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1996-09-17 CC Packet
City of Southlake, Texas September 13, 1996 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 - The financial reports are included in your packet. Please call me or Lou. Ann Heath, Finance Director, if you have any questions. Discussion by the Texas Transportation Commission on SH 114 improvements is scheduled for September 26 in Austin. I will not be returning from Japan until that day. Public Works Director Bob Whitehead plans to attend the meeting in my place. continuation of the release of easement previously approved by City Council. Recall that the former Truelove property, now the Southlake Oaks development at the northeast corner of FM 1709 and Shady Oaks was in two (2) separate platted lots. We have a portion of the temporary easement still remaining which no longer is needed. As pointed out in the memo from Bob Whitehead, Director of Public Works, staff recommends that the release be approved by City Council. �� ._ _ u •01WRANAMIM1119 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 2 4. Agenda Item No 5C Resolution No 96-59 appointment to SPIN Neighborhood #10 and 114. This is a standard SPIN appointment resolution. Please refer to the memorandum prepared by Shana Yelverton, Assistant City Manager, for details. 5. Agenda Item No 5D Request for proposals for bank depositoryagreement. The City's bank depository agreement ends September 30. As pointed out in the memo from Lou Ann Heath, Director of Finance, there are now five (5) banks in Southlake. The current depository agreement is included in your packet. If there are any additional items or issues that you would like to see addressed, please let us know and we will add them to the RFP. Otherwise, the basic request will include those items in the current agreement minus the fee schedule, which will be required to be submitted by each responding bank. Previously, the City has not considered an agreement with an institution outside of the City due to the question of accessability. If City Council desires to change this, the City must first adopt a policy permitting such consideration as outlined in Section 105.011 of the Local Government Code, attached to Lou Ann's memo in your packet. Please call me or Lou Ann if you have any questions prior to the meeting. 6. Agenda Item No 5E Resolution No 96-60 Authorizing acceptance of grant from Texas Forest Service for a Street Tree Program The item before you, as described in Park Director Kim Lenoir's memo, is a resolution accepting a "1996 Public Outreach" matching grant award in the amount of $10,000 from the Texas Forest Service. The matching funds are available from 1995-96 budgeted monies for the Parks and Recreation Department's tree sharing program. Keep Southlake Beautiful, who assisted in the tree sharing program, will be asked for their help in this project as well. As a side note, some of you have asked if the trees were planted along arterial streets or on subdivision streets. The program was begun in the 1994-95 budget year ($1, 800) and was again funded in the current budget year ($3,000). The program was open to any Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 3 resident who wanted to share in the cost of the tree. The trees were planted in existing rights -of -ways or a landscape easement was obtained from the homeowner. There was no restriction to landscape easements being only along arterial roads. The subdivision ordinance has language allowing landscape easements along SH 114, FM 1709, FM 1938, and arterial roads within the City. It does not say that these are the only places a landscape easement may be obtained. At the time the tree sharing program was begun, the consensus of City Council was to allow anyone to participate. Five thousand dollars has been budgeted for the 1996-97 fiscal year. As noted in the attached memo from Kim Lenoir to Keep Southlake Beautiful, there are options which can be considered restricting participation to only residents on arterial streets. 7. ALyenda Item No. 6. Public Forum - Keep Southlake Beautiful may make an appearance at Public Forum in order to publicly thank the City Council and Public Works Department for the support given KSB during their "large -item" pick-up, held in conjunction with the annual "Great Texas Trash -Off" in April of this year. You may recall that KSB contracted for some large dumpsters for people to bring their bulky trash items. One dumpster was located at Bob Jones Park and the other was located behind the old Food Lion. Both filled up quickly and Laidlaw could not respond that day with replacement dumpsters. The Public Works Department personnel supporting KSB with the litter pick- up worked all day to remove as much of the debris left on the ground as possible. The City paid the workers' overtime, as well as the additional cost for more dumpsters from Laidlaw. KSB wrote the City a letter earlier this year thanking us, but they also wanted to take the opportunity to thank you personally. 8. Agenda Item No 7A 2nd Reading Ordinance No 480 208 ZA 96-85 Rezoning and oncept Plan for Stone Bridge Park Current zoning is AG with a requested zoning of C- 3. There have been no changes since City Council approval of the first reading 6-1. The applicants have submitted a revised concept plan and there is an accompanying review Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 4 number three. Any motion should address the comments remaining in the review letter. If you have any questions regarding this item, feel free to contact Greg Last at ext. 750 or Dennis Killough at ext 787. 9. Agenda Item No. 7B 2nd Reading Ordinance No 480-215 ZA 96-104 Rezoning 1.57 acres located on N. White Chapel Blvd north of Bob Jones Road Current zoning is AG with a requested zoning of SF-lA There have been no changes since Council approval of the first reading 7-0. 10. Agenda Item No 7C 2nd Reading Ordinance No 480-216 ZA 96 104 Rezoning 10.5 acres located on the northwest corner of Bob Jones Road and N. White Chapel Blvd Current zoning is AG with a requested zoning of RE. There have been no changes since Council approval of the first reading 7-0. 11. Agenda Item No 7D Resolution No 96-58 ZA 96-108 roger Specific Use Permit for the sale of packaged beer for off -premise consumption There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval 7-0. 12. Agenda Item No 7E Resolution No 96-51 ZA 96-71 Specific Use Permit for outside storage for Great Outdoor Landscape located in the Hart Industrial Park The applicant has requested that this item be tabled until November 5, 1996. 13. Agenda Item No. 8A. 1st Reading Ordinance No 480-207 ZA 96-81 Rezoning and Concept Plan for Southlake Woods on W. Continental Blvd There were several modifications to this submittal during the review by the P&Z. The areas included in the Airpark Estates subdivision (zoned SF1) have been revised to propose only lots of 1 acre or larger. FYI, a point of clarification: a concept plan is not required for the portion included in the SF1 existingzoning. The are, however, showing those lots on their g Y g concept plan and some of staff s comments are related to minor issues involving the SR Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 (awl Page 5 portion. The Planning and Zoning Commission recommended approval 7-0 with modifications as noted in the Staff Report. Some of the surrounding owners have withdrawn their opposition so there is no longer opposition greater than 20% 'approx. 14%) so a supermajority is not required for Council approval. Feel free to contact Greg Last, Karen Gandy or Dennis Killough if you have questions regarding this request. Also FYI, several of you have inquired of staff about whether or not we should be requiring something or otherwise reviewing the environmental clearances on this property since it has had the airport uses. Several points to consider are: home rule cities have fairly broad powers to pass ordinances relating to general health, safety, and welfare; - we currently have no ordinances pertaining to this type of environmental (W regulation, thus we have nothing to enforce; currently, this issue is between the purchaser and seller; if we attempt to "enforce" something without the proper regulatory control, the issue of improper contract infringement could be raised; there is a question as to what our liability might be if we purport to regulate this issue and it turns out later that a problem exists. Given these points and others, please get the advice of our attorney in executive session before bringing this up in work session or the regular open meeting. 14. Agenda Item No 8B ZA 96-80 Preliminary Plat for Southlake Woods. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval 7-0 subject to the review letter and some modifications. 15. Agenda Item No 8C 1st Reading Ordinance No 480-199 ZA 96-53. Rezoning and Concot Plan for Cotton Patch Cafe. The applicant is requesting that this item be tabled Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 (awl Page 6 until 10/1/96 because he has been unable to schedule a neighborhood meeting due to an illness in the family of the SPIN Representative. Also, this item would require a supermajority vote, and Councilmember Fawks will be out of town. 16. Agenda Item No. 8D. 1st Reading Ordinance No 480-217 ZA 96-109 Rezoning and Concept Plan for Mesco Addition. This request has been revised to an SP-2 with C-2 uses for all lots, but uses have been excluded from the proposed lot 4 as noted in the Staff Report. The Planning and Zoning Commission recommended approval 4-3 for this item after extensive deliberation. The motion for approval included several modifications as noted in the Staff Report. Some of the dissenting Commissioners expressed their opinion that the proposal was too intensive and that one lot should be dropped from the proposal. There is an unresolved issue on this request: item number 3-C on the Review Summary required submittal of a Traffic Impact Analysis (TIA). P&Z recommended deferral of that submittal until the site plan stage. It is staff's opinion that submittal at site plan would be somewhat late in the process, that if we are going to require a TIA, it would serve a better purpose at this (concept plan) stage because this is the stage at which we are determining drive locations and geometry. To complicate matters, however, it should be noted that the regulatory control (section 3.4 of our Driveway Ordinance) just barely applied as originally submitted. There is some question as to whether or not it still applies given the changes made by the applicant. We have not yet had time to make the determination but should have this resolved by Tuesday night. If you have any questions regarding this development, feel free to contact Greg Last or Dennis Killough. 17. Agenda Item No. 8E, ZA 96-61. Preliminary Plat for MESCO. There are no unresolved issues regarding this request. The Planning and Zoning recommended approval 5-0 subject to the staff review summary. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 7 18. Agenda Item No 8F MESCO Addition Lot 1. Block 1. Encroachment Agreement. This agreement is requested by Rick Wilhelm on behalf of John Eubanks regarding the existing office building along Kimball north of the entry to the Mesco building. At issue is parking. They want assurance that they can continue to use their parking in front of the building until such time as the City widens and improves Kimball. Wayne Olson, City Attorney, has been working with Rick Wilhelm and Greg Last on this agreement and Wayne is comfortable with the issue. Feel free to contact me or Greg if you have any questions. 19. Agenda Item No 9A and 9B Appointments to Park and Recreation Board and Southlake Park Development Coloration (SPDC). This item has been placed on the agenda at the request of Mayor Stacy. As you know, questions have been raised regarding Rod Johnson's residency status. Mr. Johnson currently serves as the Chair of the Park Board and as one of the citizen representatives on the SPDC. This issue is an important one, particularly as it pertains to the SPDC. You may know that the state statute providing for the half -cent sales tax for park purposes describes the qualifications of board members, and clearly states that the board member must be a resident of the city. Likewise, the ordinance creating the Park Board states that the members must be "citizens," that is, residents. Since this issue has been raised, you should how to deal with it. I do not know if Mr. Johnson is still a resident of Southlake. If Mr. Johnson is no longer a resident of the city, then we are clearly violating the state statute by having him on the SPDC. Although the impact of this is a gray area, City Council should consider it carefully since a violation could invite a legal challenge which would require his removal. Potentially, his involvement on the SPDC Board could cause problems if someone chose ,,. to take exception with an SPDC decision or action. The questions regarding residency Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 8 pose a dilemma, particularly since we are in the midst of park controversies, and Council should give careful consideration to the action needed on this issue. The Park Board is another matter. Although the ordinance is also clear on the issue, the advisory nature of the Park Board means that it is not as critical as the SPDC issue and some allowances could be made for those who are actually in transition regarding residency, i.e., building a new residence but temporarily residing outside the city while their new house is being constructed. Ideally, we would provide some flexibility for transition periods for Park Board members. 20. Agenda Item No 10A Developer Agreement for Timarron Village I Phase I As is our practice, the specific additions to the standard agreement have been indicated by use of highlight. The key points are in the memo from City Engineer Ron Harper. Please call Ron, Bob Whitehead, or me if you have any questions. 21. Agenda Item No 10B Developer Agreement for Myers Meadows. Phase III. The specific additions are indicated by highlights. The three key issues (sewer impact fees, park fees, roadway impact fees) have been outlined in the memo from Ron Harper. There are a couple of minor changes that need to be made .prior to your consideration that were not caught until late this afternoon. We will have a replacement agreement to give you during work session which will incorporate the changes. 22. Agenda Item No 10C Contract for Employee Insurance. The memo from Lauren Safranek, Human Resources Administrator, highlights the issues to be addressed with the award of a contract for employee insurance services. I have asked Mayor Stacy and Councilmembers Evans and Martin to serve on a committee with Lauren, Finance Director Lou Ann Heath, Assistant City Manager Shana Yelverton, and me to develop a Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 9 recommendation for City Council consideration. We will meet Monday afternoon prior to the SPDC meeting. Please call any of us on Tuesday if you have any questions prior to the meeting. 23. Agenda Item No. 10D. Bid award on sale or exchange of City property. This item pertains to the 1.22 acres we purchased from Lyford and the property between Bicentennial Park and the Crossroads Square Shopping Center. As directed by City Council, we advertised the properties as required by Section 272.001 of the Texas Local Government Code. (A copy of the notice is attached FYI.) The LGC requires that "...before land owned by a political subdivision... may be sold or exchanged for other land ... notice must be published on two separate dates and the sale or exchange may not be made until after the 14th day after the date of the second publication." The notice was published on Friday, August 30 and Sunday September 1, 1996. We have met the only requirement, and City Council may act on the sale or exchange after September 15. The only bid we received was from Park Realty Group for the 1.22 acre tract off East Southlake Blvd., the Lyford tract. The bid was for $20,000. The tract was appraised by the MAI appraiser hired by the City at $32,000. It is staffs recommendation that the City reject this bid since it is less than the appraised fair market value. (FYI, concerning this tract, staff s research indicates that a 53 foot tower could be sustained at this site for communication, etc. The ground elevation is 675' msl and the maximum object elevation is 728' msl. There could be other uses for the property worth more than the amount bid by Park Realty.) We did not receive a bid from PIMA for the property next to the park, but one was not required in order to work out an agreement with the development. All that is required is Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 10 that we notice the public as mentioned above. We can now negotiate what is in the City's best interest. McMahan's attorney is preparing a contract, and we anticipate having something for you to consider Tuesday night. Please call me if you have any questions. 24. Agenda Item No. 11A. Policy for City Council reimbursement of expenditures is on the agenda at the request of the Mayor. City Secretary Sandy LeGrand is obtaining policies from other cities. We hope to have copies ready for dissemination Tuesday night. 25. Agenda Item No. 11B. Free Trade Zone. This item is on the agenda so that we can discuss this issue with City Council. The letter we received (copy attached) from the Trammel Crow Company points out the need to discuss these types of exemptions. I am not sure who Trammell Crow contacted, but they did not contact TAD or us; we adopted the "goods in transit" exemption (Freeport Amendment) several years ago, as indicated on the attached excerpt from an economic development information booklet prepared by Economic Development Coordinator Kate Barlow. The one remaining exemption which would most benefit Southlake is what is known in the vernacular as the free trade zone, properly called the Foreign Trade Zone, which could be adopted under an agreement with D/FW International Airport. This is what we will try to cover on Tuesday night. OTHER ITEMS OF INTEREST 26. Bob Jones Park Issues. Continued - Plans are underway to organize the two SPIN meetings scheduled to present the conceptual plans to the public. Given that the "responsibility" for initially developing and approving these plans lies with Parks & Rec staff and the Board, SPIN is coordinating planning efforts with them. The meetings are scheduled for: (4w, Sept. 24 7:00 p.m. Community Center (overflow site -Carroll High) October 2 7:30 p.m. Council Chamber (overflow site -Johnson Elementary) A Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 11 We anticipate a large presence from SPIN Neighborhood #1. I am sure you are aware of the concerns that they have, and their frustration with the process. This frustration may translate into lively meetings. It is my under3tanding that the group would like to use the SPIN meetings as a forum to present their alternative plan to the public at large. It is my hope that the following matrix of Park and Recreation Board meetings will provide you with insight into the efforts which have been made to educate the public on the plans. (Note that this matrix does not include meetings held at private homes, which were attended by various Park Board, P&Z, and Council members.) Reviewing the matrix really points out the efforts the Park Board has made to accomodate all interests in the ocmmunity. Date Topic Attendance Publicity 1/8/96 Special Interest Group "Needs" Discussion with 10 Posted Agenda, personal Youth Associations phone calls, cable channel, Southlake In Review 1/25/96 Master Planning Focus Groups 25 SPIN/Park Board, Southlake In Review, 1/29/96 Master Planning Focus Groups 25 SPIN/Park Board, Southlake In Review, 2/12/96 Park Board Discussion of Focus Group Results 2 Posted Agenda, cable channel 2/29/96 Park Board meeting to discuss master plan 5 Posted Agenda, cable priorities channel 3/11/96 Park Board meeting to discuss increasing open 2 Posted Agenda, cable space requirements; decided on need for channel telephone survey. 4/8/96 Park Board meeting to discuss goals and 2 Posted Agenda, cable objectives of master plans. channel 4/ 12/96 Park Board meeting to discuss goals and 2 Posted Agenda, cable objectives of master plans. channel 5/13/96 Park Board meeting to develop master plan 2 Posted Agenda, cable designs - #1 channel x Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 12 5/15/96 Town Meeting to display designs 75 Posted Agenda, Southlake In Review - Special Newsletter, cable channel, Southlake News & Times article, Grapevine Sun article 5/28/96 Park Board Work session - Plan #2 5 Posted Agenda, cable channel, newspaper articles, Grapevine Sun article 6/6/96 Park Board Public Hearing - Revision #2 40 Posted Agenda, cable Reviewed channel, FWST article, Grapevine Sun article, City Manager's Report 7/8/96 Park Board Meeting to Review Revision #3 - 40 Posted Agenda, cable SPIN #1 presented alternate plan channel, "Green Card," City Manager's Report 7/15/96 Park Board Meeting to hear telephone survey 20 Posted Agenda, cable results, reviewed SPIN #1 alternate plan, channel, "Green Card," worked on Revision #4 8/12/96 Public Comment on Plans - Love Henry Court 25 Posted Agenda, cable neighborhood satisfied, approved plan for channel, Southlake In Bicentennial Park Review, "Green Card," City Manager's Report 8/22/96 Park Board meeting to prepare revision #5 to 25 Posted Agenda, cable Bob Jones Park plan channel, "Green Card," City Manager's Report 9/9/96 Public Comments on Bob Jones Park 25 Posted Agenda, cable channel, Southlake In Review Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 13 27. Park Board Budget Input. It has come to my attention that questions have arisen regarding the role of the Park Board in preparing the budget for the Park Department. I offer the following comments to the question: 1) The Park Board has traditionally had input into the budget process. This was particularly true when there was no staff to prepare the budget. Janet Murphy, long-time Chair of the Board, also spent time with me reviewing budget requests at her own initiative. She always reviewed the new requests carefully and would work with me to determine which items to include in my proposed budget. This year, the Park Board has discussed the budget at different times (as noted), but Bob Jones Park has consumed most of their time. Still, there have been numerous references to the budget in correspondence from staff, on Park Board agendas, and in the minutes. The Park Board was provided with a mid -year budget report on April 8, 1996. On June 6, 1996, an item was placed on the agenda to review the new budget requests. The memo from Kim Lenoir to the Park Board noted that "This is an open discussion to gather your ideas of projects to pursue for the 1996-97 budget. Enclosed is a copy of unfunded needs from previous years. " The item was discussed, and various ideas identified. The July meeting also included an item on budget, but it was not discussed -- the Board requested a special work session. The new requests were again reviewed on July 15 and on August 12. Note that Kim Lenoir provided the Board with information on the base budget in her memo which accompanied that agenda. Finally, on August 22 the Board discussed their ideas for revisions to the fee schedule. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 14 Note that staff follows the lead of the Park Board on these kinds of issues. More information would have been provided upon the request of any Park Board member, especially the member(s) serving as budget liaisons. 2) Charter First then the Park Board Ordinance Govern the Role of the Board on This Issue - Section 9.04 of the City Charter states that "The City Manager shall submit to the Council a proposed budget... " Thus, it is my responsibility to prepare the budget and this can not and should not be delegated to a Board. The Park Board Ordinance does provide for review of the budget, and states that they should submit a recommendation "...on the budget...," which means I believe the budget prepared by the City Manager. My interpretation is that this duty, most properly, refers to the development of new programs and facilities, thus, we have (W focused on the review of new requests. 3) Questions on the Proposed Budget Are Best Handled During Work Sessions with Staff - The Parks and Recreation budget encompasses a number of funds, revenue sources, and boards. I understand that some of you have called Park Board members with questions pertaining to the operational budget. Given the scope of the budget, Council members would be best served by referring questions on park - related budget issues to staff. It is probably impossible for a Park Board member to be fully aware of everything in the budget, since many requests are initiated by the SPDC, JUC, Council, my office, etc. In short, the role of the Park Board is that of an advisory board working on a variety of issues to ensure that community needs are considered in the park decision -making process. We rely heavily on their input, and work closely with them. The Bob Jones Park issue underscores the importance of the Park Board. I believe that Kim Lenoir followed the appropriate steps in working with them on budget issues. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 15 28. Complaints Regarding Ballfield Lights - As noted in the attached memo from Kim Lenoir, Director of Parks and Recreation, you may have heard from citizens complaining about the lights at the ballpark going off at 10:30 p.m. during a baseball game at Bicentennial Park. The memo clearly explains the issue, and how we work with the ball associations to ensure that things run smoothly. 29. Complaints concerning ballfield at 1208 Timber Court - You will recall that in your last City Council packet memo, I updated you on the issue regarding the baseball field in Vicki Johnson's backyard. I spoke with her again this past Monday to verify she received the letter from me reiterating that we would be forced to take code enforcement action due to neighborhood complaints if the violation continued. I also told her that the Country Walk park is available for practices now, and that we were also taking steps to prepare the five (5) acre park at Carroll and Continental (Versailles) for baseball practices. Half of this tract is treeless and with some preparation, would be ideally suited for such a use. The lack of available practice fields has been her main argument for allowing the baseball team to practice on her property. This points out the problems that arise with lack of ballfields and the need to develop such in the appropriate locations at Bob Jones Park. 30. TUC' Plans for Multi -Use Recreational Center - At their September 10 meeting, the Joint Utilization Committee discussed the concept of a multi -use recreational center. After some discussion, the consensus was that the top priority needs are a football stadium, tennis center, natatorium, and gymnasium/recreation center. How these could all fit together in a complex, how much acreage would be needed, how much would it cost, and what other uses could be included, were all issues that the JUC discussed. They decided to research the different main uses and try to come up with answers to these questions and then formulate a plan to identify potential sites and make a recommendation to City Council and the CISD Board of Trustees. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 16 31. Sp&aking of Joint Utilization - We have had some discussions with CISD concerning the possibility of cooperating with them on a joint fueling facility and transportation facility at our new Public Works site. CISD is in need of new parking facilities for their busses, there is land that could be available adjacent to our site, and the potential cost savings of a joint fueling facility make a partnership very attractive. Staff will be meeting with CISD staff, next Tuesday, to further determine their short- and long-term needs, and the compatibility of those needs with our plans. 32. And speaking of joint utilization Meeting with Keller ISD This week Greg Last and I met with Wayne Hendrick, Interim Superintendent of the Keller Independent School District, to discuss possible KISD school construction within the corporate boundaries of Southlake. KISD is open to working with us in a joint use context. I will discuss this issue with you in more detail during Tuesday's Executive Session. 33. Municipal Complex Planning Update - The City Hall Facility Planning Subcommittee and the Finance Committee are continuing to work on this project. Members of the City Hall group are currently in the process of touring other facilities, such as city halls in Coppell, Irving, North Richland Hills, Lewisville, Flower Mound, and Farmers Branch. This effort has provided insight to the committee as they work to make decisions regarding space and design. They have also been surprised to find that other cities have = included citizens in the process -- quite a revelation to the group, who are pleased that we are making such an effort to include them. 34. Cimmarron Acres Ground Storage Projects: As we discussed with you previously, we have readvertised the submittals related to this request and they will appear on the P&Z meeting agenda on October 3, 1996. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 17 35. Thoroughfare Plan Update: The P&Z Commission held a work session on 9/12/96 to discuss the first draft of the revised Thoroughfare Plan. Please feel free to contact Tom Elgin at ext. 753 if you have questions on the MTP update. 36. Trophy Club MUD#1 water transmission line. Because of our need to supplement our current water supply capacity, and an equally important need to provide a second transmission line for redundancy/safety needs, we will be negotiating with Trophy Club over the next several weeks to enter into an agreement to utilize their water transmission line from the City of Fort Worth. 37. 1996 DFW Runway Use Plan - DFW has issued a preliminary revised runway use plan which incorporates the new east runway, 17L/35R. A copy of the proposed plan is attached. The runway use plan describes how aircraft typically use the existing runways and the variables that affect runway selection. It also incorporates the requirements of the 1992 Environmental Impact Statement (EIS) for the new east runway. DFW has sought public comment on the proposed revisions to the document, which is also reviewed by the airlines and the Federal Aviation Administration. The DFW Noise Forum, of which the City is a. members, held a meeting this past Wednesday (after a lengthy hiatus) to discuss the proposed runway use plan. There is still some opposition to the proposed plan, mainly by residents of Coppell. Southlake is affected mostly by the west diagonal runway, 13R/31L. The usage of this runway, according to the 1996 runway use plan, will remain essentially the same as it has been. This runway will be primarily used for jet and propeller aircraft arrivals when wind conditions are from the south; and for propeller aircraft departures when wind is from the north. Jet aircraft departures are the major noise generating events, but this use is not anticipated for runway 13R/31L. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 18 The noise monitoring system installation by DFW is back on track again, with 25 of the 35 sites installed (there are two in Southlake). They experienced contractor problems, delaying the implementation of the system. System testing is expe -.ted to begin in about a year. Once this system is operational, sound level data, geographic locations, and flight track data will be collected and analyzed. This information can be used to verify the noise contours of the 1992 EIS, as well as for single event noise complaints. If you have any questions about the DFW Noise Forum or the runway use plan, please call the City Council representative, Deputy Mayor Pro Tern Pamela Muller; or the staff representative, Kevin Hugman, Assistant to the City Manager. 38. FCC Review of Harron Cable Rates - In January 1994, the City filed.a complaint with the FCC regarding the rates for Harron Cablevision's second tier programming, which under the 1992 Cable Act, was the only way to get the FCC to review those rates. In July 1994, the City petitioned the FCC for assistance in reviewing Harron's justification for their basic service cable rates. We have received the FCC's order dated August 16, 1996 in response to our requests. The FCC has approved Harron's rates for their basic level of service and their second tier level of service. This approval is based upon Harron qualifying as a "small system," one which serves less than 15,000 subscribers and owned by a company having 400,000 or fewer subscribers. Our attorneys have reviewed the FCC's order and recommend taking no further action since it is unlikely we could change the ruling, given the regulatory changes we have seen in recent years. 39. Public Works Department Update: ti* Brock Drive paving is complete with a little cleanup to be finished. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 19 ❖ The "pavement distress grouting trial" has been completed. We expect a report in two weeks. Staff will be able to brief City Council at their meeting on September 17. ❖ The Department has started to convert vehicles to an alternative clean burning fuel of propane. Two trucks have been converted with a total of twelve trucks scheduled to have the duel fuel systems. A propane tank will be installed at the fuel facility at the new Public Works site. ❖ Speaking of the Public Works Facility. The City will take over ownership of the MEMO plant on September 15. The department's utility crew, street/drainage crew, construction inspectors, and some administration personnel will be moving into the building on October 1st. ❖ Dove Road Intersection - With the repaving of Dove Road, questions have arisen regarding the intersection at Dove Road and White Chapel Boulevard. To briefly summarize the history of this project, the realignment of this intersection was considered during discussions with Council regarding the Dove Road project. Council decided at that time to postpone realignment, due to their concerns regarding the trees on the west side of White Chapel. Council also discussed their intention of addressing the intersection with the reconstruction (to ultimate cross section) of North White Chapel Boulevard. This project, however, has been put on hold due to Council's desire to wait on the reconstruction of North White Chapel until we are ready to build the ultimate cross section, which can wait (due to the structural integrity of the roadway) until we are ready to improve the road for the park. ON Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 20 This issue can be addressed with the West Dove Road project (S.H. 114 - White Chapel) if this is Council's desire. It must, however, be addressed in conjunction with a project. 40. The Southlake Chamber of Commerce Eighth Annual Stake -Out (Casino Night) will be Saturday, September 21 at the Marriott Solana. Proceeds this year will benefit the Carroll Education Foundation. If you want to attend and have not made reservations, call Sandra LeGrand as early as possible next week. 41. Happy Birthday Southlake! A birthday party celebrating Southlake's 40th will be Sunday, September 29 from 1:00 p.m. - 5:00 p.m., at Bicentennial Park. Activities will include croquet, horseshoes, band, children's parade, etc., and an official presentation by Mayor Stacy. A variety of other activities and special events are planned throughout the year. If you would like to volunteer to help, sponsor an event, or have any questions, call Public Information Officer Tracy Southers at ext. 819. D Hope everyone is enjoying the Southlake In Review. I think Tracy is doing an excellent job with the newsletter. If you have any comments or suggestions, give her a call. 42. Items also attached include: v Daily water usage report •r Report on the number of residential permits by fiscal year and calendar year submitted by Building Division Secretary Jean Bryson. y Letters of appreciation addressed to the Public Safety Department. + Calendar of Meetings and Events Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting September 17, 1996 Page 21 43. REMINDERS: Please contact Sandy LeGrand if you plan to attend any of the following functions. �► Texas Municipal League (TML) Annual Conference November 13-16, Corpus Christi 4- National League of Cities (NLC) Conference December 7-10, 1996, San Antonio �* I will be leaving for Japan on Thursday, September 19 and will return on September 26. 44. Office Shuffle in the Administrative Offices Building - On September 20, Kim Bush and I will move downstairs into the current accounting area. The current occupants, .Lisa Powers and Vicki DeWees, will be moving upstairs and sharing Finance Director Lou Ann Heath's office. Budget Officer Lynn Martinson will also move upstairs and use the space now occupied by Administrative Secretary Nona Whitehead. Nona will move across the hall to where Kim used to sit. Kevin Hugman will share my old office with two interns, and Lou Ann will move into Kevin's old office. Confused? So are we. For those of you who did not come to see me because of the tiring climb upstairs, now you don't have an excuse! Seriously, this will make my office more accessible to the public. 45. I apologize for the length of this memo. It seems to get longer each time, however, there is so much going on that we feel we need to make you aware of. City of Southlake, Texas September 13, 1996 TO: Keep Southlake Beautiful Board of Directors FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Street Trees for Southlake Program As you know we had a very successful year first year with our cooperative City / KSB "Street Trees for Southlake Program." Fifty-four street trees were planted with homeowners investing $4867 in street trees compared to $4042 spent in city funds. Special thanks to Dick Johnson for being the volunteer coordinator of the program and visiting with all the homeowners to stake the location the trees and determining if landscape easements were required. Parks and Recreation Department has advertised that we will begin sign-ups for the.1997 program in January. We will have approximately 60 trees available. Some people have questioned that the city trees should be only for the main arterial streets, not dead end subdivision streets. One option would be to have the first two weeks of registration available only to residents who live on arterial streets, then those remaining trees would be available to the other residents on a first come first serve basis. I would like to hear your comments and recommendations for changes to the "Street Trees for Southlake Program." If you have any questions please contact me at 481-5581 extension 757. cc: Kevin Hugman City of Southlake, Texas NOTICE OF OFFER TO SELL OR EXCHANGE LAND The City of Southlake is offering for sale or exchange a portion or all of TR 1C01 and TR 1CO2, approximately one (1) acre and six (6) acre tracts, a total of approximately seven (7) acres situated in the L.B.G. Hall Survey, Abstract No. 686, such property being located on the west side of North White Chapel Boulevard approximately 650 feet north of West Southlake Blvd., for the purpose of acquiring additional property in the vicinity of Bicentennial Park in Southlake. The City is also offering for sale or exchange all of TR 2A03A, approximately 1.22 acres situated in the Thomas Easter Survey, Abstract A-474, such property being located on the south side of East Southlake Blvd., approximately 1100 feet east of Kimball Avenue. Sealed bids will be received by the City Secretary of the City of Southlake at the Administrative Office., 1725 E. Southlake Blvd., until 10:00 a.m. local time on Thursday, September 12, 1996, and then publicly opened and read aloud at the Administrative Office Conference Room. The information for bidders and other contract documents, including the procedure by which sealed bids to purchase or offer to exchange the land may be submitted, may be obtained from the City Secretary's Office, City of Southlake Administrative Offices. The City reserves the right to waive any informalities or to reject any or all bids. September 6, 1996 The Honorable Rick Stacey Mayor of the City of Southlake c/o City Secretary 1725 Southlake Boulevard Southlake, Texas 77092 Dear Rick: O 0 U l5 Trammell Crow Dallas/Fort Worth Texas Commerce Tower —� 3 2200 Ross Avenue, Suite 3700 Dallas, Texas 75201-2770 OFSECRETARY ,q �- ' 214/979-6100 I am writing you regarding the Freeport Amendment. During 1987, the state legislature (after approval by the voters of Texas) gave each taxing jurisdiction the right to adopt the Freeport Amendment. Apparently, Southlake has not yet adopted Freeport. The Freeport Amendment provides that if goods originate from outside the state of Texas and are subsequently shipped back outside of the state of Texas within 175 days, those goods will not be subject to inventory tax. The driving force behind the adoption of this amendment was the fact that Texas is one of the few states in the United States which taxes "goods in transit". (40., Over the last three or four years a number of jurisdictions -have passed, the Freeport Amendment in order to promote economic development. In fact, Grapevine passed it during 1995 and has seen a huge increase in demand for industrial warehouse sites. Lewisville adopted the Freeport Amendment earlier this year and within 120 days sold out of all of their developed industrial land. Most recently, Allen has passed Freeport and they, too, now are seeing a tremendous surge in warehouse development. The good news about this type of development is that it is typically your high-tech, high - dollar inventory types. That is, companies like Texas Instruments, Hewlitt- Packard, EDS, Zenith, Nokia, all have a big demand for Freeport -related locations. This means great jobs in your community, and probably more importantly, it means a substantial increase in your commercial tax base. This increase is reflected not just in the increase in building values, but also reflected in the fact that most distribution companies are located here in Dallas because they are regional distribution centers for the Southwest. What that means is that a great deal of their inventory is shipped into Texas, and even with the adoption of the Freeport Amendment, the Texas -bound inventory will still be subject to inventory tax. For instance, when Nokia located out at Alliance Airport, they had an inventory value of approximately $60 million. Of that, 80% remained in Texas and -only 20% was shipped out of state. Accordingly, while Fort Worth gave up inventory tax on $12 million; because they had adopted Freeport, they received an increase in tax base of .10 Trammell Crow Company The Honorable Rick Stacey Page 2 nearly $48 million from inventory and nearly $10 million in building value for a total tax base increase of approximately $58 million. Part of Southlake is in the Grapevine-Colleyville school district which. has already adopted Freeport and as such, would lend itself to the "triple Freeport" option immediately. The remaining part of the industrial land that is in the Southlake school districts we plan to ask Southlake's schools to also consider passing Freeport. However, in the meantime, I would encourage you to consider passing Freeport immediately. We have two major users for the city of Southlake who are Freeport -driven. In fact, we have a Las Colinas -based company who is looking at relocating their corporate headquarters to Southlake immediately. Please help us promote economic development in Southlake by immediately initiating the actions necessary to adopt the Freeport Amendment. Sincerely, TRAM ELL CROW DALLAS/FORT WORTH, L.P. Thomas A. Leiser Executive Vice President TAL/cm M 0 as o� N cc ow 00 .o o •v0 cl 0 tn o z 3 � 3 O CA y � .Ci 0 U CO) � w o U 0 a 0 E-+ 0 a.+ 0 y y c� O 5 a � a a� 0 � a� a E" 0 0 0 Cd U U w A w N M U U 0 0 a� O a0 „ a c cv y a 0 C~. y a 0 0 y 3 _c b a°�°'o � •y U O �w •• " U o • VJ Cid � E� O O w O y O 0 C� O O cd 0 , o Cd 0 0 it b w0 O � 0 b >, aU U � 3 E w "a i x Ey C 0 cl � N b u o a+ E o 0 0 0 0 r+ N M !F City of Southlake, Texas September 13, 1996 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Baseball Field Lights at Bicentennial Park I understand that some council members were called at home Sunday, September 8 by citizens complaining about the lights going off at 10:30 pm at Bicentennial Park during a baseball game. City staff works directly with the Southlake Baseball Association scheduling the fields and setting the timers. SBA knows the lights are set to go off at 10:30 pm. SBA officers and the concession stand have override keys to the lights that they can use if necessary. SBA told us their last game was scheduled at 7:00 pm. Their games have a two hour time limit, therefore all games should have been completed at 9:00 pm. Even if the games were running late they should not have been playing at 10:30 pm. If the lights are left on later than 10:30 pm the neighbors have requested prior notification. The only time we have allowed the lights on past 10:30 pm was this summer during district and regional tournaments. No one called our office to complain about the lights and we have had discussions this week with SBA officials who have not said anything about the lights going off before games were over. It is important that the citizens understand that youth associations run these leagues not the City of Southlake. If you have any questions please call me at 481-5581 ext 757. KML INTERNATIONAL AIRPORT AGENDA September 11, 1996 Dear Noise Forum Attendees: NOIS It has been quite some time since we last met, and we have significant issues to discuss. Our first agenda item is to discuss revisions to the Runway Use Plan, copy attached. Please come prepared to discuss your concerns accompanied with suggestions for improvement. The Noise Forum meeting will be the only opportunity to discuss your ideas for improvement. Secondly, we will discuss the status of the Permanent Noise Monitoring System. As many of you are aware, we terminated performance by the prime contractor of the System. We will be giving a brief overview of how we are collecting noise levels until the entire System is completed. Our agenda will be as follows: 1. Self -Introductions 2. Runway Use Plan - Comments 3. Status of Noise Monitoring System 4. New Business Please accept my apology in advance for the short notice. Our meeting will be next Wednesday, September 11, 1996 at 1:30 p.m. in the DFW Noise Center, located on the ground floor of the DFW Airport Administration Building, 3200 East Airfield Drive. Since space is limited, please call me at (214) 574-8138 if you plan on bringing a guest. As always, I look forward to sing you. Karen Dallas/Fort Worth International Airport P. O. Drawer 619428, DFW Airport, TX 75261-9428 (214) 574-8138 a < Y a:, Y INTERNATIONAL Al �t rR Y _ � t, IIWL PL ate' 3 �lw F r ............... `Y 1 x��' 1996 Runway Use Plan DRAFT - 9/4/96 L LM- INTRODUCTION Dallas -Fort Worth International Airport (DFW) is the second busiest airport in the world. In 1995, the airport runways handled over 879,000 aircraft arrivals and departures. DFW has seven runways. The newest runway, 17U35R, was commissioned in October 1996. There are five parallel runways with a north - south alignment. Two diagonal runways, 131J31 R and 13R/31 L, have a northwest to southeast alignment. An eighth runway, also with a north -south alignment, has been proposed to meet the future aviation needs of DFW Airport. The Runway Use Plan describes how aircraft typically use the existing runways and the variables that affect runway selection. This version identifies aircraft arrival and departure headings and incorporates the new east runway, 17U35R. It also presents a preferential system for using the runways. Lastly, each individual runway end is presented and discussed. The Runway Use Plan incorporates the requirements of the Environmental Impact Statement for the new east runway. The document is reviewed by staff from DFW, the airlines, and the Federal Aviation Administration, and may be altered as appropriate. Public comment is sought on proposed revisions before the publication is released. Runway Layout 17R 18R 18L 17C 13L 13R 17L 31R 31L 36L 36R 35L 35C 35R N Map depictions are provided for illustrative purposes only DFW International Airport Page 1 1996 Runway Use Plan DRAFT - 9/4/96 RUNWAY USE Runway use is determined by four variables: • prevailing wind • type of activity • aircraft type • time of day The prevailing wind determines the direction of arrivals and departures. Aircraft typically arrive and depart into the wind. At DFW, activity typically occurs in south flow or north flow. In south flow aircraft arrive and depart to the south. Whereas, in north flow aircraft arrive and depart to the north. Annually, DFW operates about 70 percent of the year in south flow and the remainder in north flow. Aircraft type distinguishes jets from propeller planes. The selection of runway depends on the aircraft type, its performance capabilities and gross weight. Time of day indicates the hours when a runway can be used. All runways at DFW are available on a 24-hour basis. However, in the late -night hours —from 11:00 PM to 5:59 AM —the volume of aircraft is greatly reduced. Consequently, during the late -night hours the two diagonal runways and the new east runway, 17U35R, are not normally used unless required by weather conditions, unusual air traffic situations, or closure of other runways. Further discussion about the variables that effect runway use can be found under Operational Considerations on Page 34. IF North Flow 17R Departures 18R 18L 13R 31L 1� 36R Arrivals 13L 17L 31R1116 36L 36C 36R i V A,A. sl. Departures South Flow 17R a 18L 17C C� a Is 7-It 36R P] DFW International Airport Page 2 1996 Runway Use Plan DRAFT - 9/4/96 RUNWAY USE Typical Arrival and Departure Headings Flow Runway Aircraft Type Arrival Headings Departure Headings South 13R Jet 1320 NA 18R Jet 1740 1900/1740 18L Jet 1740 1900118501174011550 17R Jet 1740 1900/1850/1740/1550 17C Jet 1740 1740/1550 17L Jet 1740 1740 13L Jet NA NA 13R Propeller 13211 NA 18L/18R Propeller 1740 2700/2400 17R/17C/17L Propeller 1740 1200 13L Propeller NA 13011 North 31 L Jet NA NA 36L Jet 3540 3400/3450/3540 36R Jet 3540 3400/3450/35401360010100 35L Jet 3540 3400/34501354013600/0100 35C Jet 3540 3540/3600/0100 35R Jet 3540 3540 31 R Jet 3080/Stadium Visual NA 31 L Propeller NA 2700/2400 361-13611 Propeller 3540 2700/2400 35LI35CI35R Propeller 3540 0300 31111 Propeller 308° NA 'NA: Not Typically used for that activity. 2Stadium Visual: see pg. 19 for discussion. AIRCRAFT HEADINGS Arriving and departing aircraft fly headings that are based on compass direction. The arrival and departure headings are assigned by FAA personnel in the DFW Tower/TRACON. When using DFW runways, aircraft fly FAA prescribed routes. Arriving jets are turned onto final arrival headings at or before reaching five nautical miles from the runway end. Whereas, propeller aircraft are directed to the arrival heading in a manner that expedites traffic and achieves efficient runway use. Departing jets maintain runway headings to a point approximately 0.5 nautical miles from the runway end, then turn to assigned departure headings. Thereafter, jets maintain departure headings until reaching a distance of 5.0 nautical miles from the runway end, before further turns are initiated. Departing propeller aircraft maintain runway heading until reaching minimum safe altitude, usually 300 to 400 feet above ground, then turn to assigned headings. These aircraft use best rate of climb so as to cross residential areas at or above an altitude of 2,000 feet, mean sea level elevation. DFW International Airport Page 3 1996 Runway Use Plan DRAFT - 9/4/96 t NEW EAST RUNWAY Use of the new east runway, 17U35R, commenced in October 1996. DFW has committed to measures that reduce impacts associated with aircraft using the runway. Runway 17U35R is typically used on a demand responsive basis. The runway primarily serves propeller aircraft arrivals and departures, and jet arrivals. Under typical conditions the runway is not used during late night hours. Jet aircraft arriving to the runway will be turned onto the arrival headings — 1740 to the south or 3540 to the north — at or before reaching 5.0 nautical miles from the runway end. If the runway is used for jet departures, the jet will maintain runway heading —1740 to the south or 3540 to the north — for a distance of 5.0 nautical miles before initiating turns. Arriving propeller aircraft will be directed to the arrival heading in the most expedites manner. Upon reaching safe minimum altitude, departing propeller aircraft will be turned to a departure heading of 0300 or 1200, depending on direction of flow. PREFERENTIAL RUNWAY USE SYSTEM The Federal Environmental Impact Statement prepared for the new east runway, 17U35R, states that use of DFW runways will be based on a preferential system. The preferential system provides a hierarchical rating of runway use for arrivals and departures by aircraft type. This system is used under typical operating conditions. Unusual circumstances —such as thunderstorms, extreme winds, or runway closures —may require deviations from the preferential rating. The preferential system is applied during typical hours of operation —from 6:00 AM to 10:59 PM. After 11:00 PM special stipulations are applied during late -night hours. Preferential Runway Use System Late -Night Hours Late Night Hours are defined as 11:00 PM to 5:59 AM. During late night hours activity will not normally occur on Runway 17U35R, Runway 13R/31 L, and Runway 13U31 R, unless required by weather, unusual air traffic situations, or closure of other runways. Runways 18U36R, 18R/36L, 17U35R, and 17C/35C have sufficient capacity to handle late night aetivvity. DFW International Airport Page 4 IR 19 0 1996 Runway Use Plan DRAFT - 9/4/96 PREFERENTIAL RUNWAY USE SYSTEM (for the hours 6:00 AM to 10:59 PM) let Aircraft Flow Type of Activity Preferential Rating East Airfield West Airfield South Arrivals 1st 17C 18R 2nd 17L 13R 3rd 17R 18L Departures 1st 17R 18L 2nd 17C 18R 3rd 17L North Arrivals 1st 35C 36L 2nd 35R 36R 3rd 31 R 4th 35L Departures 1st 35L 36R 2nd 35C 36L 3rd 35R (w —Propeller Aircraft Flow Type of Activity Preferential Rating East Airfield West Airfield South Arrivals 1st 17C 18R 2nd 17L 13R 3rd 17R 181- Departures 1st 17R 18L 2nd 13L 18R 3rd 17C 4th 17C` North Arrivals 1st 35C 36L 2nd 35R 36R 3rd 31 R 4th 35L Departures 1st 35L 36R 2nd 35C 31 L 3rd 35R 36L DFW International Airport Page 5 1996 Runway Use Plan RUNWAY 13R Runway 13R is the west diagonal runway. It is used in south flow, primarily for jet and propeller aircraft arrivals. Because the runway converges with the north -south runways there are typically no departures on 13R. The runway is not normally used during late -night hours. Jet Arrivals: Heading 132" Departures: Typically no departures Propeller Arrivals: Heading 1320 Departures: Typically no departures Preferential Rating #2 Jet & Propeller Arrivals DFW Intemational Airport DRAFT - 9/4/96 SOUTH FLOW PROPELLER & JET ARRIVALS rage o M F IN 1996 Runway Use Plan RUNWAY 13L JET ACTIVITY -P- x IL couLEY Map depictions are provided for illustrative purposes only PROPELLER ACTIVITY DRAFT DFW Intemational Airport Page 7 1996 Runway Use Plan DRAFT - 9/4/96 RUNWAY 18R SOUTH FLOW JET & PROPELLER ARRIVALS Runway 18R is a north -south parallel runway on the west side. It is used in south flow, primarily for jet and propeller arrivals. It also serves jet and propeller departures. Jet Arrivals: Heading 1740 1!R Departures: Headings 1900/1740 Propeller Arrivals: Heading 1740 Departures: Headings 270°/2400 1 Preferential Rating //JJ #1 — Jet & Propeller Arrivals #2 -- Jet & Propeller Departures SOUTH FLOW JET DEPARTURES SOUTH FLOW PROPELLER DEPARTURES III`;II � + + `� \ DFW International Airport rage u 0 PC It OR 1996 Runway Use Plan RUNWAY 18R Jet Activity -0m. �1 ;IL_ CMLEVVLLE Propeller Activity Map depictions are provided for illustrative purposes only DFW International Airport Page 9 1996 Runway Use Plan DRAFT - 9/4/96 RUNWAY 18L Runway 18L is a north -south parallel runway on the west side. It is used in south flow, primarily for jet and propeller departures. It also serves jet and propeller arrivals. Jet Arrivals: Heading 1740 Departures: Headings 190°/185°/174°/155° Propeller Arrivals: Heading 1740 Departures: Headings 2700/2400 Preferential Rating #1 -- Jet & Propeller Departures #3 — Jet & Propeller Arrivals SOUTH FLOW JET DEPARTURES SOUTH FLOW JET & PROPELLER ARRIVALS SOUTH FLOW PROPELLER DEPARTURES i 0 DFW International Airport rage iu ON m 1996 Runway Use Plan RUNWAY 18L Jet Activity —� L DRAFT Propeller Activity + + Map depictions are provided for illustrative purposes only DFW International Airport Page 11 1996 Runway Use Plan DRAFT - 9/4/96 RUNWAY 17R SOUTH FLOW JET & PROPELLER ARRIVALS Runway 17R is a north -south parallel runway on the east side. It is used primarily for jet and propeller departures. It also serves jet and propeller arrivals. Jet 17R Arrivals: Heading 1740 Departures: Headings 1900/18511/1740/1550 Propeller Arrivals: Heading 1740 Departures: Heading 1200 Preferential Rating #1 -- Jet & Propeller Departures #3 -- Jet & Propeller Arrivals SOUTH FLOW JET DEPARTURES SOUTH FLOW PROPELLER DEPARTURES DFW International Airport rage -i/- IR P] 14 1996 Runway Use Plan RUNWAY 17R Jet Activity t� � J r AF%JMGMN I Propeller Activity + DRAFT Map depictions are provided for illustrative purposes only DFW International Airport Page 13 1996 Runway Use Plan RUNWAY 17C DRAFT - 9/4/96 SOUTH FLOW. JET & PROPELLER ARRIVALS Runway 17C is the center parallel runway on the east side. It is primarily used for jet and propeller arrivals, and also serves jet and propeller departures. Jet „c Arrivals: Heading 1740 Departures: Headings 174*/155* Propeller Arrivals: Heading 1740 Departures: Heading 1200 Preferential Rating #1 — Jet & Propeller Arrivals #2 — Jet Departures #3 — Propeller Departures SOUTH FLOW JET DEPARTURES \Ilcill \ �I SOUTH FLOW PROPELLER DEPARTURES nc DFW International Airport Page 14 0 E It im 1996 Runway Use Plan RUNWAY 17C Jet Activity ..0o. �I �L— COUAYVIUA j Map depictions are provided for illustrative purposes only DRAFT Propeller Activity + + DFW Intemational Airport Page 15 1996 Runway Use Plan RUNWAY 17L Runway 17L is a north -south parallel runway on the east side. It is primarily used on a demand responsive basis for propeller arrivals and departures, and also jet arrivals. The runway is not normally used during late -night hours. Jet Arrivals: Heading 1740 Departures: Heading 1740 Propeller Arrivals: Heading 1740 Departures: Heading 120" Preferential Rating #2 — Jet & Propeller Arrivals #3 — Jet Departures #4 — Propeller Departures SOUTH FLOW JET DEPARTURES DRAFT - 9/4/96 SOUTH FLOW. JET & PROPELLER ARRIVALS SOUTH FLOW PROPELELR DEPARTURES \Ilc�ll \ DFW International Airport Page i6 ILE PC 8 1996 Runway Use Plan RUNWAY 17L Jet Activity -0- COUXVVWA J Map depictions are provided for illustrative purposes only Propeller Activity DRAFT DFW Intemational Airport Page 11 1996 Runway Use Plan DRAFT - 9/4/96 RUNWAY 13L Runway 13L is the east diagonal runway. It is used in south flow, primarily used for propeller departures. Because the runway converges with the north -south runways, there are typically no arrivals. The runway is not normally used during the late -night hours. Jet Arrivals: Typically no arrivals Departures: Typically no departures Propeller Arrivals: Typically no arrivals Departures: Heading 1300 Preferential Rating #2 — Propeller Departures SOUTH FLOW PROPELLER DEPARTURES DFW International Airport Page its M 9 PI 1996 Runway Use Plan DRAFT RUNWAY 13L Jet Activity -Om- Propeller Activity COUAYVUA J 0 I J I I I Map depictions are provided for illustrative purposes only DFW Intemational Airport Page 19 1996 Runway Use Plan DRAFT - 9/4/96 RUNWAY 31 L Runway 31 L is the west diagonal runway. The runway is used in north flow, primarily for propeller departures. Because the runway converges with the north -south runways, there are typically no arrivals. The runway is not normally used during late -night hours. Jet Arrivals: Typically no arrivals Departures: Typically no departures Propeller Arrivals: Typically no arrivals Departures: Headings 2700/2400 Preferential Rating #2 — Propeller Departures NORTH FLOW JET DEPARTURES gage zu DFW International Airport I wt ON 1996 Runway Use Plan RUNWAY 31 L Jet Activity -Oo- �1 L Map depictions are provided for illustrative purposes only Propeller Activity t DFW International Airport Page 21 DRAFT - 9/4/96 1996 Runway Use Plan RUNWAY 36L Runway 36L is a north -south parallel runway on the west side. It is used in north flow, primarily for jet and propeller arrivals. It also serves jet and propeller departures. Jet Arrivals: Heading 3540 Departures: Headings 3400/345°/354° Propeller Arrivals: Heading 3540 Departures: Headings 270°/240° Preferential Rating #1 — Jet & Propeller Arrivals #2 — Jet Departures #3 — Propeller Departures NORTH FLOW JET DEPARTURES NORTH FLOW JET & PROPELLER ARRIVALS 39L NORTH FLOW PROPELLER DEPARTURES DFW International Airport Page 11 IF 9 ON 1996 Runway Use Plan RUNWAY 36L Jet Activity -Op- �1 ��_� COUAVVUA r I DRAFT Propeller Activity + + Map depictions are provided for illustrative purposes ony DFW International Airport Page 23 1996 Runway Use Plan DRAFT - 9/4/96 RUNWAY 36R Runway 36R is a north -south parallel runway on the west side. It is used in north flow, primarily for jet and propeller departures. It also serves jet and propeller arrivals. Jet Arrivals: Heading 3540 Departures: Headings 3400/345°/354° 3600/0100 Propeller Arrivals: Heading 3540 Departures Headings 2700/2400 Preferential Rating #1 — Jet & Propeller Departures #2 — Jet & Propeller Arrivals NORTH FLOW JET DEPARTURES NORTH FLOW JET & PROPELLER ARRIVALS 3!R NORTH FLOW PROPELLER DEPARTURES DFW International Airport rage L4 0 F ON m 1996 Runway Use Plan RUNWAY 36R JET ACTIVITY _ON-- maw .1L. PROPELLER ACTIVITY Map depictions are provided for illustrative purposes only DFW Intemational Airport Page 25 1996 Runway Use Plan DRAFT - 9/4/96 RUNWAY 35L NORTH FLOW JET & PROPELLER ARRIVALS Runway 35L is a north -south parallel runway on the east side. It is used in north flow, primarily for jet and propeller departures. It also serves jet and propeller arrivals. Jet C Arrivals: Heading 3540 Departures: Headings 3400/3450/3540 3600/0100 Propeller Arrivals: Heading 3540 Departures: Heading 0300 ML Preferential Rating #1 — Jet & Propeller Departures #4 — Jet & Propeller Arrivals NORTH FLOW JET DEPARTURES NORTH FLOW PROPELLER DEPARTURES DFW International Airport Page 26 IR 9 14 LI 1996 Runway Use Plan RUNWAY 35L Jet Activity -► r Map depictions are provided for illustrative purposes only DFW Intemational Airport Propeller Activity DRAFT Page 27 1996 Runway Use Plan DRAFT - 9/4/96 RUNWAY 35C NORTH FLOW JET & PROPELLER ARRIVALS Runway 35C is the center parallel runway on the east side. It is used in north flow, primarily for jet and propeller arrivals. It also serves jet and propeller departures. Jet C� Arrivals: Heading 3540 Departures: Headings 3540/3600/0100 Propeller Arrivals: Heading 3540 Departures: Heading 0300 Preferential Rating #1 — Jet & Propeller Arrivals #2 -- Jet & Propeller Departures NORTH FLOW .JET DEPARTURES 4 NORTH FLOW PROPELLER DEPARTURES 9 DFW International Airport rage zo DR m 1996 Runway Use Plan RUNWAY 35C Jet Activity -► _ �I Map depictions are provided for illustrative purposes only DFW International Airport Propeller Activity DRAFT Page 29 1996 Runway Use Plan i. DRAFT - 9/4/96 RUNWAY 35R Runway 35R is a north -south parallel runway on the east side. It is used in north flow on a demand responsive basis, primarily for propeller arrivals and departures. and jet arrivals. The runway is not normally used during the late -night hours. Jet Arrivals: Departures: Propeller Arrivals: Departures: Heading 3540 Heading 3540 Heading 3540 Heading 030° Preferential Rating #2 -- Jet & Propeller Arrivals #3 — Jet & Propeller Departures NORTH FLOW JET DEPARTURES NORTH FLOW JET & PROPELLER ARRIVALS NORTH FLOW PROPELLER DEPARTURES DFW International Airport Nage su IR PC ON 1996 Runway Use Plan RUNWAY 35R Jet Activity -► COUAWWA J Propeller Activity + DRAFT Map depictions are provided for illustrative purposes only DFW Intemational Airport Page 31 1996 Runway Use Plan RUNWAY 31 R Runway 31 R is the east diagonal runway. It is used in north flow, primarily for jet and propeller arrivals. Because the runway converges with the north -south runways, there are typically no departures. The runway is not normally used for late -night activity. Jet Arrivals: Heading 3080 Departures: Typically no departures Propeller Arrivals: Heading 308" Departures: Typically no departures Preferential Rating #3 -- Jet & Propeller Arrivals Stadium Visual Approach This approach to 31 R is used by arriving jet aircraft when weather is good and visibility conditions permit. The approach is not. authorized at night. Pilots fly over Texas Stadium and then the office buildings in Las Colinas, before aligning with the runway arrival heading — 3080. This arrival procedure requires that pilots turn their jets at low altitude. The maneuver is not typical for other arrival runways and will appear unusual. However, it is quite safe. DRAFT - 914196 NORTH FLOW JET & PROPELLER ARRIVALS DFW International Airport Page 32 F PE im m 1996 Runway Use Plan RUNWAY 31 R Jet Activity —► CollErWILLE j Map depictions are provided for illustrative purposes only DFW International Airport Propeller Activity DRAFT x Page 33 1996 Runway Use Plan DRAFT - 9/4/96 OPERATIONAL CONSIDERATIONS Operational characteristics of the airport and aircraft are fundamental considerations in developing and implementing a Runway Use Plan. Selection of runway to use for the most safe and efficient movement of aircraft is based on many conditions, a few of which are outlined below. Under all circumstances, safety is the primary concern. The following considerations have a significant impact on the selection of runways. Wind Direction / Aircraft Flow Aircraft are normally required to depart and land into the wind. When the wind is from the North, aircraft operating on the North/South runways depart to the North, and aircraft departing from the diagonal runways depart to the Northwest. This condition is called "North Flow." When the wind is from the South, aircraft operating on the North/South runways depart to the South, and aircraft departing from the diagonal runways depart to the Southeast. This condition is called "South Flow." The direction of flight, North Flow or South Flow, changes as often as wind direction dictates, perhaps several times a day. North Flow conditions are more likely to occur during fall and winter months when cold fronts move through the Dallas/Fort Worth area. South Flow is more typical during spring and summer months. Considered annually, DFW Airport operates under predominately South Flow conditions. Wind Drift / Aircraft Headings Depending upon wind speed and direction, aircraft often "drift" from what would otherwise be considered a "straight' departure. Aircraft operating at DFW fly a "heading" rather than a track. A heading is similar to a needle direction on a compass, while a track is a certain path over ground. When flying a heading, an airplane is considered on course if the heading is correct, rather than where he plane crosses the ground at a certain location. Variations in where an aircraft leaves the runway may result in aircraft flying over different locations even though they are on the same heading. Adverse Weather Conditions Safety is always the primary concern for all aircraft movements. Consequently, activity during adverse weather conditions requires additional concern. The FAA DFW Tower/TRACON selects the best runway(s) to use, which often change as weather fronts pass. Additionally, aircraft may be diverted from typical arrival and departure headings to avoid potentially dangerous storms that go through the DFW area. The aircraft may turn in unusual manners or fly in directions that are not typical. Cloud Coverage / Visibility Depending upon cloud coverage or other situations that may affect visibility, aircraft' operate under either "Visual" or "Non -Visual" conditions. When operating under a Visual condition, the pilots often rely on visual landmarks in addition to aircraft instruments. Under Non -Visual conditions, pilots rely on aircraft instruments until visual contact with the assigned runway is made. When Non -Visual conditions exist, aircraft are required to be kept farther apart, called aircraft separation. As the required separation between aircraft becomes greater, non -typical use of runways may occur. Aircraft Types / Performance To ensure safe movement of all aircraft types, the FAA gives explicit instructions to aircraft operators regarding when to initiate turns, us)ally based on location or altitude. Nearly all aircraft have different performance capabilities. The major divisions of performance begin with aircraft types: jet or propeller aircraft. Jet aircraft are those typically used by commercial air carriers and include private business jets. Propeller aircraft are generally used by commuter air carriers and general aviation operators. For each kind of aircraft, different engines result in different performance characteristics. For example, the older Boeing 737-200 uses a low by-pass JT8D engine, while the newer Boeing 737-300 uses a high by-pass GE engine. The DFW International Airport Page 34 LW It 1996 Runway Use Plan DRAFT - 9/4/96 C. GE engine provides greater thrust, which improves takeoff and climb performance. Other characteristics also affect performance, such as: aircraft gross weight, outside temperature, weather conditions at the destination (extra fuel may be needed for possible diversions) and characteristics specific to each aircraft. Aircraft performance will also vary between operators, based on airline specific operating procedures. These variables often result in an aircraft appearing too low, too high, or off -course, when in fact the aircraft is doing exactly what it is supposed to do. Time of Day Generally, the late night hours of 11:00 PM to 5:59 AM are considered the most noise sensitive, because most neighboring residents are sleeping. It is a goal of DFW to minimize noise levels during all hours of the day, but particularly during late night hours. Most commercial passenger aircraft operate during daytime and evening hours, resulting in much. less aircraft activity at night. Given these circumstances, the Runway Use Plan differentiates between daytime (6:00 AM to 10:59 PM) hours and late night (11:00 PM to 5:59 AM) hours. Multiple Operations When aircraft are concurrently arriving or departing on different runways, unique airspace considerations are made. DFW can operate Triple Departures, when three aircraft depart from three runways at the same time. Should the need arise Quadruple Departures can be performed, when four aircraft can depart runways simultaneously. Runway Closures On occasion one or more runways may be closed for a period of time,. Typically, the closure is for runway maintenance, aircraft incident, or bad weather. During these times, the runways that remain open are used for all aircraft movements, and runway use may vary from the use that is typically observed. Missed Approaches There are a variety of reasons that an aircraft arriving at DFW will need to discontinue its approach into the airport. This is a normal, common occurrence that happens at all airports daily. Conditions that may create this situation include variability in weather, traffic conditions, pilot judgment. etc. In these cases, the aircraft will make a "go -around" in a box -like pattern and re -approach the airport for landing. During the "go -around" aircraft will often operate in areas where aircraft are not typically seen. This is a normal occurrence, and is not cause for alarm. Emergencies During any emergency, or stated potential emergency, the aircraft pilot coordinates with the FAA DFW Tower/TRACON to ensure the safest circumstances possible. Emergency situations have priority over any and all other activities. SUMMARY Given aircraft separation requirements, runway closures, variable weather conditions, traffic and airspace conflicts, and time of day; there will be occasions when one or more of DFW s 2500 daily flights may appear to deviate from the Runway Use Plan. When these instances occur, remember the apparent deviations are controlled.— safety of people in the air and on the ground is our prime concern. However, should you feel that any situation demands immediate attention, or wish to voice your concerns, please contact the DFW Noise Hotline at (214) 574- 2538. DFW International Airport Page 35 1996 Runway Use Plan DRAFT - 9/4/96 It 9 DFW Intemational Airport Page 36 1996 Runway Use Plan DRAFT - 9/4/96 Q -, X X GLOSSARY Aircraft Types • Jet Aircraft -- an aircraft that uses the exhaust thrust from a turbine engine for propulsion. • Propeller Aircraft -- an aircraft that uses a turbine or reciprocating engine to turn a propeller blade for propulsion. Distance Measures • Nautical Mile (NM) -- standard measure for air travel distance (1 NM = 6,076 feet). • Statute Mile (SM) -- standard measure for ground travel distance (1 SM = 5,280 feet). Elevation Measures • Above Ground Level (AGL) — height of an aircraft above ground in feet. • Airport Elevation — height above Mean Sea Level. DFW elevation = 603' feet MSL • Mean Sea Level (MSL) - standard measure for expressing elevation (sea level = 0 feet) Marker Beacons • Middle Marker (MM) — an approach navigational aid approximately 0.5 NM from the end of a runway, that informs the pilot of his position relative to the runway end. • Outer Marker (OM) - an approach navigational aid approximately 5.0 NM from the end of the runway that informs the pilot of his position relative to the runway end. Typical Use • Refers to the most common runway use assignments and procedures that occur on a routine basis at DFW Airport. Unusal traffic situations, adverse weather, aircraft incident, or runway closure for maintenance may dictate assignments or procedures that differ from those "typically" observed. DFW International Airport Runways • Runway Heading -- the compass orientation of the runway based upon magnetic north. The numerical value of a runway designation represents the compass degrees rounded to the nearest ten. The UR/C designations represent Left, Right and Center. Runways headings and orientations at DFW Airport include: • Runways 17UC/R and 18UR -- heading 1740 - south orientation • Runways 35UR/C and 36UR — heading 3540 - north orientation • Runway 13L — heading 1280 - southeast orientation • Runway 13R — heading 1320- southeast orientation • Runway 31 L — heading 3121, - northwest orientation. • Runway 31 R — heading 3080 - northwest orientation Runway Lengths • Runway 13R/31 L: 9,300 feet • Runway 18R/36L: 11,388 feet • Runway 18U36R: 11,388 feet • Runway 17R/35L: 13,400 feet • Runway 17C/35C: 11,388 feet • Runway 17U35R: 8,500 feet • Runway 1-3U3-1 R:- 9,000 feet Non -Visual Conditions • Non -Visual Arrivals — when cloud ceiling is below 3,500 feet MSL or visibility is less than five statute miles. • Non -Visual Departures — when the cloud ceiling is at or above 5,000 feet MSL and visibility is five statute miles or greater. Page 37 9 9 SEPTEMB -.�F- TEER SOUTHLAKE PLARSON S.L.H.P. USAGE TOTAL 1 — 1,670,000 640,000 2,210,000 2 __.la3o,000 775,000 2,606,000 3 3,220,000 634,000 3,854,000 4 —1,380,000 666,000 Z,046,000 5 2,300,000 879,000 3,179,000 6 3,680,000 1,019,000 4 9,000 7 3, * 670,000---.—. .754,000 4,424,000 a 2,920,000 1,024,000 3,944,000 9 .3,900,000 1,045,000 4,845,000 10 4,Z70,000 933,000 5,203,000 3,970,000 1,0-72,000 . . . 5,042,000 12 13 0 14 0 15 0 16 17 18 0 19 0 20 0, 21 0- 22 0 23 0 24 0 25 26 0 27 0 28 0 29 30 0 31 0 .TOTALS 32,610,000 1 9�441 900 42,051,000 CITY OF SO-UTHLAKE DAILY WATER USAGE 4 Z go SEPTEMBE La 1 � _ 0 ..��� DAY OF MONTH TOTAL P.02 AUGUST 31, 1996 COMPARISON SINGLE FAMILY RESIDLNTIAL PERMITS FISCAL YEAR MONTH 1992-1993 1993-1994 1994-1995 1995-1996 OCTOBER 36 38 28 29 NOVEMBER 23 46 33 40 DECEMBER 44 59 30 38 JANUARY 30 49 43 64 FEBRUARY 31 34 46 72 1 MARCH 34 45 48 83 APRIL 39 60 48 63 MAY 44 70 46 86 JUKE 41 62 42 49 JULY 59 47 34 64 AUGUST 46 47 37 53 SEPTEMBER 50 72 25 TOTALS 477 629 460 641 Submitted by, CITY OF SOUTHLAKE ` -�.� C:kVPDOCS\l4LDG.RGI'\ AUGUST 31, 1996 COMPARISON OF SINGLE FAMILY RESIDENTIAL PERMITS BY CALENDAR YEARS 1980 - 1996 YEAR NO. OF SINGLE FAMILY PERMITS VALUATION 1980 60 $ 4,090,080 1981 71 5,552,245 1982 96 9,156,153 1983 250 26,351,636 1984 217 26,863,620 1985 212 29,770,324 1986 72 21, 224, 373 1987 33 5,909,867 1988 56 9,988,654 1989 51 9,438,348 1990 176 31,374,042 1991 197 39,599,548 1992 377 79,109, 339 1993 517 110,572,441 1994 577 129,620,754 1995 476 112,988,902 1996 (JAN-AUG) 534 130,918,105 ' .ccC-,� Don T. Durham Elementary & Intermediate School Mark Terry Principal August 26, 1996 Billy Campbell Chief of Police 667 North Carroll Ave. Southlake, TX 76092 Dear Chief Campbell, Officer Quentin Watkins is the DARE Officer at Durham Elementary and Intermediate School here in Southlake. Officer Watkins deserves recognition for the terrific job he is doing here at Durham. During the 1995-1996 school year Officer Watkins began meeting our elementary students to introduce them to DARE and to educate them regarding the harmful effects of drugs and alcohol use. The students very much enjoyed Officer Watkins being at our building and they learned a great deal about abstaining from harmful substances. I know this because my own kids came home telling me all about his lessons. This year Officer Watkins has assisted teachers in preparing for this school year's DARE Program, putting together furniture, directing traffic, and numerous other tasks that spring up unexpectedly. When students, teachers, and parents see Officer Watkins working in all aspects of the school it reflects well on the program and on the Southlake Police Department. I appreciate having a person the caliber of Officer Watkins at Don T. Durham Elementary and Intermediate School. Sincerely, Mark Terry Principal cc: Officer Watkins Ted Gillum, Superintendent of Schools 801 Shady Oaks • Southlake, TX 76092 a (817) 481-8068 FAX (817) 329-5107 City of Southlake, Texas GNP MEM RANDUM May 20, 1996 TO: Ben Brown - Patrol Sergeant FROM: Keven Sessions - Patrol Corporal SUBJECT: Citizen Appreciation On Monday, 5-20-96, I was contacted by Keller citizen, Cara Ct., who wished to extend her thanks and appreciation to Off and responding to a minor traffic infraction that so many time Earlier this date, Ms. Robert was traveling west in the 3200 b stopped at the traffic light at the intersection of Pearson. Ms. heavy and congested. Upon receiving a green signal, Ms. Rol was cut off by a surveying truck that had obviously used the' the traffic stuck at the traffic signal. This truck's intrusion int Robert but luckily no collision resulted. Officer Van Wakefie the time, and not only noticed the altercation, but immediatel} �..yyw .., u..,,u...� ♦yl.,Vl V. Ms. Robert stated, "There are so many times that we all ask; Where is a cop when you need one? And, sometimes the cop is right there when you need them, but are too busy to notice or take action." Although not a Southlake citizen, Ms. Robert lives on the border of Keller and Southlake and again wishes to extend her appreciation to our police department and particularly Officer Wakefield. When told that we appreciate the time she took for making the call, and after being informed that most people will only take time to call in a complaint, Ms. Robert stated, "I've never seen Southlake Police Officers act in an manner other than Professional." DKS/dks cc: Billy Campbell - Director of Public Safety Gary Gregg - Director of Police Services Officer Wakefield . l C- August 16, 1996 Mr. William Campbell Director of Public Safety 667 N. Carroll Ave. Southlake, Tx 76092 Dear Mr. Campbell: I would like to take moment of your time. As you know Jerry's mother passed away August 11, 1996. Although her passing was sudden, and a terrible loss to our family I want you to know that we give Paramedics Mr. Ron Testerman, Mr. Jerry Kovar and Mr. Cliff Altom our utmost praise for their professionalism they displayed when called to our home through 911. In addition, a factor that lacks in many professions nowadays, compassion. They truly cared for her and treated her with the utmost respect even though she never came out of her comatose state. They started her heart but she was just to tired to keep on. Again, please let them know how much we appreciated their efforts, compassion and skill. Sincerely, e`'1 -s Jerry and Karen Black 1302 W. Southlake Southlake, Tx 76092 �L City of Southlake, Texas M E M O R A N D U M August 7, 1996 TO: Gary Gregg, Deputy Director Police Services FROM: Kristen Palmer, Communication Specialist SUBJECT: Citizen Commendation On Tuesday, August 6, at approximately 2032 hours, Sergeant Robert McAmis initiated a Suspicious Person call for service. Upon arrival, Sergeant McAmis observed a white male loading lumber onto a trailer attached to a red truck at a residence under construction, 2800 Brookshire. Sergeant McAmis then identified the subject as Randy j Levitt, who stated that per the builder, Bobby Harrell, he had been granted permission to pick up scrap lumber at the job site. Mr. Harrell of Harrell Custom Homes called in once paged, and confirmed Mr. Levitt's claim. It is for Sergeant McAmis' efforts that Mr. Harrell is grateful. He requested that Communications forward the commendation to Sergeant McAmis, therefore I am forwarding this memorandum to you. Should you require any further information please do not hesitate to contact me. cq KP/kkp cc: Billy Campbell, Director of Public Safety Robert McAmis, Sergeant, Police Services CN m o Q a� V)44 U O `° a) U c. N ° N @) a vi aM � a tip) O m 0 04 U E v1 o ¢�U� �x E p a�i `� 4 E .5 .5 �" oo U CN E U 0 000 cn�o 0 0: cnUUo(�ij oU c � o o iz u '. x -c A oo U U ! � � 3 U o0 �� a� E � x o C) 0 0 U oa�aU w T a ° @) G7 C Q tl- U b0 r i U Q U Q U E Ea,U E C. to o a x E o a Ucr C. m c �ar N U U U z U cn U CE E �F-EU E E ��U E E c°U U ' :c C. eo l� C. ^ C. 0 0> I U o o U o@jowou'C?l , 3U o oU 0 0 C)(gIn.a '1% I Q N N ; rii c a a a a g�a -R. Wc)4- 4S� L3J J�q(� (ow, NEWS CLIPPING STOP ON'UNDERGROUND RAILROAD ' Star -Telegram / KELLEY CWNN S' Marylyn Miles stands at the entry of a cave where, she says, her great-grandfather hid runaway slaves bound for Mexico. BYLESLIE HUEHOLT Southlake woman says would come to: the cave," Miles said this ` SU-TelegramStaff Writer . fleeing slaves stayed at cave week as She stdod at the mouth of the cave edge lake . It's a ritual in the at the of Grapevine:"The.- SOUTHLAKE Bob Jones family to pass along slaves were pretty safe in t1311D y °' "secrets" to younger generations, such as their way to Mexico —; via the could find they stories and old-time recipes, to prevent "underground railroad" - sought refuge. Miles said: d4cided'to a ti itory' the family's historyfrom being lost. Family legend has it that former slave this summer"4 when I— Flake 16VAis made Some of the secrets John Dolford "Bob" Jones helped hide the cave easier for people to find ' in an are universal them there and provided them with food. effort to protect it. Numerous visitors Aical remedies dr tips on how to Wecome prosperotis. Others are the stuff The "secret" was for Marylyn Elizabeth have already carved their names in the Miles to tell. Miles is one of Jones' reddish -brown sandstone. history books are made of, and are -so great-granddaughters and the family Miles said she hopes to make the grotto intriguing that they beg to be told. "secret keeper" for her generation. a historic site, complete with gtiardrsds to One story thathas been passed down is "If you were a runaway slave, you were 'keep. people out. about a cave in Southlake, where slaves on part of the underground railroad, and you (More on CAVE on Page 17) PC was selected secret keeper at birth cave, and that they are "defini'te�- Cave when she was given the special mid- interested" in learning more. dle name "Elizabeth," which was "It's only been within the Nast given only to female family mem- three weeks that the lake ma6ge4 From Page 1 bers who were to carry on the tradi- has been made aware that this cavi' , Jones' descendants estimate that tion. even exists," corps spokesman 1 o6 . 577 slaves stayed in the cave "I'm responsible for keeping up Ruffennach said. "Ms. Miles. Ofl through the years, Miles said. ThO with the land and protecting it," fered to show him where the cave came, she said, from Texas border said Miles, who considers herself a was." states where slavery was allowed, fledgling environmentalist. "They If the Corps determines that.the following vague directions from taught us as long as the family stayed connected with this land, cave has historical significance —it "guides" stationed along the way y will work to preserve and profit and trekking miles upon miles we'll always be well in life." the cave as it does for all hist&iai through unfamiliar land to get to The cave's legend was indeed a sites on federal p r o e4 what was then Roanoke. They used well -kept secret, according to Ruffennach said. p ns' creeks and other landmarks to find longtime Southlake residents. Miles, who learned most of 1Ao their way, Miles said. It makes a "g y"great story," fror " said she knows about the cavefi%4 When the slaves found the cave,' Elaine Bell, a member of the,; Southlake Historical Society late grandmother and a late', the story goes, they waited for y whose said she considers the story Jones to arrive with vegetables research never bumped into tales of history." ' from his garden, biscuits and jars of runaway slaves in this area. "It , A mother of three Miles . s preserves. Jones, a "freed" slave could be true, but it might be noth- } and the son of a white slave owner, ing more than family hearsay." energetic, knowledgeable wo P& Southlake Mayor Rick Stacy, and a "history buff" of blac:� lived about a mile from the cave, y . y' tory and other areas of inter. , Miles said. who visited the cave yrith friends as Young Jones took food to the a youngster, said, "If it's indeed said Betty Sandley, principal off true it probably needs to be reco _ ella Merrett Elementary. cave daily for six years, starting at nized. p y g Miles said she grew up in: age 10, Miles said. Singing Swing Worth and has been visiting, fhe Low, Sweet Chariot, he let the The process of acquiring a his- Southlake cave since she as was afrirw slaves know that a friend was ap- torical marker should take about a SoufantShe said she has a sp aft-at- proaching and . that it was safe to year, Miles said. She must gather tachment to it. come out, shes said, and the slaves documentation, and write. a narra- , would stay long enough to regain tive about the cave and submit it to Each week, she laces up her ath-- their strength before continuing the state and .na;tonal Wtoriqal: letic.,shoes and hikes through brush their journey to Mexico. commissions, The agencies will in- and trees to the cave, picking up Jones, who lived from 1850 to vestigate the zepprts,to determine trash, bottles and cans along the J936, concluded his work shortly whethek here r~ u st should 'be way. When she arrives, she looks after it was announced that slaves granted. out at the nearly dried-up lake bot- were emancipated in Texas, Miles Miles said she hopes to;gain sup- tom and remembers the way the said. port: from lake side cities, area uni- area was before the lake was built. His descendants still own a cou- versitres and the U.S, Army Corps Poking around the cave, she still ple of hundred acres near Lake of Engrneers whrch`-owns.,the land marvels at orange- and green - Grapevine, )tfiles said. Miles owns the gave is on: Shelgaid she believes colored rock that has been exposed 25 acresm Southlalcx ,and is p epar- the corps should ,help with prefer--''� to mold and moisture, and at the jng fo build a 6mehere. vation efforts because the cave was �tige spiders that make their home Miles; arr'Assistant. lrincipal at exposed when LA) Grapevine was. there {y Luella Monett-Eldi iehlary Schooi built in 1952 for water supply, flood Her fascination stems from the in Fort .%f th who is retiring at the ,_ .control and recreation. idea that part of her roots lie there. end of the;year' said°she believes it "Before the lake was here, it was "I'm a part of Southlake, and is her duty to Argse vdAe cave.— - hidden and protected," she said. Southlake is a part of me. I suppose something slie thins. she Bari do by Corps officials said that Miles re- I'm its oldest daughter," she said, divulging }ter secret: Miles said she> � a Gently informed them about the declining to -give her age. NEWS CLIPPING Pnoto by Donna Stennla Coy. Happy birthday to a special `youngster' by Donna Stengle The city of Southlake will cel- ebrate 40 years of townhood with a birthday party on Sunday, Sept. 29. The entire city is invited to Bicentennial Park from 1 to 5 p.m. for activities, music, refresh- ments, a bicycle parade and a spe- cial presentation by Mayor Rick Stacy and other city officials. The event will be a kick-off celebration for a whole year of commemorative activities. "Our goal is not only to cel- ebrate this year, but every year hereafter," said Tracy Southers, public information officer for the city of Southlake. A 14-member committee in- cluding Stacy; Southers} Shana Yelverton, assistant city manager; David Lieber, columnist for the Fort Worth Star-Telegram/North- east; several SPIN representa- tives; members of the Southlake Historical Society and Keep Southlake Beautiful; Carolyn Sims, director of the NorthEast Tarrant Arts Council; Coy Quesenbury, pastor of Lonesome Dove Baptist Church; and Candace Harris, wife of City Councilman David Harris, will plan and coordinate the events. Some of the activities planned for the birthday party will be cro- quet, horseshoes and a children's bicycle/tricycle/Big Wheel pa- rade. There will also be clowns, face painting and a bounce house for the children. Music will be provided by the Lake Cities Band. Albertson's will be donating cookies and lemonade and Kroger will provide a cake spe- cially decorated with the city's logo. The cake will be large enough to feed 250 people. Throughout the coming year, the city will continue to celebrate with a Christmas party, a city fair, a special dinner, a logo contest and a commemorative poster. In addition, Aloha Payne, working with the Southlake His- torical_ Society, plans to assemble a 40-page book telling the history of the town and the area. Although Southlake is celebrat- ing its 40th anniversary, the town's history actually dates back' 1.50 years. Southlake was officially incor- porated as a town on Sept. 22, 1956, when voters approved in- corporation in a special election. Only 30-people voted in favor of (see "Birthday, "page 2) Birthday from page 1 the proposition, while 24 opposed it. With the passage of incorpora- tion, 1.62 square miles of land became the city of Southlake. The original town consisted of prop- erty located between FM 1709 and State Highway 114. Southlake's size has grown since 1956 to 21.5 square miles, making it the third largest city in terms of land area in Tarrant County. Recent estimates put the city's population at 14,950. Al- most half of the population has moved to Southlake I within the last five years., Eleven mayors have served the town in 40 years. All but two are still living and will be invited to participate in the city's birthday festivities. The upcoming party on Sept. 29 will offer a good opportunity for old and new Southlake resi- dents to celebrate their town's prosperity and to learn more about its interesting history. City officials are planning the event with the assistance of cor- porate sponsors and community volunteers. Sponsorships and do- nations are still needed. Anyone interested in helping can call Southers at 481-5581, Ext. 819. 9 PI 9 ls� ii A bA cn Y rn y � O 0 o 3 > so,o ° Z ° E b N�0o0.N� Y E co o „s "t3co m co O V O E-+ ct v sU. 3 z cC c aroi co cc ri a, cl . 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U CJ Le NEWS CLIPPING Source: Date: 1 1 3 — Historical society will not become history Mews and Times The Southlake Historical Soci- ety, organized In February of 1992, will meet at Bicentennial Park in The Lodge on Sept. 26 at 7 p.m. After two years of inactiv- ity, the group is up and running again. The program for September is one all members of the commu- nity should enjoy. Dave Lieber. columnist fOr the Foi � orth S:ar- Telegrani and a member of the SHS, will be presenting his "Dave Lieber's Look at South - lake Past, Present and Future." With "Happy birthday, South - lake" under way, SHS' goal as a society is to have 40 pages of %written oral history readv by the fittai ccIcbration in of 1997. The group has also promised to find the oldest house and the old- est resident in Southlake and is asking for help from the commu- (see "Society, "page 3) Society Sept. 16 at 7 p.m. For additional from page 1 information, call Elaine Bell at 481-1117 or Aloha Payne at 481- nity. Watch in the mail for a ques- 7134: tionnaire from the historical so- ciety or call one of the numbers listed below. Since one purpose for the ex- istence of the SHS is to collect and preserve the history of South - lake, if anyone has old records, manuscripts, photos or letters that you do not know what to do with, please let a member of the soci- ety know. The SHS will be will- ing to copy old photos and thinks of its members as the custodians of these much needed and much loved records. Please join the SHS at the lodge in Bicentennial Park on Monday, ° � E L •4 i > Y O E Ucz _ as v 1 .� c y. � •'� � 0 y ' .Li U y ate.+ O O O to 4 30.. "G ao > ^ ' "a �� cG .� A U U O U . O = a� U y c H o x w O 'c �° cn O H rIl .°? con A V 0,0 c O ca co-N ccd 0 v, U M 2 H�� H 0cz o C w A N bU 4w b .> O •> O M ,.�.. > p� .-r c0 .� 4�U. O al . CC °' is y � '"" .�. a� _ PONRS 0- M o�,xH - �� ca (DrA - b � in. CL cz �+ i.. A� "C L . ^ i+� 0 .0Wa. win ..fir .0 W " w ^d �• � � 0 ' � N Q �+ a+ • fA � % y ci ri/ O O > 0 O 4, O UCCCO w ^ N -c ., ^ N cc ~ v, 3 U P U U W tb ej Y V g � o r � H�•��.5 i-a-� � � cC � L U •f' O O III C U>> cc > U cn ct y � z Q ; 0 Z H u ° _ U ° - ^ ^ U 3 A NEWS CLIPPING ,Source: Ft VV 0 Y-4-h -Sta r Tf, (.-eq VV_*Y) Date: q - /,;L II 21 NE Taman s, pear Me 'iciol; Star -Telegram Twenty-one students at Northeast -Tar-,,-, M9I�hhNia- 11,!e j8icqhh4 rant , St f�p i e e y.high Schools d 'The S,hA�F,jomq an - , E 1 named_re� gser P.., gram- -makitiW 4kx cmrr.�d t 12 q_ 0 0* hi jr— .— "AF%;t-6 WL a bildre Of ;Idcollege scholarships. Brydie L Ar .:Na:Ppawide W J en n f9'r Li,u!MichaqISAnamedsemifisemifinalists. More than JJ !", r. lion Students in 20,000 U.S. high Grapevine entered the competition by taking the Grapevine 1995. Preliminary SAT/Nati.onal' Nferit:".. Nickolas L.E Kathl Qualifying Test. E, :, - _. . . , LC These are the local semifinalist 7 X NEWS CLIPPING Source: �+, WDr+h S•tQr Tel-fA ra-en �o� SOUTHhAKE Date: 9- I -_JL- 9(0 Southlake children enjoy many fun -filled options Bl" Jo VIRGIL s"e 1:u:h. 5-Te:egn Children in Southlake never need to look far to find some- -thing interesting to do, whether it's learning to design their own Halloween cos- tumes• perfecting their in -line hockey skills or participating in a slew of activities. - "We have a lot of things to keep kids busy," said Kathy Schaeffer, recreation supervi- sor for Southlake Parks and Recreation Department. The city. will offer a variety of Sat- uoday classes this fall for chil- dren interested in art, science, crafts and costume design. During the week, the city provides after -school programs for children at Durham Ele- mentary School and Carroll Middle School. "We run our after -school programs kind of like a camp," .,Schaeffer said. "The kids get to work on arts and crafts, games, drama, karate — things 11ijce that." This month• the rust Friday Night Hangout at Carroll Mid- dle School will offer football. basketball, video games and ot4ir activities for children ages 11 to 15. Southlake Saturday Nights are more structured evenings planned once a month for third- to sixth -graders and seventh- and eighth -graders. °Activities will include limbo -and dance contests, karaoke and occasionally a disc jockey. Children and teen-agers interested in team sports have a healthy choice in Southlake. This fall, the city will offer indoor soccer, in -line hockey, Tara Hutchins leads after -school activities for Southlake elementary school students. basketball and flag football for kindergartners through eighth - graders. Area sports organiza- tions fill in with team play for outdoor soccer. baseball, soft- ball and tennis. "Our junior team tennis is like Little League for tennis players." said Laura Suarez. president of Southlake Tennis Association. Players ages 8 to 18 play team competition and participate in revolving drills. Southlake Girls Softball Association will play in the fall for the first time. associa- tion President Debby Orzak said. "It has been really popular." she said. "We have signed up 22 teams so far." Children can also explore Bicentennial Park and its play- grounds at 300 N. White Chapel Blvd. Adventure Alley. an all -wood playground with tunnels and mazes, is a favorite. Schaeffer said. and younger children enjoy the tot playground's smaller swings and equipment. Niuwa ik: SOUTULABB Boys younger than IS: 902 Girls younger than 15: 821 Married couples with children: 975 Stay-at-home mothers: 39.7 percent Children living with one parent: 188 Families in poverty: 29 Children living in poverty: 79 Source: U S. Census ER 3 LL O cn IN z a U 3 y i C. •LT N Q .. C O . 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Pat Nimmo Riddle NORTHEAST PEOPLE Southlake 'struck by its xisingstar,:,N Family and friends of Thad and Beverly Harden of Southlake ,,._; ,. enjoyed their own private sneak " preview Aug. 29 of The Spitfire ',, ' Crill, which opened last weekend., in area theaters. Marcia Gay Harden, oneg4 stars of the moviq, is the mid child of the Hardens' five Marcia Harden who mam J July and lives iNen}cetf; ch Calif., plays Shelby Codor" of three troubled women who better their lives after becoming friends in a backwoods town in .. Vermont. More than 200 family members. and friends attended the preview�at `Tinseltown in Grapevine, Beve- ;Harden said. "We have a lot of04 family in the area." The film's distributor, Castle Rock Entertainment, picked up the cost, Harden said. "I was just happy to get so many people together. They bought their own popcorn and drinks. Fortunately, a lot of;" :people left saying they were coiig back to see it again." One of those present was veterinarian E.T. Skidmore, tS of Euless Animal Hospital and ` longtime friend of Thad Harden. Skidmore said he enjoyed the show tremendously. (More on RIDDLE on Page 8) - i �0 � 3 a o '0 cc O x o�°gO'00a9°_° Wr" ►.4 X. u GO Q y • ,a •o •0 c 3 ai V O ` rc� eaa 0 ii u in. a0 U� z4! -M xc'a M y � y R'. O�•cC u h uAti� u �,o,axou.��•c� y u o c" C O00 y u 'v•��uo- x w "•� 3G0. wy. fA41 .4 W �x �,a•Ux�Nx � •�y � � '' -' � � ,emu « � U . 1Qy .:i U •� C .0 '�.� U • � j,� QQQ 'wy W ,... y._ u . Q �w^�' w^ x C O O �5..�4 y .O O •v •� ,i1 PI PI u E a U 3 m L .0 U W tY N >•�•C ^ �(oLn M �� v^r° m 0 0C.) "Vc E ccT4C �� c O U C .. �� C V LD 00 cn 0 .0 X— E ... I ,w > En oca c o co .0 j. mW o �M r �'tc?, �_ o c mmtiWC7==�CZLf) U- 3 m� o a� •�� � o ° � ° rA > O C O u co P., /ca� O ti w O Li. C� $- y cc o N O v ° •� 0' .� .R Y to,v U. •„ a a'.� m �, e>4 od y vi U &. a d= a p, ui U y N U> G U �' w.. 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R O CAD CD CA C�D (=D C7L C CC GSpO�-��� On 1wCD r CD a - CD � o p' O' CD' '+ Q O CAD CA CD O CD CD Co ? � N y CaD 9 [j , •� O CD pr O F a Co CD ?y � Oo cr 5 a 0, CAD � p O 5 fD C 5 0° y o •» '17 - y CAD cnCD o ~, o ac-y c�D�e CD o a ar a?: m m o a CD o 'd yr CD co C°, a H 2. d A x CD r CD CD R CD CD y CD CD umo CD O_ O O CD r r CA G G. O � po �' � CD CD N C�D �, O A� G. Q C0 CD CD p O Q. CD 'gyp• pCD CD 0-3 " CD N �• y co c 3 _a, Go cn CD CCD io c. ¢ O pIr CD CD �CD cS�OFif M C c C/. rA Co = COL '+ c 5 C w w Ov CD � c'Co p ° m o Co c a°o < C D� J �• " J. rt J t ? C PC 9 NEWS CLIPPING Source: Wh -T-e- { Q,V} Date: 9- \J E D I T O R I A L S Carroll Bonds CARROLL SCHOOL DISTRICT trustees have put a low -calo- rie, nonfat package of bond projects up for voter approval this month. The $44 million package is a sensible, necessary approach to meeting the needs of Carroll's fast-growing student population. Early voting for the Sept. 28 bond election starts today. The package includes: ■ $27.6 million for a seventh-, eighth- and ninth -grade campus. ■ $4.9 million in four land purchases for new schools. ■ $2.25 million for technology improvements. ■ $4.7 million to expand the core high school facility. ■ $2.3 million for maintenance and capital improvements. M '$1.6 million for expansion of storage facility and offices. $620,000 for a bus storage facility. The Carroll district, mostly contained within Southlake, is adding 600 students a year. The high school is expected to exceed its capacity of 1,450 students by next fall. The middle school is bumping up against its 800-student capacity this year. The district's intermediate and elementary schools have room for more students but will be full by 2001, and now is the time to buy land for more schools. At the rate that Southlake land is being gobbled up for new homes, now may already be a little bit late. The rest of the package fills in with needed projects to support Carroll's operation as one of the best public school systems in the state. There are no frills like the new football stadium that some local fans have wanted, and Carroll residents will probably have to go back to the polls again in 1999 to make decisions like whether to build another high school. , These bonds will provide what the district needs now. They should be approved. ON is d 0 0° c ° c o R O y pi N C N 0 CD CD 0 E E E 0 o m E ar W d w a`R.. m � pp 'o c W oefp La 0 U L c > mta RcoptR�ao�r ocoiOrco N�ci=+�O+�NE oG R 00m t-aE Ln "tuGo 00cct ; y"N4O`a No�rO > o ow o 0O0co . cc =v�mv�acn�acn w 1- F F- 0 N N d 0 w C C ti cc on O Y y E a+. H 60 y 4' a�.0 o .O y y a> Q O,'y'' R •R 0•' 7i fn 59 a, U J., a cl C C7 bo- to o '° oLV a O u00 oRo�o 3 xa o a) 0 o to G apoe C 0.�° u O ti. R 'LJ O N � c ° o r�.00.c " G. O h co U c° A y. Q 0 a o0 o p a O. 'fl a 9 oo R .d " O °r .0 k �'ce Ga•t= R W '— V 6. 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Job hunting is one of the first steps for many women who leave abusive husbands and enter a re- covery program, he said. "They have this one thing stand- ing in their way," said Huckabee. who has practiced in Southlake for about five vears. "She can't go out and get a job if she's missing two front teeth," he said. "So what we do is give them back a smile." Huckabee said he will ensure that the women can smile without embarrassment, but he won't do root canals or other major restor- ative work. And he also has one require- ment. "They have to be taking steps to get.back their lives." Huckabee said. "It's about being in a pro- gram. They have to be willing to get on with their lives." Officials at the Women's Haven said Huckabee's generosity is about more than physical appear- ance. "It's about self-esteem," said Sharon Marshall, the agency's ex- ecutive director. "That's one of the things that a battered woman loses.. "The fact that he's willing to make this donation on behalf of battered women is extraordinary. If more people in the community would do these types of things, these women could get a leg up a lot faster." Battered women can smile again, thanks to dentist BY BETSY BLANEY Star -.Telegram Staff Writer SOUTHLAKE — For women who have been battered by their partners, there often is little reason to smile. Combine the psychological trau- ma b u s em' FOCUS ON: with Health damage to their teeth, and many victims feel even more reluctant to show their pearly whites. But a Southlake cosmetic dentist is helping domestic abuse victims who are working toward brighter futures. The program, Giving Back a Smile, is the brainchild of Tim Huckabee, who in March sent out letters to area women's shelters of- fering free services. One woman, Johnnie, took ad- vantage of Huckabee's offer in July through the Women's- Haven of Tarrant County. Her teeth were cracked and broken from five years of being kicked, stomped and beat- en by her husband, she said. "I felt degraded," she said. (More on FOCUS on Page 8) �I A I~ b .y Z NEWS CLIPPING 11 Source: FWo (+ h S DK Tc) e- o, f a iv k I Date: 9 - (i — er II ✓ART AND COMMERCE — There is an overlap between Rick Stacy's new job as mayor and his regular job as owner of Stacy's Furniture in Southlake. + At a recent meeting to plan Southlake's 40th birthday party, Stacy told how he'd love to paint a historic mural on the long wall of his warehouse. "I hate big, empty walls," Stacy said. "I'd love to paint a mural, but the sign ordinance won't allow it." He could paint the founding leaders,of Southlake smoking a peace pipe with the Indians. Or he could paint the current leader of the city — himself — burning money (his trademark advertising ploy). Either way, it's Southlake history. A A R IA L�l O i N Southlake kicks around the idea of building soccer fields by Donna Stengle More than 2,000 Grapevine and Southlake youth soccer players could be affected if the city of Southlake does not construct playing fields at the new Bob Jones Park. The fields have been planned for several years to be one of the first amenities in the 130-acre park in the north part of the city. The need is apparent by the large numbers of kids who sign up ev- ery year to play in the fall and spring seasons. This fall, 2,250 players regis- tered with the Grapevine/South- lake Soccer Association —a 30 percent increase over the spring season signup. Currently, all the teams must play their games at the only fields available—Oakgrove Park in Grapevine. Oakgrove used to be consid- ered the premier facility in the Metroplex. but overuse has stressed the park. "Oakgrove fields were the fin- est in Dallas and Fort Worth.— said John Levitt, president of the Grapevine,'Southlake Soccer As- sociation. "For the last two years, the association has spent several thousands of dollars each year in additional maintenance to get the fields ready for fall and spring soccer." It is a situation that is causing tension between the two cities. There is some pressure to move -mone, inc. the Southlake teams out of the association, although splitting the two cities is not what most people involved want to do. If new fields are not available soon, though, Grapevine may have to divide the players. The city would naturally provide for its own players first. That would leave out 1,000 Southlake kids. What is the holdup? About 61 homeowners in three subdivisions near Bob Jones Park are, to varying degrees, opposing the placement of the fields near their homes. The homeowners have expressed their displeasure at several park board meetings. "We are trying to come to a consensus with their neighbor- hood," said Kim McAdams Lenoir, park project manager for the city of Southlake. "The fact is, that land was targeted to be a soccer complex. It lends itself well to that use. It is flat, lies along a road and there are no trees to cut down." Southlake voters approved the land use in 1992 when thev Noted to adopt a half -cent sales tax to provide funds to buy land for a large city park. Four lighted soccer fields were the city's number one priority for the land from the eery beginning, said Lenoir. The fields will be half a mile from the closest house, with a 200-foot buffer between the soc- (see "Idea," page 2) 0 Y E"?l t IS, rn U U O v' —' C , zn U U C L6 C O c c r, o o o 3 . °p ° = to .ti ,�, °a ° a� i 'aoi c c -v > o d 0 b Ems- v o --o- 0, :d O N CQ.1 to ~O M 0 O O w �, • «�. O v E60 ovc °b c. a u o °' aci FE N `° �' •6 3 -' o a g -d r., o -o °p ao a� o �+ CA a@ o o. v 3 a; a> r„ +�' s .ti C%1 j R O +�, r+ to +'' .,O V O "a O 3 4" �' _ >> rV- C O 'C O G 4-. O' y cC v p> O° c� O. .- a O V O «s ~ O c" 3 o U' E 3 U ., cn -, 3 a 3 U 4 4. o b �: Gi y d 4r cC RS L " r3 0 h % N Q i. q ° 'A CIS CO p, Q Q Y O G 0/ O cO U O. �. sue. 6. .0'«� O o 7 dj O to ~ (.' i> � 7 o o o (4 o 0 0 -0 o 3 .+ ° o o c 4� 3 .� ° 'u •� c [ NU O y y� ti �blp-o d ..y. .b "V~i w c°) to O O >, 0 o ca a°i 3 o o m'" to x � �. ^0 0 � 0 3 a� .0 c u ty ea �' 'x- oo F � a `� 3 Ln O 4CO a O 7 ai C am+ y O 3 •�'. 3 C '0 '� 4+O M m I C L.43 3 ai o Cd c.-". i . ° o oe°o c, t«. ° o a a L , r:.� a co•-, o > 0 H Z � O � O CO O O m O O oa C O. Q) O L oa Tali � V d Q '> O O C L o a FE It NEWS CLIPPING ILSource: j'`f' •kVOr-}-rl G t O►'�O�M _ I Date: Northwest chilly to deannexation, District cites legal technicalities Bl' YAMIL BERARD Star -Telegram Staff Writer JUSTIN — Citing legal techni- calities. Northwest school district attempted last night to squelch a petition from Southlake residents trying to detach from the district. Southlake's Carmel Bay subdivi- sion does not have enough students in Northwest schools to meet a state -required ratio of property val- ues to student enrollment for dean- nexation. Northwest attorney Bob Luna told parents at a public hear- ing. And Carmel Bay cannot join the Carroll school district, as the resi- dents want. because according to state law the subdivision \yould have to border the Carroll bound- aries. Instead. the subdivision is 162 feet away, separated by a road, said a surveyor called in by the Northwest district to check the bor- der. But flustered Carmel Bay resi- dents argued that the district had incorrectly computed the ratio. The district's count included only the one student who attended North- west schools last year, but there are 12 school -age children in Carmel Bay, the parents said. Rather than face lengthy bus rides to campuses in the sprawling Northwest district, the other chil- dren attend private schools. the parents said. And some residents accused Northwest officials of thinking only More on SCHOOLS on Page 8 1 Schools From Page 1B of the property taxes the district will lose if the subdivision detaches, rather than about what is best for the children involved. Students should be the chief con- cern, Worth Holmes, a Carmel Bay resident, told Northwest trustees. "You're looking at it from a fi- nancial standpoint rather than from where it counts. Put yourself in that bus," Holmes said. The school board took no action on the Carmel Bay request last night. Trustees are expected to vote on the issue this month. Ultimately, the issue may be left to the state to decide. The 16 Carmel Bay families have petitioned the state under a state law governing requests fot deannexation. Under the Texa! Education Code approved in 1995 parents are entitled to ask the state education commissioner's office tc decide requests for school district boundary changes. Parents must first go before the school boards involved. But the state education commission can overrule any decision. The Texas Education Agency said Carmel Bay's may be the first petition to be considered under the laN\. The Carroll school board hearing on the matter is expected to be scheduled for Sept. 18. The sprawling Northwest district covers 232 square miles across mosd\ rural terrain. Carroll, on the other hand. is less than half its size and mostly suburban. Most o1 Southlake is in the Carroll district. and Carroll schools are less than mo miles from Carmel Bay. Residents of other Southlake neighborhoods have said they will also ask to leave Northwest and join Carroll schools. Of the 30 people in the audience at last night's public hearing, about a dozen were from Carmel Bay and others were from separate North- west neighborhoods. Angela George, who lives in an- other portion of Southlake that wishes to detach from Northwest, said she and her neighbors are also dismayed by the long bus rides. "We've been toying with the idea for a good six months. We don't want our kids to ride three hours a day on a bus when they can ride bikes to school," George said. PI IC AA � � § � $ ° '/ k / - \ 0 / oc / k r / / / •� \ 2 § © c > k / � ;. a a § 1.0 § aCO > ° E % 2 -0 a 2 . / / § / § 0 COG _ > _ u u q in. r 7 2 3§ /_ a / � � � � � \ / C', x / e� ° o � o u = as �' § M k / & a k 'u ƒ k § ƒ > _ u / � 0 ) " o < _ 2\ 7 . PON* _ 2 6 e F- . • .� m / / \ t g 2 / k � cd c — /.\./ ° k -,:3 -j 0 iD wLn W *now < 0 0 L3 S T3 p O 0 y 0 A CD OQ CF .. :+ to 0. 0• w to A O A: A CD ,^ c(D N O' Eli uQ .�• A CAD NCD _ w CD 0. y y O n „ti' N 0. O O "Ai CD rid w o _ 5 w _ .� �' � a.t-- w w O 5. 5 ACC A CD w X. CD CD G N W .n O O CD 'O O O y p A A< CD O CDrL no .O•" �' .: CAD �< fxD v'O. �D iD "N' co o n i N O O O^ �. (90. a 00 G y< O €� O•' v,' .y' < CD ai, n.. ,+ CD O C w A �'. 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CD O ' A Q' C/1 (D w 0. 10 ID 'U ti '+>• ncep r• H :-; w0. _. -5 O CD A> CD O < cAD < A `"� �. vO, ?; O oo Oo m A p 0 p �, �• •AA7 �% O Or:. `� A ct G to '5 n a c° C CDCD ° is y' �.' rj_ cz. n n Source: t—+ kinr NEWS CLIPPING Ar 14PA e--a C a yv-\ Date: q - (n I Southlake may rezone airport for subdivision Star- rele¢ram SOUTHLAKE — The Planning and Zoning Commission voted unanimously last night to recom- mend rezoning Goode Airport and adjacent property to accommodate a proposed housing subdivision. Plans for the 105-acre subdivi- sion, to be named Southlake Woods, call for 128 homes on lots ranging from 20,000 square feet to 1 lh_ acres, officials said. Philadelphia -based Toll Broth- IN ers Inc., which has a regional office in McKinney, plans to develop the property in three phases in the next six years, officials said. The matter is expected to go be- fore the City Council on Sept. 17. Construction on the property southeast of Davis and Southlake boulevards could begin in Novem- ber. The airport is believed to be the last private airport in Northeast _ Tarrant County. A A z 4 a 3 U t7 O C o $ 's 4 b 1 o y w m -0� �. cod , aoi o. c axi 0 i�'I aoi a o -0 � '° � 0 � O y.0 y GO'o o ets y O Q b G C co .0 .^� o ° a. � � a y aoi ns U ° 0 i"° = °'.� ° y0oa� a0bo Ina =to � o 0 0 � �co Z ti ° Q- O a1 0 0 ° cz � t �' C O C U-0 .f '- 6. 0. Eli �. �' O W fJ [ U . C,7 fJ cC cS M. C C. G. v, i c. = cC G, F O v Ln C ' •rPO4� ra s m� ca �° °_4 U m .° a >, a O e s c °: o � � c c on �a °� L a o F o a �" w 0 >, o. „ s o o v a3i s oN c, s o G° r ° r- G cz .2 Ln° .2 ai W �.: c z c ..� c � � E•� o p y' cAD 'cy °; p i►OC. 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L o ig � O oCn N p - n y CJf c�CDr �AO w cn '_Op G7 CA m CL 'G`C o,aac� tz nycoy c m ^mco y � X°CD3 CD CD ,� QO O AN uo D nW - wCD G9 cO ry n A (D O Q o troy ° o fD ° Q< CD 0 O O v lD O� - (D p, OQran cm O K CL Gy l9 A� tipa.Q yR QptcO rn 00 N a? 'O CD A G o 00 ry D 0a= r_�-n noM A r7 =. O G- Dy'�o GrS`3 m CD w = cr oQ d' o 0o cD c cD 0 � N ti a- X O O- p r fD o a 0 N o v p a C n x O 9 PC 9 NEWS CLIPPING A OR NEWS CLIPPING A up 2R cis a V ti 4. 0 F1 z a a J C4 W z r o 93 99 O O •P�''...i a oa a► a� a� a U s 'd mQ °d•� � C cc 0 cm ac�eo`~Q� e�wyllD0000 eao�ao 0 it ova '�• � y 'ab � o� cl C O i�'„ao""aOOa� CL � � V j toO� .� 0 tko d 0' 04 a b.:� oVe A Source: NEWS CLIPPING Date: Speaking Of Toastmasters... The Southlake Chamber of Commerce and the City of Southlake are cosponsoring a Toastmasters Club, the worldwide organization dedicated to teaching and improving communication and leadership skills. The club is open to all residents of Southlake and the surrounding communities and to city and school employees, and lo- cal businesses. Meetings will be held every Monday morning at lam for approx. one hour in the Southlake Community Center at Bicentennial Park. A typical meeting includes a brief club business discussion; table topics, impromptu talks lasting one to two minutes; and prepared speeches, various topic ranging five to seven minutes, but with specific communications objectives. Each prepared speech receives a con- structive evaluation by a fellow club member Program assignments are rotated among the members, so each person is given the opportu- nity to speak, listen and evaluate. For more information, contact the Southlake Chamber of Com- merce at 481-8200 or Tracy South- ers, Public Information Officer of the City of Southlake at 481-5581, ext. 819. h �I A 0 NEWS CLIPPING 11 Source: '_\C ''n 4 \ I Date: q 4 Outstanding Attorneys photo by Justin Mellen The Grapevine/Colleyville/Southlake Teen Court awarded 5 out- standing teen attorneys with scholarships ranging from $200 to $700 recently. Shown above are Ryan Cernosek and Amanda McCutcheon. Other scholarship recipients were Kelsey Roberts, Jennifer Vaughan, and Corey Clay. The scholarships are made possible by donations from area residents and businesses, including: Blagg Tire, Janice Kane, Gymnastics Plus, Jerry Pittman, 21st Century Mortgage, Ted Ware Painting, Town Talk Infoline, Claffey Pool, Hutson Enterprises, and C. Carrington and Assoc. Parks expected to use the recreational fa- cilities nightly during soccer season. The proposal also calls for hiking and biking trails. a water -retention From Page I and and arking lots throughout of Forth White Chapel Boulevard will be presented to the City Coun- cil and will be subject to a public hearing. "Nothing is set in stone. Even once the plan is approved by the City Council, it is still a working plan," said Vicki Johnson• vice chairwoman of the parks board. The park is expected to take about 15 years to develop. Existing plans call for 14 soccer fields, four of which would be lighted. near the southeast corner of Bob Jones Road and North White Chapel Boulevard, across the street from some homes. An estimated 2,500 children are as w Qyv ?;?` O <V O o y CD o mCD CD CD CD O =ay �, CD ;P1 Cr CD 0 0 El CD 0 0 w Vl OGO y O•• O d pt O' O �• o• � O O O o �< 000 -Co oQ ¢ y 'A ~ O o f w° Co yr ;, coo ado 0 ? a?, ti p O ° Ell am CD 0- m y, ti d tz avo ao O O ►s C. C rT 0 0• p P the park. One lot for up to 30 ve- hicles would be built at the end of North White Chapel Boulevard• next to a subdivision. ..I'm just a stone's throw away from it," said John Thompson, who lives off White Chapel Boulevard and worries about additional traffic by his home. ••I'm worried about it turning into a 'lover's lane' or bik- ,:rs' roundup spot." A key con_.:rn among residents is a proposal to put hiking and bik- ing trails near equestrian trails on U.S. Army Corps of Engineers property. That combination might spook the horses and lead to inju- ries, residents say. The residents also propose mov- ing soccer fields farther from Bob Jones Road, and the parks board has agreed to provide at least a i( foot landscaping buffer between the roadway and soccer fields. A buffer would also be established. between homes and baseball fields, said Kim Lenoir, director of parki and recreation. Determined to have their ideas heard, the neighborhood commit- tee intends to speak during meet- ings of the Southlake Program for the Involvement of Neighbor- hoods. Meetings are scheduled for Sept. 24 at Bicentennial Park and Oct. 2 at the City Council cham- bers. Once the parks board has com- pleted a plan, perhaps within a cou- ple of months, the city's Planning and Zoning Commission is ex- pected to consider it. Members of the residents com- mittee say they will ask the City Council to reject the plan if it does not undergo significant changes. - "Our hope and desire would be that the park board would listen to some of our concerns and at least meet us halfway," Anderson said. "Right now we feel like we're being stonewalled." - x d NEWS CLIPPING Source: r-t. K ff -f n I e I f CaC C j N1 I Hate: Southlake residents air concerns on park plans SOUTHLAKE — A handful of residents went to City Council chambers last ❑iyht to express con- cerns they have about plans to de- velop Bub Jones Park. Preliminary plans call for 14 soc- cer fields, four ball fields, a multi- purpose arena and equestrian facil- ity, hiking, biking and equestrian trails, nature center, day camp fa- cilities and an amphitheater. Some residents said the city is trying to force too much into 130 acres of city land and surround- ing U.S. Army Corps of Engineers property. They 'also oppose the proposed location of certain ameni- ties, such as soccer fields — four of which would be lighted — that would be across the street from nu- merous houses. "We're attempting to work with the park board to find a win -win sit- uation," said Susan Scott, a repre- sentative of the Bob Jones Park Residents Committee. About 15 residents attended last night's meeting. Mayor Rick Stacy said the city is working on a plan. Master plans for, Bob Jones and Bicentennial parks will be pre- sented to the planning and zoning commission next month, said Kim Lenoir, director of parks and recre- ation. -LESLIE HUEHOLT w Y 1 i.l p 0a0. O 0 Aln :,R - o 0 R Y a`"i d0 0 U�y+ Q R 0== w C .+ � ap w p C as 0:6 Y y a a> ° o In Q M Y r, N V w N ccd «'. 0 a'"i cv m 9 a Y y ' o VL o-vcc co O 5 .3 .S ¢�°w'c�a°'.c i O• M 4Y O O' Z �+' 4. 2 co 5 W a, cc 2 Ua, mow, o0 0 GO ° o c°dMc=i3 Ec>° rw =lo- co z Z -> c"a "0 ._ E y U< TJ C CC,,, R V1 m w GO u Y O C ZO a ;�, � . u O, � •� O O 4. Zlu cc Rn in .v R 0 .� U .a: R H I a.y �k w y c,D w o wq�000h�•w OM � = °. Y $ ,�. CD o -9 A � � �r o _ r. O* cD aC cD ,Oy O w 6- Cl rA QQ CCD G��.: c' wp^..� 5��� �' y coo 0 CD CD CD ._fib cDC'j w �• CD " CD ,p O n ,� n CD rA .. '. o oo'� coo00cr coCD �o Y a� n-o c CD °,�•y [f },� �w CD w ti CD C CD CD �• O O p w O . w H y O cD O w QQQ CO y O p'� ' N tD .�. . 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G < 3 .✓y v, Q C <. .... r1 N v: '� R C G O ?'Op C R 2 p C G, Ate••.' y ay G ry C r v m �. v c G ac G c r v 0 n fD a f) w S O s w CD0 CD �aw�o y � c � A' C, CD �o �aC f ".cs O 0 w O f3. fL y CA y c0D 7 y G N y y 0 S gr w p Iwi a v w oo y a ^o � a f C ° = o �' v O•' Q' QQ w w w• w ?O 3 =•O O wee O X� = cD O QO CD C lD S] w V 7 y c- S 0000 in0.►�G aw =^0 PC 91 A NEWS CLIPPLNG (I Source: , �� I 1 �h J ,� �� �C� Y Date: G _ S _ � � 11 NE TARRANT Daybook TODAY Early voting begins in the Birdville school district on a $83.3 million bond package to build a high school, expand elementary and middle schools, begin full -day kindergarten and open an athletics and arts com- plex. Election is Sept. 21. THURSDAY SOUTHLAKE — A proposal to build an office plaza will go before the Southlake Planning and Zoning Commission for a decision on a zon- ing change. About 300 residents have signed petitions opposing the change fo,. the Southlake Profes- sional Plaza, which would be built south of Southlake Boulevard near Timberlake and Lake Crest subdivi- sions. FRIDAY First Friday night of high school football SATURDAY Hundreds of students from Belt and Trinity high schools will march from 8:30 a.m. to 3 p.m. in the annual band Marchathon. Band members; will begin their march and music & their home campuses, then the two bands will meet at Bedford Boys Ranch for a party at the finish. The event ra?uses money for the l9gh. schools' band programs. I e- � ob e Z wcu� .cY m ew0mpgo �w .rya] w O wtu.. up`LcA E O c u v 'v. a . 7 i• v L•3a- m yoL W c u my ca,>dn'°c o° a my Wm u E° vN c�QE�amoac L E c> 0 10 m 3 W m ` L$ 7 0 U6� W o �y cc E S� mto W Eyocd eoo°>LVda°W`v N N� W vim• E 3c .0 Q _�$ ono _Tcc wod hE_� "No 'o_O'ou � �>, Low �c•n'y'-�'u,, �u U= L w C o w'II GU RLL C -a H C u o i° L U �= L c u o 7 C C L E E G CQ FR, > C T T` U E C E E uuc 7y�e u^u�ooeo-3 u�L .0 C l v U G C 25 `> 6j 2 Z 6-5 > cj Eu c c c 9 u G, fj .z Er = u ti v E r- u` N 7 E o L= rc+ = o u o u �j u .E a= R �' V yw N •C v h u u 3� YR Gco n > uE � CuI OL cvl.0 c > •o Y U C .o u •ti �°. W ri r Y u a'- TL u ei > u u— 4 �` C u v. Q E 3 L if. ,m �• d u> , a R v u C mN ursclL u u u RV,, u C.LIC c c v Y 3 3 A O �t>� c E Y :jam 7: r=L iYv Source: Lq NEWS CLIPPING ) Svr\ Southlake considers land swap Staff Report Southlake —.The vacant Food Lion store in Crossroads Square shopping center, located on the northwest comer of White Chapel Blvd. and F.M. 1709, is still in the planning stages of expansion. Developer David McMahan of Pima Properties has asked city officials to consider exchanging two tracts of land, in order to accommodate the expansion of the store from 37,500 square feet to 59,500 square feet for a leasing Tom Thumb grocery store. "The council is amiable to this land exchange," confirmed City Manager Curtis Hawk. The city owns land behind the Food Lion portion, extending north into Bicentennial Park. The land is roughly 51,000 square feet. McMahan's land, approxi- mately 69,000 square feet, is on the west side ofthe center, adja- cent to Bicentennial Park. "Right now, (McMahan) is preparing a revised site plan and plan to rezone a portion of the other property," said Greg Last, Community Development director. "It is yet to have a final approval." Upcoming discussion of the land exchange is set for the agenda of the city council meet- ing on Sept. 17. said Hawk. Date: � - � ) 01 f/1 n 1 If 1; _M ID CD o to Z cDID Co o p , fD `.� .. Z CD o O.p� G7 p p✓ O A C 07 W d O ¢7 'O `� CAA i�v' e-► (D 7pQ r go ID CD 1.01 eOnr r p 8 �• A' y cp rr(D IDID Amy �A ►t ...m•o �y ID 0 ID 40 A �• r7 (Op• ►�S' [� r CAA p .7 e�* (CD 9 (� ID go p m CD ►s C� .. � -01 $M p, cD a pco a- 'd p cD ° .. C o �' co o iD m �Q'mC...�D* �� Qv0 CA ova o �• o,90. pIL pw oo� QDttaw �p cp —, oD p ao o �, ° w o� c� p m p e� yow C �►ojcksCD a 00 ,5. <D OC! QQ p � to �--• �• �� p er* a' C+ Mm �° ►°��+'10 0 CA `C ¢• p � cD � C) �P w L. Ic PI i NEWS CLIPPING Source: ) e� l 6 �_,)un I Date: 9/ 1- q I y/ M 114 update Southlake City Manager Curtis Hawk traveled to the Texas Department of Transportation (TxDOT) in Austin on Thurs- day for a Texas 114 update. "That portion of the agenda is postponed until Sept. 26," he said. Since the Metroport 114 Part- nership's presentation in Austin on June 18, TxDOT has re- sponded by letter to the city stating three points. The Dove Road interchange and a portion of the Roanoke Bypass frontage roads will be included in the 1997 Unified Transportation Plan to be pre- sented by TxDOT for funding approval. If funding is approved, these projects must be included in the 1997 Transportation Improve- ment Program by the Fort Worth District staff before construc- tion starts, if the district staff approves the projects. 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I F. w o CITY OF SOUTHLAKE SALES TAX REVENUES six year comparison 1995-96 revised collected budget balance budget to date balance percent S1522,130 $1354.263 $167_867 11.03% YEAR I YEAR % Inc YEAR % Inc YEAR % Inc YEAR I % Inc YEAR : % Inc MONTH 90/91 91192 : -Dec 92/93 -Dec 93/94 -Dec 94/95I -Dec 95196 -Dec October $44,081 $46,131 6.0% $50,956 9.0% $99,408' 95.1% $89,951' -9.5% $128,689 43.1% November 37,1I7 27,929: -24.8% 42,126 50.8% 5.0,623 20.2% 52,099 2.9% 111,917> 114.8% December 28,464 33,273' 16.9% 33850; 1.7% 70,155 107.3% 67,243' -4.2% 103,975 54.6% January 47,106 40,012, -15.1% 67,713, 69.2% 106,5411 57.3% 95,687 -10.2% 140,362' 46.7% February 22,487 40,106' 78.4% 39,351: -1.9% 57,839' 47.0% 68,015' 17.6% 95,269' 40.1% March 32,955 37,488 13.8% 44,176: 17.8% 59,378I 34.4% 56,600' -4.7% 103,163>' 82.3% April 41,445 57,543 38.8% 68,664` 19.3% 87,438' 27.3% 88,212 0.9% 137,030' 55.3% May 36;b2.7 1F1020 12.0% 54,023 33.2% 5j8,291:: 6.7% 81,109' 39.1% 109,371< 34.8% s June 37,894 43105' 13.8% 52,027 20.7% 59,577 14.5% 83,253, 39.7% 112,317< 34.9% July 47,017 51,357>' 9.2% 80,567 56.9% 94,157 16.9% 135,187 43.6% 179,803'I 33.0% August 35,951 48,731> 35.5% 48,2901 -0.9% 58,980 22.1% 109,584 85.8% 132,367 20.8% September 37,004 42.741' 15.5% 54,395` 27.3% 75,228 38.3% 106,563 41.7% Q -100.0% TOTAL $448,148 $510,036' 13.8% $636,738' 24.8% $877,615 37.8% $1,033,502 17.8% $1,354,263 46.1% SLSTAX96.WK4 REPORT DATE 09/13/96 ' First month of 1R cent additional sales tax. CITY OF SOUT ILAKE SOUTHLAKE PARKS DEVELOPMENT CORPORATION SALES TAX REVENUES 1995-96 revised collected budget balance budget to date balance percent S761.065 S677.131 SR3-934 11.03% FISCAL FISCAL FISCAL YEAR YEAR % Inc YEAR % Inc MONTH 23.L24 24125- J-Dtrl 2& -Dec October $0 $44,975 n/a $64,344 43.1% November 0 26,049 n/a 55,958 114.8% December 0 33,622 n/a 51,987 54.6% January 0 47,843 n/a 70,181 46.7% February 0 34,007 n/a 47,635 40.1% March 0 28,300 n/a 51,581 82.3% April 0 44,106 n/a 68,515 55.3% May 29,145 40,554 39.1% 54,686 34.8% June 29,788 41,627 39.7% 56,159 34.9% July 47,079 67,593 43.6% 89,901 33.0% August 29,490 54,792 85.8% 66,184 20.8% September 37.614 53,282 41.7% 0 -100.0% TOTAL $173,116 $516,751 $677,131 46.1 % SLSfAX96.VVK4 09/13/96 City of Southlake, Texas September 13, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Partial Release of Easement Recorded in Volume 11805, Page 1251, as to 35' Temporary Construction Easement, Affecting 1.3538 Acre Tract in Littleberry G. Hall Survey, Abstract No. 686, on the North Side of W. Southlake Blvd., 907.05' east of Shady Oaks Drive In February 1995, the City of Southlake was granted a 15-foot wide permanent utility easement and a 35- foot wide temporary construction easement for a water line along Southlake Blvd. beginning at Shady Oaks Drive going east approximately 907.05 feet. The water line was completed and the temporary construction easement is no longer needed. However, due to the language of the easement document, there is no provision for the release of the temporary construction easement (copy of easement is attached). In order to remove the 35-foot wide temporary construction easement, the City needs to file a partial release of easement. The permanent easement will not be released and will remain for all purposes, in full force and in effect. Attached is the,partial release of easement. Staffs recommendation is to place Partial Release of Easement Recorded in Volume 11805, Page 1251, as to 35' Temporary Construction Easement, affecting 1.3538 acre tract in Littleberry G. Hall Survey, Abstract No. 686, on the north side of W. Southlake Blvd., 907.05' east of Shady Oaks Drive, on the Regular City Council Meeting Agenda for September 17, 1996, for City Council consideration. BW/ls attachment: Kathy L. Smith Letter dated 08-28-96 Partial Release of Easement Agreement _ Exhibit A, Legal Description .= 5A-1 300 Crescent Court Suite 100 Dallas, Texas 75201 (214) 85S-8888 Fax (214) 855-8848 Direct Dial (214) 855- 8894 REPUBLIC TITLE VIA LONE STAR OVERNIGHT August 28, 1996 Ms. Sandy LeGrand, City Secretary City of Southlake 667 North Carroll Avenue Southlake, TX 76092 Re: Our File No. 96R05284/CR4 Partial Release of Easement recorded in Volume 11805, Page 1251, as to 35' Temporary Construction Easement, affecting 1.3538 acre tract in Littleberry G. Hall Survey, Abstract #686, on north side of Southlake Blvd., 907.05 feet east of Shady Oaks Dr. (Property Owner: FM 1709-Shady Oaks, Ltd.) Dear Sandy: RECEIVED AUG 2 9 M6 DEPI OF PUBLIC WORKS Enclosed please find a copy of the above referenced Permanent Utility Easement and Temporary Construction Easement recorded in Volume 11805, Page 1251, Tarrant County Records, along with a print of the survey of the 1.3538 acre tract affected by such easement. The owner of the property is requesting that the 35' temporary construction easement be released by the City, and enclosed you will find a Partial Release of Easement which our attorneys have prepared for this purpose. For your information, this Partial Release of Easement is the same form which was approved by the City and executed in April of this year in connection with the easement in Volume 11890, Page 531, for property to the west of this tract. We have enclosed for your reference a copy of the Partial Release of Easement filed on April 19, 1996, recorded in Volume 12336, Page 1642. Please submit the enclosed Partial Release of Easement for City Council approval at the earliest possible time, having same executed by the appropriate City official, duly notarized, and the original returned to us for filing of record in the Tarrant County Clerk's Office. Please call me upon your review of the enclosures to advise of your estimated time -frame for processing the release. REPUBLIC TITLE OF TEXAS, INC. A SUBSIDIARY of First American 71tk Insurance Company TITLE INSURANCE AGENT FOR: Chicago Title Insurance Comparry, Commonwealth land We I nsurdnce Company. Fist American Tide Insurance Company, Lawyers Title Irsurace Corporation, Old Republic National ride Insane Company and Tcor ride Insurance Company of Caldomia 5A-2 Ms. Sandy LeGrand, City Secretary City of Southlake August 28, 1996 Page Two Thank you for your cooperation, and please do not hesitate to call if you require any additional information. Sincerely, Kathy L. Smith, Escrow Assistant to Diana Lansing kls:encls. cc: Mr. George P. Macatee, IV (w/encls.) John M. Nolan, Esq. (w/encls.) Mr. Worth Williams (w/encls.) 5A-3 96R05284/CR4 PARTIAL RELEASE OF EASEMENT This Partial Release of Easement is given to be effective this day of , 1996, by the CITY OF SOUTHLAKE, TEXAS, (hereinafter referred to as "Southlake"), for the purpose of removing from the record title the temporary construction easement rights hereinafter described as to that certain parcel of real property situated in Tarrant County, Texas, (hereinafter referred to as the "Land") RECITALS (1) Whereas, FM 1709-SHADY OAKS, LTD., a Texas limited partnership, (hereinafter referred to as "Owner") is the owner of the Land which is more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes; and (2) Whereas, portions of the Land are subject to easement rights granted by Owner to Southlake by that certain Permanent Utility Easement and Temporary Construction Easement dated October 25, 1994, filed of record on November 30, 1994, recorded in Volume 11805, Page 1251, of the Tarrant County Records of Tarrant County, Texas, (hereinafter referred to as the "Easement Instrument") for the purpose of installing, repairing, maintaining, altering, replacing, relocating and operating the 15 foot wide utility easement (hereinafter referred to as the "Permanent Easement") and the 35 foot wide temporary construction easement (hereinafter referred to as the "Temporary Easement") described therein; and (3) Whereas, the utility facilities contemplated by the Easement Instrument have been constructed, installed, fully completed and accepted, therefore, the Temporary Easement is no longer necessary or required by Southlake. NOW, THEREFORE, for good and valuable consideration, including the acknowledgment by Owner that the property within the Temporary Easement has been restored as nearly as possible to its condition prior to entry thereon, the receipt and sufficiency of which are hereby acknowledged, Southlake does hereby release, relinquish and discharge all of its right, title, interest and easement rights in and to the 35 foot wide Temporary Easement described in the Easement Instrument, and does hereby declare the Temporary Easement fully released and discharged with respect to the Land. The Permanent Easement described in the Easement Instrument is not released and remains for all purposes in full force and effect. Page 1 of 2 5A-4 EXECUTED effective as of the year and date first above written. CITY OF SOUTHLAKE, TEXAS By: Name Printed: Title: THE STATE OF TEXAS } COUNTY OF TARRANT } This instrument was acknowledged before me on the day of , 1996, by , the of the CITY OF SOUTHLAKE, TEXAS, a municipal corporation, on behalf of said municipal corporation. Notary Public, State of Texas Notary's printed name My commission expires Page 2 of 2 5A-5 EXHIBIT "A" BEING a 1.3538 acre tract of land situated in the Littleberry G. Hall Survey, Abstract No. 686, City of Southlake, Tarrant County, Texas, and being a part of a tract of land conveyed to Marion Gribble Truelove, Individually and as Independent Executrix of the estate of J.P. Truelove, trustee as recorded in Volume 9667, Page 2315, Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for corner on the north right-of-way line of F.M. Highway 1709 (a variable width right-of-way), said point being S 88 degrees 57 minutes 44 seconds E, a distance of 907.05 feet from the centerline of Shaky Oak Drive, said point also being on the east line of a 0.3299 acre tract of land as conveyed to the City of Southlake as recorded in Volume 11804, Page 0061 of said Deed Records; THENCE N 01 degree 43 minutes 47 seconds W, along the east line of said 0.3299 acre tract, a distance of 110.08 feet to a 1/2 inch iron rod set for corner at the beginning of a curve to the left having a central angle of 19 degrees 24 minutes 09 seconds, a radius of 380.00 feet, and tangent of 64.96 feet; THENCE in a Northwesterly direction along the said east line, an arc length of 128.68 feet to a 1/2 inch iron rod set for corner at the end of said curve, said point being in the south line of an 8.7523 acre tract of land as conveyed to the City of Southlake as recorded in Volume 11618, Page 1326 of said Deed Records; THENCE S 88 degrees 57 minutes 44 seconds E, along the south line of said 8.7523 acre tract, a distance of 273.58 feet to a 1/2 inch iron rod set for corner; THENCE S 01 degree 33 minutes 31 seconds E, passing at 68.76 feet to a 1/2 inch iron rod found at the northwest corner of Lot 1, Block 1, Woodland Hills RSU, an addition to the City of Southlake, as recorded in Cabinet A, Slide 608, Deed Records of Tarrant County, Texas, and continuing along the west line of said Woodland Hills RSU Addition for a total distance of 223.15 feet to a 1/2 inch iron rod set for corner on the North right-of-way line of said F.M. 1709, said point also being the beginning of a non -tangent curve to the right having a central angle of 01 degree 55 minutes 30 seconds, a radius of 5659.58 feet, a tangent of 95.08 feet, a chord bearing and distance of S 87 degrees 23 minutes 42 seconds W, a distance of 190.14 feet; THENCE in a Southwesterly direction along the north right-of-way line of said F.M. Highway 1709 and along said curve to the right, an arc length of 190.15 feet to a concrete monument with brass disk found for corner at the end of said curve; THENCE N 88 degrees 57 minutes 44 seconds W, along the north right-of-way line of F.M. Highway 1709, a distance of 60.97 feet to the POINT OF BEGINNING and containing 58,972 square feet or 1.3538 acres of land, more or less. 5 A-6 City of Southlake, Texas September 11, 1996 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Southlake Program for the Involvement of N Committee Appointments As you know, Karen Cienki has served as the Standing Committee representative for Neighborhood #14 for some time. She has decided to step down since she was recently appointed to the Board of Adjustment. Also, Betty Springer who represented SPIN Neighborhood #10 since the beginning of the program will not be continuing as the representative. She chose not to seek reappointment. As such, replacements will need to be appointed. The attached resolution provides for the appointment of Al Morin (SPIN #10) and Doug McKelvey (SPIN #14). You will recall that these individuals were selected by those in their neighborhoods that attended a meeting held last month. See the attached memo submitted with last meeting's packet for details on the selection process. Recent changes in the ordinance will result in "extended" terms for these individuals. Each will serve until December 1998. Please place the appointment of these two gentlemen on the Council's agenda for review. I will be happy to answer any questions you may have about. SPIN and/or this appointment. PKY City of Southlake, Texas RESOLUTION 96-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING NEIGHBORHOOD REPRESENTATIVES TO THE STANDING COMMITTEE FOR THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING FOR TERMS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council is of the opinion that a citizen advisory committee would be of assistance to the City Council and City staff by providing a more available form of citizen participation in the affairs of the City and to create a forum for neighbor to neighbor communication; and, WHEREAS, the City Council has created such a committee by ordinance; and, WHEREAS, the City Council is to appoint one youth representative, as well as one representative for each of the designated neighborhoods from recommendations provided by the neighborhoods; and, WHEREAS, resignations occasionally occur requiring appointment of new representatives; 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 incorporated into the ly of this Resolution as if copied in their entirety. Section 2. The following are hereby appointed as neighborhood representatives for the terms specified: Neighborhood # 10 Al Morin 1998 Neighborhood # 14 Doug McKelvey 1998 Section 3. This resolution is hereby effective upon passage by the City Council. PASSED AND APPROVED THIS THE DAY OF 1996. CITY OF SOUTHLAKE, TEXAS BY: ATTEST: Ira L. LeGrand _y Secretary Mayor Rick Stacy City of Southlake, Texas COPYI August 29, 1996 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: SPIN Representative Selection Process As SPIN continues to mature, we continue to refine our procedures for accomplishing the mission of the program. One of the challenges we have had, as you are well aware, is filling vacancies on the Standing Committee. Filling the vacancies in SPIN Neighborhood #10 and Neighborhood #14 has been the most current effort. The process worked very well — we had more people involved than in efforts past -- and it seems that this is a good opportunity to illustrate how the selection process has worked. 1) When a vacancy occurs, a letter is sent from the SPIN Chair to every resident of the SPIN neighborhood, describing the program and its accomplishments and soliciting volunteers, 2) A database is developed of the names of individuals who respond to the letter. The responses include those who are interested in serving SPIN in some capacity, or those who are interested in participating in the selection process. 3) Once the calls begin to taper off, a meeting date is set to give residents the opportunity to select their representative. 4) This meeting date is publicized extensively. A press release is sent to area papers, notice is placed on the cable channel, a copy of the press release is sent to the homeowners associations in the SPIN neighborhood, Neighborhood Council representatives are notified. Personal phone calls are also placed by staff and the current SPIN representatives inviting residents to the meeting. 5) The meeting consists of a brief orientation of SPIN, a description of the duties and obligations (including the Ordinance requirements and the Code of Conduct), and a description of the support provided by City staff. The residents are then asked to discuss who they would like to recommend to Council for appointment. NOTE: SPIN representatives and staff attending the meeting do not participate in this portion of the discussion and in no way attempt to influence the outcome. 6) The name of the selected resident is then forwarded to the City Council via staff for appointment. Just so you are aware, the meeting held with SPIN Neighborhoods #10 and #14 had attendance which was fairly representative of each neighborhood, as noted below: Name Subdivision I Rita Pancake Summerplace 10 Susan Henry Summerplace 10 Thomas Essig Summer place 10 Candace Harris Southview 10 Melody Windrow Summer place 10 Tamara McMillan ivlission Hills 10 Chris Williamee Diamond Circle 10 Nora Coon Oak Hill Estates 10 Al Morin Diamond Circle 10 Terri Hitchcock Hills of Monticello 14 Doug McKelvey Princeton Park 14 Bill Flaherty Monticello Estates 14 Lisa Alexander Timberlakes 14 Ted Robbins Southlake Hills 14 Pam Gagnon Southlake Hills 14 Dina Upton Hills of Monticello 14 uuimately, the groups selected Al Morin (#10) and Doug McKelvey (#14). These recommendations will be coming to you at your September 17 meeting. Please note that other participants at the meeting have agreed to participate in SPIN at the Neighborhood Council level. i S <� 1c,kt_ Committee reps to be chosen soon ,News and Times A brief meeting will be held on Tuesday, Aug. 27, to select SPIN standing committee representa- tives for SPIN neighborhoods #10 and #14. The meeting will begin at 7 p.m. and will be held in the White's Chapel Room at the Community Center at Bicenten- nial Park. All- residents of these SPIN neighborhoods are invited to attend and participate in the selection of their respective rep- -entatives. eighborhood #10 includes the —ea roughly bounded by High- land to the north, Carroll to the east, and tracts located just west of White's Chapel. It includes the subdivisions of Summerplace, Chapel Downs, Oak Hill Estates,* Mission Hill Estates, Lake Wood Acres, Southview, Diamond Circle Estates, White Chapel ad- dition, Adams addition and oth- ers. Neighborhood # 14 includes the area roughly bounded by FM 1709 to the north, White's Chapel to the east, the city limits to the south, and tracts of proper the west side of South Peyton- ville. It includes the subdivisions of Lake Crest, Timberlakes, (see "Group,"page 3) Group from page l Princeton. Park, Monticello Es- tates, the Hills of Monticello, Southlake Hills, Chimney Hill, ' Air Park Estates, Country Walk, I Continental Park Estates and oth- ers. All residents of these neighbor- hoods are encouraged to attend the meeting to learn more about SPIN and to take an active role -' in the selection of the standing committee representatives. For more information, call Shana Yelverton at 481-5581, Ext. 705. SPIN Standing Committee Representatives To Be Selected Residents of SPINS (Southlake the Adams Addition, and others. Program for the Involvement of (Please see map.) Neighborhoods) 10 and 14 are en- SPIN 14 is located within the couraged to attend a meeting to area roughly bounded by 1709 to select their respective Standing the north, White's Chapel to the Committee representatives. The east, the city limits to the south, and meeting will be heldlicsday, An- t tract,' of property on the weal side gust 27 at 7pm at the Community of South Peytonville. 'It includes Center at Bicentennial Pa& the subdivision of Lake Crest, SPIN 10 is located within the Timberlakes, Princeton Park, area roughly bounded by Higfiland . Monticello Estates, the Hills of to the north, Carroll to the cast, and ' Monticello, Southlake Hills, Chim- tracts located just west of White's. ney Hill, Air Paris Estates, Coun- Chapel. It includes the subdivi- ' try Walk, Continental Park Estates, sions of Summerplace Addition, etc. Chapel Downs, Oak Hill Estates, For more information contact Mission Hill Estates, Lake Wood Shana Yelverton at 481-5581, ext. i Acres, Southview, Diamond Circle 705.. Estates, White's Chapel Addition, i 'a�.:]xl(na l .Sly 19,199tv SPIN 14 Needs Rep by Terry Fox The city announced recently that a representative will be needed for SPIN 414, located (roughly) north and adjacent to Continental Blvd., between Peytonville Ave. and White's Chapel Rd. SPIN, a program to involve Southlake neighborhoods, relies upon representatives who are re- sponsible for coordinating commu- nication between City Hall and Southlake's 16 neighborhoods. Each representative serves on the SPIN Standing Committee, which meets monthly with city staff to discuss current issues and to man- age the SPIN program by develop- ing policies and procedures for SPIN administration. Four of the monthly meetings are joint meet- ings with the City Council, which are designed to promote dialogue between elected officials and SPIN! neighborhoods by providing infor- mation to residents through meet- ings, producing newsletters, or by other methods effective in the par- ticular neighborhood. "It's hard work, but it's ex- tremely satisfying," said Laura Miklosko, vice chair of the SPIN Standing Commiuee. "We are pro- vided with all the information we need to fully understand what is going on with the City; we are in- troduced to and work with all of the players and more importantly, we have an opportunity to make a real difference in our community. I would encourage all Southlake residents to seriously consider get- ting involved with the program." Anyone wishing to swerve as a SPIN representative, or wanting more information about the pro- gram should contact Shana Yelverton at 481-5581, ext. 705. KSB Trash -Off S.aturday Keep Southlake Beautiful mem- bers and volunteers throughout the city will be out Saturday morning, July 20 picking up litter along adopted roadways. The quarterly trash -off will be followed by a thank you picnic with free food and door prizes from 12 to 2pm at the bodge in Bicenten- vial Park, sponsored by KSB, Southlake Parks and Recreation, and the City of Southlake. There are still many roads or specific areas that have not been adopted in Southlake; for more in- formation on how you can help, call Tom Sandcrlin at 488-7965 or Ed Ltcroy at Ci=-y Hall at 481-5581. City of Southlake, Texas &6 YNeal John Blackburn gel Downs HOA Chimuey Hills HOA t Trail 1003 Chimney Hill Trail '-xas 76092 Southlake, Texas 76092 'epper Susan Craney Crest HOA Mission Hills HOA ;anyon Lakes 1020 Alamo lake, Texas 76092 Southlake, Texas 76092 Waltke Rich Klena Hill Estates HOA Southlake Hills HOA 'ruelove Trail 1305 Meadow Ridge Court lake, Texas 76092 Southlake, Texas 76092 rd McMichael iview HOA inkley lake, Texas 76092 Cole McDowell, President Heatherwood Custom Homes 3624 Long Prairie Road Flower Moufld, Texas 76092 Terry Wilkinson Monticello Estates HOA 930 Parkview Southlake, Texas 76092 Tom Chapman Southlake Hills East HOA SIGN-UP SHEET ONOTuesday, August 27, 1996 � ,,�,4 ®R . Recruitment Meeting -- Neighborhoods 410 & #14 NAIME (please print) ADDRESS PHONE NO. SPIN Neighborhood VlLk<,8LJR_4 WAY' 1*n177w,4ACE /19 A)F 8 l-OQQ /Ly 74 `talc "Or r� i LISA 8e.e &O9 �lin herLAkc.)b9- ds�-�Sa�lc I VaIC77 '4 1.04�_7- F�S/C 0 k �o 3a9-3133)k P f A SL' - 9 SIGN-UP SHEET Tuesday,8u August 27 1996 DIN Recruitment Meeting -- Neighborhoods #10 & #14 NAME (please print) ADDRESS SPIN Neighborhood PHONE NO. ��- o 4-z-l- M City of Southlake, Texas September 11, 1996 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Consider Resolution for Texas Forest Service Grant The City of Southlake has been awarded a $10.000 Texas Forest Service Grant which the City must match at $10,000. The matching funds are available in the FY 1996-97 operating budget of the Parks and Recreation Department. This grant application is to hire a landscape architect to master plan street tree plantings for White Chapel Blvd, Continental Blvd and Dove Road and plant a $10,000 demonstration site. This project would begin in October and be completed by May 1997. There is $10,000 remaining from the FY 1995-96 budget to do a street tree master plan for Southlake Blvd. These funds could be carried over and combined with this project to attract more competition among professional service providers. Attached is a resolution for consideration by the City Council, the letter from the Texas Forest Service and the grant application. Please place this item on the September 17 City Council Agenda to consider a resolution for the Texas Forest Service Grant. Please call me at 481-5581 ext 757, if you have any questions. cc: Greg Last, Director of Community Development City of Southlake, Texas RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY REPRESENTATIVE TO EXECUTE AGREEMENTS ASSOCIATED WITH THE "1996 PUBLIC OUTREACH" GRANT AWARD AND COM.NnTTING SHARED COST OF THE PROJECT AS DESCRIBED IN THE GRANT APPLICATION. WHEREAS, the 101 st 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. 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 educational 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 technical skills of individuals involved in establishing or maintaining urban forest. WHEREAS, the City of Southlake is eligible to participate in this program and has successfully submitted a grant application in the amount of $10,000; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1: That the City Council hereby authorizes the City Manager to execute all agreements associated with the "1996 Public Outreach" Grant Award with the Texas Forest Service. Section 2: That the City Council commits to providing its share of the project costs through a $10,000 contribution as described in the grant application. Section 3: That the City Council endorses and permits the planting of trees on public property under their jurisdiction in the City of Southlake. Introduced, read and passed by the affirmation vote of the City Council for the City of Southlake on this 1M day of September• 1996. ATTESTED: Sandy LeGrand, City Secretary Rick Stacy, Mayor s45 A a N P4 TEXAS FOREST SERVICE The Texas Ad,M University System Fore:f Resource De%elo m enf De arrment P c � Jrd Floor, lohn -8. Connally Building ,4a 3-2o-i % Coilege Station. revs T7 8•t3-? 136 F 1 t ., 1J. .4J ;. i -hJ 5.941 September 5, 1996 Kim McAdams Lenoir Cite of Southlake 400 N. V`-hite Chapel Blvd. Southlake, TX 76092 Re: 1996 Public Outreach Grant Awards Dear Ms. Mc s enoir: I am pleased to inform you that the Texas Forest Service (TFS), with the help of the Grants Committee of the Texas Urban Forestry Council, recently selected your project for funding through the TFS Urban Forestry Public Outreach Grant Program. Some projects were granted the full amount requested while other projects were chosen based on a reduced level of funding, and your organization was selected as follows: Grant Number: 96-03-09 Project Title: Street Tree Master Plan & Demonstration Project Grant Award: $10,000 Local Match: $10,000 This letter will serve as official notification of your grant, but there are still some things that you should and should not do. First and foremost, you should not start the project now. We will not accept grant or local match expenditures made before October 1, 1996, or before a formal contract has been signed. If you have a specific circumstance that requires you to spend money now, this expense must be approved in writing by the TFS Grants Administrator. Otherwise, don't begin work on the project and don't make any commitments to contractors that you could not honor should federal grant funds fall through. Second, the two original copies of the Grant Agreement contract included in this packet must be signed and returned by October 1,1996. If your project includes tree planting, Exhibit A has also been attached to the contracts. And, two copies of the Assurances and Certifications are also included; please fill out the information on page 9 and sign both copies on page 10. Keep one copy of the A&C for your records and return the other one to us. The Forest Resource Agency of Texas S: — 3 An Equal Opportunity Employer 1996 Public Outreach Grant Award Notification Letter Page 2. The representative who signs these documents must be the person authorized by your governing body to execute contracts on the organization's behalf. You must also provide us with a resolution from the governing body that endorses the project and commits to the match stated in the Grant agreement. A sample resolution is attached. Contracts returned to us will be signed b�, the State Forester and a coPy mailed to you for your records. Third, if you will be contracting for goods or services (such as a consultant) be aware that you are expected to use a competitive bid process that conforms to all federal guidelines. Be sure to include minority- and women -owned businesses on any bid solicitation lists to encourage these historically underutilized businesses (HUB's) to become involved in the program. Rules are detailed in the attached Code of Federal Rebulations for Business Credit and _assistance. Fourth, grant payments will be made on a reimbursement basis again this year. This means that you will have to bear the cost of any purchases needed to complete the project, as well as complete the required match, before the grant will be paid in full. Any product or accomplishments that result from the project must also be submitted for review before grant payments will be issued. All project costs must be incurred between October 1, 1996, and September 30, 1997, unless an extension has been granted in writing. The final report and supporting documentation (as detailed in the attached Documentation Guidelines) must be submitted by November 30, 1997. Finally, grant recipients who receive $100,000 or more in federal assistance from all sources must comply with federal Single Audit Act requirements, as detailed in OMB circular A-128 (for governments) or A-133 (for non-profit groups), available upon request. This means that you may have to hire an accounting firm to review your internal cost accounting procedures and compliance with federal regulations and laws. If applicable, this independent audit must be performed for each fiscal year that you receive federal funds, and a copy of the audit report sent to the TFS program administrator for review. Again, congratulations on your selection as a 1996 Public Outreach grant recipient. If you have any questions or need more information, please contact me at 409/845-2641. /pds Enclosures cc: TFS Forester M Sincerely, X, —_ Peter D. Smith Grants Administrator Texas Forest Service Public Outreach Challenge Grant Program 1996 Grant Application Form iE.v.S RBAN FORESTRY ; MW.,1L Project Title: Street Tree Master Plan S De.monstrat,.on Projpc�tprOfficiaLV! Organization. C i t •r of S o u t ' 3 ke .Grant No: j Mailing Address: Amo t400 N White Chapel Blvd - r City: Southlake State: TX ZIP: 76092 Contact Person: Kim McAdams Lenoir FDaytime Telephone: 81.7/481-5581 ext 757 Is your organization tax exempt? V P q Federal Tax ID Number: 7 5 -12 51 14 2 The number of the U.S. Congressional District for your office location is: :h grant application -must beaccompanied by a narrative otno more than three (3) typed pages. The first part of jhis 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? . 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. mrall (1) (2) (3) :zpense Category Grant Funds (S) Local Cash (S) Local In -Kind (S) Personnel: Office Expenses: Travel: Supplies and Materials: 5,000 5,000 Equipment: i Professional Services: 51000 5, 000 i Contractual: Other ( ): *Column Totals: (a) 10,000 (b) 10, 0 0 Q (c) 0 •(a)=Gmnt Requcst, and Local Match Total (d)=(bHc) ; *Local Match Total (d) j. 0, 000 I hereby certify that I have mef with the applicant to review this proposal and the program -tquirements; and'have recommended any changes that would help_ the project achieve the goals of Public Outreach Challenge Grant Program. Signature of TFS Regional Forester Date 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. Kim McAdams Lenoir, Director of narks and Recreation Name and Title of Authorized Representative ' 7/17/90 ignature of Authorized Representative Date City of Southlake STREET TREE INIASTER PLAN AND DEMONSTRATION PROJECT Part H: Organizational Goals The mission statement of the Cite of Southlake is: `'The City of Southlake strives to meet the service needs of citizenry and effectively mange quality growth while preserving the abundant open space and rich natural resources of the community." Southlake has undergone tremendous growth during the past 10 years, from a rural town of 4000 population to a suburban community of 17,000 today. The rate of growth has been steady for the past three years with a 20% annual increase. Southlake is one of the fastest gro%ving communities in Texas. With this growth has come more dedication to promoting, maintaining and reestablishing the urban forest. The City has a strong Tree Preservation Ordinance for developers to follow. The grow of the community has brought in people from throughout the United States that are not familiar with our native Texas trees. Southlake is located in the Cross Timbers area of Post Oaks and Blackjack Oaks and as you know, these trees are not tolerating the development and suburban yards now found in Southlake. The City needs to help educate our citizens to the type of trees desired in the area and demonstrate how to reforest our community. This project proposes to prepare a Street Tree Master Plan for our major thoroughfares. We are also proposing a demonstration site (to be determined by the master planners) to be planted with all the varieties of street trees recommended for the plan. This would allow the City to show the public the plans for the City and demonstrate the types of trees other residential streets, homeowner associations, developers, etc. could plan for their areas. The City would have the goal to continue planting 100 new trees each year. Part III: Section A -- Project Work Plan 1) Project Execution: The City would send out -requests for proposals" to landscape architects for a Street Tree Master Plan of the City's three major thoroughfares - White Chapel Blvd, Continental Blvd. Doye Road - approximately 1-4 miles of roads. Part of the master plan would be to determine a demonstration site where all of the varieties of street trees could be planted. The master planning would be done from October to December and the tree planting demonstration would be from January to March. The project would be supervised by Kim McAdams Lenoir, Director of Parks and Recreation. She has over 15 years experience in park planning, construction and maintenance. She graduated from Texas A&M University with a B.S. in Recreation and Parks Administration. She has supervised two Texas Forest Sen ice Grant projects in 1993 and 1994 for the City of Keller. 2) Participants: The City of Southlake has a very active Keep Southlake Beautiful Association that promotes tree planting projects in the schools and parks. KSB co -sponsored our first "Street Trees for Southlake" program in 1995-96 where 60 trees where planted in the City ROW in front of residents. The City and the resident split the cost 50/50 and the resident maintains the tree. This program was extremely successful and we had more requests for trees than we could supply. KSB will assist the city in planting the demonstration project as well as provide citizen input to the planners for Street Tree Master Plan. Approximately 800 volunteer hours should be contributed to this project. We are not asking for grant match for the volunteer hours but the City will document the volunteer hours to justify the community involvement for this project. 3) Use of Federal Funds: The funds would be spent with $10,000 for master planning with 50150 grant to city funds and $10,000 for the demonstration project with 50150 grant to city funds. The City match will be cash. The City will not charge any in -kind or City staff time the grant. The City wants the funds to be used for direct project benefits - the plans and the tree demonstration site. 4) In -kind Contributions: In -kind contributions of 800 volunteer hours and 160 hours of staff time will be documented but no matching funds are requested for this in -kind contributions. 5) Project Communication: The City of Southlake publishes a monthly newsletter that is mailed to every resident. This project would be mentioned in at least five of those newsletters outlining the project and progress. This project would be featured in two City newsletters outlining the Master Plan in one and the Demonstration Project in another. The City is also covered heavily by five locate newspapers including the Fort Worth Star Telegram and the Dallas Morning News, all of which would find this project as a feature story. The City is also preparing video public service announcements that run on the local cable T.V. and would feature this project there also. The project itself will be extremely visible in our community because it is focused on the major thoroughfares which thousands of residents and non-residents drive on daily, so the visibility of this project to the general public will be tremendous. sc<, 8 N Part III: Section B -- Budget The project budget includes: Supplies and materials: $10,000 minimum of 60 - 2 inch diameter trees, staking, string, and mulch for demonstration site Professional Services: $10,000 Hire a landscape architect to prepare a Street Tree Master Plan for three major thoroughfares (approximately 24 miles of roadway, 48 miles of ROW) and determine a demonstration site for 60 trees with a full range in variety of trees for demo nstration/educational purposes. Total Budget: $20,000 50150 grant to City cash funds J-ec-9 Federal Program Grant Number: 96-03-09 CFDA Number: 10.664 Grant Amount: $10,000 Period: 10-01-96 to 9-30-97 Local Match: $10,000 Urban Forestry Public Outreach Grant A Cooperative Program Between the Texas Forest Service and the USDA Forest Service GRANT AGREEMENT This Grant Agreement is hereby entered into by and between the Texas Forest Service (TFS), a Member of The Texas A&M University System, and the City of Southlake, Texas, hereafter referred to as 'Grantee.' Article 1. All funds must be used for the purposes stated below. Any modifications of purpose, final product, grant award, or matching contribution must be requested in writing and approved by the TFS. Grantee must raise the entire balance of funds necessary to complete the budget as proposed, from non-federal sources. Purpose: To develop a street tree master plan for three major thoroughfares and create a demonstration planting of 60 trees at one high -visibility site. Grant funds and matching cash will be used t.o purchase trees and to pay for the plan drawings. Article 2. The $10,000 grant will be paid on a reimbursement basis upon submission of approved cost records AND a project final report. Interim reports detailing partial project accomplishments and costs will be accepted for partial payment. The amount paid will equal 50% of the approved project expenditures, not to exceed.the full amount of the grant. The Grantee shall be responsible fora minimum matching contribution of $10,000, in eligible cash purchases or in -kind contributions. Article 3. The Grantee shall be responsible for providing proof -of - payment records for all purchases and in -kind contributions. These include source documentation such as invoices, cancelled checks, paid receipts, payroll or time and attendance records, contract documents, and valuation letters for third -party in -kind contributions. Article 4. Applicable federal cost principles (attached OMB A-87 for governments or OMB A-122 for nonprofit groups), federal program regulations (attached Code of Federal Regulations for Business -Credit and Assistance), and the Grantee's application will be followed in etermining reasonableness, allowability, and allocation of costs. -2- rticle S. The Grantee must provide the TFS with an official resolution _assed by its governing body that authorizes its representative to execute any agreements associated with this grant and commits the organization to the matching contribution as proposed in the grant application and listed above. Article 6. The Grantee agrees to comply with all applicable federal laws, as specified in the attached. Assurances and Certification. Grantee's procurement procedures must conform to standards defined in attached Code of Federal Regulations for Business and Credit Assistance, 13 C.F.R. §101.1-146.605 (1994). Grantees receiving $100,000 or more in federal funds must comply with federal Single Audit Act requirements, as detailed in circular OMB A-128 (for governments) or OMB A-133 (for non- profit groups). Article 7. The Grantee shall submit a final project performance report, a financial summary with supporting documentation, and a copy of any product developed through the grant within 60 days of project completion, or by November 30, 1997, at the latest. (I£ required, a copy of the Single Audit report covering the grant period must also be submitted.) Cost records must be retained for three years following conclusion of the project. Article 8. The State Forester and the Comptroller General of the United ,tates, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of the Grantee which are pertinent to the grant in order to make audits, examinations, excerpts, and transcripts. Article 9. (For tree planting projects only.) The Grantee must provide the TFS with a resolution or letter from the governing body of the entity that owns the property where the trees are to be planted. This document must grant permission to the Grantee to install this planting and commit to providing reasonable protection for the trees. Article 10. (For tree planting projects only.) Exhibit A (Tree Planting & Maintenance Specifications), attached hereto and incorporated for all purposes, must be followed and will be used by the TFS to measure performance by the Grantee. Trees must be maintained for three full years following planting. The Grantee must replace any dead trees within the period of this Agreement if the number of live trees falls below 90% of the original number planted and included in project cost reports. Article 11. If a Grantee materially fails to comply with any term of this award, as stated above, the TFS may temporarily withhold cash payments pending correction of the deficiency by Grantee, disallow all or part. of the cost of the activity or action not in compliance, wholly or -)artly suspend or terminate the current award for the Grantee, withhold further awards for the program, demand repayment of the grant, or take other legally available remedies. MM ticle 12. The Grantee may terminate this entire Agreement, without use, prior to the expiration of the grant period, upon thirty (30) days P Y Y written notice. Upon cancellation of this Agreement and release or return of the unexpended grant funds, the Grantee is fully released of all obligations under this Agreement. Article 13. The Grantee agrees to hold the Texas Forest Service (TFS) harmless from any injury to person or property occurring in connection with project operations by Grantee, its agents, or employees, to the extent allowed by law. Article 14. If any part of this Agreement shall be deemed to be or shall, in fact, be invalid, inoperative, or unenforceable as applied, such circumstance shall not have the effect of rendering any other provision of this Agreement invalid, inoperative, or unenforceable to any extent whatever. Acceptance: We accept this grant subject to the terms and provisions stated above. Grantee: Grantor: Signature Title Organization Date James B. Hull State Forester Texas Forest Service Date Se;: -,/z Urban Forestry Public Outreach Grant Program Specifications for Tree Planting Demonstration Projects There must be a site plan map that adequately describes the location of the trees in the project, along with existing features such as other trees, buildings, roads, and utility lines. The plan must conform to municipal or state highway safety codes, if applicable. Sites on state highway rights -of -way must meet TxDOT maintenance requirements. If the trees are to be planted on city, county, or state property, the applicant must provide a resolution from the landowner's governing body endorsing the project. Design features not eligible for cost sharing are listed below. These items may be included in the project design, but their design and installation cost may not count towards the applicant's local match contribution. a) Flag poles or pennant poles; statues or other art work; fountains or other water features; lights and benches; jogging, bicycle, or walking paths; and trash receptacles. b) Non -interpretive signage and planting designs which require intensive maintenance, such as seasonal color gardens. C,-C ly irrigation systems designed to provide water to planted trees, shrubs, or ground cover are eligible for cost sharing. Trees must be maintained for three years. Any tree mortality that brings the number of trees below 90% of the number originally planted must be replaced. No grant funds may be used to purchase replacement trees. The Texas Forest Service forester must approve the maintenance plan and watering schedule. Any tree which will attain a mature trunk diameter greater than 12 inches must not be planted in a tree lawn less than 4 feet wide. Street trees must not be planted within 30 feet of an intersection or within.15 feet of driveways, alleys, utility poles, or fire hydrants. In addition, trees must not be planted where they will obscure traffic safety signs or signals. Only trees with a mature height less than 30 feet (small trees) may be planted directly under utility lines. Trees with mature heights greater than 30 feet must be planted a minimum of 15 feet from the outside edge of the last energized line. Urban Forestry Public Outreach Grant Program Tree Planting Specifications trunks should not have scrapes, scars, cracks, or discolored bark; trunks should be straight with evenly spaced branches and a full crown; and the width and height of the crown should be in proportion to the total tree height. Balled-and-burlapped (B&B) trees should have a solid root all that does not move independently from the trunk and container -grown trees should not be root bound. O Note: trees grown in root control bags ("grow bag" trees) should be treated as B&B stock and, as such, must meet all B&B standards. All growing stock must conform to standards set out in Section 16 of the Forestry Handbook; 2nd Edition, and stated below: Tree Trunk ivlinimum Ball Minimum Volume Size or Caliper Diameter for B&B Trees for Container - Grown Trees 1'/4" 16 inches 15 gallon 1'/z" 16 inches 15 gallon 1%" 18 inches 30 gallon 2" 20 inches 30 gallon 2'/:' 22 inches 45 gallon 3" 24 inches 65 gallon (4w, 28 inches 65 3'/2" gallon 4" 32 inches 90 gallon 4'/," 38 inches 90 gallon All trees should be transported balled-and-burlapped, in containers, or with an appropriately sized tree spade. B&B trees and trees moved with tree spades should be planted as soon as possible after digging. If trees must be stored, root balls must be kept moist and protected from the elements. Container -grown planting stock should be inspected prior to planting. Any roots that encircle the root ball and might grow to strangle the tree should be removed. At the time of planting, B&B trees must have the wire basket and rope completely removed from the trunk and the top one-half (%2) of the root ball. Burlap should be pulled back or removed and "grow bag" trees = have the bag removed. Trees must be planted no deeper than previously grown, and planting holes must be twice the diameter of the root ball. Root ball "shaving" is specifically prohibited and could result in failure Ut o pass the TFS field inspection. Only the soil removed from the planting hole may be used as ackfill, unless some other mixture is specifically approved in advance by the TFS Forester. �2—/s/ uroan rorestry ruoue uutreaen Grant Program Tree Planting Specifications Urban Forestry Regions of Texas • TFS Urban Forestry Offices Rolling Plains (2) West Texas (11) Hill Country (1 Boundaries based on major vegetative regions, land area, population, and number of urban areas. 5 Gateway Trinity- (3) (3) Blacklands _i (4 ) Post Oak (13) Coastal Bend (8) The Valley (9) Pineywoods (5) Southeast Texas (6) uroan ruresuy ruuuc vutreacn Gant Program Tree Planting Specifications Elm, cedar - Ulmus crassifolia Elm, American - Ulmus americana Eve's Necklace (Texas Sophora) - Sophora gffnis Fringetree - Chionanthus virginicus Fringetree, Chinese - Chionanthus retusus Guajillo - Acacia berlandieri Hackberry, common - Celtis occidentalis Hackberry, desert (Granjeno) - Celtis pallida Hackberry, netleaf - Celtis reticulata Hackberry, sugar - Celtis laevigata Hawthorn, green - Crataegus viridus Hawthorn, parsley - Crataegus marshalli Hawthorn, Texas - Crataegus texana Hickory, shagbark - Carya ovata Hickory, mockernut - Carya tomentosa Holly, American - Ilex opaca Holly, deciduous (Possumhaw) - Ilex decidua Holly, yaupon - Ilex vomitoria Honeylocust, thornless - Gleditsia triacanthos var. inermis Huisache - Acacia farnesiana Huisache, Texas - Acacia smalli (a) (b) (c) Tree Rating Plant sin Value in Regions M H 2-13 L M 1-7, 13 S M 2-4, 7, 10-13 S M 5-7 S M 7,8 S M 9 M M 1 S M 9 M M 2, 10, 11 L L 2, 8-10 S M 5-7, 13 S M 5,6 S M 6-8, 10 L H 5,6 L H 5-7, 13 M M 5-7 S M 2, 5-7, 10, 13 S M 3-8,10,12,13 M M 1-4, 11-13 S L 8,10 S M 9,11 Juniper, Rocky Mountain - Juniperus scopulorum M M 1,11 Juniper, Ashe (Mountain cedar) - Juniperus ashei M M 2, 10, 12 Juniper (Eastern redcedar) - Juniperus virginiana M M 1-7, 11, 13 La Coma - Bumelia celastrina S M 9 Laurelcherry, Carolina - Prunus caroliniana S H 5-7 Leadtree, goldenball - Leucaena retusa M M 2, 10-12 Loquat - Eriobotrya japonica S L 6-8, 10 Madrone, Texas - Arbutus texana S H 2, 10, 12 Magnolia, southern - Magnolia grandiflora M M 3-9, 13 Maple, red - Acer rubrum M M 5-7 Maple, bigtooth - Acer grandidentatum M H 2-4, 7, 10-13 Mesquite, honey - Prosopis glandulosa M M 2-4, 8-13 Mexican buckeye - Ungnadia speciosa S M . 2, 7, 10-13 Mountain laurel, Texas (mescalbean) S H 2, 8-13 - Sophora secundiflora Mulberry, red - Morus rubra M L 1, 2, 8, 10 Mulberry, white - Morus alba M L 9 (a) Tree Size (S-small, M-medium, L-large) 7 (b) Rating Value (L-low, M-medium, H-high) (c) Plant in Regions (based on UFC regions identified on p. 6) �� - Urban Forestry Public Outreach Grant Program Tree Planting Specifications A (a) (b) N Tree Rating Plant Common Name - Scientifrc Name I= Value in Regions Pine, shortleaf - Pinus echinata L M 5-7 Pine, Italian stone - Pinus pinea L H 2,10, 11 Pine, Mexican pinyon - Pinus cembroides M H 1,2,11 Pine, Afghan - Pinus eldarica M H 1-4, 8-13 Pine, ponderosa - Pinus ponderosa M H 1, 11 Pine, loblolly - Pinus taeda - L M 5-7, 13 Pine, Japanese black - Pinus thunbergiana M L. 3, 4, 7 Pine, Aleppo - Pinus halapensis M M 9-11 Pine, Austrian - Pinus nigra M M 2-4 Pistache, Chinese - Pistacia chinensis M H 2-4, 7, 10-13 Pistache, Texas - Pistacia texana M M 2 Plum, Mexican - Prunus mexicana S H 1-4, 7, 8, 10-13 Raintree, golden - Koelreuteria paniculata M M 2-7, 11, 13 Raintree, Southern golden M L 8-10 - Koelreuteria bipinnata . Redbay - Persea borbonia var. borbonia M M 6-8 Redbud, eastern - Cercis canadensis S H 1, 3-8 Redbud, Texas - Cercis canadensis var. texensis S H 2-4, 7, 10, 12, 13 Redbud, Mexican - Cercis canadensis var. mexicana S H 2-4, 10-13 Redcedar, eastern - Juniperus virginiona M M 1-7, 11, 13 Retama (Paloverde, Jerusalem -thorn) S M 8-11 - Parkinsonia aculeata Soapberry, western - Sapindus drummondi M M 2-4, 7-13 Soapbush (Guayacan) - Guaiacum angustifolium S M 9 Spruce, blue - Picea pungens L H 1 Sumac, prairie flameleaf - Rhus lanceolata S M 2-7, 12, 13 Sweetgum - Liquidambar styraciflua M M 3-7, 13 Sweetwood, arroyo - Myrospernum sousanum S M 7-10 Sycamore, Mexican - Platanus mexicana M H 9, 10, 12 Sycamore, American - Platanus occidentalis L M 3-9 Tallow, Chinese - Sapium sebiferum Tenaza - Pithecellobium pallens Tepeguaje - Leucaena pulverulenta S L 8,9 S M 9 M M 9 Walnut, black - Juglans nigra L H 5-7, 13 Walnut, Texas - Juglans microcarpa M H 1-4, 11-13 Willow, desert - Chilopsis linearis M H 1, 2, 10-12 Willow, black - Salix nigra M L 9 Willow, coyote - Salix exigua M L 9 Yaupon - Ilex vomitoria S M 3-8,. 10, 12, 13 Zelkova, Japanese - Zelkova serrata M (a) Tree Size (S-small, M-medium, L-large) 9 (b) Rating Value (L.-low, M-medium, H-high) (c) Plant in Regions (based on UFC regions identified on p. 6) M 1-5 City of Southlake, Texas STAFF REPORT September 13, 1996 CASE NO: ZA 96-85 PROJECT: Ordinance No. 480-208, Second Reading Rezoning and Concept Plan/Stone Bridge Park STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Concept Plan for Stone Bridge Park, being approximately 13.583 acres situated in the J. G. Allen Survey, Abstract No. 18, Tract 2D LOCATION: North side of West Southlake Boulevard (F.M. 1709) and approximately 600' Northwest of the intersection of Randol Mill Ave. and West Southlake Boulevard (F.M. 1709) OWNER: H.C. and Maxine Forester APPLICANT: Realty Capital Corporation CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "C-3" General Commercial District AMENDED REQUEST: "S-P-2" Generalized Site Plan District with "0-1" uses in the rear of the site and "C-2" uses along F.M. 1709. LAND USE CATEGORY: Low Density Residential (may include residential and limited low intensity office and/or retail uses); Mixed Use (may include residential, office buildings, hotels, and commercial and retail centers that serve local and regional needs); 100 Year Flood Plain CORRIDOR Retail Commercial - F.M. 1709 (same as in CS, 0-1, C-1, C-2, C-3, and RECOMMENDATION: B-1 districts); Residential (any Single Family district) NO. NOTICES SENT: Twelve (12) RESPONSES: None 7A-1 P & Z ACTION: August 15, 1996; Approved (6-0) the amended request subject to Staff Review Summary No.I dated August 2, 1996 amended as follows: Amending item #6A to delete the required F 1 fence and/or 8' screening device along the north property line of the site in lieu of a 6' wrought iron fence) and deleting items #8A through 8D (driveway spacing and throat depth requirements) COUNCIL ACTION: August 20, 1996; Approved (7-0) to table until the September 3, 1996 City Council Meeting. September 3, 1996; Approved (6-1) subject to Staff Review Letter No. 2 dated August 30, 1996, amending Item #3 to permit wrought iron fencing as indicated on the plan; waiving Item #5A regarding driveway spacing on F.M. 1709;adding a comment to provide a stubout to the east for a common access easement; and addressing the drainage issues and management of the F.E.M.A. floodway and floodplain on the site. STAFF COMMENTS: The applicant has met all items in Staff Review No. 1 dated August 2, 1996 and Staff Review No. 2 dated August 30, 1996 with the exception of those items in the attached Staff Review Summary No. 3 dated September 13, 1996. L:\WP-FILES\MEMO\96CASES\96-085ZC.WPD 7A-2 A 6812 5B IAIA 687A 681A 681 685 IAIA 682 25 611 AIA c 2 1AIA2A 84-7-- 1.04 as 683 N 684 WAS , La UMI T - Yl 30 3A 3 3A 3 X 3EIA 3B 9 0 I 09 2 9 9A2 0 3 9AIA A-Sto Is zc ID, 3M 9A SVIOfZ,) swofz 302 2AI 3n 2F 3cl 981 IEI V ME ML 3G 3G YA 3E1 9cl IE Y6 Y2 WA YIG 01, 60 Ac wo 71—F F, 1 . . . 03 ID ni TI-W X 7 78 % 7A• 6A —6D 6A29 51Z BA JOHN J. FRE 1 0 A 2.9 7.1 Ac 2-9 < e SEOPICY A—W Ac 19 Ac .3 Ac 6 Ac9.5Ac I 6 mm 9.64 Ac M—TTalB a I I M ROAD 8 a . % 2C7 101101 212 XI x920( 2C3 3D x 2 2 c c RDRME 6 8 4 IAI WA 00- RR ELM ELM SCHOOL 12.8 At E 28 2 203 20 Ac X2 GA141clo 01, 551A ZA2 Rp 5GOO 100 TE 2E Ul A 3A 9.3 Ac W. EA VE3 R.J. PAD ul SLMAY A-12! 2F 20 Ac 2n 2C14 205 2AS G Ac 2AI SAI A 2C27 206 2AI 2A Alf� 5A2A SA lz 0- r 0 i AC I 2A4 4MA 4EM "Is Imp a. A L to 20 I 4M A-18 Lc 2 IL "I t4 14 121 Ac 14.5 Ac 3 -M2 4"1 + 5 Ac J. vp 4E 4KI 40 IQ 50 -- t IOAC Q S r Vi 4 J 5#2 Ac I &ZleKl 15.4 Ac , IIA 1 im IG 5 Ac U 4L q --- IA Q 4 ------ ZA2 9-M IA28 5 Ac 2 C-2 6 - irHopms 1 7 6A 6AI 66 682 6 6E i - AM Y lie I I A-IM2 48 4C 6 Ar 2 Ac 5 Ac 7 Ac W 8 6C4 6C2 Ac ♦9 235 AC 9.85 Ac 1 1 9.7 Ac 6AIA 6C i9.65 4AS 11 At FEE] IB2 f 2A 2A3 6A2 Ac 6E1I 6F2 "IAI 1! 7.86 Ac Ac TRACT MAP 14 KEUER aTY UM17 5" ) rrRR 1117 Ac CA OLL EINWARY 5C 3A 5 5B "OOL 'E L.A. CLAY 7A-3 25 Ac At A-J46 4 44 Ac 80 AC --f TF,ADJACENT OWNERS Spin Representative #16 AND ZONING X1<<YYl — lk�.k 30 H_SF_1,q� SOf✓ �' T yaw i _t68SF-1 J. Bedgood ---, O. Collins RGarner_ ..SF-1 A' - 4 N O% >+ — - . D. Brown I 4 w I u° d r, rr 1 r• R. MillerYL , -. - - JG gAD r- 1 ' O a t�a - TR:S ACI J. Martin 7.7 H.:2F2 46 AC TR'.2A4 TR .2A4A '. 1. G ---- C. 04 of R. Milled �1 TR.2F1 2.03 @ - T � • R F3 2A3 TR t TR TR 2F1A ,.. . ., io8 3A 11A oJ2 @ AG .46 CZ1 ® .46:. �45 "SF1 Alfi �' Metzer Dairies C. Lam ----- tV� 10 "SF1 A" C. Hallmark) ( TR 2As t j J. Hettinger i N 112 \ TR z^ AC TR - — a — — 7A-4 ' 249 Y1 �° City of Sduthlake, Texas Case No: ZA 96-85 Review No: Three Date of Review: 9/13196 _- - -7MITU11� M.7 IM Fry i ITMILMMr a , APPLICANT: ARCHITECT: i Park BoulevaylpQ 'hog :: 11 Phone: : I ' ' Fax o (817) 488-5257 Attn: Richard Myers Fax : (81 , Attn: Phfi Moft CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/10/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (81 481-5581, EXT. 787. 1. The following changes are needed with regard to adjacent properties: A. Correctly label the Land Use Designation for all adjacent properties (i.e. L.U.D. = Low Density Residential, L.U.D. = Mixed Use, etc.). Refer to the approved City Land Use Map. B. Show and label properties located on the south side of F.M. 1709. Include the owner's name, the Zoning and Land Use Designation. If properties are platted include the subdivision name, lot and block number. An F1 fence meeting the requirements of Ord. 480, Sect. 42, Illustration "B" page 42-13 and/or a minimum 8' high screening devicepeeting the requirements of the Zoning Ordinance No. 480, Sections 33.2, 33.3, and 39 is required along the north line of Lot 3. The applicant has proposed a 6 wrought iron fence along the north line extending west from the west tree line of the existing trees located in the northeast corner of the lot to the northwest corner of proposed Lot 3. (P & Z Action 8115196, delete the required FI fence and/or 8'screening device along the north property lure of the site in lieu of a 6' wrought iron fence. C.C. Action 913196, to permit wrought iron fencing as indicated on the plan.) 3. The following changes are needed with regard to driveway entrances to the site and compliance with the Driveway No. 634: (P & ZAction 8115196, delete) A. The minimum spacing required between the centerline of the western most driveway intersecting F.M. 1709 from Lot 1 and the intersection of the west line of the proposed street and north line' of F.M. 1709 is 500'. It appears the provided spacing is approximately 380'. (C. C. Action 913196, delete) B. Provide the required driveway throat depth for traffic stacking. Throat depth is measured from the R.O.W. line and not the street pavement line. The minimum throat depth required for each driveway entering Lot 3 from the proposed street is 50'. The throat depth provided for the two most southerly driveway into Lot 3 intersecting the east and west Imes of the proposed street is approximately 40. C. Provide adequate Common Access Easements in compliance with the Driveway Ordinance No. 634 for all connecting driveways and the stub into the east line of Lot 2. 7A-5 City of S6uthiake, Texas * The applicant should be aware that any revisions made prior to the next scheduled meeting must be received at the City by 5:00 PM on 9/23/96. If not received by that time, no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and include an 1111 x 17" revised reduction. 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 §43.9C1a, 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. * The applicant should be aware that prior to issuance of a building permit a plat must be processed through the City and filed in the County Plat Records and a site plan, landscape plan, and irrigation plan along with the building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. P & ZACTION August 15, 1996; Approved (6-0) the amended request subject to Staff Review Summary No.I dated August 2, 1996 amended as follows: Amending item #6A to delete the required F 1 fence and/or 8' screening device along the north property line of the site in lieu of a 6' wrought iron fence) and deleting items #8A through #81) (driveway spacing and throat depth requirements) COUNCIL ACTION August 20, 1996; Approved (7-0) to table until the September 3, 1996 City Council Meeting. September 3, 1996; Approved (6-1) subject to Staff Review Letter No. 2 dated August 30, 1996, amending Item #3 to permit wrought iron fencing as indicated; on the plan; waiving Item #5A regarding driveway spacing on F.M. 1709; and addressing the drainage issues and management of the F.E.M.A. floodway and floodplain on the site. * , Denotes Informational Comment cc: Realty Capital Corp. Morley Architects '.3 7A-6 Stone Bridge Park Vitae, Tem.. "' "' Il11•1�.... 7A-7 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-208 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 APPROXIMATELY 13.583 ACRES SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, TRACT 21), AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH CERTAIN "0-1" OFFICE DISTRICT AND "C-2" LOCAL RETAIL COMMERCIAL DISTRICT USES, 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 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. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 LACTMOMORMCASEM480-208.sP2 7A-8 Page 1 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 signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September,1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: L:\cTYDocs\oRD\cASES\480-208.sP2 7A-9 Page 2 Being a 13.583 acre tract of land situated in the J.G. Allen Survey, Abstract No. 18, Tract 21), and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "S-P-2" Generalized Site Plan District with certain "O-1" Office District and "C-2" Local Retail Commercial District uses, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to L:\CTYDOCS\ORD\CASES\480-208.SP2 7A-10 Page 3 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 official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR L:\CTYDocs\oRD\cASEs\480-208.sP2 7A-11 Page 4 A APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CTYDOCS\ORD\CASESk480-208.SP2 Page 5 ATTEST: CITY SECRETARY 7A-12 I I A EXHIBIT "A" SDGINEK-M at -A fotkO 1, 2. in"i �d � � "South 11he�" of Tii�ERLIN6 ��; an .$3.c� � they t�itsy;• `ai.. " �t,Itl�lce Tarr Ktit Cosu►LS►. Text Tirrant'` by:'LYa<t rirtid beitig' by. deed Bast .. a" diatance'of " b 2 g4;: 6� 5 �''E a .diafance of 1033.5 feet,= Abet t1' a 4V.: E tt.?c z$ ,ac�oe of T.0 feet ficti the- R-utl at-iammokr of said 3 : AYE : 5rirtir ►.:.. TEiEI�C N 85° 4Y,'• .15" along: the-Spuith ii,her bf. said TIMER ft E:§r'A+m a dittzidea of 148.42- 4eel, ? i. fc3!liiQ 1/2: inch -irm b6dt THENCE N 73� 491 15"1. E alorl tip S uth- jAe of said :.TII 9=0E;: ESTATES a : 4stan a of 40$ 5 )6� Ya ai V-2 inch ' t raxr r . aiict beirig in .the -.West 'line: -o£ t7ftAKE.: BSTATE5,; : dn:, z�kiitia� :- to tFtie City of Soiithlake; 'I`arrantntj►, '�Itiexas acaQoatitnq: to plet reoorded- on Page 68 of Volume 398=124 in the `T� :Oauiby P2:at- Reoo=T.-t; THENCE S 4 ..12' S : a distWim tiff"`�:8.94 fee_ t:.t6:a:��nd 1�2 inch iron iad at th+�" Northwest caicrwic of"`LQt ?:J .'sait2'DRAi(E -ESTATES; THENCE S So 08' 25' E A die Unce. Of = S51AA -feet -to a foand 1/2 indi iron ,rod in the : No tit li�rfe o .rAe t " Saithl4 `:Soule card and being A� the Southwest. coiner" df 'IAt- 4., J. G:.• ALT -NFL: is ADDITION, an .addition to "tire Cty,of Scxitftake, TaiYitntCourity," Texas according to plat ..gegorded on SI -I253--of .Cabinet A" in the Tarrant County Plat Reoosds THENCE S_ -S01 33' 50" 41- a1i9cM ; the*: -t' 41, 4WIJA6. of saiit West Southlak@ Boulevard : a distance o :2 3' . feet" to a .vonicrt� Higtnaay .- "p tmarie ipontiment a the b ads S, .of a cuzvc to nc�. rich havigg a raaU u0: of 18' -_06 Wit.. °i a center bears N 36 27' ' 11" W a -memc4 _ Sot urmsterl y along said curve slid along:: tiYeF North Un'* of said West .8o(:thiake �ouleva d an t WA ce=al_ �i�gie oF^ 220 30' 5$" a' distance of 403 Q :few• .to tt .set. ikon rod: THENCE N.19° 12' 10" i4 a. d1.$ aiaK5ta tof •; 372.is feat t0 'a: foe sd 1/`2 f�iach Yrbn rod; "Ott N 20 0'0E -a df �� of l3g 74 feat-.tc pjAoe aE beginning, oonta:tning 1Z..583" a►=es : z '"'�91 681:-egiiare' feet of laixi. - L:\CTYDOCS\ORD\CASES\480-208.SP2 Page 6 7A-13 EXEIIBIT .'B11 �t'a�1e14��S 'pM8 04EIIPnCR N-1Ld a-Opua auo3S .. i �: � i 4 � : "i : S � •. `-•-tom � i � e:• CJ \; Ili IlL ( J ,t } Ica _ 1 � r{ j;�'t u t 1- K iY • IS I I2 y II •J , 3 S � I16 t ' � fj r 1 4 J , -- L� 1 � 1 ?))fit �• • ' ' '; _ , ` � L y�. ; � • �� y 1 \ � Ylr: t I IY \ 1 1 J 1 • zz .- ��8 •� r •► � ty \` ,� +ram// - ! t � „ •r•fZ I 37T I � l lot � e �✓ fir/ r< • e► ` �, �� 1�%i• ..�' 46, get . If Li • '�. • i `� mo64. d' p I- o L:�c�i�rnocs�oxn�c.As�asaios.sra Page I 7A-14 � "` i City of Southlake, Texas ` STAFF REPORT September 13, 1996 CASE NO: ZA 96-104 PROJECT: Ordinance No. 480-215, Second Reading Rezoning - R.D. Price Survey STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Zoning Change on property described as being approximately 1.57 acres situated in the R. D. Price Survey, Abstract No. 992, and being a portion of Tract 1 and a portion of Tract 2. LOCATION: North White Chapel Blvd. approximately 530' north of the intersection of Bob Jones Road and North White Chapel Blvd. OWNER/APPLICANT: Perry R. and Jimme Kay Reeder CURRENT ZONING: "AG" Agricultural District. REQUESTED ZONING: "SF -IA" Single Family Residential District. LAND USE CATEGORY: Low Density Residential (may include limited low intensity office and retail ,uses) NO. NOTICES SENT: Eight (8) RESPONSES: Two (2) written response were received within the 200' notification area: • Marie Grigsby, 311 29th Ave, Moline, IL 61265, in favor. • James Evans, 9426 Braddock Rd. Fairfax, VA, in favor. P & Z ACTION: August 22, 1996; Approved (7-0) COUNCIL ACTION: September 3, 1996; Approved (7-0), First Reading, Ordinance No. 480 215. STAFF COMMENTS: The Applicant is proposing a Preliminary Plat with two (2) residential lots, Lot 1 being approximately 1.57 acres, less required R.O.W. dedication with proposed zoning change from "AG" to "SF-lA", and Lot 2 being approximately 10.5 acres, less required R.O.W. dedication with proposed zoning change from "AG" to "RE". L:\WP-FII.ES\MEMO\96CASES\96-104ZC.WPD 7B-1 TRACT MAP H. HARRIS I.C. OBELC HER x�+1EY A-JQ? �I 4 Ica + 1 i �/ n g// R® KWO 67 12 2 i 4 3 2 17 RE15 D. P I 9AP1E'1' -H 18 9 101 111 121131 1 1 I 201 L I 1A i W, MILL5 W. PHIL LIPS USA t11#ttttttt#ttttHttNttfttt�ttit�#t r■—:,.ski lF'�.) r—',•—r��..ri. �.�. .Pt�►�— -+• :� �I—■ter. N �. i■� rta.—%.�r.��f—yir..N ■ 'A S— � - fir•-�►rMM�.sA�. m Iff1 amr •N���` fw a� 4�y ■ AG 2 110 1131 Ns o� N y OVr ADD �48 „AG" 1 9.615 0 Showtime Farms Inc. yes i ,.AG„ i J. Evans • i TR 4A i 3 6 AC 1� AG i I I I i i L183 a �o TR 14 3.76 AC. „AG.. M Grigsby TR 2 10.5 AC „SF-1;A„ R. Cooper . TR C .5 AC "S F-1 A" i ,.� Y1- 9 "SF- � LHolco"SF 10 w A. Escobedo a \ i �D "S F-1 A" 0 - -- ---- G° E. Hurst i I 12 I I I I i I ADJACENT OWNERS AND ZONING Spin Representative #1 Cara White TR 15 5.3 AC TR 16 1 AC TR 16 I 7B 1 AC Tr----'- f TR 1 .000oi► 1 10 A n lli iq� '� 2 F" t alit f aW° ! i1f+�il }s js�t i• j;rtIS u 1- TAN 'i .ssn unn. ie.Mw .ti , q1� Y 1b NINON NORTH 7 St � 7 7B-4 $� e M T W U �f �Y C12 C1 J a w i �� 2 •♦ o "k%, { i rM. ` 0 N m m N O < Z X f ~ m jp> < U /W� V � z N 0 W ~ _j I w a a O O g p e O K } WLW a Q Z z m W �� w z <. 0 F psi s < IV Z < Z W m CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-215 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 APPROXIMATELY 1.57 ACRES SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 992, AND BEING A PORTION OF TRACT 1 AND A PORTION OF TRACT 2, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT, 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 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. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 (4w, 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 P \CCTYDOCS\ORD\CASES\480-215.SF1 7B-5 facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September,1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately 1.57 acres situated in theVD. Price Survey, Abstract No. 992, L:\CTYDOCS\ORD\CASES\480-215.SF1 713-6 Page 2 (60.1 and being a portion of Tract 1 and a portion of Tract 2, and more fully and completely described in Exhibit A attached hereto and incorporated herein, from "AG" Agricultural District to "SF -IA" Single Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to 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. L:\CTYDOCS\ORD\CASES\480-215.SF1 7B_7 Page 3 (W-e Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR L:\CTYDOCs\oRD\cASF.S\480-215.sF1 %B-8 Page 4 (w ATTEST: N I CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CTYDOCS\ORD\CASES\480-215.SF1 7B_9 Page 5 EXHIBIT "A" BEGINNING at a concrete monument (No D319-1-1) found in the common survey line of the above mentioned R. D. PRICE SURVEY, ABSTRACT NO. 992, and the A. ROBINSON SURVEY, ABSTRACT NO. 1131, same also beiaig in the West line of White Chapel Road (formally known as Pleasant Run Road), same also being North 88 degrees 57 minutes 55 seconds West 90.54 feet from the Northwest corner of Lot 13, Block B of LAKEWOOD RIDGE ADDITION, an Addition to the City of Southlake, Texas, according *to the Plat recorded in Volume 14, at Page 5, Plat Records of Denton County, Texas; THENCE South 08 degrees 55 minutes 26 seconds East along said West line of White Chapel Road for a distance of 252.54 feet to a 3/8 inch capped iron rod set for corner; THENCE South 00 degrees 53 minutes 22 seconds East along said West line of White Chapel Road for a distance of 104.21 feet to a 3/8 inch capped iron rod set for corner; THENCE South 89 degrees 06 minutes 38 seconds West for a distance of 205.81 feet to a 3/8 inch capped iron rod set for corner THENCE North 00 degrees 53 minutes 22 seconds West for a distance of 356.43 feet to a 3/8 inch capped iron rod set for corner in the common line between R. D. PRICE SURVEY and A. ROBINSON SURVEY; THENCE North 89 degrees 50 minutes 03 seconds East along said common line between R. D. PRICE -SURVEY, ABSTRACT NO. 992, and A. ROBINSON SURVEY, ABSTRACT NO. 1311, for a distance of 170.53 feet to the POINT OF BEGINNING. CONTAINING 68,681.50 square feet or 1.5767 acres of land, more or less. L:\CTYDOCS\ORD\CASES\480-215.SF1 Page 6 7B-10 City of Southlake, Texas STAFF REPORT September 13, 1996 CASE NO: ZA 96-105 PROJECT: Ordinance No. 480-216, Second Reading Zoning Change - R.D. Price Survey No 992 STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Zoning Change on property described as being approximately 10.5 acres situated in the R. D. Price Survey, Abstract No. 992, and being a portion of Tract 1 and a portion of Tract 2 LOCATION: Northwest corner of the intersection of Bob Jones Road and North White Chapel Blvd. OWNER/APPLICANT: Marie Grigsby. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "RE" Residential Estate District. USE CATEGORY: Low Density Residential (may also include limited love intensity office and/or retail uses) NO. NOTICES SENT: Nine (9) RESPONSES: Two (2) written responses were received within the 200' notification area: • Marie Grigsby, 31129th Ave, Moline, IL 61265, in favor. • James Evans, 9426 Braddock Rd., Fairfax VA 22032, in favor. P & Z ACTION: August 22, 1996; Approved (7-0) COUNCIL ACTION: September 3, 1996; Approved (7-0), First Reading, Ordinance No. 480- 216. STAFF COMMENTS: The Applicant is proposing a Preliminary Plat with two (2) residential lots, Lot 1 being approximately 1.57 acres, less required R.O.W. dedication with proposed zoning change from "AG" to "SF -IA", and Lot 2 being approximately 10.5 acres, less required R.O.W. dedication with proposed zoning change from "AG" to "RE". 105ZC. WPD 7C-1 t©'D TRACT MAP J fr�:�l.fJ/ J1J r�.lr I.G. IMELCHER SERWr A-JW (J: � J �f J r J JI 7C-2 W.. M10-L 1`�/. PHIL�dIP� SURKY A-1017D y'J y�J . '1Jf•J. •i , <Kt f !! 1_ uMU=IIT V VV\ — �E SLRY A -tow -y -. 1 V- I ,I TR 2 10.5 AC 5.3 AC ADJACENT OWNERS AND ZONING Spin Representative #1 Cara White I - T /Y ' S 01'4 r y01DNAPD A • �48�� „AG„ 1 Showtime Farms Inc. i "AG" J. Evans I •.rr 1 i TR 4A 3 3 6 AC 1AC I i 1 i TR 14 3.76 AC TR 15 i 11 "AG" J. Evans 7C-3 TR . R. Gory TR 1 2 AC TR 16 1K lb I 1 AC M Grigsby- I 3 < "SF-1 A" 4 is .1 R. Cooper TR r,•r; .5 AC 3 S �� SF-1 A ,8 i ._ Fernandez "F-1 A" \� s L. Holcomb ,0 W A 1 A. Escobedo a i "S F-1 A" E. Hurst "SF-1 All I 12 IC. Smith I 1 I TR 1 0000ooO 1 10 A ,.AG„ I Entek Corp. I t si ia� is ; z s pisn 0 =Y to Q € 3 g3 g =l d .f ar 1i 1 ,#s s. �. _ q_ i. at a a �3 W W ;F g as 44g as 2 w: g !� Fk�` FIs at s$ a s e� 8 It t g s u a i i 1 11G�ds pis .*AL j \ 5 � p g WbON NORTH 1 i e i c b < z t 842 a� Y ,OC SLZI ~3 .CS.Moo N 6 P O 2 J a 7C-4 J � SS C � F � yy < 4 y O Y q%qy 0 y O < Z x � U < Z� �m U y W < W w e� oZ W J i s J y a > 0 2 i < oar uj 0$ z N$ WW < a w O W ~ U Z < o F m O � Q < U Z m 8 9 Y C 9 c g Qr W W a: x }Yam°o a e$ K �ti m� s� CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-216 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 BFNG APPROXIMATELY 10.5 ACRES SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 992, AND BEING A PORTION OF TRACT 1 AND A PORTION OF TRACT 2, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" RESIDENTIAL ESTATE DISTRICT, 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 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. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section. 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 (awl WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the L: \CTYDOCS\ORD\CASES\480-216. RE Page 1 7C-5 facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately 10.5 acres situated in the: R.D. Price Survey, Abstract No. 992, LACTYD0CS\0RD\CASES\480-216.RE 7C_6 Page 2 and being a portion of Tract 1and a portion of Tract 2, and more fully and � completely described in Exhibit A attached hereto and incorporated herein, from "AG" Agricultural District to "RE" Residential Estate District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions -of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. . Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to 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. L:\CTYDOCS\ORD\CASES\480-216.RE 7C_7 Page 3 0 Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. L: \CTYDOCS\ORD\CASES\480-216. RE Page 4 %C-8 MAYOR A N I APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: LACTYD0CS\0RD\CASES\480-216.RE 7C_9 Page 5 ATTEST: CITY SECRETARY EXHIBIT "A" BEGINNING at a point in the common survey line of the above mentioned R. D. Price Survey, Abstract No- 992, and the A Robinson Survey, Abstract No. 1131 East, 170.53 feet from a concrete monument bearing South 89 degrees 50 minutes 03 seconds also being in the west line of White Chapel Road, d, D319-1-1) found in the said common survey line; same THENCE North 00 degrees 53 minutes 22 seconds West 356.42 feet to a point for comer, THENCE North 89 degrees 06 seconds 38 minutes East 205.81 feet to a point for corner in the west line of White Chapel Road; THENCE South 00 degrees 53 minutes 22 seconds East 302.85 feet along the said west line of White` Chapel to a 3/8 inch capped iron rod set for comer, THENCE East 27.61 feet to the centerline of White Chapel Road, THENCE South 00 degrees 53 minutes 22 seconds East 618.53 feet along said centerline of White Chapel Road to the intersection of the centerline of Bob Jones Road and said centerline of White Chapel Road; THENCE South 89 degrees 47 minutes 43 seconds West 451.00 feet along said centerline of Bob Jones Road to a point for corner, THENCE North 00 degrees 52 minutes 53 seconds East 1,275.70 feet to a point for comer in said common survey line between R D. Price Survey, Abstract No. 992 and A Robinson Survey, Abstract No. 1131; THENCE North 89 degrees 50 minutes 03 seconds East 178.14 feet along said common survey line to the Point of Beginning and containing 10.5 acres of land L:\CTYDOCS\ORD\CASES\480-216.RE Page 6 7C-10 City of Southlake, Texas STAFF REPORT September 13, 1996 CASE NO: ZA 96-108 PROJECT: Resolution No. 96-58 - Specific Use Permit - Sale of Packaged Beer for Off -Premise ConsumptiftnKnoger STAFF CONTACT: Dennis Killough, Planning Technician 481-5581, Ext. 787 Karen P. Gandy, Zoning Administrator 481-5581, Ext. 743 REQUESTED ACTION: Specific Use Permit for the sale of packaged beer for off -premise consumption for The Kroger Company, per Zoning Ordinance No. 480, Section 45.1 (1) and 45.6 (a and b). The property is described as Lot 3, Block 1, Village Center, Phase I, being approximately 13.077 acres situated in the T. Mahan Survey, Abstract 1049. LOCATION: Southeast corner of the intersection of E. Northwest Highway (SH 114) and Village Center Drive, and approximately 1000' west of Kimball Ave. OWNER: T & M Southlake Development Company APPLICANT: The Kroger Company CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use (may include office buildings, hotels, and commercial and retail centers that serve local and rgional needs) CORRIDOR RECOMMENDATION: Office Commercial (same as in CS, 0-1, 0-2, B-1, HC, MF-1 and MF-2 districts) NO. NOTICES SENT: Eight (8) RESPONSES: None P & Z ACTION: September 5, 1996; Approved (7-0) subject to Staff Review Summary No. 1 dated August 30, 1996. STAFF COMMENTS: Attached is Staff Review Summary No. 1 dated August 30, 1996. L:\WP-FILES\MEMO\96CASES\96-108SU. WPD 7D-1 ro,A. j102 o iU?A 2A7 --- -- - Ar 8.75 Ac 502A - 11 IC IY 5028 V5 Ac 80.1 Ac 5D4 f ` — �iC ff@ ��� x • 3 _ I 3A J `. sA6A sne ! `. A-4msm J 1 l •.. ST , sA3A, i . I SDjj A IA y / Sal- _ ! r' j I ml THONq p (j y sat , F 9A114:Y A- 3 •-`U 2 s i A S� N 282 za 21u 2B9 us 2810 2D 2c 2C A 2N 2F 2J 3 2BIA 2CI 5 11 5ct i 3A2 3A1 205 HALL 3 ?CAE +r O P 21 m (a /A 20 2R 2v 2B6 2AI 584E 582 582D 4 r 2A %a 5BU 5A x 3p 6 NORTNWES PKWY•. ST . --' 1 3c 3"3e 3 AcU' R 3 Ac IRV. 383 oN Ap ' --�- 3D4 zAz A pEAss ata s 3 4c 4D 7A 29 1em► t2 to 306 Ac oN ; 2E 2A r i U3A MAR ki _ w WA v. 2 UtA 2At° u; Ic t 401 4 �.--•\ i t i i j♦ 12.09 Ac tb' � 1 i �-�• �•-Ar--�- 0 , G-2- O ! 3A 1A CS_ — i 13a A< k 2ok161 IID JD W sM_ — 2 6C 4AI •�-`__ U4 i i t101 R Q1 i i� i i m 4C Iwo 20 Ac I m 1 1I04 I IIOSAI pp -) , 3 Ac 383 ��.qqALK 3 t 48 . 6l ,. I i 1 A- W ' 6AI i+ I •; 6.15 Ac 4A RAMOOw Si. I 8AI - AU ZA 28 20 I 1 I IA , 6. IAc i I 683 68 681 IA IC , ' 1 — �� 6AI C,y 1 V_ 61 A,<. u I 13.4 Ac , , i 10 Ac ID ,�• _ PARK M 6F1 6C c • 43.01 AC -- I `` TRACT MAP He ° cAst connrr>+tAL e1w. ' ��' �� `� 9LR1tY A—IOIJ i AV I IB IBI IA \ �; IM.1 6.3 Ac 18v �'/7-� 11 Ac _. ,0W / D-2 BIOC ,e4a 15.5 A ,e s IW2,3 k i 181U J. Farrar "C-3" 25RI 2.07 0 .v A A E NORTHWEST .�' EST pKW. Spin Representative #4 '`— Scott Martin TR 1� 3.13 @ Wal—Mart Stores, Inc. "C-3" yEZIN I- T. MAN SURV4 TR6C \ - A- l0 _8840 - ----SONTHEAKE BtNl)—State of Texas R.O.W.-- — — iR 2C. 2D / TR 1 074 0- 1 1R 281 % Dallas Foam .041 q TR 2C 1.459 Ar TR 2 2 725 AC . 164 M. Zembrod "AG" TR 2R 14 5P.6 AC 7D-3 IR 1628 City of Southlake, Texas No: ZA %-108 Review No: Om Date of Review. 8/30/96 P. rog OWFIRTEN M. ENGINEER: 71, CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/12/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. * This plan conforms to the Revised Site Plan for this development approved by the Planning and Zoning Commission on May 9, 1996 and approved by the City Council on May 21, 1996. No building or site changes are proposed with this plan. The applicant should be aware that any revisions made prior to the next scheduled meeting must be received at the City by 5:00 PM on 9/23/96. If not received by that time, no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and include an 1111 z 17" revised reduction. P & Z ACTION: September 5, 1996; Approved (7-0) subject to Staff Review Summary No. 1 dated August 30, 1996. Denotes Informational Comment cc: Kroger Co. JBM Engineers & Planners The Midland Development Group, 12655 Olive Boulevard, Westpark I, Suite 200, St. Louis, Missouri 63141 Ph.: (214) 980-8806, (314) 576-1900 Fax:(214) 980-8789,- (314) 576-7005 LAWP-FILES\REV\96\96-108CP.1 7D-4. I Ibis 11 It I HIPS! III N pa o at pf MOM R� p My . y .. �lot- lens , ... .. • .. • /t e R IN ,I Al W 9 svw MUM ... To S ~ f 7D-5 Resolution No. 96-58 (we Page 1 RESOLUTION N0.96-58 WHEREAS a z has been requested by a person or corporation having a proprietary interest in the property zoned as General=Ccrrcial ; and, .:; WHEREAS, in accordance with the requirements of . 'o °51(1)aarid' 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 the "eged" »' c©" "' rn on the property legally described as F as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "A", 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. 0 7D-6 L:\WP-F[LES\RES-ORD\96-58SUP.PKG Resolution No. 96-58 Page 2 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas A CITY OF SOUTHLAKE Bv: Rick Stacy, Mayor 1996. %D-% L:\WP-FILES\RES-ORD\96-58SUP.PKG U dui ,j N c: a, r rn 'Resolution No. 96-58 Page 3 EXHIBIT "A" — 5g Ig t+ . . • 33, i 99 j < g ! is !1101111 fit ------------------- .10 JOtJ/ • t 8AA[Q 8sruv� 8�YC11A �,++i1� �9 � 11011d0UA70 i ISYNd 3WLL1V 4� e . :[t 9,4 7D-8 L:\WP-FILES\RES-ORD\96-58SUP.PKG City of Southlake, Texas STAFF REPORT September 13, 1996 CASE NO.: ZA 96-71 PROJECT: Specific Use Permit - Outside Storage/Great Outdoor Landscape STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 Attached is a letter from Scott Malone, Applicant for the above -referenced case, requesting that the item be tabled until the City Council Meeting on November 5, 1996. Only the letter requesting the tabling is included at this time. The entire packet will be forwarded when the case is given full consideration. L:\WP-FILES\MEMO\96CASES\96-071SU.TBL -72) 51T"" f ee5 Adv- City of Southlake, Texas CASE NO: ZA 96-81 STAFF CONTACT STAFF REPORT September 13, 1996 PROJECT: Ordinance No. 480-207, First Reading Rezoning and Concept Plan/Southlake Woods Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Concept Plan for Southlake. Woods, being approximately 73.9848 acres situated in the W.R.Eaves Survey, Abstract No. 500, being a portion of Tract 2A2; and in the T.J. Thompson Survey, Abstract No. 1502, Tracts 1D, 2, 2A, 2A2, 2A3 and 2B. A total of 128 residential lots is proposed. (Please note that this is a revised request which previously proposed 105.26 acres,138 residential lots, and included Lots 3, 4, 5, 6, and 7, Airpark Estates. The request for "SF-20A" zoning on these lots has been withdrawn.) LOCATION: North side of Continental Boulevard, west of Peytonville Avenue, east of Davis Boulevard, and south of F.M. 1709 (Southlake Blvd.) OWNER: Robert G. Goode, Pat and Eileen Sheehey, and Bernard P. Cosgrove APPLICANT: Toll Brothers, Inc. CURKENT ZONING: "C-3" General Commow,...W is ict and "AG" Agricultural District REQUESTED ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Medium Density Residential (may include residential and limited low intensity office and/or retail uses) Mixed Use (may include residential and office buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR RECOMMENDATION: Business/Service - F.M. 1938 (same as in B-2, C-1, C-2, C-3, B-1 and 0- 1 districts) NO. NOTICES SENT: Forty-three (43) RESPONSES: Eight (8) written responses were received within the 200' notification area: • Rosetta Sheehey, 519 Davis Blvd., Southlake, TX. 76092, in favor. • J. Michael Usseglio, 910 Shadywood St., Southlake, TX 76092, MW opposed, "Too much development occurring on Peytonville, South Avenue - why can't these developments be spaced out over time, Mr. Mayor??T' Harry E. Gilliand, Jr., 624 Merrill Drive, Bedford, TX 76022, undecided about. "I wish to speak briefly at P&Z meeting regarding this proposed layout. (My daughter, Lori Livingston, may speak with me, or in my behalf.)" • Annette Benbow, 1202 Scenic Drive, Southlake, TX. 76092, opposed to. "I am opposed to the request because the City of Southlake has not provided adequate drainage for existing subdivisions. To increase the run-off by allowing agricultural and open areas to be developed without improvements in the drainage facilities endangers my home." See attached letter. • Donald and Martha Reukema, 908 Shadywood Ct., Southlake, TX 76092, opposed. "Increased traffic on Peytonville. Exit subdivisions to Davis. We were told when we bought in Chimney Hill, Peytonville would remain two lanes." • Howard and Viola LaFevers, 1000 Shadywood Ct., Southlake, TX 76092, opposed to. "We are opposed to the zoning change: 1) Added congestion on Peytonville Road, 2) Potential to change Peytonville from two to four lanes, 3) Further loss of rustic setting that drew us to Southlake." • Naomi R. Morrison, 701 S. Peytonville Ave., Southlake, TX 76092, opposed to. "Entrance and exit of proposed addition should be Davis, Continental, or 1709. I object to another addition adding increased traffic flow on Peytonville." • Brandon and Kay Baker, 620 S. Peytonville, Southlake, TX. 7609Z opposed, because of lot sizes and not a smooth transition to larger acreage lots, loss of country atmosphere, increased traffic, drainage, loss of trees. See attached letter. A petition of opposition presented by Michael H. Lease, 370 South Peytonville, Southlake, TX 76092 was received with sixteen (16) signatures stating opposition to rezoning and platting. Of these signatures, fifteen (15) were within 200' and one (1) was outside 200' notification area. Fourteen (14) of the respondents also signed letters which offered four (4) reasons for their opposition. Briefly, these are: 1. The increased traffic that this proposed development will bring to South Peytonville is totally unacceptable. The traffic is already at a dangerous level in the morning and afternoon. 2. Lots 2 through 7 should remain as platted to maintain the rural setting. Any change in this original platting will upset the existing continuity. QW, 3. Public safety vehicles may not have adequate access to this large of a development without additional access roads. 4. Possible soils contamination due to years of questionable fuel, MM oil, and other hazardous chemical storage and handling procedures need to be examined. Mike Usseglio, 910 Shadywood, Southlake, TX Martha Reukema, 908 Shadywood, Southlake, TX Gloria Tarvin, 906 Shadywood, Southlake, TX Cathy Thacker, 902 Shadywood, Southlake, TX Al & Suzanne Spinks, 1413 Northridge, Southlake, TX Howard LaFevers, 1000 Shadywood, Southlake, TX Connie Harrell, 920 S. Peytonville, Southlake, TX Sandy Plunkett, 825 S Peytonville, Southlake, TX Casimia Muzyka, 823 S. Peytonville, Southlake, TX Jose Franco, 801 S. Peytonville, Southlake, Tx Naomi Johnson, 701 S. Peytonville, Southlake, TX Larry & Jeannie Akard, 260 S. Peytonville, Southlake, TX Brandon and Kay Baker, 620 S. Peytonville, Southlake, TX (Also see attached letter.) Charles M. Foster, 360 S Peytonville, Southlake, TX Lori Livingston, 2020 W. Continental Blvd., Southlake, TX Michael and Sandy Faulkner, 1000 S. Peytonville, Southlake, TX Three (3) written responses were received outside the 200' notification area: • Bennet Liu, 1111 W. Airport Freeway, Ste. 201, Irving, TX 75062, in favor. • R.F. Johnston, 139 Jellico Circle, Southlake, Texas 76092, opposed "It is too congested, I suggest minimum one acre lots for this area. The access for Fire, Police, and Medical is too restricted." • James W. Giffin, 3002 Briar Lane, Southlake, TX., opposed. "This would prohibit building of our planned 2 story office building at 963 and 961 Greenwood Drive. This is unfair to existing zoned property." See attached letter also. Thirty-nine (39) identical letters of support were received outside the 200' notification area. Reasons cited include: "...the approval of this proposed development will result in the Airport being taken our to service. Taking this airport out of service would alleviate concerns of small airplanes currently taking off and landing over our homes and the grounds of the Carroll Elementary School." See attached letter. Two (2) letters have been received by residents requesting that their letters of opposition be removed: • Lori Livingston, 2020 W. Continental Blvd., Southlake, in favor. "We have reviewed the revised plan submitted by Toll Bros., Inc. currently before the City of Southlake and do hereby formally withdraw our protest." • Connie Harrell 920 South Peytonville, Southlake, undecided. "Please MM remove my name form the petition opposing South Woods redevelopment by Toll Bros. I am neither for nor against the project." P & Z ACTION: July 18, 1996; Approved (7-0) to table and continue Public Hearing until August 8, 1996 due to Case Limitation Resolution No. 95-24. August 8, 1996; Approved (7-0) Applicant's request to table until September 5, 1996. September 5, 1996; Approved (7-0) subject to Staff Review Summary No. 3 dated August 30, 1996 amended as follows: Deleting item # 3A (granting applicant's request for 30' building setback lines along side street of corner lots); Revising fence exhibit to reflect extension of masonry fence to Lot 11, Block 1; Provide wood fence with brick columns from Lot 12 thru Lot 16, Block 1; Label berm on west property line; Provide 4' wrought iron fence along Peytonville Ave. and Continental Blvd except for area adjacent to the dam; Delete 4' wrought iron fence adjacent to Stonebury. STAFF COMMENTS: The applicant has met all the items in Staff Review Summary No. 2 dated August 2, 1996 and Staff Review Summary No. 3 dated August 30, 1996 with the exception of those items addressed in the attached Staff Review Summary No. 4 dated September 13, 1996. L:\WP-FILES\MEMO\96CASES\96-081ZC.WPD ' SEP-11-1996 10:13 TOTAL MAINTENANCE CONCEPT 817 431 1686 P.02 L44 ""l arso 667 X CulaU SWstikJm Tftu 76M n.�rcamat: scuo" utd do baeby fimady w .w our protesL 1 TOTAL P.02 gA-5 TOTAL P.02 FROM : HARRELLFCUSTOM HOMES, INC. PHONE NO. : 817 329 6920 P01 Q., REC'0 SEP 0 51996 L• . POST, BUCKLEY, EB SCHUH & JERNIGAN, INC. rly The Nelson Corporation September 9, 1996 Mr. Dennis Killough, Planner Community Development Department CITY OF SOUTHLAKE 667 N. Carroll Avenue Southlake, Texas 76092 RE: SOUTHLAKE WOODS Dear Dennis: We have received your third set of comments regarding the above project dated August 30, 1996. In general, we are in agreement with the comments and corrections have been made to the Zoning / Concept Plan and Preliminary Plat. Seventeen (17) sets of corrections have been included for the City's use. For your convenience, the review comments and responses are summarized as follows: 1. Concept Plan (42w, Item 1 The lot lines have been adjusted to respect the SF-lA and SF-20A zoning lines respectively. A separate legal description has been prepared and submitted for only the SF-20A request (see attached). The new acreage for the SF-20A request is 73.99 Acres, exclusive of the existing Airpark Estates, which remains SF-1 A. Item 2A The common area described in the comments has been corrected with lot and block numbers adjusted accordingly. Item 2B,C The land use schedule has been corrected accordingly. Item 3A This item has been deleted from the comments by the P&Z action of 9/5/96. The P&Z approved 30' side building lines on specific corner lots. However, at this time we withdraw the variances requested on SF -IA lots. All SF-lA lots will comply with setbacks required by the Zoning Ordinance. No variances or special exceptions are requested on SF -IA lots. Lots 70, Block 1 and 40, Block 2 have been corrected accordingly, with 40' building lines. Item 3B The building line has been corrected. In addition, this comment reflects an issue resolved in a previous review. Another common area has been added, and the amenity center lot no longer directly fronts on Continental Blvd. Therefore, the front building line is along Deer Hollow Blvd. Deleting the common area was an oversight, and replacing it resolves this problem. 5999 Summerside Drive, Suite 202, Dallas, Texas 75252 - 214/380-2605 - Fax: 214/380-2609 8A-7 Engineering - Planning - Surveying - Landscape Architecture - Construction Management ON Mr. Dennis Killough September 9, 1996 Page 2 of 2 Item 3C,D Corrected on the plan. 2. Preliminary Plat Items 1-5 Corrected on the plat. Item 6A This item was deleted by the P&Z action of 9/5/96. In addition, we withdraw the request for variances requested on the SF -IA lots. All SF -IA lots will meet the Ordinance requirements for building lines. No special exceptions or variances are requested for SF -IA lots. Lots 70, Block 1 and 40, Block 2 have been revised to reflect a required 40' building line. Item 6B Same comments as for concept plan. Common area added, amenity center lot has no direct frontage on Continental Blvd. Frontage is on Deer Hollow Blvd. Item 6C-D Corrected on the plat. Items 7-8 Corrected on the plat. If you have any questions or need any additional information, please feel free to call. Thank you in advance for your time and assistance. Sincerely; POST,BUCKLEY, SC/%�HUUH /^ 1 I wn/ Richard F. Ritz, Jr. \ Landscape Architect J:VOB\9604800WOREV IEWIRR rp INC. C• . �•1 SOUTHWOOD LAKES LOT SUMMARY Li 3 BLOCK LOT AREA SQ FT 1 1 36697 1 2 20027 1 3 20059 1 4 20241 1 5 21319 1 6 22049 1 7 22322 1 8 22140 1 9 21502 1 10 20404 1 11 20007 1 12 20223 1 13 20125 1 14 20368 1 15 25261 1--- - .. 16 - - - 29850 - 1 17 26927 1 18 23343 1 19 28629 1 20 23898 1 21 20001 1 22 20007 1 23 20057 1 24 28308 1 25 27003 1 26 20038 1 27 20067 1 28 27323 1 29 23730 1 30 20090 1 31 20126 1 32 25458 1 33 23213 1 34 20078 1 35 25896 1 36 20371 1 37 24678 1 38 30956 1 39 26377 1 40 29369 1 41 23804 1 42 29516 1 43 20012 1 44 20020 1 45 20306 1 46 21181 1 47 21514 1 48 22129 1 49 35504 1 50 33810 1 51 20528 1 52 20010 1 53 20035 1 54 20006 1 55 43576 1 56 44576 1 57 44452 1 58 34571 1 59 43786 1 60 43612 1 61 43642 1 62 20016 63 .- 22504 1 64 21163 1 65 20027 1 66 32921 1 67 43571 1 68 47051 1 69 53495 1 70 51513 1 71 1242 TOTAL 1878630 7M, 0 BLOCK LOT AREA (SQ FT) . 2 1 12306 2 2 42858 3 33599 4 37180 2 5 48381 2 6 46757 2 7 43932 2 8 43574 2 9 57970 2 10 43560 2 11 43562 2 12 43584 2 13 43577 2 14 43569 2 15 35523 2 16 43566 2 17 43568 2 18 21946 2 19 43616 2 20 34917 2 21 24046 2 22 22600 2 23 20189 ' 24 30013 25 31058 2 26 21943 2 27 27158 2 28 30607 2 29 32317 2 30 44082 2 31 44080 2 32 44793 2 33 46651 2 34 49659 2 35 64906 2 36 4982 2 37 43624 2 38 43771 2 39 43613 2 40 53544 A BLOCK LOT AREA SQ FT 3 1 22328 3 2 21448 3 3 21497 3 4 20158 3 5 22354 3 6 22241 3 7 20268 3 8 21956 3 9 20070 3 10 21789 TOTAL 214109 BLOCK LOT AREA SQ Fr 4 1 21594 4 2 20058 4 3 20291 4 4 20521- . 4 5 20030 4 6 23115 4 7 20731 4 8 20321 4 9 20421 4 10 20043 4 11 21760 4 12 20022 TOTAL 248907 8A-10 ' COPY I TriState ENVIRONMENTAL MANAGEMENT SERVICES INC. August 8, 1996 City Council City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 �szo1996 D OFFICE OF CITY SECRETARY Subject: Property and Improvements (if any) Southlake Woods Property Platting and Zoning Application Nos. ZA96-80 and ZA96-81 City of Southlake, Tarrant County, Texas (the Property) Dear Council Members: The undersigned is a duly licensed engineer and/or environmental consultant. (iIw The undersigned certifies to you that the undersigned has completed an environmental site assessment (ESA) of the property, and that: A. The history of the Southlake Woods property, since May 1, 1946, does not reveal the name of an owner, tenant or other user indicating a possible current or former use involving, or storage of, hazardous or toxic materials, substances or wastes (which terms include for purposes of this letter, asbestos, polychlorinated biphenyls and petroleum products), except the portion of the Goode Airport property included in the Southlake Woods property where the take -off, landing and housing of small, privately -owned, propeller -driven aircraft in various states of repair was-er is being conducted, which involved or involves various petroleum products (e.g., aviation fuel, engine lubricants, etc.); B. On -site examination and observations, and investigations of any available hydrological, photographic and other technical data, by the undersigned did not reveal grounds to believe that the Southlake Woods property or the surrounding areas is being or had been used for, or affected by, such activities, except for small areas of petroleum product -stained surface soils in certain of the airplane hangars at the Goode Airport; C. The Southlake Woods property is not included on any federal or applicable state Superfund List; RECD AUG 2 0 i 1810A Byberry Road, Bensalem, Pennsylvania 19020.215-638-4338 - (Fax) 215-638-7597 8A-11 City Council City of Southlake August 8, 1996 Page 2 D. Tests taken at, on and from the'Southlake Woods property, and examinations of the Southlake Woods property, including those areas identified in Paragraph B above, did not reveal evidence that there now exists on, in, under or affecting the Southlake Woods property hazardous or toxic materials, substances or wastes except for small areas of petroleum -product stained surface soils in certain of the airplane hangars at the Goode Airport; and E. If the procedures described in steps A through D above revealed any actual or potential environmental irregularities or non-compliance with environmental laws, the cost of correcting such irregularity or non-compliance is estimated to be $5,000 to $10,000. In making this certification the undersigned has within 150 days of the date of this letter: 1. Obtained and relied upon (a) a title abstract prepared by a duly licensed title insurance or abstract company, or duly licensed attorney, of the names of the current and prior owners, tenants and other users of the Southlake Woods property, commencing May 1, 1946 through a date within 90 days of this letter, and (b) local building, health, fire and environmental department(s) records; 2. Made a physical on -site examination of the Southlake Woods property, and a visual observation of the surrounding areas; 3. If paragraph D above indicates that tests were taken at the Southlake Woods property, made such tests of samples from the Southlake Woods property, in such locations and quantity, as well as other tests and investigations of the Southlake Woods property (including of the improvements thereon, if any) as, in our professional judgement, are deemed necessary and appropriate utilizing testing laboratories which, in our professional judgement, are capable of performing such tests and analyzing the same; 4. Examined additional available technical data, such as registered underground storage tank lists, existing aerial photography, ground water maps, which provided further pertinent information; and THState ENVIRONMENTAL MANAGEMENT SERVICES INC 8A-12 City Council City of Southlake August 8, 1996 Page 3 5. Examined the Federal List of Superfund Sites as published by The Government Printing Office and the state list of Superfund Sites, if published, for Texas. The undersigned has been retained by Toll Bros., Inc. or one of its affiliates in order to perform an ESA of the Southlake Woods property. In connection therewith, we acknowledge that: 1. The City of Southlake is relying upon the ESA and this certification in making a platting and zoning application now or hereafter associated with the Southlake Woods property. 2. The ESA was completed in substantive compliance with the technical requirements of ASTM Standard Practice E1527-93 for ESAs. Please contact me if you have any questions or require additional information. Very truly yours Terence A. O'Reilly, PG, REM Senior Project Manager cc: Kenneth J. Gary; Esq.; Toll Bros., Inc. Barry A. Depew; Toll Bros., Inc. Theodore H. Sobieski, PG, CHMM; TriState RUPDOMOM NSOUTMLAK.LET \1\001'vTHS ta te ENVIRONMENTAL MANAGEMENT SERVICES INC 8A-13 A July 15, 1996 CITY MANAGER City Planning and Zoning Commission City of Southlake 6674 N. Carroll Southlake, TX 76092 RE: ZA 96-80 ZA 96-81 I am opposed to the request because the City of Southlake has not provided adequate drainage for existing subdivisions. To increase the run-off by allowing agricultural and open areas to be developed without improvements in the drainage facilities endangers my home. At present the run-off from this area flows underneath a bridge on Continental, across school property and my yard to a drainage pipe underneath Scenic Drive. The drainage pipe is not large enough to allow the water through, so it backs up in my yard until it is able to flow over the top of Scenic Drive. Since there is no other outlet, the residents of Scenic Drive and Timber Court are isolated until the water recedes. I have lived at this address for eleven years. My yard never flooded until Chimney Hill Subdivision was built. The City Manager was made aware of this problem and has pictures for documentation, but the City has not found the money in its budget to solve the problem. It is a common sight on our street for the water to reach the side of my home. Any increase in the amount of water could put it into my home. In recent years the flood plain has been revised, and I am now required my mortgage company to have flood insurance. Not only has this drainage problem cost me financially, it has cost me in' and energy. Each time the yard floods, it leaves additional dirt, leaves, brokers es, cans, used needles, tree limbs, and other assorted debris to be cleaned up. I attached pictures from a rain at the end of July, 1995. This was a normal rain, ° ing outstanding about it. You can see that the amount of water is incredible and clearly is outside the drainage easements. It is for these reasons that I can not support the rezoning of this land. 4,,,1, 6,z, Annette Benbow 1202 Scenic Drive Southlake, TX 76092 cc: City Manager REC'D J U L 2 9 1996 wise- wroi ' ="''� ®! i.! NFo- ce"—�' ■ / ; i '^` � � - � '"- _ � ♦`"'� �K ,fit, * f _ � �, +GSM} ,t ivy"4 i � ';' it 4r' ._ �' "�'" •..b }. , i' � • •�. i, i ✓ 1� �41 1' A No,- s- Al 10 1 oil � - r - _--- - _ � •-�'' 4y ;. ems: ` �y .. i �� .. � ��-+• � +r•t. ^ _' � as �4.-���' � , �-: ' -1t � ,� S.•.. ^ t �� � mod' � I/ •� //i► `� ::ice / � i •r�r '�r �!/ � _ _ _-...f_- r,fri} f'_'�' .r. % ._ A �w �.. -� • rrl .�� i . "RJrN>•� RE: PROPOSED REZONING "GOODE AIRPORT" ON S.PEYTONVILLE AND CONTINENTAL ROADS WE ARE OPPOSED TO THE REQUEST TO REZONE FOR THE FOLLOWING REASONS: 1 This single family development of houses on 20,000 SQ.FT. lots effect the "country atmosphere" that many of us moved here for. A survey of homeowners ADJACENT to this tract on South Peytonville will show homer with acreage except for Chimney Hill at the very end of the street. Airport Estates is platted for only 3.5 to 5 acre lots. Re -zoning down to 20,000 sq. ft. lots is Not a 'smooth transition' from lots with acreage or from the C3 property. 2 The1Y:�r.^-,u c�r� ir+ }ram fi ��' 'C ?).- .mac ` 4 l l f L.i ._ i development would make an already unsafe street worse! At morning rush hour, the traffic is heavy between the high school at one end and the elementary at the other, in addition to the construction workers and home owners going to work! 3 Drainage (water runoff) down stream is one of our greatest concerns. How can this be properly handled to eliminate any more erosion/flooding? We (and the city) had tens of thousands of dollars worth of excavating done in 1994 to control drainage. We know first hand the tremendous amount of water that flows west and south through our property! What will 50% more runoff (calculated amount from roofs, driveways, and streets) mean down stream? The current proposed development has no provision for drainage. 4 There is currently no sewer in this area. This fact does not seem to be addressed in the proposed development. 4 How many trees will be lost due to this development? We have already witnessed 200 year old oaks bulldozed at Stare Gate (on S. Peytonville) and groves of oaks removed at Park Place (on S. Peytonville). The City fathers seem to give little consideration to destroying trees in the path of development. A If some form of re -zoning does pass in the future on this tract, we would like to see P & Z and the City Council demand buffer areas that reduce the removal of trees and loss of "open space", while maintaining a smooth transition to the surrounding sites.] B We would also like to see some minimum size (square foot) restrictions on these houses that complement the neighborhood, to maintain current and future property values. Sincerely, Brandon & Kay Baker at 620 S. Peytonville REC) JUL 17 1996 8A-18 Oe Michael H. Lease 370 South Peytonville Ave. Southlake, Texas 76092 Phone (817) 329-4241 (M) Fax (817) 424-5240(M) July 15, 1996 Karen Gandy City of Southlake 667 North Carroll Ave. Southlake, TX 76092 Re: Zoning application 96-80 and Plat application 96-81 Dear Karen; As you requested I have attached the following petition in opposition to the above referenced zoning and plat applications. Please direct these petitions and letters to the zoning commission. Thank you for your help in this matter. Sincerely, Ce Michael Lease Petition In Opposition To Platting and Zoning Requests 96-80 96-81 Planning and Zoning Commissioners City of Southlake 667 North Carroll Ave. Southlake, Texas 76092 Submitted to The City of Southlake Planning and Zoning Commission July 18, 1996 We the undersigned property owners, collectivley representing ownership in excess of twenty percent ( 20% ) of the property lying within two hundred feet (200 ` ) of the afore referanced preliminary plat, and rezoning request, oppose in their entirety these application requests. Property Owner Address Date U ss�� � o A�anftlsz, goo) �\VNAuA)12ad � 5Pr nks Sp"n ks X13 L&Ftvtrs .' boo �n L'J Cook C� 7 y 13 8A-20 !M� Petition In Opposition To Platting and Zoning Requests 96-80 96-81 Planning and Zoning Commissioners City of Southlake 667 North Carroll Ave. Southlake, Texas 76092 Submitted to The City of Southlake Planning and Zoning Commission July 18, 1.996 We the undersigned property owners, collectivley representing ownership in excess of twenty percent ( 20% ) of the property lying within two hundred feet (200 ` ) of the afore referanced preliminary plat, and rezoning request, oppose in their entirety these application requests. Property Owner Address Date ranco _ 8A-21 S. 6 G 6 A A Petition In Opposition To Platting and Zoning Requests 96-80 96-81 Planning and Zoning Commissioners City of Southlake 667 North Carroll Ave. Southlake, Texas 76092 Submitted to The City of South -lake Planning and Zoning Commission July 18, 1996 We the undersigned property owners, collectivley representing ownership in excess of twenty percent ( 20% ) of the property lying within two hundred feet (200 ` ) of the afore referanced preliminary plat, and rezoning request, oppose in their entirety these application requests. Property Owner Brandon f 1<au a Kcv- Address ter. Date ` 8A-22 G 0 Petition In Opposition To Platting and Zoning Requests 96-80 96-81 Planning and Zoning Commissioners City of Southlake 667 North Carroll Ave. Southlake, Texas 76092 Submitted to The City of Southlake Planning and Zoning Commission July 18, 1996 We the undersigned property owners, collectively representing ownership in excess of twenty percent ( 20% ) of the property lying within two hundred feet (200 ` ) of the afore referenced preliminary plat, and rezoning request, oppose in their entirety these application requests. Property Owner Address Date 8A-23 9 1�7 J RE C� J U L 3 0 1996 8A-24 James W. Giffin 3002 Briar Lane Southlake, Texas 76092 488-3308 (office) 329-0358 (home) Ms. Lori Farwell Community Development Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Dear Lori, 01 1996 July 31, 1996 Reference: ZA 96-80 & 96-81 Thank you for faxing to me the notices regarding the above referenced matters before the Planning and Zoning Commission. I own the properties in North Davis Business Park that are immediately adjacent to the subject property in these actions. ZA 96-81 I am opposed to the zoning change request for the following reasons among others: 1. The existing C-3 and SF -IA zoning allow for fair and equitable use and development of the subject property. There is no compelling reason to convert these two sections to higher density housing. The city cannot afford for any existing commercially zoned property to be converted to medium or high density residential zoning; and likewise, existing SF-1A property to a higher density SF-20A zoning. NO! 2. The conversion of any property along Davis and 1709 to Residential conflicts with the Corridor Overlay Plan and is not consistent wif?i good management practices in the development of a balanced tax base. Additionally, the request conflicts with the Land Use Plan by combining Mixed Use, Medium Density Residential and Low Density Residential into ALL MEDIUM DENSITY Residential! NO NO NO!! 3. The placement of residentially zoned property immediately adjacent to existing I-1 zoned and developed building sites is not prudent planning. The requested proximity of SF-20A lots to these already fully developed industrial sites will cause unnecessary conflicts in the future between the. businesses located there and- the future homeowners of the proposed residential district. 8A-25 4. The existing property owner denied the city an utility easement for the purpose of installing sewer to the subject site. Subsequently, the (6W property owners in North Davis Business Park (NDBP) paid a sewer impact fee in excess of $6000 per lot for installation of a sewer connection to the North Davis line. It appears from the plans supplied that the proposed housing development plans to now avail itself of this sewer availability. That is unfair to the owners of lots in NDBP. The question begs to be asked, what portion of the impact fee will be returned to the owners of NDBP and how will this proposed development be assessed for sewer? ' ZA 96-80 I am opposed to the zoning change request for the following reasons among others: 1. Plans for construction of buildings on the I-1 lots immediately adjacent to the subject property are under way. Those plans now fall within all parameters of the existing zoning ordinance. The placement of residential dwellings (or the mere changing of the zoning) immediately adjacent to my I-1 zoned lots will unfairly limit the design, construction and physical dimensions of the planned construction on those lots. Buildings may be subjected to more stringent architectural requirements which do not now exist. 2. Any change in zoning should not adversely effect adjacent property owners. The placement of residential zoning, where none now exists, immediately adjacent to I-1 lots should not impact the development of the 1-1 lots. That means, if by changing the existing zoning, a need is created for additional fencing, walls, buffer zones, landscaping or anything else beyond the current requirements, the zoning change must not create any additional expense to the owners of the I-1 properties to comply with these new requirements. (i.e. who is going to pay?J- 3. If zoning changes are approved, then the proposed plat should be changed to place the green spaces adjacent to the I-1 lots along with providing an adequate vegetative buffer to create an isolation zone so that the businesses will not be adversely effected by the proposed housing. That's right, I said businesses should not be made to suffer any additional expense or restrictions due to a more restrictive zoning being granted adjacent to them. Residential areas don't want to have their serenity interrupted by commercial and industrial development; and conversely, commercial and industrial users should not have to change their plans and operations to suit someone who chooses to build a house next to the business property. 2 8A-26 n 0 C 0 F--ti CO CO M L A 4. The request does away with valuable commercial and SF-1A property to create higher density housing which is not in the best interests of the current or future citizens of Southlake. The city can ill afford to exchange the scarce and highly sought after commercial and business development sites for the increased infrastructure costs, loss of sales tax revenue and additional loading on CISD that come with residential development. I regret that I must be out of town and unable to attend the P & Z meeting on August 8. I would appreciate it if you would submit my comments to the commissioners for consideration. As always, I am available to answer any questions you or any commissioner may have. Thank you for your help. Sincerely yours, � n 0 n C ?mesW. Giffin 0 3 8A-27 AL_T'+ T-7- I-WAJ AIA TMIAI 6BIA IAIA IAIA WAM 696 682 a 13 j BW 6688�4lt IAIA3 j KELLER a UMIT p 303A3 X 3E1 ss 02 TRACT MAP 3 2CICI jo 1;+ 11 0 *2 --- - 98, , IEI MA ',;a" 3G 3H ml 90 E 3il 102 60 Ac F, BAZA ID3 10. L 7 78 6D 8A2B 8 -r* FRIE -5110 Jh 2.9 7A Ac 2 1105 29 c \OC-. A -=I Al: 13 Ac 6 Ac Ac Ac m r - 6 14k. 6A-4 ADp' . rl 9.64 Ac I*mmROAD m 31 31) 3E 3 1A,2 4 AA 1� - 00 IA IN' - 3 A 2 B I 20IcMAC600 fz JRD - 2D 23 .T'_ go-001 2E --3MC--2 -- orrio AD - 9.314 ------ I ES 3A R.J. P&DEN, 2F 2F 09 SURVEY A- 1255 2F1 204 2C15 2M 2F3 211 4 2 Al SA 5w OfY,5fz, " !rL , , :. 15 Ac If pp -rr ---- — ------- Q. ALLD PW EY A-15 SCI Ic 2 .0M --------- I22 Ac ------- 5 Ac J. 1rugH 58 0 SIU SA2 SURVEY 15.213 -------- . ....... IG I 15.4 Ac I- .. .... 5 Ac IA W. IA20 t.5 Ac 2 ---------- BA 6AI 6616M 6 6E ___r_ A- ID 6 Ac 2 Ac 5 Ac 7 A( W ZA 6C2 2.65 Ac 9 4- Ilk 6c 2A -4 60 cam 18 lA4 6nk rl IIIAIJ lot Ac 13 Ac V Ac 1 2 Ac ns KELLER CITY LIMITz 2A 5A % j i t4vy 3A IA 11.27 Ac PARSCARROLL 3A OyFA 1 EIEMMARY --- ---- 5 56 SCHOOL 25 Ac $6 000 3A 10 4 44 Ac 80 Ac -------- 8A-28 ,IB2 ADJACENT OWNERS AND ZONING A OWNER 1. H. Gilliand 2. Globstar, Inc. 3. Mercantile Bank 4. S. Jordan 5. W. Couch 6. R. Couch 7. J. Couch 8. B. Cosgrove 9. F. Sheehey 10. M. Cosgrove 11. 0. Collins 12. Venus Patterns 13. Albertson's Inc. 14. Souhtlake IV 15. DKV Sutton Partners 15a' Joyce Myers Ent. 15b. B. Lieu 16. W.B. Kidd Family 17. Chateau Devlop. 18. C. Baker 19. C. Foster 20. M. Lease 21. R. Goode 22. R. Goode 23. R. Goode 24. R. Goode 25. B. Harrell 26. Mikel Faulkner 27. R. Goode 28. Carroll ISD 29. City of Southlake 30. Country Walk Ltd. ZONING "AG" "I- I -AG- :AG: AG -AG- -AG - "AG' "AG" "C-3" •C-3• „C-3" „C-2" „PUD" "AG" "C-2• "SF-20A" "SF -IA, RE" "SF -IA" "SF- I A" "SF- I A" "SF -IA" "SF- I A" "SF -IA" "SF IA' "SF -IA" "SF -IA" "SF-20A" "SF-20A" I15a 15a 15 -< Revised Concept Plan 8A-29 Spin Representative #14 Karen Cienki Spin Representative #15 Wayne and June Haney City of Southlake, Texas CONCEPT PLAN REVIEW SUMMARY No: ZA 96-81 Review No: Pour Date of Review: 9/13/96 APPLICANT: r M tMMIM g97 _ � 4i 1 'M , �. ff YZIMEM SURVEYOR: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/09/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (8M 481-5581, EXT. 787'. 1. Common Area No. 3 should be divided at the zoning line between the proposed SF-20A zoning and the existing SMA zoning. Combine the east portion of the Common Area (located within the SF- lA tract) with. Common Area No. 2 (Lot 5, Block 2). 3 4. 5. M Number all lots (including Common Areas) in sequential order within the appropriate block. The following changes are needed with regard to the Land Use Schedule. A. Phase III should reflect 1 Common Area. Correct total lots, areas and densities -resulting from this change. B. Correct the density shown for Phase IA and Phase IV. The density -appears to be 0.79 DU/AC and 1.59 DU/AC respectively. Correct the legal description on sheet 2 to reflect only the boundary of the SF-20A zoning request. Correct the title to reflect the acreage and number proposed residential lots, common areas, etc. for the SF-20A zoning. Delete reference to "Airpark Estates". This is no longer part of the SF-20A zoning request. The following changes are needed with regard to building lines: A. A 35' building line is required along both street frontages on corner lots designated for SF- 20A. The applicant has requested a reduction to a 30' building line along the side street of the following corner lots: Block 1, Lots 17, 18, 33, 41, 43, 58, 63, and 64 Block 2, Lots 2, 15, 18, 21, 22, and 27 8A-30 City of Southlake, Texas Block 3, Lots 1, 5, 6, and 10 Block 4, Lots 1, 6, 7 and 12 (P & ZAction 915196, granted applicants request for 30' building setback line along the side street of the specified corner lots) B. Provide a 35' building setback line along the street frontage and "eye brow" of Deer Hollow Boulevard for Lot 4, Block 2. * The applicant should be aware the no driveway access shall be allowed from any residential lot within this development onto Southlake Boulevard (F.M. 1709), Davis Boulevard (F.M. 1938), Continental Boulevard or Peytonville Avenue." * Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent of this requirement. All lots adjoining properties zoned with or having a low density residential land use designation must be 125' in with at the rear property lines. All lots adjoining properties platted and having a SF-1 or RE zoning must have a minimum lot area of 30,000 square feet. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5;00 PM on 9/23/96. If not received by that time, no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11 " x 17" revised reduction must be provided. & Z ACTION: July 18, 1996; Approved (7-0) to table and continue Public Hearing until August 8, 1996 due to Case Limitation Resolution No. 95-24. August 8, 1996; Approved (7-0) Applicant's request to table until September 5, 1996. September 5, 1996; Approved (7-0) subject to Staff Review Summary. No. 3 dated August 30, 1996 amended as follows: Deleting item # 3A (granting applicant's, request for 30' building setback lines along side street of comer lots); Revising fence exhibit to reflect extension of masonry fence to Lot 11, Block 1; Provide wood fence with brick columns from Lot 12 thru Lot 16, Block 1; Label berm on west property line; Provide 4' wrought iron fence along Peytonville Ave. and Continental Blvd except for area adjacent to the dam; Delete 4' wrought iron fence adjacent to Stonebury. * Denotes Informational Comment cc: Toll Bros., Inc. Post, Buckley, Schuh & Jernigan, Inc. Robert G. Goode, 1953 Southlake Blvd., Southlake, Tx. 76092 Pat or Eileen Sheehey, Route 4 Box 37A, Sherman, Tx. 75090 Bernard P. Cosgrove, 515 Davis Blvd., Southlake, Tx. 76092 LAWNFILEM V\96\96-081CPA 8A-31 L CIIIIN-4 8- /Imp MOWN 14 A a s = 41 . s - itwd# �, blot?. 19 SO 01 IICAlIlE1P�111�Ih�711101A1�1 I H�e `III kll ICE IDp11110''rll HE 0:� pi svxa.L 'sv'rlva -ON' 'AIv01kJH3r Dv Hnnos 'junxona 'ZSOd 8A-33 V.0; i3ped"L\eeWOM Seel 'S *tdB2 31" Irm ec'ecMIT MGT a as two SVX31 'H1HOM 'id * 'ONI 'NVSINH3f 9 'HnK)s 'A3lN3ns '1SOd ^ram' �, .:^'r«,.. .,rx': ., � •�qjo 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 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. REQUESTED ZONING: WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as �h CommeWW,District, , SF 1A Sraigle F�iiiy Resiclentzal District; and "'A ' Ag y:E_._ , under the City's Comprehensive Zoning Ordinance; and L:\CTYDOCS\ORD\CASES\480-207.20A Page t 8A-35 (W 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 signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas,, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. (Woe NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: L:\CTYDOCS\ORD\CASES\480-207.20A Page 2 8A-36 (mr, Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning (40,01 Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to .avoid .undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. L:\CTYDOCS\ORD\CASES\480-207.20A gA-37 Page 3 (ave Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to 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 official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR ATTEST: L:\CTYDOCS\ORD\CASES\480-207.20A Page 4 8A-38 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CTYDOCS\ORD\CASES\480-207.20A Page 5 8A-39 Coe EXHIBIT "A" BEGINNING at a point for the southwest corner of Tract 2 of AIRPARK ESTATES, an addition to the City of Southlake, Texas according to the plat thereof. recorded in Volume 388-123, Page 99 of the Plat Records of Tarrant County, Texas; THENCE with the north line of said AIRPARK ESTATES, the following courses and distances to wit: South 00°55'20" East, a distance of 449.43 feet to a point foi corner; Sbuth,08'23'10" West, a distance of 156.51 feet to a point for corner; South 05°48'34" West, a distance of 481.35 feet to a point for corner; South 05°48'21 " West, a distance of 529.96 feet to a point for corner; THENCE South 05°48'21 " West, a distance of 653.46 feet to a point for corner in the centerline of Continental Boulevard; THENCE along the centerline of said Continental Boulevard, South 89041'56" West, a distance of 470.72 feet to a point for corner; THENCE leaving said centerline, and with the east line of a tract of land described in deed to H.E. Gilliland, recorded in Volume 7560, Page 1015 of the Deed Records of Tarrant County, Texas, North 00' 14'57" East, a distance of 427.86 feet to .a point for the southeast corner of NORTH DAVIS BUSINESS PARK, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 253 of the Plat Records of Tarrant County, Texas; THENCE with the east line of said addition and the east line of a tract of land described in deed to W.E. Couch, recorded in Volume 8713, Page 141 and Volume 4680, Page 389 of the Deed Records of Tarrant County, Texas, the following co .rses and distances to wit; North 00040'58" East, a distance of 230.04 feet to a point for corner; Cc North 00'27'05" West, a distance of 1315.27 feet to a point for the northeast corner of said Couch tract; THENCE with the north line of said Couch tract, South 89*05'15" West, a distance of 771.43 feet to a point for the southeast corner of a tract of land described in deed to Bernard Cosgrove, recorded in Volume 3865, Page 333 of the Deed Records of Tarrant County, Texas; THENCE with the east line of said Cosgrove tract, part of the way, North 01' 14'41 " West, a distance of 477.92 feet to a point for the northeast corner of said Cosgrove tract; THENCE with the. north line of said Cosgrove tract, South 89016'56" West, a distance of 79.84 feet to a point for corner; THENCE with the east line of a tract of land described in deed to Michael Cosgrove, recorded in Volume 7011, Page 700 of the Deed Records of Tarrant County, Texas, part of the way, North 00*28'12" West, a distance of 541.14 feet to a point for the northeast corner of said Michael Cosgrove tract; THENCE with the north line of said Michael Cosgrove tract part of the way, South 89026'51" West, a distance of 332.60 feet to a point in the east right-of-way line of F.M. No. 1938 (Davis Blvd., a variable width ROW); THENCE with the said east right-of-way line, the following courses and distances to wit: North 00050'37" West, a distance of 16.81 feet to a point for corner; North 06°33'37" West, a distance of 33.33 feet to a point in the south line of a tract of land described in deed to Otis Collin, recorded in Volume 8267, Page 1572 of the Deed Records of Tarrant County, Texas; THENCE leaving the east right-of-way line of said F.M. No. 1938 and with the south and east lines of said Collins tract, t 'lowing courses to wit: North 89027'51" East, a distance of 500.86 feet to a point for corner; North 00022'49" East, a distance of 302.99 feet to a point in the south line of SOUTHLAKE CROSSING, PHASE 1,'an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 251 of the Plat Records of Tarrant County, Texas; L:\CTYDOCS\ORD\CASES\480-207.20A Page 6 8A-40 THENCE with the south lines of said addition and the southerly and easterly lines of SOUTHLAKE CROSSING, PHASE 2, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 2425 of the Plat Records of Tarrant County, Texas, the following courses and distances to wit: North 89024'55" East, a distance of 121.53 feet to a point for corner; North 50'55'48" East, a distance of 261.36 feet to a point for corner; North 89*38'19" East, a distance of 317.29 feet to a point for corner; North 04°08'56" West, a distance of 243.94 feet to a point for comer; THENCE leaving the east line of said SOUTHLAKE CROSSING, PHASE 2, North 51 °27'45" East, a distance of 539.99 feet to a point for the northwest corner of STONEBURY, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 2917 of the Plat Records of Tarrant County, Texas; THENCE with the west line of said addition and the west line of BAKER ESTATES, an addition to the City of Southlake, Tex according to the plat thereof recorded in Cabinet A, Slide 1575 of the Plat Records of Tarrant County, Texas, the foll courses and distances to wit: outh 00' 12'57" East, a distance of 729.82 feet to a point for corner; South 00°09'57" East, a distance of 276.03 feet to a point for corner; South 00° 13'50" East, a distance of 436.87 feet to a point for the southwest corner of said BAKER ESTATES; THENCE with the south line of said addition, South 89°51'24" East, a distance of 307.59 feet to a point for the northwest corner of' said AIRPARK ESTATES; THENCE with the west line of said AIRPARK ESTATES, South 00045'29" East, a distance of 374.47 feet to the POINT OF BEGINNING and containing 73.9848 acres of land. 7 L:\CTYDOCS\ORD\CASES\480-207.20A Page 7 8A-41 Y.! r 1P olky 9iill fill u ion"� - 5 GHVAH'I( t� E � yila —� L:kCTYDOCS\ORD\CASEs\480-207.20A 8A-42 Page 8 . 'ONI IMYE t IoS &a IX3nE[ '.Lsod KOGYI «l s ..s w City of Southlake, Texas MEMORANDUM July 10, 1996 TO: Planning and Zoning Commissioners FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Miscellaneous Information from Michael Lease, Owner of Lot 2, Airpark Estates 370 S. Peytonville Avenue Attached are miscellaneous documents provided by Michael Lease that he asked that the P & Z Commission be given. All these documents appear to deal with deed restriction issues. As each of you are aware, the City has no review authority over deed restrictions because they are private covenants affecting specific parcels of land and its owners. Again, the only reason that these documents are provided to you is because Mr. Lease so requested. Au- KPG 8A-43 N Structures and Interiors, Inc. 2875 Exchange Blvd. Suite 105 Southlake, Tx. 76092 hone (817) 329�a241 ax (sM 42a-a20 - Fax Cover Sheet - Date: 7/8/96 Pages:• To: Karen Gandy City of Southlake Fax Phone: 817-488-9370 Telephone: 817-481-5581 From: Michael Lease Subject: Goode Zoning Application "�-u,t 1ST Please copy all P&Z commissioners. A?A�w REC'D J U L 0 9 1996 8A-44 42 s j QlC-Tie AbS M0UEA . RELEASE OF DEDICATION AND RESTRICTIONS - - STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § Reference is made to that certain Dedication and Restrictions of Airpark Estates, an addition to the City of Southlake, Tarrant County, Texas, executed by Robert G. Goode, Trustee, dated October 30, 1978, and recorded on October 31, 1978, at Volume 388-123, Page 99 of the Plat Records of Tarrant County, Texas (the "Deed Restrictions"), and to the Airpark Estates subdivision plat therein incorporated and filed of record at the same volume and page, which describes and identifies all of the tracts subject to the Deed Restrictions (the "Tracts"). The undersigned, being the owners of all of the Tracts subject to the Deed Restrictions, do hereby fully and forever RELEASE and DISCHARGE all of said Tracts from the Deed Restrictions in their entirety, which Deed Restrictions are hereby declared abandoned and canceled. This Release of Dedication and Restrictions may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Dated: STATE OF TEXAS COUNTY OF TARRANT of 11 1994. ROBERT G. GOODE, Owner of•...Tracts 3, 4, 5, 6, and 7 a NORMA F. GOODE (Spouse) This instrument was acknowledged before me on the , 1994, by Robert G. Goode and Norma T. day F. Goode. Notary Public in and for the State of Texas My Commission expires: Printed Name of Notary: -+avr �_ . 8A-45 STATE OF TEXAS COUNTY OF TARRANT of Owner of Tract 2 This instrument was acknowledged before me on the , 1994, by My Commission expires: STATE OF TEXAS COUNTY OF TARRANT of (Spouse) Notary Public in and for the State of Texas Printed Name of Notary: day This instrument was acknowledged 'before me on the day , 1994, by My Commission expires: Notary Public in and for the State of Texas Printed Name of Notary: RELEASE OF DEDICATION AND RESTRICTIONS (AIRPARK ESTATES) -- Signature .Pale— �- -- 8A-46 -- L A of Tract 2 Owner STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the of , 1994, by My Commission expires: STATE OF TEXAS COUNTY OF TARRANT LOIN (Spouse) Notary Public in and for the State of Texas Printed Name of Notary: day This instrument was acknowledged' before me on the day 1994, by My Commission expires: Notary Public in and for the State of Texas Printed Name of Notary: RELEASE OF DEDICATION AND RESTRICTIONS (AIRPARK ESTATES) -- Signature Page __ ___--_ -_ 8A-47 A STATE OF TEXAS COUNTY OF TARRANT Dated: STATEMENT OF PARTIAL VACATION OF RECORDED SUBDIVISION PLAT , 1994 KNOW ALL MEN BY THESE PRESENTS: T.ej c 7-lD Reference is made to that certain Airpark Estates �s;.):livision plat (the "Plat") dated October 30, 1978, and filed ::ctc:Orc. cn Cctober 31, 1978, at Volume 388-123, Page 99, of the Plat Records of Tarrant County, Texas. The undersigned, being the owners of all of the tracts of land shown on the Plat, do hereby declare the Plat to be vacated as to Tracts 3, 4, 5, 6, and 7 thereof, and do hereby request the Planning and Zoning Commission and City Council of the City of Southlake to approve said partial vacation. This Statement of Partial Vacation of Recorded Subdivision Plat may be executed in counterparts, each of which shall constitute an original hereof and all of which together shall constitute one and the same instrument. Approved by City of Southlake, day of , 1994. By: Mayor, City of Southlake 8A-48 e Iq A of Tract 2 Owner (Spouse) STATE OF TEXAS COUNTY OF TARRANT of This instrument was acknowledged before me on the , 1994, by Notary Public in and far the State of Texas My Commission expires: Printed Name of Notary: STATE OF TEXAS COUNTY OF TARRANT day This instrument was acknowledged before me on the day of , 1994, by My Commission expires: Notary Public in and for the State of Texas Printed Name of Notary: STATEMENT OF PARTIAL VACATION OF RECORDED SUBDIVISION PLAT (AIRPARK ESTATES) -- Signature Page 8A-49 .'j=• low, - r . �� `: �a?+,'��iif�'`�i:`•7�+"`e,"�} #_Kz•-rms^.`.,.7'�r .:d"i..a.. __._�a.�'..� �,,,.... w Owner of Tract 2 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the of , 1994, by My Commission expires: (aw Q., (Spouse) Notary Public in and for the State of Texas Printed Name of Notary: day STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of , 1994, by Notary Public in and for the State of Texas My Commission expires: Printed Name of Notary: STATEMENT OF; PARTIAL ,VACATION OF RECORDED SUBDIVISION PLAT (AIRPARK ESTATES) _ Si terra+,era paw -ar,� _- - _ �..,._ _ '3. . s n7�'f� �.. 4 • �..H`-s i'.rr`•�+" f---��l�Ic4r-.sx��y.Y7Cs'.Y : �•-- �. - au� v^r Y�ISVC 8A-50 --- — Carol Lee Hamilton, MPA Attorney At Law 1210 Cross Timber Drive Southlake, Texas 76092 871-488-3996; Fax 488-7840 June 6, 1996 Mike and Patti Lease 370 S. Peytonville Road Southlake, TX 76092 Dear Mike and Patti: This letter is to summarize my notes of a telephone call that I received from Mark Jimenez which occurred on June 5, 1996. Mr. Jimenez, as you are aware, represents Bob Goode. The purpose of the call was characterized by Mr. Jimenez as a "courtesy call" to advise me of possible action pending against you. I confirmed that I am your attorney for the property issue regarding the development of the adjacent property owned by Bob Goode. The details of the call were: 1. A zoning application was filed with the City of Southlake on 05/28/96. He did not have the application number. 2. Toll Brothers (Pennsylvania) is the developer. The plan calls for 120 lots on 104 acres. The proposed density would be 1.23 homes per acre, Lot sizes will range from 20,000 sq. ft. to 30,000 sq. ft. Only 30,000 sq. ft. lots will abut Lease's property. 3. The airport will close. 4. There will be an entrance off Peytonville and Continental. There will be a possible third entrance off 1709. 5. Development will begin on the western portion of the property, near the shopping center and move eastward. Development adjacent to the Leases would be at least a few years in the future. 6. Estimated development speed is 50 homes per year. Home prices are 1/2 million and up. Toll Brothers does all of its own development (no other builders are used). 7. The developer's position is that roads, sewer, etc. can be put in without violating the covenants. He cited McDonald v. Painter, 441 S.W.2d 179 (S. Ct. 1969). The developer Aw 8A-51 (W Page Two A also believes it can put in model homes in accordance with the covenants (one per existing Airpark Estates lot). 8. Goode had a survey of Lease's property done by Tommy Thompson. PBS & J (formerly Nelson Corp.) checked the survey. A finding is that a portion of the driveway "that Mike put in" is 11 inches outside of the property line. [I told him I did not believe that Mike put in the driveway.] 9. The Leases are in violation of the restrictive covenants with regard to the "perimeter fence". I asked, "Do you mean the open fencing in the front year?" The response was he thought that was the fencing in question. 10. The Leases are in violation of the restrictive covenants with regard to the "structure" built in the backyard. [After some discussion we agreed that the "structure" is the playhouse which I referred to during the rest of the call as "Nicole's playhouse"]. 11. There are apparently no other alleged violations of the covenants. [I asked whether Mr. Goode had ever complained to the former owner or to you. He could not affirm that a complaint had ever been made.] 12. "The moneyi " s gone", i.e., the only offer to you now is a forbearance of suit. If you release the covenants, then you would not be sued. [I am assuming that it would be Mr. Goode suing which would mean Goode still owns the property.] I asked repeatedly what benefit is yielded from suing (given that he stated that the development is going to occur regardless and the developer will "work around" the -Leases). His response was that because Mr.- Goode is being expected to uphold the covenants by not building homes, the Leases and the Fosters should likewise uphold them. 13. He called again on the evening of 06/05. I spoke with him on 06/06. He was more conciliatory in his tone. He stated he had thought of another possibility. He proposed: What if the developer agreed not to develop on any adjacent lots ("lots"meaning the re - platted lots after the zoning is approved), including no model home(s)? In exchange, both parties would release the covenants. 14. If the Leases do not release the covenants, Goode will "enforce the covenants" by filing a suit. Also, the property suit would allege encroachment of the driveway. First, the Leases will receive a formal notice giving 10 days to comply with the covenants and to remove the encroachment. If there is not compliance, then a suit will be filed. Damages are $200 per day for the encroachment. He cited the Property Code, Sections 202.004-C and 5.006. 8A-52 Page Three I wish to meet with you as soon as possible to discuss the implications of the call and to formulate strategies. Should you decide that becoming defendants in such a lawsuit is in your bests interests, then I will refer you to an attorney who practices exclusively in this area to handle the litigation. However, I will gladly represent you in all other related legal matters, negotiations and representations before the City of Southlake. The fees for my services will plus expenses. Billing will be in minimum increments of 15 minutes: This fee includes, but is not limited to research, preparation of documents and materials, review of legal documents, meetings and telephone calls. By signing below letter, you are agreeing to the terms of my representation. Sincerely, Carol Lee Hamilton, Attorney At Law We agree to the terms and conditions of legal representation by Carol Lee Hamilton. We understand that we may terminate this agreement at any time and owe only for legal services already received. Patricia Lease Michael Lease Date Date 8A-53 ARC O&CTURAL CONTROL COMMITI AIRPARK ESTATES 1080 South Peytonville Avenue Southlake, Texas 76092 8174814211 June 6, 1996 Michael and Patricia Lease 370 South Peytonville Avenue Lot 2, Airpark Estates Southlake, Texas 76092 Re: Airpark Estates Deed Restrictions Dear Mr. and Mrs. Lease: Please be advised that you are in continuing violation of the Airpark Estates Dedication and Restrictions dated October 30, 1978, and filed of record at Volume 388-123, Page 99, Tarrant County Plat Records (the "Restrictions"). Pursuant to Section IV of the Restrictions, "no residence, out -building, fence, wall or structure of any kind shall be commenced, erected or maintained, nor shall any addition thereto or change or alteration thereof be made" unless you have first submitted plans and specifications. L,,ns, plot plans, and grading plans to the Architectural Control Committee and obtained the mittee's written approval. v pp B. letter dated April 5, 1994, you were notified by the Committee that construction of your perimeter fence violated this Section IV. In addition, it has recently come to the attention of the Committee that you have constructed an out -building on your Lot 2 in violation of Section IV. You are hereby directed to immediately remove the perimeter fence and the out -building from Lot 2. In the event such removal is not effected within ten (10) days from the date of this notice, the Committee w-ill file suit to enforce the Restrictions. Please be advised that pursuant to Section 202.004 of the Texas Property Code, the Committee will seek assessment against you of the statutory civil damages of $200.00 per day for each violation of the Restrictions, accruing for each violation from the date construction was commenced. Furthermore, Section 5.006 of the Texas Property Code mandates that the court award to the Committee its legal fees incurred in enforcing the Restrictions. Please be advised that the Restrictions must be complied with and will be strictly enforced by the Committee against all current and future owners of lots in Airpark Estates. In that regard, you have previously advised the undersigned of your intent to replace the roof on the residence situated on Lot 2. Please be advised that pursuant to Section III of the Restrictions, all roofing material must be approved by the Committee prior to installation. Yours very truly, Robert G. Goode, 1 }-Chairman of -the •. •• ;c Itc t11T7 CJ�oi"�IIt2el Committee- 8A-54 _ _ A _ I Patricia G. and Michael H. Lease 370 S. Peytonville Avenue Southlake, Texas 76092 June 13, 1996 Robert G. Goode 1080 South Peytonville Avenue Southlake, Texas 76092 Dear Mr. Goode: This is in response to your letter dated June 6, 1996, and received on June 7th, concerning an alleged encroachment onto your property. Please be advised that we have removed the strip of driveway that is shown by your surveyors to be encroaching upon your property. It is our full intention to cooperate with adjoining landowners and our neighbors to promote the highest quality of living possible in our neighborhood. Should you elect to have your property surveyed again, we will appreciate a copy of the survey documents for our records. Thank you for bringing this matter to our attention. We trust that our responsiveness regarding the alleged encroachment will allay all of your concerns. Respectfully, Patricia and Michael Lease c: Carol Lee Hamilton, MPA, Attorney at Law 1210 Cross Timber Drive Southlake, Texas 76092 A 8A-55 5 J"rIMES L . COX, ATTORNEY TEL : 817-268-3701 Jul 08,96 16:11 No.001 P.02 JAMES L. COX Attorney - At - Law 1852 Norwood Plaza, Suite 206 Hurst, Texas 76054 (817) 268-3701 FAX (817) 282-6669 June 13, 1996 Mr. and Mrs. Charles Foster 360 South Peytonville Avenue Lot 11 Airport Estates Southlake, Texas 76092 and Mr. Mike Lease 370 South Peytonville Avenue Lot 2, Airport Estates Southlake, Texas 76092 RE: Airpark Estates issues Dear Mr. and Mrs. Foster and Mr. Lease: The purpose of this letter is to answer your questions regarding your rights with respect to the Airpark Estates restrictions. I have reviewed the Airpark Estates Dedication and .4estrictions document and the various pieces of correspondence you furnished to me. In addition I researched the relevant statutes and Texas case law. This letter will first set out the salient facts as I understand them and then discuss the pertinent issues in a question and answer format. CTUAL BACKGROUND Mr. Robert G. Goode platted and dedicated Airpark Estates in 1978. Nine (9) lots were platted and form Airpark Estates. These lots range in size from approximately three (3) to five (5) acres. The plat and dedication. along with the restrictive covenants was filed with the Tarrant County Clerk. You have furnished me with copies of the recorded plat and the restrictions. The Fosters purchased 'their Lot No. 1 from Mr. Goode after Airpark Estates was platted and dedicated and built their residence on it. Mr. Lease purchased i--t- No. 2 from others .who had 8A-56 JAMES L. COX, ATTORNEY TEL:817-268-3701 Jul 08,96 16:11 No.001 P.03 A Page Two Mr. and Mrs. Charles Foster Mr. Mike Lease June 13, 1996 originally purchased from Mr. Goode after Airpark Estates was platted and dedicated. Mr. Goode only sold four (4) of the original nine (9) lots and continues to own five (5) of the lots. The restrictive covenants have been generally observed and compliance has been maintained over the years. Neither the Fosters nor the Leases were contacted by the Architectural Control Committee, composed of Mr. Goode and his family members, regarding any restriction violations until 1994. In March of 1994, Mr. Goode approached the owners of the four (4) lots he did not own and requested that the restrictions in the recorded Dedication and Restrictions be terminated. By terminating the restrictions he would then be able to utilize the lots which he still owned in connection with the development of a subdivision on lands he owned to the south, west, and north of Airpark Estates. After termination of the restrictions was rejected, by certified letters dated April 5, 1994 Mr. Goode, ostensibly acting on. behalf of the Architectural Control Committee, notified both the Fosters and Leases that "certain construction" on their lots was in violation of the procedures set forth in the restrictions. In fact, the restrictions require that prior to commencing construction of any residence, out -building, fence, wall or structure of any kind, written approval by the Committee must be obtained. No further construction was attempted by either the Fosters or Leases, nor did either family seek written approval of the Committee after the April, 1994 notices. Using his control position as representative of the .Architectural Control Committee, and a quid pro quo approach for approval of certain new construction, Mr. Goode secured release of the restrictions from the other two families who own lots in Airpark Estates. In February, 1996, Mr. Lease was Contacted by Mr. Goode who again requested release of the restrictions. Mr. Lease rejected the request, but countered with an offer that involved the sale of his lot to Mr. Goode or alternatively the notion of damages payment plus the requirement of a land buffer between his lot and a proposed new subdivision. Mr. Goode rejected this counter proposal. During 1996 Mr. Goode has continued to attempt to secure a release of the restrictions from the Fosters. By letter dated April 23, 1996 Mr. Goode offered the Fosters $10,000 to release the restrictions. When this was rejected Mr. Goode conveyed his "last monetary offer" by letter dated May 10, 1996 to the Fosters offering them $15,000 to release the restrictions. The Fosters 8A-57 JRMES L. COX, ATTORNEY TEL:817-268-3701 L Page Three Mr. and Mrs. Charles Foster Mr. Mike Lease June 13, 1996 Jul 08,96 16:11 N0.001 P.04 rejected this offer. During May, 1996 Mr. Lease was verbally told that he would receive an offer from Mr. Goode after the Fosters had agreed to a release of the restrictions. On about June 7, 1996, the Fosters and the Leases received letters from Mr. Goode, ostensibly acting as Chairman of the Architectural Control Committee, demanding that they respectively remove a fence from Lot 1 and cease further construction of the same and remove a playhouse and fence from Lot 2 and cease further construction of the same. DISCUSSION OF YOUR QUESTIONS 1. Can the Architectural Control Committee force removal of the fences and playhouse and what are your rights with respect to the same? Section 202.003(a) of the Texas Property Code provides that restrictive covenants are to be construed to give effect to their purpose and intent. Under Texas law it is well settled that clear and unambiguous restrictions are enforceable The Dedication and Restrictions document is quite clear on the restrictions for construction on lots in Airpark Estates and on the required procedures for obtaining approval from the Architectural Control Committee. Section 202.004 of the Texas Property Code allows a Court to assess damages for restriction violations of pp to a maximum_ of $200.00 per day for each violation of valid restrictions. in addition, Section 5.006(a) of the Property Code .ways that the Court shall allow the prevailing party who asserts a Cause of action based on the breach of a restrictive covenant pertaining to real property reasonable attorney's fees plus that party's costs and claims. The short answer to the question is that neither the Fosters nor the Leases complied with the required procedures and the Committee does have the right to force removal of the items cited to be in violation of the restrictions in the June, 1996 letters. The letters give you a reasonable time to remove the cited items and I advise that you do so within the ten (10) day period stated in the letters. Of course, the law applies to Mr. -Goode too. Section 202.004(a) of the Property Code prohibits the discretionary authority of a representative or group designated by restrictive covenants from being arbitrary, capricious, or discriminatory. As property owners you may have a cause of action against Mr. Goode and other members of the Committee for damages they cause you, or 8A-58 JR11ES C. COX, ATTORNEY TEL:817-268-6701 Jul 08,06 16:12 1,10.001 P.05 Page Four Mr. and Mrs. Charles Foster Mr. Mike Lease June 13, 1996 may have already caused you, by their failure to uphold the restrictions. I suggest that you continue with your course of action to obtain the Architectural Control Committee's records so that you can ascertain any wrongdoing by Mr. Goode and others on the Committee. 2. What procedures should you follow in order to place "fences" and other "restricted structures" on your premises? The Dedication and Restriction document is very clear on the procedures you should follow in order to do construction on your properties. Paragraph IV of the document requires that "plans and specifications, designs, plot plans, and grading plans" must first be submitted to the Committee and approved in writing by the Committee. As noted above the Committee is held to the objective standard of Section 202.004(s) of the Property Code and may be liable for any arbitrary, capricious, or discriminatory actions on their part in granting or denying approval. From what you have told me Mr. Goode, acting on behalf of the Committee, may have sometimes been waiving the procedural requirements for written Committee approval when he verbally approved various minor construction projects and told you that written approval would not be required. If the Committee should require removal of any structure or item that Mr. Goode verbally approved and verbally waived the written approval requirements, you may have a cause of action against him individually for any damages he causes you. 3. When can the restrictions be released by Mr. Goode without the consent of the Fosters and Leases? Under paragraph X, on page 5 of the Dedication and Restrictions the duration of the restrictions and covenants is set out. The document is very clear that the minimum period for the restrictions is twenty f Iva ( 25 ) years from the date the instrument was filed with the County Clerk of Tarrant County, Texas. The procedure for termination of the restrictions at the twenty five (25) year time point is for owners of tracts covering more than fifty percent (50%) of the Airpark Estates platted area to execute and file a written agreement terminating the. restrictions at least five (5) years before the twenty five (25) year time point. This provision regarding duration is very common in recorded restrictive covenant documents regarding real estate and the wording of this particular paragraph is very common. The purpose 8A-59 JR.MES L. COX, ATTORNEY TEL=817-268-3701 Jul 08,96 16:12 No.001 P.06 age Five Mr. and Mrs. Charles Foster Mr. Mike Lease June 13, 1996 of requiring a minimum f ive ( 5 ) year recorded notice is to give both current owners and future buyers time to adjust their actions accordingly in anticipation of the removal of any or all of the restrictions. In answer to your specific question about termination of the restrictions in 1998, the document is very clear and Texas courts will hold that the restrictions cannot be terminated by less than all lot owners of Airpark Estates at twenty (20) years. The agreement to terminate at the twenty five (25) year point must be filed at or prior to the twenty (20) year point or the restrictions are automatically renewed for an additional period of ten (10) years beyond the twenty five (25) years. 4. Finally, can Mr. Goode legally still owns and/or put a road across then a proposed subdivision on lands he still and south of Airpark Estates? re -plat the.lots that he e lots in order to access owns to the north, west, I understand that Mr. Goode currently has an offer to buy lands he owns to the north, west, and south of Airpark Estates and that Toll Brothers is the prospective buyer and developer with plans to create the Southlake Woods development on such lands. The proposed plans indicate a re -platting and the subdividing of the Airpark Estates lots Mr. Goode owns and putting an access street across one or more of such lots. Mr. Goode's attorney has cited McDonald v. Painter, 441 SW2d 17.9 (Tex. 1969) as authority permitting such actions. McDonald involved a factual situation in which a plat was filed by the owners, but no restrictive covenant document was ever filed, like in your situation when Mr. Goode filed the plat with the Dedication and Restrictions document. In McDonald, after the plat for subdivision was filed, the lots were sold off individually with the deeds from the original owners containing substantially uniform restrictions. After many years Mr. McDonald and his partner bought the last three (3).available lots from the original owners' family, but these three (3) deeds did not contain any restrictions. Years later when Mr. McDonald and his partner wanted to subdivide their three ( 3 ) lots into six (0) lots and to put duplexes on each of these lots, the neighbors -..with restrictions in their deeds and chains of title objected. The Supreme Court of Texas held that the restrictions in the deeds of the purchasers of other subdivision Lots did not prohibit the re -subdividing and construction of duplexes on the lots that did not have restrictions. McDonald is not applicable to the factual circumstances of 8A-60 JHMES L. COX, ATTORNEY TEL:817-268-3701 Jul 08,96 16:14 No.001 P.07 (40" Page Six Mr. and Mrs. Charles Foster Mr. Mike Lease June 13, 1996 Airpark Estates and that case totally misses the point in your case. In contrast, Cole v. Cummings, 691 SW2d 11 (Tex.App. 6th Dist. 1985) is the closest factual reported Texas case to the factual circumstances of Airpark Estates. In Cole seven (7) lots of 3 to 4 acres each were platted as the Club Oaks Subdivision in Hunt County. The creator of the Club Oaks Subdivision filed a declaration of restrictive covenants which applied to all seven (7) lots and then sold the lots. The restrictions provided in part that "All lots shall be used generally for residential purposes only...." and prohibited any resubdivision of the lots. The joint owners of one lot (lot number 6) of the subdivision also owned lands adjoining lot number 6 and they sought to build a road across lot number 6 to access their proposed subdivision of the adjoining lands. The owners of the other six (6) lots filed a suit to stop a road being built through lot number 6 on the grounds that the proposed roadway violated the restrictive covenants of the subdivision because the road constituted a resubdivision of a lot and because the use of part of a lot for a roadway or street was not consistent with the "residential purposes only" restriction. The Sixth District Appellate Court held that the construction of a road across one of the Club Oaks Subdivision lots in order to access the adjoining property was a use other than residential purposes, that it was in fact a business activity, and that the road would substantially interfere with the other lot owners' use :,`,and enjoyment of their lots. The Court also said that use of a part of the lot for a road would also be a violation of the covenant against resubdivision of lots in the Club Oaks Subdivision. The Court upheld the enjoining of putting a road across lot number 6. Paragraph II of the Airpark Estates Dedication and Restrictions states in pertinent part: "Only one (1) single family residence and incidental suitable out -buildings shall be constructed or permitted to remain on any residential tract. . ." and "No residential tract and no residence or out -building located thereon shall ever be used for other than a single family residence or purposes incidental =thereto." Paragraph II clearly and unambiguously restricts the use of: Airpark Estates' lots to "residential purposes". In answer to the question posed above, it is my opinion that while the restrictive covenants remain effective, Mr. Goode or his Lf\_ �1 TAMES'L. COX, ATTORNEY TEL:817-268-3701 Jul 08,96 16:14 No.001 P.08 (40"'Page Seven Mr. and Mrs. Charles Foster Mr. Mike Lease June 13, 1996 successors cannot place more than one (1) residence on an Airpark Estates lot, even if it were subdivided. Further, he cannot put a road or street across the Airpark Estates lots for access to the proposed Southlake Woods subdivision while the restrictive covenants are effective. However, he probably has the right to get the Airpark Estates lots re --platted in anticipation of putting in more than one (1) residence per Airpark Estates lot and laying of a street after the restrictions terminate. To protect your rights if Mr. Goode should proceed with his present action, I would suggest the filing of a Declaratory Judgment action joined with a request for injunctive relief to get an injunction against either the building of a street and/or more than one (1) residence per Airpark Estates lot. As an alternative, in the event Mr. Goode or his successors violate the restrictions for Airpark Estates and do in fact place a street across a lot or build more than one (1) residence per lot, tyou could proceed against Mr. Goode or his successors and against he members of the Architectural Control Committee for your damages caused by such violations. I trust that the above helps you get a better grasp on what your rights are. If you have any further questions or comments, please contact me. JLC/nfc FA-0 Sincere ames L. Cox NI X Carol Lee Hamilton Attomey At Law 7270 Cross Timber Drive Southlake, Texas 76092 488-3996 June 14, 1996 Robert G. Goode 1080 South Peytonville Avenue Southlake, Texas 76092 Dear Mr. Goode: I have been the Lease's attorney for both business and personal matters for several years. You may recall that we met to discuss your plans to sell your property to residential developers. I have been asked by Mr. and Mrs. Lease to represent them regarding these potential development issues. This letter responds on the Lease's behalf to your letter of June 6th demanding compliance with specified Airpark Estates Deed Restrictions. The purpose of this letter is twofold: 1) First you .are formally notified that, pursuant to my advice, Mr. and Mrs. Lease have taken steps to comply with the demands as follows: Demand "...remove the perimeter fence..." "...remove... the out- building..." Response The fence will be razed. Nicole Lease's playhouse will be relocated to property not situated in Airpark Estates. The Leases will within ten (10) days have met your demands regarding the deed restrictions. In so complying, the Leases are showing good faith and are in a position to expect the same from all of property owners in Airpark Estates. 1 2) Second, you are advised that the Lease's legal interpretation (aw regarding the deed restrictions is at variance with your position. It is the Lease's position that: a) THE DURATION CLAUSE The deed restrictions are in effect until October 28, 2003. This date is twenty-five years from the date the deed restrictions were filed for record in the county courthouse. The additional language in the Duration clause providing for release prior to that time is not enforceable for lack of mutuality. The one landowner owning over fifty percent of the property in the subdivision, i.e., you, could conceivably release the covenants only against himself, but require all other parties to remain bound. That is unconscionable and not enforceable. Furthermore, the language is ambiguous and contorted. It would therefore have to be reconstructed by a court to be read in the light most favorable to the parties who did not draft the language. Thus, the grantees and their subsequent purchases, not the grantor, receive the benefit of the doubt in interpreting this garbled clause. b) THE "ARCHITECTURAL CONTROL COMMITTEE" This Committee was to be "initially" composed of you and yours, i.e., Norma Goode and Paul Goode. It seems that eighteen years have slipped by and no "permanent" Committee structure has been formed. The latter is implied in the use of the term "initially". Note that there is no language in these Deed Restrictions providing that so long as the common grantor retains title to over fifty percent of the property in Airpark Estates, the grantor(s) will have sole, binding and/or permanent control over Clause IV. "Approval of Building Plans." Thus, being a grantor is not expressly tantamount to a life term as Chair or member of this Committee. In reality, the Committee has long outlived its purpose, its usefulness and its enforceability as an Initial Committee. The participation of the other Committee members is unknown. My clients have operated under the understanding that because there is not an active homeowners' association nor have any efforts been made to organize a representative Architectural Control Committee as outlined above, that structures, fences and out -buildings which are per se not violative of the restrictions are permissible. The only step averted in the process is channeling such improvements through an architectural committee because, in actuality, there is not a permanent committee. 2 If the residents of Airpark Estates would like to get together to establish a representative and reasonable Committee to oversee the strict and literal enforcement of THEIR MUTUAL COVENANTS, then my clients have volunteered to be involved in this effort and to serve on the Committee if appointed through a representative process. Meanwhile, my clients are requesting that, if indeed, such a Committee has continued to exist subsequent to their purchase of Lot 2 (May 1990), that the committee please release for review copies of documents demonstrating a viable, active committee dating from May 1990. Such documents would include any written responses to Airpark Estate landowners which serve to notify them of Committee decisions regarding requested improvements consistent with clause IV. "Approval of Building Plans". Such decisions should evidence the participation of the other members of the Committee and bear their signatures. Any minutes or notes from such meetings are likewise requested. Finally, it has been the impression of my clients that you have not made continuous, reasonable and genuine attempts since October 1978 to sell the remaining lots in Airpark Estates. Your failure to do so has created the unconscionability and the unreasonableness regarding enforcement of Clause III. c) USE OF LAND RESTRICTED TO ONE RESIDENCE PER TRACT The overall intent of the restrictions however., is clear and unambiguous. The very first clause beyond the definitions (which incidentally fail to define the "Architectural Control Committee") emphatically provides for the construction of but one residence per lot and "incidental suitable out -buildings". Clause II. "Use of Land" states that "ONLY (emphasis supplied) one (1) single family residence and incidental suitable out- buildings shall be constructed...". A road, for example, is obviously not such an incidental out -building. Your attorney informed me of your reliance upon a legal case, McDonald v. Painter, which he claims permits development of your land despite the deed restrictions. The Leases are aware that this case involves grantees wishing to develop property, and that courts will invariably interpret deed restrictions in the light most favorable to the grantee. Also in the McDonald case, the innocent grantees received a deed which was out of the chain of title, i.e., they were unaware of the deed restrictions which prohibited the development they sought. Most importantly, the deed restrictions in the McDonald case never included restrictions against building more than "one single family residence". Case law such as Nelson v. Jordan, 663 SW2d 82 (Tex. Civ. App. 19811, however, upholds restrictive covenants in favor of a grantee. In this case the grantees sought to enjoin a grantor 3 �i\-ur 5 from developing adjacent property for other than single family residences. The restrictions contained language reserving to the grantor the right to change or cancel restrictions if there was a lack of development of adjacent property. Nonetheless, the covenants were fully enforced and the development was not allowed. My clients have shared their interpretation of the restrictions in the hope that you will better understand their position. They have complied with your demands to remove the fence and the playhouse. Perhaps, at your convenience, you would like to continue the discussions regarding making compensation to my clients. Compensation should take into account their premature release of the deed restrictions and their loss of protection from viewing suburban sprawl from their kitchen windows that they earnestly believed the restrictions provide. The Leases understand that only a release as to all parties to the covenants is a release as to any one party because there exists a general scheme of development for Airpark Estates. I have discussed with the Leases mutually satisfying resolution to call at my home 488-3996 at your my pager is 493-3083. Sincerely, Carol Lee Hamilton, MPA Attorney at Law c: Michael and Patricia Lease the benefits of seeking a this matter. Please give me a pleasure. For your convenience, 4 �,iAj[to 5mio%: Local Band Drastic Action, -rrge 2 Crag The yens page 4 City Seeks Applicants For Library Committee The City of Soulltlake is cur- rently seeking applications to ■ newly Wrined library Committee who will work closely with consult- ants to determine the feasibility of. entering into an agreement for a joimrGbtary with adjoining cities. Il acommiamwillconsistofseven member who will be appointed by dw City Council. The committee yvili,:iesearch libew systems and CMiAlbrretion.makutgarec- 4!-:emmandallon to the Ctry Council. • Applications am available in shaOffice of the City Secretary at k172TtX- Southlake Blvd in a Souitbtake or by calling the Sandra `:o(ltiod City Secretary at 481- .. ttrthrrfafotma_ Lion, Applications should be received in her office by July 12, 1996.•TbeC0uttil expocl lomake c daring the regular y, xtiog July 16. i Be, due t"ommtmity. Ceatec in violin: Linkperldns.;vioV;,and Camilla Swale. collm They hive cajoyed playing at' weddings; re, ceptioas, .4 comaninity events. For moro informaliou, aUvthe SOUthlake Parks and Retxeadon' Depaitmant it'481-5581. ell. 756. City. To Offer Residents Free Composting ClassAnd Bin The City of Souddake will offer a i IA hourcginposting class Tues- day. J ma 7-930pm at the ter im Bicentennial Park iaeived a state grant to tram * 1000 residents' on' how to manage solid waste by composting. NA as pan of the pro - 'gram. each. participant will be The ht, I k so 25 CENTS What's Good For The Goose... by Terry Fox Southlake residents Mike and Patty Lease are hoping to diffuse a conflict with neighboring land- owner R.H. Goode, They have removed their daughter's play- house and a wood -rail fence that, according to deed'restrictions, needed approval first. Those same deed restrictions, asserts Mike Lease, should keep Goode from carrying through with plans to develop the surrounding acres Onto smaller residential lots and •place a main entrance directly adjacent to tlto Lease's 5-acre Ply. Aitpark Estates, in which the Lease's and 3 other families re- side is owned by Goode and was platted in 1978 for 9 lots with sizes ranging from about 3 to 5 acres each; since 1978 Goode has sold 4 of those 9, including one to Lease. The landowners in the 325- acre development, located west of Peytonville just south of Carroll High School. are bound by deed restrictions established years ago by R.R. Goode, who currently ?die- number of lots lm Airpark Estates. Goode. who `.also owns Goode Airport, which lief adjacaut to Airpark Estates, 'ii;bound by those same resriq- �lict Laeeording to an attorney Vim1'whom Mike. Leas has �t4?1�;,�1 advice:` ry.Goode• ph— by Tm Nicole Lease, almost 9, witches as her father and neighbors low away her playhouse. owners do so. as wd posed development: reported that to it. He has since scat l ease says shortly other he slier hd wan rust contacted about application to the deed refused, he wa; tnstruckd'by. the wai m'tho.doed rearietio.' wctural committee sego Goode to rorttovc ayrgod fail fence he rust aeafa letter jo[txming him fence. and intends W GI and playhouse LearAkareelp4 about of vtolaQagsl pn 1" property 7u, rate application for U a month ago Uabb a rtnem¢t� residart thitptovlowlawai house vn.: of an archttecwnl ggmmittca do- vNbal'notico` i gv!lor�:. •Goode will appear b who b.tioeltlog to do- he thould'romt his airport property.. wittiie 10'days, k Estates into a com- lawsuit. Aecon With .tbadeveloptnent.:His proposal would reduce 'the re- maining 5 lots In Aitpark Estates `to approximately one -acre lots ind would rtcste a main entrance adjacent to Lease's property on ?eytonville. • Lease and another landowner have said no to the proposal, while 2 have said they i n a waiver only if all the other land- to Icase'rat- su uuons a at argnea a "vpr it., leasing Goode from restrictions. R.H. Goode and his attorney..'r Mark Jimenez, when•contacted about the above statements, said only that Lease and the other land- owners have Ute right to oppose the development Goode is proposing, and nude no other comment. The other resident of Airpar Estates who is opposed to the pro- City Council To Move Up Meeting Time •bY Terry Fox I - Approved the first reading of a TheCityCancil will mcctonc new Animal Control Ordinance. hour earlier beginning with the - Approved the first reading of an July 16 meeting, according to City ordinance requiring rogistration for Secretary Sandy LoGrand. persons who engaged in the busi- Currently. thccouncil meets for ness of painting address numbers its work session at 6pm, and regu. on street curbs. lar eexcirn at 7rm. Th,v tp - A,r.. —1 .ho r;,,•i .,•ad;o.. „r _ t be dun as well: he with the -matt. Folly. according the plagletiases, he was building for restricrions are a his daughter was placed on Ute whichthecityhar Property: of a neighbor where his daughterNicole will have cocas Baylor •Campaign Supporte By Local And Area ;Busines Local and tree businesses have Lions during April and 1 contributed $1.6 million toward a stated.^ $2 million campaign ftx due expan. Major community co Sion.o.tiBaylor Medical Cents include".Celia Box. Payk GnPevine., The Circle of Care Ford, Tags National Ba campaign will add 90,000 square Furniture, GTE, Bates ( feet to the center for services that Star Tdegram Norther focus on outpatient are Davii State Farm, Doi Campaign co-chair Donna Arp NationsBank. J.A. Gre mnnni that he crimmnnity it ten. r anv. Texas Rank. Frcr City of Southlake, Texas STAFF REPORT September 13, 1996 CASE NO: ZA 96-80 PROJECT: Preliminary Plat/Southlake Woods STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat for Southlake Woods, being approximately 105.26 acres situated in the W.R. Eaves Survey, Abstract No. 500, being a portion of Tract 2A2; in the T.J. Thompson Survey, Abstract No. 1502, Tracts 1D, 2, 2A, 2A2, 2A3 and 213; and Lots 3, 4, 5, 6, and 7, Airpark Estates, as recorded in Volume 388-123, Page 99, P.R.T.C.T. and being proposed as the Southlake Woods Addition with 138 residential lots and 1 commercial lot. LOCATION: North side of Continental Boulevard, west of Peytonville Avenue, east of Davis Boulevard, and south of F.M. 1709 (Southlake Blvd.) OWNER: Robert G. Goode, Pat and Eileen Sheehey, and Bernard P. Cosgrove APPLICANT: Toll Brothers, Inc. CURRENT ZONING: "C-3" General Commercial District, "AG" Agricultural District, and "SF- 1A" Single Family Residential District REQUESTED ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Low Density Residential (may include residential and limited low intensity office and/or retail uses) Medium Density Residential (may include residential and low intensity office and/or retail uses) Mixed Use (may include residential, office buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR RECOMMENDATION: Retail Commercial - F.M. 1709 (same as in CS, 0-1, C-1, C-2, C-3, and B-1 districts) Business/Service - F.M. 1938 (same as in B-2, C-1, C-2, C-3, B-1 and 0-1 districts) NO. NOTICES SENT: Forty-three (43) 8B-1 RESPONSES: Eight (8) written responses were received within the 200' notification area: • Bernard P. Cosgrove, 515 Davis Blvd., Southlake, TX 76092, in favor. • Rosetta Sheehey, 519 Davis Blvd., Southlake, TX 76092, in favor. • J Michael Usseglio, 910 Shadywood St., Southlake, TX 76092, opposed, "Too much development occurring on Peytonville, South Avenue - why can't these developments be spaced out over time, Mr. Mayor???" • Harry E. Gillian,� Jr., 624 Merrill Drive, Bedford, Texas 76022-7130, undecided about. "I wish to speak briefly at P&Z Meeting regarding this proposed layout. My daughter may speak with me, or in my behalf." • Howard and Viola LaFevers, 1000 Shadywood Ct., Southlake, Texas 76092, opposed to. "I think Peytonville Road has all the traffic it can handle. I certainly don't want anymore. I do not want to view endless rooftops from my house." • Donald and Martha Reukema, 908 Shadywood Ct., Southlake, Texas 76092, opposed to. "Increased traffic on Peytonville. Exit Subdivisions to Davis. We were told when we bought in Chimney Hill, Peytonville would remain two lanes. • Annette Benbow, 1202 Scenic Drive, Southlake, Texas 76092, opposed to. "I am opposed to the request because the City of Southlake has not provided adequate drainage for existing subdivisions. To increase the run-off by allowing agricultural and open areas to be developed without improvements in the drainage facilities endangers my home." Letter attached to zoning case. • Naomi R. Morrison, 701 S. Peytonville Ave., Southlake, TX 76092, opposed to. "Another development opening onto S. Peytonville creates too heavy traffic. Development should exit on Davis, Continental, or 1709." A petition of opposition presented by Michael H. Lease, 370 South Peytonville, Southlake, TX 76092 was received with sixteen (16) signatures stating opposition to rezoning and platting. Of these signatures, fifteen (15) were within 200' and one (1) was outside 200' notification area. Fourteen (14) of the respondents also signed letters which offered four (4) reasons for their opposition. Briefly, these are: 1. The increased traffic that this proposed development will bring to South Peytonville is totally unacceptable. The traffic is already at a dangerous level in the morning and afternoon. 2. Lots 2 through 7 should remain as platted to maintain the rural setting. Any change in this original platting will upset the existing continuity. 3. Public safety vehicles may not have adequate access to this large of a development without additional access roads. 4. Possible soils contamination due to years of questionable fuel, oil, and other hazardous chemical storage and handling procedures need to be examined. • Mike Usseglio, 910 Shadywood, Southlake, TX • Martha Reukema, 908 Shadywood, Southlake, TX 8B-2 Gloria Tarvin, 906 Shadywood, Southlake, TX Cathy Thacker, 902 Shadywood, Southlake, TX Al & Suzanne Spinks, 1413 Northridge, Southlake, TX Howard LaFevers, 1000 Shadywood, Southlake, TX Connie Harrell, 920 S. Peytonville, Southlake, Tx Sandy Plunkett, 825 S. Peytonville, Southlake, Tx Casimia Muzyka, 823 S. Peytonville, Southlake, Tx • Jose Franco, 801 S Peytonville, Southlake, Tx • Naomi Johnson, 701 S. Peytonville, Southlake, Tx • Larry & Jeannie Akard, 260 S. Peytonville, Southlake, Tx • Brandon and Kay Baker, 620 S. Peytonville, Southlake,Tx Letter attached to zoning case. • Charles M. Foster, 360 S. Peytonville, Southlake, Tx • Lori Livingston, 2020 W. Continental Blvd., Southlake, Tx • Michael and Sandy Faulkner, 1000 S. Peytonville, Southlake, Tx Three (3) written responses were received outside the 200' notification area: • Bennet Liu, 1111 W. Airport Freeway, Ste. 201, Irving, TX 75062, in favor. • James W. Giffin, 3002 Briar Lane, Southlake, TX, opposed. "Would limit my planned buildings to only 1 story." Letter attached to zoning case. • June and Wayne Haney, 400 Brock Southlake, TX, opposed. "Redesign to place larger lots next to airport estate lots, emergency interior exit." Thirty-nine (39) identical letters of support were received outside the 200' notification area. Reasons cited include: "...the approval of this proposed development will result in the Airport being taken our to service. Taking this airport out of service would alleviate concerns of small airplanes currently taking off and landing over our homes and the grounds of the Carroll Elementary School." See attached letter. P & Z ACTION: July 18, 1996; Approved (7-0) to table and continue public hearing due to Case Limitation Resolution No. 95-24 until August 8, 1996 August 8, 1996; Approved (7-0) Applicant's request to table until September 5, 1996. September 5,1996; Approved (7-0) subject to Staff Review Summary No. 3 dated August 30,1996 amended as follows: Deleting item #6A (granting applicant's request for 30' building setback lines along side street of corner (40." lots); Modifying item #6C to require a 35' building setback line along Greenlea Cove and a 30' building setback line along Deer Hollow Blvd. 8B-3 STAFF COMMENTS: The applicant has met all the items in the Staff Review Summary No. 2 dated August 2, 1996 and Staff Review Summary No. 3 dated August 30, 1996 with the exception of those items addressed in the attached Staff Review Summary No. 4 dated September 13, 1996. L:\WP-FELES\MEMO\96CASES\96-08OPP.WPD POST, BUCKLEY, PBS&IPSCHUH & JERNIGAN, INC. ierly The Nelson Corporation September 9, 1996 Mr. Dennis Killough, Planner Community Development Department CITY OF SOUTHLAKE 667 N. Carroll Avenue Southlake, Texas 76092 RE. SOUTHLAKE WOODS Dear Dennis: We have received your third set of comments regarding the above project dated August 30, 1996. In general, we are in agreement with the comments and corrections have been made to the Zoning / Concept Plan and Preliminary Plat. Seventeen (17) sets of corrections have been included for the City's use. For your convenience, the review comments and responses are summarized as follows: 1. Concept Plan (41we Item 1 The lot lines have been adjusted to respect the SF -IA and SF-20A zoning lines respectively. A separate legal description has been prepared and submitted for only the SF-20A request (see attached). The new acreage for the SF-20A request is 73.99 Acres, exclusive of the existing Aiipark Estates, which remains SF-1 A. Item 2A The common area described m the comments has been corrected with lot and block numbers adjusted accordingly. Item 2B,C The land use schedule has been corrected accordingly. Item 3A This item has been deleted from the comments by the P&Z action of 9/5/96. The P&Z approved 30' side building lines on specific corner lots. However, at this time we withdraw the variances requested on SF -IA lots. All SF -IA lots will comply with setbacks required by the Zoning Ordinance. No variances or special exceptions are requested on SF-lA lots. Lots 70, Block 1 and 40, Block 2 have been corrected accordingly, with 40' building lines. Item 3B The building line has been corrected. In addition, this comment reflects an issue resolved in a previous review. Another common area has been added, and the amenity center lot no longer directly fronts on Continental Blvd. Therefore, the front building line is along Deer Hollow Blvd. Deleting the common area was an oversight, and replacing it resolves this problem. 5999 Summerside Drive, Suite 202, Dallas, Texas 75252. 214/380-2605 - Fax: 214/380-2609 Engineering •Planning - Surveying - Landscape Architecture - Construction Management 8B-5 Mr. Dennis Killough September 9, 1996 Page 2 of 2 Item 3C,D Corrected on the plan. 2. Preliminary Plat Items 1-5 Corrected on the plat. Item 6A This item was deleted by the P&Z action of 9/5/96. In addition, we withdraw the request for variances requested on the SF -IA lots. All SF- lA lots will meet the Ordinance requirements for building lines. No special exceptions or variances are requested for SF -IA lots. Lots 70, Block 1 and 40, Block 2 have been revised to reflect a required 40' building line. Item 6B Same comments as for concept plan. Common area added, amenity center lot has no direct frontage on Continental Blvd. Frontage is on Deer Hollow Blvd. Item 6C-D Corrected on the plat. Items 7-8 Corrected on the plat. If you have any questions or need any additional information, please feel free to call. Thank you in advance for your time and assistance. Sincerely; POST, BUCKLEY. SCHUH Richard F. Ritz, Jr.\ Landscape Architect J:V0BWW480M\QREvMVy3 jM ril INC. 8B-6 PH41. / MF5 t /010aw/7S /�i�9GtiPTAaeJ Fir )%0.�osiE/7 S�'-Zo� Z luro J:1J0 B\9804800\LG \73.984 Q01 LEGAL DESCRIPTION 73.99 ACRES BEING a tract of land out of the W. EAVES SURVEY, Abstract No. 500, and the T.S. THOMPSON SURVEY, Abstract No. 1502, in the City of Southlake, Tarrant County, Texas and being part of a 43.5 acre tract of land described in deed to Robert Goode, recorded in Volume 2825, Page 524 of the Deed Records of Tarrant County, Texas, part of a 40 acre tract of land described in deed to Robert Goode, recorded in Volume 5006, Page 843 of the Deed Records of Tarrant County, Texas, part of a 20.77 acre tract of land described in deed to Robert Goode, recorded in Volume 4359, Page 195 of the Deed Records of Tarrant County, Texas, part of a 13.62 acre tract of land described in deed to Bernard Cosgrove, recorded in Volume 6150, Page 878 of the Deed Records of Tarrant County, Texas and part of a 13.62 acre tract of land described in deed to Pat Sheehey, recorded in Volume 6150, Page 882 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point for the southwest corner of Tract 2 of AIRPARK ESTATES, an addition to the City of Southlake, Texas according to the plat thereof recorded in Volume 388-123, Page 99 of the Plat Records of Tarrant County, Texas; THENCE with the north line of said AIRPARK ESTATES, the following courses and distances to wit: South 00°55'20" East, a distance of 449.43 feet to a point for corner; South 08*23'10" West, a distance of 156.51 feet to a point for corner; South 05°48'34" West, a distance of 481.35 feet to a point for corner; South 05048'21" West, a distance of 1183.42 feet to a point for corner in the centerline of Continental Boulevard; THENCE along the centerline of said Continental Boulevard, South 89041'56" West, a distance of 470.72 feet to a point * (lcorner; 1110E leavingsaid d centerline, and with the east line of a tract of land described in deed to H.E. Gilliland, recorded in Volume 7560, Page 1015 of the Deed Records of Tarrant County, Texas, North 00° 1457* East, a distance of 427.86 feet to a point for the southeast corner of NORTH DAVIS BUSINESS PARK, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 253 of the Plat Records of Tarrant County, Texas; THENCE with the east line of said addition and the east line of a tract of land described in deed to W.E. Couch, recorded in Volume 87.13, Page 141 and Volume 4680, Page 389 of the Deed Records of Tarrant County, Texas, the following courses and distances to wit; North 00°40'58" East, a distance of 230.04 feet to a point for corner; North 00027'05" West, a distance of 13'15.27 feet to a point for the northeast corner of said Couch tract; THENCE with the north line of said Couch tract, South 89005'15" West, a distance of 771.43 feet to a point for the . southeast comer of a tract of land described in deed to Bernard Cosgrove, recorded in Volume 3865, Page 333 of the Deed Records of Tarrant County, Texas; THENCE with the east line of said Cosgrove tract, part of the way, North 01 ° 14'41 " West, a distance of 477.92 feet to a point for the northeast corner of said Cosgrove tract; THENCE with the north line of said Cosgrove tract, South 89' 16'56" West, a distance of 79.84 feet to a point for corner; THENCE with the east line of a tract of land described in deed to Michael Cosgrove, recorded in Volume 7011, Page 700 of the Deed Records of Tarrant County, Texas, part of the way, North 00*28'12" West, a distance of 541.14 feet to 'a point for the northeast comer of said Michael Cosgrove tract; September 8, 1996 4:00 8B-7 THENCE with the north line of said Michael Cosgrove tract part of the way, South 89026'51 " West, a distance of 332.60 �t to a point in the east right-of-way line of F.M. No. 1938 (Davis Boulevard, a variable width ROW); ENCE with the said east right-of-way line, the following courses and distances to wit: North 00050'37" West, a distance of 16.81 feet to a point for comer; North 06033'37" West, a distance of 33.33 feet to a point in the south line of a tract of land described in deed to Otis Collin, recorded in Volume 8267, Page'1572 of the Deed Records of Tarrant County, Texas; THENCE leaving the east right-of-way line of said F.M. No. 1938 and with the south and east lines of said Collins tract, the following courses to wit: North 89'27'51" East, a distance of 500.86 feet to a point for corner; North 00'22'49" East, a distance of 302.99 feet to a point in the south line of SOUTHLAKE CROSSING, PHASE 1, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 251 of the Plat Records of Tarrant County, Texas; THENCE with the south lines of said addition and the southerly and easterly lines of SOUTHLAKE CROSSING, PHASE 2, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 2425 of the Plat Records of Tarrant County, Texas, the following courses and distances to wit: North 89024'55" East, a distance of 121.53 feet to a point for corner; North 50055'48" East, a distance of 261.36 feet to a point for corner; North 89038'19" East, a distance of 317.29 feet to a point for corner; North 04'08'56" West, a distance of 243.94 feet to a point for corner; THENCE leaving the east line of said SOUTHLAKE CROSSING, PHASE 2, North 51028101 " East, a distance of 539.96 feet to a point for the northwest corner of STONEBURY, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 2917 of the Plat Records of Tarrant County, Texas; "NCE with the west line of said addition and the west line of BAKER ESTATES, an addition to the City of Southlake, %s according to the plat thereof recorded in Cabinet A, Slide 1575 of the Plat Records of Tarrant County, Texas, the Wewing courses and distances to wit: South 00' 12'57" East, a distance of 729.82 feet to a point for comer; South 00°09'57" East, a distance of 2X03 feet to a point for corner; South 00' 13'50" East, a distance of 436.87 feet to a point for the southwest corner of said BAKER ESTATES; THENCE with the south line of said addition, South 89051'24" East, a distance of 307.59 feet to a point for the northwest comer of said AIRPARK ESTATES; THENCE with the west line of said AIRPARK ESTATES, South 00045'29" East, a distance of 374.47 feet to the POINT OF BEGINNING and containing 73.99 acres of land. Qe September 6, 1996 4:00 8B-8 SOUTHWOOD LAKES LOT SUMMARY Is BLOCK LOT AREA SQ FT 1 1 36697 1 2 20027 1 3 - 20059 i 1 4 20241 1 5 21319 1 6 22049 1 7 22322 1 8 22140 1 9 21502 1 10 20404 1 11 20007 1 12 20223 1 13 20125 1 14 20368 1 15 25261 - 16 -- ------- 29850 1 17 26927 1 18 23343 1 19 28629 1 20 23898 1 21 20001 1 22 20007 1 23 20057 1 24 28308 1 25 27003 1 26 20038 1 27 20067 1 28 27323 1 29 23730 1 30 20090 1 31_ 20126 1 32 25458 1 33 23213 1 34 20078 1 35 25896 1 36 20371 1 37 24678 1 38 30956 1 39 26377 1 40 29369 1 41 23804 1 42 29516 1 43 20012 1 44 20020 1 45 20306 1 46 21181 1 47 21514 1 48 22129 1 49 35504 1 50 33810 1 51 20528 1 52 20010 1 53 20035 1 54 20006 1 55 - 43576 1 56 44576 1 57 44452 1 58 34571 1 59 43786 1 60 43612 1 61 43642 1 62 20016 63 -- _ 22504 1 64 21163 1 65 20027 1 66 32921 1 67 43571 1 68 47051 1 69 53495 1 70 51513 1 71 1242 TOTAL .1878630 1. 8B-9 BLOCK LOT AREA (SQ FT) - 2 1 12306 2 2 42858 2 3 33599 2 4 37180 2 5 48381 2 6 46757 2 7 43932 2 8 43574 2 9 57970 2 10 43560 2 11 43562 2 12 43584 2 13 43577 2 14 43569 2 15 35523 2 16 43566 2 17 43568 2 18 21946 2 19 43616 2 20 34917 2 21 24046 2 22 22600 2 23 20189 2 24 30013 25 31058 26 21943 2 27 27158 2 28 '30607 2 29 32317 2 30 44082 2 31 44080 2 32 44793 2 33 46651 2 34 49659 2 35 64906 2 36 4982 2 37 43624 = 2 38 43771 2 39 43613 2 40 53544 8B-10 BLOCK LOT AREA SQ FT 3 1 22328. 3 2 21448 3 3 21497 3 4 20158 3 5 22354 3 6 22241 3 7 20268 3 8 21956 3 9 20070 3 10 21789 TOTAL 214109 BLOCK LOT AREA SQ FT 4 1 21594 4 2 20058 4 3 20291 4 4 20521 4 5 20030 4 6 23115 4 7 20731 4 8 20321 4 9 20421 4 10 20043 4 11 21760 4 12 20022 TOTAL 248907 ` COPY I TriSte ENVIRONMENTAL MANAGEMENT SERVICES INC. August 8, 1996 City Council City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Subject: Property and Improvements (if any) Southlake Woods Property Platting and Zoning Application Nos. ZA96-80 and ZA96-81 City of Southlake, Tarrant County, Texas (the Property) Dear Council Members: uc 2 o 116 D OFFICE OF The undersigned is a duly licensed engineer and/or environmental consultant. The undersigned certifies to you that the undersigned has completed an environmental site assessment (ESA) of the property, and that: A. The history of the Southlake Woods property, since May 1, 1946, does not reveal the name of an owner, tenant or other user indicating a possible current or former use involving, or storage of, hazardous or toxic materials, substances or wastes (which terms include for purposes of this letter, asbestos, polychlorinated biphenyls and petroleum products), except the portion of the Goode Airport property included in the Southlake Woods property where the take -off, landing and housing of small, privately -owned, propeller -driven aircraft in various states of repair was or is being conducted, which involved or involves various petroleum products (e.g., aviation fuel, engine lubricants, etc.); B. On -site examination and observations, and investigations of any available hydrological, photographic and other technical data, by the undersigned did not reveal grounds to believe that the Southlake Woods property or the surrounding areas is being or had been used for, or affected by, such activities, except for small areas of petroleum product -stained surface soils in certain of the airplane hangars at the Goode Airport; C. The Southlake Woods property is not included on any federal or applicable state Superfund List; ,, RECD AUG 2 0 cr, 1810A Syberry Road, Bensalem, Pennsylvania 19020.215-638-4338 - (Fax) 215-638-7597 8B-11 City Council City of Southlake August 8, 1996 Page 2 D. Tests taken at, on and from the'Southlake Woods property, and examinations of the Southlake Woods property, including those areas identified in Paragraph B above, did not reveal evidence that there now exists on, in, under or affecting the Southlake Woods property hazardous or toxic materials, substances or wastes except for small areas of petroleum -product stained surface soils in certain of the airplane hangars at the Goode Airport; and E. If the procedures described in steps A through D above revealed any actual or potential environmental irregularities or non-compliance with environmental laws, the cost of correcting such irregularity or non-compliance is estimated to be $5,000 to $10,000. In making this certification the undersigned has within 150 days of the date of this letter: 1. Obtained and relied upon (a) a title abstract prepared by a duly licensed title insurance or abstract company, or duly licensed attorney, of the names of the current and prior owners, tenants and other users of the Southlake Woods property, commencing May 1, 1946 through a date within 90 days of this letter, and (b) local building, health, fire and environmental department(s) records; 2. Made a physical on -site examination of the Southlake Woods property, and a visual observation of the surrounding areas; 3. If paragraph D above indicates that tests were taken at the Southlake Woods property, made such tests of samples from the Southlake Woods property, in such locations and quantity, as well as other tests and investigations of the Southlake Woods property (including of the improvements thereon, if any) as, in our professional judgement, are deemed necessary and appropriate utilizing testing laboratories which, in our professional judgement, are capable of performing such tests and analyzing the same; 4. Examined additional available technical data, such as registered underground storage tank lists, existing aerial photography, ground water maps, which provided further pertinent information; and THS ta te ENVIRONMENTAL MANAGEMENT SERVICES INC 8B-12 City Council City of Southlake August 8, 1996 Page 3 5. Examined the Federal List of Superfund Sites as published by The Government Printing Office and the state list of Superfund Sites, if published, for Texas. The undersigned has been retained by Toll Bros., Inc. or one of its affiliates in order to perform an ESA of the Southlake Woods property. In connection therewith, we acknowledge that: 1. The City of Southlake is relying upon the ESA and this certification in making a platting and zoning application now or hereafter associated with the Southlake Woods property. 2. The ESA was completed in substantive compliance with the technical requirements of ASTM Standard Practice E1527-93 for ESAs. Please contact me if you have any questions or require additional information. Very truly yours Terence A. O'Reilly, PG, REM Senior Project Manager cc: Kenneth J. Gary; Esq.; Toll Bros., Inc. Barry A. Depew; Toll Bros., Inc. Theodore H. Sobieski, PG, CHMM; TriState RWIPOOODWOWSOUMLAKIEr 8B-13 \100"-THS ta te ENVIRONMENTAL MANAGEMEN T SERVICES INC AIRPLANES OVERHEAD OR LUXURYHOMES? Residents of Meyers Meadows Dear Residents: As you may or may not be aware that Toll Bros. Inc. is proposing a low density single family development of luxury homes on what is currently the Goode Airport across the street from your community. As there is some confusing and possibly misleading information being circulated about our proposed development, we would like to take this opportunity to explain our plans. Toll Brothers is the 12th largest and the premier luxury home builder in the nation. We specialize in larger low volume homes built to the specific needs of our home buyers. Currently, Toll Brothers is building in McKinney, Texas in our Mallard Lakes and Eldorado communities on large lots from $250,000.00 to $700,000.00 plus. We would love you to visit our model homes at Mallard Lakes and Eldorado to receive more information about our company, community and homes. Directions to our communities may be obtained by calling 562-TOLL. We currently have under contract portions of the properties owned by Mr. Goode and adjoining land of the Sheehey and Cosgove families totaling 105.26 acres. We are proposing 138 wide 1/2 acre plus lots with a density of only 1.3 units to the acre. This proposed density is lower than what has been developed in all the newer sub- divisions in the immediate area except Country Walk, to which our density is approximately equal. Most important to you, the residents of Meyers Meadows, the approval of this proposed development will result in the Airport being taken out of service. Taking this Airport out of service would alleviate concerns of small airplanes currently taking off and landing over your homes and the grounds of the Carroll Elementary School. Unfortunately, some local residents are opposing the plan for personal reasons which may not be in the interest of the general community who may be negatively impacted for both safety and real estate values by the operation of this Airport. If you would rather have luxury homes than an Airport, please support our application for this beautiful new community. You may do so by writing to the City Council and P & Z committee in Southlake at 667 North Carroll Ave., Southlake, Tx 76092, signing the attached form and faxing it to me at 214-542-0245, or attend the P & Z meeting on August 8, 1996 to discuss this application. If you would like any further information prior to the meeting, please do not hesitate to contact me at 214-562- 8655. Thank you for your time. Sincerely, Elvio P. Brum Regional Vice President. Texas Division Toll Bros., Inc. 24 8B-14 RE'D AUG 0 71996 LETTER OF SUPPORT TO: Planning and Zoning Commission City Council City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 RE: Platting and Zoning Applications for Southlake Woods subdivision ZA 96-80 ZA 96-81. The undersigned resident(s) of the City of Southlake supports the proposed Southlake Woods development on the Goode Airport site and the above platting and zoning applications and urges the Planning and Zoning Commission and the City Council to approve the development And applications. Property Owner's Name (printed): Signature. Address: Date: M 8B-15 GG4 - --�.1_-�.i•'? as `"UNT SAW KELLER a i ! 2 f o f 9 0 2 3 9A2 lAtA� . ! 9-4r r A-519 16 m 9A 9A1 --� G woRD El NXI, TRACT MAP 3 Ac < i bp n 1 7.E Ac A4 _.�QE — 6 6 8A20 ADD• ' A 9.64 Ac yly - -� �-• k. AOM 6 6 9 2 Be S 1 1 _-- 2U 2C9 2t3 i 1 — 1 _1 __•� i i i 1 1 1 1 1� ' 1 t v MI `�P • i ID Y 3 —.�� {�. i i L L� i •• IAi x �1tM8,( I 20 Ac X228 ERR ES—T— �i� _ 2 ;�� �J• 2A3 : 3m D Nr��oo►. GN __•_.(_ R - P f) r -.- -�1j''-� ���•-•�' �� ..'' ``gy�pp 1, {�+'17V. LDS R.J.p/� 2 WYJP � ®EV 2r `. i xtis zm 2fl4 �3 • \ 'V q 7A1 �Al I a Ac SA 2A1 \/; 3D 4 muzu 4 R,� _ 38 8 Ate•-6Ac -- ta. A LEID w_K sa z I 1 u it S u 3 i J. U Hj ®) ~t SB 15.4 A. 1 r j INS ' l A I 1 SIAPIEY SAe 1 1A3 1A INE u law aTY UWT 2 7A -�N P `S ,C o u J F 1127 k 1 ' ' f�1F111MARY ti 3A 13Y �� S � ` SCHOOL { n if i 25 Ac 182 j SIAr41SY A- 8B-16 Ac ; !1 < < Ir I -� L- � I to 1A.1 is u F- -- V. 15a 15a 15 =SpinRepreseentative #14 ienki Spin Representative #15 Wayne and June Haney It 22 ADJACENT OWNERS AND ZONING 8B-17 City of Southlake, Texas Case No: ZA 9640 Review No: Four Date of Review: 9/13/96 - 7! 11 "Ii i 6A A i t. SURVEYOR: WITIT • &Mm 1 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9109/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. 1. .2. 3. 4. 5. Correct the discrepancy between the acreage of the site shown in the metes and bounds description, the title and the sum of the acreage in Land Use Schedule. Show and dimension the existing traveled roadway widths of all adjacent R.O.W.'s Provide easements for water, sewer and drainage in accordance with plans as approved by the City Public Works Dept. . The following changes are needed with regard to building setback lines: A. A 35' building line is required along both street frontages on comer lots designated for SF- 20A. The applicant has requested a reduction to a 30' building line along the side street of the following comer lots: Block 1, Lots 17, 18, 33, 41, 43, 58, 63, and 64 Block 2, Lots 2, 4,15,18, 21, 22, and 27 Block 3, Lots 1, 5, 6, and 10 Block 4, Lots 1, 6, 7 and 12 (P & ZAction 915196, granted applicants request for 30' building setback line along the side street of the specified corner lots) B. Provide a 35' building setback line along the street frontage and "eye brow" of Deer Hollow Boulevard for Lot 4, Block 2. Show and label the approximate location of any floodway boundaries. 8B-18 i City of Southlake, Texas 6. Number all lots (including Common Areas) in sequential order within the appropriate block. 7. Common Area No. 3 should be divided at the zoning line between the proposed SF-20A zoning and the existing SF4A zoning. Combine the east portion of the Common Area (located within the SF -IA tract) with Common Area No. 2 (Lot 5, Block 2). 8. The cul-de-sac length of Greenlea Cove Ct. appears to be approximately 115'. The minimum centerline length required 150' measured from its intersection with the centerline of Deer Hollow Blvd. 9. The following changes are needed with regard to the land use summary. A. Phase III should reflect 1 Common Area Correct total lots, areas and densities resulting from this change. B. Verify the area shown for each phase. The sum of the areas do not match the gross area of the site. Correct other data affected by the corrections. * Although there are a flew lot lines which are not perpendicular or radial, they appear to meet the intent of this requirement. * Lot areas and exact lot dimensions are not required on the preliminary plat and although it appears that the lot dimensions and areas required by the Zoning Ordinance No. 480 and the Subdivision Ordinance No. 483, as amended, have been met, the applicant should be aware that all lots must be a minimum of 100' wide at the front building line, a minimum of 125' deep, and must have a minimum lot area of 20,000.00 square feet for lots zoned SF-20A and 43,560.00 square feet for lots zoned SF - IA. All lots adjoining properties zoned with or having a low density residential land use designation must be 125' in with at the rear property lines. All lots adjoining properties platted and having a SF-1 or RE zoning must have a minimum lot area of 30,000 square feet. * Two intervisible boundary corners of the site must be geo-referenced by state plane coordinates in accordance with section.8.03(B) of the Subdivision Ordinance No. 483 upon submittal of each final plat, and, prior to acceptance of the subdivision by the City, a digital computer file of the subdivision must be provided in accordance with Section 8.04 of Ordinance No. 483. * The Developer's Agreement for this addition should consider perimeter street and drainage, park dedication requirements, off -site sewer extensions, and off -site grade -to -drain permission. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5;00 PM on 9f23/96. If not received by that time, no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided 8B-19 City of Southlake, Texas P & Z ACTION: July 18,1996; Approved (7-0) to table and continue public hearing due to Case Limitation Resolution No. 95-24 until August 8, 1996 August 8,1996; Approved (7-0) Applicant's request to table until September 5, 1996. September 5, 1996; Approved (7-0) subject to Staff Review Summary No. 3 dated August 30, 1996 amended as follows: Deleting item #6A (granting applicant's request for 30' building setback lines along side street of corner lots); Modifying item #6C to require a 35' building setback line along Greenlea Cove and a 30' building setback line along Deer Hollow Blvd. * Denotes Informational Comment cc: Toll Bros., Inc. Post, Buckley, Schuh & Jernigan, Inc. Robert G. Goode, 1953 Southlake Blvd., Southlake, Tx. 76092 Pat or Eileen Sheehey, Route 4 Box 37A, Sherman, Tx. 75090 Bernard P. Cosgrove, 515 Davis Blvd., Southlake, Tx. 76092 LAWP 80PP.4 8B-20 r E If I 12 -.-,.. 8B-21 � BV=U *xv'ma -3m 'Myelfr. •x� ssxons •arson :3 30 =-SAW- 0e a�� ; go leg ! zo :3- o Ful Sa ra to N �p g' 8B-22 'BV"Va . •oen 'Hyaixxxr vv xnxos I kwlxona -asoa d I�IIIII�kI1111�IEIIIO�IIII10E9111 nEiimoEmno�mo�iiu���m a a 111 Ik �jj 31 R ag a es i I a € mill Igo .�s .I o� c ' o � W W = N N� Cp 2 v � m S a� I 1j =ICI .0 j 11 % � _ s < • ' 1 'rR SVXZL 'SVTMa *Dbn 'MYOU-Mar yr saxas 'xs1N3ns •asoa I t, 8B-23 I i P. 8B-24 SVXZL •srr:VU -OM 'MyO1 U3f M snsas •x=ons 'asoa •_."• `_ City of Southlake, Texas STAFF REPORT September 13, 1996 CASE NO.: ZA 96-53 PROJECT: Rezoning and Concept Plan/Cotton Patch Cafe STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 Attached is a letter from Larry Marshall, President, Cotton Patch Cafe, Inc., on behalf of the Applicant, M & P Investments, for the above -referenced case, requesting that the item be tabled until the City Council Meeting on October 1, 1996. Only the letter requesting the tabling is included at this time. The entire packet will be forwarded when the case is. given full consideration. L:\WP-FILES\MEMO\96CASES\96-053ZC.TBL ,eII Uy : GUI 1 UN rA 1 UM urvv 41,4 0.jI I coo Ui!/ I I /t:10 1 : 15rM .JUU 4ac rage I / I September 10, 1996 COTTON PATCH CAFE, INC. 1850 Crown Drive, Suite #1113, Farmers Branch, Texas 75234-9414 Phone 12141 831-8747 Fax (214) 831-1245 Mr. Greg Last Citv of Southlake 667 N. Carroll Ave. Southlakc, 'Texas 76092 Re: Case No. 96-53 Zoning and Concept Plan, Lots 2 & 3 John A. freeman No. 259 Addition. Requested tabling until the City Council meeting on October 1, 1996 Greg, 1 hereby request that the City Council table the above referenced case until the City Council meeting on October 1, 1996. The Area Coordinator, Patti Minder has a sick child and has been unable to meet with us to discuss our project. OR Than you! / C4.1 : � -arry Marshall President cc: Pattie Minder f � � FRESH FROM THE START. REED SEP 111996 City of Southlake, Texas STAFF REPORT September 13, 1996 CASE NO: ZA 96-109 PROJECT: Ordinance No 480-217. First Readi g Rezoning and Concept Pla_n/Mesco Addition STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planning Technician 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Concept Plan for property described as being approximately 3.788 acres situated in the Thomas Mahan Survey, Abstract No. 1049, being a portion of Tracts 3A1, 3A2, and 6A. This plan proposes four (4) individual retail "pad" sites as shown on the Preliminary Plat (ZA 96-61). LOCATION: Northwest comer of State Highway No.114 and North Kimball Avenue OWNER: Anderson Industries, Inc. APPLICANT: Strode Property Co. CURRENT ZONING: "I-1 PUD" Light Industrial Planned Unit Development District REQUESTED ZONING: "C-2" Local Retail Commercial District AMENDED ZONING REQUEST: "S-P-2" with all permitted "C-2" uses per the Zoning Ordinance 480, Section 21.2, as amended, on proposed Lots 5, 6, and 7, Block 1, and limited "C-2" and "C-1" uses per the Zoning Ordinance 480, Sections 21.2 and 20.2, respectively, as amended, on proposed Lot 4, Block 1, deleting the following permitted uses: Deleted "C-2" District Permitted Uses Section 21.2 (10.) Christmas tree sales beginning one week before Thanksgiving and extending through December 31 st of each calendar year (outdoor display permitted). (12.) Cleaning, dying and pressing works; laundry and Laundromats, providing that the floor area does not exceed three thousand (3,000) square feet for separate or combined uses. (16.) Day nurseries (22.) Filling stations or service stations, operating with or without a convenience store. Such use may offer gasoline, oil, greasing and accessories, and may contain a small car wash facility, but may not include fender or body repairs, 8D-1 mechanical services, rear -end, transmission or engine (25.) overhaul. (As amended by Ordinance No. 480-C.) Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. (26.) Grocery stores and meat markets without size limitations. (33.) Restaurants, tea rooms, cafeterias, fast food and "take-out" food restaurants. (37.) Tires, batteries and automobile accessory sales, provided that such activities occur entirely within the confines of the business structure itself. (38.) Variety stores, provided that the floor area of such facility does not exceed ten thousand (10,000) square feet. Deleted Cumulative "C-1" Permitted Uses Section 20.2 (4.) Cleaners, laundries and/or Laundromats, provided that the floor area of the business does not exceed 2,500 square feet. (5.) Gasoline filling stations that operate in conjunction with small convenience stores. Such use may contain a small car wash facility, but may not include fender or body repairs, mechanical services, rear -end, transmission or engine overhaul. (6.) Grocery stores and/or meat markets provided that the floor area of the business activity shall not exceed 3,000 square feet. (8.) Restaurants, tea rooms and/or "take-out" food establishments, provided that the floor area of such operation does not exceed 2,000 square feet. Food service establishments operating in this district are envisioned to be relatively small operations designed at providing neighborhood support, such as delicatessens and limited menu item establishments that generate low to moderate traffic from outside the neighborhood area. LAND USE CATEGORY: Mixed Use (may include office buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR RECOMMENDATION: Retail Commercial (same as in CS, 0-1, C-1, C-2, C-3, and B-1 districts) NO. NOTICES SENT: Four (4) RESPONSES: None A P & Z ACTION: September 5, 1996; Approved (4-3) the amended request, subject to Staff Review Summary No. 1 dated August 30, 1996, modifying item #3 allowing offset of the required bufferyards between proposed Lots 4 and 5 into north portion of proposed Lot 5 and allowing reconfiguration of the required bufferyards between proposed Lots 4 and 6 into the most northerly comer of proposed Lot 6; deleting item #4A (required driveway spacing along S.H. 114) and #4B (required driveway throat depth); deferring item #4C (traffic impact analysis) until site plan submittal; providing a tree survey with site plan submittal; changing the bufferyard along Hwy. No. 114 from a 20' Type J to a 20' Type K bufferyard; changing the bufferyard along Kimball Ave. from a 10' Type E to a 10' Type C bufferyard; doubling the plantings in all interior 5' type A bufferyards; and providing provide Type A bufferyard plantings in the open space areas along the drainage channel to the West. STAFF COMMENTS: The applicant has met all the items in Staff Review Summary No. 1 dated August 30, 1996 with the exception of those items in the attached Staff Review Summary No. 2 dated September 13, 1996. L:\WP-FILES\MEMo\96CASES\96-109ZC. WPD X Strode Pr+opwty company Preston Oaks Shopping Oenter 10720 Preston Road, Suite 1000 Dallas, Texas 76230-3807 (214) 361.6W Fax 361.0049 TO; Dennis Kiltough, Kw= Gandy FAX 0 (917) 43""0 City of South[" FROM: Adam Richey ;,A' "' strode Property Company DATE. Saptcmbar 12, 1996 RE. RESTISICTED C-1 AND C-2 USES FOR LOT 4 OF THE 3.758 ACRES AT THE NORTHWIST CORNER OF S.H. 114 AND KiMHALL ROAD Dennis, putsuattt to the Planning and Zoning Commission meadag from Thursday, September 3. 1996, the following itamiaes to restrictions in the C-I and C-2 zoning placed on Lot 4 o*. Lot S, 6 and 7 will retain a C-2 zoning under S-F-2 with ass use r+eariaions. no fo110 users under tkc C-1 and C-2 ' are Pot ittod on Lot 4 � s�oausg 1� . anlY• C-) NEIGHBORHOOD C MMERCIAL DISTRICT A. Gndfraiel Um 4. Cloas w% ianadries andlor Laundromats, pcvvidW that the floor aroa of the bwisoaa doe# not exoeer12,S00 square feet. 3. owlirie flltutg stidio®s flat operate in co jwwtion wi&:mull omvenisaoe Aam. Such use tray contain a smell oar wads fsd*, bat mly trot hwha o fondar or body repairs, mochsaieal services, 9cw-Cnd, vAnsmissian or engisc avorheel. 6. Grocery stores andlor meat markeh pwvUW that the float area of the busincds activity shall not exceed 3.000 square foot. WGD SEP 121996 / lsamor.arae�ae.Iwo.a�uuwna#W*PRMWW0=004 awftaaMaumm"OoMUMOMM "achVnou -%N WW= 8D-4 Mx: Dennis Killough. Ms. Karen Gandy Soptanbor 12, 1996 Page 2 Restsurants, tca roams and/or "take -we food eat 6Udm ants, provided that the loon area of such operation does not exceed 2,000 square feet. Food swviea estubiishmcnts oporstiag in this district ace envisioned to be relatively small operations designed at providing noighborbood support, such as delicatessens and limited menu Item establishmants that generate low to moderate tr* io from outside rho neighborhood area. EMU= USES 10. Christmas troa sales boginning one week before Thanksgiving and attending through December 31 st of oink calendar year (outdoor display permitted). 12. Cleaning, dying and pressing works; laundry mad Laundromats, providing that the floor ores does not a wood thm thousand (3,000) square foot for separate or Combined uses, 16. Day narseria. 22. Filling stations or servcoe stations, operating with or without a convenience stot+e. Such use may ot2b178atwline, oil, greasing and accessories, and may oamtaia a small car wash faeflity. but may rot include budor or body repairs, mechanical services, row cad, transmission or engine overhaul. (As amended by Ordinance No. 490-C) 25. Fm= food lockars for individual or family use, not inohrdiag the preoassing of foodowe putting or wrapping. 26. Grocery stores and meat markets without sine limitations. 33. Raatvjmts, lea rooms, csfelcriss, fast food and "takeout" food testsoran". 37, Tina, batteries and automobile aocessory wiles, provided that such activities occur entirely within tiro Confines of fife business structure itself: 38. Variety stores. pcovkkd that the floor area of such facility does not exceed ten thoasaad (10,000) squm that. RECD SEP 12 199 6 i EAST 3AIJ 3A,J7 A1JI 3AIJI •-- —_. 221j !; V� y�'�.' \r._ /` `� —� '�'� — - STREET A ��yy�y 2A1 6 A� it c IA ID SA, ! c Mom. 80.1 Ac 8.75 Ac 5D2Aami � 5028 ma 4 8.75 Ac SD3 SCIG 50H ` `'•� �2 J � I 6D 6E I k UI �' 5A2 ) I `'_ �.,I 5CIG A RICH RID l�A®3 3A I ...... IA -,\ 3i�� f:� ; anY/• 'fit ST ,,/�y dtl eq po IQ A-4M ' ` 508 5C, so A 610 5A3AI { ex 67 ,./��! (• ! t SAS 5CI SM SP ow O .�� i. • i I SA4 soi 1 TF-il®G��1� f>1 O�dNnl 5M ppN' sr se4et j1 28 ZA � slAetcr A —I ri.' 58Q 2811 ?BB 287 284A 296 • act 2 2BIA 3 2C1 c i ' - '?822 4 $ 2G 2B3 2B9 285 28t0 284 � Ln L 3A 2C! r�\. _ ' 2F 2' 2Q FDiC A Q) za at 2y -- 286 ' S84C fr•- Y' 2" s ' —1-- _ - ,yam 582 y 5m 582A 1 NORTHWEST PKWY 183 e ST - ' RAR '- 384 m } 2U XI4 Drrl ' _3D 2A2 _ A EST sa, ApprrlQN DamE W, � �� MAY' ! 2C2 20 OR IB2A ' I Ac �. QN MIR le2e ! 15 Ac 28 2c S RRI IA 3 3(x • B r ADD 2A3 WA 3 z 2 MIA M18 3 1C MIC j i i i 1 M3A Ac M1 xIL09 3' 10 HE 3A 1A No A � `Y 13.5 Ac Y w 6G 4AI I �' 6H _i __ R lA3 _ 20 Ac } 6K 6K1 M4 I I ' o Itol --�:--- _ . . f11ALSC4� iAl • A�RAneolr C 1105A, 1,04 _ 383 � t 6 i ; � 3 Ri1PfNNf L"r sr. 3 � A .arr 683 TRACT MAP 2C 602 3 10 Ac to 13.4 Ac ; 6C 601 6E 8vv1' •— •--'_.I 61 Ac L 6 6FBLVD ;, sl ' Mesco Metal Building Corp. "I— I PUD"" TR 5A4A 1 AC TR 585 2.19 AC URE URN INS A� cN A SA IS��P 3� 165 3.186 @ E TR 5B6 4 AC ttAGtt TR S. Hagar i ttAGtt L. Emery "C-3" TR 3C ttC-3" : AC T" 39 666 Spin Representatives #6 Doug and Danita Fierce (STATE HWY 114) 1 J11 1 ADJACENT OWNERS AND ZONING 8D �C _7 TR 384 551 AC 1 1 TR 3b 167 @ 1.48 AC /A70� City of Southlake, Texas No: ZA 96-109 Review No: 3�ffa Date of Review: 9/13/96 P. Strode E V a: � 1 � M7 Mull 111' ARCHITECT: 13642 Omega �eyas-=�MA.A,-4514 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9109/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (8111481-5581, EXT. 787. 1. Label the adjacent properties with the land use designation (L.U.D.) according to the approved City Land Use Plan. Include lot and block numbers and subdivision name of platted properties, and include all properties across adjacent rights -of -way. 2. A 5' type A bufferyard is required on each side of the common lot line of lots 4 and 5 and lots 4 and 6. The applicant has requested that the bufferyards between Lots 4 and 5 be reconfigured and located inside the north line of Lot 5 and has requested the elimination of the required bufferyards located between Lots 4 and 6. (P & ZAC77ON 915196 allowing offset of the required bufferyards between proposed Lots 4 and 5 into north portion of p vposed Lot 5 and allowing reconfiguration of the required bufferyards between proposed Lots 4 and 6 into the most northerly corner of proposed Lot 6) 3. The following changes are needed with regard to driveways and compliance with the Driveway Ordinance No. 634 : A. A minimum centerline spacing of 500' is required between driveways intersecting S.H.114. This spacing may be reduced to 250' if driveways are accessing only the frontage road of SH 114; However, no frontage road exists at this time. The applicant has requested a spacing of 285' between driveways. (P & Z ACTION 915196, Delete) B. A minimum driveway throat depth of-50' is required on the proposed driveways for traffic stacking. The applicant has requested a throat depth to 35' for the driveway intersecting N. Kimball Avenue and throat depths of 43' for the driveways intersecting S.H.114. Please note that should the number of driveways into the site be reduced to 1 or 2 permitted driveways, the required throat depth will increase to 75' for each driveway.(P & ZACTION 915196, Delete) C. Provide a traffic impact analysis for this site. Further requirements with regard,driveway and traffic flow configurations may result from information provided in the TIA. (P & Z ACTION 915196, Defer until Site Plan Submittal) 4. Provide a listing of the eliminated uses from the "C-2" Zoning District for Lot 4 Block 1 on the plan. I City of Southlake, Texas * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 9/23/96. If not received by that time, no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * 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 lam P p requirements. • Vertical and horizontal building'articulation per §43.9CIe, Ordinance 480, as amended. • Masonry requirements per §43.9C 1 a, Ordinance 480, as amended and Masonry Ordinance No. 557. • Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.90h and Exhibit'43-D on Page 43-14, Ordinance 480, as amended. • 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. * It appears that this property lies within the 65 'LDN D/FW Regional Air port rport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. A letter of permission from the adjacent property owner(s) on the north must be obtained prior to issuance of a building permit for the construction of the off -site pavement and a permit from TxDOT must be obtained prior to any curb cut along S.H. 114. * The applicant should be aware that prior to issuance of a building permit, a plat must be submitted for approval and filed in the County Plat Records, a site plan, landscape plan, and irrigation plan along with the building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. P & Z ACTION: September 5, 1996; Approved (4-3) the amended request, subject to Staff Review Summary No. 1 dated August 30, 1996, modifying item #3 allowing offset of the required bufferyards between proposed Lots 4 and 5 into north portion of proposed Lot 5 and allowing reconfiguration of the required bufferyards between proposed Lots 4 and 6 into the most northerly corner of proposed Lot 6; deleting item #4A (required driveway spacing along S.H.114) and #4B (required driveway throat depth); deferring; item #4C (traffic impact analysis) until site plan submittal; providing a tree survey with; site plan submittal; changing the bufferyard along Hwy. No. 114 from a 20' Type J to a 20' Type K bufferyard; changing the bufferyard along Kimball Ave. from a I W Type E to a I W Type C bufferyard; doubling the plantings in all interior 5' type A bufferyards; and providing provide Type A bufferyard plantings in the open space areas along the drainage channel to the West. * Denotes Informational Comment cc: Hodges & Associates, Architects and Planners, VIA FAX Strode Property Co., VIA FAX LAWP-FULEMEVX96\96-10".2 8D-9 8D-10 31 WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as under the City's Comprehensive Zoning Ordinance; and L:\CTYDOCS\ORD\CASES\480-217.C-2 I Page 1 8D-11 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 signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: L:\CTYDOCS\ORD\CASES\480-217.C-2 8D-12 Page 2 (6w, Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: A E f�: )"r f7n, R4 e% yi toff" Page 3 DOCS\ORD\CASES\480-217.C-2 8D-13 A NEMM as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of ;conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court L:\CTYDOCS\ORD\CASES\480-217.C-2 Page 4 8D-14 (ble 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 official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of 1996. MAYOR (W ATTEST: A CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. L:\CTYDOCs\oRD\cASEs\480-217.c-2 Page 5 8D-15 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:XCTYDocs\oxn\CASEs\480-217.42 8D-16 Page 6 EXHIBIT "A" BEGINNING at a capped steel rod found at the southerly comer of a comer clip at the intersection of the northerly right-of-way line of STATE HIGHWAY 114 ( 220' R.O.W.) with the westerly right-of-way line of N. KIMBALL AVENUE ( a variable width right-of-way); THENCE North 86'001'33" West, along said STATE HIGHWAY 114, a distance of 505.48 feet to a 1/2" inch iron rod set for corner; THENCE North 03058'27" East, a distance of 73.54 feet to a 1/2" inch iron rod set for the beginning of a curve to the right having a radius of 100.00 feet, a long chord that bears North 31 057'26" East, a chord distance of 93.84 feet; THENCE along said curve to the right, through a central angle of 55057'58" for an arc length of 97.68 feet to a 1/2" inch iron rod set for comer, THENCE North 59056'25" East, a distance of 103.21 feet to a 1/2" inch iron rod set for the beginning of a curve to the right having a radius of 50.00 feet, a long chord that bears North 69059'07" East, a chord distance of 17.44 feet; THENCE along said curve to the right, through.a-central angle of 20005'25" for an arc length of 17.53 feet to a 1/2" inch iron rod set for comer, THENCE North 80'601'50" East, a distance of 106.45 feet to a 112" iron rod set for the beginning of a curve.to the left having a radius of 100.00 feet, a long chord that bears North 50051 *00" East, a chord distance of 97.51- feet; THENCE along said curve to the left, through a central angle of 58021.40" for an arc length of 101.86 feet to a 1/2" inch iron rod set for comer, THENCE North 21 °40' 10" East, a distance of 55.47 feet to* a 1/2" inch iron rod set for comer, THENCE North 89059'26 East, a distance of 242.50 feet to a 1/2" inch iron rod set in the westerly tine of said N. KIMBALL AVENUE; THENCE South 00000'34" East, continuing along the westerly line of said N. KIMBALL AVENUE, a distance of 297.65 feet to a capped steel rod found for comer; THENCE WEST, a distance of 25.00 feet to a capped steel rod. found for comer, THENCE South 00902.33" East, a distance of 9.83 feet to a capped steel rod found for comer; THENCE South 46057*27' West, along said comer clip, a distance of 102.24 feet the POINT OF BEGINNING; CONTAINING within these metes and bounds, 3.788 acres or 165,010 square feet of land, more or less. L:\CTYDOcs\ORD\cnsEs\480-217.c-2 gD_ 17 Page 7 L:\CTYDOCS\ORD\CASO\4W217.c-2 I 8D-18 Page 8 City of Southlake, Texas STAFF REPORT September 13, 1996 CASE NO: ZA 6-61 PROJECT: Preliminary Plat - Mesco Addition STAFF CONTACT: Tom Elgin, Planner II, 481-5581, Ext. 753 Dennis Killough, Planner I, 481-5581, Ext. 787 REQUESTED ACTION: Preliminary Plat for Mesco Addition, being 22.7794 acres situated in the Thomas Mahan Survey, Abstract No. 1049, being Tracts 3A1, 3A2, and 6A, as recorded in Volume 10336, Page 1466 and Volume 10336, Page 1471, Deed Records of Tarrant County, Texas. The plat proposes seven (7) lots, being Lots 1-7, Block 1. LOCATION: Northwest corner of N. Kimball Ave. and State Highway 114. OWNER: Anderson Industries, Inc. APPLICANT: Jimmy L. Lane CURRENT ZONING: "I-1 P.U.D." Light Industrial Planned Unit Development District LAND USE CATEGORY: Mixed Use (may include office buildings, hotels, and commercial and retail uses) CORRIDOR RECOMMENDATION: Retail Commercial (same as in CS, 0-1, C-1, C-2, C-3 and B-1 districts) NO. NOTICES SENT: Twelve (12) RESPONSES: None P&Z ACTION: June 6, 1996; Approved (5-0) subject to Prelimin= Plat Review Summary No. 1, dated May 31, 1996. COUNCIL ACTION: June 18, 1996, Approved to table (7-0) to the August 6, 1996 City Council Meeting per the Applicant's request. August 6, 1996; Approved to table (6-0) to the September 17, 1996 City Council Meeting per the Applicant's request. STAFF COMMENTS: The Applicant has met all the review comments of the first Plan Review Summary dated May 31, 1996 with the exception of those items addressed in the attached Plan Review Summary No. 2 dated August 2, 1996. LA W P-FILES\MEMO\96CASEM96-061 PP. W PD 3AICI 3AIH2 2V 2H 2C 1 O�A Ac MA --4 3AID2 - 2A y 3AIH2A I 9.47 Ac 3 Ac 2F3 2F4A 2F4 A 3AIDI 3AIN3 y WHI 0 Ac 20 2F 1A p L-- 3AIA —3AIJ2 ofx Mill � W WJ4 U3 Ac 'o M94 Ac 3AIJ 3AIJ3 j —-2A 2 -EST MGMLAND STREET 2A75 N . . . . . . I E3 I IC > 6C IE IA 2D L c MIS a 5AI 5 5c, A 2J 2G SD2 V5 Ac 8H ZA'\. JqX4 5D28 5Sou10C 50H I§Nj SV 8D 8E — 5D2B Y N 00.1 Ac IL75 Ac 5D3 5A2 5D4 -55CIG2 �L- �,� am ap ST 5D 1 & lAt 5CIC3 8RI 8R PO%ql 2 -.L— ID (A 5 BS 80 WA 8 RICH RD EADS A-4W 8X aT U3Al 5A3 50 SN Vp :3z 501 5L SH 91 5K 5A4 THOM& HAW 2BI 2B1I 2W 2B7TM2 I M 2B4A I8C1 5m A-f 2A 29VM 2B3 Mg I W 2M0 284 3 2MA m 5 50 Al 2C I 0L U 2F ZJ — 2P 2C 0 21 Co�p 1 A 20 21? 2M 2AI 582 582D i y 2A2 PIN 2AL ---- ------ 5m 5A1 183 le 182 1 ORTHWEST PKWNx ST 2AI' W4 38 X3 2E, FA fz prN rrio 1700 Aw. A9prrIO 7A 2B 102A 003 IB28 30.6 Ac COfZI3 15 Ac o A IA 31 IRON s : 2E 81 2A3A W I 2A 2A3 WA 3 Ac2AIA 6AIA- R 2 2AIB 2AIC i Ic 2AI 2 3A ------ 12.09 Ac IL. IIA IIA io ID I 11E i i --- --------------- 1 - - - - M7 ------ --- -3ALA Ec -oAN t- i� Hob,%a-4&4TF� RAV-C' A-474 13.6 Ac 5 5A JD IID 1103 2 EA' 6G ZAI ------ (D IIDI 6K- 61(1 LirTrl IA3 20 Ac IIN so ! a4"ew HALE-1 I — I Ty L A-805 6AI TRACT MAP GRAPEWNE uAl RAINRO- - i A2A 2A 28 2CI ADJACENT OWNERS (STATE HWY 114) AND ZONING Spin Representatives #6 TH 384 4 Doug and Danita Fierce 551 AL City of Southlake, Texas PRELIMINARY SUMMARY e Case No:1, yr, Review rmc$ll •1• N1717mul FIRM= CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON .6/12/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.NAWNMWM POB must be tied to survey comer or previously filed subdivision corner. 2. The following changes are needed with regard to easements: A. Label width of the existing T.P. & L. Easement recorded in Volume 2312, Pg. 67 located in Lots 1 and 2, . B. Provide the deed volume and page for all existing easements shown. If easement(s) cannot be verified by a filed document or other executed document, delete the easement from the plat. C. Provide easements for water, sewer, and/or drainage in compliance with utility plans as approved and as required by the City Public Works Department. D. Designate all proposed easements for public utilities as "Utility Easement" (i.e. 10' U.E.). E. Designate all access. easements as "Common Access Easement" .�.- F. Provide Common Access Easements in conformance with driveways as approved on Concept Plan(s) and/or Site Plan(s) for this site. 3. Provide an additional 12' x 150' with a 150' transition right-of-way dedication for a free right turn lane along the dedicated west line of Kimball Avenue from the north line of S.H. 114. 4. Provide a "Quantitative Land Use Schedule", similar to the following example: Ouantitative Land Use Schedule Existing Prop. Existing Prop. # of # of Gross Density Net Land Use Land Use Zonin Zoning Lots Units Acreage DU/Ac. Acreage Industrial Mixed Use 1-1 P.U.D. ? 7 0 22.78 0 xx.xx City of Southlake, Texas 5. Delete all `Bufferyard" designations from the plat. * North Kimball Avenue is indicated as an 84' R.O.W. which requires a minimum R.O.W. dedication of 42' from the centerline of the apparent existing R.O.W.. If the opposite side has already dedicated R.O.W. per the Thoroughfare Plan, this project should show a R.O.W. dedication which provides for the ultimate required 84' R.O.W.. * This plat may result in nonconformity with regard to the zoning district. The existing parking located within Lot 1 will encroach the dedicated right-of-way of North Kimball Avenue and may result in the building encroachment of the required front building line of Lot 1 after final determination of required R.O.W. dedication. * Additional common access easements or relocation of easements may be required upon final platting based on subsequent concept plan and/or site plan approvals. * This property lies within the 65 'LDN' D/FW Regional gi Airport Overlay Zone which will require that new construction meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479 and will require that the " Avigation Easement and Release" shown in Appendix 3 of the Subdivision Ordinance No. 483 ;be executed on the subsequent final plat(s). * The Developer's Agreement for this addition should consider perimeter street and drainage, park dedication requirements, off -site. sewer extensions, and off -site grade -to -drain permission. The applicant should be aware that any revisions made prior to the next scheduled meeting must be received at the City by 5:00 PM on 9/23/96. If not received by that time, no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and include an 11 " x 17" revised reduction. P&Z ACTION: June 6, 1996; Approved (5-0) subject to Preliminary Plat Review Summary No. 1, dated May 31, 1996. COUNCIL ACTION: June 18, 1996, Approved to table (7-0) to the August 6, 1996 City Council Meeting per the Applicant's request. August 6. 1996; Approved to table (6-0) to the September 17, 1996 City Council Meeting per the Applicant's request. Denotes Informational Comment cc: Anderson Industries, Inc. Lane's Southwest Surveying, Inc. LAWP-FILES\REV\96\96-061 PP.2 se -is ON -444a it mt 1 7 City of Southlake, Texas MEMORANDUM September 13, 1996 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Mesco Addition, Lot 1, Block 1- Encroachment Agreement Attached is an "Encroachment Agreement" requested by Rick Wilhelm on behalf of John Eubanks for the above referenced lot. The issue is that they want assurances from the City that we are not going to require the removal of their existing parking (which is in the ROW that they are dedicating) until such time as we widen Kimball Avenue. City Attorney Wayne Olson has been working with Mr. Wilhelm on this agreement and the attached document is the result of their combined efforts. Mr. Olson does not have a problem with the agreement. Please contact me if you have any questions. GL/gl cc: . Encroachment Agreement L:\WP-FILES\MEMO\STAFF\CEH\MESCOI.WPD ?I F I SEP-13-1996 14:34 FIELDING,BARRET & TAYLOR FIELDING, BARRM & TAYLOR, L.L.P. 8173324741 P.02i13 A WAUM Ys UW BANK ONE TOWER Soo TNROCMORTON STRF.BT FORT WORTH,11" 76102-= TELEPHONE (51-0 3-MO OM 3 s"'" FAX (81-0 =4740 WAYNE iL OLSON September 13, 1996 VIA FAX AND REGULAR MAIL Mr. Greg Last City of Southlake 667 North Carroll Avenue Southlake, Texas 76M RE: Encroachment Agreement - Mesco Office Building Dear Greg: Attached is an original of the proposed encroachment agreement between the City of Southlake and the owner of the Mesco office building. This agreement is the same as the agreement that I sent you on July S, 1996, with the exception that I have added a new paragraph 9 to include some additional terms which stick Wilhelm had requested. As you can see there is a blank in paragraph 9 that the city will need to fill in with regard to the number of days written notice that the city will give to the property owner in order to allow him to relocate his parking spaces. It is my understanding that this agreement Will be on next Tuesday's city council v 13 F-Z SEP-13-1996 14:34 FIELDING,$ARRET & TAYLOR 8173324741 P.03i13 Mr. Greg Last September 13, 1996 Page 2 agenda for approval. If you have any questions regarding this agreement, please let me know. Very truly yours, wko6,,— Wayne K. Olson cc, hick Wilhelm Munch, Hardt Kopf; Harr & Dinan, P.C. 4000 Fountain Place 1445 Ross Avenue Dallas, Texas 75202-2790 f.\Gks\.vte\jmcm\vu.006 L 0 0 F-3 SEP-13-1996 14:34 FIELDING,BARRET & TAYLOR 8173324741 P.04i13 A ENCROACHMENT AGREEMENT STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is made and entered into by and between the City of a home rule municipal corporation in Tarrant County, Texas, acting herein by and through its duly authorized City Manager, _,, hereinafter referred to as the "City," and , hereinafter referred to as "Grantee." A. Whereas, Grantee is the owner of Lot _--, Block , , - Addition to the City of Southlake, Tarrant County, Texas (the "Grantee Tract'); and B. Whereas Grantee has heretofore dedicated to the City for right-of-way purposes the land more particularly described on Exhibit " A", attached hereto and made a part hereof (the "Encroachment Area"); and C. Whereas, at the time of dedication, certain of Grantee's parking spaces were located in the Encroachment Area and City has, subject to limitations, agreed to allow them to remain in place. WITNESSETH.- 1. For and in consideration of the payment by Grantee of good and valuable consideration and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to encroach upon, use and occupy [.\nk,\sIaI,c\cftuw\p"ng.fnl (09-13-%) �w 0 SF tf L SEP-13-1996 14:35 FIELDING,BARRET 8 TAYLOR 8173324741 P.05i13 portions of the public streets for the purpose of constructing, maintaining and using a parking lot and related improvements as shown on in Exhibit "B" attached hereto. Exhibit "B" is incorporated herein by reference, and is to be considered as a part of this instrument. 2. All construction, maintenance and operation in connection with such encroachment, use, and occupancy shall be performed in strict compliance with the Charter, Ordinances and Codes of City and in accordance with the directions of the Director of Public Works of City, or his duly authorized representative. All plans and specifications therefor shall be subject to the prior written approval of the Director of Public Works, or his duly authorized representative, but such approval shall not relieve Grantee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon completion of construction and thereafter, there shall be no e encroachments in, under, on or above the surface area of the streets and sidewalks involved, except as shown on Exhibit "B." 4. Grantee, at no expense to City, shall make proper provision for the relocation and/or installation of any existing or future utilities affected by such encroachment, use and occupancy, including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivisions. In the event any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned or constructed by or on behalf of the public or at public expense is I.\rile5\slake\c0ntract\parWn3dnl (09-13-%) 2 0F'S SEP-13-1996 14:35 FIELDING,BARRET & TAYLOR 8173324741 P.06i13 made more costly by virtue of the construction, maintenance or existence of such use Grantee shall to City an additional amount equal to such encroachment and pay additional cost as determined by the Director of Public Works, or his duly authorized representative. 5. City may enter and utilize the Encroachment Area at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, City shall bear no responsibility or liability for damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. 6. The initial term of this agreement shall be twenty-five (25) years, commencing on the date this agreement is executed, subject to termination as provided elsewhere herein. The rights, duties, obligations and liabilities herein set forth shall be (aw appurtenant to, and shall "run with" the Grantee Tract. 7. Upon the termination of this agreement for any reason whatsoever, Grantee shall, at the option of City and at no expense to City, remove all of Grantee's improvements from the Encroachment Area which rise above the level of the parking surface- 8. It is further understood and agreed between the parties hereto that the City streets and sidewalks, including the portions of such streets and sidewalks to be used and encroached upon as described herein, are held by City as trustee for the public, that City exercises such powers over the streets as have been delegated to it by the Constitution of r:\fiJ=\sUxc\cmtr=\P-iUAe-(n1 (09-L4.96) 3 (4mol `-' i SEP-13-1996 14:35 FIELDING,BARRET & TAYLOR 8173324741 P.07i13 the State of Texas or by the 19gislature; and that City cannot contract away its duty and its legislative pow er wer to control the streets for the use and benefit of the public. While there is no conflict now, and barring any future conflict between uses of the Encroachment Area by the City and the Grantee, Grantee's continued use of such area will not be terminated unreasonably, it is nevertheless agreed that if the City Council should at any time during the term hereof determine in its sole discretion to construct public streets within the public right- of-way or to use or cause or permit the said portions of the streets and sidewalks to be used for any other public purpose, including but not being limited to underground, surface or overhead communication, drainage, water lines, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose whether presently contemplated or not, which is not compatible with Grantee's continued use, then to the extent of the conflict, this agreement shall be cancelled and terminated upon a majority vote of the city council. 9. In the event this agreement is cancelled and terminated as provided in Paragraph 8, City will give Grantee days written notice of City's intent to utilize the Encroachment Area. Grantee shall remove any improvements as required by this agreement within such time period. No construction by City which interferes with Grantee's use of the Encroachment Area shall occur until such time period has expired- It is further understood and agreed that upon termination of this agreement, Grantee will be required to replace any parking spaces which must be removed because of City's construction with the same number c\u�S\:wC\CMU \P&rwnc-fA1(09-13-96) 4 SEP-13-1996 14:36 FIELDING,BARRET & TAYLOR 8173324741 P.08i13 and size of parking spaces at another location on Grantee's property. Grantee's building shall not be required to comply with new parking requirements. 10. Grantee understands and agrees that the granting of any encroachment hereunder is not meant to convey to Grantee any right to use or occupy property in which a third party may have an interest, and Grantee agrees that it will obtain all necessary permission before occupying such property. 11. Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said encroachments and uses. 12. Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this agreement or by any federal, state or local statute, law or regulation. 13. Grantee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City; that Grantee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees; that the docdne of respondeat superior shall not apply as between City and Grantee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. .\files\SIVm\c mtmct\M,rldng.fnl (09-B-%) 5 0r F- SEP-13-1996 14:36 FIELDING,BARRET 8 TAYLOR 8173324741 P.09i13 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, (amo, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY, AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY L FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF GRANTEF, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. t\ma\stake\coauact\paridag.(al (09.13.96) 6 8 F- I SEP-13-1996 14:37 FIELDING,BARRET & TAYLOR 8173324741 P.10i13 15. Grantee agrees, binds and obligates itself to maintain public liability insurance related to the proposed use and occupancy of public property as covering all public risks e p p located and described in Exhibit "B:' The amounts of such insurance shall be not less than the following: property damage, per occurrence $100,000 Personal injury or death, per occurrence $500,000 with the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option (but not in excess of the limits then being required by the City of other independent contractors doing business with the City) and that Grantee covenants and agrees to so revise such amounts within thirty (30) days following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be cancelled or amended without at least thirty (30) days prior written notice to City. A copy of such certificate of insurance is attached hereto as Exhibit "C." Grantee agrees to submit a similar certificate of insurance annually to City on the anniversary date of the execution of this agreement. 16. Grantee agrees to deposit with City when this agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Consent Agreement in its entirety in the deed records. After being so recorded, the original hereof shall be returned to the City Secretary. G\pa\,wme conuact\parking.fnI (09-13-%) 7 0 F-I 0 SEP-13-1996 14:37 FIELDING,BARRET & TAYLOR 8173324741 P.11/13 Caw, 17. Grantee covenants and agrees to maintain the encroachments described in A n n times. Exhibitxn a neat, safe and good condition at all t 18. In addition to the other grounds for termination provided for in this agreement, this agreement may be terminated by the City should Grantee breach any terms or conditions set forth in this agreement and not cure same within 30 days after written notice thereof. 19. Grantee agrees that should any action, at law or in equity, arise out of the terms of this agreement or on account of Grantee's maintaining or using the encroachment described herein, venue for said action shall be in Tarrant County, Texas. In any action brought by City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorneys fees. EXECUTED this day of 1996• CITY OF , GRANTOR GRANTEE By: By. Curtis E. Hawk, City Manager t.\Gks\suite\contract\patldng.tnl (09-13-96) 8 x 0F=ll SEP-13-1996 14:37 FIELDING,BARRET & TAYLOR 8173324741 P.12/13 L STATE OF TEXAS COUNTY OF TARRANT This agreement was acknowledged before me on this __ day of _--1996 by Curtis E. Hawk, City Manager of the City of Southlake, Texas, who informed me that he is the duly authorized City Manager for the City of Southlake, that he was authorized to execute the above agreement on behalf of said city. GIVEN UNDER MY HAND AND SEAL- OF OFFICE this the _ day of 1996. Notary Public in and for the State of Texas f_\fdcs\stake\C0ntact\Qatking.fn1 (09.13-96) 9 10 -I Z SEP-13-1996 14:37 FIELDING,BARRET & TAYLOR 8173324741 P.13i13 STATE OF TEXAS COUNTY OF TARRANT This agreement was acknowledged before me on this day of 1996 by who informed me that he is the duly authorized Of a _ corporation, and that he was authorized to execute the above agreement on behalf of said corporation - day of GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 91996. Notary Public in and for the State of Texas County of f:\files\tlakc\cvacract\parkitsC.fnt (09-13 %) 1() TOTAL P.13 00 r-(3 t City of Southlake, Texas September 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 96-61, Appointment to Parks and Recreation Board Resolution No. 96-61 is listed as an agenda item for the September 17, 1996, City Council meeting, giving Council the opportunity to appoint a replacement for Rod Johnson, with a term to expire in May, 1999. According to Ordinance No. 646, Park and Recreation Board. in Section 2, states... "the board shall consist of nine (9) citizens of the City of Southlake." The Mayor asked that this item be placed on the agenda for consideration, if it is determined that Mr. Johnson is no longer a "citizen" of the City of Southlake. Attached are the applications I have on file for appointment to the Park and Recreation Board. If you have questions, please give me a call. q A - t City of Southlake, Texas RESOLUTION NO. 96-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER TO THE PARK AND RECREATION BOARD TO FILL AN UNEXPIRED TERM; PROVIDING AN EFFECTIVE DATE. WHEREAS, a Parks and Recreation Board was created for the purpose of Planning and Developing Parks and park sites within the City of Southlake, for the use and benefit of its citizens; and, WHEREAS, the Parks and Recreation Board shall consist of nine (9) members to serve three (3) year terms; and, WHEREAS, currently a vacancy exists, leaving an unexpired term which will expire in May, 1999; 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 incorporated into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints , to fill the unexpired term of Rod Johnson, which will expire in May, 1999. Section 3. This resolution shall become effective after its passage and approval by the City Council. PASSED AND APPROVED THIS THE 17TH DAY OF SEPTEM BER, 1996. Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary t City of Southlake APPLICATION FOR APPi APPLICATION FOR APPOINTMENT TO: (name of board, commission or committee) Use a separate application for each appointment desired .JUN - 7 W OFFICE OF CITY Tr FMTMY. Name: I ' Address: 'f Home Phone: �� Ug5 3 Years in City: Employer: Phone: Currpgt and/or previous board,4commission, or committee experience in the City of Southla�p: Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the -lose, goals, and duties of same: LL'l6 - Qualificati ns and expert ce that would assist you in serving in tl is position- s stq ZVI 4. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments: ,tl z..k1 V, 6 U 0Lc, I i ,n n LA 14 111 .4. &J U a / rt, n t 1 D Vj,--f1n>-fig. t Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application kept on file for one (1) year. After that time it will be necessary to reapply and update the information if you �sh to continue t pe considered for appointment. � I Signature: Date: — CAWPFT ESICITYSECIAP0IIdTMN.FF4ti1 A,3 ul Ito�� ) Pit. 1)41 1, m APPLIC fXOIA t0A "Voxwrxj liT TO = (Name or Board, Parks and Recreation Board use • saiiarate apOlIO&tiOn for oac appo n Douglas 1. Yierce ADDR�Bi t 2419 Gresnbough 00 SCM pUC=g 481-6246 YIW IN CITTS 1 Y,p= Commercial Metals Cos Liberty Division 'fit 214_ Current and/fir pCevionr boaf&rttaftng�osimditotea_ V in the City o! AIoatblaxe j Reasons fox aoeining to Merv* *1 this board, • committee, cad four opinion as to the purpose, goals, i3me� see attic ent Qualifications and e ay r this positions ieacde that could assist you Do you understand and agree that your regular at support are required as an appointeeYApd that I reault is removal from the board? Additionat 1090,Mtioa or Comments? 7 ,6 arieaos: . rsi ay ss du Los of Sor,inq in and active ana' could please xttura this completed ford to the city soaze 's .4 Oft Each application will be kept on file for one yea • `j(a Signature It additional space is needed, attach to this app AGAAt, Aw rwr••!L•i "IA-5 r1j1R-01 -` ft F K 0S :1 1 NP1 -Yv 0 PURPOSE My motivation for submitting an application for appointment to the Park Board is three fold. First and foremost, as the father of three pre-school children who will benefit immensely from the park system, I see this appointment as an opportunity to directly effect the course.of the Southlake Park System for my family and all the families of Southlake. Secondly, The Park Board's extensive agenda both active and forthcoming tends itself to a myriad of ways I can serve this community. Lastly, being a SPIN standing committee member, I see this appointment as a logical extension of my desire to impact our community in a substantive manner. I perceive quality leadership for the Southlake Park and Recreation System as being the Park Board's primary responsibility. Leadership must embody a commitment to the staff, facilities and assets of the Park's system. A commitment to accurately reflect goals and desires of the citizens of the City of Southlake encompassing the current, developmental, and future plans and activities which must include aspects of our cities continued growth. QUALIFICATIONS Education B.A Huntington College Th.M. Dallas Theological Seminary Business I am an Operations Manager for Commercial Metals Company Liberty Division. My responsibilities encompass aspects of daily operations, Transportation, Safety, and Environmental issues for our Dallas, Lubbock, and Shreveport locations. I sit on the Commercial Metals Federal Credit Union Board of Directors. Additionally, I have fifteen years experience in commercial and residential construction and development. Ms. Sandra LeGrand City Secretary City of Southlake Southlake, Texas May 12, 1996 Dear Ms. LeGrand: MAY 1 419%. aMCE Of CITY SECRETARY I wish to be reappointed to the Southlake Park Board. I feel that I have made a variety of substantial contributions during my two-year term, to include: -- Serving on the City Manager's Trail Committee. -- Serving on the Park Master Plan Committee. -- Conducting a series of well -received focus groups on the park master plan priorities. -- Serving as park -board liaison on trails and budget. I have a good meetings attendance record,and have tried very hard to offer thoughtful input to all park board issues, attentive to community needs. Thank you for your consideration. VerRzy truly yours, � Marge Zielke cc: Kim McAdams Rod Johnson City of Southlake APPLICATION FOR APPOINTMENT APPLICATION FOR APPOINTMENT TO: PARK AND RECREATION BOARD (name of board, commission or committee) * Use a separate application for each appointment desired Name: MICHAEL RICHARME Address: _1347 Estella Way Home Phone: 488-4863 Years in City: 8 Employer: Consultant Phone: Current and/or previous board, commission, or committee experience in the City of Southlake: Planning and Zoning Commission City Council Miscellaneous Committees within the City Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: Qualifications and experience that would assist you in serving in this position: Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments: Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information h t f you wish to continue to be considered for appointment. Signature: Date: June 4, 1996 qA-1 C:\WPFILES\crrYSEc\APoiNTMN•FRM City of Southlake, Texas 24 low APPLICATION FOR APPOINTMENT TO 'L_T(SECRETARY SOUTHLAKE BOARDS AND COMAUSSIONS APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) I a rk6 �n dV46-t) &aA use a separate application for each appointment desired -- NAME: C-1��i� Vv► , I +�. i ADDRESS; L4476 Dr- HOME PHONE: 8I�_4W_ YEARS IN CITY: EMPLOYER:-k2rmT-It�. CCT PHONE: Current and/or previous boa d, commission, or committee experience in the City of Southlake: Kornmi+4ee Prey V�Qi Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, oals, and duties,of nA6LVT Al-, t��Pd-rk6 (4& SCUMAiL, Vto I r CALY, S 2 i nnI CttA Qualifiications and experience that would assist in serving in ,this position: �,�� V;�r^ 1v"1 U Iv�c Cl.ii-6, VY)7ou lroaj �pEC�ai 6 1 0l06h �! r`f'��c�' L�:t=h���� e�i, n-tTh �.r,'�r:! s-r. w�t�-UL ( [Ik Idr' r� �h�� r, .. D ., A-� it -", 1 A f"1;tL . ,9L �n.n_ .. ,.L/, O I SATE :, I v I �(Lf l I vl-f-6k4-�I�;r � fr �o you understand and agree th t your re ar a£tendance and ac1� �i a GU support are required as an appointee and that noncompliance could result in removal from the board? U . arm py) -(T)Ur6.4&y . Additional information or comments? rn4 S PI K] ►v-\J6.I ve-rn2V�- lceeP-, rne_ i r1 (11-j� A�OIC.i- A I n iuha� Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. Signature: C lGL (.� Date: 3 If additional space is needed, attach to this application AA '1 City of Southlake APPLICATION FOR APPO APPLICATION FOR APPOINTMENT TO: I" /4P K S (name of board, commission or committee) * Use a separate application for each appointment desired Name: U sa 2yor)C i'rc,_ Address: d D � l l m ba-1- /mot K.,(ba ► v-p— Home Phone: C9 / ^ g a � � Years in City: y /9-)an4 5 Employer: SEW �� f PCL r + T7 r' 1 .) / W-2 -1- Cl �� Phone: _n21L1- 95-7 -U i 3 Current and/or previous board, commission, or committee experience in the City of Southlake: /tookE Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: _ --Z: rm &c; deI4 i ? S00+)C.ke- C,nel amyP.q lvseA in co�Arx�,- %-e Xv t , c.C�Lkk, w`v c1j,\d,ren C114, CC �r. it,,; ctin,\�ren c -c)nne l . \ ax,,. caX MO- ccfnrn�lr,,)1-u %AA- -ocy4- At> CrnQya,4 S%4-r Qualifications and experience that wot ld assist you in serving in this position: YC-09l e_. -Sr Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? 4en Additional information or comments: Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information if you wish to continue to be considered for appointment. Signature -10 Date: 6--/S — ��q CAWPFILES\CITYSEC\AP0RT1 N.FRM City of Southlake, Texas September 12, 1996 TO: Curtis Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 96-62, Appointment to Southlake Park Development Corporation (SPDC) Resolution No. 96-62 is listed as an agenda item for the September 17, 1996, City Council meeting, giving Council the opportunity to appoint a replacement for Rod Johnson, with a term to expire in May 1997. According to the Articles of Inco - ion for the Southlake Park Development Corporation, Article 10 Board of Directors (a) states... "each director must be a resident of the City, and at least four (4) of the directors must be members of the .City Council." The Mayor asked that this item be placed on the agenda for consideration, if it is determined that Mr. Johnson. is no longer a "resident" of the City of Southlake. Attached are the applications I have on file for appointment to the Southlake Park Development Corporation. If you have questions, please give me a call. AT City of Southlake, Texas RESOLUTION NO. 96-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER TO THE SOUTHLAKE PARK DEVELOPMENT CORPORATION (SPDC) TO FILL AN UNEXPIRED TERM; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority granted by the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes as amended (the "Act"), the City Council found it advisable to authorize the creation of a non-profit corporation to be named the Southlake Park Department Corporation, to act on its behalf in financing, under the Act, eligible "projects" deemed to be for the benefit of the public; and, WHEREAS, the Board of Directors shall be composed of seven (7) persons; and, WHEREAS, currently the citizen appointment position is vacant, leaving a term to expire in May, 1997; 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 its entirety. Section 2. The City Council hereby appoints to fill the unexpired term of Rod Johnson, (the citizen appointment), which shall expire in May, 1997. Section 3. That this resolution shall become effective upon passage and approval by the City Council. PASSED AND APPROVED THIS THE 17TH DAY OF SEPTEMBER, 1996. Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary City of Southlake APPLICATION FOR APPOI .PPLICATION FOR APPOINTMENT TO (name of board, commission or committee) ' Use a separate application for each appointment desired Name: :address: Home Phone: a S BSc} Years in City: VPc') S Employer: C.1S-�- )� Sse•t Phone: 6 Fj G Current and/or previous board, commission, or committee experience in the City of Southlake: Leo nit e� L Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the goals, and duties of same: Qualifications and experience that would assist you in serving .in this position: 11 s? 2na"P rj Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments: .7, lease return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application ill be kept on file for one (1) year. After that time it will be necessary to reapply and update the information :re ou -vvi to continue to be considered ignature: z, r appointment. Date: 7 l--,, /9,,, 8 �1 C:\WPF LES\CITYSEC%AP0[NT.%tN.FR.`I r1l Janet Nturphy (W Application For Appointment to: Southlake Park Development Corporation continued Current and/or previous board, commission, or committee experience in the City of Southlake: Parks and Recreation board 1989-1996, Chairperson 1991-1995, Joint Utilization Committee 1993-1995, Citizens Advocating Parks in Southlake 1993, Southlake Park Development Corporation 1993-1996; founding incorporator 1993. Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: I wish to be involved in the decisions made regarding the expansion of the Southlake parks and recreational facilities. I feel that my seven years of extensive experience with Southlake Parks and Recreation in the various board capacities outlined above and below will bring valuable input to the discussions and decisions of this board. The purpose and duty of this board is to provide the financing for needed park and recreational facilities through the administration of the half cent sales tax income. The goal of this board is to implement the Parks and Open Space Master Plan and provide needed recreational facilities for the expanding population. Qualifications and experience that would assist you in serving in this position: My seven years of service to this community have been focused on improving the city's parks and recreation facilities from day one. I have sold outfield fence advertising space in order to raise funds for new playground equipment in 1989 and 1990 when there was no other source of funding. I helped with the development of the Park Dedication Fee section of the Subdivision Ordinance implemented in 1991. I was Chairman of the Park and Recreation Board throughout the research and development of the Park and Open Space Master Plan adopted in January 1992. I successfully argued for the first recreation staff person in 1992. I lobbied for the creation of the Joint Utilization Committee in order for the city and CISD to work cooperatively for the building and use of recreational facilities in 1992. I lobbied for the City Council to call for the referendum vote for the half cent sales tax for economic development in 1993. I chaired the publicity committee and helped to lead the campaign for the passage of this referendum in 1993. I have been involved in the design and planning of the new facilities at Bicentennial Park expansion and the Middle School Gymnasium. I have a good working relationship with City staff and with the various athletic organizations who use or wish to use our public facilities. 14 City of Southlake APPLICATION FOR APPOINTMENT APPLICATION FOR APPOINTMENT TO: *Use a Address: V '�•� Employer: (name of board, commissiovor commi ication for each appointment desired Years in City: Phone: .;l2 and/or previous board, commission, or committee experience in the City of Southlake: itl�ILliJr,If.1 �rltxw�r w/ L�d'✓Jh�'xl,/e..: � / �i,Y/� _ p9' EArn Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the urpose, goals, and duties of same: Qualifications and experience that would assist you in serving in this position: Do you understand and agree that your regular attendance and active suppo are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments: Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information if you wish to continue to be considered for appointment. Signature: Date: CA\VPFI \CrrysEc,AmwTmN.FRM City of Southlake I By APPLICATION FOR APPOINTMENT APPLICATION FOR APPOINTN EN'T TO: %pbQ.• + (name of board, commission or committee) *Use a separate application for each appointment desired Namc: �(WALk Address: 12M Q:A iwr Home Phone: Years in City: Employer: QMINL ! Phone: -4 2&46AM -G0w Current and/or previous board, commission, or committee experience in the City of Southlake: Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose,goals, and duties of same: j•••• , •-!A6 %2M LIL" %f. is. ns cpe-n a �uia a assist you 'tMserv�n9 uCi position: AMAnftw am _ 1 Beni A & oJUL&Jb"" • n T wu Do you understand and agree that your regular attendance and active support are required as an appointee and that noncomplimm could result in removal from the board? Additional information or comments: Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. w. 7— q a-L Date: 5--14- _ CAWPFiLES MYSE 1NTMNYRM City Of Southlake, Texas AR XC, APPLICATION FOR APPOINTMENT TO ' SOUTHLAKE BOARDS AND COM1ViISSIONS ' c d C ; ISS6 C 1TY S ECRETgRY APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission o Committee) .5o,,4h1akc P4r�E'! ✓elopes P�� lor�o�o �o.� use a separate application for each appointment desired NAME: R -`�- (Dck) aJd�nd�or� ADDRESS: HOME PHONE: 17431 - q 3 31 YEARS IN CITY : EMPLOYER: SeY (Re -h�c W) PHONE: $131- 9 3 31 Current and/or previous board, commission, or committee experience in the City of Southlake: $trved an Ro4di7horoo4k.vtro-Ieme-44Ta-ch F,Xe' Serve%L en P Mkt -4 Aecrea+i ,, yrt- Seder rx Tark Farce' Served a4 Keeg;gaNkiet �utu�t ul �^ and Lj+krServt One.. Y&w sn S I/V 54--efA 6e,%MI44 Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: = llm,&Wer4g,cal Qecrta,+;e., - 4 Yew of Wecf Gxawoi Cluj -1J0-1! = 8wM�7c"a Co,r.i'1 C1�6 Sw�%nrq,e I'oolr• 2 ye�r5 - _Of"�- tti1M Nillr vq�i Club -Mri s Zambmil Owoh asd b0I CaacA for M ' care 1.4. Qualifications and experience that would assist you in serving in this position: _<ee 1rrio,ediar4-c1j Qborc . S 1o✓e_ �ou}i,(,ke and uaorkahj WI± jodfan (Qn (2 pt0 fl_r-Tpr64rJrv.I — Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? A& "- Additional information or comments? Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. Signature: Date: z 7, / 9 9 If additional space is needed, attach to this application A City of Southlake APPLICATION FOR AP: APPLICATION FOR APPOINTMENT TO: MAY i e lass u I0, 41ws Df U D E (name of board, commission or committee) * Use a separate application for each appointment desired Name: Address W M Home Phone: 0 `-- li%Y `J Years in City: A/. Employer: G IU Phone: 11 `� Y gs— 230 `7 Current and/or previous board, commission, or committee experience in the City of Southlake: !�22 v jil & 0 " - — -e 4 r-L— Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: v �F v �Jz-A- L �/ Ei1-1��' DF= ,SI�-�#?E �! C �- ¢ /�v �-�v C 1,4 4- L��N��- . D you understand and gree tha your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments: L A)— � ti 9CA 0 G A AI-C 'UP- / I / es- . S Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information heif you A,wish to continue to be considered for appointment. Signature: /'� 44407L� azjll� Date: A. 5-/% 7- q-6- 3 C:\WPFILES\C[ SEC\AnrN MN.FK.%t r City of Southlake, Texas MEMORANDUM September 13, 1996 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Timarron Village "I", Phase 1 Developer Agreement BACKGROUND: The draft Developer Agreement for Village "I", Phase 1, which is part of the the Timarron P.U.D. is attached. The usual conditions for the cash escrow, letters of credit, performance bond or payment bond are required in this agreement. There are a few changes in this agreement that needs City Council's attention and these changes are as follows: Page 3, GENERAL REQUIREMENTS, Paragraphs G, Sections La and Lb: As part of the land transaction between the City and Timarron for the municipal complex on F.M. 1709, the City agreed to waive fees, including the 2% administrative and 3% inspection fees for future Timarron projects, up to a total of $350,400. The Developer wishes to keep references to the fees within this Developer Agreement; however, the actual fee amounts will be applied against accrued fee credits. • Page 9, OFF -SITE AND/OR SEWER PRO RATA, Paragraph A: There is no off -site and/or sewer pro rata, off -site drainage structures, or off -site water. Pages 9 and 10, PARK FEES, Paragraph B: The Developer met with the Park Board on September 9, 1996 to discuss recommended credits for this project and Village "F" . The Park Board agreed to recommend full credit for the dedication and construction of a trail along Byron Nelson Parkway ($65,026) and to allow a 10% credit for the construction of the neighborhood center in Timarron Village "F". The allocation of costs, as presented by the Developer and accepted by the Park Board provided for a total credit of $10,000 for all of Village "I" for the Byron Nelson Trail. The Developer has requested that the entire trail cost ($65,026) be applied to this phase of Timarron Village "I". The Developer's rational for this is that the entire trail will be completed in conjunction with Phase 1 of Timarron Village "I". A memorandum from Kim Lenoir is attached, outlining the Park Board recommendation. This portion of the Timarron development is subject to Roadway Impact Fees. • Page 10, TRAFFIC SIGNAL, Paragraph E: The Developer has instructed the design engineer to proceed with the design of the proposed traffic 10A-1 MEMORANDUM CURTIS E. HAWK TIMARRON VILLAGE "I", PHASE 1 SEPTEMBER 13, 1996 PAGE 2 signal at Byron Nelson Parkway and F.M. 1709. The Developer wishes the City to participate in sharing the construction cost of this light, but will defer this discussion to a later date. We have received preliminary approval from the State on the installation of this light; however, they have stated that they do not have the funds to design or construct the signal. Staff's recommendation is to place the Timarron Village "I", Phase 1, Developer Agreement on the e lar ity Council Meeting Agenda for September 17, 1996, for City Council consideration. attachment: Developer Agreement Memorandum from Kim Lenior, Director of Parks and Rec. Plat Exhibit C:\W P W Di6M W PDOCSISUBDMT BAARROMV aLI,DE V-AGR.MPM 1OA-2 TIMA ,,RR pN� ?°SE1= 09\ 17\96 DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of TiiYfarronVill'a e`1�1 J1i, to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 79 lots contained within the Timarron Addition and to the off -site improvements necessary to support the Addition. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots, e&-4ff ,after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer 10A-3 and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or l� suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approves the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: -2- 10A-4 a Inspection;fe�esegial to>tlree°percen(%j"ofthe cost"oithe ai street; draindge-and sanitary sewer facilities'"on all facilities includ�Me'' in this_ aueenient for., which _ Developer,, awards his or her o constnchoncontraet„to be paidpnor toconstruction oteach andj�based on actualidnstructtbi%s ...n . AdministrattyerocessingF equal to�c�iercentz(2°yQ)of the cost of Ovate"r,street,drairiageand sanitary''sewerfadlities on all 'facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. -3- 10A-5 I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. me 10A-6 C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. -5- 10A-7 E. ON -SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. F. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any SZ 10A-8 circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. START OF CONSTRUCTION: Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. All fees required to be paid to the City. 4. Developer's Agreement executed. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre -construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly -7- 10A-9 safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year -8- IOA-10 period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgment by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. OFF -SITE AND/OR SEWER PRO-RATA: 'EWw ._ ..�a �e a a ���. v B. PARK FEES: In 10A-11 at $65,026.). Developer shall be allowed to'carry:over'a:credit equal to the actugKM of the trail minus the normal pa&fee credits for future phases_:of Timarroriztu C. PERIMETER STREET ORDINANCE: There is no Perimeter Street Fee required for Tinartonrll D. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585. E. TRAFFIC SIGNAL: The Developer agrees to bear the cost of the design of the proposed traffic signal at Byron Nelson Parkway and F.M. 1709. Construction cost sharing of this signal will be discussed and negotiated at a later -date. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address Date: -10- 10A-12 CITY OF SOUTHLAKE, TEXAS m. Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: -11- 10A-13 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. C.AWPWIN6MWPDOCS%SUBDMTOAARROMWLP)EV-AgtWPD -12- 10A-14 City of Southlake, Texas MEMORANDUM September 12, 1996 TO: Bob Whitehead, Director of Public Works FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Park Dedication Credits - Timarron Village I & F The Parks and Recreation Board reviewed the development plans for Timarron Village I & F, on September 9, 1996. The Board recommended that the City credit Timarron park dedication fees dollar for dollar for the public trail construction on Continental Blvd and Byron Nelson Parkway. The Board voted that the Neighborhood Center No.2, 3.5 acres in Village F should be allowed 10% credit. The Board compared the proposed Neighborhood Center with the Southlake Parks, Recreation and Open Space Master Plan requirements for neighborhood zone number 6. The master plan showed that of the proposed facilities for the center only the multi -purpose play field was a remaining need in this neighborhood zone. The Board expressed that the developer had the right to build more than was required by the master plan but for the developer to receive 50 % credit for building more than required was not justified. Carol Lee Hamilton will be present at the City Council work session on September 17 to answer any questions about the Board's recommendation or City Council members may call her before the meeting. The Board motion was to allow 100 % credit for the public trail construction on Continental Blvd and Byron Nelson Parkway and 10 % credit for Neighborhood Center Number 2. The motion was approved (4-2), those voting "aye" were Carol Lee Hamilton, Vicki Johnson, Robin Jones and Sherry Berman, those voting "nay" were Larry Goldstein and Ronnie Kendall. Members absent from the meeting were Gary Beyer, Bethann Scratchard and Rod Johnson. Following matrix outlines fees assessed and credits recommended. A Summary of credits considered by the Park Board: FEE DUE CITY: $128,500 assessment-73,322 credits = $55,178 fee due City *New developments for the Park Board to consider **Carry over from previous developments needed to calculate fees due Call me if you have any questions at 481-5581 ext 757. �j L- KML 10A-16 i„ 30MIA tjO11100V NOSSYN11 IV-1d WNid 91 t _ x s Ub L%I, o � �� / _ /� /�>.'; y ern,, r o i -'„;• , � 7: y , tru I I*o- Ltd'. •� II.S•yK )g12f� � hl ey _n i 11 � •♦ }V I :�'�i i � 17 ,,fib+ ,rK. { 4 a•str.., i Y fJ' •�i� Q=�_��yi �i{�a `a arr �'.� '�'+.i , L��f•��Z I" �,•""�*i� j 1t•�!E }so-. l^ '�I«a, « � l`�1����1' ti 'y=g�[e�,�i.��� �3 , \, �, 1 i�329E � t! 2 = ' ua , , .cFm t i s•.s,. ' ' 7 n ��_ � f�aAgtit �i7i E• � }, r ', T' +r �\ 1 i I" z � � ' . ^ ..r •* =., � i � e � �i , � / � �� � i� 1f�C:i ii T: a� i �i ==9 d `Qo -'a•a,m —I � R^ I • meiar a I _i i., _� YY- -�- .� .. a k4 10A-17 I�:E s1a W. e E i il1 7� i 4------"-- ys�iErsxd■ City of Southlake, Texas MEMORANDUM September 13, 1996 rr TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Myers Meadow, Phase III Developer Agreement BACKGROUND: The draft Developer Agreement for Myers Meadow, Phase III, is attached. The usual conditions for the cash escrow, letters of credit, performance bond or payment bond are required in this Agreement. There are a few changes in this Agreement that needs City Council's attention and these changes are as follows: • Page 9, OFF -SITE AND/OR SEWER PRO RATA, Paragraph A: There will be no Sewer Pro Rata Fee required because A.C. and Audrey Stone participated in the construction cost of the S-2 Sewer Line. Nonetheless, the homebuilders will be required to pay Sewer Impact Fees. Page 10, PARK FEES, Paragraph B: The Developer requested a 50% credit on Park Fees, to cover all future phases (Phases II and III), at the Park Board Meeting held on January 9, 1995. At this time, the Park Board recommended that this 50% credit be given for all remaining phases. Based upon 96 lots, this will result in a Park Fee of $24,000. INFORMATION: On April 23, 1996, the City Council adopted the Roadway Impact Fee Ordinance No. 657. This ordinance states that any property platted after the date of the ordinance would be liable for the Roadway Impact Fee, to be paid at time of building permit. Myers Meadow, Phase III, is unique in that it has no perimeter roads, it was final platted after April 23, 1996 and that the perimeter road fees were collected for Phases I and II. The Developer Agreements for the two previous phases did not indicate that the Perimeter Road Fees were for the entire addition, but were only for the respective phases. Based on the Roadway Impact Fee Ordinance, the builders within Phase III will be required to pay the appropriate Roadway Impact Fee, irrespective of the collection of Perimeter Road Fees for the previous phases. RFCOM IENDATION: Staff's recommendation is to place the Myers Meadows, Phase III, Developer Agreement on the Regular C unc' eeting Agenda for September 17, 1996, for City Council consideration. 4114s attachment: Developer Agreement Memorandum from Shana Yelverton, Assistant City Manager Plat Exhibit C:\WPWQ960NWPDOCSISUBDMMYERS-M3%DEV-AGR.MFM 1OB_ 1 14 09\17\96 DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the 3 to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located therein, and to provide city services/ thereto. It is understood by and between the parties that this Agreement is applicable to the U lots contained within the and to the off -site improvements necessary to support the Addition. A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots, NJ= after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street sighs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. 10B-2 C The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approves the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: Developer agrees to pay the following: 10B-3 14 [A a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. -3- 1OB-4 I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. I Any surety company through which a�bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. L -0_ MEMOANX0331-014\ Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS: 1. The stye& construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work, will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. C ,. 10B-6 The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for ali construction costs, materials and engineering. During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. WOMTA-;FGTS Usi: : • It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any L s circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. I. START OF CONSTRUCTION: i Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre -construction. meeting between Developer and City is. required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. zI U MITA 64 Is), A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including; death, resulting from any failure to properly 1 OB-8 safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and (W specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year L s. 1 OB-9 period, the City may, at its election, draw on the performance bond, letter of credit (W or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to. be in compliance with the City policies in effect at that time. A G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgment by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. • _y.l t 1_ 0 10B-10 A A The Developer agrees to pay Park Fees in conformance with Ordinance No. 483 (Subdivision Ord), Article VII, Park and Recreation Dedication Requirements. The Addition consists of 1W lots for a total required Park Fee of Mm- All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: 'By: Title: Address Date: -10- IOB-11 CITY OF SOUTHLAKE, TEXAS Lm Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: A -11- IOB-12 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays an and all fees associated with obtaining L f C PY Y g o 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. -12- IOB-13 City of Southlake, Texas MEMORANDUM January 11, 1995 TO: Robert Whitehead, Director of Public Works FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Park Dedication Fee Credit -- Myers Meadow, Phases II+ Park Board Recommendation Fred Joyce of Myers Meadow has requested that the City of Southlake grant a 50% waiver of the park dedication fees required for the remaining phases of Myers Meadow. The Park Board considered this request at the January Park Board meeting and are recommending to the Cites Council that the request for 50% credit by Myers Meadow for all future phases be granted. Yoh will recall that 50% credit was granted for Phase I. Please include this recommendation as part of the packet information for the Myers Meadow developer's agreement. I will be happy to answer any questions you may have about the Park Board's recommendation. A/ - SKY IOB-14 to A 6 � s s LI��I J Oil W I j/ tar l- �+Y��" -..�i F- — - — - �VW♦emu-�`�-� \`it \ ` \ • .t jo for 700 . r t OB-15 �+ SSYB'JHA(n t City of Southlake, Texas MEMORANDUM September 13, 1996 TO: Curtis E. Hawk, City Manager FROM: Lauren Safranek, Human Resources Administrator SUBJECT: Approval Of Medical, Dental, Life, Accidental Death and Dismemberment, and Long Term Disability Insurance For City Employees Presented for City Council consideration are the proposals for insurance coverage for City employees. These proposals have been reviewed by an independent third party consultant, RWL Benefits, Inc., and the summary of their evaluation is attached for review and consideration. Monday, September 16, a committee consisting of Mayor Rick Stacy, Council members Ralph Evans and Scott Martin, City Manager Curtis E. Hawk, Assistant City Manager Shana Yelverton, Director of Finance Lou Ann Heath, Human Resources Administrator Lauren Safranek, and RWL consultant Heidi Gould will meet to bring forth a final recommendation to the City Council on Tuesday, September 17. Additionally, the committee will consider a recommendation for the City to contribute to the employee cost for dependent coverage. RWL's recommendations were based on criteria that included: • a financially stable company, • a history of good customer service, • the best coverage for the dollar, and • zero to minimal decrease in current coverage. Based on these criteria, three (3) options have been proposed and are presented on the Total Cost Analysis included in the attached information. LDS \D : \ intcorr\cc091396 RWL GROUP Independent Risk Management, Insurance, 6 Employee Benefits Consultants RWL & ASSOCIATES RWL BENEFITS, INC. Risk Management Employee Benefits MEMORANDUM TO: Lauren Safranek FROM: Heidi M. Gould DATE: September 13, 1996 SUBJECT: Proposal Analysis Summaries Enclosed are the Proposal Analysis summaries for the City of Southlake. These summaries include the following: • Basic Group Life/AD&D (with some proposals including supplemental life) Analysis (Iliiw • Fully -Insured PPO Medical Analysis • Fully -Insured HMO Medical Analysis • Fully -Insured Dental Analysis • Vision Analysis • Long -Term Disability Analysis As we discussed, RWL Benefits has not summarized the Section 125 Administration, the Healthsource Point -of -Service (POS) or the Omega Card (discount program) proposals. We will summarize the Section 125 Administration proposals within the next few days. However, we will not summarize the POS and discount card proposals since they were the only such proposals submitted. Please review this information thoroughly, and call me so that' we can discuss all relevant questions and/or modifications. I look forward to talking with you. 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S 0 5 L_ E 0 41 Y 7 g i Y L_ 0 Q$ O G�q L 0 ° Q ym r L U N 'EE= a ° 9 L Y n 100 H C b 0 ' q n m n m U1 C ;g P. !o t 7 c U J N !p q qq J � t LL W V Y mCoUXZIx1v O f fV P101n m .-Nm,' O 2 I �S M C O a O N c O a O C O a O W Y /n c Q N co � E R LL U O O o = Ll fC t fo O c O � U 3 O oo (O r` a) to � N r- N r-O CC rn rn 0 0 IT (0 0 .- M (O O N to fli t,H N I,H N Lo (O r� N (O (O 04 N M N oo O o0 N N It O r- 64 Ffl FA N 64 GH to � (O ti O r- O N N CO a- CO O O GO m co O N VA E9 N fH 69, r- to 00 r Q 'V V CO N Z M M U) lf) T- vr,- v EH EH (H Nth r-- w (o co Q v v rn Z m (h to N ' (O N fH fA 69 N 0 oa O w N a M 0 �0a.x-i 7 "7 n A A CITY OF SOUTHLAKE Fully -Insured HMO Proposal Analysis GENERAL NCQA Accreditation • Managed Care Network - Includes Baylor Network? - Includes Harris Methodist Network? - Includes Cook Childrens Medical Center? - Includes Children's Medical Center? • Agent HMO SCHEDULE OF BENEFITS • Out -of -Pocket Maximum • Maximum Lifetime Benefit • Hospital Room and Board/Ancillary Services • Outpatient Surgery • Physician Services Copayment • Specialist Services Copayment • Preventive Care - Well -woman exam Can women self -refer for annual exam? - Routine immunizations - Well -baby services - Routine physical exams • Chemical Dependency - Inpatient - Outpatient • Mental Health and Nervous Conditions - Inpatient - Outpatient • Emergency Services U Short -Term Rehabilitation - Inpatient - Outpatient Home Health Care Hospice Services Durable Medical Equipment U Prescription Drug Card - Generic - Brand Name - Supply RWL Benefits, Inc. Mutual of Omaha - Mutual of Omaha - Current Renewal Not accredited at this time (did not give review date) Mutually Preferred - HMO/POS Yes Yes No Yes N/A None Unlimited No charge $50/sur ical operation $15/visit $20/visit $20/exam Yes 9 visits over first 30 mos. of life 9 visits over first 30 mos. of life # exms/ r allowed based on age Not accredited at this time (did not give review date) Mutually Preferred - HMO/POS Yes Yes No Yes N/A None Unlimited No charge $50/sur ical operation $15/visit $20/visit $20/exam Yes 9 visits over first 30 mos. of life 9 visits over first 30 mos. of life # exms/yr allowed based on age No charge No charge $15 or $20/visit $15 or $20/visit $30/da ; 20 days/cal. year $30/da ; 20 days/cal. year $15/visit; 40 visits/cal. year $15/visit; 40 visits/cal. year $50/visit; waived if admitted $50/visit; waived if admitted No charge No charge; 30 visits/injury $15/visit; 100 visits/cal. year In atient: 185 days maximum No charge; limited to $1,500 per calendar year N/A No charge; 30 visits/injury $15/visit; 100 visits/cal. year In atient: 185 days maximum No charge; limited to $1,500 per calendar year $8 copayment $8 copa ment $8 copa ment $8 copa ment 30-day supply 30-day supply Page 1 n CITY OF SOUTHLAKE Fully -Insured HMO Proposal Analysis Mutual of Omaha :11 Mutual of Omaha - Current Renewal HMO SCHEDULE OF BENEFITS (contd). U Mail Order Drug Maintenance Program - Generic $15 copayment $15 copayment - Brand Name $15 copayment $15 copayment - Supply More than a 30-day supply More than a 30-day supply RATE GUARANTEES Rate Guarantee Renewal Increase Cap HMO RATES • Two -Tiered Premium Rates - Employee Only - Dependent • Estimated Two -Tiered Premium • Four -Tiered Premium Rates - Employee - Spouse - Child(ren) - Family • Estimated Four -Tiered Premium NOTES HMO/PPO Total Cost: RWL Benefits, Inc. N/A 1 year N/A N/A Rate I AmountI Rate I Amount $123.35 $168,743 $250.95 $54,205 $162.97 $222,948 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $135.68 $185,610 $276.05 $59,627 $179.27 $245,237 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A COBRA services available at an additional fee of $0.50 per employee per month $170.63 $288,704 $189.63 $320,855 Page 2 0 A CITY OF SOUTHLAKE Fully -Insured HMO Proposal Analysis GENERAL NCQA Accreditation • Managed Care Network - Includes Baylor Network? - Includes Harris Methodist Network? - Includes Cook Childrens Medical Center? - Includes Children's Medical Center? • Agent HMO SCHEDULE OF BENEFITS • Out -of -Pocket Maximum • Maximum Lifetime Benefit • Hospital Room and Board/Ancillary Services • Outpatient Surgery Physician Services Copayment Specialist Services Copayment • Preventive Care - Well -woman exam Can women self -refer for annual exam? - Routine immunizations - Well -baby services - Routine physical exams • Chemical Dependency - Inpatient - Outpatient U Mental Health and Nervous Conditions - Inpatient - Outpatient • Emergency Services • Short -Term Rehabilitation - Inpatient - Outpatient Home Health Care Hospice Services O Durable Medical Equipment O Prescription Drug Card Generic - Brand Name - Supply Harris Methodist AEtna Health Plan Full 3-year accreditation effective 10/95 Select Choice/Managed Choice II Yes Yes Yes Yes Bob Mundlin $1,000 individual/$2,000 family Unlimited $100/da ; 5 da s/contract year 50% of charges up to $100 $15/visit $15/visit $15/visit Yes No charge $15/visit $15/visit 15 month provisional accreditation effective 7/95 Harris Methodist Network Yes Yes Yes Yes Alexander & Alexander $1,500 individual/$3,000 family Unlimited $400/admission $150/visit $20/visit $20/visit $20/visit Yes (as often as needed) No charge if adm. in office $20/visit $20/visit $100/da ; 5 days/contract ear $400/admission $15/visit I I $20/visit $100/da ; 14 days/contract year $400/admission $20/visit; 20 visits/year $20/visit; 30 visits/year $50/visit; waived if admitted $50/visit $100/da ; 5 days/contract year No charge; up to 60 days/year No charge No charge No charge $400/admission $20/visit; 2 months/episode $20/visit $20Nisit home health only) $20 copayment; limited to $5,000 per calendar year $10 copayment $5 copayment Copay + difference in price $10 copayment 31 -day supply 30-day supply RWL Benefits, Inc. Page 3 A OR ON CITY OF SOUTHLAKE Fully -Insured HMO Proposal Analysis Harris Methodist AEtna Health Plan HMO SCHEDULE OF BENEFITS (contd). Mail Order Drug Maintenance Program - Generic $20 copayment $8 copayment - Brand Name $20 copayment $15 copayment - Supply 90-daysupply 90-day supply RATE GUARANTEES • Rate Guarantee • Renewal Increase Cap HMO RATES • Two -Tiered Premium Rates - Employee Only - Dependent • Estimated Two -Tiered Premium • Four -Tiered Premium Rates - Employee - Spouse - Child(ren) - Family • Estimated Four -Tiered Premium NOTES HMO/PPO Total Cost: RWL Benefits, Inc. 1 year 1 year N/A 9% cap for Year 2 Rate I AmountI Rate I Amount $117.18 $160,302 $215.81 $46,615 $151.26 $206,917 $117.18 $160,302 $146.48 $8,789 $117.18 $4,218 $253.90 $30,468 $148.96 $203,778 Quote includes $25 copayment for basic daily wear contact lens exam; HMO trend currently 3% $128.91 $176,349 . $262.24 $56,644 $170.32 $232,993 $128.91 $176,349 $188.61 $11,317 $147.38 $5, 306 $338.43 $40,612 $170.75 $233,583 No COBRA services available; commission based on agent's book of business; may add allergy serum rider for an additional 0.4%; can obtain vision rider for approx. $6,000/yr. $160.60 1 $271,7431 $176.94 1 $299,388 Page 4 CITY OF SOUTHLAKE Fully -Insured HMO Proposal Analysis PCA Health Plans Healthsource of Texas GENERAL NCQA Accreditation Managed Care Network - Includes Baylor Network? - Includes Harris Methodist Network? - Includes Cook Childrens Medical Center? - Includes Children's Medical Center? Agent HMO SCHEDULE OF BENEFITS • Out -of -Pocket Maximum • Maximum Lifetime Benefit • Hospital Room and Board/Ancillary Services • Outpatient Surgery • Physician Services Copayment • Specialist Services Copayment o Preventive Care - Well -woman exam Can women self -refer for annual exam? - Routine immunizations - Well -baby services - Routine physical exams • Chemical Dependency - Inpatient - Outpatient • Mental Health and Nervous Conditions - Inpatient - Outpatient Emergency Services Short -Term Rehabilitation - Inpatient - Outpatient • Home Health Care • Hospice Services • Durable Medical Equipment U Prescription Drug Card - Generic - Brand Name - Supply Eligible for NQCA review in 1/97 Healthsource Only Baylor at Grapevine No Yes No Bob Mundlin $1,500 individual/$3,000 family Unlimited $200/admission $15/visit $10/visit $15/visit $10/visit Yes $10/visit $10/visit $10/visit 15 month provisional accreditation effective 9/95 PCA Health Plans Network Yes No No Yes N/A UTD UTD $100/day; 5 days/contract year No charge $15/visit $15/visit $25/visit Yes $15/visit $15/visit $15/visit $200/admission $100/day; 5 days/contract year $25/visit $15/visit $200/admission 20% copayment; 30 days/year $15/visit; 20 visits/year $20/visit; 20 visits/year $50/visit; waived if admitted $60/visit; waived if admitted $200/admission $10/visit $10/visit 20% copayment $50 copayment; unlimited benefit amount $100/day; 5 days/contract year No charge; 2 months/episode No charge UTD No charge; limited to $500 per contract year $5 copayment $5 copayment $10 copayment $10 copayment 34-daysupply 34-daysupply RWL Benefits, Inc. Page 5 CITY OF SOUTHLAKE Fully -Insured HMO Proposal Analysis PCA Health Plans Healthsource of Texas HMO SCHEDULE OF BENEFITS (contd). Mail Order Drug Maintenance Program - Generic $5 co a ment Not available - Brand Name $10 copa ment Not available - Supply 90-day supply N/A RATE GUARANTEES Rate Guarantee Renewal Increase Cap HMO RATES • Two -Tiered Premium Rates - Employee Only - Dependent • Estimated Two -Tiered Premium • Four -Tiered Premium Rates - Employee - Spouse - Child(ren) - Family • Estimated Four -Tiered Premium NOTES HMO/PPO Total Cost: RWL Benefits, Inc. 1 year 1 year 8% cap for Year 2 Willing to negotiate Rate I Amount I Rate I Amount $117.89 $161,274 $218.87 $47,276 $152.45 $208,549 $117.89 $161,274 $174.52 $10,471 $118.66 $4,272 $247.20 $29,664 $150.35 $205,680 Agent's commission: 5% $122.83 $168,031 $249.83 $53,963 $162.28 $221,995 $122.83 $168,031 $214.94 $12,896 $178.10 $6,412 $377.37 $45,284 $170.05 $232,624 Used HMO Plan GR for comparison purposes; quote includes vision benefits of $20 copay per vision exam and 20% discount on materials (through Vision Service Plan) $162.09 1 $274,249 1 1 $166.90 1 $282,399 Page 6 CITY OF SOUTHLAKE Fully -Insured PPO Proposal Analysis A GENERAL 1996 A.M. Best's Rating PPO Network - Includes Baylor Network? - Includes Harris Methodist Network? - Includes Cook Childrens Medical Center? - Includes Children's Medical Center? Agent Claims Office Location PPO SCHEDULE OF BENEFITS • Calendar Year Deductible - In -Network - Out -of -Network • Hospital Admission Deductible - In -Network - Out -of -Network • Physician Services - In -Network - Out -of -Network • Non-Precertification Penalty - In -Network - Out -of -Network • Coinsurance - Hospital - Outpatient Surgery - Emergency Room Services - Other Medical Expenses • Out -of -Pocket Maximum - In -Network - Out -of -Network • Annual Maximums - Mental & Nervous Conditions (M&N) - Chemical Dependency (CD) - Durable Medical Equipment - Hospice Care • Preventive Care - Well -child care - Immunizations RWL Benefits, Inc. Mutual of Omaha - Mutual of Omaha - Current Renewal A (Excellent) Mutually Preferred Yes Yes Yes Yes N/A Woodward, OK A (Excellent) Mutually Preferred Yes Yes Yes Yes N/A Woodward, OK $300 individual/$600 family $300 individuaV$600 family $600 individuaV$1,200 family $600 individuaV$1,200 family $200 $200 $200 $200 $20 copayment $20 copayment Deductible + 30% Deductible + 30% $500 $500 $500 $500 In: 20%; Out: 30% In: 20%; Out: 30% In: 20%; Out: 30% In: 20%; Out: 30% In & Out: 20% In & Out: 20% In: 20%; Out: 30% In: 20%; Out: 30% $1,800 individuaV$3,600 family $1,800 individuaV$3,600 family $3,600 individual/$7,200 family $3,600 individuaV$7,200 family $10,000 $10,000 None None None None None None In: $20; Out: Deductible + In: $20; Out: Deductible + 30%; In & Out: $200/year 30%; In & Out: $200/year In: $20; Out: Deductible + In: $20; Out: Deductible + 30%; In & Out: $200/year 30%; In & Out: $200/year Page 1 N CITY OF SOUTHLAKE Fully -Insured PPO Proposal Analysis Mutual of Omaha - Mutual of Omaha - Current Renewal 11 PPO SCHEDULE OF BENEFITS (contd.) Preventive Care (contd.) - Routine Physical Exams In: $20: Out: Deductible + In: $20; Out: Deductible + 30%; In & Out: $200/year 30%; In & Out: $200/year - Well -woman Exams In: $20; Out: Deductible + In: $20: Out: Deductible + 30%; In & Out: $200/year 30%; In & Out: $200/year Lifetime Maximums - Maximum Lifetime Benefit - Maximum Lifetime Benefit M&N - Maximum Lifetime Benefit CD - Maximum Lifetime Benefit Hospice Care • Drug Card Copayment - In -Network - Out -of -Network - Supply • Mail Order Maintenance Program Copay - Generic - Brand Name - Supply RATE GUARANTEE • Rate Guarantee • Renewal Increase Cap PPO RATES o Two -Tiered Premium Rates - Employee - Dependent Estimated Two -Tiered Premium • Four -Tiered Premium Rates - Employee - Spouse - Child(ren) - Family • Estimated Four -Tiered Premium NOTES HMO/PPO Total Cost: RWL Benefits, Inc. $1, 000,000 $1, 000,000 $30,000 $30,000 None None $10,000 $10,000 $12 copayment $12 copayment $12 copayment $12 copayment 30-day supply 30-day supply $8 copayment _ $8 copayment $15 copayment $15 copayment More than a 30-day supply More than a 30-day supply N/A 1 year N/A d I N/A Rate I Amount Rate I Amount $170.09 $55.109 $295.74 $10,647 $202.95 $65,756 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $195.60 $63,374 $340.10 $12,244 $233.39 $75,618 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A COBRA services available at an additional fee of $0.50 per employee per month; did not provide pooling level $170.63 $288,704 �$189.63 $320,855 -1 Page 2 A CITY OF SOUTHLAKE Fully -Insured PPO Proposal Analysis GENERAL 1996 A.M. Best's Rating PPO Network - Includes Baylor Network? - Includes Harris Methodist Network? - Includes Cook Childrens Medical Center? - Includes Children's Medical Center? Agent Claims Office Location PPO SCHEDULE OF BENEFITS • Calendar Year Deductible - In -Network - Out -of -Network • Hospital Admission Deductible - In -Network - Out -of -Network • Physician Services - In -Network - Out -of -Network • Non-Precertification Penalty - In -Network - Out -of -Network • Coinsurance - Hospital - Outpatient Surgery - Emergency Room Services - Other Medical Expenses • Out -of -Pocket Maximum - In -Network - Out -of -Network • Annual Maximums - Mental & Nervous Conditions (M&N) - Chemical Dependency (CD) - Durable Medical Equipment - Hospice Care • Preventive Care - Well -child care - Immunizations RWL Benefits, Inc. AEtna A (Excellent) AHP Open Choice Network Yes Yes Yes Yes Bob Mundlin Tyler, TX Harris Methodist Health Plan Not rated Harris Methodist Network Yes Yes Yes Yes Alexander & Alexander Arlington, TX $250 individuaU$750 family 250 individual/$500 family h$$ $250 individuaV$750 family 00 individuaV$1.000 family None None $500 None $15 copayment $20 copayment Deductible + 30% Deductible + 30% $400 Benefits reduced by 50% $400 Benefits reduced by 50% In: 20%; Out: 30% In: 20%; Out: 30% In: 20%; Out: 30% In: 20%; Out: 30% In: 20%; Out: 50% In: 20%; Out: 50% $50/visit; waived if admitted In: 20%; Out: 50% $1,000 individuaV$2,000 family $2,000 individuaV$4,000 family $2,000 individuaV$4,000 family 1 $4,000 individuaV$8,000 family Outpatient, Out -of -Network: $1 K None UTD UTD None None $3,500 60 visits/year In: $15; Out: Deductible + In: $20; Out: Deductible + 30% 30%; In & Out: $300/2 years In: $15; Out: Deductible + In: $20; Out: Deductible + 30% 30%; In & Out: $300/2 years Page 3 CITY OF SOUTHLAKE Fully -Insured PPO Proposal Analysis Harris Methodist AEtna Health Plan PPO SCHEDULE OF BENEFITS (contd.) Preventive Care (contd.) - Routine Physical Exams In: $15; Out: Deductible + In: $20; Out: Deductible + 30% 30%; In 8 Out: $300/2 years - Well -woman Exams In: $15; Out: Deductible + In: $20; Out: Deductible + 30% 30%; In 8 Out: $300/2 years Lifetime Maximums - Maximum Lifetime Benefit - Maximum Lifetime Benefit M&N - Maximum Lifetime Benefit CD - Maximum Lifetime Benefit Hospice Care Drug Card Copayment - In -Network - Out -of -Network - Supply Mail Order Maintenance Program Copay - Generic - Brand Name - Supply RATE GUARANTEE • Rate Guarantee • Renewal Increase Cap PPO RATES • Two -Tiered Premium Rates - Employee - Dependent • Estimated Two -Tiered Premium Four -Tiered Premium Rates - Employee - Spouse - Child(ren) - Family o Estimated Four -Tiered Premium NOTES HMO/PPO Total Cost: RWL Benefits, Inc. Unlimited $15, 000 3 courses of treatment/individual UTD Unlimited $25,000 None None $10 generic/copay + diff in price $100 ded + $5 generic/$10 brand UTD $100 ded. + 30% coinsurance 31-day supply 30-day supply $20 copayment $100 ded. + $8 copayment $20 copayment $100 ded. + $15 copayment 90-day supply 90-day supply 1 year 1 year N/A 15% cap for Year 2 Rate I Amou I Rate I Amount $166.09 $53,813 $305.90 $11,012 $200.08 $64,826 $166.09 $53,813 $207.62 $2,491 $166.09 $0 $359.88 $8,637 $200.44 $64,942 Agents commission: 3.5%; No COBRA services available; Aetna uses a $25,000 pooling level for groups of this size $167.14 $54,153 $340.05 $12,242 $204.92 $66,395 $167.14 $54,153 $236.57 $2,839 $184.14 $0 $427.06 $10,249 $207.54 $67,242 No pooling level assumed; No COBRA services available; commission based on agents book of business $160.60 $271,743 $176.94 $299,388 71 Page 4 CITY OF SOUTHLAKE Fully -Insured PPO Proposal Analysis NJ R 31 GENERAL 1996 A.M. Best's Rating PPO Network - Includes Baylor Network? - Includes Harris Methodist Network? - Includes Cook Childrens Medical Center? - Includes Children's Medical Center? Agent Claims Office Location PPO SCHEDULE OF BENEFITS • Calendar Year Deductible - In -Network - Out -of -Network • Hospital Admission Deductible - In -Network - Out -of -Network • Physician Services - In -Network - Out -of -Network • Non-Precertification Penalty - In -Network - Out -of -Network • Coinsurance -. Hospital - Outpatient Surgery - Emergency Room Services - Other Medical Expenses • Out -of -Pocket Maximum - In -Network - Out -of -Network • Annual Maximums - Mental & Nervous Conditions (M&N) - Chemical Dependency (CD) - Durable Medical Equipment - Hospice Care • Preventive Care - Well -child care - Immunizations RWL Benefits, Inc. Healthsource Provident Life and Accident Humana A (Excellent) Provident Preferred Network Yes No No Yes Bob Mundlin Chattanooga, TN A - Humana PPO Network Yes No No Yes N/A San Antonio, TX $300 individuaV$900 family $200 individuaV$600 family N/A $400 individuaV$1,200 family $200 None N/A $500 $20 copayment $15 copayment N/A Deductible + 30% UTD Benefits reduced by 50% N/A Benefits reduced by 50% 20% 20% 20% 20% In: 10%; Out: 30% In: 10%; Out: 30% In: $50 copay; Out: 30% In: 10% or 20%; Out: 30% or 40% $2,500 ind'NiduaV$5,000 family $1,000 individuaV$3,000 family N/A $2,000 individual/$4,000 family $5,000 UTD None UTD None UTD None UTD $20 copayment UTD $20 copayment UTD Page 5 A IR CITY OF SOUTHLAKE Fully -Insured PPO Proposal Analysis Healthsource Provident Life and Accident 11 Humana PPO SCHEDULE OF BENEFITS (contd.) o Preventive Care (contd.) - Routine Physical Exams $20 copayment UTD - Well -woman Exams $20 copayment UTD • Lifetime Maximums - Maximum Lifetime Benefit - Maximum Lifetime Benefit M&N - Maximum Lifetime Benefit CD - Maximum Lifetime Benefit Hospice Care • Drug Card Copayment - In -Network - Out -of -Network - Supply • Mail Order Maintenance Program Copay - Generic - Brand Name - Supply RATE GUARANTEE • Rate Guarantee • Renewal Increase Cap PPO RATES • Two -Tiered Premium Rates - Employee - Dependent • Estimated Two -Tiered Premium • Four -Tiered Premium Rates - Employee - Spouse - Child(ren) - Family • Estimated Four -Tiered Premium NOTES HMO/PPO Total Cost: RWL Benefits, Inc. $1,000,000 Unlimited $25,000 UTD Unlimited UTD UTD UTD $5 generic/$10 brand name $7 copayment UTD $11 copay + difference in price UTD 30-day supply Not available Not available Not available Not available N/A N/A 1 year _ 1 year N/A N/A Rate I Arno I Rate i Amount $170.00 $55,080 $295.00 $10,620 $202.78 $65,700 $170.00 $55,080 $229.42 $2,753 $139.69 $0 $295.00 $7,080 $200.35 $64,913 COBRA administration fees are $150/month per policyholder operation, $5.50 set-up charge for each new continuee and $8.50 maintenance fee; did not provide pooling level $145.85 $47,255 $262.56 $9,452 $175.02 $56,708 $145.85 $47,255 $145.85 $1,750 $131.26 $0 $320.86 $7,701 $175.02 $56,706 Used PPO Plan 11, Option 121 for comparison purposes; Humana uses a $50,000 pooling level for groups of this size $162.09 $274,249 $184.95 $312,943 Page 6 CITY OF SOUTHLAKE Fully -Insured PPO Proposal Analysis X_� GENERAL 1996 A.M. Best's Rating PPO Network - Includes Baylor Network? - Includes Harris Methodist Network? - Includes Cook Childrens Medical Center? - Includes Children's Medical Center? Agent Claims Office Location PPO SCHEDULE OF BENEFITS • Calendar Year Deductible - In -Network - Out -of -Network • Hospital Admission Deductible - In -Network - Out -of -Network • Physician Services - In -Network - Out -of -Network • Non-Precertification Penalty - In -Network - Out -of -Network • Coinsurance - Hospital - Outpatient Surgery - Emergency Room Services - Other Medical Expenses • Out -of -Pocket Maximum - In -Network - Out -of -Network • Annual Maximums - Mental & Nervous Conditions (M&N) - Chemical Dependency (CD) - Durable Medical Equipment - Hospice Care • Preventive Care - Well -child care - Immunizations RWL Benefits, Inc. PCA Health Plans Texas Municipal of Texasji I League A- (Excellent) The Affordable Medical Network Yes No No Yes N/A FL Not rated TML Network Yes No Yes Yes N/A Austin, TX $250 individuaV$750 family $300 individuaV$600 family $500 individuaV$1,500 family $500individuaU$1,000family None None None None $15 copayment $15 copayment Deductible + 30% Deductible + 35% Not specified UTD Not specified UTD In: 10%; Out: 30% In: 10%; Out: 30% In & Out: 10% In: 10%; Out: 30% In: 15%; Out: 35% In: 15%; Out: 35% $50 ded. + In: 15% or Out: 35% In & Out: 20% $1,000 individuaV$2,000 family $1,500 individuaV$3,000 family $3,000 individuaV$6,000 family I I None 30 in/out-of-network days/cal yr None $500 $7,500 $2,500 outpatient M&N/CD comb $2,500 outpatient M&N/CD comb None None In: $15; Out: Deductible + In & Out: No charge, up to 30%; In & Out: $400/year $200/year In: $15; Out: Deductible + In & Out: No charge, up to 30%; In & Out: $400/year $200/year Page 7 CITY OF SOUTHLAKE Fully -Insured PPO Proposal Analysis PCA Health Plans Texas Municipal of Texas League PPO SCHEDULE OF BENEFITS (contd.) Preventive Care (contd.) - Routine Physical Exams In: $15: Out: Deductible + In & Out: No charge, up to 30%; In & Out: $200/year $200/year - Well -woman Exams In: $15: Out: Deductible + 30% In & Out: No charge, up to $200/year Lifetime Maximums - Maximum Lifetime Benefit - Maximum Lifetime Benefit M&N - Maximum Lifetime Benefit CD - Maximum Lifetime Benefit Hospice Care • Drug Card Copayment - In -Network - Out -of -Network - Supply • Mail Order Maintenance Program Copay - Generic - Brand Name - Supply RATE GUARANTEE • Rate Guarantee • Renewal Increase Cap PPO RATES • Two -Tiered Premium Rates - Employee - Dependent • Estimated Two -Tiered Premium • Four -Tiered Premium Rates - Employee - Spouse - Child(ren) - Family • Estimated Four -Tiered Premium NOTES HMO/PPO Total Cost: RWL Benefits, Inc. $1, 000, 000 $25,000 None None $1,000,000 $25,000 M&N/CD combined $25,000 M&N/CD combined $25,000 $5 generic/$10 brand name $5 generic; $10 brand name 30% Copay + difference in price 34-day supply 34-day supply Not available $7 copayment Not available $20 copayment N/A 90-day supply 1 year 1 year Willing to negotiate I N/A Rate Amount I Rate I Amount $153.84 $49.844 $293.35 _ $10,561 $186.43 $60,405 $153.84 $49,844 $252.39 $3,029 $209.12 $0 $443.11 $10,635 $196.01 $63,507 Used PPO Plan 2 for comparison purposes; Plan 3 provided coinsurance levels of 80% and 60%; no pooling level assumed $173.44 $56,195 $260.16 $9,366 $202.35 $65,560 $173.44 $56,195 $232.16 $2,786 $131.56 $0 $268.84 $6,452 $201.95 $65,433 Used Plan P8565-30-15 (A) for comparison purposes; Plan P86-30-15 (A) provided coins. levels of 80% and 60%; out -of - network area coins. is 80%; assumed pooling level of $35K $166.90 $282,399 $212.19 $359,021 Page 8 CITY OF SOUTHLAKE Fully -Insured PPO Proposal Analysis IR OR GENERAL 1996 A.M. Best's Rating PPO Network - Includes Baylor Network? - Includes Harris Methodist Network? - Includes Cook Childrens Medical Center? - Includes Children's Medical Center? Agent Claims Office Location PPO SCHEDULE OF BENEFITS • Calendar Year Deductible - In -Network - Out -of -Network • Hospital Admission Deductible - In -Network - Out -of -Network • Physician Services - In -Network - Out -of -Network • Non-Precertification Penalty - In -Network - Out -of -Network • Coinsurance - Hospital - Outpatient Surgery - Emergency Room Services - Other Medical Expenses • Out -of -Pocket Maximum - In -Network - Out -of -Network • Annual Maximums - Mental & Nervous Conditions (M&N) - Chemical Dependency (CD) - Durable Medical Equipment - Hospice Care • Preventive Care - Well -child care RWL Benefits, Inc. - Immunizations UniCare A- (Excellent) UniCare Yes No No Yes American Insurance Resource Woodland Hills, CA None $250 individuaV$750 family None $500 $10 copayment Deductible + 30% None $500 In: 10%; Out: 30% In: 10%; Out: 30% $100 ded. + In: 10% or Out: 30% In: 10%; Out: 30% $1,000 individual $3,000 individual $5,000 None $1,000 $2,000 In: $10; Out: Deductible + 30%; In & Out: $200/year In: $10; Out: Deductible + 30%; In & Out: $200/year Page 9 CITY OF SOUTHLAKE Fully -Insured PPO Proposal Analysis PPO SCHEDULE OF BENEFITS (contd.) Preventive Care (contd.) - Routine Physical Exams - Well -woman Exams • Lifetime Maximums - Maximum Lifetime Benefit - Maximum Lifetime Benefit M&N - Maximum Lifetime Benefit CD - Maximum Lifetime Benefit Hospice Care • Drug Card Copayment - In -Network - Out -of -Network - Supply • Mail Order Maintenance Program Copay - Generic - Brand Name - Supply RATE GUARANTEE • Rate Guarantee • Renewal Increase Cap PPO RATES • Two -Tiered Premium Rates - Employee - Dependent • Estimated Two -Tiered Premium • Four -Tiered Premium Rates - Employee - Spouse - Child(ren) - Family • Estimated Four -Tiered Premium 1►Ce11111*1 HMO/PPO Total Cost: RWL Benefits, Inc. UniCare In: $10: Out: Deductible + 30%; In & Out: $200/year In: $10: Out: Deductible + 30%; In & Out: $200/year $2,000,000 None 3 courses of treatment/individual None $5 generic; $10 brand name Copay + difference in price 30-day supply $5 copayment $5 copayment 60-day supply 1 year N/A Rate I Amount $131.13 $42,486 $255.05 $9,182 $159.47 $51,668 N/A N/A N/A N/A N/A N/A N/A N/A N/A NIA All preventive benefits are subject to the $200/individuaVyr maximum; agents commission: 5%; assumes no large ongoing claims or disableds; no COBRA services avail.; no pooling level $169.12 1 $286,145 Page 10 99/13/96 09107 a 214 997 9199 RYL t AS50CIATES P.e2 CITY OF SOUTHLAKE Fully -Insured Dental Proposal Analysis GENERAL • 19W A.M. Besfs Rating • Agent • Claims Office Location DENTAL SCHEDULE OF BENEFITS • Calendar Year Deductible - Deductible waived for preventive? - Separate deductible for orthodontia? • Annual Maximum • Coinsurance - Preventive - Basic - Major Orthodontia Benefits - Coinsurance - Children cowed to what age? - Are adults covered? - Maximum Lifetime Benefit RATE GUARANTEES Rate Guarantee Renewal Increase Cap DENTAL RATES Two -Tiered Premium Rates - Employes Only - Dependent Estimated Two -Tiered Premium • Four -Tiered Premium Rates - Employee - Spouse - Child(ran) - Family • Estimated Four -Tiered Premium NOTES Mutual of Omaha - Mutual of Omaha - Current Renewal A Excellent A Excellent WA WA Woodward, OK Woodward, OK S individua 160 family Yes No S 1 000 $60 individuaUS160 family Yes No $1.000 10096 100% W% 80% 50% 60% 60% 60% 18 18 No No $1 00o $1,000 WA 1 ear _ WA WA Rats I Amount Rate I Amount $18.87 $31 590 $31.79 WAN $26.66 $43,416 WA WA WA WA WA WA WA WA WA WA WA t 1 RWL Benefits, Inc. $16-671 $31 690 $31.791 S11.828 SM.66 1 $0,416 WA WA WA WA WA WA WA WA WA WA COBRA services available at an additional fee of $0.60 per employee per month 1 f X CITY OF SOUTHLAKE Fully -Insured Dental Proposal Analysis GENERAL 1996 A.M. Best's Rating Agent Claims Office Location DENTAL SCHEDULE OF BENEFITS Calendar Year Deductible - Deductible waived for preventive? - Separate deductible for orthodontia? • Annual Maximum • Coinsurance - Preventive - Basic - Major • Orthodontia Benefits - Coinsurance - Children covered to what age? - Are adults covered? - Maximum Lifetime Benefit RATE GUARANTEES • Rate Guarantee • Renewal Increase Cap DENTAL RATES Two -Tiered Premium Rates - Employee Only - Dependent Estimated Two -Tiered Premium • Four -Tiered Premium Rates - Employee - Spouse - Child(ren) - Family • Estimated Four -Tiered Premium NOTES RWL Benefits, Inc. Business Men's Assurance I E Delta Dental A (Excellent) A- (Excellent) Alexander & Alexander N/A Kansas City, MO Alpharetta, GA $50 individual/$150 family Yes No $1,000 $50 individual/$150 family Yes No $1,000 100% 100% 80% 80% 50% 50% 50% 50% 19 UTD No No $1,000 $1,000 1 year 2 years N/A N/A Rate I Amount I I Rate I Amount $22.14 $37,461 $37.70 $14,024 $30.43 $51,485 $22.14 $37,727 $25.63 $2,768 $26.88 $2,258 $52.51 $10,082 $31.23 1 $52,834 Agent's commission: graded 10%; orthodontia services have a 12 month waiting period $16.39 $27,732 $27.89 $10,375 $22.52 $38,107 $16.39 $27,929 $18.99 $2,051 $14.30 $1,201 $37.47 $7,194 $22.68 1 $38,375 Provided a quote for a managed dental program also; 50% minimum dependent participation required Page 2 A CITY OF SOUTHLAKE Fully -Insured Dental Proposal Analysis GENERAL 1996 A.M. Best's Rating Agent Claims Office Location DENTAL SCHEDULE OF BENEFITS • Calendar Year Deductible - Deductible waived for preventive? - Separate deductible for orthodontia? • Annual Maximum • Coinsurance - Preventive - Basic - Major • Orthodontia Benefits - Coinsurance - Children covered to what age? - Are adults covered? - Maximum Lifetime Benefit RATE GUARANTEES • Rate Guarantee • Renewal Increase Cap DENTAL RATES • Two -Tiered Premium Rates - Employee Only - Dependent • Estimated Two -Tiered Premium U Four -Tiered Premium Rates - Employee - Spouse - Child(ren) - Family U Estimated Four -Tiered Premium NOTES RWL Benefits, Inc. Fortis Benefits 71 The Guardian Life Insurance Company A (Excellent) A++ (Superior) Bob Mundlin Bob Mundlin Kansas City, MO Spokane, WA $50 individual/$150 family Yes No $1,000 $50 individual/$150 family Yes No $1,000 100% 100% 80% 80% 50% 50% 50% 21 No $1,000 50% 19 No $1,000 1 year::::] 1 year N/A Prov. rates for 2 yr. guarantee Rate I Amount I Rate I Amount $17.99 . $30,439 $31.79 $11,826 $24.98 $42,265 $17.52 $29,854 $18.38 $1,985 $24.45 $2,054 $42.83 $8,223 $24.89 $42,116 Agent's commission: 6.8%; rates assume 100% employee participation and 75% dependent participation $17.84 $30,185 $31.77 $11,818 $24.82 $42,004 $17.84 $30.399 $17.94 $1,938 $20.02 $1,682 $37.95 $7,286 $24.41 $41,305 Quote is contingent on 75% of eligible employees participat- ing and 75% dependent participation covering deps. not covered elsewhere; agent's commission: graded scale Page 3 X CITY OF SOUTHLAKE Fully -Insured Dental Proposal Analysis GENERAL 1996 A.M. Best's Rating Agent Claims Office Location DENTAL SCHEDULE OF BENEFITS Calendar Year Deductible - Deductible waived for preventive? - Separate deductible for orthodontia? • Annual Maximum • Coinsurance - Preventive - Basic - Major • Orthodontia Benefits - Coinsurance - Children covered to what age? - Are adults covered? - Maximum Lifetime Benefit RATE GUARANTEES o Rate Guarantee • Renewal Increase Cap DENTAL RATES • Two -Tiered Premium Rates - Employee Only - Dependent • Estimated Two -Tiered Premium • Four -Tiered Premium Rates - Employee - Spouse - Child(ren) - Family • Estimated Four -Tiered Premium NOTES RWL Benefits, Inc. Standard Insurance Texas Municipal Company League A (Excellent) Not rated N/A N/A Portland, OR Austin, TX $50 individual/$150 family Yes No $1,000 $50 individual Yes Yes $1,500 100% 100% 80% 80% 50% 50% 50% 50% 19 19 No No $1,000 $1,500 1 year 1 year N/A N/A Rate I Amount I r-Rate I Amount $14.48 $24,500 $36.42 $13,548 $22.49 $38,048 $14.48 $24,674 $15.74 $1,700 $23.04 $1,935 $38.76 $7,442 $21.13 $35,751 75% minimum dependent enrollment is required $16.00 $27.072 $24.08 $8,958 $21.29 $36,030 $16.00 $27,264 $17.58 $1,899 $19.20 $1,613 $27.98 $5,372 $21.36 1 $36,148 None e4 31 CITY OF SOUTHLAKE Fully -Insured Dental Proposal Analysis GENERAL 1996 A.M. Best's Rating Agent Claims Office Location DENTAL SCHEDULE OF BENEFITS • Calendar Year Deductible - Deductible waived for preventive? - Separate deductible for orthodontia? • Annual Maximum • Coinsurance - Preventive - Basic - Major • Orthodontia Benefits - Coinsurance - Children covered to what age? - Are adults covered? - Maximum Lifetime Benefit RATE GUARANTEES • Rate Guarantee • Renewal Increase Cap DENTAL RATES • Two -Tiered Premium Rates - Employee Only - Dependent • Estimated Two -Tiered Premium • Four -Tiered Premium Rates - Employee - Spouse - Child(ren) - Family • Estimated Four -Tiered Premium NOTES RWL Benefits, Inc. United Denta=l US Life Not rated (scheduled) A+ (Superior) Bob Mundlin American Insurance Resource Columbus, OH Reading, PA $50 individual/$150 family Yes No $1,000 $50 individual/$150 family Yes Yes; $50 lifetime deductible $1,000 100% 100% 80% 80% 50% 50% 50% 50% 19 19 No No $1,000 $1,000 1 year F1 year Prov. rates for 2 yr. uarantee N/A Rate I Amount Rate I Amount $19.08 $32,283 $35.82 $13,325 $26.96 $45,608 $19.08 $32,512 $17.27 $1,865 $24.47 $2,055 $40.66 $7,807 $26.15 $44,240 Provided a quote for a managed dental program also, have proposed a dual option program (the indemnity plan can NOT be offered on a stand-alone basis N/A N/A N/A N/A N/A N/A $15.15 $25,816 $15.15 $1,636 $21.81 $1,832 $36.96 $7,096 $21.50 $36,380 There are no waiting periods for any benefits 11 CITY OF SOUTHLAKE Basic Group Life/Accidental Death and Dismemberment Insurance Proposal Analysis A EMPLOYEE LIFE/AD&D INSURANCE • Insurance Company • 1996 A.M. Best's Rating • Claims Office Location • Accelerated Death Benefit • Waiver of Premium Agent Rate Guarantee EMPLOYEE LIFE/AD&D COSTS Current Plan (1x salary up to $50,000) • Life Rate/$1,000 • AD&D Rate/$1,000 Total Current Employee Life/AD&D Costs Alternate Plan (2x salary, no maximum) o Life Rate/$1, 000 AD&D Rate/$1,000 otal Alternate Employee Life/AD&D Costs SUPPLEMENTAL LIFE/AD&D INSURANCE o Schedule of Benefits - Employee - Employee Guaranteed Issue Amount - Spouse - Spouse Guaranteed Issue Amount - Child(ren) - Child(ren) Guaranteed Issue Amount • Employee Rate/$1,000 • Dependent Life Rate/Unit NOTES RWL Benefits, Inc. Mutual of Omaha - Mutual of Omaha - Current Renewal Mutual of Omaha A (Excellent) Omaha, NE No Yes N/A N/A Mutual of Omaha A (Excellent) Omaha, NE No Yes N/A 1 year Rate I Amount Rate I Amount $0.200 $10,750 $0.050 $2,687 $0.250 $13,437 N/A N/A N/A N/A N/A N/A N/A 01Ud N/A $0.200 $10, 750 $0.050 $2,687 $0.250 $13.437 N/A N/A N/A N/A N/A N/A $10K increments up to greater of $250K or 7x salary $50, 000 50% of employee benefit up to $50K; minimum of $5K $25, 000 $2K increments up to $10K All amounts N/A Age -banded N/A $0.670 N/A None Page 1 CITY OF SOUTHLAKE Basic Group Life/Accidental Death and Dismemberment Insurance Proposal Analysis EMPLOYEE LIFE/AD&D INSURANCE • Insurance Company • 1996 A.M. Best's Rating • Claims Office Location • Accelerated Death Benefit • Waiver of Premium Agent Rate Guarantee EMPLOYEE LIFE/AD&D COSTS Current Plan (1x salary up to $50,000) • Life Rate/$1,000 • AD&D Rate/$1,000 Total Current Employee Life/AD&D Costs Alternate Plan (2x salary, no maximum) 1(lliiiw. Life Rate/$1,000 AD&D Rate/$1,000 Total Alternate Employee Life/AD&D Costs SUPPLEMENTAL LIFE/AD&D INSURANCE o Schedule of Benefits - Employee - Employee Guaranteed Issue Amount - Spouse - Spouse Guaranteed Issue Amount - Child(ren) - Child(ren) Guaranteed Issue Amount • Employee Rate/$1,000 • Dependent Life Rate/Unit NOTES ON RWL Benefits, Inc. AIG Life Insurance Company ] I Boston Mutual AIG Life Insurance A+ (Superior) Wilmington, DE No Yes N/A N Boston Mutual A- (Excellent) Boston, MA Yes Yes Jerry Jensen 2 years Rate I Amount Rate I Amount $0.144 $7,740 $0.036 $1,935 $0.180 $9,675 $0.144 $15,918 $0.036 $3,980 $0.180 $19,898 $10K increments up to 3x salary UTD Increments of $10K up to 50% of the employee's benefit UTD Increments of $2.5K up to less- or of $20K or 50% of ee's ben UTD $0.170 $9,137 $0.060 $3,225 $0.230 $12;362 $0.160 $17,687 $0.060 $6,633 $0.220 $24,320 $10K increments up to $50K None (all amounts req. EOI) $5, 000 $5, 000 14 days to 6 mos.: $200 6 mos. to 19 years: $2,000 All amounts Age -banded Age -banded Spouse: Age -banded; $1.750 Child(ren): $0.50/unit None Actively -at -work will NOT be waived; agent commission graded 20%; 2x salary quote limit of $100K maximum without evidence of insurability EOI) Page 2 CITY OF SOUTHLAKE Basic Group Life/Accidental Death and Dismemberment Insurance Proposal Analysis EMPLOYEE LIFE/AD&D INSURANCE Insurance Company 1996 A.M. Best's Rating Claims Office Location Accelerated Death Benefit Waiver of Premium Agent Rate Guarantee EMPLOYEE LIFE/AD&D COSTS Current Plan (1x salary up to $50,000) • Life Rate/$1,000 • AD&D Rate/$1,000 Total Current Employee Life/AD&D Costs Alternate Plan (2x salary, no maximum) Life Rate/$1,000 (WO, AD&D Rate/$1,000 Total Alternate Employee Life/AD&D Costs SUPPLEMENTAL LIFE/AD&D INSURANCE Schedule of Benefits - Employee - Employee Guaranteed Issue Amount - Spouse - Spouse Guaranteed Issue Amount - Child(ren) - Child(ren) Guaranteed Issue Amount • Employee Rate/$1,000 • Dependent Life Rate/Unit NOTES RWL Benefits, Inc. Business Men's Assurance I Canada Life Assurance Business Men's Assurance A (Excellent) Kansas City, MO Yes Yes Alexander & Alexander 2 years Canada Life Assurance A++ (Superior) Atlanta, GA Yes Yes Alexander & Alexander 2 years Rate I AmountI Rate I Amount $0.170 $9,137 $0.040 $2,150 $0.210 $11,287 $0.170 $18,792 $0.040 $4,422 $0.210 $23,214 $10K increments up to lessor of $500K or 5x salary $100, 000 $10, 000 $10, 000 Included in spouse benefit N/A $0.190 $10,212 $0.050 $2,687 $0.240 $12,900 $0.180 $19,898 $0.050 $5,527 $0.230 $25-425 $10K increments up to lessor of $500K or 5x salary $50, 000 50% of the employee's benefit $25, 000 $2.5K increments up to $10K All amounts Age -banded Age -banded Age -banded based on Spouse: Age -banded; em to ee's a e Child(ren): $0.20/unit Actively -at -work will NOT be waived: agent commission graded 10%; suppl. dependent life is a flat benefit of $10K for all dependents Actively -at -work is waived if currently under a waiver of premium contract; suppl. quote assumes a minimum participation of 20 lives or 20% and includes portability Page 3 CITY OF SOUTHLAKE Basic Group Life/Accidental Death and Dismemberment Insurance Proposal Analysis EMPLOYEE LIFE/AD&D INSURANCE Insurance Company 1996 A.M. Best's Rating U Claims Office Location Accelerated Death Benefit Waiver of Premium Agent Rate Guarantee EMPLOYEE LIFE/AD&D COSTS Current Plan (1x salary up to $50,000) • Life Rate/$1,000 • AD&D Rate/$1,000 Total Current Employee Life/AD&D Costs Alternate Plan (2x salary, no maximum) (4M10,0- Life Rate/$1,000 AD&D Rate/$1,000 Total Alternate Employee Life/AD&D Costs SUPPLEMENTAL LIFE/AD&D INSURANCE Schedule of Benefits - Employee - Employee Guaranteed Issue Amount - Spouse - Spouse Guaranteed Issue Amount - Child(ren) - Child(ren) Guaranteed Issue Amount • Employee Rate/$1,000 • Dependent Life Rate/Unit NOTES 24 RWL Benefits, Inc. Principal Financial Fortis Benefits I Group Fortis Benefits Insurance A (Excellent) Kansas City, MO Yes Yes Bob Mundlin 2 years Principal Mutual Life A+ (Superior) Des Moines, IA Yes Yes Dan Hunter 2 years Rate I AmountI Rate I Amount $0.180 $9,675 $0.050 $2,687 $0.230 $12,362 $0.170 $18,792 $0.040 $4,422 $0.210 $23,214 N/A N/A N/A N/A N/A N/A $0.210 $11,287 $0.025 $1,344 $0.235 $12,631 $0.230 $25,425 $0.025 $2,764 $0.255 $28,189 2x annual salary; minimum of $15K; maximum of $150K None (all amounts req. EOI) N/A N/A N/A N/A N/A Age -ban ded N/A N/A 2x salary quote has a maximum benefit of $200K Actively -at -work will NOT be waived; agent's commission: approximately 10.8%; suppl. insurance requires 25% participation; EOI waived for up to $50K if 50% participation Page 4 CITY OF SOUTHLAKE Basic Group Life/Accidental Death and Dismemberment Insurance Proposal Analysis EMPLOYEE LIFE/AD&D INSURANCE Insurance Company U 1996 A.M. Best's Rating Claims Office Location Accelerated Death Benefit Waiver of Premium Agent Rate Guarantee EMPLOYEE LIFE/AD&D COSTS Current Plan (1x salary up to $50,000) • Life Rate/$1,000 • AD&D Rate/$1,000 Total Current Employee Life/AD&D Costs Alternate Plan (2x salary, no maximum) Life Rate/$1,000 (W. AD&D Rate/$1,000 Total Alternate Employee Life/AD&D Costs SUPPLEMENTAL LIFE/AD&D INSURANCE Schedule of Benefits - Employee - Employee Guaranteed Issue Amount - Spouse - Spouse Guaranteed Issue Amount - Child(ren) - Child(ren) Guaranteed Issue Amount • Employee Rate/$1,000 • Dependent Life Rate/Unit NOTES (am., RWL Benefits, Inc. Royal Maccabees Standard Insurance Royal Maccabees B++ (Very Good) Southfield, MI Yes Yes American Stop Loss 2 years Standard Insurance A (Excellent) Portland, OR Yes Yes N/A 2 years Rate I AmountI Rate I Amount $0.160 $8,600 $0.030 $1,612 $0.190 $10,212 $0.150 $16,582 $0.030 $3,316 $0.180 $19,898 $5K increments from $10K up to of $250K $50, 000 Increments of $5K up to 50% of the employee's benefit $25, 000 Birth to 6 mos.: $500 6 mos. to 19 years: $5,000 All amounts $0.150 $8,062 $0.050 $2,687 $0.200 $10.750 $0.160 $17,687 $0.050 $5,527 $0.210 $23.214 N/A N/A N/A N/A N/A N/A Age -banded N/A Spouse: Age -banded; N/A Child(ren): $0.95/unit Actively -at -work will NOT be waived; agent's commission: 10%; 2x salary quote has a maximum benefit of $100K Life/AD&D premiums do NOT include commissions; actively - at -work provision is NOT waived; 2x salary benefit is guaranteed issue up to $300K Page 5 31 CITY OF SOUTHLAKE Basic Group Life/Accidental Death and Dismemberment Insurance Proposal Analysis EMPLOYEE LIFE/AD&D INSURANCE Insurance Company 1996 A.M. Best's Rating Claims Office Location Accelerated Death Benefit Waiver of Premium Agent Rate Guarantee EMPLOYEE LIFE/AD&D COSTS Current Plan (1x salary up to $50,000) • Life Rate/$1,000 • AD&D Rate/$1,000 Total Current Employee Life/AD&D Costs Alternate Plan (2x salary, no maximum) o Life Rate/$1,000 AD&D Rate/$1,000 Total Alternate Employee Life/AD&D Costs SUPPLEMENTAL LIFE/AD&D INSURANCE Schedule of Benefits - Employee - Employee Guaranteed Issue Amount - Spouse - Spouse Guaranteed Issue Amount - Child(ren) - Child(ren) Guaranteed Issue Amount • Employee Rate/$1,000 • Dependent Life Rate/Unit NOTES RWL Benefits, Inc. Texas Municipal League 1 Trans -General Provident Life & Accident A (Excellent) Chattanoo a, TN No Yes N/A 1 year Trans -General A (Excellent) UTD Yes Yes American Insurance Resource 2 years Rate I AmountI Rate I Amount $0.200 $10,750 $0.045 $2,419 $0.245 $13.168 $0.200 $22,109 $0.045 $4,974 $0.245 $27,083 Mirrors basic life benefit UTD $5K or $1 OK UTD $2K or $5K UTD $0.170 $9,137 $0.050 $2,687 $0.220 $11.825 $0.180 $19,898 $0.050 $5,527 $0.230 $25.425 N/A N/A N/A N/A N/A N/A Age -banded N/A Age -banded N/A Life/AD&D premiums do NOT include commissions; actively - at -work provision is NOT waived; 2x salary benefit has a maximum benefit of $200K; max. opt. life is $100K Final rates will be determined based on actual enrollment; actively -at -work provision will NOT be waived; limit of $100K maximum without evidence of insurability (EOI) Page 6 im 0 GENERAL 1996 A.M. Best's Rating Agent Claims Office Location VISION SCHEDULE OF BENEFITS Annual Eye Exam • Frames - Time Frame - Benefit • Lenses - Time Frame - Single - Bifocal - Trifocal - Progressive - Lenticular • Contact Lenses - Time Frame - Medically Necessary - Elective RATE GUARANTEES • Rate Guarantee • Renewal Increase Cap VISION RATES • Two -Tiered Premium Rates - Employee Only - Dependent • Estimated Two -Tiered Premium • Four -Tiered Premium Rates - Employee - Spouse - Child(ren) - Family • Estimated Four -Tiered Premium CITY OF SOUTHLAKE Vision Proposal Analysis Harris Methodist Texas Municipal Health Plan i L League Not rated Not rated Bob Mundlin N/A Arlington, TX Austin, TX Vision exam: $5 copay $45 reimbursement Contact lens exam: $25 copay One set every two years One set every 2 calendar years $75 reimbursement 1 $60 reimbursement One set every two years $75 reimbursement $75 reimbursement $75 reimbursement $75 reimbursement $75 reimbursement One set per calendar year $45 reimbursement $60 reimbursement $70 reimbursement $100 reimbursement $150 reimbursement One set every two years One set per calendar year $75 reimbursement $150 reimbursement $75 reimbursement $125 reimbursement 1 year 1 year N/A N/A Rate I AmountI Rate I Amount $2.46 $4,162 $4.99 $1,856 $3.56 $6,019 $2.46 $4,192 $3.59 $388 $2.81 $236 $6.45 $1,238 $3.58 $6,064 $7.50 $12,690 $15.00 $5,580 $10.80 $18,270 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A NOTES Vision program provided as Plan will NOT cover a set a rider to HMHP's HMO plan of contacts and frames in the (not a stand-alone program) same calendar year; TML also provided a quote for a richer schedule ($10 ee/$20 dep) RWL Benefits, Inc. Page 1 09/13/96 14,50 a 214 907 9199 RYL L ASSOCIATES P.02 CITY OF SOUTHIJIKE Long Term Disability Insurance Proposal Analysis A143 Life Insurance AFLAC1E Com aft GENERAL • Insurance Company • 1996 A.M. Does Rating a Claims Office Location • Agent LTD SCHEDULE OF BENEFITS Scheduled Benefit a Maximum Monthly Benefit a Minimum Monthly Benefit Benefit Duration • Elimination Period • Social Security Integration • Own Oompation Definition • Mental S Nervous Limit • Pre*£xMrq Condition Exclusion • Survivor Benefits (jhW a RATE GUARANTEE Rete Guarantee a Renewal Increase Cap LTD COSTS LTD RateK100 Covered Payroll NOTES AFLAC A+ Su Dallas, TX Alice Stone 60% of salary $5.000 $100 ADEA I - to age 65 90 days Full Direct 2 Zoom 2 years 3112 8 months AIG We Insurance Co. A+ Su o Wft on DE WA 60% of salary $5,000 10% or $100, whichever is (eater To age 65 - reducing benslit duration JEW 90 days Family 2 years 2 Mrs 3M2 3 months 2 ears 2 pars NIA WA to ou I -list` -'� moun t0.410 $18,7� 1 $0.460 $21.020 LTD rate would decrease by about 20% If the. elimination period was increased from 90 to 180 days; a9mrs commission: flat 10%; did not LTD rate would decrease by about W% 11 the elimination period was increased from 90 to 180 days RWL Benefits, Inc. Page 1 09/13/96 14151 E 214 997 9199 RWL L QSSOCIATES P.03 CITY OF SOUTHLAKE Long Tenn Disability Insurance Proposal Analysis Busirwss en's Assurance Canada Life Assufano"a GENERAL • Insurance Company • 1998 A.M. Betfs Rating • Claims Office Location • Agent LTD SCHEDULE OF BENEFITS • Scheduled Benefit • Maximum Monthly Benefit • Minimum Monthly Benefit • Benefit Duration • Elimination Period • Social Ssourity Integration • Own Occupation Definition • Mental a Nervous Limit Pro*-x dM Condition Exclusion • Survivor Benefits RATE GUARANTEE • Rate Guarantee • Renewal Increase Cap LTD COSTS LTD Rate1S100 Covered Payroll NOTES RWL Benefits, Inc. Business Men's Assurance A Excellent Kansas Ckj, MO Alexander & Alexander 60% of salary $5 000 10% or $50, whichever is neater ADEA I - to 09e 85 Eu Canada Lib Assurance A++ (Superior) Atlanta GA Alexander & Alexander 60% of salary $6 000 $100 AREA I - to age 85 33 yes, I Yea 3112 2 Years 2 years WA WA Amountl I Rate Amount $0.280 $11.881 1 $0.4201 i19,193 LTD rate would decrease by about 31% Nthe elimination period was increased from e0 to 18O days. agent's commission: graded 15% LTD rate would decrease by about 5% R the elimination period was Increased from 90 to 1tl0 days Page 2 89/13/96 14:52 a 214 907 9198 RWL L ASSOCIATES P.84 CITY OF SOUTHLAKE Long Term Disability Insurance Proposal Analysis rincl l Fin ancial nanclal =FordsBenefits Group GENERAL Insurance Company 1996 AM. OWs Rating Claims Office Location Agent LTD SCHEDULE OF BENEFITS • Scheduled Benefit • Maximum Monthly Benefit • Minimum Monthly Benefit Benefit Duration Elimination Period Soolei Security Integration Own Occupation Definition Mental 6 Nervous Limit Pre-EAstin g Condition Exclusion Survivor Benefits RATE GUARANTEE • Rate Guarantee • Renewal Increase Cap LTD COSTS LTD Rata/5100 Covered Payroll NOTES Fortis Benefits Insurance A Expellant Kansas City,MO Bob Mundlin 00% of salary i6,000 $100 Social Security Normal Retirement Age SSNRA 90 days Direct Fernily 3 years 1 year =12 3 months NO"I Mutual Life A+ Su r Des Moines. IA Dan Hunter e0% of salary S5,000 $50 ADEA I - to age 65 90 days Primary and Family 2 years 2 years 3M2 3 months 2 years 2 years WA WA [-`R-Amoun cure $0.390 S17,822 S0.560 $25,590 LTD rate would decrease by about 28% it the elimination period was increased from 90 to 180 days; agenFs commission: about 14.2% LTD rote would decrease by about 39% it the elimination period was increased from 90 to 180 days; agent's commission: about 12.9% RWL Benefits, Inc. Page 3 09/13/96 14s54 a 214 997 9199 RWL L ASSOCIATES P.95 CITY OF SOUTHLAKE Long Term Dlsablity Insurance Proposal Analysis n Prudential Standard insurance GENERAL • Insurance Company • 1996 AM. BWs Rating • Claims Ol ioe Location • Agent LTD SCHEDULE OF BENEFITS • Scheduled Benefd • Maximum Monthly Benefit • Minimum Monthly Benefit • Seneft Duration • Elimination Period • Social Security Integration • Own Occupation Definition • Mental S Nervous Limit • Pro-ExkUng Condition Exclusion • Survivor Benefits RATE GUARANTEE Rate Guarantee Renewal increase cap LTD COSTS • LTD R*194100 Covered Payroll NOTES The Prudential A Excellent Parsippany, NJ WA 60% of salary $5,000 $60 Social Security Normal Ratirernent Ago (SSNRA 90days_____ Full F 2 ears 2 years 3112 6 months 64anderd Inswenos A Excellent Portland, OR WA 60% of first $8 333 of salary $5 000 $60 ADEA I - to age 65 90 days UTD 2 IMfs 2 j=rs 8112024 3 monthe 2 years 2 are WA ]E=WA RateoustRate VAount $0.540 S24 676 � _ $0.456 520,92D LTD rate would decrease by about 20% K the elimination I ' period was increased from 90 to 160 days: agent's commission: about 13% - listed RWL as agents (wrong) LTD rate would decrease by about 30% If the elimination period was increased from 90 10 160 days RWL Benefits, Inc. Page 4 99/13/96 14155 $ 214 907 9199 RYL i ASSOCIATES P.e6 CITY OF SOUTHLAKE Long Term Disabi y Insumnoe Proposal Analysis - E Toxas neLea UNUM GENERAL • Insurer" Company • 19M A.M. DW& Rating • Chime Office Looation • Agent LTD SCHEDULE OF BENEFITS • Schedulod Benaltt • Mexhum Mori ft Berm • MlMmum Monthly Benefit • BeneR Duration • Elimination Period • Social 8eonrlty li tegration • Own Occupation Defintlion • Mantel & Nervous Limit • Pre-E� Condition Exclusion • 6111141vor Benefits RATE GUARANTEE Rate Guarantee Renewal Increase Cap LTD COSTS LTD RateJi100 Covered Payroll NOTES Provident Lb S Accident A Chatty , TN WA Lesser of i100 or 10% ADEA I - to age 85 UNUM A+• Attante GA WA 1W or $100. whichever N teeter AREA I - % age W 3 3 srs 1 ar WA WA MR un I Rate I Amouht-1 $0.6401 $24.8781 i0.180 1 $21,020 Own occupation definition of disability Is I year for aU safety employees and 2 years for all others LTD rote would decrease by about 15% N the eNmination period was increased from 90 to 190 days RWL Benefits, Inc. Page 5