner of that same tract of land described in deed to D.J. & L.A. Mitchell, recorded in Volume 6818, Page 1094 of the Deed Records of Tarrant County, Texas; THENCE N 00' 10' 06" E, 283.16' along the east line of said Mitchell property to a 1 /2" iron rod found for corner; THENCE S 88' 46' 55" E, 104.45' along the Mitchell property line to a 1 /2" iron rod found at the southwest corner of that some tract of land described in deed to J.P. & G.H. Strunck, recorded in Volume 6365, Page 206 of the Deed Records of Tarrant County, Texas; THENCE S 89' 54' 44" E, 444.04' along the south line of said Strunck property to a 1 /2" iron rod found for corner in west line of N. Carroll Avenue; THENCE S 00' 55' 36" W, 281.05' along the west line of N. Carroll Avenue to the place of beginning and containing 152,823.68 square feet or 3.5083 acres of land. Original Scale : 1 " = 40' 0 20 40 80 Graphic Scale in Feet CONCEPT PLAN CRESTWOOD OFFICE PARK AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS W.W. HALL SURVEY ABSTRACT NO. 695 PRESENT ZONING - AG LUD - MED. DENSITY EXISTING USE - VACANT PROPOSED ZONING - S-P-2 WITH 01 USES 3.508 ACRES rjCD NOV 111996 11 NOVEMBER ` 1996 ,WD-CP6.DWG I CASE NO. ZA96-122 3 SOCCER PRACTICE FIELDS 1111111/111111111t11111/111��11111111111/ .... 1111111111 111111111111i 11-1jo u limu rt u r `1t\ 1111111_ RESIDENTIAL EN set —'�tt11111■� — — �� f�iit� + ` �iseem � t� it111�1 ,/1111 771 11t11 ,J11111 1t1N11)JKt 111�1m1.i.M7b7111N r111111111 1 111111■1'1 r - _ _-- - - A1 E k T�)WE Q 64-8 665 J �..JJ dbu - ,� O All E ARKING IOT RAII fill[ J J J :j 77 649 _ } bb(1_ _ = S , — >� F TURF ,� -� 1 `� ' � 644 `_ 9AL FIELDS • r - IIK ir 4 1 BAIL FIElf1 ' ,,� BAEI FI BAIT FIEII) 655 50 649LADDITION^MAINTENANPARKINGtem" 00 1 t - + ' L11111111111/1 w1■t/1/r11111■It1111111/111■t1►t 11 ■1■� )ND I .. , HAIL FIEIi? 'i + ��` � � � � •, , `` i � bib \ , ,. �•� .� .� 1 " 5 PIgYC,ROUN[� - B+At I f 10 I)S ' ll , 642 � SAND V(�IIEY BAII = COURTS \- —� � -t 177■n■■1/11fHffttt1t11f1iT71■7111111itYiltt7111? T - --- - bd - �► 4a_ -? _j - - �, FUTURE ACQUISITION: = Y I ` -- + - 1111111,Illlu 1L1111 t11T1'i 1%IIItti11111� ■1 ■11 1 eggs — - 11 — - (_ 1■ _ 11�... /►... t •t�.y 111�1 111111111t� c =ACQUISITIONQ I - s � ; • c t J1= , .i .,• � � it t I t T I T t t t -»111111 i• tl1• Sees spamommminew weM �� 11111111tt11/111111111111/111/111/1111■11//1■t■1/1■111111t TENNIS COURTS COMMERCIAL 1 - j th 4 1 ' bay b4�► T�' BIIX, COMMERCIAL/ RETAIL I50` LANDSCAPE �it)1$ BUFFER ____) 1r) 0 � Q DC w CL Z U Uj C .M. 1709 - NOR T H LIGHT OFFICE/COMMERCIAL III 100 300 SCALE 1 — 100 —0 I , J.P. A G.H. STRUNCK V. 6365. P. 206 D.R..T.CO.,TX. AG 11i - MM. DENSITY F'ESDEfNT1AL D.J. k lit MITCHELL - V. 6818. P. 1094 D.R.,T.C.O.,TX. SF -IA S 88'46'35' E ........ ............. S 6954'u' E LtD - A®. DE NSRY RESIDENTIAL 1 LR.F. 1 4.45' ,-�...._.. ... . ...y 444.04' ........::..6• satEOaHc t7oKt Is �• u.. :; '• in 01 4 I' t i I t2 NDIMIgA : l fG. yam. •E �� J I I 1 i ( i161 � .. 20' 7t 37 W 4 •" o.• LMaIC Z01E ONE-STORY 9 x? p o ar a... r .N�: � We g oFTTce 19UX.ObtlG _ Ob y, ,_. w = 2 x a.r• •s aw :I z w _ E 7 a d- Q , 3f��at iI- n6, � TIKF COIBf a a.. ONE-STORY (trRC/Li.... OFFICE BUILDING .m-- 9 •,�. ._..........._.... 727 SF. " �' e • _ `.- ¢ L!"_,x fWea.... ...j.A.'.C.. ......... • wu tl i 1 > 1- 1 r fiLWFEo xME• 'M' iv 7}• ors__x_______-__________________r_______-_____ THE FECHTEL CROUP V 9811, P. 1241 D.R.,T.CO.,TX. 173 LID - Mi 115E 3. M,F ... x'.... Math. MON_ 161.18' - I A—121.51' E—' - E - t EN 89052YfW �rt OA s 89'18,28� w a suo(• ta'rTac sort sox r sot 1 caW r7 : tc Ii ,......... ................. _......................_.................. .......... ................................. ............... ..A1RNE..Tp.AL..GNtltO.LL............ _ .... __...................................... ...... ........... ..... O1 '36'OS', P_O.B4c rit R w 11.52 L 4.16 l w 32109 SOUTHLAKE BLVD. (F.M. 1709) 4 LC. - N B953.29' W — _ _ A W. MALL SURi A-M L Rl HLARC EADE S.FWEY A-4E. O.W. KNM.£-.T & R17=_'-' A-899 ---------- — —————— --------------- Dwaer/Developer: M -F- M GROUP, INC_ TIMARRON LAND CDRP. I VITA PRADE suirE 234 V. XX(x, P. KXX D.R. 7.00. 7X. V.*XXXX, P. XXX O.R.,T.CO..TX. 100 W. SOUTHLAKE 8Lw., N320 AG I AG SWTHLAKL TEXAS 7e092 1 - I DENSITY RESE)ENTl4L LLD - ME•D. DE WITY I SDE NTIAL 317-329-69% Engia4ters/Plal3aen: ,.J. E LEVITY BVeIN ER5m INC. ENGINEERS - PIANNERS +_1 �1 1 728 COMMERCE STREET SUITE 104 SOUTHLAKE, TEXAS 76092 (617) 465-3313 S—eyon: GENERAL NOTES ALLAN WART 8URVEYIN401 CO. -U-AL BLDG. AREA - 26,527 S.F. P.O. eoX 1121327 2 .rT_DUR D PARKING - 96 SPACES FORT WORTH, TEXAS 75192 OFFICE 617-634-0697 3.--t POSED PARKING = 120 SPACES FNL a17-e34-0940 4. u, OEYMTq/6---------- --IXRX -1 F a a 1 I ca> I M REC'D N 0 V 11 1996 LOCATION YAP PROPERTY DESCRIPTION BEING all of that certain let tract or parcel of land situated in the W.W. HALL SURVEY, A-695, City of Southake, Torrent County Texas, and being a port of that same tract of land described In deed to CFNVESTS Southlake Joint Venture, recorded In Volume 8564, Page 285 of the Deed Records of Tarrant County, Texas, and said parcel being more particularly described as follows: BEGINNING at a monument found far corner of the present intersection of the west R.O.W. line of N. Carroll Avenue (a wrtabb rkllh R.O.W.) with the north R.O.W. One of Southlake Boulevard (F.M. 1709-a 130' RO.W.); THENCE N 89' 05' 27" W. 101.18' olong the north line of Southlake Boulevard to a monument found for comer at the beginning of a curve to the left having a central angle of 01' 36' 05 and a radius of 11,524.16% THENCE around said curve and along the north Iro of SoutMoke Boulevard, a d tone of 32209' to a monument found for comer, THENCE S 89' 18' 28' W. 121.51' along the north line of Southlake Boukw0si ard to a 3/e iron red met at the sourmmosoutheast comer at that some tract of land described in deed to D.J. & LA_ Mitchell, recorded In Volume 6818, Page 1094 of the Deed Records of Tarrant County. 7exaa, THENCE N 00 10' 06' E. 283.16' along the east fine of said Mitchell Property to a 1/2' iron rod found for comer, THENCE S 887 46' 55' E. 104.45' along the Mitchell property One to a 1/2' ion rod found at the southwest comer of that some trod of land described in deed to J.P. @ C.H. Strunk, recorded in Volume 6365. Page 2D6 of this Deed Records of Tarrant County, Texas: THENCE S 89' 54' 44' E, 444.04, along the south line of acid Strunck property to a 1/7 iron rod found for comer in west line of N. Carroll Avenue; THENCE S 00' 55' NT W. 281.05' along the west line of N. Carroll Avenue to the pace of beginning and containing 152.823.68 square feet or 3.5083 ones of land. 191 OngnaP Scale : 1' - 40' e® baps![ Seale 4t Fset CONCEPT PLAN CRESTWOOD OFFICE PARK AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS W.W. HALL SURVEY ABSTRACT NO. 695 PRESENT ZONING - AG LUD - MED. DENSITY EXISTING USE - VACANT PROPOSED ZONING - S-P-2 WITH 01 USES 3.508 ACRES 29 OCTOBER 1996 I - - - -. .T_,-. r1I 1 A r'f T1A//l CAROL JEAN WILLIAMS VOL. 8516, PG. 595 ZONED C-3 L.U.D. = MIXED USE PARK ING/BUFFERYARDS/LANDSCAPE LANDSCAPE/PLANTING SUMMARY LOTS 1 ,2 & 5 NO DEVELOPMENT AT THIS TIME VILLAGE CENTER, PHASE II CAB. A, SLIDE 3095/6 LOT 3, BLOCK 2 LUD = MIXED USE RETAIL CENTER 4.686 ACRES PARKING REQUIRED: 188 SPACES (4 HC) PROVIDED: 194 SPACES (6 HC) OFF—STREET LOADING REQUIRED: 1 SPACE PROVIDED: 2 SPACES BUFFERYARDS WIDTH CANOPY ACCENT SHRUBS TYPE TREES TREES Required 5 ' -A 8 16 65 NORTH 786' Provided NONE Required EAST 307' Provided 10'-B 10'-B 6 6 9 9 31 31 Required 5'-A 8(16), 16 64 , SOUTH 784 Provided 5'-A 16 16 64 Required 5'-A 2(5) '0 5 19 WEST 237' Provided 1 0 ' -A 5 5 19 DOUBLE CANOPY TREES REQUIRED ALONG SOUTH AND WEST PROPERTY LINES TO LIMITS SHOWN LANDSCAPING REQUIRED: 18,200sf 2431 INTERIOR TO PRKG.) PROVIDED: 34,575sf �5268 INTERIOR TO PRKG. PLANTINGS (INTERIOR) CANOPY TREE ACCENT TREE SHRUB GROUND COVER REQUIRED/PROVIDED: 31 61 303 1820sf BUILDING: SINGLE STORY, 37'-2" TO CENTER OF ENTRY TOWER VILLAGE CENTER CAB. A, SLIDE 3095/6 ZONED C-3 SITE PLAN SITE DATA PHASE L.U.D. = MIXLU UJL VILLAGE CENTER, PHASE ONE LOT ONE, BLOCK ONE NOT A PART ZONED C-3 L.U.D. = MIXED USE SCALE: 1" = 40' p' 20' 40' 80, Scale 1"=40' SUMMARY EXISTING ZONING: C-3 PROPOSED ZONING: NO CHANGE LAND USE DESIGNATION RETAIL CENTER LOT AREA: 4.686 ACRES PERCENTAGE OF SITE COVERED: 18.4% AREA OF OPEN SPACE: 18.3% START CONSTRUCTION: FALL 96 FINISH CONSTRUCTION: SPRING 97 PROPOSED BUILDING AREA: 37,500 SQ FT NUMBER OF STORIES: ONE MAXIMUM BUILDING HEIGHT: 37'-2" TO CENTER OF ENTRY TOW'' PROPOSED FLOOR AREA: 37,300 SQ. FT. FLOOR AREA BY USE: SALES: 30,000 SO. FT. OFFICE/STORAGE: 3600 SQ. FT. VETSMART: 3700 SQ. FT. REQUIRED LOADING SPACES: 2 PROVIDED LOADING SPACES: 2 NOTES: 1. LIGHTS WILL CONFORM TO HEIGHT AND LUMINATION REQUIREMENTS AS SET FORTH BY THE CITY OF SOUTHLAKE. TYPICAL POLES ARE 37.5' BRONZE FINISH ON 30" CONCRETE BASE W/1000 WATT SHOEBOX FIXTURE. 2. ALL BUILDING MATERIALS WILL CONFORM TO REQUIRMENTS SET FORTH BY THE CITY OF SOUTHLAKE MEETING ORD. 480, SEC. 43.9.c.1.c. IT IS OUR INTENT TO MATCH THE MATERIALS AND COLOR SCHEME OF THE ADJACENT HOME DEPOT. -- E.I.F.S. — CREAM -- MODULAR FACE BRICK — BORAL R-121 W/ ROWLOCK TOP COARSE -- ROOF TILE — MCA ONE PIECE "S" MISSION NATURAL RED F-40 -- MOTAR COLOR — NATURAL GRAY -- TEXTURED SURFACE COATING — COLOR TO MATCH E.I.F.S. VILLAGE CENTER CAB. A, SLIDE 3049 ZONED C-3 L.U.D. = MIXED USE PHASE *CITY HALL '� 3d AL.MARTLL A "" SITE �rc,h (FIL 1709) SOUTHLAKE 000. VICINITY MAP VILLAGE CENTER, PHASE ONE LOT THREE, BLOCK ONE NOT A PART ZONED C-3 L.U.D. = MIXED USE ONE REVISED SITE PLAN LOT 3 BLOCK 2 VILLAGE CENTER PHASE II CITY: SOUTHLAKE COUNTY: TARRANT STATE: TEXAS DATE OF PREPARATION: 11 /10/96 DATE OF REVISION: 11 /20/96 OWNER PETSMART 10000 N. 31st Ave. SUITE C100 PHOENIX, ARIZONA 85051 . ARCHITECT. CASCO 2425 N. CENTRAL SUITE 110 RICH ARSON, TEXAS 75030 PHONE: (972) 669-2200 FAX: (972) 669-1141 CONTACT: GREG McGAHEY REC'DNOV 251996 CASE N 0 . ZA 9 6 -1 43 Lr�3 � LJ O 10877 WATSON ROAD ST. LOUIS, MO 63127 PROJECT MANAGERS W 0 W V) 0 z PROFESSIONAL OF RECORD: PHONE: 314-821-1100 Job No: 496503 Bid Sheet No: Date: Scale: Drawn: Checked: N s ARTICULATION LOT 3 BLOCK 2 VILLAGE CENTER PHASE 11 CITY: SOUTHLAKE COUNTY: TARRANT STATE. TEXAS DATE OF PREPARATION: REVISION: 11 /20/96 OWNER PETSMART 10000 N. 31 st Ave. SUITE C100 PHOENIX, ARIZONA 85051 ARCHITECT 11 /10/96 CASCO 2425 N. CENTRAL SUITE 110 RICHARSON, TEXAS 75080 PHONE: (972) 669-2200 FAX: (972) 669-1141 CONTACT: GREG McGAHEY A R T I PETSMART HORIZONTAL C U L A T I 0 N ARTICULATION C H A R T- VERTICAL ARTICULATION SIDE (SOUTH) PREDOMINATE MAX. WALL LENGTH WITHOUT ARTICULATION REQUIRED WALL HEIGHT 77 -11 PROVIDED = 25'-6u 64'- 9 COMPLIES YES REQUIRED 17 -10 PROVIDED COMPLIES " 17 -10 YES MIN. ARTICULATION OFFSET 2'— 7" 3'— 0" YES 3 —1 0" 3' - 2" NO MIN. ARTICULATION LENGTH 1 9' — 4" 31 ' — 3" YES 19' - 4" 2 3'- 7" YES G F E 55'-7" 63'-0" 64'-9" 31'-3" 245-10" SOUTH E L E V A T I O N 402--- NOT TO SCALE REC'D NOV 2 51996 CASE NO. ZA 96-143 (A CC Q Z WX O ~ � - Z W Q U W J W U V i p Q = OC Q i D >o I` 0 ' Z Job No: 496503 B'dSheet No: D. TOBER_10,_1996 Dat�� Scale: 1: 20 Drown: Bhp A4 Checked: xxx f LANDSCAPE BUFFER 10'-0", TYPE "F1" 8' WOOD STOCKADE FENCE ADJACENT PROPERTY HART INDUSTRIAL PARK LOT 2/ BLOCK A JIM MORSE MORSE CONSTRUCTION INC 1594 HART S OUTHLAE E, TEXAS 76092 ZONED: I--1 L.U.D.: MIXED USE 20 c7 N 89d 20'27" E ADJACENT PROPERTY OWNER, SANDRA MCKAY VOL. 7311 PG. 1754 ZONED: I-1 L.U.D.: MIXED USED 150.00', z m o� x " A � X CONCRETE z OR CONCRETT ASPHALT x OR ON ENTIRE c a ASPHALT STORAGE AREA � a -- RACK FOR SPRINHI..ER PIPES CONCRETE OR ASPHALT ON ENTIRE STORAGE AREA NO OUTSIDE STORAGE IS VISIBLE TO ANY ADJACENT PROPERTIES CONCRETE PAVING 8' WOOD GATE -- 25-0 -- { CONCRETE PAVING CONCRETE OR ASPHALT ON ENTIRE STORAGE AREA LANDSCAPE BUFFER 10' TYPE B j/ 221 X 1-41 X 7'H BRICK BINS CONCRETE OR ASPHALT ON ENTIRE STORAGE AREA 22'L X 14'T X 7'H STONE BINS NO OUTSIDE STORAGE IS VISIBLE TO ANY ADJACENT PROPERTIES CONCRETE OR ASPHALT ON ENTIRE STORAGE AREA -TRASH DUMPSTER SCREENED W / DE; PLANT MATE{ IAL MIN. HIEGHT 6' CONCRETE PAVING LOT 3/ BLOCK A GREAT OUTDOORS LANDSCAPE 3750 SQ. FT. ONE LEVEL 600 SQ. FT. IS OFFICE SPACE e GATED PAVING CONCRETE �• • •fir N 89d 20'46" E \ 150.01' �- LANDSCAPE BUFFER 10'-0" TYPE "B" 104'-0" HART STREET 60' R.O.W. ADJACENT PROPERTY HART INDUSTRIAL PARK LOT 3,4,5 / BLOCK B JOSEPH HART ' 246 ARBER DRIVE GUN BARRELL CITY, TEXAS 75147 ZONED: I-1 L.U.D.: MIXED USE -2 R27'-O" LANDSCAPE BUFFER 10'-0", TYPE "F1" 8' WOOD STOCKADE FE'.NCE ADJACENT PROPERTY LOT 4/ BLOCK A JOSEPH HART 246 ARBER DRIVE GUILT BARREI L CITY, TEXAS 75147 ZONED: I-1 L.U.D.: MIXED USE HART INDUSTRIAL PARK LOT 3 ' BLOCK A EXISTING ZONING: I-1 PROPOSED ZONING: I-1 EXISTING L.U.D.: MIXED USE PROPOSED L.U.D.: MIXED USE NO EXIST'G TREE COVER NO EXISTING DRIVEWAY EAST OF PROPERTY. THE :MINIMUM SPACING BETWEEN DRIVEWAY CENTERLINES MUST BE 100'. CURB RADDI CANNOT EXTEND BEYOND THE SIDE LOT LINES. DRIVEWAY TO TIJE WEST OF PROPERTY IS APPROX. 105 -C TO CENTER THE PROPERTY TO THE WEST IN FRONT IS ALL CONCRETE. NORTH SYMBOL LEGEND y , ` REQ'D BUFFER YARD AREA x LANDSCAPE AREA I of ml O BAST CONTINENTAL BLVD. / SITE LOCATION _f- HART ST. AX 2 e �G VICINITY MAP NOT TO SCALE CONCEPT PLAN SCALE: 1" = 20'-0" 0 10' 20' 40' 60 100' • •5 w w E-co Q �o W �- zo w� Qom Lo � E��o Pr 4 W Q w co co co rl w V T--� o ^� F Z w Q� E--4 E D F--4 O O E-+ CO C\2 a Q E--4 �' .. Q E� 0 � o � w O Co w E-+ O Q w L� o� C\2 w o H x � w o Q co �[jo w o HM a; ao in x U 0�' WEw- m � x ¢o E� off x aE�z z 0 ,oa 4 o E- E- �Qz a, w M� ¢ E- Q¢ U E- (4 f LANDSCAPE BUFFER 10'-0", TYPE "F1" 8' WOOD STOCKADE FENCE ADJACENT PROPERTY HART INDUSTRIAL PARK LOT 2/ BLOCK A JIM MORSE MORSE CONSTRUCTION INC 1594 HART SOUTHLAEE, TEXAS 76092 ZONED: I- 1 L.U.D.: MIXED USE 20 z �I t27'-0 N 89d 20'27" E ADJACENT PROPERTY OWNER, SANDRA MCKAY VOL. 7311 PG. 1754 ZONED: I-1 L.U.D.: MIXED USED 150.00', rz o x X CONCRETE z x' OR CONCRETF ASPHALT x OR ON ENTIRE cv a ASPHALT STORAGE AREA X � rm5 = a -- RACK FOR SPRINKLER PIPES CONCRETE OR ASPHALT ON ENTIRE STORAGE AREA NO OUTSIDE STORAGE IS VISIBLE TO ANY ADJACENT PROPERTIES CONCRETE PAVING 8' WOOD GATE 25'-0" CONCRETE. PAVING r CONCRETE OR ASPHALT ON ENTIRE STORAGE AREA LANDSCAPE BUFFER 10' TYPE B 221 X 1'4'T X 7'H BRICK BINS CONCRETE OR ASPHALT ON ENTIRE STORAGE AREA 221 X 141 X 7'H STONE BINS NO OUTSIDE STORAGE IS VISIBLE TO ANY ADJACENT PROPF.RTIFS LOT 3/ BLOCK A GREAT OUTDOORS LANDSCAPE 3750 SQ. FT. ONE LEVEL 600 SQ. FT. IS OFFICE SPACE CONCRETE OR ASPHALT ON ENTIRE STORAGE AREA -TRASH DUMPSTER SCREENED W / DE; PLANT MATE{JAL MIN. HIEGHT 6' CONCRETE PAVING 8' ROOD GATE 25'-0" CONCRETE PAVING i,l N 89d 20'46" E \ 150.01' '--LANDSCAPE BUFFER 10'-0" TYPE "B" 104'-0" ' HART STREET 60' R.O.W. ADJACENT PROPERTY HART INDUSTRIAL PARK LOT 3,4,5 / BLOCK B JOSEPH HART ' 246 ARBER DRIVE GUN BARRELL CITY, TEXAS 75147 ZONED: I-1 L.U.D.: MIXED USE LANDSCAPE BUFFER 10'-0", TYPE "F1" -- 8' WOOD STOCKADE FE'.74CE ADJACENT PROPERTY LOT 4j BLOCK A JOSEPH HART 246 ARBER DRIVE GUN BARREI L CITY, TEXAS 75147 c� ZONED: I-1 0) L.U.D.: MIXED USE N HART INDUSTRIAL PARK LOT 3 ' BLOCK A oC\2 EXISTING ZONING: I-1 o PROPOSED ZONING: I-1 EXISTING L.U.D.: MIXED USE o PROPOSED L.U.D.: MIXED USE NO EXIST'G TREE COVER NO EXISTING DRIVEWAY EAST OF PROPERTY. THE :MINIMUM SPACING BETWEEN DRIVEWAY CENTERLINES MUST BE 100'. CURB RADDI CANNOT EXTEND BEYOND THE SIDE LOT LINES. R27'-0" DRIVEWAY TO TIJE WEST OF PROPERTY IS APPROX. 105 -0" TO CENTER THE PROPERTY TO THE WEST IN FRONT IS ALL CONCRETE. NORTH SYMBOL LEGEND k R REQ'D BUFFER YARD AREA k LANDSCAPE AREA F/A 0: ml EAST CONTINENTAL BLVD. /1 s C _ SITE LOCAN TIO HARTST.� ze �Gl� �Y VICINITY MAP NOT TO SCALE CONCEPT PLAN SCALE: 1" = 20'-0" 0 10' 20' _ 40. 6G 1GG' rn N 0 z U • •z w w ► � �� Q �o W �- zO F I w� Qom Lo 421 E-♦ O � U w .-� t_" '4 W Q w '..4 co V co rl w V T__� O ^� F w T O� E V E-4 �-4Dn F-1 � co I �Y "7� `� w CrJ F--� O p F-4 E-4 00 C\2 W a�OFqQ^ w p m 00 W E-+ O Q w L� o� C\2 w o H x H w o Q o H� a; aoulxU m CD E_ x ¢o H oE- x aFz z 0 ,oa 4 oz H E, �Qz a4 w M� ¢�¢x Q¢ U � H a�x W GY x H Drawing Loa -ot 7 I Ruh', John M: etux Brenda A. N Wood Fence 12111 112" IRF I X.36'RCP at 8 Heodwall Piatt, James C. N � etux Eleanor L. O , Lot 9 Randy 9oll Bonder, In 00 �S 0 0 L s SSMH Top=670.40 FL=656.65 _ o� _1 L 00 SSMH Top=670.07 FL=656 72 PP 10'-E Buffer Yard- 6 6 8.7 c-= _-- ----_—__FL=66 .0 F�=668.8 'I- FL-65 .8 2-18" I i RCP's 'g c. I 1 74 Rlaht-of-Wav LI ! 3 Lot 10 17 Murillo, Roland M. M etux Eno C. T Lot 11 Centennial Hornes, Inc. ,2 Nataiwoll, N.A. etux Glenda I I LLJ Z W Q LiJ J NI c� O L^^1J PP I Q o N (D M fz)� I Ln o I I�if O i z I 17.95' i t� a E V, > 4 , X O w a 84' Riaht-of-Wo P�) Zoned SF30 Medi m De sity Lot 29 Hance, Edwin etux Carolyn, Existing Wrought Iron Fence 10'-Fl Buffer Yard 1/2" N.89'31'38"E. _ R Lot 28 Hoffman, Richard W. & Nancy All trees along the north property line are 8" pine is ..4 . 'h, - x•( ,.. ?C 1'iC XX �• x x x+. Mwc x F'_t .ii^. n . _ i _ +ij�, ��. :hi�a..-'rx'x'`*ft •, >r .,�•' Y �,r^`+;, y-:1��` _ :�,F�+� • '�1T. .. �'i;,,.,n}-;�'�*�,. . • � ` . � - fiarx . 't� • .y,,.n , �.�� , d - . , ' d? ,.4 , ��f lr.�• ',�• ' . .. `�;4.St, .k. K- Limits of Proposed Concrete Pavement 24' Fire Lane Drainage Easement 40' Buildina Setback Line Block 3 of the Amended Firal Plat Southridge Lakes Phase I Cabinet A, Slide 468 & 469 (PRTCT) 422.56' Lot 27 Krieger, Mork.A. etux Susan K. 5' Utility Easement Existing Wrought Cabinet A, Slide 468 Iron Fence 8. Ex.70' Drainage and x Utility Easement ` - - :I Cabinet A, Slide 2199 ` • • • � • `- a.. ' • ` IY " �o —portion to be abandoned / Ah ssoo.V— PzA,/olojj—w-, I 1, Z AOMA w Ord MAP 1 I i— PINA • I • i► 1 �: ' I• _:::: ; �; ::., ::.' Round Bollard Incandescent Lighting m . •: 42" Tall (typical) 30 Blild;ng Line _ J *. it ]1 CabinetlA, Slide 2199 I I I U> o ;1 25' Toll Pole • + 250W Rectilinear A,c ' E Shape Area Lighting (typical) q . m a res{ n - i L1 Ent l o Ip; PROPOSED BUILDING T $igrr { "� 56.79' FIN.FLR.=670.00 �� a 0 w Building Height = 34'-10" d I f• One Story I Ent. 0 a V\-J -aD- CC3�1 ®a.a�--- I (>. n 11 Round Bollard , . ncandescent Lighting 42" Tall (typical) �r 3 x Boss d' res ,Ir-00 1 _---------O C)n I �+ i • • .. 11 a cT o B 11 1 - - DI D i t' u cn12,I ! o n U') H 13 OC C Ent. I rn, l I 253.33 I � Ent: i 1yty ..r 24" Oaks II 24' Fire Lone a, — % — --- 15' Storm Sewer Easeen Mu t / � II — m AC A SS- — EASEME T Concrete Pavement w30• oak 15 Building Setback L ne _ 5'-A Buffer Yard �• 2cmd COOS N � Y, C) ky PROPOSED FIRE HYDRANT N N -c: 4, B,oct 6 Southrdge Lakes Phase 00 CV Cobinet A, Slide 2199 (PRTCT) O .V) Trash Dumoster Lot 26 PROJECT LOCATION Southlake Boulevard a� D c > c a) > C 0 n Continental Boulevard West SCALE : 1 "= 3000' LOCATION MAP MAPSCO PAGE 25-F FIELD NOTE DESCRIPTION NORTH 30 60 90 Graphic Sca,e 1"=30' BEING a 4.246 acre tract of land situated in the A.A. Freeman Survey, Abstract Number 522, in the City of Southlake, Tarrant County, Texas and being a portion of LOT 4, BLOCK 6 of SOUTHRIDGE LAKES PHASE C-I, an addition to the City of Southlake according to the plat recorded in Cabinet A, Slide 2199 of the Plat Records of Tarrant County, Texas (PRTCT) and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for the northwest corner of said Lot 4, Block 6 and being the southwest corner of Lot 29, Block 3 of Southridge Lakes Phase I, an addition to the City of Southlake according to the amended plat recorded in Cabinet A, Slide 468 & 469 (PRTCT) and being located in the easterly right-of-way line of Peytonville Avenue (a variable width right-of-way at this point); THENCE departing the easterly right-of-woy line of said Peytonville Avenue and following the northerly line of said Lot 4, Block 6 NORTH 89'31'38" EAST a distance of 422.56 feet to a 5/8 inch iron rod set for corner; THENCE departing the northerly line of said Lot 4, Block 6 SOUTH 00'28'22" EAST a distance of 440.05 feet to a 5/8 inch iron rod set for corner; THENCE SOUTH 89'32'00" WEST a passing distance of 215.00 feet to a 1/2 inch iron rod found for the northeast corner of Lot 6, Block 6 of said Southridge Lakes Phase C-1, in all, a total distance of 415.00 feet to a 5/8 inch iron rod set for corner located in the easterly right-of-way line of said Peytonville Avenue (a 84 feet wide right-of-way at this point); THENCE along the easterly right-of-way line of said Peytonville Avenue as follows: NORTH 00'09'17" WEST a distance of 75.00 feet to a 1/2 inch iron rod found for corner; NORTH 03'58'13" WEST a distance of 150.28 feet to a 1/2 inch iron rod found for corner; NORTH 00'09'17" WEST a distance of 215.01 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 4,246 acres or 184,975 square feet of land, more or less, all according to that survey prepared by Kurtz - Bedford and Associates, Inc., dated August, 1996 and signed by Austin J. Bedford, Registered Professional Land Surveyor No. 4132; to which reference for all purposes is hereby made. . .. - .. .. .. �. •_ . �• ------------------- +Retaining200.0o S. a9�32'00„ W. 41 5.00' S�8'. LEGEND Wa 5' Utility Easement PS �= 3' to 6' High 5'-A Buffer Ycrd -� r (See Grading Plan) Interior Landscape Area �oC33 Buffer Yard H 00 d U �m I o� 42" Toll Round Bollard a�(� Incandescent Lighting o CD` 0 25' Tall Pole 0 0. 250W Rectilinear 0 o Shope Area Lighting o� (typical) Site Data Lo: 6, Block 5 of Lot 5, Block • Construction Start Date: First Quarter 1997 w i So,arrcge Lakes Phase w Southlake 114 Invess tors • Existing Zoning : C-3 • Land Use : Mixed Use o I o • Gross Acreage : 4.246 Ac. 184,975 Sq.Ft. CD a • Percentage of Site Coverage : 31% 0 0 cn un • Area of Open Space : 43% • Outside Storage : 0% • Building Area : 56,512 _ • Living & Common Areas : 39,568 Sq.Ft. I • Cafeteria / Dining Kitchen : 16,944 Sq.Ft. L - _-- - - • Total Floor Area 56,512 Sq.Ft. BENCH MARK • Parking Required 1 per Unit - 80 Railroad spike :n power pole located at the northwest corner of • Parking Provided 74 Regular 6 Handicap; Total 80 Peytonville Avenue and West' Southlake Boulevard. • Number of Lots One Elevation =-679.53- - • Loading Zone Area : 19' x 55' -------------------------------------------------------------�------------------------------- * Existing trees SUMMARY CHART — INTERIOR LANDSCAPE Required or Landscape Area 75% of area in Canopy Accent Shrubs Ground Cover Provided (Sq.Ft.) front or side Trees Trees (Sq.Ft.) Required 25,425 19,069 Sq.Ft. 42 85 424 2543 Provided 28,116 19,292 Sq.Ft. (76%) 42 85 424 2543 * Note any credits used in calculations o. Required landscape area of 28,250 sq. ft. was reduced by 10% for landscaping of ROW per section 3.3—e Rear : 8,824 Sq.Ft. Front & Sides : 19,292 Sq.Ft. Total : 28,116 Sq.Ft. 1. Minimum 2' shrubs reaching a mature height greater than 3' must be planted ® 30" o.c. adjacent to all parking oreo along the right-of-way. 2. Credit for existing materials will comply with Ordinance 480, Section 42.40. 3. Screening along North Property Line will comply with Ordinance 480, Section 39.0 SITE PLAN KINGSLEY PLACE ASSISTED LIVING FACILITY SOUTHLAKE, TEXAS A.A. Freeman Survey Abstract No. 522 part of Lot 4 Block 6 Southridge Lakes City of Southlake Tarrant County Texas Owner: AGUIRRE ASSOCIATES, INC. Existing Owner: Southridge Center LP 12700 Park Central Drive 3838 Oak Lawn Ave. Suite 1508 Dallas, Texas 75219 Dallas, Texas 75251 Contact: Joe Graham CASE NO. ZA 96-138 CID CD O 0 w Il= CARSON•SALCEDO•McWILLIAMS, Inc. consulting engineers Civil Engineering • Surveying 1201 Main Street. Suite 1530 • Dallas. Texas 75202 (214) 741-4640 • fax 741-4610 • modem 741-41544 Revisions Rev. Date Description LU >W V a LL 0 V >M Z a LU In mi =J J 0 W UJ J 0 a LM 0 AGUIRRE ASSOCIATES INC 12700 PARK CENTRAL DRIVE SUITE 1508 DALLAS FAX 214 TEXAS / 75251 788 1583 TEL 214 / 788 1508 ,r E 0 F •• r a�•2 rr��. l • :* cJV � • 11 �a Date: 11/08/96 Project No. 961104 Drawn By: JFG Checked By: BMM Sheet Title: SITE PLAN Drawing No. 1