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1999-06-15 CC Packet • City of'Southlake, Texas MEMORANDUM • June 11, 1999 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Agenda Item Comments and Other Items Of Interest for City Council Meeting June 15, 1999 Note that your packet also includes the agenda and supporting documents for the Special City Council Meeting scheduled for June 22, 1999. If you have any questions, please feel free to contact Karen Gandy or me. 1. Note that the financial report prepared by Chief Accountant Lynn Martinson is included in your packet under Item No. 4B. If you have any questions, please call Lynn. Also included in your packet under the City Manager's report, is a memo prepared by Senior Planner Chris Carpenter on the status of the entry portal project. Councilmember Kendall would like to make a brief comment concerning this issue during my report. Note that staff is putting together a work group on this project. If you are interested, or know of someone who would like to help, please contact Chris. 2. Agenda Item No. 5A. Approval of minutes of the Regular City Council meeting held on June 1, 1999. The minutes are included in your packet. If you have any changes to the minutes, please discuss these at the work session or notify Sandy LeGrand prior to the meeting. She will bring the amended minutes to the meeting for your consideration. L Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest For City Council Meeting June 15, 1999 Page 2 of 15 • 3. Agenda Item No. 5B. Authorize the Mayor to enter into a letter of agreement with Southwestern Bell regarding City of Southlake Ordinance 565, Telecommunications Ordinance. Council's approval of this item could be construed to be simply a formality, however, it is necessary for the purpose of keeping our negotiation with Southwestern Bell moving forward. Our City Attorneys have recommended your approval. Note that while we are beginning our negotiations with SWB, recent activities of the Legislature will impact the provisions of the resulting agreement. Staff has not yet had an opportunity to evaluate the bill or its implications on Southlake in any great detail. We have included an article from the May 14, 1999 edition of the Texas Municipal League's Legislative Update which provides details about HB 1777. This bill, which "would create a statewide model for telecommunications franchise ordinances," was sent to the Governor on May 26, 1999. Please let Shana Yelverton know if you have any questions about this item. 4. Agenda Item No. 5C. Resolution No. 99-54, Amending the City of Southlake's authorized representatives with TexPool. As noted in the memo from Lynn Martinson, staff changes have necessitated the approved designated representatives authorized to take care of city business with TexPool. Please let Lynn know if you have any questions. 5. Agenda Item Nos. 5D, 5E, and 5F. Resolution No. 99-49, Appointment to Zoning Board of Adjustment to fill the unexpired term vacated by Ron Troy; Resolution No. 99-50, Appointments to Teen Court to fill expired terms of Rick Stacy and David Harris; Resolution No. 99-51, Appointment of a Health Authority and designation of a Health Officer. The memos from City Secretary Sandy LeGrand Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest For City Council Meeting June 15, 1999 Page 3 of 15 describe the need for these appointments. Please let her know if you have any questions on these items. 6. Agenda Item No. 5G. Resolution No. 99-45, Supporting grant application to the Texas Forest Service for Senior Tree Farm #3. As the cover memo from Kevin Hugman explains, this grant application requests $4,300 in funding from the Texas Forest Service for establishment of Tree Farm #3. The City's match would also be $4,300, but we expect to be able to meet this in in-kind donations and labor. We have already exceeded our match obligation on the grant for Tree Farm #2, so we do not anticipate any cash outlays. However, since there is a commitment on the part of the City, that is why we are bringing this grant application for your approval prior to submission. If you have any questions regarding this item, please feel free to contact Kevin. L 7. Agenda Item No. 5H. Consideration of request by Women's Division of the Southlake Chamber of Commerce to hold a circus at Bicentennial Park in March 2000. This is the first time we have been asked to allow a circus at Bicentennial Park. As the cover memo explains, there are certain requirements that the circus needs in terms of space, parking, water, etc., that have led them to Bicentennial Park as the location of choice. The Park Board considered this item at its May 10, 1999 meeting and requested more information from Ms. Linda Overlander, President of the Women's Division of the Southlake Chamber of Commerce, who is the sponsoring organization. Ms. Overlander returned to the Board at its June 7, 1999 meeting to answer their previous questions. The Park Board voted 7-1 to approve the request to allow the circus to be held at Bicentennial Park on March 24, 2000. This item was placed on the Consent agenda, however if you are uncomfortable Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest For City Council Meeting June 15, 1999 Page 4 of 15 with this or have further questions, you may want to take it off Consent. Ms. Overlander is expected to be at your meeting on Tuesday to answer any questions you may have. 8. Agenda Item No. 5I. Resolution No. 99-53, Clarifying committee membership to the Joint Drug and Alcohol Awareness Committee. This change will allow the City Council and/or CISD Board of Trustees to appoint a designee to fill positions originally intended for councilmembers or board members. It is being brought forward at the request of the Drug and Alcohol Committee (initiated by Doug Strickland). Apparently there is a desire to appoint a staff member (school nurse) to serve on the committee in one of the CISD Board positions. The minutes from the Committee meeting during which this issue was discussed are included in your packet with item number 5I. Please call Shelli Siemer if you have questions about this item. 9. Agenda Item No. 5J. Resolution No. 99-44, Appointing Councilmember Patsy DuPre to the City of Southlake and Carroll I.S.D. Joint Utilization Committee. This item has been placed on the agenda at the request of Councilmember Fawks. Note that no Council-approved documents delineate the number of Councilmembers serving on the Joint Utilization Committee, although the procedures of the JUC provide information on the composition of the committee. The JUC approved a change to their procedures at their meeting Thursday, June 10, allowing the additional Council appointment. Please let Kevin Hugman know if you have questions about this item. 10. Agenda Item No. 5K. Resolution No. 99-52. A resolution in support of establishing focus groups between Carroll Independent School District and the City of Southlake to study projects of mutual interest. Recall that this was an item of Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest For City Council Meeting June 15, 1999 Page 5 of 15 discussion at your regular meeting on May 18. As reflected in the minutes, staff was directed to bring forth a resolution in support of establishing joint focus groups between the City of Southlake and the Carroll Independent School District. Rather than making appointments to the focus groups to study mutual projects of interest, I believe we can seek involvement from interested persons from the community, the City Council, and the school district board similar to work groups and ad hoc committees. Councilmember Potter may want to comment further on this item during the meeting. . Please contact me if you have any other questions. 11. Agenda Item No. 7A. Ordinance No. 740, 2' Reading, Authorizing the issuance of "City of Southlake, Texas, Tax and Tax Increment Surplus Revenue Certificates of Obligation, Series 1999," and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates. Given the pre- approval of our bond sale through the Attorney General's Office, we are now ready to move forward with consideration of this item, which will include awarding the bid for the bonds. As noted in the memo from Lynn Martinson, the par amount of the certificates of obligation is $3.61 million, of which $1.2 million will cover architectural services, $390,000 for the necessary construction management fees, $1.11 million for general conditions, and $800,000 for start up construction costs. Recall that under terms of the developers agreement with Cooper and Stebbins, as set out in Section IV.F.1. and IV.F.2., we do not anticipate TIRZ payments to the developer prior to the tax year commencing January 1, 2000. Jim Sabonis, Financial Advisor from First Southwest, and Ed Esquivel, Bond Counsel from Fulbright and Jaworski, will be in attendance at the meeting to answer questions you may have about this item. Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest For City Council Meeting June 15, 1999 Page 6 of 15 12. Agenda Item No. 7B. Ordinance No. 735, 2nd Reading, Requiring that persons under 15 wear a bicycle helmet while riding on public ways. Recall that staff has worked with interested residents for the duration of consideration of the ordinance. In November 1998 the Greater Southlake Women's Society presented a proposal to the City Council to pursue the adoption of an ordinance. There were subsequently three meetings held to discuss the proposed ordinance. The participants all agreed that there is a need for children to wear bicycle helmets, with the goal to educate both adults and children regarding the importance of wearing helmets for bicycle safety. The area that met with distinct differences of opinion is related to the adoption of an ordinance. Some residents believe an ordinance is the best tool available to ensure bicycle safety rules are followed and enforced. Some believe that an ordinance is too intrusive to their daily lives; they feel the best approach is to ask the City Council to fund a program for the Public Safety Department to educate citizens regarding bicycle safety and encourage children to wear helmets. No consensus between the groups was reached even after some compromises were suggested. The changes discussed by Council on first reading of the ordinance have been incorporated into the ordinance. Note that a SPIN meeting was held on Thursday, June 10, 1999 for additional citizen input, as directed by Council. See the attached memo from Gary Gregg included with my memo. If you have any questions on this item, please contact Gary. 13. Agenda Item No. 7C. Ordinance No. 544-A, 2' Reading, Amendments to Landscape Ordinance No. 544. You will recall that a work group including Councilmembers Debra Edmondson and Scott Martin initiated and developed amendments to the Landscape Ordinance, which were subsequently approved by the Planning and Zoning Commission and by Council on first reading. Questions were Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest For City Council Meeting June 15, 1999 Page 7 of 15 raised following the ordinance passage on first reading and staff has since been working to finalize changes with Councilmembers Edmondson and Gary Fawks. Note that the ordinance included in your packet shows the proposed changes in a cloud line/strikeout format so you can easily identify them. The staff memo also clearly delineates the proposed changes that have occurred along the way, including changes made by the Planning & Zoning Commission and the more recent changes by the new workgroup. Please let Greg Last or Keith Martin know if you have any questions about this item. 14. Agenda Item No. 7D. Resolution No. 99-46, (ZA 99-050 , Specific Use Permit for special events associated with Downtown Southlake Celebrates. At their June 3, (111.- 1999 meeting the Planning and Zoning Commission unanimously approved a Specific Use Permit for events associated with "Downtown Southlake Celebrates" scheduled for consecutive weekends on June 26th and July 3`d. The planned special events will incorporate the Independence Day theme and are being developed for the entire family to enjoy. "Picnic in the Park" will be held on June 26th and will feature children's activities, arts and crafts booths, refreshments and a performance by the Lake Cities Band. It will begin at 7:00 p.m.. The July 3`d "Community Independence Day Celebration" begins at 2:00 p.m. and will feature informational and interactive booths, entertainment, and food. The Lake Cities Band will perform in the evening and a low level fire works display will occur. Town Square officials have been working with the Department of Public Safety and have received approval for the fire works from the FAA. L Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest For City Council Meeting June 15, 1999 L. Page 8 of 15 In order to create a safer and more cohesive environment for both events, the Planning and Zoning Commission approved closing Fountain Place, which bisects Rustin and Family Square parks, from 5:00 p.m. until 10:00 p.m. on June 26, 1999 and from 8:00 am to 10:00 p.m. on July 3, 1999. They also approved for July 3, 1999 closing Civic Place from 7:00 p.m. until 10:00 p.m.. All other streets would remain open. Promotions and publicity for both events will be directed towards Southlake residents only. Community Services staff and Town Square officials will work closely with the Department of Public Safety to ensure that all issues relating to police, fire, and ambulance service are addressed. Should you have any questions on this item, please contact Steve Polasek, Deputy Director of Community Services. 15.Agenda Item No. 7E. Resolution No. 99-48, (ZA 99-029), Specific Use Permit for outside storage of plants or other greenery as part of a retail operation for Wal- Mart. This application requests to exceed the allowed area of outdoor sales permitted in Section 38.3(a) of the ordinance. This provision states that businesses may display for sale merchandise items traditionally marketed through outside storage not to exceed five (5) percent of the floor area of the business. By this provision, Wal-Mart would be allowed 6,500 s.f. of outdoor sales area based on the building floor area (130,000 s.f.). The existing open air garden area enclosed by the wrought iron fence is 3,729 s.f. leaving a remainder of 2,771 s.f. of area permitted for screened outside storage of for sale items. This application was submitted to address an error in the fencing of outside storage area at the north end of the parking lot in front of the Wal-Mart. A larger area was fenced than was planned. Rather than reduce the area, Wal-Mart requested the SUP to address the additional fenced area (Total of 4167 s.f. or 1396 s.f. over the Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest For City Council Meeting June 15, 1999 Page 9 of 15 permitted area) along with a 6' x 20' (120 s.f.) area for flower display adjacent to the east building facade south of the garden center. The original SUP request was for an additional 1,516 square feet which reflected an additional 1.165% of outdoor sales area over the permitted 5% allowed by the ordinance. Following their first appearance before the Planning and Zoning Commission on April 22, 1999, the applicant amended their request, reducing the fenced area to 3725 s.f. (954 s.f. over the permitted area) and with the requested 120 s.f. area for flower display to be limited from June 1 to July 31. The total amended request is for 1074 s.f. of outside storage or an additional 0.83% over the permitted 5%. During their appearance before the Planning and Zoning Commission on April 22, 1999, the applicant was directed to investigate the possibility of expanding the Garden Center to the south along the east building façade, taking in some of the handicap parking spaces and eliminating the fenced area in the parking lot. The applicant has indicated to staff that this is not feasible for Wal-Mart. The applicant was not present at the last Planning and Zoning Commission meeting. The Commission denied the request (7-0). Recall that last year the applicant made application for the same SUP request, but had requested an additional 7,000 square feet which reflected an additional 5.38% of outdoor sales area (above the permitted 5%). On May 21, 1998, P& Z denied (6- 0) the request and on July 21, 1998, the applicant submitted a letter to withdraw the request. Feel free to contact Karen Gandy or Dennis Killough regarding this item. 16. Agenda Item No. 7F. Ordinance No. 480-312, 1S` Reading, (ZA 99-032), Rezoning and Concept Plan for Southlake Boulevard Presbyterian Church. This plan proposes approximately 37,665 square feet of floor area in phased construction. The property is located on the north side of Southlake Boulevard, south of SouthRidge Lakes residential development, east of Bank United and west of La Petite Day Care. Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest For City Council Meeting June 15, 1999 Page 10 of 15 The primary concerns of the Planning and Zoning Commission were with regard to the lighting and the stacking depth on the west driveway into the site. The applicant was encouraged to investigate means of lighting that would provide the lowest amount of impact on the residential properties to the north and still safely light the parking area. The applicant stated that they are willing to use low impact lighting and would also look at installing a timed system that would turn lights off after 10 or 11 PM. Both driveways for the site are existing. Due to an increase in the traffic impacts on these driveways greater than 20%, the driveways are subject to all Driveway Ordinance requirements. The Commission allowed the spacings as shown and the stacking depth as shown on the east driveway and required that the entrance into the site from the west driveway (Bank United driveway) be relocated to the far north end of the existing driveway. This would Cy- provide more stacking depth for church traffic. The Planning and Zoning Commission recommended approval (7-0) on June 3, 1999 subject to the review, amended as noted in the Staff Report. Feel free to contact Dennis Killough regarding this item. 17.Agenda Item No. 7G. Resolution No. 99-47, (ZA 99-033), Specific Use Permit for child care (Mother's Day Out Program) for Southlake Boulevard Presbyterian Church. This request is associated with the previous Rezoning and Concept Plan request. The letter provided by the applicant in your packet proposes a "Mother's Day Out" program two days per week from 9 a.m. to 3 p.m. for a maximum of 25 pre-school age children. The letter also states that no food service is to be provided. During the discussion of the request, the "no food service" was removed, with the applicant stating that foods may be provided but would not be a regular service of the program. Please be aware that the restrictions stated in the applicant's letter are Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest For City Council Meeting June 15, 1999 Page 11 of 15 self imposed and are not restrictions based on Ordinance requirements. A question during the meeting was whether the proposed restrictions were a part of the legal advertising and notifications. These were not made a part of either. Therefore, the restrictions can be amended to be less restrictive without re-advertising and re- notification if the City Council chooses to do so. The Planning and Zoning Commission approved this request (7-0) on June 3, 1999, limiting the program to a maximum of two (2) days a week; limiting the hours of operation from 8:00 a.m. to 4:00 p.m.; requiring participation open to the community with a maximum of 25 pre-school age children; limiting it to the Phase 1 building; governed and administrated by the Southlake Boulevard Presbyterian Church; and being subject to Concept Plan Review Summary No. 3, dated May 28, 1999, amended as noted with action on ZA 99-032. Feel free to contact Karen Gandy or Dennis Killough regarding this item. 18. Agenda Item No. 7H. ZA 99-035, Revised Site Plan for Holt Dental Care . This plan proposes an additional 1,424 s.f. of dental office space to an existing 3608 s.f. dental/optometry office. The proposed addition is located on the northeast portion of the building. Due to the increase in required parking, the traffic impacts on the existing driveways would appear to exceed 20%. This requires compliance with all Driveway Ordinance requirements on the existing driveway. Variances to spacing requirements and stacking depths were granted during the approval of the first site plan on the property. The Planning and Zoning Commission recommended approval (7-0) on June 3, 1999 subject to the Site Plan Review allowing the driveways and articulation as proposed. During the meeting, the consultant stated that he had an alternative plan that was closer to compliance with articulation requirements, but did not blend well with the existing architecture of the building. Vice-chairman Peebles asked that the applicant present a rendering of the alternative building Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest For City Council Meeting June 15, 1999 Page 12 of 15 • elevations to the City Council. Feel free to contact Dennis Killough regarding this request. 19. Agenda Item No. 11A. Review of "Future Dreams" statue. You will recall receiving a copy of the information provided to Councilmember Edmondson dated May 18, 1999 and a follow up memo dated May 20, 1999 as prepared by former city manager Curtis E. Hawk. As of this date, we have made one additional payment to Mesa on statues #12 and #13 in the amount of $1,514.45, and we have received one additional payment of$1,500. This brings the total revenues received to $20,300, which is $1,467.55 above expenditures. Statues #12 and #13 have not been received and have not yet been sold. (See the attached updated charts on records of payments and purchases and the statement of revenues and expenditures prepared by Lynn Martinson.) L I need direction from Council on how you would like staff to proceed: 1. Continue the project as started. 2. Council involvement with original project or modification of original. 3. Discontinue project. 4. Suggestions? Additional fees may be required by Mesa and/or the artist if the project is modified or discontinued. There does not appear to be any written/signed agreement between the City, Mesa or Mr. Eubanks. If we do continue with the project, in what ever fashion chosen, we will need someone from Council/community to follow through with the Southlake Art Fund and market the statues. Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest For City Council Meeting June 15, 1999 Page 13 of 15 20. Agenda Item No. 11B. Cross Timber Hills neighborhood sewer project. We have placed this on your agenda so that we can continue to discuss the item with you as we make progress on acquiring the easements and move forward with the project. The memo from Shawn Poe notes that we have to date, acquired 25 of the 54 easements needed from the project. Note that he has personally contacted all property owners who need to provide the easements and continues to work with them. As we discussed at the last meeting, staff is preparing an analysis of the costs of the project for discussion in further detail at the June Retreat. It is our intention to discuss the future of the neighborhood sewer project in detail at the Retreat. (160' Other Items of Interest 21. Prioritization Master Schedule. Please remember to fill out the project prioritization master schedule and return it to Greg Last prior to next Tuesday, June 15. His office will be compiling the information on Wednesday and would like to make sure everyone's responses are included. If you have any questions, please contact Greg. 22. Participation in Fourth of July Celebration. The City of Southlake will once again participate in the Northeast Family Fourth of July celebration. This spectacular fireworks event is sponsored by eight area cities and several local merchants. It will be held on Sunday, July 4, 1999 on the Tarrant County College Northeast Campus with the fireworks display starting at approximately 9:00 p.m. 23.Airport noise complaint. Southlake resident John Shindler plans to address the City Council during public forum about the airport noise he is experiencing in the Timber Lake subdivision. Copies of the e-mail correspondence were included in Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest For City Council Meeting June 15, 1999 Page 14 of 15 your May 18`" and June lst packets of information. As you recall, we sent a letter to the DFW airport noise office requesting the use of their portable noise monitor to measure the noise level Mr. Shindler is experiencing. The City's DFW Airport liaison, Pamela Muller is fully aware of the nature of Mr. Shindler's complaint and will be at the City Council meeting. Please contact Shelli Siemer or Pamela Muller if you need more information regarding this issue. 24.June Retreat. Attached to my memo is a draft agenda for the June Retreat. Please review and let me or Shana know if there are any other items you would like added or if there are items you do not feel need to be discussed at this time. Also, feel free to let me know whether you wish an item to be either discussed or text only. 25. Assistance from Lou Ann Heath. I spoke with Lou Ann on Wednesday and she has Cir graciously agreed (her contribution as a tax paying citizen) to assist us, free of charge, on our revenue projections for the upcoming budget preparation. We graciously accepted and thanked her. 26.Also attached to my memo is: • Copies of slides presented at the SH114/SH121 Major Investment Study Meeting • Chamber of Commerce Report prepared by Economic Development Department Staff • Calendar of events and City Manager's Report - C BC Staff Extension Numbers: Campbell, Billy, City Manager, ext. 702 Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest For City Council Meeting June 15, 1999 Page 15 of 15 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, Director of Engineering Services, ext. 779 Henry, Ben, Parks Planning and Construction Superintendent, ext. 824 Hugman, Kevin, Director of Community Services, ext. 757 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Director of Economic Development, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Martinson, Lynn, Chief Accountant, ext. 833 Polasek, Steve, Deputy Director Community Services, ext. 772 Queen; Courtney, Community Services Coordinator, ext. 827 Safranek, Lauren, Director of Human Resources, ext. 836 Siemer, Shelli, Assistant to the City Manager, ext. 806 Thomas, Charlie, Deputy Director of Public Works, ext. 814 Ward, Paul, Chief Building Official, ext. 755 Whitehead, Bob, Director of Public Works, ext. 740 Wilson, Garland, Director of Department of Public Safety, ext. 730 Yelverton, Shana, Assistant City Manager, ext. 705 M:\WD-FILES\CEH\MEETINGS\4mat-mtg.doc ._ • • Texas LegIslatIve itunicipa' ......— league UPDATE May 14, 1999 Number 19 A RUBY OF ACTIVITY PRODUCES A TELECOMMUNICATIONS FRANCIISE BILL Within a span of only five legislative days, the Texas House of Representatives has written and passed a bill that would create a statewide model for telecommunications franchise ordinances. The bill (H.B. 1777) passed the House on May 11. It is the product of weeks of negotiating among lawmakers, cities, and telecommunications companies. The good news is that H.B. 1777 comports with virtually every aspect of the TML position on telecom franchising and with the criteria established by the Telecommunications Committee of the TML Board. ce Background Deregulation of the telecommunications industryat the state and federal levels gave rise to 8u numerous issues of debate and litigation between the telecommunications industry and Texas cities regarding the use of public rights-of-way (ROW) within cities to provide telephone service. Texas cities have historically managed the streets, rights-of-way, alleys, and other public property located within their corporate boundaries both through police power regulation to protect the health, safety, and welfare of the citizens, and by renting (or "franchising") the use of the public property to telephone, cable television, electric, gas, and water utilities. The current debate centers on the industry's right to offer service without being subjected to discriminatory or non-competitive regulations at the local level, versus the cities' right to manage ROWs and to receive reasonable compensation for their use on behalf of the public that owns the property. An interim legislative committee studied these issues during 1998, and competing bills filled during this legislative session resulted in the protracted negotiations that produced this bill. Provisions of the Bill H.B. 1777 amends the local Government Code by adding a new Chapter 283 with the following provisions: • . In SECTION I of the bill, Sec. 283.001 expresses the state policy of encouraging competition, reducing barriers to entry into the market; eliminating competitive advantages; reducing • , uncertainty and litigation; allowing cities to retain management of the ROWs; allowing cities to receive reasonable compensation for their use by a certificated telecommunications provider (CTP); and establishing a simple, uniform method for compensating cities that is consistent with state and federal law and the burdens on cities created by the incursion of providers into ROWs. (.....a When you receive this TLIL Legislative Update,please make copies of it and distribute them to members of the governing body and to depart- ment-heads as appropriate.TML sends only one copy to each city,and we rely on those who receive it to distribute it.Thanks for your help. Published by the Texas Municipal League 1 8 2 1 Rutherford Lane , Suite 4 0 0 , Austin , Texas 7 8 7 5 4 . 5 1 2 8 • ( 5 1 2 ) 7 1 9 . 6 3 0 0 Sec. 283.002 contains definitions, including the definition of"access line." LSec. 283.003 requires the Public Utility Commission (PUC) to determine by September tember 1 2002, •. and every three years thereafter, whether modifying the categories or definition of access lines is justified. Sec. 283.004 specifies that the Act applies only to city regulations and fees imposed on a CTP. Sec. 283.005 provides that the PUC may compile information necessary to implement the Act. Sec. 283.006 provides that a CTP that does not use a ROW shall not be required to pay a fee other than certain fees and taxes not related to use of a ROW, provided that the total number of access lines in the city shall be counted and reported to the PUC and that the PUC shall promulgate rules to ensure that fees are properly paid by CTPs that acquire use of access lines from another CTP and then provide more access lines than the number acquired. • Sec. 283.051 provides that.a CTP that uses ROWs is required to pay compensation to cities in the amount determined by the PUC under Sec 283.056, and that a city may initiate legal action against a CTP that does not do so. Sec. 283.052 provides that a CTP that compiles with the Act may use ROWs subject to a city's police power regulatory authority described in Sec. 283.058. Sec. 283.053 contains the methods and components for determining a city's "base amount," which shall be the minimum amount that a city shall be entitled to receive in the future as compensation for use of the ROWs by CTPs. In general, a city's base amount is the total amount (so, of revenue received by the city in franchise, license, permit, and applications fees, plus in-kind services or facilities from CTPs in 1998. For a city located in a county with a population of less than 25,000 (roughly 350 cities) or for a city that does not currently have a franchise agreement, the base amount (at the discretion of the city) shall be based on the statewide average fee-per- access line, the base amount for a similarly sized city, or 1998 franchise revenue. Sec. 283.054 provides that existing franchise agreements and ordinances shall remain in effect unless the affected CTP elects to terminate the agreement or its obligations under an ordinance by continuing to pay the compensation provided by the agreement or ordinance and being subject to the terms of the Act. Sec. 283.055 provides that the PUC shall determine categories of access line fees for each city in a manner that provides the city compensation equal to its base amount. Cities are authorized to allocate the base amount over the categories of access lines in a different manner, provided that the city's allocation is just, reasonable, competitively neutral, and non-discriminatory. Each CTP shall then pay cities quarterly based on the number of access lines of service it provides. Beginning 24 months after the effective date of the Act, and annually thereafter, the PUC shall adjust the access line rates by one-half of the change in the urban consumer price index. A city may decline all or part of such increase. A CTP that provides access lines from another CTP shall not be required to pay fees on or report those access lines if the other CTP pays the city directly. CTPs shall report the number and category of their access lines to the PUC on a quarterly basis. • A city is not allowed to demand or require free or reduced cost services or facilities from a CTP. Sec. 283.056 provides that a city may not require compensation other than that produced under 283.056, but may issue no-cost construction permits and may exercise police power-based regulations over CTPs that are applicable to all persons in the city plus those necessary to manage the CTPs' use of the ROWs, excluding certain regulations that are not based on protection of the health, safety, or welfare of the public. 1 ' Sec.283.057 contains indemnification standards that cities may obtain from a CTP. Sec. 283.058 describes PUC jurisdiction that is necessary to do what the Act requires it to do. SECTION 2 requires the PUC to determine access line rates by category within 180 days of the effective date of the Act. SECTION 3 provides that city regulations, ordinances, and charter provisions conflicting with the Act are preempted unless specifically authorized as a police power regulation or unless a charter provision not in conflict with the Act is readopted in the manner required for amending a home rule city charter. SECTION 4 provides that the Act takes effect September 1, 1999. L L City of Southlake, Texas MEMORANDUM June 11, 1999 TO: Shana Yelverton, Assistant City Manager FROM: Gary Gregg, Deputy Director, Police Services SUBJECT: Results of SPIN Bicycle Helmet meeting In concurrence with City Council's direction, SPIN met Thursday evening at 6 PM at the Senior Citizen Center to facilitate a community discussion on the question of mandating via ordinance the wearing of helmets by children under 15. Reaction was mixed as it has been throughout the entire process. Don Stone,the first to offer to speak plainly stated that he felt that everyone was in agreement that helmet usage by children was an excellent idea but how to implement the process was in disagreement. To paraphrase the Star Telegram writer and article in Friday's edition: "Wearing bicycle helmets is a good idea,but that does not mean the city should adopt an ordinance requiring them,some residents said last night. Others said they support such an ordinance, and some said it should include skateboarders and in-line skaters. About 25 people attended a meeting about a proposal to require children younger than 15 to wear helmets when bicycling. They could not agree about whether the city should adopt an ordinance with penalties or a resolution supporting the idea of wearing helmets." The meeting was chaired by Milan Georgia and notes and action items were summarized by his wife, Mary. Mrs. Georgia will forward meeting minutes and action items to Council on Tuesday night, June 15, 1999. If you have any questions, please do not hesitate to contact me. GG/gg C:\TEMP\spin helmet meeting.doc a CITY OF SOUTHLAKE Public Art Fund Record of ProfessionaUPersonal Payments Paid to COS Check No. Date Amount Mesa Bronze (1) 38766 4/17/98 $400.00 Mesa Bronze (2) 41031 7/10/98 $1233.00 Tony Eubanks (3) 41319 7/21/98 $6000.00 Carrick Press (4) 43126 9/30/98 $485.00 Mesa Bronze (5) 45238 12/18/98 $6250.00 Mesa Bronze (6) 46984 2/26/99 $1200.00 Mesa Bronze (7) 47501 3/19/99 $400.00 Mesa Bronze (8) 47571 3/23/99 $1350.00 Mesa Bronze (9) 49397 6/4/99 $1514.45 C ,Total - f (1) Deposit for mold of casting (2) Balance for first casting (3) Artist's fee (4) Cost to print brochure (5) Cost for casting #s 2,3 , 4, 5, 6, 7, 8 (6) Deposit for casting #s 9, 10, 11 (7) Deposit for casting #s 12, 13 (8) Balance for casting #s 9, 10, 11 (9) Balance for #12 & #13 C M:IWD-FILE510Elflfume drams-2.docl.st primed 06/11/99 12:09 PM o* CITY OF SOUTHLAKE Public Art Fund . • Record of Purchases Statue Purchaser Down Balance Total __ No. Payment Paid Paid (a) 1 (W) Curtis Hawk $500 $1500 $2000 2 Rick Stacy $500 $1550 $2050 3 Gary Fickes $500 $1550 $2050 4 David Harris $500 $1550 $2050 • 5 Texas National Bank $500 $1550 $2050 6 Barry Emerson $500 $1550 $2050 7 (W) Brian Stebbins $500 $1500 $2000 8 David McMahan $500 $1550 $2050 (b) 9 Southlake Sister Cities - - - (gift to Toyoma) (c) 10 (W) Victoria Dumont $500 $1500 $2000 11 (W) The Mortgage Company $2000 $2000 (d) 12 On order - - - C (d) 13 On order - - - (W) Indicates all-wooden base. Additional $50 for marble base. (a) Broken, needs to be returned to Mesa for repair (b) Southlake Sister Cities to pay $900, cost for casting No. 9, presented to Town of Toyoma on behalf of City of Southlake and Southlake Sister Cities (c) Has been telephoned to pick up. It is to be a surprise gift for her husband. (d) Have been ordered. A number of people have indicated they want a statute. Will be called when delivered to City. • C M:\WD•FII.ES\CENUume dreams.doclmr printed 06/09199 9:54 AM a CITY OF SOUTHLAKE Public Art Fund Statement of Revenues and Expenditures As of June 9, 1999 Revenues: $ 20,300.00 Expenditures: - Professional Services Wood 6,000.00 Mesa Bronze Art 12,347.45 Printing Carrick Press 485.00 Total Expenditures $ 18,832.45 Revenues over Expenditures $ 1,467.55 C E CITY COUNCIL JUNE RETREAT — DAY ONE SCHEDULE Tuesday, June 29, 1999 4:00 p.m. Welcome & Introductory Remarks BC 4:15 p.m. Traffic Management Bond Program Implementation RH 4:45 p.m. Capital Improvements Plan RH "Current Project Status "Future of Neighborhood Sewer 'Drainage Master Plan 5:45 p.m. BREAK 6:00 p.m. Working Dinner w/CISD Board of Trustees ✓CISD Projects "Joint Use Facilities/Programs "Tax Increment Reinvestment Zone "Land Acquisition* 8:30 p.m. Adjourn *Specific land acquisition will be discussed in a posted Executive Session. C Draft#1—06/11/99 CITY COUNCIL JUNE RETREAT — DAY ONE SCHEDULE Wednesday, June 30, 1999 8:30 a.m. 1) Parks Capital Projects Update KH 9:00 a.m. 2) Town Square Operations KH/BW 9:20 a.m. 3) Senior Transportation Services KH 9:45 a.m. 4) ROW Issues BW/RH 10:15 a.m. BREAK 10:30 a.m. 5)Neighborhood Street Repair Costs BW (Hunter's Creels Love Henry Ct., . . Johnson Road, Peytonville Ave., Mockingbird Lane) 10:45 a.m. 6) Beyond Pretty Maps: GIS as a SKY Management Tool 11:30 a.m. Lunch (working) 11:45 a.m. 7) Westlake Water/Sewer Issues RH/BW 12:15 p.m. 8) Organizational Issues BC 'Employee Recruitment&Retention 'Crime Control District (Facilities& Operations) 1:00 p.m. 9) Goal Setting/Project Prioritization BC/GL 3:00 p.m. 10) Other Items 3:30 p.m. Wrap Up BC 4:00 p.m. Adjourn Please Note: The following items have been provided as "text only"items, included in your packet as a means of providing additional information. Any of these items may be discussed during the "Other Items" portion of the meeting at your request: 1. Library Operations 4. Southlake Drainage Utility Dist. 2. Police Services Accreditation 5. Town Hall Construction Plans 3. Computer System Upgrade 6. Clean Streets Program Draft#1—06/11%99 A Coe SHi 1 1 ®',.\ , Agenda Major .•/, rit •Introduction and Project Overview `"'d •Current Project Status ,.--M"' - ',a •Work Group Session tt Tonight: Consensus on Access and v Public T �1" g#4 Interchange Options •Comment Period •Adjournment April 27.19'9' tvnenr i ii i 11_J R ' ',a ®; III MIS Technical ®- �11E1 Committee Study Goals city/Town Agency/Organization • Identify Potential Alternative City of Colleyville TxDOT Mobility Solutions (iv' City of Coppell FHWA City of Euless NCTCOG • Identify the best alternative based on Town of Flower Mound DFW Airport Environmental,Engineering& City of Grapevine Fort Worth "T" City of Irving DART Mobility impacts to the study area. City of Lewisville City of Keller •Achieve Consensus on a � Ciit`y of Southlake Preferred Alternative k /� K Study px Phase 2 Process li v 9 Evaluation CI] a,,'' I (lee I s L ®,I ®,, ;IE Viable °.t. Alternatives No-Build Viable Alternatives . General Purpose Freeway Lanes Evaluation , Freeway Lanes with HOV Lanes . Freeway Lanes with Express Lanes Status Evaluation Criteria Analysis of Environmental, Mobility, L� and Engineering Impacts i 1J\ o n Fla "0,0, ®!,,. ® General Purpose ®'I,,.,GM General Lane Alternative ,ams ISS ft Nancs HOV Lane (b., iI 111111 Mitt it Alternative Typical Section op�ertmen IM „o M S.t{. 11411 l tar 21120 HOV with Maximum Access sue''' l'ehicle'f rip l lug ements Access at SH 114 to from the West / �i SH 121 to from the South es"'‘ Main Street(East 8 West) Loop 382(Business 114)(East 8 West) Intl Pkwy(East 8 West) IH 635 S,II, T Sy SH 114 to from the East `174,000 6lanes 1 9 - ` 190 vpd WE ,+ I' 5E04 v pd EB rt L • sH tt / ,�.I� � � SH tzt - . � SH 114 e 'S 1144 ved t98.� tU 6 Ones \ ��-/ u,, pi EB lanes I SM 114 East HOV MN f, w SOLO vpd % S HOV=Two lanes Hod) ireetion4 � Pe I11�11 cb`so 1 k IIILLINN, or! n. '° L 2 L HOV with Reduced Access so'`s Ma ,1110 Access at-. SH 114 tc from the West ' \ HOV Lane SH 121 to:from the South el" `Ivf „,,,,ino-m /.taro Street to/from the East Intl PkWy to/from the West Alternative OH 114 to:from the East IM 635 Sy 10 6lanea B \r,,,......._ .:.pdvla u' 204 ft `- laooePd < �;trie. ,� caries 1 Park_�n0 Ride f •I Mil I1 11111 tt i 1 sM naisM ul sM tta t I ft j i1 sH 03 5pd +HovTypical Section HOV Two_l,.�nes One-D�recbon 3ppg tp.pnp vpd hr AM-Eastbound PM-Weslbound ; i. ssH 11_260 apd a FM. ,. , , 1 ®� ® II Express Lane e� Express Lane 2, ,l.q.n In..,mrm Alternative S Alternative IH 635 /Begin/End 6 lanes Sy West End :me,.64%74 Begin/End i- `'`nr. -t It 1 (le East End : 1 j 111 j 1 l it tilt t ; 6 lanes6lanes wo Express Lanes Each Directlon S"14 Express Lane Alternative s_✓ ` S�� orb r✓naoo raio� F +60 MI,l ,11110 ®; ;� Conforms to Environmental `1.,,, Inv,,,,,.r,r Criteria Regional Mobility Plans • Consistency with Regional Alternative Mobility Plans No-Build No • Land Use Impacts General Purpose Yes • Right of Way Impacts HOV Lane Yes • Air Quality Impacts Express Lane Yes L 3 L ®,' ;CO Land Use ®; 1110 Right of Way Impacts Impacts - No-Build None No-Build Increased Congestion General Purpose Minimal General Purpose Increased Access HOV Lane Minimal HOV Lane Increased Access Express Lane Minimal ` Express Lane Increased Access - Access Adjustments mAY require �� Right of "Jay l DR o° c �� anon FDA A ®' ® Build Alternatives Mobilit y Improve Air Quality Criteria NOx •Traffic Volumes No-Build 660 90 195 • Access to Existing Facilities General Purpose 603 83 187 • Multi-modal & Operational Flexibility HOV Lane 604 83 187 • Safety Express Lane 603 83 EMI •Travel Efficiency i L R Tons Per Day TF•-�r-``„ ) �� Forecasted Year 2020 ®,' \® Build Alternatives Traffic Volumes Within "a''"�":'"" ,., Improve SH 114 SH 114/SH 121 Corridor HOV Lane No Build General HOV Express Purpose Freeway 163,000 244,000 212,000 167,000 HOV 11,000 - No Build General HOV Express Express - - - 79,000 Purpose Total 163,000 244,000 223,000 246,000 SH114E HOV 2,500 8,500 9,000 9,000 Vehicles Per Day Vehicles Per Day FMo IX eases faon olDiu sCrrarion (we 4 Li ®; Direct Connector ®. \� Improvements Reduces Congestion - , Relieve Congestion on William D.Tate on Local Streets No Build General HOV Express East-West Purpose No Build General HOV Express Connector 95,000 ErIM 82.000 79.000 Purpose N.Airfield 19,000 EICE 5,000 2,000 Direct Connection - 69.000 74,001 69,000 Freeport Pkwy. 22,000 KIM 9,500 9 000 Wm.D.Tate 54,000 23,000 21,000 23,000 SH 26 63,000 50,000 54,000 52.000 Vehicles Per Day FMQ '�1e1ion i 1.J\ Vehicles Per Day c •t 5�„'0^ ®, lio Improvements Result in ELM Arterials Better Utilization of " °""".' Improved Throughout Adjoining Facilities Study Area No Build General HOV Express No Build General HOV Express (lIllose Purpose Purpose Lane Lane IH 635 86,000 105,0s a 05,000 102,000 Freeways 3.0 Million 4.0 Million 4.0 Millio 4.0 Million International Arterials 2.0 Million 1.0 Million 1.0 Million 1.0 Million Pkwy. 168,000 234,0#I 231,000 231,000 Total 5.0 Million 5.0 Million 5.0 Million 5.0 Million SH121 N 126,000 164,000 163,000 165,000 Vehicle Miles of Travel T.-�-� Vehicles Per Day FDR � p FM. ®, ;1110 Build Alternatives ®i 'l Access to Reduce Hours "'°'' Existing Facilities of Travel No Build General HOV Express Purpose Lane Lane No-Build Reduced (Congestion) General Purpose Improved Freeways 57,000 69,000 67,000 69,000 Arterials 80,000 59 000 61,000 59 000 HOV Lane Improved Total 137,000 128,000 128,000 128,000 Express Lane Improved Vehicle Hours of Travel C 5 L. ®, \I Multi-Modal & ®/ 1110 Impacts to Operational ,,,,..,rr. rr.r Traffic Weaving Flexibility i:'d!'.- ,11.3;'ls for r ._,_. T e`f c Pattern No-Build No Change - •,-9es General Purpose No Change No-Build None None HOV Alternative No Change General Purpose No En Express Lane Improved HOV Lane m No Express Lane m No FDA ®,- I, C Average ®1 sac Annual Benefits Speed (mph) Person-Hours No-Build General HOV Express (61., Purpose Lane Lane No Build General HOV Express Freeways 51 MI 54 0 Purpose Lane Lane Total 34 40 39 40 Total 3,422,000 3,175,000 3 462 000 oJrw foo r.rrcnIVA c i..,ce rirrc,. ®, , Annual Benefits ® , , Engineering Dollars/Year °:;r Criteria General HOV Express •Constructability Purpose Lane Lane •Cost and Financing Total 34,222,000 31,753,000 34,617,000 • Physical Constraints • Right of Way L 6 L Constructability ®' ® Financing ® Creative Considerations Opportunities No-Build Not Applicable No-Build Not Applicable General Purpose Less Complex General Purpose None HOV Alternative Complex(Ramps) HOV Alternative Yes (Transit) Express Lane Less Complex Express Lane Yes (Transit,Toll) ®' ® Order of Magnitude ® Iti Physical Construction Cost Constraints (111re No-Build Not Applicable No-Build None General Purpose $5.9 Million/Mile General Purpose Normal HOV Alternative $8.7 Million/Mile HOV Alternative Extra at Access Express Lane $6.6 Million/Mile Express Lane Normal FDA D ono:" ZBi7 ®' ® Right of Way ®�' �� Summary Requirements of Results No-Build Not Applicable -Reduce traffic on local streets General Purpose Minor -Increase use of proposed SH 114 HOV Lane p (east of Belt Line Road) HOV Alternative Minor(Fly-overs) -Accommodate year 2020 travel demand Express Lane Minor -Improve Regional Air Quality -Have Limited Displacements/Right of Way F a OM pc ranchIM DM, or Iia.paranen C 7 L ®, \� ®; ,C Where Do We Go From Workshop Here ? •Narrow down Local Access Options • Discuss Interchange and Access E Present Local Access Scheme to the Community for Consensus. (August 1999) Options Within the Segments •Refine Preferred Alternative and Access Scheme • Reconvene to Summarize or Present Preliminary Design Schematic and Environmental Assessment to the Community for Consensus. (July 2000) F^R ®/, �1:1 Work Groups im Reconvene and Summarize Workshops Questions FDA FUR. 8 City of Southlake L, Chamber of Commerce Report • ut1 . - Date: June 10, 1999 Presented To: Chamber of Commerce Board Prepared By: Economic Development Staff- Greg Last, Dave Dickson Following are selected items of interest related to economic development in the City of Southlake. RECENT DEVELOPMENT APPROVALS • March 23, 1999: Council approved the rezoning and site plan for Barton House Uncommon Care, Inc. on the west side of North White Chapel Boulevard approximately 240' south of Countryside Court. Applicable zoning is "S-P-1" Detailed Site Plan District with "0-1" Office District uses including a personal care facility for Alzheimer's patients. • April 6, 1999: Council approved the rezoning and development plan for Chesapeake Place at the northeast corner of the intersection of South Pearson Lane and Union Church Road. This residential development involves 54.95 acres and will feature 80 lots and 11.56 acres of open space. • April 6, 1999: Council approved the rezoning and site plan for Southlake Town Square, Phase 2, Block 10 on the east side of North Carroll Avenue across from Ownby Lane. Applicable zoning is "S-P-1" Detailed Site Plan District with "C-3" General Commercial District uses including an U.S. Post Office and associated outside storage. • April 20, 1999: Council approved the site plan for $1.25 Dry Clean Super Center at the south side of East Southlake Boulevard approximately 250' east of Crooked Lane. • April 20, 1999: Council approved the rezoning and site plan for Primrose School at the northwest corner of Davis Boulevard and Union Church Road. • On May 4, 1999: Council adopted a Tax Abatement Policy, which includes guidelines and criteria for tax abatement agreements. • On May 4, 1999: Council approved the designation of Reinvestment Zone Number Two which includes 150 acres for the Sabre Corporate Consolidation Project. • On May 4, 1999: Council adopted a Tax Abatement Agreement and a Chapter 380 Agreement with The Sabre Group, Inc. for their Corporate Campus Headquarters Project. (bow Chamber of Commerce Report June 10, 1999 Page 1 • REGULATORY ISSUES • Landscape Ordinance Revisions: City Council has approved the first reading of the revisions to the Landscape Ordinance. It is anticipated that the second reading will be on the June 15, 1999 agenda. Staff contact: Keith Martin, Landscape Administrator, ext. 848. STAFF PROJECT UPDATES • Local Option Election Initiative (formerly Wine Sales Initiative): The initiative advocating changes to allow a city in two counties the right to hold a local option election has failed in this legislature. This initiative would have allowed the City of Southlake the ability to hold an election to determine whether or not we should be allowed to sell wine in the grocery stores. We anticipate a more aggressive pursuit of this initiative in the next legislature. Please contact the Economic Development staff should you have an interest in becoming involved. • Traffic Count Update: Comprehensive Planning staff is working with a private firm to complete the 1999 Traffic Count Report which should be available in the next couple months. INTERESTING DATA AND OTHER INFORMATION • Bond Election: Voters approved all three propositions of the traffic management bond election held May 1, 1999. The propositions were: $17.3 million for street intersection improvements; $2.2 million for enhancements to S.H. 114 interchanges; and $4.7 million for hike and bike trails. • Recent Appointments to Boards and Commissions: On May 18, Council made various appointments to various boards and commissions. Highlights include the following. Planning and Zoning Commission: Michael Boutte, Kenneth Horne, and Dennis King. Parks and Recreation Board: Cara White, Lisa Stokdyk, Bill Kemp, and Mary Georgia. Southlake Parks Development Corporation: Rex Potter, Debra Edmondson, Sherry Berman, and Cara White. Zoning Board of Adjustment: John Terrell, Ralph Evans, John Smart, and Ron Troy. (alternate). Building Board of Appeals: Theresa Lyons, John Reynal, George Dalton, and Jim Johnson (alternate). • Mayor Pro Tern and Deputy Mayor Pro Tern: On May 4, 1999, Councilmember Gary Fawks was appointed Mayor Pro Tem and Councilmember Ronnie Kendall was appointed Deputy Mayor Pro Tem. Each will serve for a one year term. • Commerce Traffic Signal: On April 20, 1999, Council approved the award of bid for the installation of a traffic signal at East Southlake Boulevard and Commerce Street. • Continental Boulevard Reconstruction: On May 18, 1999, Council approved design alternatives for Phase I reconstruction of Continental Boulevard including • Equestrian Trail: On May 18, 1999, Council adopted a resolution supporting the concept of an equestrian trail around Lake Grapevine, and endorsed a grant application for improvements to the Bob Jones Park trailheads and Walnut Grove trails. L Chamber of Commerce Report June 10, 1999 Page 2 • Cable Television and Franchise Transfer of Control: On March 23, Council approved the transfer of control of cable television system and franchise from Marcus Cable to Paul G. Allen. • Residential Permits: 53 issued in March and 53 issued in April; average value for 1999 is $288,866 which is 6.9 percent above 1998. These are the lowest totals for March and April since 1995. For fiscal year-to-date, residential permits are down 19.4%. • Commercial Permits: 2 permits issued in March including 6,216 SF at 465 West Southlake Boulevard for Dana's Dance Studio and 5,039 SF of professional office space at 1500 Corporate Circle within SouthRidge Center. 2 permits issued in April including 16,735 SF of office/warehouse at 2100 Greenwood Drive within North Davis Business Park and 2,866 SF at 2305 East Southlake Boulevard for Taco Bueno. Since January 1999, over 1.146 SF of new space has been permitted on Southlake Boulevard; this total excludes all buildings within Commerce Business Park and Shurgard Storage. • General Fund Sales Tax Revenues: First Seven Months fiscal year 1999 collections totaled $1,726,105; Fiscal year 1999 is 22.8% over the same comparable period for FY98. ARTICLES OF INTEREST • Dallas Morning News - www.dallasnei s.corn • Dallas Business Journal - tii•iti'w.anicitv.com /dallas - 4/30/99, page 29: Tarrant County "Real Deal" (Sabre) - 5/28/99, page 6: Group continues push for S.H. 114 improvements • Fort Worth Star Telegram - icit'w.star-telegram.com - 4/29/99: Sabre to build campus in Southlake • The Business Press - dfwbusinesspress.com • Grapevine Sun - • Southlake Journal - STAFF CHANGES • Resignation of Curtis E. Hawk: Curtis E. Hawk, City Manager, has resigned his position as City Manager. Billy Campbell, Director of Public Safety, has been appointed City Manager. • Resignation of Kate Barlow: Kate Barlow, Economic Development Specialist, resigned as of June 1, 1999 in order to spend more time with her family and young children. Kate has worked very hard over the past years and has established many programs and resources for economic development. Her contributions will be missed. We wish her the best as she enjoys more time with her family. For further information contact: Department of Economic Development Phone: (817) 481-5581 / Fax: (817) 251-9051 (Note: new fax number) Greg Last, Economic Development Director, ext. 750 Dave Dickson, Economic Development Intern, ext. 801 Copies To: City Council, Planning and Zoning Commission, Carroll ISD Board of Trustees Billy Campbell, City Manager Chamber of Commerce Report June 10, 1999 Page 3 CityManager's Report June 11 1999 outhi°k- I pcoming Meetings City Council Meeting June 14, 1999 June 15, 1999 Special Park Board Meeting The following items will be addressed at the regular City Council meeting on June 15. 7:00 p.m. Council Chambers Consent Agenda: A) Approval of minutes of the June 1, 1999 City Council Meeting. June 15, 1999 B) Authorize agreement with SW Bell regarding the City Council Meeting Telecommunications Ord. C) Res.99-054,Amend representatives with TexPool. :00 p.m. Council Chambers D) Res.99-049,Appoint ZBA to fill unexpired term vacated by Ron Troy. F une 17 1999 E) Res.99-050,Appointments to Teen Court to fill expired terms of Rick Stacy and David Harris. lanning and Zoning Commission Meeting F) Res.99-051,Appointment of a Health Authority and :00 p.m. Council Chambers designation of a Health Officer. G) Res.99-045,Support grant application to the Texas Forest Service for Senior Tree Farm#3. rug and Alcohol Awareness Committee H) Consider request by Women's Division of the Chamber of :00 p.m. Senior Activity Center Commerce to hold a circus at Bicentennial Park in 3/2000. I) Res.99-053,Clarify committee membership to the Joint Drug and Alcohol Awareness Committee. , a 22 1999 J) Res.99-044,Appoint Councilmember Patsy DuPre to the Joint City Council Meeting Utilization Committee. K) Res.99-052,Support of establishing focus groups between J,er p.m. Council Chambers - Topic: CISD and the City to study projects of mutual interest. Rezoing/Concept Plan for Sabre Group Ordinances, second readings, public hearings, and related items: June 23, 1999 A) Ord.740,Issuance of Tax and Tax Increment Surplus Revenue Library Board Meeting Certificates of Obligation. ' 7:00 p.m. Council Chambers B) Ord.735,Requiring that persons under 15 wear a bicycle helmet while riding on public ways. C) Ord.544-A,Amendments to Landscape Ord.544. June 24, 1999 D) Res.99-046,ZA 99-050,Specific Use Permit for special events associated with Downtown Southlake Celebrates.(#8) Capital Improvements Advisory Committee E) Res.99-048,Specific Use Permit for outside storage of plants 6:00 p.m. (orientation for new members) for Wal-Mart.(#8) 7:30 p.m. (meeting) Senior Activity Center F) Ord.480-312,ZA 99-032,Rezoning and Concept Plan for Southlake Blvd.Presbyterian Church. (#13) G) Res.99-047,ZA 99-033,Specific Use Permit for"Mother's Day 0141 SPIN Executive Committee Out"program for Southlake Blvd.Presbyterian Church.(#13) jiEC go 5:00 p.m. Administrative Building H) ZA 99-035,Revised site plan for Holt Dental Care.(#10) Resolutions There are no items on this agenda. Town Square Events Other items for consideration: June 26 & July 3 There are no items on this agenda. Picnic in the Park - 7:00 p.m. Other items for discussion: A) Review of"Future Dreams"statue. Community Independence Day B) Cross Timber Hills utility easement acquisition update. elebration - 2:00 p.m. : g'your family to celebrate the Fourth of July at Town Square. Both events will feature children's activities, arts &crafts, refreshments, and a performance by the Lake Cities Community Band. There will be a low-level fire works display on July 3. Planning & Zoning Meeting Cable Programming Schedule June 17, 1999 The cable channel 7 . ' The following items will be addressed at the Planning and Zoning Meeting X O g equipment has on June 3. Consent Agenda '\Or recently been ZA 99-044, Final Plat for Remington Addition. l installed in the Regular Agenda — '‘Ic‘ ZA-038, Rezoning of 1581 Randol Mill Ave. from 1Administrative agricultural to residential estates. Building. Due ZA-99-039, Rezoning of 1581 Randol Mill Ave. 1 to the change in location, from agricultural to single family residential. airing of meetings is somewhat behind ZA 99-040, Plat showing of 1582 Randol Mill Ave. ZA 99-056, Rezoning and concept plan for Sabre schedule. The schedule is as follows: Group Campus, property on SE corner of intersection of SH 114 and Kirkwood Dr. form June 8 - June 13: 6/1 City Council residential and non-residential to non-residential June 14 - June 17: 6/3 P & Z and offices uses. June 18 - June 22: 6/15 City Council June (Za cep a Sat The regular schedule for airing the y City Council meetings will begin the Texas Motor Speedway Friday after the meeting, and terminate the following Tuesday. The Planning.' It's that time of year and Zoning meetings will air ■�r1 „, again. The summer Wednesday after the meeting through �1�N N!m„ heat, SH 114 traffic, Sunday. Meetings will begin airing at N S and . . . NASCA R 6:00 or 7:00 p.m., depending on the truck and IRL races length. The exact programming will fill the Metroplex. schedule will be displayed on the The races will take place Friday June 11 and electronic bulletin board on cable Saturday June 12, 1999 in the evening. Even channel 7. though ticket sales are slower than in the Please contact 481-5581, ext. 710 with any questions or comments regarding the cable channel. previous years, approximately 80,000 - 85,000 spectators are expected. The Traffic Division will work on Friday and Saturday to Musical Chair help control the large volumes of race fans Jazzercise Demonstration traveling through this area. The goal is to June 28 @ 1 1 :00 a.m. get -traffic through Southlake as quickly as A six-week offering of Musical Chairs possible. The race lets out anywhere from 'I" Y Jazzercise will be offered on Mondays in � 8 p.m. to 9:15 p.m. Have fun, and STAY July. This Demonstration will give you a ..,- COOL!! preview of the program, and also an opportunity to register for the classes. Stay fit this summer . . . Jazzercise! !! City of Southlake,Texas 1 June 3, 1999 Resubmittal Meeting PRESUBMITTAL RESUBMITTALS CASE DESCRIPTION 99-030 SITE PLAN The Children's Courtyard Location: On the east side of Byron Nelson Parkway, approximately 500' south of East Southlake Boulevard(F.M. 1709) Current Zoning: "R-PUD" Residential Planned Unit Development Applicant: David Fisher&Architects Owner: Realtex Ventures, Inc (lir va��69-�7,ro.�o TO ILL L UD ®•'emu' -I�i11lBclIIILAL mug • LLL '-- -- --�j--�j---%—�—/--- suc ----- ------ iomaawma — WILL t 9A9lIIIOIrLTYrrI► WILL rLr/p11•IL GmGm= V LA LLL I r61 ILLUIx I VHLAOMTA ama"UILRML WILL VBNLW MR11I EARRI6M VJ-P. ; F� LOTIIR, ■DO(60 i TIIINLIOIIAOOfIrMt.. rue CALAOJ0E4%N - I 4101111311' DOOMl91�OAL W�D.-11[ Ai • R I DAT.C.T. s I W ILL I LJIr1 r�r 91rg1AmIO11NIWi I arrFATAL 11 �gms I 1 14 I I RAYIILMI I 1140 I I faontwLrL AIIr1101f� I lOm-■EIOIIMr LIJL-FRINIImsI1Wc rWwARiLl*Ir I L J L6LIa I I r ronrm woman I I Rww I IISM Boom r#IiW1n I A UAQ81 Q E I 9 I; I I I CH6.O OEVELOPA1@R CENTER, ■ I110d 1rm4NMprY I I i �T� r�L ?:Q�.:. �:... ��41f(�:?:�:iic:•:c. � I oLrrrrrWlrrfa�f �I�IAImflrWAlr I M0101011f JIM _ � CAL �•��"'�LO' M ,IMr171 NrEN uma IMRM � MID/ mumm OLY =�. ITN�aNa p I roDlLawL, �' �l �L `'T /�� IM110 -y •p Trw , _ B�H •� L�ETI 14 fto 1 Y CRYOPEOURLMEE MlmRwrO OR4OL' • • ` GALA.�.41MG 2flf®Sf L.UD..GRYGPsounfAM TA�.ATDfM EXISTING ZONING: PUD /1 480-M (C2 USES) LAND USE DESIGNATION: RETAIL COMMERCIAL GROSS ACREAGE: 2.6e7 ACRES (117,0]0 SF.) NET ACREAGE: 2.6e7 ACRES (117.030 SF.) NUMBER OF PROPOSED LOTS: I PERCENTAGE OF STE COVERAGE: 9.95% AREA OF OPEN SPACE 1.111 ACRES (79.000 11 PERCENTAGE OF OPEN SPACE: e7.51% AREA OF IMPERVIOUS COVERAGE 321,024 IF. PERCENTAGE IMPERVIOUS COVERAGE: 32.40% (7OX MAX.) AREA OF OUTSIDE STORAGE 0 - N/A PERCENTAGE OF OUTSIDE STORAGE 0 - N/A START CONSTRUCTION: AILY 1. 1999 FINISH CONSTRUCTION: OCTOBER 1, logo PROPOSED BLDG. AREA: 11.650 IF. (REDO. FOOT PRINT) PROPOSED FLOOR AREA BY USE OFFICE 720 S.F. CLASSROOM 11.9e5 IF. MECHANICAL/JAN./ETC. 7.348 S.F. TOTAL 20.053 IF. MAXIMUM NUMBER OF STUDENTS 300 NUMBER OF STORIES: 2 PROPOSED SLDG, HEIGHT: 29' (UBC) PARKING: (1 SPACE PER 5 CHILDREN) REQUIRED: 60 SPACES PROVIDED: STANDARD - 57 SPACES H.c - 2 SPACES KC VAN - 1 SPACE BUS - 1 SPACE TOTAL - 61 SPACES REQUIRED LOADING SPACES 1 PROVIDED LOADING SPACES 1 LAMMIMTA M710t! SUMMARY CHART - BUFFERYARDS LOCATION LENGTH YADTH CANOPY ACCEN FENCE /TYPE TREES TREES SHRUBS SCR ING NORTH - SOUTH EAST f0WEST' HI -HEDGE NOTES: 1. WHERE PARKING IS PROVIDED BETWEEN THE BUILDING SETBACK LINE AND PUBLIC R.O.W.• SHRUBS OBTAINING A MATURE HE30HT OF THREE FEET (S) OR GREATER ED MUST BE PLANTAT A MAXIMUM SPACING OF THIRTY INCHES (30-) O.C. CONTINUOUS ALONG ALL PAVED EDGES OF THE PARKING OR DRIVE AREAS 2. A MINIMUM OF 5D% OF ALL CANOPY TREES PLANTED ON THE SITE MUST BE 2' IN CALIPER AND 50% MUST BE 4' IN CALIPER. THIS INCLUDES PLANTINGS IN BUFFERYARDS AS WELL AS INTERIOR TO THE SITE 3. VADTH OF DRIVEWAYS WERE DEDUCTED FROM THE LENGTH OF THE SUFFERYARD F PLANTS CALCULATIONS 4. THERE ARE NO EXISTING CANOPY TREES ON THE PROPOSED SITE. 5 - A 6 10 3g NONE ' 5 10 3e ONE 5 - A S 10 38 NONE 1C - 'F1 9 18 24 Fl I - g 18 24 8 TYPE Ft' 2 4 14 HI -HEDGE SUMMARY CHART - INTERIOR LANDSCAPE LANDSCAPE - SF. % IN FRONT OR SIDE CANOPY TREES AGENT TREESSHRUBS GROUND COVERAREA S.F. REQUIRED 5.e25 752 10 19 97 583 IF. PROVIOED 6,240 100% 10 19 97 750 Sr. OWNER: - REALTEX VENTURES, INC. 1825 NAMBLEDON ROAD ARLINGTON, TEXAS 76017 TEL.- 817 784-9947 FAX- SW 4-68-9521 ■ DAYM )EMM t ARCEMZM Aretllram• - mr..1.L - purrs-rr wpu�i►w SITE PLAN 0 71999 THE ENS CHILD LOT p JUN PHASE III, R, BLOCKR 60 TIMARRON ADDITION, PHASE 5 SOUTHLAKE, TEXAS (TARRANT COUNTY) MARCH 22, 1999 BENCHMARK 10 30 60 BOX CUT ON TOP OF INLET AT NORTHWEST CORNER OF LOT 4. ELEV.-642.07 MR W Ci RAILROAD SPIKE IN 24. OAK TREE ABOUT -w 0 20 45 90 60 FEET SOUTH OF SOUTIMKE BOULEVARD APPROXIMATELY 360 FEET EAST OF NORTH SCALE: 1' = 30' EAST CORNER OF LOT 3 ELEV.-627.11 QC ft WOW 4.411 4Af • 'i r y ,Irf r1 4•+ rJL vJn aar r I1� Ae L® RL'V®ON8 1 4/12/00 2 5/10/99 3 6/07/09 am Ix1M1>eTm: ImTM MA%W Ar. JSM�, Im SHEET NO. 1 OF 7 SP1 Zr4A JG11)M: em 12 OF—. 01 FRONT ELEVATION SCALE, V6' = I'-0* &CALL'. 1/6' = P-O• SECOND FLOOR PLAN SCAM Vb' �p J U N 0 71999 E- U ti U i oc? e A A oOR o O aFA U 114 cv W x E- mom W x Ei ?T L\L\ +ff Ya`f � • w f {f t �fr \r M1�4 IX Wo avrf®AW wo RBVMMNB a e/m/eo LBO comnmm "M xa=&%ifff SHEET NO. 4OP1 A101 t 01 RI&HT SIDE ELEVATION FIRST FI _De)R A AN SECOND FLOOR PLAN SCALE. 1/6' • P-0' f WCQ J U N 0 7 1999 O a� CQ W �a a �z� �o W x Ei i Mi II�t � !IL YtD PV ► Om /10 YOFO asv�oas a //07/w ewe cowenrt>x SHEET NO. 8 OF '1 A102 I-11- 1 TDA.. id--r P.P. CW-I* TIon. Ooa Pr. n., REAR ELEVATION SCALE: 1/8' , V-O' 'IR5T FLOOR PLAN CALE. 1/6' = P-o' JUN 0 71999 � SECOND FLOOR PLAN SCALER Ue•-. r-0• En E- E c O a 02 O O z wzo rporn K r �i ee41 � o�wnovrmsnam ', 3C91�W18 I'�, a e/a�{ee sir we+mns SHEET NO. 60P7 A103 a+A=NO., oam TGlL. P.P. rcn. �r. 01 LEFT SIDE ELEVATION e-AI C. lJA- _ 1- FIRST FLOOR PLAN WALE, 1/6' - V-V FF--- 0 SEWN? FLOOR PLAN AEC'p JUN 071999 U2 E-+ U E m +C x WhT• rl� 0� O FJ.� 07 w.0 =; �a a - v A O aaq a4 EE- C�2 � o �zE-" wz0 "TV. us= am, ifte SHEET NO. OF , A104 VALE" 1/6' • r-O" City of Southlake, Texas I Recent Submittals for the June 10, 1999 Pre-submittal DRC Meeting CASE DESCRIPTION 99-057 REZONING/DEVELOPMENT PLAN Crown Ridge Addition Location: On the west side of North White Chapel Boulevard, approximately 700' south of Bob Jones Road Current Zoning: "AG" Agricultural District Requested Zoning: "R-PUD" Residential Planned Unit Development Applicant: Huitt—Zollars,Inc. Owner: Southlake/Solana,Ltd. 99-058 REVISED PRELIMINARY PLAT Eagle Bend Estates,Phase II Location: Along Eagle Bend, approximately 1,500' south of East Continental Avenue Current Zoning: "R-PUD" Residential Planned Unit Development Applicant: Carter& Burgess, Inc. Owner: Westerra—Timarron L.P. 99-059 SITE PLAN (kw Carroll I.S.D. Addition No. 3 Location: On the northwest corner of the intersection of North Carroll Avenue and East Dove Street Current Zoning: "CS" Community Service District Applicant: Cheatham and Associates Owner: Carroll I.S.D. 99-060 FINAL PLAT Lots 7 & 8,Block 3, Phase II, Diamond Circle Estates Location: On the south side of Emerald Boulevard(F.M. 1709), approximately 500' west of Diamond Boulevard Current Zoning: "SF-1A" Single Family Residential District Owner and Applicant: Bob Stevenson 99-061 AMENDED PLAT(STAFF REVIEW) Lot 7R1,Block 3,Monticello Phase III Location: On the north side of Kingsbury Way, approximately 150' northeast of Wyndham Hill Lane Current Zoning: "R-PUD" Residential Planned Unit Development Applicant: Loyd Bransom Surveyors, inc. Owners: Steven and Monica Jorns L ='OO* r ' was' e�b•1re••s�s4e-�e�esa"e-es�p- _ _ _ _ - _ °o°e°eeeo o ��o° o eoee°epoeopo°s o e e s° o e s o e o 0 opo a apo°oeeeo� o e e o 0 oeo oeo°e s e o e e e epee 1 `♦ �OpOOo° ,try o 0 a ,'�•• `�°Cep ya \ ♦Opp, t 3 2 ♦\6 \�a°; 1 o1 f BLOCK x 1 ZI 3 I_ 41.On IF. A I I 1 W, U4-' t I� 46,1po ss. i4 I N 89'S8'40" W 397.17' N 0750'45" E - 99.46' W. H DOWNING ZORI4YG : AG N 257T 35- EN 46.92' N 2525'3,C aE 43.12' / 1 20r aX- All -__== 3 1a34o sF. I I 1a34o ss. 1 1 6 I ,•zts ss. I I I I1a34o ss. 7 2 1•.234ss. _nY__I i _Air _1 y-113• 1e.34pss. • _ n atLs ss rY - s�' °h �J y _ I _ _3• - s.fse ss -_ _= I 1,r _ ,1� _ 1 _ ,Qp,�, z y Yi I� -='' - 1 c ,WC I NoR992 I _ per r1%E 4 I I s 1 1/ 13.007 IF. 13.057 Sr. • _ _ IIIII IF. I l m IF. 7 to i 15.274 IF. 1 \ 1a12• &F. 1 Im I I p 1 BLOCK 'Ei L_ / �Sa04 IF. I I 13.414 &F. / 'pJ 01 IAA¢S L WA TTS, 61• AL RVIiII,II4B PRUIIT V ZONING: AO I ZONING: AG ° tt 10 Pi 1 1 f gJ N 1 0 12 1&197 sF. 14117 IF.1 i 13,117 3.F. 6 / ta6M IF. I i 1•.,•• sr. ,Q-� _ F-21r ae wce / I 1 'FL +i• �_I��*� it 1yn:F. 1"78IF. ° 2 1 ysn ss. \14• a 17194 IF.ISAW Ir. - - 1 - • \ \ op BLOCK M' 1 7 \ ` i 19476 IF. \ °ee I 20 If / \ 1744 IF. 17.414 IF. �r 17.934 sr. ' - ` 1a0o7 IF. ♦ ` o° ♦ \ 2 EDWIN P. HE]NSON ZONING: AG I W.D.B I I ZCININI I. I I I I 1 I GRAPHIC SCALE II (Nr Far ) I I t le4 - t•• !L 1 1 S 89'3 '20' E 857.31' - - - - BLOCK "A' i 2 3 4 N.434 IF. 44.045 IF. N.033 S.F. 44.0114 IF. VICINITY MAP N.TS. s f 7 44.074 S.F. 1 .. 4 IF. 1 .4.09. S.F. 1•.374 IF \ ap J -• \ is \\ \ \ ,aoo7 IF. 16,375 &F. \ \ \ IF. 6 \\ _ po _ - � 1se:f IF. 1aoe� sr. �� \♦ \\. \ �s\ 3 `\F\\ _Iu•ss e7L �4s 7 yu------,.s--- po w_ _tri- 3 I {. \\ \ 1s t'. \ 7\' 7.0Q'ans S.F. - - - - - 130 `\ \ \\ i 6.007 S.F. ,r.37et• SF.\-�e c�izw7 aamrrGBIr_�r7� 0° 2alff L. 21.513 IF. poo BLOCK'C" 1S.374sF. \.,a007 IF. 11 14t'--..L41L ---u,'_- 141' tat• ,a• ----- ,o ,aaat 14 IF. \\ fk 16.376 S.F. "Er\\ 11 BLOCK ' „ 1 N 89 53'S6" W 420.00' 2f.7>" IF. 22133 IF. 1 \ 1 \ 1 1 s iS-- -,:' \N \ \ 1� ( 1' 16.374 Se 7 s 9 10 11 12 a 14 15 LLNNIE JOHNSON ��r ♦ 9 6 \ \ \ \ IN u 1.. 1 \ A433 IF. 47.621 IF. u,204 S.F. 43,no S.F. 43.n0 IF. 43.no &F. 43.nO S.F. 43,710 IF. 41710 S.F. ZONNG:AG 1 ;� \- 21.666 SF. 14.31 IF. \\ 1 17,43f IF. 13.652 211.63' NDTEs: 1. EXISTING ZONING: AG 2. RESIDENTIAL STREETS TO BE TYPICAL 50' R.O.W. SECTION PER CITY OF SOUTHLAKE DETAIL UNLESS OTHERWISE NOTED. 1 ALL STREETS ARE TO BE DEDICATED TO AND MAINTAINED BY THE CITY OF SOUTHLAKE. 4. ALL EXISTING STRUCTURES TO BE REMOVED. Q ALL AREAS ARE APPROXIMATE. AREA SUMMARY RESIDENTIAL LOTS AND 83.69X 5121 ACRES RESIDENTIAL RIGHT-OF-WAY COMMON OPEN SPACE 7.74X 4.91 ACRES PARK DEDICATION 4.04X 2.56 ACRES NET ACREAGE 95.67X 60.66 ACRES MAJOR STREET RIGHT-OF-WAY 4.33X 2.75 ACRES CROSS ACREAGE 100X 6143 ACRES SITE DATA CROSS ACREAGE 6143 ACRES 64 SINGLE FAMILY LOTS 44.90 ACRES COMMON OPEN SPACE 4.91 ACRES MINIMUM LOT SIZE 1-%067 S.F. AVERAGE LOT SIZE 23,313 S.F. DENSITY (OWElUNG UNITS/ACRE) 1.32 ANTICIPATED SCHEDULE OF QFVELOPMEN BEGIN CONSTRUCTION . •A. I • . N 89'37'44" W 2540.89' - - - - - - - - - - - - 7vrm�OtBrs ZCNM : AG LEGEND U.E. UTILITY EASEMENT D.E. DRAINAGE EASEMENT B/L BUILDING LINE PROPOSED PARK RECREATION, AND OPEN SPACE DEDICATION TO THE CITY OF SOUTHLAKE COMMON OPEN SPACE AREAS TO BE MAINTANED BY H.O.A. AND/OR P.M.A. 'oo'oe°oa°oo°oeoo PROPOSED RIGHT-OF-WAY DEDICATION ANTICIPATED EXIST-j PROP. - NUMBER OF CRO55 NUMBER OF COMMON PFRCJ:WT PHASE COMPLETION ZONING ZONING LAND USE I RESIDENTIAL ACREAGE RESIDENTIAL COMMON AREA OPEN DATE LOTS DENSITY AREAS ACREAGE SPACE (D.U./ I JUNE 2000 AD -0 RPUD 84 6143 1.32 11 7.47 11.76 APPROVED BY THE PLANNING AND ZONING COMMISSION OATS CHAIRMAN OF PLANNING AND ZONING COMMISSION SECRETARY DEVELOPMENT PLAN FOR f t CROWN RIDGE ADDITION .''' *�,'•. CITY OF SOUTHLAIE, TARRANT COUNTY, TEXAS 0" LEE Vat RECD J1999 OWNER: PREPARED BY, , LTD. H I TT ODj ' 4 QC SOUT2108H AKEURD 2108 HURD DRIVE, SUITE 200 [ �V j � LJL 1� V DIVE. SU IRVING, TEXAS 75038 MAMA-Zo•Irq•1a p1a1fM1pIArI>f Rfu4r PHONE (972) 550-9395 SAN �cm01-M 0 :10):*161011 all:49YA 6 7 Pam. LIT sTAMN zw ILL r � 1 i 4 I I s = I I _ 1 j� ` EY �,- s - ) N. 9g2 = 1l ; % 1 BLOCK In / IIQ I / 1 II a — — — — — — — — / I 4 1 1 1 I f I / It ee I I I I I I GRAPHIC SCALE 1 r • a r (rear) •+•. ! y,♦. \�` 1 1 I 1 1 l OY lW R I sIC '- ; -- --, -'1 - I 1 1 1 VICINITY MAP I I BLOCK "W l / T20 �� ♦ II n 11 If Is ♦`♦♦ ♦ ♦ ♦ \\\ \ BLOCK W 11 e ♦ \ y 4 50. II , ---- —_3 I e \IQ ------ BLOCK'C. 7 \\ \ \ \\ 14 " \ \ \ 1 ------- t0 BLOCK 'B' JS'sti ---------- — — — — — — — — — — — — — \\ \ 1 \ I \ I \ 1 \ 1 1 7 e + ,o n u 13 u s I A O FM L.E IM DOSTING FIRE HYDRANT —BSS— PROPOSED SANITARY SEWER Q SSMH COSTING SANITARY SEWER MANHOLE 0 C.O. PROPOSED SANITARY SEWER CLEAN OUT O STMH EXISTING STORM SEWER MANHOLE 0 PROPOSED SANITARY SEWER MANHOLE — 8' W — EXISTING WATERLINE 81V PROPOSED WATER MAIN EXISTING WATER VALVE ♦ PROPOSED FIRE HYDRANT —8* SS— EXISTING SANITARY SEWER ~' H PROP. WATER VALVE —.{� PROP. WATER TEE y,\tt tFy '•„t41i t. PROP. WATER BEND (SEE PLAN FOR ANGLE) M _0 PROP. WATER METER AND 3/4- OCIE lLE VEST. COPPER WATER SERVICE e00e3 PROP. SANITARY SEWER �.00 SERVICE AND CLEAN OUR — — — PROPOSED BOUNDARY Qsv�miz-r"%u 2 PROPOSED LOT NUMER PRELIMINARY WATER & SANITARY SEWER PLAN FOR CROWN RIDGE ADDITION CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS I R LEG'D\ a` i 99 OWNER: PREPARED BY.SOUT 21013 H RD / S E. SUITE LTD. 2108 HURD DRIVE, SUITE 200 - IRVING. TEXAS 75038 N,�ZpFreUb B1d11wrdAlal�e�' PHONE (972) 550-9395 � m &As GOO � 0�' \ \ 2OCK u.E r F 2v � I I\ a T---I I ERSTON RIVE / Y / AssIQ /C€i 2W ME . Su I ---- / // i�� fy R�GY \ \ BLOCK "M 1 1 i / / �e 1 ! t E ! / 1 1 \ f I \ T \ 1 ! l to 1 1 ,a \ _--- - - - - 1 1 I b 'Q \� \ \ \\ i \ \ I \ I G19APHIC SCALE �gTLE VICINITY MAP I I I BLOCK 11), 20 r zz 17 1 _ 3V SA 1 —1,a i \ `�� ♦ ` \\ a to \ \ \\\ \ \� _ — — — —• _ — — �— — _ _ — _�— —21 - -----9BOWN RIDGE BLVD. j \\ 1 �\ \ �\ \\ ` r\ - 1 __ 1--- 1- - _ - BLOCK C' ------ I -------------------- .4 ` \ 1� BLOCK W I \ 1 \ 2 1' t t +0 / n +2 u s u 12 12 11 1 I 1 \ \ \ MAJES A LEGEND 2 LOT NUMBER ® PROPOSED STORM SEWER —v— OURB INLET X�,�....,, 0 WYE INLET --sm— EXISTING CONTOUR O-- !�E VEST PROPOSED HEADWALL ��`O0.�. ',• — — 100-YR FLOOD PLAN PROPOSED DITCH FLOV"E ►— PROPOSED pTOI AOPE O.E. DRAINAGE EASEMENT U.E. UTILITY EASEMENT I I 1 I 1 I PRELIMINARY STORM SEWER PLAN FOR CROWN RIDGE ADDITION CITY OF SOUTHUVE, TARRANT COUNTY, TEXAS qq:Cbl' OWNER: PEC'REPAREO 'Y: 1 19 g 9 SOUTHLAKE/ SLTD. 2108HURD DRIVE, SUITE 200 HUM —ADL1eRV IRVING, TEXAS 75038 HMFztum&a MVb-r ArdA-b- PHONF (977) 55A_O'l05 MMd&my Am OAOO 0 Dakt. T~ 7=4 1 1 1 1 i �i N� ...... f.* m Mani wffa .16411 um Amew rfr i Lf� A ss � ns asro.l wooae obs.a r as a Lw u m.><asllrf w.fo-oe ramalu r raT w • a.a u nva L 1Cls I w ras Imw w .s u w..r LSTs a w eae laams.a ua u a u ni Illr•1� w .I}•IE w!•011l.a ! Rif ar a SM BMW Obl l ro iet wanplYa !.t f W .alwlr fa•• w r.0 aaT•T6 w OtlC wf•011l.l Y Gm w 1 4n fLl ro see Islmll.a a sr • mil •••.aL waellll.a Y ffa Y flwil.tlr w Y•e6 ra.O11K p1 W Vf f a/f V •n.fal a•sl. ro .fsac rfOOT4a Y aM • aJl u w .fom Imun.a rn as • w u R1fr +r .rr •fa ro •fo-.e ffnmll.a U• v a.•f • Lr M YLL.Ir • • .f•r r1 ro eoC Rl.pl4l M Y iai ! I•• Y t.fat r. rr.m• ow b w . lmall.a M sa u >a w .n.aall usl f vw b w .rec Rcmv.a r of - w u ..mrTa rasrna wa -rue w a fu u ov cowl — rTa — — rm — a,.cua •sea uo — u _ _ _ _ IIIaY f 4f I.O w bet w]aela.a ] W — IIYr I C•a Yr w ..•ele ansfalaa ! W fOtlR all[ M YPY r.fmlw 1 nR � � � — rr mrr ___ _ _- - _. r aa. r r aar ate• LEDENO CPIF CAPPED IRON ROD FOIJw CAPPED PION P40 SET 75 STREET CRANK LE UTIUTT EASEMENT DE DRAINAGE EASEMENT !L BUILDING L!E NOTESI L WSTOG ZONO" NESDENTIAL PAML 400-0K. EDUSTND LAD DEDOMATONf AEDKAI DENSITY RESDEP-'w 2.ALL r•D104 SETBACK LINES SMALL K PER THE f: Vumt REGULATIONS, ATTACHED TO THIS SLMIAMAL. A&{,L �ALLr K�SpO�i17�Tw�.p�LAEA�(� ��iwAIIRCf oR�vlsKeEJTv WEASOEIITS TS AT P'IEK.IC SITIM S. � T:0�4 M .aMSENS MA TO ME AKAS BRINED L ALL EXISTING STRUCTURES ARE TO K INDADVEL an I uvlMlo. I wm I OI(L I �reo. LJ L- LAID UK 09IMMAIb1I OMM OTT WETS PLAN ANTICIPATED SCHEDULE OF DEVELOPMENT BEOEI CONSTRUCrom Do COMSTRUCTXN FALL IMT SLAV" Im T PRELIMINARY PLAT / rMARRON AMMON Y. Ti EAGLE BEND ESTATES i �i es T NO6 � Y PHASE 2 OUT OF THE i HALL MEDLN SURVEY. ABSTRACT NO.1037 N THE CITY OF SOUTHLAKE.TARRANT COUNTY. TEXAS L 33.TS ACRES/ 40 LOTS 6 COMMON GREENS r r OITNER/DEVELOPElb WESTERRA-TIMARkL. t' . '• 7905 W. VIRCNA PARKWAY MOKDMEY. TEXAS TSOTO t9T21 529-SM FAX C27M SN-SS40 PRRowtom - ►= REM Oar ENQRiEEW CARTER • BYROESS. NC. +'�� Ate_ (a' T9S0 ELMBRO ORIVE. S16TE 250 T cm T DALLAS. TEXAS - T521T `"�'�rtlllX(�� e. m FAX aM 1 J U I '1 V 1 lo MAY.19" 630-OMT r 1 10:11 raj � i i r . } `��1 1 \ ♦ a Ia 5r ':% :,••� . yam\ \ 1 GOLF 1 r.. A. 1�200WrtDl 1, T _ Lwwa_ie ex.aa.wriw _ _ .. . \ ` i__.__4S - ___ii ss �__.:e -. 11 _a . • la.] : 1 i%f ``:�'�/�� f .,,ol `. \i•; r I -_�I--• ---ems-;^os-- -_s:"ia :__.ai--:"iis""_"sae'-: ie �(1 �� h l y � `. •.`.. ....,i il.•1�.1�'•.. ._ i, _._ "'ii : "v ii ._ "'ii _:"_"ai :'""s.s ..."ai •;"'ii.e ": \ \'`� ._,`-.:.,.. ! 1.�.`.''.� \, \�\ --I, •--i.o_:: 'si .. ..•is ____ems =...�� ...._a;� •:____ai ♦•, s'•.'';'. �21 ..... -is ":-_as_: "'ems "_ • "as_: 39 so k P t \ � '•, 1 S �' 1 ; 1 i�,li\c � r zo �Y'l�'SIG�A..''�L°�. 42 1I � •t J,{ \' r BLOCK as 4. FAIN T VIEW TEIMACE 32 .,\``\ 'i ti ```,':ti `.\.1,1'r •..f;.'� 1 I OENSIT LLb `A is IS zs 31 O 27 20 29 30 40 cu NOTES@ �it LEKISTNG ZON01% 011310 MAL RU0.480-0IC . E70sTN6 LAID OEfIONATDII/YEOLY OF3ILTT RESODIT4L 37 Z L/ES �y,y BE PM THE OEVILOP E IIEOIJLATDMS ATT�TE� N�TO��T��KASLILIIMTTAL. ., ./'� ,� ` h J • r ]' �T A& 1w011T-O� A.S,IESDENTIAL LOTS. 4� AND T�NOT ATLOCATED NTr N T OR VIS�REASEMENTS AT FLISM / - �-+.` -�' % _ •• 1 Cd11011 GREEN MIEAS Al1E TO OE S ALL COWON MEAS OHE- j / 1� _ t \ ,� 1 Zl '�- �.' �^ - � ✓ - '�, / s : 'X� 13- 3, is .M �77 ya s AND MANTAIEO BY TIE IIO►EOwMR ASSOC4TION. 6ALL EKKTBD STRLCT{/ES ARE TO K REIIOYE0. 33 )� �`� Cl , eLoc Ez ( BLOCK "E�a"�'° ffi°�uo$ °ides w ewAa a - .:-- I LAU4 I" UK BBsIBB►TOB FROM CRY BIASTC1 aw rs a i , ` ANTICIPATED SCNEMLE OF DEVELOPMENT 32 41 �3l 1.. ; I221 NS ;'' + _� i ♦ � ; BEGIN CONSTRUCTOM Do COTIWCTOII /BC41 O y8 ' \ \� \ t \` J I // s FALL 0" stMER IBM BLOCK B 6 \ ! r '— �•� .�I i TIAL 42 TION Y TA 7 pEDf DRAINAGE AREA v MAP 1iB n LOT I. BLOCK I TAIANIONTi TIMARRON ADDITION ODIfITY R ITu � ' \ \ / _•QOLf �� l i i / .,:� ��`� OA T EAGLE BEND ESTATES SLOW a „ LAKE \ Zcw• \. An Ib 4U PHASE z Lua r[OEaI OE119Jt'�fOdaTIAL • �\ ' WT OF THE ,a \ \ /� i 1 HALL MEDLN SURVEY. ABSTRACT NO.1037 \ N TIE + ,s \\\� \\ \ \ // , i CITY OF SOUTNLAKE. TARRANT COUNTY. n*'AS '7 \\ 1 33.7S ACRES/ 40 LOTS BLOCK _ _ 1 s C0140N GREENS _ _ _ T ` : ' OWPER/DEVELOPM NESTERRA-TYARRp� L.P. � W. J ,a �v `� • _ _ — - - - - V GPARKWAY AS RK N 19721521t-59it FAX 19T2, S"-SS4O ENONEERI CARTER & BURGESS. W_ MIBIaB1MB► me I BNLY 79SO ELMBROOK OR,VE. 94STE 250 V i ti V� vT .A$ i]8-0417 9 —40 V 22 LUDI 12 39. LEGEND PROPOSED SANITARY SEWER WPCLEAN(Xjr PROPOSED SANITARY SEWER WZMANHOLE PROPOSED WATER W/Fft HYDRANT ASSEMBLY EXISTWO SANITARY SEWER WZMANHOLE EXISTING WATER WIFft HYDRANT ASSEMBLY UE UTLITY EASEMENT DE DRAINACE EASEMENT BLOCK 652 LIN ZZ- Omy -.7 CA& Lyst Yf0At1 DENSITY RE AL i .,C32 4 6 BLOCK 1z '37 APPROVED By THE GLA"Tr�. " _ZON'O"r/SAOr, 38 4 33 111. 62 CHAFI W OF ftZ SON SEMTAAY 7 32 40 % 8 5 41 f S4 BLOM x "Ta i M� i cam I Arm I TION 42 7 STA a + 2A PRELIMmaity 53 WATER AND SEWER PLAN 43 LOT [.BLOCK I TMARROIN ADDITION TIALTAMAN" a" COURSE DA CA& Ag" ;!�W TCT AD. 4m PHASE 2 S2 EAGLE BEND ESTATES LAKE z N 1.40"Amm TIAL OUT OF THE HALL ME" SURVEY. ABSTRACT NM 1037 51 �\ IN THE INN 4S CITY OF SOUTHLAKE. TARRANT COUNTY. TEXAS 47 3LTS ACREV ACTS 0LOCX 5 6 COMMON GREENS so 49 ,6 OWNER/DEVELOPERI WESTERRA-TRUA, -p. T90S W.VIRGINIA PARKWAY >1 MOKISMY. TEUS MTO (IT2f529-59118 FAX COMS22-SS40 EMONEEIb TER & OLOWESS.14C. Facumm"T - M OEM &LY CAR ?M 6LM@ftG% ORIVL SUITE 250 DAI I AS TMS M47 043638-045 FAX QW630-O"? 'Imio A -I loon MAY. 19" yyOT1 / 7 0 ^ 1 - - i- MJAL RCAF EF. _ �Ot 9 _ 1 uKNAEL. JEFFER7 CEORCE 3 ^ CCt � 1 1 < M L - - _ _ _ _ - _ LOT 12 LOT 10 - - - _ J 2= N. CARROLL AVE, ., o G I� 1 0 �-^• BITONN, RAN07 w. ETU. OEBBIE L 1 SOU7ILAKE, TX 76092-3109 g .(, gOUA1L CREEK ESTA TES { g 2 G x �. i LOT 11 2601 S OUAL RUN CT. 1 0 ' W V.388-118,P.92, PRTCT , `SOUnkA"X. M 76092-3123 I LOT 2 LU.D. - LOW DENSITY R66DENTIAL � �- T - - - - - - - - - - - - G LOT 1 a 1 ZONED 9r 1A,� V` Q 1 ROSKOS. DAVID ETUX USA I . 1 1 1 �g i NOMAS, J" S. ETUX CAROL 0� 1 $OI� N' CARROLL - 1 .21 W C 1 , . , 71+LAKE. rx 7609x-3109 G LOT 3 I ? "' I ^ 1 BRAOOOCX. CLYN EARL 26W S. OUAL RUN CT. V i7/ ^4 I 1 -- 2602 S. OUAL RUN CT. �y� SOUTNLAXE. TX 76092-3123 V ' I _ __Lo_r_I_7_LLar 16-- S"-TNLAICE, nc- 76o9x-31x-1J89'.�r4 �•4------------".r �R �lEjy-_y,-------�3• 13•, �- VOLUME WIPS, PACE 2281 AW ps r --- - - ARO----_ '- II—" - ANOT, WIILIAM P. ETUX SUSAN L - -i-� jyE 5 SIOE —0 606 VICTORIA LANE ' sOuITR,AKE, TX 760112-3120 �� it ASPNAL PARKIN m i BLOCK A—R 1 LOT10,� --�— W ' . LOT It wr�... ' �(tl In I U X IM1 I VQWE MI7, PACE IOB N W caa I 0.01KU5. RA807 SA, LANE ®� 0 I i x SOU �TX 7A90l2-3119 0� `► 1 J 1 1 uj .- ' VI O 1 QQ m a LOT 12 d 1 VOLUME ION & PACE 2310 SASRAN. STEVEN 811115 SGU LAM 1311 A79092 3119iI BLOCK A—R i In 2,2 _ I PRACTI FIELD Lu 0;1>r j� P l �� K 4 I. a F vpi ss C I lJ �[ O W X ~<K IOO O a _ ^ IS N =1sL� 91 D� t N N 2 ( Ell9W 74 Z I �LO n�6YSk'03 H � ;;; J Ee � o r .r 6 sq. x u.r 11 I 6 � OHC li VOLUME 102U PACE M o aa © lF 1 603 LANE SOU119.AKE. TX 7OM-3119 'I 1 BLOCK A—R y LOT 13 al 1^ - 1 TORIA LANE LOT 14 h N vOl 119M PACE 1265 L MKiIAEL R. 1 BD10 CT. I1 I 75061-9180 - 1 BLOCK A—R 1 I W ti f " s • � l6I o � 1 24 • FRON 48L E- TYPE E BUF D --- A6.----- DEOKA TAUS ' - 'ws►r _ to tC < ili Z LOI 2 I OT 1 Fmr W 1 y7 W ` 3 Ly7 N 1 \ 6 W ` 1 0o O� O < `A�<SM „ Z;a yY0�1 v yG�1I►gg� • UM iG d N,�•x w uj N 16 C y/ W ] f� 1,Z� < E[ 7y�} aW. yj N .�. bI ( c..( < Y11pC W nO �~c• 6 • >22E O ��[ Z y1 a 1�j� �, W ;3F 7 � ,V�•P1 Ail 158 g�� 3ii N E`p<O I-17�`NgN P �� Y GPI\ a osp��gR L.U.0. oEN9 RESIOEII LU.0. + uEDLW 9 RESIDENIAL LU.D; • uE DENSITY RESIOEN7IAL $ <ce W p�FO�W NO .'. Yd1Jn, �I � ^i( a � Itl1. so= N PP. 0 ALW. Caw" W - J TACIIER• PAUL IL EUX DWIE Q. x603 K " PILL AVE SOUIILAKE. TX 17f012-3100 LONE OME DOVE ESTATES CAHINET A, SLIDE 1929 LOT �ior i LU.O. r BLOCK� TY RESIDENTIAL $",EVENS, BILLY MIJR. ETUX STAG _ _ JAM y SOUI�MAKE. TXL76092-3100 P2601 PARKERTX7609COU2-RT I 1 A'OL 3244 � 1 ate• R, DywY 0. EUX ORENOA _ 110o TAVLORIST. SOUTmLAxE. 7" -3311 _ _ I \ ' I OOREII. iRAt105 ETUIL p,N,EST. 1130 TAYLOR ST. OG� I SOWIRLAXL TX 76092-3311 , YLOR STREET i21PP'EL. 11x0 S L & BEVE LY 0. soU7MLAKE. TX 79092-3312 LOT 1 i LOT 2 *�• 1BLJ.S, IIESIEY 0. ETUX LAMA R.2409 K CARR011 AVL SOUTM.AKE. 111 76092-3106 E------------ G� LOT 3 Ap&; 1ERRERA, ANTONIO ETUX PEAR 2407 K CARROLL AVE. iSOUTNLAxL TX 76092-3106 - - I111LLER. JAMES m ETUX KAREN M. 2405 N. CARROLL AYE soutl KE. Tx 76092-3109 I TS I.GIAEL EUX KAREN M. x4o3 N. CARROLL AVE. - - - - - - - - 6 COTTON. BILLY ETUx CNCER 2401 N. CARROLL AVE. SoUIILAKE, TX 7W92-3106 Z Q W 0 h w V Q Q to Z Li !Q I W o i tj N C) LU LAj J II J O 0 J 1 LOT 2 ` 51LiBY, rnA1K s un c oolE Rao `l�O��G w _ Q ua09 N GRA W E t h .S SITE DATA: 2400 N. CARROLL AVENUE 30 ACRES — GROSS ROW DIED 0.97 ACRES ROW DIED 0.78 ACRES 28.25 NET ACRES 4 — MODULAR BLDG (TO K REMOVED FALL IM) VOLUME 8A3.'VPAr1166 ,OV _.,,,,OJOYCE, FRED AND MYEAS. VARY STONE 1017 7RLLIAM 0. TATE AVE. GRAPEVINE, TX 76051-4040 zmm I.UAL - UM USE 1151 E. DOVE 1110. VOLUME 13236, PACE 384 ATRR SAI. A-1311 8HOGA, MAMAS"00111V AREDOV AND 143W STATLER BLVC. APT. 2412 FTW 76135 UAL ZONED � L USE w" Wt L{AlYte UM IIYETX no E•,A �M.!=a 701E i I/IE' Qr� =lltE 11 ■Nla•�,••`"�'I�'�7,91 d •�+IIIIII1111�� SUMXARY CHART ,. '�©�IIIIIIIIIIIIIII1�IIli�.1i,1♦III� ©�®�o�o �_ 000 �K7=771MMN®00© �Z•''� s r�aE�'.�i= ::'�aar7Tr'-T<-,rn►� I SITE PLAN PROPOSED LOT 1, BLACK 1 CARROLL I.S.D. ADDITION No.3 TO THE THE CtTY OF SOUTHLAKE TARRANT COUNTY, TEXAS TRACT$ 2 AND 2C ABSTRACT Ne.346 TAARANT APPRAISAL ODTI CT 10E114C 30 ACRES AS RECORDED IN VOLUME 4701. PACT HE AND VOLUME 4731. PACE 966. DUD RNWRD6, TARRAITT COUNTY. TWAS STTUAT7O1 IN THE J.LWIYLRS suvm Q�r A85TRALT 74 N•. 16,gJ1TAB�W COUNTY. TECAS AAMW1 iLV `ONE70l9 I 7GPDW HL7MS i 1v00L OOEOR (� MBAR, 1R •10Q lust m-229& R 74 MAY 17. IM NEW AOOMON DOWNSPOUT CMU %V EER ST.NORIC SEAM MFG� ROOT Oapoc px� AGA�i 6M 7� ti } L 0 0 \\ No mom -/ \\ / cm KOM We" TUBE STM COIU.RI Mf�B.rID 1iUWE. RE; STRUCIUR41 ;P,f IEO 0" 04 PARTI AL WESTERN ELEVATION 1/8' = P—oe NEW AOOItgM X-r eisre Msr STNIONC XAN Ct![101 MEI. occa9M CW BIDCR VENEER 11E1K ROOT It�ETIL�R00rwm ��.91i B.rIOvENEER - L s / ♦ } r "•s, • • rtNlsM MR* - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - m NE SERE IRo r OrIED - ACt T `B�NovENEER NE" F�IfEl101t DOM rkm STEED cam, t tA.NE. RE: STRt1CTA& BLOO( VENEER CMTE0. TS COIJJMN UBE U STEM 03 PARTIAL SOUTHERN ELEVATION lie' = i' 2 PARTI AL NORTHERN ELEVATION 1/8' = V -o• eae .rr n-r NEW ADO"" ew. ee.�e CW BIOfX VEMEDt t� ti }f rtNISN iL00R \\ i \♦ \♦ i 0,1 PARTIAL EASTERN ELEVATION CA.rise = i•-o' S B 'I SMTTe SN' °!!C --7� .loe mmm • It a.a 214 eW IM7 rAx 2t 4 -2M BMY aT ar trwra tiR ra Yai... •n NRt Coos�tent STRUCT ee.w er .rr •• r.. r Camel tart IE1 .rr.� r.. r Cenral tent Ct Vtl. der M r CRrtuA tart LNIOSCArE ...... ow .rr .. tir Censul tent Tm0 SERVI� o+ s w.. r r.. r 41 U 0 41 O O `� 1 U o °0 0 C 0, Q D c c a W C Y J c W Q. G Q_ d 1 O tn C 0 R O rn W d ° w a U o U SYI ProjKc Na Data• 1 atww Dram or CtrcM.s Ir Reel sl R Sl. 5101 sw o s areaVcl t a0� aaA11s[ KYIImlLET seas t. a' LOT 15R VOL.388-204,PG.61 Lor 14A BLOCK 6 VOL. 388-192, PG. 35 LOT 146 W W SELLING A PORTION OF ANY LOT WITHIN THIS ADDITION BY METES AND BOUNDS 13 A VIOLATION or STATE LAW AND CITY ORDINANCE AND 13 SUBJECT TO PINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. Approved by the Planing L Zoning ConWnisslon oats: ChakfflwL P&Z Secretary: B L O C K q LOT 14 LOT 13 V 0 L. 388-181, PG. 69 n 1/2•IF 7 WI 1 0 G II 1112 IF EMERALD S 89 , 10' 29• 175.06 BOULEVARD 350.30 175.2♦ n N LOT 8 ; LOT 7 'r 43562 SOFT. a e 43561 SO.FT. N B LOCK 3 PHASE II 175 42 V2 IF 175.24 N 69. 10' 29• W 350.66 H A L L LOT 9 5 U R V E Y AB 5 (PRELIMINARY PLATAPPROVED) VICINITY MAP LOT 12 n POINT OF BEGINNING FOR OFSCRIPTION I II P � ✓1 O r N 3 A a 'Y LOT 6 VO O N VI POINT BLOCK 3 IlelF BEARS N89.1029•W 0.30' VOL.388-181, PG.69 687 LOT I VOL.388-177, PG.7 FINAL PLAT LOTS 7 a8, BLOCK 3 PHASE II DIAMOND CIRCLE ESTATES AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS,IN THE W. W. HALL SURVEY ASS. NO.687 2 LOTS A 7123 FT LOT 11 OWN[R: Robert L. Stevenson 2113 Taxco Del a. Carrollton, Tx. 75006 DEDICATION STATE OF TEXAS COUNTY OF TARRANT A 4.N.Ha11SurveyEAbstractrNo. 687. situateds inh hthe Cityte Owneroofa Southlake,tract InCM Tarrant County, Texas, and being ■ portion or the tract described to a deed or record In Volume 10954, Page 1995- Deed Records, Tarrant County, Texas, ■aid portion being more particularly described by motes and bound; a follows; BEGINNING at a 1/2• Leon found at the Northeast corner of the above referenced traet,saia point being the Northwest corner of Lot 6, 83ock 3, of Diamond Circle [states, an addition to the City of eouthlake, so shown on a plat recorded In volume 384-101, Page 69, Plat Records, Tarrant County,Texas; THENCE S. 00-49•-34• W. 248.56 feet along the Nest line of sold Lot 6, to a point in same for corner, and from which said point a 1/2• iron found bears N. 890-10•-29• W. 0.30 feet, THENCE N. 890-101-29• N. )50.66 rmet to a 1/2• Iron found 1n the East line of Lot 148, Dlock 6 of said Diamond Circle Estates , as shown an a plat recorded in volume 386-192, Page 35. Plat Records, Tarrant County, Texas, THENCE N. 00-54+38• [. along the last 1100 or said Lot 148. and continuing along eke [set ilea of Lot 14A. 8Lock 6,so shown on the last referenced plat to • 1/2• Iron found at the Northeast co ease of mete, being the Northwest corner of the herein described tract 1n the South right-of- way line or Emerald Boulevard, THENCE S. 090-10•-29• Z. 350.30 feet along said right -of -ray line to the POINT Of 1390I11111I100 and containing 07123 square feet. 2.00 acres. NOW THEREFOR[ KNOW ALL HIM BY THIS[ PRISENTS THAT, Robert L. Stevenson, the undersigned, doom hereby adopt thls liar deslgnting the above described property to be known ■ Lot■ 7 t 8. Block 3, PMase II,Diamond Circle Istatsa, an addition to the City or Southlako, Tarrant County, Texas, and does hereby dedicate to the use of the publle ail rights -of- way and omaensate as shown hereon. There are no outstanding Rene on this property. WITNESS MY HAND this, day of , 1999 Robert L. Stevenson, Ovner. STATE OF TEXAS COUNTY Of TARRANT BSIORE HE, the undersigned authortty,on this day personally appeared Robert L. Stsvenaon, known to me to be the person whose n awe I. subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL Of OFFICE on the day of 1999 Notary Public In and for the State of Taxes. This Is to certify that I, Walter Y. Ward,a Registered rroletstonal lend Surveyor o/ eke State or Teus, Aare platled the above eubdlrU ton groin a usual ta►ray en the ground; and the all lot Corners, sells points, end points of curve shall be properly carted an the ground, end that this I1sel Viet ,*erectly reprosests that surrey made by as or under ■y direction and soperrtstes. Ya er Y. ar R egtf to red Profasstemal load Sues a Joe 40. 2414 mil"] _ w REC'D J,011999 wttvcr So 0 SO 100 150 Soadt it = 5o' MNEIEtN Lr CD+ La Ct 28000 17LOS S7Q49%WW 172.34 CT 32sA00 9414 34313'/ Sul ai 140MM IJ&W MTIO'1 9/ 33m OWNER: STEVEN D. ! MONICA JORNS SOUINLAICIE. 7EK4S 779092 OMEN REPAESENTA1lm. JErsohaAtlN ARCNf1E1CTS CARL JEPSON 3011 N. HALL S-103 DALLAS. TERN 70219 214.829.9007 I 11 \ a�r %Ri I \ Gl° \G�^ 91.517.1 SF. \ MIN.rf -eoe oo mil. ;�r Nam 1. M =Y d SOU! UK R9■7110 M ow 10 N=/t ISINRRI PSNII 11+m DDI�M = MM 1Of COMWm N11N 119t AOORIOIL 1K MMMM nv A➢OIN NDTfI A1[ w= = Im ovmm IOR OIIa1M IM 71M 80K UK 1W VAALM t SO= 10 INM FIIICTWI FLOW CNFMK OOY MOi 001 aNtll I= NAIL IANI991 NNf 1RMIYa N AOOObMDI IIIIN M i 9nLSN A Paimi ar mw IR M Im NN9= N mm MD 9OND9 N A MNAMOM a Mw I PAR �m ND N "m 10 PSO ND 1RO01Nme d MRNaf MD 4. MNMM P1N11 PIM DLMD1M 10"M M � NI NOaN Pta W N LV M1D P1P9[ R t9DOIDm M al=Q APPROVED BY THE PLANNING & ZONW CONIpSSMON APPROVED BY THE CRY CM"X I � is IM �w OGWKmI w " r�'Qia, UK A u RQN a OP19 lr UW AND a90c OF M,ar N OR 230.13 P07 M llf: OOMDII U9: 9OM�N1 MD IDA $0 MD 1/. fAD NDCII ]. IgIMm10 !!fi IL r IK O/ ND N1f 4 9100I i IIOM9f7010 AM9t S. P= OW 31M POT MM M 0MIMMI M �fml M1f LKM 3. MM WD PIM 9L 10A1 W=N1 lZOId 1 W aS! PIN MD 0ONRMNM9 AM M 7 MO I.Of RM J. IlOI nWA0 PIM IL M faIMIN Of IM01 MOIN = la MOM woumv. DD9 AL M W "m P� INAY /L WAN L JO1M4 AND MOMD1 JOMII. Op 1M[ IM MOD M ADM 70 OMMIMDm 7K Novmvm+R oc l PMOPOMY N IDf 7M. ND{X MOMOOdw FlIW nauAO°Ics�OMufE 1t Iq =pMO fM IOM� 1� M It 00 MDOY OELIDO[ M f1INU W 1WD AT LMM W ONMIY, IONS. IM Iff M OP "M1 smD4 a im" coumff OF sum �uDSRMMO Aunam = na aw pomow LY APPfMm smsM 0. ims AID YOi._. d0101! g10N1 10 ME 10 K M POWS MIOQE MM M All SUM MMa 10 M MMC MW PNf% IMIRMM MD ApMO MM 70 ME 11Mf MIRY ORWIm M UK FOR A[ PUWM I= Oq®OW= M O?RFC O tmm IN IWD MN !K a mu = rds *9 6d <Y MR) AMENDED PLAT IDf M NAOI 7 MONTICELLO PHASE III AN ADDITION TO THE CM Or SOUINLAIO:. TARRANT;COUNTY. pTEXAS ` �N7g7{NR10I,{P/A�/�O V~ cam. 7m . AOOOIOD 10 M 7/�W�P��SI OIM CRY W COM Ml Im1 W=Vk MM IQ Tw MOIRIWff 1IWFAL 0MO M!Y IOfIR MNli AD PW R RO:OIOm I awar A Nns MN9. RAT MM M9. vfai =w wn I LOT W-01-49 TrIS PLAT FLED N CABINET _. SLDE DATED SMIVEYOk DATE 010E: 10®B N. 3vV%w A AME h 119m TVA 79111 MKM MINN: FAM7J31JOIG lift N 10 00=Y 1W A ONM9O 9. NOOIf N. A Iv1D97! r1loPvollil LMD ■fAioW O w9: tots 1• IM mow PUOND M amAIM POM fNall��ll�MINI N AL11ML !MIRY = p CI �SfIL t / �IMA® tll �fq me Im GQj M PLAT COME= 11041121R low smu IM 9Y = an I ! L W I to= NY NMiROM MD axwo pt City of Southlake, Texas • MEMORANDUM June 11, 1999 TO: Billy Campbell, City Manager FROM: Chris Carpenter, Senior Comprehensive Planner SUBJECT: Entry Portal Concept Development—City Manager's Report Action Requested: Staff report to Council regarding the Entry Portal Work Group as summarized below. The Entry Portal Work Group is expected to provide detailed direction to Council regarding the design and funding of a comprehensive portal plan for the city. Background Information: The Corridor Study, adopted in 1995, suggests portals of varying emphasis placed at strategic locations in the city depending on the anticipated exposure they might have. At the time of adoption of the study, it was recognized that the design for these portals would be determined at a later date and that the sketches included were only intended to provide a vision as to the benefits obtained from a comprehensive entry portal plan. We have previously forwarded a"Portal Concepts" summary consistent with the generic approach recommended by the Corridor Study. At that time,the City Council gave staff direction to continue with the "major," "secondary" and "accent features" approach to portal development, but requested a re- examination of the preliminary concepts with regard to structural design and materials palettes. The recommended approach was to develop a concept design work group to formulate these considerations. Staff has obtained a list of persons interested in participating in this group and has included that list with this memo. At this time staff would like to extend an invitation to the new members of the City Council,as well as any citizens they may propose to be on the work group, and set a time for the initial meeting of this group. Please see the attached tables for proposed dates, as well as for a current listing of interested work group participants. Financial Considerations: There are four separate funding issues related to portal development: 1. Land Acquisition Costs for Portal Site(s): It will be a major focus of the work group to prioritize portal site development. There are (11 currently no funds allocated for portal site(s) acquisition. Different C:\CONCEPT6.doc s City of Southlake, Texas issues are at play for different sites, summarized as follows: (a) Davis Blvd. Portal - Of immediate concern is the progress of development on the N.E. corner of Davis @ Continental, roughly 3000 sq. ft. of which was previously approved by Council to pursue as the area for a "Major Portal" (also noted in the Corridor Study). The city initiated rezoning of the corner of this property to "CS" zoning to accommodate the portal use, but that property has yet to be purchased from the developer, who is progressing with his plans for the remainder portion. (b) Pearson Portal - The city currently owns a site at the N.E. corner of Pearson and 1709 available for portal use. (c) Gateway Portal - The developer of Gateway Plaza has indicated that he is receptive to assisting with the construction of a portal feature in the city right-of-way on the N.W. corner of S.H. 114 @ 1709. 2. Portal Concept Design: There are currently no funds allocated for portal concept development. These funds would be used to hire a professional designer to incorporate the ideas of the work group into comprehensive concepts adequate to solicit contributions and determine preliminary cost estimates. The Planning Department is prepared to introduce a new budget cost of approximately $10,000 to accommodate the design of the major portal, secondary portal, and accent feature prototypes if approved by Council during FY 1999-2000 budget deliberations. 3. Construction Document Preparation: There are currently no funds allocated for portal construction plans. Upon completion of the preferred design(s) above, funds would need to be allocated for the preparation of plans suitable for bidding the construction of various portals. 4. Portal Construction Costs: There are currently no funds allocated for portal construction. Costs to construct any one or more of the portals could be financed through the following alternatives: (a) through a new capital expense in the FY 1999-2000 budget, (b) through a donation or fund-raising process, or (c) from a combination of these strategies. L." Citizen Input/ Board Review: Prior input from Council is the directive for this request. Those interested C:CONCEPT6.doc i City of Southlake, Texas in serving on the work group thus far represent varying interests throughout the community. Legal Review: None required. Alternatives: Alternatives to the work group approach have been previously discussed; a "work group" approach is the alternative previously suggested by Council. Supporting Documents: "Portal Work Group Contact List" "Portal Work Group Meeting Dates"(Draft) Article from FWST concerning Trophy Club portal development Staff Recommendation: Staff recommends the following sequence to accommodate portal development: 1. Finalizing the membership of the portal work group and calling open public meetings per the attached schedule (or otherwise to accommodate the work group). 2. Proceeding with the appraisal and acquisition of the Davis Blvd. portal site, fmanced through either capital expense or through SPDC funds. 3. Obtaining a concept design consultant through a professional services contract in Planning Department's budget. 4. Determine preferred method of funding portal construction immediately with work group prior to inclusion in FY 1999-2000 budget, if necessary. Please contact me at Ext. 866 with any items of interest related to the portal development process. CLC Approved for Submittal to City Council: City M Wager's Office C:\CONCEPT6.doc i (kW- Portal Work Group Contact List Name Organization Contact Information Ronnie Kendall City Council City Manager's Office Lisa Stokdyk Keep Southlake Beautiful 481-6903 Mike Lease Keep Southlake Beautiful 329-4241 Rosemary Hutchins Keep Southlake Beautiful 481-2466 Pam Muller Keep Southlake Beautiful 481-6644 David McMahan Chamber of Commerce 329-6996 Terry Wilkinson Gateway Plaza 329-4599 Darryl Lake Chamber of Commerce 224-6013 Lindy Bellew Architect 488-7732 Bob Resnick (per Fawks) Greg Last City of Southlake 481-5581, Ext. 750 Chris Carpenter City of Southlake 481-5581, Ext. 866 L Portal Work Group Meeting Schedule (Draft) Date Time Place Monday, June 21 4:00 p.m. Council Chambers Monday,July 12 4:00 p.m. Senior Center TBA TBA TBA L C:\CONCEPT6.doc _.,,... T.' ,, , ._ . , r. , . ,, . ., .__. . ,... .. ,„ . . . , . .. .. ., . .. P - _, _ .„.„,„„ , ,..i....„,... .. . . . ,_,.„.„,...„.,,,,,,„, „,,,,,...„ _ . . _.. , ...,....„,_„...., , .,___ __ ? r d =fi 1- £ -^ � —s a+'� -'-" ,¢-E �w' y, -' *ems- a ` �- ;' -s �' 1 _# * " .i -yt - - x - ems, �� -) D _t v• �t ft : saw'- - '' `, ,' x ` i- `' e, 4this; . TROPHY CLUB ENTRY E.LEVAT IONS - a .,.. !+, a — W W,tr,- �a"� :r z �" ,. 4 I SpecIal.c S Lir TelezrarnAlncE Izaas Trophy Club Be ion Commission chairman Pam Irwin stands next to an artists drawing of a new clock tower to be built!n Trophy Club. '-- Trophy Club seeking r . - - � •It's a ver: classic design.It's gorgeous," said Harbin. "It will a, funds for sprucing up ,; [`- ,: set the tone for the architecture of a town's entrances. the town hall center to be Bevel- ed at the entrance."op BY JUNE NAYLOR RODRIGUEZ -!-A,.:- . Harbin said the clock tower Star-Telegram Staff Writer 1 i- - project has been on the boards TROPHY CLUB — When C { ► =' for about two years and has been the beautification committee -- "truly a team effort," drawing . from this town comes knocking, u • influence and opinion from three all. be sure to have that checkbook o or four dozen people, including a ger ready. They're looking for a lot jp.V. _ .4. ''--- ... citizens' task force called the of money,and it's fora good rea- - :. - 2008 Committee. `v ' The Beautification Committee son. _3� ,Atli,,$, became •intensely involved when in A group whose members are „,,,.,...—,�.O1s�;... x,. appointed by the town council, the town landed the Kaleido- the beautification committee has ` 4 ' scope event in January, said Pam :ct 'Regun approaching businesses t�erxuaaarrrtvta,'vanot�s - , Irwin. the committee's chairman. d individuals throughout the 'Cne cicxk tower tells people, e fiance area to chip in for a You have arrived in Trophy $300,000,project.to_glamorize supporters alike want to have this Crafted from natural and cast Club.' " she said. "Erecting it is 3 centerpiece in place before the stone and marble, with a copper the first stepin makin the �,__.; ;:T�opt�r Chub entralo�ces..-; PPe g sin V "'fhe most piessing element of prestigious Kaleidoscope of cupola and dome, the tower will entrance a grand entrance." this program is building a large, Homes event brings some 45,000 be 17 feet square and 60 feet tall. The committee has a pitch Qom dramatic clock tower at the people,which is more than seven said John Harbin, vice president book it takes to prospective in town's main entrance on Texas times Trophy Club's population, of Beck Properties in Trophy donors, showing them the artist's 114.Town developers and civic to town in late summer. U� I Club more on CLOCK on Page 15) • f CLOCK Harbin said it was important to incorporate some of the native limestone already exhibited on the From Page 7 existing bank,-offices and retail near Trophy Club's entrance. But ings and the donation pack- he said that a decision was made to ages. Corporate sponsors can not join the Texas-Victorian trend seen in Grapevine and southlake. choose from $5,000, $15,000 and "Rather than be 'me,too'about $25,000 packages that include spe- our look, we thought it would be cial notations on the tower. Indi- nice to have our own trend and go viduals can contribute between -for the Old World style you see in $5,000 and $2,500, or they can the clock tower drawings,"Harbin buy monogrammed bricks for$50 said each. The volunteer fundraisers An abstract design was ruled received an $8,000 donation from out, too. Harbin said that Trophy Texas National Bank in Trophy Club likes to have realistic Club in March. designs, citing the sensational Funds raised will also help pay eagle sculpture at the entrance to for landscaping the main entrance Eagle's Ridge subdivision. He and the west entrance on Texas noted that sculptures of two foxes 114, as well as the 14-foot-tall will soon grace the entrance to Fox bronze sculpture to be shown at Point and that a bronze of three the west entrance. The probable golfer will be seen at the entry to sculpture is one called Prairie Hogan's Glen. Odyssey,an image of arugge pio- Work on clock tower should neer carryingd gunwhip. begin around July 1 and conclude The clock tower's final design by mid-August, Harbin said.The came from the architecture firm Kaleidoscope of Homes, a giant TBG Partners of Austin and Dal- trade show for the 1,300-member las, a firm recommended by Ross Greater Fort Worth Builders Asso- Perot Jr.'s Hillwood Development ciation, will take place Aug. 28 to Corp., which recently announced Sept. 19 in Hogan's Glen subdivi- for a giant retail complex sion. J Circle T Centre, to front on Beck Properties, which devel- as 114 directly across from oped Hogan's Glen, will probably Trophy Club. feature eight houses that will be Using TBG, Harbin said. will priced from$600,000 to$800,000. help achieve an overall meshing of Area business leaders have said looks on either side of the high- that the event will pump about$2 way. million into the Alliance Corridor. We want a sense of unity, a More than 37,000 people common thread in design. We attended the Kaleidoscope of want our corner of the world to be Homes last year in Colleyville. pleasing as you drive down this highway,"he said. June Naylor Rodriguez,(817)68S38r1 nmebug@star telegram.tan - ti u Lai • GENERAL FUND Statement of Revenues, Expenditures and Changes in Fund Balance for the period ended May 31, 1999 with comparative actual amounts for the period ended May 31, 1998 (fiscal month 8-66.67%) Adopted Percent Actual Percent Month Year to Date 1998/99 Collected/ Year to Date Total Collected/ REVFNUES w 1998/99 Budges . 1 s 5/31/9a 9/30/98 Exp Ad Valorem Taxes $78,861 $5,864,379 $6,463,540 90.7% $3,714,932 $3,970,964 93.6% Sales Tax 311,919 1,728,125 3,026,050 57.1% 1,405,604 2,521,965 55.7% Franchise Fees 5,562 846,836 984,112 86.1% 640,297 883,871 72.4% Fines 64,724 479,538 875,798 54.8% 428,591 630,645 68.0% Charges for Services 96,825 348,371 685,006 50.9% 352,094 590,950 59.6% Permits/Fees 152,023 1,484,781 2,742,788 54.1% 1,879,700 2,733,934 68.8% Miscellaneous 8,858 442,238 145,659 303.6% 88,329 278,573 31.7% Interest Income 28 361 151.859 140,000 79.9% 119.417 178.867 66.8% Total Revenues $747,133 $11,346,127 $15,112,953 75.1% $8,628,964 $11,789,769 73.2% FXPF.NDITTJRFS City Secretary $24,705 $161,830 $301,173 53.7% $142,076 $226,793 62.6% City Manager 26,524 216,760 351,003 61.8% 215,490 338,110 0.0% Support Services 84.331 963.079 2 526.534 38.1% 939_336 1,498,707 62.7% General Government Total 135.560 1.341,669 3.178.710 42.2% 1,296,902 2.063.610 62.8% Human Resources 13.91g 135.651 209-600 64.7% 131.031 211.923 56.0% Human Resources Total 13.93$ 135.655 209,600 64.7% 131.033 233,923 56.0% Finance 21,807 303,163 454,166 66.8% 256,085 399,334 64.1% Municipal Court 18,169 190,984 304,770 62.7% 168,260 267,311 62.9% Municipal Court-Teen Court 5.666 59.226 92.633 63.9% 34.448 59.586 57.8% Finance Total 45.642 553.373 $51,569 65.0% 458.793 726,231 63.2% Fire 125,769 1,053,028 1,857,825 56.7% 1,032,582 1,784,478 57.9% Police 194,944 1,926,602 3,418,246 56.4% 1,735,515 2,822,719 61.5% Ce:Public Safety Support 78,053 668,516 1,056,436 63.3% 601,201 1,004,557 59.8% Building 42.526 426.88a 692.896 61.6% 136_304 567.051 59.3% Public Safety Total 441.291 4,075,034 7.025,403 58.0% 3.705,642 6.178,805 60.0% Streets/Drainage 23,385 414,618 939,167 44.1% 482,738 820,722 58.8% Public Works Administration 85,382 472,614 803.729 58.8% 509.85a 783368 65.1% Public Works Total 1l18.Z6$ 887.233 1a242.896 50.9% 992.596 LO44.490 61.9% Community Development 31,908 326,206 531,480 61.4% 295,315 489,319 60.4% Economic Development 70.024 72.046 144.812 49.7% 63.525 116 771 54.4% Community Development Total 51.931 398.252 676.312 58.9% 358.840 606a092 59.2% Community Services 28,952 229,348 416,831 55.0% 207,777 342,198 60.7% Parks and Recreation 72,676 681,385 1,454,991 46.8% 625,028 1,154,334 54.1% Library Services 3,300 43.500 162.480 26.8% 0 0 0.0% Community Services Total 104,929 954,233 2.034,302 46.9% 832.805 L496.532 55.6% Total Expenditures $902,059 $8,345A1B $15,718.792 53.1% $7,776,571 $12.909,283 60.2% Excess(deficiency)of Revenue over Expenditures ($154,925) $3,000,679 ($605,839) $852,393 ($1,119,514) OTHER FINANCING SOURCES AND(USES1 Proceeds from lease/CO(net) $0 $0 $694,300 $0 $718,433 Transfer In-Other Funds 65,461 523,685 1,235,527 470,363 715,869 Transfer To-Other Funds t: (96.6671 f l_155.9421 0 (53.8691 Total Other Sources/(Uses) $53,377 $427,018 $773,885 $470,363 $1,380,433 Excess(deficiency)of Revenues/other sources over Exp. $3.427.697 S168.046 S1.322,756 $260.919 FUND BALANCE OCT 1 $2,858,521 $2,858,521 - $2,597,602 ,Change in reserved fund balance $0 $0 $0 ENDING FUND BALANCE $6.286.218 $3.026.567 $2.858.521 fund balance percentage 19.3% 22.1% q 8-- I WATER AND SEWER ENTERPRISE FUND (ire Comparative Statement of Revenues and Expenses for the period ended May 31, 1999 and May 31, 1998 (fiscal month 8-66.67%) Adopted Percen Actual Percent Month Year to Date 1998/99 Collected/ Year to Date Total Collected/ REVFNTJFS 1998/99 Midge/ . ,. , 5/31/9R 9/30/9R Ezpvisltd Water Sales-residential $483,087 $3,371,116 $5,220,000 64.6% $2,807,013 $6,053,989 46.4% Water Sales-commercial 76,314 535,824 805,500 66.5% 468,872 846,277 55.4% Sewer Sales 107,675 833,812 975,000 85.5% 633,900 1,037,099 61.1% Sanitation Sales 60,935 487,803 636,000 76.7% 415,566 635,055 65.4% Other utility charges 32,818 267,484 443,315 60.3% 306,060 409,582 74.7% Miscellaneous 619 10,803 83,400 13.0% 42,792 167,494 25.5% Interest Income • 14.381 $8_624 Iowa) 88.6% 51_82Q 89,325 58.1% Total Revenues $775,832 $5,595,465 $8,263,215 67.7% $4,726,093 $9,238,821 51.2% F.XPFNSES Water $80,984 $1,725,750 $4,504,340 38.3% $1,793,872 $4,965,046 36.1% Utility Billing 20,264 156,144 303,421 51.5% 0.0% Sewer 41,803 438,041 747,246 58.6% 406,007 932,115 43.6% Sanitation 45,614 313,233 560,000 55.9% 283,108 496,147 57.1% Debt Service- Revenue Bonds 86.13£( 1.461 561 2.121.141 68.9% 1.187.389 .1„,243.5116 61.1% Total Expenses $274,804 $4,094,731 $8,236,148 49.7% $3,670,376 $8,336,874 44.0% Excess(deficiency)of CRevenue over Expenses $501.028 $1.500.735 $27_067 $1.055,717 $901.947 OTHER FINANCING SOURCES AND(USES) Transfer In-Other Funds $0 $0 $0 $556,096 $834,145 Transfer Out-Other Funds (65.461 (523,685) (785.527) 1466.664) (700.000) Total Other Sources/(Uses) ($65,461) ($523,685) ($785,527) $89,432 $134,145 Excess(deficiency)of Revenues and other sources over Expenses $435,567 $977.050 ($758.460) $1 145.149 $1.03.6 099 • C. t CITY OF SOUTHLAKE 1% SALES TAX REPORT Le 1998-99 collected budget balance budget to date balance percent $3,021,050 $1,983,785 $1,037,265 34.33% FISCAL FISCAL FISCAL YEAR % Inc YEAR % Inc YEAR % Inc MONTH 96-97 -Dec 97-98 -Dec 98-99 -Dec October $161,892 25.8% $237,164 46.5% $310,767 31.0% November 135,367 21.0% 193,664 43.1% 206,887 6.8% December 115,084 10.7% 163,871 42.4% 188,493 15.0% January 198,873 41.7% 266,437 34.0% 313,831 17.8% February 125,671 31.9% 168,914 34.4% 199,573 18.2% March 104,733 1.5% 160,147 52.9% 194,635 21.5% April 182,384 33.1% 215,299 18.0% 311,919 44.9% May 152,577 39.5% 217,760 42.7% 257,679 18.3% Ce 171,813 53.0% 200,233 16.5% - n/a 223,854 24.5% 274,072 22.4% - n/a August 184,851 39.7% 224,126 21.2% - n/a September 173,917 42.0% 200,169 15.1% - n/a TOTAL $1,931,017 30.8% $2,521,857 30.6% $1,983,785 22.2% Actual Budget Actual Estimated (budget-est.) Month 1997-98 1998-99 1998-99 1998-99 Difference Change October $ 237,164 $ 284,122 $ 310,767 $ 310,767 $ 26,645 9.38% November 193,664 232,009 206,887 206,887 (25,122) -10.83% December 163,871 196,317 188,493 188,493 (7,824) -3.99% January 266,437 319,192 313,831 313,831 (5,361) -1.68% February 168,914 202,359 199,573 199,573 (2,786) -1.38% March 160,147 191,856 194,635 194,635 2,779 1.45% April 215,299 257,928 311,919 311,919 53,990 20.93% May 217,760 260,876 257,679 257,679 (3,197) -1.23% June 200,233 239,879 - 239,879 - 0.00% July . 274,072 328,338 - 328,338 - 0.00% August 224,126 268,503 - 268,503 - 0.00% September 200,169 239,669 - 239,669 - 0.00% (111,,,...' $ 2,521,856 $ 3,021,050 $ 1,983,785 $ 3,060,175 $ 39,124 1.30% 19.79% 21.35% 6/11/99 SIstx99.xis City of Southiake,Texas MEMORANDUM (imir June 8, 1999 TO: Billy Campbell, City Manager FROM: Lynn Martinson, Chief Accountant SUBJECT: Resolution No. 99-54, Amending The City of Southlake's Authorized Representatives with TexPool. Action Requested: Approval of Resolution No. 99-54, to amend the authorized representatives with the City's public funds investment pool, TexPool. Background Information: There have been recent changes in key personnel at the City. Personnel that are no longer employed at the City are authorized by resolution to conduct transactions with TexPool. The designation of the City's authorized representatives is a critical step to maintaining internal controls over the City's investment in TexPool. Only authorized representatives are permitted to initiate deposits and withdrawals from the City's TexPool accounts. As turnover or reassignment of investment officers occur, it is imperative that the City amend the TexPool authorized representatives to (kir safeguard the balances in the City's accounts. TexPool requires that the amendment be accomplished by a resolution. Previously the City Manager, the Finance Director, and the City Secretary have been authorized representatives with TexPool. As the personnel in the City Manager's position has changed and the Finance Director position is currently vacant it is recommended that the following personnel be named authorized representatives with TexPool: • Billy Campbell, City Manager • Sandra L. LeGrand, City Secretary • Lynn Martinson, Chief Accountant. Lynn Martinson, since becoming employed with the City in July 1996, has served as primary staff for conducting transactions with TexPool, with the authorization of the Finance Director. She is responsible for maintaining optimum daily cash balances in the City's local bank accounts. This objective is accomplished primarily by transferring funds between TexPool and our local bank accounts. L SC - a Billy Campbell, City Manager Resolution No. 99-54 June 4, 1999 Cage 2 Financial Considerations: Approval of the Resolution will have no financial impact. Investing activities and the safety of invested funds at TexPool could be compromised if the resolution is not approved. Citizen Input/ Board Review: There is no requirement for citizen or board review of the resolution naming authorized representatives for TexPool transactions. Legal Review: The resolution has been reviewed by the City attomey's office. Alternatives: None available. Supporting Documents: Resolution No. 99-54. Staff Recommendation: Approval of Resolution No. 99-54. L Approved for Submittal to City Council: ger's Office • S C— �--- I RESOLUTION NO. 99-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CITY OF SOUTHLAKE'S AUTHORIZED REPRESENTATIVES WITH "TEXPOOL". WHEREAS, the City of Southlake is local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the City of Southlake to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool ("TexPool"), a public funds investment pool, was created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. (1.? NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the City of Southlake and are each hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. Section 2. That an Authorized Representative of the City of Southlake may be deleted by a written instrument signed by all remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the City of Southlake's TexPool account or (2) is no longer employed by the Participant; and Section 3. That the City of Southlake may by Amending Resolution signed by the City of Southlake add an Authorized Representative provided the additional Authorized Representative is an officer, employee, or agent of the City of Southlake; C r Resolution No. 99-54 Page 2 List the Authorized Representatives of the City of Southlake. These individuals will be issued P.I.N. numbers. 1. Name Billy Campbell Title City Manager Signature Direct Phone Number (817) 481-5581 (x701) 2. Name Sandra LeGrand Title City Secretary Signature Direct Phone Number (817) 481-5581 (x704) 3. Name Lynn Martinson Title Chief Accountant Signature Direct Phone Number (817) 481-5581 (x833) List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name Lynn Martinson, Chief Accountant (meSection 4. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the City of Southlake, and until TexPool receives a copy of any such amendment or revocation. PASSED AND APPROVED this the day of , 1999. CITY OF SOUTHLAKE, TEXAS ATTEST: • Mayor Rick Stacy Sandra L. LeGrand City Secretary M:\W D FR.ES\RFS99IN V.DOC - City of Southlake,Texas L. MEMORANDUM June 15, 1999 TO: Mayor Rick Stacy and Councilmembers FROM: City Secretary Sandra L. LeGrand SUBJECT: Resolution No. 99-49 Appointment to the Zoning Board of Adjustments to Fill the Unexpired Term Vacated by Ron Troy Resolution No. 99-49 allows for an appointment to fill the unexpired term of Alternate #2 to the Zoning Board of Adjustments (ZBA). The duties of the ZBA are set out in Zoning Ordinance No. 480, Section 44 which calls for a five (5) member board with two (2) alternate members. Terms are for two years. At this time there is a vacancy in the position of Alternate #2, due to the resignation of Ron Troy in May. I have attached copies of the two remaining applications we have on file from the May appointments. No others have been received since then. Pleas call me if you have questions. 1G /sl Attachments: Resolution 99-49 Resignation letter from Ron Troy Applications from: Mike Crowe Art Sorenson d:\wp-files\citysec\resol\99-49mem.doc L 5D-1 • City of Southlake, Texas RESOLUTION NO. 99-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING A MEMBER TO FILL THE UNEXPIRED TERM OF A MEMBER OF THE ZONING BOARD OF ADJUSTMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake has a Zoning Board of Adjustments as stated in the City Home Rule Charter, Chapter XI, Section 11.02; and, WHEREAS, the Zoning Ordinance No. 480, Section 44, calls for a five (5) member board with two (2) alternate members to serve for two-year terms; and, WHEREAS, currently the two-year term occupied by Ron Troy (Alternate #2) is vacant since his resignation in May; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints the following to serve a two (2) year term: (Alternate #2) to expire 5/2001 Section 4. This resolution shall become effective after its passage and approval by the City Council. PASSED AND APPROVED THIS THE 15TH DAY OF JUNE, 1999. CITY OF SOUTHLAKE,TEXAS ATTEST: Mayor Rick Stacy Sandra L. LeGrand City Secretary d:\wp-files\citysec\resolu\99-49.doc 5D-2 City of Southlake, Texas MEMORANDUM June 15, 1999 TO: Mayor Rick Stacy and Councilmembers FROM: City Secretary Sandra L. LeGrand SUBJECT: Resolution No. 99-50, Appointments to the Teen Court Advisory Board Resolution No. 99-50, allows for the appointment of two (2) members to the Teen Court Advisory Board for one (1) year terms. Teen Court is a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice system while allowing them an opportunity to assume responsibility for their own actions. Teen Court brings juvenile offenders to a jury of their peers and to the community for constructive punishment which will provide the youths with an understanding of the judicial system and a realization of their role in the community. The Teen Court Advisory Board is comprised of twelve (12) members: two appointed by each City (Southlake, Grapevine, Colleyville and Trophy Club); two members appointed by the superintendent for the Carroll Independent School District and two members appointed by the superintendent for the Grapevine/Colleyville School District. Currently, terms for the councilmember position held by Rick Stacy and citizen position held by David Harris have expired. David is not seeking re-appointment. No applications have been received. Please call me if you have questions. /j14111r /s Attachment: Resolution 99-50 Applications (if any) d:\wp-files\citysec\reso l\99-5 0mem.doc L 5E-1 City of Southlake, Texas RESOLUTION NO. 99-50 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING MEMBERS TO THE TEEN COURT ADVISORY BOARD FOR A ONE (1) YEAR TERM; PROVIDING AN EFFECTIVE DATE. WHEREAS, Teen Court is a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice system while allowing them an opportunity to assume responsibility for their own actions; and, WHEREAS, Teen Court brings juvenile offenders to a jury of their peers and to the community for constructive punishment which will provide the youths with an understanding of the judicial system and a realization of their roles in their community; and, WHEREAS, the Teen Court Advisory Board is comprised of twelve (12) members; two (2) members appointed by each City (Southlake, Grapevine, Colleyville, Trophy Club); and two (2) members appointed by the superintendent of the Carroll Independent School District and two (2) members of the Grapevine/Colleyville School District; and, WHEREAS, the terms of Rick Stacy (council appointee) and David Harris (citizen appointee)have expired, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,THAT: Section 1. All of the above premises are found to be true and correct and are hereby incorporated into the body of the resolution as if copied in their entirety. Section 2. The City Council desires to appoint the following members to serve on the Teen Court Advisory Board. 1. Councilmember (one year term to expire 5/2000) 2. Citizen (one year term to expire 5/2000) Section 3. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 15TH DAY OF JUNE, 1999. CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy 5E-2 City of Southlake, Texas Resolution 99-50 June 15, 1999 Page 2 of 2 . ATTEST: Sandra L. LeGrand City Secretary d:\wp-files\citysec\resolu\99-50.doc C 5E-3 City of Southlake, Texas MEMORANDUM June 15, 1999 TO: Mayor Rick Stacy and Councilmembers FROM: City Secretary Sandra L. LeGrand SUBJECT: Resolution No. 99-51, Appointment of a Health Authority and Designation of a Health Officer As required by the Texas Department of Health, under the Local Public Health Reorganization Act, Chapter 121, Health and Safety Code, the City of Southlake must appoint a Health Authority and a Health Officer. Dr. John Ansohn has served in this position for several years and has agreed to serve another two year term, if Council desires. Deputy Director of DPS/Chief of Fire Services Ricky Black said Dr. Ansohn has been involved with the Southlake Fire Department EMS and Paramedic personnel for a number of years. In order for a fire department to operate an ambulance service, the State requires a medical director to sign-off on their personnel's protocol to utilize their skills with IVs, defibrillation, and other treatments. The City operates its ambulance service off of Dr. Ansohn's medical license. Dr. Ansohn currently serves as Medical Director for the cities of Keller, Colleyville, Grapevine, Trophy Club Louisville, Flower Mound and Roanoke as well as Southlake. Please contact me or Chief of Fire Services Ricky Black if you have any questions. kth, /sl Attachment: Resolution 99-51 m:\wp-files\citysec\resol\99-51mem.doc • 5F-1 ' City of Southlake, Texas RESOLUTION NO. 99-51 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING A HEALTH AUTHORITY, AS PER THE LOCAL PUBLIC HEALTH REORGANIZATION ACT UNDER CHAPTER 121, HEALTH AND SAFETY CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 121, Health and Safety Code, under the Local Public Health Reorganization Act, the appointment of a Health Authority is mandatory; and, WHEREAS, it is deemed to be in the best interest of the citizens of the City of Southlake to have a Health Officer; and, WHEREAS, the two year term of the City Health Officer, Dr. John Ansohn has expired; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The findings in the preamble of this resolution are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints Dr. John Ansohn as the City Health Authority and the Health Officer, for a two year term to expire June, 2001. Section 3. This resolution is in full force and effect from and after its passage by the City Council. PASSED AND APPROVED THIS THE 15TH DAY OF JUNE, 1999. CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy ATTEST: . Sandra L. LeGrand , City Secretary d:\wp-files\citysec\resolu\99-51.doc schole 5F-2 City of Southlake, Texas MEMORANDUM June 10, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Resolution No. 99-45, Supporting grant application to Texas Forest Service for Senior Tree Farm #3. Action Requested: City Council approval of Resolution No. 99-45, supporting grant application to Texas Forest Service for Senior Tree Farm #3. Background Information: In 1997 Mr. Dick Johnston received SPDC matching funds in the amount of $1,500.00 for Senior Tree Farm #1. Individuals and organizations matched the $1,500.00 for the project. The work on Senior Tree Farm #1 began in April 1998. In April of 1998 Mr. Johnston addressed the Parks and Recreation Board in Public Forum about his desire to phase in other Senior Tree Farms annually over a five-year (5) period. The Parks and Recreation Board expressed enthusiasm for this idea. On June 26, 1998, Mr. Johnston applied for a Public Outreach Challenge Grant through the Texas Forest Service (TFS) to establish Senior Tree Farm #2. On August 14, 1998 TFS awarded grant funding in the amount of $4,200.00 to the project. The TFS grant has a matching requirement in eligible cash purchases or in-kind contributions, bringing the total of the grant to $8,400.00. Over five hundred and fifty (550) trees have been planted at the two Tree Farms through this grant funding. Examples of the trees planted at the Senior Tree Farms include the following: • Saw Tooth Oaks • Red Oaks • Chinquapin Oaks • Bur Oaks • Live Oaks • Red Buds An estimated three hundred (300) volunteer hours have been utilized to date for Senior Tree Farm #2. Youth volunteers have contributed an estimated one hundred and seventy-three (173) hours, and adult volunteers have contributed one hundred and twenty-seven (127) hours. The estimated total spending on Senior Tree Farm #2 to date is $6,400.00 in cash and in-kind contributions. The City match has been met in in-kind donations and labor. 5-J T Billy Campbell, City Manager June 4, 1999 Page 2 Senior Tree Farm #3 would be the third phase of the five (5) year program. The proposed location of this phase would be to the east of Senior Tree Farm#2 off of Shady Oaks. The Department of Community Services proposes to apply for grant funding through the TFS Urban Forestry Partnership Grant Program for 1999. The deadline for the application is July 1, 1999. Staff proposes requesting $4,300.00 in grant funding through the program. Financial Considerations: Upon City Council approval and awarding of the grant, a matching requirement in either eligible cash purchases or in-kind services in the amount of $4,300.00 is required. It is anticipated that the City's match will be met in in-kind contributions and labor. Citizen Input/ Board Review: At its June 7, 1999 meeting, the Parks and Recreation Board recommended approval of Resolution No. 99-45 on their Consent agenda, 8-0. Due to timing, this item has not gone to SPDC for their recommendation. Legal Review: Not Applicable Alternatives: Alternatives include the following: • Encourage individuals and/or community groups to apply for grant funding through the SPDC matching grant program to establish Senior Tree Farm#3. • Research and apply for grant funding through other sources to establish Senior Tree Farm#3. • Include funding for Senior Tree Farm #3 in the FY 2000 Parks and Recreation Division Budget. Supporting Documents • Copy of Resolution No. 99-45. • Grant application and proposal for funding through the TFS Urban Forestry Partnership Grant Program. Staff Recommendation: City Council approval of Resolution No. 99-45, supporting grant application to Texas Forest Service for Senior Tree Farm#3. (iv Approve or S mittal to City Council: City Manager's Office 5 _Z RESOLUTION NO. 99-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE MAYOR TO APPLY FOR AND EXECUTE AGREEMENTS ASSOCIATED WITH THE "URBAN AND COMMUNITY FORESTRY PROGRAM" GRANT REQUEST AND COMMITTING SHARED COST OF THE PROJECT AS DESCRIBED IN THE GRANT APPLICATION. WHEREAS, the United States Congress of the United States, in developing the Forestry Title of the 1990 Farm Bill, found that the health of forests in urban areas and communities is on the decline; these forests,trees, and open spaces improve the quality of life for residents, enhance economic value of property and are more effective than rural trees at reducing the buildup of carbon dioxide due to the added energy savings for urban residents; and WHEREAS, Congress defined the purposes of this program to include improving the understanding of the benefits of preserving existing tree cover; encourage property owners to maintain trees and expand forest cover; provide education and technical assistance to local organizations in maintaining and expanding forest cover; provide competitive matching grants to local units of government and other approved organizations for urban forestry projects; implement a tree planting program; promote the establishment of demonstration projects to illustrate the benefits of forest cover and enhance the technical skills of individuals involved in establishing or maintaining urban forest; and WHEREAS, the City Council of Southlake, Texas deems it advisable and necessary to support development initiatives that manage quality growth while preserving the abundant open space and rich natural resources of the community; and WHEREAS, the City of Southlake is eligible to participate in this program and has successfully completed a grant application ready for submission in the amount of $4,300; now: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1: Commitment of City support to the project. The City Council hereby authorizes the Mayor and/or his designated staff to apply for and execute any subsequent agreements associated with the "Urban and Community Forestry Program" Grant with the Texas Forest Service. Section 2: Commitment of Resources to the project. The City Council commits to providing its share of the project costs through "in-kind" services as described in the grant application. L 5�g- 3 Section 3: Authority to Plant Trees on Public Property. That the City Council endorses and permits the planting of trees on public property under their jurisdiction in the City of Southlake. EXECUTED this of , 1999. CITY OF SOUTHLAKE By: Mayor ATTEST: City Secretary C C S �pEST SE s T X A FOREST .?: SERVICE The Texas A&M University System Urban Forestry Partnership Grant Program 1999 Grant Application Form Part I: Applicant Information Project Title: Southlake Senior Citizens Tree Farm Project For Official Use Only Organization: City of Southlake, Texas Grant No. Mailing Address: Statewide:❑ !Alan!. ❑ 4on Nnrth Whitp Cha.pel Boulevard City: Southlake State: TX ZIP: 7 6 C q 7 Contact Person: Kevin Hu cam a n Daytime Telephone: (817)4 81—5 5 81 , 7 5 7 E-mail Address: KHugrAnftni fynfGnut-h1 akP_t-nm Is your organization tax exempt? Federal Employer ID Number: — 42 Part II: Organizv.tional Goals A narrative of no more than three(3)typed pages must accompany each grant application. The first part of thi ,narrative should`clearly state how the project fits within the mission and goals of the organization by answering the following questions: What is the overall mission of your organization? Who are your members'or constituents? What is the role of the organization in promoting urban forestry in the community? How does the project help your group achieve its mission? What problem will it help solve? What will the long- term benefits to your organization and the community be? How will these be measured? Part III: Section A -- Project Work Plan The second part of the narrative should address the following areas: 1. Project Execution: describe all planned activities for the project, the timetable for its completion, and the end result or product. 2. Participants: name all the groups that will be involved and what their roles will be. 3. Use of Federal Funds: state how grant funds will be spent, along with any local cash contribution. 4. In-Kind Contributions: provide the sources and values for all in-kind contributions listed in the project budget. 5. Project Communication: describe any publicity for the project or how the results or product will be distributed in the community. • Part III: Section B -- Project Budget (1) (2) (3) ( Expense Category Grant Funds($) Local Cash($) Local In-Kind($) 60, Personnel: $_3. 2110 00 Office Expenses: Travel: $6 0 0. 0-0 Supplies and Materials: $3, 10 0.0 0 Equipment: $1 , 7 n n nn Professional Services: Contractual: Other( Donations ): ' *Column Totals: (a) (b) (c) $4, 380_A.0 0 $4, 300.00 *(a)=(irant Request,and Local Match Total(dMb)+(c) *Local Match Total: (d) Part IV: Forester Certification (worth 10 pts.) I hereby certify that I have met with the applicant to review this proposal and the program requirements, and have recommended any changes that would help the project achieve the goals of the Urban Forestry Partnership Grant Program. Signature of TFS Forester Date Part V: Grant Application Authorization As a duly authorized representative of the organization making this application,I hereby certify that all the information provided herein is true and represents the desires of this organization. I further certify that I understand the purpose and rules of the program,as set out in the Application Guide. Name and Title of Authorized Representative Signature of Authorized Representative Date L �� -l0 Urban Forestry Partnership Grant Program 1999 Grant Application Form DRAFT Organization: City of Southlake,Texas Department of Community Services Project Title: Southlake Senior Citizen's Tree Farm Project PART II: ORGANIZATIONAL GOALS The City of Southlake is a dynamic, suburban city located on the northwest corner of the Dallas-Fort Worth International Airport. The City lies in the northeastern corner of Tarrant County and in the Southwest portion of Denton County,and has an estimated 1999 population of 20,000 residents. The City of Southlake is the fastest growing City in Tarrant County, with an average growth rate of 13.3%from 1990 through 1998. The overall mission of the City of Southlake is the following: "The City of Southlake strives to meet the service needs of our citizenry and effectively manage quality growth while preserving the abundant open space and rich natural resources of the community." Conceptually the Senior Tree Farm Project has a five(5)year timeline,with expansion of the project phased on an annual basis. The project began in 1997 with the establishment of the Senior Tree Farm#1 located at 1951 E. Continental Boulevard. In 1998 Senior Tree Farm#2 was established on the West Side of the City's Bicentennial Park. Started by area Senior Citizens 55 years of age or older,there were multiple objectives for the project. These included the following: Cow • Lend the expertise and managerial skills of area Senior Citizens that results in the planting of several thousand trees to be planted within the city limits of Southlake at a minimal cost. ■ Replace trees that die due to age or are removed due,to development. This preserves the rural character of the City of Southlake,promotes cleaner air and a pleasant environment. ■' Mentoring young people in a practical work environment, providing area youth with an opportunity to serve their community, and teaching young people to be good stewards of the environment. This project over a two(2)year period has provided tangible results that benefit the long-term physical and community infrastructure of the City. The existing tree farms have planted over nine hundred(900) seedlings that will eventually be distributed throughout the City's right-of-ways. In achieving this feat the project has utilized over an estimated seven hundred(700)hours of volunteer service. The Senior Tree Farm#3 will follow the same formula that has made the project a successful endeavor in the City of Southlake,utilizing available community resources to develop the physical infrastructure of the City for long term benefit. PART HI:SECTION A—PROJECT WORK PLAN ■ Project Execution: The Senior Citizen's Tree Farm Project aims to establish five(5)Tree Farms, phased on an annual basis, and plant seedling trees that will later be transplanted to various locations. These include existing and future rights-of-ways, at entrances and other highly visible areas of the City, and in City parks. The trees will be planted in"grow bags" in January through March of each year. These"grow bags"are planted inside 18"diameter auger drilled holes,and back filled in October through December prior to tree planting. Drip irrigation is provided to each tree. Seedling trees are fertilized,watered, mulched, pruned, and trained for approximately five (5)years until they L:IParkRecIBOARDSIPKBOARDIPacket Items1Tree Farm#3 ProposaLdoc 5-9 - -1 reach a 2 'Y2"to 3 'h"caliper size,and then they will be transplanted to permanent locations inside Southlake. Senior Tree Farm#1 was planted in March and April of 1998,and will be harvested for transplanting in the year 2002. At this time seedlings will be re-planted at the Tree Farm, or a new 400 capacity farm will be established at another location. On an annual basis after the year 2002 the City will have three hundred(300)to four hundred(400)trees to transplant. • Participants: Senior Citizens are the managers,and will assist the City in the planning, scheduling, watering, pruning,tying,and grooming of the farms and trees. Senior Citizens will teach young people and oversee the physical labor required(planting,mulching, mowing, maintenance)which will primarily be done by youth and young adult volunteers under the direction of Senior Citizens. The youth in Southlake have numerous motivations to engage in community service,examples being earning credits for School and Scholarship Awards,meeting Teen Court obligations,etc. The Tree Farm Project provides a an avenue for young people to meet these requirements and gain an appreciation for their community and environment. Accounting for the project will be coordinated through the City of Southlake Department of Finance,and the City has tree experts on staff. Some Senior Citizens are master gardners. The project has utilized numerous community groups, examples include the Boy Scouts,the Girl Scouts,and Keep Southlake Beautiful. • Use of Federal Funds: The grant money will be used to purchase the following items: Grow bags, seedling trees, and irrigation materials and fertilizer. It will also be used, if necessary,to rent equipment to prepare the farm for planting,to grind mulch, and fencing. Local cash will be used to supplement the grant money, if necessary. At this time there is no paid staff from the federal or local funds. • In-Kind Contributions: The City of Southlake Department of Community Services and the Department of Finance will provide administrative support to handle all payables and documentation necessary to implement the project and document the results. • Project Communication: The local media will be provided with articles about the ongoing Senior Citizen Tree Farm Project, and reporting to the City Council,various Boards and Commissions,and the general citizenry via cable television will occur periodically. PART III:SECTION B—BUDGET • Personnel: Using$6.00 per hour for youth volunteers and$10.00 per hour for adult volunteers,the estimated personnel costs for Senior Tree Farm#3 total$3,140.00(forecasting 190 youth hours, 150 senior citizen hours,and 50 city staff hours). Senior Tree Farm#3 should not be as labor intensive as the first two efforts, but maintaining three farms is estimated to require $4,000.00. • Office Expense: The City forecasts a small increase in administrative costs for administering Tree Farm#3, and budgets $600.00 for this category. • Travel Costs:No travel costs are anticipated. • Supplies and Materials: The City forecasts a small increase in supply and material costs from previous phases,and therefore utilizes the following budget estimates. Grow Bags are estimated at $1,000.00, irrigation materials at an estimate of$1,000.00, $500.00 for fertilizer, and $600.00 for tree seedlings. L:IParkRecIBOARDSIPKBOARDIPacket Items1Tree Farm#3 ProposaLdoe • (ow • Equipment: Equipment rental is estimated to cost$1,200.00(Rental of items include a Bobcat, Auger, Mulch Grinder, Weed Eaters,etc.). • Professional Services: None anticipated. • Contractural:None anticipated. PART IV: GRANT APPLICATION AUTHORIZATION Kevin Hugman,Director of Community Services July 1, 1999 L L L:IParkRecIBOARDSIPKBOARDIPacket ltemslTree Farm#3 ProposaLddoc • SOUTHLAKE SENIOR TREE FARM#3 PROJECT PROPOSAL BUDGET REVENUES: Texas Forest Service Grant $4,300.00 Required Match $4,300.00 Total Revenues: $8,600.00 EXPENDITURES: Four hundred(400)grow bags $1,000.00 Irrigation materials $1,000.00 Fertilizer $ 500.00 Tree Seedlings $ 600.00 Equipment Rental $1,200.00 Total Expenditures: $4,300.00 IN-HIND SERVICES: Youth Volunteer Hours (200 hours) $1,200.00 Senior Volunteer Hours(150 hours) $1,500.00 City Employee Hours (50 hours) $ 500.00 City Donations (Water Service, etc.) $ 500.00 Lir Administrative Costs $ 600.00 Total In-Kind Contribution: $4,300.00 ' TREES PLANTED: (Based on Senior Tree Farm#2) Saw Tooth Oak 100 Live Oak 100 Shumard Oak 165 Cedar Elm 35 Total Trees Planted: 400 L LAParkRecIBOARDSIPKBOARDIPacket ItemslTree Farm#3 ProposaLdoc 5-1- /D • City of Southlake, Texas MEMORANDUM June 10, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Request by Women's Division of the Southlake Chamber of Commerce to hold circus at Bicentennial Park in March, 2000 Action Requested: City Council approval of request by Women's Division of the Southlake Chamber of Commerce to hold circus at Bicentennial Park in March, 2000. Background Information: Linda Overlander, President of the Women's Divison, requested placement of this item on the May 10, 1999 Parks and Recreation Board agenda. This would be the first circus to perform in Southlake, and serves as a fundraiser for the Women's Division to benefit the Southlake Relief Fund, Open Arms, Riding Unlimited, and the Samaritan House. The Kelly Miller Circus, founded in 1938, requires the following items to hold the event in Bicentennial Park: L' • The date of the circus would be March 24, 2000. • The circus would begin setup at 9 a.m, and host two events at 4:30 p.m. and 7:30 p.m. • Space requirements of a 300' X 300' area for showgrounds. • A source for drinking water, the circus requires approximately 1,500 gallons of water. • Police and fire protection. • Containers for trash. Ms. Overlander provided staff with a proposed layout of the circus, a copy of the certificate of insurance, and a letter from the insurance broker stating the excellent record of the Kelly Miller Circus. Ms. Overlander was also present at the May 10, 1999 Parks and Recreation Board meeting to provide further information to the Board. At the meeting, the Board requested additional information and tabled consideration of this item to the June 7, 1999 Parks and Recreation Board meeting. The additional information requested was: • References from the Society for the Prevention of Cruelty to Animals (SPCA), the National Humane Society, and Better Business Bureau certifying there are no complaints against the Kelly Miller Circus. 5h- Billy Campbell, City Manager June 10, 1999 Page 2 • References from the Town of Flower Mound and the City of Mansfield, who have hosted the Kelly Miller Circus. • State insurance rating for the Kelly Miller Circus. • Cost estimates for police and fire services. Ms. Overlander has signed a contract with the Kelly Miller Circus, and has a ninety-day (90) period to finalize the facility requirements. Financial Considerations: Approval of this item requires preparation of the area in Bicentennial Park and peripheral support services. This is the only financial obligation required by the City. Off duty police officers are paid for by the organisations requesting their services. Water utilities will be provided via a temporary meter and be paid for by the user. Citizen Input/ Board Review: The Parks and Recreation Board considered this item at their May 10, 1999 meeting. At this time the item was tabled pending further information. At its June 7, 1999 meeting, the Park Board approved this item 7-1, with Ms. Sherry Berman dissenting, stating she did not support the use of animals in this manner. Legal Review: Not applicable. Alternatives: Alternatives include the following: • Postpone approval of the request pending further information. • Rejection of the request to hold the event in Bicentennial Park and suggest the selection of another location. • Rejection of the request. Supporting Documents: Supporting documents include the following items: • Letter from Linda Overlander, President of the Women's Divison of the Southlake Chamber of Commerce, received in mid April, 1999. • Site Map of the proposed layout of the Kelly Miller Circus. • Certificate of Insurance for the Kelly Miller Circus. • Letter from Brooks Associates Limited, dated March 6, 1998, stating the record of the Kelly Miller Circus. • Site Map of Bicentennial Park highlighting the proposed area for hosting the circus. 5/1 - Billy Campbell, City Manager June 10, 1999 Page 3 Staff Recommendation: City Council approval of the request by the Women's Division of the Southlake Chamber of Commerce to hold a circus in Bicentennial Park in March, 2000. KH Approved for Submittal to City Council: City Manager's Office • • Kevin Hugman and Steve Polasek Southlake Park and Recreation 481-5581 ext.756 Fax 421-2175 Dear Kevin and Steve, I am Linda Overlander, current president for the Women's Division of the Southlake Chamber of Commerce. Our group has been approach by the Kelly Miller Circus, to bring the first circus to Southlake. The circus is America's Premier Family Circus founded in 1938. Their permanent home is in Hugo, Oklahoma where they are members of the Chamber of Commerce. They exhibit in over 220 cities and towns each year from the nation's heartland to the Atlantic, from the Gulf to the Provinces of Canada. The Women's Division would use this as a fundraiser. The beneficiaries of our efforts would be; the Southlake Relief Fund, Grace, Open Arms, Riding Unlimited and the Samaritan House. The date of the circus would be March 24, 2000. The circus would start setting up at 9:00am and would hold two performances 4:30 and 7:30pm. The circus needs approximately 300' by 300' for the showgrounds, a source for drinking water, about 1500 gallons, police and fire protection, and containers for trash.;A possible layout for the circus is attached. I have included a copy of the certificate of insurance, and a letter from the insurance broker, showing their coverage and good standing. On behalf of the Women's Division of the Southlake Chamber of Commerce, we look forward to working with you, bringing to Southlake its first Circus for family entertainment, while raising funds for worthwhile organizations. If there are any questions that you or the park board has, please contact me at 488-0009. Again we look forward to working with you. Sincerely, Linda Overlander President Women's Divison Southlake Chattiber of Commerce • nuECttANtr.At, a) C L . EZZI a 44` CU X C`,' O O ,o O� • 13 0 cd a 0 • va ....-s g too 0 t'ROI;S/ BAND t�n O ofl L.,, cn �Y ' d0 a) d en L0 0 z= hi ii 313att gn$DYmiAt 4 ? fin` V3 U U imi g i It o • \\\\% •MEI V owl O . r '`.+ ►•a w C11 JI • h H i.Age .7 .r ~. No 7.r T, S. : �T -:i --- 51 1- c w. 1�({}» iT "�..� Yj, ; b z!4't-41-.... .i'1 I I .. 'lailYY__ .y,�_... , PRODUCER RICHARD A. BROOKS AND ASSOCIATES, LTD. C GATE _NO Uq . j _• • i ONLY AND CONFERS 4 FIiGHTS ups NATION 1338 PARK AVE. HOLDER, THIS CERTIFICATE RIVER FOREST, IL. 60305 ALTER �� HOT ' MEND OR 7 RE COMPANIES AFFORDING COVERAGE compare A AIG-LEXINGTON INSURANCE COMPANY coMPANr KELLY-MILLER BROS.CIRCUS • 501 EAST JACKSON,SUITE 2 9 HUGO,OK 74743 COMPANYC COMPANYI — D THIS IS TO CERTIFY POLICI S OF INS 8 w HA BEEN ISSUED 10 IN FOR INDICATED.NOT WITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID MAIMS. .T TYPE OF INSURANCE "UMEER I EFFECTIVE oATE(M EXPIRATION LBWS GENERAL UAINUTY A I COMNtDIxfµ GENERAL LIABILITY GENERAL AGGREGATE f 5,000,000. 002829039-99 12-1-98 12-1.99 PRODUCTS•COMP/OP AGO f 5,000,000. PERSONAL i ADV INJURY : 000,1, 01ANEItS i COfIiRACTOR•S PROT 000. EACH OCCURRENCE. $ 1,000,000. FIRE DAMAGE(My Qns RN f AUTOMOBILE LIABILITY MED EXP(kw one person) f MY AUTO COMBINED SINGLE LIMIT S ALL OWNED AUTOS . SCHEDULED AUTOS Ml $ HIRED AUTOS r N NON ON NED AUTOS � f f . --lbw PROPERTY DAMAGE f GARAGE UAINUTY iiiiiiilE 1111 ANY AUTOIIII i :Oil. AUTO ONLY-FA ACCIDENT f 1111 IIII OTHER THAN AUTO ONLY: EACH A EN CCgT. .! - EXCESS UAINUTY AGGREGATE IS UMBRELLA • UMBRELLA FORM EACH SCE f OTHER THAN UMBRELLA FORM . • AGGREGATE WORKERS COMPENSATION AND s 'STATUTORY LASTS EMPLOYER!LUNRUTY THE PRE fNCL EACH ACCIDENT ,_ O ARE '-" EOCL DISEASE-POUCY UK f _ PARTNERS/EXECUTIVEOTHER DISEASE-EACH EMPLOYEE i: , SHOW DATE LOCATION: OBlptlPTION OE ormunioNsaLoCARommoisciismPecIAL ITEMS ADOmONAL INSURED IN REGARD TO THE OPERATIONS OF THE NAMED INSURED: immommiammemnimmilimimanimummimiiimmin SHOULD ANY OP THE ABOVE DESCIaoso POUCUM el CAMCILIIIO WORE THE EXPIRATION DATE THEREOF. THS ISSMNo COMPANY WILL ENDEAVOR TO MAIL 30 DAYS wierntp4 NOTICE TO THE CNSRTIICATE HXX.DER NAMED TO THE um: our FAILURE TO sUIIr-IRl>!oa SHALL IMPOSE NO OSUGATION OR UABRRY OF ANY $U A- PIN Th COMPANY, DTI AGENTS O RESONTADVES. AUIH ORREI1 ` BROOKS 4 ASSOCIATES LIMITED csurance Brokers& 3-6-98 Consultants Via Fax 405 326 5530 and Mail 1338 Park Avenue River Forest,IL 60305 (108)171-3553 Mr. David Rawls Far(J08)771-5319 Kelly-Miller Bros. Circus 501 E. Jackson P.O. Box 829 Hugo, OK 74743 Re: Record of Incidents Dear David: I have handled Insurance for your show for over ten years. During that time--there have been no major claims or incidents of any sort. Incidents regarding animals--there have been NONE, No incidents or claims involving any exotic animals--lions, tigers, or elephants. Your show has been an exemplary circus in regard to the management, and treatment and care of its animals. The general public should be aware of your fine track record. 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Gq . , ,�T.'\ •.i. . • 1 :'r.,Y t:: -- OC I•C! 151 + .X._ /, ,S,i--C,, ,...- Ir.',--. : .17.X•li ; Y'.,•c.•." ; � �r?f, .i'l -1 .Lwt• '1I1 v�o• �l:.� '� 1• - - r 4 , ., 1. •i ,,4 ce -lwr.. ._• 04,- , a i:� r :, • Rot_ .1 . `Mullen' ,,,,, �1 ,fT1,1,�> z „u11 % II �Tliic'!7 �'h:,� / V z ,), ge\�„win_ , :f1 I fi�f�tf J. d W V - 1 • v r trtn. ► _L, L� _'sal.al._yam --� r �__� dil. ma itSh-A111111.1. ]nRK151ry 1 .f Z Z z L1l x U Y — ._ L 00 5I.1 - ? i L I IT JUST MAKES SENSE! A BICYCLE HELMET INITIATIVE C L I C I GREATER SOUTHLAKE WOMEN'S SOCIETY GINNY ELDER 1ST VICE-PRESIDENT,ANNUAL PROJECT CHAIR 180 CREEKWAY BEND SOUTHLAKE, TEXAS 76092 Fax Number 817 488-0486 JUKE 15, 1999 f L IMIESSR1 BST SHIM Tile of CORNERS Part 0 National aNue Helmet Use Smiley Page 3 Part 0 Mat Medical Experts Ilre Saito Page 9 Part © Testiootlals Page 10 Part 0 Math is You H,I? Page 11 Part © Related Artides Page 15 I I mo, *eater$outilalae Women's Society says: tJust Yl' Sense! Page 2 Untitled Document http://www.bikehelmet.org/mediatent/mtmmcs.htm National Bike Helmet Use Survey A Yankelovich Partners Survey Released by McDonald's and the U.S.Consumer Product Safety Commission April 1999 Highlights • About 50% of all bicycle riders in the U.S. regularly wear bike helmets while riding a bike, according to the first national survey of bike helmet usage patterns since 1991. • Of the 50% of bikers who regularly wear a bike helmet, 43% said they always wear a helmet and 7% said they wear a helmet more than half the time. • The percentage of bikers who reported regularly wearing a helmet rose from 18%in 1991 to about 50% of all bike riders in the new survey. • About 38% of adult bike riders regularly wear a bike helmet; about 69% of children under 16, as reported by their parents, regularly wear a bike helmet while riding a bike. • Bike helmet ownership among bike riders rose from 27%in 1991 to 60%in the new survey. • Bike ridership rose 20%from an estimated 66.9 million riders in 1991 to 80.6 million riders in the new survey, or about three times the U.S. population increase over that time period. • Half of all bike riders, however, do not regularly wear a helmet, which is the single most effective protection against head injury. Low Background The McDonald's Corporation and the U.S. Consumer Product Safety Commission(CPSC) have been working together on a national education campaign to encourage bike riders, especially youngsters, to wear bike helmets. As part of this effort, Yankelovich Partners conducted a national survey of bike helmet usage patterns. This is the first such survey since 1991. In 1991, CPSC conducted the first national survey of bike helmet usage patterns. The survey reported that 18%of all bike riders wore bike helmets all or more than half of the time. Since then, there has been a heightened awareness of the importance of wearing bike helmets. CPSC's bike helmet safety standard, state helmet laws, public education campaigns, and better-fitting and better-looking bike helmets have all contributed to a climate that encourages helmet use. To ascertain whether these efforts resulted in more bike riders wearing helmets, Yankelovich Partners conducted this new survey. It is similar in scope and questions to the 1991 CPSC survey. Bike Helmet Ownership and Use In the new survey, about 60% of bicyclists reported owning a bicycle helmet (Table 1). About 45% of adults reported that they owned a helmet. About 84% of children under 16, as reported by their parents, owned a helmet. About 50% of all bike riders reported that they regularly wore a bike helmet while riding a -' bike. This included 43%who said they always wore a helmet and another 7%who said they elf F/R/QO 7•17 PM Untitled Document http://www.bikehelmet.org/mediatent/mtmmcs.htm L wore a helmet more than half the time(Table 2). "Regular"helmet usage is defined as wearing a bike helmet "all or almost all the time" or ch.... "more than half the time." About 38%of adult bike riders reported regularly wearing a bike helmet. About 69% of children under 16, as reported by their parents, regularly wore a bike helmet while riding a bike. In contrast, 43%of all bicyclists reported never or almost never wearing a helmet. Another 7% said they wore a helmet less than half the time. I Table 1: Riders who own a Table 2: Time spent wearing bicycle helmet a helmet IResponse Percent Response Percent Yes 60 Always or almost always 43 No 40 More than half the time 7 Total 100 Less than half the time 7 Never or almost never 43 1,, Reasons for Choosing and Wearing a Bike Helmet I Of those who owned a helmet, 95% said that comfort or fit was an important factor in choosing a bike helmet for themselves or a child(Table 3). Safety certification was an important factor for 93%. Ease of strap adjustment also ranked high among bike helmet I owners, with 88% citing this as a factor in choosing a helmet. In addition, 70%mentioned cost as an important factor; 64% cited helmet appearance. ITable 3: Reasons for choosing the helmet purchased I Importance of Factors Very Somewhat Not Unknown (%) (%) (%) (%) Comfort or Fit 82 13 3 2 Safety Certification 81 12 5 2 IEase of Strap Adjustment 54 34 10 2 Appearance 29 35 33 3 1 Cost 26 44 28 2 Eg .'"' F.:M.6 6/R/QQ 7.17 PM Untitled Document http://www.bikehelmet.org/mediatent/mtmmce.htm Fki„, Of those bikers who wore a helmet all or some of the time, 98% said they wore a helmet for safety reasons(Table 4). In addition,bikers reported that they wore a helmet because a parent or spouse insisted on it (70%), and/or they lived where a law required bike helmet use(44%). Table 4: Reasons for wearing a helmet all or some of the time* Response Percent Safety 98 Parent or spouse insists 70 Local legal 44 requirements *Includes multiple responses I Reasons for Not Wearing a Bike Helmet Bikers reported several reasons for not wearing a bike helmet. For those who only sometimes wore a helmet, the major reasons included: riding only a short distance(26%), Lewforgetting to wear a helmet(25%), and feeling that the helmet was uncomfortable(20%) . (Table 5). Table 5: Reasons for not wearing a Table 6: Reasons for not owning a helmet all of the time* helmet* Response Percent Response Percent When riding a short distance 26 Haven't gotten around to it 20 Forgetting to wear it 25 Helmets are not comfortable 18 Helmet uncomfortable 20 Helmets are unnecessary 11 Helmets are not attractive 9 Do not ride very often 7 *Includes multiple responses For those who did not own a helmet, the major reasons for not wearing a bike helmet included: they had not gotten around to it(20%), and the helmet was not comfortable(18%) (Table 6). Eil of t/R/QO 7.17 PM Untitled Document http://www.bikehelmet.org/mediatent/mtmmcs.htm Bike Helmet Use for Other Sports The bikers surveyed also reported wearing a bike helmet for other sports. Nationally, 20% ski, reported wearing a helmet for other activities. Of this group, most(67%)reported wearing the helmet while in-line skating. Skate boarding was mentioned by 10% of this group. Bike Riding Patterns Those interviewed for this surveysaid theyrode bicycles, on cy s, average, between six and seven months of the year. Most bike riders(61%) said they frequently rode their bikes on neighborhood streets with little traffic. Thirty-one percent said they frequently rode on sidewalks or playgrounds. Only 10% said they frequently rode on major thoroughfares, highways, or streets with significant traffic. Twenty percent said they frequently or sometimes rode bikes at night. However, 80% said they rarely or never rode at night. Views About Bicycle Deaths and Injuries Each year, bicycle crashes kill about 900 people; about 200 of those killed are children under age 15. Each year, about 567,000 people go to hospital emergency departments with bicycle-related injuries;about 350,000 of those injured are children under 15. Of those children, about 130,000 suffer head injuries. In the survey,however, most bikers underestimated the annual number of bicycle-related deaths and emergency department injuries. For example, 72% of those who responded Lir, believed there were 500 or fewer bicycle-related deaths every year. Similarly, 96%believed there were fewer than 50,000 bicycle-related injuries treated in hospital emergency departments every year. Comparisons with 1991 Survey on Bike Helmet Usage The new survey showed that national bike helmet use rose to about 50%from the 18% reported in the 1991 CPSC survey. Bike helmet ownership rose to 60%from 27%in 1991 (Table 7). Bike ridership also rose. In the new survey, there were an estimated 80.6 million bike riders. This increased from an estimated 66.9 million riders in 1991 (Table 7). Over this time period,bike ridership increased about 20%, or about three times the 7%population increase of the U.S. Table 7: Comparisons with 1991 Survey Response 1991 1998 Helmet use 18% 50% Helmet ownership 27% 60% E .a,,,,,., Number of bike riders 66.9 million 80.6 million 1 of 6 ci/R/QQ 7.17 PM Untitled Document http://www.bikehelmet.org/mediatent/mtmmcs.htm EL." In the new survey, more than 80% of the bike riders with helmets indicated that comfort or fit and safety certification were very important factors in choosing a bike helmet. In 1991, 77%listed comfort and 75%listed safety certification as very important factors. In the new survey, 98% cited safety as a reason for wearing a helmet when riding a bike, and 70%mentioned having family members, such as a parent or spouse, insist upon use of a bike helmet(Table 8). In the 1991 survey, more than 90%mentioned safety and family members'insistence upon using a helmet as an important reason for wearing a helmet. Table 8: Reasons for wearing a helmet all or some of the time, 1991 and 1998* Response 1991 1998 Safety 94% 98% Parent or spouse insists 93% 70% Local legal requirement 12% 44% *Includes multiple responses In the new survey, 44%cited living where a law required bike helmet use. In 1991, only 12% cited a legal requirement as a reason for wearing a bike helmet(Table 8). For those who did not have a helmet, 11% said that helmets were not necessary in the new survey(Table 9). In 1991, 21% said that helmets were unnecessary. In the new survey, only 3% said that helmets were too expensive or that they could not afford one. In 1991, 8%felt that helmets were too expensive. Table 9: Reasons for no t of owning a helmet, 1991 and 1998 Response 1991 1998 Helmets are unnecessary 21% 11% Helmets are too expensive 8% 3% Never thought about it 21% 10% I Description of Bike Riders Surveyed Accordingto the new sure 80.6 million people rode a bicycle duringthe precedingyear. survey, P P c3' Approximately one-half(49%)of those interviewed lived in suburban neighborhoods. The C, other half was split between urban(27%) and rural(24%) areas. Twenty-three percent lived in the West, 27%lived in the Midwest, 30%lived in the South, and 20%lived in the Northeast. E+nffi 6/R/007.17PM tided Document http://www.bikehelmet.org/mediatent/mtmmcs.htm it Helmet usage and helmet ownership were highest among those who lived in the Northeast and West and lowest in the Midwest. Fifty-two percent of those interviewed had a college bachelor's degree or higher. Of those who regularly wore helmets, 57%had a bachelor's degree or higher. Of those who responded to the question about annual household income, 57%made more than$45,000 per year and 35%made more than$60,000 per year. Household incomes were not much higher for those who regularly wore helmets: 60% of these households made more than$45,000 and 36%made more than $60,000. Of the bike riders surveyed, 51%were male. Sixty-two percent were 16 years or older. About three-quarters identified themselves as Caucasian. Ten percent identified themselves as African-American, 6% as Hispanic, and 1% as Asian. Seven percent were from another ethnic background or did not respond to the question. Description of New Bike Helmet Survey The new survey was based on telephone interviews completed with a nationally representative sample of 1,020 bicycle riders in the United States. The survey employed a single stage list-assisted random-digit-dialing sample design and was conducted by Yankelovich Partners, an experienced and well-known marketing research firm headquartered in Connecticut. The survey focused on the current helmet usage patterns of bicycle riders in the United States: how many riders own helmets, the frequency of use, and the reasons riders do or do not use helmets. The survey also collected information about the characteristics of riders(e.g., age, gender, and experience) and their riding patterns(e.g., how much they ride, where they Lawride). Yankelovich Partners developed the questionnaire during the summer of 1998. In order to evaluate helmet usage patterns over time, the surveys helmet questions were designed to be similar to those asked in the 1991 CPSC bicycle survey. The survey was conducted during August 1998. When households were reached, respondents were asked how many household members had ridden a bicycle during the last year. Each of the riders was a potential respondent. If there was more than one rider, one was selected to be interviewed. This was done by selecting the rider with(alternately)the most recent or the next birthday. If the selected rider was under 16, a parent or guardian was asked to respond on the child's behalf Attempts were made to contact about 11,000 U.S. households. Of the 3,347 households contacted, 1,069 had at least one bicycle rider in the household. Interviews were completed with a total of 1,020 respondents. The sample was weighted to make population projections of bicycle riders in the continental United States. I C I ta 6/R/QQ'7.17 PM The Bike Helmet Safety Site-Parent/Teacher Camp http://www.bikehelmet.org/ptcamp/ptwds.html E ri.L., '7'. 411 _ x„4E.11 "i ip , '',- I fe 1 3 ...I .371n, i t ii. % ,-1, r trov. alp i toot-....- setutit. :- -;, - Ltetrig. „ rtit, r ,-,orgr, „ , I "The Injury Prevention Center just finished a bicycle safety observation study. One of the things we looked at was kids I riding in groups. We wanted to know, if Child'A'was wearing a bike helmet, what were the chances of Child'B' also wearing one. "We discovered that if the first kid was wearing a bike helmet, there's an 85% chance the second one was, too. If the first kid Iwas not wearing one,there was only a 3%chance the second one was. We need to focus attention on peer pressure, and kids wearing them in groups. "It's soimportant. Soimportant. Last year we treated a child who had been riding a bike and just fell. He didn't hit anything, Liii., he just fell. He hit the sidewalk. And he wasn't wearing a helmet. He had severe neurological damage, had to have surgery. He lost part of his skull and a lobe of his brain. "What would have happened if only he had been wearing a bike helmet?" -Dr. Jeffrey Weiss, pediatrician Director, Injury Prevention Center Phoenix Children's Hospital "Being an ER nurse, I've seen a lot of people come through here with head injuries and trauma because they were involved in a bike crash without wearing a helmet. It's so sad to see healthy young lives changed simply because they weren't I wearing a bike helmet. I don't understand why would anyone take the risk of being injured for life-- it's just not worth it." li -Madonna Scatena, RN, MSN, Trauma Nurse Specialist Christ Hospital Emergency Room Nurse C ["I'...- , max , , ,, ,„ 4 ... "� ,*- �' , : ..,-..,:---,...„ —,•-:. ,,..:,,-... 4.3,-, ,--, i of 7 6/R/QQ 7•71➢M Untitled Document http://www.bikehelmet.org/mediatent/mtmmt.htm From the Kids: "I was out riding my bike and I wasn't paying attention. I ran REL into a car mirror, and it knocked me off(my bike). I hit my head, and my helmet cracked and split in half; but all that happened was I had a broken finger. "I didn't want to wear my bike helmet. I didn't think it was cool. But my Mom said if I didn't wear it I would be grounded from riding my bike. I think it saved me maybe from brain damage. Would I recommend that other kids wear a bike helmet?Yes. And I d recommend that I wear one." -Justin S., age 12, St. Louis, MO "When I flew nine feet through the air and hit the pavement head first, I broke my bike helmet instead of my head. If! hadn't been wearing a helmet,there is a good chance I would have been killed or injured too seriously to ever ride a bike again." -Payton B., age 12, Bethesda, MD "Last Spring I was riding my bike up and down my block Lowe pedaling side to side. All of a sudden my bike made an unexpected turn and I crashed down toward the street. My bike helmet landed on a mound of asphalt. My helmet now has a large puncture, and my skinned knees have healed. Had my bike helmet not been on or properly secured, I would have hit my face or smashed my head." -Alison W., Age 11, Bethesda, MD From a Police Officer: "I've seen many people involved in vehicle accidents, many of them with severe head injuries. I know how much it can change a person's life from being active to being a vegetable. I have four kids of my own, and I get them wearing helmets right away, so that when they get onto a two wheel bike for the first time they're already in the habit. "I'm a bicycle police officer. I patrol the neighborhoods on a bike. And I wear a bike helmet all the time." -Officer Tom Phillips, Allentown Police Department, Allentown, PA From a Parent: I of 1 6/R/00 7.14 PM Untitled Document http://www.bikehelmet.org/mediateut/mtmmt.htm EL "You should make your kids wear bike helmets when riding. If they refuse, you should threaten to sing in public. That will change their minds in a hurry." -Dave Barry Syndicated humor columnist and father From Medical Experts: "The Injury Prevention Center just finished a bicycle safety observation study. One of the things we looked at was kids riding in groups. We wanted to know, if Child "A" was wearing a bike helmet,what were the chances of Child "B" also wearing one. "We discovered that if the first kid was wearing a bike helmet, there's an 85%chance the second one was, too. If the first kid was not wearing one, there was only a 3%chance the second one was. We need to focus attention on peer pressure, and kids wearing them in groups. "It's so important. So important. Last year we treated a child who had been riding a bike and just fell. He didn't hit anything, he just fell. He hit the sidewalk. And he wasn't wearing a helmet. He had severe neurological damage,had to have surgery. He lost part of his skull and a lobe of his brain. "What would have happened if only he had been wearing a bike helmet?" -Dr. Jeffrey Weiss,pediatrician, Director, Injury Prevention Center, Phoenix Children's Hospital "Being an ER nurse, I've seen a lot of people come through here with head injuries and trauma because they were involved in a bike crash without wearing a helmet. It's so sad to see healthy young lives changed simply because they weren't wearing a bike helmet. I don't understand why would anyone take the risk of being injured for life-- it's just not worth it. -Madonna Scatena, RN, MSN, Trauma Nurse Specialist Christ Hospital Emergency Room Nurse In the News(one of hundreds): "Little Alexandra Cofer is leaving the hospital today with relatively minor injuries despite the fact that on Sunday a car Erolled over her head. The tire left tread marks on her forehead, oft 6/R/007.1dPM Untitled Document http://www.bikehelmet.org/mediatent/mtmmt.htm nose, lip and chin and on the front rim of her bicycle helmet. ELThe Styrofoam helmet cracked under the weight of the car, a Toyota RAV-4. But 4-year-old Alexandra "or Alex, as everyone calls her " suffered only a hairline fracture of the skull,perhaps a broken sinus bone and a few small cuts," said Dr. David Alexander, who treated her. "It's a miracle," said her father, Bill Cofer,who often fought back tears when he talked about what happened Sunday. "There's no other way to describe it." "I'll buythat," ,"the pediatrician said, giving credit to the bike helmet, too. -Peter Porco, Daily News Reporter (1998 Anchorage Daily News) i L C C I I C C 2 nf't 6/R/QQ 7.14 PM What's Your HQ?-See how much you know about bike helmets and bike safety http://www.bikehelmet.org/kidzone/kzhq.html E "A 4�2�i �. `1ca : Y chiumo, 4yril 4:4,..,;'''' ''''''A4 E iirt, ... _ titY � w',E i,i,,,„. . ... r,,,, The Kid Zone Helmet Quotient Quiz [ , You might know about your IQ, but have you ever wondered about your HQ(Helmet Quotient)? Answer the following questions and see how much knowledge your brain can handle on bicycle safety. Hopefully,you I haven't been wearing your chin strap too tightly so you can think straight! When you're finished, submit your answers. If you get them E right, you get a Cool Cranium Cruiser certificate to print out. Good luck! I Er411101, 1. What is the number of children under the age of 15 who go to hospital emergency rooms with bicycle-related injuries every year? a. 0 100,000 b. C? 20,000 Ic. 250,000 d. 350,000 I2. Of those injuries, what percentage of them are head injuries? a. 0 10 % b. 0 37% c. 0 25% d. 0 5% 3. Wearing a bike helmet can reduce the risk of head injury by... Ea. 0 25 percent i b. C) 42.5 percent c. 0 85 percent E ........ 1 of 1 6/R/00 6•00 PM What's Your HQ?-See how much you know about bike helmets and bike safety http://www.bikehelmet.org/kidzone/kzhq.html d. 100 percent EL. 4. Bicycle crashes kill how many people every year? a. 450 b. 74 c. :: 900 d. - 350 5. What percentage of Americans don't regularly wear a bike helmet when they ride a bike? a. CI 25% b. ' i 50% c. - 37% d. 95% 6. What are three things you can do to make sure a bike helmet is safe and fits correctly?Choose 3 or more answers. a. Li Go to any store and buy any helmet. b. _ Make sure the bike helmet doesn't slide side-to-side or front-to-back. c. _ Test the chin strap and make sure it's snug by sliding your finger underneath and then removing it. The strap should snap back into place. d. J Throw the bike helmet off the roof and, if it doesn't crack, it's safe. e. ..I Look for the label that says the bike helmet meets the CPSC safety standard. £ _ Make sure the bike helmet is worn low and level near the forehead,not on the back of the head. 7. When should a bicycle helmet be worn? a. r:_f When riding in the streets. b. _`4 When riding on a family outing. c. C; When only going a short distance from your house. d. All of the above. 8. What is the percentage of American bike riders who do not own a helmet? a. - 10% b. - 25% c. 35% Ed. ' 40% of 1 6JR/00 6.00 PM ike helmet campaign under way http.//www.ohio.com/search?NS-search-page...2osite&NS-dots-matched=20&NS-doc-nnmber=3 km" i$G�{t0 NkA trA Surma l iealkli System i corn 1{:ron Cat and tit. 11u ira, Ilos}hunt E zk i st•s � ., ,K z 1`i search i sitemap feedback faf +.weather',cars;homes jobs coupons '' Ctio.com _ .,.___ ____ _ ,_____ I Site Features: Navigation Menu- Health News and Happenings Ohio Hospitals/Medical Bike helmet campaign under way Centers Doctors and Resources Even witches need extra protection. Local I National And so Melissa Joan Hart, star of ABC's Sabrina the Ask a plasic surgeon Teenage Witch, will participate in a national bike Health Care Providers helmet safety campaign to reduce injuries to kids. Support OrgJClubs The TV star will chat with fans online from 7 to 8 p.m. Friday at http://www.bikehelmet.org. Bike crashes kill Health Careers in Ohio 900 people a year and send another 567,000 to Health!Nutrition Books emergency rooms. Helmets can reduce the risk of head aip, injury by 85 percent. Senior Health Health Forums Despite these figures, surveys show that more than 50 percent of bikers do not wear helmets. Search Ohio.com LThe safety campaign is organized by the U.S. Contact Ohio.com Consumer Product Safety Commission and nr, , = ,,s jug-go McDonald's Corp. L Medicine and travel L „; -„, Here comes summer, that season of tans and bikinis and car trips. Published Tuesday, June 8, 1999, If you are one of the millions of Americans traveling in the Akron Beacon Journal. this summer, here are some tips for a safe vacation, courtesy of MedLink Inc., a medical records Internet service: Plan ahead, especially if you are traveling out of the country. Find out whether vaccinations are required and what the health risks are in the country of your ^..„.,� travel. Lof 1 h/R/Q0 7•no PM The Bike Helmet Safety Site-Sponsor Arena http://www.bikehelmet.org/sponsorarena/mdex.html ,.., ......, C 4`"''''r .„3 ,,, ___;,_, ,.._ . I , 1,6 d i .. Lii , .. _ L Q www.aiodoialde.oorn 43 Con su.nar product SA7 ?Y COIMMISSION E Ca• ono 4 girls E E „ :. ,,„,,,,,,,,,,,,... 4,,,,,,,„1,,,,:;,,,,,-„,,,,,,e,,,.„,„,.„,1,..,,,...„..,,,,,,,„ 7 ,,,,t,„„e„,;.,,-,,,,...,„:,,_.„.„...„-_,„, E.,...., . ,., ,,,,, ,_ ,,...,40,..--. _{'Ir:-••••.-,* t . _ .....„,---,..4, __ 4 ...!, :' .'% ,,1".4.-;'',::-.::', , a �: •, it " " \ !4• -1 HOME THE PARENT/ MEDIA srovzsv,a )PACE KIDZONE TEACHER TEAT '. CAMP L I I E i , 1.1 of 1 F/R/Qo 7410 PM Helmet issue commg to a head in Southlake http://www.dallasnews.com/metro/northeast tarrant/0610net lOhelmet.htm *Rails wonting Iwo Metro: NE Tarrant to I QUICK: READ NEWS TICKER SEARCH ARCHIVE CLASSIFIEDS DF!' DIRECTORY 5' Helmet issue coming to a head in Southlake Back to NE Tarrant index Council gives safety ordinance preliminary approval Columnists 06/10/99 Metro areas: By Wendy Hundley/The Dallas Morning News D-FW ArlingtonNow SOUTHLAKE - A couple of months ago, Ginny Elder's 6-year-old DentGarland/Mesquite daughter was riding her bicycle in the driveway when the child took a Denton County g cY y Metro Plus tumble and hit her head on the concrete curb. Park Cities Plano Thanks to a helmet she was wearing,the youngster suffered no injuries. But the helmet's outer shell was cracked by the impact, said Other news: Ms. Elder, who keeps the helmet as a reminder of the importance of DIS news makingsure children wear Education Extra helmets every time they ride their bikes. Politics Texas Lottery That's why Ms. Elder is a strong supporter of a proposed ordinance Obituaries that would require all Southlake youths under age 15 to wear bicycle Traffic report helmets while riding in public areas. The Southlake City Council Special areas: approved a first reading of the ordinance on a 5-2 vote on May 18. A TAAS results database second reading of the proposal and a public hearing will be held at the council meeting Tuesday night. Ytrt,r views While the proposal appears to have widespread support, the issue has raised concern among some who question whether the government Metropolitan forum should be involved in matters that normally fall within the realm of parental responsibility. Feedback Thoughts?Suggestions? Southlake resident Don Stone is among those who spoke out against Tell us what you think. the proposed ordinance at the May 18 meeting, and he plans to attend Thursday night's SPIN City Wide Meeting to discuss the issue again. The meeting begins at 6 p.m_ at the Senior Activity Center, 307 Parkwood Drive. Mr. Stone isn't opposed to children wearing helmets. In fact, he thinks children and adults alike should wear protective headgear every time they ride a bike, skateboard, in-line skate or engage in any recreational activity that could result in head injuries. But he doesn't think an ordinance is the way to achieve this goal. `r✓ 1 ofZ h/1 WOO 2•d7➢M Helmet issue coming to a head in Sonthlake http://www.dallasnews.com/metro/northeast_tarrant/0610aet1Oholmet.htm I "I applaud everyone trying to make life safer for children," he said. 1,‘ "But are we going to accomplish this by putting an ordinance on the books that may or may not be enforced?" Instead of an ordinance, Mr. Stone would like the council to pass a resolution to educate the public on the importance of wearing bicycle helmets. He believes a well-orchestrated, well-funded public education campaign would achieve compliance without the punitive effects of citations and fines. "The question is: Do we educate or do we legislate?" Mr. Stone said. l� "Carrots work better than sticks. I'd rather see the money go toward positive reinforcement." Gary Gregg, Southiake's deputy director of public safety, said officers are working hard to take a positive approach on the helmet issue. Since November, dozens of free helmets and T-shirts- donated by the Greater Southlake Women's Society- have been distributed to children, and the effort seems to be working. "There's a level of excitement with the kids," Mr. Gregg said. While the proposed ordinance contains penalties for violators, it "was never designed to be punitive," he said. According to the proposal, violators could be fined $25 for the first conviction and $50 for the second and each subsequent conviction. However, the first conviction "shall" be dismissed if the defendant acquires a helmet, and the second conviction "shall" be dismissed if the defendant attends an approved bicycle safety course, the ordinance states. Under the proposal, if a child under age 10 violates the ordinance, the parent can be cited. Citations can be issued directly to violators between the ages of 10 and 14. „ "I guarantee you, this is not going to be a targeted offense we'll be looking for," Mr. Gregg said. "If the ordinance passes, it would not E. be our first step to issue a citation. I could not even see that it would be our second step. We would ask them, 'Have you got a helmet? Would you wear a helmet if we gave one to you? " Fort Worth, Dallas, Arlington and Bedford have enacted helmet ordinances. "There's been good cooperation among children and parents" since the Bedford ordinance was adopted in 1996, said Deputy Police Chief Roger Gibson. However, he's found that the requirement has to be continually reinforced to be effective. Compliance tends to wane as youths get older, so he's thinking about starting school programs at the beginning of each year to help remind youngsters, he said. L Helmet issue coming to a head in Southiake http://www.dallassews.com/metro/northeast_tarrant/0610netlOhelmet.htm L ritt*L.. Several communities, including Euless, Watauga and North Richland Hills, have decided against adopting helmet ordinances. "I think they were hoping the state would set it statewide," said Euless' acting police chief Bob Freeman. "But that hasn't happened." Although it's not a requirement, Euless officers encourage children to wear the protective gear and will be giving away 150 helmets this summer, he said. For Ms. Elder and other members of e s the Greater Southlake Women's Society, who have spearheaded the ordinance effort,the issue boils down to numbers. Head trauma is the leading cause of death in bicycle crashes, and helmets have been shown to reduce the risk of head injuries by as much as 85 percent, said Ms. Elder, citing data from the National Safe Kids Campaign. She isn't swayed by the argument that a helmet ordinance steps on parental rights. "I say their rights stop when it infringes on my rights," she said. " The costs of treating head injuries are astronomical It infringes on my rights when it costs millions of dollars and increases insurance premiums." Staff writer Wendy Hundley can be reached at 817-858-9728. t [Metro: D-FW I Metro columnists I Dallasnews.com ©1999 The Dallas Morning News This site is best viewed using Netscape 4.0 or IE 4.0. I I E I L I �f� h/1WOO 1-A7 PM lmet incentives Subject: Re: helmet incentives Date: Tue, 08 Jun 1999 14:31:05 +0100 From: Jan Kennedy<jkennedy@rep-printing.com> To:velder@ash.net E: Virginia: Hopes this helps your cause. By JAN H. KENNEDY I. Repository staff writer PLAIN TWP. -- The township's bicycle safety program is getting pizza serious. For two years, Fire Department personnel have handed out a certificate and a coupon for a treat at a local business when they spotted a child wearing a im helmet while riding a bicycle, in-line skates or skateboard. The payoff, and the incentive to wear a helmet, has been upped this summer. Inspector Troy Slabaugh reOceived a $200 state Safe Kids grant to expand the program this year. When Fire Department emOployees or a Stark County sheriff's deputy in the Plain Township Division spot a kid wearing a helmet, the child will get a sticker to place on the helmet in addition to the certificate and a coupon from either the Oakwood Square McDonald's restaurant, Hills & Dales Dairy Queen or the Ice-N-Cream store at Middlebranch Avenue and Easton Street NW. !: A kid not wearing a helmet will be given a voucher redeemDable at stations 1, 3 or 5 for a free helmet. A phone call to 492-4089 is required to set up an appointment so a firefighter can demonstrate how the helmet is to be worn and make sure it fits properly. 1: The program runs from June 14 to Aug. 29, after which a further reward will come shortly after school starts. "We'll have the kids bring their helmets to school and the five kids from ,each school who have the most stickers on their helmet will get a pizza with me and Inspector Tom Mc❑Callin," Slabaugh said. abaugh and McCallin will foot the bill for the pizzas. The Stark County Lnch fe Kids program and the Canton City Health Department are other co-sponsors of the program. The local firefighters union is paying for the /: stickers. You can reach Jan H. Kennedy at 580-8325 or e-mail: jkennedy@rep-printing.com I: From: virginia elder <velder@flash.net> To: Jan Kennedy <jkennedy@rep-printing.com> Subject: Re: helmet incentives Date: Tue, Jun 8, 1999, 2:47 PM I. I I i -.....- 1: City of Southlake, Texas • MEMORANDUM June 11,1999 TO: Billy Campbell, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Resolution No. 99-53, clarifying committee membership to the Joint Drug and Alcohol Awareness Committee Action Requested: Consideration of Resolution No. 99-53, to clarify the committee membership for the Drug and Alcohol Awareness Committee. Background Information: The Joint Drug and Alcohol Awareness Committee recently discussed the appointments of committee members, which includes two City Council members and two CISD Board members. There is a vacant CISD member position that the school district would like to fill with a representative other than a board member. This resolution allows the CISD and City Council to appoint "a designee" other than an elected official if that particular governing body so desires. (sie The committee discussed the practicality of including two elected officials from both the City Council and School Board, and believes that representation from the two governing bodies is important, but the resolution should allow for the CISD and/or City Council to appoint a designee to the committee at its sole discretion. Financial Considerations: Not Applicable. Citizen Input/ Board Review: The changes regarding the sub-committee appointments are recommendations from the Joint Drug and Alcohol Awareness Committee. Legal Review: Not Applicable. • Alternatives: The City Council continue to require two members from both governing bodies be appointed to the committee as originally defined in Resolution 98- 68. 51- 1 Supporting Documents: Resolution 99-53, (with changes indicated by underline) Copies of Joint Drug &Alcohol Committee meeting minutes Staff Recommendation: Please place this item on the June 15, 1999 City Council Agenda Approved for Submittal to City Council: C- • City Manager's Office L Lir 51 RESOLUTION NO. 99-53 Lie A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING RESOLUTION 98-68 CREATING THE JOINT DRUG AND ALCOHOL AWARENESS COMMITTEE TO CLARIFY THE MEMBERSHIP. WHEREAS, the City Council of the City of Southlake, Texas, deems it advisable and necessary to establish a Joint Drug and Alcohol Awareness Committee, to assist in the recommendation and implementation of programs, initiatives and action plans which will serve to focus on the goal of reducing drug and alcohol abuse by the youth of Southlake; and, WHEREAS, the citizens of Southlake are confronted with the societal issue of drug and alcohol abuse among the youth of our community and desire to undertake a mutual effort to address this situation; and WHEREAS, the City Council, C.I.S.D. Board of Trustees, and the initial Joint Drug & Alcohol Awareness Committee have identified that problems of drug and alcohol abuse exist in Southlake as in other communities, and that there is a need for better and more effective drug and alcohol abuse prevention; and (ye WHEREAS, the best potential for developing new and effective initiatives to combat this growing problem is to partner youth, parents, the schools and city officials, and other civic leaders working together; and WHEREAS, the entire community of Southlake will benefit from these initiatives; now: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1: Creation of Joint Drug and Alcohol Awareness Committee. A committee shall be formed of members of the City, CISD and the community to recommend initiatives and/or programs and to the City of Southlake and the CISD which will serve to reduce drug and alcohol abuse, and participate in the implementation of such programs. The committee shall be composed of the following members who will participate as voting • members: (a) Two members of the City Council, or designees, appointed by the (kr City Council; �-3 Resolution No. 99-53 Page 2 (b) Two members of the School oo Board, or designees, appointed by the School Board; (c) Two members of the community at large, appointed by the City Council; (d) Two members of the community at large, appointed by the C.I.S.D. Board of Trustees; (e) One member of the Mayor's Advisory Committee, appointed by the Committee; (f) Two members from the Southlake Chamber of Commerce, appointed by the Chamber. The Joint Drug and Alcohol Awareness Committee shall also consist of sub-committees to ensure full representation from the community. Each sub-committee will have voting member representation from the Committee to ensure the direction of each sub- committee is fully represented to the voting members. The Joint Drug and Alcohol Awareness Committee may appoint members to the sub-committees to include, but not be L limited to the following individuals: (a) Three (3) members from each of the following schools: Carroll High School, Carroll Junior High School, Carroll Middle School, Carroll Intermediate School, and Durham Intermediate School to be drawn from the administration, coaching staff, teachers, nursing staff and counselors; (b) PTSO representation from the four schools mentioned above; (c) DARE Officers; (d) School Resource Officers; (e) Members from the Southlake Youth Action Commission, the Youth Park Board, various school related organizations, and any other youth representatives should be invited to participate; • (f) Heath care professionals including doctors and/or nurses specializing in the field of addition (ie: addictionologist, psychiatrist, etc.); C 51�� Resolution No.99-53 Page 3 (g) Representatives from social services agencies, churches, and other community groups and organizations. Section 2: The City Council hereby appoints the following City Council members to the Joint Drug and Alcohol Awareness Committee: 1. Councilmember Debra Edmondson 2. Councilmember Gary Fawks Section 3: Qualifications and Terms: The Committee members shall be appointed by the City Council and C.I.S.D. Board of Trustees for two (2) year terms, provided six (6) members shall be appointed each odd-numbered year and five (5) members be appointed each even-numbered year. Members shall serve until their successors are appointed. Places on the Committee shall be numbered one (1) through eleven(11). 1. Councilmember, Debra Edmondson two year term - expires 5/2001 2. Councilmember, Gary Fawks one year term - expires 5/2000 3. CISD Board Member, Doug Strickland two year term - expires 5/2001 4. CISD Board Member, Howard Addison one year term- expires 5/2000 5. Citizen at-large, appointed by City Council, Jacky Brooks Lawrence two year term - expires 5/2001 6. Citizen at-large, appointed by City Council, Brad Bartholomew one year term- expires 5/2000 7. Citizen at-large, appointed by CISD, Roxane Matela-Berenbeim two year term -expires 5/2001 8. Citizen at-large, appointed by CISD, Margaret Melton • one year term- expires 5/2000 9. Member of Southlake Chamber of Commerce, Bob Hamilton two year term - expires 5/2001 Resolution No. 99-53 Page 4 10. Member of Southlake Chamber of Commerce, Joey Milner one year term- expires 5/2000 11. Member of Mayor's Advisory Committee, Vacant two year term - expires 5/2001 The Joint Drug and Alcohol Awareness Committee shall appoint sub-committee members to participate in the effort of the Committee. Such sub-committee members shall serve for a one year term from the date of appointment; such sub-committee members shall not be voting members of the Committee. Section 4: Ex-officio members: The Joint Drug and Alcohol Awareness Committee may appoint persons to serve as ex-officio members of the committee. Such members shall serve for a one year term from the date of appointment and shall not be entitled to vote. Individuals appointed as ex-officio members may include the following: (a) One Licensed Chemical Dependency Counselor (LCDC); (b) One professional from the Juvenile Justice System; (iive (c) One professional from the Drug Prevention Program; (d) One member of the Federal Drug Enforcement Agency. Section 5: Committee Meetings and By-Laws. The Committee will consist of two co- chairpersons including one City Council member and one C.I.S.D. Board of Trustees member. The committee shall also select from the members a secretary. Each officer shall serve for one-year terms or until their successors are elected. The Committee shall adopt by-laws to govern the holding of its meetings, which, at a minimum, shall encompass the following: (a) Regular meetings shall be held on a specified day of each month. (b) Manner of holding and calling of special meetings. (c) A quorum will be comprised of the majority of all voting members present at the meeting. (d) Members not planning to attend a regular meeting or special meeting shall notify one of the co-chairpersons of the committee by 12:00 o'clock noon of the meeting day. 51— / Resolution No. 99-53 Page 5 (e) Any member with unexcused absences from two 2 consecutive regular meetings or not exhibiting interest in the work of the Committee shall be reported to the City Council and C.I.S.D. Board of Trustees, which may, at their discretion, remove the Committee member and appoint a replacement. (f) Minutes of each Committee meeting shall be filed with the City Secretary. Section 6: Committee Duties and Responsibilities. The duties and responsibilities of the Joint Drug and Alcohol Awareness Committee shall be to: (a) Participate in the development, implementation and recommendation of programs, initiatives, and/or action plans which will serve to focus on the goal of reducing drug and alcohol abuse by the youth of Southlake, (b) Involve the community in the effort to reduce youth drug and alcohol use, (c) Research and apply for grant funds to support the Committee's efforts. Section 7: Approval of the City Council and/or C.I.S.D. Board of Trustees, or their respective designees upon proper authorization, is required prior to the implementation of Committee recommendations for action. Section 8: This resolution shall become effective after its passage and adoption by the City Council. EXECUTED this day of , 1999. CITY OF SOUTHLAKE By: Mayor ATTEST: City Secretary 5T-g MINUTES Joint Drug & Alcohol Awareness Committee Monday, April 19, 1999 Meeting Minutes Members Present: Doug Strickland-Co-Chairperson, Jacky Brooks-Lawrence, Brad Bartholomew, Bob Hamilton, Roxanne Matela-Berenbeim, Margaret Melton Members Absent: Howard Addison, Debra Edmondson-Co-Chairperson, Gary Fawks, Joey Milner Staff Present: Jeff Marler, Police Sergeant-School Resources Officer, Gary Gregg, Deputy Director of Police Services, Shelli Siemer, Assistant to the City Manager Agenda Item No. 1- Call to Order. The meeting was called to order by Co-Chairperson Doug Strickland at 7:03 p.m. Agenda Item No. 2 - Public Forum. Doug Strickland opened up the meeting to public forum. There was no one in the audience to participate in the public forum. Agenda Item No. 3 -Consideration: Approval of Minutes from February 9, 1999 meeting. Brad Bartholomew made the motion to approve the minutes from the 2/9/99 meeting. Jacky Brooks-Lawrence seconded the motion. The motion passed unanimously. Agenda Item No. 4 Adopt By-Laws The by-laws were revised to incorporate the changes in the Resolution 98-68-A, which allows the committee to appoint sub-committee members & ex-officio members. The committee discussed quorum requirements and suggested it should remain at a majority of the committee. If members cannot attend the meetings the chairperson should call or send letters encouraging members to come or appoint a new member. Jacky Brooks-Lawrence questioned whether the committee still needed two City Council and two School Board members. Shelli Siemer reminded the committee that it is important for them to involve the City Council and School Board members because this is a community wide effort and they will need their support in the • programs. Doug Strickland suggested removing one School Board member in order to place a nurse on the Joint Alcohol and Drug Awareness Committee. Jacky Brooks-Lawrence would like to pursue the option of asking the City Council to revise the resolution to amend the appointments to the Joint Alcohol and Drug Awareness Committee to one City Council member and one School Board member. By-laws were tabled to the next meeting. 5Z—01 *** Unofficial Minutes**** Not Approved by Committee C Joint Drug & Alcohol Awareness Committee Tuesday, May 11, 1999 Meeting Minutes Members Present: Debra Edmonson-Co-Chairperson, Doug Strickland-Co-Chairperson, Gary Fawks, Bob Hamilton, Margaret Melton, Roxanne Matela- Berenbeim Members Absent: Howard Addison, Jacky Brooks-Lawrence, Brad Bartholomew, Joey Milner Staff Present: Gary Gregg, Deputy Director of Police Services, Shelli Siemer, Assistant to the City Manager, Elizabeth Rowland, CISD Coordinator of Special Services, Sean Leonard, Municipal Court Administrator Agenda Item No. 1 - Call to Order. The meeting was called to order by Co-Chairperson Doug Strickland at 7:03 p.m. Agenda Item No. 2 - Public Forum. Doug Strickland opened up the meeting to public forum. There was no one in the audience to participate in the public forum. Agenda Item No. 3 - Consideration: Approval of Minutes from April 19, 1999 meeting. Gary Fawks made the motion to approve the minutes from the 4/19/99 meeting. Roxanne Matela-Berenbeim seconded the motion. The motion passed unanimously. Agenda Item No. 4- Consideration: Adopt By-Laws. This item is on the agenda for the committee to consider adopting By-laws. Doug Strickland stated that he would like to pursue changing the Resolution which created the committee to allow the CISD and City Council to appoint either a member of the board or a designated representative. Doug would like to appoint a nurse from the school district to replace the position of CISD Board member Howard Addison. Gary Fawks suggested approving the By- laws with the understanding the resolution will be revised. Doug Strickland motioned that the By-Laws be adopted with those revisions. Roxanne Matela- Berenbeim seconded the motion. The motion carried unanimously. • Agenda Item No. S- Consideration: Drug and Alcohol Committee Slogan. Bob Hamilton stated that adopting a slogan will create an identity for the committee and ' market their efforts by encouraging businesses to endorse the slogan and reinforce to the community that Southlake is a drug and alcohol free community. Bob presented four slogans revised from the previous meeting to the committee for consideration. There was discussion 5-� -la City of Southlake, Texas MEMORANDUM June 11, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Resolution No. 99-44 Appointing Council Member Patsy DuPre to the City of Southlake and Carroll I.S.D. Joint Utilization Committee Action Requested: City Council approval of Resolution No. 99-44 appointing Council Member Patsy DuPre to the City of Southlake and Carroll I.S.D. Joint Utilization Committee. Background Information: The Joint Utilization Committee at their June 10, 1999 meeting approved revisions to their procedures to accommodate an additional City Council member to serve as a representative. The City resolution originally establishing the Joint Utilization Committee did not specify appointments or the makeup of the Committee. (ipe The revisions expand the total number of voting members on the Committee from five to six. The resulting change increases the number of representatives appointed by the City Council from two to three, with two of the representatives being members of the City Council. The remaining Carroll Independent School District and Parks and Recreation Board representation remain unchanged. Council Member Patsy DuPre has expressed an interest in representing the City of Southlake on the Joint Utilization Committee and is seeking the endorsement of the City Council. Financial Considerations: Not Applicable. Citizen Input/ Board Review: Not Applicable. Legal Review: Not Applicable. Alternatives: Make no changes to the existing representation on the Joint Utilization Committee. 5J-1 L Billy Campbell, City Manager June 11, 1999 Page 2 Supporting Documents: Resolution No. 99-44 endorsing Council Member Patsy DuPre as a City Council representative on the Joint Utilization Committee. Staff Recommendation: Present to City Council for consideration Resolution No. 99-44 endorsing Council Member Patsy DuPre as a new representative on the Joint Utilization Committee. KH L 5J-2 C -.,,-L City of Southlake, Texas RESOLUTION NO.99-44 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS ' APPOINTING A MEMBER TO THE JOINT UTILIZATION COMMITTEE (JUC); PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Southlake, Texas, formed a Joint Utilization Committee (JUC) to work with City and Carroll ISD staff in developing and implementing joint use projects; and, WHEREAS, JUC "Policies and Procedures" established that the committee consist of at least five (5)members: two (2) appointed by Southlake City Council, one (1) of which shall be a member of City Council; two (2) members appointed by Carroll ISD Board of Trustees, one of which shall be a member of the CISD Board of Trustees; and one (1) representative from the Parks and Recreation Board as selected by the Chair of the Board; and, WHEREAS, on June 10, 1999, the JUC board approved amending their "Policies and Procedures" pertaining to membership to allow a second Southlake City Council member to be appointed to the board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF le SOUTHLAKE,TEXAS,THAT: Section 1. All of the above premises are found to be true and correct and are hereby incorporated into the body of the resolution as if copied in their entirety. Section 2. The City Council desires to appoint the following member to serve on the Joint Utilization Committee: Patsy DuPre Councilmember Section 3. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 15TH DAY OF JUNE, 1999. CITY OF SOUTHLAKE, TEXAS . Mayor Rick Stacy ATTEST: (asiSandra L. LeGrand City Secretary d:\wp-files\citysec\reso lu\99-44.doc 5J-3 • City of Southlake, Texas , MEMORANDUM June 11, 1999 TO: Billy Campbell, City Manager FROM: Kim Bush, Secretary to the City Manager SUBJECT: Resolution No. 99-52, A resolution in support of establishing focus groups between Carroll Independent School District and the City of Southlake to study projects of mutual interest. Action Requested: City Council support in establishing focus groups between Carroll Independent School District and the City of Southlake to study projects of mutual interest. Background Information: At the request of Councilmember Rex Potter, the City Council discussed at their meeting on May 18 the establishment of joint CISD/City focus groups regarding the stadium, natatorium and the three upcoming schools. Council directed City staff to place a resolution on the next meeting agenda in support Lof the focus groups for the issues mentioned. Staff discussions with Councilmember Potter suggest that there are a number of other issues that could also be studied through the use of focus groups. Financial Considerations: None Citizen Input/ Board Review: Councilmember Potter has met with the CISD school board concerning their support on pursuing the establishment of the focus groups. Legal Review: None Alternatives: This is a formality. City Council expressed their support for a resolution at the May 18 regular meeting. Supporting Documents: Resolution No. 99-52 Councilmember Potter's request dated May 14, 1999 Staff Recommendation: Staff recommends Council approval of this item. LApproved for Submittal to City Council: City anager's Office L L City of Southlake, Texas RESOLUTION NO. 99-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, SUPPORTING THE ESTABLISHMENT OF FOCUS GROUPS BETWEEN THE CITY OF SOUTHLAKE AND THE CARROLL INDEPENDENT SCHOOL DISTRICT TO STUDY PROJECTS OF MUTUAL INTEREST. WHEREAS, the Carroll Independent School District and the City of Southlake are experiencing tremendous growth which has generated the need for more services and facilities to address the needs of the community; and WHEREAS, it is the desire of the City Council of the City of Southlake to work more closely with the Carroll Independent School District to ensure that all aspects of the community needs are represented by all interested persons; and WHEREAS, the City Council of the City of Southlake believes that the establishment of focus groups between the City of Southlake and the Carroll Independent School District to study projects of mutual interest will be in the best interest of the community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That it is the desire of the City Council of the City of Southlake to direct City staff to initiate the establishment of focus groups with the Carroll Independent School District, its board and staff, as projects of mutual interest arise. SECTION 2. That the membership of the focus groups may consist of members of the City Council, the Carroll Independent School District Board, and those in the community interested in serving with City staff and District staff assigned to study the individual projects. • PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE ON THIS DAY OF , 1999. Resolution No. 99-52 Page 2 C Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary C U 06/09/1999 04 :58PM FAXCOM PAGE Z OF 5 May 14 1999 , 1 To: Honorable Mayor and City Council 3iemoers From: Rex Potter,Council Member, Place 1 Subject: Discussion of the potential establishment of Joint CISD;Council Focus Groups During my recent political campaign. I consistently heard concerns from our citizens that they believe that our two governing bodies (CISD and Council) are not effectively working together. Although I am new member within this distinguished Council, I believe that we have considerable room for improvement and I would like for us to take near-term steps to demonstrate to our constituents that we are working to improve our rotatinnchin u-ith the('lc) 1:1/12r(1 With the Board of Trustee. meeting the `5th and the Tr,stees taking their CISD LJVtal ll Trustees llle�.11l/CJ on J Lll�. new L1l�Jl�.�.J lUl\lll.J". their oath, I believe that it will provide a positive gesture on our part t0 attend the ceremonies J 1. 1__ T....t.__ 1.'1_ ]_.ir /__ CISD T._ .] arid CUiigiutu«tC tue iicw ftua�ccs wfufC e:ipicsSffig otii ueauc iu fife 11dN- CISD Board and their staff that we want to explore ways to improve and enhance our relationship. I encourage each of you, where possible,to attend the meeting. (lowe Next, I would like to request this Council and the C1SI Board to consider the creation of Joint Council;'Board Focus Groups to address the implementation of various upcoming projects that will significantly affect our two governing bodies in the near future. These Focus Groups can work towards mitigating the impacts of the project to adjacent homeowners and surrounding areas, addressing potential development issues, improving coordination between the CISD and City representatives, improving the communication of related information to our citizens, while taking steps to enhance the overall quality of the individual projects. These Focus Groups should work in concert with the Joint Use Committee, hut not overlap their responsibilities. I've attached a summary of my proposed approach with upcoming projects to consider. With your :t it n se t s approach tothe CISDBoardat their next ,o r I :l! rropo .. this h .I meeting. I'm a n*—ti ely scheduled to addIVOS the Board on the 25th. If Vat:di—grew V.ith my suggestion,then it is notbe a problem to have the item removed from their agenda. I recommend that, upon receiving go-ahead of this approach from both governing bodies, our staffs present a more detail plan to the Council and the Board at each respective meeting. At that time, we can appoint representatives and assign the necessary staff members. Lastly, Jerry Lawrence and I are trying to set-up a friendly co-ed game of softball between Council, Board, and our stalls. We are in the preliminary stages of our planning L 06/09/1999 04 :58PM FAXCOM PAGE 3 OF 5 Page 2 of 3 but I wanted to get your thoughts before moving out. If everyone is willing to play, Jerry and I thought it would be fun to have Jerry and maybe some other Trustees to attend our next Council meeting and they challenge the Council to this friendly competition. The time and place of the game is to be determined, but, hopefully, we can host this event in the June. If we are in agreement, I will continue to work with Jerry on the specific arrangements. In summary, I believe these actions will send a positive signal to the CISD Board, our staffs, and to our constituents that we are making the extra effort to work together as one community. If you have any questions,please give me a call. Regards, • L Ub/09/1999 04 :58PM FAXCOM PAGE 4 OF 5 Page 3 of 3 Joint CISD/Council Focus Groups P • Objective: To establish a Joint CISD;Council Focus Groups to work together to mitigate the impacts of the project to adjacent homeowners and surrounding areas, address potential development issues, improve coordination between the CISD and City representatives, improve communication of related information to our citizens, while taking steps to enhance the overall quality the individual projects. Membership: Consists of two members from each governmental body, one citizen at large.with appropriate respective staff assignment. Duration: Set-up the Focus Group now and continue to operate through the completion of each project or as determined by the Focus Group. Meet at times and frequency to be determined by the Focus Group. Feedback: Periodically,the respective representatives shall give status updates to the Council Board. Project»1 CND Football Stadium Project 42 CUSD Natatorium Project 43 Construction of three new CISD Schools Potential Issues to Address: (1) Road Construction and other capital improvements (2) Traffic flow (3) Building placement (4) Drainage (5) Noise (6) Lighting (7) Entrance and exit to project (8) Landscaping (9) Buffer yards (10) Impervious coverage (11) Signage (12) Fencing (13) Traffic lighting and speed limits 17) e . City of Southlake,Texas MEMORANDUM June 10, 1999 TO: Billy Campbell, City Manager FROM: Lynn Martinson, Chief Accountant SUBJECT: Ordinance No. 740, 2°d Reading, Authorizing the Issuance of "City of Southlake, Texas, Tax and Tax Increment Surplus Revenue Certificates of Obligation, Series 1999," and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates. Action Requested: Approval of Ordinance No. 740 on 2nd reading, to issue certificates of obligation for the first phase of the Town Hall project within the Tax Increment Reinvestment Zone. A Public Hearing is required. Background Information: The agreement for architectural services and construction management services for the Town Hall project were recently approved by the City Council. The total for both of these agreements is $2.7 million ($1.2 million for the architectural services, $390,000 for the construction management fee and $1.11 million for the general conditions fee for construction management). An additional $800,000 is included for infrastructure and to provide funding to initiate the phased construction of the project. The par amount of the certificates is proposed at $3.61 million, of which $110,000 is for accrued interest, issuance costs, underwriter's discount and bond insurance premium. The Council approved Resolution No. 99-08 on February 16, 1999 establishing a maximum dollar amount for the certificates at $3.61 million. The certificates are issued and approved by the adoption of an ordinance, with the 1' and 2`d readings scheduled for March 23 and June 15, respectively. Since approval on first reading, Ed Esquivel, Bond Counsel, has raised an issue which required clarification by the Texas Attorney General. He was seeking clarification regarding the impact of the inclusion of school projects in the project plan. Essentially, Mr. Esquivel has received "pre- approval" from the Attorney General prior to the sale of the certificates of obligation. L 7A - I a Billy Campbell, City Manager Ordinance No. 740 June 10, 1999 page 2 Financial Considerations: The certificates of obligation will be issued with a dedicated pledge of accumulated tax increment reinvestment zone revenues, and a backup pledge of the City's property tax. The repayment of the certificates will be structured such that interest only would be paid for the first few years, minimizing the initial outlays required. The reinvestment zone was created effective January 1, 1997, meaning that date is the baseline for the values within the zone. City, county, hospital district, and junior college district property taxes collected on the increment values after that date are dedicated to the zone, and will be used to fund the Town Hall and other infrastructure improvements within the zone. Citizen Input/ Board Review: A Public Hearing is scheduled on June 15, 1999 for consideration of this ordinance. Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such, has prepared the Ordinance. As mentioned previously, he has obtained clarification with the Attorney General Lwe regarding school projects being included in the project plan. Alternatives: None available other than pay-as-you-go within the Tax Increment Reinvestment Zone. Supporting Documents: 1999 Capital Improvement Program Schedule of Events Ordinance No. 740 Staff Recommendation: Approval of Ordinance No. 740, 2nd reading, issuing combination Tax, and Tax Increment Certificates of Obligation, Series 1999. Approved for Submittal to City Council: L City Manager's Office � t s ORDINANCE NO. ( TO AN ORDINANCE authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS, TAX AND TAX INCREMENT SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1999"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the certain tax increment revenues; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in the maximum principal amount of$3,610,000 for the purposes of paying contractual obligations to be incurred for(a) the construction of public works in Reinvestment Zone Number One, to wit: acquiring, constructing and equipping a new city hall, including related site improvements and landscaping and (b) professional services rendered in relation to such project and the financing thereof, has been duly published in The Fort Worth Star Telegram, a newspaper hereby found and determined to be of general circulation in the City of Southlake, Texas, on 1999 and , 1999, the date the first publication of such notice being not less than fifteen (15) days prior to the tentative date stated therein for the second reading and final passage of the ordinance authorizing the issuance of such certificates; and WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and WHEREAS, the Council hereby finds and determines all of the certificates of obligation described in the aforesaid notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of$3,610,000,to be designated and bear the title"CITY OF SOUTHLAKE,TEXAS,TAX AND TAX INCREMENT SURPLUS REVENUE CERTIFICATES OF OBLIGATION,SERIES 1999" (hereinafter referred to as the"Certificates"), for the purposes of paying contractual obligations to be incurred for(a)the construction of public works in Reinvestment Zone Number One, to wit: acquiring, constructing and equipping a new city hall, including related site improvements and landscaping and (b) professional services rendered in relation to such project and the financing thereof, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended. 761632.1 SECTION 2: Fully Registered Obligations - Authorized Denominations-Stated L Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated April 15, 1999(the"Certificate Date")and shall be in denominations of$5,000 or any integral multiple thereof(within a Stated Maturity)and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts(the"Stated Maturities")and bear interest at the per annum rate(s) in accordance with the following schedule: . Year of Principal Interest Stated Maturity Amount Rate(s) 2006 $185,000 % 2007 195,000 % 2008 205,000 % 2009 215,000 % 2010 225,000 % 2011 235,000 % 2012 245,000 % 2013 260,000 % 2014 270,000 % 2015 285,000 % 2016 300,000 % 2017 315,000 % 2018 330,000 % 2019 345,000 % The Certificates shall bear interest on the unpaid principal amounts from the Certificate P P P Date at the rate per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months), and such interest shall be payable on February 15 and August 15 of each year, commencing February 15, 2000. SECTION 3: Terms of Payment-Paving Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption, or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America,which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Chase Bank of Texas, National Association to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A,and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in L., 761632.1 -2- IA i t J L connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar(i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close,then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the Loriginal date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The Certificates having Stated Maturities on and after February 15, 2009 shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2008, or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five(45)days prior to a redemption date for the Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem 761632.1 -3- �A-S ..‘ L Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. • (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5,000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty(30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv)state that the Certificates,orthe portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, provided moneys sufficient for the payment of such Certificate(or the principal amount thereof to be redeemed)at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. SECTION 5: Registration - Transfer - Exchange of Certificates-Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. 761632.1 -4- . i f Upon surrender of any Certificate for transfer at the Designated Payment/Transfer Office c„„ of the Paying Agent/Registrar,the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or Lexchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 19 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), L. 761632.1 -5- La limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the"DTC Participants"). . While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution- Registration. The Certificates shall be executed on behalf of L the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(s) and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas,or his duly authorized agent,or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8: Initial Certificate(s). The Certificates herein authorized shall be initially issued either(i)as a single fully registered certificate in the total principal amount of$3,610,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or(ii) as multiple fully registered certificates, being one certificate for each year (.. 761632.1 -6- 1A g L of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificate(s)") and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s)shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). . Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Certificates,the Registration Certificate of the Comptroller of Public Accounts of the State of Texas,the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association)and such legends and endorsements(including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an L opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof,with an appropriate reference thereto on the face of the certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. 761632.1 -7- B. Form of Certificates. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND TAX INCREMENT SURPLUS REVENUE CERTIFICATE OF OBLIGATION, SERIES 1999 Certificate Date: Interest Rate: Stated Maturity: CUSIP NO: April 15, 1999 Registered Owner: Principal Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered CeOwner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated(or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2000. Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor; provided, however, while this Certificate is registered to Cede&Co.,the payment of principal upon a partial redemption of the principal amount hereof may be accomplished without presentation and surrender of this Certificate. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United 761632.1 -8- 7A 10 L States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $3,610,000 (herein referred to as the "Certificates") for the purposes of paying contractual obligations to be incurred for (a) the construction of public works in Reinvestment . Zone Number One,to wit:acquiring,constructing and equipping a new city hall, including related site improvements and landscaping and (b) professional services rendered in relation to such project and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City(herein referred to as the "Ordinance"). The Certificates maturing on and after February 15,2009, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2008, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty days prior to a redemption date,the City shall cause a written notice of such redemption to be sent by United States Mail,first class postage prepaid,to the registered owners of each Certificate to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal sum) shall have been duly called for redemption and notice of such L redemption duly given, then upon the redemption date such Certificate (or the portion of its principal sum to be redeemed) shall become due and payable, and, if moneys for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable from and after the redemption date on the principal amount redeemed. In the event a portion of the principal amount of a Certificate is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar,and a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and are additionally payable from and secured by a lien on and pledge of certain Tax Increment Revenues (as defined in the L761632.1 -9- 1A-II LOrdinance)of Reinvestment Zone Number One, City of Southlake,Texas(the"Zone"), such lien and pledge, however, being junior and subordinate to the lien on and pledge of the Tax Increment Revenues of the Zone securing the payment of Prior Lien Obligations (identified and defined in the Ordinance) hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates;the nature and extent of the limited pledge of the Tax Increment Revenues securing the payment of the Certificates; the terms and conditions relating to the transfer or exchange of this Certificate;the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledge of the Tax Increment Revenues and covenants made in the Ordinance may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly (0, endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii)on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. 761632.1 -10- �7A-ia , . L It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due . time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance;that the Certificates do not exceed any Constitutional or statutory limitation;and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF SOUTH LAKE, TEXAS COUNTERSIGNED: Mayor C City Secretary (SEAL) L761632.1 -1 1- 14-13 C. `Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificates) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Do Not Print on Definitive Certificates Cie D. Form of Certificate of Paving Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office"for this Certificate. Registration Date: CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, as Paying Agent/Registrar By Authorized Signature 761632.1 -12- E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: )the within Certificate and all rights thereunder,and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment Signature guaranteed: must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the certificate the headings "Interest Rate " and "Stated Maturity " shall both be omitted; (ii) paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas,for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above,or the registered assigns thereof,the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof). 761632.1 -13- 7A-I s L (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 2000. , Principal installments of this Certificate are payable at its Stated Maturity or on a prepayment date to the registered owner hereof by Chase Bank of Texas, National Association (the"Paying . Agent/Registrar"), upon presentation and surrender, at its designated offices in Dallas, Texas (the"Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the"Record Date", which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized,and the levy of taxes and appropriation of Tax Increment Revenues therefor,the following words or terms,whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Additional Obligations" shall mean tax and revenue obligations hereafter issued which by their terms are payable from ad valorem taxes and additionally payable from and secured by a parity lien on and pledge of the Tax Increment Revenues of the Zone of equal rank and dignity with the lien and pledge securing the payment of the Certificates. (b) The term "Certificates" shall mean the $3,610,000 "City of Southlake, Texas, Tax and Tax Increment Surplus Revenue Certificates of Obligation, Series 1999" authorized by this Ordinance. (c) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (d) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (e) The term "Fiscal Year" shall mean the twelve month financial accounting period used by the City which may be any twelve consecutive month period established by the City. 761632.1 -14- 1A-lL' • L (f) The term"Government Securities"shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America,and the United States Treasury obligations such as its State and Local Government Series in book-entry form. (g) The term "Outstanding"when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 20 hereof; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 19 hereof. (h) The term "Prior Lien Obligations" shall mean all bonds or other (fte similar obligations hereafter issued payable from and secured by a lien on and pledge of the Tax Increment Revenues of the Zone superior to the lien on and pledge of the Tax Increment Revenues of the Zone securing the Certificates. (i) The term "Tax Increment Revenues" shall mean all amounts deposited in the tax increment fund for the Zone created pursuant to Chapter 311 of the Texas Tax Code and by an ordinance adopted by the City Council of the City on September 23, 1997 as amended on December 2, 1997. (j) The term"Zone"shall mean Reinvestment Zone Number One,City of Southlake, Texas, heretofore created pursuant to Chapter 311 of the Texas Tax Code and by an ordinance adopted by the City Council of the City on September 23, 1997 as amended on December 2, 1997. SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates, there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 1999 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND",and all moneys deposited to the credit of such Fund shall be shall be kept and maintained in a special banking account at the City's depository bank. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be 761632.1 -15- Ltransferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the , last business day next preceding each interest and principal payment date for the Certificates. Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the"Public Funds Investment Act" (V.T.C.A., Government Code, Chapter 2256) relating to the investment of"bond proceeds"; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12: Tax Levy. To provide for the payment of the"Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such Debt Service Requirements,full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service LRequirements,and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner: (a) Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the Council shall determine: (1) The amount on deposit in the Certificate Fund after(a) deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Tax Increment Revenues of the Zone appropriated and allocated to pay such Debt Service Requirements prior to the Collection Date for the ad valorem taxes to be levied. (2) The amount of Tax Increment Revenues of the Zone,appropriated and to be set aside for the payment of the Debt Service Requirements on the 761632.1 -1 6- 6 1A-IZ • Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (3) The amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (b) The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (3) above less the sum total of the amounts established in paragraphs (1) and (2), after taking into consideration delinquencies and costs of collecting such annual taxes. It is the intent of this Section 12 that the Certificates will be paid first from Tax Increment Revenues and from ad valorem taxes only to the extent Tax Increment Revenues are insufficient for the payment of the Debt Service Requirements. SECTION 13: Pledge of Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Tax Increment Revenues of the Zone to the payment and security of Prior Lien Obligations, the Tax Increment Revenues of the Zone, with the exception of those in excess of the amounts required to be deposited to the Certificate Fund as hereafter provided, are hereby irrevocably pledged, equally and ratably, to the payment of the principal of and interest on the Certificates, and Additional Obligations, if issued, and the pledge of Tax Increment Revenues of the Zone herein made for the payment of the Certificates shall constitute a lien on the Tax Increment Revenues of the Zone in accordance with the terms and provisions hereof and be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. SECTION 14: Deposits to Certificate Fund. The City hereby covenants and agrees to cause to be deposited to the credit of the Certificate Fund prior to each principal and interest payment date for the Certificates from the pledged Tax Increment Revenues of the Zone, after the deduction of all payments required to be made to the special Funds or accounts created for the payment and security of the Prior Lien Obligations, an amount equal to one hundred per centum (100%)of the amount required to fully pay the interest and principal payments then due and payable on the Certificates, such deposits to pay accrued interest and maturing principal on the Certificates to be made in substantially equal monthly installments on or before the last day of each month beginning on or before the last day of the month following the date of delivery of the Certificates to the initial purchaser. The monthly deposits to the Certificate Fund, as hereinabove provided, shall be made until such time as such Fund contains an amount equal to pay the principal of and interest on the Certificates to maturity. Accrued interest received from the purchasers of the Certificates deposited to the Certificate Fund and ad valorem taxes levied, collected and deposited in the Certificate Fund for and on behalf of the Certificates may be taken into consideration and reduce the amount of the monthly deposits otherwise required to be deposited in the Certificate Fund L761632.1 -17- 1419 • from the Tax Increment Revenues of the Zone. In addition, any proceeds of sale of the Certificates in excess of the amount required to pay the contractual obligations to be incurred (including change orders to a construction contract) shall be deposited in the Certificate Fund, which amount shall reduce the sums otherwise required to be deposited in said Fund from ad , valorem taxes and the Tax Increment Revenues of the Zone. SECTION 15: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 16: Special Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Tax Increment Revenues of the Zone to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under Chapter 311, Texas Tax Code, and V.T.C.A., Local Government Code, Sections 271.041, et seq. (b) Other than for the payment of the Certificates, the Tax Increment Revenues of the Zone have not in any manner been pledged to the payment of any debt or obligation of the City or of the Zone. Ce SECTION 17: Issuance of Prior Lien Obligations/Additional Parity Obligations. The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and such Prior Lien Obligations hereafter issued may be payable, in whole or in part, from the Tax Increment Revenues upon such terms and conditions as the City Council may determine. Additionally, the City reserves the right to issue obligations payable, in whole or in part, from the Tax Increment Revenues of the Zone and, to the extent provided, secured by a lien on and pledge of the Tax Increment Revenues of equal rank and dignity with the lien and pledge securing the payment of the Certificates. SECTION 18: Application of Prior Lien Obligations Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the Zone, and the administering and application of revenues derived from the Zone,shall to the extent possible be harmonized with like provisions,agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. 761632.1 -1 g- SECTION 19: Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and , substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed,lost,or stolen Certificates. The provisions of this Section are exclusive and shall preclude(to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 20: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of Ltaxes levied under this Ordinance and the Tax Increment Revenues of the Zone (to the extent such pledge of Tax Increment Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates)and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any principal amount(s)thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when(i)money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as 761632.1 -19- �7A-al • L "arbitrage bonds"within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment . of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of four(4)years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 21: Ordinance a Contract-Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of Le the provisions of this Ordinance; provided that,without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or(3)reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 22: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date"has the meaning set forth in Section 1.148-1(b)of the Regulations. L, 761632.1 -20- "Gross Proceeds"means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment"means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield"of(1)any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, 761632.1 -21- 74Z constructed or improved with such Gross Proceeds in any activity carried on by any person or entity(including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition,construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder,the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay,output or similar contract or arrangement;or(3)indirect benefits,or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the L economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extentpermitted bysection g p 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds(or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. ,r (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and 761632.1 -22- • apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law,the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent(100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter(and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have 761632.1 -23- �A-as , l ,.. L . resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. (j) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City Manager and Director of Finance, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or . appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 23: Sale of Certificates-Official Statement Approval. The Certificates authorized by this Ordinance are hereby sold by the City to (herein referred to as the "Purchasers") in accordance with the Purchase Contract, dated April 6, 1999, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The acts of the Mayor in executing said Purchase Contract for and on behalf of the City and as the act and deed of this Council is hereby ratified, confirmed and approved, and in regard to the approval and execution of the Purchase Contract,the Council hereby finds, determines and declares that the representations, warranties and agreements of the City (contained therein) are true and correct in all material respects and shall be honored and performed by the City. Furthermore, the use of the Official Statement by the Purchasers in connection with the public offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale, attached as exhibit A to Le the Purchase Contract (together with such changes approved by the Mayor, City Manager, Director of Finance or City Secretary, individually or jointly), shall be and is hereby in all respects approved, and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated April 6, 1999, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 24: Proceeds of Sale. The proceeds of sale of the Certificates, excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. Accrued interest and premium, if any, as well as all surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. SECTION 25: Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates,the investigation by the Attorney General of the State of Texas, including L 761632.1 -24- -71q- u ti Lthe printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, City Secretary, Director of Finance and City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate(s)to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 26: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event,such notice shall be sufficiently given(unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides L for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 27: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 28: Bond Counsel's Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said opinion shall accompany the global certificates deposited with The Depository Trust 761632.1 -25- �A-2,7 s (op, Company or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. SECTION 29: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however,that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality . thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 30: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, and this Ordinance and all its provisions is intended to be and shall be for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 31: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 32: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. LSECTION 33: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 34: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 35: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 36: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR' means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. L, 761632.1 -26- .a "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC' means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 1999) financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 23 of this Ordinance, being the information described in Exhibit C hereto. Financial statements to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit C hereto and (2)audited,if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report, when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; 761632.1 -27- 7/1 a9 , i L 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner,of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations,Disclaimers,and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person"with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection(c)hereof of any Certificate calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly ( provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOL DER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY,WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART,OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim,waive,or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section,as so amended,would have permitted underwriters to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into $ -28- - 761632.1 7A_SO • 4 A Exhibit C to Ordinance , DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 36 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 6 and 8 through 14 of the Official Statement. Accounting Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to governmental units as prescribed by The Government Accounting Standards Board. 761632.1 City of Southlake, Texas MEMORANDUM June 11, 1999 TO: Billy Campbell, City Manager FROM: Garland Wilson, Director of Public Safety SUBJECT: Ordinance No. 735, 2nd Reading, Requiring that persons under 15 wear a bicycle helmet while riding on public ways. Action Requested: City Council consideration of Ordinance No. 735 on second reading. Background Information: On November 3, 1998 members of the Greater Southlake Women's Society made a presentation to members of the Southlake City Council requesting the adoption of an ordinance requiring the mandatory wearing of an approved helmet by all persons riding a bicycle under the age of eighteen (18). Submitted at the time as reference was a proposed ordinance under adoption by the city of Arlington. The City Council directed the Department of Public Safety to meet with all interested persons to determine community interest, support and need. Three meetings were held, an ordinance was drafted for review and a substantial amount of commentary developed, along with other alternatives. A report of activities and alternative selections is attached. Additionally, State Representative Bill Carter introduced legislation that would require all persons under eighteen (18) statewide to wear a bicycle helmet. The bill, HB 673, died after a House Senate conference committee could not agree on amendments. On first reading, amendments were added to the ordinance reducing the age from 18 to under 15. Also, mandatory dismissals are now required on first and second offenses, provided certain conditions are met. Financial Considerations: The ordinance allows the Municipal Court to levy a fine upon conviction of the first offense in an amount not more than $25.00. All subsequent convictions could be fined not more than $50.00. Citizen Input/ Board Review: Citizen input has been received. See attached report. Additional SPIN meeting is scheduled for Thursday, June 10, 1999 to allow for further public comment. Legal Review: This ordinance was prepared by City Attorney Analeslie Muncey, who has approved the ordinance under consideration by City Council. 7B-1 Billy Campbell June 11, 1999 Page 2 Alternatives: See attached report. Supporting Documents: Ordinance No. 735, statistical documentation, proposed state law and summary report. Staff Recommendation: Place Ordinance No. 735, regulating the wearing of a bicycle helmet by persons under the age of 15 while riding a bicycle on public ways on the June 15, 1999 City Council meeting agenda for second reading. GW/bls (11w Approved for Submittal to City Council: City Manager's Office L 7B-2 ORDINANCE NO. 735 AN ORDINANCE REQUIRING THAT PERSONS UNDER 15 WEAR A BICYCLE HELMET WHILE RIDING A BICYCLE ON PUBLIC WAYS; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; 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 children who operate or ride upon a bicycle or a device attached to a bicycle along a public way, it is necessary to require children to wear bicycle helmets; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION That Chapter 18 of the Southlake City Code is hereby amended by the addition of Article IIIA, which shall read as follows: Article IIIA. Bicycles Sec. 18-95. Purpose The purpose of this article is to protect children who operate or ride upon a bicycle or any side car, trailer, child carrier, seat, or other device attached to a bicycle. Sec. 18-96. Definitions In this ordinance: BICYCLE means a human powered vehicle with two wheels in tandem designed to transport by a pedaling action a person seated on a saddle seat. CHILD means any person under 15 years of age. CITY means the City of Southlake, Texas. 7B-3 • DEALER means a commercial establishment that sells or leases new or used bicycles, whether its principal business activity, or in connection with the selling or leasing of other merchandise, from a place of business within the city. HELMET means a properly fitted bicycle helmet that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or another federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. PARENT means the natural or adoptive parent or court-appointed guardian or conservator of a child. PUBLIC WAY means property that is publicly owned or maintained, including, but not limited to, a street or highway, a sidewalk, a publicly maintained trail, and a public park facility. WEARING A HELMET means that the person has a helmet fastened securely to the person's head with the straps of the helmet securely tightened. (be, Sec. 18-97. Helmet Required. (a) A child ten years of age or older commits an offense if the child operates or rides a bicycle or rides in a side car, trailer, child carrier, seat, or other device attached to a bicycle unless the child is wearing a helmet. (b) A parent commits an offense if the parent allows a child under ten years of age to operate or ride a bicycle or rides in a side car, trailer, carrier, seat, or other device attached to a bicycle unless the child is wearing a helmet. (c) It is presumed that a parent allowed a child under ten years of age to operate or ride a bicycle or rides in a side car, trailer, carrier, seat, or other device attached to a bicycle without wearing a helmet. (d) It is a defense to prosecution that the bicycle was not being operated upon a public way at the time of the alleged offense. 0528BicycleHlmnt-ord.doc(11/24/98) (bAri Page 2 7B-4 Sec. 18-98. Passengers. (a) A person commits an offense if the person operates a bicycle on a public way carrying on the bicycle more persons at one time than the number of persons for which the bicycle was originally designed and equipped. (b) (b) It is a defense to prosecution under this section that the person was in a child carrier, side car, or trailer specifically designed and manufactured for the purpose of carrying or pulling a passenger on, beside, or behind a bicycle and that the carrier, side car, or trailer was equipped with a harness to hold the person securely in the seat and that protection was provided to keep the feet or hands of the person from hitting the spokes of the wheel of the bicycle. (c) A person commits an offense if the person operates a bicycle on a public way while transporting a child under the age of one year on the bicycle. Sec. 18-99. Sale or Lease of a Bicycle by Dealers. (a) A dealer commits an offense if the dealer sells a bicycle, bicycle side car, trailer, or child carrier without providing a written statement to the purchaser advising of the terms of this ordinance. The statement shall be in a form promulgated by the Director of Public Safety. Upon request, the Director of Public Safety shall provide a sample of the required form to the dealer. However, printing and distribution of copies shall be at the dealer's expense. (b) A dealer may not lease a bicycle to a person for use by a child unless the dealer: (1 ) provides a helmet for the use of each child who will operate or ride on the bicycle; or (2) determines that each child who will operate or ride on the bicycle has a helmet available. (c) dealer may impose an additional fee for use of a helmet if the dealer sells or leases a helmet to a bicycle lessee. Sec. 18-100. Penalty. (a) A person who violates a provision of this article shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not more than $25.00 upon the first conviction and an amount not more than $50.00 upon the second and each subsequent conviction. L, 0528BicycieHlmnt-ord.doc(11/24/98) Page 3 7B-5 • (b) The municipal court shall dismiss a charge against a person for a first offense under Section 18-97 upon receiving proof that: (1) the defendant acquired a helmet for the child who was operating or riding in violation of Section 18-97; and (2) the defendant acquired the helmet on or before the 10th day after receiving the citation for the violation. (c) Upon the appearance of a person for violation of Section 18-97 for the second offense, the municipal court shall dismiss the charge if: (1) the defendant attends a bicycle safety course approved by the court; and (2) not later than the 90th day after the date of the plea, the defendant presents to the court, in the manner required by the court, evidence of satisfactory completion of the bicycle safety course. (d) If the charge against a person is dismissed under Subsection (b), a later conviction under Section 18-97 shall be considered a second or subsequent conviction for purposes of Subsection (a) of this section. (e) The purpose of this ordinance is to encourage the use of helmets. In keeping with that purpose, the municipal courts are urged to consider deferred dispositions under Article 45.54 of the Texas Code of Criminal Procedure, whenever the circumstances warrant deferred dispositions. SECTION 2. Cumulative Clause This ordinance shall be cumulative of all provisions 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. SECTION 3. 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 a phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not effect the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council 7B-6 without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. 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 5. Effective Date 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. 05286icycleHlmnt-ord.doc(11/24/98) Page 5 7B-7 L PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1999. MAYOR (ii.., ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney L 05286icycleHlmnt-ord.doc(11/24/98) Page 6 7B-8 J.AN. -or 991FR11 10:58 REP BILL CARTER TEL:512 463 1283 P. 002 L By B. No. A BILL TO BS ENTITLED 1 AN ACT 2 relating to requiring the use of protective helmets for bicycle 3 safety; providing criminal penalties. - 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 5 SECTION 1. Section 758.001, Health and Safety Code, is 6 amended to read as follows: 7 sec. 758.001. DEFINITIONS. In this chapter: 8 (1) "Bicycle" means a human-powered vehicle with two 9 wheels in tandem designed to transport by a pedaling action of a 10 person seated on a saddle seat. 11 (2) "Department" means the Department of Public 12 Safety. 13 (3) "Operator" means a person who travels by pedaling 14 on a bicycle seated on a saddle seat. 15 (4) "Other public right-of-way" means any 16 right-of-way, other than a public roadway or public bicycle path, 17 that is accessible by the public and designed for use by vehicular 18 or pedestrian traffic. 19 (5) "Protective bicycle helmet" means headgear that 20 meets or exceeds the impact standards for protective bicycle 21 helmets set by the United States Consumer Product Safety 22 Commission, the Snell memorial Foundation, or an appropriate state 23 agency. 24 j¢j "Public bicycle path" means a right-of-way under 76R3022 JRD-D 1 7B-9 JAN. -or 991FRII 10:58 REP BILL CARTER TEL:512 463 1283 P. 003 L 1 the jurisdiction and control of this state or a local political 2 subdivision for use primarily by bicycles or by bicycles and 3 pedestrians. 4 L7,Z (f6}) Public roadway means a .right-of-way under 5 the jurisdiction and control of this state or a local political 6 subdivision for use primarily by motor vehicles. - 7 (fg}---Alrfeyelez-name--e--three-wheeled--heman-powered 8 vekiele--that-is-designed-trbeve-e-seer-ne-sore-tken-twe-fleet-frem 9 the-geeand-led-be-esed-es-e-ley-by-a-child-younger-than—siz--Years 10 of-ages] (re ii SECTION 2. Section 758.002(a), Health and Safety Code, is 12 amended to read as follows: 13 (a) The department may establish and administer a statewide 14 bicycle safety education program and may adopt rules to implement 15 the program. The program must include instruction concerning: 16 (1) the safe handling and use of bicycles; 17 (2) high risk traffic situations; 18 (3) bicycle and traffic handling skills; 19 (4) on-bike training; 20 (5) correct use of protective bicycle helmets; and 21 (6) traffic laws and regulations. 22 SECTION 3. Section 758.003(b), Health and Safety Code, is 23 amended to read as follows: 24 (b) The fund may be used by the department only to: 25 (1) defray the costs of administering this chapter; 26 (2) provide a bicycle training course for a child 27 younger than 10 years of age who comes from a low income family; Lime 76R3022 JRD-D 2 7B-10 JAN. -08' 991RR1! 10:58 REP BILL CARTER TEL:312 463 1:83 P. 004 L 1 and 2 (3) if funding permits, assist children from low 3 income families in purchasing protective bicycle helmets. 4 SECTION 4. Chapter 758, Health and Safety Code, is amended 5 by adding Sections 758.004, 758.005, 758.006, 758.007, 758.008, and 6 758.009 to read as follows: - 7 Sec. 758.004. TENTS FOR PROTECTIVE BICY LE HELM 8 USE. (a) Thin section applies to the use of a bicycle on a public 9 roadway, public bicycle path, or other public right-of-way. 10 (b) A person younger than 18 years of age why is an operator 11 or passenger on a bicycle shall wear a properly fitting protective 12 bicycle helmet fastened securely on the head with the straps or 13 other appropriate fastener of that helmet. 14 (c) A parent or legal guardian of a person younger than 1@ 15 years of age may not knowingly or recklessly permit the person to 16 operate a bicycle or to be a passenger on a bicycle unless the 17 person is wearing a protective bicycle helmet as prescribed by 18 Subsection ib). 19 Sec. 758.005. Swr.P OR RENTAL OF BICYCLES. (a) A Person 20 regularly engaged in the business of selling bicycles shall provide 21 to each purchaser a written explanation of the requirement under 22 Section 758.094 that a person wear a protective bicycle helmet. 23 (b) A person may not rent a bicycle to another person 24 unless: 25 (1) each person who the person renting the bicycle 26 knows will be an operator or passenger on the bicycle possesses a 27 properly fitting protective bicycle helmet at the time the bicycle (1/Batre' 76R3022 JRD-D 3 7B-11 JAv. -08'991FR1) 10:59 REP BILL C.. RTER TEL:512 463 1283 P.005 L 1 is rented; or 2 (2) the rental agreement includes the provision of a 3 properly fitting protective bicyclt helmet for each operator or 4 passenger. 5 (c) A person who sells bicycles is not liable in civil 6 damages for: 7 (1) the failure to provide the written explanation of 8 the law as required by Subsection (4); or 9 (2) a bicycle operator's or passenger's failure to 10 wear a protective bicycle helmet. 11 (d) A person who rents bicycles to_another inn compliance 12 with Subsection (b) is not liable in civil damages for a bicycle 13 operator's or passenger's failure to wear a protective bicycle 14 helmet. 15 Sec. 758.006. CRIMINAL PENALTY. (a) A person commits an 16 offense if the person violates Section 758.004 or 758.005. 17 (b) An offense under t2li; section is a misdemeanor 18 punishable by a fine of $25, unless the actor has been convicted 19 previously under this section, in which event an offs pe under this 20 section is a misdemeanor punishable by a fine of $50. 21 (c) A court may waive the fine imposed under this section 22 for a violation of Section 758.004 if it ie the person's first 23 offense and the person presents proof to the court that the person 24 did not have a protective bicycle helmet at the time of the 25 violation but has since purchased or obtained a protective bicycle 26 helmet. 27 eec. 758.007. FINES. The custodian of the county treasury (leur 76R3022 JRD-b 4 7B-12 AN. -08' 99RFR11 10:59 REP BILL CARTER TEL.512 463 1283 P. 006 L 1 shall keep a record of the amount of the fines collected under 2 Section 758.006 and, on or before the last day of the month 3 following each calendar quarter, remit to the comptroller _the 4 amount of the fines collected under Section 758.006 in the 5 preceding quarter. The custodian of the county treasury may retain 6 half of the fines collected under Section 758.006-and the interest • 7 on the retained fines as a service fee if the custodian of the 8 treasury keeps records of the amount of fines on deposit collected 9 under Section 758.006 and remits the appropriate amount to the 10 comptroller within the period prescribed by this section. The 11 comptroller shall deposit the amounts remitted under this section Co' 12 in the bicycle safety fund estab.is ed }trader Section 758.003. 13 Sac. 758.008. LOCAL REGULATION. This section does not 14 preempt a local regulation of the use of bicycle helmets or affect 15 the authority of a political subdivision to adopt or enforce an 16 ordinance or requirement relating to the use of bicycle helmets if 17 the regulation, ordinance, or requirement is compatible with and 18 equal to or more stringent than this chapter. 19 Sec. 758.009. DISMISSAL OP MISDEMEANOR C8ARGE ON COMPLETION 20 OF Tffifl COURT PROGRAM. A juvenile court may defer adjudication 21 proceedings under this chapter if the child completes the 22 requirements of Article 45.55, Code of Criminal Procedure. 23 SECTION 5. (a) Except as provided by Subsection (b) of this 24 section, this Act takes effect September 1, 1999. 25 (b) Sections 758.006 and 758.007, Health and Safety Code, as 26 added by this Act, take effect January 1, 2000. 27 SECTION 6. The importance of this legislation and the 76R3022 JRD-D 5 7B-13 JAN. -08'991FRII 11:00 REP SILL CARTER TEL:512 463 1283 P. 00' C 1 crowded condition of the calendars in both houses create an 2 emergency and an imperative public necessity that the 3 constitutional rule requiring bills to be read on three several 4 days in each house be suspended, and this rule is hereby suspended. (411; Ce 76R3022 JRD-D 6 7B-14 City of Souttilake Sout}ilake DPS Draft Ordinance and Report of Citizen Review of Proposed Bicycle Helmet Ordinance L Draft Ordinance and Report of Citizen Review of Proposed Bicycle Helmet Ordinance Contents of this Report Initial presentation to Council Presentation and results of first citizen meeting Summary of ordinance revisions, second meeting Discussion and alternative presentations, third citizen meeting. Peripheral documentation Summary matrix of options Initial Presentation to Council On October 22, 1998 Deputy Director Gregg met with Ginny Elder and Councilmember Scott Martin to explore the wording of a proposed ordinance concerning bicycle helmets. The draft ordinance initially reviewed was a copy of one being considered for adoption by the City of Arlington. Several draft language issues were explored and the sample draft was sent to City Attorney Analeslie Muncy. On November 3, 1998 Ginny Elder, project chairperson of the Greater Southlake Women's Society (GSWS) made a public presentation to assembled members of the Southlake City Council. Ms. Elder revealed a three part plan of activities as adopted by her organization titled, "It Just Makes Sense!" Ms. Elder's presentation is attached at the end of this report. It could be summarized as follows: Statistics were quoted to introduce the need for a bicycle helmet ordinance. L 7B-17 Initial Presentation to Council, continued The three part plan of activities were described as: 1). Southlake DPS rewards youth wearing bicycle helmets with a tee-shirt furnished by GSWS and sponsors. 2). A dozen helmets will be furnished by GSWS and others to Southlake DPS for those who cannot afford one. 3). A recommendation to City Council to adopt a bicycle helmet ordinance. Obviously, no action could take place at that time because the ordinance had not been completed nor set for Council action that evening. Discussion and comments that evening also came from Dawn and Andy Johnson, Southlake residents who stated their opposition against any proposed bicycle helmet ordinance. DPS staff received direction to form an "ad-hoc" committee of interested citizens for further discussion and possible revision of the proposed ordinance. Presentation and results of first citizen meeting On November 23, 1998 the first meeting of the "committee" was held at the senior citizens center. Numerous members of the GSWS were present along (lbw with other interested members of the city, including several health care professionals. Mr. and Mrs. Johnson were not able to be present. The initial draft ordinance was reviewed and Deputy Director Gregg initiated discussion regarding the following topics: 1) Concern is for ordinance to be instructive and preventative and not heavily enforcement related. Marked police unit with overhead lights on behind seven-year-old on bicycle with training wheels not the image we wish to conjure up. 2) Examine the ages of various other cities ordinances and state's laws. 3) Examine enforcement issues in situations where child has helmet and parent not aware child is wearing it, child allowed to ride and doesn't have a helmet or what if the parent has given instructions to the child to wear a helmet and the child refuses. 4) Under the ordinance currently proposed make sure that parent or child cited but not simultaneously. 5) Purchase of a helmet would result in dismissal of the citation. 6) The addition of attendance at a bicycle safety class resulting in the dismissal of the citation was added to the ordinance as a result of the discussion. 2 7B-18 L Presentation and results of first citizen meeting, continued The first meeting concluded with a discussion regarding the wording of the section regarding a presumption of guilt that the parent allowed the child to operate or ride the bicycle without a helmet. Because the ordinance contained the presumption, under the law, it could be rebutted by the parent with evidence or testimony, thus becoming a legal "loophole". The ordinance revisions were submitted to the City Attorney the following day. The next meeting was set for December 9, 1998. Summary of ordinance revisions, second meeting Present at this meeting were numerous persons who had attended the first meeting, along with Andy and Dawn Johnson. The revised ordinance was presented with changes the initial group had suggested. New members to the meeting were presented with material handed out at the first meeting. Direct opposition to the proposed ordinance begins to surface. The meeting adjourns with a date set after all holidays are completed. Discussion and alternative presentations, third citizen meeting. .,. The January 13, 1999 meeting was a SPIN district advertised meeting at the Senior Citizens Center and probably because of timing after the holidays drew a more diverse separated group. Objections to helmet laws were voiced in several fashions. Several persons present objected that their status as parents was being, usurped. Rebuttal discussion stated that some parents need the bolstering of a law or ordinance in their instructions to children. Discussion also centered around the fact that the law would not work, or indeed place law enforcement officers in difficult predicaments, example, issuing a citation to a twelve year old child. This group also had an option presented due to the recent call of the legislature. A draft of Representative Bill Carter's bicycle helmet bill was presented to the group and compared with the proposed Southlake ordinance. The group's estimation was the Southlake ordinance had more options in lieu of a fine and proposed less bureaucracy. A vocal portion of the group insisted on proceeding ahead with the proposed city ordinance. It was extremely interesting to note that the only consensus reached among the group as a whole was that no individual at the meeting objected to the use and education of children to wear helmets -just the intrusiveness of governmental regulation in this activity of their daily lives. L 3 7B-19 Summary Man ix of Options The following would seem to be a minimum of positions council might examine. Place support behind proposed state law Representative Bill Carter has introduced a bill into the Texas again this legislative year as he has done for the previous two legislative sessions. He has a chairmanship of a committee this year which might add to the bills success in getting out of committee. At this time of the session it is still difficult to predict what might develop. Rep. Carter's bill is attached to this report. Adopt ordinance as written / modify lower fine amounts The ordinance has been reviewed by a number of groups and individuals. It provides several alternatives to an actual fine, to include deferred adjudication by the judge (follow the ordinance for a set period of time and do not repeat the offense and the judge will dismiss it), produce proof of purchase of a helmet and the offense can be dismissed, or elect to take a bicycle safety course for dismissal of the citation. Modify ordinance as to age Q A review of the age chart attached shows that a large number of states have a reduced age limit at which enforcement begins. Children over the age of sixteen are excluded in a number of cities and states. Continue high education efforts, council resolution and monitor for increased wearing of helmets prior to the initiation of an ordinance No individual educational strategy has proven to be effective according to Graitcer, et.al. However, community wide strategies that use a variety of educational and promotional strategies have proven to be effective. The most successful program in Seattle increased helmet wearing rates by more than 40%. This contrasts to published statistics of as little as 11% among the 11-14 age group. The GSWS has already joined with Southlake DPS in a beginning program of tee-shirts and helmets. The original strategy of providing helmets to those who could not afford them has also been expanded. DPS now contacts those children observed riding a bicycle without a helmet. If the child states he does not own a helmet and agrees to wear one furnished by the officer, the helmet is given to the child on the spot. We hope this way to begin to seed a desire to be seen in a helmet. L 4 7B-20 L Conclusion In an article published in Traffic Safety magazine, Yuba County, California had a rate of less than one child in eleven wearing a bicycle helmet in neighborhoods. Schools were a component in the program to improve helmet use, complete with safety demonstrations and small rewards. In three years time helmet use rose 26% around schools and 34% in the neighborhoods. Law enforcement was also a critical component in the equation. Officers provided information where helmets were available to those who were still observed not wearing one. There are numerous statistics available and have been attached. As in any controversial issue the statistics vary or even disagree. One paper published perhaps succinctly stated the issue, "...legislating health behavior may result in a kind of health authoritarianism, `smothering the good of liberty with the good of health. ..only if there are no other means to achieve health and safety, should laws be passed, and these laws should be enforceable. In spite of these criticisms, laws to protect society, such as those relating to (limre child labor, seat belts and motorcycle helmets, have always been found valid from a legal standpoint. Nor are they widely seen as intrusive on individuals rights and liberties." L 5 7B-21 Injuries to Children From A Fact Sheet by the National Safe Kids Campaign Deaths and Injuries • In 1995, more than 250 children ages 14 and under died in bicycle-related crashes. Motor vehicles were involved in 230 of these deaths. • In 1996, more than 350,000 children ages 14 and under were treated in hospital emergency rooms for bicycle-related injuries. • It is estimated that collisions with motor vehicles account for 90 percent of all bicycle-related deaths and 10 percent of all nonfatal bicycle-related injuries. Collision with a motor vehicle increases the risk of death, severity of injury, and the probability of sustaining a head.injury. • More than 40 percent of all head injury-related deaths and approximately three-fourths of head injuries occur among children ages 14 and under. Younger children suffer a higher proportion of head injuries than older children. When and Where Bicycle Deaths and Injuries Occur • Children are more likely to die from bicycle crashes at non-intersection locations (66 percent), during the months of May to August (55 percent), and between 3 p.m. and 6 p.m. (39 percent). • Nearly 60 percent of all childhood bicycle-related deaths occur on minor roads. The typical bicycle/motor vehicle crash occurs within one mile of the bicyclist's home. • Children ages 14 and under are more likely to be injured riding in non- daylight hours (e.g.. at dawn, dusk or night). The risk of sustaining an injury during non-daylight conditions is nearly four times greater than during the daytime. • Among children ages 14 and under, more than 80 percent of bicycle-related fatalities are associated with the bicyclist's behavior. The most common crashes include riding into a street without stopping; turning left or swerving into traffic that is coming from behind; running a stop sign; and riding against the flow of traffic. L 6 7B-22 L Who is at Risk • Riding without a bicycle helmet increases the risk of sustaining a head injury in the event of a crash. Non-helmeted riders are 14 times more likely to be involved in a fatal crash than bicyclists wearing a helmet. • Collision with a motor vehicle and crashes occurring at speeds greater than 15 miles per hour increase the risk of severe bicycle-related injury and death. • Children ages 14 and under are five times more likely to be injured in a bicycle-related crash than older riders. • Males account for approximately 85 percent of bicycle-related deaths and 70 percent of nonfatal injuries and have higher bicycle-related death and injury rates than females. Children ages 10 to 14, especially males, have the highest death rate from bicycle-related head injury of all ages. • Children under age 10 are at greater risk for serious injury and are more likely to suffer head injuries than older riders. Approximately half of all bicycle-related injuries among children under age 10 occur to the head/face, compared to one-fifth among older children. • Bicyclists admitted to hospitals with head injuries are 20 times more likely to die as those without head injuries. Bicycle Helmet Effectiveness • Bicycle helmets have been shown to reduce the risk of head injury by as much as 85 percent and the risk of brain injury by as much as 88 percent. Bicycle helmets have also been shown to offer substantial protection to the forehead and mid face. • It is estimated that 75 percent of bicycle-related fatalities among children could be prevented with a bicycle helmet. • Universal use of bicycle helmets by children ages 4 to 15 could prevent between 135 and 155 deaths, between 39,000 and 45,000 head injuries, and between 18,000 and 55,000 scalp and face injuries annually. • Child helmet ownership and use increases with income and educational level, yet decreases with age. Children are more likely to wear a bicycle helmet if riding with others (peers or adults) who are also wearing one and less likely to wear one if their companions are not. L 7 7B-23 Statistics from the Insurance Institute for Highway Safety Fatality Facts: Bicycles • Only 2 percent of motor vehicle deaths are bicyclists. Among a majority of those killed, the most serious injuries are head injuries. • No state has a bicycle helmet law applying to all riders. Local ordinances in a few states do require some or all bicyclists to wear helmets, and 15 states have helmet laws applying to young bicyclists. • Helmets are important for riders of all ages, especially because older bicyclists represent two-thirds of bicycle deaths. • Responsibility for serious collisions between bicycles and.motor vehicles corresponds to rider age. (Responsibility refers to crash initiation, not necessarily legal culpability.) Young riders most often are responsible for their crashes, and then probable responsibility decreases with age. Older riders more often aren't responsible for their crashes. • The following facts are based on analysis of data from the U.S. Department of Transportation's Fatality Analysis Reporting System: • 808 bicyclists were killed in crashes with motor vehicles in 1997. This is 6 percent more than in 1996 but down 19 percent since 1975. (kir • Bicycle deaths are most likely to occur in summer. The peak time is 6-9 pm, followed by 3-6 pm. • Ninety-seven percent of bicyclists killed in 1997 reportedly weren't wearing helmets. Age and Gender • Thirty-one percent of bicycle deaths in 1997 were riders younger than 16. • Bicycle deaths per million people rise rapidly beginning at about 5 years old and are highest among 11- and 14-year-old bicyclists. Death rates also are high among 12-13 year-olds and 16 year-olds. • About 7 times as many bicycle deaths are males compared with females. At every age older than 3 years, more male than female bicyclists are killed. Deaths per million people are higher among males than females at all ages older than 3 years. • Deaths of older bicyclists are an increasing problem. Sixty-nine percent of 1997 bicycle deaths were riders 16 years and older. This compares with 32 percent of bicycle deaths in 1975. L a 7B-24 L Where They Died Four states (California, Florida, New York, and Texas) accounted for 42 percent of bicycle deaths in 1997. More bicyclists were killed in urban areas than in rural areas (62 percent compared with 35 percent) in 1997. Thirty-four percent of bicycle deaths in 1997 occurred at intersections. Road Types Fifty-eight percent of bicycle deaths in 1997 occurred on major roads, and 34 percent occurred on local roads. Fifty percent of bicycle deaths among children younger than 13 and 27 percent of adult bicycle deaths occur on minor roads. Adult bicyclists are more likely than children to be killed on major roads (64 percent compared with 45 percent). Fatality Facts are published by the Insurance Institute for Highway Safety, an independent, nonprofit scientific and educational organization dedicated to (kr., reducing the losses - - deaths, injuries and property damage - - from crashes on the nation's highways. The Institute is wholly supported by auto insurers. L 9 7B-25 L :age Limits by City/ State There is no federal law in the U.S. requiring helmets. States and localities began adopting laws in 1987, but there is no formal central registry for them. Date Jurisdiction Coverage Ages/Conditions Effective Alabama State Law State-wide Under 16 1995 Montevallo City-wide All ages 1993 Homewood City-wide All ages 1994 Arizona Tucson City-wide Under 18 1993 Yuma City-wide Under 18 1997 California State Law State-wide Passengers under 5 1987 State Law State-wide Riders under 18 1994 Bidwell Park, Regional park All ages 1991 Chico, CA Connecticut State Law State-wide Under 15 1993/1997 Seymour Town-wide All ages 1998 Delaware State Law State-wide Under 16 1996 Florida State Law State-wide, Under 16 1997 (fines 1-1-98) public property only. Georgia State Law State-wide Under 16 1993 Illinois Barrington Village-wide Under 17 1997 Maryland State Law State-wide Under 16 1995 Allegheny Co County-wide Under 16 1992 Howard County County-wide Under 17 1990 Montgomery Co County roads Under 18 1991 Sykesville City-wide All ages 1995 Massachusetts State Law State-wide Passengers under 5 1990 (howl State-wide Riders under 13 1994 Michigan 10 7B-26 L E. Grand Rapids City-wide Under 18 1995 Adrian City-wide Under 15 1998 New Jersey State Law State-wide Under 14 1992 New York State Law State-wide Passengers under 5 1989 State Law State-wide Riders under 14 1994 Chemung Co. County-wide Under 15 1995 Erie County Parks County parks All ages 1993 Greenburgh City-wide All ages 1994 Guilderland Town-wide Under 14 1992 Rockland County County-wide All ages 1992 North Carolina Black Mountain City-wide All ages 1996 Boone City-wide All ages 1995 Carolina Beach City-wide Under 16 1994 Carrboro City-wide Under 16 1997 Chapel Hill City-wide Under 16 1992 Ohio Beachwood City-wide Under 16 1990 Brecksville Dublin Orange Village City-wide Ages 6 to 15 1992 Cos, Strongsville City-wide Under 12 1993 West Carrollton Oregon State Law State-wide Under 16 1993 Pennsylvania State Law State-wide Passengers under 5 1991 State-wide Riders under 12 1995 Rhode Island State Law State-wide Under 9 1996 Under 16 1998 Texas Arlington City-wide Under 18 1997 Austin City-wide Under 18 1996/1997 Bedford City-wide Under 15 1996 Benbrook City-wide Under 17 1996 Coppell City-wide All ages 1997 Dallas City-wide All ages 1996 Fort Worth City-wide Under 18 1996 Houston City-wide Under 18 1995 Tennessee State Law State-wide Under 12 1994 Clarksville City-wide All ages 1993 (1110.0' Virginia 11 7B-27 L Alexandria City-wide Under 15 1994 Arlington County County-wide Under 15 1993 Blacksburg City-wide Under 15 1994 Fairfax County County-wide Under 15 1993 Falls Church City-wide Under 15 1993 Front Royal City-wide Under 15 1996 Manassas City-wide Under 15 1995 Manassas Park City-wide Under 15 1997 Newport News City-wide Under 15 1997 Prince William Co. County-wide Under 15 1995 Virginia Beach City-wide Under 15 1995 Washington State Eatonville City-wide Under 16 1996 Fircrest City-wide All ages 1995 Gig Harbor City-wide All ages 1996 King County (excludes Seattle) All ages 1993 Lakewood City-wide All ages 1996 Milton City-wide All ages 1997 Orting City-wide Under 17 1997 Pierce County County-wide All ages 1994 Port Angeles City-wide All ages 1993 Poulsbo City-wide Under 18 1995 Puyallup City-wide All ages 1994 Steilacoom City-wide All ages 1995 Tacoma City-wide All ages 1994 LAro• University Place City-wide All ages 1996 West Virginia State Law State-wide Under 15 1996 Clarksburg City-wide Under 18 1993 Morgantown City-wide All ages 1993 South Charleston City-wide Under 18 1994 St. Albans City-wide Under 18 1995 Wisconsin Port Washington City-wide Under 17 1997 L 12 7B-28 . FRCM : Bill 8 Ginny Elder FI-ONE NO. : 8174880344 Oct. 30 1998 09:51AM P02 L • It Just Makes Souse! A bicycle helmet initiative. x Lie A Greater Southlake Women's Society Ginny Elder Annual Project Chair 180 Creekway Bend Southlake,Texas 76092 Fax Number(817)488-0486 Phone Number(817)488-0344 November 3, 1998 .v..: .;...�:�:........ '.ai.:.i»:_.......:i w,i':�f..........M....... .'.'!Y�.^:F ..:.'rXJii,36I. :.................. .......1..C .C. .. ... :'.'�.:..: .. 7B-29 FROM : Bill 8 G i nny Elder FHOt'E NO. : 81?48E0344 Oct. 30 1998 09:52AM F03 z'ao'°w'r:......X'L ;...,._.....::..BNrw.•lwf.--... i s:::`.'.:1!-Ff "."."13a127-7+4,.....»:..JeJ.7ra y.4 '::►fir. • Greater Southlake Womcn's Society is an organization whose purpose shall be the performance of charitable, philanthropic, and educational projects to benefit human welfare through the action of volunteers and to promote good fellowship among its members. The purpose of this club are within the meaning of S501(cX3). Wky Seer Lmke Iieeda A InsoleMaud Ardlaance ---- -- _ Aw'.:�A .L'1'.As.'�.M.,.. ,vlw'.;b� .:�ww. �,�:r•._ .«:"�---- ti .N....ss.. ....., M:,t: Yam. •:�•:�• .-»uxaarya:�:M.es.• uiz ,.:..z: «.•:•>. ..-...--r�-.,:.... It Just Makes Sense! • Between 1988 and 1995, 480 Texas cyclists were killed and approximately 22,000 were injured in bicycle/motor vehicle crashes. • Between 1990 and 1996 Cook Children's admitted an average of 56 children per year for treatment of bicycle injuries. Only 3 of the 56 were wearing a helmet. • A helmet can reduce the risk of head injury by 85%. • A bicycle helmet ordinance would support parents who want to do the right thing! • Just one year der New Jersey passed a mandatory helmet ordinance, bike-related fatalities in children under 14 dropped 80%. It Is herd to argue with lumbers sash as these.Klan makes sells! (air 7B-30 FROM : Bill & Gi rriy Elder PHONE NO. : 8174880344 Oct. 30 1998 09:52AM PO4 LIMPf 'it'''''''' ••••• '''• '''''' '''''''''''''' *'' ''''''''''''''''''''I I• e.. fkiLON PIAN • --`277==--"=-7-14 77-4:-.Wfbielatar. .7:7717.17`'''..,..4.,- 471:ArArrr,,.-z.7.7-7 tzr, ,V=:;;; -,;;;;:, • - Et Mildly NM Southiake DPS will reward those"caught"wearing their helmet with a Tee-shirt provided by Greater Southiake Women's Society that says on the front: GSWS says It lust Makes Sense! On the back it says: I was spotted by Southiake DPS wearing my helmet. Sponsored by Doug Strickland State Farm and Burlington Northern Santa Fe Railroad. 11 kern NM Greater Southiake Women's Society will donate one dozen SNELL approved helmets of various sizes to Southiake DPS for those who cannot afford to purchase one. L 111 Activity Um Adopt the bicycle helmet ordinance. L 7B-31 FROM : Bill a Gimy Elder PHONE NO. : 81748E0344 Oct. 30 1998 09:53AM P05 Car.' ... . .:: : ..... .•. •ice ------------ .. .-- -----------___ -- • Arlington helmet ordinance • Bicycle-Related Fatalities in Texas 1987-1995 Chart • A simple helmet could have spared Humpty Dumpty a lot of grief brochure • Cook Children's Medical Center/Tarrant County Safe Kids Campaign letter • Review Article • Dear Ann Landers-Ft Worth Star Telegram • Police sponsor rally for kids to promote bicycle ordinance-Fort Worth Star Telegram • Testimonials from Medical Doctors who reside in Southlake and practice in surrounding areas (air 7B-32 t City of Southlake, Texas MEMORANDUM June 11, 1999 TO: Billy Campbell, City Manager FROM: Greg Last, Director of Community Development Keith Martin, Landscape Administrator SUBJECT: Ordinance No. 544-A, 2nd Reading,Amendments to Landscape Ordinance No. 544. Action Requested: City Council approval of Ordinance No. 544-A, amending Landscape Ordinance No. 544 on second reading. Background Information: An amendment to this ordinance was requested by former Councilmember Scott Martin and Councilmember Debra Edmondson per the enclosed Project Advocacy Form (PAF). Staff has met with these Councilmembers as a work group to evaluate potential revisions. Some significant revisions include the following: • Coordinate Section 3.4 (parking lot landscaping) with concurrent revisions to the commercial parking requirements. • Coordinate the ordinance with the revised"Tree Preservation Ordinance"with regards to credits,protection, irrigation, etc. • Requirements for utilizing existing tree credits. • An increase in the minimum size of plant material required at the time of planting. • The tenants responsibility to provided continued maintenance in perpetuity of all landscape and irrigation. • The elimination of credits which reduce the overall required amount of plant material required for proposed developments. Following the City Council decision on May 4, 1999, to table the 2nd reading, Amendments to the Landscape Ordinance 544-A; two workgroup committee notices were posted and attended by Councilmembers Debra Edmondson, Gary Fawks and City Staff members Greg Last and Keith Martin. The following proposed changes discussed by the workgroup to the 2nd Reading, Amendments to the Landscape Ordinance 544-A, and shown with cloud lines in the draft#7 copy, are as follows: L 7C-1 Billy Campbell LJune 11, 1999 Page 2 Page Sect. Comment/Change 8 3.3 Change the percent of required interior landscape area for I- 1, & 1-2 Buildings 10,000 S.F. or greater to 15%. 8-9 3.3c Add wording to the location requirements of interior plant material to be placed adjacent to the building where practical. 9 3.3d Remove Xeriscape Landscaping Credits. 9 3.4 Change the parking lot landscape area requirements to 15, 20, and 30 square feet respectively based on the percentage of parking located between the building façade and the R.O.W. 10 3.4b Add the sentence, "All required landscape areas shall be evenly distributed throughout the entire required parking lot landscape areas." 10 3.4c Delete the exemption for parking garages and require them to comply in accordance with Section 3.3 of the ordinance. 11 4.1 Delete the words "new or proposed" from the proposed amendment sentence in the section. 12 5.3b Change the minimum size for required canopy trees to 50% 2" caliper and 50%4"caliper. 16 10.1 Add the wording"keeping beds properly mulched." Financial Consideration: Not applicable. Citizen Input/ Board Review: The original Landscape Ordinance was adopted in January 21, 1992. Councilmembers Scott Martin and Debra Edmondson requested a review of the Landscape Ordinance. Staff members Keith Martin and Greg Last met with Councilmembers Martin and Edmondson to discuss revisions. Authorization was requested at the February 22, 1999 City Council meeting to forward the draft to P&Z for review. L 7C-2 Billy Campbell June 11, 1999 v Page 3 P&Z Recommendations: The Planning and Zoning Commission approved (5-1) Amendments to Landscape Ordinance 544-A on March 4, 1999, with the following changes: Page Sect. Comment/Change 11 4.2.a Change the word"may",back to "shall". 11 4.2 That section 4.2b be added. Existing Tree Replacement: If the existing plants that were given credit toward reducing the required plantings decline within two (2) growing seasons, the owner shall replace that plants with quality plant material equal to the amount of the declined plant. 9 3.3.e Listing techniques of Xeriscaping in the section. 10 3.6.b Agreed to leave in Section 3.6.c, Water Conservation Credits, but move it to Section 3.3, and change 10% to 5%. 12 6.1 Change the word "unprofessional"to "insufficient". 10 3.4.a Change the word"caliper", to "DBH". 16 10.2 Change 50%back to 75%. 16 10.2 Add the words "during the time of a normal growing season. Council Action: The City Council approved on consent (5-0) Amendments to Landscape Ordinance 544-A on April 20,1999. Council member Gary Fawks requested that the City of Keller and the Town of Westlake Landscape Ordinances be reviewed for possible alternative parking lot landscape requirements, landscaping adjacent to buildings and minimum tree and shrub size requirements. The City Council tabled the 2nd Reading, Amendments to Landscape Ordinance No. 544, until the June 12, 1999 City Council meeting as requested by Councilmember Gary Fawks. L 7C-3 Billy Campbell June 11, 1999 Page 4 Legal Review: A copy of the original draft was forwarded to the City Attorney's office. Their corrections and comments were forwarded to the City Landscape Administrator and have been corrected for consideration on second reading by City Council. Alternatives: Not applicable. Supporting Documents: • Landscape Ordinance 544-A, Draft No. 7, Dated 06/ 8 /99. • Project Advocacy Form (PAF) for the requested revisions to the Landscape Ordinance. • Landscape Regulations Comparison Matrix. Staff Recommendation: Place Ordinance No. 544-A, providing approval of the Amendments to Landscape Ordinance 544-A on the June 15, 1999 City Council meeting agenda for second reading. GL/km Approved for Submittal to City Council: City Manager's Office L 7C-4 PROJECT ADVOCACY FORM LHORT TITLE: Revisions to Landscape Ordinance TYPE OF PROJECT: Scope: New , Minor Revision XX , Major Revision Type: Ordinance XX , Master Plan Component , Project Other: REQUESTED BY: Scott Martin & Debra Edmondson. Councilmembers STAFF CONTACT: Keith Martin. Landscape Administrator. 481-5581. ext. 848 DATE OF REQUEST:. 6-24-98 DATE RECEIVED: 6-25-98 BY: GL Outline problem, concern or opportunity. (Do not define solution) 1. Coordinate Section 3.4 (parking lot landscaping) with concurrent revisions to the commercial parking requirements. 2. Coordinate this ordinance with the revised "Tree Preservation Ordinance" with regards to credits, protection, irrigation, etc. 3. Insure proper maintenance & replacement of commercial landscaping & assessment of plant material replacement standards. List any potential considerations. (Do not define solution) 1. Update listed recommended plant materials. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. Revised Tree Preservation Ordinance. b. Recommended plant materials from the Texas Agricultural Extension Service. L L`COm.DE,nwP•FII.ESTROJECTSPRIORITY'PROl-REQ.FR.MLANDSCOI.WPC) Form Date: June 25, 1998 Page 1 of 1 7C-5 L.- N U) .0 a) 7 ar sc � N I- a) C -c c ai c c c c 0 0 u) y a) a) .a N (0 .� E d c O N N N O c o co co as N a CD O W Ce c Z f Z a) c co a m c V N N 8 J .X F- J O 0. 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LANDSCAPE ORDINANCE NO. 544 =A 3 4 AN ORDINANCE OF THE CITY OF SOUTHLAKE ESTABLISHING 5 r__ AM G ENDIN ORDINA NCE 544, REVISING ;AND 6 AMENDING REGULATIONS FOR THE INSTALLATION OF 7 LANDSCAPING IMPROVEMENTS ON NON-RESIDENTIAL 8 CONSTRUCTION AND MULTI-FAMILY CONSTRUCTION, OTHER 9 THAN DUPLEX USES; PROVIDING—FOR RE -VISINd7 CERTAIN t0 DEFINITIONS; , 1 1 P VIi INC FO PROTECTiON OF A VISIBii iTY TRI A NC E; f 12 ; 13 PROVIDING AMEN' DINGTREQUIR MMENTS FOR THE SUBMISSION OF 14 LANDSCAPE AND IRRIGATION PLANS; PROVIDING REVISING 15 REQUIREMENTS FOR LANDSCAPING IMPROVEMENTS IN THE 16 PUBLIC RIGHT-OF-WAY; PROVIDING FOR MAINTENANCE OF 17 LANDSCAPING IMPROVEMENTS; PROVIDING FOR MODIFICATIONS, 18 VARIANCES, AND APPEALS FROM THIS ORDINANCE; PROVIDING 19 THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL 20 ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 21 FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 24 25 WHEREAS, the City of Southlake, Texas is a home rule City acting under its charter 26 adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 27 of the Local Government Code; and, 28 WHEREAS, the City Council of the City of Southlake has determined that minimum 29 landscaping requirements for non-residential and multi-family dwelling (other than duplex) uses is 30 are necessary to adequately protect the public health, safety, and welfare. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 33 SOUTHLAKE, TEXAS: L L.CITYDOCS\ORD\DRAFIlLANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 1 7C-7 Cr" LANDSCAPE ORDINANCE Table of Contents 3 4 PAGE 5 1.0 PURPOSE AND INTENT 5 6 7 2.0 DEFINITIONS _ 8 2.1 General Rules 5 9 2.2 Definitions 5 10 11 3.0 LANDSCAPE/IRRIGATION REQUIREMENTS 12 3.1 General 7 13 a. Existing Buildings 7 14 b. Pad Site Developments 7 15 C., w ,„Expansion or;Reconfiguration)of Paved Areas 16 3.2 Bufferyards 7 17 3.3 Interior Landscape Area Requirements 7 18 a. Planting Requirements 8 19 b. Example 8 20 c. Locational Requirements 8 21 d. Enhanced Pavement Credits 9 e.: R O W. Lands .in: et its 9 24 e. ` ater onservation re•its ' l ' " 9 25 3.4 Parking Lot Landscape Area Requirements 9 26 a. Existing Trees 10 27 b. Planting Requirements 10 28 c. Exemptions 10 29 3.5 Visibility Triangle 10 30 3.6 Irrigation Requirements 10 31 a. Water Conservation 10 32 b. Water Conservation Credits 10 33 34 4.0 EXISTING TREE PRESERVATION 35 4.1 General 11 36 1.2 Trees 12" or Greater 11 37 a. Building Footprint 11 38 b. Parking Areas 11 39 44 4.2 Existing Tree Credits 11 40 a. Existing Tree Credit Calculation 11 41 b Existing TreeRepIacemerit. . 11 42 5.0 PLANT MATERIAL 43 5.1 Quality Standard 11 L 5.2 Recommended Plants 11 5.3 Size Requirements When Planted 12 46 a. Tree Measurement 12 47 b. Minimum Sizes 12 L:CITYDOCS\ORD\DRAFT\LANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 2 7C-8 LANDSCAPE ORDINANCE 3 Table of Contents (continued) 4 5 PAGE 6 6.0 LANDSCAPE/IRRIGATION PLAN REQUIREMENTS 7 6.1 Qualifications to Prepare Plans 12 8 6.2 Landscape Plan Requirements 12 9 6.3 Irrigation Plan Requirements 13 10 11 7.0 OTHER RELATED REQUIREMENTS 12 7.1 Screening (Ord. 480, Section 39) 14 13 7.2 Outside Storage (Ord. 480, Section 38) 14 14 7.3 Bufferyards (Ord. 480, Section 42) 15 15 16 8.0 IMPROVEMENTS IN PUBLIC R.O.W./EASEMENTS 17 8.1 General 15 18 8.2 R.O.W. Use Agreements 15 19 84 8.2 Replacement Responsibilities 15 20 21 9.0 REVIEW PROCEDURES 9.1 Submittal Requirements 15 a. Application Checklist 15 4 b. Fees 15 25 9.2 Authority for Review 15 26 9.3 Review Process 16 27 28 10.0 MAINTENANCE 29 10.1 General 16 30 10.2 Plant Material Replacement 16 31 a• .__Deferral of Landscape Replacement 32 10.3 Plan Requirements 16 33 34 11.0 ENFORCEMENT 35 11.1 Building Permit 16 36 11.2 Certificate of Occupancy 17 37 a. Temporary Certificate of Occupancy 17 38 113 Deferral ofRequired Landscape Installaon y 139 40 12.0 MODIFICATIONS, VARIANCES AND APPEALS 41 12.1 Modifications 17 42 12.2 Variances and Appeals 18 43 L, 13.0 VIOLATIONS 18 46 14.0 SEVERABILITY 18 47 L:CITYDOCS\ORD\DRAFTLANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 3 7C-9 LANDSCAPE ORDINANCE Table of Contents (continued) 3 4 PAGE 5 15.0 CONFLICTING ORDINANCES 18 6 7 16.0 SAVINGS CLAUSE 19 8 9 17.0 PUBLICATIONS CLAUSE 19 10 t t 18.0 EFFECTIVE DATE 19 12 13 19.0 APPENDICES 14 Appendix 'A' - Recommended Plants 15 Appendix `B' - Required Landscape Summary 16 Appendix `C' -Typical Plant List 17 Appendix `D' —Application 18 19 C C L:CITYDOCSIORD\DRAFT\LANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 4 7C-10 LANDSCAPE ORDINANCE 3 4 1.0 PURPOSE AND INTENT 5 6 The purpose of this ordinance is to provide for the orderly and aesthetic development of the 7 City and to promote the health, safety and general welfare of the community. It is the intent 8 of this ordinance to achieve the following: 9 10 - A balance between the need for landscape treatments and the need for commercial growth t1 in the City. 12 13 - Promote a flexible attitude of enforcement sufficient to meet the spirit and intent of these 14 requirements. 15 16 - Promote mutually beneficial improvements by utilizing incentives rather than penalties. 17 18 - To aid in stabilizing the environment's ecological balance by contributing to the processes 19 of air purification, oxygen regeneration, ground-water recharge, storm water runoff 20 retardation and erosion control. 21 - Provide for the separation and buffering of incongruous uses and intensity of activities; and provide for the visual softening of building masses. 24 25 - Reduce glare from paved surfaces, dust nuisances and the impact of noise. 26 27 - Protect and promote the value of residential and commercial properties within the City. 28 29 - Promote a positive image for the attraction of new business enterprises within the City. 30 31 - Encourage the protection of healthy trees and vegetation and promote the natural 32 ecological environmental and aesthetic qualities of the City; 33 34 2.0 DEFINITIONS 35 36 2.1 GENERAL RULES: For the purpose of this ordinance, the following rules shall be 37 applied in constructing, interpreting or otherwise defining the terms and provisions 38 hereof: 39 40 1. Words used in the present tense shall include the future, words used in the 41 singular number shall include the plural number and words used in the plural 42 shall include the singular. 43 2. The word "shall" is mandatory and the word "may" is permissive. 46 2.2 DEFINITIONS: For the purpose of this ordinance, certain words or terms applicable 47 hereto are defined as hereinafter provided. Words and terms used in this ordinance, L:CITYDOCS\ORD\DRAFTLANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 5 7C-11 ("I but not defined in this ordinance shall have the meanings ascribed thereto in the Comprehensive Zoning Ordinance of the City. Words and terms defined in both 3 ordinances shall be read in harmony unless there exists an irreconcilable conflict in 4 which case the definition contained in this ordinance shall control. 5 6 BUFFERYARD: A bufferyard is a unit of land, together with a specified amount of 7 planting thereon, and any structures which may be required between land uses to 8 eliminate or minimize conflicts between them. 9 10 BUILDING FOOTPRINT: The area of the building in contact with the ground. 11 12 CALIPER: Diameter of the trunk measured one foot(1') above ground level. 13 14 CANOPY TREES: A perennial woody plant, single or multiple trunk, contributing 15 to the uppermost spreading branchy layer of a forest and may be commonly referred 16 to as shade trees. 17 18 ENHANCED P A VEME eable o permeable decorative aveme„t 19 material ifitenE Cl-or pedestria1 or ve Enh ed rat cl„des 20 brieirt-er-stene-Paver-srR nd stam„ed nd stained eIr{r l\rete . 21 (11; GROUND COVER: Low growing, dense spreading plants typically planted from containers. 24 25 INTERIOR LOT LANDSCAPE AREA: The area of the lot remaining after 26 subtracting out the area included in the required bufferyards. 27 28 LANDSCAPE ADMINISTRATOR: The City Manager or his designee. 29 30 LANDSCAPE ARCHITECT: A person registered as a Landscape Architect in the 31 State of Texas pursuant to state law. 32 33 LANDSCAPE AREA: An area which is covered by natufal living grass, ground 34 cover, or other natural plant materials. 35 36 LAWN GRASSES: Thin bladed surface growing plants typically planted from seed, 37 sprigs or plugs. 38 39 LICENSED IRRIGATOR: A person duly licensed by the State of Texas to design 40 and install irrigation systems. 41 42 PERMEABLE PAVEMENT: A paving material that permits water penetration. 43 R.O.W. PARKWAY: That area within the public right-of-way (R.O.W.) between the back of curb or edge of pavement and the right-of-way line. 46 47 L:CITYDOCS\ORD\DRAF(LANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 6 7C-12 SEASONAL COLOR: Landscape areas used for annual and perennial flowers intended to maintain year-round color accents. 3 4 SHRUBS: Plants which grow vertically in a multi-branched growth pattern. 5 6 UNDERSTORY/ACCENT TREES: Small evergreen or deciduous perennial woody 7 plants which would grow below the top layer of the forest and typically has unique 8 branching, textural or seasonal color characteristics. 9 10 3.0 LANDSCAPE/IRRIGATION REQUIREMENTS 11 12 3.1 GENERAL: The requirements herein shall apply to all new non-residential 13 construction and multi-family construction other than duplex uses. The requirements 14 for landscaping shall combine the bufferyard requirements, minimum landscape 15 areas on the interior portion of the lot, and minimum landscape areas for parking 16 areas. 17 18 a. Existing buildings: Buildings in existence on the effective date of this 19 ordinance shall be considered legally nonconforming as it pertains to this 20 ordinance. The requirements herein shall not apply to new construction 21 necessary to replace a legally nonconforming structure which has been . New construction intended to increase the square footage of the existing building by 30% or greater shall be required to meet the requirements herein. Such 30% shall be based on the original nonconforming 25 structure in existence on the date of approval of this ordinance. Any new 26 construction which exceeds 5,000 square feet shall be required to-meet the 27 requirements herein. The requirements herein shall pertain only to the square 28 footage of the proposed new construction. 29 30 b. Pad site developments: Pad site developments or ground lease developments 31 shall be required to provide landscaping in accordance with the interior 32 landscape requirements of Section 3.3 herein. 33 34 C. .Expansions or Reconfiguration of Paved Areas Any expansion or 35 reconfiguration of paved areas shall comply with Sectiori`3.4 herein. 36 37 3.2 BUFFERYARDS: All plant material required by the bufferyard section of the 38 Zoning Ordinance (Ord. 480 as amended, Section 42) shall be shown on the 39 required Landscape Plan. 40 41 3.3 INTERIOR LANDSCAPE AREA REQUIREMENTS: The amount of landscape 42 area required on the interior of the lot (excludes bufferyards) shall be based on the 43 square footage of the proposed buildings. The square footage of the building for the purposes of this ordinance will be the square footage of the first floor or the square footage of the largest floor, whichever is greater. 46 , 47 L:CITYDOCS\ORD\DRAFT\LANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 7 7C-13 The required landscape area for each zoning shall be based on the percentage (%) of 3 the floor area as determined above in accordance with the following chart. 4 5 6 ZONING PERCENT OF FLOOR AREA 7 MF-2, 0-1, 0-2 50% 8 C-1, C-2, C-3, HC 50% 9 CS, B-1 30% 1 o C-4, B-2 20% t 1 I-1, & I-2 Building less than 10,000 S.F. 20% 12 I-1, & I-2 Buildings 10,000 S.F. or greater •0, 153 13 14 All buildings in SP1 and SP2 and buildings other than Single Family or Duplex uses 15 within PUD or other districts shall meet the requirements of the closest zoning 16 category noted above. 17 18 a. Planting Requirements: The following plants shall be required, at a 19 minimum,within the required interior landscape areas at the ratio indicated. 20 21 - 1 Canopy Tree per 600 square feet - 1 Understory Tree per 300.square feet - 1 Shrub per 60 square feet 24 - Ground Cover- 10% of required area 25 - Seasonal Color 2%`of Required area 26 27 b. Example: Three story office building (0-2 Zoning), each floor has 4,000 28 square feet. 29 30 First Floor = 4,000 31 Second Floor = 0 32 Third Floor = 0 33 Effective Floor area 4,000 34 35 Times 50% x .50 36 =Required Landscape area 2,000 sq.ft. 37 38 Required Canopy Trees @ 1/600 sq. ft. = 3 39 Required Understory Trees @ 1/300 sq. ft. = 7 40 Required Shrubs @ 1/60 sq. ft. = 33 41 Re•uired Ground Color area @ 10% =200 sq. ft. 42 Require. Seasonal Colar� 2°or -A 0 Sc[ft 43 c. Location Requirements: A minimum of 75% of all re uired intend landscape areaand p ant'm"atenal-with n 46 the;intenoj Iarids`cape areas shall be in the front and along either side of 47 the building between the building and the interior edge of the required L:CITYDOCS\ORD\DRAF[\LANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 8 7C-14 buffe and and a portion thereof shall be placed adjacent to the=buzldmg where •ractical. 3 4 d. Enhanced Pavement Credits: For every one foot (1') of enhanced pavement 5 area th be a b h if f t 6 �. �. V L11G1[�111I L.iIII � 7 (10%)of the r red interior landscape n e `a v i vJ vrzl , 8 9 e. R.O.W. Landscaping Credits: The required interior landscape area may be 10 rerduce b a maximum :f tel erce„t (10%) .h tt, 1' t t, t v, 1 tJVl VVll,. 11V 11 e-&i3 ass-: +dim the P,n IIT k 1 12 the front of their property. The percentage credit shall be based on the 13 percentage of the parkway irrigated. (i.e. 50% of parkway irrigated, 5%, 14 credit) 15 16 -- eriscs� 9 @ S he req fired mtenorlandsca�a ar F�a�nay b 9 17 �Y Y V�• 1 VL 11 V j.JViVVri • 18 xs : by the Lan s pe 1A.W,1.11J f at e1 L 1L1ple ofa al ,t• .t 1 '� +,19 20 following 21 Pla,,,,in a a / Plant g g by _.,te eds) 1 aauuullb lulu uc..�iigir-�a�."� a is t a.. a ught tol t •—�F6pef-�3'mttt-s@l�teii*g��0-e��zvscc-as-urvarycr_cmcnarc7 :te.a gr 24 .,i tename he ule/polcy 25 •—r4�eq�3at�numccnuzxcc-�cncaaxc�vriC,T 26 27 e. Water Conservation Credits: Where flood .irrigation and/or emitter/drip 28 systems are utilized in at least 75% of all shrub beds, the required landscape 29 area may be reduced by 5%. 30 31 3.4 PARKING LOT LANDSCAPE AREA REQUIREMENTS: Planter-islands-shall-be 32 provided-in-parking-areas en the-basis ef-ten ( 0)-square-€eet of scape ar-ea-fer 33 each parking-sueprovided (Appre ately-ene--isl d-p 1 t l ). The parking 34 lot landscape area requirements shall be modified as follows based on the percentage 35 of parking located between the building façade and the R.O.W.: 36 37 38 Less than 25% = 43 sq.:ft.per parking stall 39 25% -75% _ I sq..ft per parking stall 40 Greater than 75% ftwper parking stall 41 42 Each row of parking stalls shall provide the required landscape area, however, it 43 shall be the applicant's right to place the islands near the buildings, throughout the parking, or at the end of the rows away from the building. The Landscape Administrator may modify the island requirement for each row in situations where it 46 would appear beneficial to combine an awkward or hazardous island into a larger 47 island within the parking area. Planter islands shall have a minimum width of S' 12' L:CITYDOCS\oRD\DRAFTLANDSCAPE 7 DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 9 7C-15 back-to-back if curbed or 9' 13' edge-to-edge if no curb is intended, and shall be equal to the length of the parking stall. Parking lot landscape areas do count 3 towards the total required interior landscape area. 4 5 a. Existing Trees: The Landscape Administrator may approve variations to the 6 planter island requirements in order to preserve existing trees in interior 7 parking areas. For existing trees the minimum width of the planter island 8 shall be as follows: 9 _ 10 Tree Size Min. Island Width g . Mina Dist. Tree to Curb 11 6" caliper or less — 8' minimum width 12 6" - 12" Caliper DBH = 12' minimum width 13 greater than 12" Caliper DBH = 18'minimum width 8' 14 15 b. Planting Requirements: A minimum of 50% of All planter islands in 16 parking areas shall contain a minimum of one (1) canopy tree with the 17 remaining area in shrubs, ground cover, grasses or seasonal color. Planter 18 islands which have light poles for lighting the parking areas ma substi - 19 two 2) understo /acce t trees fo the re.uired canopy tree All required 20 landscape areas sh. 1 be even y distribute. throughout the entire required 21 parking lot landscape areas. c. 4 -„,;,: Parking arages 'arking garages,s g all be 25 considered as •ui dings in accordance with Section 3.3 herin. 26 27 3.5 VISIBILITY TRIANGLE: No requirements herein shall be deemed to require 28 plantings which would conflict with the visibility triangle at the intersection of 29 public R.O.W. as defined in the Subdivision Ordinance. Consideration should also 30 be given to visibility at the intersection of major driveways with the public R.O.W. 31 32 3.6 IRRIGATION REQUIREMENTS: All required landscape areas shall be irrigated by 33 an automatic irrigation system designed by a Licensed Irrigator, Landscape Architect 34 or other professional authorized by the State to design such systems. Natural 35 meadows of wild flowers or other native habitat shall not be required to be irrigated. 36 37 a. Water Conservation: The City would like to promote the use of efficient 38 irrigation methods and practices. Where possible in planting beds, flood 39 irrigation, porous pipe or emitter/drip systems should be utilized. Where 40 slopes do not allow flood systems, flat spray heads should be utilized under 41 shrubs rather than upward spray heads on risers above shrubs. Lawn 42 spray heads should have low precipitation rates, run for longer periods of 43 time, and water infrequently to promote deep root growth for grasses. b. Water Conservation Credits: Where fleod irrigation and/or emitter/drip 46 stems a a utilized at least 75% „f.,ll shrub beds the . red_landsc ape 47 ° . I.:CtTYDOCS\ORD\DRAF NLANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 10 7C-16 4.0 EXISTING TREE PRESERVATION 3 4.1 GENERAL: One of the City's greatest assets is the existence of many specimen 4 quality native trees. One objective of this ordinance is the reservatio of these trees 5 while allowing quality development to take^place Al ne ropeseddevelopment 6 must also comply with the City's Tree Preservation Ordinance. 7 8 41.2 TREES 12" OR GREATER: All existing specimen trees with a caliper of 12" or 9 10 11 a. Building Footprint: The above requirement shall not apply to the area 12 intended-fer—the—aetual-building—feet-print-plus-a-reasenable-distanee-eutside 13 lea-€er-constfuEt e . 14 15 b. Parking Areas: The above requirement shall not apply to the area intended 16 as a fire lane or parking stalls. 17 18 44 4.2 EXISTING TREE CREDITS: Credits shall only be granted if the tree/s are in healthy 19 condition and all requirements of the Tree Preservation Ordinance have been met as 20 determined by the Landscape Administrator at the time of inspection for a Permanent 21 Certificate of Occupancy. a. Existing Tree Credit Calculation: Existing trees which are saved in landscape 4 areas and have at least 50% 75% of the drip line `Critical Root Zone' within 25 that area shall be granted credits toward reducing the required plantings as 26 follows: 27 28 Size of Tree Saved Canopy Understory 29 6" - 12" DBH =- 1 or 2 30 Greater than 12"DBH =—3 2 or -4- 3 31 32 b. Existing Tree Replacement If:the existing plants that were given credit 33 toward reducing the required plantings decline within two (2) growing 34 seasons, the owner shall replace that;plants with quality plant material equal 35 to the amount of the declined plant. 36 37 5.0 PLANT MATERIAL 38 39 5.1 QUALITY STANDARD: All plant material shall be of No. 1 grade, free from plant 40 disease, of typical growth for the species, have a healthy, normal root system, 41 rounded branching pattern, and shall conform to the code of standards set forth 42 in the current addition of the American Standard for Nursery Stock. 43 5.2 RECOMMENDED PLANTS: Shown in Appendix 'A' is a list of recommended plants within each plant material type. The applicant may propose plants other 46 than those listed if the plant seems appropriate for the intended use or the applicant 47 maintains a plant care program sufficient to properly care for the proposed plant L:CITYDOCS\ORD\DRAFI'LANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 11 7C-17 • material. The City reserves the right to approve or;disapproverequired plants and planting through the Landscape Administrator or City an appointed Landscape 3 Architect, horticulturist, or other person so qualified. 4 5 5.3 SIZE REQUIREMENTS WHEN PLANTED: All plants shall equal or exceed the 6 following measurements when planted. Plants larger than specified may be used but 7 use of such plants shall not decrease the size requirements of other proposed 8 plants. 9 10 a. Tree measurement: Canopy and understory trees with single trunks shall be 11 measured by caliper size one foot (1') above the ground line. Multi-Trunk 12 trees shall be measured by the height of the tree. 13 14 b. Minimum Sizes: Minimum plant size when planted shall be as follows: 15 16 Plant Material Type Minimum Size 17 Canopy Tree 18 Single Trunk 1 1/2" 21/2".calipe 50%2"calf•er, 50%4"caliper 19 Multi-Trunk Clump 6-feet 8 feet (height) 20 Understory Tree 4 feet 6' feet (height) 21 Shrub* 3 gallon Deciduous 15 inches (height) Evergreen 12 inches (height) 4 Groundcover 4" containers 25 26 * The Landscape Administrator may approve smaller sized shrubs based on unusual 27 growing circumstances and/or on a specific design which reflects the overall intent of 28 this ordinance. 29 30 6.0 LANDSCAPE/IRRIGATION PLAN REQUIREMENTS 31 32 6.1 QUALIFICATION TO PREPARE PLANS: For all lots greater than 30,000 square 33 feet, Landscape Plans shall be prepared by a Registered Landscape Architect. For 34 lots less than 30,000 square feet, a Landscape Designer or Landscape Contractor, 35 knowledgeable in plant materials and landscape design may also prepare the 36 landscape plan. Irrigation plans shall be prepared by a Licensed Irrigator or 37 Landscape Architect The Landscape Ad strator may rejecce.plans if deemed of 38 insufficient"'gualrty" or,completeness and- require that plans z'be preparedg by,,;a 39 Registered Landscape Architect or other qualified professional: 40 41 6.2 LANDSCAPE PLAN REQUIREMENTS: The following items shall be provided on 42 the required landscape plan. 43 a. Sheet size 24" x 36", or as approved. 46 b. Acceptable scale: 1" = 10', 1" = 20', 1" — 40' or as approved. 47 L:CITYDOCS\ORD\DRAFT LANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 12 7C-18 (10!" c. North arrow, graphic and written scale in close proximity. 3 d. Appropriate title (i.e. "Landscape Plan") 4 5 e. Title block includes street address, lot and block, subdivision name, city, 6 state, date of preparation. 7 8 f. Name and address of owner. 9 10 g. Name, address and phone of firm preparing plan. 11 12 h. Boundary shown with dimensions. 13 14 i. Any existing easements and utilities shown. (i.e. water, sewer, storm drain, 15 gas, electric, cable, etc.) 16 17 j. Width and type of bufferyards labeled on all sides. 18 19 k. Location, caliper size and name of all existing trees 6" caliper or more which 20 are to be preserved. 21 1. Location, quantity, size and name of all proposed plant materials. 4 m. Maintenance note provided. (Section 10.1) 25 26 n. Label type of any enhanced pavement proposed. 27 28 n. Provide standard Bufferyard and Interior Landscape Calculation Chart from 29 Approved Site Plan. 30 31 o. Visibility triangles shown. 32 33 p. Landscape Architect seal signed and dated. 34 35 q. Plant list shown with format similar to Appendix 'C'. 36 37 r. Any berms delineated with one-foot (1') contour intervals. 38 39 6.3 IRRIGATION PLAN REQUIREMENTS: The following items shall be provided on 40 the required irrigation plan. 41 42 a. Sheet size 24" x 36", or as approved. 43 (0, b. Acceptable scale: 1" = 10', 1" = 20', 1" — 10' or as approved. (Must be same as Landscape Plan) 46 47 c. North arrow, graphic and written scale in close proximity. L:CITYDOCS\ORD\DRAFI\LANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 13 7C-19 d. Appropriate title (i.e. "Irrigation Plan") 3 4 e. Title block includes street address, lot and block, subdivision name, city, 5 state, date of preparation. 6 7 f. Name and address of owner. 8 9 g. Name, address and phone of firm preparing plan. 10 I 1 h. Boundary shown with dimensions. 12 13 i. Location of all existing trees 6" caliper or larger which are to be saved. 14 15 j. All pipes labeled as to size. 16 17 k. All heads labeled as to type. (Legend is acceptable) 18 19 1. Backflow prevention labeled with type and size. 20 21 m. Connection to water service shown after meter. n. Second meter(with size) shown if intended. (114 25 o. Any existing easements and utilities shown. (i.e. water, sewer, storm 26 drain, gas, electric, cable, etc.) 27 28 P. Note on plan: "All backflow installations and connections to city water 29 lines must be permitted separately by the City inspection staff. Call (817) 30 181 5581, ext. 750. 31 32 q. Maintenance note provided. (Section 10.1) 33 34 r. Plan sealed, signed and dated by qualified professional as authorized by 35 State law. 36 37 7.0 OTHER RELATED REQUIREMENTS 38 39 7.1 SCREENING: All the requirements of the Screening section of the Zoning 40 Ordinance (Ord. 480 as amended, Section 39) shall be met and shown on the 41 required landscape plan. 42 43 7.2 OUTSIDE STORAGE: All the requirements of the Outside Storage section of the Zoning Ordinance (Ord. 480 as amended, Section 38) shall be met and shown on the required landscape plan. 46 47 L:CITYDOCS\ORD\DRAFI'LANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 14 7C-20 1 7.3 BUFFERYARDS: All plant material required by the bufferyard section of the Zoning Ordinance (Ord. 480 as amended, Section 42) shall be shown on the required Landscape Plan. 4 5 8.0 IMPROVEMENTS IN PUBLIC R.O.W. / EASEMENTS 6 7 8.1 GENERAL: It is not the intent of this ordinance to require landscape 8 , A ddeveelopei shall b xegtur dtd 9 provide `grass :and irrtgaho mn mn all unpa ed areasR of 07pulihc W: A 10 maximum of ten percent (10%) of the required interior plant material may be 11 placed within the R.U.W. parkway. ' Should the 12 applicant elect to provide imprevements plantings in the public R.O.W., the 13 no;plant,matenal other than lawn grass and ground cover 14 may be placed closer than 8' from the*finite'cross section back-of—curb. 15 16 8.2 R.O.W. USE AGREEMENTS: Prior to any landscape/irrigation improvements 17 within public R.O.W., a R.O.W. Use Agreement shall be duly executed in 18 . 19 20 8, 8.2 REPLACEMENT RESPONSIBILITIES: The City shall endeavor to require 21 replacement of all landscape/irrigation improvements as a part of contracts to 22 install public utilities within public R.O.W. and/or public easements. The City and owner shall not be responsible for replacing these improvements. In the event the City anticipates utility improvements conflicting with intended landscape/irrigation improvements, the City may require that the applicant wait 26 to install said improvements until after the public improvements have been 27 installed or under certain circumstances, the City may prohibit landscape 28 improvements within the R.O.W. 29 30 9.0 REVIEW PROCEDURES 31 32 9.1 SUBMITTAL REQUIREMENTS: The Landscape Administrator shall establish 33 administrative procedures necessary to facilitate the implementation and 34 enforcement of this ordinance. 35 36 a. Application Checklist: All submittals shall be accompanied by an 37 application form and completed checklist. Landscape Plans shall be 38 accompanied by the required Landscape Summary (Appendix 'B'). 39 40 b. Fees: All submittals shall be accompanied by a check payable to the City 41 in the amount specified by City Council. 42 43 9.2 AUTHORITY FOR REVIEW: The Landscape Administrator shall be responsible 44 for the review of all plans submitted in accordance with the requirements of this ordinance. L.CITYDOCS\DRD\DPA}T .ANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 15 7C-21 (le 9.3 REVIEW PROCESS: The Landscape Administrator shall review the required submittals and provide the applicant with a written summary of the review. It 3 shall be the applicant's responsibility to revise the submittals as necessary to 4 obtain approval. 5 6 10.0 MAINTENANCE 7 8 10.1 GENERAL: The Owner, tenant and their agent, if any, shall be jointly and 9 severally responsible for the continued maintenance in perpetuity of all 10 landscaping and irrigation. All required landscaping shall be maintained in a neat 11 and orderly manner at all times. ' sh.11 inclu•e mow' edging, pruning, 12 fertilizing, watering, weeding keeping;beds proper y frmulched and other such 13 activities common to the mainte ance o an•scaping. an.scaped areas shall be 14 kept free of trash, litter; weeds and other such material or plants not a part of the 15 landscaping. All plant materials shall be maintained in a healthy and growing 16 condition as is appropriate for the season of the year. All irrigation heads or lines 17 which are broken and flow water shall be replaced/ repaired immediately to 18 prevent the waste of water. 19 20 10.2 PLANT LANDSCAPE PLANT MATERIAL REPLACEMENT: The Owner shall 21 be responsible for replacing all required plant material which shows dead branching over 75% or more of the normal branching pattern during the timepofa normal growing season and repair of irrigation system requirements set herein in (15 perpetuity, for the period of one (1) year from the date of the issuance of a 25 Certificate of Occupancy. Plant materials which die shall be replaced with 26 plant material of similar variety and similar initial size. Upon notification by the 27 City of such replacements, the Owner shall have thirty (30) days to comply 28 with these requirements. 29 30 a. Deferral of Landscape Replacement: The Landscape Administrator may 31 approve a deferral of,required plant replacement in accordance with 32 Section 11.3 herein. 33 34 10.3 PLAN REQUIREMENTS: Paragraph 10.1 above shall be shown on the 35 Landscape Plan and the Irrigation Plan. 36 37 11.0 ENFORCEMENT 38 39 11.1 BUILDING PERMIT: No building permits for building, paving, grading or 40 construction shall be issued until a Landscape Plan meeting the requirements 41 of this ordinance has been approved by the Landscape Administrator. 42 Under certain conditions such as a "Fast Track" building process for large 43 developments, the developer and the Landscape Administrator may negotiate L the submittal of a Landscape Plan at some time after the issuance of the original building permit. 46 L:CITYDOCS\ORD\DRAFf4.ANDSCAPE 7 DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 16 7C-22 11.2 CERTIFICATE OF OCCUPANCY: All plantings, screening, bermsor other p g , 3 requirements of this ordinance shall be installed prior to the issuance of a 4 Certificate of Occupancy (C.O.). Any sod intended must be installed, hydromulch 5 areas must be sprayed. Turf establishment is not required prior to issuance of a 6 C.O. 7 8 a. Temporary Certificate of Occupancy: In any case in which a Temporary 9 Certificate of Occupancy (T.C.O.) is issued because of a del4::,044te to required landscape installation, it shall be in accordance with Sectionll r3; 11 herein. C.O. is sought at a season of the year in which the Landscape 12 13 as required herein, a Temporary Certificate of Occupancy (T.C.O.) may be 14 e f r- the intended e f o ^a not t^ e eea x (6) nth Prior 15 1e tie-ice, 3�0 r r n t e plic, t s ,t� ., ide , go o. of ..edit 16 17 landscape and irrigation requirements herein, plus a 10% contingency. 18 19 20 21 a deposit t„ c ptote the installation of the ro 0 ents herein ‘11111 4 25 11.3 Deferral of Required Landscape Installation: In any case in which a C.O. is 26 sought or plant replacement is required at a season of the year in which the 27 Landscape Administrator determines that it would be impractical to install 28 plantings as required herein, a Temporary Certificate of Occupancy 29 (T.C.O.) or a deferral of the required plant replacement may be given for a 30 period not to exceed six (6) months. The applicant shall be required to 31 provide a letter of credit, or escrow deposit in an amount sufficient 32 cover the installation of the landscape and irrigation requirements herein",' 33 plus a 10% contingency. Such amount shall be evidenced by an itemized 34 bid prepared by a qualified contractor.Upon the failure of the applicant to 35 complete the installation requirements, the City shall have the right to 36 draw upon the letter of credit or escrow deposit to complete the 37 installation of the requirements herein. Any funds in excess of;those 38 required to complete the installation shall be retained by the City to-offset 39 administrative costs. 40 41 42 12.0 MODIFICATIONS, VARIANCES AND APPEALS 43 12.1 MODIFICATIONS: Whenever there are practical difficulties involved in complying with the provisions of this ordinance, the Landscape Administrator 46 may grant modifications in individual cases provided he shall first find that a t.:CITYDOCS\ORD\DRAFRLANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 17 7C-23 L special individual reason makes strict compliance with this ordinance impractical; that the modification is in conformity with the intent and purpose of this 3 ordinance; and that the proposed modification is at least the equivalent of the 4 requirements prescribed by this ordinance. Such modification may only be made 5 upon written application filed with the Landscape Administrator and the details of 6 any action granting a modification shall be recorded and entered into the files of 7 the City. 8 9 12.2 VARIANCES AND APPEALS: Any applicant who desires a variance or 10 elimination of the requirements herein, or who desires to appeal a decision by the 11 Landscape Administrator, shall file a written appeal with the City Manager for 12 consideration by the City Council. Such appeal shall be accompanied by adequate 13 graphic reproductions, a written summary of the request, and justification for such 14 request. The City Council shall have the authority to grant an interpretation or 15 variance to the requirements of this ordinance. In granting any variance, the City 16 Council shall determine that a literal enforcement of the regulations herein will 17 create an unnecessary hardship or a practical difficulty on the applicant, that the 18 situation causing the unnecessary hardship or practical difficulty is unique to the 19 affected property and is not self-imposed, that the variance will not injure and will 20 be wholly compatible with the use and permitted development of adjacent 21 properties, and that the granting of the variance will be in harmony with the spirit (11: and purpose of this ordinance. The decision of the City Council shall be final. 13.0 VIOLATIONS 25 26 Any person, firm, corporation, agent or employee thereof who violates any of the 27 provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof 28 shall be fined not to exceed Five Hundred Dollars and No Cents ($500.00) for all 29 violations. Each day that a violation is permitted to exist shall constitute a separate 30 offense. 31 32 14.0 SEVERABILITY 33 34 It is hereby declared to be the intention of the City Council that the phrases, 35 clauses, sentences, paragraphs and sections of this ordinance are severable, and if 36 any phrase, clause, sentence, paragraph or section of this ordinance shall be declared 37 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, 38 such unconstitutionality shall not affect any of the remaining phrases, clauses, 39 sentences, paragraphs and sections of this ordinance, since the same would have been 40 enacted by the City Council without the incorporation in this ordinance of any such 41 unconstitutional phrase, clause, sentence, paragraph or section. 42 43 15.0 CONFLICTING ORDINANCES This Ordinance shall be and is hereby declared to be cumulative of all other 46 ordinances of the city; and this Ordinance shall not operate to repeal or affect any of L:CITYDOCS\ORD\DRAF LANDSCAPE 7.DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 18 7C-24 Cri such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting 3 provisions, if any, in such other ordinance or ordinances are hereby repealed. 4 5 16.0 SAVINGS CLAUSE 6 7 All rights and remedies of the City of Southlake are expressly saved as to any and all 8 violations of the provisions of any ordinances affecting the regulations for installation 9 of landscaping improvements which have accrued at the time of the effective date of this 10 ordinance; and, as to such accrued violations and all pending litigation, both civil and 11 criminal, whether pending in court or not, under such ordinances, same shall not be 12 affected by this ordinance but may be prosecuted until final disposition by the courts. 13 14 17.0 PUBLICATIONS CLAUSE 15 16 The City Secretary of the City of Southlake is hereby directed to publish the proposed 17 ordinance or its caption and penalty together with a notice setting out the time and place 18 for a public hearing thereon at least ten (10) days before the second reading of this 19 ordinance, and if this ordinance provides for the imposition of any penalty, fine or 20 forfeiture for any violation of any of its provisions, then the City Secretary shall 21 additionally publish this ordinance in the official City newspaper one time within ten cr. days after passage of this ordinance, as required by section 3.13 of the Charter of the City of Southlake. 25 18.0 EFFECTIVE DATE 26 27 This ordinance shall be in full force and effect from and after its passage and publication 28 as required by law, and it is so ordained. 29 30 19.0 APPENDICES 31 32 It is anticipated that the following appendices will be changed periodically by the 33 Landscape Administrator in response to changes in the administration of this ordinance. 34 C C:CITYDOCS\ORD\DRAFIILANDSCAPE 7 DOC LANDSCAPE ORDINANCE 544-A Draft No.7 Dated 06/09/99 Page 19 7C-25 L., APPENDIX 'A' - Recommended Plants Page 1 of 2 Canopy Trees Common Name Botanical Name Height& Width _ Bur Oak* Ouercus macrocarpa 60' x 40' Live Oak Ouercus virginiana 40' x 50' Shumard Oak _Ouercus shumardii 70' x 50' Texas Red Oak Ouercus texana 30' x 30' Chinkapin Oak Ouercus muehlenbergii 60' x 40' Sawtooth Oak Ouercus accutisima 50' x 40' Cedar Elm* Ulms crassifolia 80' x 60' Lacebark Elm* Ulmus parvifolia 50' x 40' Pecan Carya illinoinensis 80' x 80' Bald Cypress* Taxodium distichum 80' x 50' Dawn Redwood Metasequoia glvptostroboides 80' x 40' Western Soapberry* Sapindus drummundii 40' x 30' Chinese Pistache* Pistacia chinensis 40' x 40' Sweet Gum Liquidambar styraciflua 70' x 30' Southern Maanolia Magnolia grandiflora 60' x 30' Texas Ash* Fraxinis texensis 50' x 40' White Ash* Fraxinis americana 50' x 40' Accent Trees Common Name Botanical Name Height&Width C, Eastern Red Cedar* Juniperus virginiana 40' x 20' Canaert Juniper Juniperus canaert 40' x 20' Austrian Pine* Pinus nigra 30' x 30' Eldarica Pine* Pinus eldarica 40' x 20' Japanese Black Pine* Pinus thunbergii 30' x 20' Ponderosa Pine Pinus ponderosa 50' x 20' Slash Pine Pinus elliottii 80' x 20' Possumhaw Holly Ilex decidua 15' x 15' Yaupon Holly Ilex vomitoria 15' x 15' Savannah Holly Ilex opaca 'Savannah' 25' x 10' Aristocrat Pear Pvrus calleryana 'Aristocrat' 30' x 20' Shantung Maple Acer truncatum 40' x 20' Mexican Plum Prunus mexicana 25' c 25' Cherry Laurel Prunus caroliniana 25' x 15' Vitex* Vitex agnus-castus 15' x 20' Red Bud Cercis canadensis 25' x 25' Southern Wax Myrtle Mvrica cerifera 15' x 10' Goldenrain Tree Koelreuteria paniculata 30' x 30' Rusty Blackhaw Viburnum* Viburnum rufidulum 15' x 15' Crape Myrtle* Lagerstroemia indica 25' x 15' Eve's Necklace* Sophora affinis 30' x 20' Mexican Buckeye* Ungnadia speciosa 15' x 15' Desert Willow* Chilopsis linearis 25' x 20' Ornamental Pomegranate* Punica granatum 10' x 10' C * Indicates drought tolerant plant material that may be considered for use for obtaining Xeriscape credits • Plants designated as`Native' are indigenous to Southlake. 7C-26 Y ` APPENDIX 'A' - Recommended Plants Page 2 of Shrubs Common Name Botanical Name Height& Width Dwarf Burford Holly* Ilex cornuta 'Burfordii Nana' 5' x 5' Dwarf Chinese Holly* Ilex cornuta 'Rotunda' 3' x 3' Nellie R. Stevens Holly Ilex x 'Nellie R. Stevens' 15' x 15' Foster Holly Ilex x attenuata 'Foster' 10' x 10' Dwarf Yaupon Ilex vomitoria 'Nana' 3' x 3' Spiraea Spiraea spp. 6' x 7' Eleagnus* Eleagnus ebbengii 6' x 6' Glossy Abelia* Abelia grandora 6' x 8' Sea Green Juniper Juniperus chinensis 'Sea Green' Varies Tam Juniper Juniperus Sabina 'Tamariscifolia' 3' x 6' Texas Sage* Leucophyllum frutescens 7' x 7' Red Barberry* Berberis thunbergii 4' x 4' Red Yucca* Hesperaloe parvifolia 3' x 5' Dwarf Wax Myrtle Myrica pusilla 4' x 4' Dwarf Crape Myrtle Lagerstroemia indica 6' x 6' Variegated Privet* Ligustrum sinense 'Variegaea' 6' x 8' Hypericum Hypericum henryii 3' x 3' (ime, Nandina* Nandina(cultivars) Varies Hibiscus* Hibiscus rosa-sinensis(cultivars) Varies Indian Hawthorn Rhapiolepis indica Varies Cleyera Ternstroemia gymnanthera 8' x 8' Groundcovers Common Name Botanical Name Characteristics Creeping Juniper* Juniperus hori=ontalis(cultivars) Low spreading Japanese Garden Juniper* Juniperus procumbens(cultivars) Low spreading Lantana* Lantana spp. Blooms spring to 15t frost Fountaingrass* Pennisetum spp.(cultivars) Green&purple cultivars Miscanthus Grass* Miscanthus spp.(cultivars) Different sized cultivars Asiatic Jasmine Trachelospermum asiaticum Sun&shade tolerant Winter Creeper Euonymus fortunei Sun&shade tolerant Cast Iron Plant Aspidistra elatior Shade tolerant Liriope Liriope muscari(cultivars) Different sized cultivars Mondo Grass Ophiopogon japonicum(cultivars) Shade tolerant Periwinkle Vinca major&minor Shade tolerant Virginia Creeper Parthenocissus quinquefolia Shade tolerant Turk's Cap* Malvaviscus arboreus Sun&shade tolerant Coralberry Symphoicarpos orbiculatus Shade tolerant Seasonal Color Perennials and Annuals as needed to maintain seasonal color L * Indicates drought tolerant plant material that may be considered for use for obtaining Xeriscape credits • Plants designated as `Native' are indigenous to Southlake. 7C-27 LAPPENDIX 'IVREQUIRED LANDSCAPE SUMMARY SUMMARY CHART - BUFFERYARDS Location/ Length of Required/ Buffervard Canopy Accent Fence/Screening Base Line Provided Length Width/Type Trees Trees Shrubs Height& Material North- Required Provided East- Required Provided South- Required Provided West- Required Provided *Note any credits used in calculations: a. Other Comments: LI 2. 3. SUMMARY CHART - INTERIOR LANDSCAPE Landscape % of Area in Canopy Accent Ground Cover Area Front or Side Trees Trees Shrubs 1Sq. Ft.) Required: Provided: *Note any credits used in calculations: a. Other Comments: 1. * EXISTING TREE CREDIT SUMMARY Applied To Canopy Trees Understory Trees Trees @ 6" - 12" DBH L, Trees @ Greater than 12" DBH 7C-28 N r f- O C e-4 o 8 ' e8 f-I d d Iv G7 +� � 3 3 3 3 r�1 • el i ri 1 g g go §•g g gg § gtjgg g g g 4g C C . P p ; 1 0 0 0 0 0 `a o O_ m. o 0 - o0 . , r0 .w IR ('1 C1 C1 N C 1 ('1 Ts '� e� 'LS A •-1 CO e�i e-i N 4-4 Inhn 11 N S ri J� J4 � � � �g5555 ° N Gl 2 � � 1� J-� 1� ��', J� i� `� aaaaaac� �;' �& 55 a aaaaaaa fil 8 cam co az al al co.~a c\AO�ga�v �C�Aa\ac\q o404 Gc� a4pq Cao � � 4ts � 4i � +3 +3 13iili4i4i4i4J �� 8 �� 8 � 888888 88888 8888888 a C I. tp N N N) l0 N N. N Ul Ul Ul N ul to to U1 e-i e-1 e-.1 e-i r1 e--1 e-1 '-1 .--1 (.'1 H r o tr "E 2 ,� 0 o p. --1 v.1 . o Q s ..i ,i w g COFri -� COU A _ 1°1-,--1 .i 4... 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N ,.. —18— 7C-29 CITY OF SOUTHLAKE 01/23/92 LANDSCAPE/IRRIGATION PLAN APPLICATION ( eAr TI LE OF PROJECT: ISION NAME: LOT: BLOCK: OWNER LANDSCAPE ARCHT./DESIGNER NAME: CONTACT: ADDRESS: PHONE: I hereby certify that these plans are in conformance with the requirements of the Landscape Ordinance No. 544, amendments, and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. Signed: Date: For City Use Only: I hereby acknowledge receipt of the Landscape/irrigation plan application and the application fee in the amount of $ on this the day of , 19 Signed: Title: (1'he following checklist is a partial summary oflandscape/irrigation plan requirements required by the City of Southlake. The applicant .should further refer to Landscape Ordinance No. 544, amendments and other ordinances, maps and codes available at the City Hall that may pertain to this landscape/irrigation plan submittal. LANDSCAPE PLAN REQUIREMENTS Shown Not On Plan Applic. Sheet size: 24" X 36", or as approved. Acceptable scale: 1" = 10' , 1"=20' , 1"=40' , or as approved. North arrow, graphic and written scale in close proximity. Appropriate title (i.e. "Landscape Plan") . Title block includes street address, lot and block, subdivision name, city, state, date of preparation. Name and address of owner. Name, address and phone of firm preparing plan. Boundary shown with dimensions. Any existing utilities shown. (i.e. water, sewer, storm drain, gas, electric, cable, etc. ) Width and type of bufferyards labeled on all sides. Location, caliper size and name of all existing trees with 6" caliper or more which are to be preserved. Location, quantity, size and name of all proposed plant materials, including plant list and legend. Maintenance note provided. L Label type of any enhanced pavement proposed. Visibility triangles shown. Landscape Architect seal signed and dated. Plant list shown with format similar to Appendix 'C' . Any berms delineated with one foot (1' ) contour intervals. -19- 7C-30 V Landscape/Irrigation Plan Checklist •L.4-1 Page 2 of 2 IRRIGATION PLAN REQUIREMENTS Not On Plan Applic. Sheet size: 24" X 36", or as approved. Acceptable scale: 1" = 10' , 1" = 20' , 1" = 40' or as approved. (Must be same as Landscape Plan.) North arrow, graphic and written scale in close proximity. Appropriate title (i.e. "Irrigation Plan") . Title block includes street address, lot and block, subdivision name, city, state, date of preparation. Name and address of owner. Name, address and phone of firm preparing plan. Boundary shown with dimensions. Location of all existing trees 6" caliper are larger which are to be saved. All pipes labeled as to size. All heads labeled as to type. (Legend is acceptable) Backflow prevention labeled with type and size. Connection to water service shown after meter. Second meter (with size) shown if intended. Any existing utilities shown. (i.e. water, sewer, storm drain, gas electric, cable, etc. ) Note on plan: "All backflow installations and connections to city water lines must be permitted separately by the City inspection staff". Call (817) 481-5581, ext. 742. Maintenance note provided. (11we' Plan sealed, signed and dated by qualified professional as authorized by State law. • (re -20- 7C-31 / t II I / \ p • IJ o6• st t � I R• 14m0? T • tAOT ,L ■ N4 ay i,>. J ` / • / • • I Jfm1� �' I now- 11 7" = OOOaC ,!w J I _ _ _ - - -- •� � __ �� . tx ar{p {N _ _- _ _— ._ I � mCtC •• — ---�__ — I �\ `� \ \ �"'•�r\ \, �-' \ \ ,.yam it �1 i� _ I . • •.• •, � � .t :•c J , Trt'trs- _ "=- - - - - - -'°[ - - t•� as t a'. J / T� �.•:•'. 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'ur Q � l 1 � 1 �� 101 UXJA1 � ' W • 1 (� 11Otllll IS T ColuE 1 .tl OF r1'll .mu Wa w \� \ • f . \ •. - � � ,fie + R0. iM I I N 1 l 1 •I 7 -1N , e , � • .\ \/L� 1 )•'1141 / \ • it 1.�. xY � ` � }. mi V. \ •I A � • + � • . � y 7eu n tcrs - ♦ r>K t'r \ \ \ � `n s.m i un 31iD t \ i xn n �� / / I ,` (I � m � i ?C 1s, .l .i- \\ � � :s.m. a,-\\ \ I\ \ q:t->' - o ---- »c•�-------R-----�- _ \t ✓1i�'�.l�� •t,v a �� __ I-�--�•'�-�-�� `ICI' � � ___I-----�--��-_�---_�_ 117.2�'_ - yd w _ _ _ _ �- - - .. -sa- —M 6T Ss 4j '/ - ei l.eo': ,5 66•°� - - ' - . - - •--: / 4 os•s WA.i • 1 • i �-G x cu OT OT —sr—n: �isnt +u2 ` r ac I r c p� ..QT tt • O y 1 : s. ,�..K" ,a•,.s n•r� 2 21999 > o,ca[.w ,�.,� � City of Southiake, Texas STAFF REPORT June 11, 1999 CASE NO: ZA 99-050 PROJECT: Resolution No. 99-46/Specific Use Permit for Special Events-Downtown Southlake Celebrates STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Specific Use Permit for Special Events associated with Downtown Southlake Celebrates on property legally described as Southlake Town Square,Phase I, an addition to the City of Southlake,Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4892 and 4893, Plat Records, Tarrant County, Texas, and being approximately 42.013 acres. The events will be held on consecutive Saturdays,June 26, 1999,and July 3, 1999, and will be sponsored by the City of Southlake Community Services Department and Southlake Town Square. PURPOSE: SUP approval is required for a Special Events Permit per the Zoning Regulations of the development. LOCATION: On the northeast corner of the intersection of North Carroll Avenue and East Southiake Boulevard (F.M. 1709). OWNERS/APPLICANTS: City of Southiake; Southiake Venture West, L.P.; Southiake Venture East, L.P.; and Southiake Central Venture CURRENT ZONING: "NR-PUD" Non-residential Planned Unit Development District to include "C-3" General Commercial District uses LAND USE CATEGORY: Mixed Use NO.NOTICES SENT: Ten(10) RESPONSES: One(1)response was received from within the 200' notification area: • Juergen Strunck, 200 North Carroll Avenue, Southiake, TX in favor. (Received May 24, 1999.) P&Z ACTION: June 3, 1999; Approved(7-0). City of Southlake, Texas STAFF COMMENTS: Due to the limited scope of this request and the fact that no changes are to be made to the previously approved concept/site plan,no new review letter was generated. This site is subject to all conditions of the previously approved plans. 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Dear Chairman and Members of the Planning and Zoning CurtisHawk Commission: Assistant city Manager: Shona Yenerton The City of Southlake Community Services Department and Southlake Town Square are proposing to hold two special events, Lira L LeGrand• June 26th and July 3`d. Packaged under the umbrella name "Downtown Southlake Celebrates", both events will incorporate the Independence Day theme and are being developed for the entire family to enjoy. The June 26th event will feature a "Picnic in the Park" theme similar to those previously held at Bicentennial Park. Beginning at 7:00 pm there will be a children's parade through Family Square, followed by a children's show and a performance by the Lake Cities Band. Arts and crafts booths, refreshments, and children's activities will also be included. 'All special event programming will take place within designated park property (RUstin Park and Family Square). The July 3rd event entitled "Community Independence Day Celebration" would begin at 10:00 am and last until 10:00 pm. Informational and interactive booths; entertainment, and food will be available within the Rustin and Family Square park areas. In the evening, the Lake Cities Band will perform in the Rustin Park bandshell pavilion and a low level fire works display (averaging 200 feet) will occur over Lot 1 , Block 3. Town Square officials have been working with the Department of Public Safety and have '117'S Community Services Department •Parks and Recreation Division Bicentennial Park Community Center 400 North White Chapel •,Southlake,Texas 78092-6242 (817)481-5581,Ext.758 FAX FAX(817)421-2175 page 2 received preliminary approval for the fire works pending FAA review. In order to create a safer and more cohesive environment for both events, we are requesting that Fountain Place, which bi-sects Rustin and Family Square parks, be closed from 5:00 pm until 10:00 pm on June 26, 1999 and from 8:00 am to 10:00 pm on July 3, 1999. It is also requested for July 3, 1999 that Civic Place be closed from 7:00 pm until 10:00 pm. All other streets would remain open. Promotions and publicity for both events will be directed towards Southlake residents only. Four accessible portable restrooms will be available during each event and located in the east and west parking lots directly behind the buildings. Community Services staff and Town Square officials will work closely with the Department of Public Safety to ensure that all issues relating to (or police, fire, and ambulance service are addressed. A site map and layout for each event are included for your review. I certainly appreciate the opportunity to bring these exciting and unique events before you for review and consideration. If you have any questions or need additional information, please contact me at your convenience. Sincerely, ekAid4._ Steve olasek Deputy Director of Community Services cc: Kevin Hugman, Director of Community Services Nancy Hormann, Vice President of Southlake Town Square L /0v" LMEMORANDUM June 2, 1999 TO: Steve Polasek,Deputy Director, Community Services FROM: Gary Gregg,Deputy Director, Police Services SUBJECT: Planned Events for Town Square Southlake DPS is proud to be able to assist the Community Services Division with public safety issues surrounding the June 26th and July 3'd activities happening at Town Square. Vicki Hess- Miller and Sgt. Rusty Daniels will coordinate the fire and police personnel dedicated to those activities. We plan to have both officers and paramedics on bicycles working in the area during the festivities. 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Mr ate, _I O v , /, /�/, �..0-i il V U co , :(. -• _ �j �_� 11 I I I 11:; // i'l? i ;di- =_.- 01'0 _ o m J / 6 1, I 7 v h IZ = < .. / n /\ 7^ , 1 q 11111 t 11 — • — E 00 /12112- . f / LV 1- ' n J ` e h 1J � � a • - — ; `' Ly / / 4'1 AM' / '\\\\\\\ � \\\\\\\\�. \\\\\\\\e\.10• AM Wei .--; - 7 ir % l ` ?,) yOM ., .711/1*... �� — .L sa �I1. mei inn I C*././.4:4 , / :lc !Z/ i i,we...,.,, .‘\\_\\._\;,ii!::,..r‘.\,Z.14 \ \ \ .1 V4 7. 11. 1 ii Aft taro II I I\\.-tee►\\ \ I \ \\\\\\\ �1\\\\\S\\\\\\Nr. /.1 \\\\ � ,,, i �1 1 11 1 1 1- I ^� ... ��_ C i • '' , — • , i `• •b -�+11 I I ! 1/ IJ l-G+.---r- I.11 111111i r;J•I L,t I I v = o © = 3 -......-:_, ., g ,-,..,= _ _ _ _ ,3i ; e 'lI11IIIlllllllllll,I111IIII,IIil I a) i t 1 I it I • Cr/ .� o = 1 1 I C:=1:::::""1); — — — — — — p H /; — _ Lco 0 (111/ .-4 _ ___ = = _-___ _-- 5 :6- • NM 3 1n- il J Dmot ass `1 %Elc Resolution No. 99-46 Page 1 RESOLUTION NO. 9946 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FORwer . d .= ON PROPERTY LEGALLY DESCRIBED AS� ' A PHASE I, aLyq •: , Via, TARRANTC( ,� '! 11)) a '10.' 'a 2 RECORD t : ® . t 1 p$ g 9 g mew, b9 MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for Special Events associated Downtown;Soe Celebrates, has been requested by a person or corporation having a proprietary interest in the zoned as R PUD" on-Residential � y o K sari property N � Planned UiutD,.ey'elopment � . . General Commercial District uses; and, WHEREAS, in accordance with the requirements for the approval of all special events held in outdoor spaces established in the development regulations for Town Squ wg, 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. (19.0, NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: L ,P_FILES\RES-0RD\99-46.d D- lZ e. • Resolution No. 99-46 L Page 2 • SECTION 1. A Specific Use Permit is hereby granted for` Celebrates on property legally described as S g Y of 64r ' �. s ataae as nag a iiaE 4893,Plat Rec � '` ou exa m ,. - <• _. ;. ' �, �� ,more fully and completely described in Exhibit"A",and as depicted on the approved site plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, 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: 2. 3. 4. 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF ,1999. CITY OF SOUTHLAKE By: Rick Stacy,Mayor A I lEST: C Sandra L. LeGrand City Secretary L\coo ncwr- .aoo 1 I)-.1 b Resolution No. 99-46 L Page 3 APPROVED AS TO FORM: City Attorney City of Southlake, Texas • rf _ •tea- U , . L:\ComDCV WRFILESIRESORD499-46.doe D _ Resolution No. 99-46 L Page 4 EXHIBIT"A" • - • `,d "„.1, 3 1 v,;1,„ 4.7•;‘, , ••a)1; 5, ,1:7 ,„ )1',-*.-1:-4 • • J1, . ' • LAComDrAST-FILESMES-OREA99-464oe -1 0-IS Resolution No. 99-46 L Page 5 EXHIBIT"B" l t' i —CENTRAL AVENUE.,,, •. / _ --d-F, ,: cr,o. © © -....- - L , 7_ ':f:. •�1 I - � i•.jr. do L .i _ • �I y`` • !„.4,, ''/ 9 - _ - `.03,5 e•o e $ . y It. �// /'44/ / i' �7:`�\ GRA3N�DyAVENUE I 51 ciii ; 9 L .„.._, • v....:.... .•. _,.,.. . ,. „, ..._,_,•/4,/„..i.p. . rs.,.' ��t S�� /, /• 6. .a fit id. • ..t. a• _.� 1I�{,�{� • J�/Jl�/�/• 6�/ /s ?; STATE STREET - . v� .., c / 1 1' '' -j•- . : jr . ' .III !• 4ir. ® m ® -: - - q _• :�_ ap - _ tit' :•f .• - - -_ - - _ - -_ = • 1 _ QD (IDO �S7 ® 1 . - - - - -- 1 ._ _00 Il .- WWI !O O d , OO� O t 0, ��I • O0 • 4 O O o_-__ _ • TKCA �oR _LPI 1 I iL ____________.______._ • • I� . . 1 D%14 • Resolution No. 99-46 L Page 6 EXHIBIT"B" Illt n. STOW 't' c uo. f :�: sirAlip IL y LISMIL, L ooi r\N;.a4giIl 1l1..•14/1,i 11M1 111L1.A.i.1..4.1PM �� bUIDN•.• .E„&.11WIN O 1,.1.,i„M4,&,,._. ,e .ATl...,. .„,.e ei olk. NI.n : (. 4.:r. :i:0. ail /i /� ». r noaar ., M / .24 j11� 1 arrWu � •1 i 1� •.� 6 .. i� /+ ..........,..., L , ir f• „Nriv, .it 074,047 % no 0 ! , 1._ _ k. p wl.rz it a i• 1 i 0 �l o 0 . • fe.• .... I a' 'M 11 g. cuMS . at IP l .1, {) .., . •c gior 0 ill • 4�► 11) 'i.e. a. _ U .'i :sin, : 4/Wits FII - - :NM irr-4 ,:•ir ir `►r ►ir it :�: r Ili fr • ev ...ley I% T. II ON 4 i 1 ( 41 I . l 41 40 tiv o • 0 u r 1: 0 •ri." 01 N riCiViG ►seine Ala . 1 J O 4"0: z�, 999 0 ,/ 4).. L:\ComDev WP-FILES\RES-ORIA99-46.doe Resolution No. 99-46 L Page 7 EXHIBIT "B" . - VI /� AC III c s IMMINI /- V '//; /,,, / y• / _ :� ,e JI III IIII Iul III IiI I IIII i 4 C / ,,,,// ,,, , , / ,/ ,, a, :81/ 1' .,.._,F.1 1 4di t °... •• /7772-, 'e Ni t.. . ei 'I — U 5 :9) 1 1 Z >. / ' ii� e �/ fl ."i J �,\ , I � E A 0 i ? ' ____%-: 0 0 •-e:irrpi____:-...sl I ._mcm7-- : X _y _ ' / ''�', ' ��` ip./ \I;\\\\ \\\-"th' \Ii.\:� '-`fr' AIM'/ .' �\S\\\\\ �1-91\\\\\\\\\ < \\\\\\\\ •,� *%,., • • .... L , r,,, i,„ „...i.,.„,,:7 § , i „„,,,,,,.., „/ „... min alim vs ' All All 4/ ,'''/ '✓ � � .cy �\pia � •.\\\\\\_ice II II II II II i 76 _�:�_ ' I ^/ � i r:¢ 5�tI � 21\1 I1I.W—�— '.11 yILL'V1Ld a. cI _= _ _. _ 11- _ • � ~ = mi V , IIi11111IjI111UUIIIIli11 i = ill, I1 o A. -1 • th L Jil\ = O ,, It : omDev\WP-FILES\RES-ORD\99-46.doc `e-` .L\C Page 7 Ip-1$ City of Southlake, Texas STAFF REPORT Cowe June 11, 1999 CASE NO: ZA 99-029 PROJECT: Resolution No. 99-48/Specific Use Permit/Wal-Mart/ - outside storage of plants or other greenery STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy,Zoning Administrator,481-5581,ext. 743 REQUESTED ACTION: Specific Use Permit for outside storage of plants or other greenery as part of a retail operation per Zoning Ordinance No. 480, Section 45.1 (29) on property legally described as Lot 2,Block 1, Farrar Addition,an addition to the City of Southlake,Tarrant County,Texas,according to the plat recorded in Cabinet A, Slide 1975, Plat Records, Tarrant County, Texas, and being approximately 23.003 acres. LOCATION: South of State Highway 114,north of East Southlake Boulevard(F.M. 1709), and west of North Kimball Avenue. OWNER/APPLICANT: Wal-Mart Stores, Inc. CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Twelve (12) RESPONSES: None P&Z ACTION: April 22, 1999; Approved(4-0) applicant's request to table and to continue the Public Hearing to the May 20, 1999, Planning and Zoning Commission meeting. May 20, 1999;Approved(7-0)applicant's request to table and to continue the Public Hearing to the June 3, 1999, Planning and Zoning Commission meeting. June 3, 1999;Denied(7-0). STAFF COMMENTS: Due to the limited scope of this request and the fact that no changes have been made to the previously approved concept/site plan,no new review letter was generated. Attached is a concept plan indicating the area of the proposed outdoor storage and display.In granting a specific use permit for this activity, Le. the City Council is authorized to set out specialized buffering, screening, design and signage requirements to ensure that the outdoor storage, display and sale is totally compatible with the specific site and all surrounding land uses. City of Southlake, Texas Note that this application requests to exceed the allowed area of outdoor sales permitted in Section 38.3(a) of the ordinance. This provision states that businesses may Adisplay for sale merchandise items traditionally marketed through outside storage not to exceed five(5)percent of the floor area of the business. By this provision,Wal-Mart would be allowed 6,500 s.f. of outdoor sales area based on the building floor area(130,000 s.f.). The existing open air garden area enclosed by the wrought iron fence is 3,729 s.f. leaving a remainder of 2,771 s.f. for screened sales area in the parking lot. The original SUP request was for an additional 1,516 square feet which reflects an additional 1.165% of outdoor sales area over the permitted 5% allowed by the ordinance. The applicant has amended their request to 1,074 s.f of outdoor sales area.The requested outdoor sales area reflects what is on the ground today with the exception of the 120 s.f. area adjacent to the building. The amended proposal represents a total of 5.83%of outdoor sales area for the site(0.83%over the permitted 5%). Also be aware of the following "C-3" district permitted use: "Nursery buildings for the retail sale of plants and accessory items where the sales operations are conducted entirely within an enclosed structure. Outdoor storage or sale shall be permitted with this use to the extent that the outdoor sales area is completely enclosed by a fence, wall or screening device." Recall that last year the applicant made application for the same SUP request, but had requested an additional 7,000 square feet which reflected an additional 5.38% of outdoor sales area (above the permitted 5%). On May 21, 1998, P&Z denied (6-0)the request and on July 21, 1998, the applicant submitted a letter to withdraw the request. L:\COMDEV\WP-FILES\MEMO\99CASES\99-029SU.doc L �1 -Z L WAL*MART SOUTHLAKE, TEXAS TO: CITY OF SOUTHLAKE FROM: AARON CARTER STORE MANAGER DATE: MAY 26, 1999 SUBJECT: SPECIFIC USE PERMIT PLEASE ACCEPT THIS REQUEST FOR A SPECIFIC USE. PERMIT FOR DISPLAYING LIVE PLANTS, ON THE FRONT SIDEWALK OF OUR STORE, FROM JUNE 1ST THROUGH JULY 31 ST• WE FEEL THIS WILL BE A COLORFUL, SEASONAL ENHANCEMENT TO THE FRONT OF OUR BUILDING. PLEASE GIVE THIS MATTER YOUR CONSIDERATION APPRECIATIVELY, tAti4 o AARON CARTER STORE MANAGER REC'OMAY 271999 -w-T--,-,-- ; ; 17-trY:: . 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(...... \11 ',. --_,,,,,.........:. .- 1 "ori . -..„::.....:„..:......:-..:....:....... .....:.:.........::::.:... h I • . 40111MILL. ) .::::*:::•:,:.:::::1:: :1:::11:••• 's 1.,1 .....`•,,,....--'........- ...,-,.c _7 .. 1.000 — '\---- -— 111111111111111Mmrililli°,....grIAPP- /(11 lri-',' .:ir . c- 0______!..-----011 ,_,,:;-(f. "f --—-----=----"-:-..----..7.. ....C),!_:_.,. - -...."mr....,r77...., , • '''' ........ ''.' I :I V r'41/.9 15 1640 . • I Resolution No. 99-48 (....., Page 1 RESOLUTION NO. 9908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,GRANTING A °' . 'i ° ,a ' F R O ,,S ii- ST . . > OF ` °' " o � 'rs Gft « r,. ' '` � .: i-e , ` AS. ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS, 1 ;, : z.. `. ADD�ON AN Ar9)Mt, TO : 1 `; :. TARkA NT COU�i S, ACC.o°.. .„1 O ' ' RECORD ' i i i �N i .c4 T p.a: ' -k kv 3, ` s a 'J 3;r�k ', .4'O 1aamay. rla`". . 2r� ,'',., .. ',', al ° ', , MORE FULLY AND ^ COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT"B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for outside storage of plants or other<greenery-aspartgofa retail operation has been requested by a person or corporation having a proprietary interest in the (1,,,. property zoned as"C-3"General Commercial District; and, WHEREAS, in accordance with the requirements of Section 45.1 °(29) 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 outsides orage•of plants or at ie '',"at:?,-,, ,,,,,,ii _ '° : ,fail operation on the property being legally described as Lot,2,;Block1 ,M ". p° it ,! ! _ ,y Vie. 3 ,y K2....µ q..� '. � '. ; 1° ;, k 9 g9 a p t) , 91 !II f� * 10 iS 91..]}dS` ° tn-i T: �� ">a .; more billy and :e�>& .� w.a #':,i*%�;:P,n�.rAa w- 'f*� rt^°<t'.'` . �; fiw nA".. - sc.. �'" � `�, s • Resolution No. 99-48 Page 2 completely described in Exhibit"A", and as depicted on the approved site plan attached hereto and • incorporated herein as Exhibit'B" and providing an effective date, 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. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1999. (hire' CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: (kr, City Attorney City of Southlake,Texas • Resolution No. 99-48 Page 3 EXIIIBIT "A" Lot 2, Bloek oo on to them City of Souttditke.$,Tarrant Couunty, Texas, according to the plat abutet A,Slid '� 3 54f#1 IRe6c t Tarrant County Texas and being approximate* C C L:\COMDEV\WP-FILES\RES-ORD\99-48.DOC Resolution No. 99-48 Page 4 EXHIBIT"B" I : 11: [I I k --------- ..,—-•--01;10) .„,...- ____..-- ,0 -----r...._-- M°oa a ram'' = — I I i.. J�x id, i I �` • .` 1 .lid; -( 1 ✓..�� 1., 1.3rrt' \ I • 111 a.__e -\ j t 4 4 V 4 * • 2 i 1 (1 i\i: / 1 Sga" ( ii I,. j._'e I t / 11 t i ! S• ! )j jf % P �i• t•1 _ 11 i• .: x d� 1 .. } i iIt !t 1' L . • • i .1 1 I a r t . . 40 , �i . ii e1 — ii"i ii , y- -. . f � k ii , I`, , ! ! I. 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PURPOSE: Zoning/Concept Plan approval required for development. LOCATION: On the north side of West Southlake Boulevard (F.M. 1709) approximately 480' west of Southridge Lakes Parkway. OWNER: Grace Presbytery APPLICANT: Southlake Boulevard Presbyterian Church CURRENT ZONING: "C-3" General Commercial District REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Retail Commercial and Office Commercial NO.NOTICES SENT: Seventeen(17) RESPONSES: Three (3)responses were received from within the 200' notification area: • Paul D. Miller, 108 San Jacinto Court, Southlake, TX, undecided, "1. 10' high brick fence to control noise and security. 2. Control lighting height and intensity — High School and Gas station already a problem. 3.Need a berm buffer similar to the one on the west w/pines. 4. No 2 story structure. 5.Keep the existing trees in place." (Received June 1, 1999.) • Sandra D. Smith, 106 San Jacinto Court, Southlake, TX undecided, "1. Lighting, 'put brick fence be nice!' 2. The traffic for 1709. 3. Water run off, the noise level of the day care. Pine • r1F-1 . City of Southlake, Texas trees along fence line would be nice." (Received June 2, 1999.) • Michael McLendon, DDS, 110 San Jacinto Court, Southlake, TX undecided,"According to the Site Plan,there is no use indicated • for the land directly behind the La Petite Daycare property. Will this land be used or maintained? Also,will any of the buildings on the church site be more than one story tall? If so, could those structures encroach on the privacy of the residents in Southridge Lakes; those whose property borders the church property?" (Received June 4, 1999.) P&Z ACTION: June 3, 1999; Approved (7-0) subject to Concept Plan Review Summary No. 3, dated May 28, 1999, deleting Item#1.a(driveway spacing);deleting Item#1.b but requiring the applicant to move the west entry as far north as possible and make it wide enough to meet the Fire Marshal's approval but not allowing any parking spaces to be extended any closer to F.M. 1709 (no further south than what is shown on plans); allowing Item #2.b (perimeter bufferyards) as shown; and acknowledging the applicant's agreement to provide a sidewalk along F.M. 1709. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated May 28, 1999. L:\COMDEV\W P-FILES\MEMO\99CASES\99-025ZS.W PD • I , 5 � • ' ..\ ' w 'a" I 1. I ; ec4 - # t "I rk 4— •=•,..dritit._$ .vg_iiim& °WIWI:1°0/1°44.011#JVIIIII 1.111 1112 tit rai. .i m' - ' kamfam.L4P 171t.#0.I RE III T 1 D D VW IMI . 111C II CI ItK2 enc ra ue / + I.Mak ..i., .......,.. ,.., b iflldil?d ■. 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LEAVITT ,o 13 Y I �Cj51 C . 2 II 5 27x § < g 29 Ii Ai117 110 110 Z v' t r 41 .(+ Z' T„ R.BEHRINGER ? SAN JACINTO 16 R 3 �jE$ ��c'szr ' 44 • `16\CT it a= z "� E LA �° 4 W ° M. I G y 1 -I # Z BURCHFIELD 1 TAR J P. 0 6 a j� ,� ,24 V N143 126 136 F. we no 8 LJR PEAKS DEVELOPMENT INC T:,''''''''''5''''2'6..,....o.,,,,,./,: iINCOME6 �� 165 ® SOUTHRIDGE LAKES REALTY HOMEOWNER'S ASSOC B O "n-3" ,67TEXAS 3 SOUTHLAKE114PROP LP "C 3 INVESTORS ' l� F .M . 1709 TR 3G STATE OF TEXAS. STATE O fASEX1364 in.088 O R 1A1A .0740 1 - 11 "S—P-1 " iN 2 R CARROLL ISD CARROLL TR 1 Al D' 1.426 0 00 I,/, _ IS g 3 2 u1 4 "AG" ,r LOW id 5 ADJACENT OWNERS '" t ,76 100 6 AND ZONING Ito 120 ' tr, 1 ,o _1,nUY ,/ni Dip - r If'4 6 to is 9 g Q s 7 JUN-01-1999 12:55 P.01 TERRY R. CUNNINGHAM ARCHITECTS June 1 ,1999 Ms.Lisa Sudbury City of Southlake Southlake,Texas 76092 Ref: Southlake Boulevard Presbyterian Church ZA 99-032 Reply to Comments of 5/78/99 on Concept Plan Ms. Sudbury In written response to the comments of Review Number Three(3)we offer the following: 1. It is our intent to leave the locations of the existing drives as they are.As on our latest Concept Plan dated 5/11/99 we have widened the west drive to 37.5 ft and propose modifying the existing radii to 30 ft. We propose modifying the east drive radii to 30 ft on the west side and 20 ft on the east side in an attempt to save the 16 inch oaken that corner. As regards to the stacking depths,on the cast side we have 300 ft from the front property line to the first tuna in to our parking area. On the west side we have 24 ft from (Ikur our west property line to the first parking lot intersection.This is a total of 324 ft with only 200 ft required. Also,please consider that the peak stacking times will be in the Sunday am period.Please note that this item was not raised for discussion at the DRC meeting of 516199. 2. The bufferyard and landscaping charts we included since we had already calculated the information and to show our intent to adhere to the landscape ordinance. The east buffcryard cannot be placed on the east property line due to the existing common driveway.This existing driveway is tight against our eastern property line. 3.Land use designations are indicated on our 5/11/99 concept plan for these lots-but are listed retail/office. We acknowledge that Lot 5 is only retail and that lots 13& 14 are only office.Our future plans will indicate this correction. 4.We are still investigating the addition of the sidewalk along Southlake Blvd. 5. The Case number ZA99-032 is on our Concept Plan 6.We are having conversations with the adjacent owners to receive letters about pavement modifications.There already exist common access easements on both driveways. L 1903 CENTRAL DRIVE SUITE 401 BEDFORD,TEXAS 76021 (817) 354.4289 '1F•5 RECD JluN 01 1999 JUN-01-1999 12:55 P.02 7. It is our intent at this time to meet all requirements of the residential adjacency and corridor overlay zone ordinances. 8. The tree preservation comments arc noted. We will make every effort to meet the requirements of the tree ordinance. In the first phase of development we will only remove one tree which falls in a firebug. Eventually,three more trees for a total of four will be removed. Two of these fall in the building pad zone. 9. Engineering comments are noted and will be addresses in future plan submittals 10. Fire Marshal comments are noted and will be addressed in future planning. Please contact me if you have a comment. Sinoerel do, orxw , L • L TOTAL P.02 1F-6 City of Southlake,Texas • CONCEPT PLAN REVIEW SUMMARY Case No: ZA 99-032 Review No: Three Date of Review: 05/28/99. Project Name: Concept Plan for CS Zoning for Southlake Boulevard Presbyterian Church, Southridge Lakes Addition, Phase C-1, Lot 3 APPLICANT: ARCHITECT: Southlake Boulevard Presbyterian Church Terry R. Cunningham Architects P.O. Box 93164 1903 Central Drive, Suite 401 Southlake,Texas 76092 Bedford,Texas 76021(817) 354-4289 Phone: (817)431-5110 Phone: (817)354-4289 Fax: (817)431-5110 Attn. Rev.Beaugh Fax: (817)571-0034 Attn T. Cunningham CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/10/99 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 LISA SUDBURY AT(817)481-5581,EXT.862. General Development Standards Applies Comments Corridor Overlay Regulations Y See Informational Comments for Site Plan Preparation Residential Adjacency Y See Informational Comments for Site Plan Preparation Building Articulation Y See Informational Comments for Site Plan Preparation Masonry Standards Y See Informational Comments for Site Plan Preparation Impervious Coverage Y Complies Bufferyards Y See Comment No.2 and Informational Comments for Site Plan Preparation Interior Landscape Y See Informational Comments for Site Plan Preparation Driveways Y See Comment No. 1 This rezoning and concept plan is accompanied by an SUP request for a Mother's Day Out Program ZA 99- ,:fir 033. _ 1. Although all driveways accessing the public right-of-way are existing,due to an apparent increase in the daily design hour of 20%or more created by this development,the following changes are needed regarding driveways per the Driveway Ordinance no. 634: a. Connections to public right-of-way must be in compliance with the minimum spacing requirements,as follows: Driveway Centerline to Intersecting R.O.W.Line Req'd Existing Deficiency Spacing Spacing East Drive to Southridge Lakes Parkway 500' 498' 2' 1 FT-1 City of Southlake,Texas West Drive to Corporate Drive 500' 185' 315' Driveway CL to Driveway CL Req'd Existing Deficiency • Spacing Spacing • East Drive to West Drive 500' 467' 33' (P&Z Action 6/3/99:Accept driveways as shown.) b. Connections to public right-of-way must be in compliance with the minimum stacking depths, as follows: Driveway Req'd Existing Deficiency Stacking Stacking West Drive 100' 20' 80' East Drive into Day Care 100' 40' 60' (P&Z Action 6/3/99:Accept the east driveway as shown, but requiring the applicant to_ move the west entry as far north as possible and make it wide enough to meet the Fire Marshal's approval but not allowing any parking spaces to be extended any closer to F.M. 1709 (no further south than what is shown on plans) 2. The following changes are needed regarding landscaping: a. Remove the bufferyard and interior landscape charts from the Concept Plan. Bufferyards and landscaping will be evaluated with individual site plans. Any intended phasing must be approved by P&Z and Council with individual site plans. b. Bufferyards should be placed along the outer perimeter of a lot or boundary line. This plan proposed relocating the east bufferyard to the west side of the existing driveway. (P&Z Action 6/3/99:Allow the east bufferyard as shown.) 3. Correct the following Land Use Designations: Lot 5,Southridge Lakes—L.U.D.=Retail Commercial Lots 13&14,Southridge Lakes—L.U.D.=Office Commercial • r '�`d'eZAction: June 3, 1999 over' eto mxF '�"` �` 9, ppr' ed je iio C P Review mmaryN 3, dated May 28, l �l Su o 1999, as noted above and with he followinimoddcatons: • acknowledging the applicant's agreement to provide a sidewalk along F.M. 1709. * The City Master Trail Plan does not require a trail along Southlake Boulevard,however, it appears the adjoining properties have provided walks. Contact the Parks Department regarding any potential park fee credits for providing a sidewalk. * Although not required by ordinance,staff would appreciate placing the City case number"ZA99-032" in the lower right corner for ease of reference. 2 L Q . City of Southlake,Texas * A letter of permission and/or common access easement must be obtained from the adjacent property owner(s)prior to issuance of a building permit for the construction of the off-site pavement. * Please note,before a building permit may be issued,a Plat must be processed and filed in the County Plat Records,a Site Plan must be approved by the Planning&Zoning Commission and City Council, and a fully corrected Site Plan must be submitted to the Building Department along with landscape plan, irrigation plan, building plans, and all required fees. Required fees may include but not be limited to the following fees: Park Fee,Impact Fees,Tap Fees,and related Permit Fees. * This review is based on the "CS" Zoning District Regulations. * This site falls within the applicability of the residential adjacency standards as amended by Ordinance 480-CC, Section 43,Part III Residential Adjacency Standards. Although no review of the following issues is provided with this concept plan,the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit 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: • Masonry requirements per§43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. • Roof design standards per§43.13b,Ordinance 480,as amended • Mechanical Equipment Screening per §43.13c,Ordinance 480,as amended. • Vertical and horizontal building articulation(required on all building facades)per§43.13d,Ordinance 480, as amended. • Building setback standards as per§43.13h and as shown in exhibit 43-E,Ordinance 480,as amended. • Spill-over lighting and noise per§43.13i and§43.13j,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. • Screening as per§39.4,Ordinance 480,as amended tir • 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 §43.9C3h and Exhibit 43-D on Page 43-14,Ordinance 480,as amended. • Fire lanes must be approved by the City Fire Department. 3 sic- Nye; • City of Southiake,Texas • • * 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 C 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 e,Ordinance 480,as amended. • Masonry requirements per§43.9C l 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 §43.9C3h 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. • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment cc: Reverend Mike Beaugh Terry Cunningham L:\ComDev\WP-FILES\REV\99\99032cp3presbychurch.doc za :ate C 4 • • City of Southlake, Texas TREE PRESERVATION ANALYSIS (NON-RESIDENTIAL DEVELOPMENT) Case: 99-032 Date of Review: 5 -6 -99 Number of Pages: 2 Project Name: Southlake Boulevard Presbyterian Church(Rezoning/Concept Plan) OWNER: PREPARED BY: Grace Presbytery USA Terry R. Cunningham Architects 1000 John Carpenter Frwy. 1903 Central Drive, Suite 401 Dallas,TX 75247 Bedford,TX 76021 Phone: (817)431-5110 Phone: (817)354-4289 Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND PROVIDES AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT(817)481-5581 EXT.848. TREE PRESERVATION COMMENTS: * Only trees within 6' of the building foundation, fire lanes,public utility or drainage easements and required parking areas may be removed within the first phase of development. No trees outside of the proposed first phase may be removed without a Tree Removal Permit and the applicant will be required to replace the tree as specified in Section 5.1,of the Tree Preservation Ordinance 585-A. * Grade Changes: No grade changes shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Landscape Administrator or if grading is as directed by the City's Drainage Inspector. * Preserved'Tree: A protected tree shall be considered to be preserved only if a minimum of 75%of the critical root zone is maintained at undisturbed natural grade and no more than 25% of the canopy is removed due to building encroachment. * All area within the public R.O.W.,public utility or drainage easements as shown on an approved Final Plat and the fire lanes, required parking areas and area within six feet (6') of the building foundation as shown on an approved Site Plan shall be exempt from the tree protection and replacement requirements specified in the Tree Preservation Ordinance 585-A. C BUILDING INSPECTIONS L:\TreeADRC99U9-032r2 PIP S+nayry 53Mr1 auWaFL41u, u h'Id 6 J.171 Nv !d F.I. I �rHOruxxno •1 x�ttat INYaLLAaSa a ants xznos� IdaoM .15flfI4 Un I cn II Cr) si ce; _ ,...ii. 4 ,. '---;-„, L , 2 i , i —III i al ' 1 ii14 H $ : : 1 I ';'''. 4 _ ,____ 1 I I E�L-86-111114 -- —__I'"., 4I II, ¢ I .... , i ii. I Z I Nr 1 q I.... , ' I I IS I mil ° I jk iiii ..ss ..............,..,•,. I I 1 I I ,A !t .?I_. '•2C 3..E. 7-7 _z__s-- r, ! ; , I F _ I D•MW°1rOrr�ra�,.•.e.•••mrw_I_ _�,,, / / (() I • r •r.ruin MI-, _ _ _ 14 Ili * / ii _ fil I / x _ _ , _ li 411. R I,. // /� 21 : I �j'` /�, i'1 ice/ i '- --- I I ^ Iiit* III F ,41711Cit 0 ,iHf li 1 ft; ii;:i„,iT !t.,,,,,,,„ -,.., ..) ,, 0 ,/ /N, .. gg A.-, ht.4:,, ,..,4;. : ,:i n ::,i.:,,i! ': . ,i,.: -17.- i ri 3 id \ i ;I/ii,`.' .' I.I H.i' i Ertl 1 `;bPeq.!' ' 1.I N 1 • (.." . I aJ/ I, ': 1 7 it t: + i•i IR r 1 '< /w F 1.i LI —1-f�{+ iy ill_i •ILI: - '.ik, NI- i, .__Li••i44 1� -- ( - I t�i I I! t.111111111./ In'�lf'+ l.,y a.• 1 �� Tra JAM k I I - -- .•nwe•r w �I`J 1111 . I N I , I of !ti 4 1 r I i ic II II i li I ill ., i 7--:1::::1:: ill I i : ff rr [ ,'■^J U a tf ! ' it 1- I i * •it » i!!!!!!!! 11:o � na , " # 1 _I RROA•.•r °O NI ilii; rrrrr t ri I!!!!!!!! ,131!� NY..i' i on r N rill I:: ill'''' . w I ��= ITIIIIIII,g - • L-F. § ii li C 1 il f I el 0 ./ zpihiopou 11! I II e ILI 16 tin i 111111110 !! # I HHib L Ilene 101: ii I Ifil i 1. I/ 1 ii ti i_ a , II 1-►i, • • (kr...• : , CITY OF SOUTHLAKE, TEXAS ORDINANCE NO 4 ' u, AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 1D5•SITUATED 1 A. A. FREEMAN .SURVEY, ABSTRACT-: NO. 522, < 1 i' BEING APPRO TELLY .5.169 A RES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" M :41x i ikAa4r; TOalla �'`�, , ,' (' AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND L THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL 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. WBIREAS, 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 (..., :L crrYDO sORD\CASEsasO-3t2.DOC 4 Pagee i 414 9F-13 4. L, and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as C ,. Commercial District 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 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 (Age 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 FT+'+ LAC rYDOCSIORDTASESIIi4312.DOC Page 2 rr '�'' throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does fmd 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 feefs 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, LACITYDoCSwRD\CASF .48O-312.DOC Page 3 • 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 � Tact P die A AwAtiernizt being . +a4 cres, and more fully and coin•letely described in Exhibit "A" from G 3 Commercial Dist to District 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 L, 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, L CITYDOcs oRD\cASEsuao-312.Doc Page 4 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 fmed 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 LACITYDOCS\ORD\CASES400-312.DOC Page S 9f•'1 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 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 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 L, 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 liy law, and it is so ordained. C L:ICITYDOCS\ORD\CASBS14114312.DOC Page 6 PASSED AND APPROVED on the 1st reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1999. (we MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: C., EFFECTIVE: 1. 3I2.DOC Pate 7 EXHIBIT "A" • Description for a tract of iard in the A. A. FREEMAN SURVEY, ABSTRACT NUMBER 522, C.v., of Southlake. Tarrant County, Texas, and being that tract of land described in a deed to Grace Presbytery Presbyterian Church (USA), recorded in Volume 11419, Page 225, Deed Records. Tarrant County. Texas, and being described by metes and bounds as follows: BEGINNING at a 5/8"iron pin found with cap marked, "SEMPCO, INC."for the most westerly northwest corner of said Grace Presbyterian Church tract and for the northeast corner of Lot 13, Block 6, SOUTHRIDGE LAKES, Phase C-1, as recorded in Cabinet A, Slide 4596, Plat Records, Tarrant County, Texas, said pin also lying in the south line of Lot 24, Block 3, SOUTHRIDGE LAKES, Phase I, as recorded in Cabinet A, Slide 468, Plat Records,Tarrant County.Texas; THENCE North 89 degrees 28 minutes 14 seconds East a distance of 57.50 feet to a 5/8"iron pin found with cap marked,"SEMPCO, INC."for the southeast corner of Lot 24 and for the most westerly southwest corner of Lot 23, in said Block 3; THENCE South 40 degrees 46 minutes 42 seconds East at 16.5 feet passing 0.75 of a foot east of a 5/8"iron pin found with cap marked,"SEMPCO, INC.", in all, a total distance of 334.41 feet to a 5/8"iron pin found with cap marked,"SEMPCO, INC."for the most southerly southwest corner of Lot 20, Block 3, SOUTHRIDGE LAKES, Phase II,as recorded in Cabinet A. Slide 467, Plat Records,Tarrant County, Texas, from which a 5/8"iron pin found bears 0.4 of a foot, South 02 degrees 46 minutes West; THENCE North 89 degrees 32 minutes 02 seconds East a distance of 308.09 feet along the L, south line of said Block 3 to a 5/8"iron pin found with cap marked, "SEMPCO, INC."for the most northerly northeast corner of said of said Grace Presbyterian Church tract,and for the northwest corner of Lot 1, Block 6, SOUTHRIDGE LAKES, Phase C-1, as recorded in Cabinet A, Slide 657, Plat Records,Tarrant County, Texas; THENCE South 00 degree 29 minutes 33 seconds East a distance of 57.02 feet along the west line of said Lot 1 to a 5/8"iron pin found with cap marked,"SEMPCO, INC."for the northeast corner of Lot 2, Block 6, SOUTHRIDGE LAKES, Phase C-1, as recorded in Cabinet A. Slide 657, Plat Records, Tarrant County, Texas; THENCE South 89 degrees 30 minutes 13 seconds West a distance of 126.02 feet to a 5/8" iron pin found with cap marked, "SEMPCO, INC."for the northwest corner of said Lot 2,from which a 5/8"iron pin found with cap marked, "SEMPCO, INC."bears 24.0 feet, South 89 degrees 37 minutes West; THENCE South 00 degree 34 minutes 34 seconds East a distance of 328.16 feet to a 5/8"iron pin found with cap marked,"SEMPCO, INC."in the north line of We,st Southlake Boulevard - (Farm to Market Highway 1709)for the southeast corner of said Grace Presbyterian Church tract and for the southwest corner of said Lot 2, from which a 1/2"iron pin found for the southeast corner of said Lot 2 bears 125.5 feet, North 89 degrees 19 minutes East; THENCE South 89 degrees 33 mites 05 seconds West a distance of 456.53 feet along the north line of West Southlake Boulevard to a 1/2"iron pin found with cap marked,"AREA SURVEYING"for the southwest corner of said Grace Presbyterian Church tract and for the southeast corner of Lot 5, Block 6, SOUTHRIDGE LAKES, Phase C, as recorded in Cabinet A. Slide 2199, Plat Records,Tarrant County, Texas; THENCE North 00 degree 28 minutes 11 seconds West at 175.0 feet passing a 1/2"iron pin found with cap marked,"AREA SURVEYING"for the northeast corner of said Lot 5 and for the L, southeast corner of Lot 14, Block 6, SOUTHRIDGE LAKES, Phase C-1, as recorded in Cabinet A, Slide 4596, Plat Reeds, Tarrant County,Texas, in all,a total distance of 640.04 feet to the POINT OF BEGINNING, said described tract containing 5.169 acres of land. LACITYDOCS\ORDICASES41843I2.DOC T-2D Page 8 (...., . EXHIBIT "B" . 4ili, 1 ll;..1.)I•, ..1:-....,1n.,........ , , .. .....• , .1• ..... .;„ Alai!)SINN:1Z Aa a gwy INY17:13.1ASS3Eci 7,...72. Isr:-,-i...:.lcs1 ,17.2.:4c..3 i e li iau+,ago.11133 I en cri lit A .- .- . t i, . ••7*J" 4 . - 1 11 . 41 $ L___ 'JP I , ' 1 '• oi• 3 ..,-,,... .-------.. r U , , 11 hi /- : • ' . 6, g i g; 1 , art In i ...? r- _ 4 1. 1 .I , u Ng 1 :1-, l, IN , 4 , 111 1 "I. / I I . , ,/ - I ... ligti En NM I_r- ..`s I I 11 3 i , to /--- .. • 6... ......... orlitzigi.444.....4; . 4 744:74-4 i , /1 a ,.. .• ,w . ,11,."7ffr.-kf —r------.477-\1411 ....;\ .. ...-;.a - !is till 11 // / _ ..11,,B, . ,. 1 -•..., ...127, , :: ::I .1 1 1 rti, g 3 7: 2, - ....' siii ,_•—g- '-: -• Fr. ''.:'ii 4 , 1 : / c ...iN /*\ 11.c (1 . =I ., /' , / ' N ' li hh• It •I ' ,-' -7/ '‘N s. „,„,.., is Fr...?1:.\ .e.:05.'.•# .' ..'. .A... ; (:1:i ,1 • • . ....i. 4.S, , .f.• Ai,1 •. ., —r Aiii i‘ Hi . .. 1.. .J..,, ••• . ., f.•1. t.'-j'—_.: P!--7—'11 "" ., . _I. d to -i- .--, ,. ...--. 0 - ,7 N .''. .- =1- . ! ',.,. h h h 71.ii''•'"I: - El ., • .... , , . . ..... ,-.4 ,„1. ___,,,g_ , " ... , F_!1, , 1 ,...„1, ..,: . ,, I am. I ao 0 1 • 1 111 ?II ';-1, i',':-' ''''' 1 •It 1 1 1 \ ; ijoie . 9 ..v.:IF: 3 • I 'IL, . , ' , i I t 7. • 1 I 151 • /: .-71 --Hi .,. 34,..._ 1:1'.I 177::%"I .- - ---—---=j- -------- - ---I:%.. - cl I r• _ ,-• ' c=•i.t . I .;-;•.,-•..1_, Lill I.,i 4.. 4. ..,..5.11_ 1- , . ,...4...r-—,--.. - - --v..1•.i 1 i 11 ; • I—— .-,-.1--—. . . .•:-...-,9,- 7-- -r.‘ .. . -.-,, 1 - . i : s- ...., • • - i ii.si i . ii IMO NM 3 1 ! L I 114.61, i1111;T.111.: !I,11:1,, Illi.i V---..... MI ^. 1 - Ng • -. t.L . . .. , , I 0 i :.. • 4 , ii ii : II . 71111 ! , ,, , ,, ! 6,, 1111 i i Iiiiill 1112 II it:I ! li ! i!!mr. jii _ ',, Jit. L,1:.:,, ,1 , n II : ill 1 41;, .1.21..1... 3 33 3 13' 1- 3111 I 1 i. 3 I I' ; zA� �® ... i IN f ,1 .' ' iiii .....,--;••, [17111 •••. •1/4 I .i, r iiii Ile! alai omihNIN 15 I ja.'11.•• .ri .;22 2\. : ; : -'II • . C13 4100,3. ' )1 111- '- 1- : 11 1 . ..0:10-33013 -, i . i •• . •.••.!.1...• .• atirc,..,rwil 1 ' ! i IP Ili . ;;;;i:r..ii 1 t 1 ' 7 'II 1 11- aittlitillil'1 iHiiiiii li 1%1 I sill 1 'r',..1 :"7-'.., .71:71 ,. I li 1711 1 Nil •';IOU 311 4 • 1 I kirl'rE16 r :.; WI 1 ".. 11 iall Ili; 1 L ... , r .111 1 I LACtTYDOCSIORDWASES14110-312.DOC 9C-21 Page 9 City of Southlake, Texas STAFF REPORT June 11, 1999 CASE NO: ZA 99-033 PROJECT: Resolution No. 99-47/Specific Use Permit for childcare(Mother's Day Out Program)- Southlake Boulevard Presbyterian Church STAFF CONTACT: Karen P. Gandy, Zoning Administrator,481-5581, ext. 743 Dennis Killough, Senior Planner,481-5581, ext. 787 • REQUESTED ACTION: Specific Use Permit for child care (Mother's Day Out Program)per Zoning Ordinance No. 480, Section 45.1 (2.c) on property legally described as Tract 1D5 situated in the A. A. Freeman'Survey, Abstract No. 522, and being approximately 5.169 acres. PURPOSE: To provide a Mother's Day Out Program for a maximum of two (2) days a week for the community. LOCATION: On the north side of West Southlake Boulevard (F.M. 1709) approximately 480' west of Southridge Lakes Parkway. OWNER: Grace Presbytery Presbyterian Church APPLICANT: Southlake Boulevard Presbyterian Church CURRENT ZONING: "C-3" General Commercial District REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Retail Commercial and Office Commercial NO.NOTICES SENT: Seventeen(17) , a RESPONSES: Three (3)responses were received from within the 200' notification area: • Jeff Monaghan, 104 San Jacinto Court, Southlake, TX undecided, "height of building,parking lot lights coming into my backyard, noise." (Received May 26, 1999.) • Elizabeth S. Miller, 108 San Jacinto Court, Southlake, 'TX undecided,"1. 10' high brick fence for noise& security. 2.What kind of lighting will be used? Worried about intensity. 3. What (..., time will mother's day out program go till?" (Received June 1, 1999.) City of Southlake,Texas • Robert Smith, 106 San Jacinto Court, Southlake, TX,undecided, "1. What kind of lighting will be used?2. Does the parking area back right up to my fence? 3. How tall is the tallest structure? Pine trees along fence line would be nice." (Received June 2, 1999.) P&Z ACTION: June 3, 1999;Approved(7-0)limiting the S.U.P.to a maximum of two (2) days a week; limiting the hours of operation from 8:00 a.m. to 4:00 p.m.; requiring participation open to the community with a maximum of 25 pre-school age children; limiting it to the Phase 1 building; governed and administrated by the Southlake Boulevard Presbyterian Church; and being subject to Concept Plan Review Summary No.3,dated May 28, 1999,amended as noted with action on ZA 99-032. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated May 28, 1999. L:\COM DE V\W P-FILES\MEMO\99CASES\99-03 3 su.doc a FROM : M I CHAELBEAUGH PHONE NO. : 8174315724 Apr. 15 1999 09:S,1AM P2 EitIA4, Lithlake Boulevard Presbyteries Church cam, We're building a Master Planned community... •► /psAl P.O.Box 93164•Southlakc,Texas 76092•Telephone:817/428-2300 • Dr.Michael Beaugh,Organizing Pastor • April 15, 1999 Art Wright City of Southlake Southlake,TX 76092 Dear Art, In response to your request,this letter seeks to add light to the desire of Southlake Boulevard Presbyterian Church to use its facility for a Mother's Day Out Program. Our church is committed to serving the families in Southlake and surrounding communities with quality programs for children and youth_ A program we want to LiPe/ implement in our new building is one that gives mothers(parents)a day out. • We intend to offer this service a maximum of two days a week_The hours of operation w171 be from 9:00 a.m. to 3:00 p.m. Participation will be open to the community with a • maximum of 25 pre-school age children.There will be no food service or food preparation on site. This program will be governed and administered by the Session (Board)of Southlake Boulevard Presbyterian Church. Please let me know if you need other details. Sincerely,. • Michael B.Beaugh • • RECO APR 141999 • • • %-.3 t 9 k N - is an IC' lir!um! 1 . 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IG- 1 1._ e _ _ 7 • City of Southlake, Texas • CONCEPT PLAN REVIEW SUMMARY Case No: ZA 99-033 Review No: Three Date of Review: 05/28/99• Project Name: Concept Plan for CS Zoning for Southlake Boulevard Presbyterian Church, Southridge Lakes Addition,Phase C-1,Lot 3 APPLICANT: ARCHITECT: Southlake Boulevard Presbyterian Church Terry R. Cunningham Architects P.O. Box 93164 1903 Central Drive, Suite 401 Southlake, Texas 76092 Bedford,Texas 76021(817)354-4289 Phone: (817)431-5110 Phone: (817)354-4289 Fax: (817)431-5110 Attn.Rev.Beaugh Fax: (817) 571-0034 Attn T. Cunningham CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/10/99 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 LISA SUDBURY AT(817)481-5581,EXT. 862. General Development Standards Applies Comments Corridor Overlay Regulations Y See Informational Comments for Site Plan Preparation Residential Adjacency Y See Informational Comments for Site Plan Preparation Building Articulation Y See Informational Comments for Site Plan Preparation Masonry Standards Y See Informational Comments for Site Plan Preparation Impervious Coverage Y Complies Bufferyards Y See Comment No.2 and Informational Comments for Site Plan Preparation Interior Landscape Y See Informational Comments for Site Plan Preparation Driveways Y See Comment No. 1 This rezoning and i .' •lan is ccompanied by an SUP request for a Mother's Day Out Program,ZA 99- w_ a 033. t �= ,q _ u Te: 1. Although all driveways accessing the public right-of-way are existing,due to an apparent increase in the daily design hour of 20%or more created by this development,the following changes are needed regarding driveways per the Driveway Ordinance no. 634: a. Connections topublic right-of-way must be in compliance with the minimum acin W 8h Y P � sP g requirements,as follows: Driveway Centerline to Intersecting R.O.W.Line Req'd Existing Deficiency Spacing Spacing East Drive to Southridge Lakes Parkway 500' 498' 2' 1 • City of Southlake,Texas • West Drive to Corporate Drive 500' 185' 315' Driveway CL to Driveway CL Req'd Existing Deficiency Spacing Spacing East Drive to West Drive 500' 467' 33' (P&Z Action 6/3/99:Accept driveways as shown.) b. Connections to public right-of-way must be in compliance with the minimum stacking depths, as follows: Driveway Req'd Existing Deficiency Stacking Stacking West Drive 100' 20' 80' East Drive into Day Care 100'. 40' 60' (P&Z Action 6/3/99:Accept the east driveway as shown, but requiring the applicant to move the • west entry as far north as possible and make it wide enough to meet the Fire Marshal's approval but not allowing any parking spaces to be extended any closer to F.M. 1709 (no further south than what is shown on plans) 2. The following changes are needed regarding landscaping: a. Remove the bufferyard and interior landscape charts from the Concept Plan. Bufferyards and landscaping will be evaluated with individual site plans. Any intended phasing must be approved by P&Z and Council with individual site plans. b. Bufferyards should be placed along the outer perimeter of a lot or boundary line. This plan proposed relocating the east bufferyard to the west side of the existing driveway. (P&Z Action 6/3/99:Allow the east bufferyard as shown.) 3. Correct the following Land Use Designations: Lot 5,Southridge Lakes—L.U.D.=Retail Commercial Lots 13&14,Southridge Lakes—L.U.D.=Office Commercial • '&ZAction: June 3, 1999, Approved(7-0)_subje t to•Concep -` R maryNo:.3, dated May 28, 1999, as noted above and with the following mods cations ` • acknowledging the applicant's agreement to provide a sidewalk along F.M. 1709. * The City Master Trail Plan does not require a trail along Southlake Boulevard,however,it,appears a_ the adjoining properties have provided walks. Contact the Parks Department regarding any potential park fee credits for providing a sidewalk. * Although not required by ordinance, staff would appreciate placing the City case number"ZA99-032" in the lower right corner for ease of reference. 2 City of Southlake,Texas * A letter of permission and/or common access easement must be obtained from the adjacent property owner(s)prior to issuance of a building permit for the construction of the off-site pavement. • * Please note,before a building permit may be issued,a Plat must be processed and filed in the County Plat Records,a Site Plan must be approved by the Planning&Zoning Commission and City Council, and a fully corrected Site Plan must be submitted to the Building Department along with landscape plan, irrigation plan, building plans, and all required fees. Required fees may include but not be limited to the following fees: Park Fee,Impact Fees,Tap Fees, and related Permit Fees. * This review is based on the "CS" Zoning District Regulations. * This site falls within the applicability of the residential adjacency standards as amended by Ordinance 480-CC, Section 43,Part III Residential Adjacency Standards. Although no review of the following issues is provided with this concept plan,the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. 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: • Masonry requirements per§43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. • Roof design standards per§43.13b,Ordinance 480,as amended • Mechanical Equipment Screening per §43.13c,Ordinance 480,as amended. • Vertical and horizontal building articulation(required on all building facades)per§43.13d,Ordinance 480, as amended. • Building setback standards as per§43.13h and as shown in exhibit 43-E,Ordinance 480,as amended. • Spill-over lighting and noise per§43.13i and§43.13j,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. L • Screening as per§39.4,Ordinance 480,as amended. • 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 §43.9C3h and Exhibit 43-D on Page 43-14,Ordinance 480,as amended. • Fire lanes must be approved by the City Fire Department. 3 fi fre.' City of Southlake,Texas • * 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 e,Ordinance 480,as amended. • Masonry requirements per§43.9C l 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 §43.9C3h 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. • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment cc: Reverend Mike Beaugh Terry Cunningham L:\ComDev\WP-FILES\REV\99\99033cp3presbychurch.doc 4 • 10 . .1.- - ' , •- tt 4 • . , . ma-,mmars-mom was arm-m•elor alor Tais;....1 48094 WALL 'MirliiLflOS mi.a! gi.paiminr Esisiri aoartuunoS 9 3r18 • s Lai Nr .S ld NYHONINKa3 'HI ALIzia.i 1 al., ,.,. NI/MU, asa1d .13ATEI 33IVINJ,110', J,d33NO3 III E 1 I Cr) sy) Cr$ ea C' •st I's:ril illi . 21 I I s' lc am i bra ..; li VI I or I t 21 ha I g r • 8 ' ! I :ill il 6. -...--------,__.:* ji :11, a 1 II i I . 11 I! / I ' 1 ., ri , 1 I 8 I I 1: I N •• i a Nam allia••••10•11•14 Of• 1 I I " An Mb 1119 RN J 1 , 1 I / / / to 1 F-r4 __ I ...._,... ,........ 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L 1 d I III I ii ' I 1•tikk. ii I°' rt 1 i i ,r--171,-,17-. ,..,, . - '4 ,I' .1, — I I I . b lb I.• • 1 NI III 1_—iiii --., _1,11., I„ i. , .,. ti . JrilLit ! li b 11111011p fo: ill;1 a I ' L ' L i 1- ifil IIIII lit V- eerie L:;''1110 : fl I 111 igli fill I i lid 11 -lid IT - __— . • rin.lh Resolution No.99-47 Page 1 (re RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT . . : PROGRAM) ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,gTEXAS, BEING LEGALLY DESCRIBED AS A ,MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for child care (Mother's Day Out Program) has been requested by a person or corporation having a proprietary interest in the property zoned as "C-3" General Commercial District; and, WHEREAS, in accordance with the requirements of Section'45.11a0.'. 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. (16., A Specific Use Permit is hereby granted for child care(Mother's Day Out Program)on the property being legally described as Tract 1D5 situated in the A. A. Freeman Survey,Abstract No. L:1COMDEV\WP-FILEs1RES-ORD199-47.DOC 17G-I' 4" • • Resolution No.99-47 Page 2 (are 522,and beingapproximately 5.169 acres,more fully "A", PP y and completely described in Exhibitand as depicted on the approved development plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date,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. SECTION 2. This resolution shall become effective on the date of approval by the City Council. (hme PASSED AND APPROVED THIS DAY OF , 1999. CITY OF SOUTHLAKE By: Rick Stacy,Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: L City Attorney City of Southlake,Texas L:\COMDENAWP-FILESIRES-ORD199-47.DOC 16-I2 Resolution No.99-47 Page 3 Lie EXIIIBIT "A" Description for a tract of land in the A. A. FREEMAN SURVEY,ABSTRACT NUMBER 522, City of Southlake, Tarrant County, Texas, and being that tract of land described in a deed to Grace Presbytery Presbyterian Church(USA), recorded in Volume 11419, Page 225, Deed Records. Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a 5/8"iron pin found with cap marked, "SEMPCO, INC."for the most westerly northwest corner of said Grace Presbyterian Church tract and for the northeast corner of Lot 13, Block 6, SOUTHRIDGE LAKES, Phase C-1, as recorded in Cabinet A, Slide 4596, Plat Records,Tarrant County,Texas, said pin also lying in the south line of Lot 24, Block 3, SOUTHRIDGE LAKES, Phase I, as recorded in Cabinet A, Slide 468, Plat Records,Tarrant County,Texas; THENCE North 89 degrees 28 minutes 14 seconds East a distance of 57.50 feet to a 5/8"iron pin found with cap marked,"SEMPCO, INC."for the southeast corner of Lot 24 and for the most westerly southwest corner of Lot 23, in said Block 3; • THENCE South 40 degrees 46 minutes 42 seconds East at 16.5 feet passing 0.75 of a foot east of a 5/8"iron pin found with cap marked, "SEMPCO, INC.", in all,a total distance of 334.41 feet to a 5/8"iron pin found with cap marked, "SEMPCO, INC."for the most southerly southwest corner of Lot 20, Block 3, SOUTHRIDGE LAKES, Phase II, as recorded in Cabinet A, Slide 467, Plat Records,Tarrant County, Texas,from which a 5/8"iron pin found bears 0.4 of a foot,South 02 degrees 46 minutes West; THENCE North 89 degrees 32 minutes 02 seconds East a distance of 308.09 feet along the south line of said Block 3 to a 5/8"iron pin found with cap marked, "SEMPCO, INC."for the Lie most northerly northeast corner of said of said Grace Presbyterian Church tract, and for the northwest corner of Lot 1, Block 6, SOUTHRIDGE LAKES, Phase C-1, as recorded in Cabinet A, Slide 657, Plat Records,Tarrant County,Texas; THENCE South 00 degree 29 minutes 33 seconds East a distance of 57.02 feet along the west line of said Lot 1 to a 5/8"iron pin found with cap marked,"SEMPCO, INC."for the northeast corner of Lot 2, Block 6, SOUTHRIDGE LAKES, Phase C-1, as recorded in Cabinet A, Slide 657, Plat Records,Tarrant County, Texas; THENCE South 89 degrees 30 minutes 13 seconds West a distance of 126.02 feet to a 5/8" iron pin found with cap marked,"SEMPCO, INC."for the northwest corner of said Lot 2,from which a 5/8"iron pin found with cap marked,"SEMPCO, INC."bears 24.0 feet, South 89 degrees 37 minutes West; THENCE South 00 degree 34 minutes 34 seconds East a distance of 328.16 feet to a 5/8"Iron pin found with cap marked,"SEMPCO, INC."in the north line of Wept Southlake Boulevard • (Farm to Market Highway 1709)for the southeast corner of said Grace Presbyterian Church tract and for the southwest corner of said Lot 2,from which a 1/2"iron pin found for the southeast corner of said Lot 2 bears 125.5 feet, North 89 degrees 19 minutes East; THENCE South 89 degrees 33 mites 05 seconds West a distance of 456.53 feet along the north line of West Southlake Boulevard to a 1/2"iron pin found with cap marked,"AREA SURVEYING"for the southwest corner of said Grace Presbyterian Church tract and for the southeast corner of Lot 5, Block 6, SOUTHRIDGE LAKES, Phase C, as recorded in Cabinet A,Slide 2199, Plat Records,Tarrant County,Texas; THENCE North 00 degree 28 minutes 11 seconds West at 175.0 feet passing a 1/2"iron pin found with cap marked,"AREA SURVEYING"for the northeast corner of said Lot 5 and for the southeast corner of Lot 14, Block 6, SOUTHRIDGE LAKES, Phase C-1, as recorded in Cabinet A,Slide 4596,Plat Retrds,Tarrant County,Texas, in all,a total distance of 640.04 feet to the POINT OF BEGINNING,said described tract containing 5.169 acres of land. 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Bp III imil It !pi iiitill , 1 - Er LACOMDEWAT-FILESMES-ORIA99-47.DOC ia.w City of Southlake, Texas STAFF REPORT June 11, 1999 CASE NO: ZA 99-035 PROJECT: Revised Site Plan -Holt Dental Care STAFF CONTACT: Dennis Killough, Senior Planner,481-5581, ext. 787 REQUESTED ACTION: Revised Site Plan for Holt Dental Care on property legally described as Lot 1, Block 3,Diamond Circle Estates, an addition to the City of Southlake, Tarrant County,Texas, according to the plat recorded in Volume 388-177,Page 7,Plat Records, Tarrant County, Texas,and being approximately 1.073 acres. PURPOSE: To acquire a building permit for 1,424 s.f. building add-on. LOCATION: 600 E. Southlake Boulevard,being on the north side of East Southlake Boulevard (F.M. 1709) approximately 325' west of Diamond Boulevard. OWNER: Holt Dental Care APPLICANT: Blake Architects CURRENT ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Office Commercial NO. NOTICES SENT: Nine (9) RESPONSES: Three (3)responses were received from within the 200' notification area: • Bob Stevenson, 2113 Taxco Drive, Southlake, TX, in favor,"It is a reasonable addition to the building. I would request that the common Access Easement shown be required — it adjoins my property and could prevent driveway problems in the future." (Received May 27, 1999.) • Richard O'Day, 921 Emerald Boulevard, Southlake, TX undecided about, "I do not like the location of the parking. Parking should be moved to the west edge of the property and away from the Tinkam property. A privacy fence of brick 6 to 8 ft tall should be constructed." (Received June 2, 1999.) L City of Southlake,Texas L • Don Tinkham, 917 Emerald Boulevard, Southlake, TX in favor, "Only if some consideration can be given to the existing wood fence that divides the property directly behind. i.e.: replacement w/brick." (Received June 3, 1999.) P&Z ACTION: June 3, 1999; Approved (7-0) subject to Revised Site Plan Review Summary No. 3,dated May 28, 1999,deleting Item#1 (articulation), #3.a(driveway spacing), and#3.b (driveway throat depth). STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated May 28, 1999. L:\COMDEVIWP-FILEMMEMO\99CASES\99-025ZS.WPD L eik i ) a® sin--lima TJIC �0 ` We r / ��g\�� i ra+czu a e a+o a r 4 �s a,t r �� J a 3rre a 8�\G cis tc ,k\\I la AC !! it — 11:3: ra TR .14i, Ilig--' g a i a a eA a WE F n• C`�' Or � SO � � a u `a� I n r •se 9/4 X • s v c�c`�9\ S \\ II t R-' aT k 2 SC �_ MI-INI G >6 me Fr 3 i ,_ n W !1 C N� 1e64 �AC i L 4iiiiii "P” te) 34. 1 1 � ��4 oo AC (:, RI�-1 k sa� a ^0'�� = I - 1114rsttidf sz,hei'k%. miligii-20.0.1. •,,,, iri .:J a u•A t::; . 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'\'Ir. :'/'�Q`,,♦ .5.. 4C91AC 1TR36 _s �►`� a VA ► y�•W —� i:' TRACT MAP WE AC I 149 k a SB e0 AC /H'-,3 `� ilia 4 WE alai �/ a ea 4o x a m . 11 lali -in �'Mil.i �`p„��-0/1/1A .1111r1111 .,9r I(au I IOW 1111.1' «r .- rA a , , ' � . �11��4R �! r 1 I\ l I I f I 1 .I .e.., 1)1AMUPIIJ DLeY to 3 4 8 7 STA S TE 5 6 7 — RCL � : I - 9 s CI 9 15R ` 8 14 13 12 11 10 EMERALD BLVD Cp 9 z 14A 0 J. 1 D.TINKHAM MELUNOER R.O'DAY A 10 R.STEVENSON 14B "SF-1 A" 1 11 .— 1 "AG" N. HA! SOUTHERN 8 7 13A SURVA HOME 2 REALTY DIAMOND 12R1 6` D12R2 _ _ _ A INC. LTD. 128 = — -- - J. STEVENSON .409 AC 1 / ; _ c —i " - _ , 3 — r 10 g STATE OF TEXAS r I O A-2040 STATE OF TEXAS BLVD - - - - - - - - - _ - _ -- -_ UT SOHLAKE J. RICHARDS J. RICHARDS TR 5D5 1 1.945 0 1A2A1 I "AG" "R—PUD" .66 AC111Z0 W I 110 40 112 A D L I D1L6 x P Cm g A216( I• I .8130 ,x TR 5E TR 5018 TR 5028 SO) TR 5.916 AC g TR 506 5.351 0 TR 503 , ADJACENT OWNERS (410, 1.68 AC I AND ZONING 2 l 1N.y / . K2.. y j �2,r� • 4.c...r►\« ,.',r4dd'• .cJ"AtifaC2.0i�ri6RE.. :.;.e • vidllRi.,i'• •� y '' ri/:•,nrplMl !'i/i3F1 . p.R 67K..11f7Ayy.1l4lf1oi •1i7t .M":.. e -:. "wuj.-n/.' • 4 ! `6- 4 4.,s•mx,•41 le% -21m7 I-IWJ-13C 1104• -* ~. 1 ( it :/drat 11. ...11..1 n" ' i:I Z ot o ! L—21cL * LI_J tiiiii .. f • t j l �1 2 it z �\. ..1 1 1 • +EI ,+3 WI. inn � . �� jI ' /• i N1 z d►r A rPo ` n p • ) I - 0 ____,./..> /7 • '' n.,90P. :7 !--2: fi••• l- II: ' it / P , n rAl J oldl I .4, a. t —0 A e .-i..., LL . f' i ( +Jt r a � a _O . . -•Q J 1 -- Y+ , i�i 04ns4n'ft 4 I 'i••�� . I • .j•a 0 0 r 0i • 4: l 1r L j" dtc c, Q 1 _3f•L�nl�11NL_ : CL --j_a _ 1'I• -A - ''' r p .t— n.r'mil Or w n `I I a 1 W N r. �,xs � r+ti'r9 v �n� �NJr1Y Is-I.1 :..j`-C. aytn��_7' • /1'� ' !'Y + 0. i o N t • 1= el Q ----,..,r- -1- .:: --) \ 1 A r i. cn ft•I ; '- _ v I ji WCC Illa 11111 MN CIIIII7: Ii LJ± .T1. o :',- 13 • • li • ? 1-1-C. • 06/03/1999 17:?E• 3/72513205 BLAKE ARCHITECTS PAGE 01 ' : Blake Architects . immamimmomirmum 1202 South White Chapel Road•Suite A Southlake,Texas•78092.517-488-9397 lune 3, 1999 Planning and Zoning City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Ref Case No. 99-035,Revised Site Plan,Holt Dental Care The following is in response to letter from City dated May 28, 1999 Item No. 1: The addition to the Building is very close to meeting the requirements of the Articulation Ordinance. The Addition is to the side and rear of the existing Building and matches the existing character of the facility for an attractive (kr, Colonial Style building We therefore request a variance on this item. Item No. 2: According to Survey information the existing fence is right on the property line or slightly to our side of the property. The Owner will establish a letter of agreement with the adjacent property owners stating that the Owner's (Holt Dental Care)will take responsibility for maintenance of this fence. Item No. 3a: The 20%increase in auto traffic on the existing drive is still very minimal considering we are only talking about a 35 car parking lot. The drive location relationship cannot be changed in relationship to the other drives. The property to the west has a residential drive that will probably change in the near future with the development of that property. (Variance requested). 3b: The throat depth would be impossible to change due to the location of the existing Holt Dental Care Building and the adjacent R Max building's existing parking lot tie-in. (Variance requested). 3c: The common access easement is agreed to by the Owner and will be properly executed and filed as requested. Item No. 4- The 20'slope easement is existing on the west property according to the Surveyor and will be labeled and added to our drawings. L Member American institute of Architects RED '�J N 0 1999 1 -(e City of Southlake,Texas ` SITE PLAN REVIEW SUMMARY Case No.: ZA 99-035 Review No: Three Date of Review: 05/28/99* Project Name: Revised Site Plan-Holt Dental Care,being Lot 1.Block 3 Diamond Circle Estates APPLICANT: ARCHITECT: Holt Dental Care Blake Architects 600 E. Southlake Blvd. 1202 S. White Chapel Road. STE A Southlake. TX 76092 Southlake.TX 76092 Phone : (817)488-1953 Phone : (817)488-9397 Fax : (817)488-9397 Attn: James Holt Fax : (817)251-3205 Attn: Skip Blake CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/10/99 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 EDWARD MCROY AT(817)481-5581,EXT.880. General Development Standards Applies Comments Corridor Overlay Regulations Y See Comment No. 1. Residential Adjacency Y See Comments No. 1 &2 Building Articulation Y See Comment No. 1. Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y See Comments No. 3a.& 3b. e • * Staff review of this revised site plan is limited to the new construction proposed and to the impacts on the site as a result of this new construction. 1. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c. on all facades. Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. Please note that due to the location of the new addition,the requirements apply to only the north and east building facades. The remaining building is as previously approved. (P&Z Action 06/03/99 Delete) 2. Confirm if the brick and wood fence, indicated along the north property line, is within this site or the adjacent residential property. It is the non-residential property which is required to provide the 8'high screening device. If the fence in question is within the residential property and if relief is granted allowing this fence to satisfy the screening requirements, an agreement with the applicable residential property owner or Home Owners Association must be established for the future maintenance of this fence. 1 N'1 City of Southlake,Texas 3. Although the existing driveway was previously approved as shown,the following changes are needed due to an increased parking lot impact of 20%or more on the existing drive according to the Driveway Ordinance No. 634: a. A minimum spacing of 500' is required between full access drives along F.M. 1709. The existing drive is approximately 130'from the full access drive within the adjacent property to the west and approximately 277'from the full access drive within the adjacent property to the east. (P&Z Action 06/03/99 Delete) b. Provide a minimum driveway throat depth of 75'for stacking. The existing drive along F.M. 1709 provides approximately 41 feet of stacking. (P&Z Action 06/03/99 Delete) x; C. The common access easement shown must be executed and filed of record prior to issuance of a building permit. 4. If applicable, show and label the 20'slope easement shown along F.M. 1709 extending into the adjacent properties to the east and west of this site. * Where parking is provided between the building setback line and public R.O.W., shrubs obtaining a mature height of three feet(3')or greater must be planted at a minimum spacing of thirty inches (30")on center continuous along all paved edges of the parking or drive areas. This may require additional shrubs over and above those required within the adjacent bufferyard. * Please be aware that the Landscape Ordinance No. 544 is currently under revision which may affect certain landscape requirements at the time of building permit." * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 70% for the"C-2" Zoning District. The impervious coverage area percentage of this is approximately 55%. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * Protected trees cannot be removed outside of 6' from the proposed building without processing a Tree Removal Permit or without approval by the Planning and Zoning Commission. Cuts or fills within the limits of the critical root zone of protected trees are not permitted unless adequate construction methods are approved by the Landscape Administrator. * A permit from TxDOT must be obtained prior to modifying any curb cut along F.M. 1709. * Denotes Informational Comment att: Bufferyard Calculation Chart, Interior Landscape Summary Chart,Articulation Evaluation Chart C.,cc: Holt Dental Care: VIA FAX ABOVE Blake Architects: VIA FAX ABOVE L:\COMDtV\W P-FILES\REV\99\99035SP3.WPD 1N8 A e eat` Lion No. j 9fty of kink,Roma Case No. ZA 99-034Date of Evaluation: 05/28/99 Nations for Holt Dental Care eived: 05/10/99 Rear-facing: North Wall ht. = 18 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 54 63 17% No 54 31 -43% Yes Min. artic. offset 3 6 100% Yes 3 5 67% Yes Min. artic. length 16 30 88% Yes 8 5 -38% No Right-facing: East Wall ht. = 18 Horizontal articulation :: Vertical articulation 1 Required .`Provided #Delta Okay? 'Required Provided _Delta Okay? Max. wall length 54 53 53 Yes 54 41 -24% Yes Min. artic. offset 3 21 21 Yes 3 6 100% Yes Min. artic. length 13 8 8 No 8 8 0% Yes 11.11 City of Southlake,Texas SUMMARY CHART-BUFFERYARDS Holt Dental Care Bufferyard Canopy Accent Shrubs Fence/Screening Length Width - Type Trees' Trees Height&Material North Required° 160' 10'-F-1 5 10 13 F-1 Fence with 8'Screening . 8'Brick&Wood Fence East Required 252" 5'-A 3 5 20 None None South Required 134" 20'-O 5 4 19 None None • West Required 276 10'-B 6 8 28 None 8'Brick and Wood *Note any credits used in calculations or requested variances: a. Excludes driveway curb cut width. Other Comments: 1. A minimum of 50%of all canopy trees planted on the site must be 2"in caliper and 50%must be 4"in caliper. This includes plantings in bufferyards as well as interior to the site. SUMMARY CHART-INTERIOR LANDSCAPE Required or Landscape Area %of area in Canopy Trees Accent Trees Shrubs Ground Cover Provided (Sq.ft.) front or side (Sq.Ft.) Required* 2,264' 75% 4 8 38 226 Provided 4,865 Z75% 4 8 38 226 *Note any credits used in calculations or variances requested: a. A 10%reduction in required interior landscaping area has been credited with the applicants agreement to landscape the adjacent R.O.W. ' Other Comments: .111-10 N s _ City of Southiake,Texas • rase No. 99-035 Review No. Two Resubmittal Dated: 5—6-99 Number of Pages: 1 • Project Name: Holt Dental Care(Site Plan) Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 04 - 26 - 99 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. LANDSCAPE COMMENTS: * All bufferyards are labeled correctly. * Since the applicant is increasing the floor area of the building by 30% he is required to provide interior landscaping as well as bufferyard landscaping. The interior landscape requirements only pertain to the square footage of the new construction. • The applicant is proposing to provide the required plant material to bring the development into compliance with the Landscape and Bufferyard Ordinances. TREE PRESERVATION COMMENTS: • There are no existing protected trees on the site. 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D :7.. ,. . ...,..,. 7..6:-: : '11.t.�ly c City of Southlake,Texas MEMORANDUM Low" June 11, 1999 TO: Billy Campbell, City Manager FROM: Shawn Poe, Capital Projects Engineer SUBJECT: Cross Timber Hills Neighborhood Sewer Project Action Requested: City Council discussion of Cross Timber Hills utility easement acquisitions and status of the sewer project. Background Information: At the June 1, 1999 City Council meeting, Council requested staff to update them on the status of the easement acquisition. An update will be provided in the City Council packets until every easement is obtained. There are 25 of the 54 required easements obtained. Attached is a spreadsheet showing the property owner name, address, and status of each easement. Every week, each resident that has not executed the easement (17 document is telephoned at home as a friendly reminder to complete the easement document and return the document to the City. The column titled "Contact" documents the days that the City has contacted the corresponding property owner. John Rafa, Craig Martin, and Barbara Atkins, who are members of the Cross Timber Hills Homeowner's Association (HOA), are aiding the City by also contacting the residents who have not completed the easement documents. The HOA is informing the residents that a notary public (Barbara Atkins) is available in the Cross Timber Hills subdivision for the residents' convenience. The column titled "Date to SLG" refers to the date the completed easement was sent to the City Secretary for the Mayor's signature. Therefore, those easements have been obtained. Also attached is a map of the subdivision showing the properties that have completed the easements and properties that are outstanding. Financial Considerations: In order to minimize any confusion regarding compensation for the easement, staff mailed a letter to the outstanding residents in Cross Timber Hills stating that the $1300 participation fee would be waived. As stated in previous updates, the City has obtained requests from three property owners who have requested compensation in addition to the $1300 cao, participation fee waiver. i 11B-1 City of Southlake, Texas During the design process and easement acquisition process, several revisions have been made to the construction plans. These revisions include additional boring under trees, additional pipe and manholes related to alignment changes, drainage improvements in areas that are currently eroding near the creek, and re-engineering of the revisions. The result of the revisions will be an increased cost of the project. The original cost estimate that included the engineering and construction costs was $1,000,000, which was initially approved in the FY 1997-1998 CIP budget. During the FY 1998-1999 budget process, it was evident that there would be additional costs incurred to the initial cost estimate because of boring under trees. At that time, the consultant was further along with the design of the project. Therefore, the revised cost estimate was determined to be $1,700,000. This amount was approved in the FY 1998- 1999 CIP budget. Now that staff has revised the construction plans several times during the easement acquisition process, staff anticipates that the cost of the project will increase once more. Staff is in the process of estimating the project cost, including construction and engineering. The additional cost will be _ I discussed during the June Retreat as part of the CIP budget discussions. Citizen Input / Board Review: Not applicable Le Legal Review: Alternatives: Not applicable Supporting Documents: Cross Timber Hills Easements spreadsheet Cross Timber Hills Easement Map Staff Recommendation: Staff recommends Council discuss the progress of the Cross Timber Hills neighborhood sewer project during the June 15, 1999 Regular City Council Meeting. SEP/sep Approved for Submittal to City Council: City anager's Office 11B-2 o Lel c; '4 i :a. 0 1 ' !o �� N m 'N oN I mI�A j�!N�'7 o v li. LL D , 3 N „ .., 6 N , • :___ AOr- o n o H 3 N N N: N N N 0, N d I. in. a 6.LL 4 LL LL LL LL LL LL LL LL LL LL ILL LL LL tl LL LL n vin o 'U �°! � n �° n ¢ R$ o a�i ! co en i i n, TI i '' .o ... '> .lil!2im,..M a, I 3 3 3' 3 3 3 3 3 3 a 3 3 3.3 3 z'3,3!3 3 3 3 , Z o on cm 2 ✓ cca on a 1. O O M 0, N t3 113 N W .� ,p0 ,vD 3 O cO 1 0 ,O L N 13 l 1 G W d O) W W N ''.N °' Or' 0 cn 0, Cr, 0 0Oi �' T m Oi CI Cll d �!�! 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Ili 1 .• l'.. .,, • ... .;.., ';' . . , . . .-47r4 1,1. •:•..... . :27 17 .....:": • 4q,,,,q O''1 `r., ,.froskia• : YM.040.„'', .. A. 0, • so . ,,o,,.,v ,, , - ^ION ' Ve4 IIE 611111111! 1 , ........... ...0* ,,,,,.,4;v.0c, ,..1 .. .• evi , wifti ,,.,JI Legend .a. 178 ...IA. ( i i i Easement Not Required illiell7.7.1111. . , , tt4 14 6it',Vic Easement N 4 Required, but . ,.,., „...- ..,. Not Obtained ig ,•• .,,,,..- - Easement Obtained -r , ,...... .....,,. ,-, 1/4- (TYla c lielil• , .. ,,. ;Is 4: my Number of Easements Required = 54 , 4P, Easements Currently Obtained = 26 Nitt. Last Revision - 6/11/99 1 N N w , 1 1 City of Southlake No Scale Geographic Information Systems